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HomeMy WebLinkAboutCouncil.Agenda.10-15-2001.PacketCITY COUNCIL MEETING AGENDA fo� October 15, 2001 Cape Girardeau, Missouri CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda Monday, October 15, 2001 7:00 p.m. Invocation - Dr. Fred Burgard, Grace Bible Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes — October 1, 2001, Regular and Closed Sessions Adoption of the Agenda Appearances 1. Appearances before the Council on items listed on the agenda 2. Appearances before the Council on items not listed on the agenda City Council 3. Communications to be presented by members of the City Council 4. Communications to be presented by the City Manager or City Staff Consent Ordinances 5. BILL NO. 2001-196, an Ordinance authorizing the acquisition of property for the Lakeshore Drive sewer project. Second and Third Readings. Letter No. 258 Action 6. BILL NO. 2001-197, an Ordinance authorizing the Mayor to execute a special warranty deed to St. Francis Hospital of Franciscan Sisters for unneeded right-of-way for the Silver Springs Road project, north of William Street. Second and Third Readings. Letter No. 259 r1 Action City Council Agenda Page 2 October 15, 2001 ti 7. BILL NO. 2001-198, an Ordinance amending Chapter 2 of the City Code relating to city advisory boards and commissions term limits and attendance policy. Second and Third Readings. Letter No. 260 Action 8. BILL NO. 2001-199, an Ordinance amending Chapter 30 of the Code of Ordinances by changing the zoning of part of Lot 35 of Doctor's Park from C-1 to C-2. Second and Third Readings. Letter No. 261 Action 9. BILL NO. 2001-200, an Ordinance granting a special use permit to George E. and Patricia A. Bockhorst Sr. and Tim Bockhorst for purposes of constructing, maintaining and operating an extension of the existing armor mini storage complex at 1678 Kingsway Drive. Second and Third Readings. (If the ordinance is not approved, a motion will need to be made to adopt Findings and Conclusions denying the application) Letter No. 262 Action New Ordinances 10. BILL NO. 2001-203, an Ordinance authorizing execution of an Airport Assistance Agreement between the State Highway and Transportation Commission of Missouri and the City of Cape Girardeau. First Reading. Letter No. 277 Action 11. BILL NO. 2001-209, an Ordinance approving the record plat of B and E West Second Subdivision. First Reading. Action n Letter No. 278 City Council Agenda Page 3 October 15, 2001 rN Resolutions 12. BILL NO. 2001-204, a Resolution acknowledging receipt of an annexation petition and setting a public hearing regarding the proposed annexation. Reading and Passage. Letter No. 280 Action 13. BILL NO. 2001-205, a Resolution authorizing the City Manager to execute an agreement with Monroe Plumbing and Heating Company, Inc. for the Lexington Avenue, Melody Lane and North Sprigg Street water main extension projects. Reading and Passage. Letter No. 281 Action 14. BILL NO. 2001-206, a Resolution authorizing the City Manager to execute an agreement with Dutch Enterprises, Inc. for the Perryville Road and Lexington Avenue water main extension projects. Reading and Passage. r) Letter No. 282 Action 15. BILL NO. 2001-207, a Resolution authorizing the City Manager to execute a License and Indemnity Agreement with PAR Investment Properties LC, to place certain improvements on city right-of-way at 2516 Carriage Crossing.. Reading and Passage. Letter No. 283 Action 16. BILL NO. 2001-208, a Resolution authorizing application to the Lewis and Clark Bicentennial Commission of the Missouri Department of Natural Resources Corps of Discovery Grant Program for the Red House Interpretive Center Project, and execution of all necessary grant documents. Reading and Passage. Action W Letter No. 284 City Council Agenda Page 4 October 15, 2001 17. BILL NO. 2001-211, a Resolution authorizing the City Manager to execute Supplement No. 1 to the Master Site Lease with the Federal Aviation Administration, at the Cape Girardeau Regional Airport, for the automated surface observing system. Reading and Passage. Letter No. 285 Action 18. BILL NO. 2001-212, a Resolution authorizing the City Manager to execute an Airport Terminal Blast Assessment Agreement with Applied Research Associates, Inc. at the Cape Girardeau Regional Airport. Reading and Passage. Letter No. 286 Action 19. BILL NO. 2001-213, a Resolution authorizing the City Manager to execute a Commitment for Financial Assistance with the Missouri Transportation Finance Corporation for purchase of a bi- fold hangar door at the Cape Girardeau Regional Airport. Reading and Passage. Letter No. 287 Action 20. BILL NO. 2001-214, a Resolution adopting a Flexible Benefits Plan with American Family Life Assurance Company (AFLAC) for the City of Cape Girardeau. Reading and Passage. Letter No. 288 Action Appointments 21. Appointments to the Parks and Recreation Advisory Board. Letter No. 279 Action Liquor Licenses 22. Conditional approval of a retail liquor by the drink license for CNR Enterprises d/b/a Pockets, 2021 Independence, Carol Jean Littge, Managing Officer. 23. Conditional approval of a retail liquor by the drink and Sunday sales license for Supaporn Hill d/b/a Saffron, 97 North Kingshighway, Supaporn Hill, Managing Officer. City Council Agenda Page 5 October 15, 2001 24. Conditional approval of a 5% beer by the drink license for James Harrison d/b/a Jim's, 2100 Big Bend Road, James Harrison, Managing Officer. Other 25. A motion accepting the improvements to the South Ramsey gravity sewer portion of the Sanitary Sewer Improvement Program, Phase H, and authorizing final payment to Loana contractors, Inc. Letter No. 289 Action 26. A motion accepting the improvements on William Street from Kingshighway to Sprigg Street completed under the 1999 Slurry Seal Program, and authorizing final payment to N.B. West Contracting Company, Inc.. 27. Letter No. 290 Action A motion accepting the improvements completed under the 2000-1 Slurry Seal Program, and authorizing final payment to N.B. West Contracting Company, Inc.. Action 28. Other business. 29. Adjournment of the City Council. Letter No. 291 ************ The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall, 401 Independence Street, on Monday, October 15, 2001, 5:00 p.m. ************ 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 confidential or privileged communications with its attorney and legal actions or litigation pursuant to RSMo. Section 610.021(1). CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda Monday, October 15, 2001 7:00 p.m. 28. Other items. a. Conditional approval of a retail liquor by the drink and Sunday sales license for Jan's Wine Cellar, LLC, d/b/a In the Wine Cellar, 31 North Main, Janice S. Bennett Wilkins, Managing Officer. n MO CITY OF CAPEGIRARDEAU U ��\ ~ 401 INDEPENDENCE PO BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 n r) INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted. 10-12-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from JAN'S WINE CELLAR, LLC d/b/a IN THE WINE CELLAR located at 31 N MAIN for a RETAIL LIQUOR BY THE DRINK AND SUNDAY SALES license. Please complete inspection and return to the Finance Department. Referred to Police Department 10-12-01 Date Referred to City Inspector 10-12-01 Date Notice (sign) given to Applicant N/A for Council Meeting 10-15-01 Date Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR APPROVED DISAPPROVED DATE COMMENTS The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER 'Mo CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 I;> CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant JAN'S WINE CELLAR LLC Managing Officer Business Address Type of Liquor License JANICE S BE NETT WILKINS 31 N MAIN d/b/a IN-MlE WINE CELLAR RETAIL LIQUOR BY THE DRINK AND SUNDAY SALES Type of license in last 6 months SAME Approval of Applicant by Police Department: Date Signature Inspection Personnel: Zoning Classification_"_ The applicantsis i required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant no posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure U s no within 200 feet of a church or school building. This structure isBOOMzoned correctly as required under Chapter 3 the City Code of Ordinances. Date Signature This liquor license was conditionally approved by the City Council at their meeting on 11 CONSENT mORDINANCEI S �il CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 258 Agenda October 1, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: An Ordinance Authorizing the Acquisition of Property for the Lakeshore Drive Area Sanitary Sewer Project This Ordinance authorizes staff to proceed with the necessary property acquisition for the construction of the Lakeshore Drive area sanitary sewer project. The project includes the provision of sanitary sewer service to an area of the City which currently does not have sanitary sewers available. This project is included in the City's Capital Improvements Program and will replace deteriorating septic systems in a residential area. Special assessments to the affected property owners will be issued to cover the cost of the project. It is recommended that the Council give first reading consideration of the attached ordinance authorizing staff to proceed with the acquisition of property for this improvement project. Respectfully Submitted, ent M. rat City P er Michael G. Miller City Manager BILL NO. 2001-196 ORDINANCE No. AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE LAKESHORE DRIVE SEWER PROJECT 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 certain property needed for the provision of a sanitary sewer line for the Lakeshore Drive area. 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 the following tracts are hereby authorized and ratified by the City Council. ARTICLE 2. The properties designated for acquisition for this project are as follows: TRACT 1. THE ROMAN CATHOLIC CHURCH OF THE SPRINGFIELD -CAPE GIRARDEAU DIOCESE, INC. PERMANENT SEWER EASEMENT Part of a parcel of land located in U.S. Survey 2198, Township 31 North, Range 13 East, in the City and County of Cape Girardeau, Missouri, more particularly described as follows: Commence at the Northeast corner of Lot 8 in Block 2 of Lakeview Estates Subdivision Number 1; thence along the East line of said Lot 8, South 16°17'45" East, 42.71 feet to a point; thence leaving said East line, North 09°16'16" West, 44.30 feet to a point on the South right of way line of Lakeshore Drive; thence along said South right of way line, South 60°39'02" West, 5.56 feet to the Point of Beginning. Containing approximately 115.71 square feet. ALSO: Commence at the Northeast corner of Lot 8 in Block 2 of Lakeview Estates Subdivision Number 1; thence along the East line of said Lot 8, South 16°17'45" East, 139.89 feet to the Southeast corner of said Lot 8; thence leaving said East line, South 66036'06" West, 89.94 feet; thence South 73°56'38" West, 46.83 feet to the point of beginning; thence continue South 73056'38" West, 204.89 feet; thence South 76022'20" West, 166.21 feet; thence South 76°13'13" West, 132.99 feet; thence North 85040'12" West, 255.67 feet to the East right of way line of Perryville Road; thence along said East right of way line, South 00°54'58" East, 15.89 feet to a point; thence leaving said East right of way line, South 85°51'21" East, 256.63 feet; thence North 76013'13" East, 135.36 feet; thence North 76022'20" East, 166.17 feet; thence North 76°38'47" East, 42.26 feet; thence North Page 1 of 12 68024'26" East, 69.19 feet; thence North 67°4338" East, 95.00 feet to the Point of Beginning. Containing approximately 10,546.90 square feet. TRACT 2. THE ROMAN CATHOLIC CHURCH OF THE SPRINGFIELD -CAPE GIRARDEAU DIOCESE, INC. TEMPORARY CONSTRUCTION EASEMENT Part of a parcel of land located in US. Survey 2198, Township 31 North, Range 13 East, in the City and County of Cape Girardeau, Missouri, more particularly described as follows: Commence at the Northeast corner of Lot 8 in Block 2 of Lakeview Estates Subdivision Number 1; thence along the East line of said Lot 8, South 16°17'45" East, 42.71 feet to the point of beginning; thence continue along said East line, South 16°17'45" East, 81.77 feet to a point; thence leaving said East line, North 09° 16"6" "West, 129.11 feet to a point on the South right of way line of Lakeshore Drive; thence along said South right of way line, South 60°39'02" West, 10.65 feet; thence leaving said South right of way line, South 09°16'16" East, 44.30 feet to the Point of Beginning. Containing approximately 867.05 square feet. ALSO: Commence at the Northeast corner of Lot 8 in Block 2 of Lakeview Estates Subdivision Number 1; thence along the East line of said Lot 8, South 16°17'45" East, 139.89 feet to the Southeast corner of said Lot 8, also being the point of beginning; thence leaving said East line, South 66°36'06" West, 89.94 feet; thence South 73°56'38" West, 46.83 feet; thence South 67°43'38" West, 95.00 feet; thence South 68°2426" West, 69.19 feet; thence South 7613847" West, 42.26 feet; thence South 76122'20" West, 166.17 feet; thence South 76013'13" West, 135.36 feet; thence North 8505121" West, 256.63 feet to a point on the East right of way line, South 8501411" East, 252.47 feet; thence North 76°3727" East, 353.78 feet; thence North 68°24'26" East, 70.63 feet; thence North 67°43'38" East, 225.92 feet; thence North 03°08'56" West, 17.67 feet to the Point of Beginning. Containing approximately 16,986.16 square feet. TRACT 3. J. GEORGE DAVIS PERMANENT SEWER EASEMENT That part of Lot 1 of Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 1 of Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 1, South 04°00'59" West, 119.04 feet to the point of beginning; thence continue along said East line, South 04100'59" West, 72.04 feet to a point on the North right of way line of Lakeshore Drive; thence along said right of way line, North 82°00'18" West, 7.57 feet to a point; thence leaving said right of way line, North 04°02'54" East, 92.04 feet to a point; thence North 69°3542" East, 8.24 feet to Point of Beginning. Containing approximately 707.28 square feet. V Page 2 of 12 TRACT 4. J. GEORGE DAVIS TEMPORARY CONSTRUCTION EASEMENT That part of Lot 1 of Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 1 of Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 1, South 04100'59" West, 119.04 feet to the point of beginning; thence leaving said East line, South 6913542" West, 8.24 feet to a point; thence South 04°02'54" West, 20.51 feet to a point; thence North 85057'06" West, 7.50 feet; thence North 04°02'54" East, 28.09 feet; thence North 69°3542" East, 16.47 feet to the Point of Beginning. Containing approximately 305.77 square feet. TRACT 5. FRED FRISBIE, JR., TRUSTEE OF THE FRED FRISBIE, JR. REVOCABLE LIVING TRUST AGREEMENT DATED THE 2ND DAY OF NOVEMBER, 1998 PERMANENT SEWER EASEMENT That part of Lot 4 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast comer of Lot 4 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 4, South 05°42'20" West, 88.87 feet; thence continue along said East line, South 05°42'20" West, 16.70 feet to a point; thence leaving said East line, South 6903542" West, 104.98 feet to a point on the West line of said Lot 4; thence along said West line, North 04000'59" East, 16.47 feet to a point; thence leaving said West line, North 6903542" East, 105.53 feet to the Point of Beginning. Containing approximately 1,578.82 square feet. TRACT 6. FRED FRISBIE, JR., TRUSTEE OF THE FRED FRISBIE, JR. REVOCABLE LIVING TRUST AGREEMENT DATED THE 21-m DAY OF NOVEMBER, 1998 TEMPORARY CONSTRUCTION EASEMENT That part of Lot 4 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 4 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 4, South 05142'20" West, 77.73 feet to the point of beginning; thence continue along said East line, South 05°42'20" West, 11.14 feet to a point; thence leaving said East line, South 69°3542" West, 105.53 feet to a point on the West line of said Lot 4; thence along said West line, North 04°00'59" East, 10.98 feet to a point; thence leaving said West line, North 69°3542" East, 105.89 feet to the Point of Beginning. Containing approximately 1,057.06 square feet. wmo That part of Lot 4 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 4 in Block 1 of Lakeview Estates Subdivison No. 2; thence along the East line of said Lot 4, South 05°42'20" West, 105.57 feet to the point Page 3 of 12 of beginning; thence continue along said East line, South 05042'20" West, 5.57 feet to a l point; thence leaving said East line, South 69°3542" West, 104.80 feet to a point on the V West line of said Lot 4; thence along said West line, North 04°00'59" East, 5.49 feet to a point; thence leaving said West line, North 69°35'42" East, 104.98 feet to the Point of Beginning. Containing approximately 524.47 square feet. TRACT 7. EDWARD M. GREBING and DOROTHY GREBING PERMANENT SEWER EASEMENT That part of Lot 2 in Block 1 of Lakeview Estates Subdivision Number 5 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 2 in Block 1 of Lakeview Estates Subdivision No. 5; thence along the East line of said Lot 2, South 01 039'23" East, 127.56 feet to the point of beginning; thence leaving said East line, South 88025'35" West, 7.74 feet to a point; thence South 01°3425" East, 101.42 feet to a point on the North right of way line of Lakeshore Drive; thence along said North right of way line, along the arc of a non -tangent curve concave to the South having a radius of 195.20 feet, a distance of 7.91 feet to a point; thence leaving said North right of way line, North 01°39'23" West, 100.75 feet to the Point of Beginning. Containing approximately 789.66 square feet. TRACT 8. EDWARD M. GREBING and DOROTHY GREBING TEMPORARY CONSTRUCTION EASEMENT That part of Lot 2 in Block 1 of Lakeview Estates Subdivision Number 5 in the City and County of Cape Girardeau, N issouri, described as follows: Commence at the Northeast corner of said Lot 2; thence along the East line of said Lot 2, South 01°39'23" East, 122.56 feet to the point of beginning; thence leaving said East line, South 88°25'35" West, 15.23 feet to a point; thence South 01024'35" East, 107.35 feet to a point on the North right of way line of Lakeshore Drive; thence along said North right of way line, along the arc of a non -tangent curve concave to the South having a radius of 195.20 feet, a distance of 7.56 feet to a point; thence leaving said North right of way line, North 01°3425" West, 101.42 feet; thence North 88°2535" East, 7.74 feet to the Point of Beginning. Containing approximately 840.13 square feet. TRACT 9. ROBERT N. HENSON, JR. PERMANENT SEWER EASEMENT That part of Lot 3 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 3 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 3, South 04000'59" West, 80.13 feet to the point of beginning; thence continue along said East line, South 04°00'59" West, 16.47 feet to a point; thence leaving said East line, South 69035'42" West, 113.33 feet to a point on the West line of said Lot 3; thence along said West line, North 03°16'30" East, 16.38 feet to a point; thence leaving said West line, North 6903542" East, 113.56 feet to the Point of Beginning. Containing approximately 1,701.69 square feet. Page 4 of 12 TRACT 10. ROBERT N. HENSON, JR. TEMPORARY CONSTRUCTION EASEMENT That part of Lot 3 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 3 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 3, South 04100'59" West, 69.15 feet to the point of beginning; thence continue along said East line, South 04000'59" West, 10.98 feet to a point; thence leaving said East line, South 6903542" West, 113.56 feet to a point on the West line of said Lot 3; thence along said West line, North 03°16'30" East, 10.92 feet to a point; thence leaving said West line, North 6903542" East, 113.72 feet to the Point of Beginning. Containing approximately 1,136.40 square feet. That part of Lot 3 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 3 in Block 1 of Lakeview Estates Subdivision No, 2; thence along the East line said Lot 3, South 04000'59" West, 96.6 feet to the point of beginning; thence continue along said East line, South 04000'50" West, 5.49 feet to a point; thence leaving said East line, South 6903542" West, 113.25 feet to a point on the West line of said Lot 3; thence along said West line, North 03° 16'30" East, 5.46 feet to a point; thence leaving said West line, North 6903542" East, 113.33 feet to the Point of Beginning. Containing approximately 566.45 square feet. TRACT 11. IVAN L. IRVIN and PATRICIA J. IRVIN, TRUSTEES OF THE IVAN L. IRVIN AND PATRICIA J. IRVIN VOLUNTARY TRUST OF APRIL 7,1995 PERMANENT SEWER EASEMENT That part of Lot 7 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 7 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 7, South 28127'19" West, 70.00 feet to the point of beginning; thence continue along said East line, South 28027'19" West, 15.00 feet to a point; thence leaving said East line, North 61°03'28" West, 98.07 feet to a point; thence North 821'48" West, 1.96 feet to a point on the West line of said Lot 7; thence along said West line, North 28°27'19" East, 15.72 feet to a point; thence leaving said West line, South 61003'28" East, 99.90 feet to the Point of Beginning. Containing approximately 1,499. 11 square feet. TRACT 12. IVAN L. IRVIN and PATRICIA J. IRVIN, TRUSTEES OF THE IVAN L. IRVIN AND PATRICIA J. IRVIN VOLUNTARY TRUST OF APRIL 7,1995 TEMPORARY CONSTRUCTION EASEMENT Page 5 of 12 That part of Lot 7 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and ` } County of Cape Girardeau, Missouri, described as follows: V Commence at the Northeast corner of Lot 7 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 7, South 28027'19" West, 60.00 feet to the point of beginning; thence continue along said East line, South 28°27'19" West, 10.00 feet to a point; thence leaving said East line, North 61°03'28" West, 99.90 feet to a point on the West line of said Lot 7; thence along said West line, North 28027'19" East, 10.00 feet to a point; thence leaving said West line, South 61003'28" East, 99.90 feet to the Point of Beginning. Containing approximately 999.00 square feet. ALSO: That part of Lot 7 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 7M' Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line said Lot 7, South 28°27'19" West, 85.00 feet to the point of beginning; thence continue along said East line, South 28027'19" West, 5.00 feet to a point; thence leaving said East line, North 61003'28" West, 97.16 feet to a point; thence North 82°41'48" West, 2.94 feet to a point on the West line of said Lot 7; thence along said West line, North 28027'19" East, 5.36 feet to a point; thence leaving said West line, South 82°41'48" East, 1.96 feet to a point; thence South 61103'28" East, 98.07 feet to the Point of Beginning. Containing approximately 500.31 square feet. TRACT 13. TOM J. KELLY and PATSY H. KELLY PERMANENT SEWER EASEMENT That part of Lot 2 in Block 1 of Lakeview Estates Subdivision No. 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast comer of Lot 2 of Lakeview Estates Subdivision Number 2; thence along the East line of said Lot 2, South 03°16'30" West, 66.95 feet to the point of beginning; thence continue along said East line, South 03116'30" West, 16.38 feet to a point; thence leaving said East line, South 6903542" West, 99.13 feet to a point; thence South 04002'54" West, 83.41 feet to a point on the North right of way line of Lakeshore Drive; thence along said North right of way line, North 82°00'18" West, 7.47 feet to the Southwest corner of said Lot 2; thence leaving said right of way line along the West line of said Lot 2, North 04°00'59" East, 95.97 feet to a point; thence leaving said West line, North 69035'42" East, 107.13 feet to the Point of Beginning. Containing approximately 2,217.25 square feet. TRACT 14. TOM J. KELLY and PATSY H. KELLY TEMPORARY CONSTRUCTION EASEMENT That part of Lot 2 in Block 1 of Lakeview Estates Subdivision No. 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 2 of Lakeview Estates Subdivision Number 2; thence along the East line of said Lot 2, South 03'16'30" West, 56.03 feet to the point of beginning; thence continue along said East line of Lot 2, South 03°16'30" West, 10.92 feet; thence leaving said East line, South 6913542" West, 107.13 feet to a point on the West line of said Lot 2; thence along said West line, North 04°00'59" East, 10.98 feet to a point; Page 6 of 12 thence leaving said West line, North 69°3542" East, 106.97 feet to the Point of Beginning. Containing approximately 1,070.48 square feet. 41 That part of Lot 2 in Block 1 of Lakeview Estates Subdivision No. 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 2 of Lakeview Estates Subdivision Number 2; thence along the East line of said Lot 2, South 03016'30" East, 83.33 feet to the point of beginning; thence continue along said East line, South 03°16'30" West, 5.46 feet; thence leaving said East line, South 69035'42" West, 90.97 feet to a point; thence South 04°02'54" West, 8.77 feet; thence North 85057'06" West, 7.50 feet to a point; thence North 04°02'54" East, 10.86 feet to a point; thence North 69°3542" East, 99.13 feet to the Point of Beginning. Containing approximately 548.85 square feet. TRACT 15. ROY E. KINDER TEMPORARY CONSTRUCTION EASEMENT A part of Lot 3 in Block 2 in Lakeview Estates Subdivision Number 1, in the City and County of Cape Girardeau, Mssouri, described as follows: Begin at the Southeast corner of said Lot 3, Block 2 of Lakeview Estates Subdivision No. 1; thence along the South line of said Lot 3, South 76113'13" West, 109.50 feet to the Southwest corner of said Lot 3; thence with the West line of said Lot 3, North 14°35'32" West, 6.50 feet to a point; thence leaving said West line parallel to the South line of said Lot 3, North 76°3727" East, 109.50 feet to a point on the East line of said Lot 3; thence along said East line, South 14°36'59" East, 5.73 feet to the Point of Beginning. Containing approximately 669.84 square feet. TRACT 16. DAVID L. LITTLE and MARGARET LITTLE TEMPORARY CONSTRUCTION EASEMENT A part of Lot 5 in Block 2 in Lakeview Estates Subdivision No. 1 in the City and County of Cape Girardeau, Missouri, described as follows: Start at the Southeast comer of Lot 5, Block 2 in Lakeview Estates Subdivision No. 1; thence South 73°56'38" West, 41.00 feet to a point on the South line of said Lot 5; thence along the South line of said Lot 5, South 76022'20" West, 66.20 feet to the Southwest corner of said Lot 5; thence leaving said South line, North 14036'59" West, 5.29 feet to a point on the West line of said Lot 5; thence leaving said West line, North 7603727" East, 107.00 feet to a point on the East line of said Lot 5; thence along the East line of said Lot 5, South 18°15'03" East, 3.09 feet to the Point of Beginning. Containing approximately 506.05 square feet. TRACT 17. DAVID W. LOOP and DONNA F. LOOP PERMANENT SEWER EASEMENT Page 7 of 12 That part of Lot 8 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and l County of Cape Girardeau, Missouri, described as follows: V Commence at the Northwest corner of Lot 8 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the West line of said Lot 8, South 28027'19" West, 70.00 feet to the point of beginning; thence leaving said West line, South 61°03'28" East, 14.01 feet to a point; thence South 28156'32" West, 15.00 feet to a point; thence North 61°03'28" West, 13.89 feet to a point on the West line of said Lot 8; thence along said West line, North 28°27'19" East, 15.00 feet to the Point of Beginning. Containing approximately 209.26 square feet. TRACT 18. DAVID W. LOOP and DONNA F. LOOP TEMPORARY CONSTRUCTION EASEMENT That part of Lot 8 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northwest comer of Lot 8 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the West line of said Lot 8, South 28°27'19" West, 60.00 feet to the point of beginning; thence leaving said West line, South 61°03'28" East, 19.10 feet; thence South 28°56'32" West, 30.00 feet; thence North 61°03'28" West, 18.84 feet to a point on the West line of said Lot 8; thence North 28°27'19" East, 5.00 feet; thence leaving said West line, South 61003'28" East, 13.89 feet to a point; thence North 28°56'32" East, 15.00 feet; thence North 61003'28" West, 14.01 feet to a point on the West line of said Lot 8; thence along said West line, North 28°27'19" East, 10.00 feet to the Point of Beginning. Containing approximately 359.90 square feet. TRACT 19. DON HALE MENARD and KAREN K. MENARD, TRUSTEES OF THE MENARD REVOCABLE TRUST AGREEMENT DATED FEBRUARY 23,1999 PERMANENT SEWER EASEMENT The part of Lot 3 in Block 1 of Lakeview Estates Subdivision Number 5 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northwest comer of Lot 3 in Block 1 of Lakeview Estates Subdivision Number 5; thence along the West line of said Lot 3, South 01°3923" East, 127.56 feet to the point of beginning; thence leaving said West line, North 88025'35" East, 7.26 feet to a point; thence South 0113425" East, 100.43 feet to a point on the North right of way line of Lakeshore Drive; thence along said North right of way line along the arc of a non -tangent curve concave to the South having a radius of 195.20 feet, a distance of 7.12 feet to a point; thence leaving said right of way line, North 0103923" West, 100.75 feet to the Point of Beginning. Containing approximately 722.75 square feet. TRACT 20. DON HALE MENARD and KAREN K. MENARD, TRUSTEES OF THE MENARD REVOCABLE TRUST AGREEMENT DATED FEBRUARY 23,1999 TEMPORARY CONSTRUCTION EASEMENT Page 8 of 12 The part of Lot 3 in Block 1 of Lakeview Estates Subdivision Number 5 in the City and [ County of Cape Girardeau, Missouri, described as follows: Commence at the Northwest comer of said Lot 3; thence along the West line of said Lot 3, South 01°3923" East, 122.56 feet to the point of beginning; thence leaving said West line, North 88025'35" East, 12.77 feet to a point; thence South 0103425" East, 105.37 feet to a point on the North right of way line of Lakeshore Drive; thence along said North right of way line along the arc of a non -tangent curve concave to the South having a radius of 195.20 feet, a distance of 5.50 feet to a point; thence leaving said right of way line, North O1135'25" West, 100.43 feet to a point; thence South 88°2535" West, 7.26 feet to a point; thence North 01°3923" West, 5.00 feet to the Point of Beginning. Containing approximately 615.91 square feet. n TRACT 21. EMMA L. SPARKS OLSON TEMPORARY CONSTRUCTION EASEMENT A part of Lot 4 in Block 2 in Lakeview Estates Subdivision No. 1 in the City and County of Cape Girardeau, Missouri, described as follows: Begin at the Southeast corner of Lot 4 in Block 2 in Lakeview Estates Subdivision No. 1; thence along the South line of said Lot 4, South 76°22'20" West, 100.01 feet to the Southwest corner of said Lot 4; thence leaving said South line along the West line of said Lot 4, North 14°36'59" West, 5.73 feet to a point; thence leaving said West line, North 76°37'27" East, 100.02 feet to a point on the East line of said Lot 4; thence with said East he, South 14°36'59" East, 5.29 feet to the Point of Beginning. Containing approximately 551.24 square feet. TRACT 22. RAYMOND L. SANDERS and ANNE MARIE SANDERS, husband and wife, and as TRUSTEES OF THE RAYMOND L. AND ANNE M. SANDERS TRUST DATED JUNE 15,1998 TEMPORARY CONSTRUCTION EASEMENT A part of Lots 1 and 2 in Block 2 of Lakeview Estates Subdivision No. 1, in the City and County of Cape Girardeau, Missouri, described as follows: Start at the Southeast comer of Lot 2; thence along the South line of said Lot 2, South 76013'13" West, 23.49 feet to a point on the South line of said Lot 2; thence along the South line of Lot 2, North 85°5121" West, 235.63 feet to a point on an existing permanent Utility easement; thence North 00056'09" West, 4.75 feet; thence North 10°01'03" West, 2.87 feet to a point; thence South 85°14'11" East, 230.54 feet to a point; thence North 76137'27" East, 27.79 feet to a point on the East line of said Lot 2; thence along said East line of said Lot 2, South 14°35'32" East, 6.50 feet to the Point of Beginning. Containing approximately 1625.0 square feet. TRACT 23. MICHAEL S. STANFIELD PERMANENT SEWER EASEMENT Page 9 of 12 Commence at the Southeast corner of Lot 8; thence along the East line of said Lot 8, North 16017'45" West, 97.18 feet to the point of beginning; thence continue North �✓ 16017'45" West, 42.71 feet to a point on the South right of way line of Lakeshore Drive; thence laong said right of way line, South 63053'55" West, 10.21 feet to a point; thence leaving said right of way line, South 09016'16" East, 123.30 feet to a point; thence South 67043'37" West, 208.0 feet to a point; thence South 68°2426" West, 48.12 feet to a point on the South line of Lot 6; thence along the South line of Lots 6 and 7, North 73056'38" East, 143.78 feet to a point; thence leaving said South line, North 67°43'37" East, 125.04 feet to a point; thence North 09016'16" West, 9.80 feet to the Point of Beginning. Containing approximately 4655.05 square feet. TRACT 24. MICHAEL S. STANFIELD TEMPORARY CONSTRUCTION EASEMENT Commence at the Southeast comer of Lot 8; thence along the East line of said Lot 8, North 16017'45" West, 97.18 feet to a point; thence leaving said East line, South 09016'16" East, 95.80 feet to a point; thence South 67°43'37" West, 78.29 feet to a point on the East line of Lot 7; thence continue South 67043'37" West, 46.75 feet to a point on the South line of said Lot 7; thence along the South line of Lot 7, North 73056'38" East, 46.83 feet to a point being the Southwest corner of said Lot 8; thence along the South line of said Lot 8, North 66°36'06" East, 89.94 feet to the Point of Beginning. Containing approximately 1044.98 square feet. RX -M Commence at the Southeast corner of Lot 8; thence along the East line of said Lot 8, North 16017'45" West, 139.89 feet to a point on the South right of way line of Lakeshore Drive; thence along said right of way line, South 63°53'55" West, 10.21 feet to the point of beginning; thence leaving said right of way, South 09°16'16" East, 123.30 feet to a point; thence South 67°43'37" West, 208.05 feet to a point; thence South 6802426" West, 48.12 feet to a point on the South line of Lot 6; thence along said South line, South 73°56'38" West, 20.11 feet to the Southwest corner of said Lot 6; thence leaving said South line along the West line of Lot 6, North 18°15'03" West, 3.07 feet; thence leaving said West line, North 68024'26" East, 67.96 feet to a point; thence North 67143'37" East, 204.07 feet to a point; thence North 09016'16" West, 117.81 feet to a point on the South right of way line of Lakeshore Drive; thence North 63053'55" East, 5.22 feet to the Point of Beginning. Containing approximately 1953.37 square feet. TRACT 25. JOHN D. STRATTON and JANICE L. STRATTON PERMANENT SEWER EASEMENT That pan of Lot 6 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 6 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 6, South 28°27'19" West, 69.64 feet to the point of beginning; thence continue along said East line, South 28027'19" West, 16.08 feet to a point; thence leaving said East line, North 82041'48" West, 129.18 feet to a point on the Page 10 of 12 0 West line of said Lot 6; thence along said West line, North 15°51'07" East, 15.17 feet to a point; thence leaving said West line, South 82°41'48" East, 132.73 feet to the Point of Beginning. Containing approximately 1,964.33 square feet. TRACT 26. JOHN D. STRATTON and JANICE L. STRATTON TEMPORARY CONSTRUCTION EASEMENT That part of Lot 6 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 6 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 6, South 28127'19" West, 58.96 feet to the point of beginning; thence continue along said East line, South 28°27'19" West, 10.68 feet to a point; thence leaving said East line, North 82°41'48" West, 132.73 feet to a point on the West line of said Lot 6; thence along said West line, North 15°51'07" East, 10.95 feet to a point; thence leaving said West line, South 82119'37" East, 134.96 feet to the Point of Beginning. Containing approximately 1,392.89 square feet. ALSO: That part of Lot 6 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 6 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 6, South 28027'19" West, 85.72 feet to a point; thence continue along said East line, South 28027'19" West, 5.36 feet to a point; thence leaving said East line, North 82°41'48" West, 128.00 feet to a point on the West line of said Lot 6; thence along said West line, North 15051'07" East, 5.06 feet to a point; thence leaving said West line, South 82041'48'East, 129.18 feet to the Point of Beginning. Containing approximately 642.95 square feet. TRACT 27. JUDITH A. VOEPEL, TRUSTEE OF THE JUDITH A. VOEPEL REVOCABLE TRUST AGREEMENT DATED FEBRUARY 6,1997 PERMANENT SEWER EASEMENT That part of Lot 5 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 5 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 5, South 15151'07" West, 77.21 feet to the point of beginning; thence continue along said East line, South 15051'07" West, 15.17 feet to a point; thence leaving said East line, North 82041'48" West, 127.28 feet to a point; thence South 6903542" West, 2.43 feet to a point on the West line of said Lot 5; thence along said West line, North 05°42'20" East, 16.13 feet to a point; thence leaving said West line, South 82°41'48" East, 132.00 feet to the Point of Beginning. Containing approximately 1,962.17 square feet. Page 11 of 12 TRACT 28. JUDITH A. VOEPEL, TRUSTEE OF THE JUDITH A. VOEPEL REVOCABLE TRUST AGREEMENT DATED FEBRUARY 6,1997 TEMPORARY CONSTRUCTION EASEMENT That part of Lot 5 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 5 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 5, South 15051'07" West, 66.26 feet to the point of beginning; thence continue along said East line, South 15°51'07" West, 10.95 feet to a point; thence leaving said East line, North 82141'48" West, 132.00 feet to a point on the West line of said Lot 5; thence along said West line, North 05042'20" East, 11.71 feet to a point; thence leaving said West line, South 82°19'37" East, 134.10 feet to the Point of Beginning. Containing approximately 1,499.14 square feet. ALSO: That part of Lot 5 in Block 1 of Lakeview Estates Subdivision Number 2 in the City and County of Cape Girardeau, Missouri, described as follows: Commence at the Northeast corner of Lot 5 in Block 1 of Lakeview Estates Subdivision No. 2; thence along the East line of said Lot 5, South 15151'07" West, 92.38 feet to the point of beginning; thence continue along said East line, South 15051'07 " West, 5.06 feet to a point; thence leaving said East line, North 82°41'48" West, 125.29 feet to a point; thence South 69°3542" West, 3.65 feet to a point on the West line of said Lot 5; thence along said West line, North 05042'20" East, 5.57 feet to a point; thence leaving said West line, North 69°3542" East, 2.43 feet to a point; thence South 82°41'28" East, 127.28 feet to the Point of Beginning. Containing approximately 646.66 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 for the construction of this public drainage structure. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 2001. ATTEST: Gayle L. Conrad City Clerk A.M. Spradling, III Mayor Page 12 of 12 V 0- CITY OF CAPE GIRARDEAU, MISSOURI Office of the -City Manager Council Letter No. 259 Agenda October 1, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT. An Ordinance Authorizing the Conveyance of a Special Warranty Deed to St. Francis Hospital of Franciscan Sisters The final design plans for the construction of Silver Springs Road north of William Street through the St. Francis Hospital property altered the alignment of Silver Springs Road from that originally anticipated. Originally, a section of right-of-way for Silver Springs south of Independence was deeded to the City by Larry Haerding as a part of his development. Mr. Haerding's property was later purchased by the hospital. With the completion of Silver Springs Road, a portion of the prior right-of-way is no longer needed and the staff is recommending that it be deeded to St. Francis Hospital, which entity is the sole adjoining landowner. A plat showing the unused right-of-way and Alignment 2, which shows where the road has been constructed, is attached. The attached Ordinance would authorize the Mayor to sign the Special Warranty Deed conveying the unneeded right-of-way for Silver Springs Road from the City to St. Francis Hospital. This ordinance is on your agenda for your consideration for first reading. [Ully Submitted, A %43?� K nt M. Bratton 'ty Planner Michael G. Miller City Manager 10 < FSF�FS FFSFF}aFSFFSFSFaFSFSFSFSFF■FSFF�Fti Of co cr ■■■■■■■t:�1'!■1N oz. I ■■■■■A■■■rr��■■ monsoon 1a1 RAP NN■NIN 0 Li .1111■■.■►■.■.■. ' ■1■■101111111■11N . 1■■1N■N1N11■■NN■N M■■■■■■NIII ■■■■■■N I■■■■■III1■■■■■■N 11101111■11111■1111 ' �i1I1■■NIMIN■■■N■■[���I I■C ■■I VIII■■■■N I■1►■fill■■■■■■■■■1 • 11■■■■%■\1111■■■■N ■■1111■■%1■■11■■■N ■■■II ■II ■■■■1■N■■N ■1■111011111011■N ■NII/t1■1N■■■1■!�!! 1P■FJ,!■■■■■■■■■■■■1 1011011011111111 �I � ■1f�■■■1■■■111111 (�� ■�;�1■■■■11111111 I ► I IN W BILL NO. 2001-197 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TO ST. FRANCIS HOSPITAL OF FRANCISCAN SISTERS, FOR UNNEEDED RIGHT-OF-WAY FOR THE SILVER SPRINGS ROAD PROJECT, NORTH OF WILLIAM STREET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Special Warranty Deed to St. Francis Hospital of Franciscan Sisters, a Missouri pro forma decree not-for-profit corporation, for the unneeded right-of-way for the Silver Springs Road project, North of William Street, more particularly described as follows, to -wit: THAT PART OF OUTLOT 84 OF U.S.P. SURVEY 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST, CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at the Southwest corner of First Park West Professional Plaza, also being the Southwest corner of Lot 14 of said subdivision; thence South 840 47' East, 200.00 feet to the point of beginning, also being the Southeast corner of said Lot 14; thence along the arc of a non -tangent curve to the left having a radius of 480.00 feet, a distance of 106.06 feet; thence South 080 40' 48" East, 191.79 feet; thence South 050 13' West, 336.90 feet; thence along the arc of a curve to the left having a radius of 190.00 feet, a distance of 132.28 feet; thence North 840 54' West, 72.43 feet; thence along the arc of a curve to the right having a radius of 250.00 feet, a distance of 127.45 feet; thence North 050 13' East, 628.00 feet to the Point of Beginning and containing 35,387.5 square feet, more or less. ARTICLE 2. This ordinance will be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ATTEST: Gayle L. Conrad City Clerk 20 A. M. Spradling, III, Mayor CITY OF CAPE GIRARDEAU, MISSOURI M_ Office of the City Manager Council Letter No. 260 Agenda October 1, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau Dear Mayor and Council Members: SUBJECT: AMENDMENT TO ADVISORY BOARDS AND COMMISSIONS ORDINANCE RELATING TO TERM LIMITS AND. ATTENDANCE POLICY On April 3, 2000, the City Council adopted Ordinance No. 2701 which established general regulations governing the City's advisory boards and commissions. That ordinance was drafted by the Advisory Boards and Commissions Team established in February, 1999, by the City Manager. The Members of the Advisory Boards and Commissions Teams are as follows: Bruce Loy, Airport Manager Dan Muser, Parks & Recreation Director Gayle L. Conrad, City Clerk Kent Bratton, City Planner Brenda Schloss, Planning Services Becky Figliolo, Planning Services Tracey Glenn, Public Awareness Terry Clark -Bauer, CVB Director Tarryl Booker, Inspection Services Director Walter Denton, Assistant City Manager Bill Vaughn, Planning Services W. Eric Cunningham, City Attorney Due to the number of Advisory Boards and Commissions members who have lost their seats due to the attendance requirements, the City Council requested the Advisory Boards and Commissions Team to review that ordinance to see what improvements could be made. Attached hereto is a proposed ordinance which has been prepared by that Team. Sections 2-98(b) and 2-101(a) are the only sections in which any change is recommended. Those changes are as follows: 1. In Section 2-98(b), the phrase "no person shall be appointed" to the same board or commission for more than two (2) consecutive full terms, is being changed to "no person may serve" more than two (2) consecutive full terms on the same board or commission. This change is to make this section consistent with the term limit language for Council Members set out in the City Charter, and also to prevent any individual from being excluded for consideration on an advisory board because he had been appointed twice but was for some reason unable to serve his full term. 2. A sentence was added on the end of Section 2-98(b) clarifying that if a member loses his seat due to the attendance policy, or some other The Hon. Mayor & City Council Agenda October 1, 2001 Page 2 cause, and is subsequently reappointed by the Council to serve out the balance of his unexpired term, then that total period of service would count as one (1) term on the board for purposes of the term limitation as if no break in service had occurred. 3. A sentence was added at the end of Section 2-101(a) to clarify that the attendance requirement. does not apply to alternate members of an advisory board or commission. This clarification is due to the fact that by virtue of their status as an alternate, their attendance is not needed at every meeting of the board or commission. 4. The Team considered amending the attendance requirement set out in 2-101(a) to clarify that it only related to "regular" meetings of the board or commission. However, the Team decided against making any such change. The Team's reasoning for this recommendation is that even at special meetings of a board or commission, a quorum is still required to conduct any business. Further, many of a board or commission's functions can be carried on by a subcommittee. Meetings of a subcommittee are not subject to the attendance requirements set out in Section 2-101(a). City Staff will be directing their own advisory boards and commissions to use subcommittees as much as possible in the future to avoid some of the problems with the attendance requirements. The Team thought it best to try this solution for a year or so, and then to revisit the issue at that time if the problems persist. Accordingly, the proposed ordinance is on the Council Agenda tonight for a first reading consideration. Respectfully submitted, WZ�CunninqbamW COthe Advisory.•Boards s Team City Manager WEC/MGM/dgn Attachment ler BILL NO. 2001-198 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE RELATING TO CITY ADVISORY BOARDS AND COMMISSIONS TERM LIMITS AND ATTENDANCE POLICY BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 2-98(b) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Appointment of members; term limits", reading as follows: Sec. 2-98. Appointment of members; term limits. (b) Except for alternate members, no person shall be appointed to the same board or commission for more than two (2) consecutive full terms, beginning with terms that commenced on or after January 6, 1996. This term limitation shall not apply if the city council makes a finding that special expertise is required and there are no other qualified applicants. in its entirety, and a new Section 2-98(b) entitled "Appointment of members; term limits" is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 2-98. Appointment of members; term limits. (b) Except for alternate members, no person may serve more than two (2) consecutive full terms on the same board or commission, beginning with terms that commenced on or after January 6, 1996. This term limitation shall not apply if the city council makes a finding that special expertise is required and there are no other qualified applicants. If a member is reappointed to succeed himself to serve the balance of his or her unexpired term, the combined periods shall constitute service of a full term within the meaning of this subsection as if no break in / service had occurred. ARTICLE 2. Section 2-101(a) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Attendance of members of boards and commissions required", reading as follows: Sec. 2-101. Attendance of members of boards and commissions required. (a) If any board or commission member misses three (3) consecutive meetings of the board or commission, or four (4) meetings in any twelve (12) continuous months, their position on such board or commission shall automatically be deemed vacant and a replacement shall be named as provided. In computing attendance, no allowances shall be made for any excuses. in its entirety, and a Section 2-101(a) entitled "Attendance of members of boards and commissions required", is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 2-101. Attendance of members of boards and commissions required. r J V (a) If any board or commission member misses three (3) consecutive meetings of the board or commission, or four (4) meetings in any twelve (12) continuous months, their position on such board or commission shall automatically be deemed vacant and a replacement shall be named as provided. In computing attendance, no allowances shall be made for any excuses. This attendance requirement shall not apply to alternate members. ARTICLE 3. 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 4. 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 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF 20 ATTEST: Gayle L. Conrad, City Clerk n A. M. Spradling, III, Mayor [i] CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 261 Agenda October 1, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Request for Rezoning of part of Lot 35 Doctor's Park This agenda item calls for the holding of an advertised public hearing on the request of Mid America Hotels Corporation to rezone part of Lot 35 of Doctor's Park from C-3 Local Commercial District to C-2 General Commercial District. The Planning and Zoning Commission recommended approving this application at its meeting on September 12, 2001, by a vote of 9 in favor, and 0 in opposition, with 1 abstention. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance that would authorize the rezoning from C-1 to C-2. KBM/MGM/bds Respe tfully submitted, Kent M. Bratton of Planning Services BILL NO. 2001-199 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PART OF LOT 35 OF DOCTOR'S PARK, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-1 TO C-2 WHEREAS, the City Planning and Zoning Commission has recommended that all of the property described in Article 1 of this ordinance should be rezoned from C-1, Local Commercial District to C-2, General Commercial District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, October 1, 2001; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from C-1, Local Commercial District to C-2, General Commercial District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present C-1, Local Commercial District to C-2, General Commercial District, for the following described property: THAT PART OF LOT NO. 35 OF DOCTOR'S PARK, BEING A PART OF UNITED STATES PRIVATE SURVEY NO. 3090 AND OUTLOT NO. 85, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at a 1/2" iron rod on the Northeast corner of said Doctor's Park; thence North 830103119" West, with the North line of said Doctor's Park, 335.30 feet, to the place of beginning; thence continue North 83003119" West, 472.05 feet, to a point on the East right of way line of Interstate 55; thence with said East right of way line, South 11'1211811 East, 102.07 feet; thence South 20007100" East, 541.88 feet; thence leaving said east right of way line, North 66049125" East, 207.83 feet, to a point lying 3 feet from and normal to a point on the West line of a 32' private drive; thence parallel to and 3 feet from said west line, North 17°'20'19" West, 201.61 feet; thence along the arc of a curve being concave to the East, and having a radius of 334.30 feet, a distance of 141.68 feet (the chord across said arc bears North 05011149" West, 140.63 feet); thence along the arc of a curve to the right, having a radius of 157.00 feet, a distance of 215.87 feet, (the chord across said arc bears North 46020107" East, 199.27 feet), to the place of beginning and containing 3.54 acres, more or less, as shown on the accompanying plat. ARTICLE 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of C-2, General Commercial District, and that such changes authorized hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties. ARTICLE 3. This ordinance shall be in full force and effect ten days after its passage and approval. �j PASSED AND APPROVED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk M CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Rezoning Recommended Action: That the request of Mid America Hotels Corporation to rezone part of Lot 35 Doctor's Park from C-1, Local Commercial District, to C-2, General Commercial District, be recommended for approval. Vote Count: Favor — 9 Oppose — 0 Abstain —1 Date Recommendation Made: September 12, 2001 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Bob Hahn, Applicant; John Drury, Mid America Hotels Corporation Secretary 0 CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning ® OR Special Use Permit ❑ File No. /007 Address of Property ofr' �Qr k CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? Li/e s 2. Is plat sufficient? 113 3. Will intended use conform to requested zoning? 4. Has intended use already commenced? �b 5. Comments: -- t /e, IL't't' -71V 0 1 City Planner/Development Services Coordinator Date CITY ATTORNEY: 1. Is legal description sufficient? g P 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? N 4. Comments: 4Citytnt X6114 I/ Jy Date CITY MAN ER REFERRAL TO PLANNING AND ZONING COMMISSION: 7-3-61 Manager, Mic eller ate PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4121/1998 City of Cape Girardeau, Missouri Application For Rezoning - D OR Special Use Permit - ❑ Date Received in Planning Services Office: (o - a (D - o i By: U SECTION A 1. Description of the project: A proposed two (2) use development including a hotel and office. The hotel is a Holiday Inn Express 2. Street address of tract (or other location description): Lot 35 Doctors Park 3. Names and addresses of all legal owners of tract: Daniel M. Drury Midamerica Hotels Corporation P 0 Box 1570, 105 S. Mt. Auburn Rd Cape Girardeau, MO 63702 -i -i570 4. Present zoning classification: C-1 5. Requested new zoning classification: C-2 6. Requested special use: N/A 7. Person handling this application (name, address, phone number): Bob Hahn Midamerica Hotels Corporation P 0 Box 1570, 105 S. Mt Auburn Rd Cape Girardeau, MO 63702-1570 33# -OSN(a (oIA7) 8. If tract is to be transferred, name and address of intended owner: N/A Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): Name Date Name Date C-=vor Daniel M.Drur �Pres=dent� SECTION B l . Legal description of tract: Please attach a copy of the latest deed to the property. THAT PART OF LOT NO. 35 OF DOCTOR'S PARK, BEING A PART OF UNITED STATES PRIVATE SURVEY NO. 3090 AND OUTLOT NO. 85, UNITED STATES PRIVATE SURVEY NO. 2199, TOWNSHIP 30 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI, DESCRIBED AS FOLLOWS: Commence at a 1/2" iron rod on the Northeast corner of said Doctor's Park; thence North 83'03'19" West, with the North line of said Doctor's Park, 335.30 feet, to the place of beginning; thence continue North 83'03'19" West, 472.05 feet, to a point on the East right of way line of Interstate 55; thence with said East right of way line, South 11'12'18" East, 102.07 feet; thence South 20'07'00" East, 541.88 feet; thence leaving said east right of way line, North 66'4925" East, 207.83 feet, to a point lying 3 feet from and normal to a point on the West line of a 32' private drive; thence parallel to and 3 feet from said west line, North 17'20'19" West, 201.61 feet; thence along the arc of a curve being concave to the East, and having a radius of 334.30 feet, a distance of 141.68 feet (the chord across said arc bears North 05'11'49" West, 140.63 feet); thence along the arc of a curve to the right, having a radius of 157.00 feet, a distance of 215.87 feet, (the chord across said arc bears North 46'20'07" East, 199.27 feet), to the place of beginning and containing 3.54 acres, more or less, as shown on the accompanying plat. Page 3 n 2. Attach to this application a scale plat of the tract, on an 8%s by I I inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. C. All present improvements. d. All intended improvements. e. All adjoining and cornering property lines and references to all owners listed in Section C. f. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. Cracker Barrel Old Country Stores Hartman Drive P 0 Box 787 Lebanon, TN 37088-0787 James L. Drury 2128 Woodhollow Court Cape Girardeau, MO 63701 Wanda L. Drury 467 N. Farrar Drive Cape Girardeau, MO 63701 St. Francis Hospital of Franciscan Sisters 414 Doctors Park Cape Girardeau, MO 63703 Cape Girardeau Doctors Park 435 Doctors Park Cape Girardeau, MO 63701 K.M.K.H. Associates 410 Doctors Park Cape Girardeau, MO 63703 E Page 4 2. With this application, the application must deliver to the Planning Services Division a stamped, plain business envelope addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. An eighty (80) room Holiday Inn Express similiar to Midamerica's Holiday Inn Express at Paducah, KY, and an office:buildipg/doctor's office. 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. N/A l V 3. Is a transfer of ownership of the tract dependent upon the approval of this application? N/A 4. Has there been a prior application for a rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. N/A r n SECTION E W Page 5 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficial to the neighborhood and the City. The hotel will offer another quality hotel property at a medianlprice range to Visitors and business travelers to the City, and for patients and their families at Doctors Park. The land is currently an old lake/lagoon bed. The improvements will convert this low tax basis property into tax generating property benefiting the Public Schools, the City and add tax revenue to the Convention.—Add Visitor's Bureau. Raised 10/3/i00 of �j r) 0 i (Xow I W Z D N �aOU O L. z .J O W • wo Z o I Q a N C I O Z 3 a i $ z s o M I ' Z o � � U) LU ti A �'� , cv z � • M i in _® V W Pad , p Y rc n y O I IGJ1 3G]p _ .. ee�j 1pp� 7 O nOWN g�� 17 S� TSe 2'."t Y a i21f SV i ,•� r 1. .M�'i��f 000 • i6 i F— N (D cm E C_ (0 C C O p� O C_ (u p) P O (}0 Q- E E O C O N U O N Ca.N d N N N a O V 5 +i g THE SOUTH LINE OF A MISSOURI STATE ROUTE "K' 1 $ $ 8407' W 00' x 45a W / pv, ACCESS, �, E 24724• N 84'00'07' E 150.44 9G7•+, �- DRURY INNS IANC g AIN EASEMENT,T _ — 4 � 3% I � PACE �N.2Y �'• jy Saar Si i !n '� i n n >>tA1 I o � �s n S G ►�1 j�SO �RpR0E�69A 1 / H iV/ z t / �p EN CPSE E 653 % Y LI 1 ^Y qZ ( 36 Pp 313'43'56' W;� gp0 5174' r- A- N 20'52.39' E 40.95' N 05'41'39' E 38.16- N 0121.50' E A - 00'52'1r R - 1567.02' T - 11.92' 23.63 .. 30• bz � f• W I EASEMENT TO THE MISSOURI LOT 1 79,566 % $� HIGHWAY k TRANSPORTATION 1.827 1& 3 ' o COMMISSION Acres BOOK 412, PAGES 689 - 697, FOR EXCAVATION, DRAINAGE, ETC. l - j N I I N 78'47.41' E 11 00 n j o 1 1 41.84' ' Q S4733 �1 1 to N 84'78'44' 47.6P �I0 79.56 ' .W 274.31' Y/ry � — _ _ INGRESS / EGR ;z t _ _ _ ESS ESMT .ee 1 24.00' 294.-F6'— BOOK PACE 40.00' CENTER NO. 1 I CURVE I RADIUS LENGTH CHORD BEARINGDELTA II 1 C1 37.09 28.86 28.14 S 43'42'08 E 44'34 58 1 ' 1 WIDTH VARIES 3r I i 3 i 1' EXISTING 20' SANITARY 1 i SEWER EASEMENT TO 10' SANITARY SEWER ESMT., RECOROED IN nF ' o)/o) 1 THE CITY OF CAPE, i m BOOK 370, PAGE 214-216 , ' u1 A i O :f-- LOT 2 121,135 j 1 2.781 Acres Z 1 t > t0 W � i 1 7'•Z Z 46.78' ww 0 Z �Q-u FrZ 0a :X In wln z�V) z - N LJ QOO, F- V1 Q Z O W a m< 'Z W m W 0 U' bz W I tr ZO:� ,0 o �s OJNI� 0:hz- I `r Q �1 1 to y �I0 z0`no A O ;z POINT OF BEGINNING; THE MOST WESTERLY CORNER OF PARK I EXISTING 10' SAN EASEMENT I7 ITA Y SEWER 1 WEST HOSPITALITY BOOK PACE 40.00' CENTER NO. 1 1 214 /-�—�_ �- II 1 3r 3 i �1K 10' SANITARY SEWER ESMT., RECOROED IN nF ' o)/o) /BOOK 370, AT PACES ern , 2r I 1�1 v 1 \1QS, j S84-4' j00- ----_-- RN 84- EVISE iE S 06'3A'l4• .. �kI UUKUtAUTERI w A DR. Cy W Z 1 ` o ASPENROgn JUUE DR. 3 z °° 'Q SPRUCE�f- U a ST CGcFa MIMOSA Mho '� SHENANDOAH o T}iEMISDR. ST 1 \ CT 1 RIDGE z KIMgERLy ST. u► o � I OR. 0 WHITENER ST. Q i Q :x SUSAN LYNN DR. INDEPENDENCE EXCHANGE DR. ` PROFESSIONAL o p j CT.sa Z5 1 m PERCY m DR. ASNERRt Dt o 1 L9y9 tic%f WE `? CAMEO DR. Ia� CORpONMLLE ' CAMP-.')1 S4gJEciWILL/ `, DR. oR• PR a rEal y qM amu, OR. F m fi \ _ sl �UtNCE LX O OR W d ROAD cP� .ER L o w � 0 LN o n. No, 74 Tlb(MAR w CARDINAL ut Q�s PIONEER DR. 5� 50 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 262 Agenda October 1, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for a Special Use Permit for the Extension of the Armor Mini Storage Complex at 1678 Kingsway Dear Mayor and Council Members: This agenda item calls for the holding of an advertised public hearing on the request of George and Patricia Bockhorst for a Special Use Permit for the extension of the Armor Mini Storage complex at 1678 Kingsway Drive. The property is currently zoned C-2. Certified copies of the following items are herewith presented as evidence in thispublic hearing for your consideration: 1. Section 30-39 "Special Use Regulations" from the City Code. 2. The Application for Special Use Permit. 3. The Application File. These items are attached to this letter and are included in your agenda packet. The Planning and Zoning Commission recommended approving this application at its meeting on September 12, 2001, by a vote of 10 in favor and none in opposition. There were no citizens present in opposition to this request. It is recommended that the City Council hold the advertised public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Permit. Resp tfully submitted, Kent M. Bratton Dir ctor of Planning Services n, KMB/MGM/bds S. ". Special w reguladems. W Subject to the provlsian dthis section, the (19) The extraction of sand, Crawl, and other Excludmc city couato may by ordinance on its own motion brant a special "an Permit for raw mater" requiring the removal of an deposit, a. No Vocial we permit shall be required or on application the special uses enumerated in thin section In any overburden she the provided, bowover, any bulk steeage urad.ded son. under this section tar any person,g se. PaN K firm wn uc �ch u- districts as herein gmsww hem which the uses tecid or evni aeden and .7 preessr. or of awn ped which ars sn otherwise praNbited by thin chapter. The city seadJeery K cpm fear d m n ur ed K cid m the ps an t men council don Impose apprapriste conditions and new cut n hundred (600) anis sha8 b si Past when vach done supper- support rpal . safeguards for the issuance d the special use Get hum W residential etruciure, sheet, l e principal opening t that d the prtnelpal operation d that busi- permit, which may include a eppedfied Period Of or place. won. time for the permit, a limitation of the persons carry out such use, and limitetioos upon (20) Parking lots on land in 'W districts within b. No use will 6e special Permit requiredr who may or requirements for the aim or design dbuildings three hundred (300) feet from the boundary d any 'C or 'M' district, provided the ender the provisions conducted dsection for �iug activity by nm- and other improvements upon the property, all for the comprehensive plan following standards are met: Profit for periods not ex- rio the purpose of protecting and protecting Property and Prop- a. Ingress and egress to such lot shall be g thirty deeding thirty (90) days la spry calen- and conserving arty values in the neighborhood. from •street directly serving the corn. alar year. (M Applications for nee Permits shale menial, business lvindustrial pain r b. No business involving the repair or c. A special use permit shall not be in the a ma d made and processed In the name mamer ss in section 30.6 relating to applications service d vehicles, or sale, or display agencyd under this section for any agency any eats, county other provided for district changes. thereof shall be conducted from or upon v soca) government unit engaging la g The city council shall determine whether such perking areas. recycling activity tory internal op- (1) arch building or use wfi: shall ft erected ep re- C. No structuresmy main on any Portion dthe lot except u and not for Pure osespub c for resale a the public ter profit a. Suhatentisny increase traffic hoz- - provided for under item g. hereof prop (29) Residential or outpatient facilities s for the ards or congestion. d. the park- signs shall be emetedapproved treatment ee alcohol niter drug abuse dr b. Substantially increase fire hazards. d ing area except se approved b7 the city in exceeding twenty (20) persons In n c. Adversely affect the character of the council. 'R4' districts, or for more than twenty neighborhood; w in spe- 'G for dwelling to a. Parting areas shall be used for park- (20)la i it uietsrmth the propersons that no use t shalt pro Pates m special cial who required, be adversely log patrons, private passenger vehi- des only, and m charge shall be made be issued for such a facility unless the affected by the character d the for parking within such premises. applicant for such permit provides avi- donee that he ban provided written noti- neighberhod E The Parking shall be set back in eon- fres-tion of the proposed placement of the d. Advenwcy affect the general welfare of tormity with the established or re- facility to the owner or owwes d property the community quired yards for residential uses and located within one hundred eighty-five e. Overtax public utilities. where a puking area adjoins a dwell- (186) fest of the boundaries of the Peop- f Be in conflict with the comprehensive ing use, It shall haw a minimum side yard often (10) fest arty an which the treatment facility is to be looted. Furtherppear , the exterior a- city plan g. The parking area shall be suitably ante d the treatment facility shat res- (2) if the council's finding is negative u to all screened or fenced. paved and drained, amably canteen to the exterior appear- the subjects referred to in this subsection lighted and maintained fres d dams. a me Botha in the and d- fvmativa ss to my subject, then such per- fir the application to m may be hen such (21) Any *C" district use In unit,' dutrxt a treatment facility shall not be located closer than three hundred seventy (370) mit shall be denied. (22) All uses for which special use permits are feet to any other subatame abuse faclity (c) Any special use shall otherwise• required by other sections of them rwda- (30) Single or double-wide, manufactured home proposed comply with all the regulations ad forth in this W) Buildings in excess dthe height ad story or manu[acturd business wits for afire purposes only In 9d•Y heavy industrial chapter for the district in which such use is located, except that the city council may permit requirements sat forth in section 30-M for hospitals and institutions to exceed the height '&4'ad'G2'didxiiEs,Povlddddeyards increased in width one (1) fad for each (31) Family dais care home for the an d limitations of such district are foot dheightthat the building Koedsthe sacra than ala (6) children but not mon than ton (10) children In a residential (d) Special once. height regulaHmsdthedistrict inwhich it zone. (1) Public or private lending field, landing Is bated up to a height dseven`ty4re (76) fed and ewresftw w Increase In side (32) Excursion gambling boat or floating gam- strip, beHouptu lending pad, heliport or yards shall be regrired fur any height In Ming facility In any 'C' or 'M' district, or other'..Ai, area for allforms d aircraft; am== dseenty-A" (76) haft combination thereof, with the following auto raw track and drag strip. Any "C' district see In •more restrictive provisions: provisions: (2) Amusement Park but red within three) 'C' district. Accessory cadirectly connected, w d hundred (300) feetany "W district associated ex linked with the a- ($) Any general Public btrildingereetedorused Senior (26) Senciticen housing under the following tion d an axnrreion gamblingg boat by any department of the city err county government, or a school district Also, of- conditions: a. Allowed only in 't,•9.' 'R-4' and 'C or floating facility shall be included with, and made a part of, any special ficce, wua600sek and other support build- cares; use permit issued therefor and shall Inge for local units of Cowmmmt and b. Only senior citizens, handicapped or also be within a'C or'W district, subi4M agencies, ualsse otherwise Io- disabled individuals would be permit- or combination thereof. cited within a zoning district which would ted In rent, purchase or inhabit units b. Ameseory mss associated with an allow a commercial or institutional fsgility allowed under this &qAw ezcusion gambling boat or !bating of the woe nature an a use-by-right. c. A permanent sign. PtemhMtly die- facility shall Include the folbwior (4) Cametery, drwatorfum or mausoleum. played, most be placed an the building 1. Boat support facilities. (6) Church or other place of worship. or Sum- _ cloudy lahellnL the strudvre m senior 2. Docking or mooring facilities. day school, In'R•1,''R-2; or'R-3' residm- citizen housing, and also having then- 3. Employee support facilities. tial districts. upon the ordinance number establish • ing the structure as senimcg m hoes- 4• Ground (6) threes or arrival grennde, but not within clean.transportationfatilr- three hundred (900) teat dagy'R' district. IK 6. Passenger ticketing and recap- (7) Commercial, recreational, or amusement (26) Reserved. tion Lellit)K. development for tmponry or seasonal P" (27) The manufacture of commercial cooking 6. Parting facilities. riods. and entering eimpment in 'Or districts. 7. Security facilities. (8) (fleerr"Id.) f28) Recycling in '62; I",' 'M-P or 'M-2' 8. Signs, including those attached (9) Institution, college, or hospital provided districts, including salvage, processing and of paper and paper products; alu- to a building or other structure, that any hospital or institution permitted storage minum acs and other metal containers; a boat or floating fiAitx or otherwise placed an the pram in my *W district shall be located on a site cloth, clothing and rags; plastics and rub- gar constitutingboor of not less than five (6) acres, shall not ber products; lumber or wood products; and �tingaion �m t�nL acil occupy mon than forty (40) percent d the glass. Provided. however, that all Process- it], total lot area, and shall be set back from all yard lines at least two (2) fact for each foot in& treatment ahandling d the above- d described materials. other than tiding and c. Off-stred puking. Off-streed puk- of building height. unloading from trmsport vehicles, shall be ing and loading facilities shall be (10) Marina or dock. inside of a building and all storage of such materials shall be either imide of a build- provided an specified in section 3099 of this chapter, except that the R- (11) Nursing lame in ill' districts.s. ing or in dosed transport trailers, in such a quiremmt for off-street parking for (12) Office building of a civic, religious or cher- manner K not to create a nuisance by an excursion gambling bat or Sat- ing facility and its accessory ata iable organization, conducting activities primarily by mail and not handling mer- virtue of edgy vermin, misdon. or die- d uwe& ptoddd further fist any Proems- shall be one and me-half(1Y0epaom chadise or rendering services on the Prem- ises. but only within the OR 4' district fog of inch matelot shall not create a nuisance or health hazard. by virtue of for every two (2) passengers, based on maximum occupancy, plus one (1) (13) Privately operated community building or notes, dor, emission4 discharge or apace Per employee ask the maximum shift In addition, full-size bus park- recreation field. (14) Public utilities. byproducts. Loading and adoding d materials from quiing spaces shall n Provided u n- galrd the and reninB (16) Riding sable. transport vddclas shall be completed and the transport vehicles remail from the commission and city eonncil. si d city (16) Radio or telavidan broadcasting tower or prmYse cow i twanty�foar (t4) hors d d. Site development plan. In applying statim the receipt at a transport vehicle an the for a spacial use permit under this (17) Residential uses an provided for 1n sa>fbos ptemiw. section, the developer(s) shall mb- erunit a formal site plan for review, ta s6 (C-1 Districts) and rose ((K-1 Dls• ncessar• which includes, but in act w ). (16) Travel trailer mp, in the -C.V -C-C' sal a ily limited a the foilowIng: 'W 41st ids. No travel bral{rr mq bs u d 1. Maps and other graphics indi- eating the boundaries of the far say Residential o slfber tran- dontly K permanently males baud in a development and all properties trailer amp or mebas hems park. to be included. Ydiating whether such proper" are owned, lensed, optioned, or pro- aspaced posedfor such. 2. The locations and general sires *fall buildings, structures, park- ing lots and other facilities core - prising the development, in lud. (og data on sire, facilities, and OcaWancy limits efthe plwd excursion gambling boat er $set- ing facility, mod acco moy toes. 3. Evidence that the development ca tains sufficieat land to poo- vide for any neteassry or pre- posed roposed land -side development and support facilities, includ. ing parking, and the develop- ment includes sufficient river frontage to accommodate loca- tion and operation of the planned excursion gambling boat or floating facility. 4. An impact analysis including, but not limited to, expected ac- cess routes, traffic volumes, peak hours of operation, needed road or street improvements and tmf- fie controls necessary to accom- modate the proposed cess and traffic volumes, and place for onsite security and disaster re- spoa e e. All budding. and permanently moored structures shall comply with applicable standards of the city's building codes. Further, no ocu- Paa-7 Permit for say accessory use set forth to this section shall be Issued prior to the issuance of oceu- pancy Permits far all mew land-based permanent structures proposed as a part of the development. 7ha city council may however, at its discre- tion approve a temporary occupancy permit for any accessory use for a period dace (1) year if the required land-based structures are not com- pleted. (33) Mini -warehouse or self -storage units in 'fir or'C-r districts. (34) Parking garages: For enclosed or semi - enclosed Pang garages only. parking space dimensions lees than the minimum size required in this ordinance may be approved under a special use permit. A buildinp*rking plan and documentary justification for a requested variation from the miuimum standards most be submit- ted with any application hereunder. (35) Assembly and manufacture from pro - fabricated parts of electronic and similar products in C-2 districts. (36) Single or double -wide, manufacbmed home er manufactured business units for tem- porary allies purposes only during con- struction or remodeling of a main build- ing in 9d-1' Ilght industrial Districts. Any special use permit. if approved, will become effective Only upon the iuuamee of a building permit for a main building. All such temporary office units shall be re- moved upon occupancy of to completed construction or completion or abandon- ment dthe constructionwork. whichever occurs firat (a7) Double wide manufactured homes (ma- bile mobile homes) in I& ,"R -$"E-3,' or '&4* districts, with the IsMawiog provisions: a. The manufactured home shag be in compliance with Federal Mamdac- tured Home COmstuction and Safety Standard., adopted June 15, 1976, as amended, and Mbssouri Public Service COmmi.don rules. b. The unit wham complete shall have a minimum width of not less than twen- ty-fouc (24) foundation feet as mea- sured at all points perpendicular to the length *fthe manufactured home. which shall rad be less than forty- two (42) foundation feet. This stan- dard is intended to restrict units to the type which are brought to the site in part., typically two (2) helves and at least me thousand eight (1,009) square feet minimum. C. All wheel.. springs. axles. lights. and towing apparatus abaft be removed. d. The unit must be permanently in- stalled on a properly designed, an - closed foundation system bas aaor- damca with the BOCA National Building Code. e. Orientation of the manufactured basing telt on the lot shall conform to the .come orientation as the Ma- jority of oomventiamdly built struc- tures in the Immediate ares (within three hundred (300) fest). Example_ Front door to front lot line, sear door to rear lad line. r. Roof must be a gable or hip roof of at lout three (3) in twelve (12) pitch or greater and covered with material that is residential in appearance. (odudin& but sat limited to ap proved wood, asphalt composition er fiberifiasa shingles. but eerhdung mr- rugatd aluminw4 corrugated fiber- glass, or asen" roofs: ei I for per- mitted deck areas, all roof structures shall provide an es" projection *fno less than six (6) inc as and no greeter than thirty (30) inches. g. Exterior siding or covering shall be of a type, quality and appearance customarily used on conventionally built homes. h. 7ha lot shall be provided with a hard surface (not earthen in nature) drive- way not less than nine (9) feet wide with side -yard parking sufficient for the placement of at least two (2) vehicles. i. A minimum of eighteen (18) inches *fcrawl space under the satire man- ufactured home shall be maintained. j. Permanent steps shall be set at all external exits with appropriate hand. rails and/or guard rails. k. The unit shall be served by a water supply and sewage disposal system in accordance with the International Plumbing Code, as currently adapted by the city. 1. The unit shall be served by an elm- trical service in accordance with the National Electrical Code, as cur- rently urrently adopted by the city. m. Any such structure an installed shall nonfarm to all applicable zoning and subdivision ordinances and any other pertinent ordinance in effect at the time of installation or construction, including setback requirements. (38) Halfway houses far the rehabilitation of adult persons who are prisoners or former prisoners, may only be located in C-1, C-2, C-3, M-1, M-2, and A-1 zones, and, if approved, are subject to the following additional conditions: a. One (1) parking space for every four (4) residents, including staff real - dents. b. lie proposed facility shall provide appropriate and reasonable security. c. The fial(ty shall he" no exterior evidence of such use and no sign advertising such use. d. At the time of original approval, if the proposed facility Is to be located within five hundred (600) feet of another such facility, public. Forte or parochial school, group home for adults or juveniles, nursin& rest or convaieeeent !home (center), children's nursery er boarding home, day care center, residential sone, esixtng res- idential me, or facility for the men- tally or physically handicapped. the city council may require such addi- tional tonditione on the special use permit as it feels are necessary to minimise the effect of the proposed tme an the surrounding properties. e. The applicant shall demonstrate that there shall be nos negative uoPact on property within five hundred (500) feet of the proposed facility. (39) Minrobrewery or pub brewery in a 'C3', T41% or 'M-1 district. (e) Community unit plan. 71a owner Of any tract of land may request a special use permit for the use and development of such tract for residen- tial or f residential in combination with shop- ping center uses as set forth in section 30-31. The development plan shall be referred W the plan. ning and zoning commission for study and report. Approval shall be conditioned upon specific find- ings that the proposed community unit plan meets the following conditions: (1) That the proposed development of my 'C4' planned commercial district in- cluded as a put ofthe plan complies with the regulations for these districts as she forth in section 80-31. (2) that the buildings, other than these to cated within a '64' district, located in the area shall he used only for one-famfiy dweUmM two-family dwellings, or multi- ple dwellings and the usual aoosssery uses such as private or parking garages, m orage apace and for eemmumity ac" - ties, including thtnrkss and schools. (3) That the average lot ares Par family a m- talned in the site, efeluslve of the area eampied by a TW district or by stns- , win not be has them the Id ase per famfiy etp 1 in the district in which the development Is located. (4) That the serve is adaptable to complete eommudty development. being bounded by major thoroughfares, atreeh, red - roads, or other external barriers, and in. safar as possible wlthgal a ant* thea e qty&- etdeding (dough the pat. or any other physical fiatue which would tend to Impair the neighborhood or com- munity, cohesiveness. (5) lUt na Mase than twenty-five (25) per- cent of the gross area of the project be devoted to a 'C4' district and that no more than fifty (50) percent of the gross area of the project located in a aingle- family district be devoted to multiple - family dwellings. (6) That sufficient area is reserved for recre- ational and educational facilities to meet the needs of the anticipated population, or as designated in the comprehensive plan. (7) net property adjacent to the area in- cluded in the plan will act be adversely affected and to this and, the city council may require, in the absence of any appm priate physical barrier, that uses of least intensity or a buffer of open space or screening be arranged along the borders of the project. (8) That the pian is consistent with the intent and purposes of this chapter to promote public health, safety, monis, and general welfare. (f) lithe city council approves the plane, build- ing permits and certificates ofoccupancy may be issued, even though the use of the land and the location and height of buildings to be erected in the area and the yards and open space contem- plated by the plan do not conform in all respects to the district regulations ofthe district in which it is located. (g) An application for a special use permit under this section may be made and processed contemporaneously with a proposed amendment of the district in which such site Use. (h) A special we permit shall antomatinlly expire upon the failure to develop the use of the land far which the special use permit has been issued if the use is not developed within twelve (12) months alter the permft has been issued. G) In the event the use of the land for which the spacial use permit has been issued los down - tinued for a period done (1) lest. than the special use permit shall automatically expire. (Code 1967. f 86.38; Ord. No. 660, 12. 2.1.89; Ord. No. 764, 1 1, 9-18419; Ord. No. 793, Art. I, 12-1849; Ord. No. 845, irts. 4, 6, 4.16-90; Ord. No. 962, art. 3, 1.16-91; Ord. No. 1085, art. 1, 9-16-91; Ord. No. 1237, art. 2, 9-2142; Ord. No. 1459, art 2, 12.2093; Ord. No. 1529, arts, 2. 3, 5-16-94; Ord. No. 1651, arta. 5, 6, 6.2094; Ord. No. 1730, art 2,6-19-95; Ord No. 1779, arts. 6, 6, 9-18-95; Ord. No. 1904, art 1, 2.20-96; Ord. No. 2080, art 1, 11-18-96; Ord. No. 2198, arts. 7, 8. 7.21-97; Ord. No. 2262, art 2, 102097; Ord. No. 2259, art 1, 1020-97; Ord. No. 2487, art 2. 2-16-99) Y V W W CITY OF CAPE GIRARDEAU, MISSOURI CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of, the Cape Girardeau City Council considered the application for Special Use Permit dated 8/20/2001 filed by George E. Bockhorst, Jr., Patricia A. Bockhorst, and Tim Bockhorst for the property located at 1678 Kingsway Drive in Cape Girardeau, Missouri for the purpose of constructing, maintaining and operating an extension of the existing Armor Mini Storage complex. In examining this application, the following factors were considered and found as noted: Yes No N/A City Council Findings: The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion 2. Substantially increase fire hazards 3. Adversely affect the character of the neighborhood; or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community 5. Overtax public utilities. 6. Be in conflict with the comprehensive city plan The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved X Denied Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk BILL NO. 2001-200 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GEORGE E. BOCKHORST, JR., PATRICIA A. BOCKHORST, AND TIM BOCKHORST, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN EXTENSION OF THE EXISTING ARMOR MINI STORAGE COMPLEX AT 1678 KINGSWAY DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, George E. Bockhorst, Jr., Patricia A. Bockhorst, and Tim Bockhorst are the owners of certain property in the City of Cape Girardeau, on which they desire to construct, maintain and operate an extension of the existing Armor Mini Storage complex; and WHEREAS, the proposed location of said storage complex is 1678 Kingsway Drive, which property is presently zoned C-2, General Commercial District; and WHEREAS, a Special Use Permit is required for said use in an C-2 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2. A Special Use Permit for purposes of constructing, maintaining and operating an extension of the existing Armor Mini Storage complex, on the following described property: George E. And. Patricia A. Bockhorst, husband and wife, owners in fee of Lot 29 of Cedar Ridge Subdivision, a subdivision on file in the Land Records of Cape Girardeau County in Plat Book 15, at Page 37, in the City and County of Cape Girardeau, State of Missouri, more particularly described as follows: Begin at the Northwest corner of said Cedar Ridge Subdivision; thence with the north line of said subdivision, North 88006100" East, 45.43 feet; thence North 88056146" East, 375.15 feet, to a 4" x 4" concrete monument; thence South 1000141" West,223.43 feet; thence South 6019104" East, 120.42 feet; thence South 1033114" East, 210.00 feet, to a point on the north right of way line of Kingsway Drive; thence with said right of way line, South 88026146" West, 46.09 feet; thence along the arc of a curve to the right having a radius of 226.88 feet, a distance of 170.64 feet; thence North 48027139" West, 211.40 feet; thence North 530 18109" West, 71.20 feet; thence North 55052100" West, 43.40 feet, to the southwest corner of said Cedar Ridge Subdivision, said point being also on the east right of way line of said Kingsway Drive; thence with said east right of way line along the arc of a non -tangent curve, concave to the west, having a radius of 558.34 feet, a distance of 285.49 feet ( the chord of said arc bears North 03044133" East 282.39 feet), to the point of beginning and containing 4.44 acres, or 193,564 square feet, more or less, hereby declare that we have caused said land to be subdivided into lots as shown and designated hereon, and V we have named said subdivision "CEDAR RIDGE 2ND SUBDIVISION". is hereby granted to George E. Bockhorst, Jr., Patricia A. Bockhorst, and Tim Bockhorst, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau, Missouri, and any special conditions contained in the Special Use Permit, a copy of which is attached hereto as Exhibit "A", and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri. ARTICLE 3. Attached hereto as Exhibit "B" and incorporated herein by reference is the formal Findings and Conclusions of the City Council. ARTICLE 4. This ordinance shall be in full force and effect ten days after its passage and approval. r) PASSED AND APPROVED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk SPECIAL USE PERMIT George E. Bockhorst, Jr., Patricia A. Bockhorst, and Tim Bockhorst, 1678 Kingsway Drive, Cape Girardeau, MO 63701, are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating an extension of the existing Armor Mini Storage complex, on the following described property for an, indefinite period of time: George E. and Patricia A. Bockhorst, husband and wife, owners in fee of Lot 29 of Cedar Ridge Subdivision, a subdivision on file in the Land Records of Cape Girardeau County in Plat Book 15, at Page 37, in the City and County of Cape Girardeau, State of Missouri, more particularly described as follows: Begin at the Northwest corner of said Cedar Ridge Subdivision; thence with the north line of said subdivision, North 88006100" East, 45.43 feet; thence North 88056146" East, 375.15 feet, to a 4" x 4" concrete monument; thence South 1000141" West,223.43 feet; thence South 6019104" East, 120.42 feet; thence South 1033114" East, 210.00 feet, to a point on the north right of way line of Kingsway Drive; thence with said right of way line, South 88026146" West, 46.09 feet; thence along the arc of a curve to the right having a radius of 226.88 feet, a distance of 170.64 feet; thence North 48027139" West, 211.40 feet; thence North 530 18109" West, 71.20 feet; thence North 55052100" West, 43.40 feet, to the southwest corner of said Cedar Ridge Subdivision, said point being also on the east right of way line of said Kingsway Drive; thence with said east right of way line along the arc of a non -tangent curve, concave to the west, having a radius of 558.34 feet, a distance of 285.49 feet ( the chord of said arc bears North 03044133" East 282.39 feet), to the point of beginning and containing 4.44 acres, or 193,564 square feet, more or less, hereby declare that we have caused said land to be subdivided into lots as shown and designated hereon, and we have named said subdivision "CEDAR RIDGE 2ND SUBDIVISION". This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following V conditions which are imposed as a condition of issuance of this EXHIBIT A Special Use Permit. Upon the failure of the Applicant to comply Wll.11 1.1105c: A1JCl.1a1 Cl..)11(11�.1V115, 1.110 J�L.l.1c:.1v.:�.:: ,:,i�li�, Yi11i automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. SPECIAL CONDITIONS: 1. Additions or modifications from the original building permit must be approved by the City Council. 2. Special use shall meet all applicable zoning regulations. 3. This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4. This Special Use Permit is not transferrable without consent of the City Council. IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of 20 Michael G. Miller City Manager ATTEST: Gayle L. Conrad City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and EXHIBIT A sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2004 Delores G. Needham, Notary Public EXHIBIT A r) CITY COUNCIL FINDINGS AND CONCLUSIONS Now on this day of , the Cape Girardeau City Council considered the application for Special Use Permit dated 8/20/2001 filed by George E. Bockhorst, Jr., Patricia A. Bockhorst, and Tim Bockhorst for the property located at 1678 Kingsway Drive in Cape Girardeau, Missouri for the purpose of constructing, maintaining and operating an extension of the existing Armor Mini Storage complex. In examining this application, the following factors were considered and found as noted: Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk EXHIBIT B Yes No N/A City Council Findings: The Proposed Special Use Permit, With The Stated Conditions, Would: 1. Substantially increase traffic hazards or congestion X 2. Substantially increase fire hazards X 3. Adversely affect the character of the neighborhood; X or in respect to special use permits for dwelling purposes where required, be adversely affected by the character of the neighborhood. 4. Adversely affect the general welfare of the community X 5. Overtax public utilities. X 6. Be in conflict with the comprehensive city plan X The comments, testimony, evidence, exhibits, and all other matters presented at the required public hearing are incorporated herein by reference. Following consideration of the application, the requirements of Section 30-39 and other relevant provisions of the City Code, testimony, exhibits and file contents, the City Council duly deliberated the facts pertaining to the proposal and issued the following conclusion: THE APPLICATION IS: Approved Denied X Approved with conditions specified on attached Special Use Permit CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) ATTEST: Mayor City Clerk EXHIBIT B CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of George and Patricia Bockhorst for a Special Use Permit for the extension of the Armor Mini Storage complex at 1678 Kingsway be recommended for approval. Vote Count: Favor —10 Oppose — 0 Abstain — 0 Date Recommendation Made: September 12, 2001 r) List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: George Bockhorst and Tim Bockhorst, applicants Secretary Rezoning ❑ CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For •o Special Use Permit R File No. Address of Property I to 1 9 K i CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR. 1. Is present use consistent with present zoning? Yes 2. Is plat sufficient? Yes 3. Will intended use conform to requested zoning? yc-S -S u 4. Has intended use already commenced? NAo 5. Comments: 1-7� 8/7/0 r City Planner/Development Services Coordinator Date CITY ATTORNEY: 1. Is legal description sufficient? 2. Will intended use conform to requested zoning? 3. Can requested Special Use Permit be legally granted? 4. Comments: - �/G llit/r✓/Nt���% City &ttorne Aj�t-27� Date MANAGF,l.k REFERRAL TO PLANNING AND ZONING COMMISSION: ichael G. Date PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: Staff Member Posting Notice Date Revised 4/21/1998 City of Cape Girardeau, Missouri Application For Rezoning- Or Special use Permit - _x For Staff Use Only --- Date Recieved in Planning Services Office: ZLao /c I By: 0115 SECTION A 1. Description of the project: The purposed 160 or so storage shed complex would be an extension of the existing facility at 1678 Kingsway Dr. 2. Street address of tract (or other location description): Corner of Kingshighway of Kingsway Dr. and Cape Lacroix -- sits to the west, adjacent to existing facility. 3. Names and addresses of all legal owners of the tract: George E. Bockhorst Jr. Patrica A. Bockhorst 4. Present zoning classification: C2 5. Requested new zoning classification: No 6. Requested special use: Yes 7. Personal handling this application(name ,address, phone number): Tim Bockhorst 1678 Kingsway Dr. Cape Girardeau, Mo. 63701 (573)- 335-1060 8. If tract is to be transferred, name and address of intended owner: No Page 2 9. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS APPLICATION IS TRUE. (SIGNATURES OF ALL PERSONS LISTED IN ITEMS 3 AND 8 ABOVE AND DATE OF SIGNATURES): NAME DATE SECTION B NAME DATE 1. Legal description of tract: We, the undersigned George E. And Patrica A. Bockhorst, husband and wife, owners in fee of Lot 29 of Cedar Ridge Subdivision, a subdivision on file in the Land Records of Cape Girardeau County in Plat Book 15, at Page 37, in the City and County of Cape Girardeau, State of Missouri, more particularly described as follows: Begin at the Northwest corner of said Cedar Ridge Subdivision; thence with the north line of said subdivision, North 88*06'00" East, 45.43 feet;thence North 88*56'46" East,375.15 feet, to a 4" x 4" concrete monument; thence South 1*00'41" West,223.43 feet; thence South 6* 19,04" East,120.42 feet; thence South 1 *33'14" East, 210.00 feet, to a point on the north right of way line of Kingsway Drive; thence with said right of way line, South 88*26'46" West, 46.09 feet; thence along the arc of a curve to the right having a radius of 226.88 feet, a distance of 170.64 feet; thence North 48*27'39" West, 211.40 feet; thence North 53* 18'09" West, 71.20 feet; thence North 55*52'00" West, 43.40 feet, to the southwest corner of said Cedar Ridge Subdivision, said point being also on the east right of way line of said Kingsway Drive; thence with said east right of way line along the arc of a non -tangent curve, concave to the west, having a radius of 558.34 feet, a distance of 285.49 feet ( the chord of said arc bears North 03*44'33" East 282.39 feet), to the point of beginning and containing 4.44 acres, or 193,564 square feet, more or less, herebydeclare that we have caused said land to be subdivided into lots as shown and designated hereon, and we have named said sudivision "CEDAR RIDGE 2ND SUBDIVISION". Mm IN Page 3 2. Attach to this application a scale plat of the tract, on 8 V2 by 11 inch sheet of paper, showing the following: A. All boundary dimensions B. All ajoining streets and alleys C. All present improvements D. All intented improvements E. All adjoining and cornering property lines and references to all owners listed in Section C. F. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract of which is across streets or alleys. A. Plaza Tire Attn: Scott Rhodes 2149 William Cape Girardeau, Mo. 63701 Their property lies to the south, across Kingsway Dr. from said property. B. Lexington Place, LLC Attn: Larry Heartling 59 North Lake Dr. Cape Girardeau, Mo. 63701 Their property lies to the north of said property. 2. With this application, the applicant must deliver to the Planning Services Division a stamped, plain business envelope, addressed to each of the individuals listed in Section C, No. 1, of this application. SECTION D 1. State the use to which this tract will be put if rezoned as requested or if a special use permit is granted as requested. Attach plans, pictures or drawings of commercial or industrial buildings. The use of this tract would be to expand the existing storage shed facility at 1678 Kingsway Dr.. Approximately 160 to 170 doors would be the estimated expansion. Page 4 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relating to time period, tract ownership, size and design of improvements to be constructed. We would request 1 year to make the improvements. The improvements will be to the same specifications and look as our existing facility at 1678 Kingsway Dr. 3. Is a transfer of ownership of the tract dependent upon the approval of this application? No 4. Has there been a prior application for rezoning or special use permit for this tract, or a larger or smaller parcel involving this tract? If so, give the date and state the prior action taken. Yes, This tract was originally a part of the original tract: which was Lot 29 of Cedar Ridge Subdivision. A special use permit was granted to build the existing facility at 1678 Kingsway Dr. in or around 1987. SECTION E 1. State the reason why you believe the requested rezoning or requested special use permit will be benefical to the neighborhood and the City. We believe that this section of town is going to continue to expand, and that the need for more storage buildings will continue to grow, actually the demand has already surpassed our ability to supply. We are confident that we run a quality operation, if you would like, you can see our facilitie at 1678 Kingsway Dr., please feel free to compare our operation to the others. In closing; we have enjoyed serving the City of Cape Girardeau, for the past 18 years and look forward to serving the community for many more to come. S 01'38'03” E_ 354. ih u u N O u U< xL pL r UJ « L O C W z _o v� v o X5cr ~00 °«L. 10 .uu -; u 3:coc,mgr emu «r « N« cu N j �,E D Oa O N Q O N•; .0. ..W «3 �.L. OIC 0 C N V n$ SJa 6 o W ao a WQ Z0; V >> ' y 26NZr u 3 a m0>V�nzONNNVc Ci1 d>Na O LJ > 5) ;rV cnt0 0N•c u o o Oc, WLa0 utC •acc00ONM« l0 � e�MOu d c °a. VA v t� �L, acp 0 o)er o� i HM r' 6'E Ou)O r UWN ° uZ O loivMD U 0 Op Lt") 'cu 3cWoo'n Z �"�uo0 O p -00 o o E o u-. u v u u W W m 8MZW -ac �N�� u °s �Z� dW O O�Oa---„0,--�'�:s :E:500.. « O Z ZOO NOS.. ...��0p3 _ W O «0.. 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S SURFACE 2r fttP. � g M S3T.39' 3LE \ 2E OSED 4- ..83 .83 97 :-ORNER ON ��\\ \ 95 e DHWAY 61 ti SIX CREEK. \ ROAD. CL KINGSWAY DRIVE ti m This a %\ Stt �I�IQI�I�I� n N b m PAUL REVERE DRIVE X5.43 M ►►4. za- V W" V r) CEDAR RIDGE 2ND SUBDIVISION A RESUBDIVISION OF LOT NO. 29 OF CEDAR RIDGE SUBDIVISION IN THE CITY AND COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI. MORIN ps71fA71DY 6 t1ADl TNOY IEDnD HAT OT LLWt E s HAT IOi01C 11 pm/LICJT Wwwram Comm R-3 ZONING 01 OUIR MCI OF ■It OF IN1E eR tK 1 eufC111w OM t1t.23' MOSM& W SYiTARY SCVVM *V LA Lr � 1 Cn• ATi1R snalcM t1E I SJ I 1 1 � 1 I z 1 1 I I PI rPpRolorAtlt Lu fs 1 Lao Ntw may 1 \ I � I � / 1 LOT 1 / Km Ma ar 23(f#0Nf sErN.nr IRc 't'{rti�Y ♦♦` ♦, IM -21.22-E !, 31.05' �o \ ♦` 8 TOTAL SUBDIVISION AREA,. 4.44 rcras • , \� ABNLMUM LOT SIZE - 1.95 ACRES .\ b1Aw11v1( IAT slze _ 9.08 ACRES ♦� s tRRMt AWA OF QOAM = MOtotTM00N s C7/1ttO111.T 701M CAL tOq O MIMCT To a' TMOMT YID UM OnSAW elft IID mecum aTYctm. tacarrr 0M T1s EAR s d 11s tItlDOltmll ttM9 tOMOR7 M YW tOMW MtmaRIAL A62 tom. - - - - - - SERER AND UTILITY .&e11.r.rc - 100 YEAR "Aw Lam @011 ROD "AM MUM "A MUM CAP lOUND 1/2' DU. ROOK ROD 1 Ioms RODS SET AT ALL CORNERS UNLESS OTNCRW1SZ WDICATED. SUBDIVISION DEDWA71M i M N let C./reee MiAeiie� a MYW..� w i w I.r r�10' Cei. Gan11.r. Siab «i K! 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CONORIE 110AWMT rr r AS RPl.OR W N FLAT PAac 15 ON P&"7 PIcew 1 250 I I; I I �- 1 wir #a iD�OE �' I I I siem1/9uM II ; i n ;u I I II� I N ,1 W M� P,I II " I N i N O O Z I Z IZ I LOT 2 Ile G) I 134.624 ey 1L 1 108 ac.ecam 11 ; laT M 1t Okla 1 SUNW S M IPE �I I 1 I 1� I ; so SUBDIVISION DEDWA71M i M N let C./reee MiAeiie� a MYW..� w i w I.r r�10' Cei. Gan11.r. Siab «i K! I►' J7, i Y LEY r 1i�t .r, teYy eW . bb- t.eb d w 1i1w.1 arrow «.w 1tik arp twebelg ie r w •_i lmi60 ' M.wwh w 4l 4L411 rrt 0w .AWgr4 E4 37113 Mta 4' SMri 114r WmK.A1 w. 210.00 Atbf - S.ri �.t1Yr Fa.l. etM r .r r r 4.1r •be wr... Mrzd44' tAr. 4M/ re: 1r w 4R « • /sdAr «acv 4.4,00R, R.re r /A/4 Maq IStT tYd, SI I.10 b.t; w� iii lA' `i. H! tort' w4. MwN S6'sb0• MY.t IMlYq� A.L r r r4.r C.r 0`At W..o..RI/ Wd d �e w it r y4 r7 it.r awr.wr b w e.L a a rR (i. r4 r a, r+e r wDl-+ro w eMe4Aeee 4.44 .e.ti . Mg7M eee. M.t .ee w Iola b.y I.mmmaw. A-.aA .tl .. Aer. wrrr..dt .iiEi 19et mm me 4y rM[X-AI. 111! llr.l. w .rsA.r a enr. �.% « AQ TMa AeA..r . ebAq nAe, r..w �aR wm « wr w M/RltD1l: / n4r.le ..t y Ar r.vl.t.rdr r Mi �'K +y d A0.. IDee. 9-/9-99 T.0 Ax Rowe i w_ dMprw .tee -r t -- 4' OV r w 4>♦ 1 [>♦. A1r+Ma Ae.r.t A-rAr arwr wt a: oat D- Ay �. A0.. IMe. ♦ x`11' �� VO-VEM FLOOD W -01F A N 100 Tia HA 01WAT AM =W11 XMW ■ UM rMOM TM F" -K MAN OM ►tl s TMt C1R s1DtIaM•1 ORK7 s m CRT et Pima:= It�011s EOM A commup T ►AMC Pim : t00t •MOM Y wrac et Nat or 11 v1 A 1ML This Mar_.T -1t-et or aI -Wt.t...a ro .eewd.MeR .A cu-ml,eir..re1... PrGPert7 SOund.rT Serves A01e1ts .eemb.T Im. KY4. PIcew am Swumpm I I; I I �- I I J; II ; aow M� ♦ x`11' �� VO-VEM FLOOD W -01F A N 100 Tia HA 01WAT AM =W11 XMW ■ UM rMOM TM F" -K MAN OM ►tl s TMt C1R s1DtIaM•1 ORK7 s m CRT et Pima:= It�011s EOM A commup T ►AMC Pim : t00t •MOM Y wrac et Nat or 11 v1 A 1ML This Mar_.T -1t-et or aI -Wt.t...a ro .eewd.MeR .A cu-ml,eir..re1... PrGPert7 SOund.rT Serves A01e1ts .eemb.T Im. KY4. NEW ORDINANCES lil lil lil CITY OF CAPE GIRARDEAU Office of the City Manager - October 15, 2001 - The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Council Letter No. 277 Subject. Air Traffic Control Tower Operating Assistance Grant Agreement Dear Mayor and Council Members: As you recall, the Missouri State legislation provides up to $125,000 to be allocated for reimbursement of control tower operational expenses for those municipalities who are currently funding their own tower operation. Attached for your review is the agreement for reimbursement up to $125,000 for the period of July 1, 2001 to June 30 2002. This agreement has been reviewed and endorsed by the Airport Advisory Board. It is recommended that the City Council approve the attached ordinance authorizing the City of Cape Girardeau to enter into this Air Traffic Control Tower Operating Assistance Grant Agreement. J. Loy Manager Michael G. M City Manager n BILL NO. 2001-203 ORDINANCE NO. AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAY AND TRANSPORTATION COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the City of Cape Girardeau, Missouri, shall accept and execute the airport assistance agreement with the State Highway and Transportation Commission of Missouri, for an aviation operating assistance grant for the Cape Girardeau Regional Airport. ARTICLE 2. That the City of Cape Girardeau, Missouri, does hereby ratify and adopt all statements, representations, conditions, and covenants contained in the airport assistance agreement. ARTICLE 3. That the City Manager is hereby authorized and directed to execute said airport assistance agreement in triplicate on behalf of the City of Cape Girardeau, Missouri, and the City Clerk is hereby authorized and directed to impress thereon the official seal of the City of Cape Girardeau, Missouri, and to attest said execution. ARTICLE 4.- That said airport assistance agreement provides for the granting of,financial assistance in the sum of One Hundred Twenty -Five Thousand Dollars ($125,00.00) in state funds to assist with the air traffic tower operation. ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, City Clerk STATE OF MISSOURI ) ss. COUNTY OF CAPE GIRARDEAU ) I, Gayle L. Conrad, City Clerk of the City of Cape Girardeau, Missouri, within and for the City and State aforesaid, do hereby certify that the foregoing is a full, true and complete copy of ORDINANCE NO. AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAY AND TRANSPORTATION COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU, MISSOURI, as same is recorded in the minutes of said City of Cape Girardeau, Missouri. IN WITNESS WHEREOF, I hereunto set my hand, and affix the seal of said City of Cape Girardeau, Missouri, in my office in Cape Girardeau, Missouri, this day of , 2001. ` J Gayle L. Conrad, City Clerk V CCO FORM: AC21 Approved: 1/99 (RMH) Revised: Modified: City of Cape Girardeau Project No. AIR 026-77A MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT THIS AGREEMENT is entered into between the Missouri Highways and Transportation Commission (hereinafter, "Commission"), and the City of Cape Girardeau (hereinafter, "City"). WITNESSETH: WHEREAS, the purpose of this Agreement is to provide financial assistance to the City for the operation of the Air Traffic Control Tower (hereinafter, "Tower") at the Cape Girardeau Regional Airport (hereinafter, "Airport") and to set forth conditions upon which the assistance will be provided; NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations set forth below, the parties agree as follows: (1) SCOPE OF WORK: The City agrees to operate Tower in accordance with all rules and regulations of the Federal Aviation Administration and applicable Federal and State requirements. (2) AMOUNT OF GRANT: The Commission agrees to reimburse the City up to One Hundred Twenty -Five Thousand dollars ($125,000) for direct costs to operate the Tower during period of July 1, 2001 to June 30, 2002. (3) PERFORMANCE OF AGREEMENT: The City shall immediately notify the Commission in writing of any condition or event which may significantly affect its ability to perform the activities in accordance with the provisions of the Agreement. (4) COMMISSION'S RIGHT TO INSPECT DOCUMENTS AND AUDIT RECORDS: (A) The City shall submit to the Commission such data, reports, documents, and other information relating to the operation of the Tower as the Commission may require at any time. (B) The Commission reserves the right to inspect and otherwise audit all records of the City to determine compliance with this agreement. Generally accepted auditing standards and the requirements of the Comptroller General of the United States "Government Auditing Standards" shall be used as the audit criteria. -1- (5) THIRD PARTY CONTRACTS: (A) Prior to execution by either party, the City shall submit to the Commission for review, comment, and approval all contracts for services included in the Scope of Work Statement to be provided to the City by a third party. (B) The Commission shall not be liable to the contractors or subcontractor of the City or any other person not a party to this agreement in connection with the performance of project without specific written consent of Commission. (6) PAYMENTS: (A) Timing of Payments: Commission payments to the City will be made on a quarterly basis. Commission will provide a reimbursement form to be completed by the City when requesting funds. (B) Limitations on Commission Contribution: Funds made available to the Commission and City are subject to appropriations made by the General Assembly. (7) RIGHT OF COMMISSION TO TERMINATE AGREEMENT: Upon written notice to the City, the Commission reserves the right to suspend or terminate all or part of the financial assistance herein provided the City is, or has been, in violation of any of the terms of this Agreement. (8) COMMISSION'S REPRESENTATIVE: The Commission's Director is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of the Agreement. (9) INDEMNIFICATION: The City shall be responsible for injury or damages as a result of any services and / or goods rendered under the terms and conditions of this Agreement. In addition to the liability imposed upon the City on the account of personal injury, bodily injury, including death or property damage, suffered as a result of the City performance under this Agreement, The City assumes the obligation to save harmless the Commission, including its agents, employees and assigns, and to indemnity the Commission, including its agents, employees and assigns, from ever expense, liability or payment arising out of such wrongful or negligent act or omission, including legal fees. The City also agrees to hold harmless the Commission, including its agents, employees and assigns, from any wrongful or negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the City, for any purpose under the Agreement, and to indemnify the Commission, including its agents, employees and assigns, from every expense, liability or payment arising out of such wrongful or negligent act or omission. -2- (10) MISSOURI NONDISCRIMINATION CLAUSE: The City shall comply with all the provisions of Executive Order No. 94-03, issued by the Honorable Mel Carnahan, Governor of Missouri, on the fourteenth (14th) day of January 1994, which executive order is incorporated herein by reference and is made a part of this Agreement. This Executive Order promulgates a Code of Fair Practices for the Executive Branch of Missouri Government and prohibits discrimination against recipients of services, and employees or applicants or employment of state contractors and subcontractors, on the grounds of race, color, religion, national origin, sex, age, disability, or veteran status. The City shall also comply with all state and federal statutes applicable to the City relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. Section 12101, etseq.). (11) LAW OF MISSOURI TO GOVERN: The Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of the Agreement. (12) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or respecting its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. T (13) NONSOLICITATION: The City warrants that it has not employed or retained any company or person, other than a bona fide employee working for the City, to solicit or secure this Agreement, and that it 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, contingency upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. (14) AMENDMENTS: Any change in the Agreement, whether by modification or supplementation, must be accomplished by a supplemental agreement signed and approved by the duly authorized representatives of the City and the Commission. -3- IN WITNESS WHEREOF, the parties have entered into this agreement on the last date written below. Executed by the City this day of , 20 Executed by the Commission this day of , 20 MISSOURI HIGHWAYS AND CITY OF CAPE GIRARDEAU TRANSPORTATION COMMISSION By Title Title Michael G. Miller, City Manager Attest: Attest: By Secretary to the Commission Title Gayle L. Conrad, City Clerk Approved as to Form: Approved as to Form: By Counsel for the Commission JAmart1\airagree\Cape G — air 026-77A — ac2l .doc -4- Title W. Eric Cunningham, City Attorney CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 278 Agenda October 15, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Record Plat of B and E West Second Subdivision This Council agenda item provides for consideration of the record plat of B and E West Second Subdivision. This is a three (3) lot subdivision located at the 2100 to 2200 block of Rust Avenue, submitted by the Charles F. Blattner Voluntary Trust, the Joyce E. Blattner Voluntary Trust, and the Jerry E. Erlbacher Voluntary Trust and will allow commercial development at this location. The subdivision plat was approved by the Planning and Zoning Commission at their meeting on October 10, 2001. The vote to approve the plat was 9 in favor with no opposition. There were no citizens present in opposition to this development. It is recommended that the City Council give first reading consideration to the attached ordinance accepting the record plat for B and E West Second Subdivision. Respectfully submitted, �t William E. V uahn Services Coordinator WEV/MGM/rlf BILL NO. 2001-209 ORDINANCE NO. AN ORDINANCE APPROVING THE RECORD PLAT OF B AND E WEST SECOND SUBDIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The record plat of B and E West Second Subdivision, part of Out Lot 54 of U.S.P. Survey 2199, Township 30 North, Range 13 East, located in the City and County of Cape Girardeau, Missouri, submitted by Charles F. Blattner, Trustee of the Charles F. Blattner Voluntary Trust of February 26th, 1996 and Joyce E. Blattner Trustee of the Joyce E. Blattner Voluntary Trust of February 26th, 1996 and Jerry E. Erlbacher and Martha B. Erlbacher, Trustees of the Jerry E. Erlbacher Trust U/T/A dated January 30th, 1992, bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated October 5, 2001, 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 , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk NORTH FROM RUST AVENUE COMMERCIAL SUB. PLAT BOOK 18, PAGE 44 NORTHEAST CORNER FRAC. SEC. 12 "nLNert0.wo 3 E NORTHEAST l2)RIEER LOT NO. 4 RUST AYE COMMERaAL AUEOmSION N0. 1 NOW OR FORMERLY I RODNEY and BARBARA NORDER ! BOOK BLL, PACE 297 J B and E WEST SECOND SUBDIVISION PART OF OUT LOT 54 OF U. S. P. SURVEY 2199 TOWNSHIP 30 NORTH, RANGE 13 EAST SUBDIVISION DEDICATION LOT N0. 2 5' unuTY 0.94 ACRES EAMMT 5' UMTY NOM OR FORMERLY a1N8ES F. RATTNER VOLUNTARY TRUST and JOYCE E BLATT ER VOLUNTARY TRUST 9001( N7, PACE 730 JERRY E aiBACER lent MARTHA S. ERUBAC ER TRUSTEES OF THE JURY E ERIBACH R TRUST TIE THE UWERSIGHED CHARLES F. B ATTNER. TRUSTEE OF THE CHARLES F. BLATTN R MLWTARY TRUST OF FEBRUARY 26M 1996 AND JOKE E BLATHER TRUSTEE OF THE JOYCE E 8LATMFR VOLUNTARY TRUST OF FEBRUARY 2611 1996 AND JERRY E ERLBAa1ER AND MARTHA 9. E R BAOER TRUSTEES OF THE JERRY E EF"AC ER TRUST U/T/A DATED JANUARY 301H 1992 OWNIUM N EEE OF THAT PART OF OUT LOT NO, 54 N tREITED STATES PRIVATE SURVEY 2199. TOWiSHP 30 NORM RANGE 13 EAST N TE an' AND COUNTY OF CAPE QiARDEAU. MISSOURI DESCRIBED AS FOLLOWS Cawnence NEM Mawth s cemr N Fractional Section 12 Toanehip 30 North, Range 13 Eael: throve Scutt, W43'01' Est 136.30 ML to the N Ihm t canner of e tract deewbed In Deed Book 327 N p," 174 of tM Lunt Resrd. of add Cape Gbwdewr County; Bans South 061513' Weal, 566.10 feet to the Sougwl Clener ( Rud Antic C -No -(d Subdleelaa s reewdedH plot Seer 16 « page M N add Cant Recadc thence South 93'51'176 Est. 93180 lest. b the Sauveast Sans N will RUN Arae Caan,weW SiAdi"an U,e pd,t «be9kwY,R gens cantbew South 673113 Eget. 6161 Teel; qw,s Mag 60Y5066 Est. 619.91 feel. b a pale,/ an the lel IM « e tract dewaeed M Meed Book 846 « page 331 N add IoW Reoordc gens a6k add lel B,e. MeM WOT1Y Est. 257.N feet. b a paY,t an U,e Sanq rlgl,l N aoY Lbw N W« Arww gle,oe e4N aaM Swq ear. Sang OBO5006 WeaC 316.61 1st: gens dung U,e arc N a nave b the rHgI,C HwJng • radYa «230.01 lent. • Ile1leNW d 111.66 feet lhw,s Nara 649]'006 WUet. 269.70 feet. to iM nw6,eel erner d add Ruet ArWe Cwan,wcM Subdddac Y,enoe v4N U,e Esl One N add SWweMw,, Ssq 0613'136 1beC 240.35 bet. b U,a pawl N begiming, led oantdnbq 120 awes, moa r .lid .an. Mr.�br »ta�btlr,Nw le,.�r,t w.�„ani. a auilw�o�era�n t .•.a aid �Mwlew�n.aan �.wewan�.w e�iEs�r SECOND SUBOMSOtP. IN WTIES WIEEOF. I Chwlee F. Slower, Trvatee N the a,ede F. Watbr Valstery Trvet N Firuvy 234h. 1966, ant Marll,aE Elba�d,r TrvN.N.. the � E. TrvTit u�/A bled Joa,ar�y 30tli 19ied2. k ley E . set horde qle _ dry of AD., 2001. Chale F. satyr. Thele of the Charke F. 9bltoor Voluntary Trwt of Februwy 26, 1995 Joyce E Wattr. r. Tnate of the Joys E 9lalbr V,*mtwy Trwl of Febuwy 26. 1999 Jury E Epoc,r Thele d the Jerry E Eremoner Tru t U/T/A dated January 30th- 1992 Mrtlw 9. Erbocbw. Truetee of the Jeny E FAbad,w Trvet U/T/A dated January 30th- 1992 STATE OF MISSOURI GRAPHIC SCALE COUNTY OF CAPE GIRAR EAU 0, this _ ay of AD.. 20� before me a Notary Public for add County and Stale peresally spared Charles F. Blelger, Trvsle o! the Chale F. Natbr Va1UNwy Truet of Febuley 26, 1996. and Joyce E 1mtgr. Trvate of U,e Joys .'L Vd 4 Trwl « Febuwy 26. 1996, and I ■ NTT I Jsrty E EIMW Tl «the Jo- E Ebarhr Trvsl U/T/A/ datW Jwwwy 30, 1992. led Ywga (Y.k s 0. B. ENod,r Trvsls d W Jany E E6ed,r Trvst 1171A sled Jarwwy J0, 1992. b me psnondy le,oan, dun being Wy oswn, led any vat the lorMoin9 Incl l ears signed by them a then tree ant out deed. 10' UTIIUTY I LAT N0. 3 0.94 ACRES sE+e�� tAE NOW OR FORMERLY WEST CAPE DENGAPMENT CORP 8001( 84L PAGE 351 LEGEND ■ - STONE FOUND O - WON PN FOND e - Ra( PN SET A . 3/4' IRON PN IYTN ALUIMBI CAP SUBDIVISION NOTES TOTAL SUB011019011 MEA ; 3.AGES MAX" IDT SIX 1.4C28 ADM$ VMS" LOT am 0 4 4 ACRES TITS AREA 6 ZONED M-1. BFWD SUBJECT 70 25 FRONT AND WAX SETRAaa WIN NO SDEYARD SETSAa( ET(CiPT WERE ABUTTNC A RESflENTI L AREA. FLOODI RTIFICATIOj KA PL 6 lO S ON THAT 1 NAPE 717 11E F� PINT YAPS ON F R N 11E OFFICE CE NO HAM O aF 1HAT 1 Ott EO CAPE q(NDMA MISSOURI. A I II1M LOW LAIN 71E CRIED DESCRIBED ONWO TRACT E NOT WARN TlD FLOW NTH As NaaTED ON EFFECTIVE ATE PANEL Ta Still. Daae & WM M E;TECIYE DATE of TOYOeIX aha lose. L CTY a.rk « the CRy «Cape Gbwd.aa. MW -A hr.by artiry that tAle plat lea awned by V . CTY «Guar ctrwd.ou Mules% by o'enar,e Mo. _ Mead wel OPPraved Y,b _dry d A0.. 2001. City awk Fled far nerd In the antis of the County R-wdw of Cryo Gkordrr Clem" Mi. -A M Rot Barak N. _ N P." N. at JadWan. Illseo,aL an the day of AD, 2001. N WTE55 WHEREOF. 1 h ew eN my hand and aM ny official ed vi. _ day N _ AD.. 2001 MS SURVEY OF ATRACT OF URBAN PROPERTY My term A� WAS PERFOrYED N ACCORDANCE WIN THE CURRENT Notary Public MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURYEYS NAE STATE OF MISSOURI AS MADE FF7ECAYE DE17i76ER 3071t. 1994. Janet Robert. County Recadr Professional Engineer* & Land Surveyors SOUR 191619 II6tA9 w EL cme awwd 9th IBRIaiA eJ/91 (573) 859 - am r-(s7i)39 3- BOLO If SACT Rl L-1.99 - R -270.O' , lr R LAT N0. 1 FJ 1.40 ACRES 5 uiuw CEN VICE SOUTHWESTERN tEu EAsomlr SUBDIVISION DEDICATION LOT N0. 2 5' unuTY 0.94 ACRES EAMMT 5' UMTY NOM OR FORMERLY a1N8ES F. RATTNER VOLUNTARY TRUST and JOYCE E BLATT ER VOLUNTARY TRUST 9001( N7, PACE 730 JERRY E aiBACER lent MARTHA S. ERUBAC ER TRUSTEES OF THE JURY E ERIBACH R TRUST TIE THE UWERSIGHED CHARLES F. B ATTNER. TRUSTEE OF THE CHARLES F. BLATTN R MLWTARY TRUST OF FEBRUARY 26M 1996 AND JOKE E BLATHER TRUSTEE OF THE JOYCE E 8LATMFR VOLUNTARY TRUST OF FEBRUARY 2611 1996 AND JERRY E ERLBAa1ER AND MARTHA 9. E R BAOER TRUSTEES OF THE JERRY E EF"AC ER TRUST U/T/A DATED JANUARY 301H 1992 OWNIUM N EEE OF THAT PART OF OUT LOT NO, 54 N tREITED STATES PRIVATE SURVEY 2199. TOWiSHP 30 NORM RANGE 13 EAST N TE an' AND COUNTY OF CAPE QiARDEAU. MISSOURI DESCRIBED AS FOLLOWS Cawnence NEM Mawth s cemr N Fractional Section 12 Toanehip 30 North, Range 13 Eael: throve Scutt, W43'01' Est 136.30 ML to the N Ihm t canner of e tract deewbed In Deed Book 327 N p," 174 of tM Lunt Resrd. of add Cape Gbwdewr County; Bans South 061513' Weal, 566.10 feet to the Sougwl Clener ( Rud Antic C -No -(d Subdleelaa s reewdedH plot Seer 16 « page M N add Cant Recadc thence South 93'51'176 Est. 93180 lest. b the Sauveast Sans N will RUN Arae Caan,weW SiAdi"an U,e pd,t «be9kwY,R gens cantbew South 673113 Eget. 6161 Teel; qw,s Mag 60Y5066 Est. 619.91 feel. b a pale,/ an the lel IM « e tract dewaeed M Meed Book 846 « page 331 N add IoW Reoordc gens a6k add lel B,e. MeM WOT1Y Est. 257.N feet. b a paY,t an U,e Sanq rlgl,l N aoY Lbw N W« Arww gle,oe e4N aaM Swq ear. Sang OBO5006 WeaC 316.61 1st: gens dung U,e arc N a nave b the rHgI,C HwJng • radYa «230.01 lent. • Ile1leNW d 111.66 feet lhw,s Nara 649]'006 WUet. 269.70 feet. to iM nw6,eel erner d add Ruet ArWe Cwan,wcM Subdddac Y,enoe v4N U,e Esl One N add SWweMw,, Ssq 0613'136 1beC 240.35 bet. b U,a pawl N begiming, led oantdnbq 120 awes, moa r .lid .an. Mr.�br »ta�btlr,Nw le,.�r,t w.�„ani. a auilw�o�era�n t .•.a aid �Mwlew�n.aan �.wewan�.w e�iEs�r SECOND SUBOMSOtP. IN WTIES WIEEOF. I Chwlee F. Slower, Trvatee N the a,ede F. Watbr Valstery Trvet N Firuvy 234h. 1966, ant Marll,aE Elba�d,r TrvN.N.. the � E. TrvTit u�/A bled Joa,ar�y 30tli 19ied2. k ley E . set horde qle _ dry of AD., 2001. Chale F. satyr. Thele of the Charke F. 9bltoor Voluntary Trwt of Februwy 26, 1995 Joyce E Wattr. r. Tnate of the Joys E 9lalbr V,*mtwy Trwl of Febuwy 26. 1999 Jury E Epoc,r Thele d the Jerry E Eremoner Tru t U/T/A dated January 30th- 1992 Mrtlw 9. Erbocbw. Truetee of the Jeny E FAbad,w Trvet U/T/A dated January 30th- 1992 STATE OF MISSOURI GRAPHIC SCALE COUNTY OF CAPE GIRAR EAU 0, this _ ay of AD.. 20� before me a Notary Public for add County and Stale peresally spared Charles F. Blelger, Trvsle o! the Chale F. Natbr Va1UNwy Truet of Febuley 26, 1996. and Joyce E 1mtgr. Trvate of U,e Joys .'L Vd 4 Trwl « Febuwy 26. 1996, and I ■ NTT I Jsrty E EIMW Tl «the Jo- E Ebarhr Trvsl U/T/A/ datW Jwwwy 30, 1992. led Ywga (Y.k s 0. B. ENod,r Trvsls d W Jany E E6ed,r Trvst 1171A sled Jarwwy J0, 1992. b me psnondy le,oan, dun being Wy oswn, led any vat the lorMoin9 Incl l ears signed by them a then tree ant out deed. 10' UTIIUTY I LAT N0. 3 0.94 ACRES sE+e�� tAE NOW OR FORMERLY WEST CAPE DENGAPMENT CORP 8001( 84L PAGE 351 LEGEND ■ - STONE FOUND O - WON PN FOND e - Ra( PN SET A . 3/4' IRON PN IYTN ALUIMBI CAP SUBDIVISION NOTES TOTAL SUB011019011 MEA ; 3.AGES MAX" IDT SIX 1.4C28 ADM$ VMS" LOT am 0 4 4 ACRES TITS AREA 6 ZONED M-1. BFWD SUBJECT 70 25 FRONT AND WAX SETRAaa WIN NO SDEYARD SETSAa( ET(CiPT WERE ABUTTNC A RESflENTI L AREA. FLOODI RTIFICATIOj KA PL 6 lO S ON THAT 1 NAPE 717 11E F� PINT YAPS ON F R N 11E OFFICE CE NO HAM O aF 1HAT 1 Ott EO CAPE q(NDMA MISSOURI. A I II1M LOW LAIN 71E CRIED DESCRIBED ONWO TRACT E NOT WARN TlD FLOW NTH As NaaTED ON EFFECTIVE ATE PANEL Ta Still. Daae & WM M E;TECIYE DATE of TOYOeIX aha lose. L CTY a.rk « the CRy «Cape Gbwd.aa. MW -A hr.by artiry that tAle plat lea awned by V . CTY «Guar ctrwd.ou Mules% by o'enar,e Mo. _ Mead wel OPPraved Y,b _dry d A0.. 2001. City awk Fled far nerd In the antis of the County R-wdw of Cryo Gkordrr Clem" Mi. -A M Rot Barak N. _ N P." N. at JadWan. Illseo,aL an the day of AD, 2001. N WTE55 WHEREOF. 1 h ew eN my hand and aM ny official ed vi. _ day N _ AD.. 2001 MS SURVEY OF ATRACT OF URBAN PROPERTY My term A� WAS PERFOrYED N ACCORDANCE WIN THE CURRENT Notary Public MINIMUM STANDARDS FOR PROPERTY BOUNDARY SURYEYS NAE STATE OF MISSOURI AS MADE FF7ECAYE DE17i76ER 3071t. 1994. Janet Robert. County Recadr Professional Engineer* & Land Surveyors SOUR 191619 II6tA9 w EL cme awwd 9th IBRIaiA eJ/91 (573) 859 - am r-(s7i)39 3- BOLO n W c O .N VI V L O AVA+ V/ f� AN W W V C cc Val (D H N N � W ~ C N C N w C- C6 a E > N c c L CL N a N N 0 0 N M 0 A N N N C v L J 'o I! OR PERcr �, SIT I N. ; NYRA NERRINETHER I gSi Pf 4 C DR ST. IdRR111E Q p fHUE ST. WILLIAM sr. HERR c� GORDON WE o DR I N GOOD HOPE Y' ti 'r. CANP`�tEp w/( 'F DR. (+ CIgM �Tf£L OR. CAPE c m g TRE N' HENRY LMbEat f\N Sr - COUSN Q v J\� Sr. St. �lEsN\' J\- I i HERMAN 5T i .EFFSON i i 4 «uCE ER �J a / c W G 4� op MaNr est a x BRINK 'Sr. ST. l \ = WALNUT5T i ° 7A o sr, S N [[ PSAR 1. OR \ c 0U \ ? DCUST S/ O, WALNUT Mme° Y E� SJ AUTOPARK n G/ EM DR. Q �SaA� SHAWNEE Q�?, LOCUST \ '• 1 F ME7I 'H pc o a nuMAR � No. CKORr� sr. c�-� COMPLEX N. w3 CARDINAL fop\i\ryQ/LINDEN ` LN. \^ �?p „ H RUST CORY PIONEER DR. MDU rMAL 4 I BRENDA ` Cl RUSMAR ST. KAY C7, m & W �HACKRERRY fE� 5 sr _ - S Subject E 2 E�55WAY NNf IF i 1 Property fEBR1Da _ �-. sw /- U BEECH CORPORATE ST. ` PINE ST u�i LQ f L S— COOPER (O { COQ°ER S y' I � 1'0 I2� k1/ ff /U SY. / CORPORATE UIAITS— u �o 61 61 CITY OF CAPE GI ARDEAU, MISSOURI Office of the City Manager Council Letter No 280 Agenda October 15, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Voluntary Annexation Petition from William O.L. Seabaugh Voluntary Trust of February 1, 1985, by William R Seabaugh, Trustee, and the Patricia L. Seabaugh Voluntary Trust of February 1, 1985, by Patricia L. Seabaugh, Trustee for a 10.422 acre Tract Located Adjacent to the Northern City Limits Along Cape La Croix Road (Rt. W) South of Deer Creek Lane On October 10, 2001, the staff received an executed petition from the William O.L. Seabaugh Voluntary Trust of February 1, 1985 by WMiam R Seabaugh, Trustee and the Patricia L. Seabaugh Voluntary Trust of February 1, 1985, by Patricia L. Seabaugh, Trustee requesting annexation of a tract totaling 10.422 acres located on the west side of Cape La Croix Road (Rt. south of Deer Creek Lane, adjacent to the northern City limits. The property owner is also requesting rezoning of this property to the R-4 District and is proposing to develop a residential care center for the elderly on this tract. Attached is a copy of the petition, a map illustrating the location of the tract, and a resolution for the Council's consideration. The resolution, if adopted, will formally accept the petition for annexation and set Monday, November 5, 2001, as the date for the required public hearing on the matter before the Council. The staff is recommending that the Council accept the petition, set the public hearing, and proceed with the annexation as per State statutes. Res fully Submitt tr Ar __—__ city Michael G Miller City Manager BILL NO. 2001-204 RESOLUTION NO. A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION WHEREAS, a Petition for Annexation has been presented to the City Council of Cape Girardeau, Missouri, requesting that certain properties be annexed into the City of Cape Girardeau, Missouri; and WHEREAS, the Petition has been presented in accordance with Chapter 71.012 Revised Statutes of Missouri, which statute provides for voluntary annexation upon request of the affected property owners; and WHEREAS, it is the desire of the City Council of Cape Girardeau, Missouri, to consider whether such area should be annexed into the City of Cape Girardeau. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: 1 ARTICLE1. That the City Council of Cape Girardeau, Missouri, does hereby accept and receive a Petition for Voluntary Annexation of certain real estate, described as follows: The William O.L. Seabaugh Voluntary Trust, By William F. Seabaugh, Trustee, and The Patricia L. Seabaugh Voluntary Trust, By Patricia L. Seabaugh, Trustee. A PART OF LOT NO. 1 OF CAPE LA CROIX FARMS SUBDIVISION, AND A PART OF THE NORTHWEST QUARTER OF SECTION NO. 23, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a %" Iron Pin at the Northeast corner of lot no. 1 of Cape La Croix Farms Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 17 at page no. 12, said point also being in the centerline of County Road No. 620 from which point a 1" Iron Pipe at the Northeast corner of the Northwest quarter of said Section no. 23 bears N 880 44' 23" E, 1396.11 feet; thence along the centerline of County Road No. 620 the following courses and distances: S 17° 05' 43" E, 160.60 feet; thence V S 150 18' 23" E, 682.77 feet; thence S 150 18' 59" E, 692.21 feet to a M" Iron Pin, said point being the Southeast corner of a tract of land recorded in book no. 766 at page no. 277, and said point also being on the Northerly Right of Way line of Missouri State Route W; thence along said Right of Way line the following courses and distances: S 740 44' 40" W, 35.00 feet; thence S 110 01' 06" E, 11.18 feet to a M" Iron Pin, and being the True Point of Beginning: Thence continuing along said right of way line, S 110 01' 06" E, 124.18 feet to a %" Iron Pin; thence S 150 15' 20" E, 394.27 feet to a %" Iron Pin at the Southeast corner of a tract of land recorded in the land records of the County Recorder's Office in book no. 428 at page no. 952; Thence S 880 05' 46" W, 909.29 feet along the South line of said tract to a %" Iron Pin at the Southeast corner of Lot no. 4 of Cape La Croix Farms Subdivision as recorded in plat book no. 17 at page no. 12; thence N 130 56' 31" W, 513.01 feet along the East line of said lot to a M" Iron Pin at the Northeast corner of said lot, said point being on the centerline of an existing 50 foot wide ingress and egress easement (Deer Creek Road); thence along the centerline of said easement the following courses and distances: N 880 28' 53" E, 158.81 feet to a M" Iron Pin; thence S 810 55' 06" E, 85.97 feet to a Iron Pin; thence N 810 28' 13" E, 174.14 feet to a Iron Pin; thence N 880 03' 08" E, 489.12 feet to the point of beginning containing 10.422 acres and subject to the aforementioned ingress and egress easement, recorded in book no. 524 at page no. 377. TOGETHER WITH THE FOLLOWING DESCRIBED EASEMENT FOR USE OF AN EXISTING OFF SITE WATER WELL: A STRIP OF LAND 10 FEET WIDE LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: Beginning at the northeast corner of the above described 10.422 acre tract, and along the north line of said tract the following courses and distances: S 880 03' 08" W, 489.12 feet; thence S 810 28' 13" W, 174.14 feet; thence N 810 55' 06" W, 16.37 feet to the True Point of Beginning. Thence N O10 24' 25" W, 76 feet and there terminating. The sidelines of the above described easement being prolonged and shortened to terminate at the north line of the above described 10.422 acre tract. ARTICLE 2. Be it further resolved that in accordance with Chapter 71.012 RSMo it is now ordered that a public hearing be set for November 5, 2001, at which hearing any interested person, corporation or political subdivision may present evidence regarding the proposed annexation. ARTICLE 3. It is further resolved that notice of said public hearing be published in a newspaper of general circulation qualified to publish legal matters not less than seven (7) days prior to November 5, 2001. PASSED AND ADOPTED THIS DAY OF , 20 ATTEST: Gayle L. Conrad, City Clerk n A. M. Spradling, III, Mayor il a Is r) IN RE: ANNEXATION THE WILLIAM O.L. SEABAUGH VOLUNTARY TRUST OF FEBRUARY 1, 1985, By William F. Seabaugh, Trustee THE PATRICIA L. SEABAUGH VOLUNTARY TRUST OF FEBRUARY 1, 1985, By Patricia L. Seabaugh, Trustee, Petitioners. PETITION FOR ANNEXATION 1. Comes now The William O.L. Seabaugh Voluntary Trust of February 1, 1985, By William F. Seabaugh, Trustee, and The Patricia L. Seabaugh Voluntary Trust of February 1, 1985, By Patricia L. Seabaugh, Trustee, and state that they are the owners of all fee interest of record of the following described real property, being in Cape Girardeau County, Missouri: The William O.L. Seabaugh Voluntary Trust of February 1, 1985, By William F. Seabaugh, Trustee, and The Patricia L. Seabaugh Voluntary Trust of February 1, 1985, By Patricia L. Seabaugh, Trustee. A PART OF LOT NO. 1 OF CAPE LA CROIX FARMS SUBDIVISION, AND A PART OF THE NORTHWEST QUARTER OF SECTION NO. 23, TOWNSHIP 31 NORTH, RANGE 13 EAST OF THE FIFTH PRINCIPAL MERIDIAN, COUNTY OF CAPE GIRARDEAU, STATE OF MISSOURI BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: Commencing at a V2" Iron Pin at the Northeast comer of lot no. 1 of Cape La Croix Farms Subdivision as recorded in the land records of the County Recorder's Office in plat book no. 17 at page no. 12, said point also being in the centerline of County Road No. 620 from which point a 1" Iron Pipe at the Northeast corner of the Northwest quarter of said Section no. 23 bears N 880 44' 23" E, 1396.11 feet; thence along the centerline of County Road No. 620 the following courses and distances: S 170 05' 43" E, 160.60 feet; thence S 150 18' 23" E, 682.77 feet; thence S 150 18' 59" E, 692.21 feet to a %" Iron Pin, said point being the Southeast corner of a tract l J of land recorded in book no. 766 at page no. 277, and said point also being on the Northerly v Right of Way line of Missouri State Route W; thence along said Right of Way line the following courses and distances: S 740 44' 40" W, 35.00 feet; thence S I V 01' 06" E, 11.18 feet to a %" Iron Pin, and being the True Point of Beginning: Thence continuing along said right of way line, S 11 ° 0 V 06" E, 124.18 feet to a %Z" Iron Pin; thence S 15° 15' 20" E, 394.27 feet to a %" Iron Pin at the Southeast corner of a tract of land recorded in the land records of the County Recorder's Office in book no. 428 at page no. 952; Thence S 88° 05' 46" W, 909.29 feet along the South line of said tract to a''/z" Iron Pin at the Southeast corner of Lot no. 4 of Cape La Croix Farms Subdivision as recorded in plat book no. 17 at page no. 12; thence N 13° 56' 31" W, 513.01 feet along the East line of said lot to a `/z" Iron Pin at the Northeast corner of said lot, said point being on the centerline of an existing 50 foot wide ingress and egress easement (Deer Creek Road); thence along the centerline of said easement the following courses and distances: N 880 28' 53" E, 158.81 feet to a'/2" Iron Pin; thence S 810 55' 06" E, 85.97 feet to a %" Iron Pin; thence N 810 28' 13" E, 174.14 feet to a %" Iron Pin; thence N 880 03' 08" E, 489.12 feet to the point of beginning containing 10.422 acres and subject to the aforementioned ingress and egress easement, recorded in book no. 524 at page no. 377. J TOGETHER WITH THE FOLLOWING DESCRIBED EASEMENT FOR USE OF AN EXISTING OFF SITE WATER WELL: A STRIP OF LAND 10 FEET WIDE LYING 5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE: Beginning at the northeast corner of the above described 10.422 acre tract, and along the north line of said tract the following courses and distances: S 880 03' 08" W, 489.12 feet; thence S 810 28' 13" W, 174.14 feet; thence N 810 55' 06" W, 16.37 feet to the True Point of Beginning. Thence N 01 ° 24' 25" W, 76 feet and there terminating. The sidelines of the above described easement being prolonged and shortened to terminate at the north line of the above described 10.422 acre tract. - 2 - 2. The William O.L. Seabaugh Voluntary Trust of February 1, 1985, By William F. Seabaugh, Trustee, and The Patricia L. Seabaugh Voluntary Trust of February 1, 1985, By Patricia L. Seabaugh, Trustee, are desirous of having the above described real property annexed to and included within the city limits of the City of Cape Girardeau, Missouri. WHEREFORE, The William O.L. Seabaugh Voluntary Trust of February 1, 1985, By William F. Seabaugh, Trustee, and The Patricia L. Seabaugh Voluntary Trust of February 1, 1985, By Patricia L. Seabaugh, Trustee, respectfully request that the City Council of the City of Cape Girardeau, Missouri, extend the limits of the City of Cape Girardeau, Missouri, by ordinance to include the above described real estate, taking whatever action necessary to facilitate said annexation so as to include said real property within the city limits of the City of Cape Girardeau, Missouri. THE WILLIAM O.L. SEABAUGH VOLUNTARY TRUST OF FEBRUARY 1, 1985, By William F. Seabaugh, Trustee (- 1 1 C�- l ry- ems. C.A..ctx� THE PATRICIA L. SEABAUGH VOLUNT TRUST OF FEBRUARY 1, 1985, By Patricia L. Seabaugh, Trustee STATE OF MISSOURI ) aS t Go u s s ) ss. On thisday of (k1r ,- , 2001, before me appeared The William O.L. Seabaugh Voluntary Trust of February 1, 1985, By William F. Seabaugh, Trustee, to me personally known, who, being by me duly sworn, statesthat `read the foregoing Petition for Annexation and that the same is true and correct to the best of 4h@4 knowledge, information, and belief. A"j - 3 - IN TESTIMONY IEREOF, I have hereunto set my hand and affixed my official seal in the C" WI and State aforesaid, the day and year first above written. I My Commission Expires: XoW,w`� 27aOZ)a.- LEA ANN CALLICO.,...... Notary Public - Notary Seal y STATE OF MISSOURI St. Louis City sMy Commission Expires: Nov. 27,2M 0; STATE OF MISSOURI ) Sc.oTf" ) COUNTY OF CAPE 6 DRAU) <'fa 4/717 C Cc /�i Co [Typed Name of Notary Public] On this . day of 2001, before me appeared The Patricia L. Seabaugh Voluntary Trust of February 1, 1985, By Patricia L. Seabaugh, Trustee, to me personally known, who, being by me duly sworn, statesthat she has read the foregoing Petition for Annexation and that the same is true and correct to the best of her knowledge, information, and belief. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal in the County and State aforesaid, the day and year first above written. My Commission Expires: i [Typed Name of Notary Public] AMIE EDWARDS, Notary Putslic State of Missouri, S -ott County My Commission Expin_ .hu:,ie 21, 2003 1*ARDS CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 281 Agenda October 15, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing a Contract for the Lexington Road/Melody Lane and North Sprigg Water Extensions On September 20, 2001, bids were received for the Lexington Road/Melody Land and North Sprigg water main extensions. This project is a part of the Water Bond Improvement Program. Seven (7) bids were received, ranging in cost from $128,833.87 to $342,801.64. The low bid of $128,833.87 is below the engineer's Im estimate of probable costs. It is the recommendation of Burns & McDonnell, the City's consulting engineering firm, that the low bid submitted by Monroe Plumbing & Heating Co., Inc., Inc. be accepted. Therefore, a resolution authorizing a contract, contingent upon DNR approval, with the low bidder, Monroe Plumbing & Heating Co., Inc., is attached for Council consideration and action Respectfully submitted, ark A. Lester, P.E. City Engineer Michael G. Mill City Manager MAUMGM/dc r) BILL NO. 2001-205 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MONROE PLUMBING & HEATING CO., INC., FOR THE LEXINGTON AVENUE, MELODY LANE AND NORTH SPRIGG STREET WATER MAIN EXTENSION PROJECTS 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 Monroe Plumbing & Heating Co., Inc., for the Lexington Avenue, Melody Lane and North Sprigg Street Water Main Extension Projects. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 59 ATTEST: Gayle L. Conrad, City Clerk 0 A. M. Spradling, III, Mayor n DOCUMENT 00500 - AGREEMENT BETWEEN OWNER AND CONTRACTOR Project Name: Lexington / North Sprigg / Melody Lane Water Main Project SRF Project No.: DW 291010 Contract WM No.: WM-01 THIS AGREEMENT is dated as of the day of in the year 20_ by and between the City of Cape Girardeau, Missouri (hereinafter called Owner) and (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE I — WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work under this Contract is generally described as follows: Construction of approximately 1003 linear feet of 6 -inch water main along Melody Lane, approximately 5245 linear feet of 12 -inch main and appurtenances along North Sprigg and Lexington as defined by the Contract Drawings and Specifications. n ARTICLE 2 - ENGINEER 2.01 The Project has been designed by Bums & McDonnell Engineering Company, who is hereinafter called Engineer and who 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 TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 120 days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 150 days after the date when the Contract Times commence to run. 3.03 LIOUIDATED DAMAGES: A. 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 time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay 00500.DOC 00500-1 8/16/2001 DOCUMENT 00500 —AGREEMENT: continued (but not as a penalty) Contractor shall pay Owner one hundred fifty dollars ($150) for each calendar day that expires after the time specified above in Paragraph 3.02 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 3.02 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner one hundred fifty ($150) for each day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract ARTICLE 5 - PAYMENT PROCEDURES a 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: V� A. 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 the GENERAL CONDITIONS. 1. 901/o of Work completed (with the balance being retainage) until the Work is 90% complete. 2. 95% of the Work completed (with the balance being retainage) from when the Work is 90'/c complete until Substantial Completion. 00500-2 00500.DOC 8/16/01 Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs .below: e UNIT PRICE SCHEDULE Item Item Description Unit Quantity Unit Price Item No. Total z 1: 16" Diameter Waterline linear ft 1,003 $ $ 2. 12" Diameter Waterline linear ft 5,245 $ $ F 3. Hydrant Assemblies each 14 $ $ 8. Installation of 12" Gate Valve each 12 $ $ 9. Installation of 6" Gate Valve each 2 $ $ 4.02 Should rock excavation be encountered, it will be paid for at $125.00 per cubic yard. Rock _ excavation is defined in the City of Cape Girardeau — Standard Specifications for Street Improvements. 4.03 bidder acknowledges that quantities are not quaranteed and final payment will be based on actual y quantities determined as provided in the Contract Documents. _ ARTICLE 5 - PAYMENT PROCEDURES a 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS, RETAINAGE: V� A. 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 the GENERAL CONDITIONS. 1. 901/o of Work completed (with the balance being retainage) until the Work is 90% complete. 2. 95% of the Work completed (with the balance being retainage) from when the Work is 90'/c complete until Substantial Completion. 00500-2 00500.DOC 8/16/01 DOCUMENT 00500 — AGREEMENT: continued 3. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, Owner shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 — INTEREST 6.01 If the Owner fails to make payment within thirty (30) days after the receipt of the Contractor's application for payment, in addition to other remedies available to the Contractor, then shall be added to each such payment interest in accordance with Section 34.057 RSMo as amended. ARTICLE 7 - CONTR.ACTOM REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: - A. Contractor has examined and carefully studied the Contract Documents (including the Addenda) and other related data identified in the Bid Documents. B. 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. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and fiunishing of the Work. D. Contractor has carefully studied all: (1) 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; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. 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. E. Contractor has obtained and carefully studied (or assumes responsibility of 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, and 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. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and fiunishing of the Work at the Contract Price, within the Contract Tunes, and in accordance with the other terms and conditions of the Contract Documents. G. 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. H. Contractor has correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and 00500,E 00500-3 8/16/01 DOCUMENT 00500 — AGREEMENT: continued all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. 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. J. 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 8.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between Owner and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. b. Contractor's Bid. c. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Labor -Related Regulations. 6. Specifications consisting of divisions and Sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Lexington / North Sprigg / Melody Lane Water Main Project 8. Addenda numbers to, inclusive. 9. 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 the GENERAL CONDITIONS. - ARTICLE 9 - MISCELLANEOUS 9.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 9.02 ASSIGNMENT OF CONTRACT: A. 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 fi-om any duty or responsibility under the Contract Documents. 9.03 SUCCESSORS AND ASSIGNS: 00500-4 00500.DOC 8/16/01 DOCUMENT 00500 — AGREEMENT: continued A. Owner and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 9.04 SEVERABILITY: A. 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. 9.05 PROTEST PROVISIONS: A. Owner and Contractor each agree to the protest provisions specified in the Contract Documents. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor, and Engineer. 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 , 20,_, which is the Effective Date of the Agreement. CONTRACTOR OWNER By: By: Title: (SEAL) Attest Address for giving notices License No. (if required by Law) Agent for Service of process 00500.DOC 8/16/01 Title: (SEAL) Attest Address for giving notices (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) 00500-5 DOCUMENT 00500 — AGREEMENT: continued (if required by law) (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 Approved As to Form: By: Attorney For: 00500-6 00500.DOC 8/16/01 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 282 Agenda October 15, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing a Contract for the Meadowbrook Storage/Perryville —Lexington Road Extensions On September 20, 2001, bids were received for the Perryville Road/Lexington Avenue 12 -inch water main extensions. This project is a part of the Water Bond Improvement Program. Four (4) bids were received, ranging in cost from $413,140.27 to $797,381.00. The low bid of $413,140.27 is below the engineer's estimate of probable costs. It is the recommendation of Burns & McDonnell, the City's consulting engineering firm, that the low bid submitted by Dutch Enterprises, Inc. be accepted. Therefore, a resolution authorizing a contract, contingent upon DNR approval, with the low bidder, Dutch Enterprises, Inc., is attached for Council consideration and action MAUMGM/dc �11 Respectfully submitted, Mark,A. Lester, P.E. Citi Engineer ichael G. Miller City Manager BILL NO. 2001-206 RESOLUTION NO. A RESOLUTION AUTHORIZING MANAGER TO EXECUTE AN WITH DUTCH ENTERPRISES, THE PERRYVILLE ROAD AND AVENUE WATER MAIN PROJECTS THE CITY AGREEMENT INC. FOR LEXINGTON EXTENSION 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 Dutch Enterprises, Inc. for the Perryville Road and Lexington Avenue Water Main Extension Projects. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk r) 20 A. M. Spradling, III, Mayor DOCUMENT 00500 - AGREEMENT BETWEEN OWNER AND CONTRACTOR Project Name: Perryville Road / Lexington Avenue 12 -Inch Water Main Extension SRF Project No.: DW 291010 Contract WM No. WM-03 THIS AGREEMENT is dated as of the day of in the year 20_ by and between the City of Cape Girardeau, Missouri (hereinafter called Owner) and (hereinafter called Contractor). Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work under this Contract is generally described as follows: Construction of approximately 8,139 linear feet of 12 -inch water main, approximately 122 linear feet of 8 -inch water main, and approximately 450 linear feet of 6 -inch water main and appurtenances along Perryville Road and Lexington Avenue as defined by the Contract Drawings and Specifications. ARTICLE 2 - ENGINEER 2.01 The Project has been designed by Burns & McDonnell Engineering Company, who is hereinafter called Engineer and who 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 TIME 3.01 TIME OF THE ESSENCE: A. All time limits for milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 3.02 DATES FOR SUBSTANTIAL COMPLETION AND FINAL PAYMENT: A. The Work will be Substantially Completed within 120 days after the date when the Contract Times commence to run as provided in the GENERAL CONDITIONS, and completed and ready for final payment in accordance with the GENERAL CONDITIONS within 150 days after the date when the Contract Times commence to run. 3.03 LIOUIDATED DAMAGES: A. 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 time specified above, plus any extensions thereof allowed in accordance with the GENERAL CONDITIONS. The parties also recognize the delays, expense, and difficulties involved in proving the actual loss suffered by Owner if the Work is not Substantially Completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner one hundred fifty dollars ($150) for each 00500.130C 00500-1 8/16/2001 DOCUMENT 00500 — AGREEMENT: continued V calendar day that expires after the time specified above in Paragraph 3.02 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 3.02 for completion and readiness for final payment or any proper extension thereof granted by Owner, Contractor shall pay Owner one hundred fifty ($150) for each day that expires after the time specified for completion and readiness for final payment. ARTICLE 4 - CONTRACT PRICE 4.01 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 below: UNIT PRICE SCHEDULE Item Item Description Unit Quantity Unit Price Item No. Total 1. 12" Diameter Waterline lin ft 8139 $ $ 2. 8" Diameter Waterline lin ft 122 $ $ 3. 6" Diameter Waterline lin ft 450 $ $ 4. Hydrant Assemblies each 19 $ $ 5. Connection at Abbey Road & Lexington each 1 $ $ Avenue 6. Connection at SW Corner of Rampart & Lexington Avenue each 1 $ $ 8. Installation of 12" Gate Valve each 13 $ $ 9. Installation of 8" Gate Valve each 3 $ $ 10. Installation of 6" Gate Valve each 8 10. Removal of Existing Hydrants each 5 $ $ 11. 16 -inch casing each 361 12. 24 -inch casing each 351 4.02 Should rock excavation be encountered, it will be paid for at $125.00 per cubic yard. Rock excavation is defined in the City of Cape Girardeau — Standard Specifications for Street Improvements. 4.03 Bidder acknowledges that quantities are not quaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. ARTICLE 5 - PAYMENT PROCEDURES 5.01 SUBMITTAL AND PROCESSING OF PAYMENTS: A. Contractor shall submit Applications for Payment in accordance with the GENERAL CONDITIONS. Applications for Payment will be processed by Engineer as provided in the GENERAL CONDITIONS. 5.02 PROGRESS PAYMENTS. RETAINAGE: A. 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 00500-2 00500.DOC 8/16/01 DOCUMENT 00500 — AGREEMENT: continued and less such amounts as Engineer shall determine, or Owner may withhold, in accordance with the GENERAL CONDITIONS. 1. 90% of Work completed (with the balance being retainage), until the Work is 90% complete. 2. 95% of the Work completed (with the balance being retainage) from when the Work is 90% complete until Substanial Completion. 3. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to 95% of the Contract Price (with the balance being retainage), less such amounts as Engineer shall determine, or Owner may withhold, in accordance with the GENERAL CONDITIONS. 5.03 FINAL PAYMENT: A. Upon final completion and acceptance of the Work in accordance with the GENERAL CONDITIONS, Owner shall pay the remainder of the Contract Price as recommended by Engineer and as provided in the GENERAL CONDITIONS. ARTICLE 6 — INTEREST 6.01 If the Owner fails to make payment within thirty (30) days after the receipt of the Contractor's application for payment, in addition to other remediesavailable to the Contractor, then shall be added to each such payment interest in accordance with Section 34.057 RSMo as amended. n ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS 7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: A. Contractor has examined and carefully studied the Contract Documents (including the Addenda) and other related data identified in the Bid Documents. B. 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. C. 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. D. Contractor has carefully studied all: (1) 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; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. 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. E. Contractor has obtained and carefully studied (or assumes responsibility of 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, and 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. F. Contractor does not consider that any additional examinations, investigations, explorations, tests, studies, or data are necessary for the performing and furnishing of the Work at the 00500.DOC 00500-3 8/16/01 DOCUMENT 00500 — AGREEMENT: continued Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. 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. H. Contractor has correlated the information known to Contractor, 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. I. 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. J. 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 8.01 CONTENTS: A. The Contract Documents which comprise the entire Agreement between Owner and Contractor concerning the Work consist of the following and may only be amended, modified, or supplemented as provided in the GENERAL CONDITIONS: 1. This Agreement. 2. Exhibits to this Agreement (enumerated as follows): a. Notice to Proceed. r , b. Contractor's Bid. C. Documentation submitted by Contractor prior to Notice of Award. 3. Performance, Payment, and other Bonds. 4. General Conditions. 5. Labor -Related Regulations. 6. Specifications consisting of divisions and Sections as listed in table of contents of Project Manual. 7. Drawings consisting of a cover sheet and sheets as listed in the table of contents thereof, with each sheet bearing the following general title: Perryville Road / Lexington Avenue Water Main Extension 8. Addenda numbers to 'inclusive. 9. 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 the GENERAL CONDITIONS. ARTICLE 9 - MISCELLANEOUS 9.01 TERMS: A. Terms used in this Agreement which are defined in the GENERAL CONDITIONS shall have the meanings stated in the GENERAL CONDITIONS. 9.02 ASSIGNMENT OF CONTRACT: A. 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 00500-4 00500.DOC 8/16/01 (4011) DOCUMENT 00500 —AGREEMENT: continued W 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. 9.03 SUCCESSORS AND ASSIGNS: A. Owner and Contractor each binds himself, his partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract. Documents. 9.04 SEVERABILITY: A. 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. 9.05 PROTEST PROVISIONS: A. Owner and Contractor each agree to the protest provisions specified in the Contract Documents. IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in triplicate. One counterpart each has been delivered to Owner, Contractor, and Engineer. All portions of the Contract Documents have been signed, initialed, or identified by Owner and Contractor or identified by Engineer on their behalf. 00500.DOC 00500-5 8/16/01 This Agreement will be effective on Date of the Agreement. CONTRACTOR By:_ Title: (SEAL) Attest Address for giving notices - License No. (if required by Law) Agent for Service of process (if required by law) (If Contractor is a corporation, attach evidence of authority to sign.) END OF DOCUMENT 00500 OWNER By:_ Title: 20_, which is the Effective (SEAL) Attest Address for giving notices (If Owner is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of Agreement) Approved As to Form: By: Attorney For: 00500.DOC 00500-6 8/16/2001 W" V i CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 283 Agenda October 15, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing City Manager to Enter Into a License and Indemnity Agreement with PAR Investment Properties, L.C. Mr. Rodney Arnold, Managing Partner of PAR Investment Properties, L.C. , is in the process of building a home at 2516 Carriage Crossing. The original design of this subdivision provided for ditches in front of the properties to carry the storm water to an inlet in the street. However, Mr. Arnold prefers to place a covered storm drain in the ditch to carry the storm water to the inlet. In order to do this, the pipe would need to be placed in the city's street right of way. An evaluation of this request has been made by city staff and it has been determined that these improvements will present no detrimental effect to the city, will not be an obstruction, and will not interfere with any utilities on the property. The attached License and Indemnity Agreement sets out the responsibilities, conditions, and liabilities assumed by Mr. Arnold if the City allows their request to use city right-of-way as requested. The attached resolution authorizing the City Manager to enter into a License and Indemnity Agreement with PAR Investment Properties, L.C. is presented for Council consideration. Respectfully submitted, k A. Lester, P.E. ' Coity Engineer j Michael G. Miller City Manager r) BILL NO. 2001-207 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND INDEMNITY AGREEMENT WITH PAR INVESTMENT PROPERTIES, LC, TO PLACE CERTAIN IMPROVEMENTS ON CITY RIGHT-OF-WAY AT 2516 CARRIAGE CROSSING BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a License and Indemnity Agreement with PAR Investment Properties, LC, to place certain improvements on City right-of-way at 2516 Carriage Crossing in the City of Cape Girardeau, Missouri. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad City Clerk LICENSE AND INDEMNITY AGREEMENT In consideration of the City Council of the City of Cape Girardeau, Missouri, granting PAR Investment Properties, LC permission to place certain improvements on City easements which are in the street right of way of 2516 Carraige Crossing in the City of Cape Girardeau, Missouri, Cape Girardeau County, Missouri. 1. The City of Cape Girardeau, Missouri, hereby grants to Properties, LC a license to place certain improvements to wit: PAR Investment Running a storm pipe along city right of way 2. Licensees , and their successors, heirs and assigns all agree as follows: A. That they will assume all risk of personal injury or death and property damage or loss from whatever causes arising while any person approaches, enters, uses or leaves the aforementioned _right-of-way, which may occur directly or indirectly from the placing of said improvements on City right-of-way. B. That they do hereby release the City of Cape Girardeau, its officers, employees, agents, servants and assigns from any liability which might occur from the placing or use of such improvements. C. That they will indemnify and hold harmless the City of Cape Girardeau, its officers, employees, agents and servants from all suits and actions of every name and description brought against the City, its officers, employees, agents and servants for or on account of any injuries or damages received or sustained by any parties or alleged to be -1- nreceived or sustained by any parties or party which may result directly or indirectly from the placing or use of said improvement on City right-of-way. D. That they will keep said improvements which are placed on the City right-of-way in a state of good repair and will cooperate with the City by making necessary repairs as requested by the City so as to protect the health and safety of the Citizens. E. Nothing in this agreement or actions of the City in granting permission to place said improvements on the described right-of-way shall be construed to give them any irrevocable rights to keep said improvements on such right-of-way. The City Council reserves the right to order the removal and cause said improvements to be removed in the future at the cost of them , or their successors and assigns, should the City Council determine this to be in the best interest of the City. In such event, they or their successors and assigns, agree nto remove said improvements within thirty (30) days of notice. Should they or their r) successors, heirs or assigns fail to comply with any of the terms of this agreement, the City of Cape Girardeau reserves the right to make any repairs or alterations deemed necessary by the City of Cape Girardeau by giving them , or their successors, heirs or assigns, thirty (30) days notice and such persons , successors, heirs or assigns hereby agree that they will pay for any costs incurred by the City for such repairs or alterations and upon their failure to pay such costs the City may issue tax bills which shall become a lien against the land now owned by them. 3. This license and the covenants herein contained shall run with the land and inure to and be binding upon the successors, heirs and assigns of the respective parties. -2- IN WITNESS WHEREOF, the parties hereto have caused this a ree"to.be executed this day of , 2001. Managing Partner Michael G. Miller, City Manager ATTEST: Gayle L. Conrad, Deputy City Clerk STATE OF MISSOURI ) ) SS. COUNTY OF CAPE GIRARDEAU ) On thistle day ofAp&pqh2, 20a_, before me personally appeared to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in said County and State the day and year first above written. My Commission Expires: ELL rNotaiqy Public - Notary Seal tate of Missouri of Cape Girardeau mission Exp. O8lI1R005 -3- N 2 W STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 20_, before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed on behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. My Commission Expires: October 8, 2005 Delores G. Needham, Notary Public -4- W� CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 284 Agenda October 15, 2001 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: SUBJECT: A Resolution Authorizing an Application to the Lewis and Clark Bicentennial Commission of the Missouri Department of Natural Resources Corps of Discovery Grant Program for the Red House Interpretive Center Project This Resolution will authorize the staff to apply to the Department of Natural Resources for the second round of Corps of Discovery Grant funds for the Red House Interpretive Center. Funding from the grant will be used to purchase added inventory for the museum, stockade fencing, security lighting and heating and cooling of the building. The Center will be located on the parking lot situated east of Murtaugh Park and south of the Merriwether Pumping station. The application is being submitted at the request of, and on behalf of, the local Lewis and Clark Bicentennial Committee. The Committee plans to open the Red House Interpretive Center to the public for the local November 23, 2003 celebration of the Lewis and Clark Bicentennial. In May, the Council approved an application to the Department of Natural Resources for the first round of Corps of Discovery Grants. In August, the City received notification that it had been award the $15,000 grant to supply inventory and provide interpretive signage for the Red House Interpretive Center. The City also received notice in September that the project had been awarded $97,000.00 in funds from a TEA -21 grant application to construct the center. The Red House Interpretive Center will house exhibits highlighting transportation and early history of the region and will also include a reproduction trading post, showcasing the type of goods that were shipped into the area by boat in exchange for flus and agricultural products. Native American life in this area during the 1700 and 1800's will also be exhibited Attached is a location map showing the general location of the Interpretive Center. Members of the local Lewis and Clark Bicentennial Committee will be present at the Council meeting and study session to answer any questions the Council might have. The estimated cost of this project is $50,000, of which $25,000 is federal and $25,000 is local match.. The local match required will be provided by the Lewis and Clark Bicentennial Committee. Honorable Mayor and Council Agenda October 15, 2001 Page 2. It is recommended that the Council adopt the attached Resolution authorizing the City to apply for Corps of Discovery Grant program funds for the Red House Interpretive Center Project. acAlly Submitted, 1GI. Bratton :tor of !l ening Services Michael G Miller City Manager KMB/MGM/bds Attachment u BILL NO. 2001- 208 RESOLUTION NO A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING APPLICATION TO THE LEWIS AND CLARK BICENTENNIAL COMMISSION OF THE MISSOURI DEPARTMENT OF NATURAL RESOURCES CORPS OF DISCOVERY GRANT PROGRAM FOR THE RED HOUSE INTERPRETIVE CENTER PROJECT, AND EXECUTION OF ALL NECESSARY GRANT DOCUMENTS BE IT RESOLVED BY THE COUNICL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: WHEREAS, The Lewis and Clark Bicentennial Commission of the Missouri Department of Natural Resources has set aside funds through a second round of the Corps of Discovery Grant Program for the Lewis and Clark Bicentennial celebration activities and projects, and; WHEREAS, The Lewis and Clark Bicentennial Commission of the Missouri Department of Natural Resources is charged with administering such funds and projects in the State of Missouri, and; WHEREAS, the City of Cape Girardeau has needs which may be addressed through the State of Missouri's Corps of Discovery Grant Program among which is the construction and operation of the Red House Interpretive Center to be located on the South Main Street/Aquamsi parking lot; NOW, THEREFORE BE IT RESOLVED, by the City of Cape Girardeau, Missouri, that the City desires to apply to the Lewis and Clark Bicentennial Commission for funds for the improvement of the community under the activities authorized pursuant to the Corps of Discovery Grant Program. THEREFORE BE IT FURTHER RESOLVED, that the City Manager of the City of Cape Girardeau, Missouri, hereby is authorized to prepare and submit documents, which are necessary in apply for funding, and to sign all necessary documents if funding is awarded. PASSED AND ADOPTED THIS DAY OF ,2001. A.M. Spradling, III Mayor ATTEST: Gayle L. Conrad City Clerk CP C — 0 f5� ? 60 • 103 84' W 75' 1,0 ;;' t8o to l4% t b , 4 10 d CITY OF N — — CAPE GIRARDEAU M. ,.' CITY PARKING LAT-. (2lcq 3.IA(C) 1t V. O t80' M m 7 6 �= 5 �0. .. 214 40' . 15 Q t8tJ [` 9ccv `�/sJ _o - 2t4 - a (5j l a I� 100' N (4) ' I tOD 2 -0, 40 ILS o 3OD 37. b iv o� 730 `r Red Hous Q _ -8 Inter retiv Center NST. (VINCENT Q tflUkCH 8 SCHOOL � }. M - c Q — —r� id I �r _ N (/B) (/7j 8 � s0'(s) 180' 601 I PORTION i 214' 1001 21-111-00 W1LL1A"1 �� _ 8535 � o OD CITY OF CAPE GIRARDEAU Office of the City Manager - October 15, 2001 - The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Council Letter No. 285 Subject. Supplement No. I to the FAA Master Site Lease DTFA09-97-L15806 Addition of the Automated Surface Observing System (ASOS) at the Cape Girardeau Regional Airport. Dear Mayor and Council Members: Originally, the site for the Automated Surface Observing System (ASOS) at the Cape Girardeau Regional Airport was on a license between the Department of Commerce and the City of Cape Girardeau. Effective May 1, 2001, the Federal Aviation Administration (FAA) took over operation of the ASOS. As such, the attached supplement adds the sites to the FAA Master Site Lease and replaces the existing license. The supplement also corrects the FAA address as listed in Article 14 of the Master Site Lease. This lease agreement has been reviewed and endorsed by the Airport Advisory Board. It is recommended that the City Council approve a resolution authorizing the City Manager to enter into an agreement with the Federal Aviation Administration for supplement No. 1 to the FAA Master Site Lease DTFA09-97-L15806 for the addition of the Automated Surface Observing System (ASOS) at the Cape Girardeau Regional Airport. fully submitted, X- J J. Loy Manager Michael G. Miller City Manager BILL NO. 2001-211 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENT NO. 1 TO THE MASTER SITE LEASE, WITH THE FEDERAL AVIATION ADMINISTRATION, AT THE CAPE GIRARDEAU REGIONAL AIRPORT, FOR THE AUTOMATED SURFACE OBSERVING SYSTEM 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 Supplement No. 1 to the Master Site Lease (Contract No. DTFA09- 97-L-15806, dated January 1, 1998), with the Federal Aviation Administration at the Cape Girardeau Regional Airport, for installation and maintenance of the Automated Surface observing System (ASOS). A copy of said Supplement No. 1 is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF 20 ATTEST: Gayle L. Conrad, City Clerk n A. M. Spradling, III, Mayor . DEFARVMENT OF TRANSPOW - TION FEDERAL AVIATION ADMIN_ .'RATION CENTRAL REGION CONTRACT SUPPLEMENT Supplement .o. 1 To Contract No.DTFA09-97-L-15806 Dated January 1, 1998 For Master Site Lease _ At Cane Girardeau Municipal Al brt Cape Girardeau, Missouri Contract No. DTFA09-97-L-15806 is hereby amended to add the sites and rights for installation and maintenance of the Automated Surface Observing System (ASOS) in accordance with the legal description and drawings attached hereto and made a part hereof. Additionally, Article No. 14, NOTICES, of the Master Site Lease shall be changed as follows: From: TO GOVERNMENT: Federal Aviation Administration Real Estate._& Utilities Team ATTN: ACE -56 601 East 12`h Street Kansas City, MO 64106 To: TO GOVERNMENT: Federal Aviation Administration Real Estate Branch ATTN: ACE -56 901 Locust Street Kansas City, MO 64106 All other terms and conditions of Contract No. DTFA09-97-L-15806 shah remain the same. Supplement No. 1 shall become effective May 1 2001 Executed this day of By Titl 20 CITY OF CAPE GIRARDEAU, MISSOURI UNITED STATES OF AMERICA By Sally J. Chafa Title Real Estate Contracting Officer IN W CORPORATE CERTIFICATE (If contractor is a corporation, the following certificate shall be executed by the Secretary or Assistant Secretary.) I, , certify that I am the of the corporation named as the contractor in the above supplement; that , who signed said supplement on behalf of the contractor, was then of said corporation; that said supplement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. (CORPORATE) ( SEAL ) CE FORM 4423-1 (1/88) W Cape Girardeau Municipal Airport Cape Girardeau, Missouri (CGI) ASOS SITE DESCRIPTION ASOS Combined Sensor GroupWnd Tower A 35' X 55' tract of land situated in the W1/2 of Section 35, Township 30 North, Range 13 East of the Fifth Principal Meridian, Scott County, Missouri, being approximately 418 feet southwest of Runway 10-28 centerline and approximately 1,033 feet southeast of Runway 10 threshold, Cape Girardeau Municipal Airport, Missouri, containing 0.04 of an acre, more or less. ACU Equipment/UHF Antenna Note: These facilities are collocated with the Government -leased space in the Airport Terminal Building; accordingly, no additional real estate rights are required from the City of Cape Girardeau, Missouri. Lease Clause for Restrictive Clear Zone The Lessor agrees not to erect or allow to be erected any structure or obstruction of whatsoever kind or nature within a 100 -foot radius from the center of the ASOS Combined Sensor GroupWnd Tower site plot that may interfere with the proper operation of said ASOS facilities. In addition, the Lessor shall provide vegetation control within subject restrictive clear zone, not allowing any growth to exceed ten (10) inches in height. r) w Cape Girardeau, MO Cape Girardeau Municipal Airport (CGI) Rev. 1 Plan 1 SITE LOCATION PLAN 1:24.000 SCALE 1000' TO END OF RWY 10 EXISTING GLJDE i SLOPE SHELTER I EXISTING GLIDE _,� SLOPE TOWER (32' HIGH) EXISTING TRANSFORMER PLANNED ASOS WIND TOWER LOCATION Cape Girardeau, MO Cape Girardeau Municipal Airport (d%j Rev. 1 �c - [) LTi C�T I ! O EXISTING ROCK h ACCESS ROAD O o PLANNED ASOS ~ COMBINED SENSOR o GROUP LOCATION 75' lr_ SITE LIMIT LINE ® ASOS SENSOR AREA N ® EXISTING BUILDING 0 10' 20' PHOTO NUMBER SITE CIVIL LAYOUT PLAN AT RUNWAY 10 SCALE: 10=20, Plan 2 7 40' CITY OF CAPE GIRARDEAU Office of the City Manager - October 15, 2001 - The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Council Letter No. 286 Subject: Airport Terminal Blast Assessment Agreement with Applied Research Associates, Inc., ARA Proposal 6625 Dear Mayor and Council Members: In light of the September 11, 2001, terrorist attack on the World Trade Center, the Federal Aviation Administration (FAA) has implemented Emergency Amendments to our Federal Regulations which increase security measures at airports throughout the nation. One of the measures issued by the FAA most critical to airport operations is the directive "SCA3" to clear any unauthorized unattended, parked vehicles within 300 feet of any point of the airport terminal building. By meeting this directive, we have completely lost use of our airport parking lot and are now parking vehicles in recently developed gravel lots, as well as in the grass and side roads. The FAA also issued two standards for modification to this rule. One possible alternative is to physically inspect or search each vehicle parked within 300 feet of the terminal. The second alternative is to perform a blast damage analysis of our airport terminal. To meet this alternative the City must hire a certified explosive engineering firm to perform a blast analysis to "a response limit that will allow vehicles to park at a distance at which a life-threatening injury from blast or fragment hazards is unlikely". Staff feels that the second alternative is the best approach to what could be a long-term situation. The attached proposal from Applied Research Associates, Inc. (ARA) in the amount of $12,901, should result in a report from ARA, which will provide recommendations for the City to modify the terminal building to ensure against blast hazard at a particular distance. This analysis is necessary for the airport to apply to the FAA for a modification to Contingency Measure SCA3. The results should allow for a reduction to the 300 -foot rule. This agreement has been reviewed and endorsed by the Airport Advisory Board. The cost of this is not budgeted, however, we are planning to adjust our budget to accommodate this expense It is recommended that the City Council approve a resolution authorizing the City Manager to enter into an agreement with the Applied Research Associates, Inc. to perform Blast Assessment at the Cape Girardeau Regional Airport. ctfully submitted, W. Loy t Manager Michael G. Miller City Manager BILL NO. 2001-212 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT TERMINAL BLAST ASSESSMENT AGREEMENT WITH APPLIED RESEARCH ASSOCIATES, INC., AT THE CAPE GIRARDEAU REGIONAL AIRPORT 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 Airport Terminal Blast Assessment Agreement with Applied Research Associates, Inc., at the Cape Girardeau Regional Airport. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 20 ATTEST: Gayle L. Conrad, City Clerk W A. M. Spradling, III, Mayor M Blast Assessment of Airport Facilities Cape Girardeau Regional Airport ARA Proposal 6625 Oct. 2, 2001 (ARA POC: Joseph L. Smith, 601-638-5401, jsmith@ara.com) Abstract In light of terrorist events and the environment of enhanced risk to the critical infrastructure that supports the National Airspace System (NAS), the FAA has implemented increased security measures. One of the major threats in the current environment of enhanced risk is the increasingly devastating use of explosives. Protecting the flying public from potential terrorist attack requires a global system that relies on a careful balance of intelligence, security, and hardening. It requires not only the detection of explosives intended to board aircraft, but must also consider bombs directed at key FAA facilities such as TRACONs, Air Route Traffic Control Centers (ARTCC), Automated Flight Service Stations, and the nation's airports. Under the current "Guidance for Domestic Airport - Emergency Amendment — Modified Contingency Measure SCA3," dated September 21, 2001, the airports are required to control parking within 300 ft of their protected facilities and provide other increased security measures. An explosive size is specified in this document. In order to justify a request for a waiver from the general requirements, airports are required to submit a formal request accompanied by a blast assessment report. Scope Of Services: Given the guidance of the FAA in protecting people from the effects of blast, debris and fragments generated in an explosive attack and the requirement to minimize the potential for structural collapse, ARA proposes the following scope of services. Site Visit/Drawing Review: ARA will send one blast engineer to visit the airport facility and document the existing conditions along the land and airsides of the terminal buildings. Of particular interest are the exterior wall and window systems, access roadways, and parking facilities located at the airport. ARA will document the site visit with still photography and selected measurements as required to support the blast analysis effort. ARA will require architectural and structural drawings of the terminal and other protected facilities, as well as a scaleable site plan for use in the analysis effort proposed. 1 (4) Vulnerability Analysis: W ARA will develop a 3D model of the terminal facility and analyze the expected performance of the building for up to 4 explosive threat locations. ARA will use the FAA threat size in the analysis and retrofit efforts in accordance with FAA "Guidance for Domestic Airport Emergency Amendment — Modified Contingency Measure SCA -3" dated September 21, 2001. The goal of this analysis is to determine current conditions when exposed to the explosive threats and to have a baseline for comparison to the proposed hazard mitigation retrofits if they are needed. We will estimate the standoff distance currently required to meet the protection performance levels specified by FAA. Conceptual Upgrades: ARA will develop conceptual upgrades for the terminal building exterior walls and window systems to improve the performance in an explosive event. Berms and/or barriers will also be examined, if appropriate. Sketches of these upgrades and ROM costs can be developed for use in selection of upgrades to be implemented if technically and economically feasible. In addition to reducing risk, goals of this work include: 1) regain parking within the 300 ft range of the terminal if feasible, and 2) reduce recurring operational costs associated with extra security. ' Summary Report: ARA will document the findings of the site visit, blast vulnerability analysis, and summary report into an overall blast assessment report that will be given to the airport at the conclusion of the project. Five copies of the report will be submitted. Distribution should be limited due to the sensitive nature of the material. Optional Summary Briefing (not proposed herein): ARA can develop a summary briefing of the findings of the study and present it to the FAA and/or airport authority personnel, if requested. This is not proposed herein, but may be added to this work as a negotiated modification if desired. Cost & Schedule: The firm fixed price including labor and travel for this level of effort is $12,901. ARA will invoice upon submission of the report with payment due Net 30 days. ARA will work with the client to expedite this work to the greatest extent possible. Approved by ) Accepted by Airport: Fa CITY OF CAPE GIRARDEAU Office of the City Manager - October 15, 2001 - The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Council Letter No. 287 Subject: Commitment for Financial Assistance from the Missouri Transportation Finance Corporation for a New Bi -Fold Hangar Door Dear Mayor and Council Members: The East hangar door at the Air Evac hangar is a very old cloth roll up type door which has become a high maintenance liability to the City. The eighty (80) foot iron post, which wraps the cloth door when manuevered up and down, has literally fallen to the ground on at least one occasion. Additionally, the cloth door allows major gaps with wind in the Fall and Winter and is not economically efficient when considering heating for the hangar area. The Missouri Department of Transportation provides a state revolving loan program (STAR) for low interest loans to municipalities in the state. The state has approved such a loan in the amount of $52,000 for a new bi-fold hangar door to replace the old cloth one at Air Evac Aviation. The attached Letter of Commitment to the City of Cape Girardeau is a commitment from the City agreeing to make appropriate payments on a loan to the City in the amount of $52,000. This agreement has been reviewed and endorsed by the Airport Advisory Board. It is recommended that the City Council approve a resolution authorizing the City Manager to enter into an agreement with the Missouri Transportation Finance Corporation committing to financial assistance for the purchase of a bi-fold hangar at the Cape Girardeau Regional Airport. ,tfully submitted, c� W . W. Loy t Manager Michael G. M City Manager r) BILL NO. 2001-213 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A COMMITMENT FOR FINANCIAL ASSISTANCE WITH THE MISSOURI TRANSPORTATION FINANCE CORPORATION, FOR PURCHASE OF A BI -FOLD HANGAR DOOR AT THE CAPE GIRARDEAU REGIONAL AIRPORT BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute a Commitment for Financial Assistance with the Missouri Transportation Finance Corporation, for purchase of a bi-fold hangar door at the Cape Girardeau Regional Airport. A copy of said Commitment is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF ATTEST: Gayle L. Conrad, City Clerk 29 20 A. M. Spradling, III, Mayor M� TT�� fes. C'�� P.O. Box 270. Jefferson City, MO 65102 (573) 526-2561 FAX (573) 526-2819 October 3, 2001 Bruce W. Loy, Airport Manager City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63701 Re: Commitment for Financial Assistance Dear Mr. Loy: I. The City of Cape Girardeau (the Applicant), has submitted to the Missouri Highways and Transportation Commission (the Commission) an MTFC application for financial assistance in the form of a direct loan (the Loan) to the Applicant from the State Transportation Assistance Revolving (STAR) Fund for the purpose of assisting the Applicant to build a new bi-fold hangar door (the Project). The funding, promotion, planning, designing, acquiring, constructing, reconstructing, rehabilitating, renovating, installing, improving, maintaining, operating or furnishing, as applicable, of the Project is herein referred to as the "development" of the Project. The Applicant'; application has been considered by the Missouri Department of Transportation's (MoDOT) STAR Fund Review Committee, as authorized by the Commission. Based upon this review, the Committee has determined that (a) the Project qualifies for financial assistance from the STAR Fund; (b) development of the Project will improve or is a necessary or desirable extension of the state transportation system; and (c) including the financial assistance of the STAR fund herein described, it appears the Applicant will have adequate funds to finance the Project. II. On the basis of the foregoing and subject to the conditions hereinafter set forth, and with the fiuther understanding that the representations of the Applicant contained in the application will remain true as of the Closing Date (as hereinafter defined), the Commission agrees to make the Loan to the Applicant in the principal amount of Fifty -Two Thousand Dollars ($52,000.00) according to the terms set forth on the Term Sheet attached hereto as Attachment A. The Loan shall be made pursuant to a loan agreement (the Loan Agreement) in form and substance satisfactory to the Commission. The Loan shall be disbursed as provided and subject to the conditions contained in the Loan Agreement. y r) Mr. Bruce W. Loy 10/03/01 Page 2 The Applicant shall provide the MTFC, who will administer the loan on behalf of the Commission, with compiled audited annual financial statements of the Applicant within six months of the end of each fiscal year of the Applicant throughout the term of the Loan. The annual financial statements shall be accompanied by a certification of the Applicant to the effect that the Applicant is not in default under any of its obligations under the Loan Agreement or under any other agreement involving the development of the Project and, if a default exists, shall include a description of the actions being taken to cure that default. IV. The "Closing of the Loan" shall mean the execution and delivery of the Loan Agreement, and any and all other instruments and documents deemed by the Commission and it's counsel to be necessary or desirable to evidence or secure the Loan. The Closing of the Loan shall occur not later than the one hundred twentieth (120th) calendar day after the date hereof, or such earlier date as may be mutually agreed upon in writing by the Applicant and the Commission (the Closing Date). The Closing of the Loan shall not occur until all conditions specifically described herein and set forth in the Loan Agreement have been fulfilled and such additional items as the Commission may request, each in form and content satisfactory to the Commission, have been executed and delivered or furnished. At the written request of the Applicant setting forth the reasons therefore and received at least twenty (20) days prior to the Closing Date, the Commission may, but shall be under no obligation to, postpone the Closing Date to a date later than that specified above. No such postponement will be deemed to have been granted unless stated in a writing signed by the Commission or its authorized representative specifying the length of the extension given. If for any reason the Closing Date shall not have occurred on or before the one hundred twentieth (120th) calendar day after the date hereof or such subsequent date as the Commission or its authorized representative shall have specified in writing pursuant to the preceding sentence, this commitment shall automatically terminate and, subject to the provisions as to payment of costs and expenses set forth below, be of no further force and effect. For purposes of this paragraph, time is of the essence. V. By accepting this commitment, the Applicant agrees to pay all costs and expenses incurred by the MTFC on behalf of the Commission incident to the Closing of the Loan and disbursement of the Loan, including, without limitation, the application fee charged by the MTFC, taxes and assessments of any nature, recording fees, insurance premiums, registration taxes, expenses for examination and evidence of title and appraisal fees. The Applicant fiuther agrees to defend, indemnify and hold the MTFC, its directors, officers, employees and agents and any officials, employees or agents of the Commission, the Missouri Department of Transportation (MoDOT) or of the State of Missouri with respect to the Loan Mr. Bruce W. Loy 10/03/01 Page 3 harmless against any and all loss, cost, expense, claims or actions arising out of or connected with the execution and delivery of this commitment and the preparation and execution of documents relating to the Closing of the Loan and the disbursement of the Loan, including all aforementioned costs and expenses, regardless of whether or not the Closing Date or disbursement of the Loan shall actually occur. The provisions of this paragraph will survive the termination of this commitment and the Closing of the Loan. If the Applicant fails to meet any requirements contained herein on or before the Closing Date, the Commission or its authorized representative shall have the right to cancel and terminate this commitment. The Applicant may not assign this commitment or any interest herein without the express written consent of the Commission or its authorized representative. No person other than the Applicant shall be deemed to have any privity of contract hereunder nor any right of action of any kind hereon. Prior to the Closing of the Loan, the Applicant may take such preparatory actions concerning the Project as it deems appropriate. Such actions shall be taken, however, only with the express understanding that the incurrence of costs with respect thereto shall be solely the responsibility of the Applicant and will not alter any requirement herein or in the Loan Agreement as to conditions to the Closing of the Loan or disbursement of the Loan. The agreement of the Commission to make the Loan and to disburse the Loan is subject to and conditioned upon the availability of sufficient money, not previously committed, held by the State Treasury for the STAR Fund and subject to approval of the Loan by the Commission or its authorized representative. Any obligation of the Commission and MoDOT created by or arising out of this commitment or with respect to the Loan shall not constitute a general debt or general obligation of the Commission, or a commitment, guarantee, debt or obligation of the State of Missouri or the United States or be payable other than from funds held by the State Treasury - STAR Fund. The Commission has entered into this commitment solely in its official capacity and no members shall be personally liable or in any way personally obligated by reason hereof. Mr. Bruce W. Loy 10/03/01 Page 4 r) VI. If the terms of the proposed Loan are acceptable to the Applicant, please so indicate by executing four (4) copies of this commitment in the space provided and return the four (4) executed copies hereof, to the MTFC c/o Missouri Department of Transportation, 105 West Capitol Avenue, P.O. Box 270, Jefferson City, MO 65102. This commitment shall expire if not accepted by the Applicant and received by the MTFC on or before the twentieth (20th) calendar day after the date hereof. ACCEPTED on the n Very truly yours, MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION Mel 6undermeyer Director of Multimodal Operations day of , 2001. CITY OF CAPE GIRARDEAU, MISSOURI L8.5 Title: Copy: Patty Purves, MoDOT, Resource Management Beverly Schepers, MoDOT, Comptroller's Office Pete Donovan, Chief Counsel's Office jAormisib\ttaecity of cape gimrdeau loc.doc n EXHIBIT A MHTC Term Sheet 39 Lender: Missouri Highway and Transportation Commission (the MHTC or the Lender) Borrower: The City of Cape Girardeau (the Borrower) Amount. $52,000.00 Purpose: The Borrower will use the loan proceeds to construct a new bi-fold hangar door. at the Cape Girardeau Regional Airport Interest Rate: The Interest Rate for the Direct Loan means a rate of interest equal to three-fourths of the MMD "Municipal Yield Curves" an 'AA' 7 year maturity (2.84%) Term: 7 years Repayment: Equal monthly installments of principal and interest beginning the last day of the month following the month of closing. Disbursement: This loan will be disbursed following the Closing and receipt by MoDOT of a copy of the Project's Notice of Award to the contractor. Closing Date: The Closing Date for the Direct Loan is expected to be on or about December 14, 2001, or another date which is mutually agreeable by the Lender and the Borrower. Optional Redemption: The principal amount of the Direct Loan may be paid in whole or in part at the option of the Borrower on any date upon 30 days written notice in an amount equal to the principal balance plus accrued interest to the date of redemption. Guarantee: The loan shall be guaranteed by the City of Cape Girardeau as evidenced by a Resolution of the City Council/Board stating that the City reasonably believes that legally available funds in an amount sufficient to make all Loan Payments when due can be obtained and that the City will do all things lawfully within its power to obtain and maintain funds from which payments can be made through the budgeting and appropriation process. Security This loan shall be evidenced by a note, loan agreement, security agreement and all Documents: other documents required by the MHTC or its counsel, on forms acceptable to the MHTC Method of The Direct Loan interest and principal payments will be made by an automated Payment: clearinghouse transaction. An agreement authorizing the Lender to initiate debit entries to the Borrower's account will be signed by the Borrower at closing. V L*] City of Cape Girardeau, Missouri Office of the City Manager Council Letter No. 288 Agenda October 15, 2001 The Honorable Mayor and Members of the City Council Dear Mayor and Council Members: RE: AFLAC Supplemental Insurance The Employee Health and Dental Insurance Team after significant research and receiving several proposals back in March/April, recommended that the City offer access to a broad based supplemental insurance program. The program would be optional for all full time employees and at no cost to the City. By offering the program on a voluntary basis and providing payroll deduction for those that participated, we could offer this benefit to the employees at group rates and through the tax savings plan. For a number of reasons, the contract documentation has been slow in being finalized. The program became effective July 1, 2001, but it was October 10, 2001, before wexeceived the contracts with the correct information and signatory sections. Secondarily, United Missouri Bank (UMB) currently provides the administration of our IRS Section 125 Tax Savings plan on a fee for service basis. Our fees have been between $3,200 and $3,800 per year. AFLAC will provide this same service without charge. We are presently looking into the possibility of changing from UMB to AFLAC for this service beginning January 1, 2002. Staff recommends the Council approve this resolution authorizing the City Manager to execute these contracts with AFLAC. Respectfully submitted, Dwrie Ward Manager Director 0 BILL NO. 2001-214 RESOLUTION NO. A RESOLUTION ADOPTING A FLEXIBLE BENEFITS PLAN WITH AMERICAN FAMILY LIFE ASSURANCE COMPANY (AFLAC), FOR THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City of Cape Girardeau, Missouri, wishes to adopt a cafeteria plan within the context of Section 125 of the Internal Revenue Code for the benefit of the City's eligible employees. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the City of Cape Girardeau, Missouri, hereby adopts the Flexible Benefits Plan with American Family Life Assurance Company (AFLAC) (consisting of the flexible benefits plan documents, the Adoption Agreement and component benefit plans and Policies, copies of which are attached hereto as Exhibit "A") for the City of Cape Girardeau, Missouri, effective as of the date specified in the Adoption Agreement. ARTICLE 2. That the City Manager, or his designee may, without a further resolution, execute the Adoption Agreement and any related documents or amendments which may be necessary or appropriate to adopt the plan or maintain its compliance with applicable federal, state and local laws. PASSED AND ADOPTED THIS DAY OF 20 ATTEST: Gayle L. Conrad, City Clerk r) A. M. Spradling, III, Mayor 05-14-01 MS KAREN STRONG CITY OF CAPE GIRARDEAU 401 INDEPENDENCE CAPE GIRARDEAU, MO 63703 Dear MS KAREN STRONG: Welcome to AFLAC's FLEX ONE Cafeteria Program. Enclosed in this packet are the [ necessary forms to establish a cafeteria plan with the assistance of FLEX ONE. 1) Flexible Benefits Plan Document - containing the Adoption Agreement and Table of Contents. Each separate document should be executed and one copy sent to AFLAC FLEX ONE for our records. 2) Corporate Resolution - to be executed and kept by employer. 3) Summary Plan Description - one copy should be distributed to each eligible employee (regardless of whether they actually choose to participate) by the employer. 4) Once the Plan is in Operation - pertinent information. You should carefully review the Flexible Benefits Plan Document and Summary Plan Description E to verify that all of the information concerning benefits offered; eligibility, plan administration and funding have been correctly produced. Due to the complexity of cafeteria plans, we recommend that you consult with your accountant, o attorney or other tax advisor concerning the plan provisions, administration and operation before executing the plan documents. You should note that these documents are documents typical of a plan M intended to qualify as a Section 125 cafeteria plan with the terms and conditions thereof, and that they may need to be modified to conform to your individual circumstances. AFLAC has developed these documents with legal counsel and it is AFLAC's intent and belief that the documents in form satisfy the requirements of Code Section 125. However, AFLAC is not in the business of offering legal counsel or tax advice, and thus AFLAC cannot and does not make any representations about the legal or tax effect of these documents upon any particular employer. a Therefore, it is each employer's responsibility to determine, with the assistance of the employer's own legal counsel, the suitability of these particular documents and the legal and tax effect of these plan M o documents upon the employer and its employees. PROC2Y7A.4 — � APIAC Administrative Services • FLEX ONE' • A Service of American Fundy We Assurance Company of Columbus (AFDC) Worldwide Headquarters: 1932 Wynnton Rout • Columbus, Georgia 31999 • 8W/323-5391 ti..•,�,� _ Since AFLAC has no control over your subsequent modification and/or administration of the Plan, and the Internal Revenue Service will not render an opinion as to a plan's qualified status under err IRS Code Section 125, AFLAC makes no representation (express or implied) as to your Plan's qualification under IRS Code Section 125 and related provisions as it is adopted and subsequently amended. Furthermore, you as sponsoring employer bear sole responsibility for amending your plan (as necessary) to comply with future tax law changes, for meeting all reporting and disclosure requirements imposed by federal law, and for the daily administration of your plan. If your Company is related to any other company through stock ownership or otherwise (e.g., partnership, relatives owning other company, etc.), you may need to consider the employees of the affiliated company for purposes of nondiscrimination testing even if the affiliated company does not adopt this plan, or adopts an entirely separate plan. In addition, if the requirements of IRS Code Section 414(b), (c), (m) or (o) are satisfied, the employees of the affiliated company may be able to participate in this plan. You should consult with your tax advisor concerning the potential impact of IRS Code Section 414(b), (c), (m) and (o). Please note that your cafeteria plan will not be effective until your plan is adopted, and the Plan Documents must be signed PRIOR TO THE EFFECTIVE DATE. Once you have executed the Flexible Benefits Plan Document and Corporate Resolution, if applicable, you need to send an executed copy of the Adoption Agreement to FLEX ONE so your adoption of the cafeteria plan can be verified. Note that while the Plan and related documents are copyrighted, AFLAC gives you limited permission to copy the documents as necessary for distribution to your employees for use solely in the operation of your own cafeteria plan. 0 FLEX ONE will send you an Employer's Administration Manual which details your responsibilities as Plan Administrator of your cafeteria plan. AFLAC will make its best efforts to provide employers information from time to time about developments concerning Section 125 plans. However, for reasons stated above, it is the employer's responsibility to maintain the qualified status of the Section 125 plan, in form and in operation. Should you have any questions concerning the FLEX ONE Cafeteria Program, you may contact us at 1-800-323-5391 between the hours of 8:30 a.m. and 7 p.m. Eastern time, Monday through Friday. Sincerely, Robert M. Ottman Second Vice President FLEX ONE Administration pROC2D7A.4 ONCE THE PLAN IS IN OPERATION Compliance with Certain Legal Requirements summarized in the [checklist of Plan Sponsor responsibilities included in the Plan Document Request form] is the responsibility of each Flex One Plan Sponsor. If you have questions with these requirements please consult with your Legal or Tax Advisor. Some of the applicable legal requirements are highlighted below: New Employees should be enrolled into the Cafeteria Plan as they become eligible and satisfy any applicable waiting period by distributing a Summary Plan Description (SPD) and Salary Redirection Agreement to them at least thirty (30) days prior to their eligibility and notifying your AFLAC representative as to their eligibility. (Note: if your employees are eligible to participate as of the date they commence employment, you need to distribute the SPD and Salary Redirection Agreement 'to them on their first day of work, and require that they enroll as soon as possible (generally during the next thirty (30) days). Pre-tax benefit elections should only be effective prospectively after the election is made. Rehired Employees who are rehired within 30 days or less of the date of termination of employment will be reinstated with the same election(s) such individuals had before termination. If a former employee is rehired more than 30 days following termination of employment and is otherwise eligible to participate in the Plan, the individual may make a new election. Benefit Election Changes employees generally cannot change their election to participate in the Pre-tax Premium payment option or vary the Pre-tax Premiums they have selected. Employees may change their elections for Pre-tax Premiums only during the Annual Enrollment Period, and then, only for the coming Plan Year. There are several important exceptions to this general rule: employees may change or revoke their previous election for Pre-tax premiums during the Plan Year if they file a written request for change with the Plan Administrator within 30 days of any of the following events. 1) A Change in Status will enable a current participant to change or terminate a Salary Redirection Agreement. It will also enable an employee who is otherwise eligible to be a participant, but who failed to complete a Salary Redirection Agreement during the enrollment period, to become a participant and file a Salary Redirection Agreement. However, the election under the new Salary Redirection Agreement must be made on account of and correspond with the Change in Status. As a general rule, this means the event must impact coverage eligibility under an employer plan. [The specific consistency requirements are described in more detail in the Plan document]. For this purpose, a Change in Status is limited to the following: (a) Legal Marital Status: A change in a Participant's legal marital status, including marriage, death of a Spouse, divorce, legal separation or annulment; (b) Change in Number of Tax Dependents: A change in the Participant's number of tax Dependents, including the birth of a child, the adoption or placement for adoption of a Dependent, or the death of a Dependent. (c) Change in Employment Status: Any change in employment status of the Participant, the Participant's Spouse or the Participant's Dependents that affects benefit eligibility under a cafeteria a plan (including this Plan) or other employee benefit plan (including the Benefit Plan(s) or Policy(ies) of the employer of the Participant, the Spouse or Dependents. Such events include any of the following changes in the employment status of the Participant, the Participant's Spouse or the Participant's Dependent: termination or commencement of employment, a strike or lockout, a commencement of or return from an unpaid leave of absence, a change in worksite, switching from salaried to hourly paid, union to non union, or part-time to full time; incurring a reduction or increase in hours of employment or any other similar change which makes the individual become (or cease to be) eligible for a particular employee benefit. i c 1 �o C PROC2976.4 (d) Dependent Eligibility Requirements: An event that causes a Participant's Dependent to satisfy or cease to satisfy the Dependent eligibility requirements for. a particular benefit, such as attaining a specked age, getting married, or ceasing to be a Student; (e) Change in Residence: A change in the place of residence of the Participant, the Participant's Spouse or the Participant's Dependent. 2) Special HIPAA Enrollment Rights. If a Participant, a Participant's Spouse or a Participant's Dependent is entitled to special enrollment rights under a group health plan, as required by HIPAA, and medical coverage was declined under the group health plan because of outside medical coverage and eligibility for such coverage is subsequently lost due to legal separation, divorce, death, termination of employment, reduction in hours, or exhaustion of the maximum COBRA period, or a new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption, then a Participant may revoke a prior election for health or accident coverage and make a new election (including salary redirection election), provided that the election corresponds with such special enrollment right. For purposes of this provision: i) an election to add previously eligible Dependents as a result of the acquisition of a new Spouse or Dependent child shall be considered to be consistent with the special enrollment right; and ii) a HIPAA special enrollment election attributable to the birth or adoption of a new Dependent child may, subject to the provisions of the underlying group health plan, be effective retroactively (up to 30 days). 3) Certain Judgments, Decrees and Orders. If a judgment, decree, or order (an "Order") resulting from a divorce, legal separation, annulment or change in legal custody (including a qualified medical child support order) requires accident or health coverage for a Participant's Dependent child (including a foster child who is a Dependent of the Participant), a Participant may: i) change his or her election to provide coverage for the Dependent child (provided that the Order requires the Participant to provide coverage), or ii) change his or her election to revoke coverage for the Dependent child if the Order requires that another individual (including the Participant's Spouse or former Spouse) provide coverage under that individual's plan. � J 4) Medicare and Medicaid. If a Participant, a Participant's Spouse, or a Participant's Dependent who is enrolled in a health or accident benefit under this Plan becomes entitled to Medicare or Medicaid, the Participant may prospectively reduce or cancel the health or accident coverage of the person becoming entitled to Medicare or Medicaid. Further, if a Participant, a Participant's Spouse, or a Participant's Dependent who has been entitled to Medicare or Medicaid loses eligibility for such coverage, the Participant may prospectively elect to commence or increase the health or accident coverage of the individual. 5) Change in Cost. The following rules are not applicable to Health Care Expense Reimbursement accounts under the Plan. (a) Increase or decrease for insignificant cost changes. Participants are required to increase or decrease their elective contributions to reflect insignificant increases or decreases in their required contribution (as determined by the Plan Administrator in its sole discretion on a uniform and consistent basis) for the Benefit Plan(s) or Policy(ies) provided under the Plan. The Plan Administrator, on a reasonable and consistent basis, will automatically effectuate this prospective increase or decrease in affected employees' elective contributions in accordance with such cost changes. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether increases or decreases in costs are "insignificant" based upon all the surrounding facts and circumstances, including, but not limited to, the dollar amount or percentage of the cost change. (b) Significant cost increases. If the Plan Administrator determines that the cost of a Participant's Benefit Plan(s) or Policy(ies) significantly increases during a Plan Year, the Participant may either make a corresponding prospective increase in his or her contributions, or revoke his or her election, and in lieu thereof, receive coverage under another Plan option which provides similar coverage. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether a cost increase is significant, and what constitutes "similar coverage" based upon all the surrounding facts and circumstances. 2 PROC2078A r 1 M (c) Limitation on Change in Cost provisions for Dependent Care Expense Reimbursement. The above "Change in Cost" provisions (Section 3.04(e)) apply to Dependent. Care Expense Reimbursement only if the cost change is imposed by a dependent care provider who is not a "relative" of the employee by blood or marriage (as that temp is defined in the relevant Regulations Treas. Reg.§ 1.125- 4(f)(2)(iii)). 6) Change In Coverage. The following rules are not applicable to Health Care Expense Reimbursement accounts under the Plan. (a) Significant Curtailment. If the Plan Administrator determines that a Participant's Benefit Plan or Policy coverage under this Plan is significantly curtailed or ceases during a Plan Year, the Participant may revoke his or her election under the Plan. In that case, each affected Participant may prospectively elect coverage under another Benefit Plan or Policy option which provides similar coverage. Coverage under an accident or health plan is deemed "significantly curtailed" only if there is an overall reduction in coverage provided to Participants under the Plan so as to constitute reduced coverage to Participants in general. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance whether a curtailment is "significant", and whether a substitute Benefit Plan or Policy constitutes "similar coverage" based upon all the surrounding facts and circumstances. (b) Addition or elimination of benefit package option providing similar coverage. If during a Plan Year the Plan adds or eliminates a Benefit Plan or Policy, an affected Participant may elect a newly - added option or elect another Benefit Plan or Policy (where a Plan option has been eliminated), and may do so prospectively on a pre-tax basis by making corresponding election changes with respect to coverage under another Benefit Plan or Policy option which provides similar coverage. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether a substitute Benefit Plan or Policy constitutes "similar coverage" based upon all the surrounding facts and circumstances. (c) Change in coverage of Spouse or Dependent under their employer's plan. A Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of the Spouse's, former Spouse's, or Dependent's employer, so long as: i) the cafeteria plan or qualified benefits plan of the Spouse's, former Spouse's, or Dependent's employer permits its participants to make an election change that would be permitted under the proposed or final IRS regulations (as reflected in this Section 3.03); or ii) the Plan permits Participants to make an election for a Plan Year period of coverage which is different from the plan year period of coverage under the cafeteria plan or qualified benefits plan of the Spouse's, former Spouse's or Dependent's employer. The Plan Administrator shall determine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a change made under the plan of the Spouse's, former Spouse's or Dependent's employer. Payroll Instructions will be more thoroughly reviewed with you or your payroll specialist by the AFLAC representative. In general, however, any qualified pre-tax benefit (e.g., accident or health insurance, up to $50,000 of group term life insurance coverage, medical or dependent care reimbursement) may be funded by employee salary redirection on a dollar for dollar basis. After-tax qualified benefits (e.g., cash or benefits treated like cash that do not defer the receipt of compensation) must be funded with employee contributions after taxes are withheld. Therefore, the amount redirected from an employee's salary for after-tax benefits will exceed the premium by the amount of applicable federal, state, or local income and employment taxes. You should check with your insurance carriers to ascertain whether any particular coverage can be included as a qualified benefit in a cafeteria plan. Plan Document Maintenance. Each plan sponsor is responsible for reviewing the Flex One Plan document to ensure that it is consistent with its desired plan design and legal requirements that may apply in its state. In addition, each plan sponsor is responsible for updating and amending the plan to take into account future Plan design changes and/or legal requirements. For example, the Appendix of Benefits Plans or Policies should be reviewed (and updated as necessary) each Plan Year to ensure that it reflects current pre-tax benefit offerings and lists any eligible individual Policy Form numbers. 3 VROC2D78.4 Form 5500 Annual Reports - All employers are required to file a Form 5500 annual report by the Internal Revenue code. A separate Form 5500 may need to be filed to satisfy any ERISA imposed obligations. ERISA filing obligations will arise whenever there are 100 or more participants in any particular Benefit Plan or Policy. Failure to file a Form 5500 annual report could result in the imposition of fines by the IRS or Department of Labor (DOL). [As set forth in the checklist of Plan Sponsor responsibilities included in the Plan Document Request form, each plan sponsor is responsible for ensuring that it files any required Form 5500 returns. AFLAC will provide certain insurance information required for plan sponsors to complete Schedule A of their Form 5500 filing. This insurance information will automatically be generated when there are 100 or more AFLAC policyholders in any AFLAC insured product, and will also be provided to other plan sponsors upon request. Nondiscrimination Testing is at the very core of the legal requirements imposed by Section 125 of the Internal Revenue Code. Each cafeteria plan sponsor must ensure that its plan satisfies all applicable nondiscrimination requirements imposed by the Internal Revenue Code. Failure to satisfy these requirements will cause adverse tax consequences to highly compensated employees and could possibly disqualify the plan. At a minimum, each plan sponsor should undertake nondiscrimination testing near the beginning and end of each plan year, and whenever there is a substantial change in the participation and/or elections under the plan. [As set forth in the checklist of Plan Sponsor responsibilities included in the Plan Document Request form, each plan sponsor is responsible for ensuring that it performs required nondiscrimination testing.] Summary Plan Description - All plan sponsors are required to give each eligible employee a copy of the summary plan description within 120 days of the effective date of the initial plan year and within 90 days of the effective date of coverage for all subsequent plan years. If an employer makes a change in the plan, the employer must provide the employees with a summary of the changes (a Summary of Material Modifications or (SMM) within seven months after the ending date of the plan year or in the case of a health plan, within 60 days of the adoption of the change. Regulations require that the Summary Plan Description (SPD) display both the Employer Tax Identification (EIN) number and a Plan Identification Number (PIN). You should assign a PIN beginning with the number 501 (Item 4). If this is the first ERISA plan number assigned, the PIN number will be 501. Otherwise, the PIN will be the next available number (e.g., 502, 503, etc.). However, you and/or your plan administrator bear sole responsibility for administering the plan and fulfilling all reporting and disclosure obligations. Certain Insurance Premiums which cover the employee (or in the case of coverage other than life insurance, the employee and tax dependents/family) may be included in the Flex One Plan Documents if adopted as part of your benefits plan. These include: Group Term Life Insurance covering the employee (Eligible under IRS Code Section 79) that is equal to or less than $50,000 (life insurance coverage on dependents is not eligible for pre-tax treatment); Accidental Death and Dismemberment (AD&D) coverage; Medical, Dental, Hospital Indemnity, Cancer Insurance, Vision, Hearing and other qualified premiums. Please Note: When including health, medical and disability income policies within the Flex One Plan: Paying for coverage on a pre-tax basis may cause insurance claim payments under health and medical coverage.to be subject to federal and state taxes if claim payments from all health and medical policies/plans are in excess of medical expenses. Paying for disability income policies with pre-tax premiums will cause the benefits payable thereunder to be taxable. Continuation of Coverage - Health benefits offered through a cafeteria plan may be subject to the continuation coverage provisions of the Consolidated Omnibus Budget Reconciliation Act of 1985 4 PROC2078.4 ("COBRA"). This law provides that for all employers of 20 or more employees (including employees of affiliated companies, part-time employees, and certain self-employed and leased employees) on a typical business day, covered participants must be allowed the opportunity to continue employer sponsored health benefits should their coverage under the employer's program cease for any reason except termination for gross misconduct. Although COBRA does not apply to governmental employers, similar requirements apply under the Public Health Service Act. Accordingly, the Flex One Plan includes COBRA provisions. [See your Legal Advisor if you believe these provisions should not apply.) All health coverages elected under the cafeteria plan (including unreimbursed Medical Expense Reimbursement Coverage) are eligible for coverage continuation. Coverages not eligible for continuation include: Group Term Life, Disability, Accidental Death and Dismemberment and Group Travel Accident Insurance. As set forth in the Flex One Plan document, certain participants in the Unreimbursed Medical Expense Reimbursement Coverage may not be eligible for COBRA continuation if they have a negative account balance at the time of the COBRA event. In addition, re -enrollment for subsequent plan years need not be extended under COBRA for the Medical Expense Reimbursement Plan. The right to continuation of coverage begins upon the occurrence of certain events. Such events include a loss or change in the employee's or employee's dependents coverage due to: a. death of the covered employee; b. termination of the covered employee (for reasons other than gross misconduct); C. reduction in the employee's hours of employment; d. divorce or legal separation of the employee; e. the employee becoming entitled to Medicare; or f. a dependent's loss of dependent status under a medical plan. The law requires that the covered individual be extended the opportunity to maintain continuation coverage for 3 years unless the loss of coverage was attributable to the covered employee's termination of employment or reduction in hours. In that case, the required continuation coverage period is 18 months. For an employee or family member who is disabled within sixty (60) days of the employee's termination or reduction in hours, the continuation coverage period is 29 months. The health plan administrator is required to provide notification of the right to continuation of benefits to all eligible employees and their dependents. Employees have 60 days from the date the notification of the right to continue is given to formally continue their coverage. The continuation will be at the employee's expense as no employer contribution is required. Employees have 45 days from the date on which they give notice of their intent to continue coverage to pay the required premiums. The I� cost of the benefits must be at the regular premium rate, but may include up to a 2% handling fee. If you have questions regarding COBRA or its effects on the coverage for your employees, please contact your Legal Advisor or other Tax professional for information. N N O 5 CD M PROC2978.4 n E °o co 0 M o rn �o o ADOPTION AGREEMENT FOR: CITY OF CAPE GIRARDEAU FLEXIBLE BENEFITS PLAN ESTABLISHMENT OF THE PLAN The Employer named below established as set forth herein, a Flexible Benefits Plan (the "Plan") as of the Effective Date consisting of this Adoption Agreement, the Plan Document and the Benefit Plans and Policies specifically referred to herein including the Dependent Care Expense Reimbursement Plan and/or a Medical Care Expense Reimbursement Plan. The purpose of the Flexible Benefits Plan is to provide eligible Employees a choice between cash and the specified welfare benefits described in this Adoption Agreement. Pre-tax Premium elections under the Plan are intended to qualify for the exclusion from income provided in Section 125 of the Internal Revenue Code of 1986. EMPLOYER INFORMATION 1) Name and Address of Employer/ CITY OF CAPE GIRARDEAU Plan Administrator: DANIEL WARD 401 INDEPENDENCE CAPE GIRARDEAU, MO 63703 2) Employer Telephone Number: (573) 334-3090 3) Employer's Federal Tax Identification Number: 43-6000593 4) 125 Start Date: 07/01/01 5) Effective Date of this Plan: 07/01/01 6) Last Day of the Plan Year: 12/31/01 Subsequent Plan Years: 01/01-12/31 7) Name and Address of the Plan SAME Service Provider: 8) Name and Address of registered ALBERT SPRADLING agent for service of legal MAYOR process: 06/10/00 version 1 Copyright January 1, 1990 AMEN09702 9) Affiliated Employers which will participate in the Plan: 10) Employer's type of business: OTHER AMEN0978.3 V n ELIGIBILITY All Employees employed by the Employer shall be eligible to participate under the Plan except the following: An eligible Employee may become a Participant in the Plan: ( ) Immediately, upon his first day of employment (but not prior to the Effective Date of the Plan). ( ) On the day following commencement of employment. ( X) On the first day of the month following 30 days of employment. ( ) OTHER provided the Employee completes a Salary Redirection Agreement. However, eligibility for coverage under any given Benefit Plan or Policy shall be determined by the terms of that Benefit Plan or Policy, and reductions of the Employee's Compensation to pay Pre-tax or After-tax Premiums shall commence when the Employee becomes covered under the applicable Benefit Plan or Policy. An eligible Employee may become a Participant in the Dependent Care. and/or Medical Expense Reimbursement Plan(s) (if elected below): ( ) On the same day such Employee is eligible for the Pre -Tax Premium benefits under the Plan. ( ) On the day following commencement of employment. ( ) On the first day of the month following days of employment. ( ) OTHER provided the Employee completes a Salary Redirection Agreement selecting such benefits. BENEFITS PROVIDED UNDER THE PLAN The following Benefit Plans and Policies subject to the terms and conditions of the Plan are available for election by eligible Employees. The maximum a Participant can contribute via the Salary Redirection Agreement is the maximum aggregate cost of the Benefit Plans or Policies elected minus any Nonelective Contribution made by the Employer. It is intended that such Pre-tax Premium amounts shall, for tax purposes, constitute an Employer contribution, but may constitute Employee contributions for state insurance law purposes. Copies of the Benefit Plans or Policies (or a list of eligible Policy Numbers) shall be attached as an appendix to this Plan. Group Medical Insurance Vision Care Insurance Disability Income -Short Term (A&S) X) Cancer Insurance X) Group Dental Coverage X) Group Term Life Insurance Disability Income -Long Term (LTD) X) Intensive Care Insurance X) Accident Insurance X) Hospital Indemnity Insurance (HIP) X) Specified Health Event Medical Care Expense Reimbursement described in Section 5.01(b) of the Plan, not to exceed 0 per Plan Year pursuant to the CITY OF CAPE GIRARDEAU Medical Care Expense Reimbursement Plan. 3 AMEND076.3 ( ) Dependent Care Expense Reimbursement described in Section 5.01(c) of the Plan not to exceed $5,000 per Plan Year or $2,500 for married filing separate returns pursuant to the CITY OF CAPE GIRARDEAU Dependent Care Expense Reimbursement Plan. ( ) Opt -out Option: See enrollment material. THE FUNDING AGENT The Employer selects the following Funding Agent for the Plan (check one): ❑ The Employer, which will comply with the requirements of Section 7.02 of the Plan. ❑ The Flexible Benefits Trust created concurrently with the execution of the Plan, which shall receive contributions under the Plan in accordance with Section 7.03 of the Plan. ADMINISTRATIVE EXPENSES Administrative Expenses incurred in operating the Plan shall be paid by (check one): ❑ The Employer, except as otherwise noted in the Plan. ❑ The Participants, except as otherwise noted in the Plan. 4 AMEND076.3 This Plan shall be construed and enforced according to the Internal Revenue Code of 1986, as amended from time to time, the applicable regulations thereto and the laws of the state of the principal place of business of the Employer. IN WITNESS WHEREOF, the Employer has caused this Plan and Adoption Agreement to be executed on the day of to ratify the adoption of the Plan adopted and effective as of the Effective Date. WITNESS: Corporate Officer ac o W M, LO Ma 0 o 5 Employer: By: Title: Date: PROC2976.4 TABLE OF CONTENTS FLEXIBLE BENEFITS PLAN PREAMBLE ARTICLE I - DEFINITIONS 1.01 "Affiliated Employer" 1 1.02 "After-tax Premium(s)" 1 1.03 "Anniversary Date" 1 1.04 "Benefit Plan(s) or Policy(ies)" 1 1.05 "Board of Directors" 1 1.06 "Change in Status" 1 1.07 "Code" 1 1.08 "Compensation" 1 1.09 " Dependent" 1 1.10 "Dependent Care Expense Reimbursement" 2 1.11 "Earned Income" 2 1.12 "Effective Date" 2 1.13 "Eligible Employment Related Expenses" 2 1.14 "Eligible Medical Expenses" 2 1.15 "Employee" 2 1.16 "Employer" 2 1.17 "ERISA" 2 1.18 "Highly Compensated Individual" 2 1.19 "Key Employee" 3 1.20 "Medical Care Expense Reimbursement" 3 1.21 "Nonelective Contributions" 3 1.22 "Participant" 3 1.23 "Plan" 3 1.24 "Plan Administrator" or "committee" 3 1.25 "Plan Year" 3 1.26 "Pre-tax Premium(s)" 3 1.27 "Qualified Benefit" 3 1.28 "Qualifying Employment -Related Expenses" 3 1.29 "Qualifying Individual" 3 1.30 "Qualifying Services" 4 1.31 "Reimbursement Account(s) or Account(s)" 4 1.32 "Salary Redirection Agreement" 4 1.33 "Spouse" 4 1.34 "Student" 4 1.35 "Trustee" 4 ARTICLE II - ELIGIBILITY AND PARTICIPATION 4 2.01 Eligibility to Participate 4 2.02 Entry Date 4 2.03 Termination of Participation 5 2.04 Eligibility to Participate in Reimbursement Benefits 5 2.05 Qualifying Leave Under Family Leave Act 5 ARTICLE III - PREMIUM ELECTIONS 5 3.01 Election of Premiums 5 3.02 Initial Election Period 5 3.03 Annual Election Period 6 3.04 Change of Premium Election 6 3.05 Termination of Election 9 vaocx976A ARTICLE IV - PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS 9 �•/ 4.01 Source of Premium Payments 9 4.02 Allocations Irrevocable During Plan Year 9 4.03 Reduction of Certain Elections to Prevent Discrimination 9 4.04 Medical Care Expense Reimbursement 10 4.05 Dependent Care Expense Reimbursement 10 ARTICLE V - BENEFITS 11 5.01 Qualified Benefits 11 5.02 Cash Benefit 12 5.03 Repayment of Excess Reimbursements 12 5.04 Termination of Reimbursement Benefits 12 5.05 COBRA Coverage 12 5.06 Coordination of Benefits Under Health FSA 12 ARTICLE VI - PLAN ADMINISTRATION 13 6.01 Allocation of Authority 13 6.02 Provision for Third -Party Plan Service Providers 13 6.03 Fiduciary Liability 13 6.04 Compensation of Plan Administrator 13 6.05 Bonding 14 6.06 Payment of Administrative Expenses 14 6.07 Funding Policy 14 6.08 Disbursement Reports 14 6.09 Reporting and Disclosure Obligations 14 6.10 Indemnification 14 6.11 Substantiation of Expenses 14 6.12 Reimbursement 14 6.13 Annual Statements 15 ARTICLE VII - FUNDING AGENT 15 7.01 Funding of the Plan 15 7.02 The Employer as Funding Agent 15 7.03 Trust as Funding Agent 15 ARTICLE VIII - CLAIMS PROCEDURES 15 8.01 Application to Plan Benefits 15 8.02 Procedure if Benefits are Denied Under the Plan 15 8.03 Requirement for Written Notice of Claim Denial 15 8.04 Right to Request Hearing on Benefit Denial 16 8.05 Disposition of Disputed Claims 16 ARTICLE IX - AMENDMENT OR TERMINATION OF PLAN 16 9.01 Permanency 16 9.02 Employer's Right to Amend 16 9.03 Employer's Right to Terminate 16 9.04 Determination of Effective Date of Amendment or Termination 16 PROC2976.4 v ARTICLE X - GENERAL PROVISIONS 17 10.01 Not an Employment Contract 17 10.02 Applicable Laws 17 10.03 Post -Mortem Payments 17 10.04 Nonalienation of Benefits 17 10.05 Mental or Physical Incompetency 17 10.06 Inability to Locate Payee 17 10.07 Requirement for Proper Forms 17 10.08 Source of Payments 17 10.09 Multiple Functions 17 10.10 Tax Effects 17 10.11 Gender and Number 18 10.12 Headings 18 10.13 Incorporation by Reference 18 10.14 Severability 18 10.15 Effect of Mistake 18 10.16 Provisions Relating to Insurers 18 10.17 Forfeiture of Unclaimed Reimbursement Account Benefits 18 ARTICLE XI - CONTINUATION COVERAGE UNDER COBRA 18 11.01 Continuation Coverage After Termination of Normal Participation 18 11.02 Who is a "Qualified Beneficiary" 19 11.03 Who is not a "Qualified Beneficiary" 19 11.04 What is a "Qualifying Event" 19 11.05 COBRA not applicable to Certain Health Care Expense Account Participants 19 11.06 11.07 What Benefit is Available Under Continuation Coverage Notice Requirements 20 20 11.08 Election Period 21 11.09 Duration of Continuation Coverage 21 11.10 Automatic Termination of Continuation Coverage 21 PROC2D78.4 r) I� 9 CO W MV U) = o �o PREAMBLE The Employer hereby establishes a Flexible Benefits Plan ("Plan") for its Employees for purposes of providing eligible Employees with the opportunity to choose from among the fringe benefits available under the Plan. The Plan is intended to qualify as a cafeteria plan under the provisions of Code Section 125. The Dependent Care Expense Reimbursement Plan ("DDC") is intended to qualify as a Code Section 129 dependent care assistance plan, and the Medical Care Expense Reimbursement Plan ("Health FSA") is intended to qualify as a Code Section 105 medical expense reimbursement plan. Although printed within this document, the DDC and Health FSA Plans are separate written plans for purposes of administration and all reporting and nondiscrimination requirements imposed by Sections 105 and 129 of the Code and all applicable provisions of ERISA. The DDC and Medical Care Expense Reimbursement Plans are available only if designated on the Adoption Agreement. P6.4 FLEXIBLE BENEFITS PLAN ARTICLE 1 DEFINITIONS 1.01 "Affiliated Employer" means any Employer within the context of Code Section 414(b), (c),or (m) of the Code which will be treated as single employer for purposes of Code Section 125. 1.02 "After-tax Premium(s)" means amounts withheld from an Employee's Compensation pursuant to a Salary Redirection Agreement to purchase coverages available under the Adoption Agreement on an after-tax basis. 1.03 "Anniversary Date" means the first day of any Plan Year. 1.04 "Benefit Plan(s) or Policy(les)" means those Qualified Benefits available to a Participant under the Adoption Agreement. Where a Benefit Plan or Policy is made available through an individual insurance policy, the insurer(s) and policy form numbers shall be listed in Appendix A. 1.05 "Board of Directors" means the Board of Directors of the Employer. The Board of Directors, upon adoption of this Plan appoints the Committee to act on the Employer's behalf in all matters regarding the Plan. 1.06 "Change in Status" means any of the events described below, as well as any other events included under subsequent changes to Code Section 125 or regulations issued under Code Section 125 which the Plan Administrator (in its sole discretion) decides to recognize on a uniform and consistent basis: (a) Legal Marital Status: A change in a Participant's legal marital status, including marriage, death of a Spouse, divorce, legal separation or annulment; (b) Change in Number of Tax Dependents (as defined in Section 1.09): A change in the Participant's number of tax Dependents, including the birth of a child, the adoption or placement for adoption of a Dependent, or the death of a Dependent. (c) Change in Employment Status: Any change in employment status of the Participant, the Participant's Spouse or the Participant's Dependents that affects benefit eligibility under a cafeteria plan (including this Plan) or other employee benefit plan (including the Benefit Plan(s) or Policy(ies) of the employer of the Participant, the Spouse or Dependents, such as: termination or commencement of employment; a strike or lockout; a commencement of or return from an unpaid leave of absence; a change in worksite; switching from salaried to hourly paid; union to non union; or part-time to full time; incurring a reduction or increase in hours of employment; or any other similar change which makes the individual become (or cease to be) eligible for a particular employee benefit. (d) Dependent Eligibility Requirements: An event that causes a Participant's Dependent to satisfy or cease to satisfy the Dependent eligibility requirements for a particular benefit, such as attaining a specified age, getting married, or ceasing to be a Student; (e) Change in Residence: A change in the place of residence of the Participant, the Participant's Spouse or the Participant's Dependent. Note: See Section 3.04 for requirements that must be met to permit certain mid -year election changes 8= on account of a Change in Status. 0 M 1.07 "Code" means the Internal Revenue Code of 1986, as amended. 1.08 "Compensation" means the cash wages or salary paid to an Employee by the Employer. 1.09 "Dependent" means any individual who is a tax dependent of the Participant as defined in Code Section 152(a), or who is determined to be an alternative recipient of a Plan Participant under an order determined to be a qualified medical child support order (QMCSO) by the Plan Administrator, provided however, that in the case of a divorced Employee: i) Dependent shall be defined as in Code Co 1 � o O PROC2978.4 Section 21(e)(5) (e.g., dependent of the parent with the custody) for purposes of the Dependent Care Expense Account Plan; and ii) for purposes of accident or health coverage, a child shall be considered a Dependent of both parents. 1.10 "Dependent Care Expense Reimbursement" shall have the meaning assigned to it by Section 5.01(c) of the Plan. 1.11 "Earned Income" means all income derived from wages, salaries, tips, self-employment, and other Employee Compensation (such as disability or wage continuation benefits), but does not include (a) any amounts received pursuant to any dependent care assistance program under Section 129 of the Code, (b) any amount received as a pension or annuity, or (c) workers compensation. 1.12 "Effective Date" means the effective date of the Plan specified in the Adoption Agreement. 1.13 "Eligible Employment Related Expenses" means those Qualifying Employment -Related Expenses (as defined below) paid or incurred incident to maintaining employment after the date of the Employee's participation in the Dependent Care Expense Reimbursement Plan and during the Plan Year, other than amounts paid to: (a) an individual with respect to whom a Dependent deduction is allowable under Code Sec. 151(a) to the Participant or Spouse; or (b) the Participant's Spouse; or (c) a child of the Participant who is under 19 years of age at the end of the year in which the expenses were incurred. 1.14 "Eligible Medical Expenses" means those expenses incurred by the Employee, or the Employee's Spouse or Dependents, after the date of the Employee's participation in the Medical Care Expense Reimbursement Plan and during the Plan Year otherwise allowable as deductions under Code Sec. 213 (without regard to the limitations contained in Sec. 213(a)), but shall not include i) expenses for qualified long term care services (as defined in Code 77026(c); or ii) an expense incurred for the payment of premiums under a health insurance plan. For purposes of this Plan, an expense is "incurred" when the Participant or beneficiary is furnished the medical care or services giving rise to the claimed expense. 1.15 "Employee" means any individual who is considered to be in a legal employer-employee relationship with the Employer for federal withholding tax purposes. Such term includes "former employees" for the limited purpose of allowing continued eligibility for benefits hereunder for the remainder of the Plan Year in which an employee ceases to be employed by the Employer. The term "Employee" shall not include any leased employee (as that term is defined in Code Section 414(n) or any self employed individual who receives from the Employer "net earnings from self employment" within the meaning of Code Section 401(c)(2) unless such individual is also an Employee. 1.16 "Employer" means the organization(s) named in the Adoption Agreement provided, however, that when the Plan provides that the Employer has a certain power (e.g., the appointment of a Plan Administrator, entering into a contract with a third party insurer, or amendment or termination of the plan) the term "Employer" shall mean only that entity named on the first line of the Adoption Agreement, and not any Affiliated Employer. Affiliated Employers who sign the Adoption Agreement shall be bound by the Plan as adopted and subsequently amended unless they clearly withdraw from participation herein. 1.17 "ERISA" shall mean the Employee Retirement Income Security Act of 1974, as amended. 1.18 "Highly Compensated Individual" means an individual defined under Code Section 125(e), 129(d)(2), or 105(h)(5), as amended, as a "highly compensated individual" or a "highly compensated employee." 2 PROC297B.4 1.19 "Key Employee" means an individual who is a "key employee" as defined in Code Section 125(b)(2), as amended. 1.20 "Medical Care Expense Reimbursement" shall have the meaning assigned to it by Section 5.01(b) of the Plan. 1.21 "Nonelective Contribution(s)" means any amount which the Employer in its sole discretion may contribute on behalf of each Participant to provide benefits for such Participant and his or her Dependents, if applicable under the Plan. The amount of Nonelective Contribution for each Participant may be adjusted upward or downward in the contributing Employer's sole discretion. The amount shall be disclosed in Participant enrollment materials and shall be calculated for each Plan Year in a uniform and nondiscriminatory manner based upon the Participant's dependent status, commencement or termination date of the Participant's employment during the Plan Year, and such other factors as the Employer shall prescribe. Except as otherwise provided in the Adoption Agreement in no event will any Nonelective Contribution be disbursed to a Participant if the cost of the benefit(s) elected is less than the Nonelective Contribution allocable thereto. Any excess shall be returned to the Employer. 1.22 "Participant" means an Employee who becomes a Participant pursuant to Article II. 1.23 "Plan" means the Adoption Agreement, the Flexible Benefits Plan and (if applicable) the related Trust created by this document. 1.24 "Plan Administrator" "or committee" means the person(s) appointed by the Employer with authority and responsibility to manage and direct the operation and administration of the Plan. If no such person is named, the Plan Administrator shall be the Employer. 1.25 "Plan Year" means the twelve month period specified in the Adoption Agreement provided, however, that a period of less than twelve months may be a Plan Year for the initial Plan Year, the final Plan Year, and a transition period to a different Plan Year. 1.26 "Pre-tax Premium(s)" means any amount withheld from the Employee's Compensation pursuant to a Salary Redirection Agreement which is intended to be paid on a pre-tax basis. This amount shall not exceed the premiums attributable to the most costly Benefit Plan of Policy options afforded hereunder, and for purposes of Code Section 125, shall be treated as an Employer contribution (this amount may, however, be treated as an Employee contribution for purposes of state insurance laws). 1.27 "Qualified Benefit" means any benefit excluded from the Employee's taxable income under Chapter 1 of the Code (other than Sections 106(b),117, 124, 127, or 132), and any other benefit permitted by the Income Tax Regulations (i.e., any group -term life insurance coverage that is includable in gross income by virtue of exceeding the dollar limitation on nontaxable coverage under Code Sec. 79). Long-term care insurance is not a "Qualified Benefit". 1.28 "Qualifying Employment -Related Expenses" means those expenses that would be considered to be employment-related expenses under Section 21(b)(2) of the Code (relating to expenses for household and dependent care services necessary for gainful employment) if paid for by the Employee to provide Qualifying Services. co 1.29 "Qualifying Individual" means: (a) a Dependent of the Participant who is under the age of thirteen (13); (b) a Dependent of a Participant who is mentally or physically incapable of caring for himself or herself; or 0 v (c) the Spouse of a Participant who is mentally or physically incapable of caring for himself or c herself. 3 40 PROC297BA 1.30 "Qualifying Services" means services relating to the care of a Qualifying Individual that enable the Participant or Spouse to remain gainfully employed which are performed: V (a) in the Participant's home; or (b) outside the Participant's home for (1) the care of a Dependent of the Participant who is under age 13, or (2) the care of any other Qualifying Individual who resides at least eight (8) hours per day in the Participant's household. If the expenses are incurred for services provided by a dependent care center (i.e., a facility that provides care for more than 6 individuals not residing at the facility), the center must comply with all applicable state and local laws and regulations. 1.31 "Reimbursement Account(s) or Account(s)" shall be the funding mechanism by which amounts are withheld from an Employee's Compensation and retained for future Medical Care Expense Reimbursement or Dependent Care Expense Reimbursement. These amounts may either be retained by the Employer, sent to a third party plan administrator, and/or kept in trust for Employees. No money shall actually be allocated to any individual Participant Account(s); any such Account(s) shall be of a memorandum nature, maintained by the Administrator for accounting purposes, and shall not be representative of any identifiable trust assets. No interest will be credited to or paid on amounts credited to the Participant Account(s). 1.32 "Salary Redirection Agreement" means the actual or deemed agreement pursuant to which an eligible Employee or Participant enrolls in the specific component Benefit Plans or Policies with Pre-tax Premiums or After-tax Premiums in accordance with Article III. If the Employer utilizes an electronic (e.g., electronic signature pad or digitized signature) or interactive voice response (IVR) system for enrollment, the Salary Redirection Agreement may be maintained on an electronic database. 1.33 "Spouse" means an individual who is legally married to a Participant and who is treated as a Spouse under the Code, but for purposes of the Dependent Care Expense Reimbursement Plan provisions, shall not include an individual legally separated from the Participant under a divorce or separate maintenance decree, nor shall it include an individual who, although married to the Participant, files a separate federal income tax return, maintains a separate, principal residence from the Participant during the last six months of the taxable year, and does not furnish more than one-half of the cost of maintaining the principal place of abode of the Qualifying Individual. 1.34 "Student" means an individual who, during each of five (5) or more calendar months during the Plan Year, is a full time student at any college or university, the primary function of which is the conduct of formal instruction, and which routinely maintains a regular faculty and curriculum and normally has an enrolled student body in attendance at the location where its educational activities are regularly presented. 1.35 "Trustee" (if applicable) means the person(s) or institution (and their successors) named on the signature page attached hereto, who have assented to being so named by their signature to this Agreement, otherwise empowered to hold and disburse the funds that are created hereunder. ARTICLE 11 ELIGIBILITY AND PARTICIPATION 2.01 Eligibility to Participate. Each Employee who meets the criteria set forth in the Adoption Agreement shall be eligible to participate in the Plan as of any applicable Entry Date. Eligibility for the benefits elected in the Adoption Agreement shall be subject to the additional requirements, if any, specified in the applicable Benefit Plan or Policy. The provisions of this Article are not intended to override any eligibility requirement(s) or waiting period(s) specified in the applicable Benefit Plans or Policies. 2.02 Entry Date. Each eligible Employee shall become a Participant in the Plan on the Entry Date specified in the Adoption Agreement provided that he or she has satisfied the requirements of the Adoption Agreement. 4 PROC297B.4 2.03 Termination of Participation. Participation shall terminate on the earliest of: i) the date an Employee ceases to be an Employee (except as otherwise provided in Section 3.05 for "COBRA coverage"); ii) when an Employee ceases to meet the eligibility requirements of Section 2.01 of this Plan, iii) the date this Plan is amended to exclude the Employee or is terminated: iv) the effective date of the Employee's election not to participate pursuant to Sections 3.03 or 3.04. Subject to any specific limitations for any particular benefit which the Participant has elected, (a) participation shall be continued during a leave of absence for which the Participant continues to receive a salary from his or her employer and (b) participation shall be suspended during an unpaid leave of absence. 2.04 Eligibility to Participate In Reimbursement Benefits. An Employee, who is otherwise an Eligible Participant pursuant to Sections 2.01 and 2.02 shall be eligible to receive Medical and/or Dependent Care Expense Reimbursements (if selected by the Employer in the Adoption Agreement) if; i) the additional Eligibility criteria (if any) set forth in the Adoption Agreement for the Reimbursement benefits have been satisfied; and ii) a Salary Redirection Agreement is properly executed and submitted on which the aforementioned benefit(s) have been selected. 2.05 Qualifying Leave Under Family Leave Act. Notwithstanding any provision to the contrary in this Plan, if a Participant goes on a qualifying unpaid leave under the Family and Medical Leave Act of 1993 (FMLA), to the extent required by the FMLA, the Employer will continue to maintain the Participant's medical coverage (as defined in Code 5000) on the same terms and conditions as though he were still an active Employee (i.e., the Employer will continue to pay its share of the premium to the extent the Employee opts to continue his coverage). If the Employee opts to continue his coverage, the Employee may pay his share of the premium with after-tax dollars while on leave (or pre- tax dollars to the extent he receives compensation during the leave), or the Employee may be given the option to pre -pay all or a portion of his share of the premium for the expected duration of the leave on a pre-tax salary reduction basis out of his pre -leave Compensation by making a special election to that effect prior to the date such Compensation would normally be made available to him (provided, however, that pre-tax dollars may not be utilized to fund coverage during the next plan year), or via other arrangements agreed upon between the Employee and the Administrator (e.g., the Administrator may fund coverage during the leave and withhold amounts upon the Employee's return). Upon return from such leave, the Employee will be permitted to reenter the Plan on the same basis the Employee was participating in the Plan prior to his leave, or as otherwise required by the FMLA. ARTICLE III PREMIUM ELECTIONS 3.01 Election of Premiums. A Participant may elect any combination of Pre-tax Premiums or After-tax Premiums to fund any Benefit Plan or Policy available under the Adoption Agreement, provided however, that only Qualified Benefits (other than group term fife insurance coverage in excess of $50,000) may be funded with Pre-tax Premiums. Participants may also be permitted to elect additional cash compensation by opting out of certain coverages to the extent described in the Adoption Agreement under "Opt -Out Option". 3.02 Initial Election Period. (a) Currently Eligible Employees. An Employee who is eligible to become a Participant in this Flexible Benefits Plan as of the Effective Date must complete, sign and file a Salary Redirection Agreement with the Plan Administrator during the election period (as specked by the Plan Administrator) immediately preceding the Effective Date in order to become a Participant on the Effective Date. The elections made by the Participant on this initial Salary Redirection Agreement shall be effective, subject to Section 3.04; for the Plan Year beginning on the Effective Date. (b) New Employees and Employees Who Have Not Yet Satisfied The Flexible Benefit Plan's Waiting Period. An Employee who becomes eligible to become a Participant in this Flexible Benefits Plan after the Effective Date must complete, sign and file a Salary Redirection Agreement with the Plan 5 PROC2970A Administrator during the sixty (60) day period prior to the day the Employee first becomes eligible to participate in this Plan. If an Employee is eligible to participate in this Flexible Benefits Plan on the date he is first hired, a Salary Redirection Agreement must be completed, signed, and filed with the Plan Administrator within thirty (30) days from the date of hire. The elections made by the Participant on this initial Salary Redirection Agreement shall be prospectively effective as of the first pay period coinciding with or immediately following the date that the Salary Redirection Agreement is filed (or if later, the date of the employee's eligibility under the Flexible Benefits Plan) and, subject to Section 3.04, ending on the last day of the Plan Year in which such participation began. Coverage under the component Benefits Plan or Policies will be effective in accordance with the eligibility requirements contained in such Benefits Plans or Policies. (c) An eligible Employee who fails to complete, sign and file a Salary Redirection Agreement with the Plan Administrator in accordance with paragraph (a) or (b) above during an initial election period may become a participant on a later date in accordance with Section 3.03 or 3.04. 3.03 Annual Election Period. Each Employee who is a Participant in this Plan or who is eligible to become a Participant in this Plan shall be notified, prior to each Anniversary Date of this Plan, of his right to become a Participant in this Plan, to continue participation in this Plan, or to modify or to cease participation in this Plan, and shall be given a reasonable period of time in which to exercise such right: such period of time shall be known as the "annual election period." An Election shall be made by submitting a Salary Redirection Agreement to the Plan Administrator during the election period, and shall be effective for the entire Plan Year beginning on the Anniversary Date. A Participant or Employee who fails to complete, sign and file a Salary Redirection Agreement as required by this Section 3.03 shall be deemed to have elected to continue the same coverages under the Benefit Plans or Policies funded by the same coverages under the Benefit Plans or Policies funded by the same election (e.g., either Pre-tax Premiums or After-tax premiums adjusted to reflect any increase or decrease in premium/cost) then in effect for such Participant or Employee. Notwithstanding the foregoing, annual elections for participation in the Medical Care and Dependent Care Expense Reimbursement Plans must be made by submitting a Salary Redirection Agreement prior to the beginning of each Plan Year -- no deemed elections shall occur under such Plans. 3.04 Change of Premium Election. A Participant shall not make any changes to the Pre-tax Premium amount elected under the Plan, except as provided in Section 3.03, 3.05 or herein: (a) Change in Status. A Participant may change or terminate his or her actual or deemed election under the Plan upon the occurrence of a Change in Status, but only if such change or termination is made on account of and corresponds with a Change in Status which affects coverage eligibility of a Participant, a Participant's Spouse, or a Participant's Dependent (referred to as the general consistency requirement). The Plan Administrator (in its sole discretion) shall determine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a Change in Status. Assuming the general consistency requirement is satisfied, a requested change must also satisfy the following specific consistency requirements in order for a Participant to be able to alter his or her election based on the change: (1) Loss of Dependent Eligibility. For a Change in Status involving a Participant's divorce, annulment or legal separation from a Spouse, the death of a Spouse or a Dependent, or a Dependent ceasing to satisfy the eligibility requirements for coverage, a Participant may only elect to cancel accident or health insurance coverage for the Spouse involved in the divorce, annulment, or legal separation, the deceased Spouse or Dependent, or the Dependent that ceased to satisfy the eligibility requirements. Canceling coverage for any other individual under these circumstances would fail to correspond with that Change in Status. Notwithstanding the foregoing, if the Participant, the Participant's Spouse (but not ex-spouse) or the Participant's Dependent becomes eligible for COBRA (or similar health plan continuation coverage under state law) under the Employer's Plan, the Participant may increase his election to pay for such coverage. 11 PROC?A7B.4 W Ic c CD a CD 0 g (2) Gain of Coverage Eligibility Under Another Employer's Plan. For a Change in Status in which a Participant, a Participant's Spouse or a Participant's Dependent gains eligibility for coverage under another employer's cafeteria plan (or another employer's qualified benefit plan) as a result of a change in marital status or a change in employment status, a Participant may elect to cease or decrease coverage for that individual only if coverage for that individual becomes effective or is increased under the other employer's plan. (3) Dependent Care Expense Reimbursement benefits. With respect to the Dependent Care Expense Reimbursement benefit, a Participant may change or terminate his or her election only if i) such change or termination is made on account of and corresponds with a Change in Status that affects eligibility for coverage under an employer's plan; or ii) the election change is on account of and corresponds with a Change in Status that affects eligibility of dependent care assistance expenses -for the tax exclusions available under Code Section 129. (4) Group term life insurance and disability income coverage. For a Change in Status involving a Participant's legal marital status or the employment status of a Participant's Spouse or Dependent (disregarding the requirement that the event caused a gain or loss of eligibility), a Participant may elect either to increase or to decrease group -term life insurance or disability income coverage offered under the Plan. (b) Special HIPAA Enrollment Rights. If a Participant, a Participant's Spouse or a Participant's Dependent is entitled to special enrollment rights under a group health plan, as required by Section 9801(f) of the Code, and medical coverage was declined under the group health plan because of outside medical coverage and eligibility for such coverage is subsequently lost due to legal separation, divorce, death, termination of employment, reduction in hours, or exhaustion of the maximum COBRA period, or a new Dependent is acquired as a result of marriage, birth, adoption, or placement for adoption, then a Participant may revoke a prior election for health or accident coverage and make a new election (including salary redirection election), provided that the election corresponds with such special enrollment right. For purposes of this provision: i) an election to add previously eligible Dependents as a result of the acquisition of a new Spouse or Dependent child shall be considered to be consistent with the special enrollment right; and ii) a HIPAA special enrollment election attributable to the birth or adoption of a new Dependent child may, subject to the provisions of the underlying group health plan, be effective retroactively (up to 30 days). (c) Certain Judgments, Decrees and Orders. If a judgment, decree, or order (an "Order") resulting from a divorce, legal separation, annulment or change in legal custody(including a qualified medical child support order) requires accident or health coverage for a Participant's Dependent child (including a foster child who is a Dependent of the Participant), a Participant may: i) change his or her election to provide coverage for the Dependent child (provided that the Order requires the Participant to provide coverage), or ii) change his or her election to revoke coverage for the Dependent child if the Order requires that another individual (including the Participant's Spouse or former Spouse) provide coverage under that individual's plan. (d) Medicare and Medicaid. If a Participant, a Participant's Spouse, or a Participant's Dependent who is enrolled in a health or accident benefit under this Plan becomes entitled to Medicare or Medicaid (other than coverage consisting solely of benefits under Section 1928 of the Social Security Act providing for pediatric vaccines), the Participant may prospectively reduce or cancel the health or accident coverage of the person becoming entitled to Medicare or Medicaid. Further, if a Participant, a Participant's Spouse, or a Participant's Dependent who has been entitled to Medicare or Medicaid loses eligibility for such coverage, the Participant may prospectively elect to commence or increase the health or accident coverage of the individual. (e) Change in Cost. The following rules are not applicable to Health Care Expense Reimbursement accounts under the Plan. 7 PROC297B.4 (1) Increase or decrease for insignificant cost changes. Participants are required to increase or decrease their elective contributions to reflect insignificant increases or decreases in their required contribution (as determined by the Plan Administrator in its sole discretion on a uniform v and consistent basis) for the Benefit Plan(s) or Policy(ies) provided under the Plan. The Plan Administrator, on a reasonable and consistent basis, will automatically effectuate this prospective increase or decrease in affected employees' elective contributions in accordance with such cost changes. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether increase or decreases in costs are "insignificant" based upon all the surrounding facts and circumstances, including, but not limited to, the dollar amount or percentage of the cost change. (2) Significant cost increases. If the Plan Administrator determines that the cost of a Participant's Benefit Plan(s) or Policy(ies) significantly increases during a Plan Year, the Participant may either make a corresponding prospective increase in his or her contributions, or revoke his or her election, and in lieu thereof, receive coverage under another Plan option which provides similar coverage. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether a cost increase is significant, and what constitutes "similar coverage" based upon all the surrounding facts and circumstances. (3) Limitation on Change in Cost provisions for Dependent Care Expense Reimbursement. The above "Change in Cost" provisions (Section 3.04(e)) apply to Dependent Care Expense Reimbursement only if the cost change is imposed by a dependent care provider who is not a "relative" of the employee by blood or marriage (as that term is defined in the relevant Regulations Treas. Reg.§ 1.125-4(f)(2)(iii)). (f) Change in Coverage. The following rules are not applicable to Health Care Expense Reimbursement accounts under the Plan. (1) Significant Curtailment. If the Plan Administrator determines that a Participant's Benefit v Plan or Policy coverage under this Plan is significantly curtailed or ceases during a Plan Year, the Participant may revoke his or her election under the Plan. In that case, each affected Participant may prospectively elect coverage under another Benefit Plan or Policy option which provides similar coverage. Coverage under an accident or health plan is deemed "significantly curtailed", and whether a substitute Benefit Plan or Policy constitutes "similar coverage" based upon all the surrounding facts and circumstances. (2) Addition or elimination of benefit package option providing similar coverage. If during a Plan Year the Plan adds or eliminates a Benefit Plan or Policy, an affected Participant may elect a newly -added option or elect another Benefit Plan or Policy (where a Plan option has been eliminated), and may do so prospectively on a pre-tax basis by making corresponding election changes with respect to coverage under another Benefit Plan or Policy option which provides similar coverage. The Plan Administrator (in its sole discretion) will decide, in accordance with prevailing IRS guidance, whether a substitute Benefit Plan or Policy constitutes "similar coverage" based upon all the surrounding facts and circumstances. (3) Change in coverage of Spouse or Dependent under their employer's plan. A Participant may make a prospective election change that is on account of and corresponds with a change made under the plan of the Spouse's, former Spouse's, or Dependent's employer, so long as: i) the cafeteria plan or qualified benefits plan of the Spouse's, former Spouse's, or Dependent's employer permits its participants to make an election change that would be permitted under the proposed or final IRS regulations (as reflected in this Section 3.04); or ii) the Plan permits Participants to make an election for a Plan Year period of coverage which is different from the plan year period of coverage under the cafeteria plan or qualified benefits plan of the Spouse's, former Spouse's or Dependent's employer. The Plan Administrator shall determine, based on prevailing IRS guidance, whether a requested change is on account of and corresponds with a change made under the plan of the Spouse's, former Spouse's or Dependent's employer. 8 PROC2a78.4 Any change in an election effecting annual Plan Contribution to the Medical or Dependent Care Expense Reimbursement Plans pursuant to this Section also will change the Maximum Reimbursement Benefits for the period of coverage remaining in the Plan Year. Such Maximum Reimbursement Benefits for the period of coverage following an election change shall be calculated by adding the balance (if any) remaining in each of the Participant's Reimbursement Accounts as of the end of the portion of the Plan Year immediately preceding the change in election, to the total Plan Contributions scheduled to be made by the Participant during the remainder of such Plan Year to such Account(s). An Employee who is eligible to become a Participant but declined to become a Participant during the initial election period pursuant to Section 3.02(a) or (b) may become a Participant and file a Pre-tax Contribution election within thirty (30) days of the occurrence of an event described in Section 3.04 above, but only if the election under the new Salary Redirection Agreement is made on account of and corresponds with the event (as described above). A participant otherwise entitled to make a new election under this Section must do so within 30 days of the event (e.g., Change in Status, significant change in cost or coverage, Medicare or Medicaid eligibility, special enrollment right or judgment, decree or order). Subject to the provisions of the underlying group health plan, elections made to add medical coverage for a newborn or newly adopted Dependent child pursuant to a HIPAA special enrollment right may be retroactive for up to 30 days. All other new elections shall be effective immediately following the date the Participant files his new Salary Redirection Agreement with the Plan Administrator. Elections made pursuant to this Section shall be effective for the balance of the Plan Year in which the election is made unless a subsequent event (described above) allows a further election change. 3.05 Termination of Election. Except as otherwise provided in Section 2.03, Termination of employment shall automatically revoke any Salary Redirection Agreement. Except as provided below, if revocation occurs under this Section 3.05, no new election with respect to Pre-tax Premiums may be made by such Participant during the remainder of the Plan Year. Except as otherwise provided in the applicable Benefit Plans or Policies, former Participants who are rehired within 30 days or less of the date of termination of employment will be reinstated with the same election(s) such individuals had before termination. If a former Participant is rehired more than 30 days following termination of employment and is otherwise eligible to participate in the Plan, the individual may make a new election. ARTICLE IV PREMIUM PAYMENTS AND CREDITS AND DEBITS TO ACCOUNTS 4.01 Source of Premium Payments. The Employer shall withhold from a Participant's Compensation on a Pre-tax or After-tax basis (as elected on the Salary Redirection Agreement) an amount equal to the contributions required from the Participant (less any applicable Nonelective Contribution) for coverage of the Participant, or the Participant's Spouse or Dependents, under the Benefit Plans or Policies elected by the Participant and maintained by the Employer as noted in the Adoption Agreement under this Plan. The component Benefit Plans or Policies, and required Employee contributions thereunder shall be set forth on an annual schedule and/or disclosed to Participants in enrollment material. Amounts withheld from a Participant's Compensation as Pre-tax Premiums or After-tax Premiums shall be applied to fund benefits as soon as administratively feasible. The maximum amount of Pre-tax Premiums plus any Nonelective Contribution made available by the Employer for the benefit of each Plan Participant shall not exceed the aggregate cost of the benefits elected. c 4.02 Allocations Irrevocable During Plan Year. Except as provided in Sections 3.04, 3.05, 4.03, and 4.04, neither (i) the insurance coverages nor amounts withheld therefore elected under Section 5.01(a), nor (ii) the amount to be credited to a Participant Account during the Plan Year pursuant to Sections 4.04 and 4.05, nor (iii) the allocation of such amounts to the appropriate Account(s) of the Participant, can be, changed during the Plan Year. i� 4.03 Reduction of Certain Elections to Prevent Discrimination. If the Plan Administrator determines, before or during any Plan Year, that the Plan may fail to satisfy for such Plan Year any requirement imposed by the Code or any limitation on Pre-tax Premiums allocable to Key Employees or to Highly Compensated Individuals, the Plan Administrator shall take such action(s) as he deems � c 9 M PiiO(xY78.4 :V appropriate, under rules uniformly applicable to similarly situated Participants, to assure compliance with such requirement or limitation. Such action may include, without limitation, a modification or revocation of a Highly Compensated Individual's or Key Employee's Salary Redirection Agreement without the consent of such Employee. 4.04 Medical Care Expense Reimbursement. (a) Debiting and Crediting of Accounts. Each Participant's Medical Care Expense Reimbursement Account ("Account") will be credited with amounts withheld from the Participant's Compensation for Medical Care Expense Reimbursement pursuant to the Salary Redirection Agreement. The Account will be debited for reimbursement amounts disbursed to the Participant in accordance with Article V of this document. The entire amount elected by the Participant on the Salary Redirection Agreement as an annual amount for the Plan Year for Medical Care Expense Reimbursement less any reimbursements already disbursed shall be available to the Participant at any time during the Plan Ypar without regard to the balance in the Account (provided that the periodic premiums have been paid). Thus, the maximum amount of Medical Care Expense Reimbursement at any particular time during the Plan Year will not relate to the amount which a Participant has had withheld up to that time. In no event will the amount of medical expense reimbursement benefits in any Plan Year exceed the annual amount specified for the Plan Year in the Salary Redirection Agreement for Medical Care Expense Reimbursement. Any amount allocated to the Account shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide Medical Care Expense Reimbursement by the ninetieth (90th) day following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset administrative expenses. (b) Source of Payments. All Medical Care Expense Reimbursement benefits derived hereunder shall be paid exclusively from the amounts in each Employee's Medical Care Expense Reimbursement Account funded by amounts withheld from the Employee's wages pursuant to the Salary Redirection Agreement for Medical Care Expense Reimbursement and any Nonelective Contributions allocated thereto. In the event that an Employee's reimbursement request for Medical Care Expense Reimbursement benefits exceeds the amount currently available in the Employee's Medical Care Expense Reimbursement Account, the Employer shall pay the excess amount up to the amount elected by the Participant on the Salary Redirection Agreement for Medical Care Expense Reimbursement less any reimbursements already disbursed. Future premium payments by the Employee shall then go to the Employer as reimbursement for the money so advanced on behalf of the Employee. (c) Employer Risk. If an Employee terminates employment before the Employer has been reimbursed for the money it has advanced on behalf of the Employee, the entire unreimbursed portion shall be deemed to be an "administrative expense" to be refunded to the Employer by any unused Account balance(s) (if any) as provided in Section 4.04(a). 4.05 Dependent Care Expense Reimbursement. (a) Crediting and Debiting of Accounts. Each Participant's Dependent Care Expense Reimbursement Account ("Account") will be credited with amounts withheld from the Participant's Compensation for Dependent Care Expense Reimbursement pursuant to the Salary Redirection Agreement. The Account will be debited for reimbursement amounts disbursed to the Participant in accordance with Article V of this Plan document. In the event that the amount in the Account is less than the amount of reimbursable benefit requests at any time during the Plan Year, the excess part of the reimbursement will be carried over into following months (within the same Plan Year), to be paid out as the Account balance becomes adequate. In no event will the amount of Dependent Care Expense Reimbursement benefits exceed theamountwithheld pursuant to the Salary Redirection Agreement for any Plan Year. Any amount allocated to the Account shall be forfeited by the Participant and restored to the Employer if it has not been applied to provide Dependent Care Expense Reimbursement for the Plan Year by the ninetieth (90th) day following the end of the Plan Year for which the election was effective. Amounts so forfeited shall be used to offset administrative costs. 10 PROC297BA (b) Source of Payments. All Dependent Care Expense Reimbursement benefits derived hereunder shall be paid exclusively from the amounts in each Employee's Dependent Care Expense Reimbursement Account funded by amounts withheld from the Employee's wages pursuant to the Salary Redirection Agreement for Dependent Care Expense Reimbursement, and any Nonelective Contributions allocable thereto. ARTICLE V BENEFITS 5.01 Qualified Benefits. The maximum benefit a Participant may elect under this Plan shall not exceed the Sum of i) the Aggregate Premium for all Insurance Premium Payments under 5.01(a);ii) the Maximum Medical Care Expense Reimbursement under 5.01(b); and iii) the Maximum Dependent Care Reimbursement under 5.01(c). The Qualified Benefits available for election are one or more of the following: (a) Insurance 'Premium Payment. The Employer shall withhold from a Participant's Compensation an amount equal to the contributions required from the Participant (less any applicable Nonelective contribution) for coverage of the Participant, or the dependent coverage of the Participant's spouse or Dependents, under the Benefit Plans or Policies elected by the Participant and maintained by the Employer as noted in the Adoption Agreement. The benefits are subject to the terms and conditions of the applicable Benefit Plans or Policies specifically referred to in the Adoption Agreement and incorporated herein into this Plan. (b) Medical Care Expense Reimbursement. If pursuant to the Adoption Agreement, the Employer has elected to maintain a Medical Care Expense Reimbursement Plan, payment shall be made to the Participant in cash as reimbursement for Eligible Medical Expenses incurred by the Participant or his Dependents while he is an Employee, during the Plan Year for which the Participant's election is effective. These expenses must also be expenses which -- (1) are not covered, paid or reimbursed from any other source; and (2) meet the criteria of tax -deductibility as a medical or dental expense under Section 213 of the Code, as amended and the regulations thereunder, and (3) meet any limitations imposed by applicable regulations promulgated under Code Section 125; and (4) will not be taken as a deduction from income on the Participant's federal income tax return in any tax year; and (5) do not exceed the lesser of (a) the maximum annual amount allocable to Medical Care Expense Reimbursement specified in the Adoption Agreement, or (b) the annual amount that the Employee has elected to have withheld for Medical Care Expense Reimbursement; less previous Medical Care Expense Reimbursements made during the I� Plan Year; and a= (6) are verified in writing to the satisfaction of the Administrator that a covered expense has occurred and the reimbursement for which meet the substantiation requirements of Section 6.11. a s' (c) Dependent Care Expense Reimbursement. If pursuant to the Adoption Agreement, the Employer has elected to maintain a Dependent Care Expense Reimbursement Plan, payment shall be made to the Participant in cash as reimbursement for Eligible Employment Related Expenses incurred by him or her while an Employee, during the Plan Year for which the Participant's election is effective, provided that the substantiation requirements of Section 6.11 have been complied with. No payment otherwise due a Participant hereunder shall exceed the smallest of: (1) the Participant's Earned Income for the applicable month; or CD 0 11 0 PROC2976.4 fy (2) the Earned Income of the Participant's Spouse for such month (Note: a Spouse of a Participant who is not employed during a month in which the Participant incurs Eligible Employment Related Expenses and who is either incapacitated or a Student shall be deemed to have Earned Income in the amount of $200 per month per Qualifying Individual for whom the Participant incurs Eligible Employment Related Expense(s), up to a maximum amount of $400 per month); or (3) the annual amount the Participant has elected to have withheld from his Compensation for Dependent Care Expense Reimbursement less any prior Dependent Care Expense Reimbursements during the Plan Year; or (4) Five Thousand Dollars ($5,000), or, if the Participant is married and files a separate tax return, Two Thousand Five Hundred Dollars ($2,500) (or any future aggregate limitations promulgated under Code Section 129) less any prior reimbursements during the Plan Year. 5.02 Cash Benefit. Employees who elect not to receive coverage under certain Employer sponsored plans may be entitled to additional cash compensation as described in the Adoption Agreement under "Opt -out Option". To the extent that a Participant does not elect under a Salary Redirection Agreement to have the maximum amount of his Compensation contributed as a Pre-tax Premium or After-tax Premium hereunder, such amount not elected shall be paid to the Participant in the form of normal Compensation payments; provided however, that Nonelective Contributions may not be received in the form of cash compensation. 5.03 Repayment of Excess Reimbursements. If, as of the end of any Plan Year, it is determined that a Participant has received payments under this Plan that exceed the amount of Eligible Reimbursement Expenses that have been substantiated by such Participant during the Plan Year, the Plan Administrator shall give the Participant prompt written notice of any such excess amount, and the Participant shall repay the amount of such excess to the Employer within sixty (60) days of receipt of such notification. 5.04 Termination of Reimbursement Benefits. Coverage under the Medical Care Expense Reimbursement and/or Dependent Care Expense Reimbursement Plan(s) shall cease as of the date on which a Participant is no longer employed by the Company or when a premium payment has not been made for any reason. Provided, however, that Participants shall have the right to submit Claims for reimbursement for Eligible Employment -Related Expenses arising during the Plan Year at any time until ninety (90) days after the end of the Plan Year for which the election had been in effect, and to receive reimbursement hereunder. Participants in the Medical Reimbursement Plan shall have the right to submit claims for reimbursement for Eligible Medical Expense arising during the Plan Year and before the date of separation from service at any time until ninety (90) days after the end of the Plan Year for which the election had been in effect, and to receive reimbursement hereunder. Unless a COBRA election is made, Participants shall not be entitled to receive reimbursement for Medical Care expenses incurred after coverage ceases under this Section, and any unused reimbursement benefits at the expiration of the 90 -day period following the close of the Plan Year shall be treated in accordance with Sections 4.04 or 4.05. 5.05 COBRA Coverage. Each Benefit Plan or Policy made available under Article V that is considered to be a "group health plan" under Code Sec. 4980B, because employees and their families are provided with health care benefits within the meaning of Code Sec. 212(d)(1), including the Medical Care Expense Reimbursement Benefit, shall contain the necessary provisions required by Code Sec. 4980B and ERISA Sec. 601, to assure that such benefits may be continued on or after the occurrence of the qualifying events defined in Code Sec. 49806(f)(3). 5.06 Coordination of Benefits Under Health FSA. The Health FSA is intended to pay benefits solely for otherwise unreimbursed medical expenses. Accordingly, it shall not be considered a group health plan for coordination of benefits purposes, and its benefits shall not be taken into account when determining benefits payable under any other plan. 12 PROC2D7B.4 ARTICLE VI PLAN ADMINISTRATION 6.01 Allocation of Authority. Except as to those functions reserved within the Plan to the Employer, the Plan Administrator appointed pursuant to the Adoption Agreement shall control and manage the operation and administration of the Plan. The Plan Administrator shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to make determinations of fact and construe and interpret possible ambiguities, inconsistencies, or omissions in the Plan and the Summary Plan Description issued in connection with the Plan. All determinations of the Plan Administrator with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Plan Administrator shall have the following powers and duties: (a) To require any person to furnish such reasonable information as he may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan; (b) To make and enforce such rules and regulations and prescribe the use of such forms as he shall deem necessary for the efficient administration of the Plan; (c) To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan and to make or revoke elections under the Plan, in accordance with the provisions of the Plan; (d) To determine the amount of benefits which shall be payable to any person in accordance with the provisions of the Plan; to inform the Employer, insurer or Trustee (if any), as appropriate, of the amount of such benefits; and to provide a full and fair review to any Participant whose claim for benefits has been denied in whole or in part; (e) To designate other persons to carry out any duty or power which may or may not otherwise be a fiduciary responsibility of the Plan Administrator, under the terms of the Plan; (f) To keep records of all acts and determinations, and to keep all such records, books of account, data and other documents as may be necessary for the proper administration of the Plan; (g) To prepare and distribute to all Employees information concerning the Plan and their rights under the Plan; (h) To do all things necessary to operate and administer the Plan in accordance with its provisions. 6.02 Provision for Third -Party Plan Service Providers. The Plan Administrator, subject to approval of the Employer, may employ the services of such persons as it may deem necessary or desirable in connection with the operation of the Plan and to rely upon all tables, valuations, certificates, reports and opinions fumished thereby. Unless otherwise provided in the service agreement, obligations under this Plan shall remain the obligation of the Employer. a 6.03 Fiduciary Liability. To the extent permitted by law, neither the Plan Administrator nor any other person shall incur any liability for any acts or for failure to act except for their own willful )� misconduct or willful breach of this Plan. 6.04 Compensation of Plan Administrator. Unless otherwise determined by the Employer and permitted by law, any Plan Administrator who is also an employee of the Employer shall serve without compensation for services rendered in such capacity, but all reasonable expenses incurred in the performance of their duties shall be paid by the Employer. CD v c 13 o cr) PROC2978.4 6.05 Bonding. Unless otherwise determined by the Employer, or unless required by any Federal or State law, the Plan Administrator shall not be required to give any bond or other security in ) any jurisdiction in connection with the administration of this Plan. v 6.06 Payment of Administrative Expenses. Unless otherwise indicated in the Adoption Agreement, all reasonable expenses incurred in administering the Plan shall be paid by the Employer, provided, however that each Participant shall bear the monthly cost (if any) charged for the maintenance of any Reimbursement Account unless otherwise paid by the Employer. 6.07 Funding Policy. The Employer shall have the right to enter into a contract with one or more insurance companies for the purposes of providing any benefits under the Plan and to replace. any of such insurance companies or contracts. Any dividends, retroactive rate adjustments or other refunds of any type which may become payable under any such insurance contract shall not be assets of the Plan but shall be the property of, and shall be retained by the Employer to provide future Benefit Plan or Policy benefits. 6.08 Disbursement Reports. The Plan Administrator shall issue directions to the Employer concerning all benefits which are to be paid from the Employer's general assets pursuant to the provisions of the Plan. 6.09 Reporting and Disclosure Obligations. Unless specified otherwise, it shall be the Employer and Plan Administrator's sole responsibility to comply with all filing, reporting, and disclosure requirements, imposed by the Department of Labor and/or Internal Revenue Service, specifically including, but not limited to creating, filing and distributing Summary Annual Reports, Form 5500's, and Summary Plan Descriptions. Furthermore, the Employer and Plan Administrator shall be required to amend the Plan as is necessary to ensure compliance with applicable tax and other laws and regulations. 6.10 Indemnification. The Plan Administrator shall be indemnified by the Employer against v claims, and the expenses of defending against such claims, resulting from any action or conduct relating to the administration of the Plan except claims arising from gross negligence, willful neglect, or willful misconduct. 6.11 Substantiation of Expenses. Each Participant must submit a written Request for Reimbursement form to the Plan Administrator to receive reimbursements from his Medical or Dependent Care Expense Reimbursement Account(s), on a form provided by the Plan Administrator accompanied by a written statement/bill from an independent third party stating that the expense has been incurred, and the amount thereof. The forms shall contain such evidence as the Plan Administrator shall deem necessary as to substantiate the nature, the amount, and timeliness of any expenses that may be reimbursed. 6.12 Reimbursement. Reimbursements shall be made as soon as administratively feasible after the required forms have been received by the Plan Administrator. Reimbursements of less than $15 may be carried forward and aggregated with future reimbursements until the reimbursable amount is greater than $15, provided, however, that the entire amount of reimbursable reimbursements outstanding at the end of the Plan Year shall be reimbursed without regard to the $15 threshold limit. Such forms and documentation must be submitted by the fourth (4th) Friday of the month in order to receive a reimbursement in the following month. Year-end expense reimbursements must be submitted to the Plan Administrator within 90 days of the close of the Plan Year for which the Salary Redirection Agreement is effective, and during which such expense was incurred, in order to be eligible for reimbursement. Likewise, if a Participant terminates participation in the Plan with a credit balance in any Reimbursement Account, such Participant shall be entitled to submit to the Plan Administrator any Requests for Reimbursement for reimbursable expenses incurred prior to such cessation of Participation at any time within 90 days after the close of the Plan Year for which the Salary Redirection Agreement is effective. 14 PROC2D78.4 6.13 Annual Statements. The Plan Administrator shall fumish each Participant with an annual statement, showing the amounts paid or expenses incurred by the Employer in providing Medical and/or Dependent Care Expense Reimbursement during the previous calendar year and the respective Reimbursement Account balance(s) on or before January 31 following the close of the applicable Plan Year. ARTICLE VII FUNDING AGENT 7.01 Funding of the Plan. The Plan shall be funded with amounts withheld from Compensation pursuant to Salary Redirection Agreements and by Nonelective Contributions by the Employer. 7.02 The Employer as Funding Agent. If the Employer is designated the Funding Agent in the Adoption Agreement, the Employer will immediately apply all such amounts, without regard to their source, to pay for the welfare benefits provided in the Adoption Agreement and shall comply with all applicable regulations promulgated by the Department of Labor ("D.O.L.") taking into consideration any enforcement procedures adopted by the D.O.L. 7.03 Trust as Funding Agent. If a Trust is designated Funding Agent in the Adoption Agreement, an appropriate Trust Agreement shall be attached at the end of this Plan. ARTICLE VIII CLAIMS PROCEDURES 8.01 Application to Plan Benefits. The provisions of this Article do not apply to: i) claims for benefits under individual policies or ii) claims for benefits under group policies not subject to ERISA. In the event a claim arises with respect to benefits under such policies, the insurer shall be the appropriate named fiduciary for purposes of benefit determinations, and with regard to benefits under such policies, shall have the discretionary authority to construe and interpret the policies and make factual determinations thereunder. If applicable, these provisions apply to claims for benefits only to the extent that no claims procedure is specified for such benefit in the applicable Benefit Plan or Policy. If a claims procedure is otherwise available under the applicable Benefit Plan or Policy, this Article shall not apply to benefits under the component Benefit Plan or Policy, but shall only apply to issues germane to the pre-tax benefits available under this Plan (i.e., such as a determination of: a Change in Status; significant change in premiums charged; or eligibility and participation matters under this Flexible Benefits Plan document). This Article shall be the claims procedure applicable to the Medical Care Expense Reimbursement and the Dependent Care Expense Reimbursement Plan(s). 8.02 Procedure if Benefits are Denied Under the Plan. Any Employee, beneficiary, or his duly authorized representative may file a claim for a benefit to which the claimant believes that he is entitled, but that has been previously denied by the Plan Administrator. Such a claim must be in writing and delivered to the Plan Administrator in person or by mail, postage paid. Within ninety (90) days after receipt of such claim, the Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no event may the extension exceed ninety (90) days from tC the end of the initial period. If such extension is necessary, the claimant will be given a written notice to t� this effect prior to the expiration of the initial 90 -day period. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial of a claim is not furnished in accordance with this Section 8.02, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 8.04 and 8.05. 8.03 Requirement for Written Notice of Claim Denial. The Plan Administrator shall provide a written notice to every claimant who is denied a claim for benefits under this Article. Such written notice shall set forth in a manner calculated to be understood by the claimant, the following information: (a) The specific reason or reasons for the denial; LG 15 o � Pfio(x9713.1 (b) Specific reference to pertinent Plan provisions on which the denial is based; l (c) A description of any additional material or information necessary for the claimant to V perfect the claim and an explanation of why such material is necessary; and (d) An explanation of the Plan's claim review procedure. 8.04 Right to Request Hearing on Benefit Denial. Within sixty (60) days after the receipt by the claimant of written notification of the denial (in whole or in part) of his claim, the claimant or his duly authorized representative may make a written application to the Plan Administrator, in person or by certified mail, postage prepaid, to be afforded a review of such denial; may review pertinent documents; and may submit issues and comments in writing. 8.05 Disposition of Disputed Claims. Upon receipt of a request for review, the Plan Administrator shall make a prompt decision on the review matter. The decision on such review shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision and specific references to the pertinent plan or insurance policy provisions on which the decision was based. The decision upon review shall be made not later than sixty (60) days after the Plan Administrator's receipt of a request for a review, unless special circumstances require an extension of time for processing, in which case a decision shall be rendered not later than one hundred twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant shall be given written notice of the extension prior to the expiration of the initial sixty (60) day period. If notice of the decision on the review is not furnished in accordance with this Section 8.05, the claim shall be deemed denied and the Claimant shall be permitted to exercise his right to a legal remedy. ARTICLE IX AMENDMENT OR TERMINATION OF PLAN 9.01 Permanency. While the Employer fully expects that this Plan will continue indefinitely, 1 J due to unforeseen, future business contingencies, permanency of the Plan will be subject to the V Employer's right to amend or terminate the Plan, as provided in Sections 9.02 and 9.03, below. Nothing in this Plan is intended to be or shall be construed to entitle any Participant, retired or otherwise, to vested or nonterminable benefits. 9.02 Employer's Right to Amend. The Employer reserves the right to amend the Plan at any time and from time -to -time, and retroactively, if deemed necessary or appropriate to meet the requirements of Code Section 125, or any similar provisions of subsequent revenue or other laws, to modify or amend in whole or in part any or all of the provisions of the Plan. All amendments shall be made in writing and shall be approved by the Board of Directors (or a duly authorized officer of the Employer) in accordance with its normal procedures for transacting business. Such amendments may apply retroactively or prospectively. Each Benefit Plan or Policy shall be amended in accordance with the terms specified therein, or, if no amendment procedure is prescribed, in accordance with this section. Any amendment made by the Employer shall be deemed to be approved and adopted by any Affiliated Employer. 9.03 Employer's Right to Terminate. The Employer reserves the right to discontinue or terminate the Plan without prejudice at any time and for any reason without prior notice. Such decision to terminate the Plan shall be made in writing and shall be approved by the Board of Directors (or a duly authorized officer of the Employer) in accordance with its normal procedures for transacting business. Affiliated Employers may withdraw from participation in the plan, but may not terminate it. 9.04 Determination of Effective Date of Amendment or Termination. Any such amendment, discontinuance or termination shall be effective as of such date as the Employer shall determine. Subject to Sections 4.04(a) and 4.05(a) (if applicable), no amendment, discontinuance or termination shall allow the return to any Employer of any Reimbursement Account balance nor its use for any purpose other than for the exclusive benefit of the Participants and their beneficiaries. 16 PROC2976.4 ARTICLE X GENERAL PROVISIONS 10.01 Not an Employment Contract Neither this Plan nor any action taken with respect to it shall confer upon any person the right to continue employment with any Employer. 10.02 Applicable Laws. The provisions of the Plan shall be construed, administered and enforced according to applicable Federal law and the laws of the State of the principal place of business of the Employer to the extent not preempted. 10.03 Post -Mortem Payments. Any benefit payable under the Plan after the death of a Participant shall be paid to his surviving spouse (if any), otherwise, to his estate. If there is doubt as to the right of any beneficiary to receive any amount, the Plan Administrator may retain such amount until the rights thereto are determined, without liability for any interest thereon. 10.04 Nonalienation of Benefits. Except as expressly provided by the Plan Administrator, no benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person. 10.05 Mental or Physical Incompetency. Every person receiving or claiming benefits under the Plan shall be presumed to be mentally and physically competent and of age until the Plan Administrator receives a written notice, in a form and manner acceptable to it, that such person is mentally or physically incompetent or a minor, and that a guardian, conservator or other person legally vested with the care of his estate has been appointed. 10.06 Inability to Locate Payee. If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because it cannot ascertain the identity or whereabouts of such Participants or other person after reasonable efforts have been made to identify or locate such person such payment and all subsequent payments otherwise due to such Participant or other person shall be forfeited one year after the date any such payment first became due. 10.07 Requirement for Proper Forms. All communications in connection with the Plan made by a Participant shall become effective only when duly executed on any forms as may be required and furnished by, and filed with, the Plan Administrator. 10.08 Source of Payments. The Employer, the Trust fund (if selected as Funding Agent), and any insurance company contracts purchased or held by the Employer or funded pursuant to this Plan shall be the sole sources of benefits under the Plan. No Employee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan, and then only to the extent of the benefits payable under the Plan to such Employee or beneficiary. 10.09 Multiple Functions. Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan. I� 10.10 Tax Effects. Neither the Employer, its agents, the Plan Administrator, nor the Trustee co makes any warranty or other representation as to whether any Pre-tax Premiums made to or on behalf M of any Participant hereunder will be treated as excludable from gross income for local, state, or federal income tax purposes. If for any reason it is determined that any amount paid for the benefit of a Participant or Beneficiary is includable in an Employee's gross income for local, federal, or state income tax purposes, then under no circumstances shall the recipient have any recourse against the Plan Administrator or the Employer with respect to any increased taxes or other losses or damages suffered by the Employees as a result thereof. The Plan is designed and is intended to be operated as a "cafeteria plan" under Section 125 of the Code. CD 17 st LO � o �oPROC297B.4 C7 fy 10.11 Gender and Number. Masculine pronouns include the feminine as well as the neuter genders, and the singular shall include the plural, unless indicated otherwise by the context. 10.12 Headings. The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder. 10.13 Incorporation by Reference. Except for the Medical and Dependent Care Expense Reimbursement Plan(s), the actual terms and conditions of the separate component Benefit Plans or Policies offered under this Plan are contained in separate, written documents governing each respective benefit, and shall govern in the event of a conflict between the individual plan document, and this Plan as to substantive content. To that end, each such separate document, as amended or subsequently replaced, is hereby incorporated by reference as if fully recited herein. The provisions of the Medical and Dependent Care Expense Reimbursement Plan(s) are reproduced herein, but shall constitute separate plans for purposes of all applicable Code and ERISA provisions. 10.14 Severability. Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be given effect to the maximum extent possible. 10.15 Effect of Mistake. In the event of a mistake as to the eligibility or participation of an Employee, or the allocations made to the account of any Participant, or the amount of distributions made or to be made to a Participant or other person, the Plan Administrator shall, to the extent it deems possible, cause to be allocated or cause to be withheld or accelerated, or otherwise make adjustment of, such amounts as will in its judgment accord to such Participant or other person the credits to the account or distributions to which he is properly entitled under the Plan. Such action by the Administrator may include withholding of any amounts due the Plan or the Employer from Compensation paid by the Employer. 10.16 Provisions Relating to Insurers. No insurer shall be required or permitted to issue an l insurance policy or contract that is inconsistent with the purposes of this Plan, nor be bound to take any V action not in accordance with the terms of any policy or contract with this Plan. The insurer shall not be deemed to be a party to this Plan, nor shall it be bound to interpret the construction or validity of the Plan. The insurer shall be protected from its good faith reliance on the written representations and instructions of the Trustee and the Plan Administrator, and shall not be responsible for the initial or continued qualified status of the Plan. 10.17 Forfeiture of Unclaimed Reimbursement Account Benefits. Any Reimbursement Account benefit payments that are unclaimed (e.g., uncashed benefit checks) by the close of the Plan Year following the Plan Year in which the Health or Dependent Care. Expense was incurred shall be forfeited. ARTICLE XI CONTINUATION COVERAGE UNDER COBRA The following provisions shall be applicable to the Medical Care Expense Reimbursement Plan, and any other group health plan (as defined by Code Sections 4980B and 5000(b)(1) and the regulations promulgated thereunder) subject to COBRA that does not otherwise contain COBRA provisions. As noted in Section 11.05, COBRA coverage need not be extended to certain Health Care Expense Account Participants. The intent of this Article is to extend continuation rights required by COBRA To the extent greater rights are provided for hereunder, this Article shall be void. 11.01 Continuation Coverage after Termination of Normal Participation. During any Plan Year during which the Employer is subject to Code Section 4980B, each person who is a Qualified Beneficiary shall have the right to elect to continue coverage under the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA) upon the occurrence of a t Qualifying Event that would otherwise result in such person losing coverage hereunder. Such extended fir/ coverage under the plan is known as "Continuation Coverage." 18 PROC297B.4 11.02 Who Is a "Qualified Beneficiary". A "Qualified Beneficiary" is any person who is, as of the day before a Qualifying Event, (a) an Employee of the Employer (including persons who are considered to be "employees" within Code Sec. 401(c), directors and independent contractors) covered under a health plan offered under the Plan as of such day (such persons are called "Covered Employees"), (b) the Spouse of the Covered Employee, or (c) a Dependent of the Covered Employee. A Covered Employee can be a Qualified Beneficiary only if the Qualifying Event consists of termination of employment (for any reason other than gross misconduct) or reduction of hours of the Covered Employee's employment. A child bom to or placed for adoption with a Covered Employee during Continuation Coverage will also be a Qualified Beneficiary. A retiree or other former Employee actively participating in the Plan by reason of a previous period of employment will be treated as a "Qualified Beneficiary". 11.03 Who Is not a "Qualified Beneficiary". A person is not a Qualified Beneficiary if, as of such day, either the individual is covered under the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA) by virtue of the election of Continuation Coverage by another person and is not already a Qualified Beneficiary by reason of a prior Qualifying Event, or is entitled to Medicare coverage under Title XVIII of the Social Security Act. Furthermore, an individual who fails to elect Continuation Coverage within the election period provided in Section 11.07, below, shall not be considered to be a Qualified Beneficiary. Event": 11.04 What Is a "Qualifying Event". Any of the following shall be considered as a "Qualifying (a) death of a Covered Employee; or (b) termination (other than by reason of gross misconduct) of the Covered Employee's employment or reduction of hours of employment; or (c) divorce or legal separation of a Covered Employee from the employee's spouse; or (d) a Covered Employee's becoming entitled to receive Medicare benefits under Title XVIII of the Social Security Act; or (e) a dependent child of a Covered Employee ceasing to be a Dependent. In the case of any person treated as a Covered "Employee" but who is not a common-law employee, termination of "employment" means termination of the relationship that originally gave rise to eligibility to participate in the Medical Care Expense Reimbursement Plan (or other group health plan subject to COBRA.) 11.05 COBRA Not Applicable to Certain Health Care Expense Account Participants. In accordance with IRS regulations, COBRA continuation coverages will not be offered to Medical Care Expense Account Plan participants under certain circumstances: (a) Unavailability of COBRA In Plan Year In Which Qualifying Event Occurs. COBRA continuation coverage will not be offered to a Qualified Beneficiary in the Plan Year in which the Qualifying Event occurred of: (1) Conditions In 11.05(b) are Satisfied. The Medical Care Expense Account Plan i� satisfies the conditions set forth in Section 11.05(b); and (2) Health Care Expense Account has a Deficit at the Time of the Qualifying Event. Taking into account all claims submitted on or before the date of the Qualifying Event, the Qualified Beneficiary's remaining Medical Care Expense Account balance for the Plan Year is less than the maximum required COBRA premiums for the rest of the c ' year (i.e., the Medical Care Expense Account is in a deficit position). 19 L0 o OC PROC2978A N (b) Unavallablllty of COBRA In Subsequent Plan Years. COBRA continuation will not be offered to a Medical Care Expense Account Participant in any Plan Year following the Plan Year in which the Qualifying Event occurs (thus even if COBRA is offered for the year in which the qualifying event occurs, the COBRA coverage will cease at the end of the year and cannot be continued for the next plan year); (1) Health FSA Is Exempt from HIPAA. The Medical Care Expense Account is exempt from HIPAA (i.e., a major medical plan is available in addition to the Medical Care Expense Account, and the Medical Care Expense Account benefit does not exceed two times the salary reduction or, if greater, the salary redirections plus $500; and (2) COBRA Premium Equals or Exceeds Medical Care Expense Account Benefit. If for the plan year in which the Qualifying Event occurs, the maximum amount the Qualified Beneficiary could be required to pay for a full year of Medical Care Expense Account COBRA coverage equals or exceeds the maximum benefit available to the Qualified Beneficiary for the plan year. The Plan Administrator will notify Medical Care Expense Account Participants as to their COBRA eligibility (if any). 11.06 What Benefit Is Available under Continuation Coverage. Each person who is eligible to elect to continue coverage under Article XI shall have the right to continue the level of coverage in effect for the Covered Employee on the day before the Qualifying Event (or a lesser level of coverage). If a Qualified Beneficiary of another group health plan maintained by the Employer is prevented from receiving a previous level of Benefits due to a change in plan Benefits or plan termination , such individual will be entitled to elect any available level of coverage under the Medical Care Expense Reimbursement Plan. A premium for Continuation Coverage shall be charged to Employees and Qualified Beneficiaries in such amounts and shall be payable at such times as are established by the Plan Administrator and permitted by applicable law. 11.07 Notice Requirements. (a) When an Employee becomes covered under this Medical Care Expense Reimbursement Plan (or any other group health plan subject to COBRA), the Plan Administrator must inform the Participant (and spouse, if any) in writing of the rights to continued coverage, as described in Article XI. (b) The Employer shall give the Plan Administrator (if different from the Employer) written notice of a Qualifying Event within thirty (30) days of the occurrence thereof. (c) Within fourteen (14) days of receipt of the Employer's notice, the Plan Administrator shall furnish each Qualifying Beneficiary with written notification of the termination of regular coverage under the Medical Care Expense Reimbursement Plan (or any other group health plan subject to COBRA), as well as a recital of the rights of any such Beneficiary to elect Continuation Coverage, as required by Code Sec. 4980B and ERISA Sec. 601, in accordance with the terms of this Plan. (d) In the case of a Qualifying Event described in Section 11.04(c) or (e), a Covered Employee or a Qualified Beneficiary who is a Spouse or Dependent of such Employee must notify the Plan Administrator within sixty (60) days of the occurrence thereof. The Plan Administrator shall give written notification of Conversion Coverage rights to any other affected Qualified Beneficiaries within fourteen (14) days of receipt of the notice described in this Section 11.07(d). Notwithstanding any of the foregoing, notification to a Qualified Beneficiary who is a spouse of a Covered Employee is treated as notification to all other Qualified Beneficiaries residing with that person at the time notification is made. 20 PROC2978.4 ( l M NE t� o m coE P o LO =0 M0 0 rO co fy 11.08 Election Period. Any Qualified Beneficiary entitled to Continuation Coverage shall have 60 days from the date of the notice required by Section 11.06, in the case of occurrence of a Qualifying Event, in which to return a signed election to the Plan Administrator indicating the choice to continue benefits under this Plan. 11.09 Duration of Continuation Coverage. Except as otherwise provided in this Plan, Continuation Coverage shall extend for a period of 18 months after the date that regular coverage ceased due to occurrence of the initial Qualifying Event described in Section 11.04(b), unless during such 18 -month period a subsequent, Qualifying Event occurs, in which case, another election to extend coverage for 18 months shall be available to the Beneficiary. Except as otherwise provided in this Section, in the case of a Qualifying Event not described in Section 11.04(b), Continuation Coverage shall extend for a period of 36 months after the date that regular coverage ceased due to the occurrence of the Qualifying Event. In the case of a Qualified Beneficiary who is determined, under title II or XVI of the Social Security Act to have been disabled within 60 days of a Qualifying Event described in Section 11.04 (b), Continuation Coverage with respect to such event shall extend for a period of 29 months after the date that regular coverage ceased due to the occurrence of the Qualifying Event if the Qualified Beneficiary has provided notice of such determination within sixty (60) days after the date of such determination and before the end of the initial 18 month Continuation Coverage period. In the event a Covered Employee becomes entitled to Medicare coverage, the period of Continuation Coverage for a Qualified Beneficiary, other than the Covered Employee for such Qualifying Event or any subsequent Qualifying Event, shall not terminate for a period of 36 months from the date the Covered Employee becomes entitled to Medicare benefits. In no event, however, shall Continuation Coverage extend more than 36 months beyond the date of the original Qualifying Event. 11.10 Automatic Termination of Continuation Coverage. Continuation Coverage shall automatically cease if (a) the Employer no longer offers the particular group health coverage to any of its employees (b) the required premium for Continuation Coverage for a particular coverage is not paid within 30 days of the date due or within 45 days after the initial election of Continuation Coverage made pursuant to Section 11.08 (whichever is later), (c) an electing Qualified Beneficiary becomes covered under another group health plan other than a group health plan which may limit a Qualified Beneficiary's coverage because it involves a pre-existing condition, or (d) an electing Qualified Beneficiary becomes eligible to receive benefits under Medicare. IN WITNESS WHEREOF, the Employer has executed this Flexible Benefits Plan, Medical Care Expense Reimbursement Plan, and/or Dependent Care Expense Reimbursement Plan (as noted in the Adoption Agreement), the date and year first written below, to be effective as set forth in the Adoption Agreement. WITNESS: Corporate Officer Employer: By: Title: Date: 21 PROC2978A n i co �v U) i c M9 p sy RESOLUTION ADOPTING A FLEXIBLE BENEFITS PLAN The undersigned hereby certifies that the followingdescribed Resolution was official) an y d legally adopted at the duly authorized official meeting of the body with legal authority (hereafter "Authority") to pass said Resolution. Said meeting was held on the date set forth below. WHEREAS, the Authority wishes to adopt a cafeteria plan within the context of Section 125 of the Internal Revenue Code for the benefit of the employer's eligible employees. NOW, THEREFORE, BE IT RESOLVED, that the Authority hereby adopts the Flexible Benefits Plan (consisting of the flexible benefits plan document, the Adoption Agreement, and component benefit plans and Policies) for the Employer named herein below effective as of the date specified in the Adoption Agreement. RESOLVED FURTHER, that any officer of the employer may, without a further resolution, execute the Adoption Agreement and any related documents or amendments which may be necessary or appropriate to adopt the plan or maintain its compliance with applicable federal, state and local law. Name: Body With Legal Authority Of Employer To Pass Resolution: (Examples - Board of Directors, Board of Commissioner, etc.) Date of Official Meeting of Authority at which Resolution was Legally Passed: Corporate Secretary [OFFICIAL SEAL] Signature of Person with Authority to certify that Resolution was legally passed Print Name and Title of Person above Date: 'Note: Legal requirements for a valid Board of Directors Resolution vary from state to state. This document is merely a suggested form. Each Employer should consult with its own legal counsel to ensure compliance with applicable law. PROC2978.4 WL �il 50 �il The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 279 Agenda October 15, 2001 Re: Appointments to Parks and Recreation Advisory Board Dear Mayor and Council Members: Four terms on the Parks and Recreation Advisory Board are scheduled to expire on October 29, 2001. These positions are currently held by Donald Sherwood, Jay Knudston, Richard Fehr, and Rocky Hayes. All four have expressed interest in being reappointed, and their advisory board sheets are attached. In addition, Mr. Michael Keefe has resigned from the Board. A copy of his resignation letter is attached. Mr. Keefe was serving a term set to expire October 29, 2002. A copy of the roster is attached for your information. Section 18-27 of the City Code states that a person appointed to the board shall be a taxpayer, qualified voter and resident of the city. The following individuals have AWressed an interest in serving on the board, and their board summary sheets are attached. Dennis Bess Jeff Glenn Gary Scott Roth Robert Scott Blank Don Kaverman Bo Shantz Stacy Busch Jared Cisco Angela Davidson Craig Downing Lori Lynn Herb Nance Thomas M. Nelson Ed Rinda Bruce Utley W. R. "Reeder" Withers It is recommended that four appointments be made to the Parks & Recreation Advisory Board for terms expiring October 29, 2004, and one appointment for a term expiring October 29, 2002. If you need any further information, please let me know. Respectfully submitted, City Conrad lerk Michael G. Miller City Manager r CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees September 17, 2001 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with terms commencing January 8, 1996. Donald G. Sherwood Jay Knudtson (Chairman) Richard C. Fehr Rocky Hayes Mike Kohlfeld Parks and Recreation Advisory Board Date Appointed August 21, 2000 October, 1992 November 20, 2000 March, 1996 March, 1989 Terry Ashby December, 1990 Michael Keefe September 8, 1998 Jay Crosnoe (Secretary) October, 1981 Larry Essner (Vice Chairman) May, 1988 Rick Wieser February, 1991 Sheila Caskey March, 1996 Date Reappointed Term Expires --- October 29, 2001 10/16/95; 10/19/98 October 29, 2001 --- October 29, 2001 10/19/98 October 29, 2001 10/21/96; 10/18/99 October 29, 2002 10/21/96; 10/18/99 October 29, 2002 10/18/99 October 29, 2002 10/24/94;10/20/97;10/23/00 October 29, 2003 10/24/94;10/20/97;10/23/00 October 29, 2003 10/24/94;10/20/97;10/23/00 October 29, 2003 10/20/97; 10/23/00 October 29, 2003 Council, ex -officio re three year terms, appointed by Council. Regular meetings held second Monday at 5:30 p.m. in Council Chambers. A ncil member may serve as liaison. Staff contact - Parks & Recreation Director. W HUU-13-2UU1 HUN 1U:59 AM PARks&REC.DEPT. 573 335 5126 P. 01 1 August 10, 2001 Dan Muser, Director City of Cape.Girardeau Parks & Recreation- - 410 Kiwanis Drive Cape Girardeau MO 63701 Dear Mr. Muser: Due to a detail reassignment to Minnesota, I must regretfully withdraw from serving on the Parks and Recreation Advisory Board. Upon my return to Cape Girardeau, I will contact you to discuss being reinstated on the board. Sincerely, L aster Cape Girardeau, MO 63701-9998 F^X: ff CITY OF CAPE GIRARDEAU, MISSOURFECElV�� (-5 119 BOARD MEMBER SUMMARY ame,� �.vGlena Telephone: Day 3 *3lo?O Home Address /:0 B& 3 Evening Year Current Residence in Cape Girardeau Began 1:7 j a Current Employer and Position y �. Previous Employers and Positions In which Board(s) are you interested? r,ean%JPr�, A.,r7 �;i 1/)5/'.�nNes I Special Qualifications for specific board(s) (include past board service) Educational Background & tzzl4aca Ltln,�6147 14 t _n Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and o in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as ** Board Member that future membership on the board is no longer your desire. 4 = Date �-- Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. KtUkiVED SEP 15 g Donald G. Sherwood 2719 Flora Hills Dr. P.O. Box 391 • 334-2081 Cape Girardeau, MO 63701 PERSONAL DATA EDUCATION. Graduate of the John S. Cobb High School Attended Southeast Missouri State University EMPLOYMENT.- Retired 47 years, 2 months, 16 days with KFVS-TV, presently Film Director and Community Affairs Director. For a number of years I hosted a public affairs program on KFVS-TV and the old KFVS Radio. I have served on KFVS-TV staff as a news reporter. CHURCH AFFILIATION: St. James AME Church. OFFICES HELD IN CHURCH: Past Vice President, Board of Stewards. Vice President, Board of Trustees. Sunday School Superintendent. Church Clerk. ORGANIZATIONS: Past Master Harmony Lodge #40, Prince Hall. AFFILIATIONS: Past Board Member Prince Hall Grand Lodge of Missouri. Past member Breakfast Exchange Club. Past President VIP Industries. Past Secretary VIP Industries. Past member Cape County Health Association. Past member Cape Girardeau Civic Center. Past member of the Minority Advisory Task Force, American Cancer Society, Missouri Division, Inc. Past President Cape Girardeau Public Library Board and Past Secretary of the Board. Past member of the Cape County Extension. Past member Delmo Housing Corporation, Lilborn, Missouri. Member of the AREA WIDE UNITED WAY Board of Directors. Member U.S. Postal Service Customer Advisory Council. Member Cape Community Advisory Council AmeriFirst Bank. Member of Cape Girardeau Chamber of Commerce Education Committee. Member of the Lincoln University Focus Group. Member of Diversity Group Otahki Girl Scout Council Inc. Member of Cape Girardeau Public School Foundation. `� SEP -22-1994 08:1? CITY NANAGEP-CAPE GIP MO CITY OF CAPE GIRARDEAU, MISSOURI (I BOARD MEMBER SC7N1MAit'Y Name Street Address I Z-(, GYP2-S C -l-, 1314335?946 P.01!01 Telephone �2. A(o. 637-D1 Year Current Residence in Cape Girardeau Began Current Employer and Position r � Previous Employers and Positions In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) EdueationalBackg_round ' Gfnorvers, a ,dc /--t ��,�,e-50 Community Activities (Include offices held and co -attee service) `r0"T7-r --Lv G1Gc--Y L Lt e Meeting tinie(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime -/- AIL 4:Z2 B. Morning Noon Afternoon Evening Anytime By signing this document, you agret. tO serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed ------- ----.- — --- - ---- --- - Date *'� i3oaTti Member Summary Sheets are valid for one year frons tilt date that they are signed. RECEIVED Cape Girardeau Parks and Recreation Department Board Member Summary Address: add In PAnr ELA2'e"g 'rgrl ria ran bC-Ry m o 3 7U) Telephone: 57-3 -335-8798 - Hbmt Year Residence in Cape Began: Current Employer/Position: s,qiw fiet VUI mEDiCAL n66671A f)]FlNJ�j�ER sKyR�T'l rommyNilFl�%�►xi RisX n'IAN�9GF�'It}fI Previous Employers)/Position(s): Rif to RtTi9rNED �2ti5ur» Which Boards are you interested in? PARR OR 604 It V^9 I3o��o Special Qualifications: (Include previous board service) K fE]z TQ ROun>E Educational Background: C;zfloOATED cHrE Fwm%. Hi6)4 S CHom- ,T 071 Community Activities: (Include offices held and committee service) EMP, TD )ZOVMI-1 Please mark which meeting time(s) are convenient for you: ❑ Weekly ® Monthly ❑ Anytime ❑ Morning ® Noon ® Afternoon ❑ Anytime By signing this document, you agree to serve and attend regularly. Three consecutive unexcused absences will be regarded as an indication that you no longer want to serve as a board member. Signature: .JIV14a C I )I-- Date: 4 -19- 2—.1W wbirx pNDNE 331 _6AO1O 0 RICHARD C. FEHR 2026 Pamela • Cape Girardeau, MO 63701 • (5 73) 335-8798 OBJECTIVE To become an invaluable member of a reputable, growing company, where teamwork is of the essence, and opportunities for advancement are based on the level of performance. EXPERIENCE SAINT FRANCIS MEDICAL CENTER 211 SAINT FRANCIS DRIVE CAPE GIRARDEAU, MISSOURI 63703 (573) 331-3000 Manager of Security - Communications - Risk Management October 1985 to Present Directs personnel involved in establishing, promoting, and maintaining the medical center's security, communications, and risk management programs. Carries out management responsibilities in accordance with the organization's mission, philosophy, policies/procedures, and applicable laws. SOUTHEAST MISSOURI STATE UNIVERSITY ONE UNIVERSITY PLAZA CAPE GIRARDEAU, MISSOURI 63701 (573)651-2000 Police Officer (Part Time) January 1997 to Present Provides police services for the Show Me Center, enforcing laws and regulations, and conducting follow-up investigations of various criminal activities. UNITED STATES MARSHAL'S SERVICE 339 BROADWAY, Room 200 CAPE GIRARDEAU, MISSOURI 63701 (573) 651-3579 Security Officer (Part Time) September 1989 to December 1998 Assisted U.S. Marshals in providing court room security during proceedings and aided in transporting prisoners. CAPE GIRARDEAU POLICE DEPARTMENT 40 SOUTH SPRIGG CAPE GIRARDEAU, MISSOURI 63701 (573)335-6621 Patrolman August 1978 to January 1979 April 1979 to August 1984 March 1985 to October 1985 Enforced laws and regulations and conducted follow-up investigations of various criminal activities. Assigned in the patrol, traffic, and criminal investigation divisions, and served as CPR Instructor for the Police Academy. -1- N' MARTIN -MARIETTA ENERGY SYSTEMS, INC. P.O. Box 1410 PADUCAH, KENTUCKY 42001 (502) 441-6000 Security Inspector September 1984 to March 1985 Preventive patrol of the property of the plant, and assigned as Security Inspector and Tactical Response Team Member (SWAT). SOUTHEAST MISSOURI HOSPITAL 1701 LACEY CAPE GIRARDEAU, MISSOURI 63701 (573) 334-4822 Security Officer (Part Time) August 1981 to June 1984 Provided security for hospital areas, controlled and assisted in the investigation, identification and elimination of difficult situations. PERRY COUNTY AMBULANCE SERVICE 434 NORTH WEST STREET PERRYVILLE, MISSOURI 63775 (573)547-2536 Mobile Emergency Medical Technician (Paramedic) January 1979 to April 1979 Maintenance of existing ambulance service, transportation of sick and injured, and continued training of personnel. SAINT FRANCIS MEDICAL CENTER V 211 SAINT FRANCIS DRIVE CAPE GIRARDEAU, MISSOURI 63703 (573)335-1251 Mobile Emergency Medical Technician (Paramedic) June 1976 to November 1979 Assisted in the maintenance of emergency facilities and supplies, minor patient care, and assisted emergency room physician. MILITARY EXPERIENCE UNITED STATES NAVAL RESERVES Hospital Corpsman June 1976 to April 1981 September 1987 to September 1993 Served as First -Class Petty Officer with Fleet Hospital 500 Combat Zone 22 Detachment A. Recalled to active duty in support of Operation Desert Shield/Desert Storm on January 2, 1991 through March 27, 1991, and was stationed in the country of Bahrain. To date have earned the Southwest Asia Ribbon, Over Seas Ribbon, and second National Defense Ribbon. UNITED STATES NAVY August 1972 to May 1976 Served as general duty hospital corpsman working in many areas of the medical field, including neurosurgery, radiology, sick bay, laboratory and pharmacy. Earned the Good Conduct Ribbon and fust National Defense Ribbon. -2- w r) HOSPITAL ORGANIZATIONS INTERNATIONAL ASSOCIATION FOR HEALTHCARE SECURITY AND SAFETY - MEMBER MISSOURI ASSOCIATION OF HOSPITAL SAFETY AND SECURITY DIRECTORS - PRESIDENT AMERICAN SOCIETY FOR HEALTHCARE RISK MANAGEMENT - MEMBER COLLABORATIVE PRACTICE COUNCIL - MEMBER CORPORATE COMPLIANCE COMMITTEE - MEMBER FIRE, SAFETY & DISASTER COMMITTEE - MEMBER - FIRE SUBCOMMITTEE - CHAIRPERSON - SAFETY SUBCOMMITTEE - MEMBER - DISASTER SUBCOMMITTEE - MEMBER SAINT FRANCIS FOUNDATION BOARD OF DIRECTORS - MEMBER FRIENDS OF SAINT FRANCIS —PRESIDENT 1999-2000 - LIFE MEMBER - GOLF TOURNAMENT COMMITTEE - MEMBER SAINT FRANCIS AUXILLNRY - LIFE MEMBER SOCIAL COMMITTEE - MEMBER - CHRISTMAS PARTY SUBCOMMITTEE - CHAIRPERSON - EMPLOYEE GOLF TOURNAMENT SUBCOMMITTEE - CHAIRPERSON - THANKSGIVING BASKET SUBCOMMITTEE - MEMBER ANNUAL DIABETES GOLF TOURNAMENT - MEMBER CIVIC ORGANIZATIONS Knights of Columbus, Council Number IIII - Member Veterans of Foreign Wars, Post Number 3838 - Member Cape Girardeau County Sheriff's Department - Reserve Police Officer Cape Girardeau Police Department - Reserve Police Officer REFERENCES Available upon request -3- CITY OF CAPE GIRARDEAU, MISSOURI -BOARD MEMBER SUMMARY Name Street Address 'Sn bor'deau iraf Telephone 31,Y /3R — 7'4;� Year Current Residence in Cape Girardeau Began Q ohP( Igg I Current Employer and Position M issouki DEFT. CotLSFRVATION – VWN Previous Employers and Positions A10 Qp�P7" e0-ASE&41W — As► DtsiQicr Fogzas z — 111iu-ersi4 aTM i:SSouvl --Co IC Community Activities (Include offices held and committee service) _t4f p,, it,�irGtr�eat�- Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly X Anytime B. Morning Noon Afternoon Evening Anytime _X By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as anindication that future membership on the board is no longer your desire. Signed Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. 1161V CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name -b F- i\l N 1 s' VSS (� Telephone: Day Home Address�'Q l W �'jJT, (�� Evening A� Year Current Residence in Cape Girardeau Began Current Employer and Position C�.Q��L-C - �j Previous Employers and Positions In which Board(s) are you interested? t4atQl'y, t,C�-�i Ptrx 4 k(,�e- Alwlsoai�, qz�QAet�, 0 Special Qualifications for specific board(s) (include past board service) 4 01 N PQ, INA v� N 4- N &A11-4 0 Educational Background G 2,i1---) vL--4,�,& Activities (Include offices held and committee service V -11— Meeting time(s) convenient for you: (Please check one in 4 one in B) A. Weekly Monthly Anytime B. Morning absenc '11 be regarded as an ' tion that future membership on the board is no longer your desire. L Signed t �� Date - "Q b ** oar d Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. r V Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Robert Scott Blank Telephone: Day 335- 7186 Name 36 North Main Street Evening 335- 4178 Home Address Year Current Residence in Cape Girardeau Began 1974 Current Employer and Position Bi- State Oil Company, Director of Operations Previous Employers and Positions In which Board(s) are you interested? Park Board Special Qualifications for specific board(s) (include past board service) Pi, anned anri di a . d two summer baseball camps for the Capaha Field Committee that generated more than $20,000.00 in revenue for the committee. Earned rank of Eagle Scout in 1991. Educational Background Fall 1997 B A Southeast Missouri State Univ. Spring 1993 Cape Central High School Community Activities (Include offices held and committee service) 1997 bions Club, 1998 Downtown Merchants Association, 1999 Southeast Missouri State Athletic Booster Club, 2000 Inducted as member of Southeast Missouri State University President's Council current memeber Meeting times) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime XXX B. Morning Noon Afternoon Evening Anytime XXX By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will be regarded as an indication that future membershiD on the board is no longer your desire. Signed / � Date ** Board Member Summary Sheets are valid for one year from the date that they are signed_ Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. V CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY ame S Q C L.USC,1-1 Telephone 5%�j 335- 407 Street Address e i-, S n S 4�-J Year Current Residence in Cape Girardeau Began N 0VQ1 Pe� C17 0'C Li rre 1 adoF 5 � 99 8 inex� Current Employer and Position PL) tt G Sc, GO 1 S — 4 r� Previous Employers and Positions Q Sf Kt 0 s f a-l� l� I VPJ"S f Gtr SS �� Wa,'S /PISS'-? In which Board(s) are you interested? Po-�k s 12�cf -Cc i m -L, Ad�s�� Specialualifi ations for specific board(s) (include past board service) SItate, Educational Background QCI�� o �� 1 � � - Q �,,, C�tStnrz -� tars a -d C �-yf tti- 1( / Qn,—, a- L- rS Community Activities (Include offices held and committee service) / 0 -Ac c C (J7re t,- � f> t C c- C%I GS L r rr-? SO 013-,, Q S t Li L SG-� sc-i1001 o�- Se k.2 PA Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime i< By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that fiiture membership on the board is no longer your desire. r, l t-7,e L AI%Rigned ' Date -7- / 1 - D ** Board Member Summary Sheets are valid for one year from the date that they are signed. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name V� i S C O Telephone: Day I C� A� k Home Address Evening Year Current Residence in Cape Girardeau Began (9 9 1 p Current Employer and Position In which Board(s) are you interested? b1 Special Qualifications for specific board(s) (include past board service) Educational Background Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one inA and one in B) A. Weekly' Monthly Anytime ' 111 V B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will be regarded as an indication that future membership qn the board is no longer your desire. Signed Date x) ** BoaVl Member Summary Sheets are valid for one year from the date that they are signW. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name Angela Kay Davidson Telephone: Day Home Address 2243 Sherwood, Cape Girardeau Eveni Year Current Residence in Cape Girardeau Began 1989 335-3300 334-2449 Current Employer and Position Mark S. Johnson, of Johnson & Payne, Legal Assistant Previous Employers and Positions James Hahn of Hahn & Mulcahy, Legal Assistant and clerk for Alliance Water Resources In which Board(s) are you interested? Golf Course Advisory Board, Parks & Renreat ion Advisory Board Special Qualifications for specific board(s) (include past board service) Educational Background B S in Economics from SEMO University Community Activities (Include offices held and committee service) R i v e r f e s t, 1996, 1997, 1998, & 1999. Board Member 1998 & 1999. Active member of St. Vincent DePaul Parish, and CASA (Court Appointed Special Advocate) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly x Anytime B. Morning Noon x Afternoon Evening x Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed Date October 11, 2000 ** Boa Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY ` None �� �' �N Telephone: Day �v S� 26 -YR C.. � Home Address H17 1-0A)&116k--) Evening 33y- OY5�, Year Current Residence in Cape Girardeau Began /O Z,' fs Current Employer and Position 6607 yqy �SSQui2i ��E ViyryFl�s�z/ A % Previous Employers and Positions rj f /NN�ErC ��.��C���- li►�PE�D /�/ldG>r5 S �6�� JOtfN Lp�,AN Co /IE�F ' 5/C S S�,evCiarc .Zl/, In which Board(s) are you interested? C7�4.,4 6jz106 AQ v/A- M41 PWkS 4-/l6e-d6AACVJ ALIISCrL✓ 601;4D �) Special Qualifications for specific board(s) (include past board service) f pRiy ,t. %�yae /� 4 Educational Background 3.5. /l/16NAIIJ�(,44, ti 7E4`%^J� ' ✓ N. S 1;4,4/yu,f;,�C7yI2ri J6 S X. A -%%Z RrU6 6DUc. 4 r/ON I- L,FVEtO�i�'rEr� Community Activities (Include offices held and committee service) r W4&,C 116t.6 /VCS CAMOWN/ «/ ,4t�N���ES a,- /'oai7iyxrs /�y Cyrr��r/17C-� s�2u(c�S onr�y a c lAtCle ,0 s6�-Pu.N6 07-1 1q1-0- Meeting q1-c Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly X Anytime B. Morning Noon Afternoon Evening X Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed C Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CRAIG G. DOWNING, PH, D. 1917 Longview St., Cape Girardeau MO 63701 (573) 339-0446 cdowning@semo.edu http://csti-pti.semo.edu/downing EDUCATION DOCTOR OF PHILOSOPHY, Workforce Education and Development, August 1999 Southern Illinois University at Carbondale Dissertation Title: An Engineer's Application of Non -Technical Skills in Team Based Environments MASTER OF SCIENCE, Manufacturing Systems, August 1994 Southern Illinois University at Carbondale Research Topic: Using Fuzzy Logic in Quality Function Deployment BACHELOR OF SCIENCE, Mechanical Engineering Technology, December 1992 Southern Illinois University at Carbondale INSTRUCTIONAL & RESEARCH EXPERIENCE Assistant Professor, Industrial and Engineering Technology Department, August 1999 - Present Southeast Missouri State University, Cape Girardeau MO ♦ Develop curriculum and provide instruction to Industrial and Engineering Technology students in Engineering Economy, Industrial Management, Total Quality Management, Manufacturing Resource Analysis, Fluid Power, Statics and Strengths of Material, and Statistical Process Control ♦ Member of curriculum and graduate program committee ♦ Co -faculty advisor for Society of Manufacturing Engineering (SME) student chapter Mathematics/Technology Instructor, Summer 2000 & 2001 Project Upward Bound: Southeast Missouri State, Cape Girardeau MO ♦ Developed curriculum and provided instruction to students in Physics, Calculus, College Algebra, Trigonometry, and Microsoft Excel ♦ Completed technology software training in the areas of web -page development (Microsoft Front Page), development of basic graphics (Adobe Photoshop), and creation of newsletters (Pagemaker) Mathematics/Physics Instructor, January 1995 - December 1999 John A. Logan College, Carterville IL ♦ Developed curriculum and provided instruction to students in Conceptual Physics and Mathematics Teaching Assistant/Peer Mentor, Spring 1991 - Spring 1995 Southern Illinois University at Carbondale: Center for Basic Skills ♦ Researched topics and facilitated small group discussions ♦ Provided academic guidance to at -risk students acclimating to the university Teaching Assistant, Fall 1993 - Spring 1994 Southern Illinois University at Carbondale: College of Engineering ♦ Developed curriculum and conducted study groups in the area of Quality Control INDUSTRIAL EXPERIENCE Spinnaker Electrical Tape Company, Carbondale, IL Operations Team Coordinator, September 1997 - May 1999 ♦ Served as internal change agent for self-directed team transformation ♦ Supervised production, quality assurance, and maintenance staff ♦ Facilitated on-site safety and technical training sessions Process Engineer, August 1995 - September 1997 ♦ Researched and designed cost-effective control mechanisms to maximize process capabilities ♦ Functioned as internal research and development coordinator for new product development ♦ Served as ISO 9000 implementation team leader, auditor, and trainer PUBLICATIONS Kulatunga, A. & Downing, C. (2001). Effects of Harmonics in Residential Electrical Power Metering, Proceedings of Measurement and Control Conference of The International Association of Science and Technology for Development, May 16-18, 2001, Pittsburgh, PA. Downing, C. G. (2000). Non -Technical Teaming Skills, Proceedings of National Association of Industrial Technology (NAIT), Research Division. Downing, C. G. (January, 2001). Essential Non -Technical Skills for Teaming, Journal of Engineering Education, 1(90), 1-5. WORKS IN PROGRESS Creating Win -Win -Win situations: Analysis of Industrial Outreach activities in NAIT accredited Industrial Technology programs. Piezo-mechanisms: The application of piezo-mechanisms in manufacturing processes to increase accuracy and precision. Multimedia Usage in Engineering Technology PRESENTATIONS Downing, C. G. (November, 2000). Non -Technical Teaming Skills, NAIT 2000 Convention, Pittsburgh PA. CONSULTING ACTIVITIES Orpack-Stone (ISO 9002 Supplier/Internal Quality System Audit) Tesa Tape Research & Development Facility (I•SO 9001 Quality System Audit) Southeast Missouri State: Project Upward Bound (Computer Technology Upgrades) Southeast Missouri State: Student Support Services (Computer Technology Upgrades) MEMBERSHIPS American Society for Engineering Education (ASEE) Society of Manufacturing Engineers (SME) National Association of Industrial Technology (NAIT) Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD MEMBER SUMMARY Page 1 of 1 Name nl 1-1 Telephone: Day (s-73) n-. - 33 \ 7- Evening (S�'3) 1oS1- 3oe Home Address q 5 Gl e n g i eLo Year Current Residence in Cape Girardeau Began lei ° S Current Employer and Position CAPE G1?-AQDEAv, CN r�E� of COMMErzCE �DIREcrog of MEr'lSE IHIP Dr:vc1DhHEt3T- PreviousEmployers and Positions Pp, SHeP 4 S-K��E DIWIJ4 I? -nay{- W��►,r�,ER, ScuTHeAS1u T '«SSOu(LI STATE- -?EL -SPL2Tc 4ARug11•x1 SP6c,llusr� ?ER>;YJ1u6 t�AR1�s a REc- �IRECTeR of i'�ARKET��� f aCTi�11 Tt6L SOL,-rNEAST OKSO.AI SMTE - %P-6cro2 of ATiLCr1(-5 MAKILE-r")4 / SOIirNE1�� riKS�uRI SwA STupGJr 4c Caejmq. Sut'eAy1902 In which Board(s) are you interested? ISA A" + PE c RE A -11 o ,J , Co LE GRAS E Special Qualifications for specific board(s) (include past board service) EP e.4 ri Exrryojceic€.0 e6/4r-1LcA,-)1 ry SEY2VjCq- V Educational Background BAC-ocut 12 aF GfyE2Al s-rvuu,6S + MAJOR ra '51POR S MAr�RGEM6rJ; Floµ '—LKr4eAST M%C4t'Vt1 STATE I eU-RRrn^IITL-`1 1 fZSv►�J(� Q ►lgSTE� bF SUEn�cE Inl IaDMI►>>sTfLATIO,J wrrH ;fly oPT1Dt4 to AT►tItTICS Dl^l1+JKrYi/�T,a�i Community Activities (Include offices held and committee service) CoAc li - Gr* YawrH eAsEea1— Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓ Anytime / B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed Date ✓ / %enewed q/5/01 Board Me er ummary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, 401 Independence, P.O. Boa 617, 63702-0617 http://www.showme.net/capecity/depts/councit/bdapp.htm 8/6/00 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name DON KAVERMAN Telephone: Day 651-2229 Home Address 1742 Northbridge St. (Cape) Evening 332-8606 Year Current Residence in Cape Girardeau Began February 1999 Current Employer and Position Southeast Mi ssouri State U/Di rector of Athl eti cs Previous Employers and Positions Missouri Western State College, Director of Athletics (1995-1999); San Diego State U, Assoc. Director of Athletics (1988-1995); San Diego State U, Head Athletic Trainer (1986-1988); Ferris State U, Coordinator of Sports Medicine (1980--1986). In which Board(s) are you interested? Park & Recreation Advisory Board Special Qualifications for specific board(s) (include past board service) Founding Board Member, St. Joseph, MO, Regional Sports Commission; 25 -year professional career in intercol- legiate and professional athletics; member of numerous professional associations. Educational Background B.A. General Business w/highest honor, Michigan State U (1975) M.A. Physical Education, Michigan State U (1977) Community Activities (Include offices held and committee service) Cape Girardeau Chamber of Commerce - member —Leadership Cape Girardeau - member (class of 2001) St. Francis Medical Center Foundation Board of Directors - member Southeast Missouri State University Booster Club - Executive Director Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime X B. Morning Noon Afternoon Evening Anytime X By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will be regarded as an indication that future membershi n the board is no longer your desire. Signed Date 1/23/2001 ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY RECEIVED SEP 1 7 2001 Telephone: Da r r 1 g S.7 g Name Lori Lynn p y HomeAddzess 1009 Camino Court Cape 63701 Evening35.5853 Year Current Residence in Cape Girardeau Began 2000 Current Employer and Position Director of Recreational Snort s-sailtheast Mn St- Univ Previous Employers and Positions Associate Director of Recreational Sn_nrbs Purdue Univ Assistant Director of Campus Recreation -.university of T11inois Coordinator of Re reatinnal Snorts Wichita Mata Uni'arrcitY In which Board(s) are you interested? Park & Recreation A d i snry R n a rrl Special Qualifications for specific board(s) (include past board service) Served on the Roard of Directors for the National Intramural -Recreational Snorts Associatinn 2terms/4 years Certified Recreational Sports Specialist Gratjuato of T eadersh i n Cane ci rard8ai} graduate of T.eaclerGh i n T.afay + e(IN) Educational Back ground Master of Science i n FdurAt i nn Fmphasi S i n RP(`Yeat i A4.) SIU -C Bachelor of Science"in Recreation -Southeast Mo State ITnivcrcity Community Activities (Include offices held and committee service) Chamber o f Commerce Am b a s s a d c Chamber of Commerce Student Leadership Academy -Senior Class Steering ram ittea University Representative on the Show Me Center Advisory Roard Athletic Board Southeast Missouri State TTni versi i -y Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly B. Morning Noon Anytime y_ Afternoon Evening Anytime x By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commiss�c1 ** B�d emb SS m�iary S is are valid for one year from the date that they are signed. Return to the City Man ger's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Nameajc-P- Es b1 fi bi r. Telephone: Day 573 - 33 S �� Home Address / 6 2s Evening 3 3-4--43 7--Lf- Year Current Residence in Cape Girardeau Began I $-S- l Current Employer and Position $ /►v4� - ��Z i %� �Q f�` S �L F QA CSL d j::f E -P Previous Employers and Positions A1 % .� 1',i lel. C® s Z %lC _ re 2�. tti-c� 2��t= �o� R�•G�l•N �o�.? c - C'�t Wr d In which Board(s) are you interested? 7 ft i;? k _ S . iib u -r 0 >v Special Qualifications for specific board(s) (include past board service) * {-) zt4 VaR1,6✓g 5 e(1.V" %L'S O P -G" U"csl' ke- o r B ktr G 5 -7-7Nas� ruva�Lvac) Educational Background t4 5 _)9 G e- n w -rt N-S� Sem mo L S Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening !/` Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will be regarded as an indication that fiiture membership on the board is no longer your desire. Signed (A- ITL Q_ N1A ► e Q Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. u 09/10/01 11:41 FAX 5736514865 SEE THE TRAINER Q01 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name Lbs kA - o Telephone: Day Home Address & t /J L-4 K. Y/x Evening_ 44;'( r a q Year Current Residence in Cape Girardeau Began �� S Current Employer and Position -M4- Af�,c •« �{ Previous Employers and Positionsy--1,9 , � a ;�e — ✓%` � � r f O,s4 � � � ooT In which Board(s) are you interested? (t A - C., f ✓<< < (aq 6a 'Ce•..hs Special Qualifications for specific board(s) (include past board service) Educational Background ►'(� — �� %—r'ti..�-� •"`� - a-v-Q%Cirt/1McgC�.7(Ogzy rc 4eiw�.1� Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime P` B. Morning Noon Afternoon Evening AK _ Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Signed board/ Sion. Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Boz 617, Cape Girardeau, MO 63702-0617. RE'EIVEn OCT o 2 2061 Name: Gary Scott Roth do-„ - U.51-1503 r .. QonMn - 33.4- ya-13 Current residence: lived in Cape since 1971 except for relocation for education Employer: Cape Anesthesia CRNA Previous Employers: Holiday Inn (porter), Shepherd Stall (manager), Jackson Madison County General Hospital (RN), Saint Anthony's Hospital (RN) Boards of Interest: Parks and Recreation, , Special Qualifications: coach of P and 4'h grade girls basketball ( 2yrs), Member of Jaycee Golf Course ( 1 yr) , Fall volleyball ( lyr), Coed Softball coach and player (2yrs), Mens slow pitch softball coach and player ( 2yrs), I feel my involvement in the Parks and Recreation activities over the last two years as a coach and a player will help me in my service to the Parks and Recreation Board. Educational Background: Bachelor of Science in Nursing Union University, Masters of Anesthesia Middle Tennessee School of Anesthesia Community activities; no offices held, no committee service, I am a member of Cape Bible Chapel and in charge of the young married ministry there. Meeting time: can meet most evenings , monthly would be the most convenient Signature: ' <<� ( G. Scott Roth) W CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name v!•vt ow Telephone: Day Home Address _ &6 F/ 2%0 bn-t— Evening Gr! --5'j Year Current Residence in Cape Girardeau Began _ 1998 Current Employer and Position two 15:4,4 Previous Employers and/Positions V4% In which Boards are you interested.%� �r l Special Qualifications for specific board(s) (include past board service) rrrr Ce- —/ -e- are -r Educational Background to 2s sr 5 k v /� S � �il ✓�'r..s«r �1 mac„ s�c-t l i Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime ✓ B. Morning Noon Afternoon Evening Anytime ✓ By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed ��if.s�. ow, Date /G S -1a ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name J /q -c -y Telephone: Day 611 -2 - Home Address 23 a � / Evening 33 V- 38 2-5~ Year Current Residence in Cape Girardeau Began Of C1 Z Current Employer and Position ►,, _ 01 V,,-, Previous Employers and Positions LD 1z 4 g -4C c In which Board(s) are you interested? _ T' rl s C4-`2 Special Qualifications for specific board(s) (include past board service) f t L P►�,�Q (4L F * 7, 0 Educational Background (AN I V b6 s b ff/J ?;r-1 +-Iyba Community Activities (Include offices held and committee service) �k 1 c,I Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly _X Anytime B. Morning Noon Afternoon Evening X Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will be regarded as an indication that fiiture membership on the board is no longer your desire. Signed Date / aA260a ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name aR,.r.c r S U Tie Telephone: Day Y73 -31Y- SPaY WIC Home Address Ala GeQ1c.►J'�tc EveningS13-65I-g49y Year Current Residence in Cape Girardeau Began /772, Current Employer and Position S p7.rrec k P l a.sTicS Cc,irRA[. 9e.q;z.d Previous Employers and Positions a MZ CAQn ( Cesr flet o".1 -TA --r - c In which Board(s) are you interested? C,�Cnn.�..a se A �. i, s' " a -a--- 1 PAAWS + Al114 Roz -,el Special Qualifications for specific board(s) (include past board service) IQ V J. S POATr C--nl j I e . ,--r-mss. A,oy-rA-s Is A6ACI Educational Background e C hQ N�tl�RS?1 1 11 XAS � �M l,INlJtr2J�Iry ,Sa.t� �IfSC�' GeJt-(.a(J e..iT IQoyQR.wf Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed 61 ** Board Member Summary S Date /0.51 i � are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name W. R. "Reeder" Withers Telephone: Day 335-1111 Home Address 906 Penny Evening 335-1111 Year Current Residence in Cape Girardeau Began Life Current Employer and Position Retired; Farmers & Merchants Bank; Boatmen's Bank; Nationsbank Previous Employers and Positions 18 years - Asst. Vice President Collection Officer; Charter Finance - 14 yrs.; Mid -South Finance - 1 yr.; Commercial Credit Corp. -.3 years Board of Directors Senior Citizens In which Board(s) are you interested? Golf Course Advisory Board; Parks and Recreation Advisory Board Special Qualifications for specific board(s) (include past board service) Retired from financial services business and have plenty of time to put to good use. Educational Background two years college Community Activities (Include offices held and committee service) Kiwanis Club - 20 years; Americar Legion - 30+ years; Elks Club - 20+ years. Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly B. Morning Noon _ Anytime XX Afternoon Evening Anytime XX By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Date ��- /� Signed C 1 ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. �il A 5� LIQUOR LICENSES 29 CITY OF CAPEGIRARDEAU \\ I y 401 INDEPENDENCE ` — V PO BOX 617 _ 1 CAPE GIRARDEAU MO 63702 PH:573-334-1332 FAX: S73-335-7946 --111`VNION INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NE�V RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 9-24-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from C N R ENTERPRISES d/b/a POCKETS located at 2021 INDEPENDENCE fora RETAIL LIQUOR BY THE DRINK Please complete inspection and return to the Finance Department. Referred to Police Department 9-24-01 Referred to City Inspector Date 9-24-01 license. Notice (sign) given to Applicant N/A for Council Meeting -•r Date Date APPROVED DISAPPROVED DATE COMMENTS POLICE DEPARTMENT CITY INSPECTOR li EA LTH INSPECTOR The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER CITYNIO O F CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 A � CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 Applicant Managing Officer Business Address APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW C N R ENTERPRISES CAROL JEAN LIT GE Type of Liquor License d/b/a RETAIL LIQUOR BY THE DRINK Type of license in last 6 months SAi-E Approval of A plic t by Police Date Signatui Inspection Personnel: Zoning Classification C " 2— The applicant ( rsno required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant tom, as 2nq posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure is not ithin 200 feet of a church or school building. This structure 00=) zoned correctly as requi d under Chapter 30 o the City Code of Ordinances. Date 16 - ci - 0 ( Signature This liquor license was conditionally approved by the City Council at their meeting on CITY OF CAPE GIRARDEA U POLICE DEPARTMENT LIQUOR ESTABLISHMENT ACTIVITY REPORT NAME OF BUSINESS: Pockets BUSINESS ADDRESS. 2021 Independence MANAGING OFFICER: Carol Jean Littge DATE OF REVIEW. September 26, 2001 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT. There is no criminal history on record for Ms. Littge. The attached application is for a new license at an existing liquor establishment. There were no incidents reported at the above location requiring police intervention since their last approval date. int John R Davis, i Services Division CGPD Form #112 ��a�, Mo `- ` I ' L �` CG(i; ���4 t off, CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 10-3-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from SUPAPORN HILL d/b/a SAFFRON located at 97 N KINGSHIGHWAY fora RETAIL LIQUOR BY THE DRINK & SUNDAY SALES Please complete inspection and return to the Finance Department. Referred to Police Department 10-3-01 Date Referred to City Inspector 10-3-01 Date Notice (sign) given to Applicant 10-1-01 Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR license. for Council Meeting 10-15-01 Date The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER rvlo CITY OF CAPEGIRARDEAU 401 INDEPENDENCE �o P O BOX 617 CAPE GIRARDEAU MO 63702 t �.,0� PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant SUPAPORN HILL d/b/a SAFFRON Managing Officer Business Address SUPAPORN HILL 97 N KINGSHIGHWAY Type of Liquor License RETAIL LIUQOR BY THE DRINK & SUNDAY SALES Type of license in last 6 months Approval o Applant by Police Date/&/)#W Signatu Inspection Personnel: Zoning Classification ► 1 NONE l V Dep rt re —ICL 5;f \j The applicant 41D ) required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicanthas; ,pasted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure (jam snot ithin 200 feet of a church or school building. This structureis, i coned correctly as requir under Chapter 30 of the City Code of Ordinances. - ,l Date ( 16 - G k Signature This liquor license was conditionally approved by the City Council at their meeting on eh) NAME OFBUSINESS: BUSINESS ADDRESS: CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT MANAGING OFFICER: DATE OF REVIEW. Saffron 97N. Kingshighway Supaporn Hill October 5, 2001 SUMMARY OFACTIVITIES EFFECTING THE ESTABLISHMENT.• There is no criminal history on record for Supaporn Hill. Ms. Hill is currently the managing officer of Manee Thai Food & Noodles at 1315 Broadway. This application is for a new license at the above address in the former Cafe Cape business in the Crossroads strip mall. There was one incident of stealing in one of the businesses in the strip mall during the past 12 months requiring police intervention. I.V�L r�nm mi ii �a`au MO "T CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 IIITTT CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 itti�It INSPECTION FORM FOR LIQUOR LICENSE TYPE OF APPLICATION: (circle one) NEW RENEWAL CHANGE IN MANAGING OFFICER Date of Submitted: 10-5-01 Current License No.: TO: POLICE DEPARTMENT AND INSPECTORS I have received an application from JAMES HARRISON d/b/a JIM'S for a 5% BEER BY THE DRINK located at 2100 BIG BEM license. Please complete inspection and return to the Finance Department. Referred to Police Department 10-5-01 Referred to City Inspector Date 10-5-01 Date Notice (sign) given to Applicant 10-5-01 Date POLICE DEPARTMENT CITY INSPECTOR HEALTH INSPECTOR for Council Meeting 10-15-01 Date APPROVED DISAPPROVED DATE COMMENTS /10, The Police Department and City Inspectors have completed their assigned review, with comments as noted above. The license is hereby authorized to be issued. DATE CITY MANAGER M ° CITY OF CAPEGIRARDEAU 401 INDEPENDENCE P O BOX 617 CAPE GIRARDEAU MO 63702 PH: 573-334-1332 FAX: 573-335-7946 APPLICATION FOR LIQUOR LICENSE CONDITIONAL APPROVAL REVIEW Applicant J"413S HARRISON Managing Officer Business Address 2100 BIG BEND Type of Liquor License 5% BEER BY THE DRIW Type of license in last 6 months Approval of pli ant by Date l S Inspection Personnel: Zoning Classification c — d/b/a JIM'S NONE Piolice Depart --- gnature The applicant Q required to post the notice required under Ordinance No. 376, Sec. 5-23-1. The applicant C4, posted for 10 days the notice required under Ordinance No. 376, Sec. 5-23-1 This structure*, i no within 200 feet of a church or school building. This structure (s�, ilzoned correctly as required under Chapter 30 of of Ordinances. - Date Q- �(I G 1 Signature City Code This liquor license was conditionally approved by the City Council at their meeting on n NAME OFBUSINESS: BUSINESS ADDRESS: MANAGING OFFICER: CITY OF CAPE GIRARDEAU POLICE DEPARTMENT LIQUOR ESTABLISHMENTACTIVITYREPORT Jim's 2100 Big Bend Rd James Harrison DATE OF REVIEW: October 8, 2001 SUMMARY OF ACTIVITIES EFFECTING THE ESTABLISHMENT: There is no criminal history on record for Mr. Harrison. The attached application is for a new liquor license at an establishment formerly operated as Rock's. There was one incident of stealing at the above location during the past 12 months requiring police intervention. c nt John it Do*, Services Division CGPD Form # 112 lil 5i� 5-11 CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 289 Agenda October 15, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Acceptance of Improvements and Authorize Final Payment South Ramsey Gravity Sewer -SRF Loan C295229-02,1994 Sewer Bond Phase II On December 18, 2000 by Resolution No. 1631, the Council authorized the City Manager to enter into a contract with Loana Contractors, Inc. for work which included the construction of 1,315 lineal feet of gravity 15" sanitary sewer pipe and five (5) manholes including clearing, grubbing, and turfing all of which constituted the South Ramsey Gravity Sewer portion of the Sanitary Sewer Improvement Program, Phase II. The work was publicly advertised and bids were received on November 28, 2000. A Change Order provided for the original soil backfill to be replaced with granular backfill under the areas where Southern Expressway and Silver Springs Road intersect and an entrance for the proposed high school are/will cross the sewer line; this adds greater protection for the sewer line from the weight of the traffic. The change increased the original bid price by $ 9,177.51 and increased the contract time by fourteen (14) calendar days. The total construction cost was $ 124,391.26. This work was funded through the State Revolving Loan Fund, Loan Number C295229-02, which the City is repaying with the 1994 Sewer Bonds. This work was inspected by the City's consultant engineer -Sverdrup Civil Corporation, has been satisfactorily completed and is ready for acceptance into the City's wastewater system. 1 recommend that the Council, by motion, accept the improvements as presented and authorize the final payment to Loana Contractors, Incorporated. Respectfully submitted, City Manager MAUMGWmb CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 290 Agenda October 15, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Acceptance of Improvement and Authorize Final Payment for the 1999 Slurry Seal Program. On August 2, 1999 by Resolution Number 1487, the Council authorized the City Manager to enter into a contract with N.B. West Contracting Company, Inc. for applying a Type II Slurry Seal overlay on William Street from Kingshighway to Sprigg Street. The work was publicly advertised and bids were received on July 27,1999. The work was inspected by the Engineering Division, has been satisfactorily completed and is ready for acceptance into the City's street system. The contractor met the contract deadlines and completed the work for a total of $97,254.13. All costs are being borne by the City under the Transportation Trust Fund. I recommend that the Council accept, by motion, the improvements as presented and authorize the final payment to N.B.West Contracting Company,Incorporated. Respectfully submitted, Mark. Lester City Engineer DO Michael G. Miller City Manager MAL/MGM/mb n OFFICE OF THE CITY ENGINEER (573)334-9020 FAX (573) 651 0960 October 17, 2000 Engineer's Final Report on the 1999 Slurry Seal program To the City Manager Of the City of Cape Girardeau, Missouri Dear Sir, CITY HALL 401 INDEPENDENCE P.O. BOX 617 CAPE GIRARDEAU, MO 63702-0617 I hereby report that the 1999 Slurry Seal Program which consisted of erecting barricades, handling traffic, notifying residents, applying a Type II Slurry Seal overlay, final cleaning of the surface and covering all metal surfaces and painting on William Street from Kingshighway to Sprigg Street has been completed by N.B. West Contracting Company, Inc. The contractor completed the work during September of 2000 in accordance with the plans, specifications, contract and ordinances adopted by the City Council therefor. The original contract time was thirty (30) calendar days for substantial completion and forty-five (45) calendar days for final completion which were September 5, 2000 and September 20, 2000 respectively. The contractor met these deadlines. I have computed the cost of said improvement as follows: Item Quantity Unit Cost Cost 1. Application of Type II Slurry Seal 43,172.0 S.Y. $2.20 $94,978.40 2. Paint 4" Stripe 19,981.0 L.F. $0.08 $1,598.48 3. Paint Traffic Arrows 21 Each $20.00 $420.00 4. Paint Stop Bars 343.0 L.F. $0.75 $257.25 TOTAL CONSTRUCTION CONTRACT ITEMS $97,254.13 LESS PREVIOUS PAYMENT $96,281.59 AMOUNT DUE THE CONTRACTOR $972.54 DESIGN ENGINEERING COSTS $426.83 CONSTRUCTION ENGINEERING/ INSPECTION COSTS $748.34 OTHER COSTS $668.00 TOTAL PROJECT COSTS $99,097.30 Total length of William Street improvement — 7,220.0 lineal feet On August 2, 1999, the City Council passed Resolution No. 1487 authorizing the City Manager to execute an agreement with N.B. West Contracting Company, Inc. for the 1999 Slurry Seal Program. Public Works crews were to do some preparation repairs on this portion of William Street prior to the slurry seal application. Unfortunately their work load became such that they could not get the necessary prep work finished before the weather turned too cold for asphalt work. N.B. West was asked to postpone fulfilling this contract until the warm weather of 2000. This cost of this work is being borne by the City under the Transportation Trust Fund. Respectfully submitted, Mark A. Lester, P.E. City Engineer MAL/tw 1999 Slurry Seal Project Project Reference Code 182-7025-7311-1950103 Purchase order number P001882 31bbW o W X101213 213 1S CDLU a W W 0018dS 0 o c 1S � Q N U-1 o Z m W Wcc L� _m ~a. � SI113 U) Elf z N Of u ~ OId10bd tY LLj 41 �o, 1S N mos, �) (n 1S C/) NOIN38 2130N3H z 3A b din NbH b 0 i ci NoswoN3H ►= CD 'yoN ,- w vi ON3 1S3M �8bd v 3Ab �b 0 w .Ml 3Ab Nil V8-1 bNblslnol w bNbISInoi d w � '3A b 7 3A b ldnosslw o �' N 213113114 b Z 3A b b1 OSANIW ,_ b10S3NNIW o- Ml8 ; 'is cn 6I_3SNns N pl �g m w ��S Slnol '' 'r W ��S '3A b Q ya S213H1n21bo _W = = o ►- H 0>1 f pyo 1S u b1130800 Nb3183HS ba Nbp1213HS 16381b Wd r�cMerre "' n �1021b10 �o ONIadS _J om Y wco0N121dS >-1S Avmvzbld `= 1S CAPE 1S 3NI1SI21Ho bONll bM H, // 0 NJ>/ 1S Z CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 291 Agenda October 15, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Acceptance of Improvements and Authorize Final Payment for the 2000-1 Slurry Seal Program. On July 3, 2000 by Resolution Number 1578, the Council authorized the City Manager to enter into a contract with N.B. West Contracting Company, Inc. for applying a Type II Slurry Seal Overlay to the following streets: Scott Street from Missouri Avenue to Perry Avenue, Wayne Street from Perry Avenue to West End Boulevard, Ripley Street from West End Boulevard to dead end, Ozark Street from West End Boulevard to dead end, Carter Street from West End Boulevard to dead end, Madison Street from Perry Avenue to Perryville Road, Missouri Avenue from Stoddard Street to Ripley Street, Frederick Street from Emerald Street to dead end, Roberts Street from Main Street to Rand Street, Second Street from Big Bend Road to Main Street, Third Street from Big Bend Road to Main Street, Olive Street from Sprigg Street to Middle Street, Brucher Street from Bertling Street to dead end, Northwoods Court from Main Street circling east and back to Main Street, Johnson Street from Main Street to Rand Street, Jasmine Lane from Rampart Street to Carolina Lane, Magnolia Avenue from Rampart Street to Carolina Lane, Albert Rasche Drive from David Drive to Randol Ave., Themis Street from Frederick Street to Lorimier Street, Independence Street from Lorimier Street to Water Street, Merriwether Street from Pacific Street to Sprigg Street, Good Hope Street from Frederick Street to Aquamsi Street, Ellis Street from Broadway to Independence Street, Sprigg Street from Good Hope Street to the alley, Lorimier Street from Broadway to Independence Street, - Belleview Street from Ellis Street to Sprigg Street, North Street from Frederick Street to Middle Street, Grandview Drive from Lexington Ave. to Melrose Ave., Rampart Street turn out at Lexington Avenue, and Belleridge Pike turn out at Lexington Avenue. Council Letter No. 291 Agenda: October 15, 2001 2000-1 Slurry Seal Program Page Two The work was publicly advertised and one bid was received on June 13, 2000. The work was inspected by the Engineering Division, has been satisfactorily completed and is ready for acceptance into the City's street system. The. Contractor met the contract deadlines and completed the work for a total of $100,951.20. All costs are being borne by the City under the Transportation Trust Fund. I recommend that the Council accept, by motion, the improvements as presented and authorize the final payment to N.B. West Contracting Company, Incorporated. Respectfully submitted, Ma k A. Lester t City Engineer Michael G. 91—Mer City Manager MAL/MGM/mb u M r) OFFICE OF THE CfTY ENGINEER (579) 334-9020 FAX (57$) 651-08W October 17, 2000 Engineer's Final Report on the 2000-1 Slurry Seal Program To the City Manager Of the City of Cape Girardeau, Missouri Dear Sir, CITY HALL 401 INDEPENDENCE P.O. BOX 617 CAPE GIRARDEAU, MO 63702-0617 I hereby report that the 2000-1 Slurry Seal Program which consisted of erecting barricades, handling traffic, notifying residents, applying a Type II Slurry Seal overlay, final cleaning of the surface and coverin€ all metal surfaces to the following streets has been completed by N.B. West Contracting Company, Incorporated. 1. Scott Street from Missouri Avenue to Perry Avenue: length -342.0 feet, width -20.0 feet. 2. Wayne Street from Perry Ave. to West End Boulevard: length -782.0 feet, width -20.0 feet. 3. Ripley Street from West End Boulevard to dead end: length -762.0 feet, width -20.0 feet. 4. Ozark Street from West End Boulevard to dead end: length -488.0 feet, width -17.0 feet. 5. Carter Street from West End Boulevard to dead end: length -348.0 feet, width -16.0 feet. 6. Madison Street from Perry Avenue to Perryville Road: length -433.0 feet, width -29.0 feet. 7. Missouri Avenue from Stoddard Street to Ripley Street: length -849.0 feet, width -20.0 feet. 8. Frederick Street from Emerald Street to dead end: length -432.0 feet, width -20.5 feet. 9. Roberts Street from Main Street to Rand Street: length -662.0 feet, width -21.0 feet. 10. Second Street from Big Bend Road to Main Street: length -668.0 feet, width -21.0 feet. 11. Third Street from Big Bend Road to Main Street: length -672.0 feet, width -21.0 feet. 12. Olive Street from Sprigg Street to Middle Street: length -783.0 feet, width -21.0 feet. 13. Brucher Street from Bertling Street to dead end: length -736.0 feet, width -29.0 feet. 14. Northwoods Court from Main St. circling east and back to Main St.: length -1,142 feet.,width-8.5 feet. 15. Johnson Street from Main Street to Rand Street: length -571.0 feet, width -20.0 feet. 16. Jasmine Lane from Rampart Street to Carolina Lane: length -568 feet, width -18.0 feet. 17. Magnolia Avenue from Rampart Street to Carolina Lane: length -557.0 feet, width -24 feet. 18. Albert Rasche Drive from David Drive to Randol Ave.: length -1,161.0 feet, width -25.5 feet. 19. Themis Street from Frederick St. to Lorimier Street: length -1,226.0 feet, width -38.0 feet. 20. Independence Street from Lorimier Street to Water Street: length -738 feet, width -39.0 feet. 21. Merriwether Street from Pacific Street to Sprigg Street: length -775.0 feet, width -48.0 feet. 22. Good Hope Street from Frederick St. to Aquamsi St.: length -1,818.0 feet, width -49.0 feet. 23. Ellis Street from Broadway to Independence Street: length -831.0 feet, width -40.0 feet. 24. Sprigg Street from Good Hope Street to the alley: length -227.0 feet, width -39.0 feet. 25. Lorimier Street from Broadway to Independence Street: length -856.0 feet, width -39.0 feet. 26. Belleview Street from Ellis Street to Sprigg Street: length -398.0 feet, width -40.0 feet. 27. North Street from Frederick Street to Middle Street. Length -367.0 feet, width -30.0 feet. 28. Grandview Drive from Lexington Ave. to Melrose Ave: length-1,880 feet, width-28.0 feet. 29. Rampart Street turn out at Lexington Avenue: length-225.0 feet, width-28.0 feet. `./ 30. Belleridge Pike turn out at Lexington Avenue: length-75.0 feet, width-40.0 feet. The contractor completed the work during September of 2000 in accordance with the plans, specifications, contract and ordinances adopted by the City Council therefor. The original contract time was thirty (30) calendar days for substantial completion and forty-five (45) calendar days for final completion which were September 5, 2000 and September 20, 2000 respectively. The contractor met these deadlines. I have computed the cost of said improvement as follows: Item Quantity Unit Cost Cost 1. Application of Type II Slurry Seal 70,105.0 S.Y. $1.44 $100,951.20 TOTAL CONSTRUCTION CONTRACT ITEMS $100,951.20 LESS PREVIOUS PAYMENT $99,941.69 AMOUNT DUE THE CONTRACTOR $1,009.51 DESIGN ENGINEERING COSTS $1,634.82 CONSTRUCTION ENGINEERING/ INSPECTION COSTS $1,600.02 OTHER COSTS $303.60 TOTAL PROJECT COSTS $104,489.64 Total length of Slurry Seal improvements — 21,372.0 lineal feet. On July 3, 2000, the City Council passed Resolution No. 1578 authorizing the City Manager to execute an agreement with N.B. West Contracting Company, Inc. for the 2000-1 Slurry Seal Program. The cost of this work is being borne by the City under the Transportation Trust Fund. Respectfully submitted, Mark A. Lester, P.E. City Engineer MAL/tw 2000-1 Slurry Seal Project Project Reference Code 182-7025-7311-1950103 Purchase order number P003122 CITY OF CAPE GIRARDEAU Council Memorandum No. 41 October 10, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointments to the Planning & Zoning Commission Dear Mayor and Council Members: Three positions on the Planning and Zoning Commission are set to expire November 1, 2001. Tom Mogelnicki, and R.J. McKinney have expressed interest in being reappointed, and their board member summary sheets are attached for your review. Larry Westrich does not wish to be reappointed, and his letter is also attached. A copy of the roster is included for your information. The following individuals have expressed an interest in serving on the board, and their board summary sheets are attached. (Nilliam F. Green Scott M. Rhodes Greg Williams Wmford S. Griffith Ed Rinda Harry J. King Loretta Schneider Unless directed otherwise, three appointments to the Planning and Zoning Commission for terms expiring November 1, 2005, will appear on your November 5 agenda for consideration. If you have any questions or need further information, please contact this office. Respectfully submitted, i �C�x� Gayle )✓.- onrad City Clerk Michael G. Miller City Manager n Roster of Advisory Boards and Committees October 1, 2001 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with terms commencing January 8, 1996. Planning and Zoning Commission e four year terms, appointed by Council. Meetings held second Wednesday at 7:00 p.m. in Council Chambers. k,ummission reviews and recommends actions on zoning changes and land subdivision and plans for the city. Staff contact - City Planner. Date Appointed Date Reappointed Term Expires Tom Mogelnicki February, 1988 10/21/96; 11/17/97;7/2/01 November 1, 2001 R. J. McKinney October, 1989 10/18/93; 11/17/97; 7/2/01 November 1, 2001 Larry Westrich May 1, 2000 --- November 1, 2001 Robert Cox June, 1982 10/24/94; 10/19/98; 7/2/01 November 1, 2002 Thomas Holshouser January, 1987 10/24/94; 10/19/98 November 1, 2002 Sue Ann Rademaker July 17, 2000 --- November 1, 2002 Charles Haubold November, 1987 10/16/95; 10/18/99 November 1, 2003 Harry Rediger July, 1989 10/16/95; 10/18/99 November 1, 2003 Ray Buhs October, 19, 1998 10/23/00; 7/2/01 November 1, 2004 Robert Blank October, 1996 10/23/00 November 1, 2004 Glenn W. Smallwood, Jr. August 2, 1999 10/23/00 November 1, 2004 e four year terms, appointed by Council. Meetings held second Wednesday at 7:00 p.m. in Council Chambers. k,ummission reviews and recommends actions on zoning changes and land subdivision and plans for the city. Staff contact - City Planner. CITY OF CAPE GIRARDEAU, MISSOURI pOA-RD MEMBER SUlV AIARY OGE[-��— ? 7 3 TName Home Address '?6-9 �P QA X ,4§ 4 �-T C4w Evening 3 �, S� r 4f Year Current Residence in Cape Girardeau Began le $� Current Employer and Position S 61- F A p c f- co us T Previous Employers and Positions -qC(-F F/►,P / Gty ja n -�6 ►2 /a Xg Aa I In which Board(s) are you interested? e L ,A Al "-T jv 6 -G - Special Qualifications for specific board(s) (include past board service) H t90 E � F x w o A' t�d �u2 s �v�rea� �cK�rtl �19g�%- Educational Background x4y �.o pkTrrt gc.i��c� `�/eo� S�n� 6 Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly B. Morning Noon _ _ Anytime Iq Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date ** board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. DSW DEVELOPMENT CORPORATION w_ - 101 S. FARRAR DRIVE P.O. BOX 1214 CAPE GIRARDEAU, MO 63702-1214 (573) 335-3134 S FAX (573) 335-5125 October 10, 2001 Mr. Michael Miller Cape Girardeau - City Manager P.O. Box 617 Cape Girardeau, MO 63701 Re: Planning & Zoning Commission Dear Mr. Miller: In May of 2000, 1 was appointed to serve on the Planning & Zoning Commission for our City. I have worked with City personnel for several years through the daily duties of my private job. Before my service on the Commission, while respecting the City staff, always felt a great deal of frustration towards the bureaucracy of City government. During my term on the Commission, I have learned much about the internal workings of the City and the activities of the staff. Needless to say, my respect of the City staff has grown. At times it is still frustrating, but I better understand why an easy, point blank question does not always have a cut and dry answer where the City is concerned. My commission expires this month and I regrettably submit my resignation from the Board because I am moving my residence about % mile outside the City Limits of Cape Girardeau. The City will undoubtedly be annexing additional property in the near future and when my residence is annexed, I would like to reapply for a seat on the Commission. Meanwhile, I will continue to work closely with the City staff on Drury Southwest related projects. I will continue to push our requests and undoubtedly lock horns with the staff, but, my additional understanding of the City's infrastructure will hopefully make it easier on both sides. I hope my short time of service has been of value to the City. Thank you. Sincerely)al� J4.. , Larry Westc Vice President cc Kent Bratton CITY OF CAPE GIRARDEAU, MISSOURI Ime R. J. MCKINNEY Street Address 1830 Marietta Year Current Residence in Cape Girardeau Began Current Employer and Position _ Retirr.:�d 1950 Previous Employers and Positions I Jim Wilson Co. Telephone 335-3481 In which Board(s) are you interested? PLANNING & ZONING COMMISSION Special Qualifications for specific board(s) (include past board service) I have been a resident of Cape Girardeau for forty-seven years and have had management experience with a major Capp Girartlaa„ business for farry-seven years T served as Vice -Chairman of the Planning & Zoning Commission for two years and am presently serving as Chairman. I believe that MY Fast On tile co—f— -ii! be a major berrefit ULL tht! 0 the city, if I am reappointed. ucationalBack rg ound High School and Junior College with a degree in accounting. Community Activities (Include offices held and committee service) Member: Grace United Methodist Z ui'� rT Lions Club, past President and Secretary; Southeast Missouri State UniversiFy Copper Dome Society, Cancer Gala committee: Board member of Greater Cape Development Corp., Colonial Cape Goundation, Grace United Methodist Church Foundation, Southeast MT u nit Fniindari nn f Communi r�f'nu�cal i ng Gentar Foundati nn Southeast Missouri Crime Stoppers, Inc., and past board member of the Cape Girardeau Chamber of Commerce and Gape Girardeau Getney Planning & Zoning Go.-*-- . —1. Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime x B. Morning Noon Afternoon Evening Anytime x By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed r) ** Board Member Summary Sheets are valid k, Date Aily 2, 2001 one year from the date that they are signed. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name �/�i Gf w1 eN Telephone: Day Home Address ,2.2- D 6,-J is,) Evening S&,- -�- Year Current Residence in Cape Girardeau Began / 9' el `f Current Employer and Position %'-C ti/ -e W Previous Employers and Positions 4,Ajaea 01-'1661. C /I A/ r ,/-0rt.1 ,A,f ���C/i�r haler III -P I— " La �,`s f,'« IWA Al asp .�. �1, r In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) (iz 4-'101 C; 7-1 I r71--111 Educational Background Community Activities (Include offices held and committee service) s c o f-7 .� �' ' / 0 Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime X_ B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed Date/G ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI RO A RT) MFMBER SUMMARY DameWinford S. Griffith Telephone: Day 973 6:91 45513 Home Address 1927 N, Ki ngGhi ghway T•0.T 63 Evening 73 -651 155q . Year Current Residence in Cape Girardeau Began 1970 19/0 Current Employer and Position Retired From Arkansas _Fht 26years Previous Employers and Positions In which Board(s) are you interested? p 1 a nn i ng and Zoning ^e }sem e Special Qualifications for specific board(s) (include past board service) Ret i r e d f r nm (,, and B (`-nnctriiotinn !-o !!ad Genera! -cont3Lta,SIL'.'n Philadei^y' a1se Electi al And P1 nmhi nn T i /educational Background Cape Public schools, nt ai 1 ui qhs rot r E ]D- in US Navy Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime xxx B. Morning Noon Afternoon Evening Anytime XXX By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed ' ' Date ** Board Member Summary ShggVare valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. 4 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY `) Name 1� R 11U C Telephone: Day Home Address 1730 �Y'evn ovt[ Com- i Y`a a�� Evening' 3 —33 5'--1 q Year Current Residence in Cape Girardeau Began a l g 2 Current Employer and Position a l' Previous Employers and Positions J %-&V1�� 4 Fi- •Uu • o . 544-- f�(n` v >�-.Pro mss o�' p wo,, Lv Z2 l4 714 9 <�Ic5 vA oC.0 D i (-",yc.. Pri h c.i f- �� rC�tio_E?cphn,re..kt o In which Board(s) are you interested? 42,id 9 Special Qualifications for specific board(s) (include past board service) 9 vrs oma. r nC4 u•iQr� Educational Blick Community Activities (Include offices held and committee service) --1-- 1. . - - - - - _6____ J—&, ,u go r Cefl Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly B. Morning Noon _ Anytime X Afternoon Evening By signing this document, you agree to serve and attend regularly 5— r Anytime Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed -- ** Board updakd -) a -a l ` Date /�o © �1 mary Sheetl are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI _ __ ___----- ___ __ - , ,.. r lame 9-t�tls Telephone: Day s43— 3z 1-k- Home Address 3`1\`\ Q�QCJ-�-\,jk� 1 p o %a� Evening SA -3 - (,PS( -g-$( Year Current Residence in Cape Girardeau Began Current Employer and Position \ Previous Employers and Positions /yljAI6 cE , 7 In which Board(s) are you interested?'"NN IVB -V 10 N /,✓Li W)e h C7q:, Special Qualifications for specific board(s) (include past board service) V LCr aOE-Si Or-ly7" G(- A- /(,Y✓Al� �i��0 �/ ��I/ l�l'�i� D r Cj0/j'l�h�l &Z- /yIl/G�Y `/�/I11� � /�.✓Y> f2f'Sl/��1�/T/AL �c.�fL �ST,9-r �" / educational Background/9y6- ��'�6 CSE,-✓rn� /�i s�� ����- Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in an ve(12�r�nsecutive months, will result in your position being automatically forfeited on the bo co on jk, Date I b� 2A i g n e d , MV -M M �,Wffl &L ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. 10/10/00 11:02 FAX 5736514865 SEE THE TRAINER (1hol CITY OF CAPE GIRARDEAU, MISSOURI l>OARD ME, hILE' `Z. SUIv ldARY Name t � a Home Address (a f 01" Year Current Residence in Cape Girardeau Began it /93 Telephone: Day &� f - y�64 Evening 6'� l - o8�`I Current Employer and Position �i.ee T�� Tta:.� e� 4i� LA -6 fe «� .e �-�►� o�-�� �- Previous Employers and Positions 4't . eo,..S�a�t- f r ✓'r rD ''Iriyysti�cl {�-t..�a� — I(/ rt it�T ti,Nl Ki'��Q . C In which Board(s) are you interested?(!��� � ler r �e «,Q '► e.�. < r 1. /A�"vKtr .l I i ?Vll f( -,AC \� ; r v; D V i S i tr+, r�Ci Special Qualifications for specific board(s) (include past board service) L> µ S f �Q �S t D ct7 •t 2!� Educational Background O V4 s — ,fin d s % �-� `�` 'ti A' { u . -14S' `J QQU Community Activities (Include offices held and //committee service) CT) .-Av... � •a-�' - L'e �-o " r v .,'A IBJ rv(i.... b .al` i ✓ •�.h Cq y I t /�Ky µ'el - 7 D`�T 7 al Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly i1 Monthly K Anytime B. Morning Noon Afternoon Evening r ->e— Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed Date ID 7 9-p ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's OflMce, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GHLUMEAU, MISSOURI Telephone: Day33v�^J3 3'� Home Address Evening Year Current Residence in Cape Girardeau Began Current Employer and Position Previous Employers and Positious,ed In which Board(s) are you interested? Specialualifiicatio s forspecificboard(s) (include /past board service) K'"�' ducational Backrg ound ctivi 'es (Include offices held and committee service) _i,I /rffT . /0/_ Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. lei Date D D T ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. J CITY OF CAPE GIRARDEAU, MISSOURI BOARD ATEMPER SUMMARY NameMZEY Telephone: Day 3,`fi/ Home Addre % d6. S ��5 , �: Evening Year Current Residence in Cape Girardeau Began l (o Current Employer and Position Previous Employers and Positions I In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) Educational Background Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime `l-�- B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twe nsecutive months, will result in your position being automatically forfeited on the board/corvn sign. Signedv,Al, Date ** Bo a ummary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. A� euJ r CITY OF CAPE GIRARDEAU Office of the City Manager Council Memorandum No. 42 October 10, 2001 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointments to Golf Course Advisory Board Dear Mayor and Council Members: Two terms on the Golf Course Advisory Board are scheduled to expire November 12, 2001. Ed Kaiser and Caryn Michel have expressed interest in being reappointed to the Board, and their board summary sheets are attached. In addition due to attendance requirements for advisory boards, Tom Meyer is no longer a member of the board. He was absent from four meetings of the board within a twelve month period. He was serving a term scheduled to expire November 12, 2002, and he has requested, by letter, to be reappointed to the board to complete his term. According to Section 18-53(a) of the City Code, "A person appointed to the municipal golf course board shall be a taxpayer and qualified voter of the City. One (1) member of the municipal golf course advisory board shall be a member of Cape Jaycees and designated by that organization as its representative on the golf course advisory board. " Michael Leimer presently serves as the Jaycee representative. f� The following individuals have expressed an interest in serving on the board, and their board summary sheets are attached. Ron Carlton Jared Ciseo Angela Davidson Craig Downing Jeff Glenn Tim Gould Charles V. Heady, Jr. Lori Lynn Samuel McCune Thomas M. Nelson Ed Rinda Bruce J. Utley Charles Wagoner, Jr. W. R. "Reeder" Withers Unless directed otherwise, two appointments to the Golf Course Advisory Board for terms expiring November 12, 2004, and one term expiring November 12, 2002, will appear on your November 5 agenda for consideration. If you have any questions or comments, please contact us at your convenience. Respectfully submitted, Gayle City ( Michael G. Miller City Manager Roster of Advisory Boards and Committees October 1, 2001 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with terms commencing January 8, 1996. Golf Course Advisory Board Council member, ex -officio Date Reappointed Date Appointed Ed Kaiser November, 1989 Caryn Michel November, 1995 James Banken March, 1996 Walter B. Wildman June 19, 2000 Michael Leimer (Jaycees) December, 1996 Thomas R. Higgins June, 1994 Thomas M. Meyer July, 1990 Michael Hopen May, 1991 Jackie Ahrens October 23, 2000 Council member, ex -officio Date Reappointed Term Expires 11/06/95; 11/02/98 November 12, 2001 11/06/95; 11/02/98 November 12, 2001 02/01/99 January 18, 2002 --- January 18, 2002 --- September 4, 2002 September 3, 1996 September 4, 2002 11/4/96; 10/18/99 November 12, 2002 11/07/94;10/20/97;10/23/00 November 12, 2003 --- November 12, 2003 Serve three year terms, appointed by City Council. One member shall be a member of Cape Jaycees and designated by that organization is its representative. Regular meetings held fourth Thursday at Noon at the A.C. Brase Arena. Parks and eation Director and Golf Course Superintendent meet with Board. A City Council Member may serve as liaison. Staff wi tact - Parks & Recreation Director. CITY OF CAPE GIRARDEAU, MISSOURI BOARD XMMBER SUND✓IARY Name l_ a n Va.) A- flN, �e k e% Telephone Street Address .2961 Y� epp, - al A/v-e Year Current Residence in Cape Girardeau Began 194-1 Current Employer and Position 1 C �erylue-A Previous Employers and Positions VW --m zzt -, n i e,&.. � 4 a, - A-All"a 4".��,i In which Board(s) are you interested? 6Gl p 06ur s, A cIv t' So r / e6a Ad Special Qualifications for specific board(s) (include past board service) �i / ?6 % - /%�U ' �� ,� 1117,e 5 de --y gZ 94' 9/'d 1/'"r eiz. -I (�-/ /"�/s �6 �fi , �C�S 11 1�����wl��y 0/'e EducatiionalBack rg ound Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime —kl-� B. Morning Noon Afternoon Evening Anytime —41�� By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed 01 Date o S ** Board Member Summary Sheets are valid for one year from the date that they are signed. SEP -22-1994 08:1? C t TY MANAGER -T=APE G 1 R 110 CITY OF CAPE GIRAtWI�AU, 1V1ib6vr.Jxx.K BOARD MEMBER SUMMARY RECD S E P 151995 131433579.46 P.01/01 Name jl - ` / F C_ p ` Street AddressYear Current Residence in Cape Girardeau Began Current Employer and Position e Previous Employers and Positionsi �---= - h i 0 1- j In which Board(s) are you interested? SSLw ial Qualifications for specific b and(s) (include 4- _ board service)_ --- Community Activities (Include of aces held and co/mnuttee se ice) Meeting tintc(s) convenient for. you: (Please check one m A and one in B) A. Weekly __Monthly Anytime B. Morning Noon moon Evening Anytime By signing this document, you agree. to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that tore membership on the Board is no longer your desire. L Signed L� ���� Date '00W K� Board Member Summary Sheets are valid for one year from the date that thCy ars SigrtLd_ RECEIVED SEP 2 6 W THOMAS L. MEYER, REALTORS RESIDENTIAL, COMMERCIAL & INDUSTRIAL 230 North Sprigg, P. O. Box 661, Cape Girardeau, MO 63702-0661 Fax No.: 573-3342878 Tel.: 573-3342876 City Manager's Office City Hall 401 Independence Cape Girardeau, MO 63701 Attn: Gail Conrad Dear Gail, I received the letter from the City Managers, in regard to my missing meetings on the Golf Board, and the City regulations concerning it. I would like to resubmit my application for the Golf Board, in order to finish out my remaining term, which ends in November of 2002. Each year, I have prior commitments that are scheduled in the fall, that keep me from attending the Golf Board meetings set for the fourth Thursday of each month. This fall is no exception. However, after this missed September meeting, I would be able to continue with the required attendance rule. The initial remaining time I have, up until November 2002, would term me out at that point. If you have any questions, please give me a call. Thank -,You, Thomas M. Meyer Golf Board Member cc: Dan Muser REALTO R`° sifrce CITY OF CAPE GIRARDEAU, MISSOURI _ _. --- -"__ -- , ,-._ Tame nt�l �� E 2 Telephone: Day r .S'T3, 33142) ?moi Home Address ,3/� /U, Evening(�/ 3 3 S= Z fie/ Year Current Residence in Cape Girardeau Began Current Employer and Position 5 320/C 1 --O�tiA et— Previous Employers and Positions In which Board(s) are you interested? �U/�' 13e A At- �-z Special Qualifications for specific board(s) (include past board service) �����o�•�� Educational Background Community Activities (Include offices held and committee service) (i /-y sZr — C / f// -c.%�1,f /,- i, e q'—A Vl4V e2 S < <' p s Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI .31 BOARD MEMBER SUMMARY le --;Nl) Name k {.. 6A e- o N Telephone: Day Home Address (oZ — i) g A��Pc 2+0�-pie Evening ? 3 3 i' 7D? `7 Year Current Residence in Cape Girardeau Began Current Employer and Position AAL 5 S Q l is N a U Previous Employers and Positions 5 �—= J&D BA-jk— an kf, � S In which Board(s) are you interested? L L Special Qualifications for specific board(s) (include past board service)'��Q 2J a c\J �n � 1n � 6 40-- L b Z,;o t - .e _ Educational Background >Vs(No-S3 JV\\pQAge.til-aa/ Community Activities (Include offices held and committee service) "< IC S N C O [U6, Ckvz.Ck �AQ St C- '&A" . Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime &-I- B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date 1 Z5G� b ** Board Member Summary Sheets are valid Or one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI �)Name J4 C e (A C j S C O Telephone: Day 1-) 5"0 - 515C.9 Home Address � 010 A/ C(Gr k Evening Year Current Residence in Cape Girardeau Began (9 - /a - Current Employer and Position mbi C6"m In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service)_ �(►� S S Q, ry t CQJ Educational Background Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime V/1'- B. / B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will be regarded as an indication that future membership qn the board is no longer your desire. Signed Date - C) 1 ** BoaYl Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name Angela Kay Davidson Telephone: Day 335-3300 Home Address 2243 Sherwood, Cape Girardeau Evening 334-2449 Year Current Residence in Cape Girardeau Began 1989 Current Employer and Position Mark S Johnson, of Johnson & Payne, Legal Assistant Previous Employers and Positions James Hahn of Hahn & Mulcahy, Legal Assistant and clerk for Alliance Water Resources In which Board(s) are you interested? Golf Course Advisory Board Parks & Recreation Advisory Board Special Qualifications for specific board(s) (include past board service) Educational Background B S in Economics from SEMO University Community Activities (Include offices held and committee service) Riverfest, 1996, 1997, 1998, & 1999. Board Member 1998 & 1999. Active member of St. Vincent DePaul Parish, and CASA (Court Appointed Special Advocate) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly X Anytime B. Morning Noon X Afternoon Evening X Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed J Date October 11, 20U ** Boa Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. W rTTv n V 0 A pF 0-M A RDFAU. MISSOURI e�M16 Name div rc,� Telephone: Day �v 5 06 fF Home Address /9/7 4oN66116 cu i)iL Evening Year Current Residence in Cape Girardeau Began /O 11f FF Current Employer and Position XSsgtwl- S—,*7,5 Viyremi ry As% 4i-mr rL. Previous Employers and Positions s �/NN�4KE�C ��:�����, �i�,�E�O /��dL�S S �6 ��E•2._ JJo�N �� lo�A� Co/E�' 1����t/♦ C-�NuS�iey� �C/iC f�Y /S Sl fTANTK&,1OV/6r-_ In which Board(s) are you interested? 604.,4 G: Z W6 Afl)yIJ,-)I V 3e4/&D RD v-,fl,►2� Special Qualifications for specific board(s) (include past board service) "caJ 6,04 ��572 2 �3 •¢s1is:.�n/T 6V,,(49OKY R�yGE c�C Cfi+Cd� i�tG6, L Educational Back, .ground S &6 C9AJ�(AL, F7eJ6(N6r-j& !Ec,�{ivbc G6 V J) Aki cE EDuc/4 �roN - /�y��i�Fn� Community Activities (Include offices held and committee service) J- 11EA /Vy alvowN/ y ��r/eliTrES e►- foS��iOxrS /�� y CDryl�t/T�C� S�/dule anr�Y r3 6e -;,-J fW� Td€ uxne.E�� vj (a�Y �nr��B SE�uinfG mac, l%i✓l�E�'Sl�v �rY Srv�S Sc6ioo�oL IoLY�� IG SLaA,!7S -T" �10� � �^�� Sru�%J) �o4�Sr�4i' gN� .4!a►+tiSf�v�1 /atm�s6u,►Z 2F.(i¢uiT,a�vl Gv�.yiii Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly x Anytime B. Morning Noon Afternoon Evening X Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed C ( Date 5 /d ol ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CRAIG G. DOWNING, PH, D.,, 1917 Longview St., Cape Girardeau MO 63701 (573) 339-0446 cdowning@semo.edu http://cstl-pti.semo.edu/downing EDUCATION DOCTOR OF PHILOSOPHY, Workforce Education and Development, August 1999 Southern Illinois University at Carbondale Dissertation Title: An Engineer's Application of Non -Technical Skills in Team Based Environments MASTER OF SCIENCE, Manufacturing Systems, August 1994 Southern Illinois University at Carbondale Research Topic: Using Fuzzy Logic in Quality Function Deployment BACHELOR OF SCIENCE, Mechanical Engineering Technology, December 1992 Southern Illinois University at Carbondale INSTRUCTIONAL & RESEARCH EXPERIENCE Assistant Professor, Industrial and Engineering Technology Department, August 1999 - Present Southeast Missouri State University, Cape Girardeau MO ♦ Develop curriculum and provide instruction to Industrial and Engineering Technology students in Engineering Economy, Industrial Management, Total Quality Management, Manufacturing Resource Analysis, Fluid Power, Statics and Strengths of Material, and Statistical Process Control ♦ Member of curriculum and graduate program committee ♦ Co -faculty advisor for Society of Manufacturing Engineering (SME) student chapter Mathematics/Technology Instructor, Summer 2000 & 2001 Project Upward Bound: Southeast Missouri State, Cape Girardeau MO ♦ Developed curriculum and provided instruction to students in Physics, Calculus, College Algebra, Trigonometry, and Microsoft Excel ♦ Completed technology software training in the areas of web -page development (Microsoft Front Page), development of basic graphics (Adobe Photoshop), and creation of newsletters (Pagemaker) Mathematics/Physics Instructor, January 1995 - December 1999 John A. Logan College, Carterville IL ♦ Developed curriculum and provided instruction to students in Conceptual Physics andi Mathematics V Teaching Assistant/Peer Mentor, Spring 1991- Spring 1995 Southern Illinois University at Carbondale: Center for Basic Skills ♦ Researched topics and facilitated small group discussions ♦ Provided academic guidance to at -risk students acclimating to the university Teaching Assistant, Fall 1993 - Spring 1994 Southern Illinois University at Carbondale: College of Engineering ♦ Developed curriculum and conducted study groups in the area of Quality Control INDUSTRIAL EXPERIENCE Spinnaker Electrical Tape Company, Carbondale, IL Operations Team Coordinator, September 1997 - May 1999 ♦ Served as internal change agent for self-directed team transformation ♦ Supervised production, quality assurance, and maintenance staff ♦ Facilitated on-site safety and technical training sessions Process Engineer, August 1995 - September 1997 ♦ Researched and designed cost-effective control mechanisms to maximize process capabilities ♦ Functioned as internal research and development coordinator for new product development ♦ Served as ISO 9000 implementation team leader, auditor, and trainer PUBLICATIONS Kulatunga, A. & Downing, C. (2001). Effects of Harmonics in Residential Electrical Power Metering, Proceedings of Measurement and Control Conference of The International Association of Science and Technology for Development, May 16-18, 2001, Pittsburgh, PA. Downing, C. G. (2000). Non -Technical Teaming Skills, Proceedings of National Association of Industrial Technology (NAIT), Research Division. Downing, C. G. (January, 2001). Essential Non -Technical Skills for Teaming, Journal of Engineering Education, 1(90), 1-5. WORKS IN PROGRESS Creating Win -Win -Win situations: Analysis of Industrial Outreach activities in NAIT accredited Industrial Technology programs. Piezo-mechanisms: The application of piezo-mechanisms in manufacturing processes to increase accuracy and precision. Multimedia Usage in Engineering Technology PRESENTATIONS Downing, C. G. (November, 2000). Non -Technical Teaming Skills, NAIT 2000 Convention, Pittsburgh PA. CONSULTING ACTIVITIES Orpack-Stone (ISO 9002 Supplier/Internal Quality System Audit) Tesa Tape Research & Development Facility (ISO 9001 Quality System Audit) Southeast Missouri State: Project Upward Bound (Computer Technology Upgrades) Southeast Missouri State: Student Support Services (Computer Technology Upgrades) MEMBERSHIPS American Society for Engineering Education (ASEE) Society of Manufacturing Engineers (SME) National Association of Industrial Technology (NAIT) W Advisory Board Application Page 1 of 1 CITY OF CAPE GIRARDEAU, MISSOURI ADVISORY BOARD MEMBER SUMMARY Name J F 1= L rz nl lel Telephone: Day -7 -S) 33s- 33Iz Evening (,SZ3) 1051-3uta Home Address NM5 Q enJl eLj Year Current Residence in Cape Girardeau Began to I S Current Employer and Position CAPE 61RAQDEAv, CN(V,43E2 of cw-kmF2c "DIREC.-r0?- OF ytE,ti wAS.HIP AEVELOPHE Previous Employers and Positions Pio S,,bP 4 S- K,L.E DauI�4 �aG� - 3K�NAc,ERT_ �uTN6A-,r tAisouRl STATE- �Ec S'a -Tt 1441-KET144 SWCii4 lir '?ERQ4-JIcL-JE TAMILS* REG T )i9eG?eg OF FkARKET1rZ14f AC"V1T(GC, , SeLk j4EAST NISSouAl STATE - VIR6CT62 GF ATHLC1-1(..1> , KILETJ/J(tI SOurNEMST MISS*%, -RI STATS- STuoCWr 2EC L&N'T&)9SUFEAVKO In which Board(s) are you interested? BA Rks d- PE c RE A,% 1 o Q , Co c.P Co, u0s s Special Qualifications for specific board(s) (include past board service) EPu c,4 Ti o ^, EkP&41EIJCE--.1 Cao^-kUr'I ry SEY2VIC,q Educational Background l�*acµ+ Lia zF Gs J MAJOR is sPofLiS M,4�AGEM6�T FROµ Sour%46AST MK< -VAI STATE , (LRK6n')TL`i WR%Lklr-�4 Q KgSTEP-bF SCIttilG.6 Inl WrrJ4 >4 aP itW inl ATHLer CS PiD,+,poxr Arlc.J Community Activities (Include offices held and committee service) Cok-y - `AN YONTH BASEBAt — Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓ Anytime B. Morning Noon Afternoon Evening Anytime ✓ Z7 By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. 7 Signed_ Date o ✓ / �� %�newed g15/01 Board Me er ummary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, 401 Independence, P.O. Box 617, 63702-0617 http://www.showme.net/capecity/depts/council/bdapp.htm 8/6/00 Email: newvisionservices@prodigy.net website: http:Unewvision.missouri.org IEW Youth & ISION Services, Inc. Gayle Conrad City Clerk City of Cape Girardeau P.O. Box 617 Cape Girardeau, MO 63702-0617 RE: Golf Course Advisory Board Dear Gayle, Cape Girardeau (573)334-3486 Sikeston (573) 481-0888 Bloomfield (573) 568-22k Toll Free 1-877-454-9121'ftJ I am returning my Board Member Summary Sheet for consideration as a board member for the Golf Course Advisory Board. Please advise if there is anything else I could do, I am very interested in being a part of this board. Does being present a the 11-5-01 City Council meeting help, hinder, or impact at all? Thank you for your assistance, Respectfully Submitted, Tim Gould, Ed.D 619 North Broadview 301 North New Madrid 202 South Prairie, P.O. Box 774 Cape Girardeau, MO 63701 Sikeston, MO 63801 Bloomfield, MO 63825 (573) 3343486 (573) 481-0888 (573) 568-2222 Fa,r /57 A I IIA -157d Fax(573)481-0880 (573)568-2430 n City of Cape Girardeau, Missouri Board Member Summary Name: Tim Gould I Telephone —Day: 334-3486 Home Address: 2199 Chesapeake Ave I Telephone —Evening: 335-1481 Year Current Residence in Cape Girardeau Began: 1987 (in area since 1972) Current Employer and Position: Co -Founder - President — Therapist New Vision Youth & Family Services Previous Employers and Positions: - Pathways Community Supports — Area Director - Sanford Brown College — Campus Director in St Louis - Department of Corrections — Director of prison education for two separate colleges in Missouri and two programs in Illinois - Golf Course greens keeper — summer work - Juvenile Officer — Cape Girardeau, Bollinger counties In Which Board are you interested? Golf Course Advisory Board Special Qualifications for specific board (include past board service): I have strong skills for organization, identifying and keeping focus of task/duties/job, have been responsible to educate, train, and assist others to meet the goals of programs developed and implemented. Have a strong passion for this course, I have been playing since 1972. I have seen positive changes over the years and want to participate in the continued growth of the course. I have strong skills (my dissertation) in planning, development and implementation of goals, objectives, identifying and measuring success and weaknesses of goals and targets. Strong background in grant writing and running a not for profit 501(c)3 agency. Educational Background: 1996: Ed.D Administration/Leadership 1989: M.S. Public Administration 1980: M.A. Psychological Counseling 1976: B.S. Criminal Justice — Minors in Sociology - Psychology - Recreation Community Activities (include offices held and committee service): Centenary United Methodist Church: Board Member — Evangelism Committee Boy Scouts of America: Membership Chairman Optimist International: Board Member Noon Optimist Club — Cape — chaired several committees throughout the years. Meeting times convenient for you (Please check one in A and in B) A. Weekly Monthly Anytime XXXXX B. Morning Noon Afternoon Evening_Anytime XXXXX By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed: 1 ••w�. Q�� Date: tO.OS•o ** Board Member Summary Sheets are valid for one year from the date they are signed Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER-- -SUMMARY Name l.. Lf- V. fViAO Y J 1�. Telephone: Day 3 3 z 7 • Home Address Z9 P-�5 91� 1- L A \% \ SN -A Evening 3 Year Current Residence in Cape Girardeau Began 19 4 Current Employer and Position 1 (7 No F- r -F -,e- Loft-Tf-g C.FrJ-TF-g — Mfi 0 fl6E4P- Previous Employers and Positions S* -S j -70 ---� g© D'V, In which Board(s) are you interested? 6; O L F C e k K.S E PD V 1 s6p ? D pR-b Special Qualifications for specific board(s) (include past board service) 19 V I D GOLF Eat r. F} c `T7 V(7 -L? Educational Background B . s -B «S ©M N v IFS' O ,vr-t-PC- b ft(viF H. s . /963 Community Activities (Include offices held and committee service) &-� c-rgE ,DA-mF �-] - s . P77q P42C-S l D� �z- t, I\ jN SC_F460 - 66 PqZ b LA L t -r to C. --- V 1 CE FR 4 TER tks f gf- i ,DE •JT ::�S 7F�901t S Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly�/ 1 Anytime B. Morning Noon 1` Afternoon Y- Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date C)P'9 O ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. 0-r'T'r n1M 0-,4 nF r -TR a RT)F,ATJ_ MYSSOURI ly1 V'L''S�'�iI l�1Ll�li)�i� ►� U lrll1w�t�►a . a i � 1. `r �..• • • •'. •� - Name Lori Lynn Telephone: Day ti s ig R:z R Home Address 1009 Camino Court Cape 63701 Evening 335,5853 Year Current Residence in Cape Girardeau Began 2000 Current Employer and Position Director of Recreational Sports-Rnntheact Mn Rt _ Univ Previous Employers and Positions Associate Director of R Patinnal S=nrbs Purclue Un Assistant Director of Campus Recreation ---University of Illinois Coordinator of R creatinnal Rnnrta Wichita State University In which Board(s) are you interested? Park & R e c r e a t i n n A d it i s o ry R n a r d Special Qualifications for specific board(s) (include past board service) Served on the _ Board o f Directors for the National Intramural-Recreationa3Snnrts Assnciatinn _ 2terms/4 years Certified Recreational Sports Specialist Graduate of T eadtersh i p (-ape 3i rardQa„ Crarduate of Leadership Lafayette ( I Educational Background Master of Science in Fair -at i nn Fm= Nasi s in Recreation SIU -C Bachelor of Science in Recreation -Southeast Mo State UnIVerClty Community Activities (Include offices held and committee service) Chamber of Commerce Amb a s s a Chamber of Commerce Special Projects committee Student Leadership Academy -Senior class Steering committee University Representative on the Show Me Center Advisory Board Athletic Board Southeast Missouri State riniversit Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime y B. Morning Noon Afternoon Evening Anytime x By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commissic n--1 i r. 4 --16 WR AVL 91 L ** B�d�embSS truiiary SVqts are valid for one year from the date that they are signed. Return to the City Man ger's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. Advisory Board Application CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name s F'+ f vNA-.,s,- vJ _ MY -' N `. Telephone: Day k Evening Home Address S �4 Year Current Residence in Cape Girardeau Began Lq 8 1 Current Employer and Position �-�vTl 2v.D Page 1 of 1 Previous Employers and Positions C3 -,?. fe- , iQ "QA A-30�ac�rR- In which Board(s) are you interested? G f44-0 v Special Qualifications for specific board(s) (include past board service) C9 w-� S lit Educational Background Co Z� a r� Qv�s rJ sss C o ��z ` ��`�' ��+ , �'► o� Community Activities (Include offices held and committee service) �n 1-7-r Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences, or four (4) absences in any twelve (12) months, will be regarded as an indication that future membership o(he board is no longer your desire. Signed r Date Board Member Summary Sheets are valid for one year from the date that they are signed. Return to City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617 http://www.showmc.net/capecity/depts/council/bdapp.htm 12/22/00 CITY OF CAPE GIRARDEAU, MISSOURI (01�arne N�SUAi Telephone: Day S`73 6dP6 G Home Address _�jjG �f 2%v IV. -VX Evening Year Current Residence in Cape Girardeau Began Current Employer and Position D Previous Employers andel Positions St/, ee %, J - oz.,, In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) kt5,'Aetr-1'A- lift• Educational Backgroun--S-. — Gt /0 5 �, / r �� 5 • �ti'- 'k v S CC.7 r.�K�s• c.�•�l J C - Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime c/ B. Morning Noon Afternoon Evening Anytime t/ By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed ���,�, W:�K y Date ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. 09/10/01 11:41 FAX 5736514865 SEE THE TRAINER ® 01, Clr,,r OF CITE CT-P-ARDr,' U,s F'S0 BOARD MEMBER SUMMARY Name /`< < ��o� Telephone: Day & I Y Home Address Evening_ f- VF -2 Year F's Year Current Residence in Cape Girardeau Began �� 4 Current Employer and Positiono w K� S.e a 'T"hp� Tia ►.c a -r 2A) -r1 ✓1 •� •.� �K- Previous Employers and Positions v%'✓n In which Board(s) are you interested? (0/-,- cS c ✓<< < W 601f Special Qualifications for specific board(s) (include past board service) Educational BackgLo � c Community Activities (Include offices held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime P� B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the Signed Date 9 1110 o ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's office, P.O. Boz 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI L/;9 % ame Home Address .27 3 la wK Telephone: Day 573 335= SS�� Evening57 ? • hjr - yf3 9 9 Year Current Residence in Cape Girardeau Began Ct 9eZ. • Ccn1-TraLe � ,ov / Current Employer and Position -513 a, r' -r a e h P / s T cs JOX 9 -Te r LI L_ _� a f (`/ �/A.✓rs) Previous Employers and Positions a- C o ro sT o -d' Co n-a�L int Ar-? Ey T LL Y,., 1 a %w 4 h / In which Board(s) are you interested? __ Ge LT- Co w rose, c.yi s e r 4 Q e a H a% on h PArKs d' Rec rca.Tie � /fid. Ur'._� o �CL Special Qualifications for specific board(s) (include past board service) ��►�.�Y �N Nem c- i.a.a J Av,�l, -s,ti� z=s- (A' NJ Educational Background -re-x A, -S C % r. sM4A (Arj�1 �cQ s� z"u ��� c c�,a r+„�a EA s T Vl t. d C C t t E4 � M ATC' r /A �- / y/ An! �1 4 l ►2 c.J 7/J !fin in c, h&/n 1.4,C A4A4 — S LiA&i" di4sc..d v _ JJtl15 L oD/k-.S"r Community Activities (Include offices held and committee service) Ks pal I�Roa,t c, ✓STV � rk` C k�4MA .nn3_S NiPP-Q#,AM � SAI" dl�Ctra.+ r.. (�� pl�..rlS Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly _ B. Morning Monthly Anytime Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive absences, or four (4) absences in any twelve (12) consecutive months, will result in your position being automatically forfeited on the board/commission. Signed Date 2 -/ S -O/ ** Board Member Summary Sheets aP6 valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name W. R. "Reeder" Withers Telephone: Day 335-1111 Home Address 906 Penny Evening 335-1111 Year Current Residence in Cape Girardeau Began Life Current Employer and Position Retired; Farmers & Merchants Bank; Boatmen's Bank; Nationsbank Previous Employers and Positions 18 years - Asst. Vice President Collection Officer; Charter Finance - 14 yrs.; Mid -South Finance - 1 yr.; Commercial Credit Corp. - 3 years Board of Directors Senior Citizens Center In which Board(s) are you interested? Golf Course Advisory Board; Parks and Recreation Advisory Board Special Qualifications for specific board(s) (include past board service) Retired from financial services business and have plenty of time to put to good use. Educational Background two years college Community Activities (Include offices held and committee service) Legion - 30+ years; Elks Club - 20+ years. Kiwanis Club - 20 years; American Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime XX B. Morning Noon Afternoon Evening Anytime XX By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed Date _ ^� ** Board Member Summary Sheets are valid for one year from the date that they are signed. V Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY NameC Telephone: Day t! `a13� -2 3 �-% V Home Address J1101AIX4C Eveni45 23 ' 3 3 q -5,% D I Year Current Residence in Cape Girardeau Began /I (OT Current Employer and Position Prm 4 -44;nu n1ym 1]Q xko- 4m Cfa. /1 mot 0 Am _ od Previous Employers and Positions h�-,�- Q In which Board(s) are you interested? Special Qualifications for specific board(s) (include past board service) ' C ajdka4k., lFP , I R.C, Educational Background 17§q ( d Oyuc daOIXI) OOuJi C Community Activities djude offices held and committee service) &y aln ad "&U WOL Oa4 Jq &,o -awgl van, �Ug"ouL D nth]. f -118 Meeting time(s) convenient for yo (Please check one in A and one in B) A. Weekly Monthly Anytime X B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. +* 1 U Signed Date - ** Board Member Summary Sh t are valid for ne year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. PrnrPArVnnc r)f thA rite (;n11nril (`itv of rsnP Pirarr ppo i NAO. Ieg.Iar Session—oaab,-r 1, ?ooi 261 REGULAR SESSION — OCTOBER 1, 2001 ®R AFT The Cape Girardeau City Council convened in regular session on Monday, October 1, 2001, at 7:00 p.m. with Mayor Albert M. Spradling III presiding and Council Members Richard Eggimann, Matthew Hopkins, Tom Neumeyer, Jay Purcell, Frank Stoffregen and Hugh White present. The invocation was presented by Rev. James Caughlan, Evangelical United Church of Christ, and the Pledge of Allegiance was recited. Prior to the regular council session, the City Council convened in closed session for purposes of discussing confidential or privileged communications with its attorney and legal actions or litigation pursuant to RSMo. Section 610.021(1), upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The minutes of the September 17, 2001, regular session were approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The agenda was adopted as distributed upon Mr. White's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the request of MidAmerica Hotels Corporation to rezone part of Lot 35, Doctor's Park, from C-1, local commercial district, to C-2, general commercial district, the hearing was opened. Mr. Bob Hahn appeared on behalf of MidAmerica Hotels. He stated the company purchased approximately three and one-half acres from Doctor's Park. The land was previously a wetland/lagoon, and the company has worked with the Corps of Engineers to resolve this matter. They intend to build a Holiday Inn Express hotel and doctor's offices on the property. One entrance will be the current access road between the Holiday Inn and Victorian Inn, and they intend to improve the entrance on Mount Auburn Road to be used as the main entrance. There being no further appearances, the hearing was closed. BILL NO. 2001-199 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PART OF LOT 35 OF DOCTOR'S PARK, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM C-1 TO C-2 The first reading of BILL NO. 2001-199 was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the request of George and Patricia Bockhorst for a special use permit for the extension of the Armor Mini Storage complex at 1678 Kingsway, the hearing was opened. Mr. Tim Bockhorst appeared in support of the request and to answer any questions. There being no further appearances, the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular session BILL NO. 2001-200 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO GEORGE E. BOCKHORST, JR., PATRICIA A. BOCKHORST, AND TIM BOCKHORST, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN EXTENSION OF THE EXISTING ARMOR MINI STORAGE COMPLEX AT 1678 KINGSWAY DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2001-200 was approved upon Mr. Stoffregen's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-195 was given second and third readings as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF A RESUBDIVISION OF LOT 35 DOCTOR'S PARK The second and third readings of BILL NO. 2001-195 were approved and the ordinance adopted upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-195 is ORDINANCE NO. 2939. BILL NO. 2001-196 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE LAKESHORE DRIVE SEWER PROJECT The first reading of BILL NO. 2001-196 was approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-197 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY DEED TO ST. FRANCIS HOSPITAL OF FRANCISCAN SISTERS, FOR UNNEEDED RIGHT-OF-WAY FOR THE SILVER SPRINGS ROAD PROJECT, NORTH OF WILLIAM STREET The first reading of BILL NO. 2001-197 was approved upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-198 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 2 OF THE CITY CODE RELATING TO CITY ADVISORY BOARDS AND COMMISSIONS TERM LIMITS AND ATTENDANCE POLICY The first reading of BILL NO. 2001-198 was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. LJ Prnr•AcmrlinnQ of the r5'h/ Cni in( -H. (1411 of (`,ansn Pirarripal l Mn. Regular session October 1, 2001 263 S31 M BILL NO. 2001-201 was presented as follows: a4v lam A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 8 TO THE PROFESSIONAL SERVICES AGREEMENT WITH SVERDRUP CIVIL, INC. FOR THE SANITARY SEWER IMPROVEMENT PROGRAM The reading of BILL NO. 2001-201 was approved and the resolution adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-201 is RESOLUTION NO. 1710. BILL NO. 2001-194 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE PROJECT AGREEMENT NUMBER 2, TO A PROFESSIONAL SERVICES CONTRACT WITH CRAWFORD, MURPHY & TELLY, INC., CONSULTING ENGINEERS, FOR A HANGAR/MANUFACTURING FACILITIES FOR RENAISSANCE AIRCRAFT, AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 2001-194 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. Mr. Purcell abstained for financial reasons. BILL NO. 2001-194 is RESOLUTION NO. 1711. BILL NO. 2001-202 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH HOLSHOUSER AND ASSOCIATES FOR SEISMIC RESISTANCE STRUCTURAL ENGINEERING SERVICES FOR FIRE STATION NO. 1 The reading of BILL NO. 2001-202 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-202 is RESOLUTION NO. 1712. Mr. Wes Wright was appointed to the Vision 2020 Community Relations Council for a term expiring December 31, 2001, upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. A temporary 5% beer by the drink license for Mary Kathleen Patterson d/b/a St. Vincent DePaul School for an event to be held November 2-3, 2001, at the A. C. Base Arena Building was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. An original package liquor and Sunday sales license for Pajco, Inc., d/b/a Rhodes 101 Stop, 1126 N. Sprigg, Paul Dirnberger, Managing Officer, was conditionally approved upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1 7001 Mayor Spradling announced that the application for a retail liquor by the drink license for Helen Crites, d/b/a Helen's Bar and Grill, 2100 Big Bend Road, was removed from the agenda at the request of the applicant. A Sunday sales license for Richard Siebert/Siebert Nine, Inc., d/b/a Breadeaux Pizza, 1455 N. Kingshighway, Richard Siebert, Managing Officer, was approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The improvements to the Wastewater Treatment Plant standby power system were accepted, and final payment to Cotner Electric was authorized, upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Stoffregen stated that he visited a friend in Texas, and he noticed that the city he visited posted street signs stating the fine for littering. He questioned what the fine is in Cape, whether the fine can be increased, and whether the city can put up similar signs. City Attorney Eric Cunningham stated that the fine is up to $500 and/or 90 days in jail. The Police Department can issue a summons or a citizen can file a complaint. Once a person is convicted in court, the Judge assesses the fine. Mr. Neumeyer explained that the Chamber of Commerce partnered in developing a Keep Cape Beautiful Council as a prevention and education program to promote information against littering in the city. The group meets once per month and has received assistance from the Public Works and Parks Departments. There being no further business, the Council adjourned upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Albert M. Spradling, III, Mayor Gayle L. Conrad, City Clerk 0 AIRPORT BOARD MINUTES September 11, 2001 Airport Restaurant Members Present: John Dearden, Harry Drummond, Fred Eggley, John Ferguson, Gerry Keene, Mark Seesing, and Jim Trickey Members Absent: J. Fred Waltz and Jun Withers Others Present: Bruce Loy, Airport Manager; Lois Soellner, Temporary Project Assistant I. MINUTES OF PREVIOUS MEETING Mr. Trickey made a motion to approve the minutes of motion. The motion passed with a unanimous vote. II. OLD BUSINESS A. Monthly Activity Report — Mr. Loy presented.'' Enplanements are up with a June, July, and Augur boardings about 22 per cent. The air traffic count h commented that the reason for the decrease is not cl fuel price. Mr. Loy reported that Ken, a certified help to increase general aviation traffic. Air Evac ,is Mr. Trickey suggested we encourage travel agencies could reach our goal of 10,000 enplanements and,e the board create a delegation team to cat .on the CIS enplanements. Mr. Ferguson seconded, the motion " B. Renaissance Aircraft Update — Renaissance building. Mr. Dear 13, 2001 with City Manager :) Bonds for the Renaissance proje`c submit a letter to Mr. Miller con( seconded the motion. The motto; IV. ,NEW BUSINESS Mr. Seesing seconded the ,some concerns with the delay in construction of the that a meeting is scheduled for Thursday, September P's. Presently, an RFP has not been agreed upon. .ember 18, 2001. Mr. Keene motioned that the board :ruction and the lateness of the season. Mr. Ferguson is to compose this correspondence. ✓ shared publicity releases and advertising samples from the air festival. The overall success of the festival. Loy stated that the T -Hangar ramps engineering agreement proposed by C.M.T. is on ty enginee"r, desk. ror - The airfield generator is on the field and the project is nearing completion. r.Door — Mr. Loy has approached the state for a loan to replace the canvas door on the t Rickard) — The ground lease for Mr. Rickard's hangar was approved by the City 4, 2001. ::Airlines Agreement with American Airlines — Mr. Loy discussed a recent meeting with Chuck EO of Corporate Airlines. The transition to American Airlines should take place on December 2, senger load factors for August exceeded 46%. B. Sky Diving Boogie — Mr. Loy stated that the plane that is generally scheduled with Mike Mullins for the sky diving project is booked through the winter. The skydiving boogie is usually scheduled the same weekend of the music festival, but it looks as if the sky diving boogie will not be held this year. October 3, 2001 Page 1 of 2 C. Terrorist Attack - Mr. Loy briefly commented on the FAA's shutdown of all air traffic due to the terrorist attack on the World Trade Center this morning. The only exception was the ability for the hospitals to utilize helicopter services with a clearance. Military operation is in effect. �V. ADJOURNMENT n Since there was no further business for discussion, Mr. Seesing made a motion to adjourn; Mr. Keene seconded the motion. The meeting was adjourned at 6:00 p.m. Minutes prepared by Lois Soellner, Temporary Project Assistant Minutes Approved By: J. Fred Waltz Chairman Airport Advisory Board October 3, 2001 Page 2 of 2 DRAFT CAPE GIRARDEAU CONVENTION & VISITORS BUREAU Members Present Tim Blattner Dennis "Doc" Cain Joel Neikirk David Ross John Wyman Advisory Board Minutes September 20, 2001 Convention & Visitors Bureau Members Present Kathie Brennan Judith Anne Lang Max Prill Steve Taylor, Chairman Staff Present Terri Clark -Bauer, Director Brenda Newbern, Group Sales Coordinator Debbie Frank, Administrative Secretary Members Absent Ex -Official Members John Mehner Chamber of Commerce, President Michael G. Miller, City Manager I. Call to Order Chairman Taylor called the meeting to order. II. Presentation by Historical Association -Mr. Patrick Ruopp, Mr. Jermey Wells, Mrs. Loretta Scheinder, and Ms. Lisa Spears gave a presentation on monies needed to make restoration repairs to the Glenn House. The total cost of repairs at this time is fifty to seventy thousand dollars. The Glenn House committee is requesting that fifteen thousand dollars be taken from the Convention and Tourism fund annually to cover repairs and expenses for the Glenn House. Mr. Taylor thanked the Historical Association for coming. He explained that the CVB Advisory Board has a special project line item of approximately $36,000 annually to allocate for projects. The funds have been allocated for fiscal year 2002, but the Historical Association could apply for funds in 2003. The Advisory Board is working to establish criteria for funding and an application that we will pass on to the Historical Association upon completion. Ms. Clark -Bauer also committed to meet with Mr. Ruopp and representatives of his choice to discuss how the CVB could assist the Historical Association in the future. III. Approval of Minutes Mr. Ross made a motion to approve the August minutes. Mr. Blattner seconded and the motion passed unanimously. IV. Financial Report A. Income/Expense Report -no report given. Mr. Taylor requested when the report is completed to mail it to all the board members. Mr. Neikirk made a recommendation to meet with Mr. Richbourg at the next advisory board meeting, so the board can have a better understanding of the financial reporting that is done by the City. The board reviewed the FY2002 Special Events Line Item Summary. V. Staff Report A. Sales Report 1. Monthly Report -Ms. Newbern thanked Mr. Neikirk, Mr. Wyman, and Mr. Cain for helping make the Cavallo Tours a success. 2. Convention Calendar Updates- no report given. B. Director's Report -Ms. Clark -Bauer reported that the 2001 HOG Rally committee has asked the CVB to bid on the 2003 rally. Ms. Clark -Bauer went on to say that the Lewis & Clark celebration would be within two months of the proposed date of the2003 rally, and the CVB will be participating in both events. Mr. Cain made a motion that we bid on the 2003 HOG Rally. Ms. Lang seconded and the motion passed unanimously. DRAFT Board Minutes September 20, 2001 Page 2 VI. Chamber of Commerce Report -Mr. Mehner reported that the Industrial Appreciation Week will begin on October V, and the dinner will be on October 3rd at the Show -Me Center. VII. Old Business A. Radio Loop Update -Ms. Clark -Bauer commented that ISS would like for us to monitor 1330 AM to see if the reception is better. If the CVB decides to change the frequency then ISS will let us know what the cost will be. B. Evaluation Criteria Committee Report and Recommendation- Committee chairman Mr. Taylor reported that the committee recommendation was to divide the special projects line item into two categories; CVB projects and community sponsorships. The community sponsorship fund would then be divided into a 60/40 percent split. Sixty percent would be designated for events and projects. Forty percent of the fund would be earmarked to build the community's tourism inventory. The committee also recommended that the community sponsorship program require a minimum of 250 dollars and a maximum of 2,000 dollars per request. The Sponsorship and Evaluation committee would review the applications along with one non-voting staff member. Mr. Neikirk commented he would like to see some type of revenue test put in place. And to focus on how to make 36,000 dollars grow. Mr. Blattner commented that he would like to review the report before the board votes on the committee's recommendation. Ms. Clark -Bauer recommended that the members vote on the committee's recommendation. The matter was tabled until the October meeting. VIII. New Business -None was reported. IX. Other Business A. Kiosk Riverfront Project -Ms. Clark -Bauer report that the project was waiting on the overlay which has been completed, and the city will be starting on the project soon. X Neat meeting -Thursday, October 11, 2001 — 4:00 p.m. XI. Adjournment -Ms. Lang made a motion to adjourn the meeting. Mr. Neikirk seconded. Minutes prepared by: Debbie Frank Minutes approved by: Judith Anne Lang CVB Advisory Board n (DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING SEPTEMBER 27, 2001 The Cape Girardeau Municipal Golf Course Advisory Board met at the Cape Jaycee Municipal Golf Course on Thursday, September 27, 2001 at 12 noon. Present: Mike Hopen, Chairman Ed Kaiser, Vice -Chairman Jackie Ahrens, Secretary Walt Wildman, Board Member Tom Higgins, Board Member James Banken, Board Member Absent: Mike Leimer, Board Member Tom Meyer, Board Member Caryn Michel, Board Member APPROVAL OF MINUTES Staff Present Dan Muser, Director of Parks & Recreation Randy Lueder, Golf Course Foreman Sabrina Tate, Recreation Coordinator/Pro Shop Marcia Stone, Executive Secretary Chairman Mike Hopen opened the meeting of the Golf Course Advisory Board requesting approval of August 23, 2001 minutes. James Banken made a motion to approve the minutes with correction that he suggested putting a divot repair box on #11 instead of #1. Walt Wildman seconded the motion. Motion passed. OLD BUSINESS A. Tee Box Signs Sabrina Tate and Randy Lueder presented a catalog advertising new tee box signs for the golf course. The staff was contacted by the representative that sold us our present tee box signs. The representative offered to meet with the board members at their next meeting. James Banken inquired if the present sign sponsor names could be cut out and a new sponsor name inserted. Staff will look into that feasibility. NEW BUSINESS A. Pond Director Muser announced that the bid opening for the selection of the contractor for the pond renovation would be October I". The dam will be built upon the backside and not protruding onto the fairway. B. Divot Repair Boxes Golf Foreman Randy Lueder reported that the divot repair boxes have been working very well and they will put one on #11. REPORTS A. Policies and Procedures No report. GOLF COURSE ADVISORY BOARD SEPTEMBER 27, 2001 PAGE 2 B. Planning and Development James Banken reported that he is getting feed back on the mowing contour for the course next year. C. Advertisement and Promotions No report. D. Golf Course Improvement No report. OTHER BUSINESS Director Muser will forward the sign information to the Advertisement and Promotions Committee prior to the sign presentation if possible. There being no further business, the meeting was adjourned by Tom Higgins and seconded by Jackie Ahrens. Motion passed. Respectfully submitted, Marcia Stone Executive Secretary DRAFT MIIITUTES HISTORICPRESERVA770N COMMISSION City of Cape Girardeau PO Box 617 Cape Girardeau, MO 63702-0617 September 19, 2001 The Historic Preservation Commission held its regular monthly meeting on September 19, 2001 at 7:00 p.m. at City Hall, 401 Independence Street. Members Present: Amy Chiles, Felix Kinsley, LeeAnn Milde, Chris Manning, Verna Nelson, Steven Peel, Barbara Port, Dave Rutherford, John Schneider, Robin Seiler, Betty Voss Members Absent: None Staff Present: Kent Bratton, Brenda Schloss, Terri Foley (Intern) The meeting was called to order at 7:00 p.m. by John Schneider, Chairman. Upon motion made, the minutes of the August 15, 2001, meeting were unanimously approved. New Business: Robin Seiler was welcomed to the Commission. Seiler was appointed to the Commission by the City Council at their August 20, 2001 meeting and will serve until April 16, 2003. Property owners from the Sunset Neighborhood attended the meeting to discuss neighborhood concerns and their options for the protection of the neighborhood. Issues discussed included local historic districts, conservation zoning, rezoning and minimum maintenance ordinances. Neighborhood concerns ranged from zoning issues to poor maintenance of properties to loss of structures due to hospital expansion. Residents were given information on historic districts and advised to organize themselves and survey the neighborhood to determine the level of willingness of property owners to participate in a local historic district. From that point, district boundaries could then be determined and an application for a local district completed. IIINLTTES HISTORIC PRESERVATION COMMISSION September 19, 2001 Page 2. Old Business: Terri Foley of the Historic Coloring Book Committee gave an update on the status of the coloring book. Foley reported that the University had declined to do the project this year and that the Commission would have to continue with fundraising efforts to get the book printed. Foley also displayed pictures completed thus far by Mr. Nilsen for the project, which were well received. National Register of Historic Places Nominations: In review of the Marquette Hotel, 338 Broadway, application for nomination to the National Register of Historic Places, David Rutherford motioned that the Commission recommend approval of the nomination to the Missouri Advisory Council. Verna Nelson seconded the motion and motion passed on a 10-0 vote with 1 abstention. Robin Seiler abstained from voting because she co -wrote the application. Seiler reported that the application still required a few revisions requested by the State and that 5 x 7 photos still had to be submitted. The Commission questioned how a National Register status would effect the condemnation status of the Marquette. Kent Bratton advised the Commission that this would not alter the condemned status of the hotel. Committee Reports: Verna Nelson and Robin Seiler were both appointed to the Landmarks Committee. Barb Port reported that she had attended the Design Guideline Workshop in Ste. Genevieve on August 21" and requested reimbursement for the $15.00 registration fee. Port also distributed a report of that workshop to the rest of the Commission. Port also requested reimbursement for supplies she had purchased for the yard signs and submitted approximately $11.00 in invoices for reimbursement. Chris Manning motioned that Port be reimbursed for both requests. Dave Rutherford seconded the motion and motion passed with an 11-0 vote for approval. Verna Nelson of the Landmarks Committee reported that she had been trying to continue her dialogue with Olive Keller, co-owner of the Armstrong/Ramsey House but has had trouble getting a hold of her. Nelson stated that she had drafted a letter to Ms. Keller giving her an update on the status of the property. Nelson reported that as to date, she has not been able to locate anyone who would be interested in taking over the property and maintaining it as a museum. Nelson stated that she would seek permission from Ms. Keller to approach Southeast Missouri Hospital and recommend that the hospital take over the house as a medical museum or visitor's center. The Publicity Committee had no report. 1C NUTES HISTORIC PRESERVATION COMMISSION September 19, 2001 Page 3. Other Business: Chris Manning suggested that the Commission begin planning for National Historic Preservation Week now instead of in the spring. Manning recommended that the Commission do something big to advertise what it has been doing. Chairman Schneider appointed Manning, Leeann Milde and Robin Seiler to a National Historic Preservation Week ad hoc planning committee. Staff Time: City staff reported that notice have been given from JoAnn Radetic that as of August 2001, the SHPO is no longer under the Division of Parks, but is now its own division. However, no official notice from the State has been received notifying the Commission of any changes. Kent Bratton reported that Project Impact would have a booth at the spring Home and Garden Show next March and may have room for the Commission should it want to participate by having a display. The meeting adjourned at 8:40 p.m. The next regular meeting of the Historic Preservation Commission is scheduled for October 17, 2001. Respectfully Submitted, Felix Kinsley Secretary MAN ME