The URL can be used to link to this page

Home My WebLink AboutCouncil.Agenda.09-02-2025.Packet044 �}IRARd�9d CITY OF CAPE GIRARDEAU, MISSOURI ° City Council V THE IINIO tib Council Regular Session Agenda sRAIL Stacy Kinder, Mayor Dan Presson, Ward 1 Tameka Randle, Ward 2 Nate Thomas, Ward 3 David J Cantrell, Ward 4 Bryan Johnson, Ward 5 Mark Bliss, Ward 6 September 2, 2025 5:00 PM City Hall Council Chambers 44 N. Lorimier Street Cape Girardeau, MO 63701 Agenda Documents, Videos Minutes, and Other Information: www.cityofcape.org/citycouncil City residents desiring to speak about items NOT on the agenda must register no later than noon on Saturday, August 30, 2025, by using the form found at cityofcape.org/council, by emailing cityclerk@cityofcape.org, or by calling 573-339-6320. Invocation Pastor Timothy Lee of The Apostolic Promise Church in Cape Girardeau Pledge of Allegiance Study Session Presentations Communications/Reports Items for Discussion Appearances by Advisory Board Applicants Consent Agenda Review Regular Session A. Call to Order/Roll Call B. Adoption of the Agenda C. Public Hearings C.1. A Public Hearing to consider a request to rezone property located at 538 and 542 South Ellis Street and 549 South Sprigg Street from R-3 (High Density Single -Family Residential District) and C -I (General Commercial District) to CBD (Central Business District). (Item No. F1; BILL NO. 25-95) C.2. A public hearing to consider a proposed amendment to Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding R-4, Medium Density Multifamily Residential District. (Item No. F2, BILL NO. 25-96) D. Consent Agenda The Consent Agenda is a meeting method to make City Council meetings more efficient and meaningful to the members of the audience. All matters listed within the Consent Agenda have been distributed to each member of the Cape Girardeau City Council for reading and study, are considered to be routine, and will be enacted by one motion of the council with no separate discussion. Staff recommends approval of the Consent Agenda. If separate discussion is desired, that item may be removed from the Consent Agenda and placed on the Regular Agenda by request of a member of the City Council. D.1. Approval of the August 18, 2025, Regular Session City Council Minutes. D.2. BILL NO. 25-92, an Ordinance accepting a Permanent Drainage Easement from Roman Catholic Diocese of Springfield -Cape Girardeau, for proposed Veterans Memorial Drive Phase 6 Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. D.3. BILL NO. 25-94, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement for installation of a sign in the right of way adjacent to 32 North Main Street, in the City of Girardeau, Missouri. Reading and Passage. D.4. BILL NO. 25-97, a Resolution adopting the updated Council Policy Manual, in the City of Cape Girardeau, Missouri. Reading and Passage. E. Items Removed from Consent Agenda F. New Ordinances Mayor will ask for appearances after each Ordinance is read. Individuals who wish to make comments regarding the item must be recognized by the Mayor/Mayor Pro Tempore. Each speaker is allowed 3 minutes and must stand at the public microphone and state his/her name and address for the record. The timer will buzz at the end of the speaker's time. F.1. BILL NO. 25-95, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of certain properties in the City and County of Cape Girardeau, Missouri, to CBD, Central Business District. First Reading. DEV -Ryan Shrimplin F.2. BILL NO. 25-96, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding R-4, Medium Density Multifamily Residential District. First Reading. DEV - Ryan Shrimplin G. Other Business H. Appearances regarding items not listed on the agenda This is an opportunity for the City Council to listen to comments regarding items not listed on the agenda. The Mayor may refer any matter brought up to the City Council to the City Manager if action is needed. Individuals who wish to make comments must first be recognized by the Mayor or Mayor Pro Tempore. Each speaker is allowed 3 minutes. Please face and speak directly to the City Council as a whole. The Mayor and Council Members will not engage or answer questions during the speaker's time at the podium. The timer will sound at the end of the speaker's time. Meeting Adjournment Closed Session The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, vote to hold a closed session to discuss issues listed in RSMo. Section 610.021, including but not limited to: legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, personnel issues, or confidential or privileged communications with its attorneys. The City Council of the City of Cape Girardeau, Missouri, gives notice of a closed meeting to discuss personnel matters, pursuant to RSMo. Sections 610.021(3). Future Appointments and Memos City Council and Mayoral Election Procedures Appointments to the Board of Adjustment Advisory Board Minutes Advisory Board Minutes Staff: Ryan Shrimplin, City Planner Agenda: September 2, 2025 TITLE AGENDA REPORT Cape Girardeau City Council A Public Hearing to consider a request to rezone property located at 538 and 542 South Ellis Street and 549 South Sprigg Street from R-3 (High Density Single -Family Residential District) and C-1 (General Commercial District) to CBD (Central Business District). (Item No. F1; BILL NO. 25-95) SUMMARY A rezoning application has been submitted for the property at 538 and 542 South Ellis Street and 549 South Sprigg Street. The applicant is requesting that the property be rezoned from R-3 (High Density Single -Family Residential District) and C-1 (General Commercial District) to CBD (Central Business District). The immediately surrounding properties are zoned CBD (Central Business District) to the northeast and southeast, R-3 (High Density Single -Family Residential District) to the northwest, west and southwest, and C-1 (General Commercial District) to the east. This area is characterized by commercial and residential uses. The Cape Vision 2040 Comprehensive Plan's Future Land Use Map shows the subject property as Urban Mixed Use and Low Density Residential. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The subject property consists of two undeveloped parcels separated by a public alley. The parcel to the west of the alley is zoned R-3. The parcel to the east of the alley is zoned C-1. The owners of these parcels have submitted a petition to vacate the portion of the alley between the parcels. The applicant has plans to purchase the parcels and the portion of the alley between them (once vacated) in order to develop the land for a commercial use. While the proposed use is permitted in the C-1 district, it is not permitted in the R-3 district. The applicant is requesting that both parcels be rezoned to CBD in order to keep the proposed development within a single zoning district. CBD is the logical choice for rezoning due to the existing CBD zoning on both sides of the C-1 zoned parcel along South Sprigg Street. Additionally, the CBD regulations include architectural design standards that will ensure the building design is appropriate for the area, including the residential properties on South Ellis Street. For these reasons, the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. The Planning and Zoning Commission held a public hearing at its August 13, 2025 meeting and recommended approval of the rezoning request by a vote of 7 in favor, 0 in opposition, and 1 abstaining. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing at its August 13, 2025 meeting and recommended approval of the rezoning request by a vote of 7 in favor, 0 in opposition, and 1 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 16, 2025. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS • Staff Review -Referral -Action Form.pdf • Map - S Ellis & S Sprigg - Zoning.pdf • Map - S Ellis & S Sprigg - FLU.pdf • Application - 538 & 542 S Ellis & 549 S Sprigg REZ.pdf • Sec. 30-59. - R-3, High Density Single -Family Residential District.pdf • Sec. 30-66. - C-1, General Commercial District.pdf • Sec. 30-65. - CBD, Central Business District.pdf CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1487 LOCATION: 538 & 542 S Ellis & 549 S Sprigs STAFF REVIEW & COMMENTS: Hubbard Enterprises, LLC is requesting to rezone the above listed property from R-3 (High Density Single-family Residential) and C-1 (General Commercial) to CBD (Central Business District). SEE STAFF REPORT FOR FURTHER INFORMATION ` - sl t rz�-- City Pla er V Date �ell City Attorn y Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: e t City Manager Date „ Planning & Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: RECOMMENDED ACTION: Favor Oppose Abstain Favor Oppose Abstain Trae Bertrand 0 ❑ ❑ Gerry Jones d ❑ Ll Scott Blank ❑ , L3®' Chris Martin ®, _° ❑ ❑ Kevin Greaser Ed,:- L] Ll Nick Nick Martin LI ❑ Robbie Guard � ❑ ❑ Emily McElreath ❑ ❑ Derek Jackson ® ❑ ❑ VOTE COUNT: Favor C Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Chris Martin Planning & Zoning Commission Secretary City Council Action q1 _96 - Posting Dates: Sign Newspaper 8&/&5 . Public Hearing Date: Ordinance I st Reading 9�a� Ordinance 2"d & 3Yd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Rezoning Request 538 & 542 South Ellis Street 549 South Sprigg Street .503 0503 1 tram731 R3 Requested rezoning from R-3 (High Density Single-family Residential District) and C-1 (General Commercia District) to CBD (Central Business District) Future Land Use Recommendation: Low Density Residential and Urban Mixed Use R3 11 • R4 CBD 513 R3 15 CBD R3 51 518 • W y R3 525 :* R X520 10 R3 529 • 22 R3i R3 533 �— 4 R3• 536 f x .. R3 539 • 538 • r ; R3 R3 0 41' r 542 R3 R3 45 • R3 —College St" � 5 R3•50 N w E ` CITYOf CAPE G I R A R D E A U 604 [C7reatedy: Community Development • July 31, 2025 R3 10 R3 • A C1 549 CBD CBD 525 CBD • CBD CBD 53 503 . Ii 507 • 11 515 517 V Legend 'e P 1=1 Property to be Rezoned Zoning District Cl CBD +� R3 CBD D R4 Rezoning Request 538 & 542 South Ellis Street 549 South Sprigg Street REZONING / SPECIAL USE PERMIT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT DEPARTMENT, 44 NORTH LORIMIER STREET, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Property Address/Location 533 and 542 S Ellis St (R3) and 549 S Sprigg St (C-1) Applicant Property Owner of Record ❑ Same as Applicant Hubbard Enterprises LLC Third Gen LLC Mailing Address City, State, Zip Mailing Address City, State, Zip P.O. Box 529 Bonne Terre, MO 63628 601 N Broadview Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-315-5065 cwalker@hubbard-enterprises.com 573-382-1026 sbiank@bistateoilcompany.com Contact Person (Attach additional owners information, if necessary) Catherine Walker Clila, LP 430 Julie Drive, Cape Girardeau, MO 63701 Type of Request Proposed Special Use (Special Use Permit requests only) Iff Rezoning ❑ Special Use Permit ❑ Both Existing Zoning District Proposed Zoning District (Rezoning requests only) C-1, General Commercial District CBD, Central Business District Legal description of property to be rezoned and/or upon which the special use is to be conducted See attached Describe the proposed use of the property. A 10,640 sq ft building for retail space will be constructed as well as parking for the building and a detention basin. Application continues on next page OFFICE USE ONLY � � I P� J Date Received & By }� I �� File # 4 y� MUNIS Application # ` ` MUNIS Permit # Application Fee Received $%] �= ❑Check # :1 Credit Card ❑Cash (� Planning & Zoning Commission Recommendation - Date City Council Final Action Date Revised 07/01/25 Special Use Criteria (Special Use Permit requests only) Explain how the special use permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED Base Application fee - $155.00 payable to City of Cape Girardeau Planned Development rezoning only - Additional $92 payable to City of Cape Girardeau List of adjacent property owners (see Instructions for requirements) See Instructions for more One (1) set of mailing envelopes, stamped and addressed to adjacent property owners OR information. $3.00 per adjacent property owner, if stamped envelopes are not submitted One (1) full size copy of a plat or survey of the property, if available One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permit, if approved, will become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. Property Owner of Record Signature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf, and that the Property Owner(s) of Record hereby agree to the above certifications. 7/17/2025 Applicant Signature and Printed Name Date Revised 07/01/25 Tract 1: Lot 131 in Range "R" of McLean's Addition to the city of Cape Girardeau, Missouri. LESS AND EXCEPT that part conveyed to the Missouri Highway and Transportation Commission by General Warranty Deed recorded January 12, 1993 in Book 616 at Page 119, land records of Cape Girardeau County, Missouri. Tract 2: A part of Lots 132, 133, 134, and 135 of Moses McLeans Addition to the City of Cape Girardeau, as recorded in Plat Book 2 at Page No. 7 of the land records of the county recorders office, City and County of Cape Girardeau,State of Missouri being more particularly described as follows: Beginning at a 1/2" iron pin (found) at the northwest corner of Lot 132 of said subdivision; Thence South 06009'25" West, 180.78 feet along the west lines of Lots 132, 1337 1347 and 135 to a 1/2" iron pin (set) on the northerly right of way line of Missouri State Route 74; Thence South 84°59'01" East, 77.05 feet along said northerly right of way line to a right of way marker (found); Thence North 56'24'24" East, 115.19 feet to a right of way marker (found) on the west right of way line of Sprigg Street; Thence along said west right of way line North 06'08'03" East, 104.66 feet to a 1/2" iron pin (found) on the north line of Lot 132; Thence North 83031'21" West, 165.54 feet along said north line to the point of beginning, containing 0.61 acres, more or less. Tract 3: All of the West 100 feet of Lot One hundred and Thirty-seven (137) in Range "R" in McLean's Addition to the City of Cape Girardeau, Missouri, fronting 50 feet on Ellis Street. Lot No. One hundred and Thirty -Eight (138) in Range "R" in McLean's Addition in the City of Cape Girardeau, Missouri, fronting 50 feet on Ellis Street by a depth of 180 feet to an alley. All of the east 80 feet of Lots 136 and 137 of Moses McLean's Addition, Range "R.", City of Cape Girardeau, Missouri, described as follows: Beginning at the northeast corner of Lot One Hundred Thirty-seven (137); thence south, along the east line of Lots One Hundred Thirty-seven (137) and One hundred Thirty-six (136)7100.00 feet to the southeast corner of Lot Hundred Thirty-six (136); thence West, along,the south line of Lot One Hundred Thirty-six (136)7 80.0 feet for a corner; thence North, across Lots One Hundred Thirty-six (136) and One Hundred Thirty-seven (137), parallel with line of Ellis Street, 100.0 feet for a corner in the north line of Lot One hundred Thirty-seven (137); thence east, along said north line, 80.0 feet to the Point of Beginning. The above being the east eighty (80) feet of Lot One Hundred Thirty-six (136), (see deed recorded in Book 304) and the south 12.5 feet of the east eighty (80) feet of Lot One hundred Thirty-seven (137) conveyed by recorded in Book 217 at Page 425; also, the north 37.5 feet of the east 80.0 feet of Lot One Hundred Thirty conveyed in deed recorded in Book 244 at Page 141.) LESS AND EXCEPT that part conveyed to the Missouri Highway and Transportation Commission by General Warranty Deed recorded July 15, 1993 in Book 643 at Page 240, land records of Cape Girardeau County, Missouri. Adjacent Property Owners Property Owner Name Property Address MailingAddress City State Zip Hamlet Group LLC 536 S Sprigg St 1823 Rust Ave STE 102 Cape Girardeau MO 63703 Centurion Development LLC 533 S Ellis St 1823 Rust Ave STE 102 Cape Girardeau MO 63703 Andrew Ostrowski 539 Ellis St 131 Winterfield Cir Cape Girardeau MO 63701 JJP Investments LLC 546 S Sprigg St PO BOX 1807 Cape Girardeau MO 63702 Walter Lee & Jaqueline Jones 545 Ellis St 210 S Hanover APT Cape Girardeau MO 63703 No Limit Development LLC 541 S Ellis St 1029 Caufield Dr Cape Girardeau MO 63701 Arrowhead Investments LLC 611 S Sprigg St 1878 Silverthorne Trail Cape Girardeau NO 63701 ' ZONING INFORMATION - -:i T \.,u vrz "^w..,rg •«•• ,u•• wa.,o-. .n.,v... �n, .nrna. ,v..e t« FLOOD ZONE INFORMATION VM.B4 � VICINITY MAP mrnw.mno-..aa x —_ SURVEY NOTES MOM LEEN PMCMPTION OF PARENT TRACT �oi.i.w..u...vwm.. A^aro`rra.a.e...mtl &x ��d MTLECOMMITMWTINFORMRTION 13 iRVEYOR'S CERTIFICATION S ma 77 s1+EEr w VF-101 - PIROEr ai u - -:i T ° rrpE sconrwn A� a°nxc VM.B4 � JSR.— u MOM LEEN PMCMPTION OF PARENT TRACT �oi.i.w..u...vwm.. A^aro`rra.a.e...mtl &x ��d MTLECOMMITMWTINFORMRTION 13 iRVEYOR'S CERTIFICATION S ma 77 s1+EEr w VF-101 - PIROEr ai Sec. 30-59. - R-3, High Density Single -Family Residential District. (a) Purpose. The R-3 district is intended to accommodate single-family, two-family and townhouse residential developments at maximum densities of up to nine units per acre. This district will serve as a transition between lower density and higher density residential districts. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the residential character of this district. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot. (2) Duplexes, two-family dwelling units. (3) Townhouses. (4) Cluster subdivisions, as permitted in chapter 25. (5) Public parks, playgrounds, and recreational facilities. (6) Police and fire stations. (7) Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five acres of land. (8) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (9) Home for eight or fewer unrelated mentally or physically handicapped persons, including no more than two additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and b. Such home shall not be located closer than 370 feet to any other such home. (10) A private residence licensed by the state division of family services or state department of mental health to provide foster care to one or more, but less than seven, children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met, and an occupancy permit issued therefor. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Home day cares, with no more than four unrelated children in a 24-hour period as permitted in section 30-111. (4) In home elderly care, with a maximum of three persons as permitted in section 30-114. (5) Solar energy systems, as permitted in section 30-113. (6) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Home day cares, with five or more unrelated children, as permitted in section 30-111. (2) Bed and breakfasts. (3) Cemeteries, on a minimum of ten acres of land. (4) Transitional housing. (5) Wind energy conversion systems, as permitted in section 30-113. (6) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (7) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (e) Height, area, bulk and setback requirements. (1) Maximum height: a. When side yards are less than 15 feet in width, 21/2 stories not to exceed 35 feet. b. When side yards are 15 feet in width or greater, three stories, not to exceed 45 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. Duplexes: 3,750 square feet per unit. c. Single-family: 5,000 square feet. (3) Maximum density: Nine units per one acre. Higher densities may be approved with a cluster subdivision as permitted in chapter 25. (4) Minimum lot width: a. Townhouses and duplexes: 20 feet. b. All other uses: 30 feet. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 20 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 20 feet. c. Side yard: 1. Townhouses and duplexes: None. 2. All other uses: Three feet. (f) Open space, landscaping and bufferyard requirements. For any nonresidential uses: (1) A minimum of 20 percent of the total lot area shall be devoted to open space, including required yard and buffer yards. (2) Landscaping shall be provided as required in chapter 25. (3) A 20 -foot -wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, or R-2 zoning districts. This bufferyard shall comply with the requirements of chapter 25. (g) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-147 and 26-298. (Code 1990, § 30-324; Ord. No. 5012, art. 4, 10-2-2017) Sec. 30-66. - C-1, General Commercial District. (a) Purpose. The C-1 district is primarily intended for areas of the city located along minor thoroughfares and adjacent to residential districts. Appropriate uses for this district include commercial developments not requiring long-term outdoor display of merchandise, as well as certain governmental, institutional, and community service facilities. Other uses having the potential to significantly affect adjacent residential districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1) Art galleries or museums. (2) Banks or other financial institutions. (3) Bed and breakfasts. (4) Commercial day cares. (5) Commercial recreation facilities, excluding driving ranges or outdoor shooting or racing. (6) Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118. (7) Funeral homes or mortuaries. (8) Governmental facilities. (9) Health or fitness centers. (10) Institutions of higher education, including business, career or technology schools. (11) Instructional schools for art, dance, music, martial arts or other disciplines. (12) Libraries. (13) Microbreweries. (14) Middle schools, secondary schools, or development centers for people with physical, mental or developmental disabilities. (15) Nurseries or greenhouses. (16) Nursing homes. (17) Offices. (18) Parks or playgrounds. (19) Personal service establishments. (20) Pet grooming facilities, excluding kennels. (21) Police or fire stations. (22) Residential treatment facilities. (23) Restaurants or bars. (24) Retail or rental establishments, excluding the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment. (25) Television or radio studios, including any transmitting facilities. (26) Transit terminals. (27) Veterinary clinics or animal hospitals, excluding livestock. (28) Wineries. (c) Permitted accessory uses. (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) Special uses. (1) Banquet facilities. (2) Hotels or motels. (3) Kennels. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Meeting halls. (6) Mini warehouses or self -storage units. (7) 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. (8) Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105. (9) Telecommunication towers, as permitted in section 30-107. (10) The allowance of additional height up to a total of 60 feet, not to exceed a total of five stories. (11) Transitional housing. (12) Uses involving the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment. (13) Vehicle fueling, service or repair facilities, excluding body or paint shops. (14) Vehicle washing facilities, including automatic or hand wash. (15) Wind energy conversion systems, as permitted in section 30-113. (e) Standards. (1) All storage of merchandise, materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the items being stored are not visible from the street or any adjacent property. (2) Outdoor display of merchandise is prohibited, except as follows: Merchandise may be displayed outdoors as part of a temporary use, as permitted in section 30-109. Nursery stock, accessory landscaping decorations, and seasonal and holiday decorations may also be displayed outdoors during the appropriate season. Such displays are permitted in accordance with the following provisions: a. Displays shall not be located in a right-of-way. b. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the city Code. Displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. c. Displays shall not impede vehicular or pedestrian access. d. Displays shall not alter the structure of any building. e. Displays shall not create a health or safety hazard. f. Displays shall be well kept and orderly. g. Signs may be displayed as permitted elsewhere in the city Code. h. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (3) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas or waste containers shall be located in the rear or side yard and screened as required elsewhere in the city Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: 40 feet, not to exceed three stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: 25 feet. b. Rear yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district. c. Side yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district. (5) Minimum open space: 15 percent of the lot area. (Code 1990, § 30-333; Ord. No. 5211, art. 4, 7-15-2019; Ord. No. 5615, art. 3, 2-6-2023) Sec. 30-65. - CBD, Central Business District. (a) Purpose. 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. In order 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) Permitted principal uses. (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) Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118. (9) Funeral homes or mortuaries. (10) Governmental facilities. (11) Health or fitness centers. (12) Hospitals. (13) Hotels or motels. (14) Institutions of higher education, including universities and business, career, or technology schools. (15) Instructional schools for art, dance, music, martial arts, or other disciplines. (16) Libraries. (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. (c) Permitted accessory uses. (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) Special uses. (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) Vehicle fueling, service or repair facilities, excluding body or paint shops. (10) Wind energy conversion systems, as permitted in section 30-113. (e) Standards. (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. I. 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, medallions, mosaics, 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, 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 section, the term "mural" means 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 30-740) through (r). (f) Height, area, width, density, setback, and open space 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. (Ord. No. 5694, art. 1, 11-6-2023; Ord. No. 5831, art. 1, 5-5-2025) Editor's note—.Ord. No. 5694, art. 1, adopted Nov. 6, 2023, repealed the former § 30-65 and enacted a new section as set out herein. The former § 30-65 pertained to similar subject matter and derived from Ord. No. 5607, art. 1, adopted Dec. 19, 2022; and Ord. No. 5615, art. 2, adopted Feb. 6, 2023. Staff: Ryan Shrimplin, City Planner Agenda: September 2, 2025 TITLE AGENDA REPORT Cape Girardeau City Council A public hearing to consider a proposed amendment to Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding R-4, Medium Density Multifamily Residential District. (Item No. F2, BILL NO. 25-96) SUMMARY Attached is a proposed amendment to the R-4, Medium Density Multifamily Residential District section of the Zoning Code (Chapter 30 of the City's Code of Ordinances). The amendment increases the maximum density from 18 units per one acre to 20 units per one acre. The amendment is based on input received from the development community, specifically those that develop multifamily projects. Staff reviewed the Zoning Code and noted that the maximum density in the R-5, High Density Multifamily Residential District is 30 units per one acre — a large step up from the R-4 maximum density of 18 units per one acre. There are only a few R-5 zoned properties in the city. A vast majority of the multifamily properties are zoned R-4. Although development costs have increased across the board, multifamily projects have become especially more expensive. Developers are seeking ways to offset increased costs in order to maintain the level of return on their investments. Increasing the R-4 maximum density to 20 units per one acre represents a small but significant benefit for developers. It allows them to build additional units without having to acquire additional land. The increase also reduces the large step between the R-4 and R-5 maximum densities, making it less likely that developers will pursue rezoning to R-5. STAFF RECOMMENDATION The Planning and Zoning Commission reviewed the amendment at its meeting on August 13, 2025 and recommended approval by a vote of 8 in favor, 0 in opposition, and 0 abstaining. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission reviewed the amendment at its meeting on August 13, 2025 and recommended approval by a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing on the amendment was advertised in the Southeast Missourian on August 16, 2025. ATTACHMENTS • Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District - August 13, 2025 (Edits Copy).pdf • Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District - August 13, 2025 (Clean Copy).pdf Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District TEXT TO BE DELETED IS SHOWN IN CTRIKET-WRO GH TEXT TO BE ADDED IS SHOWN IN RED ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None August 13, 2025 Page 1 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 39 20 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. (2) Boutique hotels. The term "boutique hotel" shall mean an establishment containing a minimum of five and a maximum of 20 rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities. (3) Cemeteries, on a minimum of ten acres of land. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (6) Residential treatment facilities. Page 2 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 (7) Transitional housing. (8) Wind energy conversion systems, as permitted in section 30-113. (e) Height area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3) Maximum density: 19 20 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. C. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements: For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25 46 chapter 25, article II of this Code. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26 147 26-148 and 26-298. Page 3 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 20 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. (2) Boutique hotels. The term "boutique hotel" shall mean an establishment containing a minimum of five and a maximum of 20 rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities. (3) Cemeteries, on a minimum of ten acres of land. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Page 1 of 2 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 (6) Residential treatment facilities. (7) Transitional housing. (8) Wind energy conversion systems, as permitted in section 30-113. (e) Height area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3) Maximum density: 20 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. C. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements: For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in chapter 25, article II of this Code. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-148 and 26-298. Page 2 of 2 Staff: Gayle Conrad, Director of Citizen Services/City Clerk Agenda: September 2, 2025 TITLE AGENDA REPORT Cape Girardeau City Council Approval of the August 18, 2025, Regular Session City Council Minutes. STAFF RECOMMENDATION It is recommended to review and approve the City Council Meeting minutes from August 18, 2025. ATTACHMENTS • 2025.08.18 Council Minutes DRAFT.pdf Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 18, 2025 MM -189 STUDY SESSION — August 18, 2025 NO ACTION TAKEN DURING THE STUDY SESSION The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Monday, August 18, 2025, at 5:00 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, David J. Cantrell, Bryan Johnson,Tameka Randle and Nate Thomas present. Dan Presson was absent. REGULAR SESSION — August 18, 2025 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday, August 18, 2025, at 5:09 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, David J. Cantrell, Bryan Johnson, Tameka Randle and Nate Thomas present. Dan Presson was absent. ADOPTION OF THE AGENDA A Motion was made by Tameka Randle, Seconded by, Nate Thomas„ to approve and adopt the agenda. Motion passed. 6-0. Ayes: Bliss, Cantrell, Johnson, Kinder, Randle, Thomas. Absent: Presson. CONSENT AGENDA Approval of the August 4, 2025, Regular Session City Council Minutes and the August 11, 2025 Special Session City Council Minutes. BILL NO. 25-89, An Ordinance accepting a Permanent Utility Easement located in Lot 4, Block 1 of Smelterville, in the City of Cape Girardeau, MO. Second and Third Readings. BILL NO. 25-90, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Old Town Cape Inc., to place certain improvements in the Mississippi Riverwalk right-of-way south of Themis Street flood gate in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 25-91, a Resolution authorizing the City Manager to execute a Demolition Contract with JAC3 Excavating LLC, for the demolition of a building located at 1202 South Ellis Street (Rear), in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO. 25-93, a Resolution authorizing the City Manager to Execute an Agreement with Dutch Enterprises, LLC, for the A.C. Brase Arena Building HVAC Replacement Project, in the City of Cape Girardeau, Missouri. Reading and Passage. A Motion was made by Mark Bliss, Seconded by Tameka Randle, to approve and adopt. Motion passed. 6-0. Ayes: Bliss, Cantrell, Johnson, Kinder, Randle,Thomas. Absent: Presson. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 18, 2025 MM -190 BILL NO. 25-89 will be Ordinance NO. 5860; BILL NO. 25-90 will be Resolution NO. 3679; BILL NO. 25-91 will be Resolution NO. 3680; BILL NO. 25-93 will be Resolution NO. 3681. ITEMS REMOVED FROM CONSENT AGENDA BILL NO. 25-88, An Ordinance providing for the Levying of the Annual City Revenue Tax; Public Health Tax; Special Business District No.2; for the Fiscal Year Ending June 30, 2026. Second and Third Readings. A Motion was made by Tameka Randle, Seconded by David J. Cantrell, to approve and adopt. An Amending motion was made by Nate Thomas, Seconded by Mark Bliss, to change the tax rates to be $.3055 for the City Revenue Tax, $.0572 for the Public Health Tax, and $.7300 for the Special Business District No.2 Real Estate Tax per $100 assessed valuation, and to approve and adopt. Amending motion motion passed. 6-0. Ayes: Bliss, Cantrell, Johnson, Kinder, Randle, Thomas. Absent: Presson. Original motion as amended passed. 6-0. Ayes: Bliss, Cantrell, Johnson, Kinder, Randle, Thomas. Absent: Presson. BILL NO. 25-88 will be Ordinance 5861 NEW ORDINANCES BILL NO. 25-92, an Ordinance accepting a Permanent Drainage Easement from Roman Catholic Diocese of Springfield -Cape Girardeau, for proposed Veterans Memorial Drive Phase 6 Project, in the City of Cape Girardeau, Missouri. First Reading. Mayor Kinder called for public appearances regarding this Bill. No one appeared. A Motion was made by Mark Bliss, Seconded by Tameka Randle, to approve. Motion passed. 6-0. Ayes: Bliss, Cantrell, Johnson, Kinder,Randle, Thomas. Absent: Presson MEETING ADJOURNMENT A Motion was made to adjourn by Tameka Randle, Seconded by Nate Thomas. Motion passed. 6-0. Ayes: Bliss, Cantrell, Johnson, Kinder, Randle,Thomas. Absent: Presson. The regular session ended at 5:18 p.m. Gayle L. Conrad, City Clerk Stacy Kinder, Mayor Staff: Jake Garrard, City Engineer AGENDA REPORT Agenda: September 2, 2025 Cape Girardeau City Council TITLE BILL NO. 25-92, an Ordinance accepting a Permanent Drainage Easement from Roman Catholic Diocese of Springfield -Cape Girardeau, for proposed Veterans Memorial Drive Phase 6 Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. SUMMARY As part of the proposed plans for the future VMD 6 project, numerous drainage easements were earmarked for acquisition. The easement enables the City and its agent the ability to install, maintain and repair the drainage improvements within it as they are designed in the plan set. The project construction is not funded. FINANCIAL IMPACT One of the TTF identified projects is the Design, acquisition, and grading for the proposed Veterans Memorial Drive Phase 6 project. The project construction is unfunded. This particular easement was donated by the property owner. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary to enable the City, its agents, servant and assigns to use said property to excavate, build, maintain, construct, operate and repair drainage infrastructure in, on, upon, under, or across said property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith. STAFF RECOMMENDATION Staff recommends approval of the attached Ordinance accepting a Permanent Drainage Easement from Roman Catholic Diocese of Springfield -Cape Girardeau ATTACHMENTS • 25-92 PDE Catholic_Diocese_VMD6.doc • EXECUTED PDE Roman Catholic Diocese.pdf • PDE EXHIBIT Roman Catholic Diocese of Springfield GOOD .pdf BILL NO. 25-92 ORDINANCE NO. AN ORDINANCE ACCEPTING A PERMANENT DRAINAGE EASEMENT FROM ROMAN CATHOLIC DIOCESE OF SPRINGFIELD -CAPE GIRARDEAU, FOR PROPOSED VETERANS MEMORIAL DRIVE PHASE 6 PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, a Permanent Drainage Easement from Roman Catholic Diocese of Springfield -Cape Girardeau, for proposed Veterans Memorial Drive Phase 6 Project, in the City of Cape Girardeau, Missouri, described as follows: Permanent Drainage Easement A Part of U.S.P.S. No. 3090, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri Being More Particularly Described as Follows: Commencing at a 2" Iron Pipe (found) at the common corner to Fractional Sections 34 and 35, said point also being on the North line of U.S.P.S. No. 3090; Thence S 830 08' 19" E, 402.60 feet along the North line of said U.S.P.S. No. 3090 to the West line of a tract of land recorded in Book No. 419, Page No. 461 of the land records of the County Recorder's Office; Thence S 040 51' 41" W, 751.93 feet along said West line to the East Right of Way line of Vantage Drive; Thence S 210 16' 44" E, 210.41 feet along said East Right of Way to the True Point of Beginning; Thence continue along said East Right of Way, S 210 16' 44" E, 25.88 feet to the Southwest corner of said tract recorded in Book No. 419, Page No. 491; Thence N 830 44' 05" E, 25.88 feet along said South line; Thence leaving said South line, N 210 16' 44" W, 25.88 feet; Thence S 83° 44' 05" W, 25.88 feet to the Point of Beginning, containing 647 sq. ft. 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 , 2025. Stacy Kinder, Mayor ATTEST: Courtney Davis, Deputy City Clerk PERMANENT DRAINAGE EASEMENT Veterans Memorial Drive Phase 6 Cape Girardeau, Missouri KNOW ALL MEN BY THESE PRESENTS: Roman Catholic Diocese of Springfield - Cape Girardeau, hereinafter referred to as "GRANTOR", and the CITY OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation of the County of Cape Girardeau, State of Missouri, herein referred to as GRANTEE: WITNESSETH, that Grantors, in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, to be paid by Grantee, the receipt of which is hereby acknowledged, do by these presents, remise and convey unto Grantee the following PERMANENT DRAINAGE EASEMENT on the property described as follows: A Part of U.S.P.S. No. 3090, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri Being More Particularly Described as Follows: Commencing at a 2" Iron Pipe (found) at the common corner to Fractional Sections 34 and 35, said point also being on the North line of U.S.P.S. No. 3090; Thence S 83° 08' 19" E, 402.60 feet along the North line of said U.S.P.S. No. 3090 to the West line of a tract of land recorded in Book No. 419, Page No. 461 of the land records of the County Recorder's Office; Thence S 04° 51' 41" W, 751.93 feet along said West line to the East Right of Way line of Vantage Drive; Thence S 21 ° 16' 44" E, 210.41 feet along said East Right of Way to the True Point of Beginning; Thence continue along said East Right of Way, S 21 ° 16' 44" E, 25.88 feet to the Southwest corner of said tract recorded in Book No. 419, Page No. 491; Thence N 83' 44' 05" E, 25.88 feet along said South line; Thence leaving said South line, N 21' 16' 44" W, 25.88 feet; Thence S 83° 44' 05" W, 25.88 feet to the Point of Beginning, containing 647 sq. ft. more or less. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants, and assigns to use said property to excavate, build, and construct certain Drainage Improvements, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in' connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted are perpetual and shall run with the land. Remainder of Page Intentionally Left Blank. Signature Page to Follow. The undersigned covenants that it is the owner in fee simple of the above-described property and has the legal right to convey this easement. IN WITNESS WHEREOF, the undersigned has executed this easement this 15 day of �i�, 92025. Roman Catholic Diocese of Springfield -Cape Girardeau w.... ,// J Slgnatu Ck Printed Name &Title STATE OF MISSOURI ) ss. COUNTY OF GREENS 1 BE IT REMEMBERED, that on this 1'7"day of /LtaLK , 20255, before me, the undersigned notary public, personall appeared ` .s �dwapzdA ;e ,who being by me duly sworn, did state they are the R-ps � e,. for Roman Catholic Diocese of Springfield -Cape Girardeau, who being by me duly sworn, did state that they are the owner in fee of the above said property, has executed the within instrument as a free act and deed as owner of said property and acknowledge that he has executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. My Commission Expires: Notary Public ANN M N W ON Nota PubilC-Notary Seal tih Comms e STATE OF M�� t�yURl I�� res 04L 25v • Vii' : � n -fl RC iii 16+50 i 25+00 Q C. wm p .... `".r.• ... 'a. I � •�� j { ...E o mac, i I Ak, m { ! 26+00 "'y r ............ .................... ::. ............... z 0 =?': �,� I F,.. ij'l, 1 �. t" � f P:112 ;i ! ^ iQ` `I .................. ................ \.. " ! �'� i ; j «• j $' ori` MT ..i Cl G 333 0 eX. 95' IbNV # iS4 i ,. �Amn > S ! 3 , E 27+00 m 1 t m ! f• SM1 S � r E# G•$� (f�• •{ z co i $S E S i mI} # I f ; 19+00 El i E Q 1 ! 1 a ' # 10,' -01-01 S f 2Ei+00 I is D ?• 7-;' # !,Co , S S, CJ { j r � i S i �: CS N (Z •-',�A" Cn CA m ; ( CA 1-4 ;$ 20+00 + 4J r } 4< m �F m i i m o N'!A N # CDC, z9+00 o€ € i r i 1 21+00 r -)"-?r)K i' Yr)I 1 1 fc0 i ................................. y Q: � � -X„ ht?1NGE DRIVE •� i G, i `I `£ 30+00 ' 4r n:ip3 ✓:�,'• $ Y' E ✓. •C'J i i ; is ` i .................................. i....i �i;EJ. (CAi N 1 ; c ! ,.S 22+00 i EX. 9F' FAN > C ! 20 ' 1 1 t{ 3f 31+00 N c z i s ! nDoc 00. 03 011En 0 # _, ••'.{ 23+00 C. CA Q:V to < ..1 .tJ ! j ^" 1{ m v . r ! m u r .�. .Do1> r' .�1 ! .: S 1 x ooD0, n.:0• SO^_ 32j,00 s G.rn--i •• i C y' t 'r pmt y � ..; ^ Q CD 3 I Y U) cn ; rj , -10 n E .3 >! CD !' 3 � E> S ! ! E 24+00 1 CD CD 'r • , rt: JI L m 8:• Itt L �:; �.. � z• . � ,x a• �`' <.., , � s^C7 - �" %in �, ' - `ate �' ii VETERANS Rf"'(E S MEMORIAE_ DRIVE PH. 6avft '�^' 3 U) rn m •` :I v i,3j'�+a N �' t y'; j•� F i iJ >IT �:�tia. ,_f , ? [ } j� j �'`��j E. -I 3 DRIVE E I YV6'- HOPPER 1 Iacs;s Cft ..< 0 I� ,a W c� +' �' >�'� ) ,'� s• ('� /� �^+) }� �) J� t ` CITY `^,aIT i OF CAPE b.,iER!'iF�DEI' U J f jy ENGINEERING lIS G & SURVEYING 11 G . �.� 14ITINET ursuit �:iErciir� s Lind 5uvzyrs Testing a oratories� o }: a CAPEGI1-`�f'1F�41 EAU tYt`c..! 63701 1 :nye.:,Kal:wi:�rt�t:lo:l-a1MiS-A-,S:;:IcC:erUGrl:cciAu!Ir.•H!y:,CP:i:53 I.u::•J l v a:: Ei nie,n:g s survatJ W a.(.. tiu•.�ti••c) tt;:^ E•:uittri ::ta Cmti kei•: (•f (.v::wrAy arx:U:Ca - — - — - — - — - — - — - — - — - — - I - — - — - — - — - — - — - — - — - _ - _ - I - _ - _ - _ - _ - _ - _ - _ - _ - _ - _ - INTERSTATE 55 O SURVEY MONUMENT NOTES: - FOUND 1/2" IRON PIN (AS NOTED) - SET 1/2" IRON PIN O - FOUND IRON PIPE A - FOUND R/W MARKER O - ANGLE POINT (NO CORNER SET) PERMANENT DRAINAGE EASEMENT EXHIBIT A PART OF U.S.P.S. NO. 3090, T31 N, R 13 E, 5TH P.M. CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI EAST R/W LINE - INTERSTATE 55 ------------------------- R/W '---------------------------------------------------------------------------R/W ---------------------- ------------------------------------------------------------------ m- U) N O M N M --------- — -- -- -- m ------------------------- �--------- co DRIVE (FUTURE VETERANS MEMORIAL DRIVE -------- VANTAGE FUTURE SIDEWALK NOW OR FORMERLY POINT OF BEGINNING CITY OF CAPE GIRARDEAU POINT OF COMMENCEMENT / DOC. #2016-06561 FOUND 2" IRON PIPE (1) _ __._ COMMON CORNER / ------------------------------------------------------------------------------------------------------------ • -7 � ----------�s---'- � TO FRAC. SEC. 34 & 35, / S21°16'44"E 210.41' \\ T31N,R13E p\ NOW OR FORMERLY (2) (4) \ S COLUMBIA CONSTRUCTION CORP. j \ 04°S / BOOK 479 - PAGE 382 BOOK 415 - PAGE 621 / i (3) \ PERMANENT DRAINAGE N �; EASEMENT \ \ 93, o G47 SQ. FT. NOW OR FORMERLY \co / J / ROMAN CATHOLIC DIOCESE OF SPRINGFIELD \ \ / BOOK 419 - PAGE 461 i �Quuj cq C9 ^ / �QW�� i 44. /V% / / o000 c0 co 114 2o�F�401' 83 2 LINE DIMENSION TABLE ' Zti m m FgsT Q' GRAPHIC SCALE 0' 40' 80' 120' 160' NO. i DISTANCE 1 i 25.88' i N 83° 44'05" E GRAPHIC SCALE 0' 40' 80' 120' 160' NO. BEARING DISTANCE 1 S 21' 16'44" E 25.88' 2 N 83° 44'05" E 25.88' 3 N 21' 16'44" W 25.88' 4 S 83° 44' 05" W 25.88' >8185 E N �QMM p,�MM irvaax ry � LL V UTo I L O O O O O _ '6 0 O O O z U w 7- mQ \ N I f _ O O U U ��cu -0cu (n J Cn /W 2 V h z o Xk w Lu Qo I_ o 0)'6 LUw °J (D c � y c Lu 0 2 0 J w H ILL Z (D w Z 2EC-00 wa=a U)U)ao� Q LL w Q W Lu Wwa-w rn ,U)J0w Qw z: C5 Q00 a- rv— wwQ �o 2EELL �Ucn00 WOWw� z LLI w 2a>� oeU ww Z Q O z 0 0 N w N ~ 0 O N co O mm> m N M N > II w o w w 0 O m m w Z w O� 0 J LL 0Z J U 0 SHEET NO. 1 OF 1 Staff: Jake Garrard, City Engineer AGENDA REPORT Agenda: September 2, 2025 Cape Girardeau City Council TITLE BILL NO. 25-94, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement for installation of a sign in the right of way adjacent to 32 North Main Street, in the City of Girardeau, Missouri. Reading and Passage. SUMMARY The attached License and Indemnity Agreement sets out the responsibilities, conditions, and liabilities assumed by CLILA, L.P., owner of the property addressed as 32 North Main Street, currently franchised by Atelier LLC. The property owner recently approached the city with inquiries regarding the installation of a custom-designed sign for their establishment. The business sought clarification on the next steps for installation, upon review by city staff, it was noted that the improvements would project into the City's Right Of Way, meeting the requirement for a License and Indemnity Agreement. STAFF RECOMMENDATION Staff recommends approval of the attached Resolution authorizing the City Manager to execute a License and Indemnity Agreement to install, operate, and maintain improvements that project into City Right Of Way at 32 North Main Street. ATTACHMENTS • 25-94_License_and Indemnity_CLILA_32_N_Main.doc • EXECUTED N Main St 32 L&I Atelier - Projecting Sign over ROW.pdf • 32 N Main St. Atelier Sign Application and Details.pdf • Doc 2002-14196 AKA BK 1250 PG 173 private GWD to CLILA 32 N Main St.pdf BILL NO. 25-94 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT FOR INSTALLATION OF A SIGN IN THE RIGHT OF WAY ADJACENT TO 32 NORTH MAIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a License and Indemnity Agreement with CLILA, L.P., for installation of a sign in the right of way adjacent to 32 North Main Street, 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 or amendments as shall be approved by the officers of the City executing the same. The officers, agents, and employees of the City are hereby authorized to execute all documents and take steps as they deem necessary and advisable to carry out and perform the purpose of this Resolution. PASSED AND ADOPTED THIS DAY OF , 2025. ATTEST: Gayle L. Conrad, City Clerk Stacy Kinder, Mayor LICENSE AND INDEMNITY AGREEMENT This License and Indemnity Agreement, hereinafter referred to as this "Agreement", is entered into by and between CLILA, L.P., a Missouri Limited Partnership, hereinafter referred to as the "Licensee", and the CITY OF CAPE GIRARDEAU, a Municipal Corporation organized and existing under the laws of the State of Missouri, hereinafter referred to as the "City". The Licensee and the City collectively are hereinafter referred to as the "Parties". WHEREAS, the Licensee desires to place certain improvements and/or conduct certain activities in or on the public right-of-way or other property owned or controlled by the City, hereinafter referred to as the "City Property"; and WHEREAS, the City has prepared this Agreement for the purposes of granting permission to the Licensee to place said improvements and/or conduct said activities in or on the City Property, subject to certain conditions contained herein. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the Parties do hereby state, acknowledge, and agree as follows: 1. The City hereby grants the Licensee permission for the following improvements and/or activities within the North Main Street Right of Way on the Front Elevation of the building at 32 North Main Street: to install, operate, and to maintain a mounted double -sided 4 foot by 4 foot custom fabricated aluminum framed non illuminated sign. Said improvements and/or activities being more particularly described and/or depicted in the attached Exhibit A, which are made a part hereof as though fully set out herein. 2. The Licensee hereby assumes all risk of personal injury or death and property damage or loss from whatever causes arising while any person approaches, enters, uses, or leaves the City Property, which may occur directly or indirectly as a result of the placement of said improvements and/or the conduct of such activities in or on the City Property. 3. The Licensee hereby releases the City, its officers, employees, agents, servants, and assigns from any liability resulting from the placement of said improvements and/or the conduct of such activities in or on the City Property. 4. The Licensee hereby indemnifies and holds harmless the City, its officers, employees, agents, servants, and assigns from all suits and actions of every name and description brought against the same, for or on account of any injuries or damages received or sustained by any party or parties or alleged to be received or sustained by any party or parties that may result directly or indirectly from the placement of said improvements and/or the conduct of such activities in or on the City Property. 5. The Licensee hereby agrees to keep said improvements in a state of good repair and to cooperate with the City by making necessary repairs as requested by the City so as to protect and preserve the public health and safety. 1 6. The Licensee hereby agrees that it will not maintain in or on the City Property any hazardous or toxic waste or substances, as defined under all applicable federal, state, and local environmental laws, including, but not limited to: hazardous waste as defined in the Resource Conservation and Recovery Act of 1976, as amended (hereinafter referred to as "RCRA"), hazardous substances as defined in the Comprehensive Environmental Response Compensation and Liability Act, as amended (hereinafter referred to as "CERCLA"), and toxic substances as defined in the Toxic Substances Control Act, as amended (hereinafter referred to as "TSCA"). Any operations in or on the City Property shall not be in violation of any laws, regulations, ordinances, statutes, orders, or decrees of any governmental body, arbitration tribunal, or court, including, without limitation, RCRA, CERCLA, TSCA, and all regulations thereunder. There shall be no conduct of business in or on the City Property that constitutes a violation of environmental laws or any other laws, regulations, ordinances, statutes, order or decrees of any governmental body. 7. Neither this Agreement, nor any portion thereof, nor any actions of the City in granting permission to place said improvements and/or conduct said activities in or on the City Property, shall be construed to give the Licensee any irrevocable rights with respect thereto. The City reserves the right to terminate this Agreement and to order the removal of said improvements and/or the cessation of said activities, at the Licensee's cost, for any reason. In such event, the Licensee agrees to remove said improvements and/or cease said activities within a reasonable period of time as determined by the City. Should the Licensee fail to remove said improvements and/or cease said activities within said period of time, the City shall have the right to cause said improvements to be removed and/or said activities to be stopped, and any costs incurred by the City in doing so shall be paid by the Licensee. Should the Licensee fail to pay the City for said costs, the City shall have the right to issue a special tax bill, which shall be a lien against the Licensee's property referenced herein. 8. This Agreement shall be a continuing obligation running with the land, and shall bind the Licensee and any heirs, executors, administrators, successors, assigns, and legal representatives of the Licensee. This Agreement shall be recorded in the Office of the Recorder of Deeds of Cape Girardeau County, Missouri, and shall be of record. (Remainder of this page intentionally left blank) 2 IN� WITNESS WHEREOF, the Parties have executed this Agreement on this 17 day of -� ,202 CLILA, L.P. Signature Printed Name and Title STATE OF K. COUNTYOF r, SS. C G��e..� On this 12 +3- day of %.> 6 V 20 ZS, before me personally appeared R Sc-- "- 'b kc, � , who did state that they are the V ,, ce- , f, V, of CLILA, L.P., a Missouri Limited Partnership, and that they executed the foregoing instrument as the free act and deed of said Limited Liability Company for the purposes therein stated. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. LISA DN B OWN Notary Public — Notary Seal STATE OF MISSOURI Cape Girardeau County 10979718 My Commission Expires March 12, 2027 My Commission Expires: 3 / t z 12 a2 i Notary Public Signature L. s, rX,erte. Notary Public Printed Name IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of 20 CITY OF CAPE GIRARDEAU Dr. Kenneth Haskin, City Manager ATTEST: Signature Printed Name and Title STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me personally appeared Dr. Kenneth Haskin, City Manager of the City of Cape Girardeau, a Municipal Corporation organized and existing under the laws of the State of Missouri, known by me to be the person described in and who executed the foregoing instrument, and acknowledged that the foregoing instrument was signed and sealed on behalf of said City by authority of its City Council, and acknowledged that he executed the same as the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in said State and County, the date first above written. My Commission Expires: Notary Public Signature Notary Public Printed Name 8 SIGN PERMIT APPLICATION CITY Of CAPE GIRARDEAU •"�' COMMUNITY DEVELOPMENT, 44 N. LORIMIER ST, CAPE GIRARDEAU, MO 63701 (573) 339-6327 SIGN TYPE 1 POLE I MONUMENT ✓ WALL I I ROOF Temporary Permanent Project Address 32 N Main Street, Cape Girardeau Project Description 4x4 double -sided custom fabricated aluminum frame with non-illinuminated sign faces mounted to brick building with 8 lead anchors and lad screws Current Sign Area (S. F.) I Proposed Sign Area (S. F.) Total Allowed 16 Illumin Electric Load Total Construction Cost Yes ✓ 0 1250.00 Tenant Property Owner Atelier Cape LLC CLILA LP Mailing Address City, State, Zip Mailing Address City, State, Zip 32 N Main Street 430 Julie Cape Girardeau MO 6370 Telephone Email Telephone Email 573-270-0913 Contractor's Name Design Professional of Record's Name Eric Warren Contractor's Business Name Design Professional of Record's Business Name Main Street Signs Mailing Address City, State, Zip Mailing Address City, State, Zip 23 N Main St Perryville MO 63775 Telephone Email Telephone Email 5735478075 sales@mainstreetsigns.com CERTIFICATION I CERTIFY THAT I AM THE OWNER IN FEE OR AGENT AUTHORIZED TO APPLY FOR THIS BUILDING PERMIT. I UNDERSTAND THAT THE SUBMITTAL OF INCOMPLETE PLANS OR FAILURE TO COMPLETE THIS APPLICATION IN ITS ENTIRETY MAY RESULT IN THE DELAY OF PLAN REVIEW AND PERMIT APPROVAL. I HAVE READ THE APPLICATION AND INFORMATION SHEET AND I FULLY COMPREHEND THE INFORMATION I AM REQUIRED TO SUBMIT FOR PLAN REVIEW. — JAvO�X��U4 Own r/Agent Si ature Owner/Agent Printed Name OFFICE USE ONLY Date Received Munis App # 7/11/25 Date SG - Revised 03/24/22 00 00 z. 0 N (10 I- w C> Z5 LAj = lvc:z !2E PZJ4,Z) 00' WIN - S MWI Is 25801 �2-1419E3 REG. FEE: 25.00 PAGES: 2 vr` Janet Robert, Recorder of Cape Girardeau County, NO, do C' hereby certify that the within c instrument of xritingg, was, on 09-25-2002 at 9:04 A!S duly filed for record and ie recorded in the records of this office. In book 1250 at G age 173 In testimony whereof I have hereunto set gay hand and affixed my official seal at Jackson, tiissouri, on this date: 09-25-2002 �nn rys� Jae Rober Recorder BDOK 250 P�^F1 f 1- Deputy GENERAL WARRANTY DEED By A Corporation THIS INDENTURE, Made on the 20th day of September A.D., 2002 by and between Chrisman-Oil Co. A Corporation of the State of Missouri, Party of the First Part (Grantor), and CLILA, L.P., a Missouri Limited Partnership of the County of Cape Girardeau, in the State of Missouri, Party of the Second Pa (Grantee): (Mailing address of said -first named grantee is '�3 0 J a wee 0,4 I7e— �r nlr�c�au , IV Q • (-3701 WITNESSETH, That the said party of the First Part, in consideration of the sum of One Hundred ($100.00) Dollars and other good and valuable consideration to it paid by the said party of the Second Part, the receipt of which is hereby acknowledged, and by virtue and pursuance of a RESOLUTION OF THE BOARD OF DIRECTORS of said party of the first part, does by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM, unto the said party of the Second Part its heirs and assigns, the following described Lots, Tracts or Parcels of land, lying, being and situate in the County of Cape Girardeau and -State of Missouri, to -wit: All of Lots Numbered Five (5), Six (6), Thirteen (13) and Fourteen (14) of Sanford and Ellis Subdivision of Lot One (1) in -Block One (1) of Range C in the City and County of Cape Girardeau, Mi-ssouri, described as follows: Eommencing at a point on the east line of Main Street 130 feet south from the northwest corner of Lot No. 1, which northwest corner of said Lot No. 1 is also the southeastern point of the intersection of Main Street and themis Street; -thence run south along Main Street 60 feet; thence East parallel with Themis Street, 135 feet to Water Street; thence North along Water Street 60 feet; thence West V� 4 CC�, parallel with Themis Street 135 feet to Main Street to the point of beginning. BOOK 1250 FAA74 TO HAVE AND.TO HULD the premises afore -said, with all and singular the rights, privileges, appurtenances and immunities thereto belonging or in -anywise -appertaining unt-o the maid party of the Second Part, and unto its heirs and assigns, -FOREVER, the &raid Chri.sman Oil Co., a Mis-souri Corpor-anion -hereby covenanting that -it i.s lawfully seized of -an indefeasible estate in Fee -in the premises herein conveyed; that it has -good right to convey the same; and that ,the .said premises are free and clear of any encumbrances done or suffered by.it or those under whom it claims, and that --it wiLl WARRANT AND MEFEND the title to the said premises unto-the.said party of the Second Part, and unto its heirs and assigns, FOREVER, against the lawful claims and demands of all persons whomsoever. IN WITNESS WHEREOF, the said party of the First Part has .caused these presents .to.be signed -by its President -and its corporate: -Seal to be-her-eto affixed, the day and year first above written. Chrisman Dil :Co., a Missouri Corporation B y :[/.�C/1�� 7o inson, President State of Missouri ) )ss. County of Cape Girardeau ) On this 20th day of September, 2002, before me, Lonna Haimes, a Notary Public, appeared Jon Vinson to me personally known, who, b-eing-by me duly sworn, did say that he is the President of Chri-sman Oil Co., -a corporation, of the State of Missouri, and that the -said instrument was signed in behalf of said Corporation by autrrority :of its Beard cif Directors and he acknowledged said instrument to be the free act and.deed of -said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official.seal, at my office in Cape Girardeau, Missouri the day and year first above written. My Commission expires: June 12, 2004 L6iiKa gimes, I3 V ary Public 3;g'..Z "I.0NNA HAIMES .� Cape GirdrdeaL Coun MyCommissiir�s June 12, 2004onExp Staff: Greg Young, City Attorney AGENDA REPORT Agenda: September 2, 2025 Cape Girardeau City Council TITLE BILL NO. 25-97, a Resolution adopting the updated Council Policy Manual, in the City of Cape Girardeau, Missouri. Reading and Passage. SUMMARY The previous City Council Handbook was last adopted by City Council on February 21, 2012. The attached Council Policy Manual has been updated and will serve as a replacement for the City Council Handbook. The update includes a Financial Management Policy, current Organization Chart, current advisory board composition, and incorporates current procedures. STAFF RECOMMENDATION Staff recommends that Council adopts the Council Policy Manual by Resolution. ATTACHMENTS • 25-97_Council _ Policy_Manual.doc • PROPOSED Council Policy Manual.pdf BILL NO. 25-97 RESOLUTION NO. A RESOLUTION ADOPTING THE UPDATED COUNCIL POLICY MANUAL, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council of the City of Cape Girardeau, Missouri hereby adopts a Council Policy Manual, a copy of which is attached hereto and is incorporated herein by reference, with such changes or amendments to the Exhibits as deemed necessary and appropriate by the City Manager. This Council Policy Manual hereby replaces the City Council Handbook adopted on February 21, 2012. PASSED AND ADOPTED THIS DAY OF Stacy Kinder, Mayor ATTEST: Gayle L. Conrad, City Clerk WAINJOIF CITYOf CAPE G I R A R D E A U POLICY MANUAL PROPOSED September 2, 2025 Resolution #### CITY OF CAPE GIRARDEAU, MISSOURI POLICY MANUAL TABLE OF CONTENTS I. General Information..................................................................................................1 II. City Council................................................................................................................1 A. Election..........................................................................................................1 B. Qualifications.................................................................................................1 C. Prohibitions....................................................................................................2 D. Vacancies......................................................................................................2 E. Statutory Duties.............................................................................................3 F. Mayor.............................................................................................................5 III. City Manager..............................................................................................................6 IV. Representation of the City.........................................................................................7 V. Council Procedures....................................................................................................8 A. Council Requests............................................................................................8 B. Meetings........................................................................................................8 C. Agenda...........................................................................................................9 D. Procedure and Debate...................................................................................10 1. Charter Requirements............................................................................10 2. Traditional Requirements.......................................................................11 E. Methods of Voting.........................................................................................12 F. Minutes..........................................................................................................12 G. Open Meetings and Records..........................................................................12 VI. Boards........................................................................................................................12 VII. Departments..............................................................................................................13 VIII. Ordinances, Resolutions and Motions.......................................................................14 A. Definitions......................................................................................................14 1. Ordinances..............................................................................................14 2. Resolutions.............................................................................................14 3. Motions..................................................................................................14 B. Procedure to Pass an Ordinance....................................................................15 1. Introduction of Ordinances....................................................................15 2. Reading of Bills.......................................................................................15 3. Public Appearance..................................................................................15 4. Final Passage...........................................................................................15 5. Effective Date.........................................................................................15 6. Emergency Measures.............................................................................15 IX. Financial Administration............................................................................................16 A. Fiscal Year.......................................................................................................16 B. Budget............................................................................................................16 C. Capital Program.............................................................................................16 D. Tax Rates........................................................................................................17 E. Financial Management Policy........................................................................17 F. Casino Funding Policy....................................................................................17 X. Council Expenses........................................................................................................17 XI. Professional Organizations........................................................................................18 XII. Conflicts of Interest....................................................................................................18 XIII. Code of Conduct........................................................................................................18 A. General Conduct..................................................................................................18 B. Conduct with the Public.......................................................................................19 C. Conduct with City Staff........................................................................................19 D. Conduct with Boards & Commissions..................................................................20 E. Violations.............................................................................................................20 XIV. Effective Governance.................................................................................................20 Exhibit A - Chart of Parliamentary Procedures......................................................................22 Exhibit B - Chart of Sample Motions......................................................................................23 Exhibit C — Advisory Board Application..................................................................................24 Exhibit D - Roster of Advisory Boards and Committees........................................................26 Exhibit E - Organizational Chart.............................................................................................42 Exhibit F — Financial Management Policy..............................................................................43 Exhibit G — Casino Funding Policy..........................................................................................48 Exhibit H — Open Meetings & Records...................................................................................52 I. GENERAL INFORMATION The City of Cape Girardeau was first settled in 1705 and incorporated as a City in 1808. In 1981, in accordance with the home rule provisions of the 1971 State Constitution, the citizens of Cape Girardeau adopted a charter. The City Charter may be viewed as the basic legal document of City government in Cape Girardeau. The form of municipal government provided for in this Charter is the Council -Manager form of government. The Council is comprised of seven members, one mayor and six council members, elected for a term of four years. The use of "Council" in this Manual will refer to both City Council members and the Mayor unless otherwise noted. The duty of the Council is to enact local legislation, determine policies, and appoint the City Manager. The City Manager is the chief executive and administrative officer of the City. The City Manager is responsible to the Council and serves at the pleasure of the Council. The Council -Manager form of government provides a clear line of authority and responsibility between the policy making and administrative functions of municipal government. Council members should make every effort to learn about the Council -Manager form of government in order to most effectively and appropriately carry out their responsibilities. The policies and procedures adopted herein by the Council in this Manual are in accordance with City Charter and Missouri law. II. CITY COUNCIL A. ELECTION The Council consists of seven members including a mayor and six council members. The six council members reside in and are elected by the voters residing in their respective wards. The Mayor is elected at large by the voters of the city. Council members are elected for four year terms on a staggered basis (i.e., three council members will be elected every two years.) B. QUALIFICATIONS The mayor and council members shall be registered voters of the city, and shall be at least 21 years of age. The mayor shall have been a resident of the city for at least four 4 consecutive years immediately prior to the mayor's election. The council members shall have been a resident of the city for at least two years immediately prior to their election. In addition, a member of the council shall also be a resident of that member's ward for a period of time not less than (90) days immediately prior to the first day on which a nomination petition can be filed for a city election. Adopted 9/2/2025 1 C. PROHIBITIONS No Council member shall hold any other City office or City employment during the term for which he was elected to the Council, and no former Council person shall hold any compensated appointive City office or City employment until one year after the expiration of the term for which he was elected to the Council. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any City administrative officers or employees whom the City Manager or any of his subordinates are empowered to appoint, but the Council may express its views and fully and freely discuss with the City Manager anything pertaining to the appointment and removal of such officers and employees. Except for the purpose of inquiries and investigations under the Charter, the Council or its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager solely through the City Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. D. VACANCIES The office of a council person or of mayor shall become vacant upon death, resignation, removal from office in any manner authorized by law, or forfeiture of office. The Council shall be the judge of the election and qualifications of its members and of the grounds of forfeiture of office. A council person or mayor shall forfeit his office if he: 1. Lacks at any time during his term of office any qualifications for the office prescribed by the Charter or by law; 2. Violates any express prohibition of the Charter; 3. Is convicted of a crime involving moral turpitude; 4. Remains in default to the City after notice of such default; or 5. Fails to attend three consecutive regular meetings of the Council without being excused by the Council. A vacancy in the Council or office of Mayor may be filled by the Council for a period running to the next general election unless such period exceeds one year. If the period exceeds one year, the Council shall make arrangements for a special election to fill such vacancy for the unexpired term. If the Council fails to fill such vacancy within 60 days after the date of its occurrence, the Council shall call a special election to fill the vacancy at the earliest possible date, except that no election shall be called for such purpose within 180 days preceding the next general election. Adopted 9/2/2025 2 E. STATUTORY DUTIES The Council has the power by ordinance, resolution and motion, but is not restricted to, the following: 1. Assess, levy and collect taxes for all general and special purposes on all subjects and objects of taxation not expressly prohibited by law; 2. Furnish all public services, purchase, hire, lease, construct, own, maintain and operate public utilities, dispose of the services and products therefor; acquire by condemnation or otherwise, within or without the corporate limits, property or any estate or interest therein, within or without the corporate limits, necessary for any such purposes; grant public utility franchises and permits and regulate the services thereof. 3. Make public improvements and acquire, by condemnation or otherwise, property, or any estate or interest therein, within or without the corporate limits, necessary for such improvements; 4. Adopt police, health, sanitary, safety, fire prevention, and other similar regulations not in conflict with general law and provide for their enforcement. 5. Expend the money for the City for all lawful purposes. 6. Issue, sell, pledge, or in any manner dispose of, negotiable or nonnegotiable, interest bearing or non-interest bearing bonds or notes of the City, upon the credit or specific property owned by the City, or solely upon the credit of income derived from the property used in connection with any public utility owned or operated by the City, or solely upon the credit of the proceeds of special assessments for local improvements or upon any two or more of such credits. 7. Exercise the power of eminent domain, including the power of excess condemnation as authorized by the Constitution or by law, and condemn private property, real or personal, or any use therein for public use within or without the City. 8. Take and hold property within or without the City upon trust, and administer trusts. 9. Acquire and receive by gift or bequest or devise all kinds of property, real, personal or mixed, or any estate or interest therein, within or without the City, absolutely or in trust, for all public, charitable or municipal uses or purposes; perform all acts necessary to carry out the purposes of such gifts, bequests or devises, with power to manage, sell, lease or otherwise handle or dispose of such property, in accordance with the terms of the gift, bequest or devise. Adopted 9/2/2025 3 10. Acquire, receive, hold, provide for by contract or otherwise, construct, operate, regulate, manage, maintain and improve all kinds of public buildings, structures, public market facilities, airports, off-street parking facilities, public housing, cemeteries, hospitals, parts and other recreational facilities, all other public improvements, and any other property real or personal, within or without the City, for all such uses or purposes, or for any other public or municipal use or purposes; acquire, receive and hold any estate or interest in any such property; and sell, lease, mortgage, pledge or otherwise dispose of the same or the products thereof. The power herein granted shall be limited only by prohibitions contained in the constitution and laws of Missouri and other provisions of the Charter. 11. Collect sewage, garbage, refuse, etc., or license and regulate such collection and disposal. 12. Regulate businesses liable to be nuisances. 13. License and inspect weights and measures. 14. Regulate the construction and materials of all buildings and structures. 15. Establish, improve, etc., streets, parks, sewers, water system, etc. 16. Regulate, etc., grade crossings, airports, aircraft, communication facilities, etc. 17. Invest funds of the City in that which is prescribed by law. 18. Annex property into the City. 19. Define and abate nuisances. 20. Do all things whatsoever necessary or expedient for promoting and maintaining the general welfare of the City and its inhabitants. 21. Enforce ordinances or regulations by means of fines, forfeitures, penalties and imprisonment, or by action or proceedings in the Municipal Court or in any other court of competent jurisdiction. 22. License, tax, regulate or suppress businesses, occupations, professions, vocations, activities. 23. Impose a license tax upon any business, pursuit, calling, animal or thing. 24. Compel, by the issuance of process, witnesses and records relating to any subjects under investigation in which the interest of the City is involved. Adopted 9/2/2025 4 25. Contract and be contracted with, and sue and be sued. 26. Assess and collect special assessments. 27. Provide for the enumeration of the inhabitants of the City for any purpose whatsoever. 28. Divide the City for the purpose of imposing zoning regulations. 29. Enact, adopt and enforce all ordinances, rules and regulations. 30. Cooperate, or join by contract or otherwise, with other governmental bodies. 31. Regulate utility rates for utilities owned and operated or services furnished by the City. 32. Incur debts by borrowing money or otherwise. 33. Improve watercourses and regulate the use thereof. 34. Regulate poles and wires, etc. 35. Purchase property for delinquent taxes, etc. 36. Provide for the care of the sick, aged, or insane, poor persons or delinquent children. Provide for the punishment of parents, guardians for neglect of children. 37. Acquire, operate and maintain charitable, educational, comfort, recreative, curative, detentive, penal and other institutions, departments, functions, facilities, instrumentalities, conveniences and services. 38. Provide for the employment of all personnel necessary to carry on the function of departments and agencies of the City. 39. Limit the power to tax real property. F. MAYOR The Mayor shall preside at meetings of the Council, shall have the right to vote, and shall be recognized as head of the City for all legal and ceremonial purposes and by the Governor for purposes of military law. The Mayor shall have no administrative duties nor any authority to direct the City Manager or any City employees, shall have no veto power, and shall have no power to create advisory boards or similar committees. The Council shall elect from its members a Mayor Pro Tempore who shall act as Mayor during the absence or disability of the Mayor and, if Adopted 9/2/2025 5 a vacancy occurs, shall act as Mayor until such vacancy is filled as provided for in the City Charter. The Mayor Pro Tempore shall be elected following each general City election at which Council members are elected. III. CITY MANAGER The Council shall appoint a City Manager for an indefinite term and shall fix his compensation and conditions of employment. The City Manager shall hold office at the pleasure of the Council. The City Manager shall be appointed solely on the basis of executive and administrative qualifications with special reference to knowledge of, and experience in, municipal administration. The City Manager need not be a resident of the City or State at the time of his appointment, but shall reside within the City during his tenure of office. The City Manager shall devote full-time to the duties of his office and shall have no secondary employment while City Manager. By letter filed with the City Clerk, the City Manager shall designate a qualified City administrative officer to exercise the powers and perform the duties of the City Manager during the temporary absence or disability of the City Manager. The Council may revoke such designation at any time and appoint another person to serve until the City Manager shall return or his disability shall cease. The City Manager as the chief administrative officer of the City shall have the following powers and duties: 1. He shall appoint and, when he deems it necessary for the good of the service, suspend or remove all City employees and appointive administrative officers provided for by or under the Charter or personnel rules adopted pursuant to the Charter. He may authorize any administrative officer who is subject to his direction and supervision to exercise these powers with respect to subordinates in that officer's department, office of agency. 2. He shall direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by the Charter or by law. 3. He shall attend all Council meetings and shall have the right to take part in the discussion, but may not vote. He shall receive notice of all special meetings. 4. He shall see that all laws, ordinances, provisions of the Charter and acts of the Council are faithfully enforced. 5. He shall prepare and submit the annual budget and capital improvement program to the Council. Adopted 9/2/2025 6 6. He shall submit to the Council and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. 7. He shall make such other reports as the Council may require concerning the operations of City departments, offices and agencies subject to his direction and supervision. 8. He shall keep the Council fully advised as to the financial condition of the City and make such recommendations to the Council concerning the future needs of the City as he may deem appropriate. 9. He shall facilitate the prompt, economical and efficient dispatch of City business, and to that end he may from time to time organize or reorganize the work of the departments responsible to the City Manager, assign assistants, deputies and employees from any office or department of the City government under the City Manager to perform work or service in connection with any other office of department thereof, or to work in more than one of said offices or departments. 10. He shall have the right to examine or cause to be examined, without notice, the official conduct of any officer, assistant, deputy, clerk or employee in any of the departments of the City government under the control of the City Manager. 11. He shall perform such other duties as are specified in the Charter, or as may be required by the Council not inconsistent with the City Charter. IV. REPRESENTATION OF THE CITY Mayor - The Mayor shall be recognized as head of the City for all legal and ceremonial purposes and by the Governor for purposes of military law. Negotiations - Neither the mayor nor any Council member shall represent or negotiate for the City to any other individual, body, group or governmental department or official without prior approval from the Council at a regular meeting. Council shall not interfere or participate in any negotiations with any union or employee groups and shall be exclusively managed by the City Manager. All negotiations are handled by the City Manager or designee unless otherwise authorized by the City Council. External Contacts to Council - Any Council member (Mayor and Council) contacted by any governmental body, group or official concerning policy decisions or official administrative matters shall inform the City Manager or the Council at the next regular meeting. The City Manager shall report any negotiations or representations that a Council member has made and not reported to the Council. Adopted 9/2/2025 7 Council to City Manager - The City Manager shall notify the Council of any question or action of any Council member (Mayor and Council) that requests the City Manager to make an administrative action or policy decision. Prior to agreeing to take such action or decision, the City Manager shall ask the Council for a decision at a meeting of the Council. At that time, any Council member shall have an opportunity to request support of the Council for action on that request. However, Council shall consider the clear line of authority and responsibility between the policy making and administrative functions of municipal government as prescribed by the Charter prior to authorizing any action. V. COUNCIL PROCEDURES A. COUNCIL REQUESTS The City Manager will make every effort to respond in a timely and professional manner to all requests for information or assistance made by individual Council Members (including the Mayor). Routine questions that do not require very much staff time are handled as "Council Inquiries." The City maintains a database of these council inquiries that helps to track the progress on the issues and can also provide historical information. Prior to proceeding with any request for information or assistance, the City Manager shall inform the requesting Council Member if the request would require more than two hours of staff time to research or prepare a response. The Council Member can then request the City Manager place the request on an upcoming Council agenda if still requesting the information. If three Council Members voice support for the request at the meeting, then the City Manager can proceed to prepare the response which ensures that staff resources are allocated in accordance with overall Council priorities. There may be times in which the inquiry prompts the City Manager to direct the use of City resources to correct or address a situation. In these situations if there is a change in staff workload or policy, the City Manager shall determine if the dedication of resources falls within normal, routine operations and may be completed or if it extends beyond normal, routine operations and should be placed on an upcoming Council agenda. B. MEETINGS The regular Council meetings are scheduled at City Hall to be held on the first and third Monday of each month. The meetings begin at 5:00 P.M. with a study session that moves directly into the regular session. The place and time of a regular Council meeting may be changed by vote of the Council. The study session is intended to introduce all new ideas and concepts for discussion that may warrant staff research or public input before drafting an ordinance or placement on an agenda. The Mayor, upon his own motion, may, or at the request of three members of the Council shall, call a special meeting of the Council with notice provided to all members of the Council. Special meetings shall be scheduled in a manner to provide at least 24-hour public notice, but can be set for a time not earlier than three hours if there is good cause and such cause is specified in the minutes. No action by the Council shall have legal effect unless the motion for the action and the Adopted 9/2/2025 8 vote by which it is disposed of take place at proceedings open to the public except those actions authorized in a closed session by Missouri law. C. AGENDA If an item is to be considered for a regular Council meeting, it must be submitted to the City Manager's Office no later than one week prior to the next Council meeting. On the Friday preceding a regular Council meeting, an agenda packet is prepared with an agenda of items to be considered at the Council meeting. Attached to the agenda are supporting informational Council Reports for each agenda item (i.e., proposed ordinances and resolutions) along with supporting documentation as determined by City staff. Council Memorandums by City staff may be submitted in the agenda packet which may not address a particular agenda issue. The Memorandums provide information the City Manager determines would be of interest to the Council or information on an item or a subject that may be discussed at a future meeting. If the City Manager determines that an agenda needs amending after delivery of the agenda, the City Manager will prepare a revised agenda for the City Council's consideration. This revised amended agenda will be provided to the Council prior to or at the Council study session. There will also be an agenda prepared for each study session outlining the items to be discussed. Any member of the Council may move to bring up for consideration by the Council at any study session, any matter, even though it was not placed on the agenda of the meeting. The Mayor, or in his absence, the Mayor Pro Tempore, shall take chair at the hour appointed for the Council meeting and call the meeting to order. The business of the Council at a regular meeting shall be taken up for consideration and disposition in the following order unless altered by vote of the Council: 1. Call to Order (Mayor) 2. Roll Call (City Clerk or Deputy) 3. Adoption of the Agenda 4. Public Hearings (if needed) 5. Consent Agenda a) Approval of Minutes of Previous Meeting or Meetings b) Ordinances (second and third readings of bills previously heard by the Council) c) Resolutions d) Motions 6. Items Removed from Consent Agenda (per request to discuss and to act on an individual item) 7. New Ordinances 8. Appointments to Advisory Boards (if needed) 9. Other Business (if needed) 10. Adjournment Adopted 9/2/2025 9 D. PROCEDURE AND DEBATE The City Council utilizes a modified version of "Robert's Rules of Order." However, the Council may set its own rules of procedure and debate as it deems appropriate, excepting Charter or statutory requirements. The following is a list of rules that the City Council currently utilizes: 1. Charter Requirements (a) A majority of the Council (four members) shall constitute a quorum in accordance with the City Charter. (b) Voting may be by roll call or voice vote at the discretion of the presiding officer. Any member of the Council may request a roll call vote at any time before, or immediately after a voice vote is taken and such request shall be granted. (c) The presiding officer shall announce the results of any voice vote and the ayes and nays shall be recorded in the journal. In all roll call votes the names of the members of the Council shall be called in alphabetical order and the name to be called first shall be advanced one position alphabetically in each successive roll call vote. In all votes, the ayes and nays shall be recorded in the journal. (d) The vote of any member of the Council who abstains from voting shall be recorded with the majority of the members voting, provided, however, that this provision shall not apply to the vote of any Council person abstaining from expressly stated purpose of compliance relating to personal financial interest. (e) Except as otherwise provided by State or by the Charter, all actions of the Council shall require an affirmative vote of at least four members. (f) All bills to be considered as an ordinance shall be read three times in open Council meetings before final passage, with no more than two readings (except reading of appropriations and emergency measures) at the same session. All readings of bills may be by title only unless reading is required by State statute or court decision or requested by one or more members of the Council. Except for appropriation ordinances or for emergency measures as provided for in the Charter, at least seven days shall elapse between the introduction and final passage of any bill. Appropriate ordinances and emergency measures may be read three times and finally passed at the meeting at which presented. (g) After the third reading of any bill, the Council may pass a bill with or without amendment. If the bill is amended in such manner as to constitute a material change in substance as determined by the Council, final action shall not be taken until a subsequent meeting at least seven days after such amendment. (h) The Council may act on matters of transitory nature by resolution. A resolution may be adopted at the meeting at which it is presented after only one reading of the title. Adopted 9/2/2025 10 (i) The Council may, without the constraints imposed by the Charter for the enactment of an ordinance, act on other such incidental matters as it may see fit, with ayes and nays to be recorded in the journal. (j) All motions must be seconded. (k) The Council may adopt an emergency measure which shall take effect immediately upon its passage under certain conditions set by the Charter. 2. Traditional Reauirements (a) The presiding officer is responsible for the conduct of the meeting. It is presiding officer's duty to maintain order and decorum, limit length and repetitive orations, but allow all interested members of Council an opportunity to discuss and present their position. The presiding officer rules on parliamentary procedure. (b) Public hearings. For the record, the presiding officer opens the hearing, asks for comment from the public from those supporting or opposing the matter, and then closes the hearing. (c) At regular Council meetings, time may be allotted for the public to comment on matters not on the agenda. Individuals from the public that desire to address the Council on matters not on the agenda at regular Council meetings, must register to do so with the City Manager's office by noon the Saturday before the regular Council meeting. (d) Individuals from the public who address the Council are required to deliver their comments from the podium setup for that purpose. Individuals shall state their name and address prior to addressing the Council. Individuals should refrain from speaking while any Council person is speaking and should conduct themselves in a manner appropriate for the meeting. Council members may ask questions of the speakers at any point during a public hearing or comment period. Speakers shall not make comment to, or ask questions of, other members of the public or City staff during the meeting. Obscene language or other disorderly behavior shall not be tolerated. Each individual speaker from the public shall be limited to a three minute time period. Said time limits will be enforced by the presiding officer or an appropriate member of the City staff. (e) Council may ask questions of the City Manager and City Attorney at any time during the Council meeting. However, Council is encouraged to address their questions to the City Attorney either before or after the meeting. (f) Only one Council person has the floor to speak at any one time. (h) Once a motion is brought to the floor, discussion is limited to Council members, the Mayor, City Manager, and City staff only. (i) Once a motion is made and seconded, the presiding officer restates the motion for clarification. Adopted 9/2/2025 11 (j) A Council person who intends to abstain or disqualify himself because of personal or financial reasons or a conflict of interest must explain this at the opening of any discussion on the issue and must refrain from participating in the discussion. (k) A Council person may explain his intended vote prior to the vote. (1) A vote may be postponed to a definite future date. (m) Amendments are voted on before the main issue is voted on. (n) When discussion ceases, the presiding officer calls for the question. (o) A break may be taken during the Council meeting by a motion and second from the Council. See Exhibit A. Chart of Parliamentary Procedures and Exhibit B, Chart of Sample Motions. E. METHODS OF VOTING The usual method of voting is by a voice vote or by roll call vote. Any Council person may request a roll call vote. Roll call voting is administered by the City Clerk or Deputy who conducts the roll call. F. MINUTES The minutes of the Council Meeting are prepared by the City Clerk or Deputy and sent to Council members, along with the agenda packet, prior to the next regularly scheduled Council meeting. G. OPEN MEETINGS AND RECORDS All meetings of the Council shall be open to the public except for closed sessions as authorized pursuant to RSMo. 610.021. The Council adopted the City's Policy to Conform with the Missouri Open Meetings and Records on August 19, 2024, which is hereby re -adopted and incorporated herein. See Exhibit H. VI. BOARDS The Council may establish boards or commissions to serve solely in an advisory capacity. Unless otherwise required by law, such boards or commissions shall be appointed by the Council. The Public Library Board of Directors, Board of Adjustment, TIF Commission, and Community Improvement Districts Board of Directors, are appointed by the Mayor with consent of Council. Applicants to City Boards and Commissions must complete an Advisory Board Application, Exhibit C, which provides pertinent information to the City Council to assist them in making these appointments. Permanent boards and commissions shall be established by ordinance. Adopted 9/2/2025 12 The Council shall establish and maintain a Planning and Zoning Commission whose powers and duties are prescribed by ordinance in a manner not inconsistent with the Charter or the requirements of State statutes. Except as otherwise required by ordinance or State statutes, city board and commission members: (a) Must be residents of the City unless otherwise authorized by ordinance; (b) May serve on only one (1) Board or Commission at a time; (c) May not be members of the City Council, except that City Council Members may serve in ex officio positions on Boards and Commissions; (d) Must resign from the Board or Commission if he is selected to the City Council; (e) Will be reminded of attendance requirements if he misses two (2) consecutive meetings or three (3) meetings in any twelve (12) continuous months; (f) Shall be removed if he misses three (3) consecutive meetings or four (4) regularly scheduled meetings in any twelve (12) continuous months' (g) Shall serve for no more than three consecutive full terms beginning with terms that commenced on or after January 6, 1996 unless otherwise authorized by ordinance; and (h) May be reappointed to a board or commission after the expiration of one full calendar year from the conclusion of three consecutive full terms. See Exhibit D, Advisory Board Roster. VII. DEPARTMENTS By ordinance, the Council shall establish and prescribe the functions of such departments, offices, and agencies as it deems necessary. The Council may further reorganize, alter, abolish or discontinue any department, office or agency so created. All department, offices or agencies established by the Council shall be under the direction and supervision of the City Manager, and directors of such departments or agencies shall be appointed by and responsible to the City Manager. Two or more departments may be headed by the same person, and the City Manager may serve as director of one or more departments. The current organization structure is as follows, but may be amended by the City Manager as he deems necessary: A. Public Works Department 1. Transportation Services 2. Environmental Services 3. Water Services B. Parks & Recreation 1. Grounds Maintenance 2. Facility Maintenance 3. Recreation 4. CVB Adopted 9/2/2025 13 C. Fire D. Police E. Development Services 1. Planning Services 2. Inspection Services 3. Engineering Services F. Administrative Services 1. Information Technology 2. Citizen Services 3. Human Resources/Risk Management 4. Finance 5. Airport G. Municipal Court H. Legal I. City Manager's Office See Exhibit E, Organizational Chart. VIII. ORDINANCES, RESOLUTIONS AND MOTIONS Fin 11 a 91►1111[a] L1F-1 1. Ordinances: Those legislative acts of the Council permanent in nature shall be by ordinance. An ordinance may be introduced by any member of the Council at any regular meeting, or at a special meeting wherein said proposed ordinance appears on the agenda for the meeting. The most formal and dignified act taken by the Council is the passage of an ordinance. It is generally recognized that the ordinance is distinctly a legislative act which prescribes some permanent law or conduct of government. For an ordinance to take effect, it must be read three times. 2. Resolutions: The Council may act on matters of a transitory nature by resolution. A resolution may be adopted at the meeting at which it is presented after only one reading. Almost any act not required by ordinance may be in the form of a resolution. In this respect, it can be broadly stated that a resolution represents an act done through the ministerial powers of the Council, and is temporary in nature as opposed to legislative power and permanency represented by an ordinance. 3. Motions: Motions, as used in parliamentary procedures, constitute the formal tool for taking action. Motions are used in adopting resolutions and passing or amending ordinances. Motions are also useful in acting on business not requiring an ordinance or resolution. Adopted 9/2/2025 14 B. PROCEDURE TO PASS AN ORDINANCE 1. Introduction of Ordinances: An ordinance may be introduced by any member of the Council at any regular meeting, or at a special meeting wherein said proposed ordinance appears on the agenda for the meeting. A copy of each proposed ordinance shall be provided for each Council member at the time of its introduction, and at least three copies shall be provided for public inspection in the office of the City Clerk until it is finally passed or fails adoption. 2. Reading of Bills: All bills shall be read three times in open Council meetings before final passage, with no more than two reading (except readings of appropriations and emergency measures) at the same session. All readings of bills may be by title only unless reading in full is required by State statute or court decision or requested by one or more members of the Council. Except for appropriations ordinances or for emergency measures, at least seven days shall elapse between the introduction and final passage of any bill. Appropriation ordinances and emergency measures may be read three times and finally passed at the meeting at which presented. 3. Public Appearance: Prior to the final passage of any bill except as hereinafter provided, all persons interested therein may be heard before the Council at regular or special meetings in accordance with such rules or regulations as the Council may establish. 4. Final Passage: After the third reading of any bill and compliance with other provisions herein, the Council may pass a bill with or without amendment. If the bill is amended in such manner as to constitute a material change in substance, as determined by the Council, final action shall not be taken until subsequent meeting at least seven days after such amendment. Any ordinance, when passed by the Council, shall be signed by the presiding officer, attested by the City Clerk or Deputy, properly indexed in a book kept for that purpose, filed and preserved as a public record in the office of the City Clerk. 5. Effective Date: Unless a later date is specified therein, every ordinance shall become effective ten days after its final passage, subject to the Charter; provided, however, that appropriation ordinances and emergency measures shall be effective immediately upon final passage. 6. Emergency Measures: The Council may adopt an emergency measure which shall take effect immediately upon its passage, if it contains a declaration describing in clear and specific terms the facts and reasons constituting the emergency. Final action on such an ordinance may be taken at the meeting in which the measure is introduced, but shall require at least five affirmative votes if greater than a quorum is present. The emergency procedure shall be restricted to the following: Adopted 9/2/2025 15 (a) Bills concerning the immediate preservation of public peace, property, health safety or morals. (b) Any appropriation for payment of principal or interest on the public debt. (c) An appropriation for the payment of current expenses of City government, including emergency appropriations as provided in the Charter. (d) Calling an election or providing for the submission of a proposal to the people. IX. FINANCIAL ADMINISTRATION A. FISCAL YEAR The fiscal year of the City of Cape Girardeau begins on the first day of July of any calendar year and ends on the last day of June of the next calendar year. :31111:11UZ0:1111 The City Manager submits to the Council a budget for the ensuring fiscal year on or before 45 days prior to the beginning of the fiscal year. The budget provides a complete financial plan of all City funds and activities for the ensuing fiscal year. The budget indicates in separate sections: 1. Proposed expenditures and the method of financing such expenditures. 2. Proposed capital expenditures and the proposed method of financing each such expenditure. 3. Anticipated net surplus or deficit. The total proposed expenditures shall not exceed total estimated revenue plus any unencumbered balance or less any deficit estimated for the beginning of the fiscal year. The Council adopts the annual operating budget by ordinance following a public hearing. C. CAPITAL PROGRAM The City Manager submits to the City Council a five year capital program at least 150 days prior to the beginning of the fiscal year which will include: 1. Summary of its contents. 2. List of all capital improvements proposed to be undertaken during the five fiscal years next ensuing. 3. Cost estimates, methods of financing and recommended time schedules for such improvements. Adopted 9/2/2025 16 4. The estimated annual cost of operating and maintaining any capital additions to be constructed or acquired. The above information may be revised and extended each year with regard to capital improvements still pending or in process of construction or acquisition. The Council adopts the capital improvement program by resolution after a public hearing. D. TAX RATES After the budget is adopted, and the County Assessor has provided the Certified Assessed Valuation of Property, the Council sets the tax rates and levy on the various classes of property within the City. The rate of taxes levied by the Council shall be within the limits authorized by the constitution and law of the State applicable to charter cities. E. FINANCIAL MANAGEMENT POLICY The Financial Management Policy, see Exhibit F, and adopted and incorporated herein, provides a comprehensive framework for responsibly managing the City's financial resources. It outlines guiding principles, procedures, and roles to ensure fiscal stability, transparency, and accountability. The policy promotes balanced budgeting, prudent management for revenue and expenditures, disciplined debt practices, strategic capital planning, and strong internal controls. By following these policies, the City of Cape Girardeau enhances its ability to provide quality services, adapt to changing economic conditions, and meet the needs of residents and businesses now and in the future. F. CASINO FUNDING POLICY The Council adopted a Casino Funding Policy on May 15, 2023, which is hereby re -adopted and incorporated herein. See Exhibit G. The purpose of this Casino Funding Policy is to define the use of the casino revenue received by the City. The Casino Funding Policy ensures that fund balances shall not be used for continuing operations expenses. X. COUNCIL EXPENSES Council members shall be reimbursed for expenses incurred in connection with their duties for mileage and travel. Mileage outside the City of Cape Girardeau is reimbursed comparable to reimbursement for City employees. Since this reimbursement policy may change at the discretion of the City Manager, Council should direct questions regarding reimbursement rates to the City Clerk. In addition, City Council members who will be incurring meal expenses will be provided a per diem amount prior to travel. To facilitate travel for Council members, lodging, plane and conference registration are handled beforehand by the City Manager's Office. Adopted 9/2/2025 17 XI. PROFESSIONAL ORGANIZATIONS Each Council member receives a membership to the Missouri Municipal League. This includes a subscription to the Missouri Municipal Review, and a standing invitation to the League's annual meeting. XII. CONFLICT OF INTEREST The City Code of Ordinances in Chapter 2, Article IV. defines what constitutes a conflict of interest. In order to assist Council, staff may point out potential conflicts of interest to individual Council members of items they are aware of based on previously submitted individual Council information pertaining to business interests, income sources, property, and potential family interests. However, there is no possible way for staff to anticipate every potential conflict so Council members should remain diligent in their efforts to avoid conflicts of interest as required by law. Each Council member and Council as a whole are ultimately responsible for the avoidance of conflicts. Council Members are required to file annual Financial Disclosure Statements with the City Clerk and the Missouri Ethics Commission. XIII. CODE OF CONDUCT Iewh4►1:7e1111101L111111611 Councils are composed of individuals with a wide variety of backgrounds, personalities, values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to improve the quality of life in the community. In all cases, this common goal must be acknowledged even as Council may "agree to disagree" on certain issues. All members of Council have equal votes. No Council member has more power than any other Council member, and all must be treated with equal respect. • Demonstrate honesty and integrity in every action and statement. • Behave ethically while carrying out responsibilities. • Serve as a model of leadership and civility to the community. • Inspire public confidence in City government and City Staff. • Be consistent in process and operation. • Work for the common good, not personal interest. • Prepare in advance of Council meetings and be familiar with issues on the agenda. • Maintain the confidentiality of material discussed during closed Council meetings. Information from closed meetings must not be shared with anyone until the action becomes public. • Fully participate in Council meetings and other public forums while demonstrating respect, kindness, consideration, and courtesy to others. • Participate in scheduled activities to increase Council effectiveness. Adopted 9/2/2025 18 • Be responsible for the highest standards of respect, civility and honesty in ensuring the effective maintenance of intergovernmental relations. • Respect the proper roles of elected officials and City staff in ensuring open and effective government. • Be cautious in representing City positions on issues. • Use formal titles in public meetings. • Practice civility and decorum in discussions and debate. • Honor the role of the presiding officer in maintaining order and equity. • Be respectful of other people's time. B. CONDUCT WITH THE PUBLIC Making the public feel welcome is an important part of the democratic process. No signs of partiality, prejudice or disrespect should be evident on the part of individual Council members toward an individual participating in a public forum. Every effort should be made to be fair and impartial in listening to public testimony. • Be welcoming to speakers. • Be fair and equitable in allocating public hearing time to individual speakers. • Clarifying questions are appropriate, but avoid debate and argument with the public. C. CONDUCT WITH CITY STAFF Governance of a city relies on the cooperative efforts of elected officials, who set policy, and City Staff who implement and administer the Council's policies. Therefore, every effort should be made to be cooperative and show mutual respect for the contributions made by each individual member of City Staff for the good of the community. • Channel all communications through the City Manager and do not contact City Staff directly. • Treat all staff as professionals. • Submit questions on Council agenda items in advance of the meeting. • Never publicly criticize an individual employee. Criticism is different from questioning facts or the opinion of staff • Council members are not permitted and should refrain from involvement in administrative functions. • Respect the "two hour" rule for staff work. • Depend upon the staff to respond to citizen concerns and complaints as appropriate rather than applying pressure or attempting in any way to solve a problem in a particular way. Adopted 9/2/2025 19 D. CONDUCT WITH BOARDS AND COMMISSIONS The City has established several boards and commissions as a means of gathering more community input. Citizens who serve on boards and commissions become more involved in government and serve as advisors to Council. They are a valuable resource to the City's leadership and should be treated with appreciation and respect. Council Members serve as liaisons to boards and commissions, according to appointments, and in this role are expected to represent the full Council in providing guidance to the board or commission and to report activities to the full Council. In other instances, Council Members may attend board or commission meetings as individuals, and should follow these protocols: • If attending a board or commission meeting, identify your comments as personal views or opinions. • Limit contact with board and commission members to questions of clarification. • Remember that boards and commissions are advisory to the Council as a whole, not individual Council Members. • Be respectful of diverse opinions. E. VIOLATIONS Council Members who fail to follow proper conduct pursuant to this Manual maybe reprimanded or formally censured by the Council and lose committee assignments. Serious violations of this Manual by Council Members could lead to other sanctions as deemed appropriate by Council. Council Members should address infractions with the offending Council Member. If the offenses continue or if an individual violation is of a serious nature, then the matter must be referred to the Mayor. If the Mayor is the individual whose actions are being questioned, then the matter must be referred to the Mayor Pro Tempore. The Mayor (or Mayor Pro Tempore in cases involving the Mayor) must then initiate action to address the Council Member's behavior by the Council. If no action is taken by the Mayor, the alleged violation(s) shall be brought up with the full Council in a public meeting. The Mayor can ask the City Manager and/or the City Attorney to investigate the referred allegation(s) and report the findings to the Mayor. It is the Mayor's responsibility to take the next appropriate action. These actions can include, but are not limited to: discussing and counseling the individual on the violation(s); recommending sanction to the full Council to consider in a public meeting; or forming a Council ad hoc subcommittee to review the allegation, investigation, and findings as well as to recommend sanction options for Council consideration. XIV. EFFECTIVE GOVERNANCE Below are recommendations, but not requirements, gathered from former public servants and intentionally presented in a casual tone. Adopted 9/2/2025 20 • Try to enjoy yourself; it's a unique experience being on the front lines of democracy. • Remember ordinances are laws, they are not resolutions or policies. You will be asked fairly often to advocate for exceptions to the requirements contained in ordinances. Prior to doing so privately or publically, make sure you have a good and lawful reason that you can defend publicly. • Citizens have the right to expect consistency in policy and in the application of laws and administrative regulations. • Remember that you represent all the people of your city, not just neighbors and friends. Be wary of personal experiences coloring your public decisions. • Don't be misled by the strong demands of special interest groups, friends, and neighbors, who want it done now, their way. Your job is to find the long-term public interest of the city as a whole, and you may be hearing from the wrong people. • Don't burn yourself out on the little things while still recognizing that they often are important to the public. Save some energy and time for the important matters. • Staff has dealt with dozens of governing body members and seen some problems over and over so they forget that you are a novice. Don't be afraid to ask questions. • Don't give quick answers. It may be embarrassing to appear ignorant, but it can be more embarrassing, and damaging to you and the City, to tell a person something that is wrong. • Do not introduce issues during a meeting that have not been put on the agenda in advance. This surprises people. If a matter is worth bringing up for discussion, it is worth being on the agenda. Surprises may get you some publicity, at the embarrassment of others, and tend to erode the "team" approach to governance. • Don't rush to judgment. Few final actions have to be taken at the first meeting they are considered. Avoid "crisis management." • The governing body has to act as a unit otherwise, staff gets confused and very cautious. Develop trust by sharing information, being open to the ideas of other members of the governing body, and by not trying to control what other council members think or do. • Don't act as a committee of one; governing a city requires a team effort — practically and legally. • As an individual Council Member do not make promises you cannot deliver! Most decisions and actions require approval of the governing body. • Don't do it or say it if you aren't willing to read about it in the newspaper, social media, or elsewhere on the internet. • Don't expect to be interested in everything that comes before the governing body. It is appropriate to defer to other members if they seem more interested in the issue than you do. You do not have to express an opinion about every issue. • Don't let honest differences of opinion degenerate into personality conflicts. • Appoint citizen advisory committees when you need them, but be prepared to follow their advice if you use them. • Take care in your appointments to boards and commissions. Make sure they are capable as well as representative of the whole city. Adopted 9/2/2025 21 EXHIBIT A CHART OF PARLIAMENTARY PROCEDURES (Selected Motions Only) Type of Second Debatable Amendable Priority Recon- Interrupt Vote Motion Required Over Pend sidered Speaker Required Motion Adjourn Y Y Majority Amend or Y Y Y Y Y Majority Substitute Appeal Y Y Y Y Majority Limit Debate Y Y Y Y 2/3 Main Motion Y Y Y except Y Majority "table" Nominations Y Majority Personal Y Y Y Privilege or Point of Order Postpone to Y Y Y Y Y Majority Time Certain Previous Y Y Y 2/3 Question Recess or Y Y Y Majority Adjourn to Time Certain Reconsider Y Y *1 *2 Majority Table or Take Y Y *3 from Table Take Up Out of Y Order Withdraw a Y Y Y Majority Motion *4 Y indicates that this action can be taken, is necessary, required, permitted or applicable. No mark indicates that this action cannot be taken, is unnecessary or inapplicable. *1 if prior motion was *2 except for request for later action *3 highest subsidiary motion takes precedence over all motions except adjourn and privilege *4 must be voted unless no objection Adopted 9/2/2025 22 EXHIBIT B CHART OF SAMPLE MOTIONS Council Members making motions, resolutions or ordinances may introduce them in the form shown below: Main Motion: I move .... Ordinances: First Reading: I move the first reading of Bill # be approved and that it be placed on the next regularly scheduled meeting agenda for further consideration. Adoption of Bill (Second and Third Readings): I move that the second and third readings of Bill # be approved and that the ordinance be adopted. Resolutions: I move the reading of Bill # be approved and the resolution adopted. Amendments: 1) 1 move to amend the motion by inserting between ... and ... 2) 1 move to amend the motion by adding after .... 3) 1 move to amend the motion by striking out ... 4) 1 move to amend the motion by striking out ... and inserting ... 5) 1 move to amend by striking out the motion and substituting the following ... Planning and Zoning Commission: I move that this matter be referred to the Planning and Zoning Commission. I move that this matter be filed (the matter may be brought back for consideration if a request for a public hearing is received by the City Clerk within ten days of Council filing.) I move that a public hearing be set for the Council meeting scheduled on ..... I move to reconsider the vote by which .....was voted. Adopted 9/2/2025 23 ADVISORY BOARD APPLICATION Exhibit C Board: INTERNAL USE ONLY CITY Of CAPE GIRARDEAU Date Appointed: 44 N. Lorimier St., Cape Girardeau, MO 63703, 573-339-6320 Name Primary Phone Address Secondary Phone City, State Zip Ward: Number of Years as a City of Cape Girardeau Resident E -Mail Address Current Employer and Position Number in priority order the Board(s) you are interested in serving on. Airport Advisory Board Parks & Recreation Advisory Board Board of Adjustment Planning & Zoning Commission Board of Appeals Public Library Board Convention & Visitors Bureau Advisory Board River Campus Board of Managers Golf Course Advisory Board Show Me Center Board of Managers Historic Preservation Commission Special Business District Advisory Commission Liquor License Review Board Tree Board Special Qualifications for Specific Board(s) (Include Past Board Service): Citizen Academy Graduate : ❑ Yes ❑ No State Why You Are Interested in Serving on The Board(s): Educational Background and Experience: Community Activities: See regular meeting times on second page. Would you like to receive news from the City via e-mail/blog? ❑ Yes ❑ No I hereby certify that all statements in this application are true. If appointed, I agree to serve and attend meetings regularly. I understand and agree that absence from three (3) consecutive meetings or four (4) absences in any twelve (12) consecutive months will result in my position being deemed vacant. I will immediately notify the City Clerk's Office if my residential address changes. Signed Date Submitted: Board Member Applications are valid for one year from the date signed. Date Renewed: RETURN APPLICATION TO: City Clerk's Office, 44 N. Lorimier Street, Cape Girardeau, MO 63703 E-mail to cityclerk@cityofcape.org Adopted 9/2/2025 24 CITIZEN ADVISORY BOARDS The City Council appoints a number of boards to serve in an advisory capacity. The Council welcomes all citizens to apply for appointment to any advisory board they are interested in. To apply, please complete the Advisory Board Application on the reverse side and return to the City Manager's Office. Citizens can apply for more than one board but can only serve on one board at a time. Call 339-6320 for additional information. Airport Advisory Board: Three-year term. Two members may be from the following areas: Scott, Bollinger and Perry Counties. Meetings held second Tuesday at 11:30 a.m. at the Airport. Staff contact - Airport Manager. Board of Adiustment: Five-year term. Meetings held first Thursday at 7:00 p.m. in City Council Chambers. Board considers requests for variances from the Zoning Ordinance provisions. Staff contact - City Planner. Board of Appeals: Five-year term. No more than two members from each of the following professions: (1) Registered design professional that is a registered architect or a builder or superintendent of building construction with at least 10 years experience; (2) Registered design professional with structural engineering or architectural experience; (3) Registered design professional with mechanical or plumbing engineering experience or a mechanical or plumbing contractor with 10 years experience; (4) Registered design professional with electrical engineering experience or an electrical contractor with at least 10 years experience; (5) Registered design professional with fire protection engineering experience or a fire protection contractor with at least 10 years experience. Meetings held second Thursday at 7:00 p.m. in City Council Chambers. Board considers appeals from the building codes. Staff contact - Building and Code Enforcement Manager. Convention and Visitors Bureau Advisory Board: Three-year term after the initial board. Nine members: two shall be a hotel/motel operator/owner within the City; one shall be a restaurant operator/owner within the City; one member shall be from the Chamber of commerce; one member shall be from Old Town Cape; four members have interest in entertainment, hospitality, convention or tourism business. Appointed by the City Council. Meetings held first Monday at noon in the Osage Centre. Staff contact — Parks & Recreation Director Golf Course Advisory Board: Three-year term. Meetings held fourth Thursday at noon at the A.C. Brase Arena Building. City Council member may serve as liaison. Purpose is to promote and develop the City's golf course facilities. Meetings held bi-monthly. Staff contact - Parks & Recreation Director. Historic Preservation Commission: Three-year term. Meetings held third Wednesday at 5:30 p.m. in City Council Chambers. Commission administers the Historic Preservation Ordinance and applications for landmarks and historical districts. Staff Contact - City Planner. Liquor License Review Board: Four-year term. Meetings held as needed and called by the Chief Review Officer. Purpose is to hear and rule on appeals to a Liquor License Suspension or Revocation. Parks & Recreation Advisory Board: Four-year term. Meetings held second Monday at 5:30 p.m. in City Council Chambers. Purposes is to develop and promote new and existing park and recreational facilities Staff contact - Parks & Recreation Director. Planning & Zoning Commission: Four-year term. Meetings held second Wednesday at 5:30 p.m. in the City Council Chambers. Commission reviews and recommends actions on zoning changes and land subdivision, and variances from the Development Code. Staff contact - City Planner. Public Library Board: Three-year term. Meetings held fourth Thursday at 7:00 a.m. at the Public Library. Staff contact - Library Director. River Campus Board of Managers: Three-year term. Meetings held monthly. Members appointed by the City Council and the Semo University Board of Regents. Board supervises use of River Campus facilities. Show Me Center Board of Managers: Three-year term. Meetings held first Wednesday, every other month. Members appointed by the City Council and the Semo University Board of Regents. Board supervises use of Show Me Center facilities. Special Business District Advisory Commission: Three-year term. Meetings called by Commission Chairman at least one time per year. City Manager or designee serves as ex -officio member. Commission administers Downtown Special Business District. Staff contact - City Planner. Tree Board: Three-year term. Administers plan for care of public trees in parks and on streets. Meetings held third Monday, bi-monthly beginning in February, at noon at the Osage Community Centre. Staff contact Parks & Recreation Director. Adopted 9/2/2025 25 Exhibit D AIRPORT ADVISORY BOARD 8/7/2025 NAME TERM # APPOINTED TERM EXPIRES Boeller, Keith 1 4/17/2023 4/30/2026 *Cleair, Beverly 2 4/17/2023 4/30/2026 1 6/15/2020 4/30/2023 Gadberry, Matthew P 7/11/2025 4/30/2028 Kopp, Nancy 1 4/15/2024 4/30/2027 *Loy,Bruce 1 4/15/2024 4/30/2027 Mehner, Mark 1 4/15/2024 4/30/2027 P 5/2/2022 4/30/2024 Russell, John 1 4/21/2024 4/30/2028 Ward, Kent P 4/21/2025 4/30/2028 P 10/7/2024 4/30/2025 Wasson, Shawn 1 4/17/2023 4/30/2026 P 9/20/2021 4/30/2023 P = Partial Term * Board member resides outside Cape Girardeau city limits. See residency information below. DESCRIPTION: The airport board may recommend rules and regulations governing the use and operation of the airport. The board may make recommendations to the city council with respect to any contract, agreement, or lease for the construction, purchase of land and/or equipment, or other capital improvement, or for the maintenance or operation of the airport. NUMBER OF MEMBERS: 9 MEETING TIME: Monthly, Second Tuesday at 11:30 a.m. at the Cape Girardeau Regional Airport Restaurant TERM LIMIT: 2 Full Term Limits (3 -Year Terms) RESIDENCY: Two members of the airport board may be residents of Cape Girardeau County, Scott County, Bollinger County, or Perry County. The remaining members must be residents of the city. STAFF LIAISON: JoJo Stuart, Airport Manager (Coordinator: Audrey Lorch) COUNCIL LIAISON: Mark Bliss Adopted 9/2/2025 26 BOARD OF ADJUSTMENT 8/7/2025 NAME TERM # APPOINTED TERM EXPIRES Dowdy, Larry 1 4/15/2024 3/6/2029 Hill, Gary 1 5/1/2023 3/6/2028 Robertson, Ron 1 3/15/2021 3/6/2026 ALT 10/5/2020 9/4/2025 Richard Knote 1 5/5/2025 3/6/2030 Larry Caldwell 1 5/5/2025 3/6/2027 Hart, Edward (ALT) ALT 8/17/2020 9/4/2025 ALT 11/2/2015 9/4/2020 ALT 9/20/2010 9/4/2015 ALT 8/15/2005 9/4/2010 ALT 1/22/2002 9/4/2005 Hinton, David (ALT) ALT 8/17/2020 9/4/2025 ALT 11/2/2015 9/4/2020 ALT 4/15/2013 9/4/2015 Jordan Drury (ALT) ALT 5/5/2025 9/4/2025 P = Partial Term DESCRIPTION: Hears and decides appeals from decisions of the building official in the enforcement of the zoning ordinance. Hears requests for variances from provisions of the zoning ordinance where strict enforcement would cause undue hardship due to circumstances unique to the individual under consideration. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under the zoning ordinance. The Board may impose conditions in the granting of variances to insure compliance and to protect adjacent property. NUMBER OF MEMBERS: 5 (3 alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members) MEETING TIME: Monthly, First Thursday at 5:30 pm in the Council Chambers TERM LIMIT: 2 Full Term Limits (5 -Year Terms) RESIDENCY: City of Cape Girardeau STAFF LIAISON: Ryan Shrimplin, City Planner (Coordinator: Carol Peters) COUNCIL LIAISON: Adopted 9/2/2025 27 BOARD OF APPEALS 8/7/2025 NAME FIELD TERM # APPOINTED TERM EXPIRES Blasiney, Robert Contractor/Electric 2 6/3/2024 6/4/2029 1 5/20/2019 6/4/2024 P 1/20/2015 6/4/2019 ALT 10/6/2014 6/4/2019 Cantrell, Melanie Structural engineer 3 10/17/2022 6/4/2027 2 6/5/2017 6/4/2022 1 6/4/2012 6/4/2017 P 12/15/2008 6/4/2012 Geringer, Derrick Contractor 1 6/21/2021 6/4/2026 Milde, Craig Architect 1 5/19/2025 6/30/2030 1 6/1/2020 6/4/2025 P 11/2/2015 6/4/2020 Nordstrum, Alayna structural engineer P 5/19/2025 9/4/2025 Sandin, Willie (Duane) electrical engineer 1 6/3/2024 6/4/2028 ALT 5/20/2019 6/4/2024 ALT 1/20/2015 6/4/2019 Strickland, Mark Mechanical 2 10/17/2022 6/4/2027 1 6/5/2017 6/4/2022 P 10/6/2014 6/4/2017 ALT 6/2/2014 6/2/2019 Kristen Uhrhan (ALT) Architect P 5/19/2025 6/4/2029 Bruce Baker (ALT) construction contractor P 5/19/2025 6/4/2028 P = Partial Term Adopted 9/2/2025 28 DESCRIPTION: Reviews ordinances and makes recommendations to the City Council. Reviews disputes in decisions of the Building Official. Board members required to have specialized knowledge in engineering, architecture or building trades in order to address all appeals dealing with building codes and minimum property standards. No more than two from each of the following professions: (1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years experience 5 of which shall have been in responsible charge of work; (2) Registered design professional with structural engineering or architectural experience; (3) Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with 10 years experience 5 of which shall have been in responsible charge of work; (4) Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years experience 5 of which shall have been in responsible charge of work; (5) Registered design professional with fire protection engineering experience; or a fire protection contractor with at least ten years experience 5 of which shall have been in responsible charge of work. NUMBER OF MEMBERS: 7 (plus 2 alternates) MEETING TIME: As Needed, Second Thursday of the Month at 7 pm in the Council Chambers TERM LIMIT: 2 Full Term Limits (5 -Year Terms) RESIDENCY: Members must be residents of the City of Cape Girardeau. However, if no qualified city residents apply, applicants residing within Cape Girardeau County will be considered. STAFF LIAISON: Doug Weisbrod, Building and Code Enforcement Manager COUNCIL LIAISON: Adopted 9/2/2025 29 CONVENTION & VISITORS BUREAU ADVISORY BOARD 8/7/2025 NAME FIELD TERM # APPOINTED TERM EXPIRES Echimovich, John Mid-America Hotels 1 6/17/2024 6/30/2027 Gilligan, Rob Chamber of Commerce 1 6/17/2024 6/30/2027 Haynes, Liz Old Town Cape 1 6/17/2024 6/30/2027 Kluge, Randy Drury Southwest P 6/17/2024 6/30/2026 Noto, Dr. Quantella SEMO P 6/17/2024 6/30/2026 Patel, Anissa Local Restaurants P 6/17/2024 6/30/2026 Randolph, Lyle Century Casino 1 6/18/2025 6/30/2028 P 6/17/2024 6/30/2025 Ritter Jr., Carl NSSC Volleyball P 6/18/2025 6/30/2028 P 6/17/2024 6/30/2025 Saverino, Nate SEMO P 6/18/2025 6/30/2028 P 6/17/2024 6/30/2025 DeWayne Schaaf Local Restaurants 1 7/17/2025 6/30/2028 P = Partial Term DESCRIPTION: Act in an advisory capacity to the Convention and Visitors Bureau, including providing recommendations on the methods of promoting tourism, conventions, meetings and other activities and events. Recommend a long-term strategic plan for operations of the Convention and Visitors Bureau, including use of the Marketing Investment Fund. Provide recommendations to the Convention and Visitors Bureau on goals, plans, policies and proposed projects for the convention and visitors bureau. Shall consist of nine (9) members comprised of the following: two (2) members shall be owners or operators of hotels or motels within the city limits, one (1) member shall be from the Cape Girardeau Area Chamber of Commerce, one (1) member shall be from Old Town Cape, one (1) member shall be an owner or operator of a restaurant within the city limits, and four (4) members shall have demonstrated by past activities an interest in the entertainment, hospitality, convention or tourism business. NUMBER OF MEMBERS: 9 MEETING TIME: Bi -Monthly (odd months), First Monday at noon at the Osage Centre TERM LIMIT: 2 Full Term Limits (3 -Year Terms) RESIDENCY: The City Council may, by initial appointment, waive the residency requirement in Article V, Section 2-124, for members appointed on June 17, 2024, until completion of two consecutive full terms on the board. STAFF LIAISON: Doug Gannon, Parks Director (Coordinator: Dana (Emily) Beck) COUNCIL LIAISON: Adopted 9/2/2025 30 GOLF COURSE ADVISORY BOARD 8/7/2025 NAME TERM # APPOINTED TERM EXPIRES Jarod Handley (Jaycees) P 5/5/2025 9/4/2026 Esicar, Janet 2 11/4/2024 11/12/2027 1 11/1/2021 11/12/2024 P 3/1/2021 11/12/2021 Gannon, Cindy 2 3/6/2023 1/18/2026 1 1/21/2020 1/18/2023 P 9/3/2019 1/18/2020 Jones, Kristen P 9/3/2024 11/12/2025 Kelley, Timothy P 3/18/2025 1/18/2026 Kneer, Claire 2 11/20/2023 11/12/2026 1 11/2/2020 11/12/2023 Parham, Josh 2 11/4/2024 11/12/2027 1 11/1/2021 11/12/2024 P 3/1/2021 11/12/2021 Pingel, Dale 1 11/7/2022 11/12/2025 Pippins, Lindsey 1 9/5/2023 9/4/2026 P = Partial Term DESCRIPTION: Recommends policy regarding capital improvements and programming to staff. One member shall be a member of Cape Jaycees and designated by that organization as its representative. NUMBER OF MEMBERS: 9 MEETING TIME: Bi -Monthly (even months), Fourth Thursday at noon at the Osage Centre TERM LIMIT: 3 Full Term Limits (3 -Year Terms) RESIDENCY: City of Cape Girardeau STAFF LIAISON: Doug Gannon, Parks Director (Coordinator: Natalia Beasley) COUNCIL LIAISON: Adopted 9/2/2025 31 HISTORIC PRESERVATION COMMISSION 8/7/2025 NAME TERM # APPOINTED TERM EXPIRES Atkins, Carl David 1 4/3/2023 4/16/2026 Balsmann, Brian 1 4/1/2024 4/16/2027 P 11/7/2022 4/16/2024 Glaser, Kirstin 1 4/1/2024 4/16/2027 P 9/6/2022 4/16/2024 Kinsley, Felix (honorary) n/a 6/6/2005 N/A Lane,Ryan 2 4/7/2025 4/16/2028 1 4/4/2022 4/16/2025 P 12/7/2020 4/16/2022 Lincoln, Denise 1 4/7/2025 4/16/2028 P 4/3/2023 4/16/2025 M odrow,Aaron 1 6/5/2023 4/16/2026 Sides, Phyllis 2 4/1/2024 4/16/2027 1 4/5/2021 4/16/2024 P 4/20/2020 4/16/2021 Smith, Mary Kay 1 4/3/2023 4/16/2026 P 2/21/2023 4/16/2023 Tyson, M eghan 1 4/7/2025 4/16/2028 P 8/7/2023 4/16/2025 P = Partial Term DESCRIPTION: Administers the City's Historic Preservation program and advises the Planning and Zoning Commission and City Council on matters relating to Historic Preservation. Accepts and reviews applications for designation of local historic landmarks and historic districts. Recommends designation to Planning and Zoning Commission and City Council. Accepts and reviews applications for nomination to the National Register of Historic Places. Plans for Historic Preservation in the community. Educates community on historic preservation. Commission members should have a demonstrated interest in historic preservation. To the extent available, the commission shall include professional members representing such disciplines as architecture, law, real estate, history and or any other field related to historic preservation. NUMBER OF MEMBERS: 9 MEETING TIME: Monthly, Third Wednesday at 5:30 p.m. in the Council Chambers TERM LIMIT: 2 Full Term Limits (3 -Year Terms) RESIDENCY: City of Cape Girardeau Adopted 9/2/2025 32 STAFF LIAISON: Ryan Shrimplin, City Planner (Coordinator: Carol Peters) COUNCIL LIAISON: Adopted 9/2/2025 33 LIQUOR LICENSE REVIEW BOARD 8/7/2025 NAME TERM # APPOINTED TERM EXPIRES Cooper, Brandon (CRO) 2 11/21/2022 12/1/2025 1 12/16/2019 12/1/2022 P 8/7/2017 7/1/2020 Fehr, Richard 2 12/4/2023 12/1/2026 1 11/16/2020 12/1/2023 Newman, James 2 11/18/2024 12/1/2027 1 11/15/2021 12/1/2024 P 12/16/2019 12/1/2021 Griffin, Christen (ALT) ALT 12/4/2023 12/1/2026 P = Partial Term DESCRIPTION: Hear appeals from denial of liquor license application. Hear appeals from suspension or revocation of liquor license. Hear appeals from objecting neighbor of a liquor license application. NUMBER OF MEMBERS: 3 (plus 1 alternate) MEETING TIME: Meetings as Needed TERM LIMIT: 2 Full Term Limits (3 -Year Terms) RESIDENCY: City of Cape Girardeau STAFF LIAISON: Gayle Conrad, City Clerk COUNCIL LIAISON: Adopted 9/2/2025 34 PARKS AND RECREATION ADVISORY BOARD 8/7/2025 NAME TERM # APPOINTED TERM EXPIRES Bruenderman, Darrin 2 11/18/2024 10/29/2027 1 1/24/2022 10/29/2024 Buck, Tamara Zellars 1 11/7/2022 10/29/2025 Dement, Jerry 1 10/16/2023 10/29/2026 Drummond, Thomas P 5/20/2024 10/29/2025 Evans, Dr. Beverly 2 10/16/2023 10/29/2026 1 10/19/2020 10/29/2023 P 5/21/2018 10/29/2020 Hill, Lewis Jackson 2 11/18/2024 10/29/2027 (Tree Board Liaison) 1 10/18/2021 10/29/2024 Huston, Percy 1 11/7/2022 10/29/2025 P 7/18/2022 10/29/2022 Maloney, Mary -Ann 1 10/16/2023 10/29/2026 Moore, Mark 1 11/18/2024 10/29/2027 Moore, Philip 1 11/18/2024 10/29/2027 P 9/19/2022 10/29/2024 Spear, John P 8/19/2024 10/29/2025 P = Partial Term DESCRIPTION: The park and recreation advisory board shall act in an advisory capacity to the city council to review, promote and expedite development of existing and new public park and recreational facilities and activities NUMBER OF MEMBERS: 11 MEETING TIME: Monthly, Second Monday at 5:30 p.m. at the Osage Centre TERM LIMIT: 2 Full Term Limits (3 -Year Terms) RESIDENCY: City of Cape Girardeau STAFF LIAISON: Doug Gannon, Parks Director (Coordinator: Moriah Lincoln) COUNCIL LIAISON: David Cantrell Adopted 9/2/2025 35 PLANNING & ZONING COMMISSION 8/7/2025 NAME TERM # APPOINTED TERM EXPIRES Bertrand, Trae 1 11/6/2023 11/1/2027 Blank, Scott 2 10/21/2024 11/1/2028 1 11/2/2020 11/1/2024 Greaser, Kevin 2 10/18/2021 11/1/2025 P 11/2/2020 11/1/2021 1 10/17/2016 11/1/2020 P 9/19/2016 11/1/2016 Guard, Robbie 1 10/21/2024 11/1/2028 P 4/15/2024 11/1/2024 Jackson, Derek 2 10/17/2022 11/1/2026 1 11/19/2018 11/1/2022 Jones, Gerald P 8/21/2023 11/1/2025 Martin, Chris 1 10/17/2022 11/1/2026 Martin, Nick 1 11/6/2023 11/1/2027 P 3/15/2021 11/1/2023 McElreath, Emily P 10/21/2024 11/1/2026 P = Partial Term DESCRIPTION: Prepares and maintains the comprehensive plan for development of the community, including the city's major street plan. Hears requests for zoning changes and special use permits and recommends actions to the City Council. Reviews preliminary and record subdivision plats and recommends action on these to the City Council. Hears request for exceptions from the provisions of the development code ordinance where strict enforcement would cause undue hardship due to circumstances unique to the individual property under consideration. Recommends changes in the City's zoning ordinances to the City Council. NUMBER OF MEMBERS: 9 MEETING TIME: Monthly, Second Wednesday at 5:30 p.m. in Council Chambers TERM LIMIT: 2 Full Term Limits (4 -Year Terms) RESIDENCY: City of Cape Girardeau STAFF LIAISON: Ryan Shrimplin, City Planner (Coordinator: Carol Peters) COUNCIL LIAISON: Adopted 9/2/2025 36 SPECIAL BUSINESS DISTRICT ADVISORY COMMISSION 8/7/2025 NAME TERM # APPOINTED TERM EXPIRES Buelow, Emily 1 6/20/2023 6/30/2026 P 8/1/2022 6/30/2023 Cain, Dennis "Doc" 1 6/20/2023 6/30/2026 P 4/19/2021 6/30/2023 Hutson, David 5 6/18/2025 6/30/2028 4 6/20/2022 6/30/2025 3 4/19/2021 6/30/2022 2 7/7/2014 6/30/2017 1 6/20/2011 6/30/2014 P 6/16/2008 6/30/2011 P 7/23/2007 6/30/2008 Maevers, Jim 1 6/20/2023 6/30/2026 P 4/19/2021 6/30/2023 Zickfield, Kent 10 6/18/2025 6/30/2028 9 6/20/222 6/30/2025 8 4/19/2021 6/30/2022 7 7/7/2014 6/30/2017 6 7/18/2011 6/30/2014 5 6/16/2008 6/30/2011 4 6/20/2005 6/30/2008 3 6/17/2002 6/30/2005 2 6/21/1999 x 1 1/1/1987 x P = Partial Term DESCRIPTION: Develops plans for the improvement of Special Business District #2 (the downtown Main St. area), in conjunction with the downtown redevelopment corporation. They then administer implementation of the plan again in conjunction with the Downtown Redevelopment Corporation with property tax revenues generated within the district. Recommends changes in the plan for the improvement of Special Business District #2. NUMBER OF MEMBERS: 5 MEETING TIME: Required to meet one time per year TERM LIMIT: 2 Full Term Limits (3 -Year Terms) RESIDENCY: City of Cape Girardeau STAFF LIAISON: Trevor Pulley, Assistant City Manager COUNCIL LIAISON: Adopted 9/2/2025 37 TREE BOARD 8/7/2025 NAME TERM # APPOINTED TERM EXPIRES Behnken, Jennifer 3 1/22/2024 2/1/2027 2 2/1/2021 2/1/2024 1 1/22/2018 2/1/2021 P 7/5/2016 2/1/2018 Harris, Robert 3 2/18/2025 2/1/2028 2 4/4/2022 2/1/2025 1 1/22/2019 2/1/2022 P 8/21/2017 2/1/2019 Hill, Lewis Jackson 1 10/18/2021 (P&R Term Expires (Parks & Rec AB Appointee) 10/29/2027) Notch, Jonathan 1 2/18/2025 2/1/2028 P 11/4/2024 2/1/2025 Wilson, Angela 1 1/22/2024 2/1/2027 P = Partial Term DESCRIPTION: Develops, administers, and updates a written plan for the care, preservation, pruning, planting, replanting, removal, or disposition of Public Trees in parks, along streets, and in other public areas. Presents the written plan annually to the City Council and upon their acceptance and approval shall constitute the official comprehensive city tree plan for the City of Cape Girardeau. Investigates and recommends action on special matters within the scope of its work when requested by the City Council. NUMBER OF MEMBERS: 9 MEETING TIME: Bi -Monthly (even months), Third Monday at noon at the Osage Centre TERM LIMIT: 2 Full Term Limits (3 -Year Terms) RESIDENCY: City of Cape Girardeau STAFF LIAISON: Doug Gannon, Parks Director (Coordinator: Kayla Otte) COUNCIL LIAISON: Adopted 9/2/2025 38 Public Library Board of Trustees 8/7/2025 NAME TERM # APPOINTED TERM EXPIRES Criblez, Adam 1 6/20/2023 6/30/2026 Gasser, Alix P 6/17/2024 6/30/2026 Heslinga, Amanda 1 6/16/2025 6/30/2028 Hill, Jessica 1 6/17/2024 6/30/2027 P 1/10/2022 Hill, Lauren Clark 1 6/16/2025 6/30/2028 P 9/5/2023 6/30/2025 Matukewicz, Lenna 1 6/17/2024 6/30/2027 P 6/15/2025 Raines, Taylor 1 6/16/2025 6/30/2028 Redinger, Eric 3 6/17/2024 6/30/2027 2 6/21/2021 6/30/2024 1 6/18/2018 6/30/2021 Wolz, Kathy 1 6/20/2023 6/30/2026 DESCRIPTION: Policy making board and governing body of the Cape Girardeau Public Library. Council member may serve as liaison. TYPE OF BOARD: Administrative MEETING TIME: Meetings held fourth Thursday at 7:00 a.m. at the Cape Girardeau Public Library TERM LIMIT: 3 Full Term Limits (3 -Year Terms) Members can only serve three consecutive terms (Mo State Statute) and shall not be eligible for further appointment to the board until two (2) years after the expiration of the third term. STAFF LIAISON: Katie Earnhart, Library Director Adopted 9/2/2025 39 Southeast Metropolitan Planning Organization 8/7/2025 NAME APPOINTED TERM EXPIRES City of Cape Haskin, Kenneth (City Mgr, alt. Asst CM-Dev) 6/30/2023 +Ongoing unless reassigned 4/2/2013 City of Cape Kinder, Stacy (Mayor, alt. Mayor Pro -Tem) 6/30/2023 +Ongoing unless reassigned 4/2/2013 City of Jackson Hahs, Dwain (Mayor, alt. Mayor Pro -Tem) 6/30/2023 +Ongoing unless reassigned 4/2/2013 City of Jackson Roach, Jim (City Mgr) 6/30/2023 +Ongoing unless reassigned 4/2/2013 SEMO Regional Planning Tanz, Jeremy (Director) 6/30/2023 +Ongoing unless reassigned 4/2/2013 Cape Girardeau Co 6/30/2024 Herbst, Charlie (**Commissioner) 6/30/2023 7/1/2022 County Transit Authority 6/30/2024 Smith, Ginny (*Executive Director) 6/30/2023 7/1/2022 DESCRIPTION: Both Jackson and City of Cape have two voting members each fiscal year who are reappointed annually. Members serve two year terms. *Transit representative will be alternately appointed by Semo University and Cape Transit Authority every two years (Cape Transit Authority tenure effective July 2022 - June 2024). **Cape County representative will be alternately appointed by County Commission and Cape Special Road District every two years (Cape Girardeau County tenure effective July 2022 - June 2024) . Each elected representative or board representative shall name one elected or appointed official as an alternate who may exercise full members powers during their absence. The alternate's term shall also correspond with the primary representative's term. + The entity will always have a voting representative unless the Bylaws are changed. TERM LIMIT: Adopted 9/2/2025 40 TIF (Tax Increment Financing) Commission 8/7/2025 NAME other districts APPOINTED TERM EXPIRES Gilligan, Rob city 4/3/2023 4/1/2026 Haynes, Liz city 5/20/2024 4/1/2028 Henry, Adrienne city 4/4/2022 4/1/2026 4/2/2018 4/1/2022 8/3/2015 4/1/2018 Knudtson, Jay city 4/15/2024 4/1/2028 4/20/2020 4/1/2024 4/4/2016 4/1/2020 Welker, Matt school district 4/2/2012 4/1/2016 Kevin Greaser city 5/6/2025 4/1/2029 Ryan Essex city 5/6/2025 4/1/2029 Earnhart, Katie other districts Apr. 2023 to end of project Glass, Neil school district Apr. 2023 to end of project Nov. 2018 Herbst, Charles county Apr. 2023 to end of project Apr. 2020 July 2015 Hudson, Roger county Apr. 2023 to end of project Apr. 2020 July 2015 Welker, Matt school district Apr. 2023 to end of project Apr. 2020 DESCRIPTION: Appointed by Mayor with consent of City Council. Two members appointed by school district, one member appointed by other taxing districts, two members appointed by County, term ending upon final approval of the redevelopment project. RSMo. 99.820. MEETING TIME: Meetings called by Chairman as needed TERM LIMIT: 4 -Year Terms STAFF LIAISON: Trevor Pulley, Assistant City Manager Adopted 9/2/2025 41 CITY of CAPE GIRARDEAU ORGANIZATIONAL CHART - AUGUST 2025 MUNICIPAL COURT LIBRARY BOARD TERESA BRIGHT PEARSON LIBRARY KATIE HILL EARNHART ASSISTANT CITY MANAGER TREVOR PULLEY PUBLIC WORKS DEPARTMENT CASEY BRUNKE STREET FLEET MANAGEMENT STORMWATER MAINTENANCE LEVEE SYSTEM WASTEWATER BIOSOLIDS RESIDENTIAL SOLID WASTE RECYCLING TRANSFER STATION WATER PUBLIC AFFAIRS OFFICE NICOLETTE BRENNAN PUBLIC 8 MEDIA RELATIONS GUN VIOLENCE TASK FORCE CITIZEN ACADEMY opt HUMAN RESOURCES OFFICE GINA SNYDER PAYROLL/PERSONNE RISK MANAGEMENT FINANCE OFFICE LISA MILLS ACCOUNTING SEMPO 8 GRANTS COORD. INFORMATION TECHNOLOGY COMMUNITY DEVELOPMENT DEPARTMENT TREVOR PULLEY PLANNING SERVICES ENGINEERING SERVICES INSPECTION SERVICES LICENSING Exhibit E CAPE GIRARDEAU CITIZENS CITY COUNCIL MAYOR STACY KINDER WARD 1: DAN PRESSON WARD 4: DAVE CANTRELL WARD 2: TAMEKA RANDLE WARD 5: BRYAN JOHNSON WARD 3: NATE THOMAS WARD 6: MARK BLISS CITY MANAGER DR. KENNETH HASKIN ADVISORY BOARDS AND COMMISSIONS AIRPORT ADVISORY BOARD BOARD OF ADJUSTMENT BOARD OF APPEALS CONVENTION 8 VISITORS BUREAU ADVISORY BOARD GOLF COURSE ADVISORY BOARD HISTORIC PRESERVATION COMMISSION PARKS 8 RECREATION ADVISORY BOARD LIQUOR LICENSE REVIEW BOARD PLANNING 8 ZONING COMMISSION RIVER CAMPUS BOARD OF MANAGERS SEMO REDI SHOW ME CENTER BOARD OF MANAGERS SPECIAL BUSINESS DISTRICT ADVISORY COMMISSION TAX INCREMENT FINANCING COMMISSION PARKS 6 RECREATION POLICE FIRE DEPARTMENT DEPARTMENT DEPARTMENT DOUG GANNON ADAM GLUECK RANDY MORRIS COMMUNITY CENTERS PATROL FIRE 8 RESCUE AQUATICS DETECTIVE EMERGENCY MEDICAL CEMETERY DIVISION TRAFFIC MARSHAL/ INSPECTION MAINTENANCE SCHOOLS/COMMUNITY EMERGENCY MANAGEMENT JAYCEE MUNICIPAL NUISANCE ABATEMENT CERT - COMMUNITY TEAM GOLFCOURSE JAIL PARKS DIVISION TRAINING, TECHNOLOGY & FLYCGI RECREATION DIVISION COMMUNITY AFFAIRS PIO REGIONAL AIRPORT SHAWNEE RECORDS JOJO STUART SPORTS COMPLEX SPORTSPLEX COMMUNICATIONS/911 ESSENTIAL AIR SERVICE FIXED BASE CONVENTION 8 LEGAL OPERATIONS [FBO1 VISITORS BUREAU OFFICE BRENDA NEWBURN GREG YOUNG CITIZEN SERVICES VISITORS CENTER CITY ATTORNEY DEPARTMENT GAYLECONRAD MARKETING 8 CITY PROSECUTOR EVENTS CITY CLERK UTILITY BILLING 42 m X S iT m Exhibit F CITY Of CAPE GIRARDEAU Financial Management Policy Executive Summary This Financial Management Policy ("Policy") provides a comprehensive framework for responsibly managing the City's financial resources. It outlines guiding principles, procedures, and roles to ensure fiscal stability, transparency, and accountability. This Policy promotes balanced budgeting, prudent management of revenue and expenditures, disciplined debt practices, strategic capital planning, and strong internal controls. The objectives are to: Ensure long-term financial sustainability. • Promote transparent and accountable operations. • Implement uniform financial procedures throughout all departments. • Protect city assets and maximize their use. • Provide precise and prompt information to decision -makers and the public. By following this Policy, the City of Cape Girardeau enhances its ability to provide quality services, adapt to changing economic conditions, and meet the needs of residents and businesses now and in the future. 1. Purpose This Policy aims to create a framework for responsible fiscal practices and managing public resources for the City of Cape Girardeau, Missouri. It promotes transparency, consistency, and accountability in handling the City's financial resources. The Finance Department, in partnership with the City Manager's Office, will uphold these fiscal policies through careful and consistent monitoring of expenditures and revenue sources. To continue delivering high-quality municipal services to residents and businesses—and to maintain financial stability—the following financial policies will guide fiscal decision-making, including the development of the City's annual budget. These statements reflect the principles and priorities used in budget preparation. 11Page Adopted 9/2/2025 43 CITY of CAPE GIRARDEAU 2. Objectives • Ensure lasting financial stability and sustainability. • Encourage transparency and accountability in financial practices. • Establish principles for budgeting, accounting, reporting, and asset management. • Maintain strong internal controls and risk management practices. 3. Scope This Policy applies to all departments, offices, and employees responsible for planning, approving, managing, and overseeing the City's financial resources. 4. Guiding Principles 4.1 Balanced Budgeting • The City shall adopt an annual balanced budget, a financial plan in which appropriations do not exceed available resources, that is conservative and priority based. • Ongoing revenues will fund ongoing operations and cost recovery is a priority. • Use of one-time revenues for recurring expenses is discouraged. • The budget will adjust spending levels to meet goals and objectives by planning projects and programs that are sustainable and aligned with revenue. • Actual revenue and expenditures shall be monitored against budget estimates and appropriations. Budget Process: • The City Manager submits to the Council a budget for the fiscal year on or before 45 days prior to the beginning of the fiscal year. • The budget provides a complete financial plan of all city funds. • Prior to budget planning, the Finance Director shall establish a Budget Calendar for City Staff. • City department heads will set goals and priorities based on available financial resources. • The budget will be developed following sound financial management principles and government accounting standards. • The Council will approve budget appropriations at the fund level; City department heads are responsible for managing within those appropriations. • The Finance Director shall, at least annually, review the Capital Improvement Plan (CIP) with City department heads. 2 1 P a g e Adopted 9/2/2025 44 CITY of CAPE GIRARDEAU Budget Transfers and Adjustments: • The City budget is a financial plan by which various City departments deliver services to the citizens of the City and provide infrastructure for City development. When adjustments to the budget are required, established procedures and approvals will be followed. 4.2 Revenue Management • Annual revenues will be conservatively estimated using an objective, analytical method, grounded in historical trends, economic indicators, and expected changes. • Revenue diversification will be pursued to lower financial risk. • One-time revenues shall primarily be allocated for capital improvements or reserves. • The City shall attempt to refrain from balancing the budget by delaying essential expenses or depending on uncertain future revenues. • The City shall establish all user charges and fees at a level related to the cost and benefit of providing the service(s) and in accordance with the City Charter and the laws of the State of Missouri. 4.3 Expenditure Control • City department heads are responsible for managing within approved budgets in consultation with the Finance Director and the City Manager. • Major expenditures shall be prioritized through a structured, financially practical decision- making process. • Capital investments shall prioritize maintaining and upgrading City facilities and equipment. • City Staff, at the direction of the City Manager, shall attempt to seek out external funding sources, including grants, to fund expenditures as appropriate. • Budget adjustments following the adoption of the budget require approval of the Council. 4.4 Capital Planning • Capital planning will align with the City's strategic priorities. • The Capital Improvement Program ("CIP") will estimate requirements for a 5-10 year period and rank projects according to community needs, available funding, and expected return on investment. • Infrastructure and equipment will be kept in reasonable condition through proactive replacement plans. • Annual assessments will determine adjustments to the CIP. 3 1 P a g e Adopted 9/2/2025 45 CITY of CAPE GIRARDEAU 4.5 Accounting and Financial Reporting The City's accounting and reporting systems will adhere to Generally Accepted Accounting Principles, Governmental Accounting Standards, and best practices recommended by the Government Finance Officers Association. A Certified Public Accountant will prepare an Annual Financial Report within six months after the fiscal year-end, following the annual audit. 4.6 Procurement and Contracting • The City Manager shall develop and maintain a Purchasing Policy, which shall ensure fiscal responsibility and competitive value. • All City procurement and purchases by City Staff must comply with the City's Purchasing Policy. • City department heads are accountable for cost-efficient procurement and compliance with allocated limits. • Goals include: o Coordinating purchasing activities across City departments. o Ensuring transparency and equal opportunity for vendors. o Getting the most value for public funds. o Ensuring the prompt delivery of essential goods and services. Purchases or contracts for less than $5,000 may be obtained in the most expedient way possible with due regard for competitive prices and quality. This does not preclude obtaining quotes for purchases. Purchases or contracts $5,000 - $24,999 require a minimum of three quotes which may be by email, website, regular mail, telephone, fax, or other electronic means, unless approved by the Finance Director due to market availability. A consolidated quotation sheet shall be prepared and maintained in the requesting department for public review. Purchases or contracts $25,000 - $250,000 require a minimum of three written quotes, unless approved by the Finance Director due to market availability. A consolidated quotation sheet shall be prepared and maintained in the originating department for public review. A written quote is minimally defined as a written statement detailing goods or services that will be provided to the City at a particular price. Any purchase exceeding $25,000 will require approval from both the Department Director and the Finance Director. Purchases or contracts exceeding $250,000 require a competitive bid process or request for proposals to be solicited. Purchases or contracts exceeding $250,000 require Council approval. Competitive bidding for professional services can be waived by the City Manager for certain professions, such as accountants, architects, attorneys, and engineers, or under specific conditions pursuant to Missouri law. 4 1 P a g e Adopted 9/2/2025 46 CITY of CAPE GIRARDEAU In case of an apparent emergency that requires immediate purchase of supplies or contractual service, the City Manager may suspend these purchasing rules as deemed necessary and prudent. 4.7 Asset and Inventory Management • City departments are responsible for the custody, maintenance, and protection of City assets within their respective departments. • The Finance Department must be informed of all asset modifications. • Assets shall be protected to extend their service life. 4.8 Grants and Special Funds • At the direction of the City Manager, grants shall be sought for projects aligned with departmental and City goals. • Applications will be assessed for financial impact and adherence to grant conditions. • The Finance Director shall develop and maintain a Grant Application and Administration Policy. • Council approval is required before a grant award is accepted. 5. Roles and Responsibilities • Council: Approves the budget, financial policies, and significant financial decisions. • City Manager: Formulates financial policies and manages city operations. The City Manager shall have the authority to grant salary adjustments and to reclassify positions to other pay grades. • Finance Director: Oversees budgeting, accounting, reporting, and compliance. • Department Heads: Manage their City departmental budgets within Council approved limits. 6. Compliance and Review This policy will be reviewed and the City Manager is authorized to make changes and amendments as deemed advisable to carry out and perform the purpose of this Policy and as deemed necessary to reflect changes in laws, regulations, or best practices. All City staff must adhere to the provisions of this Policy. 5 1 P a g e Adopted 9/2/2025 47 Exhibit G CITY Of CAPE GIRARDEAU OFFICE OF THE MAYOR & CITY C O U N C I L Casino Funding Policy Adopted 5/15/2023 Resolution No. 3555 44 N. Lorimier St. Cape Girardeau, MO 63701 573-339-6320 Tel 573-339-6302 Fax Adopted 9/2/2025 cityofcape.org/mayor cityofcape.org/citycouncil 48 City of Cape Girardeau, Missouri Casino Funding Policy Purpose: The purpose of this policy is to define the use of the casino revenue received by the City. This policy modifies and replaces the Casino funding Policy adopted by the City Council on October 1, 2012, which the city utilizes for the expenditures of casino revenue. Transparency and Accountability: As with any fiduciary responsibility of the City, the importance of transparency and accountability is vital to the confidence of the citizens in the use of these funds. The Casino Fund is established as a special revenue fund and is reported on to the City Council. As with all special revenue funds, staff will estimate revenues available for each upcoming year and will track revenues and expenditures to stay within that budget. All revenues do not have to be spent within each fiscal year and can be carried over for the next year's budgeting process. Fund balances can be accrued to pay for specific larger projects, but shall not be used for continuing operational expenses. The Casino Fund shall be split into three funding categories: • Casino Obligation • Legacy/Endowment • Capital Improvement, Innovation, Priorities Separate accounts shall be maintained for each category. Unspent revenues in each category will be carried forward as available revenues for in the following year. Process: The planning for expenditure of the casino funds shall be through the normal CIP and Operating Budget process. Input for the use of Casino revenues will thus betaken during the normal hearings for these processes and those priorities measured against other priorities in the City. Casino Funding Policy 1 Adopted 9/2/2025 49 Funding Categories: Casino Obligation - "as promised" 10-15% Regional Economic Development 3% (Adjacent Community Fund) Riverfront 8% approx. 70% of total revenues to be used for capital improvements in the downtown area Legacy/Endowment The balance of this funding category as of the date of the adoption of this funding modification is to remain as an endowment. Capital Improvement, Innovation, Priorities 90-85% • Revenues to be used for projects selected by the City Council from the City's CIP budget; will include the funding for design and construction. • Revenues to be used to support one-time costs for innovation purchases that will save operating budget into the future. • Revenues to be used for one-time departmental priorities and other City priorities as determined by Council. Casino Funding Policy 2 Adopted 9/2/2025 50 Funding Category Descriptions: • Casino Obligation: o Regional Economic Development: (adjacent Community): This is money off the top, three percent that would be used for regional projects that would benefit surrounding communities. The City Council would decide on the projects that could be submitted by the surrounding communities or organizations. It is not required that the full amount be spent each year, but if not, it will be carried over in anticipation of a larger or more desirable project. o Riverfront Fund: This fund will account for revenues allocated to the Riverfront category. Available revenues are comprised of the extra revenues given to the City by the casino and the matching funds provided to the fund out of the City's Casino Fund. This fund is restricted to projects and operations in the downtown river front area, essentially in the Old Town Cape area, or as may be designated by the City. The fund is restricted in that no more than 30 percent of the funds each year can be spent for operations in the downtown area, i.e. Old Town Cape operations. • Legacy/Endowment: Revenues that have been allocated to this category will be invested to gain the most interest to accumulate balances to be used in future years when the City could use the interest. Additional principal funding from the casino revenue is suspended until further funding is determined by Council. After sufficient principal is reached the City Council may appropriate expenditures from the earned interest. • Capital Improvement, Innovation, Priorities: Revenues allocated to this category would be used for projects in the City's Capital Improvements Program (CIP). The City would use the existing CIP process to prioritize and identify which projects are funded. In addition, these funds will be available for innovative initiatives that shall be evaluated on a cost -benefit rational by staff and recommended to the City Council for approval. These revenues will also be used for departmental priorities for one-time expenditures as identified through the budgeting process. Casino Funding Policy 3 Adopted 9/2/2025 51 BILL NO. 24-84 RESOLUTION NO. 340070 A RESOLUTION AMENDING AND ADOPTING THE CITY'S POLICY TO CONFORM WITH THE MISSOURI OPEN MEETINGS AND RECORDS LAW BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: WHEREAS, the Missouri General Assembly enacted the Missouri Open Meetings and Records Law, WHEREAS, Section 610.028(2) of the Open Meetings and Records law requires each political subdivision to provide a reasonable written policy in compliance with Sections 610.010 to 610.030 RSMo., NOW THEREFORE, BE IT RESOLVED THAT the city Council of the City of Cape Girardeau, Missouri, hereby supersedes Resolution No. 2908 and adopts the following policy to apply to all governmental bodies and committees of this municipality. ARTICLE 1. All meetings, records and votes are open to the public, except the governmental body may close any meeting, record or vote relating to the following: 1. Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys. However, any minutes, vote or settlement agreement relating to legal actions, causes of action or litigation involving a public governmental body or any agent or entity representing its interest or acting on its behalf or with its authority, including any insurance company acting on behalf of a public government body as its insured, shall be made public upon final disposition of the matter voted upon or upon the signing by the parties of the settlement agreement, unless, prior to final disposition, the settlement agreement is ordered closed by a court after a written finding that the adverse impact to a plaintiff or plaintiffs to the action clearly outweighs the public policy considerations of section 610.011, however, the amount of an moneys paid by, or on behalf of, the public governmental body shall be disclosed; provided, however, in matters involving the exercise of the power of eminent domain, the vote shall be announced or become public immediately following the action on the motion to authorize 1 Adopted 9/2/2025 52 institution of such a legal action. Legal work product shall be considered a closed record. 2. Lease, purchase or sale of real estate by a public governmental body where public knowledge of the transaction might adversely affect the legal consideration therefor. However, any minutes, vote or public record approving a contract relating to the lease, purchase or sale of real estate by a public governmental body shall be made public upon execution of the lease, purchase or sale of the real estate. 3. Hiring, firing, disciplining or promoting of particular employees of a public governmental body when personal information about the employee is discussed or recorded. However, any vote on a final decision, when taken by a public governmental body, to hire, fire, promote or discipline an employee of a public governmental body shall be made available with a record of how each member voted within seventy-two hours of the close of the meeting where such action occurs; provided, however, that any employee so affected shall be entitled to prompt notice of such decision during the seventy-two hour period before such decision is made available to the public. As used in this subdivision, the term "personal information" means- information relating to the performance or merit of individual employees. 4. Nonjudicial mental or physical health proceedings involving identifiable persons, including medical, psychiatric, psychological or alcoholism or drug dependency diagnosis or treatment. 5. Testing and examination materials, before the test or examination is given or if it is to be given again before so given again. 6. Welfare cases of identifiable individuals. 7. Preparation, including any discussions or work product, on behalf of a public governmental body or its representatives for negotiations with employee groups. 8. Software codes for electronic data processing and documentation thereof. 9. Specifications for competitive bidding, until either the specifications are officially approved by the public governmental body or the specifications are published for bid. I Adopted 9/2/2025 53 10. Sealed bids and related documents, until the bids are opened; and sealed proposals and related documents or any documents related to a negotiated contract until a contract is executed, or all proposals are rejected. 11. Individually identifiable personnel records, performance ratings or records pertaining to employees or applicants for employment, except that this exemption shall not apply to the names, positions, salaries and lengths of service of officers and employees of public agencies once they are employed as such. 12. Records that are protected from disclosure by law. 13. Meetings and public records relating to scientific and technological innovations in which the owner has a proprietary interest. 14. Records relating to municipal hotlines established for the reporting of abuse and wrongdoing. 15. Confidential or privileged communications between a public governmental body and its auditor, including all auditor work product; however, all final audit reports issued by the auditor are to be considered open records pursuant to State law. 16. Operational guidelines, policies and specific response plans developed, adopted, or maintained by any public agency responsible for law enforcement, public safety, first response, or public health for use in responding to or preventing any critical incident which is or appears to be terrorist in nature and which has the potential to endanger individual or public safety or health. Financial records related to the procurement of or expenditures relating to operational guidelines, policies or plans purchased with public funds shall be open. When seeking to close information pursuant to this exception, the public governmental body shall affirmatively state in writing that disclosure would impair the public governmental body's ability to protect the security or safety of persons or real property, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure of the records. 17. Existing or proposed security systems and structural plans of real property owned or leased by a public governmental body, and information that is voluntarily submitted by a non- public entity owning or operating an infrastructure to any public governmental body for use by that body to devise plans for 3 Adopted 9/2/2025 54 protection of that infrastructure, the public disclosure of which would threaten public safety. a) Records related to the procurement of or expenditures relating to security systems purchased with public funds shall be open. b) When seeking to close information pursuant to this exception, the public governmental body shall affirmatively state in writing that disclosure would impair the public governmental body's ability to protect the security or safety of persons or real property, and shall in the same writing state that the public interest in nondisclosure outweighs the public interest in disclosure of the records. c) Records that are voluntarily submitted by a nonpublic entity shall be reviewed by the receiving agency within ninety days of submission to determine if retention of the document is necessary in furtherance of a security interest. If retention is not necessary, the documents shall be returned to the nonpublic governmental body or destroyed. 18. The portion of a record that identifies security systems or access codes or authorization codes for security systems of real property. 19. Records that identify the configuration of components or the operation of a computer, computer system, computer network, or telecommunications network, and would allow unauthorized access to or unlawful disruption of a computer, computer system, computer network, or telecommunications network of a public governmental body. This exception shall not be used to limit or deny access to otherwise public records in a file, document, data file or database containing public records. Records related to the procurement of or expenditures relating to such computer, computer system, computer network, or telecommunications network, including the amount of moneys paid by, or on behalf of, a public governmental body for such computer, computer system, computer network, or telecommunications network shall be open. 20. Credit card numbers, personal identification numbers, digital certificates, physical and virtual keys, access codes or authorization codes that are used to protect the security of electronic transactions between a public governmental body and a person or entity doing business with a public governmental body. 0 Adopted 9/2/2025 55 Nothing in this section shall be deemed to close the record of a person or entity using a credit card held in the name of a public governmental body or any record of a transaction made by a person using a credit card or other method of payment for which reimbursement is made by a public governmental body. 21. Individually identifiable customer usage and billing records for customers of a municipally owned utility, unless the records are requested by the customer or authorized for release by the customer, except that a municipally owned utility shall make available to the public the customer's name, billing address, location of service, and dates of service provided for any commercial service account. ARTICLE 2. All records that may be closed hereby are deemed closed records unless the governmental body votes to make them public. Before closing a meeting to the public, a majority of a quorum of the governmental body must vote to do so in a public vote. The vote of each member of the governmental body on the question of closing the public meeting or vote and the reason for closing the meeting or vote by reference to a specific exception shall be announced at a public meeting and entered into the minutes. ARTICLE 3. Except as provided in ARTICLE 1 above, rules authorized pursuant to Article III of the Missouri Constitution and as otherwise provided by law, all votes shall be recorded, and if a roll call is taken, as to attribute each "yea" and "nay" vote, or abstinence if not voting, to the name of the individual member of the public governmental body. Any votes taken during a closed meeting shall be taken by roll call. All public meetings shall be open to the public and public votes and public records shall be open to the public for inspection and duplication. All votes taken by roll call in meetings of a public governmental body consisting of members who are all elected, except for any committee established by a public governmental body, shall be cast by members of the public governmental body who are physically present and in attendance at the meeting or who are participating via videoconferencing. When it is necessary to take votes by roll call in a meeting of the public governmental body, due to an emergency of the public body, with a quorum of the members of the public body physically present and in attendance and less than a quorum of the members of the public governmental body participating via telephone, facsimile, internet, or any other voice or electronic means, the nature of the emergency of the public body justifying that departure from the normal requirements shall be stated in the minutes. Where such emergency exists, the votes 5 Adopted 9/2/2025 56 taken shall be regarded as if all members were physically present and in attendance at the meeting. ARTICLE 4. In the event any member of the public governmental body makes a motion to close a meeting, or a record, or a vote from the public and any other member believes that such motion, if passed, would cause a meeting, record or vote to be closed from the public in violation of any provision of this ordinance, such latter member shall state his or her objection to the motion at or before the time the vote is taken on the motion. The public governmental body shall enter in the minutes of the public governmental body any objection made pursuant to this subsection. Any member making such an objection shall be allowed to fully participate in any meeting, record or vote that is closed from the public over the member's objection. In the event the objecting member also voted in opposition to the motion to close the meeting, record or vote at issue, the objection and vote of the member as entered in the minutes shall be absolutely defense to any claim filed against the objecting member pursuant to this ordinance. ARTLICE 5. The governmental body shall give notice of the time, date, and place of a closed meeting and the reason for holding it by reference to a specific exception. The notice shall be the same as in ARTICLES 4 and 5 below. No other business may be discussed in a closed meeting that does not directly relate to the specific reason announced to close the meeting to the public. Public governmental bodies holding a closed meeting must close only an existing portion of the meeting facility necessary to house the members of the public governmental body in the closed session, allowing members of the public to remain to attend any subsequent open session held by the public governmental body following the closed session. ARTICLE 6. The governmental body shall give notice of the time, date, and place of each meeting, and its tentative agenda, in a manner reasonably calculated to advise the public of the matters to be considered, and if the meeting will be conducted by telephone or other electronic means, the notice of the meeting shall identify the mode by which the meeting will be conducted and the designated location where the public may observe and attend the meeting. If a public body plans to meet by Internet chat, Internet message board, or other computer link, it shall post a notice of the meeting on its website in addition to on the appropriate bulletin board at City Hall, and shall notify the public how to access that meeting. Reasonable notice shall include making available copies of the notice to any representative of the news media who requests notice of meetings of a particular public 0 Adopted 9/2/2025 57 governmental body concurrent with the notice being made available to the members of the particular governmental body and posting the notice on the appropriate bulletin board at City Hall which is easily accessible to the public and clearly designated for that purpose. ARTICLE 7. Notice conforming with all of the requirements of ARTICLE 6 above shall be given at least twenty-four hours, exclusive of weekends and holidays when the facility is closed, prior to the commencement of any meeting of a governmental body unless for good cause such notice is impossible or impractical, in which case as much notice as is reasonably possible shall be given. Each meeting shall be held at a place reasonably accessible to the public and of sufficient size to accommodate the anticipated attendance by members of the public, and at a time reasonably convenient to the public, unless for good cause such a place or time is impossible or impractical. Every reasonable effort shall be made to grant special access to the meeting to handicapped or disabled individuals. a) When it is necessary to hold a meeting on less than twenty-four hours' notice, or at a plane that is not. reasonably convenient to the public, or at a time that is not reasonably convenient to the public, the nature of the good cause justifying that departure from the normal requirements shall be stated in the minutes. b) If another provision of law requires a manner of giving specific notice of a meeting, hearing or an intent to take action by a governmental body, compliance with that section shall constitute compliance with the notice requirements of this section. C) A journal or minutes of open and closed meetings shall be taken and retained by the public governmental body, including, but not limited to, a record of any votes taken at such meeting. The minutes shall include the date, time, place, members present, members absent and a record of any votes taken. When a roll call vote is taken, the minutes shall attribute each "yea" and "nay" vote or abstinence if not voting to the name of the individual member of the public governmental body. ARTICLE 8. A formally constituted subunit of a parent governmental body may conduct a meeting without notice during a lawful meeting of the parent governmental body, a recess in that meeting, or immediately following that meeting, if the meeting of 7 Adopted 9/2/2025 58 the subunit is publicly announced at the parent meeting and .the subject of the meeting reasonably coincides with the subjects discussed or acted upon by the parent governmental body. ARTICLE 9. A public body shall allow for the recording by audiotape, videotape, or other electronic means of any open meeting. A public body may establish guidelines regarding the manner in which such recording is conducted so as to minimize disruption to the .meeting. No audio recording of any meeting, record, or vote closed pursuant to the provisions of ARTICLE 1 shall be permitted without permission of the public body; any person who violates this provision shall be guilty of a class C misdemeanor. ARTICLE 10. Any member of a public governmental body who transmits any message relating to public business by electronic means shall also concurrently transmit that message to either the member's public office computer or the custodian of records in the same format. The provisions of this section shall only apply to messages sent to two or more members of that body so that, when counting the sender, a majority of the body's members are copied. Any such message received by the custodian or at the member's office computer shall be a public record subject to the exceptions above. ARTICLE 11. Each public, governmental body shall make available for inspection and copying by the public: of that body's public records. No person shall remove original public records from the office of a public governmental body or its custodian without written permission of the designated custodian. The City Clerk shall be the custodian of records and will be responsible for maintenance and control of all records. The custodian shall provide a response and/or public access to all public records as soon as possible but no later than the end of the third business day following the date the request is received by the custodian. If records are requested in a certain format, the public body shall provide the records in the requested format, if such format is available. If additional delay is necessary, the custodian shall give an explanation for the delay and the earliest date the record will be available for inspection. This period for document production may exceed three days for reasonable cause. a) If a request for access is denied, the custodian shall provide, upon request, a written statement of the grounds for such denial. Such statement shall cite the specific provision of law under which access is denied and shall be furnished to the Adopted 9/2/2025 59 requester no later than the end of the third business day following the date the request for the statement is received. b) The custodian shall charge duplication costs of ten cents ($.10) per page for up to 9 by 14 paper, an hourly fee for duplicating time not to exceed the average hourly rate for clerical staff of the public governmental body, and the actual costs of research time. The custodian may require payment prior to duplicating copies. Based on the scope of the request, the public governmental body shall produce the copies using employees of the body that result in the lowest amount of charges for search, research, and duplication time. Prior to producing copies of the requested records, the person requesting the records may request the public governmental body to provide an estimate of the cost to the person requesting the records. Documents may be furnished without charge or at a reduced charge when the City Manager determines that waiver or reduction of the fee is in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the public governmental body and is not primarily in the commercial interest of the request. Payment of such copying fees may be requested prior to the making of copies. c) Fees for providing access to public records maintained on computer facilities, recording, tapes or disks, videotapes or films, pictures, maps, slides, graphics, illustrations or similar audio or visual items or devices, and for paper copies larger_ than nine by fourteen inches shall include only the cost of copies, staff time, which shall not exceed the average hourly rate of pay for staff of the public governmental body required for making copies and programming, if necessary, and the cost of the disk, tape, or other medium used for the duplication. Fees for maps, blueprints, or plats that require special expertise to duplicate may include the actual rate of compensation for the trained personnel required to duplicate such maps, blueprints, or plats. If programming is required beyond the customary and usual level to comply with a request for records or information, the fees for compliance may include the actual costs of such programming. d) The custodian may designate deputy custodians in the following departments: administrative services, development services, parks and recreation, public safety and public works. ARTICLE 12. If a public record contains material which is not exempt from disclosure as well as material which is exempt from disclosure, the public governmental body shall separate the W7 Adopted 9/2/2025 60 exempt and nonexempt material and make the nonexempt material available for examination and copying. When designing a public record, a public governmental body shall, to the extent practicable, facilitate a separation of exempt from nonexempt information. If the separation is readily apparent to a person requesting to inspect or receive copies of the form, the public governmental body shall generally describe the material exempted unless that description would reveal the contents of the exempt information and thus defeat the purpose of the exemption. PASSED AND ADOPTED THIS � DAY OF , 2024. Stacy Kinder M yor ATTEST: Gayl L. Conrad, City Clerk 10 Adopted 9/2/2025 61 Staff: Ryan Shrimplin, City Planner Agenda: September 2, 2025 TITLE AGENDA REPORT Cape Girardeau City Council BILL NO. 25-95, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of certain properties in the City and County of Cape Girardeau, Missouri, to CBD, Central Business District. First Reading. DEV -Ryan Shrimplin SUMMARY A rezoning application has been submitted for the property at 538 and 542 South Ellis Street and 549 South Sprigg Street. The applicant is requesting that the property be rezoned from R-3 (High Density Single -Family Residential District) and C-1 (General Commercial District) to CBD (Central Business District). The immediately surrounding properties are zoned CBD (Central Business District) to the northeast and southeast, R-3 (High Density Single -Family Residential District) to the northwest, west and southwest, and C-1 (General Commercial District) to the east. This area is characterized by commercial and residential uses. The Cape Vision 2040 Comprehensive Plan's Future Land Use Map shows the subject property as Urban Mixed Use and Low Density Residential. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the Planning and Zoning Commission and the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The subject property consists of two undeveloped parcels separated by a public alley. The parcel to the west of the alley is zoned R-3. The parcel to the east of the alley is zoned C-1. The owners of these parcels have submitted a petition to vacate the portion of the alley between the parcels. The applicant has plans to purchase the parcels and the portion of the alley between them (once vacated) in order to develop the land for a commercial use. While the proposed use is permitted in the C-1 district, it is not permitted in the R-3 district. The applicant is requesting that both parcels be rezoned to CBD in order to keep the proposed development within a single zoning district. CBD is the logical choice for rezoning due to the existing CBD zoning on both sides of the C-1 zoned parcel along South Sprigg Street. Additionally, the CBD regulations include architectural design standards that will ensure the building design is appropriate for the area, including the residential properties on South Ellis Street. For these reasons, the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. The Planning and Zoning Commission held a public hearing at its August 13, 2025 meeting and recommended approval of the rezoning request by a vote of 7 in favor, 0 in opposition, and 1 abstaining. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing at its August 13, 2025 meeting and recommended approval of the rezoning request by a vote of 7 in favor, 0 in opposition, and 1 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 16, 2025. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. Notices were also mailed to the adjacent property owners. ATTACHMENTS • 25 -95_S -Ellis_ and Sprigg_Rezone.doc • Staff Review -Referral -Action Form.pdf • Map - S Ellis & S Sprigg - Zoning.pdf • Map - S Ellis & S Sprigg - FLU.pdf • Application - 538 & 542 S Ellis & 549 S Sprigg REZ.pdf • Sec. 30-59. - R-3, High Density Single -Family Residential District.pdf • Sec. 30-66. - C-1, General Commercial District.pdf • Sec. 30-65. - CBD, Central Business District.pdf BILL NO. 25-95 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF CERTAIN PROPERTIES IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, TO CBD, CENTRAL BUSINESS DISTRICT WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 and Article 2 of this ordinance from R-3, High Density Single - Family Residential District, and C-1, General Commercial District, to CBD, Central Business 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 Tuesday, September 2, 2025; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri has elected to rezone the property described in Article 1 and Article 2 of this ordinance from R-3, High Density Single -Family Residential District, and C-1, General Commercial District, to CBD, Central Business 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-3, High Density Single -Family Residential District, to CBD, Central Business District, for the following described property: All of the West 100 feet of Lot One hundred and Thirty-seven (137) in Range "R" in McLean's Addition to the City of Cape Girardeau, Missouri, fronting 50 feet on Ellis Street. Also, Lot No. One hundred and Thirty -Eight (138) in Range "R" in McLean's Addition in the City of Cape Girardeau, Missouri, fronting 50 feet on Ellis Street by a depth of 180 feet to an alley. Also, 1 All of the east 80 feet of Lots 136 and 137 of Moses McLean's Addition, Range "R", City of Cape Girardeau, Missouri, described as follows: Beginning at the northeast corner of Lot One Hundred Thirty-seven (137); thence south, along the east line of Lots One Hundred Thirty-seven (137) and One hundred Thirty-six (136), 100.00 feet to the southeast corner of Lot Hundred Thirty-six (136); thence West, along the south line of Lot One Hundred Thirty-six (136), 80.0 feet for a corner; thence North, across Lots One Hundred Thirty-six (136) and One Hundred Thirty-seven (137), parallel with the east line of Ellis Street, 100.0 feet for a corner in the north line of Lot One hundred Thirty-seven (137); thence east, along said north line, 80.0 feet to the Point of Beginning. The above being the east eighty (80) feet of Lot One Hundred Thirty-six (136), (see deed recorded in Book 157 at Page 304) and the south 12.5 feet of the east eighty (80) feet of Lot One hundred Thirty-seven (137) conveyed by deed recorded in Book 217 at Page 425; also, the north 37.5 feet of the east 80.0 feet of Lot One Hundred Thirty-seven (137) conveyed in deed recorded in Book 244 at Page 141.) LESS AND EXCEPT that part conveyed to the Missouri Highway and Transportation Commission by General Warranty Deed recorded July 15, 1993 in Book 643 at Page 240, land records of Cape Girardeau County, Missouri. Also, All of Lot One Hundred Thirty -Nine (139) in Range "R" of Moses McLain's Addition to the City of Cape Girardeau, Missouri. ARTICLE 2. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present C-1, General Commercial District, to CBD, Central Business District, for the following described property: A part of Lots 132, 133, 134, and 135 of Moses McLeans Addition to the City of Cape Girardeau, City and County of Cape Girardeau, State of Missouri being more particularly described as follows: Beginning at a 1/2" iron pin (found) at the northwest corner of Lot 132 of said subdivision; Thence South 2 06009125" West, 180.78 feet along the west lines of Lots 132, 133, 134, and 135 to a 1/2" iron pin (set) on the northerly right of way line of Missouri State Route 74; Thence South 84059'01" East, 77.05 feet along said northerly right of way line to a right of way marker (found); Thence North 56024'24" East, 115.19 feet to a right of way marker (found) on the west right of way line of Sprigg Street; Thence along said west right of way line North 06008'03" East, 104.66 feet to a 1/2" iron pin (found) on the north line of Lot 132; Thence North 83°31'21" West, 165.54 feet along said north line to the point of beginning, containing 0.61 acres, more or less. ARTICLE 3. The City Council hereby finds and declares that the property described in Article 1 and Article 2 of this ordinance is at the present time particularly suitable for the purposes and uses of the CBD, Central Business 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 4. 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 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk 3 Stacy Kinder, Mayor 2025. CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1487 LOCATION: 538 & 542 S Ellis & 549 S Sprigs STAFF REVIEW & COMMENTS: Hubbard Enterprises, LLC is requesting to rezone the above listed property from R-3 (High Density Single-family Residential) and C-1 (General Commercial) to CBD (Central Business District). SEE STAFF REPORT FOR FURTHER INFORMATION ` - sl t rz�-- City Pla er V Date �ell City Attorn y Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: e t City Manager Date „ Planning & Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: RECOMMENDED ACTION: Favor Oppose Abstain Favor Oppose Abstain Trae Bertrand 0 ❑ ❑ Gerry Jones d ❑ Ll Scott Blank ❑ , L3®' Chris Martin ®, _° ❑ ❑ Kevin Greaser Ed,:- L] Ll Nick Nick Martin LI ❑ Robbie Guard � ❑ ❑ Emily McElreath ❑ ❑ Derek Jackson ® ❑ ❑ VOTE COUNT: Favor C Oppose Abstain COMMENTS: CITIZENS COMMENTING AT MEETING: Chris Martin Planning & Zoning Commission Secretary City Council Action q1 _96 - Posting Dates: Sign Newspaper 8&/&5 . Public Hearing Date: Ordinance I st Reading 9�a� Ordinance 2"d & 3Yd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Abstain Rezoning Request 538 & 542 South Ellis Street 549 South Sprigg Street .503 0503 1 tram731 R3 Requested rezoning from R-3 (High Density Single-family Residential District) and C-1 (General Commercia District) to CBD (Central Business District) Future Land Use Recommendation: Low Density Residential and Urban Mixed Use R3 11 • R4 CBD 513 R3 15 CBD R3 51 518 • W y R3 525 :* R X520 10 R3 529 • 22 R3i R3 533 �— 4 R3• 536 f x .. R3 539 • 538 • r ; R3 R3 0 41' r 542 R3 R3 45 • R3 —College St" � 5 R3•50 N w E ` CITYOf CAPE G I R A R D E A U 604 [C7reatedy: Community Development • July 31, 2025 R3 10 R3 • A C1 549 CBD CBD 525 CBD • CBD CBD 53 503 . Ii 507 • 11 515 517 V Legend 'e P 1=1 Property to be Rezoned Zoning District Cl CBD +� R3 CBD D R4 Rezoning Request 538 & 542 South Ellis Street 549 South Sprigg Street REZONING / SPECIAL USE PERMIT APPLICATION CITY of CAPE GIRARDEAU COMMUNITY DEVELOPMENT DEPARTMENT, 44 NORTH LORIMIER STREET, CAPE GIRARDEAU, MO 63701 (573) 339-6327 Property Address/Location 533 and 542 S Ellis St (R3) and 549 S Sprigg St (C-1) Applicant Property Owner of Record ❑ Same as Applicant Hubbard Enterprises LLC Third Gen LLC Mailing Address City, State, Zip Mailing Address City, State, Zip P.O. Box 529 Bonne Terre, MO 63628 601 N Broadview Cape Girardeau, MO 63701 Telephone Email Telephone Email 573-315-5065 cwalker@hubbard-enterprises.com 573-382-1026 sbiank@bistateoilcompany.com Contact Person (Attach additional owners information, if necessary) Catherine Walker Clila, LP 430 Julie Drive, Cape Girardeau, MO 63701 Type of Request Proposed Special Use (Special Use Permit requests only) Iff Rezoning ❑ Special Use Permit ❑ Both Existing Zoning District Proposed Zoning District (Rezoning requests only) C-1, General Commercial District CBD, Central Business District Legal description of property to be rezoned and/or upon which the special use is to be conducted See attached Describe the proposed use of the property. A 10,640 sq ft building for retail space will be constructed as well as parking for the building and a detention basin. Application continues on next page OFFICE USE ONLY � � I P� J Date Received & By }� I �� File # 4 y� MUNIS Application # ` ` MUNIS Permit # Application Fee Received $%] �= ❑Check # :1 Credit Card ❑Cash (� Planning & Zoning Commission Recommendation - Date City Council Final Action Date Revised 07/01/25 Special Use Criteria (Special Use Permit requests only) Explain how the special use permit request meets the criteria below. Attach additional sheets, if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS In addition to this completed application form, the following items must be submitted: REQUIRED Base Application fee - $155.00 payable to City of Cape Girardeau Planned Development rezoning only - Additional $92 payable to City of Cape Girardeau List of adjacent property owners (see Instructions for requirements) See Instructions for more One (1) set of mailing envelopes, stamped and addressed to adjacent property owners OR information. $3.00 per adjacent property owner, if stamped envelopes are not submitted One (1) full size copy of a plat or survey of the property, if available One (1) full size set of plans, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, light poles, detention basins, landscaping areas, freestanding signs, etc. (Planned Development rezonings and Special Use Permits only) One (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS The undersigned hereby certifies that: 1) They are the Property Owner(s) of Record for the property described in this application; 2) They acknowledge that the special use permit, if approved, will become null and void if the use for which the permit was granted does not commence within twelve (12) months of the approval date, unless an extension has been granted; and 3) They acknowledge that they are responsible for ensuring that all required licenses and permits are obtained prior to commencing any use or work on the property. Property Owner of Record Signature and Printed Name Date (Provide additional owners signatures and printed names in the space below, if applicable) The undersigned hereby certifies that they are an agent duly authorized by the Property Owner(s) of Record to file this application on their behalf, and that the Property Owner(s) of Record hereby agree to the above certifications. 7/17/2025 Applicant Signature and Printed Name Date Revised 07/01/25 Tract 1: Lot 131 in Range "R" of McLean's Addition to the city of Cape Girardeau, Missouri. LESS AND EXCEPT that part conveyed to the Missouri Highway and Transportation Commission by General Warranty Deed recorded January 12, 1993 in Book 616 at Page 119, land records of Cape Girardeau County, Missouri. Tract 2: A part of Lots 132, 133, 134, and 135 of Moses McLeans Addition to the City of Cape Girardeau, as recorded in Plat Book 2 at Page No. 7 of the land records of the county recorders office, City and County of Cape Girardeau,State of Missouri being more particularly described as follows: Beginning at a 1/2" iron pin (found) at the northwest corner of Lot 132 of said subdivision; Thence South 06009'25" West, 180.78 feet along the west lines of Lots 132, 1337 1347 and 135 to a 1/2" iron pin (set) on the northerly right of way line of Missouri State Route 74; Thence South 84°59'01" East, 77.05 feet along said northerly right of way line to a right of way marker (found); Thence North 56'24'24" East, 115.19 feet to a right of way marker (found) on the west right of way line of Sprigg Street; Thence along said west right of way line North 06'08'03" East, 104.66 feet to a 1/2" iron pin (found) on the north line of Lot 132; Thence North 83031'21" West, 165.54 feet along said north line to the point of beginning, containing 0.61 acres, more or less. Tract 3: All of the West 100 feet of Lot One hundred and Thirty-seven (137) in Range "R" in McLean's Addition to the City of Cape Girardeau, Missouri, fronting 50 feet on Ellis Street. Lot No. One hundred and Thirty -Eight (138) in Range "R" in McLean's Addition in the City of Cape Girardeau, Missouri, fronting 50 feet on Ellis Street by a depth of 180 feet to an alley. All of the east 80 feet of Lots 136 and 137 of Moses McLean's Addition, Range "R.", City of Cape Girardeau, Missouri, described as follows: Beginning at the northeast corner of Lot One Hundred Thirty-seven (137); thence south, along the east line of Lots One Hundred Thirty-seven (137) and One hundred Thirty-six (136)7100.00 feet to the southeast corner of Lot Hundred Thirty-six (136); thence West, along,the south line of Lot One Hundred Thirty-six (136)7 80.0 feet for a corner; thence North, across Lots One Hundred Thirty-six (136) and One Hundred Thirty-seven (137), parallel with line of Ellis Street, 100.0 feet for a corner in the north line of Lot One hundred Thirty-seven (137); thence east, along said north line, 80.0 feet to the Point of Beginning. The above being the east eighty (80) feet of Lot One Hundred Thirty-six (136), (see deed recorded in Book 304) and the south 12.5 feet of the east eighty (80) feet of Lot One hundred Thirty-seven (137) conveyed by recorded in Book 217 at Page 425; also, the north 37.5 feet of the east 80.0 feet of Lot One Hundred Thirty conveyed in deed recorded in Book 244 at Page 141.) LESS AND EXCEPT that part conveyed to the Missouri Highway and Transportation Commission by General Warranty Deed recorded July 15, 1993 in Book 643 at Page 240, land records of Cape Girardeau County, Missouri. Adjacent Property Owners Property Owner Name Property Address MailingAddress City State Zip Hamlet Group LLC 536 S Sprigg St 1823 Rust Ave STE 102 Cape Girardeau MO 63703 Centurion Development LLC 533 S Ellis St 1823 Rust Ave STE 102 Cape Girardeau MO 63703 Andrew Ostrowski 539 Ellis St 131 Winterfield Cir Cape Girardeau MO 63701 JJP Investments LLC 546 S Sprigg St PO BOX 1807 Cape Girardeau MO 63702 Walter Lee & Jaqueline Jones 545 Ellis St 210 S Hanover APT Cape Girardeau MO 63703 No Limit Development LLC 541 S Ellis St 1029 Caufield Dr Cape Girardeau MO 63701 Arrowhead Investments LLC 611 S Sprigg St 1878 Silverthorne Trail Cape Girardeau NO 63701 ' ZONING INFORMATION - -:i T \.,u vrz "^w..,rg •«•• ,u•• wa.,o-. .n.,v... �n, .nrna. ,v..e t« FLOOD ZONE INFORMATION VM.B4 � VICINITY MAP mrnw.mno-..aa x —_ SURVEY NOTES MOM LEEN PMCMPTION OF PARENT TRACT �oi.i.w..u...vwm.. A^aro`rra.a.e...mtl &x ��d MTLECOMMITMWTINFORMRTION 13 iRVEYOR'S CERTIFICATION S ma 77 s1+EEr w VF-101 - PIROEr ai u - -:i T ° rrpE sconrwn A� a°nxc VM.B4 � JSR.— u MOM LEEN PMCMPTION OF PARENT TRACT �oi.i.w..u...vwm.. A^aro`rra.a.e...mtl &x ��d MTLECOMMITMWTINFORMRTION 13 iRVEYOR'S CERTIFICATION S ma 77 s1+EEr w VF-101 - PIROEr ai Sec. 30-59. - R-3, High Density Single -Family Residential District. (a) Purpose. The R-3 district is intended to accommodate single-family, two-family and townhouse residential developments at maximum densities of up to nine units per acre. This district will serve as a transition between lower density and higher density residential districts. Certain other structures and uses necessary to serve the area are allowed as permitted uses or through the approval of a special use permit, subject to restrictions intended to preserve and protect the residential character of this district. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot. (2) Duplexes, two-family dwelling units. (3) Townhouses. (4) Cluster subdivisions, as permitted in chapter 25. (5) Public parks, playgrounds, and recreational facilities. (6) Police and fire stations. (7) Elementary and middle schools, or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five acres of land. (8) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (9) Home for eight or fewer unrelated mentally or physically handicapped persons, including no more than two additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood; and b. Such home shall not be located closer than 370 feet to any other such home. (10) A private residence licensed by the state division of family services or state department of mental health to provide foster care to one or more, but less than seven, children who are unrelated to either foster parent by blood, marriage or adoption, provided that all applicable building and safety codes are met, and an occupancy permit issued therefor. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Home day cares, with no more than four unrelated children in a 24-hour period as permitted in section 30-111. (4) In home elderly care, with a maximum of three persons as permitted in section 30-114. (5) Solar energy systems, as permitted in section 30-113. (6) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Home day cares, with five or more unrelated children, as permitted in section 30-111. (2) Bed and breakfasts. (3) Cemeteries, on a minimum of ten acres of land. (4) Transitional housing. (5) Wind energy conversion systems, as permitted in section 30-113. (6) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (7) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (e) Height, area, bulk and setback requirements. (1) Maximum height: a. When side yards are less than 15 feet in width, 21/2 stories not to exceed 35 feet. b. When side yards are 15 feet in width or greater, three stories, not to exceed 45 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. Duplexes: 3,750 square feet per unit. c. Single-family: 5,000 square feet. (3) Maximum density: Nine units per one acre. Higher densities may be approved with a cluster subdivision as permitted in chapter 25. (4) Minimum lot width: a. Townhouses and duplexes: 20 feet. b. All other uses: 30 feet. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 20 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 20 feet. c. Side yard: 1. Townhouses and duplexes: None. 2. All other uses: Three feet. (f) Open space, landscaping and bufferyard requirements. For any nonresidential uses: (1) A minimum of 20 percent of the total lot area shall be devoted to open space, including required yard and buffer yards. (2) Landscaping shall be provided as required in chapter 25. (3) A 20 -foot -wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, or R-2 zoning districts. This bufferyard shall comply with the requirements of chapter 25. (g) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-147 and 26-298. (Code 1990, § 30-324; Ord. No. 5012, art. 4, 10-2-2017) Sec. 30-66. - C-1, General Commercial District. (a) Purpose. The C-1 district is primarily intended for areas of the city located along minor thoroughfares and adjacent to residential districts. Appropriate uses for this district include commercial developments not requiring long-term outdoor display of merchandise, as well as certain governmental, institutional, and community service facilities. Other uses having the potential to significantly affect adjacent residential districts may be allowed with approval of a special use permit. (b) Permitted principal uses. (1) Art galleries or museums. (2) Banks or other financial institutions. (3) Bed and breakfasts. (4) Commercial day cares. (5) Commercial recreation facilities, excluding driving ranges or outdoor shooting or racing. (6) Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118. (7) Funeral homes or mortuaries. (8) Governmental facilities. (9) Health or fitness centers. (10) Institutions of higher education, including business, career or technology schools. (11) Instructional schools for art, dance, music, martial arts or other disciplines. (12) Libraries. (13) Microbreweries. (14) Middle schools, secondary schools, or development centers for people with physical, mental or developmental disabilities. (15) Nurseries or greenhouses. (16) Nursing homes. (17) Offices. (18) Parks or playgrounds. (19) Personal service establishments. (20) Pet grooming facilities, excluding kennels. (21) Police or fire stations. (22) Residential treatment facilities. (23) Restaurants or bars. (24) Retail or rental establishments, excluding the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment. (25) Television or radio studios, including any transmitting facilities. (26) Transit terminals. (27) Veterinary clinics or animal hospitals, excluding livestock. (28) Wineries. (c) Permitted accessory uses. (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) Special uses. (1) Banquet facilities. (2) Hotels or motels. (3) Kennels. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Meeting halls. (6) Mini warehouses or self -storage units. (7) 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. (8) Short-term or long-term use of shipping containers for principal uses, as permitted in section 30-105. (9) Telecommunication towers, as permitted in section 30-107. (10) The allowance of additional height up to a total of 60 feet, not to exceed a total of five stories. (11) Transitional housing. (12) Uses involving the sale or rental of outbuildings, vehicles, or large agricultural or construction equipment. (13) Vehicle fueling, service or repair facilities, excluding body or paint shops. (14) Vehicle washing facilities, including automatic or hand wash. (15) Wind energy conversion systems, as permitted in section 30-113. (e) Standards. (1) All storage of merchandise, materials, products or equipment shall be within a fully enclosed building or in an open yard so screened that the items being stored are not visible from the street or any adjacent property. (2) Outdoor display of merchandise is prohibited, except as follows: Merchandise may be displayed outdoors as part of a temporary use, as permitted in section 30-109. Nursery stock, accessory landscaping decorations, and seasonal and holiday decorations may also be displayed outdoors during the appropriate season. Such displays are permitted in accordance with the following provisions: a. Displays shall not be located in a right-of-way. b. Displays shall not be located in parking spaces used to meet the minimum number of parking spaces as required elsewhere in the city Code. Displays that are part of a bazaar, craft sale, garage or yard sale, or similar temporary event are exempt from this requirement, as determined by the city manager. c. Displays shall not impede vehicular or pedestrian access. d. Displays shall not alter the structure of any building. e. Displays shall not create a health or safety hazard. f. Displays shall be well kept and orderly. g. Signs may be displayed as permitted elsewhere in the city Code. h. The display of seasonal items shall be limited to a time period that is customary for the season associated with the display, which shall be at the discretion of the city manager. (3) Outdoor service areas and equipment such as loading docks, mechanical equipment, storage areas or waste containers shall be located in the rear or side yard and screened as required elsewhere in the city Code. (f) Height, area, width, setback and open space requirements. (1) Maximum height: 40 feet, not to exceed three stories. (2) Minimum lot area: None. (3) Minimum lot width: None. (4) Minimum setbacks: a. Front yard: 25 feet. b. Rear yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district. c. Side yard: None, except 20 feet when adjacent to a residential use or district, or ten feet when adjacent to an agricultural use or district. (5) Minimum open space: 15 percent of the lot area. (Code 1990, § 30-333; Ord. No. 5211, art. 4, 7-15-2019; Ord. No. 5615, art. 3, 2-6-2023) Sec. 30-65. - CBD, Central Business District. (a) Purpose. 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. In order 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) Permitted principal uses. (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) Comprehensive marijuana dispensary facilities, medical marijuana dispensary facilities, or microbusiness dispensary facilities, as permitted in section 30-118. (9) Funeral homes or mortuaries. (10) Governmental facilities. (11) Health or fitness centers. (12) Hospitals. (13) Hotels or motels. (14) Institutions of higher education, including universities and business, career, or technology schools. (15) Instructional schools for art, dance, music, martial arts, or other disciplines. (16) Libraries. (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. (c) Permitted accessory uses. (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) Special uses. (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) Vehicle fueling, service or repair facilities, excluding body or paint shops. (10) Wind energy conversion systems, as permitted in section 30-113. (e) Standards. (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. I. 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, medallions, mosaics, 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, 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 section, the term "mural" means 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 30-740) through (r). (f) Height, area, width, density, setback, and open space 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. (Ord. No. 5694, art. 1, 11-6-2023; Ord. No. 5831, art. 1, 5-5-2025) Editor's note—.Ord. No. 5694, art. 1, adopted Nov. 6, 2023, repealed the former § 30-65 and enacted a new section as set out herein. The former § 30-65 pertained to similar subject matter and derived from Ord. No. 5607, art. 1, adopted Dec. 19, 2022; and Ord. No. 5615, art. 2, adopted Feb. 6, 2023. Staff: Ryan Shrimplin, City Planner Agenda: September 2, 2025 TITLE AGENDA REPORT Cape Girardeau City Council BILL NO. 25-96, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding R-4, Medium Density Multifamily Residential District. First Reading. DEV - Ryan Shrimplin SUMMARY Attached is a proposed amendment to the R-4, Medium Density Multifamily Residential District section of the Zoning Code (Chapter 30 of the City's Code of Ordinances). The amendment increases the maximum density from 18 units per one acre to 20 units per one acre. The amendment is based on input received from the development community, specifically those that develop multifamily projects. Staff reviewed the Zoning Code and noted that the maximum density in the R-5, High Density Multifamily Residential District is 30 units per one acre — a large step up from the R-4 maximum density of 18 units per one acre. There are only a few R-5 zoned properties in the city. A vast majority of the multifamily properties are zoned R-4. Although development costs have increased across the board, multifamily projects have become especially more expensive. Developers are seeking ways to offset increased costs in order to maintain the level of return on their investments. Increasing the R-4 maximum density to 20 units per one acre represents a small but significant benefit for developers. It allows them to build additional units without having to acquire additional land. The increase also reduces the large step between the R-4 and R-5 maximum densities, making it less likely that developers will pursue rezoning to R-5. STAFF RECOMMENDATION The Planning and Zoning Commission reviewed the amendment at its meeting on August 13, 2025 and recommended approval by a vote of 8 in favor, 0 in opposition, and 0 abstaining. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission reviewed the amendment at its meeting on August 13, 2025 and recommended approval by a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing on the amendment was advertised in the Southeast Missourian on August 16, 2025. ATTACHMENTS • 25-96_Amending_Ch_30_R-4_units_density.doc • Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District - August 13, 2025 (Edits Copy).pdf • Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District - August 13, 2025 (Clean Copy).pdf BILL NO. 25-96 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING R-4, MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 30-60, entitled "R-4, Medium Density Multifamily Residential District", of Article III of Chapter 30 of the City Code, reading as follows: Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 18 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1)Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2)Two-family (duplex) dwellings, excluding new two-family subdivisions. (3)Multifamily dwellings. (4) Townhouses. (5)Cluster subdivisions, as permitted elsewhere in the city Code. (6)Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8)Public parks, playgrounds, and recreational facilities. 1 (9)Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1)Private garages, carports and accessory structures, as permitted in section 30-106. (2)Home occupations, as permitted in section 30-108. (3)Solar energy systems, as permitted in section 30-113. (4)Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. (2) Boutique hotels. The term "boutique hotel" shall mean an establishment containing a minimum of five (5) and a maximum of twenty (20) rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities. (3)Cemeteries, on a minimum of ten acres of land. (4)Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5)Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (6)Residential treatment facilities. (7)Transitional housing. (8)Wind energy conversion systems, as permitted in section 30-113. (e) Height, area, bulk and setback regulations. (1)Maximum height: Five stories not to exceed 60 feet. (2)Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. 2 b. All other uses: 3,750 square feet. (3)Maximum density: 18 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4)Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5)Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6)Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7)Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-46. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-147 and 26-298. is hereby repealed in its entiretti and a new Section 30-60, entitled "R-4, Medium Density Multifamily Residential District", of Article III of Chapter 30 of the City Code, is hereby enacted in lieu thereof, in words and figures, to read as follows, to - wit. Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 20 units per one acre. Single-family detached and two-family (duplex) 3 dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1)Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2)Two-family (duplex) dwellings, excluding new two-family subdivisions. (3)Multifamily dwellings. (4)Townhouses. (5)Cluster subdivisions, as permitted elsewhere in the city Code. (6)Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8)Public parks, playgrounds, and recreational facilities. (9)Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1)Private garages, carports and accessory structures, as permitted in section 30-106. (2)Home occupations, as permitted in section 30-108. (3)Solar energy systems, as permitted in section 30-113. (4)Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1)Bed and breakfasts. 0 (2) Boutique hotels. The term "boutique hotel" shall mean an establishment containing a minimum of five (5) and a maximum of twenty (20) rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities. (3)Cemeteries, on a minimum of ten acres of land. (4)Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5)Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (6)Residential treatment facilities. (7)Transitional housing. (8)Wind energy conversion systems, as permitted in section 30-113. (e) Height, area, bulk and setback regulations. (1)Maximum height: Five stories not to exceed 60 feet. (2)Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3)Maximum density: 20 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4)Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5)Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. 5 c. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6)Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7)Open space requirements. For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in chapter 25, article II of this Code. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-148 and 26-298. 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 , 2025. ATTEST: Gayle L. Conrad, City Clerk Stacy Kinder, Mayor 0 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District TEXT TO BE DELETED IS SHOWN IN CTRIKET-WRO GH TEXT TO BE ADDED IS SHOWN IN RED ARTICLE AND/OR SECTION TITLES AFFECTED BY THIS AMENDMENT: None August 13, 2025 Page 1 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 39 20 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. (2) Boutique hotels. The term "boutique hotel" shall mean an establishment containing a minimum of five and a maximum of 20 rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities. (3) Cemeteries, on a minimum of ten acres of land. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (6) Residential treatment facilities. Page 2 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 (7) Transitional housing. (8) Wind energy conversion systems, as permitted in section 30-113. (e) Height area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3) Maximum density: 19 20 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. C. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements: For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25 46 chapter 25, article II of this Code. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26 147 26-148 and 26-298. Page 3 of 3 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 Sec. 30-60. R-4, Medium Density Multifamily Residential District. (a) Purpose. The R-4 district provides for multifamily dwellings and other residential uses with a maximum density of 20 units per one acre. Single-family detached and two-family (duplex) dwellings are permitted in order to accommodate existing R-4 zoned lots that either contain such uses or are not large enough to be developed for multifamily dwellings. It is not intended for new single-family detached or two-family subdivisions, which are prohibited. (b) Permitted principal uses. (1) Single-family detached dwellings, with only one dwelling per lot, and excluding new single-family detached subdivisions. (2) Two-family (duplex) dwellings, excluding new two-family subdivisions. (3) Multifamily dwellings. (4) Townhouses. (5) Cluster subdivisions, as permitted elsewhere in the city Code. (6) Nursing homes, senior citizen housing and retirement homes. (7) Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and/or outdoor recreational facilities, offices of property owners' associations, and maintenance facilities operated by a neighborhood or community organization or a property owners' association. (8) Public parks, playgrounds, and recreational facilities. (9) Police and fire stations. (10) Elementary, middle and secondary schools, and development centers for elementary, middle and secondary school age children with physical, mental or developmental disabilities. (11) Commercial day cares. (c) Permitted accessory uses. (1) Private garages, carports and accessory structures, as permitted in section 30-106. (2) Home occupations, as permitted in section 30-108. (3) Solar energy systems, as permitted in section 30-113. (4) Short-term use of shipping containers for accessory uses, as permitted in section 30-105. (d) Special uses. (1) Bed and breakfasts. (2) Boutique hotels. The term "boutique hotel" shall mean an establishment containing a minimum of five and a maximum of 20 rooming units, which is used or advertised as a place where lodging accommodations are supplied for pay to guests for lodging occupancy with rooms having access to the outside through an interior hallway connected to the main lobby of the building, and which may provide additional services such as restaurants, meeting rooms, entertainment and recreational facilities. (3) Cemeteries, on a minimum of ten acres of land. (4) Long-term use of shipping containers for accessory uses, as permitted in section 30-105. (5) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Page 1 of 2 Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District August 13, 2025 (6) Residential treatment facilities. (7) Transitional housing. (8) Wind energy conversion systems, as permitted in section 30-113. (e) Height area, bulk and setback regulations. (1) Maximum height: Five stories not to exceed 60 feet. (2) Minimum lot area: a. Each townhouse must be on a separate platted lot consisting of at least 1,400 square feet. b. All other uses: 3,750 square feet. (3) Maximum density: 20 units per one acre. Higher densities may be approved with a cluster subdivision, as permitted elsewhere in the city Code. (4) Minimum lot width: a. Each townhouse: 20 feet. b. All other uses: None. (5) Minimum yard requirements: a. Front yard: 1. Each townhouse: Ten feet. 2. All other uses: 25 feet. b. Rear yard: 1. Each townhouse: 20 feet. 2. All other uses: 25 feet. C. Side yard: 1. Each townhouse: None. 2. All other uses: Five feet. (6) Maximum building coverage, including accessory buildings: 50 percent of the lot for all uses except townhouses. (7) Open space requirements: For any multifamily residential uses or nonresidential uses, a minimum of 20 percent of the total lot area shall be devoted to open space, including required yards and bufferyards. (f) Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in chapter 25, article II of this Code. There shall be no parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of 24,000 pounds, except as provided in sections 26-148 and 26-298. Page 2 of 2 Staff: Gayle Conrad, Director of Citizen Services/City Clerk Agenda: September 2, 2025 TITLE MEMORANDUM Cape Girardeau City Council City Council and Mayoral Election Procedures SUMMARY An election for the positions of Mayor and Ward 1, 2 and 6 Council members will be held in April of 2026. See the attached election timeline prepared by the City Attorney. Petition forms will be available for pickup in the City Clerks office beginning Tuesday, September 23, 2025, at 8:00 a.m. GENERAL DIRECTION ATTACHMENTS • ELECTION PROCEDURES MEMO 2026 COUNCIL ELECTION MEMORANDUM August 4, 2025 TO: Dr. Kenneth Haskin, City Manager, Council Members, and Gayle L. Conrad, City Clerk FROM: Gregory S. Young, City Attorney SUBJECT: ELECTION PROCEDURES — CITY COUNCIL AND MAYORAL ELECTION Article VII of the City Charter sets forth the procedure for nominations and elections of Council Members and the Mayor. PETITION. Individuals wishing to become candidates for elective City office must first be nominated by petition. The City Council has, by ordinance, designated appropriate "nominating petitions" and "acceptance or nomination" forms. These forms are available in the City Clerk's Office. Nominating petitions must be signed by at least fifty (50) registered voters who are entitled to vote for the proposed candidate. In the case of Council Members, this means the petition signers must be registered voters of the City. No nominating petition shall be accepted by the City Clerk unless accompanied by an acceptance of nomination signed by the candidate. FILING. The nominating petitions and acceptance of nomination forms must be filed with the City Clerk no earlier than the fifteenth (15th) Tuesday and not later than the eleventh (11th) Tuesday prior to the primary election date. The City Clerk shall notify the person filing the petition and the candidate whether or not the petition is sufficient. Candidates' names appear on the primary ballot in order of filing of nominating petitions certified sufficient. PRIMARY ELECTION. A primary election is held for Council Members if more than two (2) sufficient nominating petitions are filed from any one (1) ward. The City primary election, if required, is held on the first Tuesday after the first Monday in February in even numbered years. Under Section 115.125 RSMo, the City Clerk must give notice to the County Clerk of any election at least ten (10) weeks prior to the election. The names of the two (2) candidates receiving the highest number of votes for Council Member in each ward are placed on the general election ballot in the order of total votes received by each. GENERAL ELECTION. The general election is held on the first Tuesday after the first Monday in April in each even numbered year. The City Council must canvass Page Two August 25, 2025 the election returns and declare the results of the election at a special meeting to be held within one (1) week following the election. The candidates receiving the highest number of votes for each office shall be declared elected and shall be inducted into office at that time. SCHEDULE FOR 2026 COUNCIL ELECTION October 21, 2025 November 18, 2025 November 25, 2025 January 27, 2026 February 3, 2026 February 9, 2026 April 7, 2026 April 13, 2026 GSY/bt Filing period opens Filing period closes Election notice to County Clerk for Primary Election, if needed Election notice to County Clerk for General Election Primary Election, if needed Special meeting must be held by this date to declare results General Election Special meeting must be held by this date to induct new council members into office. Staff: Gayle Conrad, Director of Citizen Services/City Clerk Agenda: September 2, 2025 TITLE Appointments to the Board of Adjustment SUMMARY AGENDA REPORT Cape Girardeau City Council David Hinton, Edward Hart and Jordan Drury have terms set to expire September 4, 2025. All are alternate members. Mr. Hinton has served on the board since 2013, Mr. Hart has served since 2002 and Mr. Drury has served since May of 2025. Alternate members are appointed to serve in the absence of, or the disqualification of, the regular member. Term limitations do not apply to alternate members. Applications, a board summary sheet and a roster for the board are attached. The Board of Adjustment hears and decides exceptions to or variations from the height, area, bulk and setback requirements as set out in the City's Zoning Ordinance. According to Section 30-61 of the City Code, the Board shall consist of five members who shall be freeholders and residents of the city, appointed by the mayor and approved by the city council. Three alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members. Board members serve a five year term. The following individuals have expressed an interest in serving on the board, and their board applications are attached. Applicant Ward Citizen Academy Grad C. Donald Harris 5 No STAFF RECOMMENDATION Unless directed otherwise, three alternate member appointments to the Board of Adjustment for terms expiring September 4, 2030, will appear on a future city council agenda. ATTACHMENTS • BoardofAdjustment_Roster.pdf • Board—of—Adjustment _Attendance.pdf • DRURY JORDAN 08.06.2025.pdf • hinton.dave.08-25-2025.pdf • HARRIS C DONALD 02.05.2025.pdf BOARD OF ADJUSTMENT 7/7/2025 NAME TERM # APPOINTED TERM EXPIRES Dowdy, Larry 1 4/15/2024 3/6/2029 Hill, Gary 1 5/1/2023 3/6/2028 Robertson, Ron 1 3/15/2021 3/6/2026 ALT 10/5/2020 9/4/2025 Richard Knote 1 5/5/2025 3/6/2030 Larry Caldwell 1 5/5/2025 3/6/2027 Hart, Edward (ALT) ALT 8/17/2020 9/4/2025 ALT 11/2/2015 9/4/2020 ALT 9/20/2010 9/4/2015 ALT 8/15/2005 9/4/2010 ALT 1/22/2002 9/4/2005 Hinton, David (ALT) ALT 8/17/2020 9/4/2025 ALT 11/2/2015 9/4/2020 ALT 4/15/2013 9/4/2015 Jordan Drury (ALT) ALT 5/5/2025 9/4/2025 P = Partial Term DESCRIPTION: Hears and decides appeals from decisions of the building official in the enforcement of the zoning ordinance. Hears requests for variances from provisions of the zoning ordinance where strict enforcement would cause undue hardship due to circumstances unique to the individual under consideration. The Board of Adjustment shall not permit, as a variance, any use in a district that is not permitted under the zoning ordinance. The Board may impose conditions in the granting of variances to insure compliance and to protect adjacent property. NUMBER OF MEMBERS: 5 (3 alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members) MEETING TIME: Monthly, First Thursday at 5:30 pm in the Council Chambers TERM LIMIT: 2 Full Term Limits (5 -Year Terms) RESIDENCY: City of Cape Girardeau STAFF LIAISON: Ryan Shrimplin, City Planner (Coordinator: Carol Peters) COUNCIL LIAISON: BOARD OF ADJUSTMENT - ATTENDANCE RECORDS Meeting Time: Monthly, First Thursday at 5:30 pm in the Council Chambers Ordinance Effective: 04/13/2000 2025 JAN 2 EFEB MAR 1 6 APR MAY 3 1 JUN 5 JUL 3 AUG SEP OCT NOV DEC Termination 7 4 2 6 4 Warning Letters Letter 1 6 Caldwell, Larry Appted 5/5/25 NOV 7 NM P NM Dowdy, Larry NM NM I NM P NM NM P NM Hill, Gary NM NM I NM P NM NM P NM Knote, Richard Appted 5/5/25 NM NM P NM Robertson, Ron NM NM NM P I NM NM P NM Smallwood, Skip (Glenn) NM NM NM term limit Swan, Reg NM NM NM resigned NM NM NM Drury, Jordan Appted 5/5/25 NM NM P NM Hart, Edward (ALT) NM NM I NM A NM NM A NM Hinton, Dave (ALT) NM NM NM P NM NM P NM AGENDA RCVD MINUTES RCVD NM NM NM NM NM NM x NM x I NM NM NM x x NM NM 2024/1 JAN 4 FEB 1 MAR 7 APR 4 MAY 2 JUN 6 JUL 4 AUG 1 SEP 5 OCT 3 NOV 7 DEC Termination 5 Warning Letters Letter Dowdy, Larry NM NM NM NM NM NM NM P Hill, Gary NM NM NM P NM NM NM NM NM NM NM P Kelley, Timothy NM NM NM Robertson, Ron NM NM NM P NM NM NM NM NM NM NM P Smallwood, Skip (Glenn) NM NM NM P NM NM NM NM NM NM NM P Swan, Reg NM NM NM P NM NM NM NM NM NM NM A Hart, Edward (ALT) NM NM NM A NM NM NM NM NM NM NM A Hinton, David (ALT) NM NM NM P NM NM NM NM NM NM NM P AGENDA RCVD MINUTES RCVD NM NM NM NM NM NM x x NM NM NM NM NM NM NM NM NM NM NM NM NM NM x x ADVISORY BOARD APPLICATION INTERNAL USE ONLY CITYf CAPE GIRARDEAU OBoard: Board of Adjustment Date Appointed: 05/05/2025 •'}�..:��"• 44 N. Lorimier St., Cape Girardeau, MO 63701, 573-339-6320 ARA�� Name Primary Phone Jordan Druiw Address Secondary Phone 2466 Benton Hill Road City, State Zip Ward: Number of Years as a City of Cape Girardeau Resident Cape Girardeau. MO 63701 6 48 E-Mail Address .iordandruly umidamcorp.com Current Employer and Position Vice President of Real Estate & Development for Midamerica Hotels Corn Number in priority order the Board(s) you are interested in serving on Airport Advisory Board Board of Adjustment Board of Appeals Convention & Visitors Bureau Advisory Board Golf Course Advisory Board Historic Preservation Commission Liquor License Review Board Parks & Recreation Advisory Board Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for Specific Board(s) (Include Past Board Service): Citizen Academy Graduate : LJ Yes x�No currently serve as Vice President of Real Estate & Development for Midamerica Hotels Corp. I am also a member of the national VFW Foundation board of directors. LC41)L, 5)11J) C(,,g cf Oc) I State Why You Are Interested in Serving on The Board(s): I'm interested in joining the Board of Adjusters because I want to ensure fair and balanced decision-making when it directly impacts the well-being of 01.11• c0mtn1.11iity. I'm drawn to the board's role in interpreting zoning ordinances with both consistency and common sense, recognizing that each decision carries significant weight for residents and property owners. I bring a strong sense of civic responsibility, attention to detail, and a commitment to thoughtful, equitable decision-making. Serving on this board is an opportunity to contribute meaningfully to the continued development of Cane Girardeau Educational Background and Experience: BS In Criminal Justice Administration and an MBA / Finance from Louisiana State University Community Activities: I have served on many committees and boards over my tenure with Midamerica Hotels and Burger King. I come from a long line of citizens who value Capes' continued advancement and development, and I only want what is best for the City, its citizens, and its businesses See regular meeting times on second page. Would you like to receive news from the City via e-mail/blog? x❑ Yes ❑ No I hereby certify that all statements in this application are true. If appointed, I agree to serve and attend meetings regularly. I understand and agree that absence from three (3) consecutive meetings or four (4) absences in any twelve (12) consecutive months will result in my position being deemed vacant. I will immediately notify the City Clerk's Office if my residential address changes. Signed: Submitted Electronically Board Member Applications are valid for one year from the date signed RETURN APPLICATION TO: City Clerk's Office, 44 N. Lorimier Street, Cape Girardeau, MO 63701 E-mail to cityclerk@cityofcape.orB Date Submitted: 3/26/2025 Date Renewed: ADVISORY BOARD APPLICATION .oV�•� 1 ` r9; CITY Of CAPE GIRARDEAU •"��`�� 401 Independence, Cape Girardeau, MO 63702-0617, 573-339-6320 INTERNAL USE ONLY Board: Board of Adjustment Date Appointed: 04/15/13 Name Daytime Phone Dave Hinton Address Evening Phone 2620 Kent Dr City, State Zip Mobile Phone Cape Girardeau, MO 63701 573-979-0868 E -Mail Address Number of Years As Resident davelesa@charter.net 63 Current Employer and Position Retired Number in priority order the Board(s) you are interested in serving on. Airport Advisory Board Parks & Recreation Advisory Board 1 Board of Adjustment Planning & Zoning Commission Board of Appeals Public Library Board Board of Examiners River Campus Board of Managers Girardeau Goes Green Advisory Board Show Me Center Board of Managers Golf Course Advisory Board Special Business District Advisory Commission Historic Preservation Commission Tree Board Special Qualifications for Specific Board(s) (Include Past Board Service): Previous 20 year member of Board of Adjustments. 12 years experi ence in construction and land development. Electrical and contractors licenses (not currently active). 15 years working for land surveyor part-time. State Why You Are Interested in Serving On This Board: I have a desire to serve my community. I want to see the Ciry grow and maintain standards we all can b proud of. Educational Background and Experience: Graduate of Cape Central and Southeast Missouri State University. Community Activities: 20 years on the Board of Adjustments previously. Past Treasurer for the Knights of Columbus 11205 7 years as assistant scout master Troop 5 VFW. Meeting time(s) convenient for you: (Please check one in A and one in B) A. ❑ Weekly ❑ Monthly ❑■ Anytime B. ❑ Morning ❑ Noon ❑ Afternoon ❑ Evening ❑■ Anytime Would you like to receive news from the City via e-mail/blog? ❑ Yes ❑■ No By signing this document, you agree to serve and attend meetings regularly. Absence from three (3) consecutive meetings or four (4) absences in any twelve (12) consecutive months will result in your position being automatically forfeited on the board or commission. Signed Date Submitted: 2/7/2013 Board Member Applications are valid for one year from the date signed. Date Renewed: 8/25/2025 RETURN APPLICATION TO: City Manager's Office, P. O. Box 617, Cape Girardeau, MO 63702-0617, Fax 573-339-6302 E-mail to cityclerk@cityofcape.org INTERNAL USE ONLY ok�P4` q ADVISORY BOARD APPLICATION Board: ,„ ar CITY Of CAPE GIRARDEAU Date Appointed: _ 401 Independence, Cape Girardeau, MO 63702-0617, 573-339-6320 Name Primary Phone C. Donald Harris 5735768664 Address Secondary Phone 1616 Mississippi City, State Zip Ward: Number of Years as a City of Cape Girardeau Cape Girardeau, MO Ward 5 Resident E -Mail Address fb5575@outlook.com Current Employer and Position Semi -retired History Instructor Number in priority order the Board(s) you are interested in serving on. Airport Advisory Board Board of Adjustment Board of Appeals Convention & Visitors Bureau Executive Board Golf Course Advisory Board Historic Preservation Commission Liquor License Review Board Parks & Recreation Advisory Board Planning & Zoning Commission Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission Tree Board Special Qualifications for Specific Board(s) (Include Past Board Service): Citizen Academy Graduate : U Yes U No Citizen Police Academy Graduate ❑ Yes ❑ No I am currently an Adjunct History Professor at the MAC Extension Center in Cape Girardeau. I worked in the Cape Girardeau Public School System from 2007-2015. I am also a retired State of Missouri Worker with almost 25 years of experience. State Why You Are Interested in Serving on The Board(s): I want to serve the people of Cape Girardeau to help it reach it's potential. Educational Background and Experience: I have a B.S in Education from Southeast Missouri State University that I received in 1980. 1 also received a M.A. in History from Southeast Missouri State University in 1994. Community Activities: I have been officiating track and field and cross country at Southeast Missouri State University and local high schools for several years. See regular meeting times on second page. Would you like to receive news from the City via e-mail/blog? ❑■ Yes ❑ No I hereby certify that all statements in this application are true. If appointed, I agree to serve and attend meetings regularly. I understand and agree that absence from three (3) consecutive meetings or four (4) absences in any twelve (12) consecutive months will result in my position being deemed vacant. I will immediately notify the City Clerk's Office if my residential address changes. Signed: ://Electronically Date Submitted: 02/22/24 Board Member Applications are valid for one year from the date signed. Date Renewed: 02/05/2025 RETURN APPLICATION TO: City Clerk's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617, Fax 573-339-6302 E-mail to cityclerk@cityofcape.org Staff: Gayle Conrad, Director of Citizen Services/City Clerk Agenda: September 2, 2025 TITLE Advisory Board Minutes SUMMARY Planning & Zoning Commission GENERAL DIRECTION ATTACHMENTS MEMORANDUM Cape Girardeau City Council • Planning and Zoning Commission Minutes 08-13-25 - Draft.pdf CITY Of CAPE GIRARDEAU PLANNING & ZONING COMMISSION PLANNING & ZONING COMMISSION MEETING MINUTES August 13, 2025 City Hall — Council Chambers 44 North Lorimier Street Commission Members Present: Trae Bertrand, Scott Blank, Kevin Greaser, Robbie Guard, Gerry Jones, Chris Martin, Nick Martin, Emily McElreath Commission Members Absent: Derek Jackson Staff Present: Carol Peters, Trevor Pulley, Ryan Shrimplin Call to Order Chairman Blank called the meeting to order at 5:30 p.m. Approval of Minutes A motion was made by Mr. Bertrand and seconded by Mr. Greaser to approve the minutes of the July 9, 2025 meeting as submitted. The motion passed by a unanimous vote. REZONINGS. SPECIAL USE PERMITS. AND EXCEPTIONS 1. Chairman Blank announced that the public hearing on the request of Forefront Enterprises to rezone property located at 2000 Old Sprigg Street Road from R-1 (Single -Family Suburban Residential District) to R-4 (Medium Density Multifamily Residential District) would not be held because the applicant recently withdrew its request. 2. A public hearing was held on the request of Hubbard Enterprises, LLC to rezone property located at 538 and 542 South Ellis Street and 549 South Sprigg Street from R-3 (High Density Single -Family Residential District) and C-1 (General Commercial District) to CBD (Central Business District). Chairman Blank recused himself from the discussion and vote due to a financial conflict of interest. Mr. Zach Mabery, Site Development Manager for Hubbard Enterprises, presented the request. He explained that the property needs to be rezoned in order to allow a proposed commercial development. Mr. Shrimplin explained that the property consists of two parcels separated by a public alley. A petition has been submitted to vacate the portion of the alley between the parcels. The rezoning is being requested now in order to have the new zoning in place by the time the alley is vacated. Per the Zoning Code, once a public street or alley is vacated, the zoning of the adjacent parcels is automatically extended to include the vacated area. Mr. Mabery stated that the purchase of the property is contingent upon approval of the rezoning request. Mr. Jones asked if the vacation would impact access for other property owners along the alley. Mr. Mabery stated that it would not impact access for the other owners. Mr. Greaser stated that a new development in this area would be good for the community. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 13, 2025 Page 2 of 3 Vice Chairman Nick Martin opened the public hearing. Seeing no appearances to speak, he 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. Bertrand and seconded by Mr. Guard to recommend approval of the rezoning request. The motion passed by a roll call vote of 7 in favor, 0 in opposition, and 1 abstaining (Aye: Bertrand, Greaser, Guard, Jones, C. Martin, N. Martin, McElreath; Abstain: Blank). SUBDIVISION PLATS 3. The record plat of Park West Hospitality Center No. 6 Subdivision was reviewed by the Commission. Ms. Melanie Cantrell, Midamerica Hotels Corporation, presented the request. She stated that the plat subdivides the Hampton Inn lot to create an additional lot. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Mr. Greaser and seconded by Mr. Bertrand to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed by a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Bertrand, Blank, Greaser, Guard, Jones, C. Martin, N. Martin, McElreath). 4. The record plat of Midamerica Crossings Fifth Subdivision was reviewed by the Commission. Ms. Melanie Cantrell, Midamerica Hotels Corporation, presented the request. She stated that the plat subdivides a lot to create a new lot next to the Acee's Convenience Store on Veterans Memorial Drive. A staff report was submitted to the Commission, which recommended approval of the record plat, subject to staff's comments being successfully addressed. A motion was made by Mr. Greaser and seconded by Mr. Chris Martin to recommend approval of the record plat, subject to staff's comments being successfully addressed. The motion passed by a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Bertrand, Blank, Greaser, Guard, Jones, C. Martin, N. Martin, McElreath). OTHER ITEMS AND COMMUNICATION 5. Chapter 30 Amendment Regarding R-4, Medium Density Multifamily Residential District Mr. Shrimplin presented a proposed amendment to the R-4, Medium Density Multifamily Residential District section of the Zoning Code (Chapter 30 of the City's Code of Ordinances). He explained that the amendment increases the maximum density from 18 units per one acre to 20 units per one acre. The amendment is based on input received from the development community, specifically those that develop multifamily projects. Staff reviewed the Zoning Code and noted that the maximum density in the R-5, High Density Multifamily Residential District is 30 units per one acre — a large step up from the R-4 maximum density of 18 units per one acre. There are only a few R-5 zoned properties in the city. A vast majority of the multifamily properties are zoned R-4. Although development costs have increased across the board, multifamily projects have become especially more expensive. Developers are seeking ways to offset increased costs in order to maintain the level of return on their investments. Increasing the R-4 maximum density to 20 units per one acre represents a small but significant benefit for developers. It allows them to build additional units without having to acquire additional land. The increase also reduces the large step between the R-4 and R-5 maximum densities, making it less likely that developers will pursue rezoning to R-5. He noted that the amendment also corrects some erroneous section references. City of Cape Girardeau Planning & Zoning Commission Meeting Minutes August 13, 2025 Page 3 of 3 The Commission members discussed the differences between the R-4 and R-5 districts, noting that the minimum lot area, minimum lot width, and setback requirements were the same. Mr. Pulley stated that staff researched the multifamily density regulations of other municipalities in the area, and the amendment would bring Cape Girardeau closer in line with them. Mr. Jones stated that the difference between 18 units per one acre and 20 units per one acre would not make or break a project. Mr. Greaser stated that, on the one hand, the City has seen opposition to recent rezoning requests for R-4 due to concerns about increases in crime and traffic. Increasing the R-4 maximum density would only amplify those concerns. On the other hand, he has heard that there is a lack of affordable housing in the city. Mr. Guard stated that he feels more housing is needed, but the City needs to determine what type(s) of housing should be supported. A motion was made by Mr. Guard and seconded by Mr. Bertand to recommend approval of the amendment as submitted. The motion passed by a roll call vote of 8 in favor, 0 in opposition, and 0 abstaining (Aye: Bertrand, Blank, Greaser, Guard, Jones, C. Martin, N. Martin, McElreath). Commission Communication Chairman Blank invited the Commission members to attend a ribbon cutting ceremony on September 3, 2025 at 1:30 p.m. at the new Police Substation at 629 Good Hope Street. Staff Communication Mr. Shrimplin expressed condolences to Mr. Jones on the recent passing of his father. 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 July 21, 2025: Park West Hospitality Center No. 4 Subdivision Record Plat — 2nd & 3rd Readings Park West Hospitality Center No. 5 Subdivision Record Plat — 2nd & 3rd Readings Mr. Shrimplin and Mr. Greaser thanked the Commission members for their efforts in educating the public about the water system ballot measure, which voters approved on August 5, 2025. Adjournment There being no further business, the Commission voted unanimously to adjourn the meeting at 6:10 p.m. upon a motion made by Mr. Bertrand and seconded by Mr. Nick Martin. Respectfully submitted, Chris Martin, Secretary