Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Council.Agenda.01-10-2011.Packet
CITY COUNCIL REGULAR MEETING AGENDA Monday, January loth, 2011 CAPE GIRARDEAU, MISSOURI Harry E. Rediger, Mayor John Voss, Ward 1 Meg Davis Proffer, Ward 2 Debra Tracy, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Kathy Swan, Ward 6 Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www.cityofcapegirardeau.org Monday, January 10, 2011 Study Session 5:00 p.m. Items for Discussion • Planning & Zoning Commission Report —Bill Hinckley • Discussion and decision regarding "items not on the agenda" — Harry Rediger • Appearances regarding items not on the agenda • Agenda review No action will be taken during the study session Closed Session Following Study Session Items for Discussion: • None The City Council of the City of Cape Girardeau, Missouri, may, as a part of a study session or regular or special City Council meeting, hold a closed session to discuss legal actions, causes of legal action or litigation, leasing, purchasing or sale of real estate, hiring, firing, disciplining, promotion of personnel, employee labor relations, or confidential or privileged communications with its attorneys. Specifically, the City Council will hold a closed session to discuss legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). pl'�I 11 ,o P� (a )��). City Council Agenda Page 2 January 10, 2011 Regular Session 7:00 p.m. Invocation — Reverend Dan Johnson, Evangelical United Church of Christ Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations • None Communications/Reports • City Council • City Manager and Staff Public Hearings 1. A public hearing to consider the request of the City of Cape Girardeau to rezone the property located at 225, 226, 229, 230 and 234 North Sprigg Street and 625 and 701 Bellevue from the RUMD, Residential Urban Mixed Density District, to the CBD, Central Business District. (Agenda Item No. 14, BILL NO. 11-05) Report No. 11-007 2. A public hearing to consider the request of IOC -Cape Girardeau, LLC to rezone approximately 23 acres located at approximately 800 North Spanish Street to the PD, Planned Development District, and to approve a Preliminary Development Plan. (Agenda Item No. 15, BILL NO. 11-06) Report No. I 1-008 Appearances Individuals who wish to make comments regarding items scheduled on the agenda must first be recognized by the Mayor or Mayor Pro Tem. Each speaker is allowed 5 minutes and must state his/her name and address for the record. The timer will buzz at the end of the speaker's time. 0 Items listed on the agenda City Council Agenda Page 3 January 10, 2011 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. 3. Approval of the following City Council minutes • December 20, 2010, regular and closed sessions 4. BILL NO. 10-180, an ordinance authorizing the City Manager to execute a Transportation Enhancement Funds Program Agreement with the Missouri Highways and Transportation Commission for the South Side Trail Connection Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. Report No. 10-247 5. BILL NO. 10-181, an Ordinance calling an election in the City of Cape Girardeau, Missouri, on the question of issuing sewerage system revenue bonds. Second and Third Readings. BILL NO. 10-182, an Ordinance calling an election in the City of Cape Girardeau, Missouri, on the question of whether to extend the present one-quarter of one percent Capital Improvement sales tax for the purpose of funding capital improvements. Second and Third Readings. Report No. 10-248 6. BILL NO. 10-183, an Ordinance approving the record plat of Julie Subdivision No. 5. Second and Third Readings. Report No. 10-249 7. BILL NO. 10-184, an Ordinance amending Schedule F of Section 26-247 of the City Code, by establishing a no parking zone on a portion of Pacific Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. Report No. 10-250 S. A motion accepting the City Audit for the fiscal year ending June 30, 2010, prepared by Beussink, Hey, Roe, Seabaugh and Stroder, L.L.C. Report No. 11-001 City Council Agenda Page 4 January 10, 2011 9. BILL NO. 11-01, a Resolution authorizing the City Manager to execute Addendum No. 2 to Amendment No. I to the General Engineering Services Agreement with Horner & Shifrin, Inc., for the Cape Girardeau Levee System Certification, in the City of Cape Girardeau, Missouri. Reading and Passage. Report No. 11-002 10. BILL NO. 11-02, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement with Atlas Plastics Corporation, d/b/a Spartech Plastics, Fred R. Wilferth and Judith R. Wilferth to maintain existing structures located on Spartech Drive right-of-way in the -City of Cape Girardeau, Missouri. Reading and Passage. Report No. 11-003 11. Conditional approval of a retail liquor by the drink and Sunday sales license for Erin M. Bragg, d/b/a Dino's Pizza, 1034 Broadway. Report No. 11-004 Items Removed From Consent Agenda New Ordinances 12. BILL NO. 11-03, an ordinance calling a special election in the City of Cape Girardeau, Missouri, on the question of whether to adopt an Initiative Ordinance known as the "Cape Girardeau Smoke -Free Air Act" to prohibit smoking in indoor workplaces and public places; designating the time of holding the election; authorizing and directing the City Clerk to give notice of the election. First, Second and Third Readings. Report No. 1 1-005 13. BILL NO. 11-04, an Ordinance authorizing the City Manager to execute a Federal Aid Program Agreement with the Missouri Highways and Transportation Commission for the extension of the Riverwalk Trail along the Mississippi River, in the City of Cape Girardeau, Missouri. First Reading. Report No. 11-006 14. BILL NO. 11-05, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of properties located on North Sprigg Sheet and Bellevue Street, in the City and County of Cape Girardeau, Missouri, from RUMD to CBD. First Reading. Report No. 11-007 15. BILL NO. 11-06, an Ordinance amending Zoning Regulations of the City of Cape Girardeau by establishing a Planned Development District pursuant to the City of Cape Girardeau Zoning Ordinance and approving the application and revised Preliminary Development Plan for a proposed casino complex. First Reading. Report No. 11-008 City Council Agenda Page 5 January 10, 2011 Appointments None Other Business 15. BILL NO. 11-07, a Resolution approving the January 1, 2011, Debt Statement of the City of Cape Girardeau, Missouri. Reading and Passage. Report No. 1 1-009 Meeting Adjournment Memos • 2011 Missouri Sales Tax Holidays Memo No. 11-01 • Appointments to the Golf Course Advisory Board. Memo No. 11-02 • Appointment to the Historic Preservation Commission. Memo No. 1 1-03 Advisory Board Minutes: • Public Library Board of Trustees, November 18, 2010 • Golf Course Advisory Board, December 9, 2010 • Tree Advisory Board, December 13, 2010 PUBLIC HEARINGS CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Special Use Permit/Rezoning File No. 1247 Address of Property 225, 226, 229.230, 234 N. Sprigg St. 625, 701 Bellevue Staff Review and Comments: It is the request of the City of Cape Girardeau rezone the above mentioned properties from the RUMD (Residential Urban Mixed Density) District to the CBD (Central Business) District. Most of these properties are currently being used for commercial purposes which is consistent with the uses permitted by right in the Central Business District. The Comprehensive Plan recommends Downtown Commercial uses for this property. yYla�jv�u (l 30 fo Planning Supervisor Date •. Y Y Y Y Y Y Y Y Y Y Y..... Y Y. Y Y Y Y Y Y Y ..................... YYY\YY. Y Y. Y Y Y Y. Y . Y Y Y Y Y Y Y Y Y Y Y . City Manager /'--/-7v Date •..•YY..YY•Yi1'.l.••••...••.••.••....•.............. Y.. Y. Y...... Y... Y•.••••••••1 Posting Date for Planning and Zoning Commission Public Hearing: 17- -1 - 10 ................................ Y......•••.•••...•.••.•.••.• • •.•......... 1 Plannina, and Zoning Commission Recommendations: •............................................•............. u+................i Posting Date for City Council Public Hearing: I Z - ZI - 10 ...................................................... • ...............1 Council Action: Favor: Oppose: Abstain: Revised 327/08 CITY OF CAPE GiRARDEAU PLANNING AND ZONING COMMISSION ACTION Request for Rezoning Recommended Action: That the request of the City of Cape Girardeau to rezone the property located at 225, 226, 229, 230, and 234 N. Sprigg Street, and 625, and 701 Bellevue from the RUMD (Residential Urban Mixed Density) District to the CBD (Central Business) District, be recommended for approval. The vote count on the motion to approve was: Vote Count: Favor — 6 Oppose — 0 Abstain — 2 Date Recommendation Made: December 8, 2010 Comments: Ken Eftink commented that this area was zoned to the RUMD (Residential Urban Mixed Density) District however this was identified as a concern. The City is recommending that the area be rezoned to the CBD (Central Business) District. Citizens commenting at meeting: None. Chairman — William T. Hinckley City of Cape Girardeau Rezoning/Special Use Permit Application X Rezoning or ❑ Special Use Permit (Please check one) SECTION A 1. Description of project: Rezoning of areas in order to accommodate existing land uses and achieve logical land uses consistent with the goals of the Comprehensive Plan, 2. Street address of tract (or other location description): 234 N. Sprigg Street 625 Bellevue 230 N. Sprigg Street 226 N. Sprigg Street 701 Bellevue 229 N. Sprigg Street 225 N. Sprigg Street 3. Names and addresses of all legal owners of tract: 234 N. Sprigg Street — Little Hopper, LLC, 234 N: Sprigg Street 625 Bellevue — James Allen, 625 Red Bud Circle 230 N. Sprigg Street — Thomas Meyer, 1620 Ridgeway 226 N. Sprigg Street—Timothy Ruddy, 1222 Normal 701 Bellevue — Daniel P. Finch, 701 Bellevue 229 N. Sprigg Street— Daniel P. Finch, 701 Bellevue 225 N. Sprigg Street— Matthew P. Zoellner, 735 Watkins 4. Present zoning classification: RUMD 5. Requested new zoning classification: CBD 6. Requested special use: N/A 7. Person handling this application (name, address, phone number): Martha Brown Planning Services City of Cape Girardeau 4011ndependence Cape Girardeau, Mo. 63703 339-6326 Revised 9/17/10 Page 1 of City of Cape Girardeau Rezoning/Special Use Permit Application 8. If tract is to be transferred, name and address of intended owner: N/A For Office Use Only: Date Received in Planning Services Office: Received by: 9. 1 STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date SECTION 13 1. Legal description of tract: Please attach a copy of the latest deed to the property. (If you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 inches by 17 inches, showing the following (if you do not have a surveyors plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office, 573- 243-3123, in the County Administration Building in Jackson): a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and comering property lines and references to all owners listed in Section c. f. If requesting to rezone to the Planned Development District, please refer to the specific application requirements in Section 30-341 of the Zoning Ordinance. Revised 9/17/10 Page 2 of 4 City of Cape Girardeau Rezoning/Special Use Permit Application SECTION C List names and addresses of ALL adjoining landowners and neighbors that you have contacted directly in regard to the requested rezoning or special use permit. Include land which corners on your tract or which is across streets or alleys as adjoining properties. (This information can be obtained from the County Mapping and Adjoining Property Owners • North Sprigg Street Area to be Rezoned Property Address Owner Mailing Address city ST Zip 225 North Ellis Shiloh, LLC PO BOX 291 CAPE GIRARDEAU MO 63701 724 Broadway Karim Mansouri 4B Long Shoals Rd #214 Arden NC 28704 230 North Ellis Shiloh, LLC, PO Box 291 Cape Girardeau MO 63702 210 N Sprigg 1 212 N Sprigg Jana B & Randy Thompson 410 E Commercial Charleston MO 63834 221 N Sprigg Lee P & Cassandra G Scott Ux 221 N Sprigg Cape Girardeau MO 63701 616 Broadway Gary W Rust Trust 250 Birdsong Ln Cape Girardeau MO 63701 632 Bellevue Peter Hilly Family Trust 632 Bellevue Cape Girardeau MO 63701 622 Bellevue Austin Apartments LLC 350 County Highway 327 Benton MO 63736 630 Bellevue Stephen L & Terry L Moore Ux 2038 Woodland Hills Dr Cape Girardeau MO 63701 618 Bellevue Richard E Cochran Investment 2521 Jonquil Cape Girardeau MO 63701 700 Bellevue Centenary United Methodist Church 300 N Ellis Cape Girardeau MO 63701 727 Bellevue Walter S Drusch Jr & Harriet R Drusch Ux 1029 Cathy Dr Jackson MO 63755 615 Bellevue Lois J Kasten PO Box 129 Cape Girardeau MO 63702 Please attach additional sheets if necessary SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. These properties are currently being used for commercial purposes, consistent with the uses permitted by right in the Central Business District (CBD). 2. If this is an application for a special use permit, you need to be aware that the Planning and Zoning Commission and the City Council can place limitations on the permit such as the period for which it will be effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider in this regard. I Revised 9117110 Page 3 of 4 City of Cape Girardeau Rezoning/Special Use Permit Application 3. Is a transfer of ownership of the tract dependent upon the approval of this application, or will a transfer occur If this application is approved? 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken by the City Council. If you are unsure as to whether or -not an application was previously made, please contact the Division of Planning Services Office for assistance. These properties were rezoned from the C-1 District to the RUMD District when the new zoning map was approved in March, 2010. 5. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. Th6 existing commerical uses on these properties are consistent with the Central Business District (CBD) land uses and should be allowed to continue in a legally conforming manner. The Comprehensive Plan also recommends Downtown Commercial uses for these properties. Revised 9/17/10 Page 4 of 4 Agenda: January 10, 2011 Staff: Ken Eftink, Assistant City Manager/ Development Services Director SUBJECT Request to rezone the property located at 225, 226, 229, 230, and 234 North Sprigg Street, and 625, and 701 Bellevue from the RUMD (Residential Urban Mixed Density) District to the CBD (Central Business) District. EXECUTIVE SUMMARY This rezoning is being initiated by the City since most of the properties in this area are being used for commercial purposes. BACKGROUND/DISCUSSION It is the request of the City of Cape Girardeau to rezone the properties located at 225, 226, 229, 230, and 234 North Sprigg Street, and 625 and 701 Bellevue from the RUMD (Residential Urban Mixed Density) District to the CBD (Central Business) District. The majority of these properties are currently being used for commercial purposes, and the Central Business District would allow the existing commercial uses. The future land use plan recommends downtown commercial uses for this property. STAFF RECOMMENDATION Staff recommends that the Council approve the request to rezone the properties located at 225, 226, 229, 230, and 234 North Sprigg Street, and 625 and 701 Bellevue from the RUMD (Residential Urban Mixed Density) District to the CBD (Central Business) District. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of this request at their meeting on December 8, 2010 with a vote of 6 in favor, 0 in opposition, and 2 abstaining. The two Commissioners abstaining were Scott McClanahan and Ralph Maxton for financial reasons. ATTACHMENTS • BILL NO. 1 I-05, Ordinance for rezoning • Staff Review Form • Planning and Zoning Action Form • Rezoning Application • Zoning Map • Future Land Use Map • Aerial Map Future Land Use Map of North Sprigg Rezoning i� Residential Division of Planning Sen November 30, 2010 Request to Rezone from the RUMD (Residential Urban Mixed Density) District to the CBD (Central Business) District The Future Land Use Plan nmends Downtown Commercial St Legend — Streets Parcels OProposed Rezoning Future Land Use ® High Density Residential ® Mixed Use Downtown Commercial Institutional Aerial Map of North Sprigg Rezoning _,_. v a ) Request to Rezone from the r RUMD (Residential Urban Mixed Density) Distnct to the fa- �� CBD (Central Business) District The Future Land Use Plan recommends Downtown Commercial t Uses for this property W!..,: L'. = I jj..„„1 # ry ,.-.'►rte I , i jl Yl }y r V i I t t i I r i - r r � � I Ir — u F Legend Division of Planning Services ; Streets November 30, 2010 s '. ;'�. ✓ ,i ._ - yr-- , . 0 Parcels ^,Fj 1 i+ -- 0 75 150 300 Fee Proposed Rezoning Agenda: January 10, 2010 staff: Kelly Green, City Engineer SUBJECT A Public Hearing for the Isle of Capri (IOC) — Cape Girardeau rezoning application to the Planned Development (PD) District and Preliminary Development Plan, and an Ordinance approving the rezoning of the property to the PD district and the revised Preliminary Development Plan. EXECUTIVE SUMMARY The Isle of Capri (IOC) — Cape Girardeau is requesting to rezone 23.24 acres along N. Main Street and N. Spanish Street to the Planned Development (PD) district. A revised Preliminary Development Plan (PDP) has been submitted which indicates all requested uses and the general phasing of the development. The Planning and Zoning Commission held a Public Hearing on the rezoning request and the PDP on December 8, 2010, after which the Commission voted to recommend approval of the rezoning and the PDP. At the time of the Public Hearing before the P & Z Commission, the applicant indicated that they were examining a potential revision in the location of the main casino building on the property. The applicant has submitted a revised PDP which shows this revision and is the subject of the Public Hearing before the Council. The attached ordinance would approve the rezoning of the property to the PD district and approve the revised PDP with conditions. A Final Development Plan (FDP) has been submitted for the first phase of the development which is being considered by the P & Z Commission at their January meeting and will be forwarded to the Council with a recommendation for your January 25`h meeting. Additionally, a preliminary plat has been submitted by the applicant which will be considered by the P & Z Commission at its January meeting and forwarded to the Council with a recommendation for your January 25`h meeting. BACKGROUND/DISCUSSION The rezoning request to the PD district and the revised PDP include a re -alignment of N. Main Street to the west so that it connects with Bend Road to the north. The main casino building is shown on the eastern portion of the property, with parking areas to the south and west of the building. The main entrance to the development is shown opposite N. Spanish Street. This intersection will include a traffic signal. The applicant indicates that the first phase of the development will include a building with approximately 160,000 square feet. This building will include the casino gaming floor, offices, banquet facilities/theater, restaurants and bars including outdoor eating and drinking facilities, and small medical and banking facilities. The revised PDP shows the required bufferyard areas to protect adjacent residential areas and a dedicated open space area adjacent to the Reynolds House property. The revised PDP also indicates where Phase 2, 2A, 2B and 2C development will occur and what uses will be included in those future phases. The applicant has indicated that Phase 2 development will include a hotel which may be 15 stories in height, or a maximum of 150 feet. The hotel will be located adjacent to the main building. The applicant has indicated that the construction of the main building in Phase 1 will include the footings and ground work necessary for the hotel building. The application for the PD zoning and revised PDP indicate that several other uses may be included in future phases of the development including campground facilities, health and fitness centers, microbreweries, retail and Proceedings of the City Council, City of Cape Gi Regular Session December 20, 2010 REGULAR SESSION — DECEMBER 20, 2010 The Cape Girardeau City Council convened in regular session on Monday, December 20, 2010, at 7:00 p.m., with Mayor Harry E. Red igerpresiding and Council MembersMeg Davis Proffer, Mark Lanzotti, Loretta Schneider, Kathy Swan and John Voss present. Council Member Debra Tracy was absent. Prior to the regular session, the City Council convened in closed session for purposes of discussing legal actions, causes of legal action or litigation, property acquisition and personnel pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swamnd Voss. Nays, none. Reverend Phil Roop, of Bethel Assembly of God, presented the invocation, and the Pledge of Allegiance was recited. Mayor Rediger recognized Will Kapp, of the Boy Scouts of America Troop 8, Phillip Grantis, of Troop 4, and Sara Mitrucker, of Venturing Crew 4216, who were attending the meeting as part of the reluirements for earning a merit badge. The agenda was approved as distributed upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. PRESENTATIONS Mayor Rediger presented a plaque to Fire Battalion Chief Steve Niswonger to commemorate his retirement after 33 years of service to the City of Cape Girardeau, serving both the Police and Fire Departments. Mr. Niswonger commented on his service and thanked the Council and City management for their leadership. COMMUNICATIONS/REPORTS Mr. Lanzotti reported on the success of the International Council of the Aeronautical Sciences (ICAS) Conference in Las Vegas, Nevada last week. The 2010 Cape Girardeau Regional Air Festival was discussed, including oversight, safety, planning and implementation. Airport Manager Bruce Loy said that there were 1,550 delegates at the ICAS Conference. The Cape Girardeau Regional Airport received the Best Supporting Airshow award from the U.S. Army's Golden Knights' Gold Team. The award is determined by the air show's support manual, safety issues and hospitality. Mr. Loy expressed his appreciation to the volunteers, especially Mr. Mark Seesing, for all their work. Mr. Lanzotti announced that the City is working on installing and implementing a Frisbee golf course in Capaha Park. Southeast Missouri State University had put the course in place with some other sponsors, including the Park and Recreation Advisory Board and Foundation. Mr. Voss discussed the Enhanced Enterprise Zone (EEZ) forming in the Cape Girardeau County area. He said this was a way for local entities to encourage businesses to expand or relocate to the area and receive tax abatement on additional real estate infrastructure improvements. The EEZ is being developed to offer a 50% abatement over 10 years on incremental increases for new or expanded business. He said there are currently 80+ zones in existence, with another 40+ being created now. Proceedings of the City Council, City of Cape GirardD� Regular Session December 20 2010 Mr. Voss announced a Public Hearing on Wednesday, December 29, 2010 at the Osage Centre. Citizens can attend the hearing and learn more about Enterprise Zones and provide comments before submissions are made to the State to create the Enhanced Enterprise Zone. A Board of -Directors will manage the Zone, and the school-district.will have representatives on the -Board. Mr. Voss said that the Enhanced Enterprise Zone is one of the tools available to try to create additional jobs in the area. A map of the area has been drawn and will be available at the December 29 meeting. Mrs. Swan questioned the difference between the Enhanced Enterprise Zone and other Enterprise Zones, and whether Cape Girardeau County has any Enterprise Zones at this time. Mayor Rediger said that the County had an Enterprise Zone. Mr. Mitch Robinson, of the Cape Girardeau Area MAGNET, said that the old Enterprise Zone expired in 2003. The State created a new Enhanced Enterprise Zone in 2005, and 86 zones have been added in Missouri. The old Enterprise Zone had been revised and updated in this program to provide tax abatement to communities. City Manager Scott Meyer announced that the Cape Girardeau Police Department had been named Outstanding Agency of the Year by the State-wide Special Olympics. He said the Police Department had the greatest increase in donations, and he congratulated and thanked Corporal Adam Glueck for his outstanding efforts. Mayor Rediger said that certain events for the Special Olympics State Championships will be held in Cape Girardeau wer the next three years Mr. Meyer noted that the City had been awarded a $110,000 grant for the Housing Economic Recovery Ownership HERO) program for repairson qualifying homes in the City. 11 Mr. Meyer said that the City had met with the developer and principals of the Show Me Smile Development. They openly discussed the whole proposal, and the issues with the developers and the Department of Economic Development All of the issues were not settled, but they are working on it. Everything will be legal when this is done and all State requirements will be met. No City money was used on this project. Mr. Meyer discussed placing funding for the wastewater treatment facility on the ballot. He said that the City had been asked about the funding for the facility and about why it is costing much more than early estimates. Several years ago, the City had looked into expanding and updating the current facility, then the area began to develop sinkholes and the City could not expand without compromising the foundation. The foundation at the new facility must be built to withstand an earthquake, and the foundation will comprise 25-30% of the project cost. An engineer has been hired to review the design, structure, and operability of the new facility to reduce costs. The City has also been asked how the current facility is not in compliance with State regulations. He said that 50 years ago it was acceptable to allow sewage to run into the river, but now it is not an acceptable practice, and every gallon of water that infiltrates the sewer system inust be treated. If the wastewater facility is not in compliance, theCity will be heavily fined, so there is no choice but to construct a new wastewater treatment facility. APPEARANCES Mr. Don Howard, of 1100 Ranney Avenue, appeared before the Council and stated that previous Councils should have looked into the issue of the wastewater treatment facility. He said that instead of putting all the City's sales tax revenues into the Transportation Trust Fund 4 (TTF4) and the parks/stormwatersales tax, the City could have applied that money toward this need and paid the debt off sooner. Cape Girardeau may have one of the lowest sewer rates in the State of Missouri, but not everyone has the money to pay increased rates. This is a minimum wage town government buildings. The revised PDP also includes details regarding signage for the property. The applicant is requesting approval of signs which do not meet the standards of the Article V of Chapter 25 of the City Code, including approval of two freestanding signs at the entrance to the development and two wall signs that extend above the rooffine of the building. Additionally, a large video display board is shown on the west wall of the Phase 1 building. The attached Ordinance approves the rezoning of the property to the Planned Development (PD) district and approves the revised Preliminary Development Plan (PDP). This approval includes the following conditions: • Subsequent phases of development may require the applicant to make improvements to the public infrastructure systems, including but not limited to streets, water lines, sewer lines and stormwater systems to the extent necessitated by the future phase of development. • Structures shall be constructed to the applicable building and fire codes in effect at the time the City approves the building plans • An ingress -egress casement shall be granted to the City to ensure access to the pump station and lift station property from Main Street. Additionally, the attached Ordinance would approve the signage plan that is included in the revised PDP. FINANCIAL IMPACT The proposed development would add a significant number of both temporary construction and permanent jobs to the City's economy, as well as revenue from the gaming operations. STAFF RECOMMENDATION The staff recommends approval of the requested rezoning to the Planned Development district and the revised Preliminary Development Plan. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of the rezoning to the Planned Development district and the original Preliminary Development Plan at their December 8, 2010 meeting. PUBLIC OUTREACH A Public Hearing regarding the proposed rezoning to the Planned Development district and the Preliminary Development Plan was held by the Planning and Zoning Commission on December 8, 2010. No one except the applicant spoke at the Public Hearing. ATTACHMENTS • BILL NO. 1111=06, Ordinance approving the rezoning to the PD district and the revised PDP • Revised Preliminary Development Plan Proceedings of the City Council, City of Cape Girard= F Regular Session December 20 2010 with lots of restaurants and fast food. People are afraid they cannot pay their bills, and they don't know how they will manage after the rates increase. Mr. Howard asked the Council to look at other ways to help fund the new wastewater treatment facility, such as using water park revenue or casino profits. CONSENT AGENDA A motion was made by Mrs. Swan and seconded by Mrs. Schneider, to approve the following items on the Consent Agenda: Approval of the City Council December 6, 2010, regular and closed sessions minutes. BILL NO. 10-169, AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE LEWIS AND CLARK PARKWAY (VETERANS MEMORIAL DRIVE PHASE 1) PROJECT. Second and Third Readings. BILL NO. 10-171, AN ORDINANCE APPROVING THE RECORD PLAT OF A RESUBDIVISION OF LOT 25 OF LEXINGTON PLACE SECOND SUBDIVISION. Second and Third Readings. BILL NO. 10-146, AN ORDINANCE APPROVING THE RECORD PLAT OF A - RESUBDIVISION OF LOTS P38, P39, & P40 OF THE LOCHS AT DALHOUSIE — PHASE IV AND LOTS P85, P86, & P87 OF THE LOCHS AT DALHOUSIE — CORRECTED AMENDED. Second and Third Readings. BILL NO. 10-172, AN ORDINANCE VACATING THE CITY'S INTEREST IN UTILITY EASEMENTS LOCATED IN THE AREA OF 1533 IIELMSDALE DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and Third Readings. BILL NO. 10-174, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING SOUTH OF LASALLE AVENUE AND ON BOTH SIDES OF BALDWIN DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-3 AND C-2. Second and Third Readings. BILL NO. 10-175, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES, OF THE CITY OF CAPE GIRARDEAU REGARDING DOMESTIC SERVANTS. Second and Third Readings. BILL NO. 10-179, A RESOLUTION AUTHORIZING THE CITY MANAGER 1-0 EXECUTE A CONTRACT FOR SERVICES WITH CAPE GIRARDEAU AREA MAGNET. Reading and Passage. BILL NO. 10-I85, A RESOLUTION AUTHORIZING THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, TO PROVIDE ABATEMENT AND DETERMINE TYPES OF BUSINESSES FOR ITS ORGANIZATION AND PLAN OF OPERATION FOR AN ENHANCED ENTERPRISE ZONE. Reading and Passage. A motion accepting into the City's system the water main extension to serve Fronabarger Concreters Development and extension of Commercial Street. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session December 20.2010 Il ll[5)Aew7 �- A motion accepting the improvements completed on Independence Street from Kingshighway to Pacific Street, and authorizing final payment to Frouabarger Concreterslnc. A motion setting a public hearing for January 10, 2011, for consideration of the preliminary development plan and rezoning request for the IOC -Cape Girardeau, LLC Planned L Development District (PD District) 1.., The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 10-169 is ORDINANCE NO. 4179; BILL NO. 10-171 is ORDINANCE NO. 4180; BILL NO. 10-146 is ORDINANCE NO. 4181; BILL NO. 10-172 is ORDINANCE NO. 4182; BILL NO. 10-174 is ORDINANCE NO. 4183; BILL NO. 10-175 is ORDINANCE NO. 4184; BILL NO. 10-179 is RESOLUTION NO. 2586; and BILL NO. 10-185 is RESOLUTION NO. 2587. NEW ORDINANCES BILL NO. 10-180 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A TRANSPORTATION ENHANCEMENT FUNDS PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE SOUTH SIDE TRAIL CONNECTION PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 10-180 was approved upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Mr. Lanzotti stated that the Transportation Enhancement Funds Program is a grant - based program, with the City contributing 20%, to put trail extensions in Shawnee Park and to connect the existing trail in the parking lot with the trail on West End Boulevard at Linden Street. BILL NO. 10-181 was given first reading as follows: AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF ISSUING SEWERAGE SYSTEM REVENUE BONDS The first reading of BILL NO. 10-181 was approved upon Mr. Voss' motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Mr. Lanzotti said that the timeline of this project has encompassed 4 to 5 years already. This information would help citizens understand the project. He asked City staff to put together a page on the City web site to explain the details of the sewerage system issues. Mr. Meyer noted that a Public Hearing is scheduled for January 12, 2011 at the Public Works facility. Tours will be given before the hearing of the existing plant and the new site location, and City staff will receive public input. BILL NO. 10-182 was given first reading as follows: AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON TFIE QUESTION OF WITETHER TO EXTEND THE PRESENT ONE- QUARTER OF ONE PERCENT CAPITAL IMPROVEMENT SALES TAX FOR THE PURPOSE OF FUNDING CAPITAL IMPROVEMENTS Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session The first reading of BILL NO. 10-182 was approved upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Mr. Meyer said that the intent of this Ordinance is to use Cape Girardeau's regional hub status to help pay for City improvements. Visitors to the area will help provide sales tax revenue by shopping in the City. BILL NO. 10-183 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF JULIE SUBDIVISION NO. 5 The first reading of BILL NO. 10,183 was approved upon Mrs. Schneider's motion, Mrs. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. BILL NO. 10-184 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY ESTABLISHING A NO PARKING ZONE ON A PORTION OF PACIFIC STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 10-184 was approved upon Mr. Voss' motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. APPOINTMENTS Mr. Wayne Bowen was appointed to the Planning and Zoning Commission for a term expiring November 1, 2012, upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Mr. Lanzotti said that during the study session, the Council had suggested that advisory boards should model after the leadership of the Girardeau Goes Green Advisory Board and set up subcommittees in order to allow non-members to have a structured and active roll on the Board. Mrs. Swan suggested that a subcommittee of the Planning and Zoning Commission could be tasked with reviewing the proposed development code. Mr. James Bowling was appointed to the Board of Examiners for a term expiring January 1, 2013, upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Mayor Rediger said that City staff is looking into the requirements for service on this Board. Mr. Meyer said that they will look at expanding the requirements and allowitg more people to serve. Mrs. Tracy was reappointed as the City Council representative to the Parks and Recreation Foundation for a term expiring December 31, 2011, upon Mrs. Schneider's motion, Mrs. Swan's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Mayor Rediger and Mr. Lanzotti were reappointed as City Council representatives to the Cape Girardeau Area MAGNET Board of Managers for terns expiring December 31, 2011, upon Mr. Voss' motion, Mrs. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session 2010 There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan and Voss. Nays, none. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Director of Development Services SUBJECT An ordinance authorizing the Mayor to enter into a program agreement with the Missouri Highway and Transportation Commission for an Enhancement Fund project in Shawnee Park for the South Side Trail Connection. EXECUTIVE SUMMARY The Enhancement Fund grant will allow the City to extend the existing Cape La Croix Trail to West End Boulevard and to the Shawnee Sports Complex. The project will consist of approximately 2,100 feet of 8 foot wide concrete sidewalk/trail. BACKGROUND/DISCUSSION Connecting the residential areas on the south side of the City has been an identified need in the community since Highway 74 was constructed. The City updated the Comprehensive Plan in December of 2007, and this need was addressed in the Plan. It will enhance the improvements MODOT has made to maintain connectivity to this section of the City. This is in an area of the City where there is more reliance on alternate modes of transportation. The project is a part of a larger comprehensive plan to provide improved access to this area. The City plans to construct sidewalks in the West End Blvd. area from Jefferson Street south to Linden Street including the reconstruction of West End Blvd from Highway 74 south to Linden Street. The proposed enhancement project would complete the connection of the sidewalk from Linden Street south to the terminus of the Cape La Croix Trail. The City will also construct a new east/west connection by extending Walnut Street to complete the street and sidewalk connection between West End Blvd and Sprigg Street. Ever since the first sections of the Cape La Croix Trail opened in the 90's, there has been an interest to complete a pedestrian connection to the riverfront/downtown and to make a large pedestrian loop within the City. This project along with the TTF projects, the new Riverwalk connection from the River Campus up to the Red Star River Access, the Lexington Trace project and others complete the loop. The enhancement project would have two segments to improve the connectivity between this area and the rest of the City. The main segment as mentioned above will start at West End Blvd. and Linden Street and extend south to the current terminus of the Cape La Croix Trail. The second segment will be the connection from the Cape La Croix Trail to the Shawnee Park ball fields, Shawnee Community Center and West End Blvd at Highway 74. FINANCIAL IMPACT Increased repair and maintenance costs within the Parks and Recreation Division. The project is funded up to 80% by the MHTC. $160,972 MHTC Enhancement Grant $40.243 Local Match — Park Fund $201,215 Total SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The project is sustainable through our Parks and Recreation Department. The construction will create economic activity. It has no negative environmental impacts. The improved connectivity, outdoor recreation and fitness opportunities will have a positive social impact. STAFF RECOMMENDATION The staff recommends the Council adopt the ordinance to enter into the agreement. PUBLIC OUTREACH Public input was received during the Comprehensive Plan process and the connectivity of our neighborhoods through trails and sidewalks is encouraged in the Plan. ATTACHMENTS • BILL NO. 10-180, Ordinance approving Agreement • Enhancement Fund Agreement with maps BILL NO. 10-180 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A TRANSPORTATION ENHANCEMENT FUNDS PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE SOUTH SIDE TRAIL CONNECTION 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 Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Transportation Enhancement Funds Program Agreement with the Missouri Highways and Transportation Commission for the South Side Trail Connection Project. A copy of said Agreement is attached to this Ordinance and made a part hereof. ARTICLE 2. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS 20 ATTEST: Gayle L. Conrad, City Clerk �014 Harry E. Rediger, Mayor 0 CCO Form: RM12 Approved: 04/95 (MGB) Revised: 10/10 (MW H) Modified: City of Cape Girardeau STP -1500(021) CFDA Number. CFDA #20.205 CFDA Title: Highway Planning and Construction Award name/number. STP —1500(021) Award Year: 2010 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION TRANSPORTATION ENHANCEMENT FUNDS PROGRAM AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and City of Cape Girardeau (hereinafter, "City"). WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The United States Congress has authorized, in 23 U.S.C. §101, §104 and §133, funds to be used for transportation enhancement activities. The purpose of this.Agreement is to grant the use of such transportation enhancement funds to the City. (2) LOCATION: The transportation enhancement funds which are the subject of this Agreement are for the project at the following location: Project will consist of construction of two trail segments to improve connectivity. The main segment will begin at the intersection of West End Blvd. and Linden Street and extend south to the current terminus of the Cape La Croix Trail. The second segment will be the connection from the Cape La Croix Trail to the Shawnee Park ball fields. Both segments are within the City of Cape Girardeau, Missouri The general location of the project is shown on attachment. marked "Exhibit A" and incorporated herein by reference. (3) REASONABLE PROGRESS POLICY: The project as described in this agreement is subject to the reasonable progress policy set forth in the Local Public Agency (LPA) Manual. If the project is within a Transportation Management Area that has a reasonable progress policy in place, the project is subject to that policy. if the project is withdrawn for not meeting reasonable progress, the City agrees to repay the Commission for any progress payments made to the City for the. project and agrees that the Commission may deduct progress payments made to the City from future payments to the City. (4) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the Commission, including its members and the Missouri Department of Transportation (MoDOT or Department) employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Citys wrongful or negligent performance of its obligations under this Agreement. (B) The City will require any contractor procured by the City to work under this Agreement: (1) To obtain a no cost permit from the Commission's district engineer prior to working on the Commission's right-of-way, which shall be signed by an authorized contractor representative (a permit from the Commission's district engineer will not be required for work outside of the Commission's right-of-way); and (2) To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue Insurance in Missouri, and to name the Commission, and MoDOT and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610, RSMo. The City shall cause insurer to increase the insurance amounts in accordance with those published annually in the Missouri Register pursuant to Section 537.610, RSMo. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party's rights or defenses with regard to each party's applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (5) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the City and the Commission. (6) COMMISSION REPRESENTATIVE: The Commission's District Engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (7) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the City agrees as follows: (A) Civil Rights Statutes: The City shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et seq.), as well as any applicable titles of the "Americans with Disabilities Act' (42 U.S.C. §12101, et seq.). In addition, if the City is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the "Americans with Disabilities Act". (B) Administrative Rules: The City shall comply with the administrative rules of the United States Department of Transportation relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (49 C.F.R. Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The City shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment practices. (D) Solicitations for Subcontracts Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the City. These apply to all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the City of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The City shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the United States Department of Transportation to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Commission or the United States Department.of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance:In the event the City fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the United States Department of Transportation may determine to be appropriate, including but not limited to: Withholding of payments under this Agreement until the City complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The City shall Include the provisions of paragraph (7) of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the United States Department of Transportation. The City will take such action with respect to any subcontract or procurement as the Commission or the United States Department of Transportation may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the City becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the United States to enter into such litigation to protect the interests of the United States. (8) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (9) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (10) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the City with written notice of cancellation. Should the Commission exercise its right to cancel this Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the City. (11) ACCESS TO RECORDS: The City and its contractors must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at no charge to the Federal Highway Administration (FHWA) and the Commission and/or their designees or representatives during the period of this Agreement and any extension, and for a period of three (3) years after the date on which the City receives reimbursement of their final invoice from the Commission. (12) FEDERAL -AID PROVISIONS: Because responsibility for the performance of all functions or work contemplated as part of this project is assumed by the City, and the City may elect to construct part of the improvement contemplated by this Agreement with its own forces, a copy of Section II and Section III, as contained in the United States Department of Transportation Form Federal Highway Administration (FHWA) 1273 "Required Contract Provisions, Federal -Aid Construction Contracts," is attached and made a part of this Agreement as Exhibit B. Wherever the term "the contractor" or words of similar import appear in these sections, the term "the City" is to be substituted. The City agrees to abide by and carry out the condition and obligations of "the contractor" as stated in Section Il, Equal Opportunity, and Section III, Nonsegregated Facilities, as set out in Form FHWA 1273. (13) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of right of way necessary for the completion of the project, City shall acquire any additional necessary right of way required for this project and in doing so agrees that it will comply With all applicable federal laws, rules and regulations, including 42 U.S.C. 4601-4655, the Uniform Relocation Assistance and Real Property Acquisition Act, as amended and any regulations promulgated in connection with the Act. (14) MAINTENANCE OF DEVELOPMENT: The City shall maintain the herein contemplated improvements without any cost or expense to the Commission. All maintenance by the City shall be done for the safety of the general public and the esthetics of the area. In addition, if any sidewalks or bike trails are constructed on the Commission's right-of-way pursuant to this Agreement, the City shall inspect and maintain the sidewalks or bike trails constructed by this project in a condition reasonably safe to the public and, to the extent allowed by law, shall indemnify and hold the Commission harmless from any claims arising from the construction and maintenance of said sidewalks or bike trails. If the City fails to maintain the herein contemplated improvements, the Commission or its representatives, at the Commission's sole discretion shall notify the City in writing of the City's failure to maintain the improvement. If the City continues to fail in maintaining the improvement, the Commission may remove the herein contemplated improvement whether or not the improvement is located on the Commission's right of way. Any removal by the Commission shall be at the sole cost and expense of the City. Maintenance includes but is not limited to mowing and trimming between shrubs and other plantings that are part of the improvement. (15) PLANS: The City shall prepare preliminary and final plans and specifications for the herein improvements. The plans and specifications shall be submitted to the Commission for the Commission's review and approval. The Commission has the discretion to require changes to any plans and specification prior to any approval by the Commission. (16) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the City as follows: (A) Any federal funds for project activities shall only be available for reimbursement of eligible costs which have been incurred by City. Any costs incurred by City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. The federal share for this project will be Eighty percent (80%) not to exceed $160,972.00. The calculated federal share for seeking federal reimbursement of participating costs for the herein improvements will be determined by dividing the total federal funds applied to the project by tfie total participating costs. Any costs for the herein improvements which exceed any federal reimbursement or are not eligible for federal reimbursement shall be the sole responsibility of City. The Commission shall not be responsible for any costs associated with the herein improvement unless specifically identified In this Agreement or subsequent written amendments. (17) PROGRESS PAYMENTS: The City may request that progress payments be made during the construction of the herein improvements. The City shall submit to the Commission any invoice for progress payments no less than on a monthly basis. The City shall repay any progress payments which involve ineligible costs. (18) PERMITS: The City shall secure any necessary approvals or permits from any federal or state agency as required for the completion of the herein improvements. If this improvement is on the right of way of the Commission, the City must secure a permit from the Commission prior to the start of any work on the right of way. The permits which may be required include, but are not limited to, environmental, architectural, historical or cultural requirements of federal or state law or regulation. (19) INSPECTION OF IMPROVEMENTS AND RECORDS: The City shall assure that representatives of the Commission and FHWA shall have the privilege of inspecting and reviewing the work being done by the City's contractor and subcontractor on the herein project. The City shall also assure that its contractor, and all subcontractors, if any, maintain all books, documents, papers and other evidence pertaining to costs incurred in connection with the Transportation Enhancement Program Agreement, and make such materials available at such contractor's office at all reasonable times at no charge during this Agreement period, and for three (3) years from the date of final payment under this Agreement, for inspection by the Commission, FHWA or any authorized representatives of the Federal Government and the State of Missouri, and copies shall be furnished, upon request, to authorized representatives of the Commission, State, FHWA, or other Federal agencies. (20) CREDIT FOR DONATIONS OF FUNDS MATERIALS OR SERVICES: A person may offer to donate funds, materials or services in connection with this project. Any donated funds, or the fair market value of any donated materials or services that are accepted and incorporated into this project shall be credited according to 23 U.S.C. §323. (21) DISADVANTAGED BUSINESS ENTERPRISES (DBE): The Commission will advise the City of any required goals for participation by disadvantaged business enterprises (DBEs) to be included in the City's proposal for the work to be performed. The City shall submit for Commission approval a DBE goal or plan. The City shall comply with the plan or goal that is approved by the Commission and all requirements of 49 C.F.R. Part 26, as amended. (22) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (23) NOTICE TO BIDDERS: The City shall notify the prospective bidders that disadvantaged business enterprises shall be afforded full and affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex, or national origin in consideration for an award. (24) FINAL AUDIT: The Commission may, in its sole discretion, perform a final audit of project costs. The United States Government shall reimburse the City, through the Commission, any monies due. The City shall refund any overpayments as determined by the final audit. (25) OMB AUDIT: If the City expend(s) five hundred thousand ($500,000) or more in a year in federal finance assistance it is required to have an independent annual audit conducted in accordance with OMB Circular A-133. A copy of the audit report shall be submitted to MoDOT within thirty (30) days of the issuance of the report. Subject to the requirements of OMB Circular A-133, if the City expend(s) less than five hundred thousands dollars ($500,000) a year, the City may be exempt from auditing requirements for that year but records must be available for review or audit by applicable state and federal authorities. (Remainder of Page Intentionally Left Blank) IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this , day of 20_. Executed by the Commission this day of MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title ATTEST: a 20 CITY OF CAPE GIRARDEAU ATTEST: By Secretary to the Commission Approved as to Form: Commission Counsel Title Approved as to Form: Title Ordinance No Sidewalks & Trails RMA-ITl3 FIXIT.. �-Mr 101991 EQk4l-UIREO 1—kPROVISIONSRACT FEDERAL-AJD CONSTRUCTION CONTRACTS 1. GENERAL 1. Thesa caaractptwtakns shall apply toabworkperfomxdon the contract byfie oantractoya oars omatanllon aidwar tlu anteW to ret wadal a taller tar eormoctoes Immediate strparktleltdetce and to so work pertommd on ths context by plecewwk, station `cork, Or try umeontract. 2. Except as olhavAae provided for In each section. the, contractor shall Imam tads subeomraet in o(the stipulations cordained in trove RowkW Cataract pravhlom, and Utter raquke MW inclusion In any bwm8er sub oont act orpucha o crdet that nuy ntum be nude. The Regaked Contract Provlakno shag not be incorporated by reference In "case. The prime contractor" be responsible for-411enee by arry subcontractor or lavlm gar subontrxtm with these ROWIred Contract Provielbne. 3. A breach of any of the sltpulallonsi cw tehud in these Required Cwtracl provisions sinal be sufficient grounds for termination of the omfot. 4. A breach of the following dams of the Required Contract Prmidons may also be grounds fon debarment as provided In 29 CFR 5.12 Socbo n 1, paragraph 2; Sodlon IV, Wrogtiphs 1, 4 3, 4, and 7; Sewn V, psragrow 1 Ind 2a "If 20. S. Disputes arising out of the labor stertdsrdv provisions of Section N (ecwpt pemgiaph 5) and Seddon V of these Required Consact praAalona shall not be sublet to the general d%putas clause duds corttrset. 5uch disputes atua be rooth-A n accordance with the prondinsa of the U.S. Department of Labor (DOLL as set forth in 29 CFR 5, 6, and 7. Disputes wltdn the meaning of this clause include dis" beNrae6 the cvOldor, (w any of Is subcontractors) and on comrsonrg apwtoy, the 001, or the tontrodors employso o U*r representatives. . .1.6 Selaetlonof Uloor: During the performance of this contract, thei eardracta thea not IL dgcrlminata against labor from any other State, poasaaslon, or territory of the United Stales (except far 4nocymant prekronte for Appalachamoontrach.when applicable, as epWF*d In Atha A1W9A). Of b. employ omit labor for my purpose Within the f b of the prefect unless a is labor perf"by donvkts who we on parole, auparvhed release, or probation. (Applicable Coag FederaHwconshuMbnoontrats and to ant ML ted subcontreclsor StD,utXlatnore.) . 1.EEOalEmPlomanhL of toAmidY.Equad to clans (EEO) tequkwnards not to diecrknnMe all t0 fire a%imlatMa action to assure arpleb opporturtRy as set lwdl snider bewa, dMMIllra orders. rules, "Atom (28 CFR 35,29 CFR 1630 and 41 CFR 67) and orders of tiro Secretary of Labor as morsled by the proftoms proscribed heron, and ImiMW ply to 23 U.S.C. 140 shell cau6Tde the EEO and sped0e wMmWm action slarMmda lex the coMnsdoes projectacbmIlee underthis contract The EgaelOppor" Cw>stntccsmComract Specif oon,ad forthVMer41 CFRW4.3W the proNMons of ill Amerian Dleelo ties At at 1990 (42 U.S.C. 12101 ej seg.) ad forth urnkc 20 CFR 35 and 29 CFR 1830 an IMorporaled by rsNnr)ce in this contract. 'n the a xecutlon of this cwtac6 the contractor eareea to comply wAFt the foaovAng mlnimwn specilla requirement WW" EEO: a. The eanraetorwillwwk wrbft State hwwvy ogmwy(Stu) and the Federal OwernmMn earryblp art EEO otolpationsand n" renew of tesftw aCtMties under the contract h. The auluadaw0 accept as Me aperetkg po8cyene fdb%WV statemem: "a is the polcy or thfs Company to asson that 9pp cams are ampioyed, and that empbyaea aro treated during ampwo vwS w7t, routtepard tothah tees, religion, sex, colo, national odgkl, age or diaebltly. Such action shell kid ucle: en'gaoymant. upgredng, demotion, ortranslar; recrullment or reel Amort advertising; layoff or tarmbubm: rates of pay or other farms of oempenaetlon; all sefacton fortranhg, ncNding appreMlushq, preappren keWl). ardfcron-du-poblmking.^ _ 2. EEO OMcar. The curator vols destgnate and make known to the SHA coareclkg otncan an EEO Of awhoWl hue the fespwn bi( W and must be capable of effeclvey adnenistang and pranoting an sett, contractor program of EEO and who must be assigned adequ ita authoray and responsil flky to do oro. 3. Dissemination of policy! Al members of the Comrade's staff who cit authorized to hks, supervise, promote. and discharge empky- sea, or VRo recommend such action, or who are substarmaly Involved in such ardlm, writ be made fuay coptnUll of. Ind %AM krnplanwta, the contrWoes EEO potty andcontradtuai reepon bUles b provide EEO in each grade and asssihcobw of employment To ensure that n19 above agreement wIA be mel the ldioMng setons Wl9 be taken as a -minimurn; FA" t Page I. GenwM...................................... 1 U. NoMNcrkNnatim .......................:..... 1 IA. FlonaagregXW FaC'I. 0 ............. . ......... 3 1V. payment of predetermined Mynlmum Wage ........... 3 V. StatemaNa am payrolls ........................ 6 " VI. Record 00mleriaIs. Supplies, Ind labor ............ 6 VIL Subletting of Assigning the Cataract ................7 VIII. Safety. Accident Pre'renflM ..._.......— ---...-. 7 ' JX. Fain St Waft Concerning HW"Projects ....... 7 -X frip4emeMMiar of ClM Air Ad and fadond Water Polutlen Control Act ...................... a XI. Cedlkatbtt RoganffrV Debarment, SuspsnNon, . fnalgibitily, and Valuntary Worsen ................ E XIL CafMeatbn Regarding Use of Contract Funds for Lop6yng ........... I ......................... 9 AT7A014111ENT3 A...EmptoKtwm Prularwo For App&Wbm Contracts . grsonled In AppabodW contracts Doty) 1. GENERAL 1. Thesa caaractptwtakns shall apply toabworkperfomxdon the contract byfie oantractoya oars omatanllon aidwar tlu anteW to ret wadal a taller tar eormoctoes Immediate strparktleltdetce and to so work pertommd on ths context by plecewwk, station `cork, Or try umeontract. 2. Except as olhavAae provided for In each section. the, contractor shall Imam tads subeomraet in o(the stipulations cordained in trove RowkW Cataract pravhlom, and Utter raquke MW inclusion In any bwm8er sub oont act orpucha o crdet that nuy ntum be nude. The Regaked Contract Provlakno shag not be incorporated by reference In "case. The prime contractor" be responsible for-411enee by arry subcontractor or lavlm gar subontrxtm with these ROWIred Contract Provielbne. 3. A breach of any of the sltpulallonsi cw tehud in these Required Cwtracl provisions sinal be sufficient grounds for termination of the omfot. 4. A breach of the following dams of the Required Contract Prmidons may also be grounds fon debarment as provided In 29 CFR 5.12 Socbo n 1, paragraph 2; Sodlon IV, Wrogtiphs 1, 4 3, 4, and 7; Sewn V, psragrow 1 Ind 2a "If 20. S. Disputes arising out of the labor stertdsrdv provisions of Section N (ecwpt pemgiaph 5) and Seddon V of these Required Consact praAalona shall not be sublet to the general d%putas clause duds corttrset. 5uch disputes atua be rooth-A n accordance with the prondinsa of the U.S. Department of Labor (DOLL as set forth in 29 CFR 5, 6, and 7. Disputes wltdn the meaning of this clause include dis" beNrae6 the cvOldor, (w any of Is subcontractors) and on comrsonrg apwtoy, the 001, or the tontrodors employso o U*r representatives. . .1.6 Selaetlonof Uloor: During the performance of this contract, thei eardracta thea not IL dgcrlminata against labor from any other State, poasaaslon, or territory of the United Stales (except far 4nocymant prekronte for Appalachamoontrach.when applicable, as epWF*d In Atha A1W9A). Of b. employ omit labor for my purpose Within the f b of the prefect unless a is labor perf"by donvkts who we on parole, auparvhed release, or probation. (Applicable Coag FederaHwconshuMbnoontrats and to ant ML ted subcontreclsor StD,utXlatnore.) . 1.EEOalEmPlomanhL of toAmidY.Equad to clans (EEO) tequkwnards not to diecrknnMe all t0 fire a%imlatMa action to assure arpleb opporturtRy as set lwdl snider bewa, dMMIllra orders. rules, "Atom (28 CFR 35,29 CFR 1630 and 41 CFR 67) and orders of tiro Secretary of Labor as morsled by the proftoms proscribed heron, and ImiMW ply to 23 U.S.C. 140 shell cau6Tde the EEO and sped0e wMmWm action slarMmda lex the coMnsdoes projectacbmIlee underthis contract The EgaelOppor" Cw>stntccsmComract Specif oon,ad forthVMer41 CFRW4.3W the proNMons of ill Amerian Dleelo ties At at 1990 (42 U.S.C. 12101 ej seg.) ad forth urnkc 20 CFR 35 and 29 CFR 1830 an IMorporaled by rsNnr)ce in this contract. 'n the a xecutlon of this cwtac6 the contractor eareea to comply wAFt the foaovAng mlnimwn specilla requirement WW" EEO: a. The eanraetorwillwwk wrbft State hwwvy ogmwy(Stu) and the Federal OwernmMn earryblp art EEO otolpationsand n" renew of tesftw aCtMties under the contract h. The auluadaw0 accept as Me aperetkg po8cyene fdb%WV statemem: "a is the polcy or thfs Company to asson that 9pp cams are ampioyed, and that empbyaea aro treated during ampwo vwS w7t, routtepard tothah tees, religion, sex, colo, national odgkl, age or diaebltly. Such action shell kid ucle: en'gaoymant. upgredng, demotion, ortranslar; recrullment or reel Amort advertising; layoff or tarmbubm: rates of pay or other farms of oempenaetlon; all sefacton fortranhg, ncNding appreMlushq, preappren keWl). ardfcron-du-poblmking.^ _ 2. EEO OMcar. The curator vols destgnate and make known to the SHA coareclkg otncan an EEO Of awhoWl hue the fespwn bi( W and must be capable of effeclvey adnenistang and pranoting an sett, contractor program of EEO and who must be assigned adequ ita authoray and responsil flky to do oro. 3. Dissemination of policy! Al members of the Comrade's staff who cit authorized to hks, supervise, promote. and discharge empky- sea, or VRo recommend such action, or who are substarmaly Involved in such ardlm, writ be made fuay coptnUll of. Ind %AM krnplanwta, the contrWoes EEO potty andcontradtuai reepon bUles b provide EEO in each grade and asssihcobw of employment To ensure that n19 above agreement wIA be mel the ldioMng setons Wl9 be taken as a -minimurn; FA" t Id it g t 9 € gu s n ¢ @5 lei I fit ~€5 142t a� Det gg¢ x2 {{ QQ �i GB EiC N'6 d. In the enni the union Is unable to provide the contractor With a reasonable flow of tdnorty.fd Woman mierrals within the lime nerd ad forth in the conetdrs bargaining agmarr ant, the contractor coil, through bdependern reorullmmt oftats, IN ted emgoEnent vacaneka wnhdut regard to race, color. rangwn, aex, regional cripq age or disabinty,mskkgWig obortatoc6tahqualified arruorgr Wbba minority pap pemeamil end women. (TM.oOL hes hew that R ahelt be no ascus .that the .union with which de contractor has i ullectiae baWMV egnamaot povidrp for.exokhive rsfensl failed to rarer =bay employees,) In me enrt Ow union mramal puke prenMs d»contracMr Iran medng maobkgallone purevamto Exeoud)w Order 11248, esamended, and thaw special provfslons,such contactorshan immedatey nanny the SHA 8. Selft"nofSubmrtractan, Proeur0Mw4 of Mabletels and Leasing of Egedp M* The contractor shall not d(saminals on the grotalde of race, odor, religion, ser, rWwnnl ort9h age OF dinbdity in the aaledon and ingw9 n of aubcontadom bncludnp procurement of .msimlalsand lessen of aqulpmed a The contractor shall nosy an potential subcwM*00 s and sWitlare of Hanker EEO obBpatJons under the contract b, Dhedvart"ad business enterprises (DBE), as darned In 49 CFR 23. than have equal opportunity to cxkopens for end perform /1d7WIdRCtaWhlCII da earntractoremes kt0 P=UWA 10 dderonoaot The eorpraclertell use No bad &Bata to folks bids Ran and to Wks DBE subcontractors of subcantradoro W& nmw-gu minority (poop and *We gapr. alstAtim smog their ampbyees. Contractma stall. Own Yate of DBE t ebucumn Arno from SHA rbrmnnel. o. Theconbactcrwig use his bad efforts toemnaa wbaontrador cornptlence with dwR EEO obngatbna. 9. Records and Reports: The conlreder shsn keep such records as necessary to document compleree wan the EEO requlremmrts. Such recons stud be retakKd for a pew Of three years 10MOng MnlrWM of the contact Work and shall be avanaMe At reasonable tbrka and places for napectlon by ft&WI2ed nagana MMS of the BHA and the FHWA. a. The records kept by ted contractor blas document the fdkovkv.. (1) The number ofmin-ity, and non Monty group members and women empwyad M each work classification on the pmdect; (2) The progress and struts being made b cooperstbnnih unlona, when appikaws, to ancrews Onplayment cpporturvtles for minorities and waren; (3) The progress and efforts being made in locating, hiring, treih'ag, quasfying, and upgrading minority and femme employee: and (4) The program and efforts being made b+ eawkg the service of DBE subcontractors or subcontractors WM meaningful mIn" and female representation among their smplvyas. b. The can#racrora vdll submit an amusl report to the SHA each Joy for the duration of the project, indkal" the ranter of mwoay, women, and mit-rnincrity group employees Curemly engaged In each wakclaei8ntlon mWxed by trim contract odic This information Is to be reported on Form FHWA-1381. If 004h&-Ilob training fa being required by special provinlom, dm cmtmW vdi be required to cabled a(d MW training data. - 1IL NONSEGREGATED FACLITIE8 (Applkabio to an Federal sid canehuctbn contracts er4to all rued aubcortraes or $10,000 or more.) a. By submission of this bid, the exaCuibn of this contract Or aubcoruract, mine cansdmrrabCn of this nw*W sappy agreementm pumhae order, a appropriate, the bidder. Federal-aw C01110=11on contractor, subcontractor, rr n" supplier, of vender, as appropriate, CertiRa datthe roar does not maintaln or provide for Its employees any segregated to lles at any of is estabashmeMa. and that the firm, does not pemd its w*yses so perform theirservlces at any lombon, under its control, where sepegated feaiNas are rrm(rttamed. The r m agrees that a breech o1 this certification Is avklation of ted EEO prowiwu of thiscanlract Thefkmturtlrermnftthaird>mpbMvMbfideNed seem to adequais tadvilss an the basis of sex a disability. It. As used in VL Cardlcebcn, me term "sa "Wiwi ISCIM " means arty we" roans, work areae, r strooma and waanroome, recta uarda and cow gaging area, tone cice", lockerroarer, an d oth er storage w dressing areas, parks M lob, drinidrg torudains. recreation or etdertekxnad eras, hamporbntwn, and housing 1=111as provided for employes which aro aegrapmed by dlracdva, or ars. In fact, aepageted an the basis of rum, cola, religion. nagmd origin. age m daa6illty, bemuse of haba, local eostmn, or otherwhs. The only axcnpeon vAn be for the disabled wtmn the demmds for secesstttfily, evmride (e,U. disabled parking). o. The contractor agraa that R has abtsdred or will obtain IdentlulcmdRedteniromptopos.d subcontractors mmltmW supp6ms prior to award of vA4b Rncts m coneunxwadah of materW guppy Agreements of 310,000 or mora and that awil retain such cad010116" In Is file$. IV. PAYMENT OF PREDETERMINED MINIMUM WAGE (Applicable to all Federal -ass construction cw&3cts exceeding $2,OW and to al misled subcomrade, wmept for projects located on roadways doss cod as imst roads or rural minor collectors, which are exempt.) 1. Generali e. AN mechanics and Iabown employed m workhg upon the ane of the work wig be paid unmr1ditkma11y and not les 0011 than ons a week and WMwut subsequent deduction or rebate on any account lemept such payroll deductions as mepes"ad byreguhlwns (29CFR 3) issued by the Satre" dt tabwUndm the Copahnd A 1(40 U.S.C. 278$)) the rul amduda of Wages and bona Ade hinge boneRW (of cash equivalent, thereof) rte at Nnm of payment The payment Shap be computed st wage rales not les, than those comabWd in the wage deUvrni atlon of the Sedesryof Labor (hereinaRm'lhe wage det"T* naoon'�whkn is attached h am nand made SW hereof. rogeh ftS of any contractual relationship which may be staged to add bewoed tha cdtactddlta mAconpactmsandauch labusna altdmachanita. The wage ddarmirution (mduding any adohknal ctassdkatbra and wage rales conformed under paragraph 2 of tris Section W and the DOL poder (WH -1321) orForm FHWA-1495) shag be posted ailgl *nes by the contractor, and its subcontractors at the site of bias work M A Prominent ard accessible place where it can be easily men by ON workers. Forthe purpose of the Becton, mninbudor s made or costa reasonably anticipated for boa We fringe benefits trader Section) 1(biM or the DevraBacon Ad (40 V.S.C. Me) on behalf of lat"M d mechanics are consHered wages paid to such laborers or mechan. ice, sub)ad to ifs proNeion, of Section IV, paragraph 3b, hemcf. Able, ror the purpose of this Section, Tegutsf contributions made d costs inured for more than a WstWyperhd (but not it" often than quarterly) under proms, turtQ; or programs, whkh cover the particular weekly period, are deemed to be cormlructNey made P" 3 I s: to s HOP I Aom £ h figs 6 $ �2��'� g.Cy$gggp � YsSt eP Fig Hun 9f1 i- lo) In the event len Bureau ofAppranlicasnip and TrslNng. ora site appnMkeahtp agency raoognked W the Bureau, wihdnws approval of an appirwkeahip program. ON canlrsclor or eulooWltcor WR to kngw W PWMft d to Mee APM00ea At leas then int applicable predetermined rale rw IM comparable work perlonned by reprau amployaae unlit an wcoptahle, program A approved. b. Trdnoo: It) Except as provldW In 29 CFR 5.56. trakaea will not be pamrhled to work at less then the W061KI IhAd rate for 1M wurk pufmned unless they ora employed ptaouant to and individually regldaradin aprogramwhkh hasreceivW Prior IMMI. forrml certification by the DOL. Empiaytnetd and TrANIg MYMI m- thon. R) The, fell of Vale" tp AU"flotr Nuel employees on an job efts Shim not be greater than Pumirod under ten Plan approved an the p" at aaN vermes fatal W not registered IM participating In •trslNrgplenappmedbytM EmpbymuaandTralnirga Admtvstfaaon SW be paldfwtleu dmnthoeppkaMavmgerateonlMwagedetemd- -raNanf tftcbuWagoondwrofktutjgyperformed. Inaddion,any Irikraa pufonnng work on the job site In excess of the ratio pormlhed Under the registered program lima be pdd not lase Men ahs applicable wage taro on tMMage detemdnWon for the work actually performed. (d) Every Call MAW M Pod d not less than he Me specabd in Che spiorad Program fel hiaAaf level of progress. In N aadesapercentagedtM)otmey�ees shell PW M ten applicable wage delemtkhalon Trainees ohne m pant Pkge bwWb lnscoordOr"with the Prm4bons dm►mkesptogirlso. lithe traahas proprsn daeand memkrh Gkipe Ixne(d0. trsbheat shreN EsPeid the fullarhaUra otMfge benahls listed on tm Wage tlstemdmtlar unless lit Adirdnhtrator of lite Wags and How Division detamtims tnatthere is an spprotalcnhtp program aasodated with the corimpondi g (Otanaymmlevst wage rate at the wage ddefm110111 rt which P110006 for las than full fringe bereft for SPPre11hoe4 in which case such banan thea receive the sawn frkgs beneft as apprentices. (4) In the wend tM Errlploy r em and Training Admkdeaallon viftraws approval of trakdng program ten contractor or subconira� tarwit no larger be parnshad to ut4ie irolnees at less ftn the applica- ble predelen pined nde for the work performed until en acceptable program Is approved. C. Help" Helpers will be permitted to work on a protect If the helper clasaltoWon Is bpecifiedanddeftned OniMappricabawagaderormina- lien or b approved purbuant W the eonfo,"nce procedure sat forth in Swton IV.2. Anyworker Read on a payroil at a hdpa wage rare, who is riot a helper under a approved danntton, shah be pad not iesb bun tttappnrabowape rate on Mewage defermirathn forthech issifkahoh Of We* actually pedormed. 5. Apprentices and Trainees (programs of ten Apprentices and trains" wotfog under apprwfts p and am t**p programs wtdch have boot certified by the Secretary of Tramportston as proinctig E£O in cannvc;an with Feders"Id highway cornbucton programa aro rot subbd to the reclukements Of paragraph 4 of this Section IV. The sbeyM timer hourly wage rain for a,pprantoesardiraoe" Under such Program wi8 be aatabnah odbythe particular progrune. The ratio of appramicea and trahen to foumay- men shell rad be greeter Mtn oerr fted try the terms of fen particular Program. D. Withholding: The SHA shag uponiaawn hdionoruponwikteth request of an atahodaM ropraaenfatNedtha DoLwdhhokl, a emsew be wihheld. from the ebdraolor of subcontractor under this contract or any other F ad" contract with the eame prim contractor, crony other Federally - soared eotitacl uxbfod to Ds i$ -Bacon preveA4ngi wage TtWhmente which is held by the same pmm "Mraetor, se mien of the accrued peymems or edvarre" as may becolMderednecessary to Paylabcrera and Mechanics, Including sppremkes,trainees, and helpers, employed byV* conbadMor my subcontarctor the full amaml of wages required by Meeontma mthewamoffalYroropayarfy)a*WofmaOMM, {radioing any opprattice, trines, orhelpat, caVIvied wwooeg m the site d the work all w pati of the wages mcfAred by de conoact, the SHA confrectirg officer may, afterwaaten nC1Ka to the contractor, take such aetionsamaybe nwnmytoWMfhaauspemlanotanyfunher payment, advance, at guarantee of hind$ urd6 such V10 WOM have ceased. T. OveRpne Requirairwma: No contractor or oubconlrador corerectirg for any part of the comradvak wAidarrsY ragiMa krvears 0t emgaywrteddrobma<a. hlacharks, wstcMwn, Or guards lindudirg eppramieaa. trek*". and helper, descried in paragraphs 4 and 5 above) shah tagUke or Parma any Wwar, mwrnnie,-wwadhmarl or guard in soli Workwxk in which he/she Isemo"arlonsuch work, to Worklnexcess af 40 haus In such workasekuha" ouch labors, mwhallo. wdchv^ or guard r m'm Compensation at 1 rate not Int elan ote-arQ� Ulmer Ms4W boao rate of Pay for an hoes worked In excess $140 hafts in such workweek. 8. Violation: LlebBty for Unpaid Wages: Llquldeted DIMM: In the went of any vlorallon lithe clause sat tont In perag reph 7 aboYh, Ms conks eta and any subcontractor responsible thereof shall oa Ibbbaoine afflicted employee for herher mpdd wages. In oddebrk such aorkliMf and subcontraclor." be In* to the Umbo Stiles DA at case of work done under cu*W for the District d Cahprdbra or a tetrdorY. to such District Or to such larrsay) for NUdaled damages. Such 44dated damages alias be computed with retpwt 10 awn tridvid4l laborer. mechanic, watchman, or guard ampwysd'n vIddinn d the auras sat forth in paragraph 7, in the sum of S10 for seen cstardu day on which such employee was taqulfhd or p tf rllmd to worn In excess d the standardwakweak of,10 hours whhaa payment of Ins ovenimewagea required by the owo set forth In paragraph 7. - 9. Withholding for UopaktWages and Ltgddded Darnels: The SHA shall upon Ra oxm adon or upon written request of any eusha¢ed mpresenaWe of Ma OOLvkdw d, or cause to be wshheld, from "monies priable m account of work pe ionmed by the contmo- IOr or subeortkadar under any SUCK coread err any $Mar Federal oonulawith MasamepdmecenbucW,aartyrherFederidy- awed eomkact subfeetto the Contract Werk Houreard Safety Standards Act, wtkh is held by the soma prim eor Ubcim, such sums as may be datermkM to be Weesery to OWafy SAY MblNas of Such contractor Or y6roraraOnr for urgald wag" and &ryidated damagessa Provided in the douse set fav In paragraph 8 above. V. STATEMENTS AND PAYROLLS (Appicable to all Fedae}aideonetructionrantrxls exeaedag $2,000 and to aft misted wbcomrxts, except for projects lasted ort roadways dasaitmd as local roads a nnal co%cron, which are exempt) P" 5 1. Corrolanee with Copeland Regulattdnt(26 CFR s): .. .. - (sMtmteath hbowermochaMchaa been paid not resatat - Bne aPplkabbwape caro Wd lrkge batefda or Cab equftw icr as The certmotorshard[c=*vifalthe CopdendRaguldonsofthe ctasaKoatondvrolkedpartmmed,aaspecified in" RpplkableYap Secretary of Uborwhtch am rwein hcwpwatod try ratererce, - . tlMMminatlon 4xmporated Into the contract. - 2 Payrolls and payrollReevrdi r a. Papp wAbe* records role&* thereto shall b maaf ill'mrodbythecordraetaafldncusuEemutiaeordurtglheemaseMtha snit and pesctied fa a peiodaf 3 yeefa yrofrl tete dam err completnn of the contract for an laborers, methanes, appentkm, trahaes, watchmen, helpers; and grmrds wodtrtg tithe slro at the work. b. The paytot rocmda snag eontMrl the name. EOCW aeaaBy number. and nddrsae of each such empoye% Its m her cotta olsaaFcation, hourly rates of wages paid (Inclutling Mee of cor A l- ttw mcorals antkyetedfor bona iris rrkge beneta a or sett equbeknt UwW the typm dascdbed In Section 1(bx2)M) or the Davis Eamon Ask daily and w" number of torn; ranked: deductions hmd%and ached wages paid. In Addition, fm Appatacinim oabtrsab, the payroll records than eordain a notaMn, adleaft vd M w the empolM does, or dem net normally rwkk oto tebof arca as Mimed M Aaaehnerg A, paapmph 1. Wh6"Fthe Sxratary of Law, Pmuwtd $action I%parWWh 3b, lesfound sat tiewages dr IN oboor OF mmdmnie Indwa fm amount of my costs reesonaby anacPabed in Wovidkrg records i hkh aaovr that ore comtdlmMd to FV*lg DIM beroflb Is erKcscesbhe, tlatMe laid orprogram ie tgtanctaalrmpmulWe.tat Ills plan or VWM tae been LomafNnldaod In wrakg to the labom or meow)= affee , and show to Dost anticipated or the actual cost khauradin provNAngbmaFRa CmWmora orauEcontrepbrs mpWytrtg sppremkesmtriaeaaurkm apprnaed and r proprmatl,ashnwnaah ehdvhce sure regiatretlon d apprMdkea ark takes, and Miosark wege rates prescribed lit tine app iaba pmpams. - n FathWnaacorandsub=WBC aWfMsh,gwhwsmkin which any om trsor work Is Wormad, to to SIA msIdW englneer a payroll of wages paid nth of Is emptoMs pnclud(ng apprerdtcee, tratriees, and hopers, dn=Hmd b SettDn rV, pa oMphs.4md 5, and wamhden aM gewds engaged an work Mkg Ne preceding ww* payroll period). The payroll subrrdlkd shall sat out aecumley end complat" to or the nronnation Mgcked to be maintlowd under paragraph 2b ofthis Section V. This infcrmaton may be submitted in myform desirm. Optimal Form WH<i47 it waAam fmftis purpose and maybe purohaed homtie SuperknendantofDocuments (Fedmal stack number 029-0(16-0014.1), U.S. Government Printing Office, Washington, D.C. 20402. The pima Contactor t maparatbo for ton submleMan of copies of payfota by an subconlreatom. d. Fachpeydsubmmedshanbeatcompsnkdbya-SWtemam of Compiterm. It" by the contractor or Wbcardncor of WW agent who pays or supervlaes the Paynrent of the persorrs aftVoyed under the contract and stroll certify the following: (1) that 1st payroll for the payroll perlod eontains the information tequlred f o to matdainest tdader pamgreph 2b Mans $ectl urn V and amt such Inlmmetion is correct W complete: (2) that Such taborer x mecharvC "Uding each helper, apprerxioe. and trait") employed on the cor>baa dutbg rat payroll penodhU banpaidtha kMweoldywapasaamed,w&cutrebate.eftW d;metly or Wirettty, and that no deductions have been merle a0w dir"Mirs6mctly from the fed wagon canned, cohort an penmissIbla deductions as sat forth in the Regulations, 29 CFR 3; e. TheweeldyaubrNabn M t prepayateddadadificafonEet four on ore revasa We of OpWal Form WH W 9W safafy the requkemwd for submission of tto"Stalanerdot Compllana" requited by pampmph 2d of this Section V. f. The falolacatlonofanym live shave certi&xtmm may subject theemltfectarIoctvf mdimlralprosecution LMw 1BUS.C. i0ol and 31 U.S.C, 231. 9, The oontraum or wbeontraeor shall make um fee" required antler paragraph 2b of tits sectlon V evaaabk or napeetiarti copying, ortranscromtby to wied representatives of fro SYA, aha FMA, orae DOL, and arms permit such rei tseseWesto interview anployeas during vmftV hours on that job. R the colft0tor or suboontnicter fait to subm tee raWred records or to mala atm avadnblOwSHA,taFHWA,ftaD0L,mcammy,4,NWRte WJN to the canbacor. spenacr, applicant, or -mw, rake such actions u try be necessary be aues the suspeheorh of try Milan Payment, advance, or guaraMM of funds. Fudhemnor k foam to submit the required records t"a request or to make act records 804" may be pounds fordebwalft action pursuant to 29 CFR 5.12. Vt. RECORD OF MATERt111S. SUPPLIES, AND LABOR I. On all Fedsr6ae corkm on fisc National Highway System, except hose which wovke sotety or Ue haWAetim a poleeave de%im at railroad grade uossinp. fess When are catibuceed M a fora account ordirottfaborbasis. Wpvaype>n cetlonwMseo,and cornets for whit* the tomi,tkwt cgatmeaon coat for roadway rad ridge b Ills ban $1,000.000 (23 CFR WS) am contramar sat: a. Become (ani liar with 1st Ant M speciht materiels and eupptiea wMawetl in Fano FHWA.47,-Statemerd or Material$ and Labor Used by Contactor of Hilit" Construction kw"V Federal Funds: pddro the canmenanrern Of work under this contract In. MaiMNn a reconlmmetotal cost aallmatenalsandsupPries puchaed for and irwporsted In the Work, est also of the quanttn (A tam apecifio maWW& and auppliea sated on Fon FHWA-47, and in fm units shown on Form FHWA-07. c. Famish, upon Me cmnplanon of the contract, to the SHA raaldent oWrmerm Pmt FMNA47logWwWahfhe data regWred In .paragraph tib relative to materials end supplies. a fmM tbm summery M al connect work kdcatbng eco total hours worked and tie total amount earned. 2. At the pdme oontrwweB option, ether a single report covMV an contact work or wperete repons for the oornrecW and ton each subcontract shat be submitted. Vf. Sum1.ErnwOR ASSR1NrN07HE CONTRACT 1 The commomr shad pedorm with as ohm mgah2aton contract workamounUng to not Iris man 30 pertmn (m a ghats parcmnage f speelBed abewhat0 in the cmktad) of the total original wftWW pica, e= Wmg any speaeay LIM deVated 4 N State. SPedalty ltems cosybepeR edbysubconhadwtttmamountotsrysuch%Mdety tens performed may be daducted from the total onginai contact pelta beam coq uti g the amount of work required to be p"Wmed by the contractors own orgariabon (23 CFR 614 A. "Its own crgudatbn' Mall be construed to Include only Watters enpkyed end fadd alrMily by tet puma cadnda and egdpmut eared or Krtad by Ss prima tzrdracmr. Wish or Without Opentore. Such Wm does not ticluda amdeyeaa of equipment of a Subcontract0r, assign", or spud dale Were eatrec?Ar. b. 'Specialtykana ahNiba canatruedta be BnttadWxgk met retinues N* "Walled 1dlafeadga, abidll*L or eciv"ert not ordlnenDywaftIs lnthailyaef mnda4fingorgantzemimqudifed and expected to bld ort the contract as a Wtlble and N general ire to be tmsedto mtlor cunpornonts of ala overall contract. 2. The contract mount upon which the requuemerts set forth In parapeph t of Section Vg Iscanputad Includesihe cost of material and rnmAchirad pruduels whidrsro to la duttsed a ptedueed by the owtnedor under the conead Provisions. 3. The contacts shetl furfdah (a) a competent wpMmerdat of ampelvser Who is am#" by the firm, has rut may to died Perhamsna of tet wakin eocordancawsh the cmbut requbdnema. W4 is In charge. of an construction operabons (ragamdets of who Portotms line Wait) and (b) such MW M as own aw anonal rawureaa lwpenfakn, manapemMLantlargMeatg seiviesaJ astla BMA catracarp oflkm datermksa Is necessary to assure the patter - mares of art ealbaa a. No portion otans ceded shall be sublet, assigned or eaerwise t9aposed of wept wth V1a wMen Consent of the SMA contracting ofIlCer,aadhalHdfePra wWo,and aucllCa1RtRwhT grinshall fart be caroWad to retlra int contractor M any responsibilt/ for tie ruffilnlemt of ft contract Wrtfan consent fon be qtm 0* afar the SMA ha aesuredanaeach w6conhecte avdelrced in WrIDrq and that a Contains all pedfnem provhbns and McIuaments at ths prime a +bad. Vita- SAFETY: ACCIDENT PNEVENTICN 1.1mtMparametiee orate conioses+. urltrwiorslW l rwmpywith at appaeabM Fadamac, Shue, and IaUlawsgownWhp safety, heath, and sanksaon (23 CFR 835). The contra" than prows at aafep;rards, safety devices and prdactm equlpnrnt ant tale wW oftw needed adbns h d determines, or as tet SHA combadt+g offloar may datemrrkte, to be reasoneby necessary to protect aro life and health of tmpioyeasonthajoband ala safety of the public ant to poked pfepeny In uurnActi m Withthe perMmlanca orthaworkeoveredbythe contract. 2. R is a condition of this contract, and then be made a ccMtlon of tech subcontract, whkn tie contractor antes Into Pursuant to &A eortrecL that the contractor and arty subcontractor and not period any emp+oyee, In Performance of the contract, to work In sumouuflrps or under conditions whkn we umanRary, hazardous or dangerous to hlansr teadh or solely, as detomtnad under comtr cum safety and health standards P CFR 1028) pfomulgatedbythe Secrnraryof Lebo;, In accordance with Section 107 ofthe Contract Work Houre And Safety Standards Act (40 U.S,C. 333), 3. Platuamt to 29 CFR 1526.3.Ik is a em cdon of dist contract that lie Secretary of Labor or supplked represertalk thereof, Mag have fightdentry reamyMe ofcothact psrfomsm oto impactor by ntigato the matter of compllanee vrM the construction safety and Matte attendants and to carry Ohs the duliasoflM Secretary under Section 107 of tet Contract Work Kom and Safely Standards Act (40 U.S.C.333). M FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS In order to Masan Ngn qualay aM durable conshction m canrormty wflh approved plam and specitrcatons and a Myr degree of rellatklry on statements and romsamatlem mode by NVIfftro, CWM* A, Suppliers, and Worlwn on FAdxablld highway Projects, d is essential that at persons wnceraed W4h the protect perform that httctlons as wehity. thoroughly, and honesty as Possible. WNW NWIcaikn, detsmen, of misneproeentsdon With respect to any bets related to Sha Project Is a violation of Federal law. To Proved arty misunderstanding ra0udra nue abionlnega of these andeemtartects,th0fogaxe+gnd;nanat be posed onaachFederd-ald ipghvM pmJect (29 CFR Sas) in ons or mora Nam when a is resday Avagable to at Pew concerned with th fuojed: NOTICR TO ALL PERSVM%U MAM ON FECERALAM 14KM WAY PROJECTS 18 U.S.C. W20 note a follows: Wtoewf. beMgen odke/ agent, oremproyes VMS UnkedStafes, aoreny07ate orTemkory, orwhoevef. Wholva Person, assoc islion. Mn, or corwreson, rmowtrgty Minot any fatsa statement. /a7.4e rapvaserrhOart arae report as foie character, goe0ty, quantity w ant Orthe marw&used wbbeuavdWUMquanayWtIvo yore won(Aerdarmrd or to as peebmed. orfha cost therWin, connection we fha a fennyon ofprsna, amps, 1peddeetMR canbace% oreash aronshrucaon on anyftlphwtyarektetlproJsd aubmkotlrorepprovel to ON Seereary of rrfftwrleebn; or WhoewXftwarpymakes amyfehe.sta7enertt htaareprawnwent, raise raper M faea Wim Wmu Mspeof to the Oh M*I., quarry. quanb'fy, aCostof arryworltpenbrmed.afobepsrlomred. ormabrtah -fkdsw onto be furnished M menmcsonwkhfhe Corsduenbn of any hghwryorrolatedhrajeaepprOrodbyme Sa;rv1vy yrnnspvWK a Whoever knowingly makes any lets ahemwt w fates reps• sentruon as to matorw fact Many sreftw1 K. ceradcao. or report sabrnMted pursued to provWoas a'me FadvW40d Roeds Act xgwro edJvy 1.1918,{39 Stat. 353), as amendedaMsupplemonfact Shap he NW IW mora the $10,000 arimprusorted not meta than 5 years orbom.• )L MILEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT (Applt "to ant Federal -aid construction contracts and to all related subcort acts at 11100,000 or more) By wbnaasion of If" tri or the execution of the Dorbacl or wbcon. tract. N appropriate, the bidder, Federa4aM construction contractor, a eu0"Orador, as appropriate, wit be chimed to have stipulated as follow: 1. That any hdltly that fn a wW !b utilized M the peufart®rxa of Nva cnnira- . unleea ouch contract Is exempt under the Clean Alf Ad, at •m wKxW (42 U.S C. 1657 at Coy, as amended W Pub.L 01$04), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 at sem., as atmnded by Pub.L. 92.5CO), Exeautve Order 11730. and r0gtle"n impfemenblien thamf (40 CFR 13) In not Rated, m the Beta of "Mracl award, on the U.S. Efwtenments( Prnlectm Agency (EPA) Ust of Viol" Fadttes pzvnvl040 CFR 19.20. 2 Thatthefirmagrawtoempl wdremslninwmpaancrownhan the requirements of Section 114 of the VeanAirAcl and Setter 306 offt Federal Water Pollution Control Ad and an regulaibm and guidelines listed thereunder. 3. That the rum shag promptly notify the SMA of the receipt of any commuMcstlon rcm tie Obecla, Ocoee of Fedeni Actl*tlea, EPA, In6catng that a WM Mar M a x81 be uttlzed for tins Contract is ureter comideratIon to be tolad on tM EPA List of Violatng FscMea. 4. That the ram agrees to include a muse to be inducted the require. mems of paragraph ] fivmrph a of this Sedum X in every ranaxarlpt subeurdraci, and War apneas to lake suchaetim as the pavanxnant may mrsd as a mans 91Wrlarft such re**Mwts. XL CSPMRCAT{ON REOARDM DEBARMENT, SUSPENSION, MILM1 UTY AND VOLUNTARY EXCLUS" f. InprtMbns tee Cartillcsllm • Prkmry Covered Tremae- ITME (Appkcabh to as FaderNoid tontraets • 49 CFR A a. By signing and aubmllUpq this proposal, the prospective primary participant is providing the ce Radon act out below. b. The Molly of a parson to pWO the etAifkalbn set alit below will not necessarily result h denial or participation cit this weared trarrazoW r. The proepmWoparticipant "Ssdildana planstlon of whylteannotprovids lite"Mucaum Getout WW. Thecertift"m or exp(anallm will ba canidered In c onnedorn with We deparbrtom or sperxYsdatetPt6tglbnwtlMnataeraerw¢otMetmsaaicn. However. fe'due of the prospectivo plvnay pmtclpemto Punish a cxallcom or an explanation atel diegdWy such a person ham pmllclpaem In this lrxnac4M. m The certfksgon ion this clava to a material represergahan of fact upon which reliance was placed when the department orWcy delermvacttoarterixothbNensadbn. Vahlala rktamineditmitta proapaaWe primary padktparx kwM rendered m wmnmm catifwtion, in addition to *w remedies available to the Federal GovarfarrerA. the depatrnatx a epencY may temtknah Btstrmaacfian for cavae of dehua. d. The praperkrs primary pubcipem shall pfmWe immedlate writhe motes to the depnurlent Of agency to whom this proposal Is submitted if arty lima the prospaotoe pdmary partlo"m leans that as csniTgalbn was erroneous when submitted or has becalm erroneous by rasa" or clanged ekwmetanCea. s. The tums'eoverad "ftsacW "deb arW ^suspended,' 'vytplble: "laver tar covered traaadion: "participard,• •person,• 'primary covered iranaaetien; 'pnrmeiptd,"'proposal,` and "vduraanrlr enctudW It wed in this clause• have the MeW* gs set dtA in the Nlinalioa and CDmape sections of rubs koplemen irg Executive order 12549. You may contscithe dtpatment or agemyto which Us proposal is submitted for aseiatence In otxaining a copy of those regulations. f- The PMpethvs primary partiripam agrees W aubeutory this Proposal that, should the proposed ooverad tran"otimbe entered Irxo, R seise not kooMo y enter holo any low ted covered tr =Mn nim s person who Is debarred, euepaeded, tlsdared inelipme, or votumahhY excluded frmm padicipatm in this coveted trensachori, anises autho- rued by the depwaouil or ogerwy entering Into tats transaction. g. The prospective Primary partle'ryem farmer aoreea by submltfl ng We proposal I W l WN Include the clava Iit4tl'GeY.ltiCation Regarding 0ebmhxmt$uapanlon, Inefiglbli lysod Vokemary Exclusion - Lower Ter Covered Tranactart,' provided by toe depatmentoragency wderM Into this Covered transaction, without modification, In all kmer her cdvered transactions and in as solicitations for lower to covered husectlom, h. A Participant in a memo transaction may rely up" at Cenilkallon of a pmapv:4ve parucipent in a lower tler =Med lrarmo- tion tied is nod debarred, suspended, lneUgiWs, or voluredrily excluded fran the Coveted transaction, unless it Imams that the canlllcalbn Is enontous. A partcipam may decide the toothed and hegusntytrywhichtdetemma the eGMb*ofb PnrrolPals. Each pantciparl may, but is not reared to, check Its nmpromnlaem pmdm all the"Usb of Partin, Evckkad From Federal Pmwremad or NortWCYmmele Proprsms".(rt"procuremanl Lisp which Is eomplled by the General Senkn AdminlEuAIM L NdhlnpcmlahadMdroforspdrlg shapbecmetniedtbreapdm axabGMrlem da tyyrAem d recede h orderto KndxMgood hhhthe cettiBcstion rsgtaredworis [base. That fmovht* end krfamattonof perticipam Is nes regarad to ameed thm which Is name%Poeaeeaed by a prtakm person M the amrmry cares of business dea rigs, } drmpllorVenautiane suMa3ee rdlder paolpraphlof these Mepvotbrre, it a petticipant In a covered ft= ion WOWM y amen Into a lower tier covered tranescilm wUh a person who is suspended, debarred, inellglble, or vduni" ex*ded from patl00" in this transaction, In addition to aha romadlea mailatte to sire Federal Oovsmmem, the dMN"am or agency rosy terminate Oft transaction - for dune or ddaA Cedificatlar Reguding Dehamwrdt suspension, fsahlpWY and Voluntary Esdustoo-Priomy Covered Trarmactlom 1. The pmapefdive pdmry pertidpant cmtiltnto the bort M es WAWe* and belief, tied Itand as prindpab: a. Are rax Polarity debarred, suapardell. proposed for daba mart, declared k*%W or vola nta* moluded hot awned traaacliatro by anY Federal depwrrom a a(pncY, b. Haw not wOna 3yaa Period pmadnp llrapmPoW been =MUed of or had s dal "orient rendered against than to carrertiabnorheud or a cmlixi omnse an olmwtlonwtth obWrdnp, s tmngkg Is DWIN or perfmT;bM a pitbec (Federal. Stall a ftaQ transaction or comrsct under s pul tC tramarborlwMatimofFadendor Stals erdArust sietNes or crosr =m of unta6emerd, thetl, forgery. bnbay, hlsftirtlm or destruction Of records,malary false slaWneft, or reca A ng stolm property. - c. Are not presaaiy kdtfdcd for or dhendfa Crime y Or CIWrf dmnged by aprxernrnentdatlty (Federal, $tskof lopq with CmIMIS, sim of"el Ne outrun enumerated In pmagt" lb otthlece Mca- Ikxn; and d. Have null rthk a 3"m period preceding Me appf c donipmpoi d had one or non pubW transactions (Federal. Shte a Moet) terminated fa cause or dehett 2 Where the Prospective primary Participant is unable 19 ceniry to any of the statements In this culldcation, Such prospective penklPant shat attach an explanation to this proposal 2- matrucgaramr CerVlfcatloo•LowarTher CoveredSransae- Hoes: (Apptable to as subcmbacts, purchase ciders end otlrer kmertar hansmtJom of S25,0t(1 ornone • 49 CFR 29) a- By rgmt; and wtbmld ng lhh propoal, ter prospeeWe laver f(ar Is "my me oWcatian sec out bdnw. J It Tne ce0canon in Umle elaube M e material repraasmatlan of to upon nhkh repro* wit 91"awban this Ifmncdbn was enured 710: R n Is War detarminsd That IM propOdlve lovmr LIU perllydpant bW%in fy repharad M 01,01 lL carbf CS501% in addDohh lb *mar mmodkm n*sble to fps Padua! Gamnanen, dw d"rtmem, or agarmvddt Wit" C,le war"c5on awated may "a avaNaDN nemedler. hwkk>up *pan" mdW dsbwmeft. c. The pro.pedi a anew low pattlelpaM etw$ provide imme"a *duan ratdw to fM pww to wtdda Bda pro I P I Is submihad If M any tyro"plo"adtmlowrtlarpamctP Miamatla ftceffcaomwn erroneous by reason of thmgad ctrcwrAtancas. d. The tarms "coveted 7ansadln," "debarred," buspehded," "ktaaglis; 'primary .*vend trsm<adw "particlpard," "person," -PrtmrSpai,"prop0*N; eMlahaaarlymekrded.'asueedintlsseleuas. haw the magmngs ell cut in U*DaMNom and Coverage sectionat of Mea enplemmdfg Fumcwm Order 12549. You may contact ma Pafmn towhlA ass popaad le aitfwhed roraahtenw M obtaining a, COryorthdnregufailarm - .. meprdewc�kaldwernerparucgimagreeaby.ubrrnldngttya pograudmat, ahouldthepropOaW cvVffed hwuadlrr hearmrod kao, It than not krwAdn* timer alto arty Wer Uer covered tmmedln with a personwholedebarrsd,ewPmded,dedaredinWgble,wva warlyy etcerded kom poMelpOdoft in to avern tramadim mien amelia rWdbytnOdspaMtetd oragMCywVw.MehMtransaction oripmted. L The prwpatdm lower Aar parodpard fwt m agrees by er�ndtlagthlapraponitltetdw'A btckiW Ross drueeOkd'Cwti&aliwi Regarding Oehannart, Srbpartaln, MbpllSyandVahaxeryExckmiwF Lr>,vsr Tlw CrmfW Tnnetglon," wRhciR modltanon, M e$ ower tier ewmad WmdCM and h d so9oaati for lower bor cmwad tranaadiwa. g A parficOM In it covered trmeacbon may WY upon a wrfMwl W of a peapecbw paredpaMM a IMW Dar OQAWed tranaac- tin that la not dabometf, aue{wnded, Mgblo, or volurbMy emiucled from ths covered hamaason, units* It iqt that the oeftooticn is enonaam. A ptdttgant rosy decide the nnftd and frequency by w*hndetwmMnemft5gib9ayafa*prirw7pats. Each wrucipant rosy. but Is not ragrddred to, eluckthe NcrTM=entrat List n. NoWrg cwtaarod in the fwegakg arose be rgnetru*d to rscuhs aetabluumnt of a system of mcwda in wow to rends in good h¢h the CMV aUM WOW by mle Cisun. Ths knoiV*lge ane tMamaf lort of prsrdciPa nt is imt recused to exceed that rrlti ch y rtorrrwpy ponemw by a prudent peram in tht ordinary "Lase Of buekMe3 deegrgs. i. Exactfw transacdons rjUwn *d under paragraph • ut chase imtnxxions. If a padldpam M a covered Irwn"aon knpvmghy erdsra IMo a lower Car oswred tramedion whim t parson Who Is *wMded, debarred. Nteag!ble, w voaumrgy vMX40 from panlpetfon In this tnaactlon, In sdMop to otller famtdles aysitabie to the Fedwa Govwnment, the deparbnent or agency wont Y&kh Ods taxa W)on arigrmtss maypwm rrallabl* rmmdles, krctwkrq suspension suds debarment. COrdncallon Regarding Dtbstmeat, Stl"WIWon, lleTlgibl0ty and Vonmtary Ex:Mv cn-LvwerTler Covered Trw■ctiom: 1. Thar p ospectwo ower tiff pwlkipad arthro, by subm"m or eta pmposal, KAt A"Iner It nor los paxlpnle is presently debarred, tuapmdsd, proposed for debamw t. decided abaabk, or v"Unly waludad from participation in this transaction by any Federal depart - row or away. 2. Wharan»prospettNa lower Upprticipant is unable to ce"to any of ft statsmads In this cadirmllon, such poamctles participant shell Mtxh sn ncpw" to dmia proposal. XIL CERTIFICATION REOARLUNG USE OF CONTRACT FUNDI FOR LOBBYING 0WItcabie to as raduawd wnabtcfion contracts and to tie feuted subcoMruU*hich eaceW $I OD,000. 69 CFR 201. . t. The proopoito particopnt urtlnas, by uontr* KA sub"" this b(dor proposal, rothe bteorlds or hep knowlcdowA loaW ihat: a. Nd Fadttu epVWWsd llo ds han oxen paid wwsibepaid, by a on bdW of ale wide coned, to any parson Por nnuencMg at attempting lolnumee M oSnw.oratto ee.ofany Federal agenxy.a .Mwntnr of. Gagmen, m Diller cin oro woo U Congress, a an WOW" are kte0mbwd.Cunprsaa In onnnscumwth Me avrartlMg of arryFedenldantrect,tlmemalmgof sryFWeralpraH, lMmatlig ofany Federle loan, The ante" WO M arty toopwalNa agnemaM, end oro cdaman, caft WJM ranewsi, smWwIrMW, et medlrlanwl of any Federal contract, grid. "%Of 0001)ve m sonanars. b, if anyh"oD+er Don Federal approprwMd h Me havabsen pay or yds to psfd to any peraon Por Innuenci g of attempting to simmer on o11YN w employee of My Federal agenoy, a Member of Congress, an ctkw or wrpl0yed of Conglees, or an employee of a Member of Cagrest In connection wdh this Federal Contract, gnnL Ion, or cmp"Ove agreement, e» underslgned stab oemplete and aubnl Standard Fcrm�LLL, *Olsc un Form to Repot Lobbying,' In accwdanca wdh ttlnatrtKiipm. 2. TNs ardncatln is a matorlai reptewrntatlon of fact upon vddch nfianca era plead whm lhla aansacttan was mads.* *dared hd0 SubWs:von of thts arK=tion Is a perequleke far making or erledng into this transadln attposed by 31 U.S.0-i35Z Ary parson who falx to Me ths required wtlnatle shell be tubjed to a dvd penally of na teat h Aft $10,000 and rent more than 5500,000 fa each such faille. 3 The pospxliVe parS=Wl 1100 agron W sublri" his or her bid or proposal trust he a the ansa regtaro that Lha language of ills "M%aW be sxduded In as lower tier subcontracts, wtdch exceed SiO0,000and incl b *urn redplents shell coffy and c roVou aaord- n&y 'pr9 ATTACHMENT A- EMPLOYMENT PREFERVX9 FOR APPALACHIAN CONTRACTS (AVPWd etoAppakdtiaAcohnacU0") t. Dur9theporrameiusottldscanhthd OWIVIewundertIldn to do worts which IS, Or reasonsW msybs, sons 24 ousks work, ttfe9 ylvs preferehoe to qualaief p"rsais; who ro9ulariF resift in We tabor mea as deaVadedbylhe DCL*Ohmelnthe commodworkle s0uat4 or the s daMrat, or Ile Appallatlen tousles of the Slade wherein the contract work is Waded. s>Rapt:. - a. ToU*eMentthalqudMpmaenare9utaryrefidarglnths area are not availoWe. . - to. For the remamblB Abaft of Ns CotdruM to 111100y Super;spry or speclsM sce?erlehded pawwwol t necessary io*save an etaaent exeeut*n of me cordraotWart C. For" 01:9981ian of Dfe tznmctd 100" empiryment to presetor bastenvow/ las the result ora gwm cdwckve bagakr kp rnr W acl provtdedthat De mnmberof ranteataerd pereana ampViyef under this subparagraph Ib *hall not v=W 4D percent of IN tate( etmibera( rnployeas employed by the contractor or01he cordrWwOM emeptas peoileed M aub mllraph 4 bee - 2 The CenkaCel'shalt puaapboMrWa9+ala State Emplg7nsrd Service Waco" (4) the ieatknaoffOalebocert, tneehlnice and other employees raquksd to perform the =1111a work p) It» Number at empbyaes regWred In each rdesellkmHon, N'. 10 (C)aaedata onW*hhenttr0hssuchemployeesvtlhberaWW,end (d) any otherpolnent Mormagari mlww by the blade Emp"ma'A Satvleeto gomplelaths(oborder form. The)obtader maybe placed vridl @a SWe fanpbyment 9elvice In wraMg or�telsphone.' h dWtkng the cw M of b* Camfaet Wroth.the I1110MIMM subm4led by the camncta in the a*at jab older M subatamisrry modifiea, he shad From fry nbtifyke state Etrpbyme A service. I The contractor shed 9ke NA t oneidsrstbn to 0 qualified pb applicmdc:rofsnad to -him by VW SIAS EMP*n nt SeMCS TM CofdroCtarls rrotrsqukedtoprnusmploytnenttomryjobapplkasawho, In his opkden, an not quaifledto perform Bre ruder of work mwkBCL 4. if, w Na i sash rakft the ptaem9 of it job older by the contratxmwn the state Employment Serra, the Stele em mant Sarw6i is teleble to rota *N grraaaad job app lWft 14 Ills mdrldw. . or"than tha mudawar requested, the state Empl ymsd Samoa Will brcrsrd a oetufka<e to the contractorkrdiafrq the unays lablaty of mpowft such at"Cals zhw be made a pad of the eaMrxta's permah" plo(at word&. Upon receipt 91 this araflcate, the oantractcrma/anptoypersonaha fpr ct ronns$yroaldsa11hs1sDof ret to FA posid" covered by the oadgate, ftftmsWfdiny 9* Prrwislorq Of aubpunrvh it stave. - A TM cerMnacrttgb iulu0etheprorislmsaf Sealom f throtngh 4 of the Attachment A In every rtbeon "d fa Yak Mkh Is, a roaeWW may M. dor* es o"ke work. Ordinances setting the date for elections to authorize the issuance of revenue bonds for a new wastewater treatment facility and improvements to the sanitary sewer collection system and to extend a capital improvements sales tax of one-quarter of one percent for the same purposes. EXECUTIVE SUMMARY These ordinances are integral parts of a financing plan that will be used to plan, design and construct a wastewater treatment facility and to make improvements to the sanitary sewer collection system. The bond ordinance will ask voters to authorize the issuance of $72 million of sewer revenue bonds. Bonds will only be issued to produce net proceeds of $70 million. The additional authorization will be used to pay issuance costs, underwriting fees, and any original issue discounts that may be needed to sell the bonds. The sales tax extension ordinance will ask voters to extend the expiration date of a current capital improvement sales tax from March 31, 2017 to December 31, 2037. The existing ''/a% Capital Improvement Sales "fax that will be asked to be extended was approved by voters in 1997 for water system improvements. After March 31, 2017 this tax, if extended, will be used to make payments on any bonds issued to construct a new wastewater treatment facility. With this sales tax extension user charge increases will be kept to a minimum. BACKGROUND/DISCUSSION The proposed wastewater treatment facility is estimated to cost $66 million. Additionally, improvements are required to be made to the sanitary sewer collection system as part of the operating permit issued by Missouri DNR for the treatment facility. Costs for these improvements have not been finalized but will be well more than will be available after the wastewater treatment facility has been completed. This funding will serve as an initial investment for completing the highest priorities that will be identified by the Inflow & Infiltration Investigation that will be completed by September 2011. The total amount that will be financed to complete this project is $70 million. STAFF RECOMMENDATION Staff recommends that the City Council approve the ordinances setting the elections for Tuesday, April 5.2011. PUBLIC OUTREACH A formal public meeting is scheduled for January 12, 2011 to present the facility plan, environmental impact of the project and user charge impacts. Additional public meetings and presentations will be conducted during the weeks following this meeting and will continue until the date of the election. ATTACHMENTS • BILL NO. 10-181, Ordinance calling election, issuing bonds • BILL NO. 10-182, Ordinance calling election, extension of sales tax BILL NO. 10-181 ORDINANCE NO. AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF ISSUING SEWERAGE SYSTEM REVENUE BONDS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. The City Council of the City of Cape Girardeau, Missouri (the "City") finds it necessary and hereby declares its intent to borrow up to $72,000,000 for the purpose of acquiring, constructing, extending and improving the sewerage system of the City, including but not limited to constructing a new wastewater treatment plant and other improvements necessary for compliance with the requirements of the Missouri Department of Natural Resources (the "Project"), and to evidence such borrowing by the issuance of sewerage system revenue bonds of the City (the "Bonds") in an amount not to exceed $72,000,000. Section 2. An election is hereby ordered to be held in the City on Tuesday, April 5, 2011, on the following proposition: PROPOSITION _ Shall the City of Cape Girardeau, Missouri, issue its sewerage system revenue bonds in the amount of $72,000,000 for the purpose of acquiring, constructing, extending and improving the sewerage system of the City, including but not limited to constructing a new wastewater treatment plant and other improvements necessary for compliance with the requirements of the Missouri Department of Natural Resources? The authorization of the bonds will authorize the City Council to fix, establish, maintain and collect rates and charges for the services provided by said system as will produce income and revenues sufficient to provide funds to pay the costs of operation and maintenance of the system and the principal of and interest on the bonds as they become due and to provide for the establishment of reasonable reserves therefor, any provision of the City's charter to the contrary notwithstanding. Section 3. The form of the Notice of Bond Election for said election, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. Section 4. The City Clerk is hereby authorized and directed to notify the Clerk of the County Commission of Cape Girardeau County, Missouri, of the adoption of this Ordinance no later than 5:00 p.m. on January 25, 2011, and to include in said notification all of the terms and provisions required by Chapter 115 of the Revised Statutes of Missouri, as amended. Section 5. The Mayor, the City Clerk and other officers and representatives of the City are hereby authorized and directed to take such other action as may be necessary to carry out the purpose and intent of this Ordinance. Section 6. If any clause, word, paragraph, section or other part or portion of this Ordinance is held to be invalid, illegal or unconstitutional for any reason, the City Council hereby declares it would nevertheless have enacted the remaining portions thereof and such remaining portions shall remain in full force and effect. Section 7. This Ordinance shall take effect 10 days from and after its final passage. PASSED by the City Council of the City of Cape Girardeau, Missouri, this _ day of January, 2011. (SEAL) Gayle L. Conrad, City Clerk -2- Harry E. Rediger, Mayor EXHIBIT A NOTICE OF BOND ELECTION Notice is hereby given to the qualified voters of the City of Cape Girardeau, Missouri, that the City Council of the City has called an election to be held in the City on Tuesday, April 5, 2011, commencing at 6:00 a.m. and closing at 7:00 p.m., on the proposition contained in the following sample ballot: OFFICIAL BALLOT BOND ELECTION CITY OF CAPE GIRARDEAU, MISSOURI TUESDAY, APRIL 5, 2011 PROPOSITION Shall the City of Cape Girardeau, Missouri, issue its sewerage system revenue bonds in the amount of $72,000,000 for the purpose of acquiring, constructing, extending and improving the sewerage system of the City, including but not limited to constructing a new wastewater treatment plant and other improvements necessary for compliance with the requirements of the Missouri Department of Natural Resources? The authorization of the bonds will authorize the City Council to fix, establish, maintain and collect rates and charges for the services provided by said system as will produce income and revenues sufficient to provide funds to pay the costs of operation and maintenance of the system and the principal of and interest on the bonds as they become due and to provide for the establishment of reasonable reserves therefor, any provision of the City's charter to the contrary notwithstanding. YES ❑ NO ❑ INSTRUCTIONS TO VOTERS: If you are in favor of the proposition, place an X in the box opposite "YES." If you are opposed to the proposition, place an X in the box opposite "NO." The election will be held at the following polling places in the City: PRECINCT POLLING PLACE DATED: 2011. Clerk of the County Commission of Cape Girardeau County, Missouri BILL NO. 10-182 ORDINANCE NO. AN ORDINANCE CALLING FOR AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI ON THE QUESTION OF WHETHER TO EXTEND THE PRESENT ONE-QUARTER OF ONE PERCENT CAPITAL IMPROVEMENT SALES TAX FOR THE PURPOSE OF FUNDING CAPITAL IMPROVEMENTS. WHEREAS, the City Council of the City of Cape Girardeau, Missouri (the "City") currently impose a sales tax of one-half of one percent pursuant to Section 94.577 et seq. of the Revised Statutes of Missouri, as amended, for the purpose of funding capital improvements for the City, including but not limited to the expansion of the waterworks system and related improvements thereto, and the retirement of debt under previously authorized bonded indebtedness for such purposes; and WHEREAS, the City's one-quarter of one percent capital improvement sales tax is presently set to expire on March 31, 2017; and WHEREAS, the City Council desires to place a proposition on the April 5, 2011 ballot to extend the imposition of such sales tax for the purpose of funding capital improvements for the City and the operation of maintenance of such improvements, including but not limited to constructing a new wastewater treatment plant and other improvements to the City's sewerage system and the retirement of authorized bonded indebtedness for such purposes; and WHEREAS, the approval of the proposition will authorize the extension of the existing sales tax beyond March 31, 2017, but will not result in any increase in the amount of the tax. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Section 1. There is hereby extended the imposition of the existing sales tax in the amount of one- quarter of one percent on all retail sales made in the City which are subject to taxation under the provisions of Sections 144.010 to 144.525, inclusive, of the Revised Statutes of Missouri, as amended, for the purpose of funding any municipal capital improvement. Section 2. The extension of the imposition of said sales tax shall become effective as provided by law upon approval thereof by a majority of the votes cast on the proposition by the qualified voters of the City voting thereon. Section 3. An election is hereby ordered to be held in the City on Tuesday, April 5, 2011, on the following proposition: PROPOSITION Shall the City of Cape Girardeau, Missouri, extend the imposition of the City's existing sales tax of one-quarter of one percent (1/4 of I%) for the purpose of funding capital improvements and the operation and maintenance of such improvements, including but not limited to constructing a new wastewater treatment plant and other improvements to the City's sewerage system necessary for compliance with the requirements of the Missouri Department of Natural Resources and the retirement of authorized bonded indebtedness for such purposes, such sales tax to terminate automatically on December 31, 2037? Section 4. The form of the Notice of Election for said election, a copy of which is attached hereto as Exhibit A and made a part hereof, is hereby approved. Section 5. The City Clerk is hereby authorized and directed to notify the Clerk of the County Commission of Cape Girardeau County, Missouri of the adoption of this Ordinance no later than 5:00 p.m. on January 25, 2011, and to include in said notification all of the terms and provisions required by Chapter 115 of the Revised Statutes of Missouri, as amended. Section 6. Upon passage of said proposition, the City Clerk shall forward to the Director of Revenue of the State of Missouri by United States certified or registered mail (1) a certified copy of this Ordinance, (2) a copy of the abstract of the votes cast on the proposition at said election and (3) a map clearly showing the boundaries of the City. Section 7. If any clause, word, paragraph, section or other part or portion of this Ordinance is held to be invalid, illegal or unconstitutional for any reason, the City Council hereby declares it would nevertheless have enacted the remaining portions thereof and such remaining portions shall remain in full force and effect. Section 8. This Ordinance shall take effect 10 days from and after its final passage. PASSED by the City Council of the City of Cape Girardeau, Missouri, this day of January, 2011. (SEAL) Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clcrk EXHIBIT A NOTICE OF ELECTION CITY OF CAPE GIRARDEAU, MISSOURI Notice is hereby given to the qualified voters of the City of Cape Girardeau, Missouri, that the City Council of the City has called an election to be held in the City on April 5, 2011, commencing at 6:00 a.m. and closing at 7:00 p.m., on the proposition contained in the following sample ballot: OFFICIAL BALLOT CITY OF CAPE GIRARDEAU, MISSOURI TUESDAY, APRIL 5, 2011 PROPOSITION Shall the City of Cape Girardeau, Missouri, extend the imposition of the City's existing sales tax of one-quarter of one percent (1/4 of 1%) for the purpose of funding capital improvements and the operation and maintenance of such improvements, including but not limited to constructing a new wastewater treatment plant and other improvements to the City's sewerage system necessary for compliance with the requirements of the Missouri Department of Natural Resources and the retirement of authorized bonded indebtedness for such purposes, such sales tax to terminate automatically on December 31, 2037? YES ❑ NO ❑ INSTRUCTIONS TO VOTERS: If you are in favor of the proposition, place an X in the box opposite "YES." If you are opposed to the proposition, place an X in the box opposite "NO." The approval of the proposition will authorize the extension of the imposition of the City's existing one-quarter of one percent (1/4 of 1%) sales tax, which is being collected in addition to the other sales taxes provided for by law on all receipts from the sale at retail of all tangible personal property or taxable services at retail within the City of Cape Girardeau, Missouri that are subject to taxation under the provisions of Sections 144.010 to 144.525, inclusive, of the Revised Statutes of Missouri, as amended. The election will be held at the following polling places in the City: PRECINCT POLLING PLACE DATED: 2011. Clerk of the County Commission of Cape Girardeau County, Missouri Agenda: December 20, 2010 Staff: Ken Eftink, Assistant City Manager/ Development Services Director Ordinance approving the record plat of Julie Subdivision No. 5 EXECUTIVE SUMMARY The owner of the property located on the north of Shenandoah Ridge has submitted a record plat subdividing Lot 5 of Julie Subdivision No. 4 into two (2) lots. BACKGROUND/DISCUSSION A record plat has been submitted subdividing Lot 5 of Julie Subdivision No. 4 into two (2) lots. The subdivision is located along the north side of Shenandoah Ridge and to the west of Farrar Drive. Acceptable plats have been submitted. STAFF RECOMMENDATION Staff recommends approval of Julie Subdivision No. 5. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval at their meeting on December 8, 2010 by a unanimous vote. ATTACHMENTS • 131LL NO. 10-183, Ordinance approving record plat • Aerial Man • Subdivision Record Plat • Subdivision Application BILL NO. 10-183 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF JULIE SUBDIVISION NO. 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Julie Subdivision No. 5, being a resubdivision of Lot 5 of Julie Subdivision No. 4, a part of Fractional Section 35, Township 31 North, Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau, State of Missouri, submitted by Robert A. Drury, William Bohnert and Carolyn Bohnert, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated October 14, 2010, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri, ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Aerial Map of Julie Subdivision No. 5 L -f Planning S November 201G 1 L S _ 300 600 Feet Legend — Streets O Julie Subdivision No. 5 ,'. Parcels U Bowen a av"'—am .eP R.P ENGINEERING& SURVEYING ILL. I- IF s4aT¢a Mupn ly caulnroswewrRPFAMI s9Anw9®w la mlRmnrA9ewJmerM1 sure aFM r cWxtroF rAFS wnou"l.ya IT 1���rr A RECORD PUTOF AMINOR SUSPIM510M SVRa'F� w4ENo JULIE SUBDIVISION NO. 5 A RESUBDIVISION OF LOT 5 O JUNE SUBDIVISION W.4 `•..,. "•w•,'b • A PMT OF FRACTIQWL BECTON M. TO SNIP SI NORTH, yayS.ygYpRt R E13WTOFTHEFIFTHPRINCIPALMEAIDNN. CIVMO �rw CWNIY OF CAFE OIPARDEAU. STATE OF MISSWRI: a u~.: nr.r. vn ur[. w.[.. v.[. MAYNOIR r no[ n. n.. n.vou. u � w s v z+rna .rirxo r.w ev w 1 n•ra[vnnawn •a nva[.. a. m x..r rux run I rw, u.rs r un.r ' W. eO•'• •r nl. r.n qOW EOF FFMWTOM. nu nn a r. RRnlTI9�NCr& ba.n n..w[orr. uo aaaw o..nr +.. as :....._69..p+r a•••n•-t 1...M4 Yrr.o n re•. r+.rs -n. w.r .n. N. < '-,l s .u.n u m ..... . r : i �MwmN •+we. v. tr. mar e LOTe nw e. my ...nss. r[». ..... .. -� nr..fa. sb uar.r n YItgIBMId1TAR1E r �-1-LL U Bowen a av"'—am .eP R.P ENGINEERING& SURVEYING ILL. I- IF s4aT¢a Mupn ly caulnroswewrRPFAMI s9Anw9®w la mlRmnrA9ewJmerM1 sure aFM r cWxtroF rAFS wnou"l.ya IT 1���rr CITY OF CAPE GIRARDEAU SUBDIVISION APPLICATION Project Name: NTQ 1 i C. t 1a I✓; I%!J 16J 'T V Index It Project Location: Attach surveyor's legal description on CD in State Plane Coordinates This application is for: ❑ Single-family residential ❑ Multi -family ❑ Non-residential ❑ Preliminary Subdivision Plat ❑ Record Plat (of an approved preliminary plat) ❑ Record Plat (for sectionalized development of an approved preliminary plat) 04 Record Plat (for minor subdivision) RECORD PLAT SUBDIVISION REVIEW FEE (to be submitted with application) One and Two Family Residential Multi Family Residential Commercial/Industrial $18.00 per lot $18.00 per dwelling unit $18.00 per acre $90.00 minimum $90.00 minimum $90.00 minimum NOTE: (a) The filing deadline is 3 weeks before the Planning & Zoning Commission meeting held the 2nd Wednesday of each month (except holidays that are observed by the City). (b) The deadline for submittal of revisions necessary to meet State law and City ordinances, or desired by the developer is t week before the Planning & Zoning Commission meeting. (c) Any subdivision plat that requires corrections or for which required review fees have not been paid shall not be presented to the City Council for approval. APPLICANT (main contact: OWNER (If Different): Name: I-9RRY e I1 %eleh Name: Firm: L)IS LJ— Firm: Address: / I Address: 10 P_ Phone:S93 - AJI ax: ;2?S�-S/dS Phone: Fax: E-mail: 4E -mail: PROFESSIONAL SURVEYOR/ENGINEER: DEVELOPER Name: igwa.'_ Mey,.w Name: Firm: Ei 6njc r. nl .r: na �.evew�nn Firm: Address: /o)SW,,,,r., ,,.�T`L.,r 4.,ar .TJ Address: Phone: 33 9 -S4o o Fax: Phone: Fax: E-mail: E-mail: 1, the undersigned, do hereby state that 1 have read and fully understand the provisions of this application and SUBJECT Ordinance for the establishment of a no parking zone for Pacific St. from Broadway to Alta Vista. EXECUTIVE SUMMARY A request has been made by property owners in Wards I and 2 to eliminate all parking on Pacific St. between Broadway and Alta Vista. BACKGROUND/DISCUSSION Research revealed that only two areas existed where parking is allowed. These areas were both on the east side of the street with one being just north of Bellevue in the 300 block that is 320 feet long (about 16 parking spaces) and the other being north of Normal in the 500 block that is 220 feet long (about 11 parking spaces). The remainder of the street on both sides from Broadway to Alta Vista currently is no parking. Public Works staff conducted an off-street parking audit for the properties adjacent to the two areas where parking is currently allowed. That report is attached and includes attempts to reach property owners and the feedback we received from those property owners with which we made contact. STAFF RECOMMENDATION An ordinance is presented for Council's consideration to eliminate the remaining parking on Pacific St. PUBLIC OUTREACH See attached report titled Pacific Street Information. AT'T'ACHMENTS • BILL NO. 10-184, Ordinance amending parking schedule • Location map • Pacific Street Information Report BILL NO. 10-184 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY ESTABLISHING A NO PARKING ZONE ON A PORTION OF PACIFIC STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule F of Section 26-247 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing a no parking zone in the City of Cape Girardeau, Missouri, at the following locations: Pacific Street, both sides, from Broadway to Alta Vista Drive. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk PACIFIC STREET INFORMATION 310 Pacific — There are 3 parking spaces on the side driveway and 10 spaces in the rear of this rental property. I spoke with the Shiloh Management Company and they are in favor of removing the on street parking. 320 Pacific — There are 3 parking spaces on the side driveway and 3 parking spaces in the rear of this rental property. I contacted the owner Charles Roberts and he would not like to loose the on street parking, he also stated to let him know when it would be on the council agenda because he would like to attend the meeting and express his opinion to the council. 322 Pacific — There are 3 parking spaces on the side driveway and 3 parking spaces in the rear of this rental property. This property is in a trust Virginia Bailey and John R. Trust and I had no luck researching the telephone number. I looked in the reverse telephone directory and the sewer, water, trash bill and could not find a contact number to call the owners. 324 Pacific — There are 2 parking spaces on the side driveway and 3 parking spaces in the rear of this rental property. This property is owned by Kathryn L. Rogers. I looked in the reverse telephone directory and the water, sewer, trash bill and had no luck contacting the owner. 330 Pacific —There are 6 spaces in the rear of this rental property. I left two messages with Elite Development LLC in regards to the matter and had no responses. 338 Pacific — There are 6 parking spaces in the rear of this rental property. This property is owned by Charlotte G. Adams. I looked in the reverse telephone directory and the water, sewer, trash bill and had no luck contacting the owner. I spoke with Doug Richards from SEMO Public Safety and he stated that by removing the parking along Pacific Street would have no effect on the University in that area. They are in favor of removing the parking along Pacific Street. He also stated that if anyone would need parking that the University would sell them a parking permit for one of their parking lots in that area. I contacted Father Timothy from the Catholic Charities they have a private parking lot in the rear of their property which holds 30 vehicles, he really did not have an opinion either way in regards to the parking situation, but was kind of leaning towards keeping the on street parking along Pacific Street as a matter of convenience. SUBJECT Acceptance of Annual Audit Report EXECUTIVE SUMMARY Attached is the Audit report for the City for fiscal year ended June 30, 2010. The auditors issued an unqualified opinion on our financial statements (this is what we want). Financial statement findings that identified 3 areas in which the City exceeded its approved budget are included on page 125. The City's responses to these findings are included on pages 125 — 126. BACKGROUND/DISCUSSION Jeff Stroder of Beussink, Hey, Roe, Seabaugh, and Stroder, L.L.C. and City staff will be at the study session to discuss any questions you may have regarding the reports. STAFF RECOMMENDATION Staff recommends that the City Council approve a motion accepting this audit. ATTACHMENTS • Audit i im kiramnng, runuc worxs uirector SUBJECT Levee System Certification EXECUTIVE SUMMARY FEMA regulations related to the Flood Insurance Rate Map (FIRM) program require that levee system owners submit formal certification regarding the condition and predicted performance capabilities of their levee system. The City has a Provisionally Accredited Levee (PAL) agreement with FEMA. As part of that agreement we are to submit our levee certification documentation in April 2011. BACKGROUND/DISCUSSION The City had Horner & Shifrin Engineers perform the first two phases of the levee certification effort in 2009 and 2010. That work is nearing completion and we are now ready to proceed to Phase 3 of the effort. Phase 3 will complete all field work and the documentation for the certification with FEMA. Successful completion of the Levee Certification process will assure that the FIRM maps reflect that the properties located in the flood plain behind the levee system are adequately protected in the Base Flood Event. This is very important with respect to flood insurance rates for properties within the flood plain. FINANCIAL IMPACT The cost for this proposal is $304,000 which will be funded by revenue from the sewer capital improvement sales tax. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Successful completion of the levee certification process will allow property owners to secure flood insurance at the rates allowed for protected properties. Failure to complete the levee certification process will result in increased cost for flood insurance policies. STAFF RECOMMENDATION Staff recommends approval of Addendum No. 2 to Amendment No. 1 to the General Services Agreement dated May, 2009 with Homer & Shifrin Engineers. ATTACHMENTS o BILL NO. 111101, Resolution approving Addendum o Horner & Shifrin Addendum No. 2 to Amendment No. I to the General Services Agreement dated May 2009 with attachments BILL NO. 11-01 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 2 TO AMENDMENT NO. 1 TO THE GENERAL ENGINEERING SERVICES AGREEMENT WITH HORNER & SHIFRIN, INC., FOR THE CAPE GIRARDEAU LEVEE SYSTEM CERTIFICATION, 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 Addendum No. 2 to Amendment No. 1 to the General Engineering Services Agreement with Horner & Shifrin, Inc., for the Cape Girardeau Levee System Certification, in the City of Cape Girardeau, Missouri. A copy of said Addendum is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Horner & Shifrin, Inc. 5200 Oakland Ave. St. Louis MO 63110-1490 (314) 531-4321 • Fax: (314) 531-6966 Addendum No. 2 (Phase 3) to Amendment No.1 Levee System Investigation to General Engineering Services Agreement between the CITY OF CAPE GIRARDEAU, MISSOURI ("Owner"), and HORNER & SHIFRIN, INC. ("Engineer"). SECTION 1 - SCOPE OF WORK Introduction: The OWNER requires assistance in conducting technical reviews, investigating field conditions and locating instructions and records relating to the Mississippi River flood protections system and documentation of evidence showing conformance of the City's Mississippi River flood protections system with 44CFR 65-10. The ultimate use of this documentation will be to provide the basis for subsequent certification of such compliance, thus enabling the system to be re -accredited by the Federal Emergency Management Agency ("FEMA") for flood mapping purposes. Objectives: The objectives of this work are described in the major tasks below. The Engineer's efforts will include the following tasks necessary for reaccreditation but it is expressly understood by the OWNER and ENGINEER that these efforts by the Engineer shall not be construed as "certifying" compliance with 44CFR 65-10 or a guarantee of the performance of the flood control system(s). Such "certification" can not be offered until professional liability insurance policies are rewritten to include coverage for this work. In order to furnish evidence of compliance with 44CFR 65-10, Engineer shall accomplish the major tasks: ITEMS OF WORK Cape Girardeau Levee Data Assembly and Analysis 1. General Description: The levee system is located on the right bank of the Mississippi River between river miles 51.6 and 52.8 and was completed in 1964. a. Floodwalls make up 1.15 miles of the total flood protection. b. They consist of inverted T shapes on rock and in natural and select compacted earth c. There are 5 closure gates within the floodwall. i. Two railroad gates. ii. Three road gates. d. Levees make up the other 0.41 miles of protection. e. Two pump stations (at Merriwether and Mill Streets) provide for interior drainage during flood events. 2. Data Assembly and Analysis: Notwithstanding any other requirements of the contract it is understood by the parties that Assembly and Analysis of Data pertaining to the Levee System by Horner & Shifrin will be used to determine whether, to the best of our knowledge and belief, the levee system was designed and was constructed in accordance with sound engineering practices to provide protection from the base flood (a "positive finding"). This determination will be based on information made available to us on the original design and construction, as well as testing and engineering studies performed by H&S or its subconsultants. The determination does not Certify any greater degree of confidence of performance, expressed or implied. Both parties further recognize that it is impossible to find hidden defects or flaws that could lead to local failures of the levee system. It is also understood that during a flood event, it is common practice, and a responsibility of the Levee Owner to "fight the flood", by which is meant that the levee system will need constant surveillance and immediate action if local failures present themselves. It is further understood that H&S is not under contract to perform continued surveillance of the levee system to ensure the condition of the levee does not deteriorate or change over time from the conditions at the time these services were performed. a. Any elements that present an unacceptable risk to the line of protection in the opinion of H&S will require repair or replacement prior to issuing a report of positive finding. b. The report summarizing the Data Assembly and Analysis will include a statement limiting the validity of its contents to five years from the date of the report. c. If repairs or additional construction are required in order for issuing a positive finding, the engineering for those actions is not included in this proposal. A Supplemental Agreement will be required. d. This Data Assembly and Analysis study will only consider the 1 % (100 year) flood event per FEMA requirements for accreditation. It is understood by H&S that Levee System was designed for the .02% (500 year) flood event. 3. Horner & Shifrin intends to provide the Data Assembly and Analysis report based on the principles of the ACOE "Certification of Levee Systems for the National Flood Insurance Program" version dated September 12, 2007. The procedure outlined in this document will satisfy FEMA requirements. 4. References for the analysis of the existing levee system will be as follows: a. Engineer Regulation (ER) 1110-2-100, 15 February 1995, Periodic Inspection and Continuing Evaluation of Completed Civil Works Structures. b. ER 1110-1-12,21 July 2006, Quality Management. c. ER 1110-2-1405, 30 September 1982, Hydraulic Design for Local Flood Protection Projects. d. Engineering Manual (EM) 1110-2-1418, 31 October 1994, Channel Stability Assessment for Flood Control Projects. e. EM 1110-2-1601,30 June 1994, Hydraulic Design of Flood Control Channels. f. EM 1110-2-1416, 15 October 1993, River Hydraulics g. EM 1110-2-1913,30 April 2000, Design and Construction of Levees. h. EM 1110-1-1904, 30 September 1990, Settlement Analysis. i. EM 1110-2-1901,30 April 1993, Seepage Analysis and Control for Dams. j. ETL 1110-2-569, 1 May 2005, Engineering and Design, Design Guidance for Levee Under -seepage k. EM 1110-2-1902, 31 October 2003, Slope Stability. I. EM 1110-2-1908,30 June 1995, Instrumentation of Embankment Dams and Levees m. EM 1110-2-1914,29 May 1992, Design, Construction and Maintenance of Relief Wells. n. ER 1110-2-1806, 31 July 1995, Earthquake Design and Evaluation for Civil Works Projects. o. EM 1110-2-2705,31 March 1994, Structural Design of Closure Structures for Local Flood Control Protection Projects. p. EM 1110-2-2007,30 April 1995, Structural Design of Concrete Lined Flood Control Channels. q. EM 1110-2-2100,01 December 2005, Stability Analysis of Concrete Structures. r. EM 1110-2-2104,20 Aug 03 (Change 1), Strength Design for Reinforced Concrete Hydraulic Structures. s. EM 1110-2-2105,31 May 1994 (Change 1), Design of Hydraulic Steel Structures. t. EM 1110-2-2502,29 September 1989, Retaining and Flood Walls. u. EM 1110-2-2504,31 March 1994, Design of Sheet Pile Walls. v. EM 1110-2-2705,31 March 1994, Structural Design of Closure Structures for Local Flood Protection Projects. w. EM 1110-2-2902, 31 March 1998 (Change 1), Conduits, Culverts, and Pipes. x. EM 1110-2-2906,1 5 January 1991, Design of Pile Foundations. y. EM 1110-2-6054,01 December 2001 , Inspection, Evaluation and Repair of Hydraulic Steel Structures. z. EM 1110-2-2002, 30 June 1995, Evaluation and Repair of Concrete Structures. aa. ER 1110-2-8157,31 Jan 1997, Responsibility for Hydraulic Steel Structures. bb. EM 1110-2-3105,30 November 1999, Mechanical and Electrical Design of Pumping Stations cc. EM 1110-2-3102, February 1995, General Principles of Pumping Station Design and Layout. dd. Engineering Technical Letter (ETL) 1110-2-571, 10 April 2009, Guidelines for Landscape Planting and Vegetation Management at Levees, Floodwalls, Embankment Dams, and Appurtenant Structures. ee. Engineering Circular (EC) 1110-2-6065, 1 July 2007, Engineering and Design - Comprehensive Evaluation of Project Datum. ff. EC 1110-2-6058, 20 November 2005, Stability analysis of Concrete Structures. gg. Engineering Regulation (ER) 1110-2-8160, 1 March 2009, Policies for Referencing Project Elevation Grades to Nationwide Vertical Datum. 5. Survey. GPS equipment and MoDOT RINEX data was used to provide cross- sections along the length of the wall at 100 feet on center, and at gates and other areas of special interest. Similar equipment and background data will be used in the event that supplemental surveys or location documentation is required. 6. Geotechnical Borings and Laboratory Reports. Shannon & Wilson, Inc. has proposed providing 18 borings, including one landside toe, one crest, and one riverside toe boring for each earthen levee reach (9 borings) one at each closure structure plus an additional at the north closure structure (6 borings) and 3 borings at the floodwall monoliths.. a. See the Shannon & Wilson proposed scope for the details of the geotechnical program. b. See the October 20, 2010 for additions to the subconsultant scope retarding additional borings and the addition of geophysical testing. 7. Interior Drainage. An in-depth review of all of the Flood Insurance Study for the City of Cape Girardeau is not required. H&S will check for "obvious errors" per the ACOE Engineering Technical Letter (draft) 1110-2-570. a. For existing levees a reanalysis of interior stages is not included in this study proposal. If the existing levee is considered adequate, the coincident interior flooded area should already be mapped. b. To verify validity of the existing interior drainage system the following task items will be performed: i. Review of the depicted local flooding and its sources ii. Comparison of currently mapped areas and the volumes they contain with estimated runoff from their contributing rainfall areas iii. Review of the pumping capacity and gravity outlet characteristics of the stormwater conveyance through the flood protection line to the river 8. Hydraulics/Hydrology (Freeboard). H&S will provide a comparison of the hydraulic elevations of the Mississippi River (based on the USACE UMRSFFS that is the basis of the DFIRMs) to the elevation of the floodwall (or levee as applicable) and determine the availability of the required freeboard. This approach complies with FEMA 44CFR65.10 rather than the alternate USACE probability method. 9. Closures. We understand that there are 5 closure structures a. H&S will review the designs of the new closures based on the references above. b. H&S will review the design of the existing closures based on current criteria referenced above. The proposed hours contained herein assume that calculations are available from the ACOE for review. 10. Flood Walls._ H&S will review the existing calculations available for the flood walls to verify the design loading conditions in the original engineering analysis and design meet current criteria, and a general review of the wall design meets current criteria. a. Structural Stability criterion shall be based on EC 1110-2-6058. b. Structural Strength criteria shall be based on EM1110-2-2104. 11.As-Built Plans. The plans provided by the ACOE will be compared to the existing construction. This task will be accomplished by comparing the plans to our findings during the field inspection. . a. There are no available records to determine which method of construction was used: impervious clay or dredged material with an impervious clay cap. b. A plan set will be organized so that elements of the system that have been reconstructed or replaced will be correctly included. c. Provide an As -Built Plan set to FEMA. This set will be As -Built only to the extent that we are provided the information. 12. Geotechnical Analysis. Assess embankment protection using procedures described in USACE Engineering Manual 1110-2-1913 (Design and Construction of Levees) so that no appreciable erosion of the levee embankment can be expected during the base flood and that anticipated erosion will not result in failure of the levee embankment or foundation directly or indirectly through reduction of the seepage path and subsequent instability. The factors to be addressed in such analyses include, but are not limited to: a. Expected flow velocities (especially in constricted areas); b. Expected wind and wave action; c. Ice loading; d. Impact of debris; e. Slope protection techniques; f. Duration of flooding at various stages and velocities; g. Embankment and foundation materials, h. Levee alignment, bends, and transitions, and i. Levee side slopes. 13. Geotechnical Evaluation: Analyze embankment and foundation stability using procedures described in USACE Engineering Manual 1110-2-1902 (Slope Stability) to demonstrate that seepage into or through the levee foundation and embankment during loading conditions associated with the base flood will not jeopardize embankment or foundation stability. Factors to be addressed shall be: a. Depth of flooding, b. Duration of flooding; c. Embankment geometry and length of seepage path at critical locations; d. Embankment and foundation materials; e. Embankment compaction; f. Penetrations, g. Other design factors affecting seepage (e.g., drainage layers); h. Other design factors affecting embankment and foundation stability (e.g., berms). i. Review corrugated metal pipe (CMP) inspection records and reports. 14. Geotechnical Evaluation (Settlement Analysis). Assess the potential and magnitude of future losses of freeboard as a result of levee settlement and demonstrate that freeboard will be maintained within the minimum freeboard standards using procedures described in USACE Engineering Manual EM 1110-1-1904 (Settlement Analysis). This analysis must address: a. Embankment loads, b. Compressibility of embankment soils, c. Compressibility of foundation soils, d. Age of the levee system, and e. Construction compaction methods. 15. Electrical & Mechanical. Pertains to system pump stations. Condition assessment is the analysis method to be used in the data assembly and analysis to determine failure modes of pump stations and drainage structures. The results of Periodic Inspection shall be incorporated by reference unless changes have been made between the Periodic Inspection and this data assembly. In which case inspections should follow the same process as done during the Periodic Inspections The following list of items contributes to pump station failure modes and should be considered in certification data requirements: a. plant building b. pumps c. motors, engines, fans, gear reducers, etc. d. power supply e. megger testing on pump motors f. motor control center g. enclosures, panel, conduit and ducts h. circuit breakers i. instruments j. sumps/wet well k. intake and discharge pipes I. flap gates/flap valves/pinch valves m. trash racks n. sluice/slide gates o. fuel systems for pump engines 16. Site Investigations. Conduct site visit to collect pertinent information to support the certification data requirements or identify areas that need further analysis. Tasks to accomplish this scope Item. a. Assemble an inspection team comprised of disciplines similar to the periodic inspection team under the ICW program. b. Walk the entire length of the levee system to physically inspect all aspects of the system. 17. Sewer Inspections. There are sewers of various sizes along the Protection System. If it becomes advisable based on inability to directly inspect the condition of the sewers, a contract supplemental agreement may be necessary. 18. Emergency Response Plan & Status . a. Review the ERP. b. Make Recommendations for improvement if we recognize opportunities. 19. Probability of Failure and Consequences not in scope. This is a probabilistic approach to failure analysis from the "possible interaction of the levee system components" and is based on the Failure Mode Analysis as applied to dam safety investigation contained in the US Dept. of the Interior "Dam Safety Risk Analysis Methodology". This analysis is not required by FEMA. 20. Operations Plans and Criteria. Levee systems must be maintained in accordance with an officially adopted maintenance plan, and a copy of this plan must be provided to FEMA. The maintenance plan must document the formal procedure that ensures that the stability, height, and overall integrity of the levee and its associated structures and systems are maintained. b. The maintenance plan must include the following minimum criteria: c. A list of maintenance activities to be performed; d. Frequency of their performance; and e. Person by name or title responsible for their performance. 21. Data Assembly and Analysis a. Write first draft of Findings of Data Assembly and Analysis (DAA) i. Coordinate with City of Cape Girardeau on any needed modifications prior to issuance of the Findings. b. Prepare As -Built drawings and exhibits for draft DAA c. Edit and write final DAA Findings d. Edit drawings and exhibits for final DAA Findings 22. Not Included: a. The cost of Railroad Protective Liability Insurance. b. Mapping of utilities. Services ENGINEER will provide necessary narrative documentation, maps and exhibits, and other information which may be required to support the statements and conclusions reached. ENGINEER will also communicate with state and federal agencies as needed, and provide such civil and hydraulic engineering analyses necessary to support the statements and conclusions. Coordination ENGINEER will perform the above work on the basis of information furnished by OWNER. SECTION 2 — ESTIMATED COST Based upon the above -referenced SCOPE OF WORK, we estimate the cost to furnish the items within Phase 3 of the scope to be $304,000. RESPONSIBILITIES OF OWNER It is ENGINEER's understanding that OWNER will provide the following assistance, information, and/or related elements: A. Assistance by placing at ENGINEER's disposal all available current information pertinent to this assignment; including previously developed plans, specifications, reports, permits, and other data. B. Appropriate liaison with the OWNER'S staff involved in this effort. C. Reasonable access to other data and records related to this assignment that ENGINEER may determine a need for. OWNER shall be responsible for, and ENGINEER shall rely on correctness of information, drawings, etc. made available by the OWNER, without the need for verification. COMPENSATION A. Amount of Payment and Statements Engineer proposes to complete the above Scope of Services at our hourly rates described in Attachment A to the estimated amount in Section 2 above. In the event that additional work is required, OWNER will be informed and the additional work will not be performed without express written consent of OWNER. 2. Statements from ENGINEER to OWNER requesting progress payments shall be prepared and transmitted for payment in the manner prescribed in the Terms and Conditions below. B. The terms of compensation and other terms and conditions governing this work shall be as defined by General Engineering Services Agreement dated May 5, 2009 except as modified herein. SCHEDULE ENGINEER proposes to complete the work defined herein within 8 months following OWNER's notice to proceed with the above described services. The adherence to this schedule is, of course, contingent on timely receipt from the OWNER of information needed by the ENGINEER to carry out this assignment, prompt review and return of all documents submitted to OWNER by ENGINEER for comment/approval, and the physical accessibility and completion of elements subject to inspection and review. LIMITATION OF LIABILITY Limitation of Liability. In recognition of the relative risks, rewards, and benefits of the Project to both OWNER and ENGINEER, the total liability, in the aggregate, of ENGINEER and ENGINEER's CONSULTANTS as well as of their respective officers, directors, employees, or agents, or any of them, to OWNER and anyone claiming by, through or under OWNER, for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to the services provided under this Agreement, including but not limited to the negligence, errors, omissions, strict liability or breach of contract of ENGINEER or ENGINEER'S consultants as well as their respective officers, directors, employees, or agents, or any of them, to the fullest extent permitted by law, shall be limited to and shall not exceed liability coverage described in Paragraph HA.of the General Services Agreement to which this assignment is Amendment 2 of Addendum 1. . THIRD PARTY BENEFICIARY LANGUAGE No Third Party Beneficiaries. This Agreement is not intended to confer upon any person other than the Parties any rights or remedies hereunder. We sincerely appreciate this opportunity to be considered for professional services for the City of Cape Girardeau. If there are any questions concerning our proposal, please contact either of the undersigned. If this proposal is acceptable, please sign and return one copy to us for our files. Thank you for your consideration of Horner & Shifrin. Respectfully Submitted, William P. Clarke President Scott Meyer City Manager Gene Rovak Project Manager Gayle Conrad City Clerk Date Date Agenda: January 10, Staff: Ken Eftink, Assistant City Manager/ AGENDA REPORT Cape Girardeau City Counic Director of Development Services il Resolution Authorizing the City Manager to Execute a License and Indemnity Agreement with Atlas Plastics Corporation, d/b/a Spartech Plastics, Fred R. Wilferth and Judith R. Wilferth to maintain existing structures located on Spartech Drive Right-of-way. EXECUTIVE SUMMARY This resolution authorizes the City Manager to execute a License and Indemnity Agreement with Spartech Plastics, Fred R. Wilferth and Judith R. Wilferth to maintain existing structures on the Spartech Drive right-of-way just west of Broadview. BACKGROUND/DISCUSSION During discussions with Spartech Plastics regarding the transfer of property along Optimist Drive, it was discovered that some of their existing structures on the north side of Spartech Drive encroach upon the right-of-way of Spartech Drive. This property is owned by Fred and Judith Wilferth and leased to Spartech Plastics, according to Spartech representatives. A License and Indemnity Agreement was negotiated as part of the transfer that allows them to maintain their structures on the right-of-way, and they agreed to the assumption of all risk. This section of Spartech Drive was established over time when the railroad tracks were abandoned and removed. The City has claimed title to this section of the abandoned railroad. It appears the railroad had allowed these structures to be constructed partially on their right-of-way. The City has improved the street in recent years and the encroachment has not been a problem due to the wide right-of-way at this location. FINANCIAL IMPACT There should be no significant impact on City financial resources. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS This Agreement allows Spartech to continue operating at their existing facilities. STAFF RECOMMENDATION Staff recommends that the Council approve the resolution authorizing the City Manager to execute a License and Indemnity Agreement with Atlas Plastics Corporation, d/b/a Spartech Plastics, Fred R. Wilferth and Judith R. Wilferth allowing them to maintain existing structures on the Spartech Drive right-of-way. ATTACHMENTS • BILL NO. 1 11 102, Resolution authorizing City Manager to execute L & I Agreement • L & I Agreement • Survey of the L & I Agreement area • Aerial Map of the area BILL NO. 11-02 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH ATLAS PLASTICS CORPORATION, D/B/A SPARTECH PLASTICS, FRED R. WILFERTI-I AND JUDITH R. WILFERTH TO IVLAINTAIN EXISTING STRUCTURES LOCATED ON SPARTECH DRIVE_ RIGHT- OF-WAY IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CI'fY 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 Atlas Plastics Corporation, d/b/a Spartech Plastics, and Fred R. Wilferth and Judith R. Wilferth to maintain existing structures located on Spartech Drive right-of-way in the City of Cape Girardeau, Missouri. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF 2011. Harry E. Rediget, 1Vlayor A'I-I'ES'I': Gayle L. Conrad City Clerk LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Nhssourt, hereinafter known as "City", granting Atlas Plastics Corporation, dba Spartech Plastics, and Fred R. Wilferth and Judith R. Wilferth, hereinafter known as "Licensees", permission to place certain improvements and conduct certain activities on City property which is located at 229 Optimist Drive in the City of Cape Girardeau, Nlissouri, Cape Girardeau County, Missouri, the parties hereto state as follows: 1. The City of Cape Girardeau, Missouri, hereby grants to Licensees a license to place certain improvements to -wit: • Existing structures located on Spartech Drive right-of-way as shown on Exhibit A. 2. Licensees, and their successors, heirs and assigns all agree as follows: A. That they will assume 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 aforementioned property, which may occur directly or indirectly from the placing of said improvements or the conduct of such activities on City property. B. That they do hereby release the City of Cape Girardeau, its officers, employees, agents, servants and assigns from any liability which might occur from the placing or use of such improvements or the conduct of such activities. C. That they will indemnify and hold harmless the City of Cape Girardeau, its officers, employees, agents and servants from all suits and actions of every name and description brought against the City, its officers, employees, agents and servants for or on account of any injuries or damages received or sustained by any parties or alleged to be received or sustained by any parties or party which may result directly or indirectly from the placing or use of said improvement or the conduct of such activities on City property. D. That they will keep said improvements which are placed on the City property in a state of good repair and will cooperate with the City by making necessary repairs as requested by the City so as to protect the health and safety of the Citizens. E. That they will not maintain on the property any hazardous or toxic waste or substances, as defined under all applicable federal, state and local emaronmenml laws, including, but not limited to, hazardous waste as defined in the Resource Conservation and Recovery Act of 1976 as amended ("RCRA"), hazardous substances as defined in the Comprehensive Environmental Response Compensation and Liability Act as amended ("CERCLxV') and toxic substances as defined in the Toxic Substances Control Act as amended ("TSCt1"). Any operations on the 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 on the property which constitutes a violation of Environmental haws or any other laws, regulations, ordinances, statutes, order or decrees of any governmental body. F. Nothing in this agreement or actions of the City in granting permission to place said improvements or conduct of such activities on the described property shall be construed to give the Licensee, any irrevocable rights to keep said improvements or activities on such property. The City Council reserves the right to terminate this agreement and to order the removal of said improvements and/or the cessation of said activities in the future at the cost of Licensees, their successors and assigns, should the City Council determine this to be in the best interest of the City. In such event, Licensees, or their successors and assigns, agree to remove said improvements and to cease such activities within thirty (30) days of notice. Should Licensees, or thein successors, heirs or assigns fail to comply with any of the terms of this agreement, the City of Cape Girardeau reserves the right to make any repairs or alterations deemed necessary by the City of Cape Girardeau by giving Licensees, or their successors, heirs or assigns, thirty (30) days notice and such persons, successors, heirs or assigns hereby agree that they will pay for any costs incurred by the City° for such repairs or alterations. If the Licensee fails to pay for any costs incurred by the City for such repairs or alterations, the City may issue tax bills which shall become alien against the land owned by the Licensee. 3. This license and the covenants herein contained shall run with the land and inure to and be binding upon the successors, heirs and assigns of the respective parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed this .2010. ATTEST Gayle L. Conrad City Clerk Scott A. Meyer, City Manager ATLAS PLASTICS CORPORATION, DBA SPARTECH PLASTICS Signature Typed Name and Title Fred R. Wilferth Judith R. Wilfetth STATE OF MISSOURI ) ss. COUNTY OF CAPE GIR-ARDEAU ) day of On this day of , 2010, before me appeared Scott A. ]Meyer, to me personally known, who, being by me duly sworn, did say that he is the City iiManager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the sea] of said city and that the said instrument was signed and sealed on behalf of said City by authoriq of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, blissouri, the day and year first above written. My Commission Expires: STATE' OF MISSOURI ) SS. COUNTS' OF CAPE GIRARDEAU ) BE IT REMEMBERED, That on this day of undersigned, a Notary Public in and for the County and State aforesaid, came 2010 before me, the _, to me personally known, who, being by me duly sworn, did state that he is the of the Atlas Plastics Corporation, dba Spartech Plastics, and that said instrument was signed in behalf of the corporation for the consideration stated therein and no other, and said act and deed of the corporation. acknowledged said instrument to be the free In Testimony Whereof, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. ['Typed Name of Notary Public] ;lily Commission Expires: STATE, OF MISSOURI ) ss. COUNTY OF CAPE GIRAMEAU ) On this day of , 2010, before me personally appeared Fred R. andjudith R. Wilferth, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. In Testimony Whereof, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. [Typed Name of Notary Public] MY Commission Expires: ATLAS PLASTICS CORPORATION, PLAT OF SURVEY FORSCROGGINS CONSTRUCTION BOOK #246 PAGE #381 OF THE LAND DESCRIPTION RECORDS OF CAPE GIRARDEAU COUNTY MISSOURI A P00 L OF LAND BEING PART Of LOT LO /3 Of D TH NORTHEAST PARTITION OF THE SOUTH PART Of LOT IV 01 THE SOUTHWEST QUARTER OF OUT RV 80, THE GST PARI OF NO 61 AND ME NCAST Of PART O! LRT /2 OF ROBERT SNRTED IN E CITY AN C NT LOl BI IN SURVEY U MISS TOWNSHIP 11 NORTH, RANGE 13 Gsi Of THE TSRH ED By MERIDIAN OUND$D IN THE : AND COUNTY Of CAPC GIRARDEAU MISSOURI, 540 PARCEL BEING MORE PARTICULARLY DESCRIBED BY YCtES AND BWNOS AS IOLLONS: COMMENCE of the Southwest Como of Lot /3 at Pak NDlndurll'a Porllllon; thence NAT50'o0'E., a distance of 75.90 feel ID an Iron PROP; IMnn 5.81.40'55'E., a dMancs al 255.00 bel To o 1/2' Iron Rod and the PONT 0! BEGINNING; thence continue 5.61V096'E., a distance of 175.51 Int la o 1/2' Iron Rod an IM Minions RI,ht-eel-Way Ons DI Braadrbw Street; fleece SAr'9'03'VP., Plan, cold Rlghl-eel-Wal. o distance of 2)3.30 be' 10 a Chiseled Cron al the Pit sn•cNon of cold Wesbrl, Rlghl-eel-MiGs with In. NarlMtly Rlohl-PI-WR, Line PI SParinh DIRe; IMnce N.55 -14'14N.. along lost sold Rlghl-Pf-Was, a dNbnn of 18.11 Int to 0 1/2' Iron Rod; thence reporting from aid pgM-of-MiGs. N.iT20'e1'E., a distance al 159.90 bel to Inc POINT 0! BEGINNING. Containing 0.93B ams, more or less. In We City and County of Cape Girardeau Missouri As per Sunn by Scott A. Rionards. Prabni.... Land Sanqur /2359, doled August of 2010. Sudial to ..414,, ER—ons if ons. 90IJTTiWE5T CONSM or TpPIL-B BIIBOIVI310N(PIAT BOOR 616 PAG[ IBA) \ to MOW OR FORMERLY) o PAUL DOZA BOOK /550 - PAGE #113 P.O.B. (NOW OR FMWRLY) 1BLATDRYWALL B00K 4786786 -PAGE #009 (NOW OR FORMERLY) e.Sr FRED R. AND JUDTH RWILFERTH� BOOK #761 - PAGE #973 30.00. POIM CIF COMMETJCEMETlI THE 501IT11WEST CORNER +W OF LOT i3 OF NOMDURPI5 TV PARTITION (FLAT BOOR 64 POLE 646) OA • + j( KO �'� �( =� rCQ SA Q � �! PART OF LOT 63 OF NOTHDURRS PARTITION 3 �OyO q 0.938 Ac. aa �Pq9au$E yyo 5 T H s '(5 N LEGEND MrCAD BINIDING 2 CFICIECAl �u • SEI 1/2' RW AND KAP BY 6.67 R. • FOUND IRON ROD F, (00X0 1P0N 01°E re FOUND STONEY IHS Y �➢l �'y. REFERENCES O CALCULATED WRN[N BY 26.11 R. Plat BoSY /2. Pegs /61 (Reference) /L XISCOSITIONNCRETE SECTION Plat Beek /A. Pope µ6 (Reference) EROSS NT FJ EXISTING RHCC INTERSECTION AA6YY4 Plat Beek /21. Page /19 (Reference) .+J IOUNO S)ON( CAIRN FOUND pial Beak /16, Page /64 (Reference) RE[ BUILDING - ( FENCE UNC CNGRQeLFC Boot 216, Pa ge cote) 0 ASS NOTE NOiCO BY 0.37 PF. Book 6761, Page /971 (ADJOINER) P.O.B. POINT OF BEGINNING Book 6)66, Page /009 (ADJOINER� Book 6550, Page 6113 (AOJOINER Book 9271, Page /616 (Reference) OIL FI95 gook 6211, P... 6151 (Rotor....) BY 3.0 R. Book X62. Voy. /661 (Reroence) This is to cereus that a MI, mM nae. Book 6239, 1°a. B111 (Reform,.) urvhe the p in to moan coolish a shown described! above cop. Prior Sunm M P.E.S. /2359 annex" Pel, by Plot, Sur Survq O two and o and was Prior Surnye UV P.LS. 61276 ofwhich ..l IM pnl of In cent w11n Ine ... with Prlo Survq. oY P.LS #152 MI. current Ylnlmum Standard. ariliPr Tor Properly Boundary Surveys In 1M y Boundary Prior Surwn P.LS. /1527 Cleanun MNnifthurl. GMen my hand and not of [oq Girardeau, 1q. Prior Survey. oV P.I.S. 9163) , ri Augder Miss'losouri Yinourl IM1ie 161M1 dos of August. A.D. 2010, 00' Aerial Pnel°propn 115-9N1 YISSOUW GND SUWEYM N0. 2359 FILE FOR RECORD THIS _-__ WY OF 2010 IN GRAPHIC SCALP THE OFPK;E OF THE RECORDER OF DEEDS IN CME GIRARDEAU COUNTY AT JACKSON. MISSOURI IN SURVEYORS PIAT BOM NO. ___ Al Is PACE NO. _ ---�--y JANET ROBERT, RECORDER OF DEEDS 1 is TSFi) URBAN SURVEY t Inco > +o n LOCATION: CAPE GIRARDEAU MISSOURI SURVEY OF 0.936 ACRES (SPARTECH) I RIM71 I 1 M 1 fJAVF R/CHARDS CdND 3U Spartech License & Indemnity License & Indemnity Agreement covers the property within the Right of Way for Spartech Drive that is currently being used by Spartech Plastics l rc 110 _ - -220 max: ?r 0 t Legend` Streets Parcels __L— Data Obtained from the City of Cape Girardeau GIS Program ee 1/4/2011 vayte L. Uonrao, uny uierK SUBJECT Application for retail liquor by the drink and Sunday sales license from Erin M. Bragg, d/b/a Dino's Pizza, 1034 Broadway, Erin M. Bragg, Managing Officer EXECUTIVE SUMMARY Attached is an application submitted by Erin Bragg to sell alcohol at Dino's Pizza located at 1034 Broadway. This application has been reviewed by the Police Department as well as the City Inspector. Final inspections are yet to be completed by the Health and Fire Departments. BACKGROUNDIDISCUSSION On November I, 2010, an application was submitted to the City Council for consideration of a liquor license for Ms. Bragg at this same businesses. At that meeting Mr. Brian Phillips, brother-in-law to Ms. Bragg, appeared in opposition to the liquor license, and the Council did not approve the license. Dino's Pizza is not open and does not have a business license at this time. Since the applicant meets the criteria as set forth by City Ordinance under the section, of police department review (Chapter 5 Section 34), the Police Department has signed off on the application. Note on the Police Activity Report that Ms. Bragg is awaiting a court appearance on a misdemeanor harassment summons after a complaint was filed by Mr. Phillips for harassing phone calls following the November Council meeting. STAFF RECOMMENDATION Since inspections have not been completed by the Health or Fire Departments, the application can only be conditionally approved. ATTACHMENTS • Liquor license application City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 12-30-10 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from ERIN M. BRAGG, d/b/a DINO'S PIZZA, located at 1034 BROADWAY, for a RETAIL LIQUOR BY THE DRINK & SUNDAY SALES license. Contact number is 334-6006. Please complete inspection and return to Customer Service. Referred to Police Department 12-30-10 Referred to City Inspector 12-30-10 Referred to Fire Inspector 12-30-10 Referred to Health Inspector 12-30-10 Notice (sign) given to Applicant: 12-30-10 for Council Meeting on 1-10-11 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT / CITY INSPECTOR t/ HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) TEMPORARY CHANGE IN TYPE OF LIC. NEW RENEWAL CHANGE IN MANAGING OFFICER Date Submitted: 12-30-10 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS: I have received an application from ERIN M. BRAGG, d/b/a DINO'S PIZZA, located at 1034 BROADWAY, for a RETAIL LIQUOR BY THE DRINK & SUNDAY SALES license. Contact number is 334-6006. Please complete inspection and return to Customer Service. Referred to Police Department 12-30-10 Referred to City Inspector 12-30-10 Referred to Fire Inspector 12-30-10 Referred to Health Inspector 12-30-10 Notice (sign) given to Applicant: 12-30-10 for Council Meeting on 1-10-11 The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR FIRE INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant: DINO'S PIZZA Managing Officer ERIN M. BRAGG Business Address: 1034 BROADWAY Type of Liquor License: RETAIL LIQUOR BY THE DRINK & SUNDAY SALES Type of license in last 6 months: N/A Approval of Applicant by Police Depa bnt• r Date C l� [� �( Signature__ Inspection Personnel: Zoning Classification The applicant (is, is not) required to post the notice required under, Sec. 5-33-a. The applicant (has, has not) posted for 10 days the notice required under Sec. 5-33-1-a This structure (is, is not) within 200 feet of a church or school building or resident. Sea 5-6 This structure (is, is not) zoned correctly as required under Chapter 30 (4) of the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting on Applicant: Managing Officer Business Address: City of Cape Girardeau 401 INDEPENDENCE P 0 BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW DINO'S PIZZA ERIN M. BRAGG 1034 BROADWAY Type of Liquor License: RETAIL LIQUOR BY THE DRINK & SUNDAY SALES Type of license in last 6 months: N/A Approval of Applicant by Police Department: Date Signature Inspection Personnel: (� Zoning Classification Cr ID The applicants, 's not) required to post the notice required under, Sec. 5-33-a. The applican as, as not) posted for 10 days the notice required under Sec. 5-33-1-a This structu (is s not) within 200 feet of a church or school building or resident. Sec. 5-6 This struetur (is, is not) zoned correctly as Date l /� S ature Chapter 30 (4) of the City Code of Ordinances. This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OF BUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: DATE OF REVIEW: Erin M. Bragg, d/b/a Dino's Pizza 1034 Broadway Erin M. Bragg January 4, 2011 SUMMARY OFACTIVITIES EFFECTING THE ESTABLISHMENT.- There STABLISHMENT: There is no criminal history on file for Ms. Bragg. This application is for a new "Retail Liquor by the Drink and Sunday Sales" license. There have been no alcohol related incidents involving this ownership at the above location requiring police intervention in the past twelve months. Ms. Bragg does have a pending misdemeanor charge for harassment. She has been issued a summons and has a court date, for February 3, 201* in Cape Girardeau Municipal Court. ,�vll �dai l ACa'rli nison, G iefof ice Lieutenant Barry Hovis Auxiliary Services CGPD Form #112 City of Cape Girardeau 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-339-6322 FAX: 573-339-6306 APPLICATION FOR LIQUOR LICENSE APPLICATION FOR: (check one or more) —46% LIQUOR BY THE DRINK _RETAIL LIQUOR BY THE DRINK ORIGINAL PACKAGE LIQUOR WHOLESALERS OF MALT LIQUOR NOT IN EXCESS OF 5% WHOLESALERS OF IN'T'OXICATING LIQUOR — UNDER 22% WHOLESALERS OF INTOXICATING LIQUOR—ALL KINDS _SUNDAY SALES (PERMIT TO ALLOW COMSUMPTION OF LIQUOR) MANUFACTURERS OF BEER DISTILLERS AND MANUFACTURERS OF LIQUOR WINE TASTING NAME OF APPLICANT D/B/A ADDRESS OF APPLICANT 10*61 6rog,3WClu APPLICANT HOME PHONE , BUSINESS PHONL TYPE OF OWNERSHIP (check one only) Corporation Partnership Proprietorship or sole owner STREET ADDRESS AND SPECIFIC DESCRIPTION OF PREMISES WHICH LICENSE APPLIED FOR WOULD COVER (i.e. NUMBER OF ROOMS, NUMBER OF STORIES, OUTDOOR SEATING AREAS, ETC.) ALL AREAS LISTED ARE SUBJECT TO INSPECTION BY CITY INSPECTORS AND MUST MEET CODE REQUIREMENTS. ADDRESS: 0 A &ocO w aU DESCRIPTION: ( S�r,�� 3 S� �� �o ��c M.. addltr ARE YOU IN PRESENT POSSESSION OF PREMISES DESCRIBED PREVIOUSLY? YES X. NO ARE ANY ALTERATIONS TO THE BUILDING OR PREMISES CURRENTLY UNDER WAY OR PLANNED IN THE IMMEDIATE FUTURE? YES NO__y HAS THERE BEEN A PRIOR LIQUOR LICENSE ISSUED WITHIN THE PAST SIX (6) MONTHS WITH THE SAME TYPE OF LICENSE OR A LESS RESTRICTIVE LICENSE? YES NO_Y IF NO, PLEASE BE AWARE THAT ACCORDING TO CITY CODE SEC. 5-33, EACH APPLICANT WILL BE GIVEN A SIGN TO BE POSTED FOR AT LEAST TEN (10) DAYS PRIOR TO COUNCIL ACTION. THE SIGN WILL CONTAIN THE NOTICE OF APPLICATION AND THE TIME WHEN AND PLACE WHERE THE COUNCIL, SHALL CONSIDER THE APPLICATION. THE APPLICANT SHALL BE RESPONSIBLE FOR POSTING THE SIGN. WHEN GIVEN THE SIGN TO POST, A WOODEN STAKE(S) WILL ALSO BE GIVEN, IN WHICH THE APPLICANT MUST RETURN IN ORDER TO RECEIVE THEIR LIQUOR LICENSE. IS THE BUILDING IN WHICH THE LICENSED PREMISES ARE LOCATED, LOCATED WITHIN 200 FEET OF ANY SCHOOL OR CHURCH BUILDING? YES NO) IF YES, PLEASE BE AWARE THAT ACCORDING TO CITY CODE SEC. 5-6, NO LICENSE SHALL BE GRANTED FOR THE SALE OF INTOXICATING LIQUOR WITHIN TWO HUNDRED (200) FEET OF ANY SCHOOL, CHURCH, OR OTHER BUILDING REGULARLY USED AS A PLACE OF RELIGIOUS WORSHIP. I, the undersigned, hereby apply to the City Council of the City of Cape Girardeau, State of Missouri, for the license above described on the above described premises and for the purpose of inducing the City Council to issue to me said license, I make the statements and answers hereinafter set out and understand and agree that if any statements of answers made herein are untrue and the license herein applied for is granted, such license may be revoked or suspended by said City Council and I further understand and agree that if I, or any of my employees, shall violate the provisions of any ordinances of the City of Cape Girardeau, Missouri, or knowingly allow any other person to do so upon the licensed premises, the City Council may suspend or revoke the license granted hereunder. Applicant further agrees that if the license is granted, inspections may be made in accordance with the regulations as set forth in the Ordinances of the City. In addition, applicant understands that any false statement contained in this application may result in prosecution under the Code of Ordinances for the City of Cape Girardeau, Missouri, and/or state law. ALL QUESTIONS ON THIS APPLICATION MUST BE ANSWERED COMPLETELY BEFORE THE APPLICATION WILL BE CONSIDERED. ANSWERS MUST BE TYPED OR LEGIBLY PRINTED. WHERE NECESSARY, ANSWERS SHOULD BE COMPLETED ON ADDITIONAL SHEETS OF PAPER. 1. TO BE COMPLETED BY CORPORATIONS ONLY. State the exact corporate name of applicant: State the date and place of incorporation: State the address of the principal office of the corporation: State the names and residence addresses of all officers of the corporation and the office held by each: FULL NAME ADDRESS OFFICE D.O.B. (AND MAIDEN NAME IF APPLICABLE) State names of all stockholders and the number of shares owned by each (if not a closely held corporation, list those who own at least 10% of issued stock.) FULL NAME (AND MAIDEN NAME IF APPLICABLE) NUMBER OF SHARES 2. TO BE COMPLETED BY PARTNERSHIPS ONLY. State the name of partnerships State date partnerships was State names of all partners: FULL NAME (AND MAIDEN NAME IF APPLICABLE) DRIVERS LIC. NO. ALL REMAINING QUESTIONS MUST BE COMPLETED BY ALL APPLICANTS: 3. PROVIDE THE FOLLOWING INFORMATION PERTAINING TO TFIE MANAGING OFFICER OF THE CORPORATION, EACH PARTNER OF A PARTNERSHIP OF THE OWNER OF A SOLE PROPRIETORSHIP: Full name (and maiden name if applicable) Current residence address ID3 q 6rOGL()U i J tUAPH = Length of residency at current address Cc> M©iAs Date of birth_ _Is the managing officer a U. S. Citizen? G es Place of birth Current Driver's License: number = tate (i nt5 All former driver's license: (list state and number All former names and times when used: FULL NAME FROM TO All former residence addresses for past fifteen years and date of residence for each address: 4. State the type of business for which you seek a liquor license. 5. Describe all related activities which you intend to conduct on the premise for which you seek a license. KeS�ynrwl�y 6. Is the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of family interested directly or indirectly in any other license issued by the Supervisor of Liquor Control or the City of Cape Girardeau which is now in force? ll r�) If so, give details: 7. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of owner's, managing officer's, or any partner's household or immediate family at any time in the past, held a license from the Supervisor of Liquor Control or the City of Cape Girardeau which was denied? If so, give details: 8. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of owner's, managing officer's, or any partner's household or immediate family ever made application for a license from the Supervisor of Liquor Control or the City of Cape Girardeau which was denied? n o If so, name the applicant, date of denial and details regarding same. 9. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner, or any member of owner's, managing officer's, or any partner's household or immediate family ever had any license issued by the Supervisor of Liquor Control of the State of Missouri or by the licensing authority of any other state or by any city, suspended or revoked? (1C) If so, give details 10. Is there now employed, or do you expect to employ, in the business sought to be licensed hereunder any person who has at any time had a license from the Supervisor of Liquor Control revoked or suspended? nC If so, give details 11. Has the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner ever been employed by any person, partnership, or corporation that had a license suspended or revoked by the Supervisor of Liquor Control of the State of Missouri? Pl0 If so, give details: 12. Has any license heretofore issued by the Supervisor of Liquor Control for the premises for which you seek a license ever been suspended or revoked by the Supervisor of Liquor Control of the State of Missouri? f)n If so, who was the licensee? 13. Has the owner, managing officer, or any partner ever been arrested or indicted for the violation of any Federal Law, law of the State of Missouri, or any other state: 1p If so, give details: 14. Has the owner, managing officer, or any partner ever been convicted of any crime in any Missouri Court, any Court of any other State, any Federal Court or any Court of any other Country? rv) If so, give details: 15. Has the owner, managing officer, or any partner ever been convicted of the violation of any ordinance of any city relating to intoxicating liquor gambling, immorality, fighting, or peace disturbance?UIf so, give details: zPrv-. �'Ao rnr .i a V "C - .PI 0 o r<< a.6n a, 16. Has the owner, managing officer or any partner or any member of owner's, managing officer's or partner's household or immediate family ever been convicted of any Federal Law or law of any state concerning intoxicating liquor? u e c If so, give details as to each conviction, giving name of person convicted, and nature of offense, court where sentence was entered, and sentence imposed or tine imposed. ..tea:�rsic�sEM r_w MJIMMaa•� 17. Is there now employed or do you expect to employ, in the business hereunder any person who has been convicted of any crime? f10 If so, give details 18. Do you own or rent the premises for which you seek a license? 19. Who is your landlord? wDnSAPA rNOS A �emoA �cxS 20. What interest, if any, does your landlord have, directly or indirectly, in the business which you intend to engage in if the license is granted? 21. Does your landlord now hold, or has he ever held, a license of any kind issued by the Supervisor of Liquor Control?, flt) 22. Did you pay the former owner the total purchase price in cash? If not, state in detail manner of payment? 23. Does the former owner of the business have any interest either directly or indirectly in the business for which you seek a.license? If so, give details: (CIA"N 24. Give the name of any person, firm, or corporation holding any mortgage or encumbrances of any kind against the business for which you seek a license. dnr\a �MLOS60M I)CAA,Qn�t 25. State names of person, firm, or corporation that has advanced, or that will advance any money to you to purchase or operate the business for which you seek a license. 26. Does the owner, managing officer, corporation, any stockholder, or any partner have any interest directly or indirectly in any brewery, winery, distillery, rectifying or blending plant or wholesale liquor concern either as part owner, stockholders, agent or employee or otherwise? Ifso, give details 27. State the name and address of any distillery, wholesaler, winemaker, brewer, or any employee, officer or agent thereof who has, or will have any financial interest directly or indirectly, in the business for which you seek a license: fV�,n p 28. State the name of any distiller, wholesaler, winemaker, brewer, or any employee, officer, or agent thereof who has loaned or who will directly or indirectly, loan, give away, or furnish equipment, money, credit or property of any kind to you except ordinary commercial credit for liquors sold to you and except such articles and services, if any, as are permitted by the regulations of the Supervisor of Liquor Control. f�p Le - 29. State the name and residence of any person, firm or corporation, if any, who is interested, or who will become interested, directly or indirectly, other than hereinabove set out, in the business for which you seek a license and the nature of such interest. 30. Has any bonding company ever cancelled any bond signed by it for the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner in connection with any license issued to you by the Supervisor of Liquor Control? 31. Has any bonding company ever refused to sign any such bond for the owner, managing officer, corporation, any stockholder owning 10% or more of issued stock, or any partner? 32. is this application a subterfuge to permit any person other than yourself or the corporation to secure a license from the City of Cape Girardeau, in your name, for his benefit? 33. Please list the name(s) of any firms, partnerships, joint ventures, associations, corporations, organizations or entities of any kind in which the applicant(s) holds any stock, title, or other ownership or controlling interest and the amount of interest held in percentage amount. This answer should only include those entities that are delinquent on any or all taxes, fees, or accounts owed to the City. Name Type of Ownership Interest Percentage Held 34. Please list the name(s) of any persons, fines, partnerships, joint ventures, associations, corporations, organizations or entities of any kind which hold any stock, title, or other ownership or controlling interest in the applicant(s), and the amount of interest held in percentage amount. This answer should only include those persons and entities that are delinquent on any or all taxes, fees, or accounts owed to the City. Name Type of Ownership Interest Percentage Held 35. Please list the name(s) of any firms, partnerships, joint ventures, associations, corporations, organizations or entities of any kind in which any person or entity listed in your response to question number 34 holds any stock, title, or other ownership or controlling interest, and the amount of interest held in percentage amount. This answer should only include those persons and entities that are delinquent on any or all taxes, fees, or accounts owed to the City. Name Type of Ownership Interest Percentage Held 36. Execute the appropriate acknowledgement. FOR PARTNERS OR SOLE PROPRIETORS: STATE OF (..ISS OU r I ) 'n) SS. COUNTY O c,' IJ I ra-r6lea � ) G r' n In, 5 , of lawful age being first duly sworn upon oaths, depose and say that ( e, she) have react this application and the instructions with reference thereto and that (he, she, they) fully understand the same; that (he, she) know the contents and the statements contained therein and that the same are true. Applicant has personal knowledge of the information contained the application and has read the provisions of Article XV of Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri. r EO,-0,-q'- Subscribed aa,Q Subscribed and sworn to me before this '�/* day of �� A610 jUE NOTPU LIC My Commission Expires: -/ 9-(3 MARY LOU GOHN Notary Public - Notary Seal State of Missouri Commissioned for Cape Girardeau County My Commission Expires: April 19, 2013 Commission Number: 09478015 CITY OF CAPE GIRARDEAU MISSOURI APPLICATION FOR RESTAURANT -BAR LICENSE SUNDAY SALES Applicant, � r'r� C�)rG ❑o d/b/a n; (lc P;2_2_0, hereby requests that a lice se be issued for a restaurant -bar, whereby applicant may sell intoxicating liquors between the hours of 11:00 A.M. and midnight on Sunday. Applicant hereby certifies that he meets the following standards: That he/she has a restaurant or similar facility on the premises whereby at least fifty per cent (50%) of the gross income of the restaurant or similar facility is derived from the sale of prepared meals or foods consumed on premises. 2. That applicant possesses a license under Chapter 5 of the Code of Ordinances of the City of Cape Girardeau, Missouri, to sell intoxicating liquors. Applicant is aware that in order to secure a Restaurant -Bar license he must, in addition, secure all other State and county licenses required under the Revised Statutes of Missouri. Applicant, has been issued License No. to operate a facility at 10 3-1 f WA4 Cape Girardeau, Missouri, and hereby applies for a Restaurant -Bar License to operated in conjunction with his restaurant business on Sundays at l()'A 6V00. A�,oc,,q , Cape Girardeau, Missouri. Applicant's si re be Dated this City Manager Must be the same as on original license application day of Date 20 ORDINANCES Agenda: January 10, 2011 Staff: Gayle L. Conrad, City Clerk SUBJECT Ordinance calling an election on the question of whether to adopt an ordinance known as the "Cape Girardeau Smoke -Free Air Act" EXECUTIVE SUMMARY Attached is an ordinance calling a special election for April 5 relating to the adoption of an ordinance known as the Cape Girardeau Smoke -Free Air Act, as submitted by Petitioner's Committee. The ordinance has been prepared as an emergency measure pursuant to Section 3.15(d) of the City Charter. BACKGROUND/DISCUSSION On October 25`h the City received a Notice of initiative Proceedings and a proposed Ordinance relating to the Cape Girardeau Smoke Free Air Act. The Petitioner's Committee subsequently submitted two separate groups of petitions. A total of 2,571 signatures were verified by Kara Clark as legally registered voters, and 2,441 were needed to declare the petition sufficient. The petition was certified, and per the City Charter, the City Council has 60 days from the date of sufficiency to adopt the proposed initiative ordinance without any change in substance or submit the proposed ordinance to the voters of the City. The 60 day period ends February 1. To submit to a vote, the Council must adopt an Ordinance calling an election. Final certification date to the County Clerk for an April election is January 25 and for a June election is March 29. FINANCIAL IMPACT The City will be liable for all election expenses, estimated at approximately $18,000, in addition to the $18,000 estimated for the wastewater treatment plant issue. We do not expect to add any additional personnel for enforcement should the vote yield an affirmative vote. SUSTAINABILITY: ECONOMIC ENVIRONMENTAL AND SOCIAL IMPACTS The calling of the election will have no sustainable economic or environmental impact to the city. However, it will be interesting to see the social impact as this issue is debated and decided at the polls. STAFF RECOMMENDATION This issue has been previously discussed by the City Council. Staff is submitting the attached ordinance for consideration calling an election on April 5`h regarding the Cape Girardeau Smoke -Free Air Act. ATTACHMENTS • BILL NO. 111103, Ordinance calling election • Notice of Petitioner's Committee and proposed Ordinance Bill No. 11-03 Ordinance No. AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER TO ADOPT AN INITIATIVE ORDINANCE KNOWN AS THE "CAPE GIRARDEAU SMOKE-FREE AIR ACT" TO PROHIBIT SMOKING IN INDOOR WORKPLACES AND PUBLIC PLACES; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. A special election is hereby ordered to be held in the City of Cape Girardeau, Missouri, on Tuesday, April 5, 2011, on the following question: QUESTION Shall the City of Cape Girardeau, Missouri, adopt an Ordinance proposed by the initiative process of the City Charter entitled the "Cape Girardeau Smoke -Free Air Act" to prohibit smoking in indoor workplaces and public places, as defined therein, including aquariums, galleries, libraries and museums; areas available to the public in businesses and non-profit entities, such as banks, laundromats, professional offices and retail service establishments; bars; private clubs with one or more employees; bingo facilities; licensed child care and adult care facilities; convention facilities; public and private educational facilities; elevators; gaming facilities; health care facilities; at least eighty percent (80%) of hotel and motel rooms; polling places, public transportation vehicles, and ticket, boarding and waiting areas of public transportation facilities; restaurants; restrooms, lobbies, reception areas, hallways and other common -use areas; retail stores; rooms and places of meeting, including school buildings, under the control of the City of Cape Girardeau or a political subdivision of the State; service lines; sports arenas; theaters; enclosed facilities within places of employment, including auditoriums, classrooms, meeting rooms, private offices, cafeterias, employee lounges, and stairs; all private and semi- private rooms in nursing homes; within a reasonable distance of outside entrances, windows and ventilation systems; and including enforcement and penalty provisions; as set forth in the proposed Ordinance? ARTICLE 2. The form of the notice of election for the special election, a copy of which is hereby attached and made a part hereof, is hereby approved. ARTICLE 3. The City Clerk is hereby authorized and directed to notify the County Clerk of Cape Girardeau County, Missouri, of the passage of this ordinance no later than 5:00 o'clock P.M. on January 25, 2011, and to include in the notification all of the terms and provisions required by the Comprehensive Election Act, Chapter 115, Missouri Revised Statutes, as amended. ARTICLE 4. Copies of the proposed "Cape Girardeau Smoke - Free Air Act" Ordinance shall be made available at the polls. ARTICLE 5. Pursuant to Section 3.15(d) of the Charter of the City of Cape Girardeau, Missouri, this measure is adopted as an emergency measure because it calls an election or provides for the submission of a proposal to the people, and January 25, 2011, is the deadline for filing Notice of the election with the County Clerk. Accordingly, this ordinance will take effect immediately upon its passage and approval PASSED AND APPROVED this day of Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2011. NOTICE OF ELECTION CITY OF CAPE GIRARDEAU, MISSOURI Notice is hereby given to the qualified voters of the City of Cape Girardeau, Missouri, that the City Council of the City has called a special election to be held in the City on April 5, 2011, commencing at 6:00 o'clock A.M. and closing at 7:00 o'clock P.M. on the question contained in the following sample ballot: OFFICIAL BALLOT SPECIAL ELECTION CITY OF CAPE GIRARDEAU, MISSOURI April 5, 2011 QUESTION Shall the City of Cape Girardeau, Missouri, adopt an Ordinance proposed by the initiative process of the City Charter entitled the "Cape Girardeau Smoke -Free Air Act" to prohibit smoking in indoor workplaces and public places, as defined therein, including aquariums, galleries, libraries and museums; areas available to the public in businesses and non-profit entities, such as banks, laundromats, professional offices and retail service establishments; bars; bingo facilities; licensed child care and adult care facilities; convention facilities; public and private educational facilities; elevators; gaming facilities; health care facilities; at least eighty percent (806) of hotel and motel rooms; polling places, public transportation vehicles, and ticket, boarding and waiting areas of public transportation facilities; restaurants; restrooms, lobbies, reception areas, hallways and other common -use areas; retail stores; rooms and places of meeting, including school buildings, under the control of the City of Cape Girardeau or a political subdivision of the State; service lines; sports arenas; theaters; enclosed facilities within places of employment, including auditoriums, classrooms, meeting rooms, private offices, cafeterias, employee lounges, and stairs; all private and semi- private rooms in nursing homes; within a reasonable distance of outside entrances, windows and ventilation systems; and including enforcement and penalty provisions; as set forth in the proposed Ordinance? YES NO If you are in favor of the question, place an "X" in the box opposite "YES". If you are opposed to the question, place an "X" in the box opposite "NO". The election will be held at the following polling places in the City: WARD 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 14. 15. 16. POLLING PLACES 17. Dated this day of , 20 Kara Clark, Clerk of the County Commission RECEIVED OCT 2 5 2010 Notice of Commencement of Initiative Proceedings Affidavit of the Petitioners' Committee TO: THE CITY CLERK OF THE CITY OF CAPE GIRARDEAU, MISSOURI We, the undersigned, being registered and qualified voters of the City of Cape Girardeau, under the authority of Article VIII, Section 8 of the Charter of the City of Cape Girardeau, Missouri, hereby commence initiative proceedings for the following proposed initiative ordinance and shall constitute the Petitioners' Committee and be responsible for circulating the petition and filing it in proper form per Article VIII, Section 8.02 of the City Charter. Aaeumphries 3241 Kage Hills Dr Cape Girardeau, MO 63701 Susan Elrod 3106 Beaver Creek Cape Girardeau, MO 63701 A C al arker 188 Garnet Lane Cape Girardeau, MO 63701 Notices to the Committee are to be sent to: Susan Elrod 3106 Beaver Creek Cape Girardeau, MO 63701 Charles Wilson 2147 Silver Campine Cape Girardeau, MO 63701 Sheri House 2137 Chesapeake Avenue Cape Girardeau, MO 63701 AN ORDINANCE ADOPTING PROVISIONS TO PROHIBIT SMOKING IN INDOOR WORKPLACES AND PUBLIC PLACES, HEREBY KNOW AS THE CAPE GIRARDEAU SMOKE-FREE AIR ACT. WHEREAS, the 2006 U.S. Surgeon General's Report, The Health Consequences of Involuntary Exposure to Tobacco Smoke, has concluded that (1) secondhand smoke exposure causes disease and premature death in children and adults who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS), acute respiratory problems, ear infections and asthma attacks and that smoking by parents causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults to secondhand smoke has immediate adverse effects on the cardiovascular system and causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure to secondhand smoke; (5) establishing smoke-free workplaces is the only effective way to ensure that secondhand smoke exposure does not occur in the workplace, because ventilation and other air cleaning technologies cannot completely control for exposure of non-smokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that smoke-free policies and laws do not have an adverse economic impact on the hospitality industry. WHEREAS, scientific evidence has firmly established that there is no safe level of exposure to secondhand tobacco smoke, a pollutant that causes serious illness in adults and children. There is also indisputable evidence that implementing 100% smoke-free environments is the only effective way to protect the population from the harmful effects of exposure to secondhand smoke. NOW, THEREFORE, be it ordained by the people of the City of Cape Girardeau as follows: SECTION 1: DEFINITIONS The following words and phrases, whenever used in this Ordinance, shall be construed as defined in this Section: BAR: An establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages including, but not limited to, taverns, nightclubs, cocktail lounges and cabarets. BUSINESS: A sole proprietorship, partnership, joint venture, corporation or other business entity, either for-profit or not-for-profit, including retail establishments where goods or services are sold; professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered; and private clubs. EMPLOYEE: A person who is employed by an employer in consideration for direct or indirect monetary wages or profit. EMPLOYER: A person, business, partnership, association, corporation, including a municipal corporation, trust or non-profit entity, that employs the services of one (1) or more individual persons. ENCLOSED AREA: All space between a floor and ceiling that is enclosed on all sides by permanent or temporary walls or windows (exclusive of doorways), which extend from the floor to the ceiling. HEALTH CARE FACILITY: An office or institution providing care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, long-term care facilities, homes for the aging or chronically ill, laboratories and offices of surgeons, chiropractors, physical therapists, physicians, psychiatrists, dentists and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semi-private rooms and wards within health care facilities. PLACE OF EMPLOYMENT: An area under the control of a public or private employer that employees normally frequent during the course of employment including, but not limited to, work areas, private offices, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, hallways and vehicles. A private residence is not a "place of employment" unless it is used as a licensed child care, licensed adult day care or licensed health care facility. PRIVATE CLUB: means a not-for-profit organization incorporated under the laws of the State of Missouri for fraternal or social purposes or for a congressionally chartered veterans' organization, which has a defined membership and restricts admission to members of the club and their guests and which is operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The organization has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. Private club shall not include an establishment that is generally open to members of the general public upon payment of a fee. A private club shall be considered a "public place" when it is the site of a meeting, event or activity that is open to the public. PUBLIC PLACE: An enclosed area to which the public is invited or in which the public is permitted including, but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters and waiting rooms. A private residence is not a "public place" unless it is used as a licensed child care, licensed adult day care or licensed health care facility. RESTAURANT: An eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands and private and public school cafeterias, which gives or offers for sale food to the public, guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant. RETAIL TOBACCO STORE: A retail store used primarily for the sale of tobacco products and accessories and where more than seventy percent (70%) of the volume of trade or business carried on there is that of the blending of tobaccos or sales of tobaccos, cigarettes, pipes, cigars or smoking sundries and in which the sale of other products is incidental. Does not include a tobacco department of a larger commercial establishment such as a department ctnra riicrm int ctnra nr har nr ratnil cfnrac i icari nrimarily fnr tha sales of smnkinn mafarialc SERVICE LINE: An indoor line in which one (1) or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money, including, but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines and sporting event lines. SMOKING: Inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette or pipe in any manner or in any form. SPORTS ARENA: Sports pavilions, stadiums, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports or other events. SECTION 2: APPLICATION OF ORDINANCE TO CAPE GIRARDEAU FACILITIES All enclosed facilities, including buildings leased or operated by the City of Cape Girardeau shall be subject to the provisions of this Ordinance. Smoking is prohibited in City vehicles. SECTION 3: PROHIBITION OF SMOKING IN ENCLOSED PUBLIC PLACES Smoking shall be prohibited in all enclosed public places within the City of Cape Girardeau including, but not limited to, the following places: 1. Aquariums, galleries, libraries and museums. 2. Areas available to and customarily used by the general public in businesses and non- profit entities patronized by the public including, but not limited to, banks, laundromats, professional offices and retail service establishments. 3. Bars. 4. Bingo facilities. 5. Licensed child care and licensed adult day care facilities. 6. Convention facilities. 7. Educational facilities, both public and private. 8. Elevators. 9. Gaming facilities. 10. Health care facilities. 11. Hotels and motels except in designated private rooms allowed for smoking and rented to guests. 12. Lobbies, hallways and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple -unit residential facilities. 13. Polling places. 14. Public transportation vehicles, including buses and taxicabs, under the authority of the City of Cape Girardeau and ticket, boarding and waiting areas of public transportation facilities, including bus, train and airport facilities. 15. Restaurants. 16. Restrooms, lobbies, reception areas, hallways and other common -use areas. 17. Retail stores. 18. Rooms, chambers, places of meeting or public assembly, including school buildings, under the control of an agency, board, commission, committee or council of the City of Cape Girardeau or a political subdivision of the State, to the extent the place is subject to the jurisdiction of the City of Cape Girardeau. 19. Service lines. 20. Sports arenas, including enclosed places in outdoor arenas. 21. Theaters and other facilities primarily used for exhibiting motion pictures, stage dramas, lectures, musical recitals or other similar performances. SECTION 4: PROHIBITION OF SMOKING IN PLACES OF EMPLOYMENT A. Smoking shall be prohibited in all enclosed facilities within places of employment in the following areas. This includes common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms and all other enclosed facilities. B. This prohibition on smoking shall be communicated to all existing employees by the effective date of this Ordinance and to all prospective employees upon their application for employment. SECTION 5: PROHIBITION OF SMOKING IN ENCLOSED RESIDENTIAL FACILITIES Smoking shall be prohibited in the following enclosed residential facilities: 1. All private and semi -private rooms in nursing homes. 2. At least eighty percent (80%) of hotel and motel rooms that are rented to guests. Designated non-smoking hotel rooms shall have signage outside the hotel room saying the room is a non-smoking room. SECTION 6: PROHIBITION OF SMOKING IN OUTDOOR AREAS Smoking shall be prohibited in the following outdoor places Within a reasonable distance of outside entrances, operable windows and ventilation systems of enclosed areas where smoking is prohibited, so as to insure that tobacco smoke does not enter those areas. SECTION 7: WHERE SMOKING NOT REGULATED Notwithstanding any other provision of this Ordinance to the contrary, the following areas shall be exempt from the provisions of Sections 3 and 4: 1. Private residences, except when used as a licensed childcare, licensed adult day care or licensed health care facility and except as provided in Section 5. 2. Not more than twenty percent (20%) of hotel and motel rooms rented to guests and designated as smoking rooms. All smoking rooms on the same floor must be contiguous and smoke from these rooms must not infiltrate into areas where smoking is prohibited under the provisions of this Ordinance. The status of rooms as smoking or non-smoking may not be changed, except to add additional non-smoking rooms. 3. Private clubs that have no employees, except when being used for a function to which the general public is invited; provided that smoke from such clubs does not infiltrate into areas where smoking is prohibited under the provisions of this Ordinance. This exemption shall not apply to any organization that is established for the purpose of avoiding compliance with this Ordinance. 4. Outdoor areas of places of employment except those covered by the provisions of Section 6. 5. Retail tobacco stores as defined by this Ordinance and provided that smoke does not infiltrate into areas where smoking is otherwise prohibited. This exemption shall not apply to any business that is established for the purpose of avoiding compliance with this Ordinance. SECTION 8: DECLARATION OF ESTABLISHMENT AS NON-SMOKING Notwithstanding any other provision of this Ordinance, an owner, operator, manager or other person in control of an establishment, facility or outdoor area may declare that entire establishment, facility or outdoor area as a non-smoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of Section 9A is posted. SECTION 9: POSTING OF SIGNS A. "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at every entrance in every public place and place of employment where smoking is prohibited by this Ordinance by the owner, operator, manager or other person in control of that place. B. All ashtrays shall be removed from any area where smoking is prohibited by this Ordinance by the owner, operator, manager or other person having control of the area. SECTION 10: NON -RETALIATION -- NON -WAIVER OF RIGHTS A. No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee, applicant for employment or customer because that employee, applicant or customer exercises any rights afforded by this Ordinance or reports or attempts to prosecute a violation of this Ordinance. B. An employee who works in a setting where an employer allows smoking does not waive or otherwise surrender any legal rights the employee may have against the employer or any other party. SECTION 11: ENFORCEMENT A. This Ordinance shall be enforced by the City Manager or an authorized designee B. Notice of the provisions of this Ordinance shall be given to all applicants for a business license in the City of Cape Girardeau. C. Any citizen who desires to register a complaint under this Ordinance may initiate enforcement with the City Administrator or an authorized designee. D. The Code Enforcement Officer or his/her designee shall, while an establishment is undergoing otherwise mandated inspections, inspect for compliance with this Ordinance. E. An owner, manager, operator or employee of an establishment regulated by this Ordinance shall inform persons violating this Ordinance of the appropriate provisions thereof. F. In addition to the remedies provided by the provisions of this Section, the City Administrator with the Mayor/City Council authorization or any person aggrieved by the failure of the owner, operator, manager or other person in control of a public place or a place of employment to comply with the provisions of this Ordinance may apply for injunctive relief to enforce those provisions in any court of competent jurisdiction. SECTION 12: VIOLATIONS, CONVICTIONS AND PENALTIES A. A person who smokes in an area where smoking is prohibited by the provisions of this Ordinance shall be guilty of an infraction punishable by a fine not exceeding fifty dollars ($50.00). Except as otherwise provided in Section 10, a person who owns, manages, operates or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Ordinance shall be guilty of an infraction punishable by a fine not to exceed five hundred dollars ($500.00). B. In addition to the fines established by this Section, violation of this Ordinance by a person who owns, manages, operates or otherwise controls a public place or place of employment may result in the suspension or revocation of any permit or license by the Mayor/City Council issued to the person for the premises on which the violation occurred. C. Each day on which a violation of this Ordinance occurs shall be considered a separate and distinct violation. SECTION 13: OTHER APPLICABLE LAWS This Ordinance shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws. SECTION 14: LIBERAL CONSTRUCTION This Ordinance shall be liberally construed so as to further its purposes. SECTION 15: SEVERABILITY If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and to this end the provisions of this Ordinance are declared to be severable. SECTION 17: EFFECTIVE DATE This Ordinance shall be effective sixty (60) days from and after the date of its passage by a majority of voters. Kelly Green, Uity Engineer SUBJECT Ordinance Authorizing the City Manager to Enter Into a Municipal Agreement with the Missouri Highways and Transportation Commission Federal Aid Program for the Extension of the Riverwalk Trail along the Mississippi River (DP -1500(020)). EXECUTIVE SUMMARY This agreement offers 100% participation by the Missouri Highways and Transportation Commission Federal Aid Program for the Extension of the Riverwalk Trail along the Mississippi River North to the Red Star Access Boat Ramp and South to the Southeast Missouri State University's River Campus. BACKGROUND/DISCUSSION On March 4, 2010, the Transportation, Housing and Urban Development and Related Agencies Appropriations Act, 2010, identified 353 projects totaling $292,879,000 for Surface Transportation Priorities projects. The State of Missouri was awarded 18 projects totaling $15,197,405. The Mississippi Riverwalk Trail Extension was one of the Missouri projects with $1,599,727 awarded. This allotment was the largest for any of the Missouri projects. FINANCIAL IMPACT Upon approval, the Commission will reimburse 100% of all eligible design and construction costs not to exceed $1,599,727.00. SUSTAINABILITY: ECONOMIC. ENVIRONMENTAL AND SOCIAL IMPACTS This trail will provide accessibility to the public visiting the River Front and Historic Downtown Cape Girardeau. The addition of the trail will also provide a healthier environment for our citizens. STAFF RECOMMENDATION Staff recommends that the Council approve an Ordinance authorizing the City Manager to enter into the Missouri Highways and Transportation Commission Program Agreement for this phase of the Mississippi Riverwalk. ATTACHMENTS • BILL NO. 11;04, Ordinance approving agreement • Agreement • Map of Project Area BILL NO. 11-04 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FEDERAL AID PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE EXTENSION OF THE RIVERWALK TRAIL ALONG THE MISSISSIPPI RIVER, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Federal Aid Program Agreement with the Missouri Highways and Transportation Commission for extension of the Riverwalk Trail along the Mississippi River north to the Red Star Boat Ramp and south to the Southeast Missouri State University's River Campus. A copy of said Agreement is attached to this Ordinance and made a part hereof. ARTICLE 2. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CCO Form: RM17 Approved: 07/06 (BDG) Revised: 08/10 (MWH) Modified: Riverwalk Trail Completion City of Cape Girardeau DP -1500(020) CFDA Number: CFDA #20.205 CFDA Title: Highway Planning and Construction Award name/number: DP -1500(020) Award Year: FY2010 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FEDERAL AID PROGRAM AGREEMENT THIS FEDERAL AID PROGRAM AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau, Missouri (hereinafter, "City"). WITNESSETH: WHEREAS, the Congress of the United States of America has designated specific federal funding for certain projects; WHEREAS, the Commission administers these funds from the United States of America as part of its Demonstration Project Program; and WHEREAS, the City is the local agency responsible for the construction of the Congressionally -designated demonstration project. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PROJECT DESCRIPTION: The improvement contemplated by this Agreement and designated as Project DP -1500(020) involves: To Complete the Extension of the Riverwalk Trail along the Mississippi River North to Red Star Access Boat Ramp and South to the Newly Opened Southeast Missouri State University's River Campus. The City shall be responsible for all aspects of the construction of the improvement. (2) LOCATION: The contemplated improvement designated as Project DP - 1500(020) by the Commission is within the city limits of Cape Girardeau, Missouri. The general location of the improvement is shown on an attachment hereto marked "Exhibit A" and incorporated herein by reference. More specific descriptions are as follows: Along Mississippi River in the City of Cape Girardeau from the existing Riverwalk Trail north to the Red Star Access Boat Ramp AND South, to the SEMO River Campus (3) REASONABLE PROGRESS POLICY: The project as described in this agreement is subject to the reasonable progress policy set forth in the Local Public Agency (LPA) Manual. If the project is within a Transportation Management Area that has a reasonable progress policy in place, the project is subject to that policy. If the project is withdrawn for not meeting reasonable progress, the City agrees to repay the Commission for any progress payments made to the City for the project and agrees that the Commission may deduct progress payments made to the City from future payments to the City. (4) LIMITS OF SYSTEM: The limits of the surface transportation system for the City shall correspond to its geographical area as encompassed by the urban boundaries of the City as fixed cooperatively by the parties subject to approval by the Federal Highway Administration (FHWA). (5) ROUTES TO BE INCLUDED: The City shall select the high traffic volume arterial and collector routes to be included in the surface transportation system, to be concurred with by the Commission, subject to approval by the FHWA. It is understood by the parties that surface transportation system projects will be limited to the said surface transportation system, but that streets and arterial routes may be added to the surface transportation system, including transfers from other federal aid systems. (6) INVENTORY AND INSPECTION: The City shall: (A) Furnish annually, upon request from the Commission or FHWA, information concerning conditions on streets included in the Surface Transportation Program (STP) system under local jurisdiction indicating miles of system by pavement width, surface type, number of lanes and traffic volume category. (B) Inspect and provide inventories of all bridges on that portion of the federal -aid highway systems under the jurisdiction of the City in accordance with the Federal Special Bridge Replacement Program, as set forth in 23 U.S.C. §144, and applicable amendments or regulations promulgated thereunder. 2 (7) CITY TO MAINTAIN: Upon completion of construction of this improvement, the City shall accept control and maintenance of the improved street and shall thereafter keep, control, and maintain the same as, and for all purposes, a part of the City street system at its own cost and expense and at no cost and expense whatsoever to the Commission. Any traffic signals installed on highways maintained by the Commission will be turned over to the Commission upon completion of the project for maintenance. All obligations of the Commission under this Agreement shall cease upon completion of the improvement. (8) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the Commission, including its members and the Missouri Department of Transportation (MoDOT or Department) employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligent performance of its obligations under this Agreement. (B) The City will require any contractor procured by the City to work under this Agreement: (1) To obtain a no cost permit from the Commission's district engineer prior to working on the Commission's right-of-way, which shall be signed by an authorized contractor representative (a permit from the Commission's district engineer will not be required for work outside of the Commission's right-of-way); and (2) To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and MoDOT and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610, RSMo. The City shall cause insurer to increase the insurance amounts in accordance with those published annually in the Missouri Register pursuant to Section 537.610. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party's rights or defenses with regard to each party's applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. 3 (9) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction under the STP for the City will be constructed in accordance with current MoDOT design criteria/specifications for urban construction unless separate standards for the surface transportation system have been established by the City and the Commission subject to the approval of the FHWA. (10) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of right of way necessary for the completion of the project, City shall acquire any additional necessary right of way required for the project and in doing so agrees that it will comply with all applicable federal laws, rules and regulations, including 42 U.S.C. 4601-4655, the Uniform Relocation Assistance and Real Property Acquisition Act, as amended and any regulations promulgated in connection with the Act. (11) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the City as follows: (A) Any federal funds for project activities shall only be available for reimbursement of eligible costs which have been incurred by the City. Any costs incurred by the City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. The federal share for this project will be One Hundred Percent (100%) not to exceed One Million Five Hundred Ninety Nine Thousand Seven Hundred Twenty Seven Dollars ($1,599,727.00). The calculated federal share for seeking federal reimbursement of participating costs for the herein improvements will be determined by dividing the total federal funds applied to the project by the total participating costs. Any costs for the herein improvements which exceed any federal reimbursement or are not eligible for federal reimbursement shall be the sole responsibility of the City. The Commission shall not be responsible for any costs associated with the herein improvement unless specifically identified in this Agreement or subsequent written amendments. (B) The total reimbursement otherwise payable to the City under this Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if there is a reduction in the available federal funding, or to satisfy other obligations of the City to the Commission, the State of Missouri, the United States, or another entity acting pursuant to a lawful court order, which City obligations or liability are created by law, judicial action, or by pledge, contract or other enforceable instrument. Any costs incurred by the City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. (12) PERMITS: The City shall secure any necessary approvals or permits from the Federal Government and the State of Missouri as required to permit the construction and maintenance of the contemplated improvements. 4 (13) TRAFFIC CONTROL: The plans shall provide for handling traffic with signs, signal and marking in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). (14) WORK ON STATE RIGHT OF WAY: If any contemplated improvements for Project DP -1500(020) will involve work on the state's right of way, the City will provide reproducible final plans to the Commission relating to such work. In addition, any maintenance of work on the state's right of way may be identified through a future agreement. (15) DISADVANTAGED BUSINESS ENTERPRISES (DBEs): At time of processing the required project agreements with the FHWA, the Commission will advise the City of any required goals for participation by disadvantaged business enterprises (DBEs) to be included in the City's proposal for the work to be performed. The City shall submit for Commission approval a DBE goal or plan. The City shall comply with the plan or goal that is approved by the Commission and all requirements of 49 C.F.R. Part 26, as amended. (16) NOTICE TO BIDDERS: The City shall notify the prospective bidders that DBEs shall be afforded full and affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex, or national origin in consideration for an award. (17) PROGRESS PAYMENTS: Progress payments to the City for preliminary engineering and right of way are available upon the City's written request. In the event Project DP -1500(020) is not built or is built to standards not satisfactory to the FHWA, the City agrees to repay the Commission for any progress payments made to the City for the respective project and agrees that the Commission may deduct progress payments made to the City from future payments to the City. (18) OUTDOOR ADVERTISING: The City further agrees that the right of way provided for any improvement will be held and maintained inviolate for public highway or street purposes, and will enact and enforce any ordinances or regulations necessary to prohibit the presence of billboards or other advertising signs or devices and the vending or sale of merchandise on such right of way, and will remove or cause to be removed from such right of way any sign, private installation of any nature, or any privately owned object or thing which may interfere with the free flow of traffic or impair the full use and safety of the highway or street. (19) PROJECT AUDIT: The Commission will perform a final audit of project costs. The United States Government shall reimburse the City, through the Commission, any monies due. The City shall refund any overpayments as determined by the final audit. 4 (20) OMB AUDIT: If the City expend(s) five hundred thousand ($500,000) or more in a year in federal finance assistance it is required to have an independent annual audit conducted in accordance with OMB Circular A-133. A copy of the audit report shall be submitted to MoDOT within thirty (30) days of the issuance of the report. Subject to the requirements of OMB Circular A-133, if the City expend(s) less than five hundred thousands dollars ($500,000) a year, the City may be exempt from auditing requirements for that year but records must be available for review or audit by applicable state and federal authorities. (21) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (22) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (23) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the City and the Commission. (24) COMMISSION REPRESENTATIVE: The Commission's District Engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (25) NOTICES: Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal or facsimile delivery, addressed as follows: (A) To the City: Kelly Green, City Engineer City of Cape Girardeau Kelly Green, City Engineer P.O. Box 617 Cape Girardeau, MO 63701 Phone: 573-339-6327 Fax: 573-339-6303 Email: engineering@cityofcapegirardeau.org 6 (B) To the Commission: Mark Shelton, District Engineer Missouri Department of Transportation P.O. Box 160 2675 North Main St. Sikeston, MO 63801 Phone: 573-472-5333 Fax: 573-472-5342 or to such other place as the parties may designate in accordance with this Agreement. To be valid, facsimile delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of facsimile transmission of that document. (26) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the City agrees as follows: (A) Civil Rights Statutes: The City shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et seq.), as well as any applicable titles of the "Americans with Disabilities Act' (42 U.S.C. §12101, et seq.). In addition, if the City is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the "Americans with Disabilities Act'. (B) Administrative Rules: The City shall comply with the administrative rules of the United States Department of Transportation relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (49 C.F.R. Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The City shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment practices. (D) Solicitations for Subcontracts Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the City. These apply to all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract including procurement of materials or equipment. Each potential 7 subcontractor or supplier shall be notified by the City of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The City shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the United States Department of Transportation to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Commission or the United States Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance: In the event the City fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the United States Department of Transportation may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the City complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The City shall include the provisions of paragraph (26) of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the United States Department of Transportation. The City will take such action with respect to any subcontract or procurement as the Commission or the United States Department of Transportation may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the City becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the United States to enter into such litigation to protect the interests of the United States. (27) ACCESS TO RECORDS: The City and its contractors must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at no charge to the FHWA and the Commission and/or their designees or representatives during the period of this Agreement and any extension, and for a period of three (3) years after the date on which the City receives reimbursement of their final invoice from the Commission. N IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this day of Executed by the Commission this MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title ATTEST: Secretary to the Commission Approved as to Form: Commission Counsel 9 20 day of , 20 CITY OF CAPE GIRARDEAU By Title ATTEST: By Title Approved as to Form: By Title Ordinance DP -1500(020) Project Location MERALD STS'' AETHYSTST�¢ ouvE sr MASOr a LU PEARL �1 MILLS a U _N E J 1 JBROADWAYAVE ti4z ,r az U ` ""THEMis's i �Y� e n 'i. :a INDEPENDE'NCE ST '0:. wu _ <? 1 z ?moi w= `vA'r, f�z'zCo1 J'WILLIAM ST Ua gam, W LU oui LL J'MORGAN OAK ST D 00 "JIT _9'JEFFERSON AVE ne s W 2 U C� MAPLE STS n`� ; f 'l U Exhibit A Agenda: January 10, 2011 Staff: Ken Eftink, Assistant City Manager/ Development Services Director SUBJECT Request to rezone the property located at 225, 226, 229, 230, and 234 North Sprigg Street, and 625, and 701 Bellevue from the RUMD (Residential Urban Mixed Density) District to the CBD (Central Business) District. EXECUTIVE SUMMARY This rezoning is being initiated by the City since most of the properties in this area are being used for commercial purposes. BACKGROUND/DISCUSSION It is the request of the City of Cape Girardeau to rezone the properties located at 225, 226, 229, 230, and 234 North Sprigg Street, and 625 and 701 Bellevue from the RUMD (Residential Urban Mixed Density) District to the CBD (Central Business) District. The majority of these properties are currently being used for commercial purposes, and the Central Business District would allow the existing commercial uses. The future land use plan recommends downtown commercial uses for this property. STAFF RECOMMENDATION Staff recommends that the Council approve the request to rezone the properties located at 225, 226, 2297 230, and 234 North Sprigg Street, and 625 and 701 Bellevue from the RUMD (Residential Urban Mixed Density) District to the CBD (Central Business) District. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of this request at their meeting on December 8, 2010 with a vote of 6 in favor, 0 in opposition, and 2 abstaining. The two Commissioners abstaining were Scott McClanahan and Ralph Maxton for financial reasons. ATTACHMENTS • BILL NO. 1 1_05, Ordinance for rezoning • Staff Review Form • Planning and Zoning Action Form • Rezoning Application • Zoning Ma • Future Land Use Map • Aerial Map BILL NO. 11-05 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PROPERTIES LOCATED ON NORTH SPRIGG STREET AND BELLEVUE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM RUMD TO CBD WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from RUMD, Residential Urban Mixed Density 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 public hearing was held on Monday, January 10, 2011; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from RUMD, Residential Urban Mixed Density District, to CBD, Central Business District; and 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 on property located on North Sprigg Street and Bellevue Street from RUMD, Residential Urban Mixed Density District, to CBD, Central Business District, said area including the following described property: 225, 226, 229, 230 and 234 North Sprigg Street, and 625 and 701 Bellevue, located in the City of Cape Girardeau, Missouri; also described as: Range E, Lots 31 and 32; the north 11.5 feet of Lot 36; Lot 37 and 38, located in the City of Cape Girardeau, Missouri. Article 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of a 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 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2 A Public Hearing for the Isle of Capri (IOC) — Cape Girardeau rezoning application to the Planned Development (PD) District and Preliminary Development Plan, and an Ordinance approving the rezoning of the property to the PD district and the revised Preliminary Development Plan. EXECUTIVE SUMMARY The Isle of Capri (IOC) — Cape Girardeau is requesting to rezone 23.24 acres along N. Main Street and N. Spanish Street to the Planned Development (PD) district. A revised Preliminary Development Plan (PDP) has been submitted which indicates all requested uses and the general phasing of the development. The Planning and Zoning Commission held a Public Hearing on the rezoning request and the PDP on December 8, 2010, after which the Commission voted to recommend approval of the rezoning and the PDP. At the time of the Public Hearing before the P & Z Commission, the applicant indicated that they were examining a potential revision in the location of the main casino building on the property. The applicant has submitted a revised PDP which shows this revision and is the subject of the Public Hearing before the Council. The attached ordinance would approve the rezoning of the property to the PD district and approve the revised PDP with conditions. A Final Development Plan (FDP) has been submitted for the first phase of the development which is being considered by the P & Z Commission at their January meeting and will be forwarded to the Council with a recommendation for your January 25°i meeting. Additionally, a preliminary plat has been submitted by the applicant which will be considered by the P & Z Commission at its January meeting and forwarded to the Council with a recommendation for your January 25`h meeting. BACKGROUND/DISCUSSION The rezoning request to the PD district and the revised PDP include a re -alignment of N. Main Street to the west so that it connects with Bend Road to the north. The main casino building is shown on the eastern portion of the property, with parking areas to the south and west of the building. The main entrance to the development is shown opposite N. Spanish Street. This intersection will include a traffic signal. The applicant indicates that the first phase of the development will include a building with approximately 160,000 square feet. This building will include the casino gaming floor, offices, banquet facilities/theater, restaurants and bars including outdoor eating and drinking facilities, and small medical and banking facilities. The revised PDP shows the required bufferyard areas to protect adjacent residential areas and a dedicated open space area adjacent to the Reynolds House property. The revised PDP also indicates where Phase 2, 2A, 2B and 2C development will occur and what uses will be included in those future phases. The applicant has indicated that Phase 2 development will include a hotel which may be 15 stories in height, or a maximum of 150 feet. The hotel will be located adjacent to the main building. The applicant has indicated that the construction of the main building in Phase 1 will include the footings and ground work necessary for the hotel building. The application for the PD zoning and revised PDP indicate that several other uses may be included in future phases of the development including campground facilities, health and fitness centers, microbreweries, retail and government buildings. The revised PDP also includes details regarding signage for the property. The applicant is requesting approval of signs which do not meet the standards of the Article V of Chapter 25 of the City Code, including approval of two freestanding signs at the entrance to the development and two wall signs that extend above the roofline of the building. Additionally, a large video display board is shown on the west wall of the Phase 1 building. The attached Ordinance approves the rezoning of the property to the Planned Development (PD) district and approves the revised Preliminary Development Plan (PDP). This approval includes the following conditions: • Subsequent phases of development may require the applicant to make improvements to the public infrastructure systems, including but not limited to streets, water lines, sewer lines and stormwater systems to the extent necessitated by the future phase of development. • Structures shall be constructed to the applicable building and fire codes in effect at the time the City approves the building plans • An ingress -egress easement shall be granted to the City to ensure access to the pump station and lift station property from Main Street. Additionally, the attached Ordinance would approve the signage plan that is included in the revised PDP. FINANCIAL IMPACT The proposed development would add a significant number of both temporary construction and permanent jobs to the City's economy, as well as revenue from the gaming operations. STAFF RECOMMENDATION The staff recommends approval of the requested rezoning to the Planned Development district and the revised Preliminary Development Plan. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of the rezoning to the Planned Development district and the original Preliminary Development Plan at their December 8, 2010 meeting. PUBLIC OUTREACH A Public Hearing regarding the proposed rezoning to the Planned Development district and the Preliminary Development Plan was held by the Planning and Zoning Commission on December 8, 2010. No one except the applicant spoke at the Public Hearing. ATTACHMENTS • BILL NO. 11-06, Ordinance approving the rezoning to the PD district and the revised PDP • Revised Preliminary Development Plan BILL NO. 11-06 ORDINANCE NO. AN ORDINANCE AMENDING ZONING REGULATIONS OF THE CITY OF CAPE GIRARDEAU BY ESTABLISHING A PLANNED DEVELOPMENT DISTRICT PURSUANT TO THE CITY OF CAPE GIRARDEAU ZONING ORDINANCE AND APPROVING THE APPLICATION AND REVISED PRELIMINARY DEVELOPMENT PLAN FOR A PROPOSED CASINO COMPLEX Whereas, IOC -Cape Girardeau LLC submitted on November 17, 2010 an application for a rezoning of certain land within the City to the "PD" Planned Development District and request for approval of a Preliminary Development Plan for a Proposed Casino Complex, and Whereas, a duly noticed public hearing was held before the Planning and Zoning Commission on December 8, 2010, and on that date a recommendation of approval with conditions was approved for forwarding to the City Council; and Whereas, consistent with the conditions and comments of the Planning and Zoning Commission approval and staff input, a Revised Preliminary Development Plan dated November 17, 2011 has been submitted to the City for approval by the City Council, Whereas, the City Council, after a duly noticed public hearing held on January 10, 2011, desires to approve the rezoning to the "I'D" Planned Development District and approve the Revised Preliminary Development flan pursuant to applicable state statutes and Section 30-341 and other applicable sections of the City Code authorizing the Council to exercise legislative power pertaining to planning and zoning. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. District Established. The City of Cape Girardeau Zoning Ordinances, and including the official Zoning District Map, are hereby amended by changing the zoning district classification for the property described on the attached Exhibit A from the "R-2", "R-4", "M-1" and "CBD" district classifications to the "PD" Planned Development District subject to the terms set forth hercin. Article 2. Approval Granted. Approval of the application and Revised Preliminary Development Plan for a Proposed Casino Complex submitted by IOC -Cape Girardeau LLC dated November 17, 2010, and on file with the City Clerk, is granted for the tract of land described in Section 1, and the Revised Preliminary Development Plan is approved, adopted and incorporated into this Ordinance by reference as if fully set out in this Ordinance. Article 3. Compliance with conditions. The authority and approval embodied in this Ordinance is granted subject to compliance with all ordinances, rules and regulations, including but not limited to Chapter 25 "Development Code," and on the condition that the uses and development be carried out in accordance with the Revised Preliminary Development Plan and such Final Development Plans as may be approved and amended pursuant to all ordinances, rules and regulations. (a) Permitted Uses. The uses permitted in the District shall be: 1. Casinos, which as used in this Ordinance shall mean a facility in which gambling games and devices are allowed. 2. Banquet facilities. 3. Theaters. 4. Offices: administrative, business, finance and professional. 5. Retail, not including vehicle sales. 6. Restaurants and bars, including drive-thru and outdoor eating and drinking facilities. 7. Medical facilities. 8. Governmental buildings, including police and fire stations. 9. Banks and financial institutions, including automatic teller machines. 10. Parking Garages. 11. Hotels. 12. Microbreweries. 13. Health and fitness centers. 14. Residential, except residential uses shall not be allowed on ground floors of non- residential buildings. 15. Public parks, playgrounds and recreational facilities. 16. Campground facilities and travel trailer parks. (b) Accessory Uses. Accessory uses permitted in the District shall be: 1. Accessory buildings and uses customarily incidental to the permitted uses, as permitted in Section 30-403, Supplemental Regulations. 2. Solar energy systems, as permitted in Section 30-410, Supplemental Regulations. 3. Outdoor live, recorded or amplified music provided that such use complies with the City's nuisance regulations and other applicable codes. 4. Festivals. 5. Car shows and boat shows. (c) Bulk and Area Requirements. 1. Maximum I-leight: Fifteen (15) stories, not to exceed one hundred fifty (150) feet. 2. Minimum Lot Area: not less than minimum lot size shown on the Revised Preliminary Development Plan. 3. Minimum Lot Width: not less than minimum lot width shown on the Revised Preliminary Development Plan. 2 4. Maximum Density: Floor Area Ratio not to exceed 5.0. 5. Minimum Yard Requirements: None, except for required bufferyard. 6. Maximum Building Coverage, including accessory buildings: Eighty percent (80%) of the District area. 7. Open Space: 20% of gross area of the total development; open space shall be designated on all Final Development Plans and shall be owned and properly maintained by property owner. Article 4. General Development Conditions. Landscaping shall be provided as required in Chapter 25 of the City Code and as shown on the final development plan or as such development plan may be amended. 1. Grading and Floodplain requirements shall be as required by City Code. 2. Off-street parking and loading spaces and striping shall be provided in accordance with the requirements set forth in Chapter 25 of the City Code, except that parking for the Phase 1 casino building shall be provided at the rate of at least one (1) parking space for each three hundred (300) square feet of building area. The parking requirements as set forth in Chapter 25 of the City Code shall be provided for any other future uses, including the hotel, unless otherwise approved by the City Council as part of such Final Development Plans or ordinance amendment. 3. Signage shall be provided in accordance with the requirements set forth in Chapter 25 of the City Code, except that signage for the Phase I casino building as shown in the Revised Preliminary Development Plan shall be approved. 4. Utilitarian areas such as loading docks, mechanical equipment, storage areas and trash enclosures shall be located at the rear or side of the building and screened as required in Chapter 25 of the City Code. 5. The total number and general configuration of lots shall be as shown on the Final Development Plan. A subdivision plat shall be prepared and recorded in accordance with Chapter 25 of the City Code. 6. An ingress/egress easement shall be granted to the City to ensure access to the City's pump station. This easement shall be a minimum of 25 feet wide and need not be wider than 30 feet. 7. Public improvements, dedications and easements shall be provided as required in the final improvement plans and Record Subdivision plat approved by the City and as provided in the Development Agreement ("Development Agreement') dated September 20, 2010 between the City of Cape Girardeau and IOC -Cape Girardeau, LLC on file with the City Clerk ("Development Agreement"). 8. At such time as future development other than the Phase 1 casino building and a hotel with a maximum of 200 rooms or 150,000 square feet of building area occurs, the applicant shall make such additional improvements to the public 3 infrastructure systems, including but not limited to streets, water lines, sewer lines and stormwater systems, to the extent necessitated by that future development, to address the increased development in compliance with all applicable federal, state and City laws. The costs of these improvements shall be paid by the developer and shall meet City specifications and standards in effect at the time the City approves the applicable building permit. 9. Any structures constructed in the PD district shall be built to the applicable building and fire codes in effect at the time the City approves the applicable building permit for the structure. Nothing in this condition shall require then - existing structures to be modified. 10. Failure to comply with any or all the conditions of this Ordinance shall be adequate cause for revocation or denial of permits by the City. 11. Any other applicable zoning, subdivision, or other regulations or requirements of the City, whether in effect at the adoption of this Ordinance or as may be hereinafter adopted, shall further apply to the development within this PD District, except as may be otherwise provided by law. Nothing herein shall be deemed a waiver of any subdivision, zoning, or other development regulation of the City whether by implication or reference, except that any specific development standard of this Ordinance shall prevail as to any different contrary provision specifying a different development standard as may otherwise exist elsewhere in the City Code. To the extent any conflict exists between the Revised Preliminary Development Plan and this Ordinance, the terms of this Ordinance shall prevail. 12. Construction timing shall occur consistent with the Development Agreement and all Final Development Plans. Article 5. Final Development Plan. Final development plans shall be submitted and acted upon pursuant to the requirements of Section 30-341 and any such approved final development plans shall be a condition of the authority granted by this Ordinance. Article 6. Effective Date. This Ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND ADOPTED THIS DAY OF 12011. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor S EXHIBIT "A" AN ORDINANCE AMENDING ZONING REGULATIONS OF THE CITY OF CAPE GIRARDEAU BY ESTABLISHING A PLANNED DEVELOPMENT DISTRICT PURSUANT TO THE CITY OF CAPE GIRARDEAU ZONING ORDINANCE AND APPROVING THE APPLICATION AND REVISED PRELIMINARY DEVELOPMENT PLAN FOR A PROPOSED CASINO COMPLEX ALL OF LOTS #19-34 OF RANGE N OF INGRAM'S ADDITION TO THE CITY OF CAPE GIRARDEAU (AS SET OUT IN PLAT BOOK 1 AT PAGE 6 IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY), AND ALL OF LOTS 35-38 RANGE 0 OF SAID INGRAM'S ADDITION LYING WEST OF THE RIGHT OF WAY OF THE BURLINGTON NORTHERN RAILROAD, AND ALL OF LOTS 43-58 IN RANGE 0 OF SAID INGRAM'S ADDITION, AND ALL OF LOTS 97-97 OF RANGE P OF SAID NGRAM'S ADDITION, AND ALL OF VACATED WATER STREET LYING BETWEEN MASON STREET AND MILL STREET, ALL OF MAIN STREET BETWEEN A LINE 10 FEET NORTH (AS MEASURED NORMAL THERETO) OF THE NORTH LINE OF LOT #100 OF RANGE P, AND THE SOUTH LINE OF INGRAM'S ADDITION, A PARCEL 10 FEET IN WIDTH AS MEASURED NORTH TO SOUTH BEING THE EAST% OF VACATED SPANISH STREET LYING NORTH OF THE NORTH LINE OF LOT #97 OF RANGE P OF INGRAM'S ADDITION, ALL OF A VACATED AND NON -VACATED 20' ALLEY PLATTED IN INGRAM'S ADDITION LYING BETWEEN A LINE 10 FEET NORTH (AS MEASURED NORMAL THERETO) OF THE NORTH LINE OF LOT #100 OF RANGE P, AND THE SOUTH LINE OF INGRAM'S ADDITION (SAID ALLEY LYING IN PART OVER THE EXISTING R/W OF SAID MAIN STREET), ALL OF SPANISH STREET LYING SOUTH OF THE NORTHERLY LINE OF LOT #97 OF RANGE P OF INGRAM'S ADDITION AND NORTH OF THE SOUTH LINE OF MILL STREET, ALL OF LOT #100 OF RANGE P OF INGRAM'S ADDITION LYING WEST OF THE PRESENT WEST LINE OF MAIN STREET, ALL OF PEARL STREET LYING EAST OF THE EAST LINE OF LORIMIER STREET AND WEST OF THE WEST LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY, AND ALL OF MASON STREET LYING WEST OF THE WEST LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT OF WAY AND EAST OF A LINE BEARING S 7°56'13" W, 60.03 FEET, WITH SAID LINE ORIGINATING 10.64 FEET WEST (AS PROJECTED ALONG THE NORTH LINE OF MASON STREET) FROM THE NE CORNER OF MASON STREET AND CHESTNUT STREET, ALL OF MILL STREET LYING EAST OF THE EAST LINE OF SPANISH STREET, PART OF THE OLD MILL LOT AS SET OUT ON THE RECORD PLAT OF INGRAM'S ADDITION, AND ALL OF THOSE TRACTS OF LAND BEING DESCRIBED IN DEED BOOK 1252 AT PAGE 0668, DEED BOOK 525 AT PAGE 754, AND DEED DOCUMENT #2004-13437, AND DEED DOCUMENT 2004-14044, AND THAT PART OF A TRACT OF LAND DESCRIBED IN DEED BOOK 485, AT PAGE 223, IN THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, AND BEING NOW OR FORMERLY HELD IN THE RECORD TITLE OF PRODUCTS ENGINEERING COMPANY, AND BEING PART OF OUTLOT #32 OF UNITED STATES PRIVATE SURVEY NUMBER 2199, AND BEING ALL OF LOTS 1, 2, AND PART OF LOT 3 AND THE "MILL LOT" OF INGRAM'S ADDITION, AND BEING ALL WITHIN TOWNSHIP 31 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN at the intersection of the south line of Mill Street and the west line of Spanish Street, said point being also the northeast corner of Lot #9 of Range M of Ingram's Addition to the City of Cape Girardeau, thence with the south line of Mill Street South 83"58'05" East, 60.00 feet to the Southeast Corner of the intersection of Spanish Street and Mill Street, said point being also the Northwest corner of Lot #8 of Range M of Ingram's Addition, thence with the west line of said Lot #8 and the east line of Spanish Street, South 06'14'50" West, 111.35 feet, more or less, to the SW corner of a tract of land set out in Document #2004-14044 of the land records of Cape Girardeau County, thence with the South line of said tract, and extended along the South line of a tract described in Deed Book 1252 at page 0668, North 88"10'14" East, 86.51 feet to a point on the west line of a tract of land described in Deed Document 2004-13437, thence with the west line of said tract, South 06"14'50" West, 14.00 feet to the Southwest corner of said tract, thence along the South line of said tract described in Deed Document 2004- 13437 and said line extended South 83°36'55" East, 170.53 feet to a point in existing Main Street, thence along the arc of a curve concave to the southwest and having a radius of 344.00 feet, a distance of 39.85 feet (the chord across said arc bears South 14°35'42" East, 39.82 feet), to the East right of way line of Main Street; thence with said East right of way line, South 6°14'50" West, 229.45 feet, to a point on the South line of said tract of land recorded in Book 485 at Page 263, thence with the South line of said tract, South 84"09'43" East, 150.53 feet to a point in the west line of the Burlington Northern Railroad, thence with said west line, North 17°16'05" East, 462.97 feet, thence leaving said Railroad, North 83'47'55" West, 50.95 feet, thence North 17°16'05" East, 441.26 feet, to the point of curvature of a curve to the right having a radius of 1695.02 feet, thence along the arc of said curve a distance 307.11 feet to the intersection of the westerly right of way line of said Burlington Northern Railroad and the Southerly R/W line of Mason Street, thence along the Southerly line of Mason Street, South 84°09'43" East, 53.99 feet, thence along the westerly right of way line of the Burlington Northern Railroad and along the arc of a curve concave to the east having a radius of 1645.02 feet, a distance of 65.51 feet (the chord across said arc bears North 29"29'19" East, 65.50 feet), to the intersection of the Northern line of Mason Street and the Western line of said Burlington Northern Railroad, thence with the Northern Line of Mason Street, North 84"09'43" West, 484.94 feet to the intersection of the North line of Mason Street with the East line of Main Street, thence along the east line of Main Street, along the east line of said Main Street, North 05'49'34" East, 1.04 feet to the point of curvature of a curve to the right having a radius of 384.29 feet, thence along the arc of said curve a distance of 144.52 feet, thence continuing along the east line of Main Street, North 27"22'26" East, 102.73 feet to a point 10 feet north of (as measured normal thereto) the northern line of Lot #100 of Range P of Ingram's Addition, thence North 83'54'47" West, 10 feet north of and parallel to the North line of Lots 100 and 98 of said Ingram's Addition, 327.54 feet to a point in the center of vacated Spanish Street, thence with the center of said street, South 5°50'17" West, 10.00 feet to a point on an eastward projection of the north line of Lot #94 of Range P of Ingram's Addition, thence with said North line and said North line extended, North 83"54'47" West, 214.33 feet to appoint within the present right of way of Chestnut Street, thence South 8"13'30" West, 190.14 feet, thence South 7"56'13" West, 98.12 feet to a point on the South line of Mason Street, thence with said South line North 83°55'49" West, 181.67 feet to the intersection of the south line of Mason Street and the East line of Lorimier Street, said point being also the Northwest corner of Lot 455 of Range 0 of Ingram's Addition, thence with the east line of Lorimier Street, South 5`47'06" West, 739.73 feet to the intersection of the East line of said Lorimier Street with the North line of Mill Street, said point being also the Southwest corner of Lot #19 of Range N of said Ingram's Addition, thence with the North line of Mill Street, South 8359'16" East, 377.61 feet, to the intersection of the North line of Mill Street with the west line of Spanish Street, said point being also the Southeast corner of Lot 426 of Range N of Ingram's Addition, thence South 03°12'06" West, 60.07 feet to the intersection of the South line of Mill Street with the West line of Spanish Street and the place of beginning, and containing 23.72 acres, more or less, and being subject to easements of record. Resolution Approving January 1, 2011, Debt Statement EXECUTIVE SUMMARY Attached is the January 1, 2011, Debt Statement for the City of Cape Girardeau. The City Charter requires this statement to be approved by Council and published with the notice of any bond election. BACKGROUNDIDISCUSSION The statement shows the outstanding balances of current and proposed bonds, notes, loans, and lease purchase agreements of the City. It also shows the annual debt service payments of all the City's outstanding and proposed bonds, notes, loans, and lease purchase agreements and sources of funding for those payments. STAFF RECOMMENDATION Staff recommends that the City Council approve the resolution approving the Debt Statement. ATTACHMENTS • BILL NO. 1 1-07, Resolution approving bond statement • Debt statement BILL NO. 11-07 RESOLUTION NO. A RESOLUTION APPROVING THE JANUARY 1, 2011 DEBT STATEMENT OF 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, for and on behalf of the City of Cape Girardeau, Missouri, hereby approves the January 1, 2011 Debt Statement of the City of Cape Girardeau, Missouri. A copy of the Debt Statement is attached hereto and made a part hereof. PASSED AND ADOPTED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 20 Paefrldc, 71-en AlD, i(v CITY OF CAPE GIRARDEAU Debt Statement January 1, 2011 Computation of Legal Debt Margin Assessed Value $538,881,594 Legal Debt Margin: Legal Debt Margin -Debt limitation - 20 percent of total assessed value $107,776,319 1) 1) No General Obligation debt currently outstanding. Outstanding Debt Net Principal Service Debt Interest Authorized Balance Reserves Outstanding Rates By State Revolving Fund Bonds 1991A Sewer SRF Bonds 785,000 785,000 6.875% Public Vote 1993A Sewer SRF Bonds 144,000 144,000 5.400% Public Vote 1995D Sewer SRF Bonds 2,317,960 2,317,960 6.10%-6.25% Public Vote 1996D Sewer SRF Bonds 7,690,000 7,690,000 5.88%-5.90% Public Vote 19988 Water SRF Bonds 16,375,000 16,375,000 4.50%-5.25% Public Vote 20008 Sewer SRF Bonds 7,455,000 7,455,000 4.40%-5.625% Public Vote 34,766,960 34,766,960 Revenue Bonds 2006A Waterworks Refunding Revenue Bonds 3,595,000 716,000 2,879,000 4,00% Public Vole 2010 Waterworks Refunding Revenue Bonds 1,000,000 1,000,000 1.49% Public Vole 4,595,000 716,000 3,879,000 Leasehold Revenue Bonds 2006 Lease Purchase Financing Agreement 1,550,000 1,550,000 1.025% Council Election 2009 Leasehold Revenue Bond 18,095,000 18,095,000 3.00%-4.125% Public Vote 2009 Lease Purchase Financing Agreement 117,730 117,730 425% Council Election 19,762,730 19,762,730 Certificates of Participation 2001 Certificates of Participation 2,100,000 281,500 1,818,500 5.006-13.00% Council Election 2,100,000 281,500 1,818,500 Special Obligation Bonds 2002 Special Obligation Bonds 310,000 310,000 3.75%4.10% Council Election 2005 Special Obligation Bonds 5,090,000 5,090,000 3.50%-5.00% Council Election 2010 Special Obligation Bonds 1,275,000 1,275,000 2.625%-3.375% Council Election 6,675,000 6,675,000 TOTAL CURRENT OUTSTANDING OBLIGATIONS $67,899,690 $997,500 $66,902,190 Proposed Revenue Bonds 72,000,000 72,000,000 TOTAL OUTSTANDING OBLIGATIONS INCLUDING PROPOSED DEBT $139,899,690 $997,500 $138,902,190 Computation of Legal Debt Margin Assessed Value $538,881,594 Legal Debt Margin: Legal Debt Margin -Debt limitation - 20 percent of total assessed value $107,776,319 1) 1) No General Obligation debt currently outstanding. State Revolving Fund Revenue Bonds Bonds CITY OF CAPE GIRARDEAU Total Debt Service Outstanding By Bond Type January 1, 2011 Leasehold Certificates Special Total for Total Including Revenue of Obligation Current Proposed Proposed Bonds Participation Bonds Obligations Debt Debt 06-30-11 4,067,468 1,024,950 2,229,207 201,380 920,168 8,443,173 8,443,173 06-30-12 5,197,770 1,128,039 2,612,893 265,760 1,195,262 10,399,724 4,483,011 14,882,735 06-30-13 5,174,655 1,829,811 2,712,661 266,760 1,191,284 11,175,171 4,049,356 15,224,527 06-30-14 6,104,591 56,970 2,600,654 262,160 1,003,530 10,027,905 3,987,593 14,015,498 06-30-15 5,869,839 57,215 2,599,164 262,260 1,536,430 10,324,908 3,884,614 14,209,522 06-30-16 5,894,813 57,545 2,595,362 266,760 319,380 9,133,860 3,866,957 13,000,816 06-30-17 5,883,235 57,959 2,598,388 265,360 326,586 9,131,528 3,812,730 12,944,257 06-30-18 4,839,823 58,359 2,597,758 263,360 337,636 8,096,936 5,548,892 13,645,827 06-30-19 2,849,083 58,641 1,768,557 266,180 127,196 5,069,657 5,410,364 10,480,020 06-30-20 1,805,574 59,108 106,761 263,130 128,484 2,363,057 5,465,079 7,828,136 06-30-21 1,672,650 59,357 105,775 264,500 129,494 2,231,776 4,275,044 6,506,820 06-30-22 59,792 104,757 130,244 294,793 5,880,427 6,175,220 06-30-23 60,208 103,755 130,782 294,745 5,853,237 6,147,982 06-30-24 60,607 102,762 130,968 294,337 5,823,009 6,117,346 06-30-25 60,987 101,752 260,938 423,677 5,799,261 6,222,938 06-30-26 61,450 100,750 162,200 5,781,306 5,943,506 06-30-27 61,892 61,892 5,753,443 5,815,335 06-30-28 62,416 62,416 5,715,403 5,777,819 06-30-29 62,818 62,818 5,667,265 5,730,083 06-30-30 63,301 63,301 5,639,512 5,702,813 06-30-31 5,600,341 5,600,341 06-30-32 5,559,521 5,559,521 06-30-33 5,516,269 5,516,269 06-30-34 5,290,645 5,290,645 06-30-35 5,432,885 5,432,885 06-30-36 5,392,621 5,392,621 06-30-37 3,164,218 3,164,218 $49,359,499 $5,001,425 $23,040,956 $2,847,610 $7,868,382 $88,117,872 $132,652,997 $220,770,869 CITY OF CAPE GIRARDEAU Total Debt Service Outstanding by Repayment Source January 1, 2011 General Stale Internal Total New New Total Including User Street Fund Subsidy Debt Service for Current User Sales Proposed Fees Taxes Assessments Revenues (SRF) Reserves Charges Obligations Fees Tax Debt 06-30-11 1,565,150 6,116,714 1,296 116,913 538,698 63,312 41,090 8,443,172 8,443.172 06-30-12 1,830,873 7,371,044 33,953 144,567 902,043 70,028 47,217 10,399,724 4,483,011 14,882735 06-30-13 1,833,245 7,515,529 32,656 141,945 819,988 786,028 45,780 11,175,170 4,049,356 15,224,526 06-30-14 807,696 8,296,509 144,220 733,801 41,388 4,291 10,027,905 3,987,593 14,015,498 06-30-15 596,596 8,374,483 141.039 635,325 573,213 4,252 10,324,907 3,884,614 14,209,521 06-30-16 571,400 7,865,341 142,110 530,344 20,451 4,214 9,133,860 3,866,957 13,000,816 06-30-17 575,202 7,972,402 143,734 415,562 20,451 4,177 9,131,528 3,812,730 12,944,257 06-30-18 582,398 7,037,202 145,149 307,598 20,451 4,138 8,096,937 3,323,892 2,225,000 13,645,828 06-30-19 378,114 4,340,260 141,279 185,453 20,451 4,100 5,069,657 3,174,239 2,236,125 10,480,020 06-30-20 374,896 1,727,324 142,386 93,939 20,451 4,062 2,363,058 3,217,773 2,247,306 7,828,137 06-30-21 126,524 1,657,009 143,218 31,185 269,815 4,024 2,231,775 2,016,501 2,258,542 6,506,819 06-30-22 126,312 15,395 143,785 5,315 3,986 294,793 3,610,592 2,269,835 6,175,220 06-30-23 126,093 15,247 144,143 5,315 3,948 294,746 3,572,052 2,281,184 6,147,983 06-30-24 125,861 15,101 144,150 5,315 3,909 294,336 3,530,419 2,292,590 6,117,345 06-30-25 125,599 14,953 138,941 140,312 3,871 423,676 3,495,208 2,304053 6,222,937 06-30-26 125,427 14,806 18,135 3,835 162,203 3,465,732 2,315,573 5,943,509 06-30-27 61,892 61,892 3,426,292 2,327,151 5,815,335 06-30-28 62,416 62,416 3,376,616 2,338,787 5,777,819 06-30-29 62,818 62,818 3,316,784 2,350,481 5,730,083 06-30-30 63,301 63,301 3,277,279 2,362,233 5,702,813 06-30-31 3,226,297 2,374,044 5,600,341 06-30-32 3,173,606 2,385,915 5,559,521 06-30-33 3,118,425 2,397,844 5,516,269 06-30-34 2,880,812 2,409,833 5,290,645 06-30-35 3,011,003 2,421,882 5,432,885 06-30-36 2,958,629 2,433,992 5,392,621 06-30-37 718,056 2,446,162 3,164.218 10,121,815 68.349,317 67,905 2,135.714 5,193.936 2,062,292 186,894 88,117,872 85,974,465 46,678,532 220,770.869 Agenda: January 11, 2011 Staff: Gayle L. Conrad, City Clerk SUBJECT 2011 Missouri Sales Tax Holidays EXECUTIVE SUMMARY Missouri has two sales tax holidays that have been enacted by the legislature, although numerous ones have been proposed. Those are the Back to School Sales Tax Holiday and the Show Me Green Sales Tax Holiday. Information regarding both sales tax holidays is being provided for Council consideration. BACKGROUND/DISCUSSION Show Me Green Sales Tax IJolida Section 144.526 RSMo establishes the Show Me Green Sates Tax Holiday to exempt sales of certain energy efficient appliances that occur beginning April 19`h and ending at midnight on April 25`h from state sales taxes. Specifically, all retail sales of any energy star certified new appliance, up to $1,500 per appliance, will be exempt from state sales taxes during that period. However, they may also be exempt from local sales taxes if the local taxing authority opts -in to that holiday. In order to opt -in, the governing body of the local political subdivision must enact an ordinance opting - in to that holiday, and it must notify the Department of Revenue not less than 45 calendar days prior to the beginning date of the sales tax holiday of its intent to opt -in to the holiday. Once it has opted -in, it does not need to opt -in again in order to keep that status. The holiday will not take effect in a local taxing jurisdiction unless it takes this action to opt -in. However, this Section does not address the possibility of opting -out again once a jurisdiction has chosen to opt -in. If it is allowed, presumably the jurisdiction would need to enact an ordinance opting -out, and to notify the Department of Revenue of that decision at least 45 calendar days prior to the next holiday. Since the Statute does not specifically address this issue, caution should be exercised since it is possible that a court interpretation of that question might not permit a locality to subsequently opt -out of the holiday. The City has never participated in the Show Me Green Sales Tax Holiday. If the City Council wishes to opt -in to this holiday in 2011, the following timelines will apply: February 7, 2011 Last Regular Council Meeting Date for First Reading of Ordinance Opting -In to the Holiday February 21, 2011 Last Regular Meeting for Second and Third Readings March 4, 2011 Notice Due to Department of Revenue Back to School Sales Tax Holiday Section 144.049 RSMo establishes the Back to School Sales Tax Holiday to exempt sales of certain clothing, personal computers, certain computer software, and school supplies that occur beginning on the first Friday in August and ending at midnight on the following Sunday from state and local sales taxes. Specifically, all retail sales of any article of clothing having a taxable value of $100 or less, all retail sales of school supplies not to exceed $50 per purchase, all computer software with a taxable value of $350 or less, and all retail sales of personal computers or computer peripheral devices not to exceed $3,500 will be exempt from state sales taxes during that period. However, they will also be exempt from local sales taxes unless the local taxing authority opts -out of that holiday. In order to opt -out, the governing body of the local political subdivision must enact an ordinance opting -out of that holiday, and it must notify the Department of Revenue not less than 45 calendar days prior to the beginning date of the sales tax holiday of its intent to opt -out of the holiday. If a local jurisdiction has previously opted -out, it does not need to opt -out again in order to keep that status. Once it has opted -out, it will continue to be opted -out unless it notifies the department of revenue otherwise. If a local jurisdiction that has previously opted -out wishes to opt back in, it may do so by enacting an ordinance to that effect and notifying the Department of Revenue at least 45 days prior to the next holiday. This choice can be made every year, but if no action is taken, the local jurisdiction's status will continue as it was in the prior year. In the past the Finance Department has estimated the impact to the City to be between $50,000 and $70,00 for the Back to School Sales Tax Holiday. On June I, 2009, the City of Cape Girardeau opted - out of the Back to School Sales Tax Holiday. If the City Council wishes to opt back in 2011, the following timelines will apply: May 16, 2011 Last Regular Council Meeting Date for First Reading of Ordinance Opting -Out of Holiday June 6, 2011 Last Regular Meeting for Second and Third Readings June 20, 2011 Notice Due to Department of Revenue The deadlines for the City Council to adopt Ordinances for either of these holidays could be different, however, if either Special Council Meetings or emergency readings are used. GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED This information is being provided for the City Council's consideration. ATTACHMENTS 0 None Agenda: January 10, 2011 Staff: Gayle Conrad, City Clerk SUBJECT Appointment of two members to the Golf Course Advisory Board for terms expiring January 18, 2014. EXECUTIVE SUMMARY Two terms on the Golf Course Advisory Board are scheduled to expire January 18, 2011. These positions are held by Kent Ward and James Hastings. Both have expressed interest in being reappointed to the Board, and their advisory board summary sheets are attached along with a copy of the roster and attendance record. BACKGROUND/DISCUSSION According to Section 18-53(a) of the City Code, "A person appointed to the municipal golf course board shall be a taxpayer and qualified voter of the City. One (1) member of the municipal golf course advisory board shall be a member of Cape Jaycees and designated by that organization as its representative on the golf course advisory board. " Mr. Guard serves as the Jaycee representative. The following individuals have expressed an interest in serving on the board, and their board summary sheets are attached. Jerry Brey Timothy Lee Keith Sander Tom Davisson H. W. Meyr Nicholas Snvder Bill Isbell Paul Pfeiffer Shawn Wasson GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Unless directed otherwise, two appointments to the Golf Course Advisory Board for terms expiring January 18, 2014, will appear on your next City Council agenda. ATTACHMENTS • Golf Course Advisory Board Roster • Golf Course Advisory Board Attendance Roster • Golf Course Advisory Board Applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees January 1, 2011 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Golf Coarse Advisory Board Council member, ex -officio Date Reappointer( Date Appointed Kent D. Ward January 7, 2008 James Hastings, Chairman July 18, 2005 Heady, Charles V. Jr. September 3, 2002 Robbie Guard (Jaycees) September 15, 2008 Charles Wagoner, Jr. November 5, 2001 Chris Janet December 7, 2009 Jack Watts November 3, 2003 Kenneth Bramlett November 1, 2004 Robert Pastrick November 5, 2007 Council member, ex -officio Date Reappointer( Term Expires --- January 18, 2011 1/7/08 January 18, 2011 8/15/05 September 4, 2011 September 4, 2011 11/4/02; 11/7/05; 11/17/08 November 12, 2011 --- November 12, 2012 11/6/06; 12/7/09 November 12, 2012 11/5/07; 11/1/10 November 12, 2013 11/l/10 November 12, 2013 Serve three year terms, appointed by City Council. One member shall be a in ember of Cape Jaycees and designated by that organization is its representative. Regular meetings held fourth Thursday at Noon at the A.C. Brase Arena. Parks and Recreation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff contact— Dan Muser, Parks & Recreation Director 3396340. GOLF COURSE ADVISORY BOARD Attendance Record Ordinance effective 4/13/00 X = present, A = absent 2009'_ =w3mmufflummm Feb 26 Mar 19 Apr 23 May Jun 25 Jul 23 Aug 28 Sep 24 Oct 22 1110-M . 2nd 3rd termi- letter letter Hated Ahrens, Jackie P P A N Q P P P P P N Q M E t{d'n E C L er on board; term limits 12/07/09 Bramlett, Kenneth P P P P P P P P Guard, Robbie P P A M E .T JIN P A P P Hastings, James P P P P P P P P Heady, Charles P P LP P Janet, Chris A pointed 1Q W9` Pastrick, Robert P P P P P P P P P P A P P T N E. T N G Wagoner, Charles Jr P P —P' P P P P P P Ward, Kent P P P P P P P A Watts, Jack P Pkif P 10 P P P P P �j Robert 2009'_ Jan 22 Feb 26 Mar 19 Apr 23 May Jun 25 Jul 23 Aug 28 Sep 24 Oct 22 Nov Dec 1st letter 2nd 3rd termi- letter letter Hated Ahrens, Jackie P P A N Q P P P P P N Q M E t{d'n E C L er on board; term limits 12/07/09 Bramlett, Kenneth P P P P P P P P Guard, Robbie P P A M E .T JIN P A P P P Hastings, James P P P P P P P P Heady, Charles P P LP P Janet, Chris A pointed 1Q W9` Pastrick, Robert P P P P P P P P P P A P P T N E. T N G Wagoner, Charles Jr P P —P' P P P P P P Ward, Kent P P P P P P P A Watts, Jack P Pkif P 10 P P P P P �j RECE!Vr® AUG' � toes CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Tame s { 4S / 1 r Telephone: Day ��7 — __ome Address 3D EveningQ�e E-mail Address j , a7l" 4, K Q Zg zasl ii/�� In which Board(s) are you interested? for specific board(s) (include past board service) >rducational Background Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. feivwd to- ,y-oq rertuC�( SignedFy45�dO � Date 3 * oard Member Summary eets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. R r: fir AUG1Y;�?�0� CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name 4 > waf-A 11 r Telephone: Day 513- 584 -9` q4g Home Address 15q4 E Q V Qa' SI CS Z CAQP C�Irk�ACCAJUEvening513-3'JS - I5�5q E-mail Address Year Current Residence in Cape Girardeau Began 14 6l9 Current Employer and Position 1 1? kk- Giroup Sa" 'E'AtuAiye, Previous Employers and Positions In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) know 1Ldq1b lI� Community Activities (Include offices held and committee service) ai!; ivy. MtMbkL 4 Al� Meeting time(s) convenient for you: (Please check one in Aand one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Would you like to receive news from the City via e-mail? Evening lJEvYes Anytime r/ N� By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on theboard/commission. Signed kJ () (/� Date * * Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. ECOEI`dED i+'0141 U 8 240 CITY OF CAPE GIRARDEAU, MISSOURI , ADVISORY BOARD APPLICATION Name �F/L 2� g Telephone: Day 73 Home Address 12-61 U r t u CQP--r +72 Evening E-mail Address J6!5. . e±r Q 0.T, V Mobile s`75 t 7y'_''aK L Year Current Residence in Cape Girardeau Began / -?9'7 Current Employer and Position le i�T, eoa Previous Employers and Positions L L, X e o /,.r. s,, I-,,, s S 4 cES Af4+/4-6 Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission 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): 5foe ✓/ate m.✓ Gj-o �r- G, 4 /z if Ga.r s n✓ A/4>e -7-" .4 c 7 , v� W-1-4 /N reef s! �/ A f(rxe-.� #. State why you are interested in serving on this board: -7-o 14&; P /4w `� 4 6,r-- # 16 c, c L Lr �A-c,-4 Educational Background: S/1) qc-t- N 49zc-,c7-✓¢4� n,ea-,'-, ,✓ a Community Activities (Include offices held and committee service): Sfina w6s s cQ e; eo 1,, C, � 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? '04 Yes ❑ No Would you like to attend a City Council Study Session when your Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date//- f-- /O ** Board Member Sgfr)fnaq(Sheets are validTor one year from the date that they are signed Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617 CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name Tom Davisson Home Address 412 N. Sunset Cape Girardeau, Mo 63701 E-mail Address daviggf@hotmail.mm Year Current Residence in Cape Girardeau Began 1985 Current Employer and Position Community Caring Council - Executive Director Telephone: Day 573-651-3747 ext 101 Mobile 573-450-5317 Previous Employers and Positions upper-level management positions vdth the Southeast Region of the Missouri Division of Family Services Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners of / Girardeau Goes Green Advisory Board / V Golf Course Advisory Board Historic Preservation Commission 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): member of Vision 2020 Community Relations Council years State why you are interested in serving on this board: I want to be of service Educational Background: BSW, post graduate studies, numerous CEU's in a variety of areas Community Activities (Include offices held and committee service): none Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning _A_ Noon ii� Afternoon Evening Anytime Would you like to receive news from the City via e-mail? Yes ✓ No Would you like to attend a City Council Study Session when your ✓ Yes No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed 1,— 0 l/7i.1-Q...J Date 6 , ff , /O ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Bos 617, Cape Girardeau, MO 63702-0617. RECEIV`DJ, ADVISORY U 1 CITY OF CAPE GIRARDEAU, MISSOURI 'J11. ADVISORY BOARD APPLICATION Name %%,' 191)_ 7 f de!% Telephone: Day Home Address /� 4, Evening Jq , P, E-mail Address Mobile — Year Current Residence in Cape Girardeau Began e2 b a Current Employer and Position I Previous Employers and Positions �21 ",I� r7 y S oa/r �d rA^ - 7 -9 rJ,v Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board �k I Golf Course Advisory Board ,l3_ ke 'Historic Preservation Commission 42. ✓Parks & Recreation Advisory Board _ Planning & Zoning Commission A 4 �� Public Library Board River Campus Board of Managers Show Me Center Board of Managers Special Business District Advisory Commission �1j 7 Tree Board Special Qualifications for specific board(s) (include past board service): State why you are interested in serving on this board: y yr C ` j 2 ! , 9� f ti PL Educational Background: P� c - ��,�P 3. Community Activities (Include offices held and committee service): /-7 o-yiQ- eZZ 01 pr e,r-c. -TZ �,2- Meeting time(s) convenient for you: (Please check one in Aand 9ne in B) A. Weekly Monthly Anytime ✓/ B. Morning Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? ❑ �I es U� No Would you like to attend a City Council Study Session when your l Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed /` Gv ��0� DateZy� ** Board Member Summary Sheets are valid for one year from the date that t] ey are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY Or CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name i vvv,A,� pp�2 e `` Telephone: Day 33 y- 0,-7 Z%s Home Address �,�j 53 D( wre1('\ r J� crvi'_ Evening 33cl-'.,5�,S E-mail Address nw�er- )ee g teCh 0, Cotte —Mobile—X00 - 90 Year Current Residence in Cape Girardeau Began II II p Q Current Employer and Position ��,A�o�t e l , c_ 5i�-o tv\ �u c n N'5 TO iZ Previous Employers and Positions 5 I=L F - EVv P`fn.1 eA , E �,c v,\,Ae& s f Number in priority order the Board(s) you are interested in serving on? 10 Airport Advisory Board Board of Adjustment Board of Appeals 1 t Board of Examiners t Girardeau Goes Green Advisory Board -1-3-- Golf Course Advisory Board 1� Historic Preservation Commission z Parks & Recreation Advisory Board 3 Planning & Zoning Commission _l_ Public Library Board I t River Campus Board of Managers iS Show Me Center Board of Managers Special Business District Advisory Commission IL Tree Board Sp,xial Qualifications for specific board(s) (include past board service): M �S.So✓� ' .fli s �C(c C }-dome- M✓ ss � OQ-15 r� State why you are interested in serving on this board: To �\ep -}Pe Q f r II r pr Ed icational Background: 15 C, Aoc tc5 ree i v T' y Community Activities (Include offices held and committee set -vice): _ 1n� v1�ec o`f- C -A' vterc'e 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? C --Yes ❑ No Would you like to attend a City Council Study Session when your lq�Yes ❑ No application conies up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Signed � Date % L(a ZD)U ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name H. W. M €yt2. Telephone: Day 33`F- 3 oo G Home Address 11 2 5 M ata y Evening 33 `t- D -7.5 8 E-mail Address hwme�re.kotvnVAtx,CLO m Mobile Year Current Residence in Cape Girardeau Began ( 0l (0 5 Current Employer and Position NaRO�a mEfR RCCOIAYJZTNG P,C C P. P Previous Employers and Positions rooves Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board I Golf Course Advisory Board Historic Preservation Commission 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): State why you are interested in serving on this Educational Background: Community Activities (Include offices held and committee service): CapF G\V-A f 0,413 akWTY ROTA Ry _ PasT PetesiOEeT JOY 9'CUt 5 0� AMERxcp- Ea GSE !�jcouc Bo Akv 04 {3t:-viE10 Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly x Anytime B. Morning Noon X Afternoon Evening Anytime Would you like to receive news from the City via e-mail? -0 Yes ❑ No Would you like to attend a City Council Study Session when your --Fl Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Date t i D %ao, o ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Name l olyt " - t - Home Address ) Z k Z- M E-mail Address Paul, Year Current Residence in Cape Current Employer and Position _ CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Telephone: Day 3 A (oOS Oot3 Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board _ Board of Adjustment _ Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission Special Qualifications for specific board(s) MPW-%� Si.V',nCPi,. Vel O . yrpu ; Co S State why you are interested in serving on this Educational _ 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 (B�oard :boards rrvice): Covr'ut�+ - �a°t 1d- 1 . l .� .J— t. offices held and committee service): „M. +� C'e mgr Meeting time(s) convenient for you: (Please check one in A and in B) A. Weekly_ Monthly_ Anytime B. Morning —Noon _ Afternoon _ Evening _-,/Anytime Would you like to receive news from the City via e-mail? ❑ Yes Et Nom' Would you like to attend a City Council Study Session when your El Yes pI o application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) co ve onths w result in your position being automatically forfeited on the board fission. Signe/JVT Date '5 [� 1 1 b 'i Board Member Summ• is e v lid for one year from the date that they are signed. Return to the City Manager rOfte, P.O. Box 617, Cape Girardeau, MO 63702-0617. U1,41 AW CITY OF CAPE GIRARDEAU, MISSOURI <� ADVISORY BOARD APPLICATION Name �Telephone: Day 93.2-19442 Home Address %.)(o /3 PLC/Mpcp-)�< Evening 33.i-/SLU L/ r E-mail Address /C SGC h Z s/�o/!�/7ap•Gy>n- Mobile X37 /079 Year Current Residence in Cape Girardeau Began I fW -Iz JW 6,4 uc 2ce P Current Employer and Position Previous Employers and Positio Number in priority order the Board(s) you are interested in serving on? !/ Airport Advisory Board i Board of Adjustment /v Board of Appeals 9 Board of Examiners L Girardeau Goes Green Advisory Board Golf Course Advisory Board /2 Historic Preservation Commission �{ Parks & Recreation Advisory Board 9 Planning & Zoning Commission S� Public Library Board L River Campus Board of Managers 6 Show Me Center Board of Managers Special Business District Advisory Commission 13 Tree Board Special Qualifications for specific board(s) (include past board service): /'teen /yam ,<p -y A) N' -j /t/,.rn ppfi�t s� rLtiB- n c 1r)✓ac /4PV State why you are interested in serving on this board: 2dgt 6s' aC 4�e 11,10 AJ <✓ le; -9�e� Educational Background: DS /.t/ A�I�vAuit�df — SF•�G�Lg�</e,�c ��l�tL,.Z/, yv1�t- � Community Activities (Include offices held and committee service):���/j�ri ifi dA/� �/Yriels, R Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly /Monthly! Anytime '' B. Morning _ , Noon Afternoon , Evening Anytime Would you like to receive news from the City via e-mail? irYes ❑ No Would you like to attend a City Council Study Session when your %J[�J�cs ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. / Signed Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, Y.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name ACIO(ks &nIjor- Telephone: Day (s73� 579-5362 Home Address /65/ rler+hL;ti Evening (,v3\� 337-7G-- /9 E-mail Address f\snyc�erpell ea 6. k', r. co Mobile (5231574-6362 Year Current Residence in Cape Girardeau Began Current Employer and Position AUc e it -V- ci f:l A,Jjs� Previous Employers and Positions{nA �1 FIor-L Fss FES- M n¢/ Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment _ Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board 2 Golf Course Advisory Board (o Historic Preservation Commission 3 Parks & Recreation Advisory Board Planning & Zoning Commission 3 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): N/A State why you are interested in serving on this board:_/{y_o o.,( -, sy,e«..,�- rt4 b, G_ o ?C x-;,11. CA p ( m ' i�:n' tl.,_ 5 nsc. wo�.y cii.Aciie 5 its l7cs +o oLl. i 6.i+ 11.E �w+ _i- at-+, t.a4 e� AA- 'Slen SJ]A.s 4'Ay Los. E/rducationalBackground: BS43A t'lA ..cz ,ti\Z'0. in Cry.. o...:cS. C iad.,.,l-� �� � t<s�1 (Aryl. sem[- Jl Community Activities (include offices held and committee service): Cep CA. MA w-�- lues 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 JC Would you like to receive news from the City via e-mail? q5s Yes ❑ No Would you like to attend a City Council Study Session when your ®- Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Signed 7/ Date :? S1 ** Bo emer Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name Dr- S "%k1 4 Ca sSO ✓1 Telephone: Day Jr 7?L.2 Home Address 2 Z 'A 4/0 o -ks 41 e, f Evening S7,? S `f !Vs" E-mail Address s fra /SLi��y7� /0 2 4j1 !qct Mobile J -7Y-2 70 -71 6 Year Current Residence in Cape Girardeau Began oC f 0 . f^ Z Ot) 3 � Current Employer and Position &e k a vly�q�f� ct `�'7��C� -S�2a /� e ✓ TaLS7�i ✓ Previous Employers and Positions f - A Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board IL Board of Adjustment _ Board of Appeals _ Board of Examiners _ Girardeau Goes Green Advisory Board Golf Course Advisory Board Historic Preservation Commission 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): % & Z Q State why you are interested in serving on this board: a !'1wt—_T_ e0a,ln,1 /s4✓ f2ctfs.c% p c -t c..cL r�[__i2s% sc✓v,r, Educational Background: .t v C q ?_ offices held and committee service): 7 'a 1,00 ct Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly_ Monthly_ Anytime B. Morning , Noon Afternoon Evening Anytime Would you like to receive news from the City via e-mail? 91�Yes ❑ No Would you like to attend a City Council Study Session when your 1J, es ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed r�--- Date %'j)'10 ** Board Member Summary Sheets are valid for one year from the date that they are signed Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Agenda: January 10, 2011 Staff: Gayle Conrad, City Clerk SUBJECT Appointment of one member to the Historic Preservation Commission for a term expiring April 16, 2012. EXECUTIVE SUMMARY Mr. Wayne Bowen resigned his position on the Historic Preservation Commission due to his appointment to the Planning and Zoning Commission. He was serving a term set to expire April 16, 2012. A copy of the roster is attached for your information. BACKGROUND/DISCUSSION Regarding membership on the Commission, Section 30-117 of the City Code states, "...the members to be residents of the city, all of whom shall be appointed by and approved by the city council. The council shall make every effort to appoint persons with a demonstrated interest in the historical preservation of the city. To the extent available, the preservation commission shall include professional members representing such disciplines as architecture, law, real estate, history and or any other field related to historic preservation. " The following individuals have expressed an interest in serving on the board, and their board summary sheets are attached. Bill Isbell Keith Sander Timothy Lee Nicholas Snyder GENERAL DIRECTION SOUGHT/SPECIFIC QUESTIONS TO BE ANSWERED Unless directed otherwise, two appointments to the Historic Preservation Commission for a term expiring April 16, 2012, will appear on your next City Council agenda. ATTACHMENTS • Historic Preservation Commission Roster • Historic Preservation Commission Applications CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees January 1, 2011 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. R. Scott I -louse Donna S. Grantham Darryl Morgan (ex-officio/Town Crier) Sharon Giebler Vacant (Bowen) Bill Eddleman, Chairman Dick Kent Withers Patti House (Appel) Charlotte Young Slinkard Robert Komorech Felix Kinsley (honorary) Historic Preservation Commission Date Appointed September 20, 2004 July 21, 2008 April 21, 2008 May 19, 2008 April 6, 2009 December 20, 2004 May 19, 2008 September 6, 2005 April 6, 2009 October 19, 2009 June 6, 2005 Date Reappointed Term Expires 3/21/0515/5/08 April 16, 2011 --- April 16, 2011 April 16, 2011 4/6/09 April 16, 2012 --- April 16, 2012 4/17/06; 5/1/06; 4/6/09 April 16, 2012 4/6/09 April 16, 2012 4/2/07; 4/5/10 April 16, 2013 4/5/10 April 16, 2013 4/5/10 April 16, 2013 N/A Serve three year terms, appointed by Council. To the extent available members shall include professional members representing such disciplines as architecture, law, real estate, history, or any other field related to historic preservation. Meetings held third Wednesday at 7:00 p.m. in Council Chambers. Comm issionadministersthe Historic Preservation Ordinance and applications • landmarks and historical districts. Staff contact- Ken Eftink, Director of Development Services, 339-6326. [Ord. 3841, 20/07, members reduced from 1 I to 9]. CITY OF CAPE GIRARDEAU,MISSOURILiVEO NCi 1111 ADVISORY BOARD APPLICATION Name /,',2rs, m // TI d e /� / Telephone: Day Home Address �. T� �i� /��f?. Evening f g P E-mail Address Mobile Year Current Residence in Cape Girardeau Began d e Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board $ I Golf Course Advisory Board 31,�fHistoric Preservation Commission -1t-Z ✓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 �i �� Tree Board Special Qualifications for specific board(s) (include past board service): r/74:721 i"ll Codyel State why you are interested in serving on this board: M r y/ c -/D m 9i cif 7i 2er Educational Background Community Activities (Include offices held and committee service): /JD -&7= 4F -Ir- o-/ PrcccFz�l'i Pkew Y Meeting time(s) convenient for you: (Please check one in A and Qne in B) A. Weekly Monthly P , me ✓/ / B. Morning Noon Afternoon Evening Anytime t/ Would you like to receive news from the City via e-mail?❑ Yes hJ No Would you like to attend a City Council Study Session when your ❑' Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed /` � -.,_ a ��� Date / ** Board Member Summary Sheets are valid for one year from the date that t ey are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Name CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION �_e 'telephone: Day 33 L4- d % Z).S Home Address ) "5 f-wt'e ' \ D r �J t r CfiBF Eveuing_3 3j `% - 15�, S E-mailAddiess tla P>w2� �ee i /a ✓i,o Corm Mobile ,ZQO - cloy ) �� Year Current Residence in Cape Girardeau Began --,2.-O—C 3 Current Employer and PositionPl �0 M (Se CL�u rcL {'f�5 TO Previous Employers and Positions 5 ELF - c��9�r� F- eti e } Number in priority order the Board(s) you are interested in serving on? tJ Airport Advisory Board Board of Adjustment Board of Appeals y . Board of Examiners Girardeau Goes Green Advisory Board _ Golf Course Advisory Board r Historic Preservation Commission Z Parks & Recreation Advisory Board 3 Planning & Zoning Commission —I Public Library Board I t River Campus Board of Managers _ Show Me Center Board of Managers Special Business District Advisory Commission I2 Tree Board Special Qualifications for specific b(oard(ss)f(include past board service). State why you are interested in serving on this board: To �\eA p �a ���(-�a E_ e O rc�-,Ar (( I1 f 1 t/'Se CS O� +Le ON' 'JEC SR, cn.+��roat( A'MS of (F re� �V c Ed icational Background: Uccrfee_ i Coannunity Activities (Include offices held and committee service): �VtA Vel b2C' O-� Can'mc -c-e. 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? B --,Yes ❑ No Would you like to attend a City Council Study Session when your L- Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four(4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the bmi-cf/conunission. Signed Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City tManager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name ell -4 107 S4A/p EX Telephone: Day X3.2-/sG v Home Address Evening 33.1-/5SGa E-mail Address KSGChcye� /��j�fjop•Cmvu. Mobile F37 7,Pf Year Current Residence in Cape Girardeau Began 1&Z 6A-zVc 2n42 y Current Employer and Position Previous Employers and Positic Number in priority order the Board(s) you are interested in serving on? // Airport Advisory Board 3 Board of Adjustment 167 Board of Appeals 9 Board of Examiners L Girardeau Goes Green Advisory Board Golf Course Advisory Board /2 Historic Preservation Commission If Parks & Recreation Advisory Board g Planning & Zoning Commission S- Public Library Board River Campus Board of Managers G Show Me Center Board of Managers Special Business District Advisory Commission Z3 Tree Board Special Qualifications for specific board(s) (include past board service): /'46rn (tom• spy /pyo /t✓o 0-w pgfi a•s-V� Zg0pV _ State why you are interested in serving on this board: Educational Background: �%✓ / fir. �' /�S /.✓ sLlavAuir<.df — Sf� days � ��GtL„2It /l•�v�.t- S Community Activities (Include offices held and committee service): ��/j�.ri �57= aA/� //2✓ids R Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly /Monthly! Anytime -' B. Morning �� Noon � Afternoon , Evening, Anytime Would you like to receive news from the City via e-mail? fr—yes ❑ No Would you like to attend a City Council Study Session when your LL.;�es ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences; or four (4) absences in any twelve (12) consecutive months, will result in..your position being automatically forfeited on the board/commission. Signed Date /h6f /v ** Board Member Summary Sheets are valid for one year from the date that they are signed_ Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD APPLICATION Name &,l.Jer Telephone: Day (.573� S79 - 5362 Home Address 1651 rlortk Evening(573� 337-7&29 E-mail Address —Mobile C673� 574- 5342 Year Current Residence in Cape Girardeau Began Zoo J Current Employer and Position AWc e AAU45� Previous Employers and Positions ){ A lO Floc�� - Ass;El • F M wv Number in priority order the Board(s) you are interested in serving on? Airport Advisory Board Board of Adjustment Board of Appeals Board of Examiners Girardeau Goes Green Advisory Board Z Golf Course Advisory Board 6 Historic Preservation Commission 3 Parks & Recreation Advisory Board Planning & Zoning Commission -5 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): State why you are interested in serving on this board:—q,,( -,s 40 -{t4 l�b,=G O C l C-e„eraeeo`S 11� M '..,, 11ce-'. eur�s —A cAA Ac{ —!, 1i iskl �,RS Vo ok�,. 1k ;s -.—p,Ak A \-o tAA- o.,.t( lJ�nCs 61k Aly ,w� {- a1, [.et- oiAt� „ fir, 5v,�,5 it- <1y I,As. ErrducationalBackground: -Jj SfIA Q'.a..._ ��1lteos� /vl.:sso��: St�k ll.,:,,.-�es�ly r"'p' i- Community Activities (Include offices held and committee service): Ccpe d4- Ce.. ,. 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 JC Would you like to receive news from the City via e-mail? 0 Yes ❑ No Would you like to attend a City Council Study Session when your Jyt- Yes ❑ No application comes up for consideration? By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Signed Date S o2n/r) " Bo, €tn er Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Boz 617, Cape Girardeau, MO 63702-0617. CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Meeting: Thursday, November 18, 2010 @ 7 am Cape Girardeau Public Library, 711 N. Clark ATTENDANCE The Cape Girardeau Public Library Board of Trustees met Thursday, November 18, 2010. Present: Stan Irwin, Sheryl Smith, Ed Thompson, Jeff Long. Also present: Director Betty Martin, Linda Bailiff Absent: Joan Slaughter, Eric Bohl, Fran Austin, Angel Hillman, Kevin Greaser. President Stan Irwin called the meeting to order at 7:00 am. MINUTES The September minutes were reviewed. Upon a motion by Ed and seconded by Sheryl, the October minutes were approved. BILLS The bills were presented for approval. Upon a motion by Sheryl and seconded by Ed, the bills were approved for payment. PRESIDENT'S The Board discussed having a Christmas party for Board members and spouses but REPORT the idea was dismissed. DIRECTOR'S Director Betty Martin asked if anyone had tried the Overdrive downloads since it REPORT was introduced last month. Sheryl said she had requested a title and was waiting BETTY MARTIN for it to become available. Betty asked all Board members to "Fan" the library Facebook account and to suggest that their friends do the same. Some people have recently reported attending a program because they saw it on Facebook. There will be three 1LS (Integrated Library Systems) demonstrations this month: Polaris, Sirsi/Dynix (current system) and TLC. We are awaiting quotes and references. Will hopefully have a quote for Board approval at the January meeting. Our servers will be considered at their "end -of -life" in May, 2011, so we hope to start a migration by February, 2011. Some key features we are anticipating include: more "google-esk" type search bar, a "did you mean?" feature, mobile phone app, notice texting option, more user friendly catalog and circulation modules, and better report functionality. Also trying to keep annual maintenance/support fees to what we are paying now which is approximately $12,000. Betty asked the Board how involved they would like to be in the selection process and they agreed that Betty should decide which system(s) would be best and bring to the Board for final approval. Betty will be out of the office December 1-3`d for the MO Public Library Directors meeting at the Lake of the Ozarks. Betty will be on vacation the week between Christmas and New Year's and will be out of town. Betty distributed new bookmarks to help promote the new website. Health Insurance Quotes: We were approached by Marathon Benefits Group to quote on the library staff health insurance. The lowest quote was from UHC - $354.60 per person plus a 10% underwriting fee and once the applications are filled out, it could be higher. The biggest issue is that St Francis Medical Center is not an approved provider. Also, there will not be an increase in cost if we stay with City's pool. Marathon recommends that we stay with the City this year and contact them again next year. In the meantime they are going to give us a quote for a vision only plan, probably $10/month/employee. Could offer to 10 full time and 5 classified part time employees for a cost of approximately $1800/year. Once we get the quote, we could either offer for the library to pay or just have available for staff to pay. Board consensus was for employees to pay for this benefit, not the library. Jeff made a motion to keep the Library's health insurance with the City, seconded by Sheryl. Motion passed. COMMITTEE Building & Grounds: REPORTS The City Engineering department said that the water drainage pipe near the bio Swale is on library property and is draining onto City easement property and the City doesn't care. "Wherever the water lies, that's the way it is". Also checked with the City attorney and he doesn't think there is an issue and stated that we have no legal obligation to address the water run-off issue any further. During the past month, Betty has been called by the alarm monitoring company(s) three times in the middle of the night. The first time was the security alarm — one of the power packs had malfunctioned; the second time was after the sprinkler system had its annual inspection — air in the pipes; and the third time might have been a wrong number from the alarm company. They said they lost the connection to our primary phone line for a brief time. Hi -Tech Communications will be installing two more surveillance cameras that will monitor the DVD/CD collection. These cameras will have a higher resolution than our original ones. We will replace 4 of the original cameras with these higher resolution cameras in order to better identify problem patrons. Building Project Funds: Kevin Greaser is contacting City Finance Officer John Richbourg and bond attorney Mark Grimm and will report at the next meeting. FRIENDS Donations for the naming of the last tutoring room are nearing the goal of $10,000. The room will be named "Colin Brett McLain Study Room". ADJOURNMENT Sheryl made a motion to adjourn the meeting, seconded by Jeff. Vote was unanimous and the meeting adjourned at 8:06 am. NEXT MEETING Thursday, January 271', 2011 Cape Public Library, 7 a.m. (No December Meeting) Recorder- Linda Bailiff 2 (DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING December 9, 2010 The Cape Girardeau Municipal Golf Course Advisory Board met at the A. C. Brase Arena Fairboard Conference Room on Thursday, December 9, 2010 at 12 noon. Present: Kenneth Bramlett, Chairman Robert Guard, Secretary Charles Wagoner Board Member Charles Heady, Board Member Kent Ward, Board Member Chris Janet, Board Member Jim Hastings, Jr., Board Member Absent: Robert Pastrick, Vice Chairman Jack Watts, Board Member APPROVAL OF MINUTES Staff Present Daniel D. Moser, Director of Parks and Recreation Brock Davis, Park Division Manager Jared Tanz, Golf Course Manager Marcia Stone, Administrative Coordinator Guest: Chairman Bramlett requested the approval of the October 28, 2010 minutes. Charles Wagoner made a motion to accept the minutes as presented. Jim Hastings seconded the motion. Motion passed. OLD BUSINESS A. Parks and Recreation/Storm Water Projects Director Maser reported that Ribbon Cutting Ceremony for the Osage Centre will be held next Thursday at 11:00 a.m. The Shawnee Park Center construction is still progressing and should be completed in February. The concession facilities are finished. The soccer concession was used this last fall season. The softball concession facility will be in operation this coming spring. Central Municipal Pool bubble is up and the pool is in operation. This spring the bathhouse and deck work will be started. A new shelter has been built in Dennis Scivally Park and the Park Division Staff will be installing playground equipment at the site over the winter. The trail extension going north to the County Park is being utilized. Ameren Missouri, Culvers and Subway made donations to the Parks and Recreation Foundation for the holiday lights at Cape Splash. NEW BUSINESS A. Election of Officers Robert Guard made a motion to nominate Bob Pastrick as Chairman. Chris Janet seconded the motion. Motion passed. Chris Janet made a motion to nominate Rob Guard as Vice Chairman with Jim Hastings second. Motion passed. Rob Guard made a motion to nominate Chris Janet as Secretary with Kent Wards second. Motion passed. REPORTS A. Policies and Procedures — Robert Pastrick, Robert Guard, Jim Hastings No report. B. Planning and Development— Charles Wagner, Kent Ward, Charles Heady No report at this time. C. Advertising and Promotions - Jack Watts and Chris Janet No report at this time. Golf Course Advisory Board December 9, 2010 Page 2 D. Golf Course Improvements - Kenny Bramlett, Jack Watts, Kent Ward Director Moser reported that the golf staff would be planting Bald Cypress and Oak Trees 40 foot apart along 15 fairway and 13 tee. The will also plant crepe myrtle plants in between the tree plantings. E. SEMO Cup - Jack Watts, Robert Pastrick No report OTHER BUSINESS Robert Guard made a motion to change the January 27, 2011 meeting date to January 20, 2011 and the meeting will be held at the Osage Centre. Chris Janet seconded the motion. Motion passed. There being no further business the meeting was adjourned. Respectfully submitted, Robert Guard, Secretary (DRAFT) CITY OF CAPE GHURDEAU TREE ADVISORY BOARD MEETING December 13, 2010 The City of Cape Girardeau Tree Advisory Board held their regular scheduled meeting on October 13, 2010, 12 noon at the Osage Community Centre. Present: Kevin Govero, Chairman Robert Hands, Board Member Daniel Grimm, Vice Chairman Absent: MINUTES Dan Moser, Parks & Reer. Director/Member Tim Gramling Public Works Director/Member Staff Present: Marcia Stone, Recording Secretary Chairman Kevin Govero requested approval of the October 13, 2010 minutes. Tim Gramling made a motion, seconded by Robert Harris to approve the minutes as presented. Motion passed. NEW BUSINESS A. Election of Officers Dan Muser made a motion to retain Kevin Govero as Chairman and Dan Grimm Vice Chairman. Tim Gramling seconded the motion. Motion passed. B. Tree City USA Dan Muser reported that the Tree City USA application has been sent in. The application requires the hours of tree maintenance in the city over the past year and the score is based on the population/maintenance hours, Arbor Day Observance and tree board meetings. The Tree City USA award will be made the first of the year. C. Fountain Street free Dan Muser reported that the Engineering Department reported a citizen's concern that the Cottonwood Tree adjoining his property along Fountain Street that was possibly weakened during the Fountain Street retention basin improvement. Dan Moser and Tim Gramling determined that the tree had no obvious physical problems. The committee will review the tree's condition next summer. OLD BUSINESS A. Isle of Capri Tim Gramling and Dan Muser reported that the board members may be involved in the Broadway improvements after the preliminary streetscape is established with the funding from Isle of Capri. They will need to be thinking about appropriate plantings suitable for this area. B. 'free Evaluations Tim Gramling reported that the second phase of the Bloomfield Road trail will be included in the bid as an add alternate. The trail's location has not changed so the board's recommendation is still good. OTHER BUSINESS Dan Moser reported on the Parks and Recreation/Storm Water Projects. The Shawnee Park Center is currently under construction and projected completion for February 2011. The Evening Optimist Club donated the material for the new shelter at Dennis Scivally that has been constructed by the Park Division Staff. The ribbon cutting for the Osage Centre will be held on Thursday, December at 11 a.m. . Tree Advisory Board Meeting December 13, 2010 Page 2 Phase two of the Arena Athletic Fields will be constructed over the summer. The staff will be working on constructing a three field complex on East Rodney and eliminate the youth fields that are too close to the road. The new bubble is in use and the bathhouse renovation will be done late spring. Dan Grimm thanked Dan Muser, in behalf of the Cape Area Youth Soccer Association, for the wonderful new concession stand that they were able to use this past season. Their concession revenue tripled. Dan Moser invited the members to attend the Parks & Recreation Department Christmas Luncheon on Wednesday, December 15th, 12 noon at the 4-H Exhibit Hall and the Osage Centre Ribbon Cutting Ceremony on Thursday, December W, 11 a.m. There being no further business, the meeting was adjourned . The next board meeting will be held on Monday, February 14, 2010, 12 noon at the Osage Centre. Respectfully submitted, Marcia Stone, Recording Secretary