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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. 91 all 010NK41411IILIID1►11kr6[417► 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;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 E hereunder and be actually engaged in or working at their construction trade at the time of their appointment. These four (4) regular members of the board must include not more than one (1) of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumber fixture installer. (3) Three (3) members of the board shall all be licensed pursuant to this article as either a plumber, a mechanical installer, an electrician, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in or working at their trade at the time of their appointment. (4) One (1) of the eight (8) members of the board need not be a licensed practitioner of one (1) of the construction trades. (5) Up to two (2) of the eight (8) members of the board of examiners may be residents of Cape Girardeau County, as long as they hold a valid construction trades license under the terms of this chapter. The remaining members must be residents of the city. (c) Officers. The board of examiners shall meet annually during the month of January to elect officers. (d) Meetings. The board of examiners shall meet regularly at least once each calendar month for the purpose of examining all applicants who have requested licenses pursuant to this article. The action of a simple majority of the members will suffice to render a decision. The board shall report to the council who has been tested, the results of the tests, and the reasons for denial of any license. 3 (e) Duties. It shall be the duty of the board of examiners to examine the qualifications of all applicants for a plumber's license, mechanical installer's license, master drainlayer's license and electrician's license, as to their knowledge of and ability to perform the duties and services of the trade for which the application is made. The results of such examination shall be certified to the city clerk, where the certified results will become a permanent record. As a result of the aforesaid examination, the board of examiners may, when satisfied as to the competency and ability of the applicants for plumber's, mechanical installer's, master drainlayer's and electrician's licenses, authorize the city clerk to issue a plumber's, mechanical installer's, master drainlayer's or electrician's license to the applicant. The board shall commission the administration of tests as required herein to a nationally recognized testing agency using a nationally recognized test or the equivalent. The board shall also serve to advise the city council and city staff as to any recommendations they deem appropriate with regard to the licensing of various trades in the City of Cape Girardeau, Missouri. The City Clerk of Cape Girardeau is hereby authorized to act on behalf of the board of examiners in issuance of licenses for construction contractors and plumbing fixture installers. is hereby repealed in its entirety, and a new Section 15-426, entitled, "Processing of Applications," is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 15-426. - Processing of applications. (a) Duty of City Manager. It shall be the duty of the City Manager to examine the qualifications of all applicants for a plumber's license, mechanical installer's license, master drainlayer's license and electrician's license, as to their knowledge of and V. ability to perform the duties and services of the trade for which the application is made. The results of such examination shall be certified to the City Clerk, where the certified results will become a permanent record. As a result of the aforesaid examination, the City Manager may, when satisfied as to the competency and ability of the applicants for plumber's, mechanical installer's, master drainlayer's and electrician's licenses, authorize the City Clerk to issue a plumber's, mechanical installer's, master drainlayer's or electrician's license to the applicant. The City Manager shall commission the administration of tests as required herein to a nationally recognized testing agency using a nationally recognized test or the equivalent. The City Manager shall also serve to advise the City Council and City Staff as to any recommendations they deem appropriate with regard to the licensing of various trades in the City of Cape Girardeau, Missouri. (b) Duty of City Clerk. The City Clerk of Cape Girardeau is hereby authorized to act on behalf of the City Manager in issuance of licenses for construction contractors and plumbing fixture installers. (c) Appeals. Any applicant aggrieved by a decision of the City Manager may appeal that decision within 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. 5 (a) License required. Any person who engages in or performs work on installing or altering plumbing facilities in a building or structure, or for any building or structure or who engages in or performs the work of installing the sanitary or building storm sewer, or any work concerning the installation of sanitary or storm trunk, main and lateral sewers on public property, recorded easements or on private property, when such work is required to be done in accordance with the ICC International Plumbing Code, shall be a licensed master or journeyman plumber, or shall be working under the direct supervision of a licensed plumber, or shall be a registered apprentice, except as otherwise provided in this Code. Any person who engages in or works at the installation of the sanitary or storm building sewer, starting five (5) feet beyond the building foundation wall, (end of building drain) or any work concerning the installation of sanitary or storm, trunk, main and lateral sewers, on public property, recorded easements, or on private property when such work is required to be done in conformance with the ICC International Plumbing Code, shall be a master drainlayer, or shall be working under the direct supervision of a master drainlayer, a journeyman plumber or a master plumber, or shall be a registered apprentice, except as otherwise provided in this Code. Any person who engages in or works at the installation, extension, alteration or repair of any heating or cooling appliances, gas piping, related duct and venting requirements in connection with the appropriate service on consumers premises within the city, where such work is required to be done in conformity with the ICC International Mechanical Code and ICC International Fuel Code, shall be a licensed mechanical installer, or shall be working under the direct supervision of a licensed mechanical installer, or shall be a registered apprentice, except as otherwise provided in this Code. R Any person who engages in or works at installing or repairing of electrical wiring, fixtures or other appurtenances, whenever such work is required to be done in conformance with the National Electrical Code, shall be a licensed electrician, or shall be working under the direct supervision of a licensed electrician, or shall be a registered apprentice, except as otherwise provided in this Code. Any person who engages in or works at building, constructing or renovating any buildings or structures within the City of Cape Girardeau, when such work is required to be done in conformance with the ICC International Building Code, shall be a licensed construction contractor or shall be working under the direct supervision of a licensed construction contractor, except as otherwise provided in this Code. Any person who engages in or works at the installation of water conditions or water treatment equipment, spas, swimming pools, dish washers, ice makers, lawn sprinkler systems and other limited plumbing efforts that involve tapping into a present water system without extending or altering the system other than installing additional equipment shall be a licensed plumbing fixture installer, or shall be working under the direct supervision of a licensed plumbing fixture installer, or shall be a registered apprentice, except as otherwise provided in this Code. Any qualified and licensed technician when performing work under a permit as per the ICC International Codes may install in a very limited and necessary manner, related piping, electrical wiring, duct work, and other hardware to make the equipment installation complete and useable. (b) Classifications requiring license. Classifications of building trades construction licenses for which the board of examiners shall examine qualifications are: (1) Master plumber. 7 (2) Journeyman plumber. (3) Mechanical installer. (4) Master drainlayer. (5) Master electrician. (6) Journeyman electrician. (7) Residential electrician. (8) Electrical maintenance. (9) Sign contractor, electrician. (10) Construction contractor. (11) Plumbing fixture installer. (c) Qualifications. (1) Master plumber. The applicant for a master plumber's license shall have at least one (1) year experience as a licensed journeyman plumber or in lieu thereof, possess such experience or training as is the equivalent thereto. Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of plumbing systems, house drainage and structure ventilation; or b. The satisfactory completion of a two (2) year course in practical plumbing, structure drainage and structure ventilation at a recognized trade or technical school, and four (4) years 0 experience in the design, planning and installation of plumbing systems, structure drainage and structure ventilation. The applicant shall also possess the ability to direct other persons in the performance of plumbing work, and shall be skilled in planning, designing and installing plumbing fixtures and facilities. (2) Journeyman plumber. The applicant for a journeyman plumber's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license. The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (3) Mechanical installer. The applicant for a mechanical installer shall have four (4) years practical experience working in the trade for which the applicant is applying for a license. The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (4) Master drainlayers. The applicant for a master drainlayer's license shall have at least three (3) years of practical experience working 7 in the trade for which the applicant is applying for a license. The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire three (3) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (5) Master electrician. The applicant for a master electrician's license shall have one (1) year experience as a licensed journeyman electrician or in lieu thereof, possess such experience or training as is the equivalent thereto. Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of electrical systems; or, b. The satisfactory completion of a two (2) year course in practical electrical installation at a recognized trade or technical school, and four (4) years experience in the design, planning and installation of electrical systems. The applicant shall also possess the ability to direct other persons in the performance of electrical work, and shall be skilled in planning, designing and installing electrical fixtures and facilities. (6) Journeyman electrician. The applicant for a journeyman electrician's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying 10 for a license. The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (7) Residential electrician. The applicant for a residential electrician's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license. The board of examiners may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the board of examiners may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. Those who qualify can perform electrical work in single-family, duplex and tri-plex residential structures only. The term "residential structures" shall not include dormitories. (8) Electrical maintenance. The applicant for electrical maintenance licenses shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license. Any maintenance shall be limited to the repair of existing branch circuits, fixtures, apparatus or equipment and the relocation of existing branch circuits and the switching or de - energizing of the same for safety purposes on premises or buildings owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance electrician is permanently employed. This position cannot 11 install, alter or replace service equipment or any feeder to the service equipment. (9) Sign contractor, electrician. The applicant for the sign contractor, electrician license shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license. Those who qualify may install, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs, and are qualified to erect signs. (10) Construction contractor and plumbing fixture installer. Applicants for the construction contractor and plumbing fixture installers licenses need have no practical experience nor are they subject to any examination by the board of examiners as to their competence and ability, but instead shall be issued their license upon application to the city clerk. (11) Apprentice. An "apprentice" as that term is used in this Code means a person undergoing training or instruction in any of the trades and who has registered with the board of examiners as an apprentice setting forth in such requirement his name, age and address, trade identification, employer's name and address. Apprentices must have apprentice cards while working on a jobsite requiring permits. The apprentice shall be responsible to keep all information in these records complete, up-to-date, and accurate. An annual registration fee of fifteen dollars ($15.00), renewable July 1 of each year, shall be assessed. (d) Fees. The annual fee for a building trades license issued hereunder shall be thirty-five dollars ($35.00) for each of the construction trades licenses. 12 (e) Expiration and renewal. A license issued by the board or the city clerk shall expire on April first of the year following the year in which it is issued and may be renewed upon payment of the annual fee in the amount provided in the section above. Expired licenses may be renewed within thirty (30) days after they expire upon the payment of the penalty of ten dollars ($10.00). A penalty of twenty dollars ($20.00) shall apply upon expiration of thirty-one (31) to sixty (60) days and a penalty of thirty dollars ($30.00) shall apply upon expiration of 61 to 90 days. A licensee whose license has expired longer than ninety (90) days shall be reexamined in the same manner as the required initial examination under this Code. (f) Revocation, suspension. The board of examiners may suspend the license of any person who is convicted in the Municipal Court of Cape Girardeau, Missouri, of violating any provision of the Cape Girardeau Construction Codes. The suspension shall be for a period of up to ninety (90) days. The board of examiners may revoke any license obtained through nondisclosure, misstatement or misrepresentation of a material fact. Further, the board may revoke the license of any person who shall have been convicted for the second or subsequent offense of any violation of the Cape Girardeau Construction Codes. Such revocations shall be for a period of one (1) year. Before a license may be suspended or revoked, the licensee shall have notice in writing enumerating the charges against him and be entitled to a hearing by the board of examiners not sooner than five (5) days from their receipt of the notice. The licensee shall be given an opportunity to present testimony, oral or written, and shall have the right of cross- examination. All testimony shall be given under oath. The board shall have the power to administer oaths, issue subpoenas and compel the attendance of witnesses. The decision of the board shall be based 13 upon the evidence produced at the hearing and made a part of the record thereof. A person whose license has been revoked shall not be permitted to apply for a new license within one (1) year of the date of revocation and at the time of the application for a new license shall be required to be examined as though being licensed for the first time. (g) Examination and registration. Any person desiring to engage in business as a master plumber, journeyman plumber, master drainlayer, mechanical installer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, shall make written application to the board of examiners for a license. The application shall be made on forms available at the office of inspection services. The applicant shall appear at the next regularly scheduled meeting of the board so as to establish the applicant's compliance with the experience requirements of this article. Applicants for master plumber, journeyman plumber, mechanical installer, master drainlayer, master electrician, journeyman electrician, residential electrician, electrical maintenance, or sign contractor electrician, licenses shall undergo such examination as the board shall direct so as to establish the competency and qualifications of the applicant. The board may, at its option, designate an independent third party for the preparation and supervision of the testing required herein. All examinations given by the board of examiners or its designee shall be standardized in nature and shall test the qualifications of the applicant as to his or her ability to perform as required by the construction codes of the city. Such examinations may be in written form or may be a field practicum. Such test shall include an open book segment on the pertinent construction code. An examination fee equivalent to the cost of administering the examination will be remitted from the applicant for each and every test taken. 14 Applications for a construction contractor, plumbing fixture installer, or apprentice license shall be made on forms available at the office of building inspector. (1) Examination for a master plumber's license. The examination for a master plumber's license shall be a written examination of the applicant's ability, experience and skill in the aspects of practical plumbing/management skills as may be necessary to meet the qualifications required for master plumbers. (2) Examination for journeyman plumber's license. The examination for a journeyman plumber's license shall be a written examination of the applicant's ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of plumbing and drainage systems or parts thereof generally. (3) Examination for master drainlayer's license. The examination for a master drainlayer's license shall be a written examination of the applicant's ability, experience and skill in the installation of house sewers and sewer lines beyond a point five (5) feet outside a building, and the planning, designing, direction, supervision and installation of public and private sewers and storm drains. (4) Examination for mechanical installer. The examination for a mechanical installer shall be a written examination of the applicant's ability, experience and skill in the installation, alteration, repair, dismantling and maintenance of gas service or appliances and all related mechanical equipment including duct and venting apparatus or parts generally thereof. (5) Examination for electrician's license. The examination for any electrician's license shall be a written examination of the applicant's 15 ability, experience and skill in the aspects of practical electrical skills as may be necessary to meet the qualifications required for electricians. (6) Notwithstanding any other provisions of this section, the board may issue a license without an examination under the following terms and conditions: a. If the board finds through its investigation that the applicant has a similar license issued by another city, state, or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau; and b. If the other licensing authority would grant a license without examination to an applicant holding a license issued by the City of Cape Girardeau; and C. If the applicant pays all fees and meets all the other requirements of this section, except that in the event that the reciprocal licensee fails to renew his license within the specified time period for renewal, he shall be subject to the renewal requirements as if he were a resident licensee. (h) Existing electrician license holders. All persons licensed as an electrician as of March 28, 1996, shall be entitled to continue working in that capacity and license status under their existing electrician license, without the necessity of passing an examination, as long as they have complied with all other requirements for that license, provided however, that they must obtain a new license issued pursuant to this article on or before March 28, 2001. The holder 16 of an existing electrician license may apply for one of the new licenses set out in section 15-427(c)(5), (6), (7), (8), (9) and (11), and shall specify in the application what type of license is desired. If the applicant meets the requirements for training and experience established in section 15-427(c) for that license as determined by the board of examiners, that license shall be issued. In addition, applicants for a master electrician license shall personally appear before the board of examiners to present their application and to satisfy the board of examiners' inquiries about their training and experience, before a master electrician license may be issued. (i) Temporary license. The board may issue a temporary license pending examination, provided the applicant holds a similar license issued by another city, state or governmental entity, and in acquiring that license, the applicant has passed an examination equivalent to the examination given by the City of Cape Girardeau. Such permit shall not be valid for more than sixty (60) days. (j) Insurance. Any person who shall apply for a construction trades license pursuant to this article shall state to the city clerk whether such applicant, or his employer, has obtained general liability insurance coverage for his or her work to be done under the supervision of such employer and pursuant to such license. The applicant shall provide proof of such liability insurance, minimum amount being three hundred thousand dollars ($300,000.00), to the city clerk with the name of the insurance carrier and the limits of coverage and the duration of the policy which has been purchased. (k) Inactive license holders. Those persons that hold any license that requires testing in accordance with this section shall be exempt from the worker's compensation and liability insurance verification requirements, and annual renewal fees, when they obtain an inactive license. The holder of an inactive 17 license cannot obtain permits and cannot work in his licensed occupation(s) for compensation. The holder of an inactive license may obtain an active license by complying with all the requirements of this article and applicable state law. is hereby repealed in its entirety, and a new Section 15-427, entitled, "License required," is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 15-427. - License required. (a) License required. Any person who engages in or performs work on installing or altering plumbing facilities in a building or structure, or for any building or structure or who engages in or performs the work of installing the sanitary or building storm sewer, or any work concerning the installation of sanitary or storm trunk, main and lateral sewers on public property, recorded easements or on private property, when such work is required to be done in accordance with the ICC International Plumbing Code, shall be a licensed master or journeyman plumber, or shall be working under the direct supervision of a licensed plumber, 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. 19 Any qualified and licensed performing work under a permit International Codes may install in necessary manner, related piping, duct work, and other hardware to installation complete and useable. technician when as per the ICC a very limited and electrical wiring, make the equipment (b) Classifications requiring license. Classifications of building trades construction licenses for which the City Manager shall examine qualifications are: (1) Master plumber. (2) Journeyman plumber. (3) Mechanical installer. (4) Master drainlayer. (5) Master electrician. (6) Journeyman electrician. (7) Residential electrician. (8) Electrical maintenance. (9) Sign contractor, electrician. (10) Construction contractor. (11) Plumbing fixture installer. (c) Qualifications. (1) Master plumber. The applicant for a master plumber's license shall have at least one (1) year experience as a licensed journeyman plumber or in lieu thereof, possess such experience or training as is the equivalent thereto. Equivalent training and experience shall mean: a. A degree in engineering from an 20 accredited college or university, and two (2) years of experience in the design, planning and installation of plumbing systems, house drainage and structure ventilation; or b. The satisfactory completion of a two (2) year course in practical plumbing, structure drainage and structure ventilation at a recognized trade or technical school, and four (4) years experience in the design, planning and installation of plumbing systems, structure drainage and structure ventilation. The applicant shall also possess the ability to direct other persons in the performance of plumbing work, and shall be skilled in planning, designing and installing plumbing fixtures and facilities. (2) Journeyman plumber. The applicant for a journeyman plumber's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license. The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (3) Mechanical installer. The applicant for a mechanical installer shall have four (4) years practical experience working in the trade for which the applicant is applying for a license. The City Manager may waive two (2) years of the practical experience requirement if an applicant 21 has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (4) Master drainlayers. The applicant for a master drainlayer's license shall have at least three (3) years of practical experience working in the trade for which the applicant is applying for a license. The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire three (3) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (5) Master electrician. The applicant for a master electrician's license shall have one (1) year experience as a licensed journeyman electrician or in lieu thereof, possess such experience or training as is the equivalent thereto. Equivalent training and experience shall mean: a. A degree in engineering from an accredited college or university, and two (2) years of experience in the design, planning and installation of electrical systems; or, b. The satisfactory completion of a two (2) year course in practical electrical installation at a recognized trade or technical school, and four (4) years experience in the design, planning and installation of electrical systems. 22 The applicant shall also possess the ability to direct other persons in the performance of electrical work, and shall be skilled in planning, designing and installing electrical fixtures and facilities. (6) Journeyman electrician. The applicant for a journeyman electrician's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license. The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. (7) Residential electrician. The applicant for a residential electrician's license shall have at least four (4) years practical experience working in the trade for which the applicant is applying for a license. The City Manager may waive two (2) years of the practical experience requirement if an applicant has a two (2) year degree from a certified technical school, college or university and the City Manager may waive the entire four (4) year practical experience requirement if the applicant has a four (4) year degree from a certified technical school, college or university. Those who qualify can perform electrical work in single-family, duplex and tri- plex residential structures only. The term "residential structures" shall not include dormitories. (8) Electrical maintenance. The applicant for electrical maintenance licenses shall have at least three (3) years practical experience in the trade for which the applicant is applying for a 23 license. Any maintenance shall be limited to the repair of existing branch circuits, fixtures, apparatus or equipment and the relocation of existing branch circuits and the switching or de - energizing of the same for safety purposes on premises or buildings owned, occupied or otherwise controlled by the person, firm or corporation by whom the maintenance electrician is permanently employed. This position cannot install, alter or replace service equipment or any feeder to the service equipment. (9) Sign contractor, electrician. The applicant for the sign contractor, electrician license shall have at least three (3) years practical experience in the trade for which the applicant is applying for a license. Those who qualify may install, alter, add to or change any electrical wires, apparatus, raceways, conduit or any part thereof on electrical signs, and are qualified to erect signs. (10) Construction contractor and plumbing fixture installer. Applicants for the construction contractor and plumbing fixture installers licenses need have no practical experience nor are they subject to any examination by the City Manager as to their competence and ability, but instead shall be issued their license upon application to the City 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 s .636 I .639 633 632 635 627 y - t • 627 621 - N y u 625 ct3 s 623 s r 1720 " 0- t .1704 1700 N a 0 er .1701 N + f4b S 1 inch = �fee 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 ► U 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 aim K(A0 m 0- (A � -.�= X� = S M 0 O m N O S N N °° N° a— Ln N n — ik Z CO G7ik m 1 n-qm O m m N N aO_ Q7 ° fNil S m N O O) C) DO OC M Zm� s�j �? �O OLn M ark a -•fl CD o 0� o �szo"�c Om m w o x m m (nZ S= O a= n SS(AN ° 7 Z) C)azzM O S m N C N N 7 U O m m C cn�0 M 3 m ao� N mm n O 5 m 3 Z SZ SSC m w ° w °o m m 0 "o no �° mr�(AA (A x o s 0- z O Il m CO) x G) .� > > � 70 � � � m = m � o vi m � K o � c) Om NmO m� O Z A C ' Z 111 p��'.m fA O C.� _�% '<f 00= " CL (A � o tnn. z c ac�m�o N Z 111 O 1 Ips! 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Ln N y Z W m G o° 70p0—mn �p K D 0 161 WIDE q 108.00' m Zoo LLE1� ym�m o�m Nom c0rnDn mma D a g��rTl �o�my cNm xz x �r—nN� ����0 ��� . Fn -n o y O n C D /r c rr,ccn co z N o_ < M d 0 = D -u REV. DESCRIPTION BY DATE M m o 0 M m I Z O cin Q 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. 4� �inaRD� G4. AG O A O THE U ION ~ VEAL 401 Independence St Cape Girardeau, MO 63703 573-339-6327 Tel 573-339-6303 Fax cityofcape.org 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