The URL can be used to link to this page

Home My WebLink AboutCouncil.Agenda.07-09-2007.Packet � � u , . a e lrar eau � . . issourl CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street � City Council Agenda Monday, July 9, 2007 6:00 p.m. Invocation—Rev. Scott Moon, Grace United Methodist Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes - June 18, 2007, Regular and Closed Sessions Adoption of the Agenda Citv Council 1. Communications to be presented by members of the City Council * Introduction of guests from Paducah, Kentucky � 2. Communications to be presented by the City Manager or City Staff Appearances 3. Appearances before the Council on items listed on the agenda. 4. Appearances before the Council on items not listed on the agenda. Consent Ordinances 5. BILL NO. 07-108, an Ordinance approving the record plat of Timon Way Subdivision. Second and Third Readings. Letter No. 146 Action 6. BILL NO. 07-109, an Ordinance approving the record plat of GM Building Subdivision. Second and Third Readings. Letter No. 147 � Action , City Council Agenda Page 2 � July 9,2007 7. BILL NO. 07-110, an Ordinance amending Section 30-87 of Chapter 30 of the City Code regarding membership on the Planning and Zoning Commission, in the City of Cape Girardeau, Missouri. Second and Third Readings. Letter No. 148 Action 8. BILL NO. 07-111, an Ordinance amending Schedule C of Section 26-121 of the City Code, by repealing stop signs at Peach Tree Drive and Fairlane Drive, and amending Schedule E of Section 26-283 of the City Code, by enacting a four-way stop at Peach Tree Street and Fairlane Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. Letter No. 149 Action 9. BILL NO. 07-117, an Ordinance approving the record plat of GM Building Condominiums. Second and Third Readings. � Letter No. 150 Action 10. BILL NO. 07-118, an Ordinance authorizing the issuance of special tax bills for the demolition of dangerous buildings under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau. Second and Third Readings. Letter No. 151 Action 11. BILL NO. 07-119, an Ordinance appropriating funds for operating expenditures, debt service payments, capital expenditures, and transfers for the fiscal year ending June 30, 2007, in the City of Cape Girardeau, Missouri. Second and Third Readings. Letter No. 152 Action � City Council Agenda Page 3 July 9,2007 � 12. BILL NO. 07-107, an Ordinance authorizing the City Manager to execute a Development Agreement with Greater Missouri Builders, Inc., and the County of Cape Girardeau, Missouri; and containing a severability clause, for the Town Plaza Redevelopment Project. Second and Third Readings. Letter No. 165 Action New Ordinances 13. BILL NO. 07-122, an Ordinance authorizing execution of an Air Traffic Control Tower Operating Assistance Grant Agreement between the Missouri Highways and Transportation Commission and the City of Cape Girardeau, Missouri, for the Cape Girardeau Regional Airport. First Reading. Letter No. 168 Action � 14. BILL NO. 07-127, an Ordinance amending Section 26-262 of the City Code relating to parking violation penalties. First Reading. Letter No. 169 Action Resolutions 15. BILL NO. 07-121, a Resolution authorizing the City Manager to execute an Agricultural Lease with Schlosser Brothers Farms for lease for real estate at the Cape Girardeau Regional Airport. Reading and Passage. Letter No. 170 Action 16. BILL NO. 07-123, a Resolution authorizing application to the United States Department of Justice for the Edward Byrne Memorial Justice Assistance Grant for purchase of radio equipment for the Cape Girardeau Police Department and authorizing the City Manager to execute all necessary grant documents. Reading and Passage. �""� Letter No. 171 Action City Council Agenda Page 4 � July 9,2007 17. BILL NO. 07-124, a Resolution authorizing the City Manager to execute an agreement with the Safe House for Women, Inc. for Emergency Shelter Grant funds from the Missouri Department of Social Services — Division of Family Services. Reading and Passage. BILL NO. 07-125, a Resolution authorizing the City Manager to execute an agreement with the Salvation Army of Cape Girardeau for Emergency Shelter Grant funds from the Missouri Department of Social Services — Division of Family Services. Reading and Passage. Letter No. 172 Action 18. BILL NO. 07-126, a Resolution authorizing the City Manager to execute a contract with Koehler Engineering and Land Surveying,Inc. for professional services for the Lewis and Clark Parkway, in the City of Cape Girardeau, Missouri. Reading and Passage. Letter No. 173 � Action Liquor Licenses 19. Conditional approval of an original package liquor and Sunday sales license for Marishah, LLC, d/b/a Cape Mart, 102 Mason Street, Shah Faisal, Managing Officer. Other 20. Approval of a home-occupation business license/taxicab license for Brad Isaac, Superior Shuttle, 2300 Jane Drive, Cape Girardeau, Missouri. Letter No. 174 Action 21. Consideration of an application for a special use permit from Wayfield, LLC, Stacy Mansfield, Partner, for residential uses in a C-1 local commercial district and a community unit plan for more than one building on the lots. Letter No. 175 � Action � 22. Other business. City Council Agenda Page 5 July 9,2007 � 23. 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,July 9, 4:00 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). � � � CITY OF CAPE GIRARDEALT,MISSOURI Office of the City Manager Council Letter No. 14 6 Agenda June 18,2007 The Honorable Mapor And Members.of the City Council City of Cape Girardeau,Missouri � Deax Mayor and Council Members: RE: Ordinance Approving the Record Plat for Timon Way Subdivision This agenda item provides for consideration of the record plat for Timon Way � Subdivision. T'his is a three-lot subdivision of a portion of Lot 7, Block D of Country Club Pla.ce. The propertp is located on Timon Way,at the intersection of Timon Way and Dumais Drive,within a R-1, Single-Family Residential Distdct. This subdivision plat was approved by the Plasuiing a�d Zoning Commission at their meeting on June 13,2007,by a vote of 8 in favor and U in opposition. There was no public comment It is recommended that the City Council give first reacling conside�ation to the attached ordinance approving the record pla.t for Timon Way Subdivision. Res ctfullp Sub ' , � ent M. Bratton City Planner �� Do s K.Leslie City Manager ,� � BILL NO. 07-108 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF TIMON WAY SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The record plat of Timon Way Subdivision, being a part of Lot Seven - Block "D" of Country Club Place in a part of United States Private Survey No. 3091, T 31 N, R 14 E, of the 5th P.M. , in the City and County of Cape Girardeau, State of Missouri, submitted by Midwest Construction Company, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated May 16, 2007, is hereby approved. ARTICLE 2 . The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3 . This ordinance shall be in full force and effect ten days after its passage and approval. � PASSED AND APPROVED THIS DAY OF 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � BILL NO. 07-108 OR.DINANCE NO. � AN ORDINANCE APPROVING THE RECORD PLAT OF TIMON WAY SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l. The record plat of Timon Way Subdivision, being a part of Lot Seven - Block "D" of Country Club Place in a part of United States Private Survey No. 3091, T 31 N, R 14 E, of the 5th P.M. , in the City and County of Cape Girardeau, State of Missouri, submitted by Midwest Construction Company, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated May 16, 2007, 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. AR.TICLE 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 � � � �#� at�e!' y�� j! § !i !r ��»� �� g�� 'r � ;°� ��$ � i Or ��i; Y Rj� � 6 !�t-pa §djF�!^�E aL�� i ;�3;� 6� 'a �3s: �'�: � "!�� i� � a W '�¢° ��ejE ��¢8xEP �.'� Sl�g �9ia�": i � � E �y�e� 5� '� � �j b(b' �fel�! �� 1/� x a d. e � s =�kE-, e�!-� i e ° Y � � js j • f ; p a! �� E!". ei i-�i E6"ji: �' s i i � � t 5 � F ��i �t°-s �i i �� t- �lt •@ �- 2 �. I� � i � 1"� � � g°N e�°�� s��xTyfi 'ttf'�� Esax�Arjt� �e�e� 3 i i ��{�'�� i Ur�� f �f�i� i �`��•�� !i �, w �$-sii ��i= � � ' ' i � 8 ! ! ar �{ f � 3 � a�� a�s �i� � a`��i��€i !a ��Pt �-�:l� i. °e a ; � ` `e�a�-s'ir s f �5 � ��` i� � ' � r � ��" �b-� E: 4i2�_ Ea- ijs = i- �3.�� . E � .�x_ �1�. &s j �� ;� g I !� � ��'-�: o i„°, �� .s� i�� j»�� Ei��j��i �D�a� f i�4 ?�� s��;� i a : f l s� i. " ei�E ' #�� @�x i � �M �„F ��s� g �jE��a tj�Dt �-°Eit�� `1i�F^ �� rs 3 j �x ^�.e��Z93E x�� f �,�e� �� ^� [�Is �� i�� ls ( � iY ~~N �� I� ��tti.!g! �it=$4�4i3sx7;eE � � e ��6 ��e �a 'S'��'es e i ��si �' g .i�s '� a ��_ e ;i i j''� � ��"' o o� p��El� Ys!'q ,.i=�it¢jt �j7.E3�if- � �� e i�� 5ea��p '�� j� :��ii �� 3 ��F f ° �� a�� '� 1 o�,� �3. �� r�E �=e ralEie t x ar� i. i .s � i� e. s d, "o° - '��! � =B �p= j�� S !� i. � »�+i=3a�s s" i� • � ° �� i. o aa� �� oZ� !�• g � 1 e-: t��i��s"g� .i g �as _. i" � � i2 A1� '•� S� p E ;g 8 :� �� i. 1n Q o W� �r �ir !�d►sE�-�€»�sE_I[� :�tTi'sf! 4Ga9! e� �5Y 3� `�� e��x�.�3 �� iv ��-.��i8 i� 6`� ca�i ,r `$' s��4;� z" f� �j � :S � � p�a O � J�< W m�� '�j�� j >�� 08�2 5 yaz �tY y � o�`�' �> J Q 0 R M ZLLNQ � 1 i;' �� 1Y Q W� �� W � s l� I I I�,I �1°�I O �� Q� �7 � 0 3 i - 3 3� °z �I�' � R$ Z � � o . �� I �� W � Y ; : s� W ,� _ �-. I �� a � �'�� f �� z � � � $ .# > y r L-W � � o . , r � : _ �� \� ,`�' � ` r 5 �� 5re �� W ,. � -, � - _, N �� - 3� �'� �' ' � � � = •� � � �� 5'e esgg�ieg ('3 I/ '�, •,,`••� [ N 9 e e e 's�e ��:e�ri[ WW I_� �' • �'"�y 1 �, �� ., �� ••� �� •�s ,�1 �� • ��,'•, l � � � �\� \ 4�0 _ _ — �3� �.� a Y R S E: � : \�,,, \ ,\.-f I /� �� i� �E 7�SS5 � ' � �'z X�� ,. "'+:� •�� I � � ' dd�i§ W$c-"�� \\ i �, � . \\',+ •J',•`� `�� I �$ � � m ^x'z ` `\ 3 � '�, •,.\ ',\ �g ' W�:zss ,�� n5 \ �*, • \ ',\ � s� I �:�-:_ , �;` � �'�.� � � I ,, �:a z'a '`yf��`, , a� \�• `\ \ J�i�.� �%C�T� iiV, ' t � \ ,'` �I ��`7'�_ V :fiS�.^. ' . p0/ I �-a,4.'^� 5 � , �"��g l' g888s .,�'. . � � ;' S% , '.. ?83RS � ' 1a` i I , V �P, /�I � � v/ �/, �` r / �� "«^' _ �,, . ' I , � � . -` �_!I �� ,� .' r � — , f � �-' �. � �� ; .' _ �� %' �o � W�n:�s8� ��: � �� m»iose#a g�� /� /� �r OYS.rB:- �y� �.� �' - _ Q � ! I'^� `` ` . . _, » l Za�"rx.tS.9` � 8ro � �'- � •.e� _ ' ... \ Y sa 3 °y� �J "A.�� , �� '' �' ,�I �. �` � y. � a ` '�" ' . ,�� qA 7 -Q z L s�� / ' ;/ ', �� ai �g o:c? o ia� Q:: ; E # , �" ;j $` o� 9a e�� g�� a.;a $ Y : : I '• + F- y ^t `• �Y� O q�t � K��: }� 'R ,,r, , r.,, ,�` �R i1C S�� $ �6� z«33 � � y / \ `-� �� • ''� / O C �� R 'f � �R"� W�Y�� j .a^„"�. _ p' � :� �. �� .1�- � �� Z. +a / 1E�3 'a.r.. �- - �- ?� �• �� Y � �49Y O i�' B ,_^ 1_ ' ( � � �' �'� e'e A�b C 9:: 3 ON.Y:i � , ^9 ., - 2 e �4 C�� a� ` .• ' p �e� % _' � O�yr� • ' .. - .. �G �3 �� . _ ... _ .0 � m• ^Y ,..,_.. ... ..��+ .` ��$i� . � , £: � �}� !^ Sb! � ,�' 4 - . . °�� , �_ _ �°" . / a ; ; _ . . /e- ., ` �� f . �tt>Ml>,-...T�,... .. "vl/Z.J `- � , �� u�r�oi:'�l R : 3Nb�1 bNNpO � �„' ^.,+� ,�_ �r� S�m ��1 / �^ •�s ` x �� SFyYV � �. i� � � ~`' '�� I °�r •� °g� i �1� ' � ��P33� Y� Y Ci :�� r a ~� � � : � „� S� �M� � N r. i� ^ �tX � �. L $`• _ �• ,RX �a 3� �b C'»Y�4i � q � 1� ' -„„ "`^- _.�,,,ro.��,��°.�' �� .v `� 3w �' � bi ia�f�.�� ` �� Y 'J= .� \ A `'_ �` � �" Y: c� # " �YU��fMYyg•� � y� :� ��q� � z°"`'� �1�� J�! 'aIx ryR` . > � � 9^ t �Y - �SSSB� i �Y �� +� e�� N �� Y�: '��' �1:,1� 3 ' ��x �� $� � �� a°e: p ,,; �$ ;Y s� �°ea axe w 3 '�:� Q � s V'�� c(:� lu �^.. �� { y• �s y ��e s . .. i � �� g a�� »Gi� 4'i �L_,r E` 5; ;'� ;� � ....,� w ; p� sa a w:a � gg° z i� a�. i� u�2e +� ��' az � C e. : ��33� � J xa xy i x� L �Y c )r-�. •a�•^..., ,�� b" �- .�'..3_... � �Y W Y' S��S�K . = Yq?�� Y x��. ! �. --� .j ! �:� �s r :�� "�� x �,.. r. YD � �x ,�'.b :Stl �: '1.� { � � � NI z 0 A N � A z G � � J � ov A . . � � . , � E � z ''� Y.r w �' s �, � i 'l; 4�' y"k # - t_, � . ' ;. ;�r . .: . .�� . ' .�.. ,.'' „ .-'"; ' % � '- v � �� .: " . L Fi �; �,, ; i � ', J ;.w k � ' iF y � r 4 � 6.# .^ �ya��.'�: � � x z „> '3 �� ^�� E� x J, y=� �sf� �� z� .,��- : " , ', ? � � > S � .� . Y � �. � t' .. � j uT �� . 3 � '� � � ✓� � 3" ��„' ,. J�. j ��. � -0� �R .. �' 7y . t � ;3, d �;�.+�. ��.� '. f ; .F / i �p� ' ,� �+` g � t � t -� ' p.fi/ ��, t ,y# � �'a s �e-� .t � � : ; t t R, s �, a J� '�� '"' �x��...,v��`�-��z. `� a � y�7 ' � �s� � . 's '` �� '` r �� ! v �,� �- � ' ,g`+�� °�' � �:a fi� ., � � �.3 y�-� ;.� "� '�� i :8 i . Y ' % F x � -^e 3 �,SY� 5' : .r� -S' a '` � - ° ; '� � a:;at� y� �"�� r : 4�� ,�, � , �;� f 'i ' '� �, a "'�3� g � s . � �.�� .E `' �� > �� u^ .� „� � - � x� �; �s� .x ��.. ,�"r �, �' -s� �,.. " , ��'[� a s '�' � � _ �.t � a m�� .�e�+��,+''�,g "�$r ea� .i � ,� � "� '� n " < :z si � y' �' � ffi , � ^ r' �. � d t f r � � e e` �. � a° - �. .-x l�� E ^ f � �* �� :'�� y �� ; � q / ; r Y � � � ' �� k Y �� j y�t � � � � ` � � � � � � � �� r �� `�, . �:�� g� v s k r�� "�a� ,�� " � � 'r� ;� � y f �� ' `�` �` � ' � < a : „r s �„ r'` '�� ,�� ' ; ��, # w r� v �'�'q s , p . . :, � ��.�i .s d '' g ; � '�'�'a�° �i* t i�,. S �i� � a 4'�,f '" 'L'e a t ^ � �, �� rt�L' . "��q.,: � . � � �� .r�r��ez�4,,,�� , �, t� ' t ¢ ,�„�s �y z�,� t J" a v*a,< �'� �s,u' eF� q��y� ..� �,, s�.� � ��' 1 .�3 w = y� r v" 3 �", � . l s,�Y- ��'�y & .3- �> � `� � '` .1 � a�:� ck x � s �,�, �`i�� a �"`�`�a�,;-�� L` � ��` � b` � � y e .a a e � r r ; ,, '�{ J,�... �� EK..�s�� r r ; � $ r � �a r� y� e ��,:� a � ' : �' '��^.z 3 .z �,. ��.' �. a"- �""' " .w.=� g a, .;� , �;�. 'v . �°i" . � ,.,� ., r„ f j � � � �,� �� f � , ��s`'' �� a f.� � . ��.w�_ ` �p ,} � �fi �.p` �� "� "?;'� 's�'e�9+,.�:. ' � �X�� 3� � 7 � .�� 3�.t� �r.2�9'j �'� � �, �t �� ; ,i �&�`"dc,s� .�,,,'�an+..�^ d°'�✓�' t� .� � � ` �� ;,�� ,� l. � �.�-�a �� q"''*�.+',°`�'�'�� '� ' �v� `°�.� r� . � ��j y��'��x . y -'z� -tf � r ��`�„ ��4��. �y '. � � '; f �� .� s 4r v �. ,c., rz '.y,F, � ..,,,_•6.� � '�- . � � '� � $s� �*�� ,�, � ',�� s�� ° �"� i � ,� �s�� 5 �r � a �� , � � .�� '�_ � � 'q:�. �`�� '. � �� ` e�"� �^ , �*� �..� �r . ,� �t ,� t� '�` e , � ��;�` : � �. � .� '� ��.� :� �' � a "� ��'' ,�w "_ � 3' „� .'; �t .- � �' r�� `- i� u.�k , � , ��,�� t��.�; r j < .. � ��.. � >�� ' 3 �`� �� ' �-' � "s�'��`r � � �?� `� �1. p �� d �' a v �i �� tia a 4z : y5� � �r td_� a ��„ C � '� �-3 �': .�� ..a r� '� �f �a�� a�; �„'� „, e�� i '� .�� -, ��. E � '�� 'ua`.k �" a .; ' S :� � _ {�� °� y . � � " � { d � � '��-�,�t� r:'' ?�f'i a � '� ,a�' ;�� a;' � aa '�L . .� �,� t d � � � X a ,� " �7 '��a.� �"' ,: �' �i �;, d' � `"�-� r .� 1 ° �' 34,t ��,- s;,,7 x: � 7 ��x � �� , �� i . rk �� .�.�h .��ao��" °' �4 �a.,� �f � � q`d�'�T'�:' � �' +y '. �" '7 H S / `, �� '�# t ' .. � �-� �� `'p��e"`��} �� { �� qfi � �� .�� x v s��' � � �� p ,,- Ps � a" 3� �S*u �s � `��-�a ., �-�,t .� � ? �E � ��g §'. � �� 9 ��,� � � � �� '� � �+�a� � � ��`�� '� '' � '� �'� t5�a 5 � ".F ��,� � � $ C 1r �/ � ��c":�� 3.� � 5 � ��.��+F �+,�i �� .`'t �� 3 "j.P, '� � `3 �,. h �/� �A�� f.: .:. .. '' '�s F '� �� x '"y� ,a ,. 3 � ^c, �F,3 °�t�x� ,� � : � , 1��^ a��'F -�.�� ,se ✓ a' �" � �� ,�,.a �, .d . F "�° � �� .„�d$ .� �. v�a b .'�� d� <d� ,s.. " zg, a" �� .. .,v � 'E�,� �� '��.. ; Y k�� .• � � '�a� �� j� ��r � ,t �� r ` j,ii�� 4 . ._ ��i � i7��i ..� �.�" -,.a F ,�� f rP a m "'s".y v fi'� '�Z� ^�,�r �r � t`z..�.�n� � =,t � e c` /x K �'��a '�r "i �3� .: , , � . � �� j ,.: � a' ' : xf; � �� 1 n �^�� / �. � t ! `% � � •� ��.�� f'�� ._ 1 'J� � £3A l � �4 � r�, t,� � ��'� r �� '7� Y� � F C � �. '�Y - 1 ,'�.,� � � v� _ � Y a+� � ? �/ � , .� l` � �� /D X , ,.j'J �� 4�� , b � �. � 6�''m. q �Zf �g } �b �. ;, 1 � �v � `� t � � �, � � _ � ' �� i.�, : '� v�r ya'�3 �z r�� : "�r � - :i; ,' '. .` � , , ` � r � T�3 . k: sy$ - �,'b # ..�� . x� , x �� : ��J;�� -, +^ t��y � �t"� ''� ,r ..� � � x' * �S�.. _ �.....sx��sa.�"'� >.�u.�_ '� ��a. ,� b � ��s Ads�r � % ; / ,._ � � � ' � / / i� i� / , i/ / � i i_!�� i /,�.:;;': � � ,�� _.,,•,,� i !%�. ; // � --,/�-- �� , I � i�r�i' .� / ,, �r , � ,; // � � i /,, ' / , . � / � . / � i % : � i , � /i , , ... .; � % i ,,, . . / // �. // � . ,.,� , // ,� // ,____. � // . ._. /// / .___ .... /// . ...._.._,.___._ / / i/ , ___..,:_.__� , / � ....�._.. , , //// . , / / � ,, �.. .. ,..,, . . , //// / �r .. •.� I,� � I � / ,.//I. ..��.... I � ,�Jj � � ,/� � . � .._'//I ••....�j I ,�•�j ,�/��I, /� ��/ j •..;�,;.� � ...,,,,,/,�� // _ / .� . -.ri / � ..//� % . � / ► ��/ r� ►/ • / / . ��%� I � �i�� /�� ♦I � �/ �� / � � ♦1.�'�i�/// � .�i.1/ / 11I ��i�� / . �►��.��j � �j�1� � / �/�� ♦1/ � I �/ �/� -��i% ��I-��i�� / ,�I�� . �I � /�i .•►�� /� / -� /I ��i � .,., � �/./ �i� � �� , � .,. / �� /�, � �i�•.��. �. �/`�� .�,'o� ♦.'.�� I � �� . �,�1��i� / , ♦� I 1�� 1 ..��I�/ / lr !�.��•.�� ,� '1� �,l / i.` I' � / / � � .....� s , ., :...-../ ,� r,.,. ,••��•,•� � , : ,,•,• , �%/i�� . . .�� / ♦ . � � / ...� . . / ► � ♦ �� / / Ii.•..�•.�. �! �j�j %�j/� � / / � . �✓ Ir / � //I •...,I✓/% /�- // � � /� ••.•.�I ► �// / � �� •::•��% ,. % � � � �i ....� , : / /, i ....•,/. � // ,/ � �i � � --::.!`� � % ,// . .. � / � •�i� / / , // / 4k •��/� � � , // I� ��511` q ' � �. � , /� / / ,, � �. . / / � / , �/ � . � // �� // / ,' . �. � / .� , �// � .. / � ►��.• /�/ � . � � ,��,�� / � � ►... �� / � . / / •..� � � � i.�� ►.. /� , , � / /• .. / , , , / � � ��i� // ;'� 1./ / �I �� / I��i�� .,��j/ � � � � /II,/�_..._____ �� , � ��.Ii._�_,��--��i//II��_��. ��/Ii._ /��II�._ / CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: Timon Way Subdivision Index# � Project Location: Timon Way�Dumias Street,Cape Girardeau,Missouri This application is for: � Single-family residential ❑ Multi-family C7 Non-residential ❑ 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 SUBDIVISI4N REVIEW FEE (to be submitted with application) One and Two Family ResidenUal Mul6 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 2"a 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 subdivtsion 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: Stacy Mansfield Name: same s Firm: Mldwest Construction Company Firm: - Address: 2989 State Hwy.25 Address: Jackson, MO 63755 � Phone: (573)204-7300 Fax: (573)204-7222 Phone: Fax: E-mail: E-mail: > PROFESSIONAL SURVEYOR/ENGINEER• DEVELOPER Name: Chris Bowen, PLS Name: same Firm: Bowen Enqineerinq�Survevinp Firm: Address: 1078 Wolverine Lane.Suite J Address: Cape Girardeau, MO. Phone: (573)339-5900 Fax: (573)339-1391 Phone: Fax: E-mail: chrisbowenCc�bowenenqsurv.com E-mail: I, the undersigned, do hereby state that I have read and fully understand the provisians of this application and further, by my signature, 1 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 f I 'on hy the City Council is not unnecessarily delayed. Signature ofApplicant: Date; ��— / 7 � 6 7 F�R OFFICE USE ON:LY NGTES AMQIOR CONDI�IONS: Received by: (initial) Date: ! / Reviewed by: Engineering (initial) Planning (initial) �;OPIES TO: Engineering '` Inspection Services Subdivision File � CITY OF CAPE GIRARDEAiJ,MISSOURI Office of the Ciry Manager Council Lettex No. 14 7 Agenda.June 18,2007 The Honorable Mapor . And Members of the City Council Citp of Cape Girardeau,Missouri Dear Mayot.and Council Members: RE: Ord.inance Approving the Record Plat for GM Building Subdivision � This enda item xovide ag p s for consideranon of the record pla.t for GM Building Subclivision. This is a one-lot subdivision for an existing building located at 20 North Main, within a C-3,Central Business District The record plat is needed to esta.blish the base for the condominium ma.p also on this agenda.. This subdivision plat was approved by the Planning and Zoning Commission at their meeting on June 13,2007,by a vote of 5 in favor,2 in opposition,and 1 abstain. There was no public comment regarding this request � It is recommended that the City Council give first reading consideration to the attached ordinance appxoving the record plat for GM Building Subdivision. pectfully Submi d, � Kent M.Bratton City Planner " �GZa�� Doug s K.Leslie City Manager � � BILL N0. 07-109 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF GM BUILDING SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of GM Building Subdivision, being a part of the Northwest Quarter, Section 5, Township 30 North, Range 14 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Guy Tomasino and Renee' Tomasino, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated May 23, 2007, is hereby approved. ARTICLE 2 . The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3 . This ordinance shall be in full force and effect ten days after its passage and approval. � PASSED AND APPROVED THIS DAY OF 20 � Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � 00 = . a 's :- > mW wirc . �� aoui '� o� i .'.azi' :� �i• .n e6� �o os .�xu� uN c �� w�: '� �" �g "�'W"'.� � ,'. ' a o .'",� o«R��6. «f�^,' >S �. «Q`�' ; • W o�: � .. �F� i. 6 = � C G f�D i~� � a a c - '�i• �� u u v c'i�>�.n m' "u$ oe'�sM ~o�So � �z s� '°e.n:o :: _ - �8 _ '�' � �Fh�o .ES ` � �'>�� _ � °�� W " �� „'":o,"-`:SW 4 aa. . � �:i F Fo��s:i.�i�n�g oN. - '� Ni:.$ o �i �am � g oo 'H oou_ o�V� < z$'^� �� M;��O � � �� „�°{"zF ��a`o �� . iS�o�'e�i� o .�. :b' `�iw'ozFb <ii ' ��z�'�'�� < r�n�' � > ?wi�a"''��""''i ��:W �a�' s.;o i � o =o ;� =�W:a�s�_ � fi��S°E��F�S`p '�� a� �� y fo�3��: = W;' �, $� S�tWe � . s u �s�:yyy i^�r �C oF ' ioa�.�e a �N< V' ul� ': N HN'�i� - C J N•� � d n C = �� 1� �j r O 1 'as� �:°�€+n�i�j �'�� ^a �• �u� ", ' �F`.,i � Q i¢ �]oii�o�>:'e z= Za��a ;g��r`.s,'� ,.os o��: �g ..�= `= W�� _ W��"; _�=� � a�o a"§-$"�» s; W - � � � ;> o_=; '., o W��o�a�� t- � ��g a: =o� !�yW i: � .a ��=�e= a � ��. ��-�o�� _� r ��_ !: �: �»'�� c�io�':> fiS�:� ��3fi��` �o �„ � � ` �3`:�W ��o.�: _o�r��z� 'c o ic� un. j� � o: W ; KC�i� u .oW �;v o�=�� o<<�ry"�8f38�f ��_ �� NQ ;r��xo � �� - oa_� ;� oa��=:��: 6 �_ .� ,_ Oso_v °oo�ig:' o:�o iu�� a' �LL !��ou s "o � r/1lJca NQ•�i«m'_d��i'o" io a $ si � ; u a` U�' � � � ��L o��y�C•pi�f u�� wyr '� LLO ��W • � ' u�u�i ��S G�LLm� � a c2LL�~p� W�� 'w ��N�� O YS�«Tr OS~- 00< FS O� ��Y N� �� =�.60 . V'O�f= ¢ Q 0002��NOW�� y � O 2�>`�` p m.$'-�' Fiy��u"�Sa��iY e'"" . i� �2r'�em_� �� is� '� �'�" WZ�W ; i� W�Ni'nr''-za` i2 iM V=Ji.`�n'�m o.�+d�$�nffitn` u°�ii� z'W-' � a 1-a.0��=z�� 'i '�z Q�os'a�n �jN�WaFigou�.i i� • �m'o z_z _i {'u v/U�eimi� �N �i 'i� �Y �u t!U�a�.- �� HOi'�'�8-~W�g - - - NU...„us8uu»� �e .: � o� �u � u'�o �„ : n . '�� y� urn '^ �Q ? �� m� ~ � - oao �n "�: i n�i"' i �.i �i � ri rg aow o'^ 'nu � � w �'w � � �m o 23 � F . $ �'X � � i :� - O:uy o^o W: W ^s:i Q a g . � -n sF Ns _ oo n . Z � ^ - �� ,`�' F-i�� =o � ^e� � � � _ Y • .�i+'� � �^a Q � Oz $z �z � 'zw."i� N w Z� i � � � `�d � �� w�� '^~ � �.i i z$t�^ Q O Q° � Y � � � : �� °8��; �x �� o � _� �o�= - � ; � g. � W� o W W � � o o�n o o"o � u w`�:" � W ��t � � �� ' WWo � Z �n a v � .. �.� W Ws Z=_� W �o � w < � � N wo �N �t x N x �� J� Z ' O`"'"`= Z �� :o -�"' ' U� W� o'::o � � o ' ZF W � 3 � � 3 dN� � ��b � � �1��4 } �: �� m:r � w3 `� aa. Y $ > �� = � ��= Z = o°„:;� > N� ` ;m� W� 4: .�._ _�, � � �� o � a_;'s� � ;a . � �= W� <a_� �� Q� �O � O p O O U O N . u.��S c�n �� Yo m. � » �o »` ��„o QW o � �Z� ----�a._-- ts3rad�nnia) 133211S F - - a31r,M � ,W / .90•9[ �.O�.ff.Sp S . �'-�"_"_---"— J � . Za U � �LL �� +.LL�1£1 �.25.00.Sp T' / � � .90' �"��'�� _� i F-Q m .92.t1.40 5� I "�F' O � o� l. yi �' " �' bv � � d � � � � �O � � ^ F! J � r �,�` � d v � � � 1 ' � U V .c I � ! i � � �Z �0 3 9 J b b � �o t :t h � I � � N O w Lyl} �.i$ ntr pq p � � `' l y ro� ! �' f-Ti "t Q O q g� o i �I � �U �dau � Y n "in rd`� °� � � Z � W ^ �� ^' ��i '� h� t�' ' c�o �g ^ t. ff§� �� ,�Q< dX j u� �6� O 'z' > u � Y . � 1 J �tu � ^ � �� •''r g�m Y .. � � _ _� s o �� vn'e, �� g � W� � r- „ • �� `� I �a �10 nF ��. � �� z U ?z e c. ��\ S �. � w Z --_ -� \ ! �a ''� .CC'OB l.[t.bZ.SO y �1� (_�j� LL „yZ.: w,�; z, o� I.r Q� � QLL . . i wi � � �W `ri,�?a P1L?t,y 11� T -�se-cr� x...,� �' �� Y �„��.,�,„�d q� i ly ` /l/11._ ��. �� ' 'i /� >q� N O .` � %f. 9t 3,Ot.O[.SO N `��` _ _ .ic•it' f { :( z' � � �3.sr.��.�a.v ,I Nz� � _ .__,..�� % 4' �_ ! ��$c� „ qI �'�'�- � .[Q�oY 3 _ "�' _"__ '_' _' � on"L .< h �" -_ •CI,6Z.S0 N . .8�. ~� "_' __._.J 3.. •Qr o _ � � �.;„� I �'.� I ��` f j /- .., __, � , W ---- - — . _._ . - -_(M/2i �9S) � --..._-�33211S Nlb'W I ;-�� ---- � ' a�"� N I� ------- -- -- - ---- --- ---- --- -- I 3=�� i -- --_� I f:�y � — ,. ----- f ------------ ' --�3--..__ --; I 3a�,� "— _l_ �3 �. -- —__.____.._ __--- ----_-__--_. i' I riiQC ---- ..u--�_ ' �W � , I �W z � � Q� ! ! �W � ��'� a� � r�� . � � � -� � � ,� ja � � �e a #' �� q`� k �A� �� +S �� Y ,� �� _ , I r�� y �� . , �.� 9�.r,.�,u•a�^�,zf�'�' � ..� �' � '� '.��" _ � `. a r 's b, , ' .' , '. �,e. �, , _ �� , g�^,. .�r � � Y� �� e � � �».„�,�� a . s ! � =s� . - _ ��.�' "�� i'r,3� ? . .�.,9.�.m .� � ��'�w. ��, . __._ �t � .. �l} � r - � , $� �.,,�� - � : � � ,,,' �►;� �� a � � � s> , ��; � � ��'" � � �. , �• � i� 7 6 �,, � . a�1 3 - � f�� '��a < �E - � , ., �.:t''e 7 1 � j � f„a� s � € t ( 3 .;�^� � � � * 3 a � F+�` �,� : " . ;' r-� �� {� .- y�'a � � ' j[ R p _ ��:' �¢ �t�'.� b.< e. �t� � '^M. � 4 y $y�. i . a�. �� g Y� � � e � ��j . � '- R»r� f� �� yS�,3 $ r �> L'h �.'t��;. — 4 . � � -� f �, s' � (" . ,i< � � f� ��t�� .P � � ..� �a'S k�>-. 4 $ t 2`5 #'�,�- 4 t ��' � �'� f�� r a r � .,w � ir -,. � � 1, 3 p @ aa'.�' �"�^..»-_s �m � � s r` kp � _ � j �7 �, r #�� j fi8� a - .. e. l�� :' ��::�A� �'� � �1_.� z , � �+�� P ��.. � a�� "'� � ,� i a�� # �r�a` °v �,� `� s�.� ��-a� i �° �� '�F.. .� � �, f '�� N ��a L .i �� t �� ,x 5 . �32� � y E »�.*ne'�- '-s ,� � � � ,..,,..� R 3� .. - �P4 .. 1 ,r,N�, (A _ �7 � $p P^' � '"°.,.,�„�.>xxmr*Nm .�) �: �e M, � �� T h �mf �~ 9 �� j"` . K �'a d� .,y �d[.Y 9 �a�ry .'-�, '� C ��'-o+.. m-.__� � Y ��$ � {'j '�E. � � ~ r � ¢ �� '� � � �'» � �J F ` � � ' `3��?�� < � ' .�.,,...mm,z,. de �,r, b m�:`s�'s �,�.,.,�,rt,a�s>a� °�. ,. (° d r� �,. . ��. i , �. �z��'4� ..,f �� .: ��.V .� .a-�.� � � �t�„c 4 � '��" � �a "� °".^^.,--�"� e � ' �.�_ Y� � °�„e�.+...,w� - � a^ri�, � � g�, �. . � ..� . � � , . . . .... � �� A. ��* a � # . '..To^^:»wu,v+ew-�.�y � k � 6v�P. . �� . , � �K�1 .�3 � � Y � k� . $ s�� '�.� � . �`*� J�,�� . � . "S. 5 � "4.�.�'s� `� v�'� � � B �'�;' �� . Y .� �Yb6^*��xx@�°,i e � q � � e. . � '4 ( 1 ym. �R � � .� ��'� � - �� , . .: AS : b .�t- A k ' '�'�`' e� �' ^5}t--' - '+'� - �� - . � Ati� �� f`�r � . „ .�_' -.......�� < -.:� �� _ �c. � � .v�� i �r� � ',:� '� „ t � f, '� �� ,� � .f �z 1., �fi�� +a� �� I i t� a � Y � � � � e�,�'�. � � ��2 � �� A '�� #��,^-� �� ""' � 7 � � �� _ � ��` -,� �� a �� ,.. � �� x ' � r � a � t �"s?� �,�: ��` � �, �.�' t`'" '.x 3. '—:�'^--..:., e '� ��s� �,�.. r . �. D�"�"� �� ' . z �9 "'��„.,�„ S '. '9 -m_"`�".�.-- �� "'^a.., � � A'ai � , �. z'.� �. , -, a � .._.� .�r� :y� �`� :_ �� .. � wu.:�' �.� � a• �` �q ' �*' 3 �R .� ,.�.��1?�y, � a �� s � �„ X � '�� ,;F' � � �� °.� �� g+ ¢ ,t�. , l' r a't�, .� �m�Q � �# �ar� � R � �� -�z...�,t' �� +� � : . E .� � ,,��-, t y,� � .�c'� ,� ��L- �'�°'*c,��'�.,....� a�'r "r � '�"��o .s,,.,�,p �� a�' � �� "�;f �� ,J " ��f �i -�� E a �, �an�� sa, .� v `; �� ;`�� , '� ��"� � � � ` � �� .�..-�,...:�- ��..� *».v.„., � xe�a ' �-a _ � w=wc^« ��'... � 'a � �, ^'� ..� <� � � = � . f �� . �.' re t, ,�'7�s°yam ,�� <�y,�,,� � � ia°- � '¢}� �° �.1 3. �� i 3, y,l !K . P' a .._ S '�`�, `�sa.�",�'�'��^� T� ` � r�,` } ,-. . .6�&.,.,,, ..�,, w �'�R `� . .�.,5' �' ...`�J' �� 9''�:'�"�w�.d'j ¢8 a ; yf 4 �;p� .wy� " � f g . �- � t s a � +�r2{' �'�.> � 3 fY` k t �� ; � �x : �� i: , �;..: ,' � '�,�,� �' � �� y � a �� ° � �� : �� " �t� � �� - �s�� .+� ��.��i �1 � 9 sr . s.w g '�� ,+`' � :. f 4.:� a �' �r� , �_� � � �r�� .: '�" �.h� � i`��' � � :� �� p "�.e-,a�� _ �`� '�.� . � � �k?.�w .�rp')'! �� s�� '� ffi � Y,. , 7 . � � � w �ay .j� �f �� x . '�' � v,. ;�. � �`�.�� §�r �.�� "« �- � „„ � .. � �k� . "�".' i�- � �s -.y�� ,�r �r 's�'� g , � � f�. �fg ,r� �� ' � �� e�" ' �°�.- �i1� ��r p � �, � � $ F' 4 � ¢' '4 � .�: �''{}�"�.� � � �� -,c� = °� �' � 'a�� # � '�� 'C��r-. �� '� x ,� �� -�s �� i��c.t �� h� � � , s7' s'; + S ; .�� "�'A� � (�"'y.*� � .`� a-'��'�C,�,� � ' . �t �� .� , ""3.� ,g,��y�.�wt. �r ;��,a( ,��... � ,€ § � �- °�' ��»:Ti ��e � . �' � �,� � � ��5,��,�^�»��x� �`�� . ��`' r�a � p >`n .� F�z �h ,�' .k ��_ r�� ' z�' �� s�� r��s� " � � '�,� �"� �'� ; r 1 ,� , y� '� ��. ' �" � � � � '°¢' s�' t i . ��'�L�� a a� ;i. �� $�'" "'s ti� �, g�,�z�s �e .� � q,��,l` �r,; 'ht �a�� '� ,,:➢f+c-� . ��3 �4�,� ^,�.. �� .,s��r1��'`s�^sa., �3 _ ,�.'� ' ; .��a,,�-� � � �� b.: � 3 � �,��"� �� '� g'"`� x �," .�4¢.,s k� ��,;;�s�� ` ��'; ''w�`' (�( -�'�. �r�'��-�'� r ��. , �4 ¢,��3�',�' �»� ��'s��d"�: i4>,;� y�� ° , r'3�� . �: ,!, . �: � t �� . ,�� ti� �� .� �� r �'�� ,,.s �..�?�. .�f�� ,5�, i ' �� '�� 2� i�E � �3�� e ��, C � T'a � � .y ";-r� i „ 7,� wn � .��w 4 � � ;�2 �1" _ °t) .: �� ; �� ,�.,�,, ��f �� f�� .�� tt? � R. � �r3� �'. , ��.: � �� . ''c�� r � � 3 " tI �. d-si � � ��i's`�' ;4�� . ��9• �' �� '� ��p �� , �. f� {SQ,tl �� p�� Sk �"� �� y�d � �°� . �� ggg�� 4 . ��'"z�� x ' � �� 9� :i � � 3 ,��y�� ' � � . � � � � y � h�� '�'�` ��.. �� i �"9#" t � �.� �m✓�� .;�s a.'3a'.�MNv .. ./l�. d �`�z�w.L„�w�."' �Waa�.°t,a�i3, �, „�.,. r..r , -. . ��• �a f . . ,� , ,. ,r � „„« . , , �' �" r� - , . . , : : : `� ^�. '�. � �'�. 7 �m � � - , ,� �. , .� � �r. . .. ..,, i e 2 ` � , _ ,. ._, > , � - � � p' , �� , 1� �. ;' ' .� ." �e4+ Q � ^,- .�.. �� 3 � J � ik .. � _:,..�.:. �.^... . . #, ' .',... . ; > �-S 33 < g I a : s ` i � 3 „r. , a ' . , .- . ... ; e . � ; _ � � � ) s j }.' ^ " ..., Z � Z? � aS ?- $? � F $ .,.� A ...,� . '� � �� '�� „ � ', ' _� � , , �, y � . ;�� _ .. . � -�- . _ , o.:j � �`� 3 ; �/'--�'� ��-`, . � � T. l �,,�' '� � '5 - :a � - a '� � � �.. g�. ,� a a^ -�, e u.-...` 3 d � �, s � � �""'"� �„�� _��: � �,r �-, ` ; >..��„ � � , _ � .� �< '�"'_ a� � ' � � � � � � � � _ � ,.�,� � � � �� 3�� ; � '� �� -�, ..�� ,� �-� '' 3 � � �, �.�. a .�� .rr • � 4,ra ,:, �v h.ws. ' .,� � �� ,cR�y.,.�., w. :.,,� �-�41� �� . � � � 0 R .,: �y ' �tF.+ y. � -j� � � �-" � y$�'+S{^ � p q � � �a� �� a .,, 6 ' � 4 > � � �'�°'"� r,r. a� '� � , � �� a �� # � 7 s � ""e +��dt'c� � 'y�'� `q � fi : s � M �� :�.: .", . � ," `�. � Y� "�s� � � '� . �-`°��a�p� ��'� L- +k�� g ��*�� „- �6�,. � "i : �'t 4 ��mmw...y. i�"�'^ � -p � 3 R`j . � ¢ +� '>ey �, � � ;�,"�, .ap; � $as,.e.,a� . �'.. � � � �� , ;�, ' x_ . :< � 7 �� a� �� , � . ._ ,$ , � ,. � � � Y f � 3 ..�., _..:: , t .� :: .xt .: <� —"`=�:ek--�,,.,p ' R f� r� �� y � e �� ^ z t �,o'^-�„�"' •,.,.- .-..�.-,€ ffi ;, `z a �"�^x �..... '� >..�� 3� ..�. � .^��:�.._ �' � � �:.. t�F n„ �,�-. .p�' .. "�,.�, m:: �'� 's Y.'� � ?" ,-� b .� Y.� .;e � ':� j` � 7't �,g""'° , ]� . � : � �, �� ` � � �"`� 3 t. �� `' � .'a��...� ., � �� Y ,g�$ . ..� �� ,�� 7 - }� �l � 4 � � _ l �� fi � ; i �s'-< � . ��+ �� 5 >. ,, � � � s; : �£i .{' �'�Sa��, '�'a' . +E �.' ,{ f a° ��..: �" :3 F � �p � 'E.* � ��.� .d . s�� F i ��,' _ . . � S� _ � � �� ;d = ,� � ��n� :�`� .,: t��, . �.�. : l -'�� ' �� ? � � � �� ? � �. � F-�„� F a� `v,l ;�.' � ; . I ' ..: . t..� ,,.Y ; : .,. .. � � � � �� ''# � � � 9t � q ya �, � a _`;, o��. � s� E 3�� Sx£ �: . . _: . ��. F ^� .t k �.. t � ' .. '� . l . ' '��. yj' �': �.'� .�u. . � �� p � $�� _: 'r. ..._ ,. �. �'? J ... J n _ _ 7 .; ,'- r . �;,; 3�: �x '- <; �a w ., -. � ��. � ,..,-; �3 Y1 � � § .. : �.� . .2 : � :.� 3 $-,. .b '. . ,- v� � , ; �; ' _. -.., � .., �� ri . , . r - �:+ , , .. � � _ � .. , d' f.,, � _ . ;. � �,� X'. � 3� f g - s �� z 3 � � . � � f .� `- y�... . � � � ,..' {- �� z.�. �' a .` r��.'„�� z� � � ; �� - .�� , „ �� ? � . � �.�� .. ,I .."' :+ ,' ' � : c , , �� ' � - ' -, :` ��a A �'.�,�s w`.� � � . � c, S :. ' .:. , � ,�, a :� ' -:� ,:� �� ti � t . ,. .; _ i , .; p �z t � � �� . . � <,_ . ., -.-.� ..� ;j ,: .f` ;�__ ,,,� ;`"; '� �� °`�p .#, '> S F ' >' � � - ,: . . .�.. - � P .� ..- p a._�� ,�, K � 7�-t �r�, y .:��,� .. � u � , : � _� ��: � - ' � 4 -� .:F .,,,. .. . -,-. 4 -. .�� „� F� � � � `.; , ��a ,��. ' , . , ,, ,, . , ��..3 .., . ' ., . ' � . , . . �. ,. ,.... ,.. � _. � - . . ..: ;, : a ;�� ' � 4 � f �` ., ..:.i. . ^ �� "..�� , . ," •9 y ^ .�, ` �.� . �.,� _ �, s... " �..:i / . . ,... <,a �� R _ � { ':._ ...;, , , ., '. .. ,,t� � v� ` � �., , .. - 3 � � � � i� � 9. s � � � �tr k � �} h } � d *� ��l : �" � �� S. S eY <� � 3 � � �Jm� � 5�� , � l: �: �. , � �� ,: ,� �. ' � � �� ; � � t ; , � �� _ � � � � � , � , � , : :� 3F � � � �� , � ,. . � . � � �� ; - � � � � � � . , �� .. v_ . _ ,. . ..: . .� � � e d .:�Y.2 .�L � � CITY OF CAPE GIRARDEAU,MISSOURI , Office of the City Man�ger Council Letter No. 148 Agenda June 18,2007 The Honoxable Mapar And Membexs of the�ity Council City of Cape Girardeau,Missouri Deat Mayor and Council Members: RE: Public Hearing on Amendment of the Zoning Ordinance to Reduce • the Memberslup of the Planning and Zoning Commission from Eleven Members to Nine At their meeting on May 9�',the Planning and Zoning Commission elected to � recommend to the Citp Council that the Commission be reduced from 11 to 9 members. This was discussed with the Council by the Chairman at your study session on May 215`. There is curxendy one vacancp on the Commission. The Commission's xecommendation is that the reduction be accomplished through attrition. The public notice of this hearing was published in the Southeast Missorian on June 15t. The staff recommends proceeding with the public hearing and the amendment Attached is an ordinance for consideration for fitst reading that would affect the amendment to Section 30-87 of the Zoning Ordinance. Resp tfiilly Submitted, Kent M.Bratton City Planner r Dougla.s K.Leslie City Manager . � BILL NO. 07-110 ORDINANCE NO. � AN ORDINANCE AMENDING SECTION 30-87 OF CHAPTER 30 OF THE CITY CODE REGARDING MEMBERSHIP ON THE PLANNING AND ZONING COMMISSION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1 . Section 30-87 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Created; composition; appointment; term and qualifications" , reading as follows : Section 30-87 . Created; composition; appointment; term and qualifications . (a) There is hereby created a planning and zoning commission which shall hereafter be referred to as "the commission. �� (b) The commission shall consist of eleven (11) � citizens, appointed and approved by the council . Except as otherwise provided in section 2-98, members of the planning and zoning commission shall serve for terms of four (4) years, beginning on the second day of November. All members ' terms shall be staggered so that three (3) members ' terms expire each year, but every fourth year only two (2) members ' terms shall expire . (c) The council may remove any citizen member for cause stated in writing and after public hearing. �� Y� � �� ;y,w � � �' _ „„� , ,L �� _ in its entirety, and a new Section 30-87, relating to "Created; composition; appointment; term and qualifications" , is hereby enacted in lieu, in words and figures, to read as follows : Section 30-87 . Created; composition; appointment; term and qualifications . (a) There is hereby created a planning and zoning commission which shall hereafter be referred to as � "the commission. " 1 (b) The commission shall consist of nine (9) citizens, appointed and approved by the council . Except as otherwise provided in section 2-98, members of the � planning and zoning commission shall serve for terms of four (4) years, beginning on the second day of November. All members' terms shall be staggered so that two (2) members ' terms expire each year, but every fourth year three (3) members ' terms shall expire. This commission was previously constituted with a regular membership of eleven (11) , and, on the effective date of this Article, ten (10) citizens currently remain and are serving four (4) year terms on the Planning and Zoning Commission until either November 1, 2008, or until one of the members whose term expires on November 1, 2008, leaves office . At that time, no appointment shall be made to fill that position, and the Commission shall remain with nine (9) members . (c) The council may remove any citizen member for cause stated in writing and after public hearing. Article 2 . If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid t , or unconstitutional by any court of competent jurisdiction, such �J 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 , 2007 . Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � 2 � CITY OF CAPE GIRARDEAU,NIISSOURI Office of the City Manager Council Letter No.1 Q 9 Agenda June 18,2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri Subject: Ordinance Amending Schednle C,Chapter 26,Section 121 by repealing Stop signs and an Ordinance Amending Schedule E,Chapter 26,Section 283 by Establishing a Four- Way Stop at the intersection of Peachtree Street and Fairlane Drive. Dear Mayor and Council Members: A request was made by the City Council to change the existing two way stop at the intersectian of Peach Tree Street and Fairlane Drive to a four way stop. The engineering department has reviewed the intersection and according to the Manual of Uniform Traffic Control Devises, this intersection does NOT warrant a four-way stop for accidents or traffic counts. However,for Council consideration is an ordinance amending Scheriule C,Chapter 26,Section 121 by repealing stop signs at the following locations: � 1. On Peach Tree Street at its intersection with Fairlane Drive northeast c , orner, facmg east. 2. On Peach Tree Street at its intersectian with Fairlane Drive,southwest corner,facing west. Also for Council consideration is an ordinance amending Schedule E, Chapter 26, Section 283 by establishing a four way stop at the following location: 1.On Peach Tree Street at its intersection with Fairlane Drive. Resp tfully submitted, —� J t�encel P.E. , City En ' eer �/�-,,` '�ii�'`�' Dou as K.Leslie City Manager � JS✓DKIJka BILL NO. 07-111 ORDINANCE NO. � AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY REPEALING STOP SIGNS AT PEACH TREE DRIVE AND FAIRLANE DRIVE, AND AMENDING SCHEDULE E OF SECTION 26-283 OF THE CITY CODE, BY ENACTING A FOUR.-WAY STOP AT PEACH TREE STREET AND FAIRLANE DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by repealing stop signs in the City of Cape Girardeau, Missouri, at the following locations : Peach Tree Street, at its intersection with Fairlane Drive, northeast corner, facing south � Peach Tree Street, at its intersection with Fairlane Drive, southwest corner, facing west ARTICLE 2 . Schedule E of Section 26-238 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by enacting a four-way stop in the City of Cape Girardeau, Missouri, at the following location: Peach Tree Street, at its intersection with Fairlane Drive AR.TICLE 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 Peachtree Street/Fairlane Drive Four Way Stop . �.eC� i = � R � 4 � R � et N �. � v �. �an o w Ja'�et �� s .`��° � a� � �outi� p � Q�y o Greenvva — � ° Jon uil � � Tulip o �cl�� Pro�c�sed Faur wa�Sfo� � � � � Peach 7ree V Ford Fairlane • � Ranchito . Ho er . � st�°dre F�'��`e � �a � 0 0 0 � o � N o � � � R �p � LL � O O � N � 5 � O o O p o � � � �' 7 C O O O � 0 � O O o � � � N LL � � � � o � 0 � o p O O N Q � V 7 � � C O p p � a � O � � � 3 U � � � U C -p O C 1� M 1 y,,, O C> >' o (D ch O _ � �, N 'O a � � C�O M O � N O O o- � �� o' o z c � yd a .� � N � M �� Q. (� � � O � J m E v a, ` •� o r ,r., a � � ° = n c� m G1 cp r� � � o cfl ri o � V cp M 0' V N l0 Q O N M s '- '� � � '� _ Y U � O 0 � w a p Z � V Z � � Q � � U � O �� o F- Z t¢i ti v, U � � r �n tn � o V � U a o � W U r�-. ° � m a N •� W W � C � U �p � _ � � �V O ``' E w � o o a � � Q N ~ W W w � �U � � � � � 2 = 0 Q � Q U (9 � o � Wa a � � � � J � � � U � tn � � U U o � CITY OF CAPE GIRAR.DEAU,II�TISSOURI Office of the City Mana,ger Council Letter No. 15 0 Agenda.June 18,2007 The Honorable Mayor And Members of the City Couneil City of Cape Girardeau,Missouri Dear l�ayor and Council Members: RE: Ordinance Approving the Record Plat for GM Building Condominiums T"his agenda item provides fot considexarion of the record plat of GM Buil.ding Condominiums. This condominium plat would esta,blish eight residential condominium units and two commercial condominium units within an existing building located at 20 Noxth Main,within a C-3,Central business Dishict The commercial units, the common � atea,and indoox parking spaces,are on the fitst floox. Storage units are on the mezzanine floor,and the eight converted apartments are on the second Iloor. According to the owners, the apa�rtments wexe constructed many peaxs ago by a previous owner. This subdivision plat was approved by the Planning and Zoning Commission at their meeting on June 13,2007,by a vote of 5 in favox,2 in opposition,and 1 abstain. There was no public comment regarding this request It is Yecommended that the City Council give fixst reading considexation to the attached ordinance approving the record plat for GM Building Condominiums. Respectfully Submitted, �� Kent M. Bratton City Planner � ��r�� Douglas K.Leslie City Manager � BILL NO. 07-117 ORDINANCE N0. � AN ORDINANCE APPROVING THE RECORD PLAT OF GM BUILDING CONDOMINIUMS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The record plat of GM Building Condominiums, being a part of the Northwest Quarter, Section 5, Township 30 North, Range 14 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Guy Tomasino and Renee' Tomasino, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated June 13, 2007, is hereby approved. ARTICLE 2 . The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri . ARTICLE 3 . This ordinance shall be in full force and effect ten days after its passage and approval . � PASSED AND APPROVED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � 9- r - �a a;� gi!i§.�pE a$� �'sa"s e°ai,. YY xk ; g�;g �r $Y �k ;A 3�¢�' '� ° ex �;� '� "s .4g j�% €[ „ . `.al�gef�.� i ^. i� -;$ ��_a�:� n: �!� 9� v �3�+^� '�i ip a ai e - e; '+,� : � .e•r �a n # x� 9 yj-E �'E� ; a:��' _�g .c ■. , g;r s: s-; v! Y �� : � v E��it��i �8E "^�E�B-p3��:° r 're r' is $� �^;Y�r y is L; � '; i� ��4i � � !: ��e� _°.!- 5��. 8 �$ h� !8 ai� • �` a i� g � ,°�!-� � e ia i . M¢-Y'a� , 6 � E�iPf � eE€ f} F �-� g . S �3 Y' 4 6��j r� 8��.g 3j 'E ey ri ��en ! j E � EaP a =i �x-'y A �j �� „ i r-� e�Aa c i•i i e :$� aF �-.�t �3 attf't' � � ; ;� a � i v.� � s. _ '��i i� � e96L�ey�� C: .a �t al e= I"1":a., E � a ;�-�-�x : ' .e°e9! ; 8Ds- - :-� pfi ig�5e a y,f c'! �r e e�� ' ;.�.C' ': =. ° i� w�-�� i� �� ":a i � p� 3g ' �6 FEa:� i "r 3.�icaz�[ �E a g � o ;x.a a ; i€�" o di � . o er- x: � O e��e a�s��if- �r s � �€''s�ciFf j �2� ��, e; �aei:�g " � a n_:�b -��' ee� �i � � �g=�y a� � b�' sls��g-i-4'aaSa ieg' ; �°' _�a== ra ; i!� _p 6-ii `� °�. ��;°0 e �ei � rf f i 9i �u 1�:[ r , ?: � i� W � • aW"yc 4� �i i LL � 5-��i g- : ��pF.�� "i� -¢�4Egs��S rag 3; B�e N� "�4 3` ' � �`° o :- N B B :d E �- y 1 e 9 „a-. i� a:�� i �� €a� -��y^�� °p ,tr,E fi�c f d B�� °c j� t_j � �� 8 :$c i5 "o i o- �a� , J o��R�° s�af €e gd a� n��s �gl��'�Fie �•i i�s ;9 Yg� �° ��a�$ 1 i��'�, ie �o r�,i �T go�t��Yti6��! � �� m `a�. ! ; �_i.-�f- "�. i a i o� •� i.e� i� oos��i °oP��i��f� �- � � ��r; 93 x¢ ''�•a»s" a 8 .�E�L�tgF6-t x�. �� ;� vA wz�iaep�a y- !� ,� w� `� "' - �� ! f ¢-£t x9�"s (e:E s gs �!' - :aq� ao Pg ■r�� :y ;9 ;�"i: '' N�e �_ N 'r � ! ;� Q ov3 ,.t ts��lFi!ibl= .--a aQiet¢aiES ■e� =3 ii es�6 oe4�isY3 =_x !v --�,. ,c o:,,._ !y or_a�#.n�i -. , � d O O F- d lL r- Z � W � � T X O -------...------ csaiav °o n M/iil 133i11S 2i31VM � � �. ... ., py� ' ... .... . ... . .. ,p Q. ■�.01.[t.pp f� 7 � � \ �"�"'�"�.'Pot.sn�x•apas,�"�".��"�-.\ " � ` � � � Yi'.5 � � - : _ „ - is Z ' ° ' �� a�_ ,,, � � � � O � _� � s$ o� � � �� ' ��r LL �i .�� °e � Z (�_: : �: S� �o. ��y y34 y �iW �6� .v1�u 1. �.�i: ��T !�$UI O � e z ag �� q F 3?g' g�R a9�Z o �� ;7� ��g }� 4 �o4E� V ; � ¢= r u: �� W � e z � Y �sg� � 's a=�� i � — -_ — — — ��g 7 g / ;�e N €� Z � s§ U' � :�z� ? � _ � ��,�a �w _ ,� :� ��.�� 3Z � ---�. ---- '- "� o� �� _ .�.,. � � �_ �.o..�.�. , , .. mZ Od �% �:�K= �, � w i _"�"-�"�'"'�.�'..w�� .,' Y i - "�_'�y.�"_,:°1'a i_nu.w. � � � �i —^�, �'--- - S _..__ � ' "'_')_. ___ 'I !�" R _- --�r ._. i.Mia,es� - --.. --_ laaa -- -. :: --_____. 15 NIVW :o '-C '__ _ _'_. "'_'"_..-.__ E"�II _ j Y- I "__ __.___ j __' ' - � � ' -�. ___"'"__'_.__' Z' ---- ---- ---- —. a ! I ----w-----------' -------•-------- ;-___=_��'--�.�,�9�� a � x �s �3 .� _'--Fe$--------------____ g -___=- _J!_- -_�� _ '�-,-- : � V � x ;� w �.x � � _.�`' l�-- , 'E x: q ( �iYS �.j _�"_ 'I �! a vi= E " ;. : �5 ac � 3g S-tt� �'# a t ''. I��_.-- � `_iv�.-.�.- _-- a Fw-s � ' S . �� ' '.�• *�t � :R R�•? 0�l3� � � I � � L' ( � =� -�- � � ?g g � g g x e x: 5 �� 4�. � ;: p i f� ��y! � � � y `'` HsT.ivat � 1- z s 7 s 7 9Y3 �x3 = -3 ° g� S " = � . ��------ i-- �r .--__� �r s m s s a.i r:x x ia • � 7F i�� ' °�$' ' � s = � nl 0 �. 67 .7 w $a � �x� . p " z$=�^ �v,� z°�..��°, 9i R S- C ' j 'Z � 2 e �e e �e�o e_� N 4 ^�t "� V w� C: kYXH � w��' r.. d �� 1 ,• _ {'I 0. . 3 � : : ; I i `--_ _ � : � a » x x�5 x'r °H pA LL Y �� g� � o:l�� °z� -- >ap .y, ap �q ,. .p, s a`a ,� ii s•� � �� ;—�- ._ I--'�1t �"._' s 8 8 8 8 � S4� �� ; �S �� Wi.� �Y36 z '^ o Z. � ,� _-_ �::-.. �._ -. �g • �Y: : � 5E~ YY�. o.y�e p., � n . . � o ,. . ., cn_ Y% . % �S tt 5 9= ��8 . _..' H' ' : �.� � _ . :� _ .. . . ..... . . `. Y 0$'s i� ' 1332115 2131VM �� - moa m�wvn ai..t�\ : e y_ � . w..s.�«.,.�. -,>.o.oAa.,� .u�u �� •¢ ,Q �2 � tL � O —� Z m ;s � � \ iit O O ; , F a .. � . e Z � , - W m �...��,�� .�ro��» _,�.�_��, .x��.�_�..�,.�,� _��aw, � � � �' X : � O " 1 I m �-- . J�i i�� 3 Y � � � �y S} � V � � Q. �6 �E 9 ` � ( 8 '— O '.3�......._.. � y� W � 3 �� (7 Y y X ��.�.�n�v.�.m.�.ma.a,.�.�.�«......�..+,t-.aa,,.�.�;�v_Q,.�. W� . 7 �.. .�.«.,,.µ�.. ,�.u.a.w.,...� :��wx.a....:,�.�...�.; � Y • _ =.e if'! : 3 : �_:� �ij ¢� g e � e �� ,. _ . � 79 4y� y'jq : . i . � . S q3 Z�� Y; � 36 0�� 6 S _� Z ��` • � � �_. — � � �� M �� O � .�� ,.��.�..�r�.:..�,_�,, � ��.�„�,.�,-�., ,.�. �� . � , � . .� �. i�7 qY : . � a$�� y3 y6 � � �� O �e Ba �Vf ��} � V " - �?� � . , > �n .�� „��_....,,.�,s..�,.�.��: ,»�.�n u . ,� m.�,.d -w ��...,V�: ��.�,�.�,ri....�,n,.;,.:� �� Vr�,n.ca.� � '�a� �Z ��E N � � � 0 3 Q� � N e� � S? ~ 5Y Z � Y; � �� r � �e � qe i�� 3 � �W m � a.y ;' `�z .,�.� .r•. .�:�k d ('�(9 ,�n � �� Z �� W V — -- � ~�r �� —.— � �W� . � 's F � �N� � � ��: � # � 3�� ' tl Y� . - =:g R r;� g Y �� S c: s; . ?�� __ R ' =�y � � gs�N Z�xw � � �ii`-"' Y W�: ii .u-� .E ��u:Et. m� � o�a ;g �y=$ �a.� s" � y V � 8 i$i WW�3 � �n � ? ' �§ . e z�i� w�o � ' � W-.. �� a � g �.u•o� �, ��.� :3g; � - _ � �:,.o_W `v�W ^ _ .��c ' .ui .ae S � . � ..�,w...� ��'� e .�,K,�...,»�..� ..,....�. �.� g uu � ..,.. �.K.x.- - ... .r� .....�� g Y ��,� r 1332115 NIVW ' � � � i � z � � � .� + S�� ' is i33ais aa.�vnn !"v :� 19 .a�n ��....� r2 � l Fg LL = Y � .0� � :� Z � p " � ;� � g � � :a ° ° .m•a 6:F ' ,. lL �33 a� � � Z M :s E W � � o~ E " t O u _ ;$ y I m � r J � O - ° � d � a, z % , W I s � / w5 1 � .u•u � : � $ �O;t t90;ti C90o:t � t � j x�x:� �a Z�s �Zls c�Z � 6 . � �. � �==� .u� 0~�� =t� : � S : z N�' N� yZ ' cn . � � � Zp G r�i'•s�u� F � � vaav wowwo� � ' �'� O �°� QM C t'J N '- I"' V t70 E£ t90 :p 'UO ;t t90:3 190:3 W Z o�Z 3� o�Z 3s o�2 3s c�2#� o�Z�� $s8� O NZ �� y~jZ �� NZ R� y~jZ� y~jZ�. R � ZN �4y�'�� 7 > > > x sgE} v _ _ � �z� `" � > .R ..e�� — --.r��-- � W �� aa� V � � Z ��f y ` p �� wJ � " � N �� c7 � � � �� i z � � � =oc m � � �w � � .y o� � � �� W W � �b� � � � sax a F gr�n �, YWY � � ��; C �:� F � � _ 9 : 46 / �� `+ �` :' :' h"Y �Yn � $ � �3e ' g��« ^ , �� ,.. � �j� �� q _�N.; a:ae s � 3��3= � �x g�� _a:3 � � a � �g$ : :Yu� � �� S .bx ��o � : � - ;=' W.� �x�.a � s � ` P ��o :3g� Q - � �:,.e_W `�r�� ^ - � J g �..x,�.,�,a .„:.._�-,.,.,�,,,�� ,,,,_.�.�..�«..,...:: ,.r.._. ,. ..,�,.��z, .. _._ ,—y,.-�...,�. , ...�,�,,.�,��. <;. _ a 133211S`N`IVW u� � °�Q'�+� i Z N ( gg ¢ S , B . __ __ . . � ; _ _ r �� .. :s �'s 13aais aalv% ?E � -- - .a.� s�x - - �`�' �:;O � LL � � m .�.� ^ � �� p � � $ $ Z3s , � a a Z,�F �OF � Z �n � W r �g� � �� X O »•: �•. � � O A P .wYc I a K Z � I � - .a•« W � J� � � �/I� Ol•�1 e 7C �/� .0 .ao•i � i i a�R.J '�1 .n•a: � � � � �' � ,N•K � � uf � .� Z � °�` R �' � R Z xs � � x Z�3 � � �r � � � �� O : O:= � Q ` Z�� F- � = x Z2=" � W ?s?�r O _ � a« p y �;�Z V � � .a�•« Q Z� .�`� S � Z�� b�2 Q�. � .�K � y z 53€� Z o 'x � � "� Qy Q`F p:e N - � � @fi Z,{S � Z 1; Z�S �aF �w � "v, a O as , � x ?€F o '' W W m � �-- � 3� ..o.. . o Z � � R N.'[ � W a� W W �/ � � r a�` � < : ' "�" ` „b � p ,.er�c �: �ry � � 4 �g� � � ze 4 S: �i �i BgqY :X. � 8 .o e. � Y ,� � n`— .n " $ � i'Yi� � cv R 2`s � 8J'� �b�' � 7� 3u � a`8 �#_ � :YB� �W�� . Z S3 Z�= �'� W- �' : � F-:p � � � �� Y:b � � ' � Z�� _ ��=o ��W � - �m.,o-� o - � � z: « ., i � � � L i; - 133a1S NIVW !y €,�.. �l� 5 2 y a Y m � �+ m g � - - �r/ ■ ■ � 4 - x �Y �". A ➢�� Y}s'��T ., i .c'' , �'°�� ' ��Y� g�. (� � �k � f ! l�fr£ � ^ � 6.� -2� �' ��i'�" �� #� � i�� .x>Nr�,, ��: u �$ �.�»4z+."� �6 a� 9� � , � � �� " e z v ��' �1M�j " :�`� •.E'� '�� ,� r�*a ,a�--r�*�,� t�litg f= ; �'�~ �`�� ...,r-�—�„��J.,m....A .. 1 .,,,», .,,.��.M::,,,r � �,..��;za T, � a�',� �,'s�s�.H�`��, � � � �i '� ,�'�. g � � �� `_�.»�.�,.,,m.,,,,,,d,,..._� �.,y.'*'`� � � "�•�. , � y ,� e $� �"`S� „ : . .." ^ > t-a ; : ' 3�.a-� �,z g 2 �� r � -�� -'�-�., ^.� �'.�'' �„,� � + a1 p�.y s; ��y'....n� � ff I +�� - E � E � # �� R r � fi�' �,� } �� („v � �i� ��£& 4J� � s�§m e�� fi.� �� ^~h � �E �{ 's f � ,. _ � � � �:, �� 4,� �� J � `� �� ' � �' � � 8 _ a � � ` �e ,.�� t { v�`s ti � `� � g ,�.«g�,�� '�t�' i� �� ,� � x"n o�� -�,� '� ��`t� � �. �'/�'J",EM£'£up k .».. i �� s_ { � 5�� x�� . " , a'3 �' „ �,�.�.,,��,'�'a rr7` �4 V .., � .' -�� $ � t4 .. ��,y« � g A'i ig : i& � a�'" � '� qr` ^�"� _ �� '�'v 4 .�'� g �� 6 a � �y��,� � � ��; . '� +�»�'� � �M�'` �� * y�� s- �: � , x d��'� :� �. � �� Y' �� c �� ,T '� _'Wr � � . �'��» `� � x �' � ^ ��..,, � `'��y. .�, � a�,xs � � . �� ..� � ,�,� �� 4.. e '�^':"^..�..,'�A»,e.w, '�� s c° p ��-� r �' � �� g,. ,. _ � ��'`� �a ,', � �k �°� � � � s _ti . � €� �:�� -rs � t;�Z �� +� rs � � ��,� � � .�na.a�a � ''� , _ : a��'�' an � � .� � &;"� � p� �,�' .,--. �_ , ' ` .�..,�s �� ;�-�' �^' ... .. �y� _ - '�� a'�.."."a' .,�,'�`�".,��fi*�.�,M, y' �� `��.,� '��„a � �`x � � � ffi . .�""'°'�.�.,»..a�,»� �5.�;�,� �: . '� °�:'� � . . �i� �.�� '' '�'i� ��'�i�rw �,t�_`- �`� �9, ��' ew- -•M,w» ! � ��„�� , �� .��. Pi � a ,."�,� _ .. S- + "�`�_'-"M1.�uw,.e.. e , � e ., �� . �� z'�S. 6`�F`�$ . . �r' � ' � _ wm.� � '�Rh� �� >^ ��i. ,� ' ��" .y . _ � � '^_....,,�*�-�...,....,,..,ms � � t e� �� % ry^,w "�- �, r "�' ��.b� � 9'�a*�,�, .. -� .,r.�. �. .. � � -.,....,,.Y�� •�,.�� `�3� � a t �s' �, � y," % �� Iz� �- � � �� ' r � z �� '�'�i = � " � s,�� f � � ''t - � .� � ,t � � ` � � }''. -i x sa . �„� . s ��e� �� .._ t ' . � �� 3; �n w ��'' ' �� -, .x ,. �. +S ;�„ gu� � �� F.� t '�`� �.7�� t , � i '�� `��$ '�.. �ss_ �n�, �.� ,�v��3 �i� i� '„`� � �' _,�,„�� i , � � ;�. �3�,�.^�� e / ::r� '�.. `� s"' '��« �: ' s n" � �q_ p � c� "" w. � .� 3 €�'i �£ � %r 3� �57 ,.� �'�� ` ' .f��'M m�i ��,�$ � . .. �' ` � �' � 3` .� iy, t � a { � °`0'&b 9k 4 �' � � ,� f . " � �, ,d 1 � �d'� �#+ } ry�y} �^ � q pj )� t „� �^ � �� "�!. � # �i � �,8 f e#�; 1 s,e �� d,��£ k :., � � i.zn.,� �""' �2 a � '�� ¢ �1 . _. _+�u - �� : a e �i •.°��,a?s�'„ �d� t� �„��'�`• w.' t.,...a.^ ,,�^^�a, �� 1 a 3 �.�• � -� � �� ta 3 :+�'�^ �,��'•�^ .;„: � �� . � "� .�' �� g �`.,At,��''� r w�n.r+�..��y�.�.�'.�� :"k� �5�� z�' �� xz, � w 3 � e .�! g. .. ""' -� . k� ¢, �` � ��see^+w+�.�.,,,,;,,,�ti,+�, �.� ; i y�'' � g -o „ ' � � < � ��y� v,.�� ;'`.�,`��" � .i � 4 #,L €^ � � �9 n''� �� '�m' . , � �s r �'�� k ` , � �," , . - �"sy . �� `� ; q�� { �, a �-� � z� � a � Y 3 ti , �.,,,6 �� ' � �; � � �.,��' r �� . ��. �� " �� t �' � � j � � < . . 8 y� �� t �'�� .�P,�� '�� i. '�a�s �a�k3, �a,� : � r � � � � 3� e � � ; �s� s'e�,� A�y �'. �' -a��, 4= �s �� 1:. 3�- i.:" ��t»� �S ^e � "a � a; y� �'�*` .� �� , �� 8,� '�'s� � t�.',��qj;�`��' e s� ?� ' . 1 ,� • +�, � � ,�,��° ��.s. � � �- ,� � ��i �� , 3a,� �, ` �r_ s�� 1 .'.� � R»; �"+F�� 2,t p��wr�tar��_� 1 k q�� J� §�y { . �� >�,� `^�m;.� :.�� ¢ ,��a� �rr r -�� , � � �� '�� . � RF �.��.. � � .�� ,�;�},�. �b��"" ��,y 3"� � ' � a r ��, ..� � �� x�� i �'�, ��^� � �'< '��r; � ��,/� �y°r 1 ;€�r,.+W�"��. �3 +.> �' � x� �. 3�, �+�':,� c,.: � t� � � +� � . � >g �c �� > �.3; a � 1 �'^�� Ay.� d• ,y�`,F� � � �h��4' � � � � �� .�'� � � ��.�� ; �� *��.� 1 : �{ � � �. , �� ,s��,��' �,; `�"�� r� � �t �. a � �� `�r�"��: � ��, [�'; '� +� �p � r `�a-� " s � x ��A� 3, s �k,,' n°��"„��p,,�1`''��`t. a °�` � 7;,� ii g ,d� �P �� ,et �� '�.a � �l§ j ��?< '� �� (� �� .� �� _' §� � r� ¢ ' � h�� u� �� ',�a'» i k � 8�a. � � �g.� �a�` °� �5�a . ��x x �;e� �S '� .�,��• s � .��u Y y`�N �. a��,3m $.'��'� 1�L :�7' �' .�� n �� . ��'''�� , f� ��'� % �A'�`�s ?�� 3'�� ,' ��.��' .,� ��„�i.��' �.�,� � ;� � ., . ��"e � pc ..,. ' �'' �. �, -� : sc, ;�.�i - .. ... _ , . . - . : � >. � ,,,. �� '�. ' ��.' �. � � a �' � i - �"� : ��.�s'�� '�, �.s� �� fi�-�:. ..:.- ' .., . *t =v .; �� z ��.„ �� aa r � ' � 3 ��: . a ��'� �' .. .- t-� F • � � � � r ; , e� �r� . t , � : �� _ _ �; � ; ! = � � k � �-� , „��a <�, ,_. � ;. � � � H " _� �,� ; m � �_... � �, �� .��. J . ��. ,�a �� a � . m, 6 �j. :'�� ,-. �' �. �� . ir. g , s..3 ,. � `,- , � ,'_ i . . , '� � a� .- . � � �� . � ,� � ' `�. .�� a Z -Y� : � `� t . � � y� � � , �` ;� . � � � � �° � � , � � - � � . � � �� . � � , � ,�� u � �' �_ �� ,: �2<�'^ ~� �e3 Z� �� j .i�� .��i r'' ', �� K � :'� � —. �� } „ � -r 4� v__ . ._ �.: d&,�r �n �� -e �.M�� _ . m. � � � ti%d�,��,.. � � � 4 N� '^y ,��. [..& � � �� 3 �� {... •..:..: .} ��ii� � � g � �1 �� .� � � > .:� � :�".. ,�' C.�F` r+'�m' � �� ;; c y:: ..�. . '3. . -��. � e N,.�. �, •• � . � 1� �� ,y. "'� ._u... �� .f:a � $ ASSC � �.a^r "ay .� �r �,-� ; � �: � �� - � � � � � ��,�"� ,.; � � � � ' �' � '� � � .� � _; � � � � �E ,.�, ,. � � � � � => �� 3 �. ., '� . .'�8 � Y �� .: t: , . � �� .��.: ,� ,. - : ,r.• .- , ;y -,. . � . y ; , .r .. ., , ��;, , ,�7 - � 3." h � :s � _' � . � _ ' -'�� ''�� : � _ : •4 � �. ' ,.. •. �� :'�. _ -- . , .L ' ,:� _ � '� .';'r�r^ $ # � r , _ �� c � � : � �. � . � . a. . . � � � _ r �x : r � ., g ,�p-. , ��- � c s�n = r r � � � �, � .� �� . �'�` �o`�x c 1� �� ' ': �r. � : �� w � „ �.cy F. � , ' _ ' : c-� �''� - . z . �.. :�t2 r��O � � � � m � '�''�4 � �� '� Y,a �" � �.�� . � � � � : � �� . �� E �- � � � .. � ; � a ��e � x� �. � �� '��F s-v' �� -�rs� c� �`.r-r�� 1�� .: ; fi`�'.� c � � ,. "a t .. z ��s � � i § �� v �..��e :� .. � � '2 r�� r :� � �z '� - A �� s a � ��, . .. � �.� �: � #� � � � � � �� a �' � 's� � ;�� x� � � z � - �� '� �� ''�� } � E �� ..,, : , �s�� ;h x � � � �' �� - ' �" �` � �` � � ; � ��: a� � �� 3� � � �r� � �� ..- �t-+`( . 1 ,�, ...� t� . \ ``� �:, x ' �. �,� ' : t,.c^� a- � . � ; . ; ��e . i °� �, -y &� 'u � �,�3 '�...5; � �•:,�. .�. k:�' 'O}' P"/ ��`y?.: � .., ,:$ L� ,�^� �... � E,, .` ::.. ..:: ',� ',�..�� ,,;; �.r` '_'k � k� � . . � ». „�:.' ' � , a �� I��- � T � �� •� �� +�, q � ��,.� �� h 3 � � � F�' � ��.. ;� : ' '��; . � �.,_% ; '. '3,` £ "a" ,r„ , �'�7� aT'� Ep �"X A : ; �' �'. p�' �,, _ '� .;. y' . � ..;,� '�.� 4 F.4 '�i. � r �� . J t c , ��. °�� . �f �� H Y � r k �� P a �,. � :v� � �� d g � �� . ��; . ., ,,.., .. , � <. :� , ., .' , ,. . , �_ �:� �.. �,: `"� . ... ,.,..� ^. "��. £ � i �+ m ;� � � �. _� � ��a� �� ; ' s�: � � �+ "` .' �,a �� ,� ',. > , ,. ,:.a f.:'; >..:, �" e��; ., �':;_'� �i;...:-; , m .. . - . � ,� � �- :. F�>:. ,� ...,wf�..�., �„�a`:@:. S a��' .,�.d.✓.�.Q.�.�`,,.h��crt�':r�� .�.�'.o.+.*.�.x� .a....45err �,-c � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 151 June 18, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Authorizing Special Tax Biiis This Council agenda item calls for the issuance of Special Tax Bills for costs incurred In demolishing condemned structures under the provisions of Chapter 7,Article VII, of the Code of Ordinances. Four (4) structures havE been demolished under these provisions at the following location � and for the following costs: 421 South Pac�c Street $7,975:00 402 North Street $3,500.00 933 North Middle Street $3,585.00 102/104 North Ellis Street $21,395.00 These structures have been demolished according to ordinance and the properties have been brought into compliance. It is recommended that the City Council approve the attached ordinance authorizing the issuance of Special Tax Bills to cover the costs of demolishing these structures. Res ectfully subm' ed, Kent Bratton City Planner � �Douglas K. Leslie City Manager KMB/DKL: ssw � BILL NO. 07-118 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIR.ARDEAU WHEREAS, the Building Supervisor of the City of Cape Girardeau, Missouri, issued Orders causing certain dangerous Buildings to be demolished; and WHEREAS, the City of Cape Girardeau did cause said buildings to be demolished in accordance with the Orders thereby incurring certain expenses; and WHEREAS, the Building Supervisor authorized the issuance of certain tax bills; NOW, THEREFORE, BE IT OR.DAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.AR.DEAU, MISSOURI, AS FOLLOWS: � ARTICLE 1. There is hereby levied, and the City Clerk is hereby authorized and ordered to place on file Special Tax Bills issued in accordance with the Orders of the Building Supervisor which shall be a lien against the following described property in accordance with law, in the following amounts, until paid or collected by the City of Cape Girardeau, Missouri: $21, 395 . 00 - 102-104 North Ellis St. Part of Lot Twenty- six (26) in Range D, City of Cape Girardeau, Missouri $4, 150. 00 - 933 N. Middle St. NE Part of Lot 115, Range Q, Ingram' s Addition, City of Cape Girardeau, Missouri $3, 500 . 00 - 402 North Street. A tract of land situated on Lot 1 and Part of Lot 2, Filburn Addition, City of Cape Girardeau, Missouri $7, 975 . 00 - 421 South Pacific Street. Lot 21, Yount, Ellis & Popp Subdivision AR.TICLE 2 . Said Tax Bills shall bear an interest rate of eight per cent (8�) per annum. � 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 � � Hgenaa ttem No. 15 � CITY OF CAPE GIRADEAU Office of the City Manager Council Letter No.167 Agenda June 18, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Supplemental Appropriation Correction In you Council packet was an ordinance appropriating additional expenses for the fiscal year ending June 30, 2007 . There were a few errors in that ordinance. Attached is a corr�cted copy with the changes highlighted. The changes were: � 4th paragraph page 2 - Public Safety Trust Fund to Health Fund 8tn paragraph page 2 - $12, 900. 00 to $14, 700 2nd Paragraph article 2 page 3 - �iealth Fund to Airport Fund 18t paragraph page 4 - Pubic safety included a public works appropriation in error. Corrected amount in paragraph 1 and added �paragraph 2 We are sorry for any confusion this may have caused. Respectfully submitted, �� John R. Richbourg Finance Director /� Ga� Douglas K. Leslie � City Manager � CITY OF .CAPE GIRADEFiU Office of the City Manager Council Letter No. 152 Agenda June 18, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Appropriatinq Funds for Operating Expenditures, Debt Sernice Paymeats, Capital Expenditure, and Traasfers in the City of Cape Girardeau, Missouri The attached appropriation ordinance covers expenditures incurred in the fiscal year ending June 30, 2007 that were not included in that year' s original adopted budget. Although Council approved a majority of the expenditures during the current or `� previous fiscal years, appropriations were not made to the fiscal year ending June 30, 2007 adopted budget. Some of the � expenditures included in this ordinance were for expenditures appropriated in previous years' budgets but not encumbered or incurred untiT this year. Since appropriations expire at the end of each fiscal year, portions encumbered or incurred this year should be reappropriated. Article 1 of the attached ordinance appropriates the following operating expenditures: General Fund Departments totaling $334, 550 - This appropriation covers increased developmental service, parks and recreation, public safety, public works, and administrative services operating expenses. $65,250- of these expenses is covered by sources of revenue not included in the original budget (donation and grants) . The Airport, Parks and Recreation, Golf, and Softball Complex totaling $236, 050, $52, 800, $1, 700, and $18, 500 respectively _The increased costs in these funds that are not covered by revenues in their respective funds are covered by additional operating transfers included in Article 4 of this ordinance. Additional operating transfers from the General Fund total $81, 500 in Article 4. � Additional operating expense appropriations included in this � Article with the exception of the Employee Benefits Fund are either covered by additional current year revenue or unencumbered fund balances in their respective funds. Article 2 of the attached ordinance appropriates additional debt service payments totaling $399, 975. The additional debt service payments of the Capital Sales Tax - Water Improvements and Sewer funds of $51, 000 and $297, 040 respectively result from additional debt service on SRF State Revolving Fund bonds. The interest subsidy on State Revolving. Fund bonds does not begin until all bond proceeds are disbursed. The adopted budget assumed all of the proceeds were disbursed and that there would be a greater interest subsidy than there will actually be. Interest earnings from the undisbursed bond proceeds will cover the additional debt service costs. The remaining additional appropriation result from $18,200 of additional interfund interest costs result'ing mainly from higher interest rates and $33, 775 of debt service costs on the 2006 promissory note not included in the adopted budget. Article 3 of the attached ordinance appropriates the following capital expenditures: General Fund Degartments totaling $306, 725 - This � appropriation covers public safety capital expenditures which are funded by sources of� revenue not included in the original budget (donation and grants) . . The Airport and Softball Complex funds totaling $182, 500 and - $6, 000 respectively - The increased costs in the Airport Fund are for grant funded projects. An additional $6, 000 transfer from the General Fund is included in Article 4 for the Softball Complex purchase. The remaining appropriations in this Article total $2, 828, 050. All of the projects were funded from sources of revenue or fund balances �pecifically held for their purpose. Council has previously. acted by authorizing contracts on the vast majority of these costs. Article 4 of the attached ordinance authorizes additional transfers between funds. $146, 115 of the additional transfers are from the general fund to other funds. These transfers were funded out the current year' s excess revenues. The remaining transfers totaling $77, 500 resulted from the transfer of excess revenues or unused fund balances .between funds. _ � Article 5 of the attached ordinanceotransfers appropriations � between General Fund divisions and does not resul�t in a net increase in total appropriations. Staff recommends passage of this ordinance. Respectfully submitted, �I�� John R. Richbourg Finance Director �� Douglas K. Leslie City Manager � � � BILL N0. 07-119 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITUR.ES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES, AND TR.ANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2007, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2007, for the operating expenditures of the departments specified, in the following amounts : Development Service (General �.ind) - Eighty-five Thousand Dollars ($85, 000 . 00) for the comprehensive plan. Parks and Recreation (General Fund) - Fifty Thousand Three Hundred Dollars ($50, 300 . 00) for personnel costs, -� utilities, fuel, ball field maintenance, and relocation of Channel 5 equipment. Public Safety (General Fund) - One Hundred Sixty-four Thousand Seven Hundred Fifty Dollars ($164, 750 . 00) for personnel costs and grant and donation funded operating expenses. Administrative (General Fund) - Eleven Thousand Five Hundred Dollars ($11, 500. 00) for legal services provided in connection with telecommunications fees . Public Works (General Fund) - Thirteen Thousand Dollars ($13 , 000 . 00) for street repairs . Administrative (Convention and Visitors Fund) - One Hundred Forty-seven Thousand Five Hundred Dollars ($147, 500 . 00) for River Campus project. Administrative (Airport Fund) - Two Hundred Thirty-six Thousand Fifty Dollars ($236, 050 . 00) for operating expenditures for special events, resale fuel, building repairs, personnel costs and engineering costs at the � Cape Girardeau Regional Airport. Parks and Recreation (Parks and Recreation Etiind) - Fifty- two Thousand Eight Hundred Dollars ($52, 800 . 00) for � personnel costs, heater repairs and utility costs at the Arena Building, carpet replacement and equipment rental at the Osage Centre, utility costs at Central pool, chemical costs at both pools, and recreation special events costs. Parks and Recreation (Golf Fund) - One Thousand Seven Hundred Dollars ($1, 700 . 00) for unemployment costs . Development Service (Housing Development Grant Fund) - Fifty Thousand Dollars ($50, 000.00) for the housing rehab program. Public Safety (� : Fund) - Fifteen Thousand Dollars ($15, 000 . 00) for building demolition costs . Development Service (Capital Improvement Sales Tax Fund - Water Projects) - Thirty-three Thousand Dollars ($33, 000 . 00) for economic development payments . Develogment Service (Capital Improvement Sales Tax Etiind - Sewer Projects) - Thirty-three Thousand Dollars ($33, 000 . 00) for economic development payments . � Development Service (Transportation Sales Tax Trust Etiind III) - Sixty-six Thousand Dollars ($66, 000 . 00) for economic development payments . Public Safety (Public Safety Trust Fund) - � ,, r_ .. �� , „ �;,. �r �. , , ,. � for small �. .�, equipment and supplies expense Parks and Recreation (Softball Complex E�ind) - Eighteen Thousand Five Hundred Dollars ($18, 500 . 00) to cover personnel costs, fleet maintenance costs, field maintenance costs, and utility expense. Public Works (Sewer Fund) - One Hundred Thirty-three Thousand Four Hundred Twenty Dollars ($133, 420 . 00) to cover I/I costs, fleet maintenance cost, personnel cost and engineering costs. Public Works (Solid Waste Fund) - Two Hundred Five Thousand Dollars ($205, 000 . 00) to cover disposal, fleet maintenance, and utility costs . 2 � � Internal Service (Fleet Maintenance Fund) - Three Thousand Dollars ($3, 000. 00) to cover employee health costs. Internal Service (Employee Benefits Fund) - Three Hundred Sixty-three Thousand Dollars ($363, 000. 00) for additional estimated claims. ARTICLE 2. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2007, for additional debt services expenditures of the departments specified, in the following amounts : Debt Service (General Fund) - Fourteen Thousand Five Hundred Dollars ($14, 500. 00) to cover payments on 2006 promissory notes to make public works site improvements. Debt Service (T �< Fund) - Three Thousand Dollars 1tY�.;d ' ($3, 000 . 00) to cover interfund interest. Debt Service (Capital Improvement Sales Tax Fund -Water � Projects E�.ind) - Fifty-one Thousand Dollars ($51, 000 . 00) to cover additional debt service costs relating to state revolving loan fund bonds . Public Works (Sewer Fund) - Two Hundred Ninety-seven Thousand Dollars ($297, 000. 00) to cover additional debt service costs relating to state revolving loan fund bonds. Public Works (Solid Waste Fundj - Twenty-three Thousand Seven Hundred Fifty Dollars ($23, 750. 00) to cover payments on 2006 promissory notes to make public works site improvements and interfund interest. Debt Service (Softball Complex Etiind) - Three Thousand Two Hundred Dollars ($3, 200 . 00) to cover interfund interest. Internal Service (Fleet Maintenance E�nd) -Seven Thousand Five Hundred Twenty-five Dollars ($7, 525 . 00) to cover payments on 2006 promissory notes to make public works site improvements . ARTICLE 3. The citY councii of the city of Cape Girardeau, Missouri, hereby appropriates from the � 3 unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2007, for additional +� capital expenditures of the departments specified, in the following amounts: ,.,� 3P,i . ��. .>. Public Safety (General Fund) - Two Thousand Seven Hundred Twenty-five Dollars ($� I , 725 .00) for equipment purchases funded by unprojected grants and donations. �� Administrative (Airport Fund) - One Hundred Eighty-two Thousand Five Hundred Dollars ($182, 500.00) to cover cost of various grant funded projects at the airport. Parks and Recreation (Softball Complex Fund) - Six Thousand Dollars ($6, 000 .00) for used pickup truck. Public Works (Sewer Fund) - Six Hundred Fifteen Thousand Five Hundred Dollars ($615, 500 . 00) to cover costs of sludge thickener replacement, Middle / Merriwether Sewer Rehab, Bloomfield Road Sewer Upgrade, and White Oaks � Sewer extension. Public Works (Solid Waste F�nd) - Eighty-three Thousand Seven Hundred Fifty Dollars ($83, 750 . 00) to cover additional equipment and building costs . Internal Service (Equipment Replacement Fund) - Eleven Thousand Dollars ($11, 000. 00) for additional equipment costs . Public Safety (Public Safety Trust Fund) - Four Hundred Five Thousand Seven Hundred Fifty Dollars ($405, 750 . 00) to cover additional costs of buildings and equipment. Capital Projects (Motor Fuel Tax Fund) - Five Hundred Sixteen Thousand Dollars ($516, 000 . 00) for Mississippi Bridge Overlook and Main Street Parking Lot. Capital Projects (Capital Improvement Sales Tax Fund - Stormwater Projects Fund) - Two Hundred Fifty-one Thousand Dollars ($251, 000 . 00) for various stormwater projects including Whitener and Silver Springs and Aquamsi projects . � 4 � Capital Projects (Transportation Sales Tax Trust Fund) - Three Hundred Ninety Thousand Dollars ($390, 000 . 00) for Broadway / Clark Intersection. Capital Projects (General Capital Improvement Fund) - Forty-six Thousand Five Hundred Fifty Dollars ($46,550. 00) for powntown Cape historic lighting project. Capital Projects (Street Improveaient �,ind) - Eighty-three Thousand Five Hundred Dollars ($83, 500 . 00) for Linden Street Project. Capital Projects (Parks Improvement Fund) - Eighty Thousand Dollars ($80, 000 . 00) for design of North Park and Riverwalk Trail Projects. Capital Projects (Cou�nunity Development Block Grant Etiand) - One Hundred Forty-five Thousand Dollars ($145, 000 . 00) for the housing rehab program. Capital Projects (STP-U Fund) - Two Hundred Thousand Dollars ($200, 000 . 00) for Technology Park Drive design work. � .;. ARTICLE 4. The �ity council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2007, for additional transfer between funds, in the following amounts: General Fund to Airport - Thirty Thousand Dollars ($30, 000. 00) to cover projected operating shortfall . General Fund to Parks and Recreation - Fifteen Thousand Dollars ($15, 000 . 00) to cover projected operating shortfall . General E�ind to Golf - Twenty-seven Thousand Five Hundred Dollars ($27, 500 . 00) to cover projected operating shortfall. General Fund to Softball Complex - Fifteen Thousand Dollars ($15, 000 . 00) to cover projected operating shortfall . � 5 General Fund to Public Safety Trust Fund - Fifteen Thousand Dollars ($15, 000 .00) to transfer additional � revenues. Fire Sales Tax Fund to General Fund - Fifteen Thousand Dollars ($15, 000 . 00) to transfer additional revenues . General Ftiind to Equipment Replacement Fund - Twenty-eight Thousand Six Hundred Fifteen Dollars ($28, 615 . 00) to transfer revenues of the City auction. Public Safety Trust Fund to General Etiind - Seven Thousand Five Hundred Dollars ($7, 500. 00) to transfer additional revenues. General Fund to Housing Development Grant Fund - Fifteen Thousand Dollars ($15, 000 . 00) for support of the housing rehab program. STP-U Fund to Street Improvements Fund - Fifty-five Thousand Dollars ($55, 000 . 00) transfer of unused and uncommitted excess funds . ARTICLE 5. The City Council of the City of Cape Girardeau, Missouri, hereby authorizes the transfer of appropriation from � Developmental Services (General Fund) Personnel to Administrative Fund (General Fund) Personnel in the amount of Sixty-four Thousand Dollars ($64, 000 . 00) ; and transfer of appropriation from Public Safety (General Fund) Fleet Maintenance to Public Works (General Fund) Fleet Maintenance in the amount of Sixteen Thousand Five Hundred Dollars ($16, 500 . 00) for the fiscal year ending June 30, 2007 . ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 2007 . Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad City Clerk � 6 � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 165 Aqenda June 18, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau Dear Mayor and Council Members: RE: ORDINANCE AUTHORIZIING THE CITY OF CAPE GIRARDEAU TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GREATE�t MISSOURI BUILDERS, INC. , AND TSE COUNTY OF CAPE GIRARDEAU, MISSOURI, FOR THE TOWN PLAZA REDEVELOPMENT PROJECT Over the past several months, the City Council has approved Ordinances for the establishment af a Community Improvement District and a Chapter 353 Redevelopment Area for the Town Plaza Redevelopment Project. The final measure which needs to be � approved to complete this transaction is a Development Agreement setting out the terms of the CID and 353 incentives, along with the terms of the sales tax reimbursement arrangement for the balance of the redevelopment costs. At its meeting on April 2, 2007, the City Council adopted a Resolution of Intent to enter into such a Development Agreement in accordance with the Term Sheet setting forth the details of that arrangement. As you recall from previous meetings, the Town Plaza Redevelopment Project involves the conversion of the former Sears facility at South Kingshighway and William Streets into a 40, 000 square-foot call center for National Asset Recover Services, also known as NAR.S, and an additional 25, 000 square feet of retail space. The NARS facility will generate approximately 350 to 500 new jobs for our community and is expected to result in a significant increase in annual revenue for the City. TYie Redevelopment Project will also involve the construction of various improvements, such as fa�ade improvements, parking facilities, roof reconstruction, and HVAC as required to convert the former Sears facility from a single- use retail space to the NARS call center and additional retail. Greater Missouri Builders, Inc. , the proposed developer for � this project, has requested assistance from the City as follows: (a) a community improvement district sales tax in an amount not Hon. Mayor & City Council Agenda June 18, 2007 Page 2 to exceed one percent, pursuant to Sections 67 . 1401 to 67.1571 � of the Revised Statutes of Missouri, as amended, (b) real property tax abatement on new and existing improvements pursuant to Chapter 353 of the Revised Statutes of Missouri, as amended, and (c) reimbursement of a portion of the municipal and county sales tax revenues generated by the project in an aggregate amount not to exceed $1.2 million. The monies contributed to the project would fund necessar�r improvements in an amount not to exceed 53 . 6 million. City Staff and the developer have now completed work on the Development Agreement pursuant to the terms of the Resolution of Intent, and a copy of that proposed Development Agreement is attached hereto for your reference. Accordingly, an Ordinance formally approving this Development Agreement is on your Agenda this evening for first reading approval. Respectfully submitted, � �1G �,��r� �� W. Er'c Cunningham � Cit Att ey c�z�,�,, � John R. Richbourg Finance Director . �< Douglas K. Leslie City Manager JRR/WEC/DKL/111 � 2 � BILL NO. 07-107 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH GREATER MISSOURI BUILDERS, INC., AND THE COUNTY OF CAPE GIRARDEAU, MISSOURI; AND CONTAINING A SEVERABILITY CLAUSE, FOR THE TOWN PLAZA REDEVELOPMENT PROJECT WHEREAS, on April 2, 2007, in response to a development proposal from Greater Missouri Builders, Inc. (the "Developer") and following duly noticed public hearings held on Mazch 5, 2007, the City Council of the City of Cape Girardeau, Missouri (the "City") adopted (a) Ordinance No. 3802 finding certain property located at Kingshighway and William Streets (the "353 Project Area") to be a"blighted area" pursuant to Chapter 353 of the Revised Statutes of Missouri, as amended ("Chapter 353"); (b) Ordinance No. 3803 approving a development plan (the "Development Plan") for the development of the 353 Project Area; and (c) Ordinance No. 3804 establishing the Town Plaza Community Improvement District (the "District") and authorizing certain activities within the boundaries thereof(the "CID Project Area"); and WHEREAS, the City adopted a resolution of intent setting forth the terms and conditions � pertaining to the development and financing of the 353 Project Area and CID Project Area; and WHEREAS, the City now desires to enter into a development agreement with the Developer memorializing the terms and conditions set forth in the resolution of intent. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI AS FOLLOWS: Section 1. The City Council hereby ratifies and affirms that the Development Plan adopted by Ordinance No. 3803 and the establishment of the District pursuant to Ordinance No. 3804 aze necessary for the preservation of the public peace, property, health, safety, morals and welfare of the community. Section 2. The City Council hereby finds, determines and declares that there exists a necessity for granting tax abatement to the Developer in such amounts and for such term as are set forth in the Development Agreement between the City and the Developer, its successors and assigns, attached hereto as Exhibit A and incorporated herein by reference (the "Development Agreement"), and that the granting of such tax abatement is in the public interest and serves the public purposes expressed in Chapter 353. Section 3. The City Manager of the City shall be and is hereby authorized and directed to enter into the Development Agreement in form substantially similar to Exhibit A attached hereto. In the event of any conflicts or differences between the provisions of the � Development Plan, the CID Petition and the Development Agreement executed by the City Manager, the Development Agreement shall govern and said Development Plan and CID Petition shall be deemed to be amended accordingly. r1`,,,,�' Section 4. The sections of this ordinance shall be severable. In the event any section of this ordinance is found by a court of competent jurisdiction to be invalid, the remaining sections of this ordinance are valid, unless the court finds the valid sections of this ordinance are so essentially and inseparably connected with, and so dependent upon, the void sections, that it cannot be presumed that the City Council would have enacted the valid sections without the void ones; or unless the court finds that the valid sections, standing alone, are incomplete and are incapable of being executed in accordance with the legislative intent. If any part of this ordinance regarding the rights of Developer are found invalid or unconstitutional, Developer shall thereafter at its election have the right to be released from the Development Agreement herein contained. Section 5. This ordinance shall take effect and be in full force 10 days after its passage by the City Council. PASSED by the City Council of the City of Cape Girardeau Missouri, this day of , 2007. Jay Knudtson, Mayor (Seal) , j �li�l� ATTEST: Gayle L. Conrad City Clerk � Page 2 � DEVELOPMENT AGREEMENT by and among the CITY OF CAPE GIRARDEAU,MISSOURI, CAPE GIIZARDEAU COUNTY,MISSOURI, and GREATER MISSOURI BUILDERS,INC. � dated as of [ l,2007 TOWN PLAZA REDEVELOPMENT PROJECT � Version 7 dated 06/14/07 � DEVELOPMENT AGREEMENT by and among the CITY OF CAPE GIItARDEAU,MISSOURI, CAPE GIRARDEAU COUNTY,MISSOURI, and � GREATER MISSOURI BUII,DERS,INC. dated as of ( 1,2007 TOWN PLAZA REDEVELOPMENT PROJECT � Version 8 dated 06/28/07 TABLE OF CONTENTS Pa� � Article I. DEFINITIONS 1.1 Definitions............................................................................................................................2 Article II. ACCEPTANCE OF PROPOSAL 2.1 Developer Designation.........................................................................................................5 2.2 Developer to Advance Costs................................................................................................5 Article III. ACQUISITION OF PROPERTY; SCHEDULE; AND CONSTRUCTION OF REDEVELOPMENT PROJECT 3.1 Acquisition of Property by Negotiation...............................................................................5 3.2 Condemnation......................................................................................................................5 3.3 Relocation.............................................................................................................................5 3.4 Developer to Construct the Work.........................................................................................5 3.5 Governmental Approvals.....................................................................................................5 3.6 Construction Plans; Changes................................................................................................5 3.7 Certificate of Substantial Completion..................................................................................5 3.8 Community Improvement District.......................................................................................5 3.9 Pledge of CID Revenues � ......................................................................................................5 3.10 Performance Bond................................................................................................................5 Article IV. REIMBURSEMENT OF DEVELOPER COSTS 4.1 District's and City's Obligations to Reixnburse Developer..................................................5 4.2 Reimbursements Limited to Reimbursable Project Costs;Developer's Right to Substitute..............................................................................................................................5 4.3 District's Obligations Limited to Special Trust Fund and Obligation Proceeds..................5 4.4 Collection of CID Sales Tax................................................................................................5 4.5 Segregation and Investment of CID Revenues.....................................................................S 4.6 Use of CID Revenues...........................................................................................................5 4.7 Repeal of the CID Revenues................................................................................................5 Article V. OBLIGATIONS 5.1 Payment Term and Interest Rate of Municipal Contribution...............................................5 5.2 Disbursement of Municipal Contribution.............................................................................5 5.3 Annual Appropriation of Municipal Contribution...............................................................5 5.4 CID Notes.............................................................................................................................5 5.5 CID Bonds............................................................................................................................5 5.6 Pledge of CID Revenues......................................................................................................5 � 5.7 Aiuival Accounting of Municipal Contribution and Tax Savings........................................5 � 5.8 Covenant to Appropriate CID Sales T�............................... ...............................................5 5.9 Repayrnent of the Obligations..............................................................................................5 5.10 No Issuance of Other Obligations........................................................................................5 5.11 Cooperation in the Issuance of the Obligations....................................................................5 Article VI. SPECIAL TRUST FUND; COLLECTION AND USE OF CID REVENUES AND MiJNICIPAL CONTRIBUTION 6.1 Creation of Special Trust Fund............................................................................................5 6.2 Establishment of Base for Municipal Contribution..............................................................S 63 Cooperation in Deternuning CID Revenues.........................................................................5 6.4 Obligation to Report CID Revenues.....................................................................................5 Article VII. TAX ABATEMENT 7.1 Tax Abatement.....................................................................................................................5 7.2 Abatement Contingent Upon Compliance with Redevelopment Plan.................................5 7.3 Expiration.............................................................................................................................5 7.4 Earnings Limitation on Redevelopment Project...................................................................5 7.5 Financial and Annual Reports..............................................................................................5 7.6 Accounting Practices............................................................................................................5 Article VIII. � GENERAI.PROVISIONS 8.1 Developer's Right of Termination.......................................................................................5 8.2 City's Right of Ternunation.................................................................................................5 8.3 Successors and Assigns........................................................................................................5 8.4 Remedies..............................................................................................................................5 8.5 Force Majeure......................................................................................................................5 8.6 Notices..................................................................................................................................5 8.7 Damage or Destruction of Redevelopment Proj ect..............................................................5 8.8 Inspection.............................................................................................................................5 8.9 Choice of Law......................................................................................................................5 8.10 Entire Agreement;Amendment............................................................................................5 8.11 Counterparts.........................................................................................................................5 8.12 Severability...........................................................................................................................5 8.13 Representatives Not Personally Liable.................................................................................5 8.14 Actions Contesting the Validity and Enforceability of the Redevelopment Project............5 8.15 Release and Indemnification................................................................................................5 8.16 Survival................................................................................................................................5 8.17 Costs and Expenses..............................................................................................................5 8.18 Recording of Agreement......................................................................................................5 Article IX. REPRESENTATIONS OF THE PARTIES � 9.1 Representations of the City..................................................................................................5 9.2 Representations of the Developer.........................................................................................5 ii EXHIBITS EXHIBIT A-1 Legal Description of the 353 Project Area � EXHIBIT A-2 Legal Description of the CID Project Area EXHIBIT B Estimated Reimbursable Project Costs EXHIBIT C Form of Certificate of Reimbursable Project Costs EXHIBTT D Form of Certificate of Substantial Completion EXHIBTT E Redevelopment Area Boundary Map EXHIBIT F Concept Project Site Plan EXHIBIT G Municipal Contribution Approvals � . � iii � DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT(this"Agreement")is made and entered into as of this day of , 2007, by and between the CITY OF CAPE GIRARDEAU, MISSOURI (the "City"), a city and political subdivision duly organized and existing under its charter and the Constitution and laws of the State of Missouri, the COUNTY OF CAPE GIRARDEAU, MISSOURI (the "County"), a fust-class county and political subdivision duly organized and existing under the Constitution and laws of the State of Missouri and GREATER MISSOURI BUII.DERS, INC. (the "Developer''), a corporation duly organized and existing under the laws of the State of Missouri. (All capitalized ternis used but not otherwise defined herein shall have the meanings ascribed to them in Article I of this Agreement.) RECITALS WHEREAS, the City is authorized and empowered pursuant to the Community Improvement District Act, Sections 67.1401 to 67.1571 of the Revised Statutes of Missouri, as amended (the "CID Act"),to establish a community improvement district as proposed by a verified petition;and WHEREAS, on February 12, 2007, a "Petition for the Creation of a Community Improvement District"(the"CID Petition")was filed with the Clerk of the City pursuant to the CID Act,the boundaries of which are legally described on EJchibit A-1,attached hereto and incorporated herein by reference; and WHEREAS, a Tax Impact Analysis for the Town Plaza Redevelopment Area was prepared and � mailed to all affected taxing jurisdictions on February 23, 2007 in accordance with applicable provisions of Chapter 353 of the Revised Statutes of Missouri,as amended("Chapter 353");and WHEREAS, on February 27, 2007, the Developer subxnitted a Development Plan (the "Development Plan") for an area located at the corner of South Kingshighway and William Streets, legally described on Exhibit A-2 attached hereto and incorporated herein (the "353 Project Area" and with the CID Project Area, the "Redevelopment Area") prepared by Development Dynamics, L.L.C. in accordance with Chapter 353; and � WHEREAS, the City Clerk, in accordance with Chapter 353 and the CID Act, did cause to be published notices, in a paper of general circulation and in a paper authorized to publish legal notices, of the public hearings to be held by the City Council on March S, 2007, at which time all members of the public were given the opportunity to be heard; and WHEREAS, pursuant to Ordinance No. 3802, adopted on April 2, 2007, the City Council found and designated the 353 Project Area to be a blighted area within the meaning of and as defined in Section 353.020 of Chapter 353; and WHEREAS, pursuant to Ordinance No. 3803, adopted on April 2, 2007, the City Council approved the Development Plan for the 353 Project Area;and WHEREAS, pursuant to Ordinance No. 3804, adopted on April 2, 2007, the City Council also established the Town Plaza Community Improvement District (the "District") as set forth in the CID Petition; and � WHEREAS, subject to and in accordance with the CID Act and the CID Petition, and upon the approval of the qualified voters of the District, the District intends to impose a sales tax at a rate not to � exceed one percent (1%) on all eligible retail sales within the boundaries of the District pursuant to Section 67.1545 of the CID Act;and WHEREAS, the City Council hereby determines that fulfillment of the Development Plan, the CID Petition and this Agreement are in the best interests of the City, and the health, safety and welfare of its residents, and in accord with the public purposes specified in the Development Plan and the CID Petition; and WHEREAS, in connection with the conshuction of the 353 Project, the Developer will incur significant costs including costs for items that involve the remediation of blight within the 353 Project Area and are therefore for a public purpose;and WHEREAS, in order to make it economically feasible for the Developer to construct the 353 Project,the City and the County have agreed to reimburse the Developer for a portion of the costs related thereto; and WHEREAS, the City and the County are authorized pursuant to Section 70.220 of the Revised Statutes of Missouri, as amended, to contract for the planning, development and construction of any public improvement or facility, and the City and the County have authority to appropriate revenue for the construction of public improvements;and WHEREAS,the City Council has passed Ordinance No. approving this Agreement and the County Cominission has passed Ordinance No. _ approving this Agreement, which Ordinances are attached hereto as Exhibit G and incorporated by reference; and � WHEREAS,pursuant to provisions of Chapter 353,the CID Act and Ordinance No. , the City is authorized to enter into this Agreement,to pledge the Municipal Contribution to reimburse the Developer,and to grant tax abatement as set forth herein. AGREEMENT NOW,THEREFORE, in consideration of the premises and promises contained herein and other good and valuable consideration, the adequacy and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: ARTICLE I. DEFINITIONS 1.1 Definitions. As used in this Agreement, the following words and terms shall have the following meanings: "353 Ordinance" means Ordinance No.3803 designating the 353 Project Area, approving the Development Plan and approving the 353 Project. "353 Project"means the development project set forth in the Development Plan. "353 Project Area" means that area legally described on Exhibit A-1 in which the 353 Project will be constructed. � 2 � "353 Project Costs"means those costs necessary to complete the 353 Project. "Agreement" means this Development Agreement, as the same may be from time to time modified,amended or supplemented in writing by the parties hereto. "Approved Investor" means (a) the Developer or a Related Entity, (b) an "accredited investor" under Rule 501(a) of Regulation D promulgated under the Securities Act of 1933, (c) a "qualified institutional buyer" under Rule 144A promulgated under the Securities Act of 1933 or (d) any general business corporation or enterprise with total assets in excess of fifty million dollars($50,000,000). "Authorizing Ordinance" means Ordinance Na [ � authorizing the City to enter into this Agreement with the Developer. "Bond Counsel" means Gilxnore & Bell, P.C., or an attorney at law or a firm of attorneys acceptable to the City of nationally recognized standing in matters pertaining to the tax-exempt nature of interest on obligations issued by states and their political subdivisions duly admitted to the practice of law before the lughest court of any state of the United States of America or the District of Columbia. "Certificate of Reimbursable Project Costs" means a document substantially in the form of Exhibit C, attached hereto and incorporated herein by reference, provided by the Developer to the City and the District in accordance with this Agreement which, upon acceptance by the City and the District, will evidence Reimbursable Project Costs incurred by the Developer. "Certificate of Substantial Completion"means a document substantially in the form of Exhibit D, attached hereto and incorporated herein by reference,issued by the Developer to the City and the District � in accordance with this Agreement and which,upon acceptance or deemed acceptance by the City and the District,will evidence the Developer's satisfaction of all obligations and covenants to construct the Work in accordance with the Development Plan,the CID Petition and this Agreement. "Chapter 353"means Chapter 353 of the Revised Statutes of Missouri, as amended, also known as The Urban Redevelopment Corporations Law. "CID Act" means the Missouri Community Improvement District Act, Sections 67.1401 through 67.1571 of the Revised Statutes of Missouri,as amended. "CID Administrative Costs" means overhead expenses of the District for administration, supervision and inspection incurred in connection with the CID Project and paid initially by the Developer subject to reimbursement in accordance with this Agreement and paid by the District out of the proceeds of the CID Sales Tax and CID Special Assessment in an amount of up to $20,000 annually, which expenses include without limitation the following: (a)reimbursement (in an amount not to exceed one and one-half percent (1%%) of the CID Revenues collected in the applicable year) of expenses incurred by the City pursuant to Section 67.14613 of the CID Act to establish the District and review the District's annual budgets and reports; (b)reimbursement of the Petitioner for the costs of filing and pursuing the CID Petition to establish the District and all publication and incidental costs incurred therewith; (c) reimbursement of the District's Board of Directors for actual expenditures in the performance of authorized duties on the behalf of the District; (d) costs related to any authorized indebtedness of the District, including the issuance and repayment of Obligations; and (e) any other administrative costs or expenses incurred by the District in the exercise of the powers granted under the CID Act and the CID Ordinance. � 3 "CID Notes" means those notes issued by the District to reimburse the Developer for eligible costs advanced to construct the CID Project. � "CID Ordinance"means Ordinance No. 3804 establishing the District. "CID Petition" means any petition filed with the City to establish the District, and any amendments thereto. "CID Project" means those public improvements identified in the CID Petition and eligible for reimbursement in accordance with the CID Act and as further authorized by the District, including the 353 Project. "CID Project Area"means that portion of the Redevelopment Area, legally described on Exhibit A=2 attached hereto and incorporated herein by reference, on which the CID Project will be constructed. "CID Project Costs" means those costs incurred in the construction and financing of the CID Project,which include the 353 Project Costs. "CID Revenues" means, collectively, the CID Sales Tax Revenues and the CID Special Assessment. "CID Sales Tax" means the community improvement district sales tax levied by the District in accordance with the CID Act and Section 3.8 of this Agreement. "CID Sales Tax Revenues" means the appropriated CID Sales Ta1c revenues, a$er deducting the cost of collection of one percent (1%) of the total amount received. CID Sales Tax Revenues shall not � include (a)any amount paid under protest until the protest is withdrawn or resolved against the taxpayer or any sum received by or on behalf of the District that is the subject of a suit or other claim communicated to the District,which suit or claim challenges the collection of such sum,u.ntil such suit or other claim is withdrawn or resolved against the taxpayer; or(b)the amount deducted by the District for the District's reasonable and actual costs of administering, collecting, enforcing and operating the CID Sales Tax or CID Special Assessment as provided in the CID Act,including CID Administrative Costs. "CID Sales Tcvc Revenues AccounP' means the account in the Special Trust Fund receiving CID Sales Tax Revenues to be created in accordance with Section 6.1 of this Agreement. "CID Special Assessment"means the community improvement district special assessment levied by the District in accordance with the CID Act,the CID Petition and Section 3.8 of this Agreement. "CID Special Assessment Revenues" means the revenues generated by the CID Special Assessment levied annually against each tract, lot or parcel of real property within the District in an amount determined by the Board of Directors of the District, the net proceeds of which CID Special Assessment shall be applied to debt service on the Obligations funding Redevelopment Project Costs paid or incurred in connection with the CID Project within such District. "CID Special Assessment Revenues Account" means the account in the Special Trust Fund receiving CID Special Assessment Revenues to be created in accordance with Section 6.1 of this Agreement. � 4 � "City" means the City of Cape Girardeau, Missouri, a constitutional charter city and political subdivision duly organized and existing under its charter and the Constitution and laws of the State of ' Missouri. "City CounciP'means the City Council of the City. "Concept Project Site Plan" refers to the site development plan attached hereto as Exhibit F, which is on file at the City and which depicts the conceptual program for the Work and the Redevelopment Project to be constructed in accordance with the Development Plan, the CID Petition and this Agreement. "Construction Plans" means plans, drawings, specifications and related documents, and construction schedules for the construction of the Work, together with all supplements, amendments or corrections, submitted by the Developer and approved by the City in accordance with applicable law. "County" means Cape Girardeau County, a first class county and political subdivision duly organized and existing under the laws of the State of Missouri. "County Commission"means the County Commission of the County. "Developer" means Greater Missouri Builders, Inc., a corporation duly organized and existing under the laws of the State of Missouri,or its permitted successors or assigns in interest. "Developer s Counsel"means Armstrong Teasdale LLP or such other legal counsel as is engaged by the Developer. � "Development Plan" means the plan titled "Town Plaza Redevelopment Corporation Urban Development Plan" dated as of February 27, 2007, as approved by the City pursuant to the 353 Ordinance,as such plan may from time to time be amended in accordance with Chapter 353. "District" means the Town Plaza Community Improvement District created and operated pursuant to the CID Act and Section 3.8 of this Agreement. "Governmental Approvals" means all plat approvals, approvals of rezoning or other zoning amendments, site or development plan approvals, special use pemuts,resubdivisions or other subdivision approvals, variances, sign approvals, building permits, grading permits, occupancy permits or other similar approvals required for the implementation of the Redevelopment Project related to the Redevelopment Area and consistent with the Development Plan,the CID Petition and this Agreement. "Gross Rental Contribution" means, beginning in the sixth year of the term set forth in Section 5.2, fifty percent(50%) of the gross rental revenues received by the Developer from NARS or any other such tenant occupying the NARS Site, which gross rental revenues will be applied to reduce the principal and accrued interest outstanding on the Municipal Contribution; provided, however, that the ratio of common area maintenance expenses to rent per square feet in any subsequent lease with NARS or any other such tenant occupying the NARS Site shall not exceed 10%. On or before January 15 during each year of this Agreement and any time a new lease or an amendment to an existing lease is entered into, the Developer shall provide to the City and the County(1) a copy of the lease agreement with NARS or any other tenant occupying the NARS Site, and (2) a calculation of the estimated Gross Rental Contribution for the forthcoming calendar year and the actual Gross Rental Contribution for the prior calendar year. � 5 "Interest Rate" means a fixed rate per annum equal to (a) seven and one-half percent (7.5%), if � the interest on the CID Notes (in the opinion of Bond Counsel) is not exempt from federal income taxation (the"Taxable Rate"), or(b)six percent (6%), if the interest on the CID Notes (in the opinion of Bond Counsel)is exempt from federal income taxation(the"Tcix-Exempt Rate"). "Issuance Costs" means the amounts that are incurred in furtherance of the authorization, issuance and delivery of Obligations, including without limitation the City's expenses referred to in Section 2.2 of this Agreement, and the fees and expenses of financial advisors and consultants,the City's attorneys (including issuer's counsel and Bond Counsel), the fees and expenses of Developer's Counsel (not to exceed $10,000), counsel to the underwriter, engineering and feasibility studies, the City's administrative fees and expenses, underwriters' discounts and fees, the costs of printing any Obligations and any official statements relating thereto, the costs of credit cnhancement, if any, capitalized interest, debt service reserves and the fees of any rating agency rating any Obligations. "Maturity Date" means the date that is twenty (20)years after the date of issuance of the Obligations. "MDOR"means the Missouri Department of Revenue. "Municipal Contribution" means (a) from the City, an amount equal to the incremental increase in net sales tax received within the Redevelopment Area attributable to the City's 1.0% general sales tax and the City's two 0.25% capital improvement sales taxes, and(b)from the County, an amount equal to the incremental increase in net sales tax received within the Redevelopment Area attributable to one-half of the County's 0.50%general sales t�,under the terms and conditions set forth in Section 4.1 hereto,the proceeds from which will be used to reimburse the Developer for certain eligible costs related to the 353 Project. � "NARS"means National Asset Recovery Services, a tenant of the Sears Site. "NARS Site" means that portion of the Sears Site which will be converted into a 40,000 square- foot call center to be operated by NARS. "Note Resolution" means the resolution(s) of the District to be adopted by its Board of Directors authorizing the Obligations, any trust indenture relating thereto, and all related resolutions and proceedings. "Obligation Proceeds" means the gross cash proceeds from the sale of Obligations before payment of Issuance Costs,together with any interest earned thereon. "Obligations" means bonds, notes or other obligations issued by the District pursuant to applicable state law,the CID Act and this Agreement. "PILOTs" means those payments in lieu of taxes payable in accordance with Chapter 353 and Article VII of this Agreement. "Project Fund"means the Project Fund created in the Note Resolution relating to Obligations. "Property" means all interests in the real property (including without limitation all options held by third parties, fee interests, leasehold interests, tenant-in-common interests and such other like or similar interests) and e�sting improvements in the Redevelopment Area as set forth in the Development Plan and the CID Petition necessary to undertake and complete the Redevelopment Project. � 6 � "Redevelopment Area" means collectively the 353 Project Area and the CID Project Area as depicted on Exhibit E,attached hereto and incorporated herein by reference. "Redevelopment Corporation" means the Town Plaza Redevelopment Corporation, a redevelopment corporation duly organized and existing under the laws of the State of Missouri. "Redevelopment Project"means collectively the 353 Project and the CID Project. "Redevelopment Project Costs" mean the sum total of all reasonable or necessary costs incurred or estimated to be incurred, and any such costs incidental to the Redevelopment Project, as applicable, including, but aze not limited to: site preparation, roadway and parking facilities, lighting, signage, paving, landscaping, roof reconstruction, HVAC, electrical installation, environmental remediation, fa�ade improvements,monuments and related professional fees. "Reimbursable Project Costs"means those Redevelopment Project Costs as described in EJchibit B, attached hereto and incorporated herein by reference, for which the Developer is eligible for reimbursement in accordance with this Agreement,Chapter 353 and the CID Act. "Related Entity" means Town Plaza, Inc., a wholly-owned subsidiary of Greater Missouri Builders,Inc.,and any other party or entity related to the Developer by one of the relationships described in Section 267(b)of the Tnternal Revenue Code of 1986,as amended. "Relocatdon Plan" means the relocation plan of the City for the 353 Project Area as contained in the Development Plan. � "Sears Site"means the facility located within the 353 Project Area, which will be converted into a 40,000 square-foot call center to be operated by NARS, and 25,000 square feet of additional retail space. "Special Trust Fund" means the Town Plaza Special Trust Fund, created by the District in accordance with the CID Act, and including the accounts and sub-accounts for the Redevelopment Project into which CID Revenues, the Municipal Contribution and the Gross Lease Contribution are from time to time deposited in accordance with the CID Act and this Agreement. "Tax Savings" means those savings realized by the Developer as a result of the tax abatement granted under Article VII of this Agreement and applied to the debt service on the CID Notes. "Trustee"means the trustee or fiscal agent for any issue of Obligations. "Work" means all work necessary to prepare the Redevelopment Area and to construct or cause the construction and completion of the site improvements as specifically described in the Development Plan, the CID Petition and this Agreement, including, but not limited to: (1)demolition and removal of all existing buildings, structures and other improvements within the Redevelopment Area; (2}site preparation, including clearing and grading of the Redevelopment Area; (3)construction, reconstruction, renovation and/or rehabilitation of related infrastructure and/or improvements, including without limitation surrounding roads, sidewalks, utilities, installation of lighting, screening and site landscaping and as further set forth in Exhibit F hereto; (4)environmental remediation; and (5)all other work - described in the Development Plan, the CID Petition and this Agreement, or reasonably necessary to effectuate the intent of this Agreement. � 7 ARTICLE II. ACCEPTANCE OF PROPOSAL � � 2.1 Developer Designation. The City hereby selects the Developer to perform or cause the performance of the Work in accordance with the Development Plan,the CID Petition and this Agreement and all Governmental Approvals. To the extent of any inconsistency among the foregoing, the parties agree that this Agreement shall govern. 2.2 Developer to Advance Costs. The Developer agrees to pay for all Redevelopment Project Costs as necessary to acquire the Property located in the Redevelopment Area and to complete the Work, all subject to the Developer's right to abandon the Redevelopment Project and to terminate this Agreement as set forth in Section 8.1 of this Agreement. Any amounts paid by the Developer for Reimbursable Project Costs shall be reimbursed exclusively from the proceeds of Obligations as provided in and subject to Articles IV and V of this Agreement. ARTICLE III. ACQUISITION OF PROPERTY;SCHEDULE; AND CONSTRUCTION OF REDEVELOPMENT PROJECT 3.1 Acquisition of Property by Negotiation. 3.1.1 The Developer represents to the City that as of the date of this Agreement, Developer owns all of the Property within the Redevelopment Area. All of the Property acquired by the Developer, subject to the rights of assignment under Section 8.3 hereof, shall be held in the name of the Developer and shall be subject to the terms, conditions and covenants contained herein and in the Development Plan immediately upon acquisition and prior to any encumbrances ` � placed thereon; provided, however, that nothing in this Section shall be construed to prohibit or �� otherwise limit the Developer from conveying fee ownership or leasehold interests in any portion of the Property. 3.1.2 Notwithstanding anything contained in this Agreement to the contrary, the City acknowledges that the District may acquire an ownership interest in a portion of the Property for the purpose of constructing and fmancing the CID Project. 3.2 Condemnation. None of the Developer, the Redevelopment Corporation or the District are authorized to exercise the power of eminent domain pursuant to Chapter 353 or the CID Act to acquire any portion of the Property in the Redevelopment Area. 3.3 Relocation. There are no individuals or businesses eligible for relocation assistance within the Redevelopment Area. 3.4 Developer to Construct the Work. T'he Developer shall commence and complete each of its obligations under this Agreement with respect to the acquisition,construction and completion of the Work following the execution of this Agreement. The Developer shall, subject to extensions resulting from force majeure as set forth in Section 8.5 of this Agreement,use good faith efforts to commence the Work no later than one hundred and eighty (180) days following execution of this Agreement and to complete the Work no later than eighteen(18)months thereafter. The Developer may enter into or cause to be entered into one or more construction contracts to complete the Work. Prior to the commencement of construction of any portion of the Work, the � Developer shall obtain or shall require that any of its contractors obtain workers' compensation, 8 � comprehensive public liability and builder's risk insurance coverage in amounts customary in the industry for similaz type projects. T'he Developer shall require that such insurance be maintained by any of its contractors for the duration of the construction of such portion of the Work. Without limiting the generality of the foregoing, not less than ten (10) days prior to commencement of construction of each and any portion of the Redevelopment Project, the Developer and/or its general contractor shall provide the City with a certificate of insurance evidencing a commercial general liability insurance policy with coverages of not less than $2,369,306 for claims arising out of a single accident or occurrence and $355,396 for any one person in a single accident or occurrence, which reflects the current absolute statutory waivers of sovereign immunity in Sections 537.600 and 537.610 of the Revised Statutes of Missouri, as amended. Further, the policy shall be adjusted upward annually, to remain at all timcs not less than the inflation-adjusted sovereign immunity limits as published in the Missouri Register on an annual basis by the Department of Insurance pursuant to Section 537.610 of the Revised Statutes of Missouri,as amended. The policy shall provide that it may not be cancelled,terminated, allowed to lapse or be substantially modified without at least thirty (30) days prior written notice to the City. The City shall be listed as an additional insured on such certificate. Such policy shall include a severability of interests clause and the insurance shall be primary with respect to any applicable insurance maintained by the City. To the extent that laws pertaining to prevailing wage and hour apply to any portion of the Work, the Developer agrees to take all actions necessary to apply for the wage and hour deternunations and otherwise comply with such laws. The Developer shall clear blight or rehabilitate to eliminate the physical blight existing in the 353 Project Area, or will make adequate provisions satisfactory to the City for the clearance of such blight. This obligation shall be a covenant running with the land and shall not be affected by any sale or � disposition of the 353 Project Area. Any purchaser of property in the 353 Project Area from the Developer or any successor in title, who wishes to receive the development rights and tax abatement granted by this Agreement, shall acquire title subject to this obligation insofaz as it pertains to the land so acquired. 3.5 Governmental Approvals. The City agrees to employ reasonable and good faith efforts to cooperate with the Developer and to process and timely consider and respond to all applications for the Governmental Approvals as received, all to the extent authorized, and in accordance with, the applicable City ordinances and laws of the State of Missouri. 3.6 Construction Plans; Changes. T'he Construction Plans shall be prepared by a professional engineer or architect licensed to practice in the State of Missouri. The Construction Plans and all construction practices and procedures with respect to the Work shall be in confornuty with all applicable state and local laws, ordinances and regulations. The Developer shall submit Construction Plans for approval by the City's engineer or his designee in sufficient time so as to allow for review of the plans in accordance with applicable City ordinances and procedures and in accordance with the schedule set forth in Section 3.4. The plans shall be in sufficient completeness and detail to show that construction will be in substantial conformance with the Development Plan and this Agreement. Prior to commencement of construction or during the progress of the Work, the Developer may make such reasonable changes, including, without limitation, modification of the construction schedule, including dates of commencement and completion, modification of the areas in which the Work is to be performed, relocation, expansion or deletion of items, revisions to the areas and scope of the Work, and any and all such other changes as site conditions or orderly development may dictate or as may be � required to meet any reasonable requests of prospective tenants or purchasers of any real property located within the Area or as may be necessary or desirable, in the sole deternunation of the Developer, to 9 enhance the economic viability of the Project; provided that (i)the Developer shall obtain all necessary � approvals and comply with all laws, regulations and ordinances of the City, and (u)the Developer shall complete all of the Work. 3.7 Certificate of Substantial Completion. The Developer shall fiunish to the City and the District a Certificate of Substantial Completion promptly after substantial completion of the Work. The City and the District shall, within thirty (30) days following delivery of the Certificate of Substantial Completion, carry out such inspections as each shall deem necessary to verify to each one's respective reasonable satisfaction the accuracy of the certifications contained in the Certificate of Substantial Completion. The Certificate of Substantial Completion shall be deemed accepted by the District and/or the City unless, within thirty (30) days following delivery of the Certificate of Substantial Completion, the District and/or the City furnishes the Developer with specific written objections to the status of the Work, describing such objections and the measures required to correct such objections in reasonable detail. In the case where the District and/or the City, within thirty (30) days following delivery of the Certificate of Substantial Completion, provides the Developer with specific written objections to the status of the Work, the Developer shall have such amount of time as is reasonably necessary to address such objections and when addressed shall resubmit the Certificate of Substantial Completion to the District and/or the City in accordance with this Section. Upon acceptance of the Certificate of Substantial Completion by the District andlor the City, or upon the lapse of thirty(30) days after delivery thereof to the District and/or the City without any written objections thereto, the Developer may record the Certificate of Substantial Completion with the Cape Girardeau County Recorder of Deeds, and the same shall constitute evidence of the satisfaction of the Developer's agreements and covenants to perform the Work. T'he Certificate of Substantial Completion shall be in substantially the fortn attached as Exhibit D, attached hereto and incorporated by referenced herein. 3.8 Community Improvement District. On Apri12, 2007, the City established the District � pursuant to the CID Act. T'he District shall operate solely for the purpose of providing revenues to fund principal of and interest on the Obligations, to fund the construction of the CID Project. The Developer shall cause the District to operate in accordance with the following: (a) The District shall impose a CID Sales Tax in an amount equal to one percent (1%)on taxable sales within the District pursuant to Section 67.1545 of the CID Act,the net proceeds of which CID Sales Tax shall be applied to debt service on the Obligations funding Redevelopment Project Costs paid or incurred in connection with the CID Project within the District. (b) The District may impose a CID Special Assessment pursuant to Section 67.1521 of the CID Act in an amount determined by the Board of Directors of the District to be necessary to finance the CID Project, the net proceeds of which CID Special Assessment shall be applied to debt service on the Obligations funding Redevelopment Project Costs paid or incurred in connection with the CID Project within such District. (c) Pursuant to Section 67.1451 of the CID Act, the District's Boazd of Directors shall consist of five members representing the Developer,as the owner of all real property within the CID Project Area,and the businesses operating within the CID Project Area. (d) 'The CID Revenues shall be deposited into the Special Trust Fund to fund principal of and interest on the Obligations,to fund the construction of the CID Project. (e) The District shall keep accurate records of CID Revenues received and costs incurred,and such records shall be open to inspection by the City at all reasonable times. ! , ��/ 10 (� The District shall maintain its existence until the later of: (i)the repayment of all � outstanding Obligations, or(ii) the expiration of the Obligations pursuant to the CID Act, at which time the District shall dissolve and the CID Sales Tax and the CID Special Assessment shall no longer be levied unless a subsequent project has been authorized by the District and approved by the City in accordance with the CID Act. (g) The District shall not exercise any powers or undertake any action authorized under the CID Act other than those powers and actions expressly set forth in the CID Petition as reasonably necessary in connection with the completion of any CID Project or as otherwise agreed upon by the City and the Developer in writing. (h) The Developer, to the extent it is an owner of record of real property located within the District, shall in good faith cooperate and assist in obtaining approval for and levying of the applicable CID Sales Tax contemplated by this Agreement by voting to approve the CID Sales Tax at an election held in accordance with Section 67.1545 of the CID Act. (i) The Developer, to the extent it is an owner of record of real property located within the District, sha11 in good faith cooperate and assist in obtaining approval for the CID Special Assessment by voting to approve such CID Special Assessment at an election held in accordance with Section 67.1521 of the CID Act. (j) The Developer shall use its best efforts to ensure that every retailer shall add the CID Sales Tax to the retailer's sales price and when so added such CID Sales Tax shall constitute a part of the price, shall be a debt of the purchaser to the retailer until paid, and shall be recoverable at law in the same manner as the purchase price,all as provided for in Section 67.1545 of the CID Act. � (k) Developer shall pay or cause to be paid all costs, including without limitation reasonable costs incurred by the City in connection with the creation of the District,which shall constitute Reimbursable Project Costs. 3.9 Pledge of CID Revenues. Subject to the limits provided in Sections 5.6 and 5.8 of this Agreement and this Section, the Developer shall use its best efforts to cause the District to: (a)pledge all or a portion of the CID Special Assessment Revenues received from time to time to the payment of debt service on Obligations related to the CID Project, and (b)pledge all or a portion of the CID Sales Tax Revenues (subject to annual appropriation)received from time to time to the payment of debt service on Obligations related to the CID Project. Any Obligations issued by the District shall be the exclusive responsibility of the District payable solely out of funds of the District and property as provided in the CID Act and shall not constitute a debt or liability of the State of Missouri, the City, the County or any agency or political subdivision of the State. Neither the District, nor the City nor the County shall be obligated to pledge any funds other than those specifically described herein. 3.10 Performance Bond. The Developer will obtain a performance and payment bond for the construction of the public improvements to be dedicated to the City and/or the County in conformance with Section 107.170 of the Revised Statutes of Missouri, as amended. The cost of such bond shall be advanced by the Developer and shall be eligible for reimbursement hereunder. ARTICLE IV. REIMBURSEMENT OF DEVELOPER COSTS � 4.1 District's and City's Obligations to Reimburse Developer. Subject to the terms of the Authorizing Ordinance and this Agreement,upon Substantial Completion of the 353 Project,the City and 11 the County agree, subject to the terms of this Agreement and subject to appropriation by their respective � governing bodies,to pledge or cause to be pledged the Municipal Contribution to reimburse Developer by and through the Redevelopment Corporation for the verified Reimbursable Project Costs in an amount not to exceed One Million Two Hundred Thousand Dollars ($1,200,000)plus interest. The City is obligated for 85.71% of the Municipal Contribution, and the County is obligated for 14.29% of the Municipal Contribution(respectively, the "Share"), in accordance with the definition thereof and subject to annual appropriation; provided, however, that if the verified Reimbu.rsable Project Costs after Substantial Completion are less than Three Million Three Hundred Thousand Dollars ($3,300,000) in the aggregate, the Municipal Contribution shall be reduced as calculated below(the"Adjustment"): Adjustment — $3,300,000—actual verified Reimbursable Project Costs * 1,200,000 $3,300,000 #For example,if the actual verified Reimbursable Pmject Costs totaled$3,000,000,the Municipal Contnbution would be reduced by$109,091 to 1,090,909. The Developer shall, on the first day of each month, remit the Gross Rental Contribution, if any, to the Trustee and provide evidence thereof to the City and the County. The amount of the Municipal Contribution shall be reduced dollar-for-dollar by the revenues received by the Gross Rental Contribution, if any, prior to any Adjustment as set forth herein. The Developer shall also be reimbursed for verified Reimbursable Project Costs from Tax Savings and CID Revenues such that, when combined with the Municipal Contribution, the Developer's aggregate reimbu.rsement may equal but not exceed Three Million Six Hundred Thousand Dollars ($3,600,000); provided, however, that the Developer retains its right to reimbursement from the T� Savings and CID Revenues after the maximum Municipal Contribution has been paid. Notwithstanding any provision of this Agreement to the contrary, if the Developer sells, ground leases or otherwise transfers its ownership interest in the NARS Site, and as a result holds no fixrther interests as the lessor thereof, then the Gross Rental Contribution shall be fixed at � that amount due under lease (or which would have been due under the lease should such transfer occur before the beginning in the sixth year of the term set forth in Section 5.2) with NARS or any other such tenant occupying the NARS Site on the date the NARS Site is so sold, ground leased or otherwise transferred,for the remainder of the term of the Municipal Contribution. 4.2 Reimbursements Limited to Reimbursable Project Costs; Developer's Right to Substitute. Nothing in this Agreement shall authorize the District to issue Obligations or for the City,the County or the District to reimburse the Developer for any cost that is not incurred pursuant to the CID Act or Chapter 353. Within thirty(30)days of the District's and the City's receipt from the Developer of a Certificate of Reimbursable Project Costs, the District and the City shall review and act upon such Certificate of Reunbursable Project Costs. T'he parties agree that each of the categories of costs set forth in Exhibit B, attached hereto and incorporated herein by this reference, shall constitute Reimbursable Project Costs which are eligible for reimbursement in accordance with Chapter 353, the CID Act and this Agreement. The Developer shall be entitled to reimbursement for Redevelopment Project Costs from any of the categories set forth in Exhibit B,and Developer may shift eligible costs between categories,so long as the maximum aggregate amount of Reimbursable Project Costs does not exceed the maximum amount established in Section 4.1 of this Agreement. In the event that (a) any cost is detemuned by the City or the District not to be eligible for reimbursement in accordance herewith, or (b) a cost incurred by the Developer in any of the approved categories of costs is less than the amount for that category authorized by the City or the District,then the Developer shall have the right to substitute other costs within one of the categories identified, such that � 12 � the aggregate of all project cost elements may equal but not exceed Three Million Six Hundred Thousand Dollars($3,600,000). 4.3 District's Obligations Limited to Special Trust Fund and Obligation Proceeds. Notwithstanding any other term or provision of this Agreement, Obligations issued by the District are payable only from the Special Trust Fund and from Obligation Proceeds,if any,and from no other source. Neither the District, the City nor the County have pledged their full faith and credit relative to the Obligations or relative to any party's obligation to pay any Reimbursable Project Costs. The Obligations shall be special,limited obligations of the District,and shall not constitute debt to the District nor the City nor the County within any constitutional, charter, or statutory meaning of the word "debt;" provided, however,that the Developer may,in its sole discretion,use the proceeds from the Municipal Contribution for any lawful purpose under Chapter 353 or the CID Act, including the redemption of all or any portion of the CID Notes. 4.4 Collection of CID Sales Tag. The parties acknowledge that MDOR shall perform all functions incidental to the administration, collection, enforcement and operation of the CID Sales Tax in accordance with Section 67.1545 of the CID Act. MDOR shall collect and remit the CID Sales Tax to the District after deducting the reasonable and actual cost of collection of the CID Sales Tax but not to exceed one percent (1%) of the total amount collected or received during the preceding month, in accordance with Section 32.087 of the Revised Statutes of Missouri, as amended, and the local sales tax law, as defined in Section 32.085 of the Revised Statutes of Missouri, as amended. T'he District shall deposit such CID Sales Tax revenues into the Special Trust Fund. 4.5 Segregation and Investment of CID Revenues. The District's Board of Directors shall direct the District's treasurer to invest any or all of the CID Revenues on deposit in the Special Trust � Fund in accordance with applicable laws relating to investment of District funds. If the District's Board of Directors fails to provide the District's treasurer with direction regarding investment, the District's treasurer shall maintain such CID Revenues in a checking account in the name of the District to be maintained at such FDIC-insured fmancial institution designated by the District as its depository of funds. All interest earned upon the balance in the Special Trust Fund shall be deposited to the credit of the Special Trust Fund. 4.6 Use of CID Revenues. Beginning in the first month following the initial deposit of CID Revenues into the Special Trust Fund and continuing each month thereafter until the expiration or repeal of the CID Sales Tax and the CID Special Assessment,if any,the District shall,not later than the fifteenth day of each month, distribute all moneys deposited in the Special Trust Fund during the preceding month in the maimer directed by the District's Board of Directors. The District shall pledge, subject to annual appropriation, all CID Revenues to pay CID Administrative Costs and CID Project Costs, including debt service on any Obligations issued to finance the CID Project as provided for in the Note Resolution. 4.7 Repeal of the CID Revenues. So long as any of the Obligations are outstanding, the District shall not repeal or reduce the CID Sales Taac or the CID Special Assessment unless such repeal or reduction will not impair the District's ability to repay the Obligations that are outstanding. Upon satisfaction in full of all of the Obligations,the District shall immediately implement the procedures in the CID Act for repeal of the CID Sales Tax and the CID Special Assessment and for abolishment of the District. Upon the expiration or notice of repeal of the CID Sales Tax or CID Special Assessment at the direction of the District's Board of Directors,the District shall: (a)promptly apply all or a portion of any moneys remaining in the Special Trust Fund to the final payment of CID Administrative Costs; and (b)retain any moneys remaining in the Special Trust Fund until such time as the District is abolished and � the District's Board of Directors has provided for the transfer of any moneys remaining in the Special Trust Fund in a manner pernutted by the CID Act. 13 ARTICLE V. OBLIGATIONS � 5.1 Payment Term and Interest Rate of Municipal Contribution. The reimbursement obligation will commence October l, 2007, and will expire on the earlier of (a) 20 years from the commencement date, or(b) the date on which the Developer has been reimbursed the amount calculated pursuant to Section 4.1 hereof, plus interest calculated at the Interest Rate (the "Term"). Each reimbursetnent payment will be due and payable forty-five (45) days after the end of each previous calendaz quarter,commencing February 15,2008 (the"Payment Date")for the term of the agreement. 5.2 Disbursement of Municipal Contribution. On each Payment Date during the Term,the City and the County shall (a) each remit to the Developer (or, at the direction of the Developer, to the Trustee), but only from the Municipal Contribution appropriated by their respective governing bodies, their pro rata portion(as provided in Section 4.1 hereo fl of the payment due on such date and(b)provide a written statement to the Developer showing the amount of the Municipal Contribution paid to date and the amount remaining to be paid (except as such amount may be reduced by any Gross Rental Contribution). To the extent no revenues have been appropriated to make the Municipal Contribution by the City and/or the County in any calendar quarter on the applicable Payment Date, any balance due by the City and/or the County will carry forward and be reimbursable from their respective share of the Municipal Contribution on any subsequent payout date. 5.3 Annual Appropriation of Municipal Contribution. 5.3.1 Notwithstanding any provision of this Agreement to the contrary, the City and the County are obligated only to pay their respective Municipal Contribution as may lawfully be made from funds budgeted and appropriated for that purpose during the City's or the County's � ) then current fiscal year, respectively. If this Agreement terminates as to either the City or the �'� County, the other party shall continue to make only its pro rata share of the Municipal Contribution. 5.3.2 The obligations of the City and the County to make the payments hereunder constitute a current expense of the City and the County, respectively, are from year to yeaz, and do not constitute a mandatory payment obligation of the City or the County in any fiscal year beyond the then current fiscal year of the City or the County. The City's and the County's obligations hereunder shall not in any way be construed to be a debt of the City or the County in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by the City or the County, nor shall anything contained herein constitute a pledge of the general credit,tax revenues,funds or moneys of the City or the County, respectively. 5.3.3 The City and the County reasonably believe that legally available funds in an amount sufficient to make all payments during the Term of this Agreement can be obtained. Notwithstanding the foregoing, the decision whether or not to budget or appropriate funds or to extend this Agreement for any subsequent fiscal year is solely within the discretion of the then current governing body of the City and the County,respectively. 5.3.4 Subject to State law, the City and the County further agree that neither the City nor the County shall further encumber or pledge any portion of the Municipal Contribution, if any, during the term of this Agreement or take any actions in connection therewith inconsistent with the terms and conditions of this Agreement. � 14 � 5.4 CID Notes. Within 30 days after the acceptance of the initial Certificate of Reimbursable Project Costs by the District, the District shall issue the CID Notes in a form approved by the District. The CID Notes shall be issued in an aggregate principal amount of not to exceed Three Million Six Hundred Thousand Dollars ($3,600,000), plus Issuance Costs related to the CID Notes, plus CID Administrative Costs paid prior to the acceptance of the Certificate of Substantial Completion. T'he CID Notes shall be special, limited obligations of the District secured by CID Revenues. The CID Notes shall bear interest at the Interest Rate. The CID Notes shall have a stated maturity that is not later than 20 years from the date of issuance. Within ten days after acceptance by the District and the City of each subsequent Certificate of Reimbursable Project Costs, the District sha11 instruct the Trustee to make additional endorsements to the CID Notes, subject to the limitations of Section 5.2 of this Agreement. Upon the Trustee's endorsement of the CID Notes as provided in this Section and the Note Resolution, the District shall be deemed to have reimbursed the Developer in full for such Reimbursable Project Costs. T'he Tax Savings,Municipal Contribution and CID Revenues shall be applied first to the payment of a11 or any portion of the past due and current interest on the CID Notes, and then to the payment of principal and the redemption thereon. Upon acceptance by the City and the District of a Certificate of Reimbursable Redevelopment Project Costs and the issuance of the CID Notes as provided in this Section 5.4, the Developer shall be deemed to have advanced funds necessary to purchase such CID Notes, and the District shall be deemed to have deposited such funds in the Project Fund and shall be deemed to have reimbursed the Developer in full for such costs from the amounts deemed to be on deposit in the Project Fund from time to time. 5.5 CID Bonds. 'The District may issue, or cause to be issued, CID Bonds at any time in an amount sufficient to refund all or a portion of the outstanding CID Notes without the consent of the City in its sole and absolute discretion, provided that the market conditions for such CID Bonds are such that � the payment terms of the CID Bonds are sufficiently favorable that a reasonably prudent financial officer or agent of a similazly-situated political subdivision would undertake such a refunding or refinancing of the CID Notes and the underwriter selected by the District deternunes that the CID Bonds are reasonably likely to be redeemed within 20 years of the date of issuance of the CID Notes,based upon an estimate of the projected CID Revenues available to make debt service payments. The CID Bonds shall have a final maturity that is not later than 20 years from the date of issuance of the CID Notes. To the extent that CID Notes remain outstanding upon the issuance of the CID Bonds, such CID Notes shall be subordinate to the CID Bonds in accordance with the appropriate underwriting criteria established for the CID Bonds. The District shall have the right to select the underwriter and such financial advisors and consultants as the underwriter and the District deem necessary for the issuance of the CID Bonds. The CID Bonds shall bear interest at such rates, shall be subject to redemption and shall have such terms as the District shall determine in its sole discretion. In the event that CID Bonds are issued, the District agrees to levy the CID Special Assessment in an amount equal to the ad valorem taxes that would have otherwise been paid on the 353 Project Area but for the existence of the tax abatement under Chapter 353 set forth in Section 7.1 hereof. Further, the City and the County agree that any distributions of their respective share of the Municipal Contribution will be paid to the District to be applied to debt service on the CID Bonds. 5.6 Pledge of CID Revenues. Upon issuance of the Obligations, the District shall pledge, subject to annual appropriation by the District's Board of Directors, all CID Revenues that are from time to time on deposit in the Special Trust Fund, to the payment of debt service on the Obligations as provided in the Trust Indenture. 5.7 Annual Accounting of Municipal Contribution and Taz Savings. In order to evidence compliance with the terms of this Agreement, on the first day of the month in which the CID Notes are issued, and each year thereafter until said CID Notes are fully redeemed, the Developer shall provide to � the District,the City and the County,a notice setting forth the following: (a)the amount received from the City and the County during that year; (b)the amount of Gross Rental Contribution available to be applied 15 against the Municipal Contribution, if any; and (c)the amount of Tax Savings realized during the t previous tax year as a result of the 353 Project; provided, however, that the Developer shall not be `,,,,� required to provide notice of Tax Savings if (i) CID Bonds are issued, or (ii) a party other than the Developer holds the CID Notes, in which cases the Developer will cause the District to levy its CID Special Assessment,the revenues from which will be applied to pay debt service on the CID Bonds. T'he Treasurer of the District shall endorse, or cause to be endorsed, the CID Notes to reflect the Developer's receipt of the amounts set forth in the notice as additional debt service paid thereon. 5.8 Covenant to Appropriate CID Sales Tag. The District covenants and agrees that the officer of the District at any time charged with the responsibility of formulating budget proposals will be directed to include in the budget proposal submitted to the District for each fiscal year that the Obligations are outstanding a request for an appropriation of all CID Revenues on deposit in the Special Trust Fund for application to the payment of the Obligations as provided in the Trust Indenture. The District shall promptly deliver to the City a copy of its annual budget in accordance with Section 67.1471 of the CID Act. Any funds appropriated as the result of such a request are pledged by the District to payment of the Obligations and shall be transferred from the Special Trust Fund at the times and in the manner provided in this Agreement and the Trust Indenture. If, on or before March 1 of each year, the District's Boazd of Directors fails to adopt a budget,the District shall be deemed to have adopted a budget that provides for application of all CID Revenues collected in such fiscal year in accordance with the budget for the prior fiscal year. 5.9 Repayment of the Obligations. The Obligations and the interest thereon shall be the exclusive responsibility of the District payable solely out of CID Revenues, Tax Savings and the Municipal Contribution and shall not constitute a debt or liability of the City, the County, the State of Missouri or any other agency or political subdivision thereof and shall not constitute an indebtedness within the meaning of any constitutional or statutory debt limitation or restriction. Neither the District � nor the City nor the County shall be obligated to pledge any funds other than those CID Revenues, Tax Savings and Municipal Contribution specifically pledged to repayment of verified Redevelopment Project Costs and the Obligations as provided in this Agreement and the Trust Indenture. For purposes of repaying the Obligations, the Taac Savings shall be applied first, if available, and the CID Revenues and Municipal Contribution shall be applied ratably to the balance remaining. 5.10 No Issuance of Other Obligations. Except for the Obligations, the District shall not issue any obligations pursuant to Section 67.1491 of the CID Act without the prior written consent of the City and the owners of the Notes or the Bonds,as applicable. 5.11 Cooperation in the Issuance of the Obligations. The parties agree, subject to applicable law, to cooperate and take all reasonable actions necessary to assist Bond Counsel, underwriters and fmancial advisors in the preparation of offering statements, private placement memorandum or other disclosure documents and all other documents necessary to market and sell the Obligations, including such actions necessary to cause the Developer to disclose all tenants within the District and the non-fmancial terms of the leases between the Developer and such tenants. The parties agree that the Developer shall not be required to disclose to the general public or any investor the rent payable under any such lease or any proprietary or confidential financial information pertaining to the Developer. However, in the event a confidentiality agreement is executed by the Developer, the Developer shall provide such information to such financial advisors,underwriters and their counsels as to enable such parties to satisfy their due diligence obligations. ARTICLE VI. SPECIAL TRUST FUND; COLLECTION AND USE OF � CID REVENUES AND MUNICIPAL CONTRIBUTION 16 � 6.1 Creation of Special Trust Fund. The District agrees to maintain the Special Trust Fund, including a "CID Sales Tax Revenues Account," a "CID Special Assessment Account" and such further accounts or sub-accounts as are required by this Agreement or as the District may deem appropriate in connection with the administration of the Special Trust Fund pursuant to this Agreement. Subject to the requirements of the CID Act and, with respect to the CID Sales Tax and Municipal Contribution, subject to annual appropriation, the District will promptly upon receipt thereof deposit all CID Sales Tax Revenues into the Special Trust Fund. 6.2 Establishment of Base for Municipal ContribuHon. 6.2.1 Within sixty(60)days of the date hereof,Developer shall provide to the City any documents necessary for the calculation of the base for the Municipal Contribution including,but not limited to information related to payment of retail sales taxes by any businesses, owners or other occupants of the Redevelopment Area in the calendar year ending December 31,2006. 6.2.2 Within ninety (90) days after the date hereof, subject to Section 8.5 hereof, the City shall provide to the Developer a certification of the amount of revenue from taxes,penalties and interest which are imposed by the City and the County and which are generated by retail sales within the Redevelopment Area for the calendar year ending December 31,2006. 6.3 Cooperation in Determining CID Revenues. The Developer agrees to cause the District to take all reasonable actions necessary to cause the CID Revenues to be paid into the Special Trust Fund. The Developer (or its successor(s) in interest as an owner or owner(s) of the affected portion(s)of the Property)shall require each"seller"(as that term is defined in Section 144.010(11)of the Missouri Revised Statutes, as amended) located in, or owner of any portion of, such Property to provide � to the District the following information: 6.3.1 Each"seller's"federal and state tax identification numbers. 6.3.2 Within thirty(30)days of the end of each calendar quarter,copies of a completed [Community Improvement District Tax Return] for each "seller's" business located within the Redevelopment Area along with such other documents required by the Boazd of Directors of the District and the following information: 6.3.2.1 Copies of all sales tax returns filed with the Missouri Department of Revenue (on Form 53-S.F. Missouri Department of Revenue or such successor form) with respect to the sales taxes originating from businesses located within the Redevelopment Area for such quarter. In the event that a "seller" has multiple business operations within the City, such "seller" shall file separate sales tax returns for the sales taxes originating from the business located within the RedeveIopment Area. The Developer (or its successor(s) in interest as an owner or owner(s) of any portion(s) of the Property) shall also request any purchaser or transferee of real property and any lessee or other user of real property located within the Redevelopment Area to designate sales subject to sales taxes pursuant to Chapter 144 of the Revised Statutes of Missouri, as amended, to be reported as originating from the Redevelopment Area to the fullest extent permitted by law (including reasonable efforts to negotiate for the inclusion of a clause so providing in the leases of such Property). The Developer shall satisfy the requirements of this Section 6.3 by including the obligations set � forth in this Section within any deed conveying a portion of the Property in the Redevelopment Area to or any lease entered into with any"seller"or purchaser. 17 i � e Y 6.4 Obligation to Report CID Revenues. The Developer shall use all reasonable efforts to � cause any purchaser or transferee of real property located within the Redevelopment Area, and any lessee or other user of real property located within the Redevelopment Area to pay CID Revenues,as applicable, and shall use all reasonable efforts to timely fulfill such obligations as are required by Section 63 of this Agreement. So long as any Obligations are outstanding, the Developer shall use all reasonable efforts to cause such obligations to be covenants ninning with the land, which covenants shall be enforceable as if such purchaser, transferee, lessee or other user of such real property were originally a party to and bound by this Agreement. ARTICLE VII. TAX ABATEMENT 7.1 Taz Abatement. Subject to the provisions of this Agreement,the 353 Project Area shall not be subject to assessment or payxnent of general ad valorem taxes imposed by the City,the County,the State of Missouri, or any political subdivision thereof, for which ownership rights are acquired by the Redevelopment Corporation,as follows: First Ten (1 D) Years -- 100% real property tax abatement on the new improvements to the 353 Project Area and 50%real property t�abatement on the existing improvements on the 353 Project Area, , beginning on January 1 st of the calendar year following the date upon which the Redevelopment Corporation acquires title to such portion of the 353 Project Area(but only for so long as said portion of the 353 Project Area is used in accordance with the Redevelopment Plan). During the first ten (10) II years,the Developer shall be obligated to pay PILOTs in an amount equal to 50%of the ad valorem taxes , levied on the existing improvements on the 353 Project Area,and(b) 100%of the ad valorem taxes levied upon the 353 Project Area, exclusive of improvements, and due and payable during the calendar year preceding the calendar year during which the Redevelopment Corporation acquires title to said 353 t // Proj ect Area. `�'� Second Fifteen (15) Years -- 50% real property tax abatement on both new and existing improvements to the 353 Project Area, commencing upon the expiration of the aforementioned first ten (10)yeaz period, so long as the applicable portion of the Redevelopment Area is used in accordance with this Agreement and the Development Plan. During the second fifteen(15) years,the Developer shall be obligated to pay PILOTs in an amount equal to the sum of: (a)50%of the ad valorem ta�ces levied on new and existing improvements on the 353 Project Area,and(b) 100%of the ad valorem taxes levied upon the 353 Project Area, exclusive of improvements, and due and payable during the calendar year preceding the calendar year during which the Redevelopment Corporation acquires title to said 353 Project Area. The obligation to make the foregoing PILOTs shall constitute a lien against the 353 Project Area, enforceable by the City in the same manner as general real estate taxes. The City's and the County's obligation to remit the Municipal Contribution is abated during such time that the PILOTs are delinquent hereunder. The City shall furnish the County Collector with a copy of this Agreement. The Collector shall allocate the revenues received from such PILOTs (whether received under this Section or any other provision of this Agreement)among applicable taxing authorities in accordance with Section 353.110.4 of Chapter 353. 7.2 Abatement Contingent Upon Compliance with Redevelopment Plan. The tax relief provided in this Section shall be contingent upon the Redevelopment Corporation's compliance with the Development Plan and this Agreement, and shall apply to general ad valorem taxes only and shall not be deemed or construed to exempt the Redevelopment Corporation or its successors in interest, in whole or in part, from special assessments, fees, charges or other taxes which may be imposed by the City, the County or another governmental unit, including the CID Sales Tax and CID Special Assessment. � 18 � 7.3 Expiration. Upon the expiration of such twenty-five (25) year period, the applicable portion of the 353 Project Area shall be subject to assessment and payment of all ad valorem taxes,based upon the full true value of such improvements. 7.4 Earnings Limitation on Redevelopment Project. The net earnings of the Redevelopment Corporation (and/or any successor owner) from the Redevelopment Project shall be limited in accordance with the applicable provisions of Chapter 353. 7.5 Financial and Annual Reports. (a) During the period of tax relief provided in this Agreement for each phase or all of the Redevelopment Project, as applicable, the Redevelopment Corporation shall provide annually to the City's Finance Director, within one hundred twenty (120) days after the end of the Redevelopment Corporation's fiscal year, three (3) copies of its detailed fmancial report for the preceding year for the Redevelopment Project, examined by a certified public accountant and containing a certification concerning such examination. Said fmancial reports shall disclose: (1) the Redevelopment Corporation's earnings derived from the Redevelopment Project; (2) the disposition of any net earnings in excess of those pernutted by law; (3) the interest rate on income debentures,bonds,notes or other evidences of debt of Redevelopment Corporation; � (4) the Redevelopment Corporation's cost of the Redevelopment Project; and (5) the Redevelopment Corporation's income and expenses derived from or attributable to the Redevelopment Project. (b) If, in the Finance Director's judgment, the fmancial reports fail to provide the information required by this Section in accordance with generally accepted accounting principles or if a material dispute arises regarding the information provided in a fmancial report, and if requested by the City in writing, the Redevelopment Corporation shall, at its own expense and in an amount agreed by the Redevelopment Corporation and the City, have an audit made of its books by an auditing fum to be named by the City and approved by the Redevelopment Corporation, and the fmdings of such audit shall be made available to the Finance Director. 7.6 Accounting Practices. 'The Redevelopment Corporation shall establish and maintain depreciation,obsolescence, and other reserves,and surplus and other accounts, including a reserve for the payment of taxes and PILOTs,according to recognized standard accounting practices. ARTICLE VIII. GENERAL PROVISIONS 8.1 Developer's Right of Termination. At any time prior to the delivery of the Certificate of Substantial Completion, the Developer may, by giving written notice to the City and the County, abandon or discontinue the Redevelopment Project and terminate this Agreement and any agreements � related thereto and its obligations thereunder. Upon such termination,the City and the County shall have no obligation to reimburse the Developer for any amounts advanced or costs incurred or paid, and the 19 Developer shall have no obligation regarding the Redevelopment Project or the related public improvements. Upon termination of this Agreement pursuant to this Section, the City or the Developer � may file a declaration of abandonment with the Recorder of Deeds of Cape Girardeau County, and the real property included in the 353 Project Area shall from that date be subject to assessment and payment of all ad valorem tanes based on the true full value of such real property. 8.2 City's Right of Termination. If the Developer fails to provide the City with an acceptable Certificate of Substantial Completion in substantially the form attached hereto as E�ibit D in accordance with Section 3.4, the City and the County may terminate this Agreement and any agreements related hereto. Upon tennination of such agreement(s) the City and the County shall have no fiuther obligations to reimburse the Developer for any amounts advanced thereunder or any costs otherwise paid or incurred in connection with the Redevelopment Project or the related public improvements. Upon termination of this Agreement pursuant to this Section,the City or the Developer may file a declaration of abandonment with the Recorder of Deeds of Cape Girardeau County,and the real property included in the 353 Project Area shall from that date be subject to assessment and payment of all ad valorem taxes based on the true full value of such real property. 8.3 Successors and Assigns. 8.3.1 Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the parties named herein and their respective heirs, administrators, executors, personal representatives, successors and assigns, including without limitation the assignee under a collateral assignment of this Agreement by the Developer as collateral security for a loan to the Developer. 8.3.2 Assignment or Sale. The rights, duties and obligations of this Agreement shall � ) be assignable to any Related Entity of the Developer without City consent. The rights, duties and `/ obligations of this Agreement shall be assignable to any other party, subject to prior written approval of the City,which approval shall not be unreasonably withheld or delayed;provided that the City Manager shall approve an assignment by the Developer upon a reasonable demonstration of a proposed assignee's experience and financial capability to undertake and complete the Redevelopment Project in accordance with this Agreement and the Development Plan. Nothing in this Section shall be construed to prohibit or otherwise limit the Developer from conveying fee ownership or leasehold interests in any portion of the Property. 8.33 Assignment or Sale to Ezempt Organization. Prior to any sale, transfer or other disposition of all or any portion of the Property or any interest therein to an organization exempt from payment of ad valorem property ta7ces, such organization shall be required to agree not to apply for an exemption from payment of such property taxes for a period ending on the earlier of the date that all Obligations are paid in full or twenty (20) years from the date that the Approving Ordinance was adopted by the City. The Developer shall make this requirement a covenant running with the land, enforceable for such period as if such purchaser or other transferee or possessor thereof were originally a party to and bound by this Agreement. 8.4 Remedies. Except as otherwise provided in this Agreement and subject to the Developer's and the City's respective rights of termination,in the event of any default in or breach of any term or conditions of this Agreement by either party, or any successor, the defaulting or breaching party (or successor) shall, upon written notice from the other party specifying such default or breach, proceed immediately to cure or remedy such default or breach,and shall,in any event,within thirty(30)days after receipt of notice, cure or remedy such default or breach. In the event that the defaulting or breaching � party(or successor)diligently and in good faith commences to cure or remedy such default or breach but 20 � is unable to cure or remedy such default or breach within thirty (30) days after receipt of notice, the defaulting or breaching party(or successor)shall,prior to the end of such thirty(30) days, provide notice to the other party that it has in good faith commenced to cure or remedy such default or breach, whereupon the defaulting or breaching party (or successor) shall have an additional thirty (30) days to cure or remedy such default or breach. In case such cure or remedy is not taken or not diligently pursued, or the default or breach shall not be cured or remedied prior to the end of the additional thirty (30) day period,the aggrieved party may institute such proceedings as may be necessary or desirable in its opinion to cure and remedy such default or breach, including without limitation proceedings to compel specific performance by the defaulting or breaching party. 8.5 Force Majeure. Neither the City nor the Developer nor any successor in interest shall be considered in breach or default of their respective obligations under this Agreement, and times for performance of obligations hereunder shall be extended in the event of any delay caused by force majeure, including without limitation damage or destruction by fire or casualty; strike; lockout; civil disorder; war; restrictive government regulations; lack of issuance of any permits and/or legal authorization by the governmental entity necessary for the Developer to proceed with construction of the Work or any portion thereof; shortage or delay in shipment of material or fuel; acts of God; unusually adverse weather or wet soil conditions; or other like causes beyond the parties' reasonable control, including without limitation any litigation, court order or judgment resulting from any litigation affecting the validity of the Development Plan, the Redevelopment Project or Obligations or this Agreement; provided that (i) such event of force majeure shall not be deemed to exist as to any matter initiated or sustained by the Developer in bad faith, (ii) with respect to the times for performance set out in Section 3.4 of this Agreement, the time for submitting a Certificate of Substantial Completion shall not be extended more than eighteen(18)months beyond the date set forth in Section 3.4,and(iii)the Developer � notifies the City in writing within thirty(30) days of the commencement of such claimed event of force maj eure. 8.6 Notices. All notices, demands, consents, approvals and other communications required by this Agreement to be given by either party hereunder shall be in writing and shall be hand delivered, telefaxed or sent by a nationally recognized overnight courier or United States first class mail, postage prepaid, addressed to the appropriate party at its address set forth below, or at such other address as such party shall have last designated by notice to the other. (i) In the case of the Developer,to: Greater Missouri Builders,Inc. 1551 Wall Street Suite 220 St. Charles,MO 63303 Attention: Kent Evans Facsimile: (636)949-9992 With a copy to: Armstrong Teasdale LLP One Metropolitan Square, Suite 2600 St.Louis,Missouri 63102 Attention: James E.Mello Facsurule: (314)621-5065 � (ii) In the case of the City,to: 21 City of Cape Girardeau 401 Independence Street � Cape Girardeau,Missouri 63702 Attention: City Manager Facsimile: (573)335-7946 With a copy to: Office of the City Attorney 401 Independence Street Cape Girazdeau,Missouri 63702 Attention: Eric Cunningham Facsimile: (573)651-0860 (iii) In the case of the County,to: County of Cape Girardeau One Barton Square Jackson,Missouri 63755 Attention: Presiding Commissioner Facsimile: (573)243-4474 8.7 Damage or DestrucNon of Redevelopment Project. In the event of destruction or damage to the Redevelopment Proj ect by fire or other casualty, during construction or thereafter during the term of this Agreement so long as any Obligations are outstanding and the Developer owns the Property,the insurance proceeds(after deducting any expenses incurred in the collection thereto) shall be � applied at the direction of the Developer in conjunction with any commercial lender on the Redevelopment Project to the restoration, reconstruction and repair of the Redevelopment Project or, at the option of the Developer, to the repayment or redemption of CID Notes. In the event of such destruction or damage during the term of this Agreement and after any CID Bonds are issued or the issuance of a CID Note to a Note purchaser other than the Developer or a Related Entity, the Developer shall, at the City's option after consultation with the Developer, tender to the City that portion of the insurance proceeds, if any, to which Developer is entitled after satisfaction of any terms or obligations of any deed of trust,promissory note or fmancing agreement entered into by the Developer for the financing of all or any part of the Redevelopment Project, from any fire or casualty insurance policy in an amount equal to the outstanding principal amount of the Obligations plus accrued interest thereon to be deposited into the Special Trust Fund. 8.8 InspecHon. The City may conduct such periodic inspections of the Redevelopment Area and the Redevelopment Project as may be generally provided in the City's code of ordinances. In addition, the Developer shall allow authorized representatives of the City access to the Redevelopment Proj ect from time to time for reasonable inspection thereof upon reasonable advance notice. 8.9 Choice of Law. This Agreement shall be taken and deemed to have been fully executed, made by the parties in,and governed by the laws of State of Missouri for all purposes and intents. 8.10 Entire Agreement; Amendment. The parties agree that this Agreement constitutes the entire agreement between the parties and that no other agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement shall be amended only in writing and effective when signed by the authorized agents of the parties. � 22 � 8.11 Counterparts. This Agreement may be executed in multiple counterparts,each of which shall constitute one and the same instrument. 8.12 Severability. In the event any term or provision of this Agreement is held to be unenforceable by a court of competent jurisdiction,the remainder shall continue in full force and effect,to the extent the remainder can be given effect without the invalid provision. 8.13 Representatives Not Personally Liable. No elected or appointed official, agent, employee or representative of the City shall be personally liable to the Developer in the event of any default or breach by any party under this Agreement, or for any amount which may become due to any party or on any obligations under the terms of this Agreement. 8.14 Actions Contesting the Validity and Enforceability of the Redevelopment Project. During such time as the Developer is the registered owner of the Obligations, in the event a third party brings an action against the City or the City's officials, agents, attorneys, employees or representatives contesting the validity or legality of the Redevelopment Area, the CID Petition, the Development Plan, the Obligations, the 353 Ordinance,the CID Ordinance or the Authorizing Ordinance, Developer may, at its option,join the City in defense of such claim or action; provided, however, that if the Developer does not join the City in defense of such claim or action,the City may, at its sole cost and expense,handle and dispose of such claim or action in such manner as the City may see fit, without any liability to the Developer,including consenting to or pennitting a default judgment in such claim or action. The parties expressly agree that, so long as no conflicts of interest exist between them with regard to the handling of such litigation,the same attorney or attomeys may simultaneously represent the City and the Developer in any such proceeding. The Developer shall be responsible for all reasonable and necessary costs and expenses incurred by the City and by the Developer in connection with the defense of such claim or � action,provided that if the City does not approve a settlement or compromise which the Developer would agree to, the Developer shall not be responsible for any costs or expenses incurred thereafter in the defense of such claim or action. All costs of any such defense, whether incurred by the City or the Developer, shall be deemed to be Reimbursable Project Costs and reimbursable from any amounts in the Special Trust Fund, subject to Article IV of this Agreement. 8.15 Release and Indemnification. The indemnifications and covenants contained in this Section shall survive termination or expiration of this Agreement. 8.15.1 The City, the County and their respective governing body members, officers, agents, attorneys, employees and independent contractors shall not be liable to the Developer for damages or otherwise in the event that all or any part of Chapter 353, the CID Act, or any ordinance adopted in connection with either Chapter 353, the CID Act, this Agreement, the CID Petition or the Development Plan, is declared invalid or unconstitutional in whole or in part by the final (as to which all rights of appeal have expired or have been exhausted)judgment of any court of competent jurisdiction, and by reason thereof either the City or the County is prevented from performing any of the covenants and agreements herein or the Developer is prevented from enjoying the rights and privileges hereof. 8.15.2 The Developer releases from and covenants and agrees that the City, the County and their respective governing body members, officers, agents, attorneys, employees and independent contractors shall not be liable for, and agrees to indemnify and hold harmless the City, the County, their respective governing body members, officers, agents, attorneys, employees and independent contractors against any and all claims, demands, liabilities and costs, � including reasonable attorneys' fees, costs and expenses, arising from damage or injury, actual or F 1 claimed (excluding consequential and punitive damages), to persons or property occurring or 23 allegedly occurring as a result of any negligent or malicious acts or omissions of the Developer, � its governing body members, officers, agents, attorneys, employees and independent contractors, in connection with its or their activities conducted pursuant to this Agreement. 8.15.3 The City, the County and their respective governing body members, officers, agents, attorneys, employees and independent contractors shall not be liable for any damage or injury to the persons or property of the Developer or its officers, agents, employees, independent contractors or any other persons who may be about the Property or the Work except for matters arising out of the gross negligence or willful misconduct of the City, the Cou.nty and their respective governing body members, officers, agents, attorneys, employees and independent contractors. 8.15.4 All covenants, stipulations,promises, agreements and obligations of the City and the County contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and the County and not of any of their respective governing body members, officers, agents, attomeys, employees or independent contractors in their individual capacities. 8.15.5 No governing body members, officers, agents, attorneys, employees or independent contractors of the City or the County shall be personally liable to the Developer(i)in the event of a default or breach by any party under this Agreement or(ii) for any amount or any Obligations which may become due to any party under the terms of this Agreement, 8.15.6 The Developer releases from and covenants and agrees that the City, the County their respective governing body members, officers, agents, attomeys, employees and independent contractors shall not be liable for, and agrees to indemnify and hold the City, the County, their t � respective governing body members, officers, agents, attorneys, employees and independent �'� contractors, harmless from and against any and all third party suits, interest, claims and cost of reasonable attorneys fees incurred by any of them, resulting from, arising out of, or in any way connected with: (i) the enforcement of this Agreement, the validity of the Obligations, to the extent they are owned by the Developer or a Related Entity, the enforcement or validity of the pledge of the CID Revenues or the Municipal Contribution, or the enforcement or validity of any other agreement or obligation made in connection therewith and their approvals (so long as they are owned by the Developer or a Related Entity, but excluding opinions of counsel and of the City's financial advisors whenever such claim is based on such party's own negligence); (ii) the negligence or willful misconduct of the Developer or its officers, agents, employees or independent contractors in connection with the design, management, development, redevelopment and construction of the Work, or (iii) the compliance by the Developer with all applicable state, federal and local environmental laws,regulations and ordinances as applicable to the Property, to the extent such condition e�sted prior to the acquisition thereof by the Developer. The foregoing release and indemnification shall not apply in the case of such liability arising directly out of the gross negligence, or malicious acts or omissions, of the City, the County or their respective governing body members, officers, agents, attomeys, employees and independent contractors in connection with its or their activities conducted pursuant to this Agreement or which arises out of matters undertaken by the City or the County following ternunation of this Agreement as to the Redevelopment Proj ect. 8.16 Survival. Notwithstanding the expiration or termination or breach of this Agreement by either party, the agreements contained in Section 2.2(ii),Article VI, Sections 8.7, 8.10, 8.11, 8.12, 8.13, 8.14, 8.15, 8.16 and Article IX of this Agreement shall, except as otherwise expressly set forth herein, � survive such early expiration or early termination of this Agreement by either party. 24 � 8.17 Costs and Expenses. Within 30 days after the execution of this Agreement, the Developer shall pay the City the sum of$12,500 for fees and expenses incurred in connection with the review and approval of the Development Plan, the creation of the District and this Agreement. If either Party defaults in the performance of its obligations hereunder, the Parties agree that the defaulting Party shall pay the non-defaulting Party's reasonable costs of enforcing the defaulting Party's obligations under this Agreement,including but not limited to attorneys fees and expenses. 8.18 Recording of Agreement. The Developer shall, at its sole expense, record this Agreement in the real property records of Cape Girardeau County, Missouri. The rights and obligations set forth herein shall be a covenant n�nning with the Redevelopment Area throughout the term of this Agreement. No occupancy or building permit shall be issued for any structure in the 353 Project Area until proof of such recording has been provided to the City. ARTICLE IX. REPRESENTATIONS OF THE PARTIES 9.1 Representations of the City. The City hereby represents and warrants that it has full constitutional and lawful right, power and authority,under current applicable law, to execute and deliver and perforxn the terms and obligations of this Agreement, including without limitation the right, power and authority to pledge the Municipal Contribution, and all of the foregoing have been or will be, upon adoption of ordinances authorizing the pledge of the Municipal Contribution, duly and validly authorized and approved by all necessary City proceedings, findings and actions. Accordingly, this Agreement constitutes the legal,valid and binding obligation of the City,enforceable in accordance with its terms. 9.2 Representations of the Developer. The Developer hereby represents and warrants it has � full power to execute and deliver and perform the terxns and obligations of this Agreement and all of the foregoing has been duly and validly authorized by all necessary corporate proceedings. This Agreement constitutes the legal, valid and binding obligation of the Developer, enforceable in accordance with its terms. � 25 IN WITNESS WHEREOF,the City,the County and the Developer have caused this Agreement to be executed in their respective names and the City and the County have caused their respective seal to � be affixed thereto, and attested as to the date first above written. "CITY": CITY OF CAPE GIItARDEAU,MISSOURI By: Jay Knudtson,Mayor [SEAL] Attest: Gayle Conrad, City Clerk V � Town Plaza Development Agreement s-1 � "COLTNTY": COUNTY OF CAPE GIRARDEAU, MISSOURI By: Gerald W.Jones,Presiding Commissioner [SEAL] Attest: Kaza Clark, County Clerk � � Town Plaza Development Agreement S-2 "DEVELOPER" GREATER MISSOURI BUII,DERS,INC. � a Missouri corporation By: Kent Evans,Vice President ��./ �.�/ Town Plaza Development Agreement S-3 � STATE OF MISSOURI ) )SS. COUNTY OF CAPE GIRARDEAU ) On this day of , 2007, before me appeared Jay Knudtson, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the CTTY OF CAPE GIRARDEAU, MISSOURI, a political subdivision of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City, and said instrument was signed and sealed in behalf of said City by authority of its City Council,and said individual 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 in the County and State aforesaid,the day and year first above written. Notary Public [SEAL] My Commission Expires: � � Town Plaza Development Agreement s-4 STATE OF MISSOURI ) '� ) SS. COUNTY OF ST. LOUIS ) On this day of , 2007, before me appeared Kent Evans, to me personally known, who, being by me duly sworn, did say that he is the Vice President of GREATER MISSOURI BUII�DERS, INC., a corporation duly organized and e�sting under the laws of the State of Missouri,and that he is authorized to sign the instrument on behalf of said corporation, and acknowledged to me that he executed the within instrument as the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. Notary Public [SEAL] My Commission Expires: ��.r/ � Town Plaza Development Agreement S-5 � STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIlZARDEAU ) On this day of , 2007, before me appeared Gerald W. Jones,to me personally known, who, being by me duly sworn, did say that he is the Presiding Commissioner of the COIJN'TY OF CAPE GIIZARDEAU, MISSOURI, a political subdivision of the State of Missouri, and that the seal affixed to the foregoing instniment is the seal of said County, and said instrument was signed and sealed in behalf of said County by authority of its County Council, and said individual acknowledged said instrument to be the free act and deed of said County. IN TESTIIvIONY WI�REOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid,the day and year first above written. Notary Public [SEAL] My Commission Expires: � � Town Plaza Development Agreement S-6 EXHIBIT A-1 � LEGAL DESCRIPTION OF THE 353 PROJECT AREA ---Boundary Description— A PART OF OUTLOT 57, UNTTED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIIZARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2"iron pin(found)at the northwest corner of Outlot 57; Thence S 83°07' 18" E, 461.54 feet to a spike (found) at the northwest comer of a tract of land recorded in Book No. 294 at Page No. 891 of the land records of the County Recorder's Office; Thence S 06°26' 06" W, 121.41 feet along the west line of said tract to the southwest comer thereof and being the TRUE POINT OF BEGINNING; Thence S 83° 37' 49" E, 53.78 feet along the south line of the aforesaid tract recorded in Book 294 at Page 891 to a 1/2" iron pin(set); Thence S 00°07'49" E,49.52 feet to a 1/2"iron pin(set); Thence S 83° 37' 49" E, 500.43 feet to a 1/2" iron pin (set) on the west right of way line of Sheridan Drive; Thence S OS°00'27"W, 18l.97 feet along said west right of way line;Thence continuing along said west right of way, S 00°Ol' 14"E, 43.68 feet to a 1/2"iron pin(found)at the northeast corner of a tract of land recorded in Book No. 290 at Page No. 282; Thence along the north and west lines of said tract the following courses and distances, N 84° 57' 14" W, 171.13 feet; Thence S 50° 59' 49" W, 21.56 feet; Thence S 06° 56' S2" W, 142.96 feet to a chiseled "+" (found) on the north right of way line of William ` ; Street; Thence along the north right of way line the following courses and distances, N 84° 29' 22" W, v 277.34 feet to a 1/2" iron pin(set); Thence N 00°07'49" W, 15.07 feet to a 1/2" iron pin(set); Thence N 84° 29' 22" W, 109.76 feet; Thence leaving said north right of way line, N 06° 18' 37" E, 186.08 feet; Thence N 08° 10'46"E,241.64 feet to the point of beginning,containing 4.453 acres more or less. V A-1 � EXHIBIT A-2 LEGAL DESCRIPTION OF THE CID PROJECT AREA —Boundary Description--- A PART OF OIJTLOTS N0.57 AND 87, LTNTTED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a 1/2"Iron Pin Concrete(Found) at the Northwest corner of Outlot no. 57,U.S.P.S. No. 2199; Thence S 83°07'18" E, 461.54 feet along the North line of said Outlot No. 57 to a Railroad Spike (Found) at the Northwest corner of a tract of land recorded in the land records of the County Recorder's Office of book no 294 at page no 891;Thence S 06°26'06"W, 121 41 feet along the West line of said tract to the Southwest corner of said tract, from which a Railroad Spike (Found) bears N 06°26'06" E, 0.7 feet; Thence S 83°37'49" E, 53.78 feet along the South line of said tract to a 1/2" Iron Pin (Set) on the North Right of Way line of Memweather Street; Thence S 00°07'49" E, 49.52 feet to a 1/2"Iron Pin(Set)on the South Right of Way line of Merriweather Street; Thence S 83°37'49"E, 500.43 feet along said South Right of Way line to a point on the West Right of Way line of Sheridan Drive, from which a 1/2" Iron Pin (Found) beazs S 00°51' W, 0.9 feet; Thence along the West Right of Way line of said Sheridan Drive the following courses and distances: S OS°00'27"W, 181.97 feet to a 1/2" Iron Pin(Set); Thence S 00°O1'14" E, 43.68 feet to a 1/2" � Iron Pin (Found) at the Northeast comer of a tract of land recorded in book no. 290 at page no. 282; Thence along the North and West lines of said tract the following courses and distances: N 84°57'14"W, 171.13 feet to a 1/2"Iron Pin(Set); Thence S 50°59'49"W, 21.56 feet to a 1/2" Iron Pin(Set); Thence S 06°56'S2"W, 142.96 feet to a Chiseled Cross in Concrete(Found) on the North Right of Way line of William Street; Thence along said Right of Way line the following courses and distances: N 84°29'22"W, 277.34 feet to a 1/2"Iron Pin(Set);Thence N 00°07'49"W, 15.07 feet to a 1/2" Iron Pin (Set); Thence N 84°29'22" W, 568.90 feet to a 1/2" Iron Pin (Set); Thence N 83°57'22" W, 212.10 feet to a 1/2" Iron Pin(Set) at the Southeast corner of a tract of land recorded in book no. 309 at page no. 397;Thence along the East and North lines of said tract the following courses and distances: N 06°02'38"E, 165.00 feet to a 1/2"Iron Pin(Set)at the Northeast corner of said tract; Thence N 83°57'22" W, 196.57 feet to a 1/2" Iron Pin (Set) at the Northwest corner of said tract; Thence S 06°Ol'S4"W 13.66 feet along the West line of said tract to the Northeast corner of tract of land recorded in book no. 611 at page no. 756;Thence N 83°58'06"W, 176.65 feet along the North line of said tract of a 1/2" Iron Pin Set on the East Right of Way line of United States Route 61 (Kingshighway); Thence N 11°06'S4"E, 137.37 feet along said Right of Way line to a 1/2"Iron Pin(Set)on the South Right of Way line of the Walker Creek Right of Way Line; Thence along said South and East Right of Way lines the following courses and distances: S 78°42'S3" E, 59.09 feet to a 1/2" Iron Pin (Set); Thence N 11°17'07" E, 63.59 feet to a 1/2" Iron Pin(Set); 'Thence N 06°16'07"E, 145.02 feet to a 1/2"Iron Pin(Set); Thence N 11°00'38"E, 73.13 � feet to a 1/2"Iron Pin(Set) on the North line of Outlot No. 87; Thence S 83°30'34"E, 509.97 feet along said North line to the point of beginning; containing 16.043 acres and subject to all easements of record. A-2 EX�IT B � ESTIMATED REIMBURSABLE PROJECT COSTS (a) Architecture/Engineering 160,000 (b) LegaUPlanning/Other Professional 66,961 (c) Environmental 1,500 (d) Site Work 1,088,835 (e) Exterior Reconstruction(farade improvements,parking facilities, 1,431,840 roof reconstruction,HVAC required to convert the Sears Site from a single-use retail space to the NARS call center and multiple retail outlets) (fl Interior Reconstruction 1,786,000 TOTAL 4,535,136 � V B-1 � EX�IT C FORM OF CERTIFICATE OF REIMBURSABLE PROJECT COSTS TO: City of Cape Girardeau 401 Independence Street Cape Girardeau,Missouri 63702 Attention: City Manager Re: City of Cape Girardeau,Missouri,Town Plaza Redevelopment Project Terms not otherwise defined herein shall have the meaning ascribed to such terms in the Development Agreement dated as of [ �, 2007 (the "Agreement"), by and among the City, Cape Girardeau County, Missouri (the "County"), and Greater Missouri Builders, Inc., a Missouri corporation (the "Developer"). In connection with said Agreement, the undersigned hereby states and certifies that: l. Each item listed on Schedule 1 hereto is a Reimbursable Project Cost and was incurred in connection with the construction of the Redevelopment Project and attached hereto are itemized invoices,receipts or other information evidencing such costs. 2. These Reimbursable Project Costs have been incurred or paid by the undersigned and are � reimbursable under the Agreement. 3. Of the Reimbursable Project Costs submitted for approval in this certificate, each item listed on Schedule 2 has been incurred in the completion of the CID Project on behalf of the District, and are subject to reimbursement from CID Revenues (as defined in the Agreement). 4. Developer has incurred Reimbursable Project Costs of at least one hundred thousand dollars($100,000). 5. Each item listed on Schedule 1 has not previously been paid or reimbursed from money derived from the Special Trust Fund or any money derived from any proj ect fund established pursuant to the 353 Ordinance or CID Ordinance, and no part thereof has been included in any other certificate previously filed with the City. 6. T'here has not been filed with or served upon the Developer any notice of any lien, right of lien or attachment upon or claim affecting the right of any person, firm or corporation to receive payment of the amounts stated in this request, except to the extent any such lien is being contested in good faith. 7. All necessary pernuts and approvals required for the portion of the Work for which this certificate relates have been issued and are in full force and effect. 8. All Work for which payment or reimbursement is requested has been performed in a � good and workmanlike manner and in accordance with the Development Plan, the CID Petition and the Agreement. C-1 9. If any cost item to be reimbursed under this Certificate is deemed not to constitute a reimbursable project cost within the meaning of Chapter 353, the CID Act and the �,,,,� Agreement, the Developer shall have the right to substitute other eligible Reimbursable Project Costs for payment hereunder. 10. The costs to be reimbursed under this Certificate constitute advances qualified for Tax- Exempt CID Notes: Yes: No: 11. The Developer is not in default or breach of any material term or condition of the Agreement beyond the applicable cure period,if any. Dated this day of ,20 . GREATER MISSOURI BUII,DERS,INC. By: Name: Title: Approved for Payment this day of , 20 . � V CITY OF CAPE GIRARDEAU,MISSOURI By: Name: Title: TOWN PLAZA COMMUNITY IMPROVEMENT DISTRICT By: Name: Title: � C-2 � SCHEDULEI The Developer has incurred the following Reimbursable Project Costs related to the Chapter 353: Payee: Amount: Description of Chapter 353/Municipal Contribution-Eligible Proj ects: � � C-3 SCHEDULE2 � The Developer has incurred the following Reimbursable Project Costs in relation to the CID Proj ect: Payee: Amount: Description of Reimbursable Project Costs related to the CID Project: � � C-4 � EXHIBIT D FORM OF CERTIFICATE OF SUBSTANTIAL COMPLETION CERTIFICATE OF SUBSTANTIAL COMPLETION 'The undersigned, Greater Missouri Builders, Inc., a Missouri corporation (the "Developer"), pursuant to that certain Development Agreement dated as of[ �, 2007,by and among the City of Cape Girardeau, Missouri (the "City"), Cape Girardeau, Missouri (the "County") and the Developer (the"Agreement"),hereby certifies to the City as follows: 1. That as of , the construction of the Work (as that term is defined in the Agreement) has been substantially completed and funded in accordance with the Agreement. 2. The Work has been performed in a workmanlike manner and substantially in accordance with the Construction Plans(as those terms are defined in the Agreement). 3. This Certificate of Substantial Completion is accompanied by the project architect's or owner representative's certificate of substantial completion on AIA Form G-704 (or the substantial equivalent thereo�, a copy of which is attached hereto as Appendix A and incorporated herein by reference,certifying that the Work has been substantially completed in accordance with the Agreement. 4. Lien waivers for applicable portions of the Work in excess of Five Thousand Dollars � ($5,000)have been obtained. 5. This Certificate of Substantial Completion is being issued by the Developer to the City in accordance with the Agreement to evidence the Developer's satisfaction of all material obligations and covenants. 6. T'he acceptance (below) or the failure of the City to object in writing to this Certificate within thirty(30) days of the date of delivery of this Certificate(which written objection, if any, must be delivered to the Developer prior to the end of such thirty(30) days) sha11 evidence the satisfaction of the Developer's agreements and covenants to perform the Work. Upon such acceptance by the City, the Developer may record this Certificate in the office of the Cape Girardeau County, Missouri Recorder of Deeds. This Certificate is given without prejudice to any rights against third parties which exist as of the date hereof or which may subsequently come into being. Terms not otherwise defined herein shall have the meaning ascribed to such terms in the Agreement. � 1 D-1 IN WITNESS WHEREOF, the undersigned has hereunto set his/her hand this day of � ,20 . GREATER MISSOURI BUII.DERS,INC. By: Name: Title: ACCEPTED: CITY OF CAPE GIltARDEAU,MISSOURI By: Name: Title: TOWN PLAZA COMMUNITY IlVIPROVEMENT DISTRICT (� By: Name: Title: (Insert Notary Form(s)and Legal Description) � D-2 � EXHIBIT E REDEVELOPMENT AREA BOUNDARY MAP ;..... aomm+uuri tmarovan.nt nisula!Mea:: �•€ .� , i "r� � . �}8 tY' .' j�f E t7�fi2 �. ,�..a . � 3 2.Eg 2�' 6# f�� :� i� M&.t�iiiW�TtiBT-�. � � �° ` s s —'� � . p i.._.:,...w..,—._._,.„�.,._,.. ...„�„..,,,,—..,,w...„ , yy a � � 3'�}4Nh1 F'I�� ;'� � _, ': ' .ai1f�PP(hiG.Gi:N��R � ';;{. z �: � i. a �. � . . .. � �� t_�':_._'3 � ' WlltVt�1ST-H4Gtit^ihYK � �� E-1 EXHIBIT F � CONCEPT PROJECT SITE PLAN � . : •°� �.� �; �'-�-•- � �.,,�� o�,.�.�.__...�� \�� .� � :�� in • " � � � e � �� e � � � � � � ' '' * . '� �� . � �� . $ ` � � � , l��' � � � f�� # . �� . . . 1 t � �G�!�i��}! ��A 3�� "�; ��;� �t�' �•' � �_� � � ' ° � , , �€ � �� _ f > � � � d � y � �� ° � �' � � ' �.,� � � �� , ��. � f _ ; 2� ; � �� y � t��}. �5�� y , 4��. . ,. g �� . �.......: � r p , M# 3 r � � � T� � � �,. �� . �a . �� _ �� ° #� � �� .� �. . � 0 !i f r"' j � w �� : �� , i ; � ' � �, s 43 � � '� � y ��F' � $� p t s .. � ! $ ; � 3n � m � {� .�« �� ' ' t p � �� . � � $F{ � ' ey5 »� �j� � '�'K� i �� `^ #5� �'` � ;' �� ' i� �:' :�. . �" � � �� __ .� � , � � 3 = ��. �� y � .i i �� ' ' � '� � x � �; s��`aa t ' _ ��,�,�, � �� , ,��w.� ; •�,,,_�� "�� .: �A # � . � .,. r •,"w:�.,� �!? � I 8 A� �� , 4 q, k � g�i�� y� €#��ly � s * X � '3il�� ..� � ��@�iD�51tT�3$3�aS?�S � � F-1 � CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 16 8 -July 9, 2007- The Honorable Mayor and Members of the City Council City of Cape Girazdeau, Missouri Subject:Air Traffu Control Tower OperatingAssistance GrantAgreement Dear Mayor and Council Members: Annually,the Missouri State legislation provides up to $167,000 to be allocated for reimbursement of control tower operational expenses for those Missouri municipalities who are currently funding their own air traffic control tower operation. Currently,the Cape Girardeau Air Tr�c Control Tower operations cost the City approximately $220,000 annually. The City of Cape Girazdeau is currently the only city in Missouri eligible for these funds. � The funds are available to the City thanks to language within the Jet Fuel Tax legislation which provides for the funding. The Jet Fuel Tax currently funds the Missouri State Aviation Trust Fund up to $8.5 Million annually. In addition to the tower funding,these hust funds are utilized by the Missouri Department of Transportation Aviation Division to fund a variety of airport maintenance and capital projects at over one hundred airports throughout the state. Attached for your review is the Airport Assistance Agreement for reimbursement of up to $167,000 for the direct costs to operate the air tr�c control tower for the period of July 1,2007 to June 30,2006. It is recommended that the City Council approve the attached ordinance authorizing the City of Cape Girardeau to enter into this Air Traffic Control Tower Operating Assistance Grant Agreement for the fiscal yeaz 2007-2008 in the amount of$167,000. Respectfully submitted, 1.�� . ruce W. Loy Airport Manager ��at/ ��i� � � Do glas K.Leslie City Manager � BILL NO. 07-122 ORDINANCE NO. AN ORDINANCE AUTHORIZING EXECUTION OF AN AIR TR.AFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT BETWEEN THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AND THE CITY OF CAPE GIRARDEAU, MISSOURI FOR THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . That the City of Cape Girardeau, Missouri, shall accept and execute an Air Traffic Control Tower Operating Assistance Grant Agreement with the Missouri Highways and Transportation Commission for an Air Traffic Control Tower Operating Assistance Grant for the Cape Girardeau Regional Airport. A copy of said Agreement is attached to this Ordinance and made a part hereof . � ARTICLE 2 . That the City of Cape Girardeau, Missouri, does hereby ratify and adopt all statements, representations, conditions, and covenants contained in the Air Traffic Control Tower Operating Assistance Grant Agreement. ARTICLE 3 . That the City Manager is hereby authorized and directed to execute said Air Traffic Control Tower Operating Assistance Grant Agreement in duplicate on behalf of the City of Cape Girardeau, Missouri, and the City Clerk is hereby authorized and directed to impress thereon the official seal of the City of Cape Girardeau, Missouri, and to attest to said execution. ARTICLE 4 . That said airport assistance agreement provides for the granting of financial assistance in a sum of up to One Sixty-seven Thousand Dollars ($167, 000 . 00) in state funds to assist with the operation of the air traffic control tower at the Cape Girardeau Regional Airport for the period of July l, 2007 to June 30, 2008 . ARTICLE 5 . 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 � � . � CCO Form: AC21 Approved: 1/99(RMH) Reviseci: 09/06(AR) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT THIS AGREEMENT is entered into between the Missouri Highways and Transportation Commission (hereinafter, "Commission"), and the City of Cape Girardeau(hereinafter, "City"). W ITNESSETH: WHEREAS, the purpose of this Agreement is to provide financial assistanoe to the City for the operation of the Air Traffic Control Tower(hereirrafter, "Tower") at the Cape Girandeau Regional Airport (hereirrafter, "Airport") and to set forth conditions upon which the assistanoe will be provided. NOW, THEREFORE, in cor�sideration of the mutual oovenants, promise.s, and repr�sentatior�s set forth below, the parties agree as follows: � (1) SCOPE OF WORK: The City agrees to operate Tow�er in a000rdanoe with all rules and regulations of the Federal Aviation Administration and applicable Federal and State requirements. (2) AMOUNT OF GRANT: The Commission agrees to reimburse the City up to One Hundred Sixty�ev�en Thousand dollars ($167,000) for dir�ect oosls to operate the Tow�er during period of July 1, 2007 to June 30,2008. (3) PERFORMANCE OF AGREEMENT: The City shall immediately notify the Commission in writing of any condition or event which may significarrtly affect its ability to perform the activities in a000rcianoe with the provisions of the Agr�eerr�ent. (4) COMMISSION'S RIGHT TO INSPECT DOCUMENTS AND AUDIT RECORDS: (A) The City shall submit to the Commission such data, r�ports, documenls, �d other infom�ation relating to the operation of the Tow�er as the Commission may require at any time. (B) The Commission reserves the right to inspect and otherwise audit all recorcis of the City to determine complianoe with this agr�eemer�t. Generally ac.oepted auditing slandarcls and the requirements of the Comptroller General of the United States "Gov�emment Auditing Standards"shall be used as the audit criteria. � (5) THIRD PARTY CONTRACTS: � (A) Prior to execution by either party, the City shall submit to the Commission for review, comment, and approval all contracts for servioes included in the Soope of Work Statement to be provided to the City by a third party. (B) The Commission shall not be liable to the oontractors or subcontractor of the City or any other person not a party to this agreement in connection with the performanoe of project without specific written corisent of Commission. (6) PAYMENTS: (A) TiminQ of Pavmenfs: Commission payments to the City will be made on a quarterly basis. Commission will provide a reimbursement form to be completed by the City when reqtaesting funds. (B) Limitations on Commission Contribution: Funds made available to the Commission and City are subject to appropriatior�s rnade by the General Assembly. (7) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written notioe to the City, the Commission reserv�es the right to susperxl or termir�abe all or part of the financial assistanoe herein provided the City is, or has been, in violation of any of the terms of th is Ag reement. (8) COMMISSION'S REPRESENTATIVE: The Commission's Diredor is �"'� designated as the Commission's repr�entative for the purpose of administering the provisions of this Agr�eement. The Commission's r�epr�sentative may designate by written notioe other persoris having the authority to act on behalf of the Commission in furtheranoe of the perfom�anoe of the Agreement. (9) INDEMNIFICATION: The City shall be responsible for injury or damac,�e,s as a result of any servioes or goods rende►�d under the terms and conditioris of this Agr�t. In addition to the liability imposed upon the City on the a000unt of personal injury, bodily injury, including death or property damage, suffer�d as a result of the City perFomianoe under this Agreement, the City assumes the obligation to save harmless the Commission, including its agenls, employ�es and assigr�s, and to indemnity the Commission, including its agenls, employees and assigns, from ever exper�se, liability or payment arising out of such wmngful or negligent act or omission, including legal fees. The City also agr�es to hold harmless the Commission, including its agents,employ�ees and assigns, from any wrongful or negligent act or omission committed by any suboontractor or other person employed by or under the supervision of the City, for any purpose under the Agreement, and to indemnify the Commission, including its agents, employ�es and assigr�s, from every expense, liability or payment arising out of suc;h wrongful or negligent act or omission. (10) NONDISCRIMINATION CLAUSE: The City shall comply with all state and fe+deral statutes applicable to the City relating to nondiscrimination, including, but not limited to, � 2 Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amer�ded (42 � U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C.Section 12101, et seq.). (11) LAW OF MISSOURI TO GOVERN: The Agreement shall be constnaed acoorcling to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulatior�s relating to the performanoe of the Agr�eement. (12) VENUE: It is agr�eecf by the parties that any action at law, suit in equity, or other judicial prooeeding to enforoe or cor�stnae this Agr�err�ent, or respec�ting its alleged br�ach, shall be instituted only in the Circuit Court of Cole County, Missouri. (13) NONSOLICITATION: The City warrants that it has not employ�ed or retained any company or person, other than a bona fide employ�ee working for the City, to solicit or secur�this Agreement, and that it has not paid or agr�ed to pay any company or person, other than a boria fide employee, any fee, commission, peroentage, brokerage fee, gifts, or any other oonsideration, contingency upon or resulting from the award or making of this Agr�eement. For breach or violation of this warranty, the Commission shall hav�e the right to annul this Agreement without liability, or in its discretion, to deduct from the Agreement price or cor�sideration, or otherwise reoover, the full amount of such fee, commission, peroentage, brokerage fee, gifts, or oontingent fee. (14) AMENDMENTS: Any change in the Agr�r�ent, whether by modification or � supplementation, must be acoomplished by a supplemental agr�eement signed arxi approved by the duly authorized repr�entatives of the City and the Commission. � 3 d IN WITNESS WHEREOF, the parties have entered into this agr�t on the last datie written below. � Executied by the City this day of ,20 Executed by the Commission this day of ,20 MISSOURI HIGHWAYS AND CITY OF CAPE GIRARDEAU TRANSPORTATION COMMISSION By Title Title Attest: Attest: By Secretary to the Commission Title Approv�ed as to Form: Approved as to Form: '�..J By Cour�sel for the Commission Title f.•Imolaviationlac21 air traffic control tower operating assistance grant.doc � 4 � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 16 9 Agenda July 9, 2007 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: An ordinance to raise the fine amount for parking tickets issued on streets in and around the campus of Southeast Missouri State University and the River Campus area. Upon meeting with Councilman Voss and other residents who live in the Alta Vista / Terrace Streets area, it has become apparent that illegal parking has grown to be a serious neighborhood concern. Most of the illegal parkers appear to be college students who choose to park along Alta Vista because its closer to their class location, plus it's �ess expensive for them to park on the street than to park in a University lot where they are not authorized to park: � During the last academic year (from August, 2006 through May, 2007), a total of 804 parking tickets were issued along Alta Vista Street alone. Sixty percent of the vehicles ticketed were ticketed for the same violation on different days. The most tickets issued to one vehicle during that time period was 22. Based on the number of repeat offenders parking along Alta Vista, it seems apparent that the current $10 or $15 fine for violating a no parking zone does not seem to deter student motorists looking for a parking space. It should also be pointed out that a municipal parking fine for illegally parking on a city street can be significantly less expensive for SEMO students than parking illegally on a campus parking lot. On most campus lots, a first violation is a $20 fine, while a second and subsequent violation is $40. On preferred lots, the first violation is a $40 fine, and a second and subsequent violation is $80. For the above reasons, an ordinance is being submitted to the council to consider raising the fine amount for parking tickets issued on those streets in and around the campus of Southeast Missouri State University. This area would be bounded by and including Sprigg Street to the east, New Madrid to the north, West End Boulevard to the west, and Broadway to the south. It is recommended that all parking violations within this area be raised to $50, with a maximum of $75 depending on when the ticket is paid. As mentioned earlier, the current fine amount is either $10 or $15, depending on the violation. � The ordinance also covers the new River Campus area, defined as an area bounded by and including Aquamsi Street to the east, William Street to the north, Middle Street to the � west, and Shawnee Parkway to the south. Res cifully Submitte ,� � Carl A. Kinnison Chief of Police ,�L��'z� Douglas K. Leslie City Manager � � cape girardeau, mo - Google Maps Page 1 of 2 Address Cape Girardeau, MO � �� :�`� �; � �.; , �_. .,�„ __- �� , �� a�� w� � �� ... �,, ' '; ,� � a �� .. � a f � { e # � � � d f ,_., �m.�, �rttf�3Q „ ��s ' � � 4 � t � � r—.. _._�# �.,. ��i+.._� � ' �� y _ _. � `, ._. �, f 1 � ]2 �,�- ,. . .., W `�r ' , �Od � i�.�,, � 4 .0 . C3� {w�� ;�: '',.,,,�i -,"°� ��` aa..J�. � gy� �... ,�.£ � i'� � �"""... � �.`�°,�,�� ..,.J �:. t-`"�. k�� J �.,W,„�� Q.t...�„ �4x_ .�� p { � p :,�«"` ��' � "" � q 3�� f�gy � �'�� g � � . � y� � �.d ��p�, i�i � � �.� d �s *�", g/ t A,.,..„<.�„y1�'�.`i N�� ix.� S ��w, Mj� � �. � �� { `.�� .�6F � y` '`, ""'E M �'' � ,�/.^0��` { .� � � ; ,,.; �� '�� ...j'x�� ,� :;� y p �t,. �,..r � �� t ��w � �,�,�. � � �._ � I _ � � ¢ J" f�4 �� -,,.. � � _T£ � V ` � t�� 7g�^� .....^?Rid�r£ ��3� � �� '� �� ` . ..f' .,.�'.,- 'tio.,..� aH 1 � �:� hxg ' � �' �mm ��y� $q5 � �t�''`�Z "� � ,�� •.T m� � �"�Ee�riy¢� �,Lt�F �l�� ; 3 , d .�y . .� '.�«��~ � �� T P � �' � '�`�'.�,„,� � � 3 £ �ip!' w .»..'s��«4.„+«� .."" �....�� ,�.� �� --�° { � art� �: �_:ry-,.. '} " + f �)�,,��,� �?Sw.ei,�, F } �.� qI� a ...,.>_ , « iw %,•..a? �'��v'a+.�.'v v� .� �. � -,�"�'�� I i i^e:. ��,. , 3 ,. �� '�r ! 3 �'� �+,,�,,,K.�' �� .�.�_r�'� t t � �� ,....,„j ! € �� "� w�V4�(tia��c i � ; ., � �.....,„�., �. � u c �-1 '^-w� � L : . � I z N��V�a� ,�7. � � �€ �{ ��.........r�At(� � µ'_Mg {,.m,s�}° � '-a3�'y1.�. �'� �W.=.�� 3� `�� a Uf1�YET�/.r' ��*�` �.'').�f � �,... ,�0�...., $� � {� �� e� �� : �; �"'a.,�� :.._� "`�A� �""m+.o.mwi::� yY� �.y � �� . 3�•-«... .�, m.:.�'�� .� �"d � � � � t � fl�w.. <�� ' � °� •. .� ,'--w �3f � ,-�, � �,"' l�„' � "7 � �� i , ¢'� �' �..��t�� .r� a � r �� g s� � k�� q� �}� -� �, � , � '..ra �.�� f/g � �� . �i} �.�� ? g � � €r ' a4. � a i t ; � E � � 7"��!�tt��. _ � i �`r � � p r z `��«�, � � � = f '�� - � �, . � g �f i j�tks � f .�ssrp�3� . t f #��, � ` �,«. r ' � '� 3 �!d�"�`=� �` �q�' #'1 p"dr1C' � �( �� ,' � � ` ;� P # ."'"'"� �„,,`"< a t�$y i "-:�_S! � -.�Q `� � ��f4t; _� € 3 � � i r- , _.. fl _l41r��..'","'�!".."�'7 _ , ._ �� ` �� f� �� , , _�,.. -� � , � — � � _ ..� ' , �r �_ -` , '� �� '�" ��'SY _.� � ; � � . fl �_, - € w, i � z �� '��_ �ss�s!sx ____._. ,° ' `,.�_. �irrtaar�y.�t _.. �, �i� � 8tn+��ysa�Sd -.... �� µ `q ,� -,�� Y...�A� 3 @ Y _...,... � � � �-.. � ��fr y-'^� ��. �� 4 � { ��'t 4pM� �" �..� w!f�. "} �f� -� ` �«i �� 'i� . .,. {�r y Yfi°�set'�,y�+�'i ,y £/� , #!" iFl 7,�.�'f/itD�� t.�'..�. � 3 � � 9 3i�. f ,. .��3 3�(jfr .,} P =� .��` 4.� ��V� r S`""r� � i:� T.'.a�a�$ray « - � a'4!� 3�� £�� m.. > � , ,.. { � -s ;. � ; � _ , ..,a,�.., �^ ` k . ; � �d�t�ery .., 7'��S ."�•� '�1 ,� � :�'_ " �"�+►�t""�0' opg�� Map'data,'02007�i4VT� TM'-7�trns°�;lls�.u, �: �~-' ;-� � http://maps.google.com/maps?tab=wl 7/5/2007 cape girardeau, mo - Google Maps Page 1 of 2 � Address Cape Girardeau, MO �� .___ � �� , p i �� f F . < N.� .. ��t } k_� . � g f�. .. , � 1�� . � ��3' �� !3 �. .. . •�t7�� 1� j' ji�w �� g � �— .... _,,.„„,,,�.�� m� � y�. t '� t + 4 j :'�� .� � � �. 9 i 4" _ . CiOt?Cf J'1t�g� M,, -.�. ,. ¥CQ' 1 1 '� � � _ z� cry� ° _ __ _, � ��d i � � �q�` � BILL NO. 07-127 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 26-262 OF THE CITY CODE RELATING TO PARKING VIOLATION PENALTIES � BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 26-262 of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows : Sec. 26-262 . Penalties. (a) Any person accused of violating section 26-248, 26-249 or 26-257, upon conviction or upon entering a plea of guilty, shall pay a fine according to the following schedule: � (1) Ten dollars ($10 . 00) if paid within seven (7) days following the violation. (2) Fifteen dollars ($15 . 00) if paid more than seven (7) days but within thirty (30) days following the violation. (3) Twenty-five dollars ($25 . 00) if paid more than thirty (30) days following the violation. (b) Any person accused of violating section 26-246, 26-247, 26-250, 26-251, 26-252, 26-253, 26-255, 26-256, 26-258, 26-259, or 26-261, upon conviction or upon entering a plea of guilty, shall pay a fine according to the following schedule: (1) Fifteen dollars ($15 . 00) if paid within seven days following the violation. (2) Twenty-five dollars ($25 . 00) if paid more � than seven (7) days following the violation. (c) Any person accused of violating section 26-260 upon conviction or upon entering a plea of 1 guilty, shall pay a fine according to the E 3 following schedule: �.r+ (1) Fifty dollars ($50 . 00) if paid within seven (7) days following the violation. (2) Not more than two hundred dollars ($200 . 00) if paid more than seven (7) days following the violation. i� ��e�'�'�:� �'��3�� .�"��,��`� �� , and a new Section 26-262 is hereby enacted in lieu thereof, in words and figures, to read as follows : Sec. 26-262 . Penalties. (a) Any person accused of violating section 26-248, 26-249 or 26-256, upon conviction or upon entering a plea of guilty, shall pay a fine according to the following schedule : (1) Ten dollars ($10 . 00) if paid within seven (7) days following the violation. (2) Fifteen dollars ($15 . 00) if paid more than � seven (7) days but within thirty (30) days following the violation. (3) Twenty-five dollars ($25 . 00) if paid more than thirty (30) days following the violation. (b) Any person accused of violating section 26-246, 26-247, 26-250, 26-251, 26-252, 26-253, 26-255, 26-256, 26-258, 26-259, or 26-261, upon conviction or upon entering a plea of guilty, shall pay a fine according to the following schedule : (1) Fifteen dollars ($15 . 00) if paid within seven days following the violation. (2) Twenty-five dollars ($25 . 00) if paid more than seven (7) days following the violation. (c) Any person accused of violating section 26-260 upon conviction or upon entering a plea of �,;,;,�+� guilty, shall pay a fine according to the following schedule: 2 � (1) Fifty dollars ($50 . 00) if paid within seven (7) days following the violation. (2) Not more than two hundred dollars ($200 . 00) if paid more than seven (7) days following the violation. (d) Any person accused of violating any of the restrictions contained in Article VI of Chapter 26 of the City Code, as set out in Section 26- 246, et seq. , within an area bounded by and including Sprigg Street to the east, Broadway to the north, West End Boulevard to the west, and New Madrid Street to the north, or within an area bounded by and including Aquamsi Street to the east, William Street to the north, Fountain Street to the west, and Shawnee Parkway to the south, upon conviction or upon entering a plea of guilty, shall pay a fine according to the following schedule: � (1) Fifty dollars ($50 . 00) if paid within seven (7) days following the violation. (2) Not more than seventy-five dollars ($75 . 00) if paid more than seven (7) days following the violation. 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 � 3 ten days after its passage and approval . `� � �J PASSED AND APPROVED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad City Clerk � � 4 CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 170 -July 9,2007- The Honora.ble Mayor and Members of the City Council City of Cape Girardeau,Missouri Subject:Agricudtural Lease with Schlosser Brothers F'arms: Dear Mayor and Council Members: In 2006 the City of Cape Girardeau had an opportunity to purchase approximately 60 additional acres of Iand contiguous to the Cape Girardeau Regional Airport,then known as the Cohen Tnist property. The property,purchased by the City in January,2006, is to be used for future airport development and expansion, in accorda.nce with the airport's master plan. Until ready for development,the acreage is available for lease as agricultural property. The City advertised for public bids to anyone interested in farming this property over the next three(3)yeazs and six(6)months. Bids were opened on June 15, 2D07,for the � 60.76 acres of property and the bid ta11y sheet is attached. With two parties responding to the advertisement,the winning bid was provided by Schlosser Brothers Farms at$63.80 per acre for the first six months and$127.60 per acre annually for the following three years. The total for the 3.5 year term of the attached contract is for$27,135.42. It is recommended that the City Council approve a resolution authorizing the City Manager to enter into an agreement with Schlosser Brothers Farms for a 3.5 yeaz agricultural lease iu the amount of$27,135.42,in accordance with the attached lease, at the Cape Girardeau Regional Airport. Res tfully submitted, �/ . ruce W. Loy Airport Manager � �o� � Douglas K. Leslie City Manager � � BILL NO. 07-121 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRICULTURAL LEASE WITH SCHLOSSER BROTHERS FARMS FOR LEASE OF REAL ESTATE AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agricultural Lease with Schlosser Brother Farms for lease of real estate at the Cape Girardeau Regional Airport . A copy of said Lease 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 � AGRICULT U�►AL L.�►�1SE � This Lease Agreement, made and entered into this day of , 2007, by and befinreen the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "Lessor", Schlosser Brothers Farms, 9322 State Hwy N, Scott City, MO 63780, hereinafter referred to as "Lessee", WITNESSETH: In consideration of the rent to be paid by Lessee to Lessor and in further consideration of the mutual promises and conditions herein contained, Lessor and Lessee do hereby make and enter into the following agreements: 1. For a period beginning July 1, 2007, and ending December 31, 2007, and for a three (3) year period beginning January 1, 2008, and ending December 31, 2010, Lessor shall rent to Lessee all the land shown on Exhibit "A" 60.76 acres more or less. 2. Specifically excluded from the Lease is all land which is used for aeronautical and aeronautical-related purposes including but not limited to, all clear zones, instrument landing systems, roadways, runways, aprons, taxiways, parking lots, electrical substations, drainage ditches, sewage disposal facilities and building sites. Lessor does not present to Lessee the exact acreage of land which is available for agricultural purposes, and Lessee agrees that he has made, and �„� relied upon his own estimate to the tillable acreage. 3. Lessee may farm the real estate herein leased, and produce crops or agricultural products of any and all kind so long as the crops remain less than five (5) feet in height and the growing of the same does not interfere with the safe operation of any and all types of aviation conducted at the Regional Airport, and does not otherwise interfere with the aeronautical facilities for aviation purposes. Lessee is required at all times to maintain constant communication via VHF radio with the Air Traffic Control Tower to ensure safe operation of movements for the farm operation with regard to aircraft movements. Lessee shall be responsible for obtaining a two-way VHF transceiver to facilitate this requirement. Any incident found in which the Lessee is not utilizing radio communication with the Control Tower shall be grounds for termination of this lease agreement. 4. It is understood and agreed by and between the parties hereto that no crops may be grown within the runway or taxiway safety areas, nor in such a way as to restrict the line of sight between runways, or cause interference with navigational or visual approach aids, nor may crops be grown on land inside the ditches which are adjacent to the runways and taxiways, or nearer than ten (10) feet from any such ditch, runway, taxiway, road, building, fence or other nonagricultural facility. Lessee hereby acknowledges that the Little River Drainage District holds easements on and/or adjacent to the subject property which may affect Lessee's � use of the property. Lessee agrees to comply with all of the terms and Page 1 of 5 restrictions contained in those easements, and further agrees to release and hold � the City of Cape Girardeau harmless from any damage to crops which may be caused by any action or failure to act by the Little River Drainage District. 5. Lessee agrees to pay to Lessor, during the term of this lease, rental payments for the real estate herein leased equaling a total of Twenty seven thousand one hundred thirty-five dollars and forty-two cents ($27,135.42) over the nearly four year period. The annual rental payments will be payable on the fifth (5th) day of January immediately following the close of each crop year as follows: Crop Year Rental Pavment Due Date for Rental Payment 2007 (short year) $3,876.49 January 5, 2008 2008 $7,752.98 January 5, 2009 2009 $7,752.98 January 5, 2010 2010 $7,752.98 January 5, 2011 Lessor may reduce the area to be farmed as shown on Exhibit "A", if it is necessary to do so for the proper operation and development of the airport. In the event of a reduction by Lessor of the area to be farmed by Lessee, the rent to be paid by Lessee to Lessor shall be reduced proportionately for the number of acres by which the area is reduced by Lessor. 6. Lessee shall keep and hold harmless Lessor, its employees, agents, servants � and assigns from and against any and all claims, demands, suits, judgments, costs and expenses asserted by any person or persons, including agents or employees of Lessee, by reason of death or injury to persons, or loss or damage to property, resulting from Lessee's operations hereunder, or as a result of anything claimed to be done or omitted to be done by Lessee, his agents or employees hereunder. Lessee shall procure and maintain in effect for the term of this lease agreement, liability insurance in an amount not less than $300,000.00 per person and $2,000,000.00 for any one accident involving injury, including death or property damage, to more than one person, plus annual increases in those limits as set out in Sec. 537.600 RFMo. Lessee agrees that he will abide by all laws, provisions and requirements of Lessor, the State of Missouri, or the United States Government or any agency thereof, pertaining to the use and operation of said airport. In the event a dispute should arise between the parties hereto as to whether a particular crop or agricultural use made by Lessee is unsafe for aeronautical purposes, the rules and regulations of the Federal Aviation Administration shall be controlling in settling such dispute. Lessee agrees to lease the property subject to FAA regulations which are incorporated herein and made a part hereof. Lessee further agrees not to make any use of the premises which would be harmful to the fertility of the soil. Lessee further agrees not to construct any buildings or improvements upon the leased land. Lessee agrees that he will not maintain any nuisance or unsafe condition which would interfere with the aeronautical use of said premises, and that should any � such nuisance or unsafe condition occur, that Lessor has the right to take immediate action without notice to abate the nuisance or unsafe condition. Page 2 of 5 7. In the event of a breach of any of the covenants or agreements of this Lease, the Lessee shall upon written notice of said breach, remedy the breach, and if said breach shall not be corrected within five (5) days, this Lease may be immediately �,,;,� terminated at the option of Lessor, and Lessor may require Lessee to immediately vacate and relinquish possession of said premises. It shall be sufficient to satisfy the written notice requirement, a. for Lessor to mail a copy of said Notice to Lessee at the following address: Schlosser Brothers Farms, 9322 State Hwy N, Scott City, MO 63780, by ordinary mail, in which case the said Notice shall be deemed received by Lessee when deposited in the United States mail with postage pre-paid, or b. for Lessor to hand deliver a copy of said Notice to Lessee. 8. Any failure on the part of the Lessor to enforce any term of this lease shall not be construed as a waiver of any future breeches by the Lessee. 9. On the termination of this Lease, for any reason, Lessee shall immediately relinquish peaceable possession of said premises without notice from Lessor, and shall return said premises to Lessor in as good condition as when received. 10. Lessee further covenants and agrees: a. To use the premises for agricultural purposes only. b. To harvest and remove all crops in due season. � c. Lessee shall be responsible for mowing and maintaining all sides of existing drainage ditches, field edges, roads, buildings, fences, and/or other nonagricultural buildings to keep them cleared of weeds and debris, and to restore and maintain adequate field drainage. Lessee shall be responsible for new ditching as required to ensure proper field drainage. Lessee shall receive written authorization from Lessor prior to any new ditching of leased property. d. To destroy all noxious weeds and nuisances in compliance with Federal, State and Local law. e. To commit no waste or damage on said premises and to permit none to be done. f. To take soil samples to be tested by the County Extension Service each year to determine the amount of lime that needs to be applied by the tenant. Tenant agrees to comply with the recommendations of the County Extension Service based on those tests. Lessee shall apply lime and fertilizer in accordance with the recommendations of the County Extension Service tests. The Lessee will supply the Lessor with a copy of the County Extension � Service Soil Testing Report, and all receipts of tonnage and form of payment on lime purchases. Such report and receipts shall be submitted to the airport Page 3 of 5 manager's office not later than December 30 of each year during the duration � of this lease. g. The Lessee will be responsible for property taxes assessed by the County on the leasehold interest value of the lease. h. The Lessee will pay any fees or penalties assessed by any County, State, or United States Government agency as it pertains to this property in order to farm such property. i. Lessee further agrees that no burning of crop stubble will be conducted on the premises without prior written approval of the Lessor. j. Lessee will be responsible for spraying fence-rows at least annually, or at any other time when requested by the airport manager, to maintain said fence rows free from noxious weeds and brush. Lessee will provide the labor, chemicals and equipment necessary to spray the fence-rows. k. During planting and harvesting season, Lessee will be responsible for removing any equipment brought onto the leased property for agricultural use in a timely manner, not to exceed ten (10) days. Any and all equipment shall be removed from airport property at least three days prior to any airport event. When out of the planting & harvesting season, no agricultural equipment shall � be stored on airport property. 11. Lessee takes possession of the leased premises and performs the services to be rendered as an independent contractor, subject to the usual hazards of operating a farm, and assumes all risks of injury or damage in pursuance of his farming the land herein leased. 12. Lessor covenants that the Lessee shall peaceably hold and enjoy said premises during said term without interruption by Lessor, or any person rightfully claiming under him, except as herein provided. 13. This lease shall not be assignable nor any part of the premises sublet by Lessee without the prior written consent of Lessor. Lessee under the terms of this agreement, agrees to cooperate with Lessor in making available to Lessor and future Lessees during the fall of the last year of this lease, those portions of the leased premises where crops have been harvested so that future Lessees can prepare for planting that land not used by this Lessee for crops. 14. The Lessor may also negotiate with the Lessee for any special services, such as land preparation for special events, not otherwise covered by other terms of this � Lease. 15. Lessor shall have the landlord's lien provided by law as security for the rental herein specified, and if the Lessee shall fail to cultivate said premises as herein Page 4 of 5 agreed, or shall fail, in the sole determination of Lessor, to keep any of the other covenants in this Lease contained, Lessor, at the Lessor's election, may terminate this lease. This lien shall cover crops on the land herein leased being �,11;,,� located in part of the North half of the Northwest Quarter of Section 35, Township 30 North, Range 13 East in the City of Cape Girardeau in Scott County, Missouri, as described in the attached legal description. In the event of a bankruptcy filing for or against Lessee, Lessee shall consider this lien a priority claim. This Lease shall be binding upon the parties hereto, their executors, administrators, heirs, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto caused this instrument to be executed on the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI Douglas K. Leslie, City Manager ATTEST: � Gayle L. Conrad, City Clerk � � Rick Schlosser, Schlosser Brothers Farms .� �G�� l`� Dale Schlosser, Schlosser Brothers Farms ATTEST: � Page 5 of 5 � EXHIBIT A Part of the North half of the Northwest Quarter of Section 35, Township 30 North, Range 13 East in the City of Cape Girardeau in Scott County, Missouri described as follows: Begin at the Northwest Corner of said Section 35 with said point being the Point of - Beginning; thence South 89 �50'28" East, 2716.37 feet more or less to the Northwest Corner of the Northeast Quarter of said Section 35; thence South 89 �50-28 East, 1358.18 feet more or less to a point; thence South 00 �09'30" East, 650 feet more or less to a point; thence North 89 �47'24" West, 1355.18 feet more or less to a point; thence North 89 �48'25" West, 2721.18 feet more or less to a point; thence North 00 �00'00" East, 647.16 feet more or less to the Point of Beginning. Containing 60.76 acres more or less. � � � 0 U � J O 1,¢ O O F H y O U J O O F O O � H F N � U �oo �oo O F- F N O U J O O �O C � H I-- � O U � J�T � � �"'^� � Z � ��n � m �� I-' c�f� ,�=O N o m� o 0 U �� ~�O N tq U �ao to V N O OU(DN Q'Q�1(A J O�V 0 Q N H � M^ O�� N=� �"'�� N � C� O O m(.� � O �� C C� _(�O m F m m Z U U � W N W . W }�(O J ��O� W �� 1�- � � m U L m � W � t C 0 � � (� Z o� i� � Q O�co c� � �F-�F- �coM � U Z c�� d o p c%� a �c9oaa U d ro ° Q Q Z —�� (n U U V jZ QQ �� @ � � m W � d ` c a � � O z�N � � u F- OO ��W � m � Uo� [OCL1tn� aa F � CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 171 Agenda: July 9, 2007 The Honorable Mayor and Members of the City Council City of Cape Girazdeau, Missouri Subject: Resolution authorizing an agreement with the United States Department of Justice Edward Byrne Memorial Justice Assistance Grant—"JAG" Dear Mayor and Council Members: The Police Department is applying for a Justice Assistance Grant ("JAG") to purchase radio equipment conforming to FCC.regulations. Thi� grant is a formula based grant, and the Cape Girardeau Police Deparirnent qualifies for $18,804.00. The department is requesting this money to be used to purchase mobile radios. � The Police D epartment recommends that the City Council pass a resolution authorizing the City Manager to enter into an agreement with the United Sta.tes Department of Justice to apply for the grant funding. Respe lly Submitt c�', � . ` Carl A. Kinnison Chief of Police � L�e%g G� � Douglas K. Leslie City Manager � � BILL NO. 07-123 RESOLUTION NO. A RESOLUTION AUTHORIZING APPLICATION TO THE UNITED STATES DEPARTMENT OF JUSTICE FOR THE EDWAR.D BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT FOR PURCHASE OF RADIO EQUIPMENT FOR THE CAPE GIR.ARDEAU POLICE DEPARTMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSAR.Y GRANT DOCUMENTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute grant applications to the United States Department of Justice Assistance Grant for the purchase of radio equipment for the Cape Girardeau Police Department, and is hereby authorized to execute all necessary grant documents . A copy of said Application 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 � � ATTACHMENT 1 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM NARRATIVE CAPE GIRARDEAU POLICE DEPARTMENT Brief History of the Program Project Agency The City of Cape Girardeau is situated in the southeastem portion of the State 100 miles south of St. Louis Missouri, is bordered on the east by the Mississippi River and is the largest city in the Southeast Missouri regional area. The City spans approximately 26 square miles and serves a resident population of over 36,000 and a daytime population between 68,000 and 100,000. The city is home to finro major, regional hospitals; the largest medical community befinreen St. Louis Missouri and Memphis Tennessee. The City is also home to Southeast Missouri State University, which serves not only the Southeast Missouri region, but attracts students from across � the nation and many foreign countries. Foreign students comprise approximately 2% of the student population. Cape Girardeau serves much of Southeast Missouri and Southern Illinois with widespread shopping and recreational activities. The Bill Emerson Memorial Bridge, recently opened for use, allows access between Illinois and Missouri. The Cape Girardeau Police Department has 77 swom officers, 26 civilian personnel, three college interns and finro volunteers. The Department operates under a Community Policing philosophy and operates several different programs to enhance the law enforcement effort for the City of Cape Girardeau. The Department regularly shares duties and projects with other agencies in the Southeast Missouri region, including the Cape Girardeau Fire Department, Southeast Missouri State University Department of Public Safety, Cape Girardeau County Sheriff's Department, Jackson Police Department, Scott County Sheriff's Department, Sikeston Department of Public Safety, Missouri State Highway Patrol and various federal law enforcement agencies. The Department also supplies one officer that is attached to the newly-formed Southeast Missouri Bomb Team that responds to any report of explosives in the Southeast are of the state. The Cape Girardeau Police Department will respond to assist other agencies in a mutual aid capacity anywhere within this region. Statement of the Problem While radio communication has, and continues to be, a lifeline for police officers, in recent years it has become painfully obvious how significant radio communications � are for an effective first response of public safety personnel to a disaster of any magnitude. Most notably, 9/11 and Hurricane Katrina have highlighted the gap in radio communications amongst first responders. Byrne Memorial JAG Application Atfachment 1 Program Nanative Cape Glrardeau Police Depar6nent June 29,2007 For years, the Cape Girardeau Police Department has struggled to maintain � current communications technology. Many of the portable and mobile radios currently used by the department are either antiquated or lack current technological capabilities needed for a more seamless interoperable regional communications nefinrork. During the past couple years, through the use of grant money and general revenue funds, the police department has been able to begin the process of replacing portable and mobile radios. These radios meet the criteria set forth by the Department of Homeland Security and include: ♦ Minimum 48 Channel capacity ♦ Narrowband capable (the ability to locate 7.5 KHz centers) ♦ 8 character alphanumeric display ♦ 136/148-174 MHz frequency range ♦ FCC type accepted ♦ Project 25 (CAI) Common Air Interface (conventional mode)* Thus far, 86 portable radios and 10 mobile radios meeting the above criteria have been purchased. Our department needs 68 additional mobile radios to equip all our vehicles with radios meeting the current standards. Again, if awarded, our agency plans to use the current block grant money, along with general revenue funds, to purchase as many of the mobile radios as possible. Identification of Matching Funds � Even though he Police Department is not required to include a fund match, the department will be using funds in the City of Cape Girardeau General Revenue fund as a match for this project. The funds to be used would not have been used for law enforcement equipment or services. Additionally, there are no specific budget allocations for grant match funds. Budget Justification All but ten of the mobile radios used by department personnel are not compliant with Homeland Security radio requirements. The police department is in desperate need to replace these outdated radios. The current price of the mobile radios that meet the minimum criteria, and are compatible with the radios we have previously purchased, are $3948.50 each. The block grant money will be used in conjunction with general revenue funds to purchase as many of the portable radios as possible. Community Impact As mentioned above, the ability to sufficiently address the needs of the community during a disaster of any origin, natural or man-made, requires adequate communication by public safety personnel. It is crucial that officers of the Cape Girardeau Police Department have radios that meet the minimum standards set forth by � the FCC and the Department of Homeland Security. At this time, less than half of the Page 2 Byrne Memorial JAG Application Aftachment 1 Program Narrative Cape Girardeau Police Depar6nent June 29,2007 � officers have such radios. This limits the extent to which officers may be able to communicate with other responding agencies, as well as amongst themselves, during an event requiring multiple agency response. Such inadequate communication obviously puts the community at risk. In addition, police response to calls for service depends heavily on adequate radio communications. There have been many occasions when officers have been at a crime scene or at the scene of a disturbance and, due to poor radio quality, have had di�culty or have been unable to communicate with other officers and the Police Communications Unit. Inability to adequately communicate with other officers for assistance or to report their status can place officers and, subsequently citizens, in significant danger. Also, considering the additional threat of terrorist attacks, an improved and seamless communications nefinrork is of the utmost importance in protecting the community. � � Page 3 � ATTACHMENT 2 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT BUDGET AND BUDGET NARRATIVE CAPE GIRARDEAU POLICE DEPARTMENT BUDGET 5 Motorola XTL 5000 100 watt mobile radio $3898.40 each Total cost $19,492.00 Federal Share $18,804.00 Agency match $688.00 � BUDGET NARRATIVE The Federal Communications Commission has set forth a number of requirements for communications equipment, including narrow-band capabilities. All agencies in the country will be required to have this equipment in place by January 1, 2013. In addition to those requirements, and as a result of the National Incident Management System, agencies will need to have communications interoperability. These radios meet the criteria set forth by the Department of Homeland Security and include: ♦ Minimum 48 Channel capacity ♦ Narrowband capable (the ability to locate 7.5 KHz centers) ♦ 8 character alphanumeric display ♦ 136/148-174 MHz frequency range ♦ FCC type accepted ♦ Project 25 (CAI) Common Air Interface (conventional mode)* The majority of the department's mobile radios are not P25 or narrow-band compliant. By utilizing previous block grants, the department has been successful in acquiring P25 and narrow-band compliant personal radios for all its officers. The department is not in the process of securing funding to replace the non-compliant mobile radios. According to the schedule, the City of Cape Girardeau is eligible for$18,804.00 in funds through the Byrne Memorial JAG program. If granted this award, the � department will add funds from general revenue to enable the purchase of five Motorola XTL 5000 radios that meet the FCC and Homeland Security requirements. The funds to Byrne Memorial JAG Applicafion Aftachment 2 Budget and Budget Narrative Cape Glrardeau Police Depar6nent June 29,2007 be used would not have been used for law enforcement equipment or services. � Additionally, there are no specific budget allocations for grant match funds Currently, there are ten of those units in service with the City of Cape Girardeau at this time. � � Page 2 � ATTACHMENT 3 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT REVIEW NARRATIVE CAPE GIRARDEAU POLICE DEPARTMENT The City of Cape Girardeau received notification of this grant opportunity via email on Friday, June 22, 2007; well within the required 30-day review requirement. The agency has elected to submit the application, per the instructions in the notification email, even though the 30-day review has not been met. The governing body, namely the City of Cape Girardeau City Council, will receive and review the grant application on Monday, July 9�', 2007. The meeting in which this application review will take place is a public meeting that is aired on public access television. The public will, at that time have an opportunity to comment. � � � CITY OF CAPE GIRARDEAU Office of the City Manager Gouncil Letter No. 17 2 Agenda July 9, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Emergency Shelter Grant Program (ESGP) - Agreement with The Salvation Army and Agreement with the Safe House for Women, Inc. On June 4, 2007 the City received an Emergency Shelter Grant from the State Department of Social Services. The Salvation Army and the Safe House for Women, Inc. will be providing essential services, preventive services, and funds for operation in connection with the grant. This is the same program that has been funded through the City for the last fifteen years, and � the City will be providing the necessary administrative senrices. Last year's grant was for $27,824 and this year's is for$27,824.00. On your agenda are resolutions authorizing the City Manager to enter into agreemerrts with the Salvation Army and the Safe House for Women, Inc. to provide the services needed under the Emergency Shelter Grant. The staff requests that the Council approve these resolutions. Res ctFully submitted, Kent M. atton Director of�lanning Services � ��'G� Dougi s K. Leslie City Manager KBM/DKUssw � BILL NO. 07-124 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAFE HOUSE FOR WOMEN, INC. FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES - DIVISION OF FAMILY SERVICES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement witl� the Safe House for Women, Inc . for Emergency Shelter Grant Funds from the Missouri Department of Social Services - Division of Family Services . A copy of said 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 � � AGREEMENT THIS AGREEMENT, made and entered into this day of , 2007 by and between the City of Cape Girardeau, Missouri, a municipal corporation (hereinafter "City"), and the Safe House for Women, Inc. (hereinafter "Safe House"). WITNESSETH: WHEREAS, the City has received Emergency Shelter Grant Funds from the Missouri Department of Social Services— Family Support Division; and WHEREAS, the Safe House has submitted a proposal to provide services to the homeless of Cape Girardeau, which has been approved by the Missouri Department of Social Services — Family Support Division. NOW THEREFORE, for and in consideration of their mutual covenants and promises hereinafter set forth, the City and Safe House agrees as follows: 1. The Safe House will provide the services outlined in its proposal, a copy of � which is attached hereto and made a part of this agreement. 2. The Safe House will provide all local cash and in-kind match as outlined in its proposal. 3. Upon presentation of proper documentation by the Safe House, the City will reimburse the Safe House for all costs, not to exceed Seven Thousand Five Hundred Dollars ($7,500.00) incurred in providing services as outlines in the Safe House proposal. In no event shall the Safe House be paid from any City funds other than funds received by the City from the State of Missouri as part of an emergency shelter grant. 4. Services provided under this agreement shall be completed no later than March 31, 2008. 5. The Safe House agrees to comply with federal regulations applicable to Emergency Shelter Grant projects, including, but not limited to, conflict of interest, equal employment opportunity, Section 3, female employment, affirmative action, and lead-based paint prohibition. � 1 � � 6. The Safe House agrees to cooperate with City in the City's compliance with all provisions of its Emergency Shelter Grant Agreement with the State of Missouri. 7. In addition to, and not in substitution for, other provisions of this agreement regarding the provision of essential services and/or the payment of operational costs for emergency shelters pursuant to the Emergency Shelter Grant Program, the Safe House: a. Represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; and b. Agrees that, in connection with such essential services and operational costs: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not deny employment � or give preference in employment to persons on the basis of religion; 2. It will not discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, or exert no other religious influence in the provision of services or the use of facilities or furnishings assisted in any way under this agreement. � 2 s IN WITNESS WHEREOF, the parties have caused this agreement to be � executed by their properly authorized representatives. CITY OF CAPE GIRARDEAU Douglas K. Leslie City Manager ATTEST: Gayle L. Conrad, City Clerk APPROVED AS TO FORM: �/ W. Eric Cunningham, City Attorney SAFE HOUSE FOR WOMEN, INC. /�av,�,tien L��„�t,a Ga.�rv�e� —�xeu.��u e. D�rec�� (Typed Name & Title of Signer) � 3 a�'etiaqp�V �r '+°+'° p n °a°a . � .J � �� T�� : F�L� .. 0% � ,, N o� MISSOURI ?O� MATT BLUNT DEPARTMENT OF SOCIAL SERVICES ForheaR gandspeeOchRmpaired GOVERNOR FAMILY SUPPORT DIVISION TExi TE�EPHONE P.O.BOX 2320 1-800-735-2966 JEFFERSON CITY 65103 vOiCE Telephone:573-751-3221 1-80Q735-2466 May 29, 2007 The Honorabie Jay B. Knudston Mayor 401 independence St. P. O. Box 617 Cape Girardeau, MO 63703 Dear Mayor Knudston: Piease accept this letter as a formal grant award notice from the state of � Missouri's FFY 2007 Emergency Shelter Grant Program (ESGP), governed by Federai Statute Stewart B. McKinney Homeless Assistance Act of 1987, Title IV, as amended (US. Code: 42 USC 11371 et seq). The ESG streamlined regulations are part of the Code of Federal Requlations at 24 CFR 576, published in the Federal Reaister October 2, 1996, and became effective November 1, 1996. To learn more about the federal laws, regulations, and program procedures that apply to the ESG Program, please review the ESG Program Desk Guide at � I ht�://www.hud.qov/offices/cpd/homeless/library/esa/es deskguide/ It should be noted that ESGP funds may not be obligated or expended for � activities or projects that have not been cleared from environmental conditions. Applicable requirements of 24 CFR 576.57(e) concern Environmental i Review/Compliance responsibilities under the National Environmental Policy Act I of 1969 and related authorities as specified in 24 CFR Part 58. I Enclosed is a contract for the 2007 ESGP. Please review, sign, and return the j document at your earliest convenience to: Kit Glover � ESG Program ; � . Family Support Division � PO Box 2320 Jefferson City, MO 65103-2320 � i 1 , � � Additionally, it should be noted that this contract is between the local government and the state. As such, administrative oversight rests with the local � authority and carries with it compliance and fiscal responsibilities. The local ' governing authority must submit invoices for reimbursement on behalf of the sub-recipients listed below. As the contractor, you may, upon written request to the Division and on behalf of the sub-recipient, request a working advance of funds in an amount equal to either 30 days c4sh need or$5,000.00, whichever amount is greater. If such a request is made, please submit the following: • Signed letter from local government to the Family Support Division describing the basis for the advance • The amount of advance requested in the applicable five budget categories: o ESGP Administration o Rehabilitation o Operptions o Essential Support Services o Prevention Services • rom�!ete� Reciai�nt 4eauest ior Reimbursemenfi anci Financi4l Status � Report: Form 886-2260 (rev. 05/2007j Also enclosed is a document titled "Grantee/Contractor Guidelines At A Glance" which is intended to serve as broad guidance to ESG Program administration from the grantee/contractor's perspective. The grant award is based upon the budget you submitted for consideration. If a categorical adjustment/sub-recipient allocation of funds is required, please so advise prior to your obligation of funds. The following represents the approved amounts of st4te funds by category and proposed sub-recipient for your contract. If you submitted a request on behalf of a sub-recipient whose application was not recommended for funding, you will note that zeroes appear in all categories. NOTE: It is the responsibility of the grantee/conhactor to notify sub-recipients in the event fundtng is not recommended. � 2 � a' � Total Award: $ 27,824.00 m � � u � � � � o � � ° c � t � � > Sub-recipient Q � o ,� � Total City Of Cape Girardeau $0.00 $�•00 $�•00 $�•� $�•� �•� Administration Safe House-Women .00 .00 6.500.00 1.000.00 0.00 7.500.00 The Salvatfon Arm .00 .00 ,000.00 ,000.00 10,324.00 20,324.00 Both the state and the U.S. Department of Housing and Urban Development have placed significant emphasis on the timely obligation and expenditure of ESG funds. The attached contract covers senrice delivery beginning April 1, . 2007, through March 31, 2008. Contractors are required to obligate funds no � later than 180 days after the State makes the grant available. The State may :recapture any grant amounts that a �ontrcctor �oes not�bligate. In addition, the State expects all contractors to expend ESGP funds during the 12 month contract period. Contractors who are uncble to expend ESGP funding within that period may risk a reduction in future ESGP funding. Please monitor sub- recipient expenditure levels to ensure that all funding is expended by the end of the contract period, March 31, 2008. If you have any questions about the ESGP contract or reimbursement procedures, please contact Kit Glover. Si cerely, �� - ..:. .. _ , Janel R. Luck Director � JRL:kg Enclosures � cc: Steve Williams, Housing Assistant C,00rdinator 3 BILL NO. 07-125 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY OF CAPE GIRARDEAU FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES - DIVISION OF FAMILY SERVICES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with the Salvation Army of Cape Girardeau for Emergency Shelter Grant Funds from the Missouri Department of Social Services - Division of Family Services . A copy of said 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 � AGREEMENT � THIS AGREEMENT, made and entered into this day of , 2007, by and befinreen the City of Cape Girardeau, Missouri, a municipal corporation (hereinafter "City"), and The Salvation Army (hereinafter "Salvation Army"). WITNESSETH: WHEREAS, the City has received Emergency Shelter Grant Funds from the Missouri Department of Social Services — Family Support Division; and WHEREAS, the Salvation Army has submitted a proposal to provide services to the homeless of Cape Girardeau, which has been approved by the Missouri Department of Social Services — Family Support Division. NOW THEREFORE, for and in consideration of their mutual covenants and promises hereinafter set forth, the City and Salvation Army agrees as follows: 1. The Salvation Army will provide the services outlined in its proposal, a copy of which is attached hereto and made a part of this agreement. �,;,;,,,� 2. The Salvation Army will provide all local cash and in-kind match as outlined in its proposal. 3. Upon presentation of proper documentation by the Salvation Army, the City will reimburse the Salvation Army for all costs, not to exceed Twenty Thousand Three Hundred Twenty-four pollars ($20,324.00) incurred in providing services as outlines in the Salvation Army proposal. In no event shall the Salvation Army be paid from any City funds other than funds received by the City from the State of Missouri as part of an emergency shelter grant. 4. Services provided under this agreement shall be completed no later than March 31, 2008. 5. The Salvation Army agrees to comply with federal regulations applicable to Emergency Shelter Grant projects, including, but not limited to, conflict of interest, equal employment opportunity, Section 3, female employment, affirmative action, and lead-based paint prohibition. � 1 � 6. The Salvation Army agrees to cooperate with City in the City's compliance with all provisions of its Emergency Shelter Grant Agreement with the State of Missouri. 7. In addition to, and not in substitution for, other provisions of this agreement regarding the provision of essential services and/or the payment of operational costs for emergency shelters pursuant to the Emergency Shelter Grant Program, the Salvation Army: a. Represents that it is, or may be deemed to be, a religious or denominational institution or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; and b. Agrees that, in connection with such essential services and operational costs: 1. It will not discriminate against any employee or applicant for employment on the basis of religion and will not deny employment � or give preference in employment to persons on the basis of �� religion; 2. It will not discriminate against any persons seeking emergency shelter and related services on the basis of religion and will not limit such services or give preference to persons on the basis of religion; and 3. It will provide no religious instruction or counseling, conduct no religious worship or services, engage in no religious proselytizing, or exert no other religious influence in the provision of services or the use of facilities or furnishings assisted in any way under this agreement. � 2 . IN WITNESS WHEREOF, the parties have caused this agreement to be � executed by their properly authorized representatives. CITY OF CAPE GIRARDEAU Douglas K. Leslie City Manager ATTEST: Gayle L. Conrad, City Clerk APPROVED AS TO FORM: W. Eric Cunningham, City Attorney � The Salvation Army ai{ilinois Carporation THE SALVATION ARMY OF CAPE GIRARDEAU �'�'�� Robert A. Doliber AssistantTreasurer (Typed Name & Title of Signer) � 3 . a b°e°a°°'�s � . .' a� o°a°°tr e°j�naa �F�, � F/yF ,, O�� . � . `�o MISSOURI ��Q� MATT BLUNT DEPARTMENT OF SOCIAL SERVICES ForheanR'ng andspeeOchRmpaired GOVERNOR FAMILY SUPPORT DIVISION TEXT TELEPHONE P.O.BOX 2320 1-800-735-2966 JEFFERSON CITY 65103 voICE Telephone:573-751-3221 1-800-735-2466 May 29, 2007 The Honorable Jay B. Knudston Mayor 401 Independence St. P. O. Box 617 Cape Girardeau, MO 63703 Dear Mayor Knudston: Please accept this letter as a formal grant award notice from the state of � Missouri's FFY 2007 Emergency Shelter Grant Program (ESGP), governed by Federal Statute Stewart B. McKinney Homeless Assistance Act of 1987, Title IV, as amended (US. Code: 42 USC 1 1371 et seq). The ESG streamlined regulations are part of the Code of Federal Rectulations at 24 CFR 576, published in the Federal Reaister October 2, 1996, and became effective November 1, 1996. To learn more about the federal laws, regulations, and program procedures that apply to the ESG Program, please review the ESG Program Desk Guide at http://www.hud.gov/offices/��homeless/library/esq/esadesk uide It should be noted that ESGP funds may not be obligated or expended for activities or projects that have not been cleared from environmental conditions. Applicable requirements of 24 CFR 576.57(e) concern Environmental Review/Compliance responsibilities under the National Environmental Policy Act of 1969 and related authorities as specified in 24 CFR Part 58. Enclosed is a contract for the 2007 ESGP. Please review, sign, and return the document at your earliest convenience to: Kit Glover ESG Program � Family Support Division " PO Box 2320 Jefferson City, MO 65103-2320 1 . � ;� Additionally, it should be noted that this contract is between the local government and the state. As such, administrative oversight rests with the local � authority and carries with it compliance and fiscal responsibilities. The local ' governing authority must submit invoices for reimbursement on behalf of the sub-recipients listed below. As the contractor, you may, upon written request to the Division and on behalf of the sub-recipient, request a working advance of funds in an amount equal to either 30 days cash need or$5,000.00, whichever amount is greater. If such a request is made, ple4se submit the following: � Signed letter from local government to the Family Support Division describing the basis for the advance • The amount of advance requested in the applicable five budget categories: o ESGP Administration o Rehabilitation o Operations o Essential Support Services o Prevention Senrices • rom�!eteC Reciabent Reauest ior Reimbursemenfi anci Financial Status � Reporf: Form 886-2�60 (rev. 05/2007) Also enclosed is a document titled "Grantee/Contractor Guidellnes At A Glence" which is intended to serve as broad guidance to ESG Program administration from the grantee/contractor's perspective. The grant award is based upon the budget you submitted for consider4tion. If a categorical adjustment/sub-recipient allocation of funds is required, please so advise prior to your obligation of funds. The following represents the approved amounts of state funds by category and proposed sub-recipient for your contract. If you submitted a request on behalf of a sub-recipient whose application was not recommended for funding, you will note that zeroes appear in all categories. NOTE: It ls the responsibility of the grantee/contractor to notify sub-reciplents in the event funding is not recommended. � 2 � � �� ,► , � Total Award: $27,824.00 �, u � � � O y C �S � � —o �° o �c m Sub-recipient , a � o ,� ; Total City Of Cape Girardeau $0.00 $0.00 $0•00 $�•00 $0.00 $�•00 Administration Safe House-Women .00 .00 6,500.00 1,000.00 .00 7,500.00 The Salvation Arm .00 .00 5,000.00 ,000.00 10,324.00 20,324.00 Both the state and the U.S. Department of Housing and Urban Development have placed significant emphasis on the timely obligation and expenditure of ESG funds. The attached contract covers service delivery beginning April 1, . 2007, through March 31, 2008. Contractors are required to obligate funds no � later than 180 days after the State makes the grant available. The State may :recapture any grant amounts thMt a contractor uoes not obligate. In addition, the Sfcte expects all contractors to expend ESGP funds during the 12 month contract period. Contractors who are uncble to expend ESGP funding within that period may risk c reduction in future ESGP funding. Please monitor sub- recipient expenditure levels to ensure that all funding is expended by the end of the contract period, March 31, 2008. If you have any questions about the ESGP contract or reimbursement procedures, please contact Kit Glover. Si cerely, �� . . . � Janel R. Luck Director JRL:kg Enclosures � cc: Steve Williams, Housing Assistant Coordinator 3 � CITY OF CAPE GIRARDEAU,NIISSOURI Office of the City Manager Council Letter No. 17 3 Agenda July 09,2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri Subject: Resolution Authorizing the City Manager to Enter Into a Contract with Koehler Engineering and Land Surveying, Inc. for Professional Services for the Lewis and Clark Parkway Deaz Mayor and Council Members: On Apri13,2006,City Council authorized an addendum to the General Services contract with Koehler Engineering and Land Surveying for the design of Technology Park Drive. This project would be from the existing County Road 618 northward to the future location of the proposed LaSalle Avenue. The engineering contract has not been utilized because the developer for Southeast Missouri State University has not chosen an alignment for the roadway. Recently,MODOT requested a new fonnat to the engineering contract to meet certain Federal Highway standards. Attached for your consideration is a new � engineering services contract with Koehler Engineering and Land Surveying, Inc. that will reptace the previously mentioned contract and meet all of the MODOT requirements. In addition to the new cont�act,the roadway name has been changed to the"Lewis and Clark Parkway." This contract includes topographic,property and utility surveys,arrange for subsurface investigations, conduct hydraulic studies,prepare alternative designs and cost estimates,develop preliminary plans,prepare detailed construction plans,cost estimates,specifications and related documents as necessary for the purpose of soliciting bids for constructing the project,and all other things necessary to complete the project.The cost for the design services and construction administration of this project shall not exceed one hundred seventeen thousand, seven hundred thirty-five dollars,and forty-six cents($117,735.46). Therefore,this revised addendum to the General Services Contract between the City of Cape Girardea.0 and Koehler Engineering anci I�and Surveying, Inc. is presented far Council consideration and action contingent upon MODOT approval. Res ctfully submitted ..___ _.� � Jay Stencel,P.E. City En 'neer �� Douglas K.Leslie � � City Manager JS/DKUka � BILL NO. 07-126 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC. , FOR PROFESSIONAL SERVICES FOR LEWIS AND CLARK PARKWAY, 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 an Agreement with Koehler Engineering and Land Surveying, Inc . , for professional services for Lewis and Clark Parkway, in the City of Cape Girardeau, Missouri . A copy of said 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 � x�� SPONSOR: The Citv of Caue Girardeau,Missouri � CART ROAD NO./STREET: Lewis and Clark Parkwav PROJECT BRO/STP: n/a PROJECT NAME: Lewis and Clark Parkwav Phase I THIS CONTRACT is between the City of Cape Girardeau, Missouri, hereinafter referred to as the "Local Agency", and Koehler Engineering and Land Surveying, Inc., 194 Col�er Lane, Cape Girardeau, Missouri, hereinafter referred to as the "Engineer". INASMUCH as funds have been made available by the Federal Highway Administration through its Surface Transportation Enhancement Program (STP) coordinated through the Missouri Department of Transportation, the Local Agency intends to construct a new arterial roadway, 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: 1. determine the needs of the Local Agency for the project; �' 2. conduct topographic, property and utility surveys sufficient to 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 plans, estimates and studies for review by the Local Agency and the 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; 7. secure adequate property title information, deternune right-of-way requirements, prepare right-of-way plans, and assist the Local Agency in acquiring the right-of-way deeds needed for the project; � FIG. VI- 1 - 1 Revised O1-01-06 �A' � � 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, a.rrange 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 obtauung 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 3. assist the Local Agency in evaluating bids and requesting concurrence in award from MoDOT; C. CONSTRUCTION PHASE - The Engineer will assist the Local Agency's representative in administering the terms of the construction contract between Local Agency and their Contractor. The predominant responsibility for the administration of the construction phase will be that of the Local Agency, and carried out by their forces. When requested to provide supplemental construction phase services, the 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. Local Agency and the Engineer's services will include more specifically as follows: 1. assist 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 / consultant's � forces. The Engineer will accompany MoDOT and FHWA representatives on visits of the project site as requested; FIG. VI- 1 -2 Revised 01-01-06 ±', �{ 3. review and checking 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. 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. structure layout; � b. excavation and backfilling; c. driving of piles; d. checking of reinforcing steel prior to concrete placement; e. concrete batching and pouring; f. placement of girders; and g. 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. V FIG. VI- 1 -3 Revised 01-01-06 �y .! � ARTICLE III-RESPONSIBILITIES OF LOCAL AGENCY 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 periodically 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 75 calendar days after receipt of notice to proceed; B. Final Design Phase - With 75 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 e�ensions of time should be requested in writing by the � Engineer, stating fully the reasons for the request. FIG. VI- 1 -4 Revised O1-0I-06 �, . � ARTICLE V- STANDARDS ` � V 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 predeternuned fixed fee of $_12,102.55 , with a ceiling established for said design services in the amount of $ 96,286.25 , which amount shall not be exceeded. B. For construction inspection services, the Local Agency will pay the Engineer the actual costs incurred plus a predeternuned fixed fee of$_2,797.72 , with a ceiling established for said inspection services in the amou.nt of$_21,449.21 ,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 II - ADDITIONAL SERVICES. D. Actual costs in Sections A and B above are defined as: 1. Actual payroll salazies paid to employees for time that they are productively engaged in work covered by this contract, plus 2. An amount estimated at 25.35 % 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 155.67%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 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 �II FIG. VI- 1 - 5 Revised 01-01-06 �, , � 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 fmal 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 172 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: (list services, such as surveying, foundation borings and tests, abstracts of title, archaeological studies, material testing). 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 FIG. VI- 1 - 6 Revised 01-01-06 {� J 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 fmal payment by FHWA. Said records shall be made available for inspection by authorized representatives of the Local Agency, MoDOT or the federal government during regulaz 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 or completion 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 postponed by the Local Agency, the Engineer will be paid for actual expenses incurred up to the date of termination, plus a pro-rated portion of the fixed fee. If the contract is ternunated due to the Engineer's services being unsatisfactory in the judgment of the Local Agency, or if the Engineer fails to prosecute the work with due diligence, the Local Agency 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 fmal and conclusive. 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. � FIG. VI- 1 - 7 Revised 01-01-06 �, . � 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 aze 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 e�ibits 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. � FIG. VI- 1 - 8 Revised 01-01-06 1„ � � Executed by the Engineer this�day of 2007. Executed by the County/City this_day of , 2007. FOR: The Citv of Girardeau,Missouri BY: Mayor ATTEST: � � City Clerk FOR: Koehler En ' eerin and urve in Inc. �: � " � BY: Chris Koehler, PE,PLS, President V ATTE T: Lois Ko er, ecretary 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 COUNTY AUDITOR- 1 st and 2nd Class Counties COiTNTY CLERK- 3rd and 4th Class Counties � FIG. VI- 1 - 9 , r Revised 01-01-06 Y d � Attachment 1 Preliminary Opinion of Probable Construction Costs For: . ..- .•. . Item# Description Units Cost/Unit #Units Extended Cost 1 Clearing&Grubbing LS $ 15,000.00 1 $ 15,000 2 Earthwork Cu.Yd. $ 2.50 70,000 $ 175,000 3 Erosion Control During Projed Construction LS $ 25,000.00 1 $ 25,000 4 Rock Excavation Cu.Yd. $ 135.00 1,000 $ 135,000 5 8"P.C.Concrete Pavement on 4"Aggregate Base Sq.Yd. $ 26.00 24,148 $ 627,&48 6 Triple 12'x10'Box Culvert LF $ 1,350.00 130 $ 175,500 7 Single 8'x10'Box CuNert LF $ 490.00 300 $ 147,000 8 Additional Storm Sewer LS $ 190,000.00 1 $ 190,000 9 Pavement Striping LF $ 1.10 11600 $ 12,760 10 Final Seeding&Mulching Ac. $ 1,800.00 11.5 $ 20,700 11 Insurance,Permits,Bonding,etc. LS $ 40,000.00 1 $ 40,000 12 Mobilization&Demobilization LS $ 25,000.00 1 $ 25,000 13 6'Wide Sidewalks SF $ 2.50 43,200 $ 108,000 14 Street Lights EA $ 2,600.00 17 $ 44,200 15 Electric Conduit&Wiring LS $ 50,000.00 1 $ 50,000 Constructlon Sub-Total S 1,791,008 13 Contingency 15% $ 1,791,008 1 $ 268,65t 14 Right of Way Acquisition(Furnished 100%by City; Ac. $ 25,000.00 5.6 $ 140,000 15 Environmental&Cultural/Historical Assessmerts LS $ 15,000.00 1 $ 15,000 16 Engineering Design LS $ 90,950.00 1 $ 96,286 17 Construction Administration LS $ 95,000.00 1 $ 95,000 � Administrative Sub-Total 5 614,937 ProjectTotal: $ 2,405,945 . - 1 The preliminary opinion of probable construction costs is based upon preliminary estimates and is not based upon actual plans. 2 Unit Costs expressed above were derived from historical cost data for projects within the project vicinity,and experience with the Construction Industry on similar projects. 3 Since the Engineer has no control over the cost of labor,materials,or over equipment,or over the contractor's methods of determining unit prices,or over competitive bidding or market conditions,opinions of probable construction costs represent the engineer's best judgment as a design professional familiar with the construction industry. However,the engineer cannot and does not guarantee that proposals,bids,or the construction costs will not vary from opinions of probable construction costs for the owner. 4 Since the information regarding the depth of rock within the project limits is presently unavailable,the engineers best judgment was used to determine rock quantities. Additional geotechnical data should be obtained prior to finalization of project plans. 5 The City of Cape Girardeau is to be credited the full amount indicated herein for right of way acquisition,but intends to attempt to negotiate a donation of the right of way for the roadway from the property owner. � � d ATTACHMENT A1 ENGINEERING SERVICES FEE SCHEDULE(DESIGN) � COST 8�PRICE SUMMARY FORMAT DATE APRIL,2007 PROJECT NAME: LEWIS&CLARK PARKWAY,PHASE 1 PROJECT LOCATION: CAPE GIRARDEAU,MISSOURI PROJECT NUMBER: TBD DIRECTLABOR HOURS RATE COST TOTALS Prinapal Engineer 240 $ 30.00 $ 7,200.00 Engineer I 240 $ 26.92 $ 6,460.80 Engineer II 200 $ 25.48 $ 5,096.00 Draftsman I 300 $ 15.50 $ 4,650.00 Secretarial 60 $ 11.00 $ 660.00 Registered Land Surveyor 32 $ 27.50 $ 880.00 Survey Party Chief 100 $ 26.25 $ 2,625.00 Survey Rodman 100 $ 10.00 $ 1,000.00 Direct Labor Total: INDIRECT COST(OVERHEAD) DIRECT LABOR DISTRIBUTION BASE 181.02 x Direct Labor Total INDIRECT COST: OTHER DIRECT COST Postage 8 Telephone: $ 94.22 Mileage 200 0.485 $ 97.00 Copies and Reproduction(Excluding Bid Sets) $ 200.00 � OTHER DIRECT COST TOTAL: SUBTOTAL EXCLUSIVE OF FIXED FEE: FIXED FEE 15%*SUBTOTAL Geotechnical Investi ation Cultural/Historical Resources Surve : Provided b SE Universi for Phase I OTAL ENGINEERING FEE FOR DESIGN PHASE SERVICES: � � • ATTACHMENT A2 4 ENGINEERING SERVICES FEE SCHEDULE(LIMITED CONSTRUCTION PHASE SERVICES) COST&PRICE SUMMARY FORMAT DATE APRIL,2007 PROJECT NAME: LEWIS&CLARK PARKWAY, PHASE I PROJECT LOCATION: CAPE GIRARDEAU,MISSOURI PROJECT NUMBER: TBD 1 DIRECT LABOR HOURS RATE COST TOTALS Principal Engineer 24 $ 30.00 $ 720.00 Engineer I 16 $ 25.96 $ 415.36 Engineer II 64 $ 20.67 $ 1,322.88 Inspector 1 80 $ 1923 $ 1,538.40 Inspector 2 80 $ 14.50 $ 1,160.00 Laboratory Technician 16 $ 12.50 $ 200.00 Draftsman 16 $ 14.50 $ 232.00 Secretarial 16 $ 10.00 $ 160.00 Registered Land Surveyor 8 $ 27.50 $ 220.00 Survey Party Chief 16 $ 26.25 $ 420.00 Survey Rodman 16 $ 10.00 $ 160.00 Direct Labor Total: INDIRECT COST(OVERHEAD) DIRECT LABOR DISTRIBUTION BASE 181.02 x Direct Labor Total INDIRECT COST: OTHER DIRECT COST Postage&Telephone: $ 100.00 Mileage 100 0.485 $ 48.50 Materials $ 100.00 OTHER DIRECT COST TOTAL: SUBTOTAL EXCLUSIVE OF FIXED FEE: FIXED FEE 15%"SUBTOTAL TOTAL ENGINEERING FEE FOR LIMITED CONSTRUCTION PHASE SERVICES: � � a EXHIBIT 'B' OVERHEAD RATE DEVELOPMENT (MoDot Method) KOEHLER ENGINEERING& LAND SURVEYING, INC. � 2006 OVERHEAD SUMMARY Percenta e of OVERHEAD ITEM Direct Labor VACATIONS 1.37% HOLIDAYS 3.59% SICK PAY 0.03% HEALTFI INSURANCE 7.60% PAYROLL TAXES 11.60% 1tE'1'IRE11�N'r 1.16%u TOTAL DIRECT OVERHEAD 25.35 GENERAL AND ADMINISTRATIVE OVERHEAD ADVERTISING 0.00% UTILITIES 1.64% BANK CHARGES 0.06% BOOKS AND MANUALS 0.25% COMPUTER SOFI'WARE 4.19% CONTRACTUAL SERVICES 25.35% COUNTY COLLECTOR 1.67% � DEPRECIATION 23.36% DUES AND SUBSCRIPTIONS 0.30% EOUIPMENT RENTAL 0.50% INSURANCE EXPENSE 15.17% INTEREST EXPENSE 0.00% LAUNDRY-UNII'ORMS 0.45% LEGAL AND ACCOUNTING F'EES 0.44% LICENSES 0.42% MISC TAXES AND LICENSES 0.2T% MISCELLANEOUs 0.13% OFFICE SUPPLIES 4.65% SURVEYING SUPPLIES 13.81% POSTAGE AND SHIPPING 1.02% PROFESSIONAL FEES 5.76% RENTAL EXPENSES 7.88% REPAIRS AND MAINTENANCE 0.37% ADMINISTRATION WAGES 33.36% SENIINARS 1.22% TELEPHONE 2.55% VEffiCLE EXl'ENSES 10.86% TOTAL GENERAL AND ADMINISTRATIVE OVERHEAD 155.67 � • y � ATTACHMENT C CERTIFICATION REGARDING DEBARMENT, SUSPENSION,AND OTI�R RESPONSIBILITY MATTER5- PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this 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 prospective prirnary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 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. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "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 that, 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. � 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and FIG. VI- 1 - 10 Revised 01-01-06 .. r Voluntary Exclusion--Lower Tier Covered Transaction" provided by the department or r� � 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 of its principals. Each participant may, but is not required to check the Nonprocurement List (Tel. #). . 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 pazagraph 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 �,,� 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, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph(1)(b) of this certification; and 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. � FIG.VI- 1 - 11 Revised Ol-01-06 •, « � 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. � � FIG. VI- 1 - 12 Revised 01-01-06 �. « . ATTACHMENT D l � �,.! 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, meligible, lower tier covere 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 ma.y 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 further 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 ma.y 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. #). � FIG.VI- 1 - 13 Revised 01-01-06 �! � /� 8. Nothing contained in the foregoing shall be construed to require establishment of a system of �e � 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 voluntaxily 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. � FIG. VI- 1 - 14 Revised 01-01-06 ., City of Cape G i rardeau ��w�i��j�� 401 INDEPENDENCE �c � -„ �� I ` U\ POBOX617 �� •'�,k�r��•. ,. t: i:,, � ,;,, o CAPE GIRARDEAU MO 63702 '`, % ;�, �I � - '` .� PH: 573-334-1332 FAX: 573-334-5865 # �,o g1 */ • ,��L; INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 7-2-07 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from MARISHAH,LLC, d/b/a CAPE MART located at 102 MASON ST. for an ORIGINAL PACKAGE LIQUOR& SUNDAY SALES license. Contact number is 404-784-0695. Please complete inspection and return to Customer Service. � Referred to Police Department 7-2-07 � (�q�f( �C,N�� . Referred to City Inspector 7-2-07 � Referred to Fire Inspector 7-2-07 (�U��.�``�t�.. Notice(sign) given to Applicant: N/A for Council Meeting on 7-9-07 APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT � CTI'Y , / � a�0`� INSPECTOR V / ,(�i ,., ��.�, HEALTH 1NSPECTOR FIRE / INSPECTOR V `�/3�p`� lt�_ �� The Police Department and City Inspectors have completed their assigned review,with comments as noted above. The license is hereby authorized to be issued. � DATE CITY MANAGER City of Cape Girardeau ,�'`=I�'xv�9 i b,4 U 401 INDEPENDENCE �� , POBOX617 ;� �� ,.. CAPE GIRARDEAU MO 63702 \ `'`, �` ., PH: 573-334-1332 FAX: 573-335-7946 � F / . ' �S�`� APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW App1��t: CAPE MART Managing Officer SHAH FAISAL Business Address: 102 MASON ST. Type of Liquor License: ORIGINAL PACKAGE LIQUOR & SUNDAY SALES Type of license in last 6 months: SAME \ � Approval of Applicant by Police Dep en • `,,,J° Date Signatur - 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 V 3 City of Cape Girardeau ,��'�'I�I�F�G ,` .j �' 401 INDEPENDENCE /c � r' ` u. POBOX617 :r �� 1 ,, o� ;�� c•/ ' CAPE GIRARDEAU MO 63702 � -� �' � � PH: 573-334-1332 FAX: 573-335-7946 �� F v 41 # �S F,AL/ APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: CAPE MART Managing Officer SHAH FAISAL Business Address: 102 MASON ST. Type of Liquor License: ORIGINAL PACKAGE LIQUOR & SUNDAY SALES Type of license in last 6 months: SAME � Approval of Applicant by Police Department: Date Signature Inspection Personnel: Zoning Classification ` `� �, The applicant(is is not)r quired to post the notice required under, Sec. 5-33-a. The applicant(has, as not osted for 10 days the notice required under Sec. 5-33-1-a This structur (is, 's not)within 200 feet of a church or school building or resident. Sec. 5-6 This structur (is,is not)zon � d 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 � CITY OF CAPE GIRARDEAU POLl'CE DEPARTM�NT � LIQUUR ESTABLISHI�IEN7'ACTIVITYREPORT NAME OFB�'ISINESS: MARISI�AHLLC,d/d✓a CAPE�IART BiISINCSSADDRESS: 102 MasoR 5t MANAGING OFFICER: Shah Fa�sal DA?E OFREVIEW: July 2,Z00� SUMI�LARY OFACTIYITIES EFFEGTING THE ESTABLISHMENT: There is no crfmi»al history on record for Mr. Faisal. This is for a new l�quor licerrse for package liquor arrd Sunday sales at the above location. There was orrly or�e incfde�t that occurred at the above address requfring police interventfon within the past twelve months: ,Qssault-1 incident. � � ^ , _ �� \�� ,� A n' , of P e Lfeutenmrt J k Wimp, `"� Arrxillury Sen+�D�vi�o�e CGPD Form#112 � CTTY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 17 4 Agenda July 9,2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Shuttle Service Dear Mayor and Council Members: Brad Isaac has requested licensure to provide shuttle service within Cape Girardeau. Based on the definitions within City ordinances, a shuttle service would be classified as a taxicab business and therefore,requires City Council approvai. � As stated in Sec. 15-206 of City code, "No person sha11 engage in, operate, or conduct tha business of carrying passengers for hire in rnotor vehicles over irregular routes in the city without a license therefore. Any person desiring to engage in the taxicab business shall make application to the city council for a taxicab license. The application shall contain the full name and address of the applicant, the date on which the license is to become effective, the place or location of the business, the period of time for which the license is applied for, and the make and trade name of all motor vehicles to be used in the business." Also stated in Sec. 15-207, "If the city council is satisfied that the applicant is a law-abiding citizen, is of good moral character and reputation, and is qualified, fitted and capable of engaging in, operating and conducting the taxicab business, the council may approve the application and authorize the issuance of a license." Attached is the application for business license for your review. Also attached for additional information, but not requiring City Council action, is the taxi cab application information that will be used if the general business license is approved. Respectfully submitted, ��,.�.1��. �--{o..�,c.� �. . � Trisha Holloway � Dou as K. Leslie � � Customer Service Manager City Manager F CITY OF CAPE GIRARDEAU 401 INDEPENDENCE � POBOX617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-334-5865 HOME-OCCUPATION BUSINESS LICENSE APPLICATION I hereby apply for a license to do business in a residential district and submit the following information: (Please answer each question completely) Applicant Name �rQ� �q�G Business Name �c} i pPf j��,' ,j�►�,c..�.�'� Address p�.'�QQ ��a,r.,� j�r �i,�7Q( Telephone (573�3�-�Co(� (street) (city) (zip code) Date of Birth��(�p�� 7,3 SSN �C{7- q�- ��c�q Business Start Date:[��j�'/��/(") `7 Type ofBusiness(describe in detail)�,�„�� , -ti��-� ; � 1;,,,�,, t�,�, hus �l,nt w;il e�a'Elc �,,,h, ,sc� ' -F�,,,sn�, w� _ �rnr� zv-a�,�� tec�;��, �I�+ �c rezh �[ et�.l a s�a �n0E�5�� ,nc.� �� . � � What services will be provided? S�n �;�a,- SH,�+�ie �,,;il 4��1a ��1 �s>,}Qie. c��,�l ;,��►i +r��zi t� SfJoS'�.r�a 2V��n�S�Wi 1?y;,N�o,�-S [��^�1n�,t,!!.} r%;v.r, r � r+�QS* t�e.o�i cs S c?�C,. What products or goods will be sold?__��,,,�_ MO. Sales Tax ID Number�/p� (copy of Missouri Sales Tax Certificate required if sales of anything other than services) Number of non-resident employees working at the premises at any given time (� What products or inventory will be kept on the premises, if any? ��rp� What building alterations or construction will be needed to accommodate the business? �o� What type of chemicals will be used or stored for business purposes? j�/��2. (Please answer"yes"or"no"to the following questions: Will equipment be used which creates Noise?�j�Vibration?��Glare?��_ Fumes?�_Smoke?�Dust? •�_Heat? ,�p Odor? r v Electrical or electronic � interference to radio or television reception? yi� CITY OF CAPE GIRARDEAU 401 INDEPENDENCE POBOX617 CAPE GIRARDEAU MO 63702 � PH: 573-334-1332 FAX: 573-334-5865 How many deliveries to this location are expected per day(excluding regular postal service)?�_ How many vehicle trips will be generated by business customers, clients and vendors(estimate trips per day on a weekly average)?�� I hereby give my consent to a pre-license inspection and subsequent annual inspections of the above described premises by the City Zoning Inspector and to a periodic audit of my financial records by the Finance Department. I also certify that the business will be operated as shown above and that any proposed deviation from the information furnished above will be first reviewed with the Customer Service Office. I have read the attached rules and regulations governing home-occupation businesses and understand the information contained therein. Signature of Applicant �,�,,,� �� Date (r��,��,/(�7 (Do not write below this li e Building Inspector ' Date "2?--� � Fire Inspector Date (if required) Health Inspector Date (if required) City Collector Date � � TAXI CAB APPLICA TION INFORMA TION Any person desiring to engage in the taxicab business shall make application to the city council for a taxicab license. The application shall contain the full name and address of the applicant, the date on which the license is to become effective, the place or location of the business,the period of time for which the license is applied for, and the make and trade name of all motor vehicles to be used in the business. No license to engage in the taxicab business shall be issued until the applicant has filed a liability insurance policy or bond or contract with some insurance company or association or other insurer. (Article VII, Sec. 15-206,209) 1. Applicant's Name ��a� ` �',�Q 2. Applicant's Address o��C�(� � ��•7Q �r 3. Effective Date �� - �-�`7 ?� 4. Place of Business � (� t D'7 . 5. Application period ►'�`� �,�. c i os � 6. Make&Trade of Vehicles 1�Iq R C1�vr�� La rno a � For Office Use Only: Liability Insurance Received_�(attach copy to application) � � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Letter No. 17 5 Agenda Julp 9,2007 The Honorable Mapar And Members of the City Council City of Cape Girardeau,Missouri Dear Mayor asid Council Members: RE: Consideration of an Application for a Special Use Permit for a Pro}ect for Wluch an Identical application was Rejected in June,2007 In May,2007,the Planning Services Office received an application for a Special Use Permit from Wapfield,LLC., Stacy Mansfield,pattnex,for residential uses in a G1 Loca1 Commexcial District and a Community Unit Plan for more tha.n one main building on the � lots. The applicarion was processed for the June 13`�Planning and Zoning Commission meetin�. At the June 13�`P&Z meering the applica.tion was heard. Neither the applicant nor his representative was present at the meering,but five people ftom the neighborhood appeared in opposition (please note the attached draft P&Z minutes from tha.t meeting�. Prior to the , meeting,Mr.Mansfield was sent two letters which sta.ted when the application would be considered (see copies atta.ched}. The Planning and Zoning Commission voted to recommend rejection of the application to the City Council. , The Citp Council considered the P&Z recommenda.tion on this application at its June 18`� meeting and voted to file the P&Z's recommendation. Neither the applicant nor his representative appeared at that meeting to request a public hearing After the Council's action,the Citp Planner sent a letter(copy atta.ched) to Mx. Mansfield informing him that he could request a public hearing in writing within ten days. No request for a hearing was xeceived,therefore the application was rejected. On June 15'�,the applicant's consultant filed a new application xequesting rezoning of the property to G2 General Commercial. This was followed on June 20`�with a letter from the consultant withdra.wing the xezoni.ng application and refiling the original special use permit application. (copp attached with application). The City Attorney determined that the propex action upon the refiling of the original � application, following its rejection,was to refer it to the City Council fox its consideration under Section 30-5(e) of the Zoning Ordinance,which reads as follows: Sec. 30-5.Amendments. � (e) The citq council map reject an application without referring it to the . pL�,nning and zoning commission and without publishing a notice of hearing if thc application is made within two (2)pears of the city council's rejection of a previous application seeking an amendment for the same or a larger or a smaller included tract Bp motion,the City Council inay reject the refiling of this application or refer it to the Planning and Zoning Commission fox their reconsideration. Resp ctfi,lly Submi d, . ent M.Bratton City P ex � Do las K Leslie City Managex � � ....... .............�:..1.+;:;�;�:<•:y:�+:• :$:{'y,;:;{i:;:�i::;'rii:i�:>•'.•:i�•:}ti:i::::ii'r':v:::1'� tL.S:: i'�l;�:�; :•!'i>:{�'•:•ii'r:C�:• 4:1!�:�i��ti;�+�;i:': r��C•.i:•{{::i •4w.\:: :.•;ry....,`};;. :1::.�;,:.i`.:';;.::::'v:'t;:. ;<�:::,>:>;>:<:v June 14 2007 • .:��;::<::: , �`��:;;:� ::>s;�:;;:;:><;<:;;;:_:::<::::::>�> .: ..t::.:.. :.......... DRAFT :>:=�:.<:k>::.:: '`•':s:�� ..;�::;;:<;�.:>:;:::::::{:;:;:> , •:'4•�:;�:;:i;%:;�:; :•::?::�:::�`:;?;:i:: :. %°. . '>:}'":>::::::>::><:::' Honorable Ma or and Council �>::�:`:::�:::.t. y :::±��: "';��v<�`<:<;;.. >::::;�:«;::�>:>.:;...>,�:�:...::�;�":::: :.•.;:`:::>:::<>:»��::::�:::`>:: Of the C' ":;<�:.;:.;,...t�;;;;.._,:,..:::;..;;..;.:::.., ity of Cape Girardeau,Missouri .�.... :::�<::::<,.:. :::::::: .;;:4'R'i<<:=::>:::��:<:.:>%;:�<;;.<:: :::•.•'':4:iivii?::i::i'i:::::vii i:� <:�>:>::..>::.:;�;.:.::;.:.;::<;.:;:.:.:.: Gentlemen and Ladies: �.<:�� .:k.::.> .�`:�!�`;:>:::: .: .�.�.3.''`>::>:::::::::: .:'':";:::;?�:: .�..::..•:>::>:::<::�<:>:<:::::>�;::`�>:<'':s:< :>;::>:;;:<�:>::>;:;<:»;:::s:::':><:::>::::::>::::::�»:>::•r. ?::::«::::11i`�::::°::>:::>::>::>::':::>:>:::::::: The Planning and Zoning Commission met Wednesda June 13 <:::�<�>:�''�I<:>::::::::::::::::;:•:`::<':::>::'<' Y, , 2007. B ma'ori v ote actual vote co unted and in Y J th h' � e file we �:�::�::::::::;:;:::�;:;:;:=::;;,::>:: act a '�'�::w:�:'>:;:�. ... , nd/or reco mmen dasf �+y.�•'l'•��$:?�i.,. ollo ws: :.:�:.::::::::::: ii\i: �;r'M iB YY::.�:i'::: . :5�':•.'t:....��'.'�:'�:;:::::.."'�i•:;:::::::::;:��::::::::::;�:::i .:::.::::>!!�'f'k;.;;��:;::.>:;.::::;.::.:;.: 1. That the re ues q t of Wayfield, LLC, for a S ecial Use Permit to .::e�3:<:,..:,:::::�� p ':�::i.i:n4y::..;•.�?�:tii:. ..:�:•:i.::ii::�>:,>.::ii::::'ri:i` ::r<::��:>�`�<:�::;::>>:::;::::::>::::::<::> construct a ne 4 - ' w 3 umt multi-family residential ro�ect consistin of ��::::;::.��::: P J g fi - ::`:;::��::�>:;`�:�;::<::€::::::::::>:::<:>: ve two sto :.;;:;.;;;:.;:.:: townho use s c :.;:;.::;.::.;;:.:;.:;�: tru tures at the intersec ' `�::.��..:::=:�»::<::: rY t�on of Boulder r > C est Dri ve and Hunter - sL ane wi ' tlun the C1 Loc al Co , mmercial ::>�':.:�:��:>:`::�<<�: , L'ti•?iiiF•:ti�:iii:<t iii:'vi:::::ii::i: D� ' '<:::>::>;�a:::>::«:::<::;:>;::::::>:::::: istnct ,be recommended for disa roval. Neither the a licant nor a �::;><;:>s::::>::::>::::::::::: pp PP re rese ntative for the a lican t wa s r esent to re p sent th e ro' ect. B 0 ;:'��>;::::{:::::::::;:::>`:::::::':':; PP p P P J Shantz Dan E mmendorfer Davi dB , ruce Denn' is Ha ertlin , and Paul ;�`'>>::�:�:`:;':;:::':::`;t:::�::::>;:::: , g , >:.: �.s;.;;;::;:.::.:;:.;<.:::.<; .::::.�:;;;;;::�:. :.;:�:::.>:. :>;::::>::,::»>::>:�;:: ..:„,<,... James a eared in o osition to th >::>.::;.:::�'�:» e ro'ect :::;;:::::::<::;:>:><:: ;.,.:<:;�:<:.;:;;:.<::;.;;;;::::::::;;;; PP pp p � . Issues raised by the �:;;:#:{:;��..«::<::<:>:`::E�.:>::;�::'<::::::; nei hbors concerned traffic im acts and a g dverse im acts on the P P ::::>�:?::::`::::>`�:::`:;z:;::;:<;?::: �#'s�;�``��:�:.::.:........::.....::..:.:.::.:.. neighborhood of a multi-family project adjacent to sin le famil >;?I�:::� g Y >::;:�'��:':<:�:''<�;:::::'��:;:`< '•.:::>::::><��!Mli�::>::»>::.: �.:;.> zoning. The vote on the motion to a rove the re uest wa 0 i :>;:�::::::�ti::>':<'>;�:��:';':.:»:'::;;::;> s n favor PP 9 and 7 in 0 0 �t� si ion with S cott Rhod es absta' ' mm f or fi pP nancial `'.�f��`�>:'��>:' g ?z>'<>�s=�>.�::::::::::>::::..;s.>i<>..';;`> �«�:` :<::::::::�:,::::::::::::<::>::<:;:;::;'::;:: reasons. ::::I�:;;»:::>:::< �:>��'+3;'>s'`::::;:: ••`•.'•;.. ">�:':::>�>::;'<:>::::�>?:':;>#'::;i>:: 2. T'hat the request of Christ Church of the Heartland for a S ecial Use :<;<':;;�:<:>:::::<::?'�:::��'>:'=:;{:��:<:: P Pe rnut to o erat eada care and resc hool f or a m � :>>:;::':�:;:`:::<'::`:::;>:<<::::<::::<:: aximu >��:.::::. :.:. P Y P m of 60 :><:;>:::��>:`:><:::;::'::>:::>:::::�:::�>:':�:: children at their existin church at 720 Bertlin Stre t g e be :::>::::<�`•:>�':>.:::::><::::;':>::>:::<::<?::`: g , r ecomm ended f or di sa roval. P astor Z ache Stron re e PP s nted the ��:��:��::::::�:<:;>::>'::::>:::�:«::::�::;:::::: ry gP ��'':>'::;�:�::»>::>'::�>'�':`:<::::>�:»:<:>;:<:`s::::::<<:: ..::..:.:::::::::::::,.:;.:::...: project. Donald Jung, Claudia Ruediger, Gene Johnson, Gerald L. ::`::'::::::>�::;>:::s:::�'::::;::;�::::'<:::'::> Jones Je nn " St' i ers Haro d 1 Ridin s , Stevin Foe ste Juli Y g , e Ti ton �:��:::`�;`��i:'<>::':::;'�:�<.:;<:`:::;;':::::>;::�s<:';..> g > > P , Steve Stigers, and Gaylon Smith a eared in o osirion to the PP PP ro�ect. Is sues raised b the ne� i hb ors co ncern ed tr affic im P J acts and '�:`��:�`�>:>��>��>><:;<>::�;:":`.�:�:��:�:;'�:':.:'�:��.�.��:'`: Y g P an adver se im act on the nei hborho odofad a care and re c p g Y P s hool in a lar el sin le famil nei borho od. The Commission w g Y as g Y � conc erned t hat thi s would be a c ommer � cial ve ':'�`;:`<��`:><>�.`��»<:::;.;``{:';`.>'��;:'�;: nture in a re ' ::<::<:;<:>:::<: sidential ne� i hborh ood and would be bette r loc ated in a com �� mercial g area. The ,.,��;>.�.:<�"!��I:<:;;;`:_'�::::>::;;`�:''>:;:;::':..:<`;:_:;`;: ;:,.....�....::,.:,....:,_....„.._,,;,.;::....;..,.:::..:.:..:.....: vote on the motion to approve the request was 0 in favor and 8 in ;:;'>:_<�!:�!1�>'::>::>::><:€:::::>>:-;>:;;:;::>':::>::::::>::�::>:: .;:.;;::+� �::;<:>:<;::::;:::<:»::::>:::::::< �PPosition. ;:::::::::�;:::::;:>;:::::;>.<:::<::;:<:>>:: �:>��>��<:��``:..�<<:��>:::€>:: ;;;:.;>::�::::;>:<.:;.;�<��'<<:'::�::::'« 3. That the prelimina lat for Boulder Crest Estates be tabled. The ::»:«:>::�::::;:»::::>::::>::>::::::;:>::::::::: rY P �::::>:<:::..`::::>:::::<:>:<:::<>'::>:::�::>:: .:::::..�.:.�::.�:..::.�:::.::. m ti 0 on to a rove t :>::»::::>::::::>::::>:<>��•�^>:��::: >'>:�>``':��:s:::>:;::>;.�:::::;:::<::::::::::>::::>:::::<::::>: pp he plat was withdrawn. The vote on the motion to table was 7 in fav ':>;:>::::►......�.-.�.f::<:>::':>:><::<:�:>:::::::<::> or and 0 in o osi ' .....a.............:. pp tion with Scott Rhodes abstaining »:;F>''::>:<:»::>::>:<:::>::::>::>::::: for fi nancial reasons. '�<::;..�;:::::;:;>:;: ::�:`:>;<:>::;`: `J`�!Mfi?(�j�::::>::>:'>::.. 4. That the rec ord 1 t a for Ti n mo Wa Subdivi i s on e P Y b recomme nded for a ro val. No citiz n e s a eared re ardin the re e ::€:::::::::>:x,.;;:;:;;:;:`:.;::><;�>::::::::i PP PP g g 9 u st. The vote on th e motion to a r v o e was ' 8 in fa r vo and 0 � :s>:�:':;::<::�;::::: PP mo PP osition. :�::';:�:?: ;:�::�:�:?�:>�:,";:::::;»'��'.. :::�>:<' ;:?:': ::::�.:;<.;>:<':: �:?�::::»>::::: f3�;`i;r:i i: i�%f;�;:;:::?;�:;;i;� :�l?°,Y::i„i �['c'i �•>r.•:::;�: v:;�;::;.::: � . ' �:i�:.,. _ IDRAFT 5. That the record plat for GM Building Subdivision be recommended for approval. No citizens appeared regarding the request. T'he vote , on the motion to approve was 5 in favor and 2 in opposition, with � Scott Rhodes abstaining for financial reasons. 6. T'hat the record plat for GM Building Condominiums be recommended for approval. No citizens appeared regarding the request. T'he vote on the motion to approve was 5 in favor and 2 in opposition,with Scott Rhodes abstaining for financial reasons. Respectfully submitted, Ralph C.Maxton Secretary Present: Haubold,Hinckley,Maxton,Buhs,McClanahan,Rediger, Rhodes, Sma.11wood Absent: Bertrand, Swan � . � � °'� � �' Division of Planning Services � City of Cape Girardeau 401Independence Cape Girardeau, Mo. 63703 Phone: 573�34-8326 . ' Fax: 573-651-0860 june 4,2007 Stacy Mansfield 2989 State Highway 25 Jackson, MO 63755 Dear Mr. Mansfield: We received your application for a Special Use Perrnit for Boulder Crest Estates. As part of the application, a copy of the grant deed to the property listing all legal owners and the legal description of the subject property is required. In addition, a$50 publication deposit, by check or money order payable to the City of Cape Girardeau, is � required. Please provide these items as soon as possible. The City Planning and Zoning Commission will consider the Special Use Permit request at its meeting presently scheduled for 7:00 P.M. on Wednesday,June 13,2007, at City Hall, 401 Independence Street, Cape Girardeau, Missouri. You or your representative are requested to appear before the Planning and Zoning Commission to present your request to the Commission, and to answer any questions that rnay arise. If you have any questions, please feel free to contact me at 334-8326. Sincerely, � �� Donna Clark Planning Technician � .. �- , �' Division of Planning Services City of Cape Girardeau _...... _.._............ 401 Independence Street � Cape Girardeau, Mo. 63703 Phone: 573-334-8326 � ' Fax: 573-651-0860 June 7, 2007 Stacy Mansfield 2989 State Highway 25 Jackson,MO 63755 To Whom It May Concern: You have recently filed an application with the City of Cape Girardeau, Missouri, seeking rezoning of the tract at the address listed below or a permit for a special use of the tract. A notice has also been sent to all persons listed as adjoining landowners. The City Planning and Zoning Commission will consider the application at its meeting � presently scheduled for 7:00 P.M. on Wednesday, June 13, 2007, at City Hall, 401 Independence Street, Cape Girardeau, Missouri. You or your representative are requested to appear before the Planning and Zoning Commission to present your application to the Commission. At the public hearing on your application, the Commission will allow 15 minutes for your presentation, each person will be given 5 minutes for comments. If you or your representative do not appear and questions arise that cannot be answered, the Commission may table action on your request until the next regular meeting. Address of Tract Request of Wayfield, LLC, for a Special Use Permit to construct five two-story . townhouse structures for a total of 43 new units. The project is located between Kingshighway, Boulder Crest Drive, Hunter's Lane, and South County Park, within a C-1, Local Commercial District. � �- . Kent M.Bratton Director of Planning Services � Division of Planning Services City of Cape Girardeau � 4011ndependence P.O.Box 617 Cape Girardeau,MO 63702-0617 • Phone: (573)-334-8326 Fax: (573)651-0860 kmbrattonCcD.citvofcaneairardeau,ora June 22, 2007 Stacy Mansfield 2989 State Highway 25 Jackson, MO 63755 RE: Boulder Crest Estates Dear Mr. Mansfield: On June 13, 2007, the Planning and Zoning Commission held a hearing on your request for a Special Use Permit to construct a new 43-unit multi-family residential project consisting of five two-story townhouse structures at the intersection of Boulder Crest Drive and Hunter's Lane, within the C-1, Local Commercial District. � The Planning and Zoning Commission recommended disapproval of this request. The City Council met on June 18, 2007, and voted to fite the recommendation to deny the Special Use Permit request. If you choose to pursue the matter, you have ten (10) days from the date of this letter to submit a written request for a public hearing before the City Council. If a written request is not received within ten days, your applic�tion will be deemed rejected. Sin rely, Kent M. Bratton Director of Planning Services � M CITY OF CAPE GIRARDEAU,MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit � File No. �� Address of Propert��,, �. � � ��('� ' �� CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? (-�-�5 2. Is plat sufficient? �S' 3. Will intended use conform to requested zoning? �� 4. Has intended use already commenced? �o 5. Comments: 1��.� .-2 ' d 7 City la.nner Date . ..............................................................................� CITY ATTORNEY: 1. Is legal description sufficient? " � 2. Will intended use conform to requested zoning? 3. Can requeste S eci Use Permit be legally granted? � 4. Comments:�'r''s ��L�� }� Bf� iPf.�t G� �Y �� Cf-Y��'f/NG/L �iJY I/v t� �,�� v7Y�5, (,f,�lX�� T� �Ms s��-ne,v3+a-5�e, �«�s ch�o-ic�s .9� ��rT�,e �Pf�Jf�r /°Lic�i�cJ t�Ro�j � �!G �'��j a FvR.Ttf-�. � � J �7 �orvsiY��p City ttorne Date 7-,� �P��,g�c,�� 7'� }�,�,v�v�.u�q��J/N6-F�! ..............................................................................� ,g ��y1,�v.n. 8�'T�` CITY MANAGER REFERRAL TO �'�M/SSr�lO, G/Ty �ui✓ciL ; �z�%l� .� � � 3-�7 City ger Date ..............................................................................� PLANNIl�TG SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: P�Z� Council: � Staff Member Posting Notice Date Revised 10/29/04 7078 Wolverine Lane,Suite J P.O.Box 473 O� Cape Glrardeau,MO 63701 Puxico,MO 63960 �� Ph 573 339 5900 Ph 573 222 2400 Fax 573 339 7391 � www.bowenengsurv.com ENGINEERING & SURVEYING Inaorporafed June 20, 2007 Kent Bratton Director of Planning Services Division of Planning Services City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO. 63701-0617 RE: Boulder Crest Estates � Dear Mr. Bratton: On June 15, 2007 our firm submitted to your attention, an application to rezone the Boulder Crest property from C1 to C2. On behalf of Stacy Mansfield we are hereby requesting the application to be withdrawn. � Our clients have recently met with some of the adjacent land owners and it seems that they had a misunderstanding of the layout and planned use of the property. These land owners have indicated to our clients that they will now support the development, therefore we are resubmitting the original application to obtain a special use permit. We also request you to place the previously submitted preliminary plat of Boulder Crest Estates on the upcoming Planning and Zoning agenda. If you have any questions or need additional information, please contact me at your earliest < convenience. Sincerely, �� Wade Metcalf, Civil Technician cc\ Stacy Mansfield � _ Consulting Civil Engineers Land Surveyors Testing Laboratories City of Cape Girardeau, Missouri � APPLICATION FOR: Rezoning Request No Special Use Permit Reguest Yes Section A 1. Street address of tract(or other location description): Intersection of Boulder Crest Drive& Hunter's Lane 2. Names and addresse of all legal owners of tract: Wa�eld, LLC 2989 State Highway 25 Jackson, MO. 63755 3. Present zoning classification: C1 4. Requested new zoning classification: n/a � 5. Requested special use:To develop a portion of the property for R4 multi-family residential use. C.d�°c�� ,'�Sv� ��N�dS2. �,1Q�.�. ��tv �1:.��. ��.-�j�`�'�e�,:� �Ls� 6. Name, address, and phone number of the person who is handling this application: � `�"t a o�( Stacy Mansfield 2989 State Highway 25 Jackson, Missouri - (573)204-7300 7. If tract is to be transferred, name and address of intended new owner: No transfer. 8. I state upon my own oath that all the information contained in this application is true. Signatures of all person listed in items No. 2 and 7 above: acy Mansfield, Managing Member Wa�eld, LLC I � � Section B 1. Legal description of tract: DESCRIPTION -4.30 ACRE TRACT FOR SPECIAL USE PERMIT A PART OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE 5th PRINCIPAL MERIDIAN, CITY & COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a point on the southerly line of a tract of larid as recorded in the land records of the County Recorder's Office in document no. 2006-15732, from which point the southwest corner of said tract bears, N 85° 14' 00"W, 276.06 feet; Thence along the south line of said tract the following courses and distances: N 72° 16' 00" E, 204.00 feet; Thence N 84° 31' 00" E, 186.00 feet; Thence S 86° 12' 00" E, 286.00 feet to the southeast corner of said tract; Thence along the east line of said tract the following courses and distances: � N 06° 52' 00" E, 126.80 feet; Thence N 14° 00' 00" E, 113.06 feet to a point on the southerly right of way line of Missouri State Route 34 - U.S. Route 61; Thence along said right of way the following courses and distances: N 75° 29'25" W, 17.94 feet; Thence N 14° 30' 35" E, 44.90 feet to the beginning of a curve concave to the northeast having a radius of 115.00 feet and a central angle of 64° 30' 00"; Thence along said curve in a northeasterfy and northwesterly direction, 129.46 feet; Thence N 55° 32' 24" W, 162.66 feet; Thence leaving said right of way line, S 34° 27' 36" W, 248.10 feet; Thence S 75° 00' 02" W, 21.41 feet; Thence N 90° 00' 00" W, 85.29 feet; Thence S 39° 59' 00" W, 385.17 feet; Thence S 36° 38' 39"W, 60.09 feet to the Point of Beginning, containing 4.30 acres of land, more or less. (187,476.86 sq. ft.) � 2 2. Attach to this application a scale plat of the tract, on an 8-1/2 by 11 inch sheet of paper, showing the following: l � \.! a. All boundary dimensions. b. Ali adjoining streets and alleys. c. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. Section C 1. Names and addresses of all adjoining landowners. Include land which corners on tract or which is across street or alleys. NOTE:Where a rezoning or special use permit is requested for part of a larger platted tract, adjoining property owners are considered as those adjoining the larger tract. Parcel 1 Parcel 8 David W.& Debbie M. Bruce Cape Girardeau County 2343 Hunters Lane County Commission Cape Girardeau, MO. 63701 County Building Jackson, MO. 63755 Parcel 2 Robert L. Clingingsmith 1057 Cathy Drive Jackson, MO. 63755 ` } \,.�� Parcel 3 Dianne E. Shantz Trust 2303 Hunters Lane Cape Girardeau, MO. 63701 Parcel 4 William R. &Dianne E. Shantz 2303 Hunters Lane Cape Girardeau, MO. 63701 Parce� 5 Dianne E. Shantz Trust 2303 Hunters Lane Cape Girardeau, MO. 63701 Parcel 6 Dennis R. Haertling Trust 2121 Broadway Cape Girardeau, MO. 63701 Parcel 7 Jeannie H. Blaylock 4326 Springmoor Drive Jacksonville, FL. 32225 3 � � 2. With this application, the applicant must deliver to the Planning Services Division a stamped, plain businsss envelope addressed to each of the individuals listed in Section C, No. 1, of this application. Section D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested.Attach plans, pictures,or drawings of commercial or industrial buildings. Nof applicable: 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period,tract ownership, size and design of improvements to be constructed. There shall be no time limit placed on the permit. The improvements shall include: The construction of 5 two story townhouse structures ranging from approximately 4,551 sq.ft. up to 5,222 sq.ft. on the lower level and two 3,815 sq.ft, duplex units. Each planned unit will have a single car garage and driveway space. 3. Is a transfer of the ownership of the tract dependent upon the approval of this application? Yes No X � 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller tract involving this tract? If so, give the date and state the prior action take. Yes X No �� Date: �—\�b--b"1 �� Prior Action Taken:"��k�'�Q��c'p Y(;�a�o'"t Section E 1. State the reasons why you believe the requested rezoning will be beneficial to the neighborhood and the City. The proposed multi-family townhouse units will provide Cape Girardeau with high quality and affordable rental housing. Residents living in the development will be in walking distance to the County Park South, which will provide a playground for children and recreation for adults. � 4 _ 4 YO:SR:RA�S.��CSSSS 3 ` , YYY i �p �F ~ �tC�.SEE«C:xPx+3«S � �C: '�_ Ip s� � s��e�ssexxss�naa� z �4� r+ � ... .. _a: '��: � �� T/ ° asaoa^xaxaaaa�aaa z yy � g � �� .� " #asi: ssir ��' ��e�� i� • �'adaa#di#dkeacd o o "a: " r� 5Y : 1€i:s !i.`a �� Ma , - � F z g �r, �! �r�� a S:a =a . # :�� :�� :4e s,��a2 '� �� • � KSS61iX!lE=LS.EIL � ' d �� et :� • 3 '!G "Y C �gg R _ '� �', g ��p �y N O d � � . �C_ g� p�� R. Y . 'C^- 3� Y '�� g s $ `e '�3�ry t! ♦ �,� �^iF:CCL1i�a3.Ciltt �i P !it ;�.^.y '�: 5 i �:� �S S .i%A ' .�^•� " tF i9! �A W '-2 �r Z F z. �� Yy�9�f� �!#�~ �'.i�j� Y.�t t Y�i . ,.�Y M..�Y zlt# r7�'�1 � � H p :SYttII::iC:�::LII: b � r~� �Y . Y B .�6 g C'Y'�y ' � i i �� la— � s.a.,#ii#id.i:=�d �•. •� r"_�- � ' � ,�t[- �.-:.. • a � � e R r ^ : ! e�� i � �'-"-" ^ _ � �e;�� g�� iii� A - � r3'xx. : ts z��' :��w '�5 l� � -� 'q w � � -• + � � W�g,�I �x� !Y aee � r �,,, . �! ;3 : l��r�g ' p •��k'azca'acc:5c�'sa_ �� -s.�� Q'r�J. i...i �y [:•: x�• '� !'� - r a �- � �. . . rtS�d :.35` ��: 7% i .''.� 3i3�. a3S�' �� ? 5f '� w ¢ ae�'Ass3k��i3t4�.ii aY'.Y !»'��9 ��^�:3� -c- 3c *a. :7��a» §...#�e ..�s �� . �� i� ` �� a $1.�4p v � ' ,� � 588888888888888888 �C��"� �� W 2 � � � �CIIR�B��F.^:�.3��E= S ' as i°�E3t� , � � /' � ➢' - - . �d� O W m 5 �¢ • f�� ;S y ��-�' — �,,,�,�,_ � '�i � r o �t�•• y�\ m x g v~i Z t y W y Q z '1 � /Y� ��''-�� ,�:�... . RF YA� 1�� Z 0..' /, // �` \..' ,_ -�.. _� . �381 �� •Vb'r � W� �' / �„ " � � � �� t .wqM.� W 7 �?° �,��' /� J`� ��' =-.i: 1 _ i ^ �. c ��- `~ S a m ..°P J� Y / O�'� I � \ ' �d Q.'�' ?�� ,,/ �p'.� t i I i' ( , x' xnrr-r�Ya . : �.� ,�P J•� a //" -L+r , '� �` s . �u�l �' � 3 �`y�� L,, I I�� I �a \` � � W4 � J 'S� o' - pi �" 4�.� ,� 1. + i J01 ', --� ` g' x ^ c yo/� �2 _ �� \ e ;, �, � �� .rti � o Y�.`:� �`.`�, ,��'� �" ,�� 1 '� � ",o� � � �1' ' j�` �\� `��; = W � :yoo. / �� ' .. � ' � �1 ;.,`' ` � g I 4 . ¢ � � i i , a `u i �e- , . � ! t# ,�,,',p�'�; j8 � � �� p`>9/:"� �• I 47� , t$'�n, 1dil�R�'� S .� R %t � � '�•�S� � 1- �� i��P .. // �, '_' �, ��i �• ��v ,� � �t'�� g ' � � �' � , � � •; � 'i ��-� 3 qSes: :Ssa2LS ��S i �•�, � �� '� ru" ��eci: - ssdl� ��— �� I � � � •� � •,{= �, ;,�� ..::�::..:.. � y _ * ` • �'� �3�� i i �� n•s�ssssaxa.t ;, �,;. —� �r' �'1 �' f� � , '� y G1tGE 's:�xsxs �,�: �t� ( ,':`� �Ay� � a 3 �'' ��!'.@3k4�1!$3tt "c�$� ��"`- ' `ll biaLo'-a..u� ` ' � ! `� � 4 '� 9��Z �i?` //'7 ' i , �' 3� i ;� p. ` �� x� � �� ! �i - � ° �'' '�f W , a� , � � � � - �� \ �~ �. _ OW � / NK � �� g � / o�, � ru � T3 c� � •,� � < i � � d! '��,�`'� � �oW° i r �'o� .�� gk ;�� .gi�F �e ��e� ' _ �F�s�(�� ''�Otn � :Y.; I � '` ��• . W� � t ; ` Y ��.c �af ��:sx �,�� ` \� Fa � � _ � co� ' �i �� Wf 3( � - ' �` �� • e� � �! �� . � �- �; �_� �•� W rv� i \, a .� ' � �' �. � •� � `\. C�" � � = Z aaf��a 1; `°` �' � � - s `�. —� `� ri� i:�=T� i 'r � �y� /` � ;.' �`{ j -- ;� s r � i � �W Y"3ae�- � �1�-., i � � x F „ ak 9 p �tG a � i. ' ��`;� a� 3 2 �d 9�� r � _ � ' �Y \ 31I � :��7�a i �'� ` � ` � �� „_ x� QC7 � �' /�o.: J � '�; j `�$ ; •; � $�: I W W �l a�aS � _ i. � �tx �'�d�y. '� .�� I �a gs� a8 ' � A �.a=`t� ��J6,.. • � � : � • ,• � �, � s �-°.��ii�� x� �_' !e8' h �g � ��.yoc '��,� � -- , ,�,, •3 x� :�3 sa. :-e•' �R}3��Ft� € ` � `� ` � � � �. t' ! 4:- 9a� s= , �. �,. �� l�� "D:X€.3_Eji��a' g's � s�� "s � �� `�. ••a I 3�e.x E? .n g'sz-se, g- px� v `�'� ♦ e './ ,�,3 ,C'- � .g `,��. p.� �:it�- -r !$��5 a�� a��iiEsi'ag.r�•�i:�ssl3z-"a �4 .4'9,. �� ,/j �` �a` My,,,,�; �� I �r,r sa� f :a�i=;s •e_�'��¢9Y�g..Y"S �v�j";' / w ,w s - A uiy :�a?g gs:�p fi ..tg;= .:s$ ! ' � �w f � � ;= ;; a;• Esf:s�gt•i:zz�i�s8�ii¢;s_a yF� +� � 'l' , o� �1� ��•y =it� 3 's�_".F x' ca �- e � <_ � ! � n a :�i. {°i.€E:'g�:li:a=��»�: Ei-' .`'�� i� `� ��'�c ` o�° � *j t ? ^ ', - .:a e�iS.I8g'°'9�AE8�"�Ep:�egxg � e;ey �"�:�a � ,� �w ; " ,1�ii 'a .o =ir:g fg"^:=a=�ig:.�tjsl�:.��a:��e ?'�'o � �� a\ . .�` � , �� v � � �! ..�b��J ;€��S"5'2y8FS:FS€:EE 'IIC3�F �,� . ` �a. � � � ��". 5� �a8 iS: e '»g_�"'� Y a s�.'\ � . LL m " � �i{x E ..�' f.i �t "P��• Fg_:. £F' � "� � 1 - � ��Y.0 _a.,a� F Y.-�� F i �•�fi _S•YFe=E _ .� E �6$ � S $° q � ♦�� r� xs��a &��:a;t:z?��2:€sgcs=Pii?�: �' �`is �` ( "=�- \ ,� at� . ``' I �!" � i I � ' � : � � � i _ \ �` � �'u'K� ��``� � � ' � 1 � # � a'Sg�:� �• ea. `,. �.�,,\ � ,�; p I � � I II � I � I e i - : '.��•� ,`�•_,V ♦ j�.� g ; � oe�oe�a � � � v �. �, I� '�. � z I � ' ( ' ' ' I Y � � � " Y� Y� �� `, • I ,•.ay Q► � � � � � I � � � � � y .. � �; 7 7 �,_�• \ . N � � D.. '. Z� i � 7 � '�� "`��_ ('` �I ! I I I I E I i �i x i� - a f'- " 's °= o � :Y :s :Y � ;= 'e =' ='e, ` `�� `' , �,�� I �'i' 4 � i � ae z � � � � � I � � � � � � � y o� w g � ea eE i'� � ae; �"r� ?� �e3 � �, �. �ti��. r � r r y y� y Y� � � ;i a „ y z s ^ � . : ,, ,a �➢ • ,.,; �•: ;r �_,; ��'`\; j � �' �r d:� � i$ g- w;, a's '�,• q : 3 Y"i a z @ n $ i" �;. -�: -�; - : -�; � r: "`�,= r '" �-:;_d ;�5 u• s^ t �a c o .e � x-'s s-e xi' x-: I � i��.: .��;�rAsee �?� '�� w3 �" _� 3 � � ��3 " � = � =c =i '' � ��x3�x ., q '? .�aE�eY��eti j�r'�� '•� ° e 1 2c : x�,� - -. � �^"s �"-r , ' �,i`��< a .�Y - � �. �; .x s � x Z � c� � � �^ �� : E c�Y c�x r�� x i �. � �:��si�Y�aa"s�e��9x�i�� a� F3 �a � s . a'�, i ,. . . „ . ,. . ,. . _ , �� 3y�ag8 - m e � °� � � • �==r= _ 2��6— 1 S?32 � ` • '�".w= REC FEE: 530. 00 � ��.�� PAGE5: 3 ,. � _. i �� .3�' JANET ROBERT Recorder of � , z��` . -" - ��; , Deeds, Cape �irardeau s'•" � County M0, certif that •� �� _ � ;`,r".� s:�"✓,, } , this document wasYfiled � s. .�� ;a�r z for record at 02.29PM ,.�.�`�. and official seal affixed ' `'' �R`"��` •- ' at Jackson M0. 11/07/2006 1 � �.;�.. f � , ' �' � JANET ROBERT �,, fi � Recorder of Deeds 4..:`��' � � '� Deputy �-3o��y. ... General Warranty Deed :••��•••: ' ' � Corporation �ITLE,��(� This Deed, Made and entered into thi day of October,Two Thousand and Six,by and between STAGE II INVESTMENT COMPANY, a defunct Missouri corporation, 2989 State Highway 25; Jackson, Couniy of Cape Girardeau, State of Missouri, Grantor, and WAYFIELD, LLC, a Missouri Limited Liability Company of 2989 State Highway 25, Jackson, County of Cape � Girardeau, State of Missouri, Grantee. Witnesseth, that the said Graritor;'for and in consideration of the sum of Ten Dollars paid by the said Grantee,the receipt of which is hereby acknowledged,does by these presents Grant,Bargain and Sell,Convey and Confirm unto the said Grantee,the following described Real Estate,situated in the County of Cape Girardeau and State of Missouri, to-wit: A tract of land lying partly in the Southwest part of the Southeast Quarter(SE '/) of the Southeast Quarter(SE '/4) and partly in the Southeast part of the Southwest Quarter(SW '/4) of the Southeast Quarter(SE '/4) of Section Twenty-two (22), Township Thirty-One (31)North of Range Thirteen(13) East, in the City and County of Cape Girardeau, Missouri, more particularly described as follows: Begin at a stone at the intersection of the line between Sections 22 and 27, Township 31 North of Range 13 East, with the West line of the Cape Girardeau and Jackson Gravel Road, from which the SE corner of said Section 22 bears S 86 degrees 35 minutes East 1206 feet and an Elm tree, 12 inches in diameter, bears S 34 degrees East 15.5 feet,thence North 85 degrees 14 minutes West along the line between Sections 22 and 27, at 442.4 feet a large stone at the NE corner of the land known as � the Dilport tract, at 694.5 feet the South side of a road and the beginning corner of the tract herein described, thence along the south side of said road,N 72 degrees 16 � ��"` ..�.� < minutes East 204 feet; thence N 84 degrees 31 minutes East 186 feet; thence S 86 `�`� degrees 12 minutes E 286 feet to the West side of the Cape Girardeau and Jackson � Gravel Road, thence along the West side of Cape Girardeau and Jackson Gravel Road,N 6 degrces 52 minutes East 126.8 feet,thence N 14 degrees East 158.7 feet; thence N 47 minutes East 126.7 feet,thence N 28 degrees 8 minutes W 75 feet to the SW right-of-w:iy line of U.S. Highway No. 61, said point being mazked by a concrete highway marker, thence N 50 degrees 1 minute West along the said SW line of U.S. Highway No.61,407 feet,thence S 39 degrees 59 minutes West 1008.4 feet to the line between Sections 22 and 27, thence S 85 degrees 14 minutes East along said section line,278.8 feet to the beginning corner. Less and Excc��t any part located within any roadway. Less and Exce�it that part conveyed to the State of Missouri by General Warranty Deed recorded in Book 327 at Page 430 of the Land Records of Cape Girardeau County, Misso�iri. This dced is �►i1�en to wind up the affairs of Stage II Investment Company. a now defunct corpvration To Have and to Hold the same, together with all rights and appurtenances to the same belonging,unto the said Grantee,and to its successors and assigns forever. The said Grantor hereby covenanting that it atl�i its successors, shall and will Warrant and Defend the title to the remises � P unto the said Grantec, and to its, successors and assigns forever, against the lawful claims of all persons whomsoever. In Wi1��ess Wl��reof, the said Grantor has caused these presents to be signed by its last known . President and Directors the day and year first above written. o � �� n N�L �y �,� Eu ollo ay;President and Director ' oa �� o Stacy Man , ' ctor .� 0 �. � STATE OF MISSOURI ) � S5. COUNTY OF CAPE GIRARDEAU ) On thi day of October, 2006, before me appeared Eugene Holloway, to me personally known, who,being by me duly sworn,did say that he is the last President and a Director of Stage II Investment Company,a defunct Missouri corporation,and appeared Stacy Mansfield,who did say that he was a Director of Stage II Investment Company,and that said instniment was signed in behalf of said corporation,and said Eugene Holloway acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid, the day and year first above written. �� DEBRA GROVES � 1 � �f�:: Cape Girardeau Counry z*:� ... f*; Commission#05545566 �� ',� Ny Commission Expires c�'�.•' November t1,2�09 •N � � � NG , pG Z �'� O � � Z� .� 0 � � � _ a s �A ° o? i°' '�1 c �P n e5 i �/) $ � a � m � : ^ �� a� m � .M '� " � r� �� N a� "€ g� w� @ �@ � N � ' T � � �e � � . g a; � �3 ��In � 4 O � � :� 'o �y � �� o. � � „' � s» �» ew ma - ��m � •a U� - � _ • •- - "- ti ;w ;» � a : � �; a�z a- $_ � z " ;» � E : .c r�� > a� p Q u� "_ � m8 A ` '^ ' p H. M� w�. u$ u� � e' 'n c�p ��fm/1 � .� �4� � �w y �� ' t Z •O ,.• • Y L C ,� . N) � �i. y� � - ,'4'.(- i - _ �_ . = i i a z T- i z �a o �c ' � :"� �i '� ��9 � _ . .�c N �N _ Nz � o � � g y"g -g" �. $o g' o u� -Z1 g TE _ ' = vc ="�m a w ":�' � S;- c o . u. , a '�% �N ., �`" s ..�i Z �H e$ �� _ �� lf » v � � ^: O �: ' �"- �c � :;, m �� . oa , , � �g Qr Ja�jJs, i $ i i n! Z_ n' i ! S� �M' �� o°T' T �p - :� V1 �g' ' ^' '."��. (� . .� - - - = - � $ �� YT � _� s� �� , �: �, _ _� ` ��, ,� - a o .I o"4�,:. �+Oi �'W�',. P _ � � � � y� • �� N �I ��p $o �A' •�9.i O N , ': � YO p O �, pol r �T � j� �S. �� ' � •' ,�O V / c- ' i ' � � T. ) e �M �o� .y . yg . ' �m � d : d �@i / .z= :w �� v f �� % 2 �:�?� �Ig" „_g8� ��>� D ,!� m g ' � < _ 0° =a � � / �` � v - 4 •Et I` ' � -� +< ; s � I„' ��i�� o-a"'� Z ��ss��.. �I;; �_� � Y Z, � � ,�5: m � "i'- m y '�.x i$ �� ,F.% _ O c� -i �� >; � �` z c rn� '$i -a s� ="o% � � i D �< �g ,� y . ' m m �� "I 'R ,.� ,��i F ; - m 3 Z� '�� : ', a'/'� � m � ti � � N m� � ,i � _ '� , �', ; - o rtl , G i j �,�7 �Y ,.5' ,,r z �� ',�r , �s� '( l .,,,` °r � D Z ��J — ( ��, .1 n, ' .� ' � �/ _ m � .4 ' _ _ � '� � / / / � �a ��,1 � �` �—z— ,�,� �h N�� I� � �"_°+--- - _; ''• co-aj c�af �_ :-:Q= _ " �tl 7 ,:.�J. �,,' �� 1= ��r` o . : ' � a� . `�e� `.��; I^ _ - '"'�rl� '�V � �d ��2, � '��• i� ��"<$�5 I �� / i o' °��:�:R:2S44R$�Q we ��:9F'. Z�S? �� - �� $� � 32'o�S .49�Vo;' �eQ�� F�g-$R o In�Ea :I� . ':Roo�:�$ r� / Ro;�3� .�:m�gi��s'• 3�•'y R��"4 �m v�_ 'R�b� bg �.s:��;w� P' '• oSR�� ••g�� ^ _'�� g� +Y_t^' �$'�» :3�$o8a. p��'- Z n $ � ��o � 4' �S�'5;,.�.o'P:'�o �..@,, o-fo;o O� A � - g�STooT � oo'_- �4:��a:323 g= ��9 vi-�1 3� 1 `� „i ; =s��Q'g^m �"��;vwse��:-�R;; avc?o.. oo � � ��o „, ; ; �_ � s;e �. �> y�i�=q� '�, ; � z �. � � � '�I "g¢�-o 3g�S�i�.g$o•�YS�3 "V�9 <+ i'�i D� � � � '�Fi:R a �sv'��o�.�4� R�NnYo $»FN �p m m i = i�M:s�s�^�s�z�,.o_w�a. •�_ �'Pa� mm � � � � � v. � ,s:;;e3 �;� a�sa ;g�� z� � =3��'�v. :e ..Y'°�: »i° O O �ss � :�s �a.qe.eP"s�Q��;�;.: ��g �o �ic: �� v s N�€�33:�3i.;e _:��SS ;.5: o 0 �^ N,-i�------- �M �. :'�t�a�; gg'�.�;33Av -- � � E _——N I N i99aop '��w�.�� .R:� y ` '�; rn � c`' � o . _��oCNS:;� � _� � � . . , m � � '�"ca"�a;�= � 'A"� - �; T °Y;io'";o"°Si:"4, i ---' ti . n D ' S�,-.."zzm V. C $� �: r S R9o:�o go9'g�g�No:N a� :a:» ;� So33d:R ^:'�" i O m u� ' ��:��- � < " o� 0 33�" e:��;�°-:��83,. .�gw-W_ S• R�:^ss�� -_ - v D A � N �oN �H�o m : c T :d�": '". 6Qo� .3�" g ."• •"• 29 oR'_• �03 "'� y n ..�'D o = D $' SrYo .( T N � Q oN-o�-G1° _ '1:Yu" ,;'8808 � ' � �g:� N H� n p w D p � c> �� - ��T O ' ^o A ,s8:o 4"; 'g3'��° �, a_ �n3o, ¢�� D C �� a'; '` 'e"�'n� - � -- a.VF' °�-- .p'.�:wm� V' - O � :� A ' m �'�g'so'��= � _ ��;..:�, s^ �iS9e`�y �: � y� �� Za �T o { 2 0 - '=��i' n :� :w�Q!::_^y;o��3� : 1=R'o888 0 $ �R'.��v.' �.^."+ U)O .N•1 '�� OD C .uNi � _•T'+�z�">�i: •� ,; " ` ,Z�j �3�."�0� �N�a��= ��'S .�i?2SS �; �uoz<F�� cig yZ D� W= 01 ZO � m a��o-'aNp.. � �' -. � �E&7a��3' ��5�'°o iaaaaa� 'p �$�� -:� P=: �m �D my Z� D� � v "=;.'=a��, � `; "-: a�tq�;$o - - _ �3 =�3 -:am.� �� Om O.,.i -C '7C II":<�'am">.o D c� ' o d:P� 0:3 3� q�° o nnnno y� �g3o 4=� Aa �(y �m �� (Tp fA o ��;�n;=T� o o; " � gg��io�� s�33so:�`.��g-- Yg��v»; g .3; ,§a�a ='�� v� 3� _-' m" p z . :�,�� Z _ m T ��.�`tiRQ��t3sa:�8��g �•00000 � � ;.�� :� m ai� m�n D� �o2'sm;�� aa-�' �� g.v��P� w � �� Z ° §; . _TA, •_ , 5� �- ;.�;�8s�: =• '_ .s>>>a 3 0�� y � �� v o '��'< j�".Q i��`3 pn:8 :i�Q� '�:"::• 4 iE°��No _.`�-.S � .1�1�11 �0 D :a ' `:ocH:`�`zo� o°3Yg"o_�4gd��:�='�3a_ �:'===- 'oQ "4�. M; �_ � C �.'S z m ° v�=''^ ' o�+�u° � :_.g..00' o �+V 940.'0' � .� Nc�4Nos'n ' - � . :>�-':";:� . - � ��:9os " ; °-�� . '03>." �.,w N Z p� •.",� 5:.��e=o' -g'A��o_"•_-��'oo8ds •�;�� R -'R'g' � ��r O EI� :,o��oa � :o._R. � io;°•y". E �. __ �' �� p F�� w, - . s� - - ., o ► Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $@SSIOtI _ June 18,2007 FF-319 REGULAR SESSION—JUNE 18,2007 � The Cape Girardeau City Council convened in regular session on Monday, June 18, 2007, at :UO � : `� p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Matthew _ � Hopkins,Marcia Ritter,Loretta Schneide�Debra Tracy and John Voss present - Reverend Mike Malone of St. Mark Lutheran Church presented the invocation, and the Pledge of Allegiance was recited Prior to the regular session,the City Council convened in closed session for purposes of discussig property acquisition,personnel,litigation and confidential communications with the City Attorney pursuant to RSMo. Sections 610.021(1), (2} and (3) upon Mr. Hopkins' motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none, T'he minutes of the June 4, 2007 regular and closed sessions and June 11, 2007 special session were approved upon Mrs. Tracy'smotion,Mrs..Schneider's second, and the following vote: Ayes, Herbst,Hopkins,Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none. The agenda was adopted upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote:Ayes,Herbst,Hopkins,Knudtson,Ritter,Schneider,Tracy and Voss. Nays,none. � COUNCIL COMMUNICATIONS Mr. Herbst stated that this Saturday, June 23, from 9 a.m. until 12 noon, Reverend Thomas is hosting a Community Cleanup on Elm Street from Sprigg to Beaudean Lane. The Keep Southeast Missouri Beautiful Committee will be involved to help and Public Works will pick up the bags. Mr. Herbst also stated there will be a downtown golf tournament to benefit the Red House on Sunday,June 24. Mayor Knudtson announced that the American Junior Golf Association Tournament will be held at Dalhousie this week. Mrs.Tracy thanked the VFW for their work on Freedom Corner. The commemorative stones have been laid in place and this is a great tribute to the veterans. Representative Nathan Cooper presented an update on legislation accomplished during the year. The State ended the year with a $S00 million surplus. He reviewed e�ciencies accomplished during the year that will save tax money. Mrs. Schneider stated there will be a presentation on Wednesday at the Senior Citizen Center on the effects of eliminatingincome ta�c on Social Security. Mayor Knudtson expressed concerns with legislators failing to change the minimum wage law relating to overtime pay for police and fire. Cape does not have the financial means to implement � the law as it is written. Mr. Andy Meyer of the Missouri Department of Transportation presented an update on the construction of the I-55/ LaSalle Avenue/East Main Project and the need to divert traffic off the interstate to the easternmost off ramps that have been newly constructed. The traffic diversion will . Proceedings of the City Council, City of Cape Girar�eau, Mo, �egt�la� S@SSIOCI i,,,,p �Q �nn� —�ZO o� last approximately four months. He reviewed an incident management plan in case there major accident within the project limits. CITY MANAGER COMIVIUNICATION Mr. Bob Kembel, Battalion Chief for the Cape Girardeau Fire Deparhnent presented an update on ' renovations canpleted at Fire Stations No. 2 and4. �-1 Mr. Bruce Loy, Airport Manager, presented an update on the Cape Regional Air Festival to be held July fr7. PUBLIC HEARINGS This being the date set for a public hearing regarding consideration of an amendment to Chapter 30, Section 30-87 of the Municipal Code of Ordinances regarding the membership of the Planning and Zoning Commission to change the number of commission members from 11 to 9, the hearing was opened. There being no appearances,the hearing was closed. BILL NO 07-110 was given first reading as follows: AN ORDINANCE AMENDING SECTION 30-87 OF CHAPTER 30 OF THE CITY CODE REGARDING MEMBERSHIP ON 'THE PLANNING AND ZONING COMMISSION, IN THE � CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO. 07-110. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. APPEARANCES Ms: Judy Nielsen appeared on behalf of Christ Church of the Heartland and requested a public hearing be held on the request of the Church for a special use permit to operate a daycare and preschool for a maximum of 60 children at their existing church at 720 Bertling Street within an R-1, Singl�Family Residential District. Mayor Knudtson stated the public hearing will be held July 9,2007. Mr. Tony Snee, 1217 Fairlane, appeared in support of the proposed ordinance establishing a four- way stop at Peach Tree Street and Fairlane Drive. Drivers travel at a high rate of speed, and there is an obstruction of vision when turning on to Fairlane. - ? Mr.Jerry Emerson,2536 Peach Tree, appeared in support of the 4way stop. BILL NO. 07-I 11 was given the first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF TI-IE CITY CODE, BY REPEALING STOP SIGNS AT PEACH TREE DRNE AND FAIRLANE DRIVE, AND ; ) AMENDING SCHEDULE E OF SECTION 26-283 OF TI� CITY CODE, BY ENACTING A �''� FOUR-WAY STOP AT PEACH TREE STREET AND FAIRLANE DRIVE, IN 'TI� CITY OF CAPE GIRARDEAU,MISSOURI . Proeeedir�gs o# the City Council, City of Cape Girardeau, Ma. Regular S@SSIOtI- June 18,2007 FF-321 Mr.Hopkins made a motion,seconded by Ms.Ritter,to approve the first reading of BILL� . 0 - 111. The motion was approved upon the following vote: Ayes,Herbst,Hopkins,Knudtson,Ritter, � Schneider,Tracy and Voss. Nays,none. _ : Dr. Don Jung appeared and requested permission to present a petition signed by thirty people and five adjoining properiy owners opposing the day care proposed by Christ Church of the Heartland on Bertling. Mayor Knudtson explained the public hearing will be held on July 9, and the Council will accept public comment on the issue at that time. Mrs. Marla Mills, Executive Director of Old Town Cape, appeared with five board members in support ofthe contracts for fie Main Street Program and the DREAM Initiative Project. BILL NO 07-112 was presented as follows: A RESOLUTION AUTHORIZING 'T�-� CITY MANAGER TO EXECUTE A CONTRACT WITH OLD TOWN CAPE, INC. FOR THE OLD TOWN CAPE MAIN STREET PROGRAM, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 07-112 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. HerbsYs second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 07-112 is RESOLUTION NO.2283. � BILL NO. 07-113 was presented as follows: A RESOLUTION AUTHORIZING T�� CITY MANAGER TO EXECUTE A CONTRACT WITH OLD TOWN CAPE, INC. FOR TI-IE MANAGEMENT AND IMPLEMENTATION OF THE DREAM INITIATIVE PROJECT,IN THE CITY OF CAPE G�tARDEAU,MISSOURI T'he reading of BILL NO. 07-113 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-113 is RESOLUTION NO. 2284. Mr. Herbst recognized Old Town Cape for assisting theCity with the DREAM Initiative. Mayor Knudtson stated they had a discussion in the study session on the Parks and Stormwater Sales Tax Proposal. Mr. Mike Keefe,Chairman of the Parks and Recreation Board, presented a history on the mission and development of the Parks and Stormwater Proposal over the last three years. The Parks and - Recreation Advisory Board and the Golf Course Advisory Board are requesting that the City Council place a measure on the November ballot for a %2-cent sales taac for Parks and Stormwater Improvements. The Board has itemized ten projects that they would like to see accomplished. Mrs. Tracy questioned how the funds will be used to maintain existing facilities. Mr. Keefe provided examples, including upgrading the Arena Building, improving and expanding recreation trails, adding soccer and softball fields to the Sports Complex to allow for more tournaments, w adding a field for little league football, and upgrading the greens at the go(f course �.� Mayor Knudtson expressed concerns over the sunset issue because he feels it is the prudent thing to do. The City has shown through the Transportation Trust Fund proposals that this does work and voters do support it. , Proceedings of the City Council, City of Cape Girardeau, Mo. �ega�la� Session T„np �Q �nn� -�-3,22 E00800107 Park Board Member Danny Essner stated the %z-cent sales tax creates$4 million per year. He� discussed the sunset issue with the Missouri Parks and Recreation Association Director,and he felt the City should not pursue the tax with a sunset clause. In addition, the Mayor stated that he believes this tax needs to be viewed as a luxury tax,and that we must work from there to present it : to the voters for approval. _ Mr. Keefe stated that Park and Recreation facilities impact a large portion of our community just like public safety does. He discussed the adverse impact of a sunset clause and the need for continued improvement in all park facilities. The Council members discussed issues relating to a sunset provision on this tax proposal s�well as quality of life issues that are addressed through this parks proposal. They discussed concerns with the proposed park project list, the current City stormwater needs, and the unfunded stormwater projects listed in the Capital Improvements Program. Public Works Director Tim Gramling stated that most of the critical stormwater needs have been identified. In addition,it is not yet known the financial impact the new stormwater regulations will have on the City's budget. Mr. Don Howard appeared and stated the Parks Tax is a luxury item and the public won't support it. He said they can't afford another tax. He felt the City should maintain what is here and not propose new facilities. He also expressed concern about young individuals carrying knives in the South Ranney area and nothing being done about it. Mr. James Cook, a resident on West Mount Drive, stated he is an active outdoor person and � expressed support for the parks proposal. He asked that the Parks and Stormwater Sales Tax proceed and be put on the ballot for the public to support. Mr. Jerry Emerson, 2531 Peach Tree, appeared and complimented City staff on the sidewalks in Capaha Park. He stated that the chain Pagliai's Pizza on Broadway uses to close its parking lot after hours blocks the public sidewalk,and he asked the City to correct this situation. CONSENT ORDINANCES The following bills were given secord and third readings as follows: BILL NO. 07-102 AN ORDINANCE ESTABLISHING UTILIT'Y RATES FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, BY AMENDING CHAPTER 22 RELATING TO SOLID WASTE FEES, AND CHAPTER 29 OF TI� CITY CODE RELATIIVG TO WATER RATES AND SEWER SERVICE CHARGES - BILL NO.07-101 AN ORDINANCE ACCEPTING A PERMANENT SEWER ' EASEMENT FROM 'THE CHARLES F. BLATTNER VOLUNTARY TRUST AND JOYCE E. BLATTNER VOLUNTARY TRUST TO SERVE THE ENCLAVE ON SILVERADO SUBDNISION, IN Tf� CITY OF CAPE GIRARDEAU,MISSOURI Mr. Herbst made a motion,seconded by Mrs. Schneider, to approve the second and third readings � of BILL NOs. 07-102 and 07-101 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. 07-102 is ORDINANCE NO. 3823, BILL NO. 07-101 is ORDINANCE NO. 3 824. Proceedings of the City Council, City of Cape Girardeau, Mo. �,,,* Regular $eSS1011 June 18.2007 FF-323 � � BILL NO. 07-100 was given second and third readings as follows; �. ,�R '� :.�� AN ORDINANCE ADOPTING 'THE ANNUAL OPERATING BUDGET FOR THE CITY OF � CAPE GIRARDEAU,MISSOURt,FOR THE FISCAL YEAR BEGINNING JULY 1,2007 i Mr. Hopkins made a motion, seconded by Ms. Ritter, to approve the second and third readings of ' BILL NO. 07-100 and to adopt the ordinance. Mr. Hopkins made a motion, seconded by Mr. Herbst, to amend the budget to include revised page 364 on plan review fees and to include an additional $20,000 commitment to the Cape Girardeau County Transit Authority along with a request that a City ex-officio member be appointed to serve on the Board of Directors. If after six months that City ex-officio member reports to the City Council that additional funding is needed, the Council may authorize another $20,000 payment to the Transit Authority. The amending motion was approved upon the following vote: Ayes; Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. The original motion was approved as amended upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-100 is ORDINANCE NO.3825. NEW ORDINANCES BILL NO. 07-108 was given first readingas follows: AN ORDINANCE APPROVING'IT�RECORD PLAT OF TIMON WAY SUBDNISION � Mr. Herbst made a motion,seconded by Mrs. Schneider, to approve the first reading of BILL NO. 07-108. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 07-109 was given first reading as follows: AN ORDINANCE APPROVING THE RECOR.D PLAT OF GM BUILDING SUBDNISION Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 07-109. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 07-117 was given first readingas follows: AN ORDINANCE APPROVING THE RECORD PLAT OF GM BUILDING - CONDOMINIMUMS Mrs. Tracy made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO. 07-117. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 07-118 was�iven first reading as follows: � AN ORDINANCE AUTHORIZING TI� ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER TI-� PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF'TI�CITY OF CAPE GIRARDEAU Proceedings of the City Council, City of Cape Girardeau, Mo. Resular Session r,,,,p �Q �nm 4 E00600707DW Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 07-118. T'he motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. i BILL NO. 07-119 was given first readingas follows: _ AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT � SERVICE PAYMENTS, CAPITAL EXPENDITURES, AND TRANSFERS FOR T'HE FISCAL YEAR ENDING JIJNE 30,2007, IN THE CITY OF CAPE GIRARDEAU,MISSOURI Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-119. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 07-120 was given firstreading as follows: AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES FOR THE CONVENTION AND VISITORS BUREAU FOR 'I'HE FISCAL YEAR ENDING JUNE 30,2007,IN'THE CITY OF CAPE GIRARDEAU,MISSOURI Mrs. Tracy made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO. 07-120. The motion was approved upon the following vote: Ayes,Herbst, Hopkins, Knudtson, � Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 07-120 was then given second reading. Mrs. Tracy made a motion,seconded by Mrs. Schneider, to approve the second reading of BILL NO. 07-120. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. BILL NO. 07-120 was then given third reading. Mrs. Schneider made a motion,seconded by Mr. Hopkins, to approve the third reading of BILL NO. 07-120 and to adopt the ordinance. The motion was approved and adopted upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none.BILL NO. 07-120 is ORDINANCE NO 3826. RESOLUTIONS BILL NO. 07-114 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT - WITH JOKERST, INC., FOR T'HE 2007 OVERLAY PROJECT, IN THE CIT'Y OF CAPE _ GIRARDEAU MISSOURI The reading of BILL NO. 07-114 was approved and the resolution adopted upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 0'�114 is RESOLUTION NO.2285. BILL NO. 07-115 was presented as follows: � A RESOLUTION AUTHORIZING TI� CITY MANAGER TO EXECUTE A PROGRAMMING SERVICES AGREEMENT WITH CAPE GIRARDEAU SCHOOL DISTRICT NO 63 IN TI-�CITY OF CAPE GIRARDEAU,MISSOURI , Proceedings of the City Council, City of Cape Girardeau, Mo. _ Re�ular S@SSI011 June 18 2007 FF-325 The reading of BILL NO. 07-115 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. BILL NO. 0�115 is RESOLUTION NO.2286. _ BILL NO. 07-116 was presented as follows: �' ' A RESOLUTION AUTHORIZING TI� CITY MANAGER TO EXECUTE A CONTRACT WITH TI� CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY FOR PUBLIC TRANSPORTATION SERVICES Mr. Herbst made a motion,seconded by Mrs. Schneider,to approve the reading of BILL NO. 07- 116 and to adopt the resolution. Mr. Hopkins made a motion,seconded by Mr. Herbst,to amend the agreementto include an additional$20,000 commitmentto the Cape Girardeau County Transit Authority along with a request that a City ex-officio member be appointed to serve on the Board of Directors. If after six months that City ex-officio member reports to the City Council that additional funding is needed, the Council may authorize another$20,000 payment to the Transit Authority. The amending motion was approved upon the following vote: Ayes,Herbst,Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. The original motion was approved as amended upon the following vote: Ayes,Herbst,Hopkins,Knudtson,Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 07-116 is RESOLUTION NO.2287. � _ APPOINTMENTS Mayor Knudtson made a motion, seconded by Mr. Hopkins, to appoint Mr. Harold Hager, Ms. Esther Hartmann and IVIs. Elizabeth Mullikin to the Public Library Board for terms expiring June 30, 2010. The motion was approved upon the following vote: Ayes,Herbst, Hopkins,Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mr. Hopkins, to reappoint Mr. Chuck McGinty to the Special Business District Advisory Commission for a term expiring June 30, 2010. T'he motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. LIQUOR LICENSES Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the following liquor licenses. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. Renewal of the following: _ Retail liquor by the drink.• Cape Harmony Enterprises, LLC, d/b/a The Cape Club Complex, 433 S. Sprigg, Jeffery Robinson,Managing Officer Retail liquor by the drink and Sunday sales: Joanne Punyu Kwok, d/b/a Shogun Japanese Sushi & Grill, 289-A S. Broadview, Joanne Punyu Kwod,Managing Officer � Conditional renewal of the following: Retail liquor by the drink: Tamara Zellars Buck, d/b/a The Phat Cat, 731 Broadway,Tamara Zellers Buck, Managing Officer Tina Plaskie, d/b/a The Drop Zone, 860 Rush Limbaugh Jr. Memorial Drive, Tina Plaskie, Managing Officer Proceedings of the City Council, City of Cape Girardeau, Mo. �g�l�r Session inno 1 Q �nn� _�� ` ��:. McGroarty's,Inc., dlb/a Jeremiah's, 127 N. Water,Donald Ganim,Managing Officer Independence Place, Inc., d/b/a Independence Place, 5 S. Henderson, Ricky Werner, Managing Officer Independence Place, Inc., d/b/a Main Street Bar, 701 N. Main, Ricky Werner, Managing Officer - = Randy Entertainment, LLC, d/b/a Show-Me's, 1751 Independence, Randall Palen, Managing Officer S%Beer by the Drink.• James Nguyen, d/b/a Cafe `N' Me, 820 N. Sprigg St.,James Nguyen,Managing Officer OTHER Mrs. Tracy made a motion, seconded by Mrs. Schneider, to accept the sanitary sewer improvements to serve Orchard Park Subdivision, Sewer District 14-KK-4 T'he motion was approved upon the following vote: Ayes, Herbst,Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mrs. Schneider, to accept the sanitary sewer improvementsto serve the Members Building at the Dalhousie Golf Course, Sewer District 17-1- A. The motion was approved upon the following vote: Ayes,Herbst, Hopkins, Knudtson,Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Schneider made a motion, seconded by Mrs. Tracy, to file the recommendation of the � Planning and Zoning Commission to deny the request of Wayfield,LLC,for a Special Use Permit to construct five two-story townhouse structures for a total of 43 new units, at a location between Kingshighway,Boulder Crest Drive, Hunter's Lane, and South County Park, within a C-1, Local Commercial District.Neither the applicant nor his representative was present to request a public hearing. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 07-107 was given first reading as follows: AN ORDINANCE AUTHORIZING 'TI� CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT WITH GREATER MISSOURI BUILDERS, INC.,AND T'HE COUNTY OF CAPE GIRARDEAU, MISSOURI; AND CONTAINING A SEVERABILITY CLAUSE,FOR THE TOWN PLAZA REDEVELOPMENT PROJECT Mrs. Tracy made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 07-107. The motion was approved upon the following vote: Ayes, Herbst, Hopkins, Knudtson, - � Ritter, Schneider,Tracy and Voss. Nays,none. City Manager poug Leslie announced this would be City Engineer Jay Stencel's last City Council meeting before moving to Minncsota and wished him well. 'There being no further business, the City Council adjourned upon Mr. Hopkins' motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Hopkins, Knudtson, Ritter, Schneider, ` , Tracy and Voss. Nays, none. V Jay B.Knudtson, Mayor � Gayle L. Conrad,City Clerk M a "s:.��<.>':�'?":<><'`<��<::>'.::;';';> 10 2 ::�::;::::;;:>;:::<:;:::::>::>:<:,:.: :<::>;:>:>::::>:�::>::>:...:.;,... ;`�.>�<«;;`:�.:::::: .:;;� Y , 007 ::::>::>:>::>�:>:::�:;::�::::�><>:>�>`<:'::<> ::>::::>±�r<::;>:_:::::;;:>::;::::::»::::::: ;;:::;;3k:s:::::s:>:;>>._;::>:::::::<::>:: � ;:t:�;`:''.';;:i,>.:':��:''i''?::."�..'�i``ii:;>. • . . �........ .�::::»:�:�:�>:o>::�s::�>: �:i[�};�:<:i;::::ii..''i:x�'�t%��..�?3v'':�::';i'''ii'"3t'$: .:::ii�:;':iii;a:':�;'::i`�r;?3i'::i'i;':;;;;:<?.: ;�i'i;�:'T,i:iS:i;;�'::::Si`'i.';; .t::t:i:'j^w:y�:::5::;%t?:;ii[;t:i[ti;(�i[: Honorable Ma or a nd Co uncil �'<:>:�.:.;;:.:<. :,;;:::::�::€::::::::::<::::>:>::::::::>:>: Y >:>::::>:ICk::<:::>::>::::::::>::>:::�:::::>::::::: Of the City of Ca e Girardeau Missouri <��'�`:<�:::::::<:::`;~:>::»`::<:::::;::>::::::::::<:::::> P � �`3::.;>:;,:.;::;;;;;:.: <:�;:<�::: �• :<><:>'�:.,:»::>::;:::>::»>:>.;>:::>: :::::>:<�;::;:::;::;2::>::::>::>:'>:;::::»:!>::::::>::::::: ><:�>:�:�':�>:':>>:»::?>:>:?>: :::�<�>�'!.+E>;;:�>i>:ii:>i»>::::�:�::'::;:: i:;:`y:�::i:2`t`';%:;yi'�;:t�S'�t�!2[: Gen 1 t emen an d La � «»>�::;:::::::>;; <;>`<:::»::>> dies: :<:::>::�:::>:<::::::;:::::::;<:;::::::;«:> >:::::::�±:::»�:::><>:::<:::::;::::;::::>:i::: <>::>:::�Y*:::><::::>::>::::::>:«:::::>:::: The Plannin and Zonin Com � mission met We dnes g da Ma '::»<:::::�::>>::::::::::>:::::::>:::>::::>: g 92 0 07. :::::::�4<::::::::::»;:::>::>;:::::;::::;;: Y� Y , B ma�ori vote actual vote coun Y J h' , ted and in th e file , we act an d/or rec omm n e da sf 11 0 ow • ;:�`'_`�>;>`>"��;>'�>':.;;:<' >_»:::<:;:;<; s. ;:.;>:;�<::;::;::::: >:<::::>::::;::<:>: `::>�><:::><::»:>:;;<>:;:>>; 1. T <:>:;::<�:�:::><':::>:>;::::::»:::<<::>:::: hat ::.:::.;:.;: >:::::>:::::>:::;':::«:>:::::::::;'�_>:: >::>::::>::;:<::�:>::;.::>::»;:::�:> the recard lat far Zieba Subdivision be recom ::::::<::<::i�::::::::::>:::i:<:»:::::::::::::::: P mended for a r oval. N o citiz ens a e ared re ardin PP th e re ue >::::><::>*�»::>::::<>::::::;::::>:: :; st. T PP g g q he vote on th em � otion to a rov ew as7i nfv a or and 0 in 0 ;':::"�'<`:::::::<::::»::::: <::<:;:: ositi >�;::�::>:::::<:::>`:::::::>>::>::::>::::> PP pp on, with Scott Rho des a bstain� m f or fin anci ;`:;:�:<:::: .::»::::::::>::>::>;::::>::>::::::: al r ::::,.�::::.:::.: :::::.::.:.:::::: g easons. i;:;i.i�i��;:i;:i;'."''.`'i:':`i;?ii::ii; �:::��,^1,�}:::::�:tn::�:;�;;::;a;:'�>: `;i��'<ii'i::1!�:[t:ii2`:;::::;[::i:ii[[ii;i:;::?[: Y::`Y:i�.>.:�:�::::::.:.:::.:.�.::::..:.�..:. <:; �....:::.:....;,.;.;.::.::,;.;;;..; .,;, ; Kent Bratton discussed some issues that were brou ht u at the Council �:>:::::>::>::::::>::::: g P ::>::>:<�'>::::>::;;;.. ;:.;:;.;;:.;;;;:::>::::;;::::: retreat. »::�::::=::»::>::>::::>::>::><:>::: <�:::>:�>:;::;<::>':::<::;<:; ;;G::::: ;;`'�`:::::::.:::::>::;.;:::.:.;;;:.;:.;:::: >:::>`:::>«:>::::>:>:::::>:>::::>::::<:::::: The Commission discussed the TTF program and the use of TTF funds. <::::>�::::::::::::>:::::>::::>:::::>::::<:. '>:::>:k'�3:::>:`>::<_::::;::;:::<;»:;`:;: >::>::><::>::::._.:::�:.:...:.. ::::.. •�-::: ?::::»::::�?<:::::::::::::<:>::>::::::::><::> The Commission di c s ussed and a eed to re comm en d to th e Ci Coun � :::::`:::::>�'::>:::';:><:::::::::::::::':: � tY cil th at the Pl n � a nm and Z � onm �;::;i`;�<>::».;;'.'<<», �:>::>::::>:<:;<:>::::><::»::::>::::>::::::::>:::: Com ' ,;..;,,,.�� ;,:,..s�;; ; >; ,; g g rrussion be reduced from 11 members to 9 :<:::<<::�::::>::::;:::::::>;::::;::: ::>:» members throu h attrition and that the current vacant g osition not be filled. >::>::::<>s>>:::<:» ::>:::»::::>:::::::i P h ' C airma n Hau :: :::�:»::::: ::::::::;:;:;;>::;>; bold w as autharize d to send a lette r to the M a or and Ci ;;>:'`:�<><:;:::<:;:::;:::::::>:>;:>::< :::::><:::> Y h' ^;:;«�:.;_.;:.;:.:;.;:.»;:.;:.;;;.; Council in this regard. :`::::�:!�!i<::<:::><::�:::>::;<:;`<:;::>:>:'; � 'i?"?��`�i`'i::?:ii;i�?i';��;:;ii`�i':2.:i:;?i;i;�;;: Res ectfull submitted p Y , � - ;:�;::;:�'::>':`''z';`:<:>�<::::z:;:::<:;:;z`:;:;>;s , ��" � � ln� � � GC- �, V�' Gti1'"',-` � � Ral h C.M axton P Se r ;;;��z:c`:z�z:;::`>::»':::'<ij<E::`<>;< c eta rY >>":<�:'>`:::<<:<>`:>::>:'< <::<``:>:<>::: `:»�:::��::>.:�;::»:::<::':'<::::<:::>::::�:::::::»:::::'>:::::::::i >:::<:::�::::::>::::>::::>::>:5�<::::�>:::::>:::<:;:::»::::: "::::i::;ii!:f�51::::::::::::::::::::i:::k::::::::;:::::: ;;::::::::�:::;::::::::::::::::::i::::i:::::::::� Pr esent: Haubol d Hinckl e B ertran d Buh s R i ed er , Rhod es , Y , � , �>:>::>:::?:��>::::::::>::::: :>::::::>::::::::>::: g � >:::>;::;`z�:.::;:;:.:.�;;:.:.;;;>;:.;:.;>;;:.;:.;:.;. :;>:»:::�:::::::::>::>::::::>::::>::::::>::>::> Smallwood Swan :::::::::�:::;::<::::;<:::::>:::>;::>::>::::::> � :<:>::t >':::>::::;:>::::::::::>::::::>:::::: ....�...................... ;i:;::��"<:<:::s....::::>::>:::<:::::>::>::>::::><::::>: Ab n • se t. Maxt n ::;::::::>�;:::::;<:>::::::::<;:::<:::::>::::: o McClanahan ':»»«:::::>::>: <::::<:::: ::>::>» , �:<>:�::>`:<:;:..:::>:>::::::>:::>::::>:<»::::::> :::.;�;;;;;:.;;::.;:.;:.;:.:.;;;::; ':<:>:::�:::>:<>::::<:':::::::>:::::<;:>> ':>:>��;'::::.;:.;:. ; ::�;:��j�':3:::`<;:;>:':<:>;';'?�'�s:`; r2:$'li�:i:'.'�i:i�`:::ic:'i:>ii?< ...... ':i:;':��:;':t::::.:'•�;•»:�:�;::.::�:�>:�>:�:�::�::o i::: it• :�:�i:�::=i:�:�:�i:�:�:�i:�:�:�i::�i: :';:;$i�';"':;�:�'�:�::�:�::::;:;:;:�:':;:;: i`�`'?�'`iJ:�i`�i;#'ii�`?'�i ii:'':';�i i�ttnt[��.�iiir2�iz�!'iitt;i i'.;r:[; . . ��i�i2�isi:i.i'''i:i:Y'it�i.i.:[li':i.................... ............. . ...................................'�.y..,,._.,....................... ;:'i:<:�"'�lt�i�[�:St�ii i;'t�3;ii!�it'G'�3! . �ii':i�:;:%�i:?i:�i ci::::>i2Yc?: i;?;`'�.��t;.`;: :::::��i:::>3:;i[f:'t?.t t:i%''�t iE;ii'�::�''r.�:''':i;<i�t:::i;;i';i;i;i . Jun e142 00 ? �4:�``':j>.�:,;' ••�'••iv��X{G:: 7 :....'.....:. ..:.:::::::::i::i':i�:J:::i::':{:?:::jj:{'>:i:i:::': . ::�.::�:::::::::�::::::::::::::::::::::::::::::�:::::: T � ��:�:��:::��:::::�:::::::::::. :::: ��.. Honorable Ma or and Council `;''`.�>`�>::::: :>...:;.:::;:��<::><«::;::..<:::>::>::»::':�:'';:::;<`>;:;::i: Y ;..:. �.: :<:>::�:::<�:';::?:::}'.:.:::;"'':::>::::::::::::::;:::?::<:« .;.;;..,r�r�;.:.,,.,_: ;.,..,.; ;, Of the City of Cape Girardeau,Missouri �::>:::��::::<:;::::<::::�;:::::::;:>:: ;:<�>:::�:>:::;:.; .. .:.;;;:::>�::;:>:«:::;'::<'::»�:::>'::':>>:: :::<::<::::�*::::::>::::::::::::::>:»<:::<>:>::> Gentlemen and Ladies: `�`'�'��>�:::::::<:>: :: ::>::::»>:>::>:::::<:>>::>::>::; �::,;:;,<,.>:�:.;:.;::. ;...,,.�:;..:..;;..�<::::»>::<�:V:�•:»::»>:::::<:>::>::::::>:::;:: >::>::::>::>�!:�!!�::>�::::>::::::::»:::::::;:>::>::::::>;:>:s::»: ::: <:»:<:::it*�::>«>::<:::::>::>::::::::::::>::: The Planning and Zoning Commission met Wednesda June 13 >:<::::::::::':i�[:<':>::>:><::;:'::;::::';:::::::::>: Y� , 2007. B ma�ori v ote a ctual v ote c ounted a :::::::::>:::�:::;:::<:::::::::><::>:::;:;::::::>: nd i Y J n' , n the file, we act and/ar r eco mmen dasf ollow • >:::;;�'`>':<`;`'`'<��;<;<»>: s. :�<:>::�>:::::>:::><::::<:>':>:::::>:::: >:::<::�<>::>:;::>:::;><>::;:s:<:::::::: ;::>:::I�*::::>:>_>::<:::::::::::::>»::>>:: 1. That the re ue st of Wa field L LC for aS ecial Use P q , ermit to '::::>::::�::<�::<>:�>::;:;:::;;::;::::>`<< Y , P ::::>::::::�s:::>:<:�:::::::::::.::::>;>':::::: construct a new 43-unit multi-famil resid ential ro'ect consistin of Y p J g five - tw o sto town hous e struc ture s at th ' e mt r >:;:';`::<�<: :>::::>::'.'>':<:::>:::::::s:;<>:::;::>`< e sec � ::>;:�::>::::;:::::<:>;::>::::::::::>:::::: rY hon of Boulder Cres t Dri e � v and H unter - s La ne w� � itlun the C1 L ocal Comm :»;:::�>:::::><:::»:::>:::>:::<:::<> , , ercial ::::'>`:>ri::::::i:'<>::::><::>:'>:::;:s;> Di � strtc t be rec ommen ::::::::: <::>:>�;:>::> >:�::<:::<:»_>'> , ded for disa roval. Neither the a licant nor a >::>:>:::>�:::>:>'<::::;>::;:>:::;:::;:; PP PP re res entativ e for h t ea licant w a s resent to r esen P t the ro� ect. B :>::>:::::»�:>:::>:>:::::::>:::::>::::<>::::': o >:<:::>su�::::»::::::»::>;>:s::>::>:::::<: Pp P P P J Shan tz D an Emm end r o fer D � avid B ruc e De � , nms H aertlin an � ,��'::''�>:::>;:::::<;::<>:><::::;:;;:::; , d Paul >::>::�>;:::»::>::::»»::<:::::::::::: � g� Jame s a e ared in 0 0 � � sition to th .;;>;<�::>:>: `::>::::»:::;:>::::::>:::::>::>::> e r ' ....,..;�.;,.;,.;,,, .;,.,,.;;, . pp pp p o�ect. Issues raised by the �<:;::<::<.�:::<:>::::>::::;::;::;�::>:<:::::: neighbors concerned traffic im acts and adverse im acts on the :>::::>:::::�:::<::>::::::<:«::::`::»:': P P .<�.�»><�.;:.;;;::.;.::.:::.�::::.:::::..:.�:.:. neighborhood of a multi-family project adjacent to sin le famil '<::»::�::: :::<.:>..<:i:><:;::»>:�'<:::>:>::::»::::::>:;::::::i:::::: g Y a?,;.;;;:.;;:;,:;.;;;: ;::;:>:::�:>_:>:»:::. .::::::::.:.::::::;:»::> zonin . The v ;;;;;�„ :. ,,;.;; :. _;; g ote on the motion to approve the request was 0 in favar and 7 in o o iti s on wi th Sc ott Rhodes abstain� m f or fina � ::'::::�::>::::::::::��:<`:`;:<» pp g ncial `':`�:�:>::.::.::.::::.::.:::::::.:.::.::..: :<�:::::;::>::'::><:::::<<<::::::> reasons. :`::<;�;>::::>::s::::::>::::>:<:::::>::::: >;::::<�+�t::>>:::::>;::::;;;<::::<::::::: <::::>:::>:<::::.:::::::. ..:.::: ;:.::::::.: �:> ;::::»>'�:>:<;:><::::::<:>::::>::_:>:::<: 2. That the re uest of Christ Church of the Heartland fo r a S ecial Us q e :>;:=:'�::>:::;::":::<:::>::::>::;:::::: p Pe rmit to o erat eada care an d reschool for a m � aximu »<:::>:�::;::<:>:::: ::>;:::><:<:>:::::: m of 60 P ,;:.:;;;:.;>;:. ...;;:::::: =.; �"s:;:>;i:::::;;>�'`'::`:;:;:..::.;;;;;. .;>;:<.;:.;:::;;:.;:.;:.;:.;:.; Y P '.:>::>:'>:�::>::>::`:>::::::>:::::<::::<::::i::: children at their existing church at 720 Bertlin Street be <::>;::::::::�:'>'>:'>::>::::>?::'>:<:>::<::: g , reco mmende d for di sa r val PP o . Pastor Za che S tron r esented the rY >:<:::::::::�::�:::::>:::::;:;:::<::::::::::::::: g P «:�<_<:�::::::>`::>: s<:::>::::::»::>::::>::::>::::::::>::'::; project. Donald Jung, Claudia Ruediger, Gene Johnson, Gerald L. <><::;;:A�i:<:>::>;:<:::::<::::::<::::<::::::> Jone s Jenn Sti ers Harold Ridin s Stevi F n oeste , Julie Ti ton Y g , � >:»'s�<�:::`:<<>f;'`:<:::>:::':>:�`::><>`>><: g , P , Steve Sti ers, and Ga lon Smith a eared in o osition to the g Y pP PP ro� ect. I ssues rais ed b the nei h bors con cerned tr affic im acts an d P J Y g P ��;<>';'��;��.';�i:iti;;':;i::;:`'>i;i:�;::,;;i:`:;;i;;:ii!;:! an a dver e im s act on the nei h borho od of a da care and reschoo � P g Y P lm a lar el sin le fa � mil nei hborhood. Th e Com ' tmssi n g Y g Y g o was concerned that this w ould be a comm ercial v enture in `:�:�>:�:�:::;`�:::��:.�::» ::��::' : '`: a residential n � ei h r bo hood and would be better 1 ocated in a commercial ar a g e . The :::t:i:i.��:::EE`:<`��>>z:::::::::!:;�;:!;:�.;:::`:>�':::�; vote on the motion to approve the request was 0 in favar and 8 in ':>:;�k:::""' �°:>::>::>:::::::<:>:<:::�::>::::::;::»::<::::<:::::::: ::<:>::>;�ri�::>_::::>::::::::::::>:::::<::::«:»>:::::::::<:::: ;::;.;•.,:>::>::>;::>::»::>::;::::>::::; �PPosition. ;::::::�:»::>:«<::<:::::>:>:::::::>:<: `i�''`��::>::i>>:?.:'':`•.�z;>�;::::';::;:;:;:;::;:;:::;::: ::�;>::�:::%o::.::x?;.:>::.:�>:.:; 3. That the preliminary plat for Boulder Crest Estates be tabled. The :>;:>�:::::><:::>::>::»::>::::::;:::::::<: >�>�>::::::, .:::>::>:<:::><:::::>::::::::>::::>;: ..�..:�::::.:.::::::::.::: motion >:::<:>::::>:::<:>::»<::.;:;:::.::: �<>:�:>;��<:::::::»:.. :�<:::;:::::::<::::><:>:::>>::::::<_: to approve the plat was withdrawn. The vote on the motion to tabl e was 7 in v fa or an <:::>::::�:<:::;:>::::::::::::<:::>:::;::::;> d 0 in o osition wi ;::::::<:::«:::;";::::::<:>::;::>::>::::::: pp th Scott Rhodes abstaining '`«<:>�::::::>::::>:=� ::>�<:;�:::::::»::::><:::::::::::< for fi nancial reasons. .;:�.:.:;;-::::::::.:;:,.:.:. >:�:::;;:<:i::;:;':;<:;`;:;;;.:;::.: ;."':�<:>:::.;;;; :: »>:<:>�:`;:`:>:::;:':<:>�<'::��:::<::::::`::: 4. That the record plat far Timon Wa Subdivision be recommended for ;:::::::>:�:<:>::s:»>::::>::>:::>:::::<:::;:> y ::<:::::�'::::::>;;;:::::::::>:<::=:::::€:: approval. No citizens a eared re ardin the re uest. The vote on :;:::>:<;::::K�":::::>:::::>:i::::»::>::::>:;::<:: PP g g q the m i ot on to a rove was 8 in fav r o and 0 in o osi ion <:::�>`�::::;;:::':: PP Pp t . <>>::�tt:'?::�»::>`:>>�:'�:»::>':>:<�; >.:;':�?::�'`:;:>::::<::':>'::':. .::,..�::::::::::::..::;..:. `��::>:<:>:>.: �<::::;::>`::`>':::`'`<:::>:;;`�:':>:::;�:'>�;;;;.�:<::;..: <:�`'>:<>:':`:> :::><:»4�::::<:»::>::::��::`:'>':::::::>:>: :::;;.� ::��;:<:.;;':: <`�:':: ID �FT 5. That the record plat for GM Building Subdivision be recommended ' for approval. No citizens appeared regarding the request. The vote � on the motion to approve was 5 in favor and 2 in opposition, with Scott Rhodes abstaining for financial reasons. 6. That the record plat for GM Building Condominiums be recommended for approval. No citizens appeared regarding the request. The vote on the motion to approve was 5 in favor and 2 in opposition,with Scott Rhodes abstaining for financial reasons. Respectfully submitted, Ralph C. Maxton Secretary Present: Haubold,Hinckley,Maxton,Buhs,McClanahan, Rediger, Rhodes, Smallwood Absent: Bertrand, Swan � � CITY OF CAPE GIRARDEAU � VISION 2020 COMMUNITY RELATIONS COUNCIL MINUTES, JUNE 26, 2007 UNITE - MOTIVATE - RECOGNIZE - CELEBRATE CHAIR Connie Hanner presided. 11 BOARD MEMBERS PRESENT: Connie Hanner, John Mehner, Debra Mitchell-Braxton, Paul Nenninger, Shirley Patterson, Marcia Ritter, Jerry Swatzell, Bill Vickery, Teresa Wildman, J. J. Williamson and Wes Wright. 4 BOARD MEMBERS ABSENT: Heather Brooks, Melvin Gateley, Joe Pujol and Bill Tegel. REVIEW OF MINUTES: May 22, 2007 minutes were reviewed and approved. TREASURER'S REPORT: No changes in either account. PURPOSE OF VISION 2020 COMMITTEE/ROLE OF COMMITTEE MEMBERS: John Mehner stated that the committee began as Vision 2000. When a plan is developing in a committee we take the plan to the City Council. We are an oversight and cheerleading group. � Those of us on a committee are to urge the members on. There are four to five goals and we do oversight. We do the urging and make sure the goals get done. We do an annual report to the City Council. This year's report will take place on July 23. TALKING POINTS/POSSIBLE RECOMMENDATIONS TO THE CITY COiJNCIL: The committee considered the following talking points. Connie will check with Heather Brooks for the feasibility of each point. Then the points will become recommendations to the City Council. 1. Reduce the number of ineetings to four times per yeaz. 2. Generate a semi-annual report to the City Council outlining the monitoring progress of the - Vision 2020 Community Relations Council on initiatives that align with the Strategic Plan. 3. Submit those findings in a press release that is disseminated to regional media. 4. Submit findings for publication in the Cape Chronicle. 5. Melvin Gateley Awards of Distinction nominees will come from the chair of each implementation team and represent a volunteer in the community that has served the Strategic Plan in a stellar fashion. 6. Revision of description of committee responsibilities. IMPLEMENTATION TEAMS: ARTS, CULTURE, LEISURE: Paul Nenninger reported that the committee has met several times. They are focusing on expanding the soccer league in the fall. The group is working on � diversity in the youth groups. Participants can come in with a buddy. Transportation should be available for the kids. There is a trust issue with parents. There is a lack of funding at this point. All participants should pay something if they can. COMMLINITY SERVICES AND ENRICHMENT: Wes Wright stated that a report was provided to the secretary in May with goals, objectives and strategies. � ECONOMIC DEVELOPMENT. John Mehner reported that they will convene an Economic Development group. A federal grant of$65 million was available. Out of 73 submissions, Cape Girardeau received $5 million, to come over a period of time, to work toward economic development, including job training. The grants will be coordinated through the Workforce Investment Board. EDUCATION: The position of Chair is now vacant. TRANSPORTATION AND INFRASTRUCTURE: J. J. Williamson commented on the media press pertaining to the "rusting" walkover at Highway 74. Marcia Ritter said this is a focus point of interest to the City Council. J. J. will follow up. VACANT POSITIONS: Bill Tegel will be the Vision 2020 Vice-Chair. The position of Chair of the Education Committee will be considered in August. Replacements for poug Austin and Stan Stough will be considered in August. John Mehner will check on those interested in serving on city committees. MELVIN GATELEY AWARDS OF DISTINCTION BREAKFAST: Connie Hanner reported that the breakfast will be at St. Francis Hospital on Tuesday, January 29, 2008. She provided the group with a list of those who have previously received the Award. Each Implementation Team Chair is asked to submit a nomination representing a volunteer in the community who has served � the Strategic Plan in a stellar manner. Doug Austin has the invitation list. The team is considering a gift to recipients which will be meaningful in recognizing their achievements. There was discussion about giving fewer gifts to the recipients. Recommendations for a guest speaker are needed. ADOPT A STREET: Connie Hanner and Shirley Patterson picked up three bags of trash on Saturday, June 16. Doug Austin is scheduled to be in charge of the pickup in July. Connie will check with him and keep us informed about workers needed. KEEP SOUTHEAST MISSOURI BEAUTIFUL: The role of Vision 2020 was discussed. John Mehner reported that directional signage work is on hold. MODOT will pay for its own signs. Cities are responsible for their own signs. The CVB wants all signs in Missouri to be alike. There was concern reported about the safety of having mile markers in tenths of miles. NEXT MEETING: Vision 2020 will not meet in July. The next meeting will be on August 28. The meeting adjourned. Shirley Patterson, Secretary/Treasurer, 573-334-7691, cw3po a�vahoo.com FOR THE GROUP: Bill Vickery's organization on the Implementation Teams list is SBDC, not SBA. His e-mail address is wrvickery�a�semo.edu. � June 15+h, 2007 � City of Cape Girardeau Cable Television Advisory Commiltee Meeting Minutes Commiltee Members Present: Michael Buckley Dan Timpe Jim Dufek Tim Kelley Drew Wright Andy Chronister Rick Lambert Dr. Peter Hirschberg Jim Dufek Also Present: Michelle Hahn, Public Information Manager Absent: Denny Reeves Don Jung : � Meeting Called to order at 12:1 Opm A review of the May 11 th minutes revealed that Dr Peter Hirschberg was incorrectly listed as absent. Motion to approve amended May l lth minutes: Dufek Second: Hirschberg Issues Michelle Hahn discussed a recent meeting with Charter managers and city officials. She stated that Charter indicated no intent to try to take away the city's use of Channel 5 at this time. Hahn distributed June 2007 Channel 5 program schedules. It was suggested that future program schedules inc�ude the Community Calendar to reflect 24 hours of programming. Hahn also announced that a new part time employee has been hired to help update slides for the Community Calendar on Channel 5. 3 programs were sent to Hahn on DVD, with a request to air on Channel 5. This request came from the St. Louis area. It was determined that the board could not refuse to air these programs based on content, but could decline to air them as they were not /"� originated, or sponsored by persons in Cape Girardeau. t � It was discussed whether other "out of market" programs needed local sponsors, and � whether viewers should be informed of those sponsors. It was determined that a sponsorship slide should air immediately prior to, and following programs which were not originated in or about Cape Girardeau. In an effort to find original programming for Channel 5, Hahn asked Timpe to request copies of the KFVS12 program "Perspective" to air on Ch. 5. Jim Dufek suggested a Channel 5 link to Grauel (Rose Theater) on the campus of Southeast for future live programming. In regards to the 2007 Video Services Provider Act, it's been determined that the city will lose $54,000 in total revenue, including $24,000 currently used to transmit coverage of City Council meetings on Channel 5. Hahn indicated that if the city could raise $12,000, a matching grant could provide the additional $12,000 needed to continue coverage of City Council meetings as currently provided. Also in reference to the 2007 Video Services Provider Act, the future of the Cable television Advisory Committee remains uncerfain. The next meeting was set for: Friday, August 17t", 2007 12pm Room 205 in the Grauel Building . � On the campus of Southeast Missouri State 12:53pm Motion to Adjourn: Dufek Second: Buckley � r � CITY OF CAPE GIRARDEAU Office of the City Manager Council Memorandum No. 49 Agenda July 9, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointments to Special Business DistrictAdvisory Commission Dear Mayor and Council Members: Mr. Steve Mueller was serving on the Special Business District Advisory Commission for a term set to expire June 30, 2008. Individuals who serve on this commission are required to own property or operate a municipally licensed business within the boundaries of the Special Business District. Mr. Mueller no longer owns property or operates a business within the boundaries of the � district and,therefore, is no longer eligible to serve on the board. Mr. David Hutson has expressed interest in being appointed to the Commission,and his board suinmary is attached for your review. There are no other qualified applications on file for this commission. Unless directed otherwise, one appointment to the Special Business District Advisory Commission for a term expiring June 30,2008,will appear on your next agenda for consideration. If you need any further information,please let us know. Respectfully submitted, �` �C�xcc� Gayle . Conrad City Clerk %``" Douglas K. Leslie City Manager � ! CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees � June 18, 2007 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. Special Business District Advisorv Commission Date Annointed Date Reavnointed Term Exnires vacant(Mueller) --- --- June 30,2008 Kent Zickfield January, 1987 6/21/99; 6/17/02; 6/20/OS June 30,2008 Frank M. Kinder August 4, 2003 7/17/06 June 30, 2009 Phillip Brinson January 22,2002 7/21/03; 7/17/06 June 30,2009 Charles P. McGinty,Jr. June 18, 2001 7/19/04,6/30/07 June 30,2010 Serve three year terms,appointed by Council. Meetings are called by Chairman;required to meet one time per year. The City Manager or his designee shall serve as an ex officio member. Commission administers downtown special business district. Kent Bratton- City Planner. � � CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY ��e� � �` ��0�'1 Telephone: Day �3�� Home Address a CT�►� t,l,� Evening3� �-3�`7� E-mail Address 1�Q �� C�, , `f' Year Current Residence in Cape Girardeau Began Current Employer and Position �Y�� Y�. �,��✓l,i, � �'C� -�� Previous Employers and Positions In which Board(s) are you interested? '�c',.-� VIA, �-' � . S ecial Qualifications for specific board(s) (include past boar service) � . � � � Educational Back round S 'r �--,� S ( � � � Communitv Activities (Include offices held and co ittee service)� �V� , �� f� ' � (c�, � 1 . � . � 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? � Yes ❑ No By signing this document,you agree to serve and attend regularly. Three(3)consecutive absences,or four(4) absences in any twelve(1 )consecutive months,will result in your position being automatically forfeited on the board/commiss' n. �igne ` , Date �C 3 c� ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office,P.O.Box 617, Cape Girardeau,MO 63702-0617. � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Memorandum No. 50 Agenda July 9, 2007 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Historic Preservation Commission Membership At their May 16, 2007 meeting, the Historic Preservation Commission discussed the desirability of reducing the number of inembers on the Commission from the current eleven (11) to the original nine (9). There are currently three (3) vacancies on the Commission. At the June 18, 2007 Council meeting, the City Council approved the Planning and Zoning Commission's request to reduce the size of their board from 11 to nine members. The Commission discussed the membership issue further at their annual retreat held on June 20, 2007 and determined that this would be the appropriate time to � submit the same request for a reduction in membership for their board. The Planning Services staff previously surveyed 14 cities of comparable size in Missouri, Illinois and Kentucky to determine how many members served on their historic preservation commissions. Three of these cities had 7 members, one had 8 members, four had 9 members and Cape Girardeau had 11 members. The remaining six cities did not have an established historic preservation board. Jo Ann Radetic, the Certified Local Government Coordinator for the Missouri State Historic Preservation Office, has also recommended a reduction in the size of the commission. In an e-mail submitted to the Planning Services Office, Ms. Radetic stated that, "Based on my personal experience in managing a preservation commission, I would encourage reducing the number on Cape's HPC to 7." Therefore, the Historic Preservation Commission is requesting that the City Council approve its request to reduce the membership from 11 to 9. This can be accomplished by an ordinance amending Municipal Code section 30-117(a), which currently reads as follows: Sec. 30-117. Historic preservation commission. (a). Composition. The Cape Girardeau Historic Preservation Commission shall consist of eleven (11) members, the members to be residents � of the city, all of whom shall be appointed by and approved by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the Council Memorandum No. 50-- Agenda July 9, 2007. � Page 2. preservation commission shall include professional members representing such � disciplines as architecture, law, real estate, history or any other field related to historic preservation. (b) Terms. Except as otherwise provided in section 2-98, the term of office of the appointed members of the preservation commission shall be for three (3) years, beginning on the seventeenth day of April. All members' terms shall be staggered so that four (4) members' terms shall expire each year, but every third year only three (3) members' terms shall expire. Vacancies shall be filled within sixty (60) days. The Commissions' recommendation is that the reduction be accomplished through attrition. This reduction would leave one vacancy on the Commission to be filled. Res ctfully submitte , . � ent M. Bratton Director, Division of Planning Services �' , LE��!� � Douglas K. Leslie City Manager KMB/DKUbds Attachments: (1) � � NUMBER OF COMMISSION MEMBERS Plannin�& Zonin� Historic Preservation Cape Girardeau, MO 11 11 Blue Springs, MO 11 -- Carbondale, IL 9 9 Columbia, MO 9 7 Farmington, MO 9 -- Jackson, MO 9 -- Jefferson City, MO 9 9 � Joplin, MO 7 7 Paducah, KY 7 __ Perryville, MO 6 +2 alternates -- St. Charles, MO 8 g St. Joseph, MO 9 9 Sikeston, MO 8 __ Springfield, MO 9 9 Wildwood City, MO 8 7 Telephone and Internet survey by Donna Clark, Planning Technician, Division of Planning Services, Apri123, 2007 �