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07-07-14 Regular
n Harry E. Rediger, Mayor Joseph Uzoaru, Ward 1 Shelly Moore, Ward 2 Patrick Koetting, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Wayne Bowen, Ward 6 r July 7, 2014 Study Session 5:00 PM Items for Discussion City Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www. cityofcapesirardeau. org • Planning and Zoning Commission Report • Beautiful Business Property of the Month Presentation • Tangible Results - Well Maintained Capital Assets - Tim Gramlins • City Charter Review • Board of Examiners Discussion - Applicant Recruitment • Agenda review • Appearances regarding items not on the agenda No action will be taken during the study session Closed Session Items for Discussion • Legal actions and litigation, confidential communications with legal counsel, and property acquisition, pursuant to RSMo. Sections 610.021 (1) and (2). 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). J� Regular Session 7:00 PM Invocation Pastor Bruce Baxter, La Croix United Methodist Church of Cape Girardeau Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations Communications/Reports • City Council Public Hearings 1. A public hearing to consider a request for a Special Use Permit to establish a residential use on the first floor street frontage at 915 Broadway. (Agenda Item No. 15: BILL NO. 14-104) 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. • Items listed on the agenda 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. 2. Approval of the June 16, 2014, City Council regular session meeting minutes. 3. BILL NO. 14-94, an Ordinance approving the record plat of A Re -subdivision of McLane Outlot No. 1. Second and Third Readings. 4. BILL NO. 14-95, an Ordinance approving the record plat of Resubdivision of Lots 1-8 of Baldwin Place Phase L Second and Third Readings. 5. BILL NO. 14-96, an Ordinance approving the record plat of Greater Cape Girardeau Business Park. Second and Third Readings. 6. BILL NO. 14-97, an Ordinance approving the record plat of Gaither Subdivision. Second and Third Readings. 7. BILL NO. 14-98, an Ordinance appropriating funds for operating expenditures, capital expenditures and transfers for the fiscal year ending June 30, 2014, in the City of Cape Girardeau, Missouri. Second and Third Readings. 8. BILL NO. 14-100. an Ordinance annroving the record Dlat of Resubdivision of Lot 7 of Cane West Seventh Subdivision. Second and Third Readings. 9. BILL NO. 14-102, a Resolution authorizing the City Manager to execute an Agreement with Bowen Engineering and Surveying, Inc., for general engineering and surveying services. Reading and Passage. 10. BILL NO. 14-103, a Resolution authorizing the City Manager to execute an Agreement with Koehler Engineering and Land Surveying, Inc., for general engineering and surveying services. Reading and Passage. 11. BILL NO. 14-105, a Resolution authorizing the City Manager to execute Supplemental Agreement No. 1 with Crawford, Murphy, and Tilly, Inc. for construction phase services to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport. Reading and Passage. 12. BILL NO. 14-106, a Resolution authorizing the City Manager to execute a Contract Agreement with Gilmore Construction, LLC, to remove and repaint taxiway cernterlines and hold lines at the Cape Girardeau Regional Airport. Reading and Passage. Items Removed from Consent Agenda New Ordinances 13. BILL NO. 14-93, an Ordinance providing for the extension of a sales tax in the amount of one-eighth of one percent for the purpose of providing revenues for the operation of the Cape Girardeau Municipal Fire Department, and calling an election in the City of Cape Girardeau, Missouri, on the question of whether to extend such sales tax. First Reading. 14. BILL NO. 14-101, an Ordinance amending Schedule T of Section 26-260 of the City Code, by establishing handicapped parking along a portion of Rose Street, in the City of Cape Girardeau, Missouri. First Reading. 15. BILL NO. 14-104, an Ordinance granting a Special Use Permit to Shiloh, LLC, for purposes of establishing a residential use on the first floor street frontage at 915 Broadway, in the City and County of Cape Girardeau, Missouri. First Reading. 16. BILL NO. 14-107, an Ordinance accepting Permanent Maintenance Easements and Temporary Construction Easements from various property owners, for the Whitener Detention Basin Project, in the City of Cape Girardeau, Missouri. First Reading. 17. BILL NO. 14-108, an Ordinance accepting a Quit Claim Deed from the Missouri Highways and Transportation Commission, for property located along Interstate 55, in the City of Cape Girardeau, Missouri. First Reading. 18. BILL NO. 14-109, an Ordinance accepting a Deed of Dedication from Southeast Missouri Hospital Association, for property located at 2001 William Street, for the Sheridan and William Signal Improvements Project, in the City of Cape Girardeau, Missouri. First Reading. 19. BILL NO. 14-110, an Ordinance amending Section 15-8 of the Code of Ordinances of the City of Cape Girardeau, Missouri regarding business licenses. First Reading. Appointments 20. Appointments to the Special Business District Advisory Commission 21. Appointment to the Board of Examiners 22. Appointments to the Girardeau Goes Green Advisory Board 23. Appointment to the Liquor License Review Board Other Business Meeting Adjournment Advisory Board Minutes Board of Appeals - June 12, 2014 Comprehensive Plan Oversight Committee - February 21, 2014 Girardeau Goes Green Advisory Board - June 10, 2014 Golf Course Advisory Board - June 26, 2014 Historic Preservation Commission - May9. 2014 Historic Preservation Commission - June 18, 2014 Keep Cape Beautiful Committee - May 27, 2014 Parks & Recreation Advisory Board - June 9, 2014 Planning & Zoning Commission - June 11, 2014 Public Library Board - May 22, 2014 Southeast Missouri Planning Organization - May 21, 2014 Show Me Center Board of Managers - June 12. 2014 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 7/7/2014 SUBJECT A public hearing to consider a request for a Special Use Permit to establish a residential use on the first floor street frontage at 915 Broadway. EXECUTIVE SUMMARY This agenda item is for a public hearing on a request for a Special Use Permit to establish a residential use on the first floor street frontage at 915 Broadway. The first reading of an ordinance granting the Special Use Permit is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been submitted for a Special Use Permit at 915 Broadway. The property is zoned CBD (Central Business District) with the DCC (Downtown Commercial Corridor) Overlay. The applicant is proposing to renovate the existing building and convert it into an office and an apartment. The DCC regulations require a Special Use Permit for a residential use on the first floor street frontage of the building. The applicant has submitted drawings showing the proposed scope of work. The wall openings on the north and west sides of the building are proposed to be modified per the attached rendering. The entrance to the apartment will be on the west side of the building and will be screened with a wall. An awning is proposed to be added on the office side of the north elevation. On the apartment side, decorative beams are proposed. The window and door frames, as well as the awning, will be black painted metal. The decorative beams will be black painted metal or wood with a cedar finish. The applicant wishes to maintain the weathered brick finish as shown in the photo of the existing building. A brick patio/walkway and an integrated planter will be added as well. The paved parking area in the front and side yards is to be removed and replaced with new concrete. The existing gravel parking area in the rear yard will be maintained. A wood privacy fence was recently installed in the side and rear yards along the east and south property lines. The applicant is proposing a black chain link fence along the west property line. Variances are shown for the width of the street landscaping strip (10' minimum is required; 7' is proposed), the percentage of overall site landscaping (15% minimum is required; 10% is proposed), and for the height of the proposed fence and railing in the front yard (3' maximum is required; 4' is proposed). City staff supports all three variances due to the unique conditions of the site, including the lack of existing landscaped area and the close proximity of the building to the street and other buildings. Certified copies of the application, application file, and the following applicable sections of the Zoning Ordinance are attached: Section 30-355 lists a residential use on the first floor street frontage as a special use in the DCC (Downtown Commercial Corridor) Overlay District. Section 30 -401 contains the requirements for Special Use Permits. The first reading of an ordinance granting the Special Use Permit is also on this agenda as a separate item. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS See attached staff report for analysis. STAFF RECOMMENDATION Staff recommended approval of the Special Use Permit request to the Planning and Zoning Commission (including the variances) with the conditions in the attached staff report. The staff conditions are included in the proposed ordinance. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on June 11, 2014 and recommended approval of the Special Use Permit request (including the variances) with the staff conditions by a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH A notice of the City Council's public hearing was advertised in the Southeast Missourian on June 15, 2014. In addition, a sign containing the date, time, location, and subject of the public hearing was posted on the property. ATTACHMENTS: Name: Description: ❑ Staff _Review - Referral- Adion_Form.pdf 915 Broadway - Staff RRA Form ❑ Staff Report P Z SUP 915 Broadway Residence in Front Street LeveIRT 915 Broadway - Staff Report ❑ Staff _Report ADDENDUM P Z SUP 915 Broadway Residence in Front_ Street_Level.pdf 915 Broadway- Staff Report Addendum ❑ 915 Broadway- Aerial_Map.pdf ❑ 915 Broadway- SUP Applicationg! ❑ 915 BROADWAY- 4- 22- 14. Ipo 915 Broadway - Map 915 Broadway - SUP Application 915 Broadway - Existing Building ❑ 915 Broadway Scheme 6 - Parking_V6B.jpg ❑ 915 Broadway Scheme 6 - Parking_Final.pdf ❑ 915 Broadway Plan.pdf ❑ DCC.pdf ❑ Sec 30 -401 Special Use Permits.p 915 Broadway - Rendering 915 Broadway - Site Plan 915 Broadway - Floor Plan Section 30 -355 DCC Downtown Commercial Corridor Overlay District Section 30 -401 Special Use Permits CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Special Use Permit ANIM Application FILE NO. 1304 LOCATION: 915 Broadway STAFFREVIEW & COMMENTS: Shiloh, LLC is requesting a SUP to allow a residence in the front of the building at 915 Broadway. SEE STAFF REPORT FOR FURTHER INFORMATION. aL City Pl—V City ALto 'ey City Manager Date k 4j Date Date Planning & Zoning Commission Public Hearing Posting Date: S-7-1+ Public Hearing Date: 05/14/14 RECOMMENDED ACTION COMMENTS: CITIZENS COMMENTING AT MEETING: Favor Oppose Abstain ❑ ❑ ❑ ❑ ❑ lyd ❑ ❑ ❑ ❑ Abstain (Q` `` — C — (—) C='bpi- 3 19 _,'9— �1- f>t /% r, Randy Kluge Planning & Zoning Commission Secretary City Council Action Public Hearing Posting Date: Public Hearing Date: Ordinance Is' Reading rl — rl — 14— Ordinance 2"d & 3.d Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE # Effective Date: Favor Oppose Abstain Trae Bertrand a/ ❑ ❑ Ralph Maxton Larry Dowdy Chi ❑ ❑ Scott McClanahan Jeff Glenn L�' ❑ ❑ Doug Spooler Bill Hinckley LI, ❑ ❑ Tom Welch Randy Kluge C ❑ ❑ VOTE COUNT: b Favor o Oppose COMMENTS: CITIZENS COMMENTING AT MEETING: Favor Oppose Abstain ❑ ❑ ❑ ❑ ❑ lyd ❑ ❑ ❑ ❑ Abstain (Q` `` — C — (—) C='bpi- 3 19 _,'9— �1- f>t /% r, Randy Kluge Planning & Zoning Commission Secretary City Council Action Public Hearing Posting Date: Public Hearing Date: Ordinance Is' Reading rl — rl — 14— Ordinance 2"d & 3.d Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE # Effective Date: CITY 0/ CAPE GIR RDE U D C.!'[ . 10 P'A ['A T '.S�CR111CE5 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner DATE: May 14, 2014 SUBJECT: Special Use Permit — 915 Broadway An application has been submitted for a Special Use Permit at 915 Broadway. The property is zoned CBD (Central Business District) with the DCC Overlay (Downtown Commercial Corridor). The applicant is proposing to renovate the existing building and convert it into an office and an apartment. The DCC regulations require a Special Use Permit for a residential use in the front, street level of the building. The applicant has submitted drawings showing the proposed scope of work. The wall openings on the north and west sides of the building are proposed to be modified per the attached rendering. The entrance to the apartment will be on the west side of the building and will be screened with a wall. An awning is proposed to be added on the office side of the north elevation. On the apartment side, decorative beams are proposed. The window and door frames, as well as the awning and decorative beams, will be black painted metal. The applicant wishes to maintain the weathered brick finish as shown in the photo of the existing building. A brick patio/walkway and an integrated planter will be added as well. The paved parking area in the front yard is to be removed and replaced with new concrete. The existing gravel parking area in the side and rear yards will be maintained. A wood privacy fence was recently installed in the side and rear yards along the east and south property lines. The applicant is proposing a black chain link fence along the west property line (6 feet in height in the side and rear yards; 3 feet in height in the front yard). The Zoning Ordinance authorizes the City Council to grant Special Use Permits in accordance with Section 30-401. In order for a Special Use Permit to be granted, both the Planning and Zoning Commission and the City Council must consider and make findings of fact with regard to certain criteria. City staff has reviewed the criteria and made the following determinations: Criterion # 1: congestion. The proposed special use will not substantially increase traffic hazards or 401 Independence St Cape Girardeau, IVIO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org ME CITY 0' CAPE GIR RDE U M/ D C 112C. lCem P 1A I "A T �1 R111CE5 Finding: The proposed residence will generate a low traffic volume compared to the former auto sales business that occupied the property. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: A residential use does not inherently involve materials or processes that will increase fire hazards. Additionally, the redevelopment of the property will be in accordance with applicable City codes. Criterion #3: neighborhood. The proposed special use will not adversely affect the character of the Finding: The subject building is set back from the street and does not contain a storefront, making it appropriate for a residential use. The proximity of the building to the University and access to multiple modes of transportation are further indications that the proposed residence is appropriate at this location. It should be noted that the commercial appearance of the building will be maintained. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Findinq: The granting of the Special Use Permit to allow a residence in the building will not adversely affect the community, for the reasons stated herein. Criterion #5: The proposed special use will not overtax public utilities. Finding: The building is currently served by public utilities, and the proposed residence is not expected to exceed any capacities. Based on the above findings, City staff recommends approval of the Special Use Permit request with the following conditions: 1. The special use shall meet all applicable requirements of the Zoning Ordinance and the Development Code. 2. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 3. Major modifications to the special use shall require the approval of the City Council. 4. This permit is not transferable without the consent of the City Council. 401 Independence St Cape Girardeau, IVIO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY 0� CAPE GIR RDEAU D 10 P'A ['A T '.5'CR111CE5 STAFF REPORT ADDENDUM TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner DATE: June 11, 2014 SUBJECT: Special Use Permit — 915 Broadway The applicant has submitted a revised site plan. Variances are shown for the width of the street landscaping strip (10' minimum is required; 7 ' i111,S proposed) and for the percentage of overall site landscaping (15% minimum is required; 10% is proposed). City staff supports both variances because the existing development has no landscaping, and the site constraints limit where landscaping can be added. Based on the above findings, City staff recommends approval of the Special Use Permit request with the following conditions: 1. The special use shall meet all applicable requirements of the Zoning Ordinance and the Development Code except for the variances approved as a part of this permit. 2. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 3. Major modifications to the special use shall require the approval of the City Council. 4. This permit is not transferable without the consent of the City Council. 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 937 CBD0 CBD o 37 937 FCBD [CBD 915 Broadway Special Use Permit Request Special Use Permit requestedto allow a residential use in the front of a building in the CBD -DCC District. Current Zoning District: CBD (Central Businessl) District with the DCC (Downtown Commercial Corridor) Overlay District Future Land Use Recommendation: Downtown Commercial �4 CBD t 915 ld� � k CBD D920 N Now� w E S 0 20 40 80 Feet 910 City of Cape Girardeau Division of Planning Services GIS Data May 1, 2014 CBD 907 0 0 04 CBD saw 905 0 123 0 Legend = 915 Broadway � Parcels Zoning District C1 �J CBD R3 S'7: REZONING / SPECIAL USE PERMIT APPLICATION CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 ter` Property Address/Location V15 WAM140 Applicant (including Contact Name) Property Owner of Record (if other than Applicant) %LoLo oy(_c ICY ('Rur-tED Mailing Address City, State, Zip Mailing Address City, State, Zip ho of 15 c F CJ_ G3 1o� Telephone ri0 Emai Telephonehone Email jWNSvI'A0e �y�.cu0A Type of Request: Rezoning, Special Use Permit, or Both (Attach additional owners information if necessary) S 06L USE Existing Zoning District Proposed Zoning District (Rezoning requests only) Cg1 Legal description of property to be rezoned and/or upon which the special use is to be conducted �af 0.0 �� 5��6�1 5'U19III0, 'J LI Q E 6w I Ir t. Clfi/ 0� Cir cj�r(JtM+ 11Mlss"rl r S 74ti^=?12) OF S -LOAN'S SIISDFVISAN OF OUTLOTS (�ULYi rs 'WJ._.AN: 9INTHE CITY OFCAPE GIRARDEAU,MISSOURI, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12 ON THE SteT7';" s '�'E OF BROADWAY STREET, AND RUN SOUTH, WITHLOTS11 * '=2 CF SLOAVS SVSDFgSION 95.7 FEET, THENCE WEST, 84.5 uE * Rig 1,:6 FEET TO THE SOUTH LINE OF BROAC'WAY E ,=NO EA,S HARM -Y IJTH THE SOUTH LINE OF .5 F= q, MORE OR LESS, TO PLACE OF Describe the proposed use of the property Cv�,{,� (,�00, (,b AIpG.rtrrLr� �� � uteri as S{ti�Llo �iJi��SG 1 � � I ti �y hEti Si�z I I Z'Akh r), c yG't( A`^� wl't� �Y6r�� iµ. Yt(,r o( �01 (foij� 4 W3 is i'var 41 Skjiul, � 11a OAA Application continues on next page OFFICE USE ONLY Date Received By Planning & Zoning Commission Recommendation City Council Final Action Date Date File Number f'?n Revised 8/8/2012 h PROPERTIES PO Box 75 - Cape Girardeau, MO 63702 . 573-335-0500 Adjoining Property Owners Date: April 22, 2014 Proiect: Shiloh, LLC --915 Broadway Cape Girardeau MO 63701 North Side: Southeast Missouri State University }J`i N f I f'}y South Side: 910 Themis -- owner Justin Denton 920 Themis -- owner John Eck mailing address 1004 Themis East Side: 909 Broadway & bldgs to corner of N Pacific/Broadway -- owner Justsin Denton West Side: 937 Broadway -- Cape Girardeau Medical Arts Co-- owner John Sauer Thank you -- ay eysted iloh LLC www.shilohsemo.com v 0 0 0 EM ° 41'45" E, 7.1 o EXISTING STRUCTURE � BUILDING Z.. END _OF`F,�VEMENT Ila Plan U118 " /8" = 1'-0" SHILOH OFFICE WARD ARCHITECTURE LLC 573) 200-6850 WARDARCHITECT.COM Preservahon / Resrorahon / Adaphve 3-18-11 Sec. 30-355. — DCC, downtown commercial corridor overlay district. (a) (b) (c) Purpose. This overlay district is designed to preserve the commerical integrity of major corridors in the downtown area. While this district permits residential uses on upper floors of buildings, or in the rear areas of the street level of buildings, commercial and retail uses on the street level storefronts promote the commercial integrity of these major corridors. Permitted uses. (1) Residential uses, on upper floors and rear of the street level of buildings only. Special uses. (1) First floor residential street frontage may be permitted in new construction and redevelopment projects. (Ord. No. 4109, art. Z 31-10) Page 1of1 Sec. 30-401. - Special use permits. (a) (b) Purpose. Subject to the provisions of this section, the city council may by ordinance on its own motion or on application grant a special use permit for the special uses specifically identified in each zoning district from which the uses are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of conserving and protecting property and property values in the neighborhood. Application for special use permit. Applications for special use permits shall be made and processed in the same manner as provided in section 30-206 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a. Substantially increase traffic hazards or congestion, b. (3) Substantially increase fire hazards, Adversely affect the character of the neighborhood, Adversely affect the general welfare of the community, and Overtax public utilities. If the council's finding is negative as to all the subject referred to in this section, the application may be granted, if affirmative as to any subject, then such special use permit shall be denied. Any proposed special use shall otherwise comply with all the regulations set forth in this capter for the district in which such use is located. (Ord. No. 4109, art. 2, 3-1-10) Staff: Bruce Taylor, Deputy City Clerk Agenda: 7/7/2014 SUBJECT Approval of the June 16, 2014, City Council regular session meeting minutes. ATTACHMENTS: Name: ❑ Minutes 2014 6 16 Meeting(118)pdf Description: June 16, 2014 Regular Session Council Minutes REGULAR SESSION— June 16, 2014 INVOCATION Pastor Sam Bailey, Restoration Assembly of God Church of Cape Girardeau PLEDGE OF ALLEGIANCE CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, June 16, 2014, at 7:00 p.m. with Mayor Harry Rediger presiding and Council Members Wayne Bowen, Patrick Koetting, Shelly Moore, Loretta Schneider, and Joseph Uzoaru present. Mark Lanzotti was absent. ADOPTION OF THE AGENDA A Motion was made by Loretta Schneider, Seconded by Patrick Koetting to approve and adopt. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. PRESENTATIONS Mayor Rediger presented a Statement of Support for the Guard and Reserve. Matt Jenkins, Area Chair for the Employer Support of the Guard and Reserve (ESGR) was present to receive the Statement of Support. Mayor Rediger presented a Proclamation that June 2014 shall be Parks and Recreation Month. Representatives from the City of Cape Girardeau Parks and Recreation Department, Missouri Department of Conservation Nature Center, Parks and Recreation Advisory Board, recreation teams, and mascot, P1ayMo, were present to accept the Proclamation. COMMUNICATIONS/REPORTS Mayor Harry Rediger announced that the Community Band premier is Wednesday, June 18, 2014, after being postponed due to weather. He reported that he will be conducting one of the pieces. Also, Dr. Dan Cotner will be celebrating his 75th year in the Community Band. Mayor Rediger attended the dedication of the new Walkway of Honor in the Rose Garden at Capaha Park near Perry Avenue. Mayor Rediger announced that the Missouri Department of Conversation is hosting an Asian Carp Fish Fry at the Chamber of Commerce After Hours event at the Bel Air on June 17, 2014, from 5:00 p.m. -8:00 p.m. City Manager Scott Meyer mentioned as a reminder that a Council Planning Session is scheduled for June 26, 2014, 6:00 p.m., at the Council Chambers. APPEARANCES No appearances. CONSENT AGENDA Approval of the June 2, 2014, City Council regular and closed sessions meeting minutes. BILL NO. 14-81, an Ordinance adopting the annual operating budget for the City of Cape Girardeau, Missouri, for the fiscal year beginning July 1, 2014. Second and Third Readings. BILL NO. 14-82, an Ordinance appropriating additional monies for operating expenditures from the Convention and Tourism Fund for the fiscal year ending June 30, 2014, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-85, an Ordinance accepting a General Warranty Deed from Carlos Ratliff and Emmagene Ratliff for property located at 1800 Perryville Road. Second and Third Readings. BILL NO. 14-86, an Ordinance authorizing the City Manager to execute a contract with the Cape Girardeau County Transit Authority to provide fixed route bus service for the City of Cape Girardeau during the fiscal year ending June 30, 2015. Second and Third Readings. BILL NO. 14-88, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at Silver Springs Road and Pioneer Drive, in the City and County of Cape Girardeau, Missouri, from R-1 and RMH to C-2. Second and Third Readings. BILL NO. 14-89, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of 1668 Helmsdale Drive, in the City and County of Cape Girardeau, Missouri, from R-1 to R-2. Second and Third Readings. BILL NO. 14-90, an Ordinance accepting Permanent Drainage Easements and Temporary Construction Easements from various property owners, for the Melrose Drainage Improvement Project, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-92, a Resolution authorizing the City Manager to execute a Housing Agreement with the Humane Society of Southeast Missouri, in the City of Cape Girardeau, Missouri. Reading and Passage. BILL NO 14-99, a Resolution authorizing the City Manager to submit a Grant Application to the Delta Regional Authority to assist with funding improvements in the City's new Business Park, and to execute all necessary grant documents. Reading and Passage. BILL NO. 14-81 will be Ordinance 4587; BILL NO. 14-82 will be Ordinance 4588; BILL NO. 14-85 will be Ordinance 4589; BILL NO. 14-86 will be Ordinance 4590; BILL NO. 14-88 will be Ordinance 4591; BILL NO. 14-89 will be Ordinance 4592; BILL NO. 14-90 will be Ordinance 4593; BILL NO. 14-92 will be Resolution 2823; BILL NO. 14-99 will be Resolution 2824. A Motion was made by Wayne Bowen, Seconded by Patrick Koetting to approve. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. NEW ORDINANCES BILL NO. 14-94, an Ordinance approving the record plat of A Re -subdivision of McLane Outlot No. 1. First Reading. A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to approve. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. BILL NO. 14-95, an Ordinance approving the record plat of Resubdivision of Lots 1-8 of Baldwin Place Phase I. First Reading. A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to approve. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. BILL NO. 14-96, an Ordinance approving the record plat of Greater Cape Girardeau Business Park. First Reading. A Motion was made by Wayne Bowen, Seconded by Patrick Koetting to approve. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. BILL NO. 14-97, an Ordinance approving the record plat of Gaither Subdivision. First Reading. A Motion was made by Joseph Uzoaru, Seconded by Patrick Koetting to approve. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. BILL NO. 14-98, an Ordinance appropriating funds for operating expenditures, capital expenditures and transfers for the fiscal year ending June 30, 2014, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Loretta Schneider, Seconded by Wayne Bowen to approve. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. BILL NO. 14-100, an Ordinance approving the record plat of Resubdivision of Lot 7 of Cape West Seventh Subdivision. First Reading. A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to approve. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. APPOINTMENTS Appointments to the Public Library Board of Directors Mr. John Gowan, Ms. Sheryl Smith and Ms. Amy Trueblood were reappointed by the Mayor for terms expiring June 30, 2017. A Motion was made by Joseph Uzoaru, Seconded by Loretta Schneider to appoint. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. MEETING ADJOURNMENT There being no further business, the meeting was ended at 7:21 p.m. A Motion was made by Loretta Schneider, Seconded by Wayne Bowen to adjourn. Motion passed. 6-0. Aye: Bowen, Koetting, Moore, Rediger, Schneider, Uzoaru. Absent: Lanzotti. Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Staff: Ryan Shrimplin, AICP - City Agenda: Planner 7/7/2014 SUBJECT An Ordinance approving the record plat of A Re -subdivision of McLane Outlot No. 1. EXECUTIVE SUMMARY The attached ordinance approves the record plat of A Re -subdivision of McLane Outlot No. 1. BACKGROUND/DISCUSSION A record plat has been submitted for A Re -subdivision of McLane Outlot No. 1, located at the southwest corner of William Street (Missouri State Route K) and South Broadview Street. The subdivision is zoned C-2 (Highway Commercial). The plat reconfigures two lots to accommodate a proposed expansion of First State Community Bank, which will require the south lot line of Lot No. 1 to be moved. As part of the expansion, the existing 10' utility easement across Lot No. 1 is to be reconfigured due to the relocation of a water main. The plat shows a portion of the existing easement to be eliminated. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its June 11, 2014 regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Resub McLane Outlot 1 Plat.doc ❑ Staff Review -Referral -Action Form.pdf ❑ Map - McLane Outlot No 1.pdf ❑ Application - McLane _Outlot _No. 1 Resub..pdf ❑ 35396update _6-2-14-RECORD_PLAT(24X24).pdf Description: McLane Outlot 1 Plat Ord Resub McLane Outlot 1 - Staff RRA Form Resub McLane Outlot 1 - Map Resub McLane Outlot 1 - Application Resub McLane Outlot 1 - Record Plat BILL NO. 14-94 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF A RE -SUBDIVISION OF MCLANE OUTLOT NO. 1 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI. AS FOLLOWS: ARTICLE 1. The record plat of a Re -Subdivision of McLane Outlot No. 1, a subdivision being part of Lot 1 of McLane Outlot No. 1 of Westborough Subdivision, being that part of United States Private Survey No. 2199, Township 30 North, Range 13 East, of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by First State Community Bank, Sandy McLane Donley and David J. Donley, bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated June 11, 2014, 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application LOCATION: William Street/Broadview St. A record plat has been submitted to reconfigure a lot at the comer of William Street and Broadview Street. SEE STAFF REPORT FOR MORE DETAILS. City 1`1e`r Date City AAorn�, y/ Date CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: City Manager RECOMMENDED A CTION.- Cn AJUP NTS - .CITIZENS COMMENTING AT MEETING: Air Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Date Favor Oppose Abstain Favor Oppose Abstain Trae Bertrand Lj/ L3 Ll Larry Dowdy � L) L) Jeff Glenn � Lj 7-/ ❑ Lj Bill Hinckley J L) Randy Kluge 0 J J VOTE COUNT:Favor '3 Cn AJUP NTS - .CITIZENS COMMENTING AT MEETING: Air Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Date Favor Oppose Abstain City Council Action Ordinance I" Reading. L Ordinance 2'd & 3 rd Reading: ORDINANCE # Effective Date: Ll J u D Abstain City Council Action Ordinance I" Reading. L Ordinance 2'd & 3 rd Reading: ORDINANCE # Effective Date: Resubdivision of McLane Outlot No. 1 r,T. 2532 137 01"W `�• � � 2530 2524 2520 2510 2504 w .2502 � C/) 250 T � CD • '� 0 1 Rhe r �►� � m f William St ,a�, 40 _r- N W E S 1 inch = 91 Dee City of Cape Girardeau Division of Planning Services w=. GIS Data May 29, 2014 Wr , I r 6 1 -� J;� I "rr WW Legend - } 1 1:3 Resub. of McLane Outlot No. 1 .209 Parcels y � � �I �s. L• ?r • • WW Legend - } 1 1:3 Resub. of McLane Outlot No. 1 .209 Parcels y � � SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of SOdivisi n Type of Plat (Preliminary, Record, Boundary Adjustment) A Re -Subdivision of McClane Outlot #1 Record Plat Applicant Property Owner of Record (if other than Applicant) First State Community Bank Mailing Address City, State, Zip Mailing Address City, State, Zip 2527 William Street Cape Girardeau/MO/63703 Telephone Email Telephone Email (573) 339 - 0303 hholyfield@fscb.com Contact Person (If Applicant is a Business or Organization) (Attach additional owners information if necessary) Henry (Butch) Holyfield Jr. Professional Engineer/ Surveyor Developer Koehler Engineering & Land Surveying, Inc. First State Community Bank ....................................................................................................................................... Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 2527 William Street Cape Girardeau/MO/63703 ........................................................................................ Telephone Email Telephone Email (573) 335-3026 ckoehler@koehlerengineering.com (573) 979-5301 hholyfield@fscb.com ADDITIONAL ITEMS In addition to this application, the following items must be submitted: [71Review Fee (payable to City of Cape Girardeau) REQUIRED Single -Family and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) [71 Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) ✓ Four (4) full size copies of the plat (Record Plat only) ✓ One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. A Ah Applicant Signaturfl Date ,1 it t OFFICE USE ONLY Date Received i 14 By File Number Planning & Zoning Commission Recommendation City Council Final Action Date Date Revised 6/18/2012 RECORD PLAT OF A RE -SUBDIVISION C3F MCLANE OUTLOT NO. 1 NOTES LOT SIZES NO. OF LOTS = 2 LARGEST LOT= LOT NO. 2 AT 5.88 ACRES SMALLEST LOT = LOT NO. 1 AT 2.13 ACRES TOTAL SUBDIVISION AREA: 348,736 SQ. FT. (8.01 ACRES) ZONING NOTE & SETBACKS All lots are currently zoned C-2, Highway Commercial District Front Yard = 25 feet Side Yard = 25 feet abutting Residential District, otherwise no Side Yard restrictions. Rear Yard = 25 feet abutting Residential District, otherwise no Rear Yard restrictions FLOODPLAIN NOTE This is to certify that I have examined the F.I.R. M. maps on file in the office of the Cape Girardeau County Highway Department in Cape Giradeau, Missouri, and have determined that the tract shown hereon is not within the floodplain as determined on community panel no. 29031C 0266 E with an effective date of September 29, 2011. OWNERS AND DEVELOPERS OF SUBDIVISION AND PLAT PREPARED FOR: President Henry Holyfield Jr. DOC # 04-06075 2527 William Street Cape Girardeau, MO 63703 Ph: (573) 339-0303 David J. Donley & Sandy McLane Donley Deed Book 891, Page 092 201 South Broadview Street Cape Girardeau, MO 63703 Ph: (573) 332-0335 PLAT PREPARED BYAND ENGINEERING AND LAND SURVEYING SERVICES PROVIDED BY. KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335-3026 EASEMENT NOTE Minimum 10' Wide Sewer and Utility Easement along the front line of subdivision unless otherwise specified otherwise. LEGE 0 = FOUND IRON ROD pp = FOUND IRON PIPE ■ = RIGHT OF WAY MARKER O = SET IRON ROD (M) = MEASURED (R) = RECORDED - = CENTERLINE - - = ADJACENT PROPERTY LINE - - = RIGHT OF WAY LINE >I = BOUNDARY LINE 52"W = UTILITY EASEMENT - = SETBACK LINE - = ORIGINAL LOT LINE I I m m = EASEMENT TO BE ELIMINATED 1/2" IRON RODS SET AT ALL CORNERS UNLESS OTHERWISE NOTED PART OF LOT I OF MCLANE OUTLOT NO. I OF WESTBOROUGH SUBDIVISION, BEING THAT PART OF UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI POINT OF BEGINNING NORTHWEST CORNER OF LOT 1 WESTRBOROUGH SUBDIVISION DI AT DnnV 1d - DACC A9 Jyv r• -- = NS 7'52"E 155.27_- --- ----- �--- L4 I � MISSOURI STS_ OUB (AKA WILLIAM STREET) EXISTING 5 UTILITY (R/)N \JAR IES � 1 $8310'133w - �25' FRONT SETBACK I= _L2 _ NEW 5' UTILITY EASEMENT N/F 47.94' N O O W E S NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM GRID NORTH 1 � S¢1 �7j 11 FIRST STATE COMMUNITY BANK P=1237.00' L=47.43' I 03 DOC # 04-06075 CH: 58'18'32°E, 47.42' � ORIGINAL SOUTH &WEST LOT NO. 1 LOT NO. 1 _ n I LINES OF LOT NO. 1 2.13 ACRES +/ _ D I I 471.25 _ ` y z�-/ -, -By- _ 496.25 V I _ _ _ N85'19'01"E 4 - "' 585'19'01"W 450.00' EXISTING 10• UTILITY Ef+SEMENTIMINATED BY THIS_ PLAT - NEW 15, UTILITY EASEMENT a S EASEMENT 8 30' WiDE INGRESS-EGRES NEW LOT N85'1901E 496.27 EW 1O' UTIUTY EASEMENT y 10' Na6500' I � WESTBOROUGH SUBDIVISION MCLANE OUTLOT NO. 1 N/F DAVID J. DONLEY & SANDY MCLANE DONLEY 10' EXISTING SANITARY EASEMENT - PLAT BK. 22 - PG. 13 DEED BK. 891 PG. 092 LOT NO. 2 II I I E _140.00'I -I EXISTING 10' SANITARY SEWER EASEMENT - BK.221 - PG.211 I I I I I I I I I I I I AR SETBACK I I II LINE TABLE ❑ LINE # DIRECTION DEED BK. 401 PG. 991 LENGTH I o 27' 52"W I I� 'I 32' 08"E 22.00' L3 >I I I I 52"W ❑3 �� I I N04' o 08"W I I m m L5 SO4' �X ul 05"E 8.28' L6 S83' 54' 43"W 4.45' � I m aI I N m m � I II I � � 4 II I � I I I III N84'54' �_T I o I I ❑5 I ��� I NIII I I 75.00 - 25' © III I t I 8 30' WiDE INGRESS-EGRES NEW LOT N85'1901E 496.27 EW 1O' UTIUTY EASEMENT y 10' Na6500' I � WESTBOROUGH SUBDIVISION MCLANE OUTLOT NO. 1 N/F DAVID J. DONLEY & SANDY MCLANE DONLEY 10' EXISTING SANITARY EASEMENT - PLAT BK. 22 - PG. 13 DEED BK. 891 PG. 092 LOT NO. 2 II I I E _140.00'I -I EXISTING 10' SANITARY SEWER EASEMENT - BK.221 - PG.211 I I I I I I I I I I I I AR SETBACK I I II LOT NO. 2 5.88 ACRES + - � v i56 I Nirn \ CP_ 1 \1 \ m N r � �10 \ p N O \ r \ 25' FRONT SETBACK \ LXLW omve BK. 480 PG. 20 EXISTING RECIPBROC48LOEASEM5NT AGREEMENT LINE TABLE ❑ LINE # DIRECTION DEED BK. 401 PG. 991 LENGTH L1 S85" 27' 52"W 27.00' L2 SO4" 32' 08"E 22.00' L3 S85° 27' 52"W 24.00' L4 N04' 32 08"W 7.00' L5 SO4' 32' 05"E 8.28' L6 S83' 54' 43"W 4.45' LOT NO. 2 5.88 ACRES + - � v i56 I Nirn \ CP_ 1 \1 \ m N r � �10 \ p N O \ r \ 25' FRONT SETBACK \ LXLW omve BK. 480 PG. 20 EXISTING RECIPBROC48LOEASEM5NT AGREEMENT GRAPHIC SCALE 1 inch = 80 ft SUBDIVISION DEDICATION WE THE UNDERSIGNED FIRST STATE COMMUNITY BANK, AND DAVID J. DONLEY AND SANDY MCLANE DONLEY, OWNERS IN FEE OF PART LOT 1 OF MCLANE OULTLOT NO. 1 OF WESTBOROUGH SUBDIVISION BEING THAT PART OF UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northwest corner of Lot 1 of Westborough Subdivision and the point of beginning; thence SO4'39'51"E 494.10 feet; thence N85'19'35"E 773.96 feet to the West right of way line of Broadview Street; thence along said line N25'13'14"W 55.76 feet; thence along the arc of a curve to the right with a radius of 1237.00 feet a length of 388.83 feet (Chord of N16'12'56"W for a distance of 387.24 feet); thence N56'00'18"W 116.41 feet to a point on the South right of way line of William Street; thence with said line S83'54'43"W 47.94 feet; thence S83'10'13"W 258.90 feet; thence S85'27'52"W 279.30 feet to the point of beginning and containing 8.01 acres, more or less, do hereby cause said land to be subdivided into lots as shown on this plat, and do hereby establish easements as shown on this plat, and do hereby dedicate the set out easements to the public use forever. IN WITNESS WHEREOF, I hereunto set my hand this _____ day of _________, A.D., 20__. FIRST STATE COMMUNITY BANK HENRY HOLYFIELD JR., PRESIDENT SANDY MCLANE DONLEY DAVID J. DONLEY STATE OF MISSOURI ) ss COUNTY OF CAPE GIRARDEAU ) On this _ ___ doof _ _ ____ _ ___ A.D. 20 before me a Notary _ __ y y Public for said County and State, personally appeared Henry Holyfield Jr., who, being by me duly sworn, did say that he is the President of First State Community Bank, and that he is authorized to execute the foregoing instrument on behalf of said Bank, and that he executed said instrument as the free act and deed of said Bank. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of ______________- A.D. 20 - My term expires ___________ Notary Public On this ___ ___ day of ----------------- A.D. 20_, before me a Notary Public for said County and State, personally appeared David J. Donley, who is authorized to execute the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ---- day of --------------- A.D. 20_. My term expires ---- Public ------------------ Notary Public On this _ ___ day of --------------- A.D. 20_, before me a Notary Public for said County and State, personally appeared Sandy McLane Donley, who is authorized to execute the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ---- day of --------------- A.D. 20_. My term expires ___________. Notary Public I, Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, hereby declare the existing easement to be eliminated as shown on this plat. Scott A. Meyer, City Manager City of Cape Girardeau, Missouri y STATE OF MISSOURI ) ss Rro>COUNTY OF CAPE GIRARDEAU61. ) On this __ day of ____ ____, A.D. 20_, before me a notary public for said s county and state, personally appeared Scott A. Meyer, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, and that he is authorized to execute the foregoing instrument on behalf of said City, and that he executed said instrument as the free act and deed of said City. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this __day of _________- A.D. 20_. My term expires _________. Notary Public I, City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. passed and approved this ____ day of -------------' A.D., 20__. City Clerk Filed for record in the office of the County Recorder of Cape Girardeau County, Missouri, in Document No. at Jackson, Missouri, on the ____ day of -----------' A.D., 20__. Scott R. Clark, County Recorder THIS SURVEY OF A TRACT OF SUBURBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. ADJACENT PARCEL INFORMATION ❑ = N/F KAREN ERVIN DEED BK. 401 PG. 991 ❑2 = N/F MICHAEL UHRHAN DOC # 2007-01064 ❑3 = N/F ROBERT & PAULA TIBBS DOC # 2006-16346 ® = N/F HARING TRUST DEED BK. 1053 PG. 352 N/F OTHA & MARJORIE WINGO DEED BK. 234 PG. 403 © = N/F MARY DONAHUE DOC # 2008-00930 N/F DAVID J. DONLEY & SANDY MCLANE DONLEY DEED BK. 891 PG. 092 GRAPHIC SCALE 1 inch = 80 ft SUBDIVISION DEDICATION WE THE UNDERSIGNED FIRST STATE COMMUNITY BANK, AND DAVID J. DONLEY AND SANDY MCLANE DONLEY, OWNERS IN FEE OF PART LOT 1 OF MCLANE OULTLOT NO. 1 OF WESTBOROUGH SUBDIVISION BEING THAT PART OF UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northwest corner of Lot 1 of Westborough Subdivision and the point of beginning; thence SO4'39'51"E 494.10 feet; thence N85'19'35"E 773.96 feet to the West right of way line of Broadview Street; thence along said line N25'13'14"W 55.76 feet; thence along the arc of a curve to the right with a radius of 1237.00 feet a length of 388.83 feet (Chord of N16'12'56"W for a distance of 387.24 feet); thence N56'00'18"W 116.41 feet to a point on the South right of way line of William Street; thence with said line S83'54'43"W 47.94 feet; thence S83'10'13"W 258.90 feet; thence S85'27'52"W 279.30 feet to the point of beginning and containing 8.01 acres, more or less, do hereby cause said land to be subdivided into lots as shown on this plat, and do hereby establish easements as shown on this plat, and do hereby dedicate the set out easements to the public use forever. IN WITNESS WHEREOF, I hereunto set my hand this _____ day of _________, A.D., 20__. FIRST STATE COMMUNITY BANK HENRY HOLYFIELD JR., PRESIDENT SANDY MCLANE DONLEY DAVID J. DONLEY STATE OF MISSOURI ) ss COUNTY OF CAPE GIRARDEAU ) On this _ ___ doof _ _ ____ _ ___ A.D. 20 before me a Notary _ __ y y Public for said County and State, personally appeared Henry Holyfield Jr., who, being by me duly sworn, did say that he is the President of First State Community Bank, and that he is authorized to execute the foregoing instrument on behalf of said Bank, and that he executed said instrument as the free act and deed of said Bank. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of ______________- A.D. 20 - My term expires ___________ Notary Public On this ___ ___ day of ----------------- A.D. 20_, before me a Notary Public for said County and State, personally appeared David J. Donley, who is authorized to execute the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ---- day of --------------- A.D. 20_. My term expires ---- Public ------------------ Notary Public On this _ ___ day of --------------- A.D. 20_, before me a Notary Public for said County and State, personally appeared Sandy McLane Donley, who is authorized to execute the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ---- day of --------------- A.D. 20_. My term expires ___________. Notary Public I, Scott A. Meyer, City Manager of the City of Cape Girardeau, Missouri, hereby declare the existing easement to be eliminated as shown on this plat. Scott A. Meyer, City Manager City of Cape Girardeau, Missouri y STATE OF MISSOURI ) ss Rro>COUNTY OF CAPE GIRARDEAU61. ) On this __ day of ____ ____, A.D. 20_, before me a notary public for said s county and state, personally appeared Scott A. Meyer, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, and that he is authorized to execute the foregoing instrument on behalf of said City, and that he executed said instrument as the free act and deed of said City. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this __day of _________- A.D. 20_. My term expires _________. Notary Public I, City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. passed and approved this ____ day of -------------' A.D., 20__. City Clerk Filed for record in the office of the County Recorder of Cape Girardeau County, Missouri, in Document No. at Jackson, Missouri, on the ____ day of -----------' A.D., 20__. Scott R. Clark, County Recorder THIS SURVEY OF A TRACT OF SUBURBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. Staff: Ryan Shrimplin, AICP - City Agenda: Planner 7/7/2014 SUBJECT An Ordinance approving the record plat of Resubdivision of Lots 1-8 of Baldwin Place Phase I. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Resubdivision of Lots 1-8 of Baldwin Place Phase I. BACKGROUND/DISCUSSION A record plat has been submitted for Resubdivision of Lots 1-8 of Baldwin Place Phase I, located on Winterfield Circle and Baldwin Drive. The subdivision is zoned R-3 (High Density Single -Family Residential). The plat changes the building setbacks to address existing conditions. A variance is shown for the front yard building setback (10' proposed vs. 20' required). City staff supports the variance because it will result in a uniform front yard building setback for all of the lots on Winterfield Circle. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its June 11, 2014 regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Resub Lots 1-8 Baldwin Place.doc ❑ Staff Review -Referral -Action Form.W ❑ Map - Baldwin Place - Phase I - Resub Lots 1-8.pdf ❑ Application - Resub. _Lots _1-8 of Baldwin_ Place_ Phasel.pdf ❑ Record Plat (Revised_6-314).pdf Description: Baldwin Place Resub Ord Resub Lots 1-8 Baldwin Place Phase I - Staff RRA Form Resub Lots 1-8 Baldwin Place Phase I - Map Resub Lots 1-8 Baldwin Place Phase I - Application Resub Lots 1-8 Baldwin Place Phase I- Record Plat BILL NO. 14-95 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF RESUBDIVISION OF LOTS 1 - 8 OF BALDWIN PLACE PHASE I BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Resubdivision of Lots 1 - 8 of Baldwin Place Phase I, a subdivision being part of United States Private Survey No. 790, Township 31 North, Range 13 East, of the Fifth Principal Meridian, in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, submitted by Rodney G. Arnold, Pamela D. Arnold, Mark A. McMullin, Daniela C. McMullin, Premiere Investments, LLC, Baldwin Investors, LLC, Jacob C. Schnurbusch, Bruce L. Schnurbusch, Deborah M. Schnurbusch, Mark S. Van Matre, and Kimberly K. Van Matre bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated June 9, 2014, including all variances contained therein, 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Resubdivision of Lots 1-8 of Baldwin Place Phase I LOCATION: Winterfield Circle STAFF REVIEW& COMMENTS: A record plat has been submitted to reconfigure eight (8) lots in the Baldwin Place Phase I Subdivision on Winterfield Circle. SEE STAFF REPORT FOR MORE DETAILS. CITY1MX1"E REFERRAL TO THE PLANNING AND ZONING COMMISSION: City Manager RECOMMENDED ACTION: Favor Oppose Abstain Trae Bertrand E. J(' j J Larry Dowdy F1 Ll Jeff Glenn L) L) Bill Hinckley Ll J Randy Kluge L3 Lj VOTE COUNT: Favor Cn UAJFATT,� - CITIZENS COMMENTING AT MEETING:, Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose Date Favor Oppose Abstain J Ll Ll Q L] Abstain Randy Kluge Planning & Zoning Commission Secretary Ordinance I" Reading_ L Ordinance 2 nd & 3 rd Reading: ORDINANCE # Effective Date-, Resubdivision of Lots 1-8 of Baldwin Place Phase I SUBDIVISION PLAT APPLICATION CITY"APO' Of x� DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat (Preliminary, Record, Boundary Adjustment) Resubdivision of Lots 1-8 of Baldwin Place Phase 1 Record Plat Applicant Property Owner of Record (if other than Applicant) Meyr Properties LP Mailing Address City, State, Zip Mailing Address City, State, Zip 966 County Road 616 Jackson/MO/63755 Telephone Email Telephone Email (573) 225-9901 Contact Person (If Applicant is a Business or Organization) (Attach additional owners information if necessary) Ryland "Dutch" Meyr., General Partner Professional Engineer/ Surveyor Developer Koehler Engineering & Land Surveying, Inc. .. _.................. ............................................ .................... ..................... .............. .... ............................................................................ .............. ........... Meyr Properties LP .................. .................... Mailing Address City, State, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 966 County Road 616 Jackson/MO/63755 ..................................................................................... ............................... Telephone Email Telephone Email (573) 335-3026 tgramling@koehlerengineering.com (573) 225-9901 ADDITIONAL ITEMS In addition to this application, the following items must be submitted: �✓ Review Fee (payable to City of Cape Girardeau) REQUIREDReview and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) Fv� Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue apartial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) ✓ Four (4) full size copies of the plat (Record Plat only) ✓ One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. a r ppIic nt ' nature Date OFFICE USE ONLY Date Received By Planning & Zoning Commission Recommendation City Council Final Action Date Date File Number Revised 6/18/2012 POINT OF BEGIN NW CORNER BALDWIN PLACE P DOC. NO. 2011-0 NOW OR FORMERLY MEYR PROPERTIES LP DOCUMENT NO. W07-00814 DOCUMENT NO. 2005-03069 EXISTING 20' SANITARY SEWER EASEMENT RECORD PLAT OF RESUBDIVISION OF LOTS 1 - 8 C3F BALDWIN PLACE PHASE I PART OF UNITED STATES PRIVATE SURVEY NO. 790, TOWNSHIP 31 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF CAPE GIRARDEAU, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. I ' I I I I I N I N G NOW OR FORMERLY OF I FRUITLAND LIVESTOCK MARKET, INC. HASE I I DOCUMENT NO. 2005-04891 5418 irI I to 130.03'- - i\ W84*571440`WI r - - _ - - - - - -I r- _ - - 105.00' _ 46.3•.' 20' REAR SETBACKS W --- - - - - -� i----- 1 r---- 105.00(TYPICAL) IL _> _ _ r 20' REAR SETBACK i � _---� L----___ _ __ 123.32' _--_ Q I� II II - - - - - -- - -_- �F LOT #4 o FS Z 18,712 SQ. FT. N f o l 0 01 N 0.43 AC o LOT #3 r' l o F-- O 3 U, 12,759 SQ. FT. o l N 0.29 AC =oma LOT #2 W - m ¢ I 0 N 13,650 SQ. FT. LOT #1 owl • I 0 J 0.31 AC l 0 16,026 SQ. FT. 10' SEWER, UTILITY & J L o 0.37 AC ^ Q DRAINAGE EASEMENT i = F4 m C10' SIDE SETBACK) , / C8 \ I I - - - i l 10' SEWER & Z C - J - UTILITY EASEMENT 9 - L3 ----- I �� 3 86.82' i S84'ST40°E 105.00 - - - - - - _ - `- S84'5T40"E 102.62' N84 57 q°°w - _-WINTERFIEL_D CIRCLE _ p FRONT SETBACRT- - 507 R_ /W (TYPICAL) _ L. V 06\ G� L2 -j , _ 30' SEWER, UTILITY & \ ! / - - - -� ,- - S84°5740"E 110.00' DRAINAGE EASEMENT"E S84°57'40 701.79' `r (30' SIDE SETBACK) _ a LOT #5 18,621 SQ. FT. 0.43 AC o: y ¢ N LOT#6 4, 1 k3'¢ULOT #7 >c N zxcl C14I ~i- 20' REAR SETBACK . 12,663 SQFT. b y w ¢ ^ ¢ -"' 0.29 Q. �, �-- 13,750 SQ. FT. m ¢ LOT #13 '� m ►7 0.32 AC ,� N 15,489 SQ. FT. N vwi �- -__ 0.36 AC � �_-- _ ----__ M • 140.03' - - -� L - _ - - - -{ I- - _ - - _ _- - L - - - 20' REAR SETBACK 170.- J � --- -(TYPICAL)00' - 110.00' S841570407 486.14 S I CO 126.11' - - - - Z LOT 11 PALPWIN PLACE PHASE I I LOT II I I PALDWIN PLACE PHASE I LOT 10 NOW OR FORMERLY PA-DWIN PLALE PHASE I I LOT 9 I I FRUITLANP LIVESTOCK NOW OR FORMERLY I PALPWIN PLACE PHASE I MARKET, INC. J5 RENTAL I NOW OR FORMERLY PRGPE T S DOCUMENT NO. 2005-04891 I RIE , LLG DOCUMENT NO. 201 04236 CURVE TABLE CURVE # RADIUS LENGTH CHORD DIRECTION CHORD LENGTH C1 5754.58' 50.53' N04' 03' 0YE 60.53' C2 22.00' 34.85' N49' 39' 141 31.32' C3 22.00' 34.06' N40' 36' 19"W 30.76' C4 20.00' 17.91' S69' 22' 48"W 17.32' C5 52.00' 53.89' N73' 24' 3YE 51.51' C6 52.00' 74.37' S35' 55' 551 68.19' C7 52.00' 81.68' S50' 02' 20"W 73.54' C8 52.00' 46.57' N59' 18' 08"W 45.03' C9 20.00' 17.91' S59' 18' 08"E 17.32' C10 5754.57' 8.37' SO4' 18' 38"W KENT H. & KAREN EAN NOW OR FORMERLY PUCHKER JS RENTAL POCUMENT NO. 2012-08632 PROPERTIES, LLC DOCUMENT NO. 1015--973T7 I I I I I I I � I LINE TABLE LINE # DIRECTION LENGTH L1 NOT 44' 531 41.66' L2 S84' 57' 401 46.51' L3 N84' 57' 40"W 48.80' LOT SIZES NO. OF LOTS = 8 TOTAL SUBDIVISION AREA: 144,680 SQ. FT. (3.32 ACRES) SMALLEST LOT SIZE: 12,663 SQ. FT (0.29 ACRES) LARGEST LOT SIZE: 18,712 SQ. FT (0.43 ACRES) ZONING NOTE & SETBACKS All lots are currently zoned R-3, High Density Single -Family Residential District Front Yard: Twenty (20') feet Side Yard: Three (3') feet Rear Yard: Twenty (20') feet VARIANCE NOTE A Ten (10') Foot Front Setback is shown along Winterfield Circle PLAT PREPARED BY AND ENGINEERING AND LAND SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335-3026 NOTES LEGEND CENTERLINE ADJACENT PROPERTY LINE RIGHT OF WAY LINE BOUNDARY LINE UTILITY EASEMENT ----------- = SETBACK LINE ORIGINAL LOT LINE 1/2" IRON RODS SET AT ALL CORNERS UNLESS OTHERWISE NOTED OWNERS AND DEVELOPERS OF RESUBDIVISION OF LOTS 1 - 8 AND PLAT PREPARED FOR: 966 County Road 616 Jackson, MO 63755 Ph: (573) 225-9901 LOT 1 - Rodney G. & Pamela D. Arnold LOTS 4, 5 & 8 - Baldwin Investors, LLC LOT 2 - Mark A. & Daniela C. McMullin c/o: Ryland Ruben "Dutch" Meyr LOT 3 - Premiere Investments, LLC LOT 6 - Jacob C. & Bruce L. & Deborah M. Schurbusch c/o: Gale Zoellner LOT 7 - Mark S. & Kimberly Van Matre EASEMENT NOTE 10' Wide Sewer and Utility Easement along the front and rear of all lots unless otherwise indicated. 6' Wide Sewer and Utility Easement along the side of all lots unless otherwise indicated. FLOODPLAIN NOTE No portion of the subdivision falls within the 100 -year floodplain, as indicated on the flood insurance rate map community panel no. 29031C 0163E with an effective date of September 29, 2011. W N E NORTH ORIENTATION IN ACCORDANCE WITH THE MISSOURI STATE PLANE COORDINATE SYSTEM EAST ZONE SUBDIVISION DEDICATION WE THE UNDERSIGNED RODNEY G. & PAMELA D. ARNOLD, MARK A. & DANIELA C. MCMULLIN, PREMIERE INVESTMENTS, LLC, BALDWIN INVESTORS, LLC, JACOB C., BRUCE L. & DEBORAH M. SCHNURBUSCH, MARK S. & KIMBERLY K. VAN MATRE, OWNERS IN FEE OF LOTS 1-8 OF BALDWIN PLACE PHASE I, BEING THAT PART OF U.S.P.S. NO. 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northwest Corner of Baldwin Place Phase I Subdivision, as shown by plat thereof recorded in Document No. 2011-05418 of the Land Records of Cape Girardeau County, Missouri; thence South 08'17'01" West, 305.49 feet; thence South 84'57'40" East, 486.14 feet to a point on the West Right of Way line of Baldwin Drive; thence along West Right of Way line of said Road, North 03'45'01" East, 103.52 feet; thence North 03'44'53" East, 41.66 feet; thence along the arc of a curve the the right, having a radius of 5754.58 feet, a distance of 60.00 feet (the chord of said arc bears North 04'03'03" East, 60.53 feet); thence North 04'21'08' East, 99.34 feet; thence leaving said West Right of Way line, North 84'57'40" West, 463.35 feet to the point of beginning and containing 3.32 acres, more or less, do hereby declare that we have caused said land to be subdivided into lots as shown and designated hereon, and we have named said subdivision "RESUBDIVISION OF LOTS 1 - 8 OF BALDWIN PLACE PHASE I", and we do hereby establish permanent easements as shown hereon, and we do hereby dedicate the set out easements to the public use forever. IN WITNESS WHEREOF, we hereunto set our hands this _____ day of ---------- A.D., 20 - Rodney G. Arnold Pamela D. Arnold STATE OF MISSOURI ) as COUNTY OF CAPE GIRARDEAU On this _______ day of _____ ______ A.D. 20_, before me a Notary Public for said County and State, personally appeared Rodney G. & Pamela D. Arnold, who are authorized to execute the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of A.D. 20_. My term expires Notary Public Mark A. McMullin Daniela C. McMullin STATE OF MISSOURI ) as COUNTY OF CAPE GIRARDEAU ) On this _______ day of ----------------- A.D. 20_, before me a Notary Public for said County and State, personally appeared Mark A. & Daniela C. McMullin, who are authorized to execute the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of A.D. 20 - My term expires ___________. Notary Public Gale Zoellner, Member Premiere Investments, LLC STATE OF MISSOURI ) as COUNTY OF CAPE GIRARDEAU On this _______ day of ----------------- A.D. 20_, before me a Notary Public for said County and State, personally appeared Gale Zoellner, who, being by me duly sworn, did say that they are a Member of Premiere Investments, LLC, and that they are authorized to execute the foregoing instrument on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of A.D. 20 - My term expires ---------------------------- Notary Public THIS SURVEY OF A TRACT OF SUBURBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. GRAPHIC SCALE 50 0 25 50 100 200 ( IN FEET ) 1 inch = 50 ft. Ryland Ruben "Dutch" Meyr, Managing Member Baldwin Investors, LLC STATE OF MISSOURI ) as COUNTY OF CAPE GIRARDEAU ) On this _ _ day of A.D. 20__, before me a Notary Public for said Count and State personally appeared R and Ruben "Dutch" Me who being b Y P Y PP )7 Meyr, , Y me duly sworn, did say that they are the Managing Member of Baldwin Investors, LLC, and that they are authorized to execute the foregoing instrument on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of A.D. 20__. My term expires Notary Public Jacob C. Schnurbusch Bruce L. Schnurbusch Deborah M. Schnurbusch STATE OF MISSOURI ) as COUNTY OF CAPE GIRARDEAU ) On this _______ day of A.D. 20__, before me a Notary Public for said County and State, personally appeared Jacob C., Bruce L. & Deborah M. Schnurbusch, who are authorized to execute the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of A.D. 20__. My term expires Notary Public Mark S. Van Matre STATE OF MISSOURI Kimberly K. Van Matre as COUNTY OF CAPE GIRARDEAU ) On this _______ day of A.D. 20__, before me a Notary Public for said County and State, personally appeared Mark S. & Kimberly K. Van Matre, who are authorized to execute the foregoing instrument. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of A.D. 20__. My term expires Notary Public I, , City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. passed and approved this ____ day of -------------- A.D., 20__. City Clerk Filed for record in the office of the County Recorder of Cape Girardeau County, Missouri, in Document No. at Jackson, Missouri, on the ____ day of A.D., 20__. Scott R. Clark, County Recorder Staff: Ryan Shrimplin, AICP - City Agenda: Planner 7/7/2014 SUBJECT An Ordinance approving the record plat of Greater Cape Girardeau Business Park. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Greater Cape Girardeau Business Park. BACKGROUND/DISCUSSION A record plat has been submitted for Greater Cape Girardeau Business Park, located at the northeast corner of Interstate 55 and LaSalle Avenue. The plat divides one tract into two lots, and dedicates right-of-way for two public streets (Business Park Place and Innovation Way). A 10' utility easement is shown adjacent to the right- of-way lines. On Lot No. 1, an 18' drainage easement is shown adjacent to the 10' utility easement. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its June 11, 2014 regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Greater Cape Girardeau Business Park Plat.doc ❑ Staff Review -Referral -Action Form.W ❑ Greater Cape Girardeau Business Park Map.pdf Description: Greater Cape Gir Business Park Ord Greater Cape Girardeau Business Park - Staff RRA Form Greater Cape Girardeau Business Park - Map ❑ Application - Subdivision - Greater _Cape Girardeau_ Business_Park.pdf Greater Cape Girardeau Business Park - Application ❑ 20140609-514034-sh1.pdf Greater Cape Girardeau Business Park - Record Plat Sheet 1 ❑ 20140609-514034-sh2.pdf Greater Cape Girardeau Business Park - Record Plat Sheet 2 BILL NO. 14-96 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF GREATER CAPE GIRARDEAU BUSINESS PARK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI. AS FOLLOWS: ARTICLE 1. The record plat of Greater Cape Girardeau Business Park, a subdivision being part of United States Private Survey No. 790 and 2262, Township 31 North, Range 13 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by the City of Cape Girardeau and Crisp Realty Company, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated June 11, 2014, 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 , 2014. Harry E. Rediger, Mayor 000"M Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Greater Cape Girardeau Business Park LOCATION: LaSalle Avenue STAFF VIE COMMENTS: A record plat has been submitted to divide the Greater Cape Girardeau Business Park into two lots on LaSalle Avenue. SEE STAFF REPORT FOR MORE DETAILS. 0z �01' City Plakfe'r Col City�torney CITY MANAGE. -lity ��zGL4 Date RECOMMENDED A CTION.- Favor Oppose Abstain Trae Bertrand L1 j Ralph Maxton Larry Dowdy J Lj Scott McClanahan Jeff Glenn. jJ Doug Spooler Bill Hinckley LY L3 Ll Tom Welch Randy Kluge Ll Ll VOTE COUNT: Favor Oppose CO AJUF WN - CITIZENS COMMENTING AT MEETING. - 7 Date Date Favor Oppose Abstain Li Ll L) U uo' L) Lj Abstain City CouncilAction d rd Ordinance I" Reading Ordinance 2n & 3 Reading: E # Effective Date: Greater Cape Girardeau Business Park -_1 _ s 267 966 1976 �� ��• • 940 225 _ � 1 181 1005 150 1584 .1129 CDunt 1446 1396 Y Roa6d •2510 �� 1777 r .1 617 -2514 _ - 1501 ° a 1201 +M�, 2520 ~ •� 1137 2628 � � � � ► • r twit - 002 ,t002 .4000 - Lot 2 Lot 1 40, 4002 E � �5�,, Mair l Nn WE F S 1 inch = 667 fee 1 City of Cape Girardeau •0 Division of Planning Services GIS Data May 27, 2014 080 o' C( �r �CO - M Legend Greater Cape Girardeau Business Park _ Parcels xrts4., - ISUBDIVISION Of CAPEAPPLICATION C I ir %If r . _ "''', *'GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 At Name of Subdivision Type of Plat (Preliminary, Record, Boundary Adjustment) GREATER CAPE GIRARDEAU BUSINESS PARK Record Plat Applicant Property Owner of Record (if other than Applicant) City of Cape Girardeau Mailing Address City, State, Zip Mailing Address City, State, Zip 401 Independence Street Cape Girardeau, Mo Telephone Email Telephone Email 573-339-6327 rshrimplin@cityofcapegirardeau.org Contact Person (If Applicant is a Business or Organization) (Attach additional owners information if necessary) Scott A. Meyer Professional Engineer/ Surveyor Developer Chris Bowen P.L.S. City of Cape Girardeau Mailing Address City, State, Zip Mailing Address City, State, Zip 2121 Megan Drive Cape Girardeau, Mo 401 Independence Street Cape Girardeau, Mo 63703 Telephone Email Telephone Email 573-339-5900 chriskelley@bowenengsurv.com 573-339-6327 rshrimplin@cityofcapegirardeau.org ADDITIONAL IEMS In addition to this application, the following items must be submitted: nReview Fee (payable to City of Cape Girardeau) REQUIRED Single -Family and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) 71 Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) Four (4) full size copies of the plat (Record Plat only) One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. pplicant Signature Date OFFICE USE ONLY Date Received By File Number Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 6/18/2012 ZONING INFORMATION M-1, LIGHT MANUFACTURING/INDUSTRIAL DISTRICT USE: BUSINESS PARK MAXIMUM HEIGHT: NOT TO EXCEED 40'; EXCLUDING SILOS & SMOKE STACKS ETC. MINIMUM LOT AREA: NONE MINIMUM LOT WIDTH: NONE MAXIMUM DENSITY: NONE MAXIMUM BUILDING COVERAGE: NONE MINIMUM OPEN SPACE: 15% MINIMUM YARD & BUILDING SETBACK REQUIREMENTS: FRONT -25 FEET REAR - 25 FEET SIDE- NONE, UNLESS A LOT IS ABUTTING THE RESIDENTIAL DISTRICT IN WHICH CASE THE MINIMUM SIDE YARD IS 10 FEET NOTE: NUMBER OF LOTS: 2 TOTAL SUBDIVISION AREA: 126.05 ACRES SMALLEST LOT SIZE: 17.80 ACRES (LOT 1) LARGEST LOT SIZE: 104.04 ACRES (LOT 2) SURVEY NOTES: THIS SURVEY CREATES ANEW 2 LOT SUBDIVISION FROM ATRACT OF LAND RECORDED IN DOCUMENT NO. 2013-03256 MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES BASIS OF BEARINGS - GRID NORTH DETERMINED BY REAL TIME GPS OBSERVATIONS MADE WITH CORRECTIONS RECEIVED FROM THE MISSOURI HIGHWAYAND TRANSPORTATION COMMISSION GLOBAL NAVIGATION SATELLITE REAL-TIME NETWORK FOR CONTINUOUSLY OPERATING REFERENCE STATIONS. SURVEY CLASS "C" - URBAN SURVEY MONUMENT NOTES: A - FOUND RIGHT OF WAY MARKER O - PREVIOUSLY SET 1/2" IRON PIN (NO CAP) O -FOUND STONE O - SET 1/2" IRON PIN O -SET 2" ALUMINUM MONUMENT IN CONCRETE REFERENCES: RIGHT OF WAY PLANS FOR THE INTERSECTION OF INTERSTATE 55 WITH LASALLE AVENUE AND EAST MAIN STREET BOUNDARY SURVEY BY KOEHLER (PLS 1627) OF THE SOUTHEAST MISSOURI STATE UNIVERSITY FARM GENERAL WARRANTY DEED, BOOK NO. 551 - PAGE NO. 569 GENERAL WARRANTY DEED, DOCUMENT NO. 2006-05079 GENERAL WARRANTY DEED, DOCUMENT NO. 2008-09886 GENERAL WARRANTY DEED, DOCUMENT NO. 2008-09890 GENERAL WARRANTY DEED, DOCUMENT NO. 2008-15288 TAX ASSESSMENT MAP NO. 15-200 FLOODPLAIN INFORMATION A PORTION OF THIS SITE LIES IN FLOOD ZONE AE, A SPECIAL FLOOD HAZARD AREA INUNDATED BY THE 100 -YEAR FLOOD WITH BASE FLOOD ELEVATIONS DETERMINED AS INDICATED BY F.I.R.M. (FLOOD INSURANCE RATE MAP) MAP NUMBER 29031C0163E, WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. LEGEND BOUNDARY OF SUBDIVISION BOUNDARY OF NEW LOT - - - - - - BOUNDARY LINE OF EXISTING TRACT ----------- EXISTING EASEMENT (AS SHOWN) - - - - - - RIGHT OF WAY LINE •••••25'BSL••••••- BUILDINGSETBACKLINE - - - - - - PROPOSED 10' UTILITY EASEMENT - - - - - - PROPOSED DRAINAGE EASEMENT N V) oa Lu Q Z 3 N Lu Z N ❑ U E a C7 U GRAPHIC SCALE 0' 200' 400' 600' 800' RECORD PLAT GREATER CAPE GIRARDEAU \\, BUSINESS PARK A PART OF UNITED STATES PRIVATE SURVEY NO. 790 AND 2262, T 31 N, R 13 E, OF THE 5th P.M. CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI \ '\ I I I NOW OR FORMERLY \ I I STEVEN H.R GRACE CLARK,TRUST I \ I I DOCUMENT NO. 2011-0255-3 I NOW OR FORMERLY \ I DIAL TRUST DOCUMENT NO.2011-OG812 \ P.O.B. I I I \ FOUND STONE\ I I I SJr \ `� NOW OR FORMERLY I $6 LORETTA J JANSEN TRU5T I LOCATION MAP 1 NOW OR FORMERLY I MARY JO 8 STEPHEN R. I GOSSAIRT \ BOOK NO.1030 - PAGE NO.292 " """" 25• (N 84°09'47" BK 135 - PG 6q8 I BSL••••..........., N84°09'37'W (2,446.01) I NOW OR FORMERLY \ ` JAMES A. d KAREN R. HORRELL \ y� ............... 2,446.00' I BOOK NO.516 - PAGE NO.100 .......... NV oma, v &, 7Sl ......0 C\1.. \ \ 1 h U N 567,612.914 \ \ (N 84° 15'03"W N 840 706 379' 2 \ J................... 15'03" W 706.37' HEREBY ESTABLISH PERMANENT EASEMENTS FOR UTILITIES AND DRAINAGE, ZONE 2401 EAST 25, BSL ......., ' r U.S. SURVEY FEET $10X00\\ .\ '' •. ON THIS PLAT, WHICH IS NAMED, "GREATER CAPE GIRARDEAU BUSINESS S.F. = 1.00009947 LOT NO. 2 ,J 2 C.A. = 00°32'27.33909" i OF WAY TO THE PUBLIC USE FOREVER. IN WITNESS WHEREOF, SIGNED S 680 02'55"W THIS ............................. DAY OF ------------------------------------------• 2014, A.D. 104.04 Acres \ 26'11" W 92.31' 8 N 05 50' 13" E 220.75' OFORMERLY N 210 24'00" W 87.86' CITY OF GAPE GIRARDEAU (P �A \ r I DOCUMENT NO. 2015-0525b �A \ 75.30' I 12 \ W I 13 N 050 50' 13" E 220.75' 14 cr \ 10'48" E I 15 SUBDIVISION DEDICATION WE, THE UNDERSIGNED, THE CITY OF CAPE GIRARDEAU, MISSOURI, AND CRISP REALTY COMPANY, OWNERS OF A PART OF UNITED STATES PRIVATE SURVEY NO. 790 AND 2262, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITYAND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING ATA STONE (FOUND) ON THE WEST LINE OF U.S.P.S 790, FROM WHICH A2 -1/2w IRON PIPE (FOUND)ATTHE SOUTHWEST CORNER THEREOF BEARS, S 06° 08' 41" W, 3,729.36 FEET; THENCE S 06° 08'41- W, 429.31 FEET; THENCE LEAVING SAID WEST LINE, N 84° 15' 03" W, 706.37 FEET TO THE EAST RIGHT OF WAY LINE OF INTERSTATE 55; THENCE ALONG SAID EAST RIGHT OF WAY LINE THE FOLLOWING COURSESAND DISTANCES: S 20° 18'18' E, 20.23 FEET; THENCE S 26° 59' 23" E, 100.72 FEET; THENCE S 45° 03' 06" E, 109.66 FEET; THENCE S 21° 17'44- E, 1,300.05 FEET; THENCE S 36° 05' 41" E, 124.90 FEET; THENCE S 46° 38' 21" E, 724.75 FEET; THENCE S 84° 54'57- E, 371.31 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF LASALLE AVENUE; THENCE ALONG SAID NORTHERLY RIGHT OF WAY LINE THE FOLLOWING COURSES AND DISTANCES: N 68° 36' 00" E, 619.87 FEET; THENCE S 21- 24' 00" E. 105.00 FEET; THENCE N 68° 36' 00" E, 639.70 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 1,820.00 FEET AND A CENTRAL ANGLE OF 09° 25'36"; THENCE INA NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 299.43 FEET; THENCE N 03° 47' 04" E, 1,692.11 FEET; THENCE N 840 09'37" W, 2,446.00 FEET TO THE POINT OF BEGINNING, CONTAINING 126.05 ACRES, MORE OR LESS. FOUND STONE 1 HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED N 567,612.914 S 200 INTO LOTS AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH ISA E 1,078,996.755 2 TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, AND DO NAD83, M.S.P.C. 100.72' HEREBY ESTABLISH PERMANENT EASEMENTS FOR UTILITIES AND DRAINAGE, ZONE 2401 EAST m AND DO HEREBY ESTABLISH STREET RIGHTS OF WAYAS SHOWN U.S. SURVEY FEET ro ON THIS PLAT, WHICH IS NAMED, "GREATER CAPE GIRARDEAU BUSINESS S.F. = 1.00009947 N PARK" AND DO HEREBY DEDICATE SAID EASEMENTS AND STREET RIGHTS C.A. = 00°32'27.33909" : OF WAY TO THE PUBLIC USE FOREVER. IN WITNESS WHEREOF, SIGNED S 680 02'55"W THIS ............................. DAY OF ------------------------------------------• 2014, A.D. CN A CD o :I I II �\ 815X00 \ N I :1 1 11 z6 e c m N :I co •\ a ' I I I I •'�•� \ \ W�CQ LOT NO. 1 2s e esu •.. N \ \ 1�� 17.80 Acres \ \ A NOW OR FORMERLY iI 0 0 •. GRI5P REALTY COMPANY DOCUMENT NO.2014-05168 // /�� �•' 8 \ I N \ •\ • SEE SHEET 2 OF 2 i i /��/.• i n \ FOR DETAILS OF LOT 1 LINE DIMENSION TABLE \ m` ��\\ 1100, / NO. BEARING DISTANCE 1 S 200 18'18" E 20.23' 2 S 260 59'23" E 100.72' 3 S 450 03'06" E 109.66' 4 S 360 05'41" E 124.90' 5 S 210 24'00" E 105.00' 6 S 680 02'55"W 222.56' 7 N 430 26'11" W 92.31' 8 N 05 50' 13" E 220.75' 9 N 210 24'00" W 87.86' 10 N 680 36'00" E 103.68' 11 N21015'10"W 75.30' 81.85' 12 N 43°26'11" W 92.31' 13 N 050 50' 13" E 220.75' 14 S 760 10'48" E 60.00' 15 N 21 ° 24'00" W 2.00' 16 S 68° 36'00" W 10.00' 17 N 21 ° 15'52" W 48.05' 18 N 680 02'55" E 222.56' 19 N 640 09'42" W 60.00' 20 S 680 36'00"W 258.50' 21 S 660 43'55" E 10.00' 22 S 660 43'55" E 10.00' 23 N 560 57' 16" W 10.00' IS 45° 02' 35" E, 109.259 (S36 -05'11-E, 124.949 \ \, v ' �A / C i \ I LACE 6 X0 USPS 22 2 850 \ I-....'...�\\�- i USPS 324- - J3 �••. - SCOTT A. MEYER, CITY MANAGER ��-- CITY OF CAPE GIRARDEAU, MISSOURI n' - --�- JOHN RAINS, PRESIDENT i CRISP REALTY COMPANY ' PE - ZQNE - IWi i Io�;I Z v I NOW OR FORMERLY / NORWALD ING. II BOOK NO.218 - PAGE NO. 010 / STATE OF MISSOURI )SS COUNTY OF CAPE GIRARDEAU) BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTYAND STATE, PERSONALLY APPEARED SCOTT A. MEYER, CITY MANAGER OF THE CITY OF CAPE GIRARDEAU, MO KNOWN TO ME TO BE THE PERSON DESCRIBED HEREIN, AND DID EXECUTE THE FOREGOING INSTRUMENTAND WHOACKNOWLEDGED THAT HE EXECUTED THE SAME AS THE FREE ACTAND DEED OF THE CITY. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS _______________ DAY OF ....................... A.D., 2014 NOTARY PUBLIC MY TERM EXPIRES _.-\7. ` •\ y rs Ad'° ?S esl, \ �_�.?y, J \ B,t9 gT 4643 251 BSL ...............''. \ S 840 54'57" E 371.31' \ FOUND 5/8" IRON (S B4°54'55"E 371.249 \ PIN (NO CAP) �S I NIrn \\ �P�` i' CURVE DIMENSION TABLE lila \•\ P�ENv 00 NO. J STATE OF MISSOURI ) LENGTH TANGENT COUNTY OF CAPE GIRARDEAU) ss BEARING 1 1,820.00' \� I BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTYAND STATE, PERSONALLY �0 co / 00 APPEARED JOHN RAINS, PRESIDENT OF CRISP REALTY COMPANY, WHO BEING 2 I 'riPERM. DRAINAGE EASEMENT N BY ME DULY SWORN DID SAY THAT HE IS THE PERSON DESCRIBED HEREIN 12'37" I� DOC. NO. 2008-09889 AND DID EXECUTE THE FOREGOING INSTRUMENT AND WHO ACKNOWLEDGED TO 207.41' S 460 56'37" W ME THAT HE EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID COMPANY. _.-\7. ` •\ y rs Ad'° ?S esl, \ �_�.?y, J \ B,t9 gT 4643 251 BSL ...............''. \ S 840 54'57" E 371.31' \ FOUND 5/8" IRON (S B4°54'55"E 371.249 \ PIN (NO CAP) �S I NIrn \\ �P�` i' CURVE DIMENSION TABLE lila \•\ P�ENv 00 NO. RADIUS DELTA LENGTH TANGENT CHORD BEARING 1 1,820.00' 0972536- 299.43' 150.06' 299.10' N 730 18'48" E 2 288.00' 420 12'37" 212.17' 111.16' 207.41' S 460 56'37" W 3 373.00' 490 44'35" 323.83' 172.92' 313.76' S 430 10'38" W 4 48.00' 420 26'34" 35.56' 18.64' 34.75' S 390 31'38" W 5 138.00' 310 39'53" 76.27' 39.13' 75.30' S 760 34'51" W 6 870.00' 440 09'01" 670.40' 352.83' 653.93' N 650 30'42" W 7 470.00' 490 16'25" 404.19' 215.55' 391.85' N 180 47'59" W 8 320.00' 070 58'59" 44.59' 22.33' 44.55' N 090 49'43" E 9 123.00' 290 55'30" 64.24' 32.87' 63.51' N 530 38'15" E 10 33.00' 590 55'40" 34.52' 19.02' 32.96' N 080 42'40" E 11 330.00' 620 06' 12" 357.69' 198.69' 340.43' N 520 06'46" W 12 930.00' 430 46'23" 710.51' 373.60' 693.35' N 65° 19'23" W 13 530.00' 490 16'25" 455.79' 243.06' 441.88' N 18° 47'59" W 14 380.00' 070 58'59" 52.95' 26.52' 52.90' N 09° 49'43" E 15 48.00' 600 04'25" 50.33' 27.75' 48.05' N 81 ° 21'48" W 16 138.00' 300 14'34" 72.84' 37.29' 72.00' N 36° 12' 18" W 17 380.00' 370 21'34" 247.78' 128.47' 243.41' N 39° 55'56" W 18 47.99' 460 44' 16" 39.15' 20.74' 38.07' N 32° 34'42" W 19 138.00' 260 27' 19" 63.72' 32.44' 63.16' N 04° 00'60 E 20 313.00' 460 52'26" 256.07' 135.69' 248.98' N 44° 36'42" E 21 348.00' 420 12'37" 256.38' 134.32' 250.62' N 46° 56'37" E 22 313.00' 02° 05' 36" 11.43' 5.72' 11.43' N 22° 13' 17" E 23 293.00' 090 46'39" 50.00' 25.06' 49.94' N 28° 09' 24" E co �I \� VPSP�LE o N 695x0 '\\ �.�'� Ar $ I $ I P`a�+0239 I S I ¢LaI U O O 0 Z L ------------ -��(NO3°4704"E) - - N 03° 47' 04" E, 35.38' ,/" •o NS ' MENS /j1t % I rn r EEpS� �ag9 -0 FtpNA. 0 2121 J I Bowe Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fax Fax 573 339 1391 www.tawenengsurv.com I FOUND 2-1/2" IRON PIPE ENGINEERING & SURVEYING I SOUTHWEST CORNER, 1�USPS NO. 790 Consulting Engineers • Land Surveyors • Testing Laboratories Bowen Engineering & Surveying, P.C. SHEET 1 OF 2Engineering Corporation - Missouri State Certificate of Authority #000383 Land Surveying Corporation -Missouri State Certificate of Authority #000166 DRAWN BY: JAR CHECKED BY: RCB SCALE: 1" = 200' CAICE FILE: S140342IP DATE: JUNE 09, 2014 JOB NO.: S14-034 CAD FILE: S14034.DGN IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS _______________ DAY OF ....................... A.D., 2014 NOTARY PUBLIC MY TERM EXPIRES I- ------------------------------- i CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. ------------------- PASSED AND APPROVED THIS --------- DAY OF -------------------------, 2014, A.D. CITY CLERK OF CAPE GIRARDEAU, MISSOURI SURVEYOR'S CERTIFICATION THIS IS TO CERTIFY THATAT THE REQUEST OF THE CITY OF CAPE GIRARDEAU THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEYARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, DIVISION OF GEOLOGYAND LAND SURVEY. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. IN WITNfi68INIftftikI HEREUNTO SET MY SEAL AND SIGNATURE Z`•\E UL! s6/2 THIS ------------------------- DAY R. CHRISTOPHER BOWEN NUMBER ® LS -2232 A.D. R. CHRISTOPHER BOWEN MO. P.L.S. #2232 AND S STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU) ss FILED FOR RECORD THIS ---------------- DAY OF ---------------------, 2014 A.D. AND DULY RECORDED IN DOCUMENT NO. SCOTT R. CLARK, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS j 1�11 I eFF,460 00 ILU [U ; a �n I Loco U v eF C\1 O w W NOW OR FORMERLY I N O � N PRE5TWIGK GROUP,LTD. Z &, BOOK NO. 1082 - PAGE NO. 502 �U�t I _Z ° _ji 2 Z 9 R` I I I FOUND X -TIE POST SW CORNER, BOOK 1082 -PAGE 502 2121 J I Bowe Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fax Fax 573 339 1391 www.tawenengsurv.com I FOUND 2-1/2" IRON PIPE ENGINEERING & SURVEYING I SOUTHWEST CORNER, 1�USPS NO. 790 Consulting Engineers • Land Surveyors • Testing Laboratories Bowen Engineering & Surveying, P.C. SHEET 1 OF 2Engineering Corporation - Missouri State Certificate of Authority #000383 Land Surveying Corporation -Missouri State Certificate of Authority #000166 DRAWN BY: JAR CHECKED BY: RCB SCALE: 1" = 200' CAICE FILE: S140342IP DATE: JUNE 09, 2014 JOB NO.: S14-034 CAD FILE: S14034.DGN IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS _______________ DAY OF ....................... A.D., 2014 NOTARY PUBLIC MY TERM EXPIRES I- ------------------------------- i CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. ------------------- PASSED AND APPROVED THIS --------- DAY OF -------------------------, 2014, A.D. CITY CLERK OF CAPE GIRARDEAU, MISSOURI SURVEYOR'S CERTIFICATION THIS IS TO CERTIFY THATAT THE REQUEST OF THE CITY OF CAPE GIRARDEAU THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEYARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, DIVISION OF GEOLOGYAND LAND SURVEY. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. IN WITNfi68INIftftikI HEREUNTO SET MY SEAL AND SIGNATURE Z`•\E UL! s6/2 THIS ------------------------- DAY R. CHRISTOPHER BOWEN NUMBER ® LS -2232 A.D. R. CHRISTOPHER BOWEN MO. P.L.S. #2232 AND S STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU) ss FILED FOR RECORD THIS ---------------- DAY OF ---------------------, 2014 A.D. AND DULY RECORDED IN DOCUMENT NO. SCOTT R. CLARK, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS RECORD PLAT GREATER CAPE GIRARDEAU BUSINESS PARK (74) A PART OF UNITED STATES PRIVATE SURVEY NO. 790 AND 2262, T 31 N, R 13 E, OF THE 5th P.M. CITYAND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI • I a :I ^i^ �.I z .. •��\ LOT NO. 2 m I W \ co s1 10 04"F �SEMFNT \ \ I i I �❑ \�\\1 ,49990 LOT NO. 1 17.80 Acres yN \ .\ ;� NOW OR FORMERLY / (t� '• GR15P REALTY COMPANY DOGUMENT NO. 2014-05168 \\70, '/ / •. • • • SEMEN 16'oRA/Nq f ce \ GE EASEMENT / �. • . 2SBg� `• / /^-SEE INSET "A" �/' \ p / C5 LOT NO. 2 25, ����� �-��\ Cid � '•. \'. LOT NO. 2 ��s�\ \ '• \ \ rn \Cl / / U \ T • �- � '.•''.201/ G°' �"E 3266\ �' �� DETAIL - LOT NO. 1 N 'o °D w Z o N W Z O ❑ U E a 00 GRAPHIC SCALE 0' 100' 200' 300' 400' SHEET 2 OF 2 LOT NO. 1 -VPi `0 -UTILITY EASEMENT ♦ i / N � UNC LOT NO. 2 XCZ? INSET "A" SCALE 1"=50' LOT NO. 2 INSET "B" SCALE 1"=10' Bowe Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fax Fax 573 339 1391 www.tawenengsurv.Com ENGINEERING & SURVEYING Consulting Engineers • Land Surveyors • Testing Laboratories Bowen Engineering & Surveying, P.C. Engineering Corporation - Missouri State Certificate of Authority #000383 Land Surveying Corporation - Missouri State Certificate of Authority #000166 DRAWN BY: JAR CHECKED BY: RCB SCALE: 1" = 100' CAICE FILE: S14034.ZIP DATE: JUNE 09, 2014 JOB NO.: S14-034 CAD FILE: S14034.DGN LINE DIMENSION TABLE NO. BEARING DISTANCE 1 S 20" 18'18" E 20.23' 2 S 26" 59'23" E 100.72' 3 S 45" 03' 06" E 109.66' 4 S 36" 05'41" E 124.90' 5 S 210 24'00" E 105.00' 6 S 68" 02'55" W 222.56' 7 N 43" 26'11" W 92.31' 8 N 05" 50' 13" E 220.75' 9 N 21" 24'00w W 87.86' 10 N 68" 36'00" E 103.68' 11 N 21°15'10" W 81.85' 12 N 43" 26'11"W 92.31' 13 N 05" 50'13" E 220.75- 14 S 76" 10' 48" E 60.00' 15 N 21" 24'00" W 2.00' 16 S 68" 36'00" W 10.00' 17 N 21" 15'52" W 48.05' 18 N 68" 02'55" E 222.56' 19 N 64" 09'42" W 60.00' 20 S 68" 36'00" W 258.50' 21 S 66" 43'65w E 10.00' 22 S 66" 43'65w E 10.00' 23 N 56" 57' 16" W 10.00' (S45 -02'35-E, 109.259 (S36 -05'11-E, 124.949 CURVE DIMENSION TABLE NO. RADIUS DELTA LENGTH TANGENT CHORD BEARING 1 1,820.00' 09" 25'36" 299.43' 150.06' 299.10' N 73" 18'48" E 2 288.00' 42" 12'37" 212.17' 111.16' 207.41' S 46" 56'37" W 3 373.00' 49" 44'35" 323.83' 172.92' 313.76' S 43" 10'38" W 4 48.00' 42" 26'34" 35.56' 18.64' 34.75' S 39" 31'38" W 5 138.00' 31" 39'53" 76.27' 39.13' 75.30' S 76" 34'51 " W 6 870.00' 44" 09'01" 670.40' 352.83' 653.93' N 65" 30'42" W 7 470.00' 49" 16'25" 404.19' 215.55' 391.85' N 18" 47'59" W 8 320.00' 07" 58'59" 44.59' 22.33' 44.55' N 09" 49'43" E 9 123.00' 29" 55'30" 64.24' 32.87' 63.51' N 53" 38' 15" E 10 33.00' 59" 55'40" 34.52' 19.02' 32.96' N 08" 42'40" E 11 330.00' 62" 06'12" 357.69' 198.69' 340.43' N 52" 06'46" W 12 930.00' 43" 46'23" 710.51' 373.60' 693.35' N 65" 19'23" W 13 530.00' 49" 16'25" 455.79' 243.06' 441.88' N 18" 47'59" W 14 380.00' 07" 58'59" 52.95' 26.52' 52.90' N 09" 49'43" E 15 48.00' 60" 04'25" 50.33' 27.75' 48.05' N 81" 21'48" W 16 138.00' 30" 14'34" 72.84' 37.29' 72.00' N 36" 12' 18" W 17 380.00' 37" 21'34" 247.78' 128.47' 243.41' N 39" 55'56" W 18 47.99' 46" 44'16" 39.15' 20.74' 38.07' N 32" 34'42" W 19 138.00' 26" 27'19" 63.72' 32.44' 63.16' N 04" 00'60" E 20 313.00' 46" 52'26" 256.07' 135.69' 248.98' N 44" 36'42" E 21 348.00' 42" 12'37" 256.38' 134.32' 250.62' N 46" 56'37" E 22 313.00' 02" 05'36" 11.43' 5.72' 11.43' N 22" 13' 17" E 23 293.00' 09" 46'39" 50.00' 25.06' 49.94' N 28" 09'24" E SURVEYOR'S CERTIFICATION THIS IS TO CERTIFY THAT AT THE REQUEST OF THE CITY OF CAPE GIRARDEAU THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEYARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, DIVISION OF GEOLOGYAND LAND SURVEY. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. IN WITN,� I HEREUNTO SET MY SEAL AND SIGNATURE s\E v_.r,,,,"_�OSO/ THIS ------------------------- DAY R. CHRISTOPHER BOWEN I R. CHRISTOPHER 6kBOWEN NUMBER 6 LS -2232 LAND A.D. MO. P.L.S. #2232 STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU) ss FILED FOR RECORD THIS DAY OF ---------------------- 2014 A.D. AND DULY RECORDED IN DOCUMENT NO. SCOTT R. CLARK, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS Staff: Ryan Shrimplin, AICP - City Agenda: Planner 7/7/2014 SUBJECT An Ordinance approving the record plat of Gaither Subdivision. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Gaither Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Gaither Subdivision, located at 217 North Henderson Avenue. The subdivision is zoned R-3 (High Density Single -Family Residential). The plat divides one lot into three townhouse lots. Two variances are shown. The first variance is for the proposed density (maximum per the R- 3 district regulations is 9 units per 1 acre; the proposed subdivision is 12 units per 1 acre). The second variance is for the omission of the required 10' utility easement adjacent to the rear lot line of each lot. Staff supports both variances. This area is characterized by a mix of residential use types and densities, and the proposed density (due to the third unit) would not detract from that character. The utility easement is not needed because there are no existing or proposed utility lines at the rear of the subdivision. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its June 11, 2014 regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Gaither Subdivision Plat - variances.doc ❑ Staff Review -Referral -Action Form.pdf ❑ Map - Gaither Subdivision.pdf ❑ Application - Gaither_ Subdivision.pdf ❑ Record Plat (Revised_6-2-14).pdf Description: Gaither Subd. Ord Gaither Subdivision - Staff RRA Form Gaither Subdivision - Map Gaither Subdivision -Application Gaither Subdivision - Record Plat BILL NO. 14-97 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF GAITHER SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI. AS FOLLOWS: ARTICLE 1. The record plat of Gaither Subdivision, a subdivision being part of Lot 12 of Henderson's Subdivision, being that part of Outlot 27, Township 30 North, Range 14 East, of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Gaither Properties, LLC, bearing the certification of Rodney W. Amos, a Registered Land Surveyor, dated June 9, 2014, including all variances contained therein, 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 , 2014. Harry E. Rediger, Mayor 000"M Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Gaither Subdivision IM111111 1111 111 0 LOCATION: Henderson Avenue A record plat has been submitted to divide the Greater Cape Girardeau Business Park into two lots on LaSalle Avenue. SEE STAFF REPORT FOR MORE DETAILS. City Planner i A City ALtgr-ne)k,-,,.z Date Date CITY M-,4NA YEX REFERRAL TO THE PLANNING AND ZONING COMMISSION: .__ t__ City Manag RECOMMENDED A CTION.- Favor Oppose Abstain Trae Bertrand Ef U F-1 Larry Dowdy U3, Ll L1 Jeff Glenn Ej, " Ll L) Bill Hinckley 0, U J Randy Kluge at F1 L) VOTE COUNT: Favor Co UUFVV� - CITIZENS COMMENTING AT MEETING: Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose Date Favor Oppose Abstain J Ll L] L9, Ll J La Q U U3, u Lj Abstain Ordinance I" Reading Ordinance 2 2nd & 3 rd Reading: _ �L' � LC -1 ORDINANCE # Effective Datel Gaither Subdivision F# 0 % L* -A 44 ,W,w W- 00 -r r • 1 % 1 • � y 00 PmqPw -I ,mw- _ . A FWWR Lot 1 Lot 2 Lot 3 239 '219 207 AL IN 1220 .1212 .1202 N W + E S 1 inch = 46 fee - Harn�onY St City of Cape Girardeau Division of Planning Services GIS Data May 27, 2014 244 204 Legend Parcels Lot Line 41i SUBDIVISION PLAT APPLICATION "A v"Al .1 T Of CAVL k7 K Kut U DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU MO 63703 (573) 339-6327 Name of Subdivision Gaither Subdivision Type of Plat (Preliminary, Record, Boundary Adjustment) Record Plat Applicant Property Owner of Record (if other than Applicant) Gaither Properties, LLC State, Zip Mailing Address City, State, Zip Mailing Address City, 194 Whispering Oaks Cape Girardeau/MO/63701 Telephone Email ` Telephone Email (573) 979-5301 �ttej' 6., � Contact Person (If Applicant is a Business or Organization) (Attach additional owners information if necessary) Quentin Gaither, Professional Engineer/ Surveyor Developer Koehler Engineering & Land Surveying, Inc. Gaither Properties, LLC ............................... I ....... . ......... ........ ........................ ................. . ..................... I ..................... ................... I ............................. I ................ ..................................... ............. Mailing Address City, State, Zip Mailing Address -rity, State, Zip ....194 --- .,...C_o_k_erLa,ne Cape Girardeau, MO 63701 194 Whispering Oaks Cape Girardeau/MO/63701 ----- -- ---- ----- Telephone Email Telephone Email (573) 335-3026 tgramling@koehlerengineering.com (573) 979-5301 ADDITIONAL ITEMS In addition to this application, the following items must be submitted: REQUIRED Review Fee (payable to City of Cape Girardeau) Single -Family and Two -Family Residential $18.00per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) nRecording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 1811 x 24" sheet size $44.00 2411 x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) ✓ Four (4) full size copies of the plat (Record Plat only) ✓ One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. Applicant Signature V Date OFFICE USE ONLY Date Received By Planning & Zoning Commission Recommendation City Council Final Action Date Date File Number Revised 6/18/2012 RECORD PLAT OF GAITHER SUBDIVISION PART OF LOT 12, OF HENDERSON'S SUBDIVISION, BEING THAT PART OF OUTLOT 27, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI NOTESPOINT OF COMMENCEMENT LOT SIZES NO. OF LOTS = 3 TOTAL SUBDIVISION AREA: 10,843 SQ. FT. (0.25 ACRES) SMALLEST LOT SIZE: 3,313 SQ. FT (0.076 ACRES) LARGEST LOT SIZE: 3,762 SQ. FT (0.086 ACRES) ZONING, AREA, BULK & SETBACKS All lots are currently zoned R-3, High Density Single -Family Residential District Lots 1 - 3 are to be developed for Townhouses Front Yard: Ten (10) feet Side Yard: None Rear Yard: Twenty (20) feet Minimum Lot Area: 1400 Square Feet Maximum Density: Nine (9) Units per one (1) acre. Minimum Lot Width: Twenty (20) feet FLOODPLAIN NOTE This is to certify that I have examined the F.I.R. M. maps on file in the office of the Cape Girardeau County Highway Department in Cape Giradeau, Missouri, and have determined that the tract shown hereon is not within the floodplain as determined on community panel no. 29031C 0266 E with an effective date of September 29, 2011. OWNERS AND DEVELOPERS OF SUBDIVISION AND PLAT PREPARED FOR: Gaither Properties, LLC Document No. 2012-06054 194 Whispering Oaks Cape Girardeau, MO 63701 Ph: (573) 979-5301 PLAT PREPARED BY AND ENGINEERING AND LAND SURVEYING SERVICES PROVIDED BY: KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335-3026 EASEMENT NOTE Minimum 10' Wide Sewer and Utility Easement along the front line of subdivision unless otherwise specified. VARIANCE NOTE 1. Proposed density (12 units per 1 acre) 2. Omitted required 10' utility easement adjacent to rear lot line of each lot. LEGEND 00 = FOUND IRON ROD ❑� = FOUND IRON PIPE D = FOUND ANGLE / ROW MARKER ® = FOUND CUT CROSS O = SET IRON ROD (M) = MEASURED (R) = RECORDED = CENTERLINE v = ADJACENT PROPERTY LINE = RIGHT OF WAY LINE = BOUNDARY LINE 3,313 SQ. FT. = LOT LINE p� n = SETBACK LINE 1/2" IRON RODS SET AT ALL CORNERS UNLESS OTHERWISE NOTED m 0 �I m �I�i 149.87'(M), 151.6'(R) NOW OR FORMERLY TIMOTHY KRIEGFR, AN UNMARRIED PER56N, KENNETH KRIEGER AND DRENDA KRIEGER, HU515ANP AND WIFE, A5 JOINT TENANTS WITH RIGHT OF SURVIVORSHIP DOCLMENT N0. 2007-13869 150.40'(M), 151.3'(R) NOW OR FORMERLY WICKS PROPERTIE5, LLC DOCLMENT NO. 2006-11604 150.78'(M), 150.8'(R) NOW OR FORMERLY STUART C. SWOPE DEED ROOK 1252, PAGE 280 151.16'(M), 150.8'(R) 15L54'(M), 150.8'(R) 151.41'(M), 151.6'(R) OUTLOT NO. 28 OUTLOT NO. 27 99.85'(M), 100'(R) 51.31'(M), 51.3'(RL—_E4 ) E ) 4.00' NOW OR FORMERLY MENDING HEARTS RECOVERY DOCUMENT NO. 2011-03575 S82'59'59"E 150.89'(M), 149'(R) i LOT #1 10' FRONT SETBACK NOW OR FORMERLY 3,762 SQ. FT. 20' REAR 0.086 AC �m os SETBACK S82°59'59"E 150.68' 1 I LOT #2 ^ v I at o 3,313 SQ. FT. I p� n 0.076 AC POINT OF � ! S82'59'59"E 150.48' m O i Cn T i 10' SEWER m� LOT #3 & UTIL. ESMT Z 3,752 SQ. FT. CD 1 0.086 AC I ^ N82 '59'59-W 150.2i(M), 149'(R) m IN NOW OR FORMERLY EPEL AND ALELINE • LICHTENEGGER I DEEP DOCK 514, PAGE 383 149.75'(M), 149'(R) I I THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. GRAPHIC SCALE ( IN FEET ) 1 inch = 30 ft. NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM GRID NORTH SUBDIVISION DEDICATION WE THE UNDERSIGNED GAITHER PROPERTIES, LLC, OWNER IN FEE OF PART OF LOT 12, OF HENDERSON'S SUBDIVISION AS SHOWN BY PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 10 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, BEING THAT PART OF OUTLOT NO. 27, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the intersection of the West Right of Way line of Henderson Avenue and the North Line of Outlot No. 27, thence along West Right of Way line of said Road, South 06'47'14" West, 65.91 feet to the point of beginning; thence continue South 06'47'14" West, 71.90 feet; thence leaving West Right of Way line of said Road, North 82'59'59" West, 150.27 feet; thence North 06'17'19" East, 71.90 feet; thence South 82'59'59" East, 150.89 feet to the point of beginning and containing 0.248 acres, more or less, do hereby declare that we have caused said land to be subdivided into lots as shown and designated hereon, and we have named said subdivision "GAITHER SUBDIVISION", and we do hereby establish permanent easements as shown hereon, and we do hereby dedicate the set out easements to the public use forever. IN WITNESS WHEREOF, I hereunto set my hand this ___ day of A.D., 20_. GAITHER PROPERTIES. LLC. a Missouri Limited Liability Company Quentin Gaither Managing Member STATE OF MISSOURI ) as COUNTY OF CAPE GIRARDEAU On this ____ day of ___ ___ , A.D. 20_, before me a Notary Public for said County and State, personally appeared Quentin Gaither, who, being by me duly sworn, did say that he is a Managing Member of Gaither Properties, LLC, and that he is authorized to execute the foregoing instrument on behalf of said Limited Liability Company, and that he executed said instrument as the free act and deed of said Limited Liability Company. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ___ day of --_--_--. A.D. 20__. My term expires Notary Public I, City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. passed and approved this ___ day of _______— A.D., 20_. City Clerk Filed for record in the office of the County Recorder of Cape Girardeau County, Missouri, in Document No. at Jackson, Missouri, on the ___ day of A.D., 20_. Scott R. Clark, County Recorder �m os � I at 3 I POINT OF BEGINNING m O i Cn I i 3 m� CD ^ o f IN EPEL AND ALELINE • LICHTENEGGER I DEEP DOCK 514, PAGE 383 149.75'(M), 149'(R) I I THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. GRAPHIC SCALE ( IN FEET ) 1 inch = 30 ft. NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM GRID NORTH SUBDIVISION DEDICATION WE THE UNDERSIGNED GAITHER PROPERTIES, LLC, OWNER IN FEE OF PART OF LOT 12, OF HENDERSON'S SUBDIVISION AS SHOWN BY PLAT THEREOF RECORDED IN PLAT BOOK 1 AT PAGE 10 OF THE LAND RECORDS OF CAPE GIRARDEAU COUNTY, MISSOURI, BEING THAT PART OF OUTLOT NO. 27, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commence at the intersection of the West Right of Way line of Henderson Avenue and the North Line of Outlot No. 27, thence along West Right of Way line of said Road, South 06'47'14" West, 65.91 feet to the point of beginning; thence continue South 06'47'14" West, 71.90 feet; thence leaving West Right of Way line of said Road, North 82'59'59" West, 150.27 feet; thence North 06'17'19" East, 71.90 feet; thence South 82'59'59" East, 150.89 feet to the point of beginning and containing 0.248 acres, more or less, do hereby declare that we have caused said land to be subdivided into lots as shown and designated hereon, and we have named said subdivision "GAITHER SUBDIVISION", and we do hereby establish permanent easements as shown hereon, and we do hereby dedicate the set out easements to the public use forever. IN WITNESS WHEREOF, I hereunto set my hand this ___ day of A.D., 20_. GAITHER PROPERTIES. LLC. a Missouri Limited Liability Company Quentin Gaither Managing Member STATE OF MISSOURI ) as COUNTY OF CAPE GIRARDEAU On this ____ day of ___ ___ , A.D. 20_, before me a Notary Public for said County and State, personally appeared Quentin Gaither, who, being by me duly sworn, did say that he is a Managing Member of Gaither Properties, LLC, and that he is authorized to execute the foregoing instrument on behalf of said Limited Liability Company, and that he executed said instrument as the free act and deed of said Limited Liability Company. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ___ day of --_--_--. A.D. 20__. My term expires Notary Public I, City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. passed and approved this ___ day of _______— A.D., 20_. City Clerk Filed for record in the office of the County Recorder of Cape Girardeau County, Missouri, in Document No. at Jackson, Missouri, on the ___ day of A.D., 20_. Scott R. Clark, County Recorder Staff: John Richbourg, Finance Director Agenda: 7/7/2014 SUBJECT This ordinance would appropriate funds for operating expenditures, capital expenditures and transfers for the fiscal year ending June 30, 2014. EXECUTIVE SUMMARY The attached appropriation ordinance is routinely submitted each year at this time and covers expenditures incurred in the fiscal year ending June 30, 2014 that were not included in that year's original adopted budget. Although Council approved a majority of the expenditures during the current or previous fiscal years, appropriations have not previously been made to the fiscal year ending June 30, 2014 budget. Some of the expenditures included in this ordinance were for expenditures appropriated in previous years' budgets but not encumbered or incurred until this year. Since appropriations expire at the end of each fiscal year, portions encumbered or incurred this year should be re -appropriated. BACKGROUND/DISCUSSION Article 1 of the attached ordinance appropriates the following operating expenditures: General Fund Departments totaling $507,991.65 - This appropriation covers increased administrative, development services, public safety, parks and recreation, and public works expenditures and can be broken down as follows: (1) $100,000.00 for current year's Street CPR Program costs. (2) $245,068.02 for expenditures that were covered by grants not assumed in the original budget. (3) $35,000.00 for Sprigg and Bertling restroom.. (4) $15,612.93 in costs for outside legal counsel. (5) $10,950.00 in costs associated a Sylvan Lane nuisance abatement project. (6) $5,500.00 for costs of council elections (7) $45,000.00 in costs associated with additional park division department overtime and part-time salary. (8) $4,774.00 for replace of doors at station #2. (9) $10,500.70 for outdoor cameras. (10) $35,586.00 for various other expenses. The Airport, Parks and Recreation, Golf, and Softball Complex funds totaling $234,472.11, $28,360.56, $54,500.00, and $48,764.00 respectively - The increased costs in these funds that are not covered by revenues in their respective funds are covered by additional operating transfers included in Article 3 of this ordinance. Additional operating transfers from the General Fund total $120,000 in Article 3. The remaining operating expense appropriations included in this Article are either covered by additional current year revenue or unencumbered fund balances in their respective funds. Article 2 of the attached ordinance appropriates the following capital expenditures: Public Safety related expenditures totaling $21,619.00 - These expenditures were covered by grant revenues. Public Works related expenditures totaling $27,000.00 - These expenditures were for equipment for the new Street CPR Program. General Capital Improvement Fund totaling $165,500 — This appropriation covers the additional costs incurred to complete the Airport T -Hangar project which was 90% grant funded. Sewer Fund totaling $1,405,500 — This appropriation covers the additional costs of completing the sewer plant project which was budgeted and began in a previous year, the additional cost of the Broadway Stormwater Relief project which was included in the current year's budget and the cost to the Whitener Detention Basin project which had never been budgeted. Adequate proceeds from a SRF direct loan were available for the sewer plant project. A transfer from the Capital Improvement Sewer Sales Tax fund will be used to cover the remaining costs. Water Fund totaling $92,000— This appropriation covers the cost of the design work for the Cape Rock / Perryville BPS generator in next year's CIP budget. This fund's unreserved fund balance covered these expenditures. Article 3 of the attached ordinance authorizes additional transfers between funds. Additional transfers totaling $145,000 are from the general fund to other funds. The general fund transfers cover potential operating deficits in the airport fund, parks and recreation, and sports complex funds and matching money for housing development grants. The remaining transfers totaling $1,542,000 resulted from the required match of contributions by Isle of Capri to the Riverfront Development fund and the transfer of funds to complete various sewer projects. STAFF RECOMMENDATION Staff recommends approval of this ordinance. leAd9f-IN:IPII401k& Name: Description: ❑ Year End Appropriation_7-2014.doc Year End Appropriation Ord ❑ Appropria 7-2013.doc Budget appropriating Ordinance ❑ Appropria 6-2012.doc EOY Appropriating Funds BILL NO. 14-98 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, CAPITAL EXPENDITURES, AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2014, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI. AS FOLLOWS: ARTICLE 1. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2014, for the operating expenditures of the departments specified, in the following amounts: Development Services (General Fund) - Two Hundred Fifty- six Thousand Eight Hundred Forty Dollars ($256,840.00) for unbudgeted costs associated with community assistance and Ride the City Bicycle Trail grants and city costs of a restroom at Sprigg and Bertling. Public Safety (General Fund) - Thirty-eight Thousand Five Hundred Two Dollars and Seventy-two Cents ($38,502.72) for costs related to grant funded unbudgeted operating expenses, replacement of doors at fire station #2,and costs of outdoor cameras. Public Works (General Fund) - One Hundred Ten Thousand Nine Hundred Fifty Dollars ($110,950.00) to cover cost of nuisance abatement on Sylvan Lane and Street CPR Program costs. Parks and Recreation (General Fund) - Seventy-eight Thousand Dollars ($78,000.00) to cover costs of additional part-time and overtime salary expense and various other over -budget operating expenses. Development Services (Airport Fund) - Two Hundred Thirty- four Thousand Four Hundred Seventy-two Dollars and Eleven Cents ($234,472.11) for estimated cost of airshow, additional repair costs, additional vehicle fuel costs, professional fees related to repainting of runways and other various operating expenses. Parks and Recreation (Parks and Recreation Fund) - Twenty-eight Thousand Three Hundred Sixty Dollars and Fifty-six Cents ($28,360.56) unbudgeted small equipment purchases and facility repairs that will be funded by the 1 parks sales tax, repair and maintenance reserves, and donations and additional program expenses that will be covered by additional program revenues. Administrative (Convention and Tourism Fund) - Sixty-five Thousand Five Hundred Ten Dollars ($65,510.00) to cover additional economic development payments required to be paid on the River Campus project. Administrative (General Fund) - Twenty-three Thousand Six Hundred Ninety-eight Dollars and Ninety-three Cents ($23,698.93) for unanticipated outside legal advice, unanticipated municipal elections, and replacement of an air conditioner at city hall. Development Services (Housing Development Grant Fund) - Eight Thousand Five Hundred Dollars ($8,500.00) to cover costs of unbudgeted grant funded housing development projects. Capital Projects (Transportation Trust Fund IV) - Fifty- one Thousand Two Hundred Eighty Dollars and Fifty-five Cents ($51,280.55) for extra economic assistance payments required per developer agreements. Development Services (Capital Improvements Water Sales Tax Fund) - Seventy-six Thousand Sixty-five Dollars and Seventy-one Cents ($76,065.71) for extra economic assistance payments required per developer agreements. Development Services (Capital Improvements Sewer Sales Tax Fund) - Seventy-six Thousand Sixty-five Dollars and Sixty-nine Cents ($76,065.69) for extra economic assistance payments required per developer agreements. Public Works (Sewer Fund) - Seventy-two Thousand Four Hundred Forty-six Dollars and Ninety-eight Cents ($72,446.98) to cover costs of additional stormwater master plans. Public Works (Solid Waste Fund) - Seventy-two Thousand Three Hundred Fifty Dollars and Ninety-eight Cents ($72,350.98) to cover over budget fleet maintenance, vehicle fuel and postage costs. Parks and Recreation (Golf Fund) - Fifty-four Thousand Five Hundred Dollars ($54,500.00) to cover unbudgeted land maintenance costs mainly resulting from damage during the past winter. Parks and Recreation (Sports Complex Fund) - Forty-eight Thousand Seven Hundred Sixty-four Dollars ($48,764.00) to 2 cover unbudgeted costs of small equipment purchases, repair of turf damage from the past winter, and other projects that will be funded by the parks sales tax. Internal Service (Information and Technology Fund) - Twenty-five Thousand Dollars ($25,000.00) to cover over budget software and equipment maintenance contract costs. Internal Service (Fleet Maintenance Fund) - One Hundred Fifty-one Thousand Dollars ($151,000.00) to cover over budget contract repair, repair parts, battery and tire costs. ARTICLE 2. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2014, for additional capital expenditures of the departments specified, in the following amounts: Public Safety (General Fund) - Twenty-one Thousand Six Hundred Nineteen Dollars ($21,619.00) for unbudgeted communication equipment purchases that were funded by grant revenue. Public Works (General Fund) - Twenty-seven Thousand Dollars ($27,000.00) for unbudgeted equipment purchases related to the Street CPR Program. Capital Projects (General Capital Improvement Fund) - One Hundred Sixty-five Thousand Five Hundred Dollars ($165,500.00) to cover additional costs of completing the Airport T -Hangar and Taxiway project. Public Works (Sewer Fund) - One Million Four Hundred Five Thousand Five Hundred Dollars ($1,405,500.00) to cover unbudgeted costs of completing the wastewater treatment plant, Whitener detention basin project, ant the Broadway Stormwater Relief Sewer. Public Works (Water Fund) - Ninety-two Thousand Dollars ($92,000.00) to cover unbudgeted costs of engineering services for the Cape Rock / Perryville BPS and Generator Project. ARTICLE 3. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2014, for additional transfer between funds, in the following amounts: 3 General Fund to Airport Fund - Fifty Thousand Dollars ($50,000.00) to cover potential shortfall of air show revenue and operating subsidy. General Fund to Parks and Recreation Fund - Twenty Thousand Dollars ($20,000.00) to cover potential additional operating subsidy. General Fund to Sports Complex Fund - Fifty Thousand Dollars ($50,000.00) to cover potential additional operating subsidy. General Fund to Housing Development Grant Fund - Twenty- five Thousand Dollars ($25,000.00) to cover city share of grant funded housing development programs. Casino Revenue Fund to Casino Riverfront Development Fund - Forty-two Thousand Dollars ($42,000.00) to cover city's required match that was not included in the original budget. Capital Improvements Sewer Sales Tax Fund to Sewer Fund - One Million Five Hundred Thousand Dollars ($1,500,000.00) to cover capital improvement costs. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk Harry E. Rediger, Mayor P. 2014. BILL NO. 13-92 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, CAPITAL EXPENDITURES, AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2013, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI. AS FOLLOWS: ARTICLE 1. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2013, for the operating expenditures of the departments specified, in the following amounts: Administrative (General Fund) - Thirty-eight Thousand Seven Hundred Dollars ($38,700.00) for unanticipated outside legal advice, increased costs related to West Law subscription service, additional advertising costs related to unanticipated employee searches, unbudgeted costs associated with the Energy Efficiency Block Grant. Development Services (General Fund) - Fifty-five Thousand Seven Hundred Fifty Dollars ($55,750.00) for unbudgeted costs associated with community assistance grants and Ride the City Bicycle Trail grant and $3,450 in extra economic assistance payments required per developer agreements. Public Safety (General Fund) - One Hundred Forty-five Thousand Nine Hundred Fifty Dollars ($145,950.00) for costs related to grant funded unbudgeted operating expenses, fire overtime, costs of upgrading to paperless court system, excess prisoner food costs, costs related to police chief search, and payment of a MOPERM deductible. Public Works (General Fund) - Forty-four Thousand Dollars ($44,000.00) to cover over budget street light electricity costs. Administrative (Airport Fund) - One Hundred Twenty-two Thousand Eight Hundred Dollars ($122,800.00) to cover estimated costs of airshow and additional part-time and overtime costs. 11 Parks and Recreation (Parks and Recreation Fund) - Eighty-seven Thousand Three Hundred Twenty Dollars ($87,320.00) unbudgeted small equipment purchases and facility repairs that will be funded by the parks sales tax, over budget utility costs, park program expenses and other operating expense throughout various divisions of the park and recreation fund. Administrative (Convention and Tourism Fund) - One Hundred Fourteen Thousand Hundred Dollars ($114,000.00) to cover additional economic development payments required to be paid on the River Campus project. Development Services (Housing Development Grant Fund) - Two Hundred Seventy-six Thousand Five Hundred Dollars ($276,500.00) to cover costs of unbudgeted grant funded housing development projects. Public Safety (Health Fund) - Thirty-one Thousand Four Hundred Seventy-five($31,475.00) for extra personnel and building demolition costs. Development Services (Capital Improvements Water Sales Tax Fund) - Thirty-nine Thousand Eight Hundred Dollars ($39,800.00) for extra economic assistance payments required per developer agreements. Development Services (Capital Improvements Sewer Sales Tax Fund) - Thirty-nine Thousand Eight Hundred Dollars ($39,800.00) for extra economic assistance payments required per developer agreements. Capital Projects (Transportation Trust Fund I) - Five Hundred Dollars ($500.00) for interest on temporary interfund loan. Capital Projects (Transportation Trust Fund IV) - Eighty Thousand Dollars ($80,000.00) for extra economic assistance payments required per developer agreements. Capital Projects (Riverfront Region Economic Development Fund) - Twenty Thousand Dollars ($20,000.00) for cost to complete way finding signage project. Capital Projects (Community Development Block Grant Fund) - Five Thousand Dollars ($5,000.00) to cover costs of completing the Prestige Development Project. Parks and Recreation (Golf Fund) - Twenty-two Thousand 2 Six Hundred Dollars ($22,600.00) to cover unbudgeted unemployment assessments, additional part-time labor costs, and various maintenance items. Parks and Recreation (Sports Complex Fund) - Twenty-seven Thousand Two Hundred Dollars ($27,200.00) to cover unbudgeted costs of small equipment purchases and other projects that will be funded by the parks sales tax. Internal Service (Fleet Maintenance Fund) - Eight -four Thousand Dollars ($84,000.00) to cover over budget repair parts and tire costs. ARTICLE 2. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2013, for additional capital expenditures of the departments specified, in the following amounts: Parks and Recreation (Parks and Recreation Fund) - Fourteen Thousand Three Hundred Dollars ($14,300.00) unbudgeted capital purchases will be funded by the parks sales tax. Capital Projects (General Capital Improvement Fund) - Eight -three Thousand Dollars ($83,000.00) to cover additional costs of completing the Nash Railroad Crossing project and unbudgeted design costs of the Airport T - Hangar project. Capital Projects (Surface Transportation Program - Urban Projects Fund) - One Hundred Sixty-seven Thousand Dollars ($167,000.00) to cover costs of completing the Veterans Memorial Drive Phase 1 project. Parks and Recreation (Sports Complex Fund) - Twenty-nine Thousand Two Hundred Sixty Dollars ($29,260.00) to cover unbudgeted costs replacing concession stand roof. Internal Service (Equipment Replacement Fund) - Seventy- four Thousand Eight Hundred Fifty Dollars ($74,850.00) to cover cost of early replacement of a bucket truck that became unusable. ARTICLE 3. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2013, for additional transfer between funds, in the following amounts: 3 General Fund to Public Safety Trust Fund - Sixty-three Thousand Dollars ($63,000.00) to cover additional required transfer. General Fund to Airport Fund - Twenty Thousand Dollars ($20,000.00) to cover potential shortfall of air show revenue. General Fund to Housing Development Grant Fund - Thirty- five Thousand Dollars ($35,000.00) to cover city share of grant funded housing development programs. Parks Stormwater Operating Sales Tax Fund to Parks and Recreation Fund - Thirty-six Thousand Dollars ($36,000.00) to cover cost of one-time expenditures funded during the year. Parks Stormwater Operating Sales Tax Fund to Golf Fund - Twenty Thousand Dollars ($20,000.00) to cover cost of one-time expenditures funded during the year. Parks Stormwater Operating Sales Tax Fund to Sports Complex Fund - Twenty-seven Thousand Two Hundred Dollars ($27,200.00) to cover cost of one-time expenditures funded during the year. Fire Sales Tax Fund to General Fund - Sixty-three Thousand Dollars ($63,000.00) to cover additional required transfer. Public Safety Trust Fund to General Fund - Thirty-one Thousand Five Hundred Dollars ($31,500.00) to cover additional required transfer. Capital Improvements Sewer Sales Tax Fund to Sewer Fund - Two Million Four Hundred Eighty-two Thousand Six Hundred Fourteen Dollars ($2,482,614.00) to cover debt service and capital improvement costs. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF WOOD[.9 M Harry E. Rediger, Mayor P. 2013. Gayle L. Conrad City Clerk 5 BILL NO. 12-71 ORDINANCE NO. AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES, AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2012, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2012, for the operating expenditures of the departments specified, in the following amounts: Administrative (General Fund) - Eighty-six Thousand Dollars ($86,000.00) for costs related to personnel activity not included in the original budget, city-wide survey, outside legal counsel, and legal services related to updating the City code of ordinances. Development Services (General Fund) - Three Hundred Eighty-one Thousand Five Hundred Dollars ($381,500.00) for costs related to the "Ride the City" grant, an emergency shelter grant, inspection of the Casino construction, fleet maintenance, and other economic development costs. Public Safety (General Fund) - Two Hundred Twenty-two Thousand One Hundred Fifty Dollars ($222,150.00) for costs related to outside legal counsel, prisoner food, fleet maintenance, part-time and over -time salaries, and various public safety operating grants. Parks and Recreation (General Fund) - Thirty-eight Thousand Nine Hundred Dollars ($38,900.00) for additional utility, building maintenance, and building supply costs. Contingency (General Fund) - Twelve Thousand Dollars ($12,000.00) for sink -hole mitigation costs. Administrative (Airport Fund) - One Hundred Nineteen Thousand Four Hundred Dollars ($119,400.00) for operating expenditures for building repairs and maintenance, utilities, outside legal counsel, and bank charges for credit card deposits at the Cape Girardeau Regional Airport. Parks and Recreation (Parks and Recreation Fund) - Sixty Eight Thousand One Hundred Dollars ($68,100.00) for additional part-time salary, utility, unemployment compensation, and building insurance costs. Administrative (Convention and Visitors Fund) - Two Hundred Forty Five Thousand Dollars ($245,000.00) for River Campus project and other project costs. Development Services (Housing Development Grant Fund) - Two Hundred Thirty-two Thousand Dollars ($232,000.00) for costs associated with new and unplanned grants. Public Safety (Health Fund) - Seven Thousand Nine Hundred Fifty Dollars ($7,950.00) for personnel costs. Public Works (Water Fund) - Two Hundred Seventy-five Thousand Dollars ($275,000.00) to cover additional costs of utility relocations and meter replacements. Public Works (Solid Waste Fund) - One Hundred Fifty-eight Thousand One Hundred Dollars ($158,100.00) for vehicle fuel and maintenance costs. Parks and Recreation (Golf Fund) - Eleven Thousand Seven Hundred Fifty Dollars ($11,750.00) to cover additional overtime and utility costs. Parks and Recreation (Softball Complex Fund) - Thirty- four Thousand Four Hundred Fifty Dollars ($34,450.00) for additional costs related to over -time, part-time salaries, electricity, land maintenance and special events. Internal Service (Information Technology Fund) - Thirty Three Thousand Fifty Dollars ($33,050.00) to cover cost of adding new full-time position during the year. Internal Service (Fleet Maintenance Fund) - One Hundred Fifty Thousand Five Hundred Dollars ($150,500.00) to cover additional contracted repair, vehicle fuel, and parts costs. Internal Service (Employee Fringe Benefit Fund) - Four Hundred Twenty-five Thousand Dollars ($425,000.00) to cover additional projected employee health claims. Internal Service (Risk Management Fund) - Fifty Thousand Dollars ($50,000.00) to cover additional projected employee workmen's compensation claims. E ARTICLE 2. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2012, for additional debt services expenditures of the departments specified, in the following amounts: Debt Service (Capital Improvement Sales Tax for Water Project Fund) - Fourteen Million Three Hundred Twenty-six Thousand One Hundred Seventy-five Dollars ($14,326,175.00) to cover costs of paying off the 1998 SRF bonds. Debt Service (Transportation Sales Tax Trust Fund) - Five Hundred Dollars ($500.00) to cover cost of interest paid to the general fund. Debt Service (Debt Service Fund) - One Hundred Dollars ($100.00) to cover cost of interest paid to the general fund. Debt Service (Community Development Block Grant Fund) - Six Hundred Fifty Dollars ($650.00) to cover cost of interest paid to the general fund. Debt Service (Water Fund) - Two Hundred Eleven Thousand Dollars ($211,000.00) to cover issuance costs of bonds issued to retire the 1998 SRF bonds. Internal Service (Equipment Replacement Fund) - Forty-two Thousand Eight Hundred Fifty Dollars ($42,850.00) to cover payments on 2005 special obligation bonds not included in the original budget. ARTICLE 3. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2012, for additional capital expenditures of the departments specified, in the following amounts: Public Safety (General Fund) - Ninety-three Thousand Seven Hundred Dollars ($93,700.00) for demolition of a building on land adjacent to the police station and to cover the cost of various grant funded projects. Capital Projects (Motor Fuel Tax Fund) - Three Thousand Five Hundred Dollars ($3,500.00) for coat associated with the Safe Routes to School Sidewalk Gap Program. Capital Projects (Public Safety Trust Fund) - Seven Thousand Seven Hundred Dollars ($7,700.00) to cover cost of match for grant to purchase fire turnout gear. 3 Capital Projects (Transportation Sales Tax Trust IV Fund) - Two Million One Hundred Two Thousand Dollars ($2,102,000.00) for street curb and gutter repair, the Lexington Route W. project and the Broadway enhancement project. Capital Projects (General Capital Improvements Fund) - Seventy-five Thousand Dollars ($75,000.00) for costs in developing an RV park. Capital Projects (Park Improvements Fund)- One Hundred Thirty-eight Thousand Dollars ($138,000.00) for the completion of the North Park Trail project and the beginning of the River Walk IV Trail project, both of which are grant funded. Public Works (Sewer Fund) - One Million Seven Hundred Twenty-four Thousand Dollars ($1,724,000.00) for costs related to the new wastewater treatment plant and various other sewer capital projects. Public Works (Solid Waste Fund) - One Hundred Forty-five Thousand Dollars ($145,000.00) for costs related to the purchase of an automated leaf collection truck. Internal Service (Equipment Replacement Fund) - Thirty- seven Thousand Three Hundred Fifty Dollars ($37,350.00) for additional costs of a replacement dump truck. ARTICLE 4. The City Council of the City of Cape Girardeau, Missouri, hereby appropriates from the unappropriated balance of the identified funds for expenditure during the fiscal year ending June 30, 2012, for additional transfer between funds, in the following amounts: General Fund to Airport - Seventy-five Thousand Dollars ($75,000.00) to cover projected operating shortfall. General Fund to Parks and Recreation - Ninety Thousand Dollars ($90,000.00) to cover projected operating shortfall. General Fund to Softball Complex - Forty Thousand Dollars ($40,000.00) to cover projected operating shortfall. General Fund to Public Safety Trust Fund - One Hundred Thirty Thousand Dollars ($130,000.00) to cover transfer of additional revenue. P. General Fund to Housing Development Grants Fund - Thirty- six Thousand Dollars ($36,000.00) to cover costs not reimbursed by grants. General Fund to CDBG Grants Fund - One Thousand Dollars ($1,000.00) to cover costs not reimbursed by grants. General Fund to Sewer Fund - Six Thousand Dollars ($6,000.00) to cover transfer of equipment from the sewer fund. General Fund to Equipment Replacement Fund - Thirty Thousand Dollars ($30,000.00) to transfer proceeds of the City auction. Capital Improvement Sales Tax for Flood Control Project Fund to Sewer Fund - Forty-four Thousand Dollars ($44,000.00) to transfer remaining fund balance. Water Fund to Capital Improvement Sales Tax for Water Project Fund - Thirteen Million Eight Hundred Fifty Thousand Dollars ($13,850,000.00) to reflect transfer of bond proceeds used to pay off the 1998 SRF bonds. Fire Fund to General Fund - One Hundred Thirty Thousand Dollars ($130,000.00) to cover transfer of additional revenue. Public Safety Trust Fund to General Fund - Sixty-four Thousand Nine Hundred Forty-four Dollars ($64,944.00) to cover transfer of additional revenue. Parks / Stormwater Sales Tax Capital Fund to Parks Capital Projects Fund - One Hundred Seventy-five Thousand Dollars ($175,000.00) to cover costs of various capital projects. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2012. ATTEST: Harry E. Rediger, Mayor 5 Gayle L. Conrad City Clerk Staff: Ryan Shrimplin, AICP - City Agenda: Planner 7/7/2014 SUBJECT An Ordinance approving the record plat of Resubdivision of Lot 7 of Cape West Seventh Subdivision. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Resubdivision of Lot 7 of Cape West Seventh Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Resubdivision of Lot 7 of Cape West Seventh Subdivision, located at the northwest corner of Siemers Drive and Lambert Drive. The subdivision is zoned C-2 (Highway Commercial). The plat divides one lot into three lots. The required 10' utility easement is shown adjacent to the front lot lines. Also shown are existing easements for utilities and drainage as well as the 100 year floodplain boundary. The plat also establishes a cross access easement to provide ingress and egress between the three lots. The plat shows a variance to omit the required 10' utility easement adjacent to the rear lot lines. Staff supports the variance, as there are no existing or proposed utilities near the rear lot lines. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its June 11, 2014 regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Resub Lot 7 Cape West 7th Subdivision.doc ❑ Staff Review -Referral -Action Form.pdf ❑ Map - Cape West 7th Sub resub of lot 7.pdf ❑ Application - Cape West Seventh Resub. Lot 7.pdf ❑ Record Plat (Revised 6-6-14).pdf Description: Cape West 7th Sub Plat Ord Resub Lot 7 Cape West Seventh Sub - Staff RRA Form Resub Lot 7 Cape West Seventh Sub - Map Resub Lot 7 Cape West Seventh Sub - Application Resub Lot 7 Cape West Seventh Sub - Record Plat BILL NO. 14-100 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF RESUBDIVISION OF LOT 7 OF CAPE WEST SEVENTH SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Resubdivision of Lot 7 of Cape West Seventh Subdivision, a subdivision being part of United States Private Survey No. 3090, Township 30 North, Range 13 East, of the Fifth Principal Meridian, in the City and County of Cape Girardeau, State of Missouri, submitted by Drury Land Development, Inc., bearing the certification of Christopher L. Koehler, a Registered Land Surveyor, dated June 6, 2014, 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Resub. Of Lot 7 of Cape West LOCATION: Siemers Drive Seventh Subdivision STAFF REVIE W& COMMENTS: A record plat has been submitted to subdivide a parcel into three lots along Siemers Drive. SEE STAFF REPORT FOR MORE DETAILS. City Planner V V City A�t4ne3^�.._. Date L i � �✓�121.; "Date CITY A14A4,GER REFERRAL TO THE PLANNING AND ZONING COMMISSION: City RECOMMENDED A CTION.- Trae Bertrand Larry Dowdy Jeff Glenn Bill Hinckley Randy Kluge VOTE COUNT: Favor Oppose Abstain [;I Li r j L) Lj L) Lj D uo�r L3 L3 Laj La L3 Favor Date C) uppose Abstain c� o L COMMENTS: /Vi o' h , - � (' - � C' �� J � l -- I CITIZENS COMMENTING AT MEETING: City Council Action Ordinance I" Readin'g. Ordinance 2 nd & 3 rd Reading: 31RDINANCE # Effective Date: Favor Oppose Abstain Ralph Maxton Scott McClanahan Doug Spooler La" Ll Ll Tom Welch J Lj C) uppose Abstain c� o L COMMENTS: /Vi o' h , - � (' - � C' �� J � l -- I CITIZENS COMMENTING AT MEETING: City Council Action Ordinance I" Readin'g. Ordinance 2 nd & 3 rd Reading: 31RDINANCE # Effective Date: 1, fir F 1, 04 3439 Resubdivision of Lot 7 of Cape West Seventh Subdivision State l H i hwa K -�_1__ 9 _ _ _ Y,,,. 3419 r „x3431 T _ t t_ r 7 dk - 3415 .• 102 3315 f vC6i' 0 Ob!� pc B C' G A t ' 3303 1 e� 127 0.c wA Ilk 155 " is Al r 64 • '".tom'' ', �' s- l ,k 000 la �- N ` I Sol, � V N W E G .. 1 inch = 182 feet 0 Legend g City of Cape Girardeau Q Property to be subdivided Division of Planning Services C/) Parcels GIS Data April 25, 2014 + F � Lot Line 247 SUBDIVISION PLAT APPLICATION CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-632 Name of Subdivision Type of Plat (Preliminary, Record, Boundary Adjustment) Resubdivision of Lot 7 of Cape West Seventh Subdivision Record Plat I Applicant Property Owner of Record (if other than Applicant) Drury Development Corporation Mailing Address City, State, Zip Mailing Address City, State, Zip 721 Emerson Road, Suite 310 St. Louis/M0163116 Telephone Email Telephone Email NIA Cori -tact Person -(If Applicant is a Business or Organization) - (Attach additional owners information if necessary) Professional Engineer Surveyor Developer Koehler Engineering & Land Surveying, Inc. Mailing Address City, State,, Zip Mailing Address City, State, Zip 194 Coker Lane Cape Girardeau, MO 63701 Telephone Email Telephone Email (573) 335-3026 tgramling@koehierengineering.com ADDITIONAL ITEMS in addition to this application, the following items must be submitted: REQUIRED Review Fee (payable to City of Cape Girardeau) Single -Family and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) Wl Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) Four (4) full size copies of the plat (Record Plat only) One (1) reduced size (8-1/2" x 11") copy of the plat 111:1 :4 119 I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. 14 Applin a'htSkg`nat(re Date' OFFICE USE ONLY Date Received — 4 —A � — I — By Planning & Zoning Commission Recommendation LOW Date File Number Revised 6/18/2012 as (n Q z m NORTH ORIENTATION FROM MISSOURI STATE PLANE COORDINATE SYSTEM GRID NORTH PART OF LOT 2 COMMISSIONERS PLAT NOW OR FORMERLY SAMS REAL ESTATE BUSINESS TRUST DEED BOOK 1082, PAGE 59 RECORD PLAT FOR RESUBDIVISION C3F LOT 7 C31F CAPE WEST SEVENTH SUBDIVISION THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST, OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI LOT 5 I CAPE WEST SECOND SUBDIVISION NOW OR FORMERLY WAL—MART REAL ESTATE I BUSINESS TRUST DEED BOOK 1082, PAGE 56 LOT 2 COMMISSIO NERS PLAT OF SUED. LOT 1 COMMISSIO OF USPS 309❑ NERS PLAT OF- SUED. ❑F- USPS 309❑ 25' REAR I I SETBACK (TYP) N04'28'54"E 763.02 100 YEAR FLOODPLAIN I C"" 544'67 I NO3'41'13'E 194.96' 165.65' 52.70 I tp I I ---- o �EXISTING 10'WIDE ----------� I UTILITY EASEMENT (BK. 557, PG 936) I I Go / �— I EXISTING 20' WIDE I DRAINAGE ESMT. (TYP) � f0 NQ ) 25' FRONT 1 41211 � LOT # 1 SETBACK(TYP) I � /c� �� / ! / " LOT #2 Uj 45,680 SQ. FT. ,� 41,800 SQ. FT. 1.05 AC I y / / / ; 0.96 AC LINE TABLE LINE # DIRECTION LENGTH L1 S39' 47' 46"E 25.45' L2 S23' 41' 36"W 28.28' L3 S80' 58' 23"W 25.00' L4 N70' 34' 56"E 60.67' L5 N68' 48' 45"E 44.90' CURVE TABLE CURVE # CURVE LENGTH RADIUS CHORD DIRECTION CHORD LENGTH C1 76.52' 170.00' S81' 35' 15"W 75.87' C2 79.02' 719.01' S18' 09' 29"E 78.98' C3 184.73' 719.01' S07' 38' 58"E 184.22' C4 263.75' 719.01' 810' 47' 52"E 262.27' POINT OF BEGINNING EXISn�� / \ 199,773 SQ. FT. _ _ _ _ NGRESSIEGRESS � / / \ 4.59 AC _ — — — — EASEMENT I X \ A \\ -W C3 — i \ \ \ \\ 10' ACCESS & 25' FRONT UTIL. ESMT. (TYP)— \ SETBACK(TYP) i d L11 o i PART OF LOT 6 0 \ / , ) CAPE WEST SEVENTH \ \ 6` Jr. SUBDIVISION \ 25' FRONT NOW OR FORMERLY \\ \ \ \ SETBACK(TYP) DRURY CORPORATION ENT DEED BOOK 1187, PAGE 957 4 PART OF LOT 2 DEED BOOK 1135, PAGE 382 �A V \V / / CAPE WEST 7TH SUBDIVISION DEED BOOK 868, PAGE 180 i \ i � NOW OR FORMERLY DRURY LAND DEVELOPMENT, INC. DEED BOOK 762, PAGE 577 VICINITY MAP NOTES LEGEND 0 = FOUND IRON ROD — — = RIGHT OF WAY LINE U = SET IRON ROD = BOUNDARY LINE ® = SET SPINDLE = NEW LOT LINE 0 = CHISELED CROSS = UTILITY EASEMENT = CENTERLINE = SETBACK LINE — — = ADJACENT PROPERTY LINE = LOT LINE OF community panel no. 29031C 0262 E with an effective date COMMISSIONERS PLAT LOT 7 I CAPE WEST SECOND SUBDIVISION INOW OR FORMERLY D S W DEVELOPMENT CORP IDEED BOOK 653, PAGE 170 I LOT 6 CAPE WEST SECOND SUBDIVISION NOW OR FORMERLY D S W DEVELOPMENT CORP DEED BOOK 653, PAGE 170 LOT SIZES OWNERS AND DEVELOPERS OF NO. OF LOTS = 3 SUBDIVISION AND PLAT PREPARED FOR: TOTAL SUBDIVISION AREA: 287,253 SQ. FT. (6.60 ACRES) i \ SMALLEST LOT SIZE: 41,800 SQ. FT (0.96 ACRES) \ \ LARGEST LOT SIZE : 199,773 SQ. FT (4.59 ACRES) \ \ PART OF LOT 2 ' \ CAPE WEST 7TH SUBDIVISION \ ZONING NOTE & SETBACKS NOW OR FORMERLY All Lots are currently zoned as Drury Land Development, Inc. c/o: Tom Milford 721 Emerson Road, Suite 200 St. Louis, MO 63141 Ph: (314) 587-2509 \ DRURY LAND DEVELOPMENT, INC. / C-2, Highway Commercial District PLAT PREPARED BYAND ENGINEERING AND \ \ DEED BODK 1010, PAGE 436 \ / Front Yard = 25 feet LAND SURVEYING SERVICES PROVIDED BY.• / Rear Yard = 25 feet \ Side Yard = 0 feet KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE FLOODPLAIN NOTE CAPE GIRARDEAU, MO 63701 \ (573) 335-3026 EASEMENT NOTE All easements are indicated herein 1/2" IRON RODS SET AT ALL CORNERS UNLESS OTHERWISE NOTED SUBDIVISION DEDICATION WE THE UNDERSIGNED DRURY LAND DEVELOPMENT, INC., OWNER IN FEE OF PART OF LOT 7 OF CAPE WEST SEVENTH SUBDIVISION, BEING THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northwest Corner of Cape West Seventh Subdivision, as shown by plat thereof recorded in Plat Book 18 at Page 65 of the Land Records of Cape Girardeau County, Missouri; thence South 79'18'11" East, 175.14 feet; thence South 39'47'46" East, 25.45 feet to the West Right of Way Line of Siemers Drive; thence along the West Right of Way Line of said Siemers Drive, along the arc of a curve to the left, having a radius of 719.01 feet, a distance of 263.75 feet (the chord of said arc bears South 10'47'52" East, 262.27 feet); thence South 21'18'24" East, 543.70 feet; thence leaving West Right of Way Line of said Siemers Drive, South 23'41'36" West, 28.28 feet to the North Right of Way Line of Lambert Drive; thence along the North Right of Way Line of said Lambert Drive, South 68'41'34" West, 295.94 feet; thence along the arc of a curve to the right, having a radius of 170.00 feet, a distance of 76.52 feet (the chord of said arc bears South 81'35'15" West, 75.87 feet); thence North 85'31'06" West, 120.79 feet; thence leaving North Right of Way Line of said Lambert Drive, North 04'28'54" East, 763.02 feet; thence South 80'58'23" West, 25.00 feet; thence North 03'41'13" East, 194.96 feet to the point of beginning and containing 6.60 acres, more or less, do hereby declare that we have caused said land to be subdivided into lots as shown and designated hereon, and we have named said subdivision "RESUBDIVISION OF LOT 7 OF CAPE WEST SEVENTH SUBDIVISION", and we do hereby establish permanent easements as shown hereon, and we do hereby dedicate the set out easements to the public use forever, and a non—exclusive cross access easement is hereby established across all of Lots 1, 2 and 3 for the use and benefit of the current and future Owners of Lots 1, 2 and 3 and their respective tenants and invitees, for the sole purpose of providing ingress and egress between Lots 1, 2 and 3, and between such lots and Siemers Drive and Lambert Drive, such easement to be solely over such drive aisles as may from time to time be constructed and maintained for such use. IN WITNESS WHEREOF, I hereunto set my hand this _____ day of ---------- A.D., 20— Drury Land Development, Inc. Timothy M. Drury President STATE OF MISSOURI COUNTY OF ST. LOUIS On this _______ day of ----------------- A.D. 20_, before me a Notary Public for said County and State, personally appeared Timothy M. Drury, who, being by me duly sworn, did say that he is the President of Drury Land Development, Inc., a Missouri Corporation, and that he executed the within Record Plat on behalf of said Corporation, and acknowledged to me that he executed the same for the purposes therein stated as the free act and deed of said Corporation. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of A.D. 20_. My term expires Notary Public I, City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. passed and approved this day of _____________- A.D., 20_. City Clerk Filed for record in the office of the County Recorder of Cape Girardeau County, Missouri, in Document No. at Jackson, Missouri, on the ____ day of A.D.. 20__. Scott R. Clark, County Recorder ea a 25 GRAPHIC SCALE50 100 ( IN FEET ) 1 inch = 50 ft. THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. 200 / This is to certify that I have examined the F. I. R. M. maps on file \ in the office of the Cape Girardeau County Highway Department in Cape Girardeau, Missouri, and have determined that the tract — shown hereon is within the floodplain as determined on / community panel no. 29031C 0262 E with an effective date of September 29, 2011. EASEMENT NOTE All easements are indicated herein 1/2" IRON RODS SET AT ALL CORNERS UNLESS OTHERWISE NOTED SUBDIVISION DEDICATION WE THE UNDERSIGNED DRURY LAND DEVELOPMENT, INC., OWNER IN FEE OF PART OF LOT 7 OF CAPE WEST SEVENTH SUBDIVISION, BEING THAT PART OF UNITED STATES PRIVATE SURVEY NO. 3090, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Begin at the Northwest Corner of Cape West Seventh Subdivision, as shown by plat thereof recorded in Plat Book 18 at Page 65 of the Land Records of Cape Girardeau County, Missouri; thence South 79'18'11" East, 175.14 feet; thence South 39'47'46" East, 25.45 feet to the West Right of Way Line of Siemers Drive; thence along the West Right of Way Line of said Siemers Drive, along the arc of a curve to the left, having a radius of 719.01 feet, a distance of 263.75 feet (the chord of said arc bears South 10'47'52" East, 262.27 feet); thence South 21'18'24" East, 543.70 feet; thence leaving West Right of Way Line of said Siemers Drive, South 23'41'36" West, 28.28 feet to the North Right of Way Line of Lambert Drive; thence along the North Right of Way Line of said Lambert Drive, South 68'41'34" West, 295.94 feet; thence along the arc of a curve to the right, having a radius of 170.00 feet, a distance of 76.52 feet (the chord of said arc bears South 81'35'15" West, 75.87 feet); thence North 85'31'06" West, 120.79 feet; thence leaving North Right of Way Line of said Lambert Drive, North 04'28'54" East, 763.02 feet; thence South 80'58'23" West, 25.00 feet; thence North 03'41'13" East, 194.96 feet to the point of beginning and containing 6.60 acres, more or less, do hereby declare that we have caused said land to be subdivided into lots as shown and designated hereon, and we have named said subdivision "RESUBDIVISION OF LOT 7 OF CAPE WEST SEVENTH SUBDIVISION", and we do hereby establish permanent easements as shown hereon, and we do hereby dedicate the set out easements to the public use forever, and a non—exclusive cross access easement is hereby established across all of Lots 1, 2 and 3 for the use and benefit of the current and future Owners of Lots 1, 2 and 3 and their respective tenants and invitees, for the sole purpose of providing ingress and egress between Lots 1, 2 and 3, and between such lots and Siemers Drive and Lambert Drive, such easement to be solely over such drive aisles as may from time to time be constructed and maintained for such use. IN WITNESS WHEREOF, I hereunto set my hand this _____ day of ---------- A.D., 20— Drury Land Development, Inc. Timothy M. Drury President STATE OF MISSOURI COUNTY OF ST. LOUIS On this _______ day of ----------------- A.D. 20_, before me a Notary Public for said County and State, personally appeared Timothy M. Drury, who, being by me duly sworn, did say that he is the President of Drury Land Development, Inc., a Missouri Corporation, and that he executed the within Record Plat on behalf of said Corporation, and acknowledged to me that he executed the same for the purposes therein stated as the free act and deed of said Corporation. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this ____ day of A.D. 20_. My term expires Notary Public I, City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. passed and approved this day of _____________- A.D., 20_. City Clerk Filed for record in the office of the County Recorder of Cape Girardeau County, Missouri, in Document No. at Jackson, Missouri, on the ____ day of A.D.. 20__. Scott R. Clark, County Recorder ea a 25 GRAPHIC SCALE50 100 ( IN FEET ) 1 inch = 50 ft. THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. 200 Staff: Casey Brunke P.E., City Engineer Agenda: 7/7/2014 SUBJECT A Resolution authorizing the City Manager to execute an Agreement with Bowen Engineering and Surveying, Inc., for general engineering and surveying services. EXECUTIVE SUMMARY This contract will allow the Engineering Department to issue task orders to this consultant for any professional services necessary to complete any project. BACKGROUND/DISCUSSION The purpose of the attached contract is to set out the general contract provisions between the consultant and the City. The task orders will set out the specific task, associated fees, and schedule. This consultant services contract will expire in five years or after all task orders issued under this contract are completed. FINANCIAL IMPACT All costs will be generated per task orders and will be charged to the specific project. STAFF RECOMMENDATION Staff recommends Council approve the attached Resolution authorizing the City Manager to enter into contract for general engineering and surveying services with Bowen Engineering and Surveying, Inc. ATTACHMENTS: Name: Description: ❑ Bowen GSA Contract 2014.doc Bowen Engineering Ordinance ❑ Bowen_ General_ GSA_Executed.0f General Services Agreement BILL NO. 14-102 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BOWEN ENGINEERING AND SURVEYING, INC., FOR GENERAL ENGINEERING AND SURVEYING SERVICES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Bowen Engineering and Surveying, Inc., for general engineering and surveying services, in the City of Cape Girardeau. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CONTRACT For Engineering Services CONSULTANT NAME: Bowen Engineering and Surveying, Inc. THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and Bowen Engineering and Surveying, Inc., 2121 Megan Drive, Cape Girardeau, Missouri 63701, hereinafter referred to as the "Consultant". INASMUCH as funds have been made available by the City through various sources, the City intends to complete general works and infrastructure projects and requires professional engineering, land surveying, and inspection services. The Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the planning, design and/or construction inspection of the desired improvements and the City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE - The Consultant will if requested by the City: 1. determine the needs of the City for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the proj ect; 3. arrange for subsurface investigations if needed; 4. conduct hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the City the best overall general design based on these studies; 5. submit appropriate copies of preliminary plans, estimates and/or studies for review by the City; 6. prepare detailed construction plans, cost estimates, specifications and related documents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by City's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary easements needed for the project; 8. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also - 1 - ensure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 9. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 10. ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; and 11. after making final corrections resulting from reviews by agencies involved, provide the City with the appropriate sets of completed plans, specifications, studies and/or cost estimates for the purpose of obtaining construction authorization from the City. B. BIDDING PHASE - The Consultant will if requested by the City: 1. assist the City in advertising for bids and evaluating bids. 2. Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to error or negligence on the Consultant, the Consultant shall, at the request of City and for no additional cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four (4) options if all bids exceed Consultant's Estimate. The City may: (1) give written approval of an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all as necessary to reduce the construction cost. In the case of (4), Consultant, without additional charge to City, shall consult with City and shall revise and modify the scope, plans, or specifications as necessary to achieve compliance with the "Consultant's Estimate". C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's representative for administering the terms of the construction contract between City and their Contractor. Consultant will endeavor to protect the City against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Consultant responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Consultant's services will include more specifically as follows if needed: assist the City with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. The Consultant will accompany City representatives on visits of the project site as requested; 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; -2- prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will be performed by City personnel and such sampling and testing is excluded from the work to be performed by the Consultant under this contract; 8. maintain progress diary and other project records, measure and document quantities, and review monthly estimates for payments due the Contractor; 9. be present during critical construction operations, including but not limited to the following: a. structure layout; b. excavation and backfilling; C. driving of piles; d. checking of reinforcing steel prior to concrete placement; e. concrete batching and pouring; f. placement of girders; and g. placement of surfacing materials; and 10. participate in final inspection, provide the City with project documentation (diaries, test results, certifications, etc.), and provide as -built plans for the City's records. ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City; B. provide the Consultant with the City's requirements for the project; -3- C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed Task Order and notice to proceed from the City. The phases of work shall be completed in accordance with the associated Task Order. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs, and guidance provided in the most current version of City of Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be followed. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: Charge Out rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. -4- METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. 1. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Pam In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or malting of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of. foundation boxings and tests, abstracts of title, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the -5- Consultant and/or its consultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. -6- ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo, pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII — INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant -7- and its employees, agents and Sub consultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City Engineer based on the circumstances, the Consultant and his Subconsultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: Insurance Tyne Amount Worker's Compensation: In full compliance with statutory requirements of Federal and State of Missouri Comprehensive General and Professional Liability: $404,000 each person $2,690,000 each occurrence Comprehensive Automobile Liability: Employer Liability: City's Protective Bodily Injury Including Death: City's Protective Property Damage: $404,000 each person $2,690,000 each occurrence $404,000 each person $2,690,000 each occurrence $404,000 each person $2,690,000 each occurrence $404,000 each person $2,690,000 each occurrence The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished the City prior to Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City Engineer reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must by issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XIX — PERIOD OF SERVICE This contract shall remain in effect for five years from the date accepted by the City of Cape Girardeau City Council. ARTICLE XX - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2014, 2015 2016, 2017, 2018, and 2019 Attachment B — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment C — Affidavit of Participation in Federal Work Authorization Program -9- Sr Executed by the Consultant this 1 day of wJz Q 2099 Lt Executed by the City this day of 20. FOR: CITY OF CAPE GIRARDEAU Im ATTEST: City Manager, Scott Meyer City Cleric FOR: BOWEN ENGINEERING AND SURVEYING, INC. Bowen, President 't ATTEST: -10- ATTACHMENT"A" CHARGE OUT RATES Hourly Rate DISCIPLINE 2014 2015* 2016* 2017* 2018* 2019* Principal _______________________________________________________________________ $105.00 _____________ $108.00 _____________ $112.00 _____________ $115.00 _____________ $120.00 _____________ $123.00 _____________ Professional Engineer ________________ - $83.00 - $86.00 - $88.00--- -_ $9200---I $95.00 $98.00 Professional Land Surveyor _______________________________________________________________________ $72.00 _____________ $74.00 _____________ $76.00 _____________ $79.00 _____________ $82.00 _____________ $85.00 _____________ Engineering Intern _________________________________________________________________ $66.00 ___________ $68.00 ___________ $71.00 ___________ $73.00 _____________ $75.00 _____________ $78.00 _____________ Engineering Technician ___________________________________________________ $66.00 ___________ $68.00 ___________ $71.00 ___________ _ $73.00 _ $75.00 $78.00 1 Man Survey Crew (With GPS Enabled Rover) ________ _ _ $105.00 $108.00 $112.00 $115.00 $120.00 $123.00 2 Man Survey Crew ----------------------------------------------------------------------- $105.00 ------------- $108.00 ------------- $112.00 ------------- $115.00 ------------- $120.00 ------------- $123.00 ------------- 3 Man Survey Crew ------------------------------'---------------------------------------- $138.00 ------------- $143.00 ------------- $147.00 ------------- $152.00 ------------- $157.00 ------------ $162.00 ------------- GPS Enabled ATV _______________________________________________________________________ $175.00 _____________ $181.00 _____________ $187.00 _____________ $193.00 _____________ $200.00 _____________ $206.00 _____________ CADD Technician$61.00 _______________________________________________________________________ _____________ $63.00 _____________ $65.00 _____________ $67.00 _____________ $70.00 _____________ $72.00 _____________ Testing Technician$50.00 _______________________________________________________________________ _____________ $51.00 _____________ $53.00 _____________ $55.00 _____________ $57.00 _____________ $59.00 _____________ Office Manager $50.00 $51.00 $53.00 $55.00 $57.00 $59.00 Direct Costs: _______________________________________________________________________ _____________ _____________ _____________ _____________ _____________ _____________ Vehicle Mileage _IRS Rate (per mile)-------------------------------- --- $0-.4-85 - _ $0.485 --- $0.485 - $0.485 $0.485 $0.485 Nuclear Density Gauge (per hour) $30.00 $30.00$30.00 $30.00 $30.00 $30.00 Moisture Density Control Curve (per curve) _______________________________________________________________________ $275.00 _____________ $275.00 _____________ $275.00 _____________ $275.00 _____________ $275.00 _____________ $275.00 _____________ Sieve Ana lysis (per test ) ________________________________________________________ $100.00 ________ $100.00 _____ $100.00 __ $100.00 ________ $100.00 ______ $100.00 __________ Atterberg Limits (LL, PL, PI) (per test) _______________________________________________________________________ $100.00 _____________ $100.00 _____________ $100.00 _____________ $100.00 _____________ $100.00 _____________ $100.00 _____________ Concrete Compressive Strength Test (per cylinder) ___________________________________________________________________ $15.00 ______ $15.00 _____________ $15.00 _____________ $15.00 _____________ $15.00 _____________ $15.00 _____________ Strength Test (per cube) G-rout_Compressive____ $15. 00 _______ ___ 00 ___ $15.____ ___$-1-5-.00___ $15.00 _____________ $15.00 $15.00 Mortar Compressive Strength Test (per cylinder) _______________________________________________ $15.00 _______ $15.00 _______ $15.00 ___________ $15.00 ______ $15.00 $15.00 _________ Comments * Reflects escalation of approximately 3.5% per year - 11 - ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or -12- agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https: //www. epls. gov/epls/search.do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -13- ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Comes now Chris Bowen as President first being duly sworn, on my oath, (name) (office held) affirmBowen Engineering & Surveying, Inc. ("Consultant") is enrolled and will continue to participate in a (companyname) federal work authorization program in respect to employees that will work in connection with the contracted services related to general engineering, surveying and inspection projects and any incidental items (describe project) associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIAPTES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS) In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 575.040, RSMo). Signature (person with authority) President Title State of Missouri Chris Bowen Printed Name Date -1 J ss. County of i.at% ` kV =.0 ) Subscribed and sworn to before me this i 1 day of J vv,it o 20L. N �) My commission expires: - "} 9 Notary Pub is Note Publ cgelal- otairy seal State of Missouri -14- Bollinger County MV COUMNs�sion 1trM1181 X17 E—Vermify, `� Ililli4, Company ID Number: 247646 THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I PURPOSE AND AUTHORITY This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Bowen Engineering & Surveying, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E -Verify). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E -Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational problems that may arise during the Employer's participation in the E -Verify program. SSA agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA regulations (20 CFR Part 401). Company ID Number: 247646 To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 888-464-4218. Employer Bowen Engineering & Surveying, Inc. Christopher M Buerck Department of Homeland Security — Verification Division LISCIS Verification Division Nrm ,� � i �,,- f im, � 0) 0111 9 10 a i 2 0 01119 DA�, Staff: Casey Brunke P.E., City Engineer Agenda: 7/7/2014 SUBJECT A Resolution authorizing the City Manager to execute an Agreement with Koehler Engineering and Land Surveying, Inc., for general engineering and surveying services. EXECUTIVE SUMMARY This contract will allow the Engineering Department to issue task orders to this consultant for any professional services necessary to complete any project. BACKGROUND/DISCUSSION The purpose of the attached contract is to set out the general contract provisions between the consultant and the City. The task orders will set out the specific task, associated fees, and schedule. This consultant services contract will expire in five years or after all task orders issued under this contract are completed. FINANCIAL IMPACT All costs will be generated per task orders and will be charged to the specific project. STAFF RECOMMENDATION Staff recommends Council approve the attached Resolution authorizing the City Manager to enter into contract for general engineering and surveying services with Koehler Engineering and Land Surveying, Inc. ATTACHMENTS: Name: Description: ❑ Koehler Eng Contrad_2014.doc Koehler Eng Resolution ❑ Koehler_ General_ GSA_Executed.pdf General Services Agreement BILL NO. 14-103 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH KOEHLER ENGINEERING AND LAND SURVEYING, INC., FOR GENERAL ENGINEERING AND SURVEYING SERVICES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Koehler Engineering and Land Surveying, Inc., for general engineering and surveying services, in the City of Cape Girardeau. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CONTRACT For Engineering Services CONSULTANT NAME: Koehler Engineering and Land Survevina, Inc. THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and Koehler Engineering and Land Surveying, Inc., 194 Coker Lane, Cape Girardeau, Missouri 63701. hereinafter referred to as the "Consultant". INASMUCH as funds have been made available by the City through various sources, the City intends to complete general works and infrastructure projects and requires professional engineering, land surveying, and inspection services. The Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the planning, design and/or construction inspection of the desired improvements and the City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. DESIGN PHASE - The Consultant will if requested by the City: 1. determine the needs of the City for the project; 2. conduct topographic, property and utility surveys sufficient to develop plans for the project; 3. arrange for subsurface investigations if needed; 4. conduct hydraulic studies, prepare alternative designs and cost estimates, develop preliminary plans, and recommend to the City the best overall general design based on these studies; 5. submit appropriate copies of preliminary plans, estimates and/or studies for review by the City; 6. prepare detailed construction plans, cost estimates, specifications and related docmnents as necessary for the purpose of soliciting bids for constructing the project. Provision will be made in the contract documents for that portion of the work that will be performed by City's forces; 7. secure adequate property title information, determine right-of-way requirements, prepare right-of-way plans, and assist the City in acquiring the right-of-way deeds and necessary easements needed for the project; 8. ensure compliance with water quality requirements by coordinating with the Missouri Department of Natural Resources and the U.S. Army Corps of Engineers and also -I- ensure compliance with the requirements of the Federal Emergency Management Agency (FEMA); 9. ensure compliance with historic preservation requirements through coordination with the Missouri Department of Natural Resources, and if deemed necessary, arrange to have the site examined by a qualified archaeologist on a subcontract basis; 10. ensure compliance with all regulations in regards to noise abatement and air quality, if necessary; and 11. after making final corrections resulting from reviews by agencies involved, provide the City with the appropriate sets of completed plans, specifications, studies and/or cost estimates for the purpose of obtaining construction authorization from the City. B. BIDDING PHASE - The Consultant will if requested by the City: 1. assist the City in advertising for bids and evaluating bids. 2. Bids Exceeding Cost Estimate: If all bids exceed Consultant's Estimate, due to error or negligence on the Consultant, the Consultant shall, at the request of City and for no additional cost, prepare a report for City identifying why all the bids exceed the estimate. The City has four (4) options if all bids exceed Consultant's Estimate. The City may: (l) give written approval of an increase in the Project cost; (2) authorize rebidding of the Project, (3) terminate the Project and this Agreement, or (4) cooperate in revising the Project scope, plans, or specifications, or all as necessary to reduce the construction cost. In the case of (4), Consultant, without additional charge to City, shall consult with City and shall revise and modify the scope, plans, or specifications as necessary to achieve compliance with the "Consultant's Estimate". C. CONSTRUCTION PHASE — if requested by the City, the Consultant will serve as the City's representative for administering the terms of the construction contract between City and their Contractor. Consultant will endeavor to protect the City against defects and deficiencies in workmanship and materials in work by the Contractor. However, the furnishing of such project representation will not make Consultant responsible for the construction methods and procedures used by the Contractor or for the Contractor's failure to perform work in accordance with the contract documents. Consultant's services will include more specifically as follows if needed: 1. assist the City with a preconstruction conference to discuss project details with the Contractor; 2. make periodic site visits to observe the Contractor's progress and quality of work, and to determine if the work conforms to the contract documents. The Consultant will accompany City representatives on visits of the project site as requested; 3. check shop drawings and review schedules and drawings submitted by the Contractor; 4. reject work not conforming to the project documents; -2- 5. prepare change orders for issuance by the City as necessary and assure that proper approvals are made prior to work being performed; 6. review wage rates, postings, equal employment opportunity and other related items called for in the contract documents; 7. inspect materials, review material certifications furnished by Contractor, sample concrete and other materials as required, and arrange for laboratory testing of samples by others on a subcontract basis. Independent assurance samples and tests will be performed by City personnel and such sampling and testing is excluded from the work to be performed by the Consultant under this contract; 8. maintain progress diary and other project records, measure and document quantities, and review monthly estimates for payments due the Contractor; 9. be present during critical construction operations, including but not limited to the following: a. structure layout; b. excavation and backfilling; C. driving of piles; d. checking of reinforcing steel prior to concrete placement; C. concrete batching and pouring; f, placement of girders; and g. placement of surfacing materials; and 10. participate in final inspection, provide the City with project documentation (diaries, test results, certifications, etc.), and provide as -built plans for the City's records. ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or changed work or incurring any additional cost thereof. Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City; B. provide the Consultant with the City's requirements for the project; -3- C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement; F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way and easements needed to construct this project. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed Task Order and notice to proceed from the City. The phases of work shall be completed in accordance with the associated Task Order. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs, and guidance provided in the most current version of City of Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be followed. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: Charge Out rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. -4- METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Payment. In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of. foundation borings and tests, abstracts of title, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the -5- Consultant and/or its consultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents, cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the,City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. -6- ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: Work Authorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license;" or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RE,SPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII — INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant -7- and its employees, agents and Sub consultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City Engineer based on the circumstances, the Consultant and his Subconsultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: Insurance Type Worker's Compensation: Comprehensive General Liability: Comprehensive Automobile Liability: Employer Liability: City's Protective Bodily Injury Including Death: City's Protective Property Damage: Amount In full compliance with statutory requirements of Federal and State of Missouri $404,000 each person $2,690,000 each occurrence $404,000 each person $2,690,000 each occurrence $404,000 each person $2,690,000 each occurrence $404,000 each person $2,690,000 each occurrence $404,000 each person $2,690,000 each occurrence The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished the City prior to Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City Engineer reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must by issued by a company authorized to issue such insurance in the State of Missouri. -8- ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XIX — PERIOD OF SERVICE This contract shall remain in effect for five years from the date accepted by the City of Cape Girardeau City Council. ARTICLE XX - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Charge out rates for 2014, 2015 2016, 2017, 2018, and 2019 Attachment B — Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment C — Affidavit of Participation in Federal Work Authorization Program -9- Executed by the Consultant this 24th day of June '20 14 . Executed by the City this day of 20. FOR: CITY OF CAPE GIRARDEAU Fors City Manager, Scott Meyer ATTEST: City Cleric FOR: KOEHLER ENGINEERING,*;4IDJ "SURVEYING, INC. t Christopher L. Koehler, President ATTEST: 1Ct A)P ("t' l Grp. SC-Cre ¢ark -10- Attachment 'A' Rates for Professional Services KOEHLER ENGINEERING & LAND SURVEYING, INC. General Labor Rates for Standard Projects - 2014-2019: Cape Girardeau General Services Agreement (Classifications Listed Below; All shifts) Employee Classification Hourly Rate 2014 2015 2016 2017 2018 2019 Expert Witness $ 136.59 $ 140.69 $ 144.91 $ 149.26 $ 153.73 $ 158.35 Principal Engineer $ 105.00 $ 108.15 $ 111.39 $ 114.74 $ 118.18 $ 121.72 Professional Engineer $ 95.00 $ 97.85 $ 100.79 $ 103.81 $ 106.92 $ 110.13 Environmental Professional $ 90.00 $ 92.70 $ 95.48 $ 98.35 $ 101.30 $ 104.33 Registered Geologist $ 90.00 $ 92.70 $ 95.48 $ 98.35 $ 101.30 $ 104.33 Engineer II $ 67.00 $ 69.01 $ 71.08 $ 73.21 $ 75.41 $ 77.67 Engineer 1 $ 62.00 $ 63.86 $ 65.78 $ 67.75 $ 69.78 $ 71.87 Senior Engineering Technician $ 60.10 $ 61.90 $ 63.76 $ 65.67 $ 67.64 $ 69.67 Engineering Technician $ 51.91 $ 53.47 $ 55.07 $ 56.72 $ 58.42 $ 60.18 Registered Land Surveyor $ 81.95 $ 84.41 $ 86.95 $ 89.55 $ 92.24 $ 95.01 Lead Surveyor $ 60.10 $ 61.90 $ 63.76 $ 65.67 $ 67.64 $ 69.67 2 Man Conventional Survey Crew $ 114.74 $ 118.18 $ 121.72 $ 125.38 $ 129.14 $ 133.01 3 Man Conventional Survey Crew $ 136.59 $ 140.69 $ 144.91 $ 149.26 $ 153.73 $ 158.35 Senior Construction Inspector / Materials Tech. $ 53.54 $ 55.15 $ 56.80 $ 58.51 $ 60.26 $ 62.07 Junior Construction Inspector / Materials Tech. $ 43.71 $ 45.02 $ 46.37 $ 47.76 $ 49.19 $ 50.67 Clerical/Administrative $ 32.78 $ 33.77 $ 34.78 $ 35.82 $ 36.90 $ 38.00 Testing Fees: Per Test, Unless Noted Otherwise: Concrete / Asphalt / Masonry: Year ->: 2014-2015 2016 2017 2018 2019 Concrete Mix Design, Testing, report (Sub -Con.) $1,325.00 $1,364.75 $1,405.69 $1,447.86 $1,491.30 Aggregate Base Gradation Design / Spec. for Concrete $ 530.45 $ 546.36 $ 562.75 $ 579.64 $ 597.03 Cylinder - Cube: Cast/Break $ 14.00 $ 15.00 $ 16.00 $ 17.00 $ 18.00 Capping Cylinders (when necessary) $ 10.00 $ 10.50 $ 11.00 $ 11.50 $ 12.00 Masonry Prism - Cast, Cure, Break $ 80.00 $ 82.40 $ 84.87 $ 87.42 $ 90.04 Concrete Coring Varies, based on # & Dia. Nuclear Gage (Per Day): $ 30.00 $ 32.00 $ 34.00 $ 36.00 $ 38.00 Soil (asphalt as applicable): Atterburg Limits (Liquid, Plastic, Plasticity Index) $ 160.00 $ 164.80 $ 169.74 $ 174.84 $ 180.08 One Dimensional Consolidation $ 375.00 $ 386.25 $ 397.84 $ 409.77 $ 422.07 CBR, Single Point, Un -soaked $ 175.00 $ 180.25 $ 185.66 $ 191.23 $ 196.96 CBR, Single Point, Soaked $ 180.00 $ 185.40 $ 190.96 $ 196.69 $ 202.59 Tri -Axial Shear/ Friction Angle $ 450.00 $ 463.50 $ 477.41 $ 491.73 $ 506.48 Constant Head / Falling Head Permeability $ 320.00 $ 329.60 $ 339.49 $ 349.67 $ 360.16 Load Frame Unconfined Compression: $ 150.00 $ 154.50 $ 159.14 $ 163.91 $ 168.83 Relative Density Test (aggregates) $ 185.00 $ 190.55 $ 196.27 $ 202.15 $ 208.22 Dynamic Penetrometer Bearing Values Per Hour: $ 55.00 $ 56.65 $ 58.35 $ 60.10 $ 61.90 Standard Procter $ 185.00 $ 190.55 $ 196.27 $ 202.15 $ 208.22 Modified Procter $ 250.00 $ 257.50 $ 265.23 $ 273.18 $ 281.38 Sieve Analysis Varies, Based on Sample Geotechnical Drilling and Sampling Mobilization of Drill Rig $ 250.00 $ 257.50 $ 265.23 $ 273.18 $ 281.38 Drill Rig Houly Charge (Techs. on Crew Charged Sep.) $ 80.00 $ 82.40 $ 84.87 $ 87.42 $ 90.04 Drilling for Depth to Refusal Only $ 11.00 $ 11.33 $ 11.67 $ 12.02 $ 12.38 Drill & Sample with SS: 1' to 40' Per Ft. $ 14.00 $ 14.42 $ 14.85 $ 15.30 $ 15.76 40' to 60' Per Ft. $ 16.00 $ 16.48 $ 16.97 $ 17.48 $ 18.01 60' to 80' Per Ft. $ 18.00 $ 18.54 $ 19.10 $ 19.67 $ 20.26 80' to 100' Per Ft. $ 20.00 $ 20.60 $ 21.22 $ 21.85 $ 22.51 100'+ Per Ft. Varies, depends on conditions Shelby Tube Sampling: Each: $ 70.00 $ 72.10 $ 74.26 $ 76.49 $ 78.79 Rock Caring $ 55 / ft. (Rock coring may be varied based upon rock material, length of individual cores, & total rack coring requirements) Laboratory Analysis & Report Generation: Dependent upon Job specifics. Additional Notes for Rate Schedule: (Slump, temp, and air content provided at no charge when technician is already in field). Materials charged @ Cost x 1.10; Travel Time is typically charged round trip, and mileage is charged at $0.56 / mile A minimum charge of 3 hours /trip is charged to all job field calls for engineering, surveying, or inspection / testing staff personnel. Specimen retrieval on days following pours or masonry assemblies is charged at the hourly rate for a materials technician. ** GPS or Robotic Survey Crews will be billed as 2 Man Crew where equipment services as labor replacement: Additional Rates for many other test, including Marshall mix design, etc. are furnished based upon number of test required and project specifics. Various Other Test Rates Available upon request: (Mileage rate subject to adjustment based on fuel prices) ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRiMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. , 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or -12- agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https://www.epls.gov/epls/search. do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, thcft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -13- ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Comes now _Chris Koehler as President first being duly sworn, on my oath, (name) (ofacehnld) affirm Koehler Eng & Land Surv. ("Consultant") is enrolled and will continue to participate in a (company name) federal work authorization program in respect to employees that will work in connection with the contracted services related to General Servivices Engineering Contract and any incidental items (&e,c, h project) associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIAPTES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS) In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 5 .040, RSMo). Chris Koehler Signature (person with authority) Printed Name President Title State of Missouri 1 ss. County of { ) une 24th 2014 Date Subscribed and sworn to before me this Z'i day of JG 20e� My commission expires: -14- otary lic i t JENNIFER M. BEUSSINK Notary Public - Note ry Seal State of Missouri 0 MissionedforCape Girardeau Cou�y 6Ry Commission Expires: December OB, 2011 Comml s1onNumber.1ann6. Staff: Bruce W. Loy, Airport Manager Agenda: 7/7/2014 SUBJECT Supplemental Consultant Agreement No. 1 between the City and Crawford, Murphy, and Tilly, Inc. regarding Construction Phase Services to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The City entered into an Agreement with Crawford, Murphy, and Tilly, Inc. (CMT) on April 7, 2014, for the design phase services to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport (original agreement), to include site inspection, design report, construction plans and contract documents necessary for the bidding phase of the project. The attached Supplemental Agreement No. 1 is a supplemental agreement to the original agreement to continue the project for CMT to oversee the Construction Phase Services to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport BACKGROUND/DISCUSSION The Cape Girardeau Regional Airport last painted the entire airfield in 2009 as a part of our East Ramp Renovation Project, funded by American Recovery and Reinvestment Act. As such, some of our airfield markings are in need of removal and repainting. In a recent FAR Part 139 Inspection by the Federal Aviation Administration (FAA), the inspector particularly noted our yellow and black markings associated with the taxiway centerlines and hold bar markings as a discrepancy. As a result, the FAA is mandating we remove and repaint these markings. As noted above, the original agreement with CMT completed the bidding phase of the project. Bids were opened on June 17, 2014, and the recommended, low bidder was Gilmore Construction with a bid of $92,727.80. The attached supplemental agreement #1, for a total of not to exceed $19,040.00, will allow us to continue the project and complete the construction phases services to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport. Combined with the design phase services costs and Gilmore Constructions' bid, the total costs for this project will be $122,839.71. FINANCIAL IMPACT The total cost of the Construction Phase Services is not to exceed $19,040.00. The total costs for this project, including the contractor's expense, is to be funded 90% with MoDOT funding. The City's 10% match for these Construction Phase Services funds will be $1,904.00, with MoDOT funding the remaining $17,136. STAFF RECOMMENDATION It is recommended that the City Council authorize the City Manager to sign and execute the attached Aviation Project Consultant Supplemental Agreement No. 1 -Construction Phase Services with Crawford, Murphy, and Tilley, Inc. for a total amount not to exceed $19,040.00 to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: ❑ Aviation Supplement Crawford Murphy Tilly.doc ❑ Aviation ProjectConsultantSupplementalAgreementNo 1 14-007A-tt1df Description: CMT Resolution CMT Supplemental Agreement #1 airfield marking 14-077A-1 BILL NO. 14-105 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 WITH CRAWFORD, MURPHY, AND TILLY, INC. FOR CONSTRUCTION PHASE SERVICES TO REMOVE AND REPAINT TAXIWAY CENTERLINES AND HOLD LINES AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Aviation Project Consultant Supplemental Agreement No. 1 Construction Services with Crawford, Murphy, and Tilly, Inc. to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport, (Project No. 14-077A-1), 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk Airport Name: Cape Girardeau Regional Project No.: 14-077A-1 County: Scott AVIATION PROJECT CONSULTANT SUPPLEMENTAL AGREEMENT NO. 1 CONSTRUCTION SERVICES THIS SUPPLEMENTAL AGREEMENT NO. 1 for Construction Services is entered into by the City of Cape Girardeau (hereinafter, "Sponsor") and Crawford, Murphy & Tilly, Inc. (hereinafter, "Consultant'). WITNESSETH: WHEREAS, the Sponsor and the Consultant entered into an Agreement on May 1, 2014, to accomplish a project at the Cape Girardeau Regional Airport, (hereinafter, "Original Agreement'); and WHEREAS, the Sponsor and the Consultant now desire to enter into Supplemental Agreement No. 1 to otherwise complete, extend or continue the Original Agreement as provided herein. NOW, THEREFORE, in consideration of the mutual promises, covenants, and representations contained herein the parties agree as follows: (1) SCOPE OF SERVICES: (A) The Services to be provided by the Consultant under Supplemental Agreement No. 1 are additional services which are beyond the scope of services provided in the Original Agreement. These additional professional services are generally described and defined in Section 17 of the Original Agreement and Exhibit II - SA1, which is attached hereto and incorporated herein by reference. (2) FEES AND PAYMENTS: (A) The Consultant shall be reimbursed in accordance with Section (8)(State) or (9)(Federal) of the Original Agreement. (B) The costs of Supplemental Agreement No. 1 shall be in addition to the cost of the Original Agreement. (C) The lump sum fee and maximum amount payable included in Section 9 of the Original Agreement shall remain the same as follows: 1 Rev. 02/01/10 Design & Bidding Phase Services ORIGINAL AMOUNT SUPPLEMENTAL AGREEMENT NO. 1 TOTAL Lump Sum $10,342.51 $0.00 $10,342.51 Max. Fee Payable $11,072.11 $0.00 $11,072.11 (D) For and in consideration of the Construction Phase Administration Services rendered by Consultant, Owner shall pay Consultant direct salaries, overhead, direct expenses, and subconsultant fees plus a fixed fee of $2,150.00 for a total not to exceed amount of $19,040.00. Construction Phase Services ORIGINAL AMOUNT SUPPLEMENTAL AGREEMENT NO. 1 TOTAL Fixed Fee $0.00 $2,150.00 $2,150.00 Max. Fee Payable $0.00 $19,040.00 $19,040.00 (E) Estimated costs for the services in Supplemental Agreement No. 1 are defined in Exhibit IV - SA1 and Exhibit V - SA1, which are attached hereto and incorporated herein by reference. (3) PERIOD OF SERVICE: Exhibit VI, Performance Schedule, of the Original Agreement is hereby revised to include time for the performance of these additional services. The total time to be added to Exhibit VI for completion of these additional services shall be ninety (90) calendar days. The projected completion date shown on Exhibit VI is now revised to thirty (30) calendar days after construction completion, which includes time for performance of all remaining services in the Original Agreement and the services in Supplemental Agreement No. 1 and submittal of all deliverables. (4) DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS: (A) DBE Goal: The following DBE goal has been established for this Supplemental Agreement No. 1. The dollar value of services and related equipment, supplies, and materials used in furtherance thereof which is credited toward this goal will be based on the amount actually paid to DBE firms. The goal for the percentage of services to be awarded to DBE firms is 0% of the total Supplemental Agreement No. 1 dollar value. (B) DBE Participation Obtained by Consultant: The Consultant has obtained DBE participation, and agrees to use DBE firms to complete 0% of the total services to be performed under this Supplemental Agreement No. 1 by dollar value. The DBE firms which the Consultant shall use, and the type and dollar value of the services each DBE will perform, is as follows: 2 Rev. 02/01/10 DBE FIRM NAME, STREET AND COMPLETE MAILING ADDDRESS TYPE OF DBE SERVICE TOTAL $ VALUE OF THE DBE SUBCONTRACT CONTRACT $ AMOUNT TO APPLY TO TOTAL DBE GOAL % OF SUBCONTRACT $ VALUE APPLICABLETO TOTAL GOAL (5) SUBCONSULTANTS: (A) The Consultant agrees that except for those firms and for those services listed below, there shall be no transfer of engineering services performed under this Supplemental Agreement No. 1 without the written consent of the Sponsor. Subletting, assignment, or transfer of the services or any part thereof to any other corporation, partnership, or individual is expressly prohibited. Any violation of this clause will be deemed cause for termination of this Supplemental Agreement No. 1. Exceptions (Subconsultant Information): I FIRM NAME I COMPLETE ADDRESS I NATURE OF SERVICES I 3 Rev. 02/01/10 (6) ORIGINAL AGREEMENT: Except as otherwise modified, amended, or supplemented by this Supplemental Agreement No. 1, the Original Agreement between the parties shall remain in full force and effect and the terms of the Original Agreement shall extend and apply to this Supplemental Agreement No. 1. IN WITNESS WHEREOF, the parties have entered into this Supplemental Agreement No. 1 on the date last written below. Executed by the Consultant this Executed by the Sponsor this CONSULTANT Crawford, Murphy & Tilly, Inc. 0 r_Y40r:61n 0 day of 120 day of 120 SPONSOR City of Cape Girardeau, Missouri r_Y42r:61M Title Title 4 Rev. 02/01/10 EXHIBIT II - SA1 SCOPE OF SERVICES 1. Preliminary a. Prepare copies of the Construction Plans and Project Manual for use by the Contractor during construction. b. Develop a Federal Construction Observation Program in accordance with MoDOT requirements. C. Include a sealed, signed and dated copy of the Construction Observation Program (COP) with this executed Supplemental Agreement. d. Attend and conduct a pre -construction conference. Minutes of the conference will be prepared and distributed to all attendees. 2. Provide construction administration, on-site construction observation, and material(s) testing per the COP: a. Provide construction observation services, including preparation of weekly reports and other reports as required by the COP to document the prosecution and progress of the Project. b. Review shop drawings and material certification submittals as provided by the Contractor. C. Perform material(s) testing (field and laboratory) as required by the COP. d. Respond to field issues throughout the duration of the project. e. Prepare Contractor's progress estimates and Sponsor's request for reimbursement of funds. f. Prepare change orders and supplemental agreements necessary for construction of the project. g. Attend and conduct a final review of the Project with the Sponsor, MoDOT, and the Contractor 3. Project Closeout Phase a. Prepare and submit to the Sponsor and MoDOT one (1) electronic set of record drawings on a compact disc (CD) in .pdf format copied to a single file. b. Prepare and submit to the Sponsor and MoDOT a Final Testing Report as required by the COP. C. Provide MoDOT with all closeout documents as required for project final acceptance. 5 Rev. 02/01/10 EXHIBIT IV - SA1 DERIVATION OF CONSULTANT PROJECT COSTS (CONSTRUCTION) EXHIBIT V - SA1 ENGINEERING CONSTRUCTION SERVICES -COST BREAKDOWN 6 Rev. 02/01/10 EXHIBIT IV - SAI DERIVATION OF CONSULTANT PROJECT COSTS CAPE GIRARDEAU REGIONAL AIRPORT CAPE GIRARDEAU, MISSOURI RE -MARK AIRFIELD CONSTRUCTION PHASE SERVICES June 20. 2014 DIRECT SALARY COSTS: TITLE HOURS RATE/HOUR COST($) Principal o $71.40 $0.00 Senior Project Engineer o 52.70 0.00 Project Manager 27 41.57 1,122.39 Senior Engineer 199 32.38 4,662.72 Engineer o 27.08 0.00 Senior Planner o 30.26 0.00 Planner o 25.34 0.00 Registered Land Surveyor o 37.20 0.00 Senior Technician o 32.26 0.00 Technician 2 24.01 48.02 Clerk/Secretary o 18.23 0.00 173 Total Direct Salary Costs = $5,833.13 LABOR AND GENERAL ADMINISTRATIVE OVERHEAD Percentage of Direct Salary Costs 146.32 % _ $8,535.04 SUBTOTAL: Items 1 and 2 = $14,368.17 PROFIT: 15 % of Item 3 Subtotal = $2,155.22 Rounding = ($5.22) $2,150.00 Lump Sum Fee Subtotal $16,518.17 Rounding B = $1.83 Subtotal $16,520.00 OUT-OF-POCKET EXPENSES: a. Mileage 96o Miles $0.56 /Mile = $537.60 b. Meals to Days $32.00 /Day = $320.00 c. Motel to Nights $77.00 / Night= $770.00 d. Nuclear Density Gaug o Days $40.00 /Day = $0.00 e. Printing and Shipping = $392.40 Total Out -of -Pocket Expenses = $2,020.00 a. Material Testing: Paint & seal coat samples (if need( _ $500.00 b. _ $0.00 C. _ $0.00 _ $500.00 MAXIMUM TOTAL FEE: Items 1, 2, 3, 4, 5 and 6 = $19,040.00 Not to Exceed Exhibit IV - SAI - 1 EXHIBIT IV - SAI DERIVATION OF CONSULTANT PROJECT COSTS CAPE GIRARDEAU REGIONAL AIRPORT CAPE GIRARDEAU, MISSOURI CONSTRUCTION PHASE SERVICES June 20, 2014 Out -of -Pocket Expenses Item Max No. of People Meals Motel Miles Preconstruction Conference 1 0 0 0 Onsite Observation (2 weeks) 1 10 10 720 Final Inspection (P.M.) 1 1 0 240 Punch List Verification 1 0 0 0 TOTAL= 11 10 960 Exhibit IV - SAI - 2 CAPE GIRARDEAU REGIONAL AIRPORT CAPE GIRARDEAU, MISSOURI CONSTRUCTION PHASE SERVICES RE -MARK AIRFIELD Classifia0on: Gress Hourly Rate Principal $202.25 Senior Pmiect Engineer $14928 Protect Manager $11775 Senior Engineer $9172 Engineer $7671 Senior Planner $8572 Planner $7178 Registered Land Surveyor $10538 Senior Technician $9138 Technician $6801 Clerk/ Secretary $5164 Other Costs A. BASIC SERVICES 1. Construction Phase Project Mana amen 4 Prepare Construction Observation Pro ram r000R 2 4 Set up mnsmuction documentation paperwork 6 Attend &conduct preconstruction machine includinq anyone &minutes 2 3 Resist contactor with required subrumals/material can. 1 2 Review shop drawinq submithla'material can American compliance 1 2 Full ime onsite inspection dive 10 hour days per week 10 work days) 100 Weekly travel to jobsite by Resident Observer 9 choice sn on 2 Weare chane orders & pay estimates; reviewrens 2 4 P. M attend final lnsection for entire oect 0 Preparepunch lis& record o(final inaction 1 1 Verifypunch lis completion 1 Record tlawin s Rl plansheets 1 2 2 Final consruction re on 2 10 Final DBE documentation 1 Total hours = 173 Total = $19,04339 0 $000 0 $0.00 27 $3,17937 144 $13,20709 0 $000 0 $000 0 $000 0 $000 0 $000 2 $13603 0 $000 Ic,z,a,asl $2,52000 ROUNDING A+B = SA1 TOTAL = Construction CalenaarDa s=23 $339 $19,000.00 (1) Mileage, Motel and Meals (3) Computer Services (5) Printing and Shipping (2) Equipment Materials and Supplies (4) Vendor Services Staff: Bruce W. Loy, Airport Manager Agenda: 7/7/2014 SUBJECT A contract between the City and Gilmore Construction, LLC to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport. EXECUTIVE SUMMARY The City of Cape Girardeau desires the City Manager to enter into a contract with Gilmore Construction, LLC to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport. BACKGROUND/DISCUSSION The Cape Girardeau Regional Airport last painted the entire airfield in 2009 as a part of our East Ramp Renovation Project, funded by American Recovery and Reinvestment Act. As such, some of our airfield markings are in need of removal and repainting. In a recent FAR Part 139 Inspection by the Federal Aviation Administration (FAA), the inspector particularly noted our yellow and black markings associated with the taxiway centerlines and hold bar markings as a discrepancy. As a result, the FAA is mandating we remove and repaint these markings. In an effort to correct this problem, the City contracted with Crawford, Murphy and Tilley, Inc., (CMT) to complete a design phase for removing and repainting all of the centerline and hold lines at the airport. Bids were opened on June 17, 2014, and the recommended, low bidder was Gilmore Construction with a bid of $92,727.80. The second and only other bidder was Hi -Lite Airfield Services at $105,151.50. FINANCIAL IMPACT Combining Gilmore Construction's bid of $92,727.80 with CMT's design phase services ($11,072.11) and Construction Phase Services costs ($19,040.00), the total costs for this project will be $122,839.71. The total costs for this project is to be funded 90% with MoDOT funding. The City's 10% match for the bid amount of $92,727.80 will cost $9,272.78. The total 10% project share for the City will be $12,283.97. STAFF RECOMMENDATION It is recommended that the City Council authorize the City Manager to sign and execute a contract with Gilmore Construction, LLC for an amount of $92,727.80 to remove and repaint the taxiway centerlines and hold lines at the Cape Girardeau Regional Airport. ATTACHMENTS: Name: ❑ Gilmore Contract Resolution.doc ❑ CGI Marking_ Recommendation of Award.pdf ❑ CGI Marking_ Centerline_ Bid Tab.ldf ❑ CGI Marking Gilmore Proposal.pdf ❑ Gilmore Contract.pdf Description: Gilmore Construction Resolution Recommendation of Award CGI Marking Bid Tabs CGI Marking Gilmore Proposal Gilmore Centerline Agreement BILL NO. 14-106 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AGREEMENT WITH GILMORE CONSTRUCTION, LLC, TO REMOVE AND REPAINT TAXIWAY CENTERLINES AND HOLD LINES AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE CITY 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 Contract Agreement with Gilmore Construction, LLC, to remove and repaint taxiway centerlines and hold lines at the Cape Girardeau Regional Airport, (Project No. 14-077A-1), 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 , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk CMT CRAWFORD, MURPHY & TILLY, INC. C O N S U L T I N G E N G I N E E R S June 30, 2014 Bruce Loy Cape Girardeau Regional Airport Airport Road Cape Girardeau, Missouri 63701 Dear Bruce: Re: RECOMMENDATION OFA WARD Cape Girardeau RegionalAirport Re-MbmkAirfield Stare Project No. 14-077A-1 CMTProjecl No. 144050100 AVIATION • HIGHWAYS & BRIDGES WATER & WASTEWATER • LAND DEVELOPMENT We have reviewed the information on the bids received on June 17, 2014 for the above referenced project Based upon our review ofthe bid proposals, the lowest responsible bidder is: Gilmore Construction, LLC 200 Industrial Dr. Advance, MO 63730 Based upon the Tabulation of Bids, the proposal form and the available funding, CMT recommends that the contract for the above referenced project be awarded to Gilmore Construction, LLC in the amount of $92,727.60. We are submitting with this letter the Tabulation of Bids and Bid Proposal from Gilmore Construction LLC along with a copy of their Bid Deposit Upon the City of Cape Girardeau's concurrence, please send these documents along with the enclosed cover letter to MoDOT for their formal review at the following address: Via U.S. Mail Mr. Darrell Goth Missouri Department of Transportation MoDOT Aviation Section P.O. Box 270 Jefferson City, MO 65102 Via UPS/FedEx Mr. Darrell Goth Missouri Department of Transportation MoDOT Aviation Section 105 West Capitol Ave Jefferson City, MO 65101 Once MoDOT gives their authorization to award, I will send you a copy of the Notice of Award that will need to be sent to the contractor. If you have any questions, do not hesitate to contact me at 314-571-9077 or by e-mail at bhutsell(dcmtener.com. I am also e -mailing you an electronic copy of the letter for you to send to MoDOT in the event you would like to make changes. Sincerely, CRAWFORD/, M� URPPHY &&yT(IIL/L��Y, INC. �1_16k c'-„`i°�"U( Brian Hutsell, PE Project Engineer Enclosures: Cover Letter, Tabulation of Bids, Bid Proposal from Gilmore Construction, Gilmore Construction Statement of Qualifications, List of Subcontractors/Suppliers, Bid Deposit GATEWAY TOWER ONE MEMORIAL DRIVE, SUITE 500 ST. LOUIS, MO 63102 (314) 436-5500 crat.agr.co. 9 § � � k ) � PROPOSAL FORM THE CITY OF CAPE GIRARDEAU, MISSOURI State Block Grant Project No, 14-077A-1 TO: City Clerk/Engineer The undersigned, in compliance with the request for bids for construction of the following Project: REMOVE AND REAMRK TAXIWAY CENTERLINES, HOLD LINES, NON -MOVEMENT BOUNDARIES AND TAXILANE EDGE MARKINGS hereby proposes to fiunish all labor, permits, materiel, machinery, tools, supplies and equipment to faithfully perform all work required for construction of the Project in accordance with the project manual, project drawings and issued Addenda within the specified time of performance for the following prices: BASE BID APPROX. BID FAA or ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENSION ITEM MoDOT AND SPEC. UNITS DOLLARS CTS DOLLARS CTS 1 MO -100 Mobilization 1b, 1g�o rr / 'I II w1a4� Lump Sum r 2 MO -620 Airport Taxiway Pavement 17,120 a Markin(Yellow) SF 1 g 3 MO -620 Airfield PavmetMarking 35600 Is* y61iqc> pp 4 MO -620 Airport Pavement Marking 50,470 SF SO `�° Removal 2S 23S TOTAL BED (Base Bid) *721-727 GO a. By submittal of a proposal, the BIDDER acknowledges and accepts that the quantities established by the OWNER are an approximate estimate of the quantities required to fully complete the Project and that the estimated quantities are principally intended to serve as a basis for evaluation of bids. The BIDDER further acknowledges and accepts that payment under this contract will be made only for actual quantities and that quantities will vary in accordance with the General Provisions.subsection entitled "Alteration of Work and Quantities". b. The BIDDER acknowledges and accepts that the Bid Documents are comprised of the documents identified within the General Provisions. The BIDDER further acknowledges that each the individual documents that comprise the Bid Documents are complementary to one another and together establishes the complete terms, conditions and obligations of the successful BIDDER c. As evidence of good faith in submitting this proposal, the undersigned encloses a bid guaranty in the form of a certified check, cashier's check or bid bond in the amount of 5% of the bid price. The BIDDER acknowledges and accepts that refusal or failure to accept award and execute a contract within the terms and 144 Rcv. 06/05/12 QI furor) conditions established herein will result in forfeiture of the bid guaranty to the owner as a liquidated damage. d. The BIDDER acknowledges and accepts the OWNER'S right to reject any or all bids. e. The BIDDER acknowledges and accepts the OWNER'S right to hold all Proposals for purposes of review and evaluation and not issue a notice -of -award for a period not to exceed silty (60) calendar days from the stated date for receipt of bids. L The undersigned agrees that upon written notice of award of contract, he or she will execute the contract within thirty (30) days of the notice -of -award, and furthermore, and provide executed payment and performance bonds within fifteen (15) days from the date of contract execution. The undersigned accepts that failure to execute the contract and provide the required bonds within the stated timeframe shall result in forfeiture of the bid guaranty to the owner as a liquidated damage. g. Time of Performance: By submittal of this proposal, the undersigned acknowledges and agrees to commence work within.ten (10) calendar days of the date specified in the written "Notice -to -Proceed" as issued by the OWNER The undersigned further agrees to complete the Project within twelve (12) Calendar days from the commencement date specified in the Notice -to -Proceed h. The undersigned acknowledges and accepts that for each and every Calendar day the project remains incomplete beyond the contract time of performance, the Contractor shall pay the non penal amount of $750.00 (Seven Hundred Fifty Dollars) per Calendar day as a liquidated damage to the OWNER- 1. WNER 1. The undersigned prime contractor, if not a MoDOT certified DBE, hereby assures that they will subcontract a minimum of zero (0) percent of the dollar value of the prime contract to DBE firms or make good faith efforts to meet the DBE contract goal. In addition, the prime contractor will include the DBE clauses (see Supplementary Provision No. 6 of the Federal and State Provisions) required by the DBE Program adopted by MoDOT and the city in all contracts and subcontracts relating to this project The undersigned will complete the DBE Participation information included herein, when a DBE goal has been established, including a demonstration of good faith efforts if the DBE goal is not met. If the undersigned prime contractor is a MoDOT certified DBE firm, then the prime contractor must perform at least thirty percent (30%) of the total contract value work with its own forces, and will receive DBE credit for all work which the prime contractor and any other MoDOT certified DBE firm performs directly. J. The BIDDER, by submission of a proposal, acknowledges that award of this contract is subject to the provisions of the David Bacon Act and the Missouri Prevailing Wage Law. The BIDDER accepts the requirement to pay prevailing wages for each classification and type of worker as established in the attached wage rate determinations as issued by the United States Department of Labor and the Missouri Division of Labor Standards. The BIDDER further acknowledges and accepts their requirement to incorporate the provision to pay the established prevailing wages in every subcontract agreement entered into by the Bidder under this project. The highest rate between the two (Federal and State) for each job classification shall be considered the prevailing wage. k Compliance Reports (41 CFR Part 60-1.7): Within 30 days atter award of this contract, the Contractor/Subcontractor shall file a compliance report (Standard Form 100) if s/he has not submitted a complete compliance report within 12 months proceeding the date of award. This report is required if the Contractor/Subcontractor meets all of the following conditions: 1. Contractors/Subcontractors are not exempt based on 41 CFR 60-1,5. 2. Has 50 or more employees. 3. Is a prime contractor or first tier subcontractor. 4. There is a contract, subcontract, or purchase order amounting to $50,000 or more L The undersigned acknowledges receipt of the following addenda: 145 Rev. 06/05/12 (Minor) Addendum No. Mone. . dated Date Received Addendum No. dated Date Received Addendum No. dated Date Received Addendum No. dated Date Received Addendum No. dated Date Received REPRESENTATIONS BY BIDDER By submittal of a proposal (bid), the BIDDER represents the following: a. The BIDDER has read and thoroughly examined the bid documents including all authorized addenda. b. The BIDDER has a complete understanding of the terms and conditions required for the satisfactory performance of project work a The BIDDER has fully informed themselves of the project site, the project site conditions and the surrounding area. d. The BIDDER has familiarized themselves of the requirements of working on an operating airport and understands the conditions that may in any manner affect cost, progress or performance of the work e. The BIDDER has correlated their observations with that of the project documents. C The BIDDER has found no errors, conflicts, ambiguities or omissions in the project documents, except as previously submitted in writing to the owner that would affect cost, progress or performance of the work. g. The BIDDER is familiar with all applicable Federal, State and local laws, rules and regulations pertaining to execution of the contract and the project work h. The BIDDER has complied with all requirements of these instructions and the associated project documents. a. The undersigned hereby declares and certifies that the only parties interested in this proposal are named herein and that this proposal is made without collusion with any other person, firm or corporation. The undersigned further certifies that no member, officer or agent of OWNER'S has direct or indirect financial interest in this proposal. b. Certification of Nonsegregated Facilities (41 CFR Part 60-1.8) The BIDDER, as a potential federally -assisted construction contractor, certifies that it does not maintain or provide, for its employees, any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The BIDDER certifies that it will not maintain or provide, for its employees, segregated facilities at any of its establishments and that it will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity Clause, which is to be incorporated in the contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The Bidder agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that it will retain such certifications in its files. c. Trade Restriction Certification (49 CFR Part 30) 146 Rev. 06/06/12 (Minor) The Bidder, by submission of an offer certifies that it: I. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); 2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one or more citizens or nationals of a foreign country on said list; 3. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. d. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (49 CFR Part 29) The Bidder certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the Bidder or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal, e. Buy American Certification: (Title 49 U.S.C. Chapter 501) As a condition of bid responsiveness, the bidder must certify its compliance with the Buy American preferences established under Title 49 U.S.C. Section 50101. Bidders must complete the Buy American certification as follows: Buy American Certification (Title 49 U.S.C. Section 50101) U.S.C. Section 50101- Buying goods produced in the United States (a) Preference. - The Secretary of Transportation may obligate an amount that may be appropriated to carry out section 106(k), 44502(a)(2), or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title for a project only if steel and manufactured goods used in the project are produced in the United States. (b) Waiver. - The Secretary may waive subsection (a) of this section if the Secretary finds that - (1) , Applying subsection (a) would be inconsistent with the public interest; (2) The steel and goods produced in the United States are not produced in a sufficient and reasonably available amount or are not of a satisfactory quality; (3) When procuring a facility or equipment under section 44502(a)(2) or 44509, subchapter I of chapter 471 (except section 47127), or chapter 481 (except sections 48102(e), 48106, 48107, and 48110) of this title - (A) The cost of components and subcomponents produced in the United States is more than 60 percent of the cost of all components of the facility or equipment; and (B) Final assembly of the facility or equipment has occurred in the United States; or (4) Including domestic material will increase the cost of the overall project by more than 25 percent. 147 Rev. 06/05/12 (Mina) (c) Labor Costs. - In this section, labor costs involved in final assembly are not included in calculating the cost of components. The Bidder must select the appropriate certification for its proposal from one of the following statements: u The bidder hereby certifies that they will comply with Title 49 U.S.0 Section 50101 by only installing steel and manufactured products produced in the United States of America. ❑ The bidder hereby certifies that they cannot fully comply with the Buy American preferences of Title 49 U.S.0 Section 50101(a) and therefore requests a waiver per Title 49 U.S.0 Section 50101(b) for the items listed below. I ComponenUI Country of Origin I Total Component Cost in iteI Total All Components in Project] m u.,.;o..t P J NOTES: All requested information must be submitted for each individual productlitem waiver request. All steel used in this project must be produced in the USA. Regional waivers will not be issued for steel not produced in the USA. All products, equipment, things requiring assembly must be assembled in the USA. Regional waivers will not be issued for products, equipment, etc. not final assembled in the USA. The Owner will submit any requested waiver by the apparent low bidder to the FAA for a determination of AIP eligibility. Bidders are hereby advised there is no implied or expressed guarantee that a requested waiver will be approved by the Owner or the Federal Aviation Administration £ Compliance with the Work Authorization Law (as required by Section 285530, Revised Statues of Missouri) For all contracts where the total bid amount is in excess of $100,000 (local match in excess of $5,000), the Bidder, by submission of an offer and by signing the Worker Eligibility Verification Affidavit for All Contract Agreements in Excess of $100,000, certifies that it: 1. does not knowingly employ any person who is an unauthorized alien in connection with the contracted services; 2. has enrolled and actively participates in a federal work authorization program; 148 Rev. 06/05/12 (&mor) A general contractor or subcontractor of any tier shall not be liable under sections 285.525 to 285.550 when such general contractor or subcontractor contracts with its direct subcontractor who violates subsection 1 of this section, if the contract binding the contractor and subcontractor affirmatively states that the direct subcontractor is not knowingly in violation of subsection I of this section and shall not henceforth be in such violation and the contractor or subcontractor receives a sworn affidavit under the penalty of perjury attesting to the fact that the direct subcontractor's employees are lawfully present in the United States. 149 Rev. 06/05/12 (Minor) FORM OF CONTRACT AGREEMENT (SPONSOR NAME) State Block Grant Project No. {MoDOT PROJECT NUMBERI THIS AGREEMENT, made as of this BY AND BETWEEN the OWNER: Name: Address: day of , 20 , is THE CITY OF CAPE GIRARDEAU, MISSOURI 210 WEST WASHINGTON STREET City/State/Zip Code: CAPE GIRARDEAU, MISSOURI 63703 And the CONTRACTOR: Name: Address: City/State/Zip Code: WITNESSETH: WHEREAS it is the intent of the Owner to make improvements at THE CAPE GIRARDEAU REGIONAL AIRPORT generally described as follows; {BRIEF AND CONCISE DESCRIPTION OF PROJECT}. hereinafter referred to as the Project. NOW THEREFORE in consideration of the mutual covenants hereinafter set forth, OWNER and CONTRACTOR agree as follows: Article 1 — Work It is hereby mutually agreed that for and in consideration of the payments as provided for herein to the CONTRACTOR by the OWNER, CONTRACTOR shall faithfully furnish all necessary labor, equipment, and material and shall fully perform all necessary work to complete the Project in strict accordance with this Contract Agreement and the Contract Documents. Article 2 — Contract Documents CONTRACTOR agrees that the Contract Documents consist of the following: this Agreement, General Provisions, Supplementary Provisions, Specifications, Drawings, all issued addenda, Notice -to -Bidders, Instructions -to -Bidders, Proposal and associated attachments, Performance Bond, Payment Bond, Wage Rate Determinations, Insurance certificates, documents incorporated by reference, documents incorporated by attachment, and all OWNER authorized change orders issued subsequent to the date of this agreement. All documents comprising the Contract Documents are complementary to one another and together establish the complete terms, conditions and obligations of the CONTRACTOR. All said Contract Documents are incorporated by reference into the Contract Agreement as if fully rewritten herein or attached thereto. Article 3 — Contract Price In consideration of the faithful performance and completion of the Work by the CONTRACTOR in accordance with the Contract Documents, OWNER shall pay the CONTRACTOR an amount equal to: subject to the following; (Amount in Written Words) 144 (Amount in Numerals) Rev. 06/05/12 (Minor) a. Said amount is based on the schedule of prices and estimated quantities stated in CONTRACTOR'S Bid Proposal, which is attached to and made a part of this Agreement; b. Said amount is the aggregate sum of the result of the CONTRACTOR'S stated unit prices multiplied by the associated estimated quantities; c. CONTRACTOR and OWNER agree that said estimated quantities are not guaranteed and that the determination of actual quantities is to be made by the OWNER'S ENGINEER; d. Said amount is subject to modification for additions and deductions as provided for within the Contract General Provisions. Article 4 — Payment Upon the completion of the work and its acceptance by the OWNER, all sums due the CONTRACTOR by reason of faithful performance of the work, taking into consideration additions to or deductions from the Contract price by reason of alterations or modifications of the original Contract or by reason of "Extra Work" authorized under this Contract, will be paid to the CONTRACTOR by the OWNER after said completion and acceptance. The acceptance of final payment by the CONTRACTOR shall be considered as a release in full of all claims against the OWNER, arising out of, or by reason of, the work completed and materials furnished under this Contract. OWNER shall make progress payments to the CONTRACTOR in accordance with the terms set forth in the General Provisions. Progress payments shall be based on estimates prepared by the ENGINEER for the value of work performed and materials completed in place in accordance with the Contract Drawings and Specifications. Progress.payments are subject to retainage requirements as set forth in the General Provisions. Article 5 — Contract Time The CONTRACTOR agrees to commence work within ten (10) calendar days of the date specified in the OWNER'S Notice -to -Proceed. CONTRACTOR further agrees to complete said work within {NUMBER OF DAYS) of the commencement date stated within the Notice -to -Proceed. It is expressly understood and agreed that the stated Contract Time is reasonable for the completion of the Work, taking all factors into consideration. Furthermore, extensions of the Contract Time may only be permitted by execution of a formal modification to this Contract Agreement in accordance with the General Provisions and as approved by the OWNER. Article 6 — Liquidated Damages The CONTRACTOR and OWNER understand and agree that time is of essence for completion of the Work and that the OWNER will suffer additional expense and financial loss if said Work is not completed within the authorized Contract Time. Furthermore, the CONTRACTOR and OWNER recognize and understand the difficulty, delay, and expense in establishing the exact amount of actual financial loss and additional expense. Accordingly, in place of requiring such proof, the CONTRACTOR expressly agrees to pay the OWNER as liquidated damages the non -penal sum of ${DOLLAR AMOUNT) per day for each calendar day required in excess of the authorized Contract Time. Furthermore, the CONTRACTOR understands and agrees that; a. the OWNER has the right to deduct from any moneys due the CONTRACTOR, the amount of said liquidated damages; b. the OWNER has the right to recover the amount of said liquidated damages from the CONTRACTOR, SURETY or both. Article 7 — CONTRACTOR'S Representations The CONTRACTOR understands and agrees that all representations made by the CONTRACTOR within the Proposal Form shall apply under this Agreement as if fully rewritten herein. Article 8 — CONTRACTOR'S Certifications 11 11 a F I I 145 Rev. 06/05/12 (Minor) I C The CONTRACTOR understands and agrees that all certifications made by the CONTRACTOR within the Proposal shall apply under this Agreement as if fully rewritten herein. The CONTRACTOR further certifies the following; a. Certification of Eligibility (29 CFR Part 5.5) i. By Entering into this contract, the CONTRACTOR certifies that neither he or she nor any person or firm who has an interest in the CONTRACTOR'S firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(I); u. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1); iii: The penalty for making false statements is prescribed in the U.S. Criminal Code 18 U.S.C. b. Certification 0f Non -Se re ated Facilities (41 CFR Part 60-1.8) The federally -assisted construction CONTRACTOR, certifies that it does not maintain or provide, for its employees, any segregated facilities at any of its establishments and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The BIDDER certifies that it will not maintain or provide, for its employees, segregated facilities at any of its establishments and that it will not permit its employees to perform their services at any location under its control where segregated facilities are maintained. The Bidder agrees that a breach of this certification is a violation of the Equal Opportunity Clause, which is to be incorporated in the contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms, and washrooms, restaurants and other eating areas, timeclocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated on the basis of race, color, religion, or national origin because of habit, local custom, or any other reason. The Bidder agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause and that it will retain such certifications in its files. Article 9—Miscellaneous a. CONTRACTOR understands that it shall be solely responsible for the means, methods, techniques, sequences and procedures of construction in connection with completion of the Work; b. CONTRACTOR understands and agrees that it shall not accomplish any work or fpm sh any materials that are not covered or authorized by the Contract Documents unless authorized in writing by the OWNER at ENGINEER;or c. The rights of each party under this Agreement shall not be assigned or transferred to any other person, entity, firm or corporation without prior written consent of both parties; d. OWNER and CONTRACTOR each bind itself, their partners, successors, assigns and legal representatives to the other party in respect to all covenants, agreements, and obligations contained in the Contract Documents. Article 10 — OWNER'S Representative The OWNER'S Representative, herein referred to as ENGINEER, is defined as follows: CRAWFORD, MURPHY & TILLY, INC. ONE MEMORIAL DRIVE, SUITE 500 ST. LOUIS, MISSOURI 63102 Said ENGINEER will act as the OWNER'S representative and shall assume all rights and authority assigned to the ENGINEER as stated within the Contract Documents in connection with the completion of the Project Work. IN WITNESS WHEREOF, OWNER and CONTRACTOR have executed five (5) copies of this Agreement on the day and i year fust noted herein. 146 Rev. 06/05/12 (Minor) OWNER Name: Address: By: Signature Title of Representative ATTEST: By: Signature Title y 147 CONTRACTOR Name: Address: By: Signature Title of Representative ATTEST By: Signature Title Rev. 06/05/12 (Minor) Staff: W. Eric Cunningham, City Agenda: Attorney 7/7/2014 SUBJECT An Ordinance providing for the extension of a sales tax in the amount of one-eighth of one percent (1/8 of 1%) for the purpose of providing revenues for the operation of the Cape Girardeau Municipal Fire Department, and calling an election in the City of Cape Girardeau, Missouri, on the question of whether to extend such sales tax. EXECUTIVE SUMMARY The City of Cape Girardeau currently imposes a one-quarter of one percent (1/4 of 1%) sales tax for the purpose of providing revenues for the operation of the Cape Girardeau Municipal Fire Department. One-eighth of one percent (1/8 of 1%) of that fire sales tax does not have a sunset provision, but the other one-eighth of one percent (1/8 of 1%) is currently set to expire on December 31, 2014. This proposed Ordinance re -imposes the portion of the sales tax which is set to expire, and calls an election on November 4, 2014, for the purpose of approving that extension. BACKGROUND/DISCUSSION On March 1, 2004, the Cape Girardeau City Council adopted Ordinance No. 3295 providing for a one-quarter of one percent (1/4 of 1%) sales tax for the purpose of providing revenues for the operation of the Cape Girardeau Municipal Fire Department. The Ordinance provided that one-eighth of one percent (1/8 of 1%) of this tax would expire on December 31, 2014, and it called for a City election to approve the imposition of that tax on June 8, 2004. That tax was subsequently approved by the voters at the election held on that date. One-eighth of one percent (1/8 of 1%) of the aforementioned fire sales tax does not have a sunset provision, and that portion will not need to be reauthorized by the City voters. However, the other one-eighth of one percent (1/8 of 1%) is currently set to expire on December 31, 2014. The attached Ordinance re -imposes the portion of this sales tax which is currently set to expire, and calls an election on November 4, 2014, for the purpose of approving that extension. The approval of the proposition will authorize the extension of this existing portion of the fire sales tax beyond its December 31, 2014, expiration date, but will not result in any increase in the amount of the tax. Further, if the extension is approved on the November 4, 2104 election date, there will be a lapse of one calendar quarter in the collection ofthe fire sales tax. Chapter 144 of the Revised Statutes of Missouri provides that when a sales tax measure has been approved by the voters, it becomes effective on the first day of the second calendar quarter following the election. This would mean that the extended portion of the tax would take effect on April 1, 2015. STAFF RECOMMENDATION City Staff recommends that the City Council approve this Ordinance providing for the extension of the one- eighth of one percent (1/8 of 1%) portion of the fire sales tax which is currently set to expire on December 31, 2014, and calling an election in the City on that question on November 4, 2014. ATTACHMENTS: Name: Description: ❑ Fire Sales Tax -November 2014.doc Fire Tax - November 2014 Ordinance BILL NO. 14-93 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXTENSION OF A SALES TAX IN THE AMOUNT OF ONE-EIGHTH OF ONE PERCENT FOR THE PURPOSE OF PROVIDING REVENUES FOR THE OPERATION OF THE CAPE GIRARDEAU MUNICIPAL FIRE DEPARTMENT, AND CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER TO EXTEND SUCH SALES TAX WHEREAS, the City Council of the City of Cape Girardeau, Missouri (the "City") currently imposes a sales tax of one- quarter of one percent pursuant to Section 321.242 et seq. of the Revised Statutes of Missouri, as amended, for the purpose of providing revenues for the operation of the Cape Girardeau Municipal Fire Department; and WHEREAS, one-half of the City's aforementioned fire sales tax, i.e., one-eighth of one percent, is currently set to expire on December 31, 2014; and WHEREAS, the City Council desires to place a proposition on the November 4, 2014, ballot to extend the imposition of the one-eighth of one percent portion of the sales tax which is currently set to expire on December 31, 2014, for the purpose of providing revenues for the operation of the Cape Girardeau Municipal Fire Department; and WHEREAS, the approval of the proposition will authorize the extension of this existing portion of the fire sales tax beyond its December 31, 2014, expiration date, 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 one-eighth of one percent portion of the fire sales tax which is currently scheduled to expire on December 31, 2014, upon all sellers within the City of Cape Girardeau, Missouri, for the privilege of engaging in the business of selling tangible personal property or rendering taxable services at retail, which are subject to taxation under the provisions of Section 144.010 to 144.525, inclusive, of the Revised Statutes of Missouri, including of all sales of metered water services, electricity, electrical current and natural, artificial or propane gas, wood, coal, or home heating oil for domestic use pursuant to Section 144.032, for the purpose of providing revenues for the operation of the Cape Girardeau Municipal Fire Department, which said sales tax extension shall expire on December 31, 2035. Section 2. The extension of the imposition of the one- eighth of one percent sales tax referred to in Section 1 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, and shall be in addition to the other one-eighth of one percent fire sales tax currently in effect in the City which is not subject to an expiration date, and will result in a total fire sales tax of one-quarter of one percent. Section 3. An election is hereby ordered to be held in the City of Cape Girardeau, Missouri, on Tuesday, November 4, 2014, on the following proposition: PROPOSITION Shall the City of Cape Girardeau, Missouri, extend the imposition of the City's existing fire sales tax of one-eighth of one percent (1/8 of 1%) beyond its current expiration date for the purpose of providing revenues for the operation of the Cape Girardeau Municipal Fire Department? This one-eighth of one percent (1/8 of 1%) sales tax extension shall expire on December 31, 2035. YES [ ] NO [ ] Section 4. The form of the Notice of Election for said election, a copy of which is attached hereto and made a part hereof, is hereby approved. Section 5. The City Clerk is hereby authorized and directed to notify the County Clerk of Cape Girardeau County, Missouri, of the adoption of this Ordinance no later than 5:00 p.m. on Tuesday, August 26, 2014, 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. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. Section 7. This Ordinance shall be in full force and effect ten (10) days after its passage and approval. PASSED and APPROVED this day of , 2014. (SEAL) Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 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 Tuesday, November 4, 2014, commencing at 6:00 a.m. and closing at 7:00 p.m., on the proposition contained in the following sample ballot: OFFICIAL BALLOT SPECIAL ELECTION CITY OF CAPE GIRARDEAU, MISSOURI TUESDAY, NOVEMBER 4, 2014 Shall the City of Cape Girardeau, Missouri, extend the imposition of the City,s existing fire sales tax of one-eighth of one percent (1/8 of 1%) beyond its current expiration date for the purpose of providing revenues for the operation of the Cape Girardeau Municipal Fire Department? This one-eighth of one percent (1/8 of 1%) sales tax extension shall expire on December 31, 2035. 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 levy and collection of a one-eighth of one percent (1/8 of 1%) sales tax in addition to the other sales taxes provided for by law on all retail sales made in the City that are subject to taxation. The election will be held at the following polling places in the City: PRECINCT POLLING PLACE DATED: 1 1 2014. County Clerk of Cape Girardeau County, Missouri Staff: Casey Brunke P.E., City Engineer Agenda: 7/7/2014 SUBJECT Ordinance to amend Traffic Schedule T of Section 26-260 of the City Code by establishing handicapped parking along a portion of Rose Street. EXECUTIVE SUMMARY Ordinance to amend Schedule T of Section 26-260 by establishing handicapped parking along a portion of Rose Street in front of 1435 Rose Street. The handicap stall is proposed to be located along the south curbline of Rose, 380 feet west from West End and 15 feet east of afire hydrant located between 1435 and 1441 Rose. BACKGROUND/DISCUSSION City staff was contacted by the property owners of 1435 Rose to request a handicap parking stall on Rose Street. After evaluation, the property and street met certain criteria for a handicap parking stall. The property at 1435 Rose does not have a driveway nor is there space to install a driveway. On -street parking is allowed on Rose and the property owners of 1435 Rose have a handicap placard. There is no area on the private property suitable for loading/unloading of handicap persons. Residences along Rose are located on narrow lots with narrow or no driveways with many vehicles parked on the street. FINANCIAL IMPACT The changing of the traffic schedule will require no direct funding but will require signage and pavement markings to be installed by Public Works. STAFF RECOMMENDATION Staff Recommends that the City Council amend Schedule T of the Traffic Ordinance to establish handicap parking along a portion of Rose Street. ATTACHMENTS Name: Description: ❑ Rose_ Street_ Handicapped Parking Ord.doc Rose Street Schedule T ❑ Rose Ordinance Info HC Parking Stall.doc Rose Handicap Stall Ord Info ❑ Rose HC Parking StalLpdf Location Map BILL NO. 14-101 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, BY ESTABLISHING HANDICAPPED PARKING ALONG A PORTION OF ROSE 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 T of Section 26-260 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing handicapped parking along a portion of Rose Street, in the City of Cape Girardeau, Missouri, at the following location: Rose Street, south side, beginning at a point 380 feet west of the intersection of Rose Street and West End Boulevard, and continuing westward for a distance of 20 feet along the south curb line of Rose Street and then terminating. ARTICLE 2. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 3. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. PASSED AND APPROVED THIS DAY OF Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2014. New Ordinance Info Section 26-260 Schedule T — Handicapped Parking Rose Street, south side, beginning at a point 380 feet west of the intersection of Rose Street and West End Boulevard, and continuing westward for a distance of 20 feet along the south curb line of Rose Street and then terminating. City of Cape Girardeau Proposed Amendment to Traffic Schedule T N Legend W+E Street Centerlines S L J Parcel Lines Staff: Ryan Shrimplin, AICP - City Agenda: Planner 7/7/2014 SUBJECT An Ordinance granting a Special Use Permit to Shiloh, LLC, for purposes of establishing a residential use on the first floor street frontage at 915 Broadway, in the City and County of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance grants a Special Use Permit for a residential use on the first floor street frontage at 915 Broadway, which is in the DCC (Downtown Commercial Corridor) Overlay District. A public hearing to consider the Special Use Permit request is on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been submitted for a Special Use Permit at 915 Broadway. The property is zoned CBD (Central Business District) with the DCC (Downtown Commercial Corridor) Overlay. The applicant is proposing to renovate the existing building and convert it into an office and an apartment. The DCC regulations require a Special Use Permit for a residential use on the first floor street frontage of the building. The applicant has submitted drawings showing the proposed scope of work. The wall openings on the north and west sides of the building are proposed to be modified per the attached rendering. The entrance to the apartment will be on the west side of the building and will be screened with a wall. An awning is proposed to be added on the office side of the north elevation. On the apartment side, decorative beams are proposed. The window and door frames, as well as the awning, will be black painted metal. The decorative beams will be black painted metal or wood with a cedar finish. The applicant wishes to maintain the weathered brick finish as shown in the photo of the existing building. A brick patio/walkway and an integrated planter will be added as well. The paved parking area in the front and side yards is to be removed and replaced with new concrete. The existing gravel parking area in the rear yard will be maintained. A wood privacy fence was recently installed in the side and rear yards along the east and south property lines. The applicant is proposing a black chain link fence along the west property line. Variances are shown for the width of the street landscaping strip (10' minimum is required; 7' is proposed), the percentage of overall site landscaping (15% minimum is required; 10% is proposed), and for the height of the proposed fence and railing in the front yard (3' maximum is required; 4' is proposed). City staff supports all three variances due to the unique conditions of the site, including the lack of existing landscaped area and the close proximity of the building to the street and other buildings. Certified copies of the application, application file, and the following applicable sections of the Zoning Ordinance are attached: Section 30-355 lists a residential use on the first floor street frontage as a special use in the DCC (Downtown Commercial Corridor) Overlay District. Section 30-401 contains the requirements for Special Use Permits. A public hearing to consider the Special Use Permit request is on this agenda as a separate item. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS See attached staff report for analysis. STAFF RECOMMENDATION Staff recommended approval of the Special Use Permit request to the Planning and Zoning Commission (including the variances) with the conditions in the attached staff report. The staff conditions are included in the proposed ordinance. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on June 11, 2014 and recommended approval of the Special Use Permit request (including the variances) with the staff conditions by a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH A notice of the City Council's public hearing was advertised in the Southeast Missourian on June 15, 2014. In addition, a sign containing the date, time, location, and subject of the public hearing was posted on the property. ATTACHMENTS Name: Description: ❑ Shiloh -915 Broadway SUP.doc 915 Broadway SUP ❑ Staff _Review-Referral-Adion_Form.W 915 Broadway - Staff RRA Form ❑ Staff Report P Z SUP 915 Broadway Residence in Front Street LeveIRT 915 Broadway - Staff Report ❑ Staff _Report ADDENDUM P Z SUP 915 Broadway Residence in Front_ Street_Level.pdf 915 Broadway- Staff Report Addendum ❑ 915 Broadway- Aerial_Map.pdf ❑ 915 Broadway- SUP Applicationg! ❑ 915 BROADWAY-4-22-14.Ipg ❑ 915 Broadway Scheme 6 - Parking _V6B.jpy ❑ 915 Broadway Scheme 6 - Parking_Final.ldf ❑ 915 Broadway Plan.ldf ❑ DCC.pdf ❑ Sec 30-401 Special Use Permits.p 915 Broadway - Map 915 Broadway - SUP Application 915 Broadway - Existing Building 915 Broadway - Rendering 915 Broadway - Site Plan 915 Broadway - Floor Plan Section 30-355 DCC Downtown Commercial Corridor Overlay District Section 30-401 Special Use Permits BILL NO. 14-104 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHILOH, LLC, FOR PURPOSES OF ESTABLISHING A RESIDENTIAL USE ON THE FIRST FLOOR STREET FRONTAGE AT 915 BROADWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Shiloh, LLC is the owner of certain property on which it desires to establish a residential use on the first floor street frontage at 915 Broadway, in the City and County of Cape Girardeau, Missouri; and WHEREAS, the proposed location of said residential use is 915 Broadway, Cape Girardeau, Missouri, which property is presently zoned CBD, Central Business District with the DCC, Downtown Commercial Corridor Overlay District; and WHEREAS, a Special Use Permit is required for said use in the CBD, Central Business District with the DCC, Downtown Commercial Corridor Overlay District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council, having duly considered the application, finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for the purpose of establishing a residential use on the first floor street frontage at 915 Broadway, located on the following described property: PART OF LOT TWELVE (12) OF SLOAN'S SUBDIVISION OF OUTLOTS C, D, E, AND 9 IN THE CITY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12 ON THE SOUTH LINE OF BROADWAY STREET, AND RUN SOUTH, WITH LOTS 11 AND 12 OF SLOAN'S SUBDIVISION 95.7 FEET, THENCE WEST, 84.5 FEET, THENCE NORTH 106 FEET TO THE SOUTH LINE OF BROADWAY STREET, AND THENCE EASTWARDLY WITH THE SOUTH LINE OF BROADWAY STREET, 85 FEET, MORE OR LESS, TO PLACE OF BEGINNING. is hereby granted to Shiloh, LLC, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri. ARTICLE 3. Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk Exhibit A SPECIAL USE PERMIT Shiloh, LLC is hereby granted a Special Use Permit for the purpose of establishing a residential use on the first floor street frontage, located at 915 Broadway, in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: PART OF LOT TWELVE (12) OF SLOAN'S SUBDIVISION OF OUTLOTS C, D, E, AND 9 IN THE CITY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12 ON THE SOUTH LINE OF BROADWAY STREET, AND RUN SOUTH, WITH LOTS 11 AND 12 OF SLOAN'S SUBDIVISION 95.7 FEET, THENCE WEST, 84.5 FEET, THENCE NORTH 106 FEET TO THE SOUTH LINE OF BROADWAY STREET, AND THENCE EASTWARDLY WITH THE SOUTH LINE OF BROADWAY STREET, 85 FEET, MORE OR LESS, TO PLACE OF BEGINNING. This Special Use Permit is granted upon the condition that the Applicant be bound by all City ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. The special use shall meet all applicable requirements of the Zoning Ordinance and the Development Code except for the variances approved as a part of this permit. 2. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 3. Major modifications to the special use shall require the approval of the City Council. 4. This permit is not transferable without the consent of the City Council. 3 IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 2014. Scott A. Meyer City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this day of , 2014, before me appeared Scott A. Meyer, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Shonda Lancaster, Notary Public My Commission Expires: B! Exhibit B CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , 2014, the Cape Girardeau City Council considered the application for a Special Use Permit dated filed by Shiloh, LLC, for property located at 915 Broadway, Cape Girardeau, MO for the purpose of establishing a residential use on the first floor street frontage. In examining this application, the following factors were considered and found as noted: The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-401 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City 61 Yes No N/A City Council Findings: The Proposed Special Use Permit, with the Stated Conditions, would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood; X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. X 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-401 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City 61 Exhibit A SPECIAL USE PERMIT Shiloh, LLC is hereby granted a Special Use Permit for the purpose of establishing a residential use on the first floor street frontage, located at 915 Broadway, in the City and County of Cape Girardeau, Missouri, on the following described property for an indefinite period of time: PART OF LOT TWELVE (12) OF SLOAN'S SUBDIVISION OF OUTLOTS C, D, E, AND 9 IN THE CITY OF CAPE GIRARDEAU, MISSOURI, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12 ON THE SOUTH LINE OF BROADWAY STREET, AND RUN SOUTH, WITH LOTS 11 AND 12 OF SLOAN'S SUBDIVISION 95.7 FEET, THENCE WEST, 84.5 FEET, THENCE NORTH 106 FEET TO THE SOUTH LINE OF BROADWAY STREET, AND THENCE EASTWARDLY WITH THE SOUTH LINE OF BROADWAY STREET, 85 FEET, MORE OR LESS, TO PLACE OF BEGINNING. This Special Use Permit is granted upon the condition that the Applicant be bound by all City ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. The special use shall meet all applicable requirements of the Zoning Ordinance and the Development Code except for the variances approved as a part of this permit. 2. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 3. Major modifications to the special use shall require the approval of the City Council. 4. This permit is not transferable without the consent of the City Council. P IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 2014. Scott A. Meyer City Manager ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ss. COUNTY OF CAPE GIRARDEAU On this day of , 2014, before me appeared Scott A. Meyer, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: Shonda Lancaster, Notary Public ri Exhibit B CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , 2014, the Cape Girardeau City Council considered the application for a Special Use Permit dated filed by Shiloh, LLC, for property located at 915 Broadway, Cape Girardeau, MO for the purpose of establishing a residential use on the first floor street frontaae. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use Permit, with the Stated Conditions, would: 1. Substantially increase traffic hazards or congestion 2. Substantially increase fire hazards 3. Adversely affect the character of the neighborhood; or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community 5. Overtax public utilities. 6. Be in conflict with the comprehensive city plan The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-401 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved X Denied Approved with conditions specified on attached Special Use Permit (SEAL) ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI E.] CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Special Use Permit ANIM Application FILE NO. 1304 LOCATION: 915 Broadway STAFFREVIEW & COMMENTS: Shiloh, LLC is requesting a SUP to allow a residence in the front of the building at 915 Broadway. SEE STAFF REPORT FOR FURTHER INFORMATION. aL City Pl—V City ALto 'ey City Manager Date k 4j Date Date Planning & Zoning Commission Public Hearing Posting Date: S-7-1+ Public Hearing Date: 05/14/14 RECOMMENDED ACTION COMMENTS: CITIZENS COMMENTING AT MEETING: Favor Oppose Abstain ❑ ❑ ❑ ❑ ❑ lyd ❑ ❑ ❑ ❑ Abstain (Q` `` — C — (—) C='bpi- 3 19 _,'9— �1- f>t /% r, Randy Kluge Planning & Zoning Commission Secretary City Council Action Public Hearing Posting Date: Public Hearing Date: Ordinance Is' Reading rl — rl — 14— Ordinance 2"d & 3.d Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE # Effective Date: Favor Oppose Abstain Trae Bertrand a/ ❑ ❑ Ralph Maxton Larry Dowdy Chi ❑ ❑ Scott McClanahan Jeff Glenn L�' ❑ ❑ Doug Spooler Bill Hinckley LI, ❑ ❑ Tom Welch Randy Kluge C ❑ ❑ VOTE COUNT: b Favor o Oppose COMMENTS: CITIZENS COMMENTING AT MEETING: Favor Oppose Abstain ❑ ❑ ❑ ❑ ❑ lyd ❑ ❑ ❑ ❑ Abstain (Q` `` — C — (—) C='bpi- 3 19 _,'9— �1- f>t /% r, Randy Kluge Planning & Zoning Commission Secretary City Council Action Public Hearing Posting Date: Public Hearing Date: Ordinance Is' Reading rl — rl — 14— Ordinance 2"d & 3.d Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE # Effective Date: CITY 0/ CAPE GIR RDE U D C.!'[ . 10 P'A ['A T '.S�CR111CE5 STAFF REPORT TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner DATE: May 14, 2014 SUBJECT: Special Use Permit — 915 Broadway An application has been submitted for a Special Use Permit at 915 Broadway. The property is zoned CBD (Central Business District) with the DCC Overlay (Downtown Commercial Corridor). The applicant is proposing to renovate the existing building and convert it into an office and an apartment. The DCC regulations require a Special Use Permit for a residential use in the front, street level of the building. The applicant has submitted drawings showing the proposed scope of work. The wall openings on the north and west sides of the building are proposed to be modified per the attached rendering. The entrance to the apartment will be on the west side of the building and will be screened with a wall. An awning is proposed to be added on the office side of the north elevation. On the apartment side, decorative beams are proposed. The window and door frames, as well as the awning and decorative beams, will be black painted metal. The applicant wishes to maintain the weathered brick finish as shown in the photo of the existing building. A brick patio/walkway and an integrated planter will be added as well. The paved parking area in the front yard is to be removed and replaced with new concrete. The existing gravel parking area in the side and rear yards will be maintained. A wood privacy fence was recently installed in the side and rear yards along the east and south property lines. The applicant is proposing a black chain link fence along the west property line (6 feet in height in the side and rear yards; 3 feet in height in the front yard). The Zoning Ordinance authorizes the City Council to grant Special Use Permits in accordance with Section 30-401. In order for a Special Use Permit to be granted, both the Planning and Zoning Commission and the City Council must consider and make findings of fact with regard to certain criteria. City staff has reviewed the criteria and made the following determinations: Criterion # 1: congestion. The proposed special use will not substantially increase traffic hazards or 401 Independence St Cape Girardeau, IVIO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org ME CITY 0' CAPE GIR RDE U M/ D C 112C. lCem P 1A I "A T �1 R111CE5 Finding: The proposed residence will generate a low traffic volume compared to the former auto sales business that occupied the property. Criterion #2: The proposed special use will not substantially increase fire hazards. Finding: A residential use does not inherently involve materials or processes that will increase fire hazards. Additionally, the redevelopment of the property will be in accordance with applicable City codes. Criterion #3: neighborhood. The proposed special use will not adversely affect the character of the Finding: The subject building is set back from the street and does not contain a storefront, making it appropriate for a residential use. The proximity of the building to the University and access to multiple modes of transportation are further indications that the proposed residence is appropriate at this location. It should be noted that the commercial appearance of the building will be maintained. Criterion #4: The proposed special use will not adversely affect the general welfare of the community. Findinq: The granting of the Special Use Permit to allow a residence in the building will not adversely affect the community, for the reasons stated herein. Criterion #5: The proposed special use will not overtax public utilities. Finding: The building is currently served by public utilities, and the proposed residence is not expected to exceed any capacities. Based on the above findings, City staff recommends approval of the Special Use Permit request with the following conditions: 1. The special use shall meet all applicable requirements of the Zoning Ordinance and the Development Code. 2. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 3. Major modifications to the special use shall require the approval of the City Council. 4. This permit is not transferable without the consent of the City Council. 401 Independence St Cape Girardeau, IVIO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org CITY 0� CAPE GIR RDEAU D 10 P'A ['A T '.5'CR111CE5 STAFF REPORT ADDENDUM TO: Planning and Zoning Commission FROM: Ryan Shrimplin, City Planner DATE: June 11, 2014 SUBJECT: Special Use Permit — 915 Broadway The applicant has submitted a revised site plan. Variances are shown for the width of the street landscaping strip (10' minimum is required; 7 ' i111,S proposed) and for the percentage of overall site landscaping (15% minimum is required; 10% is proposed). City staff supports both variances because the existing development has no landscaping, and the site constraints limit where landscaping can be added. Based on the above findings, City staff recommends approval of the Special Use Permit request with the following conditions: 1. The special use shall meet all applicable requirements of the Zoning Ordinance and the Development Code except for the variances approved as a part of this permit. 2. This permit shall automatically expire twelve (12) months from the date of issuance if the use for which it was granted has not commenced. 3. Major modifications to the special use shall require the approval of the City Council. 4. This permit is not transferable without the consent of the City Council. 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 937 CBD0 CBD o 37 937 FCBD [CBD 915 Broadway Special Use Permit Request Special Use Permit requestedto allow a residential use in the front of a building in the CBD -DCC District. Current Zoning District: CBD (Central Businessl) District with the DCC (Downtown Commercial Corridor) Overlay District Future Land Use Recommendation: Downtown Commercial �4 CBD t 915 ld� � k CBD D920 N Now� w E S 0 20 40 80 Feet 910 City of Cape Girardeau Division of Planning Services GIS Data May 1, 2014 CBD 907 0 0 04 CBD saw 905 0 123 0 Legend = 915 Broadway � Parcels Zoning District C1 �J CBD R3 S'7: REZONING / SPECIAL USE PERMIT APPLICATION CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 ter` Property Address/Location V15 WAM140 Applicant (including Contact Name) Property Owner of Record (if other than Applicant) %LoLo oy(_c ICY ('Rur-tED Mailing Address City, State, Zip Mailing Address City, State, Zip ho of 15 c F CJ_ G3 1o� Telephone ri0 Emai Telephonehone Email jWNSvI'A0e �y�.cu0A Type of Request: Rezoning, Special Use Permit, or Both (Attach additional owners information if necessary) S 06L USE Existing Zoning District Proposed Zoning District (Rezoning requests only) Cg1 Legal description of property to be rezoned and/or upon which the special use is to be conducted �af 0.0 �� 5��6�1 5'U19III0, 'J LI Q E 6w I Ir t. Clfi/ 0� Cir cj�r(JtM+ 11Mlss"rl r S 74ti^=?12) OF S -LOAN'S SIISDFVISAN OF OUTLOTS (�ULYi rs 'WJ._.AN: 9INTHE CITY OFCAPE GIRARDEAU,MISSOURI, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 12 ON THE SteT7';" s '�'E OF BROADWAY STREET, AND RUN SOUTH, WITHLOTS11 * '=2 CF SLOAVS SVSDFgSION 95.7 FEET, THENCE WEST, 84.5 uE * Rig 1,:6 FEET TO THE SOUTH LINE OF BROAC'WAY E ,=NO EA,S HARM -Y IJTH THE SOUTH LINE OF .5 F= q, MORE OR LESS, TO PLACE OF Describe the proposed use of the property Cv�,{,� (,�00, (,b AIpG.rtrrLr� �� � uteri as S{ti�Llo �iJi��SG 1 � � I ti �y hEti Si�z I I Z'Akh r), c yG't( A`^� wl't� �Y6r�� iµ. Yt(,r o( �01 (foij� 4 W3 is i'var 41 Skjiul, � 11a OAA Application continues on next page OFFICE USE ONLY Date Received By Planning & Zoning Commission Recommendation City Council Final Action Date Date File Number f'?n Revised 8/8/2012 h PROPERTIES PO Box 75 - Cape Girardeau, MO 63702 . 573-335-0500 Adjoining Property Owners Date: April 22, 2014 Proiect: Shiloh, LLC --915 Broadway Cape Girardeau MO 63701 North Side: Southeast Missouri State University }J`i N f I f'}y South Side: 910 Themis -- owner Justin Denton 920 Themis -- owner John Eck mailing address 1004 Themis East Side: 909 Broadway & bldgs to corner of N Pacific/Broadway -- owner Justsin Denton West Side: 937 Broadway -- Cape Girardeau Medical Arts Co-- owner John Sauer Thank you -- ay eysted iloh LLC www.shilohsemo.com v 0 0 0 EM ° 41'45" E, 7.1 o EXISTING STRUCTURE � BUILDING Z.. END _OF`F,�VEMENT Ila Plan U118 " /8" = 1'-0" SHILOH OFFICE WARD ARCHITECTURE LLC 573) 200-6850 WARDARCHITECT.COM Preservahon / Resrorahon / Adaphve 3-18-11 Sec. 30-355. — DCC, downtown commercial corridor overlay district. (a) (b) (c) Purpose. This overlay district is designed to preserve the commerical integrity of major corridors in the downtown area. While this district permits residential uses on upper floors of buildings, or in the rear areas of the street level of buildings, commercial and retail uses on the street level storefronts promote the commercial integrity of these major corridors. Permitted uses. (1) Residential uses, on upper floors and rear of the street level of buildings only. Special uses. (1) First floor residential street frontage may be permitted in new construction and redevelopment projects. (Ord. No. 4109, art. Z 31-10) Page 1of1 Sec. 30-401. - Special use permits. (a) (b) Purpose. Subject to the provisions of this section, the city council may by ordinance on its own motion or on application grant a special use permit for the special uses specifically identified in each zoning district from which the uses are otherwise prohibited by this chapter. The city council shall impose appropriate conditions and safeguards for the issuance of the special use permit, which may include a specified period of time for the permit, a limitation of the persons who may carry out such use, and limitations upon or requirements for the size or design of buildings and other improvements upon the property, all for the purpose of conserving and protecting property and property values in the neighborhood. Application for special use permit. Applications for special use permits shall be made and processed in the same manner as provided in section 30-206 relating to applications for district changes. (1) The city council shall determine whether such building or use will: a. Substantially increase traffic hazards or congestion, b. (3) Substantially increase fire hazards, Adversely affect the character of the neighborhood, Adversely affect the general welfare of the community, and Overtax public utilities. If the council's finding is negative as to all the subject referred to in this section, the application may be granted, if affirmative as to any subject, then such special use permit shall be denied. Any proposed special use shall otherwise comply with all the regulations set forth in this capter for the district in which such use is located. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 7/7/2014 SUBJECT An Ordinance accepting Permanent Maintenance Easements and a Temporary Construction Easement from various property owners, for the Whitener Detention Basin Project, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached Ordinance accepts two Permanent Maintenance Easements and one Temporary Construction Easement for the Whitener Detention Basin Project, located at the corner of Whitener Street and Silver Springs Road. BACKGROUND/DISCUSSION In 2009, the City and Saint Francis Medical Center (SFMC) entered into an agreement to jointly assist with mitigating stormwater issues in the SFMC/Independence Street/Silver Springs Road area. Per the terms of the agreement, SFMC is responsible for constructing a stormwater detention basin on property it owns at the southeast corner of Whitener Street and Silver Springs Road. Once the basin is constructed, the property is to be donated to the City for maintenance. The City is responsible for constructing a box culvert at the Independence Street/Silver Springs Road intersection to convey stormwater to the detention basin. In order to construct and maintain the new detention basin, Permanent Maintenance Easements and Temporary Construction Easements have been obtained from the adjacent land owners and are ready to be accepted by the City Council. Union Electric Company d/b/a Ameren Missouri has granted the City a Permanent Maintenance Easement and a Temporary Construction Easement. Cape Girardeau Medical Investors, LLC has granted the City a Permanent Maintenance Easement. Cape Girardeau Medical Investors, LLC has also granted a Temporary Construction Easement to SFMC for the construction of the detention basin. Copies of the executed easements are attached (the Temporary Construction Easement granted to SFMC is for reference only). FINANCIAL IMPACT The property owners have donated the easements to the City. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easements are necessary to grant the City a right to access, excavate, construct, maintain, repair, and replace the stormwater detention system within the easements areas. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting Permanent Maintenance Easements and a Temporary Construction Easement for the Whitener Detention Basin Project. ATTACHMENTS: Name: ❑ Whitener Detention Basin Easements.doc ❑ Whitener Detention Basin Map.pdf ❑ PME - Ameren to City (revised) Signed.pdf ❑ TCE - Ameren to City (revised) Signed.pdf ❑ PME CGMI to City Signeddpdf ❑ TCE CGMI to SFMC Signedpdf Description: Whitener Det Basin Project Ord Whitener Detention Basin Map PME - Ameren to City TCE - Ameren to City PME - CGMI to City TCE - CGMI to SFMC BILL NO. 14-107 ORDINANCE NO. AN ORDINANCE ACCEPTING PERMANENT MAINTENANCE EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS, FOR THE WHITENER DETENTION BASIN PROJECT, IN THE CITY OF CAPE GIRARDEAU. MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts Permanent Maintenance Easements and Temporary Construction Easements from various property owners, conveying to the City of Cape Girardeau, Missouri, easements for the Whitener Detention Basin Project, in the City of Cape Girardeau, Missouri, described as follows: UNION ELECTRIC COMPANY d/b/a AMEREN MISSOURI, a Missouri Corporation PERMANENT MAINTENANCE EASEMENT A PART OF LOT NO. 1, CRITES FIRST ADDITION AS RECORDED IN PLAT BOOK NO. 8 AT PAGE NO. 12 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF LOT NO. 2, CRITES FIRST ADDITION; THENCE S O10 17' 40" E, 25.00 FEET ALONG THE EAST LINE OF LOT NO. 1; THENCE LEAVING SAID EAST LOT LINE, S 880 42' 20" W, 20.00 FEET; THENCE N O10 17' 40" W, 25.00 FEET TO THE NORTH LINE OF LOT NO. 1; THENCE N 880 42' 21" E, 20.00 FEET ALONG THE NORTH LINE OF LOT NO. 1 TO THE POINT OF BEGINNING, CONTAINING 500 SQ. FT., MORE OR LESS. UNION ELECTRIC COMPANY d/b/a AMEREN MISSOURI, a Missouri Corporation 1 TEMPORARY CONSTRUCTION EASEMENT NO. 1 A PART OF LOT NO. 1, CRITES FIRST ADDITION AS RECORDED IN PLAT BOOK NO. 8 AT PAGE NO. 12 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT OF WAY LINE OF INDEPENDENCE STREET, ALSO BEING THE SOUTH LINE OF LOT NO. 1, CRITES FIRST ADDITION FROM WHICH A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT NO. 2 BEARS N 880 42' 21" E, 84.77 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, S 880 42' 21" W, 30.00 FEET TO THE EAST RIGHT OF WAY LINE OF SILVER SPRINGS ROAD; THENCE N 060 54' 19" E, 18.19 FEET ALONG SAID EAST RIGHT OF WAY LINE; THENCE LEAVING SAID EAST RIGHT OF WAY LINE, N 880 42' 21" E, 27.41 FEET; THENCE S O10 17' 39" E, 18.00 FEET TO THE POINT OF BEGINNING, CONTAINING 517 SQ. FT., MORE OR LESS. ALSO, TEMPORARY CONSTRUCTION EASEMENT NO. 2 A PART OF LOT NO. 1, CRITES FIRST ADDITION AS RECORDED IN PLAT BOOK NO. 8 AT PAGE NO. 12 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF LOT NO. 2, CRITES FIRST ADDITION; THENCE S O10 17' 40" E, 30.00 FEET ALONG THE EAST LINE OF LOT NO. 1; THENCE LEAVING SAID EAST LOT LINE, S 880 42' 20" W, 20.00 FEET; THENCE N O10 17' 40" W, 20.00 FEET; THENCE S 880 42' 21" W, 42.00 FEET; THENCE S 260 12' 15" W, 37.15 FEET; THENCE N 830 05' 41" W, 10.00 FEET TO THE EAST RIGHT OF WAY LINE OF SILVER SPRINGS ROAD; THENCE ALONG SAID EAST RIGHT OF WAY LINE THE FOLLOWING COURSE AND DISTANCES: E N 060 54' 19' E, 29.88 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 262.84 FEET AND A CENTRAL ANGLE OF 020 38' 34"; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 12.12 FEET TO THE NORTHWEST CORNER OF LOT NO. 1; THENCE N 880 42' 21" E, 82.79 FEET ALONG THE NORTH LINE OF LOT 1 TO THE POINT OF BEGINNING, CONTAINING 1,767 SQ. FT., MORE OR LESS. CAPE GIRARDEAU MEDICAL INVESTORS, LLC Iis DIS P1/_\011001■PD_lm000:8Qh_\p[o=MAZZURaIM0ON A PART OF LOT NO. 2, CRITES FIRST ADDITION AS RECORDED IN PLAT BOOK NO. 8 AT PAGE NO. 12 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE AND A PART OF OUT LOT 82, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF LOT NO. 2, CRITES FIRST ADDITION; THENCE N 880 42' 21" E, 70.00 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO THE SOUTHEAST CORNER OF A TRACT OF LAND RECORDED IN SURVEY PLAT, DOCUMENT NO. 2014-02006; THENCE N O10 17' 39" W, 211.89 FEET ALONG THE EAST LINE OF SAID TRACT TO THE SOUTH RIGHT OF WAY LINE OF WHITENER STREET; THENCE N 880 49' 12" E, 40.00 FEET ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE LEAVING THE SOUTH RIGHT OF WAY LINE, S O10 17' 39" E, 75.00 FEET; THENCE S 880 42' 21" W, 15.00 FEET; THENCE S O10 17' 39" E, 148.93 FEET; THENCE S 880 42' 21" W, 95.00 FEET TO THE WEST LINE OF THE AFORESAID LOT 2, CRITES FIRST ADDITION; THENCE N O10 17' 40" W, 12.00 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, CONTAINING 0.17 ACRES (7,562 SQ. FT.), MORE OR LESS. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. 3 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Whitener Detention Basin Project . k Whitener Street and Silver Springs Road / �'� WHITENER Whitener Detention Basin10 P. y I I 4• I i I i A -. I I Ri — — — INDEPENDENCE---- — ----------------- - - - - - - ------------------------r------------ - — I City of Cape Girardeau" N Division of Planning Services GIS Data W E i June 26, 2014 S ;. y{ d PERMANENT MAINTENANCE EASEMENT THIS EASEMENT AGRF,F.MENT, entered into on thizeday of 2014, by and between UNION ELECTRIC COMPANY d/b/a AMEREN MISSOURI, a Missclari Corporation, and its assigns, licensees, contractors and subcontractors hereinafter referred to as GRANTOR, and the CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri, hereinafter referred to as GRANTEE: WITNESSTH, That said Grantor, in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, to be paid by Grantee, the receipt of which is hereby acknowledged, does by these presents remise and convey unto Grantee the following permanent maintenance easement on the property at the northeast comer of the Silver Springs Road and Independence Street intersection, located in the City of Cape Girardeau, described as follows: A PART OF LOT NO. 1, CRITES FIRST ADDITION AS RECORDED IN PLAT BOOK NO. 8 AT PAGE NO. 12 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF LOT NO, 2, CRITES FIRST ADDITION; THENCE S 01' 17'40" E, 25.00 FEET ALONG THE EAST LINE OF LOT NO. 1; THENCE LEAVING SAID EAST LOT LINE, S 88° 42'20" W, 20.00 FEET; THENCE N 01' t7'40" W, 25.00 FEET TO THE NORTH LINE OF LOT NO. 1; THENCE N 880 42'21" E, 20.00 FEET ALONG THE NORTH LINE OF LOT NO. 1 TO THE POINT OF BEGINNING, CONTAINING 500 SQ. FT., MORE OR LESS. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns, to use said property to maintain and repair a detention basin from time to time, in, on, upon, or across said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted is perpetual and shall run with the land. Said easement described herein is hereby conveyed by the Grantor to the Grantee, per the following terms and conditions: L Grantee shall use the easement area only as necessary for the purpose described in the paragraph above, and shall not interfere with Grantor's use and enjoyment of its property. 2. Grantor and Grantee shall keep the easement area free and clear of debris at all times and shall not use the easement area for the storage of material. 3. Grantor intends to install, on said property, a spill control/oil containment structure. Grantor shall be permitted to discharge the stormwater from the containment structure into the area of the permanent maintenance easement. Grantor will take all necessary precautions to prevent any erosion that may be created by this discharge. 4. Grantor intends to install, on said property, spill control/oil containment structure. Prior to installation, Grantee shall grant to Grantor a temporary construction easement to install said structure should it encroach upon the area identified in the permanent maintenance agreement. 5. Grantee agrees to repair, at its cost and expense, any and all damage caused to the easement area or the Grantor's property by Grantee, its employees, agents or contractors. Further, promptly after any repair or maintenance of the detention basin facilities, Grantee shall immediately repair, at its cost and expense, the surface of the easement area to the same condition as existed prior to such installation, repair, or maintenance. [Fberemainderofthispageitinhn anally eftblank. Signatumpagerfollaw.] IN WITNESS WHEREOF, the undersigned has executed this easement this; h day of MD 14 2014. UNION ELECTRIC COMPANY d/b/a AMEREN MISSOURI, a Missouri Corporation sy: t/Y Name: Dennig W. Weisenborn Its: VICe President STATE OF I 115r UfLL ) ss. M 11111 t OF 54-, LDulO ) On thisZLhday of&Yr . in the year 2014, before me, a Notary Public in and for said State, pperson Ihy appeared �Dg nni s 11) . &)e; WP n barm known or identified to me to be the ly�np fY3Sida4ot— of Union Electric Company d/b/a Ameren Missouri, who executed the foregoing instrument on behalf of said Missouri Corporation. NTy Public My Commission Comgm ssioonn Expires: / � Jrsnla - NouryN 9W. SMS of U--y AnCm- owdew County 12MV2015 IN WITNESS WHEREOF, the undersigned has executed this easement this 12014. ATTEST: Gayle L. Conrad, City Cleric STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) day of CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri By: Scott A. Meyer, City Manager BE IT REMEMBERED, that on this day of 2014, before me, the undersigned notary public, personally appeared Scott A. Meyer, who, being by me duly sworn, did state that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation, and that the seal affixed to the within instrument is the official seal of said City, and that the within instrument was executed on behalf of said City by authority of its City Council, and that said instrument was executed as the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Public My Commission Expires: TEMPORARY CONSTRUCTION LICENSE (Municipality) THIS EASEMENT AGREEMENT, entered into on this day of , 2014, by and between UNION ELECTRIC COMPANY d/b/a AMEREN MISSOURI, a Missouri Corporation, and its assigns, licensees, contractors and subcontractors hereinafter referred to as "licensor", and the CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of IvGssouri hereinafter referred to as GRANTEE: WITNESSTH, That said Licensor, in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, to be paid by Grantee, the receipt of which is hereby aclmowledged, does by these presents remise and convey unto Grantee the following temporary construction easements on the property at the northeast corner of the Silver Springs Road and Independence Street intersection, located in the City of Cape Girardeau, described as follows: Also TEMPORARY CONSTRUCTION EASEMENT NO, 1 A PART OF LOT NO. 1, CRITES FIRST ADDITION AS RECORDED IN PLAT BOOK NO. 8 AT PAGE NO. 12 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTH RIGHT OF WAY LINE OF INDEPENDENCE STREET, ALSO BEING THE SOUTH LINE OF LOT NO. 1, CRITES FIRST ADDITION FROM WHICH A 1/2" IRON PIN (FOUND) AT THE SOUTHWEST CORNER OF LOT NO. 2 BEARS N 88° 42'21" E, 84.77 FEET; THENCE CONTINUING ALONG SAID NORTH RIGHT OF WAY LINE, S 88° 42'2t" W, 30.00 FEET TO THE EAST RIGHT OF WAY LINE OF SILVER SPRINGS ROAD; THENCE N 06° 54't9" E, 18.19 FEET ALONG SAID EAST RIGHT OF WAY LINE; THENCE LEAVING SAID EAST RIGHT OF WAY LINE, N 88° 42'21" E, 27.41 FEET; THENCE S 01' 17'39" E, 18.00 FEET TO THE POINT OF BEGINNING, CONTAINING 517 SQ. FT., MORE OR LESS. TEMPORARY CONSTRUCTION EASEMENT NO. 2 A PART OF LOT NO. 1, CRITES FIRST ADDITION AS RECORDED IN PLAT BOOK NO. 8 AT PAGE NO. 12 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF LOT NO. 2, CRITES FIRST ADDITION; THENCE S 01' 17'40" E, 30.00 FEET ALONG THE EAST LINE OF LOT NO. 1; THENCE LEAVING SAID EAST LOT LINE, S 88° 42'20" W, 20.00 FEET; THENCE N 01' 17'40" W, 20.00 FEET; THENCE S 88° 42'2t" W, 42.00 FEET; THENCE S 260 12' 15" W, 37.15 FEET; THENCE N 83° 05'41 " W, 10.00 FEET TO THE EAST RIGHT OF WAY LINE OF SILVER SPRINGS ROAD; THENCE ALONG SAID EAST RIGHT OF WAY LINE THE FOLLOWING COURSE AND DISTANCES: N 06° 54'19'E, 29.88 FEET TO THE BEGINNING OF A CURVE, CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 262.84 FEET ANDA CENTRAL ANGLE OF 020 38' 34"; THENCE IN A NORTHEASTERLY DIRECTION ALONG SAID CURVE AND RIGHT OF WAY LINE, 12.12 FEET TO THE NORTHWEST CORNER OF LOT NO. 1; THENCE N 880 42'21" E, 82.79 FEET ALONG THE NORTH LINE OF LOT 1 TO THE POINT OF BEGINNING, CONTAINING 1,767 SQ. Fr., MORE OR LESS. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the City, its agents, servants and assigns, to use said property to excavate, build, and construct a reinforced box culvert adjacent to said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the right, privilege, permission and authority herein granted shall cease and terminate at the time said project is completed and approved and accepted by the City Council, or on March 31, 2015, whichever occurs first. Grantee shall use the easement area only as necessary for the purpose described in the paragraph above, and shall use its best efforts not to interfere with Licensor's use and enjoyment of its property. Grantee shall keep the easement area free and clear of debris at all times and shall not use the easement area for the storage of material. Grantee agrees to repair, at its cost and expense, any and all damage caused to the easement area or the Licensor's property by Grantee, its employees, agents or contractors. Further, promptly after any excavation or construction of the reinforced box culvert, Grantee shall immediately repair, at its cost and expense, the surface of the easement area to the same condition as it existed prior to such installation. Licensee shall save harmless Licensor's property from and against any and all liens arising out of Licensee's exercise of its rights and performance of its duties hereunder, including without limitation, mechanics' and materialmen's liens. Licensee is self-insured and hereby agrees to indemnify and save harmless Licensor from and against any and all liability, losses, damages, claims, actions, causes of action, costs and expenses (including attorneys' fees) for personal injury (including death) and/or property damage to whomsoever or whatsoever occurring, arising from or growing out of, directly or indirectly, the presence of Licensee, its agents, servants or employees upon or about the property of Licensor or in connection with the privileges herein granted. Evidence of such self-insurance must be furnished to and approved by Licensor, prior to occupancy of the Licensor's property or commencement of construction on Licensor's premises. Licensee shall be responsible for any damage to Licensor's or Licensee's property due to the activities of Licensee, its employees, officials, agents, and contractors pursuant hereto. Licensee is hereby advised that energized electric lines, which must be avoided, are or may be installed in or upon or in the vicinity of the above described premises, [As and to the extent applicable, Licensee shall comply with, and shall require any person(s) acting under Licensee, including without limitation agents, contractors and employees, to comply with Sections 319.075 through 319.090, R.S.Mo. 1991, as amended from time to time ("Overhead Power Line Safety Act"). Nothing contained in this License Agreement shall be construed as a grant of authority to Licensee or any person(s) acting under Licensee to take or perform any act in violation of the Overhead Power Line Safety Act. If and to the extent that this License Agreement provides for precautions or specifies clearances which are greater than those imposed by the Overhead Power Line Safety Act, such greater precautions or clearances provided for in this License Agreement shall be binding on Licensee and any such person(s) acting under Licensee.] Licensee shall warn and instruct each and every person engaged in or in any way connected with any work or improvements conducted hereunder as to the existence, location, and nature of Licensor's electrical facilities. Licensee shall at all times maintain a minimum clearance of 7EAJ (-ho) feet from all of Licensor's electrical conductors. Any such work is undertaken with full knowledge and awareness of and assumption of the risk involved in performing the work in the vicinity of the energized electric lines. Licensee shall use and cause others to use extra precaution in any activities conducted hereunder, when adjacent to, over, Linder, or near Licensor's underground or overhead electrical facilities and shall m,, ntain proper support and stabilization for Licensor's underground or overhead electrical facilities and structures and shall prevent damage or collapse due to undermining. Licensee, except in the case of an emergency, shall provide Licensor with at least forty-eight (48) hours advance written notice of any digging or trenching on or adjacent to the above described premises to permit Licensor to have a field supervisor available during said digging or trenching, In case of an emergency, Licensee shall notify Licensor of any digging or trenching by telephone as soon as possible. Licensee shall not be permitted to store any materials within TWeNTY ( ZO ) feet of any of Licensor's structures. In addition, no flammable materials shall be stored on the herein described property. IN WITNESS WHEREOF, the undersigned has executed this easement this L—L day of 2014. UNION ELECTRIC COMPANY d/b/a AMEREN MISSOURI, a Missouri Corporation �,�j Name: Den is W. Weisenborn Its: Vice President STATE OF n I SSdtAn� ) C'tC ss. OF Jt• Lo4l a ) On this at iiay of t in the year 2014, before me, a Notary Public in and for said State,personall appeared berm i spin &1 known or identified to me to be the t%i..[r¢ �,.q of Union Electric Company d/b/a Amexen Missouri, who executed the foregoing instrument on behalf of said Missouri Corporation. My Commission Expires Notarvublic Jardce E Mlsaaui�� sfM®W C N11bOG3g7�h �' 14/1 18 IN WITNESS WHEREOF, the undersigned has executed this easement this 2014. ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) day of CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri By: Scott A. Meyer, City Manager BE IT REMEMBERED, that on this day of 2014, before me, the undersigned notary public, personally appeared Scott A. Meyer, who, being by me duly sworn, did state that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation, and that the seal affixed to the within instrument is the official seal of said City, and that the within instrument was executed on behalf of said City by authority of its City Council, and that said instrument was executed as the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. Notary Public My Commission Expires: PERMANENT MAINTENANCE EASEMENT THIS EASEMENT AGREEMENT, entered into on this) day of 2014, by and between CAPE GIRARDEAU MEDICAL INVESTORS, LLC, a Lmited Liabili Corporation, herein referred to as GRANTOR, and the CITY OF CAPE GIRARDEAU, a Municipal Corporation of the County of Cape Girardeau, State of Missouri, herein referred to as GRANTEE: WITNESSTH, That said Grantor, in consideration of the sum of One Dollar ($1.00), and other good and valuable consideration, to be paid by Grantee, the receipt of which is hereby acknowledged, does by these presents remise and convey unto Grantee the following permanent maintenance easement on the property currently addressed as 2852 Independence Street, located in the City of Cape Girardeau, described as follows: A PART OF LOT NO. 2, CRITES FIRST ADDITION AS RECORDED IN PLAT BOOK NO. 8 AT PAGE NO. 12 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE AND A PART OF OUT LOT 82, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF LOT NO. 2, CRITES FIRST ADDITION; THENCE N 88'42'21 " E, 70.00 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO THE SOUTHEASTCORNER OF A TRACT OF LAND RECORDED IN SURVEY PLAT, DOCUMENT NO. 2014-02006; THENCE N 01' 17'39" W, 211.89 FEET ALONG THE EAST LINE OF SAID TRACT TO THE SOUTH RIGHT OF WAY LINE OF WHITENER STREET; THENCE N 88° 49'12" E, 40.00 FEET ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE LEAVING THE SOUTH RIGHT OE WAY LINE, S 01 ° 17'39" E, 75.00 FEET; THENCE S 88° 42'21 " W, 15.00 FEET; THENCE S 01' 17'39" E, 148.93 FEET; THENCE S 88° 42'21" W, 95.00 FEET TO THE WEST LINE OF THE AFORESAID LOT 2, CRITES FIRST ADDITION; THENCE N 01° 17'40" W, 12.00 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, CONTAINING 0.17 ACRES (7,562 SQ. FT.), MORE OR LESS. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the Grantee, its agents, servants and assigns, to use said property to maintain and repair a detention basin abutting said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the rights, privileges, percussion and authority herein granted is perpetual and shall run with the land. Grantee shall use the easement area only as necessary for the purpose described in the paragraph above, and shall use its hest efforts not to interfere with Grantor's use and enjoyment of its property. Grantee shall keep the easement area free and clear of debris at all times and shall not use the easement area for the storage of material. Grantee agrees to repair, at its cost and expense, any and all damage caused to the easement area or the Grantor's property by Grantee, its employees, agents or contractors. Further, promptly after any repair or maintenance of the detention basin facilities, Grantee shall immediately repair, at its cost and expense, the surface of the easement area to the same condition as existed prior to such installation, repair, or maintenance. IN WI7lN S WHEREOF, the undersigned has '2014. STATE OF TENNESSEE executed this easement thus 1= day of CAPE GIRARDEAU MEDICAL INVESTORS, a L mited Liab ty Corpora on By: Cape G' rdeau Medica Inc. Corporate Manager Zm : Forrest L. Preston Its: President ss. COUNTY OF BRADLEY On this �ay of m the year 2014, before me, a Notary Public in and fox said State, personally appeared Forrest . Preston , known or identified to me to be the President of * of Cape Girardeau Medical Investors, LLC, who executed the foregoing instrument on behalf of said Limited Liability Corp tion. Vy iV otary Public • " ` My Commission Expires: cP(((1Qz)15 *Cape Girardeau Medical, Inc., Corporate Manager Fy. TEMPORARY CONSTRUCTION EASEMENT THIS EASEMENT AGREEMENT, entered into on thisl ' day of , 2014, by and between CAPE GIRARDEAU MEDICAL INVESTORS, LLC, a Limited Lia rCorporation, herein referred to as GRANTOR, and SAINT FRANCIS MEDICAL CENTER, a Nonprofit Corporation, herein referred to as GRANTEE: WITNESSTH, That said Grantor, in consideration of the sutra of One Dollar ($1.00), and other good and valuable consideration, to be paid by Grantee, the receipt of which is hereby acknowledged, does by these presents remise and convey unto Grantee the following temporary construction easement on die property currently addressed as 2852 Independence Street, located in the City of Cape Girardeau, described as follows: A PART OF LOT NO. 2, CRITES FIRST ADDITION AS RECORDED IN PLAT BOOK NO. 8 AT PAGE NO. 12 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE AND A PART OF OUT LOT 82, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A 1/2" IRON PIN (FOUND) AT THE NORTHWEST CORNER OF LOT NO. 2, CRITES FIRST ADDITION; THENCE N 880 42'21" E, 70.00 FEET ALONG THE NORTH LINE OF SAID LOT 2 TO THE SOUTHEAST CORNER OF A TRACT OF LAND RECORDED IN SURVEY PLAT, DOCUMENT NO. 2014-02006; THENCE N 01' 17'39" W, 211.89 FEET ALONG THE EAST LINE OF SAID TRACT TO THE SOUTH RIGHT OF WAY LINE OF WHITENER STREET; THENCE N 88° 49'12" E, 40.00 FEET ALONG SAID SOUTH RIGHT OF WAY LINE; THENCE LEAVING THE SOUTH RIGHT OF WAY LINE, S 01 ° 17'39" E, 236.93 FEET, THENCE S 88° 42'21" W, 110.00 FEET TO THE WEST LINE OF THE AFORESAID LOT 2, CRITES FIRST ADDITION; THENCE. N 01° 1 T 40" W, 25.00 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING, CONTAINING 0.26 ACRES (11,226 SQ. FT.), MORE OR LESS. Said right, privilege, permission and authority to enter in and upon said property above described is granted for the purpose of enabling the Grantee, its agents, servants and assigns, to use said property to excavate, build, and construct a detention basin abutting said described property, together with all the useful, necessary and proper adjuncts, appurtenances, and appliances in connection therewith, as shown on the plans and specifications on file in the Office of the City Engineer. This easement and the rights, privileges, permission and authority herein granted shall cease and terminate at the time said project is completed or on Match 31, 2015, whichever occurs first. Grantee shall use the easement area only as necessary for the purpose described in the paragraph above, and shall use its best efforts not to interfere with Grantor's use and enjoyment of its property. Grantee shall keep the easement area free and clear of debris at all times and shall not use the easement area for the storage of material. Grantee agrees to repair, at its cost and expense, any and all damage caused to the easement area or the Grantor's property by Grantee, its employees, agents or contractors. Further, promptly after any repair or maintenance of the detention basin facilities, Grantee shall immediately repair, at its cost and expense, the surface of the easement area to the same condition as existed prior to such installation, repair, or maintenance. qfllk- IN V TNESS WHEREOF, theundersigned has executed this easement this / ( day of ,2014. CAPE GIRARDEAU MEDICAL INVESTORS, a Lui ned Lab' Corporat on By: Cape G" rdeau Medic , Inc., Corporate Manager By: Name: Forrest L. Preston Its: President STATE OF TENNESSEE ss. COUNTY OF /(%BRADLEY ) On this ` / rd of in the year 2014, before me, a Notary Public in and for said State, personally appeared ForreM L. Preston , known or identified to me to be the President of * of Cape Girardeau Medical Investors, LLC, who executed the foregoing instrument on behalf of said Limited Liability Corporation. otaty Public My Commission Expires: P /I ((aG( 57 Cape Girardeau Medical, Inc., corporate manager IN WITNESS WHEREOF, the undersigned has executed this easement this c*9— day of _ Tg"Ie. 12014. SW'RIS MEDICAL CENTER, a fi o oration By: Name: cJiWaU C Its: R l STATE OF M l 55 0 U, r I ss. COUNTY OF�_g�_G'1 ra'C eAj� On this Zday of 7L(41e , indi�e)J�ear 2014, before me, a Notary Public in and for said State, personally appeared Si&VfA C. ,R t e j 1 �(,YI , known or identified to me to be the �p rt S I"C(-P I C6O of Saint Francis Medical Centex, who executed the foregoing instrument on behalf of said Nonprofit Corporation. Nota ubhc My Commission Expires: T(,t4X / 2.619 HAZEL MARIE =I NOUN STATE CF'2 URI aI scot County My Commission Expires: June 14, 2015 Canmisslon #11421494 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 7/7/2014 SUBJECT An Ordinance accepting a Quit Claim Deed from the Missouri Highways and Transportation Commission, for property located along Interstate 55, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts a Quit Claim Deed from the Missouri Highways and Transportation Commission for approximately 0.60 acres located along Interstate 55 for additional right-of-way for the Veterans Memorial Drive Phase 5 Project (Scenic Drive to Hopper Road). BACKGROUND/DISCUSSION The construction of Veterans Memorial Drive Phase 5 is one of several projects funded by the fourth Transportation Trust Fund (TTF 4), which was approved by the voters on August 3, 2010. Phase 5 will connect to Phase 4 at Scenic Drive and extend south to Hopper Road. Once all five phases of Veterans Memorial Drive are completed (Phases 1 and 4 are constructed), the outer road system will extend from LaSalle Avenue to Hopper Road. As part of Phase 5, additional right-of-way (approximately 0.60 acres, located along Interstate 55) is needed from the Missouri Highways and Transportation Commission. The Commission has agreed to execute a Quit Claim Deed (attached) for the right-of-way upon passage of an ordinance by the City Council that accepts the Quit Claim Deed. FINANCIAL IMPACT The Missouri Highways and Transportation Commission has agreed to donate the property. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The completion of Veterans Memorial Drive will provide better local access for neighborhoods in the area, and provide an alternate north -south route to Interstate 55 and U.S. Highway 61. The acquisition of right-of-way is reasonable and necessary in order to construct Veterans Memorial Drive. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting a Quit Claim Deed from the Missouri Highways and Transportation Commission, for property located along Interstate 55. ATTACHMENTS: Name: ❑ MODOT_1-55 Accept Deed.doc ❑ City of Cape Girardeau_QCD.pdf Description: MODOT 1-55 QCD Ordinance Quit Claim Deed - MHTC to City ❑ VMD Sketch.PDF MHTC ROW Sketch BILL NO. 14-108 ORDINANCE NO. AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, FOR PROPERTY LOCATED ALONG INTERSTATE 55, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU. MISSOURI. AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, a Quit Claim Deed from the Missouri Highways and Transportation Commission, conveying to the City of Cape Girardeau, Missouri, property located along Interstate 55, in the City of Cape Girardeau, Missouri, described as follows: A tract of land lying and being situated in part of the Southwest Quarter of the Southeast Quarter of Section 27, Township 31 North, Range 13 East of the Fifth Principal Meridian, being more particularly described as follows: Commence at a found 45 Rebar w/ Cap at the Corner of Sections 27, 28, 33, and 34, Township 31 North, Range 13 East; thence N 84 deg. 39 min. 21 sec. E, a distance of 3517.14 feet to a found Steel MHTC (Missouri Highways and Transportation Commission) Boundary Marker, 149.83 feet left of Route I-55 median centerline station 1120+11.64, said point being located on the existing Easterly MHTC Boundary line of I-55 and being the Point of Beginning; thence along said MHTC Boundary line S 66 deg. 19 min. 36 sec. E a distance of 141.33 feet to a found Steel MHTC Boundary Marker, 249.92 feet left of Route I-55 median centerline station 1121+11.42; thence S 21 deg. 15 min. 22 sec. E a distance of 245.25 feet to a set 45 Rebar w/ Cap, 249.99 feet left of Route I-55 median centerline station 1123+56.68, said point being located on the South line of said Section 27; thence along said south line with said existing MHTC Boundary line, S 89 deg. 20 min. 57 sec. W a distance of 96.57 feet to a set 45 Rebar w/ Cap, 159.59 feet left of Route I-55 median centerline station 1123+22.72; thence departing from said south line and existing MHTC Boundary 1 line N 23 deg. 02 min. 07 sec. W a distance of 311.23 feet to the Point of Beginning, containing 0.60 acres, more or less. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor E CCO FORM: RW01 Approved: 6/93 (TLP) Revised: 03/14 (AR) Modified: QUITCLAIM DEED COUNTY: Cape Girardeau ROUTE: 1-55 PROJECT: FED. PROJECT: PARCEL: S E0756 THIS INDENTURE, made this day of , 2014, between the State of Missouri, acting by and through the MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, 105 W. Capitol Avenue, Jefferson City, Missouri 65102, party of the first part (grantor) and the City of Cape Girardeau, Missouri, a Municipal Corporation, 401 Independence Cape Girardeau, MO 63701 of the County of Cape Girardeau, State of Missouri, party of the second part (grantee), WITNESSETH: In consideration of the payment of the sum of One and NO/100 DOLLARS ($1.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the said party of the first part does hereby REMISE, RELEASE, AND FOREVER QUITCLAIM to the party of the second part, a tract of land, lying situated and being in the County of Cape Girardeau, State of Missouri, to wit: A tract of land lying and being situated in part of the Southwest Quarter of the Southeast Quarter of Section 27, Township 31 North, Range 13 East of the Fifth Principal Meridian, being more particularly described as follows: Commence at a found #5 Rebar w/ Cap at the Corner of Sections 27, 28, 33, and 34, Township 31 North, Range 13 East; thence N 84 deg. 39 min. 21 sec. E, a distance of 3517.14 feet to a found Steel MHTC (Missouri Highways and Transportation Commission) Boundary Marker, 149.83 feet left of Route 1-55 median centerline station 1120+11.64, said point being located on the existing Easterly MHTC Boundary line of I- 55 and being the Point of Beginning; thence along said MHTC Boundary line S 66 deg. 19 min. 36 sec. E a distance of 141.33 feet to a found Steel MHTC Boundary Marker, 249.92 feet left of Route 1-55 median centerline station 1121+11.42; thence S 21 deg. 15 min. 22 sec. E a distance of 245.25 feet to a set #5 Rebar w/ Cap, 249.99 feet left of 1 Route 1-55 median centerline station 1123+56.68, said point being located on the South line of said Section 27; thence along said south line with said existing MHTC Boundary line, S 89 deg. 20 min. 57 sec. W a distance of 96.57 feet to a set #5 Rebar w/ Cap, 159.59 feet left of Route 1-55 median centerline station 1123+22.72; thence departing from said south line and existing MHTC Boundary line N 23 deg. 02 min. 07 sec. W a distance of 311.23 feet to the Point of Beginning, containing 0.60 acres, more or less. The Grantee for its self, and its personal representatives, successors in interest and assigns, does hereby covenant and agree, and it is made a condition of this conveyance as a covenant running with the land that the above described property shall have no abutters rights of direct access between the highway(s) known as Interstate Rte. 55 and the above described tract of land in the Southwest Quarter of the Southeast Quarter of Section 27, Township 31 North, Range 13 East of the Fifth Principal Meridian, City of Cape Girardeau, County of Cape Girardeau, State of Missouri. Grantee, by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns, to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property, and to grant the current and subsequent owners of those facilities the right to maintain, construct and reconstruct the facilities and their appurtenances over, under, and across the land herein conveyed, along with the right of ingress and egress across the land herein conveyed to and from those utilities. Grantee by acceptance of this conveyance, covenants and agrees for itself, its successors and assigns: to allow known or unknown utility facilities currently located on the property, whether of record or not, to remain on the property; to grant the current and subsequent owners of those facilities the right to maintain, reconstruct, increase, remove or alter the facilities and their appurtenances on, over, under and across the land herein conveyed; to permit the utility facility owners to trim and remove trees and vegetation inconsistent with or detrimental to the utility facilities or the safety of persons and property; to grant the utility facility owner the right of ingress and egress across the land herein conveyed to and from those utilities. This conveyance is in the nature of an abandonment of an easement for roadway purposes and, therefore, conveys no possessory interest. It is incumbent upon grantee to seek their own professional opinion as to the resulting state of the title. This conveyance includes all the realty and realty rights described in the preceding paragraphs that lie within the limits of land described and recorded with the Cape Girardeau County Recorder of Deeds in Book 195 at Page 95. TO HAVE AND TO HOLD THE SAME, with all and singular rights, immunities, privileges, and appurtenances thereunto belonging, unto the said party of the second part, their heirs and assigns forever. 2 IN WITNESS WHEREOF, the said party of the first part has hereunto set its hand and seal the day and year first written above. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION M ATTEST: M Secretary to the Commission ACKNOWLEDGMENT BY COMMISSION STATE OF MISSOURI ) ss COUNTY OF ) On this day of , 2014, before me appeared personally known to me, who being by me duly sworn, did say that he/she is the of the Missouri Highways and Transportation Commission and the seal affixed to the foregoing instrument is the official seal of said Commission and that said instrument was signed in behalf of said Commission by authority of the Missouri Highways and Transportation Commission and said acknowledged said instrument to be the free act and deed of said Commission. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the county and state aforesaid the day and year written above. Notary Public My Commission Expires: 3 1v-?: SCALE: 1" = 50' ,?-' Bowe n, ENGINEERING & SURVEYING Consulting Engineers - Land Surveyors - Testing Laboratories 2121 Megan Drive Cape Girardeau, MI 63111 1 VMD PHASE 5 - MODOT R/W SKETCH Ph 573 339 5900 Fax 573 339 1391 www.bowenengsurv.com CITY OF CAPE GIRARDEAU 401 INDEPENDENCE CAPE GIRARDEAU, MO 63703 1011 HO: ;- 12-00", 1 DATE: 07/05/13 1 SHEET: 1OF 1 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 7/7/2014 SUBJECT An Ordinance accepting a Deed of Dedication from Southeast Missouri Hospital Association, for property located at 2001 William Street, for the Sheridan and William Signal Improvements Project. EXECUTIVE SUMMARY The attached ordinance accepts a Deed of Dedication for a 49.8 square foot tract located at 2001 William Street for additional right-of-way in connection with the Sheridan and William Signal Improvements Project. BACKGROUND/DISCUSSION On February 3, 2014, the City entered into a development agreement with CLILA, L.P. Per the terms of the agreement, CLILA, L.P. is responsible for installing a traffic signal at the intersection of Sheridan Street and William Street. Due to an error in locating a storm sewer pipe, 49.8 square feet of additional right-of-way is needed in order to properly install the signal. The property owner, Southeast Missouri Hospital Association, has executed a Deed of Dedication for the additional right-of-way. The Deed of Dedication is attached and is ready for acceptance by the City Council. FINANCIAL IMPACT Southeast Missouri Hospital Association has donated the property. The financial impact will be minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Accepting the Deed of Dedication will give the City full ownership and control of a property needed for the installation of a new traffic signal and completion of the Sheridan and William Signal Improvements Project. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting a Deed of Dedication from Southeast Missouri Hospital Association for property located at 2001 William Street. ATTACHMENTS: Name: ❑ SE Hosi-William_Accept Deed.doc ❑ Southeast Hospital Deed Signed.pdf ❑ Sheridan and William Signal Improvements Map.pdf Description: SE Hospital - SheridanAMlliam Ordinance Deed of Dedication Sheridan and William Signal Improvements Map BILL NO. 14-109 ORDINANCE NO. AN ORDINANCE ACCEPTING A DEED OF DEDICATION FROM SOUTHEAST MISSOURI HOSPITAL ASSOCIATION, FOR PROPERTY LOCATED AT 2001 WILLIAM STREET, FOR THE SHERIDAN AND WILLIAM SIGNAL IMPROVEMENTS PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri, hereby accepts, and agrees to accept, a Deed of Dedication from Southeast Missouri Hospital Association, conveying to the City of Cape Girardeau, Missouri, property located at 2001 William Street, for the Sheridan and William Signal Improvements Project, in the City of Cape Girardeau, Missouri, described as follows: SOUTHEAST MISSOURI HOSPITAL ASSOCIATION THAT PART OF OUT LOT 57 OF UNITED STATES PRIVATE SURVEY NO. 2199 IN TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the intersection of the South Right of Way line of William Street and East Right of Way line of Sheridan Drive; thence along East Right of Way line of said Sheridan Drive, South 000 02' 06" West, 10.00 feet; thence leaving East Right of Way line of said Sheridan Drive, North 470 45' 48" East, 13.45 feet to a point on the South Right of Way line of William Street; thence along South Right of Way line of said William Street, North 840 30' 40" West, 10.00 feet to the point of beginning and containing 0.001 acres (49.8 sq. ft.), more or less, subject to any easements of record, as shown on accompanying plat. ARTICLE 2. This ordinance shall be in full force and effect ten days after its passage and approval. ii:�X9�hi_\phi_�99 Z�]1/�1��1Y:Y��7_\•ti] ASF[W 1 Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk DEED OF DEDICATION SHERIDAN AND WILLIAM SIGNAL IMPROVEMENTS RIGHT OF WAY SOUTHEAST MISSOURI HOSPITAL ASSOCIATION THIS DEED, made and entered into this %6'yday o 2014, by and between SOUTHEAST MISSOURI HOSPITAL ASSOCIATION, Missouri Pro Forma Decree Corporation, Grantor, and CITY OF CAPE GIRARDEAU, a Municipal Corporation, of the County of Cape Girardeau, in the State of Missouri, Grantee. WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten (10) Dollar and Other Good and Valuable Consideration, paid by the said Grantee, the receipt of which is hereby acknowledged, does by these presents, Dedicates, Remise, Release, and forever Quit-Ciaim unto the said Grantee, the foilowing described Lots. Tracts, or Parcels ofLand, lying, being and situated in the County of Cape Girardeau, State of Missouri, to -wit: THAT PART OF OUT LOT 57 OF UNITED STA'L'ES PRIVATE SURVEY NO. 2199 IN TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the intersection of the South Right of Way line of William Street and East Right of Way line of Sheridan Drive; thence along East Right of Way line of said Sheridan Drive, South 00'02'16" West, 10.00 feet; thence leaving East Right of Way line of said Sheridan Drive, North 47°45'48" East, 13.45 feet to a point on the South Right of Way line of William Street; thence along South Right of Way line of said William Street, North 84°30'40" West, 10.00 feet to the point of beginning and containing 0.001 acres (49.8 sq. ft.), more or less, subject to any easements of record, as shown on accompanying plat. TO HAVE AND TO HOLD the same, together with all rights, privileges, appurtenances and immunities to the same belonging, unto the said Grantee, and to its successors, heirs and assigns, forever, so that neither the said Grantor nor it's heirs, or any other person or persons for it or in its name or behalf, shall or will hereafter claim or demand any right or title to the aforesaid premises or any part thereof, but they and every one of them, shall, by these presents, be excluded and forever barred. IN WITNESS WHE + OF, the said parties of the first part have executed these presents this day of ce_ 2014. -g Signatory ers Title ,SOUTHEAST MISSOURI HOSPITAL ASSOCIATION STATE OF MISSOURI (SS) COUNTY OF CAPE GIRARDEAU On this F1-- day of J�Nl iC , 2014,.before me, the undersigned notary public, personally appeared �>7 SMI I , known tome to be the persons whose names are subscribed to the within instr ent 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. ___________ tart' Public State of Missouri County of Cape Girardeau My term expires: IM O Li J z4OU) w a � � Sheridan and William Signal Improvements 2001 William Street �7. { I .A ------------ _ _ ! Sheridan and William Signal Improvements I I I � I I I I I I I � I � I I QI } �I =1 I *- I i� qr • I ' I I I I F J" tiw -Mi T� ------------------------------------- i QI °i w' I _- WILLIA wr+ Tq I I I I I I I City of Cape Girardeau Division of Planning Services GIS Data July 1, 2014 N HOPE ----_-- W E S t Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 7/7/2014 SUBJECT Amendment to the Code of Ordinances to remove the specific language for the form and content of a business license issued by the City Clerk. EXECUTIVE SUMMARY The City's Code of Ordinances requires that all persons or entities engaged in certain occupations, businesses or trades obtain a license from the Office of the City Clerk in order to operate within the City. The current ordinance also specifically states the wording that is to be included on the actual business license issued by the City Clerk. This section of the Code was adopted prior to 1967, and the wording is outdated. BACKGROUND/DISCUSSION Staff is in the process of converting all licensing processes to the new Munis software that was previously purchased by the City. This new software has updated forms, content and wording for all types of licenses, including business licenses. After review by the City Clerk and City Attorney, it has been determined that the actual wording for business licenses does not need to be included in the Code of Ordinances, and staff is recommending that the form and content of the license be removed from the City Code. This will also allow staff to change the wording in the future, if necessary, due to changes or updates in software and forms for the business licenses or changes in rules or regulations. FINANCIAL IMPACT The new Munis software has updated forms to be used in the issuance of business licenses. If the City does not use one of existing forms and chooses to customize the wording based on our existing ordinance, the City could be charged up to an additional $1,000 for forms customization. By removing the requirement for the business license wording from the Ordinance, the City will not have to customize the business license form and incur additional fees. STAFF RECOMMENDATION It is recommended that the attached ordinance be approved by the City Council amending the Code of Ordinances relating to the issuance of business licenses. ATTACHMENTS: Name: Description: ❑ Section 15-8 City Clerk Issue License.doc Business Licenses 15-8 Ordinance BILL NO. 14-110 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 15-8 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING BUSINESS LICENSES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 15-8 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Issuance; form, contents", reading as follows: Sec. 15-8. Issuance; form, contents. (a) Duty of city clerk. It shall be the duty of the city clerk to issue a license to any person who complies with the conditions specified for the issuance of such license. (b) Form, content of license. The license shall be substantially in the following form: "TO WHOM IT MAY CONCERN: "Know ye, that having on the day of , A.D., 19 paid to the City Clerk of the City of Cape Girardeau, Mo., the sum of Dollars, being the amount of license tax levied upon his license as I and having otherwise complied with the provisions of the ordinances of said city in his behalf; "Therefore, the said is hereby authorized and empowered to (here insert the name of the business or occupation) from the day of to the day of within the City of Cape Girardeau. "In Witness Whereof we have set our hand and affixed the seal of the said city at our office in said city this day of A. D. 19 " ELherebiniPealed in its entirety, and a new Section 15-8 of Chapter 15 of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to "Issuance", is hereby enacted in lieu, in words and figures, to read as follows: Sec. 15-8. Issuance. Duty of city clerk. It shall be the duty of the city clerk to issue a license to any person who complies with the conditions specified for the issuance of such license. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. ATTEST: Gayle L. Conrad City Clerk Harry E. Rediger, Mayor E Gayle L. Conrad, CMC, MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 7/7/2014 SUBJECT Appointment of two members to the Special Business District Advisory Commission for terms expiring June 30, 2017. EXECUTIVE SUMMARY Two terms on the Special Business District Advisory Commission are set to expire June 30, 2014. Dave Hutson and Kent Zickfield presently hold these positions. There are no other qualified applications on file for this commission. Board members hold three year terms. BACKGROUND/DISCUSSION Individuals who serve on this commission are required to own property or operate a municipally licensed business within the boundaries of the Downtown Special Business District. Members serve for a three year term. Presently there are no qualified applications on file for this commission. With the recent establishment of the Downtown Cape Girardeau Community Improvement District, it is possible that in the future the Special Business District will be absolved. However, until that time, it is necessary to keep current the members on the Commission. STAFF RECOMMENDATION It is recommended that two appointments be made to the Special Business District Advisory Commission for terms expiring June 30, 2017. ATTACHMENTS: Name: ❑ SpecBusDistrict.roster.doc ❑ hutson.david.07-03-07.1)df ❑ zickfeld.kent.06-14-05.1)df Description: Special Business District Roster Board App - Hutson, David Board App - Zickfeld, Kent CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees June 2, 2014 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. Special Business District Advisory Commission Serve three year terms, appointed by Council. Meetings are called by Chairman; required to meet one time per year. The City Manager or his designee shall serve as an ex officio member. Commission administers downtown special business district. Molly Hood, Assistant City Manager -Development Services Director, 339-6327. Date Appointed Date Reappointed Term Expires David Hutson July 23, 2007 6/16/08; 06/20/11 June 30, 2014 Kent Zicktield January, 1987 6/21/99; 6/17/02; 6/20/05 June 30, 2014 7/18/11 Frank M. Kinder August 4, 2003 7/17/06; 6/15/09, 6/18/12 June 30, 2015 Phillip Brinson January 22, 2002 7/21/03; 7/17/06 June 30, 2015 6/16/08; 6/15/09, 6/18/12 Charles P. McGinty, Jr. June 18, 2001 7/19/04,6/30/07; 6/21/10 June 30, 2016 6/17/13 Serve three year terms, appointed by Council. Meetings are called by Chairman; required to meet one time per year. The City Manager or his designee shall serve as an ex officio member. Commission administers downtown special business district. Molly Hood, Assistant City Manager -Development Services Director, 339-6327. Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 7/7/2014 SUBJECT Consideration of appointment of one member to the Board of Examiners for a term expiring July 1, 2017. EXECUTIVE SUMMARY The term of Mr. George Reutzel is set to expire July 1, 2014. He has expressed interest in being reappointed to the Board, and his board application is attached, as well as copies of the attendance and board roster. Mr. Reutzel has exceeded the term limits as defined in the City Ordinance for serving on this advisory board. If no qualified applications are on file, the Council can make a finding that special expertise is required for this position and reappoint Mr. Reutzel. He has served on the board since 1999. In February of 2013, an Ordinance was proposed to the City Council to eliminate the Board of Examiners and to make the review of applicants a staff function. See the attached Excerpt of Minutes of the February 4, 2013, City Council Meeting. At that time, there were several vacancies on the board, some term limited board members, and no qualified applicants. The Council deferred voting on the ordinance, and the Board found qualified applicants to serve on the board. Again this year, there are no qualified applications to replace a term - limited board member. BACKGROUND/DISCUSSION The Board of Examiners is responsible for examining the qualifications of all applicants for a plumber's license, mechanical installer's license, master drainlayer's license and electrician's license and serves to advise the city council and city staff as to any recommendations they deem appropriate with regard to the licensing of these tradesmen in the City of Cape Girardeau. There are eight members on the Board. Seven of the eight members must hold a valid trades license, with one member being an at -large position and not required to hold a license. Two of the eight members may be residents of Cape Girardeau County but must hold a valid trades license, and both of these positions are filled. A copy of the roster and attendance are attached for your review. The following individuals have submitted an advisory board application for the Board of Examiners. With the current makeup of the board, an individual holding a trades license as a mechanical installer, plumber or construction contractor is eligible to serve. Daniel Presson not licensed city resident Walter White not licensed city resident STAFF RECOMMENDATION The City Council has three options: 1. Make a finding that special expertise is required for this position, no qualified applications are on file, and reappoint Mr. Reutzel. 2. Defer the appointment and request the Board find a qualified applicant for this position. 3. Consider the previously proposed ordinance to bring make the review a staff function. ATTACHMENTS: Name: ❑ Examiners roster.doc ❑ Examiners Attendance.xls ❑ reutzel.george.05-08-07.idf ❑ presson.daniel.04-03-14.pdf ❑ white.walter.03-11-14.pdf ❑ exam iners.council review 02-04-13.doc ❑ Marked up Board of Examiners_Ordinance.pdf Description: Board of Examiners Roster Board of Examiners Attendnace Board App - Reutzel, George Board App - Presson, Daniel Board App - White, Walter Council Minutes excerpt 02-04-13 Examiners repeal. ordinance draft CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees June 2, 2014 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. Board of Examiners Date Appointed George Reutzel (construction/electrician) June 21, 1999 Danny E. Stitz (plumber/mech. install.) July 21, 1997 Marc Wicks (at large) Secretary Brian Criddle (mechanical install.) Eric Niswonger (electrician) Tom Hammontree, (plumber) Jeffrey Heise (plumber) James Bowling* (electrician) Chair * outside city limits September 18, 2006 March 18, 2013 March 18, 2013 June 3, 2013 March 18, 2013 December 20, 2010 Date Reappointed Term Expires 6/17/02; 6/20/05; 6/4/07 July 1, 2014 7/1/08; 6/20/11 12/20/99; 12/16/02; January 1, 2015 12/19/05; 12/15/08; 12/19/11 7/7/08?; 12/15/08; 12/19/11 January 1, 2015 --- January 1, 2016 --- January 1, 2016 --- January 1, 2016 12/16/13 January 1, 2017 12/16/13 January 1, 2017 Serve three year terms, appointed by Council. Two of the 8 members may be residents of Cape Girardeau County as long as they hold a valid trades license. Four of the 8 members must have at least 6 years practical experience in 1 of the construction trades and be licensed in and actually engaged in working at their construction trade at the time of appointment. These four members must include not more than one of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumbing fixture installer. Three members must be licensed as either a plumber, an electrician, a mechanical installer, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in working at their trade at the time of their appointment. One member need not be a licensed practitioner of the construction trades. Two members may be residents of Cape County. Meetings held first Wednesday at 7:00 p.m. in Council Chambers. Board considers applications for building trades licenses. Staff contact —Tim Morgan, Inspection Services Director. 339-6328. I*07e1Nexel M EXT1 LVA II LIIAZ10 WiRMT16FiIren- 0=6 em Ordinance effective 4/13/00 X = present, A = absent 2013 Wednesday Jan 2 Feb 6 Mar 6 Apr 3 May 1 Jun 5 Jul 3 Aug 7 Sep 4 Oct Nov 2 6 Dec 1St 2nd 4 letter letter 3rd termi- letter nated Bowlin , James P •' M ' P A P P P P P A Coomer, Dennis Not w a ointment 01/01/13 Criddle, Brian ap 0 /18/13 P P P P P A P P Hammontree, Tom 2013 Wednesday Jan 2 Feb 6 Mar 6 Apr 3 May 1 Jun 5 Jul 3 Aug 7 Sep 4 Oct Nov 2 6 Dec 1St 2nd 4 letter letter 3rd termi- letter nated Bowlin , James P P P A P P P P P A Coomer, Dennis Not w a ointment 01/01/13 Criddle, Brian ap 0 /18/13 P P P P P A P P Hammontree, Tom appointed 6/3/13 A P P P P P Heise, Ji a /18/13 P P P P P P P P Niswonger, Eric ap /18/13 P P A P P A P P Pinkle , Tim P P P A no longer on board, term ex it 06/03/13 Reutzel, George P P P P P P P P P P Stitz, Dan P P P P P P P P P P Wicks, Marcus P P P P I P I P A P P P EXCERPT OF MINUTES OF FEBRUARY 4, 2013, CITY COUNCIL MEETING Relating to Board of Examiners APPEARANCES Mr. Dan Stitz, a member of the Board of Examiners, appeared before the Council regarding the proposed Ordinance to eliminate the Board of Examiners. He said that Mr. Meyer came before the Board in December because they had not been able to maintain a full board with the required licenses, though they have always maintained enough members to make a quorum. Mr. Stitz reported that Mr. Meyer stated there were two reasons the issue was brought forward: 1) the cost of maintaining the Board to the City. The Board members are not paid a salary, but they do receive City privileges. In addition, there are comp time costs to have Ms. Dianna Barnes take meeting notes; and 2) not having a full board or applicants on file to get appointed to the board, the members are reappointed beyond the term limits. Mr. Stitz said that he didn't see a problem with reappointing members beyond the term limits. He said that he doesn't understand why there are term limits for the Board members. Even with a full eight -member board, the Board of Examiners would still be in the same situation and would still reappoint the same eight people repeatedly, unless they receive a large number of applications. Mr. Stitz said that the proposed Ordinance appoints Mr. Meyer as the person in charge of reviewing the applications for licensing. He reviewed Section 15-426 of the Code of Ordinance, which explains the City Manager duties, said that there are items in the proposed Ordinance that conflict with the current Ordinance outlining the City Manager's duties. He pointed out that a future City Manager may not be qualified to review the trades licensing applicants. Mr. Voss stated that the language in the proposed Ordinance is the standard language that is used in many Ordinances. It is the way the City empowers the City Manager or his designee to carry out the directions of the Ordinance. It is the responsibility of the City Manager to fulfill the obligation of the Ordinance. Mr. Voss said that all Advisory Boards have term limits to provide opportunities for other citizens to serve on City advisory boards. Mr. Cunningham said that the provisions that set term limits for all City Advisory Boards are in Chapter 2 of the City Code of Ordinances. Mr. Meyer said that the costs of maintaining the Board of Examiners is not the main reason for addressing the issue. The reason for the proposed Ordinance is mostly due to the City Charter and the perception that the Board has not been able to fill the eight member spots for many years. Mr. Meyer said that the City is not currently fulfilling the intent of the City Charter. Mr. George Reutzel, an electrician and a member and past chairman of the Board of Examiners, addressed the Council. He expressed concerns with the staff reviewing applications for trades licenses. While it might expedite the review, the applicant still has to wait for the testing time, which is about every 5 weeks. Mr. Reutzel said that he interpreted the proposed Ordinance to state that the City Manager will proctor the examination. He now understands that the City Manager will not be doing that, but the Ordinance is not written well. Mr. Reutzel said that the Board of Examiners has never failed to have a quorum, and he feels that it is not proper to disband the Board of Examiners at this time. Mr. Reutzel asked the Council to give the Board 30 to 60 days to recruit additional applicants, as they discussed during the study session. BILL NO. 13-28, an Ordinance amending Chapter 2 and Chapter 15 of the City Code and by Repealing the Board of Examiners, and Enacting new sections 15-426 and 15-427 regarding processing of applications. First Reading. A Motion was made by Loretta Schneider, Seconded by Meg Davis to approve. Ms. Davis recommended that a vote on this ordinance be deferred for 30 days to allow additional people to apply for the Board of Examiners. A Motion was made by Meg Davis, Seconded by Loretta Schneider to defer. Motion passed. 5-0. Aye: Buhs, Davis, Lanzotti, Schneider, Voss. Absent: Rediger, Summers. Mr. Lanzotti encouraged the members to find applicants for the Board of Examiners. He said that if applicants could not be found, the Council will consider bringing the function in-house. BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 AND CHAPTER 15 OF THE CITY CODE BY REPEALING THE BOARD OF EXAMINERS, AND ENACTING NEW SECTIONS 15- 426 AND 15-427 REGARDING PROCESSING OF APPLICATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 2-96 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled, "Boards and commissions," reading as follows: Sec. 2-96. - Board of commissions. Except as otherwise required by state or federal law, the City Charter, or another city ordinance specifically dealing with a particular board or commission, the provisions of this article shall apply to the following boards and commissions: Cape Girardeau Airport Board, Board of Adjustment, Board of Appeals, Board of Examiners, Cape Jaycee Municipal Golf Course Advisory Board, Cape Girardeau Historic Preservation Commission, Girardeau Goes Green Advisory Board, Park and Recreation Advisory Board, Planning and Zoning Commission, Public Library Board, Special Business District Advisory Commission, Tree Board, and any other board or commission established by the city council pursuant to sections 5.04, 5.05 and 5.06 of the City Charter. is hereby repealed in its entirety, and a new Section 2-96, entitled, "Boards and commissions," is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 2-96. - Board of commissions. Except as otherwise required by state or federal law, the City Charter, or another city ordinance specifically dealing with a particular board or commission, the provisions of this article shall apply to the following boards and commissions: Cape Girardeau Airport Board, Board of Adjustment, Board of Appeals, Cape Jaycee Municipal Golf Course Advisory Board, Cape Girardeau Historic Preservation Commission, Girardeau Goes Green Advisory Board, Park and Recreation Advisory Board, Planning and Zoning Commission, Public Library Board, Special Business District Advisory Commission, Tree Board, and any other board or commission established by the city council pursuant to sections 5.04, 5.05 and 5.06 of the City Charter. ARTICLE 2. Section 15-426 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled, "Board of Examiners," reading as follows: Sec. 15-426. - Board of examiners. (a) Creation. There is hereby created a board of examiners of construction trades consisting of eight (8) regular members. (b) Term, appointment, qualifications. (1) The city council shall appoint the eight (8) members of the board of examiners by formal motion and majority action. Except as otherwise provided in section 2-98, members of the board of examiners shall serve for terms of three (3) years. All members' terms shall be staggered so that three (3) members' terms expire each year, but every third year only two (2) members' terms shall expire. (2) Four (4) of the eight (8) members of the board shall have at least six (6) years practical experience in one (1) of the construction trades, and be licensed E hereunder and be actually engaged in or working at their construction trade at the time of their appointment. These four (4) regular members of the board must include not more than one (1) of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumber fixture installer. (3) Three (3) members of the board shall all be licensed pursuant to this article as either a plumber, a mechanical installer, an electrician, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in or working at their trade at the time of their appointment. (4) One (1) of the eight (8) members of the board need not be a licensed practitioner of one (1) of the construction trades. (5) Up to two (2) of the eight (8) members of the board of examiners may be residents of Cape Girardeau County, as long as they hold a valid construction trades license under the terms of this chapter. The remaining members must be residents of the city. (c) Officers. The board of examiners shall meet annually during the month of January to elect officers. (d) Meetings. The board of examiners shall meet regularly at least once each calendar month for the purpose of examining all applicants who have requested licenses pursuant to this article. The action of a simple majority of the members will suffice to render a decision. The board shall report to the council who has been tested, the results of the tests, and the reasons for denial of any license. 3 (e) Duties. It shall be the duty of the board of examiners to examine the qualifications of all applicants for a plumber's license, mechanical installer's license, master drainlayer's license and electrician's license, as to their knowledge of and ability to perform the duties and services of the trade for which the application is made. The results of such examination shall be certified to the city clerk, where the certified results will become a permanent record. As a result of the aforesaid examination, the board of examiners may, when satisfied as to the competency and ability of the applicants for plumber's, mechanical installer's, master drainlayer's and electrician's licenses, authorize the city clerk to issue a plumber's, mechanical installer's, master drainlayer's or electrician's license to the applicant. The board shall commission the administration of tests as required herein to a nationally recognized testing agency using a nationally recognized test or the equivalent. The board shall also serve to advise the city council and city staff as to any recommendations they deem appropriate with regard to the licensing of various trades in the City of Cape Girardeau, Missouri. The City Clerk of Cape Girardeau is hereby authorized to act on behalf of the board of examiners in issuance of licenses for construction contractors and plumbing fixture installers. is hereby repealed in its entirety, and a new Section 15-426, entitled, "Processing of Applications," is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 15-426. - Processing of applications. (a) Duty of City Manager. It shall be the duty of the City Manager to examine the qualifications of all applicants for a plumber's license, mechanical installer's license, master drainlayer's license and electrician's license, as to their knowledge of and V. ability to perform the duties and services of the trade for which the application is made. The results of such examination shall be certified to the City Clerk, where the certified results will become a permanent record. As a result of the aforesaid examination, the City Manager may, when satisfied as to the competency and ability of the applicants for plumber's, mechanical installer's, master drainlayer's and electrician's licenses, authorize the City Clerk to issue a plumber's, mechanical installer's, master drainlayer's or electrician's license to the applicant. The City Manager shall commission the administration of tests as required herein to a nationally recognized testing agency using a nationally recognized test or the equivalent. The City Manager shall also serve to advise the City Council and City Staff as to any recommendations they deem appropriate with regard to the licensing of various trades in the City of Cape Girardeau, Missouri. (b) Duty of City Clerk. The City Clerk of Cape Girardeau is hereby authorized to act on behalf of the City Manager in issuance of licenses for construction contractors and plumbing fixture installers. (c) Appeals. Any applicant aggrieved by a decision of the City Manager may appeal that decision within �--errfourteen (1-44) days to the Board of Appeals created in Chapter 7 of the City Code. All appeals must be in writing, and they must state the basis for such appeal and the specific relief sought. (d) City Manager. The term City Manager as used in the Article shall mean the current City Manager of the City of Cape Girardeau, Missouri, or his or her designee. ARTICLE 3. Section 15-427 of the Code of Ordinances of Cape Girardeau, Missouri, entitled, "License required," reading as follows: Sec. 15-427. - License required. 5 (a) License required. Any person who engages in or performs work on installing or altering plumbing facilities in a building or structure, or for any building or structure or who engages in or performs the work of installing the sanitary or building storm sewer, or any work concerning the installation of sanitary or storm trunk, main and lateral sewers on public property, recorded easements or on private property, when such work is required to be done in accordance with the ICC International Plumbing Code, shall be a licensed master or journeyman plumber, or shall be working under the direct supervision of a licensed plumber, or shall be a registered apprentice, except as otherwise provided in this Code. Any person who engages in or works at the installation of the sanitary or storm building sewer, starting five (5) feet beyond the building foundation wall, (end of building drain) or any work concerning the installation of sanitary or storm, trunk, main and lateral sewers, on public property, recorded easements, or on private property when such work is required to be done in conformance with the ICC International Plumbing Code, shall be a master drainlayer, or shall be working under the direct supervision of a master drainlayer, a journeyman plumber or a master plumber, or shall be a registered apprentice, except as otherwise provided in this Code. Any person who engages in or works at the installation, extension, alteration or repair of any heating or cooling appliances, gas piping, related duct and venting requirements in connection with the appropriate service on consumers premises within the city, where such work is required to be done in conformity with the ICC International Mechanical Code and ICC International Fuel Code, shall be a licensed mechanical installer, or shall be working under the direct supervision of a licensed mechanical installer, or shall be a registered apprentice, except as otherwise provided in this Code. R Any person who engages in or works at installing or repairing of electrical wiring, fixtures or other appurtenances, whenever such work is required to be done in conformance with the National Electrical Code, shall be a licensed electrician, or shall be working under the direct supervision of a licensed electrician, or shall be a registered apprentice, except as otherwise provided in this Code. Any person who engages in or works at building, constructing or renovating any buildings or structures within the City of Cape Girardeau, when such work is required to be done in conformance with the ICC International Building Code, shall be a licensed construction contractor or shall be working under the direct supervision of a licensed construction contractor, except as otherwise provided in this Code. Any person who engages in or works at the installation of water conditions or water treatment equipment, spas, swimming pools, dish washers, ice makers, lawn sprinkler systems and other limited plumbing efforts that involve tapping into a present water system without extending or altering the system other than installing additional equipment shall be a licensed plumbing fixture installer, or shall be working under the direct supervision of a licensed plumbing fixture installer, or shall be a registered apprentice, except as otherwise provided in this Code. Any qualified and licensed technician when performing work under a permit as per the ICC International Codes may install in a very limited and necessary manner, related piping, electrical wiring, duct work, and other hardware to make the equipment installation complete and useable. (b) Classifications requiring license. Classifications of building trades construction licenses for which the board of examiners shall examine qualifications are: (1) Master plumber. 7 (2) Journeyman plumber. (3) Mechanical installer. (4) Master drainlayer. (5) Master electrician. (6) Journeyman electrician. (7) Residential electrician. (8) Electrical maintenance. (9) Sign contractor, electrician. (10) Construction contractor. (11) Plumbing fixture installer. (c) Qualifications. (1) Master plumber. The applicant for a master plumber's license shall have at least one (1) year experience as a licensed journeyman plumber or in lieu thereof, possess such experience or training as is the equivalent thereto. Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of plumbing systems, house drainage and structure ventilation; or b. The satisfactory completion of a two (2) year course in practical plumbing, structure drainage and structure ventilation at a recognized trade or technical school, and four (4) years 0 experience in the design, planning and installation of plumbing systems, structure drainage and structure ventilation. The applicant shall also possess the ability to direct other persons in the performance of plumbing work, and shall be skilled in planning, designing and installing plumbing fixtures and facilities. (2) Journeyman plumber. The applicant for a journeyman plumber's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license. The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (3) Mechanical installer. The applicant for a mechanical installer shall have four (4) years practical experience working in the trade for which the applicant is applying for a license. The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (4) Master drainlayers. The applicant for a master drainlayer's license shall have at least three (3) years of practical experience working 7 in the trade for which the applicant is applying for a license. The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire three (3) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (5) Master electrician. The applicant for a master electrician's license shall have one (1) year experience as a licensed journeyman electrician or in lieu thereof, possess such experience or training as is the equivalent thereto. Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of electrical systems; or, b. The satisfactory completion of a two (2) year course in practical electrical installation at a recognized trade or technical school, and four (4) years experience in the design, planning and installation of electrical systems. The applicant shall also possess the ability to direct other persons in the performance of electrical work, and shall be skilled in planning, designing and installing electrical fixtures and facilities. (6) Journeyman electrician. The applicant for a journeyman electrician's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying 10 for a license. The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (7) Residential electrician. The applicant for a residential electrician's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license. The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. Those who qualify can perform electrical work in single-family, duplex and tri-plex residential structures only. The term "residential structures" shall not include dormitories. (8) Electrical maintenance. The applicant for electrical maintenance licenses shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license. Any maintenance shall be limited to the repair of existing branch circuits, fixtures, apparatus or equipment and the relocation of existing branch circuits and the switching or de - energizing of the same for safety purposes on premises or buildings owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance electrician is permanently employed. This position cannot 11 install, alter or replace service equipment or any feeder to the service equipment. (9) Sign contractor, electrician. The applicant for the sign contractor, electrician license shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license. Those who qualify may install, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs, and are qualified to erect signs. (10) Construction contractor and plumbing fixture installer. Applicants for the construction contractor and plumbing fixture installers licenses need have no practical experience nor are they subject to any examination by the board of examiners as to their competence and ability, but instead shall be issued their license upon application to the city clerk. (11) Apprentice. An "apprentice" as that term is used in this Code means a person undergoing training or instruction in any of the trades and who has registered with the board of examiners as an apprentice setting forth in such requirement his name, age and address, trade identification, employer's name and address. Apprentices must have apprentice cards while working on a jobsite requiring permits. The apprentice shall be responsible to keep all information in these records complete, up-to-date, and accurate. An annual registration fee of fifteen dollars ($15.00), renewable July 1 of each year, shall be assessed. (d) Fees. The annual fee for a building trades license issued hereunder shall be thirty-five dollars ($35.00) for each of the construction trades licenses. 12 (e) Expiration and renewal. A license issued by the board or the city clerk shall expire on April first of the year following the year in which it is issued and may be renewed upon payment of the annual fee in the amount provided in the section above. Expired licenses may be renewed within thirty (30) days after they expire upon the payment of the penalty of ten dollars ($10.00). A penalty of twenty dollars ($20.00) shall apply upon expiration of thirty-one (31) to sixty (60) days and a penalty of thirty dollars ($30.00) shall apply upon expiration of 61 to 90 days. A licensee whose license has expired longer than ninety (90) days shall be reexamined in the same manner as the required initial examination under this Code. (f) Revocation, suspension. The board of examiners may suspend the license of any person who is convicted in the Municipal Court of Cape Girardeau, Missouri, of violating any provision of the Cape Girardeau Construction Codes. The suspension shall be for a period of up to ninety (90) days. The board of examiners may revoke any license obtained through nondisclosure, misstatement or misrepresentation of a material fact. Further, the board may revoke the license of any person who shall have been convicted for the second or subsequent offense of any violation of the Cape Girardeau Construction Codes. Such revocations shall be for a period of one (1) year. Before a license may be suspended or revoked, the licensee shall have notice in writing enumerating the charges against him and be entitled to a hearing by the board of examiners not sooner than five (5) days from their receipt of the notice. The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross- examination. All testimony shall be given under oath. The board shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses. The decision of the board shall be based 13 upon the evidence produced at the hearing and made a part of the record thereof. A person whose license has been revoked shall not be permitted to apply for a new license within one (1) year of the date of revocation and at the time of the application for a new license shall be required to be examined as though being licensed for the first time. (g) Examination and registration. Any person desiring to engage in business as a master plumber, journeyman plumber, master drainlayer, mechanical installer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, shall make written application to the board of examiners for a license. The application shall be made on forms available at the office of inspection services. The applicant shall appear at the next regularly scheduled meeting of the board so as to establish the applicant's compliance with the experience requirements of this article. Applicants for master plumber, journeyman plumber, mechanical installer, master drainlayer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, licenses shall undergo such examination as the board shall direct so as to establish the competency and qualifications of the applicant. The board may, at its option, designate an independent third party for the preparation and supervision of the testing required herein. All examinations given by the board of examiners or its designee shall be standardized in nature and shall test the qualifications of the applicant as to his or her ability to perform as required by the construction codes of the city. Such examinations may be in written form or may be a field practicum. Such test shall include an open book segment on the pertinent construction code. An examination fee equivalent to the cost of administering the examination will be remitted from the applicant for each and every test taken. 14 Applications for a construction contractor, plumbing fixture installer, or apprentice license shall be made on forms available at the office of building inspector. (1) Examination for a master plumber's license. The examination for a master plumber's license shall be a written examination of the applicant's ability, experience and skill in the aspects of practical plumbing/management skills as may be necessary to meet the qualifications required for master plumbers. (2) Examination for journeyman plumber's license. The examination for a journeyman plumber's license shall be a written examination of the applicant's ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of plumbing and drainage systems or parts thereof generally. (3) Examination for master drainlayer's license. The examination for a master drainlayer's license shall be a written examination of the applicant's ability, experience and skill in the installation of house sewers and sewer lines beyond a point five (5) feet outside a building, and the planning, designing, direction, supervision and installation of public and private sewers and storm drains. (4) Examination for mechanical installer. The examination for a mechanical installer shall be a written examination of the applicant's ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of gas service or appliances and all related mechanical equipment including duct and venting apparatus or parts generally thereof. (5) Examination for electrician's license. The examination for any electrician's license shall be a written examination of the applicant's 15 ability, experience and skill in the aspects of practical electrical skills as may be necessary to meet the qualifications required for electricians. (6) Notwithstanding any other provisions of this section, the board may issue a license without an examination under the following terms and conditions: a. If the board finds through its investigation that the applicant has a similar license issued by another city, state, or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau; and b. If the other licensing authority would grant a license without examination to an applicant holding a license issued by the City of Cape Girardeau; and C. If the applicant pays all fees and meets all the other requirements of this section, except that in the event that the reciprocal licensee fails to renew his license within the specified time period for renewal, he shall be subject to the renewal requirements as if he were a resident licensee. (h) Existing electrician license holders. All persons licensed as an electrician as of March 28, 1996, shall be entitled to continue working in that capacity and license status under their existing electrician license, without the necessity of passing an examination, as long as they have complied with all other requirements for that license, provided however, that they must obtain a new license issued pursuant to this article on or before March 28, 2001. The holder 16 of an existing electrician license may apply for one of the new licenses set out in section 15-427(c)(5), (6), (7), (8), (9) and (11), and shall specify in the application what type of license is desired. If the applicant meets the requirements for training and experience established in section 15-427(c) for that license as determined by the board of examiners, that license shall be issued. In addition, applicants for a master electrician license shall personally appear before the board of examiners to present their application and to satisfy the board of examiners' inquiries about their training and experience, before a master electrician license may be issued. (i) Temporary license. The board may issue a temporary license pending examination, provided the applicant holds a similar license issued by another city, state or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau. Such permit shall not be valid for more than sixty (60) days. (j) Insurance. Any person who shall apply for a construction trades license pursuant to this article shall state to the city clerk whether such applicant, or his employer, has obtained general liability insurance coverage for his or her work to be done under the supervision of such employer and pursuant to such license. The applicant shall provide proof of such liability insurance, minimum amount being three hundred thousand dollars ($300,000.00), to the city clerk with the name of the insurance carrier and the limits of coverage and the duration of the policy which has been purchased. (k) Inactive license holders. Those persons that hold any license that requires testing in accordance with this section shall be exempt from the worker's compensation and liability insurance verification requirements, and annual renewal fees, when they obtain an inactive license. The holder of an inactive 17 license cannot obtain permits and cannot work in his licensed occupation(s) for compensation. The holder of an inactive license may obtain an active license by complying with all the requirements of this article and applicable state law. is hereby repealed in its entirety, and a new Section 15-427, entitled, "License required," is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 15-427. - License required. (a) License required. Any person who engages in or performs work on installing or altering plumbing facilities in a building or structure, or for any building or structure or who engages in or performs the work of installing the sanitary or building storm sewer, or any work concerning the installation of sanitary or storm trunk, main and lateral sewers on public property, recorded easements or on private property, when such work is required to be done in accordance with the ICC International Plumbing Code, shall be a licensed master or journeyman plumber, or shall be working under the direct supervision of a licensed plumber, ee siea!! _ except as otherwise provided in this Code. Any person who engages in or works at the installation of the sanitary or storm building sewer, starting five (5) feet beyond the building foundation wall, (end of building drain) or any work concerning the installation of sanitary or storm, trunk, main and lateral sewers, on public property, recorded easements, or on private property when such work is required to be done in conformance with the ICC International Plumbing Code, shall be a master drainlayer, or shall be working under the direct supervision of a master drainlayer, a journeyman plumber or a master plumber,e�ah �. a�t_.T ad r-ei� except as otherwise provided in this Code. M Any person who engages in or works at the installation, extension, alteration or repair of any heating or cooling appliances, gas piping, related duct and venting requirements in connection with the appropriate service on consumers premises within the city, where such work is required to be done in conformity with the ICC International Mechanical Code and ICC International Fuel Code, shall be a licensed mechanical installer, or shall be working under the direct supervision of a licensed mechanical installer, ei� i�' e asci except as otherwise provided in this Code. Any person who engages in or works at installing or repairing of electrical wiring, fixtures or other appurtenances, whenever such work is required to be done in conformance with the National Electrical Code, shall be a licensed electrician, or shall be working under the direct supervision of a licensed electrician, eY�a4�'e a s p ��__ except as otherwise provided in this Code. Any person who engages in or works at building, constructing or renovating any buildings or structures within the City of Cape Girardeau, when such work is required to be done in conformance with the ICC International Building Code, shall be a licensed construction contractor or shall be working under the direct supervision of a licensed construction contractor, except as otherwise provided in this Code. Any person who engages in or works at the installation of water conditions or water treatment equipment, spas, swimming pools, dish washers, ice makers, lawn sprinkler systems and other limited plumbing efforts that involve tapping into a present water system without extending or altering the system other than installing additional equipment shall be a licensed plumbing fixture installer, or shall be working under the direct supervision of a licensed plumbing fixture installer, ei i�,e ate �ee7--except as otherwise provided in this Code. 19 Any qualified and licensed performing work under a permit International Codes may install in necessary manner, related piping, duct work, and other hardware to installation complete and useable. technician when as per the ICC a very limited and electrical wiring, make the equipment (b) Classifications requiring license. Classifications of building trades construction licenses for which the City Manager shall examine qualifications are: (1) Master plumber. (2) Journeyman plumber. (3) Mechanical installer. (4) Master drainlayer. (5) Master electrician. (6) Journeyman electrician. (7) Residential electrician. (8) Electrical maintenance. (9) Sign contractor, electrician. (10) Construction contractor. (11) Plumbing fixture installer. (c) Qualifications. (1) Master plumber. The applicant for a master plumber's license shall have at least one (1) year experience as a licensed journeyman plumber or in lieu thereof, possess such experience or training as is the equivalent thereto. Equivalent training and experience shall mean: a. A degree in engineering from an 20 accredited college or university, and two (2) years of experience in the design, planning and installation of plumbing systems, house drainage and structure ventilation; or b. The satisfactory completion of a two (2) year course in practical plumbing, structure drainage and structure ventilation at a recognized trade or technical school, and four (4) years experience in the design, planning and installation of plumbing systems, structure drainage and structure ventilation. The applicant shall also possess the ability to direct other persons in the performance of plumbing work, and shall be skilled in planning, designing and installing plumbing fixtures and facilities. (2) Journeyman plumber. The applicant for a journeyman plumber's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license. The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (3) Mechanical installer. The applicant for a mechanical installer shall have four (4) years practical experience working in the trade for which the applicant is applying for a license. The City Manager may waive two (2) years of the practical experience requirement if an applicant 21 has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (4) Master drainlayers. The applicant for a master drainlayer's license shall have at least three (3) years of practical experience working in the trade for which the applicant is applying for a license. The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire three (3) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (5) Master electrician. The applicant for a master electrician's license shall have one (1) year experience as a licensed journeyman electrician or in lieu thereof, possess such experience or training as is the equivalent thereto. Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of electrical systems; or, b. The satisfactory completion of a two (2) year course in practical electrical installation at a recognized trade or technical school, and four (4) years experience in the design, planning and installation of electrical systems. 22 The applicant shall also possess the ability to direct other persons in the performance of electrical work, and shall be skilled in planning, designing and installing electrical fixtures and facilities. (6) Journeyman electrician. The applicant for a journeyman electrician's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license. The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (7) Residential electrician. The applicant for a residential electrician's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license. The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. Those who qualify can perform electrical work in single-family, duplex and tri- plex residential structures only. The term "residential structures" shall not include dormitories. (8) Electrical maintenance. The applicant for electrical maintenance licenses shall have at least three (3) years practical experience in the trade for which the applicant is applying for a 23 license. Any maintenance shall be limited to the repair of existing branch circuits, fixtures, apparatus or equipment and the relocation of existing branch circuits and the switching or de - energizing of the same for safety purposes on premises or buildings owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance electrician is permanently employed. This position cannot install, alter or replace service equipment or any feeder to the service equipment. (9) Sign contractor, electrician. The applicant for the sign contractor, electrician license shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license. Those who qualify may install, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs, and are qualified to erect signs. (10) Construction contractor and plumbing fixture installer. Applicants for the construction contractor and plumbing fixture installers licenses need have no practical experience nor are they subject to any examination by the City Manager as to their competence and ability, but instead shall be issued their license upon application to the City -e�Manager. 1 Y)9i�7 i-e.�A-n " }s �-4Te a era��# e elft _e__ F ++ T_ i+.TCi ie ___ _- C-LLTCCC.9�ISQ l/v �O�cs � G SCee -+ e - _--f-=- e3eft e , rt 7atr4 a-4 ewe, z=ap tmt - eefttelete�e ;rleea; �e q - - = - i ewe—agree—sa��e if2e-taii ii feefee#=="' -e e52 24 (d) Fees. The annual fee for a building trades license issued hereunder shall be`_e—e�3e _ _- "�_''-r-e F `cir�eo=rrSci't'nn crcS�i ccFrS-E B as established in the city fee schedule, as amended. (e) Expiration and renewal. A license issued by the G' #4e —City Clerk shall expire one (1), two (2), or three (3) years from the date of issue are �s iesrz wand may be renewed upon payment of the annual fee(s) and penalty, if any, as and in the amount(s) - -. established in the „e. ra-crn city fee schedule, as amended. T li-eeieses etas -6e( -39)4at-s a e Vie: g n nn l+-- ec elelle S n nn T+'1���z=�� ". � ��vv=c'�t l' _- = _ _ _- �' S � �,'�v-ov�Si3-Trr rr, t_41- �__ _ - _ _ __ e- - eiee (3;) #.^ A licensee whose license has expired longer than ninety (90) days shall fie — reapply in the same manner as the required initial---r-#_er application under this Code. (f) Revocation, suspension. The City Manager may suspend the license of any person who is convicted in the Municipal Court of Cape Girardeau, Missouri, of violating any provision of the Cape Girardeau Construction Codes. The suspension shall be for a period of up to ninety (90) days. The City Manager may revoke any license obtained through nondisclosure, misstatement or misrepresentation of a material fact. Further, the City Manager may revoke the license of any person who shall have been convicted for the second or subsequent offense of any violation of the Cape Girardeau 25 izeeeQS ear te]— e# e , -r}-fim-}i-aA i� e'r�S -ITtTom'''' a e e F 'L'ie S ^^6,ix-3��i� (d) Fees. The annual fee for a building trades license issued hereunder shall be`_e—e�3e _ _- "�_''-r-e F `cir�eo=rrSci't'nn crcS�i ccFrS-E B as established in the city fee schedule, as amended. (e) Expiration and renewal. A license issued by the G' #4e —City Clerk shall expire one (1), two (2), or three (3) years from the date of issue are �s iesrz wand may be renewed upon payment of the annual fee(s) and penalty, if any, as and in the amount(s) - -. established in the „e. ra-crn city fee schedule, as amended. T li-eeieses etas -6e( -39)4at-s a e Vie: g n nn l+-- ec elelle S n nn T+'1���z=�� ". � ��vv=c'�t l' _- = _ _ _- �' S � �,'�v-ov�Si3-Trr rr, t_41- �__ _ - _ _ __ e- - eiee (3;) #.^ A licensee whose license has expired longer than ninety (90) days shall fie — reapply in the same manner as the required initial---r-#_er application under this Code. (f) Revocation, suspension. The City Manager may suspend the license of any person who is convicted in the Municipal Court of Cape Girardeau, Missouri, of violating any provision of the Cape Girardeau Construction Codes. The suspension shall be for a period of up to ninety (90) days. The City Manager may revoke any license obtained through nondisclosure, misstatement or misrepresentation of a material fact. Further, the City Manager may revoke the license of any person who shall have been convicted for the second or subsequent offense of any violation of the Cape Girardeau 25 Construction Codes. Such revocations shall be for a period of one (1) year. Before a license may be suspended or revoked, the licensee shall have notice in writing enumerating the charges against him and be entitled to a hearing by the City Manager not sooner than five (5) days from their receipt of the notice. The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross- examination. All testimony shall be given under oath. The City Manager shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses. The decision of the City Manager shall be based upon the evidence produced at the hearing and made a part of the record thereof. A person whose license has been revoked shall not be permitted to apply for a new license within one (1) year of the date of revocation and at the time of the application for a new license shall be required to be examined, based on the license classification requested, as though being licensed for the first time. (g) Examination and registration. Any person desiring to engage in business as a master plumber, journeyman plumber, master drainlayer, mechanical installer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, shall make written application to the City Manager for a license. The application shall be made on such forms a# ie-- after}st-e,e#' i+—He— provided by the city. The applicant shall appear rt �- �-ireimte seieeelele�, _eet-ej e`before the City Manager so as to establish the applicant's compliance with the experience requirements of this article. Applicants for master plumber, journeyman plumber, mechanical installer, master drainlayer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, licenses shall undergo such examination as the City Manager shall direct so as to establish the competency and qualifications of the applicant. 26 The City Manager ,shall designate an independent third party for the preparation and supervision of the testing required herein. All examinations given by the City Manager or his or her designee shall be standardized in nature and shall test the qualifications of the applicant as to his or her ability to perform as required by the construction codes of the city. Such examinations shall be in written forme_ _-1 -_ - --j-e4e4 »mss spa k�a,se Applications for a construction contractor, plumbing fixture installer, or apprentice license shall be made on such formsa�-- sa provided by the city. (1) Examination for a master plumber's license. The examination for a master plumber's license shall be a written examination of the applicant's ability, experience and skill in the aspects of practical plumbing/management skills as may be necessary to meet the qualifications required for master plumbers. (2) Examination for journeyman plumber's license. The examination for a journeyman plumber's license shall be a written examination of the applicant's ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of plumbing and drainage systems or parts thereof generally. (3) Examination for master drainlayer's license. The examination for a master drainlayer's license shall be a written examination of the applicant's ability, experience and skill in the installation of house sewers and sewer lines beyond a point five (5) feet outside a building, and the 27 planning, designing, direction, supervision and installation of public and private sewers and storm drains. (4) Examination for mechanical installer. The examination for a mechanical installer shall be a written examination of the applicant's ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of gas service or appliances and all related mechanical equipment including duct and venting apparatus or parts generally thereof. (5) Examination for electrician's license. The examination for any electrician's license shall be a written examination of the applicant's ability, experience and skill in the aspects of practical electrical skills as may be necessary to meet the qualifications required for electricians. (6) Notwithstanding any other provisions of this section, the City Manager may issue a license without an examination under the following terms and conditions: a. If the City Manager finds through his or her investigation that the applicant has a similar license issued by another city, state, or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau; and b. If the other licensing authority would grant a license without examination to an applicant holding a license issued by the City of Cape Girardeau; and C. If the applicant pays all fees and meets 99 all the other requirements of this section, except that in the event that the reciprocal licensee fails to renew his license within the specified time period for renewal, he shall be subject to the renewal requirements as if he were a resident licensee. (h) Existing electrician license holders. All persons licensed as an electrician as of March 28, 1996, shall be entitled to continue working in that capacity and license status under their existing electrician license, without the necessity of passing an examination, as long as they have complied with all other requirements for that license, provided however, that they must obtain a new license issued pursuant to this article on or before March 28, 2001. The holder of an existing electrician license may apply for one of the new licenses set out in section 15-427(c)(5), (6), (7), (8), (9) and (11), and shall specify in the application what type of license is desired. If the applicant meets the requirements for training and experience established in section 15-427(c) for that license as determined by the City Manager, that license shall be issued. In addition, applicants for a master electrician license shall personally appear before the City Manager to present their application and to satisfy the City Manager's inquiries about their training and experience, before a master electrician license may be issued. (i) Temporary license. The City Manager may issue a temporary license pending examination, provided the applicant holds a similar license issued by another city, state or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau. Such permit shall not be valid for more than sixty (60) days. (j) Insurance. Any person who shall apply for a construction trades license pursuant to this article 29 shall state to the -eCity -ems Manager whether such applicant, or his employer, has obtained general liability insurance coverage for his or her work to be done under the supervision of such employer and pursuant to such license. The applicant shall provide proof of such liability insurance, minimum amount being three hundred thousand dollars ($300,000.00), to the City— Manager with the name of the insurance carrier and the limits of coverage and the duration of the policy which has been purchased. (k) Inactive license holders. Those persons that hold any license that requires testing in accordance with this section shall be exempt from the worker's compensation and liability insurance verification requirements, and annual renewal fees, when they obtain an inactive license. The holder of an inactive license cannot obtain permits and cannot work in his licensed occupation(s) for compensation except as otherwise provided in this Code. The holder of an inactive license may obtain an active license by complying with all the requirements of this article and applicable state law. ARTICLE 4. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 6. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2013. ATTEST: Harry E. Rediger, Mayor 30 Gayle L. Conrad, City Clerk 31 Gayle L. Conrad, MRCC/CMC, Staff: Director of Citizen Services/City Agenda: Clerk 7/7/2014 SUBJECT Appointment of one regular member to the Girardeau Goes Green Advisory Board for a term expiring July 1, 2017, and the appointment of one ex -officio member for a term expiring July 1, 2015. EXECUTIVE SUMMARY The term of regular member Steve Maldonado is set to expire July 1, 2014. In addition, Mr. Greg Wubbena has resigned his ex -officio position, which was set to expire July 1, 2015. Mr. Maldonado has expressed interest in being reappointed, and his board application is attached. A copy of the board roster and attendance sheet are attached for your information. Councilman Koetting was serving a term also set to expire July 1, 2014, but he resigned when he was appointed to the temporary City Council Ward 3 position. The Board is requesting that this position remain left unfilled, and Mr. Koetting be reappointed in August following the Ward 3 City Council election. The following individuals have expressed interest in serving on the board, and their applications are attached: Patrick Elfrink Christopher Macke Daniel Presson Forest Reutzel Mark Welker Michelle Otte - non/resident - eligible for ex -officio BACKGROUND/DISCUSSION In April of 2009, the City Council adopted an ordinance creating the Girardeau Goes Green Advisory Board. The purpose of this board is to develop cost effective recommendations for how the Cape Girardeau City Government can: 1. Reduce energy consumption 2. Improve energy use efficiency 3. Reduce the City's environmental impact 4. Participate in environmental projects 5. Enhance its sustainability 6. Serve as a role model by providing education information to the community As stated in the ordinance, the Council shall make every effort to appoint persons with a demonstrated interest in promoting environmental sustainability in City operations. To the extent available, the Board shall include professional members representing such disciplines as environmental science, engineering, resource management, transportation, public works, recreation, facilities management, construction, or any other field related to environmental science. In addition, every voting member of the advisory board must be a resident of the City of Cape Girardeau. However, if the city council makes a finding that special expertise is required, up to two (2) additional ex- officio members who are residents of Cape Girardeau County may also be appointed. STAFF RECOMMENDATION It is recommended that one regular member appointment be made to the Girardeau Goes Green Advisory Board for a term expiring July 1, 2017, and one ex -officio member appointment be made for a term expiring July 1, 2015. BOARD OR COMMISSION RECOMMENDATION The Girardeau Goes Green Advisory Board recommends that Mr. Maldonado be reappointed, and that Mr. Chris Macke be appointed to the ex -officio position. See the attached letter from the Board. ATTACHMENTS: Name: ❑ Girardeau Goes Green Roster.doc ❑ Girardeau Goes Green Attendancexls ❑ Green Board member recommendation 6-10-14.doc ❑ maldonado.steve.06-11-14.pdf ❑ elfrink.patrick.04-22-14.pdf ❑ macke.christopher.03-30-14.pdf ❑ presson.daniel.04-03-14.pdf ❑ Reutzel.forest.06-05-14.doc ❑ welker.mark.03-13-14.1)df ❑ otte.michelle.05-14-14.doc Description: Girardeau Goes Green Roster Girardeau Goes Green Attendance Girardeau Goes Green recommendation letter Board App - Maldonado, Steve Board App - Elfrink, Patrick Board App - Macke, Christopher Board App - Presson, Daniel Board App - Reutzel, Forest Board App - Welker, Mark Board App - Otte, Michelle CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees June 2, 2014 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 Temp. Vacant (Koetting) Steve Maldonado Jeff Green David Epps Vacant (Wubbena) - Ex -officio Sam Blackwell Marc Mahnke Annabelle Criddle Stephen Overmann - Ex -officio Joe Uzoam - Ex -officio Council effective with terms commencing January 8, 1996. Girardeau Goes Green Advisory Board Date Appointed Date Reappointed Term Expires January 24, 2012 --- July 1, 2014 October 17, 2011 --- July 1, 2014 September 23, 2013 --- July 1, 2015 September 23, 2013 --- July 1, 2015 --- --- July 1, 2015 March 21, 2011 6/17/13 July 1, 2016 April 7, 2014 --- July 1, 2016 April 7, 2014 --- July 1, 2016 July 6, 2009 6/18/12 July 1, 2015 April, 2014 --- July 1, 2015 Serve three year terms appointed by Council. Two ex -officio members with special expertise residing in Cape Girardeau County can be appointed. Council member can serve as ex -officio member. Meetings held second Tuesday of each month., 7:00 p.m, Cape Public Library. Purpose is to develop cost effective recommendations on how the City organization can reduce its environmental impact, enhance its sustainability, and serve as a role model for the region. Staff contact — Mike Schott, Public Works, 339-6351. Girardeau Goes Green Advisory Board Attendance Record Ordinance adopted 4/20/09 P = present, A = absent 2014 2nd Tuesday Jan 14 Feb 11 Mar 11 Apr 8 May Jun Jul Aug Sep 13 10 8 12 9 Oct Nov Dec 1st 2nd 3rd 14 11 9 letter letter letter Appt'ed Term'ed Blackwell, Sam P P P P P 1st 2nd letter letter Criddle, Annabelle ppt. 4/7/14 P A 04/07/14 Epps, David P P A P P P Green, Jeff P P P P P Koetting, Patrick P P A P Apptd to Council 5/5/14 09/23/13 Mahnke, Marc 2" t. 4/7/14 P P 04/07/14 Maldonado, Steve P P P P P1 101/10/141 Noto, Brian P I P I A Iterm attendance 1 1 1 101/10/14103/11/14 Ex -Officio Members aQpt Overman, Stephen - XO I P I P I P I P I P Janzow, Marcus Wubbena, Chris - XO I P I P I A I P I P I resigned 5/31/14 05/31/14 2013 2nd Tuesday Jan 8 Feb 12 Mar 12 Apr 9 May 14 Jun 11 JulAug 9 13 Sep 10 Oct 8 Nov 12 Dec 10 1st 2nd letter letter 3rd letter Appt'ed Term'ed Blackwell, Sam P P P P P P A P P P P P 06/17/13 Epps, David 09/23/13 P P P 09/23/13 Gohn, Adam P P P P --aQpt P P P P Iresigned 08/19/13 08/19/13 Green, Jeff aQpt 09/23/13 P P P 09/23/13 Janzow, Marcus A P P P A A P term attendance 07/17/13 07/17/13 Koetting, Patrick P A I P I P 1 P I A P P P P P P Maldonado, Steve P P I P I P P A P P P A P A 01/10/14 Noto, Brian a t full member 06/17/13 P A P A P A 01/10/14 06/17/13 White, Walter P P P P 1 P I P iterm exp 07/01/13 07/01/13 Williams, Glen A P I P I P P A P I P I A Iresigned 09/17/13 06/17/13109/17/13 Ex -Officio Members Noto, Brian - XO P P A P A I P jappt full member 06/17/13 1 to full 06/17/13 Overman, Ste hen - XO A P P A P P P P P P P P Wubbena, Chris - XO appt 06/17/13 P A P A P P 06/17/13 CITY Of CAPE GIRARDEAU PUBLIC WORKS DEPARTMENT Girardeau Goes Green Advisory Board Members Sam Blackwell To: Gayle Conrad David Epps Cape Girardeau City Council Jeff Green From: Girardeau Goes Green Advisory Board Patrick Koetting Steve Maldonado The board has voted and extends it recommendation to Brian Noto appoint Mr. Chris Macke to the vacant Ex -Officio board seat that recently opened due to the Stephen Overmann resignation of Mr. Chris Wubbena. (Ex -officio) Chris Wubbena Mr. Macke has excellent credentials and has been (Ex -officio) attending meetings as an interested party for several months now. He is enthusiastic and has Staff Liaison been active with several board issues. Michael Schott Gayle, please advise the date of the meeting in which Fleet Manager (573) 339-6777 this appointment will be put on the agenda. Mr. mschott@cityofcape.org Macke will likely plan to attend that meeting. Thank you. Submitted by: Michael Schott, Staff Liaison 2007 Southern Expressway Cape Girardeau, MO 63703 573-339-6351 Tel 573-339-6363 Fax http://www.cityofcapegirardeau.org/CityHall/Girardeau-Goes-Green-Advisory-Board.aspx CITY Of CAPE GIRARDEAU 2007 Southern Expressway Cape Girardeau, MO 63703 573-339-6351 Tel 573-339-6363 Fax http://www.cityofcapegirardeau.org/CityHall/Girardeau-Goes-Green-Advisory-Board.aspx Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 7/7/2014 SUBJECT Appointment of one member to the Liquor License Review Board for a term expiring July 1, 2017. EXECUTIVE SUMMARY The term of Mr. Charles Wagoner on the Liquor License Review Board is set to expire June 20, 2011. Mr. Wagoner has expressed interest in being reappointed to this Board. His board application is attached, along with a copy of the roster. Board members serve a three-year term. Dr. Bruce Skinner has also expressed interest in serving on this board, and his Board Application is attached for your review. BACKGROUND/DISCUSSION In 2011 the City Council adopted an ordinance creating a three-member Liquor License Review Board, consisting of the Chief Review Officer and a City employee appointed by the City Manager and one member appointed by the City Council. The purpose of the board is to hear appeals regarding a denial, suspension or revocation of a liquor license. STAFF RECOMMENDATION It is recommended that one appointment be mde to the Liquor License Review Board for a term expiring July 1, 2017. PUBLIC OUTREACH Openings for advisory boards are posted on the City's website. ATTACHMENTS: Name: Description: ❑ Liquor Review Board roster.doc Liquor Board roster ❑ wagoner.speedy.04-03-11.pdf Board App - Wagoner, Charles ❑ skinner.bruce.05-14-14.doc Board App - Skinner, Bruce CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees June 2, 2014 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. License Review Board Date Appointed Term Expires Lori Meyer, Chief Review Officer April 28, 2014 (CM appointment) Steve Cook (CM appointment) April 28, 2014 Charles Wagoner (Council appointment) June 20, 2011 July 1, 2014 Section 5-36 of the City Code establishes a three member Liquor License Review Board, consisting of two city employees appointed by the City Manager and a member appointed by the City Council to serve athree-year term. Gayle L. Conrad, CMC, MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 7/7/2014 SUBJECT Board of Appeals - June 12, 2014 Comprehensive Plan Oversight Committee - February 21, 2014 Girardeau Goes Green Advisory Board - June 10, 2014 Golf Course Advisory Board - June 26, 2014 Historic Preservation Commission - May 9, 2014 Historic Preservation Commission - June 18, 2014 Keep Cape Beautiful Committee - May 27, 2014 Parks & Recreation Advisory Board - June 9, 2014 Planning & Zoning Commission - June 11, 2014 Public Library Board - May 22, 2014 Southeast Missouri Planning Organization - May 21, 2014 Show Me Center Board of Managers - June 12, 2014 ATTACHMENTS: Name: ❑ min.Appeals.06-12-14.pdf ❑ min.Comp_Plan _Oversight Comm ittee. 2014-02-ZW ❑ min.Golf.06-26-14.pdf ❑ min.Green.06-10-14.doc ❑ min. HPC.05-09-14.pdf ❑ min. HPC. 06-18-14. RETREAT. pdf ❑ min.Keep Cape Beautiful. 05-27-14. doc ❑ min. Library. 05-22-14. pdf ❑ min. Parks Rec.06-09-14-draft.pdf ❑ min.SEMPO.05 21-14. DRAFT. pdf ❑ min.ShowMeBrd.06-12-14.pdf Description: Board of Appeals 06-12-14 Comp Plan Oversight Cmtee 02-21-14 Golf Course Advisory Board 06-26-14 Girardeau Goes Green 06-10-14 Historic Preservation Commission 05-19-14 Historic Preservation Commission 06-18-14 Keep Cape Beautiful.05-27-14 Public Library Board 05-22-14 Parks & Rec Board 06-09-14 SEMPO 05-21-14 Show Me Center Board of Managers 06-12-14 MINUTES BOARD OF APPEALS City of Cape Girardeau P.O. Box 617 Cape Girardeau, Missouri 63702-0617 June 12, 2014 The Board of Appeals met on Thursday, June 12, 2014 at 7:00 p.m. in the Council Chambers, City Hall, at 401 Independence Street. Members Present: Dave Pfeiffer, Melanie Cantrell, Farris Nabors, Mike Annis, Paul Grebe, Glen Hinkebein, Mark Strickland (alternate) and Kristen Uhrhan (alternate). Members Absent: Joe Burton The meeting was called to order at 7:00 p.m. by Secretary Farris Nabors and the roll was called. Motion was made by Melanie Cantrell to accept the minutes from the March 13, 2014 meeting; Glen Hinkebein seconded the motion. The motion passed 8-0 in favor. 1. INTRODUCTION OF NEW BOARD MEMBERS. Inspection Services Director, Tim Morgan opened discussion with the Board of Appeals to introduce the new board members approved by the City Council. Dave Alberson was not eligible to be re -appointed because of his term limits. Glen Hinkebein has been appointed as a regular member and Kristen Uhrhan and Mark Strickland have been appointed as alternates to the board. 2. ELECTION OF OFFICERS. Nominations have been made for the Chairman position, Joe Burton, Melanie Cantrell and Dave Pfeiffer has been nominated. Motion was made for Dave Pfeiffer for Chairman, motion passed 7-1 in favor. Nominations has been made for the Vice Chairman position, Joe Burton has been nominated. Motion was made for Joe Burton for Vice Chairman, motion passed 8-0 in favor. BOARD OF APPEALS MEETING June 12, 2014 Page 2 Nominations have been made for the Secretary position, Farris Nabors and Melanie Cantrell has been nominated. Motion was made for Melanie Cantrell for Secretary, motion passed 8-0 in favor. [c�61II:1A:41:11,691011X.Y. Timothy Morgan opened discussion with the board about the 2014 National Electrical Codebooks the board was presented at this meeting. He indicated the review and the discussion of the code changes and the adoption of this code may take a couple of months. Annual visit by the City Attorney was postponed from this meeting to another month, he could not attend because of prior meetings, but would be attending in the future. Being there was no other business at this time; a motion was made to adjourn. The meeting adjourned at 7:17 p.m. The next meeting of the Board of Appeals is scheduled for July 10, 2014. Respectfully Submitted, Melanie Cantrell Secretary CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES COMPREHENSIVE PLAN OVERSIGHT COMMITTEE Members Present: Members Absent: MEETING MINUTES February 21, 2014 City Hall, Development Services Conference Room Wayne Bowen, Scott McClanahan, Marla Mills Tim Arbeiter, Trae Bertrand, Meg Davis, William Hinckley, Trent Summers Staff Present: Nicolette Brennan, Jennifer Criblez, Molly Hood, Ryan Shrimplin, Julia Thompson Mr. Shrimplin called the meeting to order at 8:30 a.m. Approval of Minutes The minutes of the August 9, 2013 meeting were unanimously approved upon motion made by Mr. Bowen and seconded by Mr. McClanahan. SEMPO Update Mr. Shrimplin stated that SEMPO staff is currently preparing several documents that are required as part of the federal mandate for MPO's. The documents will be reviewed by the Technical Planning Committee and released for public comment prior to adoption by the Board of Directors. SEMPO is also developing a process for creating a prioritized list of projects to be funded by the proposed 1 % transportation sales tax, as required by MoDOT. The process will involve public outreach. Details on the public outreach will be made available soon. Neighborhood Development Initiative Update Mr. Shrimplin introduced Jennifer Criblez as the new Planner I, and explained that she is getting up to speed on the Neighborhood Development Initiative and will be coordinating a meeting of the steering committee soon. Comprehensive Plan Goals and Objectives Mr. Shrimplin asked the Committee to review and discuss the in -progress draft of the Comprehensive Plan Implementation Schedule. Ms. Hood explained a tool that that she used in Paradise Valley for its General Plan and annual report to Council. Ms. Thompson noted that she would like to seeJecsprotadded to the schedule including the Parks and Recreation Master Plan and arts and culture. She also urged the Committee to seek Council "buy in" for the goals 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org Comprehensive Plan Oversight Committee Meeting Minutes D04 February 21, 2014 0 Page 2 by vertically integrating the processes. She further noted that there needs to be a framework that supports decision making. Ms. Brennan asked how the City's other plans fit in with the comprehensive plan. Ms. Thompson stated that she felt that they were not integrated. Mr. Bowen indicated that he would remind Council about the comprehensive plan during the Council retreat and tell them to keep it in mind in decision making. It was discussed that there needs to be short-term and long-term goals, and that the plan needs to be more relevant. Ms. Thompson added that it should be a framework document that is living and breathing. Ms. Mills stated that "big" priorities are needed from the top of the organization. Mr. McClanahan noted that the City needs to strengthen its core neighborhoods. Ms. Mills added that the City needs to make neighborhoods a place where people want to live. Ms. Thompson indicated that in order to do this, the City needs to provide incentives and improve infrastructure and amenities. The Committee evaluated the current Comprehensive Plan Implementation Schedule. The committee wants to see more specific information included in the Responsible Party/Parties column. Instead of simply listing City, it would identify a specific department, individual, City Council, committee or division. It was decided to eliminate the estimated cost column and add a schedule/timeline category and column. Mr. Shrimplin will update the schedule and present a draft at the next Committee meeting. Public Comments There were no public comments. Adjournment There being no further business, the meeting was adjourned at 9:30 a.m. upon motion made by Mr. Bowen and seconded by Mr. McClanahan. Respectfully submitted, Ryan Shrimplin City Planner CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING June 26, 2014 The Cape Girardeau Municipal Golf Course Advisory Board met at the Osage Centre on Thursday, June 26, 2014 at Noon. Present: Chuck Heady, Board Member Eugene Farrar, Chairman Jim Hastings, Jr., Board Member Bob Pastrick, Board Member Rick Fehr, Board Member Mark Ervin, Board Member Jerry Grim, Vice -Chairman Jerry Brey, Secretary Robbie Guard, Board Members Absent: None 1. WELCOME/INTRODUCTIONS 2. APPROVAL OF MINUTES Staff Present Julia Thompson, Parks & Recreation Director Scott Williams, Recreation Division Manager Brock Davis, Parks Division Manager Randy Lueder, Golf Course Supervisor Brian Schlichting, Golf Course Manager Suzanne Carter, Recreation Coordinator Jordan Seabaugh, Administrative Secretary Guest: None Approval of May Minutes. Eugene Farrar requested the approval of the May 22, 2014 meeting. Jerry Brey moved. Robert Patrick seconded. Motion approved. 3. OLD BUSINESS A. PRS and Casino Projects a. Parks & Recreation Parks Division Manager, Brock Davis reported that the new Fit Zone is being installed by the tennis courts off of East Rodney. The equipment is hydraulics, so will fit the needs of many people. The Capaha Park shelter is in, and we will start installation soon. A local craftsman union will be doing the majority of the installation for the shelter, so that will free our staff for other projects. We've chosen Cunningham and Associates for the playground structure and we've picked out the playground to be installed. Once we get the details worked out, we'll get it ordered and it will take about four weeks to come. We will then start the installation process. b. Parks & Recreation Director Julia Thompson reported that the Department received approval for a speed slide for Cape Splash, and we are hoping to get it installed by opening of the 2015 season. Staff has also been working with a consulting team for a feasibility study. We're looking at several sport facility options and a hotel/convention center. We'll make a recommendation to the City Council in the fall. B. Short/long range plans for Golf Course a. During the last meeting we talked discussed our goals for the course and discussed the turf issues during a course tour. For the next meeting, Brian and Randy will prepare a list of proposed projects. 4. NEW BUSINESS A. None. 5. REPORTS A. Pro Shop update a. Brian Schlichting reported Pro Shop revenues. In May, the course was down $11,000 in revenue and $9,000 year to date. For rounds, the course was down 121 in May and 23 for the year. Membership sales were the same as last year. The course had a really strong first six months of the fiscal year, so revenue predictions will be exceeded for the fiscal year. b. The Nightfall Globall will be on July 12 and would like to have board members participate. The tournament will start an hour earlier this year at 4:30 p.m. There are also a few hole sponsorship still available. B. Golf Course Maintenance a. Randy Lueder reported for golf maintenance. Staff is still re -sodding. All the tees are finished and mowed, and everything will be getting a top dressing. Hole 10 has crab grass, so staff has sprayed that tee box twice. The approach on hole 14 has been reworked, and the hole is actually more difficult now. Staff has also been able to redo some of the areas that we hadn't planned on re -sodding because of extra sod since some of the sod could be stretched out. We have about 5,700 left to put down. C. Department Briefs a. Staff briefs were distributed to Board members. Scott Williams reported that July is national Parks & Recreation month. We'll have the 27th annual Capaha Classic 5K, Special Olympics softball tournament, July 4th on the River, and many other special events in the month of July. We'll have a Parks & Recreation Foundation membership drive starting in the fall. b. Julia Thompson reported that staff has been working on moving the fireworks show back to the river. It's been a logistical challenge. The Common Pleas Courthouse will host the Spirit of America award, and the fireworks start at 9:15. Obviously, downtown will be congested, so try walking or don't expect to get anywhere quickly. 6. OTHER BUSINESS A. Next Meeting— July 24, 2014 at Noon at the Osage Centre. 7. ADJOURNMENT Robbie Guard moved to adjourn. Jerry Brey seconded. Meeting adjourned at 12:45 p.m. Respectfully submitted, Jordan Sea ba ugh Recording Secretary Cape Girardeau Goes Green Advisory Board June 10, 2014 Meeting Minutes Cape Girardeau Public Library 711 North Clark Street Call to Order Chairperson Blackwell called the meeting to order at 6:59 p.m. Attendance The following Board Members were present: Sam Blackwell (Chair), Annabelle Criddle, David Epps, Jeff Green, Marc Mahnke, Steve Maldando (Vice Chair), and Steve Overmann (Secretary),. The following Board Members were absent: None. The following City Representatives were present: Mike Schott (City Staff Liaison). The following City Representatives were absent: Joseph Uzoaru (City Council Liaison). Guests: Chris Macke. Rick Wilson, and Mike Mohundro. III. Approval of May 13, 2014 Minutes Jeff moved approval of the May minutes and Steve M. seconded. The minutes were approved. IV. Announcement Mike and Sam had been contacted by Rick Wilson and Mike Mohundro regarding a presentation to the Board on solar roadways. These two gentleman arrived as the announcement was being discussed. It was decided to schedule their presentation for the July meeting so that Board members could become more informed about solar roadways. Sam said he would send out an email with a link to more information. V. Chris Macke on Trane energy proposal Chris M. had reviewed the proposal on energy upgrades submitted to the City in 2012 by the Trane Corporation. He stated that it would be desirable for the City to be progressive in making energy improvements. Mike indicated that the City had not gone forward with the proposal from Trane because many of the suggested improvements were already in progress. Steve M. indicated that upgrade of water meters in the City was a key part of the Trane proposal and this was being accomplished. Steve M. said it would be interesting to re- examine the numbers in the proposal without inclusion of the water meters. He said that this would be a discussion item for the Energy/Transportation Focus Group. VI. Update on Focus Group Activity A. Energy and Transportation Steve M. reported that the group had not met during the previous month. Mike said that he had inquired about use of the City mail vehicle. He said that all mail requiring postage goes through City Hall. The vehicle is used to go to the bank daily, but that not all City offices are visited daily. The vehicle records approximately 20 miles per work day. Steve M. commented that a goal should be to reduce the amount of paperwork mailed by the City to citizens. B. Waste Management and Outdoor Sustainability Steve O. reported that the group had not met during the previous month. He noted the loss of Chris Wubbena from the group due to resignation from the Board. Steve O. said that he had met with Julia Thompson and Brock Davis of the Parks and Recreation Department. Julia and Brock approved the proposed signage for the wildflower planting to be provided free of charge by Horizon Screen Printing. Steve O. said that Chris Wubbena was going to weld together mounting for the signage. David suggested contacting David Knight of Ole Hickory Pits regarding welding for the signage. Steve O. discussed with Julia and Brock the additional wildflower planting that had taken place this spring. It was decided to mow the areas this summer and replant again in the fall. Finally, Steve O. discussed with Julia and Brock the efforts to establish a recycling program in the City parks. A pilot program on recycling has been underway at the Shawnee Park sports complex. Unfortunately, the program has been less than successful because the recycling containers are being used as trash cans. Brock and Julia reported a continuing problem with trash and litter left behind by sports teams and fans at the sports complex fields. They asked the Board for ideas and suggestions to address the trash problem and improve recycling. C. Education Sam indicated that the group had met. He asked for comments on the list of Green internet sources provided at the previous Board meeting. He indicated that one of the sites will be removed because it recommends particular companies in the area. Sam said that one group member, Hope Pascoe, is contacting area schools to determine which teachers are including curriculum content related to sustainability. Sam also said that he believes the City has approximately $50,000 in grant money to support further development of community gardens. He indicated that Nancy Jernigan, Director of United Way in the City, would have information about these funds. Finally, Sam said that the video on the City recycling program developed by student videographers has not yet been finalized. VII. Replacement of Chris Wubbena Chris has resigned from the Board due to health reasons. This leaves a vacancy on the Board. There were six applications for Board membership available for review. Board members discussed the six candidates. It was decided to recommend to City Council to fill the vacancy with Chris Macke. Mike indicated that he would pass this recommendation along to the City Council. VII. Adjournment Jeff moved to adjourn and Annabelle seconded. The meeting adjourned at 8:05 p.m. The next meeting will be held July 8, 2014 at 7:00 p.m. in the Cape Public Library. Respectfully submitted, Stephen R. Overmann CITY Of CAPE GIRARDEAU HISTORIC PRESERVATION COMMISSION Historic Preservation Commission MEETING MINUTES O May 9, 2014 Present: Sharon Giebler, Patti House, Alyssa Lage, Carol Nesler, Richard Withers, Charlotte Slinkard Absent: Bill Eddleman Staff Present: Ryan Shrimplin REGULAR MEETING Vice Chairman Lage called the meeting to order at 5:30 p.m. The minutes of the April 16, 2014 meeting were unanimously approved upon motion made by Mrs. Slinkard and seconded by Mrs. Giebler. OTHER BUSINESS The Commission held its annual election of officers. Mrs. Lage was elected Chairman, Mrs. Giebler was elected Vice Chairman, and Mrs. House was elected Secretary. The Commission discussed potential dates for the Annual Retreat. June 18, 2014 at 7:30 a.m. was selected as the tentative date and time. Several Commissioners expressed a desire to hold the Retreat at the Cup 'n Cork, where it was held last year. June 19, 2014 at 6:00 p.m. was selected as the alternate date and time should the Cup 'n Cork not be available. Chairman Lage will check on the Cup 'n Cork's availability for both dates and times. STAFF COMMUNICATION Mr. Shrimplin presented a letter that staff received from an attorney representing the owner of one of the properties on the 2014 Endangered Buildings List. The letter questioned the appropriateness of including the property on the list, and requested that it be removed. The Commissioners agreed that it should not be removed. ADJOURNMENT Upon motion made by Mrs. House, seconded by Mrs. Nesler, the meeting was adjourned unanimously at 5:45 p.m. Respectfully submitted, Patti House Secretary CITY of CAPE GIRARDEAU HISTORIC PRESERVATION COMMISSION Historic Preservation Commission a Y6 MINUTES ANNUAL RETREAT O June 18 2014 Present: Doug Austin, Sharon Giebler, Patti House, Alyssa Lage, Carol Nesler, Richard Withers Absent: Bill Eddleman, Robert Komorech, Charlotte Slinkard Staff Present: Carol Peters, Ryan Shrimplin Chairman Lage called the 2014 Historic Preservation Commission Annual Retreat to order at 7:35 a. m. The Commission reviewed the goals of the 2013 Annual Retreat: 1. Get Fort D on the National Register. This goal will be carried over to 2014. Mr. and Mrs. House will continue preparing the National Register nomination form. It was noted that the process of doing the research and preparation of the nomination requires a substantial amount of time and effort. Chairman Lage offered her assistance, if needed. Mrs. House also noted that there were over 1,000 visitors and 45 re -enactors at Fort D for the 2014 Memorial Day event. 2. Continue the Original Treasures program This goal will be carried over to 2014, and will be an ongoing effort of the Commission. The eligibility criteria were revised last year, but the Commission has not added any buildings to the list. The Commission will discuss designating a building at its next meeting. It was suggested that the Commission work with the City's Public Information Office to publicize newly designated Original Treasures via a press release and possibly a video. 3. The Historic Preservation Commission will be proactive in their efforts to gather information about future plans for buildings with historical value, especially those owned by the City. This goal will be carried over to 2014, and will be an ongoing effort of the Commission. 4. Actively pursue the establishment of additional Local Historic Districts and Landmarks. This goal will be carried over to 2014, and will be an ongoing effort of the Commission. Mr. Shrimplin mentioned that he has had occasional discussions with residents regarding the process, but no applications have been filed. 5. Commissioners to gain more knowledge and understanding of the NCON (Neighborhood Conservation Overlay District). This goal was achieved. Mr. Shrimplin gave a presentation on the NCON district to the Commission on August 21, 2013. He mentioned that a resident contacted him regarding the possibility of establishing an NCON district for their neighborhood. 6. Update the Endangered Buildings List annually. This goal will be carried over to 2014, and will be an ongoing effort of the Commission. City of Cape Girardeau Historic Preservation Commission Annual Retreat Minutes June 18, 2014 Page 2 Update the Historic Preservation Commission's Facebook page. This goal will be carried over to 2014, and will be an ongoing effort of the Commission. Chairman Lage stated that she has several photos of the 2014 Walking Tour which could be uploaded to the Facebook page. Ms. Nesler recommended shooting a video of the walking tour next year to upload to the page, and offered her assistance in getting the page updated. 8. Continue public education efforts as a part of the CLG requirements. This goal was achieved, and will also be carried over to 2014 as an on ongoing effort of the Commission. The Commission held several meetings over the past year and reviewed Certificate of Appropriateness applications, released the Endangered Buildings List, and sponsored the Walking Tour, in addition to reviewing National Register nominations. Staff attended the CLG Forum as well as the Missouri Preservation Conference. 9. Stay informed with items discussed at the Planning & Zoning Commission. This goal was achieved, and will also be carried over to 2014 as an on ongoing effort of the Commission. Staff began emailing the monthly Planning & Zoning Commission agenda to Commission members to keep them informed of applications affecting development in the city. 10. Work in conjunction with Old Town Cape and the Convention and Visitors Bureau to develop an updated downtown walking tour brochure. This goal will be carried over to 2014. Mrs. Lage has been working on a brochure and will forward a draft to Commission members for review by the end of August, 2014. The Commission then established the following new goals for 2014: Explore options for providing better wayfinding signage for Fort D. Mrs. House indicated that there is an existing wayfinding sign for Fort D, but it is not adequate for directing the public to the fort grounds. Staff will work with Scott and Patti House to develop better wayfinding signage. Mr. Shrimplin stated that the HPC's budget for the 2014-2015 Fiscal Year only includes $200 for special projects, but staff will explore options and keep the Commission updated. 2. Promote the establishment of NCON (Neighborhood Conservation Overlay) Districts. Mr. Shrimplin encouraged Commission members to promote the establishment of NCON districts. Although NCON applications are not reviewed by the Commission, the establishment of NCON districts helps ensure the preservation of architecturally significant buildings, including historic buildings. 3. Create videos to be uploaded to the Historic Preservation Commission's Facebook Page. The Commission discussed possible topics for videos. Ideas include walking tours, Original Treasures, and rehabilitation projects, such as the Kage School. 4. Support a proclamation from the Mayor for Historic Preservation Month. Staff will work with the Mayor and the City Clerk's Office to prepare a proclamation for Historic Preservation Month in May. City of Cape Girardeau Historic Preservation Commission Annual Retreat Minutes June 18, 2014 Page 3 5. Obtain feedback from the Boulevard Local Historic District regarding the effectiveness of the Historic Overlay District regulations and process. The Boulevard Local Historic District was established in 2009. The Commission would like feedback from the residents regarding the effectiveness of the regulations and process. Mrs. Giebler agreed to make arrangements to have at least one representative appear at an upcoming HPC meeting. Other Business Chairman Lage encouraged the Commissioners to reach out to other communities and organizations that engage in historic preservation to share ideas and experiences. Mr. Shrimplin added that the Missouri State Historic Preservation Office (SHPO) is a great resource, and encouraged the Commissioners to contact SHPO at any time with questions. He also informed them of the CLG Forum held each April, which would offer the members an opportunity to network with their peers from other communities. Mr. Austin volunteered to contact the Ste. Genevieve Historic Preservation and Landmarks Commission to learn about their program. Adjournment There being no further business, the meeting was adjourned at 9:30 a.m. Respectfully submitted, Patti House Secretary CITY Of CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT BEAUTIFICATION COMMITTEE MEETING Draft MINUTES The Cape Girardeau Beautification Committee met at the Osage Centre on Tuesday, May 27, 2014 at 3:00 p.m. Present: Lida Mueller Loretta Schneider Becky Mocherman Laura Ritter Absent: Mike Tripp Kasie Essner Bonnie Stepenoff A. WELCOME/INTRODUCTIONS Staff Present: Julia Thompson Brock Davis, Parks & Recreation, Division Manager Sharon Bergman, Administrative Secretary Guest: None B. APPROVAL OF MINUTES Approval of minutes from April 29, 2013 — Loretta Schneider made a motion to approve the minutes and Becky Mocherman seconded the motion to accept minutes as presented. Motion passed. C. NEW BUSINESS 1. Confirm June Nomination of Capaha Bank for Business Recognition. Becky Mocherman made a motion to nominate Capaha Bank and Laura Ritter seconded the motion. Committee will contact Danny Essner and set-up appointment to take picture and present certificate. 2. July Business Recognition — Keep this in mind for next meeting. D. OLD BUSINESS 1. KCB Brochure is out for print and will be ready to distribute by the June 24th meeting. 2. Committee member inquired about the tree plantings on Spanish street in tree walls. There will be no plantings at this time because of the condition of the wells. E. OTHER ITEMS 1. Council Liaison Report — Councilman Schneider inquired about Pam Sanders possibly joining KCB committee. Pam had involvement with Beautification projects as part of her job while she worked for Public works. Pam has prior commitments at this time that will not allow her to participate. 2. Lida thanked Becky for distributing the litter bags to the middle schools. Laura Ritter made a motion to adjourn meeting, Becky Mocherman seconded the motion, all in favor. Next Meeting June 24, 2013 — 3:00 pm — Osage Centre Respectfully submitted, Sharon Bergman Administrative Secretary Engage individuals, businesses and organizations, to Keep Cape Girardeau Beautiful! AFFILIATE WKEEP AMERICA EAUTIFUL CAPE GIRARDEAU PUBLIC LIBRARY BOARD OF TRUSTEES Board Meeting: Thursday, May 22, 2014 @ 7am Cape Girardeau Public Library, Cape Girardeau, MO ATTENDANCE Present: Kevin Greaser, Ed Thompson, Sheryl Smith, Joan Slaughter, Angel Hillman, Amy Trueblood, Fran Austin, John McGowan, Stan Irwin Also present: Director Betty Martin, Linda Bailiff MINUTES The meeting was called to order at 7:02 am. The April minutes were reviewed. John made a motion to approve the minutes, seconded by Sheryl. Motion passed. BILLS The bills were presented for approval. Fran made a motion to approve payment of the bills, Angel seconded the motion. Motion passed. PRESIDENT'S President Kevin Greaser informed the Board that Piper Jaffrey sent an email REPORT offering to help the library refinance the bonds. The Board requested that Director Martin request bids from, and set up meetings with, representatives from Piper Jaffrey, Stifel and Edward Jones to investigate refinancing of the library's bonds. A Refinance Committee was formed consisting of Stan, Kevin, Angel & Amy. DIRECTOR'S Upcoming programs: Director Martin distributed the summer events booklet REPORT describing programs for adults and children for June, July & August. BETTY MARTIN Project Needs: Progress is being made on the HVAC repairs, items for Youth Services and Adult Services Departments, additional fire extinguisher in the electrical room. A window washing service is being considered to wash all inside and outside windows for $2341.00. Architect Amee Boettcher has a list of some of the items that were put together during the walk through. Her quote is attached listing her costs to manage the project. New parking lot striping was discussed and Midwest Painting was recommended for those areas that may need to be re - striped. Donated Photo: David Crowe's family donated a photo that is hanging on the west side of the building. E -Rate Discount: The approved discount is $1555 for this year's phone bill. Personnel Evaluations: Director Martin reported that all personnel evaluations have been completed. Time Management: The library has contracted with CPU to install and train on Time and Attendance software which will automate staff payroll hours and accrual of vacation and sick leave. It will cost about $700 a year and will help to insure the accuracy of records and tracking staff members' hours. Overdrive a -book and a -audio checkouts are continuing to increase. There have been 500,000 checkouts this year for the entire consortium vs. 290,000 last year. Out of State Athlete and Entertainer Tax Money: The library has received $5000 in Out of State Athlete and Entertainer tax money to be used to purchase additional materials. New Security Gates: The User Services staff are delighted with the new gates especially with the software that helps identify what item has not checked out. BUILDING AND Robin Tolbert joined the meeting to discuss the outside lighting retrofit project. GROUNDS Her proposal includes changing out the parking lot light poles and the sidewalk COMMITTEE bollards to LED fixtures, replacing the ground lights with bollards, replacing the flag pole lights with one attached to the building and adding a light fixture at the back of the building near the staff entrance stairs. The Building & Grounds Committee will meet Tuesday, June 17th at lam in the library conference room to discuss the lighting plan. Amee Boettcher provided a compiled listing of some of the building items to be repaired/replaced along with a quote for her management services. The Building & Grounds Committee will also discuss this at the June 17th meeting. BUDGET & The Committee will meet June 11th at 3:30 in Director Martin's office to discuss PERSONNEL the new budget for 2014/2015. COMMITTEE A sub -committee was formed to discuss a job description for a part time marketing person. John, chair; with Angel, Amy and Stacy Dohogne Lane from the Friends Foundation. FRIENDS Director Martin reported the Friends Foundation has a new board member, Don Harris. The Friends are planning a city-wide Spelling Bee scheduled for Friday, March 20t , 2015 at 6:30. They plan to have 20 teams of 3 members each team. The Friends will be seeking help to find teams and sponsors. The Friends are awaiting a job description to formally approve the funding of a marketing person for 3 years. ADJOURNMENT Amy made a motion to adjourn the meeting, seconded by Sheryl. Meeting adjourned at 8:51 am. NEXT MEETING Thursday, June 26th at lam — Cape Girardeau Public Library Conference Room Recorder — Linda Bailiff Parks and Recreation Advisory Board June 9, 2014 Page 2 3. NEW BUSINESS A. Homework Assignment—All Board Members Director Thompson gave the board members a homework assignment, which included describing what they enjoyed most about serving on the Parks and Recreation Advisory Board, and what was one thing they would like to see accomplished from the department within the next year. The board then went around the room and expressed their answers to these questions. B. Department Staffing Re -Organization —Penny and Scott Williams Recreation Division Manager, Scott William explained that one of the department's goals were to restructure staff duties to make them more efficient and to delegate more responsibility to those staff members. Patrick Watson went from being an Aquatics Supervisor at Central Municipal pool, to an Aquatics Supervisor where he now oversees Cape Splash and Central Municipal Pool. Stephen Smith was hired as an Aquatics Coordinator to assist Patrick with the aquatics division. Heather Davis, who was previous manager of the Shawnee Park Center, will now manage the Osage Centre and be the Program Manager. Chris Eastridge will gain the responsibility of managing the Shawnee Park Center along with the duties he currently performs. Mark Hurley has gained the responsibility of managing all ball field maintenance staff which includes, Arena Park Sports Complex, Capaha Baseball Field, and the Shawnee Park Sports Complex. Kaed Horrell will be reclassified making him the Assistant Division Manager of the A.C. Brase Arena, the Shawnee Park Center, and the Shawnee Park Sports Complex. There were a few other minor changes to complete the department staff re- organization. B11111111110 4:101 It A. Parks and Recreation Project Updates Parks Division Manager Brock Davis reported that the renovations to the Red House Interpretive Center were complete, and that the majority of the Vision 2000 Garden was also complete, they are just waiting on good weather to finish things up. He reported that the Fit Zone (Outdoor Fitness Equipment) installation has begun, along with the installation of the trail signs, trail benches and trail trash cans. Capaha Park Shelter has been shipped and should be delivered soon. Capaha Park Playground design plan is underway. They are looking at a company called Game Time. Once they decide on a final design, it will take six week for the playground to come in. Brock is looking to have this installed by this fall. The park maintenance guys are working hard but the weather has been holding up these projects. B. Golf Course Advisory Board Parks Division Manager Brock Davis reported that the sod replacement was a huge undertaking with $44,000 worth of replacements. Division Manager Scott Williams reported that the 2nd annual Night Fall Glow Ball Tournament will be held July 12". C. Tree Board Tree Board Chairman, Robert Harris reported that there were a few trees from the Arbor Day planting along Sprigg street that were going south but thankfully Plants Plus is going to replace them. D. Red House Interpretive Committee Beverly Evans reported that the committee has added some new members and they are currently working on prioritizing a wish list for the Red House that they would like to see done. The Committee is also very pleased with the renovations that were made to the Red House by the department's maintenance staff. Parks and Recreation Advisory Board June 9, 2014 Page 3 E. Parks and Recreation Foundation Foundation Chair Person, Bari Neff reported that the National Run/Walk Day event had bad weather and therefore the attendance was down. She would like to see more marketing for the event in the future. F. Monthly Staff Report/Calendar Update Recreation Division Manager Scott Williams reported the summer classes the department offers have begun. He went on to say that the winter weather had also affected the sod on a few soccer and softball fields at the Shawnee Park Sports Complex. They are in the process of replacing sod and reseeding. With the rainy weather, all out door leagues are behind, which makes it challenging for the coordinators to get the season's games in. He reported that a few baseball games were rescheduled to play at Capaha baseball field and the kids thought playing there was cool and very special to them. 61190111:14 1.4 -Ilk ILI1*'J.9 A. Next Board Meeting The next Parks and Recreation Advisory Board Meeting will be held on Monday, July 14, 2014 at the Osage Centre. 6. ADJOURNMENT There being no further business, the meeting was adjourned with a motion from Dana Deisher and seconded from Bari Neff. Motion passed. Submitted: Bari Neff, Secretary Natlle ni srmro Metropolitan Planning Organization BOARD OF DIRECTORS �� MEETING MINILI D May21,2014 OsygeCerpre- Cape Gimmeau Board Voting Members Present Mr. Rodney Bollinger, City of Jackson alternate for Jim Roach) MH.Chauncy Buchheli, Southeast Missouri Regional Planning & Economic Development Commission Mr.Charlie Honest Cape Girardeau County Mr. Scott Meyer, City of Cape Girardeau PH Tom MogeIhicku Cape Girardeau County TanslVAuthority Board Ez-ORldo Members Present. Me. Manor Brink, Southeast Missouri Regional Pon Authority Technical Planning Committee Members Present Mr. Drew Christian, Southeast Missoula Regional Planning & Economic Development Commission PH Joe Kilian, Missoula Department of Transportation Mrs Kelley Watson, Cape Girardeau County Traaet Authority Staff Present Me. Molly Hood City ofCape Girardeau PH Ryan Shrtmplln, City N Cape Girardeau Call to Order Chairman Buchheli called the meeting to order at203 p on Introuuchons There were no Introductions Public Comments There were no public comments Adoption of Agenda The agenda of the May 21 2014 Board of Directors Meeting was unanimously approved for adoption upon motion maria by M[ Meyer and seconded by Mr Sir r oo Southeast Metropolitan Planning Organization DBoard Meeting Minutes May 21, 2014 Page 2 of 3 Minutes The minutes of the April 23, 2014 Board of Directors Meeting were unanimously approved upon motion made by Mr. Meyer and seconded by Mr. Herbst. Communications from the Chairman Chairman Buchheit reported that the SEMO RPC has been researching options for traffic data modeling. Based on recent discussions with consultants who provide such services, the costs are considerable. One firm proposed a 3 -year contract at a price of approximately $100,000. Southeast Missouri State University's Center for Innovation and Entrepreneurship has been in discussions with a gentleman who has extensive experience in data modeling. If he were to be hired, SEMPO would have access to his services for a fee. Mr. Shrimplin stated that since no decisions have been made regarding traffic data modeling services, he recommends not adding it to the budget at this time. He added that the UPWP can be amended after its adoption once the Board has decided how it is going to proceed and the costs are confirmed. New/Unfinished Business Mr. Killian requested that SEMPO staff submit additional data sheets for its top projects in preparation for the MoDOT Southeast District Prioritization Process Meeting on May 22, 2014. He stated that SEMPO and each of the RPC's will have 15 minutes to present their top priority projects. Chairman Buchheit introduced and read RESOLUTION NO. 2014-02, A Resolution adopting the Public Participation Plan. Ms. Hood and Mr. Shrimplin gave an overview of the document, and stated that the public comment period began March 20, 2014 and ended May 6, 2014, which was greater than the required minimum 45 -day period. The Board of Directors held a public hearing on April 23, 2014, which was advertised in the newspaper. No public comments were received. Mr. Herbst made a motion to approve RESOLUTION NO. 2014-02, A Resolution adopting the Public Participation Plan. Mr. Mogelnicki seconded the motion. The motion passed unanimously. Mr. Shrimplin presented the latest draft version of the FY 2015 Unified Planning Work Program (UPWP). He stated that the document has been updated in several places, including the Board and TPC member lists, tasks accomplished list, introduction, financial tables, and work element descriptions. Comments were received from FHWA, FTA, and MoDOT. The draft is ready to be released for the required minimum 15 -day public comment period. The proposed date of the public hearing is June 18, 2014. Mr. Mogelnicki made a motion to release the draft FY 2015 Unified Planning Work Program for public comment, and to set the public hearing for June 18, 2014. Mr. Meyer seconded the motion. The motion passed unanimously. Other Communications There were no other communications. Adjournment Upon motion made by Mr. Mogelnicki, seconded by Mr. Herbst, the meeting was adjourned unanimously at 2:37 p.m. oo Southeast Metropolitan Planning Organization DBoard Meeting Minutes May 21, 2014 Page 3 of 3 Respectfully submitted, Ryan Shrimplin SHOW ME CENTER BOARD OF MANAGERS AGENDA June 12, 2014 I. Utilization Report SEMO Ball Awards June 21 A. March Total Events: 21 Atmd: 25,223 July 11-12 B. April Total Events: 15 Attnd: 9,319 July 18 C. May Total Events: 11 Attnd: 21,017 H. Highlights (March -May 2014) E. A. MBB vs. Murray State 2,477 B. Smith Classic Car Auction 1,502 C. Nicholas Sparks 1,658 D. Regional Science Fair 1,299 E. Missouri Gun & Knife Show 5,958 F. Third Day/Skillet 2,306 G. Heartland Home & Garden Show 6,170 H. Rickey Smiley 1,064 I. Messy Morning 3,050 J. Hunter Hayes 3,285 K. Teen Challenge Banquet 900 L. Scooby Doo Live! 1,393 M. Commencement 7,277 N. Cape Central Graduation 2,928 O. Jackson Graduation 6,213 III. Un Coming Events A. SEMO Ball Awards June 21 B. Smith Classic Car Auction July 11-12 C. Chris Tomlin July 18 D. Welcome Back Picnic August 24 E. Booster BBQ August 26 IV. Miscellaneous Items A. Consultants Report of Show Me Center Nest Meeting Schedule Thursday September 11, 2014 3:30 PM Thursday December 11, 2014 3:30 PM Thursday March 12, 2015 3:30 PM Thursday June 11, 2015 3:30 PM UTILIZATION REPORT - MARCH 2014 EVENT DATE ATTN SPACE USE W38 vs Murray State 1 -Mar -14 730 A A MBB vs Muurray State 1 -Mar -14 2,477 A A Career Services Networking Event 5 -Mar -14 35 M U First Friday Coffee 7 -Mar -14 140 M P Smith Classic Car Auction 8 -Mar -14 1,502 A P Gymnastics Meet 9 -Mar -14 624 A U Downtown Rotary 10 -Mar -14 29 M P Nicholas Sparks 10 -Mar -14 1,658 A U Regional Science Fair 11 -Mar -14 1,299 A P Women's Luncheon 12 -Mar -14 350 A U Home & Garden Show Vendor Meeting 13 -Mar -14 104 M P Missouri Gun & Knife Show 14 -Mar -14 801 A P Missouri Gun & Knife Show 15 -Mar -14 3,553 A P Missouri Gun & Knife Show 16 -Mar -14 1,604 A P Third Day/Skillet 17 -Mar -14 2,306 A E Home and Garden Show 21 -Mar -14 824 A P Home and Garden Show 22 -Mar -14 3,845 A P Home and Garden Show 23 -Mar -14 1,501 A P Facilities ALICE Training 25 -Mar -14 100 M U Show Me Day 29 -Mar -14 677 A U Rickey Smiley 29 -Mar -14 1,064 A E FY13-14 FY12.13 FY11-12 FY10-11 FY 09-10 FY 08-09 FY 07-08 FY 06-07 FY 05-06 FY 04-05 TOTAL EVENTS - MONTH 21 23 30 30 43 27 30 36 29 31 TOTAL ATTENDANCE - MONTH .25,223 21,160 17,019 15,859 21,496 19,474 17,043 21,015 17,076 23,543 ENTERTAINMENT ATTENDANCE 3,370 4,074 1,802 453 2,990 3,391 153 3,768 0 0 PUBLIC/PRIVATE ATTENDANCE 15,202 15,860 14,439 14,305 16,351 15,342 14,144 15,533 15,725 21,361 ATHLETIC ATTENDANCE 3,207 0 9 0 616 150 2,659 475 1,097 1,052 UNIVERSITY ATTENDANCE 3,444 1,226 769 1,101 1,539 591 87 1,239 254 1,130 # ARENA EVENTS 16 12 15 14 20 13 14 18 15 16 # MEETING ROOMS - 5 11 15 16 23 14 16 18 14 15 0 TOTALEVENTS- YTD 209 242 258 258 251 257 219 254 273 268 TOTAL ATTENDANCE - YTD 160,163 162,371 169,975 158,239 168,137 167,662 179,163 202,794 181,418 187,507 ARENA EVENTS - YTD 117 111 112 109 103 117 112 134 130 115 MEETING ROOMS - YTD 92 132 146 149 148 140 107 120 143 153 \\ACA\shuedataS\Finance\SMC\SECRTARY\SMC\UTIL RYDP=14.assx UTILIZATION REPORT - APRIL 2014 EVENT DATE ATTN SPACE USE FFA 3 -Apr -14 450 A P Messy Morning 5 -Apr -14 3,050 A P Math Feld Day 8 -Apr -14 693 A P Missouri Association of Insurance Agents Meeting 10 -Apr -14 11 M P SMC Architect Meeting 10 -Apr -14 14 M U Hunter Hayes Concert 11 -Apr -14 3,285 A E Teen Challenge Banquet 12 -Apr -14 900 A P WBB Banquet 13 -Apr -14 45 M A Beauty and the Beast 15 -Apr -14 417 A E Budget Review 16 -Apr -14 - 35 M U Football Speaker Event 16 -Apr -14 100 M A Budget Review 22 -Apr -14 33 M U Delta Sigma Theta Banquet 26 -Apr -14 60 M P Rotary Banquet 28 -Apr -14 176 M P IRIE 30 -Apr -14 50 M U \\ACA\sharedata$\Finance\SMC\SECRTARY\SMC\UM RPT\PRINT14.xlsx FY13-14 FY12.13 FYI 1-12 FY10-11 FY 09-10 FY 08.09 FY 07.08 FY 06.07 FY 05.06 FY 04.05 TOTAL EVENTS - MONTH 15 27 25 26 25 27 34 16 34 31 TOTAL ATTENDANCE - MONTH 9,319 11,434 18,854 16,396 10,232 6,626 13,815 5,817 19,008 10,859 ENTERTAINMENT ATTENDANCE 3,702 527 8,050 11,237 3,595 566 7,283 0 9,677 0 PUBLIC/PRIVATE ATTENDANCE 5,340 5,661 6,191 3,682 5,948 5,949 2,598 5,242 5,804 9,370 ATHLETIC ATTENDANCE 145 68 0 44 32 0 0 20 180 0 UNIVERSITY ATTENDANCE 132 5,178 4,613 1,433 657 717 3,934 555 3,347 1,489 # ARENA EVENTS 6 14 12 12 6 5 11 4 13 13 # MEETING ROOMS 9 13 13 14 19 22 23 12 21 18 TOTAL EVENTS- YTD 224 270 283 284 276 284 253 270 307 299 TOTAL ATTENDANCE - YTD 169,482 173,805 188,829 174,635 178,369 174,288 192,978 208,611 200,426 198,366 ARENA EVENTS- YTD 123 125 124 121 109 122 123 138 143 128 MEETING ROOMS - YTD 701 145 155 163 167 162 130 132 164 171 \\ACA\sharedata$\Finance\SMC\SECRTARY\SMC\UM RPT\PRINT14.xlsx UTILIZATION REPORT - MAY 2014 EVENT DATE ATTN SPACE USE Scooby Doo Live[ 2 -May -14 1,393 A E FM Staff Meeting 7 -May -14 150 M U Consultants Tour 14 -May -14 14 A U Cape Central Graduation Rehearsal 16 -May -14 300 A P Honors Graduation 17 -May -14 2524 A U Commencement 17 -May -14 7,277 A U Cape Central High School Graduation 18 -May -14 2928 A P Professional School of Real Estate 20 -May -14 29 M P Professional School of Real Estate 21 -May -14 29 M P Jackson High School Graduation 22 -May -14 6,213 - A P Law Enforcement Graduation 30 -May -14 160 M P \4SCA\sharedate$\Fi cc\SMCVSECRTARY\SMC\UTTL RPT\PRINT14.xlcx FY 13.14 FY 12-13 FY 11-12 FY 10-11 FY 09-10 FY 08.09 FY 07.08 FY 06.07 FY 05.06 FY 04-05 TOTAL EVENTS - MONTH 11 17 16 28 19 29 30 25 24 24 TOTAL ATTENDANCE - MONTH 21,017 23,466 11,224 20,941 17,919 12,966 29,024 20,453 17,743 20,536 ENTERTAINMENT ATTENDANCE 1,393 1,458 0 3,692 0 1,642 9,874 7,529 0 2,366 PUBLIC/PRIVATE ATTENDANCE 9,659 12,312 3,678 9,292 10,186 3,830 11,447 5,645 6,503 9,741 ATHLETIC ATTENDANCE 0 0 0 561 496 0 29 539 1,916 576 UNIVERSITY ATTENDANCE 9,965 9,696 7,546 7,396 7,237 7,494 7,674 6,740 9,324 7,853 #ARENA EVENTS 7 9 4 10 5 7 11 11 6 6 #MEETING ROOMS 4 8 12 17 14 22 19 14 18 18 TOTAL EVENTS - YTD 235 287 299 312 295 374 279 295 331 323 TOTAL ATTENDANCE - YTD 190,499 197,155 200,053 195,576 196,288 187,273 219,283 229,064 218,169 218,902 ARENA EVENTS - YTD 130 134 128 131 114 129 132 149 149 134 MEETING ROOMS - YTD 105 153 171 180 181 185 147 146 182 189 \4SCA\sharedate$\Fi cc\SMCVSECRTARY\SMC\UTTL RPT\PRINT14.xlcx