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HomeMy WebLinkAboutCouncil.Agenda.02-16-1999.Packet � � e ruar � . a e lrar eau � . . � i ourl ss � CITY OF CAPE GIRARDEAU, MISSOURI 401 Independence Street City Council Agenda � Tuesday, February 16, 1999 7:30 p.m. Invocation — Rev. Ann Mowery, Centenary United Methodist Church Pledge of Allegiance Call to Order Roll Call Council Meeting Minutes—February 1, 1999, Regular and Executive Sessions Adoption of the Agenda Public Hearin�s 1. A public hearing regarding the request of Vernon E. Rhodes Family Partners, L.P. for a community unit plan at the southwest corner of Kingshighway and Boulder Crest Drive in an R-4, multiple family residential district. (Bill No. 99-25, Agenda Item No. 12) (***Letter revised) � Letter No. 63 Action 2. A public hearing regarding the request of Charles W. Riske, Trustee, Christopher Evans and Thorn Investments, Inc. to rezone a 5.61 acre tract along County Road 206, north of Cobblestone Court from R-1, single family residential district, to R-4, multiple family residential district, and for a special use permit for a community unit plan on said tract. (Bill Nos. 99-38 and 99-39, Agenda Item No. 13). Letter No. 64 Action Appearances 3. Appearances before the Council on items listed on the agenda. 4. Appearances before the Council on items not listed on the agenda. � Citv Council 5. Communications to be presented by members of the City Council i City Council Agenda Page 2 February 16, 1999 � 6. Communications to be presented by the City Manager or City Staff. Consent Ordinances 7. BILL NO. 99-23, an Ordinance declaring it necessary to improve Timberland Drive from Kage Road to the dead end; Capaha Trail from the end of existing pavement to the dead end; Garden Lane from Capaha Trail to the dead end; Hill Street from Johnson Street to the dead end; Beaudean Lane from College Street to south of Elm Street; Beaudean Lane from Linden Street to Hickory Street; Engram Street from Highland Drive to the dead end; Terry Lane from Kingsway Drive to Joanne Street; and Johnson Street from Rand Street to Riverview Drive. Second and Third Readings. (***Letter Revised) Letter No. 61 Action 8. BILL NO. 99-26, an Ordinance declaring it necessary to improve that part of Kent Street, from the termination of existing pavement in Woodland Hills Subdivision to Lexington Avenue, approximately 450 feet. Second and Third Readings. (***Letter Revised) � L.etter No. 62 Action 9. BILL NO. 99-29, an Ordinance amending Chapter 30 of the City Code relating to zoning. Second and Third Readings. Letter No. 52 Action ]0. BILL NO. 99-28, an Ordinance accepting a drainage easement from Perry E. and Bessie R. Cook for the improvement of Missouri Street from Mississippi Street to Scott Street. Second and Third Readings. I.etter No. 53 Action I � 11. BILL NO. 99-32, an Ordinance levying a special assessment for the 97-1 4" asphaltic pavement j program for the improvement of Vincent Ave. from Country Club Dr. to Timon Way; Flint Hill Rd. j � from Big Bend Rd. northwesterly to a dead end; Country Club Dr. from the club gate southward to ` a dead end; Redwood Dr. from Vista Ln. to Lear Dr.; Bevin Dr. from West Rodney westward to a dead end; Cedar Ln. from Charles St. northward to a dead end; and Rand St. from Water St. to j Roberts St., and authorizing the issuance of special tax bills therefor. Second and Third Readings. ' City Council Agenda Page 3 February 16, 1999 � I.etter No. 54 Action New Ordinances 12. BILL NO. 99-25, an Ordinance granting a special use permit to Vernon E. Rhodes Family Partners, L.P. for purposes of constructing, maintaining and operating a community unit pian at the southwest corner of Kingshighway and Boulder Crest Drive. First Reading. (***Letter Revised). Letter No. 63 Action 13. BILL NO. 99-38, an Ordinance amending Chapter 30 of the City Code by changing the zoning of part of a tract along County Road 206, north of Cobblestone Court, from R-1 to R-4. First Reading. BILL NO. 99-39, an Ordinance granting a special use permit to Charles W. Riske, Trustee, � Christopher Evans, and Thorn Investments, LLC, for the purpose of constructing, maintaining and operating a community unit plan along County Road 206, north of Cobblestone Court. First Reading. Letter No. 64 Action 14. BILL NO. 99-34, an Ordinance amending Schedule F of Section 26-247 of the City Code, establishing no parking on Broadway. First Reading. Letter No. 65 Action 15. BILL NO. 99-35, an Ordinance amending Schedule C of Section 26-121 of the City Code, by placing a stop sign on Lynwood Hills Drive. First Reading. I.etter No. 66 Action � 16. BILL NO. 99-36, an Ordinance amending Schedule P of Section 26-248 of the City Code, establishing limited parking on Randol Avenue. First Reading. City Council Agenda Page 4 February 16, 1999 � I.etter No. 67 Action 17. BILL NO. 99-37, an Ordinance annexing land to the City of Cape Girardeau upon the request of the Missouri State Highway and Transportation Commission. First Reading. Letter No. 68 Action 18. BILL NO. 99-40, an Ordinance reaffirming the action of the City Council declaring it necessary to improve, providing for the improvement, directing the City Manager to enter into a contract to do the work, and providing for the manner of payment of the work, of Bloomfield Road from west of Kingshighway to Siemers Drive, not including I-55 bridge, for a distance of approximately 6500 feet. First Reading. Letter No. 69 � Action 19. BILL NO. 99-41, an Ordinance reaffirming the action of the City Council declaring it necessary to improve, providing for the improvement, directing the City Manager to enter into a contract to do the work, and providing for the manner of payment of the work, of Bloomfield Road from Christine Street to Spring Street, for a distance of approximately 950 feet. First Reading. Letter No. 70 Action 20. BILL NO. 99-42, an Ordinance reaffirming the action of the City Council declaring it necessary to improve, providing for the improvement, directing the City Manager to enter into a contract to do the work, and providing for the manner of payment of the work, of Hopper Road from Mt. Auburn Road to Kage Road, for a distance of approximately 3258 feet. First Reading. Letter No. 71 Action 21. BILL NO. 99-43, an Ordinance reaffirming the action of the City Council declaring it necessary to improve, providing for the improvement, directing the City Manager to enter into a contract to do �""'� the work, and providing for the manner of payment of the work, of Hopper Road from Oak Ridge � � Court to I-55, for a distance of approximately 1700 feet. First Reading. City Council Agenda Page 5 February 16, 1999 � Letter No. 72 Action 22. BILL NO. 99-47, an Ordinance authorizing the City Manager to execute an Intergovernmental Cooperation Agreement between the County of Cape Girardeau and Cities of Jackson and Cape Girardeau for the purpose of forming a Transportation Corporation to facilitate the acceleration of design, engineering and construction of highway improvements along the I-55 Jackson/Cape Girardeau corridor; and take certain actions related thereto. First, Second and Third Readings. Letter No. 78 Action Resolutions 23. BILL NO. 99-33, a Resolution authorizing application to the Missouri Department of Transportation for Transportation Equity Act for the 21"` Century (TEA-21) funds for the construction of pedestrian sidewalks on Perryville Road and Lexington Avenue. First Reading. � Letter No. 73 Action 24. BILL ON. 99-44, a Resolution authorizing applications to the Missouri Department of Social Services under the Emergency Shelter Grant Program, for Safe House for Women, Inc. and the Salvation Army, and authorizing the City Manager to execute all necessary grant documents. Reading and Passage. Letter No. 74 & 75 Action 25. BILL NO. 99-45, a Resolution authorizing application to the Missouri Department of Natural Resources, Division of Environmental Quality, Solid Waste Management Program, for the Cape Girardeau recycling drop off facility, and authorizing the City Manager to execute all necessary grant documents. Reading and Passage. Letter No. 76 Action � City Council Agenda Page 6 February 16, 1999 � 26. BILL NO. 99-46, a Resolution authorizing the City Manager to execute an addendum to engineering services contract with Bowen and Lawson, Engineering and Surveying, for the Hopper Road extension project. Reading and Passage. I.etter No. 77 Action 27. BILL NO. 99-48, a Resolution authorizing the City Manager to execute an agreement with Nip Kelley Equipment Co., Inc. for the Hopper Road extension, Phase IIA. Reading and Passage. L.etter No. 84 Action Appointments 28. Appointments to the Cable Television Advisory Board. Letter No. 79 � Action 29. Appointment to the Ethics Commission. Letter No. 80 Action 30. Appointment to the Board of Adjustment. Letter No. 81 Action Other 31. A motion approving the amended preliminary plat of Vernon Rhodes Subdivision. (***Letter revised). Letter No. 82 � Action City Council Agenda Page 7 February 1G, 1999 � 32. Discussion regarding a proposed amendment to Chapter 15 of the City Code relating to electrician license holders. I.etter No. 83 Action 33. Other business. 34. 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 Tuesday, February 16, 1999, 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. � � ,. PUBL IC � HEA RI NG S � ; t � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager � Council Letter No. 63 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for Special Use Permit for a Community Unit Plan Dear Mayor and Council Members: On February 1�` the Council continued the public hearing on the request of Vernon E. Rhodes Family Partners, L.P. for a Special Use Permit for a Community Unit Plan at the southwest corner of Kingshighway and Boulder Crest Drive. The Communiry Unit Plan is for a six-building apartment complex, with five buildings with 14 units and one building with 8 units. The property is currently zoned R-4 and C-2. The Planning and Zoning Commission recommended anproving this application at its � meeting on December 9, 1998, by a vote of 9 in favor with none in opposition, with the stipulation that the drives shown on the plat be connected and a second entrance be installed. Several citizens appeared in opposition to the plan at this meeting. A revised plan for the development was submitted and reviewed at the January 13�' Planning and Zoning Commission meeting. The revised community unit plan was approved by a vote of 6 in favor and 2 in opposition, with the stipulation that the developer meet with the City Fire Chief to attempt to satisfy his concerns regarding access. Fire Chief Dan White did meet with the developer and forwarded a memorandum regarding the need for a second access to the development, which memo is attached. There were no citizens present in opposition to the request at the January meeting. Following the February 1�` Council meeting, Council members and staff met on-site with Mr. Scott M. Rhodes on Monday, February 8�', to discuss the need for a second access into the project. At the on-site meeting, Mr. Rhodes presented the Council with a letter concerning other developments in the City. In regard to the Lynwood Hills Subdivision, Mr. Rhodes debated whether or not it was developed prior to annexation. The subdivision plat was recorded with the County on June 13, 1997. On October 31, 1997, the annexation of the subdivision, excluding three lots owned by 1Vfike Smith, became effective. Mr. Smith initiated construction of apartment buildings on his lots at about this time. Two of the apartment buildings were nearing completion when Mr. Smith's lots were annexed effective January 16, 1998. � Honorable Mayor and City Council Agenda February 16, 1999 Page 2 �. It is recommended that the City Council hold this public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Pernut. The Council should note that, as currently written, the Special Use Permit will require a second access if it is approved in this form. Respectfully submitted, , ent M. Bratton Ci Planner � �' Fire Chi ___---- - ��.._...._.__...�,.:,- " Michael G. � City Manager KMB/DW/MGM/rlf �� �� . . � �l � � �'�"''� Memorandum ��i ' TO: Kent Bratton, City Planner FROM: Dan White, Fire Chief DATE: January 25, 1999 RE: Vernon Rhodes Subdi�nsion off of Boulder Crest I met with Scott Rhodes on Tuesday, January 19, 1999 in my of�ice to discuss the concerns the fire departmen±has about the proposed suodivision off of Boulder Crest. In this meeting, I advised Mr. Rhodes that we need a secor.d access ofr of Boulder Crest into the subdivision due to the following reasons: 1. The type of occupancy proposed is a high density residential. The buildings proposed x.re multi-story. The numbers of people potentially endangered in an emergency, disaster, etc. would be a concern. 2. The length of the cul-de-sac proposed would prohibit any effective alternative for nre � fighting if access could not be gained. 3. The area proposed is a filled site, and the construction of the proposed road would require more fill to bring it up to an acceptable grade. We a.re in an earthquake orone �rea. The potentia] for road failure in a seismic event would be significant. 4. The lay of the land is a concern as it is somewhat "bowl-shaped." All of the occupancies proposed would be in the bottom of this bowl. Again, alternatives for accessing the buildings in case of emergency would be very limited in case of road failure. 5. A second road off of Boulder Crest could be designed to give access to the rear of the buildings. Access to the re�r of the buildings may be required by th� Fire Code regardless of a secondary access�nto the subdivision being requested. While a second roadway is no guarantee of access in case of emergency, it would give emergency services a significantly better chance in case of road failure at the primary access road. At the conclusion of our meeting no agreements were reached, and Mr. Rhodes indicated we would hear further from him regarding the project. � � & o � � �f:�� � o y��� �. , Q � N^O .. J , o ¢ � � _ �N y� O �`j� � . ,t . ... 8 Y . N �a= � . . . < ; � rc N� •• � y�E U � �F.^�, 8 y� + � `q ��� W� � � ! /� � a �n Q � � �¢� + O ��`! NY'v �j^ I HW� y/� fr�1� 1��" �^� • �I ' � ��7 V� O � O�r VN� � . ���< '^ s� oo G c ,� 2�n� W �� yI $ � >W�pq �p �r � � / ` o! a��1��NO{N�W `W¢NW N�NOTZixx 6F�U . '�' !" x� � ��ma����� ��o� li$�q<<jno7�� 72i�✓�i . . - -� 1� � K5J� C NN , V� Wy2/hW<2 �yI���J� N< <<q7Y JZZ >>- ' . /� � p C>f�vVg>�hC��d=1 K��„Zf����0�� �n�� � �y.� R' �i �f � r n < ci � Q �'1 �d; � \ •��";„�� �� il �t. � . � `,�^ `S '__� �' =i � �Y � N � �� �/ "� �; A ba� � _ .. a � � - (, .:�\:� ti , ;.(� €�{� � ' . � � � . � ' �. s � � I�r � . vy ,1' 1 r�� . , T � � .1 jl � , � � � � G, t . / , , � V' o � ' � ' ' �it: ) � . � � � . � .a F � .. 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" 1 .l b' �*+�`� . � . .-' ��. � . . l " �� = ./- �� -- .. ._ .. . �� ' .- i! e __. .� �.J � '_ ' ' . _ �. . .o ' , '� - —. .. . _ - � �� ,� �� : : . _ - . - _. _ _. � �r= . *, . .� _ �-�� � / � - _. ...- - +�, . . � _ _ _ .�� �' � .. �:, �� .. - -. -. �•. ', _ / �,.,.� . _. _ , '" " °�w b ` -. � j . ^_ `—:�' " ; o`` � � / _ � , � CITY OF CAPE GIRARDEAU PLANNING AND ZONING COMIVIISSION RESPONSE Request for Special Use Permit Recommended Action: That the request of Vernon E. Rhodes Family Partners, L.P. for a Special Use Permit for a Community Unit Plan at the southwest corner of Kingshighway and Boulder Crest Drive in an R-4, Multiple Family Residential District, be recommended for approval. Vote Count: Favor - 6 Oppose - 2 Abstain - 0 Date Recommendation Made: January 13, 1999 � List the time period, ownership, size, design, or other limitations recommended: Comments: The Commission requested that Scott Rhodes meet with Fire Chief Dan White to address fire protection concerns for the development. Citizens in attendance at meeting: Scott Rhodes - representing the applicant Secretary ( � CITY OF CAPE GIRARDEAU PLANNING AND ZONING CONIl�IISSION RESPONSE � Request for Special Use Permit Recommended Action: That the request of Vernon E. Rhodes Family Partners, L.P. for a Special Use Permit for a Community Unit Plan at the southwest corner of Kingshighway and Boulder Crest Drive in an R-4, Multiple Family Residential District, be recommended for approval. Vote Count: Favor - 9 Oppose - 0 Abstain - 0 Date Recommendation Made: December 9, 1998 List the time period, ownership, size, design, or other limitations recommended: � That a second exit onto Boulder Crest Drive be constructed. That the driveways shown for the complex be connected. Comments: Citizens in attendance at meeting: Scott Rhodes and Vernon Rhodes - applicants � S cretary � CITY OF CAPE GIRARDEAU, MISSOURI � City Staff Review and Referral of Application For Rezoning ❑ OR Special Use Permit � File No. 9O3 Address of Property_�� Corner K��oshia tilQ � � ��Ider Cres'I" CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? �e S 2. Is plat sufficient? yes 3. Will intended use conform to requested zoning? �',Q.s 4. Has intended use already commenced? /�� 5. Comments: �.���-� �/-Z s-,g ity Pla :/Development Services Coordinator Date . ...........................................................................� CITY ATTORNEY: 1. Is legal description sufficient? y�� � 2. Will intended use conform to requested zoning? � /"7 3. Can requested Special Use Permit be legally granted? � 4. Comments: . �i_ ��, ����� �-v� �5/�9� City Attorne Date . .....................................................................� CITY NAGER REFERRAL TO PLANNING AND ZONING COMMISSION: fz--- J _ ��� City Manage , ichael G. Mill� Date ..............................................................................� PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: � Staff Member Posting Notice Date Revised 4/21/1998 P. 0: City of Cape Girardeau, Missouri � Application For . Rezo�aing - ❑ OR Special Use Permit -� �' Da2e Reoeived ia Plannin�Services Office: II-a,S-9R By: � SECTION A 1. Streat address of tract(or other localion descriptioa): Southwest corner of Hwy 61 North and Bouldercrest Drive - Cape Girardeau, MC 2. Names artd addresses of all legal owners of tract: Vernon E. Rhodes Family Partners, L.P. � 3. Present wning classificarion: R-4 / G2 4. Reqvested new coning classification: N/A S' �q"���'� "�� Community Unit Plan 6. Person handling this application(name, address, phone numbcr): Scott M. Rhodes VernonE. Rhodes Family Partners, L.P. 2149 William Street Cape Girardeau, MO 63703 573-334-5036 7. If tract is to be transferred, �ame and addtcss of iatended owner: N/A � P.A . Page 2 � 8. I STATE UPON MY OATH THAT ALL THfi INFORMATI�N CONTAINED IN THIS � APPLICATION iS IRUfi. S' uatures ot ALL PERSONS lhted Ia Itiems 2 and 7 abovt and date of sigpatures): Name Datc Name Dau � � c� �� � ��— . , , , , , , SECTION B 1. I.egal description of tract: � See Attached `�.�/ P.9: � Page 3 2. Attach tc� thi� application a sc�C plat of the tract. oa aa 8� by 11 inch sbeet of pa�er, showing thc following: a. All boundary dimensions. b. All adjoining sueetc and alleys. c. All present improvements. d. All int�ndcd improvements. e. AII adjoining and cornering property Iines arul references w all owners listed in Section C. f. Zoning cl�" Zcadon of all adjoining and cornering pro�erty. SECfION C 1. List names and addresses �f ALL adjoining ]andowners. Include land which oorners an tract or which is across streets or a13e 5. . .: ,� 1) Grada M. Naeter 2) Denzil F. Slinkard 2121 Boulder Crest Drive Thomas F. Slinkard Cape Girardeau, MO 63701 2203 Boulder Crest Drive � Cape Girardeau, MO 63701 3) Kae S. & Soo Z. Hah 4) Joe D & Candis Ford 2230 Boulder Crest Drive 232 CR 646 Cape Girardeau, MO 63701 Cape Girardeau, MO 63701 5) Billy J. Drury Trust 6) Earl G. & Edna L. Statler 888 Concord Cove 2225 Boulder Crest Drive CapeGirardeau, MO 63701 Collierville, TN 38017 7) Jeannie H. Blaylock 8) Cape Girardeau County Pk N. 4323 Springmoor Drive # 1 Barton Square Jacksonville, FL 32225 Jackson, MO 63755 9) Lynwood Baptist Church 2935 Lynwood Hills Drive Cape Girardeau, MO 63701 � P. 86 Pagc 4 �V 2. With this application, ihe applicadon must deliver To the Plannin� Services Division a stamped, plaIn business envebpe addressed to each of the individuals listsd in Sxtion C, No. i. of this application. SECTION D 1. State the use to which this tra,ct will be put if rezoned as requesced or if a special use pezmit is granud as requested. Attach plans, pictures, or drawings of oommercial or industrial buildings- Multi-Family Development 2. If this is an applicarion for a special use permit, state the limitadaas you offer to put on thc permit relating to time period, uact ownership, sice and dcsign of improvemcnts to be constructcci. � 3. Is a transfer of ownership of the tract depcndeni upon the approval of this applicarion? NO 4. Has �hcre been a prior application for a reznning or special use pemut for this tract, or a larger or smaller paroel invelving this tract7 If so, �ive t�c date and state thc prioz ac�o� taken. Yes, on/or about January, 1996 - Approval given April 15, 1996 `�.� P.07 Page S � SEGTION E 1. Staze the reasons why you bclicve the requested remning or rcqucstcd special use permit wiIl be bcnc8cial to the noighborhood and the C;ity. To benefit the need for the continuat growth of the city and meet the demand for higher quality living. � �i+.a ani�ss � Baer Land Survevin9 3145476175 P. 02 � . . , { w ;. I . � . : .. y ,. � �; � � � � � � ;� , �C . • ,� _ � p (1,J��� s. � � � � �'� � u m� �� . 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I � f 1 � � 14 cr. � 1 � , /��� '- .��� / � � � � � }� f � � � � � � ri� = � � �� : i I � I � �� ; a I , r �:-.� ���� / / � _� � � {� ��� � � -- /i /. •';•y / �l' ._ ,, % � 1 1 � �ii�� ��-:;.J.• � �i ��� _ � � �y i j � 7 �<<�� � • ' � i � ' �� �� �` 1 ,��l � o ; �1 \�� �1 �/ � /� . �. �� ' ���,��� } `�� � �, m l `�111 �1 � .r / � - ' . �} 1 � �, 1 � , �� . � �/)� /��lt_ /• 0,7 � i' � '' ��' a,,,:,,,,,,, � � ��� �� ` � � ` -= i; �// ' � � / <, ^� . 1 �� I � � } , � �,� � � �� p � � i � � I� 1 ,. __ / i� / 2-� � � ! �� � l� I � _ i � � �' � �� l�/ 1 l l -� .r � �-- , � ' /�'� ./�/ ' '��� —- - •• - - — �' � � " ��// �/�� � � � / •� /��f . ��� �- —._ � _ -'�-+�;�' -� ��,^,,,/ ' _ /�/ //// �• �� / " ..i-��#�`� �f ���� �J � / !�/ • . .���� � ,� .� J � � / //// �/ '`�'��_ ���� ..�.��� �.� +• � ..�• _ /:���/ �f'' .....-...��... -� � _\��^ ~///I.�•�` � el / --�� - .�- _ � �� j� �''�/ � " �' / [ ' L��AL DESCRIPTION - R�: A tract of land lying in the Northeast Quarter of the Northeast Quarter of Section 27, Township 31 �\orth, Range 13 East, Cape Girardeau County, Missouri, described as follows: E.yinning at a point that is S1°09'E, 424.17' from an old iron pipe being the intersection of S�ions 22, 23, 26, and 27 in said Township and Range; thence continuing S1°09'E, 18.0'; thence S83°30'W, 122.0'; thence 570°32'W, 290.0'; thence S71°3'W, 137.0'to a point of a curve to the right; thence along said arc of said curve to the right having a radius of 128', a distance of 1�7.0'; thence N39°37'W, 131.5'; thence N6°30'E, 389.5'; thence S63°26'S9"E, 791.59'to the peint of beginning, containing 4.73 acres. [ ' ,,... � � , ,•,,;:-,:i .- `e��A�(X ♦ " �'•~`*�f7r . . . _ , . •.�����_�� i '••..'}, 1 .i "�ry 'i�.�.t . , . `I'�'�9j/��t . . _ ' ' . . .. . � � � •��,�7;�,"'J'.�y/ ' - � . .. ' ' . � �'��Ii( LEGAL DESCRIPTION - C� A tract of land lying in the Northeast Quarter of the Northeast Quarter of Section 27 AND the � Northwest Quarter of the Northwest Quarter of Section 26. all in Township 31 North, Range 13 East, Cape Girardeau County, Missouri, described as follows: Beginning at a point that is S1°09'E, 232.53'from an old iron pipe being the intersection of Seciions 22, 23, 26, 27 in said Township and Range; Thence S70°36'35"E, 354.11'; Thence S86°06'13"W, 203.66'; Thence with the arc of a 9°16'18" curve to the left a distance of 129.15'; Thence S1°09'E, 45.15'; Thence N63°26'S9"W, 791.59'; Thence N6°30'E, 119.0'to a point on the north line of said Section 27; Thence S86°E along said North line, 222.00; Thence leaving said North line, along a curve to the left having a radius of 2000.1', a distance of 541.0'to the point of beginning, containing 3.66 acres. ``�...�� � _ ' . . . � - � .. `�./ � LEi:.aL DESCRIPTION FOR VERNON RHODES: A trcf of land lying in the Northeast Quarter of the Northeast Quarter of Section 27 ANO the Nor:hwest Quarter of the Northwest Quarter of Section 26, all in Township 31 North, Range 13 Ea�t, Cape Girardeau County, Missouri, described as follows: Beginning at a point that is S1°09'E, 232.53'from an old iron pipe being the intersection of Se�.�ons 22, 23, 26, 27 in said Township and Range; Thence S70°36'35"E, 354.11'; Thence S8o'06'13"W, 203.66'; Thence with the arc of a 9°16'18"curve to the left a distance of 12g.15�; Thence S1°09'E, 63.15'; Thence S83°30'W, 122.0'; Thence S70°32'W, 2g0.0'; Thence S71°3'W, 137.0'to the point of a curve to the right; Thence along the arc of said curve to the right having a radius of 128.0', a distance of 157.0'; Thence N39°37'W, 13�.5'; Thence N6°30'E, 508.5'to a point on the north line of said Section 27; Thence S86°E along said North line, 222.0'; Thence leaving said North line, along a curve to the left having a radius of 2000.1', a distance of 541.0' to tha point of beginning, containing 8.39 acres. [ � _ • CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 64 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Pu61ic Hearing on Request for Re.zoning of a 5.61 Acre Tract on County Road 206 and a Special Use Permit for a Community Unit Plan This agenda item provides for the holding of an advertised public hearing on the request of Charles W. Riske, Trustee, Christopher Evans, and Thorn Investments, L.L.C. to rezone a 5.61 acre tract along County Road 206, north of Cobblestone Court, from R-1, Single Family Residential District, to R-4, Multiple Family Residential District, and for a Special Use Permit for a Community Unit Plan on said tract. The Planning and Zoning Commission recommended denial of this request at their meeting 7anuary �3, 1999. The Commission's vote on this application was 0 in favor and 7 opposed to the approval of this request, with 1 abstention. At its meeting on January 19, 1999, the Council filed the request. A verbal request for public hearing was received by the City Manager's Office on January 20'�, with a written request for a public hearing being received on January 26, 1999. The hearing was then scheduled for the February 16�'meeting. The required public notice was subsequently published on January 29`�. It is recommended that the City Council hold the advertised public hearing on the request for rezoning and Special Use Permit. ff the Council decides to grant the rezoning and the Special Use Permit, an ordinance is attached for first reading consideration. Respectfully submitted, /%/' '`'��w�j j� Kent . Bratton Ci lanner i / Mic�ael . City Manager � ICBM/MGM/rlf � CITY OF CAPE GIRARDEAU PLANNING AND ZONING CONIIVIISSION RESPONSE Request for Rezoning and Special Use Permit Recommended Action: That the request of Charles W. Riske, Trustee, Christopher Evans, and Thorn Investments, Inc. to rezone a 5.61 acre tract along County Road 206, north of Cobblestone Court from R-1, Single Family Residential District, to R-4, Multiple Family Residential District, and for a Special Use Permit for a Community Unit Plan on said tract be recommended for disapproval. Vote Count: Favor - 0 Oppose - 7 Abstain- 1 Date Recommendation Made: � January 13, 1999 List the time period, ownership, size, design, or other limitations recommended: Comments: Citizens in attendance at meeting: Robert Burchfield - applicant; Jason Crowell - representing applicant; Dennis Raddle - 2771 County Road 206; Tina Shurrock - neighbor; Terry Payne - 2695 County Road 206; Earl Norman - 286 Benton Hill Trace; James Govero - 2899 County Road 206 � Secretary CITY OF CAPE GIRARDEAU, MISSOURI City Staff Review and Referral of Application For Rezoning � OR Special Use Permit � � File No. 9 p(o Address of Property (ai b dnev )oocl� s u�a;v i S i�n CITY PLANNER/DEVELOPMENT SERVICES COORDINATOR: 1. Is present use consistent with present zoning? ��S 2. Is plat sufficient? `�e,5 3. Will intended use conform to requested zoning? ��5 4. Has intended use already commenced? /1�� 5. Comments: �....�'/1� , , ( � s� City Planne�/Development Services Coordinator Date ..............................................................................� CITY ATTORNEY: 1. Is legal description sufficient? ��� 2. Will intended use conform to requested zoning? S 3. Can requested Special Use Permit be legally granted? y�j� � 4. Comments: �� (G ��N � ,� � ��v. � /�99 City At rn y Date .. .........................................................................� CIT MANAGER REFERRAL TO PLANNING AND ZONING COMMISSION: /'6 � - City Ma , ichael G. Miller Date ..............................................................................� PLANNING SERVICES STAFF: 1. Date notice of proposed action and public hearing posted on tract: �'�+.�/ Staff Member Posting Notice Date Revised 4/21/1998 City of Cape Girardeau, Missouri � A lication For PP Rezoning - � OR Special Use Permit -.� ;���,��.�,.,��'`,��f�„�,;,����€,��� Date Received in Planning Services Office: )v�-30 •9R BY� � SECTION A 1. Street address of tract (or other locarion description): South side of County Rd. 206 approx. 1000 ft. north of Cobblesone Court 2. Names and addresses of all legal owners of tract: Charles W. Riske, Trustee Christopher Evans �Paul Berens 739 Ohio #1 Bradshaw, Steele, Cochrane, & Berens LC Lawrence, KS 66044 P 0 Box 1300 15� interest of Tract I (See Schedule A� Cape Girardeau M 0 63702-1300 85l interest of 'I�a�t I and 100� interest in TYact II (See Schedule A�. Full power to sell both tracts � I & II granted by Banlmiptcy Court order dated January 5, 1998 to Charles W. Ri.s�ce, nustee. 3. Present wning classification: R-1 Single Family 4. Requested new zoning classification: R�+ Mu1ti�F'�ri1y 5. Requested special use: Caiminity Unit plan 6. Person handling this application (name, address, phone number): Lee H. Burchfield 9800 Northwest Freeway, Suite 507 Houston, Texas 77092 (713) 956-0555 7. If tract is to be transferred, name and address of intended owner: Thorn Investments, LLC 325 South Kathie Drive Charleston, Missouri 63834 � Page 2 8. I STATE UPON MY OATH THAT ALL THE INFORMATION CONTAINED IN THIS � APPLICATION IS TRUE. (Signatures of ALL PERSONS listed in Items 2 and 7 above and date of signatures): Name te ame Date Faul H. Berens, Attorney �y/9� ,.or T�vstee Q�arles W. , i Robert R. Burchfield � , lianaging Member, Thorn Investments LL � , , , SECTION B l. Legal description of tract: � j 1rJ ���y<< ��a�+ DESCRIPTiON OF SURVEY ALL OFTHAT PAlrt OF U.S.P.SURVEY NO.194 AND 787,BE[NG IN'POWNSHIP 30 NOECIH.RANGE I8 F11ST OFTf3E FIFTH PRLYCIPAL MERlDIAIY,IN THE COUN'IY OF GPE GIItARDFAU,STATE OF D4ISSOURI.DFSCRIBID AS FOISAWS: Cammenee u the Nordrsu aorner of sud US.P.Suney No.194.theooe South 62'O8'12'West,14131 fea,m thc plaoe of be8nning;dxn�e South 65'1524'Fas4 339.44 keC theooe Sowh 12'3235'Fist.Y4037 fea,m a poiot on the Nonh rig�u�wiy tine of Cobbiesoone Couc�thence kaviag said North liae.South 04'121Y'Fast,50.�fca,m a point on the Sauh ti�t of aay 6oe o[�aid C�obbleuoue Cwct thc�oe kaviog said South liue.Sotrt�10'24'1S Fist,<35.37 foeC t�cc N�xth 7$'3T4T F,as6 316.43 fexC thence NoRh 10'24'1S Weu,446$1 ket,Oo a point oa the Nath risht of wiy line of Cobblarone Cou�thmce aloa8 said ri�ht of+ay.North 79'3T45'Fist,413.06 kez theaa aloog the arc of a c�ave oo the ri�t,6aviog a rydn�s af 1Y3.00 fea. 8433 lceS thmee South 84'38'00'Fsu,38.Gi feeS thenoe alouq t6e uc of a curve m t6e kfr.havin8 a ndiiu of 150.00 feet 3654 fee�t6enee aloos the arc da curMe m t6e 1dC�a ndius of 20.00 fea.31.32 fe�t(the cLord of said arc beus Nocth 07'3G38'Fist.38.41 feed.m a point on thc South iiRht of rny of Counry Road Y06:dimoe alons aid Coucuy R�w�d tisht of way, alaq che a�of cuive oo the ridu,6aviag a ndius of Y11.81 fea.87.14 fea,(tbe chad of uid m be�cs Nocth 54'4413'Weu.8652 foed:the�ae NatL 42'3TOE Weu,8Y,27 feeC thence aionq t6e are of a cvrre ro die ri�u hariug a radius of 235.69 fx[,123.72 feeC�Nath 12'3235'Weu,�5.18 fee�dimce along the ue of a cvm ro the lefr,haviog a ndius oC 436.17 ka,°_54.75 keC thenee North 73'SI'43'West,305.74 feeC thence alw�g the arc of a cam m the ri�c,having a ndius of 541.10 feet.325.07 keC t6enct Nocth 39'462E West,149.99 feeC �heaoe alon6 the arc of a auv�e m dx kfr.having a ndius of l096.84 feet,195.04 feeC thrncc Nocth 49'3T41'Weu,174.d6 feeC theace aloag the ace of a cvm ro the kft,haviog a ndius of 881.37 teer,345.38 feeC t6encc N«th 72'05'37'West.216J1 feex theace kaving said Ccwncy Ro,,d rishc of waY.Scwth OS"L�'00'West,793.15 fxc�So�uh 84'38'00'F�u.190.65 feeC drcoee South 49'3T41'Fisc.136.64 fec[.to a poinc ou dx Nocth ri�t of way line of Dictws Way;theuce inving said No�liae.South 39'2626 F.ut.221.42 feeC theaa Sauh�8'02'4S F�st.401.84 feet m the ptaec of begi�mia;and coatiu�ing 36.77 aaes,more or kss.and subjea to aay easem�ts of remcd. � �'����Q�� DESCRIPTION OF MULTI-FAMILY TRACT ; i � � � Atl.OFTHAT PART OF US.I'.SURVEY NO.787.BEING IN TOWNSIiIP 30 NORTfi.RANGE 13 EAST OF'TI�E FIFI'H PRINCIPAL MERIDIAN,IN TI�COZJNTY OF i G1P£GlItARDEAU.STATE OF MLSSOURI.DFSCRIBED AS FOLLOWS: � Ccxnmeiwe u the Nard�n+a axnc of nid L'S.P.Survcy No.194:t6a�oe�lotth 17'2YlS F3st,494J5 ke4 m thc place of lxqpnnio�dw�ce Soud�Gl'2131'Fsst.Y80.00 feet ihrnce North : 3Eai'00'F�.146.00 kec them Souch 775.4'09'F�st 207.00 ke¢tbet�oe Nonh 1GS7'48'Eut.20200 fux.�o a poinc�the South ri�u of way line of('wxmty Road 206;t6eoee abos said ri¢u of waY.al«i6 tbe arc of a auVe m the kic having a tadim of Y36.17 ka.3231 fea(d�e chord of said arc beus Nordi 69'S63d'Wesd:t6moe N«th 73'Sl'�3'Wes[.905J4(at theoce alons the at�c of a c�we m the ri�t,havc�q a ndius of 54 LI O feet,325.07{cec thence North 39'2626'Wcu,110.4Y feeC thence kav�:aid ri�hc of way,So�uh 59'1518'Wnt,176.00 faC thenoe Sa�09'23'OE Wct,184.00 f«c cheace Saah SO'43'32'Fsu.344.00 fea.m dx pdace of tzgnning�nd aoonining 5.61 aa�rs.moc+e or kss.aod wbjea oo aay euemena of Page 3 � 2. Attach to this application a scale plat of the tract, on an 81fz by 11 inch sheet of paper, showing the following: a. All boundary dimensions. b. All adjoining streets and alleys. c. All present improvements. d. All intended improvements. e. All adjoining and comering property lines and references to all owners listed in Secrion C. f. Zoning classification of all adjoining and cornering property. SECTION C 1. List names and addresses of ALL adjoining landowners. Include land which corners on tract or which is across streets or alleys. <n. .<< r.. �:�.. X�. .. �.�... � �.:� �<�::f ��,:k��� :����� � ,. .:.:,. � ._..,. ;:�� ....:. > . . ; > � � ;�;.-:..�:...... �. ..;b .�.�o.. �`. �':5` l sib...�, '� .o � ' ' `�� ' e. ,:. ..... .v r.,�.a.`a�:. � :�y� �!�#� �*; l�F' (`��la.,T' ..'c'Y�,'i '§ ....oxw...�.eo. ..........y..... . ..,.,.<......._x:a�.._,.S,.ss;<.: ,u ..n..a, . .e .. w. .r.����:�<.�.v... w:... ... av.a. � � Tom Froemsdorf Pat � Cherql Evaas 2741 Co 3td 206 898 E2ms.iood I.a Cape Gfrardeau, MO Cape Girardeau, MO (16 acres) Dennis Raddle C/0 Personnel Support Services 2771 Co Rd 206 Saady Youad Cape Girardau, MO 184 Cobblestone Caurt 63701 Cape Girardau, MO (F�as not closed) and all other ad jo�ning lots not with in City li�ts . ! i Page 4 2. With this applicarion, the application must deliver to the Planning Services Division a � stamped, plain business envelope addressed to each of the individuals listed in Secrion C, I\To. l, of this applicarion. � SECTION D 1. State the use to which this tract will be put if rewned as requested or if a special use permit is granted as requested. Attach plans, pictures, or drawings of commercial or industrial buildings. Milti-faadly develo�cnent; caimuiity unit plan, 96 units, 12 b��i.ldings 2. If this is an application for a special use permit, state the limitations you offer to put on the permit relaring to time period, tract ownership, size and design of improvements to be constructed. None . V 3. Is a transfer of ownership of the tract dependent upon the approval of this application? Yes 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 acrion taken. No. � Page 5 � SECTION E 1. State the reasons why you believe the requested rezoning or requested special use permit wiIl be beneficial to the neighborhood and the City. Due the enormous increase in anplo�t, our market study shows an extreme need for all types of housing development. The standard to which we build can only add to the value of any community, and is such that any City would be proud to encourage. � � Revised 421/98 .�+-- ' ---------- SCHEDULE A Page 1 � j �wr/' � The Subdivision property is described as follows : TRACT I : Part of U.S . Private Survey 787, in Township 30 North, range 13 East, Fif�h Principal Meridia.ri, County of Cape Girardeau, State of Missouri described as foZlows: Begin at the Northeast Cozner of II.S. Private Survey No. 194 and thence run West along the South line of II.S. Private Survey 787 which is the .North line of U.S. Private Survcy 194, 900_0 feet for a corner; thence North parallel to the West line of U.S. ; Private Su_wey 787, to the South line of the Jacksan-Benton Road for • a corner; thence following the meanders Southeast alvng the South line of the Jackson-Benton Road to its point of intersection with the West Boundary line of a piece of property conveyed to Mary Evans Halter, et al by General Wzrranty Deed dated December 22, 1976 for a corner; thence South along the west line af the property conveyed to Mary Evans Halter, et al to the Northeast corner of U.S . Private Survey 194 which is the point of beginning. � NOTE: Tract I includes Lots 8, 9, 10, 11 arid a portion of Lot 7 of Giboney Woods First Subdivision, Amended in the County of Cape Girardeau, Missouri, as shown by pl.at recorded in Plat 3ook 17 at Page 73 . TRACT II: � Part of U.S. Private Survey 787 in Township 30 North, Range 13 East, Fifth Principal Me:idiasi, County of Cape Girardeau, State of Mlssouri, described as follaws : Begin at the Northeast corner of U.S. Private Survey No. 194 and thence North with the extension of the West line of U.S. Private Survey No_ 787 to the South right of way line of the Jackson-BenCon Road for a point; thence in a Southeasterly direction with the meanders of the South right of way line of the Jackson- Benton Road to a poiat which is the Northwest corner of a tract heretofore conveyed to Patrick Frissell Eva.ns, et al by Warranty Deed dated December 22, 1976; thence South parallel to the West line of U.S. Private Survey No. 787, which is also the West line of the tract conveyed to Patrick Frissell Evans, et aI, to a point in the South line . of U.S. Private Su�-vey No. �87, thence West along the South line of U.S . Private Survey No. 787 to the Southeast corner of U.S. Private Su..,-vey No. 194 fo� a corner; thence North along the West line of the U.S. Private Survey 787 to the point oF beginning. EXCEPT: From the a.bove 7. 786 acres sold to Patrick S. Evana, Sr. as shown by Warranty Deed recorded in Book be3 at page 196, land records of Cape Gira=deau County, Missouri . NOTE: Tract II includes Lots 1, 2 , 3 , 4 , 5, 6 and a portion of Lot � of Giboney woods Firat Subdivisioa, Amended in the County of Cape Girardeau, Missouri, as shown by plat recorded in Plat Book 17 at page 73 . � ------------ -�—._�_.. � LESS AL�TD EXCEPT FROM TRACTS I & II: That part of United States Private Survey Numbers �94 and ?87, Township . 30 North, Range 13 East of the Fifth Principal Meridian ln t:�e City and , County of Cape Girardeau, State of Missauri described as follows: Commencing at a Fouad ,4 inch diameter iron rod marking the Northeast corner of said Survey No. 194; thence South 7 degrees 20' OU" West, 800. 00 feet to the place of beginning; thence South 6� degrees 28' 10^ East, 350 . 00 feet; thence North 72 deg=ees 37' 47" East, 114.39 feet; thence North lo degrees 22' 15" West, 435 .37 feet; thence North 4 degrees 12� 12" West, 50.29 feet; thence No�th 12 deg:ees 32' 35" West, 240 .3� feet; thence North 65 degrees 15' 24" West, 339.24 feet; thence North 48 degrees oZ' 45" West, 401.84 feet; thence North 39 degrees 26' 26" West, 171.22 fcet� thence North 39 degrees 26' 26" West, 50 .20 fest; thence North 49 degrees 37' 41TM West, 136.64 feet; thence North � 84 degrees 38� 00�' West, 190.65 feet; thence South 5 degrees 22' 00" " West, 366 . 66 feet; thence South 41 degrees O1' S9" East, 1204.16 feet to the plac.e of begianing. Coataining 16 .752 acres, more or less . LESS AND EXCEPT: Lots 1 and 2 of Gibaney Woods Second Subdivision in the Coun�y of �ape Girardeau, Nlissouri as shown by plat recorded in Plat Book :7 at �aQe �� , , _ _ . � � . � � f � ti I � �'�,°, '� 5 „s'':�;. ,;�. i "t t ; '�' ;`��`�y�-�• ',;` � 't . 1 � »� � ;�.,� . �,. �.. � � � ��- - , a . � � , �� r ._ I�.ii��t �1 `�'' ;; {��!:. �: J � `:, �; � �,,; � p ` ; � r ' ,��Sli�� , , ,I R ! s". I I ����� i—i��. � :' ! �t � I�a� II� �rj� � .: � � ��;_ � , ��!I,-� � 'i� t �� � �(. n �f.,,� 7 h�. \ r� � , 7� .: � �.: + r�l� [ , i � � I�� � y � ,�.`z' ' C I ' '� IEcI'' — r,.Y�� �i - � '.s �� °r;`� � ;•%! ,,� � '� �• ,�:,� IIf `, �:�,1� 4�+ q-1-�- J � - '� + ,4f. '?`�i Y� �:���I-=I`/ </ c�11'\,�\� L��I� �.� } :`� �`,'-,l �: '_Li�i Ir ,�f .1�.,1 y ~� .�E� � � �I ^ , �� i � � .� 1 �P' e�t�SS�f 1( � I , � p�*'�-� j 'il�tl�i�� � �... 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V'V 1!►Ji � D I IN THE COUNTY OF CAPE GIFABDEAU, MISSOUBI I W v O E ��SURVEY COA�D AT Tf�1�AUFST�F IEE BUR�.. OF W.G.BUACER�f.D AND BRO„HOUSPON,TX. 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DESCRIPTION OF MULTIfAMILY TRACT � �u.anurmrrausr.xnverxam.�m�cnnow�+a��oram4uncsuusran¢emunv�.u.mmun,wn¢oournYoe cuc raworwu rr�n or�au maum�u�uuvw� ••NOlE•• MJL77-FMIQ.YTRACCHA.4NOTBFFII5UAV6YFD. � C��er�.Nai�aa.l�idUSl.f+wNalMt�oNeAl]YISf++.LUSK��.�d1�iCi�vSriilLal•CafiWbCBosnu�h [.00a'[70NFRON.�RCFu[F.CI[7RAI. 15�.• �!0 . r�.esr+aueaot.evtrasWra�aar.•r..taa�vsrre..fosmr.a..r:+��.+.r:I.t.�B.ta..v�.rse,r.a,w..r ca+careuNArmSItyFCi' �(��.6� '*� .y�'':r:,,`�..:::w�.`w"`r:.m"a"r.c��n.�ir�iex�w.iiwr.a�ae�i�4�.�'I.l•��•t�rsv�`iew a'�xao�.�c v TQ►ONOAAEYL40N.S 7•�1 � WS��i0PO0fWa1K10fsi�s7�lPYirfa.il[W4rYWud��l�1�+�5{I+ua�w�1�.WWarrl�rd�o1 b G: N r�+�' N�3 b1�q3'�[, PROpOSi�';D RFl.ONiNCr. J /MU.T1-FAbt[LY'iItACT �f .� /5.61 ACRFS ��g i � S84'38'00'E , .`sty. a�6'��` ��/ ta��i � I- 190.65 `��4j� QY �' �// / /,Z�a'i ✓/ �' �Y,�E� � � � i ��,, �� �07.00' I POIM'OFBEGINNING �/,��� �• � I � ��' .1��'-� i ' � o i �i� ���: ��� ���.��s � BOOK 6A5.PAGE 881 � sz�� ' '�b�, � us.r.no.m ��' zu..c TOT�I.ARFA-86.77ACRES ` osr.ria�a—— � ,� n.[car�cn a W �8y, � U.SP.S/�9� �i D�. � (ra wx«.rHr rauNo) L-87.14' �= -ILSI PORri'OFBEGWNQiG SQy.,Sy� I '.E ?re.h � �'� � 1 v+ ooes��opurr R-Y( 'm� ,�.I.�. �qo+ u..rM Sd�88'00'E Ir36S4' Yr� Z�;L�Ir34.39' R-150.00 ' ��� � � 98.65 p�� '� 1 R-lYS.00 I � 1 � 2 1 I.OT�I ' �TION KEY �►ztre o� wr�s 1 � . 1 �w/uv c��ss�) "' � I )WITN,LLUYINUY CAP �g XAT��71 I b� ' � � i� �c„6Z�� � Jv��'`� � � ��� � NOl CONSIDERED 5 IS AREA�u� �-�. I.g I . � 9�6, z I F�� N,'s�'''� �I Ns\� $ NAP j� ��aW�a��\ �' "'� �R � °p' ". ,�a�� �� �3 ���� �I lA7R/Ql.EVANS`SR I BOQL6fd PAGEI% I �o � Iy I � �_ S SYYO'00'E 1009.L5' � � � � � �-----'� od'��o�3 ` �� ~R�„ �, �,. v� �� a '� --- e�� �l .iJ � '�- • x'` t� � ;' -- ' � � ' __ _ : . "� ' —-- �g--•- '�r.: .• �. .. � , �� � �. '�, ' � 4 i. �• , , a-._ �, ,,•`��� -', -- . ----••--- .. , ��s.. _ � � i .� `-- '--� ; ' - %, ,�ry ., i /, "�. -�._.. ��' f�.:�' •--- � .�� ;,j � ...- ' � I �,.�� - � ,) ., _� , ; �� ',�� ';1 'I �� '; r: a, _ � a _ I,; r i ,�; a -----� � I I, t � � ; �� - -----� ;-_; �� ' , � �, ,� ;-' ; � _ �-- ;; %' ' ..� _ ���' a �� � 1,, - � � � i j�� "' � � :} .i , � /' ' (j - r -� ' ;•; f� � �, `;'�;` --- ___.-.,-, ��: ..� i' r� 1' U ` $^-- �_�»:, r�;. `'•�^� '•\, �� i...� ,f`'� _ ;. � %���'.\ J�i p_;�. '%' ;`\ r� %, % I ''!�y - -- a�. _ � �"' %• O '�__ _". � � �r - _ . ' ` `' � C ` -\ _ �R ,%. / ' , �y i� g �\ 'i .( � _ _ "� 9 � \ �,, '%r',f' '�� , , •/' � k�„_ � � `�• :�=l i % ,� -- a L� �i %'��� � + � Y z.� � / „ : � / �'' ��� � �` r�� �\:� }< •, �� ,�`` ( � �� � I,'�__ '•�� s Q w.. -- 8� �v�i3 $ �'i [-- E % ' .7.�� q �fz° � , � I . • • � _ � c oNsENT � OI�:DINANCES � � • CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 61 Agenda February 16, 1999 The Honorable Mayor and � Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: � Subject: Motion to Amend Ordinance of Necessity for the 1999 4"Asphalt Program At its February 1, 1999, session, the City Council gave first reading consideration to Bill No. 99- 23 declaring it necessary to make certain improvements in the City of Cape Girardeau. Bili No. 99-23, An Ordinance Declaring it Necessary to Improve Timberland Drive from Kage Road to the Dead End; Capaha Trail from the End of the Existing Pavement to the Dead End; Garden Lane from Capaha Trail to tl�e Dead End; Hill Street from Johnson Street to the Dead End; Beaudean Lane from Coilege Stre�to South of Elm Street; Beaudean Lane from Linden Street To Hickory Street; Engram Street from Highland Drive to the Dean End;Terry Lane from Kingsway Drive to Joanne Street and Johnson Street from Rand Street to Riverview Drive, Being A Part of the Transportation Trust Fund Program � This item was tabled at the January 19, 1999, council session and given first reading consideration at the February 1, 1999, council session. The ordinance set a public hearing date of February 16, 1999. This date is incorrect, as the public hearing date shouid be established as March 1, 1999. It is therefore requested that the Council amend by motion the Public Hearing date set in Bili No. 99-23 Respectfully submitted, ,- , _ ����,�� ,..- . ' Mark A. Lester, P.E. Gty Engineer Mich City Manager MAL/MGM/dc � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter No. 48 Agenda February 1, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau,Missouri � Dear Mayor and Council Members: Subject: An Ordinance Declaring it Necessary to Improve Timberland Drive fromKage Road to the Dead End; Capaha Trail from the End of the Existing Pavement to the Dead End;Garden Lane from Capaha Trail to the Dead End;Hill Street from Johnson Street to the Dead End; Beaudean Lane from College Street to South of Elm Street; Beaudean Lane from Linden Street To Hickory Street;Engram Street from Highland Drive to the Dean End; Terry Lane from Kingsway Drive to Joanne Street and Johnson Street from Rand Street to Riverview Drive, Being A Part of the Transportation Trust Fund Program At its January 19, 1999, session the City Council tabled this ordinance in order to give the parties affected by this project an opportunity to appear before the Council. � In August, 1995,a voter approved transportation sales tax was passed. As a part of this program, it is the City's intenrion to improve the gravel streets in the City by resurfacing with a 4"asphalt surface. To date,a total of 6,600 feet or 1.26 miles of gravel streets have been paved and another 2,800 feet of gravel streets have been removed due to the flood buy out. The above named streets have been selected for improvement in this years program, more commonly referred to as the 1999 4"Asphalt Program. These streets total approximately 5,649 feet or 1.07 miles. Approximately one mile of gravel streets will remain for resurfacing in next year's program. It is recommended that the City Council give first reading consideration to the Ordinance of Necessity,declaring it necessary to make the improvement and establishing March 1, 1999,as the date of the public hearing on this project. 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AN ORDINANCE DECLARING ZT NECESSARY TO IMPROVE TIMBERLAND DRIVE FROM KAGE ROAD TO THE DEAD END; CAPAHA TRAIL FROM THE END OF EXISTING PAVEMENT TO THE DEAD END; GARDEN LANE FROM CAPAHA TRAIL TO THE DEAD END; HILL STREET FROM JOHNSON STREET TO THE DEAD END; BEAUDEAN LANE FROM COLLEGE STREET TO SOUTH OF ELM STREET; BEAUDEAN LANE FROM LINDEN STREET TO HICKORY STREET; ENGRAM STREET FROM HIGHLAND DRIVE TO THE DEAD END; TERRY LANE FROM KINGSWAY DRIVE TO JOANNE STREET; AND JOHNSON STREET FROM RAND STREET TO RIVERVIEW DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: A RTICLE 1 . That the Council of the City of Cape Girardeau, � Missouri, hereby declares it necessary to improve Timberland Drive from Kage Road to the dead end for a distance of 376 feet; Capaha Trail from the end of existing pavement to the dead end for a distance of 1, 030 feet; Garden Lane from Capaha Trail to the dead end for a distance of 350 feet; Hill Street from Johnson street to the dead end for a distance of 560 feet; Beaudean Lane from College Street to South of Elm Street for a distance of 1, 260 feet; Beaudean Lane from Linden Street to Hickory Street for a distance of 450 feet; Engram Street from Highland Drive to the dead end for a distance of 800 feet; Terry Lane from Kingsway Drive to Joanne Street for a distance of 590 feet; and Johnson Street from Rand Street to Riverview Drive for a distance of 233 feet, in the City of Cape Girardeau, Missouri , with hot mix asphaltic concrete, four (4) inches thick and eighteen to twenty (18- 20) feet in width, including grading, excavating, rebuilding shoulders, compacting, adjusting manholes and all necessary appurtenances thereto, all as shown on the plans and specifications for said improvement which have been filed with the City Clerk. It is the intention of the City Council to have this project done by contract and upon completion of the project, the cost of the proposed work, not to exceed $10. 00 per front foot, shall be charged to the abutting property for the issuance of special tax bills. This $10. 00 per front foot amount, plus all land acquisition costs, is hereby established as the maximum assessment to be used for this improvement. ARTIC LE 2. That this ordinance be published for seven consecutive r insertions in the Southeast Missourian, a daily newspaper, printed and ��s� published in the City of Cape Girardeau, Missouri, and if a majority of the resident owners of the lands that would be liable for the costs of the improvements, at the date of the passage of this ordinance, who shall own a majority of the front feet owned by the residents of the City, abutting on the part of said Missouri Street proposed to be � improved, shall not within ten days after the last publication of the ordinance, file with the City Clerk their protest against such improvements, then the City Council shall have the power to cause the improvements to be made and assess the costs against the property abutting on the improvements as provided by law. ARTIC LE 3. A public hearing will be held before the City Council at 7 : 30 P.M. on Tuesday, February 16 , 1999 , at City Hall, 401 Independence, Cape Girardeau, Missouri , at which citizens and all interested parties may be heard on the question of the necessity of the work sought to be done. A RTIC LE 4. This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 19 A. M. Spradling, III , Mayor ATTEST: � Gayle L. Conrad Deputy City Clerk � � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 62 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Motion to Amend Ordinance of Necessity for Kent Street Extension At its February 1, 1999, session, the City Council gave first reading consideration to Bill No. 99-26 declaring it necessary to improve Kent Street. This item was first introduced at the January 19,1999, council session. The ordinance set a public hearing date of February 16, 1999. This date is incorrect, as the public hearing date should be established at March 1, 1999. � It is therefore�requested that the Council amend by motion the Public Hearing date set in Bill No. 99-26 Respectfully submitted, �Q - � ��" Ma A. Lester, P.E. Engineer Michael . City Manager MAL/MGM/dc � � CITY OF CAPE GIRARDEAU, MISSOURI , Office of the City Manager Council Letter No. 49 Agenda February 1, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Deaz Mayor and Council Members: Subject: Ordinance of Necessity Authorizing the Construction of the Kent Street Extension At the request of Councilman Gately,an ordinance of Necessity authorizing the conshuction af the Kent Street Extension is placed on tonight's agenda for first reading consideration At its July 7, 1997, session, the City Council passed Resolution No. 1280 authorizing the construction of the Kent Street Extension in the city of Cape Girardeau. A copy of Resolution No. 1280, setting forth the history and conditions of this improvement, is attached. � Following the procedure for special tax assessment projects, it is necessary to adopt an ordinance declaring it necessary to improve Kent Street by constructing that portion of Kent Street from the terminus of the existing pavement in Woodland Hills Subdivision to Lexington Avenue. It is recommended that the City Council give first reading consideration to the Ordinance of Necessity,declaring it necessary to make the improvement and establishing March l, 1999,as the date of the public hearing on this project. Respectfully submitted, ��� � ��- , �'' Mark A. ster,P.E. City En n� ic ael G. 1VI� � City Manager � MAL/MGM/dc i 0 �yo PALOMlNO DR. � � � DR. �EE � Q �1! � � - a � ______ v � - -v : �; PR JECT m � � � AREA z 0 c� z � � J � � � BILL NO. 97-144 RESOLUTION NO. /v�� A RESOLUTION AUTHORIZING THE CONSTRUCTION OF THE KENT STREET EXTENSION IN THE CITY OF CAPE GIRARDEAU, MISSOURI WHEREAS, on August 6, 1990, a Petition was presented to the City Council by one hundred seventy-eight (178) citizens requesting � the extension of Kent Street to Lexington Avenue; and ; WHEREAS, on August 6, 1990, Randol Farms, Inc. , and Christ Presbyterian Church requested a Special Use Permit to construct a church on a tract bounded by Lexington Avenue, Woodland Place No. 2, Woodland Hills Estates Third, Randol Farms No. 1, and a retention basin. The Council approved a motion remanding the Special Use Permit back to the Planning and Zoning Commission for them to determine the hook-up of Kent Street to Lexington Avenue, and after that was determined, to return the Special Use Permit to the Council with Kent Drive hooked up to Lexington Avenue; and WHEREAS, on October 19, 1992, a Special Use Permit was granted to Randol Farms, Inc. , and First Pentecostal Church for i constructing a church on the North side of Lexington Avenue, West �f Kent Street and East of Abbey Road, with the condition that the i permit not be granted until an appropriate subdivision plat was submitted and approved by the City Council for that area; and ,' WHEREAS, on November 16, 1992, the record plat of Woodland i Place Ninth Subdivision, without a Kent Street extension to ; Lexington Avenue, was not approved by the City Council on second ; and third readings; and ' WHEREAS, on Februar 1, 1993, the City Council approved a ,i Y motion authorizing City Staff to proceed with engineering design � for Kent Street in Woodland Place Ninth Subdivision; and WHEREAS, on February 17, 1993, the record plat of Woodland ' Place Ninth Subdivision was approved, without the Kent Street extension to Lexington Avenue; and WHEREAS on March 21 1994 the Cit Council a roved b , , . . Y PP Y resolution the 1994 to 1999 Capital Improvements Program with the � addition of the Kent Street extension; and WHEREAS on June 16 1997 the Cit Council received a traffic . � . Y study for the Woodland Hills Subdivision showing the increases in traffic for the years 1988, 1990, 1995 and 1997; and WHEREAS, on June 16, 1997, the City Council accepted Spoil �isposal Easements that make it possible to fill the area to the designed elevation for the construction of Kent Street, and � received a report from City Staff that, including donated right-of- . � way, an agreement had been reached with abutting property owners which effectively reduces the total estimated project cost to � J Seventy-Seven Thousand Nine Hundred Dollars ($77,900.00) , with the �� City and the developer assuming an equal share, or Thirty-Eight Thousand Nine Hundred Fifty Dollars ($38,950. 00) each. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Based on this history, findings of fact, agreements with abutting property owners, and input from the public, the City Council of the City of Cape Girardeau, Missouri, hereby orders the Kent Street Extension project to be completed in accordance with the design agreed to by the City of Cape Girardeau and the abutting property owners. PASSED AND ADOPTED THIS �_ DAY OF , 19��. _ .._ � �•'� �.,,,,� ��y�:�f � �Y� f �: %.�J''` �� .;,��.. ��J'`y� `=�` - A. . Spradling, III, M or , .. ��, .�s�� ;..;, . .��.,. . �, � rt ''. .r�� i ti;'� ,K-, • y� �C'F • � ='�--J:=i,: i�. �L�#_.., ',Ga�F1'e 'Conrad � ,� ;:�eput�i .City ��erk �-� � �i'' :.r, y� — .,w'..4':' I. e. � � BILL NO. 99-?_6 ORDINANCE NO. AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF KENT STREET, FROM THE TERMINATION OF EXISTING PAVEMENT IN WOODLAND HILLS SUBDIVISION TO LEXINGTON AVENUE, APPROXIMATELY 450 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. That the Council of the City of Cape Girardeau, Missouri, hereby declares it necessary to improve Kent Street, from the ; termination of existing pavement in Woodland Hills Subdivision to Lexington Avenue, for a distance of approximately 450 feet, in the City of Cape Girardeau, Missouri, by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement six (6) inches thick and thirty (30) feet in width between the back of upright curbs, except at the various intersections, which shall be constructed as shown on the plans and specifications for said improvement which have been filed with the City Clerk. It is the intention of the City � Council to have this project done by contract and to tax bill the costs against the abutting properties. ARTICLE 2. That this ordinance be published for seven consecutive insertions in the Southeast Missourian, a daily newspaper, printed and published in the City of Cape Girardeau, Missouri, and if a majority of the resident owners of the lands that would be liable for the costs of the improvements, at the date of the passage of this ordinance, who shall own a majority of the front feet owned by the residents of the City, abutting on the part of said Kent Street proposed to be improved, i shall not within ten days after the last publication of the ordinance, ; file with the City Clerk their protest against such improvements, then i the City Council shall have the power to cause the improvements to be � made, and assess the costs against the property abutting on the improvements as provided by law. ' ARTICLE 3 . A public hearing will be held before the City Council �i at 7 : 30 P.M. on Tuesday, February 16 , 1999, at City Hall, 401 ,' Independence, Cape Girardeau, Missouri, at which citizens and all interested parties may be heard on the question of the necessity of the � work sought to be done. ARTICLE 4 . This ordinance shall be in full force and effect ten ! days after its passage and approval. � PASSED AND APPROVED THIS DAY OF , 19 � A. M. Spradling, III , Mayor ATTEST: Gayle L. Conrad Deputy City Clerk � � CITY OF CAPE GIRARDEAU, MISSOURI Ot�'ice of the City Manager � Council Letter No. 52 Agenda February l, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Amendment of Zoning Ordinance Regarding Microbreweries and Pub Breweries This agenda item calls for the holding of an advertised public hearing on an amendment to the Zoning Ordinance to establish definitions and zoning requirements for microbreweries and pub breweries. Cunently the ordinance has no provisions for such facilities. The definitions to be added are as follows: Microbrewery means a business whose primary activity is the brewing and selling of beer,with an annual production of ten thousand (10,000) barrels or less (one barrel of beer yields two common 15 %2 gallon kegs). (This definition is from Section 311, 195,Revised Statutes of the State of Missouri.) � Pub brewery means a bar, tavem, pub, or restaurant-bar wherein beer is brewed on the premises in a microbrewery for sale either on or off the premises. (This definition is a combination of the above, wording from a publication compiled by The Institute for Brewing Studies, with additional wording from the City Planner.) In addition, the ordinance would be amended to allow a microbrewery or pub brewery in a C-2, C-3, or M-1 district with a special use pernut. The Planning and Zoning Commission recommended approving these amendments at its meeting on January 13, 1999, by a vote of 8 in favor and no opposition. It is recommended that the City Council hold the advertised public hearing. Attached for first reading �consideration is an ordinance which would amend the Zoning Ordinance to provide for such operations in C-2, G I 3, and M-1 zoning districts. Respect Ily submitted, I `�� is��,.� i � Kent . Bratton Ci lanner I � / _ _ ; Michael G. Mi City Manager ; BILL NO. 99-29 ORDINANCE NO. � AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATING TO ZONING BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE l. Section 30-2 of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Definitions" , is hereby amended by adding new definitions, in words and figures to read as follows: Section 30-2 . Definitions. Microbrewery means a business whose primary activity is the brewing and selling of beer, with an , annual production of ten thousand (10, 000) barrels or less (one barrel of beer yields two common 15 Z gallon kegs) . Pub brewery means a bar, tavern, pub, or restaurant-bar wherein beer is brewed on the premises in a microbrewery for sale either on or off the � premises. ARTICLE 2 . Section 30-39 (d) of the Code of Ordinances of the City of Cape Girardeau, Missouri, entitled "Special Uses" , is hereby amended by addition thereto a new use, in words and figures, to read as follows: I I Sec. 30-39 . Special Use Regulations. I (d) Special uses. i (37) Microbrewery or pub brewery in a "C-2" , "C- 3" , or "M-1 district. I ARTICLE 3 . If any section, subsection, sentence, clause, � phrase or portion of this ordinance is for any reason held � invalid or unconstitutional by any court of competent i jurisdiction, such portion shall be deemed a separate, distinct ; and independent provision and such holding shall not affect the ,' validity of the remaining portions hereof. �! ARTICLE 4 . It is the intention of the governing body and it � is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City � of Cape Girardeau, Missouri, and the sections of this Code may be ; � renumbered to accomplish such intention. � ARTICLE 5. This ordinance shall be in full force and effect ten days after its passage and approval . � PASSED AND APPROVED THIS DAY OF , 19 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad Deputy City Clerk � � � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 53 Agenda February 1, 1999 The Honorable Mayor . and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Accepting Easement On December 7, 1998, the Council authorized the City Manager to enter into a contract with Lappe Cement Finishing for the improvement of Missouri Street from Mississippi Street to Scott Street, including associated storm work. As a part of the storm work the city will need to do some work on property outside the existing easement area. Therefore, an easement from the property owner is needed to provide the � City with the right, privilege, permission and authority to enter on and upon said land for the purpose of enabling the City of Cape Girardeau to excavate, build, maintain, construct, operate and repair said storm sewer line and drainage area. First reading consideration is requested on the attached Drainage Easement from Perry E. Cook and Bessie R. Cook to the City of Cape Girardeau Respectfully submitted, � ��, A. Lester, P.E. C' Engineer — i _ I Michael G. Miller � City Manager ; MAL/MGM/dc ' � i � � ' """ ". fV. J. JIJIVf�NKU 600-253 60 F.F. I , , INSTALL 12 X12 � I CONC. DRIVEWA` I r,,,, INSTALL 12'X11' , pQ - CONC. DRIVEWAY - 60.00 - I - _ R.O.W. 1 _ � - G G G G G G C G G G C - - - - - 3000' - _„_ - _ - - _ - - - - - - --- - - - - - - - _ _ (B.O.C.) INSTALL CURB INLET WITH DOUBLE FRAME, GRATE & 1-f OO MOUNTABLE CURB. �__ _�_ _ _ —_ —.— —_ _�_ — . —s�� — s� INSTALL 18" RCP ACROSS STREET (27.5 L.F.) -w w w w w w w w w w w w w � � BARN I i � � P. E. COOK / � 272-380 / / I 172.5 F.F. I / I / I � � / I END 18" PIPE IN EXISTING � DITCH. TRIM END FOR i � / INSTALL 1 � FLARED END EFFECT. � � PVC PIPE. � FLOWLINE EL. 422.10 / i / � i i � i LOW� i EASEMENT LINE LOW; ( �- - —� - �— - --�— - - � / � � - - CENTER OF OPEN DRAINAGE DITCH I � � o � o � ; _— ___ ��=_ J�J'_�..__.,_`�_� - -- ------�---- . v � f AV E Y 1 � . -� � � ` aur�ER ' � � Sr. "?Clq d " ST. Sr �_ ��. WAYNE 2 2 > 2 R. . .= 4' 5 . S T. a t Q N 7p��ARO N,t+0�5� I S r. � �� __ , '��,� Si�1pDARp ' � � � �J ��� ��----_ ,� J � �,� ��_�, i \,`+R`' `—�/, ;—� sr , J v � �'o � , J C077 ST �' n v� � �1 � � sr. � ' A1 �N M�SS1PPl . � A � ST. y � � U $l. O � � � O I 2 > l� � I � > 4/ Q a i z L) > S� NEW �� o //, � � M��ni� 3 � ' `� ,�-�`" � _ ; �` _I, ,; � : ,: . __, ; ; ; �, Q � � � ; , � 1 _ . � � � S—' � Q � ' , c� ,�. � OUNKCIN � o ' � Z i �J� f� 1 Pfa„scor �J4 � sr. � Sr � ' 1 PEMISC07 J J ' :>�a sr � J, sr � j i I ROSE � CcCiU,� � ST I � �� H4lCRCST f 2 DR , PaR!�vifw � �:-- ' c �' r /`J�� I� � V � U' i'�r—_ i' �, °N� u � DR I r ;� �,,� avE _ .� � / � ' ;�� ' �I � � ��, ( , � , �" I. 'YO\ �� 'JI C �;p� GR , ��_� 3 � _� W ! { � la NOil � n 1v�A� ! � i. I��IIS;�Jr�/ �1�t. It/'Pr�!:% !% F ���r !i T ` � BILL NO. 99-28 ORDINANCE NO. AN ORDINANCE A ACCEPTING DRAINAGE EASEMENT FROM PERRY E. COOK AND BESSIE R. COOK, FOR THE IMPROVEMENT OF MISSOURI STREET FROM MISSISSIPPI STREET TO SCOTT STREET 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 a Drainage Easement, executed by Perry E. Cook and Bessie R. Cook, husband and wife, conveying to the City of Cape ; Girardeau, Missouri, a Drainage Easement for the improvement of Missouri Street from Mississippi Street to Scott Street, more particularly described as follows, to-wit: Part of Block Eleven (11) of the Montecello Addition in Outlot 73 in the City of Cape Girardeau, Missouri, described as follows: Commencing at the Southwest Corner of Block 11, which point is also the Southwest corner of Lot 10, thence � South 82° East a distance of 60 feet to the Southeast comer of Lot 10; thence continue South 82° East a distance of 30 feet to an iron bar, said iron bar being the property corner and the Point of Beginning; thence North 9° East a distance of 78 . 83 feet to a point; thence North 25°15 ' 08" West a distance of 109 . 13 feet to a point: thence North 82° West a distance of 28. 58 � feet to a point on the East Right of Way line of i Missouri Avenue: thence South 9° West a distance of 15 � feet along said Right of Way to a point; thence South i 82° East a distance of 20. 64 feet to a point; thence � South 25°15 ' 08" East a distance of 114 . 34 feet to a � point; thence South 9° West a distance of 59 . 53 feet to � a point on the South property line and also the North Right of Way Line of Mississippi Street; thence South ' 82° East a distance of 5 feet to the Point of Beginning ; and containing 2401 square feet more or less. ,' ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . � � PASSED AND APPROVED THIS DAY OF , 19 � A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad Deputy City Clerk � � CITY OF CAPE GIRARDEAII, MISSOIIRI � Office of the City Manager � Council Letter No. 54 Agenda February 1, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Acceptance of Improvements and Authorize Final Payment, 97-1 4" Asphaltic Pavement Program At its September 2, 1997 meeting, the City Council passed Ordinance Number 2228 reaffirming the action declaring it necessary to improve Vincent Avenue from Country Club Drive to Timon Way, Flint Hill Road from Big Bend Road northwesterly to a dead end, Country Club Drive from the club gate southward to a dead end, Redwood Drive from Vista Lane to Lear Drive, Bevin Drive from West Rodney westward to a dead end, Cedar Lane from Charles Street northward to a dead end, and Rand Street from Water Street to � Roberts Street . The plans and specifications grouped all these gravel streets into one project called the 97-1 4" Asphaltic Pavement Program which consisted of the pavement with four (4) inches of hot mix asphaltic concrete and included grading, excavating, rebuilding shoulders, compacting, improving drainage, placing rip rap, adjusting manholes and all else necessary. The work was publicly advertised and bids were received on September 29, 1997 . The Council authorized the City Manager to enter into a contract with ASA Asphalt, Inc. on October 6, 1997 by Resolution Number 1307 . The work was inspected by the Engineering Division, has been satisfactorily completed, and is ready for acceptance into the City' s system. The Engineer' s Final Report which includes the Apportionment of Cost for each street improved is attached. I Ordinance No. 2228 also stipulated that the cost of the work would i be charged to the abutting property by the issuance of special tax i bills not to exceed $ 10 .00 per front foot. The tax bills for all � streets total $ 95, 179 .27. The balance of the cost, $ 152,422 .91, I is to be borne by the Transportation Trust Fund. The attached � Ordinance accepts the improvements, levies the special assessments j and authorizes the issuance of special tax bills . ; I recommend that the Council, by motion, approve the first ' reading of the ordinance accepting the improvements as presented, ; levying the special assessments and authorizing the issuance of ; special tax bills and authorizing the final payment to ASA Asphalt, "��' Incorporated. ; Couacil Letter No. Agenda February 1, 1999 � 97-1 4" Asphaltic Pavemeat Program Page Two Respectfully submitted, ��' /��'.- Mar A. Lester C' y Engineer ichael G. Miller City Manager MAL/MGM/mb Attachments-2 � � � . y �\�.,�'� �a��,.\�� � \ .� �� ��a�y,t� � ���,� � �a },,`�� �,�������`V,e��'y��������,`� : �� a :3 ` ���3� \ A��`1L��-QAZ.,,k�.`;*.�?��\.. ':.^S e �i:'.c'�.R �� a� �� .,. ..b �'�:l...'� .....�: . .,.... .a . . . .�.z' . ... � r -���� �GIT�QF �APE �IR.ARDEAU -. F ��:x ., ... OFFICE OF THE " . CITY HALL CITYENGINEER January 26, 1999 4011NOEPENOENCE (5�)�_� P.O.BOX 617 FAX(573)651-0860 CAPE GIRAROEAU.MO 63702-0617 Engineer' s Final Report on the 97-1 4" Asphaltic Pavement Program To tt►e City Manager Of the City of Cape Girardeau, Missouri Dear Sir: I hereby report that the 97-1 4" Asphaltic Pavement Program which consisted of the pavement with four (4) inches of hot mix asphaltic concrete including vatin rebuildin shoulders, compacting, improving drainage, placing radin exca g, J 9 9 , rip rap, adjusting manholes and all necessary appurtenances on Vincent Avenue from Country Club Drive to Timon Way for a distance of 1,005 feet and a width of 18 feet; Flint Hill Road from Big Bend Road northwesterly to a dead end for a distance of 1,036 feet and a width of 18 feet; Country Club Drive from the club gate southward to a dead end for a distance of 700 feet and a width of 17 feet; Redwood Drive from Vista Lane to Lear Drive for a distance of 324 feet and a width of 18 feet; Bevin Drive from West Rodney westward to a dead end for a distance of 410 feet and a width of 12 feet; Cedar Lane from Charles Street northward to a dead end /'� for a distance of 297 feet and for a width of 12 feet; and Rand Street from Water � Street to Roberts Street for a distance of 1,335 feet and a width of 20 feet has been completed. Change Order No. 1 was necessary because unusually severe rain storms during the construction period made it obvious that the original design did not adequately cover protection from erosion. Therefore it was necessary to expand the scope of the work to accommodate the problems encountered. Change Order # 2 corrected some items in Change Order # 1 and added two driveway extensions on New Madrid to correct slopes left too steep by a different contractor the previous year. Change Order # 3 brought all quantities to As Constructed amounts and added � additional work (prices given in a proposal dated November 10, 1998) as well as i extended the contract time. j The contractor, ASA Asphalt, Inc. completed the work in accordance with the � plans, specifications, contract and ordinances adopted by the City Council therefor. The original contract time was seventy-five (75) calendar days for i substantial completion and ninety (90) calendar days for final completion which were May 15, 1998 and May 30, 1998 respectfully. Change Order # 3 extended the 0 1998 the dates the deadlines for completion to June 15, 1998 and June 3 , contractor completed the contract work. Com leted N o. Item Qty IInit IInit P j Price Price I. VINCENT AVENUE 1. Asphalt concrete 536.94 Ton $ 33 .00 $ 17,719.02 � . 475.00 2. Liquid asphalt 475 Gal. $ 1.00 $ i 97-1 4� Asphaltic Pavement Program Engineer�s Fiaal Report January 26, 1999 Page Two � 3. Clean out ditches 1371 L.F. $ 2.50 $ 3,427.50 4. Install 15" RCP 53 L.F. $ 20.00 $ 1,060.00 5. Remove and replace 15" CMP 64 L.F. $ 22.00 $ 1,408.00 6. Install 18" RCP 57 L.F. $ 25.00 $ 1,425.00 7. Excavation 352 C.Y. $ 5.00 $ 1,760.00 8 . Furnish & install No. 2 graded aggregate 85.1 Ton $ 20.00 $ 1,702.00 9. Furnish & install grouted rip rap 632.2 S.Y. $ 20.00 $ 12,644.00 10. Adjust manhole 0 Each $ 200.00 $ 0.00 11. Seed & straw 0.5 Acre $ 2,500.00 $ 1,250.00 Change Order No. 1 Added: 12. Sewer tap extension 1.0 L.S. $ 1, 137.00 $ 1, 137.00 TOTAL FOR SECTION I $ 44,007.52 � IA. VINCENT AVENIIE DRAINAGE - northside Country Club 1. Clean out ditches 187 L.F. $ 2.50 $ 467.50 2. Remove 12" & 15" pipe & replace with 18" Q�SP 115 L.F. $ 25.00 $ 2,875.00 3. Remove concrete 53.4 S.Y. $ 10.00 $ 534.00 4. Build concrete swale 132.1 S.Y. $ 40.00 $ 5,284.00 Change Order No. 1 Added: 5. Concrete drive replacement 28 S.Y. $ 40.00 $ 1,120.00 6. Seed & straw .07 S.Y. $ 2,500.00 $ 175.00 Additional work per Nov. 10, 1998 proposal: 7. Clean out ditch and place rip rap Lump sum $ 1,088.00 TOTAL FOR SECTION IA $ 11,543.50 � 97-1 4" Asphaltic Pavement Program Engineer's Final Report January 26, 1999 � Page Three II. FLINT HILL ROAD 1. Asphalt concrete 528.93 Ton $ 33 .00 $ 17,454.69 2. Liquid asphalt 270 Gal. $ 1.00 $ 270.00 3. Clean out ditch 604 L.F. $ 2.50 $ 1,510.00 4. Grade ditch 96 L.F. $ 2.50 $ 240.00 5. Grouted rip rap 297.1 S.Y. $ 20.00 $ 5, 942.00 Change Order No. 1 Added: 6. 24" corrugated metal pipe 30 L.F. $ 30.00 $ 900.00 7. Adjust manhole 1 Each $ 200.00 $ 200.00 8. Asphalt curb 193 L.F. $ 5.00 $ 965.00 9. Furnish & install grouted No. 2 graded aggregate � (Roadway) 86.4 Ton $ 20.00 $ 1,728.00 10. No. 2 graded aggregate (Driveways) 15.5 Ton $ 20.00 $ 310.00 � TOTAL FOR SECTION II $ 29,519.69 j I III. COIINTRY CLIIB DRIVE j I 1. Asphalt concrete 326.65 Ton $ 33.00 $ 10,779.45 j 2. Liguid asphalt 150 Gal. $ 1.00 $ 150.00 i 3. Clean out ditch 270 L.F. $ 2.50 $ 675.00 4 r w 1 0 L.F. 3.00 $ 0.00 G ade s a e S Change Order No. 1 Added: i 5. No. 2 graded aggregate (Driveways) 15.89 Tons $ 20.00 $ 317.80 i 6. Adjust manhole 1 Each $ 560.00 $ 560.00 ! TOTAL FOR SECTION III $ 12,482.25 �I � 97-1 4• Asphaltic Pavement Program �ngineer�s Final Report January 26, 1999 Page Four � IV. RIDWOOD LANE 1. Asphalt concrete 180.83 Ton $ 33.00 $ 5, 967.39 2. Liquid asphalt 175 Gal. $ 1.00 $ 175.00 TOTAL FOR SECTION IV $ 6,142.39 V. BEVIN DRIVE 1. Asphalt concrete 127.65 Ton $ 33 .00 $ 4,212.45 2. Liquid asphalt 245 Gal. $ 1.00 $ 245.00 3. Adjust manhole 1 L.F. $ 200.00 $ 200.00 Change Order No. 1 Added: 4. Remove & replace 15" RCP 26 .5 L.F. $ 22.00 $ 583.00 5. Clean out ditches 40 L.F. $ 2.50 $ 100.00 TOTAL FOR SECTION V $ 5,340.45 � VI. CEDAR LANE 1. Asphalt concrete 137.90 Ton $ 33.00 $ 4,550.70 2. Liquid asphalt 90 Gal. $ 1.00 $ 90.00 TOTAL FOR SECTION VI $ 4,640.70 VII. RAND STREET 1. Asphalt concrete 950.62 Ton $ 33 .00 $ 31,370.46 2. Liquid asphalt 810 Gal. $ 1.00 $ 810.00 3. Grade ditch 1455 L.F. $ 2 .50 $ 3,637.50 4. Adjust manholes 4 Each $ 200.00 $ 800.00 5. Remove driveway pipe A. 50" x 31" arch, Sta. 12+50 24 L.F. $ 10.00 $ 240.00 B. 72" x 44" arch, Sta. 12+00 26 L.F. $ 10.00 $ 260.00 6. Remove 12" CMP, Sta. 1+50 & �,,,�/ Sta. 7+88 75.4 L.F. $ 5.00 $ 377.00 ` 97-1 4■ Asphaltic Pavement Program I�ngineer's Final Report January 26, 1999 � Page Five 7. Remove 15" CMP, Sta. 10+75 26 L.F. $ 5.00 $ 130.00 8 . Demolish & remove check dams 2 Each $ 200.00 $ 400.00 9. Demolish & remove culvert at Sta. 5+00 1 Each $ 800.00 $ 800.00 10. Remove, furnish & replace 4" san. sewer crossing Sta. 8+90 1 L.S. $ 1,000.00 $ 1,000.00 11. Clean up & repair headwalls, Sta. 8+50 1 L.S. $ 500.00 $ 500.00 12. Clean up & repair headwalls, Sta. 9+31 1 L.S. $ 100.00 $ 100.00 13. Furnish & install pipe: A. 15" CMP Lump sum $ 108.36 $ 108.36 B. 15" RCP 37.5 L.F. $ 20.00 $ 750.00 C. 24" RCP 30 L.F. $ 30.00 $ 900.00 D. 18" RCP 32 L.F. $ 25.00 $ 800.00 E. 71" x 47" corr. 12 ga. /� arched pipe 263 L.F. $ 90.00 $ 23,670.00 i r � i 14 . Furnish & install flared end section 1 Each $ 400.00 $ 400.00 15. Furnish rip rap 363.2 Tons $ 10.00 $ 3,632.00 I 16. Place 24" rip rap 44.4 S.Y. $ 10.00 $ 444.00 17. Place 18" rip rap 176.2 S.Y. $ 10.00 $ 1,762.00 j 18. Place grouted 18" rip rap 913.01 S.Y. $ 10.00 $ 9,130.10 � 19. Special double inlet, �p,n 1 E3Ch $ 4�000.00 $ 4�000.00 �YPe i 20. Install 6" stand-up curb & gutter 31 L.F. $ 20.00 $ 620.00 n n Y 10.00 $ 5,573.00 � 21. Class B excavation 557.3 C. . $ 22. Furnish, install & compact � borrow 453 .2 C.Y. $ 10.00 $ 4,532.00 23. Ftiirnish, install & compact ; re ate 585.23 Tons $ 12.00 $ 7,022.76 No. 2 graded agg g � 24. Seeding & mulching 0.2 Acre $ 2,500.00 $ 500.00 97-1 4• Asphaltic Pavement Prograa� Engineer's Final Report January 26, 1999 Page Six � 25. Traffic control 1 L.S. $ 500.00 $ 500.00 26 . Furnish & install No. 2 aggregate on driveway. 15.40 Ton $ 12.00 $ 184 .80 27. Extra labor used on the corners of Johnson & Rand and Roberts & Rand. 16 Hrs. $ 28 .92 $ 462.72 Additional work per Nov. 10, 1998 proposal: 28. Repair wash out in bottom of ditch with rip rap and grout and reseed for approximately 200 lineal feet. Lump sum $ 2,652.00 $ 2,652.00 TOTAL FOR SECTION VII $ 108,068.70 Additional item added to contract by Change Order # 2: 1. Extensions of two driveways on New Madrid Street. Lump sum $ 1,400.00 $ 1,400.00 TOTAL CONTRACT ITEMS $ 223, 145.20 � LESS PREVIOUS PAYMENTS $ 215,017.10 AMOUNT DUE THE CONTRACTOR $ 8,128.10 DESIGN ENGINEERING COSTS $ 12,953.51 CONSTRUCTION ENGINEERING/INSPECTION COSTS $ 5, 959.46 OTHER COSTS $ 5,544.01 TOTAL PROJECT COSTS $ 247,602.18 Total length of streets - 5,107 lineal feet. Total number of front feet - 9,837.96. These streets were paved under the Transportation Trust Fund policy and Ordinance No. 2228 which reaffirmed the Council action declaring it necessary to improve these streets and issue tax bills not to exceed $ 10.00 per front foot. A total of 9,837.96 front feet are assessable. Three of the seven streets came in with a cost for construction, engineering and inspection that was less than $ 10.00 per front foot. The total amount to be tax-billed is $ 95,179.27. Therefore, the , amount of the cost to be borne by the Transportation Trust Fund is $ 152,422.91. � 97-1 4• Aephaltic Pavement Program Sngineer's Final Report January 26, 1999 � Page Seven The final apportionment of cost for each of the seven streets improved by this 4 inch asphalt program for 1997 is attached. Sincerely, �� � �� Mark A. Lester, P. E. City Engineer MAL/mb Attachments-7 97-1 4" Asphaltic Pavement Program Project reference code 36-80-63-5634-200 Purchase Order No. C 16870 � I I � i BILL NO. ��-3� ORDINANCE NO. � AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE 97-1 4 INCH ASPHALTIC PAVEMENT PROGRAM, FOR THE IMPROVEMENT OF VINCENT AVENUE FROM COUNTRY CLUB DRIVE TO TIMON WAY; FLINT HILL ROAD FROM BIG BEND ROAD NORTHWESTERLY TO A DEAD END; COUNTRY CLUB DRIVE FROM THE CLUB GATE SOUTHWARD TO A DEAD END; REDWOOD DRIVE FROM VISTA LANE TO LEAR DRIVE; BEVIN DRIVE FROM WEST RODNEY WESTWARD TO A DEAD END; CEDAR LANE FROM CHARLES STREET NORTHWARD TO A DEAD END; AND RAND STREET FROM WATER STREET TO ROBERTS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . That the work of repairing and resurfacing Vincent Avenue from Country Club Drive to Timon Way for a distance of 1, 005 feet and a width of 18 feet; Flint Hill Road from Big Bend Road northwesterly to a dead end for a distance of 1, 036 feet and a width of 18 feet; Country Club Drive from the club gate southward � to a dead end for a distance of 700 feet and a width of 17 feet; I Redwood Drive from Vista Lane to Lear Drive for a distance of 324 feet and a width of 18 feet; Bevin Drive from West Rodney westward I to a dead end for a distance of 410 feet and a width of 12 feet; i Cedar Lane from Charles Street northward to a dead end for a i distance of 297 feet and for a width of 12 feet; and Rand Street i from Water Street to Roberts Street for a distance of 1, 335 feet i and a width of 20 feet, with four (4) inches of hot mix asphaltic i concrete, including qrading, excavating, rebuilding shoulders, i compacting, improving drainage, placing rip rap, adjusting manholes , and all necessary appurtenances thereto, in the City of Cape ; Girardeau, Missouri, for the 97-1 4 inch asphaltic pavement ,' program, authorized by Ordinance No. 2228 entitled, "AN ORDINANCE ; REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY ; MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR ,' THE MANNER OF PAYMENT OF THE WORK, OF VINCENT AVENUE FROM COUNTRY CLUB DRIVE TO TIMON WAY; FLINT HILL ROAD FROM BIG BEND ROAD � NORTHWESTERLY TO A DEAD END; COUNTRY CLUB DRIVE FROM THE CLUB GATE � SOUTHWARD TO A DEAD END; REDWOOD DRIVE FROM VISTA LANE TO LEAR DRIVE; BEVIN DRIVE FROM WEST RODNEY WESTWARD TO A DEAD END; CEDAR LANE FROM CHARLES STREET NORTHWARD TO A DEAD END; AND RAND STREET � FROM WATER STREET TO ROBERTS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI" , is hereby approved and accepted. � ARTICLE 2. That there be and there hereby is levied a ,i � special assessment against the lots and tracts of land fronting and ; abutting on Vincent Avenue from Country Club Drive to Timon Way for a distance of 1, 005 feet, to pay the cost of repairing and resurfacing said Vincent Avenue the distance improved and assessed as follows: FINAL APPORTIONMENT OF COST � VINCENT AVENUE NAME AND PARCEL NUMBER DESCRIPTION FRONT ASSESS. FOOTAGE $10.00 FF 1. John L. and Rebecca All of Lot 1, Block e of 341 $ 3,410.00 M. Cook the St. Vincent Park Vincent Ave, & Timon Way Subdivision in the City 16-708-00-03-00100 of Cape Girardeau, Missouri as recorded in Mail to: Book 582, Page 706 of the 1520 Sylvan Lane land records of Cape Cape Girardeau, MO Girardeau County, 63701 Missouri. 2. Ralph Steven Part of Lot 9 and 10, 438 $ 4,380.00 Higgerson Block B of the St. 1820 Vincent Ave. Vincent Park Subdivision 16-712-00-03-01000 in the City of Cape Girardeau, Missouri as Mail to: recorded in Book 915, 322 Olive Page 199 of the land Cape Girardeau, MO. records of Cape Girardeau 63701 County, Missouri. 3. H. Eugene and Belma The West Part of Lot 8 207.5 $ 2,075.00 � Hohler and the East part of Lot 1800 Vincent Ave. 9, Block B of the St. 16-712-00-03-00900 Vincent Park Subdivision in the City of Cape Girardeau, Missouri as recorded in Book 139, Page 447 of the land records of Cape Girardeau County, Missouri. 4. Susan M. Stahlheber A Part of Lot 8, Block B 32 $ 320.00 432 Country Club Dr. of the St. Vincent Park 16-712-00-03-00800 Subdivision in the City of Cape Girardeau, Mail to: Missouri as recorded in 1107 lOth Street Book 471, Page 514 of the Rochelle, Illinois land records of Cape 61068 Girardeau County, Missouri. � -2- !�"�"� 5. Lila Reddick A Part of Lot 3 , Block A 149 $ 1,490.00 � 522 Country Club Dr. of the St. Vincent Park 16-712-00-00400 Subdivision in the City of Cape Girardeau, Missouri as recorded in Book 155 Page 002 of the land records of Cape Girardeau County, Missouri. 6. Lila Reddick-Weiss A Part of Lot 3 , 100 $ 1,000.00 522 Country Club Dr. Block A of the St. 16-712-00-04-00500 V1riCerit Park Subdivision in the City of Cape Girardeau, Missouri � as recorded in Book 867 Page 726 of the land records of Cape Girardeau County, Missouri. 7. Lila Reddick-Blythe A Part of Lot 4, Block A 95 $ 950.00 522 Country Club Dr. of the St Vincent Park 16-712-00-04-00500 Subdivision in the City of Cape Girardeau, � Missouri as recorded in Book 425, Page 794 of the land records of Cape Girardeau County, MissouYi. 8. Edward & Juanita The North 1/2 of Lot 4, 612.5 $ 6,125.00 Spicer Lot 5 and Part of Lot 6, i 1841 Vincent Ave. Block A of the St. 16-712-00-04-00200 Vincent Park Subdivision i in Book 353, Page 067 of i the land records of Cape i Girardeau County, � Missouri. ev' ed a there be and there hereb is 1 i , ARTICLE 3. That y special assessment against the lots and tracts of land fronting and � abutting on Flint Hill Road from Big Bend Road northwesterly to a � dead end for a distance of 1, 036 feet, to pay the cost of repairing and resurfacing said Flint Hill Road the distance improved and assessed as follows: � � -3- I � FINAL APPORTIONMENT OF COST FLINT HILL ROAD � NAME AND PARCEL DESCRIPTION FRONT ASSESS. NLJMBER FOOTAGE $ 10.00 FF 1. Howard &Thelma Part of Survey 3091, T31N. 227.7 $ 2,277.00 Dippold R14E. in the City of Cape 1731 Big Bend Rd. Girardeau, Missouri as 16-712-00-05-00800 recorded in Book 302, Page 741 of the land records of Cape Girardeau County, Missouri 2. William J. & Part of Survey 3091. T31N. 77.4 $ 774.00 Rachel L. Finch R14E. in the City of Cape 623 Flint Hill Dr. Girardeau, Missouri as 16-712-00-05-00700 recorded in Book 662, Page 378 of the land records of Cape Girardeau County, Missouri. 3. Roger C. & Mary Part of Survey 3091, T31N. 240 $ 2,400.00 L. Wagner R14E. in the City of Cape 625 Flint Hill Dr. Girardeau, Missouri as 16-712-00-05-00600 recorded in Book 304, Page 234 of the land records of Cape Girardeau County, � Missouri. 4. Steven & Deborah Part of Survey 3091, T31N. 257 $ 2,570.00 Foeste R14E. in the City of Cape 649 Flint Hill Dr. Girardeau, Missouri as 16-711-00-01-00900 recorded in Book 640, Page 352 of the land records of Cape Girardeau County, Missouri. 5. Joseph A Schlitt Lot 2 of Mary's Place 232 $ 2,320.00 656 Flint Hill Dr. Subdivision in the City of 16-711-00-01-01000 Cape Girardeau, Missouri as recorded in Book 849, Page 339 of the land records of Mail to: Cape Girardeau County, 237 Country Club Dr. Missouri. Cape Girardeau, MO. 63701 6. Lea Brown Part of Survey 3091, T31N. 112 $ 1,120.00 650 Flint Hill Dr. R14E. in the City of Cape 16-711-00-01-00300 Girardeau, Missouri as recorded in Book 495, Page 030 of the land records of Cape Girardeau County, � Missouri. —4— � 7. Jim L. & Janet Part of Survey 3091, T31N. 42 $ 420.00 S. Lohr R14E. in the City of Cape 655 Flint Hill Dr. Girardeau, Missouri as 16-711-00-01-00400 recorded in Book 494, Page 944 of the land records of Cape Girardeau County, Missouri. 8. Nancy B. & Part of Survey 3091, T31N. 884.3 $ 8,843.00 Franklin W. Copanas R14E. in the City of Cape Jr. Girardeau, Missouri as 803 Big Bend Rd. recorded in Book 781, Page 16-712-00-OS-00400 179 of the land records of Cape Girardeau County, Missouri. ARTICLE 4. That there be and there hereby is levied a special assessment against the lots and tracts of land fronting and abutting on Country Club Drive from the club gate southward to a dead end for a distance of 700 feet, to pay the cost of repairing and resurfacing said Country Club Drive the distance improved and assessed as follows: FINAL APPORTIONMENT OF COST � COUNTRY CLUB DRIVE NAME AND DESCRIPTION FRONT ASSESS. PARCEL NUMBER FOOTAGE $ 9.55? FF 1. Joe E. & A part of Lot 10, Block "E" 32 $ 305.82 Patricia K. Cook of Country Club Place 209 Country Club Dr. Subdivision in the City of 16-805-00-04-00200 Cape Girardeau, Missouri as recorded in Book 485, Page 972 of the land records of Cape Girardeau County, Missouri. 2. Terry & Alicha A part of Lot 10, Block "E" 59 $ 563.86 Young Jr. of Country Club Place 211 Country Club Dr. Subdivision in the City of Cape Girardeau, Missouri as 16-805-00-04-00300 recorded in Book 876, Page 551 of the land records of Cape Girardeau County, Missouri. � I -5- I 3. Michael B. & A part of Lot 10, Block "E" 50 $ 477.85 � Robin Farrow of Country Club Place 213 Country Club Dr. Subdivision in the City of 16-805-00-04-00400 Cape Girardeau, Missouri as recorded in Book 490, Page 701 of the land records of Cape Girardeau County, Missouri. 4. Ronald & Linda A part of Lot 10, Block "E" 75 $ 716.78 Cunningham of Country Club Place 215 Country Club Dr. Subdivision in the City of 16-805-00-04-00500 Cape Girardeau, Missouri as recorded in Book 898, Page 697 of the land records of Cape Girardeau County, Missouri. 5. Henry & Madge A part of Lot 9 & Lot 10, 70 $ 668.99 Sample Block "E" of Country Club 225 Country Club Dr. Place Subdivision in the 16-805-00-04-00600 City of Cape Girardeau, Missouri as recorded in Book 135, Page 614 of the land records of Cape Girardeau County, Missouri. 6. Dellus & Hellen A part of Lot 9, Block "E" 204.9 $ 1,958.23 � Minson of Country Club Place 227 Country Club Dr. Subdivision in the City of 16-805-00-04-00700 Cape Girardeau, Missouri as recorded in Book 256, Page 594 of the land records of , Cape Girardeau County, Missouri. 7. Joseph A Schlitt A part of Lot 8, Block "E" 203 $ 1,940.07 237 Country Club Dr. of Country Club Place 16-805-00-04-00800 Subdivision in the City of Cape Girardeau, Missouri as recorded in Book 812, Page 108 of the land records of Cape Girardeau County, Missouri. 8. Cape Girardeau A part of Survey 3091. 683 $ 6,527.43 Country Club T31N. R14E. in the City of 100 Country Club Dr. Cape Girardeau Missouri as 16-805-00-01-00100 recorded in Book 376, Page 303 of the land records of Cape Girardeau County, Missouri. � -6- ARTICLE 5. That there be and there hereby is levied a � special assessment against the lots and tracts of land fronting and abutting on Redwood Drive from Vista Lane to Lear Drive for a distance of 324 feet, to pay the cost of repairing and resurfacing said Redwood Drive the distance improved and assessed as follows: FINAL APPORTIONMENT OF COST REDWOOD DRIVE NAME AND PARCEL DESCRIPTION FRONT ASSESS. NUMBER FOOTAGE $10.00 FF 1. Emmett E (Jr. ) A part of Lot 7 in Block 5 179.7 $1,797.00 & Harumi Bounds of the Rodney Vista 2851 Lear Dr. Subdivision in the City of 15-915-00-17-00200 Cape Girardeau, Missouri as recorded in Book 420. Page 418 of the land records of Cape Girardeau County, Missouri. 2. Wayne & Margaret A part of Lot 7 in Block 5 143.0 $1,430.00 Niswonger of the Rodney Vista 787 Redwood Dr. Subdivision of the City of 15-915-00-17-00100 Cape Girardeau, Missouri as recorded in Book 516, /'� Page218 of the land records � � Mail to: of Cape Girardeau County, 1158 County Rd. 212 Missouri. Kelso, MO. 63780 3. Kenneth E. & A part of Lot 7 in Block 5 100.0 $1,000.00 Deborah K. Fulton of the Rodney Vista 783 Redwood Dr. Subdivision of the City of 15-919-00-03-00300 Cape Girardeau, Missouri as recorded in Book 618, Page 001 of the land records of Cape Girardeau County, Missouri. 4. Ronald R. & A part of Lot 7 and 8 in 141.0 $1,410.00 Nancy D. Poston Block 5 in the Rodney Vista 2840 Vista Lane Subdivision of the City of 15-919-00-03-00200 Cape Girardeau, Missouri as recorded in Book 183, Page 055 of the land records of Cape Girardeau County, Missouri. � -7- 5. Barringer Trust A part of Lot 8 in Block 5 86.5 $ 865.00 Vernon C. & of the Rodney Vista � Margaret Barringer Subdivision in the City of 2848 Vista Lane Cape Girardeau, Missouri as 15-919-00-03-00400 recorded in Book 874, Page 180 of the land records of Cape Girardeau County, Missouri. ARTICLE 6. That there be and there hereby is levied a special assessment against the lots and tracts of land fronting and abutting on Bevin Drive from West Rodney westward to a dead end for a distance of 410 feet, to pay the cost of repairing and resurfacing said Bevin Drive the distance improved and assessed as follows: FINAL APPORTIONMENT OF COST BEVII�1 DRIVE NAME AND PARCEL DESCRIPTION FRONT ASSESS. NUMBER FOOTAGE $ '7,381 FF 1. Jewell M. Lear The North part of Lot 6 in 380 $ 2,804.78 2828 Bevin Dr. Block 5 of the Rodney Vista 15-95-00-11-01700 Subdivision in the City of � Cape Girardeau, Missouri as recorded in Book 15, Page 532 of the land records of Cape Girardeau County, Missouri. 2. Greg A. & Part of Lot 6 in Block 5 of 75 $ 553.58 Dianna L. Marston the Rodney Vista Subdivision 2825 Bevin Dr. in the City of Cape Girardeau, 15-915-00-11-01800 Missouri as recorded in Book 434, Page 462 of the land records of Cape Girardeau County, Missouri. 3. Curtis J. & Part of Lot 6 in Block 5 of 75 $ 553.58 Mariah Clymer the Rodney Vista Subdivision 2801 Bevin Dr. in the City of Cape Girardeau, 15-915 00-11-01900 Missouri as recorded in Book 224, Page 443 of the land records of Cape Girardeau County, Missouri. V -8- � 4. Joseph & Part of Lot 6 in Block 5 of 118 $ 870.96 Darline Grebe the Rodney Vista Subdivision 2817 Bevin Dr. in the City of Cape Girardeau, 15-915-00-11-02000 Missouri as recorded in Book 812, Page 099 of the land records of Cape Girardeau County, Missouri. 5. Richard & Northeast Part of Lot 6 in 112 $ 826.67 Marsha Owens Block 5 of the Rodney Vista 807 West Rodney Subdivision in the City of 15-915-00-11-02100 Cape Girardeau, Missouri as recorded in Book 435, Page 094 of the land records of Cape Girardeau County, Missouri. ARTICLE 7. That there be and there hereby is levied a special assessment against the lots and tracts of land fronting and abutting on Cedar Lane from Charles Street northward to a dead end for a distance of 297 feet, to pay the cost of repairing and resurfacing said Cedar Lane the distance improved and assessed as follows: FINAL APPORTIONMENT OF COST � CEDAR LANE NAME AND PARCEL DESCRIPTION FRONT ASSESS. NUMBER FOOTAGE $ 8.918FF 1. Billie J. & The Southwest corner of Lot 9, 199.35 $ 1,777.80 Sharon L. Woolridqe Block 5 of the Rodney Vista 635 Charles St. Subdivision in the City of Cape 15-919-00-03-01800 Girardeau, Missouri as recorded in Book 295, Page 384 of the Mail to: land records of Cape Girardeau 327 West Broadway County, Missouri. Sparta, Illinois 62286 2. Virginia Poston The South one third of the 65 $ 579.67 767 W. Rodney Dr. North one half of Lot 9, Block 15-919-00-03-01400 5 of the Rodney Vista Subdivision in the City of Cape Girardeau, Missouri as recorded in Book 939, Page 913 of the land records of Cape Girardeau County, Missouri. � -9- 3. Susan M. & The Northwest Part of Lot 9, 13 Donald E. Brady Jr. Block 5 of the Rodney Vista $ 115.93 768 Cedar Lane Subdivision in the City of Cape � 15-919-00-03-02200 Girardeau, Missouri as recorded in Book 870, Page 335 of the land records of Cape Girardeau County, Missouri. 4. Robert E. North Part of Lot 10, Block 5 23.96 $ 213.68 Koeppel II of the Rodney Vista Subdivision 767 Cedar Lane in the City of Cape Girardeau, 15-919-00-03-02500 Missouri as recorded in Book 880, Page 314 of the land records of Cape Girardeau County, Missouri. 5. Earnest D. Ford East Part of Lot 10, Block 5 of 112.35 $ 1,001.94 763 Cedar Lane the Rodney Vista Subdivision in 15-919-00-03-02100 the City of Cape Girardeau, Missouri as recorded in Book 883, Page 643 of the land records of Cape Girardeau County, Missouri. 6. Jonathan W. & Southeast Corner of Lot 10, 140.8 $ 1,255.65 Julia L. Freeman Block 5 of the Rodney Vista 627 Charles St. Subdivision in the City of Cape 15-919-00-03-01900 Girardeau, Missouri as recorded � in Book 499, Page 005 of the land records of Cape Girardeau County, Missouri. ARTICLE 8. That there be and there hereby is levied a special assessment against the lots and tracts of land fronting and abuttinq on Rand Street from Water Street to Roberts Street for a distance of 1, 335 feet, to pay the cost of repairing and resurfacing said Rand Street the distance improved and assessed as follows: � -10- FINAL APPORTIONMENT OF COST /�""�""� RAND STREET [ 1 NAME AND PARCEL NUMBER DESCRIPTION FRONT ASSESS. $ FOOTAGE 10.00 FF 1. The House of Prayer All of Lots 1 and 20, 110 51,100.00 Tabernacle Block 5 of the Red Star 16-716-00-02-01200 Addition and that part of Roberts Street Vacated by Mail to: Ordinance No. 1564, City P.O. Box 1627 of Cape Girardeau, Missouri as recorded in Book 633, Page 081 of the land records of Cape Girardeau County, Missouri. 2. Kathleen McGill Lots 2 and 3, Block 5 of 100 $ 1,000.00 1518 Rand St. the Red Star Addition in 16-716-00-02-01100 the City of Cape Girardeau, Missouri as recorded in Book 929, Page 843 of the land records of Cape Girardeau County, Missouri. � 3. J. D. Smith Lots 4, 5 and 6, Block 5 150 $ 1,500.00 1516 Rand of the Red Star Addition 16-716-00-02-01000 in the City of Cape Girardeau, Missouri as Mail to: recorded in Book 591, Page P.O. Box 971 266 of the land records of Reno Nevada 89504 Cape Girardeau County, -0971 Missouri. 4. Alan R. Mansker All of Lot 7, Block 5 of 50 $ 500.00 1514 Rand St. the Red Star Addition in 16-716-00-02-00900 the City of Cape Girardeau, Missouri as recorded in Book 722, Page847 of the land records of Cape Girardeau County, Missouri. 5. Michael L. & Paula All of Lots 8 and 9, Block 100 $ 1,000.00 K. Haas 5 of the Red Star Addition 1510 Rand in the City of Cape 16-716-00-02-00800 Girardeau, Missouri as recorded in Book 691, Page 404 of the land records of Mail to: Cape Girardeau County, 113 Centennial Dr. Missouri. � -11- 6. Mark E. Griffith All of Lots 10 and 11, 50 $ 500.00 216 Johnson Block 5 of the Red Star � 16-716-00-02-00600 Addition in the City of Cape Girardeau, Missouri as recorded in Book 808, Mail to: Page 300 of the land P.O. Box 162 records of Cape Girardeau Holts Summit MO County, Missouri. 65043 7. Joe C. & Carol A. A part of Lots 19 and 20, 100 $ 1,000.00 Heflin Block 4 of the Red Star 1359 Rand Addition in the City of 16-716-00-03-00100 Cape Girardeau, Missouri as recorded in Book 809, Mail to: Page 805 of the land P.O. Box 1627 records of Cape Girardeau County, Missouri. 8. Norbert R. & Viola All of Lot 18, Block 4 of 50 $ 500.00 Schlegal the Red Star Addition in 1535 Rand the City of Cape 16-716-00-03-00200 Girardeau, Missouri as recorded in Book 197, Page517 of the land records of Cape Girardeau County, Missouri. 9. James Crenshaw All of Lot 17, Block 4 of 50 $ 500.00 `..�/ the Red Star Addition in 16-716-00-03-00300 the City of Cape Girardeau, Missouri as recorded in Book 369, Page Mail to: 925 of the land records of Rt. 1, Box 343 Cape Girardeau County, Missouri. 10. J. D. Smith All of Lot 16, Block 4 of 50 $ 500.00 16-716-00-03-00400 the Red Star Addition in the City of Cape Mail to: Girardeau, Missouri as P.O. Box 971 recorded in Book 591, Page Reno, Nevada 89504 264 of the land records of -0971 Cape Girardeau County, Missouri. 11. Joel L. & Agnes L. All of Lot 13, 14 and 15, 150 $ 1,500.00 Myers Block 4 of the Red Star 1513 Rand Addition in the City of 16-716-00-08-00600 Cape Girardeau, Missouri as recorded in Book 512, Page 539 of the land Mail to: records of Cape Girardeau 812 S. West End Blvd. County, Missouri. �r..../ -12- � 12. Ralph J. & Glenna All of Lots 11 and 12, 100 $ 1,000.00 K. Knoblauch Block 4 of the Red Star Addition in the City of 16-716-00-03-00600 Cape Girardeau, Missouri as recorded in Book 534, Mail to: Page 359 of the land Rt. 3 Box10 records of Cape Girardeau Fredricktown, MO County, Missouri. - 63645 13. Bonnie Hahs and Lots 17 and 18, Block 8 of 100 $ 1,000.00 Patsie Higgins the Red Star Addition in 1501 Water St. the City of Cape 16-716-00-10-00100 Girardeau, Missouri as recorded in Book 513, Page 819 of the land records of Cape Girardeau County, Missouri. 14. City of Cape All of Lots 15 and 16, 100 $ 1,000.00 Girardeau Block 8 of the Red Star Addition in the City of Cape Girardeau, Missouri 16-716-00-10-00200 as recorded in Book 798, Page 217 of the land � records of Cape Girardeau County, Missouri. 15. Wesley Hall All of Lot 14, Block 8 of 50 $ 500.00 1451 Rand St. the Red Star Addition in 16-716-00-10- 00300 the City of Cape Girardeau, Missouri as recorded in Book 461, Page708 of the land records of Cape Girardeau County, Missouri. 16. City of Cape All of Lot 13, Block 8 of 50 $ 500.00 Girardeau the Red Star Addition in the City of Cape Girardeau, Missouri as 16-716000-10-00400 recorded in Book 813, Page 693 of the land records of Cape Girardeau County, Missouri. 17. Louis Hogan All of Lot 12, Block 8 of 51 $ 510.00 1443 Rand St. the Red Star Addition in 16-716-00-10-00500 the City of Cape Girardeau, Missouri as recorded in Book 649, Page 404 of the land records of /�""� Cape Girardeau County, � � Missouri. -13- 18. Joel J. Jones All of Lot 11, Block 8 of 62 $ 620.00 1441 Rand St. the Red Star Addition in � 16-716-00-10-00600 the City of Cape Girardeau, Missouri as recorded in Book 344, Page 55 of the land records of Cape Girardeau County, Missouri. 19. William E. Walker All of Lot 10, Block 8 of 136 $ 1,360.00 III the Red Star Addition in the City of Cape 16-716-00-10-00700 Girardeau, Missouri as recorded in Book 446, Page 664 of the land records of Mail to: Cape Girardeau County, 85 Cape Rock Dr. Missouri. 20. Donald R. Hurt All of Lot 9, Block 8 of 135 $ 1,350.00 1432 Water St. the Red Star Addition in 16-716-00-01500 the City of Cape Girardeau, Missouri as Mail to: recorded in Book 491, Page 1722 W. Cape Rock Dr. 869 of the land records of Cape Girardeau county, Missouri. 21. City of Cape All of Lot 7, Block 16 of 257 $ 2,570.00 Girardeau the Robertson & Gale � Subdivision in the City of Cape Girardeau, Missouri 16-716-00-10-00800 as recorded in Book 844, Page 817 of the land records of Cape Girardeau County, Missouri. 22. Heirloom Clock Co. A part of Outlot 70 in 150 $ 1,500.00 the Red Star Subdivision 16-716-00-12-00100 in the City of Cape Girardeau, Missouri as Mail to: recorded in Book 342, Page P.O. Box 649 126 of the land records Sikeston, MO. of Cape Girardeau County, 63801 Missouri. � -14- � 23. John P. & Anna M. A part of Out lot 4 and 148 $ 1,480.00 Redwine vacated alley in the Red Star Subdivision in the 16-716-00-12-0020 City of Cape Girardeau, Missouri as recorded in Mail to: Book 117, Page 119 of the P.O. Box 1451 land records of Cape Robbinsville, N.C. Girardeau County, 28771-1451 Missouri. 24. City of Cape All of Lot 3, Block 7 in 50 $ 500.00 Girardeau the Red Star Subdivision 1454 Rand in the City of Cape 16-716-00-11-00400 Girardeau, Missouri as recorded in Book 868, Page 960 of the land records of Cape Girardeau County Missouri. 25. Kenneth M. & Helen All of Lots 1 and 2, Block 100 $ 1,000.00 M. Sides 7 in the Red Star 1401 Randol Subdivision in the City of 16-716-00-11-00300 Cape Girardeau, Missouri as recorded in Book 639, � Page 928 of the land records of Cape Girardeau County, Missouri. ARTICLE 9. These Special Tax Bills bear interest at a rate of six and three hundred seventy-four one thousandths per cent (6. 374%) , per annum, and shall become due and payable sixty (60) days after the date of issue thereof, unless a proper request for installment payments is filed with the City Clerk within that sixty (60) day period. Every Special Tax Bill shall be a lien against the lot or tract or parcel of land described in said Special Tax Bill for a period of ten (10) years after date of issue, unless sooner paid, except in the case of Special Tax Bills payable in installments, the lien of which shall not expire until one (1) year after the date of maturity of the last annual installment, and except in any case where it becomes necessary to bring suit to enforce the lien of any Special Tax Bill , the lien of which shall continue until the expiration of the litigation. All Special Tax Bills payable in installments shall be due and payable in ten (10) annual installments. One tenth (1/lOth) of the amount assessed in these Special Tax Bills shall be payable in the first year after the date of issuance, plus interest at a rate of six and three hundred seventy-four one thousandths per cent �""'"'� (6. 374%) , payable annually, on the outstanding balance of the tax � � bill and one tenth (1/lOth) of the tax bill plus interest as specified above shall be payable on each successive anniversary -15- thereof for nine (9) years thereafter. If any installment including principal and interest, is not paid when due, then all of the remaining installments shall, at the option of the holder of � these tax bills, become immediately due and payable, provided that the owner of the property shall have the privilege of paying the whole of any tax bill in full at any time, or on any annual installment payment date or of paying in full one (1) or more of the remaining installments not of maturity date. In all actions to enforce any Special Tax Bill, the Court shall fix and allow a reasonable Attorney fee, not to exceed ten (10) percent of the amount of said tax bill, to the plaintiff 's attorney for his services in the prosecution of said action, and shall tax the same as costs in the proceeding. ARTICLE 1�. The Final Report of the City Engineer is attached hereto, and all the information contained therein is hereby approved and incorporated herein by reference. ARTICLE 11 . The City Clerk hereby is authorized to make out and issue tax bills against the lots and tracts of land herein described for the amounts assessed against them in evidence of such assessment and payable to the City of Cape Girardeau, Missouri. The said tax bills shall be signed by the City Clerk under the corporate seal of the City, and duly filed for record in the Office of the City Clerk. A RTICLE 12. This ordinance shall be in full force and effect ten days after its passage and approval . � PASSED AND APPROVED THIS DAY OF , 19 . A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad Deputy City Clerk ��..,�/ -16- �..� � . J`�, ♦ 1 DI ANCES � OR N � � � � � ' CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager � Council Letter No. 63 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri RE: Request for Special Use Permit for a Community Unit Plan Dear Mayor and Council Members: On February lg` the Council continued the public hearing on the request of Vernon E. Rhodes Family Partners, L.P. for a Special Use Permit for a Community Unit Plan at the southwest corner of Kingshighway and Boulder Crest Drive. The Community Unit Plan is for a six-building apartment complex, with five buildings with 14 units and one building with 8 units. The property is currently zoned R-4 and C-2. The Planning and Zoning Commission recommended approving this application at its meeting on December 9, 1998, by a vote of 9 in favor with none in opposition, with the � stipulation that the drives shown on the plat be connected and a second entrance be installed. Several citizens appeared in opposition to the plan at this meeting. A revised plan for the development was submitted and reviewed at the January 13'� Planning and Zoning Commission meeting. The revised community unit plan was approved by a vote of 6 in favor and 2 �n opposition, with the stipulation that the developer meet with the City Fire Chief to attempt to satisfy his concerns regarding access. Fire Chief Dan White did meet with the developer and forwarded a memorandum regarding the need for a second access to the development, which memo is attached. There were no citizens present in opposition to the request at the January meeting. Following the February 1$` Council meeting, Council members and staff met on-site with Mr. Scott M. Rhodes on Monday, February 8�', to discuss the need for a second access into the project. At the on-site meeting, Mr. Rhodes presented the Council with a letter concerning other developments in the City. In regard to the Lynwood Hills Subdivision, Mr. Rhodes debated whether or not it was developed prior to annexation. The subdivision plat was recorded with the County on June 13, 1997_ On October 31, 1997, the annexation of the subdivision, excluding three lots owned by Mike Smith, became effective. Mr. Smith initiated construction of apartment buildings on his lots at about this time. Two of the apartment buildings were nearing completion when Mr. Smith's lots were annexed effective January 16, 1998. � Honorable Mayor and City Council Agenda February 16, 1999 Page 2 �` It is recommended that the City Council hold this public hearing. Attached for first reading consideration is an ordinance authorizing this Special Use Pernut. The Council should note that, as currently written, the Special Use Permit will require a second access if it is approved in this form. Respectfully submitted, . ent M. Bratton Ci Planner . f'"� Fire Chi .__ , _ _ - `•� _.�--_ �Michael G. � City Manager KMB/DW/MGM/rlf �: �aiva�e,� (� \J Memorandum `,�� `� i �k:. TO: Kent Bratton, City Planner FROM: Dan White, Fire Chief DATE: January 25, 1999 RE: Vernon Rhodes Subdi��sion off of Boulder Crest I met with Scott Rhodes on Tuesday, January 19, 1999 in my of�ice to discuss the concerns the fire departmer.t has about the proposed subdivision off of Boulder Crest. In this meeting, I advised Mr. Rhodes that we need a second access off oi Baulder Crest into the subdivision due to the following reasons: 1. The type of occupancy proposed is a high density residential. The buildings proposed ase multi-story. The numbers of people potentially endangered in an emergency, c�isaster, etc. would be a concern. 2. The length of the cul-de-sac proposed would prohi�it any effective alternative for nre � fighting if access could not be gained. 3. The area proposed is a filled site, and the construction of the proposed road would require more fill to bring it up to an acceptable grade. We are in an earthquake orone area. The potentia] for road failure in a seismic event would be significant. 4. The lay of the land is a concern as it is somewhat "bowl-shaped." All of the occupancies proposed would be in the bottom of this bowl. Again, alternatives for accessing the buildings in case of emergency would be very limited in case of road failure. 5. A second road off of Boulder Crest could be designed to give access to the rear of the buildings. Access to the rear of the buildings may be required by the Fire Code regardless of a secondary access �nto the subdivision being requested. While a second roadway is no guarantee of access in case of emergency, it would give emergency services a significantly better chance in case of road failure at the primary access road. At the conclusion of our meeting no agreements were reached, and Mr. Rhodes indicated we would hear further from him regarding the project. � � g o � : ,� J �-H� � � ��2 Z O �J � a . � �oo � J � � o � N T � � �W � .:: � Y � ��' � .t . < C ; � JOZ C . . . Q � ^, y� >>S �' . N1� � �m� V � J ^ ~ NO � < n U ��.�. ♦ O � y�vm �a � � tl � y �W�� �� /� O p O� . v O 3 �Y�" �� � _ : ��/ yi�1 ` � 'p � I gS� ff� � 3 '�O j•h �g �;s ' WZ � � �� paD� %nN 2`�O �yy� � rc H�� a �• ��Wq3gY�� W� W � < F 2 Ny�Z Oa{I� r ��O vl ' � �" � / � ��. tW0'�0�1��N�N�W W�W C��02KK aNaii .�,' o' � � x� '^ �z�nui���=��v�< �i�<�m�ia�zz �Z=� � �� '�� Z g�S'irvc�.>a����^,�1O�i �v�'^Z,e�oj�ov� �na� . � `',� R� � �` � 0 ai � ` /���� �: , <� �� ' 1 � ' 'r � :� � �� `.�� ,$ __� �r � � �� 1� `\ i/ � ' N �� � ,c e �: � ! � t . 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I ' i � tr 0 � . � � e� . �� �� � 'a� . . j � � - - � � � � � .. - - �a �.\ � �� � � ,�' ��tl n y tl � - � � $ � ' �r � hW ��. k 'W+ �« � _ � � 8 - �d i, a � �° . . l,- �,,��ona . .. �._ . Qb� � �I i � � �O�Lr�yy o�' . i� I � , �� ��.. �p � �MW� . w i . � ' ` i� '� /_ _ - .. .. � i� � ... �� . i - � .. _.. �a ' I " �/ , .- _ -� � g �f o , � � -- _ .��- _ �� �,� ;e ,' �' _ _ - � ' � - . - _ . : � .r1_X �'�� , /. .. . - �\r .. . . . . - -� � _M - - � ..- --- -. `r.. �� . .. . _ � y a - .. 2lry�.0 - _.. .. _ .. � " _ . D,qGy y� r .'yr . � � � o� � �� f`+\� i ` ��/ / � b� w BILL NO. 99-?5 ORDINANCE NO. �TT� AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO VERNON E. RHODES FAMILY PARTNERS, L.P. , FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN AT THE SOUTHWEST CORNER OF KINGSHIGHWAY AND BOULDER CREST DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Vernon E. Rhodes Family Partners, L.P. is the owner of certain property in the City of Cape Girardeau, on which it desires to construct, maintain and operate a Community Unit Plan; and WHEREAS, the proposed location of said Community Unit Plan is at the Southwest corner of Kingshighway and Boulder Crest Drive, which property is presently zoned R-4 , Multiple Dwelling District; and WHEREAS, a Special Use Permit is required for said use in an R-4 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF � CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2 . A Special Use Permit for purposes of constructing, maintaining and operating a Community Unit Plan, on the following described property: A TRACT OF LAND LYING IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27 , TOWNSHIP 31 NORTH, RANGE 13 EAST, CAPE GIRARDEAU COUNTY MISSOURI, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS SOUTH Ol DEGREE 09 MINUTES EAST 424 . 17 FEET FROM AN OLD IRON PIPE BEING THE INTERSECTION OF SECTION 22 , 23 , 26, AND 27 IN SAID TOWNSHIP AND RANGE; THENCE CONTINUING SOUTH O1 DEGREE 09 MINUTES FAST 18 . 0 FEET; THENCE SOUTH 83 DEGREES 30 MINUTES WEST 122 . 0 FEET; THENCE SOUTH 70 DEGREES 32 � MINUTES WEST 290. 0 FEET; THENCE SOUTH 71 DEGREES 03 MINUTES WEST 137 . 0 FEET TO A POINT OF A CURVE TO THE RIGHT; THENCE ALONG SAID ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 128 FEET, A DISTANCE OF 157 . 0 FEET; THENCE NORTH 39 DEGREES 37 MINUTES WEST 131. 5 FEET; � THENCE NORTH 06 DEGREES 30 MINUTES EAST 508 . 5 FEET; THENCE SOUTH 86 DEGREES EAST 205 FEET; THENCE SOUTH 06 DEGREES 30 MINUTES WEST 202 . 69 FEET; THENCE SOUTH 63 DEGREES 26 MINUTES 59 SECONDS EAST 573 . 57 FEET TO THE POINT OF BEGINNING AND CONTAINING 5 . 49 ACRES is hereby granted to Vernon E. Rhodes Family Partners, L.P. , to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau and any special conditions contained in the Special Use Permit, a copy of which is attached hereto and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri. ARTICLE 3 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 19 � A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad Deputy City Clerk � � SPECIAL USE PERMIT Vernon E. Rhodes Family Partners, L. P. , by Scott M. Rhodes, 2149 William Street, Cape Girardeau, MO 63703 , is hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a Community Unit Plan, on the following described property for an indefinite period of time: A TRACT OF LAND LYING IN THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27 , TOWNSHIP 31 NORTH, RANGE 13 EAST, CAPE GIRARDEAU COUNTY MISSOURI, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT THAT IS SOUTH O1 DEGREE 09 MINUTES EAST 424 . 17 FEET FROM AN OLD IRON PIPE BEING THE INTERSECTION OF SECTION 22 , 23 , 26, AND 27 IN SAID TOWNSHIP AND RANGE; THENCE CONTINUING SOUTH O1 DEGREE 09 MINUTES FAST 18 . 0 FEET; THENCE SOUTH 83 DEGREES 30 MINUTES WEST 122 . 0 FEET; THENCE SOUTH 70 DEGREES 32 MINUTES WEST 290. 0 FEET; THENCE SOUTH 71 DEGREES 03 MINUTES WEST 137 . 0 FEET TO A POINT OF A CURVE TO THE RIGHT; THENCE ALONG SAID ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 128 FEET, A DISTANCE OF 157 . 0 FEET; THENCE NORTH 39 DEGREES 37 MINUTES WEST 131. 5 FEET; THENCE NORTH 06 DEGREES 30 MINUTES EAST 508. 5 FEET; � THENCE SOUTH 86 DEGREES EAST 205 FEET; THENCE SOUTH 06 DEGREES 30 MINUTES WEST 202 . 69 FEET; THENCE SOUTH 63 DEGREES 26 MINUTES 59 SECONDS EAST 573 . 57 FEET TO THE POINT OF BEGINNING AND CONTAINING 5. 4 9 ACRES This Special Use Permit is granted upon the condition that the Applicant be bound by all City Ordinances which pertain to the Special Use Permit and that the Applicant be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicant to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. SP .TAT, CONDITIONS: l. Additions or modifications from the original building permit must be approved by the City Council. 2 . Special use shall meet all applicable zoning regulations. 3 . This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. � 4 . This Special Use Permit is not transferrable without consent of the City Council . � 5. A second exit onto Boulder Crest Drive shall be constructed. 6. The driveways shown for the complex shall be connected. IN WITNESS WHEREOF, the City Manaqer of the City of Cape Girardeau, Missouri, affixes his signature this day of , 19 . Michael G. Miller City Manager ATTEST: Gayle L. Conrad Deputy City Clerk STATE OF MISSOURI ) ) ss. � ] COUNTY OF CAPE GIRARDEAU ) �1����� On this day of , 19 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Delores G. Needham, Notary Public My Commission Expires: October 8 , 2000 `� CITY OF CAPE GIRARDEAU Office of the City Manager ' � Council Letter No. 64 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Public Hearing on Request for Rezoning of a 5.61 Acre Tract on County Road 206 and a Speciat Use Permit for a Community Unit Plan ' This agenda item provides for the holding of an advertised public hearing on the request of Charles W. Riske, Trustee, Christopher Evans, and Thorn Investments, L.L.C. to rezone a 5.61 acre tract along County Road 206, north of Cobblestone Court, from R-1, Single Family Residential District, to R-4, Multiple Family Residential District, and for a Special Use Permit for a Community Unit Plan on said tract. The Planning and Zoning Commission recommended denial of this request at their meeting January �3, 1999. The Commission's vote on this application was 0 in favor and 7 opposed to the approval of this request, with 1 abstention. At its meeting on January 19, 1999, the Council filed the request. A verbal request for public hearing was received by the City Manager's Office on January 20�', with a written ' request for a public hearing being received on January 26, 1999. The hearing was then scheduled for the February 16�'meeting. The required public notice was subsequently published on January 29`�. It is recommended that the City Council hold the advertised public hearing on the request for rezoning and Special Use Permit. If the Council decides to grant the rezoning and the Special Use Permit, an ordinance is attached for first rea.ding consideration. • Respectfully submitted, /'// ' '`''�w� j�`� Kent . Bratton � Cit lanner / Michael . City Manager � KBM/MGM/rlf N .� _.� �. _ . � � . . V`V 1J 1.) 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' ( /, i '� �:y � -�- ���� � ,1� / +�; = W a $ e :�;�" ' � � � � � � � _ . �, ��i z�x � / r= •% `_ �: _ \'i ; C~(,r-.. .��` t ��� $ . � c � ;� 9� i f—y� $ �) [�vi 3 % " a�� Y �f Z � e �"�✓ I : • • BILL NO. ��-�8 ORDINANCE NO. � AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI , BY CHANGING THE ZONING OF PART OF A TRACT ALONG COUNTY ROAD 206 , NORTH OF COBBLESTONE COURT, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO R-4 WHEREAS, the City Planning and Zoning Commission has recommended against rezoning all of the property described in Article 1 of this ordinance from R-1 Single-Family Dwelling District to R-4 , Multiple Dwelling 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, February 16, 1999 ; 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 R-4 , Multiple Dwelling District; � NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: ARTICLE 1. Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended to change the zoning from the present R-1, Single-Family Dwelling District to R-4 , Multiple Dwelling District, for the following described property: All of that part of U.S.P. Survey 787 , being in Township 30 North, Range 13 East of the Fifth Principal Meridian, in the County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northeast corner of said U. S.P. Survey No. 194 ; thence North 17°22 ' 15" East, 294 . 75 feet, to the place of beginning; thence South 61°21 ' 31" East, 280. 00 feet; thence North 36°53 ' 00" East, 146. 00 feet; thence South 72°53 ' 09" East, 207 . 00 feet; thence North 16°57 ' 48" East, 202 . 00 feet, to a point on the South right of way line of County Road 206 ; thence along said right of way, along the arc of a curve to the left, having a radius of 236 . 17 feet, 32 . 31 feet (the chord of said arc bears North 69°56 ' 34" West) ; thence North � 73°51 ' 43" West, 305. 74 feet; thence along the arc of a curve to the right, having a radius of 541 . 10 feet, 325. 07 feet; thence North 39°26 ' 26" West, 110. 42 feet; thence leaving said right of way, South 59°15 ' 18" West, � 176. 00 feet; thence South 09°23 ' 06" West, 184 . 00 feet; thence South 50°43 ' 32" East, 346. 00 feet, to the place of beginning and containing 5. 61 acres, more or less, and subject to any easements of record. 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 R-4 , Multiple Dwelling 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 , 19 . A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad, �✓ Deputy City Clerk `�..� � BILL NO. 99-39 ORDINANCE NO. AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CHARLES W. RISKE, TRUSTEE, CHRISTOPHER EVANS, AND THORN INVESTMENTS, LLC, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A COMMUNITY UNIT PLAN ALONG COUNTY ROAD 206, NORTH OF COBBLESTONE COURT, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI WHEREAS, Charles W. Riske, Trustee, and Christopher Evans are the owners of certain property in the City of Cape Girardeau, on which Thorn Investments, LLC desires to construct, maintain and operate a Community Unit Plan; and WHEREAS, the proposed location of said Community Unit Plan is along County Road 206, North of Cobblestone Court, which property is presently zoned R-4 , Multiple Dwelling District; and WHEREAS, a Special Use Permit is required for said use in an R-4 zone; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: � ARTICLE 1. The City Council having duly considered the application finds that the granting of the Special Use Permit will not substantially increase traffic hazards, congestion, fire hazards or adversely affect the general character of the neighborhood or the general welfare of the community, nor will it overtax public utilities or be in conflict with the comprehensive plan. ARTICLE 2 . A Special Use Permit for purposes of constructing, maintaining and operatinq a Community Unit Plan, on the following described property: Al1 of that part of U. S.P. Survey 787 , being in j Township 30 North, Range 13 East of the Fifth Principal I Meridian, in the County of Cape Girardeau, State of � Missouri, described as follows: Commence at the Northeast corner of said U. S. P. Survey No. 194 ; thence North 17°22 ' 15" East, 294 . 75 feet, to � the place of beginning; thence South 61°21 ' 31" East, I 280. 00 feet; thence North 36°53 ' 00" East, 146 . 00 feet; j thence South 72°53 ' 09" East, 207 . 00 feet; thence North 16°57 ' 48" East, 202 . 00 feet, to a point on the South � � right of way line of County Road 206; thence along said i right of way, along the arc of a curve to the left, I I havinq a radius of 236 . 17 feet, 32 . 31 feet (the chord of said arc bears North 69°56 ' 34" West) ; thence North � 73°51 ' 43" West, 305 . 74 feet; thence along the arc of a curve to the right, having a radius of 541. 10 feet, 325. 07 feet; thence North 39°26 ' 26" West, 110. 42 feet; thence leaving said right of way, South 59°15 ' 18" West, 176 . 00 feet; thence South 09°23 ' 06" West, 184 . 00 feet; thence South 50°43 ' 32" East, 346 . 00 feet, to the place of beginning and containing 5. 61 acres, more or less, and subject to any easements of record. is hereby granted to Charles W. Riske, Trustee, Christopher Evans, and Thorn Investments, LLC, to be effective ten (10) days after the date of passage and approval of this ordinance. The special use must comply with all regulations set forth in the Zoning Code for the district in which the use is located except those which have been specifically excepted under this permit, and all other applicable ordinances of the City of Cape Girardeau and any special conditions contained in the Special Use Permit, a copy of which is attached hereto and incorporated herein by reference. The City Manager is hereby given the power to execute the Special Use Permit for and on behalf of the City of Cape Girardeau, Missouri . ARTICLE 3 . This ordinance shall be in full force and effect ten days after its passage and approval . � PASSED AND APPROVED THIS DAY OF , 19 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad Deputy City Clerk � � SPECIAL USE PERMIT Charles W. Riske, Trustee, c/o Paul Berens, Bradshaw, Steel, Cochrane & Berens LC, P.O. Box 1300, Cape Girardeau, MO 63702- 1300; Christopher Evans, 739 Ohio #l , Lawrence, KS 66044; and Thorn Investments, LLC, 325 South Katie Drive, Charleston, MO 63834 , are hereby granted a Special Use Permit for purposes of constructing, maintaining and operating a Community Unit Plan, on the following described property for an indefinite period of time: All of that part of U. S. P. Survey 787 , being in Township 30 North, Range 13 East of the Fifth Principal Meridian, in the County of Cape Girardeau, State of Missouri, described as follows: Commence at the Northeast corner of said U.S.P. Survey No. 194 ; thence North 17°22 ' 15" East, 294 . 75 feet, to the place of beginning; thence South 61°21 ' 31" East, 280. 00 feet; thence North 36°53 ' 00" East, 146. 00 feet; thence South 72°53 ' 09" East, 207 . 00 feet; thence North 16°57 ' 48" East, 202 . 00 feet, to a point on the South right of way line of County Road 206 ; thence along said right of way, along the arc of a curve to the left, � having a radius of 236. 17 feet, 32 . 31 feet (the chord of said arc bears North 69°56 ' 34" West) ; thence North 73°51 '43" West, 305. 74 feet; thence along the arc of a curve to the right, having a radius of 541. 10 feet, 325. 07 feet; thence North 39°26 ' 2G" West, 110. 42 feet; thence leaving said right of way, South 59°15 ' 18" West, 176. 00 feet; thence South 09°23 ' O6" West, 184 . 00 feet; thence South 50°43 ' 32" East, 346. 00 feet, to the place of beginning and containing 5. 61 acres, more or less, and subject to any easements of record. This Special Use Permit is granted upon the condition that the Applicants be bound by all City ordinances which pertain to the Special Use Permit and that the Applicants be bound by the following conditions which are imposed as a condition of issuance of this Special Use Permit. Upon the failure of the Applicants to comply with these special conditions, the Special Use Permit will automatically terminate and the City of Cape Girardeau shall have the right to enter upon the land to abate such special use. SPF _TAT, ONI�TTTONS: 1. Additions or modifications from the original building permit must be approved by the City Council. I � i 2 . Special use shall meet all applicable zoning regulations. � 3 . This Special Use Permit shall automatically terminate in twelve (12) months upon the failure to develop the use of the land for which the Special Use Permit has been issued. 4 . This Special Use Permit is not transferrable without consent of the City Council . IN WITNESS WHEREOF, the City Manager of the City of Cape Girardeau, Missouri, affixes his signature this day of , 19 . Michael G. Miller City Manager ATTEST: Gayle L. Conrad Deputy City Clerk � STATE OF MISSOURI ) ) ss. COUNTY OF CAPE GIRARDEAU ) On this day of , 19 , before me appeared Michael G. Miller, to me personally known, who, being by me duly sworn, did say that he is the City Manager of the City of Cape Girardeau, Missouri, a Municipal Corporation of the State of Missouri, and that the seal affixed to the foregoing instrument is the seal of said City and that the said instrument was signed and sealed in behalf of said City by authority of its City Council and acknowledged said instrument to be the free act and deed of said City. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in Cape Girardeau, Missouri, the day and year first above written. Delores G. Needham, Notary Public My Commission Expires: October 8, 2000 � CIT'Y OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 65 Agenda: February 16, 1999 The Honorable Mayor and Members of the City Council ; City of Cape Girardeau, Missouri Dear Mayor and Council Members: . Subject: EstabGsh No Parking Zone, 1200 Block Broadway A citizen inquired about a no parking sign located in the 1200 block of Broadway. After searching for the ordinance related to this particular sign, it was discovered there was no ordinance in place prohibitin�parking at this location. Research indicated the sign was placed at its present location when a left turn lane was establi�ed for eastbound traffic tuming north onto Henderson. The left turn lane is situated in such a maruier making parking at or near the turn lane hazardous to the street traff c. There is a definite need for a parking prohibition on this section of Broadway. � It is recommended that Schedule F, of Chapter 26, Section 247, of the Code of Ordinances of the City of Cape Girardeau,ll�'issouri,be amended to establish a no parking zone at the following location: Broadway — North side, beginuing at the north west corner of the intersection with Henderson,west for a distance of 125 feet Prohibiting parking in this area w�11 allow for the free flow of traffic as we}I as reduce the potential for traffic crashes. Res ectfull Submitted ��� � 'chard L. Hetzel hief of Police . � :4 . Michael . � City Manager � � � � /� BILL NO. 99-34 ORDINANCE NO. � � AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, ESTABLISHING NO PARKING ON BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: ARTICLE 1. Schedule F of Section 26-247 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing a no parking zone in the City of Cape Girardeau, Missouri, at the following location: Broadway -- North side, beginning at the north west corner of the intersection with Henderson, west for a distance of 125 feet. ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 19 . � A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad Deputy City Clerk � I I I � � � CITY OF CAPE GIRARDEAU Office of the City Manager Council Letter Na 6 6 Agenda: February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Establish a Stop Sign on Lynwood Hills Dr. at Cape LaCroix Road The City of Cape Girardeau recendy accepted Lynwood I�'ills Drive as a city street. As a result, there is a nced for tra�ic control oa Lynwood I�ills Drive at Cape LaCroix Road. It is recommended Schedule C of Chapter 26, section 121 of the Code of Ordinances of the � City of Cape Girardeau,Missouri,be amended to establish a stop sign at the following location in the City of Cape Girazdeau,Missouri: Ly��lls Drive at Cape La Goix Road—Southx�st corner facing � The Police Department has consulted with City Engineer. Both concur thea�e is a need for a traffic control device at this location. . Res ectfully Sub 'tted ;,, ' . He 1 Chi of Police � � � / 1V�ichael G. Miller � � City Maaager � � �""'+� BILL NO. 99-�5 ORDINANCE NO. 1 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON LYNWOOD HILLS DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI , AS FOLLOWS: ARTICLE 1. Schedule C of Section 26-121 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by placing a stop sign in the City of Cape Girardeau, Missouri, at the following location: On Lynwood Hills Drive at Cape LaCroix Road - Southwest corner facing west. ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 19 . � A. M. Spradling, III, Mayor I ATTEST: Gayle L. Conrad Deputy City Clerk � I � � I CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 6� Agenda: February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Establish a Limited Parking Zone Mr. Frank Ellis, principal of the Alma Schrader School, contacted the Police Department, indicating a new school bus drive had been consttucted north of the existing school driveway. The new drive allows the buses to enter school property from Randol then earit on to Masters Drive.Mr.Ellis said vehicles park between the schooPs circle driveway and the ne�vv school bus driveway, making it difficult for the buses to t�un safely. Removing the two pazking spaces on Randol between these two drives will eliminate the traffic hazard. � It is recommended Schedule P of Chapter 26, Section 248 of the Code of Ordinances of the City of Cape Girardeau,lVfissouri,be amended to establish a limited parking area in the City of Cape Crirardeau,lViissouri,at the following location: Randol Avenue—No Parlring on Randol Avenue beginning at a point 38 feet north of the northeast cot�er of the intersection with Leroy Driv� and continuing northward along the east curb line for a distance of 90 fee� 7.•00 A.1�L to 4:00 P.M. The Police Department and City Engineer concur on the establishme,nt of this parking limitation. Respectfully S mitted , i I , , _ i ard L. Hetael � 'ef of Police � . /l ; . Miller ; � City Manager ; ALMA SCHRADER SCHOOL Frank Ellis 1360 Randol P�incipal 573)335-5310 Cape Girardeau, MO 63701 � Cape Girardeau Traffic Department Sergeant J. R Davis 40 South Sprigg Cape Girardeau,MO 63701 Dear Sergeant J.R Davis, I,the principal of Alma Schracier Elementary School request your expertise in a matter pertaining to the safety of the students at the school. Receatly,we have constructed a new bus drive on the northera end of the building to alleviate traffc congestion As a result of the bus drive,the busses will come to the drive off of Raadol and exit on Masters. I am requesting a yellow curb,and or a `�o parking anytime"sign betweea the car exit area and the bus drive entrance. The busses must have room to make the right hand tutn that is necessary to enter the drive. If cars are parked along that designated area,a bus that tries to make that turn will possibly damage vehicles that are parked . � along that area. I am asking you to please consider the safety of the community,aad order a painted yellow curb aad or a"no parldng anytime"sign in that designated area. Your prompt attention to this matter I will be deeply appreciated! I i Sincerely, ; i �� i Frank Ellis ; � BILL NO. ��-�6 ORDINANCE NO. � AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, ESTABLISHING LIMITED PARKING ON RANDOL AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI , BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Schedule P of Section 26-248 of the Code of Ordinances of the City of Cape Girardeau, Missouri, is hereby amended by establishing limited parking areas in the City of Cape Girardeau, Missouri, at the following locations: Randol Avenue - East Side, Beginning at a point 58 feet north of the northeast corner of the intersection with Leroy Drive, and continuing northward along the east curb line for a distance of 90 feet, and there terminating, 7 : 00 A.M. to 4 : 00 P.M. . ARTICLE 2 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 19 . � A. M. Spradling, III , Mayor ATTEST: I I Gayle L. Conrad Deputy City Clerk � i � CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter No. 6 8 Agenda February 16, 1999 The Honorable Mayor And Members of the City Council City of Cape Girardeau,lvlissouri � Dear Mayor and Council Members: RE: Ordinance Annexing Property from the Missouri State Highway and Transportation Commission for a 29.9 acre Tract Constituting a Portion of the State Route 74 Interchange with I-55 On December 30, 1998,the staff received an executed petition from the Missouri State H'ighway and Transportation Commission requesting annexation of a tract totaling 299 acres which constitutes the western portion of the State Route 74 interchange with I-55,adjoining the western City limits. Most of the interchange is currently within the City boundaries,as the present City limits were established along the west right-of-way line of Interstate 55. It is important that the City annex the remainder of the interchange in order to be able to provide full police,5re and extrication services to the entire interchange. Equally important is the � need to establish uniform traffic control and management on the entire interchan�e. The area just north of the proposed annextion is the Drury SW/Diocese of Spri.ngfield- Cape/City of Cape Girardeau tract that was annexed in Apri1, 1998. At its January 4`� 1999 meeting,the City Counc�l,by Resolution No. 1424,set Monday, January 19`�, 1999 as the date for the required public hearmg on the matter before the Council. The Council duly held the Public Hearing on January 19`�. There has been no written objection to the annexation received during the mandatory 14-day waiting period. 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 annexed 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 recommettding 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 annexation process. � Res Submitted, � I e .Bratton � ' Planner � _ _- i i , � G Miller � ,; Ctty i / ; 'r'� � .�� y�p,f. � V :�_ "O � _ �� �� � . � � ` oR � � \,, �a / � W �\ M�NO \ a� O�,�NER � o ROAD � � ` ` ` �R' ,o � <� ��,� \ a ��E�-� $ n�. `. �J' � � �` g�,0 0� \ �� � � MEA���RK UV. a � � o Ati/h�qR W�- Np. 74 y� 1 cnQ a � lN. W o \ +33 CAROINq� �Q � ��P'� \ � � \ � p ��G r v ` ��F } Z � �q'�'SFr Drury SW/Dioces�Springfield-Cape�� �o \��J�\ ���fi1 PiONEER OR. Annexed 4-20-98 � � � d4ee,� IfYDU � - S�'� � / �-� � � � / N � � BR�cy �o / � � a , � z � Q`�PO�.` �'� � — � �' i �P � I w 1 � / ST�EBR1flGE �b�L r DR• FR�N � � �� � F �1 � \ � / � � o �, `. Area Proposed to be Annexed �Q l�� �i f � � � ��Y �� / ` � � / J � I I � � � � I `—'� , � '� j � �- �O � , �' I � I � � �Q- I � � I � 1 N r (�' I � J' � ' N ` � • �� ,' �yc� �� � � �� / � i � ` �O , I '�� � i . � _� � � 9 i � r , � � . � BILL NO. 99-37 ORDINANCE NO. � AN ORDINANCE ANNEXING LAND TO THE CITY OF � CAPE GIR.ARDEAU, MISSOURI, UPON THE REQUEST OF THE MISSOURI STATE HIGHWAY AND TRANSPORTATION COMMISSION WHEREAS, the Missouri State Highway and Transportation Commission, has presented to the City Council of Cape Giraxdeau,Missouri,its Verified Petition requesting annexarion 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 Giraxdeau,Missouri;and WHEREAS, a public hearing was held on Januaty 19, 1999, after due notice was given according to Chapter 71.012 RSMo; and WHEREAS, at said public hearing all intexested persons were allowed to present evidence regarding the proposed annexarions;and WHEREAS, the City Council of Cape Girardeau has determined that the annexation is reasonable and necessaxy 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 propeYty proposed to be annexed is �Iy contiguous and compact and adjacent to the existing corpoxate limits of the City of Cape Girardeau, Missouri, and fizrthex, the land proposed to be annexed is in an unincorporated area. NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF i CAPE GIRARDEAU,MISSOURI,AS FOLLOWS: � � ARTICLE 1. That the corpoxate limits of the City of Cape Giraxdeau,Missouri, shall be � extended so as to annex the follo�ving described unincorporated area of land which is adjacent to i and contiguous and compact with the existing corporate limits of the City of Cape Girardeau,and i to extend the limits of the City over said territory as described hereinbelow, to-wit: i A certain ttact of land owned by the Missouri State Highway and Transportation i Commission, and more particularly described as follows: � A part of United States Private Survey No. 175 and a paxt of United States Private Survey I r Ran e 13 East of the Fifth Princi al Meridian Ci and I No. 174,Township 30 No th, g p , ry Counry of Cape Girardeau, State of Missouri being more particularly described as follows: Be � nin at the intersection of the West Ri ht of Wa Line of Interstate 55, Station 1267 + g� g g Y il 66.16, 180 feet right,and the North Right of Way Line of the Highway 74 Relocation, ,' Station 22 + 66.16, 180 feet left; thence along the former West Right of Way Line of Interstate 55 the following courses and distances, South 21° 17' S0" East, 1483.84 feet to a � � point; thence South 38° 11' S8" East, 189.17 to a point; thence South 21° 17' 50" East, �� 413.80 feet to a point; thence leaving the former West Right of Way Line of Interstate 55 � along the new West Right of Way Line of Interstate 55 the following courses and distances, South 68° 42' 10"West, 75.00 feet to a point;thence North 31° 33' 12" West, 168.49 feet to � a point,thence North 39° 43'S6" West, 183.41 feet to a point,thence North 55° 35'45" � West, 182.78 feet to a point,thence North 63° 53'37" West, 286.63 feet to a point,thence North 72° 55'05"West, 159.46 feet to a point,thence South 56° 54'O1" West, 68.45 feet to a point,thence North 64° 25'S2" West, 282.29 feet to a point,thence North 63° 42'S7" West, 345.42 feet to a point,thence North 40° 11'S3" West, 456.43 feet to a point on the North Right of Way Line of Highway 74;thence along the North Right of Way Line of Highway 74 the following courses and distances; North 50° 54'29" East, 270.05 feet to a point;thence North 46° 15'30" East, 100.50 feet to a point;thence North 38° O1'S2" West, 135.00 feet to a point;thence North 51° 58'08" East, 75.00 feet to a point;thence North 48° 13'06" East, 225.48 feet to a point;thence South 38° 01'S2" East, 119.75 feet to a point;thence North 51° 58'08" East, 566.16 feet to the point of beginning. Containing approximately 29.9 acres. ARTICLE 2. This ordinance shall take effect and be in force from and after ten days after its final passage and approval. ARTICLE 3. If any section,subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. � ARTICLE 4. 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 Clerk of Cape Girardeau County 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 Girardeau,Missouri,finds and determines 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 , 19 A.M. Spradling, III,Mayor ATTEST: Gayle L.Conrad � Deputy City Clerk � � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 69 ' Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Reaffirming the Action of the City Council Declaring it Necessary to Improve, Providing for the Improvement, Directing the City Manager to Enter into a Contract to Do the Work, and Providing the Manner of Payment for the Improvement of the Bloomfieid Road Phase II Project, Being A Part of the Transportation Trust Fund Program As a part of the Transportation Trust Fund Program, money has been designated for the improvement of Bloomfield Road from west of S. Kingshighway to Siemers Drive, not including the I-55 bridge, by widening to a proposed width of thirly-six (36) feet. Black and Veatch Engineers are nearing completion of the design work, plans and specifications for this � improvement and right-of-way acquisition is in process. At its January 19, 1999, session the City Council passed and approved Ordinance 2475 declaring it necessary to make these improvements. A public hearing was held on February 1, 1999. The next step in the process is for the City Council to adopt an ordinance reaffirming their action declaring it necessary to improve, providing for the improvement, direccting the City Manager to enter into a contract and providing for the manner of payment of the work. This ordinance will also establish the maximum cost to be assessed to the properly owner as $46.00 per front foot, pius any right-of-way or easements purchased, as outlined in the Transportation Trust Fund guidelines. If ali right-of-way and easements are donated, no tax bill will be assessed. Following this action, the City wili finalize plans and specifications and solicit bids on the contract. RespectF submitted, ;'' �. "Cr Q ,,�s' i ;' Ma A. L�ster, .E. I , Engineer I I I I Michaei G. Mil � � �ty Manager i MAL/MGM/dc i i � �� �o I �� .J ��vTIN pq � � � � LE�MQTON Q,O � w � 4 m � � � � � P�� � � � � � � � �,. . 9� �'' i .' .� �QADWAY � `� J ,1► � � �� , �^�vc� sT j �+�+ sr �, o,uc � � I i , i j i �, i i � PROJECT LOCATION ' I VI C I N ITY MAP � , 6LOOMFIELQ RO D A P HaSE II BILL NO. 9�-40 ORDINANCE NO. � AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF BLOOMFIELD ROAD FROM WEST OF KINGSHIGHWAY TO SIEMERS DRIVE, NOT INCLUDING I-55 BRIDGE, FOR A DISTANCE OF APPROXIMATELY 6500 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . That the City Council of the City of Cape Girardeau, Missouri, has by ordinance in writing duly adopted at a regular meeting of said Council held on January 19, 1999, found and declared it to be necessary to improve that part of Bloomfield Road from West of Kingshighway to Siemers Drive, not including I-55 Bridge, for a distance of approximately 6500 feet, by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement, seven (7) inches thick and thirty-six (36) feet in width between the back of upright curbs, with storm sewers and � other necessary appurtenances, all as shown on the plans and specifications for said improvement. Said ordinance further provided that the said work of the improvement should be done by contract as provided by law and ordinance and further provided that the cost of the proposed work shall be charged to the abutting property by the issuance of special tax bills. Any cost in excess of $46.00 per front foot, plus all land acquisition costs, shall be borne by the general revenue fund of the City and only $46. 00 per front foot, plus all land acquisition costs, shall be charged against the abutting property, all in accordance with Chapter 88, RSMo, and such ordinances as may be hereafter enacted to carry out said work. This $46. 00 per front foot amount, plus all land acquisition costs, is hereby established as the maximum assessment to be used for this improvement. ARTICLE 2. That the Council finds and declares that the ordinance has been published in the Southeast Missourian, a daily newspaper printed and published in the City of Cape Girardeau, Missouri, for seven (7) consecutive issues, and that a majority of the resident property owners of the lands that would be liable for the costs of the improvements at the date of the passage of the Ordinance, who own a majority of the front feet owned by residents of the City of Cape Girardeau abutting on the part of the street proposed to be improved, have not within ten (10) days after the date of the last publication of the Ordinance filed with the City � Clerk their protest against such improvements. ARTICLE 3. That the Council further finds that all ' requirements imposed by law and ordinance for the improvements have been complied with and that it thereby acquired authority to order the improvement and now hereby orders and directs that part of Bloomfield Road from West of Kingshighway to Siemers Drive, not � including I-55 Bridge, for a distance of approximately 6500 feet, in the City of Cape Girardeau, Missouri, be improved by constructing thereon a Portland Cement Concrete Pavement seven (7) inches thick and thirty-six (36) feet in width between the back of upright curbs, and storm sewers and other necessary appurtenances, all in accordance with the plans and specifications for the improvement previously adopted and on file in the Office of the City Clerk, which are hereby adopted for said improvement. ARTICLE 4. That the Prevailing Hourly Wage Rate is determined by the Department of Labor and Industrial Relations for the public works project in Missouri Annual Wage Rate No. 5, April 6, 1998. The City of Cape Girardeau is authorized to contract for this public works project with a contractor who will pay his workmen the prevailing hourly rate of wages for each type of workman as determined in Missouri Annual Wage Rate No. 5, April 6, 1998, who will agree to comply with all provisions of the Prevailing Wage Law, and who is not prohibited by the provisions of the Prevailing Wage Law from contracting with the City on a public works project. That prior to final payment to be made to the Contractor, the City of Cape Girardeau will require that the Contractor file an affidavit stating that the contractor and all his subcontractors have fully complied with the provisions and requirements of the Prevailing Wage Law. ARTICLE 5. The Council further orders and directs that the � work of improvement of that part of Bloomfield Road from West of Kingshighway to Siemers Drive, not including I-55 Bridge, for a distance of approximately 6500 feet, be done by contract, and that it be done so that it will in all respects comply with the said plans and specifications therefor, and that the cost thereof will not exceed the estimate of cost for said work prepared by the City Engineer and on file in the Office of the City Clerk and heretofore approved by the Council, except such items of work necessary to the proper construction of the improvements and unforeseen and not included in the estimate of cost, and said work of improvement shall be done in such manner as to comply with all applicable statutes and ordinances. The contract entered into shall not be in excess of the estimates of the whole cost of the improvement previously made by the City Engineer and above referred to. The Council further finds and declares that the condition of the general revenue fund of the City is such that the portion of the cost of the work in excess of $46. 00 per front foot plus all land acquisition costs shall ultimately be paid therefrom. ARTICLE 6. That the work to be done under this ordinance shall be done under the supervision of the City Engineer. The work to be done shall be done by contract let by the City of Cape Girardeau, Missouri, to the lowest and best bidder therefor within - 2 - �.,,,.I� the City Engineer's estimate of the costs, after advertisement for bids for said work to be done shall have been published by at least � seven (7) consecutive insertions in a daily newspaper in the City of Cape Girardeau, Missouri. The City reserves the right to reject any or all bids. ARTICLE 7. That the successful bidder for said work shall enter into a contract with the City of Cape Girardeau, Missouri, after the same is awarded and give bond with good and sufficient sureties for the faithful performance thereof in a sum at least equal to the contract price. ARTICLE 8. The contract shall provide that the payment to the Contractor shall be made from the general revenue fund of the City with monthly estimates to be paid to the contractor for work completed, less ten per cent (10%) retainage. Final payment is to be made within ten (10) days of final acceptance of the work by the City. When the work of improvement has been completed as herein provided and has further been approved by the City Engineer in a written report thereof, and when said report has been approved and adopted by the City Council, and the cost of the work shall initially have been paid for by the City, special tax bills in an amount not to exceed $46. 00 per front foot, plus all land acquisition costs, shall be issued in favor of the City of Cape Girardeau and against the lots, tracts and parcels of land fronting and abutting on said improvement along the distance mentioned, in � proportion to the number of front feet fronting or abutting on said portion of the street so improved and in accordance with the law, and which said special tax bills shall be delivered to the City of Cape Girardeau. Such special tax bills shall bear interest from sixty (60) days after their date at four and nine hundred thirteen one thousandths per cent (4 . 913%) per annum. ARTICLE 9. This ordinance shall take effect and be in force from and after ten days after its passaqe and approval. PASSED AND APPROVED THIS DAY OF , 19 i � � A. M. Spradling, III , Mayor i ATTEST: � Gayle L. Conrad I Deputy City Clerk i � - 3 - � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 70 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Reaffirming the Action of the Ciry Councii Declaring it Necessary to Improve, Providing for the Improvement, Directing the City Manager to Enter into a Contract to Do the Work, and Providing the Manner of Payment for the Improvement of the Bloomfieid Road Phase I Project, Being A Part of the Transportation Trust Fund Program As a part of the Transportation Trust Fund Program, money has been designated for the improvement of Bloomfield Road from Christine Street to Spring Street by widening from the existing pavement width to a proposed width of thirty-four (34) feet. Plans and specifications � for this improvement are being prepared in-house by the Engineering Division and are nearing completion. At its 7anuary 19, 1999, session the City Council passed and approved Ordinance � 2476 declaring it necessary to make these improvements. A public hearing was held on February 1, 1999. The next step in the process is for the City Council to adopt an ordinance reaffirming their acdon declaring it necessary to improve, providing for the improvement, directing the City Manager to enter into a contract and providing for the manner of payment of the work. This ordinance wiil also establish the maximum cost to be assessed to the property owner as $46.00 per front foot, plus any right-of-way or easements purchased, as ou�ined in the Transportation Trust Fund guidelines. If all right-of-way and easements are donated, no tax bill wiil be assessed. Foilowing this action, the City wiil finalize plans and specifications and solicit bids on the contract. espectf ly submitted, � , �� . M A. Lester, P.E. ty En r i Michael G. Milier � �ty Manager MAL/MGM/dc � Q � O W ` � � Z � � � o W W � � Z l� Q � � _ � Z O � � � _ _ O = � m NVOILI3HS � '3h �NR1dS � 06 � �� oa N � 3 H � � o J W ~ Z Ou� H � O w � , �d �� w a o -� x O� � n, .� d CR� �, CR01X V pN GPPE .IViMH`JIHS`JNlH I 0 W � W U Q I � I YACNETlC BILL NO. ��-41 ORDINANCE NO. � AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF BLOOMFIELD ROAD FROM CHRISTINE STREET TO SPRING STREET, FOR A DISTANCE OF APPROXIMATELY 950 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . That the City Council of the City of Cape Girardeau, Missouri, has by ordinance in writing duly adopted at a regular meeting of said Council held on January 19, 1999, found and declared it to be necessary to improve that part of Bloomfield Road from Christine Street to Spring Street, for a distance of approximately 950 feet, in the City of Cape Girardeau, Missouri, by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement seven (7) inches thick and thirty-four (34) feet in width between the back of upright curbs, and storm sewers and other necessary appurtenances, all as shown on � the plans and specifications for said improvement. Said ordinance further provided that the said work of the improvement should be done by contract as provided by law and ordinance and further provided that the cost of the proposed work shall be charged to the abutting property by the issuance of special tax bills. Any cost in excess of $46. 00 per front foot, plus all land acquisition I costs, shall be borne by the general revenue fund of the City and � only $46.00 per front foot, plus all land acquisition costs, shall be charged against the abutting property, all in accordance with Chapter 88 , RSMo, and such ordinances as may be hereafter enacted to carry out said work. This $46. 00 per front foot amount, plus I all land acquisition costs, is hereby established as the maximum assessment to be used for this improvement. ARTICLE 2. That the Council finds and declares that the I ordinance has been published in the Southeast Missourian, a daily newspaper printed and published in the City of Cape Girardeau, Missouri for seven 7 consecutive issues, and that a ma�ority of � � ) the resident property owners of the lands that would be liable for the costs of the improvements at the date of the passage of the I Ordinance who own a ma 'orit of the front feet owned by residents , J Y I of the City of Cape Girardeau abutting on the part of the street j proposed to be improved, have not within ten (10) days after the j date of the last publication of the Ordinance filed with the City j Clerk their protest against such improvements. i � ARTICLE 3. That the Council further finds that all requirements imposed by law and ordinance for the improvements have bee com lied with and that it thereb ac uired authority to order n Y q I P the improvement and now hereby orders and directs that part of Bloomfield Road from Christine Street to Spring Street, for a distance of approximately 950 feet, be improved by constructing � thereon a Portland Cement Concrete Pavement seven (7) inches thick and thirty-four (34) feet in width between the back of upright curbs, and storm sewers and other necessary appurtenances, all in accordance with the plans and specifications for the improvement previously adopted and on file in the Office of the City Clerk, which are hereby adopted for said improvement. A RTICLE 4. That the Prevailing Hourly Wage Rate is determined by the Department of Labor and Industrial Relations for the public works project in Missouri Annual Wage Rate No. 5, April 6, 1998. The City of Cape Girardeau is authorized to contract for this public works project with a contractor who will pay his workmen the prevailing hourly rate of wages for each type of workman as determined in Missouri Annual Wage Rate No. 5, April 6, 1998, who will agree to comply with all provisions of the Prevailing Wage Law, and who is not prohibited by the provisions of the Prevailing Wage Law from contracting with the City on a public works project. That prior to final payment to be made to the Contractor, the City of Cape Girardeau will require that the Contractor file an affidavit stating that the contractor and all his subcontractors have fully complied with the provisions and requirements of the Prevailing Wage Law. ARTICLE 5. The Council further orders and directs that the work of improvement of that part of Bloomfield Road from Christine Street to Spring Street, for a distance of approximately 950 feet, � be done by contract, and that it be done so that it will in all respects comply with the said plans and specifications therefor, and that the cost thereof will not exceed the estimate of cost for said work prepared by the City Engineer and on file in the Office of the City Clerk and heretofore approved by the Council, except such items of work necessary to the proper construction of the improvements and unforeseen and not included in the estimate of cost, and said work of improvement shall be done in such manner as to comply with all applicable statutes and ordinances. The contract entered into shall not be in excess of the estimates of the whole cost of the improvement previously made by the City Engineer and above referred to. The Council further finds and declares that the condition of the general revenue fund of the City is such that the portion of the cost of the work in excess of $46. 00 per front foot plus all land acquisition costs shall ultimately be paid therefrom. ARTICLE 6. That the work to be done under this ordinance shall be done under the supervision of the City Engineer. The work to be done shall be done by contract let by the City of Cape Girardeau, Missouri, to the lowest and best bidder therefor within the City Engineer's estimate of the costs, after advertisement for bids for said work to be done shall have been published by at least - 2 - � seven (7) consecutive insertions in a daily newspaper in the City of Cape Girardeau, Missouri. The City reserves the right to reject r'� any or all bids. � � ARTICLE 7. That the successful bidder for said work shall enter into a contract with the City of Cape Girardeau, Missouri, after the same is awarded and give bond with good and sufficient sureties for the faithful performance thereof in a sum at least equal to the contract price. ARTICLE 8. The contract shall provide that the payment to the Contractor shall be made from the general revenue fund of the City with monthly estimates to be paid to the contractor for work completed, less ten per cent (10%) retainage. Final payment is to be made within ten (10) days of final acceptance of the work by the City. When the work of improvement has been completed as herein provided and has further been approved by the City Engineer in a written report thereof, and when said report has been approved and adopted by the City Council, and the cost of the work shall initially have been paid for by the City, special tax bills in an amount not to exceed $46 . 00 per front foot, plus all land acquisition costs, shall be issued in favor of the City of Cape Girardeau and against the lots, tracts and parcels of land fronting and abutting on said improvement along the distance mentioned, in proportion to the number of front feet fronting or abutting on said portion of the street so improved and in accordance with the law, � and which said special tax bills shall be delivered to the City of Cape Girardeau. 5uch special tax bills shall bear interest from sixty (60) days after their date at four and nine hundred thirteen one thousandths per cent (4 . 913%) per annum. ARTICLE 9. This ordinance shall take effect and be in force from and after ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 19 . A. M. Spradling, III , Mayor ATTEST: I Gayle L. Conrad I Deputy City Clerk � � - 3 - � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. �1 Agenda February 16, 1999 The Honorable Mayor i,, and I Members of the City Council �, City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance Reaffirming the Action of the City Council Declaring it Necessary to Improve, Providing for the Improvement, Directing the City Manager to Enter into a Contract to Do the Work, and Providing the Manner of Payment for the Improvement of the Hopper Road Phase I Project, Being A Part of the Transportation Trust Fund Program �� As a part of the Transportation Trust Fund Program, money has been designated for the improvement of Hopper Road from Mt. Aubum Road to Kage Road with 7"thick P.C.C., thirly-six (36� feet in width, including storm sewers and other necessary appurtenances. Bowen � Engineering is progressing with the design work and preparation of plans and specifications for this improvement, and at its January 19, 1999, session the City Council passed and approved Ordinance 2477 declaring it necessary to make these improvements. A public hearing was held on February 1, 1999. The next step in the process is for the City Council to adopt an ordinance reaffirming their acdon declaring it necessary to improve, providing for the improvement, directing the City Manager to enter into a contract and providing for the manner of payment of the work. This ordinance will also establish the maximum cost to be assessed to the property owner as $25.00 per front foot, as outlined in the Transportation Trust Fund guidelines. Following this action, the City will finalize plans and specifications and solicit bids on the contract. RespectFully submitted, � /?�° Ma . Lester, P.E. % � C' Engineer � , , Michael G. Milier � �ty Manager MAL/MGM/dc � r���/ )fl' ' I � \ �� \� " ..r�k�-�.. J 1 ' _...� J _ � un � ` . � . ��l` '� (, � - : �' ' ' � r `- ' ' '\� - ���� � ,Park �• 1� �� ( )�_ �, �Mem�ial . .. �• � 4 i � � � ��I �'%�'-� � -��� ^ ��� � `� \ NOPPER Ro�1D i",,\ . � ��� ( ��� . � � �- U����=)� . � �:\� /l(_ �,• � , .�; , .�- ����\� _��T.. � /, ��; �� � �� � P�-4.#�S_E_ _ � .... !��r7�-�'s�,���' •,J (`�.� ��' .� ` -. - - -- ' 'i �` ` �� � , � �.,` `. �� ,•.�, . 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J M 0, , , ,c7,;, t _ .; ; (' ( 4� 'm � ;r;• �..t ,. ;_ h'��• �: �;�, lr� l .�.�;')) �;. ,,1�cJ;- . - , . ' e ;.: � . � BILL NO. 99-42 ORDINANCE NO. � AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF HOPPER ROAD FROM MT. AUBURN ROAD TO KAGE ROAD, FOR A DISTANCE OF APPROXIMATELY 3528 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1 . That the City Council of the City of Cape Girardeau, Missouri, has by ordinance in writing duly adopted at a regular meeting of said Council held on January 19, 1999, found and declared it to be necessary to improve that part of Hopper Road from Mt. Auburn Road to Kage Road, for a distance of approximately 3528 feet, by grading to the established grade and constructing thereon a Portland Cement Concrete Pavement seven (7) inches thick and thirty-six (36) feet in width between the back of upright curbs, and storm sewers and other necessary appurtenances, all as shown on the plans and specifications for said improvement. Said � ordinance further provided that the said work of the improvement . should be done by contract as provided by law and ordinance and further provided that the cost of the proposed work shall be charged to the abutting property by the issuance of special tax bills. Any cost in excess of $25.00 per front foot, shall be borne by the general revenue fund of the City and only $25. 00 per front foot, shall be charged against the abutting property, all in accordance with Chapter 88, RSMo, and such ordinances as may be hereafter enacted to carry out said work. This $25. 00 per front foot amount, is hereby established as the maximum assessment to be used for this improvement. ARTICLE 2. That the Council finds and declares that the i ordinance has been published in the Southeast Missourian, a daily newspaper printed and published in the City of Cape Girardeau, Missouri, for seven (7) consecutive issues, and that a majority of the resident property owners of the lands that would be liable for the costs of the improvements at the date of the passage of the Ordinance, who own a majority of the front feet owned by residents � of the City of Cape Girardeau abutting on the part of the street i proposed to be improved, have not within ten (10) days after the j date of the last publication of the Ordinance filed with the City j Clerk their protest against such improvements. I ARTICLE 3. That the Council further finds that all j � requirements imposed by law and ordinance for the improvements have I been complied with and that it thereby acquired authority to order i the improvement and now hereby orders and directs that part of Hopper Road from Mt. Auburn Road to Kage Road, for a distance of approximately 3528 feet, be improved by constructing thereon a Portland Cement Concrete Pavement seven (7) inches thick and thirty-six (36) feet in width between the back of upright curbs, and storm sewers and other necessary appurtenances, all in � accordance with the plans and specifications for the improvement previously adopted and on file in the Office of the City Clerk, which are hereby adopted for said improvement. A RTICLE 4. That the Prevailing Hourly Wage Rate is determined by the Department of Labor and Industrial Relations for the public works project in Missouri Annual Wage Rate No. 5, April 6, 1998 . The City of Cape Girardeau is authorized to contract for this public works project with a contractor who will pay his workmen the prevailing hourly rate of wages for each type of workman as determined in Missouri Annual Wage Rate No. 5, April 6, 1998, who will agree to comply with all provisions of the Prevailing Wage Law, and who is not prohibited by the provisions of the Prevailing Wage Law from contracting with the City on a public works project. That prior to final payment to be made to the Contractor, the City of Cape Girardeau will require that the Contractor file an affidavit stating that the contractor and all his subcontractors have fully complied with the provisions and requirements of the Prevailing Wage Law. ARTICLE 5. The Council further orders and directs that the work of improvement of that part of Hopper Road from Mt. Auburn Road to Kage Road, for a distance of approximately 3528 feet, be done by contract, and that it be done so that it will in all � respects comply with the said plans and specifications therefor, and that the cost thereof will not exceed the estimate of cost for said work prepared by the City Engineer and on file in the Office of the City Clerk and heretofore approved by the Council, except such items of work necessary to the proper construction of the improvements and unforeseen and not included in the estimate of cost, and said work of improvement shall be done in such manner as to comply with all applicable statutes and ordinances. The contract entered into shall not be in excess of the estimates of the whole cost of the improvement previously made by the City Engineer and above referred to. The Council further finds and declares that the condition of the general revenue fund of the City is such that the portion of the cost of the work in excess of $25. 00 per front foot shall ultimately be paid therefrom. A RTICLE 6. That the work to be done under this ordinance shall be done under the supervision of the City Engineer. The work to be done shall be done by contract let by the City of Cape Girardeau, Missouri , to the lowest and best bidder therefor within the City Engineer 's estimate of the costs, after advertisement for bids for said work to be done shall have been published by at least seven (7) consecutive insertions in a daily newspaper in the City of Cape Girardeau, Missouri. The City reserves the right to reject any or all bids. - 2 - `,� � ARTICLE 7. That the successful bidder for said work shall enter into a contract with the City of Cape Girardeau, Missouri, � after the same is awarded and give bond with good and sufficient sureties for the faithful performance thereof in a sum at least equal to the contract price. A RTICLE 8. The contract shall provide that the payment to the Contractor shall be made from the general revenue fund of the City with monthly estimates to be paid to the contractor for work completed, less ten per cent (10%) retainage. Final payment is to be made within ten (10) days of final acceptance of the work by the City. When the work of improvement has been completed as herein provided and has further been approved by the City Engineer in a written report thereof, and when said report has been approved and adopted by the City Council, and the cost of the work shall initially have been paid for by the City, special tax bills in an amount not to exceed $25. 00 per front foot, shall be issued in favor of the City of Cape Girardeau and against the lots, tracts and parcels of land fronting and abutting on said improvement along the distance mentioned, in proportion to the number of front feet fronting or abutting on said portion of the street so improved and in accordance with the law, and which said special tax bills shall be delivered to the City of Cape Girardeau. Such special tax bills shall bear interest from sixty (60) days after their date at four and nine hundred thirteen one thousandths per cent (4 . 913%) per � annum. ARTICLE 9. This ordinance shall take effect and be in force from and after ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 19 . A. M. Spradling, III , Mayor � ATTEST: Gayle L. Conrad � Deputy City Clerk � I - 3 - i � CITY OF CAPE GIRARDEAU, MISSOURI Office of the City Manager Council Letter No. 7 2 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council �ty of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Ordinance ReafFrming the Action of the City Council Declaring it Necessary to Improve, Providing for the Improvement, Directing the City Manager to Enter into a Contract to Do the Work, and Providing the Manner of Payment for the . Improvement of the Hopper Road Phase IIB Project, Being A Part of the Transportation Trust Fund Program As a part of the Transportation Trust Fund Program, money has been designated for the improveme�t of Hopper Road from Oak Ridge Court to Interstate 55 by widening to a proposed width of 36 feet, including associated stormwork. Bowen Engineering is progressing with the design work and preparation of plans and specifications for this improvement, and at its January � 19, 1999, session the City Council passed and approved Ordinance 2478 declaring it necessary to make these improvements. A public hearing was held on February 1, 1999. The next step in the process is for the City Council to adopt an ordinance reaffirming their action dedaring it necessary to improve, providi�g for the improvement, directing the Gty Manager to enter into a contract and providing for the manner of payment of the work. This ordinance will also establish the maximum cost to be assessed to the properly owner as $35.00 per front foot, plus any right-of-way or easements purchased as outiined in the Transportation Trust Fund guidelines. If alt right-of-way and easements are donated, no tax biH will be assessed. Following this action, the City will finalize pians and specifications and solicit bids on the contract. , Respectfully submitted, .�' /`!G � r Mar . Lester, P.E. Ci Engineer _ I � Michael G. Miller � City Manager , - � \ ' < I � � , � . � I � � � � /„ i ' � ' / -- � � ; ' 1--- � - � - - 1 -- - 9 _ ------ --- - -� R i -1 \ - -- - --- • I __ �. a _____ _ _ � , _ __ � - ; �i- � o�" - - � � P 1' CT fl�iEA uqs �B - i � OAK R 6 �."fbT� _ -- _ �. I �i BILL NO. 99-43 ORDINANCE NO. F � AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMENT OF THE WORK, OF HOPPER ROAD FROM OAK RIDGE COURT TO I-55, FOR A DISTANCE OF APPROXIMATELY 1700 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE � . That the City Council of the City of Cape Girardeau, Missouri, has by ordinance in writing duly adopted at a regular meeting of said Council held on January 19, 1999, found and declared it to be necessary to improve that part of Hopper Road from Oak Ridge Court to I-55, for a distance of approximately 1700 feet, by grading to the established grade and constructing thereon � a Portland Cement Concrete Pavement seven (7) inches thick and thirty-six (36) feet in width between the back of upright curbs, and storm sewers and other necessary appurtenances, all as shown on � the plans and specifications for said improvement. Said ordinance further provided that the said work of the improvement should be done by contract as provided by law and ordinance and further provided that the cost of the proposed work shall be charged to the abutting property by the issuance of special tax bills. Any cost in excess of $35. 00 per front foot, plus all land acquisition costs, shall be borne by the general revenue fund of the City and only $35. 00 per front foot, plus all land acquisition costs, shall be charged against the abutting property, all in accordance with Chapter 88, RSMo, and such ordinances as may be hereafter enacted to carry out said work. This $35. 00 per front foot amount, plus I all land acquisition costs, is hereby established as the maximum assessment to be used for this improvement. I ARTICLE 2. That the Council finds and declares that the ordinance has been published in the Southeast Missourian, a daily newspaper printed and published in the City of Cape Girardeau, i Missouri, for seven (7) consecutive issues, and that a majority of the resident property owners of the lands that would be liable for i the costs of the improvements at the date of the passaqe of the � Ordinance, who own a majority of the front feet owned by residents I of the City of Cape Girardeau abutting on the part of the street j proposed to be improved, have not within ten (10) days after the � date of the last publication of the Ordinance filed with the City i Clerk their protest against such improvements. � � ARTICLE 3. That the Council further finds that all � requirements imposed by law and ordinance for the improvements have i been complied with and that it thereby acquired authority to order the improvement and now hereby orders and directs that part of Hopper Road from Oak Ridge Court to I-55, for a distance of approximately 1700 feet, be improved by constructing thereon a � Portland Cement Concrete Pavement seven (7) inches thick and thirty-six (36) feet in width between the back of upright curbs, and storm sewers and other necessary appurtenances, all in accordance with the plans and specifications for the improvement previously adopted and on file in the Office of the City Clerk, which are hereby adopted for said improvement. A RTICLE 4. That the Prevailing Hourly Wage Rate is determined by the Department of Labor and Industrial Relations for the public works project in Missouri Annual Wage Rate No. 5, April 6, 1998. The City of Cape Girardeau is authorized to contract for this public works project with a contractor who will pay his workmen the prevailing hourly rate of wages for each type of workman as determined in Missouri Annual Wage Rate No. 5, April 6, 1998, who will agree to comply with all provisions of the Prevailing Wage Law, and who is not prohibited by the provisions of the Prevailing Wage Law from contracting with the City on a public works project. That prior to final payment to be made to the Contractor, the City of Cape Girardeau will require that the Contractor file an affidavit stating that the contractor and all his subcontractors have fully complied with the provisions and requirements of the Prevailing Wage Law. ARTICLE 5. The Council further orders and directs that the � work of improvement of that part of Hopper Road from Oak Ridge Court to I-55, for a distance of approximately 1700 feet, be done by contract, and that it be done so that it will in all respects comply with the said plans and specifications therefor, and that the cost thereof will not exceed the estimate of cost for said work prepared by the City Engineer and on file in the Office of the City Clerk and heretofore approved by the Council, except such items of work necessary to the proper construction of the improvements and unforeseen and not included in the estimate of cost, and said work of improvement shall be done in such manner as to comply with all applicable statutes and ordinances. The contract entered into shall not be in excess of the estimates of the whole cost of the improvement previously made by the City Engineer and above referred to. The Council further finds and declares that the condition of the general revenue fund of the City is such that the portion of the cost of the work in excess of $35 . 00 per front foot plus all land acquisition costs shall ultimately be paid therefrom. ARTICLE 6. That the work to be done under this ordinance shall be done under the supervision of the City Engineer. The work to be done shall be done by contract let by the City of Cape Girardeau, Missouri, to the lowest and best bidder therefor within the City Engineer's estimate of the costs, after advertisement for bids for said work to be done shall have been published by at least - 2 - � seven (7) consecutive insertions in a daily newspaper in the City � of Cape Girardeau, Missouri. The City reserves the right to reject any or all bids. ARTICLE 7. That the successful bidder for said work shall enter into a contract with the City of Cape Girardeau, Missouri, after the same is awarded and give bond with good and sufficient sureties for the faithful performance thereof in a sum at least equal to the contract price. ARTICLE 8. The contract shall provide that the payment to the Contractor shall be made from the general revenue fund of the City with monthly estimates to be paid to the contractor for work completed, less ten per cent (10%) retainage. Final payment is to be made within ten (10) days of final acceptance of the work by the City. When the work of improvement has been completed as herein provided and has further been approved by the City Engineer in a written report thereof, and when said report has been approved and adopted by the City Council, and the cost of the work shall initially have been paid for by the City, special tax bills in an amount not to exceed $35. 00 per front foot, plus all land acquisition costs, shall be issued in favor of the City of Cape Girardeau and against the lots, tracts and parcels of land fronting and abutting on said improvement along the distance mentioned, in proportion to the number of front feet fronting or abutting on said portion of the street so improved and in accordance with the law, � and which said special tax bills shall be delivered to the City of Cape Girardeau. Such special tax bills shall bear interest from sixty (60) days after their date at four and nine hundred thirteen one thousandths per cent (4 .913%) per annum. ARTICLE 9. This ordinance shall take effect and be in force from and after ten days after its passage and approval. PASSED AND APPROVED THIS DAY OF , 19 A. M. Spradling, III , Mayor ATTEST: I Gayle L. Conrad � Deputy City Clerk I I I � I - 3 - I _._.�._ _ . .. _.,-,�;,n _ � _ _ _ ,,_. _ , �:,�� ., � .,._ ,. . _ :� _ CITY OF CAPE GIRARDEAU,MISSOURI � Office of the City Manager Council Letter No. 7 8 Agenda February 16, 1999 The Honorable Mayor And Members of the City Council City of Cape Girardeau,I�ssouri Dear Mayor and Council Members: RE: Center Junction I.aue Realignment Project The staff is presenting for the Council's consideration three items that,if approved,will put into place the mechanism for constructing the Center Junction Lane Realignment Project within the next year or two and probably at least five years in advance of the State constructing the project under their five year program. As proposed,Cape Girardeau,Jackson aad Cape Girardeau County would form a Transportation Corporation which would issue bonds to construct the praject and pay interest on the bonds for five years. At the end of the project period,MoDOT will pay off the bonds and assume"ownerslup." The central item for consideration is the inter-governmental i cooperation agreement between Cape Girardeau,Jackson and Cape Girardeau County that will provide for creation of the Transportation Corporation. A related item is the project agreement � between the two cities,the County and Midamerica Hotels Corporation. This agreement sets out the conditions under wluch Midamerica,the"developer",will implement the private projects that w71 support the program. Accordingly,attached for y�ur consideration is an ordinance which,if adopted,w�l authorize the CityManager to execute these agreements and the full application for the realignment project. All three of these items will need to be submitted to the Missouri Department of Transportation(MoDO'1�on or before March 1, 1999,in oreiex to meet their deadline. The required pre-application for the project was submitted on that.deadline,February 5�'. The pre- application did not carry arry commitments on the project. As a result of the very real need to improve traffic safety for the public at large,and citizens of the two cities and the County as soon as practical,and the need to meet the application deadline, the staff is requesting emexgency reading of the ordinance. For these reasons,the attached ordinance has been prepared in emergency form As always,the staff is ready to discuss this project i and these documents as the Council desires. � i Respe Submitted, � ._... �%�/�1�'�s+�U.wj � I �� e M.Bratton i C'i Planner i !' �= �__. i � �I'te,hael .I�ll ' City Manager ,� � ` _ - \ � ,, i �� . • - . � ` \ � � � .� � . - \ ..• � - - . �, A�r► . ` ♦ , _'� � � ��, ' i j � ' � � ����� �i�i�i_�� � � `. �'� ■� :� ■ �_ � � � � � s � � r � , �, . l� /�. ., , ,, , � . \�� . : ��,,. �, . �. L�; • �I � �,, �� . . ,� �•� . ( _ - � � ', � � ' � ��' ' \`♦ � ,� I!r■■■���� , , � ��� ��� �� /� \ , • � '�� � � � • � � �� , . � � '� � _� � ' ���� �► ' . _ �. �� ;� ���� , t�.'�� , : ,1������� � ' � �� �� '• ��J� ��.��+� � • • • — , � � 1 ,� � \ . �-,� � \ . • . - � � \ �►�,� , t� -.- . -._. � � r��\ �' � , � �,• � � _ _ \ � • � �; .�.�. 1 - .. . ��� :EI�=:j: �� \ . . � 'I�i�r_ v_ �. - -...: � �Ii■ ..�... • e'. ::::�:�������.i:( ��, �'�� .. ....�.,1..t_.t.■ � � i ni �L�wum�uU1111111� �� / � I - `, . �' \ `�; .� / ( � � , �������� �� �'NIII�� \\ ,.� _ :..-..- ,. .. .�.,, _ � ' � � L����■'��� � ., � � �; ..0■ �� �� . � �, .� C::rN��al ` � ' ♦ � .� ��' �- � ,\ ' � �������► � - ......... , , - .......... � „ '�1 , '���+�■� � ', �,/l• , ,=, `� ;;��\T=�T� �•��' ''��,� ' . � ���I���1� �-t��.wll�t'V �'� ��—���I��� /� ■ I _�1���■I���� � „ • ,, . _,;-��.� Ob�,, �-� �.-�.� —- � � � �i���7����\'.�` ��� �������• ■ • ► i ��•.i��u�/�11���` �•,�/�� . :,...,..,,.-:5�•■...,:. . .. . .. ... .. :�:��������.• . � ` :��uwTn ��1��. � :� •�■n��n����� -��������.1ii � �' 'i�-'��i���� '\_�j��l/1,,�� I � � ���.•,':..,' , ,\� ��7�7�n � -'/���r^�� �- � �� ` : n r•���` •. � � rr � ;j�I1��r� I/ � `� �►�ii�� , �� �` � ■ ���I�.�j , ��� ,,``t, � ■'�����e �� �j���'�'% ■ •.■..-�-�■NI�MI��� � ;I////�����I��� �N �1//�I�► ��r� �i.i•�I's� .� 1/ � _ �� . �I � BILL NO. 99-47 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN THE COUNTY OF CAPE GIRARDEAU AND CITIES OF JACKSON AND CAPE GIRARDEAU, MISSOURI FOR THE PURPOSE OF FORMING A TRANSPORTATION CORPORATION TO FACILITATE THE ACCELERATION OF DESIGN, ENGINEERING AND CONSTRUCTION OF HIGHWAY IMPROVEMENTS ALONG THE I-55 JACKSON/CAPE GIRARDEAU CORRIDOR; AND TAKE CERTAIN ACTIONS RELATED THERETO. WHEREAS, the Ciry of Cape Girardeau, Missouri (the "City") has the responsibility to provide for the general health, safety and welfare of citizens within its jurisdiction and that the provision of safe and effective transportation systems and highways is part of that responsibility. WHEREAS, the City recognizes that a delay in correcting or improving the highway system imperils the property and persons of the City, the City desires to protect existing property and persons and enhance the economic viability of the region for the overall betterment of the City by undertaking certain obligations with the County of Cape Girardeau(the "County")and the City of Jackson consistent with its legal obligations under state and federal law; and WHEREAS, the City and the other political subdivisions desire to cooperate and to take the reasonable steps necessary to facilitate the prompt design, engineering, construction and � completion of certain highway improvements; and WHEREAS, Midamerica Hotels Corporation has executed an Intergovernmental Cooperation Agreement titled Center Junction Project Agreement providing funding for the Center Junction Project; and WHEREAS, the City and the other political subdivisions desire to form a transportation corporation to finance, through the issuance of revenue bonds, certain of the costs and other obligations to be incurred by the Missouri Highway and Transportation Commission in connection � with the highway improvements on the terms and conditions in an Intergovernmental Cooperation Agreement in substantially the form set forth in Elchibit A, attached hereto, and in accordance with and pursuant to the provisions of Article VI, § 16 of the Missouri Constitution and Sections 70.210 through 70.325 of the Revised Statutes of Missouri, as amended. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI AS FOLLOWS: � Section 1. The City Council hereby authorizes and directs the City Manager to execute I the Intergovernmental Cooperation Agreement between the City and the County and the City of i Jackson in substantially the form as set forth in Exhibit A, attached hereto and incorporated herein by reference. I ' 1 � Section 2. The City Council hereby authorizes and directs the City Manager to execute the Center Junction Project Agreement between Midamerica Hotels Corporation, the City and the County and the City of Jackson in substantially the form as set forth in Exhibit B, attached hereto and incorporated herein by reference. Section 3. The City Council hereby authorizes and directs the City Manager to execute the application to be submitted to the Missouri Department of Transportation and/or the Missouri Highways and Transportation Commission and to take such further action and execute such documents, certifications, agreements, and instruments as may be necessary to carry out and comply with the intent of this Ordinance. Section 4. The City shall, and the officials, agents and employees of the city are hereby authorized and directed to take such further action, and execute such documents, certifications, and instruments as may be necessary to carry out and comply with the intent of this Ordinance. Section 5. This Ordinance shall constitute an emergency measure within the meaning of Section 3.15(a) of the City Charter in that it is a bill concerning the immediate preservation of public peace, property, health, safety or morals. Specifically, the highway project contemplated will alleviate present traffic hazards. Further, the application deadline for MoDOT approval of this Project is March 1, 1999. Section 6. This Ordinance shall be in full force and effect from and after its passage and � approval. PASSED AND APPROVED THIS DAY OF , 1999. Mayor ATTEST: I Deputy City Clerk � I 2 i � I-55 JACKSON/CAPE GIRARDEAU CORRIDOR PROJECTS AGREEMENT � County of Cape Girardeau, Missouri � City of Jackson, Missouri �� City of Cape Girardeau, Missouri ; � Table of Contents P� � RECITALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 ARTICLE I - Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.01. Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Section 1.02. General Rules of Construction. . . . . . . . . . . . . . . . . . . . . . . . . . 3 ARTICLE II - Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.01. Transportation Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Section 2.02. MoDOT and Commission Approvals. . . . . . . . . . . . . . . . . . . . . . 4 Section 2.03. MoDOT Intergovernmental Cooperation Agreement. . . . . . . . . . . 4 Section 2.04. Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 2.05. Advance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 2.06. Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 ARTICLE III - Creation of the Transportation Corporation . . . . . . . . . . . . . . . . . . . . . 4 Section 3.01. Transportation Corporation. . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Section 3.02. Powers and Duties of the Corporation. . . . . . . . . . . . . . . . . . . . 4 Section 3.03. Organization of the Corporation. . . . . . . . . . . . . . . . . . . . . . . . 5 Section 3.04. Powers and Duties of the Board of Directors. . . . . . . . . . . . . . . . 5 Section 3.05. Executive Director. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 � Section 3.06. Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 ARTICLE IV - Financing of the Corporation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 4.01. Payments from Member Entities. . . . . . . . . . . . . . . . . . . . . . . . . 6 Section 4.02. Reimbursement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 4.03 Limitation of Liability. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 ARTICLE V - Projects . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 5.01. Center Junction Project. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Section 5.02. Additional I-55 Corridor Projects. . . . . . . . . . . . . . . . . . . . . . . 9 Section 5.03. Agreement to Govern. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE VI - Additional Agreements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 6.01. Further pocuments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 6.02. Withdrawal of Membership. . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 6.03. Dissolution of the Corporation. . . . . . . . . . . . . . . . . . . . . . . . . 9 ARTICLE VII - Representations, Warranties and Covenants of Member Entities . . . . . . . . 9 Section 7.01. Organization, Authorization and Validity. . . . . . . . . . . . . . . . . . 9 Section 7.02. Authority. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Section 7.03. Non-Contravention. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 � i � Table of Contents Pa�e Section 7.04. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 ARTICLE VIII - Defaults and Remedies . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8.01. Default by Member Entities. . . . . . . . . . . . . . . . . . . . . . . . . . 10 Section 8.02. Remedies of District or Authority. . . . . . . . . . . . . . . . . . . . . . 10 Section 8.03. Remedies Not Exclusive. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 ARTICLE IX - Miscellaneous . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9.01. Severability of Invalid Provisions. . . . . . . . . . . . . . . . . . . . . . 11 Section 9.02. Execution of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9.03. Governing Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9.04. Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9.05. Effective Date of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9.06. Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9.07. No T'hird Party Beneficiaries. . . . . . . . . . . . . . . . . . . . . . . . . 11 Section 9.08. Conditions to Performance. . . . . . . . . . . . . . . . . . . . . . . . . . 11 � � ii I-55 JACKSON/CAPE GIRARDEAU CORRIDOR PROJECTS AGREEMENT � ) �.,J THIS I-55 JACKSON/CAPE GIRARDEAU CORRIDOR PROJECTS AGREEMENT (the "Agreement") is made this day of , 1999, by and among the County of Cape Girardeau and the Cities of Jackson and Cape Girardeau, Missouri, each of which is a political subdivision of the State of Missouri. RECITALS WHEREAS, accelerated completion of improvements to the State highway infrastructure along the I-55 Jackson/Cape Girardeau Corridor is an urgent priority of each of the parties; and WHEREAS, in order to facilitate the acceleration of such highway improvements, the parties desire to form one or more Transportation Corporations pursuant to the Missouri Transportation Corporation Act (the "Act") in order to enter into contracts and issue revenue bonds to facilitate the highway improvements; and WHEREAS, the parties deem it desirable to design, engineer and construct various highway improvements through one or more Transportation Corporations; and WHEREAS, the parties desire to form and fund one or more such Transportation � Corporations by the means and under the terms set forth herein; NOW, THEREFORE, for and in consideration of the premises hereinafter contained, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: ARTICLE I De�nitions Section 1.01. Definitions. Unless the context otherwise specifically requires or indicates to the contrary, the following terms as used in this Agreement shall have the following meanings: "Applicable Laws" mean all applicable laws, ordinances, judgments, decrees, injunctions, writs and orders of any court, arbitrator or governmental agency or authority and all statutes, rules, regulations, orders, interpretations, licenses and permits of any federal, state, county, municipal, regional, foreign or other governmental body, instrumentality, agency or authority. "Board of Directors" means the Board of Directors of the Transportation Corporation. "City of Cape Girardeau Project Area" means that section of the total Project Area that is located within the limits of the City of Cape Girardeau, Missouri. "City of Jackson Project Area" means that section of the total Project Area that is located �.�,,,� within the limits of the City of Jackson, Missouri. � "Code" means the Internal Revenue Code of 1986, as amended. "Commission" means the Missouri Highway and Transportation Commission. "Corporation" means the Transportation Corporation. "Drury Agreement" means the Intergovernmental Cooperation Agreement between The Member Entities and Midamerica Hotels Corporation executed prior to or concunently with this Agreement. "Executive Director" means the person appointed by the Board of Directors of the Corporation to be the Executive Director of the Corporation, as described in Section 2.05 hereof. "Fiscal Year" means the annual accounting period from first day of January of one year to last day of December of the same year. "Member Entities" means the County of Cape Girardeau and the Cities of Jackson and Cape Girardeau, Missouri, each a political subdivision of the State of Missouri. "Member Entity Default" has the meaning given to such term in Section 7.01 hereof. w "Member Contribution" means the initial contribution to the Corporation in the sum of �„ $75,000.00 and all subsequent contributions of annual appropriations or general revenue sales taxes collected by the Member Entity. I "MoDOT" means the Missouri Department of Transportation. j "Obligations" means Notes, Bonds or other indebtedness issued by the Corporation. i� "Operating Expenses" means all expenses which may reasonably be determined by the i Corporation to be attributable directly or indirectly to the design, engineering or construction of i the highway projects and payable as operating expenses in accordance with generally accepted accounting principles, and shall include without limitation any interest payments on the j Obligations, required payments to the Debt Service Reserve Fund, and other reasonable or necessary payments required to comply with debt service coverage requirements imposed in ,i connection with any Obligations. � "Project Area" means the area for which the Corporation is authorized to undertake State highway projects and as further described in Eachibit A. "State" means the State of Missouri. "TIF District" means the Tax Increment Financing district in the City of Jackson, j � Missouri. 2 "TIF District Plan" means the Tax Increment Financing District Plan adopted in Ordinance No. 3801 by the Board of Aldermen of the City of Jackson, Missouri on � December 28, 1998. Section 1.02. General Rules of Construction. Words of the masculine gender shall be deemed and construed to include correlative words of the feminine and neuter genders. Unless the context shall otherwise indicate, words importing the singular number shall include the plural and vice versa, and words importing persons shall include individuals, corporations, partnerships, joint ventures, associations, joint-stock companies, trusts, unincorporated organizations and governments and any agency or political subdivision thereof. The words "herein," "hereby," "hereunder, "hereof," "hereto," "hereinbefore," "hereinafter" and other equivalent words refer to this Agreement and not solely to the particular article, section, paragraph or subparagraph hereof in which such word is used. The term "Ordinance" shall include any orders or legislation adopted by the Cape Girardeau County Commission. Reference herein to a particular article or a particular section, exhibit, schedule or appendix shall be construed to be a reference to the specified article or section hereof or exhibit, schedule or appendix hereto unless the context or use clearly indicates another or different meaning or intent. Whenever an item or items are listed after the word "including," such listing is not � intended to be a listing that excludes items not listed. The table of contents, captions and headings in this Agreement are for convenience only and in no way define, limit or describe the scope or intent of any provisions or sections of this Agreement. ARTICLE II Conditions Section 2.01. Transportation Corporation. This Agreement is conditioned upon the Member Entities successfully forming a transportation corporation to be named the I-55 Jackson/Cape Girardeau Corridor Projects Transportation Corporation (the "Corporation"). The boundaries of the Corporation must include the areas within each Member Entity that includes the Center Junction area of the I-55 Corridor, as set forth on Exhibit A, attached hereto and incorporated herein. The Corporation shall be organized under the Missouri Nonprofit Corporation Act, Chapter 355, RSMo., and the Missouri Transportation Corporation Act, Chapter 238, RSMo., according to by-laws and articles of incorporation approved by the Commission and consistent with the Intergovernmental Cooperation Agreement between the Member Entities dated , 1999. � 3 � Section 2.02. MoDOT and Commission Approvals. This Agreement is further conditioned upon the filing of all necessary applications by the Corporation with the Commission and/or MoDOT by March 1, 1999 and receipt of the necessary approvals of such applications from MoDOT and/or the Commission. Section 2.03. MoDOT Intergovernmental Cooperation Agreement. This Agreement is further conditioned upon the Member Entities, the Corporation and the Commission entering into an Intergovernmental Cooperation Agreement to provide for the construction and financing of the Project. Section 2.04. Bonds. This Agreement is further conditioned upon the issuance by the Corporation of Bonds to finance the accelerated completion of the Project in a principal amount not to exceed $5.5 million plus Debt Service Reserve. Such Bonds must provide for repayment in full no later than December 31, 2005. Section 2.05. Advance. This Agreement is further conditioned upon the reasonable estimate, at the time of the MoDOT application, of the Advance to be paid by the Member Entities, consisting of interest on the Bonds, carry costs, and operating expenses of the Corporation, not exceeding $1.5 million. Section 2.06. Termination. Performance of this Agreement by the Member Entities � shall be excused and this Agreement shall automatically terminate if the conditions contained in Sections 2.01, 2.02, 2.03, 2.04 and 2.05 are not met by July 1, 2000. ARTICLE III Creation of the 1Yansportation Corporation Section 3.01. 1Yansportation Corporation. The Member Entities hereby agree to cooperate in the establishment of one or more transportation corporations pursuant to the Act (the "Corporation"). Each such Corporation shall be named after the highway project for which it was formed. The boundaries of the initial Corporation shall include the areas within each Member Entity that includes the I-55 Corridor, as set forth on Exhibit A, attached hereto and incorporated herein. The Corporation shall be organized under the Missouri Nonprofit j Corporation Act, Chapter 355, RSMo., and the Missouri Transportation Corporation Act, ' Chapter 238, RSMo., according to by-laws and articles of incorporation approved by the II Commission and consistent with this Agreement. The principal office of the Corporation shall be j at a place determined from time to time by the Board of Directors. I Section 3.02. Powers and Duties of the Corporation. Subject to the terms of this I Agreement, the Corporation shall have the following powers and duties, to be exercised I exclusively on behalf of and for the benefit of the Member Entities for the design, engineering I and construction of the highway projects: ; � 4 (i) to purchase, lease, acquire, sell and use real and personal property; (ii) to borrow money and issue Obligations secured by mortgage or � other pledge of income or assets; (iii) to invest its funds for corporate purposes; (iv) to enter into such agreements or execute such instruments as are necessary to carry out the foregoing; and (v) to implement all other duties prescribed to it by this Agreement. Section 3.03. Organization of the Corporation. The powers and duties of the Corporation shall be exercised by a Board of Directors, appointed by the Missouri Highway and Transportation Commission (the "Commission"). (a) Board of Directors. The Board of Directors shall consist of two registered voters from each Member Entity nominated by the chief elected officer and approved by the respective legislative body of the Member Entity. (b) Compensation. Directors shall serve without compensation, except that they shall be entitled to reimbursement by the Corporation for their reasonable and necessary expenses in the performance of their duties. � (c) Procedural Matters. The Board of Directors shall establish by-laws governing the election of officers, the schedule of ineetings and notices therefore, and other procedural matters. (d) Majority Required for Decisions. All decisions of the Board of Directors shall be determined by a majority vote of the Board. Section 3.04. Powers and Duties of the Board of Directors. The Board of Directors shall have the powers and duties set forth in Chapters 355 and 238, RSMo., as well as all powers and duties which transportation corporations may hereafter exercise by amendment to those statutes or any other provisions of the Revised Statutes of Missouri, including, but not limited to, the following: (i) to implement this Agreement; (ii) to determine the means to design, engineer and construct the highway improvements in accordance with this Agreement; (iii) to appoint an Executive Director for the Corporation; � 5 � (iv) to determine and approve all highway projects for the Corporation after completion of the two projects outlined in Article IV, hereof; (v) to buy, lease or sell real property for the purpose of improving the highways in the Project Area, and to contract with public or private entities for the design, engineering and construction of the projects; and (vi) to contract with the Missouri Highway and Transportation Commission, and with cities and other counties in the State of Missouri or any private party for the design, engineering and construction of highway projects. Section 3.05. Executive Director. The Executive Director shall be appointed by the Board of Directors and shall serve in this capacity without compensation, except as otherwise agreed by each of the Member Entities. The Executive Director shall have the following duties: (i) to act on behalf of the Corporation in implementing this Agreement; (ii) to prepare the Corporation's annual report and annual budget; (iii) to carry out any other duties consistent with the terms of this Agreement as the Commission may from time to time prescribe. � Section 3.06. Term. The term of this Agreement shall be twenty years from its effective date and may be extended by consent of all Member Entities for two additional ten year terms. ARTICLE IV Financing of the Corporation Section 4.01. Payments from Member Entities. . (a) Initial Contribution. Each Member Entity hereby agrees to pay to the Cotporation, as provided herein, an initial contribution in the amount of$75,000.00 for administrative and operational costs of the Corporation. Said amount shall be paid as follows: . (i) $25,000 upon formation of the Corporation; and (ii) $50,000 on or before July 15�' following formation of the Corporation. (b) Annual Assessment. Each Member Entity hereby agrees to pay annually, subject to annual appropriations, to the Corporation an amount equal to one-third of the budgeted expenses of the Corporation ("Annual Assessment") for operational expenses, including debt service payments for the next calendar year. � � 6 (c) Sales Tax Payment. The Annual Assessment shall be offset, in whole or part, by the Member Entities' generation, and subsequent contribution, of an amount equal to the � general sales tax revenues generated in the Project Area from the previous calendar year (the "Sales Tax Payment"). Subject to annual appropriation, the parties shall pay an amount from their respective available funds calculated as follows: (i) For the City of Cape Girardeau, an amount equal to 1% of all taxable sales generated in the Project Area during the previous calendar year less the amount generated by each City in calendar year 1998 within the Project Area, payable to the Corporation. (ii) For the City of Jackson: (a) an amount equal to 1% of all taxable sales generated in the Project Area during the previous calendar year less the amount generated by the City in calendar year 1998 within the Project Area; and (b) all amounts paid by the County of Cape Girardeau as a result of the TIF District in the Ciry of Jackson Project Area. All amounts are payable to the Corporation. (iii) For the County of Cape Girardeau: (a) if generated within the City of Cape Girardeau Project Area, an amount equal to one-half of lh% of all taxable sales generated in the City of Cape Girardeau Project Area during the previous calendar year less such amount generated by the County or calendar year 1998 within the Ciry of � Cape Girardeau Project Area, payable to the Corporation; and (b) if generated within the City of Jackson Project Area, subject to a valid and existing TIF District Plan, an amount equal to one-half of '/z% of all taxable sales generated in the City of Jackson Project Area, payable to the City of Jackson's Special Allocation Fund pursuant to the TIF District Plan. At such time as the Ciry of Jackson Project Area ceases to be subject to a valid TIF District Plan, the Counry shall pay the amount specified in (b) to the Corporation. (d) Third Party Contributions. The Annual Assessment shall be adjusted for other revenue earned by the Corporation and payments received from third parties in the previous calendar year. (e) Joint and Several Liability, Contribution. In the event that any Member Entity fails to pay any contribution when due ("Defaulting Member Entity"), each other Member Entity shall be jointly and severally liable to the Corporation for the Defaulting Member Entity's contribution; provided, however, that such liabiliry shall be limited to the amount past due, and in no event shall any Member Entity be liable for an amount exceeding fifty-percent (50%) of that Member Entity's contribution for that Fiscal Year. Each Member Entity paying the contribution of any Defaulting Member Entity, or any portion thereof, shall have the right of contribution against such Defaulting Member Entity for the amount so paid. � 7 � (fl Event of Default. In the event that a Member Entity fails to meet its contribution obligations to the Corporation, an "event of default," the Member Entity will forfeit any reimbursements owed to it or which may accrue in the future and the Corporation may report the event of default to appropriate credit and rating agencies. Section 4.02. Reimbursement. (a) Initial Contribution. The Initial Contribution of each Member Entity, plus five percent (5%) interest compounded annually, will be reimbursed from Corporation funds, if available after providing for operating costs, upon the fifth anniversary date of the formation of the Corporation, as evidenced by the Certificate of Incorporation from the Missouri Secretary of State. If sufficient funds are not available to reimburse all Member Entities for the full amount on the fifth anniversary date, each Member Entity will receive an equal share of the funds so available, as determined by the Board of Directors of the Corporation. Subsequent reimbursements shall be made, in like manner, on each anniversary date of corporate formation until such time as all Member Entities have been reimbursed for their total initial contribution, plus five percent (5%) interest compounded annually. (b) Surplus Sales Tax Payments. Beginning on the fifth anniversary date, the Board of Directors may reunburse Member Entities for previous Annual Assessments paid, adjusted for present value, and not otherwise offset by Sales Tax Payments provided the � following conditions are met: (i) the Initial Contributions have been reimbursed; (ii) the remaining funds of the Corporation on hand after said reimbursement, would equal or exceed the budgeted operating expenses of the Corporation for the next calendar year; and (iii) all debt service reserves and other operational revenues are fully funded. Section 4.03 Limitation of Liability. The only obligation of the Member Entities to pay for the design, engineering and construction of the highway projects arises out of this Agreement. No such payment obligation shall constitute a debt of any Member Entity within the meaning of any constitutional or statutory limitation. ARTICLE V Projects Section 5.01. Center Junction Project. The Member Entities hereby agree that the initial highway project of the Corporation shall be the construction and improvement of Center � Junction located within the City of Jackson and the City of Cape Girardeau, all within the County I 8 I of Cape Girardeau, Missouri along the Interstate 55 (the "I-55") Conidor, as more fully described in Exhibit A, attached hereto and incorporated herein (the "Center Junction Project"). � Section 5.02. Additional I-55 Corridor Projects. Subject to the approval by Ordinance by each of the Member Entities, the Corporation may undertake other highway projects along the I-55 Conidor with the approval of the Commission. Section 5.03. Agreement to Govern. The Member Entities hereby agree that this Agreement may govern additional highway projects that are pursued by the Corporation or any subsequent transportation corporation upon approval, by Ordinance, of each of the Member Entities. ARTICLE VI Additional Agreements Section 6.01. Further pocuments. The parties to this Agreement will execute and deliver all documents and perform all further acts that may be reasonably necessary to perform the obligations and consummate the transactions contemplated by this Agreement. Section 6.02. Withdrawal of Membership. Any Member Entity may withdraw from membership in the Corporation by resolution or ordinance of its governing body; provided, however, that if any Member Entity withdraws from the Corporation before all Obligations are paid in full or otherwise deemed defeased, said Member Entity shall forfeit: (i) any � reimbursements due from the Corporation; (ii) any present or future claim of right, title or interest such Member Entity may have in any asset in which the Corporation may have an interest; and (iii) all other privileges of Corporation membership as provided herein. Section 6.03. Dissolution of the Corporation. The Corporation shall be dissolved only upon a unanimous vote of the Board of Directors or upon the withdrawal of Member Entities such that no more than one Member Entity would remain a member of the Corporation. ARTICLE VII Representations. Warranties and Covenants of Member Entities Each Member Entity represents, warrants and covenants for itself as follows: Section 7.01. Organization, Authorization and Validity. Each Member Entity is a political subdivision of the State duly organized and validly existing under the laws of the State, and each has duly authorized, executed and delivered this Agreement. Section 7.02. Authority. Each Member Entity has all requisite authority to execute and deliver and perform its obligations under this Agreement and is not a party to any indenture, �� 9 � contract or other agreement or arrangement, by the performance of which it would prevent or materially and adversely affect its individual performance under this Agreement. Section 7.03. Non-Contravention. The execution and delivery of this Agreement by each Member Entity and the consummation of the transactions contemplated in it will not conflict with or result in a breach of or constitute a default under or violate any of the terms, conditions or provisions of any charter, resolution or ordinance, any material indenture, contract or agreement or arrangement to which it is a party or by which any of its properties are bound, or any Applicable Laws by which it is bound. Section 7.04. Litigation. No Member Entity is a party to any legal, administrative, arbitration, or other proceeding or controversy pending, or, to the best of its knowledge, threatened, which would materially and adversely affect its ability to perform under this Agreement. ARTICLE VIII Defaults and Remedies Section 8.01. Default by Member Entities. The occurrence of any one or more of the following events shall constitute an event of default by any Member Entity ("Member Entity Default"): � (i) failure to pay when due any contribution or any other monies owed the Corporation under this Agreement; or , (ii) any event or occurrence rendering such Member Entity incapable of fulfilling its obligations under this Agreement; or (iii) the institution of any proceeding, with the consent or acquiescence of such Member Entity, for the purpose of effecting the composition between such Member Entity and its creditors or for the purpose of adjusting the claims of such creditors pursuant to any federal or state statute now or hereafter enacted, if the claims of such creditors are under any circumstances payable from the funds of such Member Entiry; or (iv) failure to punctually perform any of the other covenants, conditions, agreements and provisions contained in this Agreement, if such failure continues for thirty days after written notice specifying the default and requiring it to be remedied has been given to such Member Entity by the Corporation. � I Section 8.02. Remedies of District or Authority. Upon the occurrence of a Member j Entity Default, the Corporation, after giving notice of such Member Entity Default to all Member j Entities, may bring suit by mandamus or other appropriate proceeding to require the Member �I Entity to perform its duties under the Act and this Agreement or to enjoin any acts in violation of � the Act or this Agreement. j 10 Section 8.03. Remedies Not Exclusive. No remedy in this Agreement conferred upon or reserved to the Member Entities or the Corporation is intended to be exclusive of any other � remedy, and each remedy is cumulative and in addition to every other remedy given under this Agreement or now or hereafter existing at law, in equity or by statute. ARTICLE IX Miscellaneous Section 9.01. Severability of Invalid Provisions. If any clause, provision or section of this Agreement is held to be illegal or invalid by any court, the invalidity of the clause, provision or section will not affect any of the remaining clauses, provisions or sections, and this Agreement will be construed and enforced as if the illegal or invalid clause, provision or section has not been contained in it. Section 9.02. Execution of Agreement. A sufficient number of copies for each party approving this Agreement, each of which shall be deemed to be an original having identical legal effect, shall be executed by the parties. Section 9.03. Governing Law. This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of Missouri. Section 9.04. Amendments. This Agreement may be changed or amended only with the consent of each Member Entity as expressed by resolution adopted by each Member Entity's � governing body. No such change or amendment shall be effective which would affect adversely the prompt payment when due of all moneys required to be paid by the Member Entities under the terms of this Agreement, and no such change or amendment shall be effective which would cause the violation of, or default under, any provision of any resolution, indenture or agreement pursuant to which any Obligations are issued. Section 9.05. Effective Date of Agreement. This Agreement will be effective from the date of its execution by all of the parties hereto. Section 9.06. Waiver. Any waiver by any party of its rights under this Agreement must be in writing, and will not be deemed a waiver with respect to any matter not specifically covered. Nothing in this Agreement authorizes the waiver of any Member Entity's obligation to make payments when due of all monies required to be paid by the Member Entities under the terms of this Agreement. Section 9.07. No Third Party Beneficiaries. No persons other than the Corporation and the Member Entities and the successors and assigns of such persons shall have any rights whatsoever under this Agreement. Section 9.08. Conditions to Performance. Performance of this Agreement by the Member Entities shall be conditioned upon the execution of the Drury Agreement no later than �� 11 ,l,w� April 1, 1999, and upon receipt by the Member Entities and/or the Corporation of the necessary � � approvals from MoDOT and the Commission. In the event that one or both of these conditions is not met, the parties to the Agreement are excused from performance and the Agreement shall automatically terminate. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed in their names by their duly authorized representatives as of the date first above written. CAPE GIRARDEAU COUNTY, MISSOURI (SEAL) By� Printed Name: Title: A'TTEST: � Printed Name: Title: � I 12 CITY OF JACKSON, MISSOURI � (SEAL) By: Printed Name: Title: ATTEST: Printed Name: Title: � � 13 � CITY OF CAPE GIRARDEAU, MISSOURI (SEAL) BY Printed Name: Title: ATTEST: Printed Name: Title: � � 14 � ACKNOWLEDGMENT � STATE OF MISSOURI ) ) SS. COUNTY OF ) On this day of , 1999, before me, the undersigned, a Notary Public, appeared and , to me personally known, who, being by me duly sworn, did say that they are the and of CAPE GIRARDEAU COUNTY, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said County, and that said instrument was signed and sealed in behalf of said County by authority of its County Commission, and said officers acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said County. IN WITNESS WHEREOF, I have hereunto set my hand and aff'ixed my notarial seal, the day and year last above written. �-.../ Printed Name: Notary Public in and for said State Commissioned in County (SEAL) My commission expires: � 15 � ACKNOWLEDGMENT STATE OF MISSOURI ) ) SS. COUNTY OF ) On this day of , 1999, before me, the undersigned, a Notary Public, appeared and , to me personally known, who, being by me duly sworn, did say that they are the and of the CITY OF JACKSON, MISSOURI, a body politic and corporate duly authorized, incorporated and existing under and by virlue of the laws of the State of Missouri, and that the seal affixed to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of said City by authority of its Board of Aldermen, and said officers acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said Ciry. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written. � Printed Name: I Notary Public in and for said State Commissioned in j County (SEAL) I My commission expires: � � 16 I ACKNOWLEDGMENT � STATE OF MISSOURI ) ) SS. COUNTY OF ) On this day of , 1999, before me, the undersigned, a Notary Public, appeared and , to me personally known, who, being by me duly sworn, did say that they are the and of the CITY OF CAPE GIRARDEAU, MISSOURI, a body politic and corporate duly authorized, incorporated and existing under and by virtue of the laws of the State of Missouri, and that the seal affviced to the foregoing instrument is the corporate seal of said City, and that said instrument was signed and sealed in behalf of said City by authority of its Board of Aldermen, and said officers acknowledged said instrument to be executed for the purposes therein stated and as the free act and deed of said City. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my notarial seal, the day and year last above written. � Printed Name: Notary Public in and for said State Commissioned in County (SEAL) My commission expires: � 17 � EXHIBIT A Center Junction Pr�ect Description The Center Junction Project as proposed, would involve the construction of a new"north" lane of Kingshighway (61-72-34) and other related improvements generally in an area bounded by Old Orchard Lane to the west and the North County Park Drive and Boulder Crest intersection to the east. The Project would also involve new entrance and exit ramps for I-55, on both sides of the Interstate, reconstruction of the Limbaugh Lane intersection on the Cape side, and reconstruction of the Wedekind Road Intersection on the Jackson side. Upon completion of the Project, the existing"north" lane would be demolished and the then excess right-of-way on the north side would be conveyed to adjoining landowners including Cape Girardeau County. Attached hereto is Alternate#1 as designed by the Missouri Department of Transportation, which serves to further illustrate the Project's conceptual design. f 1 � � - CENfiER JUNCTION PROJECT AGRE�IV�N"Z' �� : : - • . ouri deau Mlss i - Cowaty o€ Cape ��rar , .. . . City.of Jacl�sa�, Nlissouri _ _ � � • • deau Niissour�. ar Citiy of Cape C��r � i �d�america I�atels Corporation � �/ CEN�JUNCTYON PRO.TECT A.Gk�EMF.NT THIS CENTER JUNCTION P�20JECT AGRE�N�ENT(the "A.�reement") is uiade tbis day of . , 1999, by and au�or�the County of Cape Girardeau, the Citics of Jackson and Cape Guardeau, Missoa�i(ihe "11�ember Entities"), each of which is a potitical subdivision of ti�e State of Missouri and Mir�amcrr;�a T�otels Corporation(°Drur�'"). a Missovri corQoration(inc�[vidually, "Parry" and coIlectivelY, the "Parties")- � RECI'TALS �VHII2�AS; accelerai�ed completion of the Ceni:er Juuction realig�no.eni and �pro�veuzetrt to the higbway infras�ucblre along the i-5�Jackson/Cape Girazdeau Carcidor (the "Project") is an�gent prior�ty of tbe Parties; and WHE�tEAS, m.arder ta fac�itate the acceleration of such hi�fiway�roject, the Member Ernities mien.d to.form a Gra�sportation corpor�ion and to coniract and co��erate with the Misso�i�epartnie�of Tiansportativn(MoDOT") aad the Missonri�Tig�ways and Tzansportalion Comm'r.csio�l(ihe "Commi�ssion") in the design and plaIIning of such projecx: and WHE�2,F�AS, the ficausporration corporaty.on so formed by the 1Vlember F�ities wi11 issae ` � bonds to pay foz'the accelerated�mpletion of the Project, such bonds to be reimb�sed:by tfie �-��� Commission at�date certaui im�.e�'an intergovernment�l coo�,eration agreement pursaant to Chaptex 70 of the Revised St�s af Ivfissouri; a�acl '4PHEREAS,ti�e Me�ber Bnrities, via contnburions and assessments paid to the. �ransportation corporation, will pay tbe interest, carry costs and administxa�ive expenses associated with ti�e bonds ax�d ti�e corporat�on until such iime as the Commissiqn reimbu.rses the Member F�es; and _ W�[tEA.S,the Membcr Entines dcsae to encourage Dnuy's development of the Project.Azea by e�ci�o i�this A�mer�with Dnuy and to bave m pl.ace a mechani,sm whereby, f�ilimg sa�ch development, Drury wt�l pay certa�costs bome by the Member Entities and thie tra�asportatiou corporadon, and � V�AS, Dnuy d,csires to pzovide the necessary ri�ts-0f-vvay fo�the ProJect, assist in t�e designi�ng a�Plannirtg of t�e Pmjec[, develop the Projecx Area and share in the coscs associated witi�the acceiera�ion of tha Project; i�TO�V', T�iERE��RE, for a�od in consideration of t�e prentises Y►ereinafter.contained, thc st�ciency of which is hereby ac�.owledged, the Puties�r�eby agree as foilows: �....�►� � A�'Y'ICLE I - ,�}efinitions Secfion 1.OI. Defini�tions. Unless the co�text otherwise specifically requires o�r � indic�s to the con�ary, the follow'vag terms as used in this Agreement shall have the following�oaeanin�Qs: "Advan�e".means the amount of money paid or to be paid by the Corporation for interest on tk►e Bonds, carry costs of the Advance at ihe rate of 5% pez annum and the Qperatmg Exp�nses of the Gorporation�or the Cenr:er 7u.nction Projec�. "Agplicable Laws" mean a11 applicable laws, ordmances,juda`rmeuis, d�s, injnnctions, w,rits and ordezs of aay court, arbitrator or aover�ental aaency o�r aw3�writy and all sta�tcs,ru�es;re��ulations, orders,-i�aterpretaiions,Iicenses and pesmits of 2�ziy federaI, st�te, countY, municiPal, regional, forti�n or other gover�enial body, instxumentality, agency or authoniry: "Bonds" mcans the bonds issued by the Corposatian to finaaace tbe accelerated ca�action of tl�e Ce�r 7unction Project_ "Commaission" means Che Missoirri�ighway and 7'ransporhation.Commission_ � ".Corporarion* means the I-55 7ac.ksom/Cape Girardeaa Corridor Projecxs Transporta4on Cozporation.. - "De�ault" l�as�dte.meauma gven to sach term in.Sectivn 9.U� �e.�eof_ "�CL1Iy" II1P�1�S MidflIIIeIIiC2.�O�1S COIPOI�AOxt 'Drfuy DeficieAcy' means an am.ouut owed by Dnuy to t1�Corporatiom equal tio the difference between the Advance and 1_5�b of�thc totai amou�of raxable sales generatact in the 1'roject Area as a re,�tilt af Drary's development,but not to exc,�ed.$].-5 million in mt�t. "I.ct�er of Credit" means the iecxevocable direct pay letter of czedit provided bp Druty � i o a Defi " as de e 'n_ the amouut o�$1500 000 to cover the costs f Dnuy ciency, fined h x� � � "Me.ffiber Entities" m.ea.ns the Caunty of Cape Cruaideau and the Gxues of 7acksou and Cape Crirardeau; Missonzni, each a polirical snbciivision of the Staie of Masswri_ I "MoDOT" means the Missotui Departme�of Transportation. I "Operat�,g Ex�enses" means all gcncial operating expenses of thc Corporation which i �hle e.nses in accondance with.treneraU at�butable the Pro'xt and as are to Y . � a J �J�" �g acc�t,�acca�ting Pt�mctPles, and shaA include without lioatitaavn a�y inbr.rest paymcnis on � �t�,e Bonds,rcquircd PaY�ats to thc Debt Service Reserve Fund, and.other reasonable or ! � 2 ��'Y PaY�ts required io co�Iy with dcbt service coverage requiremet�ts imposed in � conmection with the�onds. "Project" means the Center Junction RPs►lib ment project as mox'e ftilly descn�bed in Exht�b�A, {which lncludes an�verview of the 1'roject, Alternate#1-Missauri Deparnnent of Transportation des-rgn and a Rijht�f-Way Map. "Project Area" means the area for which the Corporation is autb.oz�zed to undertak� State Iughway�rojecrs and, more spec�c�lly, the Cerner Junccion area as fiurther descrc�beci in Exhibit A. e "Sta[e" D1B3DS i�C$T'dIC Of MISSOt1Z1_ Sec�on I.OZ. Gen�'al Rules of Constraction. Words of the masculine gendcr shall be deemed and consa�ucd to in�lude correladve words of t�.e femin;�and neuier genders: Unless the oontext shall vthezwise indicate, words �portmg i�e sinaulaz namiber shall inciude ihe pIural and vitce versa, and words importmng persons shall include ioo�dividuals, corporations, parmezshigs,joint venf�es, associarions,joint srock:.ompanies, m.tsts, unzncorporated orga�iizations and governments and any ag�ency or political sabdivision t6ereof_ . The words "herein,` "hereby," "lnereunder, "hereof,° "hereto," "hereinbefore, "he.t�imafter° and otber equivalent words refer to this A��reement.and not solely to the pazticulax ar�cle,.secixon, ParagraPh or subparagragh hereof u�w�ii.ch such word is used_ � Refere�ce herexn to a parcicular ardcl,e or a particular secdon, exhi�brt, schedule or appendix shaIl be constxved tio be a reference to.the specified article oz�sedion hereof o� . cx�v.'bit, schedule or appeud�hereto unless the contea�or use clearly indicates anotb.ez or diffetent mea�ng or mtez�t: Whenever an itern or ibems are ixsted aft�r the word "'vacludi�ztg,"such lisziug is nat infe�ded to be.a listing that ezcludes ii[ems not Iisted. Th�Cabie of conients, captions and hcadings in this Agreement ate for conveni,ence only and 'm no way define, �%mit or des�n'be ti�e scope ar intenz of any provisions or secaons of tIus Agreem�at_ ARTICLE II Condidions Sedicm 2.OX. TYansporkation Corporatian. This�ment is oonditioned npon the M�Futities succe.ssfully fornung a transpoztation corpoiarion to be named the I-55 7ackson/Cape Girardeau Comdor Projects Transpor�taon Corporaxion(the "Cor�oration"}- '�he bonndaries of thc Corporation must include t#�e areas within each Member Eniiiy that �Iudes th,e Centet Junction a�rea of the I-55 Corridor, as set forih on E�ubit A, atta�»cd hcrcLo and.incorporarad hesein. The Corporation shall be organized under the Missouri 3 � � t Ca oration A�t, ChaP�355,RSMo_; and thc Missouri Transportati�on � Non�pro�i rP ���g to by-laws aad articles o�incorpontion .Corpordtxon Act, Chapter 238, RSMo-, the Intc overnmen�l Coope�on apProved by the Com�mission a������ � , 1999. Agreemevt lxtween the Iv�ember En�i rovals. This Agreem.ent is further �tion 2.42. Mo��T and Commission APP �e Co oration wiih the conditioz►ed upOn the fili� of all necessary ap�lications by TP Commission an;dlor.MoDO"T by,MarcE�1, 1999 and receipt of the necessary agprovals of s�ch applicadons from MoDOT.a�ndlor the Commission. �oa 2.03. MoD�T Intergove�rnmental Coonpe�atioe��?�and the is fiarthe�r candition.ed iipon the M,ember Enu , �1�0 A�� � � aovermn,ea�Cooperazirna Agreement to provide for the CommJSsion.e�ritig�i�an�nt�rb con.sttaction.a�d f�na-ncma of the Proje�- �on 2_04. Bonc�s_ Tbis Ag�me�is fuxrher condiiioned upon the issuance by the Cozporatian of Bonds to fi�nance the acxelerated campletion of ti�e Project in a�Ce"d.e for amount not to exceed�$5.5 m�71ioa Plus Debt Service R�er�re- Such Bonds must pr 1epaynieat m full�late�tban becembei'31,2005- Sedidn 2.Q5.� Term- The texm of t3�is A�:eement shall be ten peals from its effective ,�r.� date.or until such�as th�Pa.zties have satisfied all obligadons, includir►g the PaYment of � 1 monies owed,.herei�mder- � . Termination. P�rforn�of tfiis A�eemeut by Dnuy sY►ail be . gedion 2.46 coz�tained in j s�aD a�tomatically teruunate if tf�cond�aons eacr.used and this A� . 1,2000. Secdons 2.01;2.02 avd 2.03 aze not met by July . _ I AR�'IGLE III � �� i � Junc.fi�on Prnjec�. Tb.e parties hereby a��to puzsue ta 'on 3.01. C��' �� ti�e I Secli �nt of ihe Centier runcfion Iocated wit�in d �� er � completion of ti�e co�oII an unA ur► along �I= Cities of Jackson and Capc Gaardeau and the Cotinry of Ca}�e Guardeau,:Misso 55 Cori�idor(the 'Proje�t-"). Said Proj ect wil�be built in substautial confarmance wifli I : Altesnai�Conccpt�;pregarcd bY MoDOT, as indicated in'Fxhi'brt A. i a tria.t, pursua�t to Alternate Sec:don 3_U2. .Rig�ts-of-Way. The Parties hereby � under or across - vide an.d all necessarY rights-of way ou, i Concept#1, each Party ws�l pro �Y �� for the Pzoject . ��1 PzpperlY owned by it located within the Project Area and as " oost to tiie Corporation or Commission.. � wrthb�t _ tf�at LI��?roJ�will be Parties a � The � I $ection 3.03. Conslruchon and Paptz�b � in consuitation vviffi the �i�ed and oa�str.ucted witfi reasonable i� Y P� ��' � � Commission asad MoDOT durin$cale�I Y�;�g' �Inding, but not Iimited to, the I 4 " retenrion of a Traffic Fngineerina Consultant- Thc Party or Paities responsible for the � retention of such Traffic Eng"tnoccrmg Consulta�at shali pay t�e fees and expenses.of ti�e Consnlffint. The lviember Enrities and CorPorarion shall pay the Advance costs of the Project unt�T fuI�y reimbursed by the Commission which shall be no later than Deceniber 31, 2005. ART'ICI.E rV . Development Obli�afions Secaon 4.OY. Development 4hligafion. Drury hereby agrees to develop the Projecx Area in Snch.a m�ffier.so as to genezate total cuzr►ulauve taxable sales which wheu multipIied by 1.5% equals thG�totai amoimt of the Adwa�aoe- If Dniry meets or exceeds this de�velopmeat obli�,�tio�t by oa or be�ore I7ecember 31, 2A04, the Member Entities shali submit for m.,�btusement.by the Corporation, as a.n Op�g Fxpense, the fees paid by Drury far the 7�o�Credit to be provided under Seclion 5_OX_ Said reimbursement shall not exceed the tot�l amount af$50>000- $eGtion 4.OZ. Failure to 1V�eet Developmenit ObIigations. .If, on December 31, � 2004, Dxury.has failed m meet the oblig�ti�n in Section 4.01, Dnny�aereby agrees t�o pa.y to th�CorporatiQn 2tn amau�t equat to the differeuce between the Advance and 1_5% trmcs#he : c�muIarive#axable sales in 4fie Pro�ect Area x�lung from Drury's development(tl� "Dr�uy Defrcie�acy"). - Se�t�on 4.03. Faymeut of the Drcay De,ficiency. The Dn�xy Ae�iciency sball be paid � as follows: (a) on�e-third of the Drury Deficiency, plus�teresE at ifie per,anrn�m�r�e of 5°l0, �shaIl be paid on 7ffic I, 2UQ5;(b) o3o,e-third of t�e bala�ace of the Dniry Deficiency, Plus interest ou said balance at the per anrnma rat�of 5�'a, shall be paid on 7ti.ne 1, 2QQ6; and(c) ou�third o�f the balance�of.the Dniry Deficiencp, plus mterest on sai�d balance at th�p�r axmum.rate of 5%, sbsll.be paad on June Y, 2007_ The Drury Defici:en�y shall be adjusted tbxougli Deceutber 31;20U7 to thc e�ent that t�xable sales geneTated in t�e Pro3ecx Area exceed�e Pro Fo�a Eu�dotit,between years 2005 and 2A07, as noted on Exh�-bit B, attacb.ed b�and 3ncazpoc�ted lierein_ � AR�CLE� _ i�t.er of Credit Sectiaa 5.01.�Letter of C�edit. Ihury agrees to provide.au arevocable d�xect pay letter of credit in the total amount of$1.5 miIlion to secare and guarantee the gayment o�tl�e. . prury Deficiency, if any (t� "Txtter of Credit"). Such Letter of Credit shali be provxded to the Corporation ai the time of issuance of the�3onds for the ProJect and shall be issued.on su�1� terms and by a financial instit�uion approvcd by the Mcmber F�titities and the Corporatiou, _ so,ch appreval not to be unrea.sou�ably withheld. The initial LeCt�z of Credit am,ount shall.be :reduced ou a year�y basis to�flect paymcnts by Divrp and/or a,djus�e�s to the Dniry � Deficicncy.as a res�ilt of taxable sales caoeeding d�e Pro Fom�a Buildoux. " 5 � j �_,.,,,,�► ARTrC,Y�E VI � RepreseQt�tions, 'P�arranties and C^�enants of Me.mber E�ities Each Me�aber�ntity�epresern's, wazxants and covenants for itself as follows: � Ser.fion 6.QL O�auization, Authoc�izahon-and Validity. Each Member Endty is a political subdivision of t�ie State.duly organiz�ed and validly existing under#he laws of the Slate, and cach bas duly authorized,.ezecuted.and del-ivered this Agreement. Sedion 6.02__ Authority. Each Member Entity has all requisite authority to execute and deliver and pe�rForm its obligarions und�ez'this Agrecment and is not a party.to auy iudentiue, contrack or other a g reement or arraz�gement, by the performance of which it would preveut or materiaily.a�,d adv�rrselp aff�ct irs individval performance undez t�is Agreement Section 6.03. Nou-Co�vetrtion. 1`he�ti,on and deliveiy of this Ag�eemeni by each Nipw�ber Entity ancl ihe eonsn�ation of the transactions conLemplated in it will not conflict with or x�sult in a breaeh.of or const��e a default under or v�iolate any of the te�s, conditions br provisions of auy chart�cr, resOltititOii Or Ordinance, any marerial.indenture, contract or agreen�ent or azrangement to wbach it is a pariy ar by which any of its properties are baand, oi a�y Applicable L�ws b.p.which xt is bonnd_ Seek4n 6.04. I.itigation. No 1vlember Enticy xs a parry to a�ay Zegal, t,,;n��r►-arive, � � azbitxation, or ot}�r p�oce.ed�g or comroversy pending, or, to the best of its kn�,owledge, x�ad,which woul,d materialIy and adversely affecz its ability to perforin under this _ ��• . . � : - . ARTIQjE VQ - Representa�tions, �Pa�caa4es and _ Cove�ants of the Coic�oration � The Corporarion represents, warranrs and covenants for itself as follows: � tion is a no� Section 7.0�. 4rganiz�ation, Aufhvrization and Validity: The Corpara �I for-�rofrt ootporation duly o�anitied and v�i�y��under the Iaws of the St�re of I Missaiui. T�ve Coiporarion has duly autho�ized, executed and delivered this A�`reement j Sedion y.a2. Atrthority. The Cotporation has all requisite anthority to ex�ecut�and � this A and is not a to any ind�nhue; de 'ver az�d rfoim its obl.x tions under g��� P�Y h Pe ga � rformance of whi,ch i�would ver�t.or nt the P� t�r a t or aizantreme , pe cont=act or o gre�en o �Y materially and adversely a�'ect its indivictual performan�ce under this A�eeme�t. j Sedion 7.03. Non-Contravention. Th,e execution an,d.delivery of tbus Agre�rnent by � t�ie Corporatian and ti�e cons�madan of thc transactions co�emplated in it wiZl not conflict i witfi or result iu a breach of or constiture a default uader or vioiate any of the terms, � � 6 conditions or provisions of any charter, resolution or ordinan�p, �y� �dentv.re: conuact or agrcement or ari�ngement to which it is a partp or by which any of its properties are bacmd, o�any APPlicable Laws by which it�s bon�nd. Seciion 7.Q4. Litigation. Tb�CorQoration u not a party to any legal, administrative, � arbiaration, or othcr proceedi.r�or controversy pending, or, to t3�e best of its l�owledae, threat,�ned, wIuch would materially and adverse�y affc:ct its ab�liiy to perfarm im,der ihis Agreement� ARTICIIE YIII Representations, VParranties and Covenaats of Drurv Dnuy re�resents, warrants and covenants for itseIf as follows: Se�tiou 5:01. Organiz�tio�n, Authorization and Validity_ Drarp is a corporation duly organized and vaIidly e�sting under the la.ws of the State of Missouri. Dniry has duiy �audhorizsd;�eaecuted.a�i delivered t�is�gr�o�ent Sec�ion 8.02. Authorify. Arary has ail requisite aiuhorny to execute and deliver and peaforn�its obligations und.ec this Agzecmc�and is not a pazry to aAy indentare, contract or at�er agz'eement or arrangement, by the performance of wi�ict�it cvould preveut or materially and adversely.affect its u1dividual perho�ance wader ti�is Agreement_ Sec#ian 8_03. Non-Co�rave�at�oa Tt�e execuri�n and.delivery.of this Agreem�ent by Drury and i�e cons�matian;of the transacfions cont�mplated in it wi�l n�t conflici ari� or resalt in a breach of ar coxistidute a default unaer or violate an�r of the te�ms,conditions or � provisio�s of any ch�.rtez�, resohrtion or ord"mance, any material ind�uture, contract or agreemeut or.arrana�men[w which it is a party or by Whir„$an�+of its propez�es are bound, ar �any'AppIicable I.aws by which it is bound- Sedion 8:04. Litigation. Drury is not a pazty to any legal, adminis[rative, arbitrauon, or other prooeeding or con�oversy pendina, or, to the best of zts I�owl.adge, threa�ned, whi:ch woa.Id matierially and adversely affect its abiliLy to perfonn under ttais A,gzeement - A�tTICI�I'X DefauIts and l�emedies Secfian 9.01_ Default. The oa�trtence of any one or more of the followi�.g events sha]I cons�an eveut of defa�alt("Defavlt")- (ij fa��e ta pay when due any amount owed under this Agre�ment; or 7 � � . (u� any event or occurreuce rendering such party�ncapable of fuIfiliing its obligations under this Ag�eement; or (iii) t�e instxuuion of any proce�ding, with the consent or acquxescence of such party, for the gurpose of effecting the composition between such party an�d ics creditors ar for the purpose of adJvsfzng tk�e claims of such cred�tors pursuant to any federat or state statute now or h�ereafter ena,ctcd,.if the claims of such areditors are under any circumst.�nces payable from th:e funds of sach parry; or (v) failttre to punctually perform anY of the oti�.er covenants, conditions, agreemegts amd provisions contained 'm this Agreement, if such failure conti�s for t�irty days after written notice specifying t�,e d�anit and reqairing it to be remedied has been givezz to such P�Y�Y�e�Poration or Member Eatities. � - Sedion 9.02. Rexn�dies of Disbr�ct or A�hori(.y_ CJpon the occ�re�e of a De�ault, the non�e�auIting parfies, afLer giving nodce vf such Default to aIl parties, may brin�suit by mandamus or oth,er appropri�te proceedino to require the defaulting PariY to perform its duties u�er ttie Acf and�his Ab eement or to enjoin azry act� ix't viola�ton o�tb�e Act o�this _ A�reemeut, . . Secti�on 9_03. �emedies Not�clnsive. No remedy in this Agreement co�exxed upon.or reserved to the parties is i�ttendcd to be e�cclusive af any othes remedy, and each � remcdy is cu�au�lativ+e and in addition to every other xe�m.edy grven u,�ci�r this Agrec:me�nx or aow or hereaftsr exisiin�at 1aw, in equity or by statut�e: . I .41Z2`ICI�E% � 1Vrscellaneoas . I � Section 14.0�_ Severab�ity o'f TnvaIid Provisians. If any r.lause,provision or section i of t�is Agreememt is held to be iliegal or invalid by any court,t�e invalic�ity of the clause, pzovision or seCtio�w�[not affect any of t�e remaining clauscs, provisions or seCtions,.and I � - vcr1�,be construed 2�ud enfotced as if ffie�Ileaal or m�alid clause, provision or t�us A enck I �cm � SCC�OII�I35 IIOC.�0P11 COIl�II11L. I 'on 10.OZ. Eg�on of eut� A su#�'xc�en�t�ber of copies for�ch i Seciz A'�� pazty agproving this Agr�nem, ea�ch of which sliall be deemed to be an original having i identical legal effect, sball be ex,ecutied.by rhe pardes- - Sec(ion.I0.03. Governing I.aw. Txcis Agreement shali be governed by, and consmied i and enforced in accordazxee witb, the Iaws of the State of Missouri. Set�on I0.04_ Amendme�ts_ This A�eement may be c�anged or amended o�� v�riEtlx i thc conse�at of each party as expressed by re.solution adopted by each party's governi.ng body- ! � Na such chan,ge or amendment sh�ll be eff�tive which waald affect adveisely the prampt ;� � paymcnt when due of all moucys required to be paid by the parti.es under the teims of this I 8 Agraenaent, and no suc�rh��or amendment shail be effective wbich would cause the vioIation of, or default under, any provision of any resolurion, i�adenture or a�.�eement pursuant to which any Bonds are iss�ted: � Se�tion 10.05. Effective Date of Agreeme�at. '�'his AgreemeA�wrl.l be effective from the date of its execut►an by aII of the par(ies hereto_ SectioQ YQ:06. V(�aiver. Any waiver bY�Y P�Y o�rts-z�g�ts under this Agreement must be m writing, and w�l not be deemed a waaver wirh xespecr[o any matter not speeifieaIly cvvered. Nothing iu�this Ab�reement authorizes tbe waiver of aup party's obligarion to mabe paymc� when du.e of all monies reqaired to be paid by the party under the terms of this Agreemeu� Sectioa I0.07. No Third Partp Beneficiaries. No p�rsons other than tb.e part�es and the successors ax�d assi�s of such persc�ns sha11 have any righXs whatsoer�er twder this �eemen� Secxio�a xQ_0$_ Fe�s. In the evern of any dispuze arising hereunder, e�cpenses a�cT fees, inclnd'mg auor�iey's fees> shall be paid by the Party not prevailing in i�e d�s�ute. IN VV][7'NFSS WHERE�F, ti�e parties have caused this A�eement to.be ex�ted � - their names by their duly auth�arized represenratives as of the date firsC above written. CAPE GIRARDEAU COUNTY, MISSOCJIt� � (SF.AI.) BY PriIIteci Name: Tit1e: ATTFST: - 1'rinrsd Name: Title: - 9 � � CITY OF JACg.SON,NIISSOUk� . $y (S�AL) p�ted Name: Tifle: ATTEST: Pri�N�= Titie: � � 10 CITY OF CAPE CIRARDEAU, MISSOURT � (SEAL) $y �ted Nauxe_ Tit�e: A.'�"r'EST: . , Piii�ed Nazne: Titie: � - 1 L �,,,`,,,� MIDAN��RICA HOT�I.S CORPORATIOIV � By: Name: Title_ � . . i _ 12 � . Ac�vow�n�n2�rrr � srA�aF�ssou� � > ss. COUNTY OF ) Qn this day vf , 1999, before me, the nndersigned, a Nofary Public, . � appearcd and ' ; to me personally l�own, wlw; beu�by me duly swom, did say that they are the and of CAPE GIRA.�tDEAU COUNTY, a body politic and corporate duly aWk�o�ized, m�o�orated and existi�umder anci by virdie of t�e laws of the State of Missouri, and tbat the_seal a�ffixed to.the foreaoina in �m m is the corporate seal of said County, and that said instrame�nt was signed and sea�ed in bel�alf of said County 6y aurhorizy of its Coanty Commission, and said officers acknowled�cd said instri�IIt to bc czecuted for thc purposes therein stateci.and as the free act aud deed of said Coimty. IN V�rCNE,SS WHFIZ�OF, I have here;mto sef my hand and affxed my notarial sea1, tbe day.and y�ear lasi ai�ove writben. � Printed I�a�e: ` Noiary Pubiic in and for said Sraie . - \.�;,,� Commissioned in Coti�aty , (SEAI,) My con�mission expxxes: . - l3 �� /� A�TOWLEDCMENT � � STATE OF MISSOURI ) ) SS. CdYTNTY OP ) pm� �y of , 1999, before me, the unde�signed, a Notary Public, aP�� � , Co me personally know�a, wh,o, being bY me dnly sworn, did say that they are tb.e aad of the CTI`X OF YACgSON, MISSOURI, a bod.�politic and co�porate dul� author�zed, inco�orated and existing undea and by vi�xtue of the Iaws of tlie State of Misso�'i, and that ti�e seal affix�ed to the foregoin�;inse�m�nt is ti�e corporate seal of said City, and that _ said m.strumeut was signed and seaied in behalf of said City by anthority of its Board of Alde�en, and said officers acknowledged sa.id instrume�to be e�ecuted�ox tlze purposes t�erein stated and as�the free act and deed of sai�d City. IlV WTI'NESS WI�REO�, I have bereunto set my hand and a:�xed my not-arial seal, t�e day artd year Tast above wriuen- , � Prmted Na.me: Notaiy Pablic in a.nd for said Stafe Commissian�d in Cour►ty (SF..AL). M� commnssiom ezgires: • � � 14 AG�NOWLEDGMII�IT . � STA'�OF M[SSOURTi ) : ) SS- COUNTY OF ) On this . day of , 1999, before me, the imdersigned, a Notary Public, appeared a:�id , to me personatly I�own, who, being by me du.ly sworn, did say that they are the and of the Cx'Y"I'OF CAPE GIRARDEAU, MISSOURI, a body politic and cor�iorate duiy authorized, �ncorporaLed anid ezisting under and.by vir�e of the laws of the Siate of Missonri,:and that the seal aff�ced to the foregoing in. ,mern is tl�e.corporate seal.of said City, and that Said inctn�mr�t�;vas Si�d a4d sealed m behalf of safd Crty by authocity of its Board of Aldeim�n, and.sa.id officers ac�cnowl,edged sa�,d inctn�m�nt to be executed for the puzAoses.therein.stated aAd as the friee act and deed of said C.ity. TI�T'WITNESS�OF, I have her�a s�my hand and af�ixed my notarial seal, tl�e day and ye�r last above writ�en. Printed Name: Notary Public in and for said StatE � Commissioned in County ���) • My cvmmission expires= �5 � � - Fxhi`bit A Center Junction Project Description The Center.�unction Project as proposed,wo�uld involve the construction of a new"north" Iane of K�ngch�_i hway(61-72-34)and vther related improvements generally in an area bounded by Qld Orchard Lane to the west and t�e North County Park Drive and Bonlder Crest i.ntersection to the eas�. The�roject would also invo�ve new entzance and exit ramps�or�-55,on both sides afthe . Intci�stat.e,recoiz.s�uction of the Limbanak►Lane intersechion on the Cape side,and reconstruction of the yVedeldnd Road Intersection on.the Jacl:son side. Upon completion ofthe Project,the exisfiixxg"notth"lane would be demoI'ished anci the t�en excess ri�t-�f-way on the nortb�side would be conveyed to adjoining landowners iucluding Ca�e Crirardeau Gouniy: A�tached hereto.is Alternate#1 as desxgned by the Missou�i Departn�ent of Transportation,which seives to fiuther�.Zlustrate the Project's concepival design. � . - ` . _ - I _ I � I 4� I �� - i � Exh�bii B � Pro Forma Bu.ildout � 17 � � . . I��ESO LUTIONS � � CITY OF CAPE GIRARDEAU,MISSOURI � � Office of the City Manager Council Letter No. 7 3 Agenda February 16, 1999 The Honorable Mayor And Members of the City Council City of Cape Girardeau,lv�issouri Dear Mayor and Council Members: SUBJECT: A Resolution Authorizing Application to the Missouri Department of Transportadon Transportation Equity Act for the 21�Century(TEA-21)Funds for the Construction of Pedestrian Sidewalks along Perryville Road and Lexington Avenue This Resolution will authorize the staff to apply to the Missouri Department of Transportation far funds for the improvement of the community under the activities authorized by the Transportation Equity Act for the 21�Century(TEA-21), a continuation of the Federal Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA). Specifically, the staff would like to prepare an application to provide funding for a sidewalk along � Perryville Road between Lexington Avenue and Cape Rock Drive and along Lexington Avenue between Perryville Road and Cape La Croix Road(Route V�. The need for both of these sidewalks is addressed in the Capital Improvements Program. They are included in the current C.LP.,with Perryville Road scheduled for FY 2001-02 and Lexington Avenue the following year: This scheduling is maintained in the proposed C.LP. for 1999-2000. If we are successful in obtaining a grant for these projects,we could receive up to 80%of the funding from MoDOT: This would allow us to utilize the motor fuel funding programmeci for 2001-02 for the requ.ired match and allow us to do both I projects in the same year. I i i It is recommended that the Counal give first reading consideration of the attached i resolution authorizing the City to apply for TEA-21 funds for these two pedestrian sidewalk � projects. i Respe Submitted, i � � i t M.Bratton ; lanner ' , --�� i � Ivr G r Cn3' er . BILL NO. 9 9-3 3 RESOLUTION NO. � A RESOLUTION OF THE CIT'Y OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF TRANSPORTATION FOR TRANSPORTATION EQUITY ACT FOR THE 21S'� CENTURY (TEA-21) FUNDS FOR THE CONSTRUCTION OF PEDESTRIAN SIDEWALKS ON PERRYVILLE ROAD AND LEXINGTON AVENUE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI,AS FOLLOWS: WHEREAS, the Transportarion Equity Act for the 215C Century (TEA-21), a continuation of the U.S. Intermodal Surface Txansportation Efficiency Act of 1991 (ISTEA), provides funding for sutface transportation enhancement projects, and; WHEREAS, the Missouri Department of Transportation (MoDO"I� is charged with administering such funds and projects in the State of Missouri, and; WHEREAS, the City of Cape Girardeau has needs which may be addressed through the State's Surface Transportation Enhancement Program, among which is the construction of pedestrian sidewalks along Perryville Road between Lexington Avenue and Cape Rock Drive � and along Le�ngton Avenue between Perryville Road and Cape La Croix Road (Route�. NOW,THEREFORE BE IT RESOLVED, by the Ciry of Cape Giraxdeau, Missouri, I that the City desires to apply to the Missouri Department of Transportation for funds for the i improvement of the community undex the activities authorized pursuant to the � Transportarion Equity Act for the 21S`Century (TEA-21). I THEREFORE BE IT FURTHER RESOLVED, that the Ciry Manager of the Ciry of � Cape Girardeau, Missouri,hereby is authorized to prepare and submit documents which are I necessary in applying for funding and to establish the administrative fxamework to implement activities pursuant to the aforementioned act if funding is awarded. i PASSED AND ADOPTED THIS DAY OF , 1999. I A.M. Spradling, III, Mayor I ATTEST: i Ga le L. Conrad I � y Deputy Ciry Clerk CITY OF CAPE GIRARDEAU Ot�ice of the City Manager ` Council Letter Na �5 � Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Crirardeau, Missouri Dear Mayor and Council Members: RE: Resolution Authorizing Application Under Emergency S6elter Grant Program Attached hereto please find a resolution authorizing an application to the Missouri Department of Social Services for an Emergency Shelter Grant. The deadline for submitting applications under this progracn is February 24, 1999. This is the ninth year the City has ma.de a grant application under the Emergency Shelter Grant Program. Steve Williams met with Major Robert Gauthier of the Salvation Army, who has prepared the application for the City to submit. If the City is awarded a twelfth grant, we will contract with the Salvation Army for the provision of prevention and essential services. The application will request$40,000 in ESGP funds to be matched by the Salvation Aimy with $80,000 in local cash, and $10,000 in in-kind contributions. Also, the Salvation Army will receive at least $4,784 in other federal or state grant funds. � The total project costs are $90,000, ptus the additional funding anticipated. This funding will be used to operate the following Salvation Army programs: 1) Rent and utility assistance to keep families together; 2)transient lodging program; and 3)em�rgency food assistance program. i The City is not required to contribute any matching funds for this grant, and as the grantee will be I responsible for overseeing the program. I The staff recommends adoption of the attached resolution authorizing the application for the grant j on behalf of the Salvaxibn Army. i Resp Ily submitted, j ent Bratton j City anner � •— ; 1V�ichael G. er : � City Manager , KBM/MGM/rlf ..' CITY OF CAPE GIRARDEAU, MISSOURI OtTice of the City Manager � Council Letter No. �4 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Resolution Authorizing Application Under Emergency Shelter Grant Program Attached hereto, please find a resolution authorizing an application to the Missouri Department of Social Services for an Emergency Shelter Grant. The deadline for submitting applications under this program is February 24, 1999. This is the ninth year the City has made a grant application under the Emergency Shelter Grant Program. Steve Williams met with Cheryl Robb-Welch of the Safe House for Women, Inc., who has prepared the application for the City to submit. If the City is awazded a twelfth grant, we will contract with the Safe House for Women, Inc. for operations, essenrial services, and prevention services. The applica.tion will request $20,500 in ESGP funds and a waiver for the cash match to the grant. � The total ro'ect costs are 20 500 p � $ , . Tlus funding vv�ll be used to operate the follovv�ng Safe House for Women Shelter programs: 1) Utilities to operate the shelter; 2) emergency food assistance, health, and � education programs; 3)utility assistance to keep families together; and 4) security deposits. i I The City is not required to contribute any matching funds for this grant, and as the grantee will be j responsible for overseeing the program. � I The staff recommends the adoption of the attached resolution authorizing the application for the i grant on behalf of the Safe House for Womeq Inc. j i Res ect ll submitted I � P Y � ; i ��� -ti*^� I Kent . Bratton City lanner ; Micha.el G. ler ; � City Manager , KMBJMGM/rlf BILL NO. 99-44 RESOLUTION NO. � A RESOLUTION AUTHORIZING APPLICATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR SAFE HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCLTMENTS 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 grant applications to the Missouri Department of Social Services under the Emergency Shelter Grant Proqram for the Safe House for Women, Inc. and The Salvation Army, and is hereby authorized to execute all necessary grant documents . A copy of said applications is attached to this Resolution and made a part hereof . PASSED AND AUOPTED THIS UAY OF , 19 � A. M. Spradling, III, Mayor j ATTEST: I � Gayle L. Conrad Deputy City Clerk � �� :.� �,.i �:a � �� �. : �3�,' ��:: � � �� � � � � � `_ � �` iNC . F Q.:R ��l�'O M,��'�1 , ,:: ��::_ P.O. BOX I 167 • CAPE GIRARDEAU, MO 63702-I 167 24 HOUR HOT LINE: 573-651-1614 • TOLL FREE HOTLINE: I-800-341-I830 BUSINESS OFFICE: 573-335-7745 • FAX: 573-335-6435 • E MAIL: safe�ldd.net Mr. Robert Rickazd Missouri Department of Social Services Emergency Shelter Program Grant P.O. Box 310 Jefferson City,Missouri, 65102-0310 Dear Mr. Rickard, Enclosed herein please find our application for funding for emergency shelter services. The Safe House for Women, Inc. nearly always operates at capacity and since opening the shelter in 1991, our organization have served 1,500 women and children with 20,410 bednights of safe shelter and supporting services. The demand for supporting services for victims of domestic violence continues each day The Safe House for Women, Inc. is in operation. Of the 114 counties in Missouri,there are only 18 counties with shelter available to � victims of domestic violence. The Safe House for Women, Inc provides services to Cape Girardeau County and surrounding counties. Our shelter and service have excellent support and recommendation in the community and strive to ensure the best possible services to victuns of domestic violence. In our effort to serve homeless victims, we are reminded that the previous shelter in Cape Girardeau was forced to close due to lack of funding. The closing of the shelter i resulted in no refuge for victims of domestic violence until The Safe House for Women, Ina j shelter was opened. Our organization is hopeful that with the funding, such as our requested roved to hel continue services to homeless victims of domestic i ESGP Funds,will again be app P ess will not occur. i violence and assisting vv�th women and ctuldren that homelessn We sincerely hope you will look favorably upon our petition and appreciate any ! consideration you might offer in this regard. Please contact Cheryl Robb-Welch or Dena Pehhnan T'hanlc ou for our assistance. or comtnents. i at 335-7745 if you have any questions Y Y Respectfully, j �' Dena Pehlman, Shelter Director, The Safe House for Women, Inc. � i � �� �.;;::;•. . . . . •.•. •_ � APPLICATION ` ,� �. - � �a MISSOURI '<i "' 1999 EMERGENCY SHELTER GRANT PROGRAM (ESGP) Contract Exhibit A The following information is to be provided by the Applicant (local government)for each proposed service provider agency. Application must be postmarked no later than Wednesday, February 24, 1999 and returned to: MISSOURI DEPARTMENT OF SOCIAL SERVICES DIVISION OF FAMILY SERVICES ATTN: ROBERT RICKARD EMERGENCY SHELTER GRANT PROGRAM P.O. BOX 310 JEFFERSON CITY, MISSOURI 65102-0310 SECTION I: GENERAL INFORMATION A. Name of City or County/(Grantee): C;r�, �,f ranP [�;rardeau StreeUBox Number 401 Independence Street City and Zip Code Cape Girardeau, Mo 63703 Contact Person Michael c. rsiiier � Tltl@ Citv 1�Ianaqer Phone Number ' (573) 334-8326 B. Service Provider AgencylOrganization Responsible for Grant Activities (Subgrantee): Tne Safe House for Women, Inc. Street/Box Number P, o. soX ii6� City and Zip Code Cape Girardeau, Mo 63702-1167 Contact Person Cheryl Robb-Welch Dena PehLnan Title Executive Director Shelter Director Phone Number (573) 335-7745 C. ESGP Funds Requested for total project $ 20,500.o0 Reauest must include total of all subqrantees. Not more than 575�000 or less than �5,000 per grantee (county/city entity) SECTION II: ELIGIBILITY A. Funds will be obligated by June i , �ggg. (Must be obligated by local govemment no later than 180 days after grant award by the State). B. Obligated funds will be expended by r�Y 3i , 2000 � MO 886-2369 <Reir.1/99� 1 � (Circle YES, N0, or Not Applicable (N/A) for the fotlowing questions) C. The proposed non-profit service provider agrees to YES NO not discriminate in the provision of assistance on the basis of sex, race, color, religion, national origin, age, handicap, veteran or resident status. If statement is true answer"YES". D. The amount of funds, value of services, buildings, YES NO N/A or materials to be provided locally for that project is equal to or greater than that specified in Section I, C of this application. E. The amount of ESGP funds requested for YES NO N/A the provision of Essential Support Services, (not including prevention services), does not exceed 30% of the Total ESGP Grant requested. If statement is true, answer "YES." F. The applicant agrees that Emergency Shelter YES NO N/A funds will not be used to pay for acquiring a � building or land, mortgages, renting commercial or transient accommodations, any administrative costs for rehabilitation inspection services, loan processing or other similar professional services. If statement is true, answer "YES." G. Local government will not use more than 2% of their YES NO N/A ESGP award for cost they incur to administer the Emergency Shelter Grant Program. If statement is true, answer"YES:" (Service Provider Staff costs included in category of operations) I H. If ESGP funds are used for shelter operations YES NO N/A j and/or essential services the building will be used as 0 a shelter as long as Federal assistance is received. If statement is true, answer "YES." I. If ESGP funds are used for rehabilitation, other YES NO N/A than major rehabilitation or conversion, the building i will be used as a shelter for at least three years. If I statement is true, answer"YES." J. The emergency shelter building will meet local YES NO N/A ove safet and sanitation standards housin � mment , 9 9 Y and building codes after project completion. If statement i is true, answer"YES." (Answer N/A if ESGP j funds are not used for Rehab.) i �O 886-2369 �Re�.1/9$� ? i K. Homeless individuals will be given assistance YES NO N/A obtaining permanent housing, medical and � mental health treatment, counseling, and other state and federal assistance. If statement is true, answer "YES." NOTE: If NO is the response to any of the above questions, stop here and do not submit an application. (Exception: D, and E, a "NO" answer may be approved by the State under special circumstances. SECTION III: ELIGIBILITY OF REHABILITATION. CONVERSION AND RENOVATION ACTIVITIES A. Does rehabilitation, conversion, or reno- YES NO N/A vation activities involve a building on the National Register of Historic Places, located in a Historical District, immediately adjacent to a property listed on the National Register, or deemed to be eligible for inclusion on the National Register by the State Historic Preservation O�cer'? Answer N/A if not making improvements on a building with ESGP funds. B. Is the building to be improved owned by an YES NO N/A organization with religious purposes stated �,,�' in By-laws, or Articles of Incorporation? Answer N/A if not making improvements on the building with ESGP funds. C. Will the estimated value of the improvements YES NO N/A exceed 75% of the appraised value of the building before the improvements are made? (Answer N/A if not making improvements on the building with ESGP funds) D. If you answered YES to C, will your agency YES N N/A provide assurances that the building will �emain emergency shelter for the next ten years? (Answer N/A if not making im- provements on building with ESGP funds) E. Will the applicant provide assurances that YES NO N/A any building or rehabilitation or remodeling project is in compliance with Environmental Protection Requirements of 24 CFR 576.52 and 24 CFR Part 58. NOTE: If you answered NO to D. or E., please do not submit an application. � MO 886-2369 �Re�r.1/93� 3 Definitions � o Homeless: means an individual or family which lacks a fixed, regular, and adequate nighttime residence: or an individual or family which has a p�imary nighttime residence that is: a super- vised publicly or privately operated shelter, designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for persons with mental illness): an institution that provides a temporary resi- dence for individuals intended to be institutionalized: or a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. o ESGP: means Emergency Shelter Grant Program. o Local Cash Funds: include all cash donated by the city, nonprofit organization, or from other private sources. Do not include any funds derived from any state or federal sources. Include only those funds spent on the emergency shelter projects for which grant monies are to be spent. o Emerqencv Shelter: means any facility, the primary purpose of which is to provide temporary or transitional shelter for the � homeless in general or for specific populations of the homeless. o Local Non-Cash Resources: may include all public, private, and I not-for-profit donations made after the date of the grant award to the grantee, including the value of any donated material or i building, the value of any lease assigned on a building, any salary paid to staff, the volunteer time valued at $5.00/hour, or i any other local resources. I o Other State/Federal Aqencv Funds: proposal must include a copy of i a letter of commitment from the agency administering the state or i federal funds, if these funds are used to meet matching requirements. o Renovation: rehabilitation that involves costs of 75% or less �i than the appraised value of the building before rehabilitation. o Maior Rehabilitation: rehabilitation that involves costs in i excess of 75% of the appraised value of the building before rehabilitation. i o Conversion: a change in the use of a building to an emergency � shelter for the homeless, where the cost of conversion and any j rehabilitation exceed 75°� of the value of the building before ' � conversion. MO 886-2369 �ReY.1/99� 4— o Essential Service: includes (but not limited to) services concemed with employment, physical health, mental health, substance abuse, education, food, o� salary necessary to provide such services. Grant amounts � provided to grantee may be used to provide an essential service only if the senrice is a new service or a quantifiable increase in the level of a service above that which the grantee provided with local funds during the 12 calendar months immediately before it received the initial grant. o Homeless Prevention: means activities or programs designed to pre- vent the incidence of homelessness, including (but not limited to): (a) Short-term subsidies to defray rent and utility arrearages for families that have received eviction or utility termination notices; (b) Security deposits or first month's rent to permit a homeless family to move into its own apartment; (c) Mediation programs for landlord-tenant disputes; (d) Legal services programs for the representation of indigent tenants in eviction proceedings; (e) Payments to prevent foreclosure on a home; and (fl other innovative programs and activities designed to prevent the incidence of homelessness. o Administration: includes administrative costs associated only with the unit of local governmPnt incurred in administering the local ESG program. These costs do not include any costs associated with operating, maintaining, or providing support services for the emergency shelter. The local govemment may use no more than 2% of their ESGP award for this administrative cost. �..� o Operations: includes costs associated with operating, maintaining, or providing services for the emergency shelter. In addition, the Housing and Community Development Act of 1992 Section 1402(e) (Public Law 102-550, approved October 28, 1992) amended Section 414(a)(3) to allow 10 percent of ESG allocation to be spent on staff costs of operations related to emergency shelter. The statute also requires you to involve, to the maximum extent praeticable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG Program, in providing services for occupants of these facilities (42 U.S.C. 11375(c)(7), as added by Section 1402(b) of the Housing and Community Development Act of 1992. " Termination of Assistance: Section 1402(d) Housing and Community Development Act of 1992 amends Section 415 of the Stewart B. McKinney Homeless Assistance Act by adding a subsection that requires that termination of assistance to any individual or family be in accordance with a formal termination process established by the recipient. This addition to the statute states: "If an individual or family who receives assistance... from a recipient violates program requirements, the recipient may terminate assistance in accordance with a fonnal process established by the recipient that recognizes the rights of individuals affected, which may include a hearing." � 1�0 886-2369 <ReY.1/99� �- INSTRUCTIONS FOR SECTION IV: COST SUMMARY � Applicants must fill in items on the Cost Summary Form. (Round amounts to nearest $100). All "OTHER" expenditures must be specified. Descript. of Expend. TOTAL Local Local Other State ESG FUNDS Cash Non-Cash or Federal REQUESTED Funds Funds Grant Funds I. REHAB.,CONVERSION, _ and RENOVATION A. Renovation B. Major Rehab. C. Conversion SUB TOTAL II. OPERATIONS A. Maintenance B. Insurance C. Utilities 9 D. Telephone E. Furnishings F. Appliances G. 10% staff � H. Other (specify I SUB TOTAL 0 0 III. ESSENTIAL SUPPORT � SERVICES I A. Employment B. Food C. Health I D. Drug/Substance Abuse E. Education i F. Perm. Housing Referral G. Transportation il H. Other(specify) SUB TOTAL 5500.00 IV. PREVENTION SERV. i A. Client Rent B. Mortgage ��I C. Utilities D. Security Deposit SUB TOTAL i V. ADM. ESGP Local Gov. only � 2% Limit 0 0 0 TOTAL 20,500.00 � � � i MO 886-2369 <Re�.1/9�� �- ,I MATCHING FUNDS MADE AVAILABLE DURING THE CONTRACT PERIOD FOR THE ESGP. 1. Cash Funds. Describe the source of the cash funds. � Last year we received a waiver for the cash match on this grant, and we are requesting this again this year. We have donations available for matching, if required, but would respectfully request a zero match. 2. Non-Cash Resources. Describe the source and value of any non-cash resources including materials, salaries paid by local agency, volunteer labor ($5.00/hour allowed), the appraised value of any donated building, or other sort match. N/A 3. Other State/Federal AQencv Grant Funds. Describe the source of the funds and precisely what the funds are to be used for. A letter of commitment from the relevant state/federal funds are to be used to meet matching funds requirements. N/A � 4. Waiver. Section 832 of the Cranston-Gonzalez National Affordable Housing Act makes substantial changes to the Emergency Shelter Grant Program (ESGP) regulations. One change is the elimination of the first$100,000 of the Missouri ESGP match requirements. The Missouri Dept. of Social Services intends to pass this benefit to units of local govemment in behalf on the emergency shelter/service providers who demonstrate inability or hardship in meeting the match requirement. Applicants wishing to be considered for a waiver or the match requirement must furnish an explanation of need. Indicate the amount of the match requested waived and the reason why a waiver is needed. Please see attached form 5. Confidentialitv. Section 832 of the Crantson-Gonzalez National Affordable Housing Act changes the ESG Program that require grantees to develop procedures to ensure confidentiality of victims of family violence. Indicate below how this requirement will be met to protect victims of family violence in your shelter provider organization. � Please see attached form. MO 886-2369 <Re�.1/953� Z SECTION V: ACTIVITY DESCRIPTION NARRATIVE (Answer all items) � A. Activities. 1. Briefly describe the purpose and scope of the agency providing services to the homeless. Include a list of all staff, their educational background and related work experience. If homeless individuals are a part of this please so indicate. Please see attached forms of mission statement,list of staff, educational background and experiences, and additional information regarding experience in domestic violence. I I I � 2. Describe how ESGP funds for each category requested in this ; application will be used. � UTILITIES- Our facility is a 24 hour staffed shelter that providEi services to an average of 30 to 40 people monthly. Our services � are free and confidential and utility services/assistance i is important and vital to the operation of the shelter. � FOOD- Providing food to the homeless victims of domestic violencEi ia a major service. Our request is the same as last year due to � assistance our organization receives from local food drives. ESGP funds are needed to purchase perishables such as milk, breadl fruits, vegetables, etc. HEALTH- This amount requested will assist women and children with health related needs for doctor visits and medications while waiting services regarding insurance and other vital � financial resources . i EDUCATION- This amount will allow our organization to supply i victims of domestic violence with the education and resources -�� 3. The Department of Social Services is permitted to use 5% of � the State's 1999 ESGP award for administrative purposes. Federal statute specifies that the State share the amount available with local govemments who recerve ESG P awards from i the State. As a result, 2% of the amount awarded by the ; State will be provided to local govemments who are participating in the program for administering their grant. Provide description i � of expected use for this request and the amount needed. �O 886-2369 �ReY.1/9$� $- pQeded to break the cycle of domestic violence and empower them to make the necessary choices to benefit them and their children. PREVENTION SERVICES- UTILITIES- In an effort to help � families who have moved from the shelter into affordable housing maintain their homes and prevent a return to the shel due to financial difficulties. PREVENTION SERVICES- SECURITY DEPOSITS- Studies have shown that women abused by another individual return to the abuse because of finances and the belief they have no where else to go. Assistance in obtaining housing will allow the women and children the option not to return to an abusive environment. � ,._ . � B. Describe how the following assistance will be provided to � persons served by your agency: 1. Permanent Housing Refenal Services The Safe House for Women, Inc. works closely with other social service agencies in providing referrals and assistance. 2. Overnight Shelter The Safe House for Women, Inc. provides safe, secure, free, and confidential shelter to homeless women and children of domestic violence. 3. Medical Services Cape Girardeau Rural Health Services provides assistance and referrals to low income families, Cape Girardeau Medical Alliance has been able to provide assistance and referrals for treatment 4. �iil��et��snS�n/�Ces�(�`app�ic.faPbl�°use for Women, Inc. The Safe HOuse for Women, Inc. has a children' s advocacy program essential for the safety and well being of the children whom have witnessed violence. This program offers activities and support. 5� Mental Health and/or Drug Abuse and/or Counseling Services � The Safe House for Women, Inc. has a professional counselor on st� l and we also refer to Community Counseling Center, Family Counseli: Center and Lutheran family and Children Services, Gibson Center I 6. Referral to other State or.Federal Programs and c-star. j � We refer clients to federal and state programs beneficial to thei � needs . I 7. Employment Services i We refer clients to Area Vocational Technical school, Jump Start j Program, Southeast Missouri state University, and area employment I agencies. We encourage financial assistance and registering with j Missouri Job Services. 8. Transportation ; The Safe House for Women, Inc. utilizes staff, volunteers, and thfl local cab service for transportation at no cost to the clients. i 9. Food The Safe House for Women, Inc. provides all meals and nutritioriali needs for the clients . Our non-residential clients receive food when needed. We receive food from The Bootheel Food Bank and j Government Commodities. 10. Prevention ' f r s consists of a mentorin rogram, peer suppi Our prevention ef o t 9 P groups, individual counseling, and encouraging women to become i independent by developing job skills and daily living skills. ,' W w t ncrease our utility and security deposit amounts to e 11. 8the$��pec°fy� independence and breaking the cycle of violence. i � Individual counseling, peer support groups, mentors, children' s � activities positive and safe living are addressed to the women an children who are victims of domestic violence. MO 886-2369 �Re�.1/9�� 9- ! INSTRUCTIONS FOR SECTION VI: HOMELESS NEEDS o Homeless persons are defined as families and/or individuals � who are poor and have no access to either traditional or permanent housing (see definition on page 4 of application. "Poor" generally means pe�sons below the poverty level, below 50% of the median income for the area, and who have little savings. Estimates of the number of homeless persons being, or planned to be, served should be based on data available, experience, or an assessment of need in your community for the particular homeless population to be served. The homeless may include: homeless, neglected, and dependent children not under court intervention, street people, abused persons who have left their home and abusers with little money, little income, or persons with such low income that there is little affordable housing available for them or their families. o Under this program an emergency shelter should be a shelter that does not provide assistance on a long-term basis. These shelters generally should not provide accommodations for more than a few months to the same person. Emergency shelters generally should provide services that will sustain homeless persons through a period of hardship. A. Describe the characteristics of the population to be served � by the emergency provider in terms of race, sex, reasons for being homeless, age, and marital status. Battered women and children fleeing domestic violence often have no where to go except the shelter, The Safe House for Women, Inc. Our shelter provides emergency, free shelter and supportive servic to homeless victims of domestic violence regardless of race, age, or marital and financial status. B. Estimate the number of homeless persons in your city/county having the characteristics described above. Indicate the source or base fo�your estimate. Since opening the shelter in 1991 , the organization has served over 1500 women and children for a total of 20,410 bednights. We receive an average of 57 crisis calls per month. our non residE consists of over 170 whom continue to receive support. C. Does the provider serve meals? YES NO D. Does the provider serve food other than meals? YES NO � MO 886-2369 �ReY.1/98� 10 SECTION Vi: HOMELESS NEEDS (Con't) � E. Number served in an average day/night? 5 _ F. Estimate number of persons served by your present or proposed agency in one Year. 2 � - G. What is the present capacity of your sheiter? �a If expansion is planned within the next 12 months, what will be the new capacity when project is completed? N/A H. List all existing emergency shelters in your city/county area. Show the capacity of these shelters to serve the homeless population and characteristics of the population served. (Include your present shelter and activities). SHELTER CAPACITY POPULATION SERVICED I I 1. The Safe House For Women, Inc. 18 Victims of domestic violence and their � 2 minor children. i 3. � 4. 5. � 6. i 7. 8. 9. 10. I. Describe data which led you to the numbers shown in E, F, and � G, above in Section VI. Records and statistics compiled monthly by The Safe House � �0�` WO�I@ti r ��@. i 11 ; _ MO 886-2369 �Re�.1/9�� , SECTION �/II: LOCAL GOVERNMENT GRANTE� EMERGENCY SHELTER GRANTS PROGRAM CERTIFICATIONS BY THE CHIEF EXECUTIVE OFFICER � �, Michael c. Miller, city Manager , Chief Executive OfflCef Of The Citv of Cape Girardeau, Missouri , certify that The City of Cape city or county name city or Girardeau, Missouri will provide the matching supplemental funds required by the county name regulation at 24 CFR 576.71. I have attached to this certification a description of the sources and amounts of such supplemental funds. I certify that the city of Cape Girardeau will comply with: city or county (1) The requirements of 24 CFR 576.73, conceming the continued use of buildings for which emergency shelter grants are used as emergency shelters for the homeless; (2) The building standards requirement of 24 CFR 576.75; (3) The requirements of 24 CFR 576.77, concerning assistance to the homeless; (4) The requirements of 24 CFR 576.79(a) and other applicable Federal law �,,,+� conceming non-discrimination and equal opportunity; and (5) The environmental review regulations 24 CFR 576.52 and 24 CFR Part 58, and procedures under, section 104(g)(1) of the Housing and Community Development Act of 1974, as made applicable by Section 482 of the Stewart B. McKinney Homeless Assistance Amendment Act of 1988, and the Cranston-Gonzalez National Affordable Housing Act of 1990. (6) The requirements of 24 CFR 576.3 and of Section 832, Section 832(b), Section 832(c), Section 832(d), Section 832(e)(1) and Section 832(e)(2)(c) of the Cranston-Gonzalez National Affordable Housing Act of 1990 conceming administration of ESG program and ensuring confidentiality of victims of family violence. I certify that the submission of applications for emergency shelter grants is authorized under state and/or local law and that the citY of Cape Girardeau city / county name govemment possesses legal authority to carry out emergency shelter grants activities in accordance with applicable law and regulations of the Department of Housing and Urban Development including other federal requirements and the State of Missouri. � MO 886-2369 �ReY.1/99� 12 Add�tionally, I certify that use of emergency shelter grant amounts will comply with the following requirements: � (a) Non-discrimination and Eaual Opportunitv (1) The requirements of Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 1001; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d and 2000d-4) implementing regulations issued at 24 CFR Pa�t 1; (2) The requirements of 24 CFR 576.79(a)(2), the prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146 and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; � I (3) The requir_:nents of Executive Order 11246 and the regulations issued under the Order at 41 CFR 60; (4) The requirements of section 3 of the Housing and Urban � � Development Act of 1968, 12 U.S.C. 1701 u (see 24 CFR � � 570.607(b); i (5) The requirements of Executive Orders 11625, 12432, and � 12138. Consistent with HUD's responsibilities under ; these orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in ; connection with activities funded under this part; and ; (6) The requirement that the grantee make known that the use � of the facilities and services is available to all on a nondiscriminatory basis. Where the procedures that a grantee or recipient intends to use to make known the availability of such facilities and the ESGP services are unlikely to reach persons with handicaps or p ersons of any particular race, color, religion, sex, age or ,' national origin who may qualify for such services, the ; recipient or grantee must establish additional procedures that will ensure that these persons are made aware of the facility and services. Adopt and implement procedures designed to make available to interested persons information conceming the existence and location of services and facilities that are accessible to persons � � with a handicap. Regulations of 24 CFR 576.79(a)(6). 13 �O 886-2369 �Reiz.1/99� — (b) Applicabil�tv of OMB Circulars. The policies, guidelines, and requirements of 24 CFR Part 85 and OMB Circular No. A-87, as they relate to the acceptance and use of emergency shelter grant amounts � by states and units of general local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private non-profit organizations. (c) Lead-Based Paint. The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) and implementing regulations at 24 CFR Part 35; and of 24 CFR Part 576.79(c). (d) Conflicts of Interest. In addition to conflict of interest requirements in OMB Circulars A-102 and A-110, no person (1) who is an employee, agent, consultant, officer, or elected or appointed official of the grantee, state recipient, or non-profit recipient (or any designated public agency) that receives emergency shelter grant amounts and who exercises or has exercised any functions or responsibilities with respect to assisted activities or (2) who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontraet or agreement with respect thereto, or the proceeds thereunder, either for him or herself or those with whom he or she has family or business ties, during his or her tenure or for one year thereafter. HUD may grant an exception to this exclusion as provided in 570.611(d) and (e) of this chapter. � (e) Use of Debarred, Suspended, or Ineliqible Contractors. The provision of 24 CFR Part 24 relating to the employment, engagement of services, awarding of contracts, or funding of any contractors or subcontractors during any period of de- bannent, suspension or placement in ineligibility status. (fl Uniform Federal Accessibilitv Standards. For major rehabili- tation or conversion, the Uniform Federal Accessibility Standards at 24 CFR Part 40, Appendix A. (g) Illeqal Use of Dru4s and Alcohol. The recipient and project sponsor conducting activities, funded in whole or in part with McKinney Act funds, to assist the homeless population in this jurisdiction, will administer, in good faith, a policy designed to ensure that the assisted homeless facility is free from the illegal use, possession, or distribution of drugs or alcohol by its beneficiaries. (h) Audit. Acceptance of an ESGP contract requires the grantee and subgrantee(s) to comply with the audit requirements of Office of Management and Budget (OMB) Circulars A-128 or � A-133, and also acknowledges that cognizant federal and state representatives shall have access to pertinent records during normal business hours. �O 586-2369 �Rev.1/9l9� � (i) Oblipation of Grant Funds. The requirement that each State � recipient must have its grant amounts obligated (as that term is defined at 576.3) within 180 days of the date on which the State made the grant amounts available to the State re- cipient. In the case of grants for homeless prevention ac- tivities under 576.21(a)(4). State recipients are required to obligate grant amounts within 30 days of the date on which the State made the grant amounts available to the State recipient. (j) Expenditure of Grant Funds. The requirement that each grantee (city/county) recipient must spend all of its grant amounts within 24 months of the date on which the State made the grant amounts available to the State recipient. In the case of grants for homeless prevention activities, State recipients must spend such sums within 180 days of the date on which the State made the grant amounts available to the recipient. (k) Provision of Assistance to Primarv Reli4ious Orqanization. The limitation on assistance at section 576.22 (b)will be met in the use of ESGP funds. � (I) Relocation and Acquisition. The requirement that each grantee I (city/county government) must comply with acquisition regu- ! � lations at 576.80 to minimize displacement of persons � businesses, nonprofit organizations as a result of project ! assistance under this program, and to provide relocation � assistance for displaced persons. � i (m) Contractual Provisions for Inclusion in ESGP Aqreements i Between Grantees or State Recipients and Primarilv Reliqious ; Or4anizations for the Provision of Essential Services and Pavment of Oqerational Costs (575.21(a)!2) and (3). In addition to, and not in substitution for, other provisions of this agreement regarding � the provision of essential services and/or the payment of operational costs for emergency � shelters pursuant to the Emergency Shelter Grant Program, the Provider: i (1) represents that it is, or may be deemed to be a religious or denominational i ' n or or anization or an or anization o erated for religious � institutio g g P purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; and I (2) agrees that, in connection with such essential services and operational costs: � � a. it will not discriminate against any employee or appli- I n on the basis of reli ion and will cant for employme t g not limit employment or give preference in employment to persons on the basis of religion; 15 i MO 886-2369 <Re�.1/99� — , b. they will not discriminate against any pe�son applying � for shelter or any of the eligible activities under this part on the basis of religion and will not limit such housing or other eligible activities or give preference to persons on the basis of re�igion; and c. it will provide no religious instruction or counse- ling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other re- ligious influence in the provision of shelter and other eligible activities under this part. Signature of Chief Executive Officer (Date) (Local Government) � (SEAL) � 16 �O 886-2369 �Re�.1/99� — The Safe House for Women, Inc. 1999 Emergency Shelter Program Grant � REQUEST OF WAIVER We are respectfully requesting that any match be waived. We have completed extensive remodeling at our shelter to better accommodate our homeless clients, much of the cost was at our own egpense, with the ezception of prior ESGP funds received and applied to renovation ezpenses. Our shelter has been and continues to be utilized at a mazimum capacity at nearly all times with victims of domestic violence. We would like to continue to provide our much needed services of emergency shelter with no interruption to our clients and would anticipate that a zero match of funding of this I grant would be better enable us to do so. � � i � i � I � � � � The Safe House for Women, Inc. 1999 Emergency Shelter Program Grant � CONFIDENTIALITY The Safe House for Women, Inc. has a confidentiality policy that is strictly enforced. Our confidentiality procedures are designed to ensure the privacy, safety, and identity of our clients. Alt information provided by clients to any crisis advocate,couaselor, legal advocate, shelter director, and ezecutive director,or representative wilt be considered confidential. Client records aad other information pertaining to clients and services received are handled in confidentiality. Staf�, volunteers, and representatives are informed of our confidentiality policy. A breech of confidentiality will result in immediate dismissal. A signed release of information is required each time client information and residency is divulged to any individual or social agency. The release will specify and identify the information to be released, to whom, for what purpose, and for what period of time. A medical release of information will be required as part of the service agr�ements so that emergency treatment may be obtained,when appropriate. A client may, at any time, invalidate the release of information. � � The Safe House for Women, Inc. 1999 Emergency Shelter Program Grant � PURPOSE AND SCOPE OF THE AGENCY The mission statement of The Safe House for Women, Inc. is to break the cycle of domestic violence by developing community awareness and involvement; providing safe shelter and confidential services; and empowering victims of domestic violence to take effective contrnl of their lives. The services we provide to women and children are a twenty four hour crisis hotline,emergency food and shelter, transportation, legal advocacy, professional counseling, peer support groups,volunteer/mentor program, education, iife skills training, and counseling services. � I I � i i The Safe House for Women, Inc. 1999 Emergency Shelter Program Grant PERSONNEL QUALIFICATIONS �✓ Executive Director Cheryl Robb-Welch - Bachetor of Science, Criminal Justice, Truman University, 1990. The Safe House for Women, 1998. Deputy with the Cape Girardeau County Sheriff's Department, 1990-1998. Trained in Seaual Assault Investigation, Death Investigation, Domestic Violence and Chitd Abuse Investigation. Traiaing supplied by Missouri State Highway Patrol, Missouri Law Enforeement Institute, Cotumbia, and St. Louis Medical University Medicolegal Death Investigation, Office of Missouri Prosecutors and Division of Famity Services. Shelter Director Dena Pehlman- Bachelor of Science,Criminal Justice, Southeast Missouri State University, 1998. Bachelor of Science, Psychology, Southern Iltinois University at Edwardsville, 1996. Associate Degree in Social Criminal Justice, Lincolnland Community Coltege, 1993. The Safe House for Women, Inc. 1998. Security/Childcare worker, Cape Girardeau County Juvenile Detention Center, 1997-present. Division of Youth Services, 1996-present. Eztensive background in Domestic Violence, Child abuse and Neglect, Famity Violence, law enforcement,juvenile delinquency, volunteer work with Americorps, Missouri Probation and Parole. Counselor �``"� Emily McClernon, MSW- Masters Degree, Social Work, Southern Illinois University, Carbondale, 1998. Eztensive knowledge with Domestic Viotence, Post Dramatic Stress Syadrome, Mentat Illness, The Safe house for Women, Inc.- 1998. Legat Advocate/Crisis Advocate Cindy Schmoll, Bachelor of Science, 1998, Southeast Missouri State University. The Safe House for Women, Inc., 1997. CASA Volunteer, training in domestic violence, famity violence and javenite delinquency. Crisis Advocate/Shift Coordinator Stephanie Summers, four semesters completed at Southeast Missouri State University. The Safe House for Women, Inc., 1995. Eztensive training in domestic viotence, social service agencies, and community services. Crisis Advocate/Shift Coordinator Teresa Harris, Cape Girardeau Vocational Technical School, GED program. The Safe House for Women, Inc., 1998. Division of Planning Services, Lutheran Home, 1997. Crisis Advocate/Volunteer Coordinator Betty Freeman, Bachelor of Science, 1998, Etementary Education, Southeast Missouri State University. The Safe House for Women,Inc., 1996. Teacher with � The Safe House fShel er�Program Grant 1999 Emergency � Washin ton Grade School, Gibson Recovery Center, Counselor, Outpatient Coordinator. g Works with Children and Family Services. Crisis Advocate/Shift Coordinator Roni Iioward, Bachelor of Science, Criminal Justice, Southeast Missouri State I 1997. Cape Girardeau County Juvenile University, 1996. The Safe House for Women, nc., Deputy Officer,Extensive training in famity violence and juvenile delinquency. Crisis Advocate/Volunteer Coordinator Linda Schild,Bachelor of Science,Education, 1973. Masters Degree,Biology, 1983. Thirty hours towards Doctoral degree• The Safe House for Women,Inc., 1995. Teacher, Central Junior High School. Special Probation Officer, needs of family violence,domestic violence. Crisis Advocate/Shift Coordinator Nicote Hensley, Bachelor of Science, Criminal Justice, Southeast Missoua din te University. The Safe House for Women,Inc., 1998. Training in legal issues reg g domestic violence. � � j ,.... .• ....;. . .• . . •.•. _ t �� . APPLICATION � ' `° MISSOURI � "� '�� 1999 EMERGENCY SHELTER GRANT PROGRAM (ESGP) Contract Exhibit A The following information is to be provided by the Applicant (local government) for each proposed service provider agency. Application must be postmarked no later than Wednesday, February 24, 1999 and returned to: MISSOURI DEPARTMENT OF SOCIAL SERVICES DIVISION OF FAMILY SERVICES A1TN: ROBERT RICKARD EMERGENCY SHELTER GRANT PROGRAM P.O. BOX 310 JEFFERSON CITY, MISSOURI 65102-0310 SECTION I: GENERAL INFORMATION A. Name of City or County/(Grantee): City of Cape Girardeau StreeUBox Number 4 01 Independence st. , P, o. Box 61� City and Zip Code Cape Girardeau, MO 63702-0617 Contact Person Michael Miller � Title Citv Manaqer Phone Number � (573) 334-1212 6. Service Provider Agency/Organization Responsible for Grant Activities (Subgrantee): The Sal�atin� Army StreeUBox Number 7 01 Good Hope, P. o. Box 8 0 2 City and Zip Code Cape Girardeau, MO 63702-0802 Contact Person Robert Gauthier Title _�aj or Phone Number {573) 335-7000 C. ESGP Funds Requested for total project $_ 4 0,o 0 0.o 0 Request must include total of all subQrantees. Not more than �75,000 or less than �5,000 per grantee (county/city entity) SECTION II: ELIGIBILITY A. Funds will be obligated by June � �ggg. (Must be obligated by local government no later than 180 days� after grant award by the State). B. Obligated funds will be expended by May 31 , Z000 � �O 886-2369 (ReY.1/99) 1 i � (Circle YES, NO, or Not Applicable (N/A) for the following questions) �. The proposed non-profit service provider agrees to ES NO not discriminate in the provision of assistance on the basis of sex, race, co�or, religion, national origin, age, handicap, veteran or resident status. If statement is true answer"YES". p. The amount of funds, value of services, buildings, ES NO N/A or materials to be provided locally for that project is equal to or greater than that specified in Section I, C of this application. E. The amount of ESGP funds requested for YES NO NIA the provision of Essential Support Services, (not including prevention services), does not exceed 30% of the Total ESGP Grant requested. If statement is true, answer"YES." F. The applicant agrees that Emergency Shelter YES NO N/A I funds will not be used to pay for acquiring a entin commercial es r building or land, mortgag , 9 . e mmodations, any administrativ � transient acco . or s loan ice ' n serv , costs for rehabilitation inspectio er similar rofessional services. sin or oth p proces g , „ i If statement is true, answer 'YES. . Local overnment will not use more than 2°� of their YES NO N/A G g inister the the incur to adm ESGP award for cost y ant Pro ram. If statement Emer en Shelter Gr 9 . 9 � � �� ff costs ' er Sta is true, answer 'YES: (Service Pro vid � cate o of o erations) included in g ry P sed for shelter operations YES NO N/A H. If ESGP funds are u S and/or essential services the building will be u sed a 's received. ' tance i a shelter as long as Fe deral as sis � . � � If statement ts true, answer 'YES. I. If ESGP funds are used for rehabilitation, other YES NO IA than major rehabilitation or conversion, the building east three ears. If ! will be used as a shelter for at I Y statement is true, answer"YES." �. The emergency shelter building will meet local YES NO N/A � govemment safety and sanitation standards, housing and buildin codes after project completion. If statement i 9 is true, answer"YES." (Answer N/A if ESGP funds are not used for Rehab.) 2 ...rn QQ�_A•��� /�e�,- 7 ���1 - � � K� Homeless individuals will be given assistance obtaining permanent housing, medical and YES N N/A mental health treatment, counseling, and other state and federal assistance. If statement is true, � answer "YES." NOTE: If NO is the response to any of the above questions, stop here and do not submit an application. (Exception: D, and E, a "NO" answer may be approved by the State under special circumstances. SECTION ill: ELIGIBILITY OF REHABILITATION CONVERSION AND RENOVATION ACTIVITIES A. Does rehabilitation, conversion, or reno- vation activities involve a building on the YES NO N/A National Register of Historic Places, located in a Historical District, immediately adjacent to a property listed on the National Register, or deemed to be eligible for inclusion on the National Register by the State Historic Preservation Officer? Answer N/A if not making improvements on a building with ESGP funds. B. Is the building to be improved owned by an YES NO N/A organization with religious purposes stated I in By-laws, or Articles of Incorporation? �,,,,� Answer N/A if not making improvements on the building with ESGP funds. �• Will the estimated value of the improvements exceed 75% of the appraised value of the building YES NO N/A before the improvements are made? (Answer ; N/A if not making improvements on the building ' with ESGP funds) D. If you answe�ed YES to C, will your agency YES NO N/A � provide assurances that the building will O remain emergency shelter for the next ten f years? (Answer N/A if not making im- � provements on building with ESGP funds) � E� Will the applicant provide assurances that ' � any building or rehabilitation or remodeling YES NO N/A � � project is in compliance with Environmental Protection Requirements of 24 CFR 576.52 and 24 CFR Part 58. � € NOTE: If you answered NO to D. or E., please do not submit an application. � � --- —.,.� ��asa �uo�� 7 �sao� 3 � i Defi_ rnt_ � o Homeless: means an individual or family which lacks a fixed, regular, and adequate nighttime residence: or an individual or family which has a primary nighttime �esidence that is: a super- vised publicly or privately operated shelter, designed to provide temporary living accommodations (including welfare hotels, congregate shelters, and transitional housing for persons with mental illness): an institution that provides a temporary resi- dence for individuals intended to be institutionalized: or a public or private place not designed for, or ordinarily used as, a regular sleeping accommodation for human beings. o ESGP: means Emergency Shelter Grant Program. o Local Cash Funds: include all cash donated by the city, nonprofit organization, or from other private sources. Do not include any funds derived from any state or federal sources. Include only those funds spent on the emergency shelter projects for which grant monies are to be spent. o Emerc�encv Shelter: means any facility, the primary purpose of which is to provide temporary or transitional shelter for the homeless in general or for specific populations of the homeless. � rivate, and o Local Non-Cash Resources: may include all public, p not for-profit donations made after the date of the grant award to the grantee, including the value of any donated material or building, the value of any lease assigned on a building, any salary paid to staff, the volunteer time valued at$S.00/tiour, or any other local resources. o Other State/Federal Aqencv Funds: proposal must include a copy of a letter of commitment from the agency administering the state or federal funds, if these funds are used to meet matching requirements. o Renovation: rehabilitation that involves costs of 75% or less than the a raised value of the building before rehabilitation. I PP o Maior Rehabilitation: rehabilitation that involves costs in excess of 75°/a of the a raised value of the building before I PP rehabilitation. o Conversion: a change in the use of a building to an emergency shelter for the homeless, where the cost of conversion and any I rehabilitation exceed 75% of the value of the building before i � conversion. � I MA �.2�2�_'�R� �Rsav_7 /��� � � i o Essential Service: includes (but not limited to) services concerned with employment, physical health, mental health, substance abuse, education, food, or salary necessary to provide such services. Grant amounts � j provided to grantee may be used to provide an essential service only if �/ the service is a new service or a quantifiable increase in the level of a service above that which the grantee provided with local funds during the 12 calendar months immediately before it received the initial grant. o Homeless Prevention: means activities or programs designed to pre- vent the incidence of homelessness, including (but not limited to): (a) Short-term subsidies to defray rent and utility arrearages for families that have received eviction or utility termination notices; (b) Security deposits or first month's rent to permit a homeless family to move into its own apartment; (c) Mediation programs for landlord-tenant disputes; (d) Legal services programs for the representation of indigent tenants in eviction proceedings; (e) Payments to prevent foreclosure on a home; and (� other innovative programs and activities designed to prevent the incidence of homelessness. o Administration: includes administrative costs associated only with the unit of local gover-:,;�ent incurred in administering the local ESG program. These costs do not include any costs associated with operating, maintaining, or providing support services for the emergency shelter. The local govemment may use no more than 2% of their ESGP award for this administrative cost. y �..Of o Operations: includes costs associated with operating, maintaining, or providing services for the emergency shelter. In addition, the Housing and Community Development Act of 1992 Section 1402(e) (Public law 102-550, approved October 28, 1992) amended Section 414(a)(3) to allow 10 percent of ESG allocation to be spent on staff costs of operations related to emergency shelter. The statute also requires you to involve, to the maximum extent practicable, homeless individuals and families in constructing, renovating, maintaining, and operating facilities assisted under the ESG Program, in providing services for occupants of these facilities (42 U.S.C. 11375(c)(7), as added by Seetion 1402(b) of the Housing and Community Development Act of 1992. '` Termination of Assistance: Section 1402(d) Housing and Community Development Act of 1992 amends Section 415 of the Stewart B. McKinney Homeless Assistance Act by adding a subsection that requires that termination of assistance to any individual or family be in accordance with a formal termination process established by the recipient. This addition to the statute states: "If an individual or family who receives assistance... from a recipient violates program requirements, the recipient may terminate assistance in accordance with a formal process established by the recipient that recognizes the rights of individuals affected, which may include a hearing." � �O 886-2369 �ReY•1/99� �- INSTRUCTIONS FOR SECTION IV: COST SUMMARY � q plicants must fill in items on the Cost Summary Form. (Round amounts to nearest P $100). All "OTHER" expenditures must be specified. Descript. of Expend. TOTAL Local Local Other State ESG FUNDS Cash Non-Cash or Federal REQUESTED Funds Funds Grant Funds I. REHAB.,CONVERSION, and RENOVATION A. Renovation B. Major Rehab. C. Conversion SUB TOTAL II. OPERATIONS A. Maintenance B. Insurance C. Utilities 4 000 D. Telephone E. Fumishings i F. Appliances �� , 500 �lo ,000 i G. 10% staff - - -- H. Other (specify . -- � SUB TOTAL III. ESSENTIAL SUPPORT , SERVICES � � A. Employment B. Food 5 500 12 `500 C. Health . D. Drug/Substance Abuse E. Education F. Perm. Housing Referral G. Transportation H. Other(specify) . SUB TOTAL ' IV. PREVENTION SERV. A. Client Rent i l 5 0 0 B. Mort a e 12 0 0 0 9 9 i C. Utilities 11 500 D. Security Deposit SUB TOTAL T ans. Lod in 11 500 V. ADM. ESGP Local Gov. only � 2°k Limit TOTAL �40,000 80 000 10 000 ia�rn �4s6_��69 (Re�_1/98� �"' 16-5306-00 003 Cg Emergency Food and Shelter National Boarcl proqram 701 North Eairfax Street, Suite 310 Alexandria, Virginia 22314-2064 (703) 706-9660 � 16-5306-00 Cape Girardeau County 3/31/9g Capt. Robert Gauthier LRO 003 Salvation Army Post Office Box 802 Cape Girardeau, MO 63702 RE: Account Status for Phase XVI The funds you are receiving are Federal funds as authori Public Law 105-65; the CDFA number for the Emergency Foode ndnder Shelter Program is 83.523. . As of today, our records indicate that following award(sj under this phase of herEme�gencyrFoodVand Shelter National Board Prog��; Part O1 regular board plan Award total — 4 784.00 $4, 784.00 � 10�01 g�.may �q�'n charging expenses agai.nst this total as of / / To date, your LRO has received the followin � g payment(s) : First payment (check C225164) . Second payment (check C230189) 2�392-00 Payment total — 2 392 Og ' $4,784:00 Monies still due your LRO: � $ .00 � Your award is paid "in full. � � •- - f THE 'NEW AWARD LETTER .HAS NOT BEEN RECEIVED BY THE SALVATION ARLKY AT THIS TIME, By LAST yEAR�S LETTER YOII C1�N SEE THAT WE USQALLY � DON'T RECEIVE IT;'UNTIL;:THE END OF M�tCH. BECAQSE OF THIS, ���O NOT j RNOW AT 'THIS �IME THE�AMOiJNT THAT WE WILL RECEIVE. WHEN TH�S."7�ETTER ' IS RECEIVED, IF YOII' WILL LET ME KNOW I CAp gpRWARD IT TO YOU AND �IT � WILL HApE Tp BE ADD�ED TO THE BIIDGET. � 0 : �, II' Y�Q ��E ANY QOESTIONS, FEEL FREE TO CONTACT OIIR OFFICE: � � JACKIE THIERE. � OFFICE MANAGER � THE SALVATION ARMY R 6 1 � Y i MATCHING FUNDS MADE AVAILABLE DURING THE CONTRACT PERIOD FOR THE � ESGP. 1. Cash Funds. Describe the source of the cash funds. The source of these funds are entirely from local donations. The funds are used for property upkeep, repairs, insurance for the building, utilities, telephone and the caseworker salary attributable to the emergency assistance program. 2. Non-Cash Resources. Describe the source and value of any non-cash resources including materials, salaries paid by local agenc�y{�er sort match.r �$5.00/hour allowed), the appraised value of any donated building, or The source of the non-cash are volunteers thatan��k inWehalso feeding program and the stocking of the food p Y- use donated food items in the feeding program and for distribution to the needy. 3. Other State/Federal Aqencv Grant Funds. Describe the source of the funds and precisely what the funds are to be used for. A letter of commitment from the relevant state/federal funds are to be used to meet matching funds requirements. � The Salvation Army uses F.E.M.A. funds for other shelter, which I is categorized as transient lodging. ' er. Section 832 of the Cranston-Gonzalez National Affordable Housing Act makes i 4. Waiv substantial changes to the Emergency Shelter Grant Program (ESGP) regulations. One ' ation of the first $100,000 of the Missouri ESGP match requirements. � change is the elimm : The Missouri Dept. of Social Services intends to pass this benefit to units of local overnment in behalf on the emergency shelter/service providers who demonstrate 9 ' ement. licants wishing to be j inability or hardship in meetmg the match requir App considered for a waiver or the match requirement must furnish an explanation of need. t of the match re uested waived and the reason why a waiver is i Indicate the amoun q needed. i No Applicable. 5. Confidentialit . Section 832 of the Crantson-Gonzalez National Affordable Housing ,' Act changes the ESG Program that require grantees to develop procedures to ensure i confidentiality of victims of family violence. Indicate below how this requirement will be 'olence in our shelter rovider organization. i � met to protect victims of family vi Y P The Salvation Army conducts all its casework in �atelete �i confidentiality. Each client is interviewed priv y work is ke t in a locked file cabinet. i and all a er P P P MA �f�E`i�'�R� �RP_v_1/9�� Z I SECTION V: ACTIVITY DESCRIPTION NARRATIVE (Answer all items) A. Activities. 1. Briefly describe the purpose and sco e of the a e � the homeless. Include a list of all staff, their educafi nal backgro ndlal,dto related work experience. If homeless individuals are a part of this please so indicate. The Salvation Army maintains a social service office open 9 am to 5 pm, Monday through Friday, and offers a round- the-clock availability to provide emergency services to individuals needing housing. The Salvation Army combines its efforts with other agencies and landlords in the community to provide shelter to the homeless and also rental and utility assistance to keep families in their homes during a time of crisis. If an emergency occurs and shelter cannot be found or is not available (such as the office is closed) , The Salvation Army provides temporary lodging through a local motel for up to two nights and sometimes longer if the situation warrants it. This is handled through the police station. 2. Describe how ESGP funds for each category requested in this application will be used. � Food assistance to help make sure that indiv�iduals and families have enough food until their next income is received. Utility assistance to keep families together. Rental assistance to keep families in their homes. Transient Lodging program for the homeless and for use in times of crisis for individuals and families. 3. The Department of Social Services is permitted to use 5% of the State's 1999 ESGP award for administrative purposes. Federal statute specifies that the State share the amount available with local govemments who receive ESGP awards from the State. As a result, 2% of the amount awarded by the State will be provided to local govemments who are participating in the program for administering their grant. Provide description of expected use for this request and the amount needed. Not Available. � ffiO 886-2369 �ReY.1/9$� � B. Describe how the following assistance will be provided to � persons served by your agency: 1. Permanent Housing Referral Services The Salvation Army works with landlords and other agencies in the community to provide housing for famiContinuednonVnextlpagE 2. Overnight Shelter The Salvation Army has a transient lodging program for individual: who require a night' s lodging. The individuals are screened throi the police station and then sent to the motel for one night. Thi: service is based on individual cases and can be for more than one night. 3. Medical Services The Salvation Army provides prescription assistance to the elderl� those just released from the hospital who are financially unable to c�et them, and families that are referred from their doctor' s 4. ��i��ren''s Services (if applicable) Meals are provided through our feeding program. School supplies and a summer day camp are also offered to low income household. 5: Mental Health and/or Drug Abuse and/or Counseling Services Counseling services are provided by the case worker and/or the commanding officer. There is no fee for this service. � 6. Referral to other State or Federal Programs i The Salvation Army refers individuals to other state and/or Feder programs based on the individua1s need that is brought to our j 7. �mp�oyment�ervices i The Salvation Army refers individuals to the unemployment office j and temporary employment services and also to JTPA, a job ! training service. We also have job notices at the office I on occasion. . 8. Transportation The Salvation Army provides gas �a:nd bus vonchers for individuals � � or families that are straFded in the Cape Girardeau area. These i vouchers are �also used -for doctor' s visfts or funeral . transportation if needed. Proof of neec� is required for this assistance. i 9. Food The Salvation Army provides Emergency Food Assistance which � includes enough food for three (3) nutritious meals for three � days per person and more if needed. The last week of each month ; a community evening meal is served. There is also a Thanksgiving� community dinner provided. If there isContinuedhon nextspage � 10. Prevention The Salvation Army provides rent and mortgage assistance where � deemed necessary and thus prevents families from becoming i homeless. i 11. Other (specify) � Not Applicable. i 9. 1 , MO 886-2369 �Re�.1/ $� Continued Answers from Part B � 1 . that have been evicted from their homes or want to settle down in the Cape Girardeau area. 9. served each day. At Christmas, food baskets are given to families and individuals. The Salvation Army also distributes government commodities on a monthly basis according to availability. � � INSTRUCTIONS FOR SECTION VI: HOMELESS NEEDS � o Homeless'persons are defined as families and/or individuals who are poor and have no access to either traditional or pe�manent housing (see definition on page 4 of application. "Poor" generally means persons below the poverty level, below 50% of the median income for the area, and who have little savings. Estimates of the number of homeless persons being, or planned to be, served should be based on data available, experience, or an assessment of need in your community for the particular homeless population to be served. The homeless may include: homeless, neglected, and dependent children not under court intervention, street people, abused persons who have left their home and abusers with little money, little income, or persons with such low income that there is little affordable housing available for them or their families. o Under this program an emergency shelter should be a shelter that does not provide assistance on a long-term basis. These shelters generally should not provide accommodations for more than a few months to the same person. Emergency shelters generally should provide services that will sustain homeless persons through a period of hardship. � A. Describe the characteristics of the population to be served by the emergency provider in terms of race, sex, reasons for being homeless, age, and marital status. � The Salvation Army assists anyone regardless of sex, I race, cause of homelessness, age or marital status. I The individuals are screened through the police station. � We also accept referrals from hospitals and other i community agencies. j I B. Estimate the number of homeless persons in your city/county i having the characteristics described above. Indicate the i source or base for your estimate. i 1,950--This estimate is based on statistics provided ' by local Division of Family Services. j C. Does the provider serve meals? YES NO I D. Does the rovider serve food other than meals? YE NO � p i 10 i MO 886-2369 <ReY_1/98� — � SECTION VI: HOMELESS NEEDS (Con't) E. Number served in an average day/night? 50 � F. Estimate number of persons served by your present or proposed agency in one vear. 950 G. What is the present capacity of your shelter? N/A If expansion is planned within the next 12 months, what will be the new capacity when project is completed? N/A H. List all existing emergency shelters in your city/county area. Show the capacity of these shelters to serve the homeless population and characteristics of the population served. (Include vour present shelter and activities). SHELTER CAPACITY POPULATION SERVICED �' **** The Salvation Army does not have an emergency shelter. There are no existing emergency shelters in the city or the county. 2• The Salvation Army provides the majority of the emergency housing to the homeless people by lodging transient families 3, in a motel for one night or more, and for families who want � to seek permanent housing. Cape Girardeau is on Interstate 4 55 and because of this, we provide overnight lodging for families who are transient. 5. 6. 7. 8. 9. 10. I. Describe data which led you to the numbers shown in E, F, and G, above in Section VI. Statistical Printout. � MO 886-2369 �Re�r.1/9�) 11 SECTION �111: LOCAL GOVERNMENT GRANTEE EMERGENCY SHELTER GRANTS PROGRAM � CERTIFICATIONS BY THE CHIEF EXECUTIVE OFFICER �, Michael c. Miller, City Manager , Chief Executive Officer of The Citv of Cape Girardeau, Missouri , certify that The City of Ca�e city or county name city or Girardeau, Missouri wi11 provide the matching supplemental funds required by the county name regulation at 24 CFR 576.71. I have attached to this certification a description of the sources and amounts of such supplemental funds. I certify that the city of Cape Girardeau will comply with: city or county (1) The requirements of 24 CFR 576.73, conceming the continued use of buildings for which emergency shelter grants are used as emergency shelters for the homeless; (2) The building standards requirement of 24 CFR 576.75; (3) The requirements of 24 CFR 576.77, conceming assistance to the homeless; I � (4) The requirements of 24 CFR 576.79(a) and other applicable Federal law � concerning non-discrimination and equal opportunity; and � � (5) The environmental review regulations 24 CFR 576.52 and 24 CFR i Pa�t 58, and procedures under, section 104(g)(1) of the i Housing and Community Development Act of 1974, as made � applicable by Section 482 of the Stewart B. McKinney Homeless ; Assistance Amendment Act of 1988, and the Cranston-Gonzalez National Affordable Housing Act of 1990. ' (6) The requirements of 24 CFR 576.3 and of Section 832, Section � 832(b), Section 832(c), Section 832(d), Section 832(e)(1) and ,' Section 832(e)(2)(c) of the Cranston-Gonzalez National ,' Affordable Housing Act of 1990 conceming administration of ,' ESG program and ensuring confidentiality of victims of family violence. I ce�tify that the submission of applications for emergency shelter grants is authorized � under state and/or local law and that the city of Cape Girardeau � city / county name government possesses legal authority to carry out emergency shelter grants activities in accordance with t includin applicable law and regulations of the Department of Housing and Urban Developmen 9 � other federal requirements and the State of Missouri. �� 12 i MO 886-2369 <Re�.1/99� — Additionally, I certify that use of emergency shelter grant amounts will comply with the following requirements: (a) Non-discrimination and Equal Oqportunitv � (1) The requirements of Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR Part 1001; Executive Order 11063 and implementing regulations at 24 CFR Part 107; and Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d and 2000d-4) implementing regulations issued at 24 CFR Part 1; (2) The requirements of 24 CFR 576.79(a)(2), the prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-07) and implementing regulations at 24 CFR Part 146 and the prohibitions against discrimination against handicapped individuals under section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR Part 8; (3) The requ���ments of Executive Order 11246 and the regulations issued under the Order at 41 CFR 60; (4) The requirements of section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1701 u (see 24 CFR � 570.607(b); (5) The requirements of Executive Orders 11625, 12432,.and 12138. Consistent with HUD's responsibilities under these orders, the grantee must make efforts to encourage the use of minority and women's business enterprises in connection with activities funded under this part; and (6) The requirement that the grantee make known that the use of the facilities and services is available to all on a nondiscriminatory basis. Where the procedures that a grantee or recipient intends to use to make known the availability of such facilities and the ESGP services are unlikely to reach persons with handicaps or persons of any particular race, color, religion, sex, age or national origin who may qualify for such services, the recipient or grantee must establish additional procedures that will ensure that these persons are made aware of the facility and services. Adopt and implement procedures designed to make available to interested persons information conceming the existence and location of services and facilities that are accessible to persons with a handicap. Regulations of 24 CFR 576.79(a)(6). � MO 886-2369 �Re�-1/99� 13 (b) Applicabil�tv of OMB Circulars. The policies, guidelines, and requirements of 24 CFR Pa�t 85 and OMB Circular No. A-87, as they � �elate to the acceptance and use of emergency shelter grant amounts by states and units of general local government, and Nos. A-110 and A-122 as they relate to the acceptance and use of emergency shelter grant amounts by private non-profit organizations. (c) Lead-Based Paint. The requirements, as applicable, of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846) and implementing regulations at 24 CFR Part 35; and of 24 CFR Part 576.79(c). (d) Conflicts of Interest. In addition to conflict of interest requirements in OMB ', Circulars A-102 and A-110, no person (1)who is an employee, agent, I consultant, officer, or elected or appointed official of the grantee, state recipient, or non-profit recipient (or any designated public agency) that receives emergency shelter grant amounts and who exercises or has exercised any functions or responsibilities with respect to assisted activities or (2) who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for him or herself or those with whom he or she has family or business ties, during his or her � tenure or for one year thereafter. HUD may grant an exception to I � this exclusion as provided in 570.611(d) and (e) of this chapter. � � (e) Use of Debarred Suspended or Ineliqible Contractors. i The provision of 24 CFR Part 24 relating to the employment, i engagement of services, awarding of contracts, or funding of � any contractors or subcontractors during any period of de- ,' barment, suspension or placement in ineligibility status. � (fl Uniform Federal Accessibilitv Standards. For major rehabili- tation or conversion, the Uniform Federal Accessibility Sta�dards at 24 CFR Part 40, Appendix A. i Ille al Use of Dru s and Alcohol. The reci ient and project ; (9) p Q P sponsor conducting activities, funded in whole or in part with ,' McKinney Act funds, to assist the homeless population in this i jurisdiction, will administer, in good faith, a policy designed to ensure that the assisted homeless facility is free from the illegal use, possession, or distribution of drugs or alcohol by i its beneficiaries. � h Audit. Acce tance of an ESGP contract requires the grantee , O P and sub rantee s to com I with the audit re uirements of , 9 O PY q � Office of Management and Budget (OMB) Circulars A-128 or � A-133, and also acknowledges that cognizant federal a�d state � representatives shall have acxess to pertinent records during � normal business hours. � �L[O 886-2369 <ReY.1/99� �- (i) Obliqation of Grant Funds. The requirement that each State recipient must have its grant amounts obligated (as that term � j is defined at 576.3) within 180 days of the date on which �'�r� the State made the grant amounts available to the State re- cipient. In the case of grants for homeless prevention ac- tivities under 576.21(a)(4). State recipients are required to obligate grant amounts within 30 days of the date on which the State made the grant amounts available to the State recipient. (j) Expenditure of Grant Funds. The requirement that each grantee (city/county) recipient must spend all of its grant amounts within 24 months of the date on which the State made the grant amounts available to the State recipient. In the case of grants for homeless prevention activities, State recipients must spend such sums within 180 days of the date on which the State made the grant amounts available to the recipient. (k) Provision of Assistance to Primarv Reliqious Orqanization. The limitation on assistance at section 57622 (b)will be met in the use of ESGP funds. (I) Relocation and Acquisition. The requirement that each grantee (city/county government) must comply with acquisition regu- lations at 576.80 to minimize displacement of persons � businesses, nonprofit organizations as a result of project assistance under this program, and to provide relocation assistance for displaced persons. (m) Contractual Provisions for Inclusion in ESGP AQreements Between Grantees or State Recipients and Primarilv Relic�ious Orqanizations for the Provision of Essential Services and Pavment of Oqerational Costs (575.21(a)(2) and (3). In addition to, and not in substitution for, other provisions of this agreement regarding the provision of essential services and/or the payment of operational costs for emergency shelters pursuant to the Emergency Shelter Grant P�ogram, the Provide�: (1) represents that it is, or may be deemed to be a religious or denominational institution or organization or an organization operated for religious purposes which is supervised or controlled by or in connection with a religious or denominational institution or organization; and (2) agrees that, in connection with such essential services and operational costs: a. it will not discriminate against any employee or appli- cant for employment on the basis of religion and will � not limit employment or give preference in employment to persons on the basis of religion; �O 886-2369 �ReY.1/99� 15 � b. they will not discriminate against any person applying for shelter or any of the eligible activities under this part on the basis of religion and will not limit such housing or other eligible activities or give preference to persons on the basis of religion; and c. it will provide no religious instruction or counse- ling, conduct no religious worship or services, engage in no religious proselytizing, and exert no other re- ligious influence in the provision of shelter and other eligible activities under this part. � i Signature of Chief Executive Officer (Date) I (Local Govemment) I � i � i i i (SEAL) � � 16 MO 886-2369 �Re�.1/99� — � City of Cape Girardeau, Missouri Office of the City Manager Council Letter No. 7 6 February 16, 1999 T'he Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: New Recycling Drop Off Facility-Grant AppGcation We aze seeking a competitive matching grant from the Missouri Deparkment of Natural Resources Division of Environmental Quality, Solid Waste Management Program for construction of a new public drop off recycling facility at 120 North Broadview. The grant application is for a collection facility that will be a new 40'x 90'x 14'clear span building,open on the west side adjacent to Broadview. It will have a 20'paved access to and from Broadview for citizens to drive through and drop off their recyclables. � The objectives of this project aze to create a safer and more convenient facility for the public. An employee will be available to assist the public and keep the recyclables properly separated in the containers before they aze processed. The roof will provide a dry area to unload recyclables from citizens vehicles. � The current public drop off center is in a very congested area. The driveway that the Public Worl�cs crews of Water, Sewer, Street, Solid Waste use is between the recycling center and the recycling drop off area. We feel there is a need to safely separate the citizens from these Public Works operations. � The grant application due date is Februa.ry 26, 1999 and will be reviewed in Mazch. If I we are successful,then negotiations aze in April and awards aze during May and June. The � estunated cost of the project is$100,000.00. The amount of funds requested is$80,000.00 and � $20,000.00 is needed for local match funds. The staff recommends approval of the Resolution � authorizing the City Manager to execute the application to be submitted to the Departrnent of ! Natural Resources. � i Respectfully submitted, j � -� C�a'�� i' ,� D uglas K. Leslie ublic- s Director ; �� Mi hael G. M' - - City anager BILL N0. 99-45 RESOLUTION N0. � A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, DIVISION OF ENVIRONMENTAL QUALITY, SOLID WASTE MANAGEMENT PROGRAM, FOR THE CAPE GIRARDEAU RECYCLING DROP OFF FACILITY, ANU AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRA.RDEAU, MISSOURI, AS FOLLOWS : ARTICLE l . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authc>rized to execute a grant application to the Missouri Uepartment of Natural Resources, Division of Environmental Quality, Solid Waste Management Program, for the Cape Girardeau recycling drop off facility, and is hereby authorized to execute all necessary grant documents . A copy of said application is attached to this kesolution and made a part hereof. PASSED ANU ADOPTED THIS DAY OF , 19 � A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad Ueputy City Clerk � � � �av� M O �,4a � f .�� .� � � I �, �� c.�. � ....... . �s � U �� Q 1 � ` �� c ��` Pub�'c � I � ; I , I Missouri Department of Natural Resources ; � Division of Environmental Quality ' � Solid Waste Management Program .� ' n and Rec clin Pro'ects ' Waste Reduct�o y g � . • Mo � Sect�on 260.335.2 4 , RS ) � � � � � PRE-APPLICATION CHECKLIST � Before submitting an application for financial assistance,you MUST complete this form. Only if the applicant can answer YE: to ALL questions on this foRn should the application be submitted. Evidence substantiating each a�rmative answer in the checklist must be included ia the apptication and referenced on the checklist form. DEPARTMENT`� WEiERE COMPLIANCE YES DOCUMEKTED TEST (PAGE NUMBER) (DNR USE ONL�'j l. Is the application signed and dated? X 10 & 12 2. Were the original and three copies of the application submitted? X 10 & 12 3. Is the proposed project located within the State of Missouri? X 11 & 12 4. Does the scope of the proposed project fit into X _ 11 one of the seven categories listed on page 4? 5. Is the graphic time line complete and X 29 in the proper format? -- 6. [s the scope of work/description of tasks complete? X 27 & 28 7. Is the budget substantially comp(ete? �— 30 `�''' 8. Is the executive summary complete? X 17 & 18 9. Is the amount of assistance requested withi�the allowable limit for the project category? X 30 - 10. Does the amount of match listed meet the minimum �equired for the project category? . X 30 11. Is the application free of all of the following ineligible match costs? X NA - Operating costs not directly related to the project; X NA - Costs incurred before the project start date; X NA - Taxes �_ NA - L.eg81 coSts �_ NA - Contingency funds x NA - Land Acquisition 12. Ar+e all data and all statements true and accurate? X ALL 13. Have any and all tax liens or liabi(ities and outstanding environmental fines or judgements,and their curnent status bcen identified? X � 14. Are the most current three years of financial 20A 20B data included? X 21 22 23 24 t5. Have you pcovided the purpose and justification for all out-of-state travel? NA t�A [4ereby certify that the informatioa above is true and conforms with the following Waste Reduction And Recycling tpplicsttion. � Cape Girardeau Recycling Drop Off Faci.'..ity '�ignatare of Authoriud OfFc�al Date Project Name 10 i ;. f"� APPLICATION FORMAT Applications should be submitted in the following order: I. Pre-Application Checklist II. . Project and Applicant Profile III. Executive Summary (Attachment 1) A. Project summary/objectives B. Documentation of financiai support C. Solid Waste Management District D. Permits, Licenses or Waivers ifapplicable • E. Employment F. Infocmation Plan/Statewide Usage IV. Scope of Work(Attachment 1) . A. Project tasks B. Time line graph V. Budget (Attachment 2) � VI. Supporting Documents (those applicable) � A. Preliminary projed design . B. Matching funds documentation C. Contract,•purchase orders,market sources D. Confidential statement E. End markets F. Cooperative relationships i G. Personnel I � 9 . i � Missouri Department of Natural Resources Division of Environmental Quality Solid Waste Man,agement Program WASTE REDUCTTON AND RECYCLING PROJECT � FINANCIAL ASSISTANCE APPLICATION PROJECT AND APPLICANT PROFILE 1. Project name �� Girardeau Recycling Drop Off Facility 2. Project category C011ection-Processing 3. Amount requested$ 80��•� 4. Amount of match$ ���6•� 5. Project description_ A new public drop off collections facility for recyclable materials, includinq twelve four cubic vard self dumping containers. �,,,J 6. Name any other affiliated state agencies �utheast Missouri Solid Waste District 7. Legal name of business or organization requesiing assisiance City of Cape Girardeau, Public Works Department , Mailing address 219 N Kingshighway, Cape Girardeau MO 63701 Phone �573) 334-9151 F� (573) 335-0507 8. Name of Authorized O�cia! Michael G. Miller Official Title City Manager Address �1 Ind�pendence C�ty Cape Girardeau Z�P 63703 Phone �573) 334-1212 F� (573) 335-7946 . � 11 t � �� 9. Type of Applicant � Individual X Public entity or institution Business Non-profit organization(include legal status documentation) MO Vendor# OR Federal Tax[D# OR SSAN of Owner 10. Projcct Manager Ron Schlosser Address 219 N Kinqshiqhwav � City ap� Girardeau Mc) 6�701 Phone �573) 334-9151 . F� (573) 335-0507 I I. This project is(check one): X An expansion of a cument activity A new activity A completely new ventu�-e for an existing business; Other � 12. This pcoject wi(l divert 2�780 tons(specify if otfier.units) from the waste stream during the pc^aject period. � 13. This project deals with(check those which apply); o Major appliances;fl Waste oil; o Lead-acid batteries; ❑ Yard waste; ❑ Whole tires; �any other soiid waste 14. Site Location• Provide location of project site and status of property(i.e.owned, teased oc under consideration) �Pe Girardeau and surrounding area: City of Cape Girardeau, � 120 North Broadview Street, Own property � 15. Description of area to be served City of Cape Girardeau and surrounding area i 6. For project location or area to be served: State Senatocial Districti(s) 27� ;State Repc�esentative District(s) 158th ; ���5�� Girardeau I(We) hereby certify that the information provided in this app[ication is true and correct and conforms wit6 the Waste Reductioa xad Recycliag Appticatioa guidance document and all applicable laws and rules. I(We) have sutficient resources to conduct this prnject while awaiting ceceipts oCquarteriy reimbursements. i � Signature of Authorized Official(s) Date I � . �n . � Aftachment 1 E�:ECUTIVE S Y ■ All appiicants are to address the following questions oc pcbvide an exp[aaation of why the items are nat appiicabie to the proposed project P[ease use the spaces provided,or � �nake attachments, as nec�ssary. " ' SCfMMARY STATEMENT: Describe the proposed project and its objectives. Explain why there is a need for the project,its cusrent status,targeted cIientele and the approximate � geographic area of Missouri that will benefit from the pr�oposed project. - SEE ATTACHMENT 1.1' . PAGE 17 � � BENEFIT STATEMENT: Indicate the amount(s)and type(s)of materials that wilt be � recovered or diverted from the waste stream. Indicate whether the materials are post- consumer,mill sc�ap,production waste,surplus or damaged goods,etc. *Provide written documentation from the source regarding the quality.quanGty and availability of a � consistent source of material(s)requircd by the proposed project. SEE ATTACHMENT 1.2 .PAGE 18 . � � I ' ATTACHMENT 1 (Continued) SEE ATTACHMENT 1.3 - PA� 20 . Provide written supporting documentation that sufficient cash flowlworking capital is • available to conduct the project while recieving quarterly reimbursements. Provide the most cuirent�three years of financial data on your company,city,govemment,or personal financial statements(i.e.tax retums,audited financial statements,etc),as applicable. Requested infocmation attached? � YES � NO � Indicate positive or negative anticipated costs associated with obtaining the.recovered . material supply. Desctibe the impact this proposed project has upoci avoided costs(the costs that would have been incurred to manage the affected waste stream by other methods) within ttie affected area. Provide the rationale for'your estunate. � SEE ATTACHMENT 1.4 PAGE 25 Indicate how the proposed project coordinates with the�solid waste management plan(s)of the Solid Waste Maaagement District(s)affected by the project. I SEE ATTACHMENT 1.5 i PAGE 25 � � ATTACHMENT 1 (Continued) Discuss any and alI necessary federal,state and local permits approvals, licenses or waivers necessary to implement the projcd. Projects may be submitted prior to'c�eceiving permits, but copies of aII necessary permits must be submitted prior to receiving reimbncsements. SBB BTTACHMFNT 1:6 � PAGE 25 Describe the type,number and duration of Missouri jobs created during, and remaining � after,the completion of.the projeci. � SEE ATTACHMENT 1.7 ' PAGE 26 Provide a plan for disseminating infomtation to others. (See attachmen�MDNR's Guidelines for Planning Information and Education Activities) Discuss how the inforniation resulting from the project is relevant to other areas of the state. SEE ATTACHMENT 1.8 PAGE 26 • � 15 . � - ATTACIIIViENT 1 (COTITINUED) SCOPE OF WO�:K � Identify project tasks by number aad describe each task in not more than oae paragraph. Project tasks are the actions takea to achieve specified objectives. Identify which personnel are responsible for eac6 task. SEE ATTACHMENT "SCOP�E OF WORK" � PAGE 27 � i ATTACHMENT 1.1 � �`ummarv Statement . The City of Cape Girardeau is one of the few communities in the Southeast 1Vlissouri Solid Waste Management District R that provides curb-side recycling and a drop off area for its citizens. Recycling in Cape Girardeau is a thriving program and has been a service since October of 1991. The City has dedicated a great deal of its resources in the years past and continues to apply efforts toward the State of Nfissouri's goal of achieving a 40% reduction in the amount of solid waste generated for disposal by the beginning of this year. The plan for this project will continue to directly result in long-term reduction of waste destined for 1VLssouri landfills. (Refer to page 31) The plan will help assist the City to continue its collection efforts to make sure that it does its part as a community to supply recovered materials to the user. It will help improve the quality of these materials. The City's Recycling Center is equipped with a horizontal baler with conveyor, vertical baler, can separator, skid steer loader, and two 4,000 lb forklifts. The marketing strategy for the City of Cape Girardeau's Recycling Program is as follows: 1. Encourage participation and educate how to prepare recyclables for collection to the citizens through billing inserts, newspapers, radio, and television. 2. At the collection points there are separate containers to place the recyclables in. Curb- � side has two trucks with separate hydraulic dump bodies called Curb Sorter, equipped with a compactor for plastic. The current drop off uses gaylord boxes on pallets. 3. At the processing center the recyclables are dumped into galylord boxes for storing until they are baled or loose prepared for shipment. A) All Paper, Cardboard, and Plastic is pick�d up by Jefferson Smurfit in St. Louis. They furnish the van trailers and the shipping. (Refer to page 35) B) Mixed Giass is delivered by the City's roll off truck to Strategic Materials in St. Louis. They receive it as is. (Refer to page 40) C) White Goods/A.ppliances, Ferrous Metals, and Non-Ferrous Metals are delivered to Sides Metal Recycling in Cape Girardeau. (Page 41) D) Yard Waste/Compost is taken only at the drop off area. It is then weighed and taken to a holding area on city property. Brush and limbs are taken to the Transfer Station for weighing and then taken to the holding area. Once a year a tub grinding contractor is hired to grind the larger debris (Refer to page 41-A)and the chips are mixed with the yard waste and offered to citizens for free as mulch or hauled to surrounding farms for land application. T'his project will give the City an opportunity to increase the quantities of collections. The drop off service is an opportunity for apartment dwellers and others who want to participate. Citizens living in apartment complexes with four or more units are considered by a City ordinance to be commercial and not resideatiai. They are ineligible for the City's curb-side solid waste services. They are served by commercial trash haulers that do not offer curb-side recycling. The City does � not tum away participants outside the City limits. The drop off service creates an unadvertised �'""'� cooperative effort with the surrounding areas to recycle. This project will lead to an opportunity for commercial cardboazd drop off which is a much needed local mazket for the community. The City of Cape Girardeau is seeking an awazd of a matching grant from the Missouri Department of Natural Resources Division of Environmental Quality, Solid Waste Management Program for construction of a new public drop off recycling facility at 120 North Broadview. The grant application is for a collection facility that will be a new 40' x 90' x 14' cleaz span building,open on the west side adjacent to Broadview. It will have a 20'paved access to and from Broadview for citizens to drive through and drop off their recyclables. Twelve new 4 cubic yard self-dumping containers will be installed in the facility to place the materials in. The objectives of this project aze to create a safer more convenient facility for the public. A new employee will be hired to assist the public and keep the recyclables properly separated in the containers before they are processed. The facility will provide a dry area to unload recyclables from citizens vehicles. The new containers will allow the processing operators to take the forklift and pick up the containers from the drop off area and take them to the processing area. It will make for a more efficient operation by being able to dump the materials quickly and safely and return them to the drop off. Materials such as Old Newspaper, Old Magazines and Cardboard aze emptied several times every day. The current public drop off center is a very congested area. The driveway that the Public ,,r.� Works crews of Water, Sewer, Street, Solid Waste use is between the recycling center and the � � current recycling drop off area. This arrangement is potentially threatening to some citizens and tends to decrease participation. The City feels there is a need to safely separate the citizens from these Public Works operations. ATTACHMENT 1.2 Benefit Statement This project is in conformance with the State Targeted Materials List. It will recycle Old Newspaper,Old Magazines, Cardboard,and Other Paper which consists of Junk Mail,Mixed Paper,Grayboazd,and Office Paper. These materials were 50%of the total of all the materials that the City recycled in the `96/'97 and `97/98 fiscal year as shown in the table below. The table also shows that the above listed materials are up on the average of 29%. These materials have increased due in part to a public awareness campaign through frequent TV commercials that was funded through the Southeast Missouri Solid Waste Management District R's grant program. See supporting document of the Executive Summary on page 36 and 37. Also,the Solid Waste Coordinator has a continuing education program to area schools and civic organizations that has contributed to this increase. To date six schools and the Chamber of Commerce are on a scheduled route once a week for paper. The Boy and Girl Scouts on a on ca11 basis. A plan was implemented for all City Facilities to participate in a City-wide recycling program in August 1998. See supporting document in the form of a Memo on page 31. The other recyclables � included in this program aze listed below. Overall numbers were up an average of 29%also,as , shown below. 18 This project clearly identifies its utilization of at least 75 tons of recovered materials and waste reduction during the course of the grant cycle for each$10,000.00 of state funds applied � for. The chart below shows that overall recycling materials at 1,968 tons which calculates to 196.8 tons for each$10,000.00 applied for. The chart below also shows that the increase for the `96/'97 yeaz to the `97/'98 yeaz alone is 812 tons or 81.2 tons per$10,000.00 applied for. The City of Cape Girardeau's Recycling Program Amounts All the following materials aze Post-Consumer waste. The type, last two yeazs amounts, the calulated increases aze as follows: Material `96/'97 Totals `97/'98 Totals Newspaper/Magazines 1,489,l 001bs/yr 2,116,8241bs/yr Cardboard 384,1001bs/yr 518,3001bs/yr Mixed Paper/Junk Mail 102,000 lbs/yr 128,7001bs/yr Mixed Glass 289,3801bs/yr 409,7741bs/yr White Goods/Appliances 228,3401bs/yr 206,6201bs/yr Yard Waste/Compost 1,380,1061bs/yr 1,807,8421bs/yr Ferrous Metals 145,2601bs/yr 131,4401bs/yr Plastic 157,1921bs/yr 218,8001bs/yr Non-Ferrous Metals 21,6571bs/vr 23,1681bs/vr TOTAL LBS. 3,936,735 lbs/yr 5,561,4681bs/yr � TOTAL TONS 1,968 tons/yr 2,780 tons/yr INCREASE TONS 812 tons/yr INCREASE% 29% increase The current drop off azea serves an estimated average of 750 customers per week. They average an estimated 401bs per drop. The estimated volume from drop off is 30,000 pounds per week. That calculates out to 780 tons per yeaz. The projected percentage from drop off for this year is 28%. Seventeen customers per hour in and out of the current congested drop off area supports the need for this project. The drop off area by itself contributes 78 tons per$10,000.00 applied for. All of the materials from the City's Recycling Program are viable markets. The Solid Waste Division has strong commitments for the recyclables from Jefferson Smu�t, Strategic Materials, and Sides Metal Recycling. Supporting letters are on page 35. The project will have sufficient supply of recovered materials to complete it because the City's program is ongoing, strong, and committed. The chart above proves that the quantity is there and continues to grow. Refer to the letter on page 32 by the Environmental Services Coordinator for the City's Public Works Department and page 32-A for a survey of the City's Recycling- Residential Participation Rate. � 19 Environmental Benefits � Diversion and Recovery Fiscal Year 1996/97 and 1997/98 Recycling reduces our reliance on landfills and incinerators Recycling conserves our natural resources because it reduces the need for raw materials. ; There was 2,542,414 pounds processed at the recycling Center for the fiscal year, 1996/97. Compost, Recovered Street Debris and Recyclables—total diversion was 12,304,294 pounds in fiscal year 1996/97. There was 3,526,349 pounds processed at the Recycling center this past fiscal year, 1997/98. Compost, Recovered Street Debris and Recyclables—total diversion was 12,377,530 pounds in fiscal year 1997/98. Recycling One ton of paper saves: 17 Trees 3 cubic yards of landfill space 2 Barrels of oil 7,000 Gallons of water 4,100 Kilowatt hours 60 pounds of air pollution I � Newspaper/magazines, telephone books (special project) and corrugated cardboard I � recycled in 1996/97 = 908.28 tons � I Saved: Trees: 15,441 ` Landfill Space: 2,425 Cubic Yards � Barrels of Oil 1,817 Barrels of Oil � Water: 6,357,960 gallons � Electricity: 3,723,948 Kilowatt Hours Air Pollution: revented 54,496 pounds of air pollution from being spewed into the air. � P ............................................................................................................................................................................. ' ct and corru ated cardboard, and ,` Newspaper/magazines, telephone books (speciat pro�e ) g junk maiUmized paper recycled in 1997/98= 1,318.94 tons � Saved: Trees: 22,422 Landfill Space: 3,955 Cubic Yards � Banels of Oil 2,698 Banels of Oil Water: 9,232,580 gallons Electricity: 5,407,654 Kilowatt Hours � Air Pollution: prevented 79,136 pounds of air pollution from being spewed into the air. � � I 19A � Recyciing One ton of Steel Saves: 2,500 pounds of Iron Ore 1,000 pounds of Coal 40 pounds of Limestone Steel cans and Appliances recycled in 1996/97 = 168.04 tons Saved: Iron Ore: 420,100 pounds Coal: 168,040 pounds Limestone: 6,722 pounds ................................................................................................................................................................................ Steel cans and Appliances recycled in 1997/98 = 160.85 tons Saved: Iron Ore: 402,125 pounds Coal: 160,850 pounds Limestone: 6,434 pounds � Also recycled in 1996/97 Aluminum: 21,439 pounds — 100% Recycled into new product Plastic: 153,332 pounds Glass: 215,000 pounds .................................................................................................................................................................................. Also recycled in 1997/98 Atuminum: 21,125 pounds — 100% Recycled into new product Plastic: 213,500 pounds Glass: 332,160 pounds RECYCLING SAVES: NATURAL RESOURCES ENERGY CLEAN AIR AND WATER �r�+ LANDFILL SPACE 19B � Economic Benefits Tons Diverted from the Landfill in fiscal year 1996/97: 6,152.15 X $ 34.68 tipping fee $213,356.56 saved Tons Diverted from the Landfill in fiscal year 1997/98: 6,188.77 X $ 34.68 tipping fee ��� �214,626.54 saved Our Recycling Program has created City jobs for six(6) full time employees. Our recycling Program uses Community Services Workers and Inmates on a work release program as primary labor in processing collected recyclables saving the City Revenue and contributes to keeping residential fee increases to a minimal. � Paper recycling had decreased City Fuel and Equipment maintenance costs as transportation is paid by end user. i Recycling has created and maintained jobs for recycling related businesses, processors, mills, I end users and manufacturers of new product. i I Sale of recycled products has resulted in revenue of$ 23,804 covering 5% of the program's ; actual cost for fiscal year, 1996/1997, and $ 27,065 covering 7% of the program's actual cost this i past fiscal year, 1997/1998. i i i i i � j 19C Relevance to Community/Others �`' Ability to Recycle allows residents some control over their disposal costs with volume based pricing. Fixed rate allows two containers of refuse and unlimited Recycling. Additional refuse tags are required at a cost of$1.00 per container over/above the two container limit. Recycling enhances Community Awareness of Environmental Issues. Residents take pride in their individual contributions and participation in our Recycling Program. Recycling Education requires continuous public contact which creates a positive image of our City Govemment and allows residents the opporiunity to learn first hand that they can and do make a difference. The volunteer organizarion of the Missouri League of Women Voters was � very instrumental in the implementarion of the curbside recycling program in 1991. The curbside recycling program has widespread community support. �w+ 19D � ATTACI�MENT 1.3 The City of Capc Girazdeau is required by Cily Charter to maintain total fund balanccs equal to 15% of each year's total annual budgcted operating expenditures. The requirement for tlus year amounts to an excess of$4,000,000. This amount would be available for temporary cash ilow loans to the solid waste fund. G�rrently funds are available in the solid waste to appropriate the matching funds required by this grant. A copy of the City Combined Balance Sheet for the years ending June 30, 1996,June 30 , 1997 and June 30, 1998 are on the following 6 pages. ' � John Richbourg Finance Director i I � � i I I i � � ZO � � � SUPPORTING D�CUMENTS FINANCE � � S p„O�ff�fl O�Aff N^ ^p O„f f n � A q�„p �Aff � �p Y1 N f OO f�O O O O f�O�O O �O n�fl O w O�N � �V �f O OI � Y� o„ O p MI N O Yf♦ O N O�Vf A Cp O Y O� .- O� f A � � ' N � �(V Vf 1�N o � O^O e'1 Y O ' t7 IV O ♦ L� f O O O O!1 �`(O O .- �f1 O f O O �(1 O Yf p� O �� N h � � „ M h M 7 V C C h N ��/N O P/O O� l'f f� O PI O �Q p 11 h f f� lV N fl n e �O h O f 1� e'f Yf N PI O tl q �n w Y� O m 1�1 N Y1 n � !'11� OI��o�fl �-f�O nYNOON �of o�Ko co o e� o m � � � O 1��!7 Yf�O O^ . O �N O�O �f f O YY O M O� � 1") � C 0 �`! 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The Recycling budget is one of four areas of the Solid Waste budget. Full cost accounting is used in the City's Finance Department. � The im act of avoided costs on this ro'ect is the dis osal rate of the Solid Waste P P J P collection and disposal through the City's transfer station, transporting and tipping at the landfill. That rate is$160.28/ton. The cost of disposing the `96/'97 totals of 1,968 tons x$160.28/ton= $315,431.04 in avoided costs. The other cost of not having this project funded is the damage potential to citizens, employees, vehicles, and equipment from the busy area of the current drop off. The environmental costs associated with landfill space such as water, air, and land are costs that would be incurred by not having this project funded. � ATTACffi1�NT 1.5 The City of Cape Girardeau is supporting the State of Missouri's policy on resource � recovery. The City is committed to minimize the amount of solid waste disposal, reduce I environmental and public health threats. The City is committed to collecting and processing i recyclables to assist in increasing the manufacture,the use of products, and preserve our natural � resources. The City is striving to meet the residential, commercial, industrial, and agricultural � needs of the region. The City's ultimate goal is to incorporate solid waste reduction through i recycling into the solid waste management activities of its policy and the State of 1V�issouri. I Refer to pages 31, 32, 32A, 33, and 34 for addidonal support for project coordination. il Also, review Supporting Documents,Personnel pages 42 to 47. j ATTACHMENT 1.6 ,I The City of Cape Girardeau understands that recycling is exempt from Federal and State �I pemuts. ; The local pernrits will be obtained from the City's Division of Inspection Seivices and ; Division of Planning Seivices. They are as follows: Special use, building, electrical, plumbing, � mechaaical, occupancy, excavating, alteration to public street pernut/driveways, filUgrading, stormwater, and floodplain development. The City will follow.all State Laws on professional ; � design requirements. 25 ' � ATTACHMENT 1.7 MISSOURI JOBS CREATED �� Num��r Puratio� Remainin� Permanent: Worker/L.oader 1 Yearly 1 Interim Personnel 1-3 Periodic 1-3 City Inmates 2-13 Periodic 2-13 Temporary: Surveyor/Engineer 1 2 months None Excavating Operator 2 1 month None Carpenter 3 4 months None Concrete Finisher 3 4 months None Laborers 4 6 months None Forklift Operator 1 4 months None Plumber 2 1 month None HVAC Technician 2 1 month None ATTACHMENT 1.8 � Current education is being extended through educational presentations to elementary schools and civic organizations. Flyers and brochures are sent through monthly billing. A grant from the Solid Waste Management District for a TV information campaign has been awarded and implemented recendy. The objective is to strengthen consumer participation in the City of Cape Girardeau's Recycling Program, as well as Solid Waste Management's District R and to bring community awareness of how to correctly recycle post consumer waste, resulting in a more efficient program from the home to the end product. A survey that was taken after the first series of the comcnercial was aired is attached. Refer to pages 32-A to 32-F. A video will be available after the commercial period is completed. Pictures and tours will be ma.de available to all Missouri cities, universities, schools, and the general public upon request of the new drop-off center and the entire recycling program. � 26 � SCOPE OF WORg � Communication will be controlled through Ron Schlosser, Technical Specialist,who will be the Project Coordinator. Proiect Tasks 1. City of Cape Girardeau Council approval to enter into a contract with MDNR. Personnel: Douglas K. Leslie, Public Works Director Tim Gramling, PE, Assistant Public Works Director Steve Cook, Environmental Services Coordinator Ron Schlosser, Technical Specialist Pam Sander, Solid Waste Coordinator � 2. Obtain at least 3 competitive bicls from qualified building contractors and select the best bid. Personnel: Ron Schlosser, Technical Specialist Nancy Poston, Buyer � 3. Obtain at least 3 competitive bids from qualified container companies and select the best bid. � Personnel: Ron Schlosser, Technical Specialist ; Nancy Poston, Buyer I 4. H'ire a Worker/Loader for the project through advertising and the established process of i interviewing. Will be hired at the beginning so he can be trained at the current drop off center � and assist in the construction of the new center. ; Personnel: Pam Sander, Solid Waste Coordinator ; Steve Cook, Environmental Services Coordinator � 5. Buildin , drivewa fence la out and neces buildin ermits. g Y, Y , �'Y g P Personnel: Ron Schlosser, Technical Specialist ' Pam Sander, Solid Waste Coordinator Richard L. Murray, Inspection Services Director � Ken Eftink,Developmental Service Coordinator � � " 6. Construction Phase-Preparing existing Public Works operations yard for the new drop off �;,,,,,,� building. This phase will be a cooperative effort by the Solid Waste, Water, Sewer, and Street Departments equipment and personnel to achieve. Personnel: Ron Schlosser, Technical Specialist 7. Construction Phase-Utilities and subgrade work performed by Water and Sewer Departments. Personnel: Ron Schlosser, Technical Specialist 8. Construction Phase-Building erection. Personnel: Ron Schlosser, Technical Specialist 9. Construction Phase-Driveway installation. Personnel: Ron Schlosser, Technical Specialist 10. Construction Phase-Fence installation. Personnel: Ron Schlosser, Technical Specialist 11. Recycling collections and processing start up. Personnel: Ron Schlosser, Technical Specialist Pam Sander, Solid Waste Coordinator New Employee, Solid Waste Division 12. Project reporting, quarterly and disseminate infonnation if requested. � Personnel: Ron Schlosser, Technical Specialist Pam Sander, Solid Waste Coordinator 13. Project Closeout. Personnel: Ron Schlosser, Technical Specialist Pam Sander, Solid Waste Coordinator � 28 • M � � � O r . 4 .. . ' t` , � ; . � �' - 1 . . � � � � ' ..... , _.,.,...:e. .' ."::`'7 2 ;x: ' � BUDGET S Y .. .. . ... .. . :. . ::;. .: ..:, :�: .x'� . .�.. . ,. .,-..,...:. :..�.y. .T_�.�c:. ...w..r.�.{..��.f,,.;,,..::,:.^`.:;:ti:::. "�r�,��,,7.QL`�Cii�J��`�R%'�v.::;:..•: ..� :• :�. :....;,,...... .'�...r�:::�.:ffi ' .;:...,. . .,..:..:•.•_Y . �n,ov�, $15,746.00 � $15,746.00 F1�LOYEES (4) $ 1�600.00 $ 1,600.00 Fxc►+ce c wR:.�..u..x� $ 4�000.00 $ 406.00 $ 4,406.00 ;,�y���;«::::��y.ix-�.;Ky:�: :�y:��Jy,y�:�.�.;-y,>:«. , :0.,��r:h�,•;•iti,�l;��1„"1,��-4S�F��.v��'^. .. ... ... .. . . . BUILDING ' $50�000.00 $50�000.00 FENCE QONTRA $ 7.000.00 $ 7.000.00 SU�BaONTRAC'I�OFt $ 3.254.00 $. 3�254.00 :;:�;�-.V:..�-���:��::::M> �-�»,:<�.::. � �o��.�Q:�.�P2G[E�.t'�F_x::{:;=,.�i;. ..... ,..........,... �...... CON'PAINERS $20,000.00 $20.000.00 E'ORICLIF'T RQ� $ 7.280.00 $ 7,280.00. � BAQQ30E RENr - $ 1,920.00 $ 1,920.00 BALER�RENT $ 3�644.00 $ 3.640.00 �-s:•r•::,:-.�.;��;.,.,..:,.�. . :. <�:: ..,•• . : - :'>5��';�'<�;#��>:'.''�:�._:r:..�. =::'e.'.:'i,:.:::9.p5fK:4::�i6.'•r:��;'�tt r.;�i::4':� i�!�.i����.,�"n'a;�C.-'�:a:.,.Q,'��.�'r.M1r`�+:`�v.': - ;;�y�:{t7;f.':le:�iL;:i�i+t::.'-.�.;v,.ty�•.,+.�:. ........:%::':.:.'..t.:x:u::::`>:. �.;�.:�n�:fi�i��.'.i:='_q:'�:��� �r' . _:�' Nv�0:���.�'.��,+.'[Y f'%. . iW :•��1i:54'l.'fi&�S:wii)W�J�.a/.' �:�.�n:.n � •v..u�.:.y.�:�::•:::: ...�,-..�.... .y::y .y....:.... ::/f.�.YF' i.iC•.. . , .��....:;. -...�ti,` ,` .:�.y:, • i'..`i0.� :::4r..•.. ��x� "5:r!`�.�%.ff`�?.:•sf.�[;�i:i: � ..�..:'y�7�.r:?.. ..Zy::;^.ii{.^ . .. : ;. '�� .. : . . � '��� � � � .'� ,� �� � �i �. � ....:.F . .. � '• 1� f'� `�Y.Y '� ''•.i ,hfF ��r _ .�� '� r,'vw•.;w. • y ., . � .. �.e;9��y� x. �x ` , . • : ,- : :a . :� . < �:... :• i l�t . .f r.. .�y..:� �"��V.a�:v[� .J' ., 7 • !% . . . .:. .... .....:..:..:.:...: ... � . ......... _ ..: : � � ........'.�:.. �. .+ °�. .. �.M•:. ,. �•� r:� - n � - •� :.. �..x... , ., . . . .. .. , ,, .. •. �. . . .. .���yyy�,�,:�9'.;:. •%�'�.Xy',:'. '+ 7 i�i..,w.: '��.. H � � � �. � �i.�.`�,Wf/f� �; '.' .... . ��,f. . i :ri��l,, •1.%!� �A��< ,j/i i,�,.i,, k.•:ri�'�'�:' T� . ' `-. ;: ��' , . .. . . .r. . . .c... i ...., ... ': ,....�:: . :::�: , :. .:: .7�I • � • Budget Explanatcon Requested Funds Columa Personnel: � . The figure for Employee 1 was figured from the City of Cape Girardeau's Pay Plan. The employee that is hired under this pian is classified as a Loader in Group 4 of General Setvices. The level of pay for a new worker is under Level A which calculates out to: 2080 hours x$7.57 per hour=$15,745.60 T'he Fringe Benefits were figured by using the 25.4%provided: $15,745.60 x 25.4%_$4,000.00 Professional Services: Building Contractor was figured by obtaining an estimate from a local building supply company. � The labor and concrete was figured by Ron Schlosser who has an extensive construction background. The amount was figured for materials only. I $16,570.00 Material Estimate from local company. i $ 2,485.00 ($16,570.00 x 15%_$2,485.00)for lviiscellaneous and Overruns. i � $18,000.00 Labor(600 man hours x$30.00/hr average) Includes insurance,taxes and fringes. i Prevailing Wage Labor was figured to coastruct the footings,building slab, erectioq i electrical and plumbing. � Concrete drive 20'wide x 75'long x S inches deep x 2 for each side of building. � (20�x 75'x.666 x 2= 1,�s cubic feet divided by 2�cubic f�Jyard=�4 cubic yards � $ 4,070.00 (74 x$55.00 per yard of concrete) � $ 5,400.00 Labor 180 man hours x$30.00/hr average)Includes insurance,taxes and fringes. i . � Prevailing Wage Labor was figured to form, pour, and finish concrete. � 4 such as rebar reinforcin wire and miscellenous su lies. � $ 3� 75.00 Other Matenals , g PP $50,000.00 Total from Budget Summary � � . 3p-A • Fence Contractor was figured by calling a local contrador to get an estimate on a 6 ft high chain � link fence with 2 barbed wire and 2 20 ft. gates installed. $ 7,000.00 Total from Budget Summary. Estitnate 500 feet of fencing will be needed. (500 x$14.00/ft.) Other Subcontractors was figured by estimating the need for a possible for landscaping and sign age. $ 3,254.00 Total from Budget Summary. Match Funds Column Equipment: $20,000.00 T'his amount is the cash match that the City's Solid Waste Division has available to purchase 4 yard self dumping containers. Each container will cost$1,666.00 with - shipping and decaling. Match-Ia-Kind Column Equipment: � This figure was obtained by calling the forklift dealer. $ 7,280.00 (260 working days available per year x$100.00/day=$26,000.00 x 28%used for the drop off center=$7280.00)The 28%figure is from page 19 the next paragraph under the table. Rent for the forklift. This figure was obtained by calling some local contractors to detec�cnine the hourly rate. $ 1,920.00 (2 days with 2 backhoes to prepare the new site for the building= 16 hours x $60.00/hr x 2). Rerrt for the backhoes. This figure was obtained by calling the baler dealer. $3,640.00 (260 working days x$50.00/day=$13,000.00 x 28%to bale materials from the drop off center. Rent for the baler. Personnel: $ 1,600.00(40 hours x 4 men x$10.00/hr to clear and gub the existing Public Works operations yard for construction. $ 406.00($1,600.00 x 25.4%Ftinge) � 30-8 . ( ? SUPP4RTING DOCUMENT,�' � � � � � � � � � � � � . ' �N.�. .".. . � . .,�46ti .. Y �_.. . . . :.t�<„� + . . . .. _ �i � Memorandum Public Works Department TO: Whom it may concern FROM: Pam Sander, Soiid Waste Coordinato�� DATE: Febnzary 10, i998 SUBJF.CT• Recycling Prograrii The City of Cape Girardeau obtained the tra.sh disposal service from a Private Hauler in July, 1974. Our focus was on trash removal until January 1990,when Senate Bi11530 went into effect. Under Senate Bilt 530 we have been striving to meet the goal of 40%reductiou in waste taken into iandfills by January 1998. The City of Cape Girardeau started its City-wide Ct�rbside Recycling Program in October 1991. We provide a user frieadly service. We cotlect newspaper, magazines,glass, plastic, steeUftn and aluminum cans,corrugated cardboard and junk maiVmixed papec,weeldy at curbside for our residentiai customers. In addition,we have a drop-off at•aur Recycling Center for apartment dwellers and others who want to recycle. The program has also developed recycling secvices for appliances,leaf collection,composting, street sweeper debris separation, Christmas tree disposal and telephone books. Our goal has been to provide additional � avenues for citizens to divert refuse from landfills. We have good�solid markets for ALL of the post-consumer materials th.at we handle in our Recycling Program. From the beg'�nning of our Recycling Prograsn,it has been recognized that education plays a significant role in citizen participation. A video about Solid Waste and Recycling was developed through a partnership with the City's Solid Waste Task Farce. A copy of.this video was given to alI area schools and aired on Cape Gu�rdeau's Public Access chsnnel.i have developed educational progmn�s that I present in the classrooms of our area schools and to iocal civic organizations. In additioq the City has the capability of sending inserts in the cx�stomer's monthly � utiIity bills. Periodically throughout the year,recycling information is sent to the 14,000 City utility customers. The most receut addition to this effort is a television commercial wtnch includes a theme song and campaiga slogan`�.et's Do It Right".This public Awareness, Educational Campaign was partially funded thaugh a grant from the Southeast IvLssouri Solid Waste Management Distrid. Also,updated and additional recycling infocination is aired frequently on the City's Public Cable Access Channel. Over the past scx(�years,the prograin has been expanded,enhanced and modified to meet the needs of our recycling Public. In July 1997,the�City implemented a taro coatainer limit for refuse with tags available for purchase for additional container{$1.00 each). T6is volume based pricing system for Solid Waste has encouraged recycling and fucther reduced the amount of refuse go'uig to the Iandfill. The citizens of fhe City of Cape Girardeau are respoading to the need foc waste reduction and we are dedicated to providing them with the best waste disposal optioas available. We will � continue to expand our Recycling Program and meet or exce�d aIl waste reduction and diversion goals. 31 � ���'A`'�� MEMOR.��.NDUlVI �� � u 4 � 'Q Public Works Department � ���� TO: Whom it may concern FROM: Steve Cook,Environmental Services Coordinator DATE: February 12, 1998 SUBJECT: Recycling Program The City of Cape Girardeau has a very aggressive recycling program. Cape Girardeau started the City-Wide Curbside Program in October of 1991. From that point on,the City has improved the program through the years and will continue that effort in the future. We have a Volume-Based System with Full Cost Accounting.The residents pay for any containers over the two container limit. We also have a Compost Program,Fall Leaf Pickup Program, Street Sweeper Debris Separation Program and was recently approved for a Solid Waste District Grant � for a Household Hazardous Waste Collection Day. We have added products collected as markets became available and we will continue to search for markets for materials not currently being collected and processed. The current end users have been very dependable and the outlook for the future is very good The most recent educational effort in recycling is a television commercial with a theme song which encourages i recycling. There is already a sufficient supply of recovered materials for this project and as you I can see by the significant increase in supply this past year,this will only continue. The citizens i of Cape Girardeau are very supportive of the program and it will continue to grow. i The requested funds for the Drop Off Center will only increase the participation rate and i provide a much safer azea for the citizens. This is seen as another step in a very proactive � recycling program. i i � i 32 � � � � m :?L�-';•?... • n;. � Memorandum Public Works Department TO: Steve Cook,Environmental Services Coordinator Douglas K. Leslie,Public Works Director FROM: Pam Sander, Solid Waste Coordinator�' DATE: February 7, 1997 SUBJECT: Recycling-Residential Participation Rate We have completed a survey of Residential participation in the City's Curbside Recycling Program. This sucvey was conducted in order to get a monthly participation rate and was accomplished by counting each residence that participated and the number of times they participated over a period of one(1) month. The results are as follows: #of Eligible Residents Total#of Participants Percentage � 10,198 4,634 45 % 1,566 residents(15%)participated one(1)time monthly 1,285 residents(12.5%)participated two(2)times monthly 971 residents(9.5%)participated three(3)times monthly 812 residents(8%)pacticipated four(4)times monthly These numbers include residential curbside participation and do not include the City residents that deliver their recyclables to the drop-of�'at our Recycling Center. I am very pleased with the results of this survey. With continued education and public awareness campaigns these numbers will continue to increase. � . ,�.. - �n .Y¢�-. , . �.���1,1VLU• . .tb�� � , � "� � �. City of Cape Girardeau L � �� ;, o Public Works Department � ��o��' 219 N Kingshighway, Cape Girardeau,Nfissouri 63701 pvbC•� Phone(573)334-9151 Fax(573) 335-0507 December 30, 1997 C. Timothy Morgan Director of Environmental Service and Programs Southeast Missouri Solid Waste Management District 1 West St. Joseph Street P.O. Box 366 Perryville,MO 63775 RE: 1997 District Grants Program Quarterly Report District Grant Project No. 97151 Dear Mr. Morgan: Enclosed you will find the second Quarteriy Progress report for the 1997 District Grant � Program. The City of Cape Girardeau's project is a Recycling Education and Public Awareness Campaign entitled"Creating an Efficient Curbside Program". I The City of Cape Girardeau sent out a questionnaire to residents as an insert in their monthly billing statement. This survey included questions regarding our television commercial � such as the effectiveness of the infoimatioq the visual content,understanding the spokesperson, I theme song and slogan acceptance and recycling frustrations and difficulties. The survey results � are enclosed. � I would like to again thank the Southeast lvi'issouri Solid Waste Management District for j the funding provided through this grant that has allowed us to expand our educational and public awareness efforts. If you have any questions or comments, please contact me at(573) 334-9151. I I Sincerely, � G��,.�- ��-�.� ; Pam Sander i Project Manager Enclosures � i � cc: Steve Cook,Environmental Services Coordinator � Douglas K.I.eslie,Public Wocics D'uector Ron Schlosser,Technical Specialist 32-B � il . �_�.� - of Cape Girarde � C�ty au - Public Works De artment ���-- � �-�-� s p oo s 00 �� �r ������- R E CYC L I N G S U RV EY ��G��l� The City of Cape Girardeau applied for aad received grant money through the Southeast Missouri Solid Waste Management District to assist in fund.ing a Recycling Education/Public Awareness Campaiga. A thirty(30) second television commercial was developed and has been airing on KFVS Channel 12. The theme of the Recycling Campaign is"Creating an Efficient Curbside Recycling Program". The Campaiga Slogan is"Let's Do It Righ�'. The theme song played during this commercial was developed specifically for this campaign. We would like your opinion. Please complete the voluntary survey form and retum it with your utility bill payment, or mail to: City of Cape Girardeau Public Works Department 219 North Kingshighway Cape Girardeau, MO 63701 � Recycling Survey - Recycling Education/Public Awareness Campaigu �k Have you seea the City's Recycling Commercial on KFVS TV, Channel 12? Yes� No� If yes, please continue. �k Please rate the following on a scale of 1 to 5. (One being low, five being high) Circle one ✓Theme Song 1 2 3 4 5 ✓Slogan"Let's Do IT Right!" 1 2 3 4 5 ✓Understaadi.ag the child spokesperson 1 2 3 4 5 ✓The information from this campaign has eased recycli.ng frustrations and difficulties 1 2 3 4 5 ✓Quality of the City's Curbside Recycling Program 1 2 3 4 5 I participate in the City's Curbside Recycling Program ❑Weekly ❑Bi-Weekly �Monthly The Recycling Commercial encouraged my recycling efforts. ❑Yes �No � I am an ❑ avid recycler O willin.g recycler . ❑ reluctant recycler ❑ I do not recvcle �� �«�� ��'-'a"`��"`� Doocmber 30, 1997 � .��-i 4 , ., � 1997 District Grants Program City of Cape Girardeau Quarterly Report (Second Qua�ter) Project Title: Creating an Efficient Curbside Recycli.ng Progratn Project Number: 97151 Project Commencement Date: June 23, 1997 ProjecE Type: Recycling Educ�tion aondPublic Avvat�uess Campaiga � The City of Cape Girardeau's Grant Funded Pro�ram is a Recycling Education and Public Awareness Campaign. A television commercial has been developed along with a theme song and campaiga slogan. This commercial aired on KFVS Television, Channel 12, July 29, 1997 through November 28, 1997. ("The commercial will begin airing again February 1, 1998.) A survey was mailed to residents as an insert in their monthly billing statements I � (copy enclosed). The following informatioa represents the survey results: � Number of Survey forins mailed to residents: 13,882 j Number of Survey forms returned: 1,348 almost 10%of the residents res onded to this survey. The National average � P for a survey response is 4%.) i The questionnaire asked: i Have you seen the City's Recycling Commercial oa KFVS TV, Chaane112? j Of 1,348 Respondents: 1 yes � 404 i� no � 94-4 � 30%of the respondents had seen and rated the commercial. They were asked to rate i the following oa a scale of 1 to 5 (one being low, five being high). i mmercial rated the son at had seen the co g) Theme So (89%of the respondents th i � Rating i 1 = 7% i � 2= 5% 3 =24% 88%rated average or above average � 4 = 35% ,' 5 =29% � 32-D • i • J.�� Slogaa (92%of the respondents that had seea the commercial rated the slogan "Let's Do It Right!") � Rating 1 = 6% 2 = 5% 3 =20% 89%rated average or above average 4 =29% 5 =40% Undecstaading the child spokesperson (91%of the respondents that had seen the commercial rated this category) Rating 1 = 8% 2 = 5% 3 =20°/a 87%rated average or above average 4=32% 5 = 35% The informatioa from this campa'ign has eased recycling frustrations and difficulties (86% of respondents that had seen the commercial rated this category) Rating 1 = 13% � 2 = 7% 3 =32% 80%rated average or above average 4=26% 5 =22% Quality of the City's Curbside Recyciing Program (95%of respondents rated the qualitY) Rating 1 = 6% 2= 5% 3 = 15% 89%rated average or above average 4= 31% 5 =43% The Recycling Commercial encouraged my recycling efforts (of the 404 respondents who had seen the commercial) � yes 40% � no 38% � no response 22% Note: Numerous comments were written on survey forms regardi.ng the above. �"''� Many respondents marked"no" and stated they already recycle and will continue to do so. 32-E • w ".._y. .' � (Of the 1,348 Respondents): I participate in the City's Curbside Recycling Program � Weekly 51% � Bi-weekly 17% � Moathly 11% � No Response 2Io/a I am an � Avid Recycler 40% � Willing Recycler 44% � Reluctant Recycler 3% � I do not recycle 3% � No Response IO% The overall survey results are positive and very encouraging. �. I i I � �3�.'10i 99 1 C;� NO. 173 D01 saurr��asr �r�ssauR� SOLID WAST�' MANAG�'I�ENT D1STRlCT � t West SL Joseph &treet o«u►is t�uc�,cx,e�rn,.n P. C. Box 366 oou��,a�K.t.��e,vto.d,aim�n perryvllle, Miasourl 63775 c.nmotr�y Mwyan�s�a�eay Phone: (573) '547-8351 Gr��undsley,Tr+�tsuror �ax: (573�54T-7283 Thomas G.7uolur�Exeantve Diroctar Pebruary 10, 1999 Mr.Ran Schlnsser Teclmica3 Specialisrt Public Works Uepart,ment City of Cape Ciirardeau 219 North Kit�gshi$hway Cape Girardeau,Missour�63701 � RE; 1999 Waste Rednction and Recycling Proj�ct Prdposal Dear Mr. Schlosser: I am writing on beha�f of ths Sahd Waste Management District m gupport of the City of Cape Girardeau's application bcinP submitted to the Missouri Departmens of Natural Resources under the 1994�'u►at�cial Assistance Program for Waste Reduction and RecY�P�J�s. The Citye Public Works personnel continue to invoh+e tt�c Distcict's planning staff ia rtretings to discuss the City's proposed pro,�ects regarding waste reduccion a�d recycling. We are grateful fox tIx opportunity to ariend these plaru�ng mcetings. Thc information which is presented concerning the Cit�s current pmgratt�s aad pIoposed future activitiec with regards to waste reduction and recycling is helpful ta the staff in plapning and coordinating other projeets to serve the Dastrict's residents. Construction of this proposed facility,adjaocnt to tbe G4t�s Public V6rorks c�mplex on North Broadvi�w Street, should serve co i�erease che a�rronnt of recyelable matcrisls whieh are collected by the C�y tlIIough the drop-off program This fac�ity should incrcaae parttcipation in tho(:ity'a dropoff prQgraa4 P�Y from those indivkivals � 33 i N�. 173 002 ��_i 10/99 10:� � Mr. Ron Schlosscr February 10, 1999 Page 2 who do not currently use the drogoff facility du� to the amaunt of Pub� Wtirks vchic�cs which must use the sartx entra1rce and driveway. Hopefully,this facility would aLso increase the partieipation from those indiv�dua�s who are not served by the City's curbsida recycling progrem Thc District fully supports tht Cit�s apptication under tf�e 1995 Waste Reduction and Recycling Prajects Fuiancial Assistanee Ptogram. tYlease cont�nue to keep us infvm,�d of planr►ing mcctings and other aetivit�es associated with this propased project. Sinc ly yonrs, � . �� / � Ttiomas G. TllCkCT �xecutive Director � '�'GT/bk I i I i � 34 SWI�DYeict 6kti 4SSH.1C3T�wm0#Cati'eeP•.'INIGfw�toreroye99.'RPd i f . . . • .. . � . . . . .. _ ::4 � �S, . . . . . . 422? 'Srl �i9:.iG (D:LR.'d l E4FP_`�C45J0 FAY,: p� 2 �►./ � � _ reff�zson Srnurfif Cor�ora�ion Tekplw�,,e(;�<)3d�-e93� Smurfi:Rec}•dit�Comp�n�. Fax(3f()6:"g•23pp SStK Natlral 8cid�c Ra:d st.t.vu1�k;o 6312c1 Febcuary 1 S, 1997 Ms. Pam Sat�dccs City of Cape Girard�au 219 2lorth Kirtgshightivay Capc Cirardeau, MO 5370I Dear Yam, � Smu�t EZ�cy�clin�Campan} is w�iiiir�to acccpt recy�led materia� f:c�ct� thr City vfCape Git�cdeau. The recS�cied mafcrials incIude:balui cocxu�atcd,hG1ed mixc:i pla,etic, loos� �6 news, l�osc of'fice�v�stc.ar�d junk m�il. �'��c h�vc lons tcnn markcts for Rti thcs�matorials. S i nccrcty, � i �G�✓N� Stcv�Neidcnbach Accounl Represen(,ati�e � . � 35 � '�''� E3:ECUTi'VE SUMMARY �hc City of Capc Gicacdcau is socicing an award of a matduc�gcant Crom tlie So(id Wastc Managcmcnt Distcid foc cocyc,lins cd�cation aad public awacccicss. Thc grant is foc tl�c c(a�b[cs fo�thc City's dcvdopmcnt of a TV infocmatioa campaign on liow to pccpacc thc cccy collociion pcoccss•Thc City thcough KEVS l2 wil(pcoducc thc titlod progcam,"C�cating an Effiacnt Cucbsidc Rocycling Pcogcaai'co all thc stations vic�+'nng��• ���a�dc;au Thc objoctivc is to stccngthcn cocuumcr participatioo i�thc City oCCap R��(ic�g p�ogcam, as wdt as thc Distcict and to bring cocnmucutY a�«as of how to cocrcctiy cocyde post coctsumec wast�• �esu<<ing in a moce e�dent pcogracn fram thet o��eff�ns which codud. The City's so[id waste tcam wants.to icy a ncw approach to�duca �u�tiona[ � P y ccvious wii[iaaease pactidpation by cesidccits who have not bcca ccach�d b P pcoccdurGs. Thc mcssage wi�l bc dcvclopcd to bc uscd by a(l cccydiag agc�u�in thc Distcicc �upoa thac coqucst. We will develop a theme song and s(ogan to use as an instcumerit to convey thc message � We plan to have a ctu[d spokespe�son Co�the public to �elate to on the aspeas oC�ecycling and to expcess the ucgec�cy of this mattec on thci�tcRns. We feel this will be an c(�'cctivc way to motivate people of alf age gcoups to �ecyc(e and to ceinfo�ce the impoceant reasoas �vhy. We will incocpocate into the commueial as many clips of our co(leciion process on the routes and at the Recycling Center as possible. We plan to expose the Solid Waste Management District's name throughout the campaegn. We will show visuats on proper pceparation and separation of yard � waste, white goods-appliances,com%gated ca�dboard, plastics, giass, aluminucYL stee(-tin cans, and newspapers-magazines. We hope to so[ve the problcros with contamination of ouc cecyclables• We will place emphasis on removing lids and rings on plastics and glass, rinsiag excess material from.alt containecs and diminate packz�ged wee newspapers: These probtems are very costly to the City in i time and monay. The lid and ring cemova(a�c vecy labo�intensive whcn perfocme�by C y h the c clables as a wholc. Gxcess mateciat teft in I employees bocause they have to soct throug �y contaiaers taices time-consuming inspxtiocu to so�t and is vecy uc�healthy to employees. We want � io ease the miscoaception that it is di�'icult to rocycle. We want to eliminate frustcation of i residcnts that h.ave not beect c�ached by otha educational cffocu• Al�in atl, we want to save i valuabie landfi[I space and in turn encoucage source rodudion. �o�atd oae thi�d of � Our cecycl�cng pcog�n1 has an oPPoRuncty to grow since only app Y e We feel that the TV commuaat effocts with song and at . hom�s in Ca� Girardcau partiap . the e � ve the ef�ic,�encY af thos i sloga� wi(l canind consumees to change their waste habets and tmpco that do cecycle. We want to ceach the righi people with a message that motivates through I frequent commucials. . ob�ectivc. Mo�e than 80%of the I E�uezn foilows some KFVS background to suppon ouc � households in this market get thar infocmation and entertaicunene from KI'VS 12_ The station canks in the top 10 of all CBS affi[iates foc viewer ship. Tfus is sigcu6can�bec�use tele o`i�L�al � the most influecitiat modia and loyalty co the ct�el is vecy st�ong����o of tho e households ; coeyding households in th�City of Capc Cricardeau. KFVS l2 rea e�u b� � � with a tdevision. These numbas ceP«sec�t a g°°d ct'an�that our educational mess�g ceen hv evav househotd in town_ 36 � � . .�' . � � Wc wil( aic appcoximatcly 22 chicty-sccond commcrcia(s pcc montli Cor scvcci months. Thc times wi(l be sp[it into fouc to fivc times on thc wcxkly Bceakfast Show bctwccn G:00 and 7:00 a.m. and oncc on the Sunday cvcxung MASH tciplc featuccs betwccn 10:30 p.m. aad ' midaight. KFVS I2 will providc us with a half pagc ad in tl�c Eiomc impcovcment Guide to bc �distcibuted in the spcing of 1997. Hete again we wi[l inctude the District's name for exposuce. At the end of ou�commercial campaign they wi(l provide us a Gve minute video to distcibute throughout lhe Distcict. Tlie eost of ouc 30-second spot is$97.00 per cun. The cost pec moRtli is$2,l 50.00: Monthly messages aired 22 times pec month times sevcn mo�tlu wi(t givc us a total cosi of$IS�OS0.00. Of tfus totat, $12,500.00 wi((bc from the Distrid Grant and S2,SS0.00 from City matching funds. � SITE LOCATiOI�I EZecycling Center, l20 Nocth f3coadview, City of Cape Girardeau, Missouri, Cape Giracdeau County, Latitude 37 degrees 17 t�iorth, Longitude 89 degrees 32 West. � �.. 37 ' . � ■ �es�dent I�esource A quarterly publication of the City of Cape Girardeau, MO October, 1997 � � � Let's Do It Right . ' , �� '! � ' I LeYs do it right � Help save the world we'live in It takes so little time At cur6side we separate To just recycle it. That's how we participate. lt fakes so little time ' !t's called recycling To help save the world we live in Let's do it righf. These are the lyrics for a new information and advertising campaign by the City of Cape Girardeau Public Works Department's Solid Waste Oivision.The campaign is being funded through a matching grant from the Southeast Missouri Solid Waste Management District. As most, if not all of you know,the City provides weekly curbside pickup of recyclable goods for�esidential � customers.Additionaliy, the City's Recycling Center, located at 120 N.Broadview, is open Monday- Friday from 8 a.m u�til 4 p.m.and Saturday from 8 a.m.until noon for drop-off recyclables. Accordi�g to Solid Waste Coordinator Pam Sander, the City now accepts six categories of �ecyclables. I Below is a list of items currently able to be recycled and a desc�iption of how to properly prepare and padcage � them for curbside pidcup or delivery at the Recycling Center.Each category of recyclables should be packaged j separately in a pape�or plastic bag and placed in a recycling container or box at curbsicie for collection. j Aluminum, steel, and tin cans Lids and labels do not �eed to be removed, but please rinse ca�s to i remove excess food. Not accepted:�aerosol cans. ; Plastics:Remove lids and caps a�d rinse dea�.Labels do not�eed to be�emoved.Not accepted:styrofoam, � egg cartons� newspaper wrappers, plastic bags, a�d tape cases. � Gtass:All colors of glass bottles ca�be recyded.Please�emove lids,metal rings and caps and rinse ciean. j l.abels do not have to be removed.Not accepted:broken glass.window panes,auto glass,household china,light j bulbs, and glassware. News a ers ma azines,and catalogs: Put in plastic or paper bag, or bundle with st�ing and then place i P P � 9 i�a recycling container.Wet newspapers�magazines and catalogs cannot be accepted so please be sure these; items are protected during wet weather by placing them in a plastic bag. Corru ated cardboard and rayboard/chip boa�d:This category i�cludes cereal boxes, soda case car; 9 9 tons,shoe boxes,etc.Be sure items a�e f�ee of wood and staples o�food stains and flatten boxes.Not accepted� pizia boxes, frozen food containers. i Junk maiVresidential mixed paper(must be kept separate from newspape�s, magazi�es, and catalogsa' Envelopes (includng window). statiot�ary� copy paper (all colors), computer paper (including g�ee�bar), notE book paper, and typing paper are all recyclable. Staples must be �emoved. Please be sure these items ar� � p�otected during wet weather by placing them in a plastic bag. � - Should you fiave any questions, please call the Pubtic Works Depa�tment at 334-9151. And remembE Let's Do it Right! � 38 � ..+..��w� . � . '�?g,r� ,.�. .�yY` .,.e�.. _ . �.__._._..'- ' . -.. ' . ,Dy�. � . �I�I7 . . ' K.' , �_ p ; Z a" . ' p- ' � � � �nn;ir • 4 C � "' �omr�mcn m O _ -i . - . . . , i- �:_: £ � �1 p> i - � i � m - . D =pm; � � ' � ` D (� ~ n' a ���' � O m � � � � S }T-•>p F3CR' :tt:� 4t`�i� � M -G �oZ�� c'�-1t);TIQI�lO✓:"..' .. '.?''� J.�.� 'i�:��.-' ' m p d �zrn,m _. ., : ,. .,- . , o � :UO M ��a�; _ � .._ . _ �.,.o �n � ��oZ _ . : ..m � � m �o,� , 3 M d � b a y�'�o �, �v m . � d ��-+ � � m � M DMM �1 '_s`s Q -p;,_. -f- C7 �" � C E �,y4 m'. . m t� M v �. ni 3 t'' '.. $N� , a ..' N O ::£ . � :C � O � ?°y O -� � -{!l O C� D ►' � p. � z � t'' C �0 N� . .� � , c r � .o �- m .o i> - . , .�j � y p O V v D �I i< : . . . 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'�t� i�NEiGHNU1SiER�CERTIFICJITE � - • . • � . � 515.1.SANFELIPE.SU�TE 1400 � •* ' ' <.. .. , r ' . :` <�` :: - i . �}y�} /� HOUS�ON,.77C 7TOSS. . t {� �410.1,�1V pHpNE(713)88�=5048 a������is i�c FAX:(713)881-5010 , � � TEIGflNASTER: SYRATEGIC MAYERIAL, INC. Date,: O1/28�98 TruckTNoketCAPEGIRA CAPE800 �EIGBEU Ai: ZI BRANCB STREEt' Time: 13:01.:43 St (AUIS, NO 61i41 In: 12:56:07 COAP 10 Grade �Quant i ty Account Number: NC10467K � Material Total :G,APE �GIRARDEAU, CITY OF 2 ; 15140 L _ �MIX�: ` r.�.p0 :BOX 61,7. :'.;� , , . . ,�'-'APE.�•GIRARDEAU.�.,+MO ----� .:_6371�2�- � -=-^�^., _ ' r, Tatal ' .� '�'rk Li c: 800 ` �` ' � • ;}Tob No._-s T000�0�0 #Lds: 2059 : >49060(MANWT) Lbs Grs , ` "t�,?ob Wt . . 20518:.93 TONS 33920(K) Lbs Tare ;:�;:��b Nme. sNo Freight 15140 Lbs . Net ;::�� =ob �Loc: No Freight 7.5? Tons Net ���=�; : Load IN �•::A!�.k .�`�,�,� . ��%;�Y. • ..�fi r. ;�• ... �- :. :�-j . -. . ,;; � Peggy Smithson ?F. 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Z . �� s ...���� �o ��m � o.�c� ,IUG, c ncv■v......r. , ' � .� s. �'����!}_A�e."... � � . . . � . � Pgt�illg ` � ��'»ra�� _�,, � ' � � , . ; � . . 1219 S't.Joseph 0't�.�Broadv(ew.. Route 3 North � (573) 547-7476 (�) 3:�e58 (618) 826-.riG00 � � . (573) 335-9457 � � � � BUYERS OF ALUMlNUM CAN� ALUMlNUM SCRAP, BATTERIES, � � BRA , COPPER, RAD/ATORS, LEAD, STA/NLESS STEEL ; _ . oate a/ '�/9� QTY. DESCRIPT'ION AMOUNT ; � � � y ; � ; . � . , ; . TOTAL Cl�3 lo � i � I CERTIFY THAT I MA THE UIWFUL OWNER OF THE MATERIAL THAT I AM SEW NG � _ TO SIOES METAL RECYCUNG. J �. ' Customer Name � �/ ( Address � ��Zan� �ou } � _ 1 _ _ � SIDES METAL RECYCLING r ili �ape Girardeau Chester � ` 1219 St Joseph 80 N. Broadview Route 3 North i (573) 547-7476 (5� G�yg (618j 826-5600 (573) 335-9457 . ' BUYERS OF ALUMINUM CANS, ALUM/NUM SCRAP, BATTERIES, ; BRASS, COPPEI� RAD/ATORS, LEAD, STA/NLESS STEEL � Date � �-y - � • CITY. D��ftl�"fi�N C12'C .�AMOUNT i _ _ �\ T ' t�� T�rE R�t��i E-r� � � � crr� �1 i ; ' :d , �.,' • : � L � � i , • lJ� b a� � i , � � �1���� Zt� •3� t� TOTAL 3 P� � i CERT'IFY THAT I AM 7HE LAWFUL 04VNER OFTHE MATERIAL THAT I AM SELLING � �j � TO SIOES MET11L RECY(XJNG. G �,�I � Cuslotner Name �� 0�` �Ia.P Q . Address y ' ��� �au — 3 _ .. � _ . . . . _;�__ 001399 :� � , B4�CY'lU�U[�tGlPf�.L . • � - ���«��� S��LS � , -2,26 P.O. 8ax 97 Redor�Ark.72451 Customer's Oate �AY 2� --------19�� Order No. C 15758 Name CITY OF CAPE GIRARDEAU _----�—� Address p•�= $OX 617 .--- CAPE GIRARDEAU, HO 63702-���7 � SOLO BY CASH C.O.O. CNARGE ON ACCT. MOSE. REiO. PAIO OUT LAYAWAY I X X . . . � 40.6 TUB GRINDING OF YARD WASTE 225 59 , 13�.00 i — . i HOURS -- � i i i ___----- -----. ----�-- � —._---i--- __._ -- , . � _ ---r-- , � I � 1�` �� ' �`` � ; � � �-. 1 � � - , � � -�-�-�� , I - , � . ; . - � - . - � . ; � . . , i -. , , � - , , �� � , � � , � . , , , TAX � I Received TOTA 9 , 13 5� �� � By . . r � G��� ` ���� �us� J --� � � aw i� � ��'� � ; ,: "� 41-A • � SUPPOR�'IN� DQCUMENTS P�R ONNFI, � � _�.. :�.. ; io ��. - i ��_ .i.�� . .; ` .. �.�. • . .i . . . . . . T .. . � • •`• • Resume of Rona(d Schlosser Home: Route 1 Box 2i F� Benion, MO 63736 Phone: 545-3087 � Education University ot Missouci, Columbia August 1976 - May t978. Ecnphasis towa�ds Agricuttural Economics. Southeast Missouci State University. C�pe Girardeau, MO. � August 1978 - t�fay t980: 8acheior�ot Saence in Agricutturat 8usiness. Emptoyment December 1995, Present � Project Manacler, Rosewood Const�uction Company, a division of Stoverink � and Associates. tnc.. Cape Gi�a�deau, MO. Outies include assisting the � decisio�-maki�g concerni�g cocnpanY oPeratio�s on residential housing i - construction and subdivision development, coordnating of materia[s, � suppties a�ad subcoatraciors, coord�ating supecv�sion with engineers, i i�specto�s, job budgets, and cost analysis. � � Sprinq t 980 - Oecembe� 1995 1 Benton� MO. Duties � Proie� 6id Manage�, Schtosser Co�stcuction Company. nc.. include reviewing blue pnnts and speaficatio�s, coanmunicating with�material and ; ui me�t suppGers�, job inspecto�s, 5 - 10 emptoyees, (written and verbaO, job �9 P eq meetin s. te 9 1 sis and conducting�sa .ty , s� oost ana budget , y ;i Sprinq 1980 - December, 1995 — an [nc.,8enton� MO. Duties inctude � �ce-President, Schtosser Constnlct�on Comp Y assisting decision-making conceming company opecatio�s. - li ber t 995 Summer 1971 - Decem . ���an �m y, lnc., 6enton. MO. �� HeaW E q�i p m e n t O p e r a t o r. S c h l o s s e r C o�s t � �s and hy dra u t i� ; Duties i�dude operat��9 butldozers. tradc loaders, scrape excavators fof ma�y landowners in the bootheel area � S ci� 1980 - Oecember t995 � �a� b�dgeis� il –p g MO. Duties includc makin9 an� Mana er R & W Fam1s. e�ton, ates.;' keeping track of budget-to-actual, yeac ecid reviews, fi�au�ciat statement u��n9, communicating with fi�ancia( lende�s, pe�forcni�g daily opecatio�s. supe em [o ees and markeGng. . , P Y � . •�• c _ � Resume of Ro�ald Sch(osser - Page 2 Activities Commu�itY and Se�rice Chaicperson to� Sl. Oenis Pacish Center Buildng Project 8uitiiing and Maintena�ce Committee fof SG Denis Parish TEC (Tee�s E�counie� Chnst) Comcruriee Member Lay Director tor TEC Boys Ret�eat Pa�el Member Conservation Tillage MeeGngs U�ive�sity Extensiori Cou�d( 8e�to� Jaycees� Softba(t-Slow and Fast Pitch � Coocdnator and P�oject Designer ot new 6enton City 8all Fetd 1994-95 St. Oenis Home and Schoo( Preside�t 1994-95-96 Coordnato� ot St. Denis School Boa�d poGcy making and budgeting 1994-95 Coach St. De�is G�ade School (Boys a�d Gi�is) �994-95 Colleqe �•.y lnt�amural Spo�ts PI KAPPA PH[ Sociai Fraternity " PI KAPPA PHI Sports Contestant Greek Games � SEMO Ag Club 6lodc and Bridle Club ChRstian Secvice Volunteer For Poor In Appatachian Mou�tains in Eastern . Ke�tudcy Pl KAPPA ALPHA AffiCate Hiqh School Senior Class P�esident 6ETA Club Vice-President � FFA Secretary . - Ju�io� Class Treasu�er Spocfs Persona(ity.(4 yea�s) 8asketbali All Confe�e�ce 6aseba(l Ali Conference and Oistrict f�l[issouri State Farme� Award State�Sales a�d Secvice Profiaency Awa�d Personal � 8irth �date: Febnaary 25. 1958 Age: 37 Height: 5'1 t" Weight: 200 lbs. Marcied: Wife Maryil�. emptoyed by Southeast Missouri State University� Chi(dre� Son Tyle� Chan�ing i t Oaughter Mi�anda Alexis 7. :..•.,;.:: . � 4" �. ' . . . �\ �..' t�� � . . . ' - • . ._ �.�. _. . . . . � • `, e Resume of Rona(d Schlosse� - Page 3 Other Re(evant Facts Office Skilts (�clude: Typi�g. experie�ce v�nth l8M XT comPuter and Lotus 123 software, wcitten business cocnmunication. Hobbies and lnte�est: Southe eadn S creat'�ve wci ng 8asketbal( fa�. readng and watching alt spocts. fishcng, positive 9 Refere�ces ° ' Denis Vollink Engineer-Dnary Company � 1903 Shervvood Dr. � Cape Gira�deau� MO 63701 � O�ice (314) 334-827t � Home (314) 335-4354 - Ron Badger ' er a�d P�o'ect�Manager Civil E�gc�e 1 i n Com n Robinson Constcuct o pa Y 16t3 County Road 325 .Jadcson. MO 6370t O�ce (314) 547-8397 _ Home (314) 243-3017 Joe Studce � Y Mayor of-8enton � � 8ento�. MO 63736 � � Otfice (314) 887-3624 i Home (314)�545-3221 � � � -:*l�M� �L . • :: . . _ . . . :� • r�� '��,k}r•���+ J'• �1' T-. . •.t� . - � �s�}� T,r . . . . ..Y.'I � '� � � -. � .. ' � ' . � �azne�.a �. �and.er --- - Route l, Qox 1294-2( Scott City, Missouci 63780 (S73)264-38GG - Position: . Solid Waste Coocdinator City vf Cape Gicardeau, Missou�i Cducation: Missouri Depactment of I�Iatucal Resoucccs Solid Waste Managcment P�ogcam -Solid Waste Z'echnician.Cectification l0/96 E(ouscho(d E�azacdous Waste Pcojeet -Missouri Household Telephone Advicc Manual Training/Certificatc of Completion 8/94 SkillPath, [nc. -The (ndispensable Assistant Semina�7/93 � �Keye Pcoductivity Center -Coping with Dif�icult Custorriers Semina�4/89 Associated [ndustries of Missouri -Wockecs Compensation Woctcshop 8J87 Cape Girardeau Vo-Tech School -Wocd Processing 1986 . Cape Girardeau Vo-Tech School -Business Machines 1974 [llmo-Scott City Higfi School .. -I�iploma May 1972 Know[edge, Ski(Ls and Abi[itics: -�Knowtedge�of DepaR.�ttent of Natucal Resoucces regu[ation coacerning solid.vaste management and cecycling programs. Knowlcdge of cucrent Ciry of Cape Gicardeau sotid waste and cecycling cules and regulations and the City Ordinances pectaining to these programs. � -�-Kno�vledge oEcuccent City of Cape Gicacdeau Persocuid policies. -�-Skitls in communications,oPf�ice management and customc<<elations. - • • • �- --� __s�__,._ ,.r�ti�ri�vision. � • s, c , (�an� Sanc�cc (�agc 2 Ecnploymcnt [{istocy: City of Capc Girardea.u,Missouci Pubtic Wocks DepartcnenUSolid Waste Division 2(9 t�IoRh Kingshighway Ca.pc Gica.tdeau,Missouci 63701 573 334-91 S 1 Sup���soc:Steve Cook,Gc►vironmcnlat Sccvices Coocd�nato� ( , Datc:03196 to P�esent �osition:Solid Waste Coordinator �esents.cduca�►onal talks and Ducies: Develops community cducation progra.cas fo�rccyciclg�p��tc�. Coordinatcs aad materials at community groups and guides tours of the Rccy � mackcts the sotid waste and recycling p�ogcams with the dicection of the Envi�onmental Secv�ces Coordinato�. Supervises al1 p�rsonnel aad daily opetations°f«lhetrec ct ng marl:etosn tub dfili � ctosucc, refuse and recycling cotlectioa- Develops and nnanages y ams.Or*anizes and grinding pcograms,comPost a�d mulch program,and employee safety p�a� 5 Rici tes ia regiona.l sotid waste effons inctuding the loag t a n and ssuesl egu�a�PcogTess Pa Pa` solid waste progra.m. Pecfocros p�ogram ma�itoring and ewd.lu ce cu. Responds to cuctomec inquires and complai�ts• i P� " e Coordinator Date:Eull Timc-0 VO 1/85 to U3�96 j Position: Customer Servrc pan�'imc-0721/80 to 0 t/O 1/85 i inin�to the Solid _ vidc infocmation to residents/customccs pecta. i Duties:Custome�Service Pro Waste Division's solid waste aad recycling pcograms- Handlc telephonc and��«-tR customec v'cc and scnd out infocmatioaal shects to �esidents concerning the ne ad � - -com taints. Give tetepho �efuse tcuc4s on solid i P e. Dis tch houschold hazacdous wast Pa l of t ro handling and disposa Wo�tcecs Compensation firs i p � nnel file maintenance, • �vaste and�ecycliag routes. Paycoll,perso . repoct of injucy and numerous othe�pecsocu►e[celated duties. Data�t billin UcocrecBecTo�s and c custom S ts. Monitor Z'cansfer Station data entr�!fo � customer accoun �te�rdinato�and Enviconmenta � S u ct and assi'st Solid W , sotve problems as a sazY• PP� ���at��„o�� ��ui�es. i Services Coocdinator as needed. Geneca�office dut�es. Perfo cust Co n i Capc Mercant�lc Baak and T � Y � 325 N. Kingshighway Cape Gira�cdeau.Missouri 63701 •�sor: [=ranl. Westl�homas Cheek � (S73) 335-0421 Supcc. � c for t due consume�loan accoun�s•�f�'� ' Duries: Process Consumu loaa papuwotk.cotlecto pas investigatioa, toan teller. . ,� . � -;s . "��. ' �� r. - � Pam Sandec Pag� 3 City of Capc Gicardcau, Missouci Public Wocks Departmcnt 219 Nocth Kingshighway Capc Gicardcau, Missouci 6370 l (S73)334-91S1 Sa�ccvtsoc: Bill McDo�ve!(, Public Wor4;s Supc�intendent . Position:Secrelary Datc: �ul(timc-OS/78 to 07/79 Pact time-0?I78 to OS/78 I�uties:General Scccetarial duties, payroll pccsocinel file maintenancc,switchboard opecator, purchasing and numecous othec of�ice re(ated duties. � City of Cape Girardeau, Missouri Public Wo�ks Depanment � Arena Building Cape Girardcau, Missouci 6370 l (3 t4)335-542i Supc�iso�: Roben Gass,Pact:Superintendent Position:Secre�an• - Date: Pact T'ime Tcmpora��- i l/77 to 02/78 Du[ies:Gencral sec�etarial dutics, paycol(,pecsonnel file maintenance,switchboa�d opecatoc, puccha�sing and nume�ous othec of'fice ce(ated duties. �„rr+� � SUPPORTING DOCUMENTS � . , � � .. �;� � _ _--- .. � �� � �- � . z )U�S�' SC� �, � `t N S6'.s)4• . ��%�f�� `� � `1 � � ��58• ` � N 6� „ � 2� �n`I-� � � _ _ � ��'•; � o �t Q�l.� T � o �1 ._ ' V � '. I � N 7•�� 24. � � e � �� � � y � b � = v a � � y � � � � � � �,� I • �. h , ,,T � o � �y G�.r�ar d e r� �;: � a o , of cape � . o � � cl�y � � . . , � a . , � . I �orks a publi� . i � - \. o � _� — �act 2 � � I � �` � � � .� � � Sh�d ' �'N �l �� � � � �� �_ v � � -- � 1 w � � � � ° � _. � � � � oi � � � 9 � m � � z`d H s `- � � � . V '� J - � d ( 6rick � OffCe 6uilding Floor Elev. Water �eP°Bu,ldinq 3gg.58 Nlaintena��e � � I `�n o � � �, � w ' �� N gg'S9'45 `° � 372.92' � c,.��nd 1. Pin . . ._�,._ . . {. � ' • �.. � � 9 � ` � , � ~Q� . N � 1 — � . I I i I Q . � _�, .- � � � c� 49 ' I � t OQ � b J-A .o-x .o�rt .Q-dX �i . � Y7 ' O j� ..D-M � b ' . . b x N �i . � f � a . —� . .a-.oa 0 O O 0 O O ; : � . :. .� . .. ' � m � _ n . � d E � r � � c � Y. C � . C I P t < � � : � ' ' : �,I _ },: . •--1 � ! i � .f � ! { � � . l � f 7 �/ Al y = �! s � t � I�• �� � � � 1 �� r .� � . � l� ', 1 . � SUPPORTING DOCUMENTS CITY OF CAPE GIRARDEA U RECYCLING PR O GRAM �+ 1998 A WARDS � _: (�/W���� - ' �,¢�(/ ...�. .VI/.', � ._��� S ':1 � ;.- ' .. .: .� � . i , . ', : , . - >1998 ;. . . - .. . ;,� . :. : ,;. � .'' '�: ACHIEVEA'IE1'TA�'�'ARD = : - '.` . -.,.M��� 1 COA� � - _ _ _ i , {F� , THE DtISS0URI.N'ASTE CONTROI.COAI.ITION =� �. _ _ `� ` ':"� ', HEItEBY RECOGNIZES THE OUTSTAIQDI�G. -�' .COhTRIBUTIONS OF - ,- . .. _. , ; .: ;=? City of Cape G2rardeau _- :�t -:� '_,+,� - 'i :� -' ��:_ _ .f 717WARD IviPRQVED V1'ASTE A4AIVAGEMEhT - �: i :�� '.PRACTICES�AI�DV17SEbSE`OF -_; `-o� '4 ^NATURALRESOURCFS.iNOtJR'STATE -=; �„ __ _ �` '} t"•`q .:�EITH R:COV;�'OR,PRE5IDEA'T- - - ^'j `-_JLZY 1998 = - ' �� � : '�� -t .� . - r� « ..�_ � � � • _ �� , < < � � � � ��I� � I ,f � ! � i� �� �� � � �� � ► i � �,1� � i � �I� ,,I � ! �� �1� � i ��> > � � � � .� � � ,�1 � � � ���� �\ � ' � � � � �� ► � � �� � ► � �\ �� � :,� ��,�1 _ , - ���1998�. - , .. _ Governq�'s - � ��� ..Pollutior� Prevention `Award - �� �-`��*' . � �� ��,��`�� - ' ,: =C�ty o� � : Cape G►rardeau�_ x � Presenred by . ,: .- .... ,.,. Gov.t�1el Carnahan : - ��hlissouriCl+a�nberof�Commerce - + llissour�Department of . -• Naniraf Resources '> "� : � \ � � � � i 1� � � �1' � � �� ` �I �I �I � i�! �- ��' � I �1' ' �' �� ( 1�� ' �� �� ' � �� � � t r` ;� CITY OF CAPE GIRARDEAU, MISSOURI � Office of the City Manager Council Letter No. 7'1 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Addendum to Engineering Services Contract, Hopper Road Extension At its October 3, 1988, session, the Gty Council passed Resolution No. 370 authorizing the City Manager to enter into an Engineering Services Contract with Bowen and Lawson, Engineering and Survey�ng, for the Hopper Road Extension. Due to land acquisition considerations,the Gty has agreed to move the road south, 30'of the original proposed location and to hold the eleva�on of that secction of road to ± two feet from the current ground elevations. Because of these considerations, it is necessary to redesign the road using the above parameters. The cost for the additional work is $15,000.00. A resolution authorizing an addendum to the original Hopper Road contract with Bowen � Engineering &Surveying, Inc is attached for Council consideration and action. � pectfully submitted, ' PS. ���� � � ark A. Lester, P.E. City Engineer � _ _ � � � Mic ' r I City Manager ; � I MAL/MGM/dc . � i i � ; � ' � BILL NO. 99-46 RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ADDENDiJM TO ENGINEERING SERVICES CONTRACT WITH BOWEN AND LAWSON, ENGINEERING AND SURVEYING, FOR THE HOPPER ROAD EXTENSION PROJECT 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 Engineering Services Contract with Bowen and Lawson, Engineering and Surveying, for the Hopper Road Extension Project. The original Engineering Services Contract was authorized by Resolution No. 370, adopted October 3, 1988 . A copy of said Addendum is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 19 � A. M. Spradling, III, Mayor ATTEST: I � � � Gayle L. Conrad ,' Deputy City Clerk � � � i i i � � Bowen Engineering & Surveying, Inc. 105 So.Hope Street�Jadcson,MO 63755� 573 243 1495� (573)243-1496573 2431496 January 27, 1999 - -_ =_ _ � -- =` - ;; _::.=:—__.. . : _ = ..__:._. � - - � : , Mark A. Lester, P.E. City Engineer City of Cape Girardeau MO 401 Independence Street Cape Girardeau MO 63702-0617 Re: Hopper Road Phase I Dear Mark: We have estimated the cost of redesigning Hopper Road due to a horizontal alinement shift, will be $15,000.00. Acknowledgement and signing of this � memorandum will serve as an addendum to our original contract. All provision of the original contract, including the scope of work, remains in effect. The I redesign will be according to the criteria set forth in your January 19, 1999 I correspondence. � i � We are prepared to begin work on this change upon receipt of a Notice to i Proceed. If you have any questions, please call me. � � � � I I � � � � � � � 9 � . � Richard I. Bowen, P.E. I Bowen Engineering & Surveying, Inc. � � . � � � i � � Date: � for: City of Cape Girardeau ) . , . i CITY OF CAPE GIRARDEAU, MISSOURI � Office of the City Manager Council Letter No. g 4 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Resolution Authorizing a Contract for the Hopper Road Extension, Phase IIA, in the City of Cape Girardeau, MO, A Part of the Transportation Trust � Fund Program On February 2, 1999, bids were received for the improvement of Hopper Road from Kage Road to Oak Ridge Road within the City. These improvements are a part of the Transportation Trust Fund program. Three (3) bids were received, ranging in cost from $202,413.50 to $237,869.05. Nip Kelley Equipment submitted the low bid of � $ 202,413.50, which is below the Engineer's estimate of cost of$211,265.05. A resolution authorizing a contract with the low bidder, Nip Kelley Equipment, is attached for Council consideration and action. Respectfully submitted, (///��� I .� J I V � ! � /� /� � '� Ma . Lester, P.E. � C' Engineer � � _. i; , ,� Michael G. Miller ; City Manager ; MAUMGM/dc � ' rn '" ' �$ � � � � � s Y � ��. �� VlV & � i � .�' ' .. - ��'� . �^ '^, � � . . �.�'� . . � �� � � V ''� � "a�4R . : �c� . . �ii z . ' �g° �� �y���� f��vi � . �� � � � �� ;,,/� _�$ . � �g�..� ��g� , Z �.� p . 1 � y �� S ;. i � ~�N���7►5 �� _ S, ��� ' ��a�=iiO ��~r` g&4 .o � .� , � 8�� �a�N$���� ���a . � � . � � � . ~� • � ... �� .�}�+� o � _ `va Y .. .. •M'p'a', - � �ii� �. � $ ' , a �gg -�; �09 }: � �� ' '' � � i��i Z � o 9 i � SN o .. ~ ��Of t� . . � iC N (.��:� � . 'y. y� w �p y�> ' �� _ �� . .� .��� . . .N ,' ' . ' t 1 1� ; � ' . . � � �O�g. �. � m . . � �.� �•'.. � t~A N N � �` I� - �� LI� ~ � �� � � � ~ X � ��> .. N . . `'�',. . .� ^ , - y� ��., ~ � � . y� . .�, � . .� �j . . . 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' ���-� �`�` �: i . . , ' J KJ� .- .. . , • �, .`\;, .� �� .. � '`'� � 1';! �. � i � ' � ��' ,�`` `,` J -" � � �`� F'� �� t %' ^r � �� �� '-, .:` fy, ���/�r w�` �{ •I ��� ��� � } j �n t1h� � � ¢•:_���b'��c�� : � ,_�. � .��. , ,1 ��:x�� y��` ..''•-�;` �^c � d, �� �, �, $. .,� �� • '� • � ..����- ;�, i ; '�'�',`� �� �+� i �s� ��=�§��� . � " . ' j `'. . -� , � �� , �•. .�,.� K�� .�. ��.���$ �. , ��I . � ,�,:.-�, �� � � �������� :��` ��� � BID OPENING REPORT � BIDS WERE OPENED ON FEBRUARY 2, 1999 AT 10:00 A.M. FOR HOPPER ROAD EXTENSION, PHASE II A PRE-BID ESTIMATE $211.265.05 CONTRACTOR ADDENDUM BOND AMOUNT 1. NIP KELLEY EQUIPMENT � � �i�� �4d , y�3,5�4 2. ASA ENTERPRISES � t X a3�, $(.¢_9�U5 3. TOM BEUSSINK EXCAVATING � � � a ( (� 3�•�-� 4. 5. 6. � 7. 8. 9. 10. , � SIGNED DATE o? - --� � THE ABOVE BID AMOUNTS HAVE NOT BEEN CHECKED. THE BID TOTALS ARE SUBJECT TO CORRECTION AFTER THE BIDS HAVE BEEN COMPLETELY REVIEWED. � "'\ww � BILL N0. 99-48 RESOLUTION N0. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT CO. , INC. , FOR THE HOPPER ROAD EXTENSION, PHASE IIA BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS : ARTICLE 1 . The City Manager, for and on behalf of the City of Cape Girardeau, Missouri, is hereby authorized to execute an Agreement with Nip Kelley Equipment Co. , Inc. for the Hopper Road Extension, Phase IIA, a part of the Transportation Trust Fund Program. A copy of said Agreement is attached to this Resolution and made a part hereof. PASSED AND ADOPTED THIS DAY OF , 19 � A. M. Spradling, III, Mayor ATTEST: � i � i i Gayle L. Conrad � Deputy City Clerk � i i i i I � � CITY OF CAPE GIRARDEAU HOPPER ROAD EXTENSION PHASE IIA STANDARD FORM OF AGREEMENT � BETWEEN OWNER AND CONTRACTOR ��� ON THE BASIS OF A STIPULATED PRICE THIS AGREEMENT is dated as of the day of in the year 19_ by and befinreen the City of Cape Girardeau, Missouri (hereinafter called OWNER) and � Kellev Equipment Co. Inc. (hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: � The work to be performed under these Contract Documents consists of all necessary � grading, excavation and embankment construction, storm sewers, drainage structures, I installation of an eight-inch sanitary sewer line, construetion of a seven-inch concrete i pavement, concrete curb, temporary asphaltic concrete roadway transition sections and i other related construction items necessary to accomplish the work in accordance with the i Plans, and as stated in the Specifications and Contract Documents for this Project i i Article 2. ENGINEER. The City Engineer or his designee is to act as OWNER'S representative, assume all duties � and responsibilities and have the rights and authority assigned to ENGINEER in the � Contract Documents in connection with completion of the Work in accordance with the Contract Documents. � Article 3. CONTRACT TIMES. i 3.1 The work will be substantially completed within One hundred fiftv (150) calendar days � after the date when the Contract Times commence to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with -five 165 da s after i paragraph 14.13 of the General Conditions�nnthm •ne hundre� sixtv ( y � the date when the Contract Times commence to run. i � A-1 � 3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not � completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not competed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER Five hundred dollars $ 500.00 for each day that expires after the time specified in paragraph 3.1 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining Work within the time specified in paragraph 3.1 for completion and readiness for final payment or any proper extension thereof granted by OWNER, CONTRACTOR shall pay OWNER Two hundred fiftv dollars $ 250.00 for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below: 4.2 for all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item � as indicated in the bidding documents. TOTAL OF ALL UNIT PRICES: Two hundred and two thousand, four hundred thirteen dollars and fiftvi cents . . . . . . . . . . . . . . . . . . . . . . . . . . . .($202,413.50) As provided in paragraph 11.9 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by ENGINEER as provided in paragraph 9.10 of the General Conditions. Unit prices have been computed as provided in paragraph 11.9.2 of the General Conditions. Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. 5.1 Progress payments; Retainage. OWNER shall make progress payments on account of the Contract Price on the basis of CONTRACTOR'S Application for Payment as recommended by ENGINEER, on or about the 10th day of each month during construction as provided in paragraphs 5.1.1 and 5.1.2 below. All such payments will be measured by A-2 � the schedule of values established in paragraph 2.9 of the General Conditions (and in the I � case of Unit Price Work based on the number of units completed) or, in the event there is ' no schedule of values, as provided in the General Requirements. 5.1.1 Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below, but, in each case, less the aggregate of payments ', previously made and less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with paragraph 14.7 of the General Conditions. '�� 90% of Work completed (with the balance being retainage). If Work has been 50% completed as determined by ENGINEER, and if the character and progress of the Work have been satisfactory to OWNER and ENGINEER, OWNER, on recommendation of ENGINEER, may determine that as long as the character and progress of the Work remain satisfactory to them, there will be no additional retainage on account of Work completed, in which case, the remaining progress payments prior to Substantial Completion will be an amount equal to 100% of the Work completed. 90% (with the balance being retainage) of materials and equipment not incorporated in the Work (but delivered, suitably stored and accompanied by documentations satisfactory to OWNER as provided in paragraph 14.2 of the General Conditions). � � 5.1.2 Upon Substantial Completion, in an amount sufficient to increase total payments to � CONTRACTOR to 95% of the Contract Price (with the balance being retainage), less such amounts as ENGINEER shall determine, or OWNER may withhold, in accordance with � paragraph 14.7 of the General Conditions. i 5.2 Fina/Payment. Upon final completion and acceptance of the Work in accordance with ara ra h 14.13 of the General Conditions OWNER shall a the remainder of the , i P 9 P P Y Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. i Article 6. INTEREST. � All mone s not aid when due as rovided in Article 14 of the General Conditions shall � Y P P bear interest at the maximum rate allowed by law at the place of the Project. ' Article 7. CONTRACTOR'S REPRESENTATIONS. � � In order to induce OWNER to enter into the Agreement, CONTRACTOR makes the i following representations: � A-3 � 7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents, including "technical data". � 7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work. 7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. 7.4 CONTRACTOR has carefully studied all reports of explorations and tests of subsurFace conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.2.1 of the General Conditions. CONTRACTOR accepts the determination set forth in paragraph SC-4.2 of the Supplementary Conditions of the extent of the "technical data" contained in such reports and drawings upon which CONTRACTOR is entitled to rely as provided in paragraph 4.2 of the General conditions. CONTRACTOR acknowledges that such reports and drawings are not Contract Documents and may not be complete for CONTRACTOR'S purposes. CONTRACTOR acknowledges that OWNER and ENGINEER do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Contract Documents with respect to Underground Facilities at or contiguous to the site. CONTRACTOR has � obtained and carefully studied (or assumes responsibility for having done so) all such additional supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by CONTRACTOR and safety precautions and programs incident thereto. CONTRACTOR does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the performance and furnishing of the Work at the Contract Price, within the Contract Times and in accordance with the other terms and conditions of the Contract Documents. 7.5 CONTRACTOR is aware of the general nature of work to be perFormed by OWNER and others at the site that relates to the Work as indicated in the Contract Documents. 7.6 CONTRACTOR has correlated the information known to CONTRACTOR, information and observation obtained from visits to the site, reports and drawings identified in the Contract documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. A-4 � 7.7 CONTRACTOR has given ENGINEER written notice of all conflicts, errors, ''� ambiguities or discrepancies that CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 8.1 This Agreement (pages to inclusive). 8.2 Exhibits to this Agreement (pages BF-1 to BF-8 , inclusive). 8.3 Performance, Payment, and other Bonds, identified as exhibits and consisting of pages. 8.4 Notice to Proceed. 8.5 General Conditions (pages 1 to 55 , inclusive). � 8.6 Supplementary Conditions (pages SC-1 to SG 5 , inclusive). I 8.7 Specifications bearing the title Hopper Road Extension Phase IIA. I � 8.8 Drawings. I I 8.9 Addenda numbers 1 to 1 , inclusive. � I 8.10 CONTRACTOR'S Bid (pages BF-1 to BF-7 , inclusive) marked exhibit A . i i 8.11 Documentation submitted by CONTRACTOR prior to Notice of Award (pages_to � _, inclusive). 8.12 The followin which ma be delivered or issued after the Effective Date of the ' 9 Y Agreement and are not attached hereto: All Written Amendments and other documents ; amending, modifying or supplementing the Contract Documents pursuant to paragraphs ; 3.5 and 3.6 of the General Conditions. i The documents listed in ara ra hs 8.2 et se . above are attached to this A reement P 9 P G 9 � (except as expressly noted otherwise above). � A-5 � J There are no Contract Documents other than those listed above in the Article 8. The Contract Documents may only be amended, modified or supplemented as provided in i� paragraphs 3.5 and 3.6 of the General Conditions. �`\.. Article 9. MISCELLANEOUS. 9.1 Terms used in this Agreement which are defined in Article 1 of the General Conditions will have the meanings indicated in the General Conditions. 9.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 9.3 OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents. 9.4 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall � continue to be valid and binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. A-6 � IN WITNESS WHEREOF, OWNER and CONTRACTOR have signed the Agreement in � multiple copies, One counterpart each has been delivered to CONTRACTOR and ENGINEER and finro counterparts to the OWNER. All portions of the Contract Documents have been signed, initialed or identified by OWNER and CONTRACTOR or identified by ENGINEER on their behalf. This Agreement will be effective on , 19_ (which is the Effective Date of the Agreement). OWNER Citv of Cape Girardeau CONTRACTOR Nip Kellev Equiqment Co. Inc. Michael G. Miller, Citv Manaqer By: By: [CORPORATE SEAL] [CORPORATE SEALj Attest Attest Address for giving notices Address for giving notices 401 Independence Street 41 N. Spriqq Street � Cape Girardeau, MO 63703 Cape Girardeau, MO 63701 (If OWNER is a public body, attach License No. I evidence of authority to sign and I resolution or other documents Agent for service of process: � authorizing execution of Agreement. i (If CONTRACTOR is corporation, I attach evidence of authority to sign.) � i I � I A-7 EXHIBIT A CITY OF CAPE GIRARDEAU HOPPER ROAD EXTENSION PHASE IIA BID FORM (EJCDC 1910-18) (1990) PROJECT IDENTIFICATION: The work to be performed under these Contract Documents consists of all necessary grading, excavation and embankment construction, storm sewers, drainage structures, installation of an eight-inch sanitary sewer line, construction of a seven-inch concrete pavement, concrete curb, temporary asphaltic concrete roadway transition sections and other related construction items necessary to acxomplish the work in accordance with the Plans, and as stated in the Specifications and Contract Documents for this Project. The work is for the City of Cape Girardeau, Missouri. THIS BID IS SUBMITTED TO: CITY OF CAPE GIRARDEAU, MO 401 INDEPENDENCE STREET CAPE GIRARDEAU, MO 63701-6244 1. The undersigned BIDDER proposes and agrees, if the Bid is accepted, to enter into an agreement with OWNER in the form inctuded in the Contract Documents to perform and fumish all Work as spec�ed or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for thirty-five days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within fifteen days after the date of OWNER'S notice of Award. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that: (a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda, receipt of all which is hereby acknowledged: (List Addenda by Addendum Number and Date) ADDENDUM #1 JANUARY 25, 1999 BF-1 �1 (b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work; (c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work. (d) BIDDER acknowledges that OWNER and Engineer do not assume responsibility for accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied(or assumes responsibility for having done so) all such i additional or supplementary examinations, investigations, explorations, tests, studies and ' data conceming conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may affect cost progress, performance or fumishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of constru�tion to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are necessary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents. (e) BIDDER is aware of the general nature of Work to be performed by Owner and � others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents. (� BIDDER has correlated the information known to BIDDER, information and � observations obtained from visits to the site, reports and drawings ident�ed in the Contract I Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents. (g) BIDDER has given Engineer written notice of all conflicts, errors, ambiguities or � discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof b ENGINEER is acceptable to BIDDER, and the Contract Documents Y ' icate and conve understanding of all terms and conditions ,' are generally sufficient to ind Y for performing and fumishing the Work for which this Bid is submitted. (h) This Bid is ge nuine and not made in the interest of or on behalf of any undisclosed ormit with an a reement or rules rson firm or co ration and is not submitted m conf y y 9 Pe � rP° : 'on or co ration� BIDDER has not directly or indirectly of any group association, organizati rpo , ' induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced an erson, firm or corporation to refrain from bidding; and BIDDER YP � over n advanta e over an other Bidder or � has not sought by collusion to obtain for itself a y g Y ; OWNER. � � BF-2 (i) (Any other representation required by Laws and Regulations.) 4. BIDDER will complete the Work in accordance with the Contract Documents for the following price(s): BF-3 � ��nit Price Bid SECTION 1 Hopper Road Extension, Phase IIA Cape Girardeau Missouri NO ITEM UNIT ESTIMATED UNIT ESTIMATED QUANTITY PRICE AMOUNT 1 REMOVE EXISTING IMPROVEMENTS L.S. � 2 CLEARINGBGRUBBING ACRES i•30 , 000. 00 2� 600. O 3 CIASS"B"EXCAVATION CU.YD. 2,431 6. 6� 16� 044. 6 4 CLASS'A"EXCAVATION CU.YD. 100 80.OO 8� O00. O 5 REQUIRED BORROW CU.YD. 1�� 7. 3 0 9�74 5. 5 6 T P.C.CONCRETE PAVEMENT SQ.YD. 2.002 24. 6 7 4 9, 3 8 9. 3 7 4"TYPE"V"AGGREGATE BASE SQ.YD. 2.118 2• 2 5 4, 7 6 5. 5 8 GRADE"8"SURFACE AGGREGATE SQ.YD. �� 3. 1 O 4 9 2"BITUMINOUS PAVEMENT,BP-1 TON 752 42. 00 3 r 158.4 10 S BITUMINOUS BASE MATERIAL TON �gg 42.OO 7� 896. O � 11 PRIME COAT GAL. 677 2• 1 O 1,421 .70 12 �'P.C.CONCRETE SIDEWALK SQ.YD. 128 26• 2 5 3� 3 60• 00 13 4x4JUNCTIONMANHOLE FACH � 1 , 537.�0 1 , 537. 00 ta 9'-6"x6'�C'SPECIALINLET EncH � 5, 630.00 5, 630. 00 15 3'-6"x 3'-0"SINGLE CURB INLET EACH � 967.00 967. 00 16 S-6'x 4-0"SINGLE CURB INLET EACH � 2, 250. 00 2, 250. 00 17 4'-0"x S-6"SINGLE CURB INIET EACH 2 3, 040.00 6,080.00 j 18 1 S R.C.P. L.F. �g 30. 00 570.00 ts 15"F.E.S. EACH t 361.00 361 .00 i 20 18'R.C.P. L.F. 271.5 3 2. �� 8� 6 8 8.�� i 21 18"F.E.S. EACH 1 381 .00 381 . �0 �2 ar R.c.P. �.F. � 78•00 1 , 716. 00 i 23 47'F.E.S. EqCH � 9 51 .0 0 9 51 .0 0 i 24 48"R.C.P. L.F. �,5 86.00 22, 790. 00 i 25 48"F.E.S. EACH 1 1 i 115. 00 1 r 115. 00 SQ.Y�. 137 6• �� 8 2 2 . 00 i 26 RIP RAP IN PLACE 27 FERTIIIZER,SEEDING&MULCHING ACRES �•�� ,400.00 2, 664.00 ! � i BF-4 NO ITEM UNIT ESTIMATED UNIT ESTIMATED , QUANTITY PRICE AMOUNT I�, 28 EROSION CONTROL L.S. 1 1 � 250. O 1� 250. 00 29 STOPSIGNS(MUTCORI-1) EACH 3 25�. � 250.00 30 TRAFFIC CONTROL L.S. � 5 i 000. O 5 r OOO. 00 SECTION 1 BID TOTAL: $ 1�8� $�3. 50 ONE HUNDRED SEVENTY EIGHT THOUSAND EIGHT SECTION 1 BID TOTAL: t.TT� .,.,�������mt��r��DDni� �;*T �^;, ^^ (written amount of bid) Unit Price Bid SECTION 2 Clarkton Lift Station Sewer Extension Cape Girardeau Missouri 31 4'DIA.SANITARY SEWER MH EACH 1 2� 100. OO 2� 1 OO.00 32 4'DIA.SANITARY SEWER �CH � 3� 150. 00 3, 150. �0 OROP MANHOLE 33 8"DIA.SANITARY SEWER,PVC(SDR35) L.F. 436 30. 00 13,08O. OO 34 8"DIA.SANITARY SEWER,D.I.P. LF. 80 52. OO 4� 16O.OO 35 CONNECTIONSTO EXISTING �CH 2 525. OO 1� 050.00 MANHOLES SECTION 2 BID TOTAL: $ 23, 540.00 TWENTY THREE THOUSAND FIVE HUNDRED SECTION 2 BID TOTAL: FORTY DOLLARS AND 00/100 (written amount of bid) (A combined bid is required for Sections 1 & 2.) TOTAL AMOUNT OF BID: $ 2�2� 413. 50 (Sections 1 8� 2 Combined) TWO HUNDRED TWO THOUSAND FOUR HUNDRED THIRTE N DOLLARS AND 50/100 TOTAL AMOUNT OF BID: (Sections 1 & 2 Combined) (written amount of bid) BF-5 Unit Prices have been computed in accordance with paragraph 11.9.2 of the General � Conditions. BIDDER acknowledges that quantities are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. 5. BIDDER agrees that the Work will be substantially complete within 150 calendar days after the date when the Contract Times commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.13 of the General Conditions within �65 calendar days after the date when the Contract Times commences to run. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement. 6. The following documents are attached to and made a condition of this Bid: (a) Required Bid Security in the form of bid bond or cashiers check. (b) Required BIDDER'S Qualification Statement with supporting data. 7. Communications conceming this Bid shall be addressed to: � Name NIP KELLEY EQUIPMENT CO. , INC. 41 N. SPRIGG STREET CAPE GIRARDEAU, MO Address � (a) Performance and Payment Bonding Company i AMWEST SURETY INSURANCE COMPANY Name i 5230 LAS VIRGENES ROAD CALAEASAS� CA 91302 Address ,' Agent�Power of Attomey Name (if used) CAPITAL INSURANCE & ASSOCIATES/LOY ELKI i Address 326 SOUTH EROADVIEW CAPE GIRARDEAU, MO 8. Terms used in the Bid which are defined in the General conditions or Instructions � wil� have the meanings indicated in the General Conditions or Instructions. � SUBMITTED on JANUARY , �9 99 943090 State Contractor License No. ; � BF-6 IF BIDDER is: An Individual By NA (SEAL) (Individual's Name) doing business as Business address: Phone No.: A Partnership BY NA (SEAL) (Firm Name) (General Partner) Business address: Phone No.: A Cor oration By IP KELLEY EQUIPMENT CO. � INC. � A--��� , , (Corporation Name) ,%�"�;�' '• � �'•-. MISSOURI �% ,.,4,.•�� !�� • �_ (State of Incorporation) ��> ;�� = By WANDA KELLEY =� t�% �L�r�'I - (Name of Person Authorized to Sign) �' '�•,,c��,t"< ��== `�` PRESIDENT ', i``�" ••••., ,•• - ..�_:v�:�7 n:t ,'� ' • (Title) ,, '�rr�,,,,,,���r��`•'', (Corporate Seal) " �� �t'�, �'' '' � t�`'^' , ,� _ = x , ��`/� Attest TERRENCE KELLEY �' ^ ' '' ` �%�:f' � (Secretary) ._ - ,� � : � :{ ��;�;: : Business address: 41 N. SPRIGG STREET . � , - . � , ,�., � ,,. •� c � .,;� r �: �' , �?: E�.�r..�. CAPE GIRARDEAU, MO 63701 ��' ��. ••' �' ., .�., �. ';,, :,.,3._��l� '�.';2� ,,,,,F,�;,,��+=t` ,� Phone No.: ( 573) 334-0553 Date of Qualification to do business is JANUARY i�, 1974 BF-7 � A Joint Venture gy NA (SEAL) (Name) (Address) By (SEAL) (Name) (Address) � Phone Number and Address for receipt of official communications: (Each joint venturer must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.) � � � � i I . ; � I � I � BF-8 ,' CITY OF CAPE GIRARDEAU HOPPER ROAD EXTENSION PHASE ll A � ADDENDUM #1 January 25, 1999 The following revisions have been made to the above named Contract Documents: I The Bid Opening date will be changed to February 2, 1999; at 10:00 A.M. in the Office of the City Engineer. All survey and staking will be done by the Engineering Division. . � This addendum must be signed and attached to your Bid Documents. Date /� Q- Q9 � BOND NO: 943090 /��Amwest PREMIUM: �0.00 � BID DATE: January 26 , 1999 , PUBLIC WORKS BID BOND Know all men by these presents: Thatwe, Nip Kelley Equipment Co. , Inc. , P.O. Box 33, Cape Girardeau, MO 63702 (hereinafter cal�ed Principal), as Principai, and AMWEST SURETY INSURANCE COMPANY, a corporation (hereinafter called Surety), organized and existing under the laws of the State of Neb�aska and authorized to transact a general surety business in the State of Missouri , as Surety, are held and firmly bound unto the City of Cape Girardeau (hereinafter called Obligee) in the penal sum of Five percent [ a,�/___) of the bid amount, but in no event to exceed Five Percent of the Amount Bid-------------- Dollars (S% of Amt Bid--- ) for the payment of which the Principal and the Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severatly, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that,whereas the Principal has submitted or is about to submit a proposal to the Obligee on a contract for Hopper Road Extension, Phase 2A I NOW, THEREFORE, if the contract is awarded to the Principal and the Principal has within such time as may be � specified, entered into the contrad in writing, and provided a bond with su�ety acceptable to the Obligee for the i faithful performance of the cont�ad; o� if the Principal shall fail to do so, pay to the Obligee the difference not to i exceed the penalty hereof between the amount specified i� the bid and such larger amount for which the Obligee may in good faith contrad with another party to perform the work covered by the bid, then this obligation shall be void; otherwise to �emain in full force and effect. i SIGNED, SEALED AND DATED THIS DAY OF January 25, 1999 i Wanda Kelley, President � priocipal Name I I ,`���.a��.�uuu�.uy����� � �N�+1 �; �y• S' oature I �P�,,�Wr" ��,�� p I =��� RR!@'�;''��`'-,, , �4�';��..-�ry,A�--.//7���,,;' ���' AMWEST SURETY iNSURANCE COMPANY _ Y �,;�' s � � � , � C`i. �;: _ ,n -��a G.. j��. <, 'f7=- . $� � '.i � �.��1..�4...; - � I � ����` p'^�' E B / � /1t�prtroy-in-Fact •�? ������44�.►�;� y� Chery Jo ens � ''��r�li" �N�'. � �� i�'Ir�bifAh.�: }-� � . ., v .�i „1�,;:' ; �iii:.f�:���„� '' � LIMITED POWER OF ATTORNEY Amwest Surety Insurance Company Ez iration Date: 10/22/00 POWERNUMBER 0000943090 This document is printed on white papa containing the artificial watamarked logo( � )of Amwest Surety[nsurance Company on the front and brown sxurity pa � on the back. Only unaltaed originals of the Limited Powa of Attarney("POA'7 ue valid. This POA may not be used in conjuncdon with any ot}kr POA. No representations or warrandes regarding this POA may be made by any pason. This POA is govaned by the laws of the State of Nebraska and is only valid until the expiration date. Amwest Surety Insurance Company (the "Compan� shall not be liable on any limited POA which is fraudulently produad, forged or otherwise distributed without the permission of the Company. Any party concaned about the validity of this POA or an accompanying Company bond should call your local Amwest branch office at (913)'�84 1719 [INOW ALL BY THESE PRESENT,that Amwest Surety[nsurance Company,a Nebraska corporation,dces hereby make,constitute and appoint: Loy W.Welker Mary ICsy Welker Cheryl Jochens Tim L.Kdley As Employees of Capitat Iasurance&Aasociates its trve and lawtul Attorney-in-facc,with limited powa and suthority for and on behalf of the Company as surety to execute,deliva and affix the seal of the company thereta if a seal is required on bonds,undertakings,recog►izances,reinsurance agrcxment far a Miller Act or otha performance bond or other written obligations in the nature thereot as follows: Bid Bonds up to 52,500,000.00 Contnct Bonds ap to 52.500.000.00 Ucense and Permit Bonds np to 5100,000.00 Miscellaneous Bonds Up To S100,000.00 Small Business Admistration Bonds up to 51,25A,000.00 and to bind the cort�any thereby. This appointrnent is made under and by suthority of the By-Laws of the Corr�pany,which are now in tull force and etl'cet I,the undersigned secretary of Amwest Surety Insurance Company,a Nebcaska corpaation,DO HEREBY CERTIFY that this Power of Attorney remains in full force and effed and has not been revoked and furthamore,that the resolutions of thc Board of Directors of Amwest Surety Insurance Company set forth on this Power of Attorney,and diat the relevant provisions of the By-Laws of each company,are now in tull fm�ce and effec� ��allo. 943090 s;�a&�i�a�;s25th�yof JanuarY 19 99 � Karen G.Cohen,S • • • r • • • + t • + + • r • + t RESOLUTIONSOFTHEBOARDOFDIRECTORS * • * * • � r + r • • r • • r • • • • • � � + r + This POA is sigied and sealed by facsimile under and by the suthority of the following resolutions adapted by the Board of Directors of Amwest Surety Insurance Company at a moeting duly held on Decemba�15,1975: RFSOLVED,that the Prosident or any Vice President,in conjundion with the Secretary a any Assistant Seadary,may appoint attomeys-in-fad or agrnts witt authaity as defined or lir�tod in the instrument evidencing the appointment in each case,for and on behalf of the Company,to eacecuu and deliva and sffix the seal of th< Coc�pany w bonds,undataldngs,recogniances,and suretyship obligations of all kinds;and said officers may remove any such attorney-in-fad or agent and revoke any POA previously ganted w such person RFSOLVED FIJRTHER,that any bond,undataldng,r000gnizancx,oc surecyship obligation shall bo vslid and bind upon the Company: (i) when signed by ihe President or any Vioe President and auested and sealed(if a seal be required)by any Secretary or Assistant Seaetary;or (ii) wha►signed by the President a any Vice President a Soaetary ar Assistant Secretary,and countasig►ed and sealed(if a seal be require�by a dul} sufliorizcd auarney-in-fact of agent;or (iii) when duly exewtod and sealed(if a seal be requiro�by one ar more attornrys-in-fact or agents pursuant W.and within the limiu of the authorit} evidenced by the powa of attacney issued by the Compazry to such pason or pasons. RESOLVED FURTHER,that the sig�aWre of any autliorized offica and the seal of the Company may be affixed by facsirrele to any POA a cutifica6on thaeo auttariang the exoairion and delivay of acry bond,undataking,recognizance,a otha suretyship obligations of the Company;and such signature and seal wha�so used shal have the same face and effect as though manually affixed. IN WTI'[JESS WHERFAF,Amwest Surety Insurance Company has caused these present to be signed by its proper officas,and its corporace seals to be hereunto affixcd thi: 256 day of September,1998. � � /�� 1 / i +�Y � JC% John E.Savage,Presi it Karen G.Cohen,SecretarY State ofCalifornia County of Los Angeles ���� On September 25,1998 before me,Peggy B.Lofton Notary Public,persanally appeared John E.Savage and Karen G.Cohen,pasonally lmown W me(or Pr on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subsaibed to the within instrvment and aclrnowledged to me all that he/she/they executed tM same in his/her/their suthoriud capacity(ies),and that by his/her/tt►eir signature(s)on the instrumcnt the persan(s),or the entity upon behalf of which the person(s)acted executad the instrument. � WITNESS my and ofTicial seal. ,`,`,`���•�u3b�:6;.,: �• � ��iYs.�� � �1�H�lL,/ � � Comrnfufoi�il06l06� � �� �,� ,+ si dm `"t'i.11!� ��l T"' "— (seat)� N�'�1►NbMC—Cdt�'+h ; i J ��. �``�!y��� . �" � Cort�m.�� _ `n �� "�k..`. :m� �r =�. � �c.��, �r �� � :,'� .�� - 5230 I.as Virgenes Road Calabasas,CA 91302 TEL 818 871-2000 �i•. •�r•� ,�1 I ��NIIIr�111M�� ''// /( 1� . ,/ (llllllrlt;��'�``' � Z � W N N N N N N N h► N N �--' �--' �-' a" "' "' "'r "'� •J `• �O 00 �1 O� V� A 41 N `r � O � O �o 00 �1 0� tn A w N •• O �D oo v O� �n A W N � O v, t� .A = n C� � � -i D G� .. «. «. .. � �nw � A � � � � � � O , n � m � 0 '� �' � � � o�oa'�oNN0000 � � bb. b. b. x � �v Z m � s � _ _ _ • _ . • . v a s a a � '+• r• .�q� s s C � m ,�,� � � � �i� � t:7nCrfACi7n � nv� A. wo� `" � � �. �. � p s' � � � I'i1 n � m � � p o �x �. in :v �n «d �n :b �n �vb� bb � �' � � o o a� C � o � x � � m � � � ''d � �n v� �n �n � � � .p� �n c � 'ti o � q n = y �' ° �, �. . �. 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APPOINT MENT S � � � � � � � � ; � � � CITY OF CAPE GIRARDEAU Office of the City Manager � �0uncil Letter No. 79 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointment to the Cable Television Advisory Committee Dear Mayor and Ciry Council Members: Three terms on the Cable TV Advisory Committee are set to expire February 20, 1999. These positions are presently held by Bruce Mims, James Dufek and Lloyd Williams. In addition, there is one vacant position on this board due to the resignation of Michael Maguire. All three members have expressed interest in being reappointed. For your information attached is a copy of their advisory board summary sheets as well as a copy of the board roster. Mr. Maguire was previously the Chairman of this Committee and had expressed concerns with the attendance of Mr. Williams. Mr. Williams has attended five meetings since January of 1998. Two meetings were canceled since that time, leaving seven of 12 meetings that he has missed. In August of 1998, Mr. Maguire sent Mr. Williams a letter stating the City Council's policy regarding attendance by �advisory board members, and since that time, Mr. Williams has attended two meetings. Mr. Williams does provide valuable information when he attends. However, he has a very busy schedule and is not always able to attend. According to Section 8-5 of the City Code, members of the Committee must be residents of the city. It also states that "The Council shall make every effort to appoint persons with a demonstrated interest in cable television and telecommunications." Members serve three year terms. Attached are board summary sheets for the following individuals who have expressed an interest in serving on the committee: Jerome Bartosik, Marlin Curnutt, Stephen DelVecchio, Tim Harrison, I.aura Holloway, Lee Kimmel, Robert Sumner, and Lester "Rip" Sherfield. i I It is recommended that four appointrnents be made to the Cable Television Advisory Committee for � terms expiring February 20, 2002. If you need further information, please do not hesitate t�contact us. � � i Respectfully submitted, � i ��� i i / Gayle . Conrad ' f D ty City Clerk � `, � < _ -� Michael G. Miller City Manager :i CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees � � January 19, 1999 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with terms commencing January 8, 1996. Cable Television Citi,zens Committee Daie Appointed Date Reappointed Term Expires Michael H. Maguire (chairman) May, 1990 February 20, 1996 February 20, 1999 Bruce hiims January, 1992 February 20, 1996 February 20, 1999 James J. Dufek June, 1990 February 20, 1996 February 20, 1999 Lloyd F. Williams February 20, 1996 --- February 20, 1999 Steven Lee February 19, 1997 --- February 20, 2000 Dan Rau February 19, 1997 --- February 20, 2000 Susan Hekmat February 20, 1996 February 19, 1997 February 20, 2000 Rick Lambert February 17, 1998 --- February 20, 2001 Chad Borders January 4, 1999 --- February 20, 2001 Roy Jones November, 1990 2/20/96; 2/17/98 February 20, 2001 Peter Hirschburg September 8, 1998 --- February 20, 2001 Members serve three year terms. Appointed by Council. Members should have a demonstrated interest in cable television and �lecommunications. Meetings held as necessary in Council chambers. Staff contact-Tracey Glenn, Public Awareness Coord. i � I I I � i i i � RECE�VED JAN 1 2 i�s9 Johnson, Montgomery & Maguire ATTORNEYS AND COUNSELORS AT LAW 294 NORTH SPRI(}O.P.O.BQX b99 � CAPE(3IItARDEAl1.MISSOUR163702 (3ERALD H.JOHNSON• TELEPHONE:(579)334-6211 MA[.COLM H.MONTUOMERY FAX:(573)334-4121 MICHAEL H.MAGUIRE •LICENSED IN MISSOURI&II.LIIVOIS January 11 , 1999 Mr. Mike Miller City Manager 401 Independence Cape Girardeau, MO 63701 Dear Mike: It is with regret that I must tender my resignation as a member of the Cable Advisory Board. I of course have been wit� it since it' s inception over 10 years ago and have served as Chairman during that entire time. I think it is important that any board have new ideas and not rely too heavily on any one person. In addition, I have had the � opportunity to continue my service by getting on the Public Library Board which is always been a love of mine. It goes without saying that I will of course be available for any questions that you might have or any information that you might need with respect to the Cable Board. Thank you for your courtesy and your help during the times that we have worked together. Very truly yours, JOHNSON, MONTGOMERY & MAGUIRE Michael H: guire MHM:kh cc: Mr. A. M. Spradling, III � CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY , z y�y � Telephone: Day ��/-��� �1ame `J �rn 1�u Ff/� . Evenin G s"�- 3�io b Home Address $'�35 �A-rL�k �r � � Year Cunent Residence in Cape Girardeau Began �4 �'-3 Current Employer and Position %� � ���f ��`'�� �`''`�`e'�� �°' f� Previous Employers and Positions In which Board(s) are you interested? �%�'�'4 11/ /�-v�,�i��rwy ��� _ Special Qualifications for specific board(s) (include past board service) l/��c.C- - ��K o-/, L'r�c �u�-n�. f-f�C I h.,�n W.-1� vra�u o-� T , � 'e1 in � n� sa ��a-�i h S w, �. TC L ,., h"-►�.,.c,l��u nc�,.....�-,.,�i: � � J� Cv n,�-.. � .{- � � � � ��ti- Educational Background �� � ��J �'��u^^��� � ���-"'�'°` '� ry�3-- — �,�o �v �1 / I �--, i �J � ��J Wms�n � �CJG(,fl �1.<1! /�� Co�"?s I Community Acdvities (Include o�ces held and committee service) � - �c s 1 � �0(JU � (/��.w ��`w�u��^ � - -u� (.r/�� �o� i � C���.-�.�. v�-�o P��`°��. i — Cl�- Ca�,..�,,,� — U� 0,..4-.c�,,�-P— - '7 - .�,,- (� �..t�,,.�t s�-�--� i� ---- �.-���,f�.� � � h-c�,�c J - �/ �/ �i �' � � . � �-�rll�f � C�� P�� � Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly ✓ Anytime � B. Morning Noon Afternoon Evening �� Anytime ', By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused i at future membershi on the board is no longer your desire. ; absences will be regarded as an uidication th P � _ c� g S i ned Date �" �� / g i � ** Board Member Summary Sh are valid for one year from the date that they are signed. � Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. RECEIVED JAN 1 9 i999 � CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name Bruce Mims Telephone: Day 651-2126 Home Address Evening 339-0454 � Year Current Residence in Cape Girardeau Began 1989 Current Employer and Position sE Mo sT liNIV PROFESSOR Previous Employers and Positions TROY STATE UNIV DIRECTOR In which Board(s) are you interested? CABLE Tv _ _. Special alifications for specific board(s) (include past board service) BOARD MEMBER SINCE 1992 Educational Background PF�D UNIV OF SOUTFiERN MISSISSIPPI (COMMUNICATION) � Community Activities (Include offices held and committee service) MEMBER, CABLE-TV AD��TSnRv BOARD SINCE 1992; CHAIR, SOUND COMMITTEE FIRST Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime �_ B. Morning Noon Afternoon Evening x Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed � Date 1/14/99 ** Board Member Summary Sheets are valid for one year from the date that they are signed. � Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name c � .(> Telephone: Day J j� -�>>�U � Home Address � 7 �j ��.,r�,r�S� � /Q � Evening }' 3 J`'_�j d (o � Year Current Residence in Cape Girardeau Began � �/ �� Current Employer and Position ����f/��,r����,t,r�i ccz � ��c o c� s�1 Previous Employers and Positions �K� �Q,rs,t5 Q f �i�.�s�s /2�z���� �,. �� I �� ►�sas �� f�-, a K s�s 'I In which Board(s) are you interested? �� � l� T(/ �oQ v�so,.�� � Special Qualifications for specific board(s) (include past board service) �a�,.�,���,i- G f Cw. �G�� �� �,�.� Educational Background Cj ,�ca ���l�. ,�-� �r—�. G� ,., e�- ,� a� �rS-Sr � (�j S� �-r.s r � � Community Activities (Include offices held and committee service) ���`� ��,�-���� � i c.,.� � V � L. ,¢.,,` � a �v-� 6-��` G a-,a� d vLi t C...., � _��C�,,- I i � � Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly n Anytime ,' B. Morning Noon Afternoon Evening h Anytime ,' By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused i absences will be reg ded as an indication that future membership on the board is no longer your desire. i Signed l Date o?G ,,� j ** Board ember Summa Sheets are valid for one ear from the date that the are si ned. I � rY Y Y g Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. ' CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name J c �- 0 ��t � T • r�'j�}Z �;J 1 k Telephone: Day 3 ��l' � �' Z Z Home Address Z Z � C E r4 :Z L c E� Evening ��`�- � �/I y � Year Current Residence in Cape Girardeau Began /� � � Current Employer and Position $ � �T� C f� CS/�/ %�� --�,�f/� J= �c 2 F�+ .t��}al�sr Previous Employers and Positions 7.�E f h'�c� .S s.¢�- Ct �/, v F R� � , 7� - /���5 P i i� �.- .�Fn� i �i2 �1 Xz:J�r�, In which Board(s) are you interested? � L t_ Special Qualifications for specific board(s) (include past board service) Educational Background n S.. Ps y� K� L e �- Y — /�'� � l� 1-1• C S ,—�c �DS%. /�1.�, G t x T i r-- /O�i�F'u JiC�� /� �-'`/ L1 N i✓�n S � Communiry Activities (Include offices held and committee service) �n �r-• r3 �jZ, 0 F �3UA7Z � � } �� R Ec.TaZS e F �` M O ��li-�k Si� ,•� -� cc� � `►�. ( 1 `i4S t� �ne�s��ir� Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime k B. Morning Noon Afternoon Evening X Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed .,�e �� �� Date ___1�z� S� '"* Bo Member ary Sheets are valid for one year from the date that they are signed. � Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. � CITY OF CAPE GIRARDEAU, MISSOURI �OARD MEMBER SUMMARY , Name , ���'��.� ����'��I Telephone: Day �% S�.� �� � � �. / Home Address ��` � ,/'�/✓�,i �!��.�/'.�;��-I_ Evening 5� �-S- �7��C Year Current Residence in Cape Girardeau Began ���� Current Employer and Position �-:����z-�c'T ���%���, �1� (i��. - �`%'/�?�1<< �j�� � Previous Employers and Positions ��'<;�1,� f��?�n�'Sl�'� 5���" f�?« (s7'��f�'y7'�,� / I; C���sS�c ��!`,�,c� ��'`�✓L l" /(�.S . �t'<' / f��c�-�,--�j` C c'.,�f_J �� ��r�c,(i?T�. -/ /:•�-n �,r{-_ /.�!' ��/��/�-� /--t'/c 4,��''�z� n ;—� /y Gr,1,'v•L7 �/' �r�.irt'> �''� In �vhich Board(s are y�u interested? f�,rf�., �d=��'L ����!;;i-%'�r-�-�- C �-��!����sS�G% J/� / � / I /� � j. I � � � 1��� /C �C1 S l o ,� ��l [/!S�'�--� �/C:e��••'�-I V /5/G'i!� 7/i`"'l.:�l! ��/L�/�� Special Qualifications for specific board(s) (include past board service) �� ��.�,��/'iZc�,.��..,�•�-•��; '�i �l�v` ..lJ ����� �'l"i> ,,,c�,_ .,n_"� � 'r' � /`�/'="1' �-t>�'I � �!/�?�'"' �,!i.�!C /!/ .' �.�/ i � �— � :��;�e C;''1��:.-� c� �'`...�--�- v��:�f,,, s��,. � �,�� -�- �����7t �. , U.n ✓�c f v f jz r� t e� ✓✓�� (� �il.��!�, -- f ' . c.� r' ' _:2��it.✓S � Educational Background � �L,C,<-�,� /�7s �����.�,������ ��Sc'c' i C-��j � � ( /l�lr�l���F�/ �L_T'�'KC�=/ //��'���j� /��%�c��SS�'-c �/�,�?`f�.li`/i1�� i A / / /,�/� f'� ��s�'s-/ � ��. , lt:�..��7., � /�/�Scl,iti,` �� u�'��� I � Community Activities (Include offices held and committee service) ��.,, � - - a,.� � � , � r-�� ,�� � ��:��� l�� �,� �.� �� _ -�� -z �� I � - �' �-.v � ��.� �--'-- " C- S. i j � Meeting time(s) convenient for you: (Please check one in A a one in B) An time l� �i A. Weekly Monthly y B. Morning Noon Afternoon Evening Anytime By signing this document. you aaree to serve and attend regularly. Three (3) consecutive unexcused i absences will be regarded as an indication�>that future membership on the board is no longer your desire. i � • �� � � �/ , � %-�--_ G- - � . /� �, � �' = . C � O c� � Si ned / � Date � � l_ ** Board Member Summary Sheets are valid for one year from the date that they are signed. I Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name ,(�L (JL(� v Telephone: Day 33S-���j�7 i� Home Address �� ,�E�/Ct e/RPE Evening 6S/ -3z/�'j Year Current Residence in Cape Girardeau Began ��l7/ Current Employer and Position e�p� �l Q��l� .�C/�00L �► is�J�r�t1D 6 3 -�.s�a�-ss�1� Previous Employers and Positions �����N t e�AQx ac c�A - �u �!T" /�! �/4�_ SD�,s�n�2�Si �l�ssva2� lf�l�v�.�¢5��'`�- INS�uC��oR- In which Board(s) are you interested? ��t/ /,{'j���E �11, �VLS'�`,� /��L� Special Qualifications for specific board(s) (include past board service) Educational Background CN� �/l�/� d��� DF pUS/��SZ /F/�/I,�I�/���TO� C�(J��`)� Communiry Activities (Include offices held and committee service) �/jA�1/� ��(/ �j,Ql S .�p�cta/t� �E7,�uE Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly � Anytime B. Morning Noon Afternoon Evening ✓Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed � �(,� D ate 2/ � ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. � CITY OF CAPE GIRARDEAU, MISSOURI � BOARD MEMBER SUMMARY _�- � Name ljrri Arr1Sa y _ Telephone: Day 573- ��S-�1�.3 Home Address /55�- �-ex�Hyrfl•� �4ve - c,�p � Evening $73-�s'l- 3�ZS Year Current Residence in Cape Girardeau Began /y�o- /QSs - l99Z- P�`�SeKT Current Employer and Position Gok✓ew CAr ��v�a�o.� d� �c�-1 sFoh�v•-��G -Qbw� Iha.xQ'.1. Previous Employers and Positions f-/A✓.¢. (,�o ri re a( Cv:��i T/ �t G��a� y �r !Q ylZs - fiae�o� .�os.To�J -� 1-�t>vYrast 1Zesou.-�P /�'lyl�. 4S �-�-Q � ��� .���.-, � P��.w r m�.��f �. , In which Board(s) are you interested? Go l-F Go�•��'s c .¢�u�s v•-y �o��al �� PG.r�5 � �1GY'�6�/!Ol'I ,a.ol��zd•-y �� ►-� c�t G�b�c ��l��►��oK .a�t���o►.y �sa.-.� Special Qualifications for specific board(s) (include past board service) �Am l�ar e,� $�oe�s rr�,walc d � P�oi (sl-� � �.e�J le..� t��.S t S - � _.c_.,y.p-c� 7/�r4 f /x��l.,��s �i-C_ i4�T.��i.e s-. � Educational Background ��s,,,�3 j��4i✓�S�e �� -�eG.r y e d 1<<�.¢ • I I I Community Activities (Include offices held and committee service) S�r�t a[. �r C.a�_��tl� �4t-e-�ot*�(� �eal-d As ��`ecs.s►�¢.�, �,.t c3'fAL• ��t-.1�d As ��`Cs.o�-.�a� .� � U I �9 J��L �tc�.G�oc..GQ �C-� YY�vr r y �y . j I Meeting time(s) convenient for you: (Please check one in A and one in B) I A. Weekly Monthly �_ Anytime � B. Morning �_ Noon Afternoon Evening Anytime � By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. i Si ned Date 7��9� g � ** ed. Board Member Summa Sheets are valid for one ear from the date that they are sign rY Y Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. i CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY ! Name � 1�t �,14-- p��-2 D ��D� Telephone: Day 33 y'� D�5�� Home Address ,S� � C•��p-P 1'�P rj c+��� s ��"C_ Evening�3 �'' G�s� � Year Current Residence in Cape Girardeau Began �k,� � �f � 5 f� Current Employer and Position J�� � D � � h � eti� Previous Employers and Positions �'I/� C S ,� h � �ti �- In which Board(s) are you interested? �'� ,(�l� �{ �{. v'�,5'� '��/ � � U�`Sv.0 y G� o�-�� _ Special Qualifications for specific board(s) (include past board service) ;.Liv'7�rt P 5 �4 � G �A'T ��� P-� �✓il"-��e�z S � u �.e ,,��c S r -�-� '��, �2��� l�it. �o,��� �G 2 t c�� � Y-t_ ,b� �f P x �,.- d �,.-T � � � _i� �bn ���`� ��;��� • Educational Background �.� � .��s��t �-� �"'� �`^- �K � � ��e� �� ���SP , � ti Xj12�v'� �9 k;�+� �.B�f� �tA � � u � 1 r � �r��►' ��'./��.��`� Community Activities (Include off'ices held and committee service) �O�j .` �7�(�.� r�{�N ��r� - Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly � Anytime B. Morning Noon Afternoon � Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed G� Date �t - � f��'� ** Board Member Summary Sheets are v id for one year from the date that they are signed. � Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. . CITY OF CAPE GIRARDEAU, MISSOURI , BOARD MEMBER SUMMARY Name �� / �L Telephone: Day 33 J— ���� � Home Address 97S ��� � o.���f� T�i v� Evening 33J����� Year Current Residence in Cape Girardeau Began ,Z � Current Employer and Position �Y/N�.� i=�a�I 4�� c�C'/ /�>f�/�T �',,f� a Previous Employers and Positions ��-/ ./�,I�F�/ �� P,g-n/f� �—F,�c'ra�y w�.5��_,� A /�E/�e v s,E�'!if l ��"T�� S L,ES (J S/Y� � 3 1��s' �f'�'�' i9E v�r/1'!��. In which Board(s) are you interested?j;�,¢,(�� /� �-.Dv/.fm�9Y /.�o.�-�.d � .�� ��Rk� ��v �E��f'�,¢-�/eil/ Special Qualifications for specific board(s) (include past board service) o �IE � - R / 0�. ff- � Educational Background � yI',,I- C�.c,�EGE �il s�i���To�/ � a� ST�o vi� � � � � �, Communi Activities (Include offices held and committee service)� ,C�v�.� o�,G lG���/7�� i � Q � �coc.�-c. �R�'�/��.�rro�/ Fm�1 l��I�/ods �iyl�/������Es fP�,¢s��fF i O�G,C �� YE�-Rs 1/A��o�s �o.Ytr�i r��s �vd��r i�. i i 1�'/Y ��i' - C� r/ � D��� 1�i�9i �.rT �l.n/1�`�SSD.t1. > 6�(�,� .¢i�l.3E'iP m o�I����'� — ! t �'?r!� l , /��`'✓ i /� S �/l� Nl� O//q�.dE �C.�, �i✓s � S L� c S ��' S� /-'r�N/ � ��'l/.`!1�T �f/6 m �. /��'rJ B� -r/�l/�� �a 90� /g 7�-/9�-► j Meetmg time(s) convenient for you: ( lease check one m�nd one in B) i A. Weekly Monthly Anytime i B. Morning Noon Afternoon Evening Anytime I� i By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused i absences will be regarded as an indication that future membership on the board is no longer your desire. i , Signed Date 7 , ** are valid for one ear from the date that the are si ned. i � Board Member Summary Sheets y Y g Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. � CITY OF CAPE GIRARDEAU, MISSOURI - BOARD MEMBER SUMMARY Name �f��� �, �(/Y� ��. Telephone: Day ��—��'l� Home Address �� LP ��:1�� cv� • Evening ��.�j-�rT��� � Year Current Residence in Cape Girardeau Began �QQ,� Current Employer and Position �t 1���(F( � C��,•� � � . ��� �1P I Previous Employers and Positions � � In which Board(s) are you mterested. (����'"�S��� �v � e�{ � Special Qualifications for specific board(s) (include past board service) ��+ �-�,��� �� C'�`C1( C.DI�P��T"10 � �N�t�T� Ll��1 d�Cc`�I���/ L C�-f- U c_f4� G�T�,1 Sc�P�l T ��r c� �.�fl ���(Y�42. ��111C�� T m .��I.G�t�Q �C�I���.Y� � IJ C(�S � c�' A��t�.��-io�` Educational Background��(-E- ��'���� C�_f� i�� �-'� �, NsTecx.�ncx. 197� � �� �-�,-�r�t►. � � �s� -�� ��-��s,r�-- �.��om4,� Community Activities (Include o�ces held and committee service) Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime �� B. Morning Noon Afternoon Evening Anytime ✓ By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed � Date 3 �O ** Board Member Summary Sheets are valid for one year from the date that they are signed. � Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. ._ _ _ - -_ - . . _ . ..,.,�. CITY OF CAPE GIItARDEAU, MLSSOURI BOARD MEN�BER SI:�'VIlVIARY � ,l I � Name � �ST��'� �C 1 � ✓/�'�2�/F L� Telephone: Day _r�,�°`t' "��$� Home Address ^/ �% 1,'(� �i'E �l`�• -L� R�� �°-���0� Evening Year Current Residence in Cape Girardeau Began / �/ �f Current Employer and Position ��T/l2 � ��1 �' �' _ Previous Employers and Positions /�ff/�l��l� '" o� S�/}�C �/�/PLo� ���YT �E6z.�//��� � �� In which Board(s) are you interesterl?�J�e�l3�� �� /}..D�1 S � � y �o�D ��i� �L r�� �� �3 21'r/� �J �/�✓�� � , eci�l O lif� ��a c?tions for specific board(s) (include past board service) .S�ti�io,�. �-iT�r�.�,vs �.�END r � � oa�I� �� l�x"� �w�T�R7��.✓M�N� �- �►'�-�� s , T�>5 J`� n'>>9-/N so�Ra� �'�J�� � ' r— �p fi �,���p�+rrvm�avT sFni/� �-s r� ��C,��r��iz �� �ZE�✓, � lg�Lr�ry°� I►'�5� S��t� L.� ff�+h � GfY►� P �'� � .S'�_`" � r� o�- �- � � � /�l�-� � r��3 � A H t, � '� L !.�r��i n'� 4t�y s 1�n%� z, � Educational Background / v aP � �1�?2� v �A`1"� ��y� V'� - � �'P��Y kV � -,-7— ' 3� - S��m v S�f�-T� - �f ir��� . -' C�� � � � i Sommunity Activities (Include offices held and committee service) �' I �,.� a,P�s C� Z�'�S ��a��i��°. i'�'!-�m?,�.�� o� l'�t���-1� i �( �V� �� �'j f"�S J�! T Jfi l� � U�( ! L L Ps�. � 7 �.�-M�G� �— C'-f/Frn�, ��3 O � �,�".� ���� I Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly Anytime /� i � B. Morning Noon Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused i absences will be regarded as an indication that future membership on the board is no longer your desire. i i ned � ` 1 ` , � ��� i _ g ���� Date / � � **Board Member Summary heets are valid for one year from the date that they are signed. ; CITY OF CAPE GIRARDEAU � Office of the City Manager Council Letter No. 8 0 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri � Re: Appointment to Board of A�justment Dear Mayor and Council Members: One term on the Board of Adjustment is set to expire March 6, 1999. This position is presendy held by Mr. Mark Stuart. Mr. Stuart has exp�ssed his inte�st in being reappointed to the Board. Attached is a copy of his advisory board summary sheet as well as a roster for the board. According to Section 30-61 of the City Code, "The Board shall consist of five members � who shall be freeholders and residents of the ciry, appointed by the mayor and approved by the city council... Three alternate members may be appointed to serve in the absence of, or the disqualification of, the regular members. " Board members serve a five year term. Mr. Jerome Bartosik and Mr. Stephen DelVecchio have also expressed an interest in serving on a city board, and their board summary sheets are attached. It is recommended that one appointment be made to the Board of Adjustment for a term expiring March 6, 2004. If you have any que�ions or comments, please do not hesitate to contact this office. I � Respectfully submitted, I i i /�� � Gay L. Conrad ! uty City Clerk � , ; i � � Michael G. Miller ; City Manager � GLC:MGM: c g CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees � January 19, 1999 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with tenns commencing January 8, 1996. Board oFAdiustment Date Appointed Date Reappointed Term Expires Mark L. Stuart December 4, 1995 (alt.) May 5, 1997 March 6, 1999 William Browne November, 1987 February 21, 1995 March 6, 2000 Ivan Irvin June, 1990 February 20, 1996 March 6, 2001 Bill Tipton March, 1997 --- March 6, 2002 Daniel F. Little February 17, 1993 February 17, 1998 March 6, 2003 David Hinton (alternate) September, 1990 September 5, 1995 September 4, 2000 Mark Buerck (alternate) June, 1995 September 5, 1995 September 4, 2000 Larry Dowdy (alternate) July 7, 1998 --- September 4, 2000 Serve five year terms, appointed by Mayor, approved by Council. Meetings held first Thursday at 7:00 p.m. in the Council chambers. The City Attorney and Building Inspector meet with Board to present City's case. Staff contact- Rick Murray, Inspection Services Director. (Beckie) � I I I i i � �^rt-ar�-a»� -1�.arr.,+-•J.,J�"� " �rict�t5rt�. PAGE 02� b1 � � ��M'M'r'R�C'1�V1�C U�R rrJ -���1JJJ f TIO .C!1�J� CYTY OF CA,PE �IRARDEAU, M�S,SOURI BOARD MF�gR��MA�tY Nau�e U Telephone_ 3 3 q--yoy-7 � Stroot Addrc.as_ g/j �V. ^!/SS•�.e� RL�A,e CArf. Ycar Curront Rcsidenoe in Gpa(�i�ar�cau Bega� 9 Curmni Bmp(oycr and Po9ition��'G« �,��,col�f.D G.v�,,�,�.�,► Prisvic�is Employers and Positio�s v w.� l►4.Lrw.cr oso — S c.�.a.•. �-,✓ � L•••-•s G.. — �61� ln which Boand(s) aR you i�tcrwttd? o vs,-� Snecial Qalificat;nnv fo��ecific bQnrd(s) rpcludp paat bw�rd scrvice) � C.uRR6�+7�y r .Q�..� �,a.rr o�✓ ?�♦ tQo?7QA �,G � � evc� ,c.�k � '' �, �" E. uwrsrrt.aex�o✓ B us��+tts �s.t L �ew.�tc —jJ,s. �.GRLL /ROw^ cS��'►�l D V �mmunit��Ac����f:.. �nch�de otaFFi�ces held and cmnm itsoc�crvicc) Mrcting tirnc(a)convenient tor you: (Pleax check one in A and a�e M B) A• W�k�y Monthly Mytime_� B Morning Noon Af�ecnoon Bvaning ✓ Anytime By signing �nis document, you agroc to aen,e aod attend regu�arly. Three (3) consccutivc unexcuscG ab�nces wif( be rc.�an�led is an ind�lon that futu�memhership an the board is no bngor yotrr Aesirt. Signed � � _ ���/L—q 7 --� "� Bc��d MCmbe�Surm»ary Sbcct�arti valid for o�y�r frrxn thr•dale tl�u they are signed. � TOTAL P.01 CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name ,) c � C� n-� � � � �r}i- i t'�S ► << Telephone: Day 3 ���" � S' z- Z- � H ome A d dr e s s Z Z � C E --f %��� �'� '�" Evening �3�`�- � �/1 �/ Year Current Residence in Cape Girardeau Began J � �'' � Current Employer and Position S �= ��� C � C�S��i %��. ---��f�� �" �c r2 F�� .5.�}.v�S� Previous Employers and Positions _ �, E C� h��c� :S':.y�- t( tiJ, v t=/�t 5 , 7�/ - /7�E=��S !�� %!� L - �J�,nj /L�Z �1 �Z.JiC a'�� In which Board(s) are you interested? /-� L �. Special Qualifications for specific board(s) (include past board service) Educational Background �, S.. f's Y c �-lt L c: �- y — /�� � �� H� C S;�{Tc � �L`S i. /�1.�. < < tiT i n- /'C I�Su JiL", /� �'`� �1 N io'�n d �i-c� I I Community Activities (Include offices held and committee service) �1.� �r'• ,� �;Z � � i I Q U A TZ � �' > c� i R E c'�`?�� � � F ��c= �''� 0 �r!z-�� S�0 �✓ I `� � L� � 1�. ( � 1 �lS �% � nE:S�Nr, � I � Meeting time(s) convenient for you: (Please check one in A and one in B) i A. Weekly Monthly Anytime � ; B. Morning Noon Afternoon Evening X Anytime i By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Si ned �c ���Yr f �t Date z� � g � � � rJ � ** Bo Member ary Sheets are valid for one year from the date that they are signed. i Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. � CITY OF CAPE GIRARDEAU, MISSOURI BOARD MEMBER SUMMARY Name .(.�'L (��:'(� V Telephone: Day ;335- /�6�] � Home Address �� ,���/CC e/R{�E Evening 6S/ -3z1�'j Year Current Residence in Cape Girardeau Be�an ��71 Current Employer and Position e�pt �1 R�Q,��!� .�C/�00� � is�J� r�tlD 6 3 —�.s�a�.ss �1�� Previous Employers and Positions f�ll.t-�N t C�AQK J�C C�A - �N �1t' /LI �14 �oys n���s� �l�ssvcrQ� y�v�v��¢5����1- INsr,euC��oR- In which Board(s) are you interested? ��y �,����e� lj��, �VL'��,� /��c-L� Special Qualifications for specific board(s) (include past board service) Educational Background CN� /U/� dC�77� DF �US/�t5s /��Mi,��S;,�,c�>p,� �,(�,�q� � Communiry Activities (Include offices held and committee service) �Q�LJ/� �q/ �/,QL S .��rd�gr,� I�GaE Meeting time(s) convenient for you: (Please check one in A and one in B) A. Weekly Monthly � Anytime B. Morning Noon Afternoon Evening ✓Anytime By signing this document, you agree to serve and attend regularly. Three (3) consecutive unexcused absences will be regarded as an indication that future membership on the board is no longer your desire. Signed � ,,(,� Date Z/ � ** Board Member Summary Sheets are valid for one year from the date that they are signed. Return to the City Manager's Office, P.O. Box 617, Cape Girardeau, MO 63702-0617. CITY OF CAPE GIRARDF.AU Office of the City Manager Council Letter No. 81 � Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Appointments to Ethics Commission Dear Mayor and Council Members: On October 7, 1996, the City Council ado�ted an Ordinance establishing an Pxhics Commission for the City of Cape Girardeau. A copy of Chapter 2 of the City Code explaining the Ethics Commission is attached. In June of 1997, the City Council appointed the original Commission. One member's term on the Commission expired June 16, 1998. Section 2-132 of the City Code states that no member of the Commission shall serve on the commission after the expiration of his term. Therefore, the member was not eligible to continue to serve. Members serve five yea.r terms. � Mr. 5teven Fritzler has submitted an application for this commission, a copy of which is attached. This is the only qualified application that is on file. In an effort to get individuals to apply for the Commission, letters were forwarded to all of the individuals who had previously,submitted a commission appGcation. However, only one response was received, anWa he �can���b mA�S q u a l i fica t ion s o u d i n e d i n t h e C i t y C o d e. I n a d d i t�o n, a n a d v e rt�s e m e n p Channel. It is recommended that one appointment be made to the Ethics Commission for a term expiring 7une 16, 2003. Respectfully submitted, I I I I � i�Gayle . Conrad � � I Depu City Clerk i ' � i , i ; Michael G. Miller City Manager ,' � � GLC:MGM:gc ` CITY OF CAPE GIRARDEAU, MISSOURI Roster of Advisory Boards and Committees � January 19, 1999 All members of Advisory boards must be residents of the City of Cape Girardeau unless otherwise noted. Members may serve for only two consecutive terms effective with terms commencing January 8, 1996. Ethics Commission Date Appointed Term Expires John N. Egbuka June 16, 1997 June 16, 1999 Kenneth W. Green, Jr. August 18, 1997 June 16, 2000 Dennis Dobson June 16, 1997 June 16, 2001 Bo Shantz June 16, 1997 June 16, 2001 Mark K. Slinkard June 16, 1997 June 16, 2002 Stephen W. Stigers June l6, 1997 June 16, 2002 Vacant --- June 16, 2003 Serve five year terms, appointed by Council. Meet as necessary. Staff contact- Eric Cunningham, City Attorney � I � i � i CITY OF CAPE GIRARDEAU, MISSOURI Ethics Commission Application � Name �t/�.c_ Telephone: Address O Day �73'�33 — 3ZZJ (9 Evening S — 3S�' Z�, Social Security Number — Z Date of Birth 5 Z Cunent Employer and Position � �✓ ' �Tl�f Previ us E loye an Positions � - � �� " r � � S •� '�l) S ial Qualifications for Ethics Commission (include past board service) S e � �� � i . � � (/ 1 i �j � Educational Background S � � � Q , , . i. Communit AcNvities (Include offices held and committee service) � � + �� 1 ' � � � Please answer the following questions by marking the appropriate box. If the answer to any of questions � five (5) through thirteen (13) is yes, please give details in the space provided or on an attached sheet. � Yes No � 1. Are you at least twenty-one (21) years of age? � � � 2. Are you a registered voter for the City of Cape Girardeau? � � 19fr�� 3. Have you been a resident of Cape Girardeau for at least the two consecutive � ❑ i years immediately prior to January 1, 1999? �� 4. Are you willing to file a Financial Interest Statement within thirty (30) days of � ❑ appointment, and then annually thereafter, and comply with all other applicable conflict of interest regulations? ! 5. Since January 1, 1998, have you been employed by the City of Cape Girardeau, ❑ � i the State of Missouri, or any other political subdivision of the State? i 6. Since January 1, 1998, have you been employed as a lobbyist? ❑ � i 7. Do you hold any public office, or are you a candidate for any public office? ❑ � i 8. Since January 1, 1998, have you been a member of the City Council? ❑ �• 9. Since January 1, 1998, have you been a member of any governmental board 0 � committee or commission? i 10.Since January 1, 1998, have you been an officer of any political party or ❑ � � political organization? � 11.Since January 1, 1998, have you permitted your name to be used, or made ❑ � contributions, in support of or in opposition to any candidate or proposition? � 12. Since January 1, 1998, have you participated in any election campaign, except for ❑ � a. registering and voting in an election b. expressing your opinion privately on political subjects or candidates; c. participating in the activities of a civic, community, social, labor or � professional organization; d. being a member of a political party? 13. Have you ever been convicted of a felony or misdemeanor? ❑ � If yes, please give details, including date and nature of offense. Details regarding Questions 5-13. Meeting time(s) convenient for you: (Please check one in A and one in B) � A. Weekly Monthly Anytime t/ B. Morning Noon � Afternoon Evening Anytime By signing this document, you agree to serve and attend regularly. Three consecutive unexcused absences will be regarded as an indication that future membership on the Commission is no longer your desire. This application will continue to place my name for consideration for this Commission for one year from the date it is signed. � Any misstatement on this application shall result in this application not being considered, or in immediate removal from the Commission, and may result in criminal prosecution. SUBSCRIBED AND 5WORN TO this / � day of �-��vu R�Y , 19 9 9 . App cant STATE OF MISSOURI � D�ORAH K BIANKENS I Notary Publ�c-Notary ) SS. STATE OF MISSOU COUNTY OF CAPE GIRARDEAU) Cape Girazdeau 9 � Myc��� � On this /g day of J�n�u A 2� , 19 g g, before me personally appeared S��u�� � F,e.ln.�£,e , to me known to be the person described in and who executed the foregoing instrument, and acknowledged that he/she executed the same as his/her free act and deed, and that the information contained therein is true, accurate and correct. IN TESTIlvIONY WHEREOF, I have hereunto set my hand and affixed my official seal at my office in Cape Girardeau the day and year first above written. � My Commission Expires: Fl3ORA/� /�. �LA��.c�.SNi� Sf- 9- ZD00 (Typed Name of Notary Public) ADMII�TISTRATION $2-130 � ARTICLE V. RESEftvED* and two (2) of the commissioners shall be desig- nated to serve for terms of four(4)yeazs from the Secs. 2-96-2-115. Reserved. date of their appointment.Thereaf�er the commis- sioners shall be appointed for terms of four (4) years except that all vacancies shall be filled for ARTICLE VI. HOUSING AUTHORITYt the unexpired term. The mayor shall designate which of the commissioners appointed shall be Sec. 2-116. Purpose. the first chairman. Whereas, RSMo 99.040 provides that upon �Code 1967, § 2-52) petition of fifty (50) tagpayers of the city asking Sec. 2-118. Declared a municipal corpora- for a housing authority, the city council shall determine whether there is a need for a housing tion. authority in the city;and whereas,there has been After the appointment of the commissioners of presented to the council a petition signed by fifty the housing authority,they shall be known as the (50)taxpayers of the city asking for the creation of commissioners of the housing authority of the a housing authority; and whereas, it is hereby City of Cape Girazdeau.There is hereby created a determined the insanitary and unsafe inhabited municipal corporation known as the housing au- dwelling accommodations exist in the city, that thority of the City of Cape Girardeau, which there is a shortage of safe and sanitary dwelling corporation shall function in accordance with the accommodations in the city available to persons of laws of the state. low income at rentals which they can afford,that (Code 1967, § 2-53) there egists in the city a condition of overcrowd- ing in population to the land coverage, that the �cs. 2-119-2-129. R.eserved. � light, air,space and access available to the inhab- itants of insanitary and unsafe inhabited dwell- ings is insufficient, that the size and arrange- ,�,�CLE VII. ETHICS CONIINIISSION ments of the rooms and sanitary facilities of many of the dwellings of persons of low income aze �c. 2-130. Composition. inadequate, and that conditions exist in such dwellings which endanger life and property, fire There is hereby established an ethics commis- I or other causes, the council hereby declares that sion,hereinafter referred to as "the commission," there is a necessity for a housing authority as which shall consist of seven (7) members, who defined in RSMo Chapter 99. must be registered voters of the city, at least � (Code 1967, § 2-51) twenty-one(21)years of age, and residents of the city for at least two (2) consecutive years imme- Sec. 2-117. Membership;appointment,qual- diately prior to their appointment, all of whom I ifications, term, chairm,an. shall be appointed by and approved by the city i The mayor is hereby notified and directed to council. i appoint five (5) persons who are taxpayers of the (1) No member of the commission shall, dur- i city and who have resided in the city for five (5) ing his term of service or within one (1) i years prior to their appointment, as commission- year before or after: � ers of the housing authority. Three (3) of the a. Be employed by the City of Cape i commissioners shall be designated to serve for Girardeau, the state or any political I terms of one (1), two (2) and three (3) yeazs subdivision of the state; i respectively from the date of their appointment, b. Be employed as a lobbyist; i •Editor's not�-4rd.No.2197,$1,adopted July 21,1997, c. Be a member of the city council; i repealed Art.V,§§2-96-2-99,which pertained to the division I of transit.See the Code Comparative Table. d. Serve on any other governmental i � tCroas refereace—Urban redevelopment,ch.28. board, committee or commission; ; Supp.No. 16 161 , ¢2-130 CAPE GIRARDEAU CODE e. Be an officer of any political party or � political organization; f. Permit his name to be used,or make contributions, in support of or in opposition to any candidate or prop- osition; g. Participate in any way in any elec- tion campaign, except that a mem- ber or employee of the commission shall retain the right to register and vote in any election, to egpress his opinion privately on political sub- jects or candidates, to pazticipate in the activities of a civic, community, social, labor or profeasional organi- zation, and to be a member of a political party. (2) No member of the commission,during his term of service, shall hold or be a candi- date for any other public office. (3) No member of the commission shall have been convicted of a felony or a crime involving moral turpitude. (Ord. No. 2050, art. 1, 10-7-96) � Sec. 2-131. Applications. All prospective commission members must sub- mit a written application, signed under oath, indicating that he meets the qualifications set out in this article.Any misstatement on that applica- tion shall result in his application not being considered, or in his immediate removal from the commission. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-132. 1�erms. The term of office of the members of the ethics commission shall be for five (5) years, excepting that the membership of the first commission appointed under this section shall serve for the following terms: One (1) for one (1) yearaz, one (1) for two(2)years;one(1)for three(3)years;two(2) for four(4)years;and two(2)for five(5)years.As the term of a member expires, the council shall � Supp.No. 16 162 i ADMINISTRATION §2-139 � appoint a successor for a term of five (5) years, Sec. 2-136. By-laws. except as provided below. No member of the commission shall serve on the commission after The commission shall draft by-laws to govern the expiration of his term. No person shall be the conduct of its business. All by-laws shall be appointed to more than one (1) full five (5) year subject to approval by the city council and may be term on the commission. amended by the city council at any time. No (Ord. No. 2050, art. 1, 10-7-96) by-laws shall be effective until they have been adopted by ordinance of the city council. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-133. Removal; forfeiture of office. Sec. 2-137. Financial disclosure;conflicts of (a) The members of the ethics commission may interest. be removed at any time by a majority vote of the city council. All commission members shall be required to file a financial interest statement, as defined in (b) A member of the commission shall immedi- section 2-81, within thirty (30) days of their ately forfeit his office if he: appointment, and then annually thereaf�er by their appointment dates. They shall also comply (1) Lacks at any time during his term of office �th all conflict of interest regulations applicable any qualification for the office prescribed to city council members and other elected or by this article or by law; appointed of�cials as set out in section 2-76 (2) Volates any express requirement of this through 2-83 of the Code of Ordinances of the City article• of Cape Girardeau, Missouri. (3) Remains in default to the city after notice �Ord. No. 2050, art. 1, 10-7-96) � of such default; or Sec. 2-138. Quorum; voting. (4) Ceases to be a resident or registered voter � of the city. (a) A quorum for conducting business shall be j (Ord. No. 2050, art. 1, 10-7-96) five (5) members. I (b) A vote of a majority of all members,regard- � Sec. 2-134. O�cers. less of quorum,is needed to pass any issue,except the decision to investigate a complaint, which The ethics commission shall elect a chairman, shall only require three (3) �rmative votes. No I vice-chairman, and a secretary to serve a term of inember shall vote or take part in formal discus- one(1)year each.The first officers,however,shall sions or investigations on any matter which may j only serve until the following January. Thereaf- materially or apparently affect the substantial ! ter, the commission shall meet annually during personal or private interest of that member. i the month of January of each year to elect a (Ord. No. 2050, art. 1, 10-?-96) � chairman,vice-chairman and secretary to serve a term of one (1) year. No person shall serve more Sea 2-139. Meetings; records. i than two(2)full terms as chairman.The names of the new offcers shall be reported to the city (a) The only required meetings shall be those j council within fifteen(15)days after the election. established in sections 2-134 and 2-140.4 of this (Ord. No. 2050, art. 1, 10-7-96) article. The commission may also meet at times i� set out in its by-laws, and at any time upon the call of the chairman. i Sec. 2-135. Compensation. i (b) The commission shall keep complete min- i No member of the ethics commission shall utes of its proceedings, showing the votes, and � receive compensation for his service. shall submit a copy of those minutes to the city i (Ord. No. 2050, art. 1, 10-?-96) council within fifteen(15)days after the meeting. Supp. No. 14 163 I �2-139 CAPE GIRARDEAU CODE ��1I (c) All proceedings of the commission shall be (2) The occurrence to be investigated; recorded, and shall be transcribed within fifteen �3) The date, time and place of that occur- (15) days after the meeting. A copy of that tran- rence; script shall immediately be filed with the city clerk. (4) A statement of how that occurrence alleg- (d) The city clerk shall develop appropriate edly violates one of the categories listed in section 2-140.1 hereinabove; systems to file and maintain an index of all complaints,information,transcripts,minutes,re- (5) The names and addresses of all known ports and other records of the commission to witnesses to this conduct; facilitate public access to such information, ex- (6) Copies of all documents in the possession cept as may be limited by this article and confi- of the commission which would support dentiality requirements otherwise provided by the allegation; and law. (Ord. No. 2050, art. 1, 10-7-96) (7) A statement that there is probable cause to believe that such a violation occurred. Sec. 2-i40. Investigations. (d) Filing. All valid complaints as set out in (a) Generally. The commission may, upon its sub-paragraph (b), and information as set out in own initiative, or shall, upon receipt of a valid sub-paragraph (c), must be filed with the city complaint of any person or entity,review or inves- clerk before any action may be taken by the tigate the official conduct of the mayor, council commission. The city clerk shall immediately de- members, city manager, chief purchasing officer, liver a copy of the complaint to all commission city judge, and boazd members as it pertains to members.The commission shall meet within thirty claimed ethical violations consisting of conflict of (30)days of the date the complaint or information interests,forfeiture of office as defined in Chapter �'as filed with the city clerk to begin its investi- � 3.07, Failure to Disclose, Failure to Meet Qualifi- gation. cations, Malfeasance or Misfeasance of duties. (e) Restrictions. No complaint or occurrence (b) Valid complaint. A valid complaint may be shall be investigated which concerns alleged crim- made by any person or entity, must be written ��conduct which allegedly occuned previous to and signed under oath, and must state suf�cient the period of time allowed by law for criminal facts to establish a violation of one of the sections P�secution for such conduct. The commission listed in section 2-140.1 hereinabove, the names may refuse to investigate any conduct which is and addresses of all known witnesses to this �e subject of civil or criminal litigation. The conduct, and copies of all documents in the pos- commission shall not investigate any complaint session of the claimant which would support the or occurrence conceming conduct which is not allegation. criminal in nature which occurred more than two (2) years prior to the date of ttie filing of the (c) Complaints initiated by the commission. complaint or the information mentioned in para- The commission may vote to initiate an investi- graphs (b) or(c)hereinabove. gation upon its own initiative if there is probable cause to believe that a violation has occurred in (fl Inuestigatiue powers. one of the categories listed in section 2-140.1 (1) The commission shall have access to all hereinabove.Prior to beginning any investigation city records reasonably calculated to lead on its own initiative, the commission shall file a to the discovery of evidence which will written information with the city clerk,signed by reasonably assist the commission in car- all commission members affirmatively voting to rying out the duties prescribed in this proceed with the investigation, clearly setting article, and which are not closed by state forth the following items: statute. (1) The name of the person to be investi- (2) The commission shall have power to re- gated; quest additional information from any �„� Supp.No. 14 164 ADMINISTRATION § 2-140 � matter being investigated. It may admin- sion, and a recommendation of specific action. ister oaths and affirmations. All testi- Within thirty (30) days of the city council receiv- mony before the commission shall be re- ing the commission's report,the city council shall corded and under oath. vote to take action on the complaint or informa- (3) Anyone who knowingly gives false testi- tion.Such action shall be based solely on the facts set out in the report and shall be to accept,reject, mony before the commission shall be guilty , of a misdemeanor punishable under sec- or adopt a modification of the commission s rec- tion 1-8 of this Code. ommendations. (k) Definitions. The following definitions shall (g) Counsel. be used in interpretation of this article: (1) The commission may request the city at- (1) Official conduct:Any behavior by a public torney, or if a conflict exists, the city officer or employee specifically related to council shall designate independent coun- the duties of his office. sel to assist in its investigations. (2) Mayor: The individual serving as mayor (2) Any person who is the subject of an inves- under Article III of the City Charter, dur- tigation under this article,may be present �g�s term of office. at any proceeding before the commission and may be represented by counsel. (3) Couricil members:The individuals serving as council members under Article III of (h) Con fidentiality.All proceedings and records the City Charter, during their terms of of the commission to review complaints, conduct office. investigations, and decide whether to initiate an investigation shall be closed until a report under �4) City manager: The individual serving as � section 2-140.10 is issued to the City council, city manager under Article IV of the City except as otherwise provided in this article and by Charter, during his term of office. I applicable state law.Any person who violates the (5) Chief purchasing officer: The individual I confidentiality requirements imposed by this sec- serving as finance director, and head of tion shall be guilty of a misdemeanor punishable the finance department, during his term i under section 1-8 of this Code. of office. I (i) Hearing procedure. All hearings before the (6) City judge:The individual serving as mu- i commission shall be conducted according to the nicipal judge or special municipal judge, � procedures established by its by-laws.Those hear- under Chapter 16 of the Code of Ordi- i ings shall allow introduction of all relevant evi- nances of the City of Cape Girardeau, dence,and provide the accused ample opportunity during his term of office. j to rebut the allegations against him. The accused (7) Board members: The individuals serving � must be given a copy of the complaint or informa- on boards and commissions, as set out in I tion against him before any investigation may I Sections 5.03, 5.04, 5.05 and 5.11 of the proceed. The accused is also entitled to copies of City Charter, during their terms of office. j all records obtained by the commission during its i investigative process. (8) Conflict of interests:The standards estab- j lished in Chapter 2,Article IV of the City (j) Report to council. Within thirty (30) days Code. after the completion of every investigation, the commission shall issue a written report of its �9) Forfeiture of office: The standards estab- j findings to the city council, which report shall be lished in Section 3.07(b)of the City Char- I made available to the public at that time. The �r' i written report shall also contain a copy of the (10) Failure to disclose: Any wilful failure or complaint or information, minutes and tran- refusal to reveal any conflict of interest or j � scripts of all meetings in any way discussing the to file any required financial interest state- � occurrence, all evidence obtained by the commis- ment. Supp.No. 14 165 j §2-140 CAPE GIR�IRDEAU CODE � (11) Failure to meet qualifications:The failure if the city council has already commenced its own of any individual to satisfy or maintain investigation into the matter. In that event, any the eligibility requirements of his office. appeal must be filed with the circuit court within (12) Malfeasance or misfeasance of duties:The thirty (30) days of the final decision of the city commission of any act which violates fed- council. eral, state or municipal statutes or ordi- �Ord. No. 2050, art. 1, 10-7-96) nances in the performance of his official duties. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-141. Non-egclusivity. The procedures set out in this article aze in addition to other provisions of law under which any remedy or right of appeal or objection is provided for any person, or any procedure pro- vided for inquiry or investigation concerning any � matter. The provisions of this article shall not be construed to limit or affect any other remedy or right of appeal or objection. The city council shall still have original jurisdiction to initiate and conduct its own investigation of any alleged eth- ical violation. (Ord. No. 2050, art. 1, 10-7-96) � Sec. 2-142. Malicious complaints. If, in the opinion of the commission, the com- plaining party was motivated by malice or reason contrary to the spirit of any law on which such complaint was based,in filing the complaint with- out just cause,this finding shall be reported to the city council and to appropriate law enforcement authorities. Any person who knowingly files a complaint without just cause, or with malice, shall be guilty of a misdemeanor punishable un- der section 1-8 of this Code. (Ord. No. 2050, art. 1, 10-7-96) Sec. 2-143. Appeals. If any accused person is aggrieved by an ad- verse decision of the city council to accept, reject, or adopt a modification of the commission's rec- ommendations, he may file with the city clerk within thirty(30) days of that decision a written request for a new hearing before the city council. No appeal to the city council is available,however, � (The next page is 211] Supp.No. 14 166 � OTHER � I � , . � � � � � � � � � � � � � � CITY OF CAPE GIRARDEAU Office of the City Manager � Council Letter No. 8 2 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: RE: Amended Preliminary Plat of Vernon Rhodes Subdivision This item concerns the preliminary plat submitted by Vernon E. Rhodes Family Partners, L.P. for Vernon Rhodes Subdivisioq which is located at the southern intersection of Boulder Crest and Kingshighway. The Council tabled action on this preliminary plat at their meeting on February 1�`until concerns with the rezoning and Special Use permit request are resolved. The Planning and Zoning Commission approved this amended preliminary plat by a vote � of 7 in favor and 1 in opposition at its meeting on January 13, 1999. In accordance with Section 25-40 of the City's Subdivision Ordinance, should the Council approve the preliminary plat, the Clerk should be directed to note the date of approval, sign and affix the City sea1. The plat will then be returned to the developer who may then proceed with thE preparation of improvement plans. Respectfully submitted, � ��� Ken . Bratton C' Planner I ; Mich e�G. l�ill� i City Manager � � KBM/MGM/rlf ' � I i' � : i � �� /' �� ) 1 a �� .� t:. o �/ J �� . N W � ` /�� /�i s / .s < � 1 / � � n� O W�j // ti �Ftl N �� � / // _ / I NWi i � / u� / � � ' �'��W' `� '� � / / /// W ��o$ffg �g �.. `� 3 ` OWZ�Cp�<UGN�W�w / � � �Y � p ' KpmIIKO¢�ZrcOKOU ,.,/� � .. 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"��-.r � � � _ i //// +' � - - - �• � ' - - � � _ - - ; � — _ . .� �. \ � — �j// �/ � — � � � — — � / �_// i i i — — 4ar� o � � ���i — � � — � � ` � � �� `� — — � �i I i / � ---- ----- I �o F,p 0 a � � 0 � N m z x v J= ,'� 6 BRENT� A NNO D H. R• C ROLE 4100 N E 6L R 6 OH w c� � � F WN DR � CITY OF CAPE GIRARDEAU � Office of the City Manager Council Letter No. 83 Agenda February 16, 1999 The Honorable Mayor and Members of the City Council City of Cape Girardeau, Missouri Re: Electrical Contnaictors License Dear Mayor and Council Members: At the February l, 1999, City Council meeting, Councilman Eggimann requested that an ordinance be developed that would grandfather existing electrical contractors from taking the required licensing examination. The attached draft ordinance removes the provision that current electrical license holders must take the exam. The City Council passed an ordinance on March 18, 1996, requiring all electrical � contractors to pass an examination in order to receive an electrical license. Electrical license holders at that time were given five years to pass the test or they would�lose their license. The test was developed by Block & Associates, a national testing firm. lndividuals must answer 70% of the questions correctly to pass the test. The City began licensing electrical contractors in 1991. , In Cape Girardeau, 56% of individuals who have taken the test have passed (26 out of 47) and 93% of those passed the test the first time (24). The statewide average of 0 individuals who pass the test the first time is 47.2/0. The difference between Cape Girardeau's and the state's avertage may be due to the fact that the Vo-Tech School has offered courses on the electrical contractors test since testing was required in 1996. Currently, there are 221 active electrical contractors licensed with the City of Cape Girardeau and 13 inactive electrical contractors. As stated above, 26 electrical contractors have passed the exam. It should be noted that the Inspection Services Division's recent favorable ISO rating of"5" was due in part by the City's practice of requiring testing for all electrical contractors. Plumbers and mechanical installers have been required to pass an examination since the 1950s and were not grandfathered. The Inspection Services Division conducted a survey of the standard four cities similar in size and demographics to Cape Girardeau: St. Joseph, Joplin, Jefferson City, � and Sedalia. In addition, staff surveyed St. Louis County and the surrounding cities of Sikeston, Perryville, Poplar Bluff, and Jackson. Staff asked whether electrical � � I I City Council Letter No. 83 Agenda February 16, 1999 Page 2 � � contractors in those cities were grandfathered from taking the test if they already had an electrician's license. In addition, they were asked how many times, on average, it takes an individual to pass the test. In general, it appears that most cities in Missouri of similar size to Cape Girardeau allowed some form of grandfather provision in the testing and licensing of electrical contractors. St. Joseph and St. Louis County require some amount of experience in order to be grandfathered, while Joplin, Jefferson City, and Poplar Bluff grandfathered all electrical contractors. Below are the results from the survey: • .S� Joseph: requires testing by Block & Associates for two types of electrical licensing,journeyman and master electrician. When St. Joseph started testing, master electricians were grandfathered but journeymen were not. If they fail the test the first time, they can retake the test in 30 days. If they fail the second time, they can retake the test in 30 days. If they fail the third time, they must go back to the Board of Examiners for assistance. � Joplin: requires testing by Block & Associates. When Joplin began testing, both masters and journeymen were grandfathered. Electrical contractors generally take the test 2-3 times before passing. The Board of Examiners will assist the electrical contractors with study guides and a list of classes to help them pass the test. • Jefferson City: requires testing by Block & Associates. Electrical contractors must � have 2000 hours experience to take the test. All electrical contractors were grandfathered when they began testing. Some electrical contractors pass the test the first time, but most take the test 3-4 times before they pass. There are no instruction classes for electricians to prepare for the test. • Poplar Bluff: requires electrical contractors to pass a locally designed test. All electrical contractors were grandfathered when they began testing. Approximately 90%of individuals pass the test the first time. • S� Louis County: requires testing by Block & Associates. When they began testing, electrical contractors had to show proof of experience to the Boazd of Examiners to be grandfathered. If they did not have the required four years experience, they were required to take the test. Approximately 50% of individuals pass the test the first time. People who do not pass the test the first time must get help from the Electrical Inspector and cannot take the test for four months. If they fail a second time, they must go back to the Electrical Inspector and cannot take the test for one year. • .Sikeston, Perryvi[le, Jackson, and .Sedalia do not reyuire testing and only need to show proof of insurance and worker's compensation to get a license. The City Council has three options regarding electrical licensing: 1. Grandfather all electrical contractors licensed by the City of Cape Girardeau. 2. Only gandfather electrical contractors with considerable experience. This can be done by only grandfathering master or higher level electricians or by requiring a certain amount of years of experience to be grandfathered. The City of Cape � City Council Letter No. 83 Agenda February 16, 1999 Page 3 � Girardeau currently requires four years experience for an individual to take the test for a journeyman electrical license and requires one year of experience as a journeyman to be eligible for a master electrical license. 3. Keep ordinance the way it is and continue to require all electrical contractors to pass the exam by 2001. The Board of Examiners held a special meeting on Thursday, February 1 l, to discuss tfie issue of testing for electrical licenses. Reports from their meeting will be provided on Tuesday for the City Council's study session. Respectfully submitted, --�1 e enton ,;. Acting spection Services Director ;' i i .i-._. � Michael G. Miller City Manager I � � � � � • i � � lDraft 2/3/991 BILL NO. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE RELATING TO ELECTRICIAN LICENSE HOLDERS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS: ARTICLE 1. Section 15-427 (h) of the Code of Ordinances of the City of Cape Girardeau, Missouri, reading as follows: Sec. 15-427. License required. (h) Existinq electrician Iicense holders. All persons licensed as an electrician as of the effective date of this section shall be entitled to continue working in that capacity and license status under their existing electrician license, provided however, that they must obtain a new license issued pursuant to this I article by passing the appropriate examination on or before five (5) years from the effective date of this section. s�:�oxu,?s� ....o?<�.�ca ,:ir. o��:,: .:,s;<;.r:,> ,:..,�..,F.?z�.�:i .�f�i,.� a:::r;<,. � ��S���Q����'���,�������iy �� ��s ����;���y, and a new Section 15-427 (h) is hereby enacted in lieu thereof, in words and figures, to read as follows: Sec. 15-427. License required. (h) Existing electrician license holders. All persons licensed as an electrician as of the effective I date of this ���section s�+��.;��� date Ce�t�i��; shall be entitled to continue working in that capacity and license status uncler their existing electrician license � a� �_ .,���t' �� s ^auw�4i�e�y�,��'�1Z�����f��rassing f.in yG.flt.+Fi7�lk���4i����� --:A� tif I � ` � +�.�����`���d����th a�� .�t�e�� +�� : .. � yf .�.>'��� , ,�o�;� �.::��.� �..,#��...���� � ► 6��a��1--a�}�� ' ' �s e—z�auc�--�-�l�an�cv—t�iz��u��'�-E�� I I . I ARTICLE 2 . If any section, subsection, sentence, clause, � phrase or portion of this ordinance is for any reason held i invalid or unconstitutional by any court of competent ; jurisdiction, such portion shall be deemed a separate, distinct i and independent provision and such holding shall not affect the i validity of the remaining portions hereof. i ARTICLE 3 . It is the intention of the governing body and it i � is hereby ordained that the provisions of this ordinance shall ,' become and be made a part of the Code of Ordinances of the City �Draft 2/3/99I of Cape Girardeau, Missouri, and the sections of this Code may be � renumbered to accomplish such intention. ARTICLE 4 . This ordinance shall be in full force and effect ten days after its passage and approval . PASSED AND APPROVED THIS DAY OF , 19 A. M. Spradling, III, Mayor ATTEST: Gayle L. Conrad Deputy City Clerk � � CITY OF CAPE GIRARDEAU � Office of the City Manager Council Memorandum No. 17 February 16, 1999 The Honorable Mayor And ' Members of the City Council City of Cape Girardeau, Missouri Dear Mayor and Council Members: Subject: Draft Ordinance Grandfathering Electricians from Examination In response to the proposed ordinance drafted to grandfather currently license electricians from examination, the Board of Examiners met on Febnzary 11, 1999 to study, discuss and formulate a response to the Council on this issue. The Board understands the concerns that have been voiced and recognizes the possible repercussions of requiring all electricians to pass an examination by the year 2001. In response to this, we would like to work with the Council on reaching a standard that would prove beneficial for both the community and for those who work in the electrical field. Although the Board prefers that the ordinance remain as currently written, � we respectfully offer a compromise in which all currently licensed electricians would be grandfathered from examination with the stipulation that the license holder submit to the Board of Examiners for approval proof of experience and qualifications as per the licensing ordinance Section 15-427 C. Those electricians requesting status of"Master Electrician" would also be � required to personally appear before the Board. This provision would provide the Board with an avenue in which to place all electricians into one of the five electrical categories established by the licensing ordinance. The Chairman of the Board of Examiners will attend the study session to answer any questions you may have. Respectfully Submitted, ) �- I i �� Dan titz � Chairman, Board of Examiners f � � Robbie Roberts � Building Supervisor ! � DS/RDR/bds � Cc: Board of Examiners i Proceedings of the City Council, City of Cape Girardeau, Mo. lE Executive SeSsiotl February 1 1 g 99 ��.,.,, — ' � � �1� � EXECLTTIVE SESSION- FEBRUARY 1, 1999 R�� I, T � The following items were discussed in execudve session on February l, 1999: I I Silver Sprin�s Road Extension: City Planner Kent Bratton reported that the city has a meeting i� with St. Francis Medical Center on February 3 to review alternatives for the extension of Silver �' Springs Road through its property. Ken Eftink continued that the hospital has expressed concerns i i with the original alignment and would like it moved to the East. Alternative #2 moves the alignment to the east and gives the hospital more property on the west side of the street. �� Alternative #3 moves the alignment all the way to the east next to the residential property and will ,'� require a retaining walL [f alternative #3 is selected, the city will ask the hospital to pay for the �i wall and the added cost of rock excavation. Both alternatives are 20 to 30 feet below the grade of �! the residential property. Following discussion by the Council, Mr. Gateley made a motion, �� seconded by Mr. Stoffregen, staUng that the City Council prefers alternative #2 foc the Silver '� Springs Road extension. The motion was approved upon the following roll call vote: Eggimann, i! aye; Gateley, aye; Neumeyer, aye; Purcell, aye; Spradling, aye; Stoffregen, aye. There being no further business, the execu6ve session adjourned upon Mr. Eggimann's moUon, '� Mr. Neume er's second and the followin roll call vote: E imann a e• Gatele a e• � Y , g gg , y , y, y , Neumeyer, aye; Purcell, aye; Spradling, aye; Stoffregen, aye. � A. M. Spradling, III, Mayor ;; �,i ;I ,; Gayle L. Conrad, Deputy City Clerk �i i � � �I I �I j II I II I ,, .� � I � i I , � Proceedings of the City Council, City of Cape Girardeau, Mo. 163 Regular SeSSiOtI February 1 1 g 99 REGULAR SESSION— FEBRUARY 1, 1999 i Council convened in regular session on Monday, February 1, 1999, at 7:30 p.m. with Mayor � Albert M. Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, I Melvin Kasten, Tom Neumeyer, Jay Purcell and Frank Stoffregen present. i� �� The invocation was presented by Clayton Smith of Centenary United Methodist Church, and the Pledge of Allegiance was recited. The City Council convened in Executive Session prior to the Regular Session for the purpose of i I d i s c u s s i n g p r o p e r ty a c q u i s i t i o n u p o n M r. G a t e l e y's m o U o n, M r. P u r c e l l's s e c o n d, a n d t h e �I fol(owing vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell, Spradling, Stoffregen. Nays, �I none. !� I I The minutes of the January 19, 1999, regular session were approved upon Dr. Kasten's motion, i i Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, �� Purcell, Spradling, Stoffregen. Nays, none. ' �i The agenda was adopted as distributed upon Mr. Gateley's moUon, Mr. Stoffregen's second, and i; the following vote: Ayes, Eggmann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. '; Nays, none. '� ',: I� � This being the date set for a public hearing regarding the necessity to improve that part of ;i Bloomfield Road from West of South Kingshighway to Siemers Drive, not including I-55 bridge, i I I for a distance of approximately 6500 feet, the hearing was opened. Mr. Howard Tooke, 402 i; Chesley Drive, stated that an article in the local newspaper did not reflect what was discussed at ;j the previous property owners meeting. [t was his understanding that if all right-of-way was � donated, there would be no charge for the paving. He ques6oned the status of this issue. City Planner Kent Bratton responded that agreements have been reached on all properties; however, there are still two written agreements that have not been received from property owners. There i being no further appearances, the hearing was closed. This being the date set for a public hearing regarding the necessity to improve that part of Bloomfietd Road from Christine Street to Spring Street, for a distance of approximately 950 feet, the hearing was opened. Ms. Selma Crisler, 337 Spring, appeared and stated that Spring Street was recently overlayed, and now the stormwater from the street is directed towards her house and has washed out footings under her carport. She indicated that City Engineer Mark Lester has I assured her that when the Bloomfield Road project is complete, this will take care of the problem. Mr. Lester replied that the Bloomfield Road improvements will include curb and gutter and other � j inlets on Spring Street to take care of the stormwater problem. There being no further j appearances, the hearing was closed. This being the date set for a public hearing regarding the necessity to improve that part of Hopper i Road from Mt. Auburn Road to Kage Road, for a distance of approximately 3528 feet, the hearing I was opened. There being no appearances, the hearing was closed. � This being the date set for a pub(ic hearing regarding the necessity to improve that part of Hopper j Road from Oak Ridge Court w Interstate SS for a distance of 1700 feet, the hearing was opened. I There being no appearances, the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. l�� Regular SeSSiOn February 1 9 ��.,.,, � V This being the date set for a public hearing regarding the request of Vernon E. Rhodes Family ,�, Partners, L.P. for a special use permit for a community unit plan at the southwest corner of Kingshighway and Boulder Crest Drive in an R-4, multiple family residential district, the hearing ;; was opened. Mr. Al L.owes appeared on behalf of the Rhodes family. He explained that this j� development includes 72 housing units. Fire Chief Dan White has expressed concerns with the �,� � development and has suggested a second envance on the west side of the development, which will ' necessitate a retaining wall. He continued that this development dces not violate any of the special '�I use permit regulations contained in Section 30-39 of the City Code, and there are many other cul- de-sacs in the city that only have one envance. He requested the Council reaffirm the Planning i� �� and Zoning Commission's vote. ;� il i Eire Chief Dan White appeared and stated there is a potential for difficulty to access this development in the event of a disaster. This is a high density residential area, the length of the ;j cul-de-sac and private drive prevents hire hoses from reaching the units, more fill is needed to i� i bring the entrance road to grade which will make it more susceptible to failure, and the j; development is in the bottom of a bowl shape and there is no alternative access. Upon questioning ;� i� by Mayor Spradling, Chief White stated that the access road to Lynwood Baptist Church dces not �' have such a high occupancy level at all times, and the apartment buildings on that street were built ; before the road was annexed. ;I Mr. Scott Rhodes appeared and stated that another access road is not possible because of the shape �� of the land. �I � Mr. Purcell stated that the City has become a disaster resistant community, and the Cvuncil should � consider this when voting on the issue. � ;', BILL NO. 99-25 was given first reading as follows: i� ,; AN ORDINANCE GRANTING A SPEC[AL USE PERMIT TO VERNON E. RHODES ;� FAMILY PARTNERS, L.P., FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND j� OPERATING A COMMUNITY UNIT PLAN AT THE SOUTHWEST CORNER OF I i KINGSHIGHWAY AND BOULDER CREST DRIVE, IN THE C[TY AND COUNTY OF �i CAPE GIRARDEAU, MISSOURI I j I Mr. Gateley made a motion, seconded by Mr. Stoffregen, to approve the first reading of BILL I i NO. 99-25. Mayor Spradling stated that item five of the proposed special use permit requires a '! second access to the development. City Manager Michael Miller explained that the Planning and I i Zoning Commission recommended that the developer meet with the Fire Department to resolve the �; access issue and, therefore, the requirement for the second access was placed in the special use i! permit. City Planner Kent Bratton confirmed that the Commission's approval was contingent upon �; Mr. Rhodes meeting with the Fire Chief and satisfying his concerns about a second access. i; Following discussion by the Council, Mr. Eggimann made a motion, seconded by Mr. Purcell, to �; table the public hearing and approval of this ordinance to the February l6 City Council meeting to � allow the Council time w view the proposed development. The motion was approved upon the � following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. � Nays, none. This being the date set for a public hearing regarding the request of Gibson Recovery Center, [nc. � to rezone lll2 Linden Street from R-4, multiple family residential district, W C-1, locai commercial disvict, the hearing was opened. Mr. Dick Decker, Executive Director of fhe Gibson Center, appeared in support of the request. He stated that the present R-4 zoning restricts the � Proceedings of the City Council, City of Cape Girardeau, Mo. 165 Regular SesSion February 1 1 g 99 number of residents at the facility to less than 20. [n C-I zoning, he said the facitity would be able to house more than 20 people. In addition, C-I zoning would be required if the facility decided to construct additional buildings at this site. The proper zoning would assist the board in establishing I future programs at the facility and securing proper funding. To secure a new program, the proper zoning is required. Upon questioning by Mr. Purcell, Mr. Bratton explained that under R-4 , zoning two buildings would be allowed with certain uses. A different type of program may � require a different zoning. Mr. Cunningham further explained that generally C-1 zoning allows a I broader class of use than an R-4 zoning. A "C" zoning is less restrictive. Mr. Larry Beussink, President of the Parkview State School PTO, appeared and expressed � concerns with use of the Gibson Center if it is rezoned. ! � There being no further appearances the hearing was closed. I I i BILL NO. 99-27 was given first reading as follows: � AN ORDWANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE ;I CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGWG THE ZONING OF PART OF �I TRACT A OF 1112 LINDEN STREET, CITY AND COUNTY OE CAPE GIRARDEAU, j! MISSOURI FROM R-4 TO C-1 �� Following comments by the Council, Dr. Kasten made a motion, seconded by Mr. Gateley, to ;'. � approve the first reading of BILL NO. 99-27. The motion failed upon the following vote: Ayes, ;; Spradling. Nays, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. ;� �� �; This being the date set for a public hearing regarding the proposed amendments to the Zoning �i Ordinance, Section 30-2 and 30-39, regarding microbreweries and pub breweries, the hearing was I I opened. There being no appearances, the hearing was closed. � The following bills were given second and third readings: BILL NO. 99-18 AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE � G[RARDEAU, MISSOURI, UPON THE REQUEST OF THE � MISSOURI STATE HIGHWAY AND TRANSPORTATION COMMISSION I BILL NO. 99-19 AN ORD[NANCE ANNEXING LAND TO THE CITY OF CAPE I IRARDEAU MISSOURI UPON THE REQUEST OF DAVID E. ' I G '� , � HRISTINA GREEN AND MARK AND !I I HOWARD, JAMES AI�1D C > , KELLIE PHILLIPS I BILL NO. 99-22 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY j COUNCIL DECLARING IT NECESSARY TO IMPROVE, PROVIDING FOR THE [MPROVEMENT, DIRECT[NG THE CITY MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK, AND PROVIDING FOR THE MANNER OF PAYMEIVT OF THE � M ER Y DRIVE TO JANET , WORK, OF DELWIN STREET FRO L O DRIVE, FOR A DISTANCE OF APPROXIMATELY 345 FEET, IN I THE CITY OF CAPE G[RARDEAU, M[SSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. 166 Regular SeSslOn February 1 1 g 99 The second and third readings of BILL NOs. 99-18, 99-19, and 99-22 were approved and the ; ordinances adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: ;i Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL ;I � NO. 99-18 is ORDWANCE NO. 2481; BILL NO. 99-19 is ORDINANCE NO. 2482; B(LL NO. j i � ! 99-22 is ORDWANCE NO. 2483. i� , I �' � BILL NO. 99-23 was given first reading as follows: AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE TIMBERLAND DRIVE I I FROM KAGE ROAD TO THE DEAD END; CAPAHA TRAIL FROM THE END OF �I i EXISTINC PAVEMENT TO THE DEAD END; GARDEN LANE FROM CAPAHA TRAIL TO I THE DEAD END; HILL STREET FROM JOHNSON STREET TO THE DEAD END; I iBEAUDEAN LANE EROM COLLEGE STREET TO SOUTH OF ELM STREET; BEAUDEAN I I LANE FROM LINDEN STREET TO HICKORY STREET; ENGRAM STREET FROM � �� HIGHLAND DRNE TO THE DEAD END; TERRY LANE FROM KINGSWAY DRIVE TO � � JOANNE STREET; AND JOHNSON STREET FROM RAND STREET TO RIVERVIEW �� i' �' DRIVE, W THE C[TY OF CAPE GIRARDEAU, MISSOURI � i ;; �� ;� Following discussion, the first reading of BILL NO. 99-23 was approved upon Mr. Eggimann's i� !; moUon, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, �`; �i Neumeyer, Purcell, Spradling. Nays, none. Stoffregen abstained for financial reasons. ;i li � i; BILL NO. 99-26 was given first reading as follows: ;; � AN ORD[NANCE DECLARWG IT NECESSARY TO IMPROVE THAT PART OF KENT � I) STREET, FROM THE TERMINATION OF EXISTING PAVEMENT IN WOODLAND HILIS '! Ij SUBDIVISION TO LEXINGTON AVENUE, APPROXIMATELY 450 FEET, IN THE CITY ( ! OF CAPE G[RARDEAU, MISSOURI I I Mr. Eggimann made a motion, seconded by Dr. Kasten, to approve the first reading of B[LL NO. 1 I 99-26. Mr. Gateley stated that this project has been delayed for years, and the city should require i the developer to fulfill his obligation to build this street. Mayor Spradling explai�ed that the city i has entered into a contract with the developer, and this ordic�ance allows the city to tax bill him for i his portion due under the agreement. If the ordinance is aot approved, the city will pay the endre � cost of the project. Mr. Neumeyer stated that nine years ago the residents wanted this street ! Ibecause there was only one exit to Woodland Hills. Now that there are three, the residents are ; i opposed to the street because of the increased traffic. The motion was upon the following vote: � �i Ayes, Eggimann, Gateley, Kasten, Purcell, Spradling, Stoffregen. Nays, Neumeyer. � I BILL NO. 99-29 was given first reading as follows: i� � AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE RELATINC TO � ZONING I I The first reading of B[LL NO. 99-29 was approved upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. {� B(LL NO. 99-28 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. �6� Regular Session February 1 �g 99 AN ORDINANCE ACCEPTWG A DRAINAGE EASEMENT FROM PERRY E. COOK AND j� BESSIE R. COOK, FOR THE IMPROVEMENT OF MISSOURI STREET FROM MISSISS(PPI i! STREET TO SCOTT STREET I i� The first reading of BILL NO. 99-28 was approved upon Mr. Gateley's motion, Mr. Purcell's i second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, I� Spradling, Stoffregen. Nays, none. � BILL NO. 99-32 was given first reading as follows: ;� jl AN ORD[NANCE LEVYING A SPECIAL ASSESSMENT FOR THE 97-1 4 WCH I! ASPHALT[C PAVEMENT PROGRAM, FOR THE [MPROVEMENT OF VINCENT AVENUE � FROM COUNTRY CLUB DRIVE TO TIMON WAY; FLINT HILL ROAD FROM BIG BEND i� ROAD NORTHWESTERLY TO A DEAD END; COUNTRY CLUB DRIVE FROM THE !� CLUB GATE SOUTHWARD TO A DEAD END; REDWOOD DRIVE FROM VISTA LANE ;i TO LEAR DRIVE; BEVIN DRIVE FROM WEST RODNEY WESTWARD TO A DEAD END; �' CEDAR LANE FROM CHARLES STREET NORTHWARD TO A DEAD END; AND RAND STREET FROM WATER STREET TO ROBERTS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR li � The first reading of BILL NO. 99-32 was approved upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. � Final payment to ASA Asphalt, Inc. was authorized for the 97-1 4" asphaltic pavement program ;; upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, i i Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. ;i �� BILL NO. 99-30 was presented as follows: �� I ;, I I A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT �; WITH NATGUN CORPORATION FOR THE CAPE ROCK WATER TREATMENT PLANT j� � EXPANSION AND ALLUVIAL WELL PROJECT ' The reading of BILL NO. 99-30 was approved and the resolution adopted upon Mr. Gateley's 'i j motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, �; I Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 99-30 is RESOLUTION '' NO. 1431. " I: i � i BILL NO. 99-31 was presented as follows: �� ! I A RESOLUTION AUTHORIZWG THE CITY MANAGER TO EXECUTE AN AGREEMENT �� j WITH SOUTHEAST MISSOURI STATE UNIVERSITY, FOR AN HISTORIC RESOURCE SURVEY OF THE WEST END/SUNSET HISTORIC D(STRICT i � The reading of B[LL NO. 99-31 was approved and the resolution adopted upon Mr. Gateley's j motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, ! Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. B[LL NO. 99-24 is RESOLUT[ON NO. 1432. Proceedings of the City Council, City of Cape Girardeau, Mo. 16g Regular SessiOn February 1 99 Mr. Mark Seesing was appointed to the Airport Advisory Board for a term expiring April 30, �i 2001, upon Mr. Gateley's moUon, Mr. Purcell's second, and the following vote: Ayes, Eggimann, ;i Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. I i ;I �I ;; Mr. James Banken and Ms. Deborah Beard were appointed to the Golf Course Advisory Board for � i terms expiring January 18, 2002, upon Mr. Stoffregen's motion, Mr. Gateley's second, and the �' following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. ( Nays, none. I i A retail liquor by the drink license for Rocky Brown and/or Debbie Dees (D&B, [nc.), d/b/a � Rocks Road House, 2100 Big Bend Road, Rocky Brown, Managing Officer, was conditionally approved upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, �� Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. jApproval of the amended preliminary plat of Vernon Rhodes Subdivision was tabled to the I j; February l6, 1999, City Council meeUng, upon Mr. Purcell's moUon, Mr. Eggimann's second, j 'i and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, ' �' Stoffregen. Nays, none. �i �j i� !; The improvements to the College/Henderson North CSO Sewer, SRF Loan C295229-01, 1994 �i I I sewer bond phase I were accepted, and final payment to Robinson Construction Company was ;� i! authorized upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, i' �� Eggimann, Gateley, Kasten, Neumeyer, Purcel(, Spradling, Stoffregen. Nays, none. � �; !� '; �I There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr. !i I I Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, �I Purcell, Spradling, Stoffregen. Nays, none. I� �I i ( �i I �I A. M. Spradling III, Mayor i I � � Gayle L. Conrad, Deputy City Clerk I I I� � � � �', I i i; (! i �, i I I � �'1 BCJAIZD O�' �D�T�J�TIl�IEN� 1d��1��J'�'ES C?TY rJr CAPE GIRARDEAU p. O. Box 617 Cane Girardeau, MO 63702-0617 November 9, 1998 To the Honorable Mayor an� Council of the City of Cape Crirardeau, Misso�ari Gentlemen: The Boar� of Adjustment met or. Thursday, November 5, 1998, to consider variance requests. By majority vote, actua? vote counted and in the file, the following action was taken on the variance request on the agen��: i l. The request of Cooper Oil Co�npany, Inc. to vary the yard regalatior.s to construct an I addition to the building which v��ill be 1 *oot or less from the property Ii?:� at 1301 Giboney Avenue be approved. The vote on t�:e request was unanimous. � Respectfully submitted Daniel E. Little Secretary Present: Inin, Little, Stuart, Tinton—Alternates: Buerck, Dow�y; �Iinto� Absent: Br�wne i � i � i � i � i � Cable TV Advisory Committee Meeting January 12, 1999 DRAFT Minutes Present: Jim Dufek Chairman Michael Maguire Dan Rau Roy Jones Susan Hekmat Rick Lambert Peter Hirschburg Tracey Glenn, Public Information Officer Absent: Steven Lee Bruce Mims Lloyd Williams Chad Borders Call to Order: The first order of business was to approve the October 1998 minutes. A motion to approve the minutes was made by Jim Dufek and seconded by Roy Jones. � The minutes were approved. ,' There was no November meeting or December meeting due to a lack of quorum for both months. � Tracey Glenn informed the committee of a meeting between the Cape Central High School (CHS) Cable Committee, consisting of Randie Fidler, William Biggerstaff, and Mark Kerr; and Michael G. Miller, Tracey Glenn, Eric Cunningham and Walter Denton. The purpose was to discuss the educational channel. April 17, 2000, an additional PEG channel will be allocated to the city. Central High School would like to manage this channel. The idea is to air high school events, which will promote the school. Further discussion centered on having 2 boards: one to oversee Channel 5 and one to oversee the new educational venture. It was discussed that the N Advisory committee oversee the school's board when it first begins. Additional discussion involved the satellite dish to possibly be donated to the City by I Rick Lambert. SEMO Satellite Service has given Jim Dufek an estimate of$2,000.00 equipment required to install the satellite. This equipment included a rotating motor I arm, pedestal, and remote control. This figure does not include labor. It also does not � include any type of automated programming equipment. � Jim Dufek said he would investigate free programs available from different satellite � services. Dan Rau and Jim Dufek will make a list available as to programming options. ,' Dan Rau raised the issue on who will decide the program features. Michael Maguire I said that ultimately, it is Tracey Glenn's decision on programming selections, but we, the N Advisory Committee, can make recommendations on programs. i � Further discussion involved conducting a survey of all programs on Channel 5 and "tag" onto the cable survey, which is stipulated in the franchise agreement. Falcon � customers are to be surveyed to see if the cable provider is meeting the needs of its customers. Tracey reported that Jackson is quite pleased with the message board. The Board congratulated Tracey for the fine job she is doing with Channel 5. At the next meeting, officers will be elected. Chairman Michael Maguire announced his resignation from the Cable N Advisory Committee. Our heartfelt thanks go to Michael for his endless work to improve the quality of our city. Having no other items for discussion, Michael Maguire made a motion to adjourn the meeting and Susan Hekmat seconded it. The next meeting will be February 9 at 6:00 P.M. in the chambers of City Council. � ,, � � ETHICS COMMISSION February 2, 1999 Minutes � The Ethics Commission met on January 27, 1999, to elect officers, with the following members present: Dennis Dobson, John Egbuka, Bo Shantz and Mark Slinkard. Kenneth Green and Stephen Stigers were absent. Due to a lack of quorum the meeting was not called to order. City Attorney Eric Cunningham distributed to the members in attendance the City of Cape Girardeau Advisory Boards and Commissions Handbook. City Manager Michael Miller thanked the members for their service to the Commission. The Commission agreed to meet again on February 2,1999. The Ethic Commission met again on February 2, 1999, with the following members present: Dennis Dobson, John Egbuka, Kenneth Green, Bo Shantz and Mark Slinkard. Stephen Stigers was absent. President Dobson called the meeting to order, and roll call was taken. The minutes of the January 27, 1998, meeting were approved upon Mr. Green's motion, Mr. Egbuka's second, and a unanimous vote. Following discussion regarding officers for the Commission, Mr. Green made a motion, seconded by Mr. Egbuka, that the present officers continue in their same position for the coming year. The officers are as follows: President, Dennis Dobson; Vice President, Stephen Stigers; 5ecretary, Bo Shantz. The motion was approved upon unanimous vote. Upon questioning by the Commission, Mr. Cunningha�n stated that no complaints have been filed with the � Commission. In addition, there is one qualified applicant for the position that is open on the Commission. The City Council will consider filling this vacancy at their February 16, 1999, meeting. There being no further business, the Commission adjourned upon Mr. Shantz's motion, Mr. 5linkard's second, and a unanimous vote. Submitted by: Gayle onrad, Deputy City Clerk j i � , CAPE GIRARDEAU PARKS AND RECREATION DEPARTMETN � JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING JANUARY 28, 1999 The Cape Girazdeau Municipal Golf Course Advisory Board met at the A.C. Brase Arena Fairboard Conference Room on Thursday,January 28, 1999 at 12 noon. Present: Staff Present Caryn Michel,Chairman Dan Muser,Director of Parks&Recreation Mike Leimer,Vice-Chauman Sabrina Tate,Recreation Coordinator/Pro Shop Deborah Beazd,Secretary Marcia Stone,Administrative Secretary Mike Hopen,Boazd Member Ron Carlton,Board Member Tom Higgins,Board Member James Banken,Board Member Ed Kaiser,Board Member Absent: Tom Meyer,Board Member Chairperson Caryn Michel open the meeting of the Golf Course Advisory Board. APPROVAL OF MINUTES l� 7 The approval of the December 17, 1998 minutes was made with a motion from Mike Hopen and second from James Banlcen. Motion passed. OLD BUSINESS A. Mini Tournaments—Pass Holders The boazd continued their discussion from last month's meeting regarding pass holders paying greens fee when playing in mini tournaments. Recreation Coordinator/Pro Shop Sabrina Tate reported that 25-30%of mini tournament players are pass holders. Debbie Beazd made a motion,seconded by Mike Hopen that pass holders would not be allowed to use their pass while participating in mini tournaments or closed course tournaments. Mike Leimer amended the motion,charging the organization for the amount of greens fees equal to the number of entrants participating in the tournament they aze reserving. Organization would be accountable for all golfers involved in tournaments effective January 1,2000. Tom Higgins seconded the amendment. Motion passed. Notice will be sent out to all past mini tournament organization representatives on the policy change for next year. B. Maintenance Building The maintenance crew aze starting on the new maintenance building and the chain link fence is in and ready to be installed. � � � JAYCEE MUNICIPAL GOLF COURSE ADVISORY BOARD MEETING JANUARY 28, 1999 PAGE 2 NEW BUSINESS A. W.L.Jennings' Request Director Dan Muser reported that Golf Patron Mr. W.L.Jennings requested permission to use his ATV with golf tires as a golf cart at our course. The general consensus of the boazd members expressed that they did not want to allow any additional types of motorized vehicles in place of golf carts to be used on the course. REPORTS A. Policies and Procedures No report. B. Planning and Development No report. C. Advertisement and Promotions No report. � D. Golf Course Development No report. OTHER BUSINESSS A. USGWA Handicap Boazd Member James Banken presented,from the United States Golf Women's Association,the o�cial handicap slope and rating for the front and back nine holes to Sabrina Tate. � I T'here being no fwther business,the meeting was adjoumed with a motion from Ed Kaiser and second by Mike Leimer. Motion passed. Respectfully submitted, Marcia Stone Administrative Secretary �