HomeMy WebLinkAboutCouncil.Agenda.12-05-2022.Packet
Rezoning Request - SW Corner of
Lexington Avenue & Big Bend Road
Requested rezoning from R-1 (Single-family Suburban Residential District)
to RUMD (Residential Urban Mixed Density District)
Future Land Use Recommendation: High Density Residential
Legend
.
Property to be Rezoned
Parcels
Zoning District
NC
R1
R2
Created by: Community Development
R4
Carol Peters
RMH
October 5, 2022
Rezoning Request - SW Corner of
Lexington Avenue & Big Bend Road
Requested rezoning from R-1 (Single-family Suburban Residential District)
to RUMD (Residential Urban Mixed Density District)
Future Land Use Recommendation: High Density Residential
.
Legend
Property to be Rezoned
Parcels
Future Land Use
Suburban Mixed Use
Local Commercial
Created by: Community Development
Low Density Residential
Carol Peters
October 5, 2022
High Density Residential
Chapter 30 Amendment Regarding CBD, Central Business District
November 9, 2022
TEXT TO BE DELETED IS SHOWN IN STRIKETHROUGH
TEXT TO BE ADDED IS SHOWN IN RED
ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None
Page 1 of 5
Chapter 30 Amendment Regarding CBD, Central Business District
November 9, 2022
Sec. 30-65. CBD, Central Business District.
(a) tǒƩƦƚƭĻ͵ The CBD is the city's urban mixed-use district. It encompasses the downtown area and contains a
wide range of uses and lot sizes. It also has the largest concentration of historic buildings. In order to
preserve the unique character of the CBD, uses involving outdoor activities are limited to those that do not
detract from the pedestrian-oriented nature and visual appeal of the district. New buildings, as well as
exterior alterations and additions to existing buildings, are required to meet certain design standards to
ensure compatibility. To accommodate existing lots and provide for flexibility in the design of new
development and redevelopment projects, there are no minimum lot standards or setbacks.
(b) tĻƩƒźƷƷĻķ ƦƩźƓĭźƦğƌ ǒƭĻƭ͵
(1) Art galleries or museums.
(2) Auditoriums or theaters.
(3) Banks or other financial institutions.
(4) Banquet facilities.
(5) Bed and breakfasts.
(6) Commercial day cares.
(7) Commercial recreation facilities.
(8) Funeral homes or mortuaries.
(9) Governmental facilities.
(10) Health or fitness centers.
(11) Hospitals.
(12) Hotels or motels.
(13) Institutions of higher education, including universities and business, career, or technology schools.
(14) Instructional schools for art, dance, music, martial arts, or other disciplines.
(15) Libraries.
(16) Medical marijuana dispensary facilities, as permitted in section 30-118.
(17) Meeting halls.
(18) Microbreweries or microdistilleries.
(19) Nursing homes.
(20) Offices.
(21) Parks, playgrounds, or recreation facilities.
(22) Personal service establishments.
(23) Police or fire stations.
(24) Residential treatment facilities.
(25) Residential uses, excluding manufactured homes.
(26) Restaurants or bars.
(27) Retail or rental establishments.
(28) Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital machinery.
Page 2 of 5
Chapter 30 Amendment Regarding CBD, Central Business District
November 9, 2022
(29) Transitional housing.
(30) Veterinary clinics or animal hospitals, excluding livestock and kennels.
(c) tĻƩƒźƷƷĻķ ğĭĭĻƭƭƚƩǤ ǒƭĻƭ͵
(1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106.
(2) Short-term use of shipping containers for accessory uses, as permitted in section 30-105.
(3) Solar energy systems, as permitted in section 30-113.
(d) {ƦĻĭźğƌ ǒƭĻƭ͵
(1) Any use not meeting the requirements of subsection (e)(1) of this section which would otherwise be a
permitted use in this section.
(2) Excursion gambling boats or floating gambling facilities.
(3) Helicopter facilities, in conjunction with a hospital.
(4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105.
(5) Marinas or docks.
(6) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning
district which would allow other buildings or structures of the same nature as a use-by-right.
(7) Telecommunication towers, as permitted in section 30-107.
(8) The allowance of additional height up to a total of 60 feet, not to exceed five stories.
(9) Wind energy conversion systems, as permitted in section 30-113.
(e) {ƷğƓķğƩķƭ͵
(1) All permitted uses shall be conducted entirely indoors except the following:
a. Drive-through or automatic teller machine (ATM) facilities associated with a bank or other
financial institution.
b. Eating or drinking facilities.
c. Live musical performances or the playing of recorded music, provided that such activities do not
violate other provisions of the city Code.
d. Mobile food or beverage service facilities, provided that such activities do not violate other
provisions of the city Code.
e. Parking or loading facilities.
f. Parks or playgrounds.
g. Permitted accessory uses that are customarily conducted outdoors, in conjunction with a
dwelling.
h. Public art.
i. Public recreation facilities.
j. Shipping containers, as permitted in subsection (c)(2) of this section.
k. Solar energy systems, as permitted in subsection (c)(3) of this section.
l. Temporary uses, as permitted in section 30-109.
Page 3 of 5
Chapter 30 Amendment Regarding CBD, Central Business District
November 9, 2022
m. Walk-up windows for food or beverage service, provided that such activities do not violate other
provisions of the city Code.
n. Waste containers, subject to screening provisions as required elsewhere in the city Code.
(2) Design standards for new buildings. New buildings shall be compatible with the general architectural
character of the surrounding buildings in terms of setback, orientation, height, scale, massing,
materials, and colors. New buildings shall not:
a. Disrupt an existing pattern of setbacks along a street;
b. Disrupt an existing pattern of buildings being oriented toward a street; or
c. Result in disproportionate height, scale, or massing relative to the surrounding buildings.
(3) Design standards for exterior alterations and additions to existing buildings.
a. Exterior alterations and additions to existing buildings shall be compatible with the architectural
character of the building being altered or added to in terms of setback, orientation, height, scale,
massing, materials, and colors. Exterior alterations and additions shall not:
1. Remove, materially alter, or obscure significant character-defining features such as
parapets, cornices, belt courses, corbels, quoins, and patterned brickwork;
2. Remove, materially alter, or obscure non-storefront wall openings in a manner that
disrupts an existing wall opening pattern on a public-facing building elevation;
3. Reduce or expand non-storefront wall openings to fit replacement windows or doors,
except for minor shimming; or
4. Replace double-sash windows or divided light windows with windows consisting of a single,
undivided light.
b. Exterior alterations and additions to existing buildings shall be compatible with the general
architectural character of the surrounding buildings in terms of setback, orientation, height,
scale, massing, materials, and colors. Exterior alterations and additions shall not:
1. Disrupt an existing pattern of setbacks along a street;
2. Disrupt an existing pattern of buildings being oriented toward a street; or
3. Result in disproportionate height, scale, or massing relative to the surrounding buildings.
(4) CBD design standards approval.
a.Except as provided for in subsection (e)(5) of this section, CBD design standards approval shall be
required for any new building or any exterior alteration or addition to an existing building,
excluding signs and ordinary maintenance and repair.
b.Application for CBD design standards approval shall be submitted to the city manager using a
form provided by the city and contain all necessary information as determined by the city
manager. Such application shall be processed administratively in accordance with procedures
established by the city manager.
(5) Certificate of appropriateness.
a.A certificate of appropriateness shall be required for any of the following:
1.Demolition in whole or in part of any building, excluding any building demolished by the
city pursuant to chapter 7, article XIII of this code;
2.Painting of an unpainted surface on the exterior of any building, excluding new
construction;
Page 4 of 5
Chapter 30 Amendment Regarding CBD, Central Business District
November 9, 2022
3.Painting of an exterior wall and the roof, trim, or architectural details attached thereto or
contained therein, in the same color, unless such condition already exists ; or
4.Addition or alteration of a mural on the exterior of any building. For the purposes of this
any sign or piece of graphic artwork that is painted or
applied directly to a wall, roof, or other portion of a building.
b.Application for a certificate of appropriateness shall be submitted to the city manager using a
form provided by the city and contain all necessary information as determined by the city
manager. Such application shall be processed in accordance with the criteria and procedures set
forth in section 30-74(j) through (r).
(f) IĻźŭŷƷͲ ğƩĻğͲ ǞźķƷŷͲ ķĻƓƭźƷǤͲ ƭĻƷĬğĭƉͲ ğƓķ ƚƦĻƓ ƭƦğĭĻ ƩĻƨǒźƩĻƒĻƓƷƭ͵
(1) Maximum height: 40 feet, not to exceed three stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Maximum density: None.
(5) Minimum setbacks:
a. Front yard: None.
b. Rear yard: None.
c. Side yard: None.
(6) Minimum open space: None.
Page 5 of 5
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session November 21, 2022 LL-231
STUDY SESSION November 21, 2022
NO ACTION TAKEN DURING THE STUDY SESSION
The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on
Monday, November 21, 2022, starting at 5:00 p.m. with Mayor Stacy Kinder presiding and
Council Members Mark Bliss, Robbie Guard, Dan Presson, Tameka Randle, Nate Thomas, and
Shannon Truxel present.
REGULAR SESSION November 21, 2022
CALL TO ORDER
The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on
Monday, November 21, 2022, starting at 5:15 p.m. with Mayor Stacy Kinder presiding and
Council Members Mark Bliss, Robbie Guard, Dan Presson, Tameka Randle, Nate Thomas, and
Shannon Truxel present.
ADOPTION OF THE AGENDA
A Motion was made by Tameka Randle, Seconded by Mark Bliss, to remove Bill No. 22-178
from the Consent Agenda and adopt the Agenda as amended.
Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle, Thomas, Truxel.
CONSENT AGENDA
Approval of the November 7, 2022, City Council regular session minutes.
BILL NO. 22-172, an Ordinance authorizing the issuance of Special Tax Bills for various
properties for the demolition of dangerous buildings, located in the City and County of Cape
Girardeau, Missouri. Second and Third Readings.
BILL NO. 22-173, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of
Cape Girardeau, Missouri, by changing the zoning of property located at 39 and 45 North
Broadview Street, in the City and County of Cape Girardeau, Missouri, from M-2 to M-1. Second
and Third Readings.
BILL NO. 22-174, an Ordinance vacating the City's interest in certain Public Utility Easements in
the Cape West Crossings Subdivision, in the City of Cape Girardeau, Missouri. Second and Third
Readings.
BILL NO. 22-175, an Ordinance accepting a Permanent Water Line Easement for property
located at 49 Airport Road. Second and Third Readings.
BILL NO. 22-176, an Ordinance accepting a Permanent Utility Easement from Cross Trails
Medical Center for property located at 2430 Golden Street, in the City of Cape Girardeau,
Missouri. Second and Third Readings.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session November 21, 2022 LL-232
A Motion was made by Nate Thomas, Seconded by Robbie Guard, to approve and adopt.
Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle, Thomas, Truxel.
BILL NO. 22-172 will be Ordinance NO. 5599; BILL NO. 22-173 will be Ordinance NO. 5600;
BILL NO. 22-174 will be Ordinance NO. 5601; BILL NO. 22-175 will be Ordinance NO. 5602;
and BILL NO. 22-176 will be Ordinance NO. 5603.
ITEM REMOVED FROM CONSENT AGENDA
BILL 22-178, a Resolution authorizing the City Manager to execute a Design Build Agreement
with Penzel Construction Company, Inc., for the purpose of renovating Central Municipal Pool,
in the City of Cape Girardeau, Missouri. Reading and Passage.
Parks and Recreation Director Doug Gannon gave a brief description of the project and discussed
the cost, operating agreement and contingencies.
A Motion was made by Dan Presson, Seconded by Robbie Guard, to approve and adopt.
Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle, Thomas, Truxel.
BILL NO. 22-178 will be Resolution NO. 3519.
NEW ORDINANCES
BILL NO. 22-177, an Ordinance authorizing the City Manager to execute an Amendment and
Partial Release of a License and Indemnity Agreement with CWC Hospitality, LLC, for Cape
West Crossings, in the City of Cape Girardeau, Missouri. First Reading. The Mayor called for
public appearances regarding this Bill. No one appeared.
A Motion was made by Robbie Guard, Seconded by Dan Presson, to approve.
Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle, Thomas, Truxel.
BILL NO. 22-179, an Ordinance appropriating monies for payment of employee compensation
for services to be rendered during the remainder of the fiscal year ending June 30, 2023, in the
City of Cape Girardeau, Missouri. First Reading. The Mayor called for public appearances
regarding this Bill. No one appeared.
A Motion was made by Dan Presson, Seconded by Shannon Truxel, to approve.
Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle, Thomas, Truxel.
APPOINTMENTS
Appointment to the Liquor License Review Board
A Motion was made by Dan Presson, Seconded by Nate Thomas, to appoint Brandon Cooper to
the Liquor License Review Board for a term expiring December 1, 2025.
Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle, Thomas, Truxel.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session November 21, 2022 LL-233
Appointment to the River Campus Board of Managers
A Motion was made by Robbie Guard, Seconded by Dan Presson, to appoint
Danielle Poyner to the River Campus Board of Managers for a term expiring December 1, 2025.
Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle, Thomas, Truxel.
Appointments to the Show Me Center Board of Managers
A Motion was made by Mark Bliss, Seconded by Shannon Truxel, to appoint Kenneth Haskin to
the Show Me Center Board of Managers for a term expiring December 1, 2025.
Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle, Thomas, Truxel.
OTHER BUSINESS
Appearances regarding items not listed on the agenda.
Martha Hamilton, 2450 Fairview Drive, expressed opposition to specific materials available in
the Cape Girardeau Public Library.
Members of Cub Scout Pack 20, Arrow of Light Den, introduced themselves and were present to
fulfill requirements of their Building a Better World Adventure merit badge.
MEETING ADJOURNMENT
A Motion was made by Robbie Guard, Seconded by Mark Bliss, to adjourn.
Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle, Thomas, Truxel.
The regular session ended at 5:45 pm.
____________________________
Stacy Kinder, Mayor
__________________________
Gayle L. Conrad, City Clerk
BILL NO. 22-177 ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AMENDMENT AND PARTIAL RELEASE OF
A LICENSE AND INDEMNITY AGREEMENT WITH CWC
HOSPITALITY, LLC, FOR CAPE WEST CROSSINGS,
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 Manager, for and on behalf of the City
of Cape Girardeau, Missouri, is hereby authorized to execute an
Amendment and partial release of a License and Indemnity
Agreement with CWC Hospitality, LLC, for Cape West Crossings, in
the City of Cape Girardeau, Missouri. The Agreement shall be in
substantially the form attached hereto, which document is hereby
approved by the City Council, with such changes therein as shall
be approved by the officers of the City executing the same.
ARTICLE 2. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS _______ DAY OF __________, 2022.
Stacy Kinder, Mayor
ATTEST:
_
Bruce Taylor, Deputy City Clerk
1
STATE OF MISSOURI )
) ss.
COUNTY OF CAPE GIRARDEAU )
On this _____ day of _______ , 2022, before me
personally appeared Stacy Kinder, to me personally known, who,
being by me duly sworn, did say that she is the Mayor of the
City of Cape Girardeau, Missouri, a Municipal Corporation of the
State of Missouri, and that the seal affixed to the foregoing
instrument is the seal of said City and that said instrument was
signed and sealed on behalf of said City by authority of its
City Council, and acknowledged said instrument to be the free
act and deed of said City.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my official seal, at my office in Cape Girardeau,
Missouri, the day and year first above written.
My Commission Expires:
______________________ ________________________
Notary Public
2
AMENDMENT AND PARTIAL RELEASE OF
LICENSE AND INDEMNITY AGREEMENT
CAPE WEST CROSSINGS
This Amendment and Partial Release is made this ____ day of __________________,
2022, by and between the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation
of the State of Missouri, 44 North Lorimier Street, Cape Girardeau, MO 63701 (), and
successor in interest to E & R LEASING, a Missouri Partnership, and its
successors and assigns.
WHEREAS, on June 1, 1977, the City and Original Developer entered into a License and
Book 346, Page 5
Indemnity Agreement, recorded in in the land records of Cape Girardeau
County, Missouri for the construction and maintenance of a private roadway
on, over, and across a public sewer easement, in the City of Cape Girardeau, Missouri; and
WHEREAS, said private roadway is now fully constructed and the legal description in
the Agreement extends beyond the boundaries of said private roadway; and
WHEREAS, the City and the Property Owner desire to Amend the Agreement by
partially releasing the Property Owner from the Agreement as it pertains to the property included
in the legal description lying outside the boundaries of said private roadway.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City hereby releases the Property Owner, and its successors
and assigns, from the Agreement as it relates to a portion of the property described in the
Agreement, said portion being more particularly described as follows:
Partial Release of a License and Indemnity Agreement originally granted in Book
346 on Page 05 in the land records of Cape Girardeau County, Missouri, from the
City of Cape Girardeau to E & R Leasing
Part of U.S. Private Survey No. 175, Township 30 North, Range 13 East,
as same is described in a deed recorded in Book 242 at Page 700 in the land
records of Cape Girardeau County, Missouri, described as follows:
Begin at the southwest corner of Lot 4, Block 1, Northview Acres as
recorded in the land records of Cape Girardeau County in Plat Book 5 at Page 5;
thence West and perpendicular to the West line of said Lot 4, 25 feet; thence
North parallel to the West line of Lot 4 to an intersecting point with the North line
of Lot 1 of A Resubdivision of Lot 2 of a Minor Subdivision of Lot B of Cape
West Crossings Phase II Amended as recorded in the land records of Cape
Girardeau County, Missouri in Document Number 2019-10636; thence East along
the North line of said Lot 1 to the West line of Lot 4, Block 1 of said Northview
Acres; thence South along the said West line of Northview Acres to the point of
beginning.
Also, begin at the southwest corner of the aforementioned Lot 4, Block 1,
Northview Acres; thence west perpendicular to the west line of said Block 1, 35
feet; thence south parallel to the west line of said Block 1, 35 feet; thence east 35
1
feet perpendicular to the west line of Block 1, to the west line of Block l; thence
north along said west line 35 feet to the point of beginning, the latter parcel to be
used for constructing and operating a sewage pumping station.
Property Owner is hereby discharged from said portion of its obligations to the City
under the Agreement as it relates to the portion of property described hereinabove and as
Exhibit A
depicted in , which is incorporated by reference, and the Agreement is hereby
amended to remove and exclude that portion of the property as described above and shown on
Exhibit A.
FURTHER the Property Owner agrees it is not released and not discharged from the
remainder of the obligations under the Agreement, which shall remain in effect and binding upon
the Property Owner and its successors and assigns.
IN WITNESS WHEREOF, this Partial Release has been executed as of the above date.
CITY OF CAPE GIRARDEAU, MISSOURI
Dr. Kenneth Haskin, City Manager
ATTEST:
City Clerk
CWC HOSPITALITY, LLC
Scott M. Rhodes, Manager
2
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this ____ day of __________________, 2022, before me, the undersigned notary
public, personally appeared Dr. Kenneth Haskin, who, being by me duly sworn, did state that he
is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the
State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City,
and that said instrument was signed and sealed on behalf of said City by authority of its City
Council, and acknowledged said instrument to be the free act and deed of said City.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in
the State and County aforesaid, the date first above written.
(Signature)
(Printed Name)
My Commission Expires:
STATE OF MISSOURI )
) SS.
COUNTY OF CAPE GIRARDEAU )
On this ____ day of __________________, 2022, before me appeared ,
Scott M. Rhodes
who being duly sworn did say that he is a
Manager of CWC Hospitality, LLC, a Missouri limited
liability company, personally known to me to be the person who executed the within instrument in
behalf of said limited liability company, and acknowledged to me that he executed the same as the
free act and deed of said limited liability company.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in
the State and County aforesaid, the date first above written.
(Signature)
(Printed Name)
My Commission Expires:
3
Partial Release of a License and Indemnity Agreement originally
granted in Book 346 on Page 05 in the land records of Cape
Girardeau County, Missouri, from the City of Cape Girardeau to E
& R Leasing
Part of U.S. Private Survey No. 175, Township 30 North,
Range 13 East, as same is described in a deed recorded in Book
242 at Page 700 in the land records of Cape Girardeau County,
Missouri, described as follows:
Begin at the southwest corner of Lot 4, Block 1, Northview
Acres as recorded in the land records of Cape Girardeau County
in Plat Book 5 at Page 5; thence West and perpendicular to the
West line of said Lot 4, 25 feet; thence North parallel to the
West line of Lot 4 to an intersecting point with the North line
of Lot 1 of A Resubdivision of Lot 2 of a Minor Subdivision of
Lot B of Cape West Crossings Phase II Amended as recorded in
the land records of Cape Girardeau County, Missouri in Document
Number 2019-10636; thence East along the North line of said Lot
1 to the West line of Lot 4, Block 1 of said Northview Acres;
thence South along the said West line of Northview Acres to the
point of beginning.
Also, begin at the southwest corner of the aforementioned
Lot 4, Block 1, Northview Acres; thence west perpendicular to
the west line of said Block 1, 35 feet; thence south parallel to
the west line of said Block 1, 35 feet; thence east 35 feet
perpendicular to the west line of Block 1, to the west line of
Block l; thence north along said west line 35 feet to the point
of beginning, the latter parcel to be used for constructing and
operating a sewage pumping station.
407
Partial Release of
License & Indemnity
Agreement
433 Cape West Crossings
433
µ
461
LEGEND
L&I Partial Release
Street Centerlines
Parcel
050100Feet
1:900
Date: 10/29/2022
___________________________________
Layers provided by the City of Cape
Created by: Development Services
Girardeau are to be used for visual aid only
Teresa Heifner, Alliance Water Resources
and are not gauranteed to be accurate.
These layers are not to be used for any
Data Source(s):
engineering or design purpose.
City of Cape Girardeau Government, MO
BILL NO. 22- ORDINANCE NO.
AN ORDINANCE APPROPRIATING MONIES FOR PAYMENT
OF EMPLOYEE COMPENSATION FOR SERVICES TO BE
RENDERED DURING THE REMAINDER OF THE FISCAL
YEAR ENDING JUNE 30, 2023, 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 the following funds:
General Fund Three Hundred Ninety-Six Thousand Ninety
Dollars ($396,090.00)
Airport Fund Eighteen Thousand Seven Hundred Twenty Dollars
($18,720.00)
Parks and Recreation Fund Twenty-Four Thousand Eighty
Dollars ($24,080.00)
Health Fund Four Thousand Ten Dollars ($4,010.00)
Sewer Fund Thirty-Two Thousand Seven Hundred Ten Dollars
($32,710.00)
Water Fund Eight Thousand Eight Hundred Forty Dollars
($8,840.00)
Solid Waste Fund Thirty-Two Thousand Nine Hundred Dollars
($32,900.00)
Golf Course Fund Six Thousand Six Hundred Ninety Dollars
($6,690.00)
Indoor Complex Fund Seven Thousand Twenty Dollars
($7,020.00)
Outdoor Complex Fund Eleven Thousand Thirty Dollars
($11,030.00)
Information Technology Fund Five Thousand Three Hundred
Fifty Dollars ($5,350.00)
Fleet Fund Sixteen Thousand Six Hundred Forty Dollars
($16,640.00)
For Services to be rendered during the quarter ending March
31, 2023.
ARTICLE 2. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 2022.
Stacy Kinder, Mayor
ATTEST:
Bruce Taylor, Deputy City Clerk
BILL NO. 22-180 RESOLUTION NO. ________
A RESOLUTION SELECTING KCI CONSTRUCTION, INC.,
TO DESIGN AND CONSTRUCT A NEW PASSENGER
TERMINAL BUILDING AT THE CAPE GIRARDEAU
REGIONAL AIRPORT, AND AUTHORIZING THE
NEGOTIATION OF AN AGREEMENT TO BE PRESENTED TO
CITY COUNCIL FOR APPROVAL
________________________________________________________________
WHEREAS, in June, 2022, the City of Cape Girardeau
published a Request for Proposals to design and build a new
Passenger Terminal Building at the Cape Girardeau Regional
Airport to be funded with revenues received through the Capital
Improvement Sales Tax and CARES Development Funds. This initial
proposal period was cancelled due to an insufficient amount of
proposals received; and
WHEREAS, in July, 2022, after refinement to the proposal
schedule and RFQ/P, the project was again published, with five
(5) design-build teams submitting packages; and
WHEREAS, an Evaluation Committee, comprised of the Airport
Manager, City Engineer, members of the Airport Advisory Board,
and Burns and McDonnell, reviewed the proposals received,
completed an analysis of the RFPs received, and narrowed them to
three finalists; and
WHEREAS, the Evaluation Committee scored the remaining
three teams in accordance with the Qualifications Based
Selection procedures defined in FAA Advisory Circular AC
150/5100-14E and conducted interviews of each team; and
WHEREAS, the City requested each of the three teams to
present oposals, with written submittals due
on November 7, 2022, and each team was given a 30-minute virtual
meeting to answer questions; and
WHERAS, the Evaluation Committee agreed unanimously to
select KCI Construction, Inc. as the recommended design-build
team, and the Airport Advisory Board unanimously voted to
WHEREAS, after further consideration of all of this
information, the City Council is ready to announce its
selection.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
1. The Cape Girardeau City Council hereby selects the
proposal of KCI Construction, Inc. to design and build a new
Passenger Terminal Building at the Cape Girardeau Regional
Airport.
2. The City Manager OR his designee is hereby authorized
to commence negotiations with KCI Construction, Inc. to prepare
an Agreement to design and build a new Passenger Terminal
Building based on the proposal submitted by KCI Construction,
Inc., for approval by the City Council.
PASSED AND ADOPTED THIS ____ DAY OF ________________, 2022.
__________________________________
Stacy Kinder, Mayor
ATTEST:
_______________________________
Bruce Taylor, Deputy City Clerk
November 23, 2022
Mr. Timothy McClaran
State Airport Engineer Î Missouri
Federal Aviation Administration
901 Locust St., Room 364
Kansas City, MO 64106-2325
***Sent Via Email***
Re: City of Cape Girardeau Recommendation for the Design and Construction of a New
Passenger Terminal Building at the Cape Girardeau Regional Airport
Cape Girardeau, MO 63703
Mr. McClaran:
The City of Cape Girardeau recently completed a selection process with Burns and McDonnell
serving as the CityÓs OwnerÓs Representative (OR) for a Design-Build team to construct a New
Passenger Terminal Building at the Cape Girardeau Regional Airport, located in Cape Girardeau,
Missouri.
After approval from the Federal Aviation Administration to move forward with the Design-Build
Delivery method, the Request for Qualifications/Proposals (RFQ/P) was published on June 1,
2022 with a deadline of June 30, 2022. The initial proposal period was cancelled due to an
insufficient amount of proposals received pursuant to Title 49 United States Code 47142. All
participating teams were notified of the cancellation and were informed the City would re-
advertise with a longer proposal timeline.
After some refinement to the proposal schedule and RFQ/P, the project was published on July
21, 2022, with Qualifications and Technical Proposals due September 12, 2022. This proposal
period received better participation with five (5) design-build teams submitting packages. All
submissions were reviewed by an Evaluation Committee. This committee was comprised of
airport management, city engineer, members of the Airport Advisory Board, and Burns and
McDonnell.
Upon evaluation, two (2) proposals were deemed non-responsive as they failed to submit
required information. Those teams include:
McGrath & Associates, Inc. Î failed to submit evidence of solvency and conceptual
scheduled.
Kiefner Brothers, Inc. Î failed to submit detailed description of public outreach
approach.
ЊtğŭĻ
The remaining three (3) teams were scored by the Evaluation Committee in accordance with the
Qualifications Based Selection procedures defined in FAA Advisory Circular AC 150/5100-14E.
To prevent redundancy, this information can be found in the EngineerÓs Recommendation
provided by Burns and McDonnell, already submitted to your office.
After review and scoring of the QBS Qualifications and Technical Proposals, the remaining
teams scored in the following order:
Highest Score Î Penzel Construction - 132.30
Second Highest Score Î RIHC Contracting - 129.40
Lowest Score Î KCI Construction, Inc. - 128.00
All three (3) firms were shortlisted to move forward to the interview phase of the selection
process; however, the Evaluation Committee deemed Penzel Construction the winner of the first
round of the selection process.
On October 25, 2022, the Evaluation Committee held interviews with the shortlisted teams, with
pricing proposals due at the conclusion of each interview. The Evaluation Committee was
impressed by the information provided during the interview process. Each team covered the
required topics; however, one teamÓs interview was far superior to the others. The KCI
Construction, Inc. team, which includes Ireland Architects, Olsson, and RTM Engineering, went
into great detail specific to the New Passenger Terminal Building at Cape Girardeau. KCI
Construction, Inc. provided a very comprehensive approach and offered specific details to
complete the project in alignment with the Basis of Design. Additional detail pertaining to the
interview process can be found in the EngineerÓs Recommendation.
Following the completion of the Interview Scoring by the Evaluation Committee, the pricing
proposals were reviewed in comparison of the Guaranteed Maximum Price of $12,000,000.00
established by the City. Initial pricing received is as follows:
RIHC Î $19,100,000.00 (exceeds GMP by $7,1000,000.00)
KCI Î $14,324,076.00 (exceeds GMP by $2,324,076.00)
Penzel Î $12,000,000.00 (meets GMP)
The Evaluation Committee reviewed the pricing proposals and noted several irregularities within
each proposal. Burns and McDonnell provided a thorough overview of the analysis, which was
presented to the city manager and city attorney for their review and consideration. It was
suggested the Evaluation Committee request a ÐBest and FinalÑ, allowing each of the shortlisted
teams to address the irregularities in their proposals.
A memo requesting the Best and Final proposals was sent out, along with scheduling a 30 minute
virtual meeting with each team to answer any questions. An additional seven (7) days was
allowed for this final submission, due on November 7, 2022. This process allowed the
Evaluation Committee an opportunity to receive clarity with regards to the irregularities within
each proposal.
ЋtğŭĻ
The Evaluation Committee re-convened on November 8, 2022, to review all of the information
and form a recommendation to present to the Airport Advisory Board. Scoring of the Best &
Final offers resulted in the following:
Highest Score Î KCI Construction Î 47.90
Second Highest Score Î Penzel Construction Î 39.00
Lowest Score Î RIHC Contracting Î 22.10
KCI Construction was deemed the winner of the second round of the selection process, and
ultimately came in first place in terms of overall composite score, as well. Totals include:
1. KCI Construction Î 175.90
2. Penzel Construction Î 171.30
3. RIHC Contracting Î 151.50
Based on all of the information received during the selection process, the Evaluation Committee
agreed unanimously to select KCI Construction, Inc. as the recommended design-build team for
the construction of the New Passenger Terminal Building. The Evaluation Committee believes
the KCI Construction, Inc. team will be able to deliver a facility that incorporates the initial
design the City and community has supported since the conceptual rending was unveiled and
meet the pricing and schedule requirements.
This recommendation was presented to the Airport Advisory Board on November 8, 2022 for
their review and consideration. The Board voted unanimously 9-0 in support of the Evaluation
Committee Recommendation. This recommendation was also presented to the City Manager and
City Attorney and received their approval.
We would like to present this recommendation to the FAA for your review and consideration,
prior to presenting to the Cape Girardeau City Council for their approval. We hope this letter, in
conjunction with the EngineerÓs Recommendation provided by Burns and McDonnell provides
sufficient information of the Selection Process in an effort to move forward with KCI
Construction, Inc. as the selected team for the New Passenger Terminal Building at the Cape
Girardeau Regional Airport. We welcome any questions or feedback you may have.
Respectfully Submitted,
Katrina D. Amos, CM
Airport Manager
cc: Dr. Kenneth Haskin, City Manager
Jodi Cooper, Burns and McDonnell
Greg Young, City Attorney
ЌtğŭĻ
BILL NO. 22-181ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, BY CHANGING THE ZONING OF PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF LEXINGTON
AVENUE AND BIG BEND ROAD, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1
TO RUMD
_________________________________________________________________
WHEREAS, the City Planning and Zoning Commission has
recommended rezoning all of the property described in Article 1
of this ordinance from R-1, Single-Family Suburban Residential
District, to RUMD, Residential Urban Mixed Density 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 a public hearing was held on
Monday, December 5, 2022; and
WHEREAS, the City Council of the City of Cape Girardeau,
Missouri, has elected to rezone the property described in
Article 1 of this ordinance from R-1, Single-Family Suburban
Residential District, to RUMD, Residential Urban Mixed Density
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 Suburban
Residential District, to RUMD, Residential Urban Mixed Density
District, for the following described property:
B and C Properties, L.L.C. - Southwest Corner of Lexington
Avenue & Big Bend Road
PART OF U.S.P. SURVEY 3091, SECTION 29, TOWNSHIP 31 NORTH,
RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY
AND COUNTY OF CAPE GIRARDEAU, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
OF SECTION 29, TOWNSHIP 31 NORTH, RANGE 14 EAST IN THE CITY
AND COUNTY OF CAPE GIRARDEAU; THENCE NORTH 00°35'45" WEST
856.77 FEET TO A FOUND IRON PIN WITH CAP FOR THE POINT OF
BEGINNING.
THENCE FROM THE POINT OF BEGINNING, CONTINUE NORTH
00°35'45" WEST 1755.97 FEET TO THE SOUTH RIGHT-OF-WAY LINE
OF LEXINGTON AVENUE; THENCE ALONG SAID SOUTH LINE, NORTH
89°46'01" EAST 297.44 FEET; THENCE ALONG A NON-TANGENT
CURVE TO THE RIGHT HAVING A RADIUS OF 715.00 FEET, CHORD
BEARING SOUTH 67°13'00" EAST 231.56 FEET, AND A CURVE
LENGTH OF 232.58 FEET; THENCE SOUTH 57°53'52" EAST 53.75
FEET TO THE WEST RIGHT OF WAY LINE OF BIG BEND ROAD; THENCE
ALONG SAID WEST LINE ALONG A NON-TANGENT CURVE TO THE LEFT
HAVING A RADIUS OF 868.51 FEET, CHORD BEARING SOUTH
19°21'56" WEST 307.50 FEET, AND CURVE LENGTH OF 309.13
FEET; THENCE SOUTH 09°10'08" WEST 250.31 FEET; THENCE ALONG
A CURVE TO THE LEFT HAVING A RADIUS OF 1959.86 FEET, CHORD
BEARING SOUTH 01°48'57" WEST 501.66 FEET, AND A CURVE
LENGTH OF 503.04 FEET; THENCE NORTH 84°27'46" EAST 15.00
FEET; THENCE ALONG A NON-TANGENT CURVE TO THE LEFT HAVING A
RADIUS OF 1944.86 FEET, CHORD BEARING SOUTH 05°59'33" EAST
30.91 FEET, AND A CURVE LENGTH OF 30.91 FEET; THENCE SOUTH
06°26'52" EAST 306.80 FEET; THENCE ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 1397.39 FEET, CHORD BEARING SOUTH
02°50'13" EAST 176.01 FEET, AND A CURVE LENGTH OF 176.13
FEET; THENCE SOUTH 00°46'26" WEST 2.84 FEET; THENCE LEAVING
SAID WEST LINE, SOUTH 78°48'15" WEST 450.31' TO THE POINT
OF BEGINNING.
.
ARTICLE 2 The City Council hereby finds and declares that
the property described in Article 1 of this ordinance is at the
present time particularly suitable for the purposes and uses of
the RUMD, Residential Urban Mixed Density 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 , 2022.
____
Stacy Kinder, Mayor
ATTEST:
_______________________________
Bruce Taylor, Deputy City Clerk
Rezoning Request - SW Corner of
Lexington Avenue & Big Bend Road
Requested rezoning from R-1 (Single-family Suburban Residential District)
to RUMD (Residential Urban Mixed Density District)
Future Land Use Recommendation: High Density Residential
Legend
.
Property to be Rezoned
Parcels
Zoning District
NC
R1
R2
Created by: Community Development
R4
Carol Peters
RMH
October 5, 2022
Rezoning Request - SW Corner of
Lexington Avenue & Big Bend Road
Requested rezoning from R-1 (Single-family Suburban Residential District)
to RUMD (Residential Urban Mixed Density District)
Future Land Use Recommendation: High Density Residential
.
Legend
Property to be Rezoned
Parcels
Future Land Use
Suburban Mixed Use
Local Commercial
Created by: Community Development
Low Density Residential
Carol Peters
October 5, 2022
High Density Residential
BILL NO. 22-182 ORDINANCE NO. __________
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE
OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, REGARDING CBD, CENTRAL BUSINESS
DISTRICT
________________________________________________________________
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 30-65, entitled CBD, Central Business
District of Chapter 30 of the Code of Ordinances of the City
of Cape Girardeau, Missouri, reading as follows:
Sec. 30-65. CBD, Central Business District.
Purpose.
(a) The CBD is the city's urban mixed-use district. It
encompasses the downtown area and contains a wide range of
uses and lot sizes. It also has the largest concentration of
historic buildings. In order to preserve the unique character
of the CBD, uses involving outdoor activities are limited to
those that do not detract from the pedestrian-oriented nature
and visual appeal of the district. New buildings, as well as
exterior alterations and additions to existing buildings, are
required to meet certain design standards to ensure
compatibility. To accommodate existing lots and provide for
flexibility in the design of new development and
redevelopment projects, there are no minimum lot standards or
setbacks.
Permitted principal uses.
(b)
(1) Art galleries or museums.
(2) Auditoriums or theaters.
(3) Banks or other financial institutions.
(4) Banquet facilities.
(5) Bed and breakfasts.
(6) Commercial day cares.
(7) Commercial recreation facilities.
(8) Funeral homes or mortuaries.
(9) Governmental facilities.
(10) Health or fitness centers.
(11) Hospitals.
(12) Hotels or motels.
1
(13) Institutions of higher education, including
universities and business, career, or technology schools.
(14) Instructional schools for art, dance, music, martial
arts, or other disciplines.
(15) Libraries.
(16) Medical marijuana dispensary facilities, as permitted
in section 30-118.
(17) Meeting halls.
(18) Microbreweries or microdistilleries.
(19) Nursing homes.
(20) Offices.
(21) Parks, playgrounds, or recreation facilities.
(22) Personal service establishments.
(23) Police or fire stations.
(24) Residential treatment facilities.
(25) Residential uses, excluding manufactured homes.
(26) Restaurants or bars.
(27) Retail or rental establishments.
(28) Small-scale light manufacturing and industrial
facilities primarily utilizing artisans or digital
machinery.
(29) Transitional housing.
(30) Veterinary clinics or animal hospitals, excluding
livestock and kennels.
Permitted accessory uses.
(c)
(1) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106.
(2) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105.
(3) Solar energy systems, as permitted in section 30-113.
Special uses.
(d)
(1) Any use not meeting the requirements of subsection (e)(1)
of this section which would otherwise be a permitted use
in this section.
(2) Excursion gambling boats or floating gambling facilities.
(3) Helicopter facilities, in conjunction with a hospital.
2
(4) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105.
(5) Marinas or docks.
(6) Public utilities, except for buildings or accessory
structures that are normal and customary in a zoning
district which would allow other buildings or structures
of the same nature as a use-by-right.
(7) Telecommunication towers, as permitted in section 30-107.
(8) The allowance of additional height up to a total of 60
feet, not to exceed five stories.
(9) Wind energy conversion systems, as permitted in section
30-113.
Standards.
(e)
(1) All permitted uses shall be conducted entirely indoors
except the following:
a. Drive-through or automatic teller machine (ATM)
facilities associated with a bank or other financial
institution.
b. Eating or drinking facilities.
c. Live musical performances or the playing of recorded
music, provided that such activities do not violate
other provisions of the city Code.
d. Mobile food or beverage service facilities, provided
that such activities do not violate other provisions of
the city Code.
e. Parking or loading facilities.
f. Parks or playgrounds.
g. Permitted accessory uses that are customarily conducted
outdoors, in conjunction with a dwelling.
h. Public art.
i. Public recreation facilities.
j. Shipping containers, as permitted in subsection (c)(2)
of this section.
k. Solar energy systems, as permitted in subsection (c)(3)
of this section.
l. Temporary uses, as permitted in section 30-109.
m. Walk-up windows for food or beverage service, provided
that such activities do not violate other provisions of
the city Code.
3
n. Waste containers, subject to screening provisions as
required elsewhere in the city Code.
(2) Design standards for new buildings. New buildings shall be
compatible with the general architectural character of the
surrounding buildings in terms of setback, orientation,
height, scale, massing, materials, and colors. New
buildings shall not:
a. Disrupt an existing pattern of setbacks along a street;
b. Disrupt an existing pattern of buildings being oriented
toward a street; or
c. Result in disproportionate height, scale, or massing
relative to the surrounding buildings.
(3) Design standards for exterior alterations and additions to
existing buildings.
a. Exterior alterations and additions to existing
buildings shall be compatible with the architectural
character of the building being altered or added to in
terms of setback, orientation, height, scale, massing,
materials, and colors. Exterior alterations and
additions shall not:
1. Remove, materially alter, or obscure significant
character-defining features such as parapets,
cornices, belt courses, corbels, quoins, and
patterned brickwork;
2. Remove, materially alter, or obscure non-storefront
wall openings in a manner that disrupts an existing
wall opening pattern on a public-facing building
elevation;
3. Reduce or expand non-storefront wall openings to
fit replacement windows or doors, except for minor
shimming; or
4. Replace double-sash windows or divided light
windows with windows consisting of a single,
undivided light.
b. Exterior alterations and additions to existing
buildings shall be compatible with the general
architectural character of the surrounding buildings in
terms of setback, orientation, height, scale, massing,
materials, and colors. Exterior alterations and
additions shall not:
1. Disrupt an existing pattern of setbacks along a
street;
4
2. Disrupt an existing pattern of buildings being
oriented toward a street; or
3. Result in disproportionate height, scale, or
massing relative to the surrounding buildings.
Height, area, width, density, setback, and open space
(f)
requirements.
(1) Maximum height: 40 feet, not to exceed three stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Maximum density: None.
(5) Minimum setbacks:
a. Front yard: None.
b. Rear yard: None.
c. Side yard: None.
(6) Minimum open space: None.
is hereby repealed in its entirety and a new Section 30-65,
entitled CBD, Central Business District, is hereby enacted in
lieu thereof, in words and figures, to read as follows, to-wit:
Sec. 30-65. CBD, Central Business District.
Purpose.
(a) The CBD is the city's urban mixed-use district. It
encompasses the downtown area and contains a wide range of
uses and lot sizes. It also has the largest concentration of
historic buildings. In order to preserve the unique character
of the CBD, uses involving outdoor activities are limited to
those that do not detract from the pedestrian-oriented nature
and visual appeal of the district. New buildings, as well as
exterior alterations and additions to existing buildings, are
required to meet certain design standards to ensure
compatibility. To accommodate existing lots and provide for
flexibility in the design of new development and
redevelopment projects, there are no minimum lot standards or
setbacks.
Permitted principal uses.
(b)
(1) Art galleries or museums.
(2) Auditoriums or theaters.
(3) Banks or other financial institutions.
(4) Banquet facilities.
(5) Bed and breakfasts.
5
(6) Commercial day cares.
(7)Commercial recreation facilities.
(8) Funeral homes or mortuaries.
(9) Governmental facilities.
(10) Health or fitness centers.
(11) Hospitals.
(12) Hotels or motels.
(13) Institutions of higher education, including
universities and business, career, or technology schools.
(14) Instructional schools for art, dance, music, martial
arts, or other disciplines.
(15) Libraries.
(16) Medical marijuana dispensary facilities, as permitted
in section 30-118.
(17) Meeting halls.
(18) Microbreweries or microdistilleries.
(19) Nursing homes.
(20) Offices.
(21) Parks, playgrounds, or recreation facilities.
(22) Personal service establishments.
(23) Police or fire stations.
(24) Residential treatment facilities.
(25) Residential uses, excluding manufactured homes.
(26) Restaurants or bars.
(27) Retail or rental establishments.
(28) Small-scale light manufacturing and industrial
facilities primarily utilizing artisans or digital
machinery.
(29) Transitional housing.
(30) Veterinary clinics or animal hospitals, excluding
livestock and kennels.
Permitted accessory uses.
(c)
(1) Accessory structures and uses customarily incidental to
the above uses, as permitted in section 30-106.
6
(2) Short-term use of shipping containers for accessory uses,
as permitted in section 30-105.
(3) Solar energy systems, as permitted in section 30-113.
Special uses.
(d)
(1) Any use not meeting the requirements of subsection (e)(1)
of this section which would otherwise be a permitted use
in this section.
(2) Excursion gambling boats or floating gambling facilities.
(3) Helicopter facilities, in conjunction with a hospital.
(4) Long-term use of shipping containers for accessory uses,
as permitted in section 30-105.
(5) Marinas or docks.
(6) Public utilities, except for buildings or accessory
structures that are normal and customary in a zoning
district which would allow other buildings or structures
of the same nature as a use-by-right.
(7) Telecommunication towers, as permitted in section 30-107.
(8) The allowance of additional height up to a total of 60
feet, not to exceed five stories.
(9) Wind energy conversion systems, as permitted in section
30-113.
Standards.
(e)
(1) All permitted uses shall be conducted entirely indoors
except the following:
a. Drive-through or automatic teller machine (ATM)
facilities associated with a bank or other financial
institution.
b. Eating or drinking facilities.
c. Live musical performances or the playing of recorded
music, provided that such activities do not violate
other provisions of the city Code.
d. Mobile food or beverage service facilities, provided
that such activities do not violate other provisions of
the city Code.
e. Parking or loading facilities.
f. Parks or playgrounds.
g. Permitted accessory uses that are customarily conducted
outdoors, in conjunction with a dwelling.
7
h. Public art.
i.Public recreation facilities.
j. Shipping containers, as permitted in subsection (c)(2)
of this section.
k. Solar energy systems, as permitted in subsection (c)(3)
of this section.
l. Temporary uses, as permitted in section 30-109.
m. Walk-up windows for food or beverage service, provided
that such activities do not violate other provisions of
the city Code.
n. Waste containers, subject to screening provisions as
required elsewhere in the city Code.
(2) Design standards for new buildings. New buildings shall be
compatible with the general architectural character of the
surrounding buildings in terms of setback, orientation,
height, scale, massing, materials, and colors. New
buildings shall not:
a. Disrupt an existing pattern of setbacks along a street;
b. Disrupt an existing pattern of buildings being oriented
toward a street; or
c. Result in disproportionate height, scale, or massing
relative to the surrounding buildings.
(3) Design standards for exterior alterations and additions to
existing buildings.
a. Exterior alterations and additions to existing
buildings shall be compatible with the architectural
character of the building being altered or added to in
terms of setback, orientation, height, scale, massing,
materials, and colors. Exterior alterations and
additions shall not:
1. Remove, materially alter, or obscure significant
character-defining features such as parapets,
cornices, belt courses, corbels, quoins, and
patterned brickwork;
2. Remove, materially alter, or obscure non-storefront
wall openings in a manner that disrupts an existing
wall opening pattern on a public-facing building
elevation;
3. Reduce or expand non-storefront wall openings to
fit replacement windows or doors, except for minor
shimming; or
8
4. Replace double-sash windows or divided light
windows with windows consisting of a single,
undivided light.
b. Exterior alterations and additions to existing
buildings shall be compatible with the general
architectural character of the surrounding buildings in
terms of setback, orientation, height, scale, massing,
materials, and colors. Exterior alterations and
additions shall not:
1. Disrupt an existing pattern of setbacks along a
street;
2. Disrupt an existing pattern of buildings being
oriented toward a street; or
3. Result in disproportionate height, scale, or
massing relative to the surrounding buildings.
(4) CBD design standards approval.
Except as provided for in subsection (e)(5) of this
a.
section, CBD design standards approval shall be
required for any new building or any exterior
alteration or addition to an existing building,
excluding signs and ordinary maintenance and repair.
Application for CBD design standards approval shall be
b.
submitted to the city manager using a form provided by
the city and contain all necessary information as
determined by the city manager. Such application shall
be processed administratively in accordance with
procedures established by the city manager.
(5) Certificate of appropriateness.
A certificate of appropriateness shall be required for
a.
any of the following:
Demolition in whole or in part of any building,
1.
excluding any building demolished by the city
pursuant to chapter 7, article XIII of this code;
Painting of an unpainted surface on the exterior of
2.
any building, excluding new construction;
Painting of an exterior wall and the roof, trim, or
3.
architectural details attached thereto or contained
therein, in the same color, unless such condition
already exists; or
9
Addition or alteration of a mural on the exterior
4.
of any building. For the purposes of this section,
graphic
artwork that is painted or applied directly to a
wall, roof, or other portion of a building.
Application for a certificate of appropriateness shall
b.
be submitted to the city manager using a form provided
by the city and contain all necessary information as
determined by the city manager. Such application shall
be processed in accordance with the criteria and
procedures set forth in section 30-74(j) through (r).
Height, area, width, density, setback, and open space
(f)
requirements.
(1) Maximum height: 40 feet, not to exceed three stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Maximum density: None.
(5) Minimum setbacks:
a. Front yard: None.
b. Rear yard: None.
c. Side yard: None.
(6) Minimum open space: None.
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 _____________, 2022.
10
_____________________________
Stacy Kinder, Mayor
ATTEST:
_______________________________
Bruce Taylor, Deputy City Clerk
11
Chapter 30 Amendment Regarding CBD, Central Business District
November 9, 2022
TEXT TO BE DELETED IS SHOWN IN STRIKETHROUGH
TEXT TO BE ADDED IS SHOWN IN RED
ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None
Page 1 of 5
Chapter 30 Amendment Regarding CBD, Central Business District
November 9, 2022
Sec. 30-65. CBD, Central Business District.
(a) tǒƩƦƚƭĻ͵ The CBD is the city's urban mixed-use district. It encompasses the downtown area and contains a
wide range of uses and lot sizes. It also has the largest concentration of historic buildings. In order to
preserve the unique character of the CBD, uses involving outdoor activities are limited to those that do not
detract from the pedestrian-oriented nature and visual appeal of the district. New buildings, as well as
exterior alterations and additions to existing buildings, are required to meet certain design standards to
ensure compatibility. To accommodate existing lots and provide for flexibility in the design of new
development and redevelopment projects, there are no minimum lot standards or setbacks.
(b) tĻƩƒźƷƷĻķ ƦƩźƓĭźƦğƌ ǒƭĻƭ͵
(1) Art galleries or museums.
(2) Auditoriums or theaters.
(3) Banks or other financial institutions.
(4) Banquet facilities.
(5) Bed and breakfasts.
(6) Commercial day cares.
(7) Commercial recreation facilities.
(8) Funeral homes or mortuaries.
(9) Governmental facilities.
(10) Health or fitness centers.
(11) Hospitals.
(12) Hotels or motels.
(13) Institutions of higher education, including universities and business, career, or technology schools.
(14) Instructional schools for art, dance, music, martial arts, or other disciplines.
(15) Libraries.
(16) Medical marijuana dispensary facilities, as permitted in section 30-118.
(17) Meeting halls.
(18) Microbreweries or microdistilleries.
(19) Nursing homes.
(20) Offices.
(21) Parks, playgrounds, or recreation facilities.
(22) Personal service establishments.
(23) Police or fire stations.
(24) Residential treatment facilities.
(25) Residential uses, excluding manufactured homes.
(26) Restaurants or bars.
(27) Retail or rental establishments.
(28) Small-scale light manufacturing and industrial facilities primarily utilizing artisans or digital machinery.
Page 2 of 5
Chapter 30 Amendment Regarding CBD, Central Business District
November 9, 2022
(29) Transitional housing.
(30) Veterinary clinics or animal hospitals, excluding livestock and kennels.
(c) tĻƩƒźƷƷĻķ ğĭĭĻƭƭƚƩǤ ǒƭĻƭ͵
(1) Accessory structures and uses customarily incidental to the above uses, as permitted in section 30-106.
(2) Short-term use of shipping containers for accessory uses, as permitted in section 30-105.
(3) Solar energy systems, as permitted in section 30-113.
(d) {ƦĻĭźğƌ ǒƭĻƭ͵
(1) Any use not meeting the requirements of subsection (e)(1) of this section which would otherwise be a
permitted use in this section.
(2) Excursion gambling boats or floating gambling facilities.
(3) Helicopter facilities, in conjunction with a hospital.
(4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105.
(5) Marinas or docks.
(6) Public utilities, except for buildings or accessory structures that are normal and customary in a zoning
district which would allow other buildings or structures of the same nature as a use-by-right.
(7) Telecommunication towers, as permitted in section 30-107.
(8) The allowance of additional height up to a total of 60 feet, not to exceed five stories.
(9) Wind energy conversion systems, as permitted in section 30-113.
(e) {ƷğƓķğƩķƭ͵
(1) All permitted uses shall be conducted entirely indoors except the following:
a. Drive-through or automatic teller machine (ATM) facilities associated with a bank or other
financial institution.
b. Eating or drinking facilities.
c. Live musical performances or the playing of recorded music, provided that such activities do not
violate other provisions of the city Code.
d. Mobile food or beverage service facilities, provided that such activities do not violate other
provisions of the city Code.
e. Parking or loading facilities.
f. Parks or playgrounds.
g. Permitted accessory uses that are customarily conducted outdoors, in conjunction with a
dwelling.
h. Public art.
i. Public recreation facilities.
j. Shipping containers, as permitted in subsection (c)(2) of this section.
k. Solar energy systems, as permitted in subsection (c)(3) of this section.
l. Temporary uses, as permitted in section 30-109.
Page 3 of 5
Chapter 30 Amendment Regarding CBD, Central Business District
November 9, 2022
m. Walk-up windows for food or beverage service, provided that such activities do not violate other
provisions of the city Code.
n. Waste containers, subject to screening provisions as required elsewhere in the city Code.
(2) Design standards for new buildings. New buildings shall be compatible with the general architectural
character of the surrounding buildings in terms of setback, orientation, height, scale, massing,
materials, and colors. New buildings shall not:
a. Disrupt an existing pattern of setbacks along a street;
b. Disrupt an existing pattern of buildings being oriented toward a street; or
c. Result in disproportionate height, scale, or massing relative to the surrounding buildings.
(3) Design standards for exterior alterations and additions to existing buildings.
a. Exterior alterations and additions to existing buildings shall be compatible with the architectural
character of the building being altered or added to in terms of setback, orientation, height, scale,
massing, materials, and colors. Exterior alterations and additions shall not:
1. Remove, materially alter, or obscure significant character-defining features such as
parapets, cornices, belt courses, corbels, quoins, and patterned brickwork;
2. Remove, materially alter, or obscure non-storefront wall openings in a manner that
disrupts an existing wall opening pattern on a public-facing building elevation;
3. Reduce or expand non-storefront wall openings to fit replacement windows or doors,
except for minor shimming; or
4. Replace double-sash windows or divided light windows with windows consisting of a single,
undivided light.
b. Exterior alterations and additions to existing buildings shall be compatible with the general
architectural character of the surrounding buildings in terms of setback, orientation, height,
scale, massing, materials, and colors. Exterior alterations and additions shall not:
1. Disrupt an existing pattern of setbacks along a street;
2. Disrupt an existing pattern of buildings being oriented toward a street; or
3. Result in disproportionate height, scale, or massing relative to the surrounding buildings.
(4) CBD design standards approval.
a.Except as provided for in subsection (e)(5) of this section, CBD design standards approval shall be
required for any new building or any exterior alteration or addition to an existing building,
excluding signs and ordinary maintenance and repair.
b.Application for CBD design standards approval shall be submitted to the city manager using a
form provided by the city and contain all necessary information as determined by the city
manager. Such application shall be processed administratively in accordance with procedures
established by the city manager.
(5) Certificate of appropriateness.
a.A certificate of appropriateness shall be required for any of the following:
1.Demolition in whole or in part of any building, excluding any building demolished by the
city pursuant to chapter 7, article XIII of this code;
2.Painting of an unpainted surface on the exterior of any building, excluding new
construction;
Page 4 of 5
Chapter 30 Amendment Regarding CBD, Central Business District
November 9, 2022
3.Painting of an exterior wall and the roof, trim, or architectural details attached thereto or
contained therein, in the same color, unless such condition already exists ; or
4.Addition or alteration of a mural on the exterior of any building. For the purposes of this
any sign or piece of graphic artwork that is painted or
applied directly to a wall, roof, or other portion of a building.
b.Application for a certificate of appropriateness shall be submitted to the city manager using a
form provided by the city and contain all necessary information as determined by the city
manager. Such application shall be processed in accordance with the criteria and procedures set
forth in section 30-74(j) through (r).
(f) IĻźŭŷƷͲ ğƩĻğͲ ǞźķƷŷͲ ķĻƓƭźƷǤͲ ƭĻƷĬğĭƉͲ ğƓķ ƚƦĻƓ ƭƦğĭĻ ƩĻƨǒźƩĻƒĻƓƷƭ͵
(1) Maximum height: 40 feet, not to exceed three stories.
(2) Minimum lot area: None.
(3) Minimum lot width: None.
(4) Maximum density: None.
(5) Minimum setbacks:
a. Front yard: None.
b. Rear yard: None.
c. Side yard: None.
(6) Minimum open space: None.
Page 5 of 5
BILL NO. 22-183 ORDINANCE NO.
AN ORDINANCE ACCEPTING A PERMANENT UTILITY
EASEMENT FROM RHODES PROPERTIES, L.C., FOR
PROPERTY LOCATED AT 1701 NORTH KINGSHIGHWAY,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City of Cape Girardeau, Missouri, hereby
accepts, and agrees to accept, a Permanent Utility Easement from
Rhodes Properties, L.C., for property located at 1701 North
Kingshighway, in the City of Cape Girardeau, Missouri, described
as follows:
Permanent Utility Easement
Mount Auburn Subdivision Number 2, a subdivision recorded
in Document No. 2020-15155 in the land records of Cape
Girardeau County, Missouri and being more particularly
described as follows:
COMMENCING at a calculated point not set, said point being
the NW Corner of Lot 2 of Rhodes Mount Auburn Subdivision
Number 2, Document # 2020-15155, and being in the center of
a concrete drive and the west Right of Way of U.S. Highway
61/N Kingshighway.
Thence with the line of Lot 2 also being the west right of
way of U.S. Highway 61/N Kingshighway for the following
cal
the TRUE POINT OF BEGINNING;
Thence continuing with the west right of way of U.S.
20.40
west right of way of U.S. Highway 61/N Kingshighway, for
alculated point not set; Thence
beginning containing 0.06 Acres (2,701.57 square feet) (the
"Easement Area").
ARTICLE 2. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS _____ DAY OF ______________, 2022.
Stacy Kinder, Mayor
ATTEST:
__
Bruce Taylor, Deputy City Clerk
0.07 ACRE EASEMENT
WHAT THE COMPANY SENT AS THE OPENING PARAGRAPH.
A certain easement lying in the City of Cape Girardeau, Cape Girardeau County, Missouri. Said
Easement being recorded in Cape Girardeau County Recorder of Office. Said easement is more
particularly described as follows:
WHAT TERES REWROTE & INCLUDED ON THE PUE AGREEMENT. .
Number 2, a subdivision recorded in Document No. 2020-15155 in the land records of Cape
Girardeau County, Missouri and being more particularly described as follows:
COMMENCING
at a calculated point not set, said point being the NW Corner of Lot 2 of Rhodes
Mount Auburn Subdivision Number 2, Document # 2020-15155, and being in the center of a concrete drive and
the west Right of Way of U.S. Highway 61/N Kingshighway.
Thence with the line of Lot 2 also being the west right of way of U.S. Highway 61/N Kingshighway for the
following calls:
to a calculated point not set;
TRUE
56.98 to a calculated point not set, said point being the
POINT OF BEGINNING
;
Thence continuing with the west right of way of U.S. Highway 61/N Kingshighway,
of 20.40
Thence leaving the west right of way of U.S. Highway 61/N Kingshighway, and creating new lines with the
subject tract for the following calls:
Thence S 34º0113.08
Thence N 55º5859
Thence N 34º0101 137.08of beginning containing 0.06 Acres (2,701.57
square feet).
BILL NO. 22-184ORDINANCE NO.
AN ORDINANCE ACCEPTING TWO PERMANENT WATER
LINE EASEMENTS FROM JOHN A. HEUER AND
NEWBRIDGE PROPERTIES, LLC, FOR PROPERTY
LOCATED AT 1205 SOUTH MOUNT AUBURN ROAD, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. The City of Cape Girardeau, Missouri, hereby
accepts, and agrees to accept, two Permanent Water Line
Easements from the following property owners for property
located at 1205 South Mount Auburn Road, described as follows:
WATER LINE EASEMENT FROM JOHN A. HEUER
A PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY
AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST
CORNER OF U.S.P.S. NO. 222; THENCE S 83° 44' 25" E, 720.62
FEET ALONG THE SOUTH LINE OF U.S.P.S. 222 TO THE
INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF SOUTH
KINGSHIGHWAY; THENCE N 22° 09' 40" E, 456.09 FEET ALONG
SAID WEST RIGHT OF WAY LINE TO THE INTERSECTION WITH THE
NORTH RIGHT OF WAY LINE OF S. MT. AUBURN ROAD, SAID POINT
BEING THE SOUTHEAST CORNER OF A TRACT OF LAND RECORDED IN
DOCUMENT NO. 2017-09254; THENCE N 68° 05' 42" W, 10.00 FEET
ALONG THE NORTH RIGHT OF WAY LINE TO THE TRUE POINT OF
BEGINNING:
THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE,
N 68° 05' 42" W, 23.24 FEET; THENCE LEAVING SAID NORTH
RIGHT OF WAY LINE, N 57° 12' 21" E, 40.49 FEET TO THE WEST
SIDE OF AN EXISTING 10 FOOT WIDE EASEMENT RECORDED IN BOOK
NO. 426 AT PAGE NO. 436; THENCE S 22° 10' 37" W, 33.04 FEET
ALONG THE WEST LINE OF SAID EASEMENT TO THE POINT OF
BEGINNING, CONTAINING 384 SQUARE FEET, MORE OR LESS.
WATER LINE EASEMENT FROM NEWBRIDGE PROPERTIES, LLC
A PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY
AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF U.S.P.S.
NO.222 WITH THE SOUTH RIGHT OF WAY LINE OF S. MT. AUBURN
ROAD, FROM WHICH A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST
CORNER OF SAID EET;
THENCE ALONG THE SOUTH RIGHT OF WAY LINE OF S. MT. AUBURN
ROAD THE FOLLOWING COURSES AND DISTANCES:
FEET; THENCE N 47° 19' 21" E, 19.69 FEET TO THE BEGINNING
OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF
560.00 FEET
NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY
LINE, 478.12 FEET; THENCE S 29° 50' 08" E, 37.16 FEET TO
THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
NORTHEAST, HAVING A RADIUS OF 75.00 FEET, A CENTRAL ANGLE
LINE BEARS, S 78°
DIRECTION ALONG SAID
CURVE AND RIGHT OF WAY LINE, 103.94 FEET;
AVING SAID SOUTH RIGHT OF WAY
LINE, S 21° 54' 13" W, 10.00 FEET; THENCE
FEET; THENCE N 68°
FEET; THENCE N 45°
38.23 FEET; THENCE
FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 550.00
FEET, A CENTRAL ANGLE OF
LINE BEARS
DIRECTION ALONG
6.98 FEET TO THE BEGINNING OF A
NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS
OF 550.00 FEET, A CENTRAL ANGLE OF
WHICH A RADIAL LINE BEARS
SOUTHWESTERLY DIRECTION ALONG SAID CURVE, 221.13 FEET;
TO THE WEST LINE OF
U.S.P.S. NO. 222; THENCE N 06° 17' 20" E, 30.46 FEET TO THE
POINT OF BEGINNING, CONTAINING 0.26 ACRES, MORE OR LESS.
ARTICLE 2. This ordinance shall be in full force and
effect ten days after its passage and approval.
PASSED AND APPROVED THIS _____ DAY OF ______________, 2022.
Stacy Kinder, Mayor
ATTEST:
_
Bruce Taylor, Deputy City Clerk
AN EASEMENT FOR WATERLINES DESCRIBED AS FOLLOWS:
A PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND
COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
COMMENCING AT A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF
U.S.P.S. NO. 222; THENCE S 83° 44' 25" E, 720.62 FEET ALONG THE
SOUTH LINE OF U.S.P.S. 222 TO THE INTERSECTION WITH THE WEST
RIGHT OF WAY LINE OF SOUTH KINGSHIGHWAY; THENCE
N 22° 09' 40" E, 456.09 FEET ALONG SAID WEST RIGHT OF WAY LINE TO
THE INTERSECTION WITH THE NORTH RIGHT OF WAY LINE OF S. MT.
AUBURN ROAD, SAID POINT BEING THE SOUTHEAST CORNER OF A TRACT OF
LAND RECORDED IN DOCUMENT NO. 2017-09254; THENCE
N 68° 05' 42" W, 10.00 FEET ALONG THE NORTH RIGHT OF WAY LINE TO
THE TRUE POINT OF BEGINNING:
THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE,
N 68° 05' 42" W, 23.24 FEET; THENCE LEAVING SAID NORTH RIGHT OF
WAY LINE, N 57° 12' 21" E, 40.49 FEET TO THE WEST SIDE OF AN
EXISTING 10 FOOT WIDE EASEMENT RECORDED IN BOOK NO. 426 AT PAGE
NO. 436; THENCE S 22° 10' 37" W, 33.04 FEET ALONG THE WEST LINE
OF SAID EASEMENT TO THE POINT OF BEGINNING, CONTAINING 384 SQUARE
FEET, MORE OR LESS.
Consulting Civil Engineers Land Surveyors Testing Laboratories
AN EASEMENT FOR WATERLINES DESCRIBED AS FOLLOWS:
A PART OF UNITED STATES PRIVATE SURVEY NO. 222, TOWNSHIP 30
NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND
COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE
PARTICULARY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF U.S.P.S. NO.
222 WITH THE SOUTH RIGHT OF WAY LINE OF S. MT. AUBURN ROAD, FROM
WHICH A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF SAID
SOUTH RIGHT OF WAY LINE OF S. MT. AUBURN ROAD THE FOLLOWING
COURSES AND DISTANCES:
E, 123.45 FEET; THENCE S 42° 40' 39" E, 10.00
FEET; THENCE N 47° 19' 21" E, 19.69 FEET TO THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 560.00 FEET
DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 478.12 FEET;
THENCE S 29° 50' 08" E, 37.16 FEET TO THE BEGINNING OF A NON-
TANGENT CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 75.00
LINE BEARS, S 78° 41
DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 103.94 FEET;
RIGHT OF WAY LINE, S 21° 54' 13" W, 10.00 FEET; THENCE
FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF
6.98 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF
S
TO THE WEST LINE OF U.S.P.S. NO. 222; THENCE N 06° 17' 20" E,
30.46 FEET TO THE POINT OF BEGINNING, CONTAINING 0.26 ACRES,
MORE OR LESS.
Consulting Civil Engineers Land Surveyors Testing Laboratories
Roster
Convention and Visitors Bureau Executive Board
Date AppointedDate Reappointed Current Term Expires
Members appointed by City Council
John Echimovich 9/3/2019 12/16/19 December 31, 2022
Quantella Noto 1/9/2017 11/20/17; 12/21/20 December 31, 2023
Kenneth Haskin (City Manager) 08/02/2021 12/19/21 December 31, 2024
Members appointed by Cape Girardeau Area Chamber of Commerce Board of Directors
Chamber President Rob Gilligan 04/26/22 December 31, 2022
John Eric Kline 12/01/17 12/20 December 31, 2023
Randy Kluge 1/3/2017 December 31, 2021
Serve three year terms, three, one of which is the City Manager, appointed by Council, three, one of which is the Chamber
Cape Girardeau Area Chamber of Commerce Board of Directors. Meetings are held
of Commerce President, by
at least quarterly as called by the Convention and Visitors Bureau Director. Provide oversight on the operations
of the CVB
. Staff contact Kenneth Haskin, City Manager, 339-6320.
DRAFT
GOLF COURSE ADVISORY BOARD
aźƓǒƷĻƭ
October 27, 2022
Present: Staff Present:
Cindy Gannon, Chairperson Brock Davis, Parks Division Manager
Janet Esicar, Secretary Penny Williams, Recreation Division Manager
Keith Sander, Board Member Doug Gannon, Parks and Recreation Director
Josh Parham, Board Member Randy Lueder, Golf Course Supervisor
Brad Wittenborn, Vice Chairperson Kacie Walley, Recreation Coordinator
Claire Kneer, Board Member Natalie Beasley, Recording Secretary
Nate Saverino, Board Member Dianne Lawrence, Asst. Recreation Division Mgr
Gary Wren, Board Member
Absent:
Eric Craiglow, Jaycee Member/Liasion
OPENING
Cindy Gannon, Chairperson, called the meeting to order at 12:23 pm.
MINUTES
Cindy Gannon, Chairperson, asked for approval of minutes from the August 18, 2022 meeting, motion
to approve minutes made by Janet Esicar and motion seconded by Brad Wittenborn, minutes approved.
NEW BUSINESS
A. In recognition and appreciation for Ketih Sander having served on this board for 8 years. He
was presented a plaque and kind words for his contribution.
B. Reappointment of Nate Saverino, as a board member was recommended by Cindy Gannon,
Chairperson and motion seconded by Claire Kneer, board member. Reappointment passed.
C. New board member appointed. There were three board applications, group discussion and
then a vote was taken. Dale Pingel was unanimously chosen.
D. Subcommittee appointments: Policies & Procedures; Nate Saverino, Janet Esicar, Claire
Kneer, Josh Parham, Penny Williams; Promotions & Marketing; Nate Saverino, Cindy Gannon,
Eric Craiglow, Brad Wittenborn, Penny Williams; Projects & Improvements; Nate Saverino,
Cindy Gannon, Gary Wren, Claire Kneer, Brock Davis, Randy Lueder.
E. Family Membership definition and guidelines will be addressed by the Policy & Procedure
subcommittee then presented to board for discussion.
F. Spaghetti Day is November 10, board members provide a dessert and volunteer.
DRAFT
OLD BUSINESS
A͵ Golf Course Manager position, interviews are ongoing, looking for a good fit.
B. Tee Marker Contracts: Hole #17 is open
th
C. Ladies Scramble was held on October 8 10 teams were registered, 9 teams played. Date
needs to be locked in for 2023 preferably in August and promote through SEMO Golf
Association.com.
thth
D. 17 Annual Senior Two-Person Scramble was held September 15, there were 27 teams.
st
E. SEMO Seniors Tournament was held September 21, great tournament, good weather.
COMMITTEE REPORTS/PROJECT UPDATES
A. Marketing & Promotions-No Report
B. Policies & ProceduresNo Report
C. Projects & Improvements-Randy, Brock
Shelter is progressing, the grill is installed. If funds are remaining, Randy is checking on plastic
skirting around the shelter and gas lanterns. The greens have been sugared, there was an
irrigation issue in the valve system.
D. Department Projects/Briefs- Brock Davis/Doug Gannon
Projects are progressing slow and steady. Capaha Pond is ahead of schedule expected
completion is the end of December. The playground is up, Rose Garden work will begin next.
Central Pool is closed for the winter. Final 2 contracts reviewed and a contractor will be
determined in early November with job completion in Fall 2023.
E. Annual Report-Doug
A three year financial comparison handout was provided. Covered 2019-2020, 2020-2021, and
2021-2022. Revenue increased by $ 75,064 over last year.
OTHER BUSINESS
Next Board meeting Thursday, December 1, 2022
ADJOURNMENT
Motion to adjourn meeting made by Janet Esicar, seconded by Claire Kneer. Meeting adjourned
at 1:15 pm.
Minutes recorded by:
Natalie Beasley
HISTORIC PRESERVATION COMMISSION
MEETING MINUTES
November 16, 2022
City Hall Council Chambers
Commission Members Present: Brian Balsmann, Lily Clajus, Kirsten Glaser, Anne Hendrix, Lauren
Clark Hill, Bonnie Kipper, Ryan Lane, Ashley Roney, Phyllis Sides
Commission Members Absent: None
Staff Present: Carol Peters, Ryan Shrimplin
Others Present: Dr. Steven Hoffman, Southeast Missouri State University Historic Preservation
Program Coordinator (Advisor to the Commission), Felix Kinsley (Honorary Member)
Call to Order
Chairman Lane called the meeting to order at 7:02 p.m.
Approval of Minutes
The minutes of the July 19, 2022 Education Subcommittee meeting, the July 19, 2022 Outreach
Subcommittee meeting, and the October 19, 2022 regular meeting were unanimously approved upon
a motion made by Ms. Clark Hill and seconded by Ms. Kipper.
OTHER BUSINESS
Chairman Lane welcomed the new members of the Commission.
Subcommittee Member Assignments
Chairman Lane asked the members to choose a subcommittee which they wished to serve on.
The following Commission Members will serve on the Education Committee: Chairman Mr. Lane,
Ms. Glaser, Ms. Kipper, Ms. Sides
The following Commission Members will serve on the Outreach Committee: Chairman Ms. Clark
Hill, Mr. Balsmann, Ms. Clajus, Ms. Hendrix, Ms. Roney.
Education Subcommittee Discussion
1507 South Sprigg Street Holy Family Catholic Church National Register Application
Chairman Lane noted that at the last Education Subcommittee meeting the committee decided to
Holy Family Catholic Church at 1507 South Sprigg Street. Dr. Hoffman stated the nomination form
will need more information describing the building and specific details on how it has changed and
when those alterations occurred. Section A also needs more information on why it is significant,
noting that Cape Girardeau was a segregated community, even in the churches. It would be
City of Cape Girardeau
Historic Preservation Commission
Meeting Minutes
November 16, 2022
Page 2 of 3
beneficial to research how many other churches existed for the black congregation from St. Louis
to Memphis. The archivist at Old St. Vincent Church, Ron Kirby, would be a good resource for
researching. Mr. Ken Steinhoff also did some research in 2018 and came across a lot of photos of
graduating classes from there. Ms. Sides stated that during a recent visit to Little Rock, AR, a park
ranger recommended that the Seyer Family homestead be included in the nomination since they
donated the land for the church. Dr. Hoffman explained that adding the Seyer property would
change the application to a district nomination which would be more problematic for approval
since most of the buildings no longer exist.
state and federal designations
Chairman Lane invited everyone to use the Himmelberger House, recently saved, as an example
of the reasons why a national register designation may help in saving properties. He asked
everyone to be aware and check to see if other historic properties would benefit from a local or
national designation.
Outreach Subcommittee Discussion
Revitalization of Original Treasures Program
Ms. Clark Hill stated the Outreach Subcommittee would like to start up the Original Treasures
program again. They would like to accept nomination early in the year and post signs on the
properties from March November. Moving forward, the subcommittee will be discussing what
kind of properties will be considered. There are a few signs left over, which need to be redesigned.
Staff stated the Historic Preservation Commission budget will need to be reviewed before new
signs could be ordered. Dr. Hoffman stated the Center for Regional History may be able to help
with the funding for new signage. Ms. Roney also asked if private organizations could help
sponsor the program.
Historical information for posting to social media/website
Chairman Lane stated the Commission would like to gather information for posting on the
Brennan, Public Information Manager, for items to be posted. Mr. Shrimplin also noted that the
Community Development D
stated she just completed a GIS interactive map with information on The Old Lorimier
Communicating standards of being in a Local Historic District
Dr. Hoffman explained it takes the signatures of 50% plus one property owner in a specific area to
be considered for a local historic district designation. The City currently only has one (1) Local
Historic District. Mr. Mike Sheehan, a resident of the district, led the charge and got the
neighborhood on board and helped prepare the design guideline. However, there was a
misconception on what the designation would accomplish. The residents wanted to keep college
students from parking on their streets and living in their neighborhood. They did not realize that
those regulations are handled by the overall zoning district regulations, not the historic overlay
district regulations. Dr. Hoffman noted there are financial benefits of living in a local historic
district. Some research has shown an increase in property values. Ms. Roney stated it would be
helpful if Dr. Hoffman could share this information with the Board of Realtors.
City of Cape Girardeau
Historic Preservation Commission
Meeting Minutes
November 16, 2022
Page 3 of 3
Commission Communication
Mr. Lane state-a-
he signs recognize businesses or individuals who have
or speak with Brock Davis, Parks Division Manager, to partner with the Keep Cape Beautiful
Beautification Committee.
Ms. Kipper reported that she attended a workshop hosted by the Missouri Main Street
Connection. Jim Thompson Matters regarding how to get
housing in downtown areas and the benefits of doing so. He used Lees Summit as an example
of a city where an apartment complex was constructed in the downtown area which helped
with foot traffic in the downtown area.
Staff Communication
Mr. Shrimplin reported that he attended the CLG forum recently. He stated he received a
th
certificate for the anniversary of last year marking the 30 year the city has been a CLG
member.
Mr. Shrimplin stated the amendment to Chapter 30 discussed at the last meeting which would
require a Certificate of Appropriateness for exterior modifications in the Central Business
District (CBD) was recommended for approval by the Planning & Zoning Commission. It will be
presented to the City Council in December.
Mr. Shrimplin updated the Commission on the status of the Broadway Theatre. He explained
still having discussions on what to do
with the building. Staff has still not received a cost estimate for demolishing the building. There
are developers looking at their options as well.
Adjournment
There being no further business, the Commission voted unanimously to adjourn the meeting at 8:30
p.m. upon a motion made by Ms. Clark Hill and seconded by Ms. Hendrix.
Respectfully submitted,
Lauren Clark Hill
Secretary
PLANNING & ZONING COMMISSION
MEETING MINUTES
November 9, 2022
City Hall Council Chambers
44 North Lorimier Street
Commission Members Present: Scott Blank, Kevin Greaser, Derek Jackson, Chris Martin,
Nick Martin, Deborah Young
Commission Members Absent: Sommer McCauley-Perdue, Melissa Stickel, Sid Whittington
Staff Present: Carol Peters, Ryan Shrimplin
Call to Order
Chairman Greaser called the meeting to order at 7:00 p.m.
Approval of Minutes
The minutes of the October 12, 2022 meeting were unanimously approved upon a motion made
by Mr. Jackson and seconded by Ms. Young.
Chairman Greaser welcomed Mr. Chris Martin to the Commission.
REZONINGS, SPECIAL USE PERMITS, AND EXCEPTIONS
1. A public hearing was held on the request of B and C Properties, L.L.C. to rezone property
located at the southwest corner of Lexington Avenue and Big Bend Road from R-1 (Single-
Family Suburban Residential District) to RUMD (Residential Urban Mixed Density District).
Ms. Megan Andrews, attorney for the applicant, presented the request. She stated that her
client is proposing to construct forty (40) duplex units and one-hundred two (102) multifamily
units on the property. The RUMD district allows both types of units at the density proposed,
and it will serve as a transitional zone between the R-4 (Medium Density Multifamily
Residential District) zoning to the west and the R-1 (Single-Family Suburban Residential
District) zoning to the east.
In response to a question from Chairman Greaser, Ms. Andrews explained that the
multifamily units will be marketed to college students while the duplex units may be sold if
they are subdivided into lots. Mr. Chris Martin asked if there are any traffic or infrastructure
concerns with the proposed development. Ms. Andrews explained that her client is not
aware of any such issues. She added that her client would be willing to pay for a traffic
study if necessary.
Chairman Greaser opened the public hearing. Mr. Howard McIntyre, 735 Lexington
Avenue, stated that his property is located between the subject property and the Legends
Cape Girardeau apartment complex on North Sprigg Street. He asked what type of
screening would be provided along his property line. Mr. Shrimplin explained that the City
Code requires a bufferyard where a multifamily development is adjacent to a single-family
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
November 9, 2022
Page 2 of 4
residential use or district. The bufferyard must consist of a privacy fence or a 20-foot wide
strip with plantings. Mr. McIntyre stated that he would prefer a 6-foot high black metal picket
fence similar to what exists on the Legends property.
Mr. David Atkins, 133 East Cape Rock Drive, stated that he is not concerned about the
property being rezoned for duplex and multifamily units. However, he is concerned about
the potential for criminal activity. The neighborhood is already dealing with such activity at
the Legends apartments. He continued by stating that the City should consider lowering the
speed limit on Big Bend Road from 45 mph to 35 mph and adding turn lanes. He also
expressed concern about
development in light of the recent water main break. Mr. Shrimplin stated that he will pass
these comments on to the City Engineer and Alliance Water Resources. He noted that
while development issues like this are important, they fall outside of the criteria for
o determine if the proposed
zoning district is reasonable and in reasonable conformity with the existing uses and value
of the immediately surrounding properties.
Mr. Shrimplin stated that he received a phone call from Ms. Opal Lucas, 2036 Big Bend
Road, who expressed opposition to the rezoning request because she did not want to deal
with the issues related to apartment developments. In addition, Mr. Shrimplin received an
email from Mr. Robert McCormack, 2010 Big Bend Road, who also expressed opposition
due to the current issues with the Legends apartments. Mr. Shrimplin mentioned that he
contacted a member of the Red Star neighborhood association and informed her of the
rezoning request. However, no comments were received from the association.
Seeing no other appearances to speak, Chairman Greaser closed the public hearing. A
staff report was submitted to the Commission, which recommended approval of the rezoning
request.
A motion was made by Mr. Jackson and seconded by Mr. Blank to recommend approval of
the rezoning request. The motion passed with a roll call vote of 4 in favor, 2 in opposition,
and 0 abstaining (Aye: Blank, Greaser, C. Martin, N. Martin; Nay: Jackson, Young).
SUBDIVISION PLATS
2. The record plat of Rhodes Town Plaza Subdivision was reviewed by the Commission. Mr.
Jeff Maurer, Mayson Capital Partners, explained that the property is being redeveloped for a
new Rhodes 101 store. A staff report was submitted to the Commission, which
addressed. A motion was made by Mr. Jackson and seconded by Mr. Nick Martin to
addressed. The motion passed with a roll call vote of 6 in favor, 0 in opposition, and 0
abstaining (Aye: Blank, Greaser, Jackson, C. Martin, N. Martin, Young).
OTHER ITEMS AND COMMUNICATION
3. Chapter 25 Amendment Regarding Signs
Mr. Shrimplin announced that the Chapter 25 Amendment Regarding Signs had been
withdrawn.
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
November 9, 2022
Page 3 of 4
4. Chapter 30 Amendment Regarding CBD, Central Business District
Mr. Shrimplin presented a proposed amendment to the CBD, Central Business District
section of the Zoning Code He explained
that the CBD section currently contains design standards for new buildings and exterior
alterations and additions to existing buildings. In order to ensure these standards are being
met, the City developed an administrative (staff) design review process known as CBD
Design Standards Approval. This process has been in place for several years, but it has
never been codified. The amendment adds a provision requiring CBD Design Standards
Approval for any project subject to the design standards. In addition, the amendment adds
a provision requiring a Certificate of Appropriateness from the Historic Preservation
Commission for qualifying projects. Qualifying projects include: demolition in whole or in
part of any building (excluding demolition of condemned buildings by the City), painting an
unpainted surface on the exterior of any building (excluding new construction), painting of an
exterior wall and the roof, trim, or architectural features in the same color, and addition or
alteration of a mural on the exterior of any building. This provision is intended to protect the
unique character of the CBD (which drives downtown tourism, economic development, and
community events) by adding a process to vet certain types of changes that have the
potential to adversely affect it. The proposed language is based on staff observations of
recent changes to CBD buildings as well as conversations with the Historic Preservation
Commission, Old Town Cape, and members of the public.
Mr. Blank asked if a denial of a Certificate of Appropriateness request can be appealed. Mr.
Shrimplin replied that, per the Zoning Code, the appeal of a denial by the Historic
Preservation Commission shall be reviewed by the Planning & Zoning Commission. A
motion was made by Mr. Jackson and seconded by Ms. Young to recommend approval of
the amendment as proposed by staff. The motion passed via a unanimous vote.
Commission Communication
Chairman Greaser and Mr. Blank announced that they will be absent from the December 14,
2022 meeting.
Staff Communication
Mr. Shrimplin gave the following updates:
1. Update on items from previous Commission meetings going on to City Council
The City Council approved the following on October 17, 2022:
ndrd
3849 Business Park Place Special Use Permit 2 & 3 Readings
ndrd
572-680 (Even) Silverado Trail Zoning of Annexed Property 2 & 3
Readings
ndrd
LaSalle-Church Subdivision Record Plat 2 & 3 Readings
2090 North Sprigg Street Special Use Permit 1st Reading
The City Council approved the following on November 7, 2022:
City of Cape Girardeau
Planning & Zoning Commission
Meeting Minutes
November 9, 2022
Page 4 of 4
ndrd
2090 North Sprigg Street Special Use Permit 2 & 3 Readings
st
39 & 45 North Broadview Street Rezoning 1 Reading
Adjournment
There being no further business, the Commission voted unanimously to adjourn the meeting at
8:00 p.m. upon a motion made by Mr. Jackson and seconded by Ms. Young.
Respectfully submitted,
Deborah Young, Secretary