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Home My WebLink AboutCouncil.Agenda.07-18-2005.Packet � � u � . a e irar eau � . . issourl � CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street � City Council Agenda Monday, July 18, 2005 7:00 p.m. Invocation— Mark Martin,Associate Pastor, St. Andrew Lutheran Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes July 5, 2005, Regular and Closed Sessions Adoption of the Agenda Citv Council 1. Communications to be presented by members of the City Council 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. OS-130, an Ordinance amending Chapter 6 of the City Code relating to animals. Second and Third Readings. Letter No. 217 Action 6. BILL NO. OS-137, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of the southern end of the proposed development site at Dalhousie Golf Course from R-1 to R-2. Second and Third Readings. Letter No. 218 � Action 7. BILL NO. 05-150, an Ordinance approving the record plat of The Lochs at Dalhousie — Amended. Second and Third Readings. City Council Agenda Page 2 July 18, 2005 � Letter No. 219 Action 8. BILL NO. OS-151, an Ordinance accepting a quit claim deed from the Missouri Highways and Transportation Commission for a remnant of the Old Mississippi Bridge. Second and Third Readings. Letter No. 220 Action 9. BILL NO. OS-155, an Ordinance authorizing the Mayor to execute an Intergovernmental Cooperation Agreement with the City of Jackson, the County of Cape Girardeau and the Southeast Missouri University Foundation for the LaSalle/East Main Interchange Project. Second and Third Readings. Letter No. 221 Action � New Ordinances 10. BILL NO. OS-159, an Ordinance accepting a permanent utility easement from Lowes Home Centers, Inc. for waterline improvements. First Reading. Letter No. 228 Action 11. BILL NO. OS-160, an Ordinance approving the record plat of DSWD Independence Subdivision No. 3. First Reading. Letter No. 229 Action 12. BILL NO. OS-161, an Ordinance accepting a quit claim deed from the Missouri Highways and Transportation Commission for work related to the South Ramsey Branch Lift Station and Force Main Project. First Reading. Letter No. 230 � Action City Council Agenda Page 3 July 18,2005 � 13. BILL NO. OS-162 an Ordinance , authonzing the Mayor to execute an agreement with the Missouri Department of Transportation for a grant to fund a general public transportation project to be funded under Chapter 53 (5311) of Title 49, United States Code. First Reading. Letter No. 231 Action 14. BILL NO. OS-157, an Ordinance approving the record plat of The Villas of West Park. First Reading. Letter No. 232 Action Resolutions 15. BILL NO. OS-158, a Resolution authorizing the City Manager to execute an Escrow Agreement with California Homes, Inc. and Capaha Bank for 'The Villas of West Park � Subdivision. Reading and Passage. Letter No. 232 Action Anpointments 16. Appointment to the Golf Course Advisory Board. Letter No. 233 Action Other 17. A motion approving the preliminary plat of Cape Rock Woods. Letter No. 234 Action 18. Other business. � 19. Adjourninent of the City Council. * * * * * * * * * * * * City Council Agenda Page 4 July 18,2005 � The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall, 401 Independence Street, on Monday,July 18, 2005, 5:00 p.m. * * * * * * * * * * * * The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the City Council will hold a closed session to discuss legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters,pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). � � CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 217 AS�� July 5,2005 The Honorable Mayor and Members of the City Council City of Cape Girazdeau,Missouri Deaz Mayor and Council Members: Subject: Animal Task Force At the October 4, 2004, City Council meeting the Council authorized City Staff to proceed with the formation of an Animal Task Force to review and make recommendations on current animal ordinances. The following items were to be examined:(1)Definition of a commercial kennel;(Z)transient animals;(3) upper limit on number of anima]s per house/residence; (4) leash laws; (5) acreage of property and how many auimals a person can house;and(6)the keeping of barnyard animals in the City limits. As a result of this directive,the following individua]s were contacted and agreed to be members of the Task Force. (1)Veterinarian Gwen Fryhag,D.V.M.;(2)Riqui Salter of the Human Society;(3)Chris Hutson,pet owner/businessman; (4) Harry Redecker, non-pet owner/Planning and Zoning Boazd Member; (5)Mike � Keefe, Post Master; (6) Councilman Charlie Herbs� ('7) Reagan Holliday, City Staff; and (8) Lieutenant Mark M�joros, City Sta� Jermy Stigers also became a defacto mexnber of the Animal Task Force by unanimous consent of the other members. Riqui Salter was unanimously voted to be spokesperson for the Task Force. After meeting on several occasions,the members of the Animal Task Force presented their recommendation to the City Council at the Apri14,2005 meeting. Ai}er reviewing the recommendations,the Council asked � the Task Force to revisit ordinance 6-36 — Limitation of the number of dogs or cats. Members of the Council felt the proposed number of 8 for dogs and cats was too lugh. The Coiu►cil also requested the Animal Task Force to review the proposed ordinance 6-37,wluch concerns prohibiting certain animals. The Task Force met on two additional occasions to discuss the aforementioned problems.Additionally,the issues of microchipping, altering 1�abitual animals at large, declaring certain animals a nuisance and the placing of signs in City parks and other azeas in the City reminding owners to clean up after their pets were also discussed. On June 20,2005,members of the Animal Task Force.appeared before the City Council and presented the proposed changes in Chapter 6. The City Council unanimously accepted the Animal Task Force proposals. The Police Department recommends the Council approve the proposed changes in Chapt ,as ou ' in the attached memorandum from Lieutenant Mazk Majoros. Resp mi . tep G Strong Chie liceCO��il9 � uglas K.Leslie / � City Manager CAPE GIRARDEAU POLICE DEPARTMENT INTEROFFICE MEMORANDUM � MEMORANDUM #05-107 DATE: June 2, 2005 TO: Steven C. Strong, Chief of Police CC: Carl A. Kinnison, Captain of Operations FROM: Lieutenant Mark Majoros, Special Operations SUBJECT: Proposed Recommendations of the Animal Task Force From November 2004 through March 2005, the Animal Task Force met a total of 7 times. The members of the Animal Task Force presented our recommendation to the Council at the Aprit 4, 2005 meeting. After reviewing those recommendations, the Council asked us to revisit ordinance 6-36—Limitations of the number of dogs or cats. Members of the Council felt the proposed combined number of 8 for dogs and cats was too high. The Council also requested we review the proposed ordinance, 6-37 which concerns certain animals prohibited. �T'he members of the Animal Task Force met two additional times to review these proposed ordinances. The following is the recommended changes to the current ordinances. (Bold type indicates new language in the ordinances). Section 6-6, Impoundment of animals which have bitten persons. The City Police Department may impound any animal which has bitten a person for a period not to exceed ten (10) days from the date of the biting occurrence. If the animal is impounded, it will be microchipped for identification before final release. The owner of the animal may claim the animal at the end of the ten (10) day period by paying the cost of the microchipping and the per day cost for impoundfng and feeding the animal. If the owner or some person does not claim the animal within three (3) days after the ten (10) day period, ownership of the animal shall transfer to the impoundment facility and the animal may be placed for adoption or euthanized. If any animal shall die while in the custody of the Police Department under such impoundment, the animal shall thereafter be forteited to the City for the purpose of conducting such tests as may be necessary to determine whether the animal is rabid. A person shall not hide, or secrete or turn loose, or in any way intertere with the Police Department's impounding of any such animal which has bitten a person. Actually, the cost of microchipping will be included in the "return to owner fee" (RTO) which is already being charged by the Humane Society when pet owners retrieve their anima/s. The Humane Society is con�dent they will be able to acquire "chip"scanners for the Nuisance Abatement O�cers at little or no cost to the City. � Memorandum#OS-107 June 2,2005 � Page 2 of 5 Section 6-29, Impoundment of animals running at large; fees; disposition if unclaimed by owner. Any animal found within the City running at large, not tied or led by a line or leash, contrary to the provisions of this article, shall be taken up and impounded in a suitable place, as designated by the City. The animal shall be held for five (5) days and will be microchipped for identiflcation prior to the final release. The animal may be claimed at any time by the owner by paying the cost of microchipping and the cost of impounding and feeding the animal. If the owner, or some person for him, does not claim the animal within the five (5) days after it was impounded, ownership of the animal shall transfer to the impoundment facility and the animal may be placed for adoption or euthanized. If any anlmal is impounded more than once due to violations of this Chapter, such animal will not be finally released from the second impoundment unless the animal has been spayed or neutered. If the owner cannot provide written confirmation by a licensed veterinarian that the animal has been previously spayed or neutered, the impoundment facility will have a licensed veterinarian conduct the steril(zation procedure on the anlmal before relinquishing custody of the anlmal. The owner of the animal shall be required to pay the costs of the sterilization of the animal prior to the animal's release. Any impoundment of the animal prior to fhe passage of this proposed ordinance will not be taken into account. The average cost of spaying a dog depending on its size is from $90 to $150. The cost of neutering a cat, � depending on the size, is $80 to$110. Members of the Humane Society are adamant about including the Section regarding the altering of at- large animals. Unaltered animals comprise the vast majority of the City's habitually at-large problem, and overpopulation problem as well. Section 6-31, Certain animals declared a nuisance. Currently, under Ordinance 6-31 "Any animal is declared a public nuisance and is subject to abatement, if such animal: (1� Disturbs a person or neighborhood by loud and frequent barking, howling or other noises. (2) Threatens or causes property damage to the property of another. The Task Force recommends that a third subsection be added: (3) Disturbs a person or neighborhood by being housed outslde without being confined in a solidly enclosed place between the hours of 11:00 p.m. and 6:00 a.m. This will not prohibit citizens from keeping their animals outside during the 11:00 p.m. to 6:00 a.m. hours. lf a complaint is received about an animal disturbing someone's peace during those hours, it will become a violation by the fact the animal is outside without being in a "solidly enc/osed"place between the hours of 91:00 p.m. and 6:00 a.m. � �Memorandum#OS-107 June 2,2005 Page 3 of 5 Section 6-36, Limitation on number of dogs or cats. (a) No person shall at any time, keep, harbor, or allow to remain at one (1) residential location within the city more than two (2) dogs and finro (2) cats unless they have been spayed or neutered. If all of such animals are spayed or neutered then a person may keep, harbor, or allow to remain a combined total of eight of such animals, but not more than four (4) of this combined allowed total of animals may be dogs, and all of such animais must be confined in a solidly enclosed place between the hours of 11:00 p.m. and 6:00 a.m. (b) This limitation shall not apply to any dogs or cats which are less than three (3) months old. (c) This limitation shall not apply to any person who has obtained a license for such dogs and cats pursuant to Section 6-27 of the City Code prior to the effective date of this section. (d) This limitation on the number of dogs shall not apply to any person at a residential location with a minimum of five (5) acres of property so long as the dogs are spayed or neutered and there are no more than six (6) dogs at any one time. in the event such dogs are housed outside, such dog housing must be located within three hundred (300) feet of the pclncipal residence. As,;you can see, the Animal Task Force has simplified the language from the currenf ordinance. You are now prohibited from keeping more than two (2) dogs and two (2) cats unless they have been spayed or �eutered. You will be able to keep up to eight(8) cats if they are all spayed o�neutered. You may keep up to four(4) dogs if all(4) four are spayed or neutered. The only exception would be if you have a minimum of five (5) acres of property you could keep up to six (6) dogs as long as they are spayed or neutered. lf housed outside, the dogs housing must be within 300 feet of the principal residence of the owner. Additionally, subsection (b) was changed to have an exception to the number limitation for animals less than three (3) months old. Previously, it was six (6) months old. This change was due to the fact that animals are more adoptable if the Humane Society receives them when they are younger. As with the current ordinance which was passed by the Cify Council in August 2004, any pet owners who currently have over the proposed limitation of animals in their residence will be exempt from this ordinance provided they"have the animals properly licensed in the City prior to the date the ordinance is passed." Just for your information, since August 2004, Nuisance Abatement O�cers have dealt with one citizen who had one more animal than allowed by ordinance. In that case, the Nuisance Abatement O�cers worked with the owner over the course of 2-3 weeks to resolve this issue. The owner of the pet found a new home for the pet and no citations were issued. The issue of"visitingftransient"animals putting a residence over the allotted limit of animals per residence was also discussed. Task Force members who were concemed about this were assured that as long as the animals were truly `5�isiting/transientn this was not an issue the City would be concemed with. Since the new ordinance has been enacted in August 2004, there has not been a single case where `5�isiting/transient"has become an issue. �he Animal Task Force specifically retained the language (that at one residential location within the City) o ensure the ordinance applied to residences and not businesses, i.e. a dog grooming business or a kennel. Memorandum#OS-107 June 2,2005 � Page 4 of 5 By changing the wording in Section 6-36, this eliminated the need for a Special Use Permit for the commercial kennei definition. A new, Section 6-37 was then created. Section 6-37, Certain animals prohibited. (a) No person shall raise or keep within the city limits any cattle, horses, sheep, goats or swlne. The ralsing or keeping of such animals is hereby declared a public nuisance. (b) No person shall raise or keep within the city limits any chickens, ducks, geese, turkeys, guineas, or _peafowl. The raising or keeping of such animals is hereby declared to be a public nuisance. (c) Notwithstanding the foregoing, the above specified animals may be raised or kept within biologicai laboratories, hospitals, slaughterhouses, stock-yards, zoologlcal gardens, pet shops, city parks, itinerant or temporary shows, or farms or horse stables existing prior to the effective date of this section. (d) The above specified limitations on the raising and keeping of cattle and horses shall not apply to any residential location with a minimum of five (5) acres of property so long as there is a minimum of one(1) acre of grazing area per animal. This new ordinance prohibits "bamyard animals"from being kept in the city. It does a/low those residents in the city who have a farm or horse stable existing prior to the effective date of this section to keep those animals. It a/so allows residents who have at least 5 acres of property in the city to have horses or caitle � on their property so long as there is a minimum of(1) acre of grazing area per animal. The Task Force felt the current leash laws were adequate and saw no need to change them. The Animal Task Force a/so discussed the failure of owners fo clean up the animal waste of their pets, specifically in the City parks, wa/king trail and downfown area. It was decided we should remind pet owners of their responsibilities to clean up after their pets. City Manager Mr. Leslie has already agreed that the City would provide signs to put up in those areas reminding pet owners of their responsibilities. Animal Task Force member Mike Keefe, who is a/so on the Parks and Recreation Board said members of the Board have agreed to post those signs in those designated areas. Chris Hutson suggested we look into the possibility of providing some type of animal waste reciprocal in those areas where the signs are to be posted. Hutson brought up in a number of locations throughout the country where gloves, which also act as containers for animal waste, are provided for pet owners so that they have access to a readily available means of properly disposing of the animal waste. Mike Keefe has made contact with the local business, "Petco'; about the possibility of providing those "glove/animal waste containers". The initial response from "Petco"is positive and they are looking in to the possibility of their company supplying those items. The "glove/animal waste containers" would be placed on the signs, reminding owners to clean up after their pet. The Animal Task Force has a/so decided once the City Council makes a decision on these proposed � ordinances, members of task force will reconvene. The team members will create a pamphlet on "The Responsibilities of Pet Owners in the City of Cape Girardeau." Memorandum#OS-107 �June 2,2005 Page 5 of 5 Mike Keefe said he would be able to provide postage for a mass mailing of that pamphlet to all residents in the City of Cape Girardeau. The pamphlets would also be taken to area veterinarians. We would approach the Convenfion of Visitors Bureau as well as the Cape Girardeau Chamber of Commerce asking them to distribute these pamphlets as well. � � r , � BILL NO. 05-130 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE RELATING TO ANIMALS � BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l. Section 6-6 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Impoundment of dogs which have bitten persons" reading as follows : Sec . 6-6 . Impoundment of animals which have bitten persons . The city police department may impound any animal which has bitten a person for a period not to exceed ten (10) days from the date of the biting occurrence. The owner of the animal may claim the animal at the end of the ten-day period by paying the per day cost � for impounding and feeding the animal . If the owner or some person for him does not claim the animal within three (3) days after the ten-day period, the animal shall be disposed of. If any animal shall die while in the custody of the police department under such impoundment, the animal shall thereafter be forfeited to the city for the purpose of conducting such tests as may be necessary to determine whether the animal was rabid. A person shall not hide or secrete or turn loose, or in any way interfere with the police department 's impounding of any animal which has bitten a person. �.`� �� .�d in its entirety, and a new Section 6-6 entitled "Impoundment of animals which have bitten persons" , is hereby enacted in lieu, in words and figures, to read as follows : Sec. 6-6 . Impoundment of animals which have bitten persons. The city police department may impound any animal which has bitten a person for a period not to exceed � ten (10) days from the date of the biting occurrence. If the animal is impounded, it will be micro-chipped 1 , 1 t for identification before final release. The owner of � the animal may claim the animal at the end of the ten day period by paying the cost of the micro-chipping and the per day cost for impounding and feeding the animal . If the owner or some person for him does not claim the animal within three (3) days after the ten day period, ownership of the animal shall transfer to the impoundment facility and the animal may be placed for adoption or euthanized. If any animal shall die while in the custody of the police department under such impoundment, the animal shall thereafter be forfeited to the city for the purpose of conducting such tests as may be necessary to determine whether the animal was rabid. A person shall not hide, secrete or turn loose any such animal which has bitten a person, or in any way interfere with the police department' s impounding of such animal . ARTICLE 2. Section 6-29 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Impoundment of animals running at large; fees; disposition if unclaimed by owner" reading as follows: Sec . 6-29 . Impoundment of animals running at � large; fees; disposition if unclaimed by owner. Any animal found within the city running at large, not tied or led by a line or leash, contrary to the provisions of this article, shall be taken up and impounded in a suitable place, the location of which shall be published by posting a notice in the office of the city clerk. The animal shall be held for five (5) days and may be claimed at any time during the five (5) days by the owner by paying the cost of impounding and feeding of the animal . If the owner, or some person for him, does not claim the animal within the five (5) days after it is impounded, it shall be disposed of. is kie��b� ��e��.ed in its entirety, and a new Section 6-29 entitled "Impoundment of animals running at large; fees; disposition if unclaimed by owner" , is hereby enacted in lieu, in words and figures, to read as follows: � 2 � Sec . 6-29 . Impoundment of animals running at large; fees; disposition if unclaimed by owner. Any animal found within the city running at large, not tied or led by a line or leash, contrary to the provisions of this article, shall be taken up and impounded in a suitable place, as designated by the city. The animal shall be held for five (5) days and will be micro-chipped for identification prior to final release. The animal may be claimed at any time by the owner by paying the cost of micro-chipping and the cost of impounding and feeding the animal . If the owner, or some person for him, does not claim the animal within the five (5) days after it is impounded, ownership of the animal shall transfer to the impoundment facility and the animal may be placed for adoption or euthanized. If any animal is impounded more than once due to violations of this Chapter, such animal will not be finally released from the second impoundment unless the animal has been spayed or neutered. If the owner cannot provide written confirmation by a licensed veterinarian that the � animal has been previously spayed or neutered, the impoundment facility will have a licensed veterinarian conduct the sterilization procedure on the animal before relinquishing custody of the animal . The owner of the animal shall be required to pay the costs of the sterilization of the animal prior to the animal' s release. ARTICLE 3. Section 6-31 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Certain animals declared nuisance" is hereby amended modified, changed and amended by adding subparagraph (3) reading as follows : Sec. 6-31 . Certain animals declared nuisance. (3) Disturbs a person or neighborhood by being housed outside without being confined in a solidly enclosed place between the hours of 11 : 00 p,m. and 6 : 00 a.m. AR.TICLE 4. Section 6-36 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Limitation on � number of dogs and cats" reading as follows : 3 Sec . 6-36 . Limitation on number of dogs or cats . � No person shall at any time, keep, harbor, or allow to remain, at one (1) residential location within the city, more than four (4) dogs or four (4) cats . The combined total of dogs and cats at one (1) residential location, therefore, may not exceed eight (8) in number. No more than a total of four (4) of such animals may be kept, however, unless they have been spayed or neutered. The keeping of five (5) or more dogs or five (5) or more cats will constitute a commercial kennel and require appropriate zoning and business licenses, if any, issued by the city collector. This limitation shall not apply to a lawfully licensed commercial kennel, or a kennel maintained in conjunction with a small animal clinic, or any person in the business of farming. In addition, this limitation shall not apply to any person who has obtained a license for such dogs or ca�s pursuant to Section 6-27 of the City Code prior to the effective date of this section. Further, this limitation shall also not apply to any animals which are less than six months old. �;��,��,�W ^ ��.��,d in its entirety, and a new Section 6-36 � entitled "Limitation on number of dogs and cats" , is hereby enacted in lieu, in words and figures, to read as follows : Sec. 6-36 . Limitation on number of dogs or cats. (a) No person shall at any time, keep, harbor, or allow to remain at one (1) residential location within the city more than two (2) dogs and two (2) cats unless they have been spayed or neutered. If all of such animals are spayed or neutered then a person may keep, harbor, or allow to remain a combined total of eight of such animals, but not more than four (4) of this combined allowed total of animals may be dogs, and all of such animals must be confined in a solidly enclosed place between the hours of 11 : 00 p.m. and 6 : 00 a.m. (b) This limitation shall not apply to any dogs or cats which are less than three (3) months old. � 4 � (c) This limitation shall not apply to any person who has obtained a license for such dogs and cats pursuant to Section 6-27 of the City Code prior to the effective date of this section. (d) This limitation on the number of dogs shall not apply to any person at a residential location with a minimum of five (5) acres of property so long as the dogs are spayed or neutered and there are no more than six (6) dogs at any one time. In the event such dogs are housed outside, such dog housing must be located within three hundred (300) feet of the principal residence. ARTICLE 5. Section 6-37 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Commercial , kennel, licensed breading kennel, Definition" reading as follows: Sec. 6-37 . Commercial kennel, licensed breeding kennel, Definition. � (a) A "commercial kennel" for the purpose of this section means : (1) Any establishment or building that is used to harbor five (5) or more dogs or five (5) or more cats; or (2) Any establishment or building that is used for the breeding of dogs or cats; or (3) Any establishment or building used for the purpose of housing or grooming dogs or cats . (b) A ��licensed breeding kennel" for the purpose of section 6-27 means any person or establishment licensed by the Missouri Department of Agriculture as a commercial breeder, as defined in Section 273 . 325 RSMo. �� , Y�� r:�p��°�,�� in its entirety, and a new Section 6-37 entitled "Certain animals prohibited" , is hereby enacted in lieu, in words and figures, to read as follows : � 5 Sec . 6-37 . Certain animals prohibited. � (a) No person shall raise or keep within the city limits any cattle, horses, sheep, goats or swine. The raising or keeping of such animals is hereby declared a public nuisance. (b) No person shall raise or keep within the city limits any chickens, ducks, geese, turkeys, guineas, or peafowl . The raising or keeping of such animals is hereby declared to be a public nuisance . (c) Notwithstanding the foregoing, the above specified animals may be raised or kept within biological laboratories, hospitals, slaughterhouses, stock-yards, zoological gardens, pet shops, city parks, itinerant or temporary shows, or farms or horse stables existing prior � to the effective date of this section. (d) The above specified limitations on the raising and keeping of cattle and horses shall not apply to any residential location with a minimum of � five (5) acres of property so long as there is a minimum of one (1) acre of grazing area per animal . Article 6 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . Article 7 . 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 8 . This ordinance shall be in full force and effect ten days after its passage and approval . � 6 w� � PASSED AND APPROVED THIS DAY OF , 2p , Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � � 7 CITY OF CAPE GIRARDEAU,NIISSOURI � Office of the City Manager � � Council Letter No. 21�8 Agenda July 5,2005 The Honorable Mayor and Members of the City Council City of Cape Girazdeau, Missouri Deaz Mayor and Council Members: Request of Dalhousie L.L.0 to rezone the Lochs subdivision located on the southern end of the proposed development at the Dalhousie golf course to R-2, Sing18-Family Residential District, from an R-1, Single-Family Residential Distric�t. This agenda item calls for the holding of an advertised public hearing on the request of Dalhousie•L.L.0 to rezone the Lochs subdivision located on the southern end of the proposed development at the Dalhousie golf course to R-2, Single-Family � Residential District, from an R l,Single-Family Residential Distric� The Planning and Zoning Commission recommended approval of this application at its meeting on June 8, 2005, for rezoning, by a vote of 9 in favor and 0 in opposition. No citizens commented on the application at the Commission meeting. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance that would authorize the special use permit. Respec ly submitted, , ent M. Bratton Director of Planning Services �f � � h� Douglas K. Leslie KMB/DKL%jsw � City Manager , ' c � BILL N0. 05-137 ORDINANCE N0. AN ORDINANCE AMENDING CHAPTER 30 OF• THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE SOUTHERN END OF THE PROPOSED DEVELOPMENT SITE AT DALHOUSIE GOLF COURSE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-2 WHEREAS, the City Planning and Zoning Commission has recommended that all of the property described in Article 1 of this ordinance should be rezoned from R-1, Single-family Dwelling District, to R-2, Single-family Dwelling district; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, June 20, 2005; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 � from R-1, Single-family Dwelling District, to R-2, Single-family Dwelling District. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-1, Single-family Dwelling District, to R-2, Single-family Dwelling District, for the following described property: ALL OF THE LOCHS AT DALHOUSIE A SUBDIVISION ON FILE IN THE LAND RECORD OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 22 AT PAGE 36 AND THAT PART OF USPS 3139, BEING IN TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS : Commence at the Southwest corner of USPS 3139; thence with the Southern line of said USPS South 85°10 ' 57" East, 872 . 77 feet; thence South 86°08 ' 17" East, 257. 43 feet, to the point of beginning; thence continuing with said line South 86°08 ' 17" East, 1256. 60 feet; thence leaving said � line North 03°51 ' 43" East, 58 . 22 feet; thence North 42°42 ' 48" West, 252. 47 feet; thence North 82°31 ' 31" West, { 232 . 87 feet; thence North 11°44 ' 28" East, 45 . 81 feet; � thence North 78°15 ' 32" West, 268 . 36 feet; thence along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 125 . 00 feet and a distance of 31 . 14 feet, (the chord of said arc bears North 06°56' 01" West, 31. 06 feet) ; thence North 68°24 ' 16" East, 162. 55 feet; thence North 56°00 ' 40" West, 280. 61 feet; thence North 78°15 ' 32" West, 336. 43 feet; thence North 58°04 ' 19" East, 275. 95 feet; thence South 35°45' ll" East, 117 . 23 feet; thence South 64°32 ' 53" East, 358 . 05 feet; thence North 48°29' 34" East, 107 . 95 feet; thence South 28°05' 52" East, 133. 16 feet; thence South 50°09'44" East, 139. 92 feet; thence North 57°27 ' 10" East, 87 . 43 feet; thence North 12°53 '33" East, 88 . 06 feet, to a point on the center line of Dalhousie Drive; thence with said line North 77 °06' 27" West, 25. 69 feet; thence along the arc of a curve to the Northwest being concave to the Northeast and having a radius of 100. 00 feet and a distance of 118 . 25 feet, (the chord of said arc bears North 43°13 ' 55" West, 111. 48 feet) ; thence along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 400. 00 feet and a distance of 254 . 95 feet, (the chord of said arc bears North 27°36 ' S7" West, 250 . 66 feet) ; thence North � } 45°52 ' 32" West, 278 . 41 feet; thence along the arc of a � curve to the Northwest being concave to the Northeast and having a radius of 400 . 00 feet and a distance of 76.72 feet, the chord of said arc bears North 40°22 ' S1" West, 76. 60 feet) ; thence North 34°53 ' 11" West, 167 . 75, to a point on the centerline of Langholm Road; thence with said line along the arc of a curve to the Southwest being concave to the Northwest and having a radius of 100. 00 feet and a distance of 62. 48 feet, (the chord of said arc bears South 73°00 ' 46" West, 61 . 47 feet) ; thence North 89°05 ' 17" West, 87 . 65 feet; thence along the arc of a curve to the Southwest being concave to the Southeast and having a radius of 300 . 00 feet and a distance of 72 . 57 feet, (the chord of said arc bears South 83°58 ' 56" West, 72 . 39 feet) ; thence South 77°03 ' 09" West, 33 . 00 feet; thence along the arc of a curve to the Southwest being concave to the Southeast and having a radius of 300. 00 feet, and a distance of 99 . 38 feet, (the chord of said arc bears South 67°33 ' 44" West, 98 . 93 feet) ; thence leaving said line South 58°04 ' 19" West, 369. 54 feet; thence along the arc of a curve to the Southwest being concave to the Northwest and having a radius of 200 . 00 feet, and a distance of 161 . 72 feet, (the chord of said � arc bears South 81°14 ' ll" West, 157 . 35 feet) ; thence 2 � North 75°35 ' 56" West, 39. 23 feet; thence South 14°24 ' 04" West, 66. 37 feet; thence along the arc of a curve to the Southwest being concave to the Southeast and having a radius of 100. 00 feet and a distance of 40 . 90 feet, (the chord of said arc bears South 02°41 ' 02" West, 40 . 62 feet) ; thence South 09°01 ' S9" East, 251. 78 feet; thence along the arc of a curve to the Southeast being concave to the Northeast and having a radius of 500. 00 feet and a distance of 75. 13 feet; (the chord of said arc bears South 13°20 ' 15" East, 75.06 feet) ; thence South 17°38' 32" East, 202.37 feet; thence along the arc of a curve to the Southeast being concave to the Northeast and having a radius of 100. 00 feet and a distance of 119. 55 feet, (the chord of said arc bears South 51°53 ' 25" East, 112 . 56 feet) ; thence South 86°08 ' 17" East, 81 . 43 feet; thence South 03°51 ' 43" West, 225 . 00 feet, to the point of beginning and containing 26. 57 acres more or less, subject to any easements of record. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time � particularly suitable for the purposes and uses of R-2, Single- family Dwelling district, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � 3 � � �-�- - .♦ ` � �1 , ,� •. . � � � _ ., � • • � 1 . . . �'� �: � - %� _ , . ' C` � � . � � \ . . ;- , � • � �- '� •�► � ~ `. �� , // j�i I J ., 1 i .. / / /,, ' � ,,, Y1:� i' , � /� I • I, / ,; , % �,, � , �� / ... / . / / / . � ' � -, � .. � � •. i �� .y'�'(i 11 � "�—�,.�� - , '�a .; � � � � � � • � '7 • �� '�' � � � � , � � � � � � i�i � � I/ �• 1► '1 � 1 �� .: �I� �-.�j�, � . � .; = �� ; � ' .. II`�1 �' � .�II� _ \ I / K O E H L E R � - . _ . . . - - . . - . - / I\ / - - \ � . c . . . . � :,: � . \ ��/ . . . , \ \\ /' /' � / i� �► a- a a � // ► �� a- _--_ 7 � �_ - _ �� - _ CITY OF CAPE GIRARDEAU � PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning: Request of Dalhousie L.L.0 to rezone the Lochs subdivision located on the southern end of the proposed development at the Dalhousie golf course to R-2, Single-Family Residential District, from an R-1,Single-Family Residential District. Recommended Action: Upon discussion, a motion was made for approval of the rezoning from R-1 to R-2. The Commission voted to recommend approval of the request. Vote Count: Favor—9 Oppose— 0 Abstain—0 � Date Recommendation Made: June 8, 2005. List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens commenting at meeting: Secretary � CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning �i OR Special Use Permit ❑ File No. 1�41R Address of Property v�.�r,, -ex.a o� �Ca �w rns�� , � '�a�ti�S� a 4 CsN��- CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? I c s 2. Is plat sufficient? yes 3. Will intended use conform to requested zoning? �e� 4. Has intended use already commenced? �� 5. Co ents: . ��C��j �'"�31�o� Ci�/Development Services Coordinator Date ..............................................................................� CITY ATTORNEY: 1. Is le al descri tion sufficient? �` g P 2. Will intended use conform to requested zoning? � 3. Can requested Special Use Permit be legally granted? 4. Comments: �� 1� �,�✓�r/�r✓� �/��5 /�' City tto ey Date ..............................................................................� CITY MANAGER REFERRAL TO PLANNII�IG AND ZOIVING COMMISSION: r � Lyy� � Ciry M ger Date ..............................................................................� PLANI�TING SERVICES STAFF: 1. Date notice of proposed acrion and public hearing posted on tract: P&Z: � I�� '� , Council: � �� 'o�ry�OS` taff Mem Posting Notice Date Revised 10/29/04 . ,��" � � �� ;/ � � � ,� . . i ., . , � _, � ,., ,; ' ' � , , - '�ii _ • r � �'` .� •• ` / �, .,. Y �•, � J- / • . /', �` ` •• � J n �j j�� . � ., .. / / ,, ' I ,,� YI:''.'? � � /� • • .�. � ' % j � . � �j�, � / ♦, / ., / / / . � , � �� .. � � •. ♦ �� .'1'd(G"11 I�- � � �� - ,� •�� u• , ',i �� • '7 • �..� � ,I � � � r � A � 1 • I/ � '�� 111 � �. ' 1� '1 ' 1 � r �%� _ ._- � , _1 �.� �i, �i� . - � ,., _ �`� � �� . I ,/ � �II. - \I / K O E H L E R � - . _ . . . _ _ . . - . / �\ / - � j . � . . . .� , � %, � - � � ;� .- .- � . :. �. �- > > _ i i ' �� .> >- ��-. � � � � . . � � � � ,+ r� CITY OF CAPE GIRARDEAU Application for � Rezoning X OR Special Use Permit (check one) For Staff Use Only Date Received in Planning Services Office: `��By: SECTION A 1. Description of the project: The proposed rezoning will a11ow for the construction of upper class housing will . help to facilitate the continued growth both of this area, and of adjacent ' properties. 2. Street address of tract(or other location description): Property is located on the Southern end of the proposed development at the Dalhousie golf course. 3.Names and addresses of all legal owners of tract: Dalhousie L.L.0 C/O Mark McDowell � 605 North Main Street Cape Girardeau, MO 63703 4. Present zoning classification: R-1 Single-family dwelling district 5. Requested new zoning classification: R-2 Single-family dwelling district 6. Requested special use: N/A � � 7. Person handling this application(name, address,phone number): Chris Koehler Koehler Engineering&Land Surveying,Inc. 194 Coker Lane Cape Girardeau, MO 63701 (573) 335-3026 8.If tract is to be transferred,name and address of intended owner: N/A 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. Si atures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): e D te Name Date �/l � � SECTION B 1.Lega1 description of tract: ALL OF THE LOCHS AT DALHOUSIE A SUBDNISION ON FILE IN THE LAND RECORD OF CAPE GIRARDEAU COUNTY IN PLAT BOOK 22 AT PAGE 36 AND THAT PART OF USPS 3139, BEING IN TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIR.ARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southwest corner of USPS 3139; thence with the Southern line of said USPS South 85°10'S7" East, 872.77 feet; thence South 86°08'17" East, 257.43 feet, to the point of beginning; thence continuing with said line South 86°08'17" East, 1256.60 feet; thence leaving said line North 03°51'43" East, 58.22 feet; thence Norkh 42°42'48" West, 252.47 feet; thence North 82°31'31" West, 232.87 feet; thence North 11°44'28" East, 45.81 feet; thence North 78°15'32" West, 268.36 feet; thence along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 125.00 feet and a distance of 31.14 feet, (the chord of said arc bears North 06°56'O1" West, 31.06 feet); � thence North 68°24'16" East,� 162.55 feet; thence North 56°00'40" West, 280.61 feet; thence North 78°15'32" West, 336.43 feet; thence North 58°04'19" East, 275.95 feet; thence South 35°45'11" East, 117.23 feet; thence South 64°32'S3" East, 358.05 feet; thence North 48°29'34" East, 107.95 feet; thence South 28°OS'S2" East, 133.16 feet; � thence South 50°09'44" East, 139.92 feet; thence North 57°27'10" East, 87.43 feet; thence North 12°53'33" East, 88.06 feet, to a point on the center line of Dalhousie Drive; thence with said line North 77°06'27" West, 25.69 feet; thence along the arc of a curve to the Northwest being concave 'to the Northeast and having a radius of 100.00 feet and a distance of 118.25 feet, (the chord of said arc bears North 43°13'S5" West, 111.48 feet); thence along the arc of a curve to the Northwest being concave to the Southwest and having a radius of 400.00 feet and a distance of 254.95 feet, (the chord of said arc bears North 27°36'S7" West, 250.66 feet); thence North 45°52'32" West, 278.41 feet; thence along the arc of a curve to the Northwest being concave to the Northeast and having a radius of 400.00 feet and a distance of 76.72 feet, the chord of said arc bears North 40°22'S1" West, 76.60 feet); thence North 34°53'11" West, 167.75, to a point on the centerline of Langholm Road; thence with said line along the arc of a curve to the Southwest being concave to the Northwest and having a radius of 100.00 feet and a distance of 62.48 feet, (the chord of said arc bears South 73°00'46" West, 61.47 feet); thence North 89°OS'17" West, 87.65 feet;thence along the arc of a curve to the Southwest being concave to the Southeast and havi.ng a radius of 300.00 feet and a distance of 72.57 feet, (the chord of said arc bears South 83°58'S6" West, 72.39 feet); thence South 77°03'09" West, 33.00 feet; thence along the arc of a curve to the Southwest being concave to the Southeast and having a radius of 300.00 feet, and a distance of 99.38 feet, (the chord of said arc bears South 67°33'44" West, 98.93 feet); thence leaving said line South 58°04'19" West, 369.54 feet; thence along the arc of a curve to the Southwest being concave to the Northwest and having a radius of 200.00 feet, and a distance of �,,,� 161.72 feet, (the chord of said arc bears South 81°14'11" West, 157.35 feet); thence North 75°35'S6" West, 39.23 feet; thence South 14°24'04" West, 66.37 feet; thence along the arc of a curve to the Southwest being concave to the Southeast and having a radius of 100.00 feet and a distance of 40.90 feet, (the chord of said arc bears South 02°41'02" West, 40.62 feet); thence South 09°O1'S9" East, 251.78 feet; thence along the azc of a curve to the Southeast being concave to the Northeast and having a radius of 500.00 feet and a distance of 75.13 feet; (the chord of said arc bears South 13°20'15" East, 75.06 feet); thence South 17°38'32" East, 202.37 feet; thence along the arc of a curve to the Southeast being concave to the Northeast and having a radius of 100.00 feet and a distance of 119.55 feet, (the chord of said arc bears South 51°53'25" East, 112.56 feet); thence South 86°08'17" East, 81.43 feet; thence South 03°51'43" West, 225.00 feet,to the point of beginning and containing 26.57 acres more or less, subject to any easements of record. � � 2. Attach to this application a scale plat of the tract, on an 8'/Z by 11 inch sheet of paper, showing the following:. a. All boundary dimensions. b. All adjoining streets and alleys. c. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of a11 adjoining and cornering property. (Part of the Ruth Ann Norman Trust and Beechwood Farms are not in the city limits) SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. NOTE: Where a rezoning or special use permit is requested for part of a larger platted tract, adjoining owners are considered as those adjoining the larger tract. � Dalhousie L.L.0 C/O Mark McDowell 605 North Main Street Cape Girardeau, MO 63703 Jo Wayne Strack 5118 State Highway 74 Cape Girardeau,MO 63701 Dr. Hugh&Linda L. Tewis 234 East Lake Drive Cape Girardeau, MO 63701 Kenneth B. &Karen Dawson 11801 Hidden Trails Drive Dexter,MO 63841 M&J Investments of Cape Girardeau 1400 West First Street Scott City, MO 63780 � 2. With this application,the applicant must deliver to the Planning Services Division a stamped,plain business envelope addressed to each of the individuals � listed in Section C,No. l, 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. Upscale Development 2. If this is an application for a special use permit, state the limitations you offer to put on the pernut relating to time period,tract ownership, size and design of improvements to be conshucted. N/A � 3. Is a transfer of ownership of the tract dependent upon the approval of this application? No 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract?If so, give the date and state the prior action taken. No � � 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. The lots in the Lochs community are intended predominantly for retirees or empty nesters, who desire to live in a golfing community, to own their own home and property, yet to minimize their lot areas and associated maintenance. The restrictions on the subdivision require that the minimum house size for lots within the Lochs be 2,200 sq. ft. on the main floor. The typical reason for rezoning lots from Rl to R2 is to provide for smaller lots, as well as smaller housing. This is not the case on the Dalhousie development. The intent of the rezoning is to provide for large homes, with minimal setbacks. This will allow for decreased maintenance, while still providing a large home. This concept has been utilized in many other regions of the counhy, and is typically referred to as villa style housing. The covenants of the subdivision provide that the lots cannot be re-subdivided by anyone other than the original developer. The result of this is that the only aspect of the R2 zoning in the subdivision that will be evident is the reduced building setbacks. From all other aspects, the development shall appear to be, and in fact shall be, developed as R1. The Dalhousie development represents the single largest residential development in Cape � Girardeau's history. Providing upper class single family dwelling components will help to facilitate the continued growth both of this area, and of adjacent properties. The continued residential growth associated with this development will provide high quality housing and lots for the City's residents, numerous jobs for the community for construction trades and related industries, increased sales tax revenue for the community, and expanded lifestyle choices for the City. � —�,. � � �``�� %p�l� � � LL�� `\ � � � � • o� \\�� N � �."'� � � / \��\ 'p � � � � � , �, a �� ; � �. � � � � �� i H � � � � � I L �. � �� \� \�� W E--� �� W �� ir� �� \ :� � - .. � � , � , _ Q�/1 �� $s . g �� °c �p �'� d� . � <St� �� ` ` � ` � � ... . � � ap � � o � o �� ' �ii � � t�$ '� 4 � aa�� ,�; �. � �� .- , � �� ,� , $ O � a3�� ii I � l ��,� �la �j ~ �� rT� _ 'e� ' �� . � �li � l �� - -� �� l � ,� � � �,� �� . � n h � F�"i � � �/ \�� \� �� / � 4 �, � � ,% '�, r� . �, �� \�y��'" � �y�j, U $ � .g- ,y �,y �� `+� / !� p ' i�J� ^� . � \��i ��, � Q�� V d ! U � , � � �� \ / � �� ' � � � \\\ �b� � � g �� \�\�/�� \ / ' � � / � � � � �� y ----_ 8 � . /� _ '�� ) \ o oi' � / � ° _ _I �� \o �� n �� ,F3 ! `�� , � � , ,, �� -------- , . �- , � �� . � � , �� , � � �� y � �_ � a• � ..\ � .._ � � , � `�i�,�► � I � � //�i �\�� I�� i 1 � I� � I 5 . �`` /� � �� / . � �� f w �� /y �,� �� - �' � D �� ' � � �� z v> � � � __"——— 6ffE �& � O � 9i"rou��vr�ou�`�` � 3 � I �� I . I • I . � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager , Council Letter No. 219 Agenda July 5,2005 The Honoxable Mayor And Members of the City Council City of Cape Girardeau,Missouri Dear Mapor and Council Members: SUBJECT: Amended Record Plat for the Lochs at Dalhousie This Council agenda item provides for consideration of the amended record plat of the Lochs at Daho�sie,which is located at the southern portion of the Dalhousie community. This portion of the Dalhousie development contains 59 single family lots and is also t},}e subject of a rezoning action from the R-1 district to the R-2 district. The record plat was recommended for approval bp the Planning and Zoning � Comtnission at their meeting on June 8,2005. The vote to recommend approval of the plat was 9 in favor and none in opposition. There were no citizens present in opposition to this development. It is recommended that the City Council give first reading consideration to the attached ordinance approving the amended record plat of the Lochs at Dalhousie. Resp tfully Submitted, � ) Kent M. Bratton City Planner �y�� Douglas K.Leslie City Managex � BILL NO. 05-150 ORDINANCE NO. � AN ORDINANCE APPROVING THE RECORD PLAT OF THE LOCHS AT DALHOUSIE - AMENDED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The record plat of The Lochs At Dalhousie-- Amended, being all of the Lochs at Dalhousie and that part of U. S . P.S . 3139, in Township 30 North, Range 13 East, in the City and County of Cape Girardeau, State of Missouri, submitted by Dalhousie, L.L.C. , bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated June 28, 2005, 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 � � � ,r, � � « . - �,-�-r"^�`;`:;r. 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In November and December of 2004, the City entered into a Bridge Relinquishment Agreement with the Commission and acceptance of this quit claim deed is ' the final step in the City' s acquisition of the ofd bridge. Staff recommends that the Council adopt the attached ordinance and complete the acquisition process. � Respectfully submitted, /�� . /J...��i�r�� ent M. Bratton Director of Planning Services � ��G✓,' � Douglas K. Leslie � City Manager KMB/DKL/ clb � , ' Z O - � � � (n �., ~c, �L � GC O � G O � W U � � � z � 0 � ❑ � '—' p � � � z Q � m O W W � w W ( N � � a � o � > }. o t- wc�n a � ~ � � � � mzo � zo _ m az � � o � -+Z 6+0� d 1 S '-' ~' � Q � c� •• � = v �-- w � o w � o Q � az za � � wao 00 W � Q O H � 7 � � _ �— � ►-+ � C.� ~ p � C� = U � w � a oo D � = c.� � V � ~ � � � • O N � H � � U � � +L0+0 L d1S � Y � Q-� F— � N � YS Q S � » Z �S C� � � J O � � d u'�� 'S t � � { � 4 � d � � � G.l � BILL N0. 05-151 ORDINANCE NO. AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR A REMNANT OF THE OLD MISSISSIPPI BRIDGE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City of Cape Girardeau, Missouri, hereby accepts a Quit Claim Deed, executed by Missouri Highways and Transportation Commission, conveying to the City of Cape Girardeau, Missouri, the following property located in the City and County of Cape Girardeau, Missouri, described as follows : That part of the Old Rte. 74 Mississippi River Bridge (Bridge #K948) and all associated right of way extending from Sta. 10+07 . 00 to Sta. 10+92 . 00 . � ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 19 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � , , � CCO FORM: RW1 ROUTE 74 Approved: 6/93 (TLP) COUNTY Caae Girardeau Revised: 1/00 (RMH) PROJECT JOU0321 E Modified: BRIDGE RELINQUISHMENT QUITCLAIM DEED THIS INDENTURE, made this � day of , 2005, befinreen the State of Missouri, acting by and through the MISSO RI HIGHVIIAYS AND TRANSPORTATION COMMISSION, party of the first part(Grantor), and the CITY OF CAPE GIRARDEAU � ( 401 Independence, P.O. Box 617, Cape Girardeau, MO 63702 ) of the County of Cape Girardeau, State of Missouri, party of the second part(Grantee), WITNESSETH: In consideration of the payment of the sum of ONE DOLLAR 1.00 and other good and valuable consideration, the receipt of which is hereby acknowledged, the said party of the first part does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the said party of the second part, a tract of land, lying situated and being in the County of Cape Girardeau, State of Missouri, to wit: That part of the Old Rte. 74 Mississippi River Bridge (Bridge #K948) and all associated right of way extending from Sta. 10+07.00 to Sta. 10+92.00. This quitclaim deed is in the nature of an abandonment of an easement for roadway purposes and, therefore, conveys no possessory rights. It is incumbent upon Grantee to seek their own professional opinion as to the resulting state of the title. Grantee, for its self, successors and assigns, by acceptance of this conveyance, covenant and agree, and it is made a condition of this conveyance, that the property herein described shall not be used for the construction, erection or maintenance of bill boards or advertising signs other than signs advertising activities conducted on the property or services and products therein provided. This shall be a covenant running � Form 4-7.3 -1 - ; � ' ' � ' with the land and is binding upon grantees, their successors and assigns. Upon a � breach of this covenant and after 10 day's written notice to Grantees, or their assigns to remove said offending sign as described above, Grantor retains the right to enter the property herein conveyed and remove said sign at the sole expense and liability of Grantees or their successors and assigns. Subject to all easements of record. Grantee, by acceptance of this conveyance, covenants and agrees for itself, and its successors and assigns, to permit any and all utilities currently located on said premises, to retain their rights to use portions of said land. The Grantee for itself, its personal representatives, successors in interest and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that (1) no person on the grounds of race, color, religion, creed, sex, age, ancestry, national origin, disability or veteran status shall be excluded from participation in, denied the benefits of, or be otherwise be subjected to discrimination in the use of said facilities, (2) no person shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, in the construction of any improvements on, over or under such land and the fumishing of service thereon, on the grounds of race, color, religion, creed, sex, age, ancestry, national origin, disability or veteran status, (3) that Grantee shall comply with the provisions of Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Govemor, on January 14, 1994, which executive order is incorporated herein by reference and is made a part of this � Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Branch of Missouri Govemment and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin, sex, age, disability, or veteran status. The Grantee shall also comply with all state and federal statutes applicable to the Grantee relating to nondiscrimination, including but not limited to Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 20003, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101 et seq.) which applies to the Grantee. The Grantee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Part 21. TO HAVE AND TO HOLD THE SAME, with all and singular rights, immunities, privileges, and appurtenances thereunto belonging, unto the said party of the second part, their heirs and assigns forever. � Form 4-7.3 -2- c ,. . , ' � IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first written above. � MISS4URI HIGHWAYS AND TRANSP TATION COMMISSION By Ma . ram . � - ATTEST: By 4� Secretary to the Commission ACKNOWLEDGEMENT STATE OF ) SS COUNTY OF ) � Ma�orie�. eit:nTaRlt� �f � , 2004, before me appeared � , to me pers ally known, who being by me duly swom did say that he is airman of Missouri Highways and Transportation Commission; that the seal affixed to the foregoing instrument is the officiat seal of said Commission; that said instrument was signed and sealed in behalf of said Commission by authority of said Commission, and that said MBrIOt'IA 8_ S .hramm acknowledged said instrument to be the free act and deed of sai Commission. �r IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Cole County, the day and year first above written. . Notary Pubiic' . No�ry P�u41c No�rySeal STATE OF MISSOURI County of Co � My Commission Expires� My commission expires: �..� Form 4-7.3 -3- � CITY OF CAPB QIRARDEAII. MIS30II12I Office of the City Maaagar Council Letter No. 221 Agenda July 5, 2005 The Honorable Mayor and Membera of the City Council City of Cape Qirardesu Dear blayor aad Couacil Members: SLTBJRCT: Aa Ordinance Authoriziag the Mayor to $xecute . aa Iatergovsrnmeatal Cooperation Agreement with the City of Jackson, Missouri, the County of Cape Girardesu, Missouri, and the 3outheast Missouri State IIaiversity Foundation, for the LaSalle/Sast Main Iaterchange Project Attached hereto is a proposed Intergovernmental Cooperation Agreement by and among the City of Jackson, the City of Cape Girardeau, the County of Cape Girardeau, and the Southeast Missouri University Foundation to provide for the construction and financing of the LaSalle/East Main Interchange Project. � This Agreement is the result of many years of planning and negotiation involving not only the parties, but also the Missouri Department of Transportation and neighboring property owners. While all of these entities• and individuals will benefit from this project, it has been quite a challenge to craft an Agreement that satisfactorily addresses each of their individual intereats. Firat, the City of Jackson intends to enter into a Cost Participation Agreement with the Missouri Highways and Transportation Commission for the construction of this interchange. This Cost Participation Agreement will assure the prompt construction of this interchange by their agreement that the City of Jackson and the Transportation Commission will each pay 50� of the cost of the project. That Agreement specifies the location of the interchange at the 102 mile marker, as well as the utilization of a variation of the full diamond type of design. Second, under this Intergovernmental Cooperation Agreement, each of the four parties has agreed to share a percentage of Jackson's obligation under its Cost Participation Agreement with the Transportation Commission. Specifically, the City of Jackson agrees to pay 34� of that local share, and the City of Cape Girardeau, the County of Cape Girardeau, and the Southeast Missouri Foundation which each pay 22� of that local share. In other words, the Transportation Commission will pay 50� of the total cost of the project, the City of Jackson will pay 17�, and the City of Cape Girardeau, the County of Cape Girardeau and the Southeast Miasouri University Foundation will each pay 11� of the total cost. ' � Third, the Intergovernmental Cooperation Agreement provides the consents The Hoaorable Mayor aad �Members of the City Council City of Cage Qirardeau Page Trro July 5, 2005 necessary from each of these governmental entities for the City of Cape Girardeau to annex the interstate highway up to and including the University Farm property on the east side of the interchange. The City of Cape Girardeau is planning to build the new LaSalle Road, as part of Transportation Trust Fund III, to. provide access from the Cape Girardeau side to this new interchange. Finally, included in the Intergovernmental Cooperation Agreement is an agreement for the establishment of a Transportation Development District (TDD) . This TDD is designed to recoup some portion or all of the cost of the development by the imposition of a sales tax of up to 1� and a real property tax up to ten cents per $100 assessed valuation. Accordingly, attached hereto is an Ordinance authorizing the Mayor to execute this Intergovernmental Cooperation Agreement. This Ordinance is on your Agenda this evening for first reading consideration. R pectfully submitted, l� �� . W Eric Cunningham Ci t � dz��L� . �� Do las K. Leslie City Manager WEC/DKL/111 � BILL NO. 05-155 ORDINANCE N0. � AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH THE CITY OF JACKSON, MISSOURI, THE COUNTY OF CAPE GIRARDEAU, MISSOURI AND THE SOUTHEAST MISSOURI UNIVERSITY FOUNDATION, FOR THE LASALLE/EAST MAIN INTERCHANGE PROJECT, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l . The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Intergovernmental Cooperation Agreement with the City of Jackson, Missouri, the County of Cape Girardeau, Missouri, and the Southeast Missouri University Foundation, in the City and County of Cape Girardeau, Missouri. � ARTICLE 2 . That this Intergovernmental C000peration Agreement is subject to the provisions of the Inter Governmental Cooperation Act, Section 70 . 210 et seq. of the Revised Statutes of the State of Missouri. The City Clerk is hereby authorized to file a copy hereof with the Office of the Secretary of State and the Recorder of Deeds, Cape Girardeau County. 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 � ` . . INTERGOVERNMENTAL COOPERATION AGREEMENT � THIS INTERGOVERNMENTAL COOPERA,TION AGREEMENT(the"AgreemenY�dated the _day of July, 2005, by and among the CITY OF JACKSON, MISSOURI, a city and political subdivision of the State of Missouri ("Jackson"), the CITY OF CAPE GIItARDEAU, NIISSOURI, a city and political subdivision of the State of Missouri ("Cape Girardeau"), the COUNTY OF CAPE GIIZARDEAU, MISSOURI, a county and political subdivision of the State of Missouri (the"County"), and SOUTHEAST NIISSOURI UNIVERSITY FOUNDATION, a nonprofit corporation organized and existing under the laws of the State of Missouri (the "Foundation" and, collectively with Jackson, Cape Girardeau and the County,the"Parties"), WITNESSETH: WHEREAS,Jackson is a fourth class city and political subdivision of the State of Missouri and is authorized and empowered,pursuant to Section 88.670 of the Missouri Revised Statutes, as amended, to open and improve streets, avenues, alleys and other highways, and to enter into contracts regazding the funding, promotion, planning, design, construction, improvement, maintenance, or operation of such improvements; and WHEREAS, Cape Girardeau is a constitutional charter city and polirical subdivision of the State of Missouri and is authorized and empowered to open and improve streets, avenues, alleys a.nd other highways, and to enter into contracts regarding the funding, promotion, planning, design, construction, improvement,maintenance,or operarion of such improvements; and WHEREAS, the County is a first class county and political subdivision of the State of Missouri � and is authorized and empowered to open and improve streets, avenues,alleys and other highways,and to enter into contracts regazding the funding, promotion, planning, design, construction, improvement, maintenance,or operation of such improvements; and WHEREAS, the Foundation is a Missouri nonprofit corporation with its principal office in Cape Girardeau County,Missouri, and is empowered to enter into this transaction; and WHEREAS, Jackson intends to enter into the Missouri Highways and Transportation Commission Cost Participation Agreement, Project No. JOI0767 (the "MoDOT Agreement") with the Missouri Highways and Transportation Commission (the "Transportation Commission") in substantially the form attached hereto as Ezhibit A with respect to a transportation project consisting of an interchange on Interstate 55 as described therein(the"Project"); and WHEREAS, pursuant tq the MoDOT Agreement, Jackson will be obligated to make certain payments with respect to the costs of the Project and obtain all rights-of-way (including temporary conshuction easements) for the Project as indicated in the Right-of-Way Plans to be provided by the Transportation Commission to the City and the remaining Parties desire to obligate themselves to the payment of their share of the Project as set forth herein; and WHBREAS,the Parties desire to cooperate and to take the reasonable steps necessary to facilitate the prompt design, engineering, funding and construction of the Project in order to provide needed transportation improvements and economic development for the region of Cape Girardeau county and specifically the cities of Jackson and Cape Girardeau; and WHEREAS, the Parties understand and agree that the assistance of each of the Parties is � necessary in order for the Project to be developed and have determined that providing assistance in 2275603 ► � connection with the construction of the Project will fulfill an essential public purpose for each of the Parties; and WHEREAS, the Parties are authorized to enter into intergovernmental cooperative agreements pursuant to Article VI, Section 16 of the Missouri Constitution and Sections 70.210 to 70.325 of the Missouri Revised Statutes,as amended; and WHEREAS,the Parties have each agreed to provide the assistance described herein in connection with the Project and, in connection therewith, it is necessary that the Parties make certain representations and agreements and talce certain actions and agree to certain matters;and WHEREAS,the Parties are desirous of entering into this Agreement pursuant to the provisions of Article VI, Section 16 of the Missouri Constitution and Sections 70.210 to 70.325 of the Missouri Revised Statutes, as amended, to provide assistance for the Project and to accommodate the mutual needs and interests of the Parties as provided herein; NOW, THEREFORE, in consideration of the mutual covenants and conditions contai.ned herein, the receipt and sufficiency of which is hereby acknowledged,the Parties agree as follows: 1. Cooperation on Public Purpose and Contributions By Parties To The Project. As an inducement to each other Party in order to cause the development of the Project and to cause the furtherance of an essential public purpose of each of the Parties as described above, the Parties agree to cooperate for the development of the Project as set forth herein. In connection therewith, each of the Parties agrees to provide assistance to the development of the Project as set forth hereafter, including the � payment of (i) Jackson's financial obligations under the MoDOT Agreement with respect to the "participating scope," as identified in the MoDOT Agreement, and (ii) the costs of any grading or other improvements necessary to cause property donated or otherwise acquired for the right-of-way (including temporary construction easements) for the Project to be presented to the Transportation Commission in the condition required by the MoDOT Agreement(collectively,the"Local Costs"): (a) Jackson. Pavment. Jackson agrees to pay thirty-four percent (34.0%) of the Local Costs and one hundred percent(100.0%) of the costs of any amounts owed under the MoDOT Agreement with respect to additional improvements requested by Jackson thereunder which are not included within the"participating scope,"as identified therein. Annexation. To the extent not previously annexed by Jackson, Jackson agrees to accept annexarion of certain unincorporated land between the current city limits of Jackson and the western right-of-way line of Interstate 55, including all such property owned by the Foundation. Jackson hereby consents and agrees to file all.necessary documentarion and take all necessary actions for the annexations referred to in this Agreement. Jackson sha11 obtain a11 necessary consents of the Transportation Commission to the execution of this Agreement. Cape Girardeau and Jackson agree to execute all necessary consents for each city to complete annexation. Access Easement. Jackson shall obtain, for the benefit of the Foundation and the surrounding property owners, at no cost to the Foundation or to Jackson, a perpetual easement 100 feet wide for ingress and egress access at a reasonable location from the Project right-of-way � along the boundary between the property owned by Randy D. Reutzel and Larry L. Reutzel and Warren Place, L.C. to the remainder of the Foundation's property west of Interstate 55. The Foundation shall supply to Jackson a survey plat and legal description for said easement. 2275603 -2- t � Nothing in this Agreement shall be construed so as to give Jackson the obligation to design, � � construct or in any way improve said access easement. �",� (b) Cane Girardeau. Pavment. Cape Girardeau agrees to pay twenty-two percent (22.0%) of the Local Costs and one hundred percent (100.0%) of the costs of any amounts owed under the MoDOT Agreement with respect to additional improvements requested by Cape Girardeau thereunder which are not included within the"participating scope,"as identified therein. Annexation. Cape Girardeau agrees to accept annexation of certain unincorporated land between the current city limits of Cape Girardeau aud the western right-of-way line of Interstate 55, including all such property owned by the Foundation. Cape Girardeau hereby consents and agrees to file all necessary documenta.tion and take all necessary actions for the annexations referred to in this Agreemen� Cape Girardeau and Jackson agree to execute all necessary consents for each city to complete annexation. (c) The Countv. Paymen� County agrees to pay twenty-two percent (22.0%) of the Local Costs and one hundred percent(100.0%) of the costs of any amounts owed under the MoDOT Agreement with respect to additiorial improvements requested by the County thereunder which are not included within the"participating scope,"as identified therein. Annexation. The County agrees to cooperate with Jackson and Cape Girardeau and to � take all necessary actions in connecrion with the a.nnexation of land by Jackson and Cape Girardeau as described herein. (d) The Foundation. Payment. The Foundation agrees to pay twenty-two percent (22.0%) of the Loca1 Costs and one hundred percent (100.0%) of the costs of any amounts owed under the MoDOT Agreement with respect to additional improvements requested by the Foundation thereunder which are not included within the"participating scope,"as identified therein. Right of Way. The Foundation agrees to donate any property currently owned by it(but shall not be required to acquire any property for such donation) necessary for right-of-way (including temporary construction easements) for the Project at no cost to Jackson. The Foundation's right-of-way property shall be donated in a "where is/as is" cond.ition and the Foundation shall have no obligation, except as provided in the immediately preceding paragraph, to undertake or to pay the costs of any grading or other improvements necessary to bring such property into the condition required by the Right-of-Way Plans. All such right-of-way property shall be donated to the Transportation Commission in such form, at such time and at such location as may be prescribed by the Transportation Commission. Any deed of transfer with respect to such right-of-way property may provide that such property shall revert to the Foundation in the event that the construction of the Project is abandoned. Annexation. 'The Foundation shall request annexation by Cape Girazdeau and Jackson,as applicable, of its property, if any,between the current city limits of each such city and Interstate � 55. The Foundation hereby consents and agrees to file all necessary documentation and to take all necessary actions for the annexations referred to in this Agreement. 2275603 -3- � Access Easement. The Foundation's obligations herein are contingent u on the p acquisition of the access easement referred to in Section 1(a)above. 2. Right-of-Way Donation. The Parties agree that this Agreement is contingent on all right-of-way (including temporary construction easements) for the Project and the access easement described in Section 1(a) of this Agreement being donated at no cost to Jackson or the other Parties hereto by the owners of such property. Any deed of transfer with respect to such right-of-way property may provide that such property shall revert to the transferring owner in the event that the construction of the Project is abandoned. 3. Financing of Local Costs of the Projec� This agreement requires the formation of a transportation development district ("TDD"), which shall encompass all or substantially all of the property owned by Warren Place, L.C. and the Foundation surrounding the Project and may include property owned by Randy D.Reutzel and Larry L. Reutzel surrounding the Project. In the event the TDD is not formed,then the Parties shall pay any moneys required by the Transportation Commission to cancel the Project and the Project will be cancelled. The TDD will issue its bonds or other oliligations to finance all or a substantial portion of the Local Costs (the "Project Bonds"). Sources of payment of the Project Bonds will be(i)a one percent(1%)sales tax and a 10�per$100 assessed valuation ad valorem tax,each levied by the TDD(the proceeds of which are herein collectively refened to as the"TDD Revenues'�and (ii) subject to annual appropriation by the applicable entity, (a) with respect to Jackson, fifly percent (50%) of the proceeds of any transportation or capital improvement sales tax collected by Jackson with respect to retail sales within the jurisdictional boundaries of the TDD, (b)with respect to Cape Girardeau, fifly percent (50%) of the proceeds of any transportation or capital improvement sales tax collected by � Cape Girardeau with respect to retail sales within the jurisdictional boundaries of the TDD and (c) with respect to the County, fifly percent (SO%) of the proceeds of any sales tax collected by the County with respect to retail sales within the jurisdictional boundaries of the TDD (collectively referred to herein as the"Local Revenues"). The payment of the principal of and interest on the Project Bonds as and when the same shall become due shall be guaranteed by the Foundation and, to the extent of any payment by the Fou.ndation with respect to such guarantee (a "Guarantee PaymenY'), the Foundation shall receive a subordinated bond or other obligation of the TDD (the "Subordinated Bonds'�. Upon any such payment by the Foundation, Jackson sha11, subject to annual appropriation, reimburse the Foundation for thirty-four percent(34.0%)of the amount paid by the Foundation with respect to such guarantee and Cape Girardeau and the County shall each, subject to annual appropriation, reimburse the Foundation for twenty-two percent (22.0%) of the amount paid by the Foundation. To the extent of any such reimbursement to the Foundation by Jackson, Cape Girardeau or the County, such enrity shall receive an undivided proportional interest in the Subordinated Bonds. � 2275603 -4_ The TDD Revenues and the Local Revenues shall each be deposited on not less than a monthly basis with the trustee or paying agent for the Project Bonds (the "Trustee"). On each payment date with � respect to the Project Bonds, moneys on deposit with the Trustee shall be used in the following order (with TDD Revenues applied prior to the application of any Local Revenues): . first, to pay the principal of and interest on the Project Bonds due on such date and all fees and expenses of the Trustee; second,to pay all principal of and accrued interest on the Subordinated Bonds; third, to the extent any TDD Revenues remain, to redeem Project Bonds to the extent possible; fourth, to the extent any Local Revenues remain, for deposit into accounts established with the Trustee for the payment of the Project Bonds until the amount on deposit therein is equal to the interest due on the Project Bonds during the next six months and one-half of the interest due on the Project Bonds during the next six months;and fifth,to the extent any Loca1 Revenues remain,to reiurn such Local Revenues to Jackson, Cape Girardeau and the County,the amount going to each governmental entity being equal to the product of(i) ttie amount of the remaining Loca1 Revenues and (ii) the percentage of the Local Revenues deposited with the Trustee since the most recent payment date with respect to the Project Bonds by such governmental endty. At such time as the Project Bonds are paid in full or provision has been made for paying the same as and when the same shall become due, the TDD shall be abolished in accordance with Section 238.275 � of the Missouri Revised Statues. 4. Annexation of Interstate 55. Each Party's obligations to provide funds for the Project under Section 1 hereof shall be conditioned upon the Transportation Commission (i) requesting annexation by Cape Girardeau of Interstate 55 from the northernmost portion of said lughway presently included in the Cape Girardeau city limits up to and including this interchange and northernmost boundary immediately adjacent to the Foundation property and (ii) agreeing to file any necessary documentation and take any necessary actions for the annexation referred to in this Section. 5. Deposit of Funds. The proceeds of the Project Bonds will be deposited with the Transportation Commission or in the Project Fund, as described hereafter. Upon Jackson's receipt from the Transportation Commission of notice that all or any portion of the Local Costs aze required to be deposited with the Transportarion Commission pursuant to the MoDOT Agreement, Jackson shall immediately notify the TDD and each of the Parties in writing that a payment is due to be paid and the amount that is required to be paid. The Parties shall cause the TDD to immediately norify each of the Parties in writing if insufficient funds are available from the proceeds of the Project Bonds, indicating any additional amount that is required to be paid by each of the Parties. The notice from Jackson shall specify the date by which each Party's payment must be deposited into the Project Fund (as hereinafter described),which date shall be no earlier than five(5)business days prior to the date on which such funds are due to the Transportation Commission,which date shall not be prior to January 1,2006. If acceptable to the Transportation Commission, the TDD and each Party may deposit the funds required to be paid by it directly with the Transportation Commission in accordance with the provisions of the MoDOT Agreement. In lieu thereof, the TDD and each Party shall deposit such funds into an � account(the"Project Fund")with a bank or trust company pursuant to an escrow agreement acceptable to 2275603 -$- � the TDD and each of th� Parties for disbursement to the Transportation Commission in accordance with the MoDOT Agreement. In the event that any funds shall be refunded to Jackson by the Transportation Commission under the MoDOT Agreement, Jackson shall promptly use such refunded amount to reimburse (based on the percentage of contribution for Local Costs required by Section 1 hereo fl itself and each of the other Parties for the full amount of such Parties' direct payment a.nd Jackson shall promptly remit the remainder of such refunded amount to the TDD to refund Project Bonds. In the event that grading or other site improvements will be required on property to deliver property required by the Transportation Commission for the right-of-way in accordance with the Right- of-Way Plans, Jackson shall promptly provide a copy of all proposesi bid materials and all bids received to the TDD and each of the other Parties. Jackson sha11 promptly notify the TDD and each of the Parties in rvriring of any amount required to be paid for the costs of such grading or other site improvements and the timing for such payment. The Parties shall cause the TDD to immediately notify each of the Parti�s in writing if insufficient funds axe available from the proceeds of the Project Bonds for the payment of such costs,indicating any additional amount that is required to be paid by each of the Parties. Unless sufficient funds are available from the proceeds of the Project Bonds, each of the Pa.rties, including Jackson, shall deposit the funds for its share of such Local Costs in the Project Fund for payment of the costs of such grading or other site improvements. 6. Indemnification of Jackson. The Parties acknowledge that Jackson has entered into or will enter into the MoDOT Agreement at the request of all Parties hereto. This Parties acknowledge that, to the extent permitted by law and as provided herein, each Party shall be liable individually in the percentage amounts set forth herein for any moneys required to be paid by Jackson to the Transportation Commission, any landowner or any other person or entity as a result of Jackson's obligations under the � MoDOT Agreement. 7. MoDOT Agreement; Budgeting and Appropriation. Jackson shall represent the Parties hereunder with respect to the MoDOT Agreement. Jackson may,without the approval or consent of any of the Parties hereto, acquire all necessary rights-of-way for the Project and approve the designs and plans for the Project (currently expected to be substantially in the form of a "modified full urban diamond"); provided, however, that Jackson shall not agree to or consent to any changes in the Project which would increase the cost of the Project by more than five percent(5.0%) in the aggregate or which would require more than one additional acre of right-of-way property without the consent of each of the other Parties. Jackson shall not enter into any amendments to the MoDOT Agreement (including any changes from the form of MoDOT Agreement appended hereto prior to the execution thereof by Jackson) without the consent of each of the other Parties. Jackson shall also provide prompt written notice of any cancellation or proposed amendments of the MoDOT Agreement to each of the other Parties. The Parties acknowledge that, if any Pariy fails to provide its portion of the Local Costs, which shall include but not be limited to financing costs, attomeys' fees and administrative costs, or if, for any other reason, the MoDOT Agreement is terniinated, each Parties hereto shall be responsible for the payment of certain design and engineering costs relating to the Project as Local Costs. Jackson, Cape Girardeau and the County have each budgeted, appropriated and encumbered moneys for its share of khe Local Costs relaring to such design and engineering costs and the Foundarion has funds available for its share of the Local Costs relating to such design and engineering costs (assuming that the aggregate of such amount is$�. 8. Grants and Earmarked Funds. If any Party receives a grant or appropriation from any � State or Federal agency to reduce the aggregate amount of the Local Costs for the Project,upon receipt of such funds, (i)if such funds aze received prior to the issuance of the Project Bonds, such Party shall promptly remit such funds to the TDD for application to the payment of Local Costs and(ii)if such funds 2275603 -6- are received after tlie issuance of Project Bonds,such Party shall promptly use such grant or appropriation to reimburse(based on the percentage of contribution for Loca1 Costs required by Section 1 hereo fl itself � and each of the other Parties for the full amount of such Parties' direct payment and such Party shall promptly remit the remainder of such fund to the TDD to redeem or pay Project Bonds. 9. Term of Agreement. This Agreement shall be effective concurrently with the execution hereof by the Parties and shall continue in force and effect until all obligations hereunder have been fulfilled. 10. Ezecution in Counterparts. This Agreement is being executed in any number of counterparts, each of which is an original and all of which are identical. Each counterpart of this Agreement is to be deemed an original hereof and all counterparts collectively are to be deemed but one instrument. . 11. Governing Law. This Agreement will be governed by and construed in accordance with the laws of the State of Missouri. 12. Notices. Except as otherwise provided herein,it shall be sufficient service of any norice, request, demand, authorization, direction, consent, waiver or other paper required or permitted by this Ageement to be made, given or furnished to or filed with the following persons, if the same shall be delivered by prepaid overnight delivery service, or mailed by first class mail, posta.ge prepaid, or transmitted by confirmed telecopy,at the following addresses or telecopy numbers: (a) To Jackson at: 101 Court Street �.J Jackson,Missouri 63755 Attention: Mayor Telecopy: 573-243-4588 (b) To Cape Girardeau at: 401Independence Cape Girardeau,Missouri 63703 Attention: Mayor Telecopy: 573-335-7946 (c) To the County at: One Barton Square Jackson,Missouri 63755 Attention: Presiding Cotnmissioner Telecopy: 573-243-1052 � (d) To the Foundation at: Southeast Missouri University Foundation One University Plaza Cape Girardeau,Missouri 63701 � Attention: Executive Director 2275603 -']- � Telecopy: 573-651-2598 If, because of the temporary or permanent suspension of mail service or for any other reason,it is impossible or unpractical to mail any notice in the manner herein provided, then such delivery of notice in lieu thereof as shall be reasonably practicable and made with the approval of the recipient sha11 constitute a sufficient notice. Where this Agreement provides for notice in any manner, such notice may be waived in writing by the person entitled to receive such notice, either before or after the event, and such waiver shall be the equivalent of such notice. All notices given as aforesaid sha11 be deemed given on the day on wluch the same are hand delivered or sent by telecopy, on the second day following the date ori which the same have been mailed or on the day following the day on which the same are sent by overnight delivery service. A duplicate copy of each notice, certificate or other communication given hereunder shall also be given to each of the other Parties. Each Party may each from time to time designate, by notice given hereunder to the other Parties, such other address or telecopy number to which subsequent notices, certificates or other communications shall be sent. 13. Entire Agreement;Amendments. 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 any Party. This Agreement shall be amended only in writing and effective only when signed by all of the Parties by their duly authorized agents. � [Remainder of page intentionally left blank.] E 1 2275603 -$- IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed by their duly authorized officers as of the date first above written. � CITY OF JACKSON,MISSOURI By: ATTEST: Mayor City Clerk CITY OF CAPE GIItARDEAU,NIISSOURI By: ATT'EST: Mayor City Clerk COUNTY OF CAPE GIRARDEAU,NIISSOURI By: � Commissioner By: Commissioner By: ATTEST: Commissioner County Clerk SOUTHEAST MISSOURI ITNIVERSITY FOUNDATION By: ATTEST: President Executive Director � 2275603 -9- '� EXHIBIT A TO THE INTERGOVERNMENTAL COOPERATION AGREEMENT FORM OF MoDOT AGREEMENT � � 2275603 -1�- � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Letter No. 2 2 8 Agenda Julp 18,2005 The Honorable Mayor And Membexs of the City Council City of Cape Girardeau,Missouri Deax Mayor and Council Members: SUBJECT: An Ordinance Accepting a Permanent Utility Easement From Lowes Home Centers,Inc. for Waterline Improvements . This Ordinance accepts a Permanent Utility Easement from Lowes Home Centexs, Inc.,which is needed in order to make waterline improvements. This easement allows fox a connection between the waterline that runs in front of the Lowes store to the new waterline that was recendy constructed in Shixlep Drive for the Kohls store. This connection will provide a waterline spstem loop,which will increase fire flows and pressure in this area. � It is recommended that the Council give first reading consideration of the attached ordinance authorizing staff to accept tl�is easement. Resp y Subrnitted, � ent M. Bratton City Planner ��6� � Douglas K.Leslie City Manager � , Q � 3l H� O � O � H 2 O Q. � � > �a2�b'bl O• JISN R• PvgvR � Q �oX �N. M�• po � � � p P��P� g1 O G �Rg A R� ��S GPPE d O Py 2 ��s � � � � Fz pFZ� o� � S��M� °° N �• P � N � a� � � 0 N o _ J Z � O N a , � ¢ r � '1S 0 � ONbH� � c c �= c� a� c .` � 3 0 °� o � � o a� o � c Q � � � � 'a c`+a � C 3 n " � 0 � BILL NO. 05- 159 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT FROM LOWES HOME CENTERS, INC. FOR WATERLINE IMPROVEMENTS I BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI,AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts a Permanent Utility Easement executed by Lowes Home Centexs, Inc., conveying an easement to the City of Cape Girardeau, Missouri for waterline improvements,more particularly described as follows, to-wit: A tract of land situated in the Southwest Quarter of Section 2, all in Township 30 North, Range 13 East in Cape Girardeau County, Missouri described as follows: Commence at the Southwest Corner of Lowe's Home Center Lot; thence North 05°16'30" East, 400.54 feet to the Point of Beginning; thence South 84°45'S2" East, 40.00 feet to a point; thence North 05°14'08" East, 40.00 feet to a point; thence, North 84°45'52" West, 40.00 feet to a point; thence South 05°14'08" West, 40.00 feet to the Point of Begintung. Containing 1,600.00 square feet more or less. � ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ,2005. Jay B. Knudtson Mayor ATTEST: Gayle L. Conrad City Clerk � Page 1 of 1 CITY OF CAPE GIRARDEAU � Office of the City Manager Council Letter No. 2 2 9�.- Agenda July 18,2005 The Honorable Mayor and Members of the City Council City of Cape Girazdeau,Missouri Dear Mayor and Council Members: RE: Record Plat of DSWD Independence Subdivision No.3 This Council agenda item provides for consideration of the record plat of DSWD Independence Subdivision No. 3. This is a minor subdivision merging two (2) lots into one (1) lot, located at the southeast corner of Independence Street and Farrar Drive. The subdivision, which is being developed by DSW Development Corporation, will allow the commercial development at this location. The lots aze currently zoned C-2. � This lat was a roved b fihe Plannin and Zonin Commissi P PP Y S g on at rts meehng on July 13, 2005. The vote for approval of the plat was 9 in favor and none in opposition. It is reconunended that the City Council give first reading consideration to the attached ordinance accepting the record plat for DSWD Independence Subdivision No. 3. Res tfully submitted, , Kent M. Bratton Director of Planning Services r �%�7 Douglas K. Leslie City Manager KMB/DKLhIf � � BILL NO. 05-160 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF DSWD INDEPENDENCE SUBDIVISION NO. 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of DSWD Independence Subdivision No. 3 , being a resubdivision of Lot No. 5 and Lot No. 6 of DSWD Independence Subdivision No. 2, located in a part of U.S . P. S. 3090, Township 30 North, Range 13 East of the Fifth P.M. , in the City and County of Cape Girardeau, Missouri, submitted by DSW Development Corporation, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated June 22, 2005, 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 � t � ✓ -____ �. � � � ' � , � � MNR .r.E �_'_,0�-; �, sr. 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I '"I S z ' W � ~ � o � GC I I � ' ' � a � � � _ I I � i ' ' � _ , ,_ � ...��.�� i �158 -1.. � � _ - _ 1..-.SZ�� _ z 3 ___ ` _.___..___.. _._. _._---_�,��W�5b3 _i,i��._-�5B - ---� �. g'^ � �I �IlVh3� � „ifw � • - • • " '_{_._. � "'�-'� ,� .�..-�'NJ�ia._�,M_Oai�si -`3A18038VNa.bON__—___�—��,�..`....iMia�.._�.._,,,, __,_ n� � -I- _ �--�....�..�..-�-'.�.'-'---�.'.--.L._�..-�,-,— �' a?8Z � � i $ � �� $ �i} I I � ; "�; W , a� �� : i �I i �o�> � i � _ �� W� a � #�R� � � � I I g p 3::� ��'�Y a V m � ��f W F •� � W � €� � � � V $ Z p •". � � '��'i�0 'g�� C� � F s�. _ �:a'8 '�3rv� Z N a �W ��- � �� I Z��&� Z ��>' 20�� `� � 32 r��: �g4��3 N ��W� ��o�� N O� il o u � ��na �'.�� Fm M �8 =_�8��3 � N�� W WW n��aW r°��;� � _�.� 3x3�rg �` 0 CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: DSWD Independence Subdivision No. 3 Index# Project Location: Southeast Comer of Independence Street and Farrar Drive � This application is for: ❑ Single-family residential 0 Multi-family ❑ Non-residential ❑ Preliminary Subdivision Plat ❑ Record Plat (of an approved preliminary plat) ❑ Record Plat(for sectionalized development of an approved preliminary plat) 0 Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential CommerciaUlndustrial $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 �ling deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2nd Wednesday of each month(except holidays that are observed by the City). (b) The deadline for submittal of revisions necessary to meet State law and City ordinances, or desired by the developer is 7 week before the Planning&Zoning Commission meeting. (c) Any subdivision plat that requires corrections or for which required review fees have not been paid shall not be presented to the City Council for approval. APPLICANT (main contact): OWNER(If Different): Name: Larry Westrich Name: Firm: DSW Development Corporation Firm: Address: 101 S. Farrar Drive Address: Cape Girardeau, MO 63701 � Phone: 335-3134 Fax: 335-5125 Phone: Fax: E-mail: E-mail: PROFESSIONAL SURVEYOR/ENGINEER: DEVELOPER Name: Chris Bowen Name: Firm: Bowen EnqineerinQ&Survevinq, Inc. Firm: Address: 1078 Wolverine Lane. Suite J Address: Cape Girardeau, MO 63701 Phone: 339-5900 Fax: 339-1391 Phone: Fax: E-mail: chrisbowen(c�bowenenqsurv.com E-mail: I, the undersigned, do hereby state that I have read and fully understand the provisions of this application and further, by my signature, I hereby agree to maintain compliance with the City of Cape Girardeau Subdivision Regulations and State statutes applicable to the subdivision of land and,that it is my responsibitity to make certain that all deadlines are met so that formal action by the City Council is not unnecessarily delayed. Signature of Applicant: Date: FOR O��fG� US� ONLY i��T`��AND/aF�CE�NI�I`TIpNSt � s', '.a 4 � � � - `��'� '� 4 ! � ,s 3� v, �� . � .:r iirw' . ..,—••— ��f, i �,? �—.r Re�e►yetl by: (ir��t��;: Date: I .: / ' .:- _ - . _.. . . .q ..� .'�; .. , . . . . .. . �,.... .,. �.�. � Ftey,i�wetl b� .�ngit�eenrig (initi�l) i�lanhing (initi�l) � ) �r/ C�f�1ESTU: `Engineering tnspection Services SubdiVision File � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Letter No. 230 Agenda.July 18, 2005 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri Deaz Mayor and Council Members: , Subject: An Ordinance Accepting a Quit Claim Deed from the Missouri Highways and Transportation Commission for Work Related to the South Ramsey Branch Lift Station and Force Main Project. � On March 15,2004,City Council awarded G&W Excavation,Inc.,the construction contract of the South Ramsey Lift Station&Force Main Project. After the start of the project the City was informed by FEMA that the lift station site could not be used because the site was purchased with flood buyout monies. In an effort to relocate the lift station the Missouri Department of Transportation agreed to relinquish ownership of a portion of the Route 74 Outer Road between � South Sprigg Street and Marquette Drive and transfer the ownership of this road to the City. City ownership of this road will a11ow the lift station to be relocated on non buyout property and a11ow the contractor to complete his work in good time.This agreement sets out the intent and responsibilities of each party. As established by the Agreement, the Missouri Highways and Transportation Commission will no longer consider this road segment as part of the state highway system and the City will take over the roadway and its maintenance as part of the City's street system. It is requested that first reading consideration be given to the attached ordinance authorizing the City Manager to Accept a Quit Claim Deed from the Missouri Highways and Transportation Commission. Respectfully submitted, ��—�'A-- -.c wJ Abdul Alkadry Interim City Engineer __f�' � Dou as K. Leslie City Manager .�xinicr.�i � BILL N0. 05-161 ORDINANCE NO. AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR WORK RELATED TO THE SOUTH RAMSEY BRANCH LIFT STATION AND FORCE MAIN PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City of Cape Girardeau, Missouri, hereby accepts a Quit Claim Deed, executed by Missouri Highways and Transportation Commission, conveying to the City of Cape Girardeau, Missouri, the following property located in the City and County of Cape Girardeau, Missouri, described as follows: All of that part of Grantor's land in USPS 2919 and the NW1/4 of the NW1/4 of Section 24, being in Township 30N, Range 13E of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, being that part of existing roadways known as Rte. 74 (61) and Rte. 74 Outer Roadway more � particularly described as follows: Commencing at a point on the existing Rte. 74 east boundary, said point being 70.00 ft. opposite and east of Rte. 74 centerline Sta. 1263+00.00; thence southerly, on and along said eastern boundary, a constant width of 70.00 ft. to opposite PC Sta. 1284+69.00 Back = 1284+94.50 Ahead; thence southerly, continuing a width of 70.00 ft. , along the arc of a 2� curve to the left to opposite Sta. 1286+70.00; thence S08°45'W a distance of 125.00 ft. ; thence along the arc of a 19°18 ' curve to the left to a width of 118.55 ft. opposite Sta. 1289+77.94; thence westerly to a width of 148.50 ft. opposite Sta. 1289+77.94; thence northerly to a width of 176.11 ft. opposite Sta. 1286+95.09; thence easterly, in a straight line, to a width of 105.55 opposite Sta. 1286+84.84; thence northerly, in a straight line, to a width of 95.00 ft. opposite PC Sta. 1284+69.00 Back = 1284+94.50 Ahead; thence northerly continuing a width of 95.00 ft. to opposite Sta. 1263+00.00. The centerline of Rte. 74 (61) is described as commencing at a stone monument which is S32°40'E a distance of 666.00 ft. from Rte. 74 (61) centerline Sta. 1261+41.00; thence 512�07�W a distance of 2328.00 ft. to PC Sta. 1284+69.00 Back = 1284+94.50 Ahead; thence along the arc of a 2° curve to the left a distance of 700.00 ft. to PT Sta. 1291+94.50, said curve having a radius of 2864.90 ft. and a deflection angle of 14�. AR.TICLE 2 . This ordinance shall be in full force and � effect ten days after its passage and approval . s PASSED AND APPROVED THIS DAY OF , 2005 . � Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � �,.r/ � CITY OF CAPE GIRARDEAU Office of the City Manaqer Council Letter No. 231 Agenda July 18, 2005 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Ordinance Aceeptinq Grant to Assist in 3ubsidized Transit Proqram. The City Council through previous actions authorized a grant application to the Missouri Highway and Transportation Department to aid in operating the City's taxi coupon program. The application requested 50$ reimbursement for the cost of our program up to $162,497. The City has receined notice that the Missouri Highway and Transportation Department has approved the City's application. However, only reimbursements up to $146,870 were approved. The approved grant amount will fund our taxi coupon program at 04-OS usage levels and 04-05 actual administrative costs. Our grant request was based on usage levels that were 5$ higher than the 03-04 usage levels and 03-04 actual administrative costs. The 05-06 budget allowed � $69,880 for the cost of the taxi program net of administrative costs and projected revenues. Based on the approved grant this net cost would increase to $75,472. We have contacted the State and currently all the grant money for this year has been allocated to other communities. If these communities do not use all their allocations we may be able to receive more grant money later in the year if our usage and costs justify it. The financial assistance from this grant is provided under Section 5311 of Title 49, United States Code. The City has received funding from this grant since 1983 for its taxi coupon program. The attached agreement would continue this funding through June 30, 2006. Staff recommends approval of this ordinance. Respectfully submitted, C,��a� �}, � 1 John R. Richbourg Finance Director ��-� Douglas K. Leslie City Manager � DKL:gc � BILL N0. 05-162 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY WITH THE MISSOURI DEPARTMENT OF TR.ANSPORTATION FOR A GR.ANT TO FUND A GENER.AL PUBLIC TFtANSPORTATION PROJECT TO BE FUNDED UNDER CHAPTER 53 (5311) OF TITLE 49, UNITED STATES CODE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The Mayor of the City of Cape Girardeau, Missouri, is hereby authorized on behalf of the City of Cape Girardeau, Missouri, to execute an Agreement with the Missouri Department of Transportation for a grant to fund a general public transportation project to be funded under Chapter 53 (5311) of Title 49, United States Code, in the estimated amount of One Hundred Sixty-two Thousand Four Hundred Ninety-seven � Dollars ($162,497 . 00) , for the year beginning on the lst day of July, 2005 . ARTICLE 2 . A copy of said Agreement is attached hereto and made a part hereof as if fully incorporated herein. 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 � h � � � • � CCO FORM: TC5 Approved: 1/92 (KR) Project No. MO-18-X025 Revised: 4/02 (RMH) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION NONURBANIZED AREA PUBLIC TRANSPORTATION OPERATING ASSISTANCE GRANT AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Grantee"). WITNESSETH: WHEREAS, the Grantee has applied to the Commission for a grant of funds made available to the Commission under Chapter 53 (5311) of Title 49, United States Code, herein referred to as 5311 to defray a portion of the costs of a general public transportation project carried out by the Grantee; and � WHEREAS, pursuant to H.B. 1004 of the 88th General Assembly, 2nd Regular Session, additional funds are available for programs to support public transit systems, and the Commission is authorized by law to reimburse these public transit systems with these public funds; and , WHEREAS, the Commission has awarded funds available pursuant to said act to the Grantee with the understanding that such funds will be used for projects pursuant to this Agreement for the purposes specified in the Grantee's application for 5311 assistance. (Appendix A) NOW, THEREFORE, in consideration of these mutual covenants, promises, and representations the parties agree as follows: (1) PURPOSE AND SOURCE OF FUNDS: The purpose of this Agreement is to assist the Grantee in financing the project's expenses that are eligible for federal financial assistance. (A) Net Operating Cost: Net operating cost is the total cost of operation less revenues received from the service provided. Such net operating cost is estimated to be the amount determined from the Grantee's projected operating budget �Appendix 6). � (B) The Commission vriill make a grant from av�ilable federal funds in the amount not to exceed 50% of the net operating cost in a manner consistent with the _ �._ � , administrative rules of the United States Department of Transportation as contained in the Federal Transit Administration Circular 9040.1E dated October 1, 1998, and any � other regulations pursuant to the Federal Transit Act, as amended (49 U.S.C. 1614). (C) The Gcantee wiA provide funds from sources other than (a) unauthorized restricted federal funds; (b) receipts from the use of the project facilities and equipment; or (c) revenues of .the gener�l public transportation system in which such facilities and equipmen# are used in an amount sufficient, together with the grant pursuant to this Agreement, to pay the actual operating cost. The operating portion of the grant under this Agreement will not exceed 50% of the actual operating cost. (2) SCOPE OF WORK AND BUDGET: The Grantee will undertake and complete the project specified in the approved project application and budget (Appendix A). (3) USE OF PROJECT FACILITIES AND EQUIPMENT: (A) The project facilities and equipment shall be used to provide general public mass transportation service within the Grantee's transportation service area, substantially as described in the project description (Appendix A). (B) The Grantee agrees to observe the property management standards as set forth in OMB Circufar A-102, Attachment N, or OMB Circular A-110, Attachment N, as appropriate, as now or hereafter amended in order to protect the � interest of the United States Department of Transportation. (C) Exceptions to the requirements of. Attachment N must be specifically approved by the Commission. (D) If during the period, any project facilities/equipment are not used in mass transportation service, whether by planned withdrawal or casualty loss, the Grantee shall immediately notify the Commission and shall remit to the Commission a proportional amount of the fair market value, if any, of the property, which sha(I be determined on the basis of the ratio of the grant made by the Commission to the actual cost of the project. (E) Fair market value shall be deemed to be the value of the property as determined by competent appraisal at the time of such withdrawal from use or misuse, or the net proceeds from public sale, whichever is approved by the Commission. (F) In the event of loss due to casualty or fire, the damages paid by the insurance carrier or payable from fMe self-insured reserve account shall be considered fair market value. In no event is salvage value to be considered fair market value. (G) The Grantee shall keep satisfactory records with regard to the use � -2- . � . � of the property and submit to the Commission upon request such information as is required in order to assure compliance with this section and shall immediately notify the Commission in all cases in which projec# facilities/equipment are used in a manner substantially different from that described in fhe project d�scription. (H) The Grantee shall maintain in amount and form satisfactory to the Commission such insurance as will be adequate to protect project facilities/equipment throughout the period of required use. (I) The Grantee shall also submit to the Commission at the beginning of each calendar year du�ing such period, a certification that the project facilities/equipment are still being used in accordance with the terms of paragraph 3 of this Agreement and that no part of the local contribution #o this cost of the project has been refunded or reduced, except as authorized above. (4) PROJECT TIME PERIOD: The project period shall be from July 1, 2005 to June 30, 2006. (5) DISPUTES: Any disputes that arise under this Agreement shall be decided by the Commassion or its representative the chief engineer. (6) LA80R PROTEC710N`. � (A) The Grantee agrees to accept and abide by the terms and conditions of Chapter 53 [(5333(b)] of Title 49, United States Code, as amended, absent a waiver by the United States Departmenf of Labor. (B) The Grantee agrees that it is the exclusive party responsible under the terms of the special 5333(b) warranty and that the State of Missouri, acting,through the Commission, assumes no obligation under fhe terms of the special 5333(b) warranty. . (C) The Grantee shall be solely financially responsible for the application of the conditions of 5333(b). (7) AUDITS, INSPECTION AND RETENTION OF RECORDS: The Commission and the United States Department of Transportation (DO�, or any of their representatives, shall have full access to and the right to examine, during normal business hours and as often as the Commission or the United States Department of Transportation deems necessary at'no charge to the Commission and/or its designees or representatives, all of the Grantee's records with respect to all matters covered by this contract. Such representatiVes shall be permitted to audit under the guidelines of �OMB Circular A-128 "Audits of State and Lacal Governments," or OMB Circular A-133, Audits of Institutions of Higher Education and Other Nonprofit Institutions,° examine � and make excerpts or transcripts from such records and other matters covered by ttiis contract. Such rights shall last for three years beyond the longer of the following -3- , ' , periods: (a) the period during which any property acquired with funds provided pursuant � to this contract is used for purposes for which the federal financial assistance is extended, or for another purpose involving the provisions of similar services or benefi.ts; or (b) the period during which' the :Grantee retains ownership or possession of such property; or (c) the end of the project time period specified in paragraph 4. All documents, accounting records and other material pertaining to costs incurred in connection with the project shall be retained by the Grantee for three years from the date of final payment to facilitate any audits or inspections. (8) PROPERTY MANAGEMENT STANDARDS: The `Grar�tee's services rendered and reimbursable expenses incurred shall be those allowable under the Common rule, 49 CFR Part 18, and FTA Circular 4220.1 E (Third Party Contracting Guidelines). (9) REPORTS: The Grantee shall advise the Commission regarding the progress of the projects at such times and in such a manner as the Commission may require including but not limited to meetings and interim reports. (10) INSURANCE: The Grantee shall maintain in amount and form satisfactory to the Commi,ssion such insurance as will be adequate to protect it in case of accident. If permitted by law, the Grantee may maintain a self-insurance program in lieu of purchasing insurance coverage. The Grantee shall verify compliance with fhis section by submitting a copy of its ce[tificate of insurance, or if self insured, a copy of its self- ;� insurance plan. (11) INDEMNIFICATION: The Grantee shall be responsible for injury or damages as a result of any services and/or goods rendered under the terms and conditions of this Agreement. In addifion to`the Nability imposed upon the Grantee on the account of persona( injury, bodily injury, including death or property damage, suffered as a result of the Grantee perf`orrnance under fhis Agreement; the G�antee assumes the obligation to save harmless the Commission, including its agents, employees and assigns, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission, including legal fees. The Grantee also agrees to hold harmless the Commission, including its.agents, employees and assigns, from any wrongful or negligent act or omission committed by any subcontractor or other person emplo�red by or under the supervision of the Grantee for any purpose under this Agreement, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission. (12) NONDISCRIMINATION ASSURANCE: With regard to work under #his Agreement, the Grantee agrees as follows: (A) Civil Rights Statutes: The Grantee shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and � -4- , . � Titie VII of the Civil Rights Act-of T964; as amended (4� U.S.C. 2000d and 2000e), as well as any applicable fitles of the Americans with Disabilities Act. In addition, if the Grantee is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the Americans with Disabilities Act. (B) Executive Order: The Grantee shall comply with all the provisions of Executive Order 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenfh -(14th) d�ay of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order which promulgates a Code of Fair Practices in regard to nondiscrimination, is incorporated herein by reference and made a part of this Agreement. This Executive Order prohibits discriminatory practices by the state, the Grantee or its subcontractoFs based on race, color, religion, national origin, sex, age, disability or veteran status. (C) Administrative Rules: The Grantee shall comply with the administrative rules of the United States Department of Transportation relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation (49 CFR Subfitle A, Part 21) which are herein incorporated by reference and made part of this Agr�ement. (D) Nondiscrimination: The Grantee shatl not discriminafe on grounds /� of the race, color, religion, creed, sez; disabilify; national origin, age or ancestry of any � � individual in the selection and retention of subcontracfors; inciuding ptocuremenfi of materials and leases of equipment. The Grantee shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR Subtitle A, Part 21, Section 21.5, including employment practices. ' - (E) Soticifatior�s �for Subcor�tracts Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the Grantee: These apply to afl'solicitations either by competitive bidding or negotiafion made by fhe Grantee for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Grantee' of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion} creed, sex, disability or national origin, age or ancestry of any individuaL (F) Information and Reports: The Grantee shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the United States Department of Transportation to be necessary fo asc�rtain compliance with other contracts, orders and instructions. Where any information required of the Gran#ee is in the exclusive possession of anothe� who fails o� refuses to furnish this information, the Grantee shall so certify to fhe' Commission or the United States Deparfinent, of n Transportation as appropriate and shall set focth what efforts it has`made to obtain the -5- information. " , . _ i�' (G) Sanctions for N�oncomplian�e: In the event the Grantee, fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the United States Department of Transportation may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the Grantee complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. {H) Incorporation of. Provisions: The Gra�tee shall include the provisions of paragraph 12 of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the United States Department of Transportation. The Grantee will take such action with respect to any subcontract or procurement as the Commission or the United ,States Department of Transportation may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the Grantee becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Grantee may tequest the United States to enter into such litigation to protect the interests of the Unit�d Sfates: � � (13) SECTION 504 ASSURAN�ES AND THE AMERICANS WITH DISABILITIES ACT OF 1990: The Grantee shall comply with all the requirements imposed by the United States Department of Transportation regulations implementing the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990 (and any subsequent amendments thereto) set forth in 49 CFR Parts 27, 37, and 38, as well as all applicable regulations �nd direcfives issued pursuant thereto by other Federal Departments or agencies. (14) DISAD1rANTAGED BUSINESS ENTERPRISE: 7he Grantee agrees to prepare and submit for Commission approval a Disadvantaged Business Enterprise plan as defined in 49 C.F.R. Part and 26�dated February 2, 1999, if the Grantee receives a total of $250;000 or m�re of financial assistance from the United States Department of Transportation, Federal Transit Administration. (15) INTEREST OF MEMBERS�OF OR DELEGATES TO CONGRESS: No member of or delegate to the Congress of the United States'shall be adrr�itted to any share or part of this contract or to any benefit arising therefrom. (16) CF�ARTER AND SCHOOL BUS PROVISIONS: (A) Charter Setvice Operations: The Grantee shall cornply with 4�9 � -s- � U.S.C. 5323(d) and 39. C:F.R. ParE fiO4, which provides that recipients and subrecipients of FTA assistance are prohibifed from providing charter seroiae using federally funded equipment or facilities if there is at least one privats charter operator willing and able to provide the senriee, except under one of#he exceptions of 49 CFR 604.9. Any charter service provided:under:one of the exceptions must be "incidental," i.e., it must not interfere with or detract from the provision of mass transportation. {B) School.Bus Operations: The Grantee shall comply with 49 U.S.G. 5323(fl and 49 C.F.R. Part 6Q5, which provides that recipients and subrecipients of FTA assistance may not engage in school bus operations exclusively for the transpor�ation of students and school: personnel in competition with.private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption; #he Grantee may not use federally,funded equipment, vehicle, or facilities. (17) REIMBURSEMENT: (A) Net Operatinq Cost: The Commission, using funds made available from the grant made to it by the United States Department of Transportation, shall reimburse the Grantee for 50% of the net operating cost described in paragraph (1)(a) of this Agreement; provided, however, in no eveht shall the total amount reimbt�rsed by the Commission for net operating cost 'exceed the maximum fedefal `share of � $140,�00.00. _ - (B) State Funds Reimbursed to�the Grantee Pursuant to H B 1004: The Commission, using funds made available from H.B. 1004, shall reimburse the Grantee for $6,870.00. Reimbursement made pu�suant to H.B. 1004 shall be provided #o the Grantee o� for transpartation services provided by the Grantee from July 1, 2005, to June 30, 2006. (18) PAYMENT: Progress payrrients, based upon actual allowable costs, for not less than one (1) month may be made upon receipt of an itemized invoice from the Grantee. The itemized invoice shall be`reviewed by the Commission prior to paymen#: (19) REIMBURSEMENT CONDITIONS: Reimbursement by the Commission is subject to the following co�ditions (A) Funds made available to the Commission and Grantee are subject to appropriations made by the General Assembly. The maximum Commission payment on any monthly or quarterly request and in the aggregate, when added to federal operating assistance funds available and applied to the same operating period, shall not cause the total of state and federal operating assistance to exceed the amount of operating assistance for which Grantee would have qualified in federal funds had additional.federal funds been available. � (B) Financial summaries submitted to the Commission must include a -7- certification that costs have been incurred in the performance of the contraet and a � record of the actuai costs. (C) Reimbursement w'rf1 be made by the Commis�ion on an incremental basis. Reimbursement is subject to approval by the Commission. All requisition forms shall be in an appropriate format.approved by fhe Commission. (D) Requisitions requesting reimbursement for operating expenses shall be in accordance with the approved projec#operatEng`budget (Appendix B). � (Ej Requisitions requesting reimbursement for capital expenses shall 6e in accordance with the approvetl estimated capitaf projecf budgef'(Appendix B). (F) The Grantee shall not be reimbursed for any expenses incurred prior to or after the project period. Post audit activities will be conducted by the Commission. (20) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representative of the Grantee and the Commission. (21) SUBCONTRACTS: None of the project activities described in Appendixes A or B shall be subcontracted without the prior written consent of the Commission. All subcontracts shall be subject to the terms and conditions of this Agreement. The Grantee, however, shall remain responsible for the proper completion of the �project � notwithstanding any subcontract. (22) TERMINATION: This Agreement may be terminated upon any of the following conditions: (A) If, for any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or�if the Grantee shall violate any of the covenants, agreemenfs; or sfipulations con�ained herein, the Commission shall have the right to terminate this Agreement if such default or violation is not corrected within twenty (20) days after w�iften notice is sent to fhe Grantee describing such default or violation. (6) The Commission may`terminate this Agreement without recourse in the evenf that, for any reason, federal funds are nat appropriated; allotted, or available to the Commission for the purpose of ineeting the Commission's obligation hereunder. The Commission will provide written notice of such termination to the Grantee at least five (5) days prior to the effective date.of termination. (C) Either party may termrnate this Agreement at any tirne by givin� written notice to the other party of such termihafion and specifying the effective date thereof at least forty-five (45) days in advance of such termination date. � -8- � (23) STATEMENT OF REVENUE AND EXPENDITURES: The Grantee agrees that a statement of revenue and expenditures, based on actuai figures,, will be submitted with each invoice in a formaf approved by the Commission upon completion of the project. The Grantee shall provide'the Commission with a final invoice indicating the detailed costs, revenues ,and actual operating loss, when applicable, to the 5311 grant. Upon receipt of the final invoice,.an audit will be performed by the Commission. (24) SOURCE OF CQMMISSION FUNDS: The obligation of the Commission for financial assistance in the projeat is contingent upon this Agreement being approved by the Federal Transit `Administration and the United States Department of Transportation, and upon federal funds being allocated to, and approved, for the project. (25) LACK OF WAIVER: In no event shall payment of grant funds to the Grantee by the Commission constitute or be construed as a waiver by the Commission of any breach of covenants, or any default which may exist on the part of the Grantee and the making of any such payment by the Commission while any such breach or default shall exist shall in no way impair or prejudice any right or remedy available to the Commission with the respect to such breach or default. (26) SECURITY: The Grantee agrees that upon purchase with funds provided under this Agreement of any equipr�ent for which a title certificate may be obtained or is required under the laws of Missouri th�t the Grantee will execute such documents as � may be necessary to protecf and secure a lien upon such equipment in favor of;the Commission. Any and all fees required to be paid to secure and maintain said lien shall be paid by the Grantee. � (27) CONTRACTS FOR PROVIDERS OF TRANSIT SERVICE: The Commission reserves the right to review �t�d concur in the Grantee's specifications ar�d advertisements for transif and professionaf services contracts prior to submission to prospective bidders. The Commission will concur in award of bid by the Grantee prior to the execution of this Agreement between fhe Grantee or any bidder. (28) BUY AM�RICA: The Grantee�agrees to abide by the provision of the Buy Ameri�a requirements of the 49 CFR Part 661. (29) COMMISSION REPRESENTATIVE: The �ommission's chief engineer is designated as the Commission's representative for the `purpose of administering the provisions of this Agreement. (30) ASSIGNMENT: The Granfee shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (31) LAW OF MISSOURI TO GbVERN: This Agreement shall be construed according to the laws of the state of M�issouri: The Grantee shall comply with all locai, � state and federal laws and regulations relating to the perFormance of this Agreement. �..9_ . (32) VENUE: It is agreed by the parties that any action at law, suit in equity, or � other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be institut�d only in the Circui# Court of Cple County, Missouri. (33) NONSOLICITATION: The Granfee warrants that it has not emplbyed or retained any company or person, other than a bona fide employee working for the Grantee, to solicit oc secure this Agreemenfi, .and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee,. commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. (34) 5311 STATE MANAGEMENT PLAN: The Grantee agrees to the terms and conditions of the Missouri Highway and Transportation Department's 5311 State Management Plan incorporated herein by reference. (35) CONFIpENTIALITY: The Grantee shall not disclose to third parties confidential factual matter provided by the Commission except as may be required by statute, ordinance, or order of court, or as�authorized by the Commission. The Grantee shall notify the Commission immediately of�ny requesf for such infarmation. � (36) DRUG AND ALCOHOL TESTING: The Grantee agrees to accept and abide by the terms and conditions of 49 CFR Parts 40 and 655 mandating drug and alcohol testing. in tlie event the Ciommission agrees to subsidize the cost of such testing, the Commission does not agree�to accept liability for damages or injury caused to Grantee, Grantee's agent or third parties. G'rantee agrees to indemnify and hold the Commission harmless for damages and injuries resulting from actions of the Grantee and Grantee's agents. (37) R�STRICTION ON LOBBYING: The Grantee agrees to abide with the requirements of Section 1352 of Title 31, U.S.C. (38) ENERGY CONSERVATIC�N:- The Grantee agrees to comply wi#h mandafory standards and policies �relating to energy efficiency which are contained in the st�te energy conservation plan issued in `compliance with the Energy Policy and Conservation Act. (39) FEDERAL CHAN(3ES: The Grantee shall at all times comply with all applicable FTA regulations, polices, procedures and directives, including without limitation those listed directly or by reference in the Agreement (Form FTA MA (2) dated October, 2002) befinreen Grantee and FTA, as they may be amended or promulgated from time to time during the term of this Agreement. The Grantee's failu're to comply shall constitute a material breach of this Agreement. � - 10-. . � (40) CLEAN AIR: The Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act; as amended, 42 U.S.C. Sect. 7401 et. seq. The Grantee shalf ensure fhat�its contractor will report each violation to the Grantee. The Grantee will; in turn��`report each violation as required to �ssure notification to�FTA and fhe appropriate EPA Regional Office. The Grantee also agrees to include these requirements in each contract exceeding $100,000 financed in wliole or in part with Federal assistance provided by`FTA: (41) NO OBLIGATION BY THE -F�DERAL GOVERNMENT: The Grantee acknowledges and agree that, nofinrithstanding any c�ncurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Agreement and shall not be subject to any oblig.ations or liabilities to the Grantee or any other party pertaining to any matter resulting from the Agreement. The Grantee agrees that it will ensure that the contractor will include the above clause in each subcontract financ�ed in whole or in part with �ederal assistance provided by FTA. tf is fur#her agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. (42) CLEAN WATER:: The Grantee' agrees to compiy with all applicable � standards, orders or regulations is�ued pursuant to the Federal Water Pollution Control ' Act, as amended, 33 U.S.C: 1251 et. seq. The Grantee wi11 require its contractor to report each violation to the Grantee and.understands and agrees that the Grantee will, in turn, report each violation as requireii to assure notification to FfA and the appropriate EPA Regionat Office. The Grantee agrees that it will ensure that the contractor will agree to include these re�uirements in each subcontract exceeding $100,000 financed in whole or in part with Federal Regional Office. (43) PROGRAM FRAUD AND �ALSE OR FRAUDULENT STATEMENTS OR . . - _ RELATED ACTS: (A) The Grantee acknowledges that the provisions of the Program Fraud Civii Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program Fraud Civil Remedies,".49 C.F.R. Part 31, apply to its actions pertaining to this Project. The Granfee shall ensure that the contracfor will certify or affirm the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract of the �TA assisted project for which this contract work 'rs being performed. In addition to other penalties that may be applicable, the Grantee further acknowledges that if it makes, or causes to be made, a false,� fictitious, or fraudulent�elaim, statement, submission, or certifcation, the Federal Government reserve& the right to impose the penalties of the Program Fraud Civit Remedies Act of 1986 on �he Grantee to the extent the Federal . � Government deems appropriate. � - 11 - (B) The Grantee also acknowledges that if it makes, or causes to be � made, a false, fictitious, or fraudulent claim, statement.; submission, or certification to the Federal Government under a cantract connected with a project that is �nanced in whole or in part with Federal assistance originalfy awarded by FTA under the authority of 49 U.S.C. § 5307; the Government�reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. 5307 (n)(1) �on the Grantee, to the extent the Federal Government deems appropriate. (C) The Grantee agrees to include the above two clauses in each of its contracts financed in whole or in part wifh Federal assistance provided by FTA, It is further agreed that the clauses shall not be modified, except to identify the contractor subcontractor who will be subject to the provisions. (44) PRIVACY ACT: (1) The Grantee agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Among other things, the Grantee agrees to obtain the express consent of the Federal Government before the Grantee or its employees operate a system of records on behalf of.the Federal Government. The Grantee understands tt�at fFie requirements of the Privacy Act, including the civil and criminal penalties for violation of tha� act; apply to those individuals involved, and that failure to comply wifh�the terms of the Privacy Act rt�ay resul� in termination�of`the Agreement. . � � (2) The Grantee also agrees to include these requirements in each of its contracts to administer any system of records on behalf of the Federal Govemment financed in whole or in part with Federal assistance provided by FTA. (45) STATE AND LOCAL LAIIV. DISCLAIMER: The use of many of the suggested clauses are nof governed by 'Federal law, but are significantly affected by Sfate law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the Grantee's procurement documents, the Grantee should consult with their local attorney. (46) INCORPORATION OF F€DERAL TRANSIT ADMINISTRATION (FTA) TERMS: The preceding provisions incl�de, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly sef forth in the preceding contract provisions. Alt contractual provisions required by DOT, as set forth in FTA Circular 4220.1E, dated June 19, 2003; are hereby incorporated by reference. Anything to the contrary herein nofinrithstanding, all �TA mandated terms shall be deemed fo control in the event of a conflict with other provisions confained in this Agreement. The Grantee shall not perform any act, fail"to perform a�ny act, or refuse to comply wi�h any requests which would cause the Grantee to be in violation of the FTA terms and conditions. � - 12- � (47) GOVERNMENT-t�VIDE pEBARMENT AND SUSPENSION (NONPROCUREMENl�: :The Grantee agrees to comply:wifh the requirements of t�he Certification of Primary and Lower-rer P�rticipants Regarding Debarment, Suspension, and Other Ineligibilify and Voluntary Exclusion as submitted wifh the grant application.. (48} COMPLIANCE WITH S�CTION ;. Vfll OF FTA NATIDNAL JTS ARCHITECTURE POLICY ON TRANSIT PROJECTS: , In compliance with SectiQn VII af"FTA National ITS Architecture Policy on Transit Projects" af 66 FR 1459, January 8, 2001, in the course of implementing an ITS project, the Grantee assures it will comply, and require any third party contractor to comply, with all applicable requirements imposed by Section V and Section VI of that notice. IN WITNESS WHEREOF, the parties have entered into this Agreement on the last date written below. Executed by Grantee this . day of , 2005. Executed by the Commission this day of , 2005. � MISSOURI HIGHWAYS AND : CITY OF CAPE GIRRRDEAU TRANSPORTATION COMMISSION By � ;: gy . � Title Director. Multimodal Operations � Title Attest: Attest: By: gy; Secretary to the Commission Title: : Approved as to Form: Ordinance No.: Commission Counsel (if applicable) � _ J:\tarvv�s�5311 gr26�gr 26 merge contract - 13- �ar i r��..�� -- . � ' APPLICATION FOR SECTION 5311 ASSISTANCE FROM JULY 1, 2005 TO JUNE 30, 2006 � DATE: March 23, 2005 Applicanfi's Name: City of Cape Girardeau Mailing Address: P. O. Box 617 Street Address: 401 Independence City,State,Zip: Cape Girardeau, MO 63702 County: Cape Girardeau U S Congressional District: 8 _ Missouri Senate District: 27 Missouri Representative District: 157, 158 Contract Person: Doug Leslie , Phone Number: 573-334-1212 Fax Number: 573-335-7946 � E-mail Address: dleslie@cityofcapegirardeau.org GENERAL DESCRIPTION OF PROJECT: This proposed project will enable the City of Cape Girardeau to continue the current taxi coupon transportation program at the current level of coupons available to program participants on a first come - first serve basis. PROPOSED CAPITAL FUNDING PROPOSED OPERATING FUNDING: Federal 0.00 Federal 162,497.00 Local 0.00 Local 231,403.00 Total 0.00 Total 393,900.00 � Dougl s K Leslie City Manager , . . .,,.,.. . , � v ' APPENDIX-A PROJECTED BUDGET � Project Period: Jul 1, 2005 - June 30 2006 Y , A. Total Operating Expenses 1. Project Administrative Costs 501 . 04 Administrative Salaries $ 50, 000. 502 . 04 Fringe Benefits 15, 000 . 509 . 03 Office Supplies 3, 000. 514 . 01 Advertising 500 . $ 60, 200 . 503 . 03 Cab Coupon Program $ 333 , 700 . Operat�ng Expenses $393, 900 . 2 . Revenue a. Tickets Sold $ 68, 906 . Total Revenue $ 68, 906 . 3 . Project Cost $324, 994 . 4 . Local Share: 50� $ 162,497 . � � (1) General Fund Section 5311 Fund Requested $ 162,497. : Budget Prepared by: � �� Douglas K Leslie, City Manager � CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 2 3 2 Agenda July 18,2005 The Honora.ble Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Ordinance Approving A Record Plat of The Villas of West Park and Resolution Approving Escrow Agreement This Council agenda item provides for consideration of the record plat of The Villas of West Pazk. This forty-eight lot subdivision is located on the north side of Bloomfield Road, between Silver Springs Road and Mount Auburn Road. This is a residential multi-family subdivision by California Homes, Inc.. � This subdivision plat was approved by the Planning and Zoning Commission at their meeting on June 9, 2004. The vote on the motion to approve the plat was 10 in favor and none in opposition. There was no public comment concerning the development. The plans for the subdivision include the construction of streets, sewers, stormwater detention, and water lines to serve the lots. It is recommended that the City Council give first reading consideration to the attached ordinance approving the record plat for The Villas of West Park, and that the resolution authorizing the escrow agreement to guarantee the public improvements in the subdivision be approved. Respectfully submitted, � /'1;�v� ent M. Bratton Director of Planning Services ��G�� Douglas K. Leslie � City Manager KBM/DKL/rlf � BILL NO. 05-157 ORDINANCE N0. AN ORDINANCE APPROVING THE RECORD PLAT OF THE VILLAS OF WEST PARK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: AR.TICLE 1 . The record plat of The Villas of West Park, being that part of Outlot No. 85 in United States Private Survey No. 2199, Township 30 Nor�h, Range 13 East, in the City and County of Cape Girardeau, Missouri, submitted by California Homes, Inc. , and the Richmond Family Trust, bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated September 9, 2004, 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 �. 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W � � " � �� Z Q 0 �'�� ' �j �� i� � � �. y+ �� 3 �� r�� ' � � ' �� ,�� _-----� � � � � � y�\ ��P� � ��,� pF ��.��- '" ��s� -� y , .�' D � , � � � ,\ � � ' � St1R. 174 t 't, �� y �a , �� e .` ti , � , � ty� II � I � II 1 �+i + D • M5. � i'� r'/� ,,, �� J___�., !';/" -_ i �-v�� / � �r �r�n � CITY OF CAPE GIRARDEAU Office of the City Manager � Council LetterNo. 232 Agenda Ju1y 18,2005 The Honorable Mayor and � Members of the City Council City of Cape Girardeau,Missouri Dear Mayor and Council Members: RE: Ordinance Approving A Record Plat of The Viltas of West Park and Resolution Approving Escrow Agreement This Council agenda item provides for consideration of the record plat of The Villas of West Park. This forty-eight lot subdivision is located on the north side of Bloomfield Road, between Silver Springs Road and Mount Auburn Road. This is a residential multi-family subdivision by California Homes, Inc.. � Tlus subdivision plat was approved by the Planning and Zoning Commission at their meeting on June 9, 2004. The vote on the motion to approve the plat was 10 in favor and none in opposition. There was no public comment concerning the development. The plans for the subdivision include the construction of streets, sewers, stormwater detention, and water lines to serve the lots. It is recommended that the City Council give first reading consideration to the attached ordinance approving the record plat for The Villas of West Pazk, and that the resolution authorizing the escrow agreement to guarantee the public improvements in the subdivision be approved. Respectfully submitted, � /�/�;��i� ent M. Bratton Director of Planning Services . �GG�� Douglas K. Leslie � City Manager KBIV1/DKL/rlf -,� � � � � t � �t�\ �\��S '�'�� pF ,��,t�� S� � y , � D � i �o � ,\ � � SUR. 174 � � i �, �� 4�� , , , , , , � � � �. � � � I ,. o . II � r ; I� �i ;;: �i � _ -- �� y/n n � BILL NO. 05-158 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH CALIFORNIA HOMES, INC. , AND CAPAHA BANK FOR THE VILLAS OF WEST PARK SUBDIVISION, 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 Escrow Agreement with California Homes, Inc . , and Capaha Bank for the Villas of West Park Subdivision. 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 � ESCROW AGREEMENT � This Escrow Agreement made and entered into this 11th day of_Julv 2005 b and � � Y between �lifornia Homes, Inc. a Corporation , organized and existing under the laws of the State of_Missour; havin its � g principal office and place of business at 2131 William St, Cape Girardeau, N� 63703 , hereinafter called Developer, and hereinafter referred to as Escrow Agent and the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter referred to as City. WITNESSETH: WHEREAS, the Developer is the owner of the Villas of West Park a , proposed subdivision located within the City of Cape Girardeau, Missouri, and has submitted to the City improvement plans and specifications which have been approved by the City and has submitted a final plat with request that said plat and the plans and specifications for the improvements in the Proposed Subdivision, be accepted and approved by the Ciry, and WHEREAS, Developer proposes to meet the ordinance requirements of the City with respect to �e posting of this Escrow Agreement prior to the approval by the City of the plat proposed for said subdivision, NOW, THEREFORE, In consideration of the foregoing and of the mutual promises and agreements contained herein the parties to this Escrow Agreement stipulate and agree as follows: 1. Developer is the owner of the Villas of West Park subdivision, hereinafter referred to as the "Proposed Subdivision", and has submitted to the City its plat of said Proposed Subdivision and requested approval of same the City has heretofore approved the improvement plans and specifications of the Proposed Subdivision. 2. An Irrevocable Letter of Credit has been issued for the cost of the improvements in said Proposed Subdivision by Capaha Bank , hereinafter referred to as "Financial Institution". The Irrevocable Letter of Credit, copy of which is labeled Exhibit "A" and is attached to this Escrow Agreement and made a part hereof as though fully set out herein, has been placed in the possession of Escrow Agent. Said Irrevocable Letter of Credit is a commitment to the Developer from the Financial �stitution that it will serve as the primary lender for the development of the Proposed Subdivision and c;ommits itself for enough funds to complete the improvements in the Proposed Subdivision. 3. A copy of the most recent financial statement of the Financial Institution is submitted for the purpose of guaranteeing to the City that the Financial Institution as the issuer of the Letter of Credit to � the Developer has sufficient resources with which to uphold its guarantee. 4. The Escrow Agent agrees to hold the original of the Letter of Credit issued by the Financial Institution subject to the provisions of this Agreement and the ordinances of the City of Cape Girardeau, as they may appertain to the provisions of the Escrow Agreement. The Escrow Agent agrees that it will set up a special escrow account subject to audit by the City in which all funds made available by the Financial Institution for the improvements in the Proposed Subdivision, will be deposited. The Escrow Agent may release all such funds to the Developer only for the purpose of completing the improvements in the Proposed Subdivision. 5. The Escrow Agent shall not release more than ninety-flve percent (95%) of all funds deposited with him as Escrow Agent by the Financial Institution for the improvements in the Proposed Subdivision except on the approval of the Administrative Officer of the City and until the City Council is satisfied that the improvements for the development of the Proposed Subdivision have been completed in accordance with the plat and the improvement plans and specifications of the Proposed Subdivision and � the Ordinances of the Ciry of Cape Girardeau. The City Council agrees that it will not unreasonably prevent the release of the final five percent(5%)of the sums deposited with the Escrow Agent. 6. The City may from time to time partially release the Escrow Agent from all or any part of its obligations and shall do so by written notification from the City's Administrative Officer. 7. Upon approval by the City through its Administrative Officer for the retease of all funds held by the Escrow Agent, this agreement shall be terminated and the Developer and the Escrow Agent shall be released from any further obligation to the City insofar as the provisions of this Escrow Agreement are concerned. 8. In the event of the failure or refusal or inability of the Escrow Agent to serve as determined by the Administrative Officer of said City, the City shall appoint a substitute who will have the same responsibilities as the Escrow Agent named herein. 9. If, after two (2) years from the date of this agreement, all the improvements reflected by the approved improvement plans and specifications have not been completed, the Ciry may require the E � �✓ Escrow Agent to remit to the City cash or negotiable instruments constituting the balance of the escrow account required to complete the improvements. 10. This Escrow Agreement shali not in any fashion be construed to limit the powers, rights, � or duties of City, but said agreement shall be construed in the light of the applicable ordinances of the City of Cape Girardeau, Missouri, regarding the subdivision of lands. 11. No part of this agreement may be assigned by the Escrow Agent or the Developer without first obtaining the express written consent of such assignment by the City, but the City agrees not to unreasonably withhold such consent. IN WITNESS WHEREOF, the parties have executed this instrument in triplicate as of the day and year first herein written. DEVELOPER � California Homes Inc [Seal] [Typed Na eloper] ign ure) ATTEST: Michael K. Peters President [Typed Name&Offic of Signer] � [Signature] [Typed Name &Office of Signer] ESCROW AGENT [Signature� [Seal] [Typed Name&Office of SignerJ CITY CITY OF CAPE GIRARDEAU, MISSOURI [Seal] Douglas K. Leslie, ' � ' City Manager ATTEST: Gayle L. Conrad, City Clerk � STATE OF MiSSOURI ) � ) ss. COUNTY OF CAPE GIRARDEAU ) � On this 11th day of July , 20 , before me personally appeared Michael K. Peters to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. . �".�-� �� -��- [Notary Public Signature] `��u�air,q�� `\`��\�,��Np B.Bp��,�� My Commission Expires: Christina B. BollinQe�T;� ssi ••.'y �� [Typed Name of Notary Pul��'.��5�2��00 9:9; 8-27-OS - .�� '�'; = =*• • �•� :*: �Q� NOTARY SEAL :Q� i 9�•.�j^,��:��c,�� STATE OF MISSOURI ''�� '•.... ....• '�� )ss. �'��''e��i i�iini��`,` COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me personally appeared to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office � in said County and State the day and year first above written. [Notary Public Signature] My Commission Expires: [Typed Name of Notary Public] STATE OF MISSOURI ) )ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Douglas K. Leslie, to me personally known, who, being by me duly sworn, did say that he is the Interim Ciry Manager of the City of Cape Girardeau, Missquri, a Municipal Corporation of the State of Missouri, and that the seal a�xed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. LaDonna Laub, Notary Public � My Commission Expires: August 4, 2003 FROM: Capaha Bank [Financial Institutionj � �.'0 Box 1429 [Address� �a�e Girardeau, MO 63702-1429 7-11-05 [Date] TO: California Homes, Inc. [Customer-Developer] Z131 William St. rAddress�] �ape Girardeau, MO 63703 AND City of Cape Girardeau, Missouri- Beneficiary City Hall, P. 0. Box 617 Cape Girardeau; Missouri 63702-0617 IRREVOCABLE LETTER OF CREDIT N0. 05-03-09 We re sta lis our rrevoc ble letter of credit in your favor up to the aggregate amount of�vp��i�ls�� s"� dollars($163,588.0� available upon your demand and � upon the approval of Beneficiary-�City of Cape Girardeau for the cost of developing the Villas of West Park Subdivision according to the final plat and improvement plans and speci�cations as approved by the City of Cape Girardeau on , 20 . If you do not complete the improvements as specified within two (2) years, Beneficiary- City of Cape Girardeau may, pursuant to the procedures in the Ordinances of the City of Cape Girardeau, draw the balance of your account required to complete said improvements. FINANCIAL INSTITUTION Capaha Bank [T ed Name f Fin cial I ti ionj [Seal] �� ig ature] net E. Varnon, Vice President [Typed Name & Office of Signer] Accepted this 11th day of_July , 2p 05 . CUSTOMER-DEVELOPER California Homes Inc. [Typed Nam us er-Developer] [Seal) s�!� � Signature] Michael K. Peters si [Typed Name & Offi of Signer] CITY Approved pursuant to Council action this day of , 20 �;,,� City of Cape Girardeau, Missouri [Seal] Douglas K. Leslie; : City Manager STATE OF MISSOURI ) ) ss. � COUNTY OF CAPE GIRARDEAU ) On this 11th day of Julv , 2005 , before me personally appeared Janet E. Varnon to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same as his free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State#he day and year first above written. r�/�n..�/l.t/� �� 'v_.0 w. [Notary Public Signature] My Commission Expires: 8-27-05 C�ristina B Bollinger ......... [Typed Name of Notary Public]\`\��Npg,g0�/,.,,� (� � `� �GJ.��•.••.. � � �r �.�/ � Q�. SSIO • � �G?�0��127,��C�: � � ; ��' �su,� s =�'• �.� S*= �Z: NOTARY SEAL :�� O • ; Q: STATE OF MISSOURI ) �9`'•��:\�a: � 1 � SS. /''/,��!/IIIItII!�O��`\\. COUNTY OF CAPE GIRARDEAU ) On this 11 th day of July , 2005 , before me personally appeared to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he executed the same a� his free act and deed. Michael K. Peters IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my o�cial seal at my office in said Counry and State the day and year first above written. \��NINIHIIN ir I/ � r `��,��Np B.Bp�f�i�� /`�.�,,.a B . .,....._ �.t,�i, [Notary Public Signature] �,?�o�2�ErA9��`�� . J O My Commission Expires:8-27-05 Christina B. Bollin�er=*i� � �.� s�';*` [Typed Name of Notary Public�o�. NOTARY SEAL :—; . ��• .o , '99�• �� .•c�c�`` . ,/'�"`••��u��\\t\ /�i�/��C'��;�� STATE OF MISSOURI � )ss. � COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Douglas K. Leslie, to me personaliy known, who, being by me duly sworn, did say that he is the interim City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my o�ce in Cape Girardeau, Missouri, the day and year first above written. LaDonna Laub, Notary Public My Commission Expires: August 4, 2003 � � CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 233 Agenda July 18,2005 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri Re: Appointments to Golf Course Advisory Board Dear Mayor and Council Members: Due to the attendance requirements for city advisory boards,Iance Gragg is no longer a member of the Golf Course Advisory Board. He was absent from four meetings of the commission within a twelve month periad. Mr. Gragg was serving a term set to expire January 18,2008. A copy of the current roster for the Commission is attached for your information. According to Section 18-53(a)of the City Code, "A person appointed to the municipal golfcourse board shall be a taxpayer and qual�ed voter of the City. One(1)member of the municipal golf course advrsory board shall be a member of Cape Jaycees and designated by that organization as its representative on the golf course advisory board."Michael Leimer presently serves as the Jaycee representative. The following individuals have expressed an interest in serving on the board, and their board summaiy sheets are attached. � Phil Cantoni Michael Hopen Willie Sti ler 8 Fred Ducharme � Bill Isbell Walter Wildman Mark Ervin H. W. Meyr Dick Withers James Hastings,Jr. Brett Richardson � Rick Hetzel Cindy Schmoll It is recommended that one appointment be made to the Golf Course Advisory Board for a term expiring January 18,2008. If you have any questions or comments,please contact us at your convenieace. Respectfully submitted, �� Gayle L. onrad City Clerk �� Douglas K. Leslie ' City Manager � V CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees � May 16, 2005 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. Golf Course Advisorv Board Date Anvointed Date Reanpointed Term E.xnires Leimer(Jaycees) December, 1996 September 3,2002 September 4,2005 Heady,Charles V.Jr. September 3,2002 --- September 4,2005 Charles Wagoner,Jr. November 5,2001 11/4/02 November 12,2005 Jackie Ahrens October 23,2000 11/3/03 November 12,2006 Jack Watts November 3,2003 --- November 12,2006 Kenneth Bramlett November 1,2004 -- November 12,2007 Michael Seabaugh November 1,2004 --- November 12,2007 James Banken March, 1996 2/1/99; 1/22/02;2/7/OS January 18,2008 Vacant(Crragg) --- -- January 18,2008 Council member,ex-officio Serve three year terms, appointed by City Council. One member shall be a member of Cape Jaycees and designated by that organizarion is its representative. Regulaz meetings held fourth Thursday at Noon at the A.C. Brase Arena. Parks and �eation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff act-Parks&Recreation Director. � Y CITY OF CAPE GIRARDEAU,MISSOURI BOARD MEMBER SUNIMARY Name Phil Cantoni Telephone: Day 573 339=2289 � Home Address 3926 Valley View Evening 573 335-7664. E-mail Address philip.cantoni@bankofamerica.com Year Current Residence in Cape Girardeau Began 1980 Current Employer and Position Bank of America. Vice President Business and Premier Banking Previous Employers and Positions Ford Motor Credit Dealer Services Supervisor In which Board(s) are you interested? Golf Course Advisory Board Special Qualifications for specific board(s) (include past board service)_ Anyone who knows me,knows I am passionate about the game of golf and want to promote the sport in Cape Girardeau. I was asked by two current board members to make application. I have been playing golf for over 2U years and have been a member of the Jaycee Golf Course;Kimbeland and currently am;a�er�ber.atBent . , . , � � Creek. . , . _ ' ` �.J Educational Back�round BS degree from Southeast Missouri State University. Community Activities (Include offices held and committee service) Meeting time(s)convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime_X_ B. Morning Noon. Afternoon Evening Anytime_X_ Would you like to receive riews from the Ciry via e-mail? ❑ Yes ❑ No - _ .. _ _ _ ___. __________ By�signing this document,you agree to serve and attend regularly. Three(3)consecutive absences,or four(4) albsences in any twelve(12)consecutive months,will result in your gosition being automatically for�eited on the board/commission. , � �..� Signed Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office,P.O.Box 617, Cape Girardeau,MO 63702-0617. ��'Y-�µ-�ee� 14�51 TG MISSOURI MAIN OFFICE 573 547 7377 P.02 r CITY OF CAPE GIRA.RDEAU, NIISSOURI BOARD MEMgER SUMMARy � Name_Fred Ducharme - Home Address 347 Kelley Court Ca e ' Telepho�e: Day_573 768 439I p Girardeau Mo. 6370I Evening_573 332 1338 E-mail Address fred:ducharme@tgrnissouri.com �x �y�-�37`1 Year Current Residence in Cape Girardeau Began March 1999 Current Ernployer and Position TG Missowi Senior General Manager uali an Previous Employers and positions Q tY d Environmental Osram Sylvania-Quality Manager Rockwell International Project Manager,various engineerin osirio g P ns In which Board(s) are you interested? Golf Course Advisory Boazd S ecial ualifications for specific board(s) (include past board service) Good int building / interaction skills. Golfer. Love the outdoors. Past Service — Leadership La ae ettenel and team Commerce (Lafayette Indiana)membership drive chairmari; Kiwanis Board Member y � ��ber of �'� Educational Back ound , ; Bachlor of Science—Industrial Engineering Masters of Science-Management . Community Activities(Inclt�de offices held and committee service) Kiwanis Park Committee Kiwanis Scholarship Committee Meeting time(s)convenient for you: (Please check one in A and one in B . A� Weekt � Y� Monthly X Anytime B• Morning Naon X Aftemoon Evening_ qnytlme Would you Iike to receive news from the City via e-mail? yes By signing this document,you agree to serve and attend regularly. Three 3 ,�absences in any twelve 2j consecutive months,will result in your position bensecutive absences,or fow(4) e board/commissio � ing automatically farfeited on Sigrted �� . _��,��, / �� U, **Board Me ber Summ Date �o : ary Sheets are valid for one year from the date that they are signed. CITY OF CAPE GIRARDEAU, MISSOURI � BOARD MEMBER SUMMARY ___��/ Tel hone: Da ,�"�.3 6 S/ 9�� a Name ��.,�,1� ,� eP Y Home Address�f�A ,�6u f /I�."�,/�/� ��'� — �Q,, Evenin� �� p E-mail Address y�� a�Y�. Year Current Residence in Cape Girardeau Began�'�_��r�d�� ro i�� 1,o rc rc,,r�;/c,•�e e, C`uirent Employer and Position ;�q�l-/,� �, Previous Employers and Positions� /��rr��o.� �-� TrA� t D �/a�c��.`!� - s'�,',�,� �.� J f' �4 N/J �0.f��"f I� � l�'�P n�s� /i��i��l� �t li/9/C/e h �'7'� /� " i �?��0.1" � �' YYI�n��i� �! c/�h S-'�,�Y/C�� 3. (�'a r f 1�•le .��,�,�'�„ �Oa�nczy 'C�'�'A v � �,oa-r ��l�r�� ,fu�e2 Y�J 6 �— In which Board(s) are you interested? Ga'l�' �'6u �r�, 4/ ri' � ,�� q ne r� Special Oualifications for specific board(s) (include past board service) .��,P>`n p_�s r P c �h c � y e�c. �6�� r� ,!'�',`s'.�� T� i�n�� r87�� Q Y)� !'l��Frf ��G 1'��d.� 6� �i�t� �.af��•4 . , ' ��- l / + r.� Educational B ound ��A, ��^s� � f 1�o,�,;r� (�6' /�C�c'i )��.�_ � �. 1'�o• �`� - � ,� ,„!', _�r_ rG9'�s YYfid'• Communitv Activities(Include offices held and committee service) i'Ylrv m ,�.c .r � �� ,��-�/'�' �'o�/�e.!' .r'�'r7 e� �9�� .('F'm O ��i r+� 1 0 7L �T�c�—�6��'.0^G��.!�i f��n i� ��'e,� vJ/'i�l► m 4 n � E� o r�i� ?� a r� fl ti/� �6�-� ��1 �e rv ni��'r, ��I'.1=,�?�r a '�c G��,/'� �C. �� .f�c r l�r o r, 7��1 t�f�o�''a�/ Meeting time(s) convenient for you: (Please check one in A and one in B) � A. Weekly Monthly Anytime 1/ B. Morning Noon Afternoon Evening Anytime� By signing this document, you agree to serve and attend regularly. Three(3) consecutive absences, or four (4)absences in any twelve(12) consecutive months,will result in your position being automatically forfeited on the board/commission. � � /l� �o��-'Q� Signed _ ��`_� �o Date � 17 - **Board Member Summary Sheets are valid for one year frorn the date fhat they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. ° CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY ��e I�. W • f�l E Y R Telephone: Day 33 4-3 00 � Home Address I l�5 C'f1 wNY Evening 33�1- o�5 8 E-mai1 Address .. hwrr►e�tret,osma�i cs�, , Year Curtent Residence in Cape Girardeau Began � q� p Current�mployer and Position_kR��o m��R A cc.�u2,.�.=N� S E �� p C C P A Previous Employers and Positions ro o ro e In which Board(s) aze you interested? G�o�c Cou�ssE AovxsoaY Special Oualifications for specific board(s)(include past board service) N eN� Z_ NRVfi PLAt'E� GDL1� RNO Stiu. ENJGY TN� +RME �ducational Back rg�ound SCt�'FNEf�c�r '('(1 S�.Dkns STAT K*VERSI'TY Community Activities(Include offices held and committee service) PRES:DENC- �A Pg Vl►RARO�.AU txNZ Y ROTM1{LY z002 ZO D Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly� Anytime B. Moming Noon�, Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three(3) consecutive absences, or four (4)absences in any twelve(12)consecutive months,will result in your position being automatically forfeited on the board/commission: - -- �S�ed ` Date z 0 _ _. . _ **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,NIISSOURI _. _ BOARD MEMBER SifMMARY ; _ . _. _. � Name�•t'2�`��c.v��✓�Sd�J Telephone: Day S�3-�3 S"-b tt � a __. ._ _ . _ Home Address-3��3 '�tie�.�s S-►r�, �Qt. �1 Everun __ .._.. _ _ g E-mail Address b ca r N�s�►g q-d t-Ga"' Year Current Residence in Cape Girazdeau Began A�bvtt ►a g�o Current Employer a.nd Posirion_�S ��.�*►^^K�, 'C c� Previous Employers and Positions s c o�,c 4<< n.�s so��-� s�}c u N i w•s �*y - Re s��,.+- ��,�c fc�+-. G'��v�K A'SS�StK'r� 'p�✓-}-tln.t �,�bttJG+riJ' In which Board�s)are you interested? ��+va aoa-o �.�.t�o�+s co�Nc�►- , Go� F�o.N� �Fd v�sa{�( t?,c�u r� Special Oualifications for specific board(s)(include past board service) �c s�5�e v� For-� �55�f,+�.t G�4Y Mcnu..� w irK � V►tirrro �o'�c� ('on�.ti. .1 t*-1 �uv�cy - D-.t�+ a,�h�v r►s _Ft.�ra t 1i.c Po•�t i ul S t aN a o av l�v,wv,++� o� a cS t�•�c+t�nl y� _. __ . .. - �TCA'B. AJ l�jl�jOt�r`" 1p�I�!s P tG�IDcA lDO+'L'4S . . / , Vt�w�1 g��rrdii 1•� t�.-c. fv��c.�.wtCi- -- _. .._.__ .._..-- _ _ _.. Educational Back OUIlCi �r�5.�t��[- St�.1G-QI�V�pLtG (�,�,1/►�W�rMttar►f �p�j�.CSb��gspv,r I S'.K 1� , _ _. .. �_. . . _ . . � '1�• S • �,u �01-��tc'� S�leucQ � x�� C�tatPv,�,��..�,5 tt,) -.. Community.Activities(Include offices held and committee service) nu,,,,.� c�,,,,,,.�,c _ �oo,c.� -�o Co � �ro�3o��ct/� Meeting time(s)convenient for you: (Please check one in A and one in B) A. Weekly ✓ Monthly � Anytime ✓ B. Morning �/ Noon ►� Afternoon ✓ Evening_�Anytime`� By signing this document,you agree to serve and attend regularly. Three(3)consecutive absences,or four (4)absences in any twelve(12)consecutive months,will result in your position being automatically forfeited on the board/commission. Signed �,�.�---�_ Date �2/) �260 ,� ** Board Member Surnmary Sheets are valid for one year from the date that they aze signed. Return to the City Manager's O�ce,P.O.Bog 617,Cape Girardeau,MO 63702-0617. `�/ ' CITY OF CAPE GIRARDEAU, MISSOURI . BOARD MEMBER SUMMARY � ��e Tele hone: Da . � P Y_ o?/v .S��S Home Address . Evening ..3.3'J�—�3�� E-mai1 Address C/i'IC��s Cr'7�Dr rI � Year Current Residence in Cape Girardeau Began /�'+yJ' Current Employer and Position � ` � ' Pre 'ous Employers and Positi s , �i/f� � Or��,c�— /99� s�a�t�,�,t � , ��:e�� In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) � �i>-� -�=��r�J ' , . �iXJ C .lilili � � . �ducational Background F _ ' ,_ Communitv Activities (Include offices held and co ittee service) � — Meeting time(s)convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime� B. Morning Noon Afternoon Evening Anytime� By signing this document, you agree to serve and attend regularly. Three(3)consecutive absences, or four (4)absences in any twelve(12)consecutive months,will result in your position being automatically forfeited on the board/commission. , �igned Date .2Q�� - **Boazd M ber Summary Sheets are vali r one year from the date th they e signed. Return to the City Manager's Office,P.O. Box 617, Cape Girardeau,MO 63702-0617. CITY OF CAPE GIRARDEAU,NIISSOURI BOARD MElYIBER SUMMARY Name WILLIE J STI LER Telephone: Day 573-335-3051 � Home Address 210- s. �xov�.t s�ET #6 Evening�7 —443� '�19 E-mail Address WILLIE.STIGLER@NAVY.MIL Year Cwrent Residence in Cape Girardeau Began DECEh�ER 2001 Current Employer and Position II.S. NAVY, NRC CAEE `GIRARllEAII; "C�MMANDING O�FI�SR'"� Previous Employers and Positions II.S. NAVY, READINES COMMAND SOUTHEAST "REGIONAL TRAINING OFFICEB","BEGIONAL DIRECTOB OF MANPOWEA AND PESSONNEL" In which Board(s)are you interested? ('�T F CUIIRSE ADVIS08Y BQARD AI,�tPOgT BO�R� �ecial Qualifications for specific board(s) (include past board service) 1) AVID GOLFEB; PLAYER OF OVEB 75 COIIRSES WORLDWIDE 2) II S�' NAVY CAREER OF Tf�IENTY YEARS• SIIRFACE"�IABEF�BE QIIALIFICATION WHICH SPAN FBOM AIR SIIPERIORITY, CONTROL OF �.1;A7.ANFS ANn SIIR—SIIRFAC$ . . AWARNESS sERVED AS SECURITY OFFICER/MANAGL�R DIIRING C�RFEg Educational Background BAG�LOR oF sc1�cF ��tATIc,S.,: xbsT� nR scT�?xcF xnsrNusc MANAGEI4ENT ��./ Community Activiries(Include offices held and committee service) ��oss Bo�n rrn.t��, MF.�IBLR OF VFW Mee�g time(s)convenient for you: (Please check one in A and one in B) A. Weekly Monthly g Anytime B. Morning Noon g Afterno�n Evening g Anytime By signing this document,you agree to serve and attend regulazly. Three(3)consecutive absences,or four (4)absences in any twelve(12)consecutive montl�s,will result in your posirion being automatically forfeited on the board/commission. Signed Date 1�fA� 2�5� **Board Mem Summary Sheets valid for one year from the date that they are signed. � Return to the City Manager's OfBce,P.O.Boa 617,Cape Girardean,MO 63�02-0617. � � CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY �ame t�.0� !-� L7 �Q C.t�/L�MI R� Telephone: Day ._ S��- �'�`�'l', Home Address 3gOS (/�4 L� Ur� � l,An�� Evening 3�'�5-- y�9p E-mail Address (�cl A 1.7 l.�/L Dirt�,� e l�lA/� ��t � ��'"–; : . . Year Current Residence in Cape Girardeau Began ��-f'��` � ` � � Current Employer and Position ��E.,e �,�,�/� ,yt,�r�;,�� ;��,��!�'.�i�r � Previous Employers and Positions �p�- �,,;, ,��,, � ,��l�",� In which Board(s) are you interested? �oL� AD�i�� fl c� -- - ��►�J w G ,a.....D Z'�.r�iu,� �pin�lis'.r /O.v Special Oualifications for specific board(s) (include past board service)��.,L� ,[�,Q,p�� [/c�a2.r .�- �'��t,� 8.�,o P �� r ,�js,_.. D� �t�� -c.ccs'�.!' d �ducational Background �S ��,y �'o��al.�q�.� �, � � y;,�s ,L`�,��,, ,,��, �� v L�,9-,,� ,�� JzA'�-i�c.b." �l.G 1,v��/2�G6 _ v�- P Jl3L.;G e{ M��..-�S�, (a.., Communitv Activities(Include offices held and committee service) C-'�� 20�-�-( � C l�G�w��t. s� � l - �—��?�-��,� '��-►sH.`��r �o �o �a� �i�-r' 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 ��d D'D By signing this document;you•agree to serve and attend regularly. Three(3)consecutive absences,or four(4) absences in any twelve(12)consec�tive months,vaill result in your.position being automatically forfeited on the board%conimis ivn:, . . :. : ;, , , � _ �ied `�L�-`�Jc� ,�, ,S— � Date i **Boazd 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. i � CITY OF CAPE GIRARDEAU, MISSOURI � � BOARD MEMBE SUMMARY r � Name ' «� l� ( L �� /7'j�ERS'Telephone: Day �.�.�� 7iZ f� Home Address �„'�/ /Ud,Q��- ��,/',Q,Q� Evening ,�'��=Q'7�g E-mail Address rj�,/� : �"� �/S�� Year Current Residence in Cape Girazdeau Began f'' �,�'s�' Current Em lo er and Position � � � P Y LG�I y��II� �.4�1�/-�--t�/l!,e�2�(�'�� -�.��,'rr�y-- Previous Employers and Positions � ��' � � - Bl �� . ,(/ . �� T� In which Board�are you interested? � (. � � . �� fL �J_ Special Qualifications for specific boazd(s)(include pa.�t board service) , _----. .,,.��, r. - — � � r V � j /' i`l �/ ��:� ,Educational Back ound .� � _ ,.��'X� � , c � f - I Community Activities(Include offices held and committee service) Meeting time(s)convenient for you: (Please check one in A and one in B) A. Weekly Monthly � Anytime B. Moming 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) absenees in any twelve(12)F nsecutive months,will result in your position being automatically forfeited on the board/co 'ssi n. � �,. , ; , �� :�igned `, a l�lC,�="� , �� Date , **Boazd Member ummary Sheets aze valid for one yeaz from the date that ey e signed. Return to the City Manager's Office,P.O.Bo�617, Cape Girardeau,MO 63702-0617. i i r. . i 1 ,.. _ �. � � CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 234 Agenda July 18,2005 The Honorable Mayor and Members of the City Council City of Cape Girazdeau,Missouri Deaz Mayor and Council Members: RE: Preliminary Plat of Cape Rock Woods ' Rhodes Properties, LLC. has submitted a preliminary plat for Cape Rock Woods, which is located on the southeast corner of Cape Rock Drive and Lombazdo Drive. The preliminary plat is for residential condominium development under the existing R-2 zoning for the site. � The preliminary subdivision plat was approved by the Planning and Zoning Commission at their meeting on July 13, 2005. The vote to approve the plat was 8 in favor and none in opposition,with 1 abstention. In accordance with Section 25-40 of the City's Subdivision Ordinance, should the Council approve the preliminary plat, the Clerk should be directed to note the date of approval, sign and af�ix the City seal. The plat will then be returned to the developer who may then proceed with the preparation of improvement plans. Res tfully submitted, ent M. Bratton Director of Planning Services . L�� Doug as K. 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(Attach surveyor's legal description on CD in State Plane Coordinates) This application is for: l� Single-family residential ❑ Multi-family ❑ Non-residential C�f Preliminary Subdivision Plat ❑ Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) ❑ Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (Applicant will invoiced. Must be paid prior to P and Z meeting) One and Two Family Residential Multi Family Residential Commercial/Industrial 0 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 � 2oning Commission meeting held the 2nd Wednesday of each month(except holidays that are observed by the City). (b) The deadline for submittal of revisions necessary to meet State law and City ordinances, or desired by the developer is 1 week before the Planning&Zoning Commission meeting. (c) Any subdivision plat that requires corrections or for which required review fees have not been paid shall not be presented to the City Council for approval. APPLICANT(main contactl: OWNER(If Different): � Name: -l� ,r� Name: 1�ho�.�c p ��,��r�;e_c ��. Firm:�'L,•.,�d,�r �n s+r�c�l-tor� �l C• Firm: �dress: 30 • dress:�30! laorn rplA ��a :c�rc��v �Mo (,3'703 �a�.� ��rard.aa., /�'la !e t3�o ! Phone:�'73•332• 1� $Z Fax: 573•V51•o'Iyc.l Phone$?j•33Q•t3oo Fax: 5�3• 55/• oyyt,( E-mail:l��u 6��e.,td�c�[��s��c.�ra, 1�c• E-mail: cu+�^ PROFESSIONAL SURVEYOR/ENGINEER: DEVELOPER Name: 1 a QC � i �-•�- . Name: �'�od�S �ere.r�t�c S L.C. - Firm: Firm: dress: 313 �. "SaC..�Cso�n Address:��o� ?�(od�,C'[.Q1d '1"7 S - Phone: 7�5�(� -�iaFax:57.�Syy-l0175' PhoneS�;.339•t3o� Fax: ,�73•�05/�oU4� E-mail: E-mail: I, the undersigned, do hereby state that I have read and fully understand the provisions of this application and further, by my signature, I hereby agree to maintain compliance with the City of Cape Girardeau Subdivision Regulations and State statutes applicable to the subdivision of land and,that it is my responsibility to make certain that all deadlines are met so that formal action by the City unci 's not unnecessarily delayed. Signature of Applicant: Date: G /� �`� /J'/r�.l.rrw�aY��/�I'�w�r/.I'�s�s�nlAl�.4�.r��i.s/r/o�.�ill�,wr.rrs�s'�.w�rirrl�ql/�s�erisbWrrYsilr�.prr�r:riw�iV�AVr�.eYSYr�/�.I'�o�a�i.��r��o�s�rr��o�s�s�rrs�w�,r'�u►��./��irr��.r/aip�r�r�,I��i,r�.Irrr�►�O � �QR��.t��L.�F i � Ist��`� ;��C�i,�t�;��t,��'�QN$. i 'r t 4 � � 4 � -�.Y 3 f �� . S �` ,�/ �, Y-R '� , d.: . . � � 4 _ �% '� w.:Y' `u �4 S t . � . , i } f �/ � ��'�.'`� y�: Y �A#L�Td+�� tJ�M.� .� ��v�.': ...,.y+ ` .:� r � �: � �� - � ` ��"�`�m z � �i�€1k�k� �'�t�nr�� Uiti��} :i � ; � � , � f 3 � + ; •� . � ��'��" '� � .��G�ib�t'.'Se�rJ�� ' +�ll�dF1(�Slf�r��ye - •:: ��,�� . �, . �; �� `i �isirre�i.�rsiri�i�irirrriiiiiii,rri�ir.Y'ir�rirr,ri�irranii.r,mi�isWieririe+ravrr,arrrla+irivr�re.is�ri.ri.rrwr�ir,riririmrrrri.rlrirrriyi.ri,r�risr�rrr:rrwrrr.r�/ii.ri.Y�irrrir.rrirrririrr.rie•r�i,riii�i� � CITY OF CAPE GIRARDEAU Office of the City Manager Council Memorandum No. 58 Agenda: July 18, 2005 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri Subject: 2005 Fireworks Season Dear Mayor and Council Members: Beginning in 2004, the Sale and Discharge of Fireworks in the City of Cape Girardeau are permitted for the 8-day period of June 27`h through midnight July 4�'. Prior to 2004, Sale and Discharge were permitted for a 15-day period of June 27`�through midnight July 4tn 'The fire deparhnent reports that there were a total of six fireworks stands licensed within the City. This was five less than last year and the fewest in recent years. � During the 2005 8-day period that the Sale and Discharge of fireworks were permitted, the police department responded to 121 Requests for Service related to fireworks. During this period, 10 written complaints were made; a 5-year high. Nine individuals were arrested, summonsed or referred to juvenile authorities for violations related to fireworks. Of these nine individuals, three were juveniles(under 17 years of age)with the youngest being 15. The number of Requests for Service in 2005 dropped 20% when compared to 2004. For the period of June 27th through July 4�', the former fireworks season, the number of Requests for Service in 2005 was a 5-year low. The fire department responded to seven brush/tree fires related to fireworks. All were minor, but required the fire deparhnent to respond to extinguish those fires. In addition, there were three fireworks-related structure fires: Two porch fires and a shed. Damage was minor at all three locations. The two hospitals reported a total of four cases of burns from fireworks. All four were the result of hand-held discharge. One of these injures resulted in a second-degree burn. The police department will continue to receive Requests for Service regarding fireworks for weeks after the p�eriod ends for the Lawful Sale and Discharge. For the period of July 5`n through July lOt ,the police department received 54 fireworks-related calls. T'his is a 5-year high. � Most of the fireworks-related calls were in Zone 4 (45%) followed by Zone 2 (25.7%). Historically, most of the Requests for Service occur in Zone 4. � On July 4`h, police officers responding to a complaint of a fireworks violation were involved in a disturbance in the 400-block of South Hanover Street that included fireworks being discharged at officers. One police officer was assaulted and injured in that disturbance and a request of assistance from area agencies was made. The fire deparhnent reports that when responding to a fireworks-related fire in the 300-block of South Hanover,bottle rockets were being fired at them as they approached the scene. Due to inclement weather, the July 4th Liberty Fest Celebration in downtown Cape Girardeau was delayed this year for approximately 30 minutes. Normally, six police officers are assigned to work this special event. The total number of overtime hours worked by the police department in 2005 was 37.5 with a total overtime manpower cost of$970.30. Fire department overtime was $143.06. It should be noted that because of the disturbance on South Hanover Street, three police officers left their traffic posts prior to the conclusion of Liberty Fest. Both the fire and police department reported no incidents at this year's event. Attached to this memorandum is a 5-year comparison of police response to fireworks prepared by Patrol Commander Lieutenant Roger Fields. Respe S itted � ep en C. Stron^ C ef of Police �� Douglas K. Leslie City Manager � � Police Response to Fireworks A five year comparison The annual "Fourth of July" festivities inherently demand an increase of police response to fireworks related calls. The Cape Girardeau Police Department responds sporadically to fireworks violation reports through out the year. Calls to such violations dramatically increase however as the Fourth of July approaches and well after the holiday has passed. The following text compares the calls for service experienced by the Cape Girardeau Police Department over the past five years beginning with 2001 through the 2005 fireworks season. For the years 2001, 2002 and 2003, the lawful sale and discharge of fireworks consisted of a fifteen day time frame from June 20th through July fourth. � For the 2004 season, the sale and discharge of fireworks, through council action, was limited to eight days (June 27 through July 4). Other significant changes in the municipal ordinances concerning fireworks were also made. These changes were also in effect for the 2005 fireworks season. For the reported years comparisons, June 20 through July 4 are measured. The information compiled in this report was retrieved from the Cape Girardeau Police Department's Information Technology Incorporated (ITI) data collection system. Submitted by: Lt. Roger Fields Patrol Commander Cape Girardeau Police Department � � Five Year Com arison When comparing the first week of fireworks sales (June 20th-June 26th) from the years 2001, 2002 and 2003, and the same period of 2004 and 2005, the Police De- partment reports the following numbers of fireworks related incident calls: Year June 20-26 # of Reports 2005 21 Calls 4 2004 12 Calls 1 2003 87 Calls 5 2002 93 Calls 5 2001 54 Calls 1 � 100 80 60 40 20 0 2005 2004 2003 2002 2001 Number of Calls for Service and Reports by Year June 20th through June 26th Column One: Calls for Service Column Two: Number of Reports For this period the average fireworks related calls for 2001, 2002 and 2003 is 78. For 2004 and 2005, the average fireworks related incidents average 16.5 � � When comparing the second week of fireworks sales (June 27th - Midnight July 4th) from the years 2001, 2002 and 2003, and the same period 2004 and 2005, we report the following fireworks related calls: Year June 27-July 4 # of Reports 2005 121 Calls 10 2004 150 Calls 7 2003 97 Calls 5 2002 101 Calls 4 2001 98 Calls 5 � 160 :r 140 � � � � � _ ._ ._ . v . , �, ., ....�: . . 120 � �7 ��0 - ' 8� � 60 � 40 20 - �� ,. . . , � 0 2005 2004 2003 2002 2001 Number of Calls for Service and Reports by Year June 27th through July 4th Column One: Calls for Service Column Two: Number of Reports For this period the average fireworks related calls for 2001 through 2003 was 99 as compared to the average of 2004 and 2005 of 135.5 � � The Cape Girardeau Police Department, for patrol assignments, has divided the city into four patrol zones. The intersection of Independence and West End is re- ferred to as "the Middle". Zone One would encompass the geographical area North of Independence and West of West End Blvd. Zone Two is North and East. Zone Three is South of Independence and West of West End Blvd. and Zone Four is South and East. Zone One Zone Two � � � � y � z e r N C INDEPENDENCE Zone Three Zone Four f'"� ' � When plotting fireworks related calls for the five reported years, we find the following: �x v,. ��N ■Zone one ■Zone 1 ■Zone 2 ■Zone 2 O Zone 3 ❑Zone 3 O Aone 4 �. OZone 4 �-�,,, 2005 2004 Zone 1 22 Calls 13.5% Zone 1 26 Calls 18.5% Zone 2 30 Calls 18.5% Zone 2 36 Calls 25.7% Zone 3 16 Calls 9.8% Zone 3 15 Calls 10.7% Zone 4 94 Calls 58.0% Zone 4 63 Calls 45.0% Total 162 Calls Total 140 Calls ---� ■Zone 1 ■Zone 2 o Zone 3 � ❑Zone 4 2003 Zone 1 51 Calls 27.2% Zone 2 22 Calls 11.7% Zone 3 5 Calls 2.6% Zone 4 109 Calls 58.2% Total 187 Calls ■Zone 1 ■Zone 1 ■Zone 2 ■Zone 2 o Zone 3 O Zone 3 O Zone 4 0 Zone 4 2002 2001 Zone 1 37 Calls 18.9% Zone 1 34 Calls 23.7% Zone 2 26 Calls 13.3% Zone 2 26 Calls 20.2% Zone 3 13 Calls 6.6% Zone 3 9 Calls 6.2% � Zone 4 119 Calls 61.0% Zone 4 71 Calls 49.6% Total 195 Calls Total 143 Calls � Five Year Call Average by Zone ■Zone 1 ■Zone 2 O Zone 3 o Zone4 � Zone 1 20.36 % Zone 2 17.88 % Zone 3 7.8 % Zone 4 54.36 % Average Number of Calls: 165.4 � � In the week following the end of the lawful sale and discharge of fireworks, the police department continues to receive calls for service related to fireworks. Beginning with July Sth through July lOth, the following is the number of calls received by the deparhnent regarding fireworks calls for each of the reported years: 60 50 p�k �n 40 �_ � ;� � � , . �. :, , ,. �, � . �� 30 20 �. 10 0 2005 2004 2003 2002 2001 � ■Jul 5�lul 10 54 45 40 26 22 Obli�ated Time For 2005,measuring only those fireworks related calls between June 20th and July 4th, an officer, on average, was obligated to that call for 12.5 minutes. Using the average and the time frame listed above, officers of this department used approxi- mately 29.5 hours handling fireworks related calls during the time described. This formula does not take into account those calls for service requiring multiple officers, time spent writing required reports or time for Communicators receiving, entering and dispatching the calls for service. � t � CITY OF CAPE GIRARDEAU Office of the City Manager Council Memorandum No. 56 Agenda July 18,2005 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Ciry Council Election Procedures ' Dear Mayor and Council Members: Attached is a copy of a memo outlining the procedures for the City Council election in April, 2006. The City Council wards up for election are Wards 1, 2 and 6, as well as the Mayor position. Petitions will be made available in the City Manager's Office on Tuesday, September 27,2005. This information has been made available to the press so they may release it to the � community as a whole. If you have any questions,please do not hesitate to contact us. Respectfully submitted, � �/L �-�(�'7it�[1t Gayle L. Co ad City Clerk �2�� , , .,. Douglas K. Leslie � City Manager - • GLC:DKL:gc Attachment � � rt � MEMORANDUM NO. 2005-5 June 24, 2005 TO: Douglas K. Leslie, City Manager, Council Members, City Clerk FROM: W. Eric Cunningham, City Attorney SUBJECT: ELECTION PROCEDURES—CITY COUNCIL AND MAYORAL ELECTION Article VII of the City Charter sets forth the procedure for nominations and elections of Council Members and the Mayor. PETITION. Individuals wishing to become candidates for elective City office must first be nom�ated by petition. The City Council has, by ordinance, designated appropriate "nominating petitions" and "acceptance or nomination" forms. These forms are available in the City Clerk's Office. Nominating petitions must be signed by at least fifty (50) registered voters who are entitled to vote for the proposed candidate. In the case of Council Members, this means the petition signers must be registered voters of the City. No nominating petition shall be accepted by the City Clerk unless accompanied by � an acceptance of nomination signed by the candidate. FILING. T'he nominating petitions and acceptance of nomination forms must be filed with the City Clerk no earlier than the fifteenth (15th) Tuesday and not later than the eleventh(11�')Tuesday prior to the primary election date. The City Clerk shall notify the person filing the petition and the candidate whether or not the petition is sufficient. Candidates' names appear on the primary ballot in order of filing of nominating petitions certified sufficient. PRIMARY ELECTION. A primary election is held for Council Members if more than two (2) sufficient nominating petitions are filed from any one (1) ward. A primary election is held for Mayor if more than two (2) sufficient nominating petitions are received for that office. The City primary election, if required, is held on the first Tuesday after the first Monday in February in even numbered years. Under Section 115.125 RSMo, the City Clerk must give notice to the County Clerk of any election at least ten (10) weeks prior to the election. T'he names of the two (2) candidates receiving the highest number of votes for Council Member in each ward and the two (2) Mayoral candidates receiving the highest number of votes are placed on the general election ballot in th�order of total votes received by each. GENERAL ELECTION. The general election is held on the first Tuesday after the first Monday in April in each even numbered year. The City Council must canvass � � Douglas K. Leslie � Page Two June 24, 2005 the election returns and declare the results of the election at a special meeting to be held within one (1) week following the election. The candidates receiving the highest number of votes for each office sha11 be declared elected and sha11 be inducted into o�ce at that time. SCHEDULE FOR 2004 COUNCIL AND MAYORAL ELECTION October 25, 2005 Filing period opens November 22, 2005 Filing period closes November 29, 2005 Election notice to County Clerk for Primary Election, if needed January 24, 2006 Election notice to County � Clerk for General Election February 7, 2006 Primary Election, if needed Apri14, 2006 General Election April 11, 2006 Special meeting must be held by this date to induct new council members into office. WEC/111 � CITY OF CAPE GIRARDEAU Office of the City Manager � Council Memorandum No. 57 Agenda July 18, 2005 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: City Council Boards and Committees Dear Mayor and Council Members: At the June 20�' City Council Study Session, a request was made for a list of the Study Session and Special Sessions by the City Council over the past several years. Following is a listing of these meetings. 2004 January 13 Fire Tax Election January 26 Joint Meeting with City of Jackson February 5 Budget Review February 12 Budget Review � February 17 Joint Meeting with Vision 2020 Community Relations Council March 18 Route 74 Pedestrian Bridge Agreement March 26 City Council Retreat Apri19 Election Results Canvassed May 21 Joint Meeting with Ethics Commission June 4 Sears Agreement, Election Results Canvassed, City Council Tour August 10 Joint meeting with the Boazd of Education November 4 Election Results Canvassed November 8 Pay Plan Review November 29 Pay Plan Review 2005 January 24 Joint Meeting with City of Jackson February 17 Gapital Improvements Program Apri17 Canvass Election Results April 18 City Council Retreat May 11 Issue Bonds If you need additional information,please do not hesitate to contact us. Respectfully submitted, � ��" �$� � � Gayle L. onrad Do glas K Leslie City Clerk City Manager � Proceedings of the City Councii, City of Cape Girardeau, Mo. upR.:lar S@$$IDtI Jlt�.;S,.2U05 �5,g— � REGITLAR SESSION—July 5,2005 : The Cape Girardeau City Council convened in regular session on Tuesday, July 5, 2005, at 7:00 ,; p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Matthew � Hopkins, Marcia Ritter and Loretta Schneider present. Council Members Charlie Herbst and - - Debra Tracy were absent. " The invocation was presented by City Attorney Eric Cunningham, and the Pledge of Allegiance was recited. Prior to and after the regular session, the City Council convened in closed session for purposes of. discussing properly acquisition, litigation, confidential communications with the City Attorney, and personnel pursuant to RSMo. Section 610.021(1), (2)and (3)upon Mrs. Boazdman's motion, Mr. Hopkins' second the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter, and Schneider. Nays,none. The minutes of the June 20, 2005, regular and closed sessions were approved upon Mrs. Schneider's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson,Ritter and Schneider. Nays,none. The agerida was adopted upon Mrs. Boardman's motion, Mrs. Schneider's second, and the � following vote: Ayes,Boazdman,Hopkins,Knudtson,Ritter and Schneider. Nays,none. .•_ COUNCIL COMMUNICATIONS Mrs. Schneider commended Doug Austin and Tracey Glenn for their work on the anti-litter campaign. Mayor Knudtson announced that there will be a mural dedication ceremony this Thursday at noon on Water Sireet, and a dinner will be held that evening. Mayor Knudtson congratulated City Manager poug Leslie and the City Staff for getting Water Street done for the July 4�'celebration. Regarding the City's anti-litter campaign, Mayor Knudtson explained how he previously issued a challenge to have the City clean by July 4�', and this has been done. The goal now will be to continue the commitment to keep the City clean. Mrs. Schneider continued that if anyone sees people littering, they should report the littering through crime stoppers hotline. The violator will be sent a letter through the Police Department, and the person reporting the violarion will not have to sign a formal complaint. � � Mr. Hopkins stated there aze significant piles of cigarette butts and trash at Mt. Auburn and William, and he questioned whether MoDOT ever cleans this area. Mr. Leslie responded that.the city sweeps some state routes when they have time, and the state only has one sweeper for the whole district. Mayor Knudtson commended Old Town Cape for the success of Libertyfest. The coordinators of � Libertyfest presented the City with a plaque in appreciarion for its support of the event. Mayor Knudtson expressed concem with the activities occurring in the South Hanover area, specifically the incident that occurred on the 4"' of July. Police Chief Steve Strong reviewed.the events that occurred that evening and how the situarion was handled by the police officers. The r Proceedings of the City Council, City of Cape Girardeau, Mo, Session ,��os -�o-- council discussed the issue and expressed support for the Police Department and their efforts to take care of these types of problems. ,, � r Mayor Knudtson expressed concern that the bridge lights are out again due to a transformer � i' problem, and questioned what the city was doing to hold MoDOT responsible for keeping the � lights working. Mr.Leslie responded that the City will meet with MoDOT to discuss the problem, � Mrs. Schneider commended the Fire Depaztrnent for the open house to display all the new equipment from the Fire Tax. Fire Chief Rick Ennis explained that one ladder truck will be received in the fall, two pumper trucks in early 2006, and one pumper truck in the fall of 2006 to be placed at the new Fire Station No. 3 � CITY MANAGER'S COMMUNICATIONS Mr. Bruce Loy, Airport Manager gave a presentation on the Heroes and Legends Air Show to be held July 9-11,2005. In addition,he reported that in the fall semester,the Career and Technology Center will start an aviarion program for high school students, which will include five hours of basic flight trairiing. This program will be funded by the state. Chief Ennis reported on Fire Deparhnent activities over the July 4�` weekend, including the number of fire calls as result of fireworks. Chief Strong reported on Police Deparirnent responses for July 4'� as well, including the number of calls for fireworks. Mayor Knudtson stated that the new ordinances approved two years ago are making headway in reducing the number of calls. i� Mayor Knudtson asked city staff to present in the future any recommendations they have for changes in the fireworks ordinances.. Mr. Doug Austin appeazed on behalf of Vision 2020 and presented a plaque to Bill Dockins,Max Stovall, Sonny Minor and Joe Anders, recognizing the Kiwanis Club for their donation of an Outdoor Warning System to be placed in Kiwanis Park. PUBLIC HEARINGS This being the date set for a public hearing regazding the request of Dalhousie L.L.C. to rezone The Lochs Subdivision located on the southern end of the proposed development at the Dalhousie Golf Course to R-2, Single-Family Residenrial District, from an R-1, Single-Family Residential District,the hearing was opened.There being no appearances,this hearing was closed. BILL NO. OS-137 was given first reading as follows: f AN ORDINANCE AMENDING CHAPTER 30 OF TI� CODE OF ORDINANCES OF TI� CTTY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE SOUTHERN END OF TI-� PROPOSED DEVELOPMENT STTE AT DALHOUSIE GOLF COURSE,CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI FROM R-1 TO R-2 The first reading of BILL NO. OS-137 was approved upon Ms. Ritter's motion, Mrs. Schneider's second and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter � and Schneider. Nays,none. � Proceedings of the City Council, City of Cape Girardeau, Mo. Session dlll..G �� . .� �� APPEARANCES �` � Mr. Don Howard a eazed re ardin : ti last week. Mr. Howard stat d the epo curren es�aze a vi at nsof�ci ccurred over the _ should be a felony. He continued that the Council and the Police Departmen need to make a commitment to prevent violations or ban all fireworks to prevant property damage and bodily harm. Ms. Ritter requested that the final fireworks report from the Police Chief be divided up to show the number of incidents from individual quadrants or wazds. CONSENT ORDINANCES T'he following bills were given second and third readings. , . , BILL NO. OS-132 AN ORDINANCE ACCEPTING A GENERAL WARRANTy DEED FROM THE PLUNK FAMII;Y REVOCABLE LIVING TRUST AND RAYMOND SMITH FOR THE Il�ZpROVEMENT OF BROADWAY BETWEEN PERRY AVENUE AND HOUCK PLACE � � BILL NO. OS-138 AN ORDINANCE APPROVIl�TG THE RECORD PLAT OF DKR:9T� SUBDMSION BILL NO.OS-139 AN ORDINANCE APPROVING THE RECORD PLAT OF MELROSE PLACE VI BILL NO.OS-140 AN ORDINANCE APPROVING THE RECORD PLAT OF NORTH POINTE CENTER SECOND ADDITION BILL NO. OS-142 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMI�TITy AGREEMENT WITH CAPE GIltARDEAU PUBLIC SCHOOL DISTRICT NO. 63 AT BLANCHARD ELEMENTARY FOR CERTAIl�T IlVIPROVEMENTS, IN TI�CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. OS-143 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY REPEALING TI� STOP SIGN LOCATED ON WATER STREET . AT BROADWAY,IN THE CITY OF CAPE GIRARDEAU,MISSOURI ; BILL NO. OS-144 AN ORDINANCE AMENDII�iG SCHEDULE J OF SECTION 26-136 � -- OF THE CITY CODE BY MAKING WATER STREET A SOUTHBOUND ONE WAY STREET FROM BROADWAY TO INDEPENDENCE STREET, IN THE CITY OF CAPE GIItARDEAU, MISSOURI � BILL NO.OS-145 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY E5TABLISHING A NO PARKING ZONE ON THE WEST SIDE OF WATER STREET FROM BROADWAY TO INDEPENDENCE STREET, AND ESTABLISHIl�IG ANGLED PARKING STALLS ON TI� EAST SIDE OF WATER STREET � Proceedings of the City Councii, City of Cape Girardeau, Mo. Session�»..��zoo� -�- FROM BROADWAY TO INDEPENDENCE STREET, IN THE CTTY � OF CAPE GIItARDEAU,MISSOURI � � � �, BILL NO.OS-146 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 � � OF THE CITY CODE BY ESTABLISHING HANDICAP PARKING _ � ON A PORTION OF WATER STREET, IN THE CITY OF CAPE GIRARDEAU,MISSOURI BILL NO. OS-147 AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES, AND TRANSFERS FOR THE FISCAL YEAR ENDING JLJNE 30, 2005, IN TI� CITY OF CAPE GIlZARDEAU, MISSOURI BILL NO.OS-148 AN ORDINANCE ACCEPTING SAI�ITARY SEWER, LTTIL.ITY AND ACCESS EASEMENTS FROM NORTH POINTE CENfER, L.L.C., FOR THE SAI�TITARY SEWER TO SERVE NORTH POINTE CENTER FIRST ADDTTION SUBDIVISION, IN THE CTTY OF CAPE GIRARDEAU,MISSOURI Mr. HoplQns made a motion, seconded by Mrs. Schneider, to approve the second and third �„� readings of BILL NOs. OS-132,OS-138,OS-139,OS-140,OS-142,OS-143,OS-144,OS-145,OS-146, OS-147 and OS-148 and adopt the ordinances. Mr. Hopkins made a motion, seconded by Mrs. Boardman, to amended BILL NO. OS-147 to include the changes stated in City Council Letter number 227,relating to the amount for public works and public safety capital improvements. The amending motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Boazdman, Hopkins, Knudtson, Ritter and Schneider. Nays, none. BILL NO. OS-132 is ORDINANCE NO. 3511; BILL NO. OS-138 is ORDINANCE NO. 3512; BILL NO. OS-139 is ORDINANCE NO. 3513; BILL NO. OS-140 is ORDINANCE NO. 3514; BILL NO. OS-142 is ORDINANCE NO. 3515; BILL NO. OS-143 is ORDINANCE NO. 3516; BILL NO. OS-144 is ORDINANCE NO. 3517; BILL NO. OS-145 is ORDINANCE NO. 3518; BILL NO. OS-146 is ORDINANCE NO. 3519; BILL NO. OS-147 is ORDINANCE NO. 3520; BILL NO.OS-148 is ORDINANCE NO. 3521. NEW ORDINANCES BILL NO. OS-130 was given first reading as follows: ,- AN ORDINANCE AMENDING CHAPTER 6 OF THE CITY CODE RELATIl�IG TO ANIMALS The first reading of BILL NO. OS-130 was approved upon Mr.Hopkins' motion,Mrs. Schneider's second, and the following vote: Ayes, Boazdman, Hopkins, Knudtson, Ritter and Schneider. � ! Nays,none. BILL NO.OS-150 was given first reading as follows: � Proceedings of the City Council, City of Cape Girardeau, Mo. Session_ _r��s, aoos � � AN ORDINANCE APPROVING THE RECORD PLAT OF THE LOCHS AT DALHOUSIB- , . � AMENDED ` ! :. The first reading of BILL NO. OS-150 was approved upon Mrs.Boardman'sj�otion,Mr.Hopkins' ' g second and the following vote:Ayes,Boazdman,Hopkins,Knudtson,Ritter�nd Schneider. Nays, - ;: none. < t BILL NO. OS-151 was given first reading as follows: AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR A REMNAN'I' OF THE OLD MISSISSIPPI BRIDGE,IN THE CITY OF CAPE GIRARDEAU,MISSOURI The first reading of BILL NO. OS-151 was approved upon Mrs. Schneider's motion,Mr.Hopkins' second and the following vote: Ayes,Boardman,Hopkins,Knudtson,Ritter and Schneider. Nays, none. BILL NO. OS-155 was given first reading as follows: � AN ORDINANCE AUTHORIZING TI� MAYOR TO EXECUTE AN INTERGOVERNIv�NT'AI,COOPERATION AGREEMENT WITH THE CTIy OF JACKSON, � MISSOURI, TI� COUNTY OF CAPE GIIZARDEAU, MISSOURI AND TI� SOLJTHEAST MISSOURI UNIVERSITy FOUNDATION, FOR THE LASALLElEAST MA1N INTERCHANGE PROJECT, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. OS-155 was approved upon Ms. Ritter's motion, Mrs. Schneider's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider: Nays, none. Mayor Knudtson thanked the Council for trusting in him to participate in the negoriations on this project. BILL NO. OS-156 was given three readings as follows: AN ORDINANCE AUTHORIZING THE CITY OF CAPE GIRARDEAU, MISSOURI TO AMEND A PROMISSORY NOTE TO MONTGOMERY BANK The first, second and third readings of BII,L NO. OS-156 were and the ordinance adopted approved upon Mrs. Boardman's motion, Mrs. Schneider's second,and the following vote: Ayes, Boardman, Hopkins, Knudtson,Ritter and Schneider. Nays, none. Mr. John Richbourg, Finance Director, explained the purpose of the refinancing for the old Public Works site. City Attorney Eric Cunningham stated this meets the requirements for emergency reading. BILL NO. OS-156 is ORDINANCE NO. 3522. RESOLUTIONS � BILL NO.OS-152 was presented as follows: A RESOLUTION AUTHORIZING TI� CTTY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAFE HOUSE FOR WOMEN, INC., FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT pF SOCIAL SERVICES – DMSION OF FAMILY SERVICES � Proceedings of the City Council, City of Cape Girardeau, Mo. Session aui,�,Zoo� �6-4--- The reading of BII,L NO. OS-152 was approved and the resolution adopted upon Mrs. Schneider's motion, Mrs. Boardman's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, �i ;, Ritter and Schneider. Nays,none. BILL NO. OS-152 is RESOLUTION NO.2086. � ' BILL NO. OS-153 was presented as follows: _ � A RESOLUTION AUTHORiZING TI�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 FAMII..Y SERVICES The reading of BILL NO. OS-153 was approved and the resolution adopted upon Mrs. Schneider's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Ritter and Schneider. Nays,none. BILL NO. OS-153 is RESOLLJTION NO. 2087. BILL NO.OS-154 was presented as follows: A RESOLUTION AUTHORIZING TI� MAYOR TO ACCEPT A LOCAL RECORDS PRESERVATION GRANT FROM 'THE MISSOURI SECRETARY OF STATE, AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. OS-154 was approved and the resolution adopted upon Mrs. Schneider's � motion, Ms. Ritter's second, and the following vote: Ayes,Boardman,Hopldns,Knudtson,Ritter and Schneider. Nays, none. BILL NO. OS-154 is RESOLUTION NO. 2083. Mayor Knudtson commended staff for their expertise in writing and securing many grants for the City. OTHER Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the preliminary plat of Victorian Estates. Upon questioning by Mr. Hopkins, City Planner Kent Bratton explained that the realignment of Lombardo is included in the CIP for this fiscal year, and the engineering needs to be completed. Mr. Hopkins stated he wants to make this a priority. The motion was approved upon the following vote; Ayes,Boardman,Hopl�ns,Knudtson,Ritter and Schneider. Nays,none. Ms. Ritter made a motion, seconded by Mrs. Schneider, to accept into the City's system the sanitary sewer extension serving McLane Outlot No. 1, Sewer District No. 12 N-1-A, and to authorize the release of the escrow covering the improvements. This motion was approved upon the following vote: Ayes,Boardman,Hopkins,Knudtson,Ritter and Schneider. Nays,none. _ There being no further business,the City Council adjourned upon Mrs. Boardman's motion, Mrs. Schneider's second and the following vote: Ayes, Boazdman, Hopkins, Knudtson, Ritter and _ Schneider. Nays,none. Jay B.Knudtson Mayor �•+� Gayle L.Conrad,City Clerk 1 � BOARD OF ADJUSTMENT MINUTES CITY OF CAPE GIRARDEAU P. O. Box 617 Cape Girardeau, MO 63702-0617 June 3, 2005 ' To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Ladies and Gentlemen: The Board of Adjustment met on Thursday, June 2, 2005 with regular members Ivan Irvin, Daniel Little, Mark Buerck, and William Whitlock, and alternate members Edward Hart and George E. Peo present. Chairman ivan Irviri?,called the meeting to order at 7:00 P.M. ; � The minutes of the May 5, 2045 meeting were approved up motion by Dan Little, seconded by Edward Hart, and a unanimous voice vote. � Chairman Irvin stated the first hearing on the agenda was the request of Mark and Tia Fadler to construct a garage in the rear yard which occupies more than 30 percent of the required rear yard at 1449 Themis Street. Natosha Primer, Inspection Services, presented for the record a certified copy of the application to be considered and all attachments. Mark Fadler, property owner, appeared before the Board. Mr. Fadler stated that he wants to construct a garage on his property in order to have a secure place to put his cars and lawn equipment. He lives in an older neighborhood and has a small back yard. He has discovered that the garage he wants to build is going to take up more square footage in the rear yard than the ordinance allows. The total area of the actual garage area only takes up one third of the rear yard. Dan Little asked if the concrete footprint of the garage would be larger that where the existing gravel is on his property. Mr. Fadler stated that the concrete footprint is not larger than the existing gravel; a shed used to sit on the existing pad, and cars are parked in the graveled area. Mr. Fadler told the Board that the garage addition will not take up any more space in his back yard than the existing parking arrangement already is and believes the garage addition would improve the property. Chairman Irvin asked Robb McClary, Inspection Services Director, if he had any comments. Mr. McClary told the Board that his staff supports Mr. Fadler's request agrees that Mr. Fadler has limited space on his property to make improvements. Mr. McClary also stated that the project consists of more open space than enclosed space on the property, and he believes � his project keeps with the spirit and intent of the ordinance. t BOARD OF ADJUSTMENT MINUTES � June 2, 2005 Page 2 Dan Little made a motion to approve the variance, which was seconded by William Whitlock. The motion was approved upon the following vote: Irvin (R) Aye Little(R) Aye Buerck (R) Aye Whitlock(R) Aye Hart (A) Aye Peo (A) Aye Dan Little made a motion to adopt the findings of fact and conclusions, which was seconded by William Whitlock. The motion was approved upon the following vote: Irvin(R) Aye Little (R) Aye � Buerck (R) Aye Whitlock(R) Aye Hart(A) Aye Peo (A) Aye Chairman Irvin stated the next hearing on the agenda was the request of Seila Q. Kee to vary the fence regulations to construct a 4 or 5 foot high fence in the front yard and the secondary front yard of the property at 931 Jefferson Avenue. This request was tabled at the May 5, 2005 meeting to give the applicant time to submit a propsed fence design. Natosha Primer, Inspection Services, presented for the record a certified copy of the application to be considered and all attachments. Sheila Kee, property owner, appeared before the Board. Ms. Kee presented photos of the fence that she would like to place on her property. The fence selected has a scalloped top that measures 36 inches high at the lowest point and 42 inches high at the top of the posts. Dan Little stated that only 6 inches of the selected fence at the fence posts would have to be varied. Chairman Irvin asked Rob McClary, Inspection Service Director, if his department had any comments about this request for a variance. Mr. McClary stated that his staff would accept he selected fence design. Mr. McClary also informed the Board that a proposal has been submitted to increase the decorative fence height limit to 48 inches. � : BOARD OF ADJUSTMENT MINUTES � June 2, 2005 Page 3 Dan Little made a motion to approve the variance to construct a fence with a classic scallop top, similar in design and function as the photo submitted with the variance request application of the Lowes model #40037, not to exceed 42 inches at the posts. The motion was seconded by Mark Buerck, and approved upon the following vote: Irvin(R) Aye Little(R) Nay Buerck(R) Aye Whitlock(R) Aye Hart(A) Aye Peo (A) Aye Mark Buerck made a motion to adopt the findings of fact and conclusions, which was seconded by Dan Little. The motion was approved upon the following vote: � Irvin(R) Aye Little(R) Nay Buerck(R) Aye Whitlock(R) Aye Hart(A) Aye Peo (A) Aye Mr. Little moved, and Mr. Hart seconded, to adjourn. The motion carried by voice vote. Respectfully submitted, '�� .��L��%�u%�- Mark Buerck Secretary Present: Irvin, Little, Buerck, Whitlock—Alternates: Hart, Peo � Absent: Alternate: Hinton R � BOARD OF ADJUSTMENT MINUTES CITY OF CAPE GIRARDEAU P. O. Box 617 Cape Girardeau,MO 63702-0617 � � July 8, 2005 �� To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Ladies and Gentlemen: The Board of Adjustment met on Thursday, July 7, 2005 with regular members Ivan Irvin, Daniel Little, Mark Buerck, and William Whitlock, and alternate members Edward Hart, Dave Hinton, and Larry Caldwell present. Chairman ivan Irvin called the meeting to order at 7:00 P.M. The minutes of the June 2, 2005 meeting were approved up motion by Dan Little, seconded by Edward Hart, and a unanimous voice vote. � Chairtnan Irvin stated the first hearing on the agenda was the request of Target Corporation to reduce the number of required parking spaces to 486 spaces in conjunction with a proposed expansion of the facility at 202 Siemers Drive. Natosha Primer, Inspection Services, presented for the record a certified copy of the application to be considered and all attachments. Jason Combs, Woolpert, Inc. appeared before the Board. Mr. Combs stated that Target is proposing an 11,000 square foot expansion project to add a phaimacy to the existing facility. The addition would eliminate only 26 spaces from the existing parking arrangement. The spaces that would be eliminated are in an area of the parking lot that is rarely used. Chairman Irvin asked Robb McClary, Inspection Services Director, if he had any comments. Mr. McClary told the Board that his staff has no objection to Target's request and it is apparent that Target has very limited space for expansion due the location of the existing facility on the lot. Mr. McClary also stated that he believes that the ordinance is set up to insure reasonable accommodations for the customers, but he is confident that Target is aware of how much parking space they need. � � BOARD OF ADJUSTMENT MINUTES � July 7, 2005 Page 2 Dan Little made a motion to approve the variance, which was seconded by William Whitlock. The motion was approved upon the following vote: Irvin(R) Aye Little (R) Aye Buerck(R) Aye Whitlock(R) Aye Hart(A) Aye Hinton(A) Aye Caldwell (A) Aye Mark Buerck made a motion to adopt the findings of fact and conclusions, which was seconded by Edward Hart. The motion was approved upon the following vote: Irvin(R) Aye � Little (R) Aye Buerck(R) Aye Whitlock(R) Aye Hart(A) Aye Hinton(A) Aye Caldwell (A) Aye Mr. Buerck moved, and Mr. Caldwell seconded, to adjourn. The motion carried by voice vote. Respectfully submitted, Mark Buerck Secretary Present: Irvin, Little, Buerck, Whitlock—Alternates: Hart, Hinton, Caldwell � Absent: Peo (R) � r � MINUTES BOARD OF APPEALS City of Cape Girardeau P.O. Box 617 Cape Girardeau, Missouri 63702-0617 May 19, 2005 The Board of Appeals met on Thursday, May 19, 2005 at 7:00 p.m. for a Special Meeting in the Council Chambers, City Hall, 401 Independence Street. Members Present: Dave Alberson, Dave Pfeiffer, Joe Burton, Paul Grebe, Tony Sebek and Mike Annis (alternate) Members Absent: Farris Nabors and Tom Phillips (alternate). The meeting was called to order at 7:00 p.m. by Chairman Dave Alberson and the roll was � called. Motion was made by Dave Pfeiffer to accept the minutes from the April 14, 2005 meeting; Tony Sebek seconded the motion. The motion passed 6-0 in favor. Appeals Request: 1. An appeal request by First Baptist Church, at 1289 Lexington Avenue, for a variance from Section 1003 "General Means of Egress" and Subsection 1003.3.3 "S tairways" of the 2000 International Building Code, for the mezzanine. Robert S. McClary, Director of Inspection Services, entered the following documents into the record: Application of First Baptist Church, 2000 International Building Code and the 2000 International Fire Code. Chairman Dave Alberson opened the meeting to review the request of First Baptist Church to vary the 2000 International Building Code, Section 1003 and Subsection 1003.3.3. The request would allow the removal of a stairway to the organ chamber � and substitute a folding stairway be used for the maintenance of the pipe organ. � t BOARD OF APPEALS � MINUTES May 19, 2005 Page 2 Dewayne Mabrey, Penzel Construction, the project contractor was present to give the board the information about the appeal request from Section 1003 and Subsection 1003.3.3. Mr. Mabrey said the building plans shows the organ chamber being located behind the baptismal and the access being between these two rooms, but the access had to be removed to accommodate the organ. The access stairs would have to be moved to a dressing room, which would make the room un-useable. They would like to use the disappearing stairs so the room could still be used and still make it accessible to the organ chamber for maintenance on the organ pipes. Robb McClary, Inspection Services Director and Fire Marshal, Mike Morgan was asked by the board if either department had any concerns or comments to the variance appeal requested by First Baptist Church. Mr. McClary and Fire Marshal Morgan had no objections to the appeal request, if it was used for maintenance only and no one would occupy the space on a regular basis. Mr. Mabrey assured the board and the Fire Marshal it would only be occupied when a maintenance person worked on the organ. Tony Sebek made a motion to approve the appeal request and grant the variance from the 1� original plans. Paul Grebe seconded the motion, motion passed 6-0 in favor. Discussion of the 2003 International Property Maintenance Code. Rebecca Figliolo, Code Inspector, presented to the board the proposed changes to the 2003 International Property Maintenance Code. Section 101.1 is changed for administrative and reflects the changes made in the amendments for the 2003 International Property Maintenance Code. Section 103.2 is amended to add the City of Cape Girardeau in the code. Section 103.5 is amended to repeal the fees. Section 106.4 is amended to reflect the present violation section in the present Property Maintenance Code. Section 107.1 is amended to delete notices for condemnation procedures, the condemnations are processed in Planning Services and therefore it does not apply to the Property Maintenance Code. Section 107.2 (6) is amended because we do not issue liens. Section 110 is amended because it falls with condemnation in the City Code of � . Ordinances. � � BOARD OF APPEALS MINUTES May 19, 2005 Page 3 Sections 111.2 - 11.2.1 - 111.4 - 111.6 - 111.7 is amended to reflect the 2003 International Building Code. Sections 302.4 and 302.8 are amended because the Police department is taking the complaints about weeds and motor vehicles. Section 304.2 is amended to give the code more details about the condition of the exteriors; it will just read that the exteriors should be protected. The present code is very limited in the amount of peeling and chipping paint is present before the Property Maintenance Code affects the property. Section [F] 304.3 is amended to add the size of 6" address numbers for commercial buildings and 4" for residential. Section 304.14 is amended to delete the dates insect screens are required. In the previous code we did have certain dates for requirement; staff is asking the board to remove this requirement. The exemption for this section will remain as written. Robb McClary expressed to the board that the present Property Maintenance Code no longer conforms to the reference codes and this is why the staff feels this needs to be � updated along with the current codes. This updated code will also help with the overcrowding complaints we receive, it will calcute the number of persons who can occupy the square footage in a dwelling. When the City Zoning ordinance is unapproiate we can use the 2003 International Property Maintenance Code. Tony Sebek made a motion to adopt the 2003 International Property Maintenance Code and the proposed amendments. Joe Burton seconded the motion; the motion passed 6-0 in favor. Discussion of the 2003 International Existing Building Code. Rebecca Figliolo, Code Inspector, presented to the board the proposed changes to the 2003 International Existing Building Code. This Code references the 2003 International Property Maintenance Code, 2003 International Fire Code and the 2003 International Building Code. Section 101.1 is amended to reflect the City of Cape Girardeau in the code. Section 103.2 is amended to read the City Manager appoints the code official. Section 105.1.1 - 105.1.2 - 108.6 annual permits and refunds are repealed Section 112.1 is amended to allow any appeals to go before the Board of Appeals instead of establishing a new board for the Existing Building Code. � BOARD OF APPEALS � MINUTES May 12, 2005 Page 4 Section 112.3 is amended to reflect the building code pertaining to the members of the Board of Appeals. Section 1201.2 deals with applicability, structures in existence at the time of the code will not have to conform to the change of occupancy. Adopt Appendix A, Appendix B and Resource A these sections take up about half or more of the codebook. These deals with calculations, tables and diagrams. Appendix A Chapter A3, Section A301.2 is amended to reflect the amendments in the 2003 International Residential Code; the city has removed the requirements for seismic from the code. But the staff feels this should not be deleted from the code completely incase someone would like to build according to seismic design. Tony Sebek made a motion to adopt the 2003 International Existing Building Code and the proposed amendments. Joe Burton seconded the motion; the motion passed 6-0 in favor. OTHER BUSINESS: � Robb McClary discussed with the board upcoming public hearing for the 2003 International Codes, in the proposed schedule for the code review the public hearing was scheduled for June. But the regular scheduled June meeting is the 9�', Mr. McClary feels this date would not give staff enough time to mail newsletters and prepare the changes to the ordinance. Mr. McClary suggested to the board the public hearing could be held at the regular July meeting or the board could hold the public hearing on June 30, 2005. The board agreed the public hearing should be held on June 30, as a special meeting at 7:00 p.m. in the Council Chambers. If we should have any appeal applications they could be heard at the regular scheduled June meeting which would be June 9�'. The recommendations from the board and the city staff to the council will be presented to them on Tuesday, July 5`� and the seconded and third readings could still be presented to the council for the July 18th meeting. Mr. McClary also discussed with the board the possibility of changing the time of the monthly meetings for the Board of Appeals. He suggested the meetings could be held at 5:30 p.m. instead of 7:00 p.m. each month. If the board would find another time more convenient he would like to discuss the different times. Some members agreed this time could be set for the regular meeting time, but the board will discuss this issue at its next meeting. � s � BOARD OF APPEALS MINUTES May 12, 2005 Page 5 Mr. McClary presented to the board the problems the staff is encountering with the definition of a sleeping room. Some builders are submitting plans with rooms partitioned off in the basement with a full bathroom between the rooms which has been labeled storage rooms. Even though the rooms have not been partitioned with closets, it would be very easy for these rooms to be converted into bedrooms without the required emergency egress. Mr. McClary would like to change the definition of a sleeping room, to any rooms in a basement without a closet and over 70 square feet with a full bathroom within 20 feet, would be considered a sleeping room. Dave Alberson suggested we require two exits from the basement no matter what the area will be used for. Tony Sebek suggested the board think about this recommendation presented by Mr. McClary and discuss the changes to the definition of a sleeping roorn at another meeting. Mr. McClary reported to the board that an advisory team meeting will be convening in the near future. The Board of Appeals has certain qualifications for board members, we are limited to two professionals from each required discipline, the fire engineer requirement has never been filled and there are no fire engineers in this area. There has been a suggested that � the number of board members be reduced to help with the problems of attendance and quorums. Mr. McClary will take to the Advisory team the suggestion of reducing the size of the board and the qualifications for the board members. Being there was no other business at this time; a motion was made to adjourn. The meeting adjourned at 8:00 p.m. The next meeting of the Board of Appeals is scheduled for June 9, 2005. Respectfully Submitted, Paul Grebe Secretary � R � (DRAFT) � CITY OF CAPE GIRARDEAU PARKS AND RECREATION ADVISORY BOARD June 13,2005 The Cape Girardeau Parks and Recreation Advisory Board met for their regular meeting on June 13,2005 at City Hall Council Chambers at 5:30 p.m. Board Members Present: Staff Rocky Hayes, Chairman Dan Muser, Director of Parks&Recreation Jeff Glenn,Vice-Chairman Marcia Stone,Administrative Assistant/Recording Secretary Rick Fehr, Secretary Pat Elfrink,Board Member Danny Essner,Board Member Lori Lynn,Board Member Bruce Utley,Board Member Bill Kiel,Board Member Scott Blank,Board Member Mike Keefe,Board Member Board Members Absent: Guest: Dana Deisher,Board Member APPROVAL OF MINUTES Chairman Rocky Hayes requested the approval of the May 9,2005 minutes. Rick Fehr made a motion, seconded by Lari Lynn to approve the minutes as mailed. Motion passed. � OLD BUSINESS A. Capaha Press Box Director Muser reported that the park division staff is continuing the construction of the press box at Capaha Park. B. Kiwanis Park The Perryville Road hillside at Kiwanis Park is being cut down as part of the sidewalk project. The lower slope will make it easier for the staff to maintain and a portion of the excess dirt is being used as fill for other areas of the sidewalk projects. Directar Muser will be meeting with the Kiwanis representatives in the future. Dan will relay the information to the board members when it is available. The Kiwanis Club members have indicated that they would like to purchase an emergency warning siren for Kiwanis Park. NEW BUSINESS A. Park Tour Itinerary The park tour itinerary for August 8`h meeting was distributed to the board members. Director Muser reviewed areas of the tour and asked that the board members to make any additional request prior to the August tour. � Lori Lynn suggested including touring the pump room at Capaha Municipal Pool. � PARKS AND RECREATION ADVISORY BOARD JUNE 13,2005 � PAGE 2 B. Central Municipal Pool's 25`h Anniversary Director Muser informed the members that the Parks and Recreation Department and the Public Schools are hosting a celebration for Central Municipal Pool's 25`�Anniversary. There will be free admission all day. There will be free hot dogs served between 11:00 and 12:00 and games provided throughout the day. Glenn Reeves and his wife, as past supporters of the Cape S��im Team were imroh�ed in the inaueuration of the opening of the pool in 1980. Glenn volunteered to make the arrangements for the evening reception. Invitations have been sent to past and present City Council Members,Park Board, School Board and staff members that were or presently involved in the pool operations. C. Cary Flanagan Dedication The Parks and Recreation Department has tentatively scheduled ceremony in memory of Cary Flanagan on August 13,2005 at Shawnee Park Sports Complex at 10 a.m. There will be a letter forthcoming requesting funds for a plaque and an invitation to the ceremony. The event will continue that day with a softball tournament. Other Business Rocky Hayes complimented Kaed Horrell and his staff on their extreme efforts demonstrated at a recent tournament that could have been rained out if it hadn't been for their determination on making the fields playable. � There being no further business the meeting was adjourned with a motion from Lori Lynn and seconded by Bill Kiel. Motion passed. The next meetin�will be held on Monday,August 8,2005. Respectfully submitted, Rick Fehr, Secretary � � : r (DRAFT) CITY OF CAPE GIRARDEAU � PARKS AND RECREATION ADVISORY BOARD May 9,2005 The Cape Girardeau Parks and Recreation Advisory Board met for their regular meeting on May 9, 2005 at City Hall Council Chambers at 5:30 p.m. Board Members Present: Staff Rocky Hayes, Chairman Dan Muser,Director of Parks&Recreation Jeff Glenn,Vice-Chairman Brock Davis,Park Division Manager Rick Fehr, Secretary Scott Williams,Recreation Division Manager Yat Elfrink,Board Member Marcia Stone,Administrative Assistant/Recording Secretary Danny Essner,Board Member Lori Lynn,Board Member Dana Deisher,Board Member Bruce Utley,Board Member Bill Kiel,Board Member Scott Blank,Board Member Mike Keefe,Board Member Board Members Absent: Guest: APPROVAL OF MINUTES Chairman Rocky Hayes requested the approval of the April 11,2005 minutes. Dana Deisher made a motion,seconded by Lori Lynn to approve the minutes as mailed. Motion passed. � OLD BUSINESS A. Capaha Press Box Director Muser reparted that the park division staff continues to work on the press box. He invited the board members to drive by to view the structure. B. Evening Optimist Shelter The plans have been submitted for the second picnic shelter in Arena Park to be donated by the Evening Optimist Club. The project is cunently on hold due to the chairman of the project is ill. C. Cape Youth Baseball Association Director Muser reported that the water, electric installation and concession repair for the CapeYouth Baseball Association has been completed by the staff at Arena and Capaha Parks. NEW BUSINESS A. Summer Meeting Schedule Motion made by Jeff Glenn and seconded by Mike Keefe to not have a meeting in July due to numerous vacations and summer activities. Motion passed. � 'v � PARKS AND RECREATION ADVISORY BOARD MAY 9,2005 � PAGE 2 B. Annual Park Tour Motion made by Rocky Hayes and seconded by Jeff Glenn to hold the annual park tour on August 8, 2005 at 5:00 p.m. instead of 5:30 p.m. REPORTS Directar Muser reviewed several new articles in the program guide with the board members: The memorial for Cary Flanagan,Public Warks one free special trash pickup and the anti litter campaign,temporary pool requirement awareness,Yard of the Month information and nomination form and the Red House Ball. The two new programs this year are the Doggy Swim Day at Capaha Pool on the pool closing date of September 10, 2005 and a new junior high volleyball division. Central Municipal Pool will be celebrating the 25`�year of operations on June 18,2005. There will be a designated time far free swim for the public and a private gathering for past and present board members, city council members,school board members and Gator Swim team members. Glenn Reeves has volunteered to work with the staff on the celebration. The staff is looking for donations for food for the public during the event. Director Muser reported that there was a minor fire in the restroom at Kiwanis Park. A towel dispenser melted as a result of an arson attempt. � Mr.Muser announced that there will be a ribbon cutting ceremony for the emergency siren donated by the Southeast Missouri District Fair Association at 9:15 a.m, on Tuesday,May 10,2005 near the Park Division Maintenance Building in Arena Park. The city is looking for other organizations that would like to donate additional sirens. There being no further business the meeting was adjourned with a motion from Jeff Glenn and seconded by Bill KieL Motion passed. The next meeting will be held on Monday, June 13,2005. Respectfully submitted, Rick Fehr, Secretary � r (DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING � June 26,2005 The Cape Girardeau Municipal Golf Course Advisory Board met at the Jaycee Municipal Golf Course on Thursday,June 23, 2005 at 12 noon. Present: Staff Present Charles Heady, Chairman Dan Muser,Director of Parks&Recreation Jack Watts, Secretary Jason Karnes,Pro Shop Manager Kenneth Bramlett,Board Member Randy Lueder, Golf Supervisor Mike Leimer,Board Member Marcia Stone,Executive Assistant Jackic AI�[�iis,�uar�l ivicii,licr Charles Wagoner,Board Member James Banken,Board Member Absent: Michael Seabaugh,Board Member APPROVAL OF MINUTES Chairman Heady requested the approval of the May 26,2005 minutes with the correction that he was absent, not present. Charles Wagoner made a motion to accept the minutes. Mike Leimer seconded the motion. Motion passed. OLD BUSINESS A. 2005 Tournaments � The board members requested a copy of the 2005 Golf Tournaments. B. Trail Fee Jason Karnes reported that we have sold two trail fee passes. REPORTS A. Policies and Procedures No reports B. Planning and Development Board members stated that the#1 hole is looking great. Director Muser reported that the golf course is going to have to put a stop to the encroachment that has been going on and potential of increased encroachment with the new subdivision under development. He recommended a fence similar to the Fox Run Golf Course at House Springs. Jackie Ahrens made a motion, seconded by Mike Leimer that the staff proceed with plans to erect a fence,budget permitting and post no trespassing signs wherever the staff thinks necessary to keep people from encroaching. Motion passed. C. Advertising and Promotions � No report. r Golf Course Advisory Board June 23,2005 � Page 2 D. Golf Course Improvements Randy Lueder reported that since the�construction has begun on#1 tee he believes that the ladies tee can stay in its original location. He would probably like to raise it up. The board members consensus was to leave the ladies tee box at iYs original location if it works out better for Randy after all the dirt has been moved. ilanuy reporied uia�+�i4 tez box is startiug to take lioi�l an�l lookiti��ood. Board members reported that aeration is needed on#14 and#17. E. SEMO CUP Jack Watts reported that the three or four golf courses that do not have pros this year could still play in the SEMO Cup. The first qualifier will be the Men's Individual Tournament on July 23 or 24`h. Jack Watts and James Banken will get with Jason on the remaining qualifier dates. The qualifier is open to anyone that has a pass. An informational letter will be distributed within the next ten days. Other Business James Banken commended Jason Karnes on his well-organized tournament. Jason also presented an excellent program evaluation on his first run tournament to the board members. � A list of board applicants was distributed to the board members. Members will personally make their recommendations to the city council. The scorecard advertisement will be reviewed at the next meeting. There being no further business, the meeting was adjourned with motion from Jackie Ahrens and second from Jack Watts. Motion passed. The next board meeting will be held on July 28,2005 at the Osage Community Centre. Respectfully submitted, Jack Watts Secretary � � � � (DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING /�, May 26,2005 �� a The Cape Girardeau Municipal Golf Course Advisory Board met at the Jaycee Municipal Golf Course on Thursday, May 26, 2005 at 12 noon. Present: Staff Present Jack Watts, Secretary Dan Muser,Director of Parks&Recreation Michael Seabaugh,Board Member 7ason Karnes,Pro Shop Manager Mike Leimer, Board Member Randy Lueder,Golf Supervisor Jackie Ahrens,Board Member Marcia Stone,Executive Assistant Cl�ari�s�v agoner,i3uar�1 Meir►ber Kenneth Bramlett,Board Member James Banken,Board Member Absent Charles Heady,Chairman Lance Gragg,Vice Chairman APPROVAL OF MINUTES Chairman Heady requested the approval of the Apri128,2005 minutes. Mike Leimer made a motion to accept the minutes. Jackie Ahrens seconded t1�e motion. Motion passed. OLD BUSINESS A. New Adjoining Property Owner � Mr.Rademaker will be purchasing the"Twenty Players Pass for the 20 owners on his new subdivision when he � is ready. B. 2005 Golf Tournaments Pro Shop Manager Jason Kaines presented a list of all the mini tournaments and city sponsored tournaments that are scheduled for the remainder of the year(List attached). REPORTS A. Policies and Procedures Mike Leimer reported that the Policy and Procedures Committee met on ideas for an annual private trail fee. The committee recommended a"Twenty Trail Fee Pass"for$150.00. Card could be shared with other cart owners and for every card purchased there is a$10 savings. It would be a punch card good for the current calendar year only. Mike Leimer made a motion, seconded by Charles Wagner to approve the annual private trail fee pass as presented. Motion passed. The pass will be available at the golf course and the A. C. Brase Arena. B. Planning and Development No report. � C. Advertising and Promotions Heartland Destination had a nice article on the Jaycee Municipal Golf Course in their recent spring publication. The course was listed in area tournaments in today's Southeast Mrssourion and an article on Golf Course Man�;�er.fason Karnes �ras in Monday's issue of the loc�l ne�a�spaper. � Golf Course Advisory Board May 26,2005 Page 2 � D. Golf Course Improvements Randy will rope off the soft area by the dam where there are visible tire tracks. The Cape Girardeau Jaycees recently painted the front of the pro shop, yardage markers on the cart path and scrubbed off the granite stones for"Friends of the Parks"Day. Mike Leimer suggested that we keep a list of 2-2 '/�hour projects that the Jaycees can work on quarterly. �.. �L'1Vl ll t,�/Y Kenny Bramlett reported that information is being gathered from Sikeston and Dalhousie Golf Courses on who is in or out of the SEMO Cup. Dexter,Bent Creek,Cape Jaycee Municipal and Kimbeland have shown interest but they do not have a pro. There may be a decision by the end of June if a designee can fill the slot of pro. James Banken,Jack Watts and Jason Karnes will meet to set up the qualifier format contingent on the SEMO Cup's decision. Kenny Bramlett suggested an entry fee for the qualifier tournament for finalist's shirts. Other Business Randy Lueder reported that they have been having sprinkler problems since a recent lightning storm. The sprinklers have been coming on sporadically. He noted that the irrigation system is over 20 years old and the � staff is repairing the problem areas as they arise. The board visited the#1 tee to make their recommendations for a new tee design. Golf Supervisor Randy Lueder presented several designs for the board's review. Kenny Bramlett made a motion, seconded by James Banken to use the kidney shape, one level design for the new#1 tee box. The new tee box will be large enough to include the ladies tee off the front. The existing ladies tee would be eliminated. Motion passed. The maintenance staff will begin on the#1 tee mid June. There being no further business,the meeting was adjourned with motion from James Banken and second from Charles Wagner. Motion passed. The next board meeting will be held on June 23, 2005 at the A. C.Brase Arena Fairboard Conference Room. Respectfully submitted, Jack Watts Secretary � Public Information Office DRAFT Public Awareness Advisory Council Meeting � June 20, 2005 MINUTES Present: Council member Marcia Ritter, Chairman Council member Matt Hopkins Council member Charlie Herbst Doug Leslie, City Manager Tracey Glenn, Public Information Officer Heather Brooks, Assistant to the City Manager Absent: Melvin Gateley, Ex-officio Call to Order- The meeting was called to order by Chairman Marcia Ritter. Approval of Minutes — Mr. Herbst made a motion to approve the minutes of the May 16, 2005 meeting. Ms. Brooks seconded and the motion passed unanimously. Staff Report Old Business — • Ms. Glenn reported on the status of the Anti-Litter Campaign � • Ms. Glenn updated the committee on that status of the website redesign New Business — • Ms. Glenn reported information regarding the TTF 3 presentations • Ms. Glenn distributed the Channel 5 programming calendar • Ms. Glenn updated the committee on the status of the Bicentennial committee � Ms. Glenn reported information regarding the upcoming Mural dedication ceremony and related events Other Mr. Leslie reported that Commercial Street would be ready to open by the end of July. Ms. Brooks reported that she would be attending the All America City Awards presentations in Atlanta. The next meeting was set for Monday, July 18, 2005, at 4:15 p.m. Mr. Herbst made a motion to adjourn, with a second by Ms. Brooks. � (DRAFT) CITY OF CAPE GIRARDEAU TREE ADVISORY BOARD MEETING June 13,2005 � The City of Cape Girardeau Tree Board held their regular scheduled meeting on June 13,2005 at 12:00 p.m. at the Osage Community Centre. Present: Tom Harold,Chairman Dan Muser,Parks&Recr. Director/Member Rocky Hayes, Vice-Chairman Tim Gramling,Public Works Director Guest Present: Absent: Staff Present: John Layton,Board Member Marcia Stone,Recording Secretary MINUTES Chairman Tom Harold opened the meeting requesting approval of the April 1, 2005 minutes. Rocky Hayes made a motion,seconded by Dan Muser to approve the minutes. Motion passed. OLD BUSINESS A. Tree Issues The Tree Board recommended retaining the tree on 204 Kingsway. However,the residents wanted to change the location of the cul-de-sac and the tree will need to be removed. Tim Gramling reported that more tree issues would need to be addressed after the bid is awarded to the new contractor for the sidewalk projects. The boazd members will be contacted if they need to meet prior to the next meeting in August. � Tim added that on Broadway in front of Capaha Park to Perry Road and Broadway in front of Clark Street, there would be more street work in the future. Tom Harold mentioned a tree at the intersection of Broadway and Caruthers and a tree on Broadway in Capaha Park that possibly may have some decaying that the members might want to look at. Tom Harold remarked that his wife commented on how nice Marie Street looks with the older trees that the board recommended keeping. B. Ordinance Review The board members further discussed how much space that they are going to require for h•ees. Issues need to be addressed on green space for future development. Rocky Hayes suggested that we might want to check on the requirements from Tree City USA before we establish any changes. The members discussed planting trees on the property owner's side of sidewalk and the problems that could arise if this is their decision. OTHER BUSINESS There being no further business,Rocky Hayes made a motion to adjourn. Tim Gramling seconded the motion. Motion passed. � Respectfully submitted, Marcia Stone,Recording Secretary