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Home My WebLink AboutCouncil.Agenda.01-05-2009.Packet � th anu ar � � . a e irar eau � . . issourl � CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda � Monday, January 5, 2009 7:00 p.m. Invocation—Rev. Bob Towner, Christ Episcopal Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes December 15, 2008, regular and closed sessions Adoption of the Agenda City Council 1. Communications to be presented by members of the City Council. 2. Communications to be presented by the City Manager or City Staf£ � Public Hearin�s 3. A public hearing to discuss the past performance in carrying out a 2002 Neighborhood Development Grant under the Community Development Block Grant Program; including housing rehabilitation, street, curb and gutter, sidewalk and water line improvements completed under the Good Hope/Bloomfield Neighborhood Restoration Project #2002- ND-04. Letter No. 09-1 � Action 4. A public hearing regarding the request of NAB Automation to rezone the property at 126 II Airport Road to the M-1 (Light Manufacturing) District. (Agenda Item No. 16, Bill No. � 09-08). I Letter No. 09-3 Action I 5. A public hearing regarding the request of Thomas H. Armbruster and M. Juan Crites to I rezone the property at the northeast corner of Mount Auburn and Hopper Road from the � C-1 (Local Commercial) District and the R-4 (Multi-Family Residential) District to the mmercial District. A enda Item No. 17 B ill No. 09-11 . Gl (Local Co ) ( g , ) City Council Agenda Page 2 January 5,2009 � Letter No. 09-4 Action Appearances 6. Appearances before the Council on items listed on the agenda. 7. Appearances before the Council on items not listed on the agenda. Consent Ordinances 8. BILL NO. 08-191, an Ordinance authorizing acceptance of fee simple interest, permanent easements and temporary construction easements from various property owners for. the improvement of the Mt. Auburn Road/Hopper Road Intersection. Second and Third Readings. Letter No. 256 Action � 9. BILL NO. 08-192, an Ordinance annexing land to the City of Cape Girardeau, Missouri, upon the request of MidAmerica Hotels Corporation. Second and Third Readings. Letter No. 257 Action 10. BILL NO. 08-193, an Ordinance annexing land to the City of Cape Girardeau, Missouri, upon the request of NAB Automation, Inc. Second and Third Readings. Letter No. 258 Action 11. BILL NO. 08-196, an Ordinance authorizing acceptance of temporary construction easements and permanent easements from Joseph R. and Kimberly M. Baker, S&H Apartments, LLC, Kermat Enterprises, LLC, and Elite Development, LLC, for the Lisa Street Detention Basin modifications. Second and Third Readings. Letter No. 259 Action � 12. BILL NO. 08-197, an Ordinance approving the record plat of Windridge Properties II. Second and Third Readings. City Council Agenda Page 3 January 5,2009 � Letter No. 260 Action 13. BILL NO. 08-199, an Ordinance approving the record plat of Walden Park Condominiums—Tremont. Second and Third Readings. Letter No. 261 Action 14. BILL NO. 08-200, an Ordinance approving the record plat of Walden Park Phase I — Amended. Second and Third Readings. Letter No. 262 Action New Ordinances 15. BILL NO. 09-01, an Ordinance accepting fee simple interest and temporary construction � easements from various property owners for the Fountain Street II improvements. First � � Reading. Letter No. 09-2 Action 16. BILL NO. 09-08, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at 126 Airport Road, in the City of Cape Girardeau, Missouri, from R-1 to M-1. First Reading. Letter No. 09-3 Action 17. BILL NO. 09-11, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by changing the zoning of property located at the northeast corner of Mount Auburn Road and Hopper Road, from C-1, Local Commercial District, and R-4, Multi-Family Dwelling District, to C-1, Local Commercial District, in the City and County of Cape Girardeau, Missouri. First Reading. Letter No. 09-4 � Action City Council Agenda Page 4 January 5,2009 � 18. BILL NO. 09-09, an Ordinance authorizing the City Manager to execute an Airport Aid Agreement with the Missouri Highways and Transportation Commission for the purpose of accepting a grant for land acquisition at the Cape Girardeau Regional Airport. First Reading. Letter No. 09-5 Action 19. BILL NO. 09-10, an Ordinance authorizing the Mayor to execute a Utility Easement to Union Electric Company, a Missouri corporation, d//b/a AmerenUE, along Water Street in the City of Cape Girardeau, Missouri. First Reading. Letter No. 09-6 Action 20. BILL NO. 09-13, an Ordinance authorizing the City Manager to execute an Airport Aid Agreement with the Missouri Highways and Transportation Commission for the purpose of accepting a grant for promotion of scheduled air service at the Cape Girardeau Regional Airport. First Reading. � Letter No. 09-7 Action Resolutions 21. BILL NO. 09-02, a Resolution authorizing the City Manager to execute Amendment No. 2 to the Engineering Services Contract with Bowen Engineering and Surveying, Inc., for the Melrose Drainage Improvement Project, in the City of Cape Girardeau, Missouri. Reading and Passage. Letter No. 09-8 Action 22. BILL NO. 09-03, a Resolution authorizing the City Manager to execute Addendum No. 1 to the 2007 General Engineering Services Agreement with Waters Engineering, Inc., for the Margaret Street and Janet Drive Drainage Improvement Project, in the City of Cape Girardeau, Missouri. Reading and Passage. Letter No. 09-9 � Action City Council Agenda Page 5 January 5,2009 � 23. BILL NO. 09-04, a Resolution authorizing the City Manager to accept the proposal submitted by Ron Duff Video Productions to broadcast and record Cape Girardeau City Council meetings, and to execute all necessary contract documents. Reading and Passage. Letter No. 09-10 Action 24. BILL NO. 09-05, a Resolution authorizing the City Manager to execute an Addendum to Agreement between Owner and Architect for Professional Services with Grojean Architects for the public information kiosk and rest room building to be located on the parking lot at Broadway, Main Street and Water Street, in the City of Cape Girardeau, Missouri. Reading and Passage. Letter No. 09-11 Action 25. BILL NO. 09-06, a Resolution authorizing the City Manager to execute an Agreement for Solid Waste Disposal Rate for Republic Services, Inc., d/b/a Allied Waste Services and � CWI of Missouri, for use of the City Transfer Station, in the City of Cape Girardeau, Missouri. Reading and Passage. Letter No. 09-12 Action 26. BILL NO. 09-07, a Resolution authorizing the City Manager to execute an Agreement for Solid Waste Disposal Rate for Beasley Waste, Inc. for use of the City Transfer Station, in the City of Cape Girardeau, Missouri. Reading and Passage. Letter No. 09-13 Action 27. BILL NO. 09-12, a Resolution authorizing the City of Cape Girardeau to accept the 2008 Assistance to Firefighters Grant from the U.S. Department of Homeland Security, and authorizing the City Manager to execute all necessary grant documents. Reading and Passage. Letter No. 09-14 � Action City Council Agenda Page 6 January 5,2009 � Other 28. Other business. 29. Adjournment of the City Council. * * * * * * * * * * The City Council of the City of Cape Girardeau, Missouri, will hold a study session at City Hall, 401 Independence Street, on Monday,January 5, 2008, 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 legal actions and litigation, confidential communications with legal counsel, property acquisition, and personnel matters, pursuant to RSMo. Sections 610.021(1), 610.021(2), and 610.021(3). � � � � � ,r CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. �09-3 Agenda January 5,2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri Deaz Mayor and Council Members: RE: Public Hearing on the City's Past Performance on the 2002 Neighborhood Development Grant Pursuant to the State's regulations for the Community Development Block Grant Program, the City is required to hold a public hearing to a11ow the public the opportunity to comment on e City's past performance in carrying out the foilowing grant project under the Community Development Block Grant Program: � 1. Approximately 22 housing units were rehabilitated, downpayrnent assistance was provided to 11 families, approximately 980 feet of street paved, 942 lineal feet of curb and gutter, approximately 832 lineal feet of sidewalk improvements and approximately 664 lineal feet of water line were completed under the Good Hope/ Bloomfield Neighborhood Restoration Project#2002-ND-04. The notice for the public hearing was published, as required, in a display-type ad in the Southeast Missourian on Friday,December 26,2008. A copy of this advertisement is attached. It is requested that the Council hold the public hearing as advertised for the purpose of hearing comments on the City's performance in administering this grant. Respectfully submitted, � ` �^2 Ken Efti Assistant City Manager/ Director of Planning S rvices � Douglas K. Leslie City Manager � KE/DKL/ssw � NOTICE OF PUBLIC HEARING CITY'S PAST PERFORMANCE OF COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The City of Cape Girardeau will hold a public hearing on Monday, January 5, 2009, at 7:30 P.M., at City Hall, 401 Independence Street, in the City Council Chambers to discuss the past performance in carrying out a 2002 Neighborhood Development Grant under the Community Development Block Grant Program,the grant project being as follows: Approximately 22 housing units were rehabilitated, downpayment assistance was provided to 11 families, approximately 980 feet of street paved, 942 lineal feet of curb and gutter, approximately 832 lineal feet of sidewalk improvements and 664 lin.ft of water line were completed under the Good Hope/ Bloomfield Neighborhood Restoration Project #2002-ND-04. All interested citizens and groups are encouraged to attend the scheduled hearing. For more information, or if you require special accommodations at the hearing, please contact Stephen S.Williams at(573)339-6326. Ken Eftink Assistant City Manager/Director of Development Services City of Cape Girardeau, MO � Friday December 26, 2008 � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter Na 09fi� Agenda January 5, 2009 The Honorable Iblayox And Members of the City Council City of Cape Girardeau,Missouri Dear Mayox and Council Membexs: RE: Request for a Rezotung of Property at 126 Airport Road It is the xequest of NAB Automation Inc. to xezone the pxoperty located at 126 Airport Road from R-1 (Single-Family Residential) District to M-1 (Light Industrial} District. This propexty was recendy annexed into the city.The applicant is seeking rezoning so that _ they can opexate their business,NAB Automation,in compliance with the city zoning ordinance. The future land use plan xecommends light industrial uses for this property.The Pla.nning and Zoning Commission recommended appxoval by a vote of 6 in favor,0 in � opposition, and 1 abstaining. Respectfutly Submitted, �� Ken Eftink Director of Development Services Assistant to the City Manager � Douglas K. Leslie Ciry Manager � � CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION ACTION Request for Rezoning Recommended Action: That the request of NAB Automation Inc. to rezone the property located at 126 Airport Road from R-1 (Single-Family Residential)District to M-1 (Light Industrial)District, be recommended for approval. The vote count on the motion to approve was: Vote Count: Favor—6 Oppose—0 Abstain— 1 Date Recommendation Made: December 10, 2008 Comments: f � Citizens commenting at meeting: Justin Albright, NAB Automation Inc. Secretary � CITY OF CAPE GIRARDEAU,MISSOURI City Staff Review and Referral of Application For Special Use Permit/Rezoning � File No. ( 2 � "I Address of Property 126 Airport Road Staff Review and Comments: NAB Automation has recently purchased the property located at 126 Airport Road and wants to annexthe properiy into the City. There are existing buildings on the property being used for light manufacturing. Property annexed into the City is automatically zoned to the R-1 (Single Family Residential)zoning district. The owners are requesting the M-1 (light manufacturing)zoning district to accommodate office space,warehousing and assembly of electronic components. The Comprehensive Plan recommends light industrial uses for this area. ��-�.sz�^�— �.y�f .Z.� , Z o �� — Planning Supervisor Date ..............................................................................� Citv Mana�er Referral to the Plannin�and Zonin�Commission: (�� fb � �� City ger Date �,,,/� .................................................�.............................� Posting Date for Planning and Zoning Commission Public Hearing: ..............................................................................� plannin�and Zonin�Commission Recommendations: ,��L �G-��a�. �d S'W� ■■.■.■■■■■.■■.■■■■■■■.■■■■■■■■.■.■.■■■..■■■■■■■■■■■■.■.■■■■■■.■■■■■■■■.■■■.■■■� Posting Date for City Council Public Hearing: �Z - Z�'- � g ..............................................................................� Council Action: Favor: Oppose: Abstain: � Revised 3/27/08 � � , . f— , _ , � • • , �� ' • ' ' , • • • � • f�` p — - ,a �— � �, - �-j. ��k .r- �':� � � '��-' �� • � �� ry •�� - � '` � �!� - - �� .� / f /; ;tc�+. ~ �i -� � �: ,i = ; _ i 1� �zl � � '� . � -�� .. :i _;,_ � �� ',,� � -�, t � = � � `�,� - — � ; � i�' r., `: � �-, i i� a'Q'� '��'�l; - - �= ..R , /" .9 `��\",\ " � _"�� riI � � � < � �F � .s, _ \_= y--=— �Yr.r..,� ��. ��" „'` f.r-'`' < <_ ; � �- ,�� ; � _ :�•�""�- �,, � k�: �ti �/ _�� °� - _ �_ ., fi' // .I I _'_ _� ._�!� ., ��4/k�[F j r�.:, l �""_ �, t:/ . � � .. � . .. �-. ,-. 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Street address of tract (or other location description): 126 Airport Rd. Cape Girardeau, MO 63780 3. Names and addresses of all legal owners of tract: Nn.s Automation, Inc. 126 Airport Rd. � P.O. Box 2016 Cape Girardeau, MO 63702 4_ P�esent zoning classification: NONE 5. Requested new zoning classification: Light Industrial 6. Requested special use: N/A 7. Person handling this application (name, address, phone number): Justin Albright (573) 339-1622 P.O. Box 2016 Cape Girardeau, MO 63702 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. (Siqnatures of ALL PERSONS listed in Items 3 and 8 above and date of signatures): ame Date ` �. �►�Y,��.��,fi �- Z y-� g �-24-oa SECTION B 1. Legal description of tract: � Please attach a copy of the latest deed to the property. (If you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) 2. Attach to this application a scale plat or map of the tract, on paper no larger than 11 inches by 17 inches, showing the following (If you do not have a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson): a. All boundary dimensions. b. All adjoining streets and alleys. c. All present improvements. d. All intended improvements. e. All adjoining and co�nering property lines and references to all owners listed in Section c. � Page 3 �,,,,,,� SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on your tract or which is across streets or alleys. (This information can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson.) NOTE: Where a rezoning or special use permit is requested #or.part of a larger platted#ract, adjoining owners are considered as those adjoining the larger tract. Midwest Agri-Chemico, Inc. P.O. Box 1717 Cape Girardeau, MO 63702-1717 Greater Cape Girardeau Area Benefit C/O Chamber of Commerce 1267 N. Mount Auburn Rd. Cape Girardeau, MO 63701 � Mid-America Hotels Corp. P.O. Box 1570 Cape Girardeau, MO 63702 DSW Development Corp. P.O. Box 1214 Cape Girardeau, MO 63702 2. With this application, the applicant must deliver to the Planning Services Office a stamped, plain business envelope addressed to each of the landowners listed in Section C, Item 1, of this application. Please do not include a return address. The Planning Services office will use its return address. (If a tract is owned by the City of Cape Girardeau, an envelope for City property is not needed.) � � Page 4 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. No new construction - will continue to utilize the facility as primarily office space with a warehouse area for light assembly of electronic components. 2. If this is an application for a special use permit, you need to be aware that the Planning and Zoning Commission and the City Council can place limitations on the permit such as the period for which it will be effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider in this regard. N/A � 3. Is a transfer of ownership of the tract dependent upon the approval of this application, or will a transfer occur if this application is approved? 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 by the City Council. If you are unsure as to whether or not an application was previously made, please contact the Division of Planning Services Office for assistance. NO � Page 5 � SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit will be beneficiai to the neighborhood and the City. Our annexation and subsequent rezoning will benefit the city in that it will bring another successful business into the city limits. It will benefit surrounding businesses in such a way as to extend the city limits to allow for other business (es) to enter the city of Cape Girardeau via friendly annexation. 2. Please list below the names and addresses of adjacent property owners or other neighbors you have contacted directly in regard to the requested rezoning or special use permit, and your project if it involves new structures or a change of use in an existing building. (Telephone or e-mail contacts can be listed, but please note them as such.) Name Address � Revised 05/19/2006 � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager � Council Letter No. 09-4 Agenda Januaxy 5,2009 The Honorable Mayor And Membexs of the City Council City of Cape Gixardeau,Missouri DeaY Mayor and Council Members: RE: Request for a Rezoning of the.Northeast Corner of Hopper and Mount Auburn Roads It is the request of Thomas Armbruster and M.Juan Crites to rezone the pxoperty located on the Nartheast corner of Hopper Road and Mount Aubu�n from C-1 (Loca1 Commercial) District and R-4 (Mulri-Family Residenrial) District to the C-1 (Loca1 Commexcial) District. The future land use plan recommends mixed uses for this property.The Planning and Zoning Commission xecoxnmended approval by a vote of 7 in favor,0 in opposition, � and 0 abstaining. RespectfUlly Submitted, �� Ken Eftink Dixector of Development Services Assistant to the City Manager ��!riiCJ' Douglas K. Leslie City Manager � � CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMMISSION ACTION Request for Rezoning Recommended Action: That the request of Thomas Armbruster and M. Juan Crites to rezone the property located at the Northeast corner of Hopper Road and Mount Auburn from C-1 (Local Commercial)District and R-4 (Multi-Family Residential)District to the C- 1 (Local Commercial)District, be recommended for approval. The vote count on the motion to approve was: Vote Count: Favor—7 Oppose—0 Abstain—0 Date Recommendation Made: December 10, 2008 � Comments: Citizens commenting at meeting: Thomas Armbruster Secretary � CITY OF CAPE GIRARDEAU,NIISSOURI City Staff Review and Referral of Application For Special Use Permit File No. 1212 Address of Property N/E Corner of Mt.Auburn&Hopper Rd � Staff Review and Comments: Request of Thomas H. Armbruster and M. Juan Crites to rezone property at the northeast corner of Mt. Auburn Road and Hopper Road from C-1, Local Commercial District; R-4, Multi-Family Residential District; and R-1, Single-Family Residential District to C-�, General Commercial District. According to the application, there are no current plans for development of this vacant property. The applicants wish to have the property rezoned so that the entire property is one zone and are requesting� to allow for more flexibility for future development. The property is designated as Mix d Use and Parks and Recreation on the future land use map in the comprehensive plan. G�\ �b � o�;a�' q-�,-o � Planning Supe sor � Date ..............................................................................� City Manager Referral to the Plannin�and Zonin� Commission: � q,�U� � City Manag Date � ) t.J ..............................................................................� Posting Date for Planning and Zoning Commission Public Hearing: \��'C� ..............................................................................� Planning:and Zoning Commission Recommendations: S�� }v�.or �c s� ..............................................................................� Posting Date for City Council Public Hearing: �Z ' ZZ- O� ..............................................................................� Council Action: Favor: Oppose: Abstain: � Revised 3/27/08 � � � L � � � � � � � � � � <0 N L � � � � 7 � O(7 H Q •N � � Q. = O � � � N wl v � U � (n Z �, }� N U � yA+/ � W � O � L � � .� � � _ L p� auaoy}nneH Q o � � a� Q � � L '�"� N C 4 � � o = O � � � � � w !� L 1.L O L. 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S.,f��.�..:,� ii, i. �� ; i. C' i• d'yt•' ; � r. �f�'ir►j��iF �l��y��tiAi� ��w��r�ji�+i� ' , � i� � {yi y;��y�r �'�.d ♦I� �ff,f��.iai.+,��:�ri'�;r��}��rda�i+��1�,.�,�;i� i i t�•„ i - L �{4yi �ft��ai{�r '{�;�r. �f{�ir;i�°� i,Si11{ , i , . � ' � � �, a., ' E :' i �' i i:' , ' ; ' �.' ; � � �,+:!�! 1 a . 1 �lai1.li,r at _.�3.`�. + . n;'.e �'j�h' i�'`�.i�4' `i��" i�. �4' r�' i, � �� / L � ri iy Z jl��y��i�yy��f�y�t��yx�5�i�y+��t�if�y'r , � - J•':i1ai:'�le.+'�leif3alnr%'+�le�e�'�1e�r.•'E i'i . ii � i •i Q � S.>"��l�.-. !�f'��-,�'}?.: i��q,. a��'4;a`��"_ .i. ; Q / ,-! _ � W 1�4��yif�y�i y�l��t�� y��ji��il��j�� ,' p � . er�4a1 r+ ,le�'�,7erfi5,�ei�"'i1e1 i7 �:' �i y �p;'?� �% (f;. 1 �'r.�:��E .l ��.� {�F .f % M � •' i�i �.i '� ' m ,-,r, ,' �' , �� ' � . , . - . , , :, �� , '�� ";� _ Q / '� ; ,f ��, ;-,'_ �>i �' '. ', � � / urn Rd il�,�� i � �i_' � Mount Aub � � // " ' ,, / /� ; ' ........................... ' � ' / " '� " , , � � � � � � �: �� , , , , � , ,�;� ,, ,�:, ,/ --, � �� ::� , %: � �>>�� :�� 'i i .M. \\\-'� .�� /� i , , :t!X:: `�,��\��,, i i' �..\ � i i i i � . i L. \�� \� �� " . � , � � �`(�,'��' `�,`'�-'�� '� ' \ � � '`\ � � '� � �1� \��\� �\\\ ' � ' , �, ,� , ,; �.1. Revised 06I18/2007 CITY OF CAPE GIRARDEAU � Application For Rezoning l�Cl OR Special Use Permit ❑ (check one) For Staff Use Only: Date received in Planning Services Office:g�'`l.-t� BY= �� SECTION A 1. Description of project: ��2��og �G�� Rezoning to 3� G-I 1�/�q/� � 2. Street address of fract (or other location description): Northeast corner of Mt. Auburn and Hopper Rd. 3_ Names and addresses of al1 legal owners of tract: Joseph W. Armbruster Revacable �.iving Trust � 4. Present zoning classification_ G1 (300 feet a{ong Mt. Auburn Rd.} R-4 (approximately 200 feet on the east/back side of the property Requested new zoning cEass�cation: C-� �Lo�� Cor..�ne�v�� 19�� -� 5. Requested specia{ use: I t /�/og ��-J�� N/A 6. Person handling this application (name, address, phone number): Thomas H. Armbruster M_ Juan Crites 2515 GrePnway �197 Country Lane Cape Girardeau: IV10 637C1 Gape Girardeau, MQ 6370� 7_ If tract is to be transferred, name and address of intended owner: � Not being transferred � Page 2 8. I STATE UPON MY OATH THAT ALL THE INF�RMATION CONTAINED IN THIS APPLICATION IS TRUE. (Siqnatures of ALL PERSONS listed in Items 3 and 8 above and date of signa#ures): Name ''� �, � f Date �f�.J �,�` i ,�N- �--�.`...,`` - ; /�„ GF �r, �-� -�vt j�' � � ' �1.• ' � iy . $-ZZ - �� SECTION B � 1. Legal description of tract: Please attach a copy of the latest deed to the propecty. (if you do not have a copy of your deed, one can be obtained from the County Recorder of Deeds.) (see attached; 2. Attach to this application a scate plat or map of the tract, on paper no larger than 11 inehes by 17 inches, showing the fo{lowing (If you do not have a surveyor's plat of the property, items a and b can be obtained from the County Mapping and Appraisal Office in the County Administration Building in Jackson): a. All boundary dimensions. b. All adjoining streets and alleys. c. All present improvements_ d. All intended improvements. e. All adjoining and comering property lines and references to all owners listed in Section c. � (see attached) Page 3 � SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which comers on your tract or whiEh is across streets or alleys. (This ir�formation can be obtained from the County (Vlapping and Appraisal Office in the County Administration Buifding in Jackson.) NOTE: Where a rezoning or special use permit is requested for part of.a larger ptatted:tracts adioining owners are considered as those adjoining the targer traci. Ford investments Partrership, LC 10�1 N. Mt. Auburn Rd. Cape Girardeau, MO 3701 Bernice Hunze 3301 Hopper Rd. Cape �irardeau, MQ 637Q1 2. With this application, the applicant must deliver to the Planning Services Office a � stamped, plain business envetope addressed to each of the landowners listed in Section C, Item 1, of this application. Please do not include a return address. The Planning Se Gi dea�an�ten etope for City propertylis ot� 'S owned by the City of Cape needed.} � � Page 4 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. A�ttac� pfans, pictures, or drawings of commercial or industriat twifdings. We have no current plans for development. At some �oint, the front part of the property � was rezoned C-1 and the back side of the prape�ty v�ras rezaned R-4. This is an effort �a� to `clean up' the zoning so that all of the property is zoned alike. We are seeki g j� G-1 0 T zoning because it may give a future developer more opportunity. ��Z�� $ � T�e city is in the process of planning the widening of �r1t. Auburn Road and improving the intersection (stoplig�ts & �idening} to improve traffic flov� and congestion. This property is an the comer of the �ortheast carner of this intersection. As the city widens the street, they wil! reduce our front footage by approximately 11 feet. It is our desire to rezone and improve {fill) the back part of our {ot so that we can offset some of the loss Qn thA fCOt?t��A. � In addition, the current sma(! section of R-4 ir the back of the property has significantly reduced the developable area. 2. If this is an application for a special use permit, you need to be aware that the Planning and Zoning Commission and the City Council can place limitations on the permit such as the period for which it will t� effective, the size and design of improvements to be constructed, and hours of operation, as examples. Please list below any limitations you are willing to consider in this regard. NIA 3. fs a transfer o�ownership of the traet dependent upon the approval of this application, or will a transfer occur if this application is approved? Not transferring ovv�ership. 4. Has there been a prior apptication for a rezoning or speciaf use permit for this tract, or a iarger or smalter parcel involving this tract? If so, give the date and state the pnor action taken by the City Councif_ If you are unsure as to whether or not an application was previously made, please contact the Division of Planning Services Office for assistance. �''1 i�o Page 5 � SECTION E 1. State the reasons why you betieve the requ��renz��e Cor requested speciai use permit will be benefiaai to the neighbo tY N1uch of the area current{y is commercial. �he property bordering on the north and west are already commercial. The property to the east is owned by the city; specifica{ly; it is bordered by a creek and the hiking/biking trail. The property across Hopper Road to the south is owned by the us as welf. �`�fitti tne ��i�ii�ioi� ��th� new water park, tner� 4ikely wifi be a need and a desire for additianal commerciaf activity in the area. 2. Please list below the names and addresses of adjacent property owners or other neighbors you have contacted direc#ly in regard to the requested rezoning or special use permit, and your project if it involves new structures or a change of use in an existing building_ (Telephone or e-mail contacts can be listed, but please note them as such.) Name Address � � 330� � . � , f UU ) /�(. U/� � Revised 05l19/2006 � CITY OF CAPE.GIRARDEAi7,MISSOURI �_ _ . ._ . . . . __ Office of the City Manager � Council Lettex No. 08-256 � Agenda.December 15,2008 The Honorable Mayor And � Members of the City Council City of Cape Giratdeau,lVlissouxi Dear Mayor and Council Members: SUBJECT: An Ordinance Accepting Fee Simple Interest, Permanent Easements and Temporary Construction Easements from Various Property Owners for the Improvement of the Mt. Auburn Road/Hopper Road Intersection _ This Ordinance accepts fee simple interest,permanent easements a�d temporary construcrion easements from various property owners for the imp�ovement of the Mt. . Auburn Road/Hopper Road intersection. Dedicated left tutn lanes will be added on Mt. Auburn Road at the Hopper Road intexsection,along with traffic signals. These improvements a,xe the fixst phase of the Mt.Auburn Road improvement project,a TTF-3 � project It is�ecomn�ended that the Council give first reading consideration c�f the attached ordinance authorizing sta.ff to accept the fee simple interest and easements. Respectfully Submitted, Y"\ Ken Eftink � Director of Development Services . �Q�� . � Dougla.s K.Leslie City Manager � , p 4 ` � f .�� - __` t _.. -.9_ - E {,.�:�, r � z � .�' a�2 3 � . � � � rs �t ,6 � 7 + �_. �-�T�.' � �� i�+ _ :t. � �� s i r } ) � h��' Y 1, . — .'.} � 1�r.: . . .. �' � _ �F�,n.�, � _ .��. .le� _..,�.�! f S g�'+'9 _ _ i _ i5��t ' _i - � �i 5 K .. . — F.' t� 1' \ �!,� �9,��, i .s��[� `! . _ _ ` { �s�.`�� ,��r-_ _ . 'p 8f��1 t' - �t '� A"�\Wy9 y �k�� ,� �'� �� .-� ' �+ Y :�� , - ' a - +-�1 * \ :,x ._�' ;-�u� C . x,ha � q�'� �, � ;�. y '�-` � �� _ 4 ��Y.Ny .�y �\�„ `�f.y�,' �� s � � :� �. .\ �4 ` ,�pI `Y.� �p]�u� '. , �-` ` � � { _-��- ' � .:(, �ani,.�Y`�` $ V_� . t r fi�� a`Cfa "1'� }':- �]�'{r. • �•��' �'�.� • � - �.d ' �¢��3�fy` � '�x4., r '� . �-.1_. _ � �.y M1 �.✓!�1 � :' > � � ' �T _ S�r�:• a f�{ c�-��.q a��ti � ` ib�'S '.� i� 4 :.-��o^y"�`�=�.:.0 .:4 r ��`�...:.H�- V —��_s,5 „''^�,�-. � �� { ` ..� ' ,! y b _, _� ^f.�%gt�„T� �:�' '� �l `� j, "`, � �'�.�. � ,��. . _^�.�.'�',2! a -,� a r i KS .:. � � .. _ � p � •�,��x.#��k*7 > -'�i � � ��.tt .y�t, J_ ',, '�_-e � �� ♦ ��;�r y�r� � � a�t �w#�T sL-'�'' � " -""E -; � f � f --- - j � s Y�� F� K� �3 . _ _' ,r k,: �''', �� z�,_ - n'��'.'a f� ` ' � ,� x - . d �� ,. �7` ,.n,g'�'� � , f� ' T ,s,'� �_ k , � '�"' .3;' � _; t.tj.'� ` 'f t _ - r.t�,�� s -� � - � .;�._ g �j'' .. a�� gy�.: 'i � , . ,`t.' `'�:. .�` ��'� _.`-� _ „� � ' - �� d`.�,k�`�'��" , _ ��y � �� „ = .�¢ �5 � 't i ��t, . _ ��j �.� f .,.'�� 3� - - �C _ a- . sa, �.'+ e � � � i�' , '. �� -r _�� -- - i k� . � � �t ��'�t^� ?.,�. - �k�rc� _ e �'� � BILL NO. 08- 191 ORDINANCE NO. � AN ORDINANCE AUTHORIZING ACCEPTANCE OF FEE SIMPLE INTEREST, PERMANENT EASEMENTS AND T'E1�IppRARy CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF THE MT. AUBURN ROAD/HOPPER ROAD INTERSECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau,Missouri hereby accepts fee simple interest fxom the Mary G.Armbruster Revocable Living Trust dated October 18, 1994,conveying property to the City of Cape Girardeau,Missouri for the improvement of the Mt.Auburn Road/Hopper Road intersection,more particularly described as follows,to-wit: All the grantor's land lying in Oudot 78A of United States Private Survey No.2199,Township 31 North,Range 13 East of the Fifth Principai Meridian,City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Beginning at the existing intersection of the east right of way line of Mt.Auburn Road with the north right of way line of Hopper Road;Thence N 04°48'00"E, 15.00 feet along said east right of way line of Mt.Auburn Road;Thence leaving said east right of way line,S 39�58'42"E,21.30 feet to the aforesaid north right of way line of Hopper Road;Thence N 84�45'24"W, 15.00 feet along the aforesaid north right of way line to the point of beginning,containing 113 square feet more or less. � ARTICLE 2. The City of Cape Girardeau,Missouri hereby accepts a permanent easement from the Mary G.Artnbruster Revocable Living Trust dated October 18, 1994, conveying an easement to the City of Cape Girardeau,Missouri for the improvement of the Mt.Auburn Road/Hopper Road intersection,more particularly described as follows,to-wit: All the grantor's land lying in Oudot 78A of United States Private Survey No. 2199,Township 31 North,Range 13 East of the Fifth Principal Meridian,City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Commencing at the e�usting intersection of the east right of way line of Mt.Auburn Road with the north right of way line of Hopper Road;Thence along said east right of way line of Mt.Auburn Road N 04�48'00"E,96.79 feet to the beginning of a curve concave to northwest having a radius of 1180 feet and a central angle of 04°27' 13";Thence along said curve and right-of-way line in a northeasterly direction 91.72 feet to the True Point of Beginning;thence leaving said curve and right- of-way S 89°52'46"E, 10.00 feet to the beginning of a non-tangent curve concave to the northwest having a radius of 1190 feet,a central angle of 00°28' S3" and from which a radial line bears N 89° 38' 19"W; thence along said curve in a northeasterly and northwesterly direction 10.00 feet;thence N 89°52'46"W, 10.00 feet to a point on the east right of way of Mount Auburn Road,said point being the beginning of a non-tangent curve concave to the northwest having a radius of 1180 feet,a central angle of 00°29'08",and from which a radial line bears S 89° 52'40"W;thence in a southeasterly and southwesterly direction along said curve and right of way, 10.00 feet to the point of beginning, containing 100 square feet more or less. ARTICLE 3. The City of Cape Girardeau,Missouri hereby accepts a tempoxazy construction � easement from the Mary G.Armbruster Revocable Living Trust dated October 18, 1994, conveying an easement to the City of Cape Girardeau,Missouri for the improvement of the Mt.Auburn Road/Hopper Road intersection,more particularly described as follows,to-wit: Page 1 of 5 All the grantor's land lying in Outlot 78B of United States Private Survey No. 2199,Township 31 North,Range 13 East of the Fifth Principal Meridian,Ciry and County of Cape Girardeau,State of � Missouri,being more particularly described as follows: The west 30 feet of a tract of land recorded in Book No. 920 at Page No. 947 in the land records of the County Recorder's Office lying south of Hopper Road,containing 5,919 square feet more or less. ALSO: All the grantor's land lying in Outlot 78A of United States Private Survey No.2199 and Fractional Secrion 35,Township 31 North,Range 13 East of the Fifth Principal Meridian,City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: The west 10 feet of a tract of land recorded in Book No.920 at Page No. 947 in the land records of the County Recorder's Office lying north of Hopper Road,containing 7,242 square feet more or less. Less and except 200 square feet of land taken for right of way and a permanent easement, leaving 7,042 square feet more or less. ARTICI.E 4. The City of Cape Giraxdeau,Missouri hereby accepts a temporary construction easement from Ford Investments Partnership,LC,conveying an easement to the Ciry of Cape Girardeau, Missouri for the improvement of the Mt.Auburn Road/Hopper Road intersection,more particularly described as follows,to-wit: All the grantor's land lying in part of Fractional Section 35,Township 31 North,Range 13 East of the Fifth Principal Meridian,City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Beginning at a point on the north line of a tract of land as recorded in the land records of the County Recorder's Office in Document No. 2006-00615,from which the northeast corner of said tract bears � N 86° 15'00"E, 5.00 feet;Thence S 04° 22'46"E, 193.61 feet to the beginning of a curve concave to the northwest having a radius of 1105.00 feet and a central angle of 09° 10'46";Thence in a southwesterly direction along said curve 177.03 feet;Thence S 04°48'00"W, 8636 feet;Thence S 49° 03'42"W,7.16 feet;Thence N 04°48'00"E, 91.49 feet to the beginning of a curve concave to the northwest having a radius of 1100.00 feet and a central angle of 09° 10'46";Thence in a northeasterly direction along said curve 176.23 feet;Thence N 04°22'46"W, 193.66 feet to the aforesaid north line of Document No. 2006-00615;Thence along said north line N 86° 15'00"E, 5.00 feet to the point of beginning containing 2,296 square feet,more or less. ALSO: All the grantor's land lying in part of Fractional Section 35,Township 31 North,Range 13 East of the Fifth Principal Meridian,City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Commencing at the northeast corner of a tract of land as recorded in the land records of the County Recorder's Office in Document No.2006-00615,said point also being on the west right of way line of Mt.Auburn Road;Thence along said west right of way line S 04°22'46"E, 193.55 feet to the beginning of a curve concave to the northwest having a radius of 1,110.00 feet and a central angle of 09° 10'46";Thence in a southwesterly direction along said curve and right of way 177.83 feet; Thence continuing along said right of way S 04°48'00"W, 103.56 feet to the north line of a tract of land as recorded in Book No. 1079 at Page No. 766, said north line being the north right of way line of Hopper Road;Thence along said north line the following courses and distances,S 44° 34' 10"W, 3.55 feet;Thence N 86°40' 37"W,22.73 feet to the True Point of Beginning;Thence continuing N 86°40'37"W, 133.16 feet to the beginning of a non-tangent curve concave to the northeast having a radius of 550.00 feet and a central angle of 12° 54'03" from which a radial line bears,N 03°08' 18" � E;Thence in a northwesterly direction along said curve and right of way 123.84 feet,Thence leaving said north line N 16°02'22"E, 30.00 feet to the beginning of a non-tangent curcTe concave to the Page 2 of 5 northeast having a radius of 520.00 feet and a central angle of 12° 54'03"from which a radial line bears,N 16°02'22"E;Thence in a southeasterly direction along said curve, 117.09 feet;Thence S 8G° 51'42"E, 149.04 feet,Thence S 04°48'00"W, 15.49 feet,Thence S 49°03'42"W,21.48 feet � to the point of beginning,contauvng 7,995 square feet,more or less. ARTICLE 5. T"he City of Cape Girardeau,Missouri hereby accepts a permanent easement from Ford Investments Parmership,LC,conveying an easement to the City of Cape Girardeau,Missouri for the improvement of the Mt.Auburn Road/Hopper Road intersection,more particularly described as follows,to- wit: All the grantor's land lying in pa.rt of Fractional Section 35,Tovcroship 31 North,Range 1'3 East of the Fifth Principal Meridian,City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Beginning at the northeast corner of a tract of land as recorded in the land records of the County Recorder's Office in Document No.2006-00615,said point also being on the west right of way line of Mt.Auburn Road;Thence along said west right of way line S 04°22'46"E, 193.55 feet to the beginning of a curve concave to the northwest having a radius of 1110.00 feet and a central angle of 09° 10'46";T'hence in a southwesterly direction along said curve and right of way 177.83 feet; Thence continuing along said right of way S 04°48'00"W, 81.23 feet;Thence leaving said right of way S 49°03'42"W,7.16 feet;Thence N 04°48'00"E, 8636 feet to the beginning of a curve concave to the northwest having a radius of 1105.00 feet and a central angle of 09° 10'46";Thence in a northeasterly direction along said curve and right of way 177.03 feet;Thence N 04°22'46"W, 193.61 feet to the north line of Document No. 2006-00615;Thence along said north line N 86° 15' 00"E, 5.00 feet to the point of beginning containing 2,274 square feet,more or less. ALSO: All the grantor's land lying in part of Fractional Section 35,Township 31 North,Range 13 East of � the Fifth Principal Meridian, City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Commencing at the northeast corner of a tract of land as recorded in the land records of the County Recorder's Office in Document No. 2006-00615,said point also being on the west right of way line of Mt.Auburn Road;Thence along said west right of way line S 04°22'46"E, 193.55 feet to the beginning of a curve concave to the northwest having a radius of 1110.00 feet and a central angle of 09° 10'46";Thence in a southwesterly direction along said curve and right of way 177.83 feet; Thence continuing along said right of way S 04°48'00"W, 103.56 feet to the north line of a tract of land as recorded in Book No. 1079 at Page No. 766,said north line being the north right of way line of Hopper Road;Thence along said north line the following courses and distances,S 44° 34' 10"W, 3.55 feet;Thence N 86° 40'37"W, 130.13 feet to the True Point of Beginning;Thence continuing N 86°40'37"W, 10.00 feet,Thence leaving said north line N 3° 19'23"E,20.00 feet;Thence S 86° 40' 37"E, 10.00 feet,Thence S 3° 19'23"W,20.00 feet to the point of beginning,containing 200 square feet,more or less. ALSO: All the grantor's land lying in part of Fractional Section 35,Township 31 North,Range 13 East of the Fifth Principal Meridian,City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Commencing at the northeast corner of a tract of land as recoxded in the land records of the County Recorder's Office in Document No. 2006-00615,said point also being on the west right of way line of Mt.Auburn Road;Thence along said west right of way line S 04°22'46"E, 193.55 feet to the beginning of a curve concave to the northwest having a radius of 1,110.00 feet and a central angle of � 09° 10'46";Thence in a southwesterly direction along said curve and right of way 177.83 feet; Thence continuing along said right of way S 04°48'00"W, 103.56 feet to the north line of a tract of land as recorded in Book No. 1079 at Page No. 766,said north line being the north right of way line Page 3 of 5 . of Hopper Road;Thence along said north line the following courses and distances,S 44° 34' 10"W, 3.55 feet;Thence N 86°40'37"W,40.73 feet to the True Point of Beginning;Thence continuing N 86°40'37"W,25.00 feet,Thence leaving said north line N 48° 19'23"E,25.46 feet;Thence S 86° � 40'37"E,7.00 feet,Thence S 03° 19'23"W, 18.00 feet to the point of beginning,containing 288 - square feet;more or less. ALSO: Commencing at the northeast corner of a tract of land as recorded in the land records of the Counry Recorder's Office in Document No.2006-00615,said point also being on the west right of way line of Mt.Auburn Road;Thence along said west right of way line S 04°22'46"E, 193.55 feet to the beginning of a curve concave to the northwest having a radius of 1,110.00 feet and a central angle of 09° 10'46";Thence in a southwesterly direction along said curve and right of way 177.83 feet; "I'hence continuing along said right of way S 04°48'00"W, 103.56 feet to the north line of a tract of land as recorded in Book No. 1079 at Page No. 766,said north line being the north right of way line of Hopper Road;Thence along said north line the following courses and distances,S 44° 34' 10"W, 3.55 feet;Thence N 86°40'37"W, 155.89 feet to the beginning of a non-tangent curve concave to the northeast having a radius of 550.00 feet and a central angle of 12° 33'21"from which a radial line bears,N 03°08' 18"E;Thence in a northwesterly direction along said curve and right of way 106.53 feet to the True Point of Beginning;Thence continuing along said curve and right of way line, 14.00 feet,Thence leaving said north line N 15°41'39"E, 12.00 feet;Thence S 75°02'06"E, 13.69 feet,Thence S 14° 14'09"W, 12.00 feet to the point of beginning, containing 167 square feet,more or less. ARTICLE 6. The City of Cape Girardeau,Missouri hereby accepts fee simple interest from Foxd Investments Partnership,LC,conveying property to the Ciry of Cape Girardeau,Missouri for the unprovement of the Mt.Auburn Road/Hopper Road intersection,more particularly described as follows,to- wit: �, ) �./ All the grantor's land lying in part of Fractional Section 35,Township 31 North,Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Commencing at the northeast corner of a tract of land as recorded in the land records of the County Recorder's Office in Document No. 2006-00615,said point also being on the west right of way line of Mt.Auburn Road;Thence along said west right of way line S 04°22'46"E, 193.55 feet to the beginning of a curve concave to the northwest having a radius of 1110.00 feet and a central angle of 09° 10'46";Thence in a southwesterly direction along said curve and right of way 177.83 feet; Thence continuing along said right of way S 04°48'00"W, 81.23 feet to the True Point of Beginning;Thence continuing along said west right of way S 04°48'00"W,22.33 feet to the north line of a tract of land as recorded in Book No. 1079 at Page No. 766,said north line being the north right of way line of Hopper Road;Thence along said north line the following courses and distances, S 44° 34' 10"W,3.55 feet;Thence N 86°40'37"W,22.73 feet;Thence leaving said north line N 49° 03'42"E,35.81 feet to the point of beginning,contauiing 309 square feet,more or less. ARTICLE 7. The City of Cape Girardeau,Missouri hereby accepts a permanent easement from Bernice E. Hunze,conveying an easement to the City of Cape Girardeau,Missouri for the improvement of the Mt.Auburn Road/Hopper Road intersection,more particularly described as follows,to-wit: All the grantor's land lying in part of Fractional Section 35,Township 31 North,Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Beginning at the northeast corner of Lot 6 of Block 3 of Hunze Addition as recorded in the land records of the County Recorder's Office in Plat Book 5 at Page 52, said point also being on the west � right of way line of Mt.Auburn Road;Thence along the north line of said Lot 6,N 87°09' S6"W, 5.00 feet;Thence leaving said north line N 04�48'00"E,246.25 feet to a point on the south right of Page 4 of S way line of Hopper Road;Thence along said south right of way line N 89° 16'38"E,5.02 feet to its intersection with the west right of way line of Mt.Auburn Road;Thence along said west right of way line S 04�48'00"W,246.56 feet to the point of beginning,containing 1,232 square feet more or less. � Less and except 125 square feet of land taken for a drainage easement,leaving 1,107 square feet. ALSO: All the grantor's land lying in part of Fractional Section 35,Township 31 North,Range 13 East of the Fifth Principal Meridian,City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Beginning at the northeast corner of Lot 6 of Block 3 of Hunze Addition as recorded in the land records of the County Recorder's Office in Plat Book 5 at Page 52,said point also being on the west right of way line of Mt.Auburn Road;Thence along said west right of way line,N 04�48'00"E, 25.00 feet;Thence leaving said right of way line N 87�09'S6"W,25.00 feet;Thence S 04�48'00" W,25.00 feet to a point on the north line of said Lot 6;Thence along said north line S 87�09'56"E, 25.00 feet to the point of beginning,containing 625 square feet more or less. ARTICLE 8. The Ciry of Cape Girardeau,Missouri hereby accepts a temporary construction easement from Bernice E.Hunze,conveying an easement to the City of Cape Girardeau,Missouri for the improvement of the Mt.Auburn Road/Hopper Road intersection,more particularly described as follows, to- wit: All the grantor's land lying in part of Fractional Section 35,Township 31 North,Range 13 East of the Fifth Principal Meridian, City and County of Cape Girardeau,State of Missouri,being more particularly described as follows: Beginning at the northeast corner of Lot 6 of Block 3 of Hunze Addition as recorded in the land records of the County Recorder's Office in Plat Book 5 at Page 52,said point also being on the west right of way line of Mt.Auburn Road;Thence along the north line of said Lot 6,N 87° 09' S6"W, � 15.01 feet;Thence leaving said north line N 04�48'00"E,245.63 feet to a point on the south right of way line of Hopper Road;Thence along said south right of way line N 89° 16'38"E, 15.07 feet to its intersection with the west right of way line of Mt.Auburn Road;Thence along said west right of way line S 04�48'00"W, 246.56 feet to the point of beginning,containing 3,691 square feet more or less. Less and except 1,482 square feet of land taken for a permanent easement and a drainage easement,leaving 2,209 square feet. ARTICLE 9. The Council of the City of Cape Girardeau,Missouri,hereby fmds 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 property is reasonable and necessary for public use in order to provide for public street improvements. ARTICLE 10. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ,2008. Jay B. Knudtson Mayor ATTEST: � Gayle L. Conrad Ciry Clerk Page 5 of 5 CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager � Council Lettex Na 08-257 . Agenda December 15,2008 The Honorable Mapor ' And Members of the City Council City of Cape Giratdeau,Missouri Dear Mayor and Council Members: RE: Public Hearing Regarding a Petition for Annexation and Ordinance Annexing Property Owued by Midamerica Hotels Corporation containing 43.0 acres Located Adjacent to the Cape Girardeau Regional Aicport . Staff has received an egecuted petiti�n from Midamerica Hotels Corporation requesting annezation of a tract totaling 43.0 acres located adjacent to the northern border of the Cape Girardeau Regional Airport. In accordance with Section 71.012,Revised Statutes of Missouri,the City Council must hold a public hearing not less than 14 nor more than 60 days after a petition is presented to the Council. The Council accepted this perition at its November 17,2008 meeting and set the required public hearing for December 15,2008 at 7:00 p.m. As required,a formal public notice of the hearing was published in the Southeast Missourian on December 4,2008 and in the Scott County Signal on December 7,2008. The purpose of the public hearing is to ailow any interested person,corporarion,or political � subdivision to present evidence regaxding the proposed annexation. Following the hearing,if the Council determines that the annexarion is reasonable and necessary to the proper development of the City,and the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time,it may proceed to annex the property by ordinance. It is the staff's opuuon that both of these condirions are met and we are reeommending that the Council proceed at this time. Attached for the Council's considerarion for first reading is an ordinance that,when effecrive, would complete the annexation process. Respectfully Submitted, � � Ken Eftink Director of Development Services . .��J�y2��PJ Douglas K.Leslie City Manager � �� o �aearias�-a# �s e �-— � � .� , � � � ~S ..;`��j �-;�� 2 1 ' � ,Lr+. i , "5 a.-. ,q�jt � -& �-ue.-�'v3j �`� �L'� _. � ' . .. ��-.�.., '� ..�,�,� � ,� .�' � �� .�. � " ��y`-�� .'� - �- � � ' �9�Y � - ��fi.'��'��s.'� .*��'" �' �� ' � � .y `� 'r �",��y� �a3�'� � - � � � � � - � y� d,- � °` - �� , s�.;F n-z.. ;.� �� __� � � �, � " ,� ' c�� .i, ` . � ,�y� � ,� - '� � � �� ,' �-.,r . ��r.�' ` � �`a.fq� '� yd �=� ; �,�� -� ,- �^�� . � t 1� ,--' �,�,�'�~ _ '�.. 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'_ ,-�,,,a..t�z.7c- .,� z�r..�.�.. »..,.v e:.•:A,3 -�wr.+s- 'tdry � BILL NO. 08- 192 ORDINANCE NO. � AN ORDINANCE ANNEXII�G LAND T O THE CITY OF CAPE GIRARDEAU,MISSOURI,UPON THE REQUEST OF MIDAMERICA HOTELS CORPORATION WHEREAS,MIDAMERICA HOTELS CORPORATION. has presented to the City Council of Cape Giraxdeau,Missouri,its Verified Petition requesting annexation as the owner of all fee interest of record of a certain tract of land which it proposes to be annexed to the City of Cape Girardeau,Missouri;and WHEREAS,a public hea.ring was held on December 15,2008, after due notice was given accoxding to Chapter 71.012 RSMo;and WHEREAS, at said public hearing all interested pexsons were allowed to present evidence regarding the proposed annexation;and WHEREAS, the City Council of Cape Girardeau has determined that the annexarion is reasonable and necessary to the proper development of the City and, further, that the City has the abiliry to fuxnish normal municipal services to the area to be annexed within a reasonable time;and WHEREAS, the Ciry Council has determined that the property proposed to be annexed is contiguous � and compact and adjacent to the e�sting corporate limits of the City of Cape Girardeau, Missouri,and further, the land proposed to be annexed is in an unincorporated area. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI,AS FOLLOWS: ARTICLE 1. That the corporate limits of the City of Cape Girardeau,Missouri, shall be extended so as to annex the following described unincorporated area of land which is adjacent to and contiguous and compact with the e�sting corporate limits of the Ciry of Cape GiraYdeau, and to extend the limits of the city over said territory as described hereinbelow, to-wit: A certain tract of land owned by the City of Cape Girardeau and more parricularly described as follows: MIDAMERICA HOTELS CORPORATION Paxt of the South one-half of the Southeast Quarter of Section 26, Township 30 North, Range 13 East of the Fifth Principal Meridian,in the County of Scott, State of Missouri, described as follows: Begin at the Southwest corner of the Southeast Quarter of said Section 26,being at the intersection of the centerlines of Litde River Drainage District ditches No. 1 and No. 4A;thence North 0° 25'East,with the North-South quarter section line and the centerline of said Ditch No. 4A, 50.0 feet to the North line of said Ditch No. 1; thence South 88° 52' East, parallel with and 50 feet north of the South line of the Southeast Quarter of said Section 26,and along the North line of said Ditch No. 1, 50.0 feet to the East line of said � Ditch No. 4A marked by a 6"X 6" concrete monument;thence North 0° 25'East,paxallel with and 50 feet East of the Noxth-South quarter section line and along the East line of said Ditch No. 4A, 1,211.66 feet; � thence South 88° 52'East, 803.76 feet;thence North 53° 07' East, 98.9 feet to a point on the West right of way line of the Cape Girardeau Municipal Airport Road;thence Southeasterly with a spiral ttansition curve to the left with a k value of 1° 55' (chord South 36° 53'East) along the said West right of way line of the Cape Gitardeau Municipal Airport Road; 126.0 feet;thence continuing along said West right of way line South 41° 05' East, 1,269.6 feet;thence continuing along said West right of way line,South 43° 03' East,414.72 feet to the intersection of said West right of way line of the Cape Gixatdeau Municipal Airpoxt Road and the centexline of Little River Drainage Ditch No. 1,thence North 88° 52'West along said centerline of Ditch No. 1 and the South line of the Southeast Quarter of said Section 26, 2,135.54 feet to the point of beginning,and containing 43.0 acres,more or less. --- ARTICLE 2. This ordinance shall take effect and be in force from and after ten days after its final passage and appxoval. ARTICLE 3. If any section, subsection, sentence, clause,phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any couxt of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the xemaining portions hereof. ARTICLE 4. That the City Clerk is authorized and directed to cause tbree (3) cextified copies of this ordinance in its final form to be filed with the Clerk of Cape Girardeau County as prov3zlect-b��S�ctia��rE�12--- RSMo. ARTICLE 5.That the City Council of Cape Girardeau,Missouri,does hereby fmd and determine that� the annexation of the tract of land is Yeasonable and necessaYy to the proper development of the City and further,that the City has the ability to furnish normal municipal services to the area to be annexed within a zeasonable time. Further,the City Council of Cape Girardeau,Missouri, finds and determines that with respect to the land to be annexed into the City of Cape Gixardeau,Missouri,that all of the owners of all fee interest of record have requested such annexation by appropriate Petition. PASSED AND APPROVED THIS DAY OF � 20= Jay B. Knudston,Mayor ATTEST: Gayle L. Conrad,City Clerk � CITY OF CAPE GIRARDEAU,MISSOURI Office of the City Manager � Council Letter No. 08-258 Agenda December 15,2008 The Honorable Mayor And Members of the City Council ' City of Cape Girardeau,Missouri Dear Mayor and Council Members: RE: Public Hearing Regarding a Petition for Anneacation and Ordinance Annexing Property Owned by NAB Automation,Inc.containing 1.62 acres Located North of the Cape Girardeau Regional Airport Staff has received an executed petition from NAB Automation,Inc.requesting annezation of a tract totaliizg 1.62 acres located at 126 Airport Road,north of the Cape Girardeau Regional Airpoxe. The property is owned by NAB Automation,Inc. and contains existing buildings used for light manufacturing. This property is bordered to the south by a tract owned by Midamerica Hotels Corporation,which is also in the process of anne�cation. T'he Midamerica Hotels Corporation property is conriguous to the the Cape Girardeau Regional Airport which is located within the Citp limits. In accordance with Secrion 71.012,Revised Statutes of Missouri,the City Council must hold � a public hearing not less than 14 nor more than 60 days after a petition is presented to the Council. The Council accepted this petition at its November 17,2008 meeting and set the required public hearing for December 15,2008 at 7:00 p.m. As required,a formal public norice of the hearing was published in the Southeast Missourian on Deeernber 4,2008 and in the Scott County Signal on December 7,2008. � T'he purpose of the public hearing is to allow any interested person,corporarion,or political subdivision to present evidence regarding the proposed annexarion. Following the hearing,if the Council determines.that the annexation is reasonable and necessary to the proper development of the City,and the City has the ability to furnish normal municipal services to the area.to be anneged within a reasonable time,it may proceed to annex the properry by ordinance. It is the staff's opinion that both of these conditions are met and we are recommending that the Council proceed at this time. Attached for the Council's consideration for first reading is an ordinance that,when effective, would complete the annexarion process. Respectfully Submitted, �� Ken Eftin Director of Development Sexvices �L��C� Dougla.s K.Leslie City Manager � �e$�+`.c-� � �i 7 6�,�* �� a � ± r��a� . :�E i ,� i _ � �i4 �.�� .. - �* k �;��' �-� .�� - � j "`_ ._ �t a� :' ,.,.� �...�} .a^-�'i �' 'i .� �„ .� - �. �,�, �.:�j1<� '� _ arvr� � .�`�«'7"-'y� �..�'. � � � �up .�c�at 6:�� _ �� ' j.rr �� • v'_:i.y wD,}+�o-;•��{'"�v,; � 4 rr:� f � �� .� .yi ' y�p �' �/� `� o � ' � 'f x `� �`w �;z.`3 �' L�'� � t f �� I �'t ` �� F _ � j ��J��' ^?/`�. s��'' 'y ' � '�,,�,''.a-�,h�""�`'i - � '.. z{ .� J��i f- f .j � ��i°Y�� s�� f�.�� r�� r�, `a�z �S I -�'+r = . . �s��+,�„✓".`� .�"r''..�� .;"% ��,�y�F"�r�� `. � �` � _ ,.a..- _' Uv J " �`,�,.t � . � .; _ : k xw :;�� 's � Jrt „�_,. r^� � '`'` �'' ;\ _. � `* .�.�:e,±?"i� .-`.• �w_. .. . t+ .,t '""'rlr` �C"''"� _ . r„�, � Y � g i . 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I . � � -:;� ' �i' v- -:r �� s�' p ,�'.3" - j"a.'.� � ^^+;-'�' �` `^� � � �: �� .�t�� n a �� - � � _ �' � � y � �" '�"--� `'�.,`'� Y � .�,� � , ��r .y...�..�f.. , � � � '_ � '_ �� < , ,, , _ � � � � � + � r 4:��+s1'*-<.,a ' ,�»s -,ia-z"x',�-,, �r�'�""'i-x.F ''.'.-r-.c- $" j � �r ^� -'� � r .� .� y. k��--�.r,z�rr��' � e��..y._N ��-`".�Cw ,�y�� '�:.� �c' 1 ,.1 � ,,z�r..,..�� i.�.: $ - ..rw-��`.�-.r«,.�c:--:.. � �:>:.?L_._-��' _s�,.�'`s�' BILL NO. 08- 193 ORDINANCE NO. � AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU,MISSOURI,UPON THE REQUEST OF NAB AUTOMATION, INC. WHEREAS, NAB AUTOMATION, INC. has presented to the Ciry Council of Cape Giraxdeau, Missouri,its Verified Petition requesting annexation as the owner of all fee interest of record of a certain tract of land which it proposes to be annexed to the City of Cape Girardeau,Missouri;and WHEREAS, a public hearing was held on December 15, 2008, after due notice was given according to Chapter 71.012 RSMo;and WHEREAS, at said public hearing all interested persons were allowed to present evidence regarding the proposed annexation;and WHEREAS,the City Council of Cape Giraxdeau has determined that the annexation is reasonable and necessary to the proper development of the City and, further, that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time;and WHEREAS, the City Council has determined that the property pxoposed to be annexed is contiguous � and compact and adjacent to the existing corporate limits of the City of Cape Girardeau, Missouri, and fizrther, the land proposed to be annexed is in an unincorporated area. NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI,AS FOLLOWS: ARTICLE 1. That the corporate limits of the City of Cape Girardeau,Missouri, shall be extended so as to annex the following described unincorporated area of land which is adjacent to and contiguous and compact with the existing corporate limits of the City of Cape Giraxdeau, and to extend the limits of the city over said territory as described hereinbelow, to-wit: A certain tract of land owned by the City of Cape Girardeau and moxe particularly described as follows: NAB AUTOMATION, INC. Part of the West One Half of the Southeast Quarter, Section 26,Township 30 North, Range 13 East, Fifth Principal Meridian, County of Scott, State of Missouri, described as follows: Start at the southwest corner of the Southeast Quarter of said Section 26,being at the intersection of the centerline of Little River Drainage District ditches No. 1 and No. 4A;thence N 0° 25' E,with the north-south quarter section line and the center line of said Ditch No. 4A, 50.0 feet to the north line of said Ditch No. 1; thence S 88° 52' E,paxallel with and 50 feet north of the south line of said Section 26 and along the north line of said Ditch No. 1, 50.0 feet to the east line of said Ditch No. � 4A;marked by a 6" x 6" concrete monument;thence N 00° 25'E,parallel with and 50 feet east of the \\ north-south quaxter secrion line and along the east line of said Ditch No. 4A, 1461.66 feet;thence S 88° 52'E,paxallel with the south line of Section 26, 533.86 feet to a '/a" dia. metal xod, for the point �. of begulning;thence continue S 88° 52' E,parallel to the south line of said Section 26,200.0 feet to a '/z" dia. metal rod on the West line of the Outer Road to the Cape Girardeau Municipal Airport; thence Southeasterly with said west line and with a spiral transition cuxve to the left with a k value of 1° 55',(chord S 36° 53'E),240.0 feet to a '/Z" dia. metal rod;thence S 53° 07'W, 98.9 feet to a '/z" dia. metal rod;thence N 88° 52'W,parallel with the south line of said Section 26,269.9 feet to a'/a" dia. metal rod;thence N 1° 08'E,250.0 feet to the point of beginning and containing 1.62 acres,more or less. ARTICLE 2. This ordinance shall take effect and be in force fxom and after ten days aftex its final passage and approval. ARTICLE 3. If any section, subsection, sentence,clause,phrase or portion of this ordinance is for any xeason held invalid or unconstitutional by any couxt of competent jutisdiction, such portion shall be deemed a separate,distinct and independent pxovision and such holding shall not affect the validity of the remaining portions hereof. ARTICLE 4. That the City Clerk is authorized and directed to cause three (3) certified copies of this ordinance in its final form to be filed with the Clexk of Cape Giraxdeau Counry as provided by Section 71.012 RSMo. ARTICLE 5.That the City Council of Cape Girardeau,Missouri, does hereby find and determine that the annexation of the tract of land is reasonable and necessary to the proper development of the City and � further, that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time. Further, the City Council of Cape Giraxdeau,Missouri, finds and detexmines that with respect to the land to be annexed into the City of Cape Girardeau, Missouri, that all of the owners of all fee interest of record have requested such annexation by appropriate Petition. PASSED AND APPROVED THIS DAY OF , 20—• Jay B. Knudston, Mayor A'I"TEST: Gayle L. Conrad, City Clerk � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the Ci Mana er tY g Council Letter No. 08-259 Agenda December 15,2008 The Honorable Mayor And � Members of tlie City Council City of Cape Girardeau,Missouri Dear Mayor and Council Members: SUBJECT: An Ordinance Accepting Temporary Consuuction Easements _ from Joseph R. and Kimberly M. Baker;S&H Apartriients, LLC;Bermat Enterprises,LLC;and Elite Development,LLC for the Lisa Street Detention Basin Modifications . ' This Ordinance accepts temporary constcuction easements from Joseph R. and Kunberly 1VI. Bakex;S&H Apaxtments,LLC,Kermat Enterprises,LLC;and Elite Development,LLC for the Lisa Street Detenrion Basin Modificarions. This project will restore the functionality of the storm water detention basin. � It is recommended that the Council give first reading consideration of the attached ordinance authorizing staff to accept this easement. Respectfully Submitted, �� Tim Gramling . Director of Public Works . T �e L��F�l�/`� �/v Douglas K.Leslie City Manager � BILL NO. 08-196 ORDINANCE NO. � AN ORDINANCE AUTHORIZING ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENTS FROM: JOSEPH R. AND KIMBERLY M. BAKER, S&H APART`MENTS LLC, KERMAT ENTERPRISES LLC, AND ELIT'E DEVELOPMENT LLC, FOR THE LISA STREET DET'ENTION BASIN MODIFICATIONS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau, Missouri hereby accepts donation of a temporary construction easement executed by Joseph R. Baker and Kimberly M. Baker, husband and wiEe, conveying use of property to the City of Cape Girardeau, Missouri for the Lisa Street Detention Basin Modifications, more particularly described as follows, to-wit: A temporary construction easement in the East ten (10) feet of the West 105 feet of Lot 2 of Melrose Place III, an addition to the City of Cape Girardeau, Missouri, as shown in Plat Book 19 on Page 52 of the Cape Girardeau County Land Records. The street address of the property is 1929 Randol Ave. ARTICLE 2. The City of Cape Girardeau, Missouri hereby accepts donation of a temporary construction easement executed by Steve Essner, for S&H Apartments, LLC, conveying use of property to the City of Cape Girardeau, Missouri for the Lisa Street Detention Basin Modifications, more particularly � described as follows, to-wit: A temporary construction easement in Lot 62 of Greenwood Second Subdivision, in the City of Cape Girardeau, Missouri, as shown in Plat Book 13 on Page 21 of the Cape Girardeau County Land Records;said easement described as follows: From a point marking the Southeast corner of said Lot 62, measure N 88° 30'W along the South line thereof a distance of 20.00 feet, to a point on the West line of an existing 20.00 feet easement, for the point of beginning; thence, N 00° 01' 00" E along the West line of said e�sting 20.00 feet easement, a distance of 107.54 feet, to a point on the South line of an e�cisting 12.50 feet easement; thence N 88° 30' 00" W along the South line of said existing 12.50 feet easement, a distance of 45.90 feet, to a point; thence, S 75° 30' 00" E a distance of 39.60 feet, to a point; thence, S 0° 20' 46" E a distance of 66.02 feet, to a point; thence S 36° 30' 00" W a distance of 39.80 feet, to a point on the South line of said Lot 62; thence, S 88° 30' E a distance of 30.80 feet, to the point of beginning. The street address of the property is 2560 Lisa Dr. ARTICLE 3. The City of Cape Girardeau, Missouri hereby accepts donation of a temporary construction easement executed by Robert J. Basler,general partner for Kermat Enterprises, LLC, conveying use of property to the City of Cape Girardeau, Missouri for the Lisa Street Detention Basin Modifications, more particularly described as follows, to-wit: A temporary construction easement in Lot 64 oE Greenwood Second Subdivision, in the City of Cape Girardeau,Missouri, as shown in Plat Book 13 on Page 21 of the Cape Girardeau County Land Records; said easement described as follows: From a point marl:ing the Southeast corner of said Lot 64; measure N 88� 30'W along the South line thereof a distance of 20.0 feet, to a point on the West line of an e�sting 20.00 Eeet easement; thence, N 0° 01' 00" E along the West line oE said existing � 20.00 feet easement a distance of 7.50 feet, to a point on the North line of an existing 7.50 feet easement, for the point of beginning; thence N 0° 01' 00" E continuing along the West line of said existing 20.00 feet easement, a distance of 30.50 feet, to a point; thence, S 31° 01' W a distance of Page 1 of 2 12.10 feet, to a point; thence, S 61° 14' 01" W a distance of 22.54 feet, to a point; thence N 88° 30' 00"W a distance of 19.20 feet, to a point; thence S 0° 01'00"W a distance of 8.6 feet, to a point on the North line of said e�usting 7.5 feet easement; thence, S 88° 30' 00" E along said North line of said e�risting 7.5 feet easement, a distance of 45.20 feet, to the point of beginning. The street address �i' of the property is 1928 Delwin St. ARTICLE 4. The Ciry of Cape Girardeau, Missouri hereby accepts donation of a temporary construction easement executed by Bruce Baker, owner of Elite Development, LLC, conveying use of property to the City of Cape Girardeau, Missouri for the Lisa Street Detention Basin Modifications, more particularly described as follows,to-wit: A temporary construction easement in the East ten (10) feet of the West 105 feet of Lot 1 of Melrose Place III,an Addition to the Ciry of Cape Girardeau,Missouri,as shown in Plat Book 19 on Page 52 of the Cape Girardeau County Land Records. The street address of the property is1925 Randol Ave. ARTICLE 5. 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 property is reasonable and necessary for public use in order to provide for the Lisa Street Detention Basin Modifications Project. ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ,2008. � )ay B. Knudtson Mayor ATTEST: Gayle L. Conrad City Clerk � ; Page 2 of 2 CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter Na nR-�h� Agenda December 15,2008 The Honorable Mayar And Members of the City Council City of Cape Giratdeau,Missouri Dear Mayor and Council Members: RE: VPINDRIDGE PROPERTIES II RECORD PLAT The owner of the property which is the subject of the Windridge Properties IT record plat is requesting to subdivide the property into two parcels.The ownex of the property has met with Kelly Gxeen, City Engineer,to discuss the stormwater issues that were raised when the owner requested a Special Use Permit for additional apaxtment buildings on the property.The ownex has submitted a letter showing that they will provide 120%of the stormwater c�etention required for Lot#2 of the record plat when the property is ' developed. � The record plat meets a31 of the City subdivision regulations,with the exception of a � few of the buildings on Lot#1 extending into the required setback which already existed when the property was annexed into the City. Since the plat does meet City subdivision regularions, the Planning and Zoning Commission recomxnends approval by a vote of 6 in favor,0 in opposition,and 1 abstaining. Respectfully Submitted, �� Ken E � . Dixector of Development Services Assistant to the City Ma ger L��z�L�o-� �� Douglas K. Leslie Ciry Manager � BILL NO. 08-197 ORDINANCE NO. � AN ORDINANCE APPROVING THE RECORD PLAT OF WINDRIDGE PROPERTIES II BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l . The record plat of Windridge Properties II, being that part of Lot 2 of Lakeland 2nd Subdivision, and part of the southeast quarter of the southwest quarter of Section 19, Township 31 North, Range 14 East, in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, submitted by Broadway Park Apartments, Inc . , bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated November 14, 2008, 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � • �C C � C � �a 0 .3•ii 'i � : � f � !^ A �t� �3� g� t�i{�s}� � z t; � � � ' �� tio 3°��I€�=� t�. �j � 9 {j e o� g S% 3•d � 3�i�{l��'. z: I 1� � _� �# ��: ,t�.�� 3 �� '� ; Fi oo� K =: �� ! �i��, ��;�� a' � j 3 5-y� �E�s ;f!i�q##� 1 F � � 03: 3� $ �`<3� L�T� =F E i � !� s "t i �o« �.... ( � ��f`f��L�3��F�ss� ��I IJ �4 � �i C.^o.R �,, b' j {� �€_� {s� � y S W v� 8. 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'�,� � '�y'�..�, � -�'e -�`a'- ' -.aS �,_-zs` __itrY iE�C a..� { G� > �,� � - ��3 �qy '.� �3.5 Y�y. ` Y _ i � �d 3 E ,,`��'. �� ✓ � � � � a � ��a � �,.� s �`a � i��_�¢ - �� ;��' �` t �r, z �r�,� ...�.r,. r. y� `�� k 4r 3 `"' g �;�� t�.. � � � �'_.. � -a:2�s� �1�."s �.�� _,Y.a.'."`�i.�--�s�� Y�i .z$� 3 � � � • � � - - �._ '�f � CITY OF CAPE GIItARDEAU,MISSOURI � OfSce of the City Manager Council Letter No. 08-261 Agenda December 15,2008 The Honorable Mayor And Membexs of the City Council Citq o€ Cape Girardeau,Missouri Deat Mayox and Council Members: RE: WALDEN PARK CONDOMII�TIUMS,RECORD PLAT The ownex of the pxoperty which is the subject of the Walden Park Condominiums has submitted record plats for the condominiums on Lot 7 of the Walden Park Subdivision. The owner is requesting to divide the.condominiums into 10 units so that the air space within the units can be sold to vatious homeowners. Walden Patk is currently being zoned as a Planned Development District and the future land use plan recommends medium density residential for this axea. The Planning and Zoning Commission recommends approval by a vote of 7 in � favor,0 in opposition,and 0 abstaining. Respectfullq Submitted, � i _"� Ken Ef' Director:of Development Services Assistant to the City Manager ;�'�Ger'G�.�► Dou las K.Leslie City Manager � . BILL NO. 08-199 ORDINANCE NO. '� AN ORDINANCE APPROVING THE RECORD FLAT OF WALDEN PARK CONDOMINIUMS - TREMONT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOUR.I, AS FOLLOWS : ARTICLE l . The record plat of Walden Park Condominiums - Tremont, being all of Lot 7 of Walden Park Phase I - Amended, located in Section 23 , Township 31 North, Range 13 East, in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, submitted by Walden Park Village, LLC, bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated December 10, 2008 , 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. 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CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Lettez No. 08-262 Agenda December 15,2008 The Honoxable Mayor And Members of the City Council City of Cape Girardeau,Missouri Dear Mapor and Council Members: RE: W�II.DEN PARB PHASE I—AMENDED RECORD PLAT The ownex of the property known as Walden Park has submitted an amended record plat.This subdivision was originally pla.tted before the area was annexed into the city.The developer has made some adjustments in severallot lines and has submitted an amended pla.t to be approved by the city. Since all of the conditions addxessed by planning staff have already been met,the Planning and Zoning Commission recommends approval by a vote of 7 in favor,0 in opposition,and 0 abstaining. � Respect£ullp Submitted, �� . ��`'� Ken Efttnk Director of Developrnent Services Assistant to the Ciry Manager .� �e� Douglas K.Leslie City Manager � BILL NO. 08-200 ORDINANCE NO. � AN ORDINANCE APPROVING THE RECORD PLAT OF WALDEN PARK PHASE 1 - AMENDED BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAFE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The record plat of Walden Park Phase 1 - Amended, being that part of Section 23, Township 31 North, Range 13 East, in the City of Cape Girardeau, County of Cape Girardeau, State of Missouri, submitted by RiverWest Partners, LC, A. G. Jones Properties, LLC, Quantus Development, LLC, and Walden Park Village, LLC, bearing the certification of Wayne Koehler, a Registered Land Surveyor, dated November 19, 2008, 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 Jay B. Knudtson, Mayor ATTEST: Gayle L. 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'� :� �::� ,� *,,.'^' A` , 4c � ,,. a . � � �` s,�'� "r'�i`�T` .,d W � 1''�'.YZ 5 � �� , �_ ;_,�,,��,�,� e�� a�� '�,rs,a � a�„ �_ ,�a } r.� ��f� Y 5.:�� i.: � �y�,'.� fr.� -:�,w'��Vs� ..� �g��s��4r�`:.�',. �j ��>�' W , �:� " �'s �+s �'S"Y.� . t� ��.�'��,'�t-«�' � �. ��.�t i - CITY OF CAPE GIRARDEAU,MISSOURI � Office of the Ci Mana er �Y g Council Letter No. Og-2 Agenda Januaty 5,2009 The Honorable Mayo� And Members of the City Council City of Cape Girardeau,Missouri Dear Mayor and Council Members: SUBJECT: An Ordinance Accepting Fee Simple Interest and Temporary Construction Easements From Various Property Owners for the Fountain Street II Improvement This Ordinance accepts fee simple interest and temporaty construction easements fYom CLILA,LP and Michael P•ryor for property and easements needed for the Fountain Street II impxovement The Fountain Street II project will extend Fountain Street from Morgan Oak north to William Street. This improvement project is a Transportation Trust Fund 3 pxoject. � It is recommended that the Council give fixst reading consideration of the atta.ched oxdinance authorizing staff to accept the fee simple interest and easements for this improvement pxoject. Respectfully Submitted, �!�►'l ��¢�� Ken Eftink Directox of Development Sexvices � � � �� Douglas K.Leslie City Manager � �� ------------ -----_-� - ---- W�� ' ;--'i-------- � ' I (-" - � I � � � �. � ' � I ! �_ � I � � p 1 1 �1 � 1 " � . . . I �.f � 1 � �� . . � � � ' � T � � - � _- _.�J � . � � I F-- - -._. �. _ _.� , � ' I , � I , , � _ _. � I � ' , , , f � ' �- _ _ ' 1 , ._ � I I ' , , ' _ J ' � ' � i � � - - i � -�- - � � + � , . � � � �Ti�.s �Y ;��. , , � � I I ` . , , , � � � -� +- �Pre,v►�s ' � ' � ' r� ------- � � -- . ' � � ----_ � � � _ � � � - _� � � ---------- ---, ------------------ Z __� - C � - --�--�_'_"----�' ! GOOD HOPE STREE? m ' ------- � —-, - ' f � � , � � f ------------ , , � , � , .. � I � ► � __� , , , , � I I o � - - _ _ .� _ � , � , � � � r _ 1 ' ' a _ _ - - f � Z r t —"— — _ _ ' 1 � i � � � � � +' ' � I � � � ' � + � � � ' ' _� , , � ' � � _, � - � , , , . , ' _ J� - .T - �- -�. , � I I j � � � I � ': � �- � �." I __ ,; ,O ; , , ---- �-- ' I j � -------- -`=_----=-- - -L-._� . _ , __ � Q ` `-_=--- -=-�-anr..m �--- ---- __ - ------_----_- --r__ -- M� - - _ -•�_.z� �_ - ' ----------------R��OAK SfREEI'' < --- -------- I I �-- _��-- _ __---�_ _ �`_�-------_ ? � I � V, .:�'� �. ---- ----- � _ ' ,r. � - .� .. '`. � � � � , � REVfEW COPY:November 21 2006 NOT FOR CONSTRUCTION � k FOUHTNNSTREETEXTENSpN wxrmw:W� suE�v. su�- �-..J �; CAPE qRARDEAU.MISSOURI ' +�m�r oTm�(i'n��/'yw �^=� �� SJ1��,�*J�a.y�/vO. �mM N� ? �aac M s o[erscxe ,J�✓ wwonu:aFwr...� � o� PROPpSEa FOUNTAIN STREET .o�.�.�c..c, : _ wcwa+.�. Q3� . . oA+ar ne�1 ww. — w�t BILL NO. 09-01 ORDINANCE NO. � AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE FOUNTAIN STREET II IMPROVEMENTS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,MISSOURI, AS FOLLOWS: ARTICLE 1. The City of Cape Girardeau,Missouri hereby accepts fee simple interest executed by CLILA,LP,conveying property to the City of Cape Girardeau,Missouri for the Fountain Street II improvements,more particularly described as follows,to-wit: All that part of the West one-third(1/3) of Lot No.Twenty-nine (29)in Range "H"in the City of Cape Girardeau,Missouri,described as follows: From a point marking the Southwest corner of said Lot 29,and the Point of Beginning,measure S83°51'E a distance of 59.90 feet,to a'/2"re-bar; thence,N06°10'E a distance of 51.8 feet,to a point;thence,N45°51'W a distance of 12.2 feet,to a point;thence,N14°53'W a distance of 56.90 feet,more or less,to a point on the North line of said Lot 29;thence,N83°47'W along the north line thereof,a distance of 30.00 feet,to a point marking the northwest corner thereof;thence,S06°06'W along the west line of said Lot 29,a distance of 112.4 feet,more or less, to the Point of Beginning,containing 0.129 acres,more or less. And Also � All of that part of Lot 33 of Range"H"in the City of Cape Girardeau, Cape Girardeau County, Missouri, described as follows:From the Northeast corner of said lot 33 and the Point of Beginning measure N 83°48'W along the southerly right-of-way line of Good Hope Street a distance of 44.1 feet;thence,S 06°10'W a distance of 5.6 feet;thence, S 83°29'E a distance of 34.1 feet;thence,S 71°38'E a distance of 10.2 feet to the e�sting Westerly right-of-way line of Fountain Street; thence,N 06°05'E along said right-of-way line a distance of 8.0 feet to the Point of Beginning and containing 0.01 acre (264 square feet), said acreage being subject to easements and rights-of-way. And Also All of that part of Lot 36 of Range"H"in the City of Cape Girardeau, Cape Girardeau County, Missouri,described as follows: From the Southeast corner of said lot 36 and the Point of Beginning measure N 06°05'E along the e�risting Westerly right-of-way line of Fountain Street a distance of 17.1 feet;thence,S 67°02'W a distance of 35.0 feet to the Northerly right-of-way line of Morgan Oak Street;thence,S 83°43'E along said right-of-way line a distance of 30.6 feet to the Point of Beginning and contauiing 0.01 acre (260 square feet),said acreage being subject to easements and rights-of-way. ARTICLE 2. The City of Cape Girardeau,Missouri hereby accepts a Temporary Construction Easement executed by CLILA,LP,conveying an easement to the City of Cape Girardeau,Missouri for the Fountain Street II improvements,more particularly described as follows, to-wit: All of that part of Lots 33,34,35,and 36 of Range"H"in the City of Cape Girardeau, Cape � Girardeau County,Missouri,described as follows: From the Southeast corner of said lot 36 measure N 06°05'E along the Westerly right-of-way line of Fountain Street a distance of 17.1 feet to the Point of Beginning of a temporary construction easement;thence,continue N06°05'E along said right-of-way line a distance of 11.4 feet;thence,S Page 1 of 3 67°02'W a distance of 58.4 feet to the Northerly right-of-way of Morgan Oak Street;thence,S 83°43'E along said right-of-way line a distance of 20.5 feet;thence,N 67°02'E a distance of 35.0 feet to the Point of Beginning with the above described easement containing 0.01 acre (464 square feet). � And Also From the Northeast corner of Lot 33 measure S 06°05'W along the e�risting Westerly right-of-way line of Fountain Street a distance of 5.8 feet to the Point of Beginning of a temporary construction easement said easement being a strip of land, 10.0 feet in width,coincident to,adjoining with and lying on the Westerly side of the following described line;thence,S 06°05'W along the e�usting Westerly right-of-way line of Fountain Street a distance of 331.5 feet to the North line of Lot 36 and there ternunating with tlie area of the above described easement being 0.08 acre. And Also A temporary construcrion easement across a part of the West forty(40.0) feet of the East eighty (80.0) feet of Lot No.Twenty-nine(29) in Range"H"in the City of Cape Girardeau,Missouri, described as follows: from a point marking the Southeast corner of said Lot 29,measure N83°46'W a distance of 40.0 feet,to a'/2"re-bar and the Point of Beginning;thence,N59°42'W a distance of 34.9 feet,to a point; thence,N45°51'W a distance of 10.50 feet, to a point;thence,N06°16'E a distance of 12.7 feet, to a point;thence,S45°51'E a distance of 17.1 feet,to a point;thence,S59°42'E a distance of 29.2 feet,to a point;thence,S06°11'W a distance of 11.0 feet, to the Point of Beginning,containing 0.011 acres, more or less. And Also All that part of Lot No. twenty-nine (29) in Range"H"in the City of Cape Girardeau,Missouri, � described as follows: from a point marking the Southwest corner of said Lot 29,measure S83°51'E a distance of 59.90 feet,to a '/2"re-bar;thence S83°35'E a distance of 39.9 feet, to a'/z"re-bar; thence,N06°16'E a distance of 20.7 feet, to the Point of Beginning;thence,N45°51"W a distance of 50.7 feet, to a point; thence,N06°10'E a distance of 12.7 feet,to a point; thence,S45°51"E a distance of 50.7 feet, to a point;thence,S06°16'W a distance of 12.7 feet, to the Point of Beginning, containing 0.012 acres,more or less. And Also A part of the West one-third (1/3) of Lot No.Twenty-nine (29) in Range"H"in the City of Cape Girardeau,Missouri, described as follows: From a point marking the Southwest corner of said Lot 29,measure S83°51'E a distance of 59.90 feet,to a'/2"re-bar;thence,N06°10'E a distance of 51.8 feet, to the Point of Beginning;thence,N45°51'W a distance of 12.2 feet, to a point;thence, N14°53'W a distance of 56.9 feet,more or less, to a point on the north line of said Lot 29;thence, S83°47'E along the north line thereof,a distance of 21.5 feet, to a point;thence,S06°10'W a distance of 28.10 feet, to a point; thence,S14°53'E a distance of 20.20 feet, to a point;thence, S45°51'E a distance of 1.6 feet, to a point;thence,S06°10'W a distance of 12.7 feet, to the Point of Beginning, containing 0.017 acres,moYe or less. ARTICLE 3. The City of Cape Girardeau,Missouri hereby accepts fee simple interest executed by Michael Pryor,conveying property to the City of Cape Girardeau,Missouri for the Fountain Street II improvements,more particularly described as follows, to-wit: All of that part of Lot 36 of Range "G"in the City of Cape Girardeau,Cape Girardeau County, � Missouri,described as follows: Page 2 of 3 From the Southeast corner of said lot 36 and the Point of Beginning measure N 06°11'E along the e�usting Westerly right-of-way line of Fountain Street a distance of 8.0 feet;thence,S 83°02'W a w distance of 9.0 feet;thence,N 84°04'W a distance of 35.1 feet;thence,S 06°31'W a distance of 6.0 �� feet to the Northerly right-of-way of Good Hope Street;thence,S 84°03'E along said right-of-way line a distance of 43.9 feet to the Point of Beginning and containing 0.01 acre (271 square feet). ARTICLE 4. The City of Cape Girardeau,Missouri hereby accepts a Temporary Construction Easement executed by Michael Pryor,conveying an easement to the City of Cape Girardeau,Missouri for the Fountain Street II improvements,more particularly described as follows,to-wit: All of that part of Lot 36 of Range"G"in the City of Cape Girardeau,Cape Girardeau County, Missouri,described as follows: From the Northeast corner of said lot 36 and the Point of Beginning of a temporary construction easement measure N 84°09'W along the North line of said lot 36 a distance of 8.4 feet;thence, departing said North line S 04°15'E a distance of 46.1 feet to the existing Westerly right-of-way line of Fountain Street;thence,N 06°11'E along said right-of-way line a distance of 45.4 feet to the Point of Beginning with the area of the above described easement being 0.01 acre (187 square feet). ARTICLE 5. The City of Cape Girardeau,Missouri hereby accepts a Temporary Construction Easement executed by Southeast Missouri State University,conveying an easement to the City of Cape Girardeau,Missouri for the Fountain Street II improvements,more particularly described as follows,to-wit: All of that part of Lot 26 of Range"I"in the City of Cape Girardeau, Cape Girardeau County, Missouri,described as follows: From the Northwest corner of said lot 26 measure S 06°14'W a distance of 20.0 feet to the e�sting Northerly right-of-way line of Morgan Oak Street;thence,S 83°40'E along said right-of-way line a distance of 170.5 feet to the Point of Beginning of a temporary construction easement; said � easement being a strip of land, 10.0 feet in width,coincident to,adjoining with and lying on the [ ;� Southerly and Easterly side of the following described line;thence,along a curve to the left having a radius of 90.0 feet,a Chord length of 127.2 feet,and a Chord bearing of S 48°53'W,and arc distance of 141.3 feet to a point on the existing Eastexly right-of-way line of Fountain Street and there terminating with the area of above described easement being 0.03 acre. ARTICLE 6. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF ,2009. Jay B. Knudtson Mayor ATTEST: Gayle L. Conrad Ciry Clerk � Page 3 of 3 CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Lettex No. 09�� Agenda January 5,2009 The Honorable Iblayox And Membexs of the City Council Ciry of Cape Girardeau,Missouri Dear Mayor and Council Membexs: RE: Request for a Rezoning of Property at 126 Airport Road It is the request of NAB Automation Inc. to xezone the pxopexty located at 126 Airport Road from R-1 (Single-Family Residential) District to M-1 (Light Industrial) District. This property was xecendy annexed into the city.The applicant is seeking rezoning so that they can operate their business,NAB Automation,in compliance with the city zoning ordinance. The future land use plan recommends light industrial uses for this property.The Planning and Zoning Commission xecommended appxoval by a vote of 6 in favor,0 in � opposition,and 1 abstaining. Respectfully Submitted, �-/'K_ Ken Eftink Director of Development Services Assistant to the City Manager ,CG��2� � Douglas K.Leslie Ciry Manager � BILL NO. 09-08 ORDINANCE NO. � AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, BY CHANGING THE ZONING OF PROPERTY LOCATED AT 126 AIRPORT ROAD IN THE CITY OF CAPE GIR.ARDEAU, MISSOURI FROM R-1 TO M-1 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 R-1, Single-Family dwelling district, to M-1, Light Industrial District; and WHEREAS, Public Notice of such change was given as prescribed in Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and public hearing was held on Monday, January 5, 2009; and WHEREAS, the City Council of the City of Cape Girardeau, Missouri, has elected to rezone the property described in Article 1 from R-1, Single-Family Dwelling District, to M-1, � Light Industrial District; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOW5 : ARTICLE 1 . Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-1, Single-Family Dwelling District to M-1, Light Industrial District, for the following described property: Part of the West One Half of the Southeast Quarter, Section 26, Township 30 North, Range 13 East, Fifth Principal Meridian, County of Scott, State of Missouri, described as follows : Start at the southwest corner of the Southeast Quarter of said Section 26, being at the intersection of the centerline of Little River Drainage District ditches No. 1 and No. 4A; thence N 0° 25 ' E, with the north- south quarter section line and the center line of said Ditch No. 4A, 50 . 0 feet to the north line of said Ditch No. l; thence S 88° 52 ' E, parallel with and 50 � feet north of the south line of said Section 26 and along the north line of said Ditch No. 1, 50 . 0 feet to the east line of said Ditch No. 4A; marked by a 6" x � 6" concrete monument; thence N 00° 25 ' E, parallel with and 50 feet east of the north-south quarter section line and along the east line of said Ditch No. 4A, 1461 . 66 feet; thence S 88° 52 ' E, parallel with the south line of Section 26, 533 . 86 feet to a �# dia. metal rod, for the point of beginning; thence continue S 88° 52 ' E, parallel to the south line of said Section 26, 200 . 0 feet to a 1 ' 2" dia. metal rod on the West line of the Outer Road to the Cape Girardeau Municipal Airport; thence Southeasterly with said west line and with a spiral transition curve to the left with a k value of 1° 55 ' , (chord S 36° 53 ' E) , 240 . 0 feet to a 1/2" dia. metal rod; thence S 53° 07 ' W, 98 . 9 feet to a 1 ' 2" dia. metal rod; thence N 88° 52 ' W, parallel with the south line of said Section 26, 269 . 9 feet to a ;�" dia. metal rod; thence N 1° 08 ' E, 250 . 0 feet to the point of beginning and containing 1. 62 acres, more or less . Article 2. The City Council hereby finds and declares that the property described in Article 1 hereof is at the present time particularly suitable for the purposes and uses of an M-1, Light Industrial District, and that such changes authorized � hereby are reasonable and in reasonable conformity with the existing uses and value of the immediately surrounding properties . Article 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 20 Jay B . Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Mana.ger Council Letter No. 09-4 Agenda.January 5,2009 The Honoxable Mayox And Membexs of the City Council City of Cape Gira.rdeau,Missouri Dear Mayox and Council Members: RE: Reques"t for a Rezoning of the Northeast Corner of Hopper and Mount Auburn Roads It is the request of Thomas Armbrustex and M.Juan Crites to rezone the pxoperty located on the Northeast corner of Hopper Road and Mount Auburn from G1 (Local Commexcial)District and R-4 (Multi-Family Residential) District to the G1 (Local Commercial) District. The futuxe land use plan recommends mu�ed uses for this property.The Planning and Zoning Commission recommended appxoval by a vote of 7 in favor,0 in opposition, � and 0 abstaining. Respectfully Submitted, �.�`'t G�� Ken Eftink Director of Development Services Assistant to the City Manager /"`"C�!r!N' Douglas K. Leslie � City Managex � BILL NO. 09-11 ORDINANCE NO. � AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF PROPERTY LOCATED AT THE NORTHEAST CORNER OF MT. AUBURN ROAD AND HOPPER ROAD FROM C-1, LOCAL COMMERCIAL DISTRICT, AND R-4 , MULTI-FAMILY DWELLING DISTRICT, TO C-1, LOCAL COMMERCIAL DISTRICT, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, the City Planning and Zoning Commission has recommended rezoning all of the property described in Article 1 of this ordinance from C-1, Local Commercial District and R-4 , Multi-Family Dwelling District, to C-1, Local 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, January 5, 2009, 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, and R-4 , Multi- Family Dwelling District, to C-1, Local Commercial District; and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, 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, and R-4 , Multi-Family Dwelling District, to C-1, Local Commercial District, for the following described property: Tract I Part of Outlot No. 78A, U. S . Private Survey No. 2199, and part of the northeast fractional quarter of fractional Section 35, both of Township 31 North, Range 13 East, City and County of Cape Girardeau, State of Missouri, described as follows : � 1 Begin at the intersection of the south line of said Outlot No. 78A and the east line of Mt . Auburn Road, � thence N 6� 19' E, with said east line of Mt . Auburn Road, 136 . 1 feet to the point of curve of a 4� 45' curve to the left; thence northerly with said east line and 4� 45' curve, 189 . 1 feet to the point of tangent of said 4° 45' curve; thence N 2� 39' W, with said east line 424 . 8 feet; thence S 82� 13 ' E, 460 . 0 feet; thence S . 2° 54' E, 754 . 7 feet to the south line of Outlot No. 78A; thence N 82° 13 ' W, with said south line 500 . 0 feet to the point of beginning and containing 7 . 9643 acres and subject to any right of way of Hopper Road as same is situated on above described tract . Tract II Part of Out Lot 78-A in U. S . Survey 2199 in the County and City of Cape Girardeau, Missouri, more particularly described as follows : Beginning at an Iron Pin marking the Southwest corner of a tract of land owned by the Missouri Conservation Commission as recorded in Book 710 on Page 805 in the Cape Girardeau County Office of the Recorder in � Jackson, Missouri, said corner being in the North line of Hopper Road, said corner also having M. S . P.C. of N: 543154 . 22 (ft) E: 10905011 . 85 (ft) ; thence along the West line of said tract South 04 degrees, 34 minutes, 11 seconds East, 38 . 16 feet to a point on the South line of Outlot 78-A; thence along said South line, North 83 degrees, 09 minutes, 37 seconds West, 148 . 98 feet to a point; thence leaving said South line, North 05 degrees, 38 minutes, 19 seconds East, 66 . 17 feet to a point; thence North 53 degrees, 31 minutes, 16 seconds East, 158 . 22 feet to the East line of a tract of land owned by Joseph and Mary Armbruster as recorded in Book 485 on Page 67 in the Cape Girardeau County Office of the Recorder in Jackson, Missouri; thence along said East line, South 04 degrees, 34 minutes, 11 seconds East, 140 . 02 feet to the point of beginning, subject to existing easements and right-of- way. 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 a C-1, � j ��✓ 2 Local 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 . PASSED AND APPROVED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � � 3 CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter No. 09-5 � -January 5,2009- The Honorable Mayar and Members of the City Council City of Cape Girardeau,Missouri Subject: Grant Agreement with the Missouri Highways and Transportation Cornmission,Project No. 06-077A-1 Dear Mayor and Council Members: The reference grant agreement was presented to City Council at the December 15,2008 Council Meeting as a resolution,rather than an ordinance,as required by the Missouri Department of Transportation (MoDOT). This letter presents the same grant agreement,for your approval,as an ordinance. On January 18,2005,the Airport submitted a grant application to MoDOT for a total potential expenditure of$850,000. That application included funding for a variety of land tracts the airport has an interest in purchasing. The land detailed in the application is to be used for the purpose of expansion and air space protection,as noted in the August,2003 Airport Master Plan. One of the tracts noted in that application was Tract 17,a 12638 acre tract,which borders the Northwest quadrant of our airfield property. Previously known.as a portion of the Cohen Trust,on December 20, � 2005,the airport was able to negotiate the purchase of the northern half of that tract,which comprises approximately 60.76 acres(exhibit attached). T'he total cost of that purchase was for$242,672. Because MoDOT will reimburse the City based on 90%of the fair market value for the purchased tract, the City contracted with Crawford,Murphy,and Tilly,Ina(CMT),to complete the administrative services and land appraisal,necessary to determine the fair market value. The attached$235,600 grant agreement is the result of that appraisal,indicating a value of$225,000 reimbursement for the land and $10,600 reimbursement,for the administrative services contract with CMT. Considering the City's 10% local match of$23,560,the total reimbursement back to the City is for$212,040. It is recommended that the City Council approve the attached ordinance authorizing the City of Cape Girardeau to enter into an airport aid ageement with the Missouri Highways and Transportation Commission to accept a gant of$212,040 for the purpose of reimbursing the City for the land acquisition of a portion of Tract 17 at the Cape Girardeau Regional Airport. Respectfully submitted G✓ - ruce W.Loy Airport Manager � �� G�� Doug as K.Leslie City Manager BILL NO. 09-09 ORDINANCE NO. � AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT AID AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSE OF A�CEPTING A GRANT FOR LAND ACQUISITION AT THE CAPE GIR.ARDEAU REGIONAL AIRPORT BE IT ORDAINED 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 Aid Agreement with the Missouri Highways and Transportation Commission for the purpose of accepting a grant for land acquisition at the Cape Girardeau Regional Airport . A copy of said Agreement is attached to this Ordinance and made a part hereof . ARTICLE 2 . This Ordinance shall be in full force and effect � ten days after its passage and approval . PASSED AND APPROVED THIS nAY OF , 20 Jay B . Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � � . . . . . . . . . . - . •_\ . . . � - . , . . . . . �,_l . CCO Form: AC01 Sponsor City of Cap�Girardeau� � ` �lpproved: 02/94 (ML.H) Project N�. AIR 086-77A1 Revised: 11/08(AMB) Modified: � MISSOURI HIGHWAYS ANU TRANSPORTA7'ION COMMISSION , AIRPORT AID AG.REEMENT - THIS GRANT AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Sponsor"). . WITNESSETH: WWEREAS, the Sponsor has applied to the Commission for a grant of funds under§305.230 RSMo; and WHEREAS, the Commission has agreed to award funds available under §305.230 RSMo to the Sponsor with the undecstanding that such funds will be used for a project pursuant to this Agreemenf for fhe purposes generally described in the � Sponsor's gran# application/request dated December 5, 2005, and specifically described as follows: Land acquisition (Tract 17) NOW, THEREFORE, in consider.ation of the mutual covenants, promises, and representations in this /�greement, �he parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to provide financial assistanc� to the Sponsor under§345.230 RSMo: , (2) AMOUNT OF GRANT: 7he amount of this grant is Two Hundred Twelve Thousand Forty dollars ($242,Q40.00); provided, however, that in the event state funds available to the Commission under §305,230 RSMo are reduced so that tfie Commission is incapable of.cOmpletely satisfying its obligations to all the Sponsocs for the curreRt state fiscal year, the Commission may recompute and reduce this grant. The designation of this grant does not crea#e a lump sum quantity contract, but rath�r only represents the amQunt of funciing available for qualifying expenses. (n no event wiU the Commission provide the Sponsor. .funding fnr ienprovements or.work thaf are not acfually performed. The releas�e of.all funding.under this Agreement is subject to Feview and approval of all pcoject expenses to ensure tk�af they are qaalifying expenses under ' this progcam. (3) AMOUNT OF�MATCMIN� fUt�DS: The amount of local matching funds, � - . andlor other resources; to be fumished by the Sponsor is Twenty-three Thousand Fiv� ^' dollars 23 560:0(} . The S onsor vyarrants to the Commission that i� � � -� Hundred Si�cty ($ , ) R . . -1- . . . � � " st�fficient ca�h on deposit, or other readily available resources, to provide the locai matching fur�ds to complete the project: (4) PROJECT TtME PERIDD: The project perioct sha11 be from the date of execution of this Agreement by the Commission to March 31, 2009. The Comm'ission's representative may, in wri#ing, extend the project time period for good cause as shown by the Sponsor. The grant funds in paragraph (2) not expended or duly obligated during the project time period shall be released for use in othe� projects under §305.230 RSMo. (5) TITLE EVfDENCE TO EXISTING AIRPORT FRQFERTY: By signir�g this Agreement, the Sponsor certifies that if holds satisfactory evidence of title to all existing airport property and avigation easements. (6) CONTROL OF AIRPORT: The Sponsor agrees to continue to control the airport, either as owner or as lessee, for 50 years following receipt of the last payment from this grant. Applicable agreement periods are as follows: (A) Land interests - Fifty (50) years. (B) lmprovements - Useful life, as determined by the Commission. (7) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right � to amend or withdraw this grant offer at any time prior to acceptance by fhe Sponsor. (8) PAYMENT: Payments to the Sponsor are made on an advance basis. The Sponsor may request incremental payments during the course of a project or a lump sum payment upon completion of the work. However, this advance payment is subject to the limitations imposed by paragraph (8)(B) of this Agreement. (A) The Sponsor may request payment at any time subsequent to �he execution of this Agreement by both parties. Requests for reimbursement shall be supported with invoices. After the Sponsor pays incurred costs, copies of checks used to pay providers must be submitted to the Comrnission. (B) It is understood and agreed by and between the parties that th� - Commission shall make no payment which could cause the aggregate of aA payments under this Agreement to exceed ninety percent (90%} of the maximum state (Aviation . .Trust Fund) obligation stated in this Agreement or eighty-one p.ercent (8�1%) af actual total eligible project cost, whichever is lower, until the Sponsor has met andlor performed all requirements of this grant Agreement to the satisfaction ofi the Cornmission: � (C) Within ninety (90) days of finaf inspection of the project #unded urtder this grant, the Sponsor shall provide to the Commission a frnal payment request � -2 l T � ' � . . _,..,\ . . . . . . . �� and all finar�ciaf performance and other reports as required by the conditions of this grant. (D) When land dona#ions are used, the casts for land may be submitted with ar� appraisal prepared by a MoDOT-certified appraiser. All donations must be preapproved by the Commission to ensure eligibility for funding. (E) If the Commission determines that the Sponsor was ovsrpaid, the amount of overpayment shall be remitted to the Commission. (9) AUDIT OF aECORDS: The Sponsor must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, et�. These records must be available at alt reasonable times at no charge to the Commission and/or its designees or represen�atives during the period of this Agreement and any exten�ion thereof, and for three (3) years from the date of final payment made under this Agreement. (10) FINANCIAL SUMMARY: Upon request of the Commission, the Sponsor shall provide to the Gommission a �nanciat summary of the total funds expended. The summary must show the source of funds and the specific items for which they were � expended. � (11) NONDISCRIMINATIQN CLAUSE: The Sponsor shalf comply with all state and federal statutes applicable to the Sponsor relating to nondiscrimination, ineluding, but not limited to, Chapter 213, RSMo; T'itle VI and Tifle VII of the Civil Rights Act of 1964 as amended (42 U.S.C. §2000d and §2000e, et seq.); and with any provision of the "Americans with Disabili#ies Act" (42 U.S.C. §12101, et seq.). (12) CANCELLATFON: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the Sponsor wi#h written notice of cancellation. Should the Commission execcise its right tQ cancel tfiis Agreement for such reasons, cancellation. will become effective upon the date specified in the notice of cancellation sent to the Sponsor. (13) l.ACK OF PROGRESS: Any lack of progress which significantly endangers substantial performance of the projec# within the specified time shall be deemed a violation of the terms of this Agreemenf. The defermination of laek of p.rogress shaN be solely wi#hin the discretion of the eommission. The Commission shall. notify the Sponsor in writing once such a determination is mad.e. . (14) VENUE: It is agreed by the parties that any action at law; suit in equity, or other judicial proceeding to enforce oc construe this Agreement, or regarding its alleged breach, shall be instifuted only in #he Circuit Court of Cole County, Missquri. :� ( 'a . - ._ -3- _ � (15) LAW OF MISSQURI TO GOVERN: This Agreement shall be construed according to the faws �f the State of Missouri. The Sponsor shalt compiy with all local, state and federal laws and regulations relating to the pe�formance of this Agreement. (16) WORK PRODUCT: Ali documents, reports, exhibits, etc: produced by the Sponsor at the direction of the CommFssion and information suppiied by the Commission shall remain the property of the Commission. (17) GONFIDENTIAUTY: The Sponsor shall not disclase to third parties confidential factual matters provided by the Commission except as may be required by statute, ordinance or order of court, or as authorized by the Commission. The Sp�nsor shall notffy the Commission immediately of any request for such information. (18) NONSOLICITATION: The Sponsor warrants that it has not employed or retained any company or person, other than a bana fide employee wocking for the Sponsor, to solicit or secure this Agreement, and that it has not paid o� agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent 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 wifhout liability, or in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent i � fee. �„ri► (19) DiSPUTES: Any disputes that arise under this Agreement shall be decided by the Commission or its representative_ (20) INDEMNIFICATION: To the extent allowed by law, the Sponsor shall defend, indemnify and hold harmless the Commission; including its members and department employees, from any claim or tiability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Sponsar's performance of its obligations under this Agreement. (21) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify tlie Commission of any change in conditions o� law which may significantly affect its ability to perform the project in aecordance.with the pro�risions of this Agreement. (22) AMENDMENTS: Any �hange in this Agreement, whether by modification or supplementation, must be accomptished by a formal contfact amendment signed and approved by the duly authorized representatives of the Sponsor and the Commission. (23) PROFESSIONAL SERVICES. BY COMPETITIV� PROPO.SALS: Gontrac#s for architectural, engineering and/or land surveying serVice.s, as defned in section 8.287 RSMo, shall be procured by competitive proposals, and the p�ocurement process shall comply with sections 8.285-8.291 RSMo. � -4- . � ^ \ \_�' (24) ASSI�NMENT: The Sponsor shall not'assign, transfer or delegate any interest in this Agreement without the prior written conse�f of the Commission. . (25) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the Sponsor, whether volur�tarily, or upon fhe appointment of a receiver, trustee, or assignee, for the benefit of creditors, the Commission reserves the right and , sole discretion to either cancel this Agreement or affirm this Agreement and hold #he Sponsor responsible for damages. (26) COMMISSION REPRESENTATI:VE: The Commission's chief engineer is . designated as the Commission's .representative for the purpose of adminis#ering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (27) SAFETY INSPECTION: The Sponsor shall eliminate all deficiencies identified in its most recent safety inspection letter. If immediate elimination is not feasible, as determined by the Commission, the Sponsor shall provide a satisfactory plan to eliminate the deficiencies. � (28) LAND INTERESTS: When grant funds are used to pay for land or aviation easements, the following requirements apply: (A) Acquisition of Land - Fee Simple Title: The Sponsor shall obtain a qualified attorney's title opinion to assure the Sponsor receives fee simple title, free and clear of any encumbrance fhat couid adversely affect the operation, maintenance or development of the airport. The attorney's fitle opinion shall be furnished by the Sponsor to the Commission for review. The Spansor shall acquire the properky in fee simple absolute by general warranty deed from the grantors. A copy of the deect shall be furnished to th� Commission for review. The Sponsor shall record the deed in the land records of the county recorder's office in the county where the.airport is located. (B) Acquisiti.or� of Aviqatio� Easements: The Sponsor shall obtain a qualified attomey's titfe opinion to assure that the Sponsor has obtained the required intere�t in and to the easements to be acquired, free and clear o# any encumbranees � that would be incompatible witM or would interfere witfi the exercise and enjoyment by the Sponsor of the rights and interests conveyed, and that the grantors of easements constEtuted all of the owne�s of the land affected by the easements. (C) Land Cost Rei►nbursement bv Federal G.overnment Use as Local Share Only: Since if is the intenf of the state of M�ssouri�that funds provided under this � Agreement be used only for aeronautical purposes, the Sponsor hereby covenar�ts.and _ t '� ' agrees that it will not request reimbursement fram the United Stat�s Governmen#for the . �. .`) cost of land acquired with the funds grante d un der t his Agreemen t; provi de d, hawever; -- -5- � that nothing in this paragraph shall be construed to prevent the Sponsor from using all or any part of the acquisition cost of this land to make up its share of eligible project costs incurred under any airport development grant from the United States Govemment. (D) Aeronautical Use: If land interests are not used for aeronautical purposes within five (5) yea�s, the Sponsor shall at the request of �he Commission re#urn the full amount of those grant funds used to purchase the land interests. The Sponsor may request an extension of this time period in writing to the Commission. (29) AIRPORT USE: The Sponsor agrees to operate the airport for the use and benefit of the public. The Sponsor further agrees that i�will keep the airport open to all t�pes, kinds, and classes of aeronautical use on fair and reasonabFe terms without discrimination between such t}rpes, kinds and classes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Commission. Otherwise, at no time shall the airport be closed to accommodate a non- aeronauticaf event or activity. (30) SAFE OPERATION OF AIRFORT: The Sponsor agrees to operate and maintain in a safe and serviceable condition the airport and all connected facitifies which are necessary to serve the aeronautical users of the airport other than facilities owned or controlled by the United States. The Sponsor further agrees that it will not permit any activity on the airport's grounds that would interfere with its safe use for airport � purposes. Nothing contained in this Agreement shall be construed to require that the , airport be operated for aeronautical uses during temporary periods when snow, ice, or other climatic conditions interfere with safe operations. (31) RESFONSIBILITY FOR PROJECT SAFETY: During the full term of the project, the Sponsor shall be responsible for the installation of any signs, markers, or other devices required for the safety of the public. All markers or devices required on the airport will conform to Federal Aviation Administration (hereinafter, �FAA") cegulations or specifications that may apply. The Sponsor shall issue, through the applicatile FAA Flight Service Station, any and all NotFces to Airmen that may be required. (32) ENGFNEER'S DESIGN REPORT: Prior to development of the plans and specifications, the Sponsoc shall provide an engineer's report setting forth the general analysis and explanation of reasons for design choices. Said report shaA include an itemized cost estimate, design computations, reasons for selections and modifications, comparison of alternatives, life cycle cost analysis, geotechnieal report and an� other elements that support the engineer's final plans and specifications. (33) GEOMETRIC DESIG.N CRITERIA: The Sponsor shall use the geometric design crit�ria promulgated by the FAA in the AC series and in FAA Orders. The Sponsor may request and receive approval for adaptation of said criteria where the Commission concurs that such adaptation is appcopriate considering safety, econor�y � and efficiency of operation. . � � . � � .�. (34) PLANS, SPECIFICATtONS AND ESTlMATES: Tt�e plans and eonstn.�ction specifications for this project shall be those promulgated by the FAA in the AC series and in FAA Orders. (A) The plans shall include a safety plan sheet to identify work areas, haul routes, staging areas, restricted areas, construction phasing, shutdown schedule etc., and to specify the requirements to ensu�e safety during consfruction. .; (B) The Sponsor shall submit all plans, specifications and estimates to the Commission for review and acceptance prior to advertising for bids for construction. (35) REVIEW OF BIDS /�ND CONl'RAGT AWARD: The Commission shall review all contractors' bids and approve the selection of the apparent successful bidder prior to the Sponsor awartiing the construction cantract. (36} NOTICE TQ PROCEED: After the Commission receives copies of the executed construction contract between the Sponsor and the contractor, the performance and payment bonds, and any other documentation as required by this Agreement, the Commission will aufhorize the Sponsor to issue a notice to proceed with � construction. (A) The Sponsor shall issue a notice to the contractor within #en (10) � days of authorization by the Commission, unless otherwise approved by the Commission. (B) Any construction work performed prior to the Sponsor's issuance of a Notice to Froceed shall not be eligible for funding participation. (37) CONSTRUCTION OBS.ERVATION/INSPECTION REQUIREMENTS: In conjunct'ron with submittal of the Notice fo Proceed documentation, the Sponsor shall . provide a construction observa#ion/inspection program setting forth a format for accomplishment of resident observation, constructio:n inspection and overall quality assurance. (38) CONSTRUCTION PROGRESS AND INSPECTION REPORTS: The Sponsor shall provide and maintain adequate, competent and qualified engineering supervision and construction inspection at the project site during all stages of the work to ens�sfe that the completed work conforms with the pruject pfans and specifications. Project oversight by the Commission's project rna�ager or other personnel do�s not re�ieve the Sponsor of this responsibility. (A) The Sponsor shall require the resident project representative to keep daily construc6on records and shalf .submit to the Commission a Weel�ly � Construction Pro�ress and Inspection Report (availabfe on MoDOT's aviation section � ��r -7- . . . � w�bsite), completed by the resident project representafrve: A weekiy summary of tests completed shall be included.. (B) Prior to final acceptance, the Sponsor shall provide to the Commission a testing summary report bearing the engineer's seal and including a certification from the er�gineer that the completed pro}ect is in complianee with the plans and specifications. (C) Certification statements from construetion contractors must be provided to ensure all workers, rnaterial suppliers, etc. have been paid. (39) CHANGE ORDERSfSUPPLEMENTAL AGREEMENTS: All ehange orders/supplemental agreemerrts must be submitted to the Commission for approval prior to implementatior� to ensure funding eligibility. Requests for additional work for items not included in the original bid must be accompanied by a cost analysis to substantiate the proposed eosts. (40) RECORD DRAWINGS: The Sponsor shall provide one (1) electronic set of as-built construct'ron drawings on a compact disc in .pdf format copied to a single file (each sheet must be sealed, signed, and dated by the engineer) to the Commission upon project completion. In addition, the Sponsor shall provide six updated Airport Layout Drawings (ALD's) showing as-built conditions, if required. The Commission will � ) forward updated ALDs to the FAA central region office. �✓ (41) FILING I�OTICE OF LANDING AREA PROPOSAL: When a proJect involving changes to the runway will be implemented at an airport, the Sponsor must submit FAA Form 7480-1 ("Notice of Landing Area Proposal") to the FAA not less than one hundred twenty (120) days prior to commencement of any eonstruetion or alteration. A copy of the form as fifed with the FAA and the FAA airspace determination let#er must be provided to the Commission. This form must be submitted for any projects that involve the widening or lengthening of an existing runway or construction o� a new runway. (42) FtL1NG NOTICE OF PRO('OSED CONSTRUCTION OR ALTERATION: When a development project that does not involve changes to the runway will be implemented at an �icport, the Sponsor must electronically submit FAA form 7460-1 ("Notice of Proposed Construction of Alteration") to the FAA not less than one hundred twenty (120) days prior to commencement of any construction or altera#ion. El�ctronic submittal of FAA form 7460-1 must be submitted for construction of any permanent structures on the airport, temporary structures over 20 feet in height or use of construction equipment over 20 feet tall. It is not necessary for routine construction projects, unless they include above ground insfallations. � _ -8- . � ��j ( J : : `�-= FN WITNESS WHEREOF, the parti�s have entered in#o and accepted this Agreement on the last d�te written below. Executed by the Sponsor this day of , 20 Executed by the Commission this day of , 20 MI:SSOURI HIGHWAYS AND TRA�ISPORTATION COMMISSION CITY OF CAPE GIRARDEAU BY Title Title Attest: Attest: � By Secretary to the Comrnission Title Approved as to Form: Approved as to Form: Commissian Counsel Title Ordinanee No. (if applicable) � (___,f -9- � ��:� � , f � . � ��~ ^__� '�� / !�/7[alm - . . �9�� -� _ �_ _ . ��`'`�� ! �� se + ' � � � RL '�y oo � �'�i'1i . � . . •� yes o% . J� .v �q .e .. r.� O�i fae i i� � �� F � . ; -3 8 � �� $:- r �� i� ?� ayi . � :. 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Dear Mayor and Council Members: This Ordinance authorizes the Mayor to execute a Utility Easement to Union Electric Company,a Missouri Corporation,d/b/a Ameren UE. It is a twenty (20) foot wide permanent easement for the recently relocated overhead electric lines along Water Street from a point ' � approximately 500 feet south of Independence Street north to a point approximately 900 feet north of Belleview Street. Plea.se see the attached sketch of the easement location. This electric li.ne xelocation was xequ.ired to make xepairs to the floodwall Downtown. T'he City had worked with Ameren UE and the Corps of Engineers to determine which poles needed to be moved. It was determined during these meetings that Ameren did not have an easement fox the old electric lines in this area and were required to move the poles at their own expense as per the texms of our franchise agreement. Ameren did request that the City gxant them a utility easement for the new power line. Ameren did provide taller poles spaced further apart to improve the appearance of the new line. They also provided for green metal poles that bettex matched the green street lights in the Downtown area. It is recommended that the City Council give fi�st reading considera,tion of the attached ordinance authorizing the Mayox to execute the Easement Respectfially Submitted, , ��2O -�c ��' Ken Eftink Douglas K.Leslie Asst. City Manager/Dixector City Manager of Development Services � � BILL NO. 09- 10 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A UTILITY EASEMENT TO UNION ELECTRIC COMPANY,A MISSOURI CORPORATION,D/B/A AMERENUE,ALONG WATER STREET IN THE CITY OF CAPE GIRARDEAU,MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,MISSOURI, AS FOLLOWS: ARTICLE 1. The Mayor, for and on behalf of the City of Cape Girardeau,Missouri,is hereby authorized to execute a Utility Easement to Union Electric Company,a Missouri corporation,d/b/a AmerenUE for property along the Water Street corridor in the City of Cape Girardeau,Missouri more particularly described as follows: THE EASEMENT IS 20 FEET WIDE ALONG OR NEAR WATER STREET IN THE ORIGINAL TOWN OF CAPE GIRARDEAU, THE CENTERLINE OF SAID EASEMENT IS MORE PARTICULARY DESCRIBED AS FOLLOWS: COMIviENCING AT A POINT AT THE INTERSECTION OF THE EAST LINE OF MAIN STREET WITH THE SOUTH LINE OF BELVIEW STREET (COMNIONLY KNOWN AS BELLEVLJE STREEI�, SAID POINT BEING THE NORTHWEST CORNER OF LOT NO. 3, RANGE E OF THE AFORESAID � ORIGINAL TOWN OF CAPE GIRARDEAU AND FROM WHICH POINT AN CROSS CHISELED IN CONCRETE BEARS NORTH 84°12'18" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 18°09'38" EAST A DISTANCE OF 370.65 FEET TO AN EXISTING POWER POLE; THENCE SOUTH 02°56'39" EAST A DISTANCE OF 17525 FEET TO A POINT ON THE EAST LINE OF LOT NO. 1, RANGE F OF THE AFORESAID ORGINAL TOWN OF CAPE GIRARDEAU, SAID POINT BEING THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE THE FOLLOWING BEARINGS AND DISTANCES TO EXISTING POWER POLES WITH CONCRETE FOUNDATIONS CONSTRUCTED IN THE YEAR 2008: SOUTH 02°56'39" EAST A DISTANCE OF 21.63 FEET; SOUTH 05°13'56" EAST A DISTANCE OF 221.08 FEET; SOUTH 00°04'05" EAST A DISTANCE OF 21298 FEET; SOUTH 04°19'34" WEST A DISTANCE OF 267.29 FEET; SOUTH 07°00'23" WEST A DISTANCE OF 190.22 FEET; SOUTH 07°02'OT' WEST A DISTANCE OF 229.22 FEET; SOUTH 06°58'02" WEST A DISTANCE OF 208.77 FEET; SOUTH 07°04'08" WEST A DISTANCE OF 180.82 FEET; SOUTH 09°55'30" WEST A DISTANCE OF 258.97 FEET;SOUTH 08°54'31"WEST A DISTANCE OF 53.60 FEET TO AN EXISTING POWER POLE, SAID EXISTING POWER POLE BEING THE TERMINATION OF SAID EASEMENT AND FROM WHICH POWER POLE THE AFORESAID CROSS CHISELED IN CONCRETE AT THE SOUTHWEST CORNER OF LOT 1, RANGE E OF THE AFORESAID ORGINAL TOWN OF CAPE GIRARDEAU BEARS NORTH 01°11'S0" WEST A DISTANCE OF 1194.84 FEET. ARTICLE 2. This ordinance will be in full force and effect ten days after its passage and approval. � PASSED AND ADOP'I'ED THIS DAY OF ,2008. �J Jay B. Knudtson,Mayor AT"I'EST: Gayle L. Conrad,Ciry Clerk �..+� �.W/ F' � GIYKGPEYMTFRSfEaFf y_ _ --- EASEMENT KNOW ALL MEN BY THESE PRESENTS, this day of , 2008 that CITY OF CAPE GIRARDEAU, MISSOURI its successors and assigns hereinafter referred to as Grantor, whether one or more and whether an individual, individuals or a corporation, for and in consideration of the sum of � ONE AND 00/100 " '" " DOLLAR ($1.00) and other valuable consideration in hand paid, the receipt of which is hereby acknowledged, does hereby grant unto UNION ELECTRIC COMPANY, a Missouri corporation, d/b/a AmerenUE, its successors, assigns, licensees, agents, lessees, contractors, sub-contractors and tenants (hereinafter referred to as "Grantee"), the perpetual right and easement to construct, reconstruct, use, operate, maintain, add to the number of and patrol an electric or telephone and communication line or lines,or both, consisting of poles, guys, anchors, wires, cables, fixtures, and appurtenances thereto, including transformers, on, over, across, or under the following described land, to-wit: THE EASEMENT IS 20 FEET WIDE ALONG OR NEAR WATER STREET IN THE ORIGINAL TOWN OF CAPE GIRARDEAU, THE CENTERLINE OF SAID EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE INTERSECTION OF THE EAST LINE OF MAIN STREET WITH THE SOUTH LINE OF BELVIEW STREET (COMMONLY KNOWN AS BELLEVUE STREET), SAID POINT BEING THE NORTHWEST CORNER OF LOT NO. 3, RANGE E OF THE AFORESAID ORIGINAL TOWN OF CAPE GIRARDEAU AND FROM WHICH POINT AN CROSS CHISELED IN CONCRETE BEARS NORTH 84°12'18" WEST A DISTANCE OF 5.00 FEET; THENCE NORTH 18°09'38" EAST A DISTANCE OF 370.65 FEET TO AN EXISTING POWER POLE; THENCE SOUTH 02°56'39" EAST A DISTANCE OF 175.25 FEET TO A POINT ON THE EAST LINE OF LOT NO. 1, RANGE F OF THE AFORESAID ORIGINAL TOWN OF CAPE GIRARDEAU; SAID POINT BEING THE POINT OF BEGINNING OF THE CENTERLINE HEREIN DESCRIBED; THENCE THE FOLLOWING BEARINGS AND DISTANCES TO EXISTING POWER POLES WITH CONCRETE FOUNDATIONS CONSTRUCTED IN THE YEAR 2008: SOUTH 02°56'39" EAST A DISTANCE OF 21.63 FEET; SOUTH 05°13'56" EAST A DISTANCE OF 221.08 FEET; SOUTH 00°04'05" EAST A DISTANCE OF 212.98 FEET; SOUTH 04°19'34" � WEST A DISTANCE OF 267.29 FEET; SOUTH 07°00'23" WEST A DISTANCE OF 190.22 FEET; SOUTH 07°02'07" WEST A DISTANCE OF 229.22 FEET; SOUTH 06°58'02"WEST A DISTANCE OF 208.77 FEET; SOUTH 07°04'08"WEST A DISTANCE � OF 180.82 FEET; SOUTH 09°55'30" WEST A DISTANCE OF 258.97 FEET; SOUTH 08°54'31"WEST A DISTANCE OF 53.60 FEET TO AN EXISTING POWER POLE, SAID EXISTING POWER POLE BEING THE TERMINATION OF SAID EASEMENT AND FROM WHICH POWER POLE THE AFORESAID CROSS CHISELED IN CONCRETE AT THE SOUTHWEST CORNER OF LOT 1, RANGE E OF THE AFORESAID ORIGINAL TOWN OF CAPE GIRARDEAU BEARS NORTH 01°11'S0" WEST A DISTANCE OF 1194.84 FEET. with the right of ingress and egress to and over the above-described premises and the premises of Grantor adjoining the same, for ali purposes herein stated, together with the right to trim or cut down or cause to be trimmed or cut down at any time and from time to time, any and all brush, saplings, trees, over-hanging branches or other obstructions upon said premises and the premises of Grantor adjoining the same which may be deemed to interfere with the construction, maintenance or use of, or endanger the safety of, said line or lines; and the right to license, permit or otherwise agree to the use or occupancy of said line or lines by any other person, association or corporation for electric, telephone and communication purposes; and with the further right to remove at any time any or all of the said line or lines, and appurtenances thereto, erected upon, over or under said land by virtue hereof. Grantor, for itself, its heirs, successors and assigns, does hereby warrant and covenant unto Grantee, (1) that it is the owner of the above-described land and has fult right and authority validly to grant this easement, (2) that Grantee may quietly enjoy the premises for the purposes herein stated, and (3) that it will not create or permit any obstruction of any kind or character that will interfere with the successful operation and maintenance of said line or lines for any of the purposes aforesaid. IN WITNESS WHEREOF, said CITY OF CAPE GIRARDEAU, MISSOURI has caused these presents to be signed by its Mayor the city seal hereunto affixed at Cape Girardeau, Missouri this day of , 2008. `1� ATTEST: CITY OF CAPE GIRARDEAU, MISSOURI City Clerk Mayor APPROVED AS TO FORM: CITY SEAL City Attomey �.J � STATE OF MISSOURI ) )SS. COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me a Notary Public in and for said County and State aforesaid, personally appeared to me personaily known, who, by me duly sworn, did say that he/she is the Mayor of the City of Cape Girardeau, Missouri; and that the seal affixed to the foregoing instrument is the city seal of said city and that the said instrument was signed and sealed in behalf of said city by authority of its City Council; and the said 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 the day and year last above written. My Commission expires Notary Public � � t � y '� �.,f� . �� . ` . ..♦ y . .._.ui`� ^ ?�, 4 y . , .. � — _ ' , :�x r r r� � �' � ��` �+� ` � � , ` . :.�� , , ! � � �._#y 2 1: �`.6^' . � .� . �� '�y7n ..�..c aTt` . , �� {y,� 1� _ � �- N. 'Y' . f^' �'i� .. k • rtk �( � . Y�ev,''. f � }�t � 9 � 0 r A ` ` .... � '�" . . 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CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 09-7 -January 5, 2009 - The Honora.ble Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject:Missouri Highways and Transportation Commission Airport Aid Agreement Dear Mayor and Council Members: In 2008,Missouri Sta.te Legislators passed legislation allowing the Missouri Department of Transportation(NIoDOT)to issue up to $2 Million in grant funds for promoting scheduled air service in the Sta.te of Missouri. As a result,the Cape Girardeau Regional Airport applied for a$105,000 grant to include $75,000 for promoting and marketing regionai air service and$30,000 to fund Cape Girardeau's portion of a joint statewide air service study for the five essential air service airports in the state. This application was approved by MoDOT and the agreement to fund $67,500 for"Regional Air Service Promotion"is attached for your review. The $67,500 represents 90%of the $75,000 � requested, leaving a 10% City match of$7,500. MoDOT has already advertised for proposals regarding the statewide study and that funding is being handled separately. As such, it is recommended that the City Council approve an ordinance authorizing the City Manager to enter into an agreement with the Missouri Highways and Transporta.tion Commission to accept a grant of$67,500 for the purpose of promoting regional air service at the Cape Girardeau Regional Airport. Respectfully submitted, f.J. ruce W. Loy Airport Manager � Douglas K. Leslie City Manager � BILL NO. 09-13 ORDINANCE NO. � AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT AID AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSE OF ACCEPTING A GRANT FOR PROMOTION OF SCHEDULED AIR SERVICE AT THE CAPE GIR.ARDEAU REGIONAL AIRPORT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Airport Aid Agreement with the Missouri Highways and Transportation Commission for the purpose of accepting a grant for promotion of scheduled air service at the Cape Girardeau Regional Airport . A copy of said Agreement is attached to this Ordinance and made a part hereof . ARTICLE 2 . This Ordinance shall be in full force and effect � ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � CCO Form: AC01 Sponsor City of Cape Girardeau � Approved: 02/94 (MLH) Project No. AIR 096-77A2 Revised: 11/08 (AMB) Modified: MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION AIRPORT AID AGREEMENT THIS GRANT AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Cape Girardeau (hereinafter, "Sponsor"). WITNESSETH: WHEREAS, the Sponsor has applied to the Commission for a grant of funds under §305.230 RSMo; and WHEREAS, the Commission has agreed to award funds available under §305.230 RSMo to the Sponsor with the understanding that such funds will be used for a project pursuant to this Agreement for the purposes generally described in the Sponsor's grant application/request dated August 21, 2008, and specifically described as follows: � Regional air service promotion; NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations in this Agreement, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to provide financial assistance to the Sponsor under §305.230 RSMo. (2) AMOUNT OF GRANT: The amount of this grant is Six-seven Thousand Five Hundred dollars ($67,500.00); provided, however, that in the event state funds available to the Commission under §305.230 RSMo are reduced so that the Commission is incapable of completely satisfying its obligations to all the Sponsors for the current state fiscal year, the Commission may recompute and reduce this grant. The designation of this grant does not create a lump sum quantity contract, but rather only represents the amount of funding available for qualifying expenses. In no event will the Commission provide the Sponsor funding for improvements or work that are not actually performed. The release of all funding under this Agreement is subject to review and approval of all project expenses to ensure that they are qualifying expenses under this program. (3) AMOUNT OF MATCHING FUNDS: The amount of local matching funds, and/or other resources, to be furnished by the Sponsor is Seven Thousand Five � Hundred dollars ($7,500.00). The Sponsor warrants to the Commission that it has -1- sufficient cash on deposit, or other readily available resources, to provide the local matching funds to complete the project. � (4) PROJECT TIME PERIOD: The project period shall be from the date of execution of this Agreement by the Commission to June 30, 2009. The Commission's representative may, in writing, extend the project time period for good cause as shown by the Sponsor. The grant funds in paragraph (2) not expended or duly obligated during the project time period shall be released for use in other projects under §305.230 RSMo. (5) TITLE EVIDENCE TO EXISTING AIRPORT PROPERTY: By signing this Agreement, the Sponsor certifies that it holds satisfactory evidence of title to all existing airport property and avigation easements. (6) CONTROL OF AIRPORT: The Sponsor agrees to continue to control the airport, either as owner or as lessee, for 0 years following receipt of the last payment from this grant. Applicable agreement periods are as follows: (A) Land interests - Fifty (50) years. (B) Improvements - Useful life, as determined by the Commission. (7) WITHDRAWAL OF GRANT OFFER: The Commission reserves the right to amend or withdraw this grant offer at any time prior to acceptance by the Sponsor. � (8) PAYMENT: Payments to the Sponsor are made on an advance basis. The Sponsor may request incremental payments during the course of a project or a lump sum payment upon completion of the work. However, this advance payment is subject to the limitations imposed by paragraph (8)(B) of this Agreement. (A) The Sponsor may request payment at any time subsequent to the execution of this Agreement by both parties. Requests for reimbursement shall be supported with invoices. After the Sponsor pays incurred costs, copies of checks used to pay providers must be submitted to the Commission. (B) It is understood and agreed by and between the parties that the Commission shall make no payment which could cause the aggregate of all payments under this Agreement to exceed ninety percent (90%) of the maximum state (Aviation Trust Fund) obligation stated in this Agreement or eighty-one percent (81%) of actual total eligible project cost, whichever is lower, until the Sponsor has met and/or performed all requirements of this grant Agreement to the satisfaction of the Commission. (C) Within ninety (90) days of final inspection of the project funded under this grant, the Sponsor shall provide to the Commission a final payment request � -2- � and all financial performance and other reports as required by the conditions of this grant. (D) When land donations are used, the costs for land may be submitted with an appraisal prepared by a MoDOT-certified appraiser. All donations must be preapproved by the Commission to ensure eligibility for funding. . (E) If the Commission determines that the Sponsor was overpaid, the amount of overpayment shall be remitted to the Commission. (9) AUDIT OF RECORDS: The Sponsor must maintain all records relating to this Agreement, including but not limited to invoices, payrolls, etc. These records must be available at all reasonable times at no charge to the Commission and/or its designees or representatives during the period of this Agreement and any extension thereof, and for three (3) years from the date of final payment made under this Agreement. (10) FINANCIAL SUMMARY: Upon request of the Commission, the Sponsor shall provide to the Commission a financial summary of the total funds expended. The summary must show the source of funds and the specific items for which they were expended. (11) NONDISCRIMINATION CLAUSE: The Sponsor shall comply with all state � and federal statutes applicable to the Sponsor relating to nondiscrimination, including, buf not limited to, Chapter 213, RSMo; Title VI and Title VII of the Civil Rights Act of 1964 as amended (42 U.S.C. §2000d and §2000e, et seq.); and with any provision of the "Americans with Disabilities Act" (42 U.S.C. §12101, et seq.). (12) CANCELLATION: The Commission may cancel this Agreement at any time for a material breach of contractual obligations by providing the Sponsor with written notice of cancellation. Should the Commission exercise its right to cancel this Agreement for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Sponsor. (13) LACK OF PROGRESS: Any lack of progress which significantly endangers substantial performance of the project within the specified time shall be deemed a violation of the terms of this Agreement. The determination of lack of progress shall be solely within the discretion of the Commission. The Commission shall notify the Sponsor in writing once such a determination is made. (14) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. � -3- (15) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Sponsor shall comply with all local, � state and federal laws and regulations relating to the performance of this Agreement. (16) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the Sponsor at the direction of the Commission and information supplied by the Commission shall remain the property of the Commission. (17) CONFIDENTIALITY: The Sponsor shall not disclose to third parties confidential factual matters provided by the Commission except as may be required by statute, ordinance or order of court, or as authorized by the Commission. The Sponsor shall notify the Commission immediately of any request for such information. (18) NONSOLICITATION: The Sponsor warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Sponsor, 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, gift or any other consideration, contingent 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 this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. (19) DISPUTES: Any disputes that arise under this Agreement shall be � decided by the Commission or its representative. (20) INDEMNIFICATION: The Sponsor shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Sponsor's perFormance of its obligations under this Agreement. (21) NOTIFICATION OF CHANGE: The Sponsor shall immediately notify the Commission of any change in conditions or law which may significantly affect its ability to perform the project in accordance with the provisions of this Agreement. (22) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the Sponsor and the Commission. (23) PROFESSIONAL SERVICES BY COMPETITIVE PROPOSALS: Contracts for architectural, engineering and/or land surveying services, as defined in section 8.287 RSMo, shall be procured by competitive proposals, and the procurement process shall comply with sections 8.285-8.291 RSMo. �/ -4- � (24) ASSIGNMENT: The Sponsor shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (25) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the Sponsor, whether voluntarily, or upon the appointment of a receiver, trustee, or assignee, for the benefit of creditors, the Commission reserves the right and sole discretion to either cancel this Agreement or affirm this Agreement and hold the Sponsor responsible for damages. (26) COMMISSION REPRESENTATIVE: The Commission's chief engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behaff of the Commission in furtherance of the performance of this Agreement. (27) SAFETY INSPECTION: The Sponsor shall eliminate all deficiencies identified in its most recent safety inspection letter. If immediate elimination is not feasible, as determined by the Commission, the Sponsor shall provide a satisfactory plan to eliminate the deficiencies. (28) LAND INTERESTS: When grant funds are used to pay for land or aviation easements, the following requirements apply: �1 (A) Acquisition of Land - Fee Simple Title: The Sponsor shall obtain a qualified attorney's title opinion to assure the Sponsor receives fee simple title, free and clear of any encumbrance that could adversely affect the operation, maintenance or development of the airport. The attorney's title opinion shall be furnished by the Sponsor to the Commission for review. The Sponsor shall acquire the property in fee simple absolute by general warranty deed from the grantors. A copy of the deed shall be furnished to the Commission for review. The Sponsor shall record the deed in the land records of the county recorder's office in the county where the airport is located. (B) Acquisition of Avigation Easements: The Sponsor shall obtain a qualified attorney's title opinion to assure that the Sponsor has obtained the required interest in and to the easements to be acquired, free and clear of any encumbrances that would be incompatible with or would interfere with the exercise and enjoyment by the Sponsor of the rights and interests conveyed, and that the grantors of easements constituted all of the owners of the land affected by the easements. (C) Land Cost Reimbursement bv Federal Government Use as Local Share Only: Since it is the intent of the state of Missouri that funds provided under this Agreement be used only for aeronautical purposes, the Sponsor hereby covenants and agrees that it will not request reimbursement from the United States Government for the � cost of land acquired with the funds granted under this Agreement; provided, however, -5- that nothing in this paragraph shall be construed to prevent the Sponsor from using all or any part of the acquisition cost of this land to make up its share of eligible project r�l costs incurred under any airport development grant from the United States Government. (D) Aeronautical Use: If land interests are not used for aeronautical purposes within five (5) years, the Sponsor shall at the request of the Commission return the full amount of those grant funds used to purchase the land interests. The Sponsor may request an extension of this time period in writing to the Commission. (29) AIRPORT USE: The Sponsor agrees to operate the airport for the use and benefit of the public. The Sponsor further agrees that it will keep the airport open to all types, kinds, and classes of aeronautical use on fair and reasonable terms without discrimination between such types, kinds and classes. Any proposal to temporarily close the airport for non-aeronautical purposes must first be approved by the Commission. Otherwise, at no time shall the airport be closed to accommodate a non- aeronautical event or activity. (30) SAFE OPERATION OF AIRPORT: The Sponsor agrees to operate and maintain in a safe and serviceabfe condition the airport and all connected facilities which are necessary to serve the aeronautical users of the airport other than facilities owned or controlled by the United States. The Sponsor further agrees that it will not permit any activity on the airport's grounds that would interfere with its safe use for airport purposes. Nothing contained in this Agreement shall be construed to require that the airport be operated for aeronautical uses during temporary periods when snow, ice, or � other climatic conditions interfere with safe operations. (31) RESPONSIBILITY FOR PROJECT SAFETY: During the full term of the project, the Sponsor shall be responsible for the installation of any signs, markers, or other devices required for the safety of the public. All markers or devices required on the airport will conform to Federal Aviation Administration (hereinafter, "FAA") regulations or specifications that may apply. The Sponsor shall issue, through the applicable FAA Flight Service Station, any and all Notices to Airmen that may be required. (32) ENGtNEER'S DESIGN REPORT: Prior to development of the plans and specifications, the Sponsor shall provide an engineer's report setting forth the general analysis and explanation of reasons for design choices. Said report shall include an itemized cost estimate, design computations, reasons for selections and modifications, comparison of alternatives, life cycle cost analysis, geotechnical report and any other elements that support the engineer's final plans and specifications. (33) GEOMETRIC DESIGN CRITERIA: The Sponsor shall use the geometric design criteria promulgated by the FAA in the AC series and in FAA Orders. The Sponsor may request and receive approval for adaptation of said criteria where the Commission concurs that such adaptation is appropriate considering safety, economy and efficiency of operation. � -s- � (34) PLANS, SPECIFICATIONS AND ESTIMATES: The plans and construction specifications for this project shall be those promulgated by the FAA in the � AC series and in FAA Orders. (A) The plans shall include a safety plan sheet to identify work areas, haul routes, staging areas, restricted areas, construction phasing, shutdown schedule etc., and to specify the requirements to ensure safety during construction. (B) The Sponsor shall submit all plans, specifications and estimates to the Commission for review and acceptance prior to advertising for bids for construction. (35) REVIEW OF BIDS AND CONTRACT AWARD: The Commission shall review all contractors' bids and approve the selection of the apparent successful bidder prior to the Sponsor awarding the construction contract. (36) NOTICE TO PROCEED: After the Commission receives copies of the executed construction contract between the Sponsor and the contractor, the performance and payment bonds, and any other documentation as required by this Agreement, the Commission will authorize the Sponsor to issue a notice to proceed with construction. � (A) The Sponsor shall issue a notice to the contractor within ten (10) days of authorization by the Commission, unless otherwise approved by the Commission. (B) Any construction work performed prior to the Sponsor's issuance of a Notice to Proceed shall not be eligible for funding participation. (37) CONSTRUCTION OBSERVATION/INSPECTION REQUIREMENTS: In conjunction with submittal of the Notice to Proceed documentation, the Sponsor shall provide a construction observation/inspection program setting forth a format for accomplishment of resident observation, construction inspection and overall quality assurance. (38) CONSTRUCTION PROGRESS AND INSPECTION REPORTS: The Sponsor shall provide and maintain adequate, competent and qualified engineering supervision and construction inspection at the project site during all stages of the work to ensure that the completed work conforms with the project plans and specifications. Project oversight by the Commission's project manager or other personnel does not relieve the Sponsor of this responsibility. (A) The Sponsor shall require the resident project representative to keep daily construction records and shall submit ta the Commission a Weekly Construction Progress and Inspection Report (available on MoDOT's aviation section � -7- website), complefed by the resident project representative. A weekly summary of tests completed shall be included. �,,,� (B) Prior to final acceptance, the Sponsor shall provide to the Commission a testing summary report bearing the engineer's seal and including a certification from the engineer that the completed project is in compliance with the plans and specifications. (C) Certification statements from construction contractors must be provided to ensure all workers, material suppliers, etc. have been paid. (39) CHANGE ORDERS/SUPPLEMENTAL AGREEMENTS: All change orders/supplemental agreements must be submitted to the Commission for approval prior to implementation to ensure funding eligibility. Requests for additional work for items not included in the original bid must be accompanied by a cost analysis to substantiate the proposed costs. (40) RECORD DRAWINGS: The Sponsor shall provide one (1) electronic set of as-built construction drawings on a compact disc in .pdf format copied to a single file (each sheet must be sealed, signed, and dated by the engineer) to the Commission upon project completion. In addition, the Sponsor shall provide six updated Airport Layout Drawings (ALD's) showing as-built conditions, if required. The Commission will forward updated ALDs to the FAA central region office. (41) FILING NOTICE OF LANDING AREA PROPOSAL: When a project � involving changes to the runway will be implemented at an airport, the Sponsor must submit FAA Form 7480-1 ("Notice of Landing Area Proposal") to the FAA not less than one hundred twenty (120) days prior to commencement of any construction or alteration. A copy of the form as filed with the FAA and the FAA airspace determination letter must be provided to the Commission. This form must be submitted for any projects that involve the widening or lengthening of an existing runway or construction of a new runway. (42) FILING NOTICE OF PROPOSED CONSTRUCTION OR ALTERATION: When a development project that does not involve changes to the runway will be implemented at an airport, the Sponsor must electronically submit FAA form 7460-1 ("Notice of Proposed Construction of Alteration") to the FAA not less than one hundred twenty (120) days prior to commencement of any construction or alteration. Electronic submittal of FAA form 7460-1 must be submitted for construction of any permanent structures on the airport, temporary structures over 20 feet in height or use of construction equipment over 20 feet tall. It is not necessary for routine construction projects, unless they include above ground installations. . � -s- � IN WITNESS WHEREOF, the parties have entered into and accepted this Agreement on the last date written below. Executed by the Sponsor this day of , 20 Executed by the Commission this day of , 20 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION CITY OF CAPE GIRARDEAU By Title Title Attest: Attest: By � Secretary to the Commission Title Approved as to Form: Approved as to Form: Commission Counsel Title Ordinance No. (if applicable) � -s- City of Cape Girardeau,Missoari � Office of the City Manager Council Letter No. 09-08 Agenda January 5, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Resolution Authorizing the City Manager to Enter into Amendment No.2, Agreement for Professional Engineering Services with Bowen Engineering & Surveying for the Melrose Drainage Improvement Stormwater Projects —Public Works Project Number 8510 Dear Mayor and Council Members: On May 19, 2008 the Council passed a resolution authorizing the City Manager to enter into a General Services Agreement with Bowen Engineering& Surveying. The Public Works Department has met with and negotiated an amendment to the original agreement with Bowen Engineering& Surveying, Inc.,for their design engineering services on the � Melrose drainage improvements project. This is one of the projects identified in and funded through the Parks and Storm Water Initiative passed on Apri18,2008. The fee for these services is not to exceed $8,700. The Public Works Department recommends that the City Manager be authorized to enter into Amendment No. 2 with Bowen Engineering and Surveying for this project. Respectfully submitted, �� ` Tim Gramling,PE Public Works Director Douglas K. Leslie City Manager � BILL NO. 09-02 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 2 TO THE ENGINEERING SERVICES CONTRACT WITH BOWEN ENGINEERING & SURVEYING, INC. , FOR THE MELROSE DRAINAGE IMPROVEMENT PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute Amendment No. 2 to the Engineering Services Contract with Bowen Engineering & Surveying, Inc . , for the Melrose Drainage Improvement Project, in the City of Cape Girardeau, Missouri . A copy of said Amendment No. 2 is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS DAY OF , 20 � � — Jay B . Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � � AMENDMENT NO. 2 TO ENGINEERING SERVICES CONTRACT MELROSE DRAfNAGE IMPROVEMENT PROJECT This supplementary agreement amends the Engineering Services Contract, between Bowen Engineering & Surveying, Inc., hereinafter referred to as the "Engineer", and the City of Cape Girardeau, hereinafter referred to as the "City". The General Services Contract, between the City and.Engineer, was approved on the 19th day of May , 2008 by action of the City Council's Resolution No. 2356 . This amendment is for design engineering services relating to the Melrose Drainage Improvement Project. Whereas, the City intends to complete drainage improvements to the Melrose Ave. area consisting of the installation of new storm sewer inlets at Melrose Ave. and Westwood Drive, Mefrose Ave. and Randol Ave., and Westwood Drive and Glenridge Drive and also the reconstruction of inlets at Randol Ave. and Lisa Drive and along Melrose Ave, and the installation of storm sewer piping and appurtenant structures, and whereas the Engineer agrees to provide engineering and surveying services for this Project, and to complete the work, to the satisfaction of the City, and for the rates set forth in Attachment "A" of the Engineering Services Contract. The Engineer shall develop plans for the proposed project in three stages. The City shall review the plans at the end of each stage of the development process and shall provide to � the Engineer written comments on plan changes or additions. The times for completion of each stage in the project Design Phase shall be as follows: Stage 1 -Preliminary Plan Development-The time from receipt of the Notice to Proceed to completion of preliminary plans shall not exceed 30 calendar days. Stage 2-95% Design Development-The time from receipt of preliminary plan review comments to completion of final plans and bid documents to a 95% complete state shall not exceed 15 calendar days. Stage 3 - Final Bid Package-The time from receipf of final plan comments to the completion of the final bid package shall not exceed 15 calendar days. If conditions outside the control of the Engineer occur, or substantial changes to the original scope of work are required by the City, the Engineer reserves the right to extend the time of completion dates in an amount to be agreed upon by the Engine.er and the City. � Page A-1 ARTICLE I - SCOPE OF SERVICES . DESIGN PHASE - The En ineer wiiL �`"� A 9 1. Assist the City in coordinating and deciding the needs and requirements of the project 2. Conduct topographic, property and utility surveys sufficient to develop plans for the project. Surv,ey data shall be provided in State Plane coordinates. 3. Arrange for any subcontractor services as may be required. Subcontractor fees shall be approved by the City prior to award of any subcontract work. Subcontractor fees shall be in addition to the stated . fee for a specific project and shall be submitted as an additional cost on the project invoices. 4. Prepare alternate designs, cost estimates, develop preliminary plans, recommend the best design based on these studies and develop final plans and specifications for the project as directed by the City. 5. Assist the City in securing adequate property title information, deciding right-of-way and easements required for successful execution of the project, and provide assistance to the City in acquiring right-of-way or � easements. 6. Complete all permit applications necessary to insure compliance with �ocal, state and federal requirements. 7. Prepare Specifications and Bid Documents for the Project, incorporating the City's standard specifications where available. 8. Assist the City in organizing public meetings as required. This shall . include providing adjacent property owner information to City staff and attending meetings to discuss the project. 9. Attend public hearings to provide project information to City Council and answer questions relating to the proposed improvements. 10. Provide one (1) original and ten (10) copies of final plans and specifications to the City for distribution to prospective bidders. Page A-2 �./ � B. BIDDING PHASE - The Engineer will: 1. Provide the City with a list of qualified bidders and assist the City in advertising for bids. 2. Assist the City in evaluating bids and recommending a Contractor. The Engineer will provide these services for the hourly rates set forth in the Engineering Services Contract Attachment"A". The not-to-exceed fee for the Design Phase and the Bidding Phase of this project is $8,700.00. Progress reports shall be submitted with each monthly pay request. All Articles of the Engineering Services Contract apply to this amendment, as if fully set forth herein. � � Page A-3 Executed by the Engineer this day of , 2008. � Executed by the City this day of , 2008. FOR: City of Cape Girardeau BY: City Manager, Doug Leslie ATTEST: City Clerk FOR: BOWEN ENGINEERING & SURVEYING, INC. �- ; BY: � .-Z�`�—�--- President � ATTEST: Page A-4 � N ''-'� V c t. � � � a�: :.. �- . . �t;�,, �.°,�:; ` : �„,� : +.. - �s,:i�= v� o �..� � a�� ' ��° . "C� f i C6 U �u ' � City of Cape Girardeau,Missouri Office of the City Manager Council Letter No. 09-9 Agenda January 5, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri Subject: Resolution Authorizing the City Manager to Enter into Amendment No. l, Agreement for Professional Engineering Services with Waters Engineering for the Margaret and Janet Drainage Improvement Stormwater Project— Public Works Project Number 8507 Dear Mayor and Council Members: In October 2007 the Council passed a resolution authorizing the City Manager to enter into a General Services Agreement with Waters Engineering. The Public Works Department has met with and negotiated an amendment to the original agreement with Waters Engineering, for their design engineering services on the Margaret and Janet drainage improvement project. This is one of the projects identified in and funded � through the Parks and Storm Water Initiative passed on Apri18, 2008. The fee for these services is not to exceed $28,000. The Public Works Department recommends that the City Manager be authorized to enter into Amendment No. 1 with Waters Engineering for this project. Respectfully submitted, �`--J� . Tim Gramling,PE Public Works Director G2��2O � Douglas K. Leslie City Manager � � BILL NO. 09-03 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 1 TO THE 2007 GENER.AL ENGINEERING SERVICES AGREEMENT WITH WATERS ENGINEERING, INC. , FOR THE MARGARET STREET AND JANET DRIVE DR.AINAGE IMPROVEMENT PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute Addendum No. 1 to the 2007 General Engineering Services Agreement with Waters Engineering, Inc . , for the Margaret Street and Janet Drive Drainage Improvement Project, in the City of Cape Girardeau, Missouri . A copy of said Addendum is attached to this Resolution and made a part hereof . � PASSED AND ADOPTED THIS DAY OF , 20 Jay B . Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � � ADDENDUM NUMBER 1 TO THE 2007 GENERAL ENGINEERING SERVICES AGREEMENT The following items comprise Addendum Number 1 to the 2007 General Engineering Services Agreement by and between the CITY OF CAPE GIRARDEAU, MISSOURI, (the OWNER), and WATERS ENGINEERING, INC., Sikeston, Missouri,(the ENGINEER);the items contained herein shall be in addition to the General Agreement dated October 16, 2007, and shall become a part thereof upon approval by the parties of the General Agreement. � The OWNER and the ENGINEER agree to the following: I. The Engineer agrees to provide the following engineering services for the Project: A. DESIGN PERIOD SERVICES. The following scope of work is hereby designated for the Project. Engineer shall assist the OWNER in the design engineering of the Janet Street and Margaret Street Drainage Improvements. Work to be performed shall include; conducting detailed field surveys; preparing legal descriptions required for property acquisition; assist in negotiations for property acquisition; assist the Owner in applying for permits typical in these types of projects; make personal appearances before review authorities and attend public meetings; perform needed hydraulic calculations, prepare final detailed drawings, technical specifications, construction /� bidding and contract documents in to the satisfaction of the Owner; and assist the � � Owner in procuring prospective bidders. I I I. The design period services shall be completed within 90 calendar days following the authorization to proceed with that phase of services, exclusive of the time required for review by the Owner or other agencies having authority over the project. IV. The OWNER agrees to pay the ENGINEER as follows for work as follows: A. DESIGN PERIOD SERVICES. For Design Period General Services pursuanttothis Addendum under Section I-A of the General Agreement, the Owner wilt reimburse the Engineer for time and materials at the hourly rates set forth in Attachment "A" affixed hereto with the fees not to exceed Twenty Eight Thousand Dollars ($28,000.00) � Page 1 of 4 it witness whereof,the duly authorized representatives of the OW NER and the ENGINEER have this day of January, 2009, hereunto subscribed their names. � The Engineer: WATERS ENGINEERING, INC. By: John Chittenden, President Richard Cochran, Jr., Senior Engineer The Owner: CITY OF CAPE GIRARDEAU, MISSOURI By: Mr. Douglas Lestie, City Manager V Ms.�Gayle Conrad, City Clerk Page 2 of 4 � ADDENDUM NO. 1 � ATTACHMENT A CHARGE OUT RATES 1. Direct Pa,�. The direct payroll basic rates shown are estimated rates and actual rates to be paid will be those rates actually experienced during the period of performance of the contract and agreed upon by both parties. The current payroll rates are as follows: Hourly Personnel Rate Officer of Firm $50.00 Senior Engineer 44.00 Land Surveyor 17.00 Senior Technician 16.50 Junior Technician 15.00 2. Overhead & Profit. The overhead and profit rate shown are those actual rates calculated for the previous fiscal year. Overhead & Pro�t Rate 2.16 3. Reimbursable Expenses. The OWNER shall pay the ENGINEER the actual cost of all reimbursable expenses incurred. Reimbursable expenses shall mean the actual cost for services of special consultants such as soils and materials testing, � special seismic design and photogrammetric consultants; electrical consultants, expenses of transportation and subsistence of principals, employees and consultants;expenses offurnishing and maintainingfield office facilities; assistants, � and similar PROJECT-related items not covered by the overhead item. Transportation Expenses shall be charged out at $0.54 per mile. 4. Billiny Invoices. The billing invoices shall be calculated using the sum of the direct payroll, the direct payroll multiplied by the overhead and profit rate, and the actual costs for all reimbursible expenses. 5. Cost Estimate. The estimated hourly charges and reimbursable expenses for engineering services are as follows: Estimated Hourly Personnel Manhours Rate Total Officer of Firm 16 $50.00 $800.00 Senior Engineer 100 $44.00 $4,400.00 Land Surveyor 40 $17.00 $680.00 Senior Technician 120 $16.50 $1,980.00 Junior Technician 60 $15.00 $900.00 � Total Hourly Charges $8,760.00 Page 3 of 4 The estimated cost for reimbursable expenses are given below: � Expense Estimated Cost Materials Testing & Suppliers $0.00 Subcontracts $0.00 Transportation at $0.54 per $319.00 mile TOTAL $319.00 The estimated engineering design costs are as follows: Expense Estimated Cost Total Hourly Charges $8,760.00 Overhead & Profit $18,921.60 Reimbursable Expenses $319.00 TOTAL $28,000.60 � �J Page 4 of 4 � a�' �:,. ;' �s c .�.. �:. U"�' ,;., �.' � c'�. ns cy.: �;� ; xt,'o �:.. . �.,;�= ; ��s�=;. � �. � � � � v O � � � � � � U CITY OF CAPE GIRARDEAU � Office of the City Manager Council Letter No. 09-10 Agenda January 5, 2009 The Honorable Mayor and � Members of the City Council City of Cape Girardeau, Missouri Re:Broadcast and Taping of Cape Girardeau,MO City Council Meetings Dear Mayor and Council Members: Effective December 31S`, the contract with Ron Duff Video Productions came to an end. Staff completed a Request for Proposal seeking video production services and one proposal was submitted. The proposal submitted was entered by Ron Duff Video Productions, our current service provider at the same annual rate proposed in the last contract with his company. Staff recommends that Council adopt a resolution authorizing the City Manager to accept the proposal from Ron Duff Video Productions and renew the existing contract. � Respectfully submitted, Miche e Hahn Public Information Coordinator 6.�' � Douglas K. Leslie City Manager � BILL NO. 09-04 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL SUBMITTED BY RON DUFF VIDEO PRODUCTIONS TO BROADCAST AND RECORD CAPE GIRARDEAU CITY COUNCIL MEETINGS, AND TO EXECUTE ALL NECESSARY CONTRACT DOCUMENTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to accept the proposal submitted by Ron Duff Video Productions to broadcast and record Cape Girardeau City Council Meetings, and to execute all necessary contract documents . PASSED AND ADOPTED THIS DAY OF , 20 � Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � � AGREEMENT TO BROADCAST AND RECORD CAPE GIRARDEAU CITY COUNCIL MEETINGS This Agreement to broadcast and record Cape Girardeau City Council meetings, hereinafter referred to as the "Agreement," is made this day of , 2009, between RON DUFF, d/b/a RON DUFF VIDEO PRODUCTIONS, hereinafter referred to as"RDVP," and the CITY OF CAPE GIRARDEAU, hereinafter referred to as "City,"a home rule city and political subdivision of the State of Missouri. WITNESSETH: WHEREAS, the City is a municipal government and political subdivision of the State of Missouri, which is governed by a City Council that conducts bi-monthly meetings, as well as other special meetings, for the purpose of transacting municipal business; WHEREAS, RDVP is a business that performs broadcast and recording services using up-to-date facilities and employees that are trained and certified on broadcast-quality equipment;and WHEREAS, the City desires to contract with RDVP for broadcasting and recording these City Council meetings for display on Channel 5—the City's Public and Governmental Access Channel; WHEREAS, RDVP has, for many years, performed those broadcasting and recording services for the City, and RDVP desires to continue to perform those services; and � WHEREAS, the parties wish to set forth their rights and obligations relative to the provision of these programming services. NOW, THEREFORE, the City and RDVP agree as follows: I. Scope of Work. RDVP will provide the following services to the City: (a) Provide for the live broadcast and recording of each of the bi-monthly City Council meetings by providing live coverage in the meeting room, live editing and broadcast feed. (b) Provide a finished DVD recording of the broadcast to the City at the close of each meeting. (c) Provide the necessary video and television equipment, along with staff, to effectively produce these programs. (d) Provide set-up, trouble-shooting, preparation for special presentations, and tear-down of all equipment and cable for each meeting. (e) Provide the same broadcasting and programming services for other special City Council meetings at the request of the City Public Information Manager. (� A copy of the proposal submitted by RDVP is attached hereto as Exhibit "A" and is incorporated herein by reference. � 2. RDVP shall be solely responsible for the maintenance of all broadcast and video equipment, and all aspects of RDVP's operating and maintenance finances. 3. In consideration of RDVP's obligations as set out herein, the City agrees that it will pay � RDVP the sum of One Thousand Dollars ($1,000.00) per meeting on a monthly basis, with such payment being due on or before the 10`h day of the month following the month in which those services were rendered. 4. RDVP shall maintain liability insurance covering all aspects of its operations as set out herein in an amount equal to the liability limits established in Section 537.600 RSMo, et seq., and shall name the City as an additional insured. In no event shall any employee or agent of RDVP acting under the terms of this Agreement be considered an employee of the City for purposes of the City's program of worker's compensation insurance. RDVP shall indemnify and hold the City harmless from any claims, lawsuits, liabilities, and damages of any kind, including all attorneys fees, arising out of RDVP's services herein, unless those damages were caused by the gross negligence or willful misconduct of the City. 5. This Agreement shall be in effect from and after its execution and shall remain in effect for a period of one year. 6. This Agreement may be amended from time to time by mutual agreement of RDVP and the City. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the day and year first above written. CITY OF CAPE GIRARDEAU, MISSOURI �.J Douglas K. Leslie, City Manager ATTEST: Gayle L. Conrad, City Clerk RON DUFF, d/b/a RON DUFF VIDEO RODUCTIONS Ron Duff ATTEST: (Typed Name&Title of Signer) t � V RFQ N0 . I001691 November 21, 2008 � CITY OF CAPE GIRARDEA U, MISSO URI Request for Proposal For Broadcast and Taping of Cape Girardeau, MO City Council Meetings This document constitutes a request for sealed prop�sals, including prices, from qualified individuals and organizations to furnish those services and/or items a described herein. Proposals must be mailed to the Division of Purchasing, P.O. Box 617, 401 Independence, Cape Girardeau, Missouri 63702-Ob17 or hand delivered to the Finance Office, Division of Purchasing, 401 Independence, Cape Girardeau, Missouri 63703. Proposals will be received until 2:00 PM, Friday, December 5.2008 The Ci�y of Cape Girardeau is soliciting proposals fo� the broadcast and taping of Cape Girardeau, MO City Council Meetings per the attached requiremnnts . All offerors are advised to carefully read the complete document and comply with all requirements to be considered as a responsive proposer . Questions should be direct�d to Michelle Ha�.n, at (573) 335-8556 or � via e-mail rnra �cityofcapegirardeau. org The proposer hereby agrees to provide the services and/or items, at the prices quoted, pursuant to the requirements of the RFP document upon award of cont�act and/or purchase order. � Com an Name: �O .n� �.--J �` �� -e-�, �Il.��+-.`c�l o'v � Y Mailing Address: � nZ� �v'�ae�.�.✓a--�/ ' : (.�� ?� � City: �f� �/d'�¢v��P�.ta, State:� Zip � Telephone: 57 � ��3 3 � '1! d� J Fax: S� 3 --�33.�-3 0� � SS# or FID# � "� ° � G � g 4t� ' � o• � Proposer s Signatur,.. � Proposer' s Title o W E. � _________________________________________________________________ � 6Y� �;�sV�r5�lb1�-, ��-C�- � 'C'P-v�.�.-� I��r t�vt% �`� , �,,r� as �nous Gsn�rac�-: , � � RFQ NO. I001691 November 21, 2008 I. Intent The intent of the Request for Proposal for the broadcast and taping of Cape Girardeau, MO City Council Meetings is to accept bids from video professionals to broadcast and tape bi-monthly City Council Meetings. �,,,,,� II. Background The City of Cape Girardeau City Council desires to enter into a two-year contract with a vendor to provided video production services. The City Council conducts bi-monthly meetings on the first and third 1Vlonday's of each month, except in the instance where a holiday or holiday observance is on the Monday. In that case, the meetings will be moved to the next available Tuesday. The meetings are held at 7 p.m. in the City Council Chambers, located in City Hall. The meetings are broadcast live on the city's Public Access television channel, Channel 5. Replay of the meetings than occurs throughout the next two weeks for the viewing public. III. Generallnformation All inquiries related to this Request for Proposal are to be directed, in writing, no later than December 1, 2008 to the Division of Purchasing. Proposals must be mailed to the Division of Purchasing P.O. Box 617, 401 Independence, Cape Girardeau, Missouri 63702- 0617 or hand delivered to the Finance Office, Division of Purchasing, 401 Independence, Cape Girardeau, Missouri 63703 no later than December S, 2008 at 2:00 P.M. � Proposals will be evaluated based upon credentials provided, technical competence, and suitability of proposed services. In order to qualify for consideration, a responder must meet the following criteria as they relate to the RFP. 1. The Proposer must submit a proposal that details and clearly describes its capability to perform the work described in this RFP, its approach to such work and the cost of such worlc to the City of Cape Girardeau. 2. The Proposer shall have the necessary equipment and experience using it that will enable them to produce these live and recorded productions. 3. The Proposer shall provide the necessary number . of emptoyees to successfully staff the tapings of these meetings. IV. Scope of Work to be provided by the �deo Production Service The scope of work includes,but is not limited to the following: • Provide live coverage of City Council meetings, as well as delivering a DVD copy at the conclusion of the meeting. � 2 ' RFQ NO. I001691 November 21, 2008 � Provide the necessary video and television equipment, along � with staff to effectively produce this program. • Provide set-up and tear-down of all equipment and cables for each meeting. V. �deo Production Service Information Your written response to this RFP must contain responses to each and all of the following: Responder Information • Provide a cost per meeting for the video services you will be providing. • Provide a brief history of your organization including length of time in the video services business, staff size, areas of expertise and the number and type of clients you serve. • Provide specific contact names and phone numbers for professional references and clients • Describe the approach utilized to provide the services specified in this RFP, including a list of the equipment you will be using. VI. Selection The City reserves the right to accept or reject any or any part of the proposal, � To waive technicalities and to accept the offer the City considers the most advantageous to the City_ The City anticipates selecting a video production service provider as soon as possible in order to make recommendation to the City Council for approval on Monday, December 1 S, 2008. � � � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager . Council Letter No. 09-11 Agenda January 5, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Resolution Authorizing the City Manager to Enter into an Addendum With Grojean Architects for the Public Information Kiosk&Rest Room Building For the Parking Lot at Broadway,Main and Water Streets Deaz Mayor and Council Members: On November 17,2008,the Council passed Resolution No.2402 authorizing the City Manager to enter into Agreement with Groj ean Architects for the architectural and engineering services necessary to design a community center to be constructed in Shawnee Park and provide for the renovation and expansion of the Shawnee Park Sports Complex. The City desires to expand the scope of this Agreement � by a proposed Addendum to design a Public Information Kiosk and Rest Room in the Parking Lot improvement at Broadway,Main and Water Streets in the downtown area. This Addendum will require the design of an approximately 695 square feet building consisting of a concrete slab, masonry block walls with brick veneer,wood truss roof with plywood deck and composition shingles and the necessary plumbing and electrical appurtenances. This work will be completed for a flat fee of$ 10,000.00. Attached is a Resolution authorizing this Addendum to the Agreement for the purpose designing the Public Information Kiosk and Rest Room in the Parking Lot improvement at Broadway,Main and Water Streets in downtown Cape Girardeau. It is recommended that the City Council authorize the City Manager to enter into the Addendum to the Agreement with Grojean Architects as described above. . Respectfully submitted, Kelly Green,P.E. City Engineer . ��c.d � Douglas K. Leslie � City Manager KLG/DKUmb Attachment-1 BILL NO. 09-05 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDUM TO AGREEMENT BETWEEN OWNER AND ARCHITECT FOR PROFESSIONAL SERVICES WITH GROJEAN ARCHITECTS, FOR THE PUBLIC INFORMATION KIOSK AND REST ROOM BUILDING TO BE LOCATED ON THE PARKING LOT AT BROADWAY, MAIN STREET AND WATER STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Addendum to Agreement Between Owner and Architect for Professional Services with Grojean Architects, for the Public Information Kiosk and Rest Room Building to be located on the parking lot at Broadway, Main Street and water Street, in the City of Cape Girardeau, Missouri . A copy of said Addendum is � attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS DAY OF , 20 Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � ADDENDIJM to AGREEMENT BETWEEN OWNER and ARCHITECT for PROFESSIONAL SERVICES � GENERAL INTENT: DATE: 11 DEC 08 At the request of the Owner,the scope of the Professional Services requued of the Architect for this project has been increased. Unless changed by this document,all other conditions of the origina]Agreement between Owner and Arciutect,dated 18 Nov O8,shall remain in full effect. PROJECT DESCRIPTION: Design of a Public Informarion Kiosk and Rest Room Building on Broadway Sh�eet for down town Cape Girardeau. Building shall be concrete slab,masonry block walls with brick veneer,wood huss roof with plywood deck and composirion shingles. Building will be approximately 695 square feet. ARCHITECT'S SERVICES: OWNER'S RESPONSIBILITIES: Preliminary Designs Conduct Biding Process Architecttual Construcrion Drawings Conshuction Supervision HVAC Mechanical Designs&Plans Review Construction Documents Plumbing Designs&Plans Provide Land Surveying Service(if req'd) Electrical Designs&Plans Approve Contractor Pay Draws&Change Orders Structural Designs&Plans Final Project Closeout BASIC COMPENSATION to ARCHITECT: Flat Fee=$1Q000.00 ADDITIONAL COMPENSATION to ARCHITECT: Any additional fees owed to the Architect because of extra drafring,additional visits to the job site,or significant changes to the project,as requested by the owner,shall be due as eamed,payable monthly and shall be computed as � follows: — Principal Architect — $100.00 per hour Project Manager = $75.00 per hour Computer Technician = $ 60.00 per hour Clerical Technician = $35.00 per hour Blue Prints = $ 5.00 per sheet Drawing Plots = $10.00 per sheet Auto Mileage = 35 cents per mile Project Engineer = $90.00 per hour INTEREST,LIENS and ATTORNEYS: Owner agrees to pay the Architect within 10 days of each statement. Owner agrees to pay 1%interest per month on any unpaid past due balance. Architect may temunate Agreement if timely payment is not made. Owner agrees to pay all expenses of collection of outstanding debts together with all attomeys'fees and court costs. OWNERSHIP of DOCLTMENTS: Drawings and Specificarions remain the property of the Architect and shal]not be used by the Owner on other projects, for addirions to this Project,or for complerion of this Project by others,except by written agreement and with appropriate compensarion to the Architect. OWNER: ARCHITECT: � City of Cape Girardeau,Missouri Ronald L.Grojean 401 Independence Grojean Architects Cape Girardeau,MO 63703 819 N.Kingshighway Cape Girardeau,MO 63701 � ,_--, � � � ' �1 - � z q � o � N . Z � � . � � 9t9 � �:. � � R�j O. l `l � x � � v W � � : � , _ � - � , � � � - � ' . . W .. � . . � . � � � � F p � \ ' . . . 1fN . � v. . . . � - � a _ � . P Bl�� q ��`� � �a�� ddfssfSg� `� {.� i . � .j�'�d�N� . 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S` �P E�� >v� �l ► _ .2 3 _.� City of Cape Girardeau, Missouri Office of the City Manager � Council Letter No.09-12 January 5, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Resolution Authorizing the City Manager to E�cecute an Agreement with Republic Services Iac. dba Ailied Tnlaste Services and CWI of Missouri for Use of the City Transfer Station Dear Mayor and Council Members: The Solid Waste Ordinance allows the City to set disposal rates by contract at the transfer station for private haulers who regularly us the facility and who regularly dispose of more than twenty (20) tons of solid waste per week. Republic Services Inc. dba Allied Waste Services and CWI of Missouri is a private hauler that regularly uses the City of Cape � Girardeau' s Transfer Station and regularly disposes in excess of twenty tons of solid waste per week. Due to the fact that Republic Services rflutinely hauls in more than 200 tons of solid waste per month, it has been determined that it will be beneficial for the � City and Republic Services to agree upon a discounted rate to continue the flow into the transfer station. Both the City and Republic Services have agreed on the current $43 . 00 per ton gate rate for the first 200 tons per month. Tonnage over 200 tons per month will have a set rate of $ 39 . 04 per ton for disposal . This agreement would be in effect until June 30, 2009 and then will be automatically renewed annually in June each year unless the conditions require renegotiation. It is recommended that the Council approve the attached resolution authorizing the City Manager to execute this agreement . Respectfully submitted, . �� Tim Gramling, P.E. Public Works Dire tor � � � Douglas K. Leslie City Manager BILL NO. 09-06 RESOLUTION NO. � 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SOLID WASTE DISPOSAL RATE FOR REPUBLIC SERVICES, INC. , D/B/A ALLIED WASTE SERVICES AND CWI OF MISSOURI, FOR USE OF THE CITY TRANSFER STATION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement for Solid Waste Disposal Rate for Republic Services, Inc . , d/b/a Allied Waste Services and CWI of Missouri, for use of the City Transfer Station, in the City of Cape Girardeau, Missouri . A copy of said Agreement is attached hereto and made a part w hereof . �,�.� PASSED AND ADOPTED THIS DAY OF , 20 Jay B . Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � AGREEMENT FOR ` SOLID WASTE DISPOSAL RATE FOR � Republic Services Inc. dba Allied Waste Services and CWI of Missouri This Agreement is made and entered into this day of January, 2009 by and between the City of Cape Girardeau, Missouri, a municipal corporation hereinafter referred to as "City" , and Republic Services Inc . dba Allied Waste Services and CWI of Missouri, referred to as "Republic Services" for and in consideration of the promises and agreements made here and after, the City and Republic Services agree to bind themselves to the following. l . The City of Cape Girardeau in the Solid Waste Ordinance � is allowed to set disposal rates for private haulers in the excess of twenty (20) tons of solid waste delivered to the transfer station per week. 2 . The parties agree that the first two hundred (200) tons per month that is received and shipped from the transfer station will stay at the current gate rate which is currently Forty three Dollars ($43 . 00) per ton. This may be adjusted periodically by the City Council or through State Fee adjustments or any additional costs incurred by the city for transfer statian disposal . Tonnage over two hundred (200) tons per month will have a set rate of Thirty-nine dollars and four cents ($39 . 04) per ton for � disposal . 3. The City agrees to receive up to one hundred thirty (130) tons of solid waste per weekday. Normal transfer station weekday business hours for this agreement will be from � 6 : 00 AM to 3 :45 PM. 4 . The transfer station will be closed all Saturdays and Sundays and the following holidays : New Years Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veteran' s Day, Thanksgiving Day and Christmas Day, or on the dates on which these holidays are observed. 5 . It is agreed by and between the parties that this agreement does not give Republic Services any advantage over other customers . 6 . The term of this agreement is from the signing date to June 30, 2009 . � 7 . Unless the City Public Works Director notifies Republic Services at least 30 days prior to the end of the contract term of the City' s intent to renegotiate the provisions of this contract, then this contract shall be automatically extended for another one (1) year term subject to the same terms and conditions. This Automatic Renewal provision shall also be in effect during each automatic extension of this contract 8 . This agreement is binding upon the successors and assigns of the parties hereto. � 2 CITY OF CAPE GIR.ARDEAU, MISSOURI � By• Douglas K. Leslie, City Manager ATTEST: By Gayle L. Conrad, City Clerk Republic Services By: ' � DIVIS/d� A�N.4-662 Type Name and Title STATE OF MISSOURI ) ) ss . COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Douglas K. Leslie, to me personally known, who being by me duly sworn, did say that he was � 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. LaDonna Laub, Notary Public My Commission Expires : August 4 , 2011 � 3 STATE OF MISSOURI ) ) ss . � COUNTY OF CAPE GIR.ARDEAU ) On this 30th day of December, 2008, before me appeared Dan Rigazio, to me personally known, who being by me duly sworn, did say that he is a Division Manager of Republic Services, a corporation of the State of Delaware, and that the instrument was signed on behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the free act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the county and state aforesaid, the day and year first above written. �./ � otary Public LaDonna Laub (Typed name of Notary Public MY COMMISSION EXPIRES : �,��,,, �'�PgY PUB , LADONNA LAUB "��NOTARYG�'' �'N Commission Expires �,�S�� :,;= August 4,2011 s' �y ,,OF'M�;�` ' Comm�tt�n7�1��4 4 t.J City of Cape Girardeau, Missouri Office of the City Manager � Council Letter No.09-13 January 5, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Subject: Resolution Authorizing the City Manager to Execute an Agreement with Beasley Waste, Inc. for Use of the City Transfer Station Dear Mayor and Council Members : The Solid Waste Ordinance allows the City to set disposal rates by cont�act at the transfer station for private haulers who regularly us the facility and who regularly dispose of more than twenty (20) tons of solid waste per week. � Beasley Waste, Inc . is a private hauler that regularly uses � the City of Cape Girardeau' s Transfer Station and regularly disposes in excess of twenty tons of solid waste per week. Due to the fact that Beasley Waste routinely hauls in more than 200 tons of solid waste per month, it has been determined that it will be beneficial for the City and Beasley Waste to agree upon a discounted rate to continue the flow into the transfer station. Both the City and Beasley Waste have agreed on the current $43 . 00 per ton gate rate for the first 200 tons per month. Tonnage over 200 tons per month will have a set rate of $39 . 04 per ton for disposal . This agre�ment would be in effect until June 30, 2009 and then will be automatically renewed annually in June each year unless the conditions require renegotiation. It is recommended that the Council approve the attached resolution authorizing the City Manager to execute this agreement . Respectfully submitted, �`r �' Tim Graml ing, P.E.�---� Public Works Director � ,-�SL✓� � Douglas K. Leslie City Manager BILL NO. 09-07 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR SOLID WASTE DISPOSAL RATE FOR BEASLEY WASTE, INC. , FOR USE OF THE CITY TRANSFER STATION, IN THE CITY OF CAPE GIR.ARDEAU, MISSOURI BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIR.ARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement for Solid Waste Disposal Rate for Beasley Waste, Inc . , for use of the City Transfer Station, in the City of Cape Girardeau, Missouri . A copy of said Agreement is attached hereto and made a part hereof . PASSED AND ADOPTED THIS DAY OF , 20 � Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � AGREEMENT FOR � SOLID WASTE DISPOSAL RATE FOR BEASLEY WASTE, INC. This Agreement is made and entered into this day of January, 2009 by and between the City of Cape Girardeau, Missouri, a municipal corporation hereinafter referred to as "City" , and Beasley Waste Inc . of Thebes, Illinois, referred to as "Beasley Waste, Inc . " for and in consideration of the promises and agreements made here and after, the City and Beasley Waste, Inc . agree to bind themselves to the following. l . The City of Cape Girardeau in the Solid Waste Ordinance is allowed to set disposal rates for private haulers in � the excess of twenty (20) tons of solid waste delivered to the transfer station per week. 2 . The parties agree that the first two hundred (200) tons per month that is received and shipped from the transfer station will stay at the current gate rate which is currently Forty three Dollars ($43 . 00) per ton. This may be adjusted periodically by the City Council or through State Fee adjustments or any additional costs incurred by the city for transfer station disposal . Tonnage over two hundred (200) tons per month will have a set rate of Thirty-nine dollars and four cents ($39 . 04) per ton for disposal . � 3 . The City agrees to receive up to one hundred thirty (130) tons of sol id waste per weekday. C�—t-�i nna � � -� t , � e - � r�m,� r . t��.�� # � 4 . Normal transfer station weekday business hours for this agreement will be from 6 : 00 AM to 3 :45 PM. 5 . The transfer station will be closed all Saturdays and Sundays and the following holidays: New Years Day, Martin Luther King Jr. Day, Presidents Day, Memorial Day, Independence Day, Labor Day, Veteran' s Day, Thanksgiving Day and Christmas Day, or on the dates on which these holidays are observed. 6 . It is agreed by and between the parties that this agreement does not give Beasley Waste, Inc. any advantage over other customers . 7 . The term of this agreement is from the signing date to � June 30, 2009 . 8 . Unless the City Public Works Director notifies Beasley Waste, Inc . at least 30 days prior to the end of the contract term of the City' s intent to renegotiate the provisions of this contract, then this contract shall be automatically extended for another one (1) year term subject to the same terms and conditions. This Automatic Renewal provision shall also be in effect during each automatic extension of this contract 9 . This agreement is binding upon the successors and assigns of the parties hereto. � 2 CITY OF CAPE GIR.ARDEAU, MISSOURI � By Douglas K. Leslie, City Manager ATTEST: By Gayle L. Conrad, City Clerk BEASLEY WASTE, INC. By Type Name and Title STATE OF MISSOURI ) ) ss . COUNTY OF CAPE GIRARDEAU ) On this day of , 20 , before me appeared Douglas K. Leslie, to me � personally known, who being by me duly sworn, did say that he was 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. LaDonna Laub, Notary Public � My Commission Expires : August 4 , 2011 3 STATE OF MISSOURI ) � ) ss. COUNTY OF CAPE GIRARDEAU ) On this Day of � 20 , before me appeared , to me personally known, who being by me duly sworn, did say that he is the of Beasley Waste, Inc . , a corporation of the State of Illinois and that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that the instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors, and acknowledged said instrument to be the f ree act and deed of said corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed � my official seal, at my office in the county and state aforesaid, the day and year first above written. (Typed name of Notary Public) My Commission Expires : V 4 CITY OF CAPE GIRARDEAU Office of the City MaHager � Council Letter No. 09-14 Agenda January 5,2009 The Honorable Mayor And Members of the City Council City of Cape Girazdeau, Missouri Re: Accepting FY-08 Assistance to Firefighters gran� Dear Mayor and Council Members: We have recently been notified that the City of Cape Girardeau Fire Department has been awarded a FY-08 Assistance to Firefighters(FIRE Act) grant. This is a highly competitive Department of Homeland Security grant program, administered through the United States Fire Administration. The program is intended to provide funding to assist local fire departments protect the health and safety of the public, as well as fire department personnel. This year's grant program request was for$173,800.00 for improving radio communications infrastructure equipment. The grant funding will replace aging equipment and add new additional equipment that was not covered by County 9-1-1 revenue or the Public � Safety Trust Fund during the recent move of the City's Communications Center. This equipment includes a new main base radio, new main repeater, new VHF comparitor, five remote receivers, two auxiliary base radios, a microwave antenna system, and additional mobile and handheld radios. The grant requires a 10%match of$17,380.00, which will be covered through the Public Safety Trust Fund, returning $156,420.00 of federal grant funding to our City. Therefore, staff recommends that council authorize the City Manager to accept the FY-08 FIRE Act grant and execute all necessary grant documents. Respectfi.�lly submitted, �.� � �. Richard Ennis Fire Chief � �Q✓C;C.QJ � Douglas K. Leslie City Manager � BILL NO. 09-12 RESOLUTION NO. � A RESOLUTION AUTHORIZING THE CITY OF CAPE GIRARDEAU TO ACCEPT THE 2008 ASSISTANCE TO FIREFIGHTERS GRANT FROM THE U. S . DEPARTMENT OF HOMELAND SECURITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to accept the 2008 Assistance to Firefighters (FIRE Act) Grant from the U. S. Department of Homeland Security and is hereby authorized to execute all necessary grant documents . A copy of the Agreement is attached to this Resolution and made a part hereof . PASSED AND ADOPTED THIS DAY OF , 20 � Jay B. Knudtson, Mayor ATTEST: Gayle L. Conrad, City Clerk � , _ . _ �an��Revie�v`-.:: ,: � � page2ofS'`._: � U.S.Department of Homeland Securi(y Washington,D.C.20472 � ��p,r��'��fi g�i� � �$� � � � �<;42` `.�'� .I� �� Mr. Richard Ennis Cape Girardeau Fire Department 1 South Sprigg Street Cape Girardeau, Missouri 63703-6211 Re: Grant No_EMW-2008-FO-09141 Dear Mr. Ennis: On behalf of the Federal Emergency Management Agency(FEMA (DHS), i am pleased to inform you that your grant application submitted under the F )and the Department of Homeland Security Firefighters Grant has been approved. FEMA's Grant Programs Directorate, in consu Administration, carries out the Federal responsibilities of administerin Y 2008 Assistance to totat to$173,800.00. The Federal share is 90 percent or$156,420.00 of the a �tation with the U.S. Fire the costs is 10 percent or$17,380.00. 9 Your grant. The approved project costs pproved amount and your share of As part of your award packa e, understand the Articles as they outline the terms and conditions of your Grant a you will find Grant Agreement Articles. Please make sure you read and documents for your official file. You establish acceptance of the Grant and Grant A � you request and receive any of the Federal Grant funds awarded to ou, Bward. Maintain a copy of these not to deviate from the a p greement Articles when pproved sco e of work without prior written a y Y accepting the grant, you agree If your SF 1199q has been reviewed and a pP�oval from DHS. you should basically request funds when youphave an immediateb'ash needeSepayments online. Remember, due within 30 days). � you have a bill in-hand that is If you have any questions or concems regarding the awards process or how to re ue call the helpdesk at 1-866-274-0960. q st your grant funds, please Sincerely, i i. � 'r �+�.��.�..J� � �� R. David Paulison Administrator � https://portal.fema o��,i�,.�,.....__.,• ,� . _. - ,:. ,.. -. ... ._ ._ ,, , Pariel"'Review"�`" : . : r . �.. , - , _ .. . � page 3 of$ " Agreement Articles ��„� „'�41.RT,�� '� � U.S. Department of Homeland Security �`"'� � �x� � �� Washington, D.C. 20531 R��i-�:Yo��'� �Y�.�. AGREEMENT ARTICLES ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM -Operations and Safety program GRANTEE: Cape Girardeau Fire Department PROGRAM: Operations and Safety AGREEMENT NUMBER: EMW-2008-FO-09141 AMENDMENT NUMBER: TABLE OF CONTENTS Articie I Project Description Article II Grantee Concurrence Article III Period of Performance Article IV Amount Awarded t � Article V Requests for Advances or Reimbursements �`� Article VI Budget Changes Article VII Financial Reporting Article VIII PerFormance Reports Article IX DHS O�cials Article X Other Terms and Conditions Article XI General Provisions Article XII Audit Requirements Article XIII Additional Requirements Article I -Project Description The purpose of the Assistance to Firefighters Program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards.After carefut consideration, DHS has determined that the grantee's project submitted as part of the grantee's application, and detailed in the project narrative as well as the request details section of the application-including budget information.-was consistent with the program's purpose and worthy of award.Therefore, the grantee shall pe�Form the work described in the approved grant application as itemized in the request details section of tf�e application and further described in the grant application's narrative.These sections of the application are made a part of these grant agreement articles by reference.The grantee may not change or make any material deviations from the approved scope of work outlined in the above referenced sections of the application without prior written approval from DHS. However, in keeping with this year's program guidance, grantees that have grant funds left over after completing � the approved scope of work prior to the end of the period of performance have three options for the use of the excess funds: 1)they may return the unused funds to the Federal government, 2)they may use a maximum of , .. „ y-� r---- ----,�__�__��.__,�__ _a�__�....,,._a,.�.._,.,,�...�.,. ,,..,.,,.a .,.,,.v.,,.o ,�„��„- t�i�oi�nnQ , __ , ,:.... _ .->... Fanel'Review` Y� . ,. . : . I�age 4 of 8 , : : $5,000 to expand the activities for which they were awarded, or 3)create or expand an existing fire prevention program. Grantees are encouraged to review the program guidance for more information on this topic. � Article It-Grantee Concurrence By requesting and receiving Fed.eral grant funds provided by this grant program, the grantee accepts and agrees to abide by the terms and conditions of the grant as set forth in this document and the documents identified below. By receiving funds under this grant, gr�ntees agree that they will use the funds provided through the Fiscal Year 2008 Assistance to Firefighters Grant Program in accordance with these Articles of Agreement and the program guidelines provided in the Fiscal Year 2008 Assistance to Firefighters Grants program guidance. The grantee agrees that Federal funds under this award will be used to supplement, but not supplant, State or local funds for first responder preparedness. All documents submiYted as part of the application are made a part of this agreement by reference. Article Ifl-Period of Performance The period of performance shall be from 19-DEC-08 to 18-DEC-09. The grant funds are available to the grantee for obligation only during the period of performance of the grant award. The grantee is not authorized to incur new obligations after the expiration date unless the grantee has requested, and DHS has approved, a new expiration date. The grantee has 90 days after period of performance to incur costs associated with closeout or to pay for obligations incurred during period of performance.Award expenditures are for the purposes detailed in the approved grant application only.The grantee cannot transfer funds or assets purchased with grant funds to other agencies or departments without prior written approval from DHS. Article IV-Amount Awarded � The amount of the award is detailed on the Obtigating Document for Award attached to these articles. Following are the budgeted estimates for each object classes of this grant(including Federal share plus grantee match): Personnel $0.00 Fringe Benefits $0.00 Travel $0.00 Equipment $173,800.00 Supplies $0.00 Contractual $0.00 Construction $0.00 Other $0.00 Indirect Charges $OAO Total $173,800.00 Article V-Requests for Advances or Reimbursements Grant payments under the Assistance to Firefighters Grant Program are made on an advance or reimbursable basis for immediate cash needs. In order to request funds, the grantee must logon to the Fire Grant System using their user id/password (used to submit the application)the grantee fills out the on-line Request for Advance or Reimbursement. If an authorized user needs access to the application but does not have the user id or password, they may be obtained by calling the help desk at 1-866-274-0960. � Article VI-Budget Changes With prior DHS approval, grantees may make changes in funding levels between the object classes(as detailed https://portal.fema.gov/firegrant/j sp/fire_admin/awards/spec/view_award�ackage.do?agr... 12/29/2008 . .... . .. . ....._ . . � :-... .- i..�. ., .. ...... e,: ;R:=P= . _ .;r. .. S�Page 5 of 8 ``Par��t�RevieW , in Article IV above), in order to accomplish the granYs scope of work.The grant's scope of work is outlined in the project narrative and in the request details of the grant application.The provisions of this article are not applicable to changes in the budgeted line-items listed in the request details section of the application as the line-items in the request details section(i.e., scope of work)cannot be changed. �,,,,,�I� Article VII -Financial Reporting The Request for Advance or Reimbursement mentioned above will also be used for interim financial reporting purposes. At the end of the performance period, or upon completion of the grantee's program narrative, the grantee must complete, on-line, a final financial report that is required to close out the grant.The Financial Status Report is due within 90 days after the end of the performance period. Article VIII - Performance Repo�ts The grantee must submit a semi-annual and a final performance repo�t to DHS.The final performance�eport should provide a short narrative on what the grantee accomplished with the grant funds and any benefits derived there from. If a grantee's performance period is extended beyond the initial 12-month period, a periodic pe�formance report is due every six month increment until closeout. Article IX-DHS Officials Program Officer: Tom Harrington, Deputy Director of the Grants Program Office, is the Program Officer for this grant program.The Program Officer is responsible for the technical monitoring of the stages of work and technical performance of the activities described in the approved grant application. Grants Assistance O�cer: Marketa Graham is the Assistance Officer for this grant program. The Assistance Officer is the Federal official responsible for negotiating, administering, and executing all grant business matters. Grants Management Branch POC: Marie Rogers is the point of contact for this grant award and shall be �l contacted for all financial and administrative grant business matters. If you have any questions regarding your grant please call 202-786-9537. Article X-Other Terms and Conditions A. Pre-award costs directly applicable to the awarded grant are allowable if approved in writing by the DHS program office. In order to be reimbursed for items purchased prior to award, grantees must submit a payment request and provide rationale for incurring the costs prior to award.All pre-award expenses should have been disclosed during the award negotiation process. Failure to disclose pre-award expenses during the award negotiation process may affect the costs'eligibility. B. Quotes obtained prior to submittal of the application-for the purposes of applying for this grant-are not considered to be sufficient to satisfy the requirements for competition as outlined in OMB Circular A-110 below. All bidding activities implemented for competition must be sought and obtained after award, i.e., during the period of performance. Grantees may be jeopardizing their awards if the requirements set forth are not adhered to. Article XI-General Provisions The following are hereby incorporated into this agreement by reference: The program's annual Program Guidance. 44 CFR, Ernergency Management and Assistance � Part 7 Nondiscrimination in Federally-Assisted Programs h4tr►c•//rinrtal fema unv/fireurant/icn/fire �dmin/awards/snec/view award nacka�e.do?agr... 12/29/2008 Pan�l"Revrew:,. .. , - �-:,-- _ Page 6 of 8 Part 13 Uniform administrative requirements for grants and cooperative � agreements to state and local governments Government-wide Debarment and Suspension (Non-procurement) Part 17 and Government-wide Requirements for Drug-free Workplace (Grants) Part 18 New Restrictions on Lobbying 31 CFR 205.6 Funding Techniques OMB Circular A-21 Cost Principles for Educational Institutions OMB Circular A-87 Cost Principles for State/local Governments, Indian tribes OMB Circular A-122 Cost Principles for Non-Profit Organizations OMB Circular A- Uniform Administrative Requirements for Grants and Agreements VVith State and Local 102 Governments Assistance to Firefighters Grant Application and Assurances contained therein. OMB Circular A- Uniform Administrative Requirements for Grants and Agreements With Institutions of Higher 110 Education, Hospitals, and Other NonProfit Organizations Assistance to Firefighters Grant Application and Assurances contained therein. Article XII-Audit Requirements All grantees must follow the audit requirements of OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations. The main requirement of this OMB Circular is that grantees that expend � $500,000.00 or more in Federal funds (from all Federal sources)must have a single audit performed in accordance with the circular. As a condition of receiving funding under this grant program, you must agree to maintain grant files and supporting documentation for three years upon the official closeout of your grant. You must also agree to make your grant files, books, and records available for an audit by DHS, the General Accounting Office(GAO), or their duly authorized representatives to assess the accomplishments of the grant program or to ensure compliance with any requirement of the grant program. Article XIII-Additional Requirements (if applicable) Vehicle Awardees: Vehicle awardees for FY 2008 will be required to include an advance payment bond as part of the contract with their vehicle manufacturer.An advance payment bond is like an insurance policy that protects you in the event that the manufacturer with whom you contracted to build your vehicte cannot fulfill the contract, i.e., cannot finish building your vehicle for any reason.An advance payment bond is a financial tool used to guarantee that, in the event of manufacturer/contractor default, funds will be available to finish the construction of your vehicle and ensure its proper operation. From the vehicle grantee's point of view, the insolvency of a contractor during the construction of a vehicle will most likely result in delayed completion of the vehicle, additional expenses for a different manufacturer/contractor to finish the work, or even loss of grant funds. For this reason,we now require manufacturers/contractors to provide a bond from an independent bank, insurance company or bonding agency so that the vehicle grantees can recover damages they may sustain if the manufactu�er/contractors default during the construction of a vehicle. The amount of the bond should be equal to, or greater than, the sum of any payments, compensation and/or consideration provided prior to the defivery of the vehicle. If no down payment is required in the pu�chase contract, an advance payment bond is-not required. � Regardless of whether a perFormance bond is obtained, each vehicle purchase contract must include a performance clause.The performance clause stipulates a certain date when the vehicle will be delivered by the https://portal.fema.gov/firegrant/j sp/fire_admin/awards/spec/view_award�ackage.do?agr... 12/29/2008 ;... _ ,, :� .�_ ..,. __ , .. : p�ge 7�of 8'- Pan�;l'Re�iew "` vendor. If the vendor does not deliver the vehicle by the date stipulated in the performance clause, penalties are administered to the vendor.These penalties should be of a severity sufficient to provide the vendor with incentive to detiver the vehicle at the earliest possible date but no less than$100 per day. � Regional Hosts: Grantees that are the hosts of regional projects as provided for in the annual program guidance are accountable for the equipment purchased with grant funds and disbursed to other first-responder organizations under a memorandum of understanding. Responsibility for maintenance of the equipment may be placed in the hands of the recipient if specifically detineated in the memorandum of understanding between the host and the recipient. Modification to Facilities Requirements: Modification to facility projects(including renovations associated with equipment installations)are subject to all applicable environmental and historic preservation requirements.Applicants seeking assistance to modify their facilities or to install equipment requiring�enovations may undergo additional screening. Specifically, DHS is required to ascertain to what degree the proposed modifications and renovations might affect an applicanYs facility relative to the National Environmental Policy Act, National Historic Preservation Act of 1966, National Flood Insurance Program regulations, and any other applicable laws and Executive Orders. No project that involves a modification to facility can proceed—except for project planning—prior to formal written approval from DHS. If your award includes a modification to a facility,you are responsible for contacting the Program Office so you can be given direction on how to proceed;your contact in the AFG Program Office is Stephen.pezzetti@dhs.gov. Noncompliance with these provisions may jeopardize an applicanYs award and subsequent funding. Grants Management Adjustments to Original Application (if applicable): � � 7_u�_./l�,.a..l C.. ....../�«o..�.�n,�,f/:n.�/�rn nr�m11�I�]�I/9TY�cICf'1Pl�I�TIP\I/ aVVAYf� r�arlraaP r�n�am . 17/79/7n(1R . �,, _, .. .,.�,, . _ 'i'age 8�of 8 FEDERAL EMERGENCY MANAGEMENT AGENCY OBLIGATING DOCUMENT FOR AWARD/AMENDMENT � 1a.AGREEMENT NO. 2.AMENDMENT 3.RECIPIENT NO. 4.TYPE OF 5.CONTROL NO. EMW-2008-FO-09141 NO. 43-6000593 ACTION W462110N � AWARD 6.RECIPIENT NAME AND 7.ISSUING OFFICE AND ADDRESS 8.PAYMENT OFFICE AND ADDRESS ADDRESS Grants Management,Operations Directorate FEMA,Financial Services Branch Cape Girardeau Fire 245 Murray Lane-Building 410,SW 500 C Street,S.W.,Room 723 Department Washington DC,20528-7000 Washington DC,20472 1 South Sprigg Street POC:Marie Rogers 202-786-9537 Cape Girardeau Missouri,63703-6211 9.NAME OF RECIPIENT PHONE NO. 10.NAME OF PROJECT COORDINATOR PHONE NO. PROJECT OFFICER 5733343211 Tom Harrington 1-866-274-0960 Richard Ennis 11.EFFECTIVE DATE OF 12.METHOD OF 13.ASSISTANCE ARRANGEMENT 14.PERFORMANCE PERIOD THIS ACTION PAYMENT Cost Sharing From:19-DEC- To:18-DEC-09 19-DEC-08 SF-270 pg Budget Period From:01-OCT- To:30-SEP-09 08 15.DESCRiPT10N OF ACTION a.(Indicate funding data for awards or finanaal changes) PROGRAM CFOA NO. ACCOUNTING DATA PRIOR AMOUNT CURRENT CUMMULATIVE NAME (ACCS CODE) TOTAI. AWARDED THIS TOTAL AWARD NON- ACRONYM XXXX-XXX-XXX>CXX-XXXXX- AWARD ACTION FEDERAL XXXX-XXXX-X +OR(-) COMMITMENT AFG 97.044 2009-M8-0001GF-25000000- $0.00 $156,420.00 $156,420.00 $17,380.00 4101-0 TOTALS $0.00 $156,420.00 $156,420.00 $17,380.00 � b.To describe changes other than funding data or financial changes,attach schedule and check here. N/A 16a.FOR NON-DISASTER PROGRAMS:RECIP�ENT IS REQUIRED TO SIGN AND RETURN THREE(3)COPIES OF THIS DOCUMENT TO FEMA(See Block 7 for address) Assistance to Firefighters Grant recipients are not required to sign and return copies of this document.However,recipients should print and keep a copy of this document for their records. 16b.FOR DISASTER PROGRAMS:RECIPIENT IS NOT REQUIRED TO SIGN This assistance is subject to terms and conditions attached to this award notice or by incorporated reference in program legislation cited above. 17.RECIPIENT SIGNATORY OFFICIAL(Name and Title) DATE N/A N/A 18.FEMA SIGNATORY OFFICIAL(Name and TiUe) DATE Bertram Mdceithen Jr 12-DEC-08 Go Back � https://portal.fema.gov/firegrant/j sp/fire_admin/awards/spec/view_award�ackage.do?agr... 12/29/2008 , Apphcation Number: EIvIW=2d08=F0=09141 � '� . _ , ,�,.a: - ; . . `Page l of 28 Entire Application � Overview Did you attend one of the workshops conducted by DHS's regional fire program specialist? No, I have not attended workshop *Are you a member, or are you currently involved in the management, of the fire department or non-�liated EMS organization applying for this grant with this application? Yes, I am a member/o�cer of this applicant If you are a grant writer or otherwise not affiliated with this applicant, please complete the information below. If you are a member/officer of this applicant, please do not complete the information requested below.After you are finished press the Save and Continue button below. Preparer Information • Preparer's Narne •Address 1 Address 2 •City •State � ~ZiP - � https://portal.fema.gov/firegrandjsp/fire2008/application/print_app jsp?print=true&app nu... 7/9/2008 �;:. �ts-,a; . : .; .. ' ., , ��Application Number: Eyl�f'V��2�08=F0=09141 ' Page 2 ��2. Contact Information Alternate Contact Information Number 1 � �Titie Fire Chief Prefix N/A �First Name Richard Middle Initial �Last Name Ennis �Business Phone 573-334-3211 Ext. •Home Phone 573-651-4622 Ext. Mobile Phone/Pager 573-275-3137 Fax 573-335-7483 �Email rennis@cifyofcapegirardeau.org Alternate Contact InformatioFl Number 2 •Title Assistant Chief Prefix N/A •First Name Mark Middle Initial •Last Name Hasheider �Business Phone 573-334-3211 Ext. 1 ,� r.J •Home Phone 573-334-1299 Ext. Mobile Phone/Pager Fax 573-335-7483 •Email mhasheider@cityofcapegirardeau.org � - -- � - - - � -- - . . _ . .. . . . ... nrninnnn .,. --:-:. ,�, ,.- -: ..,,. ,._ "�'" App ication Number:EMV�'`=2�08-F0=09'141 " �� ..Page 3 of 28 Applicant information � EMW-2008-FO-09141 Originally submitted on 04/04/2008 by Richard Ennis(Userid:chiefrennis) Contact Information: Address: 1 South Sprigg Street Ciry: Cape Girardeau State: Missouri Zip: 63703 Day Phone: 5733343211 Evening Phone: Cell Phone: 5732753137 Email: rennis@cityofcapegirardeau.org Application number is EMW-2008-FO-09141 R Organization Name Cape Girardeau Fire Department •Type of Applicant Fire Department/Fire District •Type of Jurisdiction Served City If other, please enter the type of Jurisdiction • Employer ldentification Number 43-6000593 • DUNS_Num.b.er 005099366 � Headquarters or Main Station Physical Address �Physical Address 1 1 South Sprigg Street Physical Address 2 •City Cape Girardeau •State Missouri .Z�p 63703-6211 Need_help for ZIP+4? Mailing Address •Mailing Address 1 1 South Sprigg Street Mailing Address 2 •City Cape Girardeau *State Missouri •Zip 63703-6211 Need he�for ZIP+4? Account Information ~Type of bank account Checking �Bank routing number-9 diqit number on the bottom 101000019 left hand corner of your check •Your account number 328001254 � i4dditionallnformation �For this fiscal year(Federal)is your organization No receiving Federal funding from any other grant https://portal.fema.gov/firegrandjsp/fire2008/application/print_app jsp?print=true&app nu... 7/9/2008 .:.. -c;.:�: .: : . . ... . : ,._ ` 'Application Numtier: E1VtW+'�00$=F0-091�41 y Page 4�;2 program that may duplicate the purpose and/or scope of this grant request? •If awarded the AFG grant, will your organization � expend more than$500,000 in Federal funds during No your organization's fiscal year in which this AFG grant was awarded? �Is the applicant delin�uent on__any Federal debt? No If you answered yes to any of the additionat questions above, please provide an explanation in the space provided below: � . � . ;Application Number: EIVIVV=�008-F0-09141 ' _, , --� . :• �� p�ge � of 28 Department Characteristics (Part 1) � 'Are you a member of a Federal Fire Depa�tment or cont�acted by the Federal government and solely No responsible for suppression of fires on Federal property? •What kind of organization do you represent? All Paid/Career If you answered combination, above, what is the % percentage of career members in your organization? If you answered volunteer or combination or paid on- call, how many of your volunteer Firefighters are paid members from another career department? •What type of community does your organization serve? Suburban •What is the square mileage of your first-due 29 response area? •What percentage of your response area is protected o by hydrants? 85 /o �In what county/parish is your organization physically located?If you have more than one station, in what Cape Girardeau county/parish is your main station located? �Does your organization protect critical infrastructure Yes of the state? � �How much of your jurisdiction's land use is for agriculture, wild land, open space, or undeveloped 10 % properties? •What percentage of your jurisdiction's land use is for 45 % commercial, industrial, or institutional purposes? •What percentage of your jurisdiction's land is used 45 % for residential purposes? •How many occupied structures(commercial, industrial, residential, or institutional) in your 17 jurisdiction are more than four stories tall? •What is the permanent resident population of your Pr_.imary/First-Due Response Area or�urisdiction 36852 served? •How many active firefighters does your department 58 have who perForm firefighting duties? • How many stations are in your organization? 4 •Do you currently report to the National Fire Incident Yes Reporting System(NFIRS)? If you answered yes above, please enter your 01603 FDIN/FDID •What services does your organization provide? � Structural Fire Suppression Medical First Response Hazmat Operational Level Basic Life Support Hazmat Technical Level Airport Rescue Firefighting (ARFF) Advanced Life Support Rescue Operational Level https://portal.fema.gov/firegrant/jsp/fire2008/application/print_app jsp?print=true&app nu... 7/9/2008 - , .. .�. : :;.,. ;,. �.. . _, . . . "�. , Application Number: EIVIVV"=�008=F0-09141 '.°- , . , � , _ �� :-P�ge 6 of_ $ ;� .> Formai/Year-Round Fire Prevention ProgramRescue Technical Level � � _ _ �.�/ Applicafion Number: EMW'-2008-F0-09141 Yage 7 of 28 Department Characteristics(Pa�t II) � 2007 2006 2005 •What is the total number of fire-related civilian fatalities in your 0 0 2 jurisdiction over the last three years? �What is the total number of fi�e-related civilian injuries in your 3 2 4 jurisdiction over the last three years? •What is the total number of tine of duty member fatalities in your 0 0 0 jurisdiction over the last three years? •What is the total number of line of duty member injuries in your 3 2 3 jurisdiction over the last three years? •Ove�the last three years, what was your organization's average 4189982 operating budget? •What percentage of your TOTAL budget is dedica#ed to 91 a�a personnel costs(salary, overtime and fringe benefits)? •What percentage of your annual operating budget is derived from: Enter numbers only, percentages must sum up to 100% Taxes? 94 % Grants? 3% Donations? 2 % Fund drives? 0 % Fee for Service? 1 % � Other? 0 % If you entered a value into Other field (other than 0), please explain • How many vehicles does your organization have in each of the types or class of vehicle listed below?You must include vehicles that are leased or on long-term loan as well as any vehicles that have been ordered or otherwise currently under contract for purchase or lease by your organization but not yet in your possession. Enter numbers only and enter 0 if you do not have any of the vehicles below. Total Number of Type or Class of Vehicle Total Number Riding Positions Engines(or Pumpers): Pumper,PumpedTanker,Rescue/Pumper,Foam Pumper,CAFS Pumper,Quint 6 24 (Aerial device of less than 76 feet),Type I,Type II,Type III Engine Tankers: 0 0 Tanker,Tender,Foam Tanker/Tender(greater than 1,250 gallon tank capaaty) Aerial Apparatus: Aerial Ladder Truck.Telescoping,Articulating,Ladder Towers,Platform,Tiller 2 8 Ladder Trudc,Quint(Aeriaf device of 76 feet or greater) Brush/Quick attack : Brush Trudc,Patrol Unit(Pidc up w/Skid Unit),Quidc Attack Unit,Mini-Pumper, 2 6 Type IV,Type V,Type VI Engine Rescue Vehicles: Rescue Squad,Rescue(Light,Medium,Heavy),Technical Rescue Vehide, 1 2 Hazardous Materials Unit � Other: https://portal.fema.gov/firegrant/jsp/fire2008/application/print_app jsp?print=true&app nu... 7/9/2008 . ... . . ... ... . �..� : . h .- � . �:.r. . .. . :',._rx. ..f.�+i.'• ''.":.. . .. ., .....,-. •. �t. ,4p�Iica�ian Number: E1�2�"=�200$-F0=�9141 ` ' ` ` '- � ` Page 8'of 28 EMS Chase Vehide,AiNLight Unit,Rehab Units,Bomb Unit,Techniql Support (Command,Opera6onal Support/Supplyj,Hose Tender,Salvage Trudc,ARFF 7 16 (Aircxaft Rescue Firefighting),Command/Mobile Communiqtions Vehide,Fire Boats(more than 13 feet long),Other Vehicle ( � y��/ � �.r/ � .. ii . � r ir .i ie� ......,,. .. ,. . . . . ., . — —'- -- - - - ' Applicatiori Number: EIvIV�/='2008-F0-09141 '` � ` Page 9'of 28 Department Call Volume � 2007 2006 2005 •How many�esponses per year by categOry?(Enter whole numbers only.If you have no calls for any of the categories,enter 0) Working Structural Fires 71 67 89 False Alarms/Good Intent Calls 613 658 602 Vehicle Fires 48 44 37 Vegetation Fires 31 25 36 EMS-BLS Response Calls 1321 1217 1074 EMS-ALS Response Calls 712 521 460 EMS-BLS Scheduled Transports 0 0 0 EMS-ALS Scheduled Transports 0 0 0 Vehicle Accidents w/o 104 103 150 Extrication Vehicle Extrications 20 19 21 Other Rescue 20 19 11 Hazardous Condition/Materials 173 210 175 Calls Service Calls 396 367 264 Other Calls and Incidents 101 105 86 � Total 3610 3355 3005 What is the total acreage of all 52 108 33 vegetation fires? •Please indicate the number of times your department provides or receives mutual aid. Do not include first-due responses claimed above. In a particular year, how many times does your organization 15 15 12 receive mutual/automatic aid? In a particular year, how many times does your organization 12 10 9 provide mutual/automatic aid? � https://portal.fema.gov/firegrant/jsp/fire2008/application/print_app jsp?print=true&app nu... 7/9/2008 . . . - ,- . , - _. . � .. . ,,. . . �: � :;.:, Applicafion Number: EMW=2008=F0-09`141 �' �age 1 U'iif 28 Request Information � 1. Select a program for which you are applying. If you are interested in applying under both Vehicle Acquisition � and Operations and Safety, and/or regional application you will need to submit separate applications. (If you modify your selection,you will fose data entered under the original ac�tivity.) Program Name Operations and Safety •2. Will this grant benefit more than one organization? Yes If you answered Yes to Question 2 above, please explain. While the communications equipment requested in this proposal is for the Cape Girardeau Fire Department, it will improve our interoperability capabilities including the direct dispatching of automatic mutual aide with our neighboring departments, communicating with our neighboring departments during mutual aide resposnes, and communicating directly with other local, regional, state, and federal agencies during responses to significant or catastrophic incidents. • 3. Enter Grant-writing fee associated with the preparation of this request. Enter 0 if there is no fee. $0 Request Details The activities for program Operations and Safety are listed in the table below. Activity Number of Entries Total Cost Additional Funding �1,,,,,�,,/� Equipment 8 $ 173,800 $0 Modify Facilities 0 $0 $0 Personal Protective Equipment 0 $0 $0 Training 0 $0 $0 Wellness and Fitness Programs 0 $ 0 $0 Grant-writing fee associated with the preparation of this request. $0 Equipment Equipment Details 1"`.Are all of your active firefighters trained to NFPA 1001 or Yes equivalent(Firefighter I/Firefighter 11, or essentials)? If not, will you be asking for training funds for this purpose with this application or will you obtain the appropriate t�aining through other sources (if not, please address this training issue in your na�rative)? 2*. What equipment will you purchase with this grant? Repeaters Please provide further description of the item selected above or if you selected Other above, please spec'rfy. 3". Number of units 1 (whole number only) � 4*. Cost per unit $ 17000 (whole dollar amounts only) 5'`. Generally the equipment purchased under this grant program is: . LaaY,_.//�.._a..1F.. �.,_./�_.,.._.._��/1_�/G__nnno/-----��—`---�----` ---- --_n . • . . n .,i..i....,..., ,:. . ' Application Number: EIVIVV'2008-F0-09141 " �Page 1'l.of 28 The equipment will replace old, obsolete, or substandard equipment currently owned by your organization � If you selected"replacing equipmenY'(from Q5)above, please 5 Years specify the age of equipment in years. . 6"'. Generally the equipment purchased under this grant program: Will bring the organization into statutory compliance. Please explain FCC Regulations regarding band width how this equipment will bring the organization into statutory and P25 standards. compliance in the space provided to the right. 7*. Does this equipment provide a health and safety benefit to the Yes members of your organization? If yes, please fully explain in the narrative section. 8". Will the item requested benefit other organizations or otherwise Yes be available for use by other organizations? If you answered Yes in the question above, please explain: This will enhance our interoperability capabilities including allowing for direct dispatching of automatic mutual aide and communications with other local, regional, state and federal agencies during incident response and training exercises. 9'`.Will this equipment be used for wildland firefighting purposes? No 10�. Is your department trained in the proper use of the equipment Yes being purchased with grant funds? If not, will you be asking for training funds for this purpose with this � application or will you obtain the appropriate training through other sources? Equipment Equipment Details 1'`.Are all of your active firefighters trained to NFPA 1001 or Yes equivalent(Firefighter I/Firefighter II, or essentiats)? If not,will you be asking for training funds for this purpose with this application or wil�you obtain the appropriate training through other sources (if not, please address this training issue in your narrative)? I 2*.What equipment will you purchase with this grant? Base Station I Please provide further description of the item selected above or if you selected Other above, please specify. 3"_ Number of units 1 (whole number only) i 4'`. Cost pe�unit $ 21000 (whole dollar amounts only) 5*. Generally the equipment purchased under this grant program is: I The equipment will replace old, obsolete, or substandard equipment currently owned by your organization I � If you selected"replacing equipment"(from Q5)above, please Over 5 Years specify the age of equipment in years. j h s:// ortal.fema. ov/fire ant/'s /fire2008/a lication/ rint a .�s ? rint=true&a p nu... 7/9/2008 � p g �' JP PP P _ PPJPP P _ , �,.. � .:: ... ,_ : . ,_._, , .:�. Application'Number: EMV�2008-FO-09141 ` � ` "` Page 12"of 28 6'. Generaliy the equipment purchased under this grant program:. Will bring the organization into statutory compliance. Please explain FCC Regulations regarding band width t , how this equipment will bring the organization into statutory and P25 standards. �� compliance in the space provided to the right. 7''. Does this equipment provide a health and safety benefit to the Yes members of your organization? If yes, please fully explain in the narrative section. 8".Will the item requested benefit other organizations or otherwise Yes be available for use by other organizations? If you answered Yes in the question above, ptease explain: This will enhance our interoperability capabilities including allowing for direct dispatching of automatic mutual aide and. communications with other local, regional, state and federal agencies during incident. response and training exercises. 9*.Will this equipment be used for wildland firefighting purposes? No 10". Is your department trained in the proper use of the equipment Yes being purchased with grant funds? If not, will you be asking for training funds for this purpose with this application or will you obtain the appropriate training through other sources? Equipment � Equipment Details 1*.Are all of your active firefighters train�d to NFPA 1001 or Yes equivalent(Firefighter I/Firefighter II, or essentials)? If not, will you be asking for training funds for this purpose with this application or will you obtain tF�e appropriate training through other sources(if not, please address this training issue in your narrative)? 2'`:What equipment will you purchase witF�this grant? Other Communications(explain) Please provide further description of the item selected above or if VHF Comparitor you selected Other above, please spec'ify. 3*. Number of units 1 (whole number only) 4". Cost per unit $ 18000 (whole doltar amounts only) 5*.Generally the equipment purchased under this grant program is: The equipment will replace old, obsolete, or substandard equipment currently owned by your organization If you selected"replacing equipment"(from Q5)above, please Over 5 Years specify the age of equipment in years. 6*. Generally the equipment purchased under this grant program: Will bring the organization into statutory compliance. Please explain FCC Regulations�ega�ding band width how this equipment will bring the organization into statutory and P25 standards. �� ) compliance in the space provided to the right. �;,,! 7'`.Does this equipment provide a health and safety benefit to the Yes members of your organization? If yes, please fully explain in the Applic�tion Number: EMW=2008-F0-09141 = � � Page 13 of 28 narrative section. � 8".Will the item requested benefit other organizations or otherwise Yes be available for use by other organizations? If you answered Yes in the question above, please explain: This will enhance our interoperability capabilities including allowing for direct dispatching of automatic mutual aide and communications with other local, regional, state and federal agencies during incident response and training exercises. 9".Will this equipment be used for wildland firefighting purposes? No 10*. Is your department trained in the proper use of the equipment Yes being purchased with grant funds? If not, will you be asking for training funds for this purpose with this application or will you obtain the appropriate training through other sources? Equipment Equipment Details 1". Are all of your active firefighters trained to NFPA 1001 or Yes equivalent(Firefighter I/Firefighter II, or essentials)? If not, will you be asking for training funds for this purpose with this � application or will you obtain the appropriate training through other sources(if not, please address this training issue in your narrative)? 2*.What equipment will you purchase with this grant? Other Communications (explain) Please provide further description of the item selected above or if Remote Receivers you selected Other above, please specify. 3'`. Number of units 5 (whole number only) 4". Cost per unit $ 7000 (whole dollar amounts only) 5'`. Generally the equipment purchased under this grant program is: The equipment will replace old, obsolete, or substandard equipment currently owned by your organization If you selected "replacing equipmenY'(from Q5)above, please Over 5 Years specify the age of equipment in years. 6*. Generally the equipment purchased under this grant program: Will bring the organization into statutory compliance. Please explain FCC Regulations regarding band width how this equipment will bring the organization into statutory and P25 standards. compliance in the space provided to the right. 7*. Does this equipment provide a health and safety benefit to the Yes members of your organization? If yes, please fully explain in the narrative section. 8*.Will the item requested benefit other organizations or otherwise Yes be available for use by other organizations? � If you answered Yes in the question above, please explain: This will enhance our interoperability capabilities including allowing for direct dispatching of automatic mutual aide and https://portal.fema.gov/firegrandjsp/fire2008/application/print_app jsp?print—true&app_nu... 7/9/2008 , . . . � �pp�ication Number: EIVI�V=2008-F0-09141 ` �Page 14`of 28 communications with other local, regional, state and federal agencies during incident response and training exercises. ! 1 �rrr 9*.Will this equipment be used for wildland firefighting purposes? No 10*. Is your department trained in the proper use of the equipment Yes being purchased with grant funds? If not,will you be asking for training funds for this purpose with this application or will you obtain the appropriate training through other sources? Equipment Equipment Details 1*. Are all of your active firefighters trained to NFPA 1001 or Yes equivalent(Firefighter I/Firefighter II, or essentials)? If not,will you be asking for training funds for this purpose with this application or will you obtain the appropriate training through other sources (if not, please address this training issue in your narrative}? 2". What equipment will you purchase with this grant? Base Station Please provide further desc�iption of the item selected above or if Consolettes you selected Other above, please specify. 3*. Number of units 2 (whole number only) 4". Cost per unit $ 5000 (whole dollar amounts only) �,,;,,,/� 5*. Generally the equipment purchased under this grant program is: The equipment will increase your organization's capabilities within existing mission areas or to address a new risk If you selected"replacing equipment"(from Q5)above, please Select Age specify the age of equipment in years. 6". Generally the equipment purchased under this grant program: Will bring the organization into voluntary compliance with a national NFPA 1221, Standard for Emergency standard, e.g. compliance with NFPA, OSHA, etc. Please explain Services Communieations Systems, how this equipment will bring the organization into voluntary NFPA 1710.6.4, r�garding reliable compliance in the space provided to the right. communication systems, and NFPA 1561.6.1,addressing multiple frequencies for dispatch and tactical operations. 7*. Does this equipment provide a health and safety benefit to the Yes members of your organization? If yes, please fully explain in the narrative section. 8"_Will the item requested benefit other organizations or otherwise Yes be available for use by other organizations? If you answered Yes in the question above, please explain: This will enhanee our interoperabitity capabilities including allowing for communications with other local, regianal, � state and federal agencies during incidenf response and training exercises. Application Number: EMW-2008-FO-09141 Page 15 of 28 9". Will this equipment be used for wildland firefighting purposes? No 10". Is your department trained in the proper use of the equipment No � being purchased with grant funds? If not, will you be asking for training funds for this purpose with this No application or will you obtain the appropriate training through other sources? Equipment Equipment Details 1"'.Are all of your active firefighters trained to NFPA 1001 or Yes equivalent(Firefighter I/Firefighter II, or essentials)? If not, will you be asking for training funds for this purpose with this application or will you obtain the appropriate training through other sources (if not, please address this training issue in your narrative)? 2*.What equipment will you purchase with this grant? Other Communications(explain) Please provide further description of the item selected above or if 4.9 public safety microwave system to you selected Other above, please specify. link remote receivers and main tra nsm itter/receiver 3*. Number of units 1 (whole number only) 4"`. Cost per unit $ 21000 (whole dollar amounts only) 5'`. Generatly the equipment purchased under this grant program is: � The equipment will increase your organization's capabilities within existing mission areas or to address a new risk If you selected "replacing equipmenY' (from Q5) above, please Select Age specify the age of equipment in years. 6*. Generally the equipment purchased under this grant program: Will bring the organization into voluntary compliance with a national NFPA 1221, Standard for Emergency standard, e.g. compfiance with NFPA, OSHA, etc. Please explain Services Communications Systems, how this equipment will bring the organization into voluntary NFPA 1710.6.4, regarding reliable compliance in the space provided to the right. communication systems, and NFPA 1561.6.1, addressing multiple frequencies for dispatch and tactical operations. 7". Does this equipment provide a health and safety benefit to the Yes members of your organization? If yes, please fully explain in the narrative seetion. 8". Will the item requested benefit other organizations or otherwise Yes be available for use by other organizations? If you answered Yes in the question above, please explain: This will enhance our interoperability capabilities including allowing for direct dispatching of automatic mutual aide and communications with other local, regional, � state and federal agencies during incident response and training exercises. 9*.Will this equipment be used for wildland firefighting purposes? No https://portal.fema.gov/firegrantfjsp/fire2008/application/print_app jsp?print=true&app nu... 7/9/2008 „ ,:< , :.,,. ,, .. � - Application Number: EN1W-200�8-FO-09141 � Page 16 of 28 10”. Is your department trained in the proper use of the equipment No being purchased with grant funds? � If not, will you be asking for training funds for this purpose with this No �,,� application or will you obtain the appropriate training through other sources? Equipment Equipment Details 1".Are all of your active firefighters trained to NFPA 1001 or Yes equivalent(Firefighter I/Firefighter II, or essentials)? If not, will you be asking for training funds for this purpose with this application or will you obtain the appropriate training through other sources(if not, please address this training issue in your narrative)? 2`. What equipment will you purchase with this grant? Portable Radios Please provide further description of the item selected above or if you selected Other above, please specify. 3*. Number of units 8 (whole number only) 4". Cost per unit $ 4000 (whole dollar amounts only) 5'`. Generally the equipment purchased under this grant program is: The equipment will increase your organization's capabilities within existing mission areas or to address a new � risk If you selected "replacing equipmenY'(from Q5)above, please Select Age specify the age of equipment in years. 6"'. Generally the equipment purchased under this grant program: Will bring the organization into statutory compliance. Please explain FCC regulations regarding band width how this equipment will bring the organization into statutory P25 standards compliance in the space provided to the right. 7". Does this equipment provide a health and safety benefit to the Yes members of your organizafion? If yes, please fully explain in the narrative section. 8*.Will the ifem requested benefit other organizations or otherwise Yes be available for use by other organizations? If you answered Yes in the question above, please explain: This will enhance our inte�operability capabilities including allowing for direct communications with neighboring departments during automatic mutuaf aide responses and communications with other local, regional, state and federal agencies during incident response and training exercises. 9*.Will this equipment be used for wildland firefighting purposes? No 10". Is your department trained in the proper use of the equipment Yes � being purchased with grant funds? If not, will you be asking for training funds for this purpose with this ,.: Applieation Number: EMW-2008-F0-09141 ` . ` Page 17 of 28 application or will you obtain the appropriate training through other sources? � Equipment Equipment Details 1*.Are all of your active firefighters trained to NFPA 1001 or Yes equivalent(Firefighter I/Firefighter II, or essentials)? If not,will you be asking for training funds for this purpose with this app�ication or will you obtain the appropriate training through other sources(if not, please address this training issue in your narrative)? 2'.What equipment will you purchase with this grant? Mobife Radios Ptease provide further description of the item selected above or if you selected Other above, please specify. 3*. Number of units 6 (whole number only) 4*. Cost per unit $ 3300 (whole dollar amounts only) 5*. Generally the equipment purchased under this grant program is: The equipment will increase your organization's capabilities within existing mission areas or to address a new risk � If you selected "replacing equipmenY'(from Q5)above, please Select Age specify the age of equipment in years. 6'`. Generally the equipment purchased under this grant program: Will bring the organization into statutory compliance. Please explain FCC regulations regarding band width how this equipment will bring the organization into statutory P25 standards comptiance in the space provided to the right. 7*. Does this equipment provide a health and safety benefit to the Yes members�f your organization? If yes, please fully explain in the narrative section. 8*.Will the item requested benefit other organizations or otherwise Yes be available for use by other organizations? If you answered Yes in the question above, please explain: This will enhance our interoperability capabilities including allowing for direct communications with neighboring departments during automatic mutual aide responses and communications with other local, regional, state and federal agencies during incident response and training exe�cises. 9".Will this equipment be used for wildland firefighting purposes? No 10". Is your department trained in the proper use of the equipment Yes being purchased with grant funds? If not,will you be asking for training funds for this purpose with this � application or will you obtain the appropriate training through other sources? https://portal.fema.gov/firegrant/jsp/fire2008/application/nrint aUU.18U?1)I1rit=triiP�LaUU nu... 7/9/2008 Applic�tion Number: EM�V-2008-F0-09141 J Page l'8 of 28 Budget � Budg_e_.t_Object Class. a. Personnel $� b. F�inge Benefits $� c.Travel $ � d. Equipment $ 173,800 e. Supplies $� f. Contractual $� g. Construction $� h. Other $� i. Indirect Charges $ � Federal and Applicant Share Federal Share $ 156,420 Applicant Share $ 17,380 Federal Rate Sharing(%) 90/10 � 'NOn-Fede�al ReSouPCeS (The combined Non-Federal Resources must equal the Applicant Share of $17,380) a. Applicant $ 17,380 b. State $� c. Local $a d. Other Sources $� If you entered a value in Other Sources other than zero(0), include your explanation below. You can use this space to provide information on the project, cost sf�are match, or if you have an indirect cost agreement with a federal agency. Total Budget $ 173,80Q � Appiication Number: EMW-2008-F0-0914�1 ' � � Page`i 9 of 28 Narrative Statement � Project Description 'Please indicate which of these Target Capabilities your request outlined in this application will satisfy. Check all that apply: Responder Safety and Health Firefighting Operations/Support Communications *Please provide your narrative statement in the space provided below. Include in your narrative, details regarding(1)your projecYs description and budget, (2)your organization's financial need, (3)the benefit to be derived from the cost of your project, and (4) how the activities requested in your application will help your organization's daily operations and how this grant will protect life and property. PROPOSED PROJECT BACKGROUND:The City of Cape Girardeau is a historic river town located in the Southeast Missouri. The city is nestled between the Mississippi River and Interstate 55, about halfinray between St. Louis and Memphis. The City of Cape Girardeau is a very economically and ethically diverse community of 36,852 residents. Home to Southeast Missouri University, two regional hospitals, a municipal airport, and multiple mercantile, entertainment, and medical facilities, Cape's population nearly triples each day. Fire, emergency medical and emergency management services are delivered to the community by the Cape Girardeau Fire department. The department consists of 59 total personnel divided into three platoons operating from fou�fire stations located throughout the city. As the largest community in Southeast Missouri, the size and location of the city naturally makes the City of Cape Girardeau a regional hub.The fire department, therefore, is in the position to be a regional leader in the preparation and response to major incidents. Critical infrastructure in and around the city include the following: � The Mississippi River, Interstate 55 and a major north-south rail line;The Bill Emerson Memorial Bridge, a $100 million dollar suspension bridge spanning the river connecting Missouri and Illinois(the only such bridge within 80 miles and key to the possible addition of a major east-west interstate highway in the future); a new$49 million federal courthouse in the center of our downtown; a $6 million renovation project converted a historic downtown hotel into state offices in support of the federal courthouse; SEMO Port Authority, handling thousands of shipped goods annually by barge, train, and truck; Southeast Missouri State University, an 8500 student facility including four twelve story dormitories, a library/archives center, and a self-reliant electric power facility; the River Campus, the performing arts center of the University, consisting of a restored historic seminary building and a brand new state of the art 950 seat theatre; the Show-Me Center, a 7500 seat auditorium hosting a variety of sporting events, concerts, and trade shows; regional water, phone, and natural gas facilities;fuel pipelines;a regional postal distribution center; a regional airport; several large industrial and agricultural facilities;and a multitude of banking and financial institutions and state and local government offices. If this list alone does not create concern regarding critical infrastructure, please considee that Cape Girardeau sits on the banks of the mighty Mississippi River, in the middle of the famed"tornado alley", and just north of the New Madrid fault line.Therefore, the entire region is subject to significant natural disaster such as floods, tornadoes, and earthquakes. In fact, an earthquake along the New Madrid fault is one of the more significant events on the National Preparedness Goal's list of National Planning Scenarios, which lists"plausible, high- consequence scenarios that would stretch the Nation's prevention and response capabilities". With the critical infrastructure listed above, along with the dense concentration of multi-family residences located in this environment, we are not concerned whether"if we will ever have a major disaster, but"when"such an inevitable event will occur. Services provided by the Cape Girardeau Fire Department extend beyond our City limits. Since 1986, our department has been contracted through a formal mutual aide agreement to provide"special heavy rescue services"to the entire county in exchange for assistance during multiple alarm fires. No additional funding is received for these services. Cape Girardeau County, consists of an additional 68,700 people living in 575 square miles of predominantly naral area. Fire protection throughout the county is provided by two other municipal fire � departments and seven individual fire protection districts with which we work through mutual aide and automatic aide agreements. Beyond the county, our department participates in regional responses as well.The Cape Girardeau Fire Department helps provide technical rescue capabilities to the Southeast Missouri Regional Homeland Security Response Team. Since 2004, we have received over$100,000 from federal and state grants httns://nortal.fema.�ov/fireerandisn/fire2008/annlicadon/nrint annisn?nrint=true&ann nu___ 7/9/��nR AppTication Number: EMW-2008-FO-09141 ' � Page 20 of 28 to assist in obtaining equipment and training. Finally,we are the primary first responder to any incident on the Mississippi River for approximately 60 miles(30 miles upstream and 30 miles downstream). � THE PROBLEM: Communications is a key to delivering effective, efficient, and safe emergency services in any community, region, or state.Whether it be daily communications within our department or interoperable communications between agencies, our depa�tment must have reliable, modern, and compliant communications equipment to meet the challenges we are faced with protecting our own citizens and critical infrastructure as well as assisting with the protection of that in our region. However, our current communications infrastructure is aged and fast becoming obsolete and has been subject to intermittent failures at critical times. In the past 18 months, the fire department has been tasked with greater�esponsibility for the city's public safety communications.The public safety 9-1-1 communications center has been shifted to the fire departmenYs oversight, as well as our budget. As the Ciry's emergency management authority, we are looked at to take the lead in addressing interoperability issues within the city, and on behalf of the city within the region and the state.While trying to upgrade our communications system to meet our own critical needs,we must also meet looming FCC regulations regarding band width and Project 25 standards.And, we must ensure our upgrades align with the State of Missouri's proposed Strategic Communications Interoperability Plan (SCIP). In 2004,we were able to begin upgrading our communications equipment through local funding and the assistance of federat and state grants.We began by concentrating on our mobile and portable radios, purchasing 12 mobile radios and 44 portable radios.All of these radios are narrow band and Project 25 compliant. We have also been able to begin upgrading our Computer Aided Dispatch equipment with loca� funding designated specifically for that purpose.At this point,we have very limited resources to begin upgrading vital communications infrastructure such as base stations, repeaters, comparitors, remote receivers, microwave links, and a few additional mobile and portable radios needed to meet our growing needs. PROJECT DETAILS and BUDGET:The Cape Girardeau Fire Depa�tment is proposing a project to improve our communications infrastructure to support the advances we have made thus far with our mobiles and portables. Our goals include the following: improve the reliability and redundancy of our system to improve firefighte�safety and enhance daily operations; improve our interoperable communications capabilities with other local, regional, state, and federal agencies; meet FCC regulations regarding band width and Project 25 standards ; and, align � our project with the State's proposed SCIP. Due to the topography of our community, the expansion of our city's borders, and the many structures mentioned above in our list of critical infrastructure, adequate radio coverage is a challenge for us. To achieve the goals of this project and assure adequate communications coverage,we have identified replacing or adding the following equipment: (1)VHF Base Station (dual receive)at$21,000; (1)VHF Repeater at$17,000; (1)VHF Comparitor at$18,000; (5) remote receivers to adequately cover our geographical area and topography at $7,000 each; (2)consolette base radios to monitor multiple interoperability frequencies at$5,000 each; (6) additional high power mobile radios at$3,300 each;and, (8)ruggedized portable radios complete with charger at$4,000 each all to be placed on our regional technical rescue response apparatus.We have also included a 4.9 public safety microwave system, at$21,000, to link the five remote receiver sights to the main transmitter/receiver without the need for phone lines and the ongoing costs associated with them.The total funds requested equal $173,800.These prices are our best estimates based on information provided through our local Motorola vendor based on current Missouri State eontract. FINANCIAL NEED:The City of Cape Girardeau is in the Mississippi Delta Region, a federally recognized economically distressed area.The city is currently funded through a 2% local sales tax, and a very smalf property tax that generates$0.37 for every$1000 of property valuation. Data provided by the City's Finance Department show that the General Fund (from which the fire dept operates)revenues have grown an average of 3% per year over the past 5 years, and are projected to grow an average of 2%a year for the next five years. However, total operating expenditures from the general fund have increased nearly 4% per year over the past five years. Finance is advising we will have to maintain expenditure growth at 2%or less.These figures, once considered conservative, are now being viewed as optimistic with the current state of the economy and the heavy reliance the State of Missouri forces local municipalities to have on sales tax revenue. In June of 2004,voters approved a'/, cent sales tax to make improvements to the city's fire and police departments. Funds generated by this tax have already been designated for salary inereases and encumbered � in bonds for the long over-due purchases of a new front line apparatus and police cars, safety equipment, radio equipment listed above,and a new Fire Station/EOC/Dispatch center.The City's budget, and the fire department's budget, is only sufficient to cover essential operational costs and minor capital purchases �Application Number: ENI'�V=2008-F0-09141 � �Page 21 of 28 ! (including covering low-percentage grant matches), but no major capitol purchases. � COST-BENEFIT: This project will enhance our regional capabilities by providing for better coverage to allow the direct dispatching of automatic mutual aide, continue to enhance our communications capabilities with other agencies, provide us with radio coverage up and down the Mississippi River;and allow for communications with state agencies through state-wide frequencies such as the Missouri Tactical (MTAC)frequency, and our state-wide fire mutual aide frequency.This project is also designed to align with the State of Missouri's proposed SCIP including purchasing equipment that can be programmed to accommodate the possible future utilization of VHF digital trunking.All proposed equipment will meet FCC narrow band and Project 25 mandates. Finally, this project will enhance our ability to respond to an array of possible incidents within our region involving all hazards including technical �escues due to natu�al or man-made disasters and any CBRNE incidents we respond to afong with the SEMO HSRT. All equipment purchased woufd be capable of accepting upgrades for future technological advances.All equipment will be purchased through the City's bid process to ensure the lowest and best price.Any contract would include performance requirements and include penalties for non-compliance with these requirements. Updated equipment will reduce reoccurring maintenance costs currently associated with keeping our aged infrastructure functioning. DAILY IMPACT: The greatest impact of this investment includes the improved safety afforded our firefighters through a more reliable, upgraded communications system on a daily basis. While we have been able to upgrade our mobile and portable radios, the heart and sout of our communications system—iYs infrastructure— remains inadequate. In recent years, we have experienced system failures compromising our communications at critical times. Most every post-incident analysis points to radio communications as a problem, most commonly dealing with inadequate coverage and our command officers' reluctance to switch to tactical frequencies because of our communications center's inability to monitor and record such frequencies. Our upgrades will help us meet the requirements of NFPA 1221, Standard for Emergency Services Communications Systems, NFPA � 1701.6.4, addressing"reliable communications system to facilitate the prompt delivery of emergency services", and NFPA 1561.6.1, addressing reliable communications system to include multiple frequencies for dispatch ' and tactical operations. Our proposed equipment will improve on-scene radio communications and allow our communications center to receive and record tactical channels.This grant award would allow the Cape Girardeau Fire Department to finally complete our communications equipment upgrade that we began in 2004. SUMMARY:The Cape Girardeau Fire Department personnel believe we have proposed a solid project that meets both the letter and intent of the 2008 Assistance to Firefighter Grant Program priorities.This grant award would give a group of very enthusiastic and dedicated firefighters the resources they need to deliver improved services to our community, as well as our region, in a much safer manner. Therefore,we feel this project would be a wise investment by the Department of Homeland security in the future safety of Southeast Missouri.Thank you for your time and consideration in this extremely difficult task you are faced with. *Please describe all grants that you have received from DHS including any AFG grants received from DHS or FEMA, for example, 2002 AFG grant for vehicle or 2003 ODP grant for exercises. (Enter"N/A"if Not Applicable) FY-07 SAFER grant to hire three additional firefighters; 2005 AFG for diesel extraction and automatic sprinkler systems; 2004 AFG-Prevention Grant for smoke alarm program; 2003 AFG for SCBA, radios, and Tech Rescue equipment and training. � httns://nortal.fema.eov/fire�randisn/fire2008/annlication/nrint ann_i�n?nrint=M�P.Rr.a»n nn �i9i�nnu Application Number: EMW-2008-FO-09141 ` ` � Page 22 of 28 Assurances and Certifications V Form 20-16A You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an"are required. Assurances Non-Construction Programs Note: Certain of these assurances may not be applicable to your project or program. If you have any questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and the institutional, managerial and financial capability(including funds sufficient to pay the non-Federal share of project costs)to ensure proper planning, management and completion of the project described in this application. 2. Will give the awarding agency, the Comptroller General of the United States, and if appropriate, the State,through any authorized representative, access to and the right to examine all records, books, papers,or documents related to the award; and will establish a proper accounting system in accordance with generally accepted accounting standards or � agency directives. 3. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal gain. 4. Will initiate and complete the work within the applicable time frame after receipt of approval of the awarding agency. 5. Will comply with the Intergovernmental Personnel Act of 1970(42 U.S.C.Section 4728-4763) relating to prescribed standards for merit systems for programs funded under one of the nineteen statutes or regulations specified in Appendix A of OPM's Standards for a Merit System of Personnel Administration(5 C.F.R.900, Subpart F). 6. Will comply with all Federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352)which prohibits discrimination on the basis of race, color or national origin; (b)Title IX of the Education Amendments of 1972, as amended(20 U.S.C. Sections 1681-1683,and 1685-1686),wk�ich prohibits discrimination on the basis of sex; (c)Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. Section 794),which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975, as amended (42 U.S.C.Sections 6101- 6107),which prohibits discrimination on the basis of age;(e)the Drug Abuse Office and T�eatment Act of 1972(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (fl the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970(P.L.91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (g)Sections 523 and 527 of the Public Health Service Act of 1912(42 U.S.C. 290-dd-3 and 290-ee-3), as amended, retating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Acts of 196f3(42 U.S.C. Section 3601 et seq.), as amended, relating to oondiscrimination in the sale, rental or financing of housing; (i)any other nondiscrimination provisions in the specific � statute(s)under which application for Federal assistance is being made; and(j)the requirements of any other nondiscrimination statute(s)which may apply to the application. 7. Will comply, or has already complied,with the requirements of Title 11 and III of the Uniform i . Application Number: EIvIW-2008-FO-0914 T ` � � �� ' � � Page 23 of 28 Relocation Assistance and Real Property Acquisition Policies Act of 1970(P.L.91-646) which provide for fair and equitable treatment of persons displaced or whose property is � acquired as a result of Federal or Federally assisted programs.These requirements apply to all interest in real property acquired for project purposes regardless of Federal participation in purchases. 8. Will comply with provisions of the Hatch Act(5 U.S_C. Sections 1501-1508 and 7324-7328), which limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 9. Will comply, as applicable, with the provisions of the Davis-Bacon Act(40 U.S.C. Sections 276a to 276a-7), the Copeland Act(40 U.S.C. Section 276c and 18 U.S.C. Sections 874), and the Contract Work Hours and Safety Standards Act(40 U.S.C. Sections 327-333), regarding labor standards for Federally assisted construction sub agreements. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973(P.L. 93-234)which requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is$10,000 or more. 11. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190)and Executive Order(EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c)protection of wettands pursuant to EO 11990; (d) evaluation of flood hazards in flood plains in accordance with EO 11988;(e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. Section 1451 et seq.); (�conformity of Federal actions to State(Clean Air) Implementation Plans under Section 176(c)of the Clean Air Act of 1955, as amended (42 U.S.C. Section 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended, (P.L. 93- 523); and (h) protection of endangered species under the Endangered Species Act of 1973, � as amended, (P.L. 93-205). 12. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C. Section 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 13. Witl assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593(identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 14. Will comply with P.L. 93-348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 15. Will compty with the Laboratory Animal Welfare Act of 1966(P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.)pertaining to the care, handling, and treatment of warm blooded animals hetd for research, teaching, or other activities supported by this award of assistance. 16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. Section 4801 et seq.)which prohibits the use of lead based paint in constr�ction or rehabilitation of residence structures. 17. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of 1984. 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations and policies governing this program. 19. It will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act(29 U.S.C. 201), as they apply to employees of institutions of higher education, hospitals, and other non-profit organizations. � }lt'f'11C•//nnrtal fPma onv/firPvrant/icr►/frP7(1(1R/arir�liratinn/r�rint �r�r� ior��Irrin4=4r�inR.�r�r� n.� �ioi�nno Application Number: EMW-2008-F0=09141 ° Page'24 of 28 Signed by Richard Ennis on 04/0412008 � � `r:J _ � ' 'ApplYcation Number: E1VIW-2008-FO-09141 ' � ''`' ` •� -` ` � - Page'25 of 28 Form 20-16C � You must read and sign these assurances by providing your password and checking the box at the bottom of this page. Note: Fields marked with an *are required. Certifications Regarding Lobbying, Debarment, Suspension and Other Responsibility Matters and Drug-Free Workplace Requirements. Applicants should refer to the regulations cited below to determine the certification to which they are required to attest. Applicants should also review the instructions for certification included in the regulations before completing this form. Signature on this form provides for compliance with certification requirements under 44 CFR Part 18, "New Restrictions on Lobbying; and 44 CFR Part 17, "Government-wide Debarment and Suspension (Non-procurement)and Government-wide Requirements for Drug-Free Workplace (Grants)."The certifications shall be treated as a mate�ial representation of fact upon which reliance will be placed when the Department of Homeland Security(DHS)determines to award the covered transaction, grant, or cooperative agreement. 1. Lobbying A.As required by the section 1352, Title 31 of the US Code, and implemented at 44 CFR Part 18 for persons (entering)into a grant or cooperative agreement over$100,000, as defined at 44CFR Part 18, the applicant certifies that: (a) No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with the making of any Federal grant, the entering into of any cooperative agreement and extension, continuation, renewal amendment or modification of any Federal grant or cooperative agreement. � (b) If any other funds than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an o�cer or employee of any agency, a Member of Congress, an officer or employee of congress, or an employee of a Member of Congress in connection with this Federal grant or cooperative agreement,the undersigned shall complete and submit Standard Form LLI, "Disclosure of Lobbying Activities", in accordance with its instructions. (c)The undersigned shall require that the language of this certification be inctuded in the award documents for all the sub awards at all tiers (including sub grants, contracts under grants and cooperative agreements and sub contract(s))and that all sub recipients shall certify and disclose accordingly. 2. Debarment, Suspension and Other Responsibility Matters (Direct Recipient) A.As required by Executive Order 12549, Debarment and Suspension, and implemented at 44CFR Part 67,for prospective participants in primary covered transactions, as defined at 44 CFR Part 17, Section 17.510-A, the applicant certifies that it and its principals: (a)Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. (b) Have not within a three-year period preceding this application been convicted of or had a civilian judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain or perform a public(Federal, State, or local) transaction or contract under a public t�ansaction;violation of Federal or State antitrust statutes or commission of embezzlement, theft,forgery, bribery, falsification or destruction of records, making � false statements, or receiving stolen property. (c)Are not presently indicted for or otherwise criminally or civilly charged by a government entity (Federal, State, or local)with commission of any of the offenses enumerated in paragraph (1)(b)of 11�S://portal.fema.�ov/fireQranbi�n/fire��(lR/a,,,,l;�at;�„/„ri„r a„r, ier��r�rir�4—f.-..oQ.�.... ..,, �i��nno � � � ��Application Number: EIVIW-2008-FO-09141 Page`�26 of 28 this certification: and (d) Have not within a three-year period preceding this application had one or more public � transactions(Federal, State, or local)terminated for cause or default; and B. Where the applicant is unable to certify to any of the statements in this certification, he or she shall attaeh an explariation to this application. 3. Drug-Free Workplace(Grantees other than individuals) As required by the Drug-Free Workplace Act of 1988, and implemented at 44CFR Part 17, Subpa�t F,for grantees,as defined at 44 CFR part 17, Sections 17.615 and 17.620: (A)The applicant certifies that it will continue to provide a drug-free workplace by: (a)Publishing a statement notifying employees that the unlawfut manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; (b) Establishing an on-going drug free awareness program to inform employees about: (1)The dangers of drug abuse in the workplace; (2)The grantees policy of maintaining a drug-free workplace; (3)Any available drug counseling, rehabilitation and employee assistance programs; and (4)The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; � ) \■r/ (c) Making it a requirement that each employee to be engaged in the performance of the grant to be given a copy of the statement required by paragraph (a); (d)Notifying the employee in the statement required by paragraph (a)that, as a condition of employment under the grant, the employee will: (1)Abide by the terms of the statement and (2) Notify the employee in writing of his or her conviction for a violation of a criminal drug statute occuning in the workplace no later than five calendar days after such conviction. (e)Notifying the agency, in writing within 10 calendar days after receiving notice under subparagraph (d)(2)from an employee or otherwise receiving actuaf notice of such conviction. Employers of convicted employees must provide notice, induding . position title, to fhe applicable DHS awarding office, i.e. r�gional o�ce or DHS office. (fl Taking one of the following actions, against such an employee,within 30 calendar days of receiving notice under subparagraph(d)(2), with respect to any empfoyee who is so convicted: (1)Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended;or (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement or other appropriate agency. � (g)Making a good faith effort to continue to maintain a drug free workplace through implementation of paragraphs(a), (b),(c), (d), (e), and (fl. tipp��eation ivumner:�Mw-Z0U8-F0-0914 T - � . ';, ` = � Page 27 of 28 (B)The grantee may insert in the space provided below the site(s)for the performance of work done in connection with the specific grant: � Place of PerFormance Street City State Zip Action If your place of performance is different from the physical address provided by you in the Applicant Information, press Add Place of Performance button above to ensure that the correct place of performance has been specfied. You can add multiple addresses by repeating this process multiple times. Section 17.630 of the regulations provide that a grantee that is a State may elect to make one ce�tification in each Federal fiscal year.A copy of which should be included with each application for DHS funding. States and State agencies may elect to use a Statewide certification. Signed by Richard Ennis on 04/04/2008 � � https://portal.fema.gov/firegrandjsp/fire2008/application/print_app jsp?print=true&app_nu... 7/9/2008 ' � 'Applic�tion Number: EMW-2008-F0-09141 ` . ' Page�28 of 28 FEMA Standard Form LLL Only complete if appiying for a grant for more than$100,000 and have lobbying activities. See Form 20-16C for �,,,,,,,,,� lobbying activities definition. This form is not applicable � � - ._ .. ,� ,.,.,,,,, ,• -� --,___� ..__ ....,.��.r�...,,e�..,.,,, .,,. �i4i�nnQ Proceedings of the City Council, City of Cape Girard ' Regular S@SSIOCI December 15,2008 - � --�n REGULAR SESSION—DECEMBER 15,2008 The Cape Girardeau City Council convened in regular session on Monday,December 15, 2008, at 7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Marcia Ritter, Loretta Schneider, Debra Tracy and John Voss present Council Members Charlie Herbst and Mark Lanzotti were absent. Reverend Mark Martin,of St. Andrew Lutheran Church, presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session,the City Council convened in closed session for purposes of discussing personnel,confidential communications with the City Attorney, litigation and property acquisition pursuant to RSMo. Sections 610.021(1), (2) and (3) upon Mrs. Tracy's motion,Mrs. Schneider's second, and the following vote: Ayes, Knudtson, Ritter, Schneide�Tracy and Voss. Nays,none. The minutes of the December 1, 2008, regular and closed sessions were approved upon Mrs. Schneider's motion, Ms. Ritter's second, and the following vote: Ayes, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. The agenda was approved as distributed upon Mrs. Tracy's motion,Mrs. Schneider's second, and the following vote:Ayes,Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. � COUNCIL COMMUNICATIONS Ms. Ritter encouraged citizens to make preparations for natural disasteis, including power outages and limited travel. She reminded the Council and attendees of service organizations that assist in disaster preparedness. Mayor Knudtson remarked that he had received a call from Ms. Jean Mason of AmerenUE to discuss disaster preparedness for weather-related power outages. AmerenUE took delivery of a storm trailer on Friday, December 12, 2008, that will facilitate their operations during a disaster situation and to restore power to a large area within the city limits. Mrs. Schneider noted that architects had presented information at the study session about upcoming parks projects funded by the Parks/StormwatetSales Tax. Mrs. Tracy commended City staff for the employee Christmas party held on Saturday, December 6, 2008. Mayor Knudtson noted that the groundbreaking for the Shultz School dedication will be held on Wednesday,December 17, 2008. City Manager poug Leslie remarked that a signing ceremony will be held on Tuesday,December 16, 2008, to commemorate the City's partnership with the U.S. Army Corps of Engineers in the construction and mairtenance of the floodwall. � Mrs. Tracy asked if Sarah Wallace,Community Planner for the City,could produce a report on the Comprehensive Plan projects and TTF4. Development Services Director Ken Eftink replied that the Planning and Zoning Commission will be reviewing the TTF4 projects on January 6, 2009, and information will be presented after that time. . i " Proceedings of the City Councii, City of Cape Girardeau _ Mo. Re ular S@SSIOCI December 15,2008 - �� — E00720041J6 CITY MANAGER COMMUNICATIONS Police Chief Carl Kinnison announced that the person who allegedly committed a violent crime f-�;' against an 81 year-old woman approximately two weeks ago was arrested on the evening of � Sunday, December 14,2008. � � � PUBLIC HEARINGS � This being the date set for a public hearing regarding a petition for voluntary annexation from MidAmerica Hotels Corporation for 43.0 acres located on the west side of Airport Road north of the Cape Girardeau Regional Airport, the hearing was opened by Mayor Knudtson. There being no appearances,the hearing was closed. BILL NO. 08-192 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF MIDAMERICA HOTELS CORPORATION Ms. Ritter made a motion, seconded by Mrs. Schneider,to approve the first reading of BILL NO. 08-192. The motion was approved upon the following vote: Ayes, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. This being the date set for a public hearing regarding a petition for voluntary annexation from � NAB Automation, Inc. for 1.62 acres located at 126 Airport Road, north of the Cape Girardeau Regional Airport, the hearing was opened by Mayor Knudtson. There being no appearances,the hearing was closed. BILL NO. OS-193 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF NAB AUTOMATION, INC. Mrs. Schneider made a motion,seconded by Mrs. Tracy, to approve the first reading of BILL NO. 08-193. The motion was approved upon the following vote: Ayes, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. CONSENT ORDINANCES The following bills were given second and third readings: � -�� BILL NO. 08-184 AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF � i ORDINANCES OF THE CITY OF CAPE GIRARDEAU REGARDING i ;, TAXICABS .. � BILL NO. 08-188 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN EASEMENT FOR FACILITTES TO SOUTHWESTERN BELL TELEPHONE, L.P., DB/A AT&T MISSOURI,FOR AN EQUIPMENT � SITE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI ' , � Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SE;SS1011 December 15 2008 ;_� _;, 00�2 , BILL NO. 0&186 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF RIVERWEST PARTNERS, L.C. BILL NO. 08-190 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF WALDEN PARK, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOUW FROM R-1 AND R-4 TO A PD(PLANNED DEVELOPMENT DISTRICT) BILL NO. 08-189 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO THE CITY OF CAPE GIRARDEAU AND VELOSITY ELECTRONICS FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A TELECOMMUNICATIONS TOWER WITH AN EQUIPMENT BUILDING AND SECURITY FENCE AT NORTH COUNTY PARK, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL NOs. 08-184, 08-188, 08-186, 08-190 and 08-189 were approved and the ordinances adopted upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote:Ayes,Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained from voting on Bill Nos. 08-186 and 08-190 for financial reasons because the applicant � has a financial interest at the bank where he works. BILL NO. 08-184 is ORDINANCE NO. 3983; BILL NO. 08-188 is ORDINANCE NO. 3984; BILL NO. 08-186 is ORDINANCE N0.3985; BILL NO. 08-190 is ORDINANCE NO. 3986; and BILL NO. 08-189 is ORDINANCE NO. 3987. NEW ORDINANCES BILL NO. 08-191 was given first reading as follows: AN ORDINANCE AUTHORIZING ACCEPTANCE OF FEE SIMPLE INTEREST, PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF THE MT. AUBURN ROAD/HOPPER ROAD INTERSECTION The first reading of BILL NO. 08-191 was approved upon Mrs. Tracy's motion,Mrs. Schneider's second, and the following vote: Ayes,Knudtson, Ritter, Schneider, Tracy ard Voss. Nays,none. BILL NO. 08-196 was given first reading as follows: AN ORDINANCE AUTHORIZING ACCEPTANCE OF TEMPORARY CONSTRUCTION EASEMENTS FROM: JOSEPH R. AND KIMBERLY M. BAKER, S&H APARTMENTS LLC, KERMAT ENTERPRISES LLC, AND ELITE DEVELOPMENT LLC, FOR THE LISA STREET DETENTION BASIN MODIFICATIONS � The first reading of BILL NO. 08-196 was approved upon Mr.Voss' motion,Mrs.Tracy's second, and the following vote: Ayes,Knudtson, Ritter, Schneider,Tracy and Voss.Nays,none. BILL NO. 0&197 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. , _ . December 15.2008 � �� Regular SeSSIOtI - �,..:,� E00720041JB AN ORDINANCE APPROVING THE RECORD PLAT OF WINDRIDGE PROPERTIES II The first reading of BILL NO. 08-197 was approved upon Mrs. Schneider's motion,Ms. Ritter's ;-i second, and the following vote: Ayes,Knudtson,Ritter, Schneider,Tracy and Voss. Nays,none. i - � BILL NO. 08-199 was given first reading as follows: � ; AN ORDINANCE APPROVING THE RECORD PLAT OF WALDEN PARK CONDOMINIUMS—TREMONT The first reading of BILL NO. 08-199 was approved upon Mrs. Tracy's motion,Mrs. Schneider's second, and the following vote: Ayes, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the applicant has a financial interest at the bank where he works. BILL NO. 08-200 was given first reading asfollows: AN ORDINANCE APPROVING THE RECORD PLAT OF WALDEN PARK PHASE I — AMENDED The first reading of BILL NO. 08-200 was approved upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes, Ritter, Schneider, Tracy and Voss. Nays, none. Mayor Knudtson abstained for financial reasons because the applicant has a financial interest at the bank � where he works. RESOLUTIONS BILL NO. 08-194 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SITE GROUND LEASE AGREEMENT WITH VIATECH DB/A VELOSITY ELECTRONICS FOR THE PLACEMENT OF A COMMUNICATIONS TOWER AT 302 LIMBAUGH LANE, IN THE CITY OF CAPE GIRARDEAU,MISSOURI The reading of BILL NO. 08-194 was approved and the Resolution adopted upon Mrs. Tracy's motion, Mrs. Schneider's second, and the following vote: Ayes, Knudtson, Ritter, Schneider, Tracy and Voss. Nays,none. BILL NO. 08-194 is RESOLUTION NO. 2405. BILL NO. 08-195 was presented as follows: � -� i A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT AID AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE PURPOSES OF ACCEPTING A GRANT FOR LAND ACQUISITION AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 08-195 was approved and the Resolution adopted upon Mr. Voss' motion, Mrs. Tracy's second, and the following vote: Ayes, Knudtson, Ritter, Schneider, Tracy � and Voss. Nays,none. BILL NO. 08-195 is RESOLUTION NO.2406. Upon questioning by Ms. Ritter,Mr. Leslie explained that the funding for the purchase came from the general fund, and the grant would reimburse thegeneral fund. � Proceedings of the City Council, City of Cape Girard Ia, Mo. . Re ular �' ``� ��v g Session December 15,2008 �'�� APPOINTMENTS Ms. Melanie Cantrell was appointed to the Board of Appeals for a term expiring June 4, 2012, upon Mrs. Schneider's motion, Ms. Ritter's second, and the following vote: Ayes, Knudtson, Ritter, Schneider, Tracy and V�s. Nays, none. Mr. Danny Stitz and Mr. Marc Wicks were re-appointed to the Board of Examiners for terms expiring January 1, 2012, upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Knudtson, Ritter, Schneider, Tracy and Vc�s. Nays, none. Mrs. Debra Tracy was re-appointed to the Cape Girardeau Parks Development Foundation Board of Directors for a term expiring December 31, 2009, upon Mrs. Schneider's motion, Mr. Voss' second, and the following vote: Ayes,Knudtson,Ritter, Schneider, Tracy and Ves. Nays,none. Mr. Mark Lanzotti was re-appointed to the Cape Girardeau Area MAGNET Association for a term expiring December 31, 2009, upon Mr. Ritter's motion, Mrs. Tracy's second, and the following vote: Ayes, Knudtson, Ritter, Schneider and Tracy. Nays,none. Mr. Voss abstained from voting for financial reasons because he has a family member employed by the Cape Girardeau Area MAGNET Association. LIQUOR LICENSES � Mr. Voss made a motion, seconded by Mrs. Schneider, to approve a retail liquor by the drink and Sunday sales license for Drury Hotels Company, LLC, d/b/a Drury Suites, 3303 Campster Drive, Sara Heuer, Managing Officer. The motion was approved upon the following vote: Ayes, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Tracy made a motion, seconded by Mr. Voss, to approve a retail liquor by the drink and Sunday sales license for Drury Hotels Company,LLC, d/b/a Drury Lodge, 104 S. Vantage Drive, Sara Heuer, Managing Officer. The motion was approved upon the following vote: Ayes, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. Mrs. Schneider made a motion,seconded by Mrs.Tracy,to conditionally approve a retail liquor by the drink license for Craig A. Hendrickson d/b/a Thirsty's, 1444 Independence, Craig Hendrickson, Managing Officer. The motion was approved upon the following vote: Ayes, Knudtson, Ritter, Schneider,Tracy and Voss. Nays, none. There being no further business, the City Council adjourned upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Knudtson, Ritter, Schneider, Tracy and Voss. Nays, none. � Jay B. Knudtson, Mayor � Gayle L. Conrad, City Clerk Proceedings of the City Councii, City o# Cape Girarde ��,� � - � � Session E00720041JB THIS PAGE INTENTIONALLY LEFT BLANK. � � � , � ; I � �- � (DRAF� , CITY OF CAPE GIRARDEAU, MISSOURI PARKS AND RECREATION ADVISORY BOARD � December 8,2008 The Parks and Recreation Advisory Board met for their regular meeting on December 8, 2008 at Osage Community Centre at 5:30 p.m. Board Members Present: Staff Danny Essner,Chairman Daniel D.Muser,Director of Parks &Recreation Scott Blank,Vice-Chairman Scott Williams, Recreation Division Manager Beverly Evans, Secretary Penny Williams, Recreation Division Manager Rick Fehr,Board Member Brock Davis,Parks Division Manager Pat Elfrink, Board Member Kaed Horrell,Recreation Supervisor Dana Deisher,Board Member Patrick Watson,Aquatics Supervisor Troy Vaughn,Board Member Chris Eastridge, Recreation Coordinator Mike Keefe,Board Member Stacey Seyer,Recreation Coordinator Craig Billmeyer,Board Member Heather Davis,Recreation Coordinator Bari Neff,Board Member Marcia Stone,Administrative Assistant/Recording Secretary Board Members Absent: Guest: Phillip B. Smith,Architect—A. C. Brase Arena Mark Strickland—A. C. Brase Arena Ronald Grojean,Architect—Shawnee Community Center& Shawnee Park Sports Complex I� APPROVAL OF THE MINUTES � 7 Chairman Danny Essner opened the Parks& Recreation Advisory Board meeting requesting the approval of the November 8,2008 minutes. Mike Keefe made a motion; seconded by Craig Billmeyer to approve the minutes as mailed. Motion passed. A. Guest: Phillip B. Smith,Architect and Mark Strickland Architect Phillip B. Smith informed the board members that their plans for the A. C. Brase Arena include a new roof, exterior surfacing repairs, HVAC, electrical upgrades, generator and an add alternate for expansion of offices on both sides of the front entrance. The resurfacing material for the exterior is a new product made by GE that has been proven to work better than the divot repairs used in the past. The color scheme for the building will be art deco with two or three different shade accent panels. The old wires on the outside of the building will be removed and the windows casing will also be art deco. The roof will be made out of a new TPO product, which is a thermo-plastic. The water leaks will be eliminated. The mechanical units on the roof will be re-arranged on the curve of the roof to eliminate low areas for water to settle. Mark Strickland informed the members that the existing ductwork coming off the stage will be utilized and tied into new ductwork that will be exposed but strategically placed along the ceiling seam on each side of the building and the color will blend in with the existing ceiling. There will be no hot or cold spots on the main floor. There will also be a unit on the flat part of the Arena that will provide heat and air conditioning for the lobby and second floor offices. Along with the evenly distributed heating and � cooling for the building the noise will be reduced dramatically. The electrical upgrade will be serviced from the outside of the building to the panels. The architect has reviewed the electrical needs and requests from previous food shows and concerts. The City Council has also reyuested a full generator backup for the building. i Parks& Recreation Advisory Board ' December 8,2008 � Page 2 Scott Williams added that the staff has decided to hold off on paving the 4-H Exhibit Hall parking lot. He has spoke to Finance Director on obtaining a loan for$300-400,000 to help make up the funds to complete the projects. This loan would be funded through the foundation. The add-ons for the additional office space and conference room are alternates and will be determined after the bids are in. The schematic design should be completed before Christmas and bid opening for construction should be in February. The construction should begin in April and completed in August. The only down time predicted now for rentals will be a two-week window to upgrade the power. Scott Williams added that the foundation would continue to fund smaller projects for the building. Future purchases include a new P.A. system,new stackable chairs and carpet. B. Ron Grojean,Architect—Shawnee Park Sports Complex& Shawnee Community Center Ron Grojean,Architect for the Shawnee Park Sports Complex and Shawnee Community Center projects showed the board members the plans for the Shawnee Park facilities. He met with Cape Area Youth Soccer Association and South Cape residents last week and they all were very excited with the plans. There were four different buildings that he presented for the complex. All would have the same brick and color scheme to match the existing Shawnee Park Sports Complex. ➢ The first structure presented was a new concession stand for the new softball fields that will be added. There will be covered observation/eating areas with seating on the front and backside of the � concession for views of the fields on both sides. A storage room, restrooms, office, walk-in coolers, food prep area with four serving windows will also be included. ➢ The second structure is a replacement for the main soccer concession stand. It will be a larger facility with large restroom facilities, storage,walk-in cooler, four-window concession service,food prep area and office. The facility will be set at a 45°angle from the original site to better service the participants on the fields. The covered sitting area of the concession will overlook the soccer fields. It will be elevated to alleviate the sewage problem that presently exists. The storage area will replace the existing outbuildings that they have been using ➢ The third facility is a smaller concession stand for the West Side Boulevard soccer fields. CAYSA agreed to help fund $30,000 for equipment for the concession stand to obtain the smaller concession stand on the West End side. If the add alternate smaller concession is not feasible, CAYSA will be involved with where those funds will go. ➢ The Shawnee Community Center is the fourth plan that was presented. It will be a 16,500— 17,000 square foot facility that will have a 54' x 80' regulation size basketball court, storage, fitness room, activities room, and meeting room that can be divided, full service kitchen, control room,vending room and office. The main floor has a 7-foot perimeter around the basketball court for walkers. The floor will be vinyl similar to Osage Community Centre. There is an area outside of the community center to construct a basketball court, playground and recreation field. The center is accessible from the trail. The staff will request additional signage and flashing lights for pedestrians crossing to the center. There is an add alternate full service generator for the facility if funding is available. There will be two 370 and one 330-foot down-the-line fields constructed on the northwest side of the complex. These two fields will be shared by CAYSA and the Cape Youth Tackle Football Leagues and we will purchase soccer/football combination goals. Soccer Field#3 will have lights included. � Parks&Recreation Advisory Board December 8,2008 Page 3 � There will be three additional softball fields added that will be used for the Cape Youth Baseball League, Girl's Fast Pitch League and softball leagues and tournaments. The foundation will be looking to fund a new entrance sign for the complex. OLD BUSINESS A. Parks and Recreation/Storm Water Director Muser announced that Arthur Schaupeter,Golf Course Architect for the Jaycee Municipal Golf Course project presented his plan to the Golf Course Advisory Board last month. His plan includes new irrigation system, Bent Grass Greens,enlarging the existing greens and redesign of several holes on the back nine. The budget is tight on everything that he wants to include but he is determined that it can be done. The plan will be bid out in January and the construction will start this late spring. The course will close around the first week of June 2009. The reopening of the course is tentatively scheduled for May 2010. A letter was sent to all golf inembers of the course informing them of the schedule. The Country Club has indicated that they will be offering a special membership for our members while we are closed. They will get back with us after the first of the year what they will be able to offer. OTHER BUSINESS The staff reported that upcoming events for this month include Breakfast with Santa, Calls from Santa, and Christmas Vacation Day Camp on December 22 & 23`a � The recent and new"Hot Wheels"event had a good first year attendance last month and will definitely be a repeat for years to come. There being no further regular business,the meeting was adjourned by Dana Deisher and seconded by Craig Billmeyer. Motion passed. Respectfully submitted, Beverly Evans, Recording Secretary � s (DRAFT) CITY OF CAPE GIRARDEAU TREE ADVISORY BOARD MEETING + DECEMBER 8,2008 �"„� The City of Cape Girardeau Tree Advisory Board held their regular scheduled meeting on December 8,2008 at 12:00 p.m.at the Osage CommuniTy CenNe. Present: Tom Harold,Chairman Dan Muser,Parks&Recr.Director/Member John Layton,Board Member Tim Gramling,Public Works Director/Member Absent: Staff Present: Marcia Stone,Recording Secretary Guest: MINUTES Chanman Tom Harold opened the meeting requesting approval of the October 27,2008 minutes. John Layton made a motion,seconded by Dan Muser to approve the minutes as mailed. Motion passed. OLD BUSINESS A. Tree Ordinance John Layton reviewed the Tree Ordinance changes that will be made before requesting to be placed on the City Council Agenda. The ash trees were removed from the Preferred Tree List and columnar varieties added. Marcia will add the Musclewood and Ornamental Plum to the small variety of trees. John Layton will call City Attorney Eric Cunningham on how the committee should repeal Section 24-47. The noted changes in the Tree Ordinance are on Sections 24-45,24-46 and 24-47. John Layton will give Dan Muser a description of items that � need to be listed on the City Council Letter. The board will make their recommendation for the Tree Ordinance changes at one of the future City Council meetings. B. Tree Evaluation Public Works Director Tim Gramling reported that the tree at 2509 Fairlane that the board reviewed was the correct tree. There was a concern by the property owner that the tree had been damaged due to water meter installation that had been done recently. The tree showed no signs of damage and the board recommended to retain the tree. NEW BUSINESS A. Big Bend Road Project Dan Muser reported that he has received a plan from the Engineering Department on improvements to Big Bend Road starting from Mason Street to Bertling Road. He presented the plan to the board members showing the trees that are in the right of way and needed to be removed to widen the street. Board members volunteered to drive through the area and make notes on questionable trees that should be saved. Dan Muser will get some clarification on some areas of the plan and get some smaller copies for the board members to use when they review the area. B. Jaycee Municipal Golf Course Project Director Muser displayed the architectural plan for the Parks and Recreation/Storm Water Jaycee Municipal Golf Course Project. This is one of the Parks and Recreation Storm Water Projects that was approved on the April 8`�' Ballot. The greens will be rebuilt,enlarged and replaced with Bent Grass greens and the irrigation system will � be replaced. There are several trees that will need to be removed to give the tees and greens more airflow,sun and safety. The trees are recommended for removal by the architect and there will be additional trees planted at better locations. Tree Advisory Board Meeting December 8,2008 Page 2 � The board members will tour the golf course and review the trees when the weather is favorable. John Layton made a motion that after review of the golf course plan the board defers retaining the trees to the golf course architect's recommendarion of removal and replacement of trees for the benefit of the golf course improvements. Tom Harold seconded the motion. Motion passed. OTHER BUSINESS Tom Harold has completed his(3)three-year term with the Tree Advisory Board. He will be presented a recognition plaque at the next meeting held on February 9,2009. There being no further business,the meeting was adjourned by John Layton and seconded by Tom Harold. Motion passed. Respectfully submitted, Marcia Stone,Recording Secretary � � � Development Code Subcommittee Meeting Notes December 9, 2008 Attendees: Staff: Charles Haubold Martha Brown Scott McClanahan Sarah Wallace Ralph Maxton Eric Cunningham Trae Bertrand Bill Hinckley The first item on the agenda was a discussion regarding the legal aspects of a development code, with input from Eric Cunningham, City Attorney. Charlie Haubold made a motion to go into closed session for confidential and privileged communication with attorney. Seconded by Scott McClanahan. Motion by Trae Bertrand to go into open meeting, seconded by Charlie Haubold. The Subcommittee discussed, that with the time remaining they would not be able to discuss the remaining agenda items, and that a second meeting this month should be scheduled for December 22, 2008 at 4:OOpm. The subcommittee discussed that there is a need for a district boundary for the University Overlay District, Martha and Sarah will work on this for the next meeting. Also, Mr. Haubold stated that before the next meeting � if any of the subcommittee members had any questions or concerns about any of the residential district text that they should contact staff before the next meeting, so that they can have those answers for all of us at the 22"d meeting. It was also discussed when this committee is comfortable with the draft for the residential districts that at a regular scheduled Planning and Zoning Commission meeting that a public hearing should be held on these specific districts. Meeting adjourned at 5:15 pm Next meeting will be December 22, 2008 at 4:OOpm at City Hall, Council Chambers � r (DRAFT) CAPE GIRARDEAU PARKS AND RECREATION DEPARTMENT JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING December 18,24Q8 � The Cape Girardeau Municipal Golf Course Advisory Board met at the Osage Community Center meeting room on T'hursday,Decemberl8,2008 at 12 noon. Present: Staff Present Charles Wagoner,Chauman Brock Davis,Park Division Manager Jim Hastings,Jr.,Vice Chairman Randy Lueder,Golf Superintendent Kenneth Bramlett,Secretary Jazed Tanz,Golf Course Manager Robert Pastrick,Board Member Marcia Stone,Administrative Assistant Kent Ward,Board Member Charles Heady,Board Member Jack Watts,Board Member Jackie Ahrens,Board Member Absent: Guest: Robert Guard,Board Member Arthur Schaupeter,Golf Course Architect APPROVAL OF MINUTES Chauman Charles Wagoner requested the approval of the November 20,2008 minutes. Chuck Heady made a motion to accept the minutes and 3ack W atts seconded the motion. Motion passed. GUEST: Golf Course Architect Arthur Schaupeter Golf Course Architect Arthw Schaupeter reported that he gave his presentation to the City Council and was well received. � He presented his update on the course design to the board. Ttie only change he presented was taking out the trees on #4 and straightening the fairway. He sent out the pre-qualifying paperwork to nine contractors. He has already received one back;two have contacted him that they will be submitting their information and one contractor declined due to eliminating their American division. Mr. Schaupeter reported that he would be down several times during the week once construction begins. The expected reopening date will be June 2010. Board Members discussed the neighboring golf courses discount possibilities for the renewed members of our course. OLD BUSINESS A. Parks and Recreation/Storm Water Projects Park Division Manager Brock Davis reported on the signs that have been placed at Parks and Recreation/Storm Water Project sites identifying the location and funding for each site. NEW BUSINESS A. Election of Officers Chuck Heady made a motion,seconded by Kenny Bramlett and motion carried to appoint the following members for the 2009 Officers for the Golf Course Advisory Board: � Jim Hastings,Chairman Kenny Bramlett,Vice-Chairman Bob Pastrick,Secretary i �� Golf Course Advisory Board I, December 18,2008 !, Page 2 � REPORTS A. Policies and Procedures No report. B. Planning and Development No report at this time. C. Advertising and Promotions No report at this time. D. Golf Course Improvements Reported earlier. E. SEMO Cup Jack Watts reported that the SEMO Cup committee would have the qualifiers earlier in the year due to the renovation of the course and the 2009 SEMO Cup will be held at Cape Country Club. Other Business Chairman Charles Wagner thanked the board members for the cards and prayers that he received during his illness. � There being no further business,the meeting was adjourned by Jackie Ahrens and seconded by Chuck Heady. Motion passed. Respectfully submitted, Kenny Bramlett, Secretary � CITY OF CAPE GIRARDEAU � Office of the City Manager Council Memo No. 09-01 Agenda January 5, 2009 The Honorable Mayor And Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members Subject: Management Discussion and Analysis from Annual Audit Report The auditors are in the final stage of completing this year' s audit report and it should be submitted to you soon. Included in the audit will be a management discussion and analysis section. This sectio�, which is prepared by City staff, discusses the City' s operating results for the year. � Attached is the management discussion and analysis section. We feel that it gives a good recap of last year' s operations and end of year financial status. Respectfully submitted, c_��.� 2 � John R. Richbourg Finance Director �� CL��y;G-C�' � Douglas K. Leslie City Manager DKL:gc � � CITY OF CAPE GIRARDEAU, MISSOURI � Management's Discussion and Analysis The discussion and analysis of the City of Cape o During the current year the City's bond rating Girardeau's financial performance provides an was upgraded by Standard and Poor's to overall review of the City's financial activities "A+"from"A". for the fiscal year ended June 30,2008. The intent of this discussion and analysis is to look at o The City of Cape Girardeau's total long-term the City's financial performance as a whole. debt decreased by$5,483,521.79(8.0 Readers should also review the basic fmancial percent)during the current fiscal year as a statements and related notes to those statements result of the City making its scheduled to enhance their understanding of the City's payments and not issuing any new debt. financial performance. Overview of the Financial Statements Financial Highlights This discussion and analysis are intended to serve as an introduction to the City of Cape o The assets of the City of Cape Girardeau Girazdeau's basic financial statements. exceeded its liabilities at the close of the most The City of Cape Girardeau's basic financial recent fiscal year by$215,906,65832(net statements are comprised of three components: assets). Of this amount,$38,950,224.15 1)government-wide financial statements,2)fund (unrestricted net assets)may be used to meet financial statements,and 3)notes to the financial the City's ongoing obligations to citizens and statements. This report also contains other creditors. supplementary information in addition to the basic financial statements themselves. o As of the close of the cunent fiscal year,the 'i City of Cape Girardeau's governmental funds Government-wide financial statements. '� reported combined ending fund balances of The government-wide financial statements are �I � $30,003,189.28. Approximately 47.4 percent designed to provide readers with a broad of this total amount,$14,227,584.48 is overview of the City of Cape Girardeau's available for spending at the government's finances,in a manner similar to a private-sector discretion(unreserved fund balance). business. ' o At the end of the current fiscal year,the The statement of net assets presents information unreserved fund balance for the general fund on all the City's assets and liabilities,with the was$419,072.42 or 1.8 percent of total difference between the two reported as net general fund expenditures and transfers. assets. Over time,increases or decreases in net Fund balance reserved for emergencies for assets may serve as a useful indicator of whether the general fund was$3,219,219.00 or 13.8 the financial position of the City is improving or percent of total general fund expenditures and deteriorating. transfers.During the year an emergency was declared and the City Council unanimously The statement of activities presents information approved the use of the balances reserved for showing how the City's net assets changed emergencies to pay for expenditures totaling during the most recent fiscal year. All changes $249,360 that resulted from a severe ice in the net assets are reported as soon as the storm and purchase of generators for City underlying event giving rise to the change Hall and the City's community center. occurs,regardless of the timing of the related cash flows. Thus,revenues and expenses are o The City of Cape Girardeau's fixed assets reported in the statement for some items that will decreased$46,447.07 during the year. only result in cash flows in future fiscal periods Depreciation for the current fiscal year (e.g.,uncollected taxes and earned but unused reduced fixed assets by$9,168,542.02.This vacation leave). reduction was almost totally offset by $9,122,094.95 of net fixed asset additions Both of the government-wide financial during the year. statements distinguish functions of the City of � Cape Girardeau that are principally supported by taaces and intergovernmental revenues 1 CITY OF CAPE GIRARDEAU, MISSOURI (governmental activities)from other functions balance sheet and in the governmental fund that are intended to recover all or a significant statement of revenues,expenditures,and changes portion of their costs through user fees and in fund balances for the general,airport,parks �j charges(business-type activities). The and recreation,transportation trust II,and governmental activities of the City of Cape transportation trust III, which are considered,or Girardeau include administrative services, have been designated,to be major funds of the developmental services,parks and recreation, City. Data from the other governmental funds public safety,and public works. The business- are combined into a single,aggregated type activities of the City include sewer,water, presentation. and solid waste utilities and golf course and softball complex operations.The government- The City of Cape Girardeau adopts annual wide fmancial statements can be found on pages appropriated budgets for all its governmental ?tv:�of this report. funds,excluding its water system improvements and park improvements from parks/storm water Fund financial statements. A fund is a sales tax capital project funds,which have grouping of related accounts that is used to project length budgets. Budgetary comparison maintain control over resources that have been statements have been provided for all major segregated for specific activities or objectives. governmental funds as part of the financial The City of Cape Girardeau,like other state and statements to demonstrate compliance with this local governments,uses fund accounting to budget. Budgetary comparison statements for ensure and demonstrate compliance with the remaining governmental funds are present as finance-related legal requirements. All of the supplemental information. funds of the City can be divided into three categories: governmental funds,proprietary The basic governmental fund financial funds,and fiduciary funds. statements can be found on psges?'!t�,�of this report. Governmental Funds.Governmental funds are used to account for essentially the same Proprietarv funds. The City of Cape Girardeau functions reported as governmental activities in maintains two types of proprietary funds. , the government-wide financial statements. Enterprise funds are used to report the same � However,unlike the government-wide financial functions presented as business-type activities in statement,govemmental fund financial the government-wide financial statements. The statements focus on near-term inflows and City used enterprise funds to account for its outflows of spendable resources,as well as on sewer,water,and solid waste utilities and its golf balances of spendable resources available at the course and softball complex operations. Internal end of the fiscal year. Such information may be service funds are an accounting device used to useful in evaluating a government's near-term accumulate and allocate costs internally among financing requirements. the City's various functions. The City uses internal service funds to account for operation of Because the focus of the govemmental funds is its management information systems,fleet narrower than that of the government-wide management,self-insured employee benefits and financial statements,it is useful to compare the workmen's compensation programs,and its information presented for governmental funds internal equipment leasing program. with similar information presented for governmental activities in the government-wide Proprietary funds provide the same type of financial statements. By doing so,readers may information as the government-wide fmancial better understand the long-term impact of the statements,only in more detail. The proprietary government's near term financing decisions. fund financial statements provide separate Both the governmental fund balance sheet and information for the sewer,water,and solid waste the govemmental fund statement of revenues, utilities and golf course and softball complex expenditures,and changes in fund balances operations. All of these are considered,or have provide a reconciliation to facilitate this been designated,to be major funds of the City. comparison between governmental funds and The intemal service funds are combined into a governmental activities. single,aggregated presentation in the proprietary fund fmancial statements. The City of Cape Girardeau maintains 26 � individual govemmental funds. Information is The basic propnetary fund financial statements presented separately in the governmental fund can be found q�t.�i�es`�,t�`�of this report. 2 CITY OF CAPE GIRARDEAU, MISSOURI Budgetary comparison statements for all the Although the City's investment in its capital � proprietary funds are present as supplemental assets is reported net of related debt,it should be information. noted that the resources needed to repay this debt must be provided from other sources,since the Notes to the Financial Statements. The notes capital assets themselves cannot be used to provide additional information that is essential to liquidate these liabilities. a full understanding of the data provided in the government-wide and fund financial statements. An additional portion of the City's net assets(4.1 The notes to the financial statements can be percent)represent resources that are subject to found beginning on��'this report. external restrictions on how they may be used. The portion of the City's net assets subject to Government-wide Financiat Analysis extemal restrictions was$28,743(3°/a)less than the previous year.The remaining balance of net As noted eazlier,net assets may serve over time assets($38,950,224)is unrestricted and may be as a useful indicator of a government's financial used to meet the City's ongoing obligations to position. In the case of the City of Cape citizens and creditors.This reflects a$4,797,164 Girazdeau,assets exceeded liabilities by (14.0%)increase over the previous year. �� $215,906,659,an increase of$7,718,254(3.7%). ' The largest portion of the City's net assets At the end of the current fiscal year,the City is (77.9%)reflects its$168,148,331 investment in able to report positive balances in all three capital assets(land,buildings,machinery,and categories of net assets,both for the government equipment);less related debt used to acquire as a whole,as well as for its separate those assets that are still outstanding.This net governmental and business-type activities. The investment increased$2,949,833 (1.8%)during same situation was true of the prior year. the current fiscal year. The City uses these �Icapital assets to provide services to citizens; , consequently,these assets are not available for ��,I � future spending. City of Cape Girardeau's Net Assets IGovernmental Business-type , Activity Activities Total II 2008 2007 2008 2007 2008 2007 Current and other assets 37,350,427 36,690,562 14,955,466 14,450,319 52,305,893 51,140,881 Capital assets 139,183,129 138,107,396 93,327,575 94,449,755 232,510,704 232,557,151 Total assets 176,533,556 174,797,958 108,283,041 108,900,074 284,816,597 283,698,032 Long-term liabilities outstanding 27,478,600 29,538,450 29,323,667 33,569,714 56,802,267 63,108,164 Other liabilities 5,676,513 6,872,457 6,431,158 5,529,006 12,107,671 12,401,463 Total iiabilities 33,155,113 36,410,907 35,754,825 39,098,720 68,909,938 75,509,627 Net assets: invested in capital assets, Net of related debt 107,745,365 107,130,950 60,402,966 58,067,548 168,148,331 165,198,498 Restricted 4,728,902 4,968,283 4,079,202 3,868,564 8,808,104 8,836,847 Unrestricted 30,904,176 26,287,818 8,046,048 7,865,242 38,950,224 34,153,060 Total net assets 143,378,443 138,387,051 72,528,216 69,801,354 215,906,659 208,188,405 � . 3 CITY OF CAPE GIRARDEAU, MISSOURI Governmental activities. Governmental activities increased the City of Cape Girardeau's net assets by $4,962,682(compared to$3,637,263 in the previous fiscal year)thereby accounting for 643 percent of the � total growth in the net assets of the City. Increases in net investments in capital assets during the fiscal year accounted for$614,415 or 12.4%of this year's increase of its governmental activities net assets. City of Cape Girardeau's Change in Net Assets Govemmental Business-type activities activities Total 2008 2007 2008 2007 2008 2007 Revenues: Program revenue: Charges for service 4,708,030 4,667,316 12,467,619 12,022,492 17,175,649 16,689,808 Operating grants and contributions 1,096,778 1,000,949 101,738 - 1,198,516 1,000,949 Capital grants and contributions 1,800,663 1,730,928 1,550,464 1,525,845 3,351,127 3,256,773 General revenues: Property taxes 1,878,043 1,772,069 - - 1,878,043 1,772,069 Salestaxes 19,442,199 19,343,694 - - 19,442,199 19,343,694 Othertaxes 8,101,466 7,709,212 - - 8,101,466 7,709,212 Other 1,828,812 1,864,013 744,391 692,078 2,573,203 2,556,091 Total revenues 38,855,991 38.088,181 14,864,212 14,240,415 53,720,203 52,328,596 Expenses: Administrative 7,195,551 6,981,867 - - 7,195,551 6,981,867 Capital improvements 412,001 299,940 - - 412,001 299,940 Development Services 1,808,457 1,948,670 - - 1,808,457 1,948,670 Interest and other costs 1,278,387 1,362,389 - - 1,278,387 1,362,389 Parks and Recreation 3,391,795 3.374,755 - - 3,391,795 3,374,755 PublicSafety 11,231,769 11,367,478 - - 11,231.769 11,367,478 Public Works 5,745,817 5,584,858 - - 5,745,817 5,584,858 Sewer - - 5,097,187 5,866,096 5,097,187 5,866,096 Water - - 5,769,156 5,805,276 5,769,156 5,805,276 Solid Waste - - 2,933,006 3,020,002 2,933,006 3,020,002 Golf Course - - 592,446 614,910 592,446 614,910 Softbali Complex - - 530,141 484,485 530,141 484,485 Totalexpenses 31.063,777 30,919,957 14.921,936 15,790,769 45,985,713 46,710,726 Increase in net assets before transfers 7,792,214 7,168,224 (57,724) (1,550,354) 7,734,490 5,617,870 Transfers (2,829,532) (3,530,961) 2,829,532 3,530,961 - - Increase in net assets 4,962,682 3,637,263 2,771,808 1,980,607 7,734,490 5,617,870 Net assets-beginning of year 138,387,051 57,436,642 69,801,354 68,351,320 208,188,405 125,787,962 Prior period adjustrnents 28,710 77,313,146 (44,946) (530,573) (16,236) 76,782,573 Net assets-end of year 143,378,443 138,387,051 72,528,216 69,801,354 215,906,659 208,188,405 4 CITY OF CAPE GIRARDEAU, MISSOURI � Activity in the following revenue and expense items should be noted for the current fiscal year: Revenues from governmental activities • Charges for service only increased$40,714(.9%)over the previous year.During the year municipal court and airport rental revenues decreased$85,163 (8.8%)and 14,250(6.4%),respectively,from revenues eamed in the previous year. Significant increases from the previous year were: (1)aviation fuel sales at the airport were up$68,684(5.9%),(2)park and recreation user and rental fees were up $39,464(6.2%)and(3)assessment revenue was up$25,284(244.8%). Municipal Court revenue was negatively impacted by a 24.2%reduction in traffic cases handled this year.Lease revenue from the manufacturing facility located on the airport premises declined$16,000 (29.1%)this year.Two additional months of rentals were deferred this year.At the end of the current year$209,000 or 16 months of rental payments have been deferred on this facility during the past two years. Prices of the fuel sold at the airport were increased to reflect higher costs during the year.Across the board increases were implemented for park and recreation fees during the year.Usage fees at the City's Central pool declined$12,503 (93%)this year as a result of the pool being closed to replace a major pump.During the current year$37,020 in special assessments were issued to cover the cost of demolishing buildings on four properties.At the end of the year only$4,150 of these new assessments had been paid. • Operating grants and contributions were$95,829(9.6%)more than the previous year.Grants and contributions used for the police and the fire department programs totaled$89,733 (18.7°/a)less than the previous year,while grant revenues used for neighborhood redevelopment totaled$67,683(42.4%) � more than the previous year. In the previous year a grant subsidizing the cost of an additional commercial round trip to St.Louis totaled$169,607.No revenue was received from this grant during the current year. During the current year the City received$278,929 in reimbursements from SEMA and FEMA related to clean-up costs of 3 weather related events. • Capital grants and contributions increased$69,735 (4.0%)over the previous year.In the current year $899,917 of donated assets and infrastructure were recorded.This was$206,060(29.7%)more than the previous year. Benefiting property owners were charged$48,375 for a portion of this year's infrastructure costs.This was$73,359(603%)less than the previous year. The remaining grant and contribution revenue was$852,371 which was$62,966(6.9%)less than the previous year. • Property tax revenue was$105,974(6.0%)more than the previous year. Assessed value of real estate increased$46,664,940(12.5%)over the previous year.New construction and annexations accounted for$6,160,230(13.2%)and$4,719,910(10.1%)of this increase,respectively.Assessed value of ' personal property increased$3,318,576(3.4%)over the previous year.The City was required by state law to reduce its levy rate by 4.6%during the current year as a result its assessed value growth • Sales tax revenue was 50.0%of the total revenue during the current year vs. �0.8%in the previous ' year. This year's revenue was only$98,505(.5%)more than the previous year. From fiscal year ' ending June 30,2005 through fiscal year ending June 30,2007 sale taac revenue had annual growth rates of 1.7%,4.1°/a and 2.8%,respectively.During the first weekend in August customers can purchase limited amounts of school supplies,clothing,and computers without being charged sales tax. It is estimated that the holiday may reduce annual revenue by as much as 25%. � � CITY OF CAPE GIRARDEAU, MISSOURI Revenues from governmental activities(continued) � • Other taxes increased$392,254(5.1%)over the previous year.Convention and tourism taxes,business license taxes,franchise taYes,and other taxes grew$77,880(4.9%),$63,709(5.8%),$356,564 (10.9%),and$13,219(8.7%)respectively.Motor fuel taxes and liquor licenses decreased$114,954 (7.6%)and$4,164(6.4%). The increase in the convention and tourism taxes was comprised of a$55,983(5.4%)increase in restaurant taxes and a$21,897(3.9%)increase in hotel/motel taxes. 75.7%of the total franchise tax was collected from Ameren based on its electricity and natural gas revenues.This year's revenue from Ameren decreased$2,121 (.1%)over the previous yeaz.The current year's revenue from Ameren was negatively impacted by approximately$100,000 as a result of a rebate given to its natural gas customers during the year. The bulk of the increase in franchise tax revenue resulted from a$334,877 increase in revenues collected from telecommunication service providers.In previous years the City collected taxes from only the main local land based service provider.In the current year,as a result of settlement of a state- wide law suit,the City began collecting taxes from all telecommunication service providers. Approximately 64.4%of the$362,377 in telecommunication related franchise taxes received this year was for previous years'back taxes. In November of the current year the State began withholding from its monthly motor fuel tax distribution to the City amounts that had previously been overpaid to the City in error during the three previous years.This additional withholding,which will occur over a 32 month period,was the driving factor in this year's motor fuel tax reduction. • Other revenue decreased$35,201 (1.9%)over the previous year.Investment earnings,which account for 94.6%of other revenue,decreased$9,112(.5%).Revenue from sale of assets decreased$35,146 � (44.1%)over the previous year,while unrestricted grant and contribution revenue increased$6,215 (15.5%). Expenses from governmental activities • Administrative expenses increased$213,684(3.1%)this year.The city's payment to the Southeast Missouri State University related to the"River Campus ProjecY'increased$65,892(6.0%)to $1,171,001 this year.The"River Campus Project"is a joint City/LTniversity project in which the City agreed to make payments on bonds issued by the University to fund$8.9 million of construction costs related to a campus,performance center,and museum on property that oversees the Mississippi River. The campus began operating in the fall of 2007.The total cost of the project exceeded$60 million. Current revenues collected from the hotel,motel,and restaurant taJces not used for the operation of the Convention Visitors Bureau are committed to payoff the"River Campus"bonds.Unspent hotel,motel, and restaurant taxes collected before November 2004 are used to fund various tourism related projects. During the current year the City spent$167,467 on such projects,a decrease of$7,877(4.5%)over the previous year.At the end of the current year there was still$597,075 available for expenditure on future tourism related projects. During the previous year the City subsidized an additional St.Louis round trip by its commercial carrier.This grant funded subsidy costing$212,405 ended during that year.During the current year the City incurred expenses related to 3 various storm or flood events costing$312,730.The City received $244,731 of federal and state disaster aid related to these expenditures. Expenditures for the cost of resale fuel at the City's airport was$103,750(11.0%)higher this year compared to the previous year. � 6 CITY OF CAPE GIRARDEAU, MISSOURI � Expenses from governmental activities(continued) • Capital improvements increased$112,061 (37.4%)this year.This represents street and other capital projects that did not meet the City's$5,000 capitalization threshold(the amount at which the expenditure would be recorded as a capital asset). • Development services expenses decreased$140,213 (7.2%)this year. During the current fiscal year the City made economic development payments totaling$115,267 as reimbursements on development , agreements entered into in previous fiscal years.These payments were$34,778(232%)less than the ' previous year. During the current fiscal year the City spent$21,167 for professional services to complete its strategic plan.This was$81,489 less than the$102,656 spent for professional services last year when it updated its digital maps and began developing a strategic plan. The City spent$40,000(57.2%)and$58,649(29.4%)more this yeaz than the previous year for its public transit system and neighborhood redevelopment projects,respectively. During the current year the City also spent$10,000 in support of the dream initiative for powntown redevelopment and $12,500 for production services for the public access channel.In the previous year nothing was spent on these two items. Development services personnel costs decreased$138,328 (13.0%)this year over the previous year. Key factors for this reduction were improved workmen's compensation and health claims experience and the allocation of more personnel costs to capital projects of the City. Personnel costs are charged � to the City's capital projects based on hours worked and total hourly costs. • Interest and other costs were$84,002(6.2%)less than the previous year.Only scheduled principai and interest payments were made during the year.No additional debt was issued. • Parks and recreation expenses only increased$17,040(.5%)this year. During the year two significant repair costs totaling$10,132 and$42,232 were incuned for sewer repair at the Arena building and pump replacement at the Central pool,respectively.These costs were offset by personnel costs which decreased$65,535 (3.2%)as a result of improved workmen's compensation and health claims experience during the year. • Public safety expenses decreased$135,709(1.2%)this year.Personnel costs decreased$173,201 (1.9%)despite a$282,072(4.2%)increase in salary expense this year.A$559,525(41.0%)decrease in workmen's compensation and health costs resulting from improved claims experience during the year more than offset the increased salary expense. Grant funded operating expenses decreased$51,333 (30.9%)during this year. During the previous year the City spent$72,352 on grant funded communication equipment for the police department. Other significant cost decreases during the current year were: (1)51,876(302%)for small capital purchases (2)$26,512(65.5%)for dangerous building demolition and(3)$25,000(100.0%)for support of regional crime lab that was discontinued in the previous year. Significant cost increases during the current year were depreciation and vehicle fuel which increased $134,562(28.2%)and$52,321 (30.2%),respectively. • Public works expenses increased$160,959(2.9%)this year.Depreciation increased$216,277(6.0%) � while personnel costs decreased$86,823 (10.0%).Key factors for this reduction were improved workmen's compensation and health claims experience. 7 CITY OF CAPE GIRARDEAU, MISSOURI The chart below illustrates the surplus or net subsidy required for different key City programs � ' Softban Corr�lex I ■Fxpense I, � Golf Course � �fievenue I i Sdid Waste ', i Ii SCW Ef Water I� I fLblic Works i I PubNc SaTety � Parks 8 Recreation � IDevebpment Serv � AdrrinisVative �, j --T � —�—� i - 1.500.000 3,000.000 4.500.000 6.000.000 7.500.000 9.000.000 10.500.000 12.000.000 I i The illustration above makes it clear that all the governmental activities and business-type activities of the City with the exception of water and solid waste required a subsidy by taxpayers.General revenues in these activities,which include transfers from special revenue sales taxes,were sufficient to provide adequate subsidies for both the governmental and business-type activities. Revenues by Source— Governmental Activities The chart to the right summarizes the sources of � revenue from government activities. The three _-- -- ----- --- — main sources of revenue and their share of total Re��„e5 ro�9o�e.�,„e��ai a�t;,,a�g ' governmental revenues are sales tax(50.0%), other taxes(20.8%)and charges for services ' �� ' (12.1%). zo.s% �� '� 50.0% ��, The City's general sales tax represents 449 percent of the total sales tax revenue and 46.6 rcent of the total eneral fund revenues. The �+°°�`''`a"es ' 1� g ' a.s% remaining sales taxes are for transportation, I ca�9,a�� ', sewer,water,and public safety projects. ' a.s% ' �� , , Operating C�argefor � � gran5 Service 4�8°�0 ' The general fund accounts for 62.0%and 49.4o�a z.s% ,z.,� _ of the other tax and service charge revenue respectively. This represents 27.0%and 12.5% of the total general fund revenues respectively. �.�/ g CITY OF CAPE GIRARDEAU, MISSOURI � Business-t,ype activities. Business-type activities Governmental funds. The focus of the City's increased the City of Cape Girardeau's net assets governmental funds is to provide information on by$2,771,808(compared to$1,980,607 in the near-term inflows,outflows,and balances of previous fiscal year).Excluding transfers from spendable resources. Such information is useful in government activities,business-type net assets assessing the City's fmancing requirements. In decreased$57,724 and$1,550,354,respectively, particular,unreserved fund balance may serve as a during the last two years.These decreases were useful measure of the City's net resources available of�'set by transfers from governmental activities for spending at the end of a fiscal year. totaling$2,829,532 and$3,530,961,respectively, during the past two years. As of June 30,2008,the City's govemmental funds reported combined ending fund balances of Transfers of sales tax revenue for bond payments $30,003,189,an increase of$3,306,016(3.9%)from totaling$2,198,604 and operating subsidy transfers the prior year. Approximately 47.4 percent from the general fund totaling$472,744 make up ($14,227,584)constitutes unreserved fund balance, 77.7%and 16.7%of this year's total transfers, which is available for spending at the City's respectively. Last year these transfers totaled discretion. The remainder of the fund balance is $2,155,715 and$414,050,respectively and reserved to indicate that it is not available for new represented 61.1%and 11.7%of that year's spending because it has already been committed 1)to transfers.Transfers of water system improvements meet the City's Charter required emergency reserves from the capital projects fund decreased$527,913 ($4,175,042),2)to fund purchase orders open at the from the previous year to$38,184 this year. end of the year($9,736,698),3)to set aside fund balance not currently available for expenditure equal The net change in assets before transfers and to long-term loans due from other City funds general revenues in the sewer,water,solid waste, ($1,077,450),4) to pay debt service($255,361),and golf,and softball operations totaled$(737,275), 5)restricted to a specific use($531,054). w $168,835,202,608,$(132,568),and$(303,715), � � respectively,this year.This compares to The general fund is the chief operating fund of the $(2,099,137),$374,752,$(79,209),$(134,784), City. At the end of fiscal year ending June 30,2008, and$(304,053),respectively,in the previous unreserved fund balance of the general fund was year. $419,481 while total fund balance was$5,189,680. As a measure of the general fund's liquidity,it may be useful to compare both unreserved fund balance and total fund balance to total fund expenditures. '� Revenues for business-type activiies i Unreserved fund balance represents only 1.8 percent i of total general fund expenditures including transfers. ' However,included in the reserved fund balance is caP�c� $3,219,219,which had been reserved to meet the City ', grents� Chargefor �. 10.5% s��;�e Charter's emergency reserve requirement.This ' 84_Si ', amount represents 13.8 percent of total general fund ', expenditures including transfers and could be used if an� � �, an emergency was declared by the City Council. s.o r � , The Governmental Funds Statement of Revenue, - ------ ' Expenditures,and Changes in Fund Balance shows that the fund balance of the City of Cape Girardeau's general fund decreased by$355,801 during the current fiscal year.The General Fund Statement of Revenues, Financial Analysis of the City's Funds Expenditures,and Changes of Fund Balance prepared on a budget basis shows current fiscal year decrease of As noted earlier,the City of Cape Girardeau uses $538,396.Differences between the amounts reflected in fund accounting to ensure and demonstrate �e two statements can be found in Note A Section 6 of compliance with finance-related legal �e notes to the fmancial statements. � requirements. 9 CITY OF CAPE GIRARDEAU, MISSOURI "The original adopted general fund budget for the projected for the budget. The adopted budget fiscal year ending June 30,2008 was balanced for fiscal year ending June 30,2008 had l � with the projected use of$29,972 in accumulated assumed 3%growth on projected revenue for �+r fund balances from previous years.The actual fiscal year ending June 30,2007. general fund results decreased fund balances by $538,396. Significant deviations from this o Real estate and personal property tax budget are detailed below: revenue increased$112,788(7.6%)over the previous year which was$68,411 (4.5%)more o Sales tax revenue was$49,802(.6%) than projected for the budget. greater than the previous year,which was $272,943 (3.0%)less than projected for the Assessed values for real estate and personal adopted budget. This resulted from less property were 12.4%and 3.5%more, than expected growth in the previous fiscal respectively,this year than the previous year. year and 2.4 percent less than expected The adopted budget for fiscal year ending June growth in the current fiscal year. 30,2008 had assumed 2.5%and 4.0%assessed value growth respectively. o Franchise tax revenue was$356,565 (10.9%)more than the previous year.The o Other license and permit revenue was main factor for this increase was a $1,813 (1.0%)higher this year than the $334,877(1217.7%)increase in revenues previous year which was$49,119(20.6%)less collected from telecommunication service than projected for the budget.The adopted providers resulting from a change from the budget for fiscal year ending June 30,2008 previous year in how the tax was applied. projected revenues based on increased building and construction permit fees. Previously the City collected taxes from only the main local land based service o Internal charges were$23,682(2.8%) provider.In the current year,as a result of greater than the previous year which was settlement of a state-wide law suit,the City $75,692(7.9%)less than projected in the began collecting taxes from all providers of budget. � telecommunication service.Approximately $233,500 of the telecommunication related o This year's intergovernmental revenue franchise taxes received this year was for inciuded$289,527 in disaster relief payments previous years' taxes. from state and federal agencies resulting from various natural disasters during the year.These Franchise tax revenue was$310,083 payments caused revenues to exceed budgeted (93%)more than projected for the adopted revenues by 38.0%($275,151).Total budget.Franchise taxes from electric and intergovernmental revenue was$10,233 (1.4%) natural gas utilities,telecommunications, less this year than the previous year. and cable TV exceeded their budgets by $25,583(.9%),$252,377(229.4%),and o During the current fiscal year expenditures $31,350(9.0%). were$427,021 (23%)more than original budget.Current and capital expenditures o Fines and forfeits revenue was$71,068 exceeded the original budget by$249,153 (83%)less than the previous year which (13°/a)and$178,211 (no amount was was$141,156(15.3%)less than projected budgeted).Debt service expenditures were$343 for the budget. The adopted budget for (.2%)less than the original budget. fiscal year ending June 30,2008 had assumed 3%revenue growth over actual o Transfers to other funds for operating revenue for 12 months ending January 31, expenditures and capital expenditures exceeded 2007.Traffic cases processed by the their original budgets by$344,836(8.7%)and Municipal Court were 24.17%less this $7,080(283%)respectively. Additional year compared to the previous year. transfers to the airport fund accounted for $322,659 of the additional operating transfers. o Business license revenue increased $63,709(5.8%)over the previous year � j which was$41,950(3.7%)more than �w� 10 CITY OF CAPE GIRARDEAU, MISSOURI � Proprietarv funds. The City of Cape Girardeau's expenses.Excluding the land cost,all costs enterprise funds are all presented as major funds were funded by insurance proceeds,donations, for purposes of this report. As a result,all and grant revenues. statements related to the enterprise funds are presented at the government-wide level. The o $95,000 for fmal payment on option to purchase City does have Internal Service funds,which are land next to public works headquarters included reported in the fund statements. in public works capital outlay expenses. General Fund Budgetary Highlights o $44,430 for purchase of construction equipment and pickup trucks from the City's enterprise Total expenditures and transfers on the final funds included in public works capital outlay amended budget were$1,652,147(7.3%)more expenses. than the original adopted budget.The changes can be summarized as follows: o $67,180 for purchase of construction equipment and pickup trucks from the City's o $72,680 to cover the cost of completing the enterprise funds included in parks and City's comprehensive plan,additional fuel recreation capital outlay expenses. costs,and additional payments to Cape County Transit Authority for operation of o $400,000 general fund transfers to airport,parks the City's bus system included in current and recreation,golf and softball complex funds development services expenses. to cover the costs of projected operating deficits. o $73,300 to cover additional personnel, utility,fuel,maintenance,equipment rental, o $10,000 general fund transfer to housing minor equipment,and vandalism costs development grant fund to cover local match of included in current parks and recreation neighborhood improvement grant � expenses. Excess general fund revenues and unrestricted fund o $17,650 to cover additional legal and balances were used to fund all appropriations that actuariai expenses included in current did not have an identified funding source. administrative expenses. Capital Assets and Debt Administration o $172,735 to cover additional personnel, fuel,and other operating expenses of the Capital Assets. The City of Cape Girardeau's police and fire divisions included in current investment in capital assets for its governmental public safety expenses.The additional and business-type activities as of June 30,2008, other operating expenses,which totaled amounts to$232,510,704(net of accumulated $3'1,035,were funded by grant and depreciation). This investment in capital assets donation revenue. includes all land,buildings and system improvements,machinery and equipment,and o $24,706 to cover additional personnel, infrastructure owned by the City. street light electricity and fuel expenses included in current public works expenses. City Capital Assets o $624,334 to cover additional costs associated with sinkhole mitigation,flash z Z i , flooding,river flooding and an ice storm so.s�ro that occurred during the year which are zs�r included in current contingent expenses. ; ', ' ---- '. . �� Land_._—...--,� o $50,132 to cover the costs of a new ' i � ■Buildings/Equipment:�, "DARE"vehicle,replacement police vehicle,land,and small equipment aa.a�io , o��r�a5w�c��e � included in public safety capital outlay ' oco�s«�«�o�� , . -----– ---- -_-_=.Progress -- 11 CITY OF CAPE GIRARDEAU, MISSOURI City of Cape Girardeau's Capital Assets � (net of depreciation} Governmental Business-kype Activiry Activities Tatal ___ 2008 2007 2Q08 2007 2008 2007 Land 4,9�18,851 4,939,63d 161;990 161,99d 5,110,841 5.101,620 Buildings and system improvements 12,006.556 12,348,075 2,401,870 2,613,362 14.40H,426 14,961,A37 Impravements other than buildings '50,438,168 10,148:266 86,308.300 87,449,447 96,746,468 97;197,713 Equipment 4,367,125 4,242,Od8 3,002,885 2:936,843 7,370,010 7,178,851 infrastructure 103,172,322 104,337.991 - - 103,172,322 104,337,991 Construction in progress 4,250,107 2,091,426 1,452.530 1.688.113 5,702,637 3,779,539 Total 139,183,129 138.107,396 93,327.575 94,449,755 232,510,704 232,557,151 Major capital asset events during the current fiscal year included the following: o Construction costs totaling approximately $114,500 were also incurred on flood and o Construction costs totaling$4,031,118 on storm water control projects. approved transportation sales tax projects were incurred this year. This tax was o Construction costs totaling$703,710 on sewer originally approved to complete a specific system projects were incurred this year. A � list of street projects,which also included capital improvement sales tax was originally amounts for street repair and overlay, approved in 1994 to complete a specific list of sidewalk construction and repair,and improvements to the sewer system. Over street light installation and upgrades. $33,350,000 in revenue bonds have been issued through the State Revolving Loan o Construction costs totaling$318,882 on Program to complete these projects. Most of water system projects were incurred this the projects on the list are now complete. At year. Major water system improvements the end of the year,only the South Ramsey included the exploration for a new water Branch Lift Station was not complete. source in the southern part of the City, adding water main extensions and the o Police and fire station improvements in the two-inch water main replacement amount of$116,550 were made possible by program. the passage of a Fire Sales Tax. Also funded by this tax was the construction of a new fire o $131,115 in costs was also incurred on station. Current year expenditures on this street projects not included on the project amounted to$102,469. transportation sales tax list of projects. o Total expenditures to remodel the aviation o Construction costs totaling$290,649 were terminal building at the Airport amounted to incurred for other improvements. These $496,456. This was partially funded by grant projects included completing the revenue. renovation of the old Mississippi River Bridge,traffic signal upgrades,parking lot Additional information about the City's capital assets improvements in the downtown area, can be found in note D of this report. replacement of airfield signage,and the rehabilitation of the fuel farm pavement at � the airport. 12 CITY OF CAPE GIRARDEAU, MISSOURI � City of Cape Girardeau's Outstanding Debt Year ended 2Q08 Govern m en ta I 8 usi nes s-type Activity Activities Total 2aos 2007 2oos 200� 2oas 2007 Notes payable 1,264,375 1.336,625 485,625 513,375 t,750,00d 1,85Q,Qd0 Speciai obligatior� bonds 7,270,161 8,062,549 379;012 567,750 7,649,173 8,630,299 Revenue bonds 18,485,931 19.487,084 32.660,905 35,904,088 51,146,836 55,391.172 Certificates of participation 2,365,258 2,490,318 - - 2,365,258 2,49d,318 General obligation bot�ds - - _ _ _ _ Leasehoid revenue bands 108,004 141,000 - - �oa.000 141,OQ6 29.493;725 31.517,576 33.525,542 36,985,213 63,Q19,267 68,502.789 ted Long-term debt. At the end of the fiscal year, This compares favorably with the preliminary the City of Cape Girardeau had total debt statewide and national unadjusted unemployrnent outstanding of$63,019,267. Bonded debt rates which were of 6.1%each.The unemployment outstanding totaling$51,146,836 is secured by rates were 4.1%and 5.1%for the county and state � revenues of the sewer and water funds and respectively for the previous October capital improvement sales taxes. The repayment of the remaining debt is subject to annual Growth of retaii sales slowed this year. Since the City appropriations. is heavily dependent on sales tax revenue for support of its general fund services,slowed growth of local The City's total debt decreased by$5,483,522 retail sales can have a significant impact on the City's (8.0°/a)during the year. During the past year the ability to fund services in the future. City made all normally scheduled payments and did not enter into any new debt. The state Hancock Amendment requires the City obtain simple majority voter approval to increase any More information about the City's outstanding permit or license fee that is not based on actual costs debt can be found in note E to the financial to the user and strictly limits the City's ability to statements. increase its real estate and personal property tax levies to support its general services such as police Economic Factors and the Next Year's Budget and fire protection.The City Charter requires voter approval to increase sewer,water,and solid waste Commercial and residential development slowed fees by more than 5%in any year. All other user fees during the current year. Commercial and can be adjusted to cover actual costs. residential pernuts valued at$28.8 million and $12.5 million were issued this year.Commercial Slowing economv. Sales tax is a significant revenue and residential permits valued at$33.0 million source of the City and is a barometer of the local and$27.5 million were issued in the previous economy.In the current year sales tax revenue only year.Only 50 single family residence building increased.5%while inflation grew at 3.5%.In the permits were issued during the cunent year.This previous year sales tax revenue increased 2.8%while was a 43.2%decline from the previous year. inflation grew at 2.7%. Sales tax is contracting at a 1.5%pace during the first five months of the current 2009 fiscal year. � 13 CITY OF CAPE GIRARDEAU, MISSOURI The City's restaurant and hoteUmotel gross Beginning in year six of the agreement,50%of the receipt taxes increased 5.4%and 3.9%, gross rentals from the NARS site will be used to respectively,this year.In the previous year they supplement the incremental sales tax revenues. � increased 9.4%and 6.3%,respectively. Reimbursements from incremental City sales tax revenue will be limited to$1,028,520. ReQional retail center. Through most of the 1990's Cape Girardeau continued to be a Payment made by the City pursuant to these regional retail center for much of Southeast agreements totaled$115,267 during the current year. Missouri and Southem Illinois. During the latter Payments totaling$430,551 have been made since part of the 1990's Cape Girardeau began to lose the beginning of these agreements. its share of the retail mazket to other ciries in the region as these cities added additional retail Bud�et for fiscal year endin�June 30,2009 and outlets in their communities. financial condition.In April of 2008 the citizens passed a'/z%parks/storm water sales tax which SALES TAX COMPARISON became effective October 1,2008.25%of the new sales tax will be used for parks and storm water FY05 FYQ6 FY07 FY08 operating expenses.The adopted budget for the fiscal Cape Girardeau 4�.1% �o,6°/� 40.9°�� 4�.2% year ending June 30,2009,which includes the impact Carbondaie 27.8°�0 29.d% 28.4% 28.6°:a of the new sales tax,was balanced with the use of Jackson 9.7°jo 9.9% 10.2°io 9.9°'� $37,899 in fund balances from previous years. Perryville �2'� 7_0°5 7.1% 7�°� The adopted budget included mid-year 2%wage Sikeston 14.2°�0 13.5% 13.44'o i 3.2°!a �creases and included projected revenue based on �00.o°-J 100.0°0 �to0.0°!0 �o0.o°a reasonable revenue assumptions.The City has subsequently substituted a$600 per employee The previous table,which includes the City of payment for the 2%wage increase in response to Cape Girardeau and significant retail centers slow revenue growth during the first part of the year. within a 50 mile radius,shows the percentage of The approved budget projected adequate revenue to estimated sales made by each City to the total cover its projected personnel and operating costs. � estimated sales of the five cities. Since the fiscal Capital costs were covered by fund balances,special year ending June 30,2005 the City's share of the purpose sales taxes,and enterprise fund revenues. local market has remained fairly stable. The current budget's health costs appear to have Local Economic Development. In 2004 the City stabilized as a result of a change to a more consumer entered into 2 long-term development based health coverage beginning January 1,2008. agreements to reimburse companies for the Charges required to fund maximum estimated claims public improvements associated with 2 retail will only increase 6.6%beginning January 1,2009. development projects from the additional sales tax generated from those projects The City's current financial position is strong in that it has more than adequate fund balance to cover In 2007 the City entered into a development existing claims and potential emergencies. However, agreement with the owner of a facility formerly its financial condition or its ability to provide enough leased by a Sears retail outlet to reimburse them reoccurring revenues to meet its reoccurring needs is for costs associated with the conversion of the still less than desuable.Funding of equipment for the former Sears facility into a call center for general and airport funds,excluding police,fire,and National Asset Recover Services(NARS)and various park divisions is still inadequate. other various improvements,such as fa�ade improvements,parking facilities,roof Requests for Information reconstruction,and HVAC enhancements.These This financial report is designed to provide a general costs will be reimbursed from incremental sales overview of the City of Cape Girardeau's finances tax from a development area which includes the for all those with an interest in the City's finances. former Sears facility,revenues from Community Questions concerning any of the information Improvement District which includes the Sears provided in this report or requests for additional facility,and savings from real estate tax fmancial information should be addressed to the abatements over the next 25 year on the Sears Finance D'uector,City of Cape Girardeau,PO Box � facility and improvements to the Sears facility. 617,Cape Girardeau,MO 63702-0617. 14 � ,1 CITY OF CAPE GIRARDEAU Office of the City Manager � Council Memarandum No. 09-02 Agenda January 5, 2009 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Show Me Green Sales Tax Holiday Dear Mayor and Council Members: Senate Bill�1181, enacted by the General Assembly in 2008, established the Show Me Green Sales Tax Holiday. This sales tax holiday exempts the sale of certain energy star certified appliances from state tax and takes place annually on April 19�'through Apri125`n According to State Statute, political subdivisions may choose to participate in the Show Me Green Sales Tax Holiday. In order to participate in the 2009 sales tax holiday, the City must enact an ordinance to that effect and notify the Department of Revenue no later than March 5, 2009. The ordinance must clearly state whether the City is choosing to participate solely in the 2009 Show Me Green Sales Tax Holiday or if it is choosing to participate in all subsequent Show Me Green Sales Tax Holidays. If the City's ordinance indicates it will participate in all future Show Me Green Sales Tax � Holidays, it will continue to be a participant in future holidays until it notifies the Department otherwise. If the City wants to participate in the 2009 Show Me Green Sales Tax Holiday, the Council would have to pass an Ordinance to opt into the Sales Tax Holiday at its February 17, 2008, meeting. This would require the first reading of an opt-in ordinance at the February 2, 2008, council meeting. Respectfully submitted, �C�w�.�C Gayl . Conrad City Clerk � Douglas K. Leslie City Manager � , __..;�,;,,, RFCEI VE p D EC 1 g 4:� ;:� v.�ouz� 2008 Taxation Bureau �%� '_ R T M EN T O F R E V E N U E Post Office Box 3380 �i;��=��_ �m�� Jefferson City, Missouri 65105-3380� (573) 751-4876 � E-mail: Localgov@dor.mo.gov City of Cape Girardeau City Clerk P. O. Box 617 Cape Girardeau, MO 63702 December 2008 RE: Show Me Green Sales Tax Holiday Dear City OfficiaL Senate Bill 1181, enacted by the General Assembly in 2008, established the Show Me Green Sales Tax Holiday in Section 144.526, RSMo. The Show Me Green Sales Tax Holiday exempts the sale of certain energy star certified appliances from state tax and takes place annually on April 19th through April 25th. According to the statute, political subdivisions may choose to participate in the � Show Me Green Sales Tax Holiday. In order to participate in the 2009 Show Me Green Sales Tax Holiday, a political subdivision must both notify the Missouri Department of Revenue (Department) that it will participate in the holiday and provide a copy of the ordinance/order to that effect no later than March 5, 2009. The ordinance or order must clearly state whether the political subdivision is choosing to participate solely in the 2009 Show Me Green Sales Tax Holiday or if it is choosing to participate in all subsequent Show Me Green Sales Tax Holidays. If a political subdivision's ordinance indicates it will participate in all future Show Me Green Sales Tax Holidays, it will continue to be a participant in future holidays until it notifies the Department otherwise. In the event your political subdivision opts to participate in one or more Show Me Green Sales Tax Holidays, please submit your ordinance and cover letter in a timely manner to: Taxation Bureau P.O. Box 3380 Jefferson City MO 65202 If you require additional information or assistance, please contact the Taxation Bureau at 573-751-4876. � Local Tax Unit Taxation Bureau Section 144-526 Show Me Green sales tax holiday--sales - Page 1 of 1 ` Missou�i Revised Statutes Chapter 144 � Sales and Use Tax Section 144.526 AUgusc Zs,Zoog Show Me Green sales tax holiday--sales tax exemption for energy star certified new appliances--political subdivision may allow exemption--retailer exception. 144.526. 1. This section shall be known and may be cited as the "Show Me Green Sales Tax Holiday". 2. For purposes of this section,the following terms mean: (1) "Appliance", clothes washers and dryers,water heaters, trash compactors,dishwashers,conventional ovens, ranges, stoves, air conditioners, furnaces, refrigerators and freezers; and (2) "Energy star certified", any appliance approved by both the United States Environmental Protection Agency and the United States Department of Energy as eligible to display the energy star label, as amended from time to time. 3. In each year beginning on or after January 1, 2009,there is hereby specifically exempted from state sales tax law all retail sales of any energy star certified new appliance,up to one thousand five hundred dollars per appliance, during a seven-day period beginning at 12:01 a.m. on April nineteenth and ending at midnight on April � twenty-fifth. 4. A political subdivision may allow the sales tax holiday under this section to apply to its local sales taxes by enacting an ordinance to that effect. Any such political subdivision shall notify the department of revenue not less than forty-five calendar days prior to the beginning date of the sales tax holiday occurring in that year of any such ordinance or order. 5. This section may not apply to any retailer when less than two percent of the retailer's merchandise offered for sale qualifies for the sales tax holiday. The retailer shall offer a sales tax refund in lieu of the sales tax holiday. (L.2008 S.B. I181,et al.) �O CO��vri�ht r'�� v��..�,:.. . '��> Mis_sou_ri_General As_semb� � http://www.moga.mo.gov/statutes/C 100-199/1440000526.HTM 12/31/2008