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HomeMy WebLinkAboutCouncil.Agenda. 02-17-2009.Regular � th e ruar � � . a e irar eau � . . issourl � CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda � Tuesday, February 17, 2009 7:00 p.m. Invocation—Rev. Scott Moon, Grace United Methodist Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes February 2, 2009, 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. � Public Hearin�s 3. A public hearing regarding the proposed capital Improvements Program for Fiscal Years 2009-2014. Letter No. 09-35 Action Appearances 4. Appearances before the Council on items listed on the agenda. 5. Appearances before the Council on items not listed on the agenda. Consent Ordinances 6. BILL NO. 09-28, an Ordinance granting a special use permit to Kelli R. Seabaugh, Steve Rector, Terry W. Lynch and Betty C. Lynch for purposes of maintaining and operating a sign design and retail business at 401 South West End Boulevard, in the City and County of Cape Girardeau, Missouri. Second and Third Readings. � Letter No. 09-31 Action City Council Agenda Page 2 February 17,2009 � 7. BILL NO. 09-24, an Ordinance authorizing the issuance of leasehold revenue bonds, Series 2009 (City of Cape Girardeau, Missouri, Lessee), by the Cape Girardeau (Missouri) Public Facilities Authority, for parks and recreation facilities, storm water facilities and other capital improvements and facilities; authorizing and approving certain documents in connection with the issuance of the bonds; and authorizing certain other actions in connection with the issuance of the bonds. Second and Third Readings. [letter revised] Letter No. 09-46 Action New Ordinances 8. BILL NO. 09-31, an Ordinance authorizing the Mayor to execute an application with the United States Department of Interior, the General Services Administration and the National Park Service to acquire surplus federal property known as May Greene Garden in the City of Cape Girardeau, Missouri. First Reading. Letter No. 09-36 Action � 9. BILL NO. 09-34, an Ordinance approving the record plat of Lynwood Hills North Subdivision. First Reading. Letter No. 09-37 Action Resolutions 10. BILL NO. 09-29, a Resolution authorizing the City Manager to execute a release of lien on property located at 531 South Hanover Street for the Rental Rehabilitation Program. Reading and Passage. Letter No. 09-38 Action 11. BILL NO. 09-30, a Resolution authorizing the City Manager to execute a Service and Support Agreement with Synergy Broadcast Systems for Channel 5 equipment, in the City of Cape Girardeau, Missouri. Reading and Passage. � Letter No. 09-39 Action City Council Agenda Page 3 February 17,2009 � 12. BILL NO. 09-32, a Resolution acknowledging receipt of an annexation petition from John A. Drury, Trustee of the John A. Drury Revocable Trust Agreement dated June 29, 2006, Anita J. Drury and MidAmerica Hotels Corporation, and setting a public hearing regarding the proposed annexation. Reading and Passage. Letter No. 09-40 Action 13. BILL NO. 09-33, a Resolution acknowledging receipt of an annexation petition from Bryan and Nancy Greaser and setting a public hearing regarding the proposed annexation. Reading and Passage. Letter No. 09-41 Action 14. BILL NO. 09-35, a Resolution authorizing the City Manager to execute an agreement with the Missouri Department of Transportation for a Transportation Enhancement Mini- Grant for Cape LaCroix Trail improvements, and authorizing the City Manager to execute all necessary grant documents. Reading and Passage. � Letter No. 09-42 Action Appointment 15. Appointment to the Cape Girardeau County University of Missouri Extension Council. Letter No. 09-43 Action Other 16. A motion accepting the improvements completed for installation of un-interrupted power sources at various intersections on Kingshighway and Route K, and authorizing final payment to Schneider Electric Company. Letter No. 09-44 � Action City Council Agenda Page 4 February 17, 2009 � 17. A motion rejecting the bids for the Jaycee Municipal Golf Course renovation and authorizing the Parks and Recreation Department to revise the plans and rebid the project. Letter No. 09-45 Action 18. Other business. 19. Adjournment of the City Council. * * * :x * * * * * � The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall, 401 Independence Street, on Tuesday, February 17, 2008, 5:00 p.m. * * �x * * * * �x * * * 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). � F...., � � � Y � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Lettex No. 09-35 Agenda February 17,2009 The Honorable Mayor And Membexs of the City Council City of Cape Girardeau,Missouti RE: Public Hearix�g on 2009-2014 Capital Improvements Program Dea,t Mayox and Council Membexs: In accordance with requirements of the City Charter,a public hearing xegarcling the 2009-2014 Capital Improvements Program has been set for Tuesday,Febxuary 17,2009,at 7:00 P.M. The public notice of the hearing was published in the Southeast Missouria.n on Monday, Febxuary 2,2009. Unless otherwise dixected,the staff will prepaxe a resolution fox adoption of the pxoposed Capital Impxovements Program,with any additional changes the Council wishes to make, fox the Council's agenda for Monday,March 2, 2009. The City � Charter requixes that the Capital Impxovements Progxam be adopted on or before April 1, 2009. The dtaft of the proposed Capital Impxovements Pxogram was submitted to the City Council on December 15,2008,by Council Memorandum No. 60. The Council held a ' special woxk session on the Capital Improvements Program on January 26,2009 but inclement weather caused the meeting to end early. Anp changes resulting from input at the public hearing and othex changes directed by the Council will be incorpoxated into the final Capital Improvements Program report. Respectfully Submitted, � � . Ken Eftink Assistant City Managex/ Development Sexvices Director ��� i� Douglas K.Leslie Ciry Manager � CITY OF CAPE GIRARDEAU,MISSOURI ,� Office of the City Manager Council Letter No. �-31 Agenda February 2,2009 The Honorable Mayor And Membexs of the City Council City of Cape Girardeau,Missouri Dear Mayor and Council Members: RE: Request for a Special Use Permit to operate a sign design and retail business at the property located at 401 South West End Boulevard. This is a request of Kelli R. Seabaugh and Steve Rectar for a Special Use Permit to operate a sign design and retail business at the property located at 401 South West End Boulevard.The signs will not be fabricated at this location.This is currently located in an R- 2 (Single Family Dwelling}Zoning District.The futute land use plan recommends medium density residential use for this axea.Recendy a Special Use Permit was approved to operate a retail clothing business at this address but those plans have been dropped. The Planning and Zoning Cormnission recommended approving this application with conditions at its meeting � on January 14, 2009 by a vote of 6 in favor,0 in opposition,and 0 abstainirig. The following condirions are recommended for the Special Use Permit: 1. Special use shall meet all applicable zoning regulations. 2. This Special Use Permit shall automatically texminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 3. Any parking area provided on the property shall be screened fxom adjacent residential areas in accoxdance with Section 30-43,entided"Fence",of the City Code. � 4. Any additional lighting fixtuxes on the property must be directional and aimed away from adjacent residential axeas. Respectfully Submitted, �'1 Ken Eftink Assistant City Manager Director of Development Services /`_" G���' � Douglas K. Leslie City Managex aec.30 S bS �� regulationa. (20) Parking bts on land in"R"districts within three hundred(300)fat from the () 1� pmvisions of this seaion,the city wuncil may by ordinantt oo its own bourtdary of any"C"or"M"district.pvvided the folbwing standarda are met motion or on epplicazion�ant a special uae pamit for the special usa enurt�aated in this a Ingess and cgress to such lot shall be Gom a strat dircctly suving We seaion in any districts at huem qusli6ed Gom which the uses are otlkrwise proldbited bY co�xrcial,business or inductrial distria. thia chapta.TAe city wuncil shall impose appropriaze conditbm and safeguarda for the b. No business involving the repac or service of ve6icles,or salq or displaY issuance of rhe special use pamit,w6ich may include a spxified paiod of tirtk for the thaeof shall be conduceed Gom or upon such parkwg areas. � pertnit,a limitation of the pasore who rtny carry out rucA use,and limitations upon or c. No struct�ues shall be erccted or runain on m of the bt ex requ�em�nts for the size or dasign of buildings and othv improvemonts upoa the providod for under item g.hueof. Y�� �� � � ProP�Y.s�l for the pwpose of proteaing thc comprc6ensive plan and caiservinB�d d No � P��B P�°P�Y�ProP�Y valua in the neighborhood s�g�shall be erected on the parking area except ss approved by die (b) Applications for special use pumits shall be made and proce�ed in(he same mannu av e. PrtY cowciL vided in seaion 30-5 rolazi to �+8�shall be uscd for parfcinB patroaa.txivate paasenga velticles Pro ng applicatans for district changes. only and rro charge shall be made for parking within such p�emisa. () The city wmcil ahall detamine whaher sucd building or use w0L f. The parlcing shall be sa back in wnformity with the established w � a Subatantially inaease trafFic ha7ardv or congestion. requaed yards for raidential uses and,where a parkiog area adjoins a b. Suhstantially increase fire hszards. dwelling use,ic sha11 have a minimum side yard of ten(10)fea c. Advasdy affed the cAaracta of the neig6borlwo�or in reapect ro special g. Tbe parking arca shall be suitably suaned or fenad,pavod sod�ameq use panrits for dweBing pwposcs whae rcqu'ved,be advcsely affeded by lighted and maintained{ra of debris. � the charocta of t6e neighbortwod (21) My"C dishhict uce in an"R"disuia. d Advusely atTea tlw genust welfare of the camwnity (22) All uses�r which special use permits are requ'ued by other sations of thece e. Ovata�c public u[0ities. �� E Be in conflict with the comprehensive city plan. (23) Bwldings in exass of the height and story requirements set forth in sedion 7036 (2) If the council'e 6nding is negative u to atl t6e subjeds rofured tn in this for'R-4"and"G2"disvkts. v�ded side aubsxtion(b).Ne applicazion may be gaote�if aftirmative as tu anY�1�, foot for each foot of height thaz the building u�cads the�he�ig re�ns o(t6e thrn such pennit shall be�denied district in which it it bcated up to a height of seventy-five(75)fat and thuea@er ��) �Y Prop0.ud special ute shall otherwise comply with all the rogulatlons ut forth in this �a iqpease in side yards shall be rcqu'ved for any height m excess ofseventy-6ve chapta for the district m which such use is bpted,exaept t6at the city wuncd maY P�� (7 foet hospiWls ard institutio�to excad the height limitatiom of such district 24 M (� � Spaial uses. � ) Y"C"�tnet use m a more restrictive"C"distria. (2� Senior citizen}rousing under the following wnditioro: � (1) Public or private lat�ding field�d'mB sviP.6elicopta Imdi�g pad,helipoR or a Albwed ooty in"R-3,""R-4"and"C"m�eaa; other landing area for all forms of eceraik auW raoe tradc sod drag ship, b. � Only senior citiuns,handicappod or disabled i�ividuals would be (2) AmusemeM park but not within three hundred(300)Cxt of anY"R"���• pmnitted to rent,purchate or inhabit unitt albwed undu tho chapta; � �3) AnY Benerol public building aeUed or used py any departmeot of the city or c. A pemianent sigq prominently displaYed,m�st be plxed on tl�e bu0ding wunry govanmeot,or a school district.Also>o26ca,wrehouses,and ot6er ckazly labeling the structure aa senior citiaen housiog.and also having suppat buildings for local units of govanmeM aod sub�state s8encies.unlas thaa�pon the o�nance nuenbtt establishing the shuct�ve n srnior cituon � otherwise bcated w�hW a mning d'utiic;which would albw a co�m�acial or housing. inttitutional faeility of the same nature as a usabY-�B�� (2� Reserved (4) CemUery.crematorium or mauaokum (2"n The manuFacture of commercial cooking and wtuing equipment in"G3"d'uvicts. (5) Church or otha place of worshq�,or Sunday school,in"R-1,""R-Z,"or"R-3" 28 R raidrntial districts. � ) eeyeling in"G2,""C-3.""M-I"or"M-2"dishicts,inchdin6 sa��eBS processinB (� Circus or camival grounds,but not within ttu�te hundred(300)fat of any"R" ����°�f P��d P�P���:alummum cans and Wha metal . d�� . loth.cbthing and rags;plastics and n�bber products;lumbc or wood products;and glass.Provided,however.that all processing,tre�eKM and haodling (7) Comnorcial,rareational,or a�m�aement devebpment for tenqoruy or seasonal of tho above-0arn'bed mazerials,otha than bad'wg md uobading from trampoit �O�' vehicles,shalt be mside of a buildin and a�l (8) [Ruaved. J � either inside of a building or m closed transposrt tr�ailas, sm' uch a mannc9�a oot to (9) L�stiNtian,college,or hospital provided that any hospital or institution pemuttcd crcate a nuisance by vi(tue oCodor,vumin,emissio4 or diseharge.Provided in any"R"district shall be bcated on a site of�at las t6an 6ve(�acra.shall`rot furtha that any processing of such mazeriats shall not create a wisanee or heslth occupy more than fo�ty(40)percrnt of the Wtal bt area,and shall be sa back Gom hazard by vinue of noise,odor,anission,dise6arge a bypnducts. all yard lina at kast two(2)fea fw each foa of building height. Loading and unloading of mazaials trom transpon ve6icks shall be cottWlacd ar�d (10) Marina a�dock . � the hanspott vehicks removed from the prcmises within hveuty-6our(24)hours of (1 I) Nursing home in"R"disvicts. - �he receipt of a transport vehicle oo t6e�es. � (12) Office building of a civic.religious or charitable o�gani�tion,conducting Excluciom: � activitia primarily by mail and not handling merchandise or rondaing services on a No special use pertnit shall be required under this section for aay pmoq the premises,but only within the"R-4"district. conpanY or firm engaged m rccycling activiry of its own qoducts which (�3) Pnvate�Yopereted communiry building or reaeation 6eld. are manufacturcd w sold on the premises when such recycling is done in (14) Public uUlities.except for buildings and accessory sWctures thaz are rwmal and sup�wn oCthe principal operation of that Iwsiness. �eustomary m a mning district which woutd albw otha buildings of the same b. No specia!use pamit will be requirod mder the provisiom of this sation � nature as a uto-by-right. for rec lin acti yc g vity conducted by nonpro6f organimtiom Cw periods rat ()� Riding stabk. excxding thirty(30)days m any calrndar year. (16) Telecommimiation towa.The location of a tekcommwication towa is subject to � c. A specia�use pertrut shall na be requ'u�ed under t6is section for anY aB�Y the folbwing conditions: of any state,county or othu Ioca1 govanmeM unil engagmg m rccycling . a The applicarn shall identify the bcation of the proposed rower(s)on a map activity for its intemal opera�ion pu`posa only and oot for raak W the showing o�ha towa bcatiora within the city.If the proposed towa's public for profit bcated within one mile of an emisting towa(s),the applicant mut submit (29) Raidentia�or outpatient Cacilities for the treatmnt of akohol or aher drug abuse mdena demoastrating why the uisti�towa(s)is not witable or - for not excading twenty(20)persons in"R-0"districts,or for rooro thm�ewenty availabk for co-use. (20)persoat'v�"C"districfs,with the provivion that po apaial use pamit shall be _ 6. The tower chall be duigned ro accorturodaze the co-use of at kast two(2) issued for such a fecility unless the applicant for such pamit provides evidence dha qoviders and made available W otha providers for co-use for dut 6e has provided written notification of the proposed placemeot of t6e facil'uy rcuonabte tam.The applicant shall provide a�wtarized statement as to w the owner w owners of property bcated wilhin one hundrcd eightY-five(18� d�e availability of the Wwa for co-uca fat of the boundaria of the property oa which the bratrneM facilrty is to be c. The duign of the towa and accusory structures shall muimize the uce of bcated Furtha,the extaior appearance of the ve�nent ficlity sFall reasonably build'mg mataials,cobrs,uxnurs,eaxning md landscaping t6az conform to the exterior appearance of otha twildings io the vicinity and a effectively blend the facilitia within the surtow�diog natural adting and treatment Cacility shall not be bcated cbser than three huodred uventy(370)fat mvironmun. - to any otha substm�a abuse�a7ity. � - d The bwa shall Ix sat baek Gom the rightof-way line of any public street (30) Single or doubk-wide,manufactured twme or manu6etured businas units fa up W a distence equat ro the heigM of the wwa. � office purposes only in"M-2"heary indusaial districts. e. Towers or antennas located on sweturu shall not extend rtare than thirty (31) Farttily day care homes for the care of more than six(6)children but not morc than - (30)feet above the highat point o[the stnKture. tcn(10)children in s raidrntial zone. � f. The toww and antennat shall meet all fedaal regulazions.including but not (32) Excurs'an gambling boat or fbating gambling facility in any"C or"hf"distria, limited to,Federal Comrtunications Cortunission(FCG�anissioa or combinazion thaw�with the fo�bwing provisiora: standardt and F�daa�Aviatan Admioistration(FAA)Gghtiog a Auawry uses directly connected,associated or linked with the opuation �Wu��^��. of an excursion gambling boaz or fbating faciliry shall be iocluded with, g- My towa that is no bnga in use Cor a tekcommwnications purpou shall and made a part o�a�ry epccial use penmt issucd thaefor ard shall also be be removed at the owna's expense.The owner of the Wwa shall provide within a"C"or"M"disvia,or combioation thereoE � the city with a copy of the notice to the FCC of intrnt W cease operations. b. Accessory uses associated with an excursion gambling boat w Ooating All obsolde and abandoned towers and accessory facilities shall be facil'ay shall include the following: mnoved within six(6)rtanths of cessation of use.In the case of multiple 1. Boat support facilities. operators sharing use of a single towa,this provisioa shall not become 2. Docking or mooring facilitice. efCedive until all usas cease opa�at'wn4.The applicant shall aubmi[an 3. Employee support facilities. exauted agrament to ensure cortq>liana with this rcquircment.If the 4. Ground traacpoRazion facilities. owna 6ils ro remove an�obsokte tower,t6e city may cause the Wwa to be 5. Passenga ticketing and reception facilities. �nmoved and issue a special azsessment tax bill for the cost of said 6. Parking facilities. rcrtaval,which shall be a lien against the real propaty aftbeted 7. Security facilaia. (l7) Aaidential usa as provided for in uctions 30.28(C-I Disvicts)and 10.J7(M-1 B. Signs,including those utached to a building or other swcturc,a D���). � boaz or floating facility,or otherwise placed on tho prentiscs (18) Travel haila carnp,in the"C•2""G3"md"M"districts.No travel trafkr may be constituting an ezcursion gambling boat or floazing 6cility site. � � used for any rceidential purposc either transiently or pemenently unless bcated in c. Off-strca parking.Off-strcet parking and bading facilitiea shaU be � a traila camp or mobile home park. provided as specificd in seMion 30-39 of this chapta,except that the . . (19) The extractbn of sand,gravel,and otha raw materials rcqu'ving the removal of an requ'vemeot for off-strat parking for an excursan gambling boat or overburden above the deposit,provided,howeva,any bulk storage of exlracted floating facility and its accessory usu shall be one and one-half(1 1!2) mazerial or overtwrden and any processing or oxtraction machinery or the open spaces for every two(2)passengas,baved on maximum occupancy,plus face of any cut shall be at least five hundxd(500)feet firom any rcsidential one(t)space per employee on the maximum shift.[n add'Uioq full-size sWcture,slrcU,or place. bus parking spaces shall be provided av requued by the planning and (38) HalCway houses for tlw rehabilitstion of aduh pasons who are prisoners�forrtKr . zoning commission and ciry wuncil. prisonax,may ody be bcated in Gl,G2,G3,M-1,M-2,end A-1 mnes.and,if d Sfte devebpment plan.(n applying for a special use pertnit under thu approv�d,ue wbject to the folbwing additim�al condition: section,the devebper(s)ehatl submit a fomial site plan for review,which a One(i)parlong space 6or every fo�a(4)raidents,hutuding shtf residents. includu,but b not necessan7y Iimited to the foUowing: b. The pnpoaed facility shall provide appropeiate md reasonable aeavity. 1. Maps and otLa graphics indicatieg the boundaries of the e T6e faa'lity shall have no«terior evidrnce of such uu and no sign devebpment end ell propulies to be ioctuded,indicating whetha advatising such usa � such propenies are owned,leased,optioned,or pvposed for such. d At the tmrc of original ap�xoval,if the proposed facility is to 6e bcated 2. The bcuions and general sizes of sll buildings,structures.Parking within 6ve hundrod(500)fat of auothu such CacilrtY,public,private or � lots and other facilitice comprising the devebpment.'u�ciuding data parochisl scFao4 Broup home for edults a juveniles,nursing,reu or on siu.facilities,and occupanty limits of the planned excursion convakscax iame(crnta),childrea's nursery or boarding home,day caze gambliog boat or 6oazing 6cility.and accessory uses. caues,rcsidential zone.existing rcsidential use,a 6cility Cor the mcmally 3. Evidence thaz the development contairo wfficiau land m provide �PII}'SIC3IIy I1871A1Ce�C�fI1C CIIy COWCII t113y fG({LL1fC 9UCI1 BAAII10118I for aoy nece.wary or propbsed land-side devebpmeM and support wnditioro on the special use pama es r&ela ere naessary W miniroize fan7ities,including pmicing,and the devebpment includes drc effat of the proposed uu on the swrounding properties. sufficient riva frontage to ac�mrtadate bcazion and operatan of e. T6e applicam shatl demoastrate that thae ahall be no negative impaa o0 the plan�rcd exwrsion gambling boat or floating Gc7ity. Eropaty within five hundred(500)fat of the proposed facility. 4. M ie�act analysis including,but na limited to,ezpected acass (39) Microbreway or pub brewcry in a"G2"."G3",a"M-1 district. routes,traftic voluma,peak hours of.operat'an,rreeded road or (40) Kenoel in a"G2",or"G3"distria. strat improvertwnts and aaffic controLv oecessary to accomrtadate (41) Placerrknt of maro�facturcd busineas wih,«modular min approved by the State . the proposed uses end traftic volumes,and plans for on-she of Missouri,fa tatyorary o6ce,classroom or staage pmposa only during senvity ud disasta response. co�truaion or rcrtndeling of a main hospital,school building,or churdi.and e. All buildings and pertnanentty moorcd structwrs shall compty with located on the sartk site,in any district.My specisl use pantit,if approved,�vill � applicabk standards of the city s building codes.Furtha,no occupancy become effective only upon the asuance of a building pemut for a main buiWmg. . pnmit for eny xassory uae set forth in thia soctan shall be issued prior w All such tempaary busmas uoits shall be ranoved upon oeeupancy of the the issuance of occupaneY pertnits fw ell new land-based pananent . cortyleted w�ion or compldion or abandonment of the conaltve[ion wocic, struUurcs proposed az a part of tLe devebprtant.The city council maY, whichever occurs Cust howeva.at its discrction approve a tertiporary occupancy permit for anY (e) Cqtmwnity unrt plan.The owna of any uact of land may rcquest a sp�cial use pamit fw � - sccasory use far a puiod of one(I)year if the required land-based the use and de vebprt�rnt ofsuch traa for rcsideotial or fw raidential in wmbioation with �8���mPlned shopping centa uses aa set faih in section 30.3I.The devebpma�t plan shall be rcfared (33) Mini-warelause or self-storage unils in"C-I"or"G2"districts. to tLe planning and zono�g commission for study and reporL Approval ahall be (34) Padcmg garaga:Fa enclosed or semi-rncbsed P��B B�Ba�h'>P��6 conditioned upm spaific findings that the proposed cortmunity unrt plan mat4 the space dimaisare las than the minimum siu roquired in this ordinance may be Eolbwmg cmditiom: approved unda a special use prnnit.A building/parking plan and dceumentary (1) 1'hat the popoud devebpment of any"C-4"planned wmrcrcial disvict included justifiwtion tar a requested variation finm the minimum standards must be as a part of the plan wmpliu with t6e regulatiau for those districts at set forth in su6mdted with any applieation hereunder. xdion 30-31. (3� �'� (2) T6at t1�building;otha than dame bcated within a"G4"district,tocated'm t6e (3� Smgle or double-wide.manufacturod iame or manufactured busmess units for arca shall be ufod onfy for rn�o-fanu7y dwellings,two-6m'ly dwellings,or muhi- temporxy of5ce pwposa only dwing couswctan or runodeling of a maio family dwelliog.s snd the uaual accessory usa wc6 aa prirate or pa�og garaga, building u�'M-1"Light industrial D'utricts.My special use pennit,if appfoved, storage�ace and for convnunity activitia,including eh�vxha atd sc600k. � w01 become effeUive only upon the issuance of a building permit for a main (3) 1Tat the avaage bt arw per family contained in the sNe,excAuive of tLe area bulding All such tertyorary of5ce units ahall be removed upon occupancy of the occupied by a"C-4"distria or by streeb,wdl not be las than t6e bt arca pa •- eompletsd constraction or coaqlUion or abandonment of the construuion work, �� � -fam�ly rcqu'ved'm dw disvict in which tbt devebpmeot is bcakd : .. .whichevc occurs fust. - . (4) .-�.'LAat the ara is adaphble to co�lete conmainiry devebpmeot,beiog bouoded by (3'n �Doubk-wid��nanufacturcd homes(mobile homes)in"R_�"•R_2,••R_3"or"R_ . .. �..-.majortho�oughfares,�atreds:ia�lroads,or Mha actanal batrie+s.and'o�wfar u 4"d6tricts,with the Collowing provisions: . . . �- - .. , .. .�:�;possibla wrtliout a major thoroughfare aetcnding.throuBh the PmJect.or an other Y . a The manufactured home shall be in cort�liance with Federal Manufactured . � �.�physical feanue�which would tend to impa'v the neigAtarhood or community . . � . � Home Conttruaion�and SafMy Standards,adopted June I5,1976,as �-:cohaiveoess. - . . �.amended,�and Missouri Public Service Cortunissio�rulu. . . (� .�'I'hat no mrne than twenty-five{2�paceat of the goss-arca of the p�oject{x b. The una when conqlUe shall have a minimum w�dth of not Iest than devoted to a"G4"dislrict and that no morc tha�i fiRY(50)pe�can of the gross area - twrnty-four(24)fowdation fea as measurcd at all poinu papndicular to � of the project located in a single-family disuict be devoted W muhipk-fartdly . �the length of the manufactured home,which shal)not be kss than forty- dwellmg. � � ] � . :hvo(42)fouadation Ceet.This standard it�intended W reiYrict units m t6e � - � (� ��:-That�sufficirnt arw is rcsmed��for recrcational and�ducational fan7itia w meet ��y/ •. . . � type ahich are brought to the site in parts.typically�two(2)halva and az �--the needs of the�aMicipated population;or ac desi�ated in the wrt�prchensive Itast�one thousand eight(1,008)squarc feet minimum � plan. c. All wheels,springs,axla,lights,and towinB apparazus shall bc�emoved ('n . That proparty adjacenr to ehe area includ�d m tho plan wll not be adversely . � .:.d ���The�:unrt rtwst bt pmnanrndy�installed on�a propalydaigned;enclosed - . . . . ;:.�4�-aflbcted�and toshis end;�the�citycouncil mayrequire,in the absrnce of any foundation system in accordance with the BOCA National Building Code. �appropriate physica�bartier.that uses of kut intensity or a bufla of open ryxe or e. Orientation of dx manufactured lausing unit on the bt shall wnform to srnxning be arrznged along the borders of t6e pmjecl the same o�rntazion as the majority ofconvrntiooally buih struuures in (8) That the plan is consistarc with the intrnt and purposa ofthis chapta to pomo[e tAe'u�unediato arca(within ttvee hundred(300)feet).E�cample:Front door � public heahh,safety,morals,and general welfare. w from lot line,rear door tn rear bt lina (� If the aty eouncil ap{xoves the plans,bwlding pamits and catificata of occupmcy maY f. Roof rtwst be a gable or hip roof of at kast tivee(3)m twelve(12)piteh or be asued,eveo though the use of the land end tMe location aod height of huildings w be greata and cov�red with mazerial tliat a raidential in ePPearance. uected in the ara and the yards and opea space coalemplazed by th�plan do not conform ineludinB,but not limited to approveA wood,asphah cortqwsrtion or in all respects to the dishiU � � 6baglass shingla,but excluding cortugazed aluminu�cortugazed �g� A� ����$ ��ant of the d'utriU m whieh it is beated 6lxrglass,or maal rooB;except for tted deck areas,all roof ��� ����°�unda this sectan may be mado and procased p�� err�oraneously�vith a proposed amendment of the distriU in which wch siu lies. structwss shall provide an eave projection of no kss than six(�incha (h) A special ux perntit shall wtomazically expire upon the Failure to devebp the�ue of the and�a geata than thirty(30)incha. land for whic6 the special use pamit has been issued if t!x uu is not developed within g. Extaior siding or covering shall�be of a type.9ualiry ar�d appcarance tweFve(t2)months a@a the pandt has ban issued customanly used on convrntionally buik Iromes. () In the event the uso of the land for which the spaial uu permit hac been issued is h. . The bt shall be provided with a Mard:urface(not earthen in nature) discontinued for a period of one(I)year,Uwn the special use permit shall automaziially driveway not Iess than nine(9)fat wide with side-yard parlcing sufficient expira for tLe plazement of az kast two(2)vehicla. (Code 1967,§30.38;Ord No.660,�2,YI-6?,Ord No.754,�1,9-18-89;Ord No.793, i A minimum of eighteen(18)incha of aawl space unda the entire Art.1,12-18-89;Ord No.845,arts.4,S,41690;Ord No.962,art.3,1-16-91;Ord No. manufaetured home shall be mamtained 1085,art.l,9-1691;Ord No.1237,art.3,9-21-92;Ord.No.1459,aR.2,12-20.93;Ord j. Pe�maoent steps shall be set az a11 extunal exits with appropriate har�drails No.1329,a�ta,2,3,5-1694;Ord No.I551,arts.5,6,620.94;Ord No:1730,art.2,6- ��a B�d��. 19-95:Ord No.1779,arts.5,6,9-1&95;Ord.No.t904.art.I.2-20-96;Ord No.2080, . k The unit shall be saved by a waza supply and sewage disposa�system in mt 1,11-18-96:Ord.No.2198,a�ts.7,8,7-21-97:Ord.No.2252,art.2,10-20.97:Ord. � accordance with the Intmutional Plumbing Code,ac curtenHy edopted by No.2259,art.l,10.20-97;Ord No.2487,aR 2,2-16-99;Ord No.2706,art.3,417-00; tl�e cuY. Ord No.2981,art.2,3-t8-02;Ord No.3007,art 1.5-20-02;Ord No.3049,art.1,9-16- L The unit shall be served by an electrical smice in accordance with the 02;Ord No.3206,art 1,&18-03;Ord No.3451,art 14,2-22A5;Ord.No.3547,art.I, National Electrical Code,as curtrntly adopted by the city. 9-19-0� m Any suc6 sUucture so installed shall confarm to all appliqbk mning and subdivision ordinances and any othu pertinent ordinance in effect at the time of installation or construction,including sNback requ'vemrnts. . � � (IF DENIED) CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated dated December 22, 2008 filed by Kelli Seabaugh, Steve Rector and Terry W. Lynch for the property located at 401 South West End Boulevard in the City and County of Cape Girardeau, Missouri for the purposes of maintaining and operating a sign design and retail business. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findinqs: The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion 2 . Substantially increase fire hazards 3 . Adversely affect the character of the neighborhood; or in respect to special use permits for dwelling � purposes where required, be adversely affected by the character of the neighborhood. 4 . Adversely affect the general welfare of the community 5. Overtax public utilities. 6. Be in conflict with the comprehensive city plan The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved X Denied Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk � BILL NO. 09-28 ORDINANCE NO. � AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO KELLI R. SEABAUGH, STEVE RECTOR, TERRY W. LYNCH AND BETTY C. LYNCH FOR PURPOSES OF MAINTAINING AND OPERATING A SIGN DESIGN AND RETAIL BUSINESS AT 401 SOUTH WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the Terry W. Lynch and Betty C. Lynch are the owners of certain property on which Kelli R. Seabaugh and Steve Rector desire to maintain and operate a sign design and retail business, at 401 South West End Boulevard, in the City and County of Cape Girardeau, Missouri; and WHEREAS, the proposed location of said facility is located at 401 South West End Boulevard, in the City and County of Cape Girardeau, Missouri, which property is presently zoned R-2, Single- Family Dwelling District; and WHEREAS, a Special Use Permit is required for said use in an R-2, Single-Family Dwelling District; and � NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit to maintain and operate a sign design and retail business located at 401 South West End Boulevard, on the following described property: All of the North 34 feet and 7 inches of Lots One (1) and Two (2) in Block One (1) of Glenn Place Addition and the North 29 feet of the South 100 feet of Lots One (1) and Two (2) in Block One (1) of Glenn Place Addition to the City of Cape Girardeau, Missouri . is hereby granted to Kelli R. Seabaugh, Steve Rector, Terry W. � Lynch and Betty C. Lynch to be effective ten (10) days after the date of passage and approval of this ordinance . The special use must comply with all regulations set forth in the Zoning Code for � the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto as Exhibit "A" , and incorporated herein by reference . The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri . ARTICLE 3. Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council . ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: � Gayle L. Conrad City Clerk �.! � SPECIAL USE PERMIT The Kelli R. Seabaugh, Steve Rector, Terry W. Lynch and Betty C. Lych are hereby granted a Special Use Permit to maintain and operate a sign design and retail business located at 401 South West End Boulevard, in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: All of the North 34 feet and 7 inches of Lots One (1) and Two (2) in Block One (1) of Glenn Place Addition and the North 29 feet of the South 100 feet of Lots One (1) and Two (2) in Block One (1) of Glenn Place Addition to the City of Cape Girardeau, Missouri . This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit . Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use . � SPECIAL CONDITIONS: l . This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 2 . The Special use shall meet all applicable zoning regulations . 3 . The property shall be developed in substantial conformance with the Site Plan approved as part of this Special Use Permit . 4 . This Special Use Permit is not transferable without the consent of the City Council . 5 . Any parking area provided on the property shall be screened from adjacent residential areas in accordance with Section 30-43 , entitled "Fences" , of the City Code. 6 . Any additional lighting fixtures on the property must be directional and aimed away from adjacent residential � areas . EXHIBIT A IN WITNESS WHEREOF, the City Manager of the City of Cape `✓ Girardeau, Missouri, affixes his signature this day of , 20 Douglas K. Leslie City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ) ) ss . COUNTY OF CAPE GIR.ARDEAU ) On this day of , 20 , before me � ) appeared Douglas K. Leslie, to me personally known, who, being by �"'� me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. LaDonna Laub, Notary Public My Commission Expires : August 4 , 2011 � EXHIBIT A � CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , , the Cape Girardeau City Council considered the application for Special Use Permit dated December 22, 2008 filed by Kelli Seabaugh, Steve Rector and Terry W. Lynch for the property located at 401 South West End Boulevard in the City and Count of Ca e Girardeau, Missouri for the purposes of maintaining and operating a sign design and retail business. In examining this application, the following factors were considered and found as noted: Yes No N/A Citv Council Findings: The Proposed Special Use Permit, With The Stated Conditions, Would: l. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3 . Adversely affect the character of the neighborhood; X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4 . Adversely affect the general welfare of the community X 5. Overtax public utilities. X � 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk � EXHIBIT B � CITY OF CAPE GIRARDEAU PLANNING AND ZONIl�1G COMMISSION ACTION Request for a Special Use Permit Recommended Action: That the request of Kelli Seabaugh and Steve Rector for a Special�Use Permit to operate a sign design and retail business at the property located at 401 South West End Boulevard. The Planning and Zoning Commission recommends approval for this request with the following conditions: 1. Special Use shall meet all applicable zoning regulations. 2. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 3. Any parking area provided on the property shall be screened from adjacent residential areas in accordance with Section 30-43, entitled "Fences", of the City Code. 4. Any additional lighting fixtures on the property must be directional and aimed away from adjacent residential areas. � The vote count on the motion to approve was: Vote Count: Favor—6 Oppose—0 Abstain—0 Date Recommendation Made: January 16, 2009 Comments: Citizens commenting at meeting: Kelli Seabaugh Steve Rector / Secretary �```'��� � � CITY OF CAPE GIRARDEAU,MISSOURI ' City Staff Review and Referral of Application For Special Use Permit/Rezoning File No.1218 Address of Property 401 South West End Boulevard � Staff Review and Comments: It is the request of Kelli Seabaugh for a Special Use Permit to operate a business for sign design and retail sales and install a sign on an existing sign post the properiy located at 401 South West End Boulevard. This is currently located in an R-2 (Single Family Dwelling) Zoning District. The future land use plan shows this property as being in a medium density residential district. Recently a Special Use Permit was approved to operate a retail clothing business but those plans have been dropped. An application for a Special Use Permit to operate an art gallery has also been filed but that application has been withdrawn. ✓. ✓�"_' ( .. (� —v� Planning Supervisor Date ..............................................................................� Ciiy Mana�er Referral to the Plannin�and Zonin�Commission: �> -6.��� City M ger Date ..............................................................................� � Posting Date for Planning and Zoning Commission Public Hearing: l�!R/o `C ..............................................................................� Planning and Zonin¢Commission Recommendations: ..5�� 1 1���h G � Zo�n��n� ��timv� �1Pvr J ..............................................................................� Posting Date for City Council Public Hearing: ��/(n�flQ ..............................................................................� Council Action: Favor: Oppose: Abstain: Revised 3/27/08 � Revised 06/18/2007 � CITY OF CAPE GIRARDEAU Application For Rezoning ❑ OR Special Use Permit (check one) For Staff Use Only: Date received in Planning Services Office: By: SECTION A 1. Description of project: S�C�w �E'��-.� ��l 1�e.�-t;l, �,�u��; O�c� f�l`,�1� A�w ��� ��� 2. Street address of tract (or other location description): 4-�t S. w-eS� �►-�t F3�vd . C�..�e C�i�C;�.�rct-e�ce.�, ti-c.o �03��3 � 3. Names and addresses of all legal owners of tract: _T'� �� y w � �-�-y G. L.t�rc�1�.� I 4� � C t"2- t.e 3 S ��� C�i�c�rol.e c�,v , m O � 3-1 � ( 4. Present zoning classification: �S�c�-e h�ir,�Q.� 5. Requested new zoning classification: 6. Requested special use: � �� -�..., d�S L�-�, a� �e r�et.t.c, ' C`�- �`��,.., � -e�c���ut� � � �� 7. Person handling this application (name, address, phone number): ��� 2. ��ba-�t.�-- ��3! �^� �� � 14t-t Cr��-�-e � 5t � C��,c�e C�i���-cl.ecv�, rn o t� 3 � � l 8. If tract is to be transferred, name and address of intended owner: ti �� � Page 2 � 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Siqnatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date �.��u S � I, 2Z/a� �� ��%� ,� �� � — e�- o SECTION B 1. Legal description of tract: � Please attach a copy of the latest deed to the property. (If you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) �C�:�J��I�S�1 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 inches by 17 inches, showing the following (If you do not have a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson): �.a. All boundary dimensions. ✓b. All adjoining streets and alleys. � c. All present improvements. ✓ d. All intended improvements. ✓e. All adjoining and cornering property lines and references to all owners listed in Section c. � � Page 3 SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on your tract or which is across streets or alleys. (This information can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson ) N�T�. 1Nh��� a rezont�g or s��c��l ��� p�rrnat�� r�quest�d�for part Qf� larg�r plat#ect tra�t; �djo�nirtg-avun�rs, ��e con�idered as�those adjoinmg the.larger tr�et. �. �-t,tNc�c� 5-e�Ycv��e� 4�4 S. v�l-��`c ��nc1 C.c�,p� c��Ya�deau,,c�o �3�t o3 � 17C,�w h- v�1 Gu-ke.�r � L�i�n.,-t v�►ci..l,ke.� 4�S S. W-e��t ��nd CG�� C�i.v�a.r�,u,M u cn 3�u 3 � C• V�.YC�� T�.rn p�t�-► 3Zt S. W-e�-t ��cl CG�..p-� 6�Yc,�.rG1.eG�.t.�, M� �e�1 u3 �. P, �;ve�c ma� �c. C,mc,�.�;L.i.h� c;�dctY�e�r Z� -c�.+-�n�r�) 4-12 S. vv�t �+�,c� cc�.�e, C�i.Yc�.Yd-e.u..u,, m u t�3��u 3 e . �N�� �h�� C�uYc►-� of Gh�,:S � 32� S . W�� �►'�d �� C�L1rGl,IrGtQ�,�,�� �Y1 u l.e'�l u3 ✓2. With this application, the applicant must deliver to the Planning Services Office a stamped, plain business envelope addressed to each of the landowners listed in Section C, Item 1, of this application. Please do not include a return address. The Planning Services office will use its return address. (If a tract is owned by the City of Cape Girardeau, an envelope for City property is not � needed.) Page 4 � SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. �l��YwY'vt.J�J�-LaSZ� ��� � C�-2JYt'�`--' �-�- � �' ,e�c�t- fa'tz-�"-� p��v_ c�'`' 2. If this is an application for a special use permit, you need to be aware that the Planning and Zoning Commission and the City Council can place limitations on. the permit such as the period for which it will be effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider in this �egard. � 3. Is a transfer of ownership of the tract dependent upon the approval of this application, or will a transfer occur if this application is approved? N � � � Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken by the City Council. If you are unsure as to whether or not an application was previously made, please contact the Division of Planning Services Office for assistance. No v e��c..rr �S, �.av 8 — �SwP �er f'►*}' 6�a.� - w;�h��Y• -zo�g- � c�-i�►.� I -�p P p�� fV�,tx�l, z`�, Glo�t�,.�h� � � Page 5 SfCTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. lS� w-�;t.�. �,.e> oc�.��c,�-+�ti.�.;,� a� vou�� 1�1ra�-+�o j o��. fifL.e�v� t�Q -t�.�. c��� o�.� o�- ���. c.l.ov� p�.�.:�a� n��. 2. Please list below the names and addresses of adjacent property owners or other neighbors you have contacted directly in regard to the requested rezoning or special use permit, and your project if it involves new structures or a change of use in an existing building. (Telephone or e-mail contacts can be tisted, but please note them as such.) � � Name Address C�(,�,orc�(�,C;t, t,��' 4-1� S. w�/xt �r�t. �tvo1 Z�J�N�- � GL tYt.,�C U/Gc,c.�l�.e�v 4-t�� S. W-e�'� � 131�d _ �1.��qc,Q, T��u�C�,�r�. 3ZI S'. VV�t -�Yir,� ,�t�d� !�i ��k� (�C�(,�%G 412 S. 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Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: AN ORDINANCE AUTHORIZING THE ISSIIANCE OF I�EASEBOLD REVENUF: BONDS, SERIES 2009 (CITY OF CAPE GIRARDEAU,. MiSSOURI, LESSEE) , BY THE CAPE GIRARDEAU (MISSOURI) PUBLIC FACILITIES AUTHORITY; AiJTHORIZING AND APPROVING CERTAIN DCICUMENTS AND AUTHORIZING CERTAIN OTAER ACTIONS IN CONNECTION THEREWITH. � , The attached ordinanee would authorize the issuance of leasehold revenue bonds through the Cape Gira�deau Public Facilities Authority for the benefit of the City in amounts suffici�ent to produce approximately $19, 520, 000 in net proceeds. The Osage. Community Centre, A.C. B�ase Arena Building, and family aquatic �center wili �e us�ed as collateral on th�se bonds. The . first reading of this ordinance was approved on January 20, 2009. The budg�t of� the projects � to be funded by the Pari�s ! Sto�m Wate� Sales Ta� a�d the amount of each p�oject that is being financed k�y the proposed bonds is attached. Projects that a�e not finance�l will be done on a �ay as you go basis over the next 10 yea�s. : It' s� currently anticipated that the average rates on the bonds �wi�l be .less; than . 4o_ The bonds will be repaid from th� capital portion 'of the Parks / Storm Water Sales Tax. �t' s current�y• ant�eipated that based on flat sales tax g�owth that � the sa.�es tax will ex�eed � 125� of the estimated de�t service on t�e proposed bonds. The extra sales tax will be used to fund t�e � re�aining projects and equipment on a cash flow basis. riced on February 17, 2009 unless it is � Bonds wil� be P rice them at a later date. deter�nined that it may beneficial to p riced on February 17, 2049. staff will be If the bonds are p ricing of asking °for f�nal `approval< of this ordinance. If the � final approval of this ordinance wile bal the bonds is delayed, ricing date of the bonds. A sp postponed uritil the ac�ual�p�ed if the. pricing of the bonds is� council meeting maY be req la ed. Final� bonds rates and amoait�oWthis�ordinancele be ore de Y lve final approv - you are asked to g �e��ectfully submitted, . �,,�.., �Zti��� John R. Richbourg �'inance Director � G�y"'" Douglas K. Leslie City Ma�age�' � DKL:gc � 0 0 0 0 0 0 0 0 0 0 0 � Q o000000000 0 ww o000000000 � � o W p o 0 0 0 0 0 0 0 0 0 0 U W ui ui �c�i �ri o u�i o o u�i o 0 CO � 0� N N � � CO O O N W 0� O � O � CO t� � f� Cfl � � Z _ _ .. a N � (fl � C�j � c- 6j � O O O O O O O O O O O O O O O O O O O O O O O O O O H f- O O O O O O O O O O O O O (� W O O O O O O O O O O O O O O O O O O O O O O O O O O � 0 O 11� O O O � O O tf� O O O tf') O Cfl O O O 1� O O O O � 00 M � � O � � � t!� CO � O f� t` a0 � tn a m M N � CO c- N �- N � � d� N � � f--' Z W � H H � w � Z � W w W � X � � � > a. � Z ~ � ZZ � ~ �- Z � w Z W w W � Z � W U w — cA �U � � � � w } w � � w UH � Iw- jW > �— V � Q > Dawv � >- � � Jw� za -, O � w a � Q a. � w � � Z U � Z � � _ � � � � YW � - � JOF- ZaY WaW � � � aa � � w � QW � � � O JQQW > � � Z � } � W � = Q � � � � � � mJtiC� Hf- ZY � W � = U Q O «¢ W O � Q � W c� c� Q � C� OUc� Qa � C� � BILL NO. 09-24 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF LEASEHOLD REVENUE BONDS, SERIES 2009 (CITY OF CAPE GIRARDEAU, MISSOURI, LESSEE), BY THE CAPE GIlZARDEAU (MISSOURI) PUBLIC FACILITIES AUTHORITY, FOR PARKS AND RECREATION FACILITIES, STORM WATER FACILITIES AND OTHER CAPITAL IMPROVEMENTS AND FACILITIES; AUTHORIZING AND APPROVING CERTAIN DOCUMENTS IN CONNECTION WITH THE ISSUANCE OF THE BONDS; AND AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS. WHEREAS, the City of Cape Girardeau, Missouri (the "City") is authorized to enter into agreements with a nonprofit corporation formed under the Missouri Nonprofit Corporation Act, Chapter 355 of the Revised Statutes of Missouri, as amended (the "AcY'), to provide for the planning, development, construction,acquisition or operation of any public improvement or facility; and WHEREAS,the City of Cape Girardeau(Missouri)Public Facilities Authority(the"Authority") is a nonprofit corporation duly organized and existing under the Act for the purpose of benefitting and carrying out the purposes of the City, by providing for the establishment, promotion, development, construction, ownership, operation, furnishing, equipping, maintenance and leasing of facilities and equipment in the City � for the general benefit of the City, including all other things permitted by law necessary or incidental to any of the foregoing, including the issuance of obligations on behalf of the City; and WHEREAS, the City Council finds and determines that it is necessary and desirable and in the best interest of the City that the Authority: (a) issue its Leasehold Revenue Bonds, Series 2009(City of Cape Girardeau, Missouri, Lessee), in the aggregate principal amount of$20,100,000(the"Series 2009 Bonds")for the purpose of providing funds to (1) acquire, construct, renovate, furnish and equip parks and recreational facilities (including a new family aquatic center, a new community center, improvements to an existing community center, and sports complex improvements), storm water facilities and other capital improvements and facilities (collectively, the "ProjecY'), (2) fund a reserve fund for the Series 2009 Bonds and(3)pay the costs of issuing the Series 2009 Bonds; (b) enter into a Trust Indenture (the "Indenture") with UMB Bank, N.A., St. Louis, Missouri, as trustee (the "Trustee"), for the purpose of issuing and securing the Series 2009 Bonds, as therein provided; (c) enter into a Base Lease(the"Base Lease") with the City with respect to certain real estate and the improvements thereon(the"Real Property"); (d) enter into an annually renewable Lease Agreement (the "Lease") with the City under which the Authority will lease the Real Property and the portion of the Project located thereon (collectively referred to as the "Leased Property")to the City in consideration of rental payments by � the City that are to be sufficient,during the Lease Term (as defined in the Lease)to pay the principal of,redemption premium, if any,and interest on the Series 2009 Bonds as the same become due; and WHEREAS, the City Council further finds and determines that it is necessary and desirable in connection with the lease of the Leased Property and the issuance of the Series 2009 Bonds that the City and �. the Authority enter into certain documents, and that the City and the Authority take certain other actions and approve the execution of certain other documents as herein provided. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU,NIISSOURI,AS FOLLOWS: Section 1. Findings and Determinations. (a) The Authority engages in activities that are essentially public in nature. The purposes and activities of the Authority are those permitted under the Act. The Project and the Leased Property are located within the geographic boundaries of the City. (b) The Authority is not organized for profit except to the extent of retiring indebtedness,and the Articles of Incorporation so provide. (c) The income of the Authority does not inure to any private person, and the Articles of Incorporation so provide. (d) The City has a beneficial interest in the Authority and will have exclusive beneficial possession and use of the Leased Property while the Series 2009 Bonds remain outstanding. (e) The City will obtain full legal title to the Leased Property upon payment in full of the Series 2009 Bonds and any Additional Bonds(as defined in the Indenture). (fl The Authority wil) be performing activities which otherwise would be the `�/ responsibility of the City as set forth in the Lease. Section 2. Approval of Issuance of the Series 2009 Bonds by the Authority. The City hereby approves the issuance and sale by the Authority of the Series 2009 Bonds for the above-stated purposes. The Series 2009 Bonds shaU be issued and secured pursuant to the herein approved Indenture. The Series 2009 Bonds shall mature on May 1 in the years and in the respective amounts and shall bear interest at the respective rates per annum, as follows: Due Principal Interest Ma 1 Amount Rate 2010 $ % 2011 2012 2013 2014 2015 2016 2017 2018 2019 �/ -2- The Series 2009 Bonds shall be sold to Piper Jaffray & Co, Leawood, Kansas, as representative of � the original purchasers of the Series 2009 Bonds (the"Purchaser"), on the terms and conditions as set forth in the Bond Purchase Agreement herein referred to. The Series 2009 Bonds shall be in such denominations, shall be in such forms, sha11 be subject to redemption prior to maturity, shall have such other terms and provisions, and shall be issued, executed and delivered in such manner subject to such provisions,covenants and agreements, as are set forth in the Indenture. Section 3. Limited Obligations. The Series 2009 Bonds and the interest thereon shall be limited obligations, payable solely out of the rents, revenues and receipts received by the Authority from the City pursuant to the Lease. The Series 2009 Bonds and the interest thereon shall not constitute a debt or liability of the City or of the State of Missouri or of any political subdivision thereof, and the Series 2009 Bonds shall not constitute an indebtedness within the meaning of any constitutional or statutory or charter debt limitation or restriction. Section 4. Authorization of Documents. The City is hereby authorized to enter into the following documents, in substantially the forms presented to and reviewed by the City Council at this meeting and attached to this Ordinance (copies of the documents shall be filed in the records of the Ciiy), with such changes therein as shall be approved by the officers of the City executing such documents, such officers' signatures thereon being conclusive evidence of their approval thereof: (a) Base Lease between the Authority and the City, under which the City will lease the Real Property to the Authority upon the terms and conditions as set forth therein (attached hereto as Exhibit A). (b) Lease Agreement between the Authority and the City, under which the Authority /ll1!II� will lease the Leased Property to the City upon the terms and conditions as set forth in the Lease � � (attached hereto as Exhibit B). (c) Tax Compliance Agreement (the "Tax Compliance Agreement") among the Authority, the City and the Trustee, setting forth certain representations, facts, expectations, terms and conditions relating to the use and investment of the Series 2009 Bond proceeds (attached hereto as Exhibit C). (d) Bond Purchase Agreement dated the date of its execution (the "Bond Purchase Agreement") among the Authority, the City and the Purchaser, under which the Authority agrees to sell the Series 2009 Bonds to the Purchaser upon the terms and conditions as set forth therein (attached hereto as Exhibit D). Section 5. Approval of Indenture. The City hereby approves the Trust Indenture between the Authority and the Trustee, in substantially the form approved by the City Council at this meeting and attached to this Ordinance as Exhibit E, pursuant to which the Series 2009 Bonds will be issued and the Authority will pledge and assign the rents, revenues and receipts received pursuant to the Lease and all of its rights pursuant to the Base Lease to the Trustee for the benefit of and security of the Bondowners upon the terms and conditions set forth in the Indenture. Section 6. Execution of Documents. The City is hereby authorized to enter into and the Mayor and the City Clerk are hereby authorized to execute and deliver,for and on behalf of and as the act and deed of the City,the Base Lease, the Lease, the Tax Compliance Agreement,the Bond Purchase Agreement and such other documents, certificates and instruments, including without limitation a continuing disclosure � agreement or certificate, as may be necessary or desirable to carry out and comply with the intent of this Ordinance. -3- Section 7. Preliminary Official Statement and Official Statement. The City Council hereby ratifies and approves the Preliminary O�cial Statement in the form attached hereto as Exhibit F, and the j � final Official Statement is hereby authorized and approved by supplementing, amending and completing the ���,� Preliminary Official Statement, with such changes and additions thereto as are necessary to conform to and describe the transaction. The Mayor is hereby authorized to execute the Official Statement as so supplemented, amended and completed. The City Council consents to the use and public distribution by the Purchaser of the final Official Statement in connection with the offering for sale of the Series 2009 Bonds. Section 8. Further Authority. The officers, agents and employees of the City, including the Mayor,the City Manager and City Clerk, shall be, and they hereby are, authorized to execute all documents and take such actions as they may deem necessary or advisable in order to carry out and perform the purposes of this Ordinance, and to carry out, comply with and perform the duties of the City with respect to the Base Lease, the Lease, the Tax Compliance Agreement and the Bond Purchase Ageement, to make alterations, changes or additions in the foregoing agreements, statements, instruments and other documents herein approved,authorized and confirmed which they may approve,and the execution or taking of such action shall be conclusive evidence of such necessity or advisability. Section 9. Conveyance of Leased Property to City when Bonds are Paid. The City Council hereby declares that the City will accept from the Authority conveyance of unencumbered fee title to the Leased Property after all the Series 2009 Bonds and any Additional Bonds have been paid or payment therefor has been provided for in accordance with the Indenture. Section 10. Severability. If any section or other part of this Ordinance, whether large or small, is for any reason held invalid, the invalidity thereof shall not affect the validity of the other provisions of this Ordinance. Section 11. Effective Date. This Ordinance shall take effect 10 days from and after its final � passage. PASSED by the Council of the City of Cape Girardeau, Missouri,this_day of , 2009. [SEAL] Jay B. Knudtson,Mayor ATTEST: Gayel L. Conrad, City Clerk First reading: January 20, 2009 � -4- EXHIBIT C � TAX COMPLIANCE AGREEMENT [On file in the O�ce of the City Clerk.] � � EXI�BIT D � BOND PURCHASE AGREEMENT [On file in the Office of the City Clerk.] �/ � EXfIIBIT F � PRELIMINARY OFFICIAL STATEMENT [On file in the Office of the City Clerk.] � �J CERTIFICATE � I, the undersigned, hereby certify that the above and foregoing is a true and correct copy of the Ordinance of the City of Cape Girardeau, Missouri approving the issuance of Cape Girardeau (Missouri) Public Facilities Authority, Leasehold Revenue Bonds, Series 2009 (City of Cape Girardeau, Missouri, Lessee), adopted by the City Council on � 2009, as the same appears of record in my office, and that said Ordinance has not been modified, amended or repealed and is in full force and effect as of this date. DATED: ,2009 (Seal) City Clerk � � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter No. 09-36 Agenda February 17,2009 The Honorable Mayor And Membexs of the City Council City of Cape Girardeau,Missouri Dear Mayor and Council Members: RE: An Ordinance Authorizing the Mayor to Submit an Application to Acquire Surplus Federal Property for the May Greene Garden Park This is a request to execute an application for the National Patk Service's Federal Lands to Parks Program to acquite surplus Federal propextp for park and recxeational use under the provisions of 40 U.S.C.-550 (e). For the pxoperty referenced as: Federal Buildi.ng and Courthouse 339 Broadway Street Paxcel#2-May Greene Garden Cape Girardeau,MO G3701 GSA # 7-G-MO-0673. The May Greene Garden Property,0.186 acres,is located on the corner of Fountain Street and Themis Street in the City of Cape Gixaxdeau;just south of the old Federal � building and Courthouse. It is a portion of a pxe-existing garden and homestead of May Greene. E�usting unprovements include signage identifying it as May Greene Garden,an information kiosk,and two benches. The site was maintained to various degxees since that time,but steadily deteriorated until 1988 when the General Services Adtninistration agxeed to allow the city and a committee known as the May Greene Garden Association to use and maintain the site as a public park. The Association provides plantings and maintenance of the trees,shxubs and flowerbeds. The City provides mowing,trash removal and othex services as may be necessary. However,the City of Cape Girardeau Parks and Recxeation Department assumes total responsibility for the care and maintenance of the site should the association discontinue their involvement in the future. Staff recommends approval of the ordinance for the application to acquixe surplus Federal property for the May Greene Garden Park. Respectfully Submitted, 'l D� ' '-1 Ken Eftink Assistant City Managex Director of Development Sexvices � ���°�°%- � Douglas K.Leslie City Manager � � � � ;:,,,,r � - y �b `� r ai �-�`* � �� .. . � , � �. � w ._. , ,� . 4 . ': _,: `, 4 '�i >: � ��� _ ��} -�-�s�a "s; . $; � =' � ,. �. , , � � � � � , m ?' �. � �J3t� ,��� - _, _ =s .'* �, . `��`�� "� .�a�''�'-�"'�"..� '� J � � , : �� °� F�'��e: `�1 -t + -- � ..e � � V� � r '�� �S��;a. , A�c� W <� f � '..rA�a""o.+�&..��yr�i�..-r�•�� �" .. ��� S a� .. n I � � �, .,� "�� tn �- � a��. ,� ; � � 'i. p �°" � : 4' � �. � ,§� � � �"� �Ki t+ �� � ��:: `�Y'^��ca.w...._ rtS:` Sf t�' , „�rea �f �x �,. O 1 '': �„-. i�� � �� �x �r d b "O � C ��'a ��' � �� --*�j �' � � N � J ' x� i � ^�' „� . �' � �� � , � � � � I � � (0 � � r ;' � ; , . . •,„ _ � t �. � 0- �, f � $ � � � N £ 7, , m � � y � O �` N ��� m _��� Vr . . 1.� ` .. � � ._ _ � � ' � .�+ � F � . . . � � � •�,... ���P y�. ,� ", . .. y. 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R�A�WAY STREE"1- � FOR:MAE GREENE GARDEN � � PNti Of LOf M RAlqE 0 N TME pi1'Oi CAK OIRMDEAY. � � ��o�remmtcuu�r ocsawm er�res�wo POINT Of BEGINNING OF ENTIRE PARCEI AND 's�• � �o1�iN�'�a�'°ct"'d�"�xMw�M�°'""��►N'�°M' POINT OF COMMENCEMENT � ���'•�"""' I o M.ae a..e+w a»tia....r«.�ar cw►a�e-d-M'w ' I.qqs TOT ue.w n�su.a.w�M»s�n�-.�-ww�•« OF MAE GREENE GARDEN " ``ti A�'RES �restiqq iM�w S.OTOS'it1Y..daq wM Eaf�1-d-rM/ti�.• MORTHNiET7 CORNER OP LOTsB.RANGE MhM�N 37�.it tM N a i/Y in�MO a�d MI�!OM►OF tSIED CRO55 6 5 iFET �60M�i110:M�ww oadMMr S.OT07'32'M«e ddw�w N 73.71 Mt 1� 'D'TO THE CITY Of CAPE GIRARDFAU.MO NaRrnEuv oN tn�E a t/1'Yw�RM at Nw SwIAwA Caew N wW ut N.dN WM I p»y�y�o�an d tM Ed pyhtrof-Mq t,Y»M faMioin SY�M rlih 1M NeAh 10/M-d-rhl lYM N 71r�N��h,wwno�S.8TS1'Si'E.. � dpp Mf�oy MyAl-af-Wry,e dMano�M if0.Z1 1Mf ie e 1/Z' kao Mk 1hwo�MV��M han atd byM-M-1hY•NAT06'S7'f..e ' dNlrw��f NJa fwl 1�a p�CrwK IMne�N.tY3Y42'M-.�o ' �"� �Is�a�ef f.OS}sd M• t/Y Men M�Mw+w MAi'27'1fY..e 9 �� Adwe�M ifb t«R 1�0 1/2'Yen Mdi M�w�N.it'N'i0'1I..a � �lene�e}lOS.37 h�f t�f»PON�OF iE011Mi6.QadoY�MM Qtl6 ,e..,�.«w..w a»ay ae ee�.ar or�orea.w. � F�jEfL9LBUl 9 iR,..�.i. �.v«9�..q b� LD Surveyx��Oal�d J�Ar�200�. SubHd 1s oddM�C[a�w�ab ' . �C 3 � � � � f REFERENCES � ~ oocuwo+t izoos-is�4o(�) � N � ('� ,qyr, �cao w.�t ov wrces roa crn or c,�rc c��u ' � � ruoir swvns er r�s /us9 rwoe su�vers er rts f�z�e I . � rwoR s�rRvers ar ns�+sz 'Q � rroort survErs er ns �s�a � ���s,62� � Z $ � AEn1AL PHOTOGRAPH ' I O � I ,' �' � I ' i 'r I � I t 1'ARKING,(,pT z LEGEND "'�°"°" I i � � g • scr,pe-aoo�w u�r ► � �W •' � • ''0U1D R0N R0D POINT OF BEGINNING ' '' � � l ' ��0�u � ' �� = g � �� OF MAE GREENE GARDEN ,z. + i ° =8 a o cucuurto cassR rosmoN "E T"'"e+cw,,u g�Y e cnua r werw racc raar I +� � � 8 m �sro�cwn�� ' ��n�:ka�.�� _� ' � � :. MAB GREF�,E.G�EN _ � � .-.�-. cxarwo�x u� � ~ 0.186,qC�S � ,�n°n° � g � nr.a�e e.ah�ti a wteo�.+una sw..r.r.na».v»rw r-_J tl» e�r ...«+l.d N«».l.r.eaplbe�a�.Ae�by M» 1 amaMd hMd,�hkh SvwP b frw aW ea�et aH�w � �awNd b pw M�f M iwI�Ml'.tn eaMamane��Ah 1M MC2'31 tvrwH INnY1Mn SlonEaNt tor hepKly Bandary S�r�w/�ln 1M � SM1�d MqouA.CMn uWv�haW and s�al of Cap ��.76' OkorWou.MweuA 1N� iSlh daf'ot JuM.A.D.2007. // � rHEMis srREer � �wb sum�cro�Mo. �s g / �_� , vac Fae�cow nws_o�r ov � / ��n+c o�a tHc�av ocEos M c�vc � ("' __,—— _ ( ppARDEµ1 CqNf1Y AT JApG40N,MSSOIMtl M SURVEYORS PUT I �� L � ppU NQ. AT PACE N0. ' GRA�� $�A�� � � �\ ' � • w s r lANET AOBER►.RELOROER OF OEE05 V \� <a�) �urtenn wrtvm i rr.ao a � Pu u� o ��`���"�,��,� °�"�: "� `��: � Rl CHARDS �� � �ntwrnet core aw�aornu.wo se+iE r'3°, OAiE 7/15/07 p�idt 7B13 6REENBRIER DR..CAPE GIRARUEAU,A,HS90UR1 F¢o¢wu euwoxac rt�o5ozi �ac� Q PFfONE 8 FAX (5731339-7173 BILL NO. 09-31 ORDINANCE NO. � AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN APPLICATION WITH THE U. S. DEPARTMENT OF INTERIOR, THE GENERAL SERVICES ADMINISTRATION AND THE NATIONAL PARK SERVICE TO ACQUIRE SURPLUS FEDERAL PROPERTY KNOWN AS MAY GREENE GARDEN IN THE CITY OF CAPE GIRARDEAU, MISSOURI, WHEREAS, certain real property owned by the United States of America, located in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, has been declared surplus and, at the discretion of the General Services Administration may be assigned to the Secretary of the Interior for disposal for public park or recreational purposes under the provisions of 40 U.S.C. § 550 (e) , and any regulations and policies promulgated pursuant thereto, more particularly described as follows : Federal Building and Courthouse 339 Broadway Street, � Parcel #2 May Greene Garden, City of Cape Girardeau, Cape Girardeau County, Missouri Acreage of the total property requested: 0 . 186 acres General Services Administration Control Number for property: GSA# 7-G-MO-0673 Whereas, the City of Cape Girardeau needs and will use said property in perpetuity for public park or recreational purposes as set forth in its application and in accordance with the requirements of said Act and any regulations and policies promulgated hereunder; BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI AS FOLLOWS: ARTICLE l . That the City of Cape Girardeau, Missouri shall make application to the National Park Service for, and secure the transfer to, the above-mentioned property for said use and subject to such exceptions, reservations, terms, covenants, agreements, conditions, and restrictions as the National Park Service and the Federal disposal agency may require in � connection with the disposal of said property under said Act and 2 the regulations and policies issued pursuant thereto. ARTICLE 2 . The City of Cape Girardeau, Missouri has legal � authority, and is willing and able, to properly develop, maintain, operate, and assume liability of the property, and that Mayor Jay B. Knudtson is hereby authorized, for and on behalf of the City of Cape Girardeau, Missouri, to do and perform any and all acts and things which may be necessary to carry out the foregoing Ordinance, including the preparing, making, and filing of plans, applications, reports, and other documents, the execution, acceptance, delivery, and recordation of agreements, deeds, and other instruments pertaining to the transfer of said property, including the filing of copies of the application and the conveyance documents in the records of the governing body, and the payment of any and all sums necessary on account of the purchase price thereof or fees or costs incurred in connection with the transfer of said property for survey, title searches, recordation or instruments, or other costs identified with the acquisition of said property. 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 STATE OF MISSOURI ) � ) ss . COUNTY OF CAPE GIRARDEAU ) On this day of , 2009, before me appeared Jay B. Knudtson, to me personally known, who, being by me duly sworn, did say that he is the Mayor of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. LaDonna Laub, Notary Public � My Commission Expires : August 4, 2011 � 4 CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter No. 09-37 Agenda February 17,2009 The Honorable Mayor And Members of the City Council City of Cape Giraxdeau,Missouri Dear Mayor and Council Members: RE: Lynwood Hills North Subdivision—RECORD PLAT The owner of the property known as the Lynwood Hills Noxth Subdivision has submitted xecord plats. Previously in 2003, three duplexes on the North of Lpnwood Hills Drive wexe divided into separate units.T'he ownexs of one of these duplexes,located at 2820/2822 Lynnwood Hills Drive,axe requesting to divide the land where the duplex is located. Since the duplex is already divided into sepaxate units and since acceptable plats have � been received,planning staff recommends approval.The Planning and Zoning Commission xecommends approval by a vote of 8 in favor,0 in opposition,and 0 abstaining. Respectfiilly Submitted, '�.. Ken Eftink Assistant City Manager Directox of Development Services ��%y%� � Douglas K.Leslie City Manager � Aerial Map of 2820/2822 Lynwood Hilis Dr. 2,4,09 '� �yF~ _ 'y.- �. � 1 ��.„(:;1 �� <.sjL�i�f u�� ��� ^� h��. ' ��;, r� d� � .�� �t .y.', % � o� ,� : ; . �o ���l ,� �- `; 7e/ � � # { �, ` `• � a • �' ; p�'` .v i. � `'�l�fa 4� � ��.. ��:: F� ����^� . � j~ M s� � c '� .�; � � �;c�-,M �I . ' <.: �. � . . . . . y�.��y�� x,�r� v h �� �-`�r �. �C 5 � � 'I� �'�� $ Y ''�. 'f _' S J' r,...��kz A � �'. �.� I !�'�`. i �" 1 i .�vS }b��'�t .�3 ` :E i � r `k s E�.�� .�.». 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I j1 � �� t = , " � � a 1� � w 7� I . � � � T � 1 i; � i � � c; s��� �� j � � #g�� , �i- ��� �� e�+Rs @ �r --��.;e�...� - - ' ��s �� a���6� �e� $ '� ,ww, � ,rE� Q ...• l'a. . ry■+•v�sn�va+�Y •we+�ir"+n i � � �� `�� �wi r+w I � � aw sri.: � ' ���i#` a ' � 3�r� " ` � �' � � ' Y.q� � g � 1 ���� � � ;� � ;� .� a i�� �� . �u�� a;! � # . ���a ��� e�_ ! � �_t�� r � a � �.,° �� �t ���a�3 ��s �s���'�3�3������1� � Y � � �" ��� �sE� �� �,•����i ,j;£l�'� � , �rt j � � ; r � � � ��°� , °�p�����I�;,s' ��" � � �# �j� �g�� � as������;'l3i�y� ;� Y '� � itsj s". g9 � � � ����=ii�€�i��l�i�� � � �� �� �� �� 9 �� � ����� 3�3,� g�l � � � .�� ��� � � � �i . ��, it s ,� �F ���.�j�����ti,s� � �-� k � 1€�� � �s!� °�`�A��� ���l�i� _'� � � � a��Etl s �3E � s � L , � � ��������.�# ������,;����_� � CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: ���,woo� ��� �0��'� �1���.r.'ov� Index# Project Location: Attach surveyor's legai description on CD in State Plane Coordinates ' � This application is for: ❑ Single-family residential � Multi-family ❑ Non-residential O Preliminary Subdivision Plat 0 Record Plat (of an approved prefiminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) ❑ Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $9d.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2"d 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 8�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 Differentl: Name: �if�N f�"L� � (�{/''(�/YV/l� S Name: Firm: r� � Firm: - A dress: �S �o--��o.p � !/S ���e Address: ��r�° � � �r.s�r►7•P�c 3 �'a� � Phone:5�3-6.�/-/85�ax: Phone: Fax: E-mail: G�.��t•l�.'YI ca fl�"",�'���c'��!E-mail: v PROFESSIONAL SURVEYOR/ENGINEER: DEVELOPER Name: /� !?' . � d� � � Name: Firm: � ✓ y � Firm: ddress: � . ��Q Address: � ('o ,'� a� Phone�7 3 33�6� Phone: Fax: E-maiL E-mail: 1, the undersigned, do hereby state that 1 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 th ormal action by the City Council is not unnecessarily delayed. Signature of Applicant ��_ Date: ,� O.5'� 4 p •/Ji4i.�i.fi,i/il.�f.P,iii.ii.iGPl,►a►i,�iii�i.►ii/.►�iil�/��Ai.�/.G„Citl�/�i„tl.rii�.r�ui.1►Tir;scrrq/iiii i.i�IfAl�!c.�/itiiw,iiiiiit�i,►i�►isi9lsi.�i,iiimiii iiisn�iilsitiwi.�a►iiiwi�iririn►iyie�i�li{r, �z-.; 't it''.n� 'z-�F 'x - u s ..�: 1<.s'a�x-a�`F �,� } ���•r,j �. . x � .+ � _ � ,s-� a y `�2Fr � :.: vx ��J �, �.� N`�k a �,�' r,� ;ri �r-�-r�L�y,,..7`�' .�,�,,f�:�F ,y� . � Z 'f :� r'�:�.''�' .�' �s `£',� a�" . � h `*�`�/ i ..� ��' yf r �c, , .y r,s , g" F _ € s '� �r x-. .� � �' . '',�,��C..� .• L" ,�g�- y,�'�•".�'r�� � .'4``r���i.c�"�� � x .. a !r� .� .i +�`-����� y � -' �$".t',i - ��' s-�'•��F�'z'��. �3� �c.�v aa r �;� -� �' �Y�i � ;' r �t�`. ,g ��... _ H 3`�• ++ �a. +� ` a,� ?n:. ¢ � � f' '�sx y "'� �; "'s� >.:�, s-• x e r;�-,�Y`� ^� - '� .�. : �� ' . rsfl7 . y , _�� _ �zz�t� �.. '�+Y� � �y,�y� a . �� 3 � �� ���� � �:'..F � �' � � .� 9,��S �"`�vtr � � . �f� .�s';�,�al=a. �..�� ,� €a�� *� ;,,,,. y-� �iY �.::r•t� e�-y n� i 4 � „', �, � v �, f � t . � �, ,�c� � �s� a�, wnrr,�����s,```���'� �}� ,.?� ��t'�T � � �.�'«� ,� �.*''. �.:.,,, 3d ���r,. .v�rF .A t`"4� K` .�� a :i. �-y � y ,�"`".,�T�' ./ .�.ai?.�'!�4 ��-+' ±j��� ,p� �k �� �� � %�^ ,y�4� a - 'P"�r '� ii��'t' ��t�� .-i�ynF•,,;': 4. . F 4�F�-Y'�"'.tty;�s5 �i*' 'r�"-���s F �.. �,. �i� i k�,.� 4 _ .4 i,� .,�g,.�,n �r�.p�,� � � �� ? K`��Eyr �s#�s�'��� ��}3` s � %; n _ y�r�Y�s'_K p �,.-'` ,t c''`' �'kc`� ' c.^'�;: � ,�,�.'?� r 4,�+a n�- � i� .r�' ��x ji�"c��. g fs �` `b k�i.�y��� �� '� � 4 .".ei # �� �� ,r .. +,Ci F... �, i ;i^� .Q :�A..4� y �i'.�.(• �' " � �i�� Y � �� ' ;:- �':"'+k�J ���..�'Y� �,w�73=� �;w. a-x.y ��`"� �}z'�#i�a:sc.� `"s ' '� ����"`� �c��`� . .�, i'� �.���,�-� ���.;t� � '� Y, 2 � '�� x��r .} r rX��'"� . �'����� � .,, �.r5' + fir''��4r ` ..,. �,��r��� s t... 4.�c^3 `.,...s . . � s�;' � ` k ,�."?5 r�.��" �,m� Y �+, € ��'�''::;.�:..t�- . zwa���w-t,�t�l�_�., ,�,� r � r �.. ��s : �� .`�i^�y�ha''y4t;..;� s,��;�r. ..> t G „..w �f .._: �7 � • - .. - �: � • �'l�ib'i�r'ii'rY fii�i+7ii.iiis'irl�i`Ji13".�i�'fl+7�ii�rY�"iiis✓i•ro/1"�7ir�i��i+/•r�ifi�driis��bti7�l3r' - �i/i����J)iii�/yi�rii%is'�iJi%fi°��'iYdiYr�3iiJi�iY�i�+iiiri�iiiaziii�.i'ii'iiil%�iY7Yli'iJiii/ii3%ii� BILL NO. 09-34 ORDINANCE NO. � AN ORDINANCE APPROVING THE RECORD PLAT OF LYNWOOD HILLS NORTH SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The record plat of Lynwood Hills North Subdivision, being all of Lot 03 of Second Amended Plat of Lynwood Hills Estates and being all of All of Units 5 and 6 of Lynwood Hills North Townhouses in Section 23 , Township 31 North, Range 13 East, in the County and City of Cape Girardeau, State of Missouri, submitted by John A. Hillin, Amy L. Hillin, Anita L. Hillin, Ronald Wene and Virginia Wene, bearing the certification of Timothy Joseph Sander, a Registered Land Surveyor, dated October 1, 2008 , 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 � � CITY OF CAPE GIRARDEAU, MISSOURI OfFce of the City Manager Council Letter No.09-38 Agenda February 17, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Resolution Authorizing Release of Lien — Rental Rehabilitation Program Attached hereto please find a resolution authorizing the release of lien for a forgivable rehabilitation grant on the property of Bryan Smith and Sherrie Smith located at 531 South Hanover Street. The time of this forgivable rehabilitation grant has expired and the lien can hereby be � released. � The total of the forgivable grant is $14,000.00. The amount of the lien to be released is $14,000.00. The staff recommends adoption of the attached resolution authorizing the release of lien. Respectfully submitted, � . Ken Eftink Director of Development Services/ Assistant City Manager /`� U:�Gv Douglas K. Leslie City Manager KE/DKU ssw � BILL NO. 09-29 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN ON PROPERTY LOCATED AT 531 SOUTH HANOVER STREET FOR THE RENTAL REHABILITATION PROGRAM WHEREAS, the City of Cape Girardeau previously entered into an Agreement dated May 20, 1994, with Bryan Smith and Sherrie Smith, for the grant of funds to make repairs to the residence at 531 South Hanover Street, - Lot 2, Block 3, Giboney Houck' s 4th Subdivision, in the City of Cape Girardeau, Missouri, all pursuant to the Rental Rehabilitation Program, and WHEREAS, that grant agreement was recorded in the land records of Cape Girardeau County in Book 715 at Page 206 and the time period has now expired; and WHEREAS, it is the desire of the City of Cape Girardeau, Missouri, to release the lien created by the agreement dated May 20, 1994 . � NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : SECTION 1 . The City Manager is authorized to execute a Release of Lien and to cause said Release to be recorded in the land records of Cape Girardeau County, Missouri, so that the above described property may be free of any lien or claim by the City of Cape Girardeau, Missouri, by reason of the Agreement dated May 20, 1994, and recorded in Book 715 at Page 206 of the land records of Cape Girardeau County, Missouri. PASSED AND ADOPTED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � CITY OF CAPE GIRARDEAU � Office of the City Manager Council Letter No. 09-39 Agenda February 17,2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Channe[S Equipment Warranty Dear Mayor and Council Members: In March 2005, the City purchased a new, digital system for the operation of Cable Access Channel 5 from Synergy Broadcast Systems. This system has allowed for many additional programming options. In Mazch of 2006, the City purchased an extended warranty agreement to cover maintenance for the system, and the agreement is now up for renewal. Staff recommends that the Silver Level of Support under the Warranty Agreement be continued. The Silver Level Maintenance Program covers parts, labor and repair of the primary � system components during the contract period. On-going support and telephone support is also included. The cost of this extended warranty agreement is $4,500 and is included in the Public Information Office operating budget. It is recommended that the City Council authorize the City Manager to enter into an agreement with Synergy Broadcast Systems for a Channel5 Equipment Extended Warranty. Respectfully submitted, �G(�k� Gayle . Conrad City Clerk � (������ Douglas K. Leslie City Manager � BILL NO. 09-30 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SERVICE AND SUPPORT AGREEMENT WITH SYNERGY BROADCAST SYSTEMS FOR CHANNEL 5 EQUIPMENT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : AR.TICLE l. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Service and Support Agreement with Synergy Broadcast Systems for Channel 5 equipment, in the City of Cape Girardeau, Missouri . A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 � Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � � SYNERGY � � Broadcast S stems y SERVICE AND SUPPORT AGREEMENT This agreement is made between Synergy Broadcast Systems, 16115 Dooley Road, Addison, TX 75001 and: Customer Name: City of Cape Girardeau Contact Name: Gayle Conrad Address: 401 independence City, State,Zip: Cape Girardeau, MO 63701 Synergy Broadcast Systems agrees to maintain the equipment and software specified in accordance with the Service and Support Agreement Options described for the time specified. Contract Term: Start: 3/25/09 End: 3/24/10 System Configuration: Level 4 (Level 1 —9) Level: Gold $6,000 Connectivity: VPN N/C Silver $4,000 Internet N/C � Bronze $2,000 Modem � 500"` TERMS AND CONDITIONS Annual contracts are valid for one year from the date Synergy Broadcast receives payment. Three-year contracts receive a 10% discount but must be paid in full for the duration of the contract. Year-to-year contracts are not automatically renewed. Renewal occurs each year with payment for that year or a purchase order to begin the process. Hardware support is limited to five years. ''Modem access is an additional$500 annuallv. Credit cards are processed through PayPal. TERMINATION OR CANCELLATION In the unlikely event that you become dissatisfied with our work or believe we are not living up to the standards set forth in this agreement you should: 1. Provide written notice and allow us to rectify any problems. 2. If this fails you may cancel your contract on 30 days written notification. CUSTOMER SIGNATURE: P. O. Number NAME: Amount: $ ¢�� �C�((�, °`� *Be sure to include additional TITLE: $500 for modem access. � DATE: Synergy Broadcast Systems"16115 Dooley Road"Addison, TX 75001 800-601-6991 '972-980-6994 FAX" www.svnerqvbroadcast.com Prices Valid for 2009 Calendar Year"Revised December 2008 � r O (O 'F � T Q 0 � � Y N � � C C � I.L � C GN W � I.f� O O O � � � N � � N L E d � d � ,.«y_+ � LJ. 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To ensure that your system operates properly and software is kept up-to-date after the warranty we recommend you consider purchasing an Extended Service and Support Agreement. Coverage can be purchased on all hardware and software manufactured by SBS. This document describes the options available. Gold Service and Support The Goid Level Service and Support Program provides the same benefits as Silver and Bronze but offers additionai coverage inciuding 24/7 and weekend/holiday phone support. The Gold Level covers the repair of primary system components, which may include a Digital Server, Encoder, Master Control, WebCaster, MediaServer, ServerLlNK, BugCrawler, Informa and FireBird. Covered repairs include parts, bench time and two-day shipping both ways. In some situations the diagnosis will indicate that a part can be shipped and installed by the customer rather than returning the entire unit it SBS. Customer must sign or authorize a Warranty Exchange Agreement prior to shipment. When a new part is provided the defective part must be returned to SBS as part of the Warranty Exchange Agreement or an invoice will be submitted for the price of the part. � Loaners are available with expedited (2-day) shipping included. Customer must sign a"Loaner AgreemenY' prior to shipment. If a site visit is necessary or requested, labor expenses are included as part of Gold Level coverage but travel expenses must be authorized via purchase order and are billed separately for each visit. Labor is only included on repair or re-installation of repaired products. Standard labor rates apply for installing new products or upgrades. Technology changes very rapidly, if a standard part is no longer available to repair a covered component because this item has been discontinued or is designated "end of life" by the manufacturer and there are no suitable substitutes available we will provide a quotation on the cost of reconfiguring the component to return it to acceptable operating standards. Additional benefits for Gold Level customers include password protected access to our Forum' and Knowledge Base2, Phone and On-Line Assistance for adding new components, email Maintenance Reminders as well as On-Line Assistance in performing these maintenance activities, after hours and weekend support, annual case recap and up to 12 hours (total) of On Line Training for new or existing employees. On-line Maintenance assistance includes accessing your system to inspect the hard drives and storage, defragging drives, analyzing log files, checking back-up files, verifying software versions, etc. A complete list of activities is attached. In addition to covering hardware components we will also provide on-going software support and upgrades. Software upgrades will include bug fixes, minor modifications, improvements and enhancements as they normally occur in our development process. Upgrades for Gold Level customers are available via ftp download and all Gold Customers will receive a CD-ROM. � Forum should be on line during the 151 Qtr of 2009. � Z Knowledge Base should go on line in 1S'Qtr of 2009. Synergy Broadcast Systems" 16115 Dooley Road*Addison,TX 75001 800-601-6991 "972-980-6994 FAX' www.svnerqvbroadcast.com Prices Valid for 2009 Calendar Year"Revised December 2008 Hardware support under the Gold Levei option is limited to five years from date of instailation. Per Incident Fees and Charqes for Gold Level Customers �,,,� Site Visits: $1,500.00 Overnight Shipping for Parts: $50.00 Overnight Shipping for Components: $125.00 Modem Based Support: $500 per year Silver Service and Support The Silver Level Service Program provides the same benefits as Bronze but offers expanded coverage to include in-house hardware repair for covered system components including Digital Servers, Encoders, Master Control, WebCaster, ServerLlNK, MediaServer, BugCrawler, Informa and FireBird. Covered repairs include parts, bench time and ground shipping. In some situations the diagnosis will indicate that a part can be shipped and installed by the customer rather than returning the entire unit it SBS. Customer must sign or authorize a Warranty Exchange Agreement prior to shipment. When a new part is provided the defective part must be returned to SBS as part of the Warranty Exchange Agreement or an invoice will be submitted for the price of the part. Loaners are available with ground shipping included. Customer must sign a"Loaner AgreemenY' prior to shipment. Expedited shipping is at customer expense. Customer must retain all shipping boxes and packing materials to avoid additional charges. If a site visit is necessary, travel and labor expenses must be authorized via purchase order or signed quote and are billed separately. Phone assistance is available during normal business hours only (8:00 am to 6:00 pm Central Time Zone). On Line assistance is also available during normal business hours via VPN or Internet access. Dial up access is an extra $500.00 per year due to the extra time necessary to utilize this type of connectivity. Technology changes very rapidly, if a standard part is no longer available to repair a covered component because this item has been discontinued or is designated "end of life" by the manufacturer and there are no suitable substitutes available we will provide a quotation on the cost of reconfiguring the component to return it�„� to acceptable operating standards. In addition to covering the hardware components listed we will also provide on-going software support and upgrades. Software upgrades will include bug fixes, minor modifications, improvements and enhancements as they normally occur in our development process. Software upgrades for Silver Level customers are available via ftp download and CD-ROM. Additional benefits for Silver Level customers include password protected access to our Forum' and Knowledge BaseZ, Phone Assistance for adding new components, email Maintenance Reminders and up to 5 hours (total) of On Line Training for new employees. Hardware support under the Silver Level is limited to five years from date of installation. Per Incident Fees and Charqes for Silver Level Customers Site Visits: $2,500.00 Expedited Shipping for Parts: $50.00 Expedited Shipping for Components: $125.00 Modem Based Support: $500 per year Bronze Service and Support Bronze Level Service and Support provides basic software and phone support during normal business hours from 8:00 am to 6:00 pm Central Time Monday through Fridays. � Forum should be on line during the 15'Qtr of 2009. � 2 Knowledge Base should go on line in 15'Qtr of 2009. Synergy Broadcast Systems"16115 Dooley Road"Addison,TX 75001 800-601-6991 *972-980-6994 FAX"' www.svnerqvbroadcast.com Prices Valid for 2009 Calendar Year*Revised December 2008 Software support and upgrades are available on all Synergy Broadcast Systems software products and includes assistance with trouble-shooting, bug fixes, minor modifications, improvements and enhancements as � they normally occur in our development process. Software modules that are considered options are not automatically included unless these options have been purchased. Software upgrades for Bronze level are available via ftp download or CD-ROM. Bronze Level customers also have password protected access to our Support Forum�and newsletters for alerts and relevant information. Loaners are available on a limited basis for a fee and the customer assumes responsibility for all shipping and handling charges. Customer must sign and authorize a "Loaner AgreemenY' prior to shipment. Customer is responsible for in-transit damage on loaner return. If parts or a site visit are requested a PO or signed quote is required for billing purposes. On Line assistance is available via VPN or Internet Access. Modem or dial-up access is an additional charge due to the extra time it takes for this type of connectivity. Per Incident Fees and Charqes for Bronze Level Customers Phone assistance for third party components. $75.00 per hour. Bench Work: $75.00 per hour. Site Visits: $1,000.00 per day plus expenses. Loaner: $250.00-$500.00 Parts: Quoted as needed. Shipping and Handling: Quoted as needed. Modem Based Support: $500 per year Support Level Comparison A comparison of support levels and features is shown below: � Synergy Broadcast Systems Extended Service and Support Levels Support Feature Bronze Silver Gold Phone support durin normal business hours ♦ ♦ ♦ Email support during normal business hours ♦ ♦ ♦ Software upgrades on VLM ♦ ♦ ♦ Software U rades for Bu Crawler and Informa ♦ ♦ ♦ Aceess to Support Forum ♦ ♦ ♦ Monthly newsletter updates ♦ ♦ ♦ Maintenance Reminders via Email ♦ ♦ Phone Assistance when Addin New Com onents ♦ ♦ Free Loaners with Ground Shipping ♦ ♦ In-House Repair included parts, labor and ground shipping ♦ ♦ Password access to Knowled e Base ♦ ♦ On Line Trainin U to 5 Hours) ♦ ♦ On Line Training (Up to 12 Hours) ♦ Maintenance Reminders and On-Line Assistance ♦ Ex edited Shi in on Re airs ♦ Expedited Shipping on Loaners � Phone Support After Hours and Weekends ♦ Free annual report on Support Cases ♦ Labor included on Site Visits (excludes installations) ♦ � Forum should be on line during the 15'Qtr of 2009. � 3 On line training hours expire at the end of each contract period. Synergy Broadcast Systems" 16115 Dooley Road"Addison,TX 75001 800-601-6991 *972-980-6994 FAX" www.svnerqvbroadcast.com Prices Valid for 2009 Calendar Year* Revised December 2008 WHAT TO EXPECT WHEN A PROBLEM OCCURS 1) Please call us as soon as a problem occurs so we may begin trouble-shooting. Do not reset or � change anything it at all possible. If you must reset or re-boot please make a note of any error messages or codes as well as what was going on when the error occurred. 2) Once a problem is reported we will assign a case number and track all associated activities. Phone calls will usually be followed up with an email of findings or next steps. 3) We will access the system with a VPN or IP connection to check log files and error messages. Dial-up or modem connections can be used for this but take much longer. 4) We will work to determine the cause of the problem and respond with corrective action such as: • Additional assistance over the phone. • Download or provide a software update. • Provide parts or other components such as cables, connectors or fuses with explicit instructions on installation. In the event that we are out of stock of a particular part we will make every effort to secure the part from a supplier as quickly as possible. • Provide a loaner product, if available and feasible. • Dispatch a Field Service Technician. • If a problem cannot be identified the circumstances surrounding the situation will be logged for future reference in case it repeats and more information is available. Synergy Broadcast Systems is not responsible for delays due to weather conditions, flight problems, shipper errors or similar problems beyond our scope of control. Synergy Broadcast Systems reserves the right to substitute compatible components should availability or supply problems occur. � � Synergy Broadcast Systems'16115 Dooley Road*Addison,TX 75001 800-601-6991 "972-980-6994 FAX* www.svnerqybroadcast.com Prices Valid for 2009 Calendar Year*Revised December 2008 � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Lettex No. 09E�40�- Agenda.February 17,2009 The Honora.ble Mayox And Members of the City Council City of Cape Girardeau,Missouti Deax Mapor and Council Members: RE: Voluntary Annexation Petition from John A.Drury,Trustee of the John A. Drury Revocable Trust A►greement dated June 29,2006,Anita Drury and Midamerica Hotels Corporation for a 25.96 acre Tract Located Adjacent to the Northern City Limits Along County Road 620 The staff has xeceived an executed petition fxom John A. Drury,Trustee of the John A. Drury Revocable Txust Agreement dated June 29,2006,Anita Drury and Midamerica Hotels Corpoxation requesting annexation of land totaling 25.96 acres,located on the west/south side of � County Road 620,across from the Whispexing Oaks Subdivition. Atta.ched is a copy of the petition,a map illustrating the location of the tract, and a resolution for the Council's consideration. The resolution,if adopted,will formally accept the petition fox annexation and set Monday,March 16,2009, as the da.te for the xequixed public hearing on the matter before the Council. The sta.ff is xecommending that the Council accept the petition, set the public hearing,and proceed with the annexation as per State statutes. Respectfully Submitted, �?��l Ken E � Directox of Development Services � Do glas K. Leslie City Manager � Midamerica Hotels Corp & John & Anita Dru Annexation 2/9/09 � �:;:N .-�..,.� fi�� :'�'�a v� f t,� -�;y .p :... ._�." �iA� .: c ^a- � -__ F j� �{ ��i � �,�' � . 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'�' '-���'`�`R ! ?�t .Y.�.� "�'�' S . � i 9, ��' ' • ��_; r 3 s r. y '��� <S'9 �'��'�' � �� M �s ',# , , ' � 1`�t� � 3 ' � s X '?� ��� ��'� � �� q i; ��, �� = a �: .f.� �' ._ . �T�{3-�Cr: 3.'�- *A"�"aqs r,,. r-. j � ; > . . � _ . ' . .: ��.�.` ' -_. 'c�;: r j. .. „ . , _:,.' a�'.>. � � . . � � >� "Sei+:".: , �- . .` . . . ' '' ._ . _ r� � _ Legend �. _ �� � J ` . L .[y1y t 'S -. �' Franks Ln �=� ' -�.zss . ��.� City Limits � ; � , '�,��� �-,�4� � ' l �� m���� 2 y�.flr��`'��. Streets �I -k-' � �::.���"�� � :r�'��F.- ..,� ,_ . 0 460 920 1,840 Feet , Midamerica Hotels Corp.And John &Anita Drury Annexation � _, ,,;, . _,; � . . .. _ � . �.. ... , � , . , - BILL NO. 09- 32 RESOLUTION NO. � A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM JOHN A. DRURY, TRUSTEE OF THE JOHN A. DRURY REVOCABLE TRUST AGREEMENT DATED JUNE 29, 2006, ANITA J. DRURY AND MIDAMERICA HOTELS CORPORATION, AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION WHEREAS, Petitions for annexation has been presented to the City Council of Cape Gira.tdeau,Missouri,requesting that certain property be annexed into the City of Cape Girardeau, Missouri; and WHEREAS, the Peririons have been presented in accordance with Chaptex 71.012 Revised Statutes of Missouxi,which statute provides for voluntary annexation upon request of the affected property owners; and WHEREAS,it is the desire of the City Council of Cape Girardeau,Missouri, to consider whetheY such area should be annexed into the City of Cape Girardeau. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,MISSOURI,AS FOLLOWS: � ARTICLE 1. That the City Council of Cape Gizardeau,Missouri, does hereby accept and receive Petitions for Voluntary Annexation of certain real estate, described as follows: JOHN A. DRURY, TRUSTEE OF THE JOHN A. DRURY REVOCABLE TRUST AGREEMENT DATED JUNE 29, 2006,AND ANITA J. DRURY THAT PART OF UNITED STATES PRNATE SURVEY NO. 788, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNT`Y OF CAPE GIRARDEAU,THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southeast corner of said Sutvey No. 788; thence North 82°13'00: West, 715.00 feet; thence North 11°42'00" West, 2089.70 feet, to a found iron pin, the point of beginning; thence North 02°18'15" West, 502.51 feet, to a set iron pin; thence South 83°23'S5" East, 572.87 feet, to a set iron pin; thence South 19°58'34" East, 56.36 feet, to a set iron pin; thence South 05°38'00" West, 437.19 feet, to a set rod; thence North 84°22'00" West, 527.75 feet to the point of beginning, and containing 6.34 acres, moxe or less, as shown on the accompanying plat. MIDAMERICA HOTELS CORPORATION THAT PART OF UNITED STATES PRNATE SURVEY NO. 788, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNT'Y � OF CAPE GIRARDEAU,THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southeast corner of said Survey No. 788; thence Noxth 82°13'00: West, 715.00 feet; thence North 11°42'00" West, 2089.70 feet, to a found iron pin; thence North 02°18'15" West, 956.70 feet, to a found iron pin; thence South 76°41'15" West, 66.00 feet, to a found iron pin; thence North 88°18'15" West, 396.00 feet, to a found iron pin; thence North 75°11'08" West, 415.38 feet to a found iron pin; thence North 58°15'47" West, 207.28 feet, to a � found iron pin; thence North 26°41'13" East, 56.00 feet, to a point on the south line of Cape La Crou� Road (County Road No. 620) the point of beginning; thence in a Southeast direcrion along the arc of a non-tangent curve concave to the northeast and having a radius of 603.70 feet, a distance of 454.54 feet, (the chord of said arc bears South 74°27'22" East, 443.88 feet; thence South 89°16'48" East, 878.54 feet;thence along the arc of a curve to the right,and being concave to the southwest, with a radius of 1880.00 feet, a distance of 1028.63 feet, to a found iron pin; thence North 34°45'43" East, 30.00 feet, to a point on the center line of said Cape La Croix Road (County Road No. 620) thence in a northwest direction along the aYc of a curve concave to the southwest, and having a radius of 1910 00 feet, a distance of 1046.39 feet, (the chord of said axc bears North 70°55'S8" West, 103335 feet); thence North 89°16'48" West, 882.16 feet; thence along the arc of a non tangent curve concave to the northeast, and having a radius of 573.70 feet, a distance of 431.95 feet, (the chord of said arc bears North 74°28'S7" West, 421.74 feet); thence South 37°06'49" West, 30.00 feet, to the point of beginning and containing 1.63 acres,more or less. MIDAMERICA HOTELS CORPORATION THAT PART OF UNITED STATES PRIVAT'E SURVEY NO. 788, TOWNSHIP 31 NORTH, R.ANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUN'TY OF CAPE GIR.ARDEAU,THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southeast corner of said Survey No. 788; thence North 82°13'00: West, 715.00 feet; thence North 11°42'00" West, 2089.70 feet, to a found iron pin, the point of beginning; thence North 02°18'15" West, 956.70 feet, to a found iron pin; thence South +� 76°41'15" West, 66.00 feet, to a found iron pin; thence North 88°18'15" West, 396.00 feet, to a found iron pin; thence North 75°11'08" West, 415.38 feet to a found ixon pin; thence NoYth 58°15'47" West, 207.28 feet, to a found iron pin; thence North 26°41'13" East, 56.00 feet, to a point on the south line of Cape La Croix Road; thence in a Southeast direcrion along the arc of a non-tangent curve concave to the northeast and having a radius of 603.70 feet, a distance of 454.54 feet, (the chord of said arc beaxs South 74°27'22" East, 443.88 feet; thence South 89°16'48" East, 878.54 feet; thence along the axc of a curve to the right, and being concave to the southwest, with a radius of 1880.00 feet, a distance of 1028.63 feet, to a found iron pin; thence leaving said Cape LaCroix Road, North 89°50'40" West, 219.17 feet to a found iron pin; thence South 89°02'21" West, 53.81 feet, to a found iron pin; thence North 64°53'42" West, 315.24 feet to a found iron pin; thence South 05°57'40" West, 462.14 feet, to a found iron pin; thence South 83°23'S5" East, 357.74 feet, to a found ixon pin; thence South 04°56'29" West, 480.99 feet, to a found iron pin; thence NoYth 84°22'00" West, 926.88 feet, to the point of beginning and containing 2433 acres, more or less, as shown on the accompanying plat, except that part described as follows: THAT PART OF UNITED STATES PRNAT'E SURVEY NO. 788, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE COUNTY OF CAPE GIRARDEAU,THE STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southeast corner of said Survey No. 788; thence North 82°13'00: West, 715.00 feet; thence North 11°42'00" West, 2089.70 feet, to a found iron pin, the point of beginning; thence North 02°18'15" West, 502.51 feet, to a set iron pin; thence South 83°23'55" East, 572.87 feet, to a set iton pin; thence South 19°58'34" East, 5636 feet, to a set iron pin; � thence South 05°38'00" West, 437.19 feet, to a set rod; thence North 84°22'00" West, 527.75 feet to the point of beginning, and containing 6.34 acres, more or less, as shown on the accompanying plat. � ARTICLE 2. Be it further resolved that in accordance with Chapter 71.012 RSMo it is now ordered that a public hearing be set for March 16, 2009, at which hearing any interested person, corporation or political subdivision may present evidence xegarding the pYoposed annexation. ARTICLE 3. It is further resolved that notice of said public hearing be published in a newspaper of general circulation qualified to publish legal matters not less than seven (7) days prior to March 16, 2009. PASSED AND ADOPTED THIS DAY OF , 2009. Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter No. 09-41 Agenda February 17,2009 The Honorable Mayor And Members of the City Council City of Cape Girardeau,Missouri Dear Mayor and Council Members: RE: Voluntary Annexation Pedtion from Bryan and Nancy Greaser for a 7,062 square feet(.16 acre)Tract Located Adjacent to the Northern City Limits Along County Road 620 The staff has received an executed petition froin Bxyan and Nancy Greasex requesting annexation of land totaling.16 acxes,or 7,062 squate feet,loca.ted on the east side of County Road 620 adjacent to Whispering Oaks. The property underlies the eastern half of County Road 620. The annexation of this strip allows the pxopexty owned by Midamerica Hotels Corporation and � John and Anita Druty located on the west side of County Road 620 to be annexed into the City limits by making it contiguous to City limits. Attached is a copy of the petition, a map illustrating the loeation of the ttact,and a xesolution for the Council's consideration. The resolution,if adopted,will formally accept the petition for annexation and set Monday,March 16,2009,as the date for the requixed public hearing on the matter before the Council. The sta.ff is recommending that the Council accept the petition, set the public hearing,and proceed with the annexa.tion as pex Sta.te statutes. Respectfully Submitted, �w"l Ken Eftink Dixector of Development Services , G��y��� � Douglas K.Leslie City Managex � Greaser Annexation 2/g/pg -^ ��E:�al, �� �" � +�; � � � �'$.. ' s`"`� t �� � � ,�' t} �k'� �i', t i YS . . � k� '� ,,. ` ( f.. � ri >2 �¢ , .�.:. �4 -" �. �� ,��. � 'f�s f.��= � „' '� . . ,� a'� ,�, x� �r i. 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Y � �`.5�•'.�:: n� � ` r� a0 75 150 300 Feet Greaser Annexation,� ,�< � � , � ;. ,.t ._ af, ,^�. - 3�- - � ':r _ N07• ,I I 08 54'�E i 25.00' i � -_ � - __ _ _ � -- - � - � _ = n — � - n �N �� 1�r �_ � - _ � ��z �N �� �� ao — — nj-p� �C,� C�� Iv -. �I' � �� I ��V V-► Rj V O��� ��� I w ,o -�� I � ,� lo � wr � � I b ` � � o � � � �' � I Q � � I� _ _ ` � � N 0 ,� � � � � Iz - - - _ _ N � ` � � � � / I° � N �: � �' � W � z � ow �� / O N � � o� ` , `° r U � � / � � � p , � �� � � � � o � � o � � �' � � � � ° � �•� �' � � � � o �r � / `� / � -. � � \ �, w�v � � � � � ��, / � , \ � � / / \ � i � � \ / / / � � r � / � � � � � � � \ N / / Q � � (A � . / � � � � cD • N —"' N fi � ` y N O ' - W . ` � � - _ � U! �� _ U� � � _ � _ � ,� � - - - _ BILL NO. 09- 33 RESOLUTION NO. � A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION FROM BRYAN AND NANCY GREASER AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION WHEREAS, a Perition for annexation has been presented to the City Council of Cape Girardeau, Missouri,requesting that certain property be annexed into the City of Cape GiraYdeau, Missouri; and WHEREAS, the Perition has been presented in accordance with Chapter 71.012 Revised Statutes of Missouri,which statute provides for voluntary annexation upon request of the affected property owners; and WHEREAS,it is the desire of the City Council of Cape Girardeau, Missouri, to consider whethex such area should be annexed into the City of Cape Girardeau. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,MISSOURI,AS FOLLOWS: ARTICLE 1. That the Ciry Council of Cape Girardeau, Missouri, does hereby accept and � receive a Petition for Voluntary Annexation of certain real estate, described as follows: BRYAN AND NANCY GREASER THAT PART OF THE UNITED STATES PRIVATE SURVEY 788,TOWNSHIP 31 NORTH, RANGE 13 EAST, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southeast corner of Lot 1 of Whispering Oaks, a Subdivision on file in the Land Records of Cape Girardeau County in Plat Book 21, at Page 34; thence South 10°43'16" West, 26.15 feet, to a point on the centexline of County Road 620; thence with said centerline along the arc of a non-tangent curve to the Northwest being concave to the Southwest and having a radius of 1754.68 feet and a distance of 388.25 feet, (the chord of said arc bears North 68°28'10" West, 387.45 feet) to the point of beginning. Thence, from the point of beginning, continue along said centerline of County Road 620 along a curve to the left having a radius 1754.68 feet and a distance of 280.64 feet, (the chord of said arc beaYs North 79°23'25" West 28034 feet; thence North 07°08'S4" East, 25.00 feet to the Southwest corner of Lot 2 of said Subdivision; thence with the South line of said Subdivision along the arc of a non-tangent curve to the Southeast being concave to the Southwest and having a radius of 1779.68 feet and a distance of 284.31 feet, (the chord of said arc bears South 79°22'47" East, 284.01 feet) to the Southwest corner of said Lot 2; thence South 15°33'42" West, 25.00 feet to the point of beginning and containing 0.16 acres (7,062 square feet), more or less, subject to any easements of record. � ARTICLE 2. Be it further resolved that in accordance with Chapter 71.012 RSMo it is now ordered that a public hearing be set for March 16,2009, at which hearing any interested person, corporation or political subdivision may present evidence regarding the proposed annexarion. ARTICLE 3. It is further resolved that notice of said public hearing be published in a newspaper of general circulation qualified to publish legal matters not less than seven (7) days prior to �, ) March 16,2009. �`"'� PASSED AND ADOPTED THIS DAY OF ,2009. Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, Ciry Clerk � � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter No. 09-42 Agenda: February 17, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Resolution Authorizing an agreement with Missouri Department of Transportation for a Transportation Enhancement Mini-Grant. � Dear Mayor and Council Mei`nbers: The Engineering Division is applying for a Transportation Enhancement Mini-Grant through the Southeast District of the Missouri Department of Transportation. The maximum grant request is $110,000 and requires 20°fo local match. With the 20% local match requirement,the maximum project size will be $137,500.00. The grant request will include two identified projects. The first project area � is located in Shawnee Park connecting the Cape LaCroix Trail to the Shawnee Sports Complex. The second project will construct sidewalk from the East Rodney Street community azea along Indepedence Street to the west side of the Cape LaCroix Creek Bridge and connect to the Cape LaCroix Trail. The scope of the request is estimated to cost close to the $137,500.00 project maa�imum. Staff recommends that the City Council pass a resolution authoring the City Manager to enter into an agreement with the Missouri Department of Transportation to apply for the grant and execute all grant documents. Respectfully submitted, Kelly Green, P. E. City Engineer d� ����'� � Douglas K. Leslie � City Manager KLG/DKL/bt _...: , __.. , ,,_, �_, _ , __ ._.. _i__� ,. � 2009 MoDOT SE District ;� `' `'� Transportation Enhancement Minigrant `�_�.� wm 0 �' J Proposed sidewalk location � , , ,. . , . -- � � � . . . . � � D ,__ ; � ! � __--_�__� i �� N ` i f � � � � � k"-+++-�- i xk i � �� i �k � � k. I � kk. � Existing Sidewalk k � � � �_.____� i ; + � � � ' + � � � + ---�-� � + ' � � + � � � -------� . + Existing Cape La Croix Trail �+ + � + i+ i + � } ' � + -_.«! � + .� ,� :� � [ } 1 r -..`,� ,t � � �"'��—�. kk _ ,_� t�, 4_�•.�—..'_" --_..t���—y-._, � a�' ti �� �. �� '' Proposed Sidewalk ! � _ ����,�x . �--�.w�, ,,;�� .. ^�`'-----_ ��� �� ' +� '?���x Proposed Connection � _,._.....___._.._____,._._"_._._'.� � � 1``�:. X. r� ��.� +.� .� `-- ' �---r----- �----�--�� ...�.._._. -_.�."-_-� � � � f � � � ;` � _._—.._.._.....��_ + ��� � � � � � ___�_�_ � a kk !� � �� I � ----, i� i �. I � �� �� � BILL NO. 09-35 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR A TRANSPORTATION ENHANCEMENT MINI- GRANT FOR CAPE LACROIX TRAIL IMPROVEMENTS, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GFtANT DOCUMENTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an agreement with the Missouri Department of Transportation for a Transportation Enhancement Mini-Grant for Cape Lacroix Trail Improvements, and is hereby authorized to execute all necessary grant documents . PASSED AND ADOPTED THIS DAY OF , 20 � Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 09-43 Agenda February 17, 2009 T'he Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: University of Missouri Extension Council Dear Mayor and City Council Members: One term on the University of Missouri Extension Council will expire on February 28, 2009. This position is currently held by Mr. Dale Kester. Mr. Kester does wish to be reappointed to the Council. For your information, a copy of the roster is atta.ched. House Bill 153 provides that one Extension Council member be appointed to represent Cape Girardeau and Jackson,and the municipality with the lazgest population is to appoint the member for a two year term. According to Missouri State Statutes,the member representing the City is to be appointed by the Mayor. � Mr. Gerald Bryan,County Program Director for the Extension Office,contacted the city and requested that Mr. Dale Kester of Cape Girardeau be reappointed to serve on the Council. Mr. Kester is retired from the public relations/marketing field, and is a master tree farmer and master gardener. No other applications are on file for the Extension Council. It is recommended that one appointment be made to the University of Missouri Extension Council for a term expiring February 28, 2011. If you have any questions or comments, please contact us at your convenience. Respectfully submitted, � Gayle . Conrad City Clerk ���Y� Douglas K. Leslie City Manager � DKL:gc CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees � December 15, 2008 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. Cape County University ofMissouri Extension Council Date Appointed Date Reappointed Term Expires Dale Kester March 1, 1999 2/21/O1, 2/19/03, 2/22/OS February 28, 2009 4/2/07 Serves two year term;House Bill 153 provides for one Extension Council Memberto be appointed to represent Cape Girardeau and Jackson,the municipality with largest population appointinghe member. � � � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Letter No. 09-44 Agenda February 17,2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri Dear Mayor and Council Members: Subject: Acceptance of Improvements and Authorize Final Payment Un-interruptible Power Supply,STP-1500(Ol� On May 21,2007 the Council,by Ordinance No. 3416,authorized the mayor to execute an STP-Urban Program Agreement with the Missouri Highways and Transportation Commission for � Installation of Un-interrupted Power Sources at Various Intersections on Kingshighway and Route K, in the City of Cape Girardeau. This Agreement would enhance the safety of the intersections in emergency situations by allowing the traffic signals to continue to operate in the event of a power outage at the following locations: Route K and Siemers Drive;Route K and Farrar Drive;Route K and Mount Auburn Road; Route K and Silver Springs Drive; Route K and South Kingshighway; Kingshighway and Broadway;Kingshighway and Lexington Avenue;Route K and Interstate 55 west ramp; Route K and Interstate 55 east ramp; Route K and Saint Francis Drive; Route K and Broadview Street;Kingshighway and Independence Street;and Kingshighway and Cape Rock Drive. In June of 2007, the City received notification that the Federal Highway Administra.tion approved the obligation of federal funds for the Un-interruptible Power Supply, Project No. STP- 1500(016). T'he agreement with MODOT stated that $20,000.00 of the cost would be covered through STP-Urban funds;$20,000.00 would be covered by the District Traffic funds of the Missouri Highways and Transportation Commission,with a reimbursement payment of$40,000.00 to be paid to the City when the project has been closed out. The remainder of the project cost of$30,394.14 will be funded by the City out of the Grant Projects Fund. The work was publicly advertised and three(3)bids,ranging from$60,154.00 to$59,220.00, were received on July 24,2008. Schneider Electric Company submitted the low bid of$59,220.00 which was below the Engineer's Estimate of$99,750.00. The Federal Highway Administration approved the bid on August 7,2008, and a Notice to Proceed was given for October 1,2008. � Council Letter No. 09-44 Un-interruptible Power Supply,5TP-1500(Ol� Accept Improvements&Authorize Final Payment February 17,2009 Page 2 of Z � The original contract time was forty-five(45)calendar days for substantial completion and one hundred and five(105)calendar days for final completion which were November 15,2008 and January 15,2009 respectively. Change Order#1 added ten(10)days to the contract. The Conhactor successfully met this new deadline,which was November 25,2008 for substantial completion and January 25,2009 for final completion. The contractor,Schneider Electric Company completed the construction work during October and November of 2008 in accordance with the plans,specifications,contract and ordinances adopted by the City Council as modified by one(1) Change Order. The work was satisfactorily completed,inspected by the Engineering Division and is ready for acceptance into the City's Public Works maintenance system. I recommend that the Council, by motion, accept the improvements as presented and authorize the final payment to Schneider Electric Company with release of the final check. Fina1 paper work will need to be submitted to MODOT Respectfully submitted, � �. Kelly Green City Engineer ����'Gi'� Douglas K. Leslie City Manager KLG/DKI.✓kj Attachment-1 � � February 11, 2009 Engineer's Final Report on Un-interruptible Power Supply, STP-1500(016) To the City Manager Of the City of Cape Girardeau,Missouri Dear Sir: I hereby report that the installation of thirteen (13) un-interruptible power supplies to power intersection traffic signals in the event of a power outage has been completed by K-Tech Corporation doing business as Schneider Electric Company. The traffic light intersections that received the improvements are Route K and Siemers Drive; Route K and Farrar Drive;Route K and Mount Auburn Road; Route K and Silver Springs Drive; Route K and South Kingshighway; Kingshighway and Broadway; Kingshighway and Lexington Avenue; Route K and Interstate 55 west ramp; Route K and � Interstate 55 east ramp;Route K and Saint Francis Drive;Route K and Broadview Street;Kingshighway and Independence Street; and Kingshighway and Cape Rock Drive. The original contract time was forty-five (45) calendar days for substantial completion and one hundred and five (105) calendar days for final completion which were November 15,2008 and January 15,2009 respectively. Change Order#1 added ten(10)days to the contract. The Contractor successfully met this new deadline,which was November 25,2008 for substantial completion and January 25,2009 for final completion. I have computed the cost of said improvement as follows: No Item uanti Unit Unit Price Total Price 1. Un-interrupted Power Supply 13 EA 55,720.00 $ 55,720.00 2. Traffic Control 1 LS 3,500.00 $ 3,500.00 TOTAL CONSTRUCTION CONTRACT ITEMS $ 59,220.00 LESS PREVIOUS PAYMENTS $ 53,298.00 AMOUNT DUE THE CONTRACTOR $ 5,922.00 � CITY DESIGN ENGINEERING/ADMIl�IISTRATION COSTS $ 7,886.98 Engineer's Final Report Historic Cape Girardeau Bridge Restoration January 15,2008 � Page 2 of 2 CITY CONSTRUCTION ENGINEERINGCINSPECTION COSTS $ 2,413.19 OTHER COSTS $ 873.97 TOTAL PROJECT COSTS $ 70,394.14 In May of 2007, the City entered into an STP-Urban Program Agreement with the Missouri Highways and Transportation Commission [MODOT] for the procurement and installation of Un- interrupted Power Supply units at 13 traffic signal locations within the City of Cape Girardeau. The agreement with MODOT stated that$20,000.00 of the cost would be covered through STP-Urban funds; $20,000.00 would be covered by the District Traffic funds of the Missouri Highways and Transportation Commission. This reimbursement payment of$40,000.00 will be paid to the City after all required closing documentation is submitted. The remainder of the total project costs of$30,394.14 will be funded by the City out of the FAU Grant Projects Fund. Sincerely, � Kelly Green, P. E. City Engineer KG/kj Un-Interruptible Power Supply Project Reference Code 330-7010-7315-1060123 Purchase Order No. P012709 Engineering Division Project# 2083 � ui a non Ln S D < Ww � S Nlelr S e � a � P triot � p � �o .o„ ` W m p` 3 > o u, ,pe �c, � i m .. a o . � o w. Ka e Rd r�� � .� y °' � � = 3 r L o ,o °i e�l '� O� -� m r � �K � Y Beav rc �� t c GaPe eek D Ler a �ane ,� < Jaret W r � �r o T S � v ` � riet�a St Fawn D _ e r r = 'f � Z � ; K ysto y L `aa c `' � Georg� S W R 4 R Lawanda Dr p� i O m � � ? � � � S� ard St a a � `�s� L mbardo Dr a = uail Ru � H p r d 3 a u re St v � �, V � �D N Ne S T. ►'id St � m °'� deline v Y � unklin St hateau a �ea r d r ac e ,� M ria ouise L ' _� Ke e�er�r � � B rde u D � y,o � y -� � � rn �� a, ° �a0� a� � � � Q m c 2 C � � p " > a m ` spen Dr � m y wa � y �� lie p� 3 - � F � � a � ►n sa � a c ie� is d°. � � Q ..Q - V a > � g � Rw � J av ra � O a� � N ��d i a a � h tener St � `�A iQ � � � deP nd nce o �n � "' ^ Per y Dr p y < m 'D �o� 3 erriweth r St > N 9 � R� L y �l�/1�� fI1.St cC tC 0� � � Q �' � � m y z oo No e t a cA a °' 3 '` � � lo fi id t ett a � � °' '� � TJ � > m .. b v� � a .a v � � > °� �a ° � � o a � r tn 3 m Un-interuptible Power Supply an STP funded project Rt K & Siemers Dr Rt K &J-55 west ramp Rt K & Farrar Dr Rt K & I-55 east ramp Rt K & Mt Auburn Dr Rt K & St Francis Dr Rt K & Silver Springs Dr Rt K & Broadview St Rt K & S Kingshighway Kingshighway & Independence St Kingshighway & Broadway St Kingshighway & Cape Rock Dr � Kingshighway & Lexington Ave CITY OF CAPE GIRARDEAU, MISSOURI � Office of the City Manager Council Letter No. 09-45 Agenda: February 17,2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri Subject: Motion to Reject the Bids for the Jaycee Municipal Golf Course Renovation Dear Mayor and Council Members: On February 2,2009,bids were received for the Renovation of the Jaycee Municipal Golf Course.Nine (9)bids were received. The low bidder submitted a bid of$1,764,747.90 and the highest bid was $2,619,877.50. All of the bids were over the architect's estimate of$1,500,000.00 for the total project. After reviewing the bids,architects estimate of cost and scope of the project,it has been determined that it would be in the city's best interest to revise the scope for the project and rebid it as soon as possible. � It is there requested that the City Council reject these bids and authorize the Parks and Recreation Director to revise the plans and rebid this project. Respe tfully submitted, u�1 Dani 1 D.Muser Director of Parks&Recreation /� ` (����2� Douglas K.Leslie City Manager DDM/DKL/ms � .. . ��5.. . . . .. � ,d fii O O ^'J O O � O����� O � O g.�, . � .�. � � p O O'O O O O�� � :� � O � O • O�.O p O � O � . O .Q V U O O O O � O � � C7.1� 0 N 7 �O O � N O � . 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G � �ta ca� v� �s w� � sa�ei � w � p �a�o ° �.7�. o w � O c � � O O o � o o.� � . � � w-o � 'y (p 00 00 oc"'i, 000 � oo 00000o C� o � ,.�� 0 0 0 � ' o ° ; p, fp' 'T.' ._. .� � � � ; � .. w r..� �. � 99� bn�.� #f t9 N U'i 0� C W � �+ ? �..O p �� � O O � O��� � O N � � � p J � O � O W� W.O �` �. � O�:O O N O OD. �.� 'V J ,�v- J N tNJt.N p O�o O .;O O....� � . .. o0 o w v' . oo � " ,.`a.,.p,; n O � � W � � � �� 69 b9 . taH� �#h N? n" N .�p � G1�'�4 'V ✓#�ti�O �� �...[S r� ���'U�.p �.� p V' O C/i � "? G1 W � �G�p W..� � � '-' 00 00 oa;''oo �o "' i�„ No °' a�000 � o (� C?�' � 0 o c" �' b o 0 0 _p v�; � (9 0 0 0 0 0, .-. n:: � n A� ._. �� � � y�, .� �;� a O� � O tn p C O p� �.p, �:-. Q V A fA oo v�i w.O� � p � � O O O g O .W.+. N ti� O �.� p O � p p � p `..n ��.� O�:0. O. O �. O .. �� � � � .. �� 0 ' .. O�.� . i-! �. � . . � �� � � w" ...� � �'.� l t�o-� t s� cs� v a`+ a' raH !� .. � O !y o N O w o O �J .'c1 � W W w p� l" W p .`y^r �. �.. �D p O O �C v' O O Gw�" O Oo O O J � O N N �7 p 0o O � �' C p W� O � tn O p:W O � � Q O O �� � � O :O � r . O O�. O O n' O+ sw tA EA c4 i�a9 tA N.,,0 LA e9 0�0�cA .-• � l'A O �'.� �;C` ^ o w o 0 0 0 0 0 0 o cn o� w o " �• �• oo � oo � oo � 00000 � o'000v�'+ o ',� o'� C o b � � � 0 0 o n. .t , CITY OF CAPE GIRARDEAU � Office of the City Manager Council Memorandum No. 09-06 Agenda February 17, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Tree Board Dear Mayor and Council Members: One term on the Tree Board expired February 1, 2009. This term was held by Mr. Thomas Harold. Mr. Harold is no longer eligible to serve on the board due to term limits. A copy of the roster for the Board is attached for your review. The Tree Board consists of the Public Works Director, Parks and Recreation Director, one member of the Parks and Recreation Advisory Board, and two residents of Cape Girardeau selected by the City Council. Mr. Kevin Govero has expressed interest in serving on this Board, � and his advisory board summary sheet is attached. Unless directed otherwise, one appointment to the Tree Board for a term expiring February 1, 2012, will appear on your next agenda for consideration. If you need any additional information, please do not hesitate to contact us. Respectfully submitted, �c-� � Gayle . Conrad City Clerk �G2��G�� Douglas K. Leslie City Manager � , CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees December 15, 2008 � All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive terms effective with terms commencing January 8, 1996. Tree Board Date Appointed Date Re�pointed Term Expires Thomas Harold January 19, 1999 1/18/00; l/21/03; 1/23/06 February l, 2009 John Layton January 19, 1999 1/22/O 1; 1/04; 1/22/07 February 1,2010 Robert Harris, Parks & Rec Brd April, 2008 --- February l, 2011 Tim Gramling Public Works Dir Dan Muser, Parks &Rec Dir Serve three yearterms,appointed by City Council. Meetings held second Monday,bi-monthy beginning in February,at noon at the Osage Community Centre. Study,investigate,counsel and develop and/or update annually,and administer a written plan for the care,preservation,pruning,planting,replanting,removal or disposition of public trees in parks,along streets and in other public places. Upon request by City Council, shall consider, investigate,make findings, report and recommend upon any special matter of question coming within the scope of its work. Staff contac�Parks and Recreation Director. � � 02/09/2009 13:36 FAX 5733335335 t�UU� � CITX OF CA.PE GIRARDEAU, MISSOURI BQ�RD MEMBER SUMMARY Nam e ��f� �. �p Telephone: Day ��-335-,�Z���1� HomeAddress ,�90� �A�'I,Pfli�r' Evening�Z�-�3��-�7.Sr E-mail Address ,���.5�SW��"� p�' Year Cuzx'emt Res d ce in Cape Girardeau Began ���.� - - - Cuzxent Employer and Position � �/�G � y�c� � • /' � P�� Previous Employers and Positions r.e v�•~F- P. ��,. � �t In which Board(s} are you anterested7 ��/�E� /`�/P� S eci ualxficaUans�'or specific bo d(s) (include past board service) ��'�I�e1— �' / �7Ar+'� � � � � � "� �l i P✓ � /��� / _ � ' � .� � �,� �� r�/�..Yc�P Educat�ona�Back�round ,�� �^.�/��r�� • ir .�c��t /1 i�.r , � �C' . ` l�� � � J Communih�Activities clude offices held az�d coznmitte� servic ) �t" ��C'� /� �c�,,���- ' -�/ - �s �'�� �r���.� G� � �� �/ � _ ,�� � �� l�<<-���1, ��, ���C v�,��r Meeting tinne(s) convenient for you: (please check one in A and one in B) A. Wee�Xy Monthly Anytime� B. Moz'zlailxg_ . Noon�Afternoon Evezaing Anytime Would you like to receive news from the City via e-mail? � Yes � No Would you like to �ttend a City Council Study Session when your application comes before the Council for consideration? D Yes � No By siguing this document,you agree to serve and atte�►d regularly. Three(3)consecutive absences,or four(4) absex�ces xz�any twelve(]2)consecutive�nths,will tesult in yotu position being automatically forfeited on tk�e board/commission. � ,, , Signed � / � � Date -1� � d� g , *�` Board ember Summary Sheets are valid�'or one year from the date tlaat ey e signed. �"'� Return to the City 1V�anager's Office,p.0.Box 6X7, Cape Girardesu,lV�O 63702-0617. f s � CITY OF CAPE GIRARDEAU � Office of the City Manager Council Memorandum No. 09-07 Agenda February 17, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointment to Board of Adjustment Dear Mayor and Council Members: One term on the Board of Adjustment is set to expire March 6, 2009. This position is presently held by Mr. George Peo. He has expressed interest in being reappointed to the board,and his advisory board summary sheet is attached. Also attached is a roster for the board as well as the attendance records for the last year. According to Section 30-61 of the City Code, "The Board shall consist offive members who shall be freeholders and residents of the city, appointed by the mayor and approved by the ciry � council... Three alternate members may be appointed to serve in the absence of, or the - disqualification of, the regular members. " Board members serve a five year term. Mr. Ed Thompson and Ms. Krisinda Cook have both expressed interest in serving on this board, and their summary sheets are attached. Unless directed otherwise, one appointment to the Board of Adjustment for a term expiring March 6, 2014, will appear on your next agenda for consideration. If you have any questions or comments, please do not hesitate to contact this office. Respectfully submitted, Gayle L. Conrad City Clerk /f�• G2�i�c9 Douglas K. Leslie City Manager � GLC:DKL:gc � r CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees December 15, 2008 � 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. Board ofAdiustment Date Annointed Date Reannointed Term Exnires George Peo 7/9/03 alt; 6/6/OS --- March 6, 2009 Mark Buerck 6/95 alt; 1/22/02 2/22/OS March 6,2010 David Hinton(alternate) September, 1990 9/5/95; 10/9/00; 8/15/OS September 4, 2010 Edward Hart(alternate) January 22, 2002 8/15/OS September 4, 2010 Timothy Kelley(alternate) Apri121, 2008 --- September 4, 2010 Larry Caldwell June 6, 2005 alternate 8/15/OS March 6, 201 I 9/4/07 full member William Whitlock December 4, 2003 February 20, 2007 March 6, 2012 Daniel F. Little February 17, 1993 2/17/98; 2/19/03; 2/l9/08 March 6, 2013 Serve five year terms,appointed by Mayor,approved by Council. Meetings held first Thursday at 7:00 p.m. in the Council chambers. Board considers requests for variances from the Zoning Ordinance provisions. Staff contact—Tim Morgan, Inspection Services Director334-4466. � � , � � � _ � _ 'a o m � °...' = d c o L 'p C� 'a �,�, M d �"� G> � � C ��.. _ +�.+ N G> N G> r. �- rr C� � �'' y d d � V IIIIII � 0 � O �WW���� 0 ' O � O �WW���� Z Z Z � � O o N � �WW��ZC� �-- � � " �- �� ZO �WWI--�V � � � N � Q °' � ZO �WW�- �ZC� � � � Q � � c a � o � � � M � �WWI--���' � � � � O �WW�-�-��7 a � ° a � � WWF--'��� m � � � . . J � � � Q a M ZO �WW�-�� � � � `° ZO �WWI--ZC� � o � � � r� aaQaa QQQ � o � M a.., `��.��� � � � 00 d Q. Q a. � d a. � M d d a. � d Q Q n- � ,�' � � > (0 � � V �� (iS (0 � Q Y � = -p , Y �. � = � �6 � � G1,.- � J � •� � N f� � � J � •� � N @ > � �G ` C � 3 .� O� �"� c� _ � � � � C � •� � � � � 3 � � o = w ~ � c'�i 3 � � o � W � �~ � � � � -a o ai �- y �� � v o � �= a� � c ° a� � �� � ca a� � � �s a� . � ca � � �> .-. � •� c � OX ' OOUa. 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CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY � Name�����(;.'� � , ��o Telephone: Day 33�-g 3�l Home Address 3/°a�--� /N,Tj� ��,�Dts�c� �2 � Evening 3 3g— ��2/ E-mail Address Year Current Residence in Cape Girardeau Began /98� Current Employer and Position d�F T,de.�p Previous Employers and Positions D��=�N c � ��Pp 1�G ,�C�ticy ��n o ��It-c� �,v TEn, ��1-�,�.6 �Tn.9-rn�Trz�� �.dn7D�✓z.o-r,t�za� � �v��v�saazv ��7oG�A��-���c C�.-r�.ss�f-PH�,e � �'�vs `?�r S,f,°.�-� � CcP�c�rr7�.vT In which Board(s) are you interested? ��,g�� O/= AD Jvs����T Special ualifications for specific board(s) (include past board service) �,f.s�- f36�D �sx�y �'a 5 !/,(/p�p2 ML �jo Y��B.�,.p i!�/G l'i iy/i,�y!� W/y,�L ��S7,�uGT/D� �n Go D�t Educational Back ound �,� ��(iG;�}7�0.7] �As,�ivdrp� � � ��rf ✓�� GUi��,�/Gf'c s%U, � �ZrL,$� �,���: �� ���7���,�=o �.�.�-••i��,: f A,�.H �(—%'�'� 0�/I.� ��-o�✓z�+P.�v �1,� ���m�G v-�` ) �bu>�/dt�<' v/r�� Community Activities (Include offices held and committee service) 7- �sT�zr�� /��,�i1-sl�hs'��s �� ; 4}�1s7' O �,2c�„�-a�ni �O � �a�>'�.r��v.�l,� �5� �Gnv�s' Ol�oitYhFri�lG�'G1j2d2.J=NT1c/ i �� � �,vc�.-T>�vN¢1— �G�:Ae /rZvcs4' `�, I'?(�126r,(�y�r.�oer.ar+ ��/Zc/F: �`.Z N,F.Fns .4'�7'g.r -�., L�i,�-icr�y �'�Q�- ,���_�. G p�-�� ����� -y y) � Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly � Anytime B. Morning � Noon X 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 2ao3 � ** 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. �� °� � � ��;.,,�����i :�;�;.' CITY 4F CAPE GIRARDEAU, NIISSOURI '� . : BOARD MEMBER Sif�►ZMARY Name r l`�i n d a Coo k. Telephone: Day 3J��'�333 e s e p� �t'�t(��i Evening ,1."��o��lp � H�mc A��r s E-mail Address )G Y'l5 t Y�CL�00�i �I Q�1�D• �tY� Year Current Residence in Cape Girardeau Began IJorr13 f�Gl.c;Se�d he r� Current Employer and Position �'X7i CL CY��S S.1/1C. '" O fJ�ra+coY�S /"l�i'Y�t�-r Previous Employers and Positions � � � . .� In which Board(s)are you interested? V 151oN 21oa0 Communi-� ��Q�ca�r1S Cou1'�Ci�� �i�.t'd o£ Ad iu�rt� /��A�D�.15 �Or wln.e.r�, �1etd�cd� �ecial Qualifications for specific board(s)(inciude past boazd service) _'L�hoc�5e �st. v�s�a�n aaao b�,r� l�ee�u.�. �ot� an ac�i,ve I�m�O�" aF . � I c�e g t�r�+ -to �ee �� t�u� 'a( . � � � .Ji� "�(�'r , �i e�'��J - � Educational Back�round IM • � ��'�'��0t ���� l_ � �,ICQ • — � �(lQ. Cc. �1•c�r ��I�- �/��V. V Communit�Activities(Include offices held and committee service) • � C�7 0 Q� ?,.� /�I� � � ' , . � r�nrv�. n2a o r,�._�Mo �����e�� 7�"7t�m 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�ity via e-mail? �es ❑ No By signing this document,you agree to serve and attend regularly. Three(3)consecutive absences,or four(4) absencEs in any twelve(12)consecutive months,will result in your position being automatically forfeited on the board/commission. . L Signed . ����iC� 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.Boz 617,Cape Girardeau,MO 63702-0617. �,,� , CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY � Name �� ��d�`��-�UU� Telephone: Day � ��S- S5rf7 HomeAddress 3/Q$' ��j/� Evening �3�- /S�S�fo E-mail Address ��4q � !'�5119,C'� Year Current Residence in Cape Girardeau Began /y'q7- 2�e5� o1�.�f S lr�ce /97� Current Employer and Position ���G/E Previous Employers and Positions ��v�g[,� �u,S�-- �7-irt.,r�l-�,�G, �a,�tz7 .Scu/.�- �1��iu ,y d�Hnr s -- Q c.v�vc K- L��G, //�Ol'?p°jorL �jrLS7'— `�C�N67'l- In which Board(s) are you interested? l�oo�-�d Q d� ,�11��s��.� hj� y/ ����/5,, ��� �r.�,�•�.,Ke�s �A-,�ec s �'J��c , �� b ror y �o�,-�1� Jh.��-y'c�{ C'�,�... 7-iL��- l���c� Special Qualifications for specific board(s) (include past board service) �a�s7�2�cTC(nx �`x/�cx�E.trr,r� c��� �3S Y/s s— /�7l��dl�/IX:7 C%Ca��U�t'2L ��l�GC,C, ��Gl�✓r�-Y> /'�f�G�K-'T C�r�Gti F�ocs�iui5�✓c�r v-c �i,5"e�/AS �o./ C�L+YC��t�1 Educational Back round � �S-- /-,�c�S:/Uc'S5 i'�C�t 7 d'- / `/W.Z�c"r..�s — �/�d E C"o/v�b�s Communitv Activities (Include offices held and committee service) �� ...I'��/ i�� - /��3���,�� 3�,,.�� /�-C�%i�,G`� �C.t�L3 "— (�G�►��Ov S LU vr�t t-u� /��PP S C:U-1�,�C✓� f�P �c�Lg T L=),,Uz/L.G ^� C.�dGo cJs �K��� /7�P S -/ � �} ,/ l /�-lcTl�a. l /JSS ac• yg �1'��l�c��l�✓e r5 —� �/1�`5��'Jc�w T . V�� l i�.8�, Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime � B. Morning Noon Afternoon Evening Anytime x Would you like to receive news from the City via e-mail? ,� Yes ❑ No By signing this document,you agree to serve and attend regularly. Three(3)consecutive absences,or four(4) absences in any twelve(12)consecutive months,will result in your position being automatically forfeited on the board/commission. Signed ���>�� Date �/ 6� � ** 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. r � CITY OF CAPE GIRARDEAU � Office of the City Manager Council Memorandum No. 09-08 Agenda February 17, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Semiannual Summary of the Transportation Trust Fund II Attached please find Exhibits `A' and `B' . These exhibits combined with the comments below comprise the Summary of the Transportation Trust Fund II report for the period ended December 31, 2008. Exhibit `A' is divided into three sections. The top section shows actual expenditures, unexpended encumbrances (contracts entered into) , and total committed expenditu�es for each trust fund project since the inception of - the trust fund. The middle section shows all open contracts by contractor. The last section gives actual and projected revenue and expense information for the trust fund. Significant data from Exhibit `A' show that the fund had committed to � $21, 914, 121.52 in project expenditures and had a current fund balance of $1, 078, 150.70. As of December 31, 2008 projected total revenues were $23, 320,764. 62. Revenue projections assumed continued interest earnings on unexpended cash balances at current rates and a total estimated $455, 736.�8 in special assessment tax bills. Exhibit `B' is a summary of committed and projec�ed costs for each trust fund project. This summary shows the total current estimated costs being adjusted to reflect the latest engineering de�artment cost estimates. The contingency amount of $629,216.89 included in the cur�ent estimated costs is $2, 352,297.11 less than the $2, 981, 514.00 contingency amount in the original estimated costs. This results from a 21.46s or $4, 009,547.73 increase .in projected p�oject costs being partially offset �y a 7.65% or $1, 657,250.62 increase in projected revenues available for the projects. Respectfully submitted, � ohn R. Richbourg Finance Director ���2�� Dou las kC. Lesiie City Manager DKL:gc � � Exhibit"A" Summary Transportation Sales Tax Trust II Fund January 1,2001 through December 31,2008 � TRANSPORTATION TRUST PROJECTS ACTUAL OPEN TOTAL IN PRIORITY ORDER EXPENDITURES ENCUMBRANCES COMMITTED EXISTINGSTREETPAVINGPROGRAM 3,236,708.80 57,601.04 3,294,309.84 STREETICUR6\GUTTER REPAIR i,81o,552.18 0.00 1,810,552.is SIDEWALK REPAIR AND RECONSTRUCTION 205,368.65 0.00 205,368.65 NEW SIDEWALK CONSTRUCTION 618,625.77 0.00 618,625.77 UPDATEDINEW STREET LIGHTS i,2�0,58�.28 9,559.06 1,280,146.34 SILVER SPRINGS-MOUNT AUBURN TO KINGSHIGHWAY 2,026,208.15 0.00 2,026,208.15 SIEMERS DR.WIDENING WITH TRAFFIC SIGNALS- WILLIAM TO BLOOMFIELD i,4oi,949.87 0.00 1,401,949.87 SILVER SPRINGS-SHAWNEE PARKWAY TO MOUNT AUBURN 548,944.47 0.00 548,944.47 BLOOMFIELD ROAD-SIEMERS TO STONEBRIDGE (INCLUDING RAMSEY BRANCH BRIDGE) 1,894,484.20 0.00 1,894,484.20 INDEPENDENCE WIDENING-KINGSHIGHWAY TO PACIFIC 2,723,�85.46 2,390,697.�5 5,114,483.21 BROADWAY WIDENING AND IMPROVEMENT- PERRY AVENUE TO HOUCK PLACE 2,535,397.71 535.27 2,535,932.98 MOUNT AUBURN WIDENING AND IMPROVEMENT- WILLIAM STREET TO BLOOMFIELD ROAD 1,174,865.12 0.00 1,174,865.12 INDEPENDENCE GENERAL IMPROVEMENTS- SPRIGG TO WATER 4,364.66 0.00 4,364.66 CONTINGENCY AMOUNT 0.00 0.00 0.00 OTHER 3,886.08 0.00 3,886.08 � TOTALS INCLUDING MOTOR FUEL TAX FUNDING 19,455,728.40 2,458,393.12 21,914,121.52 LESS MOTOR FUEL TAX FUNDING TOTAL TRANSPORTATION SALES TAX FUNDING O�en Encumbrance Summarv FRONABARGER CONCRETERS INC 2,391,233.02 AMEREN 9,559.06 ASA ASPHALT 57,601.04 TOTAL 2,458,393.12 Current 1/1/O1 - 12/31/08 Total Projection Revenue and ExDense S»mmary Sales tax available 19,087,053.03 19,087,053.03 Grantrevenue 610,476.98 810,476.98 Interest 1,786,317.85 1,907,498.03 MotorFuelTax 1,060,000.00 1,060,000.00 Special Assessments 248,424.36 455,736.58 TotalRevenue 22,992,272.22 23,320,764.62 Expenditures 21,914,121.52 23,320,764.62 � Excess Revenue 1,078,150.70 0.00 r O (V � (h tp O o O O � N O a O1 O O O O O OD M N tD O O O O {� O O M OD � .-1 O .-1 � O l� .-1 �7 M O O O O t0 [� O In �p O M p M A OD �f M h �A .-I t0 M .�i V� O V� Uz \ a �o cn ao �n o �n N �n o �o N . . . . . � r' H e-1 C 01 t0 Of t!1 rl O 01 t0 O l0 . , �� � tD .--I .-1 GO OD N O t� V� H \ N �'1 �D v o M aR� N a W .� .�-i .--i P4 v oo �n � v �n � r o .-+ ao c� �o o ao c� o c� ao .i �o r cn ,a m � N N rn .-+ �o 0 0 �n o � q . . . . . . . . . . . . . . . , . . W ^,!,' � Q1 N UD ltl t0 aD 41 cf cf M N �fl � O t0 ,..� O ,-� H CJ O � �O N V' O V V' aD aD f+'1 �O � OD N N E-� .'7 � M � M �D .-1 N Of 01 sf �f Of OD M aD .-1 .-1 H O �„� . . . . . . . . . . . . . . . . v o �n ao o �n .-� m v v �n �r v cn �r v � rn � o .-+ m c� o �r rn .� r► r .-� .-� O H � N OD N �O N O V �+'! CD .� u') .-1 01 01 � V . . � � . . . . . . . � M .� .-1 N .-I .-I In N .-1 .-1 .-1 3 N N ll.. �� V' O O O O � [� l� O O O N O O1 GO N O N 00 O O O O .--1 GO d' (V O O .-1 O OD O t0 O �O X 01 O O O O UD a1 V' V' O O tn O �O t0 V� O V� � H W O O O O O O V' d' GD O O t0 O .-1 OD t0 O t0 N z H H M O O O O N O1 01 'c7 O O OD O1 N GO l� O [� � � � V� 1n 111 1!1 O t0 e-1 OD d' O [� V� V' O1 M O O O � O � H U 01 [� N CV O N O �N Qt O M [� OD N N � �O N dD N � tn O V' � aD N �A .-1 N1 t0 M O N O U � M .�-I .-i N .-I .-1 �'I N .1 M .-7 N p N W N N �� � � M O � Q � H � � N � O O O O O O O O O O O O O O 0 O O O _ F O O O O O O O O O O O O O O O O O O m p W o 0 0 0 0 0 0 0 0 0 0 0 o v o v o v _ � o 0 0 0 0 0 0 0 0 0 0 0 0 .� .i o .� �� � � � E�.. o 0 0 0 0 0 0 0 0 0 0 0 0 �n ui o u�► L O p CJ H O O Ul O O O N .--I OD OD t� [� [� [� .-I f''1 O M � X (� L H H U � r O � O N �O aD N O N '-I N OD t0 O t0 W � �L, p', tq N OD � .--1 tll O �[1 O N .--I 01 .-i fh 01 l0 O t0 N .- O W ch .-i .-I .-1 ri � N N .--� .--� N .� .-i O V OO N N O N a` � z c m � m � -a � p=p U � � Q Q � � � U U V � � � W a Z Z U z o � N Z � � � F= � fn Z � � � Z � � � � Q Z > ~ > > � a � � Z c� H W ^ � W G Z u. � ~ 0 V O V Q OC7 C� W � � � � � � � a � Z LL Y v~i � = OW � p > J � � N Z � � N � V J 0 U' (n � � � a p � H m = a �i x Z � a Z W � � C � O a a V U = � t- w � V Y p � � � z vai � a Z � � � � � � o Z g � z Q � z � � E- 0 �X O G H �-- z c9 w t9 O w m W F- Q N Z a � a p � � W � N � w � Z p � 0 w � O C9 � H Z w � a V ci v� � p N O � � � ~ Z � � �-W- a Z � O � � m w Q W z � m z o �a z � z � � z � v � � "� ai � � � Z � � o � J c� w � w m f- w 0 z t� p z V Y W � a H a w Z p Q > > c� p � w Z F- �# � � o w N y � � � o Z � a Qg Z � N � � �� � � W � y Q w W J w O � a a � Z � W � � w Q �n Q w � X � o w �a � w =� � � z � � w 0 J � a O t=- O w O w v� in z � in in � rn m � ? ma � � ? rn c� o � � � CITY OF CAPE GIRARDEAU � Office of the City Manager Council Memorandum No. 09-09 Agenda February 17, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Semiannual Summary of the Transportation Trust Fund III Attached please find Exhibits `A' and `B' . These exhibits combined with the comments below comprise the Summary of the Transportation Trust Fund III report for the period ended December 31, 2008 Exhibit `A' is divided into three sections. The top section shows actual expenditures, unexpended encumbrances (contracts entered into), and total committed expenditures for each trust fund project since the inception of the trust fund. The middle section shows all open contracts by contractor. The last section gives actual and projected revenue and expense information for the trust fund. Significant data from Exhibit `A' show that the fund had committed to $9,361,106.19 in project expenditures and had a current fund balance of $3,744,933.63. As of December 31, 2008 projected total revenues were $24,399,168.47. Revenue projections assumed 1.5� growth in future sales tax collections, interest earnings on average unexpended cash balance of $3,000,000 at 4g over two years, 5996,032 in grant revenues associated with the Fountain Street project and transfers of $1,465,000 from the motor fuel tax fund. � Exhibit `B' is a summary of committed and projected costs for each trust fund project. This summary shows the total current estimated costs being adjusted to reflect the latest engineering department cost estimates that were included in the proposed CIP budget. The contingency amount of $10,436.47 included in the current estimated costs is $2,781,563.53 less than the $2,792,000.00 contingency amount in the original estimated costs. This results from a 31.400 or $5,827,732.00 increase in projected project costs being partially offset by a 14.27$ or $3,046,168.47 increase in projected revenues available for the projects. Current sales tax revenue is projected to be 3.35� greater than originally projected and there were no interest earnings or grant revenue in the original revenue projections. The current contingency amount is equal to only .fl7� of the current projected remaining project costs. Completion of all the remaining projects is contingent on no further increases in total current projected costs and sales tax revenues growing at 1.5� annually for the remainder of the tax. Respectfully s l�mitted, ��, �\ John R. Richbourg Finance Directo/��'� �(r Douglas K. Leslie City Manager DKL:gc � Exhibit"A" Summary Transportation Sales Tax Trust III Fund January 1,2001 through December 31,2008 � TRANSPORTATION TRUST PROJECTS ACTUAL OPEN TOTAL IN PRIORITY ORDER EXPENDITURES ENCUMBRANCES COMMITTED EXISTING STREET PAVING PROGRAM 1,209,238.2� 41,459.65 1,250,697.92 STREETICURBIGUTTER REPAIR 648,104.29 0.00 896,104.29 SIDEWALK REPAIR AND CONSTRUCTION 335,698.02 0.00 335,648.02 MOUNT AUBURN-INDEPENDENCE TO KINGSHIGHWAY 335,750.51 17,691.BS 353,442.36 BLOOMFIELD ROAD-STONEBRIDGE TO BENTON HILL ROAD (INCLUDING BENTON HILL ROAD INTERSECTION) 681.01 0.00 681.01 RAMSEY BRANCH ROAD-SIEMERS DRIVE AT ARMSTRONG DRIVE TO ROUTE K 226,627.26 25,969.10 252,596.36 SPRIGG STREET-SHAWNEE PARKWAY TO WILLIAM 1,000.00 0.00 1,000.00 BEND ROAD-MASON STREET-MAIN STREET, MILLSTREETTOCAPEROCKDRIVE 172,213.87 68,227.57 240,941.44 VANTAGE DRIVE-KINGSHIGHWAY TO SCENIC DRIVE 496,166.75 60,723.85 556,690.60 KINGSHIGHWAY-CAPE ROCK-BROADVIEW- MARIA LOUISE INTERESECTIONS 0.00 0.00 0.00 LASALLE AVENUE-I-55 AT NEW CAPE JACKSON INTERCHANGE TO ROUTE W 3,733,673.01 1,384,515.80 5,118,188.81 FOUNTAIN STREET-MORGAN OAK TO WILLIAM 402,509_83 905.55 403,415.38 CONTINGENCY AMOUNT 0.00 0.00 0.00 OTHER 0.00 0.00 0.00 TOTALS INCLUDING MOTOR FUELTAX FUNDING 7,761,612.82 1,599,493.37 9,361,106.19 � LESS MOTOR FUEL TAX FUNDING TOTAL TRANSPORTATION SALES TAX FUNDING QpPn Enc++�+ rance SLmmarv SMITH AND COMPANY 110,196.62 FRONABARGER CONCRETERS INC. 104,719.97 CRAWFORD,BUNTE,BRAMMEIER 111,943.63 GERTIS,LESTER,DAMERON ASSOCIATES 107,898.67 DUM EY EXCAVATION 3,422,878.63 EAGLE EXCAVATION B,500.00 KEVIN WILLIAMS EXCAVATING 7,400.00 BOWEN ENGINEERING AND SURVEYING 88,658.10 TOTAL 3,962,195.62 Current 1/1/O1 - 12/31/OB Total Projection RevenLe and ��ense S+�arv Sales tax available 11,937,958.20 21,020,000.00 Grantrevenue 75,870.86 996,032.00 Interest 654,074.29 895,000.00 Donations 23,136.47 23,136.47 MotorFuelTax 415,000.00 1,465,000.00 Special Assessments 0.00 0.00 TotalRevenue 13,106,039.82 24,399,168.47 � Expenditures 9,361,106.19 24,399,168.47 Excess Revenue 3,744,933.63 0.00 07 r-i N � Ol � O lfl O O 61 N [� � OO O OO O [� Ol l0 Ol l0 O � � O r-i l0 d' O N O N � Q N � � f� N M O ap Ol O �-i �O \O O N O N O Ql � � rl O O � O O ri r-i M l0 O l0 � C7 � M OD M � Ol N I� � ri O W l0 C O O O UZ 0 . . . . . . � . . . . . . . . . � O �' � d' O O M �O N (`') O �--I N O N � M � Z M l0 N rl t1) O V� �' l0 V� O (''') C rl M l0 l� . . 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O z z � � � w wv � v � Z � a � Z y � a � w V W � � � O Z � O x � w a w � � _ p ? j a Z w v~i = Q O Q y W � W w � � � z O �LLC O a a W Q � ' Z O �' x z a Z Q a _ Q � � � t��- a v� a � � ? G 0 � w y O Q Y V w � = F,,, O t9 � � z � � � Q F. _ > � r n t� � , � w t� w � z w w � Q z � z t� � F- a O W � � � � w a p � � � � � � � cm Z � w � f- > � W � z ai v � � � fn � m J � � Z � � W p = � Q — Z C) � Z � U � Q � ? m O tn p � W t9 O W Z Z � Z O � � z F a �. � � w � c� � � � _ � � o a Z v, � � f= W � Z p � v� v� C9 p N � tn Q Q Y Z H W Q rn Q X � � O � Z � � a w � Q Z a Q Q O 0 � O w O W v� rn � oo � Q v� oD � > Y � � � u. c� O F- � F- CITY OF CAPE GIRARDEAU - � � Office of the City Manager Council Memorandum No. 09-10 Agenda February 17, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Semiannual Summary of the Public Safety Trust Fund. Attached please find Exhibits `A' and `B' . These exhibits combined with the comments below comprise the Summary of the Public Safety Trust Fund report for the period ended December 31, 2008. Exhibit `A' is divided into two sections. The top section shows actual expenditures, open encumbrances (contracts entered into but not spent) , and total committed expenditu�es for each trust fund project since October 1, 2004, the inception of the trust fund. The bottom section gives actual and projected revenue and expense information for the trust fund. Significant data from Exhibit `A' show that the fund had committed to $10,003,514.41 in capital related expenditures and had transferred $4,218,929.08 to the general fund to support public safety salaries, 3 firefighter positions, and the communication operations. At the end of December the fund had a fund balance of $871,327.11. As of December 31, 2008 projected total revenues through the expiration of the capital portion of the fire sales tax were $29,916,086.98 Revenue projections assumed 3.30% � growth on sales tax revenues {growth required to complete all projects) , interest earnings on unexpended cash balances at current rates, 5 years of lease revenue from station #3's communication tower, and interest earnings on the debt service reserves of the bonds that were issued in May 2005. At December 31, 2008, expenditures to accomplish objectives of the public safety trust fund were projected to be $29,908,970.22. Expenditure projections have been adjusted to reflect contracts that have been issued since the last report, allow for 3o inflation and include debt service payments on outstanding debt. ' Exhibit `B' is a summary of committed and projected costs for each trust fund project. This summary shows the total current estimated costs being adjusted to reflect contracts that have been issued since the last report and reflects minor revisions to the original items that were proposed to be funded through the trust. Staff wi13. be happy to answer any questions you may have regarding this report. Respectfully submitted, C (J" " � John R. Richbourg Finance Director ���i� Douglas K. Leslie City Manager DKL:gc � 6chibR"A' Summary of Public Safety Trust Fund Odober 1,2004 through December 31,2008 ACTUAL OPEN TOTAL � PUBLIC SAFETY TRUST PROJECTS EXPENDITURES ENCU!ffiRANC£S COPIIdSTTED - FACILITY WSTS: Construction of Pire station N3 with emerqency operations center and comnunication center $ 2,838,214.42 $ 6,960.90 $ 2,845,175.32 Replace roof 6 renovate fire station 95,919.G8 - 95,919.48 Replace roof S renovate £ire station 124,223.55 - 124,223.55 Renovate £ire sWtion AI 98,127.56 5,016.88 103,1G4.44 FY�ture site station �4 180,613.00 180,613.00 Total costs Eire facilities $ 3,337,098.01 $ 11,977.78 S 3,349,075.79 Replace air conditioninq system at po 211,267.37 $ - $ 211,267.37 Renovate police station 120,098.12 - 120,098.12 Improvements on Frederick Street property ]45,323.19 - 145,323.19 ToWl costs police facilities $ 476,688.68 $ $ 476,688.68 VEHICLE COSTS: Quint fire truck $ - S - S - Ladder truck 565,d98.18 - 565,G98.18 Plat£orm ladder trvek (FYE 6-30-12) - - - Pumper fire enqine 409,359.00 - C09,359.00 Pumper Pire enqine 409,257.00 - C09,257.00 Pumper fire engine 444,810.00 - GG4,810.00 Refurbish ladder truck 48,804.64 - 48,804.64 Upqrade 2003 pumper fire engine 8,99G.68 - 6,994.68 09) ' - - Rascue boat 122,783.24 122,783.24 Total costs fire vehicles S 2,009,506.7G 5 S 2,009,506.74 per year) S - $ ' $ - Poiiae vehicles (35 vehicles - 7 per year for next 5 years) - - - � 9 patrol vehicles (FYE 6-30-09) 177,363.32 33,621.44 210,980.76 � 8 patrol vehicles (FYE �6-30-08) 20G,903.10 - 20G,903.10 8 patrol vehicles (FYE 6-30-07) 18G,392.73 - 18d,392.73 8 patrol vehicles (FYE 6-30-06) 173,306.00 173,306.00 20 patrol vehicles (FYE 6-30-05) 426,375.00 - 426,375.00 5 specialty vehicles (FYE 6-30-OS) 82,600.00 - 82,600.00 � � Total costs police vehicles � S 1,2C8,9G0.15 S 33,621.G4 $ 1,282,561.59 � EQUIPMENT COSTS: Self-contained breathinq apparatus S 33,265.45 $ - $ 33,265.45 Rescve equipnent 25,845.00 - 25,BG5.00 Fire communication eqvipment 130,105.59 1,750.00 131,855.59 Fire protective equipment 129,913.82 2,373.00 132,286.82 Four thermal imaginq cameras 30,800.00 - 30,800.00 Cardiac Monitors 29,498.47 29,498.47 Total costs fire equipment S 379,A28.33 S A,123.00 S 383,551.33 Police coavnunication equipment $ 40,97A.30 $ 2,696.00 $ 43,670.30 Police protective equipment 2,B87.50 - 2,887.50 32 semi automati�ce rifles 25,CG0.00 - 25,CG0.00 16 semi avtanatice rifles 12,080.00 - 12,080.00 12 ahot guns 6,357.00 - 6,357.00 4 radar units 9,255.00 - 9,255.00 C6 tasers and cartridqes 40,105.56 - 40,105.56 Total cost police equipnent S 137,099.36 $ 2,696.00 S 139.,795.36 DEBT SERVICE CASTS: Principal S 1,554,500.00 $ - 1,554,500.00 Znterest and other costs 607,83d.92 807,834.92 Total debt service costs S 2,362,33d.92 S - S 2,362,334.92 TOTAL G+PITAL RELATED COSTS $ 9,951,096.19 S 52,418.22 S 10,003,514.A1 OPERATING COSTS: Co�mmunication operations S 1,200,E24.17 S - S 1,200,42A.17 Cost oF 3 new firefighters 400,141.41 - 400,141.41 Grant match for 3 firefighters - - - Public safety salaries-competive adj 2,618,363.50 - 2.,618.,363.50 TOTAL OPERATING COSTS S 4.z18,929.08 $ $ 4.218,929.08 � Rev nue and Etroance��� 10/1/OG - 12/31/08 Pro7ected Sales tax $ B,G22,405.27 $ 22,962,672.28 Interest G89,852.28 687,901.65 � Other income - BC,000.00 Hond proceeds 6,181,513.05 6.,1Bi,513.05 Total Revenue $ 15,093,770.60 $ 29,916,086.98 £xpenditures 14,222�C43.d9 29,908,970.22 Fund Balance S 871,327.11 $ 7,116.76 Exhibit"B" Summary of Committed and Projected Costs- Public Safety Trust Fund October 1,2004 through December 31,2008 � ORIGINAL CURRENT COhIISITTED PROJECTED PIIBLZC SAFETY TRUST PROJ'ECTS ESTIID�TED ESTII�ATED THROUGH REt9\INZNG AT COSTS COSTS 12/31/2008 12/31/2008 FACILZTY COSTS: Construction of £ire station �3 with emergency operations center and communication center $ 2,050,000.00 $ 3,000,000.00 $ 2,845,175.32 $ 154,824.68 Replace roof 6 renovate fire station 150,000.00 95,919.48 95,919.48 - Replace roof 6 renovate fire station 50,000.00 124,223.55 124,223.55 - Renovate fire atation #1 300,000.00 199,243.97 103,144.44 96,099.53 E�ture site station #4 180,613.00 180,613.00 Total costs fire facilities $ 2,550,000.00 $ 3,600,000.00 $ 3,349,075.79 $ 250,924.21 Replace air conditioninq system at p $ 250,000.00 $ 211,267.37 $ 211,267.37 $ - Renovate police station 300,000.00 S 193,409.44 120,098.12 73,311.32 improvements on Frederick Street property 145,323.19 145,323.19 Total costs police facilities $ 550,000.00 $ 550,000.00 $ 476,688.68 $ 73,311.32 VEHICLE COSTS: Quint fire truck $ 550,000.00 $ - $ - $ - Ladder truck - 565,498.16 565,498.18 - Platfoxm ladder truck (FYE 6-30-12) 750,000.00 800,000.00 - 800,000.00 Pumper fire engine 425,000.00 409,359.00 409,359.00 - Pumper fire enqine 425,000.00 409,257.00 409,257.00 - Pumper fire enqine 425,000.00 444,810.00 444,810.00 - Refurbish ladder truck 150,000.00 48,804.64 48,804.64 - Upqrade 2003 pumper fire engine - 6,994.68 8,994.68 - 09) 45,000.00 45,000.00 - 45,000.00 Rescue boat 122,783.24 122,783.24 Total costs fire vehicles $ 2,770,000.00 S 2,854,506.74 $ 2,009,506.74 $ 845,000.00 per year) $ 2,000,000.00 $ - $ - $ - Police vehicles (35 vehinies - 7 � per year for next 5 years) 966,670.51 - 986,870.51 9 patrol vehicles (FYE 6-30-09) 210,984.76 210,984.76 8 patrol vehicles (FYE 6-30-OB) 204,903.10 204,903.10 - 8 patrol vehicles (FYE 6-30-07) 184,392.73 184,392.73 - 8 patrol vehicles (FYE 6-30-06) 173,306.00 173,306.00 - 20 patrol vehicles (FYE 6-30-OS) - 426,375.00 426,375.00 - 5 specialty vehicles (FYE 6-30-OS) 82,600.00 82,600.00 Total costs police vehicles $ 2,000,000.00 2,269,432.10 $ 1,282,561.59 S 986,870.51 EQUZPMENT COSTS: Self-contained breathinq apparatus $ 200,000.00 $ 33,265.45 $ 33,265.45 $ - Rescue equipment 100,000.00 78,330.49 25,845.00 52,4B5.49 Fire communication equipment 150,000.00 131,855.59 131,855.59 - Fire protective equipment 100,000.00 221,250.00 132,286.82 88,963.18 Four thermal imaginq cameras - 30,800.00 30,800.00 - Cardiac Monitors 29,498.47 29,498.47 Total costs fire equipment $ 550,000.00 $ 525,000.00 $ 383,551.33 $ 141,448.67 Police communication equipment $ 150,000.00 $ 150,000.00 43,fi70.30 106,329.70 Police protective equipment 100,000.00 6,762.44 2,BB7.50 3,874.94 32 semi automatice rifles - 25,440.00 25,440.00 - 16 semi automatice rifles - 12,080.00 12,080.00 - 12 shot guns - 6,357.00 6,357.00 - 9 radar units - 9,255.00 9,255.00 - 46 •tasers and cartridges 40,105.56 40,105.56 Total cost police equipment $ 250,000.00 $ 250,000.00 $ 139,795.36 $ 110,204.64 DEBT SERVICE COSTS: Yrincipal $ 4,500,000.00 $ 6,190,000.00 $ 1,554,500.00 $ 4,635,500.00 Interest and other aosts 1,330,000.00 1.,685,579.99 807,834.92 877,745.07 Total debt service costs $ 5,830,000.00 $ 7,875,579.99 $ 2,362,334.92 $ 5,513,245.07 TOTAL CAPITAL RELATED COSTS $ 14,500,000.00 S 17,924,518.83 $10,003,514.41 $ 7,921,004.42 � OPERATING COSTS: - Communication operations $ 3,325,000.00 S 3,624,486.54 S 1,200,424.17 $ 2,624,062.37 Cost of 3 new firefiqhters 1,092,500.00 1,254,335.97 400,141.41 854,194.56 Grant match for 3 firefighters - 496,173.00 - 496,173.00 Public safety salaries-competive ad S,SB2,500.00 6,409,455.88 2,618,363.50 3,791,092.38 TOTAL OPERATING COSTS $ 10,000,000.00 S 11,984,451.39 $ 4,218,929.08 $ 7,765,522.31 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular $E',SSIOCI February 2,2009 GG-249 �. REGULAR SESSION—FEBRUARY 2,2009 '-�� F" The Cape Girardeau City Council convened in regular session on Monday,February 2, 2009, at , 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Mark Lanzotti,Marcia Ritter, Loretta Schneiier,Debra Tracy and John Voss presen� � Reverend Mark Anderson of Lynwood Baptist Church presented the invocatioq and Chad Ziegler of Boy Scout Troop 16 led the Pledge of Allegiance. Prior to the regular session,the City Council convened in closed sesson for purposes of discussing personnel,confidential communications with the City Attorney, litigation and property acquisition pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mrs. Tracy's motion, Ms. Ritter's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. The minutes of the January 20, 2009, regular and closed sessions were approved upon Mr. HerbsYs motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. The agenda was approved as distributed upon Mrs. Schneider's motion,Mrs. Tracy's second,and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. � COUNCIL COMMUNICATIONS Ms. Ritter, local Red Cross Board of Directors President, gave an update of the organization's efforts in response to the recent snow and ice conditions, including establishing shelters and meal service. More than 900 people were being housed in the warming shelters each night, and over 18,000 meals had been served during the week, with 51 Red Cross volunteers involved She announced that the Red Cross was asking for donations to the Emergency Relief Fund to cover the costs of the response to this disaster,and the telephone number to call for assistance is 1-800-get- info. Ms. Ritter also expressed her appreciation to the City of Cape Girardeau for their joint relief efforts. Fire Chief Rick Ennis updated the Council about the Cape Girardeau Fire Department's response to the snow and ice. Some areas in the South side of Cape Girardeau had experienced power outages for between two and three days, and a warming shelter had been set up at the Salvation Army facility on Sprigg Street Crews had worked on several collapsed buildings, and upon the request of Sikeston's Mayor, a fire crew had been dispatched to assist in the response by the Sikeston Department of Public Safety. In addition, he noted that a crew was working in Kennett ' through the week to relieve their fire crews. Mr. Dan Muser, Director of the Parks and Recreation Department,addressed the Council, noting that his department handles the logistics for City emergency situations. He reported that a warming center had been opened at the Osage Center and that Arena Park had served as a housing and command center for AmerenUE services, AmerenUE brought in housing, shower, and food � trailers for their employees' use, and they anticipated that they would begin moving out the equipment by the end of the week. Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SS1011 February 2,2009 GG-250 Mr. Bruce Loy, Cape Girardeau Regional Airport Manager,told the Council that the atrport a housed the Air Evac Lifeteam out of Sikeston. Airport crews had worked for three days to open one runway for regional air traffi� and that airfield lights, the airport terminal and the air traffic --�1 control tower could be operated by bacl�up generators, if necessary. I � I Public Works Director Mr. Tim Gramling reported that Bob Kutak, Traffic Operations Engineer, i . { managed the Public Works Department's response to the storm, exceeding 98 hours of operation � in the last week. He said that the 5-6" of accumulated ice was very difficult to handle and had severely damaged equipment. He noted that 500 tons of salt had been used during the storm,and an additional 500 tons of salt had been delivered late in the week. Mr. Gramling suggested that the Council consider a snow-route program or ordinance limiting the number of cars permitted to park on City streets, as it would aid in efforts to clear the mads. Mr. Leslie noted that the Public Works Department operated on generator power on the first day of the storm. He also complimented AmerenUE on their response to the power outages in Cape Girardeau and throughout Southeast Missouri. Mr. Gramling stated that limb removal will begin Tuesday,February 3,2009, on a limited basis. Mrs. Tracy commended Public Works Department staff on their response to the situation. Mr. Leslie then announced that Michelle Hahn, Public Information Officer for the City,would be resigning her position effective Friday, February 6, 2009. She has accepted a position at KFVS Channel 12. � PUBLIC HEARINGS This being the date set for a public hearing regarding the reyuest of Kelli Seabaugh for a Special Use Permit to operate a business for sign design and retail sales and to install a sign on an existing sign post on the property at 401 S. West End Boulevard, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items:(1) Section 30-39 entitled"Special Use Regulations"from the City Code; (2)the application for special usepermit; and(3)the application file Mr. Steve Rector appeared before the Council in support of the request and to answer questions. Ms. Ritter asked him if parking would be an issue at the proposed location. Mr. Rector replied. that the business would not have a lot of walk-in traffic,because he usually meets with customers at their businesses Deliveries will be accepted on Tuesdays and'Thursdays only. There being no further appearances,the hearing was closed. - BILL NO. 09-28 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO KELLI R. SEABAUGH, STEVF RFGTQR, TERRY W. LYNCH AND BETTY C. LYNCH FOR PURPOSES OF MAINTAINING AND OPERATING A SIGN DESIGN AND RETAIL BUSINESS AT 401 SOUTH WEST END BOULEVARD, IN T'I� CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular SeSSIOtI Februa 2 2009 GG-251 The first reading of BILL NO. 09-28 was approved upon Mrs. Schnei er's mot�on,Mr. Her st s second, and the following vote:Ayes,Herbst,Knudtson,Ritter,Schneider,Tracy and Voss. Nays, none. Mr. Lanzotti abstained from voting on BILL NO. 09-28 for financial reasons because the law firm where he worksmay be instituting adverse legal action againstthe applicants. APPEARANCES Mr. Felix Kinsley, 325 North Sprigg Street, addressed the Council and commended City staff for their response to the recent snow event. CONSENT ORDINANCES The following bills were given second and third readings: BILL NO. 09-19 AN ORDINANCE APPROVING THE RECORD PLAT OF CROWN SUBDIVISION BILL NO. 09-22 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING STOP SIGNS ON THEMIS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 09-23 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 � OF THE CITY CODE, BY ESTABLISHING A NO PARKING ZONE ON THOMAS DRIVE, IN THE CITY OF CAPE GIRARDEAU, - MISSOURI The second and third readings of BILL NOs. 09-19, 09-22, and 09-23 were approved and the ordinances adopted upon Mr. Herbst's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst,Knudtson, Lanzotti,Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 09- 19 is ORDINANCE NO. 4001; BILL NO. 09-22 is ORDINANCE NO. 4002; and BILL NO. 09- 23 is ORDINANCE NO.4003. � RESOLUTIONS BILL NO. 09-26 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT AND REQUEST FOR PROVISIONALLY ACCREDITED LEVEE DESIGNATION AND AGREEMENT TO PROVIDE ADEQUATE COMPLIANCE WITH THE CODE OF FEDERAL REGULATIONS FOR TI-�DOWNTOWN CAPE GIRARDEAU LEVEE SYSTEM WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY The reading of BILL NO. 09-26 was approved and the Resolution adopted upon Mrs. Schneider's motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 09-26 is RESOLUTION NO. 2420. Mr. Leslie remarked that BILL NO. 09-26 relates to the downtown floodwall and pumping stations. � The agreements referred to in this Bill and in Bill No. 09-27 give the City time for the accreditation process with the Federal Emergency Management Agency while improvements are being completed over the next two years. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SeSSIOtI February 2,2009 GG-252 BILL NO. 09-27 was presented as follows: A RESOLUTION AUTHORIZING TI� CITY MANAGER TO EXECUTE A LETTER OF : AGREEMENT AND REQUEST FOR PROVISIONALLY ACCREDITED LEVEE DESIGNATION AND AGREEMENT TO PROVIDE ADEQUATE COMPLIANCE WITH THE CODE OF FEDERAL REGULATIONS FOR THE LITTLE RIVER HEADWATER DIVERSION LEVEE WITH THE FEDERAL EMERGENCY MANAGEMENT AGENCY AND THE LITTLE RIVER DRAINAGE DISTRICT The reading of BILL NO. 09-27 was approved and the Resolution adopted upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider,Tracy and Voss. Nays,none. BILL NO. 0927 is RESOLUTION NO. 2421. LIQUOR LICENSES Mr. Voss made a motion, seconded by Mr. Herbst,to conditionally approve a retail liquor by the drink license for Patricia A.Allen, d/b/a Celebrations—Downtown, 19 S. Spanish,Patricia A. Allen, Managing O�cer. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Lanzotti,Ritter, Schneider,Tracy and Voss. Nays,none. OTHER A motion accepting the overlay improvements on Morgan Oak Street, and authorizing final + � payment to ASA Asphalt, Inc. was approved upon Mr. Herbst's motion, Mrs. Schneider's second, '��� and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none. There being no further business, the Ciiy Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti,Ritter, Schneider, Tracy and Voss. Nays, none. Jay B. Knudtson, Mayor Gayle L. Conrad,City Clerk �^ � MINUTES � HISTORIC PRESERVATION COMMISSION City of Cape Girardeau PO Box 617 Cape Girardeau, MO 63702-0617 October 1 S, 2008 The Historic Preservation Commission held their regular meeting October 15, 2008, at 7:00 p.m., at City Hall, 401 Independence Street. Members Present: Bill Eddleman - Chair, Steve Pledger- Vice Chair, Jim Blakemore, Donna Grantham, Ed Kaiser, Dick Withers, Felix Kinsley (Honorary Member). Members Absent: Patti House, Scott House, Sharon Giebler Staff Present: Ken Eftink, Sarah Wallace, and Richard Reinhardt 1. Upon motion made, the minutes of the September 17�h, 2008 meeting were unanimously approved. 2. Presentation by the Chairman. Chairman Eddleman presented Brenda Schloss with a plaque � for her 19 years of service with the City of Cape Girardeau. Eddleman also presented Schloss with a resolution from the Missouri Senate in recognition of her years of service with the City of Cape Girardeau and the Historical Preservation Commission. 3. Main—Spanish Commercial Historic District. Terry Foley gave a power point presentation on the national register nomination. It will be the largest district for the City of Cape Girardeau to date. After the presentation, chairman Eddleman had questions about the procedures and why nominations are sent to the State before the HPC received it? Foley responded that the nomination needs to be sent to the state before HPC because during the application process for nomination, the state may send the application back with substantial changes for revision and nomination may need considerable changes to be accepted. The State is looking for support from the local communities on the nomination and any comments that the HPC has can still go to the state. Eddleman asked if all property owners are aware of the pending nomination. Foley responded that they all have been contacted and are aware. Ed Kaiser made the motion to approve of the nomination for Main— Spanish Commercial Historic District, seconded by Jim Blakemore, approved by voice vote 6-0. 4. Education Committee. The Education Committee had no report. 5. Landmarks Committee. The Landmarks Committee had no report. 6. Publicity Committee. The Publicity Committee had no report. � 7. Other business. None 8. Staff time. The Commission asked that staff contact the HPC members two weeks in advance to determine the agenda for the meeting. The mailing for the meeting can follow. � Ken Eftink updated the Commission on the floodwall project. Marla Mills, from Old Town Cape, gave an update on buildings that are in progress with updates or changes. Eftink also gave an update to the Commission on the downtown parking lot, Preserve America grant, the HVAC grant that was received for the Common Pleas Court House, and Dr. Dobbin's from the University's presentation to the City Council earlier in the week. 9. With no further discussion Jim Blakemore made a motion to adjourn the meeting, seconded by Richard Withers, passed by voice vote. � � , � BOARD OF EXAMINERS MINUTES City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63702-0617 January 7, 2009 To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Ladies and Gentlemen: The Board of Examiners meeting was called to order on Wednesday, January 7, 2009, at 7:02 p.m. The minutes of the November 5, 2008 meeting were approved. � Review of Examination Applicants The Board reviewed the qualifications of the following applicants for examination for mechanical installer and journeyman electrician licenses. 1. Christopher Talley - Mechanical Installer APPROVED Stan Wicks made a motion to approve the application of Christopher Talley to take the Mechanical Installer's e xam. Marcus Wicks seconded the motion. The motion passed 7-0 in favor. � BOARD OF EXAMINERS MINUTES � January 7, 2009 Page 2 2. Josh Holcomb - Journeyman Electrician TABLED Stan Wicks made a motion to table the application of Josh Holcomb to take the Journeyman Electrician's exam; Mr. Holcomb was not present for the meeting. Dan Stitz seconded the motion. The motion passed 7-0 in favor. Other Business Kris Levill appeared before the board to request action against a licensed electrician. Ms. Levill lives at 2107 Sherwood in Cape Girardeau. She employed Mr. Steve French to repair storm damaged service on her house,but Mr. French does not have an electrician's license with the City of Cape. Mr. French contacted Bobby Carr, with B & C Electric,to pull the permit, the work was completed and an inspection was done by Inspector, Steve Higgerson and the work completed did pass inspection. After the inspection, added electrical work was done by Mr. French; this work was below standard and caused a fire when new siding was replaced on the home a few months later. Mr. Michael Haas was employed to install new siding on the home, i� Mr. Haas also holds an electrical license with the City of Cape, and he agreed to repair the electrical problems that caused the fire. Upon inspection by the City electrical inspector and Mr. Haas, they found some very shoddy workmanship by Mr. French, Bobby Carr pulled a permit on the service entrance but did not pull a permit for work being done under the house. Ms. Levill had to pay Mr. Haas for the work that had previously been done my Mr. French and she is very concerned that someone could have been hurt from the electrical fire. She contacted Mr. Carr and he spoke with Mr. Haas and he said he would repair the problem,but he did not return to correct the problems, he said he did not do the rewire of the house; apparently he was not aware of the work Mr. French had completed under his permit he pulled for this location. She is also concerned with her air conditioner because this is where the wiring arced and caused a fire, it may have damaged the air conditioner outside unit also. Dan Stitz read the city ordinance pertaining to licensing and working without permits and told Ms. Levill the person working without a license or permits could be brought in to the board under the city provisions. The person that pulled the permit and let someone else work under his license can also be brought before the Board of Examiners and be reprimanded. Unless she takes Mr. Carr to court and gets a judgment against him the board can not suspend his electrical license. But Mr. French can be issued a summons from the police department for working inside the city limits of Cape without a license or a permit. The board asked the city staff to contact the City Attorney for guidance in the possible legal actions against Steve French or Bobby Carr. � BOARD OF EXAMINERS � MINUTES January 7, 2009 Page 3 Election of Officers: Chairman—Tim Pinkley Vice Chairman—Marcus Wicks Secretary—Stan Wicks Dan Stitz made a motion to elect Tim Pinkley as Chairman. Marcus Wicks seconded the motion. The motion passed 7-0 in favor. Leonard Jansen made a motion to elect Marcus Wicks as Vice-Chairman. Dan Stitz seconded the motion. The motion passed 7-0 in favor. Marcus Wicks made a motion to elect Stan Wicks as Secretary. Dan Stitz seconded the motion. The motion passed 7-0 in favor. Adjournment Leonard Jansen made a motion to adjourn the meeting; Dennis Coomer seconded the motion. The motion passed 7-0 in favor. The meeting adjourned at 7:50 p.m. The next � regularly scheduled meeting of the Board of Examiners is February 4, 2009. Respectfully Submitted, G�� /� vv Stan Wicks Secretary Present: Dan Stitz, Tim Pinkley, Marcus Wicks, George Reutzel, Leonard Jansen, Dennis Coomer and Stan Wicks Absent: None � Staff: Tim Morgan and Dianna Barnes � � ' '. Planning and Zoning Commission City of Cape Girardeau 4011ndependence 1(�la���r l�{ r i��c•r lrzrrr+�T f aorr+an��ta1�.� Cape Girardeau, MO. 63703 573-334-8326 MEETING MINUTES January 14, 2009 Present: William T. Hinckley, Ralph C. Maxton, Trae Bertrand, K. Scott McClanahan, Harry E. Rediger, and Trisha Mothershead Absent: Charles O. Haubold, Jr., Raymond G. Buhs, and Scott M. Rhodes Staff Present: Sarah Wallace, and Richard S. Reinhardt, Jr. Call to Order. Chairman Hinckley called the meeting to order at 7:00 p.m. � Approval of Minutes. The minutes of the December 10, 2008, regular meeting were approved unanimously upon motion by Scott McClanahan and seconded by Harry Rediger. Appearances of Items not on the Aqenda Charles and Debbie Devers of 1729 Luce Street addressed a concern that they have with a pole barn being constructed in a residential zone not far from their residence. They were concerned about their property values when a neighbor began constructing an accessory building on his property at 1716 Themis, as this accessory building is being constructed as a pole barn. Charles and Debbie Devers informed the commission that the pole barn is bigger than the house itself and that every square inch of the yard that could be built on, has now been built on. The Devers noted that they understand that was not necessarily the intention of the zoning code to allow for something like that, but at the same time, it does. They stated that at 1716 Themis, the owner of the pole barn has said that he plans to put vinyl siding on the building to make it look more attractive. The Devers were also concerned that a 35 foot metal pole barn doesn't allow residential neighborhoods to maintain the residential feeling, but currently the code allows for this. The Devers suggested that the code be revised to only allow for a certain percentage of lot coverage, height of accessory buildings, restrictions to drainage, and the ability of the city to grant a building permit without considering the architectural or historical character of the neighborhood. Bill Hinckley noted that he drove out and looked at the sight and said that he was � amazed at what was going up. He told the Devers and the other residents of the neighborhood that showed up to the meeting that their concerns were valid and their 4. Walden Park Phase 3, Record Piat. Sarah Wallace stated that record plats had been submitted for Phase 3 of Walden Park and there were no issues or comments with the plats and they were acceptable as submitted. Planning Staff recommended approval �,,� with no conditions. Harry Rediger made the motion to recommend approval, seconded by Scott McClanahan. The motion was approved by a vote of 6 in favor, 0 in opposition, and 0 abstaining. 5. Crown Subdivision, Record Plat. Sarah Wallace stated that this is the joining of two parcels on the Northeast corner of Frederick and Olive Streets, to enable the owners to build across the current property line. Acceptable plats have been submitted and therefore Planning Staff recommended approval with no conditions. Harry Rediger made the motion to recommend approval, seconded by Trisha Mothershead. The motion was approved by a vote of 6 in favor, 0 in opposition, and 0 abstaining. Other Items and Communications 6. Staff Time. Sarah Wallace gave copies of the draft for residential zoning districts to the commission and gave an update that we are at a point with a good first draft and we need to schedule public participation sessions. As the process moves forward, additional public participation meetings will be held. All information will be located on the city's website for residents to review. She mentioned that the February meeting could be an informational discussion to get the residents involved. Sarah Wallace also handed out a draft of TTF 4 projects. Harry Rediger gave the commission an update on those projects and explained the handout. The Development Code Meeting was rescheduled for Wednesday, January 21, 2009 at �1 3:00 PM in the Council Chambers. 7. Adjournment. Harry Rediger made a motion to adjourn which was seconded by Scott McClanahan and approved unanimously. Respectfully submitted, Raymond Buhs Secretary � BOARD OF ADJUSTMENT MINUTES � CITY OF CAPE GIRARDEAU P. O. Box 617 Cape Girardeau, MO 63702-0617 January 20, 2009 � To the Honorable Mayor and Council of the City of Cape Girardeau, Missouri Ladies and Gentlemen: The Board of Adjustment met on Tuesday, January 6, 2009, with regular members Daniel Little, Mark Buerck, and William Whitlock, Larry Caldwell and altemate members Tim Kelley, Edward Hart and David Hinton present. Regular member George Peo was absent. Chairman Dan Little called the meeting to order at 7:00 P.M. The minutes of the February 7, 2008 meeting were approved with a motion by Mark Buerck, seconded by Larry Caldwell. Minutes were unanimously approved by voice vote. � Chairman Little stated the first hearing on the agenda was a request by Habitat for Humanity to vary the front and rear yard setbacks in an R-2 district. Staff presented for the record a certified copy of the application to be considered and all attachments. Terry Juden appeared representing Habitat for Humanity. Mr. Juden stated that the lot was long and narrow with the long dimension fronting Pearl Street. Mr. Juden stated that to design a house to fit the lot would result in a house with long hallways that would be very inefficient. They would like to turn the house to face Pearl Street to make best use of the land. Chairman Little asked if the City had any objections. Mr. Morgan stated that there were no objections. Mr. Hinton asked how the house would lie in relation to the other lots on Spanish Street. Mr. Juden stated that the house next door had approximately a 30 foot setback. He also stated that the end of the new house would line up with the house next door. Chairman Little called for the vote. Motion was made by Dave Hinton to approve the variance. Motion was seconded by Bill Whitlock. Motion was approved upon a roll call vote as follows: Little (R) Aye Buerck (R) Aye Whitlock(R) Aye Peo (R) Absent � Caldwell (R) Aye Board of Adjustment Meeting � January 20, 2009 Page 2 of 3 � Hart(A) Aye Hinton (A) Aye Kelley(A) Aye Mark Buerck made a motion to adopt the Findings of Fact and Conclusions of Law. Ed Hart seconded the motion. The motion was approved upon the following vote: Little (R) Aye Buerck(R) Aye Whitlock(R) Aye Peo (R) Absent Caldwell (R) Aye Hart (A) Aye Hinton (A) Aye . Kelley(A) Aye Chairman Little stated the next hearing on the agenda was a request by Jerad Busch, River City Biologicals, Inc. to vary the front yard setback in an M-2 district. Staff presented for the record a certified copy of the application to be considered and all attachments. Colin McClanahan, contractor for the applicant, appeared before the Board. Mr. � McClanahan stated that they had overshot the 25 foot front yard setback and that the structure was about 2 foot over. In order to be most useful, the building addition dimension front to back is 50 feet. Chairman Little asked for clarification concerning the 2 foot overage. Mr. McClanahan stated that it could be more toward 2 '/Z feet but he was sure that it is right at 2 feet. Mr. Buerck asked that if the plans were drawn by an architect how it was missed by 2 feet. Mr. Grady Wooten appeared on behalf of the owner. Mr. Wooten stated that it wasn't that they had missed it but the fact that no survey was done initially. Mr. Wooten also stated that they normally do a survey to confirm stormwater design measurements but they were seeking a stormwater waiver on this project. Their intention was to save the owner that upfront expense. After the stormwater application was submitted it was determined that a full survey was needed. Discussion ensued whether the overage is in fact 2 or 2 'h feet. Chairman Little stated that he was going from where the flags were on site; the orange flags being the corners of the building. Mr. Wooten confirmed that the orange flags were placed by the contractor stepping off the general location and the setback flags were placed by the surveyor. Mr. Wooten stated that the building line is skewed in relation to the setback line. Chairman Little stated that the maximum overage is 2.3 feet according to the survey. Chairman Little asked the owner if he was comfortable with asking for a 2 foot 3 inch variance or would he rather amend his request and ask for a 3 foot variance. Mr. Busch stated that he would prefer to request a 3 foot variance. Chairman Little stated that he would entertain a motion for the amended variance request to include a 3 foot variance. Motion was made by Mr. � • Board of Adjustment Meeting January 20, 2009 Page 3 of 3 � Buerck, seconded by Mr. Hinton to approve a 3 foot variance. Motion was approved upon a roll call vote as follows: Kelley(A) Aye Hinton (A) Aye Hart (A) Aye Caldwell (R) Aye Peo (R) Absent Whitlock (R) Aye Buerck (R) Aye Little (R) Aye Mr. Hinton made a motion to adopt the Findings of Fact and Conclusions of Law. Mr. Whitlock seconded the motion. The motion was approved upon the following vote: Kelley(A) Aye Hinton(A) Aye Hart (A) Aye Caldwell (R) Aye Peo (R) Absent Whitlock (R) Aye Buerck (R) Aye � Little (R) Aye There being no other business to bring before the Board, the Chairman called for a motion to adjourn. Mr. Caldwell moved to adjourn, Mr. Hart seconded the motion. Motion carried by voice vote. Respectfully submitted, Mark Buerck Secretary Present: Little (R), Buerck (R), Whitlock (R), Caldwell (R), Hart (A), Hinton(A), Kelley(A) Absent: Peo (R) � Staff Liaison: Tim Morgan � � MINUTES HISTORIC PRESERVATION COMMISSION � City of Cape Girardeau PO Box 617 Cape Girardeau,MO 63702-0617 January 21, 2009 The Historic Preservation Commission held their regular meeting January 21, 2009, at 7:00 p.m., at City Hall, 401 Independence Street. Members Present: Bill Eddleman — Chair, Patti House — Secretary, Scott House, Sharon Giebler, Richard Withers, Donna Grantham, Ed Kaiser, Jim Blakemore Members Absent: Steve Pledger Staff Present: Ken Eftink, Sarah Wallace, and Richard Reinhardt Chairman Bill Eddleman called the meeting of the Historic Preservation Commission to order at 7:00 P.M. 1. Upon motion made by Ed Kaiser and seconded by Patti House, the minutes of the December 17, 2008 meeting were unanimously approved. � National Register Nominations 2. Old Jefferson School Julie Ann LaMouria of Lafser& Associates spoke on behalf of the Old Jefferson School located at 731 Jefferson Avenue. She gave a brief history of the building and asked that the commission recommend this site for the National Register of Historic Landmarks. The Historic Preservation Commission had no questions regarding the Old Jefferson School. Upon motion made by Donna Grantham and seconded by Jim Blakemore, it was approved unanimously to recommend the Old Jefferson School to the National Register of Historic Landmarks. 3. Julius Vasterling Buildin� Julie Ann LaMouria of Lafser & Associates spoke on behalf of the Julius Vasterling Building located at 633-637 Broadway. She gave a brief history of the building and asked that the commission recommend this site for the National Register of Historic Landmarks. Ed Kaiser inquired about the condition of the building. Julie Ann LaMouria said that the building was in fair condition and that the upstairs has a lot of water damage and that there are some structural issues near the rear bricks. Melinda Winchester who was also at the meeting from Lafser& Associates said that they had structural engineers look at the east wall and that there were plans to fix that through a tax credit program. Melinda Winchester said that the entire east elevation of the building would have to be re-built and that it would need new footings. Ed Kaiser mentioned that the building is leaning in one direction. Melinda Winchester again noted that the building has been evaluated by structural engineers and confirmed that it would be a lot of work, but it is possible to make repairs. Jim Blakemore raised a question about the wording on � page 2 of section 7 of the nomination where the wording referred to an "alley on the east" ti � and noted that there is no alley on the east side of the building. Julie Ann LaMouria confirmed that it should say south instead of east. Upon motion made by Scott House and seconded by Patti House it was approved by a vote of 7 in favor, 1 opposed, and 0 abstaining to recommend the Julius Vasterling Building to the National Register of � Historic Landmarks. Ken Eftink complimented Lafser& Associates on their efforts to save historic buildings and that this would hopefully encourage other areas to improve their historic buildings as well. Ed Kaiser raised his concern that the commission needs to know how and when improvements will be made. It was confirmed that plans are in place to improve these buildings. Jim Blakemore noted that if money has been spent to have structural engineers look at the building then that shows that plans are in place to restore these historic buildings. Discussion and Votin�on Applications 4. Boulevard Local Historic District Upon motion made by Scott House and Seconded by Richard Withers, the Boulevard Local Historic District was taken off of the table unanimously. Richard Reinhardt gave an update stating that last month it was tabled to establish design guidelines until city staff could meet with residents of the district to discuss the design guidelines and come forward with a revised set of guidelines. Since the December Public � Hearing, Planning Staff did have the opportunity to meet with residents of the district on January 7, 2009. Richard Reinhardt noted that this was listed on the City website as a Public Meeting and it was given the proper 24 hours notice. Richard Reinhardt also handed out a letter that was brought to his attention the previous day by a resident of the proposed district that was unable to attend the meeting on January 7, 2009. The letter was from Charles DiStefano of 360 North Park Ave. and voiced his concerns of not hearing about the public meeting on January 7`" and being unable to attend and give his input into the design guidelines. Patti House made the motion to accept the guidelines as they were received last week and Scott House seconded the motion so it could be discussed. There was a discussion noting that if approved these guidelines would go onto the Planning and Zoning Commission and then onto City Council. Scott House noted that the guidelines should be approved as is knowing that they can be modified in the future. The motion was voted on and approved by a vote of 7 in favor, 0 in opposition, and 1 abstaining. It was mentioned that the design guidelines would now go to the Planning and Zoning Commission on February 11, 2009. Other Action Items 5. 2009 Survev Conducted bv Students of the Historic Preservation Program Request of Dr. Hoffman's Historic Preservation Class to conduct a survey for the Historic � , Preservation Commission. Richard Reinhardt handed out a map to the commissioners showing Dr. Hoffman's first choice with Alta Vista on the north, Sprigg to the east, � Pacific to the west and either Normal or Pacific to the south. Sarah Wallace noted that with the short notice,this option was Dr. Hoffman's first choice but open to suggestions for future years. Scott House suggested areas south of Highway 74. Jim Blakemore suggested areas around and south of Morgan Oak. Planning Staff agreed to provide an inventory of surveys that have already been conducted to the Historic Preservation Commission in the February agenda packet. Sarah Wallace said that Dr. Hoffman had a contract that he would bring to the commission in February that would allow for costs not to exceed $470 but the total costs should still remain around $300 for the survey. Upon motion made by Richard Withers and seconded by Jim Blakemore, it was approved unanimously to allow Dr. Hoffman's class conduct a survey. Committee Reports 6. Education Committee. Patti House mentioned that the commission needs to start thinking about Historic Preservation Month. Chairman Eddleman confirmed this and said that we would be talking about this later in the meeting. 7. Landmarks Committee. Scott House noted that we still do not know about the original treasures signs but should know by the following month. 8. Publicity Coordinator. Richard Withers said that the residents of the Boulevard Local Historic District are requesting 6 signs for different entrances into the neighborhood but � that 5 signs would probably work just as well. Other Business 9. Other business not on the agenda Chairman Eddleman said that as Patti House mentioned earlier, the commission does need to start thinking about Historic Preservation Month. Chairman Eddleman scheduled a meeting at 6:30 on February 18th, right before the regular Historic Preservation Meeting to start planning for the event. Chairman Eddleman also noted that it is time for another training session for members on the Historic Preservation Commission, this was scheduled to take place at 6:30 on March 18th, right before the regularly scheduled March meeting. 10. Staff time. Richard Reinhardt told the commission that, as they probably already knew, the Main-Spanish Commercial Historic District was entered into the National Register but has not yet received a formal letter from SHPO, but when the letter arrives, he will put that in the Commission's agenda packet for the following month. Ken Eftink updated the commission on the 2009 Historic Preservation Fund Grant � that is to fund the preparation of a nomination for the Courthouse-Seminary Historic District. He noted that we need about $9,400 cash budgeted for this and it will be incorporated into the Historic Preservation budget. 11. With no further discussion, Richard Withers made a motion to adjourn the meeting, � seconded by Patti House, and approved unanimously. Respectfully Submitted, Patti House Secretary � �