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Home My WebLink About09-08-4 Regularn ti Harry E. Rediger, Mayor Joseph Uzoaru, Ward 1 Shelly Moore, Ward 2 Victor Gunn, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Wayne Bowen, Ward 6 September 8, 2014 Study Session 5:00 p.m. Items for Discussion • Planning and Zoning Commission Report City Council Chambers City Hall 401 Independence Cablecast on: City Public Access Channel 993 www.city,of'capcgirardeau.org • Beautiful Business Property of the Month Presentation • Craig Compas, District Traffic Engineer MoDOT - Kingshighway Speed Limit • Chief Wes Blair - information on Alcoholic Beverages Code • Appearances regarding items not on the agenda • Agenda review 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). Regular Session t'� 7:00 PM Invocation Pastor Dave Meade, Bethel Assembly of God in Cape Girardeau Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations • Proclamation National Preparedness Month September 2014 Communications/Reports • City Council • City Manager Public Hearings 1. A Dublic hearine to consider a reauest to rezone DroDertv at 301 and 305 Mill Street from R-4 (Medium Density Multifamily Residential District) to RUMD (Residential Urban Mixed Density District). (Agenda Item No. 14: BILL NO. 14-127) 2. A public hearing to consider a request to rezone property at 890 South Kingshighway from M-2 (Heavy Manufacturing/Industrial District) to M-1 Wight Manufacturing/Industrial District). (Agenda Item No. 15: BILL NO. 14-128) 3. A public hearing to consider a request to rezone property at 902 South Kingshighway from M-2 (Heavy Manufacturing/Industrial District) to M-1 Wight Manufacturing/Industrial District). (Agenda Item No. 16: BILL NO. 14-129) 4. A public hearing to consider a request to rezone property at Silver Springs Road and Shamrock Circle from C-2 (Highway Commercial District) to R-4 (Medium Density Multifamily Residential District). (Agenda Item No. 17: BILL NO. 14-130) 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. 5. Approval of the August 18, 2014, City Council regular session and closed session meeting minutes. 6. BILL NO. 14-124, an Ordinance accepting a Temporary Roadway Easement from Crisp Realty Co.. 7. BILL NO. 14-125, an Ordinance approving the record plat of Mocarrico Subdivision. Second and Third Readings. 8. BILL NO. 14-126, an Ordinance approving the record plat of Pacific Rim Addition. Second and Third Readings. 9. BILL NO. 14-136, a Resolution authorizing the City Manager to execute a contract with Horner & Shifrin. Inc., for the South Sprigg Street Roadway Restoration Project. Reading and Passage. 10. BILL NO. 14-137, a Resolution authorizing the City Manager to execute a Right -of -Entry for Dredging Support Operations for the U.S. Army Corps of Engineers, in the City of Cape Girardeau, Missouri. Reading and Passage. 11. BILL NO. 14-138, a Resolution authorizing the City Manager to submit an Historic Preservation Certified Local Government Grant Application for the 2015 Missouri Preservation Conference. Reading and Passage. 12. BILL NO. 14-141, a Resolution authorizing the City Manager to execute an Agreement with Joe Grojean Excavating. Inc., for the demolition of a building located at 818 North Fountain Street, in the City of Cape Girardeau, Missouri. Reading and Passage. Items Removed from Consent Agenda New Ordinances 13. BILL NO. 14-123, an Ordinance amending Traffic Schedule A of Section 26-228 of the City Code, by amending speed limits on Kingshighway, in the City of Cape Girardeau, Missouri. First Reading_ 14. BILL NO. 14-127, 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 301 and 305 Mill Street, in the City and County of Cape Girardeau. Missouri, from R-4 to RUMD. First Reading. 15. BILL NO. 14-128, 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 890 South Kingshighway, in the City and County of Cape Girardeau. Missouri, from M-2 to M-1. First Reading 16. BILL NO. 14-129, 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 902 South Kingshighway, in the City and County of Cape Girardeau. Missouri, from M-2 to M-1. First Reading 17. BILL NO. 14-130, 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 Shamrock Circle, in the City and County of Cape Girardeau. Missouri, from C-2 to R-4. First Reading. 18. BILL NO. 14-131, an Ordinance authorizing the issuance of a Special Tax Bill for the property located at 219 North Middle Street, for the demolition of a dangerous building under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri. First Reading. 19. BILL NO. 14-132, an Ordinance authorizing the issuance of a Special Tax Bill for the property located at 1751 Luce Street, for the demolition of a dangerous building under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri. First Reading. 20. BILL NO. 14-133, an Ordinance authorizing the issuance of a Special Tax Bill for the property located at 1022 Perry Avenue, for the demolition of a dangerous building under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri. First Reading. 21. BILL NO. 14-134. an Ordinance authorizing the issuance of a Special Tax Bill for the DroDert located at 513 William Street, for the demolition of a dangerous building under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri. First Reading. 22. BILL NO. 14-135, an Ordinance authorizing the City Manager to execute an STP -Urban Program Agreement with the Missouri Highways and Transportation Commission, for the Independence Street and Gordonville Road intersection, in the City of Cape Girardeau, Missouri. First Reading. 23. BILL NO. 14-139, an Ordinance amending Schedule C of Section 26-121 of the City Code, by changing stop signs at the intersection of Broadway and Henderson Avenue, in the City of Cape Girardeau, Missouri. First Reading, 24. BILL NO. 14-140, an Ordinance amending Schedule H of Section 26-126 of the City Code by establishing traffic signals at the intersection of William Street and Sheridan Drive, and at the intersection of Broadway and Henderson Avenue, in the City of Cape Girardeau, Missouri. First Reading. 25. BILL NO. 14-142, An Ordinance Amending Article XI of Chapter 15 of the Code of Ordinances of the Citv of CaDe Girardeau. Missouri. regarding Rooms to Lease. Let. Hire or Rent. First Reading. Appointments 26. Appointments to the Airport Advisory Board Other Business Meeting Adjournment Memos • Appointment to the Board of Appeals • Appointment to the Board of Examiners • Appointment to the Girardeau Goes Green Advisory Board. • Appointments to the Golf Course Advisory Board. Advisory Board Minutes • Airport Board, July 8, 2014 Chamber of Commerce Board of Directors, September 9, 2014 Girardeau Goes Green Advisory Board, August 12, 2014 Keep Cape Beautiful Beatification Committee, July 29, 2014 Tree Board June 9, 2014 Sec. 5-12. Prohibited acts committed by and involving minors;,gxemptions.. (a),_�isrepresentatlon of age by minor. No person between the age of seventeen C17) _ _a, years and twenty-one (21) years shall represent that he or she, has attained the age / of twenty-one (21) years for the purpose of entering into an establishment that sells or supplies intoxicating liquor, or.purchasing asking for or in any manner receiving I any intoxicating liquor___________________________________________ �b),__Furchase or possession of intoxicatinglicLuor. Anyperson under the age of twenty-_ _ one (21) years, who purchases or attempts to purchase, or has in his or Deleted: presumptionforse Formatted Formatted[3j Formatted Deleted: Q Formatted Deleted: Formatted Formatted P) Formatted ( (g] Deleted: Q Formatted fel Deleted: sealed Formatted Deleted: , Formatted Deleted: the listed contents qw Formatted possession, any intoxicating liquor as defined in this section, or who is visibly in an intoxicated condition, or has a detectable blood alcohol content of more than two- n hundredths of one percent or more byweight of alcohol in such person's blood is guilty of a violation of this section. In prosecutions pursuant to this chapter, the municipal courtwill presume that the contents of a manufacturerpontainer describing, thatthere is intoxicating liquor thereirl does contain jntoxicatinq liquor.. This b� presumption may be rebutted by the defendant by the presentation of good and p� 4 sufficient evidence to the contrary. dq p� jc),__.Duty of licensee, etc. Noperson licensed under the provisions of this chapter and the1 general ordinances of the city, nor any employee of such person shall permit or rohibi anyminor.to enter, visitor remain upon an_premises where intoxicating Formatted ...(13) Formatted ... r14) Deleted: Q Formatted ...[15] Deleted: suffer Formatted LJ16L Deleted: child Formatted ... (17) Deleted: licensed Formatted Deleted: child Formatted liquor is served or is sold to be consumed on the premises, unless such im nor. is _ _ _ /Deleted: child accompanied by one (1) of his or her, parents or by his or he, legal guardian. For the Formatted of this section' inor' is defined as a person under the a e oflwenty-one Deleted: seventeen (17 purpose 'r��------------------------ --� f21)years. The prohibition contained herein shall not apply to employees authorized Formatted _ _ .... _.Formatted i� Sd arent om an No -minor, shall enter, visitor L_ or reuired to accminor g� -------q--- P Y { remain upon the premises described in subsection (c) above unless such inn nor, accompanied by one (1) of his or he, parents or by his or he, legal guardian. jet Exemptions..Theprovisions ofsubsection (c) and subsection (d) above, shall not applytc;..................................................... r � po �o (1) Golf course with nine (9) or more holes. (2) Bowlinq alley with five (5) or more lanes. (3) A sports complex or community center owned by a public entity. i a 0 Formatted ,(23) Deleted: Q Formatted ,(24) Deleted: child Formatted ... r25) Deleted: child Formatted Formatted Formatted (,,, (28 Deleted: ¶ I ... (29) Formatted ...r30) Deleted: this section Formatted Deleted: public picnics, fair ,,, r32) Formatted (4) Locations that have a business license to operate as a public building, public grounds, or public hall as defined in Sec. 15-1 of this Code and are exclusively used as such. The exemption shall only apply during the hours of 6:00 am to 10:00 pm. (5) Temporary permits issued pursuant to Sec. 5-13 of this Chapter to any charitable or religious organizations that have 501(c)(3) status with the Internal Revenue Service. �fl Restaurants exempted. The provisions of subsection (c) and subsection (dj above shall not apply to those establishments whose primary purpose for being in business is the sale of foodand has more than sixty (60) percent of its sales from food prepared on the premises. A minor. may enter and remain upon suchpremises ---- solely __solely for the purpose of purchasing food. Formatted: Border:: (No border) Deleted: Q Food establishments excepted Formatted: Border:: (No border) Formatted: incr0, Indent: Left: 0.5", Hanging: 0.5" Deleted: , and when the sale of intoxicating liquor is incident to the primary purpose of the sale of food, a child Formatted: Border:: (No border) Deleted: I Page 1: [1] Deleted Lancaster, Shonda 8/14/2014 9:57:00 AM presumption for sealed containers; exceptions Page 1: [2] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [3] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [4] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM incr0, Indent: Left: 0.5", Hanging: 0.5" Page 1: [5] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [5] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [5] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [6] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [7] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [8] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM incr0, Indent: Left: 0.5", Hanging: 0.5" Page 1: [9] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [9] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [10] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [11] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [12] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [13] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [14] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM incr0, Indent: Left: 0.5", Hanging: 0.5" Page 1: [15] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [16] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [17] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [18] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [19] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [19] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [19] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [20] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [21] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [21] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [22] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [23] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM incr0, Indent: Left: 0.5", Hanging: 0.5" Page 1: [24] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [25] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [26] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [26] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [26] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [27] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [28] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM incr0, Indent: Left: 0.5", Hanging: 0.5" Page 1: [29] Deleted Lancaster, Shonda 8/14/2014 9:57:00 AM Public picnics, fairs, bowling alleys, excepted. Page 1: [30] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [31] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Page 1: [32] Deleted Lancaster, Shonda 8/14/2014 9:57:00 AM public picnics, fairs or bowling alleys. Page 1: [33] Formatted Lancaster, Shonda 8/14/2014 9:57:00 AM Border:: (No border) Sec. 5-48. Consumption liquor license; license required; regulations; penalties; exceptions. a It shall be unlawful for an erson operating an remises where food beverages or Deleted: Q entertainment are sold or provided for compensation, who does not possess a Formatted: incr0, indent: Left: license for the sale of intoxicating liquor, to permit the drinking or consumption of 0.5", Hanging: 0.5" intoxicating liquor in the premises, without having a license as in this section provided. (b�_FPlication for such license shall be maYg A de to the cit mana er on forms to be «,,, Deleted: 9 ---------------------------- - prescribed by him, describing the premises to be licensed and giving all other Formatted: incr), indent: Left: reasonable information required by the form. The license shall be issued upon the 0.5", Hanging: 0.5" payment of the fee required in this section after complying with the process for city council approval set forth in this article. A license shall be required for each separate premises and shall expire on the thirtieth day of June next succeeding the date of such license. The license fee shall be three hundred dollars ($300.00) per year and the applicant shall pay twenty-five dollars ($25.00) for each month or part thereof remaining from the date of the license to the next succeeding first of July. Applications for renewals of licenses shall be filed on or before the first of May of each year. (c), gp The drinking or consumption of intoxicatin liquor uor shall not be -Permitted p in or upon_ -- Formatted: intro, Indent: Left: �------------------------- ------------------------4 0.5", Hanging: 0.5" the licensed premises by any person under twenty-one (21) years of age, or by any _ Deleted: 9 other person between the hours of 1:30 a.m. and 6:00 a.m. on any weekday, and between the hours of 1:30 a.m. Sunday and 6:00 a.m. Monday. Licenses issued hereunder shall be conditioned upon the observance of the provisions of this chapter and the regulations promulgated thereunder governing the conduct of premises licensed for the sale of intoxicating liquor by the drink. The provision of this section regulating the drinking or consumption of intoxicating liquor between certain hours and on Sunday shall apply also to premises licensed under this chapter to sell intoxicating liquor by the drink. No person shall be granted a license hereunder unless such person is of good moral character and a qualified legal voter and a taxpaying citizen of the city, nor shall any corporation be granted a license hereunder unless the managing officer of such corporation is of good moral character and a qualified legal voter and taxpaying citizen of the city. Deleted: (d)¶ (d) Any person involved in the direct participation in retail sales of intoxicating liquor is required to complete an alcohol education program that is approved by the Chief of Police or his designee once every two years. No person licensed under the provisions of this chapter and the general ordinances of the city, nor any employee of such person shall permit or fail to prohibit any person from participating directly in the retail sale of intoxicating liquor who has not completed such program as required herein. A licensee shall maintain a certificate of an employee's successful completion of such program on the licensee's premises and such records shall be available for inspection upon demand by the City of Cape Girardeau, a police officer or liquor control agent. For purposes of this section, the phrase "direct participation in retail sales" includes the duties of accepting payment, taking orders, serving, mixing, or assisting in mixing or serving of intoxicating liquor and includes, but not limited to, a manager/supervisor, bartender, server, cashier, sales clerk or door person. It shall be an affirmative defense to a charge of violating this subsection that the person working in such capacity at the time of the alleged offense had been employed at the place of business for less than fifteen (15) days. _LeL_Any premises operated in violation of the provisions of this ha ter, or where Deleted: section intoxicating liquor is consumed in violation of this ha ter, is hereby declared to be a Formatted: intro, Indent: Left: --------,� 0.5",Hanging: 0.5" public and common nuisance, and the city manager and the city attorney shall have Deleted: section the authority to prosecute such violation in municipal court and to enjoin such nuisance. The city manager shall have the authority to deny a liquor license for any location that has been declared to be a nuisance due to violations of this Chapter or this Code. Deleted: (e)% jt_Any person operating any premises, or any employee, agent, representative, partner,• �- Formatted: incrO, Indent: Left: 0.5% Hanging: 0.5" or associate of such person, who shall violate any of the provisions of this section, or ------ - ------------ -- Deleted: knowingly any of the laws or regulations herein made applicable to the conduct of such premises, is guilty of a misdemeanor. (gl The city manager is hereby empowered to revoke or suspend any license issued '-- hereunder for violation of this.Chapter. the Code of the City of Cape Girardeau or any_ Jaws or regulationkapplicable to the conduct of premises licensed hereunder. --- _ --------------------------------------------------------------- (h) Nothing in this section shall be construed to prohibit the sale or delivery of any intoxicating liquor during any of the hours or on any of the days specified in this section by a wholesaler licensed under the other provisions of this chapter to a Deleted: (f)J Formatted: incrO, Indent: Left: 0.5% Hanging: 0.5" Deleted: section Deleted: of the Deleted: herein made Deleted: (g)Q Formatted: incrO, Indent: Left: 0.5% Hanging: 0.5" person licensed to sell the intoxicating liquor at retail. Deleted: (h)Q (i) No intoxicating liquor may be served or sold on any premises used as a polling place - - - Formatted: incrO, Indent: Left: on election days 0.5% Hanging: 0.5" Deleted: Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT A public hearing to consider a request to rezone property at 301 and 305 Mill Street from R-4 (Medium Density Multifamily Residential District) to RUMD (Residential Urban Mixed Density District). EXECUTIVE SUMMARY A public hearing has been scheduled for September 8, 2014 to consider a request to rezone property at 301 and 305 Mill Street. The first reading of an ordinance rezoning the property is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been submitted to rezone the property at 301 and 305 Mill Street from R-4 (Medium Density Multifamily Residential) to RUMD (Residential Urban Mixed Density). The City recently vacated the Lorimier Street right-of-way adjacent to the property's east side. The rezoning request includes the western half of the vacated right-of-way, which is now owned by the applicant. The immediately surrounding properties are zoned R-4 (Medium Density Multifamily Residential) to the north, east, south, and west, and PD (Planned Development) to the northeast. This area is characterized by single-family and multifamily residential uses. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as High Density Residential. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The proposed RUMD district permits all of the same uses that are permitted in the R-4 district (except a commercial day care), plus additional types of residential uses such as single-family and two-family (duplex) dwellings. Although the surrounding properties are zoned R-4, most of them contain single-family dwellings. Special uses in the RUMD district include personal service and retail establishments, restaurants and bars, pet grooming, offices, and public utilities. Based on the urban character of this area, the proposed RUMD district is reasonable and conforms to the existing uses and value of the surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on the rezoning request at its August 13, 2014 regular meeting, and recommended approval with a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 17, 2014. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. ATTACHMENTS: Name: ❑ Staff Review -Referral -Action Form.W ❑ Map - 301-305 Mill Street_Zoningpdf ❑ Map - 301-305 Mill Street FLU.pdf ❑ Application - 301 Mill Street Rezoning.pdf ❑ R-4.pdf ❑ RUMD.pdf Description: 301 & 305 Mill St - Staff RRA Form 301 & 305 Mill St -Zoning Map 301 & 305 Mill St - FLU Map 301 & 305 Mill St - Rezoning Application R-4 District Regulations RUMD District Regulations CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1311 WK -A Vy- "tPylaw two LOCATION: 301 & 305 Mill Street Jack Young has requested to rezone property at 301 & 3 ) 05 Mill Street from the R-4 (Medium Density Multi -family Residential) District to the RUMD (Residential Urban Mixed Density) District. SEE STAFF REPORT FOR FURTHER INFORMATION City Planner City Attorney -7 ILI Date 6atef CITY AL4NAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. Tly Manager Date Planning &Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: RECOMMENDED A CTION: Trae Bertrand Larry Dowdy Jeff Glenn Bill Hinckley Randy Kluge VOTE COUNT: CnAJAJFVT,�- Favor Oppose Abstain Lj 11i Ll Lj Ld' L3 F1 S' j Lj Ef /" J F1 La" Lj L3 Favor Ralph Maxton Scott McClanahan Doug Spooler Tom Welch C:_ Oppose 08/13/14 Fav Oppose Abstain Ll Lj City Council Action Posting Dates: Sign Newspaper !S 14- Public Hearing Date: C( <71 � �� Ordinance 1St Reading Cl -6 Ordinance 2nd & 3rd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Ll I" Ll L) La, Lj Ll Abstain City Council Action Posting Dates: Sign Newspaper !S 14- Public Hearing Date: C( <71 � �� Ordinance 1St Reading Cl -6 Ordinance 2nd & 3rd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Rezoning Request - 301/305 Mill Street Requested Rezoning: R4 from R-4 (Medium Density Multi -family Residential) District to RUMD (Residential Urban Mixed Density) District. ,- Future Land Use Recommendation: High Density Residential R4 � t o 602 , R4 611 � _ CO R4 A? ALL 0 J R4 304 a R4 R4 R4 300 Mill St R4 R4 R4 d� R4 510 V R4 �� L - J-.' M LANDMARKS N W E S 0 37.5 75 150 Fee W PD PD R4 Legend + Area to be Rezoned Parcels 500 Zoning District City of Cape Girardeau LANDMARKS Division of Planning Services PD GIS Data GeoElye, i -cub R4 July 29, 2014 uses, ser Community Rezoning Request - 301/305 Mill Street Requested Rezoning: from R-4 (Medium Density Multi -family Residential) District to RUMD (Residential Urban Mixed Density) District. Future Land Use Recommendation: High Density Residential 611 LL 602 Medium Density Residential E J 600 310 320 318 304 300 534 524 Mill St 520 Mixed Us] 510 N W E S 37.5 75 150 Feet 301 High Density Residential Institutional 500 City of Cape Girardeau Division of Planning Services GIS Data July 29, 2014 233 231 Legend OArea to be Rezoned Parcels FLU Recommendation High Density Residential - Institutional - Medium Density Residential - Mixed Use REZONING SPECIAL USE PERMIT APPLICATION CITY Of CAPE GIRARDEAU -6327 DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339 0 WINSAUT W H6117 19 1 ILI I 11 5, ON I 11WRIKI a - I OFFICE USE ONLY ,4 Date Received Planning & Zoning Commission Recommendation City Council Final Action ------ ---- Application continues on next page IS Date File Number . . . . . . . . . . Special Use Criteria (Special Use Permit requests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS n addition to this application, the following items must be submitted: REQUIRED VApplication fee ($126.00 payable to City of Cape Girardeau) One (1) list of names and mailing addresses of adjoining property owners One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property One (1) full size site plan, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) One (1) reduced size (8-1/2" x 11") copy of the plat/survey (and site plan, if applicable) One (1) set of Planned Development documents (Planned Development rezonings only) x4am I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. I/we understand and acknowledge that in addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve (12) months of the approval datqlo'Nhe permit will become void, unless an extension has been granted. Own e-YSign 4ure V V /111*' 1 Date 111W I I I vill 11 re 1 IN I III! relax -M-1111 Applicant Signature (if other than Owner) Date rem Shrimplin, Ryan From: Prominence Realty <Young @P romi nence Realty. com> Sent: Saturday, July 26, 2014 7:07 PM To: Shrimplin, Ryan Subject: RE: Rezoning - 301 & 305 Mill St M Absolutely! I assumed that an vacated street took on the zoning classification of the property to which it was being attached. Do I need to modify the rezoning request? I will rewrite it anyway and resend it just in case staff will want it included in the application. From: Shrimplin, Ryan [mailto:rshrimplin@CityofCapeGirardeau.org] Sent: Friday, July 25, 2014 1:42 PM To: young@prominencereaIty.com Cc: Peters, Carol Subject: Rezoning - 301 & 305 Mill St Jack, Please confirm that you wish to include the western half of the vacated Lorimier Street right-of-way, which you now own., as part of your rezoning request. Thank you, Ryan Shrimplin, AICP City Planner CITY q CAPE GIRARDEAU 401 Independence Street Cape Girardeau, MO 63703 (573) 339-6327 office (573) 339-6303 fax rshrimpi,i,np,cityofcapeqirardeau.org The message included with this e-mail and any attached document(s) contain information from the City of Cape Girardeau. This information is intended to be for the use of the addressee named in this e-mail. If you are not the addressee, note that any disclosure, photocopying, distribution or use of the contents of this e-mail information is prohibited. If you have received this e-mail in error,, please notify us immediately by telephone at (573) 339-6327. Thank you. 1 I 0 to M a W00 tD uj CL C.). a) CO ro U) CL D vvg ed P4 LICO) 00 z N z 00 P4 C14 CN E-4 zu Z Z 2 < W rTw fw d UJ 00 cj 6 U- 0 C3 Z— ca ui c'! foi 0 E-4 CO M < W�4 0-4 z 0 U5 m E-4 z V) z Z < W 0 u 0 cr :c U) a u (L� *Q Z—<S9 W W Z OZ V-4 pq 0 -!4 cri z 0 E-4 Na LAJ M Lu uj 0 z > Z u in 0 0 U LU -i 04 r4 0-4 W F - Z wW :g z — 0 0 E-4 L -0 V-4 —mob --Mao --so —amm —was 0 co v —mom =NOUN= g '.4 z 0. E-4 MAI .09 a31"1a0,1 0 I 0 to M a W00 tD uj CL C.). a) CO ro U) CL D vvg ui ;PZW LICO) 00 CO N (n N z 00 ZE 0 z C14 CN 38 zu Z Z 2 < U fw d UJ 00 cj 6 U- 0 C3 Z— ca ui c'! foi to w rl- 0 W V) z w C) — Z 0 ui > C., uu,) 0 < En U) aLL.' c! U) LO LU;E .. 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Z Ix 4 cn CL a V) < Z V) M Ix V) v 0 a Z CK m U9 z C.) 2i 2 ir o 0- CL 8 ' (x Z cr uj Ln Lq 2 x 0 Le Le W- 1/1 00 6 < < jE V uj C7 LLI -i .z C4 H 4 6 6 r: w 6 6 .: Cv 1-i Sec. 30325. - R-4, medium density multifamily residential district. (a) (b) Purpose. This district is intended to accommodate multifamily residential developments at maximum densities of up to eighteen (18) units per acre. New single-family detached dwellings are not permitted in order to ensure that vacant land set aside for multifamily development is not preempted by less intensive development. Certain other structures and uses necessary to serve governmental, educational, institutional, commercial and recreational uses are allowed. Permitted uses. (1) Multifamily dwellings. (2) Townhouses. (3) Cluster subdivisions, as permitted in chapter 25 of the City Code. Nursing homes, senior citizen housing and retirement homes. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary, middle and secondary schools, or development centers for elementary, middle and secondary school age children with handicaps or development disabilities, on a minimum of five (5) acres. Commercial day care. Permitted uses (accessory). (1) (2) Private garages, carports and accessory buildings, as permitted in section 30- 403, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Bed and breakfasts. (2) Cemeteries, on a minimum of ten (10) acres of land. (3) Transitional housing. (4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations. (5) Residential treatment facilities. (6) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (e) Height, area, bulk and setback regulations. (1) Maximum Height: Five (5) stories not to exceed sixty (60) feet. (2) Minimum Lot Area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. All other uses: Three thousand seven hundred fifty (3,750) square feet. (3) Maximum Density. Eighteen (18) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted by chapter 25 of the City Code. (4) Minimum Lot Width: a. Each townhouse: Twenty (20) feet. b. All other uses: None. (5) Minimum Yard Requirements: a. Front yard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty-five (25) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty-five (25) feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five (5) feet. (6) Maximum Building Coverage, including accessory building: Fifty (50) percent of the lot for all uses except townhouses. (f) (g) Open space, landscaping and bufferyard requirements. For any multifamily residential uses or nonresidential uses: (1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) (3) Landscaping shall be provided as required in chapter 25 of the City Code. A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) Sec. 30327. - RUMD, residential urban mixed density district. (a) (b) Purpose. This district is intended to provide for moderate density residential development with a mixture of housing styles and densities with a maximum twelve (12) units per acre. These developments are characterized by single-family dwellings along with lowto medium density multifamily residential structures, such as duplexes, townhouses or multifamily areas. It provides regulation to encourage innovative forms of housing development. It adapts to both established and developing neighborhoods, as well as being a transition between single-family and multifamily areas. It intends to provide for the stability of the existing residential development located in the areas of the city, while accommodating a range of compatible residential densities. This district should be located convenient to commercial uses and employment centers. Permitted uses. (1) Single-family detached dwellings. (2) (10) Duplexes, two-family dwelling units. Multifamily dwellings. Townhouses. Cluster subdivisions, as permitted in chapter 25 of the City Code. Noncommercial, not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Public parks, playgrounds and recreational facilities. Police and fire stations. Elementary and middle schools or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood, and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. A private resident licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by (c) blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit is issued therefor. Permitted uses (accessory). (1) Private garages, carports and accessory buildings, as permitted in section 30- 403, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Home day cares, with no more than (4) unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses (1) Personal service establishments including, but not limited to, beauty parlors, barber shops, dry cleaning and laundry pick-up, shoe repair, self-service laundromats, express or mailing offices. (2) Retail establishments which supply convenience and specialized goods and services, including, but not limited to, groceries, bakery, package liquor, books, candy, dairy products, drugs, flowers, gifts, jewelry, hobby materials, meat, fish and poultry, news stands, wearing apparel, shoes, clothing, toys, pipe and tobacco and video rental. (e) Restaurants and bars, excluding drive-in, pick-up, or drive-thru facilities. Pet grooming with sales of pet grooming products. The following are prohibited: overnight pet stays, the sale or breeding of pets, and kennels. Offices. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards. (1) No individual retail store, personal service establishment or other permitted use shall have a gross floor area greater than three thousand five hundred (3,500) square feet. (2) Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters shall be located at the rear of the building and properly screened as required in chapter 25 of the City Code. (3) All structures in this district shall be constructed using materials, surfaces, textures, and colors that are compatible with the surrounding residential development. Consideration shall also be given to the scale, orientation and (f) proportion of surrounding development. Design review shall be performed as part of the site plan review. (4) Lighting shall be designed to be directed away from any adjacent residential area. Height, area, bulk and setback requirements. (1) Maximum Height: a. When side yards are less than fifteen (15) feet in width, two and one- half (2%) stories not to exceed thirty-five (35) feet. b. When side yards are fifteen (15) feet in width or greater, three (3) stories, not to exceed forty-five (45) feet. (2) Minimum Lot Area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. Duplexes, three thousand seven hundred fifty (3,750) square feet per unit. C. Single-family, five thousand (5,000) square feet. d. Multifamily, three thousand seven hundred fifty (3,750) square feet. (3) Maximum Density. Twelve (12) units per one (1) acre. Higher densities may be approved with a cluster subdivision as permitted in chapter 25 of the City Code. (4) Minimum Lot Width: a. Each townhouse: Twenty (20) feet. b. Each duplex: Twenty (20) feet. C. All other uses: Thirty (30) feet. (5) Minimum Yard Requirements: a. Front yard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty (20) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty (20) feet. (g) C. Side yard: 1. Each townhouse: None. 2. All other uses: Three (3) feet. Open space, landscaping and bufferyard requirements. (1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT A public hearing to consider a request to rezone property at 890 South Kingshighway from M-2 (Heavy Manufacturing/Industrial District) to M-1 (Light Manufacturing/Industrial District). EXECUTIVE SUMMARY A public hearing has been scheduled for September 8, 2014 to consider a request to rezone property at 890 South Kingshighway. The first reading of an ordinance rezoning the property is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been filed to rezone the property at 890 South Kingshighway from M-2 (Heavy Manufacturing/Industrial District) to M-1 (Light Manufacturing/Industrial District). The immediately surrounding properties are zoned M-2 (Heavy Manufacturing/Industrial District) to the north, east, and south, and M-1 (Light Manufacturing/Industrial District) to the west. This area is characterized by light industrial uses and retail uses with outdoor sales. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as General Commercial. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The proposed zoning district is the same as properties to the west, across Kingshighway. Furthermore, the properties immediately adjacent to the subject property, although zoned M-2, contain light industrial uses and retail uses with outdoor sales, which are more appropriate for the M-1 district. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on the rezoning request at its August 13, 2014 regular meeting, and recommended approval with a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 17, 2014. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. ATTACHMENTS: Name: Description: 0 Staff Review -Referral -Action Fom12T 890 S Kingshighway - Staff RRA Form ❑ 890 S Kingshighway Zoning Map.pdf ❑ 890 S Kingshighway FLU_Map.pdf ❑ Application -890 S Kingshighway REZ.pdf ❑ M-2.pdf ❑ M-1.pdf 8905 Kingshighway-Zoning Map 890 S Kingshighway - FLU Map 890 S Kingshighway - Rezoning Application M-2 District Regulations M-1 District Regulations CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1300 LOCATION: 890 South Kinashiahwa City At ey Date CITY MANAdiR REFERRAL TO THE PLANNING AND ZONING COMMISSION: ity Manager Planning &Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: RECOMMENDED A CTION.- Favor Oppose Abstain 1)(ate Trae Bertrand Planning &Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: RECOMMENDED A CTION.- Favor Oppose Abstain Trae Bertrand a," Ll Ll Ralph Maxton Larry Dowdy La' F-1 L3 Scott McClanahan Jeff Glenn L;r F-1 J Doug Spooler Bill Hinckley LI/ L3 Lj Tom Welch Randy Kluge all' Lj Ll Is VOTE COUNT: Favor Oppose C" AJAIF WN - CITIZENS COMMENTING AT MEETING: 08/13/14 Favor Oppose Abstain I I A City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance 1St Reading- Ordinance 2nd & 3'"d Reading: VOTE CO=1 ORDINANCE # Effective Date: ml_= :. Rezoning Request - 890 South Kingshighway Requested Rezoning: from M-2 (Heavy Manufacturing/Industriall) District to M1 84 M-1 (Light Manufacturing/Industrial) District. Future Land Use Recommendation: General Commercial M1 851 1 M1 861 y Y aJ °4ntq` burn RQ r M2 890 M2 Elf ` 2121 M2 .2115 M2 M2 sr.. a M2 M2 Legend Irl O 890 South Kingshighway V r Parcels i 910 Zoning District r M2 M1 S City of Cape Girardeau M2 „ Division of Planning Services 130 260 520 Fee GIS Data 0 R1 June 24, 2014 Rezoning Request - 890 South Kingshighway from Future 861 Requested Rezoning: M-2 (Heavy Manufacturing/Industrial) District to M-1 (Light Manufacturing/Industrial) District. Land Use Recommendation: General Commercial 851 913 N W E S Fnra M City of Cape Girardeau Division of Planning Services GIS Data June 24, 2014 Southern Legend Q 890 South Kingshighway Parcels FLU Recommendation General Commercial High Density Residential - Light Industrial = Mixed Use m� 903 m r 913 N W E S Fnra M City of Cape Girardeau Division of Planning Services GIS Data June 24, 2014 Southern Legend Q 890 South Kingshighway Parcels FLU Recommendation General Commercial High Density Residential - Light Industrial = Mixed Use REZONING SPECIAL USE PERMIT APPLICATION �'�A CITY Of CAPE G I RAR D EAU * DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Locatio'n 890 South Kinashiahwav Applicant (including Contact Name) Property Owner of Record (if other than Applicant) Marvin Glyn Ferrel Jr. Mailing Address City, State, Zip Mailing Address City, State, Zip P.O. Box 72 Benton, MO 63736 Telephone Email I Telephone Email (573) 545-4114 homeacceptancel@gmai.com Type of Request: Rezoning, Special Use, Permit,, or Both (Attach additional owners information if necessary) Rezoning Existing Zoning District Proposed Zoning District (Rezoning requests only) M-2 I M-1 Legal description of property to be rezoned and/or upon which the special use is to be conducted A PARCEL OF LAND LOCATED IN U.S.P.S. NO. 222 IN TOWNSHIP 30 NORTH, RANGE 13 EAST FURTHER DESCRIBED AS FOLLOWS: START AT THE SOUTHEAST CORNER OF FRACTIONAL SECTION 12; THENCE NORTH 84 DEG. 6' WEST 525.3 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE ONWARD NORTH 84 DEG. 06' WEST 385.0 FEET FOR A CORNER IN THE NORTHWEST LINE OF U.S. HIGHWAY #61; THENCE NORTH 49 DEG. 14' EAST 249.1 FEET FOR A CORNER; THENCE NORTH 77 DEG. 02' EAST 208.0 FEET FOR A CORNER; THENCE SOUTH 1 DEG. 55,58" WEST, 249.05 FEET TO THE POINT OF BEGINNING. Describe the proposed use of the property Potential vehicle retail sales lot. Application continues on next page OFFICE USE ONLY I &D Date Received By Z)Z22:�s File Number. L0101 %.MOP, Planning & Zoning Commission Recommendation City Council Final Action Date Date Rpvir,pri R/R/?nl? Special Use Criteria (Special Use Permit requests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5.) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS in addition to this application, the following items must be submitted: REQUIRED Application fee ($126.00 payable to City of Cape Girardeau), One (1) list of names and mailing addresses of adjoining property owners One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property - One (1) full Size site plan, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures) paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) HOne (1) reduced size (8-1/2)) x 11))) copy of the plat/survey (and site plan, if applicable) one (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. I/we understand and acknowledge that in addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve (12) months of the approval date or the permit willbecom"pid, unless an extension has been granted. Owner knature,,-" Date Owner Signature,) Date I certify that I am an Agent authorized by the Property Owner(s) of Record to file this application on their behalf. Applicant Signature (if other than Owner) Date Rpvir,pri R/R/901 ? 8 1 0 0 3 0 9 Tx; 4061252 GENERAL WARRANTY DEED THIS DEED, made and entered into this day of May, 2014, by and between KKDT Ferrell Real Estate, LLC, a Missouri Limited Liability Company, of the County of Scott, State of Missouri, Grantor, and Marvin Glyn Ferrell, and Kimberly K. Ferrell, Husband and Wife, of the County of Scott, State of Missouri, Grantees. GRANTEES' MAILING ADDRESS: P.O. Box 72, Benton, MO 63736. WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION paid by Grantees, the receipt of which is hereby acknowledged, do by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the Grantees, the following described real estate, situated in the County of Cape Girardeau and State of Missouri: A parcel of land located in U.S.P.S. No. 222 in Township 30 North, Range 13 East further described as follows: Start at the Southeast corner of fractional section 12; thence North 84 deg. 6' West 525.3 feet for a point of beginning; thence continue onward North 84 deg. 06' West 385.0 feet for a corner in the Northwest line of U.S.. Highway #61; thence North 49 deg. 14' East 249.1 feet for a corner; thence North 77 deg. 02' East 208.0 feet for a corner; thence South 1 o 55'58" West, 249.05 feet to the point of beginning. It is the intention of this warranty deed to convey those premises above described and which are the subject of an instrument entitled "DETERMINATION OF COMMON BOUNDARY" by and between Charles L. McBride and Doris E. McBride, his wife, and River City Mobile Homes, Inc., a Missouri corporation, and which is dated October 19, 1987. (Description furnished) TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging, unto the Grantees, and to the heirs, representatives and assigns of Grantees forever. The said Grantor hereby covenanting that its successors and assigns shall and will WARRANT AND DEFEND the title to the premises unto the Grantees and to the heirs, representatives and assigns of Grantees forever, against the lawful claims of all persons whomsoever, excepting, however, the general taxes for the calendar year 2014 and thereafter, and special taxes becoming a lien after the date of this deed. IN WITNESS WHEREOF, the undersigned has executed these presents this day of May, 2014. KKDT Ferrell Real Estate, LLC Karissa Williams, f/k/a Karissa K. Ferrell, Manager STATE OF MISSOURI ss. COUNTY OF SCOTT '#n this 'FO� day of May, 2014, before me personally appeared Kariss-ii, Williams, f/k/a Karissa K. Ferrell, to me known, who, being by me duly sworn, did say that she is the Manager of KKDT Ferrell Real Estate, LLC, a Missouri Limited Liability Company, and that said instrument was signed on behalf of said LLC, and that Karissa Williams, f/k/a Ka�issa K. Ferrell, acknowledged said instrument to be the free act and deed of said LLC. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officia[,$, seal in the County and State aforesaid, the day and year first above written. Notary Public - My Commission Expires: TEISHA N. LEDURE Notary Public, Notary seal State of Missouri Scott County Commission # 11906637 My Commission Expires July. 21, 2015 A41 joining_PrLc)perties 1) McBride Mack Sales, Inc. 10466 Brayfield Rd. Carbondale, IL 62901 2) Tractor Trailer Supply Company 2525 Natural Bridge St. Louis, MO 63107 3) South Kingshighway Investments, LLC. 2408 Terrie Hill Cape Girardeau, MO 63701 4) Snider Edward & Lurlyne L Trust 434 Lorraine Cape Girardeau, MO 63701 5) John A Heuer 1422 Parkmor Drive Cape Girardeau, MO 63701 �0 Ed 0 ti cn +A6.lD t m .® Ll a) 0 a) tQ CO C'7 r oocaods ��z e m Z Z Z Z Z o MOM 0 LL It � u www��' m 0 co ch Y Q 4 Q Q< ui s W 9 0 CL Ll. d. Q- a- N ICL , . Z C) r 4 o �ZW wZ= " 0 M 0 r N Z qq.V a0c) o o o 0 o Z N Z 0 Z p w Z Z Z Z Z Z :3 O 08_ LL Y Y Y Y Y D V)�i r o❑❑ O O a N ' ww w w w w O w w w w w w Z �� < 0QQZ¢ZZZZddZ - ZOCC�`l� Z 0 QQ44Q�C ui C J J J _! J w - ui w w w w w w ---ZZZZ.Z'Z Q W w w w w w w +A6.lD .® 1 3 ��z 1 MOM 0 LL It m 0 co ch i ,i ui s W 9 r ICL , . Z C) r 4 o �ZW wZ= r a0c) Z N Z 0 Z r z :3 O 08_ LL V)�i r �r i V_ r 1 o r o 1 1 �1 r + i 1 L09 *ON -3,9Vd - X07 'ON >009 3<31N99" ":q Gl�JOCJ V-1 S-DINVH� ,J,lN2WNO=4 X10 MON 90'6PP09 f% I *0460Y (m M99 Ogg 0 to to CIF) ED w uj WWLL < 0 ' c) (Y LL U3 (y v 1 i i CY) Cy ui LLJ < C) Cd C6 CC M 0 z F - :0 D CO CO z Li 01 D Cr- LIJ arm W cf) 3: z UJ c,/m R C—D 0 w< a 0 oF, 0 :3 w 0 U) cr. 0 0 C� 0 LL cf) 0 U. 0 w w �'- 1 L) / O w Z 0 UL D Cd LL 0 U) u w L—L D z < too O ago z z UJ uj I �'D (Y < C) LL Z IN Sec. 30336. - M-2, heavy manufacturing/industrial district. (a) (b) Purpose. This district is intended for heavy industrial uses and many other uses which are not otherwise provided for in the other industrial district. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts, whenever possible. Good accessibility should be provided to major rail, air facilities and highways. Permitted uses. (1) Manufacturing, fabrication, assembly, processing, or packaging of any commodity, except: facilities producing or processing explosives or flammable gases or liquids, animal slaughtering, meat packing, or rendering, sulphur plants, rubber reclamation plants, steel mills, foundries or smelters. (2) Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing and binding establishments. Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, and any business and sales offices accessory thereto. Bulk storage of flammable liquids for wholesale, subject to the provisions of the city and state fire codes. Central mixing plants for cement, asphalt, or paving material. The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, however, any bulk storage of extraction material or overburden, any processing or extraction machinery, and the open face of any cut, shall be at least twenty-five (25) feet from the property line. Heavy machinery and equipment sales, rental and service. Junk yards, scrap and salvage yards. Manufacturing and production of paving, roofing and other construction material, using asphalt or petroleum based coatings or preserving materials. Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and nonferrous metals. Recycling center. Vehicle fueling stations, including service, repair, body and fender repair, and paint shops. Wastewater and water treatment facilities. Terminals for trucks, buses, rail and watercraft. (c) Marina or dock. Permitted uses (accessory). (1) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use. Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Collection and transfer facilities for hazardous wastes, and solid wastes that contain hazardous substances from off-site sources. (2) Jails, prisons or detention facilities. (e) Telecommunication tower, as permitted in section 30-404, supplemental regulations. Excursion gambling boat or floating gambling facility, as permitted in section 30- 409, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) No junk yard, scrap, or salvage yard shall be located within five hundred (500) feet of any residential use. (3) Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) (2) (3) Maximum Height: Forty (40) feet, excluding silos, smoke stacks, and dust collection systems. Minimum Lot Area: None. (g) (h) (4) Minimum Lot Width: None. Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: None, except on a lot abutting a residential district or use there shall be a side yard of not less than twenty (20) feet on the side of the lot abutting the residential district or use. Maximum Building Coverage: None. Open space, landscaping and bufferyard requirements. (1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) (3) Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30335. - M-1, light manufacturing/industrial district. (a) (b) Purpose. This district is intended primarily for uses engaged in light manufacturing, assembly, fabrication, warehousing, wholesaling and retail trade, and service operations which conduct all activities within a building with no external impact or effect. This district is intended to serve as a transition between more intense industrial development and commercial, office, or multifamily residential development. Permitted uses (1) Light manufacturing facilities. (2) Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing, electrical, heating, plumbing and binding establishments. Health and fitness centers. Cemeteries. Commercial day cares. Funeral homes and mortuaries. Government buildings and uses, including police and fire stations. Heavy machinery and equipment sales, rental and service. Offices, administrative, business, finance and professional. Public and private parks, playgrounds, and golf courses, including miniature golf courses and driving ranges. Public service and public utility uses as follows: a. Wireless facilities. b. Water reservoirs, water standpipes, and elevated and ground -level water storage tanks. Industrial schools and business schools. Miniwarehouse or self -storage units. Residential treatment facilities. Television and radio studios including any transmitting facilities. Veterinary clinics, animal hospitals, and kennels. (17) (18) (19) (20) (21) (22) (23) (c) (d) Warehouses, storage and distribution centers. Vehicle fueling stations, including service, repair, body and fender repair, and paint shops. Recycling centers. Marina or dock. Transitional housing. Restaurants and bars. Retail, including vehicle sales. Permitted uses (accessory). (1) (2) (3) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use. Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Emergency shelters, transitional service shelters for fifty (50) or fewer residents. (2) (e) Single -wide or double -wide, manufactured home or manufactured business unit for office purposes only. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Excursion gambling boat or floating gambling facility, as permitted in section 30- 409, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (f) (g) (2) (3) (4) (5) All storage shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or adjoining property. Any outdoor storage shall be at least one hundred (100) feet from any residential zoning district or use. No building shall be used for residential purposes, except for a night watchman or a caretaker employed on the premises. Utilitarian areas such as loading docks, mechanical equipment, storage areas, mechanical and electrical equipment, and dumpsters shall be located in the rear or side yard of the building. Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) Maximum Height: Forty (40) feet excluding silos, smoke stacks, and dust collection systems. Minimum Lot Area: None. Minimum Lot Width: None. Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: None, except on a lot abutting a residential district there shall be a side yard of not less than ten (10) feet on the side of the lot abutting the residential district. Maximum Building Coverage: None. Open space, landscaping and bufferyard requirements. (1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT A public hearing to consider a request to rezone property at 902 South Kingshighway from M-2 (Heavy Manufacturing/Industrial District) to M-1 (Light Manufacturing/Industrial District). EXECUTIVE SUMMARY A public hearing has been scheduled for September 8, 2014 to consider a request to rezone property at 902 South Kingshighway. The first reading of an ordinance rezoning the property is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been filed to rezone the property at 902 South Kingshighway from M-2 (Heavy Manufacturing/Industrial District) to M-1 (Light Manufacturing/Industrial District). The immediately surrounding properties are zoned M-2 (Heavy Manufacturing/Industrial District) to the north, east, and south, and M-1 (Light Manufacturing/Industrial District) to the west. This area is characterized by light industrial uses and retail uses with outdoor sales. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as General Commercial. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The proposed zoning district is the same as properties to the west, across Kingshighway. Furthermore, the properties immediately adjacent to the subject property, although zoned M-2, contain light industrial uses and retail uses with outdoor sales, which are more appropriate for the M-1 district. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on the rezoning request at its August 13, 2014 regular meeting, and recommended approval with a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 17, 2014. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. ATTACHMENTS: Name: Description: 0 Staff Review -Referral -Action Form.pT 902 S Kingshighway - Staff RRA Form ❑ 902 S Kingshighway Zoning Map.pdf ❑ 902 S Kingshighway FLU_Map.pdf ❑ Application -902 South_ Kingshighway REZ.pdf ❑ M-2.pdf ❑ M-1.pdf 902 S Kingshighway- Zoning Map 902 S Kingshighway - FLU Map 902 S Kingshighway - Rezoning Application M-2 District Regulations M-1 District Regulations CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1307 LOCATION: 902 South Kinashiahivq-, City Attorney Date er Date Planning &Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: 08/13/14 RECOMMENDED A CTION.- Favor Oppose Abstain Fa2y Oppose Abstain Trae Bertrand 21, D J Ralph Maxton Ll Ll Larry Dowdy J J rp Scott McClanahan ❑ Ll J JeffGlennua(, Lj ❑ Doug Spooler Lj L3 Bill Hinckley J J Tom Welch Ll Ll Randy Kluge J Ll VOTE COUNT: Favor C Oppose Abstain City Council Action Posting Dates: Sign Newspaper —11—j' Public Hearing Date. - Ordinance I" Readin Ordinance 2"d & 3 rd Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE # Effective Date: Rezoning Request - 902 South Kingshighway Requested Rezoning: from M-2 (Heavy Manufacturing/Industriall) District to M1 84 M-1 (Light Manufacturing/Industrial) District. Future Land Use Recommendation: General Commercial M1 851M2 M1: �' ma M1 861 y t untq bbn Rd ` L ��eS�' ExPr�swaY- - Q,� Ak\gouthern R�P M1 k- 879 883 2121 24 2 aso M2 2115 M2 M2 M1 901 M2 M2 ypo M2 Legend Irl O 902 South Kingshighway V r Parcels i 910 Zoning District r M2 M1 S City of Cape Girardeau M2 „ Division of Planning Services 130 260 520 Fee GIS Data 0 R1 June 24, 2014 Vim Mi N W E S Rezoning Request - 902 South Kingshighway Requested Rezoning: from M-2 (Heavy Manufacturing/Industrial) District to M-1 (Light Manufacturing/Industrial) District. Future Land Use Recommendation: General Commercial MountAubu n R , d )r/ i•A / 900 City of Cape Girardeau Division of Planning Services GIS Data June 24, 2014 Southern Legend Q 902 South Kingshighway Parcels FLU Recommendation General Commercial High Density Residential - Light Industrial = Mixed Use REZONING / SPECIAL USE PERMIT APPLICATION r,: '�.'CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 sraL Property Address/Location 20a S - Applicant (including Contact Name) Property Owner of Record (if other than Applicant) SrEVISAI - b 1dq^)03ee?6 Sk Mailing Address City, State, Zip Mailing Address City, State, Zip 01/05 C000bM4V6^j S GfA U40 wra( Telephone Email Telephone Email 33f�. 33q3-- s 1<v(esak a - cj2 cL Type of Request: Rezoning, Special Use Permit, or Both (Attach additional owners information if necessary) AS 2. 0 IV /AJG Existing Zoning District Proposed Zoning District (Rezoning requests only) Legal description of property to be rezoned and/or upon which the special use is to be conducted A tract of land situated in Survey 173, Township 30 North, Range 12 East, in Cape Girardeau County, Missouri,* containing .968 acres, more or less,, Describe the proposed use of the property described as follows: Commence at the Southeast corner of Fraction Section 12 on the North line Of Survey 173, Township 30 North, Range 12 East- thence North 84* 061 West, along the north line of Survey 173, 245.0 feet; thence South 22* 151 West, 742.0 feet; thence North 67*, 00' West, 501.6 feet for the point of beginning; thence continue North 67* 001 West, 260.0 feet to the East right-of-way line of Highway 61; thence North 21'0 271 East, along said right-of-way line, 115.0 feet; thence North 81* 271 East,, 110.8 feet; thence South 67* 001 East, 164.0 feet; thence South 21* 271 West, . 173.0 feet to the - point of beginning. ;>brA,47-fAl., VEXICL-C- AC-Mli- JIIA-E-5 A -01"s OFFICE USE ONLY Date Received Planning & Zoning Commission Recommendation City Council Final Action Application continues on next page By Date Date C File Number zi " Rpvi.-;Pd R/R/2017 Special Use Criteria (Special Use Permit requests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS In addition to this application, the following items must be submitted: Application fee ($126.00 payable to City of Cape Girardeau) REQUIRED One (1) list of names and mailing addresses of adjoining property owners One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property One (1) full size site plan, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) One (1) reduced size (8-1/2" x 11") copy of the plat/survey (and site plan, if applicable) One (1) set of. Planned Development documents (Planned Development rezonings only) CERTIFICATIONS I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. I/we understand and acknowledge that in addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve (12) months of the approval date or the permit will become void, unless an extension has been granted. Ov&ner Signature Date Owner Signature Date I certify that I am an Agent authorized by the Property Owner(s) of Record to file this application on their behalf. Applicant Signature (if other than Owner) Date RPvi�pd R/R/7(117 & Adjoining PrQperfies (Steve) 1) Hunze Charles L Sr. Trust 722 North Florissant Road Ferguson, MO 63135 2) Tractor Trailer Supply Co. 2525 Natural Bridge St. Louis, MO 63107 3) Withers Broadcasting of Missouri LLC g 0 South Kingshighway Cape Girardeau, MO 63703 4) McBride Mack Sales, Inc. 10466 Brayfield Rd. Carbondale, IL 62901 Sec. 30336. - M-2, heavy manufacturing/industrial district. (a) (b) Purpose. This district is intended for heavy industrial uses and many other uses which are not otherwise provided for in the other industrial district. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts, whenever possible. Good accessibility should be provided to major rail, air facilities and highways. Permitted uses. (1) Manufacturing, fabrication, assembly, processing, or packaging of any commodity, except: facilities producing or processing explosives or flammable gases or liquids, animal slaughtering, meat packing, or rendering, sulphur plants, rubber reclamation plants, steel mills, foundries or smelters. (2) Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing and binding establishments. Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, and any business and sales offices accessory thereto. Bulk storage of flammable liquids for wholesale, subject to the provisions of the city and state fire codes. Central mixing plants for cement, asphalt, or paving material. The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, however, any bulk storage of extraction material or overburden, any processing or extraction machinery, and the open face of any cut, shall be at least twenty-five (25) feet from the property line. Heavy machinery and equipment sales, rental and service. Junk yards, scrap and salvage yards. Manufacturing and production of paving, roofing and other construction material, using asphalt or petroleum based coatings or preserving materials. Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and nonferrous metals. Recycling center. Vehicle fueling stations, including service, repair, body and fender repair, and paint shops. Wastewater and water treatment facilities. Terminals for trucks, buses, rail and watercraft. (c) Marina or dock. Permitted uses (accessory). (1) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use. Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Collection and transfer facilities for hazardous wastes, and solid wastes that contain hazardous substances from off-site sources. (2) Jails, prisons or detention facilities. (e) Telecommunication tower, as permitted in section 30-404, supplemental regulations. Excursion gambling boat or floating gambling facility, as permitted in section 30- 409, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) No junk yard, scrap, or salvage yard shall be located within five hundred (500) feet of any residential use. (3) Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) (2) (3) Maximum Height: Forty (40) feet, excluding silos, smoke stacks, and dust collection systems. Minimum Lot Area: None. (g) (h) (4) Minimum Lot Width: None. Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: None, except on a lot abutting a residential district or use there shall be a side yard of not less than twenty (20) feet on the side of the lot abutting the residential district or use. Maximum Building Coverage: None. Open space, landscaping and bufferyard requirements. (1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) (3) Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30335. - M-1, light manufacturing/industrial district. (a) (b) Purpose. This district is intended primarily for uses engaged in light manufacturing, assembly, fabrication, warehousing, wholesaling and retail trade, and service operations which conduct all activities within a building with no external impact or effect. This district is intended to serve as a transition between more intense industrial development and commercial, office, or multifamily residential development. Permitted uses (1) Light manufacturing facilities. (2) Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing, electrical, heating, plumbing and binding establishments. Health and fitness centers. Cemeteries. Commercial day cares. Funeral homes and mortuaries. Government buildings and uses, including police and fire stations. Heavy machinery and equipment sales, rental and service. Offices, administrative, business, finance and professional. Public and private parks, playgrounds, and golf courses, including miniature golf courses and driving ranges. Public service and public utility uses as follows: a. Wireless facilities. b. Water reservoirs, water standpipes, and elevated and ground -level water storage tanks. Industrial schools and business schools. Miniwarehouse or self -storage units. Residential treatment facilities. Television and radio studios including any transmitting facilities. Veterinary clinics, animal hospitals, and kennels. (17) (18) (19) (20) (21) (22) (23) (c) (d) Warehouses, storage and distribution centers. Vehicle fueling stations, including service, repair, body and fender repair, and paint shops. Recycling centers. Marina or dock. Transitional housing. Restaurants and bars. Retail, including vehicle sales. Permitted uses (accessory). (1) (2) (3) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use. Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Emergency shelters, transitional service shelters for fifty (50) or fewer residents. (2) (e) Single -wide or double -wide, manufactured home or manufactured business unit for office purposes only. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Excursion gambling boat or floating gambling facility, as permitted in section 30- 409, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (f) (g) (2) (3) (4) (5) All storage shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or adjoining property. Any outdoor storage shall be at least one hundred (100) feet from any residential zoning district or use. No building shall be used for residential purposes, except for a night watchman or a caretaker employed on the premises. Utilitarian areas such as loading docks, mechanical equipment, storage areas, mechanical and electrical equipment, and dumpsters shall be located in the rear or side yard of the building. Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) Maximum Height: Forty (40) feet excluding silos, smoke stacks, and dust collection systems. Minimum Lot Area: None. Minimum Lot Width: None. Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: None, except on a lot abutting a residential district there shall be a side yard of not less than ten (10) feet on the side of the lot abutting the residential district. Maximum Building Coverage: None. Open space, landscaping and bufferyard requirements. (1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT A public hearing to consider a request to rezone property at Silver Springs Road and Shamrock Circle from C-2 (Highway Commercial District) to R-4 (Medium Density Multifamily Residential District). EXECUTIVE SUMMARY A public hearing has been scheduled for September 8, 2014 to consider a request to rezone property at Silver Springs Road and Shamrock Circle. The first reading of an ordinance rezoning the property is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been submitted to rezone two lots at the northeast and southeast corners of Silver Springs Road and Shamrock Circle from C-2 (Highway Commercial) to R-4 (Medium Density Multifamily Residential). The immediately surrounding properties are zoned C-2 (Highway Commercial) to the north, south and west, and R-3 (High Density Single -Family Residential) to the east. This area is characterized by duplexes, multifamily residential and commercial uses. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as Mixed Use. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The R-4 district permits a maximum density of 18 units per 1 acre which, based on the lot sizes, could result in the development of up to 9 units on each lot. This density is higher than the adjacent R-3 zoned properties containing duplexes; therefore, rezoning the subject properties to R-4 would adversely affect the rights of the adjacent property owners and tenants. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended denial of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on the rezoning request at its August 13, 2014 regular meeting, and recommended approval with a vote of 7 in favor, 0 in opposition, and 1 abstaining. The Commission noted that although the adjacent properties are zoned R-3, there are several R-4 zoned properties in the vicinity of the subject lots. Additionally, no one spoke in opposition to the rezoning request. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 17, 2014. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. ATTACHMENTS: Name: ❑ Staff Review -Referral -Action Form.W ❑ Map - Aerial_ Reguested_R-4.1df ❑ Map - FLU - Request R-4.pdf ❑ Application - Rezoning to R-4.pdf ❑ C-2.pdf ❑ R-4.pdf Description: Silver Springs & Shamrock - Staff RRA Form Silver Springs & Shamrock - Zoning Map Silver Springs & Shamrock - FLU Map Silver Springs & Shamrock - Rezoning Application C-2 District Regulations R-4 District Regulations CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1310 LOCATION: Silver SDrinas Rd. & Shamrock Circle STAFFREVIEW& COMMENTS: Gary Arnold has requested to rezone two lots at the intersection of Silver Springs Road and Shamrock Circle from the C-2 (Highway Commercial) District to the R-4 (Medium Density Multi -family Residential) District. SEE STAFF REPORT FOR FURTHER INFORMATION 557 IMF 712 City Planner Date City Attorney 12,011 / Dafe CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: y Manager Date Planning &Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: 08/13/14 RECOMMENDED ACTION. Favor Oppose Abstain Favor Oppose Abstain Trae Bertrand L�]` Lj LlRalph Maxton Ef L) Lj Larry Dowdy U Lj �al_ Scott McClanahan ❑ Ll Lj Jeff Glenn Er U Lj Doug Spooler La La Bill Hinckley Ll J Tom Welch Lj Ll Randy Kluge 0 Ll Ll VOTE COUNT: Favor Oppose Abstain C"Ifur'MTS. City CouncilAction Public Hearing Date: 6_1� _(7 Posting Dates: Sign Newspaper Ordinance I" ReadingL_ Ordinance 2'd & 3rd Reading: _771 _ It -t - VOTE COUNT: Favor Opposei *RDINANCE # Effective Date - Rezoning Request - Silver Springs Road & Shamrock Circle R4 R4 Wister9Dr 606 R4 3001 ft� R4 R4 0 602 C m Requested Rezoning: from C-2 (Highway Commercial) District to (Medium Density Multi -family Residential) Disti Future Land Use Recommendation: Mixed Use R1 R4 -.\ Spruce St 530 =Err 549 549 49 / 549 j 1 r i. 1 �- 2966 R3, I C2 549 C2 549 549 2970 549 2980 2978" 2968 � 525 522 OW i R4 C2 3001 517 CO L R4 i C \ r 1� > • rt c� ., R4 C2 ` R4 RI" ,R4. N C2 W E S 0 65 130 Shamrock Circle 2960 ►�r R3 2962 2981 2979 2971 2969 296�,5�..� C2 - R3 �� R3 d 49916-11k Cal � is Si City of Cape Girardeau Division of Planning Services 260 Fee C2 GIS Data c July 25, 2014 se / R41 R4 Legend ® Area to be Rezoned nParcels Zoning District C2 E R3 d ,e, 137 R4 I Wisteria Dr 3001 Ip a 0 0 3 x 0 m 3001 522 3002 3001 Rezoning Request - Silver Springs Road & Shamrock Circle Future Land Use Recommendation Requested Rezoning: sos from C-2 (Highway Commercial) District to R-4 Medium Density Multi -family Residential) District. Future Land Use Recommendation: Mixed Use [dly,I 602 530 526 65 130 � r l Spruce S� Shamrock Circle rhe � m;s Sj 147 1 1 2861 City of Cape Girardeau Division of Planning Servic 260 Feet GIS Data July 25, 2014 r�rm 2971 2969 2965 Legend ® Area to be Rezoned Parcels FLU Recommendation - General Commercial 0 High Density Residential - Institutional - Low Density Residential - Mixed Use - Parks and Recreation A A PC ;P/Ojo ::D CCAC Ag a 4000,49 u P Es E,J�� d,� /� � �'�o,��,J� •4��ie.��o.J 4 &—eoAje Z,9 /,S- 11,9 7 ��Z C'2� IV491,41 C �� Ulf—��.�- A�49--alcvl //Zoeg�7 ;eel -e 2�6111w� /Oom oo' 4- L"17 7ZO LOI%l 71—a C".f ��I =.MOND I' 000,007 If fi RE Ciro DIVII NINU 0 DATE By G!ItA* R* E2ZO11 V N "ING I SPECIAL USE PERMIT APPLICATION 1 7v - A CA I R r% EAU --U 0CITY Of C FL U KA DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Location Applicant (including Contact Name) nr of Record (if other than Applicant) Mailing Address City, State, Zip Mailing Address City, State, Zip 6, Cl 1- P 6 Telephone Email 6 -76 Telephone Email Type of Request: Rezoning, Special Use Permit, or Both (Attach additional owners information if necessary) ntz Existing Zoning District Proposed Zoning District (Rezoning requests only) Legal description of property ta be rezoned and/or upon which the special use is to be conducted 0,0 74 IA�& C) t,-) L 0 6e t Describe the proposed use of the property 4z -5 - A C-2 Application continues on next page OFFICE USE ONLY Date Received Its- / I i By File Number Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 8/8/2012 Special Use Criteria (Special Use Permit reqUests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONALITEM S In addition to this application, the following items must be submitted: REQUIRED Application fee ($126.00 payable to City of Cape Girardeau) One (1) list of names and mailing addresses of adjoining property owners One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property One (1) full size site plan, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) One (1) reduced size (8-1/2" x 11") copy of the plat/survey (and site plan, if applicable) One (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. Ilwe understand and acknowledge that in addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve (12) months of the approval date or the permit will become void, unless an extension has been granted. I certify that I am an Agent authorized by the Property Owner(s) of Record to file this application on their behalf. Applicant Signature (if other than Owner) Date Revised 8/8/2012 1,J G Cod rS'i`v6oe ��2tA1G5 g OP, 17l OW /J E2 : A .r _ t�d,e v &///j 2 c 3-3 A AR •1 P4 e,J /.s .Zwc, �Jl lac- 'A( ,qxvc�.v XV0 E.D c e4p/"f i t s �l M �R � s► .� �,a n ��v E Its' �Zo /�e 770 i vER �3�D3 go c PIZ, oF, eg OP.' oAr ,4M'Rvc,c' Cst�e/E _ ISec. 30334. - C-2, highway commercial district. (a) Purpose. The highway commercial district [C-2] is established to provide primarily for automobile-dependent uses in areas which are not amenable to easy pedestrian access and a comfortable pedestrian environment. This district is intended for commercial uses which depend upon high visibility, general high traffic volumes, or cater to the traveling public. It is expected that the highway commercial district will not only serve the City of Cape Girardeau, but interstate and intrastate travelers as well. These characteristics dictate that these districts be located along or at the intersections of arterial classification streets or along frontage roads adjacent to an interstate highway or other limited access roads. Because of the scale and access requirements of the uses in this category, they are generally associated with, or located along major transportation routes. (b) Permitted uses. (1) Vehicle fueling station, including service and repair. (2) Restaurants and bars, including drive-thru. (3) Hotels. (4) Public parks, playgrounds and recreational facilities. (5) Office, administrative, business, finance and professional. (6) Retail, including vehicle sales. (7) Health and fitness centers. (8) Funeral homes and moratoriums. (9) Medical facilities. (10) Police and fire stations. (11) Private institutions of higher education, (12) Nursing homes, senior citizen housing or retirement homes. (13) Commercial day cares. (14) Microbrewery. (15) Miniwarehouse or self-storage units. (16) Theaters. (17) Warehouses. (18) Banks and financial institutions, including drive-thru. (19) Veterinary clinics, animal hospitals and kennels. Residential treatment facilities. Transitional housing. Permitted uses (accessory). (1) Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Helicopter landing pad, heliport or other landing area in relationship with medical facilities. Solar energy systems, as permitted in section 30-410, supplemental regulations. Outdoor storage of materials that are for sale. Special uses. (1) Automobile washing businesses, including automatic, coin-operated, moving - line facilities. (2) (e) The allowance of additional height, not to exceed a total of one hundred (100) feet, as long as additional height does not adversely affect surrounding neighborhood. Campground facilities and travel trailer parks. Commercial amusement park. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback requirements. (1) Maximum Height: Five (5) stories not to exceed sixty (60) feet. Buildings can exceed the maximum height and stories in the C-2 district upon a special use permit being granted. Minimum Lot Area: None. Minimum Lot Width: None. Maximum Density. None. (f) (g) (h) (6) Minimum Yard Requirements: a. D C. Front yard: Twenty-five (25) feet. Rear yard: None, except twenty-five (25) feet when abutting a residential district. Side yard: No side yard requirement for nonresidential buildings except that on a lot abutting a residential district there shall be a side yard of not less than twenty-five (25) feet on the side of the lot abutting the residential district. Maximum Building Coverage, including accessory buildings: Eighty (80) percent of the lot. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) All off-street parking lots and vehicular use areas shall be screened from all residential uses in accordance with chapter 25 of the City Code. (3) (4) Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters shall be located at the rear or side of the building and properly screened, as required in chapter 25 of the City Code. Lighting shall be designed to reflect away from any adjacent residential area, in accordance with chapter 25 of the City Code. Open space, landscaping and bufferyard requirements. (1) Open space: No minimum percentage required. (2) Landscaping shall be provided as required in chapter 25 of the City Code. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning district. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) Sec. 30325. - R-4, medium density multifamily residential district. (a) (b) Purpose. This district is intended to accommodate multifamily residential developments at maximum densities of up to eighteen (18) units per acre. New single-family detached dwellings are not permitted in order to ensure that vacant land set aside for multifamily development is not preempted by less intensive development. Certain other structures and uses necessary to serve governmental, educational, institutional, commercial and recreational uses are allowed. Permitted uses. (1) Multifamily dwellings. (2) Townhouses. (3) Cluster subdivisions, as permitted in chapter 25 of the City Code. Nursing homes, senior citizen housing and retirement homes. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary, middle and secondary schools, or development centers for elementary, middle and secondary school age children with handicaps or development disabilities, on a minimum of five (5) acres. Commercial day care. Permitted uses (accessory). (1) (2) Private garages, carports and accessory buildings, as permitted in section 30- 403, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Bed and breakfasts. (2) Cemeteries, on a minimum of ten (10) acres of land. (3) Transitional housing. (4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations. (5) Residential treatment facilities. (6) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (e) Height, area, bulk and setback regulations. (1) Maximum Height: Five (5) stories not to exceed sixty (60) feet. (2) Minimum Lot Area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. All other uses: Three thousand seven hundred fifty (3,750) square feet. (3) Maximum Density. Eighteen (18) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted by chapter 25 of the City Code. (4) Minimum Lot Width: a. Each townhouse: Twenty (20) feet. b. All other uses: None. (5) Minimum Yard Requirements: a. Front yard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty-five (25) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty-five (25) feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five (5) feet. (6) Maximum Building Coverage, including accessory building: Fifty (50) percent of the lot for all uses except townhouses. (f) (g) Open space, landscaping and bufferyard requirements. For any multifamily residential uses or nonresidential uses: (1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) (3) Landscaping shall be provided as required in chapter 25 of the City Code. A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) Staff: Bruce Taylor, Deputy City Clerk Agenda: 9/8/2014 SUBJECT Approval of the August 18, 2014, City Council regular session and closed session meeting minutes. ATTACHMENTS: Name: ❑ 8-18-14 Minutes Regular Session.ldf Description: August 18, 2014 Regular Session Minutes REGULAR SESSION—August 18, 2014 CLOSED SESSION Legal actions and litigation, confidential communications with legal counsel, and property acquisition, pursuantto RSMo. Sections 610.021 (1) and (2). INVOCATION Reverend Kim Nelson, First Presbyterian Church in Cape Girardeau PLEDGE OF ALLEGIANCE CALL TO ORDER The Cape Girardeau City Council convened in regular session on Monday, August 18, 2014, at 7:00 p.m. with Mayor Harry Rediger presiding and Council Members Wayne Bowen, Victor Gunn, Mark Lanzotti, Shelly Moore, Loretta Schneider, and Joseph Uzoaru present. ADOPTION OF THE AGENDA Agenda amended to remove item 8, an Ordinance amending speed limits on Kingshighway. A Motion was made by Mark Lanzotti, Seconded by Loretta Schneider to approve as amended. Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru . Council Member Shelly Moore reported that the Neighborhood Development Initiative Kick-off meeting on Saturday, August 16th was well received with City Officials and interested citizens building rapport. Approximately thirty-five people attended the meeting at Shawnee Center. Mayor Harry Rediger stated thathe attended the ribbon cutting of the Fitzone located at the Trail Head off of East Rodney at Cape LaCroix Creek adjacent to the Tennis and Volleyball courts. The Fitzone equipment, parking lot, and plantings are outstanding and very professionally installed. Mr. Rediger congratulated the Staff on a successful project. He also mentioned that this is one of the smaller casino funds enhancement projects. Council Member Wayne Bowen reminded the audience that Coffee with Cops is this Wednesday morning at the BP station on North Kingshighway. City Manager Scott Meyer announced that the City Council Meeting in September will be on the second and fourth Mondays, which are on the 8th and the 22nd. The schedule change is due to the Labor Day Holiday and the Missouri Municipal League Conference. Council Members Mark Lanzotti and Victor Gunn both stated that they will be unable to attend the September 22nd meeting. APPEARANCES None. CONSENT AGENDA Approval of the August 4, 2014, City Council regular session and August 12, 2014 special session meeting minutes. BILL NO. 14-116, an Ordinance authorizing the Mayor to execute a Quit Claim Deed to Midamerica Hotels Corporation for property located on Veterans Memorial Drive, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-118, an Ordinance amending Schedule C of Section 26-121 of the City Code, by amending stop signs at the intersection of Maple Street and Ranney Avenue, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 14-119, An Ordinance providing for the levying of the annual City revenue tax; public health tax; Special Business District No. 2 tax; for the fiscal year ending on the 30th day of June, 2015. Second and Third Readings. BILL NO. 14-120, an Ordinance updating and readopting Sections 2-76 to 2-83 of the City Code relating to conflicts of interest. Second and Third Readings. BILL NO. 14-122, an Ordinance authorizing the City Manager to execute a State Block Grant Agreement with the Missouri Highways and Transportation Commission to fund the construction and construction services to restripe the airfield pavements at the Cape Girardeau Regional Airport. Second and Third Readings. Main Street Overlay Accept Improvements and Authorize Final Payment BILL NO. 14-116 will be Ordinance 4609; BILL NO. 14-118 will be Ordinance 4610; BILL NO. 14-119 will be Ordinance 4611; BILL NO. 14- 120 will be 4612; and 14-122 will be Ordinance 4613. A Motion was made by Wayne Bowen, Seconded by Joseph Uzoaru to approve. Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru . NEW ORDINANCES BILL NO. 14-123, an Ordinance amending Traffic Schedule A of Section 26-228 of the City Code, by amending speed limits on Kingshighway, in the City of Cape Girardeau, Missouri. First Reading. BILL NO. 14-124, an Ordinance accepting a Temporary Roadway Easement from Crisp Realty Co., Inc. for property located in the Greater Cape Girardeau Business Park, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Mark Lanzotti, Seconded by Loretta Schneider to approve Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoam . BILL NO. 14-125, an Ordinance approving the record plat of Mocarrico Subdivision. First Reading. A Motion was made by Loretta Schneider, Seconded by Mark Lanzotti to approve. Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoam . BILL NO. 14-126, an Ordinance approving the record plat of Pacific Rim Addition. First Reading. A Motion was made by Wayne Bowen, Seconded by Mark Lanzotti to approve. Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoam . APPOINTMENTS Appointments to the Airport Advisory Board A motion was made by Mark Lanzotti to appoint Mark Welker to the Airport Advisory Board. Motion failed for lack of second. There being no further business, the meeting was ended at 7:19 p.m. A Motion was made by Mark Lanzotti, Seconded by Joseph Uzoaru to adjourn. Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoam . Harry E. Rediger, Mayor Gayle L. Conrad, City Clerk Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT An Ordinance accepting a Temporary Roadway Easement from Crisp Realty Co., Inc. for property located in the Greater Cape Girardeau Business Park, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance accepts a Temporary Roadway Easement in order to construct and maintain a temporary turnaround at the end of Business Park Place in the Greater Cape Girardeau Business Park. BACKGROUND/DISCUSSION In May of 2014, the City sold a 17.80 acre parcel in the Greater Cape Girardeau Business Park to Crisp Realty Co., Inc. for the proposed Pepsi development. The plans for the first phase of the business park show a temporary turnaround at the end of Business Park Place, which fronts the Crisp Realty parcel. The temporary turnaround will allow vehicles traveling Business Park Place to turn around without having to drive off the street or through Pepsi's parking lot. The turnaround is to remain in place until such time Business Park Place is extended. A portion of the temporary turnaround is on the Crisp Realty parcel, therefore a Temporary Roadway Easement has been prepared by City staff and executed by Crisp Realty Co., Inc. The easement must now be accepted by the City Council. The easement document and sketch are attached. FINANCIAL IMPACT Crisp Realty Co., Inc. has donated the easement. The financial impact is minimal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS The easement is necessary in order to construct and maintain the portion of the temporary turnaround that will be on the Crisp Realty parcel. STAFF RECOMMENDATION Staff recommends approval of the ordinance accepting the Temporary Roadway Easement. ATTACHMENTS Name: Description: ❑ Crisp Realty - Business Park Easement 2014.doc Crisp Realth Roadway Ease Ord ❑ Temp Roadway Easement - Crisp Realty Cc Inc (executed)pdTemporary Roadway Easement - Crisp Realty Cc ❑ Temporary Roadway Easement_Sketch.pdf Temp Roadway Easement Sketch BILL NO. 14-124 ORDINANCE NO. AN ORDINANCE ACCEPTING A TEMPORARY ROADWAY EASEMENT FROM CRISP REALTY CO., INC., FOR PROPERTY LOCATED IN THE GREATER CAPE GIRARDEAU BUSINESS PARK, 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 a Temporary Roadway Easement from Crisp Realty Co., Inc., conveying to the City of Cape Girardeau, Missouri, an easement for property located in the Greater Cape Girardeau Business Park, in the City of Cape Girardeau, Missouri, described as follows: A PART OF UNITED STATES PRIVATE SURVEY NO. 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF A TRACT OF LAND RECORDED IN DOCUMENT NO. 2014-05168 OF THE LAND RECORDS OF THE CAPE GIRARDEAU COUNTY RECORDER'S OFFICE; THENCE ALONG THE WEST LINE OF SAID TRACT THE FOLLOWING COURSES AND DISTANCES: SAID POINT BEING AT THE BEGINNING OF A NON - TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 320.00 FEET AND A CENTRAL ANGLE OF 070 58' 59" AND FROM WHICH POINT A RADIAL LINE BEARS S 760 10' 48" E; THENCE IN A SOUTHERLY DIRECTION ALONG SAID CURVE 44.59 FEET; THENCE S 050 50' 13" W, 220.75 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 470.00 FEET AND A CENTRAL OF 280 12' 24"; THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID CURVE 231.38 FEET TO THE POINT OF BEGINNING; THENCE N 670 37' 49" E, 55.08 FEET; THENCE S 430 26' 12" E, 183.91 FEET; THENCE S 460 33' 49" W, 1 82. 81 FEET TO THE WEST LINE OF THE AFORESAID TRACT RECORDED IN DOCUMENT NO. 2014-05168; THENCE N 430 26' 11" W, 34.77 FEET ALONG SAID WEST LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 470.00 FEET AND A CENTRAL ANGLE OF 210 04' 01"; THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE 172.81 FEET TO THE POINT OF BEGINNING, CONTAINING 14,616.35 SQUARE FEET, 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 KNOW ALL PERSONS BY THESE PRESENTS: CRISP REALTY CO., INC., a Missouri Corporation, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, does hereby grant, bargain, sell and convey to the CITE' OF CAPE GIRARDEAU, MISSOURI, a Municipal Corporation, hereinafter called the City, the right to build, construct, keep and maintain a roadway over and upon the fallowing described property, which is solely owned by the undersigned, located in the City and County of Cape Girardeau, Missouri, to -wit: A PART OF UNITED STATES PRIVATE SURVEY NO. 790, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF A TRACT OF LAND RECORDED IN DOCUMENT NO. 2014-05168 OF THE LAND RECORDS OF THE CAPE GIRARDEAU COUNTY RECORDER'S OFFICE; THENCE ALONG THE WEST LINE OF SAID TRACT THE FOLLOWING COURSES AND DISTANCES: SAID POINT BEING AT THE BEGINNING OF A NON -TANGENT CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 320.00 FEET AND A CENTRAL ANGLE OF 07° 58' 59" AND FROM WHICH POINT A RADIAL LINE BEARS S 760 10' 48" E; THENCE IN A SOUTHERLY DIRECTION ALONG SAID CURVE 44.59 FEET; THENCE S 05' 50' 13" W, 220.75 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 470.00 FEET AND A CENTRAL OF 28' 12' 24", THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID CURVE 231.38 FEET TO THE POINT OF BEGINNING; THENCE N 67 ° 37' 49" E, 55.08 FEET; THENCE S 43 ° 26' 12" E, 183.91 FEET; THENCE S 46' 33' 49" W, 82.81 FEET TO THE WEST LINE OF THE AFORESAID TRACT RECORDED IN DOCUMENT NO, 2014-05168; THENCE N 43 ° 26' 11" W, 34.77 FEET ALONG SAID WEST LINE TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 470.00 FEET AND A CENTRAL ANGLE OF 210 04' 01"; THENCE IN A NORTHWESTERLY DIRECTION ALONG SAID CURVE 172.81 FEET TO THE POINT OF BEGINNING, CONTAINING 14,616.35 SQUARE FEET, MORE OR LESS. Said City shall have the right at all times to go upon the land herein described to construct, maintain and repair the said roadway and any appurtenances associated therewith as may be necessary. This Easement is hereby dedicated for street purposes as a temporary cul-de-sac provided, however, that if the public streets are extended through and beyond said easement, then said temporary cul-de-sac shall terminate and ownership in fee shall revert to the owner of the abutting property. The undersigned covenants that it is the owner in fee simple of the above described property and has the legal right to convey same. IN WITNE S REOF, the undersigned has executed this easement this day of ��, 2014. STATE OF l S COUNTY OF W��I WY)S� CRISP REALTY CO., INC. By: G/- Jol ams, President ss. BE IT REMEMBERED, that on this 1st day of AvkctLkSt 2014, before me, the undersigned notary public, personally appeared John R s, who being by me duly sworn, did state that he is the President of Crisp Realty Co., hrc., a Missouri Corporation, and that the within instrument was executed on behalf of said Crisp Realty Co., Inc., and acknowledged that he has executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the date last above written. 49PLub is My Commission Expires: Y1 ��_ptO�g soFFIC1ALSEML KppENL. STA ENO RLINOIS No1Aco PUBLIC, Niy Comm. Ex 1res April 17, 2018 LINE DIMENSION TABLE NO. BEARING DISTANCE 1 N5T3T49'E 55.08' 2 N 43' 28' 11' W M.77'— CURVE 4.77 CURVE DIMENSION TABLE SKETCH PLAT I `"• 87PASlWE TEMPORARY ROADWAY EASEMENT I I Fii 4B'E\ I \ y11 \ \ \ U.S.P.S. 790, T 31 N, R 13 E CITY AND COUNTY OF CAPE GIRARDEAU,. j j I NORfHWESTCORNER, \ \ STATE OF MISSOURI • DOCUMENT NO. 201&0153 \ \ \ \ I I i I I i I I i I t5 I I 1 i I i •I � •1 NOW OR FORMERLY 1 CRISP REALTY COMPANY DOCUMENT NO.2O14-MbB `\ P.O.B. (FU, �&; LA , 1, \ ; GREATER CAPE GIRARDEAU BUSINESS PARK) NO. RADIUS DELTA LENGTH TANGENT CHORD BEARING 1 470.00' 21' 04' 01' 172.81' 81.38' 1711W N 3T 54' 11' W 2 =.W OT 5559' 44.59' U.M. 44.55 N OP 49' 43' E 3 47DAP 28' 12' 24' 231.33' 118.08' 229.05 S 08' 15' 58' E GRAPHIC SCALE 04 50' 100• 150' 200' r. I01 Z\ % { '•\ ��\ r$ Md� JOB NO. $4 JUNE 12 ,2014 JUNE 12,2014 FILE SKETCHOGN ''\ A CAKE S14034.AP OWN BY JAR (.1\ CHO BY CCK '\ SCALE 1"=5P \ \ TEMPORARY ROADWAY EASEMENT '�\ ,\ '•� SHEET NO. ` ` 1 Of 1 Qa' O LU o Q F- OZ _ Y Of WLU OOd LU co W ¢LU 0a�U O W IX U) LL LU EL W w Z\ % { '•\ ��\ r$ Md� JOB NO. $4 JUNE 12 ,2014 JUNE 12,2014 FILE SKETCHOGN ''\ A CAKE S14034.AP OWN BY JAR (.1\ CHO BY CCK '\ SCALE 1"=5P \ \ TEMPORARY ROADWAY EASEMENT '�\ ,\ '•� SHEET NO. ` ` 1 Of 1 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT An Ordinance approving the record plat of Mocarrico Subdivision. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Mocarrico Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Mocarrico Subdivision, located at 402 South Kingshighway. The subdivision is zoned M-1 (Light Manufacturing/Industrial). The plat combines two lots. The required 10 foot wide utility easement is shown adjacent to each front lot line. An electric line easement is proposed to be eliminated. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat with corrections. A corrected plat was submitted prior to the meeting, and a staff report addendum was issued recommending approval of the corrected plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its August 13, 2014 regular meeting, recommended approval of the corrected record plat with a vote of 7 in favor, 0 in opposition, and 1 abstaining. ATTACHMENTS: Name: ❑ Mocarrico Subd Plat.doc ❑ Map - Mocarrico Subdivision. pdf ❑ Application - Mocarrico Subdivision.pdf ❑ Steven Carrico 2014-115-RECORDPLAT FINAL 20140812b.pdf ❑ Staff Review -Referral -Action Form.W Description: Mocarrico Plat Ord Mocarrico Subdivision - Map Mocarrico Subdivision - Application Mocarrico Subdivision - Record Plat Mocarrico Subdivision - Staff RRA Form BILL NO. 14-125 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF MOCARRICO SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI. AS FOLLOWS: ARTICLE 1. The record plat of Mocarrico Subdivision, a subdivision being part of Lot 1 of the Rodney 400 Arpen tract in Survey 2199, Township 30 North, Range 13 East, in the City and County of Cape Girardeau, Missouri, submitted by Alliance Bank, bearing the certification of Larry R. Dowdy, a Registered Land Surveyor, dated August 12, 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 Mocarrico Subdivision Record Plat J" r oomfield- Bl comfiel .r • • � ' � w 2327- • :A 406 r J 408 �t t , i!! 412 y1 I N W + E S 1 inch = 83e City of Cape Girardeau Division of Planning Services GIS Data July 29, 2014 f .2321 1 402 .406 � U L N � 408 U r� 414 411 � Legend •• E.:IMocarrico Subdivision Parcels ee: Es�ri, Ri ital(90 e, GeoElye, _ Lot Line JETS'�Arb''u DS, USDA, USGS, A rissto.po, and the GIS User Comm a 'A SUBDIASION LAT APPLICATION Or GIRARDEAU �, 0 ', INDEPENDENCE CAPE. .' Al �.„ M D . O "� 3 ..DEVELOfMEW SERVICES c DEPARTMENT, MOCARRICO SUBDIVISION APA �.IC MOCAa w N 'ailing Address fE f statet ZIP -132 10,929 Page Ave St Loulls, MO 63 Telephone Email 314-580-4096 ; ': *�w000ko. 1-0-0-0-M-0 - ---------- .dli , CarricoSteven Type of Plot (Preffminarf,Rewrd., 30uncafY RECORD •s Ap Alliance ,w 31itit' �. ,s nk Mailing Address 217 M Kingshigh-Way Cape Girardeau, MO 63702 Telephone f M.- all 673-334-1010 hlosser@altlanceb-ankjng-00M (Attach -additionat owners information if neceSSOTY) Lam DowdyCPM Zip Construction - Williams, r= i City., State, Zcitwsta. IN .wweam�+.r..w:+F++ss»aa....... • .:xo�+.«--»' -.....,,.;rsoat-:,..,....,:...e.:+K"•,*.....T.....w....+ae..,..Y.........:.rt ... 6256 g $ . u.6701 Hague 2323 Per"Ifle . .... " Telephony 53-2 � o. 7 2y h n x nx ADDITIONAL ITEMS In ddt o to thisapplication, the Ii ri Mems must e s icom � Y Review Fee (payable to City of CapeGrr: REQUIRED X Single -Family - nd Two-Famlly Residential $13.00 per lot J$90.00 minimum) M_ultl Familly Restidentlat $ x per dwelling unit ($90.00 minim, is Y .. Non* d tfa1 $x.8,00 per J 9% i i cor m; Fee Deposit (payable-to-CIW of Cape Girardeau -Record Plat or Boundary Adjustment only) "� x 24:0 sheet size ?` x 360 sheet sive69 (The City reserws the right to issue a partiW refund or collect ct i i n f if the actU01 f recording cost difrsfrm the deposit arnount I/ r s the plat(Preliminary Plat o and r Adjustment only) t . Four full size - 1 , the, ploy Record, Plat only) 11 One I reduced size - W the lat CEIMPKATION certify that I am the Property Owner of -Record,. r an Agent authodized by authorthe Property owner to. file thfs a lfcat on on their behalf,, I understand and acknowledge t any pudic i mprovernefts depicted o the plat shall be completed, or ars escrow agreement exetuted,, prior to City Council's acceptance of the record plat, Za 1 Applicant SignatureDate .OFFICE USE ONLY Wit Received dileNvff�ber Planning na Com.rnlssion Recomm i to City Co=dl Find Action Date revised ./.012 1' = 40' GRAPHIC SCALE 0 20 40 80 SYMBOLS LEGEND 1. 0 = 1/2" IRON RODS (FND). 2. A = AXLES (FND). 3. ♦ = COTTON PICKER SPINDLE (FND). a� 0 ��e �xA 0 o s� �A%Q / O O V= V- � Akio II 5+00 N O �� 3h � O V- N6g 6&9, 11 3 ti a, 0 O NIn + ^C 1 M 0)'� � Northwest (Book Found 1 pageOrn e40 b O 1/2 Ir° ti n Rod) STA: 1149+06.50 �/I 579'23'00"E OFFSET: 95.00 L / I 120,00' 10.0 //t / I 4.0' I 'I 4 'J W W Cu /J0 IY 3Z /I w Q _� �" -H WEu ' N ti co Z Q Waf '11 /A LJ 4 o z C6 o a' l I ° rn Q) /I oa N M � ca /J'/o lm V - to b W 00 + /25.0L ST95.01 / 42 _ A: IIl�Fc-1+(!a N Br -Fr N 79*39'12" W Building (North Basis) 0(N/F- 0 Richard & Marilyn Oi (Doc. No. PPO/d) 2014-03522) VICINITY MAP A�aPARK i w NTS NOTES 0 I I I I I Nu I NU I 3 I r\ r\ �e�e� F AutoZone _o I (BOpK 1 X35 en t Corp) I PACE 463) S 79 -2=29 20' �L0 C^ Q Ca O Q' ° 0 C O O • N � o Z z U 0 0 I�? F0UNDSO Offset I I I 10.0' V t cu u Q w CIO�r' I o F V oV Z 1" I i 3 �u I I� I '25.07 / V / 0 249.72'' (Book2S1EaSMent , Page 037) (Doc(NNo• Bill iser) 2013-002,35) ZONING AND BUILDING SETBACKS ZONING M-1, LIGHT MANUFACTURING/INDUSTRIAL FRONT = 25', REAR = 25' NO SIDE SETBACK REQUIRED EXCEPT IF ABUTTING RESIDENTIAL PROPERTY LOT NOTES TOTAL NUMBER OF LOTS LARGEST LOT SIZE = 49,111 SQ. FEET (1.127 ACRES) SMALLEST LOT SIZE = 49,111 SQ. FEET (1.127 ACRES) DEVELOPERS CPM CONSTRUCTION, JERRY WILLAIMS, PRESIDENT 10053 N. HAGUE RD. INDIANAPOLIS, IN 46256 (317) 842-8040 SUBDIVISION APPLICANT CORD A. POLEN, PRESIDENT & CEO ALLIANCE BANK P.O. BOX 1458 CAPE GIRARDEAU, MISSOURI 63702 LARRY D. DOWDY SURVEYING LICENSED IN MISSOURI & ILLINOIS LARRY D. DOWDY, PLS (MO & IL), MATT DEJOURNETT, LSIT RECORD PLAT OF: MOCARRICO SUBDIVISION A PART OF LOT 1 OF THE RODNEY 400 ARPEN TRACT IN SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI SUBDIVISION DEDICATION THE UNDERSIGNED, OWNERS IN FEE, OF A PART OF LOT 01 OF RODNEY 400 ARPEN SUBDIVISION IN BEING IN SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST IN THE CITY OF CAPE GIRARDEAU IN CAPE GIRARDEAU COUNTY, MISSOURI 1.127 ACRES (MORE OR LESS), DESCRIBED AS FOLLOWS: COMMENCE at the northeast corner of Out Lot 86 of said Survey 2199 (axle); thence N 83'22'18" W along the North Line of said Out Lot 86, 605.47 feet to a point in the West Right of Way Line of Commercial Street; thence N 10'27'47" E along said West Right of Way Line, 1331.89 feet for the POINT OF BEGINNING: thence leaving said West Right of Way Line going N 79'39'12" W, 249.72 feet to a point in the East Right of Way Line of South Kingshighway; thence N 10'37'00" E along said East Right of Way Line, 200.11 feet; thence leaving said East Right of Way Line going S 79'23'00" E, 120.00 feet; thence S 10'37'00" W, 5.10 feet; thence S 79'22'37" E, 129.20 feet to a point in the West Right of Way Line of Commercial Street; thence S 10'27'47" W along said West Right of Way Line, 193.82 feet to the POINT OF BEGINNING, hereby declare we have caused these presents to be subdivided into one (1) lot as numbered and designated on the annexed plat, which is a true and correct representation of said subdivision, and we have named said Subdivision 'MOCARRICO SUBDIVISION", subject to all existing easements, rights of way, restrictions and licenses which may exist thereon, either written or implied and we do hereby establish additional Utility Easements as shown on the annexed plat. IN WITNESS WHEREOF, I have hereunto set my hand this --------day of ---------------, 2014 ALLIANCE BANK BY: CORD A. POLEN. PRESIDENT AND CEO STATE OF MISSOURI )SS COUNTY OF CAPE GIRARDEAU ) On this ________day of -----------, 2014 before me appeared, CORD A. POLEN, PRESIDENT AND CEO, of ALLIANCE BANK, to me personally known, who, by me duly sworn did say he is PRESIDENT AND CEO of ALLIANCE BANK, owner of the above described parcel of land and that he did sign the foregoing instrument on behalf of said ALLIANCE BANK as his free act and deed. My commission NOTARY PUBLIC SURVEY AND PLAT PREPARED BY: LARRY D. DOWDY SURVEYING 2323 PERRYVILLE ROAD CAPE GIRARDEAU, MISSOURI 63701 (573) 579-4524 (573) 225-9383 FLOOD PLAIN STATEMENT THE ENTIRE TRACT OF THE PROPOSED SUBDIVISION IS SHOWN TO BE WITHIN ZONE "X"AS SET FORTH ON COMMUNITY PANEL NO. 29031CO266E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. ZONE "X"IS NOT WITHIN A FLOOD PRONE AREA. REFERENCES 1. NORTH PER DEED PLAT = SOUTH LINE DOC. NO. 2008-07554 = N 79'39'12" W. 2. ABSTRACT OF TITLE. 3. RECORD PLATS (PLAT BOOK 05, PAGE 51). 4. PRIOR SURVEYS BY: LARRY D. DOWDY SURVEYING FOR: JERRY LIPPS (JAMES STOVALL TRACT) DATED: 11/24/99 AND FOR: ALLIANCE BANK DATED: 08/15/2008 (PRIVATE FILES). 5. MISSOURI STATE HIGHWAY 61 PLANS (KINGSHIGHWAY) 6. (NTS) = NOT TO SCALE. 7. P.O.B. = POINT OF BEGINNING. 8. P.O.C. = POINT OF COMMENCEMENT. 9. N/F = NOW OR FORMERLY. 10. (M) = MEASURED QUANTITY. 11. (D) = DEEDED QUANTITY. TITLE REFERENCES DOC. NO. 2008-07554 (SUB) BOOK 1035, PAGE 463 (ADJ) DOC. NO. 2013-00235 (ADJ) DOC. NO. 2014-03522 (ADJ) BOOK 0251, PAGE 037 (SANITARY SEWER ESMT) BOOK 0161, PAGE 367 (ELECTRIC LINE ESMT) R0 DNEY-4p)?ENS 400 7-R,4 C7, N 83'22'18" W 605.47' (NTS) outlota6� North Line outlot 86 Northeast Corner Survey 2799 Outiot 86 North Township 30 Range 13 East (Found Axle) 2323 PERRYVILLE ROAD CAPE GIRARDEAU, MO 63701 Ph: (573)335-0464 Fax: (573)335-4895 Cell: (573)225-9383 P. 0. C. outlOt 54 SURVEY CLASS ...... URBAN" I, Gayle L. Conrad, 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 ----------------• 2014. GAYLE L. CONRAD, CITY CLERK STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) Filed for record in the office of the county Recorder of Deeds of Cape Girardeau County, Missouri duly recorded under document number , at Jackson, Missouri, on this day of ,2014 A.D. SCOTT R. CLARK, RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MISSOURI SURVEY CERTIFICATION THIS IS TO CERTIFY THAT I HAVE SURVEYED THE ABOVE DESCRIBED PARCEL OF LAND AND HAVE PREPARED THE ANNEXED PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SURVEY, TO THE BEST OF MY ABILITY AND THAT SAID PLAT AND SURVEY WERE DONE IN ACCORDANCE WITH THE CURRENT MINIMUMS FOR LAND SURVEYS IN THE STATE OF MISSOURI FOR LAND SURVEYS SET OUT BY THE MISSOURI DEPARTMENT OF AGRICULTURE, WEIGHTS, MEASURES AND CONSUMER PROTECTION DIVISION, STATE OF MISSOURI EFFECTIVE AS OF OCTOBER 30, 2003. DONE THIS 12 th. DAY OF AUGUST , 2014. LARRY D. DOWDY, MO -PLS -1518 2323 PERRYVILLE ROAD CAPE GIRARDEAU, MISSOURI 63701 EMAIL: Idond1944@yahoo.com, mattdejournett@hotmail.com ASSESSORS MAP No.: 20-312 DATE: 07/23/14 COMMENTS JOB NUMBER: 2014-115 REVISION 1: DRAWN BY: MDD REVISION 2: CHECKED BY: LDD CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Mocarrico Subdivision A record plat has been submitted to combine two lots on between South Kingshighway and Commercial Street. SEE STAFF REPORT FOR MORE DETAILS. 16 -- City Planner Date 1z Date CITY AIANA GER DEFERRAL TO THE PLANNING AND ZONING COMMISSION: ity Manager RECOMMENDED A CTION.- VOTE COUNT: I Favor CO AlAlFW'� - CITIZENS COMMENTING AT MEETING: Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose Date Favor Favor Oppose Abstain Trae Bertrand Ll Lj Ll Larry Dowdy U Ll Jeff Glenn 0", Ll L3 Bill Hinckley Lao',' Lj Lj Randy Kluae Ld Lj L) VOTE COUNT: I Favor CO AlAlFW'� - CITIZENS COMMENTING AT MEETING: Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose Date Favor Oppose Abstain Ll Ll Lj Ll La L) Q C-11 A Ordinance I" Reading Z - Ordinance 2nd & 3rd Reading: 1' 1E # Effective 1. •: Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT An Ordinance approving the record plat of Pacific Rim Addition. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Pacific Rim Addition. BACKGROUND/DISCUSSION A record plat has been submitted for Pacific Rim Addition, located at 1512 Independence Street. The subdivision is zoned C-1 (General Commercial). The plat combines two lots. A variance is shown for the omission of the required 10 foot wide utility easement adjacent to the rear lot line. City staff supports the variance, as there are no existing or proposed City utilities at the rear of the lot. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the record plat with corrections. A corrected plat was submitted prior to the meeting, and a staff report addendum was issued recommending approval of the corrected plat as submitted. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its August 13, 2014 regular meeting, recommended approval of the corrected record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Pacific Rim Subd Plat.doc ❑ Map - Pacific_Rim Addition.pdf ❑ Application - Pacific Rim Addition.pdf ❑ S14114.pdf ❑ Staff Review -Referral -Action Form.W Description: Pacific Rim Plat Ord Pacific Rim Addition - Map Pacific Rim Addition - Application Pacific Rim Addition - Corrected Record Plat Pacific Rim Addition - Staff RRA Form BILL NO. 14-126 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF PACIFIC RIM ADDITION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI. AS FOLLOWS: ARTICLE 1. The record plat of Pacific Rim Addition, a subdivision being a resubdivision of Lots 3 & 4, Block 2, White Star Addition as recorded in Plat Book No. 3 at Page No. 42, lying in a part of Outlot 41, United States Private Survey No. 2199, Township 30 North, Range 14 East of the Fifth Principal Meridian, in the City and County of Cape Girardeau, Missouri, submitted by Robert E. Wade and Maria B. Wade, bearing the certification of R. Christopher Bowen, a Registered Land Surveyor, dated August 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 Pacific Rim Addition Record Plat SUBDIVISION PLAT APPLICATION CITY 0 CAPE GIRARDEAU o Of DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Pacif is Rim Silbdi 3zi s Appliprit Contact Person (if Applicant is a Business or Organization) Property Owner of Record (if other than Applicant) Mailing Address I City, State,, Zip Telephone I Email (Attach additional owners information if necessary) Professional Engineer / Surveyor Develoer Bowen Engi Mailing Address City,, State, Zip Mailing Address City., State., Zip 2121 Megan Drive iCape Girardeau Ily e- K.S a Pon. 73.0 Telephone Email Tele hone Email .1=0 mm . C? 573-339-590C�chriskelley@bowenengsurvlc§ya. IV1406. to. C:;44I0"r&e,' "ET", 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) 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. Applicant Signature Date OFFICE USE ONLY Date Received By Planning & Zoning Commission Recommendation City Council Final Action Date Date File Number JUL 2 3 2014 Revised 6/18/2012 ZONING INFORMATION: RECORD PLAT ZONED C1 - GENERAL COMMERCIAL DISTRICT PA CIFIC RIM A DDI TION MAXIMUM BUILDING HEIGHT: 40' (3 STORIES) MINIMUM LOT WIDTH: NONE MINIMUM LOTAREA: NONE A RESUBDIVISION OF LOTS 3 & 4, BLOCK 2, WHITE STAR ADDITION AS RECORDED IN MINIMUM SETBACKS PLAT BOOK NO. 3 AT PAGE NO. 42, LYING IN A PART OF OUTLOT 41, UNITED STATES FRONT =25' PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 14 EAST OF THE 5th P.M. REAR =25' CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI SIDE = NONE EXCEPT 5' IF ABUTTING A RESIDENTIAL DISTRICT VARIANCE SHOWN FOR THE OMISSION OF THE REQUIRED 10' UTILITY EASEMENT ADJACENT TO THE REAR LOT LINE. Q LLI_I I I I I III `" NOTE: U i NUMBER OF LOTS: 1 PENDENC -I_ E � LOT SIZE: 0.30 ACRES —RNV•.- — r;`• Q Ia- SITE - _ _ _ - - - -. BACK OF CURB ANR_S7R .-�/��CL C5 �FR-`" LOCATION MAP - - - R,�,-._ SURVEY NOTES: I I -------------- TOB "I------_----•--•- --- THIS SURVEY CREATES A NEW ONE LOT SUBDIVISION FROM LOTS I r---_-----_ -- 3 AND 4, BLOCK 2, WHITE STAR ADDITION AS RECORDED IN PLAT I P L A I W H I T E I B L o G k I T'-•---•_.-_--- BOOK NO. 3 AT PAGE NO. 42 I T i B 00 K I N S SHOWN WITHOUT PARENTHESES S A 3 /A p' D I T Il O IMEASURED DEED OR RECORD DIMENSIONSIN SHOWN WITH PARENTHESES it P A G qN O 41 2 31 R — BASIS OF BEARINGS - GRID NORTH DETERMINED BY REAL LOT Ig I I I I I a I 1 FROM THE TIME GPS OMISSOURI IHIGHWAYA DWITH RTRANSPORTAT ON RECTIONS ED i LOT 1,1I LOT 20 I i 1 LOT 23 I LOT 24 I COMMISSION GLOBAL NAVIGATION SATELLITE REAL-TIME I I I LOT 21 I LOT 22 I P 0. NETWORK FOR CONTINUOUSLY OPERATING REFERENCE I I I I STATIONS. SET 1/2^IRON PINI I I I N 537,519.097335 I 60' � I I E 1,099,761.750639 p SURVEY CLASS "C" -URBAN I I I I I NAD83, M.S.pC (50.0) I I I I ZONE 2401 EAST ............. _ (50.oJ I U.S _SURVEY FEET) o i REFERENCES: _ _ _ ALLEy (16, - _ ---1.,_• _50.0) I I C.A.'1.000022737 Y , RECORD PLAT OF WHITE STARADDITION AS RECORDED IN I —" _ _ RNV) --� (50.0) = 00°345729155^ j I m I PLAT BOOK NO. 3 A PAGE NO. 42 (500) 0000; ---_l. _ (50.0_ 1 1 10 I LOT -7 I I (50.0) .._.-. S82°21'46"E 100.00) — (500) O'I— • LOT I (50.0' — co I m I RECORD PLAT OF LONGVIEW PLACE AS RECORDED IN I 6 I LOT g i (50.0) _ ._ 882 21.48.E (700.0) �I j PLAT BOOK NO. 4 AT PAGE NO. 24 I _ 100 00' U ..... I (50.0)• r•_..—(50.0) _-1' W I p 1 PERMANENT EASEMENT, DATED JANUARY 5, 2007 I W p ""25' BSL• •................ I i Y GENERAL WARRANTY DEED, DATED JANUARY 19, 2007 I } SIS to LOT 4 I LOT 2 GENERAL WARRANTY DEED, BOOK NO. 853 - PAGE NO. 658 I I Z O c I LOT 3 I LOT I I W .I GENERAL WARRANTY DEED, DOCUMENT NO. 2007-11496 I I LL v ry LOT 1 GENERAL WARRANTY DEED, DOCUMENT NO. 2012-05509 I I p Q N L 0.30q T tY W TAX ASSESSMENT MAP NO. 21-105 I I Z Z §m 3 OSn Q I 1 I Z 1 Q'U I EXIST. 5' PERM. u_ � I i Z, 1 FLOODPLAIN INFORMATION I Doc 2007p�e z o 13 SUBJECT PROPERTY LIES IN ZONE X, AN AREA DETERMINED I I w W I ^ I TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD PLAIN AS I RNVI ... BSL•••... O I O ED m I , 25' Z O m I I j SHOWN ON FLOOD INSURANCE RATE MAP, COMMUNITY PANEL — —., J (50.09 I 10' UTILITY EASEMENT I ! � I a I NO. 290 458 0266 E, WHICH BEARS AN EFFECTIVE DATE OF — ......... (50.0) --` _ 1 SEPTEMBER 29, 2011. (MAP NUMBER 29031CO266E) —" --. _ _ _ _ — -- 1 /CONC. DRIVE' mme 3 i< i GRAPHIC SCALE 1 1 _ CACK OFCU- --fENCE STREE-TR--w (56'R _---__ _ ___ ------III - R/W _ e-�.Bowen. ENGINEERING & SURVEYING Consulting Engineers • Land Surveyors • Testing Laboratories 2121 Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fax 573 339 1391 w .howenengsurv.mnn Bowen Engineering & Surveying, P.C. Engineering Corporation - Missouri State Certificate of Authority #000383 Land Surveying Corporation - Missouri State Cerdficate of Authority #000166 JOB NO. S14-114 DATE: JULY 22, 2014 DWN BY: JAR CHKD BY: CCK ZIP FILE: S14114.ZIP DGN: S14114.DGN SURVEYLEGEND SUBDIVISION BOUNDARY LINE STREET CENTERLINE -------------- EXISTING RIGHT OF WAY LINE—••—••—••—••----••—•- EXISTINGEASEMENT LINE -------------- NEW UTILITY EASEMENT -------------- OLD LOT LINE ------- BUILDING SETBACK LINE ........................ • SET 1/2" IRON PIN UNLESS OTHERWISE SHOWN O SUBDIVISION DEDICATION WE THE UNDERSIGNED, ROBERT E. WADE AND MARIA B. WADE, HUSBAND AND WIFE, OWNERS OF LOTS 3AND 4, BLOCK NO. 2, WHITE STAR ADDITION AS RECORDED IN PLAT BOOK NO. 3 AT PAGE NO. 42 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, CITYAND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 3, BLOCK 2, WHITE STAR ADDITION; THENCE S 06° 32'59" W, 130.12 FEET ALONG THE EAST LINE OF LOT 3 TO THE NORTH RIGHT OF WAY LINE OF INDEPENDENCE STREET; THENCE N 820 22'56"W, 100.00 FEET ALONG SAID NORTH RIGHT OF WAY LINE TO THE SOUTHEAST CORNER OF LOT 5, BLOCK 2; THENCE N 060 33'00- E, 130.15 FEETALONG THE EAST LINE OF SAID LOT TO THE SOUTH RIGHT OF WAY LINE OF AN ALLEY; THENCE S 82° 21' 46" E, 100.00 FEETALONG SAID SOUTH RIGHT OF WAY LINE TO THE POINT OF BEGINNING, CONTAINING 0.30 ACRES, MORE OR LESS. HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO ONE LOT AS NUMBERED AND DESIGNATED ON THIS PLAT AND DO HEREBY ESTABLISH A PERMANENT EASEMENT FOR UTILITIES AS SHOWN ON THIS PLAT, WHICH IS HEREBY NAMED, "PACIFIC RIM ADDITION" IN WITNESS WHEREOF, WE, ROBERT E. WADE AND MARIA B. WADE, HUSBAND AND WIFE, HAVE HEREUNTO SET OUR HANDS THIS --------- DAY OF------------------------------A.D., 2014. ROBERT E. WADE MARIA B. WADE STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU ) ss BEFORE MEA NOTARY PUBLIC FOR SAID COUNTY AND STATE, PERSONALLY APPEARED ROBERT E. WADE AND MARIA B. WADE, HUSBAND AND WIFE, WHO BEING BY ME DULY SWORN DID SAY THAT THEY ARE THE PERSONS DESCRIBED HEREIN, AND DID EXECUTE THE FOREGOING INSTRUMENT AND WHO ACKNOWLEDGED THAT THEY EXECUTED THE SAME AS THEIR FREE ACTAND DEED. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS ................. DAY OF ................................ 2014. NOTARY PUBLIC MY TERM EXPIRES I, GAYLE L. CONRAD, CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS RECORD PLAT WAS APPROVED AND ACCEPTED BY THE CITY COUNCIL BY ORDINANCE NO- ----------------------------- ON THIS --------------- DAY OF ------------------------------------• 2014, A.D. GAYLE L. CONRAD, CITY CLERK STATE OF MISSOURI ) COUNTY OF CAPE GIRARDEAU ) as FILED FOR RECORD THIS DAY OF . 2014A.D. AND DULY RECORDED IN DOCUMENT NO. SCOTT R. CLARK, CAPE GIRARDEAU COUNTY RECORDER OF DEEDS SURVEYOR'S CERTIFICATION THIS IS TO CERTIFY THAT AT THE REQUEST OF ROBERT E. WADE THE TRACT SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE 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 GEOLOGY AND LAND SURVEY. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. IN WITNESS WHEREOF, I HEREUNTO SET MY SEAL AND SIGNATURE THIS ------------------------- DAY OF -----------------------------------------------2014 A.D. R. CHRISTOPHER BOWEN MO. P.L.S. #2232 CITY OF CAPE GIRARDEA U MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Pacific Rim Addition ------------------------ LOCATION: Independence Street A record plat has been submitted to combine two lots on Independence Street. SEE STAFF REPORT FOR MORE DETAILS. City Planner "Oe 0 0*41~ City Aey�'-�� Date Date CITY MANAGER RFFERRAL TO THE PLANNING AND ZONING COMMISSION: er RECOMMENDED A CTION.- Favor Oppose Abstain Trae Bertrand 1(, Lj Lj Larry Dowdy 10" 2f Ll L) Jeff Glenn Ll Ll Bill Hinckley Jd L3 J Randy Kluge J Ll VOTE COUNT: !t Favor CC) AJUF, W� - CITIZENS COMMENTING AT MEETING: Ralph Maxton Scott McClanahan Doug Spooler Tom Welch Oppose Date Favor Oppose Abstain 0, Ll Ll Ll', Ll Lj Ll Ll La'� L3 J C Abstain nd d Ordinance I" Readin Ordinance 2 & 3 Reading: ORDINANCE # Effective Date: Staff: Casey Brunke P.E., City Engineer Agenda: 9/8/2014 SUBJECT Resolution authorizing the City Manager to execute an Investigative Services Agreement with Horner & Shifrin, Inc., for the South Sprigg Street Roadway Restoration Project (ER Project 1518(005)). EXECUTIVE SUMMARY This investigative services agreement between the City of Cape Girardeau and Horner & Shifrin, Inc. for the South Sprigg Street Roadway Restoration provides the beginning work to address the sinkholes at the Cape LaCroix Creek Bridge. Additional supplemental agreements between Horner & Shifrin, Inc. and the City will be forthcoming once the investigative work is complete. BACKGROUND/DISCUSSION The City of Cape Girardeau solicited Requests for Qualifications for the South Sprigg Street Roadway Restoration Project. Twelve consultants submitted their qualifications and Horner & Shifrin, Inc. was selected. FINANCIAL IMPACT The cost of the investigative work for South Sprigg Street Roadway Restoration will be a not -to -exceed amount of $462,339. This amount will qualify for 80% reimbursement under the Missouri Highways and Transportation Commission Emergency Program Relief. The City has also received a Delta Regional Authority grant in the amount of $100,000 that will be put towards our 20% match. Any remaining funding for the project will come from the stormwater sales tax revenue. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS South Sprigg Street has been closed since 2013 because of the sinkhole activity. The road closure has affected several homes and businesses by longer travel times and additional fuel usage. Access to the City's Transfer Station has also been impacted. STAFF RECOMMENDATION Staff recommends that the Council approve a Resolution authorizing the City Manager to enter into a contract with Horner & Shifrin, Inc. for the investigative work for the South Sprigg Street Roadway Restoration project, contingent upon MoDOT approval. ATTACHMENTS: Name: ❑ Homer_Shifrin-Spriqq Street.doc LIS Spnqq Sinkholeapdf ❑ S. Sprigg Sinkholes ESC Agreement H S.pdf Description: S Sprigg Project Res Location Map Engineering Services Contract BILL NO. 14-136 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HORNER & SHIFRIN, INC., FOR THE SOUTH SPRIGG STREET ROADWAY RESTORATION PROJECT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Contract with Horner & Shifrin, Inc., for the South Sprigg Street Roadway Restoration Project (ER Project 1518 (005)), in the City of Cape Girardeau, Missouri. 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 U A J City of Cape Girardeau South Sprigg Street Roadway Restoration L i J—,� SOUTNERNEXPRESSWAY D Q� 0 Project Location Legend Street Centerlines Parcel Lines S Streams SPONSOR: City of Cape Girardeau, MO LOCATION: Cape Girardeau, MO, Sprigg St. at Cape La Croix Creek PROJECT: South Sprigg Street Roadway Restoration Project ER Project 1518(005) THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "Local Agency", and Horner & Shifrin, Inc., 5200 Oakland Ave., St. Louis, MO 63110, hereinafter referred to as the 'Engineer". INASMUCH as funds have been made available by the Federal Highway Administration through its Emergency Relief Program, coordinated through the Missouri Department of Transportation, the Local Agency intends to conduct investigations to characterize the sinkholes, develop a remediation plan, design that plan, and then implement the project to restore the roadway and bridge to normal traffic service. The Engineer will provide the Local Agency with professional services hereinafter detailed for the planning, design and construction inspection of the desired improvements and the Local Agency will pay the Engineer as provided in this contract. It is mutually agreed as follows: ARTICLE I — SCOPE OF SERVICES See Attachment A for the Scope of Service specific to this project. Due to the unusual nature of this project, work shall be phased and contract supplements issued to cover design, bidding, and construction phase services. A concept design and investigation phase is required to identify karst topography impacts on the roadway and bridges and develop repair/replacement options to restore the roadway. ARTICLE II - DISADVANTAGED BUSINESS ENTERPRISE (DBE) REQUIREMENTS: A DBE Goal: The following DBE goal has been established for this Agreement. 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 10% of the total Agreement dollar value. B. DBE Participation Obtained by Engineer: The Engineer has obtained DBE participation, and agrees to use DBE firms to complete, 12.8% (Concept Phase) of the total services to be performed under this Agreement, by dollar value. The DBE firms which the Engineer shall use, and the type and dollar value of the services each DBE will perform, is as follows: Fig. 136.4.1 Contract Revised 6/25/13 DBE FIRM NAME, STREET AND COMPLETE MAILING ADDRESS Civil Design Inc. C & M Constructors Excavation for $45,000 $45,000 $45,000 Geotechnical Services Engineer will make a good faith effort to procure additional DBE participation in design, bid, and construction phases of this project; however, Engineer, and Local Agency agree due to the specialized nature of this work goal may be difficult to achieve. ARTICLE III -ADDITIONAL SERVICES The Local Agency reserves the right to request additional work, and 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 MoDOT 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 IV - RESPONSIBILITIES OF LOCAL AGENCY The Local Agency will cooperate fully with the Engineer 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 Local Agency; B. provide the Engineer with the Local Agency's requirements for the project; C. make provisions for the Engineer to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Engineer, obtain reviews by MoDOT, and render decisions thereon in a prompt manner so as not to delay the Engineer; E. designate a Local Agency's employee to act as Local Agency's Person in Responsible Charge under this contract, such person shall have authority to transmit instructions, interpret the Local Agency's policies and render decisions with respect to matters covered by this agreement (see EPG 136.3); Fig. 136.4.1 Contract 2 Revised 6/25/13 PERCENTAGE CONTRACT OF TOTAL $ $ AMOUNT SUBCONTRACT TYPE OF VALUE OF TO APPLY DOLLAR VALUE DBE THE DBE TO TOTAL APPLICABLE TO SERVICE SUBCONTRACT DBE GOAL TOTAL GOAL Surveying $14,100 $14,100 $14,100 Excavation for $45,000 $45,000 $45,000 Geotechnical Services Engineer will make a good faith effort to procure additional DBE participation in design, bid, and construction phases of this project; however, Engineer, and Local Agency agree due to the specialized nature of this work goal may be difficult to achieve. ARTICLE III -ADDITIONAL SERVICES The Local Agency reserves the right to request additional work, and 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 MoDOT 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 IV - RESPONSIBILITIES OF LOCAL AGENCY The Local Agency will cooperate fully with the Engineer 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 Local Agency; B. provide the Engineer with the Local Agency's requirements for the project; C. make provisions for the Engineer to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Engineer, obtain reviews by MoDOT, and render decisions thereon in a prompt manner so as not to delay the Engineer; E. designate a Local Agency's employee to act as Local Agency's Person in Responsible Charge under this contract, such person shall have authority to transmit instructions, interpret the Local Agency's policies and render decisions with respect to matters covered by this agreement (see EPG 136.3); Fig. 136.4.1 Contract 2 Revised 6/25/13 F. perform appraisals and appraisal review, negotiate with property owners and otherwise provide all services in connection with acquiring all right-of-way needed to construct this proj ect. ARTICLE V - PERIOD OF SERVICE The Engineer will commence work within two weeks after receiving notice to proceed from the Local Agency. The general phases of work will be completed in accordance with the following schedule: A. PS&E Approval by MODOT shall be completed on June 2015. B. Construction Phase shall be completed 60 days after construction final completion schedule. The Local Agency will grant time extensions for delays due to unforeseeable causes beyond the control of and without fault or negligence of the Engineer. Requests for extensions of time shall be made in writing by the Engineer, before that phase of work is scheduled to be completed, stating fully the events giving rise to the request and justification for the time extension requested. ARTICLE VI — STANDARDS The Engineer shall be responsible for working with the Local Agency in determining the appropriate design parameters and construction specifications for the project using good engineering judgment based on the specific site conditions, Local Agency needs, and guidance provided in the most current version of EPG 136 LPA Policy. If the project is on the state highway system or is a bridge project, then the latest version of MoDOT's Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be used (see EPG 136.7). The project plans must also be in compliance with the latest ADA (Americans with Disabilities Act) Regulations. ARTICLE VII - COMPENSATION For services provided under this contract, the Local Agency will compensate the Engineer as follows: A. For conceptual engineering phase, the Local Agency will pay the Engineer the actual costs incurred plus a predetermined fixed fee of $12,238, with a ceiling established for said concept design services in the amount of $462,339, which amount shall not be exceeded. B. For design services, including work through the construction contract award stage, the Local Agency will pay the Engineer the actual costs incurred plus a predetermined fixed fee of $TBD, with a ceiling established for said design services in the amount of $ TBD, which amount shall not be exceeded. C. For construction inspection services, the Local Agency will pay the Engineer the actual costs incurred plus a predetermined fixed fee of $TBD, with a ceiling established for said inspection services in the amount of $TBD, which Fig. 136.4.1 Contract Revised 6/25/13 3 amount shall not be exceeded. D. The compensation outlined above has been derived from estimates of cost which are detailed in Attachment B. Any major changes in work, extra work, exceeding of the contract ceiling, or change in the predetermined fixed fee will require a supplement to this contract, as covered in Article III - ADDITIONAL SERVICES. E. Actual costs in Sections A and B above are defined as: 1. Actual payroll salaries paid to employees for time that they are productively engaged in work covered by this contract, plus 2. An amount estimated at 54.28 % of actual salaries in Item 1 above for payroll additives, including payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay, plus 3. An amount estimated at 91.32 % of actual salaries in Item 1 above for general administrative overhead, based on the Engineer's system for allocating indirect costs in accordance with sound accounting principles and business practice, plus 4. Other costs directly attributable to the project but not included in the above overhead, such as vehicle mileage, meals and lodging, printing, surveying expendables, and computer time, plus 5. Project costs incurred by others on a subcontract basis, said costs to be passed through the Engineer on the basis of reasonable and actual cost as invoiced by the subcontractors. F. The rates shown for additives and overhead in Sections VII. D.2 and VII. D.3 above are approximate and will be used for interim billing purposes. Final payment will be based on the actual rates experienced during the period of performance, as indicated by the Engineer's accounting records, and as determined by final audit of the Engineer's records by MoDOT. G. The payment of costs under this contract will be limited to costs which are allowable under 23 CFR 172 and 48 CFR 31. H. METHOD OF PAYMENT - Partial payments for work satisfactorily completed will be made to the Engineer upon receipt of itemized invoices by the Local Agency. Invoices will be submitted no more frequently than once every two weeks and must be submitted monthly for invoices greater than $10,000. A pro -rated portion of the fixed fee will be paid with each invoice. Upon receipt of the invoice and progress report, the Local Agency will, as soon as practical, but not later than 45 days from receipt, pay the Engineer for the services rendered, including the proportion of the fixed fee earned as reflected by the estimate of the portion of the services completed as shown by the progress report, less partial payments Fig. 136.4.1 Contract Revised 6/25/13 4 previously made. A late payment charge of one and one half percent (1.5%) per month shall be assessed for those invoiced amount not paid, through no fault of the Engineer, within 45 days after the Local Agency's receipt of the Engineer's invoice. The Local Agency will not be liable for the late payment charge on any invoice which requests payment for costs which exceed the proportion of the maximum amount payable earned as reflected by the estimate of the portion of the services completed, as shown by the progress report. The payment, other than the fixed fee, will be subject to final audit of actual expenses during the period of the Agreement. I. 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 VIII - COVENANT AGAINST CONTINGENT FEES The Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Engineer, 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 Local Agency 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 IX - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, except as provided herein, shall be sublet or transferred without the written consent of the Local Agency. The subletting of the work shall in no way relieve the Engineer of his primary responsibility for the quality and performance of the work. It is the intention of the Engineer to engage subcontractors for the purposes of - Sub -Consultant Name Stantec Consulting Services, Inc. Civil Design, Inc. C & M Contractors, Inc. Address 1859 Bowles Ave. Fenton, MO 63026 1552 South 7t" St. St. Louis, MO 63104 P.O. Box 247 Doniphan, MO 63935 ARTICLE X - PROFESSIONAL ENDORSEMENT Services Geotechnical Engineering Surveying Trenching for Geotechnical Engineering Fig. 136.4.1 Contract Revised 6/25/13 All plans, specifications and other documents shall be endorsed by the Engineer and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the concept report and future PS&E submittals the Engineer of Record will be representing to MoDOT that the design is meeting the intent of the federal aid programs. ARTICLE XI - RETENTION OF RECORDS The Engineer 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 FHWA. Said records shall be made available for inspection by authorized representatives of the Local Agency, MoDOT or the federal government during regular working hours at the Engineer's place of business. ARTICLE XII - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the Local Agency upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the Local Agency upon request. All such information produced under this contract shall be available for use by the Local Agency without restriction or limitation on its use. If the Local Agency incorporates any portion of the work into a project other than that for which it was performed, the Local Agency shall save the Engineer harmless from any claims and liabilities resulting from such use. ARTICLE XIII — SUSPENSION OR TERMINATION OF AGREEMENT A. The Local Agency may, without being in breach hereof, suspend or terminate the Engineer's services under this Agreement, or any part of them, for cause or for the convenience of the Local Agency, upon giving to the Engineer at least fifteen (15) days' prior written notice of the effective date thereof. The Engineer shall not accelerate performance of services during thefi_ftPen (15) day period without the express written request of the Local AaencV, B. Should the Agreement be suspended or terminated for the convenience of the Local Agency, the Local Agency will pay to the Engineer its costs as set forth in Attachment B including actual hours expended prior to such suspension or termination and direct costs as defined in this Agreement for services performed by the Engineer, a proportional amount of the fixed fee based upon an estimated percentage of Agreement completion, plus reasonable costs incurred by the Engineer in suspending or terminating the services. The payment will make no other allowances for damages or anticipated fees or profits. In the event of a suspension of the services, the Engineer's compensation and schedule for performance of services hereunder shall be equitably adjusted upon resumption of performance of the services. C. The Engineer shall remain liable to the Local Agency for any claims or damages occasioned by any failure, default, or negligent errors and/or omission in carrying out the provisions of Fig. 136.4.1 Contract Revised 6/25/13 6 this Agreement during its life, including those giving rise to a termination for non- performance or breach by Engineer. This liability shall survive and shall not be waived, or estopped by final payment under this Agreement. D. The Engineer shall not be liable for any errors or omissions contained in deliverables which are incomplete as a result of a suspension or termination where the Engineer is deprived of the opportunity to complete the Engineer's services. E. Upon the occurrence of any of the following events, the Engineer may suspend performance hereunder by giving the Local Agency 30 days advance written notice and may continue such suspension until the condition is satisfactorily remedied by the Local Agency. In the event the condition is not remedied within 120 days of the Engineer's original notice, the Engineer may terminate this agreement. Receipt of written notice from the Local Agency that funds are no longer available to continue performance. 2. The Local Agency's persistent failure to make payment to the Engineer in a timely manner. 3. Any material contract breach by the Local Agency. ARTICLE XIV - DECISIONS UNDER THIS CONTRACT The Local Agency will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The Local Agency's decision shall be final and conclusive. ARTICLE XV - SUCCESSORS AND ASSIGNS The Local Agency and the Engineer agree that this contract and all contracts entered into under the provisions of this contract shall be binding iipon the parties hereto and their successors and assigns. ARTICLE XVI - COMPLIANCE WITH LAWS The Engineer shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VII 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. ARTICLE XVII - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Engineer agrees to save harmless the Local Agency, MoDOT and FHWA from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. Fig. 136.4.1 Contract Revised 6/25/13 7 ARTICLE XVIII - NONDISCRIMINATION The Engineer, 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 Engineer will comply with Title VII of the Civil Rights Act of 1964, as amended. More specifically, the Engineer 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 Engineer for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Engineer's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. ARTICLE XIX — LOBBY CERTIFICATION CERTIFICATION ON LOBBYING: Since federal funds are being used for this agreement, the Engineer's signature on this agreement constitutes the execution of all certifications on lobbying which are required by 49 C.F.R. Part 20 including Appendix A and B to Part 20. Engineer agrees to abide by all certification or disclosure requirements in 49 C.F.R. Part 20 which are incorporated herein by reference. ARTICLE XX — INSURANCE A. The Engineer shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Engineer 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 Engineer and its employees, agents, and Subconsultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. B. The Engineer shall also maintain professional liability insurance to protect the Engineer against the negligent acts, errors, or omissions of the Engineer and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. C. The Engineer's insurance coverage shall be for not less than the following limits of liability: Insurance Type Worker's Compensation: Comprehensive General and Professional Liability: Amount In full compliance with statutory requirements of Federal and State of Missouri $404,000 each person $2,690,000 each occurrence Fig. 136.4.1 Contract Revised 6/25/13 8 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 D. The Engineer shall, upon request at any time, provide the Local Agency with certificates of insurance evidencing the Engineer's commercial general or professional liability ("Errors and Omissions") policies and evidencing that they and all other required insurance are in effect as to the services under this Agreement. E. Any insurance policy required as specified in (ARTICLE XX) shall be written by a company which is incorporated in the United States of America or is based in the United States of America. Each insurance policy must be issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XXI - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A — Scope of Service Attachment B - Estimate of Cost Attachment C - Breakdown of Overhead Rates Attachment D - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions. Attachment E - Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Lower Tier Covered Transactions. Attachment F — DBE Contract Provisions Attachment G — Fig. 136.4.15 Conflict of Interest Disclosure Form Fig. 136.4.1 Contract Revised 6/25/13 9 Executed by the Engineer this3rd day of S-'ppk,,.,,hrr, 2014. Executed by the City this day of 52014. FOR: Cape Girardeau, Missouri BY: Scott Meyer, City Manager ATTEST: City Clerk FOR: Horner & Shifrin, Inc. BY: ATTEST: James E. McCleish, P.E., Vice President I hereby certify under Section 50.660 RSMo there is either: (1) a balance of funds, otherwise unencumbered, to the credit of the appropriation to which the obligation contained herein is chargeable, and a cash balance otherwise unencumbered, in the Treasury, to the credit of the fund from which payment is to be made, each sufficient to meet the obligation contained herein; or (2) bonds or taxes have been authorized by vote of the people and there is a sufficient unencumbered amount of the bonds yet to be sold or of the taxes levied and yet to be collected to meet the obligation in case there is not a sufficient unencumbered cash balance in the treasury. Fig. 136.4.1 Contract John Richbourg, Director of Finance 10 Revised 6/25/13 ATTACHMENT A Scope of Services Fig. 136.4.1 Contract Revised 6/25/13 South Sprigg Street Road Restoration Federal Aid No. ER -1518(005) Attachment A Scope of Services A. Conceptual Engineering Phase 1. Confirm MoDot requirements for ER fund use and schedule requirements. 2. Develop draft project schedule in Microsoft project format. 3. Conduct kickoff meeting. 4. Meet with quarry to apprise them of work plan and coordinate access to quarry with City present at meeting. Discuss assistance in moving creek sinkhole dam and then replacing it following geo investigation. 5. Determine safety requirements for quarry access and coordinate with subconsultants. 6. Coordinate with geotech sub on research, field investigation, analysis and report. 7. Review site survey of topo file from sub. 8. Coordinate initial topo and control survey plus two subsequent visits to survey boring locations and quarry karst features. 9. Conduct visual bridge inspection and document with photography prior to start of the field work by geotech. 10. Develop brief memo on bridge condition and compare survey to record drawings. Document any movement of the structure in the memo 11. Assist geo tech in data research with quarry, railroad geotech, MoDOT and design engineer of record on the bridge for data pertinent to the evaluation. 12. Conduct monthly progress meeting with the City and invite MoDOT or update MoDOT with minutes from meeting. 13. Update progress schedule monthly. 14. Review geotech field data as it becomes available. 15. Conduct visual bridge inspection and document with photography following completion of field work by geotech. 16. Review draft geotech report. 17. Review final geotech report. 18. Evaluate in consultation with geotech sub options to repair or replace the roadway section damaged by the karst sink features and develop cost estimates. 19. Evaluate in consultation with geotech sub options to repair/ replace/ or extend the bridge to route roadway over sink features. Develop concept exhibits to show repair and replacement scope options. 20. Review options to optimize bank protection from water intrusion under bridge. 21. Should geotech investigation yield information that leads to bridge abandonment, review concept routes and develop concept level cost estimate for new roadway route and bridge in a different location. 1 22. Should geotech investigation yield information that rerouting the creek to the north of the area be the best option due to ground conditions, develop concept alignment, indentify permitting obstacles and develop concept cost estimate 23. Prepare construction cost estimates for each viable option. 24. Develop and screen risk for each option. 25. Prepare a summary report of our findings with final recommendations. Geotech report will be appended to our summary report. 26. Submit report to City for review and meeting to present/discuss findings. 27. Finalize report with City comments and submit to MoDOT 28. Meet with quarry to present/summarize repair plan. 29. Receive and address MoDOT report comments and issue final report. 30. Project management and administration including work product QA/QC. Assumptions: Geotechnical investigation will generally be within the ROW limits for the road and bridge. The ground conditions will be monitored as the work progresses and any adjustments to the boring or trenching locations deemed necessary to define the features impacting the road and bridge will be advanced once property access has been acquired outside the ROW. It is the Engineer's intent to adjust location of borings and trenching and stay within the budgeted allocation for the amount of field work estimated for this project. The Engineer and its subs will assist the City with defining access areas required and provide assistance to City with obtaining the access. All fees and exhibits, if required, and direct contact with the landowner affected will be performed by City staff. B. Design Phase To be negotiated following preliminary study phase. Repair/replace concept is unknown until completion of geotechnical investigation and conceptual engineering effort. C. Bid Phase To be negotiated following preliminary study phase. Repair/replace concept is unknown until completion of geotechnical investigation and conceptual engineering effort. D. Construction Phase To be negotiated following preliminary study phase. Repair/replace concept is unknown until completion of geotechnical investigation and conceptual engineering effort. Prepared by: J. McCleish Horner & Shifrin. Inc. August 4, 2014 3 ATTACHMENT B ESTIMATE OF COST Fig. 136.4.1 Contract Revised 6/25/13 ATTACHMENT B CITY OF CAPE GIRARDEAU - SOUTH SPRIGG STREET ROAD RESTORATION Federal Project No. ER -1518(005) ESTIMATE OF COST CONCEPTUAL ENGINEERING PHASE JEM SR TPL MAC CAB MAB RDA BDV Task HOURS Cost P6-1pagPM Sr Env Eng Sr. Sbucl Eng Strict Eng Spud Tech AVP Shad Eng SR Trans Eng Sr Teeh Clednl $ 70.00 $ 45.12 $ 44.62 $ 31.29 $ 2451 8 66.85 $ 4824 3 33.56 $ 30.58 A CONCEPTUAL ENGINEERING PHASE 1 Confdm MoDOT req /schedule 2 0 1 0 0 0 0 0 0 $ 184.62 2 Draft prof schedule 4 0 1 0 0 0 0 0 0 $ 32462 3 Kickoff meeting 8 0 8 0 0 0 0 0 0 $ 91696 4 Meet with quarry 8 0 0 a 0 O 0 0 0 $ 560.00 5 quarry access safety and sub coord. For safely training 2 0 0 0 0 0 0 0 0 $ 140.00 6 Coord w/ geolech sub 12 0 0 0 0 0 0 0 0 $ 840.00 7 Rovlew silo topo survey 1 0 0 0 1 1 4 2 0 $ 421.44 8 Coord Inial survey plus two follow on survey visits 3 0 0 0 0 0 1 2 0 $ 325.36 9 Conduct visual bridge inspection prior geotech geld work 1 0 8 0 0 0 0 0 0 $ 426.96 10 Dev brief memo on bridge condition 1 0 4 0 0 1 0 0 0 $ 315.33 11 Assist geolech in data research 12 0 0 0 0 0 0 2 0 $ 907.12 12 Conduct monthly progress meetings (max of 3 assumed) 24 0 0 0 0 0 0 0 0 $ 1,680.00 13 Update progress schedule monthly 6 0 0 0 0 0 0 0 0 $ 56000 14 Review geoleh field data as it becomes available 8 0 2 0 0 0 0 0 0 $ 649.24 15 Conduct visual bridge inspection after geotech field work 1 0 8 0 0 a 0 0 0 $ 426.96 16 Review draft geolech report 16 0 4 0 0 0 4 0 0 $ 1,491.44 17 Review final geolech report 12 0 2 0 A 0 2 0 0 $ 1,02572 18 Evaluate repair/replace roadway options with cost estimates 2 0 0 O 0 0 18 4 4 $ 1,168.40 19 Evaluate repair/replace/extend bridge. Dev conceprt dwgs and estimates 6 0 32 32 24 8 4 8 4 $ 4,555.92 20 Review options to optimize bank protection under bridge 2 12 1 0 0 O 0 O 4 $ 848.38 21 Review concept routes for new road/bddge bridge dev. Estimates 2 0 8 8 12 2 12 12 4 $ 2,279.02 22 Reroute creek/new bridge concept,pennlling Issues, estimates 4 40 0 0 0 0 0 12 4 $ 2,609.84 23 Prepare more detailed construction cost estimates for viable options 2 2 4 12 2 1 a 2 2 $ 1,414.27 24 Develop and screen risk for each option 4 0 2 0 0 0 2 0 0 $ 465.72 25 Prepare draft summary report 24 4 4 6 4 1 a 8 4 $ 3,230.89 26 Submit report to City Including review meeting 8 0 8 0 0 0 0 0 4 $ 1,039.26 27 Finalize report with City comments and submit to MoDOT 4 1 2 2 1 1 2 4 4 $ 921.34 28 Meet with quarry to present summarize repair plan. 6 0 0 0 0 0 0 0 0 $ 420.00 29 Receive and address MoDOT comments issue final report 8 1 4 4 4 1 2 0 0 $ 1,170.13 30 Project Management and admin including OA/OC of work products 40 0 0 9 0 0 0 O 8 $ 3,044.64 $ 34.363.60 SUBTOTAL HOURS 235 60 103 66 48 16 65 56 42 SUBTOTAL COST $16,450.00 $2,707.20 $ 4,595.86 $ 2,065.14 $ 1,176.46 $ 1,069.60 $ 3,135.60 $1,879.36 $ 1,284.36 $ 34,363.60 Payroll Overhead (Laborx 54.28%) $ 18,652.56 General and Administrative Overhead (Labor x 91.32%) $ 31,380.84 Fixed Fee (14.5%x(Labor +DL OH+G&A OH)j $ 12.237.57 $ 96,634 57 Other Direct Costs: Topographic Survey: Civil Design Inc. S 14,100.00 5 Geotechnical Services: Slantec Consulting Services, Inc 5 303,900.00 Trenching geatechncial investigation C & M Contractors, Inc. $ 45,000.00 Travel (1600 miles @ $0 565/mile) 90400 Reproduction $ 1,800.00 SUBTOTAL $ 365,704.00 TOTAL FOR CONCEPTUAL ENGINEERING PHASE Notes: dbe =12.8% CONCEPT PHASE $ 462,336.57 (3 Stantec Stantec Consulting Services Inc. Design with community in mind www.stantec.com Proposal Engineering Services Sinkhole Evaluation Study Cape La Croix Creek Bridge South Sprigg Street Cape Girardeau, Missouri Prepared for: Horner & Shifrin, Inc St. Louis, Missouri August 25, 2014 (3 Stantec August 25, 2014 Mr. James E. McCleish, PE Vice President Horner & Shifrin, Inc 5200 Oakland Avenue St. Louis, Missouri 63110 Stantec Consulting Services Inc. 1859 Bowles Avenue, Suite 250, St. Louis MO 63026-1944 Proposal Engineering Services Re: Sinkhole Evaluation Study Cape La Croix Creek Bridge South Sprigg Street Cape Girardeau, Missouri Dear Mr. McCleish: pro_001_175680048 Stantec Consulting Services Inc. (Stantec) is pleased to submit this proposal for Engineering Services to evaluate the on-going sinkhole threat to South Sprigg Street and the bridge over Cape La Croix Creek. In addition, this proposal also addresses the issue of surface water from Cape La Croix Creek which enters these sinkholes and emerges into the nearby Buzzi Unicem USA limestone quarry. The proposed scope of work is based upon discussions with you, a site visit to the bridge and quarry on July 1, 2014, review of "Cape La Croix Creek Sinkhole Study" a task force report submitted to the City of Cape Girardeau, dated September 5, 2008, and review of record drawings for the bridge (revision) dated March 13, 1995. At the time of the site visit, the bridge was closed to traffic because sinkholes appeared on or about June 5, 2013 and had undermined the north bridge approach and concrete apron between the north abutment and the northernmost pier. In addition, Buzzi Unicem USA was forced to abandon work in a portion of the quarry because of water intrusion reported to have come from the sinkholes. The enclosed fee estimate only includes Stantec's Engineering Services for investigating the site and providing recommendations for remediation of the bridge to reopen the roadway to traffic. As requested, the extent of Stantec's investigation will focus on the bridge and the subsurface conditions within 20 feet of the Right of Way boundary of the roadway. Recommendations will also be offered relative to treating the karst features encountered in the exploration to reduce water infiltration into the features. Stantec appreciates the opportunity to provide this proposal to you. If you have any questions or need additional information, please contact us. Sincerely, STANTEC CONSULTING SERVICES INC. Bob Welsch, PE Project Manager /cdm Design with community in mind Kurt /cha efer, PE Principal Proposal Engineering Services Sinkhole Evaluation Study Cape La Croix Creek Bridge South Sprigg Street Cape Girardeau, Missouri Table of Contents Section Page No. 1. Background Information and Problem Statement ....................................1 2. Project Approach ........................................................................................ I 3. Scope of Services .... i..i ............. .............. e-io.i ...... 3.1. Task 1 - Research .......................................... ............. .................... 3.2. Task 2 - Field Exploration .................................................. 2 3.3. Task 3 - Data Compilation and Report Development ...............'..3 4. Cost and Schedule ...................................................................................... 3 5 Stantec a.1usWMaeW*sWft*e 91wdeatkape—okard8au—scope 25aug2014,d= Proposal Engineering Services Sinkhole Evaluation Study Cape La Croix Creek Bridge South Sprigg Street Cape Girardeau, Missouri 1. Background Information and Problem Statement The South Sprigg Street Bridge over Cape La Croix Creek is situated approximately 2,000 feet from the Mississippi River. Sinkholes have been forming in the vicinity of the bridge since 2007, with approximately 20 sinkholes noted in the years 2007 and 2008. The sinkholes have affected a rail line, buildings, South Sprigg Street, the Bridge over Cape La Croix Creek, a limestone quarry and cement plant, public utilities, as well as a dairy farm. As the sinkholes have appeared they have traditionally been addressed by the respective property owner or the City of Cape Girardeau. Previous methods of repair have been to fill the open sinkhole with stone and soil overburden. The occurrence of sinkholes appears to be more prevalent during high water elevations/fluctuations of the Mississippi River. Stantec has been requested to provide a proposal to investigate and evaluate the sinkholes at the location of the Sprigg Street Bridge over Cape La Croix Creek, and provide recommendations which can reduce the effect of sinkholes upon the bridge and roadway approaches, and keep this crossing open to traffic. The evaluation will also include recommendations for reducing the amount of water entering the features in the immediate vicinity of the bridge. 2. Project Approach This evaluation will be performed in three tasks: research of existing information, field investigation, and compilation of results and issuance of recommendations. Deliverables will consist of a report which documents research, fieldwork and presents conclusions and offers recommendations. 3. Scope of Services 3.1. Task 1 - Research This initial task will involve reviewing existing site information available from the Department of Public Works such as the previously noted 2008 Task Force Report. Geological, climatological and hydrologic data will also be reviewed and coupled with data gathered from interviews of local property owners and quarry operations. Data will also be requested from the Missouri Department of Transportation (MODOT) which constructed the bridge, and from the railroad which operates near the site. 5 Stantec cAuwsftchaeferWesklopkepe Orardeaukape_ghrdeau_scope 25aug20Kdocx This information will be compiled to develop a timeline of past sinkhole activity, as well as to develop an effective geotechnical and geologic investigation. 3.2. Task 2 - Field Exploration Upon completion of research and compilation of data, a detailed field investigation will be undertaken. It is proposed that this investigation involve both drilling and excavation methods to locate and define the presence of vertical karst features in the bedrock surface. Prior to the review of all available data, it is anticipated that truck mounted auger borings (rockline soundings) will be advanced at both ends of the bridge on a center -to center spacing of ten feet for a length distance of 100 feet north of the north abutment and 100 feet south of the existing south bridge abutment. Supplemental soundings will be advanced within this grid as conditions warrant. The soundings will extend in width dimension for a distances up to 20 feet beyond the plan width of the bridge to the east and west directions. In addition to the grid pattern of borings for each approach, there will be additional rockline soundings advanced on a more relaxed grid pattern to the north and south of the original grids to provide information for potential roadway remediation. Where accessible, there will also be a line of rockline soundings spaced on 5 feet centers advanced along the centerline of the concrete creek channel. Soundings and/or hand powered probings will also be performed adjacent to existing foundation units, where accessible, to provide information relative to the presence of existing voids adjacent to the foundation units which in turn have removed the lateral support for the foundations. Where accessible and permissible, open pits will be excavated with a track hoe to expose the top of bedrock and more accurately define the dimensions and orientation of encountered features. The intact surface of the concrete spill -through slope aprons beneath the bridge deck will be struck with a large hammer along parallel lines spaced 10 feet apart and running parallel to the creek centerline to provide an audible indication if there are voids under the mat or if there is direct contact between the mat and the underlying foundation soils. Areas of anomalous sounds will be noted and reported. Bag samples of the predominant soils encountered will be gathered and returned to Stantec's laboratory for standard engineering classification testing and analysis. All holes will be backfilled with either soil cuttings (if the soil is sufficiently plastic) or bentonite to prevent surface water intrusions. Borings drilled through concrete will be capped with an equal thickness of non -shrink grout or concrete. Detailed surveying (to be performed by others) will accurately locate the plan location, elevation, and orientation of any encountered karst features as well as the presence and condition of any previous remediation efforts. Surveying will also be performed at the location of the quarry highwall which has shown the most water emergence to characterize the exposed karst features which are thought to be connected to the known features under the bridge. The location, elevation, dimensions, and whether or not the feature is currently or has recently been passing water will be recorded by a Stantec engineer or geologist working in concert with the surveyor. A project engineer or geologist will be present on-site during the fieldwork. This person will coordinate field logistics and log the encountered subsurface materials. c: lusersWwhaefer desktoftape glrardeaNcape_gkardeau_scope 25aug2g14.docx 2 Soil materials will be logged by observing the cuttings conveyed to the surface during the drilling process. The soils recovered will be logged with particular attention given to soil type, consistency, color, and moisture content. If a karst feature is encountered during drilling, special attention will be given as to whether or not the feature is soil -filled or contains voids, and if the feature currently contains water. If warranted, additional auger borings or excavation will be used to further delineate specific features encountered. 3.3. Task 3 - Data Compilation and Report Development Upon completion and reduction of all field exploration and surveying data, a report will be developed which identifies the conditions encountered during the investigation, as well as detailed mapping of all karst features encountered. The report will also provide Stantec's opinions as to the probable cause(s) for the sinkhole activity, and recommendations regarding remedial measures to protect the structural integrity of the roadway and bridge from further sinkhole activity. Reportedly the sinkholes are the most active immediately following the raising and lowering of the Cape La Croix creek pool surface by backwater fluctuation from the Mississippi River. This issue of water intrusion into the features from the elevated creek surface will also be addressed, and recommendations for methods of reducing the intrusions into the karst features in the immediate vicinity of the bridge will be offered. 4. Cost and Schedule The total estimated engineering fee for this study is $303,900. The project schedule will be dependent upon access to the site and weather/Mississippi River conditions. It is anticipated that research can be accomplished in two weeks from notice to proceed, and equipment/crews can be mobilized within three weeks of completion of research tasks. Field work is anticipated to last approximately five weeks. Upon completion of field work, data reduction, analyses, drafting, and report development will require approximately four weeks. 0175ftus�Ress_dovolopmouticisyof cape_glrordoou%261rt_praposalslp2_south_aprigg_spaei_raadway_resiw9lio- ikiorlcdpraponkapa_gaardapu_scapa25aup20t4(2)AXX 3 GEOTECHNICAL SERVICES CITY OF CAPE GIRARDEAU -SOUTH SPRIGG STREET ROAD RESTORATION Federal Project No. ER4518(005) ESTIMATE OF COST KJS BW YW JB TIN TM JM NB HOURS Cost Pr1rdlegPM SrA-ble Sr. Civil Eng senior Geologist Geolech Englneer Design CADDTeeh Sergor CADDTech Clerical $ 93,03 $ 67.79 $ 67.99 $ 44.47 $ 34.35 $ 25.00 $ 25.00 S 22.50 SINKHOLE EVALUATION STUDY 1 Research of Existing Information 1 a Review data and Initial project planning 20 40 0 16 40 0 0 0 $ 6,658.92 1 b Revise work plan 4 8 0 4 12 12 0 0 $ 1,804.88 2 Field Investigation 2a Develop Subsurface Exploration Plan 4 4 2 20 S 1,419.82 2b Coordinate Drilling and Sampling Activities 4 4 6 S 655.32 2c Prepare Safety DocumentslDdlling Permits e S 206.28 2d Oversee and Manage Subsurface Exploration 12 14 16 250 S 11,748.26 2e Training 6 S 275.04 2f Soil Samples Handling e S 275.04 2g Miscellaneous Paperwork 8 S 275.04 2h Travel Time 72 S 2,475.36 2i Develop Logs/Boring Layout/ Bedrock Feature Map 24 60 S 2,325.12 2J Review and Documentation of Final Results 3 e 20 20 10 S 2,983.23 2k Intersection with Design team 20 4 4 20 S 3,091.32 21 Interaction with surveyors and mapping of quarry features. 5 40 B S 2,516.99 2m Owing locations end kmst fealuro map 40 6 S 2,053.84 2n Download survey data, Develop Surface 2 e 20 $ 1,179.50 20 Senior Engineer Site Visits 30 S 2,790.90 3 Develop Geotechnical Evaluation Report 3a Compile Drilling and Excavation Data 2 4 4 30 $ 1,666.50 3b Develop Map of Features 4 4 20 24 8 $ 1,936.64 3c Develop Foundation Alternatives for Bridge 4 4 24 $ 1,468.40 3d Develop Conceptual Methods for Reducing Surface Water Flow Into Feats 4 4 16 24 $ 2,179.92 3e Compile Report 2 6 30 16 $ 1,985.80 3f Independent Technical Review 12 8 $ 1,658.68 SUBTOTAL HOURS 122 112 48 130 638 56 78 16 0 SUBTOTAL COST $11,349.66 $7,592.48 $ 3,26352 $ 5,781.10 $ 21,93444 $ 1,400.00 $ 1,950.00 $ 361.60 5 $ 53,632.80 Payroll Home Office Overhead (Labor x 61.95%) $ 33,225.52 General and Administrative Home Office Overhead (Labor x 107.05%) $ 57,413.91 Fixed Fee [12.0%x(Labor +DLOH+GBAOH)j $ 17,312.87 $ 161,584.90 Other Direct Costs: Quantity Unit Unit Price 4.25" Auger Drilling 30 daily dg fee $ 2,200.00 $ 66,000.00 Rock Core Drilling (NQ Diamond Bit - 2" Core) 100 LF $ 37.00 $ 3,700.00 Standard Penetration Tests 5 test $ 2000 $ 100.00 BackFill (grout) 500 LF $ 5.00 $ 2,500.00 Bentonite 784 bag $ 10.00 $ 7,840.00 Natural Moisture Content 10 test $ 15.00 $ 150.00 Sieve and Hydrometer Analysis 10 lest $ 85.00 $ 850.00 Specific Gravity Test 10 lest $ 45.00 $ 45000 Atierberg Limits Test 10 fest $ 60.00 $ 600.00 Unconfined Compression Test for Rock (with Stress Strain) 0 test $ 410.00 $ - Unconfined Compression Test for Rock (Regular) 5 test $ 14000 $ 700,00 Small dozer or Skid Steer for access assistance 15 dally rental $ 1,000.00 $ 15,000.00 Excavator mob, demob, shoring,barricades 1 Lump sum $ 8.00000 $ 8,000.00 Will rigs mob and demob (2 -Single rear axle tuck mounted rigs) 1 Lump sum $ 8,300.00 $ 8,300.00 Utility Truck (four-wheel drive) during Investigation 40 days $ 40.00 $ 1,600.00 Engineer Travel by Pickup Truck during investigation 30 days $ 4000 $ 1,200.00 4WD Utility truck mileage (2 trucks) to/from office to Cape Girardeau 4 times 4800 mile $ 1.25 $ 6,000,00 Pickup truck Mileage 3600 mile $ 0.565 $ 2,034.00 Per Diem Meals (last day of week) 30 person -day $ 5000 $ 1,500.00 Per Diem Meals & Lodging 110 person -day $ 14000 $ 15,400.00 Rock Core Boxes 8 box $ 18.00 $ 14400 Reproduction 1 Lump sum $ 200.00 $ 200.00 SUBTOTAL DIRECT COSTS $ 142,268.00 TOTAL FOR GEOTECHNICAL SERVICES $ 303,852.90 ofes: dhe =3% CONCEPT PHASE ICIVI iL DESIGN, INC. WBEIDBE July 29, 2014 James E. McCleish, PE Vice President Manager, Environmental Engineering Horner & Shrifrin, Inc. 5200 Oakland Ave. St. Louis, MO 63110 (314) 531-4321 RE: Sprigg Street Sinkhole Survey Dear Mr. McCleisch: We are pleased to offer you our proposal for professional services on the above referenced project. We have based our proposal on the information provided and our experiences working on similar projects. T000araohic and Stria Mao Survev (Initial Visit CDI will perform a topographic survey of an 80' wide corridor area inclusive of the bridge and creek. The limits of the corridor survey we be 200' north of the bridge and 100' south of the bridge. In addition, CDI will layout and stake a 20' grid within the corridor and record the staked locations and elevations. CDI will call in a utility locate ticket to have the utilities located through MO One Call and included the marked locations in the topographic survey. CDI will perform the necessary property and Right of Way research to determine the right of way limits along the above defined corridor. No Easement search will be performed by CDI. CDI will produce a completed topographic survey and right of way survey in either a Microstation or Civil 3D format, along with a signed and sealed set of drawings. CDI plans that the initial trip will involve an overnight stay to allow for time to complete the topographic survey, property research and field search and survey for right of way and/or property monuments. Proposed Fee for initial visit: $4500.00 (Including round trip drive time and hotel) 1552 South 7th Street / St. Louis, MO 63104 / 314.863.5570 / www.civildesigninc.com 0.ML DESIGN, INC. WBEIDBE July 15, 2014 Subsequent trip(s) CDI will plan to return to the site to collect post drilled locations and approximately 100 shots on the drilled locations, excavations, and quarry property (location of said shots will be determined at the site visit). CDI assumes that the subsequent trip(s) field work will occur within two eight (total of 16 hours) hour workday, and will require approximately 8 hours of technician time to process and 4 hours of PLS time to review the field work. Proposed Fee for each subsequent visit: $4800.00 (Including round trip drive time and hotel stay) Total Estimated fee for entire project to include three (3) visits: $14,100.00 Thank you for the opportunity. I am looking forward to working on this project. In addition, I have included our standard hourly rates should addition work be required. Sincerely, Ryan McDowell, PLS Land Survey Department Manager Civil Design, Inc. 1552 South 7th Street / St. Louis, MO 63104 / 314.863.5570 1 www.civildesigninc.com August 25, 2014 Horner Shifrin, Inc. 5200 Oakland Ave. St. Louis, MO. 63110-1490 Attn: Mr. Jim McCleish Dear Sir: Listed below are the prices requested: 1. Trackhoe (based on a minimum of 40 hours/week) $ 120.00/hour 2. Trackhoe (based on a minimum of 10 hours/day) $ 150.00/hour 3. Operator Straight Time $ 78.00/hour 4. Operator Overtime $ 102.00/hour 5. General Laborer Straight Time $ 56.00/hour 6. General Laborer Overtime $ 78.00/hour 7. Mobilization & Demobilization (1 time) $ 1,800.00 8. Per Diem (2 People Per Day) $ 265.00 I have also attached a breakdown of our labor and equipment rates for your reference. rh 4�! work c6.'Q.4 t&,i 9k, GQL... 'a,fcetj `Y4s000 4o �. 104C. GC4LL.i } T, 4,V r ,AR -4 kr'U W h , $ W /I y C&M Contractors, Inc. I PO Box 247, Doniphan, MO 63935 1 (573)996-3113 1 Fax: 573-996-3883 O W a J a W cn co 2 Of [--Loov W 0"t M0 IL. a2 r. c�i m It LLI W�pin�Mu� ?OQI�� W J ❑ W J� pUW J U) ❑ W❑ 2 ❑ w p L LJ S ❑LU S W O W } NCO (AN U Coo =�C�O�dO cmc Co C7 Q' (DM U Q wOSIrn� W F- W LL ❑ Q w 16, N U` QV W fid'I O O zLLI 0 0 J Q [L w ❑ ma~Foo z W z = O g LL. 0 5 0 Q° o zIM MNN W 00 m [p NN00 00 0 U) = I O O �I�chO z� W W 0 ti M O m3:=IOO O Q'0000 itCD W 0 UO 0 0 0 J O O <LL O =I N N C o 0 �0000 W 0 0 C7 C) W S ~O � �00o Jm0000 �¢"2 Uo w�uiuiuivi LLo r oo LL <ccoo FUlcoao z Yp000U o " m U— co CON O Q 0000 W �� 0 <�ssss Q 000 °o L):�o6o6c6c6 cr Qo U) w c� Q z zo o a a E dJ } Zoo W E mom?• p �oo > Q U CD S N M W o (n o ❑ ° ° ❑ t z U) moo '6'6 O 12 E2 00-1 -j F- Ol OUI OUI Q OUI `LU W 0 Q N N N L L O O OCD O O O ❑ ❑ MoDOT Missouri Department of Transportation David B. Nichols, Director RECEIVED JUL 16 ypi a July 10, 2014 Melinda Vaughn C & M Contractors, Inc. PO Box 247 Doniphan, MO 63 801 Dear Ms. Vaughn: 105 West Capitol Avenue P.O. Boa 270 Jefferson City, Missouri 65102 573.751.2551 Fax: 573.751.6555 1.888.ASK MODOT (275.6636) The Missouri Department of Transportation (MoDOT) has completed the review of your annual update as a Disadvantaged Business Enterprise (DBE). Based upon the annual update application, it has been determined that your firm remains qualified for participation until July 3, 2015. You will once again be required to complete an annual update next year, at the time of certification anniversary date. You must immediately notify this office of any events or changes related to the management, equipment, scope of work, or any other circumstance affecting the ownership and/or control of your firm. Failure to notify this office of such changes may jeopardize your certification. If you have any questions, please feel free to contact me at (5 73) 751-4309. Sincerely, "%Oow �-K� Fxa4l,"� Tomikia Chalmers Executive Assistant 4i� Our mission is to provide a world-class transportation experience that delights our customers and promotes a prosperous ltlissouri. www.modot.org ATTACHMENT C OVERHEAD RATE BREAKDOWN Fig. 136.4.1 Contract Revised 6/25/13 105 West Capitol Avenue MoDOT P.O. Box 270 Jefferson City, Missouri 65102 Missouri Department of Transportation David B. Nichols, Director May 12, 2014 Ms. Linda R. Hopkins Horner & Shifrin, Inc. 5200 Oakland Avenue St. Louis, MO 63110 Dear Ms. Hopkins: 573.751.2551 Fax: 573.751.6555 1.888.ASK MODOT (275.6636) Thank you for submitting your company's annual financial pre -qualification documents. MoDOT's Audits and Investigations Division has completed the review. Horner & Shifrin, Inc. will be added to the Approved Consultant Pre -qualification List. To view this list, go to www.modot.gov scroll down the page to Consultant Services under the More Links — select Consultant Pre -qualification Requirements — select Approved Consultant Pre -qualification List. When Horner & Shifrin, Inc. enters into a standard contract with MoDOT the overhead rate of 145.60% should be used as a provisional rate until such time as a Federal Acquisition Regulation (FAR) audited overhead rate may become available or a revised financial pre - qualification rate is in effect. Please note this letter is not the result of a MoDOT audit or cognizant review. All companies must submit the required pre -qualification information annually using the most current forms found on the Consultant Pre -qualification Requirements webpage. Failure to comply may result in loss of MoDOT pre -qualification. Financial information should reflect the most recent complete fiscal year and must be submitted no later than six months after the close of that fiscal year. Please remember to review the expiration dates to ensure your company remains in approved status. If you have any questions, please call (573) 751-7446. 4Reellully, Kelly R. Niekamp Audit Manager Audits and Investigations cc: Mary Ann Jacobs -de Our mission is to provide a world-class transportation experience that delights our customers and promotes a prosperous Missouri. www.modot,org Horner & Shifrin, Inc. Overhead Schedule 12131/2013 Financial Stmt Unallowable FAR Total Description GIL Acct Expense. Expense Reference Proposed Direct Labor 601"070_ 3;4477,573 3,477,573 Fringe Benefits Vacation/Holiday/Paid Leave 6010070 530,509 530,509 Payroll Taxes 6110-6150 460,286 460,286 Group Insurance 6330 443,398 443,398 Retirement Plans/ESOP 6200 150,000 150,000 Incentive Payments 6050-6060 271,211 271,211 Seminars/Education 6620-6629 22,724 22,724 Employee Welfare 6310$312 28,227 18,784 1 9,443 Total Fringe Benefits 0.5428. 1,906,355. 18,734 1,887,571 General Overhead Travel 6610+6630 86,202 10,994 1 75,208 Consulting Fees 6650 26,925 26,925 Telephone 6600$610 75,209 75,209 Supplies 6520-6550 77,326 8,321 H 69,005 Repairs & Maintenance 6910-6920 81,306 81,306 Miscellaneous 6750+7120+7130+7140+7150 82,522 65,923 A, E,F 16,599 Utilities 7110 49,413 49,413 Legal & Accounting 7000 53,686 53,686 Dues & Subscriptions 7210.7240 19,496 957 B 18,539 Rent 7300 296,546 296,546 Computer 7700-7705 294,881 221,161 D 73,720 Depreciation & Amortization 7799.7600 103,235 48,446 CD 54,789 Insurance 7410-7430 171,526 171,526 Equipment Rental 7500 84,659 84,659 Other Taxes 7610-7660 13,224 (3,340) J 16,564 Reimbursables 5100-5630 2,332,916 2,332,916 D- Indirect Salary 601OM70 2,047,019 35,020 G, H 2,011,999 Total General Overhead 0.9132 5 896,08.9 2,720,398 3,175,692 Total Indirect Cost 5,0.63,263 Percent of Direct Labor 1.4560 145.60% A: Advertising/Contributions B: Lobbying C: Goodwill D: Direct Cost E: Interest & Penalty F: Costs to Correct Defects G: Premium Portion of Overtime H: Trade Show Labor/Expense I: Social Activities J: Federal Income Tax MoDOT Missouri Department of Transportation David B. Nichols, Director September 6, 2013 Mr. Edgar Pedregosa Stantec Consulting Services, Inc. 50 West, 23 Street New York, NY 10010 Dear Mr, Pedregosa: 105 West Capitol Avenue P.O. Hoa 270 Jeffbrson City, Missouri 65102 573.751,2551 Fox. 573.751,6555 1,888.ASK MODOT (275,6636) Thank you for submitting your company's annual financial pre -qualification documents. MoDOT's Audits and Investigations has completed the review, Stantec Consulting Services, Inc, will be added to the Approved Consultant Pre -qualification List. To view this list, go to www.modot, orovv scroll down the page to Consultant Services under the More Links — select Consultant Pre -qualification Requirements — select Approved Consultant Pre -qualification List. When Stantec Consulting Services, Inc. enters into a standard contract with MoDOT the overhead rate calculations of 169,00% for the home office rate and for the field office rate of 134,49% should be used until a revised financial pre -qualification rate is in effect. Please note this letter is not the result of a MoDOT audit or cognizant review. All companies must submit the required pre -qualification information annually. Failure to comply may result in loss of MoDOT pre -qualification. Financial information should reflect the most recent complete fiscal year and must be submitted no later than six months after the close of that fiscal year. Please remember to review the expiration dates to ensure your company remains in approved status. If you have any questions, please call (573) 751-7446. Respectfully, Christie Martin Senior Auditor Audits and Investigations cc: Mary Ann Jacobs -de Our mission to to provide a worl"laos transportation experience that delights our customers and promotes a prosperow Afissouri, wwwmodot.org ATTACHMENT D 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. 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. 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. 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 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 Fig. 136.4.1 Contract Revised 6/25/13 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, 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. Fig. 136.4.1 Contract Revised 6/25/13 ATTACHMENT E CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION --LOWER TIER COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms 'covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. The prospective lower tier participant agrees by submitting this proposal that, should the proposed 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 with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 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. 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 normally possessed by a prudent person in the ordinary course of business dealings. Fig. 136.4.1 Contract Revised 6/25/13 Except for transactions authorized under paragraph 5 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 with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transactions 1. The prospective lower tier participant 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. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Fig. 136.4.1 Contract Revised 6/25/13 Attachment F Disadvantage Business Enterprise Contract Provisions 1. Policy: It is the policy of the U.S. Department of Transportation and the Local Agency that businesses owned by socially and economically disadvantaged individuals (DBE's) as defined in 49 C.F.R. Part 26 have the maximum opportunity to participate in the performance of contracts financed in whole or in part with federal funds. Thus, the requirements of 49 C.F.R. Part 26 and Section 1101(b) of the Transportation Equity Act for the 21 st Century (TEA -21) apply to this Agreement. 2. Obligation of the Engineer to DBE's: The Engineer agrees to assure that DBEs have the maximum opportunity to participate in the performance of this Agreement and any subconsultant agreement financed in whole or in part with federal funds. In this regard the Engineer shall take all necessary and reasonable steps to assure that DBEs have the maximum opportunity to compete for and perform services. The Engineer shall not discriminate on the basis of race, color, religion, creed, disability, sex, age, or national origin in the performance of this Agreement or in the award of any subsequent subconsultant agreement. 3. Geographic Area for Solicitation of DBEs: The Engineer shall seek DBEs in the same geographic area in which the solicitation for other subconsultants is made. If the Engineer cannot meet the DBE goal using DBEs from that geographic area, the Engineer shall, as a part of the effort to meet the goal, expand the search to a reasonably wider geographic area. 4. Determination of Participation Toward Meeting the DBE Goal: DBE participation shall be counted toward meeting the goal as follows: A. Once a firm is determined to be a certified DBE, the total dollar value of the subconsultant agreement awarded to that DBE is counted toward the DBE goal set forth above. B. The Engineer may count toward the DBE goal a portion of the total dollar value of a subconsultant agreement with a joint venture eligible under the DBE standards, equal to the percentage of the ownership and control of the DBE partner in the joint venture. C. The Engineer may count toward the DBE goal expenditures to DBEs who perform a commercially useful function in the completion of services required in this Agreement. A DBE is considered to perform a commercially useful function when the DBE is responsible for the execution of a distinct element of the services specified in the Agreement and the carrying out of those responsibilities by actually performing, managing and supervising the services involved and providing the desired product. D. A Engineer may count toward the DBE goal its expenditures to DBE firms consisting of fees or commissions charged for providing a bona fide service, such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, materials or supplies required for the performance of this Agreement, provided that the fee or commission -is determined by MoDOT's External Civil Rights Division to be reasonable and not excessive as compared with fees customarily allowed for similar services. E. The Engineer is encouraged to use the services of banks owned and controlled by socially and economically disadvantaged individuals. 5. Replacement of DBE Subconsultants: The Engineer shall make good faith efforts to replace a DBE Subconsultant, who is unable to perform satisfactorily, with another DBE Subconsultant. Replacement firms must be approved by MoDOT's External Civil Rights Division. Fig. 136.4.1 Contract Revised 6/25/13 6. Verification of DBE Participation: Prior to final payment by the Local Agency, the Engineer shall file a list with the Local Agency showing the DBEs used and the services performed. The list shall show the actual dollar amount paid to each DBE that is applicable to the percentage participation established in this Agreement. Failure on the part of the Engineer to achieve the DBE participation specified in this Agreement may result in sanctions being imposed on the Commission for noncompliance with 49 C.F.R. Part 26 and/or Section 1101(b) of TEA -21. If the total DBE participation is less than the goal amount stated by the MoDOT's External Civil Rights Division, liquidated damages may be assessed to the Engineer. Therefore, in order to liquidate such damages, the monetary difference between the amount of the DBE goal dollar amount and the amount actually paid to the DBEs for performing a commercially useful function will be deducted from the Engineer's payments as liquidated damages. If this Agreement is awarded with less than the goal amount stated above by MoDOT's External Civil Rights Division, that lesser amount shall become the goal amount and shall be used to determine liquidated damages. No such deduction will be made when, for reasons beyond the control of the Engineer, the DBE goal amount is not met. 7. Documentation of Good Faith Efforts to Meet the DBE Goal: The Agreement goal established by MoDOT's External Civil Rights Division. The Engineer must document the good faith efforts it made to achieve that DBE goal, if the agreed percentage specified is less than the percentage stated. Good faith efforts to meet this DBE goal amount may include such items as, but are not limited to, the following: A. Attended a meeting scheduled by the Department to inform DBEs of contracting or consulting opportunities. B. Advertised in general circulation trade association and socially and economically disadvantaged business directed media concerning DBE subcontracting opportunities. C. Provided written notices to a reasonable number of specific DBEs that their interest in a subconsultant agreement is solicited in sufficient time to allow the DBEs to participate effectively. D. Followed up on initial solicitations of interest by contacting DBEs to determine with certainty whether the DBEs were interested in subconsulting work for this Agreement. E. Selected portions of the services to be performed by DBEs in order to increase the likelihood of meeting the DBE goal (including, where appropriate, breaking down subconsultant agreements into economically feasible units to facilitate DBE participation). F. Provided interested DBEs with adequate information about plans, specifications and requirements of this Agreement. G. Negotiated in good faith with interested DBEs, and not rejecting DBEs as unqualified without sound reasons, based on a thorough investigation of their capabilities. H. Made efforts to assist interested DBEs in obtaining any bonding, lines of credit or insurance required by the Commission or by the Engineer. I. Made effective use of the services of available disadvantaged business organizations, minority contractors' groups, disadvantaged business assistance offices, and other Fig. 136.4.1 Contract Revised 6/25/13 organizations that provide assistance in the recruitment and placement of DBE firms. 8. Good Faith Efforts to Obtain DBE Participation: If the Engineer's agreed DBE goal amount as specified is less than the established DBE goal given, then the Engineer certifies that the following good faith efforts were taken by Engineer in an attempt to obtain the level of DBE participation set by MoDOT's External Civil Rights. Fig. 136.4.1 Contract Revised 6/25/13 Attachment G — Fig. 136.4.15 Conflict of Interest Disclosure Form for LPA/Consultants Local Federal -aid Transportation Projects Firm Name (Consultant): Horner & Shifrin, Inc. Project Owner (LPA): City of Cape Girardeau Project Name: South Sprigg Street Roadway Restoration Project Project Number: ER Project 1518(005) As the LPA and/or consultant for the above local federal -aid transportation project, I have: 1. Reviewed the conflict of interest information found in Missouri's Local Public Agency Manual (EPG 136.4) 2. Reviewed the Conflict of Interest laws, including 23 CFR § 1.33, 49 CFR 18.36. And, to the best of my knowledge, determined that, for myself, any owner, partner or employee, with my firm or any of my sub -consulting firms providing services for this project, including family members and personal interests of the above persons, there are: No real or potential conflicts of interest If no conflicts have been indentified, complete and sign this form and submit to LPA ❑ Real conflicts of interest or the potential for conflicts of interest If a real or potential conflict has been identified, describe on an attached sheet the nature of the conflict, and provide a detailed description of Consultant's proposed mitigation measures (if possible). Complete and sign this form and send it, along with all attachments, to the appropriate MoDOT District Representative, along with the executed engineering services contract. LPA Printed Name: Signature: Date: Consultant Printed Name:James E. McCleish, P.E. U Date: '711 a ll Fig. 136.4.1 Contract Revised 6/25/13 Fig. 136.4.1 Contract Revised 5M Staff: Casey Brunke P.E., City Engineer Agenda: 9/8/2014 SUBJECT A Resolution authorizing the City Manager to execute a Right -of -Entry for Dredging Support Operations for the U.S. Army Corps of Engineers, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The City of Cape Girardeau is in receipt of a request from the U.S. Army Corps of Engineers to allow them to use City property at Mississippi River Miles 52.0 (R) and 54.2 (R) for parking, access, and/or docking during their dredging operations this year. The City has allowed the Corps to use City property in the past for dredging support. FINANCIAL IMPACT There is no foreseen financial impact by allowing the Corps to enter upon City property for their dredging operations. If City property would happened to be damaged as a result of the Corps operations, per the right -of - entry, the Corps would repair the damage or make an appropriate settlement with the City. STAFF RECOMMENDATION Staff recommends that the Council approve a Resolution authorizing the City Manager to sign the Right -of - Entry for the U.S. Army Corps of Engineers for Dredging Support Operations in the Mississippi River. ATTACHMENTS Name: Description: ❑ Dredging -Army Corps of Eng.doc Right -of -Entry Resolution ❑ Right-of-Entry.pdf Right -of -Entry ❑ City of Cape dredge locations1df Location Map BILL NO. 14-137 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RIGHT -OF -ENTRY FOR DREDGING SUPPORT OPERATIONS FOR THE U.S. ARMY CORPS OF ENGINEERS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Right -of -Entry for Dredging Support Operations for the U.S. Army Corps of Engineers, in the City of Cape Girardeau, Missouri. 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 DEPARTMENT OF THE ARMY RIGHT -OF -ENTRY FOR DREDGING SUPPORT OPERATIONS River Miles: 52.0(R)& 54.2(R) Mississippi River Activity: Parking - Access - Docking The undersigned, hereinafter called the "Owner," hereby grants to the UNITED STATES OF AMERICA, hereinafter called the "Government," a permit or right -of -entry upon the following terms and conditions: 1. The Owner hereby grants to the Government an irrevocable right to enter upon the lands hereinafter described at any time through January 31, 2015, pertaining to Dredge Support activity. 2. All tools, equipment, vehicles, and other property taken upon or placed upon the land by the Government shall remain the property of the Government and may be removed by the Government at any time within a reasonable period after the expiration of this permit or right -of -entry. 3. This permit includes the right of ingress and egress. 4. The Government shall have the right to patrol and police the lands hereinafter described during the period of this permit or right -of -entry. 5. If any action of the Government's employees or agents in the exercise of this right -of -entry results in damage to the real property, the Government will, in its sole discretion, either repair such damage or make an appropriate settlement with the Owner. In no event shall such repair or settlement exceed the fair market value of the fee title to the real property at the time immediately preceding such damage. The Government's liability under this clause is subject to the availability of appropriations for such payment, and nothing contained in this agreement may be considered as implying that Congress will at a later date appropriate funds sufficient to meet any deficiencies. The provisions of this clause are without prejudice to any rights the owner may have to make a claim under applicable laws for any damages other than those provided for herein. 6. The land affected by this permit or right -of -entry is located in Cape Girardeau County, State of Missouri. WITNESS MY HAND this UNITED STATES OF AMERICA day of , 2014. By: SIGNATURE: Real Estate Division US Army Corps of Engineers St. Louis District 1222 Spruce Street St. Louis, MO 63103-2833 314-331-8164 NAME: Scott Meyer City Manager COMPANY: City of Cape Girardeau ADDRESS: P.O. Box 617 Cape Girardeau, MO 63702 PHONE: 573- � 33q- u3ZO U.S. ARMY CORPS ENGINEERS UPPER MISSISSIPPI RIVER MISSISSIPPI VALLEY DIVISION 4�� , " � /I— -a 3f T's QP It I�O. I CAPE 1 GIRARDEAU WATER INTAKE LIGHT 54 Cape Rock Daybeacon� 1 54.1 I� ,r 54 I I I I O D OO / HO° CAPE GIRARDEAU 1 / SAND LIGHTS (2) 53 uUu D❑ • /53 � RED AR ACCESS"RAMP / D� 177 O ' NORTH MAIN ` ST , LEVEE U\/ O O CAPE GIRARDEAU-GAGE O • 52 �C \\E� G I,R AR- D E A� 0 U � 177 OO�O 3� 1� ��MO DSY() DOCK 51.3 Picayune Chute MINTON POINT ILL;TNOIS LEXA=NDER COUNTY EAST CAPE GIRARDEAU & CLEAR CREEK DRAINAGE DISTRICT EAST CAPE GIRARDEAU 146 O � L GIBONEY ISLAND O `51 • 74 O O 5 O O O \ o O O�DO�DOO � 00 O OOO 6 ITAPCO-MISS LIGHTS (2l) 50.5 7 $ o, u'2 CONSOLIDATED p, c� GRAIN & BARGE ' 1 o DOCK 50.5 \ C \ APE BEND CHUTE MISSOURIO U CAPE GIRARDEAUO \ COUNTY 10 BIOKYOWA •� LIGHT 49.9 - 0 • 50 LONE STAR INDUSTRIES LIGHT 49.8 MARQUETTE ISLAND • 4 ST. LOUIS ENGINEER DISTRICT �� 49 ` , I •` i j ` ♦ ` ♦ ` SOUTHEAST ISSOURI PORT AUTHORITY MEMPHIS ENGINEER o� Cape LaCroix DISTRICT ��° Daybeacon 48.5 m I S S 0 UDR I SCOjTT O COUNTY 3 2011 BUOY POSITIONS ON CHARTS ARE SCALE : 1" = 2000 CHART NO. 149 APPROXIMATE, SEE NOTICE IN LEGEND 0 2,000 4,000 6,000 et RIVER MILE 048 to 054 Staff: Molly Hood, AICP, Assistant City Agenda: Manager - Development Services 9/8/2014 SUBJECT A Resolution authorizing the submittal of a Historic Preservation Certified Local Government Grant Application for the 2015 Missouri Preservation Conference. EXECUTIVE SUMMARY Missouri Preservation, the state historic preservation agency, has requested the City of Cape Girardeau submit a Historic Preservation Certified Local Government Grant Application for the 2015 Missouri Historic Preservation Conference. BACKGROUND/DISCUSSION Missouri Preservation, the state historic preservation agency, has requested the City of Cape Girardeau submit a Historic Preservation Certified Local Government Grant application for the 2015 Missouri Historic Preservation Conference. As a Certified Local Government, Cape Girardeau will receive the grant funding and subsequently reimburse Missouri Preservation for producing the conference after all financial reporting is completed. FINANCIAL IMPACT There will be minimal financial impact to the City who will serve as the recipient of the grant funds. The City will reimburse Missouri Preservation for producing conference. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS As the host city for the 2015 Missouri Historic Preservation Conference, we have the opportunity to showcase the City's rich history and highlight successful preservation efforts in the region. STAFF RECOMMENDATION Staff recommends the reading and passage of the attached Resolution authorizing the submittal of a Historic Preservation Certified Local Government Grant Application for the 2015 Missouri Historic Preservation Conference. ATTACHMENTS: Name: 0 Historic Grant App 2014.doc Description: Grant Resolution BILL NO. 14-138 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO SUBMIT AN HISTORIC PRESERVATION CERTIFIED LOCAL GOVERNMENT GRANT APPLICATION FOR THE 2015 MISSOURI PRESERVATION CONFERENCE, AND TO EXECUTE ALL NECESSARY GRANT DOCUMENTS 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 submit an Historic Preservation Certified Local Government Grant Application for the 2015 Missouri Preservation Conference, in the City of Cape Girardeau, Missouri. The City Manager is also authorized hereby to execute all necessary Grant Documents. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT A Resolution authorizing the City Manager to execute an Agreement with Joe Grojean Excavating, Inc., for the demolition of a building located at 818 North Fountain Street, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached resolution authorizes the City Manager to execute a contract with the lowest bidder for the demolition of a condemned structure at 818 North Fountain Street. BACKGROUND/DISCUSSION A structure at 818 North Fountain Street has been declared a "dangerous building" per Chapter 7, Article VII of the City Code. A public hearing was held on November 28, 2011. The Building Supervisor issued an order to demolish the structure with the latest deadline being August 8, 2014. To date, the property owners have not taken action to comply with the orders. As provided for in the Code, the City may cause the structure to be demolished and a special tax bill issued for the cost of the demolition. The proposed demolition of one structure was advertised, and five bids were received. A copy of the Tabulation of Bids is attached along with the contract. The bids ranged from $4,399.00 to $8,000.00. Joe Grojean Excavating, Inc. submitted the lowest bid. References have been submitted and approved. FINANCIAL IMPACT The City will use funds from the condemnation budget to pay for the work covered by the contract. A special tax bill will issued for the cost. STAFF RECOMMENDATION Staff recommends approval of the resolution authorizing the execution of the demolition contract for 818 North Fountain Street. ATTACHMENTS: Name: Description: ❑ Demolition 818 North Fountain.doc 818 N Fountain Res ❑ Demolition Contract Joe Groiean Excavating Inc..pdf Demolition Contract Joe Grojean Excavating, Inc. ❑ Tabulation foBids-818 North Fountain Street.pdf Tabulation of Bids 818 North Fountain Street BILL NO. 14-141 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOE GROJEAN EXCAVATING, INC., FOR THE DEMOLITION OF A BUILDING LOCATED AT 818 NORTH FOUNTAIN STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Joe Grojean Excavating, Inc., for the demolition of a building located at 818 North Fountain Street, 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 DEMOLITION CONTRACT This agreement, entered into this day of _,2014, byand between the City of Cape Girardeau, Missouri, a Municipal Corporation, hereinafter referred to as "City", and Joe Grojean Excavating, Inc., 9865 State Hwy 25, Cape Girardeau, MO 63701, hereinafter referred to as "Contractor." In consideration of the mutual covenants contained herein and other good and valuable consideration, City and Contractor agree as follows: Contractor shall totally demolish the following building: 1. 818 North Fountain Street a. Remove 1'/Z story wood frame residence with basement. (Log cabin framework) b. Remove large storage shed in the rear yard. C. Remove top and fill cistern. d. Remove the concrete driveway, front concrete steps and all concrete slabs e Remove six (6) metal poles, two(2) metal clothes line poles and stone well. f. Remove all footing and foundations from all of the structures and break up the basement floor. g. Bury the concrete and stone on the site with a minimum of 2 ft. of fill. h. Remove all rubbish and debris. Haul to an approved land fill. i. Fill, grade, seed and straw the site. 2. All debris and rubbish shall be removed from the demolition site and deposited at a site satisfactory to the City. All holes left by removal of the foundations shall be filled with good dirt, free of debris, and compacted to a density equal to the surrounding ground. Dirt required forfilling any holes shall be obtained at a site satisfactory to the City Engineer. Contractor will be responsible for any damage done to the sidewalks, alleys or streets adjoining the property. All utilities shall be disconnected prior to demolition. Contractor shall take all necessary care to protect nearby buildings, drives, motor vehicles, and all adjoining property, and the Contractor is to leave same in condition equal to that which now exists. 3. Contractor shall provide all labor and materials, and furnish and direct at its own expense, whatever equipment or work may be necessary for the expeditious and proper execution of its duties under this contract. 4. Contractor shall secure, at its own expense, all permits, licenses and consents required bylaw or necessary to perform this work and will give all notices and pay all fees and otherwise comply with applicable city, county and state laws, ordinances, rules and regulations. 5. Should Contractor at anytime refuse or neglect to supply adequate materials or equipment or a sufficient number of properly skilled workmen, or fail in any respect to prosecute the work with promptness and diligence, orfail to perform any of the agreements of this contract, City may, at its election, immediately terminate this agreement, giving notice to Contractor in writing of such election, and enter on the premises and take possession for the purpose of completing the work included under this agreement, and may employ any other person or persons to finish the work and to provide the materials therefor at the expense of Contractor. 6. Contractor shall indemnify City from all claims, demands, suits and actions of every name and description brought against the City for or on account of any injuries or damages received or sustained by any parties by or as a result of the acts or omission of Contractor, his servants or agents, in doing the work herein described, or by or as a result of any negligence in guarding the same, or on account of any improper equipment or materials utilized in performing the work. 7. Contractor shall prior to commencing work furnish to City a certified check or a surety bond, the form of the bond and surety company to be approved by the City, in the amount of Four Thousand Three Hundred Ninety-nine Dollars ($4,399.00), conditioned on the performance by Contractor of all its duties hereunder. 8. Contractor agrees to file with the City prior to commencement of work, a certificate of insurance naming the City as coinsured and showing that the Contractor has in force for a period equal to the period of the contract a policy of general liability insurance insuring Contractor against liability for personal injuries and property damage arising out of the contract in a minimum amount of $100,000.00 for injury or damage to any one person and $2,000,000.00 for injuries or damages received in any one accident. Contractor agrees to provide and maintain during the entire term of the contract and until final acceptance of the work by the City, workers compensation insurance for all of its employees at the site of the work. 9. Upon satisfactory performance by Contractor of its duties underthis contract, and acceptance of said work by the City Engineer, City will pay Contractor the sum of Four Thousand Three Hundred Ninety-nine Dollars ($4,399.00). 10. Time is of the essence of this agreement and Contractor agrees to begin working within ten (10) days after the date of this contract and to complete the work within forty-five (45) days, and in case the contract is not completed within this length of time, - 2 - excepting extensions granted to the Contractor for delays caused by conditions beyond his control, Contractor will pay the City for damages the sum of Fifty Dollars ($50.00) per day for each day over forty-five (45) days it is required to complete the work covered under this contract. 11. Contractor shall not assign or sublet this contract or any portion thereof without the prior written consent of the City. 12. Failure of the City to insist in any one or more instance on a strict performance of all of the terms or conditions of this contract, or to exercise any right herein contained, shall not be construed as a future waiver or a relinquishment of the provisions or rights, but the same shall continue and remain in full force and effect. None of the terms or conditions of this contract shall be altered, waived, modified or abandoned in any manner except by written instrument executed by both parties. IN WITNESS WHEREOF, the parties have executed this agreement at Cape Girardeau, Missouri, the day and year first above written. ATTEST: Gayle L. Conrad, City Clerk ATTEST: [Typed Name of Secretary] CITY OF CAPE GIRARDEAU, MISSOURI Scott A. Meyer, City Manager Joe Grojean Excavating,lnc. Joe Groiean [Typed Name of Signer] - 3 - E E m =1 z z V + U U N U IL CL :8 i � c co � N o m C '� CD = 4 - O O_ O a N E n m z E E m =1 z z V + U U N U IL CL 0 0 o � � o sk co U Vt Staff: Casey Brunke P.E., City Engineer Agenda: 9/8/2014 SUBJECT Ordinance to amend Traffic Schedule A of Section 26-228 of the City Code, by amending speed limits on Kingshighway. EXECUTIVE SUMMARY Ordinance to amend Traffic Schedule A of Section 26-228 by amending speed limits along Kingshighway from Interstate 55 exit 99 to Interstate 55 Exit 93. BACKGROUND/DISCUSSION MoDOT received a request from the Cape Girardeau Chamber of Commerce regarding the speed limits along Kingshighway. The City and MoDOT have spoken several times over the years regarding some of the "hot spot" locations brought to our attention from concerned business owners. MoDOT decided to perform a comprehensive speed limit review for the I-55 Business Loop (Exit 99 to Exit 93), known in Cape Girardeau as Kingshighway. After MoDOT discussed their findings with staff, it is recommended the speed limits be modified. Existing conditions and proposed speed limits are attached. Please note staff received a corrected map from MoDOT after the August 18, 2014 Council Meeting. The map shows speed limits are not proposed to change south of the Kingshighway/Bloomfield intersection. Speed limit ordinances are being updated for the entire length of Kingshighway for clarity in the traffic schedule. FINANCIAL IMPACT The changing of the traffic schedule will require no direct funding. MoDOT personnel will make the signage changes. STAFF RECOMMENDATION Staff Recommends that the City Council amend Schedule A of the Traffic Ordinance as stated in the summary attachment as it relates to Kingshighway. ATTACHMENTS Name: Description: ❑ Kingshighway Speed Changes 2014 revised.doc Kingshighway Speed Limit ❑ Cape Girardeau—US 61 - Speed_Zones.Idf Existing Conditions and Proposed Limits ❑ Kingshighway Ord Info.doc Kingshighway Ord Info BILL NO. 14-123 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE, BY AMENDING SPEED LIMITS ON KINGSHIGHWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI. AS FOLLOWS: ARTICLE 1. That portion of Schedule A of Section 26-228 of the Code of Ordinances of the City of Cape Girardeau, Missouri, which established the following electric traffic control signals: N. Kingshighway (North City Limits to end of divided highway) -55 MPH N. Kingshighway (end of divided pavement to Kurre) - 50 MPH N. Kingshighway (Kurre to Hopper) - 45 MPH Kingshighway (Hopper to William) - 35 mph Kingshighway (William to Gerhardt Streets) - 45 MPH South Kingshighway, Gerhardt Street to South Kingshighway, referred to as Old US 61 - 55 MPH South Kingshighway, South Kingshighway, referred to as Old US 61 to Interstate 55 - 55 MPH ARTICLE 2. Schedule A of Section 26-228 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing speed limits on Kingshighway in the City of Cape Girardeau, Missouri, at the following locations: Kingshighway (Interstate 55 at exit 99 to 160 ft north of Boulder Crest Drive) - 55 MPH Kingshighway (160 ft north of Boulder Crest Drive to 625 ft north of Cape Rock Drive) - 45 MPH Kingshighway (625 ft north of Cape Rock Drive to 525 ft south of Good Hope Street) - 35 MPH Kingshighway (525 ft south of Good Hope Street to 115 ft south of Gerhardt Street) - 45 MPH Kingshighway (115 ft south of Gerhardt Street to Interstate 55 at exit 93) - 55 MPH 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 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 , 2014. Harry E. Rediger, Mayor WOOD[.9 M Gayle L. Conrad, City Clerk �deH �g s dq,� Q HRIaD, .g \r SPEED ^ s s € •�� LIMIT ®�\\ 55 D m.Ra o g slvacamprern F 9 Sr"" Or De,dynla �n i US 61 ry cwHam,Or e°g " Existing Speed ,� _ a^ne,n Or a P' Z" � Zones <n c 'He "°zona � aE 4m D. - 'b D= cemerervaln aS15pu, V ""`h^^M 4� oD, 4 n Dr leaiM 'd i $ '$n tle addlery 9 ESIren Or $% Or m CopmdN 04 4 s Or HI.,e,a k" lym,"^dHI, Or SPEED LIMITAw EP, 50 1 o E Y V "06 2 kcMra.`Ee Lr' Or e c o _ a A S c.anneq "� pv°` y 2 Fry md.vranre ; P c % Ir HER/< elram mg „ �nndr D. inH - 4 xage Rd SPEED e e o• LIMIT R�k,�adOr Os'p, Park �g W 45 D,"d, ol omlewoe O� Pearert 4 z Scivally s'k rte1 Dr Pa,k Py Cgpe P vary tlew Rd , H Etd eS � '_ Pao, Rmse ws & o .. ^� or n9eY 4Or uHE, Pupe,Bd c,"V Rwa 'iawn.O z ., ora '® /oo9wi rd xWMr Rd. pp,'USrn _ inr y w pm raesrcm e,s>? , H'� 5e,d w ao Da :<� o ; ra;mdaw” z mm.mD, a" cVveOR o QAW R" MoePW Rd 4m1 .� Rad,hlm D, } qv H^w.rN Meadmvin GntlY r ^ G,e^e6♦ O^vdP WeAm Pue & n pd �t G ^RR^A chakau O,HAPH 1H '.J n9rem5t D A rL y q `d,'PI 71 Mad ou�,e In 2��pe <emarerv' J eu , E 4Pen11 IPH r `x e. a Bray reiv I4 oh W ,vl� xr g+waywkk'arvv V 3 1 he Or i Mena Park E Q t a s t Thamu yy a �YrhI'I NIm4vIYq� ° my S W rR S�M'4 8 ,av &, esr OR. e,�,eew SPEE Ioa D = FV — /LIMIT (m Pwm;=.r Sr�'� w Pon EP \h Rd D INFmdmuS, J5 ] — Wnhenfl m PIPE Or aSs 3 {{, • , Salm rra. wesrn rm.`1 N :a, PgIHdIlthsrn 2 3GIII HIP,A y IN b"mfip Targea K.crrWSB r on^eI • RE) JCP�np Hen, .^ wenpam mail _ ¢ xm a TIR P xo�rO �Y '£ ie. mP rr '. cr# owes b Adnan ry • 3 n sp1 911145r 3 Or Akhmcnd D, Cd' rH SPEED LIMIT 45 �® - .nee PkYy B -t— C¢bQµ RA SC° Pw'm O, w wrtal Or� Speed Zone Change Continuous SB Log Mile Location From To 55 50 286.216 355 feet North of Boulder Crest Dr 50 45 287.404 At Kurre Ln 45 35 288.160 115 feet South of Rodney Dr 35 45 289.380 215 feet South of William St 45 55 290.647 115 feet South of Gerhardt St 1000,01 250 Pd i 60V e^rro,de Ord, aD m D, l Ire Or i cwnvuv eb i N2 c ,PcerRe , �wD, p PRI, Dr Y s q LB4 Drer Crew bn IR 04 s Or Dee. Creek Rd 5 SPEED 5a.w campmw LIMIT aft,e, O 55 De�_n °s b, wn. US 61 om Proposed Speed a 3Mn R�.a ,=H,re.; Renne,F O, a Ya+en„D, Zones IademyOr nS1 SPm V ase Rtl A°tl orF x D 661e,Rde t Wren 0, h m ca° - I 34 a Lymr„]XIIIr D, Le ... gbn Aw M. 'Ff°r o o gS 6 CM1eea\`te .nDe O.LeeO• n ^SPEED x-Ma.m,eA,°' aD a — •w,, la. SrherA n ° LIMIT P - f =NIIro Kneed, Pae D. r� ° y 45 D: ;SF a Q F c $ x Itmw e _ t em,wu,e 0. (),,q, Park a^'n Orsrftol Dermis omlewoe DR &averts+Dr L4 rD. R SRon,,Y Rak O, W few valley Vlew Is, Jftay D DDS de Iw e % Eagle Redq, D, o uv 14 or Eawn Z .+. de yeanq # D 'fey,be` - a`. rv,qull to n"D, e H,PPeree Pte, Ra _ H. M ¢ Pea,, nee St rest0 Ard -O a 6 °'y P g w vmWra, O, A Or 6 3 o"Ra, D, c' o Oual Ruv 4 M,pper Rd RarcproD, hORaf P,.. E ^ Dryw,ve W 3i Gw N LEeum Me & Y G Punw, 5 CFakau Or f J` <emerery 49"rr A ^ ywgµaaM Mae me vue,e Ln 'i.are Gindraift eau D ,= q.Lbra - K11161W 6 aCx WrlIr e w ACanreRan. to r3 E lune NPenD w Arena Rorkt g ie ie D, 3 8 = 0 Mlm„aw a Them, �aThaeP Ree dwa F st M� s"swneM sa aoSnftd e,mee„ywz SPEED o z� "oto Re,e 5t _ - LIMIT --a► *Fem;at"e"" L„ me.5, 35 red Ra Speed Zone Chmge Continuous SB Log Mile Location From To 55 45 286.280 160 feet North of Boulder Crest Dr 45 1% RIMY 0.rvawn re 625 feet North of Cape Rock Dr 35 45 289.534 525 feet South of Good Hope St 45 55 290.647 115 feet South of Gerhardt St ft�aa v Swr v eE.nu. s ,imraa.,mem.a canna, - ° ed �.aY.. \ - warnedr- en`¢b ., _ 3"evw rvaPe seaws.v 15 aIµeOv CL `q S S .. aRbotmfie a, racer o - - 5 _ JCPpnney wen P.mmai - 5 otl i a ¢Rene M..A For �m F E Ie a IN - N¢ -e bwnMi 9 W 4a.to, Mvn,gCvm, mmRY slks a39. SPEEDIN be 4 , g LIMIT.i Eam n.w Rbmm'na0, a ° 45 " Qw— rem o ^ S aea¢ - -i Shawnee Pkwy ;, Sa 'WUStFial Or RWmns nae 4 Speed Zone Chmge Continuous SB Log Mile Location From To 55 45 286.280 160 feet North of Boulder Crest Dr 45 35 288.324 625 feet North of Cape Rock Dr 35 45 289.534 525 feet South of Good Hope St 45 55 290.647 115 feet South of Gerhardt St ^ afRa r F SPEED LIMIT 55 "� N,anubum SNt� emRn,are nNe -... I v, l000daeYaa ctzso m ° a ., ®m,auieaftncftri.ea, ®auxen. Kingshighway Ordinance Info Schedule A — Speed Limits REPEAL MAN -1414 01-03-79 4. N. Kingshighway (North City Limits to end of divided highway) - 55 MPH 5. N. Kingshighway (end of divided pavement to Kurre) - 50 MPH 6. N. Kingshighway (Kurre to Hopper) - 45 MPH 7. Kingshighway (Hopper to William) - 35 MPH INDIWW11I 41Iffv lir�04EP' 1. Kingshighway, William to Gerhardt Streets - 45 MPH. REPEAL CHA-2972 2-19-02 3. South Kingshighway, Gerhardt Street to South Kingshighway, referred to as Old US 61 - 55 MPH. 4. South Kingshighway, South Kingshighway, referred to as Old US 61 to Interstate 55 - 55 MPH. NEW ORDINANCES 1. Kingshighway (Interstate 55 at exit 99 to 160 ft north of Boulder Crest Drive) — 55 MPH. 2. Kingshighway (160 ft north of Boulder Crest Drive to 625 ft north of Cape Rock Drive) — 45 MPH. 3. Kingshighway (625 ft north of Cape Rock Drive to 525 ft south of Good Hope Street) — 35 MPH. 4. Kingshighway (525 ft south of Good Hope Street to 115 ft south of Gerhardt Street) — 45 MPH. 5. Kingshighway (115 ft south of Gerhardt Street to Interstate 55 at exit 93) — 55 MPH. Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT 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 301 and 305 Mill Street, in the City and County of Cape Girardeau, Missouri, from R-4 to RUMD. EXECUTIVE SUMMARY The attached ordinance rezones the property at 301 and 305 Mill Street. A public hearing to consider the rezoning request is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been submitted to rezone the property at 301 and 305 Mill Street from R-4 (Medium Density Multifamily Residential) to RUMD (Residential Urban Mixed Density). The City recently vacated the Lorimier Street right-of-way adjacent to the property's east side. The rezoning request includes the western half of the vacated right-of-way, which is now owned by the applicant. The immediately surrounding properties are zoned R-4 (Medium Density Multifamily Residential) to the north, east, south, and west, and PD (Planned Development) to the northeast. This area is characterized by single-family and multifamily residential uses. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as High Density Residential. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The proposed RUMD district permits all of the same uses that are permitted in the R-4 district (except a commercial day care), plus additional types of residential uses such as single-family and two-family (duplex) dwellings. Although the surrounding properties are zoned R-4, most of them contain single-family dwellings. Special uses in the RUMD district include personal service and retail establishments, restaurants and bars, pet grooming, offices, and public utilities. Based on the urban character of this area, the proposed RUMD district is reasonable and conforms to the existing uses and value of the surrounding properties. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on the rezoning request at its August 13, 2014 regular meeting, and recommended approval with a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 17, 2014. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. ATTACHMENTS: Name: ❑ Rezone -301-305 Mill Street.doc ❑ Staff Review -Referral -Action Form.W ❑ Map - 301-305 Mill Street Zoning.pdf ❑ Map - 301-305 Mill Street FLU.pdf ❑ Application -301 Mill Street_Rezoningpdf ❑ R-4.pdf ❑ RUMD.pdf Description: 301-305 Rezone Ordinance 301 & 305 Mill St - Staff RRA Form 301 & 305 Mill St -Zoning Map 301 & 305 Mill St - FLU Map 301 & 305 Mill St - Rezoning Application R-4 District Regulations RUMD District Regulations BILL NO. 14-127 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 301 AND 305 MILL STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO RUMD WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from R-4, Medium Density Multifamily Residential District, to RUMP, Residential Urban Mixed Density District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, September 8, 2014, and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-4, Medium Density Multifamily Residential District, to RUMP, Residential Urban Mixed Density District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-4, Medium Density Multifamily Residential District, to RUMP, Residential Urban Mixed Density District, for the following described property: Lots 13 and 14 of Ingram's Addition Range "M" in the City of Cape Girardeau, Section 32, Township 32 North, Range 14 East of the Fifth Principal Meridian, Cape Girardeau County and the Western half of the vacated Lorimier Street Right -of -Way as recorded in Document number 2014-08354. Article 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of an RUMP, Residential Urban Mixed Density District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding 1 properties. Article 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1311 WK -A Vy- "tPylaw two LOCATION: 301 & 305 Mill Street Jack Young has requested to rezone property at 301 & 3 ) 05 Mill Street from the R-4 (Medium Density Multi -family Residential) District to the RUMD (Residential Urban Mixed Density) District. SEE STAFF REPORT FOR FURTHER INFORMATION City Planner City Attorney -7 ILI Date 6atef CITY AL4NAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION. Tly Manager Date Planning &Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: RECOMMENDED A CTION: Trae Bertrand Larry Dowdy Jeff Glenn Bill Hinckley Randy Kluge VOTE COUNT: CnAJAJFVT,�- Favor Oppose Abstain Lj 11i Ll Lj Ld' L3 F1 S' j Lj Ef /" J F1 La" Lj L3 Favor Ralph Maxton Scott McClanahan Doug Spooler Tom Welch C:_ Oppose 08/13/14 Fav Oppose Abstain Ll Lj City Council Action Posting Dates: Sign Newspaper !S 14- Public Hearing Date: C( <71 � �� Ordinance 1St Reading Cl -6 Ordinance 2nd & 3rd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Ll I" Ll L) La, Lj Ll Abstain City Council Action Posting Dates: Sign Newspaper !S 14- Public Hearing Date: C( <71 � �� Ordinance 1St Reading Cl -6 Ordinance 2nd & 3rd Reading: VOTE COUNT: Favor Oppose ORDINANCE # Effective Date: Rezoning Request - 301/305 Mill Street Requested Rezoning: R4 from R-4 (Medium Density Multi -family Residential) District to RUMD (Residential Urban Mixed Density) District. ,- Future Land Use Recommendation: High Density Residential R4 � t o 602 , R4 611 � _ CO R4 A? ALL 0 J R4 304 a R4 R4 R4 300 Mill St R4 R4 R4 d� R4 510 V R4 �� L - J-.' M LANDMARKS N W E S 0 37.5 75 150 Fee W PD PD R4 Legend + Area to be Rezoned Parcels 500 Zoning District City of Cape Girardeau LANDMARKS Division of Planning Services PD GIS Data GeoElye, i -cub R4 July 29, 2014 uses, ser Community Rezoning Request - 301/305 Mill Street Requested Rezoning: from R-4 (Medium Density Multi -family Residential) District to RUMD (Residential Urban Mixed Density) District. Future Land Use Recommendation: High Density Residential 611 LL 602 Medium Density Residential E J 600 310 320 318 304 300 534 524 Mill St 520 Mixed Us] 510 N W E S 37.5 75 150 Feet 301 High Density Residential Institutional 500 City of Cape Girardeau Division of Planning Services GIS Data July 29, 2014 233 231 Legend OArea to be Rezoned Parcels FLU Recommendation High Density Residential - Institutional - Medium Density Residential - Mixed Use REZONING SPECIAL USE PERMIT APPLICATION CITY Of CAPE GIRARDEAU -6327 DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339 0 WINSAUT W H6117 19 1 ILI I 11 5, ON I 11WRIKI a - I OFFICE USE ONLY ,4 Date Received Planning & Zoning Commission Recommendation City Council Final Action ------ ---- Application continues on next page IS Date File Number . . . . . . . . . . Special Use Criteria (Special Use Permit requests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS n addition to this application, the following items must be submitted: REQUIRED VApplication fee ($126.00 payable to City of Cape Girardeau) One (1) list of names and mailing addresses of adjoining property owners One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property One (1) full size site plan, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) One (1) reduced size (8-1/2" x 11") copy of the plat/survey (and site plan, if applicable) One (1) set of Planned Development documents (Planned Development rezonings only) x4am I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. I/we understand and acknowledge that in addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve (12) months of the approval datqlo'Nhe permit will become void, unless an extension has been granted. Own e-YSign 4ure V V /111*' 1 Date 111W I I I vill 11 re 1 IN I III! relax -M-1111 Applicant Signature (if other than Owner) Date rem Shrimplin, Ryan From: Prominence Realty <Young @P romi nence Realty. com> Sent: Saturday, July 26, 2014 7:07 PM To: Shrimplin, Ryan Subject: RE: Rezoning - 301 & 305 Mill St M Absolutely! I assumed that an vacated street took on the zoning classification of the property to which it was being attached. Do I need to modify the rezoning request? I will rewrite it anyway and resend it just in case staff will want it included in the application. From: Shrimplin, Ryan [mailto:rshrimplin@CityofCapeGirardeau.org] Sent: Friday, July 25, 2014 1:42 PM To: young@prominencereaIty.com Cc: Peters, Carol Subject: Rezoning - 301 & 305 Mill St Jack, Please confirm that you wish to include the western half of the vacated Lorimier Street right-of-way, which you now own., as part of your rezoning request. Thank you, Ryan Shrimplin, AICP City Planner CITY q CAPE GIRARDEAU 401 Independence Street Cape Girardeau, MO 63703 (573) 339-6327 office (573) 339-6303 fax rshrimpi,i,np,cityofcapeqirardeau.org The message included with this e-mail and any attached document(s) contain information from the City of Cape Girardeau. This information is intended to be for the use of the addressee named in this e-mail. If you are not the addressee, note that any disclosure, photocopying, distribution or use of the contents of this e-mail information is prohibited. If you have received this e-mail in error,, please notify us immediately by telephone at (573) 339-6327. Thank you. 1 I 0 to M a W00 tD uj CL C.). a) CO ro U) CL D vvg ed P4 LICO) 00 z N z 00 P4 C14 CN E-4 zu Z Z 2 < W rTw fw d UJ 00 cj 6 U- 0 C3 Z— ca ui c'! foi 0 E-4 CO M < W�4 0-4 z 0 U5 m E-4 z V) z Z < W 0 u 0 cr :c U) a u (L� *Q Z—<S9 W W Z OZ V-4 pq 0 -!4 cri z 0 E-4 Na LAJ M Lu uj 0 z > Z u in 0 0 U LU -i 04 r4 0-4 W F - Z wW :g z — 0 0 E-4 L -0 V-4 —mob --Mao --so —amm —was 0 co v —mom =NOUN= g '.4 z 0. E-4 MAI .09 a31"1a0,1 0 I 0 to M a W00 tD uj CL C.). a) CO ro U) CL D vvg ui ;PZW LICO) 00 CO N (n N z 00 ZE 0 z C14 CN 38 zu Z Z 2 < U fw d UJ 00 cj 6 U- 0 C3 Z— ca ui c'! foi to w rl- 0 W V) z w C) — Z 0 ui > C., uu,) 0 < En U) aLL.' c! U) LO LU;E .. 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Z Ix 4 cn CL a V) < Z V) M Ix V) v 0 a Z CK m U9 z C.) 2i 2 ir o 0- CL 8 ' (x Z cr uj Ln Lq 2 x 0 Le Le W- 1/1 00 6 < < jE V uj C7 LLI -i .z C4 H 4 6 6 r: w 6 6 .: Cv 1-i Sec. 30325. - R-4, medium density multifamily residential district. (a) (b) Purpose. This district is intended to accommodate multifamily residential developments at maximum densities of up to eighteen (18) units per acre. New single-family detached dwellings are not permitted in order to ensure that vacant land set aside for multifamily development is not preempted by less intensive development. Certain other structures and uses necessary to serve governmental, educational, institutional, commercial and recreational uses are allowed. Permitted uses. (1) Multifamily dwellings. (2) Townhouses. (3) Cluster subdivisions, as permitted in chapter 25 of the City Code. Nursing homes, senior citizen housing and retirement homes. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary, middle and secondary schools, or development centers for elementary, middle and secondary school age children with handicaps or development disabilities, on a minimum of five (5) acres. Commercial day care. Permitted uses (accessory). (1) (2) Private garages, carports and accessory buildings, as permitted in section 30- 403, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Bed and breakfasts. (2) Cemeteries, on a minimum of ten (10) acres of land. (3) Transitional housing. (4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations. (5) Residential treatment facilities. (6) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (e) Height, area, bulk and setback regulations. (1) Maximum Height: Five (5) stories not to exceed sixty (60) feet. (2) Minimum Lot Area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. All other uses: Three thousand seven hundred fifty (3,750) square feet. (3) Maximum Density. Eighteen (18) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted by chapter 25 of the City Code. (4) Minimum Lot Width: a. Each townhouse: Twenty (20) feet. b. All other uses: None. (5) Minimum Yard Requirements: a. Front yard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty-five (25) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty-five (25) feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five (5) feet. (6) Maximum Building Coverage, including accessory building: Fifty (50) percent of the lot for all uses except townhouses. (f) (g) Open space, landscaping and bufferyard requirements. For any multifamily residential uses or nonresidential uses: (1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) (3) Landscaping shall be provided as required in chapter 25 of the City Code. A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) Sec. 30327. - RUMD, residential urban mixed density district. (a) (b) Purpose. This district is intended to provide for moderate density residential development with a mixture of housing styles and densities with a maximum twelve (12) units per acre. These developments are characterized by single-family dwellings along with lowto medium density multifamily residential structures, such as duplexes, townhouses or multifamily areas. It provides regulation to encourage innovative forms of housing development. It adapts to both established and developing neighborhoods, as well as being a transition between single-family and multifamily areas. It intends to provide for the stability of the existing residential development located in the areas of the city, while accommodating a range of compatible residential densities. This district should be located convenient to commercial uses and employment centers. Permitted uses. (1) Single-family detached dwellings. (2) (10) Duplexes, two-family dwelling units. Multifamily dwellings. Townhouses. Cluster subdivisions, as permitted in chapter 25 of the City Code. Noncommercial, not-for-profit residential neighborhood facilities, including indoor and outdoor recreational facilities, community centers, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Public parks, playgrounds and recreational facilities. Police and fire stations. Elementary and middle schools or development centers for elementary and middle school age children with handicaps or development disabilities, on a minimum of five (5) acres of land. Home for eight (8) or fewer unrelated mentally or physically handicapped persons, including no more than two (2) additional persons acting as house parents or guardians who need not be related to each other or to any of the handicapped persons residing in the home, provided that: a. The exterior appearance of the home and property shall reasonably conform to the exterior appearance of other dwellings and property in the neighborhood, and b. Such home shall not be located closer than three hundred seventy (370) feet to any other such home. A private resident licensed by the Missouri Division of Family Services or Missouri Department of Mental Health to provide foster care to one (1) or more, but less than seven (7), children who are unrelated to either foster parent by (c) blood, marriage or adoption, provided that all applicable building and safety codes are met and an occupancy permit is issued therefor. Permitted uses (accessory). (1) Private garages, carports and accessory buildings, as permitted in section 30- 403, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. Home day cares, with no more than (4) unrelated children in a twenty-four (24) hour period, as permitted in section 30-408, supplemental regulations. In home elderly care, with a maximum of three (3) persons as permitted in section 30-411, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses (1) Personal service establishments including, but not limited to, beauty parlors, barber shops, dry cleaning and laundry pick-up, shoe repair, self-service laundromats, express or mailing offices. (2) Retail establishments which supply convenience and specialized goods and services, including, but not limited to, groceries, bakery, package liquor, books, candy, dairy products, drugs, flowers, gifts, jewelry, hobby materials, meat, fish and poultry, news stands, wearing apparel, shoes, clothing, toys, pipe and tobacco and video rental. (e) Restaurants and bars, excluding drive-in, pick-up, or drive-thru facilities. Pet grooming with sales of pet grooming products. The following are prohibited: overnight pet stays, the sale or breeding of pets, and kennels. Offices. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards. (1) No individual retail store, personal service establishment or other permitted use shall have a gross floor area greater than three thousand five hundred (3,500) square feet. (2) Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters shall be located at the rear of the building and properly screened as required in chapter 25 of the City Code. (3) All structures in this district shall be constructed using materials, surfaces, textures, and colors that are compatible with the surrounding residential development. Consideration shall also be given to the scale, orientation and (f) proportion of surrounding development. Design review shall be performed as part of the site plan review. (4) Lighting shall be designed to be directed away from any adjacent residential area. Height, area, bulk and setback requirements. (1) Maximum Height: a. When side yards are less than fifteen (15) feet in width, two and one- half (2%) stories not to exceed thirty-five (35) feet. b. When side yards are fifteen (15) feet in width or greater, three (3) stories, not to exceed forty-five (45) feet. (2) Minimum Lot Area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. Duplexes, three thousand seven hundred fifty (3,750) square feet per unit. C. Single-family, five thousand (5,000) square feet. d. Multifamily, three thousand seven hundred fifty (3,750) square feet. (3) Maximum Density. Twelve (12) units per one (1) acre. Higher densities may be approved with a cluster subdivision as permitted in chapter 25 of the City Code. (4) Minimum Lot Width: a. Each townhouse: Twenty (20) feet. b. Each duplex: Twenty (20) feet. C. All other uses: Thirty (30) feet. (5) Minimum Yard Requirements: a. Front yard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty (20) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty (20) feet. (g) C. Side yard: 1. Each townhouse: None. 2. All other uses: Three (3) feet. Open space, landscaping and bufferyard requirements. (1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT 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 890 South Kingshighway, in the City and County of Cape Girardeau, Missouri, from M-2 to M-1. EXECUTIVE SUMMARY The attached ordinance rezones the property at 890 South Kingshighway. A public hearing to consider the rezoning request is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been filed to rezone the property at 890 South Kingshighway from M-2 (Heavy Manufacturing/Industrial District) to M-1 (Light Manufacturing/Industrial District). The immediately surrounding properties are zoned M-2 (Heavy Manufacturing/Industrial District) to the north, east, and south, and M-1 (Light Manufacturing/Industrial District) to the west. This area is characterized by light industrial uses and retail uses with outdoor sales. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as General Commercial. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The proposed zoning district is the same as that of the properties to the west, across Kingshighway. Furthermore, the properties immediately adjacent to the subject property, although zoned M-2, contain light industrial uses and retail uses with outdoor sales, which are more appropriate for the M-1 district. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its August 13, 2014 regular meeting, recommended approval of the rezoning request with a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 17, 2014. In addition, a sign containing the date, time, location, and subject of the public hearing was posted on the property. ATTACHMENTS: Name: Description: ❑ Rezone -890 S Kingshighway.doc 890 S. Kingshighway - Rezone Ord ❑ Staff Review -Referral -Action Form.pdf 890 S Kingshighway - Staff RRA Form ❑ 890 S Kingshighway Zoning Map.pdf ❑ 890 S Kingshighway FLU_Map.pdf ❑ Application -890 S Kingshighway REZ.pdf ❑ M-2.pdf ❑ M-1.pdf 8905 Kingshighway-Zoning Map 890 S Kingshighway - FLU Map 890 S Kingshighway - Rezoning Application M-2 District Regulations M-1 District Regulations BILL NO. 14-128 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 890 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM M-2 TO M-1 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from M-2, Heavy Manufacturing/Industrial District, to M-1, Light Manufacturing/Industrial District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, September 8, 2014, and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from M-2, Heavy Manufacturing/ Industrial District, to M-1, Light Manufacturing/Industrial District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present M-2, Heavy Manufacturing/ Industrial District, to M-1, Light Manufacturing/ Industrial District, for the following described property: A PARCEL OF LAND LOCATED IN U.S.P.S. NO. 222 IN TOWNSHIP 30 NORTH, RANGE 13 EAST FURTHER DESCRIBED AS FOLLOWS: START AT THE SOUTHEAST CORNER OF FRACTIONAL SECTION 12; THENCE NORTH 84 DEG. 6' WEST 525.3 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE ONWARD NORTH 84 DEG. 06' WEST 385.0 FEET FOR A CORNER IN THE NORTHWEST LINE OF U.S. HIGHWAY 461; THENCE NORTH 49 DEG. 14' EAST 249.1 FEET FOR A CORNER; THENCE NORTH 77 DEG. 02' EAST 208.0 FEET FOR A CORNER; THENCE SOUTH 1 DEG. 55' 58" WEST, 249.05 FEET TO THE POINT OF BEGINNING. Article 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present 1 time particularly suitable for the purposes and uses of an M-1, Light Manufacturing/ Industrial District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Article 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1300 LOCATION: 890 South Kinashiahwa City At ey Date CITY MANAdiR REFERRAL TO THE PLANNING AND ZONING COMMISSION: ity Manager Planning &Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: RECOMMENDED A CTION.- Favor Oppose Abstain 1)(ate Trae Bertrand Planning &Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: RECOMMENDED A CTION.- Favor Oppose Abstain Trae Bertrand a," Ll Ll Ralph Maxton Larry Dowdy La' F-1 L3 Scott McClanahan Jeff Glenn L;r F-1 J Doug Spooler Bill Hinckley LI/ L3 Lj Tom Welch Randy Kluge all' Lj Ll Is VOTE COUNT: Favor Oppose C" AJAIF WN - CITIZENS COMMENTING AT MEETING: 08/13/14 Favor Oppose Abstain I I A City Council Action Posting Dates: Sign Newspaper Public Hearing Date: Ordinance 1St Reading- Ordinance 2nd & 3'"d Reading: VOTE CO=1 ORDINANCE # Effective Date: ml_= :. Rezoning Request - 890 South Kingshighway Requested Rezoning: from M-2 (Heavy Manufacturing/Industriall) District to M1 84 M-1 (Light Manufacturing/Industrial) District. Future Land Use Recommendation: General Commercial M1 851 1 M1 861 y Y aJ °4ntq` burn RQ r M2 890 M2 Elf ` 2121 M2 .2115 M2 M2 sr.. a M2 M2 Legend Irl O 890 South Kingshighway V r Parcels i 910 Zoning District r M2 M1 S City of Cape Girardeau M2 „ Division of Planning Services 130 260 520 Fee GIS Data 0 R1 June 24, 2014 Rezoning Request - 890 South Kingshighway from Future 861 Requested Rezoning: M-2 (Heavy Manufacturing/Industrial) District to M-1 (Light Manufacturing/Industrial) District. Land Use Recommendation: General Commercial 851 913 N W E S Fnra M City of Cape Girardeau Division of Planning Services GIS Data June 24, 2014 Southern Legend Q 890 South Kingshighway Parcels FLU Recommendation General Commercial High Density Residential - Light Industrial = Mixed Use m� 903 m r 913 N W E S Fnra M City of Cape Girardeau Division of Planning Services GIS Data June 24, 2014 Southern Legend Q 890 South Kingshighway Parcels FLU Recommendation General Commercial High Density Residential - Light Industrial = Mixed Use REZONING SPECIAL USE PERMIT APPLICATION �'�A CITY Of CAPE G I RAR D EAU * DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Locatio'n 890 South Kinashiahwav Applicant (including Contact Name) Property Owner of Record (if other than Applicant) Marvin Glyn Ferrel Jr. Mailing Address City, State, Zip Mailing Address City, State, Zip P.O. Box 72 Benton, MO 63736 Telephone Email I Telephone Email (573) 545-4114 homeacceptancel@gmai.com Type of Request: Rezoning, Special Use, Permit,, or Both (Attach additional owners information if necessary) Rezoning Existing Zoning District Proposed Zoning District (Rezoning requests only) M-2 I M-1 Legal description of property to be rezoned and/or upon which the special use is to be conducted A PARCEL OF LAND LOCATED IN U.S.P.S. NO. 222 IN TOWNSHIP 30 NORTH, RANGE 13 EAST FURTHER DESCRIBED AS FOLLOWS: START AT THE SOUTHEAST CORNER OF FRACTIONAL SECTION 12; THENCE NORTH 84 DEG. 6' WEST 525.3 FEET FOR A POINT OF BEGINNING; THENCE CONTINUE ONWARD NORTH 84 DEG. 06' WEST 385.0 FEET FOR A CORNER IN THE NORTHWEST LINE OF U.S. HIGHWAY #61; THENCE NORTH 49 DEG. 14' EAST 249.1 FEET FOR A CORNER; THENCE NORTH 77 DEG. 02' EAST 208.0 FEET FOR A CORNER; THENCE SOUTH 1 DEG. 55,58" WEST, 249.05 FEET TO THE POINT OF BEGINNING. Describe the proposed use of the property Potential vehicle retail sales lot. Application continues on next page OFFICE USE ONLY I &D Date Received By Z)Z22:�s File Number. L0101 %.MOP, Planning & Zoning Commission Recommendation City Council Final Action Date Date Rpvir,pri R/R/?nl? Special Use Criteria (Special Use Permit requests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5.) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS in addition to this application, the following items must be submitted: REQUIRED Application fee ($126.00 payable to City of Cape Girardeau), One (1) list of names and mailing addresses of adjoining property owners One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property - One (1) full Size site plan, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures) paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) HOne (1) reduced size (8-1/2)) x 11))) copy of the plat/survey (and site plan, if applicable) one (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. I/we understand and acknowledge that in addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve (12) months of the approval date or the permit willbecom"pid, unless an extension has been granted. Owner knature,,-" Date Owner Signature,) Date I certify that I am an Agent authorized by the Property Owner(s) of Record to file this application on their behalf. Applicant Signature (if other than Owner) Date Rpvir,pri R/R/901 ? 8 1 0 0 3 0 9 Tx; 4061252 GENERAL WARRANTY DEED THIS DEED, made and entered into this day of May, 2014, by and between KKDT Ferrell Real Estate, LLC, a Missouri Limited Liability Company, of the County of Scott, State of Missouri, Grantor, and Marvin Glyn Ferrell, and Kimberly K. Ferrell, Husband and Wife, of the County of Scott, State of Missouri, Grantees. GRANTEES' MAILING ADDRESS: P.O. Box 72, Benton, MO 63736. WITNESSETH, that the said Grantor, for and in consideration of the sum of Ten DOLLARS AND OTHER GOOD AND VALUABLE CONSIDERATION paid by Grantees, the receipt of which is hereby acknowledged, do by these presents, GRANT, BARGAIN AND SELL, CONVEY AND CONFIRM unto the Grantees, the following described real estate, situated in the County of Cape Girardeau and State of Missouri: A parcel of land located in U.S.P.S. No. 222 in Township 30 North, Range 13 East further described as follows: Start at the Southeast corner of fractional section 12; thence North 84 deg. 6' West 525.3 feet for a point of beginning; thence continue onward North 84 deg. 06' West 385.0 feet for a corner in the Northwest line of U.S.. Highway #61; thence North 49 deg. 14' East 249.1 feet for a corner; thence North 77 deg. 02' East 208.0 feet for a corner; thence South 1 o 55'58" West, 249.05 feet to the point of beginning. It is the intention of this warranty deed to convey those premises above described and which are the subject of an instrument entitled "DETERMINATION OF COMMON BOUNDARY" by and between Charles L. McBride and Doris E. McBride, his wife, and River City Mobile Homes, Inc., a Missouri corporation, and which is dated October 19, 1987. (Description furnished) TO HAVE AND TO HOLD the same, together with all rights and appurtenances to the same belonging, unto the Grantees, and to the heirs, representatives and assigns of Grantees forever. The said Grantor hereby covenanting that its successors and assigns shall and will WARRANT AND DEFEND the title to the premises unto the Grantees and to the heirs, representatives and assigns of Grantees forever, against the lawful claims of all persons whomsoever, excepting, however, the general taxes for the calendar year 2014 and thereafter, and special taxes becoming a lien after the date of this deed. IN WITNESS WHEREOF, the undersigned has executed these presents this day of May, 2014. KKDT Ferrell Real Estate, LLC Karissa Williams, f/k/a Karissa K. Ferrell, Manager STATE OF MISSOURI ss. COUNTY OF SCOTT '#n this 'FO� day of May, 2014, before me personally appeared Kariss-ii, Williams, f/k/a Karissa K. Ferrell, to me known, who, being by me duly sworn, did say that she is the Manager of KKDT Ferrell Real Estate, LLC, a Missouri Limited Liability Company, and that said instrument was signed on behalf of said LLC, and that Karissa Williams, f/k/a Ka�issa K. Ferrell, acknowledged said instrument to be the free act and deed of said LLC. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my officia[,$, seal in the County and State aforesaid, the day and year first above written. Notary Public - My Commission Expires: TEISHA N. LEDURE Notary Public, Notary seal State of Missouri Scott County Commission # 11906637 My Commission Expires July. 21, 2015 A41 joining_PrLc)perties 1) McBride Mack Sales, Inc. 10466 Brayfield Rd. Carbondale, IL 62901 2) Tractor Trailer Supply Company 2525 Natural Bridge St. Louis, MO 63107 3) South Kingshighway Investments, LLC. 2408 Terrie Hill Cape Girardeau, MO 63701 4) Snider Edward & Lurlyne L Trust 434 Lorraine Cape Girardeau, MO 63701 5) John A Heuer 1422 Parkmor Drive Cape Girardeau, MO 63701 �0 Ed 0 ti cn +A6.lD t m .® Ll a) 0 a) tQ CO C'7 r oocaods ��z e m Z Z Z Z Z o MOM 0 LL It � u www��' m 0 co ch Y Q 4 Q Q< ui s W 9 0 CL Ll. d. Q- a- N ICL , . Z C) r 4 o �ZW wZ= " 0 M 0 r N Z qq.V a0c) o o o 0 o Z N Z 0 Z p w Z Z Z Z Z Z :3 O 08_ LL Y Y Y Y Y D V)�i r o❑❑ O O a N ' ww w w w w O w w w w w w Z �� < 0QQZ¢ZZZZddZ - ZOCC�`l� Z 0 QQ44Q�C ui C J J J _! J w - ui w w w w w w ---ZZZZ.Z'Z Q W w w w w w w +A6.lD .® 1 3 ��z 1 MOM 0 LL It m 0 co ch i ,i ui s W 9 r ICL , . Z C) r 4 o �ZW wZ= r a0c) Z N Z 0 Z r z :3 O 08_ LL V)�i r �r i V_ r 1 o r o 1 1 �1 r + i 1 L09 *ON -3,9Vd - X07 'ON >009 3<31N99" ":q Gl�JOCJ V-1 S-DINVH� ,J,lN2WNO=4 X10 MON 90'6PP09 f% I *0460Y (m M99 Ogg 0 to to CIF) ED w uj WWLL < 0 ' c) (Y LL U3 (y v 1 i i CY) Cy ui LLJ < C) Cd C6 CC M 0 z F - :0 D CO CO z Li 01 D Cr- LIJ arm W cf) 3: z UJ c,/m R C—D 0 w< a 0 oF, 0 :3 w 0 U) cr. 0 0 C� 0 LL cf) 0 U. 0 w w �'- 1 L) / O w Z 0 UL D Cd LL 0 U) u w L—L D z < too O ago z z UJ uj I �'D (Y < C) LL Z IN Sec. 30336. - M-2, heavy manufacturing/industrial district. (a) (b) Purpose. This district is intended for heavy industrial uses and many other uses which are not otherwise provided for in the other industrial district. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts, whenever possible. Good accessibility should be provided to major rail, air facilities and highways. Permitted uses. (1) Manufacturing, fabrication, assembly, processing, or packaging of any commodity, except: facilities producing or processing explosives or flammable gases or liquids, animal slaughtering, meat packing, or rendering, sulphur plants, rubber reclamation plants, steel mills, foundries or smelters. (2) Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing and binding establishments. Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, and any business and sales offices accessory thereto. Bulk storage of flammable liquids for wholesale, subject to the provisions of the city and state fire codes. Central mixing plants for cement, asphalt, or paving material. The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, however, any bulk storage of extraction material or overburden, any processing or extraction machinery, and the open face of any cut, shall be at least twenty-five (25) feet from the property line. Heavy machinery and equipment sales, rental and service. Junk yards, scrap and salvage yards. Manufacturing and production of paving, roofing and other construction material, using asphalt or petroleum based coatings or preserving materials. Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and nonferrous metals. Recycling center. Vehicle fueling stations, including service, repair, body and fender repair, and paint shops. Wastewater and water treatment facilities. Terminals for trucks, buses, rail and watercraft. (c) Marina or dock. Permitted uses (accessory). (1) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use. Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Collection and transfer facilities for hazardous wastes, and solid wastes that contain hazardous substances from off-site sources. (2) Jails, prisons or detention facilities. (e) Telecommunication tower, as permitted in section 30-404, supplemental regulations. Excursion gambling boat or floating gambling facility, as permitted in section 30- 409, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) No junk yard, scrap, or salvage yard shall be located within five hundred (500) feet of any residential use. (3) Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) (2) (3) Maximum Height: Forty (40) feet, excluding silos, smoke stacks, and dust collection systems. Minimum Lot Area: None. (g) (h) (4) Minimum Lot Width: None. Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: None, except on a lot abutting a residential district or use there shall be a side yard of not less than twenty (20) feet on the side of the lot abutting the residential district or use. Maximum Building Coverage: None. Open space, landscaping and bufferyard requirements. (1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) (3) Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30335. - M-1, light manufacturing/industrial district. (a) (b) Purpose. This district is intended primarily for uses engaged in light manufacturing, assembly, fabrication, warehousing, wholesaling and retail trade, and service operations which conduct all activities within a building with no external impact or effect. This district is intended to serve as a transition between more intense industrial development and commercial, office, or multifamily residential development. Permitted uses (1) Light manufacturing facilities. (2) Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing, electrical, heating, plumbing and binding establishments. Health and fitness centers. Cemeteries. Commercial day cares. Funeral homes and mortuaries. Government buildings and uses, including police and fire stations. Heavy machinery and equipment sales, rental and service. Offices, administrative, business, finance and professional. Public and private parks, playgrounds, and golf courses, including miniature golf courses and driving ranges. Public service and public utility uses as follows: a. Wireless facilities. b. Water reservoirs, water standpipes, and elevated and ground -level water storage tanks. Industrial schools and business schools. Miniwarehouse or self -storage units. Residential treatment facilities. Television and radio studios including any transmitting facilities. Veterinary clinics, animal hospitals, and kennels. (17) (18) (19) (20) (21) (22) (23) (c) (d) Warehouses, storage and distribution centers. Vehicle fueling stations, including service, repair, body and fender repair, and paint shops. Recycling centers. Marina or dock. Transitional housing. Restaurants and bars. Retail, including vehicle sales. Permitted uses (accessory). (1) (2) (3) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use. Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Emergency shelters, transitional service shelters for fifty (50) or fewer residents. (2) (e) Single -wide or double -wide, manufactured home or manufactured business unit for office purposes only. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Excursion gambling boat or floating gambling facility, as permitted in section 30- 409, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (f) (g) (2) (3) (4) (5) All storage shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or adjoining property. Any outdoor storage shall be at least one hundred (100) feet from any residential zoning district or use. No building shall be used for residential purposes, except for a night watchman or a caretaker employed on the premises. Utilitarian areas such as loading docks, mechanical equipment, storage areas, mechanical and electrical equipment, and dumpsters shall be located in the rear or side yard of the building. Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) Maximum Height: Forty (40) feet excluding silos, smoke stacks, and dust collection systems. Minimum Lot Area: None. Minimum Lot Width: None. Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: None, except on a lot abutting a residential district there shall be a side yard of not less than ten (10) feet on the side of the lot abutting the residential district. Maximum Building Coverage: None. Open space, landscaping and bufferyard requirements. (1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT 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 902 South Kingshighway, in the City and County of Cape Girardeau, Missouri, from M-2 to M-1. EXECUTIVE SUMMARY The attached ordinance rezones the property at 902 South Kingshighway. A public hearing to consider the rezoning request is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been filed to rezone the property at 902 South Kingshighway from M-2 (Heavy Manufacturing/Industrial District) to M-1 (Light Manufacturing/Industrial District). The immediately surrounding properties are zoned M-2 (Heavy Manufacturing/Industrial District) to the north, east, and south, and M-1 (Light Manufacturing/Industrial District) to the west. This area is characterized by light industrial uses and retail uses with outdoor sales. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as General Commercial. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The proposed zoning district is the same as properties to the west, across Kingshighway. Furthermore, the properties immediately adjacent to the subject property, although zoned M-2, contain light industrial uses and retail uses with outdoor sales, which are more appropriate for the M-1 district. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on the rezoning request at its August 13, 2014 regular meeting, and recommended approval with a vote of 8 in favor, 0 in opposition, and 0 abstaining. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 17, 2014. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. ATTACHMENTS: Name: Description: 0 902 S Kingshighway.doc 902 S. Kingshighway Rezone Ord ❑ Staff Review -Referral -Action Form.pdf ❑ 902 S Kingshighway Zoning_Map.pdf ❑ 902 S Kingshighway FLU_Map.pdf ❑ Application - 902 South Kingshighway REZ.pdf ❑ M-2.pdf ❑ MM-1.pdf 902 S Kingshighway - Staff RRA Form 902 S Kingshighway- Zoning Map 902 S Kingshighway - FLU Map 902 S Kingshighway - Rezoning Application M-2 District Regulations M-1 District Regulations BILL NO. 14-129 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 902 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM M-2 TO M-1 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from M-2, Heavy Manufacturing/Industrial District, to M-1, Light Manufacturing/Industrial District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, September 8, 2014, and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from M-2, Heavy Manufacturing/ Industrial District, to M-1, Light Manufacturing/Industrial District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present M-2, Heavy Manufacturing/ Industrial District, to M-1, Light Manufacturing/ Industrial District, for the following described property: A tract of land situated in Survey 173, Township 30 North, Range 12 East, in Cape Girardeau County, Missouri,• containing .968 acres, more or less, described as follows: Commence at the Southeast corner of Fraction Section 12 on the North line of Survey 173, Township 30 North, Range 12 East; thence North 84° 06' West, along the north line of Survey 173, 245.0 feet; thence South 22° 15' West, 742.0 feet; thence North 67° 00' West, 501.6 feet for the point of beginning; thence continue North 67° 00' West, 260.0 feet to the East right-of-way line of Highway 61: thence North 21° 27' East, along said right-of-way line, 115.0 feet: thence North 81° 27' East, 110.8 feet; thence South 67° 00' East, 164.0 1 thence South 21° 27' West, 173.0 feet to the point of beginning. Article 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of an M-1, Light Manufacturing/ Industrial District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. Article 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk 2 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1307 LOCATION: 902 South Kinashiahivq-, City Attorney Date er Date Planning &Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: 08/13/14 RECOMMENDED A CTION.- Favor Oppose Abstain Fa2y Oppose Abstain Trae Bertrand 21, D J Ralph Maxton Ll Ll Larry Dowdy J J rp Scott McClanahan ❑ Ll J JeffGlennua(, Lj ❑ Doug Spooler Lj L3 Bill Hinckley J J Tom Welch Ll Ll Randy Kluge J Ll VOTE COUNT: Favor C Oppose Abstain City Council Action Posting Dates: Sign Newspaper —11—j' Public Hearing Date. - Ordinance I" Readin Ordinance 2"d & 3 rd Reading: VOTE COUNT: Favor Oppose Abstain ORDINANCE # Effective Date: Rezoning Request - 902 South Kingshighway Requested Rezoning: from M-2 (Heavy Manufacturing/Industriall) District to M1 84 M-1 (Light Manufacturing/Industrial) District. Future Land Use Recommendation: General Commercial M1 851M2 M1: �' ma M1 861 y t untq bbn Rd ` L ��eS�' ExPr�swaY- - Q,� Ak\gouthern R�P M1 k- 879 883 2121 24 2 aso M2 2115 M2 M2 M1 901 M2 M2 ypo M2 Legend Irl O 902 South Kingshighway V r Parcels i 910 Zoning District r M2 M1 S City of Cape Girardeau M2 „ Division of Planning Services 130 260 520 Fee GIS Data 0 R1 June 24, 2014 Vim Mi N W E S Rezoning Request - 902 South Kingshighway Requested Rezoning: from M-2 (Heavy Manufacturing/Industrial) District to M-1 (Light Manufacturing/Industrial) District. Future Land Use Recommendation: General Commercial MountAubu n R , d )r/ i•A / 900 City of Cape Girardeau Division of Planning Services GIS Data June 24, 2014 Southern Legend Q 902 South Kingshighway Parcels FLU Recommendation General Commercial High Density Residential - Light Industrial = Mixed Use REZONING / SPECIAL USE PERMIT APPLICATION r,: '�.'CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 sraL Property Address/Location 20a S - Applicant (including Contact Name) Property Owner of Record (if other than Applicant) SrEVISAI - b 1dq^)03ee?6 Sk Mailing Address City, State, Zip Mailing Address City, State, Zip 01/05 C000bM4V6^j S GfA U40 wra( Telephone Email Telephone Email 33f�. 33q3-- s 1<v(esak a - cj2 cL Type of Request: Rezoning, Special Use Permit, or Both (Attach additional owners information if necessary) AS 2. 0 IV /AJG Existing Zoning District Proposed Zoning District (Rezoning requests only) Legal description of property to be rezoned and/or upon which the special use is to be conducted A tract of land situated in Survey 173, Township 30 North, Range 12 East, in Cape Girardeau County, Missouri,* containing .968 acres, more or less,, Describe the proposed use of the property described as follows: Commence at the Southeast corner of Fraction Section 12 on the North line Of Survey 173, Township 30 North, Range 12 East- thence North 84* 061 West, along the north line of Survey 173, 245.0 feet; thence South 22* 151 West, 742.0 feet; thence North 67*, 00' West, 501.6 feet for the point of beginning; thence continue North 67* 001 West, 260.0 feet to the East right-of-way line of Highway 61; thence North 21'0 271 East, along said right-of-way line, 115.0 feet; thence North 81* 271 East,, 110.8 feet; thence South 67* 001 East, 164.0 feet; thence South 21* 271 West, . 173.0 feet to the - point of beginning. ;>brA,47-fAl., VEXICL-C- AC-Mli- JIIA-E-5 A -01"s OFFICE USE ONLY Date Received Planning & Zoning Commission Recommendation City Council Final Action Application continues on next page By Date Date C File Number zi " Rpvi.-;Pd R/R/2017 Special Use Criteria (Special Use Permit requests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONAL ITEMS In addition to this application, the following items must be submitted: Application fee ($126.00 payable to City of Cape Girardeau) REQUIRED One (1) list of names and mailing addresses of adjoining property owners One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property One (1) full size site plan, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) One (1) reduced size (8-1/2" x 11") copy of the plat/survey (and site plan, if applicable) One (1) set of. Planned Development documents (Planned Development rezonings only) CERTIFICATIONS I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. I/we understand and acknowledge that in addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve (12) months of the approval date or the permit will become void, unless an extension has been granted. Ov&ner Signature Date Owner Signature Date I certify that I am an Agent authorized by the Property Owner(s) of Record to file this application on their behalf. Applicant Signature (if other than Owner) Date RPvi�pd R/R/7(117 & Adjoining PrQperfies (Steve) 1) Hunze Charles L Sr. Trust 722 North Florissant Road Ferguson, MO 63135 2) Tractor Trailer Supply Co. 2525 Natural Bridge St. Louis, MO 63107 3) Withers Broadcasting of Missouri LLC g 0 South Kingshighway Cape Girardeau, MO 63703 4) McBride Mack Sales, Inc. 10466 Brayfield Rd. Carbondale, IL 62901 Sec. 30336. - M-2, heavy manufacturing/industrial district. (a) (b) Purpose. This district is intended for heavy industrial uses and many other uses which are not otherwise provided for in the other industrial district. The intensity of uses permitted in this district makes it necessary to separate it from all residential districts, whenever possible. Good accessibility should be provided to major rail, air facilities and highways. Permitted uses. (1) Manufacturing, fabrication, assembly, processing, or packaging of any commodity, except: facilities producing or processing explosives or flammable gases or liquids, animal slaughtering, meat packing, or rendering, sulphur plants, rubber reclamation plants, steel mills, foundries or smelters. (2) Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing and binding establishments. Any manufacturing, production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products, and any business and sales offices accessory thereto. Bulk storage of flammable liquids for wholesale, subject to the provisions of the city and state fire codes. Central mixing plants for cement, asphalt, or paving material. The extraction of sand, gravel, and other raw materials requiring the removal of an overburden above the deposit, however, any bulk storage of extraction material or overburden, any processing or extraction machinery, and the open face of any cut, shall be at least twenty-five (25) feet from the property line. Heavy machinery and equipment sales, rental and service. Junk yards, scrap and salvage yards. Manufacturing and production of paving, roofing and other construction material, using asphalt or petroleum based coatings or preserving materials. Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and nonferrous metals. Recycling center. Vehicle fueling stations, including service, repair, body and fender repair, and paint shops. Wastewater and water treatment facilities. Terminals for trucks, buses, rail and watercraft. (c) Marina or dock. Permitted uses (accessory). (1) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use. Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Collection and transfer facilities for hazardous wastes, and solid wastes that contain hazardous substances from off-site sources. (2) Jails, prisons or detention facilities. (e) Telecommunication tower, as permitted in section 30-404, supplemental regulations. Excursion gambling boat or floating gambling facility, as permitted in section 30- 409, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) No junk yard, scrap, or salvage yard shall be located within five hundred (500) feet of any residential use. (3) Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) (2) (3) Maximum Height: Forty (40) feet, excluding silos, smoke stacks, and dust collection systems. Minimum Lot Area: None. (g) (h) (4) Minimum Lot Width: None. Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: None, except on a lot abutting a residential district or use there shall be a side yard of not less than twenty (20) feet on the side of the lot abutting the residential district or use. Maximum Building Coverage: None. Open space, landscaping and bufferyard requirements. (1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) (3) Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD, RMH and C-1 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) ISec. 30335. - M-1, light manufacturing/industrial district. (a) (b) Purpose. This district is intended primarily for uses engaged in light manufacturing, assembly, fabrication, warehousing, wholesaling and retail trade, and service operations which conduct all activities within a building with no external impact or effect. This district is intended to serve as a transition between more intense industrial development and commercial, office, or multifamily residential development. Permitted uses (1) Light manufacturing facilities. (2) Any establishment which provides supplies or services primarily to commercial and industrial customers, such as janitorial services, sign shops, packaging or shipping services, locksmiths, or printing, lithographing, engraving, photocopying, blueprinting, publishing, electrical, heating, plumbing and binding establishments. Health and fitness centers. Cemeteries. Commercial day cares. Funeral homes and mortuaries. Government buildings and uses, including police and fire stations. Heavy machinery and equipment sales, rental and service. Offices, administrative, business, finance and professional. Public and private parks, playgrounds, and golf courses, including miniature golf courses and driving ranges. Public service and public utility uses as follows: a. Wireless facilities. b. Water reservoirs, water standpipes, and elevated and ground -level water storage tanks. Industrial schools and business schools. Miniwarehouse or self -storage units. Residential treatment facilities. Television and radio studios including any transmitting facilities. Veterinary clinics, animal hospitals, and kennels. (17) (18) (19) (20) (21) (22) (23) (c) (d) Warehouses, storage and distribution centers. Vehicle fueling stations, including service, repair, body and fender repair, and paint shops. Recycling centers. Marina or dock. Transitional housing. Restaurants and bars. Retail, including vehicle sales. Permitted uses (accessory). (1) (2) (3) Dwelling or lodging units, but only for watchman, caretakers, or other personnel whose residence is essential to the operation of a permitted or special use. Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Solar energy systems, as permitted in section 30-410, supplemental regulations. Special uses. (1) Emergency shelters, transitional service shelters for fifty (50) or fewer residents. (2) (e) Single -wide or double -wide, manufactured home or manufactured business unit for office purposes only. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Excursion gambling boat or floating gambling facility, as permitted in section 30- 409, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (f) (g) (2) (3) (4) (5) All storage shall be within a fully enclosed building or in an open yard so screened that the materials, products or equipment are not visible from the street or adjoining property. Any outdoor storage shall be at least one hundred (100) feet from any residential zoning district or use. No building shall be used for residential purposes, except for a night watchman or a caretaker employed on the premises. Utilitarian areas such as loading docks, mechanical equipment, storage areas, mechanical and electrical equipment, and dumpsters shall be located in the rear or side yard of the building. Lighting shall be designed to shine and reflect away from any adjacent residential areas and shall meet the requirements of chapter 25 of the City Code. Height, area, bulk and setback requirements. (1) Maximum Height: Forty (40) feet excluding silos, smoke stacks, and dust collection systems. Minimum Lot Area: None. Minimum Lot Width: None. Minimum Yard Requirements: a. Front yard: Twenty-five (25) feet. Rear yard: Twenty-five (25) feet. Side yard: None, except on a lot abutting a residential district there shall be a side yard of not less than ten (10) feet on the side of the lot abutting the residential district. Maximum Building Coverage: None. Open space, landscaping and bufferyard requirements. (1) A minimum of fifteen (15) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. Landscaping shall be provided as required in chapter 25 of the City Code. A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT 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 Shamrock Circle, in the City and County of Cape Girardeau, Missouri, from C-2 to R-4. EXECUTIVE SUMMARY The attached ordinance rezones property at Silver Springs Road and Shamrock Circle. A public hearing to consider the rezoning request is also on this agenda as a separate item. BACKGROUND/DISCUSSION An application has been submitted to rezone two lots at the northeast and southeast corners of Silver Springs Road and Shamrock Circle from C-2 (Highway Commercial) to R-4 (Medium Density Multifamily Residential). The immediately surrounding properties are zoned C-2 (Highway Commercial) to the north, south and west, and R-3 (High Density Single -Family Residential) to the east. This area is characterized by duplexes, multifamily residential and commercial uses. The Comprehensive Plan's Future Land Use and Infrastructure Map shows this area as Mixed Use. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS In considering a rezoning request, the City Council must determine if the proposed zoning district is reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. The R-4 district permits a maximum density of 18 units per 1 acre which, based on the lot sizes, could result in the development of up to 9 units on each lot. This density is higher than the adjacent R-3 zoned properties containing duplexes; therefore, rezoning the subject properties to R-4 would adversely affect the rights of the adjacent property owners and tenants. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended denial of the rezoning request. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission held a public hearing on the rezoning request at its August 13, 2014 regular meeting, and recommended approval with a vote of 7 in favor, 0 in opposition, and 1 abstaining. The Commission noted that although the adjacent properties are zoned R-3, there are several R-4 zoned properties in the vicinity of the subject lots. Additionally, no one spoke in opposition to the rezoning request. PUBLIC OUTREACH The City Council's public hearing was advertised in the Southeast Missourian on August 17, 2014. In addition, a sign containing the date, time, location, and subject of the Planning and Zoning Commission and City Council public hearings was posted on the property. ATTACHMENTS: Name: ❑ Rezone -Silver Springs and Shamrock.doc ❑ Staff Review -Referral -Action Form.W ❑ Map - Aerial Requested R-4.pdf ❑ Map - FLU - Request R-4.pdf ❑ ApplicationRezoning to R-4.pdf ❑ C-2.pdf ❑ R-4.pdf Description: Silver Springs/Shamrock Rezone Ord Silver Springs & Shamrock - Staff RRA Form Silver Springs & Shamrock - Zoning Map Silver Springs & Shamrock - FLU Map Silver Springs & Shamrock - Rezoning Application C-2 District Regulations R-4 District Regulations BILL NO. 14-130 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PROPERTY LOCATED AT SILVER SPRINGS ROAD AND SHAMROCK CIRCLE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-2 TO R-4 WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from C-2, Highway Commercial District, to R-4, Medium Density Multifamily Residential District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, September 8, 2014, and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from C-2, Highway Commercial District, to R-4, Medium Density Multifamily Residential District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present C-2, Highway Commercial District, to R-4, Medium Density Multifamily Residential District, for the following described property: All of Lot 1 and Lot 2 of Crites Tenth Addition. Article 2. The City Council hereby finds and the property described in Article 1 hereof is time particularly suitable for the purposes and Medium Density Multifamily Residential District, changes authorized hereby are reasonable and conformity with the existing uses and value of surrounding properties. 1 a declares that t the present uses of an R-4, and that such in reasonable the immediately 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 2 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action on Rezoning/Special Use Permit Application FILE NO. 1310 LOCATION: Silver SDrinas Rd. & Shamrock Circle STAFFREVIEW& COMMENTS: Gary Arnold has requested to rezone two lots at the intersection of Silver Springs Road and Shamrock Circle from the C-2 (Highway Commercial) District to the R-4 (Medium Density Multi -family Residential) District. SEE STAFF REPORT FOR FURTHER INFORMATION 557 IMF 712 City Planner Date City Attorney 12,011 / Dafe CITY MANAGER REFERRAL TO THE PLANNING AND ZONING COMMISSION: y Manager Date Planning &Zoning Commission Public Hearing Sign Posting Date: Public Hearing Date: 08/13/14 RECOMMENDED ACTION. Favor Oppose Abstain Favor Oppose Abstain Trae Bertrand L�]` Lj LlRalph Maxton Ef L) Lj Larry Dowdy U Lj �al_ Scott McClanahan ❑ Ll Lj Jeff Glenn Er U Lj Doug Spooler La La Bill Hinckley Ll J Tom Welch Lj Ll Randy Kluge 0 Ll Ll VOTE COUNT: Favor Oppose Abstain C"Ifur'MTS. City CouncilAction Public Hearing Date: 6_1� _(7 Posting Dates: Sign Newspaper Ordinance I" ReadingL_ Ordinance 2'd & 3rd Reading: _771 _ It -t - VOTE COUNT: Favor Opposei *RDINANCE # Effective Date - Rezoning Request - Silver Springs Road & Shamrock Circle R4 R4 Wister9Dr 606 R4 3001 ft� R4 R4 0 602 C m Requested Rezoning: from C-2 (Highway Commercial) District to (Medium Density Multi -family Residential) Disti Future Land Use Recommendation: Mixed Use R1 R4 -.\ Spruce St 530 =Err 549 549 49 / 549 j 1 r i. 1 �- 2966 R3, I C2 549 C2 549 549 2970 549 2980 2978" 2968 � 525 522 OW i R4 C2 3001 517 CO L R4 i C \ r 1� > • rt c� ., R4 C2 ` R4 RI" ,R4. N C2 W E S 0 65 130 Shamrock Circle 2960 ►�r R3 2962 2981 2979 2971 2969 296�,5�..� C2 - R3 �� R3 d 49916-11k Cal � is Si City of Cape Girardeau Division of Planning Services 260 Fee C2 GIS Data c July 25, 2014 se / R41 R4 Legend ® Area to be Rezoned nParcels Zoning District C2 E R3 d ,e, 137 R4 I Wisteria Dr 3001 Ip a 0 0 3 x 0 m 3001 522 3002 3001 Rezoning Request - Silver Springs Road & Shamrock Circle Future Land Use Recommendation Requested Rezoning: sos from C-2 (Highway Commercial) District to R-4 Medium Density Multi -family Residential) District. Future Land Use Recommendation: Mixed Use [dly,I 602 530 526 65 130 � r l Spruce S� Shamrock Circle rhe � m;s Sj 147 1 1 2861 City of Cape Girardeau Division of Planning Servic 260 Feet GIS Data July 25, 2014 r�rm 2971 2969 2965 Legend ® Area to be Rezoned Parcels FLU Recommendation - General Commercial 0 High Density Residential - Institutional - Low Density Residential - Mixed Use - Parks and Recreation A A PC ;P/Ojo ::D CCAC Ag a 4000,49 u P Es E,J�� d,� /� � �'�o,��,J� •4��ie.��o.J 4 &—eoAje Z,9 /,S- 11,9 7 ��Z C'2� IV491,41 C �� Ulf—��.�- A�49--alcvl //Zoeg�7 ;eel -e 2�6111w� /Oom oo' 4- L"17 7ZO LOI%l 71—a C".f ��I =.MOND I' 000,007 If fi RE Ciro DIVII NINU 0 DATE By G!ItA* R* E2ZO11 V N "ING I SPECIAL USE PERMIT APPLICATION 1 7v - A CA I R r% EAU --U 0CITY Of C FL U KA DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Property Address/Location Applicant (including Contact Name) nr of Record (if other than Applicant) Mailing Address City, State, Zip Mailing Address City, State, Zip 6, Cl 1- P 6 Telephone Email 6 -76 Telephone Email Type of Request: Rezoning, Special Use Permit, or Both (Attach additional owners information if necessary) ntz Existing Zoning District Proposed Zoning District (Rezoning requests only) Legal description of property ta be rezoned and/or upon which the special use is to be conducted 0,0 74 IA�& C) t,-) L 0 6e t Describe the proposed use of the property 4z -5 - A C-2 Application continues on next page OFFICE USE ONLY Date Received Its- / I i By File Number Planning & Zoning Commission Recommendation Date City Council Final Action Date Revised 8/8/2012 Special Use Criteria (Special Use Permit reqUests only) Provide evidence that the proposed special use meets the criteria below. Attach additional sheets if necessary. 1) The proposed special use will not substantially increase traffic hazards or congestion. 2) The proposed special use will not substantially increase fire hazards. 3) The proposed special use will not adversely affect the character of the neighborhood. 4) The proposed special use will not adversely affect the general welfare of the community. 5) The proposed special use will not overtax public utilities. ADDITIONALITEM S In addition to this application, the following items must be submitted: REQUIRED Application fee ($126.00 payable to City of Cape Girardeau) One (1) list of names and mailing addresses of adjoining property owners One (1) set of mailing envelopes, stamped and addressed to adjoining property owners One (1) full size copy of the recorded plat or a recent survey of the property One (1) full size site plan, drawn to an appropriate scale, depicting existing features to be removed, existing features to remain, and all proposed features such as: buildings and structures, paved areas, curbing, driveways, parking stalls, trash enclosures, fences, retaining walls, electrical transformers, power generators, light poles, landscaping areas, and freestanding signs (Planned Development rezonings and Special Use Permits only) One (1) reduced size (8-1/2" x 11") copy of the plat/survey (and site plan, if applicable) One (1) set of Planned Development documents (Planned Development rezonings only) CERTIFICATIONS I/we certify that I am/we are the Property Owner(s) of Record for the property described in this application. Ilwe understand and acknowledge that in addition to a rezoning and/or Special Use Permit, certain licenses and permits may be required in order to conduct the proposed use. I/we will ensure that all required licenses and permits are obtained prior to conducting the use and/or commencing work. I/we also understand that a use granted under a Special Use Permit must commence within twelve (12) months of the approval date or the permit will become void, unless an extension has been granted. I certify that I am an Agent authorized by the Property Owner(s) of Record to file this application on their behalf. Applicant Signature (if other than Owner) Date Revised 8/8/2012 1,J G Cod rS'i`v6oe ��2tA1G5 g OP, 17l OW /J E2 : A .r _ t�d,e v &///j 2 c 3-3 A AR •1 P4 e,J /.s .Zwc, �Jl lac- 'A( ,qxvc�.v XV0 E.D c e4p/"f i t s �l M �R � s► .� �,a n ��v E Its' �Zo /�e 770 i vER �3�D3 go c PIZ, oF, eg OP.' oAr ,4M'Rvc,c' Cst�e/E _ ISec. 30334. - C-2, highway commercial district. (a) Purpose. The highway commercial district [C-2] is established to provide primarily for automobile-dependent uses in areas which are not amenable to easy pedestrian access and a comfortable pedestrian environment. This district is intended for commercial uses which depend upon high visibility, general high traffic volumes, or cater to the traveling public. It is expected that the highway commercial district will not only serve the City of Cape Girardeau, but interstate and intrastate travelers as well. These characteristics dictate that these districts be located along or at the intersections of arterial classification streets or along frontage roads adjacent to an interstate highway or other limited access roads. Because of the scale and access requirements of the uses in this category, they are generally associated with, or located along major transportation routes. (b) Permitted uses. (1) Vehicle fueling station, including service and repair. (2) Restaurants and bars, including drive-thru. (3) Hotels. (4) Public parks, playgrounds and recreational facilities. (5) Office, administrative, business, finance and professional. (6) Retail, including vehicle sales. (7) Health and fitness centers. (8) Funeral homes and moratoriums. (9) Medical facilities. (10) Police and fire stations. (11) Private institutions of higher education, (12) Nursing homes, senior citizen housing or retirement homes. (13) Commercial day cares. (14) Microbrewery. (15) Miniwarehouse or self-storage units. (16) Theaters. (17) Warehouses. (18) Banks and financial institutions, including drive-thru. (19) Veterinary clinics, animal hospitals and kennels. Residential treatment facilities. Transitional housing. Permitted uses (accessory). (1) Accessory buildings and uses customarily incidental to the above uses, as permitted in section 30-403, supplemental regulations. Helicopter landing pad, heliport or other landing area in relationship with medical facilities. Solar energy systems, as permitted in section 30-410, supplemental regulations. Outdoor storage of materials that are for sale. Special uses. (1) Automobile washing businesses, including automatic, coin-operated, moving - line facilities. (2) (e) The allowance of additional height, not to exceed a total of one hundred (100) feet, as long as additional height does not adversely affect surrounding neighborhood. Campground facilities and travel trailer parks. Commercial amusement park. Telecommunication tower, as permitted in section 30-404, supplemental regulations. Wind energy conversion systems, as permitted in section 30-410, supplemental regulations. Billboards, as permitted in Section 25-401. Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. Height, area, bulk and setback requirements. (1) Maximum Height: Five (5) stories not to exceed sixty (60) feet. Buildings can exceed the maximum height and stories in the C-2 district upon a special use permit being granted. Minimum Lot Area: None. Minimum Lot Width: None. Maximum Density. None. (f) (g) (h) (6) Minimum Yard Requirements: a. D C. Front yard: Twenty-five (25) feet. Rear yard: None, except twenty-five (25) feet when abutting a residential district. Side yard: No side yard requirement for nonresidential buildings except that on a lot abutting a residential district there shall be a side yard of not less than twenty-five (25) feet on the side of the lot abutting the residential district. Maximum Building Coverage, including accessory buildings: Eighty (80) percent of the lot. Standards. (1) A site plan, meeting the requirements of chapter 25 of the City Code shall be submitted and approved. (2) All off-street parking lots and vehicular use areas shall be screened from all residential uses in accordance with chapter 25 of the City Code. (3) (4) Utilitarian areas such as loading docks, mechanical equipment, storage areas and dumpsters shall be located at the rear or side of the building and properly screened, as required in chapter 25 of the City Code. Lighting shall be designed to reflect away from any adjacent residential area, in accordance with chapter 25 of the City Code. Open space, landscaping and bufferyard requirements. (1) Open space: No minimum percentage required. (2) Landscaping shall be provided as required in chapter 25 of the City Code. (3) A twenty -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2, R-3, R-4, R-5, RUMD and RMH zoning district. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking regulations. Off-street parking and loading spaces shall be provided in accordance with specific uses set forth in section 25-202. (Ord. No. 4109, art. 2, 3-1-10) Sec. 30325. - R-4, medium density multifamily residential district. (a) (b) Purpose. This district is intended to accommodate multifamily residential developments at maximum densities of up to eighteen (18) units per acre. New single-family detached dwellings are not permitted in order to ensure that vacant land set aside for multifamily development is not preempted by less intensive development. Certain other structures and uses necessary to serve governmental, educational, institutional, commercial and recreational uses are allowed. Permitted uses. (1) Multifamily dwellings. (2) Townhouses. (3) Cluster subdivisions, as permitted in chapter 25 of the City Code. Nursing homes, senior citizen housing and retirement homes. Noncommercial, not-for-profit residential neighborhood facilities consisting of indoor and outdoor recreational facilities, offices of property owners associations and maintenance facilities operated by a neighborhood or community organization or a property owners association. Public parks, playgrounds, and recreational facilities. Police and fire stations. Elementary, middle and secondary schools, or development centers for elementary, middle and secondary school age children with handicaps or development disabilities, on a minimum of five (5) acres. Commercial day care. Permitted uses (accessory). (1) (2) Private garages, carports and accessory buildings, as permitted in section 30- 403, supplemental regulations. Home occupations, as permitted in section 30-405, supplemental regulations. (3) Solar energy systems, as permitted in section 30-410, supplemental regulations. (d) Special uses. (1) Bed and breakfasts. (2) Cemeteries, on a minimum of ten (10) acres of land. (3) Transitional housing. (4) Wind energy conversion systems, as permitted by section 30-410, supplemental regulations. (5) Residential treatment facilities. (6) Public utilities, except for buildings and accessory structures that are normal and customary in a zoning district which would allow other buildings of the same nature as a use -by -right. (e) Height, area, bulk and setback regulations. (1) Maximum Height: Five (5) stories not to exceed sixty (60) feet. (2) Minimum Lot Area: a. Each townhouse must be on a separate platted lot consisting of at least one thousand four hundred (1,400) square feet. b. All other uses: Three thousand seven hundred fifty (3,750) square feet. (3) Maximum Density. Eighteen (18) units per one (1) acre. Higher densities may be approved with a cluster subdivision, as permitted by chapter 25 of the City Code. (4) Minimum Lot Width: a. Each townhouse: Twenty (20) feet. b. All other uses: None. (5) Minimum Yard Requirements: a. Front yard: 1. Each townhouse: Ten (10) feet. 2. All other uses: Twenty-five (25) feet. b. Rear yard: 1. Each townhouse: Twenty (20) feet. 2. All other uses: Twenty-five (25) feet. c. Side yard: 1. Each townhouse: None. 2. All other uses: Five (5) feet. (6) Maximum Building Coverage, including accessory building: Fifty (50) percent of the lot for all uses except townhouses. (f) (g) Open space, landscaping and bufferyard requirements. For any multifamily residential uses or nonresidential uses: (1) A minimum of twenty (20) percent of the total lot area shall be devoted to open space, including required yard and bufferyards. (2) (3) Landscaping shall be provided as required in chapter 25 of the City Code. A 20 -foot wide bufferyard shall be required adjacent to any property in the AG, AG -1, RE, R-1, R-2 or R-3 zoning districts. This bufferyard shall comply with the requirements of chapter 25 of the City Code. Parking requirements. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in section 25-202. No parking, stopping, or standing of trucks or commercial motor vehicles licensed for a gross weight in excess of twenty-four thousand (24,000) pounds, except as provided in sections 26-137 and 26-256 of the Code of Ordinances. (Ord. No. 4109, art. 2, 3-1-10) Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT An ordinance authorizing the issuance of a Special Tax Bill for the property located at 219 North Middle Street, for the demolition of a dangerous building under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes the issuance of a special tax bill to recover costs incurred by the City in demolishing a condemned structure at 219 North Middle Street. BACKGROUND/DISCUSSION A structure at 219 North Middle Street was condemned on September 20, 2013. The City sent a letter to the property owner notifying him of the condemnation and his responsibilities under Chapter 7, Article VII of the Code of Ordinances. After the owner failed to respond by the deadline, the City held a public hearing, and the Building Supervisor issued an order to repair or demolish the structure by January 10, 2014. The owner failed to comply with the order. As provided for in the Code, the City hired a contractor to demolish the structure at a cost of $5,200.00, for which a special tax bill must now be issued. A copy of the contractor's invoice is attached. The invoice includes the demolition of structures on two other properties as well. FINANCIAL IMPACT The special tax bill will bear an interest rate of eight per cent (8%) annually on the outstanding balance until it is paid in full. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing a special tax bill to be issued for the property at 219 North Middle Street. ATTACHMENTS: Name: ❑ ORD -219 N Middle.doc Description: 219 N Middle Ord ❑ Nip Kelly Invoice 219 North_ Middle _513 William_ Street_ and 1022 Perry Avenue.pdf Nip Kelly Invoice -219 North Middle Street, 513 William Street, 1022 Perry Avenue BILL NO. 14-131 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL TAX BILL FOR THE PROPERTY LOCATED AT 219 NORTH MIDDLE STREET, FOR THE DEMOLITION OF A DANGEROUS BUILDING UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the Building Supervisor of the City of Cape Girardeau, Missouri, issued Orders causing certain dangerous Buildings to be demolished; and WHEREAS, the City of Cape Girardeau did cause said buildings to be demolished in accordance with the Orders thereby incurring certain expenses; and WHEREAS, the Building Supervisor authorized the issuance of certain tax bills; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby levied, and the City Clerk is hereby authorized and ordered to place on file a Special Tax Bill issued in accordance with the Order of the Building Supervisor which shall be a lien against the following described property in accordance with law, in the following amount, until paid or collected by the City of Cape Girardeau, Missouri: $5,200.00 - 219 North Middle Street All of the North Half of Lot Numbered Twenty (20) in Range "E" in the City and County of Cape Girardeau, Missouri, as laid down on map or plat of said City, the same 56 feet front on Middle Street by 180 feet in depth to an alley. ARTICLE 2. Said Tax Bill shall bear an interest rate of eight per cent (80) per annum. 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 Nip Kelley Equipment Co., Inc P.O. Box 33 41 N. Sprigg St. Cape Girardeau MO 63701 U%p 573-334-0553 Billed To: City of Cape Girardeau Accounts Payable P.O. Box 617 Cape Girardeau MO 63702-0617 Due Date: 09/10/2014 Description City of Cape -Demolitions 2014: 219 North Middle Street 1022 Perry Avenue 513 William Street Terms: 10TH Contract Invoice Invoice#: 6839 Date: 08/06/2014 Project: City of Cape Demolitions -2014 401 Independence St. Cape Girardeau MO 63703 Thank you for your prompt payment! Terms: Net 15 days. A Finance Charge of 1.5% per month and all reasonable collectionlattorney fees will be charged on all amounts past due. 1.00 1.00 1.00 Order# 143543 5200.000 4800.000 5800.000 Amount 5,200.00 4,800.00 5,800.00 Non -Taxable Amount: 15,800.00 Taxable Amount: 0.00 Sales Tax: 0.00 Amount Due 15,800.00 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT An ordinance authorizing the issuance of a Special Tax Bill for the property located at 1751 Luce Street, for the demolition of a dangerous building under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes the issuance of a special tax bill to recover costs incurred by the City in demolishing a condemned structure at 1751 Luce Street. BACKGROUND/DISCUSSION A structure at 1751 Luce Street was condemned on November 4, 2013. The City sent a letter to the property owner notifying him of the condemnation and his responsibilities under Chapter 7, Article VII of the Code of Ordinances. On April 10, 2014, the owner signed a Permission to Burn and Destroy Release. As provided for in the Code, the City hired a contractor to demolish the structure at a cost of $1,834.00, for which a special tax bill must now be issued. A copy of the contractor's invoice is attached. FINANCIAL IMPACT The special tax bill will bear an interest rate of eight per cent (8%) annually on the outstanding balance until it is paid in full. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing a special tax bill to be issued for the property at 1751 Luce Street. ATTACHMENTS: Name: Description: ❑ ORD -1751 Luce Street.doc 1751 Luce Street Ordinance ❑ Invoice 1751 Luce Street.pdf Invoice 1751 Luce Street BILL NO. 14-132 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL TAX BILL FOR THE PROPERTY LOCATED AT 1751 LUCE STREET, FOR THE DEMOLITION OF A DANGEROUS BUILDING UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the Building Supervisor of the City of Cape Girardeau, Missouri, issued Orders causing certain dangerous Buildings to be demolished; and WHEREAS, the City of Cape Girardeau did cause said buildings to be demolished in accordance with the Orders thereby incurring certain expenses; and WHEREAS, the Building Supervisor authorized the issuance of certain tax bills; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby levied, and the City Clerk is hereby authorized and ordered to place on file a Special Tax Bill issued in accordance with the Order of the Building Supervisor which shall be a lien against the following described property in accordance with law, in the following amount, until paid or collected by the City of Cape Girardeau, Missouri: $1,834.00 - 1751 Luce Street Lot Two (2) in Block Nine (9) of Sunset Terrace Addition in the City and County of Cape Girardeau, Missouri, as shown by plat filed in Plat Book 3 at page 51. ARTICLE 2. Said Tax Bill shall bear an interest rate of eight per cent (80) per annum. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad City Clerk Ronald Kucera Jr. 160 Tolbert Drive Jackson, MO 63755 573-382-1058 Cell 573-243-1058 Home 0. City of Cape Girardeau 401 Independence St Cape Girardeau Mo. 63703 Invoice Date I Invoice # 8/6/2014 1 640 (),$k 1436 °7(0 Job Location Detach Garage at 1751 Luce St Terms Item Description Amount Mini Excavator • Demo detach garage at 1751 Luce st 1,834.00 Thank you for your business. Total $1,834.00 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT An Ordinance authorizing the issuance of a Special Tax Bill for the property located at 1022 Perry Avenue, for the demolition of a dangerous building under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes the issuance of a special tax bill to recover costs incurred by the City in demolishing a condemned structure at 1022 Perry Avenue. BACKGROUND/DISCUSSION A structure at 1022 Perry Avenue was condemned on June 24, 2013. The City sent a letter to the property owner notifying him of the condemnation and his responsibilities under Chapter 7, Article VII of the Code of Ordinances. On February 3, 2014, the owner signed a Permission to Burn and Destroy Release. As provided for in the Code, the City hired a contractor to demolish the structure at a cost of $4,800.00, for which a special tax bill must now be issued. A copy of the contractor's invoice is attached. The invoice includes the demolition of structures on two other properties as well. FINANCIAL IMPACT The special tax bill will bear an interest rate of eight per cent (8%) annually on the outstanding balance until it is paid in full. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing a special tax bill to be issued for the property at 1022 Perry Avenue. ATTACHMENTS: Name: ❑ ORD -1022 Perry Avenue.doc Description: 1022 Perry Ave Ordinance ❑ Nip Kelly Invoice 219 North_ Middle _513 William_ Street_ and 1022 Perry Avenue.pdf Nip Kelly Invoice -219 North Middle Street, 513 William Street, 1022 Perry Avenue BILL NO. 14-133 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL TAX BILL FOR THE PROPERTY LOCATED AT 1022 PERRY AVENUE, FOR THE DEMOLITION OF A DANGEROUS BUILDING UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the Building Supervisor of the City of Cape Girardeau, Missouri, issued Orders causing certain dangerous Buildings to be demolished; and WHEREAS, the City of Cape Girardeau did cause said buildings to be demolished in accordance with the Orders thereby incurring certain expenses; and WHEREAS, the Building Supervisor authorized the issuance of certain tax bills; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby levied, and the City Clerk is hereby authorized and ordered to place on file a Special Tax Bill issued in accordance with the Order of the Building Supervisor which shall be a lien against the following described property in accordance with law, in the following amount, until paid or collected by the City of Cape Girardeau, Missouri: $4,800.00 - 1022 Perry Avenue Lot Ten (10) in Block Nine (9) of Monticello Addition in the City of Cape Girardeau, County of Cape Girardeau, Missouri, as shown by plat filed in Plat Book 2 at page 60. ARTICLE 2. Said Tax Bill shall bear an interest rate of eight per cent (80) per annum. 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 Nip Kelley Equipment Co., Inc P.O. Box 33 41 N. Sprigg St. Cape Girardeau MO 63701 U%p 573-334-0553 Billed To: City of Cape Girardeau Accounts Payable P.O. Box 617 Cape Girardeau MO 63702-0617 Due Date: 09/10/2014 Description City of Cape -Demolitions 2014: 219 North Middle Street 1022 Perry Avenue 513 William Street Terms: 10TH Contract Invoice Invoice#: 6839 Date: 08/06/2014 Project: City of Cape Demolitions -2014 401 Independence St. Cape Girardeau MO 63703 Thank you for your prompt payment! Terms: Net 15 days. A Finance Charge of 1.5% per month and all reasonable collectionlattorney fees will be charged on all amounts past due. 1.00 1.00 1.00 Order# 143543 5200.000 4800.000 5800.000 Amount 5,200.00 4,800.00 5,800.00 Non -Taxable Amount: 15,800.00 Taxable Amount: 0.00 Sales Tax: 0.00 Amount Due 15,800.00 Staff: Ryan Shrimplin, AICP - City Agenda: Planner 9/8/2014 SUBJECT An Ordinance authorizing the issuance of a Special Tax Bill for the property located at 513 William Street, for the demolition of a dangerous building under the provisions of Chapter 7 of the Code of Ordinances of the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached ordinance authorizes the issuance of a special tax bill to recover costs incurred by the City in demolishing a condemned structure at 513 William Street. BACKGROUND/DISCUSSION A structure at 513 William Street was condemned on January 22, 2012. The City sent a letter to the property owner notifying him of the condemnation and his responsibilities under Chapter 7, Article VII of the Code of Ordinances. After the owner failed to respond by the deadline, the City held a public hearing, and the Building Supervisor issued an order to repair or demolish the structure by July 18, 2013. The owner failed to comply with the order. As provided for in the Code, the City hired a contractor to demolish the structure at a cost of $5,800.00, for which a special tax bill must now be issued. A copy of the contractor's invoice is attached. The invoice includes the demolition of structures on two other properties as well. FINANCIAL IMPACT The special tax bill will bear an interest rate of eight per cent (8%) annually on the outstanding balance until it is paid in full. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing a special tax bill to be issued for the property at 513 William Street. ATTACHMENTS: Name: ❑ ORD -513 Williams St.doc Description: 513 William St Ord ❑ Nip Kelly Invoice 219 North_ Middle _513 William_ Street_ and 1022 Perry Avenue.pdf Nip Kelly Invoice -219 North Middle Street, 513 William Street, 1022 Perry Avenue BILL NO. 14-134 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL TAX BILL FOR THE PROPERTY LOCATED AT 513 WILLIAM STREET, FOR THE DEMOLITION OF A DANGEROUS BUILDING UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the Building Supervisor of the City of Cape Girardeau, Missouri, issued Orders causing certain dangerous Buildings to be demolished; and WHEREAS, the City of Cape Girardeau did cause said buildings to be demolished in accordance with the Orders thereby incurring certain expenses; and WHEREAS, the Building Supervisor authorized the issuance of certain tax bills; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. There is hereby levied, and the City Clerk is hereby authorized and ordered to place on file a Special Tax Bill issued in accordance with the Order of the Building Supervisor which shall be a lien against the following described property in accordance with law, in the following amount, until paid or collected by the City of Cape Girardeau, Missouri: $5,800.00 - 513 William Street The West Half of Lot No. 41 in Range "G" in the City and County of Cape Girardeau, Missouri, as the same is laid down and designated on the map of said City said West Half has dimensions of 90 feet by 112 feet, fronting North 90 feet on the south side of William Street by a depth of 112 feet on an alley. ARTICLE 2. Said Tax Bill shall bear an interest rate of eight per cent (80) per annum. 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 Nip Kelley Equipment Co., Inc P.O. Box 33 41 N. Sprigg St. Cape Girardeau MO 63701 U%p 573-334-0553 Billed To: City of Cape Girardeau Accounts Payable P.O. Box 617 Cape Girardeau MO 63702-0617 Due Date: 09/10/2014 Description City of Cape -Demolitions 2014: 219 North Middle Street 1022 Perry Avenue 513 William Street Terms: 10TH Contract Invoice Invoice#: 6839 Date: 08/06/2014 Project: City of Cape Demolitions -2014 401 Independence St. Cape Girardeau MO 63703 Thank you for your prompt payment! Terms: Net 15 days. A Finance Charge of 1.5% per month and all reasonable collectionlattorney fees will be charged on all amounts past due. 1.00 1.00 1.00 Order# 143543 5200.000 4800.000 5800.000 Amount 5,200.00 4,800.00 5,800.00 Non -Taxable Amount: 15,800.00 Taxable Amount: 0.00 Sales Tax: 0.00 Amount Due 15,800.00 Staff: Casey Brunke, P.E. City Engineer Agenda: 9/8/2014 an 131DEN 1 An Ordinance authorizing the City Manager to execute an STP -Urban Program Agreement with the Missouri Highways and Transportation Commission, for the Independence Street and Gordonville Road intersection, in the City of Cape Girardeau, Missouri. EXECUTIVE SUMMARY The attached agreement would allow the City to preform a traffic study, design and construction for traffic flow improvements at the Independence Street and Gordonville Road intersection. BACKGROUND/DISCUSSION The Independence Street and Gordonville Road intersection sees traffic congestion, especially during peak travel times in the mornings and evenings. Traffic is often backed up at this intersection. Movements through the intersection are currently controlled via stop signs on all legs. FINANCIAL IMPACT Originally, improvements to the Independence Street and Gordonville Road intersection were to be entirely paid for through TTF4 funding. With utilizing STP -Urban finding, the City will be responsible for 20% of the total cost as the STP -Urban funding is an 80/20 match. This will make the City's TTF4 dollars go a little further. STAFF RECOMMENDATION Staff recommends that the Council approve the Ordinance authorizing the City Manager to enter into an STP - Urban Program Agreement with the Missouri Highways and Transportation Commission for the Independence Street and Gordonville Road intersection, in the City of Cape Girardeau, Missouri, contingent upon MoDOT approval. ATTACHMENTS: Name: Description: ❑ MODOT - Independence_ and Gordonville_Rd.doc MODOT AGREEMENT ORD ❑ MoDOT STP -Urban Agr Independence Gordonville.pdf Agreement BILL NO. 14-135 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN STP -URBAN PROGRAM AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE INDEPENDENCE STREET AND GORDONVILLE ROAD INTERSECTION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: Article 1. The City Manager is hereby authorized and directed to execute, on behalf of the City, an STP -Urban Program Agreement between the City of Cape Girardeau and the Missouri Highways and Transportation Commission for the Independence Street and Gordonville Road intersection, and the City Clerk is hereby authorized and directed to attest to said document and to affix the seal of the City thereto. 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. 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. Harry E. Rediger, Mayor (SEAL) ATTEST: Gayle L. Conrad, City Clerk CCO Form: FS11 Approved: 07/96 (KMH) Revised: 06/12 (MWH) Modified: CFDA Number: CFDA #20.205 CFDA Title: Highway Planning and Construction Award name/number: STP- I5OD[622) Award Year: 2015 Federal Agency: Federal Highway Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION STP -URBAN PROGRAM AGREEMENT THIS STP -URBAN AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau, Cape Girardeau County, Missouri (hereinafter, "City"). WITNESSETH: WHEREAS, 23 U.S.C. §133 authorizes a Surface Transportation Program (STP) to fund transportation related projects; and WHEREAS, the City desires to construct certain improvements, more specifically described below, using such STP funding; and WHEREAS, those improvements are to be designed and constructed in compliance with the provisions of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, promises and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to grant the use of STP funds to the City. The improvement contemplated by this Agreement and designated as Project STP -5100(022) involves: Performing a traffic study, then designing and constructing a project that will improve traffic flow and relieve congestion during peak travel periods. The City shall be responsible for all aspects of the construction of the improvement. (2) LOCATION: The contemplated improvement designated as Project STP - 5100(022) by the Commission is within the city limits of Cape Girardeau, Missouri. The general location of the improvement is shown on an attachment hereto marked "Exhibit A" and incorporated herein by reference. More specific descriptions are as follows: The intersection of Independence Street and Gordonville Road. (3) REASONABLE PROGRESS POLICY: The project as described in this agreement is subject to the reasonable progress policy set forth in the Local Public Agency (LPA) Manual. If the project is within a Transportation Management Area that has a reasonable progress policy in place, the project is subject to that policy. If the project is withdrawn for not meeting reasonable progress, the City agrees to repay the Commission for any progress payments made to the City for the project and agrees that the Commission may deduct progress payments made to the City from future payments to the City. (4) LIMITS OF SYSTEM: The limits of the surface transportation system for the City shall correspond to its geographical area as encompassed by the urban boundaries of the City as fixed cooperatively by the parties subject to approval by the Federal Highway Administration (FHWA). (5) ROUTES TO BE INCLUDED: The City shall select the high traffic volume arterial and collector routes to be included in the surface transportation system, to be concurred with by the Commission, subject to approval by the FHWA. It is understood by the parties that surface transportation system projects will be limited to the said surface transportation system, but that streets and arterial routes may be added to the surface transportation system, including transfers from other federal aid systems. (6) INVENTORY AND INSPECTION: The City shall: (A) Furnish annually, upon request from the Commission or FHWA, information concerning conditions on streets included in the STP system under local jurisdiction indicating miles of system by pavement width, surface type, number of lanes and traffic volume category. (B) Inspect and provide inventories of all bridges on that portion of the federal -aid highway systems under the jurisdiction of the City in accordance with the Federal Special Bridge Program, as set forth in 23 U.S.C. §144, and applicable amendments or regulations promulgated thereunder. (7) CITY TO MAINTAIN: Upon completion of construction of this improvement, the City shall accept control and maintenance of the improved street and shall thereafter keep, control, and maintain the same as, and for all purposes, a part of the City street system at its own cost and expense and at no cost and expense whatsoever to the Commission. Any traffic signals installed on highways maintained by the Commission will be turned over to the Commission upon completion of the project for maintenance. All obligations of the Commission under this Agreement shall cease upon completion of the improvement. (8) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the Commission, including its members and the Missouri Department of Transportation (MoDOT or Department) employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligent performance of its obligations under this Agreement. (B) The City will require any contractor procured by the City to work under this Agreement: 1. To obtain a no cost permit from the Commission's district engineer prior to working on the Commission's right-of-way, which shall be signed by an authorized contractor representative (a permit from the Commission's district engineer will not be required for work outside of the Commission's right-of-way); and 2. To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and MoDOT and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610, RSMo. The City shall cause insurer to increase the insurance amounts in accordance with those published annually in the Missouri Register pursuant to Section 537.610, RSMo. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party's rights or defenses with regard to each party's applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (9) CONSTRUCTION SPECIFICATIONS: Parties agree that all construction under the STP for the City will be constructed in accordance with current MoDOT design criteria/specifications for urban construction unless separate standards for the surface transportation system have been established by the City and the Commission subject to the approval of the FHWA. (10) FEDERAL -AID PROVISIONS: Because responsibility for the performance of all functions or work contemplated as part of this project is assumed by the City, and the City may elect to construct part of the improvement contemplated by this Agreement with its own forces, a copy of Section II and Section III, as contained in the United States Department of Transportation Form Federal Highway Administration (FHWA) 1273 "Required Contract Provisions, Federal -Aid Construction Contracts," is attached and made a part of this Agreement as Exhibit C. Wherever the term "the contractor" or words of similar import appear in these sections, the term "the City"is to be substituted. The City agrees to abide by and carry out the condition and obligations of "the contractor" as stated in Section II, Equal Opportunity, and Section III, Nonsegregated Facilities, as set out in Form FHWA 1273. (11) ACQUISITION OF RIGHT OF WAY: With respect to the acquisition of right of way necessary for the completion of the project, City shall acquire any additional necessary right of way required for the project and in doing so agrees that it will comply with all applicable federal laws, rules and regulations, including 42 U.S.C. 4601-4655, the Uniform Relocation Assistance and Real Property Acquisition Act, as amended and any regulations promulgated in connection with the Act. (12) REIMBURSEMENT: The cost of the contemplated improvements will be borne by the United States Government and by the City as follows: (A) Any federal funds for project activities shall only be available for reimbursement of eligible costs which have been incurred by City. Any costs incurred by City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. The federal share for this project will be 80% percent not to exceed $280,000. The calculated federal share for seeking federal reimbursement of participating costs for the herein improvements will be determined by dividing the total federal funds applied to the project by the total participating costs. Any costs for the herein improvements which exceed any federal reimbursement or are not eligible for federal reimbursement shall be the sole responsibility of City. The Commission shall not be responsible for any costs associated with the herein improvement unless specifically identified in this Agreement or subsequent written amendments. (B) The total reimbursement otherwise payable to the City under this Agreement is subject to reduction, offset, levy, judgment, collection or withholding, if there is a reduction in the available federal funding, or to satisfy other obligations of the City to the Commission, the State of Missouri, the United States, or another entity acting pursuant to a lawful court order, which City obligations or liability are created by law, judicial action, or by pledge, contract or other enforceable instrument. Any costs incurred by the City prior to authorization from FHWA and notification to proceed from the Commission are not reimbursable costs. (13) PERMITS: The City shall secure any necessary approvals or permits from the Federal Government and the State of Missouri as required to permit the construction and maintenance of the contemplated improvements. (14) TRAFFIC CONTROL: The plans shall provide for handling traffic with signs, signal and marking in accordance with the Manual of Uniform Traffic Control Devices (MUTCD). H (15) WORK ON STATE RIGHT OF WAY: If any contemplated improvements for Project STP -5100(022) will involve work on the state's right of way, the City will provide reproducible final plans to the Commission relating to such work. (16) DISADVANTAGED BUSINESS ENTERPRISES (DBEs): At time of processing the required project agreements with the FHWA, the Commission will advise the City of any required goals for participation by DBEs to be included in the City's proposal for the work to be performed. The City shall submit for Commission approval a DBE goal or plan. The City shall comply with the plan or goal that is approved by the Commission and all requirements of 49 C.F.R. Part 26, as amended. (17) NOTICE TO BIDDERS: The City shall notify the prospective bidders that disadvantaged business enterprises shall be afforded full and affirmative opportunity to submit bids in response to the invitation and will not be discriminated against on grounds of race, color, sex, or national origin in consideration for an award. (18) PROGRESS PAYMENTS: The City may request progress payments be made for the herein improvements as work progresses but not more than once every two weeks. Progress payments must be submitted monthly for amounts equal to or greater than $10,000.00. The City shall repay any progress payments which involve ineligible costs. (19) OUTDOOR ADVERTISING: The City further agrees that the right of way provided for any STP improvement will be held and maintained inviolate for public highway or street purposes, and will enact and enforce any ordinances or regulations necessary to prohibit the presence of billboards or other advertising signs or devices and the vending or sale of merchandise on such right of way, and will remove or cause to be removed from such right of way any sign, private installation of any nature, or any privately owned object or thing which may interfere with the free flow of traffic or impair the full use and safety of the highway or street. (20) FINAL AUDIT: The Commission will perform a final audit of project costs. The United States Government shall reimburse the City, through the Commission, any monies due. The City shall refund any overpayments as determined by the final audit. (21) OMB AUDIT: If the City expend(s) five hundred thousand dollars ($500,000) or more in a year in federal financial assistance it is required to have an independent annual audit conducted in accordance with OMB Circular A-133. A copy of the audit report shall be submitted to MoDOT within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Subject to the requirements of OMB Circular A-133, if the City expend(s) less than five hundred thousand dollars ($500,000) a year, the City may be exempt from auditing requirements for that year but records must be available for review or audit by applicable state and federal authorities. 5 (22) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006: The City shall comply with all reporting requirements of the Federal Funding Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is subject to the award terms within 2 C.F.R. Part 170. (23) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (24) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of this Agreement. (25) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the City and the Commission. (26) COMMISSION REPRESENTATIVE: The Commission's SE District Engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (27) NOTICES: Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal or facsimile delivery, addressed as follows: (A) To the City: The Honorable Harry Rediger, Mayor 401 Independence Street Cape Girardeau, MO 63701 Facsimile No.: 573-339-6302 (B) To the Commission: SE District Engineer, Mark Shelton 2675 North Main Street P.O. Box 160 Sikeston, MO 63801 Facsimile No.: 573-472-5341 or to such other place as the parties may designate in accordance with this Agreement. To be valid, facsimile delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of facsimile transmission of that document. M (28) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the City agrees as follows: (A) Civil Rights Statutes: The City shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 U.S.C. §2000d and §2000e, et seq.), as well as any applicable titles of the "Americans with Disabilities Act" (42 U.S.C. §12101, et seq.). In addition, if the City is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the "Americans with Disabilities Act". (B) Administrative Rules: The City shall comply with the administrative rules of the United States Department of Transportation relative to nondiscrimination in federally-assisted programs of the United States Department of Transportation (49 C.F.R. Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The City shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The City shall not participate either directly or indirectly in the discrimination prohibited by 49 C.F.R. §21.5, including employment practices. (D) Solicitations for Subcontracts. Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the City. These apply to all solicitations either by competitive bidding or negotiation made by the City for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the City of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The City shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the United States Department of Transportation to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the City is in the exclusive possession of another who fails or refuses to furnish this information, the City shall so certify to the Commission or the United States Department of Transportation as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance: In the event the City fails to comply with the nondiscrimination provisions of this agreement, the Commission shall impose such contract sanctions as it or the United States Department of Transportation may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the City complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The City shall include the provisions of paragraph (28) of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the United States Department of Transportation. The City will take such action with respect to any subcontract or procurement as the Commission or the United States Department of Transportation may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the City becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the City may request the United States to enter into such litigation to protect the interests of the United States. (29) ACCESS TO RECORDS: The City and its contractors must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at no charge to the FHWA and the Commission and/or their designees or representatives during the period of this Agreement and any extension, and for a period of three (3) years after the date on which the City receives reimbursement of their final invoice from the Commission. [Remainder of Page Intentionally Left Blank] IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below. Executed by the City this _ day of , 20 Executed by the Commission this day of 20. MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION Title ATTEST: Secretary to the Commission Approved as to Form: Commission Counsel 0 CITY OF CAPE GIRARDEAU By Title ATTEST: By Title Approved as to Form: By Title Ordinance No: Exhibit "A" W PROJECT LOCATIONr 4% if "I If if M 1 Exhibit B — Project Schedule Project Description: Intersection Improvements at Independence Street and Gordonville Road. STP -5100(022) Task Date Date funding is made available or allocated to recipient 8/21/2014 Solicitation for Professional Engineering Services (advertised) 11/1/2014 Engineering Services Contract Approved 12/15/2014 Conceptual Stud (if applicable) 3/15/2015 Preliminary and Right -of -Way Plans Submittal (if Applicable) 6/15/2015 Plans, Specifications & Estimate (PS&E) Submittal 12/15/2015 Plans, Specifications & Estimate (PS&E) Approval 2/15/2016 Advertisement for Letting 3/15/2016 Bid Opening 4/15/2016 Construction Contract Award or Planning Study completed REQUIRED 5/15/2016 *Note: the dates established in the schedule above will be used in the applicable ESC between the sponsor agency and consultant firm. **Schedule dates are approximate as the project schedule will be actively managed and issues mitigated through the project delivery process. The Award Date or Planning Study Date deliverable is not approximate and requires request to adjust. 11 EXHIBIT C REQUIRED CONTRACT PROVISIONS FEDERAL -AID CONSTRUCTION CONTRACTS I. General If. Nondiscrimination III. Nonsegregated Facilities IV. Davis -Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects X. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services, The prime contractor shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal -aid design - build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design -builder shall be responsible for compliance by any subcontractor, lower -tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower -tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's FHWA-1273 -- Revised May 1, 2012 immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal -aid highway unless it is labor performed by convicts Who are on parole, supervised release, or probation. The term Federal -aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60- 1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U,S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U,S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 or seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a, The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre -apprenticeship, and/or on-the- job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so. 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions, Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a, The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons, d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing fulljourney level status employees in the type of trade orjob classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-lhejob training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a), c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through Independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the tens of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency, 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT's U.S. DOT -approved DBE program are incorporated by reference, b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non - minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391, The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should refect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal -aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities' includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single -user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal -aid construction projects exceeding $2,000 and to all related subcontracts and lower -tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of- way of a roadway that is functionally classified as Federal -aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5,5 "Contract provisions and related matters' with minor revisions to conform to the FHWA- 1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefts under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period, Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rale specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefts, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30 -day period that additional time is necessary, (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona Fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally - assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, Including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid, Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(w) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis - Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefts. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at htip://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(11) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(1) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall sadsfy the requirement for submission of the "Statement of Compliance" required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United Stales Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on thejob. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12, 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a Stale Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices tojourneymen on thejob site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on thejob site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of thejourneyman's hourly rate) specified in the contractor's or subcontractors registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of thejourneymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. L. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees tojourneymen on thejob site shall not be greater than permitted under the plan approved by the Employment and Training Administration, Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of thejourneyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefts listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on thejob site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed, In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity, The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d, Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal -aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. B. Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis - Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U,S, Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor 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)(1). J. 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), c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001, V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal -aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act, These clauses shall be inserted in addition to the clauses required by 29 CFR 5,5(a) or 29 CFR 4,6, As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section, 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. A. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal -aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term "perform work with its own organization" refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The tens may include payments for the costs of hiring leased employees from an employee leasing firth meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b, "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self -performance requirement of paragraph (1) is not applicable to design -build contracts; however, contracting agencies may establish their own self -performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, Stale, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on thejob and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). Vlll. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal - aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal -aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal -aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." X. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal -aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal -aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal -aid construction contracts, design -build contracts, subcontracts, lower -tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more — as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification — First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier 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 first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions' refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts), "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier 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. g. The prospective first tier 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 Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https:/Imw.epis.gov/l, which is compiled by the General Services Administration. L Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) 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. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals; (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civiljudgment 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; (3) 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 (a)(2) of this certification; and (4) 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. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which 10 this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. "First Tier Covered Transactions" refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). "Lower Tier Covered Transactions" refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). "First Tier Participant" refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). "Lower Tier Participant" refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier 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 with which this transaction originated. I. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous, A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://mw.epls.gov/1, which is compiled by the General Services Administration. h. 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 participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. I. Except for transactions authorized under paragraph a 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 with which this transaction originated may pursue available remedies, including suspension and/or debarment. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Participants: 1. The prospective lower tier participant 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 participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal -aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penally of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. 11 ATTACHMENT A - EMPLOYMENT AND MATERIALS PREFERENCE FOR APPALACHIAN DEVELOPMENT HIGHWAY SYSTEM OR APPALACHIAN LOCAL ACCESS ROAD CONTRACTS This provision is applicable to all Federal -aid projects funded under the Appalachian Regional Development Act of 1965. 1. During the performance of this contract, the contractor undertaking to do work which is, or reasonably may be, done as on-site work, shall give preference to qualified persons who regularly reside in the labor area as designated by the DOL wherein the contract work is situated, or the subregion, or the Appalachian counties of the State wherein the contract work is situated, except; a. To the extent that qualified persons regularly residing in the area are not available. If. For the reasonable needs of the contractor to. employ supervisory or specially experienced personnel necessary to assure an efficient execution of the contract work. c. For the obligation of the contractor to offer employment to present or former employees as the result of a lawful collective bargaining contract, provided that the number of nonresident persons employed under this subparagraph (1 c) shall not exceed 20 percent of the total number of employees employed by the contractor on the contract work, except as provided in subparagraph (4) below. 2. The contractor shall place ajob order with the Stale Employment Service indicating (a) the classifications of the laborers, mechanics and other employees required to perform the contract work, (b) the number of employees required in each classification, (c) the date on which the participant estimates such employees will be required, and (d) any other pertinent information required by the State Employment Service to complete thejob order form. The job order may be placed with the State Employment Service in writing or by telephone. If during the course of the contract work, the information submitted by the contractor in the original job order is substantially modified, the participant shall promptly notify the State Employment Service. 3. The contractor shall give full consideration to all qualified job applicants referred to him by the State Employment Service. The contractor is not required to grant employment to any job applicants who, in his opinion, are not qualified to perform the classification of work required. 4. If, within one week following the placing of ajob order by the contractor with the State Employment Service, the State Employment Service is unable to refer any qualifiedjob applicants to the contractor, or less than the number requested, the State Employment Service will forward a certificate to the contractor indicating the unavailability of applicants. Such certificate shall be made a part of the contractor's permanent project records. Upon receipt of this certificate, the contractor may employ persons who do not normally reside in the labor area to fill positions covered by the certificate, notwithstanding the provisions of subparagraph (1c) above. 5. The provisions of 23 CFR 633.207(e) allow the contracting agency to provide a contractual preference for the use of mineral resource materials native to the Appalachian region. 12 6. The contractor shall include the provisions of Sections 1 through 4 of this Attachment A in every subcontract for work which is, or reasonably may be, done as on-site work. Staff: Casey Brunke P.E., City Engineer Agenda: 9/8/2014 SUBJECT An Ordinance to remove stop signs on Henderson, in the City of Cape Girardeau, Missouri by amending Traffic Schedule C of the City Code. BACKGROUND/DISCUSSION The City and Southeast Missouri State University executed an agreement for the construction of a traffic signal at the intersection of Broadway and Henderson Avenue. The traffic signal has been constructed and placed into operation. Therefore, the stop sign on Henderson is no longer necessary as the intersection is controlled via a traffic signal. FINANCIAL IMPACT Removal of the stop sign will require no direct funding. The contractor for the signal project has already removed the signage. STAFF RECOMMENDATION Staff Recommends that the City Council amend Schedule C of the Traffic Ordinance as stated in the summary attachment as it relates to Henderson Avenue. ATTACHMENTS: Name: ❑ Henderson at Broadway Stop Signs.doc ❑ Henderson Stop Sign.pdf ❑ Henderson Ord Info.doc Description: Henderson -Broadway Stop Sign Ord Location Map Ord Info BILL NO. 14-139 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY CHANGING THE STOP SIGNS AT THE INTERSECTION OF BROADWAY AND HENDERSON AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That portion of Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, which established stop signs at the following locations: Henderson at Broadway - facing north and south ARTICLE 2. Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing a stop sign at the following location: Henderson at Broadway - facing south 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 , 20 ATTEST: Gayle L. Conrad City Clerk Harry E. Rediger, Mayor 1 Henderson Avenue Ordinance Info Schedule C — Stop Sims REPEAL MAN -1229 08-03-77 189. Henderson at Broadway - facing north and south NEW Henderson at Broadway—facing south Staff: Casey Brunke P.E., City Engineer Agenda: 9/8/2014 SUBJECT An Ordinance to establish traffic signals at the intersections of William Street and Sheridan Drive and Broadway and Henderson Avenue, in the City of Cape Girardeau, Missouri by amending Traffic Schedule H of the City Code. BACKGROUND/DISCUSSION The City and CLILA, L.P. executed a development agreement for the construction of a traffic signal at the intersection of William Street and Sheridan Drive. The traffic signal has been constructed and placed into operation. Stop signs on Sheridan were installed under the authority of the City traffic engineer at the time they were placed without codifying. The intersection will now be controlled via the traffic signal therefore making the stop signs no longer needed. The City and Southeast Missouri State University executed an agreement for the construction of a traffic signal at the intersection of Broadway and Henderson Avenue. The traffic signal has been constructed and placed into operation. A stop sign at this location is proposed to be repealed and is a separate item on tonight's agenda FINANCIAL IMPACT The William/Sheridan traffic signal construction costs are a joint financial responsibility between CLILA, L.P. and the City. The City will bear all construction costs minus $50,000. The City's portion of the traffic signal is being paid for by the Motor Fuel Tax. The Broadway/Henderson traffic signal construction costs were a joint financial responsibility between Southeast Missouri State University and the City. The University paid all construction costs minus $73,000. The City's portion of the traffic signal was paid though TTF4 funds. STAFF RECOMMENDATION Staff recommends amending Schedule H of Section 26-126 of the City Code to establish traffic signals at the intersections of William Street and Sheridan Drive and Broadway and Henderson Avenue. ATTACHMENTS Name: Description: ❑ Traffic Lights William -Sheridan_ Broadway -Henderson. doc William/Sheridan - Broadway/Henderson Light ❑ William_ Sheridan_ Broadway Henderson_ Traffic Signals.pdf Location Map ❑ William Sheridan Broadway Henderson Ord Info.doc Ord Info BILL NO. 14-140 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE H OF SECTION 26-126 OF THE CITY CODE, BY ESTABLISHING TRAFFIC LIGHTS AT THE INTERSECION OF WILLIAM STREET AND SHERIDAN DRIVE, AND AT THE INTERSECTION OF BROADWAY AND HENDERSON AVENUE, 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 H of Section 26-126 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing traffic lights in the City of Cape Girardeau, Missouri, at the following locations: Intersection of William Street and Sheridan Drive and Intersection of Broadway and Henderson Avenue 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. 000"M Gayle L. Conrad City Clerk Harry E. Rediger, Mayor 1 • y t, William Street & Sheridan Drive Broadway & Henderson Avenue Ordinance Info Schedule H — Traffic Light Intersections NEW Intersection of William Street and Sheridan Drive Intersection of Broadway and Henderson Avenue Staff: Tim Morgan, Inspection Services Agenda: Director 9/8/2014 SUBJECT Recommended amendments to the Residential Rental Licensing Ordinance resulting from staff experience during the first year of implementation. EXECUTIVE SUMMARY The Residential Rental Licensing Ordinance, codified as a new Article XI of Chapter 15 of the Code of Ordinances, was passed and approved on October 1, 2012 by the City Council. The Ordinance, now in the second year of implementation, has resulted in an increased level of compliance for many of those rental properties in need of property maintenance. During the first year of enforcement efforts, Inspection Services staff has identified specific provisions of the Ordinance that, if amended per staff recommendations, would assist in making the Residential Rental Licensing Ordinance more effective. Staff has been confronted with questions regarding interpretation of specific provisions contained in the original Ordinance. Recommended amendments include a statement of intent, the addition of several definitions and the addition of text in several areas to assist in clarifying the intent of the provision in question. In some instances, language is being recommended to align the Ordinance with practices that have been established by staff during the first year of enforcement. BACKGROUND/DISCUSSION A recommendation is also being made to amend the monetary penalty for late annual renewal of landlord licenses. The original Ordinance provided for a grace period of thirty (30) days during which no penalty would be assessed for renewal. Beginning with day thirty-one (31) through day sixty (60) a flat penalty fee often dollars ($10.00) applied. An additional penalty fee often dollars ($10.00) applied beginning with day sixty-one (6 1) through day ninety (90). Staff recommendation is to amend the monetary penalty to assess a penalty fee of fifty cents ($0.50) per day beginning on day thirty-one (3 1) until the license is renewed. These fees in addition to the normal licensing fees are contained in the City Fee Schedule, as amended. Staff has discovered several instances where a unit has been rented without functioning utilities. Staff is recommending the addition of a paragraph in the general requirements section preventing this type of activity. A paragraph addressing responsibility for the removal and disposal of rubbish and garbage is also recommended. Staff has observed instances where the installed heating appliances are non-functional or do not work in the manner prescribed. In several instances the cooking stove oven was the only source of heat in the rental unit resulting in a very high monthly electric bill. The paragraph addressing minimum heating requirements is amended to require safe working condition and performance of heating appliances and to prevent the improper use of space heaters. A similar amendment is being recommended in relation to the condition of plumbing systems and fixtures. A staff recommendation strengthens the need to provide a means of emergency egress from existing bedrooms. It is staff's opinion this recommendation serves to confirm the City's intent to ensure the public health, safety and welfare related to residential rental occupancies. Sec. 15-347 is amended to authorize the City Manager to make inspections to verify compliance with the Ordinance. Currently, access can only be made when a valid complaint is filed. Staff has knowledge of properties that are non-compliant but staff has no means of gaining access to those units. FINANCIAL IMPACT The recommended amendment to the late renewal penalty fee would result in an increase of $5.00 per month to the penalty for late renewal. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS It is staff's opinion these proposed recommendations serve to confirm the City's intent to ensure the public health, safety and welfare related to residential rental occupancies. STAFF RECOMMENDATION Development Services staff respectfully requests the Council's consideration of the proposed amendments and recommends passage and approval of the Ordinance as amended. PUBLIC OUTREACH Development Services staff met with the Cape Area Landlord Association (CALA) on the evening of Tuesday, August 26, 2014, to present the proposed amendments and gain support of the membership. This meeting was well attended and the staff presentation was well received. CALA membership gave their approval of support for these amendments and urged staff to move forward with presentation to the City Council. ATTACHMENTS: Name: 0 Revised _Rental _ Ordinance_ Final_ 2014(2.doc Description: Revised Rental Ordinance BILL NO. 14-142 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE XI OF CHAPTER 15 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING ROOMS TO LEASE, LET, HIRE OR RENT NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Article XI of Chapter 15, of the Code of Ordinances of the City of Cape Girardeau, Missouri, relating to Rooms to Lease, Let, Hire or Rent, containing Sections 15-336 through 15-352, reading as follows: Sec. 15-336 - Definitions. Words or phrases in this Article shall be interpreted so as to give them the same meaning as they have in common usage. However, for the purpose of this Article, the following terms shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Approved. Accepted by the code official. Building. A roofed and walled structure built for use as a dwelling. City. The City of Cape Girardeau, Missouri. City Manager. The City Manager or his or her designee. Code official. Officer or other designated authority charged with the administration and enforcement of this ordinance. Duplex. A building containing two dwelling units. Dwelling. A building, or portion thereof, designed or used predominantly for residential occupancy of a continued nature, including one - family dwellings, two-family dwellings and 1 multiple -family dwellings but not including hotels or motels. Dwelling unit. A single residential dwelling, or portion thereof, that is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. Existing Structure. A structure existing prior to the effective date of this ordinance. Family. (1) One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit, plus up to two (2) domestic servants; or (2) Three (3) or fewer unrelated persons, including any domestic servants, living as a single housekeeping unit; or (3) Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, plus up to two (2) domestic servants, living as a single housekeeping unit. The term "family" shall not be construed to mean a fraternity, sorority, club or institutional group. Flush water closet. A toilet bowl flushed with water with a water -sealed trap. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Habitable building. A dwelling or dwelling unit that meets the general requirements as stated in Section 11 for use as a home or place of abode by one or more persons. 2 Habitable room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without floor covering, ceiling covering, wall finish, required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Heated water. Water heated to a temperature of not less than one hundred twenty degrees Fahrenheit measured at faucet outlet. Inspector(s). Code inspectors, fire marshal, fire inspector, police officers or any other person as authorized by the City Manager. Kitchen. A space containing a sink and counter space sized for food preparation, with adequate space for cooking and refrigeration equipment and storage of cooking utensils. Multiple -family dwelling. A dwelling containing three or more dwelling units. Occupant. Any person who lives in a dwelling unit. Operator. The owner or agent who has charge, care, control, or management of a building, or part thereof, in which dwelling unit or rooming units are let. Owner. Any person having legal possession of, charge of, care or control of any dwelling or dwelling unit within the city. Any such person representing the actual owner shall be bound to comply with the provisions of this ordinance to the same extent as the owner. 3 Permissible Occupancy. The maximum number of persons that can legally occupy a dwelling or dwelling unit. Person. An individual, firm, partnership, association, limited liability corporation, limited liability company, corporation or joint venture or organization of any kind. Plumbing. Any or all components of a system designed to convey liquids or gases. Premises. A parcel, portion of a parcel, or group of parcels under common ownership. Public hall. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Refuse. All putrescible and nonputrescible waste solids including garbage and rubbish. Rental or rented dwelling or dwelling unit. A dwelling or dwelling unit let or intended to be let for rent or lease. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance. Rodent harborage. Any place where rodents can live, nest or seek shelter. Rubbish. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. Substandard dwelling. Any dwelling which does not conform to the general requirements established by this ordinance. 4 Supplied. Paid for, furnished by, provided by or under the control of the owner, operator, or agent of a dwelling. Unit. A family occupancy or a bedroom of a facility, a boarding house, or a dwelling. Meaning of certain words - whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this Article, they shall be construed as though they were followed by the words "or any part thereof." Sec. 15-337 - Fee and license required. It shall be unlawful for any person to conduct or operate or cause to be rented either as owner, lessee, agent or manager within the City, any rental dwelling unit without paying all applicable fees and obtaining a license as provided in this ordinance. This ordinance shall not apply to hospitals, nursing homes or other rental units used for human habitation which offer or provide medical or nursing services or hotels, motels and dormitories if such units are subject to other City, State or Federal licensing or regulations concerning the safety of the users, patients or tenants. Sec. 15-338 - Applicability to existing dwelling units. Within six months after the effective date of this ordinance, the owner of each rental dwelling unit existing on the effective date shall apply to the City Manager or his designee for a license on a form to be supplied by the City and containing such information as necessary to administer and enforce the provisions of, and to insure compliance with, the provisions of this ordinance. Sec. 15-339 - Issuance of license. Upon completion of the application process, if the code official finds the requirements of this ordinance have been met for the issuance of a license, a license shall be issued. If the code official finds that the requirements of this ordinance have not been met, a written denial 5 specifying the defects shall be transmitted to the applicant. Sec. 15-340 - Renewal of License. The landlord license shall be renewable annually on the anniversary date of issuance. Licensees shall have a 30 day grace period following the anniversary date to renew the license without a late fee. Licenses will expire on day thirty-one following the anniversary date. A late fee shall apply upon expiration of thirty-one (31) to sixty (60) days and upon expiration of 61 to 90 days as established by the city fee schedule, as amended. Sec. 15-341 - Expiration of license. A licensee whose license has expired longer than ninety (90) days shall be required to apply in the same manner as the required initial application under this Article. Sec. 15-342 - Availability of license. Licenses issued under this Article shall be produced on the request of a tenant or prospective tenant, and shall be available at reasonable times for public inspection. Sec. 15-343 - Fees. The annual fee for landlord licensing shall be payable at the time of application or renewal in addition to any late fees imposed. The amount of the fees charged shall be established by the city fee schedule, as amended. Sec. 15-344 - Application; Condition in Lease Every building and its premises, or an accessory structure thereof, used in whole or in part as a rented dwelling or dwelling unit for a single family or person, and every building used in whole or in part as a rented dwelling or dwelling unit of two or more persons or families each living in a separate unit shall conform to the requirements of this ordinance, irrespective of when such building may have been constructed, altered or repaired. A provision that the landlord is required to be licensed by the terms of this Article shall be contained as a 6 condition, either expressed or implied, in all applicable residential leases. Sec. 15-345 - General requirements. No owner or other person shall occupy or let to another person any dwelling or dwelling unit unless it and the premises are clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the state and the city, including the following requirements: (1) Maintenance of shared or public areas: Every owner of a dwelling containing two or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof provided, however, a tenant or tenants may assume that responsibility; (2) Maintenance of occupied areas: Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part of those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls; (3) Pest extermination: every owner of a dwelling or dwellings shall be responsible for the extermination of vermin and rodents on the premises. No occupant of a dwelling or dwelling unit shall accumulate fire wood, rubbish, boxes, lumber, scrap metal or any other materials in such manner that may provide a rodent harborage in or about any dwelling or dwelling unit; stored materials shall be stacked neatly and safely; (4) Sanitary fixtures and appliances: Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be responsible for the exercise of reasonable care in the proper use and operation thereof; 7 (5) Minimum heating and maintenance: Every dwelling unit shall have a source of heat capable of maintaining a temperature of at least sixty-eight degrees (68°) Fahrenheit at a distance of three feet above the floor in all habitable rooms, bathrooms and water closet compartments from September through May; (6) Minimum exterior lighting: The owner of every dwelling shall be responsible for providing and maintaining effective illumination at or near the entrances of the dwellings; (7) Minimum standards for food preparation, Cooking equipment, and associated facilities: every dwelling unit shall have a space in which food may be prepared and cooked, which shall have adequate ventilation and which shall be equipped with the following; (a) A kitchen sink in good working condition, connected to an approved water supply including hot and cold water and also connected to an approved sewer system; (b) Cabinets or shelves, for the storage of eating, drinking and cooking equipment and utensils; (c) Adequate space and hook-ups shall be provided for a stove, or similar device for cooking food and a refrigerator, or similar device; (8) Toilet facilities: Within every dwelling unit there shall be a room which affords privacy to anyone within said room and which is supplied with a flush toilet in good working condition, connected to an approved water and sewer system; (9) Lavatory sink: Within every dwelling there shall be a lavatory sink; said sink 12 may be in the same room with the flush toilet or if located in another room, the sink shall be placed in close proximity to the door leading directly into the room containing the flush toilet; said lavatory sink shall be connected to an approved water system with both hot and cold water and also connected to an approved sewer system; (10) Bathtub or shower: Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said tub or shower can be in the same room with the flush toilet or in another room, shall be properly connected to an approved water system with hot and cold water and connected to an approved sewer system; (11) Egress: Any remodel, addition, or renovation to a unit which alters the number of bedrooms originally contained in the structure shall meet current city egress codes. (12) Handrails: Structurally sound handrails shall be provided on any steps containing four risers or more. If steps are not enclosed, handrails with vertical posts spaced no greater than six inches apart shall be provided. Porches, decks and balconies located more than thirty inches from ground level or floor below shall have approved handrails thirty to thirty-four inches high. Stairs, balconies and porches exceeding thirty inches from ground level or lower floor shall have a protective railing thirty-six inches in height, and if unenclosed vertical posts shall be spaced no greater than six inches apart. Alternate systems providing at least the same degree of protection shall be acceptable; (13) Access: Access to or egress from each dwelling unit shall be provided without 9 passing through any other dwelling or dwelling unit; (14) Door locks: No owner shall occupy or let to be occupied any dwelling or dwelling unit unless all exterior doors of doors of the dwelling or dwelling unit are equipped with safe, functioning locking devices; (15) Habitable room ventilation: Every habitable room shall have a means of affording adequate ventilation. Where ventilation is provided by windows alone, windows must be operable and capable of remaining in the open position; (16) Other room ventilation: Every bathroom and water closet compartment and every laundry and utility room ventilated by mechanical means shall be exhausted to the outdoors and shall not be recirculated to any interior space. Clothes dryers shall be exhausted in accordance with the manufacturer's instructions; (17) Electric service, outlets and fixtures: Every dwelling unit and all public and common areas shall comply with Section 604 and Section 605 of the 2009 International Property Maintenance Code. (18) Exterior: foundations, exterior walls and roofs: The foundation shall adequately support the building at all points. Every exterior wall shall be free of deterioration including holes, breaks, loose or rotting boards or timbers and any other thing that might admit rain or dampness to the interior portion of the walls. The roof shall be tight and have no defects which might admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness to interior walls. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective coverings or 10 treatment. If the exterior surface of such a wood structure is unpainted or unprotected or is determined by the code official to be paint -blistered, it shall be painted or other acceptable covering applied; (19) Windows and doors: Every window and exterior door shall be substantially tight in the closed position and shall be kept in operable condition and repair; (20) Floors, interior walls, ceilings: Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of large holes, large creaks and loose plaster and shall be maintained. Paints or materials remain toxic after being applied and after drying or hardening shall not be used. Every toilet room and bathroom floor surface shall be acceptable of being easily maintained in a clean and sanitary manner; (21) Safe buildings: Every foundation, roof, floor, exterior wall, interior wall, ceiling inside and outside stairways, every porch, balcony and every attachment thereto, shall be safe to use and capable of supporting loads that may be anticipated to be placed on them in normal use; (22) Limitation on occupancy per dwelling unit: Not more than one family, except for temporary guests, shall occupy a dwelling unit, unless otherwise authorized by the zoning ordinance; (23) Occupancy of bedrooms: In every dwelling unit, every bedroom occupied for sleeping purposes shall have a minimum floor area of seventy square feet. Rooms or 11 areas of unfinished basements shall not be used as bedrooms; (24) Smoke Detector: Owners of all buildings which fall under this ordinance shall provide a minimum of one approved single -station smoke detector in the sleeping area. When activated, the smoke detector shall provide an alarm suitable to warn the occupants within the individual room or unit. Common areas including hallways, stairways and laundry areas shall have one approved single -station smoke detector. Sec.15-346 - Enforcement and inspection authority. (1) The City Manager or his designee shall enforce the provisions of this ordinance and is hereby authorized to make inspections when reason exists to believe that a violation of this ordinance has been or is being committed. (2) Inspection access: If any owner, occupant or other person in charge of a dwelling or a dwelling unit fails or refuses to allow free access and entry to the structure or premises under his control for any inspection pursuant to this ordinance the code official may seek a search warrant or other appropriate court order authorizing such inspections or may suspend such license until entry and inspection is allowed. Sec. 15-347 - Notice of violation. Whenever the code official determines that any dwelling or dwelling unit or the premises surrounding any of these fails to meet the requirements set forth in this ordinance, he shall issue a notice setting forth the alleged failure and advising the owner, operator, or agent that such failure must be corrected. This notice shall: (1) Be in writing; 12 (2) Set forth the alleged violations of this Article; (3) Describe the dwelling, dwelling unit or other premises where the violations are alleged to exist or to have been committed; (4) Provide a reasonable time not to exceed nine (9) months for the correction of any alleged violations; and (5) Be served on the owner, occupant, operator and/or agent of the dwelling or dwelling unit personally, or by certified mail, addressed to the last known place of residence of the owner, operator or agent. If upon a diligent effort to locate the owner, occupant, operator or agent, none can be found, notice may be posted on or near the dwelling, dwelling unit or premises described in the notice. Sec. 15-348 - Suspension or revocation. A license may be suspended upon a finding by the code official that the licensee has received three (3) or more violations. The code official shall give written notice to the license holder of the violations of this ordinance. The suspended license shall be reinstated upon a determination by the code official that the license holder has complied with all the requirements of this ordinance. If a license has been suspended pursuant to the terms of this section, any dwelling units that are owned or operated by that license holder that are occupied, and that comply with the requirements of this Article, may continue to be occupied by the current tenants during the period of suspension, but the license holder may not rent those dwelling units to any new tenants. In addition, such license holder may not rent any newly acquired dwelling units until the license has been reinstated. In the event that a license holder has failed to correct the violations within ninety (90) days after written notice from the code official, or 13 any extension granted by the code official, or has been convicted of two (2) or more violations of this ordinance, the license shall be revoked for a period of one (1) year. A reasonable extension shall be granted by the code official if the license holder has commenced formal eviction proceedings. If a license has been revoked, the license holder may not rent or continue to rent any dwelling units to any occupants during the period of revocation. The Code Official shall give written notice of any applicable suspension or revocation to the tenants involved by first class mail, postage prepaid, and sending such notice addressed to the "tenants" at the property address. Sec. 15-349 - Secure unfit and vacated dwellings. The owner, operator, or agent or a dwelling or dwelling unit which has been declared unfit for human habitation or which is otherwise vacant for a period of thirty days or more, shall make it safe and secure so that it is not hazardous to the health, safety or welfare of the public and does not constitute a public nuisance. Any vacant dwelling or dwelling unit with open and unguarded doors or windows shall be deemed to be a hazard to the health, safety or welfare of the public and a public nuisance within the meaning of this Section. Any dwelling or dwelling unit determined to be a dangerous building under Article VII of Chapter 7 of the City Code shall be deemed to be in violation of this Section. Sec. 15-350 - Process of complaint. Complaints may be made to the code official in writing, by email, telephone call or other acceptable means. Sec. 15-351 - Appeal to City Manager. Any person aggrieved by any decision of the code official may appeal the decision within ten (10) days to the City Manager. Sec. 15-352 - Penalty. Except as otherwise provided in this Section, any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction 14 thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each and every day that such violation continues, or by imprisonment in the city jail for not more than three (3) months, or by both such fine and imprisonment. is hereby repealed in its entire, and a new Article XI of Chapter 15 of the City of Cape Girardeau, Missouri, containing Sections 15-336 through 15-353 is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 15-336 - General; Existing Dwellings. The intent of this Article is to ensure public health, safety and welfare insofar as they are affected by the continued occupancy and maintenance of dwellings and premises. Existing dwellings and premises that do not comply with these provisions shall be altered or repaired to provide a minimum level of health and safety as required herein. Sec. 15-337 - Definitions. Words or phrases in this Article shall be interpreted so as to give them the same meaning as they have in common usage. However, for the purpose of this Article, the following terms shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning: Approved. Accepted by the code official. Agent. A person acting on behalf of an owner as the property manager, not to include a real estate agent or Realtor whose involvement is limited solely to the sale of the property. Building. A roofed and walled structure built for use as a dwelling. City. The City of Cape Girardeau, Missouri. City Manager. The City Manager or his or her designee. 15 Code official. Officer or other designated authority charged with the administration and enforcement of this ordinance. Duplex. A building containing two dwelling units. Dwelling. A building, or portion thereof, designed or used predominantly for residential occupancy, by a paying occupant, of a continued nature, including one -family dwellings, two- family dwellings, multiple -family dwellings, and manufactured homes but not including hotels or motels. Dwelling unit. A single residential dwelling, or portion thereof, that is arranged, designed, used or, if vacant, intended for use exclusively as a domicile for one family. Where a private garage is structurally attached, it shall be considered as part of the building in which the dwelling unit is located. Existing Structure. A structure existing prior to the effective date of this ordinance. Family. (1) One (1) or more persons related by blood, marriage, adoption or custodial relationship living as a single housekeeping unit, plus up to two (2) domestic servants; or (2) Three (3) or fewer unrelated persons, including any domestic servants, living as a single housekeeping unit; or (3) Two (2) unrelated persons, plus their biological, adopted or foster children or other minors, for whom they have legally established custodial responsibility, plus up to two (2) domestic servants, living as a single housekeeping unit. The term "family" shall not be construed to mean a fraternity, sorority, club or institutional group. 16 Flush water closet. A toilet bowl flushed with water with a water -sealed trap. Garbage. Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Habitable building. A dwelling or dwelling unit that meets the general requirements as stated in Section 15:346 of this ordinance for use as a home or place of abode by one or more persons. Habitable room. A room or enclosed floor space used or intended to be used for living, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, furnace rooms, unfinished basements (those without floor covering, ceiling covering, wall finish, required ventilation, required electric outlets and required exit facilities), pantries, utility rooms of less than fifty (50) square feet of floor space, foyers, communicating corridors, stairways, closets, storage spaces, and workshops, hobby and recreation areas in parts of the structure below ground level or in attics. Heated water. Water heated to a temperature of not less than one hundred twenty (120°) degrees Fahrenheit measured at faucet outlet. Inspector(s). Code inspectors, fire marshal, fire inspector, police officers or any other person as authorized by the City Manager. Kitchen. A space containing a sink and counter space sized for food preparation, with adequate space for cooking and refrigeration equipment and storage of cooking utensils. Landlord License. Annual license issued by the City granting conditional permission to the owner to rent one or more dwellings within the City. Licensee. Operator issued an annual landlord license by the City. 17 Multiple -family dwelling. A dwelling containing three or more dwelling units. Occupant. Any person who lives in a dwelling unit. Operator. The owner or agent who has charge, care, control, or management of building, or part thereof, in which dwelling unit or rooming units are let. Owner. The persons, corporation or other legal entity listed as owner on the records of the county recorder of deeds. Permissible Occupancy. The maximum number of persons that can legally occupy dwelling or dwelling unit. Person. An individual, firm, partnership, association, limited liability corporation, limited liability company, corporation or joint venture or organization of any kind. Plumbing. Any or all components of a system designed to convey liquids or gases. Premises. A parcel, portion of a parcel, or group of parcels under common ownership. Public hall. A hall, corridor or passageway for providing egress from a dwelling unit to a public way and not within the exclusive control of one family. Refuse. All putrescible and nonputrescible waste solids including garbage and rubbish. Rental or rented dwelling or dwelling unit. A dwelling or dwelling unit let or intended to be let for rent or lease. Repair. To restore to a sound and acceptable state of operation, serviceability or appearance. Rodent harborage. Any place where rodents can live, nest or seek shelter. 18 Rubbish. Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. Safety. The condition of being reasonably free from danger and hazards which may cause accidents or disease. Substandard dwelling. Any dwelling which does not conform to the general requirements established by this ordinance. Supplied. Paid for, furnished by, provided by or under the control of the owner, or operator of a dwelling. Unit. A family occupancy or a bedroom of a facility, a boarding house, or a dwelling. Meaning of certain words - whenever the words "dwelling," "dwelling unit," "premises," or "structure" are used in this Article, they shall be construed as though they were followed by the words "or any part thereof." Sec. 15-338 - Fee and license required. It shall be unlawful for any person to conduct or operate or cause to be rented either as an owner or operator within the City, unless the owner has obtained a license for each rental dwelling or dwelling unit and paid all applicable fees as provided in this ordinance. Even though an owner may secure the services of an individual or company to manage the owner's rental property, a license will only be issued to the owner of the rental dwelling. A license will not be issued to the individual or company managing the rental dwelling for the owner. This ordinance shall not apply to hospitals, nursing homes or other rental units used for human habitation which offer or provide medical or nursing services or hotels, motels and dormitories if such units are subject to other City, State or Federal licensing or regulations concerning the safety of the users, patients or tenants. 19 Sec. 15-339 - Applicability to existing dwelling units. Within six (6) months after the effective date of this ordinance, the owner of each rental dwelling unit existing on the effective date shall apply to the City Manager for a license on a form to be supplied by the City and containing such information as necessary to administer and enforce the provisions of, and to insure compliance with, the provisions of this ordinance. The application form shall state the name and contact information for the owner and operator, if applicable. Sec. 15-340 - Issuance of license. Upon completion of the application process, if the code official finds the requirements of this ordinance have been met for the issuance of a license, a license shall be issued. If the code official finds that the requirements of this ordinance have not been met, a written denial specifying the defects shall be transmitted to the applicant. Sec. 15-341 - Renewal of License. The landlord license shall be renewable annually on the anniversary date of issuance. Licensees shall have a thirty (30) day grace period following the anniversary date to renew the license without a late fee. Licenses will expire on day thirty-one (31) following the anniversary date. A late fee shall apply on day thirty-one (31) and every calendar day thereafter until the license is renewed. To allow for special circumstances, the City Manager may reduce or waive late fees on a case by case basis. Sec. 15-342 - Expiration of license. A licensee whose license has expired longer than sixty (60) days and continues to rent a dwelling or dwelling unit within the City shall be referred to the City Attorney for prosecution. Sec. 15-343 - Availability of license. 20 Licenses issued under this Article shall be produced on the request of an occupant or prospective occupant, and shall be available at reasonable times for public inspection. Sec. 15-344 - Fees. The annual fee for landlord licensing shall be payable at the time of application or renewal in addition to any late fees imposed. The amount of the annual fee charged shall be established by the City fee schedule, as amended. Sec. 15-345 - Application; Condition in Lease Every building and its premises, or an accessory structure thereof, used in whole or in part as a rented dwelling or dwelling unit for a single family or person, and every building used in whole or in part as a rented dwelling or dwelling unit of two (2) or more persons or families each living in a separate unit shall conform to the requirements of this ordinance, irrespective of when such building may have been constructed, altered or repaired. A provision that the landlord is required to be licensed by the terms of this Article shall be contained as a condition, either expressed or implied, in all applicable residential leases. Sec. 15-346 - General requirements. No owner or operator shall let to another person any dwelling or dwelling unit unless it and the premises are safe, clean, sanitary, fit for human occupancy, and comply with all applicable legal requirements of the State and the City, including the following requirements: (1) No dwelling or dwelling unit may be rented and/or occupied unless the rental unit's water, electric, and gas (if applicable) utilities are connected and maintained in working order. Utility services may be disconnected temporarily to allow for maintenance, repairs, and upgrades. (2) Maintenance of shared or public areas: Every owner of a dwelling containing two 21 (2) or more dwelling units shall maintain in a clean and sanitary condition the shared or public areas of the dwelling and premises thereof provided, however, a occupant or occupants may assume that responsibility; (3) Maintenance of occupied areas: Every occupant of a dwelling or dwelling unit shall maintain in a clean and sanitary condition that part of those parts of the dwelling, dwelling unit and premises thereof that he occupies and controls; (4) Accumulation of rubbish and/or garbage: All exterior property, premises, and the interior of every dwelling or dwelling unit, shall be free from any accumulation of rubbish and/or garbage. The owner of every occupied dwelling or dwelling unit shall supply approved covered containers for rubbish and/or garbage, and the owner of the dwelling or dwelling unit shall be responsible for the removal of rubbish and/or garbage. Every occupant of a dwelling or dwelling unit shall dispose of rubbish and/or garbage in a clean and sanitary manner by placing such rubbish and/or garbage in an approved disposal facility or approved containers. (5) Pest extermination: every owner of a dwelling or dwellings shall be responsible for the extermination of vermin and rodents on the premises. No occupant of a dwelling or dwelling unit shall accumulate fire wood, rubbish, boxes, lumber, scrap metal or any other materials in such manner that may provide a rodent harborage in or about any dwelling or dwelling unit; stored materials shall be stacked neatly and safely; (6) Sanitary fixtures and appliances: Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a clean and sanitary condition and shall be 22 responsible for the exercise of reasonable care in the proper use and operation thereof; (7) Minimum heating and maintenance: Every dwelling unit shall have a source of heat capable of maintaining a temperature of at least sixty-eight degrees (68°) Fahrenheit at a distance of three (3) feet above the floor in all habitable rooms, bathrooms, and water closet compartments from September through May. All heating appliances shall be properly installed and maintained in a safe working condition, and shall be capable of performing the intended function. Cooking appliances, unvented fuel burning space heaters and/or portable electric space heaters shall not be used as a means to meet the requirements of this section. (8) Minimum exterior lighting: The owner of every dwelling shall be responsible for providing and maintaining effective illumination at or near the entrances of the dwellings; (9) Plumbing systems and fixtures: All Plumbing systems and fixtures shall be properly installed and maintained in good working order and shall be kept free from obstructions, leaks and defects and be capable of performing the function for which such plumbing systems and fixtures are designed. (10) Minimum standards for food preparation, cooking equipment, and associated facilities: Every dwelling unit shall have a space in which food may be prepared and cooked, which shall have adequate ventilation and which shall be equipped with the following; (a) A kitchen sink in good working condition, connected to an approved water supply including hot and cold 23 water and also connected to an approved sewer system; (b) Cabinets or shelves, for the storage of eating, drinking and cooking equipment and utensils; (c) Adequate space and hook-ups shall be provided for a stove, or similar device for cooking food and a refrigerator, or similar device; (11) Toilet facilities: Within every dwelling unit there shall be a room which affords privacy to anyone within said room and which is supplied with a flush toilet in good working condition, connected to an approved water and sewer system; (12) Lavatory sink: Within every dwelling unit there shall be a lavatory sink in good working condition; said sink may be in the same room with the flush toilet or if located in another room, the sink shall be placed in close proximity to the door leading directly into the room containing the flush toilet; said lavatory sink shall be connected to an approved water system with both hot and cold water and also connected to an approved sewer system; (13) Bathtub or shower: Within every dwelling unit there shall be a room which affords privacy to a person within said room and which is equipped with a bathtub or shower in good working condition. Said tub or shower can be in the same room with the flush toilet or in another room, shall be properly connected to an approved water system with hot and cold water and connected to an approved sewer system; (14) Egress: Any remodel, addition, or renovation to a dwelling unit which alters the number of bedrooms originally contained in the structure shall meet current City egress codes. All bedrooms shall have 24 emergency egress directly to the outside or directly to a fire -resistant -rated corridor having access to two (2) remote exits in opposite directions. All emergency egress openings shall have a minimum net clear area of 5.7 square feet, a minimum net clear opening height of twenty-four (24) inches, and a minimum net clear opening width of twenty (20) inches. Window sills with a height greater than forty-four (44) inches above the finished floor and/or a window well with a vertical depth greater than forty-four (44) inches shall be equipped with a permanently affixed ladder or steps usable with the window in the fully open position. (15) Handrails - Guards: Structurally sound handrails shall be provided on any steps containing four (4) or more risers. Handrails shall be installed at a height of thirty-four (34) to thirty-eight (38) inches above the walking surface. Stairs, decks, balconies and porches exceeding thirty (30) inches above or below ground or floor level shall have guards installed a minimum of thirty-six (36) inches in height for single family dwellings, duplexes, and townhouses or a minimum of forty-two (42) inches in height for apartment houses. Balusters on existing guards shall be spaced no greater than six (6) inches apart. Balusters on new guards shall be spaced no greater than four (4) inches apart. Subject to the code official's approval, alternate systems providing at least the same degree of protection shall be acceptable; (16) Access: Access to or egress from each dwelling unit shall be provided without passing through any other dwelling or dwelling unit; (17) Door locks: No owner shall occupy or let to be occupied any dwelling or dwelling unit unless all exterior doors of the 25 dwelling or dwelling unit are equipped with safe, functioning locking devices; (18) Habitable room ventilation: Every habitable room shall have a means of affording adequate ventilation. Where ventilation is provided by windows alone, windows must be operable and capable of remaining in the open position; (19) Other room ventilation: Every bathroom and water closet compartment and every laundry and utility room ventilated by mechanical means shall be exhausted to the outdoors and shall not be recirculated to any interior space. Clothes dryers shall be exhausted in accordance with the manufacturer's instructions; (20) Electric service, outlets and fixtures: Every dwelling unit and all public and common areas shall comply with Section 604 and Section 605 of the currently adopted International Property Maintenance Code. All electrical equipment, wiring, and appliances shall be properly installed and maintained in a safe and approved manner. (21) Exterior: foundations, exterior walls and roofs: The foundation shall adequately support the building at all points. Every exterior wall shall be free of deterioration including holes, breaks, loose or rotting boards or timbers and any other thing that might admit rain or dampness to the interior portion of the walls. The roof shall be tight and have no defects which might admit rain. Roof drainage shall be adequate to prevent rain water from causing dampness to interior walls. All exterior wood surfaces, other than decay resistant woods, shall be protected from the elements and decay by paint or other protective coverings or treatment. If the exterior surface of such a wood structure is unpainted or 26 unprotected or is determined by the code official to be paintblistered, it shall be painted or other acceptable covering applied; (22) Windows and doors: Every window and exterior door shall be substantially tight in the closed position and shall be kept in good condition. Operable windows located less than six (6) feet above ground level or walking surface shall be equipped with a window sash locking device. Exterior doors shall be provided with locks designed to provide security for the occupants and property within. (23) Floors, interior walls, ceilings: Every floor, interior wall, and ceiling shall be adequately protected against the passage and harborage of vermin and rodents and shall be kept in sound condition and good repair. Every floor shall be free of loose, warped, protruding or rotted flooring materials. Every interior wall and ceiling shall be free of large holes, large cracks and loose plaster and shall be maintained. Paints or materials remaining toxic after being applied and after drying or hardening shall not be used. Every toilet room and bathroom floor surface shall be acceptable of being easily maintained in a clean and sanitary manner; (24) Safe buildings: Every foundation, roof, floor, exterior wall, interior wall, ceiling inside and outside stairways, every porch, balcony and every attachment thereto, shall be safe to use and capable of supporting loads that may be anticipated to be placed on them in normal use; (25) Limitation on occupancy per dwelling unit: Not more than one (1) family, except for temporary guests, shall occupy a dwelling unit, unless otherwise authorized by the zoning ordinance; 27 (26) Occupancy of bedrooms: In every dwelling unit, every bedroom occupied for sleeping purposes shall have a minimum floor area of seventy (70) square feet. Rooms or areas of unfinished basements shall not be used as bedrooms; (27) Smoke Alarm: Owners of all buildings which fall under this ordinance shall provide a minimum of one (1) approved single -station smoke alarm installed in the following areas: 1. Outside of the sleeping area(s) in the immediate vicinity of bedrooms. Each smoke alarm shall be installed on the ceiling or wall approximately six (6) inches below the ceiling; 2. In each room used for sleeping purposes. Each smoke alarm shall be installed on the ceiling or wall approximately six (6) inches below the ceiling; and 3. In each story within a dwelling unit including basements and cellars but not including crawl spaces and uninhabitable attics. Each smoke alarm shall be installed on the ceiling or wall approximately six (6) inches below the ceiling. When activated, the smoke alarm shall provide an alarm suitable to warn the occupants within the individual room and dwelling or dwelling unit. Prior to renting a dwelling or dwelling unit, it is the owner's responsibility to ensure that all required smoke alarms are installed and functioning properly. After occupying the dwelling or dwelling unit, it is the occupant's responsibility to ensure that every smoke alarm in his/her dwelling or 28 dwelling unit is maintained in proper functioning condition at all times. (28) Carbon Monoxide Alarm: Where work requiring a permit occurs within a new or existing dwelling or dwelling unit that has an attached garage and/or a fuel burning appliance, an approved carbon monoxide alarm shall be installed outside of each sleeping area in the immediate vicinity of the bedroom(s). Each carbon monoxide alarm shall be installed on the ceiling or wall approximately six (6) inches below the ceiling. Sec. 15-347 - Enforcement and inspection authority. (1) The City Manager shall enforce the provisions of this ordinance and is hereby authorized to make inspections to verify that a dwelling or dwelling unit is in compliance with this ordinance. (2) Inspection access: Initial request for inspection access shall be made to the owner, operator, or occupant of a dwelling or a dwelling unit. If the owner, operator, or occupant fails or refuses to allow inspection access to the dwelling or dwelling unit for any inspection pursuant to this ordinance, the code official will notify the owner, operator, or occupant of the dwelling or dwelling unit in writing of the inspection access request. The owner or operator shall provide access within twenty-four (24) hours of receiving written inspection access request. If a written request is still denied by the owner, operator, or occupant, then the code official may seek a search warrant or other appropriate court order authorizing such inspections and/or may suspend such license until entry and inspection is allowed. Sec. 15-348 - Notice of violation. Whenever the code official determines that any dwelling or dwelling unit or the premises 29 surrounding any of these fails to meet the requirements set forth in this ordinance, he shall issue a notice setting forth the alleged failure and advising the owner, operator, or occupant that such failure must be corrected. This notice shall: (1) Be in writing; (2) Set forth the alleged violations of this Article; (3) Describe the dwelling, dwelling unit or other premises where the violations are alleged to exist or to have been committed; (4) Provide a reasonable time not to exceed nine (9) months for the correction of any alleged violations; and (5) Be served on the owner, operator, and/or occupant of the dwelling or dwelling unit personally, or by certified mail, addressed to the last known place of residence of the owner, operator, or occupant. If upon a diligent effort to locate the owner, operator, or occupant none can be found, notice may be posted on or near the dwelling, dwelling unit, or premises described in the notice. Sec. 15-349 - Suspension or revocation. A license may be suspended upon a finding by the code official that the licensee has received three (3) or more violations. The code official shall give written notice to the license holder of the violations of this ordinance. The suspended license shall be reinstated upon a determination by the code official that the license holder has complied with all the requirements of this ordinance. If a license has been suspended pursuant to the terms of this section, any dwelling units that are owned or operated by that license holder that are occupied and comply with the requirements of this Article, may continue to be occupied by the current occupants during the period of suspension but the 30 license holder may not rent those dwelling units to any new occupants. In addition, such license holder may not rent any newly acquired dwelling units until the license has been reinstated. In the event that a license holder has failed to correct any violation within ninety 90) days after written notice from the code official, or any extension granted by the code official, or has been convicted of two (2) or more violations of this ordinance, the license shall be revoked for a period of one (1) year. A reasonable extension shall be granted by the code official if the license holder has commenced formal eviction proceedings. If a license has been revoked, the license holder may not rent or continue to rent any dwelling units to any occupants during the period of revocation. The Code Official shall give written notice of any applicable suspension or revocation to the license holder and the occupants involved by first class mail, postage prepaid, and sending such notice addressed to the "occupants" at the property address. Sec. 15-350 - Secure unfit and vacated dwellings. The owner or operator of a dwelling or dwelling unit which has been declared unfit for human habitation or which is otherwise vacant for a period of thirty (30) days or more, shall make it safe and secure so that it is not hazardous to the health, safety or welfare of the public and does not constitute a public nuisance. Any vacant dwelling or dwelling unit with open and unguarded doors or windows shall be deemed to be a hazard to the health, safety or welfare of the public and a public nuisance within the meaning of this Section. Any dwelling or dwelling unit determined to be a dangerous building under Article VII of Chapter 7 of the City Code shall be deemed to be in violation of this Section. Sec. 15-351 - Process of complaint. Complaints may be made to the code official in writing, by email, telephone call or other acceptable means. 31 Sec. 15-352 - Appeal to City Manager. Any person aggrieved by any decision of the code official may appeal the decision within ten (10) days to the City Manager. Sec. 15-353 - Penalty. Except as otherwise provided in this Section, any person violating the provisions of this chapter is guilty of a misdemeanor and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for each and every day that such violation continues, or by imprisonment in the city jail for not more than ninety (90) days, or by both such fine and imprisonment. 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. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED THIS DAY OF 2014. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 32 Gayle L. Conrad, CMC, MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 9/8/2014 SUBJECT Appointment of one member to the Airport Advisory Board for a term expiring April 30, 2017. EXECUTIVE SUMMARY Mr. Adam Hanna has resigned his position from the Airport Advisory Board. He was serving a term set to expire April 30, 2014. A copy of the current board roster is attached for your review. BACKGROUND/DISCUSSION According to Section 4-2 of the City Code, "two members of the airport board may be residents of Cape Girardeau, Scott, Bollinger or Perry County. The remaining members must be residents of the City of Cape Girardeau." At the present time, the Board already has two members that live outside the Cape city limits. Board members serve a three-year term. The following individuals have expressed interest in being appointed to the board and their board applications are attached. . John Paul Beardslee (non-resident) . Robin Cole (non-resident) • Mark Seesing • Bruce Skinner • Mark Welker • Walter White STAFF RECOMMENDATION It is recommended that one appointment of a city resident be made to the Airport Advisory Board for a term expiring April 30, 2017. BOARD OR COMMISSION RECOMMENDATION After reviewing the applications on file, Board Chairman Robert Cork recommends that Mark Welker be appointed to the Board. ATTACHMENTS: Name: ❑ Airport Board Roster.doc ❑ beardslee.john-paul.03-18-13.1.pdf ❑ cole. robin.06-16-14.1.pdf ❑ seesing.mark.07-21-14.1.pdf Description: Airport Advisory Board Roster Board App - Beardsley, John Paul Board App - Cole, Robin Board App - Seesing, Mark ❑ skinner.bruce.05-14-14.1.pdf ❑ welker.mark.03-13-14.1.1)df ❑ white.walter.03-11-14.1.1)df Board App - Skinner, Bruce Board App - Welker, Mark Board App - White, Walter CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees July 21, 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. Airport Board Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact —Bruce Loy, Airport Manager, 334-6230. Date Appointed Date Reappointed Term Expires Justin Albright December 21, 2009 4/16/12 April 30, 2015 Bradley Golden February 21, 2012 4/16/12 April 30, 2015 Jason Trickey * August 15, 2011 4/20/09, 4/16/12 April 30, 2015 William L. Tucker, Jr. April 4, 2011 4/15/13 April 30, 2016 Robert Cork April 19, 2010 4/15/13 April 30, 2016 Paul Mingus April 15, 2013 --- April 30, 2016 Vacant (Hanna) August 15, 2011 5/5/14 April 30, 2017 Brian Ozark * October 4, 2010 4/4/11; 5/5/14 April 30, 2017 Craig Bohnsack November 19, 2007 4/4/11; 5/5/14 April 30, 2017 Serve three year terms, appointed by Council. *Two members may be residents of Cape Girardeau, Scott, Bollinger or Perry Counties. Meetings held second Tuesday at 5:00 p.m. at the Airport Restaurant at the Cape Girardeau Regional Airport. A council member may serve as liaison. Staff contact —Bruce Loy, Airport Manager, 334-6230. Gayle L. Conrad, CMC, MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 9/8/2014 SUBJECT Appointment of one full member to the Board of Appeals for a term expiring June 4, 2017. EXECUTIVE SUMMARY Mr. Paul Grebe has resigned his position on the Board of Appeals. He was serving a term set to expire June 4, 2017. A copy of the roster is attached for your review. On May 5 an Ordinance was adopted amending the residency requirements to serve on this board. If no qualified city residents apply for the board, then qualified applicants who are residents of Cape Girardeau County may be considered. The International Building Code (as amended by the city) stipulates that the Board shall consist of seven individuals, not more than two from each of the following professions: (1) registered architect, or builder or superintendent of building construction with 10 years experience; (2) registered design professional with structural engineering or architectural experience; (3) registered design professional with mechanical or plumbing engineering experience, or mechanical or plumbing contractor with 10 years experience; (4) registered design professional with electrical engineering experience or an electrical contractor with 10 years experience; (5) registered design professional with fire protection engineering experience or a fire protection contractor with 10 years experience. In addition, two alternate members may be appointed and shall possess the qualifications required for board membership. Members serve five year terms. BACKGROUND/DISCUSSION With the current makeup of the board, an individual from one of the following professions is eligible to serve: mechanical, plumbing, or electrical. Mr. Mark Strickland currently serves as an alternate on the board, and he has expressed interest in being appointed as a full member. The following applications are on file. Mark Strickland mechanical city resident Robert Blasiney construction city resident contractor/electrical Willie Sandin mechanical/electrical county resident GENERAL DIRECTION Unless directed otherwise, the appointment of one full member for a term expiring June 4, 2017, will appear on your next agenda for consideration. ATTACHMENTS: Name: ❑ Appeals.roster.doc ❑ blasiney.robert.07-11-14.1.1df ❑ strickland.mark.03-27-14.1.pdf ❑ sandin.willie.05-06-14.pdf Description: Board of Appeals roster Board App - Blasiney, Robert Board App - Strickland, Mark Board App - Sandin, Willie CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees August 21, 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 ofAppeals Date Appointed Date Reappointed David C. Pfeiffer (structural engineer) June 5, 1990 7/11/95, 5/15/00, 5/16/05 Farris Nabors (contractor/electrician) December 18, 1995 9/23/00; 8/15/05 Michael Annis (contractor) (Sebek) (served as alternate) Melanie Cantrell (structural engineer) Vacant (Paul Grebe plumber) Kristen Uhrhan (architect) (alt.) Joe Burton (mechanical) Glen Hinkebein (contractor) Mark Strickland (mechanical) (alt.) March 4, 2013 April 2, 2001 December 15, 2008 May 15, 2000 June 2, 2014 September 4, 2001 June 2, 2014 June 2, 2014 5/17/10, 9/20/10 7/6/04; 5/18/09 Term Expires June 4, 2015 September 4, 2015 June 4, 2016 6/4/12 June 4, 2017 5/20/02; 5/21/07;6/4/12 June 4, 2017 --- June 4, 2018 4/21/03; 6/2/08; 5/20/13 June 4, 2018 June 4, 2019 June 4, 2019 Serve five year terms, appointed by Council. Of the seven members, no more than two from each of the following professions: (1) Registered design professional that is a registered architect; or a builder or superintendent of building construction with at least 10 years experience 5 of which shall have been in responsible charge of work; (2) Registered design professional with structural engineering or architectural experience; (3) Registered design professional with mechanical or plumbing engineering experience; or a mechanical or plumbing contractor with 10 years experience 5 of which shall have been in responsible charge of work; (4) Registered design professional with electrical engineering experience; or an electrical contractor with at least 10 years experience 5 of which shall have been in responsible charge of work; (5) registered design professional with fire protection engineering experience; or a fire protection contractor with at least tenyears experience 5 of which shall have been in responsible charge of work. If no applications from qualified residents, the qualified applicants from Cape Girardeau County may be considered (Ord. 4567) Meetings held second Thursday at 7:00 p.m. in Council Chambers. Board considers appeals from the building codes. Staff contact— Tim Morgan, Inspection Services Director. 339-6327. Staff: Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 9/8/2014 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 expired. 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. 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 is 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. Robert Blasiney electrician/construction contractor resident Damian Craig not licensed resident Tom Fitzgerald electrician resident Daniel Presson not licensed resident Walter White not licensed resident STAFF RECOMMENDATION The City Council has two options: 1. Appoint Mr. Blasiney, who is the only qualified applicant for the position to be filled. 2. Consider the previously proposed ordinance to make the review a staff function. ATTACHMENTS: Name: ❑ Examiners roster.doc ❑ blasiney.robert.07-11-14.1.1df ❑ craig.damian.08-12-14.1.dfdf ❑ Fitzgerald.Tom.08-22-14.1.pdf ❑ 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 App - Blasiney, Robert Board App - Craig, Damian Board App - Fitzgerald, Tom 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. 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 9/8/2014 SUBJECT Appointment of one regular member to the Girardeau Goes Green Advisory Board for a term expiring July 1, 2017. EXECUTIVE SUMMARY Mr. Patrick Koetting was serving a term on the Girardeau Goes Green Advisory Board for a term set to expire July 1, 2014. At that time, Mr. Koetting was serving a temporary position on the City Council and was not eligible to be reappointed. The Board requested that the position be held open, and Mr. Koetting be reappointed when his term on the Council expired in August of 2014. Mr. Koetting has now indicated that he does not wish to be reappointed to the Board at this time. A copy of the board roster is attached for your information. Chris Macke is currently serving as an ex -officio members and wishes to be appointed as a full member. In addition, the following individuals have expressed interest in serving on the board, and their applications are attached: Patrick Elfrink 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. GENERAL DIRECTION Unless directed otherwise, one regular member appointment for a term expiring July 1, 2017, will appear on your next agenda for consideration. If the current ex -officio member is selected for the position, then one appointment of an ex -officio member will be necessary for a term expiring July 1, 2015. ATTACHMENTS: Name: ❑ Green Board.roster.doc ❑ macke.christopher.03-30-14.1.pdf ❑ presson.daniel.04-03-14.1.pdf ❑ elfrink.patrick.04-22-14.1.pdf ❑ reutzel.forest.12-05-13.1.1)df ❑ welker.mark.03-13-14.1.pdf ❑ otte.michelle.05-14-14.1.pdf Description: Green Board Roster Board App - Macke, Christopher Board App - Presson, Daniel Board App - Elfrink, Patrick Board App - Reutzel, Forest Board App - Welker, Mark Board App - Otte, Michelle CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees August 21, 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 Jeff Green David Epps Chris Macke - Ex -officio Sam Blackwell Marc Mahnke Annabelle Criddle Stephen Overmann - Ex -officio Temp. Vacant (Koetting) Steve Maldonado Joe Uzoam - Ex -officio Council effective with terms commencing January 8, 1996. Girardeau Goes Green Advisory Board Date Appointed September 23, 2013 September 23, 2013 July 7, 2014 March 21, 2011 April 7, 2014 April 7, 2014 July 6, 2009 January 24, 2012 October 17, 2011 April, 2014 Date Reappointed Term Expires --- July 1, 2015 --- July 1, 2015 --- July 1, 2015 6/17/13 July 1, 2016 --- July 1, 2016 --- July 1, 2016 6/18/12 July 1, 2015 --- July 1, 2017 7/7/14 July 1, 2017 --- 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. Staff: Gayle L. Conrad, City Clerk Agenda: 9/8/2014 SUBJECT Appointment of two members to the Golf Course Advisory Board for terms expiring September 4, 2017. EXECUTIVE SUMMARY The terms of Mr. Charles Heady and Robbie Guard expired on September 4, 2014. Mr. Heady is not eligible to be reappointed due to term limits. Mr. Guard is the designated representative from the Cape Jaycees, and they have requested that he be reappointed. A copy of the board roster and attendance roster are attached for your reference. BACKGROUND/DISCUSSION According to Section 18-53(a) of the City Code, A person appointed to the municipal golf course board shall be c taxpayer and qualified voter of the City. One (1) member of the municipal golf course advisory board shall be c member of Cape Jaycees and designated by that organization as its representative on the golf course advisor) board. " Mr. Robbie Guard serves as the Jaycee representative. The following individuals have expressed an interest in serving on the board, and their advisory boars applications are attached. Earl Buchheit H.W. Meyr Patrick Elfrink David Milam David Goehring Keith Sander Seth Hudson Jim Stovall William Isbell Jack Watts GENERAL DIRECTION Unless directed otherwise, two appointments to the Golf Course Advisory Board forterms expiring September 4, 2017, will appear on your next agenda for consideration. ATTACHMENTS: Name: ❑ Golf Board.roster.doc ❑ Golf Board.roster attendance.xls ❑ auard.robbie.09-03-08.1.Ddf ❑ buchheit.earl.11-27-13.1.1)df ❑ elfrink.Datrick.04-22-14.1.Ddf ❑ goehring.david.05-28-13.1.pdf Description: Golf Board Roster Golf Board Attendnce Board App - Guard, Robbie Board App - Buchheit, Earl Board App - Elfrink, Patrick Board App - Goehring, David ❑ hudson.seth.10-28-13.1.pdf ❑ isbell.william.12-19-13.1.pdf ❑ meyr.hw.10-03-13. tt1df ❑ milam.david.11-05-13.1.pdf ❑ sander.keith.10-04-13.1.pdf ❑ stovall.jim.12-10-13.1.1df ❑ wafts.] ack.10-23-13.1.1df Board App - Hudson, Seth Board App - Isbell, William Board App - Meyr, HW Board App - Milam, David Board App - Sander, Keith Board App - Stovall, Jim Board App - Wafts, Jack CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees August 21, 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. Golf Course Advisory Board Council member, ex -officio Serve three year terms, appointed by City Council. One member shall be a member of Cape Jaycees and designated by that organization is its representative. Regular meetings held fourth Thursday at Noon at the A.C. Brase Arena. Parks and Recreation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff contact— Julia Thompson, Parks & Recreation Director 339-6340. Date Appointed Date Reappointed Term Expires Heady, Charles V. Jr. September 3, 2002 8/15/05; 8/15/11 September 4, 2014 Robbie Guard (Jaycees) September 15, 2008 8/15/11 September 4, 2014 Eugene Farrar July 18, 2011 11/7/11 November 12, 2014 Richard Fehr November 18, 2013 --- November 12, 2015 Jerry Grim October 15, 2012 --- November 12, 2015 Mark Ervin November 18, 2013 --- November 12, 2016 Robert Pastrick November 5, 2007 H/1/10; 11/18/13 November 12, 2016 Jerry Brey December 5, 2011 02/03/14 January 18, 2017 James Hastings, Chairman July 18, 2005 1/7/08; 1/25/11; 02/03/14 January 18, 2017 Council member, ex -officio Serve three year terms, appointed by City Council. One member shall be a member of Cape Jaycees and designated by that organization is its representative. Regular meetings held fourth Thursday at Noon at the A.C. Brase Arena. Parks and Recreation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff contact— Julia Thompson, Parks & Recreation Director 339-6340. Me] 40610111: IMilDIN1:107:ra:Zi7ilNC Attendance Record Ordinance effective 4/13/00 X = present, A = absent MOW 80 8 - -:.- 00000��r�u�uuu •- � - �� MOW 80 8 - . . - 000000000■-■� �� -- • - 00000000■ ■o�w■ ■�� - o0000000rr� -- • - :�� • ��u� Staff: Bruce Taylor, Deputy City Clerk Agenda: 9/8/2014 SUBJECT Airport Board, July 8, 2014 Chamber of Commerce Board of Directors, September 9, 2014 Girardeau Goes Green Advisory Board, August 12, 2014 Keep Cape Beautiful Beatification Committee, July 29, 2014 Tree Board June 9, 2014 ATTACHMENTS: Name: ❑ min. airport. 07-08-14.special.pdf ❑ Chamber of Commerce Board of Directors 9-2-14.pdf ❑ mins.girardeaugoesgreen.regular.doc ❑ min.keepcapebeautiful.07-29-14.regular.idf ❑ min.tree.6-9-14.regular.pdf Description: Airport 7/8/14 Chamber Board 9/2/14 Girardeau Goes Green 8/12/14 Keep Cape Beautiful 7/29/14 Tree Board 6/9/14 July 08, 2014 Cape Aviation Conference Room Members Present: Justin Albright, Craig Bohnsack, Robert Cork, Brad Golden, Paul Mingus, Brian Ozark, Jason Trickey, Bill Tucker Others Present: Bruce Loy, Airport Manager; Katrina Amos, Project Specialist I. MINUTES OF PREVIOUS MEETING: The meeting was called to order at 5: l 1pm. Mr. Tucker moved and Mr. Mingus seconded the motion to approve the June 10, 2014 minutes. The motion passed by unanimous vote. IL APPEARANCES A. None III. OLD BUSINESS A. Airport Activity Report — Mr. Loy informed the Board that the Airport Usage Report could not be completed for month of June; data from the monthly airline enplanements was not received in order to complete the report. Mr. Loy hopes to have this at the neat Board meeting for review. B. Cape Aviation Report — Mr. Loy presented the Cape Aviation Fuel Report for June 2014. The report was consistent with previous months and remained steady. It was noted the airline is taking less fuel which could be attributed to higher load factors. C. Project Updates — • Commander Update — Mr. Loy informed the Board that there are three pieces of machinery left in the Commander hangar. There has been interest in the hangar and several options are being considered at this time. Mr. Loy will keep the Board updated on any new developments. • New T -Hangar Leases - Mr. Loy informed the board that the new t -hangar lease agreements have been sent to airport tenants for review and signatures. Some lease agreements have already been returned. If they are all returned in time, Mr. Loy would like to add them to the July 21" City Council agenda for approval. • T -Hangar Construction Update— Mr. Loy informed the Board that water ponding and back -flowing into the hangars is still an issue but Mr. Loy is hopeful this will be corrected soon. There were also problems with leaks around the light fixtures but this has been corrected. Discussions continued on the topic. • Removal and Repainting of Centerline Striping and Hold Bar— Mr. Loy informed the Board that the centerline striping and hold bar project went out to bid and was awarded to Gilbert Construction. Crawford, Murphy, & Tilly, Inc. (CMT) will oversee the project. The bid has been approved by City Council with the project scheduled to begin soon. • Snow Removal Equipment — Mr. Loy informed the Board that he is currently reviewing the bid packet for the front end loader/snow blower being purchased for the airport. The equipment is bid out as a package to ensure both pieces of equipment are compatible. CMT is also overseeing this project. • Runway Visual Range (RVR) Construction — Mr. Loy updated the Board on the status of the RVR project. They have finished boring at the approach end of runway 10 and taxiway alpha has been closed due to work being completed in close proximity. There have been difficulties installing the two (2) censors but the construction company is trying to work out a solution. Discussion continued on the topic. • Land Acquisition — Mr. Loy informed the Board that City management is interested in purchasing land available near the existing airport property. Mr. Loy went into the history of previous land acquisitions and hopes the City is successful in purchasing the additional land. Mr. Loy noted that an appraisal has been ordered. He will report updates to the Board as they become available. Discussion continued on the topic. IV. NEW BUSINESS A. Agricultural Issues — Mr. Loy reported to the Board on the status of potential agricultural issues near the airport regarding certain crops that attract water fowl to the area. Mr. Loy is in the process of scheduling a meeting with local pilots to make them aware of the situation. Several Board members suggested contacting state representatives for help with the issue. Mr. Loy plans to have discussions with MoDOT and FAA officials for their feedback. Discussion continued on the topic. V. NON -AGENDA ITEMS A. Wildlife Hazard Assessment — Mr. Loy reported that the Wildlife Hazard Assessment has been completed and the United States Department of Agriculture (USDA) is currently working on the report There being no other business, Mr. Mingus moved to adjourn the meeting and Mr. Tucker seconded the motion. The meeting was adjourned at 6:15pm Minutes prepared by, Katrina Amos Project Specialist Cape Girardeau Area Chamber of Commerce Board of Directors Tuesday, September 2, 2014, 7:30 a.m. Chamber of Commerce Board Room (*-Action should be anticipated) U -=- Planning and Governance 2. *Minutes 3. *New Members / Drop Members 4. *Financial Statements — If Available 5. Fire Sales Tax Issue 6. Budget Process 7. Strategic Plan Process 8. MAGNET — Additional Information for the Board 9. Executive Staff Reports 10. Standing Reports a. Cape Area Magnet b. Convention & Visitors Bureau c. City of Cape Girardeau d. Cape Girardeau County e. Southeast Missouri State University f. Cape Girardeau Public Schools g. OTC Other Items 11. Other Business 12. Adjourn President's Report August 2014 August I — August 2: • Vacation Day August 3 — August 9: • Hosted Executive Committee • Wrote article for the newsletter • Spoke with land owner on availability for project • Hosted Board of Directors meeting • Worked with Nash Road prospect • Attended Community Advisory Group meeting for the 66 Corridor at Shawnee Community College • Toured Select Plastics with the MAGNET Board of Directors • Participated in Missouri Partnership Advisory Board meeting via conference call • Attended Lions Club meeting • Spoke with several business people and pilots on rice issues • Spoke with local developer on building availability issues • Attended POIS leadership team meeting • Attended development planning meeting at the SEMO Port with Tim and Molly Hood • Worked on several development projects August 10 —August 16: • Spoke with Tom Schulte on upcoming visit • Met with Bev Hickam on training issues and upcoming legislation • Met with local media partner on opportunities • Attended event at the Port with Senator Blunt • Attended Grow Strong Luncheon • Met with city and University officials on project • Attended Jackson Industrial Development Committee meeting • Met with Nash Road business owner on expansion possibility • Attended annual Sewer Park Board of Directors meeting • Hosted meeting of the Transamerica Corridor group • Vacation day - took son Alex to Belmont University for Freshman year August 17 — August 23: • Vacation day - took son Aaron to the University of Notre Dame for a week of Air Force ROTC orientation • Reviewed existing business call information • Attended Business After Hours • Arranged several Lions Club programs • Attended POTS Leadership Team meeting via conference call • Attended Lions Club meeting • Two vacation days — picked up son Aaron from Notre Dame and took him to Valparaiso University for Freshman year August 24 — August 31: • Prepared for MAGNET Board of Directors meeting • Brief appearance at the Strategic Planning meeting • Arranged prospect visit • Hosted MAGNET Board of Directors meeting • Met with downtown developer on possible project • Met with Tim and representative from Western Governors University — Missouri on local opportunities • Met with Tim and Rich Payne on CTC and training opportunities • Booster Club BBQ • Staff meeting • Met with local volunteer on opportunities • Met with James Stapleton and Chris Foeste on entrepreneurial efforts • Attended Lions Club meeting — introduced program • Attended meeting at City Hall with city officials and Tim on marketing opportunities and plans to market available airport building • Participated in Missouri Development Finance Board special call meeting via conference call to make adjustments to small business loan program to help businesses in Ferguson, MO • Participated in POIS Leadership Team meeting via conference call • Attended United Way Campaign Kick-off luncheon • Met with local business person on future opportunities • Attended SEMO football game • Met with Wes Wade on event opportunities • Attended United Way CEO luncheon In addition, I met or spoke with more than 43 members and non-members on issues of importance to the area. Vice President's for Community Development Report August 2014 August 1—August 2: • Attended and led apanel discussion atFirst Friday Coffee • Verus Global Training with City of Cape Leadership August ]— August 9: * Executive Committee meeting • Visited and toured sites with aeconomic development prospect m Attended Chamber Board meeting • Participated iMDebbie's Birthday lunch etChamber • Met with SightnSoundMedia about Educator ofthe Year Videos * Met with ACA Navigator with East Missouri Action Agency about training program for area insurance brokers inOctober ° Toured 5e|e(1 Plastics new facility with MAGNET Board w Attended Chamber Staff meeting • Worked inoffice Vnvarious projects inc|udingEducatVroftheYear,VVorkReady'Retention Visits • Attended Verus Global Leadership Team meeting • Met with Melissa Stickel from United Way about community development initiatives • Attended meeting with development partners about SEMO Port infrastructure and expansion needs m Met with Brian Tapp and staff about Entrepreneurship conference, Innovation Index draft and other projects inprogress • Met with development partners August 1O—August 16: m Met with Chamber Executive Staff • Met with United Way, OTC and City leaders about new concept for United Way • Attended iR|Emeeting about Entrepreneurship Conference plans w Worked inoffice onvarious development projects • Met with Mineral Area College Industry Training Director about customized training needs and future partnerships • Hosted Health and Human Services Committee meeting • Attended Chamber staff meeting * Attended Verus Global Leadership Team meeting • Attended Grow Strong Luncheon • Attended Transportation Committee meeting m Vacation day —took Faith 1VAudiology inSt. Louis, she is doing awesome, hearing levels are great with her new cochlear implant! w Attended Outdoor Exhibition meeting • Attended []/BExecutive Committee meeting • Attended lunch meeting with City VfCape's Assistant City Manage m Met with local developer about amanufacturing prospect • Met with economic development partners August 17—August 23: • Met with Tracey Glenn about aneconomic development promotion piece w Attended Healthy Communities Coalition meeting w Attended Outdoor Exhibition Planning Meeting • Worked inoffice onvarious projects and initiatives * Hosted Business After Hours atHotShots • Attended Chamber Staff meeting w Met with MEDC Region 7 members in Sikeston on training opportunities and legislative agenda for 2015 • Attended OTC Economic Restructuring Committee meeting ` * Traveled toJefferson City • Attended Chamber Executives Dinner Meeting hosted by the Missouri Chamber of Commerce * Presented LoChamber Management Academy onLeadership &Vision August 24—August 31: * Met with Chamber Executive Staff • Hosted Chamber Strategic Plan Team Meeting atKFVS p Met with Brian Tapp ondevelopment projects * Met with the Chancellor VfWestern Governors University m Met with CTC Director about business training needs and future partnerships * Attended Chamber staff meeting • Attended Verus Global Leadership Team meeting p Met with Paradi.nmeabout Codefiand partnerships * Worked iDoffice onvarious projects and initiatives m Met with City Leaders onformer Commander Building and marketing opportunities onit's availability m Attended United Way Campaign Kickoff • Took l66ayVacation tVspend time with family a1Lake Vfthe Ozarks Haskell August, 2014 August 4 — 6 • Met with Steve Brown, Baker Implement, toured facility Met with Bob Sherrill, Mid America Rehab • Met with Dwana Leible, Gibson Recovery Center • Met with Morgan Beasley, Capetown Assisted Living, toured facility Sent thank you notes to participants August 11 —13 • Met with Curt Buchheit, Cape Electrical Supply • Met with Denise East, Cape Ultimate Skin Care • Met with Donna Carpenter, Leggett & Platt, toured facility • Met with Daryl Owens, Carpenter's District Council • Attended Sen. Blunt event at SEMO Port • Attended Grow Strong • Referred lighting issue on Nash Road to MoDot • Researched salary ranges for general laborers for Cape Polymers (using MERIC) • Sent thank you notes to participants August 18 -- 21 • Met with Tammy Piel, Forklifts of Cape, Inc., toured facility • Met with Gay Hartness, Heartland Care & Rehab Center 9 Attended Business After Hours • Attended Coffee with a Cop • Met with Kirk Metje, G & M Trailers • Met with Debbie Bollinger, Fabick Brothers • Hosted Business Builders • Sent thank you notes to participants August 25 — 27 • Met with Alan Gregory, Gregory Construction • Attended Ribbon Cutting for Coffee and More • Met with Rick Feiner, Reveal Graphic, toured facility • Met with Dave Boyer, Canedy Sign, toured facility • Met with Pat Naeger, Healthcare Equipment and Supply • Sent thank you notes to participants • Contacted the following businesses to thank them for their participation in the Wage Survey: Procter & Gamble; Schaefer's Electrical Enclosures; BioKyowa; America Rail Car; Mondi; Havco; Cott Beverages; Faurecia Emissions; Gilster-Mary Lee • Researched information on the MO Shared Work Program -- Shared information with ARI who was unfamiliar with the program. • Contacted Leggett and Platt HR director to discuss Shared Work Program • Contacted Custom Cable to discuss Shared Work Program • Sent regret emails to businesses not interested in participating in the Business Visitation Program: Audiology Associates, Blue Cross, Hobart Sales, John A. Huber Co., Innovative Insurance Consultants, Medi Center Pharmacy, Premier Rehab, Landmark Hospital • Meetings scheduled for September: ServPro, Major Custom Cable, Jayne Scherrman, Havco, Life Care Center • Meeting scheduled for November: Inter Rail Systems Kim Voe|ker Membership Development Specialist Report August 2014 AuQustI—AugmstQ * Attended First Friday Coffee ~ Attended ribboncutting for K4urie|'sGarden w Prepare for upcoming Grow Strong Luncheon ` * Coordinated submissions for August edition ofinside Commerce ~ Attended staff meeting * Prepared and recorded Chamber Minute atKAPERadio • Met with John and Tim • Make preparations and attended CYPPlanning committee meeting * Attended Leadership Development committee meeting • Make preparations for upcoming Business Builders Workshop — Mental Health First Aid ~ Work onprogram topics for FFC * Vacation day onAugust 6,2U14 p Met with OTC Director • Met with Chief Blair August 11—August 15 • Attended staff meeting * Finalized RFP for social media and sent out • Assisted with office coverage during Debbie's vacation • Attended ribbon cutting and open house for Realty Executives * Prepared and recorded Chamber Minute atKAPERadio • Prepared and recorded "Buy Local" spot torun inSeptember * Make final preparations for Grow Strong Luncheon * Attended Grow Strong luncheon ° Confirmed BAH sponsors • Finalized details for CYPTales from the Top • Attended CYP Tales from the Top at Katy O'Ferrell's August %8—August 22 * Prepared and recorded Chamber Minute atKAPERadio • Met with Chief Blair todiscuss FFCPresentation * Finalized details for BAH * Attended BAH atHot Shots ~ Finalized details for Mental Health First Aid Workshop * Coordinated Ambassador committee meeting ~ Met with John &Tim • Attended CCEk4Management Academy (CK4A)inJeff City, Wed. 8/2U—Fri. 8/22 August 25—August 29 ° Prepare for upcoming Leadership Development meeting * Update Leadership Cape materials; 2015 brochure and application, session planning, etc. • Attended United Way Campaign Kickoff p Attended ribbon cutting for Coffee nMore * Attended game night with Robinson Construction • Prepared and recorded Chamber Minute atKAPERadio w Met with John Q,Tim * Confirm sponsors and speaker for FF[ ^ Began reviewing social media services proposals * Prioritized ideas from CCEM CMA for membership retention strategies in 2015 1� 400 Broadway, Suite 100, Cape Girardeau, MO 63701 visitcape.com — (800) 777-0068 — (573) 335-1631 Labor Day at Fort D Monday, September 01, 2014 Location: Cost: Location: Fort D Historic Site Cost: Free Description: Join local re -enactors at Fort D as they demonstrate rifle and cannon fire and dutch oven cooking, Original Songwriters Night Tuesday, September 02, 09, 16, 23, 30, 2014 Location: Port Cape Girardeau Cost: Free Sign-up and sing your original songs, Musicians and singers can sing up to three original songs. Cape Farmer's Market Thursday, September 04, 11, 18, 25, 2014 Location: West Park Mail back parking lot, Mt. Auburn Road entrance Cost: Free The Cape Farmer's Market is held every Thursday afternoon from 12:00 - 5:00 pm (or until sold out) from April 17th to November 20th, 2014. The market includes fresh produce and homemade offerings all locally sourced from throughout the area. Belleville The Movie Friday, September 06, 06, 07,08, 2014 Location: Cape West 14 Cine Cost: $10.00 Adult, $6.50 Child, $7,50 Senior Bellevile the movie's filmmakers have ties to Cape Girardeau, and the movie will show at Cape West 14 Cine. Around Town Artwalk & First Friday with the Arts Friday, September 05, 2014 Location: Various Cost: Free Art Around Town is an association of galleries and studios dedicated to promoting and showcasing the visual arts; discover art venues in Cape Girardeau open from 5 - 9 p.m, the first Friday of every month. Many of the galleries will have a new show opening on the First .4 - Friday of each month with local, regional and national artists displaying their artistic and diverse mediums. Several galleries provide light refreshments for the added enjoyment of visitors. Participating galleries and exhibit information can be found here. Numerous downtown businesses stay open on the First Friday of every month from 5 - 9 p.m. and often feature special demonstrations and events. Tunes at Twilight Friday, September 05, 2014 Location: Common Pleas Courthouse Gazebo (Lorimier & Themis) Cost: Free Tunes at Twilight is an award winning (and free!) outdoor concert series organized by Old Town Cape and held on Friday nights for 6 weeks in the spring and 6 weeks in the fall. Gather your family and friends and bring a lawn chair or picnic blanket and some snacks. Sabrina & Tony will perform at the September 5th Tunes at Twilight. No stranger to performing, Sabrina has graced the stage from Nashville's Bluebird Caf& to Montana's Music Ranch to London's Regal Room. Regardless of the venue, the listener is immediately drawn in by Sabrina's distinctive guitar styling, her velvet -fired voice and lyrics that speak to the intelligent heart. Get more information on Sabrina & Tony here. Cape Riverfront Market Saturday, September 06, 13, 20, 27, 2014 Location: 35 South Spanish Street Cost: Free At Cape Girardeau's only downtown farmer's market, you'll find fresh fruits and vegetables, meats, cheeses, eggs, nuts, honey, maple syrup, breads, baked goods, jams, art and crafts all locally grown, produced or prepared by the vendors. The market also features unique demonstrations and music and a shady sifting area where you can sit a spell and visit while enjoying good food. SNAP/EBT (formerly food stamps) accessibility is available. 159th SEMO District Fair Parade Saturday, September 06, 2014 Location: Parade Route runs from Capaha Park along Broadway to Kingshighway to the Fairgrounds at Arena Park Cost: Free Celebrate the fair with the fair parade, from Capaha Park to the fairgrounds. Agricultural exhibits, rides, fair food, concerts, community events and so much more ... at the SEMO District Fair, September 6-13, 2014! 159th SEMO District Fair Saturday, September 06 thru 13, 2014 Location: SEMO District Fairgrounds in Arena Park Cost: $5 ages 12+, Weekly Pass $30 Agricultural exhibits, rides, fair food, concerts, community events and so much more ... at the SEMO District Fair, September 6-13, 2014! 8:30 a.m.: Antique Tractor Pull by Egypt Mills Antique Tractor Club; Grandstand, Free Admission 9:30 a.m.: SEMO Fair Parade from Capaha Park Noon - 5 p.m.: Lowery Carnival $25 Wristband 7 p.m.: DeWitt Auction/D&S Salvage Co. will host a Hotrod Truck and Tractor pull in the grandstand at 7 p.m., tickets $12 and $17 SEMOFair.com has a full listing of daily events. Saturday Social: Sparky Campanella & Thomas Smugala Saturday, September 06, 2014 Location: Arts Council of Southeast Missouri Cost: Free Saturday, September 6 from 11 a.m. to 3 p.m., the Arts Council of Southeast Missouri will host two artist talks featuring Sparky Campanella and Thomas Smugala. Campanella is scheduled from 11 am — 1 pm, and Smugala will present from 1 pm — 3 pm. Photographer Sparky Campanella will be in Cape Girardeau for the opening of his exhibit Sparky Campanella: Horizon, on display at the Rosemary Berkel and Harry L. Crisp 11 Museum from September 6 — October 26. The exhibit features color photography focused on the point where nature and urban worlds collide. On Saturday, Campanella will give an informal talk on his aluminum printing technique, and will provide tips to help artists gain exposure on the national stage. Thomas Smugala is both a professional photographer and the editor of 573 Magazine. This year, Smugala will serve as juror for the Arts Council's 2nd Annual Members Exhibit. His photography makes use of the newest digital technologies, encompassing both art and advertising. Originally from St. Louis, he has since worked as a photographer in New York, Los Angeles, and across the world. Smugala's Saturday Social will center on the topic of balancing art and commerce. He will also be available for a Q&A session to follow this presentation. Registration for both talks is appreciated but not required. To register please call the Arts Council at (573) 334-9233. Queen of the Mississippi Docking Sunday, September 07, 2014 Location: Riverfront Park Cost: Free The Queen of the Mississippi will be docked at Cape Girardeau on Sunday, September 7th at 11:30 p.m. -Monday, September 8th at 12:30 p.m, Times are approximate as they are dependent upon river levels and currents. Come on down to Cape Girardeau's riverfront to see this 250 foot long vessel that holds 150 passengers! Passengers from all over the world will be touring and exploring Cape Girardeau's historic downtown while the boat is docked here Cannonball Run Tuesday, September 09, 2014 Location: Cost: Location: Downtown Cape Girardeau Cost: Free Description: Join us in historic downtown Cape Girardeau as the Motorcycle Cannonball endurance run stops by! This coast to coast route takes antique motorcycles (manufactured prior to 1937) on a 4150 mile route from Daytona, Florida to Tacoma, Washington from September 5th -21st, 2014. The Motorcycle Cannonball Run will be making an overnight stop in Cape Girardeau on Tuesday, September 9th, 2014. Find out more about the local festivities here! Contact: 573-335- 1631 and Website Southeast Speaker's Series - Richard Plcclotto: Last Man Down Wednesday, September 10, 2014 Location: Academic Hall Auditorium Cost: Free 4, C0114VENTIO) YSuf 409 Broadwa 7ei 0 .c.. -(800) visitcape.com (8001 400 Broadway, Suite 100, #873 August 2014 advertising totals 1 AK 0.11% 1 DE 0.11% I MT 0.11% 1 NB 0,11 1 ND 0,11% 1 NL 0.11% 1 NM 0111% 1 NT 0.11% 1 LIT 0.11% 2 ID 0.23% 2 MD 0.23% 2 NH 0.23% 2 OR 0,23% 2 QC 0.23% 2 sc 0.23%, 2 SD 0.23% 2 VT 0.23% 2 V" OM% 3 AS 0.24% 4 BC 0.46%. 4 SK 0.46%1 5 AL 0.57% 5 CT 0.57% 5 MB 0.57% 5 Ms 0.57% 5 NV 0.57% 6 AZ 0,69%, 8 MA 0.92%1 9 WA IM%j 10 NJ 1.15% 10 TN 1.15% 11 KY 1.26% 12 NC 1.37% 12 VA 1.37% 13 GA 1.49%1 14 AR 1.60%1 14 CO 1,60% 15 MIN 1.72% is OK 132% 19 LA 2.18% 19 ON 2.18% 19 PA 118%1 20 NY 2.29% 20 OH 2.29% 21 CA 2.41% 21 NE 2.41% 23 W1 2.63% 26 MI 2.98%1 36 IN 4.12%1 38 FL 4.35% 39 IA 4.47% 40 KS 4.58% 40 TX 4.58% 112 IL 12.93% 168 MO 19,24% 873 &VISITORS BUREAU pe Girardeau, MO 63701 7-0068 - (573) 335-1631 1 #300 Incoming calls I #94 Walk In Visitors 2 AL 2,13% 6 AR 6.38% 2 CA 2.13% 2 CO 2.13% 6 FL 6.38% 2 GA 2.13% is IL 15.96% 6 IN 6.38% 2 KS 2.13% 3 KY 3.19% 1 LA 1.06% 2 MI 2.13% 9 MO 9.57% 2 Ms 2.13i.7 I NC 1.06%, 3 ND 3.19% 1 OH 1.06% 2 OR 2.13% 2 sc 2.13% 2 TN 2.13% 5 TX 5.32% 2 LIT 2.13% I WI 1.060%" 2 Austalia 2.13% 2 France 2.13% 5 London UK 5.32% 4 Switzerland 4.26% 2 The Netherlands 2.13% 1 #300 Incoming calls I #21 VG Mail Request 2 AR 9.5290 1 CA 4.76% 2 IL 9.52% 1 IN 4.760% 1 KS 4.76%1 9 MO 42.86% 3 Ms 14,29% 1 NE 4.76% 1 UK 4.76% Cape Girardeau Goes Green Advisory Board August 12, 2014 Meeting Minutes Cape Girardeau Public Library 711 North Clark Street I. Call to Order Chairperson Blackwell called the meeting to order at 6:59 p.m. II. Attendance The following Board Members were present: Sam Blackwell (Chair), Annabelle Criddle, Jeff Green, Chris Macke, Steve Maldando (Vice Chair), and Steve Overmann (Secretary), The following Board Members were absent: David Epps and Marc Mahnke. The following City Representatives were present: Joseph Uzoaru (City Council Liaison).and Mike Schott (City Staff Liaison). The following City Representatives were absent: None. Guests: Patrick Koetting and Jena Uzoaru. III. Approval of July 8, 2014 Minutes Jeff moved approval of the July minutes and Steve M. seconded. The minutes were approved. Self introductions were conducted around the table for the benefit of Mr. Uzoaru. IV. Board Position of Patrick Koetting Patrick was a member of the Green Board. He stepped off of the Board to serve as a temporary member of the City Council. The Board voted to leave his position vacant in anticipation of his return to the Board after the temporary service on the City Council. The recent election filled the Council position. Patrick indicated that he would prefer to serve on the Planning and Zoning Board rather than return to the Green Board. A citizen may only serve on one City board. He said there was an anticipated vacancy on the Planning and Zoning Board in the near future. Patrick said he would continue to participate in the Energy and Transportation Focus Group of the Green Board. This decision by Patrick results in a position vacancy on the Green Board. Mike said that there are five applicants for the Green Board. He indicated that he would distribute copies of the applications via email. Sam indicated that review of the applications and recommendation of a Green Board replacement will occur at the monthly meeting in September. Chris is currently in an ex officio position and will move to full voting status. V. Update on Focus Group Activity A. Energy and Transportation Steve M. and Chris reported that the group had met during the previous month. However, Steve M. had been unable to attend the Focus Group meeting. Chris reported on efforts to follow up on the ideas and information on solar roadways presented at the July meeting of the Board. He indicated that he had attempted to contact the inventor of the roadways for further information, but had received no responses. In the absence of additional information, particularly related to costs, it is not possible to proceed in further consideration of solar roadways. Steve M. and Patrick commented that the technology is promising, but not yet ready for implementation. Chris returned to the issue of mail delivery between City offices. He indicated that further information is needed on costs of the service versus money saved on postage. Mike presented data on the costs related to the City mail vehicle. He indicated that maintenance and fuel for the vehicle was more than $2,000 annually. These costs do not include labor costs for the City employee to drive the vehicle between City offices. Steve M. said that the Focus Group would develop a list of additional questions related to the mail service. When sufficient additional data are available the Focus Group will "crunch the numbers" and arrive at a recommendation. B. Waste Management and Outdoor Sustainability Steve O. and Jeff reported that the group had met during the previous month. The primary discussion item was future projects for the group.. Steve O. reported that Horizon Screen Printing had produced three signs for the wildflower plantings along the bicycle trail. He said that Charles Blattner of Blattner Steel had agreed to fabricate mounting frames so that the signs may be placed at the wildflower plot. The completed mounted signs have not yet been received from Blattner Steel. The discussion returned to efforts to implement a recycling program at the Shawnee Park sports complex. Steve M. had previously reported that he found no recycling containers at the park. Mike reported that he had checked with Mike Tripp, solid waste coordinator for the City, and found that the recycling containers were not visible because they had been filled and were being stored behind the concession stand. Steve O. indicated that he would follow up with Julia Thompson and Brock Davis. Steve O. also said that he would offer to help Parks and Recreation staff revise the handouts and publications for sports teams to include information on improved waste management. He said that if revisions were made now then they would be ready to go the next time these documents are printed. Sam raised the issue of City mowing and yard work on neglected properties under provisions of nuisance abatement. Mike indicated that this work was requiring considerable effort and time of employees of Public Works. Mike said that it would preferable to contract the work to a private company. Discussion between Joe and Mike indicated some confusion about the wording of the nuisance abatement statute and procedures for billing of the costs related to these activities. Sam asked the Waste/Outdoor Focus Group to take this issue under consideration. C. Education Sam indicated that the group had not met. Sam said that he had sent Nicollet the list of green websites. However, these have not been posted to the City web pages because of concern that some of the websites may have potential political undertones. He said that further information and discussion on this will take place during the September meeting when Scott (City Manager) and Eric (City Lawyer) make their annual visit to the Board. VI. Election of New Chairperson Sam indicated that he has served as Chair for one year and it was time for new leadership. Board members thanked Sam for his service. Sam said actions of the Board have been piecemeal and lacked coordinated vision. He suggested that the Board develop a Sustainable/Green Planning statement to guide future efforts. He indicated that the Sustainable Cities Institute website has multiple examples of such statements. Sam nominated Steve M. as the new Chairperson and Steve O. seconded. There were no other nominations. Steve M. agreed to serve and was elected the new Chairperson. VII. Adjournment Jeff moved to adjourn and Annabelle seconded. The meeting adjourned at 8:01 p.m. The next meeting will be held September 9, 2014 at 7:00 p.m. in the Cape Public Library. Respectfully submitted, Stephen R. Overmann CITY Ot CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT BEAUTIFICATION COMMITTEE MEETING Draft MINUTES The Cape Girardeau Beautification Committee met at the Osage Centre on Tuesday, July 29th, 2014 at 3:00 P. M. Present: Staff Present: Lida Mueller Julia Thompson Loretta Schneider Becky Mocherman Sharon Bergman, Administrative Secretary Laura Ritter Mike Tripp, Public Works Guest: Absent: Kasie Essner Brock Davis Brian Langlois A. WELCOME/INTRODUCTIONS B. APPROVAL OF MINUTES Approval of minutes from June 24`" meeting — Becky Mocherman made a motion to approve the minutes and Mike Tripp seconded the motion to accept minutes as presented. Motion passed. C. NEW BUSINESS 1. Committee nominated Jesse Hall for August Business Recognition. Laura Ritter made the motion and Loretta Schneider 2nd the motion for the nomination. There were two other business that were nominated for August : Chick-Fil —A, Southeast Hospital 2. Committee nominated Brian Langlois to become a new member for Keep Cape Beautiful. Becky Mocherman made the motion and Loretta Schneider 2nd the motion. 3. Lida asked about the Morgan Oak property. 4. KCB table at the SEMO District Fair- Julia will contact Pete Poe about the KCB Committee setting up a booth at the fair to distribute information about our committee. Mike Tripp checking on litter bags to distribute. Would also like to have volunteers to man the booth space for the committee. 5. Art Sculptures — Checking into trying to get business in the area to purchase one of the sculptures for their business. D. OLD BUSINESS 1. KCB Brochure complete and handed out at the July meeting. 2. Brock updated the committee on the Vision 2000 garden. Will start laying bricks as soon as they arrive. 3. Julia updated the committee on the Capaha Park Master plan. Shelter scheduled to begin construction on July 1". 4. Discussed future Water Splash pad at Capaha Park. 5. Any additional new information on Way Finding signs and MODOT. No new updates. Julia did mention that the stone signage is in the capital budget. There is no funding for this yet. The casino has funded more money for additional way finding signage. 6. Start preparing educational information for the schools for the Fall, litter bags, etc. E. OTHER ITEMS 1. Council Liaison Report - 2. Mike Tripp made a motion to adjourn meeting, Becky Mocherman seconded the motion, all in favor. Next Meeting September 2nd — 3:00 pm — Osage Centre Respectfully submitted, Sharon Bergman Administrative Secretary Engage individuals, businesses and organizations, to Keep Cape Girardeau Beautiful! AR CITY of CAPE GIRARDEAU PARKS & RECREATION DEPARTMENT TREE ADVISORY BOARD MEETING June 9, 2014 The City of Cape Girardeau Tree Advisory Board held their regular meeting on June 9, 2014, at 12:00 noon at the Osage Centre. Present: Robert Harris, Chairman Rocky Hayes, Vice Chairman Kevin Govero, Board Member Shawn Roll -Huston, Board Member Absent: Dan Grimm, Board Member 1010L1IIRc] Chairman Harris called the meeting to order. MINUTES Julia Thompson, Director of Parks & Recreation Tim Gramling, Public Works Director/Member Brock Davis, Parks Division Manager Staff Present: Diane Boyer, Recording Secretary Chairman Harris requested the approval of the February 10, 2014, minutes. Vice Chairman Hayes made a motion; seconded by Kevin Govero to approve the minutes. Motion passed. IkiIVITA -Ilk Iki1*'99 Brock Davis reported about five years ago a storm came through Cape Girardeau destroying the trees on the cul de sac along Fairview off of Kingshighway. The City has not had funds to do anything at that location. There is a resident who recently contacted Brock requesting permission to plant and care for two Japanese Maples at no cost to the City. Brock told her he would bring it up to the Tree Advisory Board. The board discussed the matter. Chairman Harris asked for a motion to approve the resident planting the two Japanese Maples at the cul de sac along Fairview. Director Thompson made the motion; seconded by Brock Davis. Motion passed with no opposition. Brock will phone the resident and let her know she has permission and remind her the trees must sit back 15 feet. OLD BUSINESS A. Update on Tree Inquiry at 1633 Luce The homeowners at 1633 Luce are concerned the tree is uprooting their driveway and sidewalk. The board visited the location and evaluated the tree a few weeks ago. They all felt the tree is healthy and nothing wrong with it. They decided unless Public Works is planning on replacing the sidewalk there is no point in taking the tree down. TREE ADVISORY BOARD JUNE 9, 2014 PAGE B. Arbor Day Brock Davis stated some of the Crepe Myrtles the board planted on Arbor Day did not survive. Plants Plus will be replacing them. C. Update on Roadway Beautification Parks Maintenance is heavily into the process of pruning the trees along Broadway because they are growing towards the businesses and some cars are having trouble seeing over them. Brock Davis advised some of the Crepe Myrtles at Center Junction did not survive either and will be replaced by Plants Plus. I:Ja091.16" A. Staff Briefs Staff Briefs was handed out to the board members informing them of the upcoming events in the Parks & Recreation Department. OTHER BUSINESS Director Thompson reported the Jaycee Golf Course is replacing $44,000 worth of sod because the winter was extremely hard on the Bermuda turf. Brock Davis replied Golf Maintenance was able to cut some of the sod that survived. Most of it has been replaced with Zoysia. It will take about three years for the Zoysia to fill in. Brock conveyed Golf Maintenance is about 60-70% done. Director Thompson told the board June is Great Outdoors month. On June 4`", the Parks & Recreation Department celebrated National Run/Walk Day. National Trails Day was June 7`". Director Thompson invited the board to the City Council Meeting on Monday, June 16`", where a Proclamation will be given celebrating Out is In. Director Thompson announced the Keep Cape Beautiful Committee awarded St. Francis Hospital Beautiful Business Property of the Month for May and Capaha Bank received the award for June. The Committee is really proud of the local business' continuous effort to keep Cape beautiful. Director Thompson asked the board to email her if they see a business property deserving of the award and nominate them. The Parks & Recreation Department is relocating the fireworks display this 4`" of July and moving them back to the waterfront. There will be no bands this year but there will be a really nice ceremony at the Common Pleas Courthouse and a few vendors will be setup downtown. The 22 minute fireworks display will begin around 9:15 p.m. There will be shuttle buses available from a couple different locations to help with parking. Chairman Harris was wondering since there has been so much rain and cold this year that has affected the bounty from the summer Community Garden if he could do a fall garden so he could plant fall squash to donate to the pantries. Director Thompson thought that was a good idea. TREE ADVISORY BOARD JUNE 9, 2014 PAGE Director Thompson reported the City has been working on a Facility Feasibility Study. This study will determine how to use the restaurant tax which the Osage Centre and Shawnee Park Center have both benefited from. The committee is determining the possibility of a convention center, an indoor sports complex, a natatorium or an Ag Expo center as well as taking a look at how the tax could fund the renovation and upkeep of current facilities. The results of the study will be presented in October. The Missouri Department of Conservation has teamed up with the Cape Girardeau Chamber of Commerce to harvest and catch Asian Carp from the Mississippi River. Director Thompson invited the board to Bel Air on June 17`" for a free taste. The next board meeting will be held on Monday, August 11, 2014, at 12:00 noon at the Osage Centre. ADJOURNMENT There being no other business to come before the board, Chairman Harris adjourned the meeting; Kevin Govero made a motion to adjourn; seconded by Brock Davis. Motion Passed. Meeting adjourned. Transcribed by: Diane Boyer, Recording Secretary