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12-01-14 Regular
4 W Harry E. Rediger, Mayor Joseph Uzoaru, Ward 1 Shelly Moore, Ward 2 Victor Gunn, Ward 3 Loretta Schneider, Ward 4 Mark Lanzotti, Ward 5 Wayne Bowen, Ward 6 December 1, 2014 Study Session 5:00 PM Items for Discussion • Planning and Zoning Commission Report • 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.cityofcapegirardeau.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 Meade, Bethel Assembly of God in Cape Girardeau Pledge of Allegiance Call to Order/Roll Call Adoption of the Agenda Presentations • Jerry Ford Certificate of Service, 1999 - 2014 to the River Campus Board of Managers. Luke Landgraf Certificate of Service, 1999 - 2014 to the Show Me Board of Managers. Communications/Reports • Council • City Manager 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 November 17, 2014 City Council regular session minutes. 2. BILL NO. 14-180, an Ordinance approving the record plat of Blank Subdivision. Second and Third Readings. 3. BILL NO. 14-181, an Ordinance approving the record plat of Betty J. Huckstep Subdivision. Second and Third Readings. 4. BILL NO. 14-182, an Ordinance approving the record plat of Dragonfly Subdivision. Second and Third Readings. 5. BILL NO. 14-183, an Ordinance authorizing property acquisition for Bloomfield Road Phase V improvements between Benton Hill Road and White Oaks Lane. Second and Third Readings. 6. BILL NO. 14-185, a Resolution approving a project of the Industrial Development Authority of the County of Cape Girardeau, Missouri, for Gibson Recovery Center, Inc., located in the City of Cape Girardeau, Missouri. Reading and Passage. 7. BILL NO. 14-188, a Resolution authorizing the City Manager to execute an agreement with Cotner Electric Co., Inc. for the Battery Back-up for Traffic Signals. Reading and Passage. 8. BILL NO. 14-189, a Resolution authorizing the City Manager to execute an agreement with BFA, Inc., for Stormwater Consultant Services. Reading and Passage. 9. Bill Number 14-190, a Resolution Authorizing the City Manager to execute an agreement for solid waste services with Republic Services, d/b/a CWI of Missouri, Inc. Reading and Passage 10. A motion to accept the street, sanitary sewer, storm sewer, and waterline improvements to serve Baldwin Place Phase 2. Items Removed from Consent Agenda New Ordinances 11. Bill No. 14-184, an Ordinance amending Section 17-98 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding unlawful possession or use of weapons. First Reading. 12. BILL NO. 14-186, an Ordinance approving the record plat of Dodson Farm Subdivision. First Reading. 13. BILL NO. 14-187, an Ordinance amending Schedule T of Section 26-260 of the City Code, by amending handicapped parking along a portion of Fountain Street, in the City of Cape Girardeau, Missouri. First Reading. Appointments 14. Appointment to the Cape Girardeau Parks and Recreation Foundation 15. Appointments to the Cape Girardeau Area MAGNET Board of Directors Other Business 16. A motion to set regular session City Council meetings for calendar year 2015. Meeting Adjournment Memos • Appointment to the Board of Examiners • Sales Tax Holidays • Appointment to the University of Missouri Extension Council. Advisory Board Minutes • Airport Advisory Board Minutes, October 14, 2014 Cape Girardeau Convention and Visitors Bureau Minutes, November 20,2014 Keep Cape Beautiful Committee Minutes, December 3, 2014 Southeast Metropolitan Planning Organization Minutes, June 18, 2014 Staff` Ryan Shrimplin, AICP - City Agenda: Planner 12/1/2014 SUBJECT An Ordinance approving the record plat of Blank Subdivision. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Blank Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Blank Subdivision, located on Silverthorne Trail. The subdivision is zoned R-1 (Single-family Suburban Residential District). The plat combines two existing lots into one new lot. As part of the plat, an existing 10' utility easement is being eliminated. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its November 12, 2014 regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Blank Plat.doc ❑ Staff RRA Form - Blank Subdivision. odf ❑ Map - Blank Subdivision.pdf ❑ Application - Blank Subdivision.pdf ❑ 35612 - Blank Subdivision 11-10-14.pdf Description: Blank Plat Ordinance Blank Subdivision - Staff RRA Form Blank Subdivision - Map Blank Subdivision - Application Blank Subdivision - Record Plat BILL NO. 14-180 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF BLANK SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Blank Subdivision, being all of Lots 7 and 8 of Silverthorne Subdivision, a subdivision in the City and County of Cape Girardeau, Missouri, submitted by R. Scott Blank and Lisa J. Blank, bearing the certification of Rodney W. Amos, dated November 10, 2014, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU. MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Blank Subdivision LOCATION: Silverthorne Trail STAFF REVIEW & COMMENTS: A record plat has been submitted to combine two lots along Silverthorne Trail. SEE STAFF REPORT FOR MORE DETAILS. City Planner Date j I m;'Cc City tto e Date City Manager f� ate Planning & Zoning Commission RECOMMENDED ACTION COMMENTS: CITIZENS COMMENTING AT MEETING. �C Randy Kluge Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3rd Reading: ORDINANCE 4 Effective Date: Favor Oppose Abstain Favo Oppose Abstain Trae Bertrand ❑ ❑ ❑ Patrick Koetting 3Y ❑ ❑ Larry Dowdy ur ❑ ❑ Scott McClanahan ❑ ❑ Jeff Glenn 0/ ❑ ❑ Doug Spooler a' ❑ ❑ Bill Hinckley ❑ ❑ Tom Welch ❑ ❑ Randy Kluge ❑ ❑ a VOTE COUNT: I Favor Oppose n Abstain COMMENTS: CITIZENS COMMENTING AT MEETING. �C Randy Kluge Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3rd Reading: ORDINANCE 4 Effective Date: Blank Subdivision Record Plat s 1► h�'� 1L , 04 At i C r • i ft I -7` 1927 law*. 1927 • 1927 1855 J ' �"►M �► 1927 Ir •' 4 4r ` 1927 OWL 'J w t �4 NAV (0 i W+ 0 .�s 1 inch = 104 fee �: Legend City of Cape Girardeau Blank Subdivision Division of Planning Services = Parcels GIS Data Source: E-sri, DigitalGlobe, GeoElye, i -cub Lot Line October 24, 2014 CNES/Airbus DS, USDA, USGS, AE�X, G swisstopo, and the GiS User Community SUBDIVISION PLAT APPLICATION CITY of CAPE GIRARDEAU 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 DEVELOPMENT SERVICES DEPARTMENT, Name of Subdivision Type of Plat (Preliminary, Record, Boundary Adjustment) Blank Subdivision Record Plat Applicant Property Owner of Record (if other than Applicant) R. Scott Blank R. Scott Blank and Lisa J. Blank Mailing Address City, State., Zip Mailing Address 1� City, State, Zip 430 Julie Drive Cape Girardeau, MO 63701 Telephone Email Telephone Email (573) 382-1026 sbiank@bistateoilcompany.com Contact Person (if Applicant is a Business or Organization) (Attach additional owners information if necessary) Professional Engineer/ Surveyor Rodney Amos, PLS Developer R. Scott Blank and Lisa J. Blank Mag Address City, State, Zip Mailin•g Address City.. State., Zip 194 Coker Lane ........... ... ........... .. . ......................... ....................... Cape Girardeau, MO 63701 430 Julie Drive Cape Girardeau, MO 6370� Telephone Email Telephone Email (573) 335-3026 ramos(ED-koehlerengineering.corn (573) 382-1026 sbiank@bistateoiIcompany.com ADDITIONAL ITEMS in addition to this application, the following items must be submitted: Review Fee City REQUIRED (payable to of Cape Girardeau) Single -Family and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18"-'x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) Four (4) full size copies of the plat (Record Plat only) One (1) reduced size (8-1/21" x 11") copy of the plat 1494 I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf, I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed., prior to City Council's acceptance of the record plat. 40 - Applicant Signature Date OFFICE USE ONLY Date Received D By Planning & Zoning Commission Recommendation City Council Final Action Date Revised 6/18/2012 W N E S NORTH ORIENTATION FROM RECORD PLAT OF SILVERTHORNE SUBDIVISION — PB. 21. PG. 46 / RECORD PLAT OF BLANK SUBDIVISION ALL OF LOTS 7 AND 8 OF SILVERTHORNE SUBDIVISION, A SUBDIVISION IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI SILVERTHORNE R. SCOTT BLANK AND \ SUBDIVISION USA L BLANK \ PB. 21. PG. 46 DOG NO. 2014-06609 \ \ \ \ EXISTING 10.0' UTILITY ESMT — PB. 21, PG. 46 5.0' \ NBM270E 357.51'~� \ \ \ -- 1SETBACK TNAL 5.0UTILITYESMT IADDIIO L 10.0' \ LOT 7 UTILITY ESMT \ \\ SILVERTHORNE SILVERT ORNE \ \ \ \\ S 21. PG.. 46 SUBDIVISION P& 21, PG. 46 \ \ \ \ EXISTING 5.0' UTILITY Ir.N/F ESMT — PB. 21, PG. 4 \ \\ R. SCOTT ED LISA J. BLANK \\ \ \ \\ DOC. N0. 2014-06609 ADDITIONAL 5.0' UTILITY ESMT I \ TOTAL 10.0' UTILITY ESMT 30.0' FRONT SETBACK 2 R SETBACK / O / \ \71 LOT 17 \ SILVERTHORNE SUBDINSION PB. 21, PG. 46 R-125.00' L=52,50' CH: N6'36'27'W, 5212' LEGEND O = FOUND/2' IRON ROD OO = SET Y2" IRON ROD = SUBDIVISION BOUNDARY LINE = ADJOINER PROPERTY LINE = CENTERLINE I — = RIGHT OF WAY LINE = EASEMENT LINES FROM I I SILVERTHORNE SUBDIVISION R-275.00' L -7.31Y RECORD PLAT CH: N40N'511E 7.300-- = EASEMENT LINES — — — — — — — = BUILDING SETBACKS ........................ • = FORMER LOT LINE FROM SILVERTHORNE SUBDIVISION RECORD PLAT I NOTE: 1/2" RODS SET AT ALL LOT CORNERS, UNLESS OTHERWISE INDICATED GRAPHIC SCALE 50 0 25 50 100 ( IN FEET ) 1 inch = 50 ft. \ \ \ EXISTING 10.0' UTILITY \f ESMT — PB. 21, PG. 46 2.94 ACRES � I I 5.0' T...... EXISTING 10.0' UTILITY 5.00' ESMT — PB. 21, PG. 46 SHADED AREA TO BE ELIMINATED BY THIS PLAT � I I R. SCOTT BLANK AND SILVERTHORNE USA J. BLANK SUBDIVISION DOC. NO. 2014-06609 PB. 21. PG. 46 i I I �I I TOTAL 10.0' UTILITY ESMT I 15.0' SIDE ADDITIONAL 5.0' — SETBACK — — — — — UTILITY - -ESMT ------------r��-J J iPOINT OF BEGINNING NE CORNER LOT 7 SILVERTHORNE SUBD. PLAT BK. 21, PG. 46 SUBDIVISION NOTES LOT SIZES TOTAL NUMBER OF LOTS., 1 SMALLEST LOT SIZE: 128,157 SQ. FT. (2.94 ACRES) LARGEST LOT SIZE., 128,157 SQ. FT. (294 ACRES) ZONING R-1 (SINGLE FAMILY SUBURBAN RES. DIST.) BUILDING SETBACKS FRONT SETBACKS: 30 FEET REAR SETBACKS: 25 FEET SIDE SETBACKS: 15 FEET (PER RECORD PLAT OF SILVERTHORNE SUBDIVISION) RECORD OWNER R. SCOTT BLANK& LISA J. BLANK DOCUMENT NO. 2014-06609 DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: R. SCOTT BLANK LISA J. BLANK 920 NORTH KINGSHIGHWAY CAPE GIRARDEAU, MO 63701 (573) 335-9100 PLAT PREPARED BYAND LAND SURVEYING SERVICES PROVIDED BY. KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335-3026 FLOODPLAIN NOTE NO PORTION OF THE PROPERTY FALLS WITHIN THE 100 YEAR FLOODPLAIN, AS INDICATED ON THE FLOOD N/F INSURANCE RATE MAP NUMBER 29031CO254E WITH BOYCE % CHURCH AND AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. PAMELA K. CHURCH DEED BK. 1058, PG. mm THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. SUBDIVISION DEDICATION The undersigned, R. Scott Blank and Lisa J. Blank, owners in fee of Lots 7 and 8 of Silverlhorne Subdivision, a subdivision on file in the land records of Cape Girardeau County, Missouri in Plat Book 21 at Page 46, in the City and County of Cape Girardeau, State of Missouri described as follows: Begin at the Northeast comer of said Lot 7 of Silverthome Subdivision; thence with the East lines of said Lots 7 and 8, South 00'31'00" East, 431.88 feet to the Southeast comer of said Lot 8; thence leaving said East line and with the South line of said Lot 8, South 89°29'00" West, 276.08 feet to the Southwest comer of said Lot 8, said comer also being a point on the East right of way of Silverthome Trail; thence with said East right of way line and with the West lines of said Lots 7 and 8, along the am of a non -tangent curve to the Northeast being concave to the Southeast having a radius of 275.00 feet, a length of 7.30 feet (the chord of said are bears North 04°39'51" East, 7.30 feet); thence North 05°25'30" East, 106.47 feet; thence along the are of a curve to the left having a radius of 125.00 feet, a length of 52.50 feet (the chord of said are bears North 06°36'27" West, 52.12 feet); thence North 18'38'24" West, 281.52 feet to the Northwest comer of said Lot 7; thence leaving said lines and with the North line of said Lot 7, North 89°35'27" East, 357.51 feet to the point of beginning and containing 128,157 square feet, 2.94 acres, more or less, being subject to any easements of record, do hereby subdivide said tract into one lot as shown hereon, and we do hereby dedicate the easements shown hereon to the public use forever, and we do hereby name said subdivision "BLANK SUBDIVISION'. R. Scott Blank STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU Lisa J. Blank On this day of , 201_, before me, a Notary Public for said State and County, appeared R. Scott Blank and Lisa J. Blank, to me known to be the persons described herein, who did execute the foregoing instrument, and who acknowledged that they executed the same as their free act and deed. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this day of A.D., 201. My commission expires Notary Public I hereby declare that the City of Cape Girardeau, Missouri has eliminated the existing easement as shown hereon. Scott A. Meyer City Manager, City of Cape Girardeau, Missouri STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU On this day of 201_, before me, a Notary Public for said State and County, appeared Scott A. Meyer, to me known to be the person described herein, who is authorized to execute the foregoing instrument on behalf of the City of Cape Girardeau, Missouri, and who executed the same as the free act and deed of said City. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this day of A.D., 201_ My commission expires Notary Public I, City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. passed and approved this _ day of . A.D., 201_ City Clerk STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU Filed for record this day of . A.D., 201_, in Document Number Recorder of Deeds Cape Girardeau County, Missouri 869'29" 276.09_ fi i- 5.0' I EXISTING 10.0' UTILITY I IAND I I N/FLOT 9 PHILIP AA ANTON! SILVOTHORNE JUDY M. CANTON! SUBDIVISION DOC. NO. 2013-13348 PB. 21, PC, 46 ESMT — PB. 21, PG. 46 200 \ \ PLAT REFERENCE I \ \ \ SILVERTHORNE SUBDIVISION - PLAT BOOK 21, PAGE 46 I SUBDIVISION NOTES LOT SIZES TOTAL NUMBER OF LOTS., 1 SMALLEST LOT SIZE: 128,157 SQ. FT. (2.94 ACRES) LARGEST LOT SIZE., 128,157 SQ. FT. (294 ACRES) ZONING R-1 (SINGLE FAMILY SUBURBAN RES. DIST.) BUILDING SETBACKS FRONT SETBACKS: 30 FEET REAR SETBACKS: 25 FEET SIDE SETBACKS: 15 FEET (PER RECORD PLAT OF SILVERTHORNE SUBDIVISION) RECORD OWNER R. SCOTT BLANK& LISA J. BLANK DOCUMENT NO. 2014-06609 DEVELOPER OF SUBDIVISION AND PLAT PREPARED FOR: R. SCOTT BLANK LISA J. BLANK 920 NORTH KINGSHIGHWAY CAPE GIRARDEAU, MO 63701 (573) 335-9100 PLAT PREPARED BYAND LAND SURVEYING SERVICES PROVIDED BY. KOEHLER ENGINEERING AND LAND SURVEYING, INC. 194 COKER LANE CAPE GIRARDEAU, MO 63701 (573) 335-3026 FLOODPLAIN NOTE NO PORTION OF THE PROPERTY FALLS WITHIN THE 100 YEAR FLOODPLAIN, AS INDICATED ON THE FLOOD N/F INSURANCE RATE MAP NUMBER 29031CO254E WITH BOYCE % CHURCH AND AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. PAMELA K. CHURCH DEED BK. 1058, PG. mm THIS SURVEY OF A TRACT OF URBAN PROPERTY WAS PERFORMED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS IN THE STATE OF MISSOURI AS MADE EFFECTIVE OCTOBER 30, 2003. SUBDIVISION DEDICATION The undersigned, R. Scott Blank and Lisa J. Blank, owners in fee of Lots 7 and 8 of Silverlhorne Subdivision, a subdivision on file in the land records of Cape Girardeau County, Missouri in Plat Book 21 at Page 46, in the City and County of Cape Girardeau, State of Missouri described as follows: Begin at the Northeast comer of said Lot 7 of Silverthome Subdivision; thence with the East lines of said Lots 7 and 8, South 00'31'00" East, 431.88 feet to the Southeast comer of said Lot 8; thence leaving said East line and with the South line of said Lot 8, South 89°29'00" West, 276.08 feet to the Southwest comer of said Lot 8, said comer also being a point on the East right of way of Silverthome Trail; thence with said East right of way line and with the West lines of said Lots 7 and 8, along the am of a non -tangent curve to the Northeast being concave to the Southeast having a radius of 275.00 feet, a length of 7.30 feet (the chord of said are bears North 04°39'51" East, 7.30 feet); thence North 05°25'30" East, 106.47 feet; thence along the are of a curve to the left having a radius of 125.00 feet, a length of 52.50 feet (the chord of said are bears North 06°36'27" West, 52.12 feet); thence North 18'38'24" West, 281.52 feet to the Northwest comer of said Lot 7; thence leaving said lines and with the North line of said Lot 7, North 89°35'27" East, 357.51 feet to the point of beginning and containing 128,157 square feet, 2.94 acres, more or less, being subject to any easements of record, do hereby subdivide said tract into one lot as shown hereon, and we do hereby dedicate the easements shown hereon to the public use forever, and we do hereby name said subdivision "BLANK SUBDIVISION'. R. Scott Blank STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU Lisa J. Blank On this day of , 201_, before me, a Notary Public for said State and County, appeared R. Scott Blank and Lisa J. Blank, to me known to be the persons described herein, who did execute the foregoing instrument, and who acknowledged that they executed the same as their free act and deed. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this day of A.D., 201. My commission expires Notary Public I hereby declare that the City of Cape Girardeau, Missouri has eliminated the existing easement as shown hereon. Scott A. Meyer City Manager, City of Cape Girardeau, Missouri STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU On this day of 201_, before me, a Notary Public for said State and County, appeared Scott A. Meyer, to me known to be the person described herein, who is authorized to execute the foregoing instrument on behalf of the City of Cape Girardeau, Missouri, and who executed the same as the free act and deed of said City. IN WITNESS WHEREOF, I hereunto set my hand and affix my official seal this day of A.D., 201_ My commission expires Notary Public I, City Clerk of the City of Cape Girardeau, Missouri, hereby certify that this plat was approved by the City of Cape Girardeau, Missouri, by Ordinance No. passed and approved this _ day of . A.D., 201_ City Clerk STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU Filed for record this day of . A.D., 201_, in Document Number Recorder of Deeds Cape Girardeau County, Missouri Staff` Ryan Shrimplin, AICP - City Agenda: Planner 12/1/2014 SUBJECT An Ordinance approving the record plat of Betty J. Huckstep Subdivision. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Betty J. Huckstep Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Betty J. Huckstep Subdivision, located on North Kingshighway. The subdivision is zoned C-2 (Highway Commercial District). The plat divides an existing parcel into three new lots. A cross access easement for all three lots is proposed as part of the plat. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its November 12, 2014 regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Betty J Huckstep Plat.doc ❑ Staff RRA Form - Betty J Huckstep Subdivision.pdf ❑ Map - Betty J Huckstep Subdivision.pdf ❑ Application - Betty J. Huckstep Subdivision.pdf Description: Betty J. Huckstep Ordinance Betty J Huckstep Subdivision - Staff RRA Form Betty J Huckstep Subdivision - Map Betty J Huckstep Subdivision - Application ❑ s14153 - Betty J Huckstep subdivision.pdf Betty J Huckstep Subdivision - Record Plat BILL NO. 14-181 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF BETTY J. HUCKSTEP SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Betty J. Huckstep Subdivision, a resubdivision of part of Tract No. 6, Klages Heirs Subdivision, Plat Book 4 at Page 14, lying in Outlot 77, United States Private Survey No. 2199 Township 31 North, Range 13 East, of the Fifth Principal Meridian, in the City and County of Cape Girardeau, Missouri, submitted by Betty J. Huckstep Revocable Trust dated November 11, 1992, bearing the certification of R. Christopher Bowen, dated November 12, 2014, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Betty J. Hucicstep Subdivision LOCATION: North Kingshighway STAFFREVIEW & COMMENTS: A record plat has been submitted to subdivide property into three (3) lots along North Kingshighway. SEE STAFF REPORT FOR MORE DETAILS. City V Date l City X4ore - City RECOMMENDED ACTION 1 ) 17 Date r �Z" 261 Date Planning & Zoning Commission COMMENTS: Favo Oppose Abstain Lir ❑ ❑ Lj ❑ ❑ ❑ ❑ 0 Abstain CITIZENS COMMENTING AT MEETING: Randy Kluge Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3.d Reading: ORDINANCE # Effective Date: Favor Oppose Abstain Trae Bertrand ❑JLlLlPatrick Koetting Larry Dowdy U ❑ ❑ Scott McClanahan Jeff Glenn J ❑ ❑ Doug Spooler Bill Hinckley ❑ ❑ Tom Welch Randy Kluge ❑ ❑ 0 VOTE COUNT: Favor Oppose COMMENTS: Favo Oppose Abstain Lir ❑ ❑ Lj ❑ ❑ ❑ ❑ 0 Abstain CITIZENS COMMENTING AT MEETING: Randy Kluge Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3.d Reading: ORDINANCE # Effective Date: Betty J. Huckstep Subdivision Record Plat `.1n`;N6j,fi SM B UMION PLAT APPLICATION r �J Of CAPE GIRARDEAU .,k,.t• DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision TVpe of ° Dat Q ° reflmonarVD Record, o oundary Adjustment) Betty J. Huckstep Subdivision Record P1aL APP C01n Proper'�V Duiner of Record (if other than Applicant) Chris Huckstep Betty J Huckstep Trust Mailing Address City, State, Zip Mailing Address City, State, Zip 320 Tara Lane Cape Gir. 63701 222 Tara Lane Cape Gir. 63701 Telephone Email Telephone Email 573-334-1149 573-334-1149 Contact Person (If Applicant is a Business or Organization) I (Attach additional owners information if necessary) Professional Engineer / Surveyor Bowen Engineering & Surveying ..................................................................................................................................................... Mailing Address City, State, Zip 2121 Megan Drive Cape Gir. 63701 ....... 1.11 .......... ...... .1, ... ..." .......... ... *'**-''"* .. ...... Telephone Email 573-339-5900 chriskelley@bowenengsurv.com Mailing Address I City, State, Zip Telephone I Email ADDITIONAL ITEM? In addition to this application, the following items must be submitted: Review Fee (payable to City of Cape Girardeau) REQUIREDReview and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) Four (4) full size copies of the plat (Record Plat only) One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. Applicant Signature Date A OFFICE USE ONLY Date Received b/ a-" I 4By Planning & Zoning Commission Recommendation City Council Final Action Date Date File Number Revised 6/18/2012 LOCATION MAP REFERENCES: RECORD PLAT OF DIXIE ACRES SUBDIVISION AS RECORDED IN PLAT BOOK NO. 6 AT PAGE NO. 5 RECORD PLAT OF THOMAS DRIVE SUBDIVISION AS RECORDED IN PLAT BOOK NO. 19 AT PAGE NO. 53 RECORD PLAT OF THOMAS DRIVE SUBDIVISION NUMBER 2 AS RECORDED IN PLAT BOOK NO. 20 AT PAGE NO. 8 RECORD PLAT OF W.A. AND ZOLA HUCKSTEP SUBDIVISION AS RECORDED IN PLAT BOOK NO. 25 AT PAGE NO. 20 PLAT OF SURVEY FOR TRIPLE B DEVELOPMENT BY SANDER (PLS 2003013179)AS RECORDED IN SURVEY RECORD DOCUMENT NO. 2012-15273 GENERAL WARRANTY DEED, BOOK NO. 625 - PAGE NO. 080 GENERAL WARRANTY DEED, BOOK NO. 951 -PAGE NO. 937 GENERAL WARRANTY DEED, BOOK NO. 1044 - PAGE NO. 777 GENERAL WARRANTY DEED, DOCUMENT NO. 2009-11618 GENERAL WARRANTY DEED, DOCUMENT NO. 2010-06878 GENERAL WARRANTY DEED, DOCUMENT NO. 2011-09998 GENERAL WARRANTY DEED, DOCUMENT NO. 2011-12940 GENERAL WARRANTY DEED, DOCUMENT NO. 2012-14144 GENERAL WARRANTY DEED, DOCUMENT NO. 2012-14145 QUIT CLAIM DEED, BOOK NO. 1097 - PAGE NO. 875 QUIT CLAIM DEED, BOOK NO. 1267 - PAGE NO. 429 TAX ASSESSMENT MAP NO. 15-911 FLOODPLAIN INFORMATION SURVEY NOTES: THIS SURVEY CREATES NEW 3 LOT SUBDIVISION FROM THE PARENT TRACTS RECORDED IN BOOK NO. 625 AT PAGE NO. 080 AND BOOK NO. 1044 AT PAGE 777 MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES BASIS OF BEARINGS - GRID NORTH DETERMINED BY REAL TIME GPS OBSERVATIONS WITH CORRECTIONS RECEIVED FROM THE MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION GLOBAL NAVIGATION SATELLITE REAL-TIME NETWORK FOR CONTINUOUSLY OPERATING REFERENCE STATIONS. SURVEY CLASS "C" - URBAN LEGEND - BOUNDARY OF SUBDIVISION - BOUNDARY OF NEW LOT - - - - BOUNDARY LINE OF EXISTING TRACT -------- EXISTING EASEMENT (AS SHOWN) ----------- NEW EASEMENT -------------- . RIGHT OF WAY LINE • • • • • •25' BSL• • • • • • . BUILDING SETBACK LINE ----------- CIENTERILINE THIS SITE LIES IN FLOOD ZONE X, AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN AS INDICATED BY F.I.R.M. (FLOOD INSURANCE P aroma RATE MAP) MAP NUMBER 29031CO254E, WITH AN EFFECTIVE DATE OF 0VN SEPTEMBER 29, 2011. c \. P e0'er ),0° Q �0� C9 0 LINE DIMENSION TABLE NO. BEARING DISTANCE 1 S 36" 24'59" E 35.00' 2 N 19" 30'20" W 15.38' 3 N 310 08'27" W 43.93' 4 N01°30'10"E 27.68' SURVEY MONUMENT NOTES: O O 0' T m 4 W Z = Lu W Z N � U � a C7 uJ GRAPHIC SCALE 100' 150' RECORD PLAT BETTY J. HUCKSTEP SUBDIVISION A RESUBDIVISION OF A PART OF TRACT NO. 6, KLAGES HEIRS SUBDIVISION, PLAT BOOK 4 AT PAGE 14, LYING IN OUTLOT 77, UNITED STATES PRIVATE SURVEY NO. 2199, T 31 N, R 13 E, OF THE 5th P.M. ZONING INFORMATION C-2, HIGHWAY COMMERCIAL DISTRICT MAXIMUM HEIGHT: 5 STORIES OR 60' MINIMUM LOT AREA: NONE MINIMUM LOT WIDTH: NONE MAXIMUM DENSITY: NONE MAXIMUM BUILDING COVERAGE: 80% MINIMUM OPEN SPACE: NO MINIMUM REQUIRED MINIMUM YARD & BUILDING SETBACK REQUIREMENTS: FRONT -25 FEET REAR- NONE, UNLESS A LOT IS ABUTTING A RESIDENTIAL DISTRICT IN WHICH CASE THE MINIMUM REAR YARD IS 25 FEET SIDE- NONE, UNLESS A LOT IS ABUTTING A RESIDENTIAL DISTRICT IN WHICH CASE THE MINIMUM SIDE YARD IS 25 FEET NOTE: NUMBER OF LOTS: 3 TOTAL SUBDIVISION AREA: 3.85 ACRES SMALLEST LOT SIZE: 0.58 ACRES (LOT 1) LARGEST LOT SIZE: 1.78 ACRES (LOT 2) 0 AP �\ \ 0 'e,�a �♦G G♦a QP" q LP 0 \\\ \ \ CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI \ \ \ e0'eOc4 0 Q APP \\°y\0 epJ Ngo ,coi eYO OpF 7 ;,!.Ii A OP S I I m GL v Ii j i1 1 �QfpSC, 0P tis i O NbN ��1��6°jya001 G�� QGG p\� C k9 2 I!,IZe Qp`\�OPy�e \�a \10 \�\C� ,- i 1 , i o m y Ai t�� QQ G� �5� G��`2A 9y I I , I m _j e cV<T ,l\ JG QP' ♦off O / ,� s• , I , o m 1 QIP S1 + a� \ 100, Gc" ti3 (P 40e I NIS 400, 1001 'ON 100, >= y,. .0e ti°off 0��0����ro \\\ \ !G Y NOW OR FORMERLY *dl r9 9sl \%: O,rI,3 \ " \bo 0'C \� %• 1 CLINTON J. d E. ELAINE 5HIRRELL rIS� \ \� Q \0-` \�• %• /•� /"-'•� BOOK IOQ'7 - PAGE 815 / %'� 5 OHO° \ h10 \� %' `: \, �" %• 0 i• w�i i. 0 \� Q \ry\��\O J�O.O otp \\ 0 ♦ / i ' %• / \ 0 9 OF �Q e\0 �' �♦ i i \pJ 0��\�9GjJti`�'y /// \\\ �0� �G OP(�\ , i ' !'i�` •� ' i I C9 t 054 � IP_ / \ \ 0 / �• ���co i \ 0\ / 0•c c \ 1, 0 / \' \ s `'d \0 Q\ 0 // \ \ oA/ WE, THE UNDERSIGNED, CHRIS HUCKSTEP AND GORDON HUCKSTER, TRUSTEES OF THE BETTY J. HUCKSTEP REVOCABLE TRUST DATED NOVEMBER 11, 1992, OWNER OF A PART OF OUTLOT 77, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITYAND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF LOT NO. 1, W.A. AND ZOLA HUCKSTEP SUBDIVISION AS RECORDED IN PLAT BOOK NO. 25AT PAGE NO. 20 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE; THENCE N 36" 17'29"W, 249.89 FEETALONG THE EAST LINE OF SAID LOT NO. 1 AND ITS PROLONGATION TO THE SOUTHEASTERLY LINE OF LOT NO. 2, THOMAS DRIVE SUBDIVISION NO. 2AS RECORDED IN PLAT BOOK NO. 20 AT PAGE NO. 8; THENCE N 53" 39'49" E, 670.97 FEET ALONG THE SOUTHEASTERLY LINE OF LOT 2 AND LOT 1 AND ITS PROLONGATION TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF KINGSHIGHWAY; THENCE S 36" 24'59"E, 250.00 FEETALONG SAID RIGHT OF WAY LINE TO THE MOST EASTERLY CORNER OFA TRACT OF LAND RECORDED IN BOOK NO. 1044 AT PAGE NO. 777; THENCE S 53" 40'23" W. 671.51 FEET ALONG THE SOUTHEASTERLY LINE OF SAID TRACT TO THE POINT OF BEGINNING, CONTAINING 3.85ACRES, MORE OR LESS. HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED INTO LOTS AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, AND DO HEREBY DEDICATE EASEMENTS AS SHOWN HEREON TO THE PUBLIC USE FOREVER, AND DO HEREBY NAME SAID SUBDIVISION, "BETTY J. HUCKSTEP SUBDIVISION" A NON-EXCLUSIVE CROSS ACCESS EASEMENT IS HEREBY ESTABLISHED ACROSS ALL OF LOTS 1, 2, AND 3 FOR THE USE AND BENEFIT OF THE CURRENT AND FUTURE OWNERS OF LOTS 1, 2, AND 3 AND THEIR RESPECTIVE TENANTS AND INVITEES, FOR THE PURPOSE OF PROVIDING INGRESS AND EGRESS BETWEEN LOTS 1, 2, AND 3, AND BEWEEN SUCH LOTS AND KINGSHIGHWAY, SUCH EASEMENT TO BE SOLELY OVER SUCH DRIVE AISLES AS MAY FROM TIME TO TIME BE CONSTRUCTED AND MAINTAINED FOR SUCH USE. IN WITNESS WHEREOF, SIGNED THIS _____________ DAY OF 201_, A.D. GORDON HUCKSTER, TRUSTEE BETTY J. HUCKSTEP REVOCABLE TRUST DATED NOVEMBER 11, 1992 ----- ---------------------------------------------------------------- CHRIS HUCKSTEP, TRUSTEE BETTY J. HUCKSTEP REVOCABLE TRUST DATED NOVEMBER 11, 1992 STATE OF MISSOURI ) ss COUNTY OF CAPE GIRARDEAU) BEFORE ME, A NOTARY PUBLIC FOR SAID COUNTYAND STATE, PERSONALLY APPEARED CHRIS HUCKSTEP AND GORDON HUCKSTEP, TRUSTEES OF THE BETTY J. HUCKSTEP REVOCABLE TRUST DATED NOVEMBER 11, 1992, WHO BEING BY ME DULY SWORN DID SAY THAT THEY ARE THE PERSONS DESCRIBED HEREIN AND DID EXECUTE THE FOREGOING INSTRUMENT AND WHO ACKNOWLEDGED TO ME THAT THEY EXECUTED THE SAME AS THE FREE ACT AND DEED OF SAID TRUST. IN WITNESS WHEREOF, I HEREUNTO SET MY HAND AND AFFIX MY OFFICIAL SEAL THIS --------------- DAY OF ----------------------- A.D., 201_ --------------- ---------------------------------------------------------------------------------- NOTARY PUBLIC MY TERM EXPIRES ♦ ♦ I- ----------------------------------- - - CITY CLERK OF CAPE GIRARDEAU, MISSOURI, HEREBY CERTIFY THAT THIS PLAT WAS APPROVED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI BY ORDINANCE NO. -------------------- PASSED AND APPROVED THIS --------- DAY OF -------------------------, 201, A.D. Bowen 2121 Megan Drive Cape Girardeau, MO 63701 Ph 573 339 5900 Fax 573 339 1391 www. txrwenengsurv.com ENGINEERING & SURVEYING Consulting Engineers • Land Surveyors • Testing Laboratories Bowen Engineering & Surveying, P.C. Engineering Corporation - Missouri State Certificate of Authority #000383 Land Surveying Corporation - Missouri State Certificate of Authority #000166 CITY CLERK OF CAPE GIRARDEAU, MISSOURI SURVEYOR'S CERTIFICATION THIS IS TO CERTIFY THATAT THE REQUEST OF THE CHRIS HUCKSTEP THE TRACTS SHOWN HEREON WERE SURVEYED UNDER MY DIRECT SUPERVISION, AND THE RESULTS OF SAID SURVEY ARE REPRESENTED CORRECTLY ON THIS PLAT. SAID SURVEY WAS EXECUTED IN ACCORDANCE WITH THE CURRENT MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURVEYS OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, DIVISION OF GEOLOGYAND LAND SURVEY. THERE MAY EXIST OTHER DOCUMENTS THAT COULD AFFECT THIS PARCEL, OF WHICH AN ACCURATE AND CURRENT TITLE SEARCH MAY DISCLOSE. IN WITNESS WHEREOF, I HEREUNTO SET MY SEAL AND SIGNATURE R. CHRISTOPHER BOWEN MO. P.L.S. #2232 STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU) ss FILED FOR RECORD THIS ---------------- DAY OF ---------------------, 201_A.D. AND DULY RECORDED IN DOCUMENT NO. CAPE GIRARDEAU COUNTY, MISSOURI, RECORDER OF DEEDS Staff` Ryan Shrimplin, AICP - City Agenda: Planner 12/1/2014 SUBJECT An Ordinance approving the record plat of Dragonfly Subdivision. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Dragonfly Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Dragonfly Subdivision, located at 340 Rivermont Drive. The subdivision is zoned RUMD (Residential Urban Mixed Density District). The plat combines a tract and vacated rights of way into one new lot. Access to the lot is via an existing access road easement. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its November 12, 2014 regular meeting, recommended approval of the record plat with a vote of 7 in favor, 0 in opposition, and 1 abstaining. ATTACHMENTS: Name: ❑ Dragonfly Plat.doc ❑ Staff RRA Form - Dragonfly Subdivision.pdf ❑ Map - Dragonfly Subdivision.0 ❑ Application - Dragonfly Subdivision.pdf ❑ DRAGONFLY SUB-FINAL-20141021.1)df Description: Dragonfly Plat Ordinance Dragonfly Subdivision - Staff RRA Form Dragonfly Subdivision - Map Dragonfly Subdivision - Application Dragonfly Subdivision - Record Plat BILL NO. 14-182 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF DRAGONFLY SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Dragonfly Subdivision, being part of Lot 06 of Range "F" of the Original Town of Cape Girardeau, part of the vacated portion of Spanish Street and a part of the vacated portion of a public alley in Range "F" being a part of the Northwest Quarter of Section 05, Township 30 North, Range 14 East, all being a part of the City of Cape Girardeau in Cape Girardeau County, Missouri, submitted by Thomas M. Meyer Revocable Living Trust Agreement dated September 09, 2010, and Mary E. Meyer Revocable Living Trust Agreement dated September 09, 2010, bearing the certification of Larry D. Dowdy, dated September 29, 2014, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Dragonfly Subdivision LOCATION: Rivermont Drive STAFF REVIEW & COMMENTS: A record plat has been submitted to combine lots into one parcel on Rivermont Drive. SEE STAFF REPORT FOR MORE DETAILS. City Pl�— Date obey Date City RECOMMENDED ACTION CJ - -,--) i"'-- /,y Date Planning & Zoning Commission VOTE COUNT: — Favor Oppose COMMENTS: CITIZENS COMMENTING AT MEETING: Randy City CouncilAction Favo 1Oppose Abstain Ll Lj L3 Lj I Abstain & Zoning Commission Ordinance I" Reading Ordinance 2nd & 3rd Reading: ORDINANCE 9 Effective Date: Favor Oppose Abstain Trae Bertrand ❑ ❑ ❑ Patrick Koetting Larry Dowdy ❑ ❑ ❑ Scott McClanahan Jeff Glenn La, ❑ ❑ Doug Spooler Bill Hinckley ❑ ❑ Tom Welch Randy Kluge Ld ❑ ❑ VOTE COUNT: — Favor Oppose COMMENTS: CITIZENS COMMENTING AT MEETING: Randy City CouncilAction Favo 1Oppose Abstain Ll Lj L3 Lj I Abstain & Zoning Commission Ordinance I" Reading Ordinance 2nd & 3rd Reading: ORDINANCE 9 Effective Date: Dragonfly Subdivision Record Plat SUBDIVISION PLAT APPLICATION CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Dragonfly Subdivision LTypeF of Plat (Preliminar , Record, Boundary Adjustment) Applicant Property Owner of Record (if other than Applicant) Pam Davidson Tom Meyer Mailing Address City, State, Zip I Mailing Address City, State, Zip 310 Broadway Cape Girardeau Mo 637 314 N. Lorimier Cape Girardeau, MO 6370 Telephone Email Telephone Email 573-335-7624 pdavidson@keystonedesign.biz 1573-270-4499 Contact Person (If Applicant is a Business or Organization) (Attach additional owners information if necessary) Pam Davidson I Professional Engineer/ Surveyor Developer Larry Dowdy ....... .... .... .... ..... .... .... ....... .... ... Mailing Address City,, State, Zip Mailing Address City, State, Zip 2323 Perryville Road Cape Girardeau, MO 637 .............................. ......................................................... Telephone Email Telephone Email 573-335-0464 1 ADDITIONAL ITEMS In addition to this application, the following items must be submitted: REQUIRED Review Fee (payable to City of Cape Girardeau) Single -Family and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) ElRecording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 2411 x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) Four (4) full size copies of the plat (Record Plat only) One (1) reduced size (8-1/2" x 11") copy of the plat CERTIFICATION I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. ) a,12�14-ul�l -4 Applicant Signature Date OFFICE USE ONLY chi Date Received By File Number Planning & Zoning Commission Recommendation City Council Final Action Date Date Revised 6/18/2012 `LY fes' .SP 1' = 30' GRAPHIC SCALE 0 15 30 60 SYMBOLS LEGEND 1. • = 1/2" IRON RODS (SET). 2.0 = 1/2" IRON PIPES (FND). 2.0 = 1 1/2" IRON PIPES (FND). 3.A = 'I CUTS ON CONCRETE (SET). Q SURVEY CLASS ...... URBAN" RECORD PLAT OF: DRAGONFLY SUBDIVISION PART OF LOT 06 OF RANGE "F" OF THE ORIGINAL TOWN OF CAPE GIRARDEAU, PART OF THE VACATED PORTION OF SPANISH STREET AND A PART OF THE VACATED PORTION OF A PUBLIC ALLEY IN RANGE "F" BEING A PART OF THE NWI/4 OF SECTION 05, TOWNSHIP 30 NORTH, RANGE 14 EAST, ALL BEING A PART OF THE CITY OF CAPE GIRARDEAU IN CAPE GIRARDEAU COUNTY, MISSOURI S82 172,00' o N82°00'00'/ 19 00 / Existin ��oC"mgnt `V Road Easement "Inber2012_001 el' LOT 07 (N/F Kenneth L. (pod Kevic.n S Wood Litt No. 2012-14696) FLOOD PLAIN STATEMENT THE ENTIRE TRACT OF THE PROPOSED SUBDIVISION IS SHOWN TO BE WITHIN ZONE "X"AS SET FORTH ON COMMUNITY PANEL NO. 29031CO267E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. ZONE "X"IS NOT WITHIN A FLOOD PRONE AREA. THE UNDERSIGNED, OWNERS IN FEE, OF PART OF LOT 06. RANGE 'I OF THE ORIGINAL TOWN OF CAPE GIRARDEAU, PART OF THE VACATED PORTION OF SPANISH STREET AND THE PUBLIC ALLEY IN RANGE 'I ALL BEING IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION 05, TOWNSHIP 30 NORTH, RANGE 14 EAST IN CAPE GIRARDEAU COUNTY, MISSOURI CONTAINING 0.583 ACRE (MORE OR LESS), DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of Lot 06, Range "F" of the Original Town of Cape Girardeau, Missouri (1 1/2" iron pipe); thence S 82'00'00" E along the South Right of Way Line of Park Street, now vacated, 30.00 feet to the centerline of Spanish Street, now vacated; thence S 08'11'28" W along the centerline of vacated Spanish Street, 116.18 feet; thence leaving said centerline, N 82'00'00" W, 219.10 feet to the centerline of an Alley, now vacated; thence N 08' 11'28" E along the centerline of said Alley, 112.38 feet; thence S 82'00'00" E, 9.10 feet; thence N 54'06'10" E, 5.48 feet to a point in the South Right of Way of Park Street, now vacated; thence S 82'00'00" E along the said Right of Way Line of Park Street, now vacated, 176.06 feet to the POINT OF BEGINNING, hereby declare we have caused these presents to be subdivided into one (1) lot as numbered and designated on the annexed plat, which is a true and correct representation of said subdivision, and we have named said Subdivision "DRAGONFLY SUBDIVISION", subject to all existing easements, rights of way, restrictions and licenses which may exist thereon, either written or implied. IN WITNESS WHEREOF, we have hereunto set our hands this day of 2014. (N/F Debrie Ivey pro THOMAS M. MEYER, TRUSTEE MARY E. MEYER, TRUSTEE perties LLC C� vacated --- (Doc, NO. 2013-04179 THOMAS M. MEYER REVOCABLE LIVING THOMAS M. MEYER REVOCABLE LIVING 1'ark Street (56' TRUST AGREEMENT TRUST AGREEMENT Ci�nce n117nt AL -Right Of Way) DATED SEPTEMBER 09, 2010 DATED SEPTEMBER 09, 2010 S82.00'00'E —) N82 .00,00,c 112,86' 22,00' — — �• THOMAS M. MEYER, TRUSTEE MARY E. MEYER, TRUSTEE _ (North MARY E. MEYER REVOCABLE LIVING MARY E. MEYER REVOCABLE LIVING S82'0(TRUST AGREEMENT TRUST AGREEMENT 00• ReC°rd Plctt� P'O C• 8c I DATED SEPTEMBER 09, 2010 DATED SEPTEMBER 09, 2010 I N5 5 4806'10E 176.06 E 206,06' P.O.B. a ,__ LLJO S82.00'00' n NE Corner Q �O I22.pOD 9,10' E Original City of t 06, Range 30,00' o m o Found 1CaPe Girardeau, I�'• � STATE OF MISSOURI ) N � W W CD 1�2"Iron Pipe) I td `O )SS � N z N N 6b I ru I LOT�l I W COUNTY OF CAPE GIRARDEAU ) Ch I I ¢r I pq{Zj Z 41 p W L0 On this ________day of 2014 before me appeared, Thomas M. O � N : 3 J i7 0.583 m I I q'k t j �C 0) O Meyer and Mary E. Meyer, trustees of the Thomas M. Meyer Revocable Living Trust O o Z CD I o W 2S Acre ± c V do � � � I Agreement dated September 09, 2010, to me personally known, who, by me duly sworn \ 03 Z ^+I (N/F Th ,4128`Sq Vit. ± J I W� , ' y Q' N did say they are the owners of the above described parcel of land and that they did `. v O omas 111 o I ib 6 Q,' F sign the foregoing instrument as their free act and deed. 61 oicz OD F �� (Doc. No. 20 Byer Trust ET AL I CD % 3 N N o 2-00125) I '• ti\ >W o (NO lm11tS� 0 PfOVerng , ( �Z z NOTARY PUBLIC \I I --� 20.0' LOT 06 \\\ I 12.9 I Q My commission expires L _ �i BUSING I 3ET BACK LINE I 20.0' _ 219,10' U I IS. O' Offset N82'00' • — — _ I I � STATE OF MISSOURI ) 1 00 CD I I 00 COUNTY OF CAPE GIRARDEAU ) SS I I LOT 06 U N l I (N/F � On this ________day of ___________, 2014 before me appeared, Thomas M. Meyer and Mary E. Meyer, trustees of the Mary E. Meyer Revocable Living Trust Kenneth v" N Agreement dated September 09, 2010, to me personally known, who, by me duly sworn and Kevin L' Schutt I did say they are the owners of the above described parcel of land and that they did (DOc. NO 'SO • WOOCI) sign the foregoing instrument as their free act and deed. 2012-1466) z \ I Z U O -------------------------------- NOTARY PUBLIC TITLE REFERENCES DOC. NO. 2012-00125 (SUB, ADd, AND EASEMENT) BOOK 0251, PAGE 471 (ADJ) DOC. NO. 2012-14696 (AD7) DOC. NO. 2012-08486 (ADJ) DOC. NO. 2013-04179 (ADd) DOC. NO. 2012-05768 AD7 DOC. NO. 2009-09325 REF) CITY ORDINANCE NO. ALD 1139 ((VACATED PARK STREET) CITY ORDINANCE NO. CFO 1025CITY ORDINANCE NO. CFO 2530 (VACATED LORIMER STREET (196VACATED SPANISH STREET N CITY ORDINANCE NO. CFO 481 (VACATED ALLEY) NOTES rLil►11►[e1_1►1:1:1:11�:11►[e>�9�I:L•�N:�� ZONING RUMD, RESIDENTIAL URBAN MIXED DENSITY DISTRICT FRONT = 20', REAR = 20' SIDE = 3' MINIMUM LOT AREA = 5,000 SQ. FEET MINIMUM LOT WIDTH = 30' LOT NOTES TOTAL NUMBER OF LOTS =1 LARGEST LOT SIZE = 25,412.8 SQ. FEET (0.583 ACRE) SMALLEST LOT SIZE =25,412.8 SQ. FEET (0.583 ACRE) ARCHITECTURAL SERVICES KEYSTONE DESIGN, INC. 310 BROADWAY, SUITE #7 CAPE GIRARDEAU, MO 63701 SUBDIVISION APPLICANT THOMAS M. MEYER 314 N. LORIMIER CAPE GIRARDEAU. MO 63701 LARRY D. DOWDY SURVEYING LICENSED IN MISSOURI & ILLINOIS LARRY D. DOWDY, PLS (MO & IL), MATT DEJOURNETT, LSIT SURVEY AND PLAT PREPARED BY: LARRY D. DOWDY SURVEYING 2323 PERRYVILLE ROAD CAPE GIRARDEAU, MISSOURI 63701 (573) 579-4524 (573) 225-9383 I, Gayle L. Conrad, City Clerk of the City of Cape Girardeau, Missouri hereby certify that this plat was approved by the City of Cape Girardeau, Missouri by Ordinance No. passed and approved this ----------- day of ----------------,2014. GAYLE L. CONRAD, CITY CLERK VICINITY MAP REFERENCES 1. NORTH BASIS = NORTH LINE OF LOT 06, RANGE "F" OF THE ORIGINAL PARK DRIVE TORN OF CAPE GIRARDEAU (N 82"00'00" W). 3. ABSTRACT SITE 4. RECORD PLAT = ORIGINAL TORN OF CAPE GIRARDEAU, MISSOURI. REST LORIMER DRIVE P.O.B. = POINT OF BEGINNING. N P.O.C. = POINT OF COMMENCEMENT. 7. NTS = NOW OR FORMERLY. 8. NTS = NOT TO SCALE. BELLEVUE STREET Lot OB = PREVIOUS LOT NUMBERS 10. of O1 W F w y a a E- z F F z w BROADWAY STREET F w rz F THEMIS STREET x 0 a FLOOD PLAIN STATEMENT THE ENTIRE TRACT OF THE PROPOSED SUBDIVISION IS SHOWN TO BE WITHIN ZONE "X"AS SET FORTH ON COMMUNITY PANEL NO. 29031CO267E WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. ZONE "X"IS NOT WITHIN A FLOOD PRONE AREA. THE UNDERSIGNED, OWNERS IN FEE, OF PART OF LOT 06. RANGE 'I OF THE ORIGINAL TOWN OF CAPE GIRARDEAU, PART OF THE VACATED PORTION OF SPANISH STREET AND THE PUBLIC ALLEY IN RANGE 'I ALL BEING IN THE NORTHWEST QUARTER (NW 1/4) OF SECTION 05, TOWNSHIP 30 NORTH, RANGE 14 EAST IN CAPE GIRARDEAU COUNTY, MISSOURI CONTAINING 0.583 ACRE (MORE OR LESS), DESCRIBED AS FOLLOWS: BEGIN at the northeast corner of Lot 06, Range "F" of the Original Town of Cape Girardeau, Missouri (1 1/2" iron pipe); thence S 82'00'00" E along the South Right of Way Line of Park Street, now vacated, 30.00 feet to the centerline of Spanish Street, now vacated; thence S 08'11'28" W along the centerline of vacated Spanish Street, 116.18 feet; thence leaving said centerline, N 82'00'00" W, 219.10 feet to the centerline of an Alley, now vacated; thence N 08' 11'28" E along the centerline of said Alley, 112.38 feet; thence S 82'00'00" E, 9.10 feet; thence N 54'06'10" E, 5.48 feet to a point in the South Right of Way of Park Street, now vacated; thence S 82'00'00" E along the said Right of Way Line of Park Street, now vacated, 176.06 feet to the POINT OF BEGINNING, hereby declare we have caused these presents to be subdivided into one (1) lot as numbered and designated on the annexed plat, which is a true and correct representation of said subdivision, and we have named said Subdivision "DRAGONFLY SUBDIVISION", subject to all existing easements, rights of way, restrictions and licenses which may exist thereon, either written or implied. IN WITNESS WHEREOF, we have hereunto set our hands this day of 2014. (N/F Debrie Ivey pro THOMAS M. MEYER, TRUSTEE MARY E. MEYER, TRUSTEE perties LLC C� vacated --- (Doc, NO. 2013-04179 THOMAS M. MEYER REVOCABLE LIVING THOMAS M. MEYER REVOCABLE LIVING 1'ark Street (56' TRUST AGREEMENT TRUST AGREEMENT Ci�nce n117nt AL -Right Of Way) DATED SEPTEMBER 09, 2010 DATED SEPTEMBER 09, 2010 S82.00'00'E —) N82 .00,00,c 112,86' 22,00' — — �• THOMAS M. MEYER, TRUSTEE MARY E. MEYER, TRUSTEE _ (North MARY E. MEYER REVOCABLE LIVING MARY E. MEYER REVOCABLE LIVING S82'0(TRUST AGREEMENT TRUST AGREEMENT 00• ReC°rd Plctt� P'O C• 8c I DATED SEPTEMBER 09, 2010 DATED SEPTEMBER 09, 2010 I N5 5 4806'10E 176.06 E 206,06' P.O.B. a ,__ LLJO S82.00'00' n NE Corner Q �O I22.pOD 9,10' E Original City of t 06, Range 30,00' o m o Found 1CaPe Girardeau, I�'• � STATE OF MISSOURI ) N � W W CD 1�2"Iron Pipe) I td `O )SS � N z N N 6b I ru I LOT�l I W COUNTY OF CAPE GIRARDEAU ) Ch I I ¢r I pq{Zj Z 41 p W L0 On this ________day of 2014 before me appeared, Thomas M. O � N : 3 J i7 0.583 m I I q'k t j �C 0) O Meyer and Mary E. Meyer, trustees of the Thomas M. Meyer Revocable Living Trust O o Z CD I o W 2S Acre ± c V do � � � I Agreement dated September 09, 2010, to me personally known, who, by me duly sworn \ 03 Z ^+I (N/F Th ,4128`Sq Vit. ± J I W� , ' y Q' N did say they are the owners of the above described parcel of land and that they did `. v O omas 111 o I ib 6 Q,' F sign the foregoing instrument as their free act and deed. 61 oicz OD F �� (Doc. No. 20 Byer Trust ET AL I CD % 3 N N o 2-00125) I '• ti\ >W o (NO lm11tS� 0 PfOVerng , ( �Z z NOTARY PUBLIC \I I --� 20.0' LOT 06 \\\ I 12.9 I Q My commission expires L _ �i BUSING I 3ET BACK LINE I 20.0' _ 219,10' U I IS. O' Offset N82'00' • — — _ I I � STATE OF MISSOURI ) 1 00 CD I I 00 COUNTY OF CAPE GIRARDEAU ) SS I I LOT 06 U N l I (N/F � On this ________day of ___________, 2014 before me appeared, Thomas M. Meyer and Mary E. Meyer, trustees of the Mary E. Meyer Revocable Living Trust Kenneth v" N Agreement dated September 09, 2010, to me personally known, who, by me duly sworn and Kevin L' Schutt I did say they are the owners of the above described parcel of land and that they did (DOc. NO 'SO • WOOCI) sign the foregoing instrument as their free act and deed. 2012-1466) z \ I Z U O -------------------------------- NOTARY PUBLIC TITLE REFERENCES DOC. NO. 2012-00125 (SUB, ADd, AND EASEMENT) BOOK 0251, PAGE 471 (ADJ) DOC. NO. 2012-14696 (AD7) DOC. NO. 2012-08486 (ADJ) DOC. NO. 2013-04179 (ADd) DOC. NO. 2012-05768 AD7 DOC. NO. 2009-09325 REF) CITY ORDINANCE NO. ALD 1139 ((VACATED PARK STREET) CITY ORDINANCE NO. CFO 1025CITY ORDINANCE NO. CFO 2530 (VACATED LORIMER STREET (196VACATED SPANISH STREET N CITY ORDINANCE NO. CFO 481 (VACATED ALLEY) NOTES rLil►11►[e1_1►1:1:1:11�:11►[e>�9�I:L•�N:�� ZONING RUMD, RESIDENTIAL URBAN MIXED DENSITY DISTRICT FRONT = 20', REAR = 20' SIDE = 3' MINIMUM LOT AREA = 5,000 SQ. FEET MINIMUM LOT WIDTH = 30' LOT NOTES TOTAL NUMBER OF LOTS =1 LARGEST LOT SIZE = 25,412.8 SQ. FEET (0.583 ACRE) SMALLEST LOT SIZE =25,412.8 SQ. FEET (0.583 ACRE) ARCHITECTURAL SERVICES KEYSTONE DESIGN, INC. 310 BROADWAY, SUITE #7 CAPE GIRARDEAU, MO 63701 SUBDIVISION APPLICANT THOMAS M. MEYER 314 N. LORIMIER CAPE GIRARDEAU. MO 63701 LARRY D. DOWDY SURVEYING LICENSED IN MISSOURI & ILLINOIS LARRY D. DOWDY, PLS (MO & IL), MATT DEJOURNETT, LSIT SURVEY AND PLAT PREPARED BY: LARRY D. DOWDY SURVEYING 2323 PERRYVILLE ROAD CAPE GIRARDEAU, MISSOURI 63701 (573) 579-4524 (573) 225-9383 I, Gayle L. Conrad, City Clerk of the City of Cape Girardeau, Missouri hereby certify that this plat was approved by the City of Cape Girardeau, Missouri by Ordinance No. passed and approved this ----------- day of ----------------,2014. GAYLE L. CONRAD, CITY CLERK 2323 PERRYVILLE ROAD CAPE GIRARDEAU, MO 63701 Ph: (573)335-0464 Fax: (573)335-4895 Cell: (573)225-9383 My commission STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) Filed for record in the office of the county Recorder of Deeds of Cape Girardeau County, Missouri duly recorded under document number , at Jackson, Missouri, on this day of 12014 A.D. SCOTT R. CLARK, RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MISSOURI SURVEY CERTIFICATION THIS IS TO CERTIFY THAT I HAVE SURVEYED THE FOREGOING DESCRIBED PARCEL OF LAND AND HAVE PREPARED THE ANNEXED PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SURVEY, TO THE BEST OF MY ABILITY AND THAT SAID PLAT AND SURVEY WERE DONE IN ACCORDANCE WITH THE CURRENT MINIMUMS FOR LAND SURVEYS IN THE STATE OF MISSOURI FOR LAND SURVEYS AS SET OUT BY THE MISSOURI DEPARTMENT OF AGRICULTURE, WEIGHTS, MEASURES AND CONSUMERS DIVISION EFFECTIVE OCTOBER 30, 2003. DONE THIS 29 th. DAY OF SEPTEMBER , 2014. LARRY D. DOWDY, MO—PLS-1518 2323 PERRYVILLE ROAD CAPE GIRARDEAU, MISSOURI 63701 EMAIL: Idondl944@yahoo.com, mattdejournett@hotmail.com ASSESSORS MAP No.: 16-719 DATE: 09/29/14 COMMENTS JOB NUMBER: 2014-155 REVISION 1: DRAWN BY: MDD REVISION 2: CHECKED BY: LDD REFERENCES 1. NORTH BASIS = NORTH LINE OF LOT 06, RANGE "F" OF THE ORIGINAL 2. TORN OF CAPE GIRARDEAU (N 82"00'00" W). 3. ABSTRACT OF TITLE. 4. RECORD PLAT = ORIGINAL TORN OF CAPE GIRARDEAU, MISSOURI. 5. P.O.B. = POINT OF BEGINNING. 6. P.O.C. = POINT OF COMMENCEMENT. 7. N/F = NOW OR FORMERLY. 8. NTS = NOT TO SCALE. 9. Lot OB = PREVIOUS LOT NUMBERS 10. of O1 = NEW LOT NUMBERS 2323 PERRYVILLE ROAD CAPE GIRARDEAU, MO 63701 Ph: (573)335-0464 Fax: (573)335-4895 Cell: (573)225-9383 My commission STATE OF MISSOURI ) )SS COUNTY OF CAPE GIRARDEAU ) Filed for record in the office of the county Recorder of Deeds of Cape Girardeau County, Missouri duly recorded under document number , at Jackson, Missouri, on this day of 12014 A.D. SCOTT R. CLARK, RECORDER OF DEEDS CAPE GIRARDEAU COUNTY, MISSOURI SURVEY CERTIFICATION THIS IS TO CERTIFY THAT I HAVE SURVEYED THE FOREGOING DESCRIBED PARCEL OF LAND AND HAVE PREPARED THE ANNEXED PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SURVEY, TO THE BEST OF MY ABILITY AND THAT SAID PLAT AND SURVEY WERE DONE IN ACCORDANCE WITH THE CURRENT MINIMUMS FOR LAND SURVEYS IN THE STATE OF MISSOURI FOR LAND SURVEYS AS SET OUT BY THE MISSOURI DEPARTMENT OF AGRICULTURE, WEIGHTS, MEASURES AND CONSUMERS DIVISION EFFECTIVE OCTOBER 30, 2003. DONE THIS 29 th. DAY OF SEPTEMBER , 2014. LARRY D. DOWDY, MO—PLS-1518 2323 PERRYVILLE ROAD CAPE GIRARDEAU, MISSOURI 63701 EMAIL: Idondl944@yahoo.com, mattdejournett@hotmail.com ASSESSORS MAP No.: 16-719 DATE: 09/29/14 COMMENTS JOB NUMBER: 2014-155 REVISION 1: DRAWN BY: MDD REVISION 2: CHECKED BY: LDD Staff` Ryan Shrimplin, AICP - City Agenda: Planner 12/1/2014 SUBJECT An Ordinance authorizing property acquisition for Bloomfield Road Phase V improvements between Benton Hill Road and White Oaks Lane. EXECUTIVE SUMMARY The attached Ordinance authorizes City staff to acquire easements and fee simple interest needed for Bloomfield Road Phase V (Benton Hill Road to White Oaks Lane). BACKGROUND/DISCUSSION Bloomfield Road Phase V is one of several projects funded by the fourth Transportation Trust Fund (TTF 4), which was approved by voters on August 3, 2010. Phase V will connect to the improvements made as part of Bloomfield Road Phases I - IV. Plans for Phase V, which is between Benton Hill Road and White Oaks Lane, include improvements to the roadway and the construction of a trail. The attached ordinance authorizes City staff to acquire easements and fee simple interest needed for the project, which will affect 13 property owners and 19 parcels. FINANCIAL IMPACT Funding for Bloomfield Road Phase V is from TTF 4. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Bloomfield Road Phase V will provide a safer roadway and extend the existing trail system. The acquisition of property is reasonable and necessary in order to make these improvements. STAFF RECOMMENDATION Staff recommends approval of the ordinance authorizing the acquisition of property for Bloomfield Road Phase V. ATTACHMENTS: Name: ❑ Bloomfield Road Phase V.doc Description: Bloomfield Phase V Ordinance ❑ Bloomfield Road Phase V Pro act Map.pdf Bloomfield Road Phase V Properties Affected - Map BILL NO. 14-183 ORDINANCE NO. AN ORDINANCE AUTHORIZING PROPERTY ACQUISITION FOR BLOOMFIELD ROAD PHASE V IMPROVEMENTS BETWEEN BENTON HILL ROAD AND WHITE OAKS LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Staff is authorized and directed to acquire the necessary easements and fee simple interest to provide public access and improvements between Benton Hill Road and White Oaks Lane from the record title owners of or other parties interested in the real estate, in the City of Cape Girardeau, Missouri. The City staff is hereby authorized and directed to accept offers of donation of property needed, make appropriate offers of purchase to the owners of the properties based on values provided by professional appraisers; to negotiate with the owners of the property in an effort to reach agreement for the purchase of the property needed and if the negotiations fail, then to proceed to acquire the needed properties through the exercise of the City's powers of Eminent Domain. All of the above actions heretofore taken by City Staff relating to this Project are hereby authorized and ratified by the City Council. ARTICLE 2. The property to be acquired is hereby described as follows: TEMPORARY CONSTRUCTION EASEMENT Sandy McLane -Donley Property 41 County Road 206 A tract of land being part of property as described in deed recorded in Book 732, Page 21 of the Cape Girardeau County Recorder of Deeds Office, being part of U.S. Survey 787, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: 1 Commencing at centerline realignment Station 00+00 on the centerline of Bloomfield Road as traveled; thence along the east line of said property and said centerline S22° -08'-18"W 55.14 ft. to a point, thence along a curve deflecting to the left having a radius of 900.00 ft., an arc length of 259.37 ft., a chord bearing of S13°- 52' -57"W, a chord distance of 258.47 ft. to a point, thence S050 -37'-35"W 21.69 ft. to the intersection of said line and the south line of said property, also being the north line of property described in Book 690, Page 718 of said Recorder's Office at center realignment station 3+36.20; thence leaving said line along said south property line and said north property line N840 -11'-38"W 30.00 ft. to a set iron rod at the intersection of said south line and the new west right of way line of said Bloomfield Road at the point of beginning, continue thence along said line N840 -11'-38"W 40.00 ft. to a point; thence leaving said line N050 -37'-35"E 21.47 ft. to a point; thence along a curve deflecting to the right having a radius of 970.00 ft., an arc length of 152.60 ft., a chord bearing of N100- 08' -01"E, a chord distance of 152.45 ft. to a point; thence S750 -21'-34"E 40.00 ft. to a point on said west right of way line; thence along said west right of way line along a curve deflecting to the left having a radius of 930.00 ft., an arc length of 146.31 ft., a chord bearing of S100- 08' -01"W, a chord distance of 146.16 ft. to a set iron rod, thence S050 -37'-35"W 21.60 ft. to the point of beginning, containing 6,840 Square Feet. FEE SIMPLE Sandy McLane Property 41 County Road 206 A tract of land being part of property as described in deed recorded in Book 732, Page 21 of the Cape Girardeau County Recorder of Deeds Office, being part of U.S. Survey 787, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: 2 Beginning at centerline realignment Station 00+00 on the centerline of Bloomfield Road as traveled; thence along the east line of said property and said centerline S220 -08'-18"W 55.14 ft. to a point, thence along a curve deflecting to the left having a radius of 900.00 ft., an arc length of 259.37 ft., a chord bearing of S130 -52'-57"W, a chord distance of 258.47 ft. to a point, thence S050 -37'-35"W 21.69 ft. to the intersection of said line and the south line of said property, also being the north line of property described in Book 690, Page 718 of said Recorder's Office at center realignment station 3+36.20; thence leaving said line along said south property line and said north property line N840 -11'-38"W 30.00 ft. to a set iron rod at the intersection of said south line and the new west right of way line of said Bloomfield Road; thence leaving said south line and said north line along said new right of way line N050 -37'-35"E 21.60 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 930.00 ft., an arc length of 268.01 ft., a chord bearing of N130 -52'-57"E, a chord distance of 267.09 ft. to a set iron rod, thence N220 -08'-18"E 55.14 ft. to a set iron rod at the Northwest Corner of said new right of way; thence leaving said west right of way line along the new north right of way line S670 -51'-42"E 30.00 ft. to the point of beginning, containing 10,214 Square Feet. TEMPORARY CONSTRUCTION EASEMENT Patrick Frissell Evans Property 42 County Road 206 A tract of land being part of property as described in Book 690, Page 718 of the Cape Girardeau County Register of Deeds Office, being part of U.S. Survey 787, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Commencing at centerline realignment Station 3+36.20 also being the northeast corner of said deed, thence along the north line of said deed 3 and the south line of property described in Book 732, Page 21 of said Recorder's Office; N84° -11'- 38"W 30.00 ft. to a set iron rod on the new west right of way line of Bloomfield Road at the point of beginning; thence along said west right of way line S05° -37'-35"W 170.31 ft. to a point; thence leaving said right of way line N84° -22'-25"W 40.00 ft. to a point; thence N05° -37'-35"E 170.43 ft. to a point; thence S84° -11'-38"E 40.00 ft. to the point of beginning, containing 6,815 Square Feet. FEE SIMPLE Patrick Frissell Evans Property 42 County Road 206 A tract of land being part of property as described in Book 690, Page 718 of the Cape Girardeau County Register of Deeds Office, being part of U.S. Survey 787, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 3+36.20 also being the northeast corner of said deed, thence along said centerline and the east line of said property S05° -37'-35"W 205.89 ft. to a point, thence along a curve deflecting to the right having a radius of 3,000.00 ft., an arc length of 42.52 ft., a chord bearing of S060 -01'- 57"W, a chord distance of 42.52 ft. to the southeast corner of said deed at centerline realignment station 5+84.61; thence leaving said line along the south line of said property and the north line of property of Dalhousie LCC N840- 08' -22"W 30.00 ft. to a set iron rod at the intersection of said south line and the new west right of way line of Bloomfield Road; thence leaving said property line along said new west right of way line along a curve deflecting to the left having a radius of 2970.00 ft., an arc length of 42.40 ft., a chord bearing of N060 -02'- 08"E, a chord distance of 42.40 ft. to a set iron rod, thence N050 -37'-35"E 205.99 ft. to a set iron rod at the intersection of said new west 4 right of way line and the north line of said property, also being the south line of property described in Book 732, Page 21 of said Recorder's Office; thence leaving said new west right of way line along said property line S84° -11'-38"E 30.00 ft. to the point of beginning, containing 7,452 Square Feet. TEMPORARY CONSTRUCTION EASEMENT Dalhousie, LLC Property 43A 4700 Cord's Way A tract of land 317, Township 30 P.M., City of County, to wit: being part of North, Range 13 Cape Girardeau, U.S. Survey No. East of the 5th Cape Girardeau Commencing at centerline realignment Station 5+84.61, also being on the north line of said U.S. Survey No. 317, also being the southeast corner of property as described in Book 690, Page 718 of the Cape Girardeau County Recorder's Office; thence along the south line of said property and Dalhousie LLC north property line N840 -08'-22"W 30.00 ft. to set iron rod on the new west right of way line of said Bloomfield Road; thence leaving said line along said west right of way line along a curve deflecting to the right having a radius of 2970.00, an arc length of 8.41 ft., a chord bearing of S060 -31'-32"W, a chord distance of 8.41 ft. to a set iron rod, thence S060 -36'-24"W 385.80 ft. to the point of beginning; continue thence along said right of way line S060 -36'-24"W 18.00 ft. to the Northeast Corner of the proposed Trail Easement; thence leaving said right of way line along the north line of said Trial Easement N830 -23'-36"W 16.00 ft. to the Northwest Corner of said Trail Easement; thence leaving said north easement line along the west line of said Trail Easement S060- 36' -24"W 160.12 ft. to a point, thence along a curve deflecting to the right having a radius of 3954.00 ft., an arc length of 19.58 ft., a chord bearing of S060 -44'-55"W, a chord distance of 19.58 ft. to a point; thence leaving said line 5 N830 -06'-35"W 9.00 ft. to a point; thence along a curve deflecting to the left having a radius of 3945.00 ft., an arc length of 19.53 ft., a chord bearing of N06 -44'-55"E, a chord distance of 19.53 ft. to a point; thence leaving N060 -36'- 24"E 178.12 ft. to a point; thence S830 -23'-36"E 25.00 ft. to the point of beginning, containing 2,067 Square Feet. TRAIL EASEMENT Dalhousie, LLC Property 43A 4700 Cord's Way A tract of land being part of U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at Point "A" as described above, thence along said property line N860 -09'-40"W 16.21 ft. to the west right of way line of said Trail Easement; thence leaving said property line along said west right of way line along a curve deflecting to the left having a radius of 854.00 ft., an arc length of 67.43 ft., a chord bearing of N100 -54'-10"E, a chord distance of 67.42 ft. to a point, thence N080 -38'-27"E 243.26 ft. to a point, thence N090 -18'-08"E 71.27 ft. to a point, thence N090 -59'-17"E 283.26 ft. to a point, thence along a curve deflecting to the left having a radius of 3,954.00 ft., an arc length of 233.59 ft., a chord bearing of N080 -17'-57"E, a chord distance of 233.55 ft. to a point, thence N060 -36'-24"E 160.12 ft. to the Northwest Corner of said Trail Easement; thence leaving said west easement line along the north line of said Trail Easement S830 -23'-36"E 16.00 ft. to the Northeast Corner of said easement, along being on the new west right of way line of said Bloomfield Road; thence along the east right of way line of said Trail Easement and said new west right of way line S060 -36'-24"W 160.12 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 3,970.00 ft., an arc length of 234.53 ft., a chord bearing of S080 -17'-57"W, a 6 chord distance of 234.50 ft. to a set iron rod, thence S09° -59'-29"W 280.36 ft. to a set iron rod, thence S09° -18'-58"W 73.79 ft. to a set iron rod, thence S08° -38'-27"W 243.26 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 870.00 ft., an arc length of 66.07 ft., a chord bearing of S100 -48'- 59"W, a chord distance of 66.06 ft. to the point of beginning, containing 16,935 Square Feet. FEE SIMPLE Dalhousie, LLC Property 43A 4700 Cord's Way A tract of land being part of U.S. Survey No. 317, Township 30 North, Range 13 East of the 5" P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 5+84.61, also being on the north line of said U.S. Survey No. 317, also being the southeast corner of property as described in Book 690, Page 718 of the Cape Girardeau County Recorder's Office; thence along the east line of said property along a curve deflecting to the right having a radius of 3,000.00 ft., an arc length of 8.80 ft., a chord bearing of S060 -31'-21"W, a chord distance of 8.80 ft. to a point, thence S060 -36'-24"W 563.92 ft. to a point, thence along a curve deflecting to the right having a radius of 4000.00 ft. an arc length of 236.30 ft., a chord bearing of S080 -17'-57"W, a chord distance of 236.27 ft. to a point, thence S090 -59'-29"W 281.54 ft. to a point, thence S090 -18'-58"W 70.72 ft. to a point, thence S080 -38'-27"W 244.44 ft. to a point, thence along a curve deflecting to the right having a radius of 900.00 ft., an arc length of 63.52 ft., a chord bearing of S100 -39'- 45"W, a chord distance of 63.50 ft. to the intersection of said east property line and said centerline and the south line of the Dalhousie LLC property, also being the north line of property as described in Document # 2004-10542 of said Recorder's Office at centerline realignment 7 station 20+53.85; thence leaving said east property line and said centerline along said south property line and said north property line N860 -09'-40"W 30.37 ft. to a set iron rod at the intersection of said property line and the new west right of way line of said Bloomfield Road also being Point "A"; thence leaving said property line along said new west right of way line along a curve deflecting to the left having a radius of 870.00 ft., an arc length of 66.07 ft., a chord bearing of N100 -48'-59"E, a chord distance of 66.06 ft. to a set iron rod, thence N080 -38'-27"E 243.26 ft. to a set iron rod, thence N090 -18'-58"E 73.79 ft. to a set iron rod, thence N090 -59'-29"E 280.36 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 3970.00 ft., an arc length of 234.53 ft., a chord bearing of N080 -17'-57"E, a chord distance of 234.50 ft. to a set iron rod, thence N060 -36'-24"E 563.92 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 2970.00 ft., an arc length of 8.41 ft., a chord bearing of N060 -31'-32"E, a chord distance of 8.41 ft. to a set iron rod on said U.S. Survey line and said property line; thence leaving said new west right of way line along said U.S. Survey line and said property line S840 -08'-22"E 30.00 ft. to the point of beginning, containing 44,092 Square Feet. FEE SIMPLE Dalhousie, LLC Property 43B 4700 Cord's Way A tract of land 317, Township 30 P.M., City of County, to wit: being part of U.S. North, Range 13 East Cape Girardeau, Cape Survey No. of the 5" Girardeau Beginning at centerline realignment Station 24+12.29 at the northeast property corner of said Dalhousie property, also being the Southeast Corner of property as described in Document No. 2004-10542 of the said Recorder's Office, also being on the centerline of Bloomfield Road as 3 traveled; thence along said centerline and the east line of said property along a curve deflecting to the right having a radius of 10,000.00 ft., an arc of 155.98 ft., a chord bearing of S21° -57'-47"W, a chord distance of 155.98 ft. to the southeast corner of said property, also being the northeast corner of property described in Document No. 2008-12252 of said Recorder's Office at centerline realignment station 25+70.29; thence leaving said line along said property line N670 -51'-28"W 30.00 ft. to a set iron rod at the intersection of said property line and the new west right of way line of said Bloomfield Road at Point "A"; thence leaving said property line along said west right of way line along a curve deflecting to the left having a radius of 9970.00 ft., an arc distance of 150.38 ft., a chord bearing of N210 -58'-43"E, a chord distance of 150.38 ft. to a set iron rod at the intersection of said property line and said new west right of way line; thence leaving said west right of way line along said property line S780- 27' -13"E 30.46 ft. to the point of beginning, containing 4,595 Square Feet. TRAIL EASEMENT Dalhousie, LLC Property 43B 4700 Cord's Way A tract of land 317, Township 30 P.M., City of County, to wit: being part of U.S. Survey No. North, Range 13 East of the 5th Cape Girardeau, Cape Girardeau Beginning at Point "A" at the intersection of said property line and the east right of way line of the Trail Easement, also being on the new west right of way line of said Bloomfield Road; thence along said property line N670 -51'-28"W 16.00 ft. to a point on the west right of way line of said trail easement; thence leaving said property line along said west right of way line along a curve deflecting to the left having a radius of 9954.00 ft., an arc length of 147.39 ft., a chord bearing of N210 -59'-13"E, a chord distance of 9 147.39 ft. to the intersection of said west trial easement right of way line and the said property line; thence leaving said west trail easement right of way line along said property line S780- 27' -13"E 16.25 ft. to the northeast corner of said easement, also being on the new west right of way line of said Bloomfield Road; thence along the east right of way line of said Trail Easement and said new west right of way line along a curve deflecting to the right having a radius of 9970.00 ft., an arc length of 150.38 ft., a chord bearing of S210 -58'-43"W, a chord distance of 150.38 ft., to the point of beginning, containing 2,382 Square Feet. FEE SIMPLE Dalhousie, LLC Property 43C 4700 Cord's Way A tract of land being part of U.S. Survey No. 317, Township 30 North, Range 13 East of the 5" P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 30+63.40 at the northeast corner of property owned by Dalhousie LLC, and the south line of property as described in Document No. 2008-12252 of the Cape Girardeau County Recorder of Deeds Office, also being on the centerline of Bloomfield Road as traveled; thence along said centerline and the east line of said property S220 -49'-47"W 13.51 ft. to a point, thence S230- 01' -37"W 180.93 ft. to the southeast corner of said property also being the northeast corner of property of Elmwood Limited Family Partnership also being at centerline realignment station 32+57.85; thence leaving said centerline and said east property line along south line of Dalhousie property and the north line of said Elmwood property N620 -40'-47"W 30.08 ft. to a set iron rod at the intersection of said property line and the new west right of way line of said Bloomfield Road, also being Point "A"; thence leaving said property line along said new west right of way 10 line N23° -01'-37"E 10.00 ft. to a set iron rod, thence N23° -01'-35"E 168.92 ft. to a set iron rod, thence N22° -49'-47"E 11.38 ft. to a set iron rod at the intersection of said west right of way line and said property line; thence leaving said west right of way line along said property line S700 -34'-51"E 30.05 ft. to the point of beginning, containing 5,771 Square Feet. TRAIL EASEMENT Dalhousie, LLC Property 43C 4700 Cord's Way A tract of land 317, Township 30 P.M., City of County, to wit: being part of North, Range 13 Cape Girardeau, U.S. Survey No. East of the 5th Cape Girardeau Beginning at Point "A" at the intersection of the said property line and the new west right of way line of said Bloomfield Road; thence along said property line N620 -40'-47"W 11.24 ft. to a point, thence N830 -52'-53"W 5.01 ft. to the intersection of said property line and the west right of way line of said Trail Easement; thence leaving said property line along said west right of way line N230 -01'-37"E 11.26 ft. to a point; thence along a curve deflecting to the left having a radius of 18.06 ft., an arc length of 15.51 ft., a chord bearing of N00° -36'-18"E, a chord distance of 15.04 ft. to a point, thence N240 -01'-44"W 86.66 ft. to a point, thence along a curve deflecting to the right having a radius of 37.00 ft., an arc length of 26.49 ft., a chord bearing of N030 -31'- 00"W, a chord distance of 25.93 ft.to a point, thence N160 -59'-39"E 44.33 ft. to a point, thence along a curve deflecting to the right having a radius of 37.00 ft., an arc length of 22.06 ft., a chord bearing of N340 -04'-41"E, a chord distance of 21.74 ft. to the intersection of said west right of way line and the north property line of said Dalhousie LLC property, also being the south line of said Document No. 2008-12252; thence leaving said west right of way line along said property line S780 -31'-12"E 27.59 ft. to the 11 intersection of said property line and the east right of way line of said Trail Easement; thence leaving said property line along said east right of way line S71° -58'-32"W 10.86 ft. to a point, thence along a curve deflecting to the left having a radius of 21.00 ft., an arc length of 20.15 ft., a chord bearing of S44° -29'-05"W, a chord distance of 19.39 ft. to a point, thence S160 -59'-39"W 44.33 ft. to a point, thence along a curve deflecting to the left having a radius of 21.00 ft., an arc length of 15.04 ft., a chord bearing of S030 -31'-00"E, a chord distance of 14.72 ft. to a point, thence S240 -01'-44"E 86.66 ft. to a point, thence along a curve deflecting to the right having a radius of 34.12 ft., an arc length of 29.30 ft., a chord bearing of S00° -36'- 21"W, a chord distance of 28.41 ft. to a point on the new west right of way line of said Bloomfield Road, continue thence along said east right line and said west right of way line S230 -01'-37"W 10.00 ft. to the point of beginning, containing 3,355 Square Feet. FEE SIMPLE Mary Elizabeth Auer Property 44 4802 County Road 205 A tract of land being part of the property as described in Document 42004-10542 of the Cape Girardeau County Register of Deed Office, and being part of U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 20+53.85 at the northeast corner of said property, also being the southeast corner of property owned by Dalhousie LLC, also being on the centerline of Bloomfield Road as traveled; thence along said centerline and the east property line of said deed along a curve deflecting to the right having a radius of 900.00 ft., an arc length of 129.05 ft., a chord bearing of S160 -47'-32"W, a chord distance of 128.94 ft. to a point, thence S200 -54'-01"W 121.86 ft. to a 12 point, thence along a curve deflecting to the right having a radius of 10,000.00 ft., an arc length of 107.52 ft., a chord bearing of S21°- 12' -30"W, a chord distance of 107.52 ft. to the southeast corner of said property, also being the northeast corner of property owned by said Dalhousie LLC at centerline realignment station 24+12.29; thence leaving said centerline along said property line N780 -27'-13"W 30.46 ft. to a set iron rod at the intersection of said property line and the new west right of way line of Bloomfield Road at Point "A"; thence leaving said property line along said new west right of way line along a curve deflecting to the left having a radius of 9,970.00 ft., an arc length of 112.47 ft., a chord bearing of N210 -13'-24"E, a chord distance of 112.47 ft. to a set iron rod, thence N200 -54'-01"E 121.86 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 870.00 ft., an arc length of 120.08 ft., a chord bearing of N160 -56'-46"E, a chord distance of 119.99 ft. to a set iron rod on said property line; thence leaving said new west right of way line along said property line S860- 09' -40"E 30.37 ft. to the point of beginning, containing 10,693 Square Feet. TRAIL EASEMENT Mary Elizabeth Auer Property 44 4802 County Road 205 A tract of land being part property as described in Document 42004-10542 of the Cape Girardeau County Register of Deed Office, and being part of U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at Point "A" at the intersection of said property line new west right of way line of Bloomfield Road; thence along said property line N780 -27'-13"W 16.25 ft. to the west right of way line of said Trail Easement; thence leaving said property line along said west right of way line along a curve deflecting to the left having a 13 radius of 9954.00 ft., an arc length of 115.11 ft., a chord bearing of N21° -13'-54"E, a chord distance of 115.11 ft. to a point, thence N20°- 54' -01"E 121.86 ft. to a point, thence along a curve deflecting to the left having a radius of 854.00 ft., an arc length of 115.30 ft., a chord bearing of N17° -01'-57"E, a chord distance of 115.21 ft. to the intersection of said property line and said west easement right of way line; thence leaving said west right of way line along said property line S860 -09'-40"E 16.21 ft. to a set iron rod on the west right of way line of said road; thence leaving said property line along the east right of way line of said trail easement and said west right of way line along a curve deflecting to the right having a radius of 870.00 ft., an arc length of 120.08 ft., a chord bearing of S160 -56'-46"W, a chord distance of 119.99 ft. to a set iron rod, thence S200 -54'- 01"W 121.86 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 9970.00 ft., an arc length of 112.47 ft., a chord bearing of S210 -13'-24"W, a chord distance of 112.47 ft. the point of beginning, containing 5,653 Square Feet. FEE SIMPLE EED Development LLC Property 45 Bloomfield Road A tract of land being part of property as described in Document 42008-12252 of the Cape Girardeau County Register of Deed Office, being part of U.S. Survey No. 317, Township 30 North, Range 13 East of the 5" P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 25+68.27 at the Northeast Corner of said property, also being the Southeast Corner of the Dalhousie LLC property, also being on the centerline of Bloomfield Road as traveled; thence along said centerline and the east property line of said deed along a curve deflecting to the right having a radius of 10,000.00 ft., an arc 14 length of 73.27 ft., a chord bearing of S220 -371- 12"W, a chord distance of 73.27 ft. to a point, thence S220 -49'-47"W 421.86 ft. to the Southeast Corner of said property, also being the Northeast Corner of property owned by Dalhousie LLC at centerline realignment station 30+63.40; thence leaving said line along said property line N700- 34' -51"W 30.05 ft. to a set iron rod at the intersection of said property line and the new west right of way line of said Bloomfield Road; thence leaving said property line along said west right of way line N220 -49'-47"E 63.49 ft. to Point "A", continue thence along said west right of way line and the east right of way line of a Trail Easement N220 -49'-47"E 360.16 ft. to a set iron rod, thence along a curve deflecting left having a radius of 9,970.00 ft., an arc length of 72.91 ft., a chord bearing of N220 -37'-13"E, a chord distance of 72.91 ft. to a set iron rod on said property line; thence leaving said new west right of way line along said property line S670- 51' -28"E 30.00 ft. to the point of beginning, containing 14,874 Square Feet. TRAIL EASEMENT EED Development LLC Property 45 Bloomfield Road A tract of land being part of property as described in Document 42008-12252 of the Cape Girardeau County Register of Deed Office, and being part of U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning Point "A" on the new west right of way of said Bloomfield Road and the east right of way line of the Trail Easement; thence along said east right of way line along a curve deflecting to the right having a radius of 34.04 ft., an arc length of 28.25 ft. a chord bearing of S470 -24'- 10"W, a chord distance of 27.45 ft. to a point, thence S710 -58'-32"W 77.76 ft. to the intersection of said east easement right of way line and said property line; thence along said 15 property line N780 -31'-12"W 27.59 ft. to the intersection of said property line and the west right of way line of said easement; thence leaving said property line along said west right of way line along a curve deflecting to the right having a radius of 37.00 ft., an arc length of 13.44 ft., a chord bearing of N610 -34'-08"E, a chord distance of 13.37 ft. to a point, thence N710 -58'-32"E 88.62 ft. to a point, thence along a curve deflecting to the left having a radius of 18.08 ft., an arc length of 14.53 ft., a chord bearing of N470 -24'-10"E, a chord distance of 14.14 ft. to a point, thence N220 -49'-47"E 360.16 ft. to a point, thence along a curve deflecting to the left having a radius of 9,954.00 ft., an arc length of 72.72 ft., a chord bearing of N220- 37' -14"E, a chord distance of 72.72 ft. to the intersection of said west easement line and said property line; thence leaving said west easement right of way line along said property line S670- 51' -28"E 16.00 ft. to a set iron rod at the intersection of said property line and the said new west right of way line; thence leaving said property line along the east right of way line of said trail easement, also being said west right of way line along a curve deflecting to the right having a radius of 9,970.00 ft., an arc length of 72.91 ft., a chord bearing of S220 -37'-13"W, a chord distance of 72.91 ft. to a set iron rod, thence S220 -49'-47"W 360.16 ft. to the point of beginning, containing 8,724 Square Feet. FEE SIMPLE Elmwood Farms Limited Family Partnership Property 46 County Road 205 A tract of land being part of U.S. Survey No. 317, and part of Fractional Section 15, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 32+57.85 at the Northeast Corner of Elmwood Farms Limited Family Partnership property, also being on the centerline of Bloomfield Road as traveled, 16 also being the Southeast Corner of Dalhousie LLC property; thence along the east line of said property and said centerline S23° -01'-37"W 121.29 ft. to a point, thence along a curve deflecting to the right having a radius of 350.00 ft., an arc length of 195.66 ft., a chord bearing of S390 -03'-15"W, a chord distance of 193.12 ft. to a point, thence S550 -04'-09"W 178.23 ft. to a point, thence along a curve deflecting to the right having a radius of 650.00 ft., an arc length of 105.05 ft., a chord bearing of S590- 41' -57"W, a chord distance of 104.94 ft. to a point, thence S640 -19'-46"W 92.34 ft. to a point, thence along a curve deflecting to the left having a radius of 300.00 ft., an arc length of 99.21 ft., a chord bearing of S540 -51'-21"W, a chord distance of 98.76 ft. to a point, thence S450 -22'-56"W 113.19 ft. to a point, thence along a curve deflecting to the left having a radius of 700.00 ft., an arc length of 414.94 ft., a chord bearing of S280 -24'-02"W, a chord distance of 408.89 ft. to a point, thence S110 -25'-09"W 174.05 ft. to the southeast corner of said property, also being the Northeast Corner of Dalhousie LLC property at centerline realignment station 47+63.20; thence leaving said line along said Elmwood south property line and the north property line of said Dalhousie LLC N48011' -03"W 53.12 ft. to a set iron rod at the intersection of said property line and the new west right of way line of Bloomfield Road at Point "A"; thence leaving said property line along said west right of way line N110 -32'-58"E 152.42 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 730.00 ft., an arc length of 423.26 ft., a chord bearing of N280- 09' -36"E, a chord distance of 417.36 ft. to a set iron rod, thence N440 -46'-13"E 113.32 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 430.00 ft., an arc length of 141.67 ft., a chord bearing of N540- 12' -31"E, a chord distance of 141.03 ft. to a set iron rod, thence N630 -38'-48"E 202.07 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 720.00 ft., an arc length of 107.79 ft., a chord bearing of N590- 21' -28"E, a chord distance of 107.69 ft. to a set 17 iron rod, thence N550 -04'-09"E 16.68 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 420.00 ft., an arc length of 234.88 ft., a chord bearing of N390 -02'-53"E, a chord distance of 231.83 ft. to a set iron rod, thence N230-Ol'-36"E 94.75 ft. to a set iron rod at the intersection of said new west right of way line and said property line; thence leaving said west right of way line along said property line S620 -40'-47"E 30.08 ft. to the point of beginning, containing 61,844 Square Feet. TRAIL EASEMENT Elmwood Farms Limited Family Partnership Property 46 County Road 205 A tract of land being part of U.S. Survey No. 317, and part of Fractional Section 15, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at Point "A" at the intersection of said property line and the new west right of way line of Bloomfield Road; thence along said property line N480 -11'-03"W 18.53 ft. to the intersection of said property line and the west right of way line of said Trail Easement; thence leaving said property line along said west right of way line N110 -32'-58"E 143.09 ft. to a point, thence along a curve deflecting to the right having a radius of 746.00 ft., an arc length of 432.54 ft., a chord distance of N280 -09'-36"E, a chord distance of 426.51 ft. to a point, thence N440 -46'-13"E 113.32 ft. to a point, thence along a curve deflecting to the right having a radius of 446.00 ft., an arc length of 146.94 ft., a chord bearing of N540 -12'-31"E, a chord distance of 146.27 ft. to a point, thence N630 -38'-48"E 202.07 ft. to a point, thence along a curve deflecting to the left having a radius of 704.00 ft., an arc length of 105.39 ft., a chord bearing of N590 -21'-28"E, a chord distance of 105.30 ft. to a point; thence N550 -04'-09"E 16.68 ft. to a point, thence along a curve deflecting to the 18 left having a radius of 404.00 ft., an arc length of 225.93 ft., a chord bearing of N390 -02'-53"E, a chord distance of 223.00 ft. to a point, thence N230-Ol'-37"E 94.13 ft. to the intersection of said west trail easement right of way line and said property line; thence leaving said west easement right of way line along said property line S830 -52'-53"E 5.01 ft. to a point, thence S620 -40'-47"E 11.24 ft. to a set iron rod at the intersection of said property line and the said new west right of way line of Bloomfield Road; thence leaving said property line along said west right of way line and the east right of way line of said easement S230-Ol'-36"W 94.75 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 420.00 ft., an arc length of 234.88 ft., a chord bearing of S390- 02' -53"W, a chord distance of 231.83 ft. to a set iron rod, thence S550 -04'-09"W 16.68 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 720.00 ft., an arc length of 107.79 ft., a chord bearing of S590- 21' -28"W, a chord distance of 107.69 ft. to a set iron rod, thence S630 -38'-48"W 202.07 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 430.00 ft., an arc distance of 141.67 ft., a chord bearing of S540- 12' -31"W, a chord distance of 141.03 ft. to a set iron rod, thence S440 -46'-13"W 113.32 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 730.00 ft., an arc length of 423.26 ft., a chord bearing of S280- 09' -36"W, a chord distance of 417.36 ft. to a set iron rod, thence S110 -32'-58"W 152.42 ft. to the point of beginning, containing 23,745 Square Feet. FEE SIMPLE Dalhousie, LLC Property 47 County Road 205 A tract of land being part of U.S. Survey No. 317, and part of Fractional Section 15, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: 19 Beginning at centerline realignment Station 47+63.20 15.88 ft. left at the northeast corner of property of said Dalhousie LLC, also being the southeast corner of Elmwood Limited Family Partnership, also being on the centerline of Bloomfield Road as traveled; thence along said centerline and the east property line of said Dalhousie property S110 -25'-09"W 176.13 ft. to a point, thence along a curve deflecting to the left having a radius of 650.00 ft., an arc length of 140.79 ft., a chord bearing of S050 -12'-51"W, a chord distance of 140.51 ft. to centerline realignment Station 50+81.45; thence leaving said line S870 -20'-21"W 30.00 ft. to a set iron rod on the new west right of way line of said Bloomfield Road, also being the east right of way line of a Trail Easement at Point "A"; thence along said west right of way line and said east right of way line N020 -39'-39"W 29.77 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 830.00 ft., an arc length of 205.85 ft., a chord bearing of N040 -26'-40"E, a chord distance of 205.33 ft. to a set iron rod, thence N110 -32'-58"E 117.32 ft. to a set iron rod at the intersection of said west right of way line and said property line; thence leaving said west right of way line along said property line S480 -11'-03"E 53.12 ft. to the point of beginning, containing 13,716 Square Feet. TRAIL EASEMENT Dalhousie LLC Property 47 County Road 205 A tract of land being part of U.S. Survey No. 317, and part of Fractional Section 15, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at Point "A" on the new west right of way line of said Bloomfield Road and the east right of way line of said Trail Easement; thence S870 -20'-21"W 16.00 ft. to a point on the west right of way line of said easement; thence along 20 the west right of way line NO2°-39'-39"W 29.77 ft. to a point, along a curve deflecting to the right having a radius of 846.00 ft., an arc length of 209.82 ft., a chord bearing of N04°- 26' -40"E, a chord distance of 209.28 ft. to a point, thence N11° -32'-58"E 126.66 ft. to the intersection of said west right of way line and said property line; thence leaving said west right of way line along said property line S48°- 11' -03"E 18.53 ft. to a set iron rod at the intersection of said property line and the new west right of way line of said Bloomfield Road; thence leaving said north property line along said west right of way line and the east right of way line of said easement S11° -32'-58"W 117.32 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 830.00 ft., an arc length of 205.85 ft., a chord bearing of S040 -26'-40"W, a chord distance of 205.33 ft. to a point, thence S020 -39'-39"E 29.77 ft. to the point of beginning, containing 5,754 Square Feet. TEMPORARY CONSTRUCTION EASEMENT Dalhousie LLC Property 47 County Road 205 A tract of land being part of U.S. Survey No. 317, and part of Fractional Section 15, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Commencing at Point "A" on the new west right of way line of said Bloomfield Road and the east right of way line of said Trail Easement; thence S870 -20'-21"W 16.00 ft. to a point on the west right of way line of said easement; thence along the west right of way line N020 -39'-39"W 29.77 ft. to a point, along a curve deflecting to the right having a radius of 846.00 ft., an arc length of 117.31 ft., a chord bearing of NO10- 18'-41"E, a chord distance of 117.21 ft. to the point of beginning; thence leaving said right of way line N840 -42'-58"W 10.00 ft. to a point; thence along a curve deflecting to the right having a radius of 856.00 ft., an arc length of 21 77. 60 ft., a chord bearing of N070 -52'-51"E, a chord distance of 77.57 ft. to a point, thence S790 -31'-19"E 10.00 ft. to the west right of way line of said Trail Easement; thence along said west right of way line along a curve deflecting to the left having a radius of 846.00 ft., an arc length of 76.69 ft., a chord bearing of S070 -52'- 51"W, a chord distance of 76.67 ft. to the point of beginning, containing 771 Square Feet. FEE SIMPLE Charles Patrick Godwin and Nancy K Godwin Property 48 138 White Oaks Lane A tract of land being part of property as described in Document 404-04702 of the Cape Girardeau County Recorder of Deeds Office, being part of Lot 12 and part of White Oaks Lane of White Oaks Subdivision per Plat Book 13, Page 31, all in U.S. Survey No. 317 and Fractional Section 15, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 46+47.27 15.62 ft. left on the centerline of said White Oaks Lane; thence along said centerline S780 -52'-16"E 14.38 ft. to a set iron rod at the intersection of said centerline and the new east right of way line of Bloomfield Road; thence leaving said centerline along said east right of way line bii-cz,-�Dt5"W zuo.�Dd LL. To rod, thence along a curve deflecting to having a radius of 770.00 ft., an arc 1 190.97 ft., a chord bearing of S040-26' chord distance of 190.48 ft. to a set i thence S020 -16'-54"E 42.59 ft. to a set i thence leaving said east right of way li 31'-16"W 30.22 ft. to centerline rea station 50+90.00; thence along said ce NO10-22'-04"W 8.55 ft. to a point, thence curve deflecting to the right having a r 650.00 ft., an arc length of 140.79 ft., bearing of N050 -12'-51"E, a chord dist 140.51 ft. to a point; thence N110- 22 eL iron he left math of 40"W, a on rod, on rod; ie N84°- ignment iterline along a dius of a chord ance of ?5'-09"E 292.06 ft. to the point of beginning, containing 7,705 Square Feet. FEE SIMPLE Larry Edward Frankum Revocable Trust dated the 231d day of May, 2001 Property 49 141 White Oaks Lane A tract of land being part property as described in Document 42006-09108 of the Cape Girardeau County Register of Deeds Office, all being part of Lots 1 and 2 and part of White Oaks Lane of White Oaks Subdivision per Plat Book 13, Page 31, all in U.S. Survey No. 317 and Fractional Section 15, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 43+04.60 15.65 ft. left thence along the north line of said property S84° -31'-16"E 16.45 ft. to a set iron rod at the intersection of said north line and the new east right of way line of Bloomfield Road; thence leaving said property line along said east right of way line thence along a curve deflecting to the left having a radius of 670.04 ft., an arc length of 275.38 ft., a chord bearing of S23° -19'-27"W, a chord distance of 273.45 ft. to a set iron rod, thence S110 -32'-58"W 63.16 ft. to a set iron rod at the intersection of said east right of way line and the centerline of White Oaks Lane; thence leaving said east right of way line along said centerline N780 -52'-16"W 14.38 ft. to the intersection of said centerline and the existing east right of way line of said Bloomfield Road at centerline realignment station 47+47.27 15.62 ft. left; thence leaving said centerline along said east right of way line N110 -25'-09"E 58.12 ft. to a point, thence along a curve deflecting to the right having a radius of 700.00 ft., an arc length of 278.25 ft., a chord bearing of N220- 48' -24"E, a chord distance of 276.42 ft. to the point of beginning, containing 4,814 Square Feet. 23 TEMPORARY CONSTRUCTION EASEMENT Larry Edward Frankum Revocable Trust dated the 23r1 day of May, 2001 Property 49 141 White Oaks Lane A tract of land being part property as described in Document 42006-09108 of the Cape Girardeau County Register of Deeds Office, all being part of Lots 1 and 2 and part of White Oaks Lane of White Oaks Subdivision per Plat Book 13, Page 31, all in U.S. Survey No. 317 and Fractional Section 15, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Commencing at centerline realignment Station 43+04.60 15.65 ft. left thence along the north line of said property S84° -31'-16"E 16.45 ft. to a set iron rod at the intersection of said north line and the new east right of way line of Bloomfield Road; thence leaving said property line along said east right of way line thence along a curve deflecting to the left having a radius of 670.04 ft., an arc length of 275.38 ft., a chord bearing of S23° -19'-27"W, a chord distance of 273.45 ft. to a set iron rod, thence S110 -32'-58"W 16.94 ft. to the point of beginning; thence leaving said right of way line S780 -27'-02"E 15.00 ft. to a point; thence S110- 32' -58"W 26.11 ft. to the north right of way line of White Oaks Lane; thence along said north right of way line N780 -52'-16"W 15.00 ft. to said east right of way line; thence along said east right of way line N110 -32'-58"E 26.22 ft. to the point of beginning, containing 392 Square Feet. FEE SIMPLE Daniel J. Nelson and Shannon B. Nelson Property 410 122 Kensington Lane A tract of land being part property as described in Book 850, Page 633 of the Cape Girardeau County Recorder of Deeds Office, all being part 24 of Lot 1 of Windwood Estates per Plat Book 16, Page 93, all in U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 37+53.46 11.87 ft. left at the northeast corner said Lot 1, also being on the south right of way line of Bloomfield Road, also being on the west right of way line of Kensington Lane; thence along the east line of said Lot 1 and said west right of way line S340 -43'-53"E 18.32 ft. to a set iron rod at the intersection of said east lot line and the new south right of way line of said Bloomfield Road; thence leaving said east lot line and said west right of way line along said south right of way line S630 -38'-48"W 182.24 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 370.00 ft., an arc length of 121.90 ft., a chord bearing of S540 -12'-31"W, a chord distance of 121.35 ft. to a set iron rod, thence S440 -46'-13"W 113.32 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 670.00 ft., an arc length of 113.09 ft., a chord bearing of S390 -56'-05"W, a chord distance of 112.96 ft.to a set iron rod at the intersection of said south right of way line and the south line of said Lot 1, also being the north line of property as described in Document No. 2006-09108 of said Recorder's Office; thence leaving said south right of way line along said property line N840- 31 -16"W 16.45 ft. to the Southwest Corner of said Lot 1, also being on said existing south right of way of said Bloomfield Road; thence leaving said south lot line along said south right of way line along a curve deflecting to the right having a radius of 700.00 ft., an arc length of 136.69 ft., a chord bearing of N390 -47'-17"E, a chord distance of 136.47 ft. to a point, thence N450- 22' -56"E 113.19 ft. to a point, thence along a curve deflecting to the right having a radius of 300.00 ft., an arc length of 99.21 ft., a chord bearing of N540 -51'-21"E, a chord distance of 98.76 ft. to a point, thence N640 -19'-46"E 92.34 ft. to a point, thence along a curve deflecting to the left having a radius of 650.00 ft., an arc 25 length 102. 00 ft., a chord distance of N590 -50'- 01"E, a chord distance of 101.90 ft. to the point of beginning, containing 7,415 Square Feet. FEE SIMPLE Kenneth Storey and Willie Woodard Storey Property 411 135 Kensington Lane A tract of land being part property as described in Document No. 2005-00887 of the Cape Girardeau County Register of Deeds Office, all being part of Lot 19 and part of Kensington Lane of Windwood Estates per Plat Book 16, Page 93, all in U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 32+59.75 at the Northwest corner of said Lot 19, also being the Southwest Corner of property as described in Document No. 2010-14109 of said Recorder's Office; thence along the north line of said Lot 19 and the south line of said Document No. 2010-14109 S860 -08'-09"E 31.76 ft. to a set iron rod at the intersection of said line and the new east right of way line of Bloomfield Road; thence leaving said line along said east right of way line S230 -01'-37"W 101.02 ft. to a set iron rod, thence along a curve deflecting to the right having a radius 480.00 ft., an arc length of 267.87 ft., a chord bearing of S390 -00'-51"W, a chord distance of 264.41 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 806.68 ft., an arc length of 134.02 ft., a chord bearing of S580 -48'-21"W, a chord distance of 133.87 ft. to a set iron rod, thence S630 -38'-48"W 19.83 ft. to a set iron rod on the west right of way line of Kensington Lane; thence leaving said east right of way line along said west right of way line N340 -43'-53"W 18.32 ft. to the intersection of said west right of way line and the existing east right of way line of said Bloomfield Road; thence leaving said line along said east right of way line N550 -04'-17"E 181.28 ft. to a point, thence along a curve 26 deflecting to the left having a radius of 350.00 ft., an arc length of 195.66 ft., a chord bearing of N390 -03'-15"E, a chord distance of 193.12 ft. to a point, thence N230 -01'-37"E 119.39 ft. to a the point of beginning, containing 14,118 Square Feet. FEE SIMPLE Beechwood Farms, IT, a Missouri Limited Partnership Property 412 County Road 205 A tract of land being part property as described in Document No. 2010-14109 of the Cape Girardeau County Recorder of Deeds Office, all in U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M. City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 30+77.80 at the Northwest corner of said property, also being on the centerline of Bloomfield Road as traveled, also being the southwest corner of property as described in Book 971, Page 438 of said Recorder's Office; thence along the north line of said property and the said south property line S860 -17'-08"E 31.75 ft. to a set iron rod at the intersection of said property line and the new east right of way line of Bloomfield Road; thence leaving said north property line along said east right of way line S220 -49'-47"W 9.17 ft. to set iron rod, thence S230 -01'-35"W 172.86 ft. to a set iron rod at intersection of the south property line of said Document No. 2010-14109, also being the north line of property as described in Document No. 2005-00887 of said Recorder's Office and said east right of way line; thence leaving said east right of way line along said property line N860- 08' -09"W 31.76 ft. to the Southwest Corner of said property, also being the Northwest Corner of said Document No. 2005-00887, also being on the centerline of Bloomfield Road as traveled at centerline realignment station 32+59.75; thence leaving said property line along said centerline 27 N230 -01'-37"E 181. 95 ft. to the point of beginning, containing 5,460 Square Feet. FEE SIMPLE JHJ Voluntary Trust dated November 19, 1998 Property 413 Bloomfield Road A tract of land being part property as described in Book 971, Page 438 of the Cape Girardeau County Recorder of Deeds Office, all in U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M. City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 28+76.71 at the Northwest corner of said property, also being the Southwest Corner of property as described in Book 503, Page 597 of said Recorder's Office, also being on the centerline of Bloomfield Road as traveled; thence along the north line of said property as recorded in Book 971, Page 438, and the south line of said property as recorded in Book 503, Page 597 S860- 17' -08"E 31.75 ft. to a set iron rod at the intersection of said property line and the new east right of way line of Bloomfield Road; thence leaving said property line along said east right of way line S220 -49'-47"W 201.09 ft. to set iron rod at intersection of the south property line of said Book 971, Page 438, also being the north line of property as described in Document No. 2010-14109 of said Recorder's Office and said east right of way line; thence leaving said east right of way line along said property line N860- 17' -08"W 31.75 ft. to the Southwest Corner of said property as recorded in Book 971, Page 438, also being the Northwest Corner of said property recorded as Document No. 2010-14109, also being on the centerline of said Bloomfield Road as traveled; thence leaving said property line along said centerline N230 -01'-37"E 0.54 ft. to the point, thence N220 -55'-42"E 0.69 ft. to the point, thence N220 -49'-47"E 199.86 ft. to the point of beginning, containing 6,033 Square Feet. 28 FEE SIMPLE Earl H. Norman Revocable Living Trust Agreement dated December 4, 1987 Property 414 County Road 205 A tract of land being part property as described in Book 503, Page 597 of the Cape Girardeau County Recorder of Deeds Office, all in U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M. City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 21+98.26 at the Northwest corner of said property, also being on the centerline of Bloomfield Road as traveled, also being the southwest corner of property as described in Book 503, Page 597 of said Recorder's Office; thence along the north line of said property and the south line of said property in said Book 503, Page 597 S86° -17'-08"E 31.40 ft. to a set iron rod at the intersection of said property line and the new east right of way line of Bloomfield Road; thence leaving said property line along said east right of way line S20° -54'-01"W 115.78 ft. to set iron rod, thence along a curve deflecting to the right having a radius of 10,030.00 ft., an arc length of 337.78 ft., a chord bearing of S21° -51'-54"W, a chord distance of 337.76 ft. to a set iron rod, thence S220 -49'- 47"W 224.77 ft.to a set iron rod at intersection of the south property line of said deed, also being the north property line of property as described in Book 971, Page 438 of said Recorder's Office; thence along said property line N860 -17'-08"W 31.75 ft. to the Southwest Corner of said property, also being the Northwest Corner of said property in Book 971, Page 438, also being on the centerline of Bloomfield Road as traveled at centerline realignment station 28+76.71; thence leaving said property line along said centerline N220 -49'-47"E 235.17 ft. to a point, thence along a curve deflecting to the left having a radius of 10,000.00 ft., an arc length of 336.77 ft., a chord bearing of N210- 29 51'-54"E, a chord distance of 336.75 ft. to a point, thence N20° -54'-01"E 106.51 ft. to the point of beginning, containing 20,352 Square Feet. FEE SIMPLE Ruth Ann Norman Revocable Living Trust Agreement dated December 4, 1987 Property 415 Bloomfield Road A tract of land being part property as described in Book 503, Page 597 of the Cape Girardeau County Recorder of Deeds Office, all in U.S. Survey No. 787, Township 30 North, Range 13 East of the 5th P.M. City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 12+98.85 at the Northwest corner of said property, also being the southwest corner of property as described in Book 503, Page 597, also being on the centerline of Bloomfield Road as traveled; thence along the north line of said property, and the south property line of said Book 503, Page 597 S810 -34'-30"E 30.00 ft. to a set iron rod at the intersection of said north property line and the new east right of way line of said Bloomfield Road; thence leaving said property line along said east right of way line along a curve deflecting to the right having a radius of 4,030.00 ft., an arc length of 95.60 ft., a chord bearing of S090 -18'-43"W, a chord distance of 95.60 ft. to a set iron rod, thence S090 -59'-29"W 280.36 ft. to set iron rod, thence S090 -18'-58"W 72.37 ft. to a set iron rod, thence S08038' -27"W 243.26 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 930.82 ft., an arc length of 205.07 ft., a chord bearing of S140 -57'-08"W, a chord distance of 204.65 ft. to a set iron rod at the intersection of said east right of way line and the south property line of said Book 503, Page 597; thence leaving said east right of way line along said south property line N860 -17'-08"W 31.40 ft. to the Southwest Corner of said 30 property, also being on the centerline of said Bloomfield Road as traveled at centerline realignment station 21+98.26; thence leaving said south property line along said centerline N20°- 54' -01"E 15.35 ft. to a point, thence along a curve deflecting to the left having a radius of 900.00 ft., an arc length of 192.57 ft., a chord bearing of N14° -46'-14"E, a chord distance of 192.21 ft. to a point, thence N080 -38'-27"E 244.44 ft. to a point, thence N090 -18'-53"E 70.72 ft. to a point, thence N090 -59'-27"E 281.54 ft. to a point, thence along a curve deflecting to the left having a radius of 4,000.00 ft., an arc length of 94.78 ft., a chord bearing of N090 -18'- 45"E, a chord distance of 94.78 ft. to the point of beginning, containing 26,943 Square Feet. FEE SIMPLE Ruth Ann Norman Revocable Living Trust Agreement dated December 4, 1987 Property 416 Benton Hill Trace A tract of land being part property as described in Book 503, Page 597 of the Cape Girardeau County Recorder of Deeds Office, all in U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M. City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 11+18.81 at the Northwest corner of said property, also being on the centerline of Bloomfield Road as traveled; thence along the north line of said property S810 -34'-30"E 30.02 ft. to a set iron rod at the intersection of said north property line and the new east right of way line of Bloomfield Road; thence leaving said north property line along said east right of way line S060 -36'-24"W 37.57 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 4,030.00 ft., an arc length of 142.47 ft., a chord bearing of S070 -37'-10"W, a chord distance of 142.46 ft. to a set iron rod at the intersection of said east right of way line and the south property line of said Book 503, 31 Page 597; thence leaving said east right of way line along said south property line N810 -34'-30"W 30.00 ft. to the Southwest Corner of said property, also being on said centerline as traveled at centerline realignment station 12+98.85; thence leaving said south property line along said centerline along a curve deflecting to the left having a radius of 4,000.00 ft., an arc length of 141.52 ft., a chord bearing of N070- 37' -13"E, a chord distance of 141.51 ft. to a point, thence N060 -36'-24"E 38.52 ft. to the point of beginning, containing 5,401 Square Feet. FEE SIMPLE Earl H. Norman and Ruth A. Norman Property 417 Benton Hill Trace A tract of land being part property as described in Book 503, Page 597 of the Cape Girardeau County Recorder of Deeds Office, all in U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M. City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 7+14.25 at the Northwest corner of said property, also being on the centerline of Bloomfield Road as traveled; thence along the north line of said property S490 -44'-06"E 36.04 ft. to a set iron rod at the intersection of said north property line and the new east right of way line of said Bloomfield Road; thence leaving said north property line along said east right of way line S060 -36'-24"W 385.53 ft. to a set iron rod at the intersection of said east right of way line and the south property line; thence leaving said east right of way line along said south property line N810 -34'-30"W 30.02 ft. to the Southwest Corner of said property, also being on said centerline as traveled at centerline realignment station 11+18.81; thence leaving said south property line along said centerline N060 -36'-24"E, 404.55 ft. to the point of beginning, containing 11,851 Square Feet. 32 TRAIL EASEMENT Earl H. Norman and Ruth A. Norman Property 417 Benton Hill Trace A tract of land being part property as described in Book 503, Page 597 of the Cape Girardeau County Recorder of Deeds Office, all in U.S. Survey No. 317, Township 30 North, Range 13 East of the 5th P.M. City of Cape Girardeau, Cape Girardeau County, to wit: Commencing at centerline realignment Station 7+14.25 at the Northwest corner of said property, also being on the centerline of Bloomfield Road as traveled; thence along the north line of said property S49° -44'-06"E 36.04 ft. to a set iron rod at the intersection of said north property line and the new east right of way line of Bloomfield Road at the point of beginning, continue thence along said north property line S490 -44'-06"E 19.22 ft. to the intersection of said north property line and the east right of way line of said Trail Easement; thence leaving said north property line along said east right of way line S060 -36'-24"W 270.16 ft. to the Southeast Corner of said easement; thence leaving said east right of way line along the south right of way line of said easement N830 -23'-36"W 16.00 ft. to the intersection of said south easement line said east right of way line of said road; thence leaving said south right of way line along the west right of way line of said easement and said east right of way line N060 -36'-24"E 280.81 ft. to the point of beginning, containing 4,408 Square Feet. FEE SIMPLE Ruth Ann Norman Revocable Living Trust Agreement dated December 4, 1987 Property 418 186 Benton Hill Trace A tract of land being part property as described in Book 503, Page 597 of the Cape Girardeau 33 County Register of Deeds Office, all in U.S. Survey No. 317 and 787, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 5+84.61 at the Northwest corner of said property, also being on the centerline of Bloomfield Road as traveled; thence along the north line of said property S84° -08'-22"E 30.00 ft. to a set iron rod at the intersection of said north property line and the new east right of way line of Bloomfield Road; thence leaving said north property line along said east right of way line along a curve deflecting to the right having a radius of 3,030.00 ft., an arc length of 9.19 ft., a chord bearing of S06° -31'-11"W, a chord distance of 9.19 ft. to a set iron rod, thence S060 -36'-24"W 140.82 ft. to a set iron rod at the intersection of said east right of way line and the south property line; thence leaving said east right of way line along said south property line N490 -44'-06"W 36.04 ft. to the Southwest Corner of said property, also being on the centerline of Bloomfield Road as traveled at centerline realignment station 7+14.25; thence leaving said south property line along said centerline N060- 36' -24"E, 120.84 ft. to a point, thence along a curve deflecting to the left having a radius of 3,000.00 ft., an arc length of 8.80 ft., a chord bearing of N060 -31'-21"E, a chord distance of 8.80 ft. to the point of beginning, containing 4,195 Square Feet. TRAIL EASEMENT Ruth Ann Norman Revocable Living Trust Agreement dated December 4, 1987 Property 418 186 Benton Hill Trace A tract of land being part property recorded in Book 503, Page 597 of the Cape Girardeau County Register of Deeds Office, all in U.S. Survey No. 317 and 787, Township 30 North, Range 13 East of 34 the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Commencing at centerline realignment Station 5+84.61 at the Northwest corner of said property; thence along the north line of said property S840 -08'-22"E 30.00 ft. to a set iron rod at the intersection of said north property line and the new east right of way line of Bloomfield Road and the west right of way line of said Trial Easement at the point of beginning, continue thence along said north property line S840 -08'-22"E 16.00 ft. to the east right of way line of said easement; thence leaving said north property line along said east right of way line along a curve deflecting to the right having a radius of 3046.00 ft., an arc length of 9.40 ft., a chord bearing of S060 -31'-00"W, a chord distance of 9.40 ft. to a point, thence S060 -36'-24"W 151.47 ft. to the intersection of said east right of way line and the south property line; thence leaving said east right of way line along said south property line N490 -44'-06"W 19.22 ft. to a set iron rod on the new east right of way line; thence leaving said south property line along the west right of way line of said easement and said new east right of way line of said road N060 -36'- 24"E, 140.82 ft. to a set iron rod, thence along a curve deflecting to the left having a radius of 3,030.00 ft., an arc length of 9.19 ft., a chord bearing of N060 -31'-11"E, a chord distance of 9.19 ft. to the point of beginning, containing 2,487 Square Feet. TEMPORARY CONSTRUCTION EASEMENT Ruth Ann Norman Revocable Living Trust Agreement dated December 4, 1987 Property 418 186 Benton Hill Trace A tract of land being part property as described in Book 503, Page 597 of the Cape Girardeau County Register of Deeds Office, all in U.S. Survey No. 317 and 787, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: 35 Commencing at centerline realignment Station 5+84.61 at the Northwest corner of said property, also being on the centerline of Bloomfield Road as traveled; thence along the north line of said property S84° -08'-22"E 46.00 ft. to the Northeast Corner of the Trail Easement at the point of beginning; continue thence along said line S84°- 08' -22"E 10.00 ft. to a point; thence leaving said line along a curve deflecting to the right having a radius of 3056.00 ft., an arc length of 9.53 ft., a chord bearing of S06° -30'-57"W, a chord distance of 9.53 ft. to a point; thence S060 -36'-24"W 158.13 ft. to the south line of said property; thence along said south property line N490 -44'-06"W 12.01 ft. to the Southeast Corner of said Trail Easement; thence leaving said south property line along the east line of said Trail Easement N060 -36'-24"E, 151.47 ft. to a point, thence along a curve deflecting to the left having a radius of 3,046.00 ft., an arc length of 9.40 ft., a chord bearing of N060 -31'- 00"E, a chord distance of 9.40 ft. to the point of beginning, containing 1,642 Square Feet. FEE SIMPLE Ruth Ann Norman Revocable Living Trust Agreement dated December 4, 1987 Property 419 Bloomfield Road A tract of land being part property recorded in Book 503, Page 597 of the Cape Girardeau County Register of Deeds Office, all in U.S. Survey No. 317 and 787, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Beginning at centerline realignment Station 0+00 at the Northwest corner of said property; thence along the north line of said property S670 -51'- 42"E 30.00 ft. to a set iron rod at the intersection of said north property line and the new east right of way line of Bloomfield Road; thence leaving said north property line along said east right of way line S220 -08'-18"W 55.14 36 ft. to a set iron rod, along a curve deflecting to the left having a radius of 870.00 ft., an arc length of 250.72 ft., a chord bearing of S13°- 52' -57"W, a chord distance of 249.85 ft. to a set iron rod, thence S050 -37'-35"W 227.58 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 3,030.00 ft., an arc length of 42.64 ft., a chord bearing of S060 -01'- 47"W, a chord distance of 42.64 ft. to a set iron rod at the intersection of said east right of way line and the south property line; thence leaving said east right of way line along said south property line N840 -08'-21"W 30.00 ft. to the Southwest Corner of said property, also being on the centerline of Bloomfield Road as traveled as centerline realignment station 5+84.61; thence leaving said south property line along said centerline along a curve deflecting to the left having a radius of 3,000.00 ft., an arc length of 42.52 ft., a chord bearing of N060 -O1' -57"E, a chord distance of 42.52 ft. to a point, thence N050 -37'-35"E 227.58 ft. to a point, thence along a curve deflecting to the right having a radius of 900.00 ft., an arc length of 259.37 ft., a chord bearing of N130 -52'-57"E, a chord distance of 258.47 ft. to a point, thence N220 -08'-18"E 55.14 ft. to the point of beginning, containing 17,411 Square Feet. TRAIL EASEMENT Ruth Ann Norman Revocable Living Trust Agreement dated December 4, 1987 Property 419 Bloomfield Road A tract of land being part property recorded in Book 503, Page 597 of the Cape Girardeau County Register of Deeds Office, all in U.S. Survey No. 317 and 787, Township 30 North, Range 13 East of the 5th P.M., City of Cape Girardeau, Cape Girardeau County, to wit: Commencing at centerline realignment Station 0+00 at the Northwest corner of said property; thence along the north line of said property S670 -51'- 42"E 30.00 ft. to a set iron rod at the 37 intersection of said north property line and the new east right of way line of Bloomfield Road, and being the Northwest Corner of said Trail Easement at the Point of Beginning, continue thence along said north property line and the north line of said easement S67° -51'-42"E 16.00 to the Northeast Corner of said easement; thence leaving said north property line along the east right of way line of said easement S220 -08'-18"W 55.14 ft. to a point, thence along a curve deflecting to the left having a radius of 854.00 ft., an arc length of 246.11 ft., a chord bearing of S130 -52'-57"W, a chord distance of 245.26 ft. to a point, thence S050 -37'-35"W 227.58 ft. to a point, thence along a curve deflecting to the right having a radius of 3046.00 ft., an arc length of 42.71 ft., a chord bearing of S060 -01'- 42"W, a chord distance of 42.71 ft. to the intersection of said east right of way line and the south property line; thence leaving said east right of way line along said south property line N840 -08'-22"W 16.00 ft. to the east line of said new right of way; thence leaving said south property line along the west right of way line of said trail easement and said new east right of way line along a curve deflecting to the left having a radius of 3,030.00 ft., an arc length of 42.64 ft., a chord bearing of N060 -O1' -47"E, a chord distance of 42.64 ft. to a set iron rod, thence N050 -37'-35"E 227.58 ft. to a set iron rod, thence along a curve deflecting to the right having a radius of 870.00 ft., an arc length of 250.72 ft., a chord bearing of N130 -52'-57"E, a chord distance of 249.85 ft. to a set iron rod, thence N220 -08'-18"E 55.14 ft. to the point of beginning, containing 9,181 Square Feet. ARTICLE 3. The Council of the City of Cape Girardeau, Missouri hereby finds and declares that the acquisition of the above-described properties is for a public use and that such acquisition is within the scope of the authority or power of the City of Cape Girardeau, Missouri, and that the acquisition of the properties is reasonable and necessary for public use in order to provide public access and improvements between Benton Hill Road and White Oaks Lane, in the City of Cape Girardeau, Missouri. 38 ARTICLE 4. The City of Cape Girardeau, Missouri is hereby authorized and directed to do all acts as may be necessary to obtain said easements or rights-of-way. ARTICLE 5. Safety Training Requirements. a. The Project approved by this Ordinance is subject to the requirements of Section 292.675, RSMo, which requires all contractors or subcontractors doing work on the 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 a 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. b. The request for bids for this Project shall specify the requirements of Section 292.675, RSMo. C. The contract awarded for this Project shall specify the requirements of Section 292.675, RSMo, and shall include a notice of the penalties for a contractor's failure to comply with that statute. ARTICLE 6. If any section, subsection, sentence, clause, phrase or portion of this ordinance is, for any reason, held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 7. 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 39 ATTEST: Gayle L. Conrad City Clerk 40 BLOOMFIELD ROAD PHASE V PROJECT BENTON HILL ROAD TO WHITE OAKS LANE 0 215 430 860 1,290 1,720 City of Cape Girardeau Feet Division of Planning Services November 12, 2014 Staff` W. Eric Cunningham, City Agenda: Attorney 12/1/2014 SUBJECT A Resolution approving a project of the Industrial Development Authority of the County of Cape Girardeau, Missouri, for Gibson Recovery Center, Inc., located in the City of Cape Girardeau, Missouri. BACKGROUND/DISCUSSION Gibson Recovery Center, Inc. is a non-profit corporation that provides drug and alcohol treatment services through inpatient and outpatient programs at 1112 Linden Street in the City and 1281 County Road 638 in the County. The bond issue size is approximately $1,200,000.00. All of the bonds will be tax-exempt, and will be purchased by Capaha Bank. Approximately $1,050,000.00 of the proceeds will be used to refinance outstanding bank loans that were used to acquire the Borrower's facilities. The remaining proceeds will be used to repair and acquire office furnishings, inpatient beds, mattresses and wardrobes at the Borrower's facility at 1112 Linden Street. FINANCIAL IMPACT There is no financial impact on the City or the IDA. The bonds will be payable solely from loan payments to be made by the Borrower to Capaha Bank, as bondholder. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS This tax-exempt financing will enable the Borrower to refinance outstanding taxable loans through a tax-exempt financing, thus enhancing the Borrower's ability to provide services at a reasonable cost. STAFF RECOMMENDATION Staff recommends approval of the Resolution. PUBLIC OUTREACH The Industrial Development Authority will hold a public hearing regarding the project at the next Industrial Development Authority meeting on or about December 18, 2014, at the Chamber of Commerce Office. Notice of the public hearing will be published in the Southeast Missourian. ATTACHMENTS: Name: ❑ IDA -Gibson Center-2014.docx Description: Gibson Recovery Center Resolution BILL NO. 14-185 RESOLUTION NO. A RESOLUTION APPROVING A PROJECT OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE COUNTY OF CAPE GIRARDEAU, MISSOURI, FOR GIBSON RECOVERY CENTER, INC., LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the Industrial Development Authority of the County of Cape Girardeau, Missouri (the "Authority") is proposing a project involving the issuance of not to exceed $1,200,000.00 principal amount of bonds of the Authority for the purpose of (1) repairing, improving, and equipping existing facilities of Gibson Recovery Center, Inc. (the "Borrower") located at 1281 County Road 638 and 1112 Linden Street (the "Project"), (2) refinancing existing loans of the Borrower, the proceeds of which were used to acquire the Borrower's existing facilities at 1281 County Road 638 and 1112 Linden Street, and (3) paying costs of issuance of the bonds; and WHEREAS, Section 349.010 of the Revised Statutes of Missouri requires that projects of an industrial development authority of a county must be located wholly within an unincorporated area of such county, except that such projects may be located within the corporate limits of a municipality within such county when approved by the governing body of the city; WHEREAS, the Company has requested the City Council to approve the Project; and WHEREAS, the City Council hereby finds and determines that the Project will promote the economic welfare and the development of the City of Cape Girardeau, Missouri, and will be in furtherance of the public purposes set forth in the Act. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Cape Girardeau, Missouri, that the portion of the Project located within the City of Cape Girardeau is hereby approved and the Council grants its permission to the Authority to proceed with the issuance of not to exceed $1,200,000.00 principal amount of bonds for the purposes described above. PASSED AND ADOPTED THIS day of December, 2014. Harry E. Rediger, Mayor (SEAL) ATTEST: Gayle L. Conrad, City Clerk CHI -1901486v2 -2- Staff: Casey Brunke, P.E., City Engineer Agenda: 12/1/2014 SUBJECT Resolution authorizing the City Manager to enter into a contract with Cotner Electric Co., Inc. for the Battery Back-up for Traffic Signals. EXECUTIVE SUMMARY The City of Cape Girardeau desires the City Manager to enter into a contract with the lowest and most responsive bidder for battery back-up systems to be placed at the following locations: William Street and West End Boulevard, William Street and Sprigg Street, Independence Street and Sprigg Street, Normal Street and Sprigg Street and Caruthers Avenue and Broadway Street. BACKGROUND/DISCUSSION Three (3) bids were received, ranging in cost from $32,500.00 to $47,115.00. The lowest bid was submitted by Cotner Electric Co., Inc. FINANCIAL IMPACT The funding for the Battery Back-up for Traffic Signals will come from Casino funds. SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS Installing the battery back-up systems to these locations will help prevent vehicle accidents in the event of a power outage. STAFF RECOMMENDATION Staff recommends that the City Manager be authorized to enter into a contract with Cotner Electric Co., Inc. for the Battery Back-up for Traffic Signals. ATTACHMENTS Name: Description: ❑ Battery Back-up - Cotner Elec 2014.doc Battery Back-up Resolution ❑Agr w Cotner.pdf Contract Agreement ❑ Bid Tab 4239.xls Bid Tabulation BILL NO. 14-188 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH COTNER ELECTRIC CO., INC., FOR THE BATTERY BACK-UP FOR TRAFFIC SIGNALS 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 Cotner Electric Co., Inc., for the battery back-up for traffic signals, 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 BATTERY BACK-UP FOR TRAFFIC SIGNALS 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 Cotner Electric Co., Inc. (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: The improvement shall consist of furnishing all materials, equipment, appurtenances and labor to install the specified battery backup systems on existing traffic signals in five separate locations in the City of Cape Girardeau, Missouri. The locations for the work to be performed are William and West End, William and Sprigg, Independence and Sprigg, Normal and Sprigg, and Caruthers and Broadway. Work shall include purchase, delivery, mounting enclosures, alteration to existing equipment if needed, connections for power and controls, all as necessary to complete a fully functioning battery backup system in each location. 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 will be substantially completed within Forty-five (45) calendar days after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within Sixty 60 calendar days after the date when the Contract Times commence to run. A-1 NOTE: Lead time for materials is not included in the above contract times. The contractor shall order the items necessary to complete the project within 10 calendar days from the Notice of Award date A Notice to Proceed will be given when contractor has received the ordered items. 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 in accordance with Article 12 of the General Conditions. 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 $300.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER $500.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 below: 4.1 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the bidding documents. TOTAL OF ALL.UNIT PRICES: Thirty-two thousand five hundred dollars and zero cents ($ 32,500.00 ) 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; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as A-2 recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5. 1.1 and 5.1.2 below. All such payments will be measured by the schedule of values established in paragraph 2.9 of the General Conditions (and 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. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. 95% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 95% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to CONTRACTOR to 98% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions, 5.2 Final Payment. 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. 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: A-3 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 in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC -4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. 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 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 _ to _ inclusive). 8.2 Exhibits to this Agreement (pages BF- to BF- 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 Battery Back-up for Traffic Signals 8.8 Drawings. (None) 8.9 Addenda numbers _ to _, inclusive. 8.10 CONTRACTOR'S Bid (pages BF -1 to BF -7 , inclusive) 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). 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. A-5 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. 9A 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. 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. on 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 IM [CORPORATE SEAL] Attest 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. 2014 (which is the CONTRACTOR Cotner Electric Co., Inc. M [CORPORATE SEAL] Attest Address for giving notices 2049 Southern Expressway Cape Girardeau, MO 63703 License No. A-7 Agent for service of process: (If CONTRACTOR is corporation, attach evidence of authority to sign.) blur- I _ BATTERY BACK-UP FOR TRAFFIC SIGNALS BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The improvement shall consist of furnishing all materials, equipment, appurtenances and labor to install the specified battery backup systems on existing traffic signals in five separate locations in the City of Cape Girardeau, Missouri. The locations for the work to be performed are William and West End, William and Sprigg, Independence and Spngg, Normal and Sprigg, and Caruthers and Broadway. Work shall include purchase, delivery, mounting enclosures, alteration to existing equipment if needed, connections for power and controls, all as necessary to complete a fully functioning battery backup system in each location. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63703 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement orinvitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that. (a) BIDDER has examined and carefully studied the Bidding Documents and the following: Addenda, receipt of all which is hereby acknowledged: (ustaddenda by Addendum Number and Date) (b) BIDDER 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; BF -1 (c) BIDDER 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. (d) BIDDER 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. BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for having done so) all such additional or 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 fumishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safetyprecautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (t) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or discrepancies that BiDDER has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and fumishing the Work for which this Bid is submitted. (h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group association, organization or corporation, BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER. (i) Pursuant to 285.530 RSMo, the bidder 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 BF -2 • submitting a completed, notarized copy of AFFIDAVIT OF WORK AUTHORIZATION and • 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. • httn://www.uscis.gov/portaUsite/uscis Q) Bidders are informed that the Project is subject to the requirements of Section 292.675, R. S. Mo, which requires all contractors or subcontractors doing work on the 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. 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): NO ITEM Battery Back -Up for Traffic Signals 2. Traffic Control UNIT PRICE BID UNIT EST. QTY. W. LS TOTAL BID FOR ALL UNIT PRICES [d_57 - 10 d -S UNIT PRICE TOTAL EST. PRICE 5 $is �� bQ $30 d C! ea `) 10 (,, L fa / (Written figure) $ Z OJ °° $ 117 ae' $ 32 Toe, a (Total bid amount is to be shown in both words and figures. In case of discrepancy, the amount shown in words will govem. 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.) Unit Prices have been computed in accordance with paragraph 11.9.2 of the General Conditions. BF -3 BIDDER acknowledges that quantities are notguaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within Forty-five (45) calendar days afterthe date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within Six 60 calendardays afterthe date when the Contract Times commences to run. NOTE: Lead time for materials is not included in the above contract times. The contractor shall order the items necessary to complete the proiect within 10 calendardays from the Notice of Award date." A Notice to Proceed will be given when contractor has received the ordered items. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Any Addenda issued. (c) Exhibit Affidavit of Work Authorization (d) The E -Verify Program for Unemployment Verification Memorandum of Understanding http://www. uscis. govIftles/nativedocuments/MOU. pdf (e) Exhibit Affidavit of OSHA Training (f) Certification Regarding Debarment, Suspension and Other Responsibility Matters 7. Bidder agrees to submit the following documents within three (3) business days after the opening of Bids if requested: (a) BIDDER'S Qualification Statement with supporting data. 8. Communications concerning this Bid shall be addressed to: Name /7 D h &i ner Address a6 1,9006rr) Cx (a) Performance and Payment Bonding Company Name a/d RePLJb't Sure Com 40rnu Address AgentTower ofAttomey Name (if used) 6d0( rc( 60 d i a YK6 14ma 1 Address 9. Terms used in the Bid which are defined in the General conditions or Instructions will have the meanings indicated in the General Conditions or Instructions. SUBMITTED on . 20 State Contractor License No. 1F BIDDER is: An Individual By (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership By (SEAL) (Firm Name) (General Partner) Business address: Phone No.: A Comoration By - m In er l e- c. n't- C n. (SEAL) (Corporation Name) ssnuri � F '�' �alnpi4li By�1 (Corp&4te e9j) �h Attesf . g Business addi-es&' D ime of Person Authorized to Sign) BF -5 im(�Oall SMO Phone No.: S73-.335- 81t0 Date of Qualification to do business is JQ 7lp A Joint Venture By (SEAL) (Name) (Address) By (SEAL) (Name) (Address) Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) MM The Contractor shall be registered with the Missouri Secretary of State in order to work on this project. BIDDER hereby states that he will perform the following items of work directly without employment of subcontractors: It is anticipated that the following subcontractors will be employed for work on this project: All subcontractors listed have been found to be in good standing by with the Missouri Secretaryof State. SUBCONTRACTORS: (Name of Company) BF -7 (Type of Work) EXHIBIT AFFIDAVIT OF WORK AUTHORIZATION COMES NOW (Name) p & Cl n C0� (' � days (Office Held) \rec of (Company Name/Contractor) l.. t)� VW C, 2 C -C C. C D and first being duly sworn, on my oath, affirm as follows: //�� 1 1. (Company Name/Contractor) l.0 L �l er �I2c1L l� , is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to (Project Name) &4ry C -6w Fb/7t1Ac di Ai2h; for the duration of the contract in accordance with RSMo Chapter 285.530(2). 11 _� 2. 1 also affirm. that (Company Name/Contractor) gn+ner 6-1P -eTr[L CO - does not and will not knowingly employ a person who is an unauthorized alien niin connection with the contract services related to (Project Name) Uig FOi —If 22+17 C Xgn4 b for V the duration of the contract. 3. Attached hereto is documentation affitu ing Contractor's enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. 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.) 604Aer-VeJolt- LIO. ''. (nam`eeoof corporation)) By: �Ja Le &t%-,,, 24� of officer of corporation and title) ATTEST: I Secretary (or other officer) t " r"�„�"�µi imgqtWt�Lfrrr��y�f:a: (SEAL OF CORDO r, ) i r f9j � � STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this _day of , 20_, before me appeared waren f Pit L c+n cr to me personally known, who, being by me duly sworn, did say that he/she is theoS eLV E+0,r q of�PCE1Pt--± LL Co, a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said 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 WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: a0,,2 0(17 0,�4 Notary Public PRISCILLA B. HUNTER Notary Public, Notary Seal State of Missouri Cape Girardeau County Commission # 13520356 My Commission Expires April 20, 2017 EXHIBIT AFFIDAVIT OF OSHA TRAINING COMES NOW (Name)//��1V1ren eUt1)Nd aas(officeHeid) a4eCre+QrV of (Company Name/Contractor) GDi- )er fletirI L L ®. and first being duly sworn, on my �oarth, affirm in connection with the contracted services related to App &n Bat �i t_� Fn i _0: t vt *inject Name) for the duration of the 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 requite 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 shall require all of its Subcontractors to comply with the requirements of Section 292.675, RSMo. 5. 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 requited 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 shall withhold 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.) M ATIE�ST:- Secretary (or other officer) (SEAL OF CORPORATION STATE OF MISSOURI COUNTY OF CAPE GIRARDEAU Cotner Elec-466, CO (name of corporation) Oren 90+her. �ecre4ar (name of officer of corporation and ride) r �� fir!"ny I'{b31 0^ ss. On this day of M0dPM6r , 20 4before me appeared 4rm aAAPr to me personally known, who, being by me duly sworn, did say that he/she is theSPcrefary of Cof11Fr Ejet.-l-rlt_ Co , , a Missouri Corporation, and that the seal affixed to the foregoing instrument is the seal of said 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 WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Notary Public My Commission Expires: PRISCILLA B. HUNTER Notary Public, Notary Seal CapetGirrardeau County My Commisslon ExplIes ADHI 2052017 xCITY�r ,_; CAPE 1 R A R D E A U 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 not presently 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 tine of up to $ 10,000 or imprisonment for up to five (5) years or both. Karefn CcAner, N&eere--aru Typed Name & Title of Authorized Representative Signature of Authorized Representative Date ❑ I am unable to certify to the above statement. My explanation is attached Company ID Number: 180313 THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I DJ1D0nCC AKIMArirunairy _ This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Cotner Electric Company, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E - Verify). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E -Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational ._. _.. _.--problems that_. maV_a p$61._.d11ring—the. EmployPC'g—paftiripa{inn agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(x)), and SSA regulations (20 CFR Part 401). Page I o 1316Veri`y MOU for BnployerlReRsion Data 10;29,04 gag erl�°�' IIIIIII Company ID Number: 180313 THE E -VERIFY PROGRAM FOR EMPLOYMENT VERIFICATION MEMORANDUM OF UNDERSTANDING ARTICLE I DJ1D0nCC AKIMArirunairy _ This Memorandum of Understanding (MOU) sets forth the points of agreement between the Department of Homeland Security (DHS) and Cotner Electric Company, Inc. (Employer) regarding the Employer's participation in the Employment Eligibility Verification Program (E - Verify). This MOU explains certain features of the E -Verify program and enumerates specific responsibilities of DHS, the Social Security Administration (SSA), and the Employer. E -Verify is a program that electronically confirms an employee's eligibility to work in the United States after completion of the Employment Eligibility Verification Form (Form 1-9). For covered government contractors, E -Verify is used to verify the employment eligibility of all newly hired employees and all existing employees assigned to Federal contracts. Authority for the E -Verify program is found in Title IV, Subtitle A, of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), Pub. L. 104-208, 110 Stat. 3009, as amended (8 U.S.C. § 1324a note). Authority for use of the E -Verify program by Federal contractors and subcontractors covered by the terms of Subpart 22.18, "Employment Eligibility Verification", of the Federal Acquisition Regulation (FAR) (hereinafter referred to in this MOU as a "Federal contractor") to verify the employment eligibility of certain employees working on Federal contracts is also found in Subpart 22.18 and in Executive Order 12989, as amended. ARTICLE II FUNCTIONS TO BE PERFORMED A. RESPONSIBILITIES OF SSA 1. SSA agrees to provide the Employer with available information that allows the Employer to confirm the accuracy of Social Security Numbers provided by all employees verified under this MOU and the employment authorization of U.S. citizens. 2. SSA agrees to provide to the Employer appropriate assistance with operational ._. _.. _.--problems that_. maV_a p$61._.d11ring—the. EmployPC'g—paftiripa{inn agrees to provide the Employer with names, titles, addresses, and telephone numbers of SSA representatives to be contacted during the E -Verify process. 3. SSA agrees to safeguard the information provided by the Employer through the E -Verify program procedures, and to limit access to such information, as is appropriate by law, to individuals responsible for the verification of Social Security Numbers and for evaluation of the E -Verify program or such other persons or entities who may be authorized by SSA as governed by the Privacy Act (5 U.S.C. § 552a), the Social Security Act (42 U.S.C. 1306(x)), and SSA regulations (20 CFR Part 401). Page I o 1316Veri`y MOU for BnployerlReRsion Data 10;29,04 S Abafy, �� 1111111 M V I ' A 11 V. Company ID Number: 180313 Information relating to the Program Administrator(s) for your Company on policy questions or operational problems: Name: Danielle K Cotner Telephone Number: (573)335-8110 Fax Number: (573)335-2340 E-mail Address: daniellecotner @ivrMP1c ec roc. to r�1 Name: Karen m Cotner Telephone Number: (573) 335 - 8110 Fax Number: (573) 335 - 2340 E-mail Address: YAren Cotnere to Page 13 or Ve > NiJJ for Epp c, =v Star C2te 16i29,08 ® SfCG E—Merify, *� 0 A w� G,,, IIIIIII�o rszpE V.4I.! SF .. sEiYICE P ONs Company ID Number: 180313 To be accepted as a participant in E -Verify, you should only sign the Employer's Section of the signature page. If you have any questions, contact E -Verify at 888-464-4218. Employer Cotner Electric Company, Inc. Karen Cotner ASF c mr,y Name (Please Type or Print) Title C-ieCzr4ar ( lrr y��% , 01114/2009 Signature: pate Department of Homeland Security —Verification Division USCIS Verification Division Name (Please Type or Print) Titie E7ecMwilcally air„rr-red Signature . Page 11 of 13 E Verify iv10u for Einployer(ftevision Date 10/29/08 01114/2009 Date Bond No. BID BEND The American Institute of Architects, AIA Document No. A310 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS, that we Cotner Electric Co., Inc. 2049 Southern Expressway as Principal hereinafter called the Principal, and Old REpublic Surety Company a corporation duly organized under the laws of the state of Wisconsin as Surety, hereinafter called the Surety, are held and firmly bound unto City of Cape Girardeau 401 Independence Cape Girardeau, MO 63701 as Obligee, hereinafter called the Obtigee, in the sum of 57 of Bid Amount Dollars ($ 5% of Bid ), for die payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, esecuttors, administrators, successors and assigns, jointly and severalty, firmly by these presents. WHEREAS, the Principal has submitted a bid for Battery Backup For Traffic Signals NOW, THEREFORE, if the Obligec shall accept the bid of the Principal and the Principal shall cmur into a Contract with the Obligec in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may, in good faith contract with another party to perform the Work covered by said hid, their this obligation shall be null and void, otherwise to remain in fill force and effect. tFeE� Signed and sealed this 25th b day of November COTNER ELECTRIC CO INC � ¢� �I� i Witness By t� �1lLPiL1 ;�`�•. ®�5���;, ro � N Nhnye� IFI•<.r4,� OLD REPUBLIC SURETY COMPANY „r�s�aE.� 1 Surety Witness By: Tod A. Ward AROJ'aey-in-Fact ORSC 21328 (5/97) State of Missouri County of Cape -Girardeau On this 25th day of November , 2014 Personally appeared before me Todd A. Ward who being duly sworn did depose and say that he/she is the attorney-in-fact of the Old Republic Surety Company of Milwaukee, WI, that the seal affixed to the attached instrument is the Corporate Seal of said Corporation, and that said instrument was signed and sealed on behalf of said Corporation by authority of its Board of Directors and the said Todd A. Ward acknowledged that he/she executed said instrument as such attorney-in-fact and as the free act and deed of said Corporation. (Votary Public PRISCILLA S. HUNTER Notary Public, No Seal State of Missouri Cape Glrardeou County Commission # 13520356 My Commission Expires April 20, 2017 * OLD EP lJ L SURETY COMPANY * * * * POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That OLD REPUBLIC SURETY COMPANY, a Wisconsin stock insurance corporation, does make, constitute and appoint: - TODD A. WARD, PRISCILLA B. HUNTER, NANCY C. STRAUSER, OF CAPE GIRARDEAU, MO ' its true and lawful Attorney(s)-in-Fact, with fall power and authority, not exceeding $20,000,000, for and on behalf of the company. as surety, to execute and deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof, (other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note guaranty bonds, self-insurance workers ' compensation bonds guaranteeing payment of benefits, asbestos abatement contract bonds, waste management bonds, hazardous waste remediation bonds or black lung bonds), as follows: - - ALL WRITTEN INSTRUMENTS IN AN AMOUNT NOT TO EXCEED AN AGGREGATE OF FIVE MILLION DOLLARS($5,000,000)------------------------- FOR ANY SINGLE - OBLIGATION, REGARDLESS OF THE NUMBER OF INSTRUMENTS ISSUED FOR THE OBLIGATION. - and to bind OLD REPUBLIC SURETY COMPANY thereby, and all of the acts of said Attorneys -in -Fact, pursuant to these presents, are ratified and confirmed. This document is not valid unless piintedoncolored background and is multi -colon ed. ;This appointment is made under andby authoriof the board of directors at a special meeting held on February 18, 1982.This Power of Attorney is signed and sealed by facsimile under andby the authority of the following resolutions adopted by theboard of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982, RESOLVED that, the president, any vice-president, or assistant vice president, in conjunction with the secretary or any assistant secretary, may appoint attorneys -in -fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to - execute and deriver and affix the seal of the company to bonds,: undertakings, recognizances, and suretyship obligations of all kinds; and said officers may remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person. - - RESOLVED FURTHER, that any band, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company (i) when signed by the president, any vice president or assistant vice president, and attested and sealed (if a seal be required) by any secretary or assistant secretary; or (it) when signed by the president, any vice president or assistant vice president, secretary or assistant secretary, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attomeys-in-fact or agents pursuant to and within the limits of the authority evidenced by the Power of Attorney issued by, the company to such person or persons. - RESOLVED FURTHER, that the signature of any authorized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or certification thereof authorizing theexecution 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 m though manually affixed. IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer, and its corporate seal to be - affixed this 24TH day of JANUARY, 2014. - OLD REPUBLIC SURETY COMPANY °o c auner r Jt L4 SiE SEAL 5�5- i \li�lgn o x �x r yp STATE OF WISCONSIN, COUNTY OF.WAUKESHA-SS::.President.:'. On this 24TH day of JANUARY, 2014 , personally came before me;' Alan Pavlic and Phyllis M. Johnson , to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY who executed the above instrument, and they each acknowledged the execution of the same, and being by me duly swom, did severally depose and say; that they are the said officers of the corporation aforesaid, and that the seal affixed to the above instrument is the seal of the corporation, and that said corporate seal and their signatures as. such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation. - ,�?eTdgY't �Jl� [I'(�, w� 1 Notary Public My commission expires:' --. 9/28/2014 -CERTIFICATE (Expiration of notary commission does not invalidate this instrument) I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation, CERTIFY that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of Attorney, are now in force. - - - 40-3608 ..... up..+t Signed and sealed at the City of Brookfield, WI this 25tH day of NoV0mb0T', 214 SEAL 3 rnvenr mnmFn ri.rcrta eUrc eraw,ry BID OPENING DATE: NOVEMBER 25, 2014 TIME: 1000 AM PLACE: DEVELOPMENT SERVICES SUMMARY OF PROPOSALS RECEIVED FOR: BAT eVYBA6XgPPOR MA,PMC,SWrA4S COMPUTED BY: KJ PAGE 1OF3 ENGINEER'S ESTIMATE COTNER ELECTRIC CO 2049 SOUTHERN EXPRESSWAY CAPE GIRARDEAU MO 63703 KOCH ELECTRIC INC 26688 US HIGHWAY 61 SCOTT CITY MO 63780 KT POWER SYSTEMS 433 COUNTY ROAD 638 CAPE GIRARDEAU MO 63701 ITEM DESCRIPTION UNIT NO. QTY UNIT PRICE TOTAL 1 Battery Back -Up for Traffic Signals EA 5 $ 7,500.00 $ 37,500.00 $ 6,000.00 $ 30,000.00 $ 6,241.77 $ 31,208.85 $ 8,478.00 $ 42,390.00 2 Traffic Control LS 1 $ 1,000.00 $ 1,000.00 $ 2,500.00 $ 2,500.00 $ 8,192.15 $ 8,192.15 $ 4,725.00 $ 4,725.00 AMOUNT OF PROPOSAL GUARANTEE $ 38,500.00 $ 32,500.00 5% OF BID EnnnnnnnnW $ 39,401.00 5% OF BID $ 47,115.00 5% OF BID SURETY OLD REPUBLIC SURETY COMPANY UNITED FIRE & CASUALTY CO UNITED FIRE & CASUALTY CO ieby certoty that the above iso true and correct summery cAproPoe in, received PROJECT MANAGER ***LOW BIDDER*** PAGE 1OF3 20,000.00 $ 28,538.00 $ 575.00 5,877.02 $ 30,000.00 $ 10,120.00 615.04 $126,000.00 $ 105,052.50 33,920.00 $ 51,800.00 $ - 10,560.00 $ 6,162.50 $ 40,700.00 450.00 $ 1,690.00 $ 4,277.50 3,010.00 $ 300.00 $ 1,300.00 2,150.00 $ 1,510.00 $ 705.00 1,500.00 $ 1,960.00 $ 2,490.00 1,200.00 $ 14,250.00 $ 1,760.00 800.00 $ 19,380.00 $ 13,395.00 500.00 $ 9,350.00 $ 12,580.00 150.00 $ 4,840.00 $ 13,695.00 10,000.00 $ 1,490.00 $ 2,960.00 8,000.00 $ 13,650.00 $ 850.00 15,000.00 $ 9,250.00 $ 3,900.00 8,225.00 $ 4,375.00 $ 9,250.00 140.00 $ 17,040.00 $ 2,500.00 1,050.00 $ 10,160.00 $ 13,064.00 900.00 $ 6,000.00 $ 11,408.00 2,650.00 $ 1,500.00 $ 3,275.00 10,400.00 $ 10,920.00 $ 3,040.00 15,200.00 $ 2,600.00 $ 9,900.00 4,200.00 $ 14,456.00 $ 2,630.00 2,000.00 $ 13,350.00 $ 10,805.60 2,500.00 $ 1,980.00 $ 16,910.00 500.00 $ 300.00 $ 1,265.00 400.00 $ 1,750.00 $ 920.00 500.00 $ 1,560.00 $ 875.00 3,600.00 $ 200.00 $ 3,970.00 10,000.00 $ 2,271.50 $ 445.00 175,997.06 $ 693.00 $ 991.20 $ 464.00 $ 522.90 $ 550.00 $ 968.60 $ 220.00 $ 810.00 $ 1,750.00 $ 495.00 $ 5,400.00 $ 7,540.00 $ 1,650.00 $ 3,600.00 $ 430, 500.00 $ 1,150.00 $ 600.00 $ 7,570.00 $ 1,020.00 $ 3,988.00 $ 322,733.30 Staff: Casey Brunke, P.E., City Engineer Agenda: 12/1/2014 SUBJECT Resolution authorizing the City Manager to enter into a General Services Agreement for Stormwater Consultant Services with BFA, Inc. EXECUTIVE SUMMARY The Agreement will allow City Staff to issue task orders to BFA, Inc. for professional services for Municipal Separate Storm Sewer System (MS4) related items in the City of Cape Girardeau. BACKGROUND/DISCUSSION In February 2014, the City Stormwater Coordinator became the Traffic Operations Engineer. City Staff conducted a lengthy effort to hire a full time Stormwater Coordinator, but were unsuccessful. In the interim, the Traffic Operations Engineer has been trying to perform all the tasks for both traffic and stormwater. With no qualified candidates available, it was determined to see if a consultant could perform some of the necessary tasks for the national and state stormwater regulations under MS4. Staff was familiar with BEA Engineers having done some MS4 services for the City before and contacted them about this topic. After much discussion, it was determined BFA, Inc. could provide some much needed services for continuing compliance with the MS4 Program at costs that are acceptable. FINANCIAL IMPACT The funds for these services will come from the Stormwater Coordinator salary. STAFF RECOMMENDATION Staff recommends that the Council approve a Resolution authorizing the City Manager to enter into a General Services Agreement with BFA, Inc. for Stormwater Consultant Services. ATTACHMENTS: Name: Description: ❑ Stormwater Consult - BFA 2014.doc BFA- Stormwater Consult Resolution ❑ GSA BFA Stormwater Services.pdf General Services Agreement BILL NO. 14-189 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BFA, INC., FOR STORMWATER CONSULTANT SERVICES BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with BFA, Inc., for Stormwater Consultant Services, in the City of Cape Girardeau. The Agreement shall be in substantially the form attached hereto as Exhibit A, which document is hereby approved by the City Council, with such changes therein as shall be approved by the officers of the City executing the same. PASSED AND ADOPTED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CONTRACT For STORMWATER CONSULTANT SERVICES CONSULTANT NAME: BFA, Inc. THIS CONTRACT is between City of Cape Girardeau, Missouri, hereinafter referred to as the "City", and BFA, Inc., 103 Elm Street, Washington, Missouri 63090-2190 hereinafter referred to as the "Consultant". INASMUCH as the City intends to use the services of a consultant for the MS4 Stormwater Quality Permit Program, the Consultant, upon the City's request through written Task Orders, will provide the City with any and all professional services hereinafter detailed for the implementation of various elements of the City's Stormwater Management Program which includes the MS4 permit compliance program. The City will pay the Consultant as provided in this contract and subsequent Task Orders. It is mutually agreed as follows: ARTICLE I - SCOPE OF SERVICES A. CONSTRUCTION SITE SWPPP INSPECTIONS - The Consultant will, if requested by the City: review provided plans to understand site design with regards to the City's Stormwater Management Program requirements and the approved plans; 2. conduct site inspections to evaluate the site operators compliance with the City's Stormwater Management Program and the approved plans; 3. take photos for documentation and maintain those photos in a project folder; 4. provide the City's point of contact with a completed site inspection checklist, noting any B. PROPOSED DEVELOPMENT PLAN REVIEW FOR STORMWATER REQUIREMENTS - The Consultant will, if requested by the City: will establish a secure document delivery portal for the City to upload plan sets that need to be reviewed. This may be a Microsoft SharePoint site or an open link to the consultant's secure document delivery system; 2. download provided documents from the document delivery portal; review the documents and comment on compliance with City and State Stormwater Pollution Prevention Plan and Land Disturbance permit requirements; WE 3. provide summary comment report and/or "redlined" plan sheets with comments; 4. attend (via teleconference) Plan Review meeting with City staff to review project. C. POST CONSTRUCTION BMP INSPECTIONS - The Consultant will, if requested by the City: 1. work with City staff to identify and map existing, post -construction BMPs (public and private detention/retention areas, bio -retention facilities, green infrastructure, and proprietary devices) within the City's jurisdiction; 2. conduct inspections of post -construction BMPs identified by the City for inspection. a. Inspections could include reviewing available plans, conducting a visual inspection of the BMP, and providing documentation of the inspection for the City's records. D. PUBLIC MEETINGS - The Consultant will, if requested by the City: 1. provide an approximate 1 -hour presentation, intended for an introductory audience for a general overview of MS4 compliance requirements (to include brief regulatory history and current Minimum Control Measures required the by the Missouri General Permit). E. GOOD HOUSEKEEPING IN MUNICIPAL OPERATIONS - The Consultant will, if requested by the City: 1. perform inspections at different city owned and operated facilities and provide written summary of that inspection with recommendations for improvements; 2. provide a 1 -hour training presentation for staff education F. ILLICIT DISCHARGE - The Consultant will, if requested by the City: 1. work with the City to schedule and direct inspections and stream corridor walks to investigate for illicit discharges to the storm conveyance system and document the inspections; a. It is understood that guidance is to perform these walks at least once per 5 -year permit cycle, therefore, the intention will be to perform walks in 20% of these stream corridors each year. -2- ARTICLE II - ADDITIONAL SERVICES The City reserves the right to request additional work; changed or unforeseen conditions may require changes and work beyond the scope of this contract. In this event, a supplement to this agreement shall be executed and submitted for the approval of City prior to performing the additional or changed work or incurring any additional cost thereof Any change in compensation will be covered in the supplement. ARTICLE III - RESPONSIBILITIES OF CITY The City will cooperate fully with the Consultant in the development of the project, including the following: A. make available all information pertaining to the project which may be in the possession of the City, B. provide the Consultant with the City's requirements for the project; C. make provisions for the Consultant to enter upon property at the project site for the performance of his duties; D. examine all studies and layouts developed by the Consultant and render decisions thereon in a prompt manner so as not to delay the Consultant; E. designate a City's employee to act as City's representative under this contract, such person shall have authority to transmit instructions, interpret the City's policies and render decisions with respect to matters covered by this agreement. ARTICLE IV - PERIOD OF SERVICE The Consultant will commence work within two weeks after receiving signed Task Order and notice to proceed from the City. The work shall be completed in accordance with the associated Task Order. The times are exclusive of review time by other agencies and exclusive of time needed to acquire right-of-way. The City will grant time extensions for unavoidable delays beyond the control of the Consultant. Requests for extensions of time should be requested in writing by the Consultant, stating fully the reasons for the request. ARTICLE V - STANDARDS The Consultant shall be responsible for working with the City in determining the appropriate design parameters and construction specifications for the project using good Engineering judgment based on the specific site conditions, City needs, and guidance provided in the most current version of City of Cape Girardeau Standard Specifications and Drawings. If the project is on MoDOT Right -of -Way, -3- then the latest version of Engineering Policy Guide (EPG) and Missouri Standard Specifications for Highway Construction shall be followed. ARTICLE VI - COMPENSATION For services provided under this contract, the City will compensate the Consultant as determined in the Task Order based on Consultant's Charge Out Rates as determined below: Charge Out rates shall include all direct payroll, general and administrative overhead, specialized equipment costs, payroll taxes, holiday and vacation pay, sick leave pay, insurance benefits, retirement and incentive pay. 2. Additional work incurred by others on a subcontract basis, said costs are to be passed through the Consultant on the basis of reasonable and actual cost as invoiced by the subcontractors, only if required and approved by the City. METHOD OF PAYMENT — Unless otherwise stated in the Task Order, partial payments will be made to the Consultant for work satisfactorily completed upon receipt of itemized invoices by the City. 1. Invoices will be submitted monthly. Invoices submitted on or before the 20th day of any month shall become due and payable on the 10th day of the following month. Invoices for each Task Order shall be submitted separately. 2. City's Right to Withhold Payment In the event City becomes informed that any representations of Consultant provided in its monthly billing, are wholly or partially inaccurate, City may withhold payment of sums then or in the future otherwise due to Consultant until the inaccuracy and the cause thereof, is corrected to City's reasonable satisfaction. Consultant shall correct or revise any errors or deficiencies in its designs, drawings or specifications without additional compensation when due solely to Consultant's negligent acts, errors, or omissions. PROPERTY ACCOUNTABILITY - If it becomes necessary to acquire any specialized equipment for the performance of this contract, appropriate credit will be given for any residual value of said equipment after completion of usage of the equipment. ARTICLE VII - COVENANT AGAINST CONTINGENT FEES The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall -4- have the right to annul this agreement without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee, plus reasonable attorney's fees. ARTICLE VIII - SUBLETTING, ASSIGNMENT OR TRANSFER No portion of the work covered by this contract, the contract itself, or any Task Order, except as provided herein, shall be assigned, sublet or transferred without the written consent of the City. The subletting of the work shall not relieve the Consultant of his primary responsibility for the quality and performance of the work. The Consultant may engage subcontractors for the purposes of: foundation borings and tests, abstracts of title, archaeological studies and environmental studies, if required and approved by the City. ARTICLE IX - PROFESSIONAL ENDORSEMENT All plans, specifications and other documents shall be endorsed by the Consultant and shall reflect the name and seal of the Professional Engineer endorsing the work. By signing and sealing the PS&E submittals the Engineer of Record will be representing to the City that the design is meeting the intent of the program. Any review or approval by City of any documents prepared by the Consultant and/or its consultants including but not limited to the plans and specifications, shall be solely for the purpose of determining whether such documents are consistent with City's construction program and intent and shall not be construed as approval of same by City. No review of such documents shall relieve Consultant of its responsibility for the accuracy, adequacy, fitness, suitability and coordination of its work product. Consultant shall assign only qualified personnel to perform any service concerning the Project. At the time of execution of the Task Order, the parties will agree on the Project Manager for the Task. This person shall be the primary contact with the City's Project Manager and shall have authority to bind Consultant. ARTICLE X - RETENTION OF RECORDS The Consultant shall maintain all records, survey notes, design documents cost and accounting records, construction records and other records pertaining to this contract and to the project covered by this contract, for a period of not less than three years following final payment by City. Said records shall be made available for inspection by authorized representatives of the City during regular working hours at the Consultant's place of business. ARTICLE XI - OWNERSHIP OF DOCUMENTS Plans, tracings, maps and specifications prepared under this contract shall be delivered to and become the property of the City upon termination or completion of work. Basic survey notes, design computations and other data prepared under this contract shall be made available to the City upon request. All such information produced under this contract shall be available for use by the City -5- without restriction or limitation on its use. If the City incorporates any portion of the work into a project other than that for which it was performed, the City shall save the Consultant harmless from any claims and liabilities resulting from such use. ARTICLE XII - TERMINATION The City may terminate the contract at any time by giving written notice. If the contract is terminated because the project is abandoned or postponed by the City, the Consultant will be paid for actual time and covered expenses incurred up to the date of termination, plus a pro -rated portion of any fixed fee. If the contract is terminated due to the Consultant's services being unsatisfactory in the judgment of the City, or if the Consultant fails to prosecute the work with due diligence, the City may procure completion of the work in such manner as it deems to be in the best interest of the City. A Notice of Termination will be sent to the Consultant and the Consultant shall have a period of ten (10) days to remedy the cause for termination. The Consultant will be responsible for any excess cost in addition to that provided for in this contract or any damages the City may sustain by reason of the termination of this contract due to unsatisfactory performances or prosecution. When Consultant services have been so terminated, such termination shall not affect any rights or remedies of the City against Consultant then existing or which may later accrue. Similarly, any retention or payment of monies due the Consultant shall not release the Consultant from liability. ARTICLE XIII - DECISIONS UNDER THIS CONTRACT The City will determine the acceptability of work performed under this contract, and will decide all questions which may arise concerning the project. The City's decision shall be final and conclusive. ARTICLE XIV - SUCCESSORS AND ASSIGNS Subject to the restrictions on assignments in Article VIII above, the City and the Consultant agree that this contract and all contracts entered into under the provisions of this contract shall be binding upon the parties hereto and their successors and assigns. ARTICLE XV - COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, ordinances, and regulations applicable to the work, including Title VI of the Civil Rights Act of 1964 and non-discrimination clauses incorporated herein, and shall procure all licenses and permits necessary for the fulfillment of obligations under this contract. Consultant shall further comply with the following state law requirements: Work 4uthorization Program. If the Contract is for services expected to cost more than $5,000.00, the Consultant shall comply with of Section 285.530 RSMo., pertaining to enrollment and participation in a federal work authorization program (as defined therein) and shall provide verification through an affidavit (attached as Attachment C) that the Consultant (1) does not -6- knowingly employ any person who is an unauthorized alien in connection with the Contract and (2) is enrolled in a federal work authorization program and provide documentary proof thereof. The affidavit shall contain the notarized signature of the registered agent, legal representative or corporate officer of the Consultant including but not limited to the human resources director or their equivalent. Proof of Lawful Presence. Section 208.009 RSMo., requires that all applicants at the time of application for any contract provided by a local government provide "affirmative proof that the applicant is a citizen or a permanent resident of the United States or is lawfully present in the United States." Consultant's affirmative proof must be established through (i) a Missouri driver's license, (ii) any "documentary evidence recognized by the department of revenue when processing an application for a driver's license," or (iii) "any document issued by the federal government that confirms an alien's lawful presence in the United States." §208.009.3 ARTICLE XVI - RESPONSIBILITY FOR CLAIMS AND LIABILITY The Consultant agrees to save harmless the City from all claims and liability due to his negligent acts or the negligent acts of his employees, agents or subcontractors. The City shall be entitled to recover its actual attorneys' fees from Consultant for the City's enforcement of this Agreement. ARTICLE XVII — INSURANCE The Consultant shall maintain commercial general liability, automobile liability, and worker's compensation and employer's liability insurance in full force and effect to protect the Consultant from claims under Worker's Compensation Acts, claims for damages for personal injury or death, and for damages to property arising from the negligent acts, errors, or omissions of the Consultant and its employees, agents and Sub consultants in the performance of the services covered by this Agreement, including, without limitation, risks insured against in commercial general liability policies. The Consultant shall also maintain professional liability insurance to protect the City against the negligent acts, errors, or omissions, of the Consultant and those for whom it is legally responsible, arising out of the performance of professional services under this Agreement. Unless another amount is agreed to by the City Engineer based on the circumstances the Consultant and his Sub consultants shall procure and maintain during the life of this Agreement insurance of the types and minimum amounts as follows: Insurance Tvae Worker's Compensation: Commercial General Liability: Comprehensive Automobile Liability: -7- Amount $1,000,000 each accident $1,000,000 each employee $1,000,000 policy limit $2,000,000 each occurrence $4,000,000 aggregate $1,000,000 combined single limit Umbrella Liability: $2,000,000 each occurrence $2,000,000 aggregate Professional Liability: $2,000,000 claim $5,000,000 aggregate The City's Protective policy shall name the City as the Insured. Certificates evidencing such insurance shall be furnished the City prior to Consultant commencing the work on this project. The certificates must state, "The CITY OF CAPE GIRARDEAU is an additional insured". The City Engineer reserves the right to adjust the limit coverage requirements in accordance with changes in the statutory sovereign immunity limits over the life of this contract to reflect any changes in the limits as published by the Missouri Department of Insurance in the state register pursuant to RSMo. §537.610. The Consultant shall, upon request at any time, provide the City with certificates of insurance evidencing the Consultant's commercial general or professional liability policies and evidencing that they and all other required insurance is in effect, as to the services under this Contract. Any insurance policy required as specified in this Article shall be written by a company that is incorporated in the United States of America or is based in the United States of America. Each insurance policy must by issued by a company authorized to issue such insurance in the State of Missouri. ARTICLE XVIII — FINDINGS CONFIDENTIAL To the fullest extent permitted by law, all reports, information, data, etc. prepared or assembled by the Consultant under this contract are confidential, and the Consultant agrees they shall not be made available to any individual or organization without the prior written approval of the City. ARTICLE XIX - NONDISCRIMINATION The Consultant, with regard to the work performed by it after award and prior to completion of the contract work, will not discriminate on the ground of race, color or national origin in the selection and retention of subcontractors. The Consultant will comply with Title VI of the Civil Rights Act of 1964, as amended. More specifically, the Consultant will comply with the regulations of the Department of Transportation relative to nondiscrimination in federally assisted programs of the Department of Transportation, as contained in 49 CFR 21 through Appendix H and 23 CFR 710.405 which are herein incorporated by reference and made a part of this contract. In all solicitations either by competitive bidding or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the Consultant's obligations under this contract and the regulations relative to non-discrimination on the ground of color, race or national origin. -8- ARTICLE XX – PERIOD OF SERVICE This contract shall remain in effect for five years. ARTICLE XXI - ATTACHMENTS The following exhibits are attached hereto and are hereby made part of this contract: Attachment A – Consultant's Charge Out Rates for 2014, 2015, 2016, 2017, 2018, and 2019 Attachment B – Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions Attachment C – Affidavit of Participation in Federal Work Authorization Program Executed by the Consultant this � day of fi(w, , 2014 Executed by the City this day of 20—. FOR: CITY OF CAPE GIRARDEAU am ATTEST: Scott Meyer, City Manager City Cleric FOR: Inc. BY: /I Raymond H Frankeni�be}}rg II - Presi ent ATTEST:�(111� -9- ATTACHMENT A Consultant Current Charge -Out Rates Charge -Out Rates for 2015, 2016, 2017, 2018, and 2019 will not increase by more than 3% annually without negotiation and approval of the City. Charge Out Rates Effective January 15, 2014 Classification Hourly Rate Engineer Project Manager sur eyor Field Technician Field Technician/Robotic$65 Drafter 545 - JR5 ATTACHMENT B CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS INSTRUCTIONS FOR CERTIFICATION By signing and submitting this proposal, the prospective primary participant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction. 3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary participant knowingly rendered an erroneous certification in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause of default. 4. The prospective primary participant shall provide immediate written notice to the department or agency to whom this proposal is submitted if at any time the prospective primary participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," "proposal" and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations. 6. The prospective primary participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. The prospective primary participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion --Lower Tier Covered Transaction" provided by the department or -11- agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the Nonprocurement List at the Excluded Parties List System. https://www. epls.gov/epls/search.do?page=A&status=current&agency=69#A. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. -12- ATTACHMENT C AFFIDAVIT OF PARTICIPATION IN FEDERAL WORK AUTHORIZATION PROGRAM Comes nOWRaymond H. Frankenberg" as President t _ first being duly Sworn, on my oath, (name) (office held) affirm BPA, Inc. (company name) ("Consultant") is enrolled and will continue to participate in a federal work authorization program in respect to employees that will work in connection with the contracted services related to Ms4 stormwater Quality Permit Program and any incidental items (describe project) associated with this work for the duration of the contract, if awarded, in accordance with Section 285.530.2, Revised Statutes of Missouri. I also affirm that the Consultant does not and will not knowingly employ a person who is an unauthorized alien in connection with the contracted services for the duration of the contract, if awarded. Attached to this affidavit is documentation of the Consultant's participation in a federal work authorization program. (ATTACH DOCUMENTATION SHOWING THAT COMPANY PARTICIAPTES IN FEDERAL WORK AUTHORIZATION PROGRAM. ALSO ATTACH PROOF OF LAWFUL PRESENCE, AS PROVIDED IN THE GENERAL CONDITIONS) In Affirmation thereof, the facts stated above are true and correct (The undersigned understands that false statements made in this filing are subject to the penalties provided under Section 575.040, RSMo). No ats r Sig ature (person with auth rity President Title State of Missouri ss. County of Franklin Raymond H Frankenberg II Printed Name Date Subscribed and sworn to before me this -L�- day of L 201. g s / l My commission expires: Notary Public BLANCA C.SO L Note Public - Notary Seal ST .TE OF MISS O) RI -13- Commisslaon County 55869 My Commission Expires: 11/11/2018 Staff: Tim Gramling - Public Works Agenda: Director 12/1/2014 SUBJECT Agreement for Solid Waste Services with Republic Services (dba CWI of Missouri) EXECUTIVE SUMMARY This is an Agreement with Republic Services for Solid Waste Services that includes hauling solid waste from the City's Transfer Station. and disposing of it in their state approved landfill at Dexter, MO. The current agreement with IESI expires December 15, 2014 and this proposed agreement with Republic would begin December 15, 2014. BACKGROUND/DISCUSSION A request for proposals for Solid Waste Services was advertised on August 6, 2014 and proposals were received on October 6, 2014. Republic Services was chosen from the fours proposals submitted. This agreement is a result of the negotiations between the City and Republic Services based on their submitted proposal. The agreement establishes the hauling and transportation rates as well as the conditions for providing those services for the City. The agreement also sets out the terms of a future arrangement that will allow the City to pursue the construction of a new City owned Solid Waste Multi -Use Facility that will be funded through additional revenues produced as a result of this agreement with Republic. Negotiations continue for the construction of a new facility. If a favorable arrangement is reached an agreement for the construction of the new facility will be brought to Council at that time for approval. If a favorable arrangement is not reached an alternative agreement for the solid waste services provided by the agreement being approved at this time may be brought to Council at a later date. FINANCIAL IMPACT The hauling transportation and hauling rates for the next five years are established in this agreement. The rate for the first year of the agreement beginning on December 15, 2014, is less than the current rate being paid by the City. Therefore there will be a savings for the remainder of the current 2014-2015 budget year for transportation and hauling solid waste from the City's existing Transfer Station. In addition, a future goal of this agreement is for revenue to be generated to cover the bond payments for the construction of a new facility without having to raise the Solid Waste users fees. The level of investment the City will need to provide toward a portion of the construction of this City owned and operated facility is still being determined. STAFF RECOMMENDATION It is recommended the City Council approve a resolution authorizing the City Manger to execute the agreement and all agreement documents as attached. ATTACHMENTS: Name: Description: ❑ CWI Solid Waste Service 2014.doc CWl - Solid Waste Resolution ❑ Solid Waste Servcies Agreement 11 24 2014.odf Solid Waste Services Agreement BILL NO. 14-190 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SOLID WASTE SERVICES WITH REPUBLIC SERVICES, D/B/A CWI OF MISSOURI, INC. 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 for Solid Waste Services with Republic Services, d/b/a CWI of Missouri, Inc. This 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 AGREEMENT FOR SOLID WASTE SERVICES CITY OF CAPE GIRARDEAU, MISSOURI This agreement (this "Agreement') made and entered into this day of , by and between the City of Cape Girardeau, Missouri, hereinafter referred to as "the Com," and CWI of Missouri, Inc., organized under the laws of the State of Missouri and having its principal place of business at 18500 N. Allied Way, Phoenix, AZ 85054, hereinafter referred to as "the Contractor." Witnesseth: Whereas, as of the Effective Date (as defined in Section 1 below), the City and the Contractor intend for the Contractor to transport and dispose of Solid Waste (as defined in Section 1 below) from the Current City -Owned Transfer Station (as defined in Section 1 below) to a Disposal Facility (as defined in Section 1 below); Whereas, the City intends to construct and operate the Multi -Use Facility (as defined in Section 1 below); Whereas, as of the Multi -Use Effective Date (as defined in Section 1 below), the City and the Contractor intend for the Contractor to (i) deliver Solid Waste to the Multi -Use Facility; and (ii) transport and dispose of the Solid Waste from the Multi -Use Facility to a Disposal Facility; Whereas, the City and the Contractor intend to enter into the Lease (as defined in Section 1 below); and Whereas, the parties are desirous of entering into this Agreement. Now Therefore, in consideration of the mutual covenants and agreements contained herein, and of the consideration to be paid by the City to the Contractor, as hereinafter set forth, the City and Contractor hereby agree as follows: 1. Definitions (a) "Applicable Laws" means any and all applicable federal, state, county and local laws, statutes, rules, regulations, licenses, ordinances, judgments, orders, decrees, directives, guidelines or policies (to the extent mandatory), permits and other governmental and regulatory approvals, including, without limitation, any similar form of NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 1 decision or determination by, or any interpretation or administration of, any of the foregoing by any Government Entity with jurisdiction over the Contractor, the City, or the performance of the work under this Agreement and the transactions contemplated in this Agreement. (b) "Bio -Solid Cake Services" means the transportation and/or disposal of bio -solid cake materials generated by the City at the Disposal Facility. (c) "Bio -Solid Cake Services Fee" means the amount the City pays to the Contractor for the Bio -Solid Cake Services as provided on Attachment A and as such amount is adjusted pursuant to this Agreement. (d) "Confidential Information" means all data, information, reports or documents developed or collected by one party and provided or made available to the other party or its agents as a result of any of the rights granted to, or obligations undertaken by, either party pursuant to this Agreement, whether or not designated as confidential, but shall not include information to the extent such information (a) is in the public domain at the time of disclosure, or (b) following disclosure, becomes generally known or available through no action or omission on the part of the receiving party, or (c) is known, or becomes known, to the receiving party from a source other than the disclosing party or its representatives, provided that disclosure by such source is not in breach of a confidentiality agreement with the disclosing party, or (d) is independently developed by the receiving party or its directors, officers, employees, agents, legal counsel or consultants without reference to the originating party's Confidential Information. (e) "CPI Adjustment" means the adjustment to the fees and payments as applicable by designation on Attachment A (or any attachments thereto) and effective upon each anniversary of the Effective Date (unless otherwise provided in Attachment A) and based upon the increase in the Consumer Price Index (CPI) for all Urban Consumers (all items- US City Average), Garbage & Trash Collection, as published by the U.S. Department of Labor Statistics for the twelve (12) months immediately preceding such anniversary. (f) "Current City -Owned Transfer Station" means the solid waste transfer station owned and operated by the City for acceptance and processing of Solid Waste as of the Effective Date and located at 2500 Block of South Sprigg Street, Cape Girardeau, MO 63703. (g) "Disposal Facility" means any landfill or other disposal facility owned, operated or utilized by the Contractor for the acceptance of Solid Waste and/or Special Waste. (h) "Effective Date" means December 14, 2014. (i) "Excluded Waste" means the following wastes and materials that cannot and will not be accepted at the Current City -Owned Transfer Station or the Multi -Use Facility and the Contactor will not be required to handle, haul and dispose of such: • Bulk liquids; • Semi-solids; NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 OCL 20141120 (2) Page 2 • Highly flammable or volatile substances; • Unexpended pesticide containers; • Raw animal manure; • Septic tank pumpings; • Incinerator and air pollution control residues generated from facilities not exempted under 10 CSR 80.2.020(9)(A)2; • Industrial process wastes and sludges; • Large dead animals or large quantities of small dead animals, except for those collected by the City from City nuisance abatement and public works activities • Regulated quantities of hazardous waste; • Radioactive materials; • Explosives; • Infectious wastes as provided by 10 CSR 80-7.0101; and • Any other waste or material that cannot be accepted at the Current City -Owned Transfer Station, the Multi -Use Facility or the Disposal Facility pursuant to Applicable Laws. The parties agree that such excluded waste shall be updated to include any changes in Applicable Laws. Excluded Waste also includes any Special Waste that does not conform to the Special Waste Profile. (j) "Force Majeure" means riots, wars, civil disturbances, insurrections, acts of terrorism, epidemics, earthquakes, floods, washouts, explosions, fires, acts of God, and other similar catastrophic events which are beyond the reasonable control of the City or the Contractor, as the case may be. It is specifically understood that the phrase 'other similar catastrophic events does not include, among other things, strikes, lockouts, other labor disturbances, or breakage or accidents to machinery, equipment or plants. (k) "Fuel Adjustment" means an amount payable by the City to the Contractor on each ton of Solid Waste transported from the Current City -Owned Transfer Station or the Multi -Use Facility applicable if the average price per gallon for diesel fuel determined utilizing the DOE Midwest Region Index for the month being billed exceeds $3.75 per gallon. Such amount payable by the City to the Contractor shall be an additional $.01 per ton (which shall be added onto the transportation price per ton of the Solid Waste Transportation and Disposal Fee) for every $.01 such average exceeds $3.75 per gallon and such shall be payable during the month following such determination. If such average is equal to or less than $3.75 per gallon, there is no Fuel Adjustment for such month. (1) "Government Entity" means any court or tribunal in any jurisdiction or any federal, state, municipal, or other governmental body, agency, authority, department, commission, board, bureau or instrumentality. (m) "Initial Term" means the initial twenty (20) year term of this Agreement as provided in Section 21. (n) "Lease" means the Site Lease Agreement in the form attached hereto as Attachment D under which Contractor, as Lessee, leases from the City, as Lessor, the Leased Premises. NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 OCL 20141120 (2) Page 3 (o) "Leased Premises" means the building and areas described in the Lease and to be located at the Multi -Use Facility, together with the non-exclusive right to use the maintenance bay located at 2007 Southern Expressway, Cape Girardeau, MO 63703. (p) "Multi -Use Facility" means the facility to be designed, permitted, constructed, owned and operated by the City for the acceptance and processing of Solid Waste and recyclables and to be located at 2055 Corporate Circle, Cape Girardeau, MO 63703. (q) "Multi -Use Facility Effective Date' means the date the Multi -Use Facility is open for commercial operations in compliance with Applicable Laws and able to accept Solid Waste and recyclables. (r) "Recipients" means consultants, agents, representatives, actual or potential financiers, or employees of the receiving party who (i) shall be obligated to keep Confidential Information confidential and (ii) need access to such Confidential Information to assist the receiving party in the exercise of its rights and the performance of its obligations under this Agreement. (s) "Recycling Center" means the facility owned and operated by the City that accepts recyclables for acceptance and processing as of the Effective Date and located at 2007 Southern Expressway, Cape Girardeau, MO 63703. (t) 'Renewal Term" means any of three renewals of the term of this Agreement each for a period of five (5) years. (u) "Solid Waste' means only such waste or materials that the City is permitted by Applicable Laws to process through (i) the Current City -Owned Transfer Station and by the rules and regulations of the State of Missouri and the United States government from the Effective Date until the Multi -Use Facility Effective Date, and (ii) the Multi -Use Facility and by the rules and regulations of the State of Missouri and the United States government from and after the Multi -Use Facility Effective Date. (v) "Solid Waste Transfer Station Processing Fee' means the amount per ton the Contractor pays to the City for processing each ton of Solid Waste the Contractor delivers to the Current -City Owned Transfer Station and the Multi -Use Facility as provided on Attachment A and as such amount is adjusted pursuant to this Agreement. (w) "Solid Waste Transportation and Disposal Fee' means the amount per ton the City pays to the Contractor for transportation and disposal of each ton of Solid Waste (whether delivered by or on behalf of the City, the Contractor or any other party) the Contractor transports and disposes of from the Current -City Owned Transfer Station Effective Date and the Multi -Use Facility as provided on Attachment A and as such amount is adjusted pursuant to this Agreement. (x) "Special Waste" means any nonhazardous solid waste generated by the City which, because of its physical characteristics, chemical make-up, or biological nature requires either special handling, disposal procedures including liquids for solidification at the landfill, documentation, and/or regulatory authorization, or poses an unusual threat NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 4 to human health, equipment, property, or the environment. (y) "Special Waste Profile means the profile and any other documentation provided by Contractor to the City that the City must complete and provide to the Contractor and the Contractor must approve prior to the Contractor's acceptance of any Special Waste. 2. Current City -Owned Transfer Station and Multi -Use Facility Materials to be Accepted, Transported and Disposed. As of the Effective Date, the Contractor shall accept Solid Waste from the Current City - Owned Transfer Station for transportation and disposal pursuant to the terms and conditions of this Agreement, and as of the Multi -Use Facility Effective Date, the Contractor shall accept Solid Waste from the Multi -Use Facility for transportation and disposal pursuant to the terms and conditions of this Agreement. As of the Multi -Use Facility Effective Date, the Contractor agrees to deliver to, and the City agrees to accept at, the Multi -Use Facility, all Solid Waste collected by the Contractor's collection vehicles operating from the Leased Premises. The Contractor makes no guarantee of minimum or maximum quantities of Solid Waste which may be provided pursuant to this Agreement. The City makes no guarantee of minimum or maximum quantities of Solid Waste which may be received pursuant to this Agreement; however, the City agrees to direct any Solid Waste collected by or on behalf of the City (including if the City awards a franchise or contract to a third party) to the Current City -Owned Transfer Station upon the Effective Date and the Multi -Use Facility upon the Multi -Use Facility Effective Date. The City will operate the Current City -Owned Transfer Station upon the Effective Date and the Multi -Use Facility upon the Multi -Use Facility Effective Date and equipment therein, including the scale. The City will receive, store and load the incoming Solid Waste into the Contractor provided transfer trailers. In connection with the loading of the incoming Solid Waste into the Contractor provided transfer trailers, the City, or its contractors, shall not damage such trailers or overload such trailers in amount exceeding what such trailers can haul pursuant to Applicable Law. In connection with the City's permitting of the Multi -Use Facility, the Contractor agrees to provide reasonable assistance to the City's personnel tasked with submitting and receiving the necessary environmental permits in connection with the Multi -Use Facility. 3. Solid Wastes to be Hauled from the Current City -Owned Transfer Station and the Multi -Use Facility by Contractor. The City agrees that only Solid Waste will be provided to the Contractor for transportation and disposal by the Contractor from the Current City -Owned Transfer Station and the Multi -Use Facility. The City shall transport the residue from the Recycling Center to the Current City -Owned Transfer Station and the Multi -Use Facility, as applicable, to be included with the Solid Waste to be transported and disposed of by the Contractor. The City will provide the residue from the recycling portion of the Multi - Use Facility to the solid waste portion of the Multi -Use Facility to be included with the Solid Waste to be transported and disposed of by the Contractor. NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 5 The Contractor shall be solely responsible for transportation of Solid Waste from the Current City -Owned Transfer Station and the Multi -Use Facility to the Disposal Facility. Contractor furnished transfer tractors and trailers will meet the requirements listed in Attachment B. The Contactor shall also provide containers and haul and dispose of Solid Waste placed in such containers as agreed to by the parties at the rates provided in Attachment A. 4. Special Waste and Excluded Waste. In the event any Special Wastes generated by the City are to be disposed of directly at the Disposal Facility, the City and the Contractor shall negotiate and agree upon the transportation and disposal costs (unless the rates for such are otherwise provided on Attachment A) and the City shall comply with the Contractor's procedures and policies for the handling and disposal of Special Waste including execution of a Special Waste Profile. In the event that any Excluded Wastes are delivered to the Current City -Owned Transfer Station, the Multi -Use Facility or the Disposal Facilities, the parties agree that title to such Excluded Waste shall not transfer to the Contractor or the City (except for any Excluded Waste generated by the City) and the generator and/or the transporter of such waste shall be responsible and liable for the proper handling and disposal of such waste, including any costs and expenses with respect thereto, in a manner that will not impact the operation of the Current City -Owned Transfer Station, the Multi -Use Facility or the Disposal Facilities. 5. Landfill Disposal Services. The Contractor shall have the responsibility to ensure that operation of the Disposal Site(s) is in strict accordance with the provisions of this Agreement for the term of this Agreement and any extension thereof. The Disposal Site must be permitted and licensed to operate after the Effective Date and through the term of Agreement and must annually demonstrate or document that sufficient available air space is reserved specifically for the Solid Waste from the Current City -Owned Transfer Station and the Multi -Use Facility for the remaining term of this Agreement. Documentation demonstrating compliance with Applicable Laws and the availability of reserve capacity for anticipated Solid Waste quantities from the Current City -Owned Transfer Station and the Multi -Use Facility shall be provided to the City annually, by September 15th in the year proceeding the next calendar year in which the Disposal Site will receive Solid Waste from the Current City -Owned Transfer Station and the Multi -Use Facility for disposal. For any landfill in Missouri that is a Disposal Site, the landfill design and operation must strictly comply with Section 10 CSR 80-3.010 of the Missouri Solid Waste Rules. A designated representative of the City shall have the right to observe and review operations at the Disposal Site, including the operating records and all records NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 6 associated with regulatory compliance, and enter the Disposal Site for the purpose of such observation and review during normal operating hours upon reasonable prior written notice. The City shall have the right to audit upon reasonable prior written notice the construction and operating records, including regulatory communications at any time to satisfy itself that the Disposal Facility is in compliance with Applicable Law and this Agreement. All services performed by the Contractor under this Agreement shall, at all times, be subject to inspection by a duly authorized representative of the City upon reasonable prior notice to the Contractor. 6. Temporary Alternative Disposal Arrangement. The Contractor shall make provisions to dispose of the Solid Waste from the Current City -Owned Transfer Station and the Multi -Use Facility at an alternate Disposal Site should the primary Disposal Site become temporarily unavailable to accept the Solid Waste from the Current City -Owned Transfer Station and the Multi -Use Facility for any reason. The availability of such an alternate Disposal Site shall be documented to the City annually so as to ensure no interruption in service to the City. In the event that the Contractor fails or is unable to dispose of any Solid Waste from the Current City -Owned Transfer Station and the Multi -Use Facility which it is obligated to accept and dispose of under the terms of this Agreement because of any temporary event, other than described in Section 27 of this Agreement, whose occurrence materially and adversely affects the Contractor's ability to dispose of such waste at the Disposal Site, the Contractor shall transport and dispose of such waste to an alternate Disposal Site selected by the Contractor at no additional cost to the City and with no interruption in service, until the Disposal Site is once again available. The alternate Disposal Site shall meet all the requirements in this Agreement. 7. [RESERVED] 8. [RESERVED]. 9. Fuel. In connection with this Agreement, the Contractor may purchase diesel fuel for its vehicles from the City at the same cost the City charges all City Departments for such fuel (which is the actual cost of fuel plus overhead costs of $0.18 per gallon as of the Effective Date; which overhead costs shall not unreasonably increase) plus any applicable taxes. The City shall provide to the Contractor reasonable confirmation of such cost. 10. Most Favored Nations. The City agrees that during the term of this Agreement it shall not offer to any other party a lower per ton rate than (a) the Solid Waste Processing Fee (as adjusted hereunder, including the Fuel Adjustment) for the processing of any Solid Waste delivered to the Multi -Use Facility, and/or (b) the aggregate total of the Solid Waste Processing Fee (as adjusted hereunder, including the Fuel Adjustment) and the Solid Waste Transportation and Disposal Fee (as adjusted hereunder, including the Fuel Adjustment) for any Solid Waste delivered to the Multi -Use Facility for processing, NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 OCL 20141120 (2) Page 7 transportation and/or disposal at the Disposal Facility. The Contractor shall have the right to audit the City's books and record with respect to the City's compliance with this section upon reasonable prior written notice thereof to the City. 11. Labor and Equipment. The Contractor shall furnish all labor, materials, fuel, tool and equipment and pay all fees and costs necessary to provide the services the Contractor is required to provide pursuant to this Agreement. For transportation of Solid Waste from the Multi -Use Facility or the Current -City Owned Transfer Station to the Disposal Facility as further described and specified in Attachment A and Attachment B, the Contractor shall furnish the specified minimum quantity of transfer tractors and trailers meeting the requirements listed in Attachment B. The Contractor's tractors and trailers shall be compatible with the Current -City Owned Transfer Station. Contactors tractors/roll-off trucks shall be compatible with the containers provided. The Contractor agrees to immediately put into service backup equipment, including tractors and trailers, necessary to continue timely service should primary equipment be out of service for repair or any other reason. The Contractor will keep all supplied equipment in working order and repair to allow efficient and safe operation through the term of this Agreement. Equipment shall be maintained to prevent negative appearance including repair of all damage and periodic cleaning. The Contractor shall provide any and all specialized or protective clothing necessary in connection with the services to be performed by Contractor pursuant to this Agreement, such as puncture -resistant gloves and safety boots, and equipment as needed for the protection of employees in the performance of this Agreement. 12. Compliance with Laws. The Contractor shall provide the services described in Attachments B and provide such services in strict compliance with all Applicable Laws currently in effect as well as new legislation and amendments which become effective during the term of this Agreement. The Contractor shall ensure that the Disposal Facility is, and the City shall ensure that the Current City -Owned Transfer Station and the Multi -Use Facility are each, operated in compliance with all Applicable Laws currently in effect as well as new legislation and amendments which become effective during the term of this Agreement. Such Applicable Laws include, but are not limited to: Missouri Solid Waste Law (Annotated Missouri Statutes, Title 16, Chapters 260.200 through 260.345); Missouri Solid Waste Rules (Missouri Code of State Regulations (CSR), Title 10, Division 80); 6 Occupational Safety and Health Act of 1970 and amendments and regulations promulgated thereto; Rules and regulations of the State Board of Health and the City and/or County NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 8 Board of Health; 40CFR Parts 257 and 258; and Ordinances of the City and/or County. The Contractor shall comply with the standards, levels of service, and other requirements contained in the Applicable Laws of any other state that may apply, should the Solid Waste be transported and disposed outside the State of Missouri, and that are in effect at the time of execution of this Agreement as well as those which are added through future changes to such Applicable Laws. The Contractor shall be responsible, at its sole expense, for securing and maintaining all necessary permits, licenses and approvals in order that the Contractor may provide the services it is to provide in accordance with the terms and conditions of this Agreement and any Applicable Laws applicable to such services described in Attachments A and B. Upon request from the City, the Contractor shall file with the City a true and correct copy of each permit, license or approval necessary for it to provide the services under this Agreement. A violation of these requirements, if found to be substantial and material to the interest of the City, may be deemed to be a breach of this Agreement. 13. Performance Requirements. All trailers and containers which the Contractor transports from the Current City - Owned Transfer Station or the Multi -Use Facility to the Disposal Site shall be emptied and returned to the applicable facility within 24 hours and the Contractor shall schedule trailer transport and delivery so as to be compatible with published operating hours at such facility. Also, adequate number of trailers shall be furnished such that there is always a trailer available onsite to receive Solid Waste when such waste is being received at such facility. The City shall rigorously maintain operating hours and scheduled days of operation at the Current City -Owned Transfer Station and the Multi -Use Facility. In connection with the services performed by Contractor hereunder, the City will reasonably accommodate Contractor with access to the Multi -Use Facility including access beyond normal operating hours of the Multi -Use Facility. As of the Multi -Use Effective Date and when the Leased Premises may be occupied and utilized by the Contractor pursuant to the Lease, the Contractor shall operate its hauling operation from the Leased Premises and cease to accept any Solid Waste at its Jackson, MO Solid Waste Transfer facility for the Initial Term of this Agreement. The Contractor shall adequately monitor and observe all operation, including roadways used for transporting of Solid Waste and take appropriate actions to ensure that facilities, site, and roadways are clear of any materials spilled or blown from the Contractor's vehicles during the course of transportation operations. All resulting releases from the Contractor's vehicles during the course of transportation operations shall be cleaned up the day the release occurs or as expediently as possible if it requires more than one day for cleanup. 14. Other Performance Requirements. In addition to the general requirements listed in the various attachments to this Agreement the Contactor shall ensure that: NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 9 All personnel of the Contractor providing the services under this Agreement are properly trained and qualified for the duties they are to perform. Inappropriate behavior by any Contractor personnel providing the services under this Agreement is dealt with appropriately. If the City believes a Contactor's employee is or has behaved inappropriately the City may request and the Contactor shall be obligated to remove such person from providing the services under this Agreement. That appropriate health, safety and care practices are exercised in operating and handling of material and equipment. All requirements for operation and maintenance of the Contractor's equipment used to provide the services under this Agreement are satisfied. 15. Quality Control. The Contractor shall submit a quality control plan to the City fifteen (15) days before the Effective Date with respect to the transportation and disposal of Solid Waste and update such plan annually or following any event giving rise to an issue of quality control compliance. The plan shall specify forms, inspection methods, and positions responsible for quality control. The plan shall also detail alternate procedures to be followed in case of equipment or process failures or delays in providing any of the required facilities and services. The Contractor shall provide and maintain an inspection system which shall assure that all equipment and services provided under this Agreement with respect to the transportation and disposal of Solid Waste are acceptable and conform to contract requirements, whether performed by the Contractor or procured from subcontractors. As a minimum, quality control inspections shall be performed weekly on all Contractor -furnished equipment. The Contractor shall maintain adequate records of all inspections and tests with respect to the transportation and disposal of Solid Waste. The Contractor's inspection form shall contain, as a minimum, the following information: Date and time of inspection; List of each item reviewed; Vehicle or equipment identification number; Satisfactory or unsatisfactory condition of each item reviewed; Deficiencies identified; and Corrective action measures taken and implementation schedule to correct each deficiency and actual date of correction. Weekly quality assurance reports may be combined with monthly certification reports. 16. Title to Waste. Title to Solid Waste shall vest, as it is deposited, in the ownerloperator of the Disposal Facility; provided, however, title to any Excluded Waste shall not vest or transfer to Contractor, the City (unless the City is the generator of such Excluded NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 OCL 20141120 (2) Page 10 Waste) or the owner/operator of the Disposal Facility. 17. Exclusivity. Subject to the other provisions of this Agreement, during the term of this Agreement, the City shall deliver or cause delivery of all Solid Waste collected by or on behalf of the City to the Current City -Owned Transfer Station and the Multi -Use Facility. The Contractor shall have the exclusive contract for hauling all Solid Waste processed for disposal (excluding beneficial use materials and materials such as white goods, limbs and brush, used motor oil, household hazardous waste, shingles or any other materials both parties agree to exclude after the Effective Date) through the Current City -Owned Transfer Station and the Multi -Use Facility. The City agrees not to employ or contract with any other commercial hauler for the disposition of Solid Waste processed, at the Current City -Owned Transfer Station and the New City -Owned, as applicable, except as provided herein. 18. Compensation and Invoicing. Compensation for the services provided by the Contractor under this Agreement shall be paid pursuant to the schedule of unit or other prices in Attachment A. Compensation shall be the sum of the fees for the following services, as further defined in this Agreement and in Attachment A: • Solid Waste hauling fees to the Disposal Facility o In transfer trailers o In containers Solid Waste disposal fees at the Disposal Facility Container rental fees Container hauling fees Small Container Services fees Bio -Solid Cake Services fees Missouri tonnage fees and any other fees and taxes imposed by any Governmental Entity existing on the Effective Date or arising thereafter and applicable to the services under this Agreement The disposal fee for Solid Waste disposed of at the Disposal Facility will be determined based on inbound tonnage weight determined by the scale at the Current City -Owned Transfer Station and the Multi -Use Facility for such waste provided therefrom. The City will periodically calibrate the accuracy of such scale and provide Contractor written verification of such calibration and all scale weights used in calculating compensation. On or before the tenth day of each month, the Contractor shall submit to the City an invoice for the preceding month's services. The invoice shall include and itemization of costs for the services provided under this Agreement, including the rental costs, the hauling costs, the disposal fees and Missouri tonnage fees, and the amount due for the invoice month. The City shall review the monthly invoice received from the Contractor. The City shall remit payment to the Contractor on a monthly basis on or NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 OCL 20141120 (2) Page 11 before the tenth day of the following month The unit costs listed in Attachment A include all costs by the Contractor, except for any fees and taxes imposed by any Governmental Authority in connection with the services provided under this Agreement. The City may at its option choose to pay tonnage fees direct to the state of Missouri rather than through this Agreement and the Contractor. In the event that the City hauls any Solid Waste not processed through the Current City -Owned Transfer Station or the Multi -Use Facility directly to the Disposal Facility, the City will not pay any hauling fee but will pay only the disposal fee and any fees and taxes imposed by any Governmental Authority in connection with the services provided under this Agreement. 19. Changes in Compensation. The fees and payments listed in Attachment A include all services and operating costs and fees currently in effect or, if known by a party, scheduled to be in effect at a later date. In the event the Contractor presents proper documentation justifying potential cost increases for the sole reasons stated below in connection with performing the services contemplated by this Agreement, the parties hereto agree to renegotiate the applicable fees and payments listed in Attachment A. All prices shall be considered current as of the Effective Date or such alternate dates as stated in Attachment A. Except for governmental fees and taxes applicable to the services under this Agreement, the CPI Adjustment, the Fuel Adjustment, as otherwise provided in Attachment A and as may be adjusted pursuant to this Section, the prices provided in Attachment A shall be firm for the years listed and are assumed to cover the entire calendar year unless stated otherwise. Items subject to adjustments by a given indices shall be adjusted to correspond to a forthcoming calendar year unless a more frequent or alternate basis of adjustment is stipulated in Attachment A. For items subject to an extension of the term of this Agreement, the basis of the extension will be as defined in Attachment A. Where no basis of adjustment is provided for an extension of the term of this Agreement, such extension shall be subject to negotiations prior to the City's granting of a Term extension. Fee adjustments may be requested and shall not be unreasonably withheld, delayed or conditioned by either party in the event the requesting party presents proper documentation justifying cost increases or decreases for any of the following reasons: • Changes in Applicable Law beyond the control of the party requesting an adjustment to such pricing. • Unforeseen increases in royalties, taxes, or other governmental charges that may be levied against the services provided, which cause documentable cost increases. NQ2636-CWI Missouri -Cape Girardeau_Agr_0 0_CL_20141120 (2) Page 12 Increases in operating, transportation, and disposal costs that are not fully recouped by the Contractor by the Fuel Adjustment or the CPI Adjustment provided for in this Agreement. Force Majeure. Significant differences between the assumptions in the technical specifications provided by the City in connection with its request for proposal for the services provided under this Agreement and actual conditions. Defective work or services giving rise to significant costs, penalties or monetary consequences to the affected party. Where services are to be provided on a unit price basis, compensation will be in accordance with the unit price schedule and the quantity of units proved and managed. Changes in quantities shall not give rise to a claim for changes in unit prices, unless otherwise stipulated in Attachment A. 20. Changes in Landfill Site. In the event that the parties hereto mutually agree to change disposal services from the designated Disposal Facility to another Disposal Facility, this Agreement shall be renegotiated to reflect any changes required, including, but not be limited to, adjustments in compensation due to changes in hauling and disposal service costs. 21. Term. The Initial Term shall be for a period of twenty (20) years beginning December 15, 2014. Upon the expiration of the Initial Term or any of the first two Renewal Terms, the term of this Agreement shall automatically extend for a Renewal Term, absent written notice from a party within ninety (90) days of the expiration of the Initial Term or any Renewal Term of such party's non-renewal of the term of this Agreement. 22. Performance and Payment Bond. Upon the Effective Date, the Contractor shall make, execute, and deliver to the City a good and sufficient surety bond in a form reasonably satisfactory to the City to secure the faithful performance by the Contractor of the terms and conditions herein and payment of its obligations hereunder. The bonds shall be provided by a surety company duly authorized to transact business in the State of Missouri and acceptable to the City. For transportation and disposal, a performance bond shall be provided in the penal amount of fifty percent (50%) of the estimated annual payment to the Contractor for the first year, and shall be fifty percent (50%) of the previous year's payment to the Contractor for each succeeding year. Estimated bonds shall be based on the sum total of all annual payments due the Contractor in the previous year; the initial year of transfer and disposal services shall be estimate based on 30,000 tons of Solid Waste to be hauled and disposed by Contractor, including payment of the applicable Missouri tonnage fee if it is to be paid by the Contractor. The bonds shall be signed by an authorized signatory of the Contractor, together with the signature of its corporate secretary and corporate seal. The surety company NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 13 which issues the bond shall not be obligated to renew the bond after the expiration of the initial term, where a renewal term is available, provided however that the Contractor shall provide and maintain similar replacement bonds issued by a mutually acceptable surety company meeting the requirements herein during the term of this Agreement. The City agrees that the Contractor's failure to replace the bond in itself shall not result in the City having any right to make a claim on the expiring bond. Notwithstanding the foregoing, the Contractor may at any time, in lieu of the aforesaid surety bond, provide the City with a letter of credit in the aforesaid sum, in a form reasonably satisfactory to the City, securing the faithful performance by the Contractor of the terms and conditions herein. 23. Insurance. The Contractor shall maintain insurance in the kinds and amounts provided in Attachment C hereof, subject to the approval of the City's Insurance Administrator, from the Effective Date to the expiration or termination of this Agreement. All such insurance coverage (other than workers' compensation) shall name the City of Cape Girardeau as an additional insured and shall provide that such coverage shall not be canceled until thirty (30) days' written notice has been given to the City. Thirty (30) days prior to service commencing, the Contractor shall furnish to the City a certificate of insurance or binder showing the name of the insurance carrier, the amount and terms of the coverage, and showing that the City is named as an additional insured. Provision of insurance coverage does not relieve the Contractor from liability under the hold harmless/indemnification clause in Section 24. 24. Indemnity. The Contractor agrees to protect, defend, hold harmless, and indemnify the City, its Council, officers, employees, and agents from and against any and all liability, including but not limited to, liability, losses, penalties, claims and demands for damages to property (real and/or personal), environmental contamination, personal injury to or death of any person or persons, and all expenses, including attorneys' fees, resulting from any claim or cause of action of any nature, including clean up or remedial action sought by private or governmental parties resulting from its negligent, willful or wanton activities or breach of any of the representations, warranties, covenants or agreement set forth in this Agreement. The provision of insurance coverage set forth under Section 23 does not relieve the Contractor or its subcontractors from liability under this indemnification clause. The City agrees to protect, defend, hold harmless, and indemnify the Contractor, its affiliates, officers, employees, and agents from and against any and all liability, including but not limited to, liability, losses, penalties, claims and demands for damages to property (real and/or personal), environmental contamination, personal injury to or death of any person or persons, and all expenses, including attorneys' fees, resulting from any claim or cause of action of any nature, including clean up or NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 14 remedial action sought by private or governmental parties resulting from the condition of the property or City facilities prior to any development, improvement or operation by the Contractor, its negligent willful or wanton activities or breach of any of the representations, warranties, covenants or agreement set forth in this Agreement. Any tort liability of the City under this section shall be limited by the liability for political subdivisions set forth in Section 537.610 of the Revised Statutes of Missouri (the "Statute"), and shall be paid solely from the proceeds of the City's liability insurance covering that occurrence; provided, however, and notwithstanding the foregoing, (i) in the event (a) the City's insurer does not have the funds to satisfy such tort liability; or (b) the City does not procure insurance to cover and satisfy such tort liability with coverage amounts of at least the maximum amount the City would be responsible for under the Statute, the limitation of payment being solely from the proceeds of the City's liability insurance shall not apply in the case of items (a) and (b) above; and (ii) the City shall be responsible for the payment of any deductibles or retentions under such insurance. A current copy of the City's insurance shall be provided to the Contractor by the Effective Date and anytime thereafter at the Contractor's request. 25. Termination. The City may terminate this Agreement if a plan mandating other arrangements is adopted by the Southeast Missouri Solid Waste Management District (of which the City is a member); provided, if an alternative for disposal requiring termination of this Agreement is mandated by the Southeast Missouri Solid Waste Management District, the City will give the Contractor six (6) months' prior written notice of such termination. The City may terminate this Agreement if the Contractor fails to perform or otherwise breaches its material obligations under this Agreement. In the event of such failure to perform, the City will give notice to the Contractor of such failure. If after thirty (30) days of issuing the notice, the failure is not corrected or the Contractor has not commenced in good faith to cure such failure (and, in the case of commencement to correct, does not thereafter diligently proceed to cure such failure) this Agreement may be terminated by the City; provided, however, if the Contractor has commenced good faith efforts to cure such breach within such thirty (30) day period and such breach cannot be reasonably cured within such period, the City cannot terminate this Agreement as long as the Contractor continues to utilize such good faith efforts; provided, that in no event shall the period to cure be longer than sixty (60) days unless otherwise agreed to by the parties. If the Contractor fails to operate the Contractor's hauling operation from the Leased Premises for the Initial Term, cease accepting Solid Waste at its Jackson, MO Transfer Facility for the Initial Term, deliver solid waste to the City's Multi -Use Facility for the Initial Term or to make payment, such failure shall be a breach of a material obligation. If the City terminates this Agreement on account of failure of the Contractor as set out herein and the City then undertakes the Contractor's solid waste transportation and disposal requirements using another party at greater expense to the City than would have been incurred under the terms of this Agreement, then the Contractor will be liable to the City for such additional reasonable cost(s) if such other party was NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 15 secured through a competitive bidding process The Contractor may terminate this Agreement if the City fails to perform or otherwise breaches its material obligations under this Agreement. In the event of such failure to perform, the Contractor will give notice to the City of such failure. If after thirty (30) days of issuing the notice, the failure is not corrected or the City has not commenced in good faith to cure such failure (and, in the case of commencement to correct, does not thereafter diligently proceed to cure such failure) this Agreement may be terminated by the Contractor; provided, however, if the City has commenced good faith efforts to cure such breach within such thirty (30) day period and such breach cannot be reasonably cured within such period, the Contractor cannot terminate this Agreement as long as the City continues to utilize such good faith efforts; provided, that in no event shall the period to cure be longer than sixty (60) days unless otherwise agreed to by the parties. If the City fails to make payment, comply with the exclusivity requirements or deliver waste to the Current City -Owned Transfer Station or the Multi -Use Facility, such failure shall be a breach of a material obligation. Notwithstanding other provisions to the contrary, the Contractor shall have the option to terminate the transportation and disposal portion of this Agreement upon six (6) months' written notice to the City in the event the Missouri Department of Natural Resources or any other governmental regulatory agency forces the Contractor to cease its waste hauling or disposal operations. In the event that a design/build contract for the construction of the Multi -Use Facility has not been entered into by the City within eighteen (18) months after the Effective Date hereof, this Agreement may be terminated by either party with ninety (90) days written notice to the other party. The City shall notify Contractor the status of entering into such contract upon request by Contractor. 26. Lease. As of the Multi -Use Effective Date and when the Leased Premises may be occupied and utilized by the Contractor pursuant to the Lease, the parties hereto shall execute and deliver to each other the Lease. Notwithstanding anything to the contrary set forth in this Agreement or the Lease, upon the execution and delivery of the Lease, the parties agree that in the event of any termination or expiration of the Lease that this Agreement shall automatically terminate upon such termination or expiration of the Lease. 27. Force Majeure Events. In the event either party is rendered unable, wholly or in part, to carry out its performance hereunder as a result of a Force Majeure event, then the obligations of such party, to the extent affected by such event, shall be suspended during the continuance of any inability so caused but for no longer period, provided due diligence is exercised by the party delayed to resume performance at the earliest practicable time. Any time that such a party intends to rely upon the occurrence of such an event to suspend performance, such party shall notify the other party as soon as reasonably possible, setting forth the particulars of the situation. Notice NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 16 shall again be given when the effect of the occurrence of such event has ceased. If a Force Majeure event continues for in excess of one hundred (180) days, either party may terminate this Agreement upon written notice to the other party. 28. Contractor's Personnel/Equal Employment Opportunity. The Contractor will not discriminate against any employee or applicant for employment on the basis of race, color, religion, age, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants and employees are treated fairly during employment without regard to race, color, religion, age, sex, national origin, or handicap. The Contractor shall employ only such superintendents, mechanics, drivers, subcontractors and other workers who are careful, competent, and fully qualified to perform the duties or tasks assigned to them. All workers shall have sufficient skill, ability and experience to properly perform the work assigned to them and to operate any equipment necessary for them to carry out their assigned duties. 29. Confidential Information. (a) Except as required by Applicable Law, neither party shall, without the prior written consent of the disclosing party, disclose (regardless of the form of disclosure) any Confidential Information except to Recipients. The receiving party shall notify any Recipients of the confidential nature of the Confidential Information, and the receiving party hereby agrees to be responsible for any breach of the terms of this Section by any Recipients of Confidential Information from the receiving party. (b) If a party is legally required to disclose Confidential Information by Applicable Law, the receiving party shall provide prompt notice of any judicial or other governmental action or other Applicable Law requiring disclosure to the disclosing party, and the disclosing party shall be afforded the opportunity (consistent with the legal obligations of the receiving party) to exhaust all reasonable legal remedies to maintain the Confidential Information in confidence. (c) In the event that there is a breach by either party of the provisions of this Section, the disclosing party shall be entitled to seek a temporary and permanent injunction to restrain the receiving party from disclosing in whole or in part any Confidential Information, as prohibited hereunder. (d) Upon the expiration of the term of this Agreement or the earlier termination of this Agreement, each party shall, promptly upon request, return or cause to be returned to the other party all Confidential Information then held by such or any of its agents, representatives or employees; provided that both parties may retain one copy of any documents retained solely for the purpose of compliance with Applicable Law or document retention policies. 30. Assignment and Subcontracting. No assignment of this Agreement or any right occurring under it shall be made in whole or part by the Contractor without the express written consent of the City, which such consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding the foregoing sentence, the Contractor may assign this Agreement to an affiliate of the Contractor. In the event of any assignment, the assignee shall assume the liability of the Contractor. The Contractor may subcontract any of its obligations under this Agreement with the express written consent of the City, not be unreasonably withheld, delayed or conditioned, however, the Contractor shall continue to be primarily responsible for the performance of these obligations under this Agreement. NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 17 31. Bankruptcy. This Contract shall terminate in the case of bankruptcy, voluntary or involuntary, or insolvency of the Contractor. In the case of bankruptcy, such termination shall take effect on the day and at the time the bankruptcy is filed. 32. Law to Govern. This Agreement shall be governed by the internal laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule, both as to interpretation and performance. 33. Right to Require Performance. The failure of a party at any time to require performance by the other party of any provisions hereof shall in no way affect the right of such party thereafter to enforce same. Nor shall waiver by a party of any breach of any provisions hereof be taken or held to be a waiver of any succeeding breach of such provisions or as a waiver of any provision itself. 34. Point of Contact. The City will designate in writing a person to act as the City's representative. The Contractor will designate in writing a person to act as the Contractor's representative. 35. [RESERVED] 36. Notice. A letter addressed and sent by certified United States mail to either party shall be sufficient notice whenever required for any purpose in this Agreement. Any notice required shall be written and sent to each party's local business address. Such notice shall be deemed effective on the date personally served or when actually received. Notice that a party intends to rely upon the occurrence of a force majeure event may be given verbally, provided that written notice is provided immediately following such verbal notification. 37. E -Verify. In accordance with Missouri law and statute, the Contractor agrees to register with and use a federal immigration verification system, to determine the work eligibility status of new employees performing services within the state of Missouri. A federal immigration verification system means the electronic verification of the work authorization program of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, 8 U.S.C. 1324 a, otherwise known as the E -Verify Program, or an equivalent federal program designated by the United States Department of Homeland Security or other federal agency authorized to verify the work eligibility status of a newly hired employee pursuant to the Immigration Reform and Control Act of 1986. The Contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this section pursuant to the requirements of state law and 8 U.S.C.A 1324b. The Contractor shall require any subcontractor to comply with the provisions of this section. 38. Entire Agreement; No Other Representations and Warranties. This Agreement and the Lease constitute the entire agreement between the City and the Contractor relating to the subject matter of this Agreement and supersede all prior written and oral agreements and understandings and all contemporaneous oral representations or warranties in connection therewith. Neither party hereto has NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 18 made and makes any representations or warranties, expressed or implied, except as specifically set forth in this Agreement, and each party hereto hereby expressly acknowledges that no such representations or warranties have been made by the other party. 39. Facsimile Signatures; Counterparts. Facsimile signatures of the parties shall be acceptable for all purposes. This Agreement may be executed in two or more originals, facsimile or pdf counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. 40. Severability. If any term or provision of this Agreement should be held invalid or unenforceable, the parties to this Agreement shall endeavor to replace such invalid terms or provisions by valid terms and provisions that correspond to the best of their original economic and general intentions. The invalidity or unenforceability of any term or provision of this Agreement shall not be deemed to render the other terms or provisions of this Agreement invalid or unenforceable. 41. Third Party Beneficiaries. This Agreement is intended to be solely for the benefit of the parties hereto and their successors and permitted assignees and is not intended to and shall not confer any rights or benefits on any other third party not a signatory to this Agreement. 42. Waiver of Damages. Neither party hereto shall be liable to the other party for any loss of use or lost profits damages arising under or out of this Agreement or the transactions contemplated in this Agreement. 43. Dispute Resolution. In the event of any dispute or controversy between the parties, both parties agree that the Circuit Court of Cape Girardeau County, Missouri shall have exclusive jurisdiction to determine all issues between them. Provided, however, if a dispute arises out of or relates to this Agreement, or the breach thereof, and if dispute cannot be settled through negotiations, the parties agree to try in good faith to settle the dispute by non-binding mediation under the JAMS Mediation Guidelines as a condition precedent to filing any action with the Circuit Court of Cape Girardeau, Missouri. Such mediation shall be held in Cape Girardeau County, Missouri. (Signature page to follow) NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 19 This Agreement is made and entered into this day of 2014. ATTEST: Gayle L. Conrad City Clerk Scott Meyer City Manager Contractor CWI of Missouri, I c By: c. Name: r ti as Title: /4 r e, NQ2636-CWI Missouri -Cape Girardeau_Agr_v6 0_CL_20141120 (2) Page 20 ATTACHMENT A FEES AND PAYMENTS Solid Waste Processing Fee $7.75 per ton Solid Waste Transportation and Disposal Fee See Attachment A-1 Bio -Solid Cake Services Fee See Attachment A-2 Monthly Container Rental Fee See Attachment A-3 Container Transportation Fee See Attachment A-4 The Solid Waste Processing fee shall increase by three percent (3%) upon the first anniversary of the Effective Date and each year thereafter until the fifth anniversary of the Effective Date at which time the Solid Waste Processing fee shall be adjusted by the CPI Adjustment. ATTACHMENT A-1 Solid Waste Transportation and Disposal Fee City Operating Transportation and Disposal Fees from the City of Cape Girardeau's Existing Municipal Solid Waste from Transfer Station at 2500 block South Sprigg Street, Cape Girardeau, Missouri Price per Ton Transportation (which the parties agree that the price per ton below shall Disposal (includes Total Price per Ton (not Year be adjusted monthly state and county fees including the Fuel Adjustment if utilizing the Fuel of $3.61 as of the applicable) Adjustment (e.g., for Effective Date) each $.01 increase in fuel over $3.75, the price per ton increases by $.01)) 1 $ 13.00 $ 22.40 $ 35.40 2 $ 13.39 $ 23.07 $ 36.46 3 $ 13.79 $ 23.76 $ 37.56 4 $ 14.21 $ 24.48 $ 38.68 5 $ 14.63 $ 25.21 $ 39.84 Determined utilizing Determined utilizing Year 6 Fuel Adjustment and CPI Adjustment for Determined utilizing applicable thru CPI Adjustment for each contract year Price per Ton for Transportation contract each contract year based upon the prior and Disposal for the applicable based upon the prior year's price per ton year year's price per ton ATTACHMENT A-1 Solid Waste Transportation and Disposal Fee City Operating Transportation and Disposal Fees from the City of Cape Girardeau's Multi -Use Facility near 2007 Southern Expressway, Cape Girardeau, Missouri Price per Ton Transportation (which the parties agree that the price per ton below shall be Disposal (includes Total Price per Ton (not Year adjusted monthly state and county fees including the Fuel Adjustment if utilizing the Fuel of $3.61 as of the applicable) Adjustment (e.g., for Effective Date) each $.01 increase in fuel over $3.75, the price per ton increases by $.01)) 1 $ 13.00 $ 22.40 $ 35.40 2 $ 13.39 $ 23.07 $ 36.46 3 $ 13.79 $ 23.76 $ 37.56 4 $ 14.21 $ 24.48 $ 38.68 5 $ 14.63 $ 25.21 $ 39.84 Determined utilizing Fuel Adjustment and Determined utilizing Determined utilizing applicable Year 6 CPI Adjustment for CPI Adjustment for Price per Ton for thru each contract year each contract year Transportation and Disposal for contract based upon the prior based upon the prior the applicable year ear's price per ton year's price per ton ATTACHMENT A-2 Bio -Cake Services Fee Transportation and Disposal Fees for the Bio -Solid Cake Services. Disposal (including Year Transportation Transportation State Tonnage Fees, County Fees $_ Per Haul $® per CY and other applicable Fees)* 1 $240.00 N/A $33.00 2 $247.20 N/A $34.00 3 $254.60 N/A $35.00 4 $262.20 N/A $36.06 5 $278.20 N/A $37.14 Year 6 thru Contract Determined utilizing N/A Determined utilizing Term Fuel Adjustment CPI Adjustment for and CPI Adjustment each contract year for each contract based upon the year based upon prior year's disposal the prior year's price fee per haul *Based on 20 yard sludge box ATTACHMENT A-3 Monthly Container Rental Fee Monthly container Rental Fee for each container, including delivery and pick-up cost, but excluding transportation and disposal costs. Forty (40) cubic yard open- Forty (40) cubic yard Year top container, dollars per closed -top container, month dollars per month 1 $30.00 $50.00 2 $31.00 $51.00 3 $32.00 $53.00 4 $33.00 $55.00 5 $34.00 $58.00 Year 6 thru Contract Term Determined utilizing CPI Determined utilizing CPI Adjustment for each Adjustment for each contract year based upon contract year based upon the prior year's price per the prior year's price per rental fee rental fee ATTACHMENT A-4 Container Transportation Fee Transportation Fees for container. Transportation can be either per ton or per cubic yard. Disposal Fee to be the same as Attachment A-1. Transportation Forty (40) Transportation Forty (40) Year cubic yard open -top cubic yard closed -top container, per haul container, per haul 1 $100.00 $100.00 2 $103.00 $103.00 3 $106.00 $106.00 4 $109.00 $109.00 5 $112.00 $112.00 Year 6 thru Contract Term Adjusted utilizing Fuel Adjusted utilizing Fuel Adjustment and CPI Adjustment and CPI Adjustment for each Adjustment for each contract year based upon contract year based upon the prior year's the prior year's transportation fee transportation fee ATTACHMENT B TECHNICAL SPECIFICATIONS FOR SOLID WASTE TRANSPORTATION AND DISPOSAL CITY OF CAPE GIRARDEAU, MISSOURI Solid Wastes Handling: Quantities: City makes no guarantee of minimum or Trailers less than 7 years old and in maximum daily, monthly or annual undamaged condition at the Effective quantities of Solid Waste which may Date. Minimum quantity: 5 require transportation and dis osal. Solid Wastes to be Transported and . Municipal waste Disposed by Contractor . Bulky waste Maximum 50 FT trailers. Construction and demolition waste • Wood wastes and lumber ® Soil, rock, concrete and related inert solids relatively insoluble in water • Incinerator and air pollution control residues generated from facilities exempted under Section 10 CSR 80.2.020(9)(A)2 of the Missouri Solid Waste Rules e Grit and screenings from City's WWTP Large dead animals and large quantities of small dead animals collected by the City from City nuisance abatement and public works activities f Biosolids cake from City's WWTP Solid Wastes NOT accepted at Transfer . Regulated quantities of hazardous Station waste f Radioactive materials Explosives f Infectious wastes as provided by 10 CSR 80-7.0101. Other Excluded Wastes listed in RFP Requested transfer tractor/trailer configuration: Identify on Submittal Form the size, type, and capacity of trailers proposed Tractor/Trailers: Trailers less than 7 years old and in undamaged condition at the Effective Date. Minimum quantity: 5 Trailer Capacity: Minimum Usable Capacity: 110 Cubic Yards and 24 ton legal payloads. Trailer Length: Maximum 50 FT trailers. Trailer Width and Height: Standard — Legal for over the road in all Size: states where waste may be hauled. Trailer Type: Top Loading trailer- live/walking floor or Construction Body: tipper unloading. Trailer Construction Type: Aluminum body: High impact design licensed to receive types of waste listed suitable for solid waste types listed without above including the City's special waste resulting in visible exterior damage. biosolids cake). Maximum one single top cross-bar/brace Document sufficient air space available centered in trailer. Tailgate: Side swing gate: Clarify if others type Solid Waste for the term of this Proposed. Tarping/Roof: Tarp system — must be provided and available capacity assume: 30,000 tons maintained free of holes or gaps to prevent per year for the term of this Agreement. all releases during transport of solid waste. Tractors: Compatible with trailers and suitable for designated site becomes un -available. over the road use. Containers for Rental: Disposal Site(s): Size: 50 cubic yard. Type: Closed -to and open -top. Construction Body: Steel bodV and frame Tarping/Roof: Closed -top: same as body and frame Open -top: tarp system or method of covering. Disposal Requirements: Disposal Site(s): Can be State of Missouri or out of State. Municipal Solid Waste Landfill. Permitted and licensed to operate by the State where it is located. Permitted and licensed to receive types of waste listed above including the City's special waste biosolids cake). Capacity: Document sufficient air space available and reserved specifically for the City's Solid Waste for the term of this Agreement. For purposes of establishing available capacity assume: 30,000 tons per year for the term of this Agreement. Alternate Landfill: Identify location of back up disposal site, if designated site becomes un -available. Assume no increase in cost to the City for use of Alternate site. Performance Requirements: Haul and Disposal Operations: Monday through Friday, except City Holidays. No interruption in services. Contractor shall pay for full cost of alternative haul and disposal during any such service interruption. Ensure empty trailers are always available during operating hours. Loading of Trailers: BV City. Placement and removal of Trailers in load By City. out Tunnel and on site: Trailer Movement on site: By City. Trailer Tarpin : By City. Turn -Around: Containers/trailers emptied and returned within 24 hours. Cleanliness: Monitor roadways and clean up any materials released, spilled or blown out during course of transport or caused by other events while in transport. Appearance: Trailers are to be kept clean on the exterior. Information displayed on tractors and trailer: Only information required by DOT, applicable laws and contact phone number to report in appropriate behavior. No advertisement, logos or messaging without City approval. Other: Use care and safe practices in operating and handling equipment. Prompt and complete maintenance. Comply with applicable laws. Properly licensed drivers. ATTACHMENT C INSURANCE REQUIREMENTS Workers' Compensation and Employers' Liability Insurance. This insurance shall protect Contractor against all claims under applicable state workers' compensation laws, including coverage as necessary for the benefits provided under the United States Longshoremen's and Harbor Workers' Act and the Jones Act. Contractor shall also be protected against claims for injury, disease, or death of employees which, for any reason, may not fall within the provisions of a workers' compensation law. This policy shall include an "all states" or "other states" endorsement. The liability limits shall be not less than: Workers' compensation Employers' liability Statutory $2,687,594* Commercial General Liability Insurance. This insurance shall be occurrence type written in comprehensive form and shall protect CONTRACTOR, and OWNER and ENGINEER as additional insureds, against claims arising from injuries, sickness, disease, or death of any person, or damage to property arising out of performance of the Work. The policy shall also include personal injury liability coverage, contractual liability coverage, completed operations and products liability coverage, and coverage for blasting, explosion, collapse of buildings, and damage to underground property. The liability limits shall not be less than: Bodily injury and $2,687,594 combined single property damage limit for each occurrence* $403,139 each person* Comprehensive Automobile Liability Insurance. This insurance shall be occurrence type written in comprehensive form and shall protect CONTRACTOR, and OWNER and ENGINEER as additional insureds, against all claims for injuries to members of the public and damage to property of others arising from the use of motor vehicles, either on or off the Project site whether they are owned, non -owned, or hired. The liability limits shall be not less than: Bodily injury and $2,687,594 combined single property damage limit for each occurrence* $403,139 each person* *Plus increases as provided by Section 537.610 RSMo. ATTACHMENT D SITE LEASE AGREEMENT THIS LEASE AGREEMENT ("Lease") dated 201 (the "Lease Effective Date") by and between the CITY OF CAPE GIRARDEAU, MISSOURI ("Lessor") and CWI OF MISSOURI, INC., a Missouri corporation ("Lessee"). RECITALS: WHEREAS, Lessor is the owner of certain real property consisting of approximately (_) acres (the "Lessor Property"), as shown and described on Exhibit "A" attached hereto and incorporated herein. WHEREAS, Lessor and Lessee are parties to that certain Agreement for Solid Waste Services dated 201 (the "Agreement"), pursuant to which Lessor has agreed to design, permit and construct a "Multi -Use Facility" (as defined in the Agreement) on the Lessor Property. WHEREAS, pursuant to the Agreement and upon completion of the Multi -Use Facility, Lessor has agreed to lease to Lessee a portion of Lessor's Property shown and described on Exhibit "A" attached hereto and incorporated herein, located at 2055 Corporate Circle, Cape Girardeau, MO 63703, consisting of an office building of approximately 1,500 square feet, and adjacent vehicle, equipment and truck parking (the "Premises"). NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and confessed, the parties hereto agree as follows: DEMISE Lessor does hereby lease, let and demise to Lessee, and Lessee hereby leases from Lessor, the Premises upon the terms and conditions set forth herein and in the Terms of Lease and Exhibits attached hereto. In addition, Lessor also grants Lessee the non-exclusive right, irrevocable during the Term of this Lease, to use one of the existing maintenance bays located on the Lessor Property and having an address of 2007 Southern Expressway, Cape Girardeau, MO 63703 (the "Maintenance Bay"), which Maintenance Bay shall be agreed upon by Lessor and Lessee prior to the Lease Effective Date of this Lease. The Maintenance Bay shall be deemed part of the Leased Premises. Lessor also grants to Lessee, its customers, guests, invitees, employees, agents and licensees all easements, rights and privileges appurtenant to the Premises, including the exclusive right to use the parking areas, driveways, roads, alleys, means of ingress and egress and other portions of the Lessor Property as reflected in Exhibit "A„ The term of this Lease shall commence on the Lease Effective Date of this Lease, and shall continue thereafter until the expiration or earlier termination of the Agreement (the "Term"). The monthly rent during the Initial Term shall be One Thousand Five Hundred and 00/100 Dollars ($1,500.00) (the "Monthly Rent"). In addition, Lessee shall pay Lessor a monthly user fee equal to Three Thousand Five Hundred and 00/100 Dollars ($3,500.00) (the "Monthly Use Fee"). The Monthly Rent and the Monthly Use Fee shall begin to accrue on the Lease Effective Date. TERMS OF LEASE ARTICLE 1 - RENT 1.1. Rent. Monthly Rent and the Monthly Use Fee shall be due and payable on the first day of each month during the Term of this Lease, beginning with the first payment due on the Lease Effective Date. If the Lease Effective Date of the Term is not the first day of a month, the Monthly Rent and the Monthly Use Fee for the first and last month of the Term shall be prorated accordingly. Failure to promptly pay the Monthly Rent and the Monthly Use Fee shall be considered a default of the terms of this Lease. ARTICLE 2 - TAXES, UTILITIES AND INSURANCE 2.1. Real Estate and Personal Property Taxes and Assessments. Lessor shall pay, as the same become due and payable, any real estate taxes, assessments and charges of any kind whatsoever accruing during the Term thereafter that may at any time be lawfully assessed or levied against Premises. Lessee shall pay, as the same become due and payable, all personal property taxes, assessments and charges of any kind whatsoever accruing upon commencement of the Lease and during the Lease term thereafter that may at any time be lawfully assessed or levied against or with respect to Lessee's machinery, equipment or other property constructed, installed or brought in or on the Premises by Lessee, unless the same are being contested in good faith by Lessee, in which event Lessee shall bond or deposit with Lessor an amount equal to said taxes, assessments or charges. Lessor shall pay, as the same become due and payable, all other taxes, assessments and charges of any kind whatsoever. 2.2. Utilities. Lessor shall pay or cause to be paid all charges for water, sewer, gas, electricity, light, heat, power, and other utility services used, rendered or supplied to the Premises, accruing during the Term of this Lease. Lessee shall pay, as the same shall become due and payable, any charges for telephone services used by Lessee. 2.3. Insurance. At all times during the Term of this Lease, Lessee shall, at its own expense, maintain and provide general liability insurance as set out in Attachment C of the Agreement insuring improvements placed on the Premises by Lessee for the benefit and protection of Lessor and Lessee. All such insurance policies shall name Lessor as an additional insured. Copies of certificates evidencing the existence and amounts thereof shall be delivered to Lessor by Lessee prior to the Lease Effective Date. Should any such insurance expire or be canceled during the term of this Lease, Lessee shall promptly provide Lessor with renewal or replacement certificates. 2.4 Damage. If the improvements on the Premises are damaged by fire, windstorm, flood or other casualty, Lessor shall, at its sole cost and expense, promptly repair or restore the improvements. If such casualty adversely affects Lessee's use of the Premises, Lessee shall receive an abatement of rent in proportion to the extent of the interference until such time as the repair, restoration or reconstruction is completed, but in no event shall Lessor's repair, restoration or reconstruction take longer than one hundred eighty (180) days from the date of such casualty. If Lessor has not completed its repair, restoration or reconstruction of the improvements within such one hundred eighty (180) day period, for any reason whatsoever, Lessee shall have the right to terminate this Lease upon written notice to Lessor. ARTICLE 3 - USE AND QUIET ENJOYMENT 3.1. Use. Lessee may use the Premises for office and administrative uses, vehicle, equipment and container repair, maintenance, parking and storage, and other lawfully permitted uses. 3.2. Quiet Enjoyment. Lessee shall, at all times during this Lease, peaceably and quietly enjoy the Premises without any disturbance from Lessor or from any other person claiming through Lessor. 3.3. Assignment and Sublet. Lessee may not sublease the Premises or assign its rights under this Lease in whole or in part without the prior written consent of Lessor, not to be unreasonably withheld, except that no consent shall be required in connection with an assignment or sublet to an affiliate of Lessee. ARTICLE 4 - CONDITION OF PREMISES; ENVIRONMENTAL 4.1. Compliance with Law. Lessor shall deliver the Premises to Lessee in compliance with all laws, orders and regulations of federal, state and municipal authorities and with any lawful direction of any public officer. Lessee agrees to comply with all laws, orders and regulations of federal, state and municipal authorities and with any lawful direction of any public officer which shall impose any duty upon Lessee with respect to Lessee's specific use of the Premises. Each party shall, at its own expense, obtain all required licenses or permits necessary for the compliance with the terms of this Section. 4.2 Maintenance and Repairs by Lessee. Except as otherwise provided in section 4.3 below, throughout the term of this Lease, Lessee shall, at Lessee's sole cost and expense, keep the interior, non-structural portions of the Premises in neat and orderly condition, typical for the type of use being conducted by Lessee on the Premises. Notwithstanding anything to the contrary set forth herein, in no event shall Lessee be responsible in any way for any of the following: (a) Costs of repairs or other work occasioned by fire, windstorm or other insured casualty. (b) Costs of repairs or rebuilding necessitated by condemnation. (c) Any costs, fines or penalties relating to environmental investigation or remediation on, in or under the Premises not resulting from the acts or omissions of Lessee, its agents and contractors. 4.3 Maintenance, Repair and Replacement by Lessor. Lessor shall be responsible for the maintenance, repair and replacement of (a) any structural components including, without limitation, the roof, roof membrane, load bearing walls and floor slabs and masonry walls and foundations, (b) the plumbing system, (c) the electrical system, (d) the utility lines and connections to the Premises, (e) the parking lot, driveways, entrances, exterior lighting, and landscaping, and (f) the sprinkler mains, if any. Further, Lessor shall be responsible for the replacement, maintenance and repair of the of the major parts of the heating, ventilation, and air conditioning system. 4.4 Environmental. Lessor shall indemnify, defend and hold harmless Lessee, its directors, officers, employees, and agents, from and against any and all losses, claims, suits, damages, judgments, penalties, and liability including, without limitation, all (i) out-of-pocket litigation costs, investigation or remediation costs, and reasonable attorneys' fees, (ii) all damages (including consequential damages), directly or indirectly arising out of any non—compliance with "Environmental Laws" (hereinafter defined) by the Lessor or the presence, use, generation, storage, release, threatened release or disposal of "Hazardous Materials" (hereinafter defined) on, under or in the Premises before or after the Commencement Date by or due to the actions or omissions of any person other than Lessee. Hazardous Materials shall include but not be limited to substances defined as "hazardous substances," "hazardous materials," or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et sec.; the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801 et sec.; the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq.; the common law; and any and all state, local or federal laws, rules, regulations and orders pertaining to environmental, public health or welfare matters, as the same may be amended or supplemented from time to time and shall include, but not be limited to, gasoline, kerosene, other flammable or toxic petroleum products, pesticides, herbicides, materials containing asbestos or formaldehyde, and radioactive materials. The provisions of this paragraph shall survive the expiration or earlier termination of this Sublease. ARTICLE 5 - MISCELLANEOUS 5.1. Indemnification. Each party will indemnify and save harmless the other of and from any and all fines, suits, claims, demands, penalties, losses and actions (including attorneys' fees) for any injury to persons or damage to or loss of property in or about the Premises caused by the negligence, willful misconduct or breach of this Lease by such party, its agents, employees, business invitees or guests, or arising from such party's use of the Premises, subject to the provisions and the liability limits set out in Section 24 of the Agreement as of the Lease Effective Date. 5.2. Relationship of Parties. The relationship between the parties hereto shall be solely as set forth herein and neither party shall be deemed the employee, agent, partner or joint venturer of the other. 5.3. Binding Effect. All of the terms, covenants, conditions and provisions of this Lease, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective administrators, executors, other legal representatives, heirs and permitted assigns. 5.4. Authority. Lessor and Lessee each represent and warrant that they have the full right and authority to enter into this Lease and that the person signing on behalf of Lessee or Lessor has been duly authorized to do so by appropriate action. 5.5. Waiver of Lessor's Lien. Lessor hereby waives any contractual, statutory or other Lessor's lien on Lessee's furniture, fixtures, supplies, equipment, and inventory. 5.6. Notice. All notices, requests, demands or other communications which may be or are required or permitted to be served or given hereunder (in this Article collectively called "Notices") shall be in writing and shall be sent by registered or certified mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service to Lessee or to Lessor at the address set forth below. Either party may, by notice given as aforesaid, change its address for all subsequent notices. Notices shall be deemed given when received in accordance herewith. To Lessee: City of Cape Girardeau, Missouri Attn: To Lessee: CWI of Missouri, Inc. Attn: 5.7 Counterparts. This Lease may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one document. A ".pdf' signature of either party hereto shall be deemed an original. IN WITNESS WHEREOF, the parties have caused this Lease to be executed on their behalf as of this day of , 20_. LESSEE: CWI OF MISSOURI, INC. By: _ Name: Title: LESSOR: CITY OF CAPE GIRARDEAU, MISSOURI By: _ Name: Title: Trailer Parking/contaii 10,000 SF* Truck spaces (8)* 1,500 SF office* Car parking (6)* Exhibit A PREMISES *Based on information available at the time of the RFP submittal on Oct 6th, 2014. Staff: Casey Brunke, P.E., City Engineer Agenda: 12/1/2014 SUBJECT Motion to accept the street extension, sanitary sewer extension, waterline extension, and storm sewer infrastructure to serve Baldwin Place Phase 2. BACKGROUND/DISCUSSION Dutch Meyr constructed Autumn Leaf Court (465 LF) to serve Baldwin Place Phase 2. The necessary public utilities were extended to serve the development. Eight inch SDR -35 PVC sanitary sewer main was extended by 387 LF and 3 manholes constructed. Twelve inch water main was extended by 303 LF and eight inch water main was extended by 485 LF. Storm sewer was extended by 221 LF and constructed of fifteen inch RCP. These improvements were inspected by City Staff and were completed generally in accordance with the approved plans. Sidewalks for the street are being constructed as each lot is developed. Escrow is being held until these public improvements are completed. STAFF RECOMMENDATION Staff recommends that the Council accept by motion the street, sanitary sewer, storm sewer, and waterline extensions into the City System. ATTACHMENTS: Name: ❑ Baldwin Place Phase 2.pdf Description: Location Map City of Cape Girardeau Public Infrastructure Extensions to Serve Baldwin Place Phase 2 Location of Water, Sanitary Sewer, Storm Sewer, and Street extensions to serve Baldwin Plase Phase 2 N Legend W+E Street Centerlines S u Parcel Lines Staff` W. Eric Cunningham, City Agenda: Attorney 12/1/2014 SUBJECT An Ordinance amending Section 17-98 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding unlawful possession or use of weapons. EXECUTIVE SUMMARY Senate Bill NO. 656 was approved by the Missouri Legislature in the 2014 Legislative Session making numerous changes to the Missouri Statutes relating to firearms. This proposed Ordinance makes changes to Section 17-98 of the City Code to make it consistent with these new provisions in the State Statutes. BACKGROUND/DISCUSSION On May 30, 2014, the Missouri Legislature formally passed Senate Bill No. 656 making numerous changes to the Missouri Statutes relating to firearms. However, on July 14, 2014, that Bill was vetoed by Governor Nixon. Thereafter, on September 10, 2014, the Legislature voted to override the Governor's veto, and that Bill has now taken effect. The portion of the Cape Girardeau City Code affected by these changes is Section 17-98 regarding the Unlawful Possession or Use of Weapons. The major amendments to that Section necessitated by Senate Bill 656 concern the following: Prohibition on possessing a firearm while knowingly in possession of a controlled substance sufficient for a felony violation; Restrictions on applying a prohibition of openly carrying a firearm readily capable of lethal use against any person with a valid concealed carry endorsement; and Stating that nothing in that Section shall be construed to preclude the use of a firearm in defense of person or property, subject to the provisions of RSMo Chapter 563. The purpose of the attached Proposed Ordinance is to leave the current provisions of the City Code intact to the extent possible, while making those provisions consistent with the new changes adopted by Senate Bill No. 656. FINANCIAL IMPACT None STAFF RECOMMENDATION City Staff recommends that the City Council adopt the attached proposed Ordinance in order to make the terms of Section 17-98 of the City Code consistent with Senate Bill No. 656. ATTACHMENTS: Name: Description: ❑ Weapons Ordinance.doc Bill No. 14-184 - Unlawful Possession or Use of Weapons BILL NO. 14-184 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 17-98 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING UNLAWFUL POSSESSION OR USE OF WEAPONS NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 17-98, of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 17-98. - Unlawful possession or use of weapons. (a) A person commits the offense of unlawful possession or use of weapons if he knowingly: (1) Carries, concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or (2) Possesses or discharges a firearm or projectile weapon while intoxicated; or (3) Discharges a firearm or projectile weapon; or (4) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; or (5) Openly carries a firearm readily capable of lethal use. 1 (b) Subsections (a)(1), (3), (4) and (5) of this section shall not apply to or affect any of the following: (1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violations of the general criminal laws of the state or for violations of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer; (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime; (3 ) Members of the armed forces or national guard while performing their official duty; (4) Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the state; (5) Any persons whose bona fide duty is to execute process, civil or criminal. (c) Subsections (a)(1), (2), (4) and (5) of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subsection (a)(1) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subsection (a)(3) of this section does not apply when the actor discharges a firearm or projectile weapon in a safe manner at a suitable firearm, air gun or archery range. Subsection (a)(3) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession and reasonably discharges a firearm or projectile weapon in defense of himself, a third person or property. Subsection (a)(5) of this section does not apply when the 2 actor openly carries a firearm readily capable of lethal use at a suitable firearm range. (d) Subsections (a)(1) and (4) of this section shall not apply to any person possessing a valid authorization to carry concealed weapons under RSMo § 571.094, to the extent that statute prohibits the enforcement of those subsections, and subject to the location limitations, and other limitations contained in that statute. is hereby repealed in its entirety, and a new Section 17-98 of the City of Cape Girardeau, Missouri, is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 17-98. - Unlawful possession or use of weapons. (a) A person commits the offense of unlawful possession or use of weapons if he knowingly: (1) Carries, concealed upon or about his person a knife, a firearm, a blackjack or any other weapon readily capable of lethal use; or (2) Possesses or discharges a firearm or projectile weapon while intoxicated; or (3) Discharges a firearm or projectile weapon; or (4) Carries a firearm or any other weapon readily capable of lethal use into any church or place where people have assembled for worship, or into any school, or into any election precinct on any election day, or into any building owned or occupied by any agency of the federal government, state government, or political subdivision thereof, or into any public assemblage of persons met for any lawful purpose; or (5) Openly carries a firearm readily capable of lethal use; or (6) Possesses a firearm while also knowingly in possession of a controlled substance that 3 is sufficient for a felony violation of RSMo § 195.202. (b) Subsections (a)(1), (3), (4) and (5) of this section shall not apply to or affect any of the following: (1) All state, county and municipal law enforcement officers possessing the duty and power of arrest for violations of the general criminal laws of the state or for violations of ordinances of counties or municipalities of the state, or any person summoned by such officers to assist in making arrests or preserving the peace while actually engaged in assisting such officer; (2) Wardens, superintendents and keepers of prisons, penitentiaries, jails and other institutions for the detention of persons accused or convicted of crime; (3 ) Members of the armed forces or national guard while performing their official duty; (4) Those persons vested by Article V, Section 1 of the Constitution of Missouri with the judicial power of the state; (5) Any persons whose bona fide duty is to execute process, civil or criminal. (c) Subsections (a)(1), (2), (4) and (5) of this section do not apply when the actor is transporting such weapons in a nonfunctioning state or in an unloaded state when ammunition is not readily accessible or when such weapons are not readily accessible. Subsection (a)(1) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession, authority or control, or is traveling in a continuous journey peaceably through this state. Subsection (a)(3) of this section does not apply when the actor discharges a firearm or projectile weapon in a safe manner at a suitable firearm, air gun or archery range. Subsection (a)(3) of this section does not apply when the actor is in his dwelling unit or upon business premises over which the actor has possession and reasonably discharges a 4 firearm or projectile weapon in defense of himself, a third person or property. Subsection (a)(5) of this section does not apply when the actor openly carries a firearm readily capable of lethal use at a suitable firearm range—, or in the lawful pursuit of game. Subsection (a)(5) of this Section also does not apply in accordance with the following: (1) Any person with a valid concealed carry endorsement or permit who is open carrying a firearm shall be required to have a valid concealed carry endorsement or permit from this state, or a permit from another state that is recognized by this state, in his or her possession at all times; (2) Any person open carrying a firearm shall display his or her concealed carry endorsement or permit upon demand of a law enforcement officer; (3) In the absence of any reasonable and articulable suspicion of criminal activity, no person carrying a concealed or unconcealed firearm shall be disarmed or physically restrained by a law enforcement officer unless under arrest; (4) Any person who violates Subsections (c)(1) or (c)(2) of this Section shall be subject to the penalty provided in RSMo q 571.121. (d) Subsections (a)(1) and (4) of this section shall not apply to any person possessing a valid authorization to carry concealed weapons under RSMo q 571.094, to the extent that statute prohibits the enforcement of those subsections, and subject to the location limitations, and other limitations contained in that statute. (e) Nothing in this Section shall be construed to preclude the use of a firearm in defense of person or property, subject to the provisions of RSMo Chapter 563. ARTICLE 2. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of 5 competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 3. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. ATTEST: Gayle L. Conrad, City Clerk Harry E. Rediger, Mayor 6 Staff` Ryan Shrimplin, AICP - City Agenda: Planner 12/1/2014 SUBJECT An Ordinance approving the record plat of Dodson Farm Subdivision. EXECUTIVE SUMMARY The attached ordinance approves the record plat of Dodson Farm Subdivision. BACKGROUND/DISCUSSION A record plat has been submitted for Dodson Farm Subdivision, located on Hopper Road. The subdivision is zoned R-1 (Single-family Suburban Residential District). The plat reconfigures four existing parcels into three new lots. A variance is shown for the omission of the required street frontage for Lot 2. City staff supports the variance because Lot 2 has existing access via a driveway on Lot 1. An ingress -egress easement is proposed as part of the plat. STAFF RECOMMENDATION The staff report to the Planning and Zoning Commission recommended approval. BOARD OR COMMISSION RECOMMENDATION The Planning and Zoning Commission, at its November 12, 2014 regular meeting, recommended approval of the record plat with a vote of 8 in favor, 0 in opposition, and 0 abstaining. ATTACHMENTS: Name: ❑ Dodson Farm Plat.doc ❑ Staff RRA Form - Dodson Farm Subdivision.0 ❑ Map - Dodson Farm Subdivision.0 ❑ Application - Dodson Farm Subdivision.pdf ❑ FINAL DODSON s14143-sub.pdf Description: Dodson Farm Subdivision Ordinance Dodson Farm Subdivision - Staff RRA Form Dodson Farm Subdivision - Map Dodson Farm Subdivision - Application Dodson Farm Subdivision - Record Plat BILL NO. 14-186 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF DODSON FARM SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of Dodson Farm Subdivision, being a part of the Southwest Quarter, Section 26, Township 31 North, Range 13 East, of the Fifth Principal Meridian, in the City and County of Cape Girardeau, Missouri, submitted by Dodson Farm, L.L.C., Dodson Trust Agreement dated August 29, 1995 as amended June 17, 1995, and Kevin B. Spaeth and Celeste B. Spaeth, bearing the certification of R. Christopher Bowen, dated November 12, 2014, is hereby approved. ARTICLE 2. The City Clerk is hereby directed to sign the record plat with the date of Council approval and affix thereto the seal of the City of Cape Girardeau, Missouri. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review, Referral and Action - Subdivision Application FILE: Dodson Farm Subdivision LOCATION: Hopper Road & Kage Road STAFF REVIEW & COMMENTS: A record plat has been submitted to subdivide property at the corner of Hopper Road and Kage Road. SEE STAFF REPORT FOR MORE DETAILS. City Planner City Ar ' y City Planning & Zoning Commission RECOMMENDED ACTION COMMENTS: CITIZENS COMMENTING AT MEETING: 1�141t4- Date Date Date Favvoy Oppose Abstain Patrick Koetting LJ ❑ ❑ Scott McClanahan Li❑ Ll Ll Tom Welch 3 L)❑ Oppose 0 Abstain V?J,& Randy Kluge Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3.d Reading: ORDINANCE # Effective Date: Favor Oppose Abstain Trae Bertrand ❑ ❑ ❑ Pa Larry Dowdy d; Ll L)Sc Jeff Glenn Ld'/ Ll L3 Doug Spooler Bill Hinckley 5d Ll L)To Randy Kluge d La ❑ � VOTE COUNT: Favor COMMENTS: CITIZENS COMMENTING AT MEETING: 1�141t4- Date Date Date Favvoy Oppose Abstain Patrick Koetting LJ ❑ ❑ Scott McClanahan Li❑ Ll Ll Tom Welch 3 L)❑ Oppose 0 Abstain V?J,& Randy Kluge Planning & Zoning Commission Secretary City Council Action Ordinance I" Reading Ordinance 2nd & 3.d Reading: ORDINANCE # Effective Date: Dodson Farm Subdivision Record Plat 3260 .3212 '43201 Cdr _ 3203 ` %O 3207 o�� ��3211 r 3801 *3806 3719 3301 3309 #33052 • Valley-ViewLn +3814 1146 X1142 ` 3311 y. ,1138 C) • W 0�8 110141 .1007 1006 .1003 11!! I 1002 t t; .3734 . W O N = 3730 W S 3726 1 inch = 258 fee City of Cape Girardeau Division of Planning Services GIS Data October 27, 2014 .3321 .3107 I .3087 a 3075 i3125 if 4111111h` 319 rI 3115 Hopper Rd 3569 3541 .3556 •3550., 544 3538 •3555 A 3532 3526 lf' 3520 3549 3543 .353 3 524; 3515 3531 • 816 'X 3564 E • 814 / 3525 �QO r 811 Legend 807 3 Dodson Farm Subdivision Parcels Source:'Esri, DigifUlGlobe, Gec E) Lot Line ONES/Airbus DS;, USDA, USGSr swisstopp, and the GiS User Co 0 SUBDIVISION PLAT APPLICATION CITY Of CAPE GIRARDEAU DEVELOPMENT SERVICES DEPARTMENT, 401 INDEPENDENCE ST, CAPE GIRARDEAU, MO 63703 (573) 339-6327 Name of Subdivision Type of Plat (Preliminary, Recovd, BoundarV „djustrnenQ Dodson Farms Record Plat Applicant Property Owner of Record (if other than Applicant) Kevin Spaeth Robert & Betty Dodson Mailing Address City, State, Zip Mailing Address City, State, Zip 3321 Kage Rd. Cape Gir. 63701 PO Box 1568 Cape Gir. 63701 Telephone Email Telephone Email 573-579-5444- kspaeth@capelawfirm.com 573-579-5444 Contact Person (If Applicant is a Business or Organization) I (Attach additional owners information if necessary) Professional Engine e- r J SurveVar Bowen Engineering & Surveying .......................................................................-........................................................................... Mailing Address City, State, Zip 2121 Megan Drive Cape Gir. 63701 Telephone Email 573-339-5900 chriskelley@bowenengsurv.com De VMG pe r Mailing Address I City, State, Zip Telephone I Email ADDITIONAL MM ,7 In addition to this application, the following items must be submitted: Review Fee (payable to City of Cape Girardeau) I�EQ����© Single -Family and Two -Family Residential $18.00 per lot ($90.00 minimum) Multi -Family Residential $18.00 per dwelling unit ($90.00 minimum) Non -Residential $18.00 per acre ($90.00 minimum) Recording Fee Deposit (payable to City of Cape Girardeau — Record Plat or Boundary Adjustment only) 18" x 24" sheet size $44.00 24" x 36" sheet size $69.00 (The City reserves the right to issue a partial refund or collect an additional fee if the actual recording cost differs from the deposit amount) Three (3) full size copies of the plat (Preliminary Plat or Boundary Adjustment only) Four (4) full size copies of the plat (Record Plat only) One (1) reduced size (8-1/2" x 11") copy of the plat I certify that I am the Property Owner of Record, or an Agent authorized by the Property Owner to file this application on their behalf. I understand and acknowledge that any public improvements depicted on the plat shall be completed, or an escrow agreement executed, prior to City Council's acceptance of the record plat. Applicant Sig ature Date OFFICE USE ONLY Date Received lam' By Planning & Zoning Commission Recommendation City Council Final Action Date Date File Number Revised 6/18/2012 LOCATION MAP ZONING INFORMATION R-1, SINGLE-FAMILY SUBURBAN RESIDENTIAL DISTRICT MAXIMUM HEIGHT: NOT TO EXCEED 2 1/2 STORIES OR 35' MINIMUM LOT AREA: 10,000 SQ. FT. MINIMUM LOT WIDTH: 80.0' MAXIMUM DENSITY: 4 UNITS PER ACRE MAXIMUM BUILDING COVERAGE: NONE MINIMUM OPEN SPACE: NONE MINIMUM YARD & BUILDING SETBACK REQUIREMENTS: FRONT -30 FEET REAR- 25 FEET SIDE - 6 FEET NOTE: NUMBER OF LOTS: 3 TOTAL SUBDIVISION AREA: 27.12 ACRES SMALLEST LOT SIZE: 2.08 ACRES (LOT 2) LARGEST LOT SIZE: 13.33 ACRES (LOT 3) A VARIANCE IS SHOWN FOR THE OMISSION OF THE REQUIRED STREET FRONTAGE FOR LOT 2. FLOODPLAIN INFORMATION THIS SITE LIES IN FLOOD ZONE X, (NO SHADING) AN AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN AS INDICATED BY F.I.R.M. (FLOOD INSURANCE RATE MAP) MAP NUMBER 29031CO254E, WITH AN EFFECTIVE DATE OF SEPTEMBER 29, 2011. REFERENCES: RECORD PLAT OF CAROLEWOOD ESTATES SUBDIVISION AS RECORDED IN PLAT BOOK NO. 12 AT PAGE NO. 41 RECORD PLAT OF ERVIN SUBDIVISION AS RECORDED IN PLAT BOOK NO. 12 AT PAGE NO. 57 RECORD PLAT OF CHIGGER FLATS SUBDIVISION AS RECORDED IN PLAT BOOK NO. 14 AT PAGE NO. 2 RECORD PLAT OF ASHLAND HILLS ESTATES THIRD SUBDIVISION AS RECORDED IN PLAT BOOK NO. 15 AT PAGE NO. 36 RECORD PLAT OF ASHLAND HILLS ESTATES FOURTH SUBDIVISION AS RECORDED IN PLAT BOOK NO. 15 AT PAGE NO. 53 RECORD PLAT OF ASHLAND HILLS ESTATES SIXTH SUBDIVISION AS RECORDED IN PLAT BOOK NO. 15 AT PAGE NO. 96 RECORD PLAT OF SUMMIT ESTATES SECOND SUBDIVISION AS RECORDED IN PLAT BOOK NO. 16 AT PAGE NO. 97A RECORD PLAT OF BEAVER CREEK ESTATES AS RECORDED IN PLAT BOOK NO. 19 AT PAGE NO. 8 GENERAL WARRANTY DEED, BOOK NO. 285 - PAGE NO. 959 GENERAL WARRANTY DEED, BOOK NO. 511 - PAGE NO. 378 GENERAL WARRANTY DEED, BOOK NO. 1045 - PAGE NO. 192 GENERAL WARRANTY DEED, BOOK NO. 1045 - PAGE NO. 195 GENERAL WARRANTY DEED, BOOK NO. 1160 - PAGE NO. 076 GENERAL WARRANTY DEED, DOCUMENT NO. 2006-00774 GENERAL WARRANTY DEED, DOCUMENT NO. 2006-03264 GENERAL WARRANTY DEED, DOCUMENT NO. 2012-00920 GENERAL WARRANTY DEED, DOCUMENT NO. 2014-02138 BENEFICIARY DEED, DOCUMENT NO. 2011-08263 BENEFICIARY DEED, DOCUMENT NO. 2013-05125 TAXASSESSMENT MAP NO. 15-909 N U) Go Z o N z z Z N O U � a O W GRAPHIC SCALE 0' 100' 200' 300' 4 SURVEY NOTES: RECORD PLAT SUBDIVISION DEDICATION THIS SURVEY CREATES A NEW 3 LOT SUBDIVISION FROM WE, THE UNDERSIGNED, DODSON FARM, L.L.C., A MISSOURI LIMITED THE PARENT TRACTS RECORDED IN BOOK NO. 1160 AT PAGE LIABILITY COMPANY, AND DODSON TRUSTAGREEMENT DATEDAUGUST NO. 076, DOCUMENT NO. 2007-10543 AND DOCUMENT NO.DODSON FARM SUBDIVISION 29, 1995 AS AMENDED JUNE 17, 2003, AND KEVIN B. SPAETH AND CELESTE B. 2014-02138 SPAETH, HUSBAND AND WIFE, OWNERS OF APART OF THE SOUTHWEST MEASURED DIMENSIONS SHOWN WITHOUT PARENTHESES QUARTER, SECTION 26, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, CITYAND COUNTY OF CAPE GIRARDEAU, STATE OF DEED OR RECORD DIMENSIONS SHOWN WITH PARENTHESES A PART OF THE SOUTHWEST QUARTER, SECTION 26, T 31 N, R 13 E, OF THE 5th P.M. MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS -GRID NORTH DETERMINED BY REAL CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI TIME GPS OBSERVATIONS WITH CORRECTIONS RECEIVED BEGINNING ATA 1" IRON ROD (FOUND) AT THE SOUTHEAST CORNER OF FROM THE MISSOURI HIGHWAYAND TRANSPORTATION LOT NO. 2 ERVIN SUBDIVISION AS RECORDED IN PLAT BOOK NO. 12 AT COMMISSION GLOBAL NAVIGATION SATELLITE REAL-TIME PAGE NO. 57 OF THE LAND RECORDS OF THE COUNTY RECORDER'S OFFICE, NETWORK FOR CONTINUOUSLY OPERATING REFERENCE \ \ ' I P. O. B. SAID POINT ALSO BEING ON THE WEST LINE OF BEAVERCREEK ESTATES AS STATIONS. \ \ A7 \ \ ' I LOT 6 FOUND 1" IRON ROD RECORDED IN PLAT BOOK NO. 19 AT PAGE NO. 8; THENCE \ BE CORNER, LOT 2, S 01° 27' 09" E, 1,181.48 FEETALONG SAID WEST LINE AND THE SURVEY CLASS "C" -URBAN \ Y� \ I / / ERVIN SUBDIVISION, WEST LINE OF SUMMIT ESTATES SECOND SUBDIVISION AS RECORDED IN \ .�Y \ ' / PB NO. 12 -PAGE 57 PLAT BOOK NO. 16AT PAGE NO. 97ATO THE NORTH RIGHT OF WAY LINE ¢ Al \ NOW OR FORMERLY I / N 545,194.5540 "2N ! P.t�� \ \ ' V05ZLER JOINT REVOGABLE TRUST I / / OF HOPPER ROAD; THENCE ALONG SAID NORTH RIGHT OF WAY LINE THE Fc E 1,088,036.4410 FOLLOWING COURSES AND DISTANCES: \ � q \ //,-1q4 �} \ DOCUMENT N0.2006-00114 ✓ NAD83, M.S.P.C. FO , \ a� A \� II LOT l ZONE 2401 EAST S 89° 21' 13" W, 68.18 FEET; THENCE �O/JS9Q�j�. \ 630�� ' LOT 2 U.S. SURVEY FEET / S 66° 03' 50" W, 163.39 FEET; THENCE NW CORNER, LOT 1, I `�65 PG/�p \ 0 ZZt,,p ? \ \ I C.A. = 00°33'30 87174" N 74° 13' 59" W, 106.75 FEET; THENCE CHIGGER FLATS, 1i "y�. \ /� \ ERVIN 5 U B D 1 V 1 5 1 O N N/F 889 - 31' 39" W, 14.92 FEET; THENCE PB NO. 14 - PAGE 02 I G Y} \ \ PLAT BOOK 12 - PAGE 5-7 ( GILL / S 80° 05' 58" W, 185.02 FEET; THENCE FOUND 1/2" IRON PINI 9 \ \ LOT 8 Sq y \ \ I BK51I-P654 N 83° 36' 26" W, 216.96 FEET; THENCE I \ \ ' N 86° 21' 25" W, 30.03 FEET; THENCE I N 89° 12' 39" E 1,202.77' 1-------- ___ BEAVERGREEK ESTATES 882°22'53" W, 102.03 FEET; THENCE / 4 - - - - - - - - - - - - - - - - - - - - ° N 89° 12' 39" E 546.37' N 89 12' 39" E- r - - 656.40'- - - PLAT BOOK 19 PAGE 8 68° 04' 51" W, 128.56 FEET; THENCE L . ............ 25' BSL ............. N / . .............. 25' BSL ............................................. . (N89052'E) (546.2") : N71°40'23" W, 246.97 FEET; THENCE 10' UTILITY EASEMENT N 70° 48' 54" W, 97.17 FEET; THENCE / T_ S 89° 31' 08" W, 15.00 FEET TO THE EAST RIGHT OF WAY LINE OF / LOT I NE CORNER, LOT 1, / CD I ��� KAGE ROAD; THENCE N 00° 28'52"W, 470.15 FEET ALONG SAID EAST NOW OR FORMERLY En J CHIGGER FLATS, / In PB NO. 14 - PAGE 02 m / I RIGHT OF WAY LINE TO THE SOUTH LINE OF ATRACT OF LAND RECORDED 15METH SUFI 4 JEANETTE CHARLENE ABBAS tD FOUND 1/2" IRON PIN/ 100, I IN DOCUMENT NO. 2012-00920; THENCE N 89° 20'01" E, 654.71 DOG. N0.2006-3264 BEARING S 01011'43" E, 00,FEETALONG THE SOUTH LINE OF SAID TRACTAND THE SOUTH LINE OFA I C H I G G E R F L A T S 0'57 i TRACT OF LAND RECORDED IN BOOK NO. 511 AT PAGE NO. 378 TO THE I P L A T B O O K 14 - P A G E 2 } SOUTHEAST CORNER THEREOF; THENCE N 01° 11'43" W, 594.44 FEET I W z�t I ALONG THE EAST LINE OF SAID TRACT AND THE EAST LINE OF LOT NO. uj :� F - d 1 1, CHIGGER FLATS SUBDIVISION AS RECORDED IN PLAT BOOK NO. 14 AT A0 Z r 1 PAGE NO. 2 TO THE SOUTH LINE OF ATRACT OF LAND RECORDED IN BOOK u_ - NO. 285 AT PAGE NO. 959; THENCE N 89° 12'39" E, 656.40 FEET : NOW OR FORMERLY O O W rN 1 ALONG THE SOUTH LINE OF SAID TRACT AND ITS PROLONGATION TO THE - - - - - - - - - - - "T - - - - - _ _ 0005ON FARM, L.L.G. � V 1 POINT OF BEGINNING, CONTAINING 27.12 ACRES, MORE OR LESS. 1 DOG. NO. 2014-02155 1 z 1 HEREBY DECLARE THAT WE HAVE CAUSED SAID LAND TO BE SUBDIVIDED I I M z 1 INTO LOTS AS NUMBERED AND DESIGNATED ON THIS PLAT, WHICH IS A TRUE AND CORRECT REPRESENTATION OF SAID SUBDIVISION, AND DO I I O Q -L HEREBY ESTABLISH PERMANENT EASEMENTS AS SHOWN ON THIS PLAT, WHICH IS NAMED, "DODSON FARM SUBDIVISION- AND DO HEREBY DEDICATE NOW OR FORMERLY SAID EASEMENTS TO THE PUBLIC USE FOREVER. 1 NOW OR FORMERLY I BILL M. s PEGGY A. STANFIELD z LOT 3 - - - - - 6 �` IN WITNESS WHEREOF, SIGNED THIS ---------------------------- DAY OF ANNE E. NORMAN BOOK NO. 511 -PAGE N0.318 13.33 Acres v ! ------------------------------------------201_,A.D. I I DOCUMENT N0.2012 -00920I J I - O \, ! DODSON FARM, L.L.C. I i I W j i I i I °z SE CORNER, BK 511 -PAGE 378, io N FOUND 1/2" IRON PIN NO CAP j r I I I ( ) J13 O ! ^ KEVIN B. SPAETH, TRUSTEE OF DODSON BEARING S 01°04'16"E, 0.40' rn H M IL Q O Ory I I TRUSTAGREEMENT DATED AUGUST 29, 1995 I I i I LU OF ACTUAL CORNER\ m O N O AS AMENDED JUNE 17, 2003, MEMBER \ L (S 89°36' W) D J O I I j \\\ 89° 20 01' W 387 88' Q N89°20'01"E 654.71' 6'BSL••S••••••••••••••••••••'••••••••••-------- Q O ! (V ! DODSON TRUSTAGREEMENT DATED AUGUST 29,1995ASAMENDED JUNE 17,2003 ...................... ............................. 6,B 1J682' .. 5 -- p z j I ^I I 6' BSL ..........................704.31, 1 :(2) ( ) I () cnI I I I N N/F I W _ _ _ _ -� - ----------- W " I SPAETH a :ao o O I ; Staff: Casey Brunke P.E., City Engineer Agenda: 12/1/2014 SUBJECT Ordinance to amend Traffic Schedule T of Section 26-260 of the City Code by amending handicapped parking along a portion of Fountain Street. EXECUTIVE SUMMARY Ordinance to amend Schedule T of Section 26-260 by modifying handicapped parking along a portion of Fountain Street at the southeast corner of the Broadway and Fountain intersection. The handicap stall is proposed to be located along the east curbline of Fountain, beginning 51 feet south from Broadway. BACKGROUND/DISCUSSION City staff was contacted to restore a handicap parking stall on Fountain Street. Because of the planter bulb -outs on Broadway, the existing handicap parking stall does not have the required length to meet parking space standards. The attached ordinance repeals the existing handicap parking space and creates a new handicap parking stall, just south of the previous one. 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 modify handicap parking along a portion of Fountain Street. ATTACHMENTS: �Ndl l lC. Description: ❑ Fountain Street Amend Handicapped Parking.doc Fountain Street Handicapped Ordinance ❑ Fountain HC Parking Stall.pdf Location Map ❑ Fountain Ordinance Info HC Parking Stall.doc Ordinance Info BILL NO. 14-187 ORDINANCE NO. AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, BY AMENDING HANDICAPPED PARKING ALONG A PORTION OF FOUNTAIN 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. Those portions 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: North Fountain Street, beginning at a point 40 feet south of the southeast corner of the intersection of Broadway and North Fountain Street, continuing south along the east curb line for a distance of 25 feet. ARTICLE 2. 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 Fountain Street in the City of Cape Girardeau, Missouri, at the following location: Fountain Street, east side, beginning at a point 51 feet south of the intersection of Broadway and Fountain Street, and continuing southward for a distance of 20 feet along the east curb line of Fountain Street and then terminating. ARTICLE 3. It is the intention of the governing body and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Girardeau, Missouri, and the sections of this Code may be renumbered to accomplish such intention. ARTICLE 4. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. PASSED AND APPROVED THIS DAY 0F 1 2014. Harry E. Rediger, Mayor ATTEST: Gayle L. Conrad, City Clerk City of Cape Girardeau Proposed Amendment to Traffic Schedule T N Legend W+E Street Centerlines S L J Parcel Lines Repeal Ordinance Info Section 26-260 Schedule T — Handicapped Parking CHA-2111 1- 6-97 North Fountain Street, beginning at a point 40 feet south of the southeast corner of the intersection of Broadway and North Fountain Street, continuing south along the east curb line for a distance of 25 feet. New Ordinance Info Section 26-260 Schedule T — Handicapped Parking Fountain Street, east side, beginning at a point 51 feet south of the intersection of Broadway and Fountain Street, and continuing southward for a distance of 20 feet along the east curb line of Fountain Street and then terminating. Gayle L. Conrad, CMC/MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 12/1/2014 SUBJECT Appointment of one City Council member to the Parks and Recreation Foundation for a term expiring December 31, 2015. EXECUTIVE SUMMARY The Parks and Recreation Foundation was established in 1991 as a possible source of private funding for future park expansion and improvements. BACKGROUND/DISCUSSION The Foundation By -Laws require that the City Council annually appoint one Director to serve on the Foundation Board. Since the Foundation was created, this position has been held by a City Council Member, but it is not required. Mrs. Schneider has served as the Council representative on the Foundation Board since April of 2012. STAFF RECOMMENDATION It is recommended that the City Council make one appointment to the Cape Girardeau Parks and Recreation Foundation for a term expiring December 31, 2015. ATTACHMENTS: Name: Description: No Attachments Available Gayle L. Conrad, CMC/MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 12/1/2014 SUBJECT Appointments to the Cape Girardeau Area MAGNET Board of Directors for terms expiring December 31, 2015. EXECUTIVE SUMMARY This item calls for the appointment of two City Council members to serve on the Cape Girardeau Area MAGNET Board of Directors. BACKGROUND/DISCUSSION The terms of Mark Lanzotti and Harry Rediger expired December 31, 2014. All Board members serve for one year and may succeed themselves for a maximum eight year term. Mr. Lanzotti has served on the Board for six years, and Mayor Rediger has served since April of 2010. Both are eligible to be reappointed. STAFF RECOMMENDATION Staff recommends that two Council Members be appointed to the Cape Girardeau Area MAGNET Board of Directors for terms expiring December 31, 2015. ATTACHMENTS: Name: ❑ Magnet Roster. 11-24-14.doc Description: Magnet Roster CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees November 17, 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. Cape Girardeau Area MAGNET Association Date Appointed Clint Tracy (County of Cape) December, 2010 Mike Jennewein (County of Cape) December, 2007 David Hitt (City of Jackson) December, 2008 Danny Essner (Chamber of Commerce) December, 2010 Tim Porch (City of Scott) December 2008 Harry Rediger (City of Cape) April 19, 2010 Mark Lanzotti (City of Cape) October 6, 2008 Brian Tapp (Semo Univ) — ex -officio December, 2013 Date Reappointed Term Expires 12/11; 12/12; 12/13 December 31, 2014 12/08; 12/19; 12/19; 12/11; 12/12; 12/13 December 31, 2014 12/10; 12/11; 12/12; 12/13 December 31, 2014 12/11; 12/12; 12/13 December 31, 2014 12/09; 12/10;12/11; 12/12; 12/13 December 31, 2014 12/10; 01/09/12;12/17/12;12/16/13 December 31, 2014 12/08,12/10; 01/09/12;12/17/12;12/16/13 December 31, 2014 --- December 31, 2014 Each member to serve one year term. Each member appointed by respective founder (City Council). Regular meeting held fourth Tuesday, 8:00 a.m., Chamber Office. Contact is John Mehner, Cape Girardeau Chamber of Commerce. Staff: Bruce Taylor, Deputy City Clerk Agenda: 12/1/2014 SUBJECT Changing dates of City Council meetings in 2015 due to holidays or other conflicts. EXECUTIVE SUMMARY A few City Council meetings in 2015 fall on various holidays observed by the City, and one again falls on the annual Missouri Municipal League Conference. BACKGROUND/DISCUSSION Listed below are the dates of holidays and the MML conference, and staffs proposed meeting dates. Monday, January 19, Martin Luther King, Jr. Day - change to Tuesday, January 20 Monday, September 7, Labor Day - change to Tuesday, September 1 Monday, September 21, MML Conference - change to Monday, September 14 STAFF RECOMMENDATION Staff recommends that the dates for the stated City Council meetings in 2015 be changed by motion. ATTACHMENTS: Name: Description: No Attachments Available Staff` Gayle L. Conrad, Director of Agenda: Citizen Services/City Clerk 12/1/2014 SUBJECT Consideration of appointment of three members to the Board of Examiners for terms expiring January 1, 2015. EXECUTIVE SUMMARY The term of Mr. George Reutzel expired in July of this year, and Mr. Danny Stitz and Mr. Marc Wicks' terms are set to expire January 1, 2015. Mr. Reutzel and Mr. Stitz have exceeded the term limits as defined in the City Ordinance for serving on this advisory board. If no qualified applications are on file, the Council can make a finding that special expertise is required for these positions and reappoint Mr. Reutzel and Mr. Stitz. Mr. Wicks is serving in the at large position and is not required to be a licensed tradesman, and he has expressed interest in being reappointed to the Board. In February of 2013 and in July of 2014, an Ordinance was proposed to the City Council to eliminate the Board of Examiners and to make the review of applicants a staff function. In February of 2013 there were several vacancies on the board, some term limited board members, and no qualified applicants. The Council deferred voting on the ordinance, and the Board found qualified applicants to serve on the board. In July of 2014, a similar situation occurred, and again the Council deferred voting on the ordinance. BACKGROUND/DISCUSSION The Board of Examiners is responsible for examining the qualifications of all applicants for a plumber's license, mechanical installer's license, master drainlayer's license and electrician's license and serves to advise the city council and city staff as to any recommendations they deem appropriate with regard to the licensing of these tradesmen in the City of Cape Girardeau. There are eight members on the Board. Seven of the eight members must hold a valid trades license, with one member being an at -large position and not required to hold a license. Two of the eight members may be residents of Cape Girardeau County but must hold a valid trades license, and one of these positions is filled. A copy of the roster is attached for your review. The following individuals have submitted an advisory board application for the Board of Examiners. With the current makeup of the board, an individual holding a trades license as a mechanical installer, plumber or construction contractor is eligible to serve, as well as one unlicensed individual. Damian Craig not licensed resident Tom Fitzgerald electrician resident Daniel Presson not licensed resident Walter White not licensed resident Stan Wicks electrician non-resident GENERAL DIRECTION Unless directed otherwise, three appointments to the Board of Examiners for terms expiring January 1, 2018, will appear on your next agenda for consideration. ATTACHMENTS: Name: ❑ Examiners Roster 11-17-14.doc ❑ wicks.marc.08-21-06.pdf ❑ craig.damian.08-12-14.1.pdf ❑ Fitzgerald.Tom.08-22-14.1.pdf ❑ presson.daniel.04-0314.1)df ❑ white.walter.0311-14.pdf ❑ Wcks.Stan.10-20-14.1.pdf Description: Board of Examiners roster Board App - Wf cks, Marc Board App - Craig, Damian Board App - Fitzgerald, Tom Board App - Presson, Daniel Board App - White, Walter Board App - Wf cks, Stan CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees November 17, 2014 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only three consecutive full terms on the same board or commission effective with terms commencing January 8, 1996. Board of Examiners Date Appointed Vacant (Reutzel const/electrician) --- Danny E. Stitz (plumber/mech. install.) July 21, 1997 Marc Wicks (at large) Secretary Brian Criddle (mechanical install.) Eric Niswonger (electrician) Tom Hammontree, (plumber) Jeffrey Heise (plumber) James Bowling* (electrician) Chair * outside city limits September 18, 2006 March 18, 2013 March 18, 2013 June 3, 2013 March 18, 2013 December 20, 2010 Date Reappointed Term Expires --- January 1, 2015 12/20/99; 12/16/02; January 1, 2015 12/19/05; 12/15/08; 12/19/11 7/7/08?; 12/15/08; 12/19/11 January 1, 2015 --- January 1, 2016 --- January 1, 2016 --- January 1, 2016 12/16/13 January 1, 2017 12/16/13 January 1, 2017 Serve three year terms, appointed by Council. Two of the 8 members may be residents of Cape Girardeau County as long as they hold a valid trades license. Four of the 8 members must have at least 6 years practical experience in 1 of the construction trades and be licensed in and actually engaged in working at their construction trade at the time of appointment. These four members must include not more than one of each of the following: plumber, mechanical installer, electrician, construction contractor, master drainlayer and plumbing fixture installer. Three members must be licensed as either a plumber, an electrician, a mechanical installer, a construction contractor, a master drainlayer or a plumbing fixture installer and must be actually engaged in working at their trade at the time of their appointment. One member need not be a licensed practitioner of the construction trades. Two members may be residents of Cape County. Meetings held first Wednesday at 7:00 p.m. in Council Chambers. Board considers applications for building trades licenses. Staff contact —Tim Morgan, Inspection Services Director. 339-6327. Gayle L. Conrad, CMC/MRCC, Staff: Director of Citizen Services/City Agenda: Clerk 12/1/2014 SUBJECT 2015 Missouri Sales Tax Holidays EXECUTIVE SUMMARY Missouri has two sales tax holidays that have been enacted by the legislature, although numerous ones have been proposed. Those are the Back to School Sales Tax Holiday and the Show Me Green Sales Tax Holiday. Information regarding both sales tax holidays is being provided for Council consideration. In June of 2009, the City Council opted -out of the Back to School Sales Tax Holiday. In June of 2013, the City Council opted back into the Holiday. In 2015, the Sales Tax Holiday is scheduled to run from Friday, August 1stthrough Sunday, August 3rd. BACKGROUND/DISCUSSION Show Me Green Sales Tax Holidav Section 144.526 RSMo establishes the Show Me Green Sales Tax Holiday to exempt sales of certain energy efficient appliances that occur beginning April 19th and ending at midnight on April 25th from state sales taxes. Specifically, all retail sales of any energy star certified new appliance, up to $1,500 per appliance, will be exempt from state sales taxes during that period. However, they may also be exempt from local sales taxes if the local taxing authoritv opts -in to that holiday. In order to opt -in, the governing body of the local political subdivision must enact an ordinance opting -in to that holiday, and it must notify the Department of Revenue not less than 45 calendar days prior to the beginning date of the sales tax holiday of its intent to opt -in to the holiday. Once it has opted -in, it does not need to opt -in again in order to keep that status. The holiday will not take effect in a local taxing jurisdiction unless it takes this action to opt -in. However, this Section does not address the possibility of opting -out again once a jurisdiction has chosen to opt -in. If it is allowed, presumably the jurisdiction would need to enact an ordinance opting -out, and to notify the Department of Revenue of that decision at least 45 calendar days prior to the next holiday. Since the Statute does not specifically address this issue, caution should be exercised since it is possible that a court interpretation of that question might not permit a locality to subsequently opt -out of the holiday. The City has never participated in the Show Me Green Sales Tax Holiday. If the City Council wishes to opt -in to this holiday in 2015, the following timelines will apply: February 2, 2015 Last Regular Council Meeting Date for First Reading of Ordinance Opting -In to the Holiday February 16, 2015 Last Regular Meeting for Second and Third Readings March 4, 2015 Notice Due to Department of Revenue Back to School Sales Tax Holida Section 144.049 RSMo establishes the Back to School Sales Tax Holiday to exempt sales of certain clothing, personal computers, certain computer software, and school supplies that occur beginning on the first Friday in August and ending at midnight on the following Sunday from state and local sales taxes. Specifically, all retail sales of any article of clothing having a taxable value of $100 or less, all retail sales of school supplies not to exceed $50 per purchase, all computer software with a taxable value of $350 or less, and all retail sales of personal computers or computer peripheral devices not to exceed $3,500 will be exempt from state sales taxes during that period. However, they will also be exempt from local sales taxes unless the local taxing authority o to s -out of that holiday. In order to opt -out, the governing body of the local political subdivision must enact an ordinance opting -out of that holiday, and it must notify the Department of Revenue not less than 45 calendar days prior to the beginning date of the sales tax holiday of its intent to opt -out of the holiday. If a local jurisdiction has previously opted - out, it does not need to opt -out again in order to keep that status. Once it has opted -out, it will continue to be opted -out unless it notifies the department of revenue otherwise. If a local jurisdiction that has previously opted -out wishes to opt back in, it may do so by enacting an ordinance to that effect and notifying the Department of Revenue at least 45 days prior to the next holiday. This choice can be made every year, but if no action is taken, the local jurisdiction's status will continue as it was in the prior year. In the four years the City opted out of the holiday, the Finance Department estimated the impact to the City to be between $50,000 and $70,000 per year for the Back to School Sales Tax Holiday. During the same time period, it is estimated that back to school shoppers still saved between $85,000 and $105,000 per year in sales tax on tax exempt items purchased in Cape Girardeau without the participation of the City in the holiday. If the City Council wishes to opt out of the Holiday for 2015, the following timelines will apply: May 18, 2015 - Last Regular Council Meeting Date for First Reading of Ordinance opting out of Holiday June 1, 2015 - Last Regular Meeting for Second and Third Readings June 22, 2015 - Notice Due to Department of Revenue The deadlines for the City Council to adopt Ordinances for either of these holidays could be different, however, if either Special Council Meetings or emergency readings are used. GENERAL DIRECTION This information is being provided for the City Council's consideration. ATTACHMENTS: Name: Description: No Attachments Available Staff: Gayle L. Conrad, City Clerk Agenda: 12/1/2014 SUBJECT Appointment of one member to the University of Missouri Extension Council for a term expiring February 28, 2017. EXECUTIVE SUMMARY One term on the University of Missouri Extension Council will expire February 28, 2015. This position is currently held by Ms. Brandi Holder, and she has expressed interest in being reappointed. A copy of the roster is attached for your information. BACKGROUND/DISCUSSION House Bill 153 provides that one Extension Council Member must be appointed to represent Cape Girardeau and Jackson, and the municipality with the largest population is to appoint the member for a two year term. According to Missouri State Statutes, the member representing the City is to be appointed by the Mayor. Mr. Richard Proffer from the Extension Office contacted the City and requested, on behalf of the Extension Council, that Ms. Brandi Holder be re -appointed to the serve on the Council. He said she is a great addition to the board. A copy of her questionnarie as submitted to the Extension Council for election is attached for your review. No other applications are on file. GENERAL DIRECTION Mr. Proffer has requested that the position be reappointed at this time as the Extension Council is working to complete the roster for next year's Board of Directors. The appointment of one member by the Mayor will appear on your next agenda for consideration. ATTACHMENTS: Name: ❑ Extension Roster. 11-24-14.doc Description: Extension Board Roster ❑ holder.brandi.12-28-12.odf Board App - Holder, Brandi CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees November 17, 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. Cape County University ofMiissouri Extension Council Date Appointed Date Reappointed Term Expires Brandi Holder February 19, 2013 --- February 28, 2015 Serves two year term; House Bill 153 provides for one Extension Council Member to be appointed to represent Cape Girardeau and Jackson, the municipality with largest population appointing the member. 91 I'l Z19,1011101FRIPIKY41fivilwl October 14, 2014 Sandy's Place Restaurant Members Present: Justin Albright, Craig Bohnsack, Robert Cork, Brad Golden, Paul Mingus 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 11:36am. Mr. Tucker moved and Mr. Trickey seconded the motion to approve the October 14, 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 airline enplanements were up forty enplanements compared to the same month last year. Traffic was up for the month but down year to date. B. Cape Aviation Report — Mr. Irwin presented the Cape Aviation Fuel Report for the month. Mr. Irwin noted an increase in corporate and military traffic. He also reported the potential for additional military traffic due to a recent inspection at the Sikeston Memorial Airport that found discrepancies within their military fueling program. C. Project Updates — • Hangar/Lease Updates — Mr. Loy informed the Board that the former Commander T -hangar building was rented out by a local marketing company to produce a commercial. The company will film the commercial on October 23`d and 24' . Mr. Loy also updated the Board on the political event held at the former Commander hangar earlier in the month. Mr. Loy stated that attendance was poor, partly due to the event not being publicized. It was estimated that less than one hundred people attended the event. As a result of the political event, Mr. Loy was contacted by a local concert promoter interested in utilizing the T -hangar for concerts. It was noted this could generate revenue for the airport but Mr. Cork suggested speaking to the police and City officials to make sure the building could be used for that purpose. Discussion continued on the topic. • Removal and Repainting of Centerline Striping and Hold Bar — Mr. Loy reported that the centerline project is finished but noted there are issues with the lead in lines that have to be corrected. • Snow Removal Equipment — Mr. Loy informed the Board that the snow removal equipment is scheduled to be re -bid due to issues with the previous low bidder's Buy American calculations. As a result, the bids were considered non-responsive. It was discovered that bidders can request a waiver for the calculations. CMT, Inc. made changes to the specifications for the re -bid. • T -Hangar Construction Update — Mr. Loy informed the Board that T -hangar construction project is close to being closed out, however, there are still issues with water leaking into one of the hangars. The City is holding a retainage until the project is closed out. • Agricultural Issues — Mr. Loy provided the Board an overview of the meeting that was held on October 1" to discuss concerns of rice farming in close proximity to the airport. Mr. Loy stated it was a well -attended meeting with lots of feedback. MO State Representative Kathryn Swan expressed interest in introducing legislation to prevent post-harvest farming practices, such as flooding rice fields for the purpose of hunting, which would significantly increase the water fowl population around airports. Mr. on Loy informed the Board that Representative Wayne Wallingford is also interested in assisting with this issue. Mr. Loy noted that the Missouri Rice Council has expressed concern about the potential for legislation that could affect rice farming. Mr. Loy tried to assure the Missouri Rice Council and the Missouri Farm Bureau that legislative efforts were not intended to affect rice farming, rather for preventing the flooding of the fields for hunting purposes within a certain distance (to be determined) of Missouri Airports. Mr. Loy also informed the Board that he spoke with the farmers that are readying land near the airport for rice farming, and they assured him that they will drain the fields immediately following harvest and will not allow hunting on the land. Additionally, they agreed to provide the City access to those farms for harassment purposes. Discussion continued on the topic. • Restaurant Carpet — The bid for the restaurant carpet has closed with Carpet Connection being the low bidder. Upon further inspection of the bids, it was determined they left out one of the offices listed in the specifications and did not submit all of the required documentation. They are therefore considered non- responsive. The second low bidder, Richardet Flooring, has been chosen to install the carpet. Mr. Loy hopes to have the carpet installed before Christmas. IV. NEW BUSINESS A. Review of Annual FAA Inspection — Mr. Loy informed the Board that the Annual FAA inspection went well with only minor issues. The Fire Department was not prepared for the inspection and did not have anyone on duty at Station #2 who was fully ARFF trained. The FAA submitted a letter of Correction citing the issues at the Fire Department which were deferred to the fire chief for response. Discussion continued on the topic. B. Request for Religious Presence in Terminal — Mr. Loy met with the local Jehovah's Witness church to discuss their request to have a personal presence, with the intention of handing out certain reading materials related to their beliefs, in the airport terminal during flights. Mr. Loy informed the Board this is allowed in larger airports such as St. Louis Lambert International Airport, so he contacted them for guidance, but felt we had an issue due to lack of available terminal space. The Board agreed that our general policy is to not allow solicitation and once one group is allowed, you have to provide other groups the same opportunity and our terminal clearly did not have enough room for multiple groups. Based on the Board's opinion, Mr. Loy felt it best to say no, due to the lack of space in the terminal. C. Fire Tax Presentation — Mr. Loy passed out a pamphlet on the Fire Sales Tax Renewal 2014 scheduled to be voted on November 4, 2014. He provided a general overview of how much the tax benefits public safety. 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. 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 CAPE GIRARDEAU CONVENTION AND VISITORS BUREAU Advisory Council Meeting Thursday, November 20, 2014 — 4:00 p.m. Members Present Members Absent Quantella Anderson-Noto (Chairperson) Tim Arbeiter Lyle Randolph Randy Kluge David Ross Joel Neikirk Angie Wilson Loretta Schneider Greg Williams John Mehner L Call to Order: Chairperson Quantella Anderson-Noto called the meeting to order at 4:07 p.m IL Special Presentation: City of Cape Girardeau/MidAmerica Hotels Corporation Feasibility Study Joint Committee — City Staff Liaison Julia Thompson, Director of the Cape Girardeau Parks and Recreation Department. III. No Approval of Minutes. IV. Hotel/Restaurant Tax Report: Mr. Martin distributed the Hotel/Restaurant Tax report which reflects totals through October 2014. Hotel taxes were down 2.3% and Restaurant taxes up 1.98%. Collectively tax receipts are. flat for the year at 36% V. Funding Request: Cape Comic Con $1,000 VI. Isle Casino Cape Girardeau Communications: Lyle Randolph reported that it had been a great year with receipts for the year up 22% VII. No Chamber of Commerce Communications. VIII. No City Cape Girardeau Communications. IX. Other Business: Mr. Martin noted that future meeting of the A C be held at the CVB office on Broadway. X. Next Meeting: Holiday Drop -In Reception Thursday, December 181h at the CVB office. XI. Adjourn Respectfully Submitted, Betty Seesing Roth Administrative Assistant BEAUTIFICATION COMMITTEE MEETING October 28, 2014 DRAFT MINUTES The Cape Girardeau Beautification Committee met at the Osage Centre on Tuesday, October 28, 2014 at 3:00 p.m. Present: Laura Ritter Loretta Schneider Becky Mocherman Brian Langlois Pat Dahl Xavier Bland Absent: Lida Mueller Mike Tripp A. WELCOME/INTRODUCTIONS Staff Present Julia Thompson, Director of Parks & Recreation Brock Davis, Park Division Manager Sharon Bergman, Administrative Secretary B. APPROVAL OF THE MINUTES Brian Langlois made a motion to approve the September 301" minutes and Pat Dahl 2nd the motion. Motion passed C. OLD BUSINESS 1. WAY FINDING SIGNS Isle of Capri has given their approval for the preliminary design for the entry signs to the City to the City Manager. Julia distributed sample designs to show the committee. Hopefully next month they will be approved and installed in the winter. 2. Grass Clippings Ordinance Julia talked with City Attorney Eric Cunningham about the City ordinance on grass clippings. There is an ordinance for this. Code enforcement can cite property or business owner. There is a form be constructed to make it easier for someone to file a report on these matters. 3. KCB Article for Good Times Section Committee decided that each KCB member would take turns writing a section and Julia would look over and submit to the paper. A small write up to encourage and educate the public on beautification, recycling, litter and the KCB committee. 4. Dumpsters/ Overflow City is working on the business requirements for dumpster size and pick up times per week in order to handle the overflow of trash. KEEP CAPE BEAUTIFUL COMMITTEE OCTOBER 28, 2014 PAGE D. NEW BUSINESS 1. Board Appointments Send any suggestions to the KCB members 2. Business Recognition of the Month The committee decided to extend the business recognition to the end of the year. Several nominations including First State Community Bank, Ophelia's, Neumeyer Bed & Breakfast, Glen House and SE State University. Becky Mocherman made a motion to nominate Ophelia's for November business of the month and Brian Langlois 2nd the motion. 3. Litter Index/ Submit to Keep America Beautiful Fall projects - discuss E. REPORTS/OTHER ITEMS AS NEEDED • Council Liaison Report—Councilwoman Schneider —Suggest the City coming up with an online form to file complaints that is easy to fill out for the general public. Also talked about the renewal of the Fire tax. • Department Calendar—Capaha Park finishing up the Play structures for the 5 —8 year olds and 8 -12 year olds. Gateley Garden is complete. Signage is up in Arena Park. • November 12`" is Spaghetti Day —Come out and volunteer are have spaghetti for lunch or dinner. • There will not be a November meeting. Next meeting date will be December 3`d at 3:00 pm. More information to come on December 3`d meeting. Laura Ritter made a motion to adjourn meeting and Loretta Schneider 2nd the motion. Submitted by Sharon Bergman Administrative Assistant Southeast SEMPO Metropolitan Plannin * Organization BOARD OF DIRECTORS MEETING MINUTES June 18, 2014 Osage Centre - Cape Girardeau Board Voting Members Present: Mr. Drew Christian, Southeast Missouri Regional Planning & Economic Development Commission (appointed alternate for Chauncy Buchheit) Mrs. Barbara Lohr, City of Jackson Mr. Scott Meyer, City of Cape Girardeau Mr. Tom Mogelnicki, Cape Girardeau County Transit Authority Mr. Jim Roach, City of Jackson Board Ex -Officio Members Present: Mrs. Mandi Brink, Southeast Missouri Regional Port Authority Technical Planning Committee Members Present: Mr. Rodney Bollinger, City of Jackson Mr. Joe Killian, Missouri Department of Transportation Mrs. Kelley Watson, Cape Girardeau County Transit Authority Staff Present: Ms. Molly Hood, City of Cape Girardeau Mr. Ryan Shrimplin, City of Cape Girardeau Call to Order Vice Chairwoman Lohr called the meeting to order at 2:00 p.m. Introductions There were no introductions. Public Comments There were no public comments. Adoption of Agenda The agenda of the June 18, 2014 Board of Directors Meeting was unanimously approved for adoption upon motion made by Mr. Roach and seconded by Mr. Meyer. Southeast Metropolitan Planning Organization oAl Board Meeting Minutes June 18, 2014 Page 2 of 3 Minutes The minutes of the May 21, 2014 Board of Directors Meeting were unanimously approved upon motion made by Mr. Mogelnicki and seconded by Mr. Christian. Communications from the Chairman There were no communications from the Chairman. New/Unfinished Business Mr. Shrimplin reviewed the latest revisions to the FY 2015 Unified Planning Work Program (UPWP). He stated that the required 15 -day minimum public comment period has closed, and that no comments were received. FHWA, FTA, and MoDOT had issued comments previously, and the document has been revised accordingly. A public hearing was scheduled for this meeting. A notice of the public hearing was published in the Southeast Missourian newspaper on June 8, 2014. Vice Chairwoman Lohr opened the public hearing on the FY 2015 Unified Planning Work Program. There being no questions or comments from the public, the hearing was closed. Mr. Roach made a motion to approve RESOLUTION NO. 2014-03, A Resolution adopting the FY 2015 Unified Planning Work Program. Mr. Mogelnicki seconded the motion. The motion passed unanimously. Other Communications Ms. Hood gave a recap of the two prioritization process meetings with the MoDOT Southeast District and the RPC's for the statewide transportation sales tax. If passed, the tax would generate over $5 billion in revenue over a 10 -year period. The Southeast District would receive about $380 million to be spent on projects in the district. SEMPO projects that made the Southeast District's proposed list include: improvements to Interstate 55 (redesign of Exit 93 and upgrades to the Bloomfield Road overpass), improvements to US Highway 61 and Missouri State Route 25, the Loop Tracks Project at SEMO Port, and a bicycle/pedestrian trail connecting East Main Street in Jackson to Missouri State Route W in Cape Girardeau. Mr. Killian stated that MoDOT has created a page on its website called Moving Forward, which contains the draft project list and a map. The public comment period for the draft list has been extended to July 3, 2014. The Southeast District is hosting several open houses in the region to provide the public with opportunities to ask questions and offer comments in person. The Missouri Highways and Transportation Commission will approve the final list on July 9, 2014. Mr. Christian stated that SEMPO and the RPC's decided to take money "off the top" to supplement funding for maintenance of the existing road and bridge system, and also set aside money to fund a competitive grant program for transit agencies. After discussion, the Board decided to cancel the regularly scheduled meeting in July. Staff will work with the SEMO RPC and MoDOT to continue progress on the Metropolitan Transportation Plan (MTP) and the Transportation Improvement Program (TIP). Southeast Metropolitan Planning Organization oAl Board Meeting Minutes June 18, 2014 Page 3 of 3 Adjournment Upon motion made by Mr. Mogelnicki, seconded by Mr. Roach, the meeting was adjourned unanimously at 2:17 p.m. Respectfully submitted, Ryan Shrimplin