HomeMy WebLinkAbout10-20-14 RegularHarry 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
October 20, 2014
Study Session
5:00 p.m.
Items for Discussion
• Planning and Zoning Commission Report
• Tangible Results - Efficient Movement of People and Goods
• Appearances regarding items not on the agenda
• Agenda review
No action will be taken during the study session
City Council Chambers
City Hall
401 Independence
Cablecast on:
City Public Access Channel 993
www.cityo-fcapegirardeau.org
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
7:00 PM
Invocation
Pastor Dave Conley of Centenary Church in Cape Girardeau.
Pledge of Allegiance
Call to Order/Roll Call
Adoption of the Agenda
Presentations
• Domestic Violence Awareness Month Proclamation
Communications/Reports
Public Hearings
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.
1. Approval of the October 6, 2014, City Council regular session minutes.
2. BILL NO. 14-160, an Ordinance amending Schedule F of Section 26-247 of the City Code,
by establishing no parking anytime along a portion of West End Boulevard, in the City of Cape
Girardeau, Missouri. Second and Third Readings.
3. BILL NO. 14-161, an Ordinance amending Schedule C of Section 26-121 of the City
Code by establishing a stop sign at the intersection of Megan Drive and Boulder Crest Drive, in the
City of Cape Girardeau, Missouri. Second and Third Readings.
4. BILL NO. 14-162, an Ordinance amending Schedule T of Section 26-260 of the City Code,
by establishing handicapped parking along a portion of Spanish Street, in the City of Cape Girardeau,
Missouri. Second and Third Readings.
5. BILL NO. 14-164, 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. Second and Third Readings.
6. BILL NO. 14-165, an Ordinance approving a Settlement Agreement with CenturyLink, Inc., and
related entities relating to payment of telephone business license taxes. Second and Third Readings.
7. BILL NO. 14-168, a Resolution authorizing applications to the Missouri Housing Development
Commission under the 2015 Emergency Solutions Grant Program, for the Safe House for Women.
Inc., Community Caring Council, the Salvation Army, and Catholic Charities of Southern Missouri,
and authorizing the City Manager to execute all necessary grant program documents. Reading and
Passage.
8. BILL NO. 14-170, a Resolution authorizing the City Manager to execute an Agreement with Nip
Kelley q_uipment Company, Inc., for the Mississippi Riverwalk Phase IV in the City of Cape
Girardeau, Missouri. Reading and Passage.
Items Removed from Consent Agenda
New Ordinances
9. BILL NO. 14-166, an Ordinance amending Schedule T of Section 26-260 of the City Code,
by repealing handicapped parking along a portion of Ellis Street, in the City of Cape Girardeau,
Missouri. First Reading.
10. BILL NO. 14-167, an Ordinance approving the record plat of R. Hetzel Property Subdivision 1. First
Reading.
11. BILL NO. 14-169, an Ordinance amending Section 15-14 of the City Code, relating to penalties for
delinquent business licenses. First Reading.
12. BILL NO. 14-171, an Ordinance amending Schedule F of Section 26-247 of the City Code,
by establishing no parking anytime along a portion of Hawthorne Road, in the City of Cape
Girardeau, Missouri. First Reading.
Appointments
13. ADDointment to the Girardeau Goes Green Advisory Board
14. Appointments to the Parks and Recreation Advisory Board
15. Appointments to the Planning and Zoning Commission
16. Appointment to the River Campus Board of Managers
17. ADDointment to the Show Me Center Board of Managers
Other Business
Meeting Adjournment
Memos
• ADDointments to the Southeast MetroDolitan Planning Organization (SEMPO) Board of Directors
Advisory Board Minutes
• Airport Board, September 9, 2014
Comprehensive Plan Oversight Committee, July 18, 2014
Joint Feasibility Study Committee, October 1, 2014
Transportation Trust Fund 5 Subcommittee, September 29, 2014
DRAFT
REGULAR SESSION — October 6, 2014
INVOCATION
Minister Stafford Moore of Mount Moriah Missionary Baptist Church in Cape Girardeau.
PLEDGE OF ALLEGIANCE
CALL TO ORDER
The Cape Girardeau City Council convened in regular session on Monday, October 6, 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
A Motion was made by Loretta Schneider, Seconded by Mark Lanzotti to approve.
Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru.
PRESENTATIONS
Mayor Harry Rediger presented the 2014 Pink Up Cape Proclamation to several representatives from St. Francis
Medical Center.
COMMUNICATIONS/REPORTS
Mayor Harry Rediger reported that he visited the third annual Cape Girardeau Homeless Connect last Friday,
October 3, 2014, at the Osage Centre. Several service agencies and volunteers were present to provide
information for needed services.
Council Member Wayne Bowen announced that the memorial dedication ceremony honoring the late Assistant
Police Chief Roger Fields, will be held at noon on October 13, 2014, at the Cape Girardeau County Park.
Seniors and Lawmen Together (SALT) is sponsoring the memorial.
Council Member Wayne Bowen also gave an update from the Committee to Continue the Fire Tax. Mr. Bowen
stated the Committee was formed to give presentations regarding continuing a the Fire Tax. For more
information, citizens can contact the members: Kevin Greaser, Doug Austin, Erin Fluegge-Woolf, and himself.
The Committee also has a FaceBook page. Mayor Harry Rediger commended Mr. Bowen for his leadership, and
for serving as the liaison on the Committee.
Council Member Loretta Schneider reported that she had attended the forum for public input with the members of
the search committee for a president for Southeast Missouri State University.
Council Member Loretta Schneider also reported that she attended a meeting of the Partnership for Higher
Education. The committee has agreed upon the name of "Cape College Center". The new name will help the
branding and promotion of the Partnership.
Council Member Mark Lanzotti reported that the Restaurant Tax Joint Feasibility Study Commission received
four presentations, and is making progress toward making an recommendation. Mr. Lanzotti said that the
Commission is targeting late November to make a presentation to the City Council.
City Manager Scott Meyer shared that the City received notice that it will not receive an award from the COPS
grant at this time, but the City's grant application will be kept in pending status for future consideration.
APPEARANCES DRAFT
Danny Stitz of Ford Drive in Cape Girardeau appeared concerning agenda item 15, regarding the Board of
Examiners. Mr. Stitz spoke in opposition to dissolving the Board of Examiners.
Fred Barnard, a resident of Cape Girardeau County, appeared concerning agenda item 15, regarding the Board of
Examiners. Mr. Barnard stated that he holds two licenses under this Board. Mr. Bernard stated that the Board of
Examiners meetings are open to the public, and that by dissolving the Board of Examiners, the City is losing an
opportunity for citizen involvement.
CONSENT AGENDA
Approval of the September 22, 2014, City Council regular session minutes.
BILL NO. 14-143, an Ordinance amending Schedule C of Section 26-121 of the City Code, by establishing a stop
sign at the intersection of Spartech and Broadview, in the City of Cape Girardeau, Missouri. Second and Third
Readings.
BILL NO. 14-149, an Ordinance approving the record plat of 418 William, LLC Subdivision. Second and Third
Readings.
BILL NO. 14-150, an Ordinance approving the right of way dedication plat of Megan Drive. Second and Third
Readings.
BILL NO. 14-151, an Ordinance approving the record plat of Rademaker Subdivision. Second and Third
Readings.
BILL NO. 14-152, an Ordinance appropriating funds for training and equipment expenses for the fiscal year
ending June 30,2015 in the City of Cape Girardeau, Missouri from an Edward Byrne Memorial Justice
Assistance Grant and a Southeast Coalition Law Enforcement Grant. Second and Third Readings.
BILL NO. 14-163, a Resolution authorizing the City Manager to execute an Agreement with Koehler
Engineering and Land Surveying, Inc., for the Independence and Gordonville intersection traffic study, in the
City of Cape Girardeau, Missouri. Reading and Passage.
A Motion to accept improvements and authorize final payment to Lappe Cement Finishing, Inc. for the Safe
Routes to School 2008, SRTS-INF-H280(106).
A Motion to accept improvements and authorize final payment to Nip Kelley Equipment Company, Inc. for the
extension of the Cape LaCroix/Shawnee Park Trail (STP -1500(021)).
A Motion to accept improvements and authorize final payment to Apex Paving Company for the 2014 Asphalt
Overlay Program, TTFIV.
A Motion to accept Megan Drive, a street extension serving Boulder Crest Estates, into the City System.
BILL NO. 14-143 will be Ordinance 4631; BILL NO. 14-149 will be Ordinance 4632; BILL NO. 14-150 will be
Ordinance 4633; BILL NO. 14-151 will be Ordinance 4634; BILL NO. 14-152 will be Ordinance 4635; and
BILL NO. 14-163 will be Resolution 2847.
A Motion was made by Loretta Schneider, Seconded by Wayne Bowen to approve.
Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru.
NEW ORDINANCES
BILL NO. 14-160, an Ordinance amending Schedule F of Section 26-247 of the City Code, by establishing no
parking anytime along a portion of West End Boulevard, in the City of Cape Girardeau, Missouri. First Reading.
A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to approve.
Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru.
BILL NO. 14-161, an Ordinance amending Schedule C of Section 26-121 of the City Code, by establishing a stop
sign at the intersection of Megan Drive and Boulder Crest Drive, in the City of Cape Girardeau, Missouri. First
Reading. [DRAFT
A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to approve.
Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru.
BILL NO. 14-162, an Ordinance amending Schedule T of Section 26-260 of the City Code, by establishing
handicapped parking along a portion of Spanish Street, in the City of Cape Girardeau, Missouri. First Reading.
A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to approve.
Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru.
BILL NO. 14-164, 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. First Reading.
The Council and Staff discussed various points including term limits of all advisory boards, proposed procedures
for application review, the appeals process in the proposed ordinance, and staff work load.
A Motion was made by Mark Lanzotti, Seconded by Loretta Schneider to approve.
Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru.
BILL NO. 14-165, an Ordinance approving a Settlement Agreement with CenturyLink, Inc., and related entities
relating to payment of business license taxes. First Reading.
A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to approve.
Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru.
APPOINTMENTS
Appointment to the Board of Appeals
Mr. Mark Strickland was appointed for a term expiring June 4, 2017.
Mr. Robert Blaisney was appointed as an alternate member for a term expiring June 4, 2019.
A Motion was made by Loretta Schneider, Seconded by Joseph Uzoaru to appoint.
Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru.
Appointments to the Golf Course Advisory Board
Mr. Robbie Guard was reappointed to the Golf Course Advisory Board for a term expiring September 4, 2017.
Mr. Seth Hudson was appointed to the Golf Course Advisory Board for a term expiring September 4, 2017.
A Motion was made by Loretta Schneider, Seconded by Wayne Bowen to appoint.
Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru.
Appointment to the River Campus Board of Managers
Postpone to a future date
A Motion was made by Mark Lanzotti, Seconded by Joseph Uzoaru to postpone.
Motion passed. 6-0. Aye: Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Abstain: Bowen, for financial
reasons, because he is employed by Southeast Missouri State University.
Appointment to the Show Me Center Board of Managers
Postpone to a future date.
A Motion was made by Mark Lanzotti, Seconded by Joseph Uzoaru to postpone.
Motion passed. 6-0. Aye: Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru. Abstain: Bowen, for financial
reasons, because he is employed by Southeast Missouri State University.
OTHER BUSINESS
Appoint City Council Member to the Comprehensive Plan Oversight Committee.
Council Member Victor R. Gunn was appointed to the Comprehensive Plan Oversight Committee
A Motion was made by Wayne Bowen, Seconded by Joseph Uzoaru to appoint. [DRAFT
Motion passed. 7-0. Aye: Bowen, Gunn, Lanzotti, Moore, Rediger, Schneider, Uzoaru.
MEETING ADJOURNMENT
There being no further business, the meeting ended at 7:35 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, Uzoaru.
Harry E. Rediger, Mayor
Gayle L. Conrad, City Clerk
Staff: Casey Brunke P.E., City Engineer
Agenda: 10/20/2014
SUBJECT
Ordinance to amend Traffic Schedule F of Section 26-247 of the City Code by establishing no parking anytime
along a portion of West End Boulevard.
EXECUTIVE SUMMARY
Ordinance to amend Schedule F of Section 26-247 by establishing no parking anytime along the northeast
corner of the West End Boulevard and Independence Street intersection. City staff recently received a
complaint about parked vehicles in this area blocking through traffic movements on West End Boulevard.
Upon review, the pavement markings for the West End/Independence traffic signal do not allow for sufficient
pavement width for parking and a through travel lane in this area. Staff recommends establishing no parking
anytime on the east side of West End Boulevard a distance of 153 feet north of the West End/Independence
intersection.
FINANCIAL IMPACT
The changing of the traffic schedule will require no direct funding but will require signage changes which will
be handled by the Public Works Department.
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Staff Recommends that the City Council amend Schedule F of the Traffic Ordinance by establishing no parking
along a portion of West End Boulevard.
ATTACHMENTS
Name: Description:
❑ No Parking_ West_ End Blvd.doc No Parking West End Ordinance
❑ West End Blvd No Parking.pdf Location Map
❑ West_End Blvd No Parking.doc Ord Info
BILL NO. 14-160
ORDINANCE NO.
AN ORDINANCE AMENDING SCHEDULE F OF
SECTION 26-247 OF THE CITY CODE, BY
ESTABLISHING NO PARKING ANYTIME ALONG A
PORTION OF WEST END BOULEVARD, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Schedule F of Section 26-247 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, is hereby
amended by establishing no parking anytime along a portion of
West End Boulevard, in the City of Cape Girardeau, Missouri, at
the following location:
West End Blvd - east side, beginning at the northeast
corner of the intersection of West End Blvd and
Independence Street along the east curb a distance of
153 feet then terminating.
ARTICLE 2. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 3. This ordinance shall take effect and be in force
from and after ten days after its final passage and approval.
PASSED AND APPROVED THIS DAY OF
ATTEST:
Gayle L. Conrad, City Clerk
2014.
Harry E. Rediger, Mayor
City of Cape Girardeau
Proposed Amendment to
Traffic Schedule F
Proposed No Parking Anytime
N Legend
W+E Street Centerlines
S u Parcel Lines
West End Blvd. Ordinance Info
Schedule F — No Parkins Anytime
NEW
West End Blvd — east side, beginning at the northeast corner of the intersection of West
End Blvd and Independence Street along the east curb a distance of 153 feet then
terminating.
Staff: Casey Brunke P.E., City Engineer
Agenda: 10/20/2014
SUBJECT
An Ordinance to establish a stop sign on Megan Drive at the intersection of Megan Drive and Boulder Crest
Drive, in the City of Cape Girardeau, Missouri by amending Traffic Schedule C of the City Code.
BACKGROUND/DISCUSSION
City staff has been contacted about the possibility of bringing Megan Drive into the City System (separate item
on tonight's agenda). If Megan Drive is accepted by the City, amending Traffic Schedule C will establish the
stop sign at the intersection of Megan Drive and Boulder Crest Drive.
FINANCIAL IMPACT
Establishing the stop sign will require no direct funding. The developer of the subdivision has already installed
the stop sign.
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 Megan Drive.
ATTACHMENTS:
Name:
❑ Megan at Boulder Stop Sign.doc
❑ Megan Ordinance Info.doc
❑ Megan Drive Stop Sign.pdf
Description:
Megan Dr &amp, Boulder Crest Stop Sign
Ord Info
Location Map
BILL NO. 14-161 ORDINANCE NO.
AN ORDINANCE AMENDING SCHEDULE C OF
SECTION 26-121 OF THE CITY CODE, BY
ESTABLISHING A STOP SIGN AT THE
INTERSECTION OF MEGAN DRIVE AND BOULDER
CREST DRIVE, 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 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:
Megan Drive at Boulder Crest - facing south
ARTICLE 2. 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
000"M
Gayle L. Conrad
City Clerk
Harry E. Rediger, Mayor
1
2014.
Megan Ordinance Info
Schedule C — Stop Sims
NEW
Megan at Boulder Crest—facing south
City of Cape Girardeau
Proposed Amendment to
Traffic Schedule C
J Proposed Stop Sign
N Legend
W+E Street Centerlines
S u Parcel Lines
Staff: Casey Brunke P.E., City Engineer
Agenda: 10/20/2014
SUBJECT
Ordinance to amend Traffic Schedule T of Section 26-260 of the City Code by establishing handicapped
parking along a portion of Spanish Street.
EXECUTIVE SUMMARY
Ordinance to amend Schedule T of Section 26-260 by establishing handicapped parking along a portion
of Spanish Street between Independence and Merriwether. The handicap stall is proposed to be located along
the west curbline of Spanish, beginning 143 feet south of Independence.
BACKGROUND/DISCUSSION
City staff was contacted by the business owners of 11 S. Spanish to request a handicap parking stall on Spanish
Street. After evaluation, there are no handicap parking stalls located within this block on Spanish. The City
takes ADA issues seriously and is constantly making sure new infrastructure meets ADA regulations. A
handicap parking stall in this block is recommended due to the several restaurants and businesses located here.
FINANCIAL IMPACT
The changing of the traffic schedule will require no direct funding but will require signage and pavement
markings to be installed by Public Works.
STAFF RECOMMENDATION
Staff Recommends that the City Council amend Schedule T of the Traffic Ordinance to establish handicap
parking along a portion of Spanish Street.
ATTACHMENTS
Name: Description:
❑ Spanish_ Street_ Handicapped Parking.doc Spanish Handicapped Parking
❑ Spanish HC Parking Stall.pdf Location Map
❑ Spanish Ordinance Info HC Parking Stall.doc Spanish HC Stall Ord Info
BILL NO. 14-162
AN ORDINANCE AMENDING
SECTION 26-260 OF THE
ESTABLISHING HANDICAPPED
PORTION OF SPANISH STREET,
CAPE GIRARDEAU, MISSOURI
ORDINANCE NO.
SCHEDULE T OF
CITY CODE, BY
PARKING ALONG A
IN THE CITY OF
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Schedule T of Section 26-260 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, is hereby
amended by establishing handicapped parking along a portion of
Spanish Street, in the City of Cape Girardeau, Missouri, at the
following location:
Spanish Street, west side, beginning at a point 143
feet south of the intersection of Spanish Street and
Independence Street, and continuing southward for a
distance of 20 feet along the west curb line of Spanish
Street and then terminating.
ARTICLE 2. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 3. This ordinance shall take effect and be in force
from and after ten days after its final passage and approval.
PASSED AND APPROVED THIS DAY OF
Harry E. Rediger, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
2014.
City of Cape Girardeau
Proposed Amendment to
Traffic Schedule T
Legend
Street Centerlines
S I
=Parcel Lines
New Ordinance Info
Section 26-260 Schedule T — Handicapped Parking
Spanish Street, west side, beginning at a point 143 feet south of the intersection of
Spanish Street and Independence Street, and continuing southward for a distance of 20
feet along the west curb line of Spanish Street and then terminating.
Development Services, Tim
Staff: Morgan, Inspection Services
Agenda: Director
10/20/2014
an 131DEN 1
Repeal of the Board of Examiners
EXECUTIVE SUMMARY
Staff has discussed the possibility of dissolving the Board of Examiners and reducing the review of
qualifications of applicants for trade licenses to a staff function. Staff is knowledgeable of the requirements for
application for trade licenses. Prior to placement on the Board agenda, staff reviews the documentation
submitted by all applicants for completeness and works with applicants in those cases where all required
documentation has not been submitted. This assists in preventing the tabling of an application by the Board due
to an incomplete submittal of documentation.
BACKGROUND/DISCUSSION
The City of Cape Girardeau Board of Examiners was initially created by Ordinance No. 2407 on February 17,
1964 as the Board of Examiners of Plumbers. The current Board makeup was established by Ordinance No.
1101 on November 4, 1991. This Board was created 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 prior to receiving a license. When
satisfied as to the competency and ability of the applicants for a plumber's, mechanical installer's, master
drainlayer's or electrician's license the city clerk is authorized to issue the appropriate license to the applicant.
The Board also 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. Historically it has
been difficult to fill vacant positions on the Board of Examiners due to the lack of applicants who hold the
appropriate trade license and the residency requirement associated with this Board. Currently, only two (2)
members of the eight (8) member Board may be residents of Cape Girardeau County.
Staff has conducted recent research to determine the approach of other Missouri cities when licensing
tradesmen. The following is a list of the cities surveyed: Farmington, Jackson, Park Hills, Sikeston and
Springfield. In all cities listed, with the exception of Springfield, licensing of tradesmen is a staff function with
no comparable board that oversees the qualifications of applicants. The Springfield Building Trades
Examination and Certification Board is comprised of eleven (11) members all of whom must have been a city
resident for a minimum of two (2) years prior to appointment by the City Manager. Staff has continued
research with the cities of Independence, Joplin and St. Charles for comparison purposes. The City of
Independence has four (4) review boards for the licensing of contractors and tradesmen. Each board consists of
three (3) to five (5) members who must be residents of the City. In the City of Joplin applications are reviewed
by staff of the Building Department. Applications in the City of St. Charles are reviewed by staff of the
Community Development Department.
The City Manager attended the regular meeting of the Board of Examiners on Wednesday, December 5, 2012
for a scheduled annual visit. During this meeting, members of the Board expressed their concerns that the
dissolution of the Board might result in a regression of the City's established licensing review procedures.
Generally, the Board members asked why this action was being suggested. They also expressed their thanks to
the City Manager for appearing and giving them the opportunity to express their concerns as opposed to a
written notice that the dissolution of the Board was being considered. During that meeting, Mr. Meyer
explained that the City has a responsibility to ensure that the Board is completely filled with qualified
professionals. This is important because different professions come in front of the Board. Having a variety of
qualified professionals reviewing the applications is important to ensure that there is not a conflict of
interest. Since it has been difficult finding qualified board members that balance has been difficult to
maintain. Mr. Meyer assured the Board that there would be no preferential or biased treatment tolerated by the
City Manager. Mr. Meyer also encouraged those Board members present to apply to continue their service to
the City on another board should the Board of Examiners be dissolved.
Mr. Dan Stitz, current Board of Examiners member, was present at the City Council Work Session on Monday,
January 7, 2013 and spoke in reference to the discussion item pertaining to this issue. Mr. Stitz addressed the
Council reiterating those concerns voiced to Mr. Meyer at the Board meeting on Wednesday, December 5,
2012.
Staff has discussed the possibility of dissolving the Board of Examiners and moving the review of qualifications
of applicants for trade licenses to a staff function. As you are aware from review of Board minutes, the number
of applicants ranges from one (1) to four (4) per month with an occasional higher number often associated with
graduation from the Cape Girardeau Career and Technology Center.
Additionally, a number of revisions are proposed to the resulting ordinance pertaining to the timeline for
submission of appeals by an applicant aggrieved by a decision of the City Manager, the timeline for expiration
and renewal of licenses and elimination of the registration for apprentices. The period for submission of appeals
is proposed to change from ten (10) days to fourteen (14) days to allow applicants more time to file such
appeals. A provision is recommended to allow one (1), two (2) or three (3) year renewals at the option of the
applicant. It is also proposed to reestablish the renewal date one (1) year or more, based on the above options,
from the date of issue to minimize the congestion created when processing renewals based on the general
deadline of March 31st each year. Staff processes nine hundred (900) to twelve hundred (1,200) licenses a
year.
Finally, the provision for annual registration of apprentices is proposed to be eliminated based on the historical
number of such applicants.
STAFF RECOMMENDATION
Development Services staff recommends the passage and approval of this ordinance.
BOARD OR COMMISSION RECOMMENDATION
The current membership of the Board of Examiners recommends against the passage of this ordinance.
PUBLIC OUTREACH
Staff is aware of discussion that has taken place in the regular meetings of the Board of Examiners only.
ATTACHMENTS:
Name:
❑ Repeal Board of Examiners Ordinance.doc
Description:
Repeal Board of Examiners
BILL NO. 14-164
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. - Boards and 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. - Boards and 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
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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.
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(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 fourteen (14) 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.
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(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.
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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.
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(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
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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
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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
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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
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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.
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(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
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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.
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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
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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
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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
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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, 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, 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,
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, 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, except as otherwise
provided in this Code.
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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
Manager.
(d) Fees. The annual fee for a building trades
license issued hereunder shall as established in the
city fee schedule, as amended.
(e) Expiration and renewal. A license issued by the
City Clerk shall expire one (1), two (2), or three (3)
years from the date of issue and may be renewed upon
payment of the annual fee(s) and penalty, if any, as
and in the amount(s) established in the city fee
schedule, as amended. A licensee whose license has
24
expired longer than ninety (90) days shall reapply in
the same manner as the required initial 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
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,
25
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 provided by
the city. The applicant shall appear 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. 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.
Applications for a construction contractor,
plumbing fixture installer, or apprentice license
shall be made on such forms 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
license. The examination
plumber's license shall be
of the applicant's ability,
in the installation,
26
journeyman plumber's
for a journeyman
a written examination
experience and skill
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
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
27
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
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
99
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 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 5. 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.
29
ARTICLE 6. 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
30
Staff: W. Eric Cunningham, City
Agenda: Attorney
10/20/2014
SUBJECT
An Ordinance approving a Settlement Agreement with CenturyLink, Inc., and related entities relating to
payment of business license taxes.
EXECUTIVE SUMMARY
For over ten (10) years, the City has been part of a class action lawsuit filed by attorneys John Mulligan,
Howard Paperner, John Hoffman, and Korein Tillery, P.C., ("class counsel") for recovery of underpayment of
the City of Cape Girardeau's gross receipts business license taxes on companies providing wireless telephone
service. Settlement Agreements have already been executed with several of the major providers. A
settlement has now been reached with CenturyLink and preliminarily approved by the class action court for all
Missouri cities.
Similar to the SBC/AT&T Landline Settlement, CenturyLink agrees to pay a limited amount of back taxes
and agrees to pay future taxes on a defined base that includes revenues subject to sales tax and other charges
and fees. The proposed payment to the City would be $5,974.04.
BACKGROUND/DISCUSSION
The City is part of a class action lawsuit filed by attorneys John Mulligan, Howard Paperner, John Hoffman,
and Korein Tillery, P.C., ("class counsel") for recovery of CenturyLink's underpayment of gross receipts
business license taxes on companies providing wireless telephone service. A settlement (which would include
the City if it does not "opt out") has now been reached by class counsel with CenturyLink and preliminarily
approved by the class action court for all Missouri cities.
Similar to the SBC/AT&T Landline Settlement, CenturyLink agrees to pay a limited amount of back taxes (a
lump sum allegedly for a period roughly equal to 2.7 years, but not including interest or penalties) and agrees to
pay future taxes on a defined base that includes revenues subject to sales tax and other charges and fees.
The Settlement Agreement currently requires a claims process wherein the City will be required to submit a
claim form and copy of a qualifying ordinance, and sign an affidavit as to the validity, effectiveness,
completeness and accuracy of the claim form. Once a claim is submitted, CenturyLink can accept or deny a
claim subject to a challenge process.
As set forth in the Settlement Agreement at approximately 2.7 years (measured backward from January 1,
2013 when CenturyLink started to pay taxes under protest) the "Back Tax Payment" represents recovery of
taxes going back to roughly the May 2010 taxing period. By leaving 3-4 years of potential back tax payments
on the table. Of course, the City would have to file suite separately and at its own cost to recover all potential
back taxes, and would bear risk of losing such a suit. Further, given that the City's ordinance caps the license tax
at $27,500.00 per year per licensee, that would also affect the City's recovery. CenturyLink claims that
$10,165.35 in back taxes are owed to the City and that the City will recover $5,974.04, if its claim is accepted.
The formula for calculating the Back Tax Payment depends on the calculation of each Class Member's Business
License Tax payment and other factors, and it is possible that the City's share of the amount to be distributed
may change if CenturyLink approves an adjustment to the calculations during the claims process.
In the past, the City has been part of a group of approximately 22 cities settling with a separate, additional
supplemental agreement called a Binding Unilateral Agreement (`BUA') that provided additional protections
including eliminating the claims process. Thus far, class counsel and CenturyLink have aggressively opposed
the City's motions to obtain information relating to the amount of taxes being paid and left unpaid and to stay
the proceedings so that the City may negotiate a BUA. As a result, unfortunately, it appears that this will be the
first telecom settlement where the side agreement option to avoid the claims process is denied. This creates the
problem of potentially having CenturyLink assert different payment rights going forward than AT&T, as well
as uncertainty as to whether the claims will be denied if the City goes through the claims process. At this point,
we assume that the side settlement will not be offered to reduce these risks and improve the settlement and that
the City will not have access to CenturyLink data to evaluate the claim. Therefore, the City's options are to
either file a claim or request exclusion from the class and opt out of the settlement agreement.
Given the monetary limit in the City's ordinance, the expense and risk of litigation to separately pursue
litigation against CenturyLink, and the $5,974.04 potential recovery from this settlement, the City Staff
recommends approval of this initial settlement with CenturyLink to end the ongoing dispute. The final court
approval for the class action settlement will not occur until after December 12, 2014, but the City needs to pass
the Settlement Ordinance and send in its claim before October 27, 2014, in order to accept the settlement and
receive the back tax payments. The deadline for the City to file a claim is November 4, 2014.
STAFF RECOMMENDATION
Staff recommends the passage and approval of this ordinance.
ATTACHMENTS:
Name:
Description:
0 CenturyLink Telephone Tax Settlement Ord doc.doc CenturyLink Settlement Ord
BILL NO. 14-165 ORDINANCE NO.
AN ORDINANCE APPROVING A SETTLEMENT
AGREEMENT WITH CENTURYLINK, INC., AND
RELATED ENTITIES RELATING TO PAYMENT OF
TELEPHONE BUSINESS LICENSE TAXES
WHEREAS, the City of Cape Girardeau, Missouri (the
"Plaintiff") is either a named plaintiff or a putative class
member in a lawsuit to recover unpaid Telephone Business License
Taxes (as defined in the Settlement Agreement described below),
which lawsuit is styled City of O'Fallon, Missouri, et al. v.
CenturyLink, Inc., et al., Case No. 12SL-CC01723, and is pending
in the Circuit Court of St. Louis County, Missouri (the
"Lawsuit"); and
WHEREAS, the Plaintiffs and Defendants (as defined in the
Settlement Agreement) wish to avoid the expense and uncertainty
of continued litigation and desire to settle their dispute(s)
without further litigation; and
WHEREAS, a settlement agreement settling the Lawsuit was
signed by the named plaintiffs (as class representatives) and
Defendants, and was filed with and preliminarily approved by the
Circuit Court of St. Louis County on August 22, 2014 (the
"Settlement Agreement"); and
WHEREAS, the Plaintiffs and CenturyLink have conducted an
investigation and evaluation of the facts and the law relating
to the claims in the Lawsuit and believe that the Settlement
Agreement is fair, reasonable, adequate and in the best interest
of all of the parties; and
WHEREAS, pursuant to the Settlement Agreement, the
Plaintiff has received a Notice of CenturyLink Class Action
Settlement and Approval Hearing, incorporated herein by
reference, and a CenturyLink Landline Municipal Tax Settlement
Claim Form, incorporated herein by reference, which identify the
estimated Back Tax Payment (as defined in the Settlement
Agreement) that will be paid and released to the Plaintiff
pursuant to the Settlement Agreement after the Settlement
Agreement becomes Final (as defined in the Settlement
Agreement); and
WHEREAS, the Plaintiffs desire to approve and accept the
Settlement Agreement and the estimated Back Tax Payment;
1
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, AS FOLLOWS:
Article 1. The City of Cape Girardeau, Missouri hereby
approves, accepts, and adopts all terms and provisions of the
Settlement Agreement as a binding and enforceable agreement
between the City of Cape Girardeau, Missouri, and Defendants, as
if the City of Cape Girardeau, Missouri, was an original
signatory thereto.
Article 2. The City of Cape Girardeau, Missouri further
approves the estimated Back Tax Payment of $5,974.04 as shown on
the CenturyLink Landline Municipal Tax Settlement Claim Form
(subject to adjustment as provided by the Settlement Agreement),
along with the other relief provided in the Settlement
Agreement, as adequate consideration for the release of claims
by the City of Cape Girardeau, Missouri against Defendants.
Article 3. The City Manager of the City of Cape Girardeau,
Missouri, on behalf of the Plaintiff, is hereby authorized and
directed to execute the CenturyLink Landline Municipal Tax
Settlement Claim Form and any other documents necessary under
the Settlement Agreement.
Article 4. This Ordinance shall be in full force and
effect Ten (10) days after its passage and approval.
PASSED AND APPROVED this day of ,
2014.
ATTEST:
Gayle L. Conrad, City Clerk
Harry E. Rediger, Mayor
2
Staff: Ryan Shrimplin, AICP - City
Agenda: Planner
10/20/2014
SUBJECT
A Resolution authorizing application to the 2015 Emergency Solutions Grant Program, and authorizing the City
Manager to execute all necessary grant program documents.
EXECUTIVE SUMMARY
The attached resolution authorizes the City to apply for 2015 Emergency Solutions Grant funds as well
as allocate the funds necessary for the City's share of the matching funds ($2,450.00, with an additional
$2,450.00 to be provided by the County).
BACKGROUND/DISCUSSION
Last year, the City was awarded a grant through the Emergency Solutions Grant Program in the amount of
$194,250.00. The City and the County agreed to a joint program, with the City applying for the grant funds and
administering the program.
This year, the City and the County are eligible to apply for up to $200,000.00 in grant funds based on four
subgrantees and administration. The application to be submitted will be for four subgrantees (three at
$48,5000.00 each and one at $8,000.00) plus $4,900.00 for administration, for atotal of $158,400.00. The City
will once again apply for and administer the program.
Housing Assistance Coordinator Stephen Williams met with Captains Amick of the Salvation Army, Allison
Leonard of The Safe House for Women, Inc., Kyle Schott of Catholic Charities of Southern Missouri, and Tom
Davisson of the Community Caring Council to complete the required forms. The progam is 100%
reimbursable. If awarded, the grant will be used to fund the Salvation Army for Street Outreach services, the
Safe House for Women for Emergency Shelter services, Catholic Charities of Southern Missouri for
Homelessness Prevention services, and the Community Caring Council for Rapid Re -Housing services. The
application deadline is October 31, 2014.
FINANCIAL IMPACT
The total program cost is $316,800.00 ($158,400.00 in grant funds plus $158,400.00 in required matching
funds). The breakdown is as follows:
Salvation Army = $8,000.00 grant with $8,000.00 match
The Safe House for Women, Inc. _ $48,500.00 grant with $48,500.00 match
Catholic Charities of Southern Missouri = $48,500.00 grant with $48,500.00 match
Community Caring Council = $48,500.00 grant with $48,500.00 match
City of Cape Girardeau = $4,900.00 grant for administrative costs with up to $2,450.00 match by the City and
$2,450.00 match by the County.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
Emergency Solutions Grant funds help support a number of important community services to individuals and
families who are experiencing personal and/or financial crises.
STAFF RECOMMENDATION
Staff recommends approval of the resolution authorizing the City to apply for 2015 Emergency Solutions Grant
funds.
ATTACHMENTS:
Name: Description:
❑ EmerSol Grant. SafeHouse.CCC. SalvArmy. Catholic2014. doc 2015 Emergency Solutions Grant App Res
❑ BUDGET -2015 Emergency Solutions_Grant.doc Budget - 2015 Emergency Solutions Grant
BILL NO. 14-168
RESOLUTION NO.
A RESOLUTION AUTHORIZING APPLICATIONS TO THE
MISSOURI HOUSING DEVELOPMENT COMMISSION UNDER
THE 2015 EMERGENCY SOLUTIONS GRANT PROGRAM,
FOR THE SAFE HOUSE FOR WOMEN, INC., COMMUNITY
CARING COUNCIL, THE SALVATION ARMY, AND
CATHOLIC CHARITIES OF SOUTHERN MISSOURI, AND
AUTHORIZING THE CITY MANAGER 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 execute
grant applications to the Missouri Housing Development Commission
under the 2015 Emergency Solutions Grant Program for the Safe
House for Women, Inc., Community Caring Council, The Salvation
Army, and Catholic Charities of Southern Missouri, and is hereby
authorized to execute all necessary grant documents. Summaries
of said Applications are attached to this Resolution and made a
part hereof.
PASSED AND ADOPTED THIS DAY OF
Harry E. Rediger, Mayor
ATTEST:
Gayle L. Conrad, City Clerk
2014.
BUDGET
2015 ESG APPLICATION
SEPTEMBER 30, 2014
1. Street Outreach -Salvation Army $8,000.00
2. Emergency Shelter -The Safe House for Women, Inc. $48,500.00
3. Homelessness Prevention -Catholic Charities of Southern $48,500.00
Missouri
4. Rapid Re -Housing -Community Caring Council $48,500.00
5. Administration-City/County 4.900.00
TOTAL BUDGET FOR 2015 $158,400.00
Staff: Casey Brunke, P.E. City Engineer
Agenda: 10/20/2014
SUBJECT
Resolution authorizing the City Manager to execute an Agreement with Nip Kelley Equipment Company, Inc.,
for the Mississippi Riverwalk Phase IV in the City of Cape Girardeau, Missouri
EXECUTIVE SUMMARY
The City of Cape Girardeau desires the City Manager to enter into a contract with the lowest bidder, Nip Kelley
Equipment Company, Inc., in the amount of $802,516.10 for the construction of the Mississippi Riverwalk
Phase IV trail extension, DP -1500(020). The Missouri Department of Transportation sent a letter of
Concurrence in Award via email to the City of Cape Girardeau on October 14, 2014.
BACKGROUND/DISCUSSION
The project consists of two sections: the South Project section extends the existing trail approximately 1600'
south along the City's floodwall on the riverside of the wall, and the North Project section extends the existing
trail approximately 300' north to the Department of Conservation's Red Star Boat Ramp, including a 10' wide
pedestrian bridge to provide a crossing over Sloan's Creek. The project was bid on October 1, 2014 and four (4)
bids were received. The bids ranged in price from $802,516.10 to $978,069.00. The low bid was submitted by
Nip Kelley Equipment Company, Inc. with a bid of $802.516.10, and Fronabarger Concreters, Inc. submitted
the second lowest bid of $870,728.50. Both bids have been evaluated by MoDOT and that agency has given the
City approval to award the project to Nip Kelley Equipment Company, Incorporated.
FINANCIAL IMPACT
The construction cost of this project by Nip Kelley Equipment Company, Inc. will be financed by funds made
available by the Federal Highway Administration. The federal share for this project will be one hundred
percent (100%) not to exceed $1,599,727.00. Any costs which exceed the federal reimbursement or are not
eligible for federal reimbursement will be the responsibility of the City.
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
This trail will provide accessibility to the public visiting the River Front and Historic Downtown Cape
Girardeau area. The addition of the trail will also provide a healthier environment for our citizens.
STAFF RECOMMENDATION
Staff recommends that the Council award the Mississippi Riverwalk Phase IV, DP -1500(020), to Nip Kelley
Equipment Company, Incorporated.
leAd9f-IN:IPII41Y&
Name: Description:
❑ Nip Kelley - Mississippi Riverwalk.doc Mississippi Riverwalk Resolution
❑ scan Nip Kelley AGRpdf Condract Agreement
❑ Map.pdf Project Location
BILL NO. 14-170 RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT WITH NIP KELLEY
EQUIPMENT, CO. INC., FOR THE MISSISSIPPI
RIVERWALK PHASE IV, 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 Nip Kelley Equipment, Co. Inc., for
the Mississippi Riverwalk Phase IV, 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
CITY OF CAPE GIRARDEAU
RIVERWALK TRAIL — PHASE IV
PROJECT 1110. DP1500(020)
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
ON THE BASIS OF A STIPULATED PRICE
THIS AGREEMENT is dated as of the day of in the year
2014 by and between the City of Cape Girardeau, Missouri (hereinafter called OWNER)
and Nip Kelley p ,,;,, mt CD T r (hereinafter called CONTRACTOR).
OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set
forth, agree as follows:
Article 1. WORK.
CONTRACTOR shall complete all Work as specified or indicated in the Contract
Documents. The Work is generally described as follows:
South Project Section — extending the existing trail approximately 1600' south
along the City's floodwall on the riverside of the wall — minimal grading/earthwork is
anticipated with placement of 12' wide concrete trail at/near existing grades (minimal
amounts of cut and fill).
North Project Section — extending the existing trail approximately 300' north to
reach the Department of Conservation's Red Star Boat Ramp access — a good portion of
this distance will include a 10' wide pedestrian bridge to provide a crossing over Sloan's
Creek.
Article 2. ENGINEER,
The City Engineer or his designee is to act as OWNER'S representative, assume all duties
and responsibilities and have the rights and authority assigned to ENGINEER in the
Contract Documents in connection with completion of the Work in accordance with the
Contract Documents.
Article 3. CONTRACT TIMES.
3.1 The work shall be diligently prosecuted at such rate and in such rate manner as, in the
judgment of the engineer, is necessary for the completion of the work within the time
specified as follows in accordance with Sec 108 of the Missouri Standard Specifications for
Highway Construction, 2011 Edition:
Calendar Days: 180 calendar days
A-1
3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the
essence of this Agreement and that OWNER will suffer financial loss if the Work is not
completed within the times specified in paragraph 3.1 above, plus any extensions thereof
allowed. They also recognize the delays, expense and difficulties involved in proving the
actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead
of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated
damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER One thousand
one hundred dollars $1100.00 for each calendar daythat expires after the time specified in
paragraph 3.1 until the Work is complete and ready for final insepction.
Article 4. CONTRACT PRICE.
OWNER shall pay CONTRACTOR for completion of the Work in accordance with the
Contract Documents an amount in current funds equal to the sum of the amounts
determined pursuant to paragraphs 4.1 and 4.2 below:
4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for
each separately identified item of Unit Price Work times the estimated quantity of that item
as indicated in the bidding documents.
TOTAL OF ALL UNIT PRICES: Eight hundred two thousand
five hundred sixteen dollars and ten cents ($ 802,516. 10 )
As provided in paragraph 11.9 of the General Conditions estimated quantities are not
guaranteed, and determinations of actual quantities and classification are to be made by
ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have
been computed as provided in paragraph 11.9.2 of the General Conditions.
Article 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the
General Conditions. Applications for Payment will be processed by ENGINEER as
provided in the General Conditions.
5.1 Progress payments; OWNER shall make progress payments on account of the
Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended
by ENGINEER, on or about the 10th day of each month during construction. All such
payments will be measured by the schedule of values established in paragraph 2.9 of the
General Conditions (arid in the case of Unit Price Work based on the number of units
completed) or, in the event there is no schedule of values, as provided in the General
Requirements. Retainage maybe initiated during contract performance in accordance with
Sec 109.9 of the Missouri Standard Specifications for Highway Construction, 2011 Edition
5,2 FinaiPayment: Upon final completion and acceptance of the Work in accordance with
paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the
Contract Price as recommended by ENGINEER as provided in said paragraph 14.13.
A-2
Article 6. INTEREST.
All moneys not paid when due as provided in Article 14 of the General Conditions shall
bear interest at the maximum rate allowed by law at the place of the Project,
Article 7. CONTRACTOR'S REPRESENTATIONS.
In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the
following representations:
7.1 CONTRACTOR has examined and carefully studied the Contract Documents
(including the Addenda listed in paragraph 8) and the other related data identified in the
Bidding Documents, including "technical data".
7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the
general, local and site conditions that may affect cost, progress, performance and
furnishing of the Work.
7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws
and Regulations that may affect cost, progress, performance and furnishing of the Work.
7.4 CONTRACTOR has carefully studied all reports of explorations and tests of
subsurface conditions at or contiguous to the site and all drawings of physical conditions in
or relating to existing surface or subsurface structures at or contiguous to the site (except
Underground Facilities) which have been identified. CONTRACTOR acknowledges that
such reports and drawings are not Contract Documents and may not be complete for
CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER
do not assume responsibility for the accuracy or completeness of information and data
shown or indicated in the Contract Documents with respect to Underground Facilities at or
contiguous to the site. CONTRACTOR has obtained and carefully studied (or assumes
responsibility for having done so) all such additional supplementary examinations,
investigations, explorations, tests, studies and data concerning conditions (surface,
subsurface and Underground Facilities) at or contiguous to the site or otherwise which may
affect cost, progress, performance or furnishing of the Work or which relate to any aspect
of the means, methods, techniques, sequences and procedures of construction to be
employed by CONTRACTOR and safety precautions and programs incident thereto.
CONTRACTOR does not consider that any additional examinations, investigations,
explorations, tests, studies or data are necessary for the performance and furnishing of the
Work at the Contract Price, within the Contract Times and in accordance with the other
terms and conditions of the Contract Documents.
7.5 CONTRACTOR is aware of the general nature of work to be performed by OWNER
and others at the site that relates to the Work as indicated in the Contract Documents,
7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information
and observation obtained from visits to the site, reports and drawings identified in the
A-3
Contract documents and all additional examinations, investigations, explorations, tests,
studies and data with the Contract Documents.
7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ambiguities
or discrepancies that CONTRACTOR has discovered in the Contract Documents and the
written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
Article 8. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between OWNER and
CONTRACTOR concerning the Work consist of the following:
8.1 This Agreement (pages A-1 to A-6 inclusive).
8.2 Exhibits to this Agreement (pages _ to _, inclusive).
8.3 Performance, Payment, and other Bonds, identified as exhibits _ and consisting of
_ pages.
8.4 Notice to Proceed.
8.5 General Conditions (pages 1 to 55, inclusive). (EJCDC No. 1910-8 1990 Edition)
8.6 Supplementary Conditions (pages SC -1 to SC -5, inclusive).
8.7 Specifications bearing the title Cape Girardeau Riverwalk Trail — Phase IV.
8.8 Drawings.
8.9 Addenda numbers 1 to 1, inclusive.
8.10 CONTRACTOR'S Bid marked exhibit A
8.11 Pursuant to 285.530 R.S. Mo, the contractor must affirm its enrollment and
participation in a federal work authorization program with respect to the employees
proposed to work in connection with the services requested herein by 1) submitting a
completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and 2) providing
documentation affirming the bidder's enrollment and participation in a federal work
authorization program with respect to the employees proposed to work in connection with
the services requested herein.
8.12 Documentation submitted by CONTRACTOR prior to Notice of Award (pages _to
_, inclusive).
A-4
8.13 The following which may be delivered or issued after the Effective Date of the
Agreement and are not attached hereto: All Written Amendments and other documents
amending, modifying or supplementing the Contract Documents pursuant to paragraphs
3.5 and 3.6 of the General Conditions.
The documents listed in paragraphs 8.2 et seq. above are attached to this Agreement
(except as expressly noted otherwise above),
There are no Contract Documents other than those listed above in the Article 8. The
Contract Documents may only be amended, modified or supplemented as provided in
paragraphs 3.5 and 3.6 of the General Conditions.
Article 9. MISCELLANEOUS.
9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions
will have the meanings indicated in the General Conditions.
9.2 No assignment by a party hereto of any rights under or interests in the Contract
Documents will be binding on another party hereto without the written consent of the party
sought to be bound; and, specifically but without limitation, moneys that may become due
and moneys that are due may not be assigned without such consent (except to the extent
that the effect of this restriction may be limited by law), and unless specifically stated to the
contrary in any written consent to an assignment no assignment will release or discharge
the assignor from any duty or responsibility under the Contract Documents.
9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and
legal representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect to all covenants, agreements and obligations contained in the
Contract Documents.
9.4 Any provision or part of the Contract Documents held to be void or unenforceable
under any Law or Regulation shall be deemed stricken, and all remaining provisions shall
continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the
Contract Documents shall be reformed to replace such stricken provision or part thereof
with a valid and enforceable provision that comes as close as possible to expressing the
intention of the stricken provision.
9.5 Pursuant to 292.675, R.S. Mo, the contractor is informed that all contractors or
subcontractors doing work on this project to provide, and require its on-site employees to
complete, a ten (10) hour course in construction safety and health approved by the
Occupational Safety and Health Administration ("OSHA") or similar program approved by
the Missouri Department of Labor and Industrial Relations which is at least as stringent as
an approved OSHA program. The training must be completed within sixty (60) days of the
date work on the project commences. On-site employees found on the worksite without
documentation of the required training shall have twenty (20) days to produce such
documentation.
A-5
9.6 The General Contractor shall provide to the City of Cape Girardeau City Engineer's
Office weekly certified payrolls from the General Contractor and all Subcontractors during
the course of the project. These must be provided on a weekly basis; if no work was done,
then a payroll stating "No Work Done" must be submitted.
IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in
multiple copies, One counterpart each has been delivered to CONTRACTOR and
ENGINEER and two counterparts to the OWNER. All portions of the Contract Documents
have been signed, initialed or identified by OWNER and CONTRACTOR or identified by
ENGINEER on their behalf.
This Agreement will be effective on
Effective Date of the Agreement).
OWNER City of Cape Girardeau
Scott Meyer, City Manager
32
Attest
[CORPORATE SEAL]
Gayle L. Conrad, City Clerk
Address for giving notices
401 Independence Street
Cape Girardeau, MO 63703
(If OWNER is a public body, attach
evidence of authority to sign and
resolution or other documents
authorizing execution of Agreement.
20 (which is the
CONTRACTOR Nip Kelley Fquignent Cwipany, Inc.
M
[CORPORATE SEAL]
Attest
Address for giving notices
41 North Suriae Street
Cape Girardeau, M 63701
License No.
M.
Agent for service of process:
(If CONTRACTOR is corporation,
attach evidence of authority to sign.)
EX - 17 A
DP1500(020)
City of Cape Girardeau, Missouri
401 Independence, Cape Girardeau, MO 63703
REQUEST FOR BID
BID OF
Bidder Name Nip Kelley Equipment Co., "Inc..
Bidder Address 41 North Sprigg st.
Cape Girardeau, MO 63701
FOR
CONSTRUCTING OR IMPROVING
Cape Girardeau Riverwalk Trail — Phase TV
Cape Girardeau MO
Cape Girardeau County, Cape Girardeau
Revised 9-23-2013
NOTICE TO CONTRACTORS
Sealed bids, addressed to City Engineer, City of Cape Girardeau, 401 Independence, Cape Girardeau, MO 63703, for the
proposed work will be received by the City of Cape Girardeau until 10:00 A.M.(prevailing local time) on October 1,
2014, at the office of the City Engineer, City of Cape Girardeau, 401 Independence St., Cape Girardeau, MO 63703, and
at that time will be publicly opened. Bids should be delivered to: City of Cape Girardeau, City Engineer's Office, 401
Independence St. Cape Girardeau, MO 63703.
(1) PROPOSED WORK: The proposed work, hereinafter called the work, includes:
Federal Aid Project No. DP -1500(020) consisting of anew pedestrian bridge to cross Sloan's Creek and concrete trail
extensions to the existing Riverwalk Trail (approximately 1600' to the south and 300' to the north).
(2) COMPLIANCE WITH CONTRACT PROVISIONS: The bidder, having examined and being
familiar with the local conditions affecting the work, and with the contract, contract documents, including the Missouri
Highways and Transportation Commission's "Missouri Standard Specifications for highway Construction, 2011," and
"City of Cape Girardeau — Standard Specifications, dated May 27, 2010" and "City of Cape Girardeau Standard
Drawings, dated May 27, 2010', their revisions, and the request for bid, including appendices, the special provisions and
plans, hereby proposes to furnish all labor, materials, equipment, services, etc., required for the performance and
completion of the work. All references are to the Missouri Standard Specifications for Highway Construction, as
revised, unless otherwise noted.
The following documents are available on the Missouri Department of Transportation web page at www.modotmo.gov
under 'Business with MoDOV' "Standards and Specifications". The effective version shall be determined by the letting
date of the project
General Provisions & Supplemental Specifications
These supplemental bidding documents contain all current revisions to the bound printed versions and have important
legal consequences. It shall be conclusively presumed that they are in the bidder's possession, and they have been
reviewed and used by the bidder in the preparation of any bid submitted on this project.
Please note that within the above -listed documents, the term "Commission" shall be replaced with the term, City of Cape
Girardeau", and the term "Engineer" is a reference to the Engineer of Record from BFA, Inc,
(3) PERIOD OF PERFORMANCE: If the bid is accepted, the bidder agrees that work shall be
diligently prosecuted at such rate and in such manner as, in the judgment of the engineer, is necessary for the completion
of the work within the time specified as follows in accordance with Sec 108:
CalendarDays: 180 calendar days
(4) LIQUIDATED DAMAGES: The bidder agrees that, should the bidder fail to complete the work in
the time specified or such additional time as may be allowed by the engineer under the contract, the amount of liquidated
damages to be recovered in accordance with Sec 108 sball be as follows:
Liquidated damages per day $ 1,100
Revised 9-23-2013
(5) BID GUARANTY: The bidder shall submit a Bid Guaranty meeting the requirements of Section 102
of the Missouri Standard Specifications for Highway Construction (if applicable). A sample project bid bond form is
included in the bid book. The bidder shall mark the box below to identify the type of Bid Guaranty.
%K Paper Bid Bond
❑ Cashier's Check
(6) CERTIFICATIONS FOR FEDERAL JOBS: By signing and submitting this bid, the bidder makes
the certifications appearing in Sec. 102.18.1 (regarding affirmative action and equal opportunity), Sec. 102.18.2
(regarding disbarment, eligibility, indictments, convictions, or civil judgments), Sec. 102.18.3 (regarding anti -collusion),
and Sec. 102.18.4 (regarding lobbying activities). Any necessary documentation is to accompany the bid submission, as
required by these sections. As provided in See. 108.13, the contracting authority may terminate the contract for acts of
misconduct, which includes but is not limited to fraud, dishonesty, and material misrepresentation or omission of fact
within the bid submission.
(7) ANTIDISCRIMINATION: The Contracting Authority hereby notifies all bidders that it will
affirmatively insure that in any contract entered into pursuant to this advertisement, businesses owned and controlled by
socially and economically disadvantaged individuals will be afforded fall opportunity to submit bids in response to this
invitation and will not be discriminated against on the grounds of race, color, religion, creed, sex, age, ancestry, or
national origin in consideration for an award.
(8) FEDERAL AND STATE INSPECTION: The Federal Government is participating in the cost of
construction of this project. All applicable Federal laws, and the regulations made pursuant to such laws, shall be
observed by the contractor, and the work will be subject to the inspection of the appropriate State or Federal Agency in
the same manner as provided in Sec 105.10 of the Missouri Standard Specifications for Highway Construction with all
revisions applicable to this bid and contract.
(9) PREVAELING WAGE (STATE ONLY), This contract requires payment of the prevailing hourly
rate of wages for each craft or type of worker required to execute the contract as determined by the Missouri Department
of Labor and Industrial Relations. The applicable State Wage Rates for this contract are detailed in "Annual Wage Order
No. 2111,that is attached to this bidding document. These supplemental bidding documents have important legal
consequences. It shall be conclusively presumed that they are in the bidder's possession, and they have been reviewed
and used by the bidder in the preparation of any bid submitted on this project.
(10) WORKER ELIGIBILITY REOUIREMENTS: Execution of the construction contract for this
project is dependent upon the awarded bidder providing an Affidavit of Compliance AND E -Verify Memorandum -of -
Understanding (MOU) between the bidder and Department of Homeland Security to the Contracting Authority as
required by section 285.530 RSMo. The cover page and signature page of the E -Verify MOD and the Affidavit must be
submitted prior to award of this contract.
A sample Affidavit of Compliance cin be found at the Missouri Attorney General's website at the following link:
httn�//aeo mo eov/forms/Affidavit of Compliance.1)df
All bidders must also be enrolled in the E -Verify Program, and include their MOU prior to contract execution. Bidders
who are not enrolled will need to go to the following website link and select `Enroll in the Program" to get started. After
completing the program, they will receive their E -Verify MOU with Department of Homeland Security. This document
will need to be printed out and kept on file so that a copy can be attached to the Affidavit of Compliance.
htm•//www dhs eov/files/ rooerams/gc 1185221678150.shtm
This requirement also applies to subcontractors and contract labor, but this contract only requires submittal of the
verification documents for the prime contractor. It is the prime contractor's responsibility to verify the worker eligibility
of their subcontractors in order to protect their own company from liability as required by section 285.530 RSMo.
Revised 9-23-2013
(11) OSHA TEN HOUR TRAINING REQUIREMENTS.• Missouri Law, 292.675 RSMO, requires any
awarded contractor and its subcontractor(s) to provide a ten-hour Occupational Safety and Health Administration
(OSHA) Construction Safety Program (or a similar program approved by the Missouri Department of Labor and
Industrial Relations as a qualified substitute) for their on-site employees (laborers, workmen, drivers, equipment
operators, and craftsmen) who have not previously completed such a program and are directly engaged in actual
construction of the improvement (or working at a nearby or adjacent facility used for construction of the improvement).
The awarded contractor and its subcontractor(s) shall require all such employees to complete this ten-hour program,
pursuant to 292.675 KSMO, unless they hold documentation on their prior completion of said program. Penalties, for
Non -Compliance include contractor forfeiture to the Contracting Authority in the amount of $2,500, plus $100 per
contractor and subcontractor employee for each calendar day such employee is employed beyond the elapsed time period
for required program completion under 292.675 RSMO.
(12) BUY AMERICA REQUIREMENTS: Construction contracts shall assure compliance with Section
165 of the Surface Transportation Assistance Act of 1982, Section 337 of the Surface Transportation and 'Uniform
Relocation Assistance Act of 1987, and 23 CFR 635.410 regarding Buy America provisions on the procurement of
foreign products and materials. On all contracts involving Federal -aid, all products of iron, steel, or a coating of steel
which are incorporated into the work must have been manufactured in the United States. The Contracting Authority may
allow minimal amounts of these materials from foreign sources, provided the cost does not exceed 0.1 percent of the
contract sum or $2,500, whichever is greater. The Contractor certifies that these materials are of domestic origin.
Additional information regarding the "Buy America" requirements can be found at-
hLtp://www.thwa,dot,gov/i)rogmmadmin/contracWb-amguck.cfhi
(13) ADDENDUM ACKNOWLEDGEMENT, The undersigned states that the all addenda (if applicable) have
been received, acknowledged and incorporated into their bid, prior to submittal. For paper bids, staple addenda to the
bid in the appropriate part of the bid
(14) SIGNATURE AND IDENTITY OF BIDDER- The undersigned states that the following provided
information is correct and that (if not signing with the intention to bind themselves to become the responsible and sole
bidder) they are the agent of and they are signing and executing this, as the bid of
Nip Kelley Equipment Co., Inc.
correct LEGAL NAME as stated on the contractor auestionnaire
which is the
a) The organization submitting this bid is a(n) (1) individual bidder, (2) partnership, (3) joint venturer (whether
individuals or corporations, and whether doing business under a fictitious name), or (4) corporation, Indicate by marking
the appropriate box below.
❑ sole individual ❑ partnership ❑ jointventure
0corporation, incorporated under laws of state of M i S S ollr i
b) If the bidder is doing business under a fictitious name, indicate below by filling in the fictitious name
Executed by bidder this 1St dayof October 2014.
THE BIDDER CERTIFIES THAT THE BIDDER AND ITS OFFICIALS, AGENTS, AND EMPLOYEES HAVE NEITHER
DIRECTLY NOR INDIRECTLY ENTERED INTO ANY AGREEMENT, PARTICIPATED IN ANY COLLUSION, OR
OTHERWISE TAKEN ANY ACTION IN RESTRAINT OF FREE COMPETITIVE BIDDING IN CONNECTION WITH THIS
BID, AND THAT THE BIDDER INTENDS To PERFORM THE WORK WITH ITS OWN BONAMDE EMPLOYEES AND
SUBCONTRACTORS, AND DID NOT BID FOR THE BENEFIT OF ANOTHER CONTRACTOR.
THE BIDDER ACKNOWLEDGES THAT THIS IS AN UNSWORN DECLARATION, EXECUTED UNDER PENALTY OF
PERJURY UNDER THE LAWS OF THE UNITED STATES AND/OR FALSE DECLARATION UNDER THE LAWS OF
MISSOURI, AND ANY OTHER APPLICABLE STATE OR FEDERAL LAWS. THE FAILURE TO PROVIDE THIS
CERTIFICATION IN TIES BID MAY MAKE THIS BID NON-RESPONSIVE, AND CAUSE 1T TO BE REJECTED.
THE BIDDER CERTIFIES THAT THE BIDDER'S COMPANY KNOWINGLY EMPLOYS ONLY INDIVIDUALS WHO ARE
AUTHORIZED TO WORK IN TBE UNITED STATES IN ACCORDANCE WITH APPLICABLE FEDERAL AND STATE LAWS
Revised 9-23-2013
AND ALL PROVISIONS OF MISSOURI EXECUTIVE ORDER NO. 07-13 FOR CONTRACTS WITH THE CONTRACTING
AUTHORITY. I
Attest:
❑ Check this box ONLY if the bidder REFUSES to make any or all of these certifications. The bidder may provide
an explanation for the refussl(s) with this submittal.
or Authorized Agent
of person
Seal (If Bidder is a Corporation)
Myers
fiNOTF(1#1bidtler.:is doing business under a fictitious name, the bid shall be executed in the legal name of the individual,
1 �• pait$pr� Ipmt ventures, or corporation, and registration of fictitious name filed with the secretary of state, as required by
U scctiojaa'417 206 {b 417.230 RSMo. If the bidder is a corporation not organized under the laws of Missouri, it shall
•prpcure a pertiflcate of authority to do business in Missouri, as required by section 351.572 et seq RSMo. A mortified
si7cli ( s"tietiou of fictitious name or certificate of authority to do business in Missouri shall be filed with the
F * 7 ss4unjlfg�yi4ays and Transportation Commission, as required by the standard specifications.
(15) TRAINEES: By submitting this bid, the bidder certifies that the bidder is familiar with the Training
Provision in the Missouri Highways and Transportation Commission's "General Provisions and Supplement
Specifications" which are available on the Missouri Department of Transportation web page at wvvw.modot.mo.gov
under "Business with MoDOT" "Standards and Specifications". The number of trainee hours provided under this
contract will be 0 slots at 1000 hours per slot or 0 hours.
(16) SUBCONTRACTOR DISCLOSURE: Requirements contained within See 102.7.12 of the Missouri
Standard Specification for Highway Construction shall be waived for this contract.
(17) PROJECT AWARD: This project will be awarded to the lowest, responsive, responsible bidder.
(18) MATERIALS INSPECTIONS: All technicians who perform, or are required by the F14WA to
witness, such sampling and testing shall be deemed as qualified by virtue of successfully completing the requirements of
EPG 106.18 Technician Certification Program, for that specific technical area.
(19) PRIME CONTRACTOR REQUIREMENTS: The limitation in Sec 108.1.1 of the Missouri
Standard Specifications for Highway Construction that "the contractor's organization shall perform work amounting to
not less than 40 percent of the total contract cost" is waived for this contract. Instead, the less restrictive terms of the
Federal Highway Administration's rule at Title 23 Code of Federal Regulations (CFR) § 635.116(a) shall apply, so that
the contractor must perform project work with its own organization equal to and not less than 30 percent of the total
original contract price. Second-tier subcontracting will not be permitted on this contract. All other provisions in Sec
108.1.1 et seq, of the Missouri Standard Specifications for Highway Construction shall remain in full force and effect,
and shall continue to govern the contractor and its subcontractors, in accordance with the provisions of Title 23 CFR §
635.116.
(20) SALESAND USE TAX EXEMPTION: The City of Cape Girardeau, a tax exempt entity, will
famish a Missouri Project Exemption Certificate as described in Sect ion 144.062 RSMo to the awarded contractor who
in turn may use the certificate to purchase materials for a specific project performed for the tax exempt entity. Only the
materials and supplies incorporated or consumed during the construction of the project are exempt. The certificate will
be issued to the contractor for a specific project for a defined period of time.
ITEMIZED BID: The bidder should complete the following section in accordance with Sec 102.7. The bidder
proposes to furnish all labor, materials, equipment, scrvices, etc. required for the performance and completion of the
work, as follows:
Revised 9-23-2013
RIVERWALK TRAIL- DP1500(020)
ITEMIZED BID FORM -ADDENDUM 1
ITEM NO DESCRIPTION UNITS QTY UNIT PRICE TOTAL
1 MOBILIZATION
LS
1 47,745.
4717
2 CLEARING AND GRUBBING
ACRE
1 11
000.010
1 1 0
3 CONTRACTOR FURNISHED SURVEYING AND STAKING
LS
1 5
225.0
5 2
4 LINEAR GRADING FOR TRAIL
STA
18.2 1
380.0
25 1
5 TYPE 1 AGGREGATE FOR BASE (41N. THICK)
SY
2467
5.7
14,0
6 TEMP ROCK CHECKS AND SPREAD AFTER CONSTR
LS
1 9,325.0
9,3
7 JERSEY BARRIER WITH FENCE
LF
481
86.0
4 1
8 LIGHTS ON FLOODWALL
EA
11 5
810.0
63,9
9 RIP -RAP ALONG SOUTH WALK
TONS
1815
27.0
49 0
10 1'X2.5' CURB ALONG SOUTH WALK
LF
1797
73.0
1 31 ,
11 REINFORCED CONCRETE ALONG SOUTH WALK
SY
2315
58.9
136,
12 MESH REINFORCED CONCRETE
SY
152
62.2
9,4
13 PRE-ENGINEEREDBRIDGESTRUCTURE
EA
1 76
945.0
76
14 BRIDGE ERECTION
EA
'Ili
250.0
11 2
1S 5" WIRE MESH REIN. CONCRETE BROOM FINISH
SF
10001
6.6
6,6
16 EXCAVATION
CY
6501
9.2
5 9
17 1" CRUSHED ROCK
TONS
545
35.0
19,0
18 GEOGRID
SY
534
3.2
1.7
19 DRAIN TILE
LF
305
6.3ID
1,9
20 BACKFILL
TONS
1200
lb.bj
18,6
21 FOOTINGS
CY
97
493.0
47,8
22 WALLS
CY
127
690.0
87,6
23 GUARDRAIL
LF
176
BID TOTAL FOR ALL UNIT PRICES
5.00
0.00
5.00
6.00
1.90
5.00
5.00
81.00
53.50
4.40
45.00
D.00
D.00
D.00
3.00
3.80
1.50
).00
1.00
).00
).00
Eight Hundred Two Thousand Five Hundred Sixteen Dollars ---10/00
WRITTEN FIGURE
(Total bid amount is to be shown in both words and figures. In case of discrepancy, the
amount shown in words will govern. In case of error in extension, the unit and lump sum
prices under each Pay Item will be considered correct, and these sums when properly
extended, shall constitute the Bid.)
o
rif
CampanyID Number. 211168
THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION
MEMORANDUM OF UNDERSTANDING
ARTICLE I
PURPOSE AND AUTHORITY
This Memorandum of Understanding(MOU) sets forth the points of agreement between the
Department of Homeland Security (RHS) and Nip Kelley Eirulprnent Company Inc.
(Employer} regarding the Employer`s participation in the Employment Eligibility Verification
Program (E -Verify), This MOU expl tins certain features of the E -Verify program and
enumerates specific_ responsibilities of DH.S, ftie Social Securely Adiliinistration (SSA), and the
Employer. l_ -Verify is a program that electronically confirms an employee'.s.eligibility to work in
the United States.. after completion of the. Ernploymerrt Eligibility V2rif Wtiort Form (Form p5).
For covered government contracfors, E -Verify is used to verify the employment eligibility gf' aH
newly. hired employees and all e)isting, employees assigned to Federal contracts.
Authority for the E -Verify program is found Iin Title. IV, Subtitle A, of the illegal Immigration
Reform and Immigrant Responsibility Act of i:896 (IIRIRA), Pub. L 104-208, 110 Stat. 300, as
amended (8 U:&C. § 1324a note): Authority for use of the E -Verify program by Federal
contractors and 'subcontractors covered by the'temm$ of Subpart 22.1 g; "Employment Eligibility
Verification", of the Federal Acgyisition regulation .(FAR) (hereinafter referred.to in this MOU as
a 'Vederal contractor") to verify the, employment ellgtbility-of certain employees working on
Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended.
ARTICLE p
FUNCTIONSTo BE PERFORMED
A. RESPONSIBILITIES OF SSA
1. SSA agrees to provide the Employer with available information that allows the Employer
to confirm the accuracy of Social Security Numbers provided by all employees verified under
this MOU and the employment authorization of U.S. citizens.
2. SSA agrees to provide to the Employer appropriate assistance with operational
problems that may arise during• the Employer's participation in the E -Verify program. SSA
agrees to provide .the Employer with names, titles, addresses, and telephone numbers of SSA
representatives to be contacted during the E is ffy process.
3. SSA agrees to safeguard the information provided by the Employer through the E -Verify
program procedures, and to limit access to such 'information, as is appropriate by law, to
individuals responsible for the verification of Social Security Numbers and for evaluation of the
E -Verify program or such other persons or entities who may be authorized by SSA as governed
by the Privacy Act. (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(a)), and SSA
regulations (20 GFR Part 401).
Page t of IBJE-Venf, MOU far ErnpioyerlRev.sim, Date 1 08 F 1s �`,
C�jDMparyy ID Number. 211168.
Tp be accepted as a paricipant in E -Verity, you should only sign the Employer's Sect
io
of thesilghature page. ff,y6u have any questionsi contact E -Verify at 888-464-4218.
Employer Nip Kelley Equipment Company, Inc.
Vince KeM
Name �P,Jaa or Pont)
4-/6clf Z*Mca/4—�r D5/0512009
Sjgn94kr4k Date
Departmentot Homeland Security - Verification Division
Division
�MSICIM,Pzy—�e TyGe npr")
(15111512000—
stgnatuec
Page 11 of 131EAle-Ily MMU for Em.playedR' Asion- Oats 10:;.9'08
.fVerifx
.Company 11) Number: 211168
Information Required for the E -Verify Program
Information relating to your Company:
Company Name, Nip Kelley equipment Company, lhc,
Company Facility Address; 4f North 5prig9
Cape,Oirsrdeau, MO 070
Company Alternate
Address:
County or Parish: CapE,WAAfIMAU
Employer Identification
hiumber: 431M. 700
North American Industry
Classification Systems
237
Parent Company; Nip Kelley Equipment Company, Inc.
Number of Employees: 24 to 99
Number of Sites Verified
for: 1
S6y�
r�
u
r
EtaJYYz w pus
Are you verifying for more than 1 site? If yes; please provide the number of sitesver ffed for in
each State:
WSSOUAI 1 ' site(s)
Page Uof IIIc -'If ,fy MOU ter Em ICyer[Rek&aa) Da21 M8"08
Company ID Number: 211168
information relating to the Program Administrator(s) for your company on policy questions or
operational problems:
Name: Stacl L.Peppie
Telephone Number. (573) •339.0553 Fax Number. (573) 339 - 2025
E-mail.4ddress: spiappleWopkelleyco.pom
Name: Vince L KeVley
Telephone Number. (573) 339.0533 Fax Number (573) 339.2025
E-rnailAddress: vkelley@nlpkedeyco.eom:
Page U at 531E-Varfy MDU for ErnPloyerlReOsico Dare MOalf)II :` : if
4 `BJA
•.. •.
_.• Y AS6�'uCY 4l PY8
N
t
Company ID Number: 211168
information relating to the Program Administrator(s) for your company on policy questions or
operational problems:
Name: Stacl L.Peppie
Telephone Number. (573) •339.0553 Fax Number. (573) 339 - 2025
E-mail.4ddress: spiappleWopkelleyco.pom
Name: Vince L KeVley
Telephone Number. (573) 339.0533 Fax Number (573) 339.2025
E-rnailAddress: vkelley@nlpkedeyco.eom:
Page U at 531E-Varfy MDU for ErnPloyerlReOsico Dare MOalf)II :` : if
AFFIDAVIT OF PARTICIPATION IN
FEDERAL WORK AUTHORIZATION PROGRAM
ComesnovVince Kellevas President first being duly sworn, on my oath,
Cname) fomce held)
affirmNip Kelley Equipm(fXtnsuanY')isenrblled and will continue toparticipate ina
ccampanyname)
federal work authorization program in respect to employees that will work in connection with the
Cape Girardeau Riverwalk Trail Phase IV
contracted services related to and any incidental items
(desvibepmject)
associated with this work for the duration of the contract if awarded, in accordance with Section
285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not
knowingly employ a person who is an unauthorized alien in connection with the contracted
services for the duration of the contract if awarded. Attached to this affidavit is documentation of
the Consultant's participation in a federal work authorization program.
(ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIAPTES IN FEDERAL WORK
AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN
THE GENERAL CONDITIONS)
In Affli7nation thereof, the facts stated above are true and correct (The undersigned
understands that false statements made in this filing are subject to the penalties provided
underSe�ion 575.040, RSMo).
(person with
President
Title
State of Missouri )
ss.
County of J
Vince Kelley
Printed Name
10/01/14
Date
4
Subscribed and swornto before me this � S day of 00-U4r- 20 1 `f
My commission expires; ) 1 q l l,)
Notary Public
P�6Gc
STACI L.
gotP?�Y
:
My CCorrmis onFExp es
_•:�.:*=
SEAL
February 9, 2017
ScoftCouniy
Qf
Commission#13434217
This page left intentionally blank. .
EXHIBIT
AFFIDAVIT OF OSHA TRAINING
COMES NOW (Name) Vincex llev as (office Held) President
of (Company Name/Cmbmctox)Nj xal 1 ayTi i mans- Ca ,andft5t being duly sworn, on
my oath, affirm in connectionwith the contracted services related to Cape Girardeau Riverwalk
Trail Phase IVPojeetName)for the duration ofthe contract, as follows:
1. Contractor shall provide a ten (10) hour Occupational Safety and Health
Administration (OSHA) construction safety program for all employees who will be on-site at the
Project. The construction safety program shall include a course in construction safety and health
that is approved by OSHA or a similar program approved by the Missouri Department of Labor and.
Industrial Relations which is at least as stringent as an approved OSHA program as required by
Section 292.675, RSMo.
2. Contractor shall require its on-site employees to complete a construction safety
program within sixty (60) days after the date work on the Project commences, as required by Section
292.675, RSMo.
3. Contractor acknowledges and agrees that any of Contractor's employees found on
the Project site without documentation of the successful completion of a construction safety
program shall be required to produce such documentation within twenty (20) days, or will be subject
to removal from the Project.
4. Contractor shalll require all of its Subcontractors to comply with the requirements of
Section 292.675, RSMo.
S. Contractor acknowledges that pursuant to Section 292.675, RSMo., Contractor shall
forfeit to City as a penalty two thousand five hundred dollars ($2,500.000), plus one hundred dollars
($100.00) for each on-site employee employed by Contractor or its Subcontractor, for each calendar
day, or portion thereof, such on-site employee is employed without the construction safety training
required in Section 292.675, RSMo,
6. Contractor acknowledges that violations of Section 292.675, RSMo, and imposition
of the penalties described therein shall be investigated and determined by the Missouri Department
of Labor and Industrial Relations.
7. Contractor acknowledges that in the event that the Missouri Department of Labor
and Industrial Relations has determined that a violation of Section 292.675, RSMo., has occurred
and that a penalty shall be assessed, the City shallwithhold and retain all sums and amounts due and
owing when making payments to Contractor under this Contract.
FURTHER AFFIANT SAITH NOT.
IN AFFIRMATION THEREOF, the facts stated above are true and correct (the
undersigned understands that false statements made in this filing are subject to the
penalties provided in Section 575.040, RSMo.)
fIn
Nip Kelyey Equipment Co., Inc.
(name of
(name of 4ficec of cozpocation and title)
Vince Kelley, Pres
ATTEST,
...
SeaPaxy (oi othecoffices) F ank Myers
-
7
c ,S'yATF—Of WSSOURI )
f MUNTY OF CAPE GIRt1RDEAU )
On this ISTday of V(AL) er! 20 14 before me appeared
to 1golEgEnstwInt
k�eseNof
' me duly sworn, did say that/she is the P G {'
of -Missouri Corporation, and that the seal affixed to the
id Corporation, and that the said instrument was signed and
sealed in behalf of said Corporation by authority of its Board of Directors, and acknowledged said
instrument to be the free act and deed of said Corporation_
IN TESTIMONY WIIER.IEOF, I have hereunto set my hand and affixed my official seal, at
my office in Cape Girardeau, Missouri, the dayAotuT
r first above written. !'
Public
My Commission Expires
I , `"I.",,
R'I�
STACI L PEPPLE
l� ;=oS••"(/'Gn;;
My Commission Expires
_ NOTARY'- I_
February 9, 2017
�.'. SEAL,r c
Scott County
9,OFA�F
Commisslon#13434217
Certification Regarding
Debarment, Suspension and Other Responsibility Matters
The contractor hereby certifies to the best of its knowledge and belief and that it and its principals
and its subcontractors and their principals:
(a) Are notpresently debarred, suspended, proposed for debarment, declared ineligible or
voluntarily excluded from covered transactions by any Federal or State department or agency;
(b) Have not within a three (3) 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 government
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 subcontract had one or more public
transactions (Federal, State or Local) terminated for cause or default.
I understand that a false statement on this certification may be grounds for rejection of this .
contractor or termination of the contract. In addition, under 18 USC Sec. 1001, a false
statement may result in a fine of up to $10,000 or imprisonment for up to rive (5) years or
both.
Vince Kelly, President
Tvped Name.$` Title of Authorized R
10/01/14
Date
❑ I am unable to certify to the above statement My explanation is attached.
This page left intentionally blank. .
BIDDERName and AddFOSS),
NI -P elle
AID DUE DA'11: —.g-ct(?PeK_ 1 2014.
PROJECT f&mfDffs';Fi9fi0H datrlyd.se 1. taut ,j �
�e Girardeau River WalkTrail- Phase IV
BONDMUMBER: N/A
DP -TP- (KaZaw 4= Bid D. 'a -r -o,
- -9ctober 1,
PENALSUM-. Five Percent of the AmDuPE—B�jd�5 'o. 1
IN WITNESS WIDMEOF, Surety Bad Bidder, intending to 66 jagaly bound jkmby, 4ublcrt to the term
printed cc Qm rmise Side hereof, do each cause This Bid Bond to be duly emute4 on its behalf by its
gvh'op�zed algeor, or representative. 4
SURETY
1Y £niSEPTF
COMPANY, YVC MERCHANTS BONDING COMPANY
d rporate Seal
S*erys Ngme and Corporate
Sim#4
Wn TTi e 5
f, &'P&Mm and 1itle{Attaeh Focver
ofAitarue
55: F Donald L. Wasoba Attorney -in -Fact
Sipa XaKamew Witness:p b,
. : SiPaftm aad Me
NOM (1) Above addresses am to be used for rivbg required notae_
(2) Anydngulmr reference to Bidder,
Applicable. Sm"r, 0W= or olhm WLY sbAU to Comdered plural where
Ulm
. Hid6cr-11 Surety, joinfly and semay, land xh.'ti w'U' dteir
htursr eaecotoss, aIa ;miser um successors Mrd m PET to
OwoetupoadefaultofHiddwtbtp,talsram fortherr this Band, an ft Ave
2. Default of8idde-$hall decor Ulm the f4Wyc of Bidder to
deliver wAdda the titad required by the Bidding U Murat the
exenuted 49renn47[ MILdred by tTp Hiddh+'e
9=1[omionc—I tud paYmr
su Fonds Pdsu n� Mid any
t
Dotumencs end Conuac[ Docunnes, ed by th6 R:Ming
wts.
3. This obifgetion shall be null and raid if:3.1 0 -Free aetepts Bidderk hid and Eiddtr delir n within
the Rasp required by the Bidding Documents (or
tatauioa tharev£sli"d to in writing by Qom) tbt
extentrd A€te<ment req&ed by the Ridding
documens and any pedarnimm and pay,,tg bm&
requited by the mdding Dec[tmears snd C¢a[raat
Dosua+tn4 of
3.2 All bids sc (c aped by 0,,, or
"=" s ta'uua a notice of evxrd to Bidder witbin
the AM slteciftcd in the Bidding Documents (, shy
t b=uioo thcmfagiecd to in writing by giddy Md, if
fPP slc, consented to by Surety wben reeuir by
FtFh 5 hetaa�
k• Pay[irant tmdc* this gond will be dot and pay2blt upon[ defaull
Of aidder and �*in 3G radar days site, cecdpt by P-iada and
SUMV Of written notice. atddault from Dwner, which notice'Xbll
be given with reasonable pmmpatess, ideu fybrg this Bond and
the pritiect and including atunpnmt Jibe aaonoc due.
5. Surety waives notice of and any and All defenses basad to or
a Sing out of pay adze eaten;lav to Wu6 notict ofawwd agreed m
in writing by owner and Bidder, pmvid6d char the tim6 far issuing
norii a of awerd =Iuding exk!u m s stall not in the agw'p'-
exceed 120 drys from gid Due Da[c without gvrcty's rvriuer
conSeet
6- Na au;t ut action attelt be W11=111ed under this Bond prior [o
30 ca)tndardrys aft to-, notice of def6uit required in pxagmph 4
abpva is rcetived b; Bidrkr and Surtry_ and in no ease t3tar Neer
One year &R -r Bid Lora Dare.
7. Any suitoractjo,, und, thin gond shall be eonarenced only in
a count of covgten_ent i tisd cdOm located in the seise in s+ich Ne
Ptnject is #ocat-d.
g• lvroticc rcgvircd h6reundrTT 6e in wridng and stns to Bidder
erui Surety at tour respective t(tldresaec alrowu on tb, fine of thin
Band_ Such nodcts my be sdt by pe§sonal delivery, enovo-trial
eaurier or by United SVO= Rdsimrr=(ad or Co cged Heil, n.nn te-
mpt mquestcd, pouag,ptpaid' and shall be deemed m be
af�mtiv¢ -Wip€ by the p6tg c¢..uu'dL
9. Strraty 4111.TTotase tobe 4r=bcd to lists bond rcrttt2dt rod
effcaive Pawn of Aitomty evidedeing the audrorfty of the on—_. ,
agpu Or rept Camitnre wino 6%teuted this frond 0. bdtalfof Sure '
to 0.YEeut, scat an$ delry,, ;Set 'v'ld v%ii the �if5> ' f ebY,
k0. 7i:is 8m -rd i€ u-rfrstdcd m mafa:nt m all applitrbie actmtory
to7ubtrncttl_ AoY wpPljc" mquitc¢2atorxV M rliMU,
statute that Tris been atrsrxd $ant soli Bonduli be dtatzrst N >r
included herein ser t{ ut fYath aF irngth Ifany provision of tlta-
E COC ND. 799(7-2aC(1H9tY Edi)
'ran¢iS2g with my "liable Prc+si ko of nay aFPtidahk
tw Sz prtrct m Ofse[d ttatus aball tovrnt and rite
rmwlttder efNs abw that is eta in cwfkct theer 'M ska11
Welinue in €ell fbxu and cGtm
11. il>e xrm "bid` as used herein includes a bid, w'Ftr m pt9jm-.' i
az applimb)e.
MERCHANTS
BONDING COMPANY,
POWER OF ATTORNEY
Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING,
INC., both being corporations duty organized under the laws of the State of Iowa (herein collectively called the 'Companies"),
and that the Companies do hereby make, constitute and appoint, individually,
Donald L Wasoba
of St Peters and State of MO their true and lawful Attorney -in -Fact, with full power
and authodty hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety
any and all bonds, undertakings, rewgnlzances or other written obligations in the nature thereof, subject to the limitation that any
such instrument shall not exceed the amount of.
TWO MILLION ($2,000,000:00) DOLLARS
and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly
authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are
hereby ratified and confirmed.
This Power-of-Attomey is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of
Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National
Bonding, Inc., on October 24, 2011.
'The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have
power and authority to appoint Attomeys-in-Fad, and to authorize them to execute on behalf of the Company, and attach the
seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in
the nature thereof.
The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to
any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance,
or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and
effect as though manually fixed:'
In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of March , 2012.
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By I-e-zz
77�sident
On this 2nd day of March , 2012, before me appeared Larry Taylor, to me personally known, who being by me duly swom did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
p,,����f�''�IIt��y MARANDA GREENWALT
±�FCommission Number 770312 '{
-�� r My Commission Expires
October 28, 2014
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this tat dayof October 2014
POA 0014 (11/11)
0
PO
Idi: .4d 9�..�. O :
.y : G� 9.�•yc:
1933
:civ.• :•y'
J.,
STATE OF IOWA - �''•!y * ,."'
'•.
COUNTY OF POLK ss. 11", '0.
MERCHANTS BONDING COMPANY (MUTUAL)
MERCHANTS NATIONAL BONDING, INC.
By I-e-zz
77�sident
On this 2nd day of March , 2012, before me appeared Larry Taylor, to me personally known, who being by me duly swom did
say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and
that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and
sealed in behalf of the Companies by authority of their respective Boards of Directors.
In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year
first above written.
p,,����f�''�IIt��y MARANDA GREENWALT
±�FCommission Number 770312 '{
-�� r My Commission Expires
October 28, 2014
Notary Public, Polk County, Iowa
STATE OF IOWA
COUNTY OF POLK ss.
I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.,
do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies,
which is still in full force and effect and has not been amended or revoked.
In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on
this tat dayof October 2014
POA 0014 (11/11)
tz
33
i' 1900
2003 .�
,r
Staff: Casey Brunke P.E., City Engineer
Agenda: 10/20/2014
SUBJECT
Ordinance to amend Traffic Schedule T of Section 26-260 of the City Code by removing handicapped parking
along a portion of Ellis Street.
EXECUTIVE SUMMARY
Ordinance to amend Schedule T of Section 26-260 by removing handicapped parking along a portion of Ellis
Street at the northeast corner of Ellis and William. The handicap stall was established at the request A&O, Inc.,
a business which is no longer located at this location. Family Dollar is currently in the location and will have
handicap parking in their parking lot.
BACKGROUND/DISCUSSION
Attached is the ordinance that established the handicap parking stall.
FINANCIAL IMPACT
The changing of the traffic schedule will require no direct funding. Patching for water line work will take place
at this location in the near future with the stall being removed then.
STAFF RECOMMENDATION
Staff Recommends that the City Council amend Schedule T of the Traffic Ordinance to remove handicap
parking along a portion of Ellis Street.
ATTACHMENTS
Name: Description:
❑ Amend -Handicap Ellis.doc Ellis Handicapped Parking Ordinance
❑ Ellis HC Stall—Ord History.pdf Ord History - Establishing HC Stall
❑ Ellis HC Parking Stall - Remove.pdf Location Map
❑ Ellis HC Stall Remove Info.pdf Ord Info
BILL NO. 14-166
ORDINANCE NO.
AN ORDINANCE AMENDING SCHEDULE T OF
SECTION 26-260 OF THE CITY CODE, BY
REPEALING HANDICAPPED PARKING ALONG A
PORTION OF ELLIS STREET, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. That portion of Schedule T of Section 26-260 of
the Code of Ordinances of the City of Cape Girardeau, Missouri,
which established handicapped parking at the following location:
South Ellis Street, east side, north of William
Street, beginning 30 feet from the back of curb on
William Street for a distance of 25 feet.
ARTICLE 2. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 3. This ordinance shall take effect and be in force
from and after ten days after its final passage and approval.
PASSED AND APPROVED THIS DAY OF
000"M
Gayle L. Conrad, City Clerk
2014.
Harry E. Rediger, Mayor
CITY OF CAPE GIRARDEAU, MISSOURI
Office of the City Manager
The Honorable Mayor
and
Members of the City Council
City of Cape Girardeau, Missouri
Dear Mayor and Council Members:
Council Letter No. 194
Agenda July 1, 2002
Subject: Ordinance Amending Schedule T of Section 26-260 of the City Code, by Establishing
Handicapped Parking on South Ellis Street, in the City of Cape Girardeau, Missouri
The business operator of A & O Inc., located at the comer of William Street and Ellis Street, has
requested that handicapped parking be established at a location close to his business. Since there is no
existing area designated for handicap parking at this location, it will be necessary to establish a
Handicapped Parking Zone by ordinance,
It is requested that first reading consideration be given to an ordinance amending Schedule T of
Section 26-260 of the City Code by establishing a Handicapped Parking Zone at:
South Ellis Street; east side, north of William Street, beginning thirty (30) feet
from the back of curb on William Street for a distance of twenty-five (25) feet.
Resnectfiilly anhmiffPA
City Manager
MAL/MGM/ml
City of Cape Girardeau
Proposed Amendment to
Traffic Schedule T
II Proposed Stall to be Removed �
Legend
Street Centerlines
S I
"Parcel Lines
Ellis Ordinance Info
Schedule T — Handicapped Parking
Remove
CHA-3023 7-15-02
South Ellis Street, east side, north of William Street, beginning 30 feet from the back of
curb on William Street for a distance of 25 feet.
Staff: Ryan Shrimplin, AICP - City
Agenda: Planner
10/20/2014
SUBJECT
An Ordinance approving the record plat of R. Hetzel Property Subdivision 1.
EXECUTIVE SUMMARY
The attached ordinance approves the record plat of R. Hetzel Property Subdivision 1.
BACKGROUND/DISCUSSION
A record plat has been submitted for R. Hetzel Property Subdivision 1, located at 1720 Broadway. The
subdivision is zoned C-1 (General Commercial District). The plat combines four existing lots and a vacated
alley right-of-way into one new lot.
STAFF RECOMMENDATION
The staff report to the Planning and Zoning Commission recommended approval.
BOARD OR COMMISSION RECOMMENDATION
The Planning and Zoning Commission, at its October 8, 2014 regular meeting, recommended approval of the
record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining.
ATTACHMENTS:
Name:
❑ R Hetzel Property Subd.doc
❑ Staff Review -Referral -Action Fomn W
❑ Map - R Hetzel Property Subdivision ttpdf
❑ Application - R. Hetzel Sub.pdf
❑ HETZEL_ FINAL_REVISED.pdf
Description:
R Hetzel Property Plat Ordinance
R Hetzel Property Subdivision 1 - Staff RRA Form
R Hetzel Property Subdivision 1 - Map
R Hetzel Property Subdivision 1 - Application
R Hetzel Property Subdivision 1 - Record Plat
BILL NO. 14-167 ORDINANCE NO.
AN ORDINANCE APPROVING THE RECORD PLAT OF R.
HETZEL PROPERTY SUBDIVISION 1
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI. AS FOLLOWS:
ARTICLE 1. The record plat of R. Hetzel Property Subdivision
1, a subdivision being a re -subdivision of all of lots numbered
thirteen (13), fourteen (14), fifteen (15), and sixteen (16) and
a vacated alley in block numbered one (1) in Whitelaw's
Subdivision of Tan Yard Lot to the City of Cape Girardeau, in the
City and County of Cape Girardeau, Missouri, submitted by R.
Hetzel Properties L.L.C., bearing the certification of Scott A.
Richards, dated August 26, 2014, is hereby approved.
ARTICLE 2. The City Clerk is hereby directed to sign the
record plat with the date of Council approval and affix thereto
the seal of the City of Cape Girardeau, Missouri.
ARTICLE 3. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS DAY OF , 2014.
Harry E. Rediger, Mayor
000"M
Gayle L. Conrad, City Clerk
CITY OF CAPE GIRARDEAU, MISSOURI
City Staff Review, Referral and Action - Subdivision Application
1 i1i p
gTO R M -"I M1
LOCATION: Whitelaw Avenue& Broadway
STAFFREVIEW& COMMENTS. -
A record plat has been submitted to combine four lots along Whitelaw Avenue & Broadway. SEE STAFF REPORT
FOR MORE DETAILS.
City Manager
RECOMMENDED ACTION. -
COMMENTS:
CITIZENS COMMENTING AT HEETING:.
q�zsl��
Date
Date
-7
Date
Favor., Oppose Abstain
a
Favor
Oppose
Abstain
Ll
Trae Bertrand
01
0
0
Ralph Maxton
Larry Dowdy
LY,
Ll
L)
Scott McClanahan
Jeff Glenn
La"11
Li
L3
Doug Spooler
Bill Hinckley
af
Ll
L)
Tom Welch
Randy Kluge
L3
L3
L)
VOTE COUNT:
Favor
Oppose
COMMENTS:
CITIZENS COMMENTING AT HEETING:.
q�zsl��
Date
Date
-7
Date
Favor., Oppose Abstain
a
LJ
Ll
L11
Ll
0
01
a-
Lj
L3
Abstain
Ran44 U-ugt--
Planning & Zoning Commission Sreeretary
City Council Action
Ordinance I" Reading Ordinance 2nd & 3rd Reading.-
"RIORDINANCE 9 Effective Date:
R. Hetzel Property Subdivision 1
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Legend
City of Cape Girardeau
R. Hetzel Property Subdivision 1
Division of Planning Services
Parcels
GIS Data
Sour Vie: E-sri, DigitaIGlob
Lot Line
August 29, 2014
ONES/Airbus DS, USDA,
swisstopo, and the GIS U
U1 U111111UHILY
SUBDIVISION PLAT APPLICATION
I T Y Of "APE I ►
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I
-6327
DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339
Name of Subdivision Type of Plat (Preliminary,, Record., Boundary Adjustment)
R. Hetzel Property Subdivision I Record
Applicant Property Owner of Record (if other than Applicant)
Rick Hetzel I
Mailing Address City, State, Zip Mailing Address City, State, Zip
PO Box 965 lCape Girardeau, MO 6370 1
Telephone Email Telephone Email
573-270-0090 rick@hetzelproperties.net I I
(Attach additional owners information if necessary)
Professional Engineer/ Surveyor Developer
Scott Richards - Richards Land Surveying R. Hetzel Properties, LLC
Mailing Address City, State, Zip Mailing Address City, State, Zip
1813 Greenbrier Cape Girardeau, MO 6370 PO Box 965 Cape Girardeau, MO 63702
Telephone Email Telephone Email
573-339-7473 rlsurvey@charter.net 573-803-0554 rick@hetzelproperties.net
ADDITIONAL ITEMS In addition to this application, the following items must be submitted:
IIReview Fee (payable to City of Cape Girardeau)
REQUIREDSingle-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)
nRecording 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 ex"t pr' to City C uncil's acceptance of the record plat.
a),- 07-014
Applicant Signature Date
OFFICE USE ONLY
Date Received I za By File Number
Planning & Zoning Commission Recommendation
City Council Final Action
Date
Date
Revised 6/18/2012
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o ()0 JOB NAME:RICK HETZEL DRAWN BY:KKS CHECKED BY:SAR MAGNETIC
LOCATION: CAPE GIRARDEAU, MISSOURI SCALE: "=20' RICHARDSLANDPROJECT NUMBER SHEET SURVEYING
DESCRIPTION:
HETZEL PROPERTY SUBDIVISION #1 R14O8O97 1 OF 1 1813 GREENBRIER, CAPE GIRARDEAU, MISSOURI
0 PH. (573) 339-7473 FAX (573)339-7473
Gayle L. Conrad, CMC/MRCC,
Staff: Director of Citizen Services/City
Agenda: Clerk
10/20/2014
SUBJECT
Amendment of the business license language regarding penalties.
EXECUTIVE SUMMARY
In 2012 the State passed a law prohibiting municipalities from applying higher penalties than those assessed by
the State for delinquent merchant taxes owed. At that time, State Statute authorized the assessment of penalties
and interest for delinquent merchant tax. In order to comply with that new law, the City adopted an ordinance
changing the City's delinquent rates to match those charged by the State, effective January 1, 2013.
BACKGROUND/DISCUSSION
Section 144.250 RSMo. establishes a penalty of five percent per month on the amount of tax owed, up to a
maximum of 25 percent penalty. This penalty is a simple calculation for both the business owner and the city
staff, and has been simple to implement.
Section 144.170 RSMo. states that interest shall also be collected on any delinquent merchant tax amount in
addition to the penalty clause above. The State calculations for this interest provision are complicated at best
with a fluctuating interest rate calculated on a daily basis. Business owners have not been able to accurately
determine the amount of interest due the City, which is requiring additional City staff time to work with the
business owner and calculate. In addition, the new Munis software for business licenses is not programmed to
calculate daily fluctuating interest rates.
The attached Ordinance would leave in place the penalty provision for delinquent merchant taxes due to the
city, and would remove the interest calculation.
FINANCIAL IMPACT
Since the adoption of the State calculations in January of 2013, the City has collected approximately $700 in
interest for delinquent merchant taxes due, which would no longer be collected with this ordinance change.
However, there will be a decrease in the amount of staff time involved in calculating the interest. In addition,
removing the interest provision will make it easier for the customer to calculate amounts due and allow them to
pay their deliquent amounts online once the new software is put into place for online payments.
STAFF RECOMMENDATION
Staff recommends approval of the ordinance.
ATTACHMENTS:
Name: Description:
❑ Ordinance - 15-14_Penalties _ for Delinquent_ Business_Licenses.doc Penalties for Delinquent Bus Lic Ord
BILL NO. 14-169
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 15-14 OF
THE CITY CODE, RELATING TO PENALTIES FOR
DELINQUENT BUSINESS LICENSES
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. All of Section 15-14 of the Code of Ordinances of
the City of Cape Girardeau, Missouri, which reads as follows:
Sec. 15-14. - When taxes delinquent; penalty.
Except as otherwise provided by law, the interest
provisions of RSMo q 144.170 and penalty provisions of
RSMo q 144.250 relating to delinquent sales taxes
shall apply to delinquent taxes due as a result of a
license tax imposed by the terms of the chapter.
, and a new Section 15-14 is
hereby enacted in lieu there, in words and figures, to read as
follows:
Sec. 15-14. - When taxes delinquent; penalty.
Except as otherwise provided by law, the penalty
provisions of Section 144.250 RSMo relating to
delinquent sales taxes shall apply to delinquent taxes
due as a result of a license tax imposed by the terms
of the chapter.
ARTICLE 2. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 3. This ordinance shall take effect and be in force
from and after ten days after its final passage and approval.
PASSED AND APPROVED THIS DAY OF , 2014.
Harry E. Rediger, Mayor
11
ATTEST:
Gayle L. Conrad, City Clerk
Staff: Casey Brunke P.E., City Engineer
Agenda: 10/20/2014
SUBJECT
Ordinance to amend Traffic Schedule F of Section 26-247 of the City Code by establishing no parking anytime
along a portion of Hawthorne Road.
EXECUTIVE SUMMARY
Ordinance to amend Schedule F of Section 26-247 by establishing no parking anytime along the east and west
sides of Hawthorne Road, just south of Hopper. City staff has been contacted regarding cars parked along
Hawthorne Road. This location is near Clippard Elementary School which sees high traffic volumes during the
morning drop off, afternoon pick up, and school events. Cars parking in the grass along Hawthorne cause
maintenance issues for adjoining property owners. In addition, the parked cars create hazardous conditions by
restricting traffic movement along Hawthorne. Staff recommends establishing no parking anytime along both
sides of Hawthorne for a distance of 300 feet south of Hopper.
FINANCIAL IMPACT
The changing of the traffic schedule will require no direct funding but will require signage changes which will
be handled by the Public Works Department.
91 all 010NK41411IILIID1►11kr6[417►
Staff Recommends the City Council amend Schedule F of the Traffic Ordinance by establishing no parking
along a portion of Hawthorne Road.
ATTACHMENTS:
Name:
❑ No Parking_ Hawthorne_Road.doc
❑ Hawthorne Road No Parking.doc
❑ Hawthorne No Parking.odf
Description:
Hawthorne Rd No Parking Ordinance
Ord Info
Location Map
BILL NO. 14-171
ORDINANCE NO.
AN ORDINANCE AMENDING SCHEDULE F OF
SECTION 26-247 OF THE CITY CODE, BY
ESTABLISHING NO PARKING ANYTIME ALONG A
PORTION OF HAWTHORNE ROAD, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Schedule F of Section 26-247 of the Code of
Ordinances of the City of Cape Girardeau, Missouri, is hereby
amended by establishing no parking anytime along a portion of
Hawthorne Road, in the City of Cape Girardeau, Missouri, at the
following location:
Hawthorne Road - both sides, 300 feet south of Hopper
Road
ARTICLE 2. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City
of Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 3. This ordinance shall take effect and be in force
from and after ten days after its final passage and approval.
PASSED AND APPROVED THIS DAY OF
000"M
Gayle L. Conrad, City Clerk
2014.
Harry E. Rediger, Mayor
Hawthorne Road Ordinance Info
Schedule F — No Parkins Anvtime
NEW
Hawthorne Road — both sides, 300 feet south of Hopper Road
City of Cape Girardeau
Proposed Amendment to
Traffic Schedule F
J Proposed No Parking
N Legend
W+E Street Centerlines
S u Parcel Lines
Gayle L. Conrad, CMC/MRCC,
Staff: Director of Citizen Services/City
Agenda: Clerk
10/20/2014
SUBJECT
Optional appointment of one ex -officio member to the Girardeau Goes Green Advisory Board for a term
expiring July 1, 2015.
EXECUTIVE SUMMARY
Mr. Steve Overmann resigned from the Girardeau Goes Green Advisory. He was serving an ex -officio term set
to expire July 1, 2015. A copy of the board roster is attached for your information.
The following individuals have expressed interest in the Board, and their board applications are attached for
your review.
. Timothy Bosak-Barani
. Patrick Elfrink
. Charles Heady, Jr.
. Patrick Koetting
. Daniel Presson
. Forest Reutzel
BACKGROUND/DISCUSSION
In April of 2009, the City Council adopted an ordinance creating the Girardeau Goes Green Advisory
Board. The purpose of this board is to develop cost effective recommendations for how the Cape Girardeau City
Government can:
1. Reduce energy consumption
2. Improve energy use efficiency
3. Reduce the City's environmental impact
4. Participate in environmental projects
5. Enhance its sustainability
6. Serve as a role model by providing education information to the community
As stated in the ordinance, the Council shall make every effort to appoint persons with a demonstrated interest
in promoting environmental sustainability in City operations. To the extent available, the Board shall include
professional members representing such disciplines as environmental science, engineering, resource
management, transportation, public works, recreation, facilities management, construction, or any other field
related to environmental science.
In addition, every voting member of the advisory board must be a resident of the City of Cape Girardeau.
However, if the city council makes a finding that special expertise is required, up to two (2) additional ex -
officio members who are residents of Cape Girardeau County may also be appointed.
STAFF RECOMMENDATION
It is recommended that if the Council makes a finding that special expertise is required, one ex -officio member
be appointed to the Girardeau Goes Green Advisory Board for a term expiring July 1, 2015.
BOARD OR COMMISSION RECOMMENDATION
The Board recommends that Mr. Charles Heady be appointed to the ex -officio position.
ATTACHMENTS:
Name:
❑ Green Board.roster.doc
❑ Bosak-Barani.09-11-14.1.1)df
❑ elfrink.patrick.04-22-14.1.pdf
❑ Heady.Chades.09-11-14ApT
❑ koettingpatrick.08-11-14.1.1df
❑ presson.daniel.04-03-14.1.1df
❑ reutzel.forest.12-05-13.pdf
Description:
Green Board roster
Board App
- Bosak-Barani, Timothy
Board App
- Elfrtink, Patrick
Board App
- Heady, Charles
Board App
- Koetting, Patrick
Board App
- Presson, Daniel
Board App
- Reutzel, Forest
CITY OF CAPE GIRARDEAU, MISSOURI
Roster of Advisory Boards and Committees
September 22, 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.
Girardeau Goes Green Advisory Board
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.
Date Appointed Date Reappointed
Term Expires
Jeff Green
September 23, 2013 ---
July 1, 2015
David Epps
September 23, 2013 ---
July 1, 2015
Michelle Otte - Ex -officio
July 7, 2014 ---
July 1, 2015
Sam Blackwell
March 21, 2011 6/17/13
July 1, 2016
Marc Mahnke
April 7, 2014 ---
July 1, 2016
Annabelle Criddle
April 7, 2014 ---
July 1, 2016
Vacant (Overmann) Ex -officio
--- ---
July 1, 2015
Chris Macke
9/22/14; ex -officio 7/7/14 ---
July 1, 2017
Steve Maldonado (chair)
October 17, 2011 7/7/14
July 1, 2017
Joe Uzoam - Ex -officio Council
April, 2014 ---
July 1, 2015
Serve three year terms appointed by Council. Two ex -officio members with special expertise residing in Cape Girardeau
County can be appointed. Council member can serve as ex -officio member. Meetings held second Tuesday of each month.,
7:00 p.m, Cape Public Library. Purpose is to develop cost effective recommendations on how the City organization can reduce
its environmental impact, enhance its sustainability, and serve as a role model for the region. Staff contact — Mike Schott,
Public Works, 339-6351.
Gayle L. Conrad, CMC/MRCC,
Staff: Director of Citizen Services/City
Agenda: Clerk
10/20/2014
SUBJECT
Appointment of three members to the Parks and Recreation Advisory Board for terms expiring October 29,
2017.
EXECUTIVE SUMMARY
Three terms on the Parks and Recreation Advisory Board are scheduled to expire on October 29, 2014. These
positions are currently held by Steve Taylor, Lee Hillman and Troy Vaugh. They all have expressed an interest
in being reappointed to the Board. Copies of their advisory board applications are attached, along with the roster
and attendance for the board.
BACKGROUND/DISCUSSION
Section 18-27 of the City Code states that a person appointed to the board shall be a taxpayer, qualified voter
and resident of the city. Members serve a three-year term. The following individuals have expressed an interest
in serving on the board, and their board summary sheets are attached.
Timothy Bosak-Barani
Don Kaverman
Earl Buchheit
Patrick Koetting
Patrick Elfrink
Bruce Skinner
Keith Sander
STAFF RECOMMENDATION
Staff recommends Council make three appointments to the Parks and Recreation Advisory Board for terms
expiring October 29, 2017.
BOARD OR COMMISSION RECOMMENDATION
The Board recommends the reappointment of Mr. Taylor, Mr. Hillman and Mr. Vaughn
ATTACHMENTS:
Name:
❑ Park Board.roster.doc
❑ Park Board.attendance.odf
❑ hillman.lee.02-11-10.1)df
❑ taylor.steve.10-11-1 tt1df
❑ vaughn.troy.12-13-05.pdf
Description:
Park Board Roster
Park Board attendance
Board App - Hillman, Lee
Board App - Taylor, Steve
Board App - Vaughn, Troy
❑ Bosak-Barani.09-11-14.1.pdf
❑ elfdnk.patrick.04-22-14.1.pdf
❑ kaverman.don.10-14-14.1)df
❑ koetting.patrick.08-11-14.1.pdf
❑ sander.keith.10-04-13.1.pdf
❑ skinner.bruce.05-14-14.1.1)df
Board App - Bosak-Barani, Timothy
Board App - Elfrink, Patrick
Board App - Kaverman, Don
Board App - Koetting, Patrick
Board App - Sander, Keith
Board App - Skinner, Bruce
CITY OF CAPE GIRARDEAU, MISSOURI
Roster of Advisory Boards and Committees
September 22, 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.
Parks and Recreation
Council, ex -officio
Board
Date Reappointed
Date Appointed
Steve Taylor
October 17, 2011
Troy Vaughn
June 5, 2006
Lee Hillman
April 4, 2010
Roger Hudson
October, 15, 2012
Bari Neff
July 21, 2008
Craig Billmeyer
May 5, 2008
Dana Deisher
August 2, 2004
Percy Huston
December 7, 2009
Robert Harris
March 5, 2007
Terry Slattery
March 4, 2013
Beverly Evans
October, 15, 2007
Council, ex -officio
Board
Date Reappointed
Term Expires
3/3/14
October 29, 2014
10/20/08; 10/17/11
October 29, 2014
10/17/11
October 29, 2014
---
October 29, 2015
10/20/09; 10/15/12
October 29, 2015
10/20/09; 10/15/12
October 29, 2015
10/23/06, 10/20/09, 10/15/12
October 29, 2015
12/6/10; 10/21/13
October 29, 2016
10/15/07; 12/6/10; 10/21/13
October 29, 2016
10/21/13
October 29, 2016
12/6/10; 10/21/13
October 29, 2016
Serve three year terms, appointed by Council. Regular meetings held second Monday at 5:30 p.m. in Council Chambers. A
Council member may serve as liaison. Staff contact— Julia Thompson, Parks & Recreation Director 339-6340.
PARKS AND RECREATION ADVISORY BOARD
Attendance Record
Ordinance effective 4/13/00
P = present, A = absent
OWN
2013
2nd Monday
Jan
14
Feb
11
Mar
11
Apr
8
Jun
10
Sep
10
Oct
14
Nov
11
Dec 1St 2nd
9 letter letter
3rd termi-
letter appt'ed nated
Billmeyer, Craig
P
P
P
P
P
P
P
P
A
Deisher, Dana
P
P
P
P
tMay
P
P
P
P
P
Evans, Beverl
P
P
P
P
P
P
P
A
P
10/21/13
Harris, Robert
P
P
P
P
P
P
P
P
P
10/21/13
Hillman, Lee
P
A
P
P
P
JA
P
A
P
P
Hudson, Roger
P
P
P
P
P
P
A
P
P
A
Huston, Percy
P
P
P
P
P
P
P
P
P
P
10/21/13
Neff, Bari
P
A
P
P
P
P
2013
2nd Monday
Jan
14
Feb
11
Mar
11
Apr
8
Jun
10
Sep
10
Oct
14
Nov
11
Dec 1St 2nd
9 letter letter
3rd termi-
letter appt'ed nated
Billmeyer, Craig
P
P
P
P
P
P
P
P
A
Deisher, Dana
P
P
P
P
tMay
P
P
P
P
P
Evans, Beverl
P
P
P
P
P
P
P
A
P
10/21/13
Harris, Robert
P
P
P
P
P
P
P
P
P
10/21/13
Hillman, Lee
P
A
P
P
P
JA
P
A
P
P
Hudson, Roger
P
P
P
P
P
P
A
P
P
A
Huston, Percy
P
P
P
P
P
P
P
P
P
P
10/21/13
Neff, Bari
P
A
P
P
P
P
P
P
P
P
Proffer, Kim
A
terminated, attendance
01/14/13
Slattery, Terry
Appt 3/4/13
P
P
P
P
P
P
P
P
03/04 & 10/21
Taylor, Steve
P
P
P
A
P
P
P
A
P
P 12/20/13Vaughn,
Troy
P
P
A
P
P
P
A
P
P
P
Gayle L. Conrad, CMC/MRCC,
Staff: Director of Citizen Services/City
Agenda: Clerk
10/20/2014
SUBJECT
Appointment of three members to the Planning and Zoning Commission for terms expiring November 1, 2018.
EXECUTIVE SUMMARY
Three positions on the Planning and Zoning Commission are set to expire November 1, 2014. These positions
are presently held by Scott McClanahan, Trae Bertrand and Ralph Maxton. Mr. McClanahan and Mr. Bertrand
have expressed interest in being reappointed, and their advisory board applications are attached. Mr. Maxton
does not wish to be reappointed.
BACKGROUND/DISCUSSION
Copies of the board and attendance rosters are attached for your review. The following have expressed interest
in serving on the board, and their board summary sheets are attached:
Timothy Bosak-Barani
Ray Buhs
Seymour Chilton
Don Kaverman
Patrick Koetting
Daniel Presson
STAFF RECOMMENDATION
John Ruester
Forest Reutzel
Mark Seesing
Bruce Skinner
Walter White
Staff recommends Council make three appointments to the Planning and Zoning Commission for terms expiring
November 1, 2018.
BOARD OR COMMISSION RECOMMENDATION
The Planning and Zoning Commission recommends that Mr. McClanahan and Mr. Bertrand be re -appointed.
For the vacant position, the Commission recommends, in order of preference, Ray Buhs or Patrick
Koetting, Bruce Skinner, and Forest Reutzel.
ATTACHMENTS:
Name: Description:
❑ P Z.roster.doc
❑ P Z.roster.attendance.pdf
❑ bertrand.trae.07-21-06.1)df
❑ mcclanahan.scott.01-05-04.pdf
❑ Bosak-Barani.09-11-14.1.pdf
❑ buhs.raymond.04-15-14.1.1df
❑ chilton.seymour.05-08-14.1.1df
❑ kaverman.don.10-14-14.pdf
❑ koetting.patrick.08-11-14. 1.pdf
❑ presson.daniel.04-03-14.1.1df
❑ Reutzel.forest.06-15-14. 1.pdf
❑ Ruester.John. 10-06-14.pdf
❑ seesing.mark.07-21-14.1.pdf
❑ skinner.bruce.05-14-14.1.1)df
❑ white.walter.03-11-14.1.1)df
P&Z Commission roster
P&Z roster attendance
Board App - Bertrand, Tree
Board App - McClanahan, Scott
Board App - Bosak-Barani, Timothy
Board App - Buhs, Ray
Board App - Chilton, Seymour
Board App - Kaverman, Don
Board App - Koetting, Patrick
Board App - Presson, Daniel
Board App - Reutzel, Forest
Board App - Ruester, John
Board App - Seesing, Mark
Board App - Skinner, Bruce
Board App - White, Walter
CITY OF CAPE GIRARDEAU, MISSOURI
Roster of Advisory Boards and Committees
September 22, 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.
Scott McClanahan
Trae Bertrand
Ralph Maxton
Randy Kluge
Douglas B. Spooler
Larry Dowdy
Bill Hinckley
Jeff Glenn
Thomas Welch
Planning and Zoning Commission
Date Appointed
January 20, 2004
November 20, 2006
March 21, 2005
October 17, 2011
April 15, 2013
October, 15, 2012
December 6, 2004
March 18, 2013 ---
October 21, 2010
Date Reappointed
10/23/06; 10/18/10
10/18/10
10/23/06; 10/18/10
10/20/08; 10/15/12
8/4/14
10/21/13
Term Expires
November 1, 2014
November 1, 2014
November 1, 2014
November 1, 2015
November 1, 2015
November 1, 2016
November 1, 2016
November 1, 2016
November 1, 2017
Serve four year terms, appointed by Council. Meetings held second Wednesday at 7:00 p.m. in Council Chambers.
Commission reviews and recommends actions on zoning changes and land subdivision and plans for the city. Board considers
requests for variances from the Development Code provisions. Staff contact — Ryan Shrimplin, City Planner, 339-6327.
PLANNING AND ZONING ADVISORY COMMISSION
Attendance Record
Ordinance effective 4/13/00
P = present, A = absent
Gayle L. Conrad, CMC/MRCC,
Staff: Director of Citizen Services/City
Agenda: Clerk
10/20/2014
SUBJECT
Appointment of one member to the River Campus Board of Managers for a term expiring December 1, 2017.
EXECUTIVE SUMMARY
Two positions on the River Campus Board of Managers will expire on December 1, 2014. These positions are
currently held by Ron Rosati and Jerry Ford. The Board of Regents of Southeast Missouri State University will
appoint one person to fill the position currently held by Mr. Rosati, and the City Council must appoint one
person to fill the position currently held by Mr. Ford.
BACKGROUND/DISCUSSION
Mr. Ford has expressed an interest in being reappointed to the Board, and a copy of his advisory board summary
sheet is attached. The River Campus Board of Managers is not subject to the code requirements relating to term
limits or board attendance. Attached is a copy of the roster for the Board. The following individuals have also
submitted an Advisory Board application:
. William Isbell
. Donald Jung
• Victoria Rust
. John Ruester
• Mark Seesing
STAFF RECOMMENDATION
It is recommended that one appointment be made to the River Campus Board of Managers for a term expiring
December 1, 2017.
ATTACHMENTS:
Name:
❑ RiverCampus.roster.doc
❑ ford.nrrv. 10-30-08.Idf
❑ isbell.william.12-19-13.1.1)df
❑ Jung. Donald. 10-06-14.pdf
❑ Ruester.John.10-06-14.pdf
❑ rust.vidoria.10-15-14.1.pdf
❑ seesing.mark.07-21-14.1.pdf
Description:
River Campus Board Roster
Board App - Ford, Jerry
Board App - Isbell, William
Board App - Jung, Donald
Board App - Ruester, John
Board App - Rust, Victoria
Board App - Seesing, Mark
CITY OF CAPE GIRARDEAU, MISSOURI
Roster of Advisory Boards and Committees
September 22, 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.
The following advisory boards are not subject to code requirements
Mating to term limits and board attendance.
River Campus Board ofManazers
Date Appointed
Appointed By
Term Expires
Ron Rosati
10/21/11
Board of Regents
December 1, 2014
Jerry Ford
8/16/99; 11/18/02; 11/21/05
City Council
December 1, 2014
11/17/08; 11/7/11
Rhonda Weller -Stilson
10/21/11
Board of Regents
December 1, 2015
Ruth Knote, Chairman
8/16/99; 11/20/00; 11/17/03
City Council
December 1, 2015
11/20/06; 11/16/09; 11/19/12
William Holland
02/13; 11/13
Board of Regents
December 1, 2016
Dennis Vollink
8/16/99; 12/3/01; 12/6/04
City Council
December 1, 2016
11/19/07; 12/6/10; 11/4/13
Gayle L. Conrad, CMC/MRCC,
Staff: Director of Citizen Services/City
Agenda: Clerk
10/20/2014
SUBJECT
Appointment of one member to the Show Me Center Board of Managers for a term expiring December 1, 2017.
EXECUTIVE SUMMARY
Two positions on the Show Me Center Board of Managers will expire on December 1, 2014. These positions
are currently held by Luke Landgraf and Mike Buck. The Board of Regents of Southeast Missouri State
University will appoint one person to fill the position currently held by Mr. Buck, and the City Council must
appoint one person to fill the position currently held by Mr. Landgraf.
BACKGROUND/DISCUSSION
Mr. Landgraf wishes to be reappointed to the Board. The Show Me Center Board of Managers is not subject to
the code requirements relating to term limits or board attendance. Attached is a copy of the roster for the Board.
Mr. Don Kaverman has also expressed interest in serving on the Board, and his application is attached.
STAFF RECOMMENDATION
It is recommended that one appointment be made to the Show Me Center Board of Managers for a term
expiring December 1, 2017.
ATTACHMENTS:
Name:
❑ Show McBoard. roster.doc
❑ landgraf.luke.11-03-08.pdf
❑ kaverman.don.10-14-14.doc
Description:
Show Me Center Board Roster
Board App - Langraf Luke
Board App - Kaverman, Don
CITY OF CAPE GIRARDEAU, MISSOURI
Roster of Advisory Boards and Committees
September 22, 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.
The following advisory boards are not subject to code requirements
Mating to term limits and board attendance.
Show Me Center University/City Multi -Use Center Board of Managers
Serve three year terms, three appointed by Council, three by SEMO University Board of Regents. Meet first Wednesday, every
other month. Board supervises use of Show Me Center facilities. Staff contact — Scott Meyer, City Manager, 339-6320.
Date Appointed
Appointed By
Term Expires
Luke Landgraf
11/15/99; 11/4/02; 11/21/05
City Council
December 1, 2014
11/17/08; 11/7/11
Mike Buck
---
Board of Regents
December 1, 2014
Cordell Dombrowski
11/17/04; 11/20/06; 11/16/09City Council
December 1, 2015
11/19/12
Dr. Beth Easter
December 1, 2003
Board of Regents
December 1, 2015
Scott A. Meyer
7/6/09; 12/6/10; 11/4/13
City Council
December 1, 2016
Kathy Mangels
1/1/06; 1/1/07; 11/13
Board of Regents
December 1, 2016
Serve three year terms, three appointed by Council, three by SEMO University Board of Regents. Meet first Wednesday, every
other month. Board supervises use of Show Me Center facilities. Staff contact — Scott Meyer, City Manager, 339-6320.
Southeast Metropolitan Planning Organization
Date Appointed
Mayor, alt. Mayor Pro -Tem (Cape) October 15, 2012
City Mgr, alt. Asst CM-Dev (Cape) October 15, 2012
Barb Lohr (Jackson) October, 2012
Jim Roach (Jackson) October, 2012
Tom Mogelnicki (Transit)
Chauncy Buchheit (Semo Regional Planning)
Paul Koeper (Cape Girardeau County)
Ex -Officio (non-voting):
Doug Richards (Transit)
Mark Phillips (Cape Girardeau County)
Al Blumenberg (Village of East Cape Girardeau)
Mike Caldwell (County of Alexander)
Jamie Burger (County of Scott)
Dan Overbey (Semo Port Authority)
Steve Duke (Bootheel Regional Planning Comm)
Mark Shelton (Missouri Dept of Transportation)
Omer Osman (Illinois Dept of Transportation)
Mike Latuszek (Federal Hwy Admin -Mo Division)
Betsy Tracy (Federal Hwy Admin -Il Division)
Sheila Clements (Federal Transit Admin -Region 5)
Joan "Joni" Roeseler (Federal Transit Admin -Region 7)
Date Re Appointed
Term Expires
November 1, 2014
November 1, 2014
November 1, 2014
November 1, 2014
November 1, 2014
November 1, 2014
November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
Members serve two year terms. Transit representative will be alternately appointed by Semo University and Cape Transit
Authority every two years. Cape County representative will be alternately appointed by County Commission and Cape Special
Road District every two years. Each elected representative or board representative shall name one elected or appointed official
as an alternate who may exercise full members powers during their absence. The alternate's term shall also correspond with the
primary representative's term.
TIF Commission
Members appointed by city serve four year term, appointed by Mayor with consent of City Council. Two members appointed by
school district, one member appointed by other taxing districts, two members appointed by County, term ending upon final
approval of the redevelopment project. RSMo. 99.820. Meetings called by Chairman as needed. Staff contact -City Planner,
339-6326.
Town Plaza Community Improvement District
Date Appointed
Date Reappointed
Term Expires
Vacant (Ritter) (city)
---
---
April 1, 2016
Jay Knudtson (city)
April 2, 2012
---
April 1, 2016
Danny Essner (city)
April 1, 2002
4/5/05; 4/6/09; 03/18/13
April 1, 2017
Albert M. Spradling lII (city)
April 1, 2002
4/5/05; 4/6/09; 03/18/13
April 1, 2017
John Mehner (city)
April 1, 2002
3/20/06; 4/5/10
April 1, 2018
J. Ronald Fischer (city)
April 7, 2005
3/20/06; 4/5/10
April 1, 2018
Misty Clifton (school district)
to end of project
(school district)
to end of project
(other districts)
to end of project
(county)
to end of project
(county)
to end of project
Members appointed by city serve four year term, appointed by Mayor with consent of City Council. Two members appointed by
school district, one member appointed by other taxing districts, two members appointed by County, term ending upon final
approval of the redevelopment project. RSMo. 99.820. Meetings called by Chairman as needed. Staff contact -City Planner,
339-6326.
Town Plaza Community Improvement District
Members appointed by city serve four year terms, appointed by Mayor with consent of City Council. Board of Directors shall
be composed of 5 members who will represent the Town Plaza, Inc. in each one's capacity as an owner of real property within
the proposed District or operator of a business operating within the proposed District.
Date Appointed
Date Reappointed
Term Expires
Scott Campbell
April 2, 2007
3/21/11;3/17/14
April 2, 2015
Dan Barnard, President
April 2, 2007
4/4/11;3/17/14
April 2, 2015
Howard Newsome
February 19, 2013
02/19/13
April 2, 2017
Bill Zellmer, Secretary
April 2, 2007
1/20/09; 02/19/13
April 2, 2017
Sharon Sommer
April 5, 2010
02/19/13
April 2, 2017
Members appointed by city serve four year terms, appointed by Mayor with consent of City Council. Board of Directors shall
be composed of 5 members who will represent the Town Plaza, Inc. in each one's capacity as an owner of real property within
the proposed District or operator of a business operating within the proposed District.
Gayle L. Conrad, CMC/MRCC,
Staff: Director of Citizen Services/City
Agenda: Clerk
10/20/2014
SUBJECT
Appointments to the Southeast Metropolitan Planning Organization (SEMPO) Board of Directors for terms
expiring November 12, 2016.
EXECUTIVE SUMMARY
On October 8, 2012 the City Council approved the Memorandum of Understanding between Participating
Jurisdictions for the Southeast Metropolitan Planning Organization. The MOU stated there would be 2 votes
from the City of Cape Girardeau, 2 votes from the City of Jackson, 1 vote for Transit, 1 vote for SEMO
Regional Planning Commission, 1 vote for Cape Girardeau County, and several Ex -Officio Members. Terms of
the appointments were as follows:
. Appointment to the Board of Directors shall be made by the respective governing bodies of each
participating jurisdiction.
. The voting members of the Board of Directors shall serve two year terms.
. Terms will begin November 1, 2012.
. Each board representative shall name one elected or appointed official as an alternate, who may exercise
full member powers during their absence. The alternate's term shall also correspond with the primary
representative's term.
BACKGROUND/DISCUSSION
The current roster for the SEMPO Board is attached. In 2012, the City Council appointed the Mayor and City
Manager as the City representatives, with designated alternates of the Mayor Pro -Tempore and Assistant City
Manager -Development Services respectively.
GENERAL DIRECTION
Unless directed otherwise, two appointments to the SEMPO Board of Directors for terms expiring November 1,
2016, will appear on your next agenda for consideration.
ATTACHMENTS:
Name:
❑ Advisory Board_ Roster_ 10-06.-14.doc
Description:
SEMPO Board Roster
CITY OF CAPE GIRARDEAU, MISSOURI
Roster of Advisory Boards and Committees
October 6, 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.
Southeast Metropolitan Planninz Orzanization
Date Appointed Date Re Appointed
Mayor, alt. Mayor Pro -Tem (Cape) October 15, 2012 ---
City Mgr, alt. Asst CM-Dev (Cape) October 15, 2012 ---
Barb Lohr (Jackson) October, 2012 ---
Jim Roach (Jackson) October, 2012 ---
Tom Mogelnicki (Transit) ---
Chauncy Buchheit (Semo Regional Planning) ---
Paul Koeper (Cape Girardeau County) ---
Ex-Officio (non-voting):
Doug Richards (Transit)
Mark Phillips (Cape Girardeau County)
Al Blumenberg (Village of East Cape Girardeau)
Mike Caldwell (County of Alexander)
Jamie Burger (County of Scott)
Dan Overbey (Semo Port Authority)
Steve Duke (Bootheel Regional Planning Comm)
Mark Shelton (Missouri Dept of Transportation)
Omer Osman (Illinois Dept of Transportation)
Mike Latuszek (Federal Hwy Admin -Mo Division)
Betsy Tracy (Federal Hwy Admin -Il Division)
Sheila Clements (Federal Transit Admin -Region 5)
Joan "Joni" Roeseler (Federal Transit Admin -Region 7)
Term Expires
November 1, 2014
November 1, 2014
November 1, 2014
November 1, 2014
November 1, 2014
November 1, 2014
November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
--- November 1, 2014
Members serve two year terms. Transit representative will be alternately appointed by Semo University and Cape Transit
Authority every two years. Cape County representative will be alternately appointed by County Commission and Cape Special
Road District every two years. Each elected representative or board representative shall name one elected or appointed official
as an alternate who may exercise full members powers during their absence. The alternate's term shall also correspond with the
primary representative's term.
91 111 Z19,1011101FRIPIKY41fivilwl
September 09, 2014
Special Meeting
Sandy's Place Restaurant
Members Present: Justin Albright, Craig Bohnsack, Robert Cork, Brad Golden, Brian Ozark,
Jason Trickey, Bill Tucker, Mark Welker
Others Present: Bruce Loy, Airport Manager; Derrick Irwin, Flight Line Supervisor;
Katrina Amos, Project Specialist
I. MINUTES OF PREVIOUS MEETING:
The meeting was called to order at 11:30am. Mr. Tucker moved and Mr. Trickey seconded
the motion to approve the August 21, 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 traffic count was down
for the month as well as the year to date total. There was no clear explanation for the
decrease in traffic.
B. Cape Aviation Report — Mr. Irwin presented the Cape Aviation Fuel Report for the
month. Fuel sales were steady and prices are competitive in comparison to other airports.
Mr. Irwin reported that they also handled freight being shipped from Mexico to
Michigan.
C. Project Updates —
• Hangar/Lease Updates — Mr. Loy informed the Board that the rest of the old Air
Evac T -hangar leases have been sent out for signatures and he hopes to have them
on the City Council's agenda in October.
• Commander Hangar Update- Mr. Loy informed the board that a brochure for the
old Commander hangar has been completed by the Chamber of Commerce and he
emailed a copy to the light sport aircraft show in Mt. Vernon, IL. Mr. Loy
reported that City management is in favor of utilizing the building as lease space
for storing aircraft. It was suggested to offer one (1) year leases with a ninety (90)
day notice, rent free, should the hangar be sold. Discussion continued on the
topic.
• Removal and Repainting of Centerline Striping and Hold Bar — Mr. Loy
reported that the centerline project had a slow start, mostly because G.W. Gilmore
has two (2) projects going on at once; they agreed to work the weekend to get
caught up. Mistakes have been made that need to be corrected but progress is
being made. Mr. Loy noted they still have a lot to complete and the deadline is
fast approaching. Liquidated damages will be assessed if the project is not
completed in time.
• Snow Removal Equipment — Mr. Loy updated the Board on the status of the
snow removal equipment bid. There are issues with the low bidder, Luby
Equipment, and their `Buy American" calculations. The calculations that were
submitted could not be verified. Mr. Loy contacted MoDOT and the FAA for
guidance as well as the City attorney. It was determined that the bid is considered
non-responsive because they were unable to provide the supporting documentation
to meet `Buy American" requirement. Mr. Loy is consulting with MoDOT and
CMT to determine if the equipment should be re -bid. Discussion continued on the
topic.
• T -Hangar Construction Update — Mr. Loy updated the Board on the ponding
issues with the new T -Hangars. Zoellner Construction installed rip rap with 5-6"
rock near the drainage areas to solve the erosion concerns. They also grinded the
ramp in front of T -hangar #14 to help with drainage issues. A steady rainfall will
determine if the grinding alleviated the ponding. Public Works scoped the pipes
and it was discovered the pipes were broken in the bean field north of Cape
Copters T -hangar.
D. Agricultural Issues — Mr. Loy informed the Board that the airport agricultural lease is
near the end of its term and will be re -bid soon. Mr. Loy discovered the airport will not
lose any farming acreage due to FAA requirements. He will also address the issue rice
crops and flooding fields in the new lease.
IV. NEW BUSINESS
A. Planned Pilot's Meeting Regarding Rice Farming — Mr. Loy informed the Board
that he has scheduled a meeting for pilots to discuss the current and proposed rice
farms near the airport. He has invited representatives from MoDOT, FAA, USDA,
as well as state and local officials to attend this meeting.
V. NON -AGENDA ITEMS
A. Restaurant Patio — Mr. Albright asked for an update on the restaurant patio. Currently
there are not funds available for this project Mr. Cork suggested soliciting sponsorships
for this project Mr. Loy stated he would look into this.
B. Restaurant Carpet — Mr. Loy reported that a Notice to Bid for the restaurant carpet went
in the paper today.
C. Airport Board Meeting Time Change — There has been suggestions for the Airport Board
to move its meetings to lunch meetings instead of evening meetings. With this change,
airport staff will no longer be required to work overtime. As a result of those savings, the
City would be able to provide lunch.
Mr. Bohnsack moved and Mr. Albright seconded the motion to change the Airport Board
meetings from 5:00pm to 11:30am on the second Tuesday of every month. The motion
passed with a unanimous vote.
There being no other business, Mr. Bohnsack moved to adjourn the meeting and Mr. Ozark seconded the
motion. The meeting was adjourned at 12:30pm.
Minutes prepared by,
Katrina Amos
Project Specialist
CITY Of CAPE GIRARDEAU
DEVELOPMENT SERVICES
COMPREHENSIVE PLAN OVERSIGHT COMMITTEE
MEETING MINUTES
#0 July 18, 2014
City Hall, Development Services Conference Room
Members Present: Tim Arbeiter, Wayne Bowen, Scott McClanahan, Marla Mills
Members Absent: Trae Bertrand, William Hinckley, Shelly Moore
Staff Present: Jennifer Criblez, Molly Hood, Ryan Shrimplin, Julia Thompson
Mr. Shrimplin called the meeting to order at 8:30 a.m.
Approval of Minutes
The minutes of the February 21, 2014 meeting were unanimously approved upon motion made
by Mr. Arbeiter and seconded by Mr. McClanahan.
SEMPO Update
Mr. Shrimplin announced that a significant amount of work has been done since the last update.
He reported that the SEMPO Board of Directors adopted the FY 2015 Unified Planning Work
Program (UPWP), the Title VI Program, and the Public Participation Plan, in addition to
developing a prioritized list of projects for the proposed statewide transportation sales tax.
Starting in August, SEMPO's efforts will shift to developing the Metropolitan Transportation Plan
(MTP) and the Transportation Improvement Program (TIP), both of which must be completed by
spring of 2016.
Neighborhood Development Initiative (NDI) Update
Mrs. Criblez reported that she will be presenting an overview of the Neighborhood Development
Initiative to the City Council on July 21, 2014. She noted that she researched other communities
and reached out to community organizations and Council Members Moore and Uzoaru in order
to refine the presentation. The Steering Committee intends to kick off the program on October 1,
2014.
Ms. Hood stressed the importance of getting neighborhoods engaged, and stated that
neighborhood participation will be critical. She explained that the program will focus on the two
charter neighborhoods at this time. She noted that expectations will need to be managed. Staff
has discussed holding a joint press release to cover both NDI and the Street Crimes Task
Force, to be held following the Council meeting.
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Comprehensive Plan Oversight Committee
Meeting Minutes
July 18, 2014
Page 2
Ms. Thompson gave an update on beautification projects and the potential for neighborhood
involvement with the Keep Cape Beautiful program. She identified entry point beautification,
accelerated tree planting, sidewalk/trails program, Capaha Park shelter and playground, and
Sloan Creek crossing as potential ties to neighborhood development.
Mr. Arbeiter suggested speaking to the Cape Girardeau County Public Health Center as they
are establishing a community garden program and grant.
Comprehensive Plan Goals and Objectives
Mr. Shrimplin handed out an updated implementation schedule for review and discussion. Ms.
Hood discussed the General Plan adopted by the Town of Paradise Valley, Arizona, where she
previously worked. She stated that the General Plan contains vision statements that were
prepared by a visioning committee, and is a practical tool that is used by the Town on a daily
basis. She recommended using a similar format for the next update to Cape Girardeau's
Comprehensive Plan.
The group discussed items that should be included in the next update. Ms. Thompson
suggested including the City's parks and recreation plans, and noted that an update to the
Parks and Recreation Master Plan is scheduled to kick off in the fall. Mr. Bowen added that the
update should address the Transportation Trust Fund (TTF) program. Mrs. Mills pointed out
that the Downtown Strategic Plan is also in need of an update. Mr. Arbeiter stated that the
update documents need to be more specific in nature than the current plans.
Other Business
Mr. Arbeiter provided an update on the Cape Girardeau Area Chamber of Commerce.
Public Comments
There were no public comments.
Adjournment
There being no further business, the meeting was adjourned at 9:45 a.m. upon motion made by
Mr. Bowen and seconded by Mr. McClanahan.
Respectfully submitted,
Ryan Shrimplin
City Planner
CITY CAPE GIRARDEAU
PARKS & RECREATION DEPARTMENT
FACILITY FEASIBILITY AND ECONOMIC IMPACT STUDY COMMITTEE
Wednesday, October 1, 2014
Osage Centre
8:30 AM
COMMITTEE MEMBERS:
Craig Billmeyer Kathy Bertrand Diane Drury Danny Essner
Randy Kluge Mark Lanzotti Joel Neikirk
1. Refreshments & Welcome —Julia Thompson
2. New Business
A. Conference call with PDS — 8:45 a.m.
i. Discussion on Multi -Facility Study
B. Conference call with HVS — 9:30 a.m.
i. Discussion on Hotel/Conference Center Study
3. Other Business
4. Next Meeting
5. Adjournment
CITY of CAPE GIRARDEAU
DEVELOPMENT SERVICES - TRANSPORTATION TRUST FUND
TRANSPORTATION TRUST FUND 5 SUBCOMMITTEE
MEETING NOTES
September 29, 2014
City Hall — Development Services Conference Room
Subcommittee Members Present:
Mr. Charles Haubold
Mr. Scott McClanahan
Staff Present:
Mrs. Casey Brunke, City Engineer
Mrs. Jennifer Criblez, Planner I
Ms. Molly Hood, Assistant City Manager — Development Services
Mr. Ryan Shrimplin, City Planner
Call to Order
Chairman McClanahan called the meeting to order at 7:00 a.m.
The notes from the previous meeting stood approved as submitted.
Discussion of Projects for TTF 5 Proposed Project List
P 00
The group continued with scoring projects on the additional projects list. It was decided that the
West End Boulevard — New Madrid Street to Bertling Street project should include
improvements to the intersection of West End and Bertling. It was also decided that the Bertling
Street — Perryville Road to Sprigg Street project should be divided into two phases, with the first
phase being Perryville to West End. This project should come after the West End Boulevard —
New Madrid Street to Bertling Street project since the latter is to include the intersection.
The group discussed the scope of work for the South Sprigg Street — Rubblizing & Overlay
project. It was decided that this project should also be divided into phases. The first phase
should be William Street to Broadway. The second phase should be Shawnee Parkway/MO-74
to William Street. The third phase should be Broadway to Towers Circle Oust north of Olive
Street). As part of the project, sidewalks and street crossings will need to be reconstructed to
meet ADA standards. Additional turn lanes were also discussed, such as a right turn lane on
Sprigg at William in front of Save -a -Lot, and a center turn lane on Sprigg from William to
Broadway.
Mrs. Brunke stated that the description for the Intersection Traffic Signals project needs to be
revised. She will provide the revised language in time for the next meeting. The Subcommittee
asked staff to provide a list of recommended intersections to receive traffic signals.
The group also continued discussion on the Broadview Street/Kiwanis Drive/Maria Louise Lane
Intersection project as well as the Kingshighway/Kiwanis Drive/Cape Rock Drive Intersection
project. Mrs. Brunke agreed to contact the SEMO District Fair Board to discuss possible
reconfiguration of Kiwanis Drive as part of these projects.
SO
Other Business
City of Cape Girardeau
TTF 5 Subcommittee
Meeting Notes
September 29, 2014
Page 2 of 2
The next meeting was scheduled for October 13, 2014 at 7:00 a.m. in the Development
Services Conference Room at City Hall.
Adjournment
There being no further business, the meeting was adjourned at 8:30 a.m.
Respectfully submitted,
Ryan Shrimplin