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HomeMy WebLinkAboutCouncil.Agenda.07-19-1999-Packet � � u � . a e lrar eau � . . lssourl � CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda � Monday, July 19, 1999 7:30 p.m. Invocation — Rev. William Burke, Church of the Nazarene Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes—July 6, 1999, Regular and Executive Sessions Adoption of the Agenda Apnearances 1. Appearances before the Council on items listed on the agenda 2. Appearances before the Council on items not listed on the agenda � Citv Council 3. Communications to be presented by members of the City Council 4. Communications to be presented by the City Manager or City Staff Consent Ordinances 5. BILL NO. 99-147, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of part of Lynwood Hilis Dr. from R-1 to R-3. Second and Third Readings. Letter No. 236 Action 6. BILL NO. 99-153, an Ordinance amending Chapter 30 of the City Code relating to parking, stopping or standing of trucks or commercial motor vehicles. Second and Third Readings. Letter No. 238 Action � City Council Agend� Page 2 July 19, 1999 � 7. BILL NO. 99-152, an Ordinance amending Chapter 26 of the City Code relating to truck parking regulations. Second and Third Readings. Letter No. 238 ' Action 8. BILL NO. 99-I51, an Ordinance amending Chapter 18 of the City Code relating to commercial vehicles in parks. Second and Third Readings. Letter No. 238 Action 9. BILL NO. 99-148, an Ordinance amending Schedule T of Section 26-260 of the City Code, establishing a handicapped parking space on Sunset Boulevard. Second and Third Readings. Letter No. 230 Action � 10. BILL, NO. 99-149, an Ordinance appropriating funds for contingency, public works, general capital improvement, internal services, public safety, parks and recreation, hazard mitigation, general fund transfers, administrative services, and developmental services. Second and Third Readings. Letter No. 231 Action 11. BILL NO. 99-160, an Ordinance authorizing the acquisition of property for the widening of Mt. Auburn Road between Independence and William Streets and improvements to the Independence Street and Mt. Auburn Road Intersection. Second and Third Readings. Letter No. 241 Action New Ordinances 12. BILL NO. 99-161, an Ordinance authorizing the acquisition of property for the widening of Hopper Road between Kage Road and Interstate 55 and the construction of a portion of Vantage w Drive. First Reading. �� ''� Letter No. 244 Action City Council Agenda Page 3 July 19, 1999 � 13. BILL NO. 99-l 62, an Ordinance authorizing the acquisition of property for the extension of Hopper Road between Mt. Auburn Road and Kage Roads. First Reading. Letter No. 245 Action 14. BILL NO. 99-I 63, an Ordinance accepting a permanent sewer easement from J. B. Properties, Inc. for sanitary sewer improvements in Hillcrest Place Subdivision . First Reading. A motion accepting into the city's system the sanitary sewer improvements in Hillcrest Place Subdivision as shown on the plans approved for this subdivision. Letter No. 246 Action 15. BILL NO. 99-164, an Ordinance amending Schedule C of Section 26-121 of the City Code by placing a stop sign on Randol Drive. First Reading. � Letter No. 247 Action 16. BILL NO. 99-165, an Ordinance declaring it necessary to improve that part of Walnut Street from Kingshighway to Commercial Street. First Reading. Letter No. 248 Action 17. BILL NO. 99-167, an Ordinance appropriating funds for Public Works. First Reading. Letter No. 249 Action 18. BILL NO. 99-168, an Ordinance authorizing the Mayor to execute genera( warranty deeds to D&D Cape Investments, L.P. and Earl H. Norman, trustee, pursuant to agreements for the exchange of real property for the Mt. Auburn Road extension project. First Reading. � Letter No. 250 Action City Council Agenda Page 4 July 19, 1999 � 19. BILL NO. 99-l 69, an Ordinance approving the record plat of Joe Kluesner Subdivision. First Reading. Letter No. 251 • Action 20. BILL NO. 99-170 , an Ordinance approving the record plat of Aspen Park Townhouses Phase III Subdivision. First Reading. Letter No. 252 Action 21. BILL NO. 99-172, an Ordinance approving the record plat of Strack 1 Subdivision. First Reading. (Developc�r ha.s req�icsted emer�ency reac�irr� I.etter No. 262 Action � Resolutions 22. BILL NO. 99-l 66, a Resolution authorizing the City Manager to execute an agreement with Robinson Mechanical Contractors, lnc. for seismic protection improvements, Gordonville water storage tank no. 1. Reading and Passage. Letter No. 253 Action 23. BILL NO. 99-171, a Resolution authorizing the City Manager to enter into a contract with Burns & McDonnell Waste Consultants, Inc. for professional engineering services for an all hazard mitigation plan. Reading and Passage. Letter No. 254 Action Other � 24. A motion accepting into the city's system the street, sanitary sewer, stormwater and water improvements, as shown on the plans approved for Melrose III Subdivision, and the storm sewers in the street right-of-way, and authorizing the release of escrow in the amount of $306,462.00 covering these improvements. City Council Agend� Page 5 July 19, 1999 � Letter No. 255 Action 25. A motion accepting into the city's system the street, sanitary sewer and water improvements as shown on the plans for Melrose IV Subdivision, and authorizing the release of $8,050.00 to the developer for these improvements. I.etter No. 256 Action 26. A motion accepting into the city's system the water main extension to serve Forest Hills Estates Subdivision. Letter No. 257 Action 27. A motion approving the request of the developer of Golden Eagle Subdivision to withdraw the � sanitary sewer improvements on the approved plans for this subdivision. Letter No. 258 Action 28. A motion approving the preliminary plat of Crites 10`�' Addition. Letter No. 259 Action 29. A motion accepting the recommendation of the Planning and Zoning Commission to deny the request of Wade and Jackie Williams and Louis K. Juden Post No. 63, American Legion to rezone 701 West Rodney Drive from R-1, single family residential district, to C-1, local commercial district; or in the allernative, a motion setting a public hearing on the above request. Letter No. 260 Action � City Council Agenda Page 6 July 19, 1999 � 30. A motion accepting the recommendation of the Planning and Zoning Commission to deny the request of J. W. and Bonnie Strack and Capaha Antique Car Club for a special use permit for a meeting place for the club and storage of club owned cars at 2827 Perryville Road in an R-1, single family residential district; or in the altc�rrratii�e, a motion setting a pubfic hearing on the above request. L.etter No. 261 Action 31. Other business. 32. Adjournment of the City Council. * * * * * * * * * * * * The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall, 401 Independence Street, on Monday, July 19, 1999, 5:00 p.m. * * * * * * * * * * * * � The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. r� �AN �,�'-r .h ��;;k���'.' �� ,`. - ,� ; �,. � , � � .. c oNsENT � ORDINANCES � CITY OF CAPE GIRARDEAU, MISSOLJI2I � Office of the City Manager Council Letter No. 23b A�enda July 6, 1999 The Honorable Mayor and Members of the City Council � City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning of Property in 2800 Biock of Lynwood Hills Drive This agenda item calls for the holding of an advertised public hearing on the request of Summit Enterprises, L.L.C. and Howard G. Sr. and Betty G. Kinder to rezone Lots 1, 2, 3, 4, 14, 15, 16, and 17, of Second Amended Plat of Lynwood Hills Estates from R-1, Single Family Residential District, to R-3, Two-Family Residential District. � The Planning and Zoning Commission recommended approving this application at its meeting on June 9, 1999, by a vote of 8 in favor, and none in opposition, with 1 abstention. There was no one present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance which would authorize the rezoning from R-1 to R-3. Respectfully subrnitted, � � i'�-�� Kent M. Bratton City Planner �� ����� Walter L. Denton Acting City Manager KBM/WLD/rlf � � PLANNING AND ZONING COMMISSION APPLICATION FOR: REZONING ADDRESS OF PROPERTY: LYNWOOD HILLS DRIVE APPLICANT: SUMMIT ENTERPRISES, INC. AND HOWARD G. SR. AND BETTY J. KINDER APPLICATION AANDLED BY: G. KEITH DEIMUND REQUESTED ZONING/SPECIAL USE: R-1 TO R-3 � � , - City of Cape Girardeau, Missouri Appticatioo For � Rezoning - � OR Special Use Permit - ❑ SECTION A 1. Street address of tract (or other location description: NI��S LYNWOOD�DRI VE 2. Names and addresses of all legal owners of tract: SLIMMIT ENTERPRISES, LLC 2�16 JEAN ANN DR CAPE GIRARDEAU, MO 63701 HOWARD G. SR AND BETTY J. KINDER 4303 HWY B OAK RIDGE, MO 63769 3. Present zoning classification: R-1 � 4. Requested new zoning classification: R—� 3 5. Requested special use: , N.A. 6. Person handling this application (name, address, phone number): MR. G. KEITH DEIMUND 2316 JEAN ANN DR. CAPE GIRARDEAU, MO 63701 (573) 334-4076 7. If tract is to be transferred, name and address of intended owner: JIM MAURER 3140 NASH ROAD SCOTT CITY MO 63780 , � � Page 2 8. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTf1INED IN THIS APPLICATION IS TRUE. (Signatures of ALL persons listed in Items 2 and 7 above): � ��`'� (..�-,:-�! '---'>��`�^�---.� o� �1. , SLJrIl�IIT ENTERPRISES LLC OWARD G. KI R� G. KEITH DEIMUND '�__�� � .. Li�,: .�_� �� J MAURER J KI E SECTION B 1. Legal description of tract: ALL OF LOTS l, 2, 3, 4, 15, 16, AND 17 OF SECOND AMENDED PLAT OF LYNWOOD HILLS ESTATES, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI . � ALL OF LOT N0. 14 OF THE SECOND AMENDED PLAT OF LYNWOOD HILLS ESTATES, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI . � Page 3 � 2. Attach to this application a scale plat of the tract, on an 8-1/2 by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. c. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and address of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. _.... .._.. .... _ ......_ . _. .. .._. �10'TE W�ez� a z�e�or�a�zg or spe��ai u�e pez�z���zs re��ested �o�;pa�t c�;x a Ia�ger �latte� tract, adj'o�uig property.ac�ners �r� cc��istdered as those �:t�,�c��ru�g t�e Iarger>tract 15-617-00-03-007 KEN STOREY 120 INDUSTRIAL DRIVE SIKESTON, MO 63801 � 15-617-00-03-008 HOWARD G. SR. AND BETTY J. KINDER 4303 HWY B OAK RIDGE, MO 63769 15-617-00-04-002 SUI�Il�SIT ENTERPRISES LLC 2316 JEAN ANN DR CAPE GIRARDEAU, MO 63701 15-617-23—01-005 SUMNiIT ENTERPRISES LLC 2316 JEAN ANN DR CAPE GIRARDEAU, MO 63701 15-617-00-03-013 LYNWOOD BAPTIST CHURCH 2935 LYNWOOD DRIVE CAPE GIRAR.DEAU, MO 63701 15-905-00—01-003 EDWIN W. AND DOROTHY SEYER 1902 N. KINGSHIGHWAY CAPE GIRARDEAU, MO 637Q1 15-905-00-01-004 HOWARD G. KILIDER SR. TRUST 1918 N. KINGSHIGHWAY CAPE GIRARUEAU, MO 63701 (see following sheet for additional adjoiners) � � 15-905-00-01-006 WESLEY NAGEL 1926 KINGSHIGHWAY CAPE GIRARDEAU, MO 63701 15-905-00-01-08 BLANCHE T. KOHLFELD TRUST P.O. BOX 660 2002 N. KINGSHIGHWAY CAPE GIRARDEAU, MO 63701 � � Page 4 � 2. With this application, the applicant must deliver ta the Planning Services -Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 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. MULTI—FAMILY RESIDENTIAL USE 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. N.A. � 3. Is a transfer of ownership of the tract dependent upon the approval of this application? YES 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller tract involving this tract? If so, give the date and state the prior action taken. NO � Page 5 � SECTION E - 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. ADDITIONAL DEVELOPMENT PROVIDING JOBS, INCREASED REAL ESTATE TAX REVENUE, SALES TAX REVENLJE, AND AFFORDABLE FAMILY HOUSING. � � Revised 7/28/94 � J �� � � J � " �I / ' � y � wy I � � � � � ^N �C �(j O � !�I O b d � ~1 A O � � � 0 n 0 D �� � �O �� ���� � � ,� JN �c � 3 o i � : = F� �P�p,�N a 7 � ^I °` / ����p0 i �;;,� � W 150.00' � � � / � p S 00'42'00� E � � � , � , S 00'42'00' E � � Q Q . -------250.00�------- ' ao O / $ �� UTlL1TY�'AS6NENT Z I � " Q / • N N � Q � O / �l O � �J�D �� � O � �� / , K � n � �V n 3 v� , �1 i o N � a G � I � � a ' � Q � n � ' O � 1 J I n fl No � N �j � O �� I N 1" o W °Co`o a 750.00� � 0 1 LL °' � s oo•as•oo• E pt 6' 0 z 0 O I -9 � � I '`� �^ � O 7 I � � O O � �" � W � , _ 0 � U � 0 Q �y�j ° n � � � � � 1 = g ��„ � o� K� g L — o 0 � I �Ze.00� �' �� I O 9 , N � � � � � R�' �- . o"c 7 . ,00'SLl 3 .00,Z�.00 S _ ! � 1(� 0 a 3 � M/21 ,OS 3Nb'l aaa3sMeals � N + Q w S 00'42'00'E � � O � 90.00� �j '� S 00'42'00'E = ,� �o � 150.00� 0 � � � S 00'42'00" E t38.00' �, �C �� � � 3 fl �- � � � I> '� � � g � � LLl ' z a � 0 0 � ^a ° o � O � ?- � 0 0 �" " � � 0 �o �� � � c� � � N O'� � Vj tV 0 O in v N ' 2 J N vj J �' �` _ � A Q n � N � _ ; � � � ' vJ u �� �.. i r � � v -'y �" I� � 5 00'a2'00' E � ♦ ` � N 5 00'42'00' E � Z 150.00' N � N � O ^ 160.00� p J � o a � � � t � I �� I Q $ nN o o �o g O Y1 N O� N N On N O ' � J� � �41 `_ O m V W � °��$ � � s oo•a2'oo• e � s o0•5 z�' e N .-- O o�� r. � iso.00' �1 p 0 J�O �� 9 � � g �� o W� g mN g N � � M � � �o � _ N O� N O N O� t� 3 �° °o � o� r ^� � � � � O � O � Z O S 00'42'00' E � S 00'42'00' E � 0 160.00' 1�.�, � � � ',1 0 V � �a � � �v�i g g �N � � � sn � � � �� N O �; � � , J3W3Str3 .11l�llfl ,Ol o z N z � ------------------- ---------- �. iso.00• a-, � ,so.00' w w,��t d .E0 08L M.lS OL.00 N � Z c� � a Qo g � °- ` t(� v�i� co �oc=i��a I - � �Y � F� �^ z NU��e.�. Z � to - �o -ov - LI� -SI CITY OF CAPE GIRARDEAU, MISSOURI � City Staff Review and Referral of Application For Rezoning � OR Special Use Permit ❑ File No. 9/5 Address of Property�g00 B l ock L-4n w ood �i I I S �ri v� CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? �5 2. Is plat sufficient? �S 3. Will intended use conform to requested zoning? `�S 4. Has intended use already commenced? /I�v 5. Conunents: �"-2�'g5 City Plann�: evelopment Services Coordinator Date .. ..........................................................................� CITY ATTORNEY: 1. Is legal description sufficient? ! �� � � i � �� � 2. Will intended use conform to requested zoning? �.� �' /n�;��'b �' " � 13UlLY� YU���'Jr"fS 3. Can requested Special Use Permit be legally granted? /� � 4. Comments: � - IG � � N � ,�N �� � 7�999 City Attor ey Date � .......:..... ................................................................� � CITY MA AGER REFERRAL TO PLANNING AND ZONING COMMISSION: __ - , �-2 :_ . ._ �. , City Manager, Michael G. Miller Date ..............................................................................� PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: � Staff Member Posting Notice Date Revised 4/21/1998 CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONS� � Request for Rewning Recommended Action: That the request of Summit Enterprises, L.L.C. and Howard G. Sr. and Betty J. Kinder to rewne Lots 1, 2, 3, 4, 14, 15, 16, and 17, of Second Amended Plat of Lynwood Hills Estates from R-1, Single Family Residential District, to R-3, Two-Family Residential District, be recommended for approval. Vote Count: Favor—8 Oppose —0 Abstain— 1 Date Recommendation Made: June 9, 1999 � � List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Keith Deimund, applicant S cretary � � BILL NO. 99-147 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PART OF LYNWOOD HILLS DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-3 WHEREAS, the City Planning and Zoning Commission has recommended that all of the property described in Article 1 of this ordinance should be rezoned from R-1 Single-Family Dwelling District to R-3 , Two-Family Dwelling District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Tuesday, July 6, 1999 ; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-1, Single-Family Dwelling District to R-3 , Two- Family Dwelling District; � NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-1, Single-Family Dwelling District to R-3 , Two-Family Dwelling District, for the following described property: Al1 of Lots 1, 2 , 3 , 4 , 15, 16, and 17 of Second Amended Plat of Lynwood Hills Estates, a subdivision on file in the land records of Cape Girardeau County, in the City and County of Cape Girardeau, State of Missouri. All of Lot No. 14 of Second Amended Plat of Lynwood Hills Estates, a subdivision on file in the land records of Cape Girardeau County, in the City and County of Cape Girardeau, State of Missouri . ARTICLE 2 . The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of R-3 , Two- Family Dwelling District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing � uses and value of the immediately surrounding properties. ARTICLE 3 . This ordinance shall be in full force and effect ten days after its passage and approval . � PASSED AND APPROVED THIS DAY OF , 19 . A. M. Spradling, III , Mayor ATTEST: Gayle L. Conrad, City Clerk � � CITY OF CAPE GIRARDEAU � Office of the City Manager Council Letter No. 238 Agenda: July 6, 1999 The Honorable Mayor and � Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Truck Parking Regulations The ord'uianc� related to operating tn►cks in city parks, parking trucks on c�t,y streets aad zoning ordinances regarding trucks parking on private property each contain differ�t language conceming truck sizes. The ambiguity in these ordinances makes them difficult to enforce. Furthermore, these ordinances as written couid invariably prohibit the use and parking of vehicles not intended by the authors of those ordinances. � Chapter 18, Section 3 regulating operation of commercial motor vehicles in public pazks prohibits"commercial motor vehicle ha�ing a manufacturer's rated capacity of one (1) ton or more"from driving through or in a public park. Chapter 26, Section 256 regulating certain trucks parking on any city stceets prohibits "any truck having a load capacity of one and on�-half(1'/�)tons or more"from pazking on the street betwcen 6:00 p.m. and 6:00 a.m. Chapter 30, Sections 24, 25, 26 and 27 collectively prohibit "trucks or com�►eraal vehicles, one(1)ton or largec"from parking except for malcing necessary deliveries. Chapter 26, Section 137 established a truck route, prohibiting trucks "lice,nsed for a goss weight in exc,ess of twenty-four (24,000) pounds" from operating on any street highway or alley within the city except those streets specifically set forth in Schedule W tabeled "Truck Routes." The licensed weight of a vehicle is easily determined by looking at the license plate, making this ordinance simple to nrterpret. The Police Department and Planning Services recommend the applicable sections of Chapters 18, 26 and 30 be rewritten to establish parking and operating prolubitions that are consistent betwcen all chapters as well as consistent with the existing truck traffic ordinance. The ambiguous, inconsistent language describing the vehicles prohibited in each ordinance should be repealed and replaced with the following tanguage: � "...any motor vehicle licensed for a gross weight in excess of twenty-four thousand(Z4,000)pounds...." . Council Lcttcr No. Agenda:July(r, 1999 The exact language for each chapter and section is contained in the actual ordinance authored by the City Attorney's Office. � The Planning and Zoning Commission met on June 9, 1999 and discussed this change. The Commission recommended adoption of these ordinances as written. Respectfully Submitted � f Richard L. Hetzel Chief of Police ��- ent M. Bratton City Planner �G�✓ Walter L. Denton � Assistant City Manager � � BILL NO. ��-1 �� ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO PARKING, STOPPING OR STANDING OF TRUCKS OR COMMERCIAL MOTOR VEHICLES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . Section 30-24 (b) (5) of the Code of Ordinances of the City of Cape Girardeau, Missouri , reading as follows: Sec. 30-24 . "R-1" single-family dwelling district regulations. (b) Use regulations . (5) Accessory buildings and accessory uses, customarily incident to the above uses (not involving the conduct of a business) including one (1) private garage or carport when located not less than sixty (60) feet from the front lot line and not less than ten (10) � feet from any other street line or a private garage constructed as part of the main building. No parking of trucks or commercial vehicles, one (1) ton or larger, except for making necessary deliveries. i.s;hereby.,,,rep�ale� in its entirety, and a new Section 30-24 (b) (5) :...:......... is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-24 . "R-1" single-family dwellinq district requlations. (b) Use regulations . (5) Accessory buildings and accessory uses, customarily incident to the above uses (not involving the conduct of a business) including one (1) private garage or carport when located not less than sixty (60) feet from the front lot line and not less than ten (10) feet from any other street line or a private garage constructed as part of the main building. ARTICLE 2. Section 30-24 (d) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: � Sec. 30-24 . "R-1" single-family dwelling district � regulations. (d) Parking regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in section 30-38 . is:; hereb� repea;led in its entirety, and a new Section 30-24 (d) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-24 . "R-1" sinqle-family dwelling district regulations. (d) Parking regulations. Off-street parking space shall be provided in accordance with the requirements for specific uses set forth in section 30-38. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24 , 000) pounds, except as provided in Sections 26-137 and 26-256 of the Code of Ordinances. ARTICLE 3. Section 3-25 (d) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: � Sec. 30-25. "R-2" single-family dwelling district regulations. (d) Parking regulations . off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 30- 38 . �.5:: her�by �epea!3.�d in its entirety, and a new Section 30-25 (d) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-25. "R-2" sinqle-family dwelling district requlations. (d) Parking regulations . Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 30- 38 . No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24 , 000) pounds, except as provided in Sections 26-137 and 26-256 of the Code of Ordinances. 2 � � ARTICLE 4. Section 30-26 (d) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 30-26. "R-3" two-family dwelling district requlations. (d) Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 30-38 . ��;;.,hereby repeale� in its entirety, and a new Section 30-26 (d) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 30-26. "R-3" two-family dwelling district regulations. (d) Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 30-38 . No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24 , 000) pounds, except as provided in Sections 26-137 and 26-256 of the Code of � Ordinances. ARTICLE 5. Section 30-27 (b) (10) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 30-27 . R-4" multiple dwelling district regulations. (b) Use regulations. (10) Accessory buildings and uses customarily incidental to the above uses, including storage garage, where the lot is occupied by a multiple dwelling. If a storage garage is not a part of the main building, it shall be located not less than sixty (60) feet from the front line and not less than five (5) feet from any side street line. No parking of trucks or commercial vehicles, one (1) ton or larger, except for making necessary deliveries. , . is; t��reby repealec� in its entirety, and a new Section 30- 27 (b) (10) is hereby enacted in lieu thereof, in words and figures, to read as follows: � 3 Sec. 30-27. R-4" multiple dwelling district � requlations. (b) Use regulations. (10) Accessory buildings and uses customarily incidental to the above uses, including storage garage, where the lot is occupied by a multiple dwelling. If a storage garage is not a part of the main building, it shall be located not less than sixty (60) feet from the front line and not less than five (5) feet from any side street line. ARTICLE 6. Section 30-27 (d) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 30-27. R-4" multiple dwelling district regulations. (d) Parking regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 30-38 . , i�:;:.,hereb� repea;lec� in its entirety, and a new Section 30-27 (d) is hereby enacted in lieu thereof, in words and figures, to read as � follows: Sec. 30-27 . R-4" multiple dwelling district requlations. (d) Parking regulations . Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 30-38 . No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24 , 000) pounds, except as provided in Sections 26-137 and 26-256 of the Code of Ordinances. ARTICLE 7. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 8. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City 4 � � of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 9. This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 19 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk � � 5 CITY OF CAPE GIRARDEAU � Office of the City Manager Council Letter No. 238 ' Agenda: July 6, 1499 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Truck Parldng Regulations The ordinances related to operating trucks in city parks, parking trucks on aty streets and zoning ordinances regarding trucks parking on private prop�ty each contain differer►t language concerning truck sizes. The ambiguity in these ordinances makes them di�cult to enforce. Furthe,rmore, these ordinances as written could invariably prohibit the use and parking of vehicles not intended by the authors of those ordinances. � ' Chapte,r 18, Section 3 regulating operation of commercial motor vehicles in public parks prohibits"commercial motor vehicle ha�ing a manufacturer's rated capacity of one (1) ton or more"from driving through or in a public park. Chapt� 26, Se�tion 256 regulating certain trucks parking on any city streets prohibits "any tiuck having a load capacity of one and ono-half(1'h).tons or more"from pazking on the street between 6:00 p.m. and 6:00 a.m. Chaptex 30, Sections 24, 25, 26 and 27 collectively prohibit "trucks or commeraal vehicles, one(1)ton or largei",from parking e�ccept for making naressaiy deliveries. Chapter 26, Section 137 estabfished a truck route, prohibiting trucks "licensed for a gross weight in e�ccess of twenty:four (24,000) pounds" from operating on azry street hig,hway or alley within the city except those strects specifically set forth in Schedule W labeled "Tnxck Routes." The licensed weight of a vehicle is easily detem�ined by loaking at the license plate, making this ordinance simple to interpret. The Police Department and Planning Services recommend the applicable sections of Chapters 18, 26 and 30 be rewritten to establish parking and operating prohibitions tt�at are consistent between all chapters as well as consistent with the existing truck traffic ordinance. The ambiguous, i�consistent language describing the vehicles protubited in each ordinance should be repealed and replaced with the following language: � "...any motor vehicle licensed for a gross weight in excecs of iwentp-four thousand(Z4,000)pounds...." Council Letter Na. Agenda:July G, 1999 The exact language for each chapter and section is contained in the actual ordinance authored by the City Attorney's Office. � The Planning and Zoning Commission met on June 9, 1999 and discussed this change. The Commission recommended adoption of these ordinances as written. Respectfully Submitted Richard L. Hetzel Chief of Police ��- ent M. Bratton City Planner �`� Walter L. Denton � Assistant City Manager � � BILL NO. ��-� 5 . ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO TRUCKS PARKING REGULATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: ARTICLE l. Section 26-256 of the Code of Ordinances of the City of Cape Girardeau, entitled "Trucks; parking regulations generally" , reading as follows: Sec. 26-256. Trucks; parking regulations qenerally. It shall be unlawful for any person to stand or park a truck tractor, or trailer, semitrailer or pole trailer having a length in excess of twenty (20) feet, or any truck having a load capacity of one and one-half (1 1/2) tons or more on any street of the city, between the hours of 6: 00 p.m. and 6: 00 a.m. , for a period of more than one (1) hour. a.�; hereby ;;;rep�:al�d in its entirety, and a new Section 25-256 entitled "Trucks; parking regulations generally" , is hereby � enacted in lieu thereof, in words and figures, to read as follows: sec. 26-256. Trucks; parking regulations generally. It shall be unlawful for any person to stand or park on any street of the City a truck tractor, or trailer, semitrailer or pole trailer having a length in excess of twenty (20) feet, or any truck licensed for a gross weight in excess of twenty-four thousand (24, 000) pounds, except as provided in Section 26-137 , between the hours of 6: 00 p.m. and 6: 00 a.m. , for a period of more than one (1) hour. ARTICLE 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . ARTICLE 3 . It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be � renumbered to accomplish such intention. ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval . � PASSED AND APPROVED THIS DAY OF , 19 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk � � � CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 238 Agenda: July 6, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Truck Parking Regulations The ordinances related to operating tiucks in city parks, parlcing trucks on city streets and zoning ordinances regarding trucks parking on private property each contain differert language concerning truck sizes. The ambiguity in these ordinances makes them difficult to enforce. Furthermore, these ordinances as written could invariably prohibit the use and parking of vehicles not intended by the authors of those ordinances. � Chapter 18, Section 3 regulating operation of commercial motor vehicles in public parks _ prohibits"commercial motor vehicle having a manufacturer's rated capacity of one (1) ton or more"from drivin�through or in a public pazk. Chapter 26, Section 256 regulating certain tcucks parking on any city strcets prohibits "any truck having a load capacity of one and ono-half(1'/z)tons or more"from parking on the street betwcen 6:00 p.m. and 6:00 a.m. Chaptex 30, Sedions 24, 25, 26 and 27 collectively prohibit "trucks or commeraal velucles, . one(1)ton or larger"from parking except for malcing necessary deliveries. Chapter 2b, Section 137 established a truck route, prohibiting trucks "licensed for a gross weight in excess of twemy-faur (24,000) pounds" from operating on any street highway or alley within the city except those streets specifically set forth in Schedule W labeled "Truck Routes." The licensed weight of a vehicle is easily detern�ined by looldr►g at the license plate, making this ord'u�ance simple to urterpret. The Police Department and Planning Services recommend the applicable sections of Chapters 18, 26 and 30 be rewritten to establish parking and operating prohibitions that are consistent between all chapters as well as consistent with the existing truck traffic ordinance. The ambiguous, inconsistent language describing the vehicles prohibited in each ordinance should be repealed and replaced with the following language: � "...any momr vehicle licensed for a gross weight in exce�s of twentp-four thousond(24,000)pounds...." Council Letter No. Agenda:Juty 6, 1999 The exact language for each chapter and section is cantained in the actual ordinance authored by the City Attorney's Of�ice. � The Planning and Zoning Commission met on June 9, 1999 and discussed this chartge. The Commission recommended adoption of these ordinances as written. Respectfully Submitted Richard L. Hetzel Chief of Police � ent M. Bratton City Planner ��_✓ Walter L.Denton � Assistant City Manager � � BILL NO. A�-� S1 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 OF THE CITY CODE RELATING TO COMMERCIAL VEHICLES IN PARKS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 18-3 of the Code of Ordinances of the City of Cape Girardeau, entitled "Driving, operating of commercial motor vehicles; limitations" , reading as follows: Sec. 18-3. Drivinq, operating of commercial motor vehicles; limitations. No commercial motor vehicle having a manufacturer ' s rated capacity of one (1) ton or more shall be driven or operated in, over or through any public park in the city, unless such operation is required in connection with work being done in such public park or for the loading or discharging of passengers in such public park. � �s;; her�by , repealed in its entirety, and a new Section 18-3 entitled "Drlving, operating of commercial motor vehicles; limitations" , is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 18-3. Driving, operating of commercial motor vehicles; limitations. It shall be unlawful for any person to operate or drive, or to cause to be operated or driven, any motor vehicle licensed for a gross weight in excess of twenty-four thousand (24 , 000) pounds, in, over, or through any public park in the city, unless such operation is required in connection with work being done in such public park or for the loading or discharging of passengers in such public park. ARTICLE 2 . If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof . ARTICLE 3 . It is the intention of the governing body and it � is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be � renumbered to accomplish such intention. ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 19 A. M. Spradling, III , Mayor ATTEST: Gayle L. Conrad City Clerk � � CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 230 Agenda: July 6, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Proposed Handicapped Parking Space Mr. Jim Row(and, 205 N. Sunset Blvd., contacted the Police Department requesting a handicapped parking space in front of his residence. His wife is a victim of Multiple Sclerosis and has difficulty walking without assistance. The Rowland residence is located at the corner of Sunset Blvd. and Themis Street; one block from Cape Central High School. During the school year, it occasionally becomes dii�icult to find parking spaces near their residence in order to accommodate Mrs. Rowland. Ptacing a handicapped parking space on Sunset Bivd. directly in front of the � Rowland residence would afford them the most appropriate location to disembark their vehicle. The Police Department recommends Schedule T of Chapter 26, Section 260 of the Code of Ordinances of the City of Cape Girardeau, 1V�issouri, be amended to establish a handicapped parking space at the following loca.tion in the City of Cape Girardeau: Sunsd Boulevard— W�st si� beginning at a point 46 feet north of the northeast corner of the intersection with Themis Street and continuing northward along tlie w�sst curb line for a distance of ZS feet and there terminating. Respectfully Submitted � " ard L: etzel � 'ef of Police �. , ,, '� � Michael G. Miller City Manager � BILL NO. 99-148 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, ESTABLISHING A HANDICAPPED PARKING SPACE ON SUNSET BOULEVARD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule T of Section 26-260 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing handicapped parking spaces in the City of Cape Girardeau, Missouri, at the following locations: Sunset Boulevard -- West side, beginning at a point 46 feet north of the northeast corner of the intersection with Themis Street and continuing northward along the west curb line for a distance of 25 feet and there terminating. � ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND ADOPTED THIS DAY OF , 19 A. M. Spradling, III , Mayor ATTEST: Gayle L. Conrad City Clerk � CITY OF CAPE GIRARDEAU � Office of the City Manager Council Letter No. 231 Agenda July 6, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Ordinance Appropriatinq Funds for Contingency, Public Works, General Capital Improvement, Internal Services, Public Safety, Parks and Recreation, Hazard Mitigation, General Fund Transfers, Administrative Services, and Developmental Services. The attached appropriation ordinance covers expenditures incurred in the fiscal year ending June 30, 1999 that were not included in that year' s original adopted budget. Although Council approved a majority of the expenditures during the current or previous fiscal years, appropriations were not made to the fiscal � year ending June 30, 1999 adopted budget. Some of the , expenditures included in this ordinance were for capital projects appropriated in previous years' budgets but not encumbered or incurred until this year. Since appropriations expire at the end of each fiscal year, portions encumbered or incurred this year should be reappropriated. The attached ordinance would appropriate $1, 999, 100 in additional expenditures for the fiscal year ending June 30, 1999 operating budget. $1, 050, 500 of the appropriations is supported by additional operating revenue for the fiscal year ending June 30, �999". $340, 600 of the appropriations is for capital projects budgeted in a previous year and not completed until this year. The remaining $604, 000 in appropriations will result in the reductions of $265, 000, $98, 000, and $245, 000 in the fund balances of the Capital Improvement Sales Tax - Flood Control Fund, FAU Grants Project Fund, and Employee Benefits Fund respectively. The following appropriations are included in the attached ordinance: Contingency totaling $65, 000 - This appropriation will cover estimated expenditures to outside contractors resulting from the � citywide cleanup after the May 17, 1999 storm. This appropriation can be paid out of current year' s general fund revenue. Public Works totaling $505, 800 - This appropriation covers � $25, 200 for the replacement of the Nash Road railroad crossing, $290, 600 for the extension of the water system to Notre Dame High School, $50, 000 for the completion of the Twin Lakes Water System, and $140, 000 for additional estimated contract hauling and disposal costs at the transfer station. The appropriation for the railroad crossing can be paid out of current year' s general fund revenue. The Notre Dame and Twin Lakes expenditures had previously been appropriated in other fiscal years but were not completed until this fiscal year. The additional contract hauling and disposal costs resulted from additional use of our transfer station by private haulers and can be paid out of the additional revenue generated from this increased usage. General Capital Improvements totaling $657, 000 - This appropriation covers the differences between the actual and budgeted costs of the Main Street Drainage and Hopper Road Bridge Replacement projects. The Main Street Drainage project will cost $456, 100 instead of the $191, 100 included in the adopted 98-99 budget. This cost difference can be paid out of previous years' . unspent capital improvement sales tax. The Hopper Road Bridge Replacement project will cost $745, 900 instead of the $353, 900 included in the adopted 98-99 budget. This cost ditference can be paid from $294, 000 in additional FAU grant revenue and $98, 0-00 � from the FAU Grant Fund' s fund balance. Internal Services totaling $295, 000 - This appropriation covers $50, 000 of contracts encumbered this year for costs of the computer upgrade project that are not due to be paid until next budget year and $245, 000 in increased operating expenses in the Employee Benefits Fund. The computer upgrade project should be completed within its total original budget within the next six months. The additional operating expenses in the Employee Benefits Fund resulted from higher that anticipated employee health claims this gast year. These additional expenses will reduce the fund balance of the Emplayee Benefit Fund. Public Safety totaling $73, 800 - This appropriation covers $24, 800 for 8 months salary and benefits of a grant funded Juvenile Police Officer, $37, 000 for additional internal fleet maintenance charges to the fire and police departments, and $12, 000 of additional overtime related costs in the fire department. This appropriation can be paid out of current year' s general fund revenue. � � Parks and Recreation totaling $45, 000 - This appropriation covers an estimated additional $45, 000 in operating expenses at the Softball Complex. Personnel costs and internal fleet maintenance charges are estimated to each be $20, 000 greater than originally budgeted. This appropriation can be paid out of an additional general fund transfer Hazard Mitigation totaling $170, 000 - This appropriation covers grant funded projects for hazard mitigation such as the flood buyout and project impact projects . None of these projects were included in the original 98-99 adopted budget . General Fund Transfers totaling $65, 000 - This appropriation covers the $10, 000 transfer of funds to the airport fund to cover the construction of a smokehouse at the airport restaurant and an additional $55, 000 operating subsidy to the softball complex. The restaurant lease entered into this year required the construction of the smokehouse. The softball complex' s estimated revenues are expected to be about $10, 000 below the amount projected in the 98-99 adopted budget and the complex' s estimated expenses are expected to be about $45, 000 above those included in the 98-99 adopted budget . This appropriation can be paid out of current year' s general fund revenue. � Administrative Services totaling $115, 000 - This appropriation covers the construction of a smokehouse at the airport restaurant and purchase of the Lipp' s hangar. The cost of the smokehouse can be covered by a general fund transfer and the cost of the Lipp' s hangar was covered by $105, 000 in bond proceeds. Developmental Services totaling $7, 500 - This appropriation covers additional operating expenses in the Vision 2000 Fund. Approximately $6, 000 of this appropriation was covered by additional revenue in the Vision 2000 Fund. Staff recommends passage of this ordinance. p ctfully submitted, /� � ' � J n R. Richbourg / nance Director � � i � ichael . iller City Manager � MGM: gc � BILL NO. 99-149 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR CONTINGENCY, PUBLIC WORKS, GENERAL CAPITAL IMPROVEMENT, INTERNAL SERVICES, PUBLIC SAFETY, PARKS AND RECREATION, HAZARD MITIGATION, GENERAL FUND TRANSFERS, ADMINISTRATIVE SERVICES, DEVELOPMENTAL SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from revenues in excess of those estimated in the Budget for expenditure during the fiscal year ending June 30, 1999 , for the operation of the departments specified, in the following amounts: Contingency (General Fund) - Sixty Five Thousand Dollars ($65, 000. 00) for estimated costs associated with May 17, 1999, storm cleanup. � Public Works (General Fund) - Twenty-Five Thousand Two Hundred Dollars ($25,200. 00) for replacement of Nash Road railroad crossing. Public Works (Water Fund) - Two Hundred Ninety Thousand Six Hundred Dollars ($290 , 600 . 00) for costs associated with the Notre Dame water line. Public Works (Water Fund) - Fifty Thousand Dollars ($50, 000. 00) for estimated costs for completion of Twin Lakes water line. Public Works (Solid Waste Fund) - One Hundred Forty Thousand Dollars ($140, 000. 00) for additional estimated cost of contract hauling and disposal . General Capital Improvement (Capital Improvement sales Tax-Flood Control Fund) - Two Hundred Sixty- Five Thousand Dollars ($265, 000. 00) for additional costs for Middle Street Drainage Project. General Capital Improvement (FAU Grants Project Fund) - Three Hundred Ninety-Two Thousand Dollars ($392 , 000. 00) for additional costs for Hopper Bridqe Replacement. Internal Services (Data Processing Fund) - Fifty Thousand � Dollars ($50, 000. 00) for encumbrance of services to be paid for next year. Internal Services (Employee Benefits Fund) - Two Hundred Forty-Five Thousand Dollars ($245 , 000. 00) for additional � estimated operating expenses. Public Safety (General Fund) - Twenty-Four Thousand Eight Hundred Dollars ($24 , 800.00) for eight (8) months pay of grant funded Juvenile Police Officer. Public Safety (General Fund) - Sixteen Thousand Dollars ($16, 000 . 00) for additional estimated internal fleet services of Police. Public Safety (General Fund) - Twenty-One Thousand Dollars ($21, 000. 00) for additional estimated internal fleet services for Fire. Public Safety (General Fund) - Twelve Thousand Dollars ($12 , 000. 00) for additional Fire overtime and related benefits. Parks and Recreation (Softball Complex Fund) - Forty-Five Thousand Dollars ($45, 000. 00) for additional estimated operating expenses. Hazard Mitigation (General Fund) - One Hundred Seventy Thousand Dollars ($170, 000. 00) for various grant funded hazard mitigation projects. � General Fund Transfers - Ten Thousand Dollars ($10, 000. 00) to airport for estimated cost of restaurant smoke house. General Fund Transfers - Fifty-Five Thousand Dollars ($55, 000. 00) to increase estimated operating subsidy to softball complex. Administrative Services (Airport Fund) - Ten Thousand Dollars ($10, 000. 00) for estimated cost of restaurant smoke house. Administrative Services (Airport Fund) - One Hundred Five Thousand Dollars ($105, 000. 00) for purchase of Lipp' s Hangar. Developmental Services (Vision 200o Fund) - Seven Thousand Five Hundred Dollars ($7 , 500 . 00) for additional estimated operating expenses. ARTICLE 2 . The City Council of the City of Cape Girardeau, Missouri, hereby authorizes the transfer of appropriation from Developmental Services (General Fund) Personnel to Interdepartmental Services (General Fund) in the amount of Sixty Thousand Dollars ($60, 000. 00) for personnel cost charged to capital � improvement projects. � ARTICLE 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 19 . A. M. Spradlinq, III , Mayor ATTEST: Gayle L. Conrad City Clerk � � � CITY OF CAPE GI�tARDEAU,MISSOURI Office of the City Manager Council Letter Na 241 Agenda July 6, 1999 The Honorable Mayor And Members of the City Council City of Cape Girardeau,IViissouri Dear Mayor and Council Members: SUBJECT: An Ordinance Authorizing the Acquisition of Property for the Widening of Mt Auburn Road Between Independence and VPllliam Streets and Imprwements to the Independence Street and M�Auburn Road Intersection This Ordinance authorizes staff to proceed with the necessary property acquisition for the widening of M�Auburn Road between Independence and William Streets arid the improvement of the Independeace Street and Mt.Auburn Road intersection. This project has been included in the City's Capital Improvements Program for several years and is a � Trarisportation Trust Fund Project. It is recommended that the Council give first reading consideration of the attached ordinance authorizing staff xo proceed with the acquisition of properry for tlus improvement project. Res fully Submitted, . � � nt M.Bratton City Planner _r--� Walter L.Denton Acting City Manager � � BILL NO. 99-160 ORDINANCE No. AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE WIDENING OF MT. AUBURN ROAD BE'TWEEN INDEPENDENCE AND WILLIAM STREETS AND IMPROVEMENTS TO THE INDEPENDENCE STREET AND MT. AUBURN ROAD INTERSECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI,AS FOLLOWS: ARTICLE 1. The City Staff is authorized and directed to acquire certain pxoperty needed for the widening of Mt.Auburn Road between Independence and William Streets and impxovements to the Independence Street and Mt. Auburn Road intersection. The Ciry staff is hereby authorized and directed to accept offers of donation of properry needed, make appropriate offers of purchase to the owners of the properties based on values provided by pxofessional appraisers; to negotiate with the owners of the property in an effoxt to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's � powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to the following tracts are hexeby authorized and rarified by the City Council. ARTICLE 2. The properties designated for acquisition for this project are as follows: TRACT 1. CAPE RETIREMENT COMMUNITY, INC. GENERAL WARRANTY DEED THAT PART OF THE SOUTHWEST QUARTER OF OUTLOT 83 OF U.S.P. SURVEY 2199,TOWNSHII'30 NORTH,R.ANGE 13 EAST,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Northeast corner of the intersection of Independence Street and Mt.Auburn Road;thence along the North right-of-way line of said Independence Street,South 86°03'19"East,46.45 feet;thence leaving said right-of-way,along the arc of a non-tangent curve to the right,having a radius of 90.00 feet,74.55 feet(the chord of said arc bears North 35°10'42"West, 72.44 feet),to a point on the East right-of-way line of said Mt.Auburn Road; thence along said right-of-way,South 04°41'48"West,56.20 feet,to the place � of bea nni�and containing 934 square feet,more or less. TRACT 2. CAPE RETIREMENT COMMUNITY, INC. � TEMPORARY CONSTRUCTION EASEMENT THAT PART OF TI�SOUTHWEST QUARTER OF OUTLOT 83 OF US.P.SURVEY 2199,TOWNSHII'30 NORTH,RANGE 13 EAST,CITY AND COUNI'Y OF CAPE GIRARDEAU,STATE OF MISSOURI, DESQZIBED AS FOLLOWS: Commence at the Northeast corner of the intersection of Independence Street and Mt.Auburn Road;thence along the North right-of-way line of said Independence Street,South 86°03'19" East,46.45 feet,the point of begiruiin� thence leaving said right-of-way,along the arc of a non-tangent curve to the rig�t,having a radius of 90.00 feet,74.55 feet (the chond of said arc bears North 35°10'42"West,72.44 feet),to a point on the East right-of-wayline of said Mt. Auburn Road;thence along said right-of-way,North 04°41'48" East, 10.00 feet; thence leaving said right-of-way,South 36°04'16" East,86.44 feet,to a point on the North right-of-way line of said Independence Street;thence along said right-of-way,North 86°03'19"West, 10.00 feet,to the place of beginning and containing 934 square feet,more or less. Tx�cT 3. ZIMMER PROPERTIES, L.L.C. � GENERAL WA►��]ftANTY DEED THAT PART OF Tf-�SOUTHVUEST QUARTER OF OUTLOT 83 OF US.P. SURVEY 2199,TOWNSHII'30 NORTH,RANGE 13 EAST,CTTY AND COUNI'Y OF CAPE GIRARDEAU,STATE OF MISSOUR.I, DESC�IBED AS FOLLOWS: Cominence at the Northwest corner of Lot 1 of Girardeau Community Park as recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau County,being a point on the East right-of-way line of Mt Auburn Road; thence along said East right of way line,North 04°41'48" East,67.24 feet,to the place of beginnin� thence continue North 04°41'48" East, 282.76 feet,to the point of intersection of said Mt.Auburn Road and Independence Street;thence along the South right-of-way line of said Independence Street, South 86°03'19" East, 53.76 feet;thence leaving said right-of-way along the arc of a non- tangent curve to the left,having a radius of 90.00 feet,97.40 feet (the chord of said arc bears South 35°42'O1"West,92.72 feet);thence South 04°41'48" West, 204.00 feet;thence North 85°18'12"West,6.00 feet,to the place of beginning and containing 2,773 square feet,more or less. � � TRACT 4. ZIMMER PROPERTIES, L.L.C. PERMANENT EASEMENT THAT PART OF TI�SOUT�-NUEST QUARTER OF OUTLOT 83 OF US.P.SURVEY 2199,TOWNSHII'30 NORTH,RANGE 13 EAST,CTTY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOtTRI, DESGRIBED AS FOLLOWS: Begin at the Northwest corner of Lot 1 of Girardeau Community Park as recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau County,being a point on the East right-of-way line of Mt.Auburn Road; thence along said East right of way line,North 04°41'48" East,67.24 feet; thence leaving said right-of-way line,South 85°18'12" East, 6.00 feet;thence North 04°41'48" East,204.00 feet;thence along the arc of a curve to the right, having a radius of 90.00 feet,26.93 feet;thence South 04°41'48" West,297.64 feet,to a point on the North line of said Lot 1;thence North 86°03'19" West, 10.00 feet,to a point on said East right-of-way line,the place of beginning and containing 1,559 square feet,more or less. TRACT 5. � ZIMMER PROPERTIES, L.L.C. TEMPORARY CONSTRUCTION EASEMENT THAT PART OF`I�-�SOUI'HWEST QUARTER OF OUTLOT 83 OF US.P.SURVEY 2199,TOWNSHIl'30 NORTH,RANGE 13 EAST,CTTY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Begin at the Northwest corner of Lot 1 of Girardeau Community Park as recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau County,being a point on the East right-of-way line of Mt Auburn Road; thence leaving said rig�t-of-way line and along the North line of said Lot l, South 86°03'19" East, 10.00 feet,to the place of beginnin�thence leaving said North line,North 04°41'48" East,297.64 feet;thence along the arc of a non- tangent curve to the right having a radius of 90.00 feet,70.47 feet (the chord of said arc bears Norrh 44°16'24" East,68.68 feet),to a point on the South right- of-way line of Independence Street;thence along said right-of-way line,South 86°03'19" East, 10.00 feet;thence leaving said right-of-way line,South 51°17'10"West,60.23 feet;thence South 04°41'48" West,309.18 feet,to a point on the North line of said Lot 1;thence along said North line,North 86°03'19"West, 10.00 feet,to the place of beginning and containing 3,562 square feet,more or less. � TxACT 6. � SHELTER MUTUAL INSURANCE COMPANY PERMANENT EASEMENT THAT PART OF'IT�NORTHWEST QUARTER OF OUTLOT 84 AND T�-iE SOUTFiVVEST QUARTER OF OUTLOT 83 OF US.P.SURVEY 2199, TOWNSHIl'30 NORTH,RANGE 13 EAST,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,DESC�IBED AS FOLLOWS: Begin at the Northwest corner of Lot 1 of Girardeau Community Park as recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau County,being a point on the East right-of-way line of Mt.Auburn Road; thence along said right-of-way line,South 04°41'48" West,200.00 feet,to the Southwest corner of said Lot 1;thence leaving said right-of-way line and along the South line of said Lot 1,South 86°03'19" East, 10.00 feet;thence leaving said South line,North 04°41'48" East,200.00 feet,to a point on the North line of said Lot 1;thence along said North line,North 86°03'19" West, 10.00 feet, to the place of beginniuug and containing 2,000 square feet,more or less. rx�cT�. SHELTER MUTUAL INSURANCE COMPANY TEMPORARY CONSTRUCTION EASEMENT i� THAT PART OF Tf-�NORTHVUEST QUARTER OF OUTLOT 84 AND T�IE SOUI�iWEST QUARTER OF OUTLOT 83 OF US.P.SURVEY 2199, TOWNSHII'30 NORTH,RANGE 13 EAST,CIT'I'AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,DESC�iBED AS FOLLOWS: Commence at the Northwest corner of Lot 1 of Girardeau Community Park as recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau County,being a point on the East right-of-way line of Mt Auburn Road; thence leaving said rig�t of way line and along the North line of said Lot 1, South 86°03'19" East, 10.00 feet,to the point of beg�nnin�thence leaving said North line,South 04°41'48"West,200.00 feet,to a point on the South line of said Lot 1;thence along the South line of said Lot 1,South 86°03'19" East, 10.00 feet;thence leaving said South line,North 04°41'48" East,200.00 feet,to a point on the North line of said Lot 1;thence along said North line,North 86°03'19"West, 10.00 feet,to the place of beginning and containing 2,000 square feet,more or less. TRACT 8. ST. FRANCIS MEDICAL CENTER PERMANENT EASEMENT j� � T�iAT PART OF TT�E WEST HALF OF OUTLOT 84 OF US.P.SURVEY 2199,TOWNSHIl'30 NORTH,RANGE 13 EAST,CTTY AND COLJN'I`Y OF CAPE GIRARDEAU,STATE OF MISSOURI,DESCRIBED AS FOLLOWS: Begin at the Southwest corner of Lot 1 of Girardeau Community Park as recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau County,being a point on the East right-of-way line of Mt.Auburn Road; thence along said rigk�t-of-way line,South 04°41'48" West, 1330.97 feet,to the Northeast corner of the intersection of said Mt.Auburn Road and Gordonville Road;thence along the North right-of-way line of said Gordonville Road, South 70°44'59" East, 10.33 feet;thence leaving said right-of-way line,Norrh 04°41'48" East, 1333.70 feet,to a point on the South line of said Lot 1;thence along said South line,North 86°03'19"West, 10.00 feet,to the place of beginniug and containing 13,323 square feet,more or less. Tx�cT 9. ST. FRANCIS MEDICAL CENTER TEMPORARY CONSTRUCTION EASEMENT Tf-iAT PART OF THE WEST HALF OF OUTLOT 84 OF US.P.SURVEY � 2199,TOWNSHII'30 NORTH,RANGE 13 EAST,CTTY AND COUNl"Y OF CAPE GIRARDEAU,STATE OF MISSOURI,DESCRIBED AS FOLLOWS: Commence at the Southwest corner of Lot 1 of Girardeau Community Park as recorded in Plat Book 14 at Page 36 in the Land Records of Cape Girardeau County,being a point on the East right-of-way line of Mt.Auburn Road; thence South 86°03'19" East, 10.00 feet,to the point of beginnin�thence South 04°41'48"West, 1333.70 feet,to a point on the North right-of-wayline of Gordonville Road;thence along the North rig�t-of-way line of said Gordonville Road,South 70°44'S9" East, 10.33 feet;thence lea�ing said right- of-way line,North 04°41'48" East, 138.07 feet;thence South 85°18'12" East, 15.00 feet;thence North 04°41'48" East,70.00 feet;thence North 85°18'12" West, 15.00 feet;thence North 04°41'48"East,494.02 feet;thence North 34°41'48" East, 110.00 feet;thence North 04°41'48" East, 145.00 feet;thence North 40°18'12"West,77.78 feet;thence North 04°41'48" East, 128.35 feet; thence South 85°18'12" East,85.00 feet;thence North 04°41'48" East,76.00 feet;thence North 85°18'12"West,85.00 feet;thence North 04°41'48" East, 134.73 feet,to a point on the South line of said Lot l;thence along said South line,North 86°03'19"West, 10.00 feet,to the place of beginning and containing 32,968 square feet,more or less. � TRACT 10. DRURY PROPERTIES, INC. � GENERAL WARRANTY DEED T�-3AT PART OF THE WEST HALF OF OUTLOT 84 OF US.P.SURVEY 2199,TOWNSHII'30 NORTH,RANGE 13 EAST,CITY AND COUNl"Y OF CAPE GIRARDEAU,STATE OF MISSOURI,DESC�IBED AS FOLLOWS: Begin at the Southeast corner of the intersection of Mt Auburn Road and Gordonville Road;thence along said Gordonville Road right-of-way,South 70°44'59" East,28.44 feet;thence leaving said right of way line along the arc of a non-tangent curve to the left,having a radius of 22.00 feet,40.15 feet, (the chord of said arc bears South 56°58'25"West,34.80 feet),to a point on the East right-of-way line of said M�Auburn Road;thence North 04°41'48" East,28.44 feet,to the place of begirming and containing 184 square feet,more or less. TRACT 11. DRURY PROPERTIES, INC. TEMPORARY CONSTRUCTION EASEMENT '1�IAT PART OF TT�E WEST HALF OF OUTLOT 84 OF US.P.SURVEY 2199,TOWNSHIl'30 NORTH,RANGE 13 EAST,CTTY AND COUN'I'Y � OF CAPE GIRARDEAU,STATE OF MISSOURL,DESCRIBED AS FOLLOWS: Commence at the Southeast corner of the intersection of Mt.Auburn Road and Gordonville Road;thence along said Gordonville Road right-of-way,South 70°44'S9" East,28.44 feet,to the place of begirmin�thence continue along said rig�t-of-way,South 70°44'S9"East,26.56 feet;thence leaving said rig�t-of-way, South 19°15'O1"West, 10.00 feet;thence North 70°44'S9" West,45.00 feet; thence along the arc of a non-tangent curve to the right,having a radius of 22.00 feet,21.87 feet, (the chord of said arc bears North 80°46'41" East,20.98 feet),to the place of beginning and containing 396 square feet,more or less. TRACT 12. DSW DEVELOPMENT CORPORATION GENERAL WA►�ZEZAN'I'Y DEED THAT PART OF TT�E EAST HALF OF US.P.SURVEY NO 3090, TOWNSHII'30 NORTH,RANGE 13 EAST,CTTY AND COUN'I'Y OF CAPE GIIZARDEAU,STATE OF MISSOURI,DESC�IBED AS FOLLOWS: Begin at the Southwest corner of the intersection of Susan Lynn Drive and Mt. Auburn Road;thence along the West right-of-way line of said Mt.Auburn � � Road,South 04°41'48"West,488.54 feet;thence leaving said right-of-way line, North 85°18'12"West,7.00 feet;thence North 04°41'48" East, 124.67 feet; thence along the arc of a curve to the left,having a radius of 105.00 feet, 120.11 feet;thence North 86°03'19"West,54.72 feet;thence North 03°56'41" East, 80.00 feet;thence South 86°03'19" East,57.26 feet;thence along the arc of a non-tangent curve to the left,having a radius of 105.00 feet, 117.36 feet (the chord of said arc bears North 36°42'S9" East, 111.34 feet);thence North 04°41'48" East,93.86 feet,to a point on the South right-of-way line of said Susan Lynn Drive;thence along said right-of-way line,South 85°18'12" East, 8.00 feet,to the point of beginniag and containing 16,186 square feet,more or less. TRACT 13. DSW DEVELOPMENT CORPORATION TEMPORARY CONSTRUCTION EASEMENT THAT PART OF THE EAST HALF OF US.P.SURVEY NO 3090, TOWNSHII'30 NORTH,RANGE 13 EAST,CTTY AND COIJNI"Y OF CAPE GIRARDEAU,STATE OF MISSOURI,DESCftIBED AS FOLLOWS: Commence at the Southwest corner of the intersection of Susan Lynn Drive � and Mt.Auburn Road;thence along the West right-of-wayline of said Mt. Auburn Road,South 04°41'48"West,488.54 feet;thence leaving said right-of- wayline,North 85°18'12"West,7.00 feet,to the place of beginnin�thence continue North 85°18'12" West, 100.00 feet;thence North 04°41'48" East, 219.74 feet;thence South 86°03'19" East,38.47 feet;thence along the arc of a non-tangent curve to the right,having a radius of 105.00 feet, 120.11 feet (the chord of said arc bears South 28°04'30" East, 113.67 feet);thence South 04°41'48"West, 124.67 feet,to the place of beginnixng and contairung 20,363 square feet,more or less. ALSO THAT PART OF TI�EAST HALF OF US.P.SURVEY NO 3090, TOWNSHII' 30 NORTH,RANGE 13 EAST,CTI"Y AND COiJN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOLTRI,DESCRIBED AS FOLLOWS: Commence at the Southwest corner of the intersection of Susan Lynn Drive and Mt.Auburn Road;thence leaving said right-of-wayline and along the South right-of-way line of said Susan Lynn Drive,North 85°18'12" West, 8.00 feet,to the point of beginning;thence continue along said South rig�t-of-way line, North 85°18'12"West,25.00 feet;thence leaving said rig�t-of-way line,South 04°41'48"West,93.86 feet;thence along the arc of a cutve to the rig�t,having a radius of 80.00 feet,84.18 feet;thence North 86°03'19" West,51.27 feet; thence South 03°56'41"West,25.00 feet;thence South 86°03'19" East,57.26 � feet;thence along the arc of a non-tangent curve to the left,having a radius of 105.00 feet, 117.36 feet (the chord of said arc bears North 36°42'S9" East, _ 111.34 feet;thence North 04°41'48" East,93.86 feet,to the place of beginniYng � and contairung 6,223 square feet,more or less. ARTICLE 3. The Council of the City of Cape Girardeau,Missouri,hereby finds and declares that the acquisition of the above described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau,Missouri,and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the improvement or construction of a public road. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 1999. A.M. Spradling, III ATTEST: � Gayle L.Conrad City Clerk � � ,. JL1�,� DI ANCES � OR N � � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Letter No 244 Agenda July 19, 1999 �' The Honorable Mayor _ And Members of the City Council City of Cape Girardeau,lVrssouri Dear Mayor and Council Members: SUBJECT: An Ordinance Authorizing the Acquisition of Property for the Widening of Hopper Road Between Kage Road and Interstate 55 and the Construction of a Portion of Vantage Drive This Ordinance authorizes staff to proceed with the necessary property acquisition for the widening of Hopper Road between Kage Road and Interstate 55,as well as the construction of a portion of Vantage Drive along the interstate. A section of Vatttage Drive is being constructed in order to eliminate the curves in Hopper Road on the east side of � I-55. After construction of this improvement,traffic on Hopper Road will stop at Vantage Drive from both the west and east approaches. A diagram illustrating the road improvement is attached. The widening of this section of Hopper Road has been included itt the City's Capital Improvements Program for several years and is a Transportation Trust Fund Project. It is recommended that the Counal give first reading consideration of the attached ordinance authorizing staff to proceed with the acquisition of properry for this improvement project. Respe�ctfully Submitted, • /J��� ; Kent .Bratton City anneY � J Michael G Miller City Manager � � — — � � HUN ItKa _ �•. � � RD. z �� B �'9� �� `� �� / �6 �____----,, � � �� \ � o �' �S� DR. �� �\_,i ( � � � �� 6 � � �� � 1� cmi � ci � � � � � _ i� �� SCEN�c r � � DR. a � \ � /�j � GRANITE pR A � \� -. � / Z �° �_��� / � � � i�/ � �� � � � � � � D � �� � � 7� � ' 4 ,� �� �� �, � Z , � KAGE � —�._�.. . i `__J< <� � o � S � �R �, � cs BR�''�o R s ` �y � � � �\ ! � ANNWOOp � \ v� y� ARROWHE S � CAROL�EYVO� v ��Y BfA�FRc , � � � VALLEY �VIEW W. •��-'�. 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AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE WIDENING OF HOPPER ROAD BETWEEN KAGE ROAD AND INTERSTATE 55 AND THE CONSTRUCTION OF A PORTION OF VANTAGE DRNE BE IT ORDAINED BY THE COUNCII.OF THE CITY OF CAPE GIRARDEAU, MISSOURI,AS FOLLOWS: ARTICLE 1. The City Staff is authorized and directed to acquire certain property needed fox the widening of Hopper Road between Kage Road and Interstate 55 and the construction of a portion of Vantage Drive. The City staff is hereby authorized and dixected to accept offers of donation of property needed,make appropriate offers of purchase to the owners of the propexties based on values pxovided by professional appraisexs;to negotiate with the ownexs of the property in an effort to reach agreement for the purchase of the propexty needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to the following tracts are hexeby � authorized and ratified by the City Council. ARTICLE 2. The properties designated fox acquisition for this project are as follows: TRACT 1. TERRY L. ABBOTT, DORINDA ABBOTT,AND STEPHANIE VINES GENERAI.WARRANTY DEED A PART OF THE SOUTHEAST QUARTER OF SECTION 27,TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CIT'Y AND COUNTY OF CAPE GIR.ARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railxoad spike at the southeast corner of section 27, said point being the centerline intersection of Hopper and Kage Roads, thence along the south line of said section 27, S 89° 34'33"W, 1438.18 feet to the southeast corner of Tract 3 as recorded in the land records of the County Recorder's Office in book no. 715 at page 34, said point being the TRUE POINT OF BEGINNING. Then continuing along said south line S 89° 34' 33"W, 76.29 feet to the beginning of a non-tangent curve conca�e to the southeast having a central angle of 07° 49' 25" and a radius of 480.00 feet, from which point a radial line bears S 19° 09'47" E; � thence leaving said south line and along said curve in a northeasterly ditection, 65.54 feet to a point on the east line of said Tract 3; thence leaving said curve and along said east line, S 38° 10'27" E, 21.20 feet to the point of beginning, containing 0.01 acres more or less. (688.13 square feet) � TRACT 2. TERRY L.ABBOTT, DORINDA ABBOTT,AND STEPHANIE VINES GENERAL WA,F�tANTY DEED -� A PART OF THE SOUTHEAST QUARTER OF SECTION 27,TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southeast corner of section 27, said point being the centerline intersection of Hopper and Kage Roads,thence along the south line of said section 27,S 89° 34'33"W, 1589.52 feet to the southwest corner of Tract 3 as recorded in the land records of the County Recorder's Office in book no. 715 at page 34, said point being on the east right of way line of Interstate Route I-55;thence along said right of way line the following courses and distances;N 20° 43'26"W,257.41 feet;thence N 65° 43'26"W,42.43 feet to the TRUE POINT OF BEGINNING; Thence continuing along said right of way line,N 65° 43'26" W 98.99 feet;thence N 20° 43'26"W,2.34 feet;thence leaving said right of way line,N 69° 16'34" E, 70.00 feet;thence S 20° 43'26" E, 72.34 feet to the point of beginning, containing 0.06 acres more or less. (2,614.01 square feet) ��j TRACT 3. TERRY L.ABBOTT,DORINDA ABBOTT,AND STEPHANIE VINES TEMPORARY CONSTRUCTION EASEMENT A PART OF 7�-IE SOUTHEAST QUARTER OF SECTION 27,TOWNSHII'31 NORTH,RANGE 13 EAST OF TI�F�PRINCII'AL MERIDIAN,CITY AND COIJNI'Y OF CAPE GIIZARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southeast corner of section 27, said point being the centerline interseciton of Hopper and Kage Roads,thence along the south line of said section 27,S 89° 34'33"W, 1483.18 feet to the southeast corner of Tract 3 as recorded in the land records of the County Recorder's Office in book no. 715 at page 34;thence along the east line of said tract,N 38° 10'27" W 21.20 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east line the following courses and distances;N 38° 10' 27"W, 155.27 feet;thence N 08° 55'27"W,255.00 feet;thence leaving said east line, N 71° 55'26"W, 165.48 feet;thence S 69° 16'34" W,70.00 feet to a point on the east right of way line of Interstate Route I-55;thence along said east right of way line S 20°43'26" E, 125.00 feet;thence leaving said right of way line,N 69° 16'34", 70.00 feet;thence S 20° 43'26" E,72.34 feet to a point on the east right of wayline ��,,,/� � of Interstate Route I-55; Thence along said east right of way line the following courses and distances; S 65°43'26" E, 42.43 feet;thence S 20° 43'26" E, 257.41 feet to a point on the south line of said section 27;thence leaving said east right of way line and along said south line,N 89° 34'33" E, 30.05 feet to the beginnuig of a non-tangent curve concave to the southeast having a central angle of 07° 49'25" and a radius of 480.00 feet, from which point a radial line bears S 19° 0�'47" E;thence leaving said south line and along said curve in a northeasterly direction,65.54 feet to the point of beginning, containing 1.07 acres more or less. (46,696.93 square feet) TRACT 4. TERRY L.ABBOTT AND DORINDA ABBOTT GENERAL WA►�t][ZAN'I'Y DEED A PART OF THE SOUTHEAST QUARTER OF SECTION 27,TOWNSHIP 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southeast corner of section 27, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 27,S 89° 34'33"W, 1311.06 feet to the southeast corner of � a tract of land as recorded in the land records of the County Recorder's Office in book no. 341 at page 311, said point being the TRIJE POINT OF BEGINNING; Thence along the east line of said tract N 00° 47'26" W,26.65 feet;thence leaving said east line, S 88° 51'54"W, 100.00 feet to the beginning of a curve concave to the southeast having a central angle of 10° 12' 16" and a radius of 480.00 feet;thence along said curve in a southwesterly direction, 85.49 feet to a point on the east line of Tract 3 as recorded in the land records of the CountyRecorder's Office in book no. 715 at page 34;thence along the east line of said tract,S 38° 10'27" E,21.20 feet to a point on the south line of said section 27;Thence leaving said east line and along said south line,N 89° 34'33" E, 172.12 feet to the point of beginning, containing 0.10 acres,more or less (4,395.08 square feet) TRACT 5. TERRY L.ABBOTT AND DORINDA ABBOTT TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHEAST QUARTER OF SECTION 27,TOWNSHIP 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southeast corner of section 27, said � point being the centerline intersection of Hopper and Kage Roads,thence along the south line of said section 27,S 89°34'33"W, 1311.06 feet to the southeast corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 341 at page 311; thence along the east line of said tract,N 00° 47'26" W, �� 26.65 feet to the TRUE POINT OF BEGINNING; Thence leaving said east line,S 88° 51'S4"W, 100.00 feet to the beginning of a curve concave to the southeast having a central angle of 10° 12' 16" and a radius of 480.00 feet;thence along said curve in a southwesterly direction, 85.49 feet to a point on the east line of Tract 3 as recorded in the land records of the County Recorder's Office in book no. 715 at page 34;thence along the east line of said tract the following courses and distances;N 38° 10'27"W, 155.27 feet;thence N 08° 55'27" W,255.00 feet;thence leaving said east line, S 38° 35' 12" E, 101.19 feet; Thence S 24° 12'48" E, 131.88 feet;thence S 53° 31'S8" E, 94.82 feet;thence S 87° 57'S2" E, 81.00 feet;thence S 29° 28'36" E, 92.77 feet to a point on the east line of said tract of land recorded in book no. 341 at page 31 l;thence along said east line,S 00° 47'26" E, 23.35 feet to the point of beginning,containu�g 0.93 acres more or less. (40,657.82 square feet) TRACT 6. KYLE S.AND AMY S. MCDONALD GENERAL WA,F�tANTY DEED A PART OF THE SOUTHEAST QUARTER OF SECTION 27,TOWNSHIP 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CIT"Y AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOUIR,BEING �,,,,,,,� MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southeast corner of section 27,said point being the centrline intersection of Hopper and Kage Roads,Thence along the south line of said section 27, S 89° 34'33"W,952.26 feet to the southeast corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 724 at page 457,said point being the TRUE POINT OF BEGINNING; Thence leaving said south line and along the east line of said tract,N 00° 47'26" W, 31.10 feet;thence leaving said east line, S 88° 51'S4" W,358.79 feet to a point on the west line of said tract;thence along said west line,S 00° 47'26" E, 26.65 feet to the southwest corner of said tract,said point being on the south line of said section 27; thence leaving said west line and along said south line,N 89° 34'33" E, 358.80 feet to the point of beg'uzni.ug, containuig 0.23 acres more or less. (10,359.77 square feet) TRACT 7. KYLE S.AND AMY S.MCDONALD TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHEAST QUARTER OF SECTION 27,TOWNSHIl'31 NORTH,RANGE 13 EAST OF THE FIFT�-i PRINCIl'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING � MORE PARTIG'ULARLY DESCRIBED AS FOLLOWS: � Commencing at an iron railroad spike at the southeast corner of section 27, said point being the centerline intersection of Hopper and Kage Roads,thence along the south line of said section 27,S 89° 34'33"W,952.26 feet to the southeast corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 724 at page 457; thence leaving said south line and along the east line of said tract,N 00°47'26" W,31.10 feet to the TRUE POINT OF B�GIlVNING; Thence continuing along said east line,N 00° 47'26" W 18.90 feet;thence leaving said east line, S 83° 40'04"W, 153.44 feet;thence N 86° 02'36" W,206.78 feet to a point on the west line of said tract;thence along said west line,S 00° 47'26" E, 23.35 feet;thence N 88° 51'S4" E, 358.79 feet to the point of beginning, containiiig 0.10 acres more or less. (4,746.18 square feet� TRACT 8. THE BENCHNIARK GROUP, L.L.C. GENERAL WARRANTY DEED A PART OF THE NORTHEAST QUARTER OF SECTION 34,TOWNSHIl'31 NORTH,RANGE 13 EAST OF THE FIF`I'H PRINCIPAL MERIDIAN,CITY AND COUNT'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: � Commencing at an iron railroad spike at the northeast corner of section 34, said point being the centerline intersection of Hopper and Kage Roads,Thence along the north line of said section 34,S 89° 34'33"W,787.06 feet;thence leaving said north line S 00° 25'27" E, 17.84 feet;Thence S 23° 24'21" W,5.26 feet to the northeast corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 984 at page 380, said point being the TRLTE POINT OF BEGINNING; Thence along the east line of said tract,S 23° 24'21" W 4.65 feet;thence leaving said east line, S 88° 51'S4"W,234.56 feet to a point on the west line of said tract; thence along said west line,N 02° 12'01" E, 8.57 feet to the northwest corner of said tract;Thence along the north line of said tract, N 89° 54'S2" E, 236.03 feet to the point of beginning,containuig 0.03 acres more or less. (1,505.77 square feet) TRACT 9. THE BENC�-�VIARK GROUP, L.L.C. PERMANENT DRAINAGE EASEMENT A PART OF THE NORTHEAST QUARTER OF SECTION 34,TOWNSHIl'31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COLJNI'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: � Commencing at an iron railroad spike at the northeast corner of section 34, said point being the centerline intersection of Hopper and Kage Roads,Thence along the north line of said section 34, S 89° 34'33"W,787.06 feet;Thence leaving said north line S 00° 25'27" E, 17.84 feet;Thence S 23° 24'21" W,5.26 feet to the northeast � corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 984 at page 380;Thence along the east line of said tract, S 23° 24' 21"W,4.65 feet to the TRUE POINT OF BEGINNING; Thence continuing along the east line of said tract, S 23° 24'21" V�71.45 feet; Thence leaving said east line,S 88° 51'S4"W,26.88 feet;Thence N O1° 08'06" W, 65.00 feet;Thence N 88° 51'S4" E, 56.56 feet to the point of beginning, containing 0.06 acres more or less. (2,711.59 square feet) TRACT 10. THE BENCHNiARK GROUP, L.L.C. TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHEAST QUARTER OF SECTION 34,TOWNSHII'31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUNTY OF CAPE GIlZARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the northeast corner of section 34, said point being the centerline intersection of Hopper and Kage Roads,Thence along the north line of said section 34,S 89° 34'33"W,787.06 feet;Thence lea�ing said north line S 00° 25'27" E, 17.84 feet;Thence S 23° 24'21" W 5.26 feet to the northeast corner of a tract of land as recorded in the lattd records of the County Recorder's �,,,,,,� Office in book no. 984 at page 380;Thence along the east line of said tract,S 23° 24' 21"W,4.65 feet to the TRUE POIlVT OF BEGINNIl�TG; Thence continuing along the east line of said tract,S 23° 24'21" W,71.45 feet; Thence leaving said east line,S 88° 51'S4" W,26.88 feet; Thence N O1° 08'06" W, 45.00 feet;Thence S 87° 16'S7"W, 179.52 feet to a point on the west line of said tract;Thence along said west line,N 02° 12'O1" E, 25.00 feet;Thence N 88° 51'S4" E, 234.56 feet to the point of beginrung,containing 0.15 acres more or less. (6,727.37 square feet) TRACT 11. TERRY K. SCARBER TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHEAST QUARTER OF SECTION 27,TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUN'IY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: A strip of land being 10.00 feet wide lying norther�y of and adjacent to the south line of lot no. 1 of Ashland Hills Eighth Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 17 at page no. 40. � � The side line of said easement being prolonged and shortened to terminate at the west and east lines of said lot no. 1. TRACT 12. GEORGE W.AND JOANN M.WEBBER GENERAL WARRANTY DEED �- A PART OF THE NORTHEAST QUARTER OF SECTION 34,TOWNSHII'31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUNI'Y OF CAPE GIlZARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the northeast corner of section 34, said point being the centerline intersection of Hopper and Kage Roads,Thence along the north line of said Section 34, S 89° 34'33"W, 1311.06 feet;Thence leaving said north line, S 00° 00'03" E, 19.57 feet to the northwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 950 at page 460, said point being the TRUE POINT OF BEGINNING; Thence along the west line of said tract,S 00° 00'03" E, 13.79 feet;Thence leaving said west line,N 88° 51'S4" E, 285.72 feet to a point on the east line of said tract; Thence along said east line,N 02° 12'O1" E, 8.57 feet to the northeast corner of said tract;Thence along the north line of said tract, S 89° 54'S2" W,285.99 feet to � the point of beginning,containing 0.07 acres more or less. (3,193.77 square feet) TRACT 13. GEORGE W.AND JOANN M.WEBBER PERMANENT DRAINAGE EASEMENT A PART OF THE NORTI-�AST QUARTER OF SECTION 34,TOWNSHIl'31 NORTH,RANGE 13 EAST OF THE FIF'I�i PRINCII'AL MERIDIAN,CITY AND COUrTI'Y OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTIG'UI.ARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the northeast corner of section 34, said point being the centerline intersection of Hopper and Kage Roads,Thence along the north line of said section 34, S 89° 34'33"W, 1311.06 feet;Thence leaving said north line, S 00° 00'03" E, 19.57 feet to the northwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 950 at page 460;Thence along the west line of said tract, S 00° 00'03" E 13.79 feet to the TRUE POINT OF BEGINNING: Thence continuing along said west line, S 00° 00'03" E, 85.00 feet;Thence leaving said west line,N 89° 59'S7" E, 35.00 feet;Thence N 00° 00'03" W,85.69 feet; Thence S 88° 51'S4"W,35.01 feet to the point of begiiuiing, containing 0.06 acres more or less. (2,987.13 square feet) � TRACT 14. GEORGE W.AND JOANN M.WEBBER � TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHEAST QUARTER OF SECTION 34,TOWNSHII'31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the northeast corner of section 34, said point being the centerline intersection of Hopper and Kage Roads,Thence along the north line of said section 34, S 89° 34'33"W, 1311.06 feet;Thence leaving said north line,S 00° 00'03" E, 19.57 feet to the northwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 950 at page 460;Thence along the west line of said tract, S 00° 00'03" E, 13.79 feet to the TRLTE POINT OF BEGINNING; Thence continuing along said west line, S 00° 00'03" E, 85.00 feet;Thence leaving said west line,N 89° 59'S7" E, 35.00 feet;Thence N 00° 00'03" W,50.00 feet; Thence N 86° 24'26" E, 250.19 feet to a point on the east line of said tract;Thence along said east line,N 02° 12'Ol" E, 25.00 feet;Thence leaving said east line, S 88° 51'S4"W,285.72 feet to the point of beginning,containing 0.24 acres more or less. (10,571.95 square feet) TRACT 15. � JEWEL MAE HABECK GENERAL WA,F.RANTY DEED A PART OF Tf�NORTHEAST QUARTER OF SECTTON 34, TOWNSHII'31 NORTH,RANGE 13 EAST OF'THE FIFTH PRINCII'AL MERIDIAN,CTTY AND QOUN'I'Y OF CAPE GIlZARDEAU,STATE OF MISSOURI,BEING MORE PARTTCULARLY DESQZIBED AS FOLLOWS: Commencing at an iron railroad sp�e at the northeast corner of section 34, said point being the centerline intersection of Hopper and Kage Roads;thence along the north line of said secaon 34,S 89° 34'33" W 656.09 feet to the northwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no.967 at page 959,said point being the TRUE POINT OF BEGINNING; Thence continuing along the north line of said section 34,S 89° 34'33" W 130.97 feet;Thence leaving said north line S 00°25'27" E, 17.84 feet;Thence S 23°24'21"W,9.91 feet to a point on the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no.984 at page 380;Thence leaving said east line N 88°51'S4" E,40.41 feet to the begiruiing of a curve concave to the southeast having a central angle of.00° 32'22" and a � radius of 9970.00 feet;Thence along said curve in an easterly direction 93.88 � feet to a point on the west line of said tract of land in book no.967 at page 959;Thence along said west line N Ol°06'38" E,25.69 feet to the point of beginning,containing 0.07 acres more or less. (3,433.81 square feet) TRACT 16. JEWEL MAE HABECK � TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHEAST QUARTER OF SECTTON 34, TOWNSHII'31 NORTH,RANGE 13 EAST OF T'HE FIFTH PRINCII'AL MERIDIAN,CTTY AND OOUN�I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the norrheast corner of section 34,said point being the centerline intersection of Hopper and Kage Roads,Thence along the north line of said section 34,S 89°34'33" W,656.09 feet to the northwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no.967 at page 959;Thence lea�ing said section line and along the west line of said tract,S Ol° 06'38" W,25.69 feet to the TRUE POINT OF BEGINNING; Thence continuing along said west line S O1° 06'38" W,79.31 feet;Thence � leaving said west line,N 33° 51'40"W,82.72 feet;Thence S 53° 51'S1" W, 121.85 feet;Thence N 48° 33'40"W,22.17 feet to a pouit on the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no.984 at page 380;Thence along said east line,N 23° 24'21" E,71.45 feet;Thence leaving said east line N 88°51'S4" E,40.41 feet to the beginning of a curve concave to the southeast having a central angle of 00° 32'22" and a radius of 9970.00 feet;Thence along said curve in an easterly direction 93.88 feet to the point of beginning,containing 0.15 acres more or less. (6,834.76 square feet) TRAC'I'17. FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU GENERAL WA,F.RANTY DEED A PART OF TI-�NORTHEAST QUARTER OF SETION 34, TOWNSHII'31 NOR'TH,RANGE 13 EAST OF TI�FIFTH PRINCIPAL MERIDIAN,CTI"Y AND COUNI'Y OF CAPE GIRARDEAU,STATE OF NIISSOURI,BEING MORE PARTIC[JLARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the northeast corner of Section 34, said point being the centerline intersection of Hopper and Kage Roads,Thence � along the north line of said section 34,S 89° 34'33" W,525.82 feet to the , TRUE PO1NT OF BEGINNINC'r, Thence leaving said north line,S 00° 00'00"W,26.11 feet;Thence S 90° 00' � 00"W,27.14 feet to the begirming of a curve concave to the southeast having a central angle of 00° 35'44" and a radius of 9970.00 feet;Thence along said curve in a westerly direction 103.63 feet to a point on the west line of a tract of land as recorded in the land records of the County Recorder's Office in book 967 at page 959;Thence along said west line N O1°06'38" E,25.69�eet to the northwest corner of said tract,said point also being on the north line of said section 34;Thence along the north line of said section,N 89° 34'33" E, 130.27 feet to the point of beginning,containing 0.07 acres more or less. (3,362.79 square feet) TRACT 18. FIRST ASSEMBLY OF GOD CHURCH OF CAPE GIRARDEAU TEMPORARY CONSTRUCTION EASEMENT A PART OF Tf-�NORTHEAST QUARTER OF SECTTON 34, TOWNSHII'31 NORTH,RANGE 13 EAST OF T'HE FIFTH PRINCIl'AL NIERIDIAN,CTTY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCIZIBED AS FOLLOWS: Commencing at an iron railroad spike at the northeast corner of section 34,said point being the centerline intersection of Hopper and Kage Roads,Thence along the north line of said section 34,S 89° 34'33" W,656.09 feet to the �,,,� northwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no.967 at page 959;thence leaving said section line and along the west line of said tract,S Ol° 06'38" W,25.69 feet to the TRIJE POINT OF BEGINNING; Thence continuing along said west line S 01° 06'38" W,79.31 feet;Thence leaving said west line,S 39°40'44" E,46.07 feet;Thence N 58° 48' 15" E, 203.28 feet;Thence S 59° 02' 10" E, 116.62 feet;Thence S 90° 00'00" E,50.00 feet;Thence N 00°00'00" E,70.00 feet;Thence N 90° 00'00" W,248.14 feet to the begirming of a curve concave to the southeast having a central angle of 00°35'44" and a radius of 9970.00 feet;Thence along said c1u-ve in a westerly direction 103.63 feet to the point of begirming,containiiig 0.48 acres more or less. (21,182.39 square feet) TRACT 19. ASHLAND LAND DEVELOPMENT CORPORATION GENERAL WARRANTY DEED A PART OF TI-�SOUTHEAST QUARTER OF SECITON 27, TOWNSHII'31 NORTH,RANGE 13 EAST OF THE FIFI�I PRINCII'AL MERIDIAN,CTTY AND OOUN'I'Y OF CAPE GIRARDEAU,STATE OF � � MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southeast corner of section 27, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 27,S 89°34'33" W 923.68 feet to the TRUE POINT OF BEGINNIl�TG; Thence continuing along said south line,S 89° 34'33" W 28.58 feet to the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no.446 at page 104;Thence leaving said south line and along the west line of said tract,N 00° 47'26" W 31.10 feet; Thence leaving said west line,N 88°51'S4" E, 28.66 feet to the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 855 at page 297;Thence along the prolongation of the west line of said tract,S 00°38'41" E, 31.46 feet to the point of begiruung,containing 0.02 acres more or less. (895.04 square feet) TRACT 20. ASHLAND LAND DEVELOPMENT CORPORATION TEMPORARY CONSTRUCTION EASEMENT A PART OF Ti�SOUTHEAST QUARTER OF SECTION 27, � TOWNSHII'31 NORTH,RANGE 13 EAST OF T'HE FIF'I�i PRINCII'AL MERIDIAN,CTTY AND QOLJN'I"Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESQZIBED AS FOLLOWS: Commencing at an iron railroad spike at the southeast corner of section 27, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 27,S 89° 34'33" W 952.26 feet to the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no.446 at page 104;Thence leaving said south line and along the west line of said tracrt,N 00° 47'26" W 31.10 feet to the TRtJE POINT OF BEGINNING; Thence continuing along said west line,N 00°4T 26" W 18.90 feet;Thence leaving said west line,S 73°51'S8" E,29.98 feet to a point on the west line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 855 at page 297; Thence along said west line S 00° 38'41" E, 10.00 feet to the southwest corner of said tract;Thence leaving said west line,S 88° 51'S4"W,28.66 feet to the point of beginning,containing 0.009 acres more or less. (414.31 square feet) � TRACT 21. � DENNIS N.AND MARLENE LONG TEMPORARY CONSTRUCTION EASEMENT A PART OF TI�SOUTHEAST QUARTER OF SECTION 27, TOWNSHII'31 NORTH,RANGE 13 EAST OF'I'�-�FIF'I�-i PRINCII'AL MERIDIAN,CTIY AND OOUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESC�t1BED AS FOLLOWS: A strip of land being 22.00 feet wide�ying northerly of and adjacent to the south line of lot no. 6 of Ashland Hills Eighth Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 17 at page no.40. The side line of said easement being prolonged and shortened to terminate at the west and east lines of said lot no. 6. TRACT 22. NANCY L.AND SANDRA K.SIlVIMONS TEMPORARY CONSTRUCTION EASEMENT A PART OF Tf-�SOUTHEAST QUARTER OF SECTION 27, TOWNSHII'31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CTTY AND QOLINI'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS �;,,...� FOLLOWS: A strip of land being 25.00 feet wide lying northerly of and adjacent to the south line of lot no.7 of Ashland Hills Eighth Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 17 at page no.40. The side line of said easement being prolonged and shortened to terminate at the west and east lines of said lot no.7. TRACT 23. DOROTHY M.DIGIROLAMO TEMPORARY CONSTRUCTION EASEMENT A PART OF TI�SOUTHEAST QUARTER OF SECTION 27, TOWNSHII'31 NORTH,RANGE 13 EAST OF'I'I�FIFTH PRINCIPAL MERIDIAN,CITY AND QOUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTTCULARLY DESQZIBED AS FOLLOWS: A strip of land being 12.00 feet wide�ying northerly of and adjacent to the south line of lot na 12 of Ashland Hills Eighth Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 17 at page no.40. The side line of said easement being prolonged and shortened to terminate at the west and east lines of said lot no. 12. � � AR'1"ICLE 3. The Council of the City of Cape Girardeau,Missouri,hereby finds and declares that the acquisition of the above described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau,Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide for the improvement or construction of a public road. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED TFiIS DAY OF , 1999. A.M. Spradling, III ATI'EST: Gayle L.Conrad City Clerk � � � QTY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Letter No. 245 Agenda July 19, 1999 • The Honorable Mayor And Members of the City Council City of Cape Girardeau,Missouri Dear Mayr�r and Council Members: SUBJECT: An Ordinance Authorizing the Acquisition of Property for the Exbension of Hopper Road Between Mt Auburn and Kage Roads This Ordinance authorizes staff to proceed with the necessarypropertyac4aisition for the redesigned extension of Hopper Road between Mt.Auburn and Kage Rc�ads. A diagram illustrating the road improvement is attached The extension of Hopper R,oad bet�en M�Auburn and Kage Roads has been included in the �it�s Capital Improvements � Program for several years and is a Ti�ansportatio�i Trust Fund Project. It is recommended that the Council give first reading consideration of the attached ordinance authorizing staff to proceed with the acquisition of property for this improvement project. 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'1� 1 � 'f�j P t 1 ��� �� t � i ,. \\� � `h+ � � ,�\:a,�,�,\ ` � ,-. �� � � a ,� 'A,� � • . � �.. f , � .�,�� . ,. � ��; .:�, : � � ;r" ;. i� � ; � . ; � , J, � � ,, � ;.� , I �� 'f � �/' � ; ,� /�, i�' �_` ,1 '�`` fA i �N '� i ,:t, � �`• O I �1 � � � � _ I ;— ' � � � `�� � � c� '' ' � � Y , � �,\ `' ' � O � �'� ��1 �,� O t" � � � `':���.an \� L � p� �u ' .'� '� '" ��t� Q Q .� '..� Q � ` � 2 � � 'u, ' �� � �\ �� ,``A^�.��.s � ��; .\ - � . . .. � .,� �\ r� �7�' �\���`� \,�r��: ,,;,; � �, \, .. _ .,�:�;,,t�`U :�1-;�\� � ;; \�,,\ /`,�,f,� �� �', �\ ,./� ,� ���� ,.\ �� ,;. \. �; � 4,� '�� , ,�`.� � � � � _ ; .���,,. �,Y: �,�.�i._ , , ; : Q� ,`� � �, � BILL NO. 99-162 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE EXTENSION OF HOPPER ROAD BETWEEN MT. AUBURN AND KAGE ROADS '� BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI,AS FOLLOWS: ARTICLE 1. The City Staff is authorized and directed to acquire cextain property needed for the extension of Hopper Road between Mt.Auburn and Kage Roads. The Ciry staff is hereby authorized and directed to accept offers of donation of properry needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appxaisers;to negotiate with the owners of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to the following ttacts ate hereby authorized and ratified by the Ciry Council. � ARTICLE 2. The properties designated for acquisition for this project axe as follows: TRACT 1. THOMAS AND KAREN MOGELNICKI TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIP 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNT'Y OF CAPE GIRARDEAU, STAT'E OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the northerly most corner of lot 78 of Clarkton Place Subdivision Phase 3 as xecorded in the land records of the County Recorder's Office in plat book no. 16 at page 43,Thence along the west line of said lot,S 36°16'34" W, 55.00 feet; Thence leaving said west line,N 88°04'S9" E,46.52 feet to a point on the east line of said lot;Thence along said east line, N 18°03'27" W, 45.00 feet to the point of beginning, containing 0.02 acres more or less. (1,005.38 squaxe feet) F T TRACT 2. � ROBERT L. DODSON,RENEE DODSON,AND NANCY DUSCHELL TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHV�IEST QUARTER OF SECTTON 26;TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND COUN'IY OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads,Thence along the centerline of Kage Road, N 00°07'32" E, 188.00 feet to the TRIJE POINT OF BEGINNING; Thence leaving said centerline, S 89°52'28" E, 45.00 feet; Thence S 70°12'30" E, 97.17 feet;Thence S 71°OS'56" E, 246.96 feet to a point on the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 424 at page no. 502;Thence along said east line, S 00°00'00"W, 50.20 feet;Thence leaving said west line N 85°42'39"W, 16.01 feet to the beguuung of a curve concave to the southwest,having a central angle of 04°17'21" and a radius of 1430.00 feet; Thence along said curve in a northerly and westerly direction 107.05 feet;Thence N 90°00'00"W, 197.46 feet to the beginning of a curve conca�e to the northeast, having a central angle of 90°07'32" and a radius of 20.00 feet;Thence along said curve in a westerly and northerly direction 31.46 feet;Thence N 00°07'32" E, 127.89 � feet;Thence N 89°52'28" W,30.00 feet to the centerline of Kage Road;Thence along said centerline,N 00°07'32" E, 10.00 feet to the point of beginning,containing 0.82 acres more or less. (35,618.57 square feet) TRACT 3. ROBERT L. DODSON,RENEE DODSON,AND NANCY DUSCHELL GENERAL WARRANTY DEED A PART OF THE SOUT�-NUEST QUARTER OF SECTTON 26,TOWNSHII'31 NORTH,RANGE 13 EAST OF'I'f-�FIFTH PRINCIl'AL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads,Thence along the centerline of Kage Road,N 00°07'32" E, 178.00 feet;Thence leaving said centerline, S 89°52'28" E, 30.00 feet; Thence S 00°07'32"W, 127.89 feet to the beginning of a curve concave to the northeast,having a central angle of 90°07'32" and a radius of 20.00 feet;Thence along said curve in a southerly and easterly direction 31.46 feet; Thence S 90°00'00" E, 197.46 feet to a curve concave to the southwest,having a cenual angle of 04°17'21" and a radius of 1430.00 feet;Thence along said curve in � � an easterly and southerly direction 107.05 feet;Thence S 85°42'39" E, 16.01 feet to a pomt on the east line of a tract of land as recorded in the land records of the County Recorder's Office in book no. 424 at page no. 502;Thence along said east line, S 00°00'00"W,24.80 feet to a point on the south line of said section 26;Thence along said south line,N 90°00'00"W,370.49 feet to the point of beginning, containing 0.35 acres more or less. (15,422.72 square feet) , TRACT 4. ROBERT L. DODSON AND RENEE DODSON PERMANENT DRAINAGE EASEMENT A PART OF THE SOUTHV�/EST QUARTER OF SECTION 26,TOWNSHIl'31 NORTH,RANGE 13 EAST OF'IT�FIFTH PRINCII'AL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICLTLARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 26, S 90°00'00" E, 370.49 feet to the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 421 at page no. 842;Thence leaving said section line and along the west line of said tract,N 00°00'00" E, 24.80 feet;Thence leaving said west line,S 85°42'39" E, � 218.45 feet to the TRUE POINT OF BEGINNING; Thence N 04°17'21" E, 30.00 feet;Thence S 85°42'39" E, 30.00 feet;Thence S 04°17'21"W, 30.00 feet;Thence N 85°42'39" W,30.00 feet to the point of beginning, containing 0.02 acres more or less. (900.00 square feet) TRACT 5. ROBERT L. DODSON AND RENEE DODSON PERMANENT DRAINAGE EASEMENT A PART OF TF-�SOUTHWEST QUARTER OF SECTION 26,TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 26,S 90°00'00" E, 1018.31 feet to the TRUE POINT OF BEGINNING; Thence continuing along said south line, S 90°00'00" E, 15.00 feet;Thence leaving said south line,N 00°00'00" E, 40.00 feet;Thence N 90°00'00"W, 15.00 feet; Thence S 00°00'00"W,40.00 feet to the point of beginning, containing 0.01 acres more or less. (600.00 square feet) � TRACT 6. �� ROBERT L. DODSON AND RENEE DODSON TEMPORARY CONSTRUCTION EASEMENT A PART OF TT�SOUTHWEST QUARTER OF SECTION 26;'TOWNSHII'31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 26, S 90°00'00" E, 370.49 feet to the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 421 at page no. 842;Thence leaving said section line and along the west line of said tract,N 00°00'00" E, 24.80 feet to the TRUE POINT OF BEGINNING; Thence continuing along said west line N 00°00'00" E, 50.20 feet;Thence leaving said west line, S 67°33'40" E, 128.61 feet;Thence N 82°58'45" E, 101.98 feet; Thence S 85°42'39" E, 30.00 feet;Thence S 83°04'S0" E, 216.91 feet;Thence N 80°39'S4" E, 184.95 feet; Thence S 90°00'00" E, 15.00 feet; Thence S 73°41'10" E, 106.80 feet;Thence N 66°34'17" E, 163.48 feet;Thence S 89°59'24" E, 68.15 feet to a point on the west line of Summit Estates Second Subdivision as recorded in plat book no. 16 at page no. 97A;Thence along said west line S 00°52'00" E, 75.00 feet to � a point on the south line of said section 26; Thence along said section line,N 90°00'00"W, 602.67 feet to the beginning of a curve concave to the northeast, ha�ing a central angle of 04°17'21" and a radius of 1370.00 feet;Thence leaving said section line and along said curve in a northwesterly direction 102.56 feet;Thence N 85°42'39"W,280.26 feet to the point of beginning, containing 0.70 acres more or less. (30,453.51 square feet) TRACT 7. ROBERT L. DODSON AND RENEE DODSON GENERAL WARRANTY DEED A PART OF TT�E SOUTHWEST QUARTER OF SECTION 26,TOWNSHII'31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 26,S 90°00'00" E, 370.49 feet to the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 421 at page no. 842, said point being the TRUE POINT OF BEGINNING; � � Thence continuing along said section line S 90°00'00" E, 381.94 feet to the point of cusp with a curve concave to the northeast,having a central angle of 04°1T21" and a radius of 1370.00 feet, from which point a radial line bears N 00°00'00" E;Thence leaving said section line and along said curve in a northwesterly direction 102.56 feet; Thence N 85°42'39"W,280.26 feet to the west line of said tract;Thence along said west line,S 00°00'00"W, 24.80 feet to the point of beginning, containing 0.09 acres more or less. (4,132.34 square feet) TRACT 8. DAVID L. KAELIN AND ANGELA K.KAELIN PERMANENT SLOPE EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTION 26,TOWNSHII'31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND COUN'I1'OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 26, S 90°00'00" E, 1355.10 feet to the southwest corner of Surrunit Estates Second Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page 97A,said point being the TRUE � POINT OF BEGINNING; Thence leavuig said south line and along the west line of said subdivision,N 00°52'00"W,75.00 feet;Thence leaving said west line, S 81°05'S3" E, 32.23 feet; Thence S 72°44'OS" E, 134.52 feet to a point on the east line of lot 4 of said subdivision;Thence along said east line,S 41°14'46" W,40.00 feet to the south line of said section 26;Thence along said south line,N 90°00'00"W, 132.80 feet to the point of bea nning,containing 0.19 acres more or less. (8297.23 square feet) TRACT 9. REGINALD D.GIPSON AND NANCY E. GIPSON PERMANENT DRAINAGE EASEMENT A PART OF THE SOUTHV�IEST QUARTER OF SECTION 26,TOWNSHIP 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 26,S 90°00'00" E, 1606.81 feet to the TRUE POINT OF BEGINNING; Thence leaving said south line,N 00°00'00" E, 15.00 feet;Thence S 90°00'00" E, � 15.00 feet;Thence S 00°00'00"W, 15.00 feet to a point on said south line;Thence along said south line,N 90°00'00"W, 15.00 feet to the point of beginning, containing 0.005 acres more or less. (225.00 square feet) � TRACT 10. REGINALD D.GIPSON AND NANCY E. GIPSON TEMPORARY CONSTRUCTION EASEMENT � A PART OF THE SOUTHWEST QUARTER OF SECT'ION 26,TOWNSHIP 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 26, S 90°00'00" E, 1487.90 feet to the southwest corner of lot no. 3 of Summit Estates Second Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page 97A,said point being the TRUE POINT OF BEGINNING; Thence leaving said south line and along the west line of said lot,N 41°14'46" E, 40.00 feet;Thence leaving said west line, S 89°57'19" E, 96.54 feet;Thence S 86°37'19" E, 172.67 feet to a point on the east line of said lot no. 3; Thence along said east line,S 07°34'05" W,20.00 feet to the south line of said section 26;Thence along said section line N 90°00'00" W,292.65 feet to the point of beginning, containing 0.17 acres more or less. (7,564.60 square feet) � TRACT 11. EDWARD R THOMPSON AND MARSHA THOMPSON TEMPORARY CONSTRUCTION EASEMENT A PART OF THE SOUTHWEST QUARTER OF SECTTON 26,TOWNSHII'31 NORTH,RANGE 13 EAST OF THE FIF'I�i PRINCII'AL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICLJLARLY DESCRIBED AS FOLLOWS: Commencing at an iron railroad spike at the southwest corner of section 26, said point being the centerline intersection of Hopper and Kage Roads,Thence along the south line of said section 26,S 90°00'00" E, 1780.55 feet to the southwest corner of lot no. 2 of Summit Estates Second Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 16 at page 97A,said point being the TRUE POINT OF BEGINNING; Thence leaving said south line and along the west line of said lot,N 07°34'05" E, 20.00 feet;Thence leaving said west line, S 85°05'42" E, 231.87 feet to the southwest corner of said lot no. 2, said point being on the south line of said section 26;Thence along said south line,N 90°00'00"W,233.65 feet to the point of beginning, containing 0.05 acres more or less. (2,316.17 square feet) � � TRACT 12. KENNETH W.RETTER AND KAREN J. RETTER PERMANENT DRAINAGE EAS�MENT " A PART OF THE NOR'THWEST QUARTER OF SECTION 35,TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northeast corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 973 at page 751,Thence along the north line of said tract N 90°00'00"W,9.68 feet to the TRUE POINT OF BEGINNING; 'I"hence continuing along said north line,N 90°00'00"W,60.82 feet;Thence leaving said north line, S 04°17'21"W,53.60 feet;Thence S 85°59'27" E, 61.81 feet;Thence N 03°08'07" E, 57.86 feet to the point of beginning, contauvng 0.08 acres more or less. (3,413.11 square feet) TRACT 13. � KENNETH W.AND KAREN J. RETTER TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begiiuiing at the northeast corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 973 at page 751,'I'hence along the north line of said tract N 90°00'00"W,38437 feet to the northwest corner of said tract;Thence along the west line of said tract,S 00° 10'O6" E, 20.00 feet;Thence leaving said west line,N 85° 44'03" E,234.04 feet; Thence S 56° 21' 11" E,91.79 feet;Thence S 85° 59'27" E, 61.81 feet;Thence N 85° 11'49" E,49.79 feet to a point on the east line of said tract;Thence along said east line,N 34° 27'00" W, 65.00 feet to the point of beginning,containing 0.23 acres more or less. (9,984.26 square feet) � TRACT 14. � BERNICE HUNZE PERMANENT DRAINAGE EASEMENT A PART OF THE NORTT�WEST QUARTER OF SECTION 35,TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin at the southwest corner of lot no. 1 of Iris's First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 15; Thence along the west line of said lot,N 00°48'04"W, 222.18 feet;Thence leaving said west line,N 48°55'32"W, 19.97 feet;Thence N 33°09'S0"W, 198.55 feet; Thence N 38°44'S5"W, 184.37 feet;Thence N 15°45'27" E, 31.53 to the TRUE POINT OF BEGINNING; Thence S 78°40'O1"W, 84.11 feet to the beginning of a non-tangent curve concave to the southwest,having a central angle of O1°10'49" and a radius of 930.00 feet, from which point a radial line bears S 40°47'37" W; '1'hence along said curve in a northwesterly direction 19.16 feet;Thence N 78°40'O1" E, 96.02 feet;Thence S 11°19'S9" E, 15.00 feet to the point of beginning,containing 0.03 acres more or less. (1,350.31 square feet) TRACT 15. ��;....:� BERNICE HUNZE PERMANENT DRAINAGE EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHII'31 NORTH,RANGE 13 EAST OF TI�FIFTH PRINCIl'AL MERIDIAN,CITY AND COUN'I"Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin at the southwest corner of lot no. 1 of Iris's First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 15;Thence along the west line of said lot,N 00°48'04"W, 69.41 feet;Thence leaving said west line,N 46°47'46"W, 139.77 feet;Thence N 40°20'S0" W,202.65 feet;Thence N 35°28'OS" W, 143.19 feet; Thence N 62°10'46"W, 155.21 feet to the TRUE POINT OF BEGIlVNING; Thence N 82°35'12" E, 91.95 feet to the beginning of a non-tangent curve concave to the southwest,having a central angle of O1°21'15" and a radius of 870.00 feet, from which point a radial line bears S 40°06'22"W; Thence along said curve in a northwesterly direction 20.56 feet;Thence S 82°35'12"W,77.88 feet;Thence S 07°24'48" E, 15.00 feet to the point of beginning,containing 0.03 acres more or less. (1,274.58 square feet) � � TRACT 16. BERNICE HUNZE PERMANENT DRAINAGE EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHII'31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTICUL.ARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin at the southwest corner of lot no. 1 of Iris's First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 15;Thence along the south line of said lot,N 89°43'S0" E, 251.80 feet;Thence leaving said south line S 12°10'18"W, 19.86 feet to the beginning of a non-tangent curve concave to the northeast having a central angle of O1°54'02" and a radius of 602.96 feet,from which point a radial line bears N 13°07'19" E, said point being the TRUE POINT OF BEGINNING; Thence along said curve in a southeasterly direction,20.00 feet; Thence S 12°10'18" W,50.08 feet,Thence N 77°49'42"W,20.00 feet;Thence N 12°10'18" E, 50.08 feet to the point of beginning,containing 0.02 acres more or less. (1,000.55 square feet) TRACT 17. � BERNICE HUNZE TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NOR'I'�iWEST QUARTER OF SECTION 35,TOWNSHIl' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begirining at a stone at the northeast corner of lot no. 87 of Clarkton Place Subdivision Phase 5 as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 81,said point being on the north line of section 35; Thence along said north line S 90°00'00" E,41.21 feet to a 1/2" iron pin at the southwest corner of lot no. 1 of Summit Estates Second Subdivision as recorded in plat book no. 16 at page 97A;Thence along the south line of said lot,N 89°58'19" E, 35.00 feet;Thence leaving said south line,S 68°52'41" E, 158.75 feet;Thence S 65°20'31" E, 329.59 feet; Thence S 11°19'S9" E, 15.00 feet;Thence S 15°45'27"W, 31.53 feet;Thence S 38°44'S5" E, 184.37 feet;Thence S 33°09'S0" E, 198.55 feet; Thence S 48°55'32" E, 19.97 feet to a point on the west line of lot 1 of Iris's First Subdivision as recorded in plat book no. 18 at page 15;Thence along said west line, S 00°48'04" E, 33.89 feet to the beginning of a non-tangent curve concave to the northeast,having a central angle of 07°08'38" and a radius of 542.96 feet, from which point a radial line bears N 45°28'42" E;Thence along said curve in a northwester�y direction 67.70 feet;Thence N 37°22'39"W,226.79 feet to the � beginniiig of a curve concave to the southwest,having a central angle of 42°20'S9" and a radius of 930.00 feet;Thence along said curve in a northwesterly direction 687.40 feet to a point on the east line of said lot 87; Thence along said west line N � 09°43'24"W, 15.13 feet to the point of begiruiing,containing 0.75 acres more or less. (32,867 square feet) TRACT 18. . BERNICE HUNZE TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a stone at the northeast corner of lot no. 87 of Clarkton Place Subdivision Phase 5 as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 81;Thence along the east line of said tract, S 09°43'24" E, 79.27 feet to the beginning of a non-tangent curve conca�e to the southwest, having a central angle of 40°54'18" and a radius of 870.00 feet, from which point a radial line bears S 11°43'02°W,said point being the TRIJE POINT OF BEGINNING; Thence leaving said east line and along said curve in a southeasterly direction 621.12 feet;Thence S 37°22'39" E, 226.79 feet to the beginning of a curve concave to the northeast,having a central angle of 12°49'17" and a radius of 602.96 feet;Thence � along said curve in a southeasterly direction 134.93 feet to a point on the west line of lot 1 of Iris's First Subdivision as recorded in plat book no. 18 at page 15;Thence along said west line, S 00°48'04" E, 36.35 feet;Thence leaving said west line N 46°47'46"W, 139.77 feet; Thence N 40°20'S0"W,202.65 feet;Thence N 35°28'OS" W, 143.19 feet;Thence N 62°10'46" W, 155.21 feet;Thence N 07°24'48"W, 15.00 feet; Thence N 37°24'S1" W 71.44 feet;Thence N 75°05'47"W,94.31 feet;Thence N 54°55'11"W, 145.41 feet;Thence S 87°20'18"W,33.66 feet to a point on the east line of said lot 87;Thence along said east line,N 09°43'24" W,20.73 feet to the point of begirming,containing 0.83 acres more or less. (35,973.07 square feet) TRACT 19. BERNICE HUNZE TEMPORARY CONSTRUCTION EASEMENT A PART OF THE NORTHWEST QUARTER OF SECITON 35,TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin at the southwest corner of lot no. 1 of Iris's First Subdivision as recorded in the land records of the County Recorder s O�ce in plat � � book no. 18 at page 15;Thence along the south line of said lot,N 89°43'50" E, 79.45 feet to the TRIJE POIlVT OF BEGINNING; Thence continuing N 89°43'S0" E, 103.07 feet to the beginning of a non-tangent curve concave to the northeast having a central angle of 15°56'S5" and a radius of 602.96 feet,from which point a radial line bears N 19°34'15" E; Thence leaving said south line and along said curve in a southeasterly direction, 167.84�'eet;Thence S 86°22'39" E, 123.46 feet to the beginning of a curve concave to the southwest having a central angle of 91°43'S4" and a radius of 20.00 feet;Thence along said curve in a southeasterly and southwesterly direction, 32.02 feet to a point on the westerly right of way of Mount Auburn Road;Thence leaving said west right of way, S 89°42'27"W,219.27 feet;Thence N 75°30'21"W, 169.44 feet;Thence N 49°53'OS" W,33.34 feet to the point of beginning,containing 0.29 acres more or less. (12,449.66 square feet) TRACT 20. BERNICE HUNZE GENERAL WA►��]EtANTY DEED A PART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHIl' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIlZARDEAU,STATE OF MISSOURI,BEING � MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a stone at the northeast corner of lot no. 87 of Clarkton Place Subdivision Phase 5 as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 81;Thence along the east line of said tract S 09°43'24" E, 15.13 feet to the TRUE POINT OF BEGINNING; Thence continuing along said east line,S 09°43'24" E, 64.14 feet to the beginning of a non-tangent curve concave to the southwest,having a central angle of 40°54'18" and a radius of 870.00 feet,from which point a radial line bears S 11°43'02"W; Thence leaving said east line and along said curve in a southeasterly direction 621.12 feet;Thence S 37°22'39" E, 226.79 feet to the beginning of a curve concave to the northeast,having a central angle of 12°49'17" and a radius of 602.96 feet;Thence along said curve in a southeasterly direction 134.93 feet to a point on the west line of lot 1 of Iris's First Subdivision as recorded in plat book no. 18 at page 15;Thence along said west line,N 00°48'04"W, 82.53 feet to the beginning of a non-tangent curve concave to the northeast,having a central angle of 07°08'38" and a radius of 542.96 feet,from which point a radial line bears N 45°28'42" E; Thence along said curve in a northwesterly direction 67.70 feet;Thence N 37°22'39"W,226.79 feet to the beginning of a curve concave to the southwest, having a central angle of 42°20'S9" and a radius of 930.00 feet;'1"hence along said curve in a northwesterly direcrion 687.40 feet to the point of beginning,containing 1.35 acres more or less. (58,969.33 square feet) � TRACT 21. BERNICE HUNZE � GENERAL WA,F�tANTY DEED A PART OF T�-�NORTHWEST QUARTER OF SECTION 35,TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERtDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a 1/2" iron pin at the southwest corner of lot no. 1 of Iris's First Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 15; Thence along the south line of said lot,N 89°43'S0" E, 182.52 feet to the TRUE POINT OF BEGINNING; Thence continuing along said south line N 89°43'S0" E, 311.81 feet to a chiseled cross in concrete being the southeast corner of said lot no. 1, said point being on the westerly right of way of Mount Auburn Road;Thence leaving said south line and along said right of way line,S OS°21'15"W,65.01 feet to the point of cusp with a curve concave to the southwest having a central angle of 91°43'S4" and a radius of 20.00 feet,from which point a radial line bears N 84°38'45"W,Thence leaving said right of way line and along said curve in a northeasterly and northwesterly direction 32.02 feet;Thence N 86°22'39"W, 123.46 feet to the begiruiing of a curve concave to the northeast having a central angle of 15°56'S5" and a radius of 602.96 feet; Thence along said curve in a northwesterly direction 167.84 feet to the point of begiruiing, containirig 0.21 acres more or less. (9,302.60 square feet) � TRACT 22. JAMES AND KAREN HENDRICKSON TEMPORARY CONSTRUCTION EASEMENT A PART OF'Tf�NORTHWEST QUARTER OF SECTION 35,TOWNSHII' 31 NORTH,RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CITY AND COUNTY OF CAPE GIIZARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a stone at the northeast corner of lot no. 87 of Clarkton Place Subdivision Phase 5 as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 81;Thence along the east line of said tract, S 09°43'24" E, 79.27 feet to the beginning of a non-tangent curve concave to the southwest, having a central angle of OS°42'17" and a radius of 870.00 feet, from which point a radial line bears S 11°43'02"W,said point being the TRUE POINT OF BEGINNING; Thence leaving said east line and along said curve in a northwesterly direction 86.62 feet to a point on the west line of said lot;Thence along said west line, S 17°37'35" W, 12.02 feet;Thence leaving said west line,S 76°27'43" E, 95.34 feet to a point on the east line of said lot;Thence along said east line,N 09°43'24"W,20.73 feet to the point of beginning,containing 0.03 acres more or less. (1,484.66 square feet) � � TRACT 23. JAMES AND KAREN HENDRICKSON GENERAL WA►�t]EtANTY DEED A PART OF THE NORTHWEST QUARTER OF SECTION 35,TOWNSHII' 31 NORTH,RANGE 13 EAST OF'TH�FIFTH PRINCIPAL MER�IDIAN,CITY AND COLJNTY OF CAPE GIRARDEAU,STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at a stone at the northeast corner of lot no. 87 of Clarkton Place Subdivision Phase 5 as recorded in the land records of the County Recorder's Office in plat book no. 18 at page 81, said point being on the north line of section 35; Thence along the east line of said lot,S 09°43'24" E, 79.27 feet to the beginning of a non-tangent curve concave to the southwest,having a central angle of 05°42'17" and a radius of 870.00 feet, from which point a radial line bears S 11°43'02"W;Thence leaving said east line and along said curve in a northwesterly direction 86.62 feet to a point on the west line of said lot;Thence along said west line,N 17°37'35" E, 67.98 feet to the northwest corner of said lot, said point being on the north line of section 35;Thence along said north line,S 90°00'00" E, 51.58 feet to the point of beginning, containing 0.11 acres more or less. (4,861.45 square feet) AR'1'ICLE 3. The Council of the City of Cape Girardeau,Missouri,hereby finds and declares that the acquisition of the above described properties is for a public use and � that such acquisition is within the scope of the authority or power of the City of Cape Girardeau,Missouri,and that the acquisrtion of the properties is reasonable and necessary for public use in order to provide for the improvement or construction of a public road. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 1999. A,M. Spradling, III AT1'EST: Gayle L.Conrad City Clerk � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager � Council Letter No. 246 Agenda July 19, 1999 The Honorable Mayar -• and Members of the City Council City of Cape Girazdeau, Missouri Dear Mayor and Council Members: Subject: Acceptance of Sanitary Sewer Improvements in Hillcrest Place Subdivision and Ordinance Accepting a Permanent Sewer Easement This is to advise that the sanitary sewer main constructed to serve Hillcrest Place Subdivision, Sewer District 10,has been completed generally in accordance with approved plans. Improvement plans for this construction project were approved by Council at its October 19, 1998, session. First reading considera.tion is requested on an easement conveying to the City the right, privilege,permission and authority to enter on and upon said land for the purpose of enabling the City of Cape Girardeau to excavate,build,maintain,construct, operate and repair said sanitary � sewer line. � It is recommended that the sanitary sewer improvements, as shown on the plans approved for the above subdivision be accepted into the City's systems by Council motion. Respectfully submitted, � j � �� -,f� � Mark A. Le er,P.E. City En ' eer Miehael G. Miller City Manager MAL/MGM/dc � HILL(�� J v,(_(,,�, �SE I�/�ER EX7�lSl�n/ � 3 PRo�E�r ARE'A Cout�rR � . �,� �� . R4 � ,� o�' � � �� � � � BILL NO. 99-1h� ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT SEWER EASEMENT FROM J. B. PROPERTIES, INC. , FOR SANITARY SEWER IMPROVEMENTS IN HILLCREST PLACE SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts a Permanent Sewer Easement, executed by J. B. Properties, Inc. , by Ronn Unterreiner, President, conveying to the City of Cape Girardeau, Missouri, a Permanent Sewer Easement for sanitary sewer improvements to serve Hillcrest Place Subdivision, Sewer District 10, described as follows, to-wit: THAT PART OF LOTS NO. 1, 2, AND 3 OF HILLCREST PLACE SUBDIVISION, A SUBDIVISION ON FILE IN THE LAND RECORDS OF CAPE GIRARDEAU ' COUNTY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the Southeast corner of said Lot No. 1; thence with the east line of said Lot No. 1, North 20°47 '07" East, 77.94 feet; thence along the arc of a curve to the left, having a radius of � 782.17 feet, a distance of 62.32 feet (the chord of said arc bears North 18°30'10" East, 62.30 feet) , to the point of beginning; thence leaving said east line, North 46°32 '05" West, 373.20 feet; thence North 13°39'07" East, 17.29 feet, to a point on the North line of said Lot No. 3; thence with the north line of said Lot No. 3, and said Lot No. 2, and said Lot No. 2 extended, South 46°32'OS" East, 373.8� feet, to the east line of said Lot No. 1; thence with said east line, along the arc of a non-tangent curve concave to the west, having a radius of 782. 17 feet, a distance of 16.97 feet (the chord of said arc bears South 15°35'55" West, 16.97 feet) , to the point of beginning and containing 5,604 square feet (0.13 acres) ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 19 A. M. Spradling, III , Mayor ATTEST: Gayle L. Conrad � City Clerk � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Letter No. 247 Agenda July 19, 1999 The Honorable Mayor �' and Members of the City Council City of Cape Girardeau,Missouri Dear Mayor and Council Members: Subject: Ordinance Amending Schedule C of Section 26-121 of the City Code,by Placing Stop Signs on Lexington Avenue and Randol Drive,in the City of Cape Girardeau,Missouri With the completion of Mekose Place III and Mekose Place N Subdivisions,it will be necessary to provide for traffic control at the intersection of Lexington Avenue and Randol Street. It is requested that first reading consideration be given to an Ordinance amending Schedule C of Section 26-121 ofthe City Code by placing stop signs at the following location: On Randol Street,at Lexington Avenue,Southeast corner facing South. � Respect y submitted, / �(d7�'� - "' ��' � k A.Lester,P.E. ' i er Michael G. ' ler City Manager MAL/MGM/dc � _� _ �_ _ � _ �_ _ � - � _ _ � S�l�y^ . ��g N���'�! �N�X�1 �X � � i ,98.5,• 7 5 � sroP / / j� i / ; ;; , �; � � ; � � r�a �'� �� _ , , � � ,�o./ � %,;/ � �� � / - ,, ;a� � y�o ,, �� � ! �% / , 74 i � z,9.00• i = � � i � � i � 73 , , � PT� 14+59.44 � � � 1 � - ...y�+�'�db�O�y� 1�wb,� ,� - . I ' � � . . . . I u� � -� < � � � �" _ 72 "� � Z+� I �r � UFy W y q I � v1 K d'p,% W ca� H Z O W ~Q J Z W ¢� � �Q 71 � " y �'3 ��N ` W�F � � � =�i �, sa? 0 � � Z "� 1 �� Q a� M fY Z +� � lJ.. O:'v� N� U�-¢ Z �y� WC�V � � � ' 7O � Z�� � � " � '"Z W ,' M/�!;OS a`d0�1 �13d8 -I�W`d� �� p t+oo `.� . . � N � � a Z cn W J � (�/IQQ U �9 I Wa� ' a� Q�� ^ ,,.�.,z ��.`' — � BILL NO. 99-164 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON RANDOL STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by placing a stop sign in the City of Cape Girardeau, Missouri, at the following location: On Randol Street, at Lexington Avenue, Southeast corner facing South. ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 19 � A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk � � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Letter No. 248 Agenda July 19, 1999 The Honorable Mayor - and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance of Necessity Authori�ing the Construction of the paving of Walnut Street from Kingshighway to Commercial Street As directed by the City Council at its July 6, 1999, session, the City is proceeding with the prepazation of plans and specifications for the paving of Walnut Street from Kingshighway to Commercial Street with 6"P.C.C.pavement,24 feet wide, and without curbs. The next step in the process is for the City Council to adopt an ordinance declaring it � necessary to made the proposed improvement. Upon passage of this ordinance, the Engineering Division will complete the design of the street improvement and prepare bidding documents. This will be a tax assessment project,with the property awners paying the entire cost of the improvement. It is recommended that the City Council give first reading consideration to the Ordinance of Necessity,declaring it n�essary to make the improvement and establishing August 16, 1999 as the date for a public hearing. Respectfully submitted, r � , /��- � Mar A. Lester,P.E. C' Engineer Michael G. i er City Manager MAL/MGM/dc � � �� O n � �o � � � r v -� � 0 x �,O �`��F' � � ��O , � � Wq��. ST >- � z � � � z - � J Q � � 0 c� LO�UST ST. TOPqRK pR. � BILL NO. A�-� 6S ORDINANCE NO. AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF WALNUT STREET FROM KINGSHIGHWAY TO COMMERCIAL STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI ' BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . That the Council of the City of Cape Girardeau, Missouri, hereby declares it necessary to improve Walnut Street from Kingshighway to Commercial Street, in the City of Cape Girardeau, Missouri, by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement, six (6) inches thick and twenty- four (24) feet in width, and other necessary appurtenances, which shall be constructed as shown on the plans and specifications for said improvement which have been filed with the City Clerk. It is the intention of the City Council to have this project done by contract and to tax bill the costs against the abutting properties. � ARTICLE 2. That this ordinance be published for seven consecutive insertions in the Southeast Missourian, a daily newspaper, printed and published in the City of Cape Girardeau, Missouri, and if a majority of the resident owners of the lands that would be liable for the costs of the improvements, at the date of the passage of this ordinance, who shall own a majority of the front feet owned by the residents of the City, abutting on the part of said Walnut Street proposed to be improved, shall not within ten days after the last publication of the ordinance, file with the City Clerk their protest against such improvements, then the City Council shall have the power to cause the improvements to be made and assess the costs against the property abutting on the improvements as provided by law. ARTIC LE 3. A public hearing will be held before the City Council at 7 : 30 P.M. on Monday, August 16 , 1999 , at City Hall, 401 Independence, Cape Girardeau, Missouri , at which citizens and all interested parties may be heard on the question of the necessity of the work sought to be done. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. � PASSED AND APPROVED THIS DAY OF , 19 � A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk � � CITY OF CAPE GIRARDEP,U � Office of the City Manaqer Council Letter No. 249 Agenda July 19, 1999 The Honorable Mayor -• and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Ordinance Appropriating Funds for Public Works for the Fiscal Year Ending June 30, 2000. The attached appropriation ordinance would appropriate an additional $291, 600 for the Solid Waste Fund for the fiscal year ending June 30, 2000. This appropriation combined with $55, 000 included in the adopted 99-00 budget to replace a front end loader required by our current transfer station operations will provide the funds to modify and equip the transfer station to convert from a compactor to a walking floor system. � The cost of converting from a compactor to a walking floor system at the transfer station is estimated to cost $346, 500. The conversion will eliminate an estimated $420, 000 in capital expenditures over the next five years and reduce maintenance costs by approximately $20, 000 per year. Please see Council Memo #35 included in this council packet for a more complete discussion of the t�ansfer station conversion. The additional appropriation will result in the Solid Waste Fund Balance being reduced by $244, 100 and result in an estimated fund balance of 12. 87� of operating expenses at the end of fiscal year ending June 2000. The remainder of the appropriation would be covered by revenue from disposal of equipment no longer needed at the transfer station after conversion. Staff recommends the app�oval of the attached ordinance. Respectfully submitted, � � John . Richbourg� Fin ce Director ..�� �' Michael . ��iller City Manager MGM: gc � BILL NO. 99-� 67 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR PUBLIC WORKS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from revenues in excess of those estimated in the Budget for expenditure during the fiscal year ending June 30, 2000, for the operation of the department specified, in the following amount: Public Works - Two Hundred Ninety-One Thousand Six Hundred Dollars ($291, 600. 00) for modifying and equipping transfer station conversion to walking floor system. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 19 . � A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk � � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Letter Na 250 Agenda July 19, 1999 The Honorable Mayor And Members of the City Council Caty of Cape Girardeau,Mlssouri Dear May+or and Council Members: SUBJECT: An Ordinance Authorizing the Mayor to Execute General Warranty Deeds to D&D Cape Investments, L.P. and Earl H. Norman,Trustee,Pursuant to Agreements for the Exchange of Real Property for the Mt Auburn Road Extension Project This Ordinance authorizes the Mayor to sign Deeds transferring property from the City to two adjacent properry owners along the extension of Mt.Auburn Road between Bloomfield Road and State Route 74- Earl H.Norman and D&D Cape Investments,L.P. The transfer of these properties is in accordance with the Agreements that were previously � approved by the Council. The two property owners involved in these Agreements are also transferring property to the City wluch the City needs to construct this section of Mt. Auburn Road. It is recommended that the Council give first reading consideration of the attached ordinance authorizing the Mayor to sign these Deeds. Res fully Submitted, , � Kent M.Bratton C.i er ♦ . er . Manager � �. � r�``y� � �� � .' t. � � ------••---..... �.: -_.... � .�,�.,,.._._ . ! - . � � BILL NO. 99-168 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE GENERAL WARRANTY DEEDS TO D & D CAPE INVESTMENTS, L.P. AND EARL H. NORMAN, TRUSTEE, PURSUANT TO AGREEMENTS FOR THE EXCHANG� OF REAL PROPERTY FOR THE MT. AUBURN ROAD EXTENSION PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Warranty Deed to D & D Cape Investments, L.P. , for property transfer for the extension of Mt. Auburn Road between Bloomfield Road and State Route 74 , more particularly described as follows, to-wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 174 , TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, �""'� BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: � 1 BEGINNING at the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 885 at page no. 845; Thence along the south line of said tract, S 82° 41 ' 58" E, 199 . 28 feet to the beginning of a non-tangent curve concave to the southwest having a central angle of 12° 40 ' 57" and a radius of 310. 00 feet from which point a radial line bears, S 44° 13 ' 32" W; Thence along said curve in a northwesterly direction, 68.62 feet; Thence N 58° 27 ' 25" W, 61. 11 feet; Thence S 61° 59 ' 12" W, 103 . 68 feet to the POINT OF BEGINNING, containing 0. 14 acres more or less. (6, 289 . 50 square feet) pursuant to an Agreement for the Exchange of Real Property with D & D Cape Investments, L.P. , which the City Manager is authorized to execute for and on behalf of the City of Cape Girardeau, Missouri. A copy of said Agreement is attached hereto as Exhibit "A" and made a part hereof. ARTICLE 2. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General � Warranty Deed to D & D Cape Investments, L.P. , for property transfer for the extension of Mt. Auburn Road between Bloomfield � Road and State Route 74 , more particularly described as follows, to-wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 174 , TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at the northeast corner of a tract of land as recorded in the land records of the County Recorder' s Office in book no. 885 at page no. 845; Thence along the east line of said tract, S 06° 00 ' 36" W, 46. 19 feet to the TRUE POINT OF BEGINNING; Thence continuing S 06° 00 ' 36" W, 76 . 24 feet to the beginning of a non-tangent curve concave to the southwest having a central angle of 08° 37 ' 06" and a radius of 390. 00 feet from which point a radial line bears, S 44° 03 ' 20" W; Thence along said curve in a northwesterly direction, 58. 66 feet; Thence N 54° 08 ' 12" E, 65 .45 feet to the POINT OF BEGINNING, containing 0 . 04 acres more or less. (1, 814 . 80 square feet) pursuant to an Agreement for the Exchange of Real Property with D & D Cape Investments, L.P. , attached hereto as Exhibit "A" and made � a part hereof. ARTICLE 3. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Warranty Deed to Earl H. Norman, Trustee of the Earl H. Norman Revocable Living Trust Agreement Dated December 4 , 1987 , for property transfer for the extension of Mt. Auburn Road between Bloomfield Road and State Route 74 , more particularly described as follows, to-wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 174 , TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the southwest corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 885 at page no. 845; Thence along the west line of said tract, N 14° 58 ' S4" E, 93 . 85 feet to the beginning of a non-tangent curve concave to the northeast having a central angle of 03° 06 ' 12" and a radius of 390. 00 feet from which point a radial line bears, N 34° 38 ' 47" E; Thence along said curve in a southeasterly direction, 21. 12 feet; Thence S 58° 27 ' 25" E, 58. 17 feet; Thence S 61° 59 ' 12" W, 103 . 68 feet to the � POINT OF BEGINNING, containing 0 . 08 acres more or less. (3 , 539. 92 square feet) 2 � pursuant to an Agreement for the Exchange of Real Property with Earl H. Norman, Trustee of the Earl H. Norman Revocable Living Trust Agreement Dated December 4 , 1987 , and Ruth Ann Norman and Earl H. Norman, Trustees of the Ruth Ann Norman Revocable Living Trust Agreement dated December 4 , 1987 , which the City Manager is authorized to execute for and on behalf of the City of Cape Girardeau, Missouri. A copy of said Agreement is attached hereto as Exhibit "B" and made a part hereof. ARTICLE 4. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a General Warranty Deed to Earl H. Norman, Trustee of the Earl H. Norman Revocable Living Trust Agreement Dated December 4 , 1987, for property transfer for the extension of Mt. Auburn Road between Bloomfield Road and State Route 74 , more particularly described as follows, to-wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 174 , TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGYNNING at the northeast corner of a tract of land as � recorded in the land records of the County Recorder' s Office in book no. 885 at page no. 845; Thence along the north line of said tract, N 82° 26 ' 35" W, 218 . 30 feet to the northwest corner of said tract; Thence along the west line of said tract, S 14° 58 ' S4" W, 9 . 47 feet to the beginning of a non-tangent curve concave to the northeast having a central angle of 08° 29 ' 08" and a radius of 310. 00 feet from which point a radial line bears, N 40° Ol ' 43" E; Thence leaving the afore said west line and along said curve in a southeasterly direction, 45. 91 feet; Thence S 58° 27 ' 25" E, 119 . 28 feet to the beginning of a curve concave to the southwest having a central angle of 03° 53 ' 39" and a radius of 390.00 feet; Thence along said curve in a southeasterly direction, 26. 51 feet; Thence N 54° 08 ' 12" E, 65. 45 feet to a point on the east line of the afore said tract of land; Thence along said east line, N 06° 00 ' 36" E, 46 . 19 feet to the POINT OF BEGINNING, containing 0. 28 acres more or less. (12 , 134 . 77 square feet) pursuant to an Agreement for the Exchange of Real Property with Earl H. Norman, Trustee of the Earl H. Norman Revocable Living Trust Agreement Dated December 4 , 1987 , and Ruth Ann Norman and Earl H. Norman, Trustees of the Ruth Ann Norman Revocable Living Trust Agreement dated December 4 , 1987, attached hereto as Exhibit "B" and made a part hereof. � 3 � ARTICLE 5. This ordinance will be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 19 . A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk � � 4 � Agreement for the Exchange of Real Property M�Auburn Road Extension-Bloomfield Road to lvrssouri Route 74 Cape Girardeau,Ivlissouri The undersigned,D&D CAI'E INVFSTMENTS, L.P.,hereinafter called the "Owners",in consideration of the mutual covenants and agreements herein set forth,agree to convey to the CITY OF CAPE GIRARDEAU,MISSOURI,hereinafter called the "Cit�',attd the City agrees to accept certain tracts by General Warranty Deed as set forth in this Agreement along with all rights,hereditaments,easements, and appurtenances thereunto located in the City of Cape Girardeau,Cape Girardeau County,NI'issouri,more particularly described in Exhibit A attached hereto and made a part hereto, subject to easements for public utilities of any nature,as may exist at the time of execution of this agreement. It is further agreed that the City,in consideration of the mutual covenants and agreements herein set forth,agrees to convey to the Owners,and the Owners agree to accept,certain tracts by General Warranty Deed as set forth in this Agreement along with all rig�ts,hereditaments,easements and appurtenances thereunto located in the City of Cape Girardeau,Cape Girardeau County,Missouri,more particularly described in Exhibit B attached hereto and made a part hereto, subject to all matters of public record and easements for public utilities of any nature,as may exist at the time of execution of this agreement. � The terms and conditions of this agreement are as follows: 1. The City agrees to the redesign of the M�Auburn Road Extension as such redesign prescribes the extension through the Cape Girardeau Congregation of Jehovah's V�itnesses property as generally shown on Exhibit C. 2. The Ocvxiers shall donate an eighty-foot(80-foot)-wide right-of-way in fee simple and any required temporary construction and/or slope easements on any tracts that they own that are needed for the redesigned roadway at no cost to the City, as described in Exhibit A as Tracts 17 aad 12,in exchange for the City deeding to the Owners Tracts "F" and"G",which may remain outside the road temporary construction and easement limits,as described in Exhibit B. 3. The City agrees to construct a concrete street to full City standards with a mini�num widrh of forcy-eight (48) feet from back of curb to back of curb, within an eighty-foot(80-foot)-wide fee right-of-way. 4. The Owiiers agree to pay a sum of Forty Thousand and One Hundred and Twenty-seven Dollars ($40,12� for the constxuction of M�Auburn Road between Bloomfield Road and Missouri Route 74. At the time the road is accepted by the City Council,these costs will be billed to the Owners in the form of special tax bills,which may be payable over a period of up to ten years and subject to interest at the standard rate applied to all such tax bills by the City. 5. The City agrees that it is the intent of the City,although the City is not bound thereby,to sell the remnants from the properry previously owned by the Hesters � (Tracts 1 and 3 on Exhibit G�to the adjacent properry owners for an amount equal to or exceeding the amount of$213 per front foot along the new Mt. Auburn Road at some future time. a.����a n��-�.n�.o.�r�« EXHIBIT "A" 6. It is agreed that the City w71 pay all the expenses incident to the preparation and � recordation of any and all deeds and easements as required by this agreement. The Owners also agree to pay any and all expenses necessary to provide proper and clear title to all fee or easement interests to be provided to the City as designated herein,subject to all matters of public record. 7. The Owners agree to pay all property ta�ces for the full tax year��or the tax year covered by this agreement,and upon proof of payment,the City agrees to reimburse the Oaniers for the pro-rata portion of taxes on the right-of-way that is deeded to the City in fee title from the date of possession of such real property by the City. Said request for reimbursement must be made on or before June 30, 2000. 8. The Owriers represent that no elected City official or City employee shall be admitted to or share any part of this agreement,or to any benefits that may arise therefrom 9. The terms and conditions aforesaid are to apply to and bind the heirs,executors, administrators,successors,and assigns of the Owners. 10. All terms and conditions with respect to this agreement are expressly contained herein and the Owners agree that no representative or agent of the City has made any representation or promise with respect to this agreement not expressly contained herein. 11. All individuals signing this agreement state that they have full authority to sign this agreement for the e�cpress purposes stated herein. 12. Failure of the Owners to meet the terms and conditions listed above by the specified dates shall void this agreement unless a time e.xtension or extensions � thereto,is approved in advance and in writing by the signatory parties as attested as follows. 13. Notwithstanding anything herein to the contrary,the parties acknowledge and agree that the operation and effectiveness of this agreement is strictly conditioned upon completion of all of the following to the satisfaction of the Owners within thirty(30) days of acceptance of this agreement by the City: (a) Conveyance by General Warratity Deed from the Owners to the Earl H. Norn�an Revocable living Trust or the Ruth A,Norman Revocable Living Trust of the tracts of land and improvements thereon,subject to all matters of record,identified as Tracts A,B,D and I on the"Right of Way Exhibit& Associated Land Trades Mount Auburn Road Extension" by Bowen Engineering and Surveying dated February 23, 1999. (b) Conveyance by General Wairanty Deed from the Earl H.Nonnan Revocable Living Trust or the Ruth A.Norrtian Revocable Living Trust to the Owners of the tract of land and improvements thereon,subject to all matters of record,identified as Tract C on the"Right of Way Exhibit& Associated Land Trades Mount Auburn Road Extension" by Bowen Engineering and Surveying dated February 23, 1999. (c) A final agreement between the Owners and the Earl I�Nozmaii Revocable living Trust or the Ruth A.Nornian Revocable Living Trust regarding conveyances from the Earl H,Nottnan Revocable Living Trust or the Ruth A.Norn�an Revocable living Trust to Owners of the tract of land identified as Tract K, and from the Owners to the Earl H.Norman Revocable Living � Trust or the Ruth A.Norman Revocable living Trust of the tract of land nv�n,��n�a n�-�.n�.o-o.�.,�.a« owzv�v9 /� idenafied as Tracc J,on the"Rig�t of Way Exhibit&Associated Land Trades Mount Auburn Road Extension" by Bowen Engineering and Surveying dated Febtuazy 23, 1999. D&D CAPE INVES'I'MENTS,LP. BY: ORURY INDUSTRIES, �NC. I General Par er July 1 , 1999 Name Robert A. Orur Date ��e Pr.esident WITNESS: � ► L�Sk�''f' CTTY F CAPE GIRARDEAU,MISSOURI /" ; i � G. Date City Manager � ATTEST: �s J.'r'w Deputy City C�erk ANrTOTATION TO'I'��S AGREEMENT: Attached to this agreement is Exhibit C, which is a graphic,metes and bounds plat representation of the properties described in Exhibits A and B,attached hereto. It is hereby attested to by the signatories above that they fully recognize and acknowledge that Exhibit C is illustrative only and the legal descriptions as set forth in Exhibits A and B are explicit and shall be binding as described therein. � DVAc AubumVtevi�ed Apcm�#k.Aubum-Dfury.doc 06/29/99 EXHIBIT A � Tracts to be conveyed by D&D Cape Investments, L.P.to the City of Cape Girardeau: DESCRIPTION - 0.05 ACRE TR.ACT 17 RIGHT OF WAY TREICT A PART BOOK 422 - PAGE 698 D&D CAPE INVEST'MENTS, L.P. A PART OF UNITED STATES PRNATE SURVEY NO. 174,TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CI'I�i'E1ND OOUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the southeast corner of a tract of land as recorded in the land records of the County Recorder s Office in book no. 885 at page no. 845;Thence along the east line of said rxacc of land,N 06° 00' 36" E, 64.66 feet to the beginning of a non-tangent curve concave to the southwest having a central angle of 06° 38' S0" and a radius of 390.00 feet from which point a radial line bears S 44° 03' 20"W;Thence leaving said east line and along said curve in a southeasterly direction, 45.25 feet to a point on the northerly right of way line of Missouri �; j State Route 74 (relocated�;Thence along said right of way line,S 44° 40' 48"W,80.55 feet; �'""�'�'''� Thence leaving said right of way line,N 38° OS' 42" W, 1.95 feet to the beginning of a curve concave to the southwest having a central angle of 07° 40' 46" and a radius of 310.00 feet; Thence along said curve in a northwesterly direction,41.55 feet to a point on the south line of the afore said tract of land;Thence along said south line, S 82° 41' S8" E, 48.59 feet to the POINT OF BEGINNING,containing 0.05 acres more or less. (1,978.93 square feet) DESCRIPTION- 0.10 AC1tE TRACT 12 RIGHT OF WAY TRACT A PART OF BOOK 422 -PAGE 698 D&D CAPE INVESTMENTS, L.P. A PART OF UNITED STATES PRIVATE SURVEY NO. 174,TOWNSHIl'30 NORTH, RANGE 13 EAST OF'I'�-�FIFTH PRINCII'AL MERIDIAN,CTTY AND GOUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Beginning at the northeast corner of a uact of land as recorded in the land records of the County Recorder s Office in book no. 544 at page no. 302, said point being on the southerly right of way line of Cardinal Lane;Thence along the east line of said tract of land,S 16° 03' 58"W,61.71 feet to the beginning of a non-tangent curve concave to the northeast having a central angle of 09° 21' 03" and a radius of 390.00 feet from which point a radial line bears t } �,�.,»✓ nv��v��a n�-�•+�-�--�+•r.� ow��sv � N 43° 59' S0" E;Thence leaving said east line and along said curve in a southeasterly direction, 63.65 feet to a point on the west line of a tract of land as recorded in book no. 885 at page no. 845;Thence along said west line,N 14° 58' S4" E, 86.41 feet to the beginning of a non-tangent curve concave to the northeast having a central angle of 03° 03' 16" and a radius of 310.00 feet from which point a radial line bears N 40° O1' 43" E; Thence leaving said west line and along said curve in a northwesterly direction, 16.53 feet to a point on the southerly right of way line of Cardinal Lane;Thence along said right of way line,N 83° O1' 02"W,42.39 feet to the POINT OF BEGINNING,containing 0.10 acres more or less. (4,506.93 square feet) � � D:�Mc Aub�rn�Reviud Ayeanem•M�.Aub�w•Dnry.doc aini9v EXHIBIT B � Tracts to be conveyed by City of Cape Girardeau to D&D Cape Investments,L.P.: DESCRIPTION - 0.14 ACRE TRACT"F" �� CITY OF CAI'E GIRARDEAU to D&D INVESTMENTS, LP A PART OF BOOK 885 - PAGE 845 A PART OF UNITED STATES PRIVATE SURVEY NO. 174,TOWNSHII'30 NORTH, RANGE 13 EAST OF THE FIN"TH PRINCIPAL MERIDIAN,CTTY AND COUN'I"Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the southwest comer of a tract of land as recorded in the land records of the County Recorder s Office in book no. 885 at page no. 845;Thence along the south line of said rxac�,S 82° 41' S8" E, 199.28 feet to the beginning of a non-tangent curve concave to the southwest having a central angle of 12° 40' S7" and a radius of 310.00 feet from which point a radial line bears, S 44° 13' 32"W;Thence along said curve in a northwesterly direction, 68.62 feet;Thence N 58° 27' 25"W,61.11 feet;Thence S 61° 59' 12"W, 103.68 feet to the POINT OF BEGINNING,containing 0.14 acres more or less. (6,289.50 square feet) DESCRIPTION - 0.04 ACRE TRACT"G" � CITY OF Ct1PE GIRARDEAU to D&D INVESTMENTS, LP A PART OF BOOK 885 - PAGE 845 A PART OF UNTTED STATES PRIVATE SURVEY NO. 174,TOWNSHII'30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND OOUN'i'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: GOMI��NCING at the northeast corner of a tract of land as recorded in the land records of the County Recorder s Office in book no. 885 at page no. 845;Thence along the east line of said tract, S 06° 00' 36"W,46.19 feet to the TRUE POINT OF BEGINNING; Thence continuing S 06° 00' 36"W,76.24 feet to the beginning of a non-tangent curve concave to the southwest having a central angle of 08° 3T 06" and a radius of 390.00 feet from which point a radial line bears, S 44° 03' 20" W;Thence along said curve in a northwesterly direction, 58.66 feet;Thence N 54° 08' 12" E, 65.45 feet to the POINT OF BEGINNING, containing 0.04 acres more or less. 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F�� ��� i'� .,,�� °'+, .�� . '�� '''�� L� t�� � ��y �` �r� G��d~�? t'R 4 Z,` G.�S �F ��'�• �C�3 `?C �" `�t � F;y:�-.� ' �� �`< % ' •`�!' `�xr �y ` - ��. 1. '� Cfi ��' ;t � ° � � ` � K � -:"� f� '"'. I•:��� � G�� .� � � � .�� ••N 't ' 5, �' �' ''t ' !�: � t'.{'. � .1 `1 Y.� !• ,.. � . ' C!� 1 s „ Y.' •'�•., Y. �,. .._.._:-.._....�-• r,� ......_....__.._.....-:c-�^ •.- VL H1f1Ca 91'01 t _..r._..... �VM i� iµ�tt� ��'� Agreement for the Exchange of Real Property � Mt.Auburn Road Extension- Bloomfield Road to Missouri Route 74 Cape Girardeau,Missouri The undersigned, EARL H.NORMAN,TRUSTEE OF THE �ARL H. NORMAN REVOCABLE LIVING TRUST AGREEMENT DATED DECEMBER 4, 1987, and RUTH A.NORMAN AND EARL H.NORMAN,TRUSTEES OF THE RUTH A.NORMAN REVOCABLE LNING TRUST AGREEMENT OF DECEMBER 4, 1987,hereinafter called the "Owuers",in consideration of the mutual covenants and agreements herein set forth,agree to convey to the CITY OF CAPE GIRARDEAU,MISSOURI,hereinafter called the"C�',and the City agrees to accept certain tracts by General Warranty Deed and by Permanent and Temporary Easements as set forth in this Agreement along with all rights,hereditaments,easements, and appurtenattces thereunto located in the City of Cape Girardeau,Cape Girardeau County,l�ssouri,more particularly described in Exhibit A attached hereto and made a part hereto, subject to easements for public utilities of any nature, as may exist at the tune of e�ecution of this agreement. It is further agreed that the City,in consideration of the mutual covenants and agreements herein set forth,agrees to convey to the Owiiers, and the Owners agree to accept,certain tracts by Warranty Deed and by vacation of an existing street right-of-way as set forth in this Agreement along with all rights,hereditaments,easemettts and appurtenances thereunto located in the City of Cape Girardeau,Cape Girardeau County, � M�ssouri,more particularly described in Exhibit B attached hereto and made a part hereto, subject to easements for public utilities of any nature,as may exist at the time of execution of this agreement. The terms and conditions of this agreement are as follows: 1. The City agrees to the redesign of the Mt Auburn Road Extension as such redesign prescribes the extension through the Cape Girardeau Congregation of Jehovah's Wimesses property as generally shown on Exhibit D,with the understanding that the Owners shall acquire the Cape Girardeau Congregation of Jehovah's�messes property prior to September 30, 1999. The Owiiers shall be responsible for any and all relocation assistance required by the Cape Girardeau Congregation of Jehovah's�messes Church,as determined by its appropriate and authoritative officials. 2. The Owners shall donate an eighty-foot(80-foot)-wide right-of-way in fee simple and any required construction and/or slope easements on any tracts that they own that are needed for the redesigned roadway at no cost to the City,as described in Exhibit A as Tracts 6 and 11,in exchange for the City deeding to the Owners Tracts "E" and"I�',which may remain outside the road construction and easement limits,as described in E�chibit B. 3. The Owners shall be responsible for the acquisition of the properry owned by and titled to the Cape Girardeau Congregation of Jehovah's�tnesses and the entire cost for the demolition of the Cape Girardeau Congregation of Jehovah's � ��,.°"�"a°�.�'�"°.� EXH I B IT "6" � Witnesses church structure to the existing City demolition standards. The demolition and debris removal shall be completed prior to October 15, 1999. 4. The City shall pay One Hundred and Thirry Thousand Dollars ($130,000) at closing to the Owners for an eighty-foot(80-foot)-wide right-of-wayin fee simple and all necessary easements through the Cape Girardeau Congregation of Jehovah's�tnesses property,as described in E�ibit C as Trae�8. The Owiiers shall transfer to the City the so designated fee and easement interests by 5:00 p.m.,October 30, 1999.The Owners shall also grant to the City any temporary construction easements that are needed through this property for the construction of the so designated Mt.Auburn Extension. 5. The Owners shall,at the Owners'sole expense,have a qualified engineering firm redesign the roadway and required stormwater management and detention facilities to incorporate the route proposed by the Owners and submit the revised plans for City approvaL All plans,specifications,and construction documents must conform to City specifications and be approved by the City � Engineer. The final plans must be submitted to the City Engineers Office on r before June 30, 1999. L�T JT�:��� ���+�T �t�rs 6. The City agrees to construct a concrete street to full City standards with a nununum width of forry-eight (48) feet from back of curb to back of curb, - within the eighty-foot(80-foot)-wide fee right-of-way. 7. A mutually acceptable plan between the Owners and the City shall be formulated to meet stormwater management requirements for the road and the Owiiers' � future development. The Owners shall have a qualified engineering firm prepare said plan at the Owners'sole expense and submit it to the City Engineers Offic , . .�v oA-Y1 A�r�E�2 r��.�2i.[-d.�AcNA�c-�n�'r 8. The Owiiers agree to pay a sum of Three Hundred and N'meteen Thousand and Eight Hundred and Fifiy-eight Dollars ($319,858) for the construction of Mt. Auburn Road between Bloomfield Road and Missouri Route 74. At the time the road is accepted by the City Council,these costs will be billed to the Owriers in the form of special tax bills,which may be payable over a period of up to ten years and subject to interest at the standard rate applied to all such tax bills by the City. 9. The City agrees to vacate any interest it may have in the Cardinal Lane right-of- way as platted. The City also agrees to vacate right-of-way for Northview Drive south of Tunmar Lane,at such time as the owner(s) of the adjoining property that have access to this roadway,request such vacation. The adjacent propercy owners, at the time of vacation,shall receive tide to the land within the right-of- way,as their rights may then entide them at the time of azry said vacation. 10. The Owners agree to grant the right-of-way necessary,in fee simple, for a turnaround for Northview Drive,temporary or otherwise,in accordance with City Ordinance,provided the said Northview Drive is not vacated to the Owners or other parties per paragraph 9 above. 11. The Owners agree to grant a spoil disposal easement to the City on their adjoining properry for any excess appropriate and acceptable fill material from the project. � 12. The City agrees that it is the intent of the City,although the City is not bound thereby,to either sell the remnants from the property previously owned lry the Hesters (Tracts 1 and 3 on Exhibit D)to the adjacent property owners for an avrc���x�+�e�c-►.�.n�,�.e� ow�zi�s amount equal to or exceeding the amount of$213 per front foot along the new M�Auburn Road or upon their refusal to purchase these remnants,solicit sealed � bids for the sale of the remnants at some future time. 13. T'une e�rtensions can be granted when agreed to in advance in writing by both parties. 14. It is agreed that the City w�l pay all the expenses incident to the�preparation and recordation of any and all deeds and easements to the City as required by this agreement. The Owiiers also agree to pay azry and all expenses necessary to provide proper and clear tide to all fee or easement interests to be provided to the City as designated herein. 15. The Owiiers agree to pay all property taxes for the full ta�c year for the tax year covered by this agreement,and upon proof of payment,the City agrees to reunburse the Owiiers for the pro-rata portion of taxes on the right-of-way that is deeded to the City in fee tide from the date of possession of such real property by the City. Said request for reimbursement must be made on or before June 30, 2000. 16. The Owners represent that no elected City official or City emplayee shall be admitted to or share any part of this agreement,or to any benefits that may arise therefrom 17. The terms and conditions aforesaid aze to apply to and bind the heirs,executors, adininistrators, successors,and assigns of the Owners. 18. All te.rrns and conditions with respect to this agreement are expressly contained herein and the Owners agree that no representative or agent of the City has made any representation or promise with respect to this agreement not expressly � contained herein, 19. All individuals signing this agreement state that they have full authority to sign this agreement for the express purposes stated herein. 20. Failure of the Owners to meet the texms and conditions listed above by the specified dates shall void this agreement unless a time extension or extensions thereto,is approved in advance and in writing by the signatory parties as attested as follows. EARL H.NORMAN REVOCABLE LNING TRUST AGREEMENT DATED DECEI��BER 4, 1987 � �� � arl H,No Date RUI�i A.NORMAN REVOCABLE LNING TRUST AGREEMENT OF - ER 4, 1 j ` L� ���/�i � L � �/ th A,No Date �-:z� 9� Earl H.Norman Date � DVVt[A�m�Revised Apem�-Mc Aubum.doc 06/22/99 � ATI'EST: i' C OF CAPE GIlZARDEAU,MISSOURI G.Miller ate ty Manager ATTEST: �' J.'r , Deputy City Clerk ANNOTATION TO THIS AGREEMENT: Attached to this agreement is Exhibit D, � w�iich is a graphic,metes and bounds plat representation of the properties described in Exhibits A,B and C,attached hereto. It is hereby attested to by the signatories above that they fully recognize and acknowledge that Exhibit D is illu.stxative only and the legal descnptions as set forth in Exhibits A,B and C are egplicit and shall be binding as described therein. � D.�.f[Aub�n�Reviced A�ammc-Mt.Aub�+cadoe 06/21/99 EXHIBIT A � Tracts to be conveyed by Ruth A, and Earl H.Norman, Earl H.Norman Revocable Living Trust Agreement dated December 4, 1987 and Ruth A.Norman Revocable Living Trust Agreement dated December 4, 1987,to the City of Cape Girardeau: - DESCRIl'TION-0.41 AC�ZE TRACT 6 RIGHT OF WAY TRACT A PART OF LOTS 5,6&8,BLOCK 1,NORTHVIEW ACRES RUI�-i and EARI.NORMAN A PART OF UNTTED STATES PRIVATE SURVEY NO. 174,TOWNSHII'30 NORTH, RANGE 13 EAST OF THE FIFI�-i PRINCII'AL MERIDIAN,CITY AND OOUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a point on the south line of I.ot 6,Block 1 of Northview Acres as recorded in the land records of the County Recorder's Office in plat book no. 5 at page no. 5, from which point the southeast corner of said lot bears S 83° Ol' 02" E, 130.75 feet; Thence along the south line of said lot N 83° O1' 02" W,69.11 feet to the northwest corner of a tract of land as recorded in book no.445 at page no. 648;Thence along the west line of said tract,S 06° 53' S9"W,40J8 feet;Thence leaving said west line,N 19° 37' 00"W, � 227.28 feet to a point on the north line of Lot no. 5,Block 1 of Northview Acres;Thence along said north line,N 49° 40' S8" E, 85.52 feet;Thence leaving said north line,S 19° 3T 00" E, 251.97 feet to the POINT OF BEGINNING,containing 0.41 acres more or less. (17,760.95 square feet) DESCRII'TION-0.06 AQZE TRACT 11 RIGHT OF WAY TRACT A PART OF BOOK 544-PAGE 302 RU'I�I NORMAN REVOCABLE LIVING TRUST A PART OF ITNITED STATES PRIVATE SURVEY NO. 174,TOWNSHII'30 NORTH, RANGE 13 EAST OF THE FIFI"H PRINCIPAL MERIDIAN,CITI'AND OOUN'I'Y OF CAPE GIItARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESGZZIBED AS FOLLOWS: Beginning at the northeast corner of a tract of land as recorded in the land records of the County Recorder s Office in book no. 544 at page no. 302;Thence along the north line of said tract and the south right of way line of Cardinal Lane,N 83° O1'02"W,73.89 feet to the beginn�ng of a non-tangent curve concave to the northeast having a central angle of 13° O1' 34" and a radius of 390.00 feet from which point a radial line bears N 57° O1' 24" E;Thence leaving said north line and south right of way line and along said curve in a southeasterly direction, 88.67 feet to a point on the east line of the afore said tract of land;Thence along ! � ��� nv.ti n„e,.nv�a��.►k.ti�e« a/z:/� � said east line,N 16°03' S8" E, 61.71 feet to the POINT OF BEGINNING,containiiig 0.06 acres more or less. (2,399.73 square feet) DESCRIl'TION-20'WIDE DRAINAGE EASEMENT CENTERLINE STATION 9+00,RIGHT A PART OF LOT 5,BLOCK 1,NORT�IVIEW ACRES �• RU'I�i AND EARL NORMAN A PART OF UNTI'ED STATES PRIVATE SURVEY NO. 174,TOWNSHII'30 NORTH, RANGE 13 EAST OF THE FIF'I'H PRINCIPAL MERIDIAN,CITY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM1v�NCING at the northeast corner of Lot 7,Block 1 of Northview Acres as recorded in the land records of the County Recorder s Office in plat book no. 5 at page no. 5,Thence along the north line of said lot,N 83° O1' 02"W, 130J5 feet;Thence leaving said north line, N 19° 3T 00"W, 194.65 feet to the TRUE POINT OF BEGINNlNG;Thence continuing N 19° 3T 00"W,20.00 feet;Thence N 70° 23' 00" E, 60.00 feet;Thence S 19° 3T 00" E, 20.00 feet;Thence S 70° 23' 00"W,60.00 feet to the POINT OF BEGINNING,containing 0.03 acres more or less. (1,200.00 square feet) � DESC,RII'TION-20'WIDE DRAINAGE EASEMENT CENTERLINE STATION 8+97.48,LEFT A PART OF LOT 6,BLOCK 1,NORTHVIEW AC�ES RUIT-i AND EARL NORMAN A PART OF UNiTED STATES PRIVATE SURVEY NO. 174,TOWNSHII'30 NORTH, RANGE 13 EAST OF THE FIF'I�i PRINCII'AL MERIDIAN,CITY AND QOtJNTY OF CAPE GII�RDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: QOriIlvIEIVCING at the northeast corner of Lot 7,Block 1 of Northview Acres as recorded in the land records of the CountyRecorder s Office in plat book no.5 at page no.5,Thence along the north line and it's prolongation of said lot,N 83° Ol' 02"W,220.22 feet;Thence leaving said line,N 19° 37'00"W, 151.62 feet to the TRUE POINT OF BEGINNING; Thence continuing N 19° 37' 00"W,20.91 feet;Thence S 53° 26' 20"W,58.36 feet;Thence S 36° 33' 40" E, 20.00 feet;Thence N 53° 26' 20" E, 52.26 feet to the POINT OF BEGINNING,containing 0.03 acres more or less. (1,106.22 square feet) DESC�IPTION-TEMPORARY CONSTRUCTION EASEMENT A PART OF BOOK 544-PAGE 302 RUTH NORMAN REVOCABLE LIVING TRUST � DV�k A�n�Revised Apemeo[-1.4.lwb�aa.doc 06/I?/99 A PART OF UNTI'ED STATES PRIVATE SURVEY NO. 174,TOWNSHII'30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCII'AL MERIDIAN,CTl"I'AND OOUNT'I' � OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMI��NCING at the northwest corner of a tract of land as recorded in��he land records of the County Recorder s Office in book no. 544 at page no. 302,Thence along the north line of said tract,S 83° O1' 02" E, 253.91 feet to the TRUE POINT OF BEGINNING; Said point being the beginning of a non-tangent curve concave to the northeast having a central angle of 18° 31' 27" and a radius of 420.00 feet from which point a radial line bears, N 60° 22' 20" E,Thence leaving said north line and along said curve in a southeaster�y direcdon, 135J9 feet to a point on the east line of said tract;Thence along said east line,N 16°03' S8" E, 33.62 feet to the beginning of a non-tangettt curve concave to the northeast having a central angle of 13° O1' 34" and a radius of 390.00 feet from which point a radial line bears,N 43° 59' S0" E;Thence leaving said east line and along said curve in a northwesterly direction, 88.67 feet to a point on the north line of the afore said tract recorded in book no. 544 at page no. 302;Thence along said north line,N 83° O1' 02"W, 38.20 feet to the POINT OF BEGINNING,containing 0.08 acres more or less. (3,370.26 square feet) DESCRII'TION-TEMI'ORARY CONSTRUCTION EASEMENT A PART OF BOOK 727-PAGE 895 RU'IT�AND EARL NORMAN �� A PART OF LJNTI'ED STATES PRIVATE SURVEY NO. 174,TOWNSHII'30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIl'AL MERIDIAN,CITY AND OOLJNI'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: OOMMENCING at the southwest corner of a tract of land as recorded in the land records of the County Recorder s Office in book no.445 at page no. 648,Thence along the west line of said tract,N 06° 53' S9" E, 119.95 feet to the TRUE POINT OF BEGINNING; Thence leaving said west line N 19° 3T 00"W,276.07 feet to a point on the south line of Lot no. 3,Block 1 of Northview Acres as recorded in plat book no. 5 at page no. 5;Thence along said south line,N 49°40' S8" E, 32.07 feet;Thence leaving said south line,S 19° 3T 00" E, 227.28 feet to a point on the west line of the afore said tract recorded in book no. 445 at page no. 648;Thence along said west line,S 06° 53' S9"W,67.20 feet to the POINT OF BEGINNING,containing 0.17 acres more or less. (7,550.36 square feet) DESCRII'TION-TEMPORARY CONSTRUCITON EASEMENT A PART OF BOOK 727-PAGE 895 RUI�3 AND EARL NORMAN � n�n,�.nv�a e��.n�.a« owui� � A PART OF UN�I'ED STATES PRIVATE SURVEY NO. 174,TOWNSHII'30 NORTH, RANGE 13 EAST OF TF�FI��'TH PRINCIPAL MERIDIAN,CITY AND COUNTY OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COIvIlvIENCING at the northeast corner of Lot 7,Block 1 of Northview Acres as recorded in the land records of the County Recorder s Office in plat book no. 5 at page no. 5,Thence along the north line of said lot,N 83° O1' 02"W,97.19 feet to the TRLJE POINT OF BEGINNING;Thence continuing along said north line N 83° Ol' 02"W,33.55 feet; Thence leaving said north line,N 19° 37'00" W,251.97 feet to a point on the south line of Lot no. 2, Block 1 of Northview Acres as recorded in plat book no. 5 at page no. 5;Thence along said south line,N 49° 40' S8" E,32.07 feet;Thence leaving said south line, S 19° 3T 00" E,278.33 feet to the POINT OF BEGINNING,containing 0.18 acres more or less. (7,954.41 square feet) � � o-v�t�n�.�v��a�a�-�.n�.� ow�s9 EXHIBIT B � Tracts to be conveyed by City of Cape Girardeau to Earl H. and Ruth A.Norman,Trustees of the Ruth A.Normaii Revocable Living Trust Agreement of December 4, 1987: DESCRIPTION- 0.08 ACRE TRACT"E" A PART OF UNITED STATES PRIVATE SURVEY N0. 174,TOWNSHII'30 NORTH, RANGE 13 EAST OF THE FIF'1�-i PRINCIPAL MERIDIAN,CTTY AND COUN'I'Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESC�IBED AS FOLLOWS: BEGINNING at the southwest corner of a tract of land as recorded in the land records of the County Recorder s Office itt book no. 885 at page tto. 845;Thence along the west line of said tract,N 14° 58' S4" E,93.85 feet to the beginning of a non-tangent curve concave to the northeast having a central angle of 03°06' 12" and a radius of 390.00 feet from which point a radial line bears,N 34° 38' 47" E;Thence along said curve in a southeasterly direction,21.12 feet;'I'hence S 58°2T 25" E, 58.17 feet;Thence S 61° 59' 12" W, 103.68 feet to the POINT OF BEGINNING,containing 0.08 acres more or less. (3,539.92 square feet) DESCRIPTION- 0.28 ACRE TRACT"H" P T OF UNITED STATES PRIVATE SURVEY NO. 174 TOWNSHII'30 NORTH, � A AR � RANGE 13 EAST OF THE FIN�'TH PRINCII'AL MERIDIAN,CTTY AND OOUN'I"Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the northeast corner of a tract of land as recorded in the land records of the County Recorder's Office in book no. 885 at page no. 845;Thence along the north line of said tract,N 82°26' 35"W,218.30 feet to the northwest corner of said tract;Thence along the west litte of said tract,S 14° 58' S4"W,9.47 feet to the beginniiig of a non-tangent curve concave to the northeast having a central angle of 08° 29' 08" and a radius of 310.00 feet from which point a radial line bears,N 40°O1' 43" E;Thence leaving the afore said west line and along said curve in a southeasterly direction,45.91 feet;Thence S 58° 27' 25" E, 119.28 feet to the beginning of a curve concave to the southwest having a central angle of 03° 53' 39" and a radius of 390.00 feet;Thence along said curve in a southeaster�y direction, 26.51 feet;Thence N 54° 08' 12" E, 65.45 feet to a point on the east line of the afore said tract of land;Thence along said east line,N 06° 00' 36" E, 46.19 feet to the POINT OF BEGINNING, containing 0.28 acres more or less. (12,134.77 square feet) � v.v,��v�e e��.�.e« owzvv� � EXHIBIT C Tract to be conveyed by Earl H. and Ruth A.Norman, Earl H.Norman Revocable Living Trust Agreement dated December 4, 1987 and the Ruth A.Norman Revocable Living Trust Agreement dated December 4, 1987 to the City of Cape Girardeau: DESCRII'TION-0.46 AC�E TRACT 8 RIGHT OF WAY TR.ACT A PART OF LOT 7,BLOCK 1,NORTHVIEW AC�ES CAPE GIRARDEAU CONGREGATION OF JEHOVAI�S V�IITNESSES A PART OF UNrTED STATES PRIVATE SURVEY NO. 174,TOWNSHIl'30 NORT�-i, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN,CITY AND QOUN'1"Y OF CAPE GIRARDEAU,STATE OF MISSOURI,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at the northeast corner of Lot 7,Block 1 of Northview Acres as recorded in the land records of the County Recorder s Office in plat book no. 5 at page no. 5;Thence along the north line of said lot,N 83°O1' 02" W, 130.75 feet to the TRLJE POINT OF BEGINNING; Thence conti.nuing along said north line and its prolongation,N 83° O1' 02" W,69.11 feet to the northwest corner of a tract of land as recorded in book no. 445 at page no. 648;Thence � leaving said north line and along the west line of said tract of land, S 06° 53' S9"W,40J8 feet;Thence leaving said west line,S 19° 37' 00" E, 169.20 feet to the beginning of a curve concave to the norrheast having a central angle of 06° 03' 45" and a radius of 390.00 feet; Thence along said curve in a southeasterly direction,41.27 feet to a point on the south line of said Lot 7;Thence along said south line, S 83° O1' 02" E, 51.62 feet to the beginning of a curve concave to the northwest having a central angle of 45° 56' Ol" and a radius of 50.00 feet;Thence along said south line and curve in a southeasterly and northeasterly direction, 40.08 feet to the beginning of a non-tangent curve concave to the northeast having a central angle of 12° 26' 20" and a radius of 310.00 feet from which point a radial line bears,N 57° 56' 40" E;Thence leaving said south line and along said curve in a northwesterly direction, 67.30 feet;Thence N 19° 3T 00"W, 174.74 feet to the TRLJE POINT OF BEGINNING, containing 0.46 acres more or less. 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'��• `k, Yt J`•, /o i M ��Y t�i: � ' ` r �s �f�. � . t�. .� 1� «� i ��`� �� ��� r «y . .��<1 ..� �� � ~�..f O�W�f . , � / 0 � � " i f . �'j'. .'�k ' �I �'i. +;k _.._..........._.._....._ ' s: ��� 'y,,,._.._ . _. ._.j, p t's. ....,-�.'--' � \ Ci` bL 31f1 Zl 31tl1' , ..;-.Y... :, ..� : � ' .............................._._• . sA�.'- �i . , ...,�...... �,vrn ic lµ��a � �a � CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 251 Agenda July 19, 1999 The Honorable Mayor �a Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Record Plat of Joe Kluesner Subdivision This Council agenda item provides for consideration of the record plat of Joe Kluesner Subdivision. This is a two (2) lot subdivision which is located in the 1700 block of New Madrid Street. This minor subdivision is being developed by Joseph M. and Elizabeth L. Kluesner and is cunently established as a residential development. � The subdivision plat was approved by the Planning and Zoning Commission at their meeting on July 14, 1999. The vote to approve the plat was 8 in favor with no opposition. It is recommended that the City Council give first reading consideration to the attached ordinance accepting this record plat. Respectfully submitted, . . ratton ity Pl er . . . :.. . . ♦ e . ' - , City Manager � � KBM/MGM/rlf � i __. I NORTH LtNE OF LOT �2 PREViOUS 1 ACRE I �� R,�. WI�SON'S SU601V1SlON SURVEY SY R.L.S #2232 � � OATED FEB, 1998 , � ! ; s �o e K� uesner - S 85'22'35' E ; � � ' 224.00� SU b d► v i s�o n � — S� BACK LINE J � � �+ � � � � � � c� LnT �' ,usa. 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UNE OF � z � ACRE �� � caf � � 1 � NEW MAGR10 STREET (EXTEND` � �; o `a � ' SET BACK UNE� �_ j __i � Y J �c: �_. __.._____.._.� � 14�.`J2� � 8�.��' � � � � '� N 86'OS'00" yy ---.L_._--- - --- N 8&'OS'Op" W , - �/` / �- -----._.__.__._._____N-�H!.--�A--QR�, STR�'�_�._ 35' R.O.W, r�� __607.Op._.--- � f __.__._.. ---�.__ � �� N 04'S5'�JO" E_/ �— P.O.B. 30.00' / SOUTHEAST CGRNER 0�_j OUT LOT �j 74 _.```�F�0����/s����i'- �;', � •� .■- ,.'� � � � • � , � , . . _ , � � � � ���,� . �.�� 7��� : �i/ • ��� �� �. ����°• , �,� �� � f� '�� � �1��r ��'�r"'I�`�i �� � ���� �� ��� �+�',��/� '���� `„� ■ � � � ��� /111�111���1 �� �i� /I,/1��� � � , . � 1 �l�III ■ .. 111 � � iiil �� 11�1 � _ i� � � � � ♦ �♦ ���/ ■ v ♦ r � �� 1 ,�!� /� ■ •.. � � /�► ■ ■ �7 ► ■ •.� .� . ••.. � /►� �-��...'—� � ..�, . � � �►� /1�� � •�� �:�..� � � � � �..�������� .. � �.�..� � �► � ♦ �� �i�� -�..� -... � � .•. .. � �. � � ��� •� � .. � 11 � � ���// ��F ► � �,,� ����� � � � ■ �► ������ ����..�.. ���� �/ � ���/% � .-� �� ■ �r 1� �� �� ,,.,,, , ���� � , �/ �., . ■� � /i � ���1/�� �. �t�� � `,.� ♦ ♦ �� �%3�,. .� ��/r�1// � ► . , : '::� � � �� ����/ ., ., �� ��' �� �� /� . , ♦ � �• �,� � I� /� /�/� ��' � �,�i� ■�� — � � ���/ � �• • � ��I � � � ������� ���� � `� �.� ■�� � '���� ��� ����� .; � �/� I'� � � �„ .� ��, � i ,. ���� ..., ..� �i��i�i. .�•. �� ������� I .■ :..� . ���� .� � ��� � ���� . - t����� �►� il /// . . ■ ��*••• ■■�,� ■� � � � �� .�� � •■■.. �� � �. ■ �' '� r: � ;;■�. �i��� � -,. � " �� � ■� � � ��Q� �� � �� � ������ � - � i ` ■ � - � � , ` \���� ' � �� � � „ "' . ��� ` _ �-� � a\ �a��� .. ��� - � � ` ■■■ Q� � ��, `� ����i tii� �i 11111 � � � � � � 111 � ... � � �� �r� 11��1, \ ■ �� � •�.■ �� �,,, � , �I ■■ •. � � � „ . __ ����1� � .� _.� 1111111� ----��� `IIIII •• _.t �I��i i��ll ■. - � ... ��i.. .. �.,, � 111111/ ..1 - . •.1 INII�IIII����! � 111111� •• � _ � 111II1111 � �IIII;••� � � •�� - � 111.. 111 .: __ •� ■� � �. 11111 � �� ���� � �1 � 111/1/1111 �: "'� ����`■■ � ) � �.� �� , - �1 I� , � .. . � �iiii����ii�- __ ■�i � .. • , - � _ ••�i�1�li..,� � I � . .. . _ . � �. •.1111 ��. . � �SIIII�► .. _ ��' � �� �� •.. 1111 .. ���� ;.,., 1■ �. ii���� �► ....... , ,, ��i.. '''''''''''''�'�' �I�Y��I�I��� � II��s���III I '� '.'.','.',',,.,..,, 1!�l1111 ' :, �... � '� /1/�����l1� ■■ ...� ,..�, ..... � , ,;.;, � :■1111�����► -• .:,�, �., ���/�i� � '� �� �����l.►) �''�' ������/��� �` �a�►�'� �,�.►� . ''''' � ����. �� `_. �I.,�I:�� •• ��; ,,, ._ ,.., .. ���.-11 �:. � � BILL NO. 99-169 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF JOE KLUESNER SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Joe Kluesner Subdivision, part of Lot No. 2 of Robert L. Wilson's Subdivis 'ion of Out Lot No. 74 of U.S. Private Survey No. 2199, Township 31 North, Range 14 East, City and County of Cape Girardeau, Missouri, submitted by Joseph M. Kluesner and Elizabeth L. Kluesner, bearing the certification of Scott A. Richards, a Registered Land Surveyor, dated July 12 , 1999, 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 , 19 . A. M. Spradling, III , Mayor ATTEST: Gayle L. Conrad City Clerk � � CITY OF CAPE GIRARDEAU Office af the City Manager Council Letter No. 252 Agenda July 19,�1999 The Honorable Mayor and Members of the City Council City of Cape Girazdeau, Missouri Dear Mayor and Council Members: RE: Record Plat of Aspen Park Townhouses Phase III This Council agenda item provides for consideration of the record plat of Aspen Park Townhouses Phase III. This is a three (3) condominium unit, which is the final phase of a nine- unit condominium subdivision which is located in the 2900 block of Beavercreek Drive. This is a condominium subdivision being developed by The G. Keith Deimund Trust a.nd The David F. � Dormeyer Voluntary Trust and is currently established as residential development. The subdivision plat was approved by the Planning and Zoning Commission at their meeting on July 14, 1999. The vote to approve the plat was 7 in favor with one abstention. It is recommended that the City Council give first reading consideration to the attached ordinance accepting this record plat. Resp fully submitted, Kent Bratton ' Pl er . : � Mi . er City Manager KBM/NiGM/rlf � N 1—����� ���� �'�1���07��_ � 4 E - N 88'25'32' W ��+��T�., : 296.62� ur.�usun+e�ieoiNean r+o.e O�`� �— — — — — — — — — — — — — — — — — — — — —— — — � J \ � � � _ � � � � � � ����k/ — — — — — — — — — — _ _ � � ' ° 30.37 2Y.i6' , .�.e- �a . �I �/ � . � 79.75' � � - - . I , I � ' da . ' � f e xvtz' �e.sr I � ,s.�r g d� ° . 8 ° I p� I I o a • EwsnNc EwsnNc Ewstwc � . I o d � UNIT NO.] UNT N0.1 �T�.1 �•I. I a I I � a - a � .�d � a . . a� I I I •d d � Q• < 2fi.5Y 16.3E' � � Nl63 OY�W I I a da ' ' . .. . � P �l O/�BpYnkip 7 3•. I lMll/'7) i1.0E' a � d .� � . . � '17.D} � ' r I I 10.00' .. � � � � 18.00' � \ / r I 11.71' / �J �i � � a d // \� � C .a6' {3.T' I � I I t� � \ - �$ p I �f Ewsiwc 10'Water Line �.. „ a.�3' N N uw1 No.a ,. •l. Easement � I 15.l8' 10.�J' I I I a.a � UNIT N0. 7 �s�. � / s�C. 2599 SF. - / � � v�no I . \ a NeasY --�_ � I s�.ea' � 3t.e8' �28.�5' ' 6.00'. S I I ' • I I � � I P�l e/a.,�„ I o I � (u�u�e) �. I � ewsnNc � UNIT NO.S � � � I„ � ' � I ~ �o.�r � i.er � d . ta.1Y � vno I 8 9 \ � �aaa' I ` � ' d 8 UNIT N0. 8 � I � �a ��u. d � � � � a �/ � �.o.•, �� o x 3s• 'Meesz:on�w p � I i � � �2.zs� ��.� �-.5�r-�- � � I � � . P�,�a�a.�„N, a (u�n/o) ( I I . . �� < . d -�a� .a • I I E1]S71NG �d / d I IU1qT N0.6 . - - � . . ' � m I1J.T' . �' � ^ � .° a . . 1J.)1' � �.31' I I I $ $ •a. 1 ( g UNIT N0. 9 � g I - a , z.zK sr. io.ao� = I I I n.so ': . � � � �� e.z�s'�� a n.s�• • � I n.ee' � � as.ae' x' raao� 'F — — — — — — 1--- — —}— — — — — — — — — —{—� � I I ( Set-back Lina I 1 I I 10'Utltity Eaaement� � N8$°52'09'W 316.93' — — — — — — — �— BEAVERCREEK DRIVE (50' R/W) This subdivision plot wos prepared from a survey performed in accordance with WRVE TABIE awec �Nen� a�ws aarnu u�aF u�oao onccnw a�ano�uun� Ihe requirements of the stondards for property surveys adopted by the Missouri c . �y� Board for Architects, Professionoi Engineers, and Lond Surveyors, with an � Efiective date of Oecember 30, 1994. GRAPHIC SCALE RECORO OwNER ASPEN PARK TOWNHWSES . » +� iHE G. KEITH OEIMUND 7RUST, THE BEARING BA515 FOR THIS PLAT IS TAKEN G. KEITH DEIMUNO, iRUSTEE fROM ANO IN ACCOROANCE TO TME RECORD AND THE DAVIO f. DORAAEYER BEARINGS IN�ICATEO ON THE RECORD PLAT ��'RT> VOLUNTARY TRUST, OF MT. AUBURN SU801VISION N0. 6. �1oe°' !0 K OAVIO F. DORMEYER, TRUSTEE AS INpICATEO HEREON. t eF1 � Y� �. • �. STARVIEN ' NOBILE ` HOME � PARK � �i '< ° AGE R , I v ' A Q.. y � v � J � 4 � B R. BRECKE IDGE 0 � � � v rn � � Y y� y p H --1 r o Z R p OR. a � W KE'� � 4 � P SA T � � � BILL NO. 99-170 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF ASPEN PARK TOWNHOUSES PHASE III SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Aspen Park Townhouses Phase III Subdivision, all of Lot 1 of Mt. Auburn Subdivision No. 6, being part of Section 26, Township 31 North, Range 13 East, City and County of Cape Girardeau, Missouri, submitted by G. Keith Deimund, Trustee of the G. Keith Deimund Trust, and David F. Dormeyer, Trustee of the David F. Dormeyer Voluntary Trust, bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated June 21, 1999, 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 , 19 A. M. Spradling, III , Mayor ATTEST: Gayle L. Conrad City Clerk � CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 262 Agenda July 19, 1999 The Honorable Mayor ' �,a Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Record Plat of Strack 1 Subdivision This Council agenda item provides for consideration of the record plat of Strack 1 Subdivision. This is a two (2)1ot minor subdivision which is located in the 2800 block of Perryville Road. The subdivision is being proposed by Jo Wayne and Bonnie Strack. There is an existing house on Lot 1 and a barn on Lot 2. The subdivision plat was approved by the Planning and Zoning Commission at their � meeting on July 14, 1999. The vote to approve the plat was 8 in favor with no opposition. Currently, the sanitary sewer service lirie for the house on Lot 1 crosses the approximate center of Lot 2, between the barn and Penyvi�lle Road. Mr. Stiack is giving a new sewer easement for Lot 1 across the rear of Lot 2 and has stated he will relocate the sewer service line over the new easement. It is recommended that the City Council give first reading consideration to the attached ordinance accepting this record plat. The current owner of the property has requested emergency . reading of the ordinance. A copy of his letter is attached. The City Attorn�y has also prepared an emergency ordinance if the Council wishes to act on this request. Respe fully submitted, , J�p� � ent atton Ci lanne - . . , / .. . . � ; ;:� ; � � City Manager � July �s, 1999 RECEtVED DiVISlQN OF PLANNING SERVIGES DATF -�s-�r L.BY..,.K�,L�._._._ J.W. Strack 2827 Perryville Road Cape Girardeau, MO 63701 The Honorable Mayor, A1 Spradling and the City Council of Cape Girazdeau 401Independence Cape Girardeau, MO 63703 Dear Gentlemen, I am requesting an emergency reading of the ordinance approving the plat for the Strack I subdivision. The property which is located at 2827 Perryville Road is under a contract for sale. � I ha.ve ha.d this property on the market for over one year. The only offers I have had stipulated ` that the property must be divided. No one has wanted to purchase the whole property. The couple that is purchasing the property must take possession by the 30�'of this month. Their lease is up on this date and they will have to pay additional rent if the sale of my home is not complete. Dividing the property will leave me with two R-1 residences. T'he barn can be remodeled to accommodate an R-1 residence or be left as is and be used to continue to store farm equipment and hay. The barn has been on the property for 60 yeazs. There are three other bams located on Pertyville Road within a mile and one half, and two of the three do not have houses on that lot. Please consider my request to approve dividing the property. I have a home that has been under construction for one year. Our new home can not be completed until this property sale is complete. Respectfully, Jo W. Strack � SCAIE: t"� 30' 0 15 30 60 90 120 � O indicotes 1/2" iron rod set • indicotes 1/2" iron rod found O indicates power pole vners of a 13 East, North per Flood Control Project – Scott Richords Survey Plat ibed as March 30, 1992 Re(: Kenneth G. Boer survey plot March 5, 1999 Urbon property �r Estotes Zone R-1 R Cape � :, olong the Plot prepored for Jo Woyne ond Bonnie Strock � e point of Record owner: Jo Wayne Strock feet; Porent Troct: Deed book 516 Poge 329 �4" West, ����� A e North The property represented on this plot is locoted in Zone C j ionover occording to FIRM Map 290458 0003 B. Effective Dote `'1�,O� d Lot 10, November 5, 1980. Sue� '�� )'44" East, �ntoining __A.D., South line of Lot 12 of Honover Estates – Plat book 14 Po e 24 Southeostern most '– corner of Lot 10 Hanover Estates Resnbdivis[on of Lot 10 � Honover Estates � Plat bk 14 Pq 24 Bosis of beorin s !_P�B N89'00'44"E 183.00' � I I :�. I�, Z Mti••�% 'i.~':y• :i;� _________�A____ � o '` .� proposed drive I _ __ �"! personally cn �, `i:"' . ----------t– x � <° .'�: _28=3-� �ed herein, °i ,� � w • . ..«.,...• .;.. .,-.,..:..;�.. �ers of the � � N �° 'O � J 1-1/2 story� p ,_ �d said '�'+ frome N � a'_ � � N _ f � � o � 36.3' 9.3' o mY � _ � LOt�. DECK '�., .�, . :: : � � � I year first � � 0 0.551 Acres W rn Qr �' to .. 23,989 sq ft. r; �+ Q1 v � a' � N �. .' J � � Public " o • W � 0 $ • � N85'32'S8"W 789.09' O �( Cope • �ed by the nonce No. � � O � ----A.D., p o . r.. • � �.4' ,. .. '� � _ co _ I 3 .. � 10' sewer esmt.—� m 57, � l0 I N O � U . METAL BUILDIN� _ � I � -- at 14.2' 25.1' h , _- � 3s.2� Lot 2 0.512 Acres `� � 22.335 sq. ft. \\\ `��N�S?s�6 W �� �� ��� �8g 9� w Shoded areo indicotes �� � �on and Sewer Eosement `��� . � i this plot ��� � � curre�t Deed book 585 Page 118 �``\`\ �issouri ond �� Rhodea Properdes,L.L.C. \w ;eoi tn�s Deed book 914 Page 864 N ' '00'44"W 4 . N � 3 W F- � O � H M08ILE � HOHE � M H 1 PAAK 0 � � H � ACAJAl1EA LN, �"''J-` G,� �� �F �� ,� � A D A N DR. a �� VERG� w � � �y � < . f.. HO TE Y N R. IN p - � KFA�uc�, .._ � BILL NO. 99-172 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF STRACK 1 SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Strack 1 Subdivision, part of U. S.P. Survey No. 2198, Township 31 North, Range 13 East, City and County of Cape Girardeau, Missouri, submitted by Jo Wayne Strack and Bonnie Strack, bearing the certification of Stephanie R. Vines, a Registered Land Surveyor, dated June 24 , 1999 , 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 , 19 . � A. M. Spradling, III , Mayor ATTEST: Gayle L. Conrad City Clerk � � . RES�LUTIONS � � � City of Cape Girardeau, Missouri Office of the City Manager Council Letter No. 253 Agenda July 19, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing A Contract with Robinson Mechanical Contractors, IKG for the Seismic Protection Improvements dt Potable Water Storage Tank No. 1,A Part of the Project Impact Grant On June 17, 1999,bids were received for the improvement to the water storage tank No. 1 at the Gordonville site. These improvements are being made to prevent rupture of the piping connection to the water distribution system and/or loss of stored water resulting from a seismic event and installation o�seismic sensors at the Cape Rock Water Treatment Plant and Ramsey Branch Water Treatment Plant. One(1)bid was received. This bid, submitted by Robinson � Mechanical Contractors, Inc. was in the amount of$99,000.00,which is below the Engineer's Estimate of Cost of$100,OQ0.00. This project will be funded under the Project Impact Grant. Although there was only one bid submitted for f.his project,the consulting engineering firm ofBums and McDonnell recommends acceptance of the bid. A resolution authorizing a contract with tl�te low bidder,Robinson Mechanical Contractors, Inc. is presented for Council consideration and action. Respectfully submitted, � �u �-' / Mar A. Lester,P.E. C' Engineer r -- -- ichael G. City Manager MAL/MGM/dc , � � BILL NO. �9-166 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROBINSON MECHANICAL CONTRACTORS, INC. FOR SEISMIC PROTECTION IMPROVEMENTS, GORDONVILLE WATER STORAGE TANK NO. 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Robinson Mechanical Contractors, Inc. for the potable water storage tank seismic protection improvements, Gordonville Water Storage Tank No. 1. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 19 . A. M. Spradling, III, Mayor � ATTEST: Gayle L. Conrad, City Clerk � CITY OF CAPE GIRARDEAU, MISSOURI � POTABLE WATER STORAGE TANK SEISMIC PROTECTION INPROVEMENTS GORDONVILLE WATER STORAGE TANK No. 1 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 1999 by and between the City of Cape�Girardeau, Missouri (hereinafter called OWNER) and _ Robinson Mechanical Contractors Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: � Improvements to the water storage tank#1 at the Gordonville site (primarily valves, controls and piping accessories) to prevent rupture of the piping connection to the water distribution system and/or loss of stored water resulting from a seismic event and installation of seismic sensors at the Cape Rock Water Treatment Plant and Ramsey Branch Water Treatment as defined by the Contract Drawings and Specifications. Article 2. ENGINEER. = The City Engineer or his designee is to act as OWNER's�epresentative,assume all duties and responsibilities and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIMES 3.1 The work will be substantially completed within 150 calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and competed and ready for final payment in accordance with paragraph 14.13 � \1STLSRV�DATA�PROJECTS�94159�40021.SPEC�.SEISMICWGR2ACTUAl�2C�C � of the General Conditions within 180 days after the date when the Contract Times commence to run. Article 4. CONTRACT PRICE. OWNER shail pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 below: 4.1 For all Work other than Unit Price Work, a Lump Sum of: Ninety Nine Thousand Dollars ($ 99 000.00 ) All specific cash allowances are included in the above price and have been computed in accordance with paragraph 11.8 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Application for payment shall include a Schedule of � Values and a Schedule of Stored Materials. 5.1 Progress payments;Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR's Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions(and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress paym�nts will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may deteRnine that as long as the character and progress of the Work remain satisfactory to them,there will be no additional retainage on account of Work completed, in which case, the � \�,STLSRVIDATA�PROJECTS�947 5944002�.SPECl.SE1SMICWGR2ACTUAI�LfLC remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. � 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragrap�t 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 5.2 Final Payment. Upon final completion and acceptance of the Wo�lc in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. 6.1 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the maximum rate allowed by law at the place of the Project. 6.2 If the Owner fails to make payment thirty (30) days after receipt of the Contractor's � application for payment, in addition to other remedies available to the Contractor, then shall be added to each sum payment interest in accordance with Section 34.057 RSMo. as amended. Article 7. CONTRACTOR'S REPRESENTATIONS. In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the following representations: 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". 7.2 CONTRACTOR has visited the site and become familiarwith and is satisfied as to the general, local and site conditions that may affect cost, progress, perFormance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. \�,STLSRV�DATAIPROJECTS�941594t002�SPEC�.SEISMICWGR2ACTUAL�2,l3C � � 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supple+nentary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such repo�ts and drawings are not Contract Documents and may not be complete for CONTRACTOR's purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has obtained and carefully studied �(or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, perFormance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary � for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general k�ature of work to be performed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement befinreen OWNER and CONTRACTOR concerning the Work consist of the following: � \�,STLSRV�DATA�PROJECTS�94159�4002�SPEC�.SEISMICWG R2ACTUAl�2.�C 8.1 This Agreement (pages 1 to 7 inclusive). 8.2 Exhibits to this Agreement (pages _ to _, inclusive). � 8.3 Performance, Payment, and other Bonds, identified as exhibits _ and consisting of_ pages. • 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). 8.6 Supplementary Conditions (pages SC-1 to SC-6, inclusive). 8.7 Specifications bearing the title Potable Water Storaqe Tank Seismic Protection Improvements Gordonville Water Storaqe Tank No. 1 8.8 Drawings. 8.9 Addenda numbers _ to _, inclusive. 8.10 CONTRACTOR's Bid (pages BF-1 to BF-6 , inclusive) marked exhibit_. 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to � _, inclusive). 8.12 The following which may be delivered or issued after the Effective Date of the Agreement and are not attached hereto: All Written Amendments and other documents amending, modifying or supplementing the Contract Documents pursuant to paragraphs 3.5 and 3.6 of the General Conditions. The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement (except as expressly noted otherwise above). There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in paragraphs 3.5 and 3.6 of the General Conditions. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreementwhich are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. \�.STLSRVIDATAWROJECTSU41594t002�.SPEC4SEISMICWGR2ACTUAI�,�C � � 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be vatid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. � � \�,STLSRV�DATA\PROJ ECTS\941594t002GS PEC�SEISMICWGR2ACTUAI�� IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in multiple copies, One counterpart each has been delivered to CONTRACTOR and � ENGINEER and two counterpartsto the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on , 19 99 (which is the Effective Date of the Agreement). OWNER Michael G. Miller CONTRACTOR Robinson Mechanical City of Cape Girardeau Contractors Inc. By: � BY: [CORPORATE SEAL] [CORPORATE SEAL] Attest Attest Address for giving notices Address for giving notices 401 Independence Street Cape Girardeau MO 63701 � (If OWNER is a public body, attach License No. evidence of authority to sign and resolution or other documents Agent for service of process: authorizing execution of Agreement. (If CONTRACTOR is corporation, attach evidence of authority to sign.) � \I,STLSRV�DATA�PROJ ECTS194159�4002�.SP EC�.SEISMICW GR2ACTUAI�,qC � CITY OF CAPE GIRARDEAU POTABLE WATER STORAGE TANK SEISMIC PROTECTION IMPROVEMENTS GORDONVILLE WATER STORAGE TANK No. 1 BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: Improvements to the water storage tank #1 at the Gordonville site (primarily valves; control, and piping accessories) to prevent rupture of the piping connection to the water distribution system andlor loss of stored water resulting from a seismic event and installation of seismic sensors at the Cape Rock Water Treatment Plant and Ramsey Branch Water Treatment Plant as defined by the Contract Drawings and Specifications. THIS BID IS SUBMITTED TO: 401 I DEPENDENCERSTREE MO � CAPE GIRARDEAU, MO 63701-6244 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and fumish all Work as spec�ed or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other teRns and conditions of the Contract Documents. 2. BIDDER accepts all of the terrns and conditions of the:Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. � I:\94159\4002\SPEC\SEISNIC\BIDFORM2 BF-1 3. in submitting this Bid, BIDDER represents, as more fully set fo�th in the Agreement, that: � (a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (��St adae�da by Aade�d�m N�m�� and Date) (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except �,�} Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. BIDDER accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the technical data contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.2 of the General Conditions. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information.and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for perfoRnance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Cont�act Documents. S:\94159\4002'�SPEC\SEISMIC\BIDFORM2 BF-2 �''"'� � (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (fl BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings ideritified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and fumishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not . solicited or induced any person, f�for itsel�f an tladvant ge over a yI other�Bidd eo�r oEer � has not sought by collusion to obtain Y OWNER. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): o a TOTAL LUMP SUM BID PRICE . . . . . . . . . . . . . . . . . . ($ 9���a— -� N�ne � U � (Written figure) All specific cash allowances are included in the price(s) set forth above and have been computed in accordance with paragraph 11.8 of the General Conditions. 5. BIDDER agrees that the Work will be will be substantially complete within 150 days calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in acco�dance with paragraph 14.13 of the General Conditions within 180 calendar days after the date when the Contract Times commences to run. A detailed construction and operation phasing plan will be developed with the � Contractor, after contract award. This phasing plan shall minimize shutdown periods for I:\94159\4002'.SPEC\SEISMIC\BIDFORM2 BF-3 the Gordonville Tank. The Gordonville Tank cannot be drained to perform the work until after September 15,1999. � 6. The foilowing documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check� (b) Required BIDDER'S Qualification Statement with supporting data (if requested by Owner as stated in the Instructions to Bidders). (c) List of Subcontractors and Lump Sum Value of each Subcontract. 7. Communications concerning this Bid shall be addressed to: Name /�a�l�lSon C..;U/157�"�Gt�Dn � � ��'�/ � / , 1 .S � �/`c/�ir l�� , f�l'�.� (0377:�� Address �- �-5 �' �'"�7 7 (a) Performance and Payment Bonding Company /` � �/ /�_ � , Name �rnEr� cctr� LRS 1T W � � h , - �� �0�8 � � Address C��h � ��Z Agent\Power of Attorney Name (if used) Address 8. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions-�r Instructions. SUBMITTED on ��►'L�- �� , 19 R9 State Contractor License No. IF BIDDER is: An Individual B (Individual's Name) (SEAL) Y doing business as � I:\94159\4002\SPEC\SEISMIC\BIDFORM2 BF-4 � By (Individual's Name) (SEAL) doing business as Business address: Phone No.: A Partnership (SEAL) By (Firm Name) (General Partner) Business address: ��- _ _ �°" - Phone No.: ' � ����`� `�� ��. :«,.,.,.• �:'-: � _:� ,..- �,,. :.°��. ��; �.;-:' E- `. A Cor oration _ , b��SO� �� '�-��_" � �. !� ����-)� B ht nSon J'Y)['��in� i��,l /��t �. . cf�rs ,vc. B � � - y � (Corporation Name) ;=-"r=-_ ��'-.�`�~�, __ � � • .��i `"�' �:�"� t..,,,/'��.' _ r� ;_ ,,�, __ .....ti..� �:. _ _ (State of Incorporation) ' - � � : �' ` - .; , ' ' `'' i J ��•• _ . ♦ ;` . B - ` ,����'g'� y (Name of Person A"�utho�zed to Sign) f Y'G�nC(�_�� ���nSon /��<S/�o�t (Title) =-. (Corporate Seal) Attest Se retary) Business address: a IS /l� ���5 � -S� �r � �� I�� 1�'l (7 � 3�7,� Phone No.: ��� .�� 7 �..�c1 �7 �A-x S"73�.��7- �-3�l� Date of Qualification to do business is � � I:\94159\4002\SPEC\SEISMIC\BIDFORM2 BF-5 A Joint Venture (SEAL) � By (Name) (Address) (SEAL) By (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) � I:\94159\4002\SPEC\SEISHIC\BIDFORMZ BF-6 � BID OND Conforms with The American institute of Archttects,A.I.A. Document No.A-310 KNOW ALL BY THESE PRESENTS,That we, Robinson Mechanical Contractors Inc dba Robinson Construction Company, 215 North West Street as Principal,hereinafter called the Principal, Per ille, MO 63775 and the American Casualty Company of Reading, Pennsylvania � , a corporation duly organized under of CNA Plaza, Chica o, IL 60685 the laws of the State of Pennsylvania ,as Surety,hereinafter called the Surety,aze held and firmly bound unto City of Cape Gi�ardeau, 401 Independence Street, Cape Girardeau, MO 63703 as Obligee,hereinafter called the Obligee, inthesumof FiveoftheAmountBid -----------�-"�""- '--- ---------------------------------- Dollars($ 5% of the Amount Bid ) ,for the payment of which sum well and truly to be made,the said Principal and the said Surety,bind ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these presents. S,the Principal has submitted a bid for Potable Water Storage Tank Seismic Protection Improvements, Gordonville vva��ter S ora e Tank No. 1 NOW,'��FO�� ��e Obligee shall accept the bid of the Principal and the P���ed in the bidding or Con1=actiaDo uments�with in accordance with the terms of such bid, and give such bond or bonds as maY bc p P p � -�r��� hed in � c.- � .. � � good and sufficient surety for the faithful performance of suce P��al od nters uch Contract ando ile.sU b"bolid oT'b� �•�e g� ,._.:, ,,.;.._ ;. . the prosecution thereof, or in the event of the failure of th p �nd such Principal shall pay to the Obligee the difference not to exceed the penalty hereof o�e�o�e�W �ered "�s d.'���en-this �.;.�.. lazger amount for which the Obligee may in good faith contract with another party p : ��..',M _. . . • ,.,.. ,: obligation shall be null and void,otherwise to remain in full force and effect. =� '-� .h � r _.-� ;�y�. � " ��� ��!' ' '`� 19�3 - June __:=. . � � • _ - .. ,,•:�• :. Signed and sealed this 17th day of - .- ��� -' �� . Robinson Mechanical Contractor§;(nC•dba Robi�son-_ (Seal) Construction Company. ." ` � •i� • ' �Principal ',.. . . '* ��•• . ..-�`�' Karla J. Ad , Secretary Witness Title rancis E. Robinson, Presidez���� •� . ���„�,,., American Casualty Company of Reai�i'ing,;� ,,:,, , Penns Ivan' ' � ��'r� . . �� z� ��,. -' ,� ,`i` �, ' � .�.'!,2�� _ - � Witness { _. Barbara M. Straub � Attorney�in-Fac� . ., , ___ �j/.:.. •>� ' • ,'. . POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-iN-FACT Know All Men By These Presents, That CONTINENTAL CASUALTY COMPANY,an Illinois corporation, NATIONAL FIRE INSURANCE COMPANY OF HARTFORD, a Connecticut corporation,AMERICAN CASUALTY COMPANY OF RE�IDING, PENNSYLVANIA, a Pennsylvania corporation(herein collectively called'tf�e CCC Surety Companies'), are duly organized and existing corporations having tfieir principal offices in the City of Chicago, and State of Illinois, and that they do by virbue of tt�e signature and seals herein affixed hereby make,constiMe and appoin� Thomas R.Welsch, Dennis Lutr, Dennis Flatness, Barbara M. Straub,Taffra S. Holman, Rebecca L. Lile , Susan M. Stefanski, Individuall of St Louis, Missouri tt�eir true and lawful Attorney(s)-in-Fact wiUi full power and autt�ortty hereby conferred to sign, seai and execute for and on tt�eir behal bon s, undertakings and other oblivatory instruments of similar nature �n Unlimited Amounts- and to bind them thereby as fuUy and to the same extent as rf such instruments were signed by a duly authorized officer of their corporations a�d all the acts of said Attomey, pursuant to the authority hereby given are hereby tatified and confinned. This Power of Attomey is made and executed pursuant to and by authority of tt�e By-Laws and Resolutions, pri�ted on tt�e reverse hereof, duly adopted,as indipted, by the Boards of Directors of�e��rations. I�Wfiess Whereof,the CCC Surety Companies have caused tt�ese presents to be signed by their Gr;u�p�Vice President and their corporate seals to be hereto affixed on this 1 st day af February CONTINENTAL CASUALTY COMPANY ' ��,�sUq�T ,� 1N511R,�,yc ��"''°'�,b NATIONAL FIRE INSURANCE COMPANY OF HARTFORD .�!' j' ��Q' F ,� *t AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA �/� Cp�pPORATf `'� Q � a,�ccarowr� � , . o • � � �� < g ���� � j��'/�����' 'r 1 V. � J SFJ1L 'r s � � �a A� � � 1897 Marvin J.Cashion Group vice President State of Illinois, County of Cook, ss: February , '1999 ,before me personalty came On this 1 st day of Marvin J.Cashion,to me knovm,who, being by rne duly swom,d�d depose and say.tt�at he resides in the City of Chicago, State of 111inois;that he is a Group Vice President of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPAM'OF HARTFORD,and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA described in and which executed ti�e above instrumenfi that he knows the seals of said corporations;tfiat the seals affixed to the said instr'ument are such corporate seats;that they were so af`ixed pursuant to authority given by the Boards of Directors of said corporations and tt�at he signed his name thereto pursuant to like autt�ority,and acknowledges sarne to be the act and deed of said corporations. .,2�,o Ci � r10TARY �uc �� �'�orc cA-• - Nota Public My Commission Expires March 6,2000 Mary Jo Abel ry CERTIFICATE I, Mary A. Ribikawskis, Assistant Secretary of CONTINENTAL CASUALTY COMPANY, NATIONAL FIRE INSURANCE COMPAN�,',OF HARTFORO, and AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA do hereby certifiy that the Power of Atfomey her�in above set forth is still in force, and further certify that the 8y-Law and Resolution of the Board of Directors of each corporation print�d.on.t1»�. reverse hereof are still in force. In testimony whereof I have hereunto subscribed my name and affixed the seals of the said co(porationsl/�•. this 17th dayof June 1999 . - - � CONTINENTAL CASUALTY COMPANY • • � :: �sU.� tNu1R�,y �"'�y' NATIONAL FIRE INSURANCE COMPANY OF►1ARTFQR6 tir�' �r� f�Q'�` �F �`� �*c AMERICAN CASUALTY COMPANY OF REAOING,PENNSYLVANIA �'`� c�°a'trE �� ` o S ��,G�►a4T�D F . .. � Z � g � �' � ����' � � � �J $EI�L � �: i= < �r �~ 1897 � NA�� • Mary A Ribikawskis Assistant Secretary (Rev 1011197) --� � Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: is Power of Attomey is made and executed pursuant to and by autt�ority of tfie followirg By-Law duly adopted by the Board of Directors of _�c ompany. "Article IX--Execution of Documents Section 3. Appointrnent of Attomey-in-fact The Chairman of the Board of Directors, t�e President o�any Executive, Senior or Group vice President may, from time to time, appoint by written certificates attomeys-in-fact to act in behaff of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like nature. Such attomeys-in-fact, subject to the limitatio�s set forth in their respective certificates of authortty, shali have full power to bind the Company by their signature and execubon of any such instruments and to attach the seal of tfie Company tt�ereto.The Chairman of the Board of Directors,U-S2 President or any Executive, Senior or Group Vice President or the Board of Oirectors, may, at any time, revoke all power and authortty previously given to any attomey-in-fact' This Power of Attomey is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of February, 1993. 'ResoNed, that ti�e signature of the President or any Executive, Senior cr Group Vc�President and the seal of the Company may be affixed by facsimile on any power of attomey granted pursuant to Section 3 of Article IX of ti�e By-Laws, and the signature of the Secretary or an Assistant Secretary and tt�e seal of the Company may be affoced by facsimile to any certifipte of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Compa�y.My such power so executed and sealed and ce�tified by certificate so executed and sealed shall,with respect to a�y bond or undertafdng to wfiich it is attached,continue to be valid and binding on the Company.' � ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA: This Power of Attomey is made and executed pursuant to and by autf�ortty of tt�e fotlowing By-Law duly adopted by the Board of Directors of the Company. "Article VF—Execution of 061igations and Appointment of Attorney-in-Fact Section Z Appoirttrnent of Atbomey-in-fact The Chairman of the Board of Directors,the President or any Executive, Senior or Group Yice Presiderrt may,from time to time,appoint by written ce�tificates attomeys=m-fact to act in betratf af the Company in the execution of policies of insurance, bonds, undertakings and other obGgatory instruments af 6ke nature_ Such attomeys-in-fac�subject to tf�e fimitations �set forth in tt�eir respective certificates of authority,shall have full power to bind the Company by their signature and execution of any such nsVumerrts and to attach tfie seal of the Company thereto.The President or any Executive, Senior or Group Vice President may at any time revoke all power and authority previously given to any attomey-fn-fact' This Power of Attomey is signed and sealed by facsirtule under and by tfie authority of the following Resolu6on adopted by tt�e Board of Oirectors of tt�e Company at a meeting duly called and held on tt�e 17th day af Febnrary, 1993. 'Resolved,that tt�e signature of the President o�any Executive, Senior or Group Vce President and the seal of tt�e Company may be affrxed by facsimile on any power of attomey granted pursuant to Section 2 of Article Vl of tfie By-Laws, and the signature of the Secretary or an Assistant Sec�etary and the seal of tt�e Company may be affixed by facsimle to any certificate of any such power and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Company.Any such power so executed and sealed and ce�tified by cettificate so executed and sealed sha(I,witt�respect to any bond or undefialdng to which it is attached,continue to be valid and binding o�tt�e Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attomey is made and executed pursuant to and by autt�ority of the following Resolution duly adopted on Febn.iary 17, 1993 by the Board of Directors of tt�e Company. 'RESOLVED: That the President, an Executive Yice President,or any Senior or Group Vice President of the Corporation may,from time to time, appoirtt, by written certificates,Attomeys-in-Fact to act in behatf of tf�e Corporation in the execution of policies of insurance, bonds, undettakings and other obfigatary instruments of like nature. Such Attomey-in-Fact,subject to the limitations set forth in tf�eir respective certificates of authortty,shall have full power to bind the Corporation by tt�eir signature and execu6on of any such instrument and to attach the seal of the Corporation thereto.The President,a�Executive Vice President, any Senior or Group vice President or tt�e Board of Directors may at any time revoke all power and authortty previously given to any Attomey-in-Fact' This Power af Attomey is signed and sealed by facsimile under and by tt�e authorrty of the following Resolution adopted by the Board of Directors of the Company at a meeting duly called and held on the 17th day of Febnrary, 1993. 'RESOI.VED:That the signature of the President,an Executive Vice President or any Senior or Group vice President and the seal of �the Corporation may be affaced by facsimile on any power of attomey granted pursuant t,o the Resolution adopted by this Board of Directors on Fetxuary 17, 1993 and tt�e sig�ature of a Secr'etary or an Assistant Secretary and tt�e seal of the Corporation may be affixed by facsimile to a�y certificate of any such power, and any power or certificate bearing such facsimile signature and seal shall be valid and binding on the Corporation.My such power so executed and sealed and certified by certificate so executed and sealed,shall witt�respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Corporation." � CITY OF CAPE GIRARDEAU,MISSOURI Office of City Manager Council Letter No. 254 July 19, 1999 The Honorable Mayor And ' Members of the City Council City of Cape Girardeau,Missouri Deaz Mayor and Council Members: Subject: A Resotution Authoring the City Manager to Enter Into a Contract for Professional Engineering Services for an All Hazard Mitigation Plan. As part of the Project Impact—Building Disaster Resistant Communities initiative,the City has identified a ne.ed for an All Hazard Mitigation Plan. The Plan will help deterniine the City's risk to natural and man-made hazards. It will also identify and prioritize mitigation projects that can reduce the risk and loss for those hazards. The City was awarded$500,000 for mitigation activities through Project Impact by the Federal Emergency Management Agency. The City received a grant for preparing an All Hazard Mitigation Plan from the Missouri State Emergency Management Agency through the Flood Mitigation Assistance Funds in the amount of � $50,000.00 with a required local match of$16.666.00 for a total funding amount available of $66,666.00. 75%State grant funds and 25%local funds. The Hazard and Risk Assessment subcommittee of our Project Impact Committee,including City staff, solicited Requests for Qualifiactions from firms that may prepaze the plan. Three firms were selected for interviews and proposals were requested for two firnis. Discussions with the firms resulted in Burns and McDonnell Waste Consultants,Inc.out of Fenton,Missouri being the firm recommended for preparing the Plan. Their fee has been negoitated to a not to exceed total of $66,600.00 which is within the amount available for this project. It is r�;ommended that the Council approve the attached Resolution authorizing the City Manager to enter into a contract with Burns and McDonnell Waste Consultants,Inc. for preparing the All Hazard Mitigation Plan. Respect Submitted, `'✓'ti���� Kent .Bratton,Ci Planner ; chael G.Miller,City Manager � BILL N0. 99-171 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH BURNS AND MCDONNELL WASTE CONSULTANTS, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR AN_,.ALL HAZARD MITIGATION PLAN. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to enter into a Contract with Burns and McDonnell Waste Consultants, Inc. for professional engineering services for an All Hazard Mitigation Plan. A copy of said Contract is attached to this Resolution and made a part of hereof. PASSED AND APPROVED THIS DAY OF , 1999. � A.M. Spradling, III Mayor ATTEST: Gayle L. Conrad City Clerk � F��A� CITY OF CAPE GIRARDEAU � CONTRACT FOR PROFESSIONAL ENGINNERING SERVICES FOR THE PREPARATION OF AN ALL HAZARD MITIGATION PLAN THIS AGREEMENT, made and entered into this day of July, 1999,by and between the City of Cape Girardeau, Missouri, a municipal corporation, hereinafter referred to as "City" with offices at City Hall, 401 Independence St., P.O. Box 617, Cape Girardeau, MO 63702=0617, and Burns and McDonnell Waste Consultants, Inc. with offices at 17 Cassens Court, Fenton, Missouri 63026, hereinafter referred to as the"Consultant". WITNESSETH: THAT, WHEREAS, the City desires to engage the Consultant to render certain professional and technical services hereafter described in Exhibit A "Proposal for Professional Engineering Services,"dated June 25, 1999. WHEREAS, the Consultant made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Consultant for the performance of services by the Consultant. NOW, THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Consultant as follows: � 1. Scope of Services. The City agrees to engage the services of the Consultant to perform the Scope of Services hereinafter set forth in connection with project described in Exhibit A. 2. Additional Services. The City may add to Consultant services or delete therefrom activities of a similar nature to those set forth in Exhibit A. The Consultant shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and Shall be accepted and countersigned by the Consultant or its agreed representatives. 3. Existing Data. All information,data and reports in the possession of the City as are existing, available and necessary for the canying out of the work, shall be furnished to the Consultant at reproduction cost by the City, and the City shall cooperate with the Consultant in every reasonable way in carrying out the scope of services. The consultant shall not be liable for the accuracy of the information furnished by the City. 4. Personnel and Office Space to be provided. The Consultant represents that the Consultant has or will secure at its expense all personnel and office space required to perform the services called for under this contract. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Consultant. All of the services required hereunder will be performed by the Consultant or under the Consultant's direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under the state of local law to perform such services. None of the work or � services covered by this contract shall be subcontracted without the written preapproval of the City. 5. Insurance. During the course of performance of its services, Consultant will maintain Worker's Compensation, Employers' Liability, Commercial General Liability and Automobile Liability insurance coverage. 6. Professional Responsibility. Consultant will exercise reasonable skill, care and diligence in �""� the performance of its services and will carry out its responsibilities in accordance with customarily accepted standards of good professional practices in effect at the time of performance. 7. Notice to Proceed. The services of the Consultant shall commence as directed in the Notice of Proceed and shall be undertaken and completed in accordance with the schedule below. 8. Schedule. The Consultant agrees to deliver to the City the completed All Hazard Mitigation Plan in accordance with the schedule shown in Exhibit A. 9. Failure to Perform, Cancellation. If, through any cause, the Consultant shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Consultant shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five(5)days before the effective day of such termination. The Consultant may without cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Consultant under this contract shall, at the option of the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Consultant shall not be � relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Consultant. 10. Compensation. The City agrees to pay the Consultant an amount not to exceed $66,600.00 which shall constitute complete compensation for all services to be rendered under this contract. The final payment will be subject to receipt of a requisition for payment and a statement of services rendered certifying that the Consultant fully performed all work to be paid for in such progress payments in conformance with the contract. Such compensation will be paid in progress payments billed to the City for documented time and materials spent on the project based on the Consultant's June 25, 1999, fee schedule as provided in Exhibit D. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. 11. Assignment. The Consultant shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assigrunent or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assigrunent shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement,though City will attempt to so notify any such assignee. 12. Confidentiality. Any reports, data or similar information given to or prepared or assembled � by the Consultant under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Consultant without prior written approval of the City. 13. Equal Employment Opportunity. The Consultant agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or � ancestry, sex, religion, handicap, age or political affiliation, as further defined in Exhibit E, against any employee of Consultant or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 14. Civil Rights. The Consultant agrees in the performance of the contract to comply with all civil rights laws and regulations which are suminarized in Exhibit F. �- 15. Independent Consultant. The Consultant is an independent consultant and nothing herein shall constitute or designate the Consultant or any of its employees as agents or employees of the City. 16. Benefits not Available. The Consultant shall not be entitled to any of the benefits established for the employees of the City nor be covered by the Worlanen's Compensation Program of the City. 17. Liabili . The parties mutually agree to the following: a. In no event shall the City be liable to the Consultant for special, indirect, or consequential damages, except those caused by the City arising out of or in any way connected with this Contract. T'he maximum liability of the City shall be limited to the amount of money to be paid or received by the City under this Contract. � b. The Consultant sha11 defend, indemnify, and hold the City harmless from and against all claims, losses, and liabilities arising out of personal injuries, including death, and daznage to property to the extent caused by negligent acts of the Consultant in the performance of the work. 18. Documents. Reports, files, sketches, maps,plans, surveys,inspections, digital files prepared or obtained under the ternis of this Contract shall be delivered upon request to and become the property of the City upon ternunation or completion of the work. Copies of basic survey notes and sketches, charts, computations and other data prepazed or obtained under this Contract shall be made available,upon request,to the City without restrictions or limitations on their use. When such copies are requested,the City agrees to pay the Consultant its costs of copying and delivering same. 19. Nonsolicitation. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of making of this Contract. For breach or violation of this warranty, the City shall have the right to annul this Contract without liability, or, in its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such fee, commission,percentage,brokerage fee, gifts, or contingent fee. � 20. Books and Records. The Consultant and all his subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this Contract, and shall make such materials available at their respective offices at all reasonable times during the Contract and for a period of three (3) years following completion of the Contract. 21. Delays. The Consultant shall not be liable for delays resulting from causes beyond the � j reasonable control of the Consultant; the Consultant has made no warranties, expressed or "'`�` implied, which are not expressly set forth in this Contract; and under no circumstances will the Consultant be liable for indirect or consequential damages. 22. Notices. All notices required or permitted hereunder and required to be in writing may be given by first class mail addressed to: For The City of Cape Girardeau For Burns and McDonnell Mr. Ken J. Eftink Mr. Matthew Ballance City of Cape Girardeau, Burns and McDonnell Waste Division of Planning Services Consultants,Inc. 401 Independence Street 17 Cassens Court Cape Girardeau,MO 63702-0617 Fenton,MO 63026 The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. EXECUTED THIS DAY OF JULY, 1999. CITY OF CAPE GIRARDEAU � BY: Michael G. Miller,City Manager ATTEST: Gayle Conrad,City Clerk BURNS AND McDONNELL WASTE CONSULTANTS, INC. BY: Name: Title: ATTEST: Name: Title: � EXHIBIT A � : Waste ` �Consultants � � Inc. June 25, 1999 Mr. Ken Eftink Development Services Coordinator City of Cape Girazdeau City Hall 401Independence PO Box 617 Cape Girardeau, Missouri 63702-0617 Re: Proposal for Professional Engineering Services All Hazard Mitigation Plan Citv of Cane Girardeau Missouri Deaz Mr. Eftink: Burns&McDonnell is pleased to present this proposal to the City of Cape Girardeau, � Missouri (City)to prepaze an All Hazard Mitigation Plan(Plan). We understand the City requires the development of a Plan to address hazards and risks that may affect the City and its residents. We also understand the City will use the recommendations for mitigation actions and projects to pursue available funding to complete such mitigation effort. Burns & McDonnell will work as a partner with the City to produce a Plan that will be used as part of the City's Project Impact program to lead Cape Girazdeau toward the goal of being a disaster resistant community, as described in the following scope of services. SCOPE OF SERVICES Burns & McDonnell will prepaze a Plan to identify hazards and risks that could impact the City. The Plan will document existing mitigation programs used by the City to respond to hazardous and high-risk scenarios. The Plan will include recommendations for actions/projects to reduce loss of life, reduce property damage,reduce business losses, and minimize the City's recovery time and associated costs. The Plan will also assess and prioritize mitigation actions and projects to best utilize existing funding programs. Burns& McDonnell will dedicate a team of engineering and scientific experts to complete the preparation of the Plan. Burns & McDonnell's team of experts that will be assigned to the Plan project has over 150 years of collective engineering expertise. Our team consists of civil and environmental engineers, structural and seismic engineers, � flood and stormwater experts,planners, scientists,and geologists. Burns& McDonnell's project organization chart and resumes of key project personnel are presented in 11(assens Court Attachment A. Fenton,Missouri 63026 Phone:31�305-0071 ���D Fcx:314 326-8295 K�MKTG�CAPEIPROPOSAL51499.DOC hflp://www.burnsmcd.com : wdStC � Consultants � � Inc. Mr. Eftink May 25, 1999 Page 2 ' Burns & McDonnell plans to establish a field office in Cape Girazdeau during the project, making us readily available to work with the City and applicable agencies and public entities. Burns & McDonnell will also be available to attend meetings or other public forums to discuss the Plan and address questions and concerns. Burns & McDonnell will consult with other communities that have implemented similar Plans. We have reviewed Plans prepared by the Town of Westport, Connecticut and St. Clair County, Illinois. Burns&McDonnell maintains an AICP-certified planner who is very familiar with hazard planning efforts performed in southeast Missouri,the St. Louis metropolitan area, and in Illinois. Based on our June 9, 1999 meeting with Mr. Walter Denton of the City and you,we understand the City's original All Hazard Mitigation Plan scope of services has been modified to include the following: • The Plan will only include assessments of the lists of essential City facilities and the American Red Cross evacuation shelters, as provided to Burns&McDonnell � by the City. We understand the City plans to obtain hazard and mitigation information from Southeast Missouri State University, as needed. • The Plan will not include detailed flood and stormwater evaluations to meet the requirements of the Community Rating System(CRS)program(sections 450 and 510 of the CRS manual). Burns&McDonnell will only address flood and storm water evaluations,as they pertain to the Plan requirements. • The Plan will only include assessments of City hazards and mitigation efforts. Burns&McDonnell will not address such topics for Cape Girardeau County or surrounding communities. However, any overlap of mitigation efforts to be addressed in the Plan for combined City and County or other community programs will be addressed. • The Plan will only contain assessments of City bridges located along major access routes (e.g. Mississippi River Bridge). Burns&McDonnell will work with the City to identify and assess these bridges. • Burns& McDonnell will provide up to 25 copies (including 8 original copies)of the Plan to the City, following the completion of the project. Task 1 -Project Kickoff Meetin� As an initial step in the Plan preparation process, Burns & McDonnell will conduct a project kickoff meeting with the Hazard and Risk Assessment Subcommittee of the Project Impact—Disaster Resistant Community Steering Committee. The meeting wi� KVviKTC,�CAPb1P ROPOSAL51499.DOC � : Waste �Consultants r � • Inc. Mr. Eftink May 25, 1999 Page 3 , be held to introduce the Burns& McDonnell team to the City. We will review the project goals and objectives with the City, and address any questions or concerns the City may have at that time. Task 2 -Data Gatherin�g and Research Burns& McDonnell will gather and evaluate existing hazard and risk related information to be included in the Plan. Burns&McDonnell will consult with pertinent local, state, aad federal agencies regarding the hazards and risks facing the City. We will review the agencies' records regarding the City's historical hazard and risk-related activities. City Information Burns&McDonnell will consult with City personnel to obtain relevant information regarding the community. We will obtain information regarding the following subjects to be included in the Plan: � • Population • Schools • Land use • Building code • Government • Communications • Geography • Utilities • Geology • Law&order � Historical buildings/structures • Fire&rescue • Planning&zoning • Medical • Transportation � Public awazeness • Weather • Evacuation • Development trends • Temporary shelters • County/local municipality partnerships Hazard and Risk Assessment Burns& McDonnell will evaluate hazards and risks potentially facing the City. We will assess the potential occurrence, subsequent effects and potential mitigation measures of both natural and"man-made" hazards by: • Assembling a brief history of each hazard or risk as it relates to the City, • Performing a vulnerability assessment for each hazard on risk, • Reviewing the City's existing mitigation measures, • Identifying the City's capabilities and resources, and � • Identifying mitigation objectives and actions the City should undertake. KVvIKTC,�CAP 61PROPOSALS 1499.DOC : Waste � 0 Consultants, � � • Inc. Mr. Eftink May 25, 1999 Page 4 • Hazards and risks to be assessed include: Natural Hazards "Man-made" Hazards • Tornadoes/severe weather • Fires • Floods • Nuclear power plants • Drought • Hazardous materials and other � Heat wave environmental issues • Earthquakes • Mass transportation accidents • Dam failure • Civil disorders • Terrorism • Attacks • Loss of utility services • Loss of communications services Task 3 -Assessment of Essential Facilities Burns & McDonnell will evaluate essential facilities that must remain operational d ��; a disaster or emergency for response and recovery. We will analyze the survivabili u,� functionality of the facilities. However,this proposal does not include a detailed structural analysis of these facilities. We will also identify additional facilities that may be needed, but are not currently available in the community. A list of essential City facilities (provided by the City)to be evaluated in the Plan is presented in Attachment B. A list of American Red Cross evacuation shelters(provided by the City)to be evaluated in the Plan is also presented in Attachment B. Task 4 -Assessment of Communications Systems Burns & McDonnell will assess the City's communications systems used to respond to hazards and risks. We will identify, evaluate, and make recommendations regarding the following: • Local,regional, state, and interstate communication systems • Pre-disaster public information and warning systems • Other post disaster public information systems Task 5 -All Hazard Mitigation Plan Burns& McDonnell will prepaze an All Hazard Mitigation Plan documenting the City's mitigation plans in response to hazards and risks. The Plan will include the following minimum components: � KVvIKT('�i CAPEIPROPOSAL51499.DOC � : Waste �Consultants, � � • Inc. Mr. Eftink May 25, 1999 Page 5 , � The type of expected hazard or risk, • A description of the hazard or risk, • The historical occurrence of the hazard or risk in the Cape Girardeau area, • The probability of future occurrence, severity, and potential impact of hazards and risks on the City, and • Recommended mitigation actions. Our preliminary Plan outline is presented as Attachment C. The Plan will include a listing of applicable agencies contributing to the preparation of the Plan for the City's future reference. The Plan will also contain a detailed explanation of funding programs available to the City. Burns& McDonnell will provide copies of source documents used to prepare the Plan for the City's files. Burns& McDonnell will assist the City with the preparation of cost estimates for recommended mitigation actions,as needed. SCHEDULE � Burns & McDonnell will initiate project activities within one week of our receipt of written notification to proceed from the City. We will deliver a preliminary draft Plan to the City within 120 calendar days of the project start date. We will meet with the City's Hazard and Risk Assessment Team to review the preliminary draft Plan. We will deliver a second draft Plan to the City within 30 days of our receipt of the City's written comments. We will deliver the final draft Plan to the City within 30 days of our receipt of the City's written comments to our second draft Plan. Burns&McDonnell will present the final Plan to the City's Project Steering Committee. FEES Burns& McDonnell proposes to complete the project scope of services for the estimated fee of$66,600. We propose to complete the project on a time and materials basis in accordance with our terms and conditions presented in Attachment D. We will not exceed the estimated fee without written approval from the City. Burns & McDonnell will address changes in scope in accordance with the Burns& McDonnell 1999 Schedule of Hourly Professional Service Billing Rates presented in Attachment E. � K\MKTGICAPEU'ROPOSAL51499.DOC : WdStC � Consultants, � � • Inc. Mr. Eftink May 25, 1999 Page 6 • Should you have any questions or require additional information, please feel free to contact us at (888) 805-0077. We look forward to continuing our positive relationship with the City. Thank you for your consideration. Sincerel � Dr. John A. Ruf, P.E. Vice President Curt D. Fahnestock Regional Office Manager �� Attachments Cc: Walter Denton, City of Cape Girardeau Matt Ballance, Burns &McDonnell Denny Welker, Burns & McDonnell � KVvtKTC,�CAPEIPROPOSAL51499.DOC EXHIBIT B � City Essential Facilities Police Headquarters Fire Station 1 City Hall Fire Station 2 Public Works (Office and Shop Only) Fire Station 3 Airport terminal building Fire Station 4 Airport Runways (general terms only) City EOC (in Fire Station 1) Water Plant 1 Water Storage Tanks (general terms only) Water Plant 2 Flood Pump (1) - Main St. Levee District Sewage Treatment Plant Flood Pump (1) - N. Main Levee District Downtown Floodwall and Levee (general) St. Francis Hospital (general terms only) � City Arena Building Southeast Hospital (general terms only) City Osage Community Center County Health Office City Convention and Visitors Office Humane Society Office (animal shelter) Totals 17 Buildings to do walk through inspect and report on. 2 Hospitals to report on in general terms based on information available. 1 Airport runway in general terms. 1 Downtown Floodwall and levee in general terms. 1 Ciry Emergency Operation Center located in Fire Station 1. 7 Water Storage Tanks in general terms (you did the Seismic protect valves) 2 Flood pumps � EXHIBIT C Burns & McDonnell � Preliminary All Hazard Mitigation Plan Outline Cape Girazdeau, Missouri I. Purpose and Introduction A. Introduction � B. Purpose C. Organization Meeting II. Community description A. Cultural Setting 1. History of Development 2. Population Growth 3. Land Use 4. Economy 5. Transportation 6. Utilities 7. Public Facilities 8. Services- Fire, Police, Ambulance, Medical, 9. Communications. B. Physical Setting � 1. Geology 2. Geography 3. Climate 4. Weather III. Hazard Identification A. Natural Hazards 1. Type of Hazard 2. Description of Hazard 3. History of Hazard 4. Probability, Severity and Impact of Hazard 5. Current Mitigation Efforts B. Man-made Hazards 1. Type of Hazard 2. Description of Hazard 3. History of Hazard 4. Probability, Severity and Impact of Hazard 5. Current Mitigation Efforts . �.� KV�iKTG1CAPElPAHM PO.DOC � IV. Essential Facility Assessment A. Public Buildings B. Utilities C. Transportation Facilities D. Communication Facilities E. Medical Facilities • F. Emergency Shelters V. Assessment of Federal, State and Local All-Hazard Mitigation Planning Efforts A. Federal Programs B. State Programs C. Local GovernmentaULJniversity Efforts D. Local Industry Efforts VI. Plan Formulation A. Develop Goals and Objectives B. Assessment Sumrnary of Risk and Hazards C. Assessment of Existing Natural Disaster Planning D. Assessment of Man-made Disaster Planning E. Development of Floodplain/Stormwater Management Strategy F. Prepare Preliminary All Hazard Mitigation Plan G. Hold a series of Public Information Meetings � VII. Final Plan Development � K Vv1 KTG�C A P El P A H M P O.DOC EXHIBIT D Schedule of Hourly Professional Service Billing Rates � Position Classification Hourly Classification Leve( Bitling Rate General Office' S $35.50 Technician' 6 $37.00 Assistant' 7 $41.00 8 $58.00 9 $66.00 StafF' 10 $73.50 11 $79.50 Senior 12 $86.50 13 $95.00 Associate 14 $105.00 � � 15 $108.50 � Principal 16 $112.50 17 $115.50 Notes 1. Position dassficaGons Gsted above refer to the firtn's intemal dassification system for employee compensation. For example, "Associate,""Senior,"eta,refe�to such positions as"Assoaate Engineer,""Se�ior Architecf,"etc. 2. The hou�iy rates shown above are effecfive for services through December 31,1999,and are subjed to revision thereafter. 3. Fo�any nonexempt personnel i�positions marked with an aste�sk(7, overtime will be billed at 1.5 times the hourfy labor billing rates shown. 4. Projed Gme spenf by corporate officers will be bitled at the Principal rate(Level 17)plus 25 percent. 5. For outside expenses incuRed by Bums�McDonnell,such as authorized Vavel and subsistence,and for services rendered by others such as subcontradors,the dient shall pay the cost to Bums�McOo�nell plus 10°/a. 6. Monthly invoices wdl be submitted tor payment covering services a�d expenses during the preceding mo�th. Invoices are due upon receipt.A late payment charge of 1.5°k per month will be added to aN amounts not paid within 30 days of the invoice date. � Fortn BMR899 � EXHIBIT E Equal Emp[oyment Opportunity Equal Employment Opportunitv. During the performancc of this Contract, thc Contractor agecs as follows: a. The Contractor will not discriminate against any employee or applicant for employment because of race, crccd, sex, color oz national origan. The Contracior wilt takc affirmative action to ensure that applicants are cmployed, and that employecs are treated during employment, without rogard to thcir raco, crecd, sex, color or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; ruxuitment or rccruitm�ut advertising; layoff or termination; zatcs of pay or other focros of compensation;and selection for training,including apprentic�ship. The Contractor agrecs to post in conspicuous places, available to employus and applicants for employmont,notices setting forth thc provisions of this non-discriminatioa dansc. b. The Contrador wiIl, in all soIicitaiion or advertisemcnts for employecs placcd by or on behalf of the Consultant,state that a11 qualifi�d applicants wiI! r�aivo consideration for omploymont without r�gard to race, creed, color, sex, or national origin. c. The Contractor will cause the foregoing provisions to bo insert�d in aIl suboontracis for any work covered by this Contrad so that such provisions will be binding upon each subcontrador, provided that the forogoiag provisions shall not apply to contrads or subcontracts for standard commercial suppiies or raw matetials. � d. The Contracior will compIy with aII provisions of Exu:utive Order 11246 of September 24, 1965, and of the rules, regulations and roievant ordors of the Secruary of Labor. e. The Contrador will furnish aIt information and reports requircd by Ez�cutive Order 11246 of Soptomber 24, 1965,and by tho rules, regulations and orders of the Secretary of I.abor, or pursuant thereto, and will permit acass to his books,records, and acoounts by the County's Depariment of Housing and Community Devolopment and the Socretary of Labor for purposos of investigation to ascertain complianc.� with such rules, regulations and orders. f. In thc event of ihe Contrador's noncomplianc.��vith tho uon-compliancc dauses of this Agra�mant or with any of such rules, regulations or orders, this Agreement may be cancolod, terminatcd, or suspeaded in � whole or in part and the Contrador may be dcdarcd ineligible for further Government oontracts in accordancc with proceduras authoriud in Ezccutive Order 11246 of September 24, 1965, and such other saadions maybe imposed and remedies invoked u provided ia Executivo Order 11246 of Septembor 24, 1965, or by rule, regulation, or order of the Secrotary of Labor� or as othorwiso providcd by law. g. Tho Contrador will indude thc provisions of paragraphs (a)through(g)in evory subcontract or purchase order unless cx�mpted by rules, regulations or orders of tho Secretary of I,abor issued pursuant to Section 204 of Exuutivc Ordor 11246 of Scptombcr 24, 1965, so that such provisions will bt binding upon cach subcontractor or vendor. Tho Contractor will take such acxion with rosped to any subcontract or purchase ordor as the County's Department of Housing and Community Devolopment may direct as a means of onforcing such provisions including sandions for noncompliance. Provided,howevor, that in tho ovent the Contractor bccomes iuvolved in, or is threatencd with,litigation with a subcontracior or vcndor as a result of such dircciion by the County's Deparinicnt of Housing and Community Developmont, the Contractor niay request thc United States to enter into such litigation to protcct the interests of the United States. Civil Ri�6ts Act of 1964. Under Title VI of the Civil Rights Act of 1964. no persou shall, on thc grounds of racc, ��olor, or national origjn, be exduded from partidpation in, be deni�d tho bcne5ts of, or be subjectcd to discrin�ination undcr any program or activity r�c�iving Federal financial assistance. Scction 109 0[ tiic Ifousiut± and Comrtiunity Dcvclopmeut Act of 1974 � a. No person in thc Unitcd States shall on thc ground of race, color, national oripn, or sex bc excluded from participation in, bc denied the bene$ts of, or be subjected to discrimination undcr any progam or activity fundcd in wholc or i❑ part with funds madc available under this tille. "Scction 3" Compliancc in thc Provision of Training Employment and Business Opportunities a. Thc work to be performed under this contract is on a project assisted under a program providing direci Housing and Urban Development and is subject lo the requirements of Section 3 of the Housing and Urban Dcvelopment Act of 1968, as amended, 12 U.S.C_ 1701u. Section 3 required that to the greatest ertent feasible opportunities for Iraining and employment be given lower income residents of the project area and contraces for work iu connection with the project be awarded to business concems which are located in, or owned in substantial part by persons residing in the area of the project. b. Thc parties to this contrad will comply with the provisions of said Sc,ction 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban D�velopment sot forth in 24 CFR 135, and aIl applicablc rules and orders of the Department issued thereunder prior to thc ezecution of this contrad. The parties to this contract certify and agree that they aro under no contractual or other disability which would prevent them from complying with these requirements. c. 'I�e contractor will send to each labor organization or representative of workers with which he has a collective bargaining ageement or other contract or understanding,if any, a notice advising the said labor organization or workers' representative of his commitments under this Section 3 clause and shall posi copies of the notice in conspicuous places avaitable to employees and applicants for omploymont or training. d. The contractor will include this Seciion 3 clause in every subcontract for work in connection with the � project and will, at the direction of the applicant for or recipient .of Federal financial assisiance, tal:e appropriate action pursuant to the subcontract upon a finding that the subcontrador is in violation of rcgulations issued by the Sccretary of Housing and Urban Development,24 CFR Part 135. Tho contractor will not subcontraci with any subcontrador where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 13�and will not lot any subcontrad unless tho subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Scdion 3, the regulations set forth in 24 CFR Part 13�, and all applicablc rulcs and orders of the Department issued horeunder prior to the exuution of tlie contract,shall bo a oondition of the federal finandal assisiance providod to tho project, finding upon tho applicant or recipient for such assistance, its sucassors and assigns. Failure to fulfill ihese requiroments shall subjecl the applicant or recipient, its contradors and subcontradors, its sucoessors and assigns to thoso sandions specified by thc grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR Pari 135. � � cx��taiT F Civil Rigftts Title VI of the Civil Ri�hts Act of 1964 provides that no pc:rson in the United Statcs shall, on the ground of race, color, or national oripn, be excluded from partiapation in, be denied bencfits of, or bc subjected to discrimination under any program or activity receiving Pederal financial assistauce. Title VIII of the Civil Rights Act of 1965, as amcnded, provides that no person shall, on the basis of race, color, rcligion, national origin, handicap or familial status, be discriminated against in housing (and related facilities) providcd with Fcdcral assistance or Icnding practices with respect to residential property when such practiccs are connectcd with loans insurtd or guarantetd by the Fedcral Crovccnmcnt. Scctioa 109. Housing and Communitv Ikvelopmont (HCD)Act of 1974, as amendcd, provides thai no person in � the Unit�d Statas shall, oa the ground of raco, color. rolipoa or religjous affiliatioa, national origin. or scx be excludod from participation in� be denied tho bcnefits of, or be subjccted to discrimination under any program or adivity fundod in whole or in part with funds made available undor Title T of the Housing and Conimunity Development Act of 1974. Section 3 of the Housing and Urban Development Act of 1965, as aniended. provides that, to the greatest eatent fcasible,opportunitics for training and employment shall be r_ivcn to recipients of public housing and lower-income residents of thc unit of local government or thc nictropolitau area (or non-motropolitan county)in which thc project is tocated; oontrad work in conncdion with such projc.cts shzll be awardcd to businGss concerns which are owned in substantial part by persons residing in tho samc metropolitan azea (or non-metropolitan county)as the project, ��employ Section 3 r�sidents in fuli-time positions, or subcontract with businesses which provide economic opportuniti�s to lower-income persons. Section �03 of Rohabilitation Ad of 1973, as amended, provides for the noadiscrimination in contractor employment. AII recipients of Fcderal funds must cenify to thc followiag through all contracts issued: Affirmative Action for Handicanved Workers (a) The contracior will not discriminate against any employee or applicant for employment because of physical or mental handicap in rc�ard to any position for which the�mployee or applicant for employmtnt is quali5ed. The contrac[or acrees to take affirmative action to eniploy, advance in employment and oth�rwise treat qualified handicapped iudividuals without discriminatiou based upon their physical or mental handicap in a11 employment practicrs such as the following: Employment upgrading,demotion or transfar,recruitment,advertising,layoff or terminalion,rates of pay or othor forms of componsation, and seluxion for training. including apprenticeship- (b) Th�contrador agrees to comply with the rules, regulations, and relevant orders of tho Secretary of Labor issu�d pursuant to thc Act. (c) In the event of the contrador's noncompliance with the requirements of this clause, adions for noncompliance may be takon in accordancc with the rules, regulations, and relevant orders of the Secretary of Labor issued pucsuant to the Act. (d) The coatractor a�rees to post in conspiaious placcs, available to employees and applicants for employment, notices in a form to bc prescribod by the Director. provided by or through the contracting officer. Such notices shall state the contractor's obligation under the la�v ta tal:e afficmative actioa to employ and advancc� ia eniployment qualified haudicappod eniployees and applicants for ciuploynicut, aud thc rights of applicants and employees. (c) TLc contractor wiil notify eacli labor uuion or rcpreseutativ� of workers with which it has a collective bar�aining abreemcut or othcr contract understanding, thal thc contractor is bound by thc terms of Scction �03 of thc Rcl�abilitatiou Act oC 1973, awd is comuiitted to take affirniative action to cmploy and advancc in cn�ployiucnt physically and mcutally handicappcd individuals. � (n 1't�e contractor will include thc provisions c�[ this clause in cvery subconiract or purchase order of $2,�0o or morc, unless cxcmptcd b� rulcs, rc�ulations, or orders of the Sccrctary issued pursuant to Scctio❑ 503 of Ihc Act, so that such provisions will bc bindinb upou cach � suUcontractor or vendor. The contraclor will tal:e such action with respect to any subcontractor or purchase ordcr as the Director of the Office of Federa! Contract Compliance Programs may direct to enforcc such provisions, including action for noncompliance. Scction 504 of thc Rehabilitation Act of 1973, as amended, provides for nondiscrimination of an otherwise qualified individual solely on the basis of his/her handicap in benefiting from any progam or aEtivity receiving Federai financial assistance. All recipients must certify to compliance with all provisions of this Section. AQe Discrimination Act of 197�. No person in the Unitcd States shall, on the b�sis of agc, be excluded from paRicipalion in,be denied the benefits of,or be subjected to discrimination under, any program or activity receiving Federal financial assistance. Fxecutive Order 11063, as amended. All departments and agencies are direcied to take all aciion necessary and appropriate to prevent discrimination in housing and related fadlities owned or operated by lhe Federal Government or provided with Federal financial assistance and in the lending practices with respect to residential property and related faciliti�s Cncluding land to bo developcd for residential use)of lending iastitutions,insofu as such pradices relate to loans insured or guaranteed by the Federal Government. Ezecutive Order 11246, as amended, provides that no petson shall be discriminated against on tht ba�sis of race, color, religjon,sex, or national origin in any phaso of�mploymont during the performance of Foderal or federally- assistcd construction contracts in excess of 510,000. The followingdvi! rights requirements also apply to CDBG grantees performance: Grantees shall comply with E�ecutive Order 11246, as amended by Executive Order 12086, and the regulations issued pursuant thereto(41 CFR Chapter 60)�vhich provide that no person shall be discriminated against on the basis of race, color, religion, sex, or national oripn in all phases of employment during the performance of Federal or federally assisted construction contracu. As spccified in Er.ecutive Order 11246 and the implementing regulations,contraciors and subcontradors on Federal or fcderally assisted construction contracts shall take afficmativc adion to ensure fair treatment in cmployment, upgrading, demotion or transfer, recruitment or recnutment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for � training and apprenticeship. Section 106(d)(�XB)of Title I of the Housine Communitv Developmcnt Act of 1974, as amended, provides that the grantee will affirmativety further fair housing. Section 519 of Public Law 101-144 (the 1990 HUD Appropriations Act) requires each unit of general local government which receives Title I fiinds to adopt and enforce a policy prohibiting lhe use of excessive force by law enforcement agendes within ils jurisdiction against any individuals engaged in nonviolent civil righis dcmonstrations. Section 906 of the Ganston-Gonzales National Affordable Housin�Act amend�d subsection 104(1)of the HCD Act of 1974. Thc provision states that no CDBG funds may be obligated or expended to any unit of general local government that fails to adopt and enforce a policy of prohibiting the use of oxcessive force by law enforcement agencies within its jurisdidion against any individuals engagcd in non-violent caivil rig�ts demonstrations, or fails to adopt and enforce a policy of onforcing applicable state and local laws against physically barring entrancc to or ezit from a facility or location which is the subject of such non-violent civil rights demonslration within its jurisdiclion. Unlike a similar prohibilion in the FY 1990 Appropriation Act, the amendment clearly applies to all units of general local governnient, including counties. Section 912 of the Cranston-Gonzales National Affordable Housing Act amended Section 109(a)of the HCD Act of 1974 to prohibit discrimination on the basis of religion or rcligious affiliation. � � OTHER � � � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter No. 2,55 Agenda July 19, 1999 The Honorable Mayor �• and Members of the City Council City of Cape Girardeau,Missouri Dear Mayor and Council Members: � Subject: Acceptance of Improvements of Mekose III Subdivision and Release of Escrow This is to advise that the street, storm and sanitary sewer, stormwater and water improvements for Sewer District 12-KK-4 Melrose Place III Subdivision have been completed generally in accordance with appmved plans. This twenty-eight lot residential subdivision is located south of Lexington Avenue between Perryville Road and Delwin Street. The record plat was approved by the City Council on September 8, 1998. At this same Council session a resolution approving an escrow agreement in the amount of$306,462 was adopted. , � It is recommended that the street, sanitary sewer, stormwater and water improvements, as shown on the plans approved for the above subdivision, and the storm sewers in the street right of way,be accepted into the City's systems by Council motion and the escrow agreement covering these improvements be released by Council motion. espect y submitted, ,' �� / �� . %� Mazk Lester,P.E. ;� Ci gui i chael G.Mi er City Manager MAL/MGM/dc � Y; • �,,. M,� 'µ� �` a t� `* � . �.��= t' `;Y'�'�fi`�t�\�i�`��G� TK'��k}���d!,E 'Y1.�:' � ' '.F �l\,�,'�Ki � �+�4 �. 'T . 7 `{'��A"Y. �.v`.. ,i 4c.�,�/•,_�`�` �Tp,.�� :J.� 1(.!i ' �(,�y�y�" .�i ���K• "1 �.� v. ..'�i�` +,'�. .,.. ._ _..�..._......,__........._._..�.... �.n...1....� ..e..:,a.:, � � , . ::f ' � Y . '.)f � ..t� � ., �-._ r��r: : .:{� 7:. i �' ' a . {,.. y..r'� r; .' S _: � .t � i _ i � - ` ' : :. -: �.ti ., y � T��t � J � a + " �' i ' i '�L ;C.+ e t�`yi-1 t�-"Y' �t'�. ?.Y�f1�'�'�{@ '`,� r rt � �� ��"�k � ���``y'1 �:. �:j ..�. . O�!'�F`. l• 5 ��1:.''�' f y,Ss; - '�� '- t '. ' :.f.. � `� �4�..-�n '.��v ,v� � ; � �� � l �� � j � � � I t , � . ��: "� `` -�` . .��_� -.�1` .1�`'��:,.�._ � � xy_f��v � , �:. �,�;r�;��� �� �.a� i��sl C��p� � ,. , �,Y ... e __ . '� ����`����' �ock G�. � Ca�� Ro��; � � ;SEenic ��;;� � DYerlaa� x. � ,�%; � � �� ��f: ' r- � �i%'i ,.��, r r;,G '. d��,��ti.. �= � - ` � ��1� l��r�ing .� � �� �� ��� � : �,:_ �a�ksaa ��s�� � __ . :�� f z. �,: ���� ��I�� � ;_.,. .,�;;:� ,� � �fl«'��511r Y.:S f ':�i::: � �ti. }_..: � � � NarIDal . � �. � ��4 � :� � ; � Rta� ��1 _ F � � _; ��� -� �n�e e nd�n�e = , r t ] f ���; � � �ll�l��i� � ,, :,���J i i � , ' �1£.� .� �� � I �`3, _ � ���� � � .--► '� i� ��',`_µ 'Ly ►--- Q u.: '' � � � �=, t:'�....: � � � � c� �" � � v� �� J� - - - k�C Tnda�stfi�l P��rk :;;:,. r - r _ � � � � '��� � � � � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager � Council Letter No. 256 Agenda July 19, 1999 The Honorable Mayor • and Members of the City Council City of Cape Girazdeau,Missouri Dear Mayor and Council Members: Subject: Acceptance of Improvements of Melrose N Subdivision This is to advise that the street, sanitary sewer, and water improvements for Sewer District 12-KK-4 Melrose Place IV Subdivision have been completed generally in accordance with approved plans. This twelve lot residential subdivision is located south of Lexington Avenue between Perryville Road and Delwin Street. The record plat was approved by the City Council on March l, 1999. At this time the developer had completed the sewer and street improvements and deposited a check in the amount of$8,050.00 with the City as a guarantee to cover the cost of the water line installation. It is recommended that the street, sanitary sewer, and water improvements, as shown on � the plans approved for the above subdivision be accepted into the City's systems by Council motion and the$8,050.00 check be released to the developer. Respectfully submitted, ��- C'���4��� ��! �:�' Mar . Lester,P.E. ' Ci Engineer �- _ � Michael G. Miller City Manager MAL/MGM/dc . .��;:z . ���+.*r cii }'."��X M � � ..�. t,� -�.. . .. ; '�,�sl�,t`w�� \��1. v�''`�`4r�lsy'�,$.�'-, cs3't��7:: ; ?'�i:'� .ki-:r + ,.•t � �,)� t �; .+� .1':,'. - i� 1. '`� a�. ��f?A' F�. �J7r w��� T ��Ca�ky k ..__. .......__...... -�. ...................u...�-.... .... .,.. -'�+c.�l�ali:'_ � . � � �, •. �' ��� ] hJ t - �� ( � f y ' �.. ,t.js . r � : r'�', :r( ..+ �J ` .�., v �?!:. . > ) j �t�3 t . \ 'X i : 1 ' ... � ' r . . a : ty � w,�.:,ti� t � � ",.c�,!�'�s#t�'','5i �i�y��<-'`,� ..t.;�e. .t?t^ �r'?'r�?'+r:¢ ..� "' � ry �+��iA�F`� -�' -._�t � �� t ry,� t` L���{' � �,���,. .��. - '•'��' � ' � � �� � 1 � � j t � !r � I x•:. �-r '::.�.��1. r '�� • �'�.'�_ 1 .�.; 14' � • r~_��T��� ��� .�l:3� l,ll L f ;�. �` . . ����� .����,. � :. E �.,. / �.,� . .'.. _ �1��`� �oE}� G�. �. ��ap��o�� ::;:�_ :�:;;: � �E�ni� ` :�� � � ��e��aa� ,. ��_.,< ! ,� � '�,.���,� ���1; -_ ::�. / �. � , � M����- // �� - =. h? : ��� ��rfltn�� : � T� ��. �,�, - .r �a��saa �� � _ �...�-.� :.;;::�<✓R;; ��'� �'�' `x 23. ���, , $EI�O_ -� . � �;;t�. � .� �n�r'�151�Y - � � y��-,,�y', c� � a.. �d�IIl3� � , ��ti � y ,' 4%,. � jJ.tA� ��I '-r r'p �� y - `�.� * � •__ tz -� �Il{�� �tl��f10E - , ,� . � _ : ,�`�,L � � �11�1�It� _ '. ��: ;;��>. . � � ` � ��� � ' �: ���` ��a� ,� � �. � I � I� � � � �': -� F--� cr �r; ir a� ` fi7 � '� F--a ` � r' � c� w:;:; ,q � : � � � � • � rW � - .� s!� � ;C �l �'.;.: � - Tnd»stfi�l Park r:':': •f�:. t :.y�- ..'h:y. .:.t. " .;C � � �� '� '� � � � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter No. 257 Agenda July 19, 1999 The Honorable Mayar and - Members of the City Council , City of Cape Girardeau,Missouri Dear Mayor and Council Members: Subject: Acceptance of Water Main Extension to Serve Forest Hills Estates Subdivision This extension of the water distribution system which will serve Forest Hills Estates Subdivision, located East of North Sprigg Street is now complete,in accordance with the plans and specifications approved, and ready for acceptance into the City's water system. A motion to accept this 6" water line into the City's system is requested. � Respectfully submitted, r � �� - / : k A. Lester,P.E. ity Engineer i Michael G. Miller City Manager MAL/MGM/dc � � � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager Council Letter No. 258 Agen�July 19, 1999 The Honorable Mayor and Members of the City Council . City of Cape Girardeau,Missouri . Dear Mayor and Council Members: Subject: Request for Withdrawal of Sewer Improvement Plans for Golden Eagle Subdivision At its May 18, 1998, session, the City Council approved improvement plans for the construction of streets, stonn sewers, sanitary sewers and detention basin improvements to serve Golden Eagle Subdivision. This 11 lot commercial subdivision is located in the 1900 block of N. Kingshighway and is in Sewer District 14-1-F-1. Since that time, the developer has changed engineers and been provided with information that provides alternative means of providing sewer � service to}us subdivision. In 1995 the City constructed a sanitary sewer main, commonly referred to as the N. Kingshighway sewer, which runs through and along the east and west property lines of the subdivision. The attached drawing shows how the developer can utilize these existing lines and not have to construct the sanitary lines proposed on his original plans. Therefore, the developer requests that the sanitary sewer improvements on the approved plans for Golden Eagle Subdivision be withdrawn It is recommended that the Council approve by motion the developers request. Respectfully submitted, � �� Mark A. Lester,P.E. City gin r � ich City anager � I I � I W� I � I I � � � � � � J I I H . I W /' ' � _I _ .i�� I / �< \ W � ~ $� . �� � / a uWi � �� � 1 i ��_ . �� � I I �N J � I < �W _ � R� _� I � � �\ / � I I W� N= . i o � � W� I I J I I J � / y�S _ � N �� �� � � SS�S SS SS N_--SS--� � I � � � � i Z� � �� �" �R< � O �Q I - - � i n II IW� � Xa I I � I W Vl J m N � II I � � � I — . — . �W � = I I z� � F� �W N M J �'W I" I W= � I � I I W�W � �� I I J I I I I N W W� � � � � � � � Z � � � � � � �N � - - � I o � � � > o � � � ' J _ I I � � a�� I � � ��� yN � ' I I I Z$=� F� I o� � I I ZZ �a I �= I }� � N �9 ' W� • I 8W o ( Wm � �� �� I � � a� � ' N/- I � I I � �, ' � ~ � 'I 0 � I — — I . IJ I I I y� I I � � o ' ' I 0 �"� � J � � � I ��< I � ��� � F�� . s , — . � . L ��� � i i � � . � I � �� I , , CITY OF CAPE GIRARDEAU � Office of the City Manager Council Letter No. 259 Agenda July 19;��1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Preliminary Plat of Crites 10`�Subdivision Larry Haertling, West Cape Development Corporation, has submitted a preliminary plat for Crites 10'� Subdivision, which is located in the 500 block of North Silver Springs Road. The preliminary plat is for commercial development under the existing C-2 zoning for the site. The Planning and Zoning Commission approved this preliminary plat by a vote of 8 in � favor and none in opposition, at its meeting on July 9, 1997. In accordance with Section 25-40 of the Gity's Subdivision Ordinance, should the Council approve the preliminary plat, the Clerk should be directed to note the date of approval, sign and affix the City sea1. The plat will then be returned to the developer who may then proceed with the preparation of improvement plans. Respectfully submitted, .J%J�'�K� � ent M. atton City anner : � ich City Manager KBM/MGM/rlf � Cri�es IO+h Rdai�ion '� , PfC�tminary �� o �vnv�i �.��:�o��. ��a�� ..�v� ..�.... �• � r�ORTH, RaNGE t3 EAST OF ThE � CITY AND COUNTY OF CAPE 1 I I � . ' p �-., TOPOORAPFYC DATA TAKEN RiOM T�E CrtY OF ' � � ��E ` �S CAPE OIHAHDEAU 2 FOOT CONTOUFi MAP9. I oF ore 1/2" DiA. iRON RODS TO BE SET AT ' �;rortrOF �i�.� � ALL CORNERS UNlfSS OTMERWISE INOICATED. � 1 "�, ' ``. I r � _ ,:�;� ���L� �, , t` Q = SET 5/8�' DIA. IRON ROD WITH ALUMINUM CAP 1 i oT'7e'. ��c.c 11 � ' �+ � "�`''� — � ^ � - `�"F � ��� - . � < _ ..__' . �� � y � �j2 �oyA� . � _ , � I . '�s- 4 yY � � ��� , �'\ _� \ +�F�- 3� j �l �0 1 ' `�\ � �- � � ' � •' � /� � ��� I ��. q� ' 1 ;: // �- "-- ' \� , _, , , � 1 � a ' � ; .� ,� ; � �i,;r ,'� � 3`� � � � ; x o � �_v � � C/1 I , � ;;�: 361.6 �'`e�` \ � -�'S � _� � i � , �x '� ' ���, � �_ c,p''\`�'. —= - ;-_ �1�45%p � ; : i ; 37�7.3 f:� �(� _ �? / � ''F. \ --- - '-=2 - -=��� i � �( �� � ; I'i i � /, �� -A� � `�, � \ � , _`�. '—��___ , �_-�,�J ' � 2 ,,�,:�,�b���`- ��;�� �o,�y � �� �� . ,i' J ' ' � =��i � ° %" '" ,., � (,"� s� �w `ui ����;� fsj8 � �or ,�i a r ._- �i \ 1� �—���i i�. -� ���371.7 -�'\ /'�F�F�a/ \�� :� •;r� �ri sq.rc.h I I t `�. �,-•-�: � Fo . � O i�i g ^ 0.52 re ryN � .� � �,� ;��/ \ �� � � � / � � �,' 377.6 R �� ! �I�/ ' �� ' ,y� � �:� � � , . X (/� --� • 3i� `_"TEMPORARY CRAVEL I /J J l //'I ,i � S -,�O�\\�� � � r � ,� __-� _sac (EnsEM[rvr, , - � l r.00' �. , Ijl / 2�� . �, / �• \y" � ,`x 2 ,'+ I s e,�asoo• �/a=�z ; � ' 1 ,' �i� .;�;, �',��• \ �.,1 :� � 6a�R - � .�. �f k , ,/, . , �L , , / v . ,�N� ,�W -� �l� � �;�- , � , ' �, � ;; - , � �:$ _ „�.�. � � . �� �; � �:� � � �� --', �� . ,b i�� a . zz.w• � �� � FUTURE /l � � �i, � 3 7 2.9� �'��� � L • 3�.36' / /� 'O�� \� �. X ` / � / \ j� I Gf a h 6\_��_— LOPEMENT I i J,�/ �ii/ "_.� '1 374.5 / �C � � ^' �0T �2 h„ � r J . X / - / •. "23.226 sq.ft.� � v� : � `C . �� �� 0.53 ucrc —J� . ��� � 1 i i ,`_ /� \ �� / � �i' �1J �—_� j' --� _ . // ".___�� '---\ \ I — ; I /<;s . I �� � � _��M,���..� — — 37p 368 7 ��' �.�- �`.. ,____—.. J - �� �� ' I � '. �`q�.4 `\_ � x ;. / / / � � � , / \ q.., / N 89r453T E , . ) �- `� ��. I • ; � Y CR1TE�'S THI D ADDITION, AMENDED � �5 _='-�s�v,�� �` \\�4 1 /� ��370� �.;i�-- -� --_ BOOK 12. PAGE 7 I � C�.�,6 375. �e ' _— ��� '�--- ��-, I� � ,. �S?•� x �,� i . — � N i�os.� w�� �, �`a° , � I I -�--1 I ^f�; '`—_. I I �. ' \ \ S s , X I I I�— i cf� ' � 0 s4�• ` � /"� � I 390 � �� �'i.�- 1 —'3�� J. ' ' ; ' � 'S �ve� - - 1`'txrtt DD ot� r •� ---> � �.�-� ; � �•� ITE�S SEVEN _ SUg IVpSI 1�, ��`�a_ t_ PLAT B�i13. A �, 4,2 �__.�`--.� `. — — — — - ... .� — � �--(—:T�-f i r-.-.� ` . •�. �1��� � � v A JA E SP CE ST, � C2 AREN • A T�.��'rP C r �js o Z J J ��Y= _ � �� � HHITE R T' 0 � N lU AU � � �° OF SSIO L C . v- ��� Q a � ? 1 � . 9 �� s M l q HEI NlS � � C1 R4 `� � - m v , � c� CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 260 Agenda July 19, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning from R-1 to C-1 At its mceting July 14, 1999, the Planning and Zoning Commission heard a request from Wade and Jackie Williams and Louis K. Juden Post No. 63,American Legibn,to'rezone 701 West Rodney Drive from R 1, Single Family Residential District, to C-1, Local Commercial District. Two citizens were present at the meeting in opposition to the project. The Planning and Zoning Commission is recommending tha.t the request for rezoning be disapproved because it would constitute spot zoning. There is no other G 1 zoning near this area, which is residential in nature. In addition to spot zoning, the Commission felt that there would be a substantial increase in traffic in the area and would have an adverse impact on the neighborhood. If the Planning and Zoning Commission recommends disapproval of an applicatioq the Council ma.y szt a �ublic hearing upon its own motion; or the Council may, by motion, file such recommenda.tion of rejection and the application shall thereupon be deemed rejected unless, within 10 days from such filing, the applicant files a written request with the City Clertc for a public hearing or makes an oral request therefor at a regular or special meeting of the City Council,whereupon the council shall set such public hearing. If the Council chooses to set a public hearing on its own motion, publication requirements could be met for the August 16, 1999,, 1998, or September 7, 1999, Council meeting. If the Council files the disapproval recommendatioq we will notify the applicant in writing of the Council's action and the ten day requirement to request a hearing if the applicarn wishes to pursue the application further. It is recommended that the Council either set a public hearing on this rezoning request or file such request for 10 days. Resp lly submitted, �� . tton ' Plann r � Mi . . � City Manager KBM/MGM/rlf � CITY OF CAPE GIRARDEA�J PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning Recommended Action: T'hat the request of Wade and Jackie Williams and Louis K. Juden Post No. 63, American Legion to rezone 701 West Rodney Drive from R-1, Single Family Residenrial District, to C-1, Local Commercial District, be recommended for disapproval. Vote Count: Favor—0 Oppose—8 Abstain—0 Date Recommendation Made: July 14, 1999 � List the time riod, ownership, size, design, or other limitations recommended: Pe Comments: The Commission felt this request consrituted spot wning, because there is no other C-1 wning near this area, which is residential in nature. Also, the Commission felt there would be a substanrial increase in traffic in the area and would have an adverse impact on the neighborhood. Citizens in attendance at meeting: Mack Estes and Commander Jerry Stalber of the American Legion — representing the applicants � Secretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning � OR Special Use Permit ❑ � File No. q �R Address of Property 70 I .�} (�odnP,, j�ri ve CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? �c5 2. Is plat sufficient? ��5 3. Will intended use conform to requested zoning? �/ey 4. Has intended use already commenced? � 5. Comments: v����'�.�� G_3 0-99 Cit�l��r/Development Services Coordinator Date ..............................................................................� CITY ATTORNEY: l. Is legal description sufficient? �� � 2. Will intended use conform to requested zoning? j�lj � 3. Can requested Special Use Permit be legally granted? /(/ 4. Comments: //T��S /��Ef�'S 7� �� �! /L L���.. ��j% ���' �o�✓i��; . ,2f G ��������� �v�� 3 a,/9�9 City orn Date � ..............................................................................� CITY MANAGER REFERRAL TO PLANNING AND ZONING COMMISSION: G -�o -� 5 City Manager, Michael G. Miller Date ..............................................................................� PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: � Staff Member Posting Notice Date Revised 4/21/1998 City of Cape Girardeau, Missouri � Application For Rezoning - 0 OR Special Use Permit - ❑ �taff_~ f k7se_n,n�'v`.� Date Received in Planning Services Office: (o-,�q-9�' BY� 11 _ �� SECTION A 1. Description of the project: Purchase of land and removal of home and outbuilding. Construction of American Legion Hall and parking for same. 2. Street address of tract (or other location description): - 701 West Rodney, Cape Girardeau, Missouri Across street from Conservation building at Arena Park/ Located at Southwest corner of East Rodney and WEst Rodney 3. Names and addresses of all legal owners of tract: Wade and Jackie Williams , 2816 Hawthorn, Cape Girardeau, MO 63701 � 4. Present zoning classification: R 1 5. Requested new zoning classification: C 1 � 6. Requested special use: 7. Person handling this application (name, address, phone number): C. Mack Estes , Building Chairman, 2558 Meadow Lane, Cape Girardeau, MO 63701 Phone 335-9357 8. If tract is to be transferred, name and address of intended owner: Louis K. Juden Post No. 63 , American Legion P. O. Box 531 � 811A Broadway Cape Girardeau , MO 6370i Jerry Stauber , Commander Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN � THIS APPLICATION IS TRUE. (Si�iiatures of ALL PERSONS listed in Items 3 and 8 aUove and date of signatures): BUYERS Name Date Sellers Name � Date Louis K. Juden Post No. 63, American Legion Wade Willi�ms �, i � % �-�- << _a�(_C•C� Commander � �ckie Williams � .� . , C'"t �� f� � ��" �,� �� --- /`- / , Building Chairman � , , , , SECTION B 1. Legal description of tract: � a. 1odo.:.� i��J Le.. Te+cs « T..ait d Ia�1, 1�. ►ws ..� .i�.n. i+ �+ Ca�e► d CAPE CIRARDEAU rd Sea�e d 3C�o�si, o+�: AII TRAT PART OF IAT S I7C (6) I21 nI.00R 'IStO (2) OP RODR rlf V I S?A SUBD I V I S I ON�IH TH F� C I'R AND COUNTY OF CAPE GIRARDFJ+U, IiISSOURI. AS SHO'4tIi BY PLAT RECORDED IH FU'f BOOK 4 AT PAGE 5 DESCRIBID AS FOLLOWS: EEGIN AT THE NORTHFJIST COiWER OF LO? 6 AND CO SOUTA 1 DEGREE 2' NEST. 221.7 FEET FOR A CORNER; THENCE NORTH 88 DECREES 58' YEST. 112 PE£T TO A POIiiT; THENCE MORTH S DECREES 14' EAST TO A POINT ON THE SOUTH LINE OF RODliEI DRLVE, NHICH IS 120 FEET I11 A SOUTEfi�ESTERLT DIRECTION PROlt THE RORTHEAST CORNER OF LO? 6; THEIfCE AIANG ?RE SOUTRERLT RIt,'RT OF WAY OP RODNEY DRIVE IN A NORTHERL7 DIRECTION. 120 FEET TO THE ?iORTHEAS? COKNER Of LOT 6 AND THE POINT OP EEGII�NING. � Page 3 � 2. Attach to this application a scale plat of the tract, on an 8'h by 11 inch s}ieet of paper, showing the following: a. All boundary dimensions. 153' North, 112� West, 231._7 South, 120' East b. All adjoining streets and alleys. East Rodney - East west Rodney - North c. All present improvements. xouse and garage d. All intended improvements. �ricar. L,egion Hall e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. x-1 SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. . ,�� , r� , _ u r a , , R �.e1�: , ; ,. Lot 7 North across West Rodney, 701 East Rodney, Franc�s T. Kight Lot 2 West adjoining, 715 West Rodney, Lesslie T. Hicks �t 11 South adjoiiiing, 601 East Rodney, Ed�aard F. Bierschwall ot 4 East across East Rodney, Conservation Dept. Building in Arena Park/ All above are Zoned R-1 � Page 4 2. With this application, the application must deliver to the Planning Services Division a � stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 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. Meeting Hall for American Legion bi-monthly mens meetings and also Womens Auxiliary meetings . Special meetings three times a year zone meetings . 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. � 3. Is a transfer of ownership of the tract dependent upon the approval of this application? Yes . There is a satisfactory sale agreed on by Owners and American Legion, but it is contingent on re-zoning approval by the City. 4. Has there been a prior application for a rezoning or special use pernut for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. Don' t think so. � Page 5 � SECTION E 1. State the reasons why you believe the requested rezoning or requested special use pernut will be beneficial to the neighborhood and the City. We ��ill be tearing down an older building and replacinC it with new building that will compliment the Park Area and also the residential area with the removal of the older buildings that are there noza. It V;ill allow tne Legior� to get more members once i1e can get rid of the steps to second floor where we are now, and have been for too many years . The Legion has led many efforts to improve the quality of life in Cape Girardeau as �,rell as the life of the Veterans tnat make up the membership of our Post. � Revised Il/30/98 � � ' � �� � �����a ♦�/�� :� �� .��`��iii�iii � � �� � �, ti,, ,.. 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' ��1 1 .��'.:�� ' .•����'f����,.��.`:'i � f r fi " ���f �'i •.,3P �} �_ , ,v��t��,.i :.`!/ �.�, y�^J�%'� �,�� A � I . .iri.(.Y� _ %;t ' ��'� i'" .��� yI!� ���fs,,�'.,� �'y ��y� r��'�.,a� } . . , �. �•�i �y� y � � lC.r � �,. ,�-.i...'���' �a,�.#,,.'f �;[`.�;'+�.r��,n•� .w� .`. ..-'•�'• � � �,�;�;�.,,k"_ . ; �fa�,�er� �,`., � CITY OF CAPE GIRARDEAU OtTce of the City Manager Council Letter No. 261 Y • Agenda July 19, 1999 The Honorable Mayor and Members of the City Council City of Cape Crirardeau, Missouri Dear Mayor and Council Members: RE: Request for Special Use Permit for a Club Meeting Ptace and Vehicle Storage At its meeting July 14, 1999, the Planning and Zoning Commission heard a request from J. W. and Bonnie Strack and Capaha Antique Car Club for a Special Use Permit for a meeting place for the club and storage of club owned cars at 2827 Perryville Road in an R-1, Single Family Residential District_ Two property owners attended the meeting and a petition was presented � (attached) in opposition to the request. The Planning and Zoning Commission is recommending that the request for the Special Use Pernut be disapproved. The motion was made for approval of the request, with the vote being 0 in favor, 8 in opposition, and no abstentions. The principal factors considered by the Commission were the substantial increase in traffic in the area, the lack of available parking facilities for the use, and the adverse affect on the neighborhood. If the Planning and Zoning Commission recommends disapproval of`an application, the Council may set a public hearing upon its own motion; or the Council may, by motion, file such recommendation of rejection and the application shall thereupon be deemed rejected unless, within 10 days from such filing, the applicant files a written request with the City Clerk for a public hearing or makes an oral request therefor at a regular or special meeting of the City Council, whereupon the council shall set such public hearing. ' " If the Council chooses to set a public hearing on its own motion, publication requirements could be met for the August 16, 1999, or September 7, 1999, Council meeting. If the Council files the disapproval recommendation, we will notify the applicant in writing of the Council's action and the ten day requirement to request a hearing if the applicant wishes to pursue the application further. � Honorable Mayor and Council Agenda July 19, 1999 � Page 2 It is recommended that the Council either set a public hearing on thi�:re,zoning request or file such request for 10 days. Respectfully submitted, �' Bratton ity Pl er . . �. � e . City Manager KBM/MGM/rlf � : � � CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of J. W. and Bonnie Strack and Capaha Antique Car Club for a Special Use Permit for a meering place for the club and storage of cl�ab owned cars at 2827 Perryville Road in an R-1, Single Family Residential District, be recommended for disapproval. Vote Count: Favor—0 Oppose—S Abstain—0 Date Recommendation Made: July 14, 1999 � List the time period, ownership, size, design, or other limitations recommended: Comments: The Commission felt this request would have an adverse impact on the neighborhood since it is entirely residential, there would be an increase in traffic in the neighborhood, and off- street parking faciliries are inadequate. Citizens in attendance at meeting: Charles Herbst—representing the applicant; Sue Rademaker, adjoining owner; J. W. Strack —applicant; Dave Jackson, Capaha Antique Car Club; Jeannie Allgood, area resident � Secretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit �. � File No.q�p Address of Property �gq0 A loc,� �erru v i I I e Road CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? �es 2. Is plat sufficient? ��s 3. Will intended use conform to requested zoning? 5,�,,�.;,1 Ust �..��.�} 4. Has intended use already commenced? /�jo 5. Comments: /�/I;Hu� SuLd{�(cl�� ✓'ec,.�•� �p��a..Y d�v;d;�J S�L'c�' -fr..c�-' ��o►+� r�+S/c�xu- ox v1e�t�n r2✓} er Curra.v�1-lot' �j�l,ti� ��yjce.� f'�✓e4q� ��c.,�nM1.n 1. .sw(�ZeNlwS C4ywy+�SS fav► rev�cw �,,�i+� t-��s a�+Ylrc�ftoH �1 .! J /v/.�.�-�v� , `7- I- 19 City Plann�:/Development Services Coordinator Date �� ..............................................................................� CITY ATTORNEY: /T'�S My 1JN.�f,�PsTI�Nb�i�r�r 1. Is legal description sufficient?S�� g��� �l-�"a o�77�f��-C�Nf�J R�'svB�'V75� , , _ 2. Will intended use conform to requested zoning? � 3. Can requested Special Use Permit be legally granted? �' ������ 4. Comments: 7}/£ hw`ro�Mo$�L� ��T�/�6� - �� ��� �rr�y l �9 U� J � � City orney Date ..............................................................................� CITY MANAGER REFERRAL TO PLANNING AND ZONING COMMISSION• ':C:/ � — � — � / City Manager, Michael G. Miller Date ..............................................................................� PLANNING SERVICES STAFF: l. Date notice of proposed action and public hearing posted on tract: � Staff Member Posting Notice Date Revised 4/21/1998 � Juty 13, 1999 Planning and Zoning Commission P. 0.Box#617 Cape Girardeau,M�63702-�517 Dear Members: We the undersigned oppose a Special Use Permit as rec�uested by 7. W. and Bonnie Strack and Capaha Antique Car Club for a meeting place fo�the club and storage of ctub owned cars at 282'7 Perryville Road in an R-1, Singlc Family Residential District. Fvergr pn �ive residents: P�Il'�' V[lL w1G4L[� Gt,�P� _`. - — ' c�Od 9 F�h � y g c �cNA�� � �..c.C�c�CSD � � � /�'I or�f�,�y (,L�r�f �� ,��a��- ��'L maa • 11�/e,/�l �w�3��'3- l•f �' 'Ctb / �'-- � City of Cape Girardeau, Missouri Application For � Rezoning - ❑ OR Special Use Permit - � �� Date Received in Planning Services Office: (a-3 p-Q q By: � SECTION A 1. Description of the project: EXISTING REMODELED "BARN" TO REMAIN. EXTERIOR TO REMAIN AS IS, EXCEPT FOR MAINTENANCE AS REQUIRED. HVAC TO BE INSTALLED IN MEETING ROOM. RESTROOM TO BE COMPLETED. MINOR ELECTRICAL WORK TO BE DONE. INSULATE MEETING ROOM. 2. Street address of tract (or other location description): 2827 PERRYVILLE ROAD DESCRIPTION ATTACHED. 3. Names and addresses of all legal owners of tract: J.W. & BONNIE STRACK � 2827 PERRYVILLE ROAD CAPE GIRARDEAU MO 63701 4. Present zoning classification: R 1 5. Requested new zoning classification: N/A 6. Requested special use: B / S1 7. Person handling this application(name, address, phone number): CHARLES J. HERBST DAVID L. JACKSON 1911 WESTWOOD 851 N. CAPE ROCK DRIVE CAPE GIRARDEAU MO 63701 CAPE GIRARDEAU MO 63701 573-334-9769 573-334-3105 FOR CAPAHA ANTIQUE CAR CLUB 8. If tract is to be transferred, name and address of intended owner: CAPAHA ANTIQUE CAR CLUB P.O. BOX 875 CAPE GIRARDEAU MO 63702-0875 � Page 2 � 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date ,��,�r�, ( -��Q - ��i � � � V�/ �� �Y , ( / , 0- 9 , � , -��-�� , SECTION B � 1. Legal description of tract: ATTACHED � Page 3 2. Attach to this application a scale plat of the tract, on an 81h by 11 inch sheet of paper, � showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. � c. All present improvements. d. All intended improvements. e. All adjoining and comering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and comering property. SECTION� 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. (2) DAVID B. & PATRICIA C. SUMMERS 2001 EVERGREEN DRIVE CAPE GIRARDEAU MO 63701 � (3) TIMOTHY A. & SUE ANNE RADEMAKER 2009 EVERGREEN DRIVE CAPE GIRARDEAU MO 63701 (4) RHODES PROPERTIES, L.L.C. 2149 WILI,IAM STREET CAPE GIRARDEAU MO 63701 (5) ROBERTA J. BOARDMAN 1920 MONTEREY DRIVE CAPE GIRARDEAU MO 63701 �6) RICHARD W. & NORMA J. ALLGOOD 1921 MONTEREY DRIVE CAPE GIRARDEAU MO 63701 (7) JACK & KAREN MATHENA 2806 PERRYVILLE ROAD CAPE GIRARDEAU MO 63701 � Page 4 � 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 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. BUILDING TO BE USED FOR CLUB MEETINGS, AND THE STORAGE OF CLUB OWNED CARS. 2. If this is an application for a special use pernut, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. THE TIME PERIOD IS INDEFINITE. WE WOULD SELL ONLY IF WE OUTGREW � THE AREA OR COULD NO LONGER AFFORD TO STAY. NO ADDITIONS ARE PLANNED. 3. Is a transfer of ownership of the tract dependent upon the approval of this application? YES 4. Has there been a prior application for a rezoning or special use pernut for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. NOT AWARE OF ANY. � Page 5 SECTION E � 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. BUILDING WILL BE KEPT MAINTAINED. YARD AREA WILL BE WELL MAINTAINED. MINIMAL AMOUNT OF TRAFFIC WITH ONLY MONTHLY MEETINGS, AND AN OCCASIONAL PICNIC OR SMALL GATHERING. HAVING A MEETING PLACE IN THE CITY WILL BRING MEMBERS & VISITORS INTO THE AREA. � Revised 11/30/98 � . / � ,� � � .� 1, � • - � ♦ �� � .��� �� ♦ � _ i� ♦ � � .._.._ - v� � ■ �II ( •. � � `� :� 1 - � - . • ` ' `� � �' �� ��� ����,� ����� ��. , I .���� _� ■ � �' ���i iili j���������,'r�� � � .�� - �.� • �� ��� '�. � ..� .�. ♦� �� / ♦ t► � � �i��� ♦ ./ ����� M�� � . , . . . ♦ ��� 1► i���1 � � �•�• - �..���I/.��,�111�����1 ♦ � �- iii!� ��i����� �♦ , � � ► � //��, ` � � ! ��� �� ■ �-• / i::� � , ��r•� � ""_� ` /�■■.. `�� rr ���■ M�������� ������i � ��I ��'��� ■������� �� ■���.��• ��I� ��,��� � ■ •-���� ��■�■�■ �. ■����� �� � ``.'. 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G �,� :/b�: t�yI!.��� '�' �. �. � ;f. '1.;� ' � '+�+;� �'� c .� �' `'�. " �� i � (� Y. LN ���� ,s� / ' .' �-y � d ,S,--l'�'�f t �,. I '7a+�'•� t • � � :���`¢-�`�fF;��i':�. • ,y .� , _;�.,:.k; ;'�},,;�r �� '~�"�'�Y�1 C �` ,, "�`^���}:; .� �F �:,r ,,. .� � yi �,. jjY��-�,J r� t ,y),[ (- �. •y yiy., A � . � ' ' L -�f��� /r '"�}1':'1` �i,��)� � �t `�'�q?�� . `�� ;�K� �II[�, •,.�`��� ,� }'.��3 � . ' .� r ���.:'��1. , t . P � - ��..� '.ev � �' � ����J� �R�7"�• � � • ��r f,.�•'' :.��N.I_1 �.:.� l�Ni +`y�7 :� �� ���- �•- � y i, - . � � ~ � �� r J '; r�� - ��� T i � ,�+ Y i.. ^5 vf �f "ti,i3 ; . . . . t rKs' i -- �` ,_ ,�+"`�. ' � ' f f'< � ' �� �.' 'L Z$.� � � , , � �;�; , � s4 . � �.. � � �F:�� � N�� �� . � � ... w�,,. °'k`��'�. � �'� r {v' . .��G.�.. :��� r �� �) �,. , �yr� ,���.�.. • �i��. �. " . ,r / . .�., ;i��,, .> � �;s � v ./' � ..' `,.' . . � �� _ � '`: . I ' �R` t+i' '�1. �I` � � � .i �' . � 1v �' •```1� �G • �* ': !F !` 'iti-.'? , '� ��4 �a. 1� s : i 1 � �f _ .�'�r� � i � r�;;.. ;3 w �. � � : �`�';,,�'� ,t: • :; _ �, �':+. L . �. ..4 . ' I�_ ._. . . � CITY OF CAPE GIItARDEAU Of�ce of the City Manager � Council Memorandum No. 34 July 14, 1999 The Honorable Mayor • and Members of the City Council City of Cape Girardeau, Missouri Re: Appointments to the Planning & Zoning Commission Dear Mayor and Council Members: Mr. Dennis Vollink has submitted a letter of resignation from the Planning and Zoning Commission. He was serving a term set to expire November 1, 2000. A copy of his letter is attached. A copy of the roster for the Commission is also attached for your information. The following individuals have expressed an interest in serving on the board, and their board summary sheets are attached. Jerome J. Bartosik Scott M. Rhodes Larry J. Westrich Winifred Hirsch Donald G. Sherwood B. Hugh White �arry J. King Glenn W. Smallwood, Jr. ary S. Lynch Howard C. Tooke Unless directed otherwise, one appointment to the Planning and Zoning Commission for a term expiring November 1, 2000, will appear on your August 2 meeting for consideration. Respectfully submitted, C��� Gayle . Conrad Dep City Clerk Michael G. Miller City Manager � CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees �""'""� June 22, 1999 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with terms commencing January 8, 1996. PlanninR and Zonin� Commission Date Appointed Date Reappointed Ternz Expires Charles Haubold November, 1987 October 16, 1995 November 1, 1999 Harry Rediger July, 1989 October 16, 1995 November 1, 1999 Dennis Vollink November, 1986 October 21, 1996 November l, 2000 Ray Buhs October, 19, 1998 --- November 1, 2000 Robert Blank October, 1996 --- November 1, 2000 Tom Mogelnicki February, 1988 10/21/96; l 1/17/97 November 1, 2001 R. J. McKinney (Chairman) October, 1989 10/18/93; 11/17/97 November 1, 2001 George Bockhorst, Sr. March, 1996 November 17, 1997 November 1, 2001 Robert Cox June, 1982 10/24/96; 10/19/98 November l, 2002 Thomas Holshouser January, 1987 10/24/94; 10/19/98 November 1, 2002 Melvin Dockins March, 1996 10/19/98 November 1, 2002 Serve four year terms, appointed by Council. Meetings held second Wednesday at 7:00 p.m. in Council Chambers. Staff �tact-City Planner. � DENNIS J. VOLLINK 1903 Sherwood RNE CAPE GIRARDEAU,MO 63702-1214 (573)335-4354 � Worlc(573)336-3134 02 Jun 99 Mr. R. J. McKinney, Chairman Planning 8�Zoning Commission • c/o City of Cape Girardeau 4011ndependence Cape Girardeau, MO 63701 RE: Planning 8�Zoning Commission Dear R. J.: By copy of this letter I would like to tender my resignation to the Cape Girardeau Planning and Zoning Commission. 1 feel that this commission plays an important role in the community. 1 also feel that representatives should be present at the majority of the meetings. 1 am proud to have served on this commission since 1983, but during the last eight months, my travel schedule and additional Air Force Reserve duties have resulted in my missing 50% of the meetings. Also, additional developments by Drury Southwest in the Cape area requires my representation to other boards, and serving as a member of Planning 8 Zoning precludes me from these duties. 1 recommend that the commission consider filling this position with either a Civil Engineer or a developer familiar with commercial development. I feel Larry Westrich could serve in this capacity � due to his knowledge of commercial real estate development in this area. In closing, I feel that the Planning and Zoning Commission is an integral pa�t of city government and I am proud to have served for the past 15 years. Since ly, � U� Dennis Vollink, P.E. ce c: Kent Bratton, City of Cape Girardeau AI Spradling, Mayor, City of Cape Girardeau � � , L ; � CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY � Name J c � C� ���� � T • ���- i z;�S � << Telephone: Day � ��'�� � � Z Z- � ;zzC t� y- o y� Home Address �Z Z � � C !� Evemng 3 3 y Year Current Residence in Cape Girardeau Began f�j �' � Current Employer and Position S � /��� C /y Cs�/ %�C --�.�f/� F ��✓2 F�� .5��'ul�s i Previous Employers and Positions 7.�1- �� h��c� S:q;r Lt tii, v�R� s , 7� - /��� Pi i� L- J�,n� ���Z �� �z.J�r,Y.� In which Board(s) are you interested? � L [... Special Qualifications for specific board(s) (include past board service) � Educational Background „ S., Ps `/c� fl� L E �- y - /�� � �� �' � S ' �c PDS%. /,�,�. Gt nT in- P�iiTuJiG^- �� �'�� G1 Nid�ns 'iz� Community Activities (Include offices held and committee service) �n E-r� � �;Z- � � (.3 U A Z � �� } D� R E c_Ta 7c S e G ��= Iti� 0 �r fz-i�c.� d i�' ,•� `� G G � � � � � 5%S iz: f� /�E:3 c�i �� Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime x B. Morning Noon Afternoon Evening X Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed � �� '� Date z� S� � ** Bo Member ary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI - BOARD MEMBER SUMMARY Name � t N���,� �, �,�����}— Telephone: Day �'��j�— �j� (� Home Address ��� , �DX \����Q'�,� 0`z— Evening � Year Current Residence in Cape Girardeau Began � cj�j— ` � `� � .— Current Employer and Position `� � Previous Employers and Positions , n���e-�- � �.� � �`'-� � � \ �� � Y� �� v - � - � � �,�. ��, � In which Board(s) are you interested? w � ^ � CN`-�`l�� (/L.t�(iDl Special Qualifications for specific board(s) (include past board service) L��n� '�,� ��- �..Q�.. . �S �,,a 0 ��.l��WW\ ~ ., , �z�S� ' �e-o�,4 �c Educationa Background � �,rc�� — c n� o� c��� \� Communiry Activities (Include offices held and committee service) � ^ Q Q,�1 t�;;�� ��5� � ` C7\./1.�.{y� ` L . ' � v" �t (� , , � o :�,ty�� t U � ^ I � � Meeting time(s) convenient for you: (Please check one in A and one in B) a�� a A. Weekl Monthl An time ✓ ��� Y Y Y ��,-w�� � `�-.. B. Morning Noon Afternoon Evening Anytime ✓ By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. e ' 1E\\�T� � \ Signed �\ Date �,� �� ** Board Member mmary 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. '��j ._ � �fR-- ��:.�Cts�,�` �p -- U ���� � 1 CITY OF CAPE GIItARDEAU, MLSSOURI � BOARD MEMBER SL1P►ZMARY Name �� � �v � . �i N C Telephone: Day �'7 3- 3 3 S - I�'q� Home Address j 7�C� �-�('e YY�ov�� CU. i�� �v�- � ►^Q Y'�� .3,�5—(G�/�/ Year Current Residence in Cape Girardeau Began a�Q . j C�C( '� Current Employer and Position �Q-�;v-�� Previous Employers and Positions �'�P�)Ydv� ��l - 1�'-1� I - lC( �� ��s� t-�Y�-��� �i � a _ i'�� ����p (1n; �� ! ql�.�" — �� '7�( � '�'����`�C�r]Y�coY` (�}nrl� ��?��e ��cD�oYcxt'i �v1 cx ('� �, ` i � ��197y— 1992 In which Board(s) are you interested? ' E' �.p -�u�fica_tions for specific board(s) (include past board service) � � � 0. � � 1 ' � Educational Background� �c�c��04�/ ��i v . a I�� _ �'�-��r o�(�ic,. M Q M� -- ��nr�T�l r�c�'r � f � ;� �� � (�, C;.t�►� � o� M Q - 12 0� �a (�`,CC�C�t.t�c ��r� Cx �,Q YI l� . Ot ��S Ta� � i c ��(�v�i t� c'�t Q r S I/'(,,(�� S'omm�rL�y Activities (Include offices held and committee service) �����'"`y � �-�7���`� '���Q� Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime�_ B. Morning Noon Afternoon Evening Anytime�_ By signing this docuii�ent, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarderi as an indication that future membership on the board is no longer your desire. � �igned Date — '`1 �'( °($� 'Renewed l•i3-99 ** Board Member Summary Slieets are valid for one year from the date that they are signed. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name !�1 '� Telephone: Day 33 f - /�'/� � Home Address �a Evening �3y- 9�a � Year Current Residence in Cape Girardeau Began `�� � � Current Employer and Position ��c'-�.�/2� �a.u-�E� �(���.:��r�.% ��'e,���� Previous Employers and Positions ���. ,Q�,�,6/�`�- S�tie�s� --���Z�� — �4���t�E•45�" i� �'v`�V� `�yLi,l/e.�.���+> � l l_ l�l�sr.�a- � `" 1/ � L°,�Y ., a�( �nc,� �— �C �a s_ � c In which Board(s) are you interested? U��"'L �h-� 'S s:a'� Special Qualifications for specific bo (s) (include past board service) '1/+e �C �-� C�/j?c.v�% / � 2�2d� �eG� cr-a.� ,p -� � ,� .ea2s- " � ��7"�'l� 1� .�f7'�'�- Ctit � w ��' - a�...J sr�.�t�c�c� �. Educational Background ,�• ,�o�. �,=/1�d4, Q��� — (s�. �i,`ss � -f- �3 o j�ewr�— Community Activities (Include offices held and committee service) `�� �-�� - �h �-a0�.�2 ..05. d,'?!;�E.s y�`a � /,.'e /� �¢e�.ra. — f " �.�.� �� ` °�"-� ,�,� C��-R�- Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime `X B. Morning Noon Afternoon Evening Anytime x By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed Date '/���� ** Board Memb Summary Sheets are valid for one year from the date that they are signed. � Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY � Name Scott M. Rhodes Telephone: Day 573-334-5036 Home Address 669 Sylvan Lane Evening 573-651-8781 Year C�rrent Residence in Cape Girardeau Began 1971, since birth _ C�.►rrent Employer and Position Plaza Tire SeNiCe, Inc. - Vice Presiderat Previous Employers and Positions None In which Boazd(s) are you interested? Planninq & Zoninq Special Qualifications for specific board(s) (include past boazd service) Reqlonal developer Of commercial properties and vice-president of multi state retail/wholesale tire service chain. Educational Background 1990 graduate - Cape Central High School � 1995 graduate - Southeast Missouri State University Community Activities (Include offices held and committee service) Yes. Group / involved in several organizations while in college, Students for Progress, Marketing Club, Conservative Club and College Republicans Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime X B. Morning Noon Afternoon Evening Anytime X By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed Date �Z4 g � ** 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. RECEIVEO F�S - 4 199g � CITY OF CAPE GIRARDEAU, MI,SSOURI BOARD MEMBER SLJ�vIMARY 3 � Name�pn�� �. Cj1r(Gr�,L]CX�,�, Telerhone: Day 3',1��,7.�. T Home Address p�,��9 �p�r� ll�S �Q1/'. /:�,`S�391 Evening��,��� Year Current Residence in Cape Girardeau Began J9�3 r--- Current Employer and Position � �/�j;� 1 �f 'jL�OGj�7/RS Previous Employers and Positions In which Board(s) are you interested? �fati/r���y� b/�� ' ��gr�'���`������, , � � � '� �. ��cial Qualifications for specific board(s) (include past board service) Educational Background Sc��-#-l�ea,�{-- /�i�s�� �,�rt�,_, '�r-�i J-� Community Activifies (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime� B. Morning Noon Afternoon Evening Anytime� By signing this document, you � ree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as in�'cation that future membership on the board is no longer your desire. Signed � Date — � � �"�n55 . ** Board Member Summary Sheets are valid for one year from the date that they are signed. Donald G. Sherwood � 2719 Flora Hills Dr. P.O. Box 391 • 3342081 Cape Girardeau,MO 63701 1998 PERSONAL DATA EDUCATION: Graduate of the John S.Cobb High School Attended Southeast Missouri State University EMPLOYMENT.• 4.�years with KFVS-TV,presently Film Director. For a number of years I hosted a public affairs program on KFVS-TV and the old KFVS Radio. I have sErved on KFt�'S-TV staff as a news reporter. CHURCH AFFILIATION: St.James AME Church. OFFICES HELD IN CHURCH: Past Vce President,Boazd of Stewards. Vi ce President,Board of Trustees. Sunday School Superintendent. � Church Clerk. ORGANIZATIONS: Past Master Hannony Lodge#40,Prince Hall. AFFILIATIONS: Past Board Member Prince Hall Grand Lodge of Missouri. Past member Breakfast Exchange Club. Past President VIP Industries. Past Secretary VIP Industries. Past member Cape County Health Association. Past member Cape Girardeau Civic Center. Past member of the Minorit;Advisory Task Force,An-ierican Cancer Society,Missouri Division,Inc. Past President Cape Girardeau Public Library Board and Past Secretary of the Board. Past member of the Cape County Extension. Past member Delmo Housing Corporation,Lilborn,Missouri. Member of the AREA WIDE UNTTED WAY Boazd of Directors. Member U.S.Postal Service Customer Advisory Council. Member Cape Community Advisory Council AmeriFirst Bank. Member of Cape Girardeau Chamber of Commerce Education Committee. Member of the Lincoln University Focus Group. Member of Diversity Group Otahki Girl Scout Council Inc. Member of Cape Girardeau Public School Foundation. � RtECEIVEp ,►AN 2 1 � � 998 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SITPvIMARY � Name - a t,�, � �� w o a n �2 �S K�P Telerhone: Day (� L�(- a co�,� Home Address a�. aa. KE�+T DR Evening 33�- �t�.o� Year Current Residence in Cape Girardeau Began �A�`�s� (9 4� Current Employer and Position AK�RE� 5`a��s CQ K F�t�Ju�T'�' ���c�•o P��� �,�,��",�,� Previous Employers and Positions u� �o.� E�� c-ra« r�Q �pw�.r� iNo�S-►atw� G�sTo��a ���� 4n v�sa�. InwhichBoard(s) areyouinterested? ��,,,.,,,.,` �,�,.,p �o,,,,�` �K�.�� � , � ial � lific?tione for spec�c board(s) (include past board service) PA�� pc�,t,�.,�,,,` ,�.,a ��,�.,` BoA�D 4-Cc�t��R. 1�lc�tco 1-to C t`l�(2- l"t��� (u.Jo�.u�p 6u 'o AR��.� .., 5� � P�--A� CcTY Q� �-t�zs.�eo �l.�qa.- l RS� l��o v�D w�tK. A✓v�x�T�o...� lS5a�5 —� C �1�k2- q s� P��odZ "�'n Rct,oc.�e'�'�a.� w,es �aK ,p o u C I�lG1E« K�G PC..AN►+t..iG. A�..s D �.O N t�Tb K�.�.\8 S�c�..i. ¢CO Na L{��G Dc�rc�o Pr��r 1$ JC�� Educational Backgmund p R: - E�-�.0 i Q_�cw c� ENG�u�R�.i`• QS (� gus�u�s5 ,f�D s.t c u t S�t 0.A'�'to►.�' {�(ASTE0.__O� ARiS CQsuS t•s.FSS� ' KASiElI O(= ��►.+ �SS AD K�wr��iQA��aw,i �E'lgA� a / 7 CA�o�n � Fo .r K ..t AcT�t .a(. F..�.sG RL� c4t�p Cc�t F-�A�qr.,E R C,'LKI ` �C�um �.c �L`�rfiC.o�I-t�� �'��..►w�e.�. PRctr��� �t]�rw� '�FP �omm��rLt;y Act�vitied(Include o�fices held and committee service) c,,�A��. �o,�� ,= S �z AevA�e��Nz � CD.KK�T`CE� $51� � �-KAcR GIrkA►.tgER Go�rE�,,K�,, rAc_ AFF.��R-5 Co�-�./.�,c,z�r�rc' PlZy:3cD��. SEr�d HYrcq PAC,�4`tA�R+-t ��13 ` K�HP�E2 , C.4EAK$ER i , i✓4.�1'CQ�A� Q�.�.�i�e..5 C�1.cFtiTi'�E ' {-�EK��R CAP� �•�Gw�F.Rs CC_uJa • k-tBKJSE2. CAPc W"�ST RQ�AR7 Cc,�rps Meeting time(s) convenient for you: (Please check one in A and one in B) A• Weekly Monthly Anytime� B. Morning Noon Afternoon Evening Anytime� By signing tl�is docutnent, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. S igned W Date (- �'�_q g � �enQ;Ne�+ 1-�3-�°� ** Board Member Summary Sl�eets are valid for one year from the date that they are signed. � CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY � Name Howard C. Tooke Telephone: Day 335-3095 Home Address 402 Chesley Drive Evening 335-3095 Year Current Residence in Cape Girardeau Began 1922 Current Employer and Position Retired Previous Employers and Positions M. E. Leming Lumber Company, President D. E. Hoche, Public Accountant In which Board(s) are you interested? Planning and Zoning Special Qualifications for specific board(s) (include past board service) 18 Years on City council, 13 as Mayor. Served as ex-officio member of P&Z while on City Council � Educational Background Hi h School Community Activities (Include offices held and committee service) Board Member, Southeast Missouri Hospital Missouri Municipal LeaQue Missouri Local Government Fmployees Retirement System Cape Girardeau City Charter Commission Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime X B. Morning Noon Afternoon Evening Anytime X By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. � Signed l�-u��r.d to V�`�'�� Date 7— � S- 5$ ** Board Member Summa Sheets are valid for one year from the date that they are signed. rY Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. U'L/'Lif/yti U9:�U �57� 335 J1'L� llKUKT JUU1H41t.J1 lQ-JUUL crrx o� c.A.pE ��nE�.U, r�.sso� �OARn MEN�B�R S�Y � Name Larry J. Westrich 335-3964 "�'elephone S[ree�Address 2l 36 Kent Cape Girardeau, MO 'Year Cunent Residence in Cape Girardeau Began Lived in Cane a1.1. of ma� �ifc = 33 years Current Emp[oyer and Position DSW Development Corporation Uitector of Leasin� Prcvious Lmployers a�d Posi�ions pr.urv In]ns, Inc. Interna� Audit/Accounting Drury Inns, Inc. Notel Operations �n which Board(s) are you interested? pl.ann�n & Zonin Sl�ecial Qualifir.adons for specific board(s) (iunclude past board service) i ha�e no other Board Service history. Work daily with Planning a��d Construction of Commercial and RPcir�anrial np .oi� Ca e GiXardeau and other a=eas around the country. I am familiar with zoning codes, objecCive� and requirements. EducationalBack TOund ted from Notre Dame Hi h School and Southeast Missouri � State University wiLt� a major in Accounting and Management. Communiiy Activities(�nclude offees held and committee service) Knights of Col.umbus, Ch r d School Meeting time(s) convenient for you: (Please check one in A and one in B) '`�. w��y Monthly Anytime �_ B. Mom,ing Noon Afternoon Evening Anytime x BY S�g�g ��s documea�, you agree to scrvc and attend regularly. Three (3) consecutive uaex.cused absences will be reganded as an indicauon that future membership on the board is no Longer your desire. S igncd _�� Date 1;e ne.,��{ �-q-q9 � ** Board lv�ember Summary Sheets arc valid for one year from thc date that they are signeci. CITY OF CAPE GIRARDEAU, MISSOURI � BOARD MEMBER SITPvIlVIARI' � Name �, �(L��� ; -#-� Telephone: Day 573- 2 G�- 3 S 1 I �J Home Address 2069 �SfeVeiv DR�Ve Evening�T�����.3r�G� Year Current Residence in Cape Girardeau Began ����T9� � -prp���l- ¢ F�� ?L-/lJ.zrrl 7� Current Employer and Position��,,,���i Yiv c - - <<)a rr.�e��.�._z5��rvt�o r Previous Employers and Positions �,� �rs r.�i�(1 al,ov� c.rn o I e v��— �r�vie u.S �,�v�o� •� ri� ' 7�ter �t�. L T�, aN� -S'.��'l►G��s f e rn� B�1 T��eew� �e . In which Board(s) are you interestetl? �1�„��1�'�'�yp aN� i�0�4// � �tiin��se� Sneci�l O��fications for specific board(s) (include past board service) �a 5-�- Y�/1�_,w,,b�r- o-,� � � � � � F ation 1 Background s���,�� 'S Seur� �a ��— — .g.S. - ��S. Q m�N. S'ommunitv Activities (Include offices held and committee service) ' V C� - �, �'ao� � �s-�--� �o �a� �'��.-ti �.�r'ieu.s o �ci��sy . an��irar�ac� C�,l�„�yn��r e��.�.�►�,� r�� —.<'�ti�iwe.�l �' .�J,��� _ �'��� �irard�c� ��+v�. n�t-u�---��a r�.�F �C e�� • �'I� _[ �r�MAv�c���2 cl �tl�u a. � ��-�-v —CC�-mr�]����a��rs �- C'�i.rrs,F�a�u �,u,rr�— �'v�r�oc�5� Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime� B. Morning Noon Afternoon Evening_� Anytime By signing tliis document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. �i ned •LJ �1.� -- - � g Date }�eneux� �-13-q�, ** Board Member Summary Sheets are valid for one year from the date that they are signed. 4 City of Cape Girardeau, Missouri Ot�fice of the City Manager Council Memorandum No. �5 � July 19, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Preliminary Engineering Report from William A. Greene& Associates, Inc. for Modifications at the Solid Waste Transfer Station Dear Mayor and Council Members: The City Council recently approved an engineering services contract with Greene Engineering for possible modifications to the Transfer Station located off South Sprigg Street. The services included preliminary engineering and feasibility study for possible modifications to the Transfer Station. The report evaluates possible modifications to the Transfer Station, eliminating the hydraulic compactors/containers and utilizing open top solid waste transfer trailers to contain and transport the waste from the transfer station to the landfill. The preliminary study finds that the conversion is feasible and will improve the efficiency of the system resulting in long term cost savings. Please find attached the Executive Summary from William A. Greene& Associates, Inc. explaining �that the project is feasible and the conversion should save the City at least $ 21,000 per year in maintenance costs and operating expenses. The station's cunent operation will require us to spend at least $ 260,000 in the ne�two years on equipment replacement. Within the next five years we would also have to spend at least another $ 160,000 to continue cunent operation with the compactor system. This increases the amount of savings by converting to the trailer system. The total cost of the modifications to the building, a larger front end loader and a trailer transfer tractor is estimated at $ 346,600, we have $ 55,000 in this year's budget for replacement of our e�sting front end loader. The required budget appropriation to fund the conversion would be$ 291,600. This would be taken from the Solid Waste Fund Balance. It is recommended that the Council authorize the City Manager to proceed with the conversion of the Solid Waste Transfer Station Facility. William Green, PE. will be available at the study session to answer any questions you may have about the report. Respe Ily submitted � Do g as K. Leslie blic..Wor Director � Michael G. er - City Manager � � Executive Summary This report examines the feasibility of converting the existing Cape Girardeau Solid Waste Transfer Station From: Compactor & container transfer system To: Open-top transfer trailers with walking floors CONCLUSION: This conversion is feasible. The walking floor trailers have the desired reliability and capacity for transfer of the waste. Report Limitations This transfer station utilizes a compactor system with matching containers to transfer waste from the transfer station to containers, then to "roll-off" trailers, then to the landfill. In excess of 95� of the waste that comes into the station is transported out via the compactors and compactor containers. This report is limited to a comparison of the existing compactor system vs. open-top transfer trailers with walking floors. The station also utilizes several other open-top containers and � equipment for periodic movement of appliances, special wastes, Clean-up Week bulk wastes, etc. There would be no change in rmiscellaneous operations at the station. Cost Comparison Summary Without this conversion, the City will need to expend $260, 000 in 1999-2000, an estimated $205, 000 by 2004 . Expenditures for equipment from 1999 through 2009 are estimated at $465, 000 less equipment salvage value. With the conversion, the City will need to expend $281, 600 in 1999- 2000, and can reduce maintenance costs by $21, 000. Over the next 10 years, the net equipment expenditure would be $281, 600 less $21,000 x 10 years, or $80, 600 less salvage value. Highwav WeiQht Limits At this time the Missouri Department of Transportation allows a weight limit exception for sanitary solid waste. Normal GVW limit is 80,000 lb. For units transporting sanitary solid waste, the GVW is: Secondary Highway System: 112,000 lb. Interstate Highway System: 80, 000 lb. However, this exception may be removed in the near future. Also, moving units loaded to 112, 000 lb. into and out of a landfill is � very . hard on the equipment. Therefore, all calculations in this report are therefore based on GVW limits of 80, 000 lb. :-� CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Memorandum No. 36 July 12, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Hackberry Street Petition This office has received a petition requesting the extension and paving of Hackberry from Benton Street west to West End Boulevard with P.C.0 pavement, thirty feet wide, with concrete curbs. In order to be a valid petition for a special benefit assessment project the following criteria must be met: 1) a majority of tracts abutting the proposed improvement are represented in favor on the petition,2) a majority of owners of the tracts abutting the proposed improvement are represented � in favor on the petition, 3) a majority of front footage of property abutting the proposed improvement are represented in favor on the petition. Although the petition bears the signatures of 116 citizens,none of the signatures are from the abutting property owners. Statutes state that if the proposed street is 1200 feet or less, and connects two high type pavement streets, the city may authorize the street improvement and t� bill it to the abutting property owners. The proposed improvement is approximately 1000 feet in length and connects two high type pavement streets. Therefore, the council could force the improvement and tax bill the abutting property owners, even though the petition is insufficient. However,the abutting property owners could protest the street improvement. If they do then the City could only assess half of the cost of the project with the City paying for the remainder. Several issues need to be addressed before Council decides its course to take: 1. None of the abutting property owners have signed the petition. 2. Only 230 feet of platted right of way currently exists. None of this right of way has any improvements on it. The remaining 769 feet of right of way will have to be purchased. All of this is through the West End Industrial Park. 3. The majority of the street will be in an industrial park and will have to be 40 feet in width. 4. A large ravine will have to be crossed. This ravine will have to be filled and a box culvert will be needed to complete the road project. � 5. This project is estimated at approximately$500,000,including land acquisition, engineering,and construction. � The originator of this petition is quite anxious to hear from the City as to our intention on this matter; therefore, it is recommended that the City Council discuss these options and advise the � Engineering Division on how you want us to proceed. Respectfully submitted �,.� ��.'� , i�� Mark A. Lester, P.E. Ci ngm er � . , r Micha . i er � City ana � � � I�, � ,m � — -=��I�--- i= ��c�lri3a `-�I r- ---------- j"�� ,, .- - ----T _ ?' 1, i� - : -_ ! �r . --' = :1 . _ � _ wf�/ � � ' J .� � i w _�� LL i.L� m I L ' I L � � . OJ �'� �' w �rl � � � �,_ � Wm � ~ � CC � W W o (� w � m � N � ✓ � � ✓ I \ 1. Q wz � �/ , \ = w� M� J�/ � 1 w v� z � � � - - oQ z� � �- � �,, � �� -- �--1--T--, i�-�-, r--r-- ,,- -- ' ; ,�r�, j\ , ; '_ � i � _ ! ; __- '' �i �) �� I ' i � � � '_ _ , - , � ' - � ' ; = I � , _ = i� �. '',� , , � , � , ! ; ' r � ' i -��� i� � -�� -Y `- � -+ u� �- �`; ��' .,,�- - i - - - � - _ � I � - - �� ( C'� � L� ,(\ '� � �f' G � d O �t pp O � O \ /• O Z � - _ � w— � N � , Q ( � � o z I a � o � � w � z z n- w O o � �_ z � � z o w � w cn � z � � r- t= c� z ~ G F= w Z w � � � Z Z � �n �� �1 � •' � G � '� � Z � � ' � �i �i C_A �. � I i �y � "( � ! I � � � ' 'J I ; I -' � __ ', i - ', ' � w � '�� �,-i i I I � W I ;; I � ', L ', j F I . � � .� � � . I � i �- _ �. .._. I ��. . _ � � i u - � ` i ------� � ' I '� w i � , ,-`� j � ,;', ' �=- , � r- I _ i � Z � � I � I � :� ! L ! ' I i % W � i i � " � � W �- i,L , -.- � ���� � � i �, � i - i �I � �� � � _ � � I �' COy� � > � � � CL i i i _ i i-i .-. � > i i � � W �Q i U� l Q � � �J � . / i^� � � � � i H � � � � ,� � QQ � � � � l � � � , � � � ,", �, n � � �� � w W Wz � � iI� z ,� � H- '1 cu v � J � r � � (� � � � Q Q .J Q � � � V Q ~ O O � 0 Q O � � d � Z Z � � Z Z L� 1- 4- �` a�vn��noe a�i3 1S3M Proceedings of the Gity Council, City of Cape Girardeau, Mo. Zbi Executive Session July 6 �g 99 — ——�- --- -- ------- - - ---- � — — , - �� �/,' """"'�" "`"� EXECiTTIVE SESSION —July 6, 1999 'I I �v�ii �u�l�I � ���►�� !' � �i The following items were discussed in execudve session on July 6, 1999: ;! � I� i� Mt. Auburn Road Extension: Martha Brown and Ken Eftink from Planning Services made a �' presentation to the Council regarding the Mount Auburn Road Extension, Bloomfield Road to � Missouri Route 74, land acquisition. Proposed agreements for the Exct�nge of Real Property between the City and Earl H. Norman and Ruth A. Norman, and between the City and D & D Cape [nvestments, L.P., were handed out and discussed. These agreements would provide the ciry with the rest of the right-of-way needed for this road extension and would lock in payment of � the road assessment amounts from each of these property owners. A moUon was made by Mr. 1� Eggimann, seconded by Mr. Stoffregen, to approve these agreements for the land acquisition as !i presented and to authorize them to be executed by the Ciry Manager. The moUon was approved � with the followin roll call vote: E mann a e• Gatele , a e; Kasten a e; Neume er a e; ,, S SS� • Y , Y Y , Y Y , Y !� Stoffregen, aye. Nays, none. '' �i There being no further business, the executive session adjourned upon Mr. Stoffregen's motion, Mr. Neumeyer's second, and the following roil call vote: Gateley aye; Kasten, aye; Neumeyer, aye; Stoffregen, aye; Eggimann, aye. Nays, none. � A. M. Spradling, III, Mayor Gayle L. Conrad, City Clerk ii ,i ;'; , i; ' ,; �; ;I i I j'; i; I� ,; ;' �, �. ��. �� ;, ; ;i ;i �; �� �. ' �i � !! � �� , � i � " Proceedings of the City Council, City of Cape Girardeau, Mo. Zs� xegular _ Session -- - J��Y�------ 19 99 — -- --------- � �D - ---- ;� -�-�:�-� ."� �- ; t�Gui,� sEssioN -J��iy 6. 1999 r ' .� `, � , .: � �� �. � Council convened in regular session on Monday, luly 6, 1999, at 7:30 p.m. with Mayor pro tem Melvin Gateley presiding and Council Members Richard Eggimann, Melvin Kasten, Tom Neumeyer, Jay Purcell and Frank Stoffregen present. Mayor Albert Spradling was absent. The C'itv Coun�il convened in execuiive session prior to d�e regular session for the purpose of discussing land acquisition upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Stoffregen. Nays, none. The invocation was presented by Mr. Keith Deimund, and tl�e Pledge of Allegiance was recited. The minutes of June 2l, 1999, regular session were approved upon Dr. Kasten's motion, Mr. Stoffregen's second, and the following vo�e: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. The agenda was adopted as distributed upon l�tr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. This be;s�g the ciate set for a public hearing regarding the request of Summit Enterprises, L.L.C. � and Howard G. Kincfer, Sr. and Betty J. Kinder to rezone Lots 1, 2, 3, 4, l4, 15, 16, and 17, of the Second Amended Plat of Lynwood Hills Estates from R-1, Single Family Residential District, to R-3, Two-Family ResidenUal Distr�ct, the hearing was opened. Mr. Keith Deimund addressed the Council representing Summitt Enterprises, L.L.C. He explained that they i�ave a contract for sale on these lots, and the developer plans to build two- family residences with two car garages attached. There being no further appearances, the hearing was closed. B[LL NO. 99-147 was given first reading as follows: AN ORDINANCE AMENDfNG CHAPTER 30 OF THE CODE OF ORD[NANCES OF THE CITY OF CAPE G[RARDEAU, MISSOUR[, BY CHANG[NG THE ZONING OF PART OF LYNWOOL3 H[LLS DRNE, CITY AND COUNTY OF CAPE G(RARDEAU, MISSOURI FROM R-l TO R-3 The first reading of E31LL NO. 99-147 was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and d�e following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. This being the date set for public hearing regarding a request for Glynn Robison and Denise Robison for a Special lJse Permit for an insurance agency office at I51 I Bloomfield Street in an R-2, Single Family Residential District, the hearing was opened. � Mr. Glynn Robison appeared stating that they primarily deal in corporate insurance. Therefore, he did not feel that traffic and parking on Bloomfield Street would be any problem. Mr. Stoffregen asked him where the two property owners were in relation to his property that had written notes presented to the Council at the June 21, 1999, meeting. He stated that they join the back of his property and do not face Bloomfield Street. There being no other appearances, the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. ?�� — Regular—-- — -- SeSSiOn .i�,�y � _ 19 99 --------—--- — 528340 -----�---- -- _._ . ------- -- ..--- --- - - .--*^\. . �. ' � E31LL NO. 99-IS4 was given tirst reading as foliows: , � �: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GLYNN ROBISON AND DENISE ROE3ISON, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATINC� Al�` INSURANCE AGENCY OFFICE [N A RESIDENCE AT I511 E3LOOMFIELD �TREET, IN THE CITY AND CQUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 99-IS4 failed for fack of a motion. Findings and Conclusions denying the application «�ere adopted upon Mr. Neumeyer's motion, Mr. Stoffregen's second, and the followin� roll call vote: Dr. Kasten, aye; Mr. Neumeyer, aye; Mr. I'urcell, aye; Mr. Stoffregen, aye; lV(r. Eggimann, aye; Mr. Gateley, aye. This being the datz set for d�e public hearing pertaining to amendments to d�e Zoning Ordinance, Section 30-24, Section 30-25, Section 30-269 and Section 30-27 regarding truck parking regulations the hearing was opened. There being no appearances, the hearing was closed. Mr. Dennis Dobson, Chairman of the Ethics Commission, gave a report on the history of the Commission and said that cit►zens have a place to go with complaints of ethics violations by certain city officials Ms, Purcell asked what avenue citizens snould take to make a complaint. Mr. Dobson said U�ey coufcl eit��er contact him, or the C�ity Attorney, Mr. Eric Cunningharr�. During commui�ications presented by Council members, N1r. Eggimann voiced support for the Police Departmen�. He said he felt it was really scrange when policemen were injured and ot't�ers � were cfemanding reu�ibudon for it. Mr. Eggimann also voiced support for the Ward System as being the ultimate democratic way for city officials to be elected. He said the perception of voter apathy was more a lack of major issues to be voted upon. The following bills were given second and third readings: BILL NO 99-142 F�N ORD[NANCE AMENDING CHAPTER 19 OF THE CITY CODE RELATING TO CLASSIFICAT[ON OF EMPLOYEES E3ILL NO. 99-141 AN ORD[NANCE APPROVING THE RECORD PLAT OF AQUAMSI BLUFF TOWNHOUSES BILL NO. 99-145 AN ORDINANCE AUTHORIZ(NG THE MAYOR TO ENTER fNTO AND ACCEPT(NG AN EASEMENT AGRGEMENT W[TH UNION ELECTRIC COMPANY, A MISSOURI CORPORATION, D/B/A/ AMEREN UE, FOR THE SANITARY SEWER (MPROVEMENT PROGRAM — LIFT STATfONS AND FORCE MAIN PROIECT Dr. Kasten made a motion, seconded by Mr. Eggimann, to approve the second and third readings of QILL NO.s 99-142, 99-141 and 99-145 and the ordinances were adop[ed with the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. BILL NO. 99-142 is ORDfNANCE NO. 2553; BILL NO. 99-141 is ORD(NANCE NO. 2SS4; and BILL NO. 99-145 is ORDINANCE NO. 2555. Qf LL NO. 99-153 was given first reading as follows: � � Proceedings of the City Council, City of Cape Girardeau, Mo. 25% Regular Session July 6 _ �g 99 ___ .. _ - _ __ _ 4` $2834U � .� � . . '� �".•: W . _.__. - -- - �- � - - . _. . .--- --- --�----. . _ _. li AN ORD(NANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO PARKING, STOPPING OR STANDING OF TRUCKS OR COMMERCIAL MOTOR VEHICLES Mr. Eggimann made a motion, seconded by Mr. Purcell, to approve the first reading of B[LL NO. 99-153. The motion was approved with the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. BILL NO. 99-IS2 was given first reading as follows: AN ORDINANCE AMENDWG CHAPTER 26 OF THE CITY CODE RELAT[NG TO TRUCKS PARKING REGULATIONS Mr. Neumeyer made a motion, seconded by Mr. Stoffregen, to approve the first reading of B[LL NO. 99-152. The motion was approved with the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. BILL NO. 99-151 was given first reading as follows: AN ORD�INANCE AMENDWG CHAPTER 18 OF THE CITY CODE RELATING TO CONfMERCIAL VEHICLES IN PARKS � Dr. Kasten made a motion, seconded by Mr. Purcell, to approve the first reading of B(LL NO. 99-151. Mr. Eggimann noted that these truck ordinances were only to clarify and provide uniformity among the truck ordinances. The motion was approved with the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. BILL NO. 99-148 was given first reading as follows: AN ORDWANCE AMENDING SCHEDULE T OF SECT[ON 26-260 OF THE CITY CODE, ESTABLISHING A HANDICAPPED PARKING SPACE ON SUNSET BOULEVARD, [N THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Neumeyer made a motion, seconded by Mr. Purcell, to approve the first reading of BILL ' NO. 99-148. The motion was approved with the following vote: Ayes, Eggimann, Gateley, ' Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. ', BILL NO. 99-149 was given first reading as follows: AN ORD[NANCE APPROPRIAT[NG FUNDS FOR CONT[NGENCY, PUBLIC WORKS, GENERAL CAPITAL IMPROVEMENT, INTERNAL SERVICES, PUBLIC SAFETY, PARKS AND RECREAT[ON, HAZARD M[TIGAT[ON, GENERAL FUND TRANSFERS, i ADMIN[STRAT(VE SERV(CES, DEVELOPMENTAL SERVICES, [N THE CITY OF CAPE i GIRARDEAU, MISSOURI � '� � �' Mr. Eggimann made a motion, seconded by Mr. Purcell, to approve the first reading of B[LL NO. 99-149. The motion was approved with the following vote: Ayes, Eggimann, Gateley, � Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. � � ,� i iI ,i Proceedings of the City Council, City of Cape Girardeau, Mo. 2s's Regular SesslOn July 6 �g 99 sseaw ---- — ---- _. -- � _ .,... „� B[LL NO. 99-160 was given first reading as follows: AN ORDINAN('E AUTHOR[ZING THE ACQUISITION OF PROPERTY FOR THE WIDENING OF MT. AUE3URN ROAD QETWEEN INDEPENDENCE AND WILLIAM STREETS AND IMPROVEMENTS TO THE INDEPENDENCE STREET AND MT. AUBURN ROAD INTERSECTION Mr f'urcell inacie a motion, seconded by Mr. Eggimann, to approve d�e first reading of BILL NO. 99-160. The motiorr was approved wiU� the fol[owing vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purceli, Stoffregen. Nays, non�. BILL NO, 99-I50 was presented as follows: A RESOLUT[ON OF THE CITY OF CAPE G[RARDEAU, MISSOURi, AUTHORIZING THE C(TY MANAGER TO ENTEIt INTO A NEGOT[ATOR SERV[CES AGREEMENT WITH S(TE�F[ND�RS, INC, FOK THE ACQl11SITION OF PROPERTY FOR THE NEW ALIGNMENT OF �IOPPER ROAD BETWEEN IVIT. AUBURN AND KAGE ROADS The reading of BILL N�. 99-I50 was approved and d�e resolution adopted upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gatefey, Kasten, Neumeyer, IPurceli, Stoffregen. Nays, none. BILL NO. 99-150 is RESOLUTION NO. 1477. BILL NO. 99-157 was presented as follows: � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHEAST M(SSOUR[ STONE COMPANY FOR DIRT REMOVAL The reading of BILL NO�. 99-157 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Stoffregen's second, and d�e following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. B[LL NO. 99-157 is RESOLUTION NO. 147$. BILL NO. 99-156 was presented as followse A RESOLUTION AUTHOR[ZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SAFE HOUSE FOR WOMEN, INC. FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOC(AL SERVICES - DIVISION OF FAMILY SERVICES The reading of QILL NO. 99-156 was approved and the resolution adopted upon Dr. Kasten's motion, Ivlr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. BILL NO. 99-156 is RESOLUTfON NO. 1479. BILL NO. 99-I55 was presented as follows: A RESOLUTfON AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE SALVATION ARMY OF CAPE GIRARDEAU FOR EMERGENCY SHELTER GRANT FUNDS FROM THE MISSOURI DEPARTMENT OF SOCIAL SERVICES - � DIVISION OF FAMfLY SERVICES � Proceedings of the City Council, City of Cape Girardeau, Mo. 2` Regular SeSStOn _ July 6 _ _ �9 99 _ _ _ _ _ sza:s.o - The reading of E3ILL NO. 99-ISS was approved and die resolution adopted wid� a motion by Dr. Kasten, seconded by Mr. Purcell, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. BILL NO. 99-ISS is RESOLUTION NO. 1480. E31LL NO. 99-158 was presented as follows: A RESOLUTION AUTHORIZINC� THE CITY MANAGER TO EXECUTE AN ADDENDUM TO AN ENGINEERING SERVICES CONTRACT WITH KOEHLER ENGINEERING AND LAND SURVEYING, (NC., FOR THE MT. AUBURN CORR[DOR WATERL(NE PROJECT The reading of E3[LL NO. 99-158 was approved and d�e resolution adopted witl� a motion by Mr. Neumeyer, seconded by Mr. Purcelf, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcelf, Sroffregen. Nays, none. B[LL NO. 99-158 is RESOLUTION NO. 1481. B[LL NO. 99-159 was presented as follows: A RESOLUTION AUTHORIZWG THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ASA ASPHALT, INC., FOR THE 99-2 STREET OVERLAY PROGRAM The reading of E31LL NO. 99-IS9 was apnroavEd and the resolution adopted with a motion by Mr. f�urcei!, seconcied by Mr. Stoffregen, and the following vote: Ayes, Eggimann, Gateley, Kasten, � Pieumeyer, I'urcell, Stoffregen. Nays, none. B[LL NO. 99-159 is RESOLUTION NO. 1482. Dr, Kasten made a motion, secondeci by Mr. Purcell to reimburse the developer of Randol Farms ( 1°i Subdivision for the cost of increasing the width of Abbey and Kenneth Streets from the standard 30 feet to 36 feet amounting to $15,045.00. The motion was approved with the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. p motion to accept the petition and grant a variance for the Walnut Street Improvement was made by Mr. Neumeyer, seconded by Mr. Stoffregen, and approved with the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. A motion approving improvement plans for the improvements in Vernon Rhodes Subdivision was made by Mr. Eggimann, seconded by Mr. Stoffregen, and approved with the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. , Mr. Dennis Dobson appeared on behalf of Lone Star Industries asking for more information about the Police Firearms range. He works for Lone Star and was concerned about safety of their employees. City Manger, Michael Miller, suggested that Mr. Dobson contact Police Chief Rick Hetzel for current plans for the berms. There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. i � li A. M. Spradling f1(, Mayor �ii I�'� �� �,I Gayle L. Conrad, City Clerk AIRPORT BOARD MINUTES June 15, 1999 Mac's Smokehouse Airport Restaurant � Members Present: Harry Drummond Wm. Gerry Keene, III, Dan Overbey, James Trickey Steve Robertson, Members Absent: John Ferguson, J. Fred Waltz, Mark Seesing, Jim Withers Others Present: Bruce Loy, Airport Manager; Carol Peters, Airport Secretary; Travis Aiken, S�utheast Missourian I. MINUTES OF PREVIOUS MEETING Mr. Overbey made a motion to approve the minutes of the May 11, 1999 c seconded the motion. The motion passed by unanimous vote. II. OLD BUSINESS A. Monthly Activity Report - Mr. Loy reported that the airline enpla e - on TWE and traffic for the month was even with last year's traffic during May. B. Report on Model Air Show - Mr. Loy stated he was very , =me of the recent Modeler's Show. Public reception of the event appears to be very :. � pla : airport would be interested in hosting the event again next year if the SEMO del do it It is a great event for aviation education and does not require a lot of w "": t � staff. - w s an estimated 1,000 people here throughout the day. G Air Festival Update - Mr. Loy explained the ai ng t with inute changes in the performer line up due to the F-15 t ng sew d the g grounded by the FAA for safety concerns with the st of aft. ir For - oing their best to find us a replace . The N e e F-1 5 nstration. Over 25 warbird and performer air duled or e w Lo ded the board members that we � are still i shi teers. ' - ,the E rs of the ticket prices of $7.00 adult, s, 6 er free. >�� R � co ded Mr. Loy and his staff for organ it :help of al c ` s. � "r. Loy informed the members of a Veter ia for ay, Jul �� ap �Park. Friday will be the air festival media day a : for th d : and m ° h�"; ���ndividuals. ��.. °� �' �. III.NEW BU ��� �_ . Airpo � trial ' �� �"Mr. Ski wood was scheduled to make a presentation regarding Amer InSite strial p "' � evelopment. Mr. Smallwood was unable to attend the meeti - -,ore, ex��,K�,, the program to board members while showing them a map locating the C st Sit sibl �'�tti�� airport land acquisition site. Ameren's InSite program is intended to ,�.,.�, devel ister - og a s ble industrial sites and have all information available for interested corpo hen - ey inq�lire� �out our area. IV.NON-AG Mr. �avis Aiken to the board. He is the Southeast Missourian's new reporter assigned to the Ci rdeau. Mr. nformed the board of plans by the Missouri Department of Revenue to begin a repaving projec e southbound lane of I-55 in early July. He updated the board on the progress of the congressional bills pending referencing AIP legislation. HR1000, as it is currently written, would take the aviation trust fund out of the budget and would allow for � multiple years for AIP legislation. It would raise the reimbursements from $500,000 to $1.5 million for eligible airports and would increase the maximum rate for Passenger Facility Charges from $3.00 to $6.00. Mr. Loy presented the board with e-mail information from the AAAE in reference to these issues. The board agreed that if Mr. Loy found other pertinent information in the e-mail messages, they could be forward with the monthly agenda packets. Airport Advisory Board Minutes 6/15/99 Page 2 Mr. Robertson requested the financial revenue reports be established as a monthly report received by the � board members. � Mr. Trickey voiced his concerns with the aircraft rental policy of Air Evac Aviation a made a motion which Mr. Robertson seconded for Mr. Loy to have a discussion with Air Evac viati regards to the rental policy of their fixed wing aircraft. ADJOURNMENT There being no further business to discuss, Mr. Ferguson made a motion to . M econded the motion and the meeting was adjourned at 6:25 p.m. Minutes prepared by Carol Peters, Administrative Secretary Minutes Approved By: J. Fred Waltz �� e Chairman Airport Advisory Board � � � � t v':•t *?:. :.�`- �'f � �� �� � � � � �-: ✓�a ��a� �S f:: „� .-�i � � �'.: �� . / €-` k' :� t t '' sa�;� � .. . _1/��/�� CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Regular Meeting: June 24, 1999 � ATTENDANCE: The Cape Girardeau Public Library Board of Trustees met Thursday, June 24, 1999 at 7 a.m. in the Hirsch Community Room of the Library. Present: President Jackie Clark, Jan Ruopp, Michael Maguire, Sam BIackwell, Peter Maher. Absent: William Rader, Jane Jackson, Cyndy Hall, Donna Maguire. Also present: Director Betty Martin, Phyllis Jackson, Ann Randolph, Candace Heise. MINUTES: Upon a motion by Janet Ruopp, seconded by Peter Maher, the May minutes were approved. BILLS: The bills were presented for payment. Michael Maguire made the motion, seconded by Sam Blackwell, that the bills be approved. Motion carried. PRESIDENT'S President Jackie Clark urged board members to please sign a proxy if they REPORT know ahead of time that they are going to miss the board meeting. DII2ECTOR'S Staff—Kathy Davenport has been hired to replace Shannon Newcomb in REPORT the floater position. An applicant has been offered the position of Youth �III� BETTY MARTIN Services Assistant waiting for decision. Tiffani Cross, who holds the � 'T position now, will be leaving July 9. Through the EMAA Summer Youth program, Betty Wolford and Tabitha Elfrink have been hired by the library to work until mid-August. The agency pays 100% of salary with the library's responsibility being $150.00 per person for workmen's comp. Planning for Results—Michael Maguire has agreed to chair the Community Planning Committee. Betty has been calling people to serve on the committee and the first meeting has been scheduled for Friday, July 23, 11:30-5:00,with lunch provided. The meeting for August will be scheduled at that time. HLC—over 40 children have registered for the summer program with approximately 20 children showing up every day. LSTA Grant—The $12,000 grant that was received for computers and a CD Rom Server had funds left as the CD Rom server was lower in price than was expected. Approval was given by the State Librarian to use the left- over funds for a new computer. MPLD—Betty attended the Missouri Public Library Director's meeting in Chillicothe on June 3 & 4. Genera.l discussion was on future of libraries. � State Librarian Sara Parker reviewed the appropriation requests that await . ^ the Governor's signature—State Aid at $.50 per capita, additional money � for Morenet and also looking at increasing bandwidth to include video conferencing capabilities. Each library will receive a portion of the $829,000 out-of-state Entertainer's Tax for purchasing materials. Sara also stated that there is still LSTA money available for ADA compliant adaptive computer devices and for teleconferencing equipment. Outreach—attended the Project Impact meeting on June 17`h. The staff will look at and perhaps revise CGPL's Emergency manual. Betty reported that she was invited to be on KRCU's " Going Public"—the program should air in the next few weeks. ADULT Candy announced that the Adult Reading Program is very successful with SERVICES eighty-six sign-ups to date. The Poetry Program held on May 24 was C. HEISE attended by 28 people. The next Poetry Program will be June 28. YOUTH SERVICES Summer Reading Clut�—now has 502 sign ups. The YA programs are A. RANDOLPH going great with nineteen teenagers showing up for the hemp jewelry craft program. � COMMITTEE Building & Grounds—Pam Davidson will be at the board meeting at 7:30 REPORTS this morning to discuss renovation plans with the Board. Nominating Committee—Jan Ruopp, Chair, gave the following slate of officers for the 99/2000 year: President, Cyndy Ha11; Vice President, Donna Maguire; Secretary, Sam Blackwell; Treasurer, Michael Maguire. Upon a motion by Peter Maher, seconded by Jan Ruopp, the new officers were elected. OLD Friends/Foundation—Bids are being looked into for shelving and painting BUSINESS of the periodical room. NEW BUSINESS A plaque was presented to Jackie Clark in appreciation for serving as President the past year. T'he Board also expressed their thanks to Peter Maher for a job well done as this was his last meeting to serve on the Board. ADJOURNMENT The meeting adjourned at 8 a.m. Phyllis Jackson Recorder � 2 �D�� � CITY OF CAPE GIRARDEAU PARKS AND RECREATION ADVISORY BOARD JiJLY 12, 1999 The Cape Girardeau Parks and Recreation Advisory Board held their monthly meeting at 530 p.m.on July 12, 1999 at the City Hall Council Chambers. Present: Jay Knudtson,Chairman Dan Muser,Director of Parks&Recreation Larry Essner,Board Member Scott Williams,Recreation Supervisor Sheila Caskey, Secretary Marcia Stone,Administrative Secretary Rocky Hayes,Board Member Mike Keefe,Board Member Mike Kohlfeld,Board Member Douglas Watson,Board Member Absent: Guest: Terry Ashby,Vice-Chairman David Goncher,Board Member Jay Crosnoe,Board Member Rick Wieser,Board Member Chaurnan Jay Knudtson opened the meeting at 537 p.m. Motion made by Sheila Caskey,seconded by Larry Essner to approve the May 10, 1999 and June 14, 1999 minutes. Motion passed. � OLD BUSINESS A. Capaha Bandshell Director Dan Muser informed the members that the Capaha Bandshell lighting project was completed last week. T'he project replaced the outside lighting with vandal resistant fluorescent light fixtures. B. CAYSA Showcase Soccer Field Cape Area Youth Soccer Association has donated funds for material for a tournament level soccer field. T'he lights for the field will be hooked up this summer. A drainage problem on the field will be corrected with underground drainage. Park maintenance is providing the labor for this project. C. A.C.Brase Arena Renovation The A.C.Brase Arena renovation is underway with the construction work on the main men's restroom. All indoor restroom facilities are to be expected to be completed by the first of September. The construction of the front counter area of the office will resume again with the arrival of the heating/air- conditioning unit. D. Pool Air Structure Director Muser reported that he has met with the Public School officials and reviewed the air structure design that the school will bid out. The school district's insurance will provide the funds for the replacement cover. � � PARKS AND RECREATION ADVISORY BOARD NLY 12, 1999 PAGE 2 E. Aquatic Center The Board discussed their role on the future plans for a proposed aquatic center. The city staff facilities team is currently working on future city facility needs. The aquatic center will be one of the facilities in the plan. Director Muser will keep the board informed on the progress. NEW BUSINESS No new business. Other Business Recreation Supervisor Scott Williams informed the Board that the recreation classes are half way through their summer program with everything going well. He informed the members that the ASA Girls Tournament was held this last weekend with 18 teams participating from Jefferson City, Springfield,and Columbia,Missouri along with local area teams. The Cape Girazdeau Girl's Team received the second place trophy. The tournament went very well with a short rain delay. There being no further business,the meeting was adjourned at 6:15 p.m.with a motion from Sheila Caskey and second by Larry Essner. Motion passed. � Respectfully submitted, Marcia Stone,Administrative Secretary � ,. ��>::::'�:::::>:::::::<:>> ;,;:" :»»:�`�t:<:>:::::>i<:::»:;<;;:;:::::: :«<:;::.:�'�*�!1::::<:::�"i:::::::::: :::z::>:::::<:<;:;;: �``��>::::'�Y:::<;::;:;:;:::[<:`:::i>:':': �:>:::z::::,`i:'::>:::::<::«::>:>::>::::>:: �'::::::.;::.;;;>;:.;.: �'�'s'<:<::;:;:>::::::::>:::«:::: ';;;:�.:.z<:?:::::>:::>>::>:::: :::::::�: �: DRq � July 15, 1999 �� :<::<:>:>::s�::::::>:�`i::;;>;;:,:,<:`«:::>::>:::':: ::::.�!+�ii;:.;:.;�....::.::.::.::.:::::.:::: <<:>:�e3�;>:>::::::>::<:>`«<>>': : >::;:;:�;+�t>::>:::<::::::>::>::>::?::::::>: ?'<:>���:>s>s......;::;:::_;:_;;;;;:;:<;> :.;;;:::1�D<:.:>::>:;>:.«::::::;::::;: O : >.. ;,:;,;:,.;.;::..;,;;,;,;;;;;; To the Honorable Mayor and Council c'�i :: ;: :: '.:;:�:<::�:::.:. ;:o:<:;:::::::::::::::::::::::::: Of the City of Cape Girardeau, Missouri i::;;::::�;::>:<:>: ::::>::::::::::::::::: :;'>>�::<:::�>:>::::::::>:>:;:::»;:;:; ::>:>1�'<::::>::::::::><>::>:::::<:>:<: � ���.�"� Gentlemen: �::'«�::�✓:::::>'::;'::>::::>::>':<::;>:>:<<: >::>��;:::>:_::>:::::<:::::::>::::::>:::::: >::::;:�:::>:::::::::'<:::<::::>>::::>:::: The Planning and Zoning Commission met Wednesday, July 14, 1999. By ;:':::::i�:�i:::::::i:::::'::::`;:::;::::::: ::;':`:�:���::i;'. .::i:i::;:::;:::i>:::::;:::::i: ;.::;::;::�;;:.:;::::::::<:.:;;:::;:;;: majority vote, actual vote counted and in the file,we act and/or recommend as follows: ::;:::;�3:::i:<;<;:::::<:::::;::::<:>::::: �sr:::>::>::::::::»::»>::::::::::: '�:::'::'��::�:`.>::>;;' :.;:.;:.;:.:.;;:.;:.>:.>:.;:.:: >::::>'::»�:...:... ::::::::<�>::>::;::::::>::>::>:::<::::::::: �������°����`� �'�°��°� °�°�'' �° l. That the request of Thomas L. and Helen M. Meyer, Michael (deceased) and ::::_::>� �<��:�<:�>::>::�:::,;::,;::.::::.::::::::::::>>:: �>�,::.:>:.�.:.:...:<::;;. «"�"4�"�� '"'���'�`���°'��'�`����`�`''' Cheri Carlton, W. R. Withers, and Casey's Marketing Company to rezone 802, ;:::::::�,�:�:�:<::::>'":::>::::::<::::»::::>::::::::::>: :``:':`:::�>::`;`;;;:`;;;:`:`:`:`:``` - mm rcial District and G2 �':'>::<::'�;::::;:::::.'.:.<:::>::::::::::»::>:::::::::::::::: 806, and 814 William Street from C 1, Loca1 Co e , ,>::>�::;.;;:;.;:,;;;;:.;;;:; ::::..:�:;:;:::::::;::;;::;::::::::::::: General Commercial District, to C-2, General Commercial District, be >:::::>;:�;>::»::>::>::::>::>:::::<::::::: ':::><�`;�*:::�;�:: ::::>::>.;::::::>::>::>::::>::>:::<:::>:::::> was 8 ;.;:.<:::�::;:;::;::::::;;:;:<;;;::;::; recommended for approval. The vote on the motion to approve the request >:>::::::�;:>:>::::::;::::::>:::::<:::::: ::;:;t�; ;;;;; ; ;; ; ; in favor and none in opposition. � `«:::>*4i:::>::::>;::::>::::>::::::::: >:: , �»'��:�.;:.;:.:. ... '����>::�:<::>:<::;;::::;:::::::::::;>: � K. Juden Post No. 63 :<:�>::::>::>:�:� 2. 'That the r uest of Wade and Jackie Williams and Louis , '�:>::�:�::::>:.. �1 :�<:>':.�::<:,..,.:�.:..��.:>::>:::>��>::::::>:::::::':::�»::::::`::: ������`r�' American on to rezone 701 West Rodne Drive from R-1, Sin le Famil :<:<:�:::;<:>: .:.:.. ::>�:�:>. >:<::::�::::><:��::::::`:::`':::::::`:::>:::: � Y g Y :<:;::'>:`�:::::;::;:;:::<:::::>«:::::':>:`:' - mmercial District be recommended for Residential District, to C 1, Local Co , <:::::::>::;�:::::i::::`:::`<<:::::::::> .;..;>>,;;;;;; ;>;; ;;; j; disapproval. The vote on the motion to approve the request was none in favor �����:::�'�<: >:::»::»::>::>:::::>»>:::<: e this ».,<�.<:_,;:.,:::.:;.;<<:::;;;: and 8 in opposition. The Commission recommended disapproval becaus il ta :::;:::::<��:`;:<:'::><>::::::::::: <:::>:;:::>;:�<: > tan `�:;;:..:.;�.���:�>::�<;..:_;;.;_.;::....:;.;:;:;::;,.,.:..::.,; would constitute spot zoning, and they also felt there would be a subs :....::�:;:;;::::;;;:::>;;;>:.;:::::::::::<: increase in traffic in the area and there would be an adverse impact on the :::::r:�:<��;::>:>:;:>::>::>::i::::::>::>:::>::::::::':s:: neighborhood. :<���`:�::::>:::< ::>::::;:i:::::::<i >»>:::::: N . 63 and �r,�,� Place � rict o 1 Di t hoo s 'r r au Sc 3. That the r ue st of C ae Gi a de �::>'�::'::::>;'�:ia:::::>::::::::::>:>'::>::::::::::;:::::=:<<::::: � P :':;:;:::;;��:::<'>::::><::::::::::;::;:;:�:>;;;:;::;::;;;:::: A uisition LLC to rezone a 10.67 acre tract at the northeast corner of Bertling � � to � rict ' 1 Dist � nt ia R side '1 e fr m R-1 S in le Fami , tr and North S ri S treet 0 S eet � Y `<:::::::;�:�;;;:::::: :< <.<`»':::;::: P � g R-4 Multi le Famil Residential District, and for a Special Use Pernut for a , P Y n fo ra rova l. The r mme ded i n e eco t the same locat o b 1 a 't an P mmuni uni P co , tY P � � n n in o os rtio r and no e r u was 6 in favo , v the est a ro e i n to PP n mot o v te o the 0 PP � ntions. � 2 bste � th a nni trac k and Ca aha Anti ue C ar C lu b for a 4 That the r ues tofJ . W . and Bo e S . q � P � wned tor eo fc lub o � 1 and s f r th� c ub tin lace o � r mee �t fo a P rnu � 1 e e S ecia Us � P gP ! � rict ' 1D ist � ntia '1 Res ide " 1 F , -1 in e arru in R S R ad an 8 7 Pe 'lle o t2 2 v hi les a > Y e c � g j <:<::s>>�:::;::<:::;;;;;<<>::;::`:>: for disa roval. The vote on the motion to a rove the request >:i>�::::>:::::<:>:>::::»::>:::i::::: be recommended pp PP <;:>i1v;::::<:>>:>:::<:>>::::><:;::: 8 in favor and none in o osition. The Commission felt there would be a ;::>::>. :... ;:.;:.;:...:...;:. „� ; was PP � .: �t;;;:.:: ::::::::;:;;; substantial increase in traffic in the area, there is a lack of available parking �.. �" `' ° facilities for the use and there would be an adverse affect on the neighborhood. <:::�:>::::::>:: ::::>::::::::::>:>:: , ;:�v:::>:::::<:::>:<::<::_:_::::>::::> <:>::::>�:::::::>::::>::::::::>::::::>:<:: <:>.�.3::::>::::>:::::<::<::<::<:>::::::: ;;:::<�;>:::<»;:; ;::>: :;: � ; � ' : ;:.:>;Q:::»:> >::>:<::>>:;:::<;: , '�, ; �,3..; � Honorable Mayor and Council Members July 15, 1999 Page 2 5. That the record plat of La Croix Meadows Business Park Phase II be approved, with Phase II to include only Lots 4, �, and 6 as showm on the plat, and that a revised plat be submitted to the staff prior to being forwarded to the Council. The vote on the motion to approve the plat was 8 in favor and none in opposition. 6. That the record plat of Keller Subdivision be approved. The vote on the motion to approve the plat was 8 in favor and none in opposition. 7. That the record plat of Aspen Park Townhouses Phase III be approved. The vote on the motion to approve the plat was 8 in favor and none in opposition, with 1 abstention. 8. That the record plat of Jce Kluesner Subdivision be approved. The vote on the motion to approve the plat was 8 in favor and none in opposition. 9. The revised preliminary plat of Vernon Rhodes Subdivision was withdra��vn from consideration by the Commission. 10. That the record plat of Strack 1 Subdivision be approved, subject to the access easement being � removed. The vote on the motion to approve the plat was 8 in favor and none in opposition. 11. A presentaxion was made by representa.tives of Southeast Missouri State University and Sverdrup on the proposed development of the River Campus and the proposed alignment of the Lorimier Street connection to new Route 74. The Commission was asked to endorse the concept for this development. The Commission moved to endorse the proposed concept subject to a review and comparison of the plan with the Major Street Plan. 'fhe vote on the motion to endorse the concept was 8 in favor and none in opposition. 12. The Commission reviewed information referred to them by the City Council regarding water and sewer planning for the Vocational-Technical School and the new High School. The Commission voted to table action on this referral until it could be clarified as to what the Council desired from the Commission as a response. The vote on the motion to table was 8 in favor and none in opposition. Respectfully submitted, 'Thomas C. Holshouser Secretary Present:McKinney, Mogelnicki,Holshouser, Blank, Buhs, Cox, Dockins, Rediger � Absent: Bockhorst,Haubold