HomeMy Public PortalAbout20130822 PW&P PacketMINUTES
JEFFERSON CITY
PUBLIC WORKS AND PLANNING COMMITTEE
Boone/Bancroft Room
Committee Members Present:
Bob Scrivner, Chairman
Ralph Bray
*Carrie Carroll, Vice-Chair
Jim Branch
*arrived late/left early
Committee Members Absent
Shawn Schulte
Staff Present:
John G. Christy Municipal Building
320 East McCarty Street
July 18, 2013
Matt Morasch, PE, Interim Director of Public Works
Britt Smith, PE, Operations Division Director
David Bange, PE, Engineering Supervisor
Ron Craft, Airport Supervisor
Janice McMillan, Director of Planning and Protective Services
Bill Lockwood, Parks, Recreation and Forestry Director
Jeremy Cover, Associate City Counselor
Drew Hilpert, City Counselor
Brenda Wunderlich, Administrative Assistant
Attendance
4 of4
4 of4
4 of4
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2 of4
Chairman Scrivner called the meeting to order at 7:30a.m. A quorum was present at this
time. The following guests were present: Representing the JC Hangar Association: Duane
Schreimann and Steve Howell; Grant Shorthose, JC Flying Service; Representing Citizens for
JeffTran: Paul VanHorn, Vicki Schildmeyer and E. Wayne Lee. Also, Glover W. Brown, Arthur
H. Brown, and A.E. Smallen, Mission Drive issue; Sheila Gassner, Lincoln University; Mark
Mehmert, JC Chamber of Commerce; Jim Wisch, Old Town, and Madeleine Leroux, News
Tribune.
1) Introductions
Those present introduced themselves.
2) Approval of the June 20, 2013 Committee meeting minutes
Councilman Bray moved and Councilman Branch seconded to approve the June 20,
2013 minutes, motion carried. Councilwoman Carroll was absent for this vote.
3) Citizen opportunity to address Council/Staff on Stormwater and Other Public
Works Issues
There was no one present to speak on this item.
4) Old Business
1. Jefferson City Hangar Association Ground Lease Renewal (Bitt Smith)
Minutes/Jefferson City Public Works and Planning Committee
July 18, 2013
Mr. Smith explained the original lease agreement and the standardized rate schedule
approved by the City Council.
*Carrie Carroll arrived at this time (7:40 a.m.)
There was discussion among Committee members, staff and those present regarding
current and proposed lease rates, improvements, and access to the area.
Mr. Schreimann distributed copies of the old and new (proposed) Jefferson City Hangar
Association leases to Committee members.
Committee members tabled this item to their August meeting in order to review the
information received.
2. Chestnut Parking and Traffic Issues at Lincoln University (Britt Smith)
Mr. Smith explained staff proposes a gated closure for part of the day to take care of
vehicle traffic.
There was discussion among Committee members, staff and those present regarding
the hours the street would be closed.
Councilwoman Carroll moved and Councilman Scrivner seconded to allow a gated
closure at the top of Chestnut Street.
2
Mr. Hilpert explained Mayor Struemph has been in discussions with Dr. Rome, President
of Lincoln University regarding vacating Chestnut Street.
Councilman Scrivner withdrew his second. Councilwoman Carroll's motion died for a
lack of second.
3. Development Agreement with the Brown Family-Mission Drive (Drew
Hilpert)
Mr. Hilpert explained the revised memo of understanding to the Committee.
There was discussion among Committee members, staff and those present regarding
the City receiving land, committing future funds, possible joint City/County project, and
development of the area,
Councilman Branch moved and Councilwoman Carroll seconded to refer the
memorandum of understanding to the City Council with recommendation to approve, motion
carried with the following votes:
Aye: Branch, Bray, Carroll
Nay Scrivner
Chairman Scrivner requested Item 4.4. Revision to Forestry Article in the City Code be
moved to the end of the agenda.
5) New Business
1. Striping Plan for Edgewood and Stadium (David Bange)
Minutes/Jefferson City Public Works and Planning Committee
July 18, 2013
Mr. Morasch explained the overlay should be completed today and staff would like to
begin the striping changes at this time.
Councilwoman Carroll moved and Councilman Branch seconded to approve the striping
plan for Edgewood and Stadium as proposed by staff, motion carried.
2. Discussion of Neighborhood Reinvestment and Fa~ade Programs (Janice
McMillan)
Ms. McMillan gave an overview of upcoming revisions to Chapter 25 and the need to
codify all of the Old Town/Neighborhood Reinvestment Act ordinances and the CDBG program
policies into the City Code.
Ms. McMillan explained the ordinance changes will be presented at a future meeting.
6) Other Topics
1) Planning & Protective Services Monthly Reports
Ms. McMillan referred Committee members to the report included in their packet.
2) Engineering Capital Improvement Program Update
Mr. Morasch referred Committee members to the update included in their packet.
4) Old Business
4. Revision to Forestry Article in the City Code (Bill Lockwood/Drew Hilpert)
Mr. Lockwood explained the revisions which would shift the responsibility of trees in the
right-of-way back to the property owner.
There was discussion among Committee members and staff regarding lack of funding,
burden to code enforcement, and potential safety issues to the public.
**Councilwoman Carroll left the meeting at this time (9:35a.m.).
7) Adjourn
Councilman Bray moved and Councilman Branch seconded to adjourn the meeting at
this time (9:37 a.m.), motion carried. Councilwoman Carroll was absent for this vote.
3
APPLICATION FOR PERMISSIVE USE OF CITY PROPERTY AND/OR RIGHT-OF-WAY
PUBLIC WORKS & PLANNING COMMITTEE
City of Jefferson -Department of Public Works
320 East McCarty Street, Jefferson City, Missouri 65101
Phone (573) 634-6410 Fax (573) 634-6562
The undersigned hereby request a permissive use of City property and/or right-of-way adjacent to the
following described real estate: '1f
/J:tJv{;;. €:;tr~ add~ .fu.. req<Mstl
This property is currently zoned. ____ _
Presentuseofproperty _____________________________________________________ ___
Des ribe exactly what is being requested and the purR se of the request:
w&
(Attach drawing, plan, etc. if applicable)
The undersigned understands that if this application is approved by both the Public Works & Planning
Committee and the Council, the use is a permissive use subject to termination by the City at any time,
and the undersigned certify that they own the above described property.
Date: __ 7"----..;;._;(-=3::;..._-_/3=---
PropertyOwne~~S~n~ure~)·~~~~~~~~~~~~~~~~~~~~~~~
Printed Name of Property Owner(s)__::::::::U£..:2::~i--Jo....:!io....b:!I::~~~:5:::S,L~::...._ ________ _
Address of Property Owner( s ). __ --L...=.:~"--.c::sO!.o.,;l,;~"""""'..;,......J~~-L£...Jo,;..j~___.,----~'-'-'~........L...:....:=..;-:a..::::::.-+-
Phone Number(s)_.......:....S:=:...'7-f-l.=3,.)..:.-__..,~(1\--____,~q~6t.....Y:.~...:S:...::...._ ___________ _
Name of Applicant (if different from property owner)_.::::d=· ~::::::...~L=--:::...At=;~~~.+-...L.:.~~!D:!~~~
(FOR CITY USE ONLY)
ACTION BY THE PUBLIC WORKS & PLANNING COMMITTEE
[]Approved
[ ] Approved with Conditions
[ ] Disapproved
Permissive Use ROW Revised March 2012
Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative fonnats
as required under the Americans with Disabilities Act. Please allow three business days to process the request.
Si~n Type M2
-DOUBLE-FACE, ILLUMINATED MONUMENT
-ALL COPY TO BE WHITE
-FACE BACKGROUND TO BE
PANTONE 5535 EJ GREEN
-RULE LINES TO BE PANTONE 371 EJ LT. GREEN
-CABINET PTM PANTONE 5535 EJ GREEN
T
I
T~---~ +~--~ +~--~
1'-3"
7 3/4"
2'-6"
ELECTRI CAL
LAMPS (4) F60T12-GW-HO
BALLAST EB65
AMPS 2.35
WATIS 279
VA 120 VOLTS
CIRCU ITS 1-15 AMP
~.------pj00$e"";;g;,"i;;;ii;,;;"dla;;j,"'ii$i0fAsTSiGii5----1 *DRAWING IS NOT TO SCALE BUT IS PROPORTIONATE*
I • · · Signature below indicates approval of BOTH design & placement of sign /s 1
I . . . X DATE 1 FIELD VERIFY ALL MEASUREMENTS BEFORE BEGINNING ANY WORK.
l! ____ -------------J INSTALLER TO VERIFY MOUNTING SURFACE PRIOR TO INSTALLATION.
FASTSIGNS
NATIONAL AC:COllNl'S
ACCOUr-rt:
EDWARD JONES
BAANCH I ALE·
11933·ART2
Flt<WK:IAJ. ADYISOR:
ADDRESS:
1003 E McCarty Street
Jefferson City, MO
ORIGIIW DRA\\ING """'' 06/25/13
DRA2~f3SER: I SCALE'
NTS
REV. #1 BY: I REV: DArE
REVISION NOTES:
REV. #211Y: I REY.DAJ'E
REVISION NOTES:
iEv. #38'1':: I REV.CWE
REVISION NOTES :
DAAWNev: B. Bu55e
R£111S{01'r.
THIS DRAWING IS THE
PROPERTY OF FASTSIGNS
INTE RNATIONAL, INC.
THE BORROWER AGREES, IT
SHALL NOT BE REPRODUCED,
COPIED OR DISPOSED OF,
DIRECTLY OR INDIRECTLY, NOR
USED FOR ANY PURPOSE
WITHOUT PERMISSION.
**INSTALLER TO SCHEDULE INSTALL WI COREY LUETKEMEYER (573) 619-9645**
~----5'-1':_' ------.1
D/F MONUMENT SIGN
1'·57/16"
t--
615/16"
5' -1 " 41tl6·
i=
2'-0"
43/16" -;--
47~
Sign Type M2
-QTY.1
-DOUBLE FACE ILLUMINATED MONUMENT
-ALL COPY TO BE WHITE
-FACE BACKGROUND TO BE PANTONE 5535 EJ GREEN
-RULE LINES TO BE PANTON E 371 EJ LT. GREEN
-CAB INET PTM PANTONE 5535 EJ GREEN
SURVEY REQUIRED PRIOR TO INSTALLATION ,
PER GROUND (SLOPE) CONDITIONS
~u------plea7e$;9n&;b;,;;d0,;;ingJ;iOfASiSi"Gii5----}DRAWING IS NOT TO SCALE BUT IS PROPORTIO NATE•
I • · · Signature below indicates approval of BOTH design & placement of sign /s 1
I . . . X DATE 1 FIELD VERIFY ALL MEASUREMENTS BEFORE BEGINNING ANY WORK.
I.!____ -----------J INSTALLER TO VERIFY MOUNTING SURFACE PRIOR TO INSTALLATION .
..
FASTSIGNS
NATIONAL ACCOUNTS
ACCOUNT:
EDWARD .JONES
BRAHCHtrn,
11933·ART1
fltW'o!CIAI. ADVISOft
ADDRESS:
1003 E McCarty Street
Jefferson City, MO
O<,G<NAl OAAW1NG "'"'' 06/25/13
DAA~/3SER: I SCAlE•
NTS
RfY.I'lBY: I REV. DAn:
REVISION NOTES:
~.#2 8Y: I REV. DAn
IIEVlSIONNOTES:
Rf'l#3BY: I REY.OIJ'E
REWION NOTES:
DRA.WNIY: B. Busse
RF.W:DIY:
THIS DRAWING IS THE
PROPERTY OF FASTSIGNS
INTERNATIONAL, INC .
THE BORROWER AGREES, IT
SHALL NOT BE REPRODUCED,
COPIED OR DISPOSED OF,
DIRECTLY OR INDIRECTLY, NOR
USED FOR ANY PURPOSE
W ITHOUT PERMISSION.
3 2
NOTE:
1. DUAL-S IDE D S IGN HEIGH T NOT TO OBSTRUCT
V IEW O F EAGLE. S IGN TO INCLUDE NAME OF
PARK AN D IMPROVEMENTS BY EAST SIDE
BUS INESS ASSOC IATION .
2 . FOOTPATH IS 3FT WIDE AND TOTALS 783 SQ FT .
3. COMMEMORAT IVE BR ICKS MAY BE INSTALLED
TO ACKNOWLE DGE IND IVIDUAL DONATIONS . MONUMENT DETAIL
N.T .S .
MOUNT BR ONZE ATTACK ING EAGLE TO FACE
HIGH ST . & McCARTY ST . INTERSECTION
REM OU NT EX ISTING BICE NTENNIAL PLAQ UE AND
MOUNT EAST SIDE BUSINESS ASSOCIATION
IMPROVEMENT ACKNOWLEDGEMENT PLAQUE
MASONRY FIN ISH (TO BE DETERMINED) r::::,--1"
CONCRETE BASE o~~t ' \
1 1\9 1\~
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L • •
Janice McMillan
Public Works and Planning Committee
City of Jefferson
jmcmillan@.jeffcitymo.org
Janice:
August I, 2013
River City Habitat for Humanity is beginning its I 0111 year of recycling aluminum cans in Jefferson City as
a fund raiser to help build homes.
Over the last I 0 years , the Aluminum Can Recycling Committee has collected and recycled over 137 ,000
pounds of cans. That's 5.3 million cans by our estimation. Their efforts have funded the Habitat for
Humanity home purchased by LaTrise Wilson at 815 Montana Street, and soon will have enough funds to
sponsor another Habitat house.
We now have available one of our can cottages, see picture below. We would like to request that we be
able to place the can cottage at 2284 Hyde Park Rd. Our thoughts would be near the Ripple Glass bin
possibly just off the turn-around concrete pad on the grass. Each Wednesday our truck goes to can
cottages to pickup what has been donated on a schedule that accommodates the volume.
[n addition , there has been some discussion in regards to the cottage on High Street by the Convention
and Visitors Bureau. We have had a request to move it. The most likely move would be to McCarty
Street, across from the Red Cross, where other recycling bins are currently staged.
We understand both of these requests would need to be brought to the Public Works and Planning
Committee for their August meeting. Thank you for your consideration. We look forward to hearing
from you.
Sincerely,
Kelly Smith , Executive Director
River City Habitat for Humanity ..... ---
Department of Public Works Memorandum
320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6562 • www.jeffcitymo.org
Date:
To:
From:
Subject:
July 17, 2013
Public Works and Planning Committee
Britt E. Smith, P.E. Operation Division Director~
Jefferson City South Hangar Association Ground Lease
As the Committee may be aware, due to FAA regulations the City owns all the property at the
airport. However, various tenants lease the property to build privately owned building for the
use as hangars. This is done thru the use of agreements termed as "ground leases".
The Jefferson City Hangar Association, Inc. (JCHA), a group of private pilots, has been one of
these tenants since 1993. Their original lease was a 5 year lease with 5 five year renewals for
a total of 30 years. This lease agreement did not provide for any increase in the lease rate
with the exception of a statement " .... rental rates and charges at the end of the original term
and each option shall be renegotiated." During the first 20 years of that lease no increases in
the rate was enacted.
A previous Council determined that a more standardized system of lease rates and increases
would be in the interest of the City. That rate scheduled is attached. Since its enactment staff
has been working with tenants to "convert" their leases to incorporate the new rate schedule.
In an effort complete this task; our legal department notified the JCHA of our intent to not
renew the original lease agreement at the conclusion of the 20th year (December of 2012).
Since that time we have been in negotiations with the group.
As you will note the lease rate schedule requires a charge of $0.2163 per square foot in 2013
and increases at a rate of 3% per year. The JCHA original lease set the rate of $0.14 per
square foot and has not increase since 1993.
This has been further complicated by the fact that JCHA original lease was written based on a
square footage which only included the area of the building itself. Other leases at the airport
generally include accessory areas around the building for parking and other uses. In an
attempt to standardize the approach staff proposed increasing the area to include the area
within the taxiway surrounding the hangar. The attached drawing shows both the original and
the proposed.
U:\Public Works\Operations\bsmith\PWandP\Memo to PW on South Hangar Ground Lease.docx
These two factors, increase in lease rate per square foot and increase in lease area, equated
into a very large increase in the new lease rate. The JCHA did not accept these increased
terms.
Recently our Airport Manager, Ron Craft, began researching this issued in an effort to
determine if a more standardized method could be found to determine the limits of the lease
area. In working with MoDOT Aviation staff, Ron was able to determine that FAA regulations
define an around taxiways termed as "Object Free Zone" (OFZ). Airport sponsors (in this case
the City of Jefferson) are required to keep these areas free of objects which could cause
damage to taxiing aircraft. Our analysis, leads staff to believe that we cannot lease any part of
the OFZ to another entity. MoDOT staff concurs with our interpretation. In the case of the
south hangar, the OFZ extends to the face of the hangar building on the north, west, and south
sides of the building.
The attached drawing shows the new lease area which staff recommends. This new proposed
boundary encompasses 14,310 square feet.
The final attachment included, shows the yearly lease rate calculated using the council
approved lease rate. Also, included in the table is the lease rate proposed by the JCHA.
cc: Writers File
Attachments
U:\Public Works\Operations\bsmith\PWandP\Memo to PW on South Hangar Ground Lease.docx
Exhibit A
Established Base Amount
Rates
Year Base Amount
2012 $0.2100
2013 $0.2163
2014 $0.2228
2015 $0.2295
2016 $0.2364
2017 $0.2434
2018 $0.2508
2019 $0.2583
2020 $0.2660
2021 $0.2740
2022 $0.2822
2023 $0.2907
2024 $0.2994
2025 $0.3084
2026 $0.3176
2027 $0.3272
2028 $0.3370
2029 $0.3471
2030 $0.3575
2031 $0.3682
2032 $0.3793
2033 $0.3907
2034 $0.4024
2035 $0.4145
2036 $0.4269
2037 $0.4397
2038 $0.4529
2039 $0.4665
2040 $0.4805
South Hangar Ground Lease
Original Lease Area Comparison
South Hangar Ground Lease
Staff Recommend Lease Area
1 I 0 ~
aJ
"' ra
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
$6,000
$5,000
$4,000
~ > $3,000 -.:: ra
aJ >
$2,000
$1,000
$-
2013
2014
2015
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
South Hangar Lease Agreement
Rate Analysis
Ground Lease SF: 14,310
Approved Standard Potential Yearly Proposed Yearly
Lease Rate Lease Lease
$0.2 163 $ 3,095 .25 $3,000.00
$0.2228 $ 3,188.27 $3,000 .00
$0.2295 $ 3,284 .15 $3,000.00
$0.2364 $ 3,382 .88 $3,000.00
$0.2434 $ 3,483.05 $3,000.00
$0 .2508 $ 3,588.95 $3,300.00
$0.2583 $ 3,696.27 $3 ,300.00
$0.2660 $ 3,806.46 $3,300 .00
$0.2740 $ 3,920 .94 $3,300 .00
$0.2822 $ 4,038.28 $3,300 .00
$0.2907 $ 4,159.92 $3,630 .00
$0.2994 $ 4,284.41 $3,630 .00
$0.3084 $ 4 ,413 .20 $3,630 .00
$0.3176 $ 4,544 .86 $3,630 .00
$0 .3272 $ 4,682 .23 $3,630.00
$0 .3370 $ 4,822.47 $3,993.00
$0.3471 $ 4,967.00 $3 ,993 .00
$0.3575 $ 5,115 .83 $3,993.00
$0.3682 $ 5,268.94 $3,993 .00
$0 .3793 $ 5 ,427.78 $3 ,993.00
$ 83,171.15 $69,615 .00
South Hangar Rate Analysis
ARTICLE II. FORESTRY COMMISSION
Sec. 23-11.. Establishment and Designation of a City Forestry Commission.
There is hereby established a City Forestry Commission (hereinafter "Forestry Commission").
The Parks and Recreation Commission of the City of Jefferson, Missouri, in addition to other duties
and responsibilities, is hereby designated as the Forestry Commission for the City of Jefferson, Missouri.
Sec. 23-12. Functions Generally.
,r,. Ti=le !=ores try CommissioA sl=lall l:iave res130F1silolilil?!' tar implemeFltatieF1 ef tl:ie ~loA Pari( Tree
PlaAtiAg PlaF1 1 a13weveel loly tl::le CebiAEil as wevieleel in ~ectien 7 17 ef the CeGie ef the Cit>; ef
JefferseF1, iR aeeorelaRee witl:i reeogAized hertintlt~ral, arberiwltural and ferestrv standards a Ad withiF1
ebldgetary eeRstraiAts.
8-.8, The Non-Park Tree Planting Plan approved by the Council and ti1e Park Tree Plan
approved by the Forestry Commission shall together constitute the Comprehensive Tree Plan for the
f.cGity. Such plans will be incorporated ·in the annual capital and operating budgets requests for streets,
parking lots, public grounds and the park system presented to the Council for approval.
~ . .!!:Subject to other provisions of this article and the Code of the City of Jefferson, the Forestry
Commission .. shall undertake any action., or program, and may formulate, adopt, and enforce rules
and regulations it finds advisable or necessary for the care, preservation, pruning, planting, removal
and replanting of trees and shrubs and other landscaping; establish standards for
distances, clearances and species in parks, along street rights-of-way, and in public parking lots~within
the Downtown Beautification Dl:,t\:iLS.:.
Sec. 23-13. Definitions.
City forester. The employee of the Parks and Recreation Commission so designated -by the
director to administer the city's forestry program.
Park Tree Plan. The plan adopted by the Parks and Recreation Commission, as a part of its
duties to study, investigate, develop, update and administer plans for the care, preservation, pruning,
planting, replanting, removal or the disposition of trees and shrubs in park~. greenways and public
grounds maintained by the Parks and Recreation Commission in accordance
with recognized horticultural, arboricultural and forestry standards.
Park trees. Trees, shrubs, bushes, and all other woody vegetation in public parks, grounds
and green ways owned, controlled or maintained
and Recreation Commission of the t;-sity.
the Parks
Private community trees. All other trees within municipal boundaries not included in the
definition of -park trees, f!.ty_street trees, or public parking lot trees.
Q!y §~treet trees and public parking lot trees. Trees, shrubs, bushes, and all other woody
vegetation located on land within the right-of-way of all streets, avenues, and public parking lots within
the Downtown Beautification District "'~'f which were planted by the (sity as part of a public project
and which are confined within sidewalk tree wells/pits and tree lawns .. with the exception of those
trees and shrubs planted and maintained by the State of Missouri on or abutting state grounds and
facilities or by agreement with the City.
IQ.QQin& Topping, rounding-off, or pollarding means a systematic cutting back of limbs within
the tree's crown to such a degree as to remove the normal canopy and disfigure the tree.
Tree lawn. That part of a street or highway7 right-of-way not covered by sidewalk or other
paving, lying between the property line and that portion of the street or highway usually used for
vehicular traffic and includes unpaved islands and medians between surfaces usually used for
vehicular traffic.
Sec. 23-14. Designation of Director of Forestry.
A. The Director of the Parks and Recreation Commission shall also serve as Director of the
Forestry Commission and is charged with responsibility for carrying out the policy directives of the
Forestry Commission. The Director of the Forestry Commission shall hire such qualified forestry staff as
necessary and delegate to them such duties as deemed appropriate and shall designate a "city forester"
within the organizational structure of the Department of Parks and Recreation.
Sec. 23-15. Duties of City Forester.
A. Under the supervision of the Director of the Forestry Commission, it shall be the duty of
the city forester to see that all statutes and ordinances for the planting and protection of trees within
the Downtown Beautification District are strictly enforced; to direct the time and method of
planting and maintaining city street trees within the Downtown Beautification District all trees in the
streets an9 f3~191ic 19laces of the city, to consult with the Council, the Environmental Quality Commission,
other city departments, the Forestry Commission and property owners regarding the kind of trees
and method of planting deemed desirable on particular streets within the Downtown Beautification
District: to report to the FerestF'r' Ceffiffiissien Q!Y whenever trees have died or need attention,
in oreer tl:lat tl:ie ~erestry Ceffiffiission ffia'l' care for SIKh trees or cause tl:le saffie to be rej9laced,
and to perform such other duties relating to his office as rnay be prescribed from tirne to time by the
Director of the Forestry Commission.
B. All planting, cutting, trimming, and pruning of trees within the Downtown
Beautification District shall be under the supervision of the city forester. It shall be unlawful to plant,
cut, trim, top, prune, or otherwise disturb any tree or shrub in street rights-of-way or public property of
the ~<&ity1 within the Downtown Beautification District, or cause such acts to be done by others,
without first obtaining a written permit from the city forester. The city forester shall have authority to
issue and deny permits for the planting, care and removal of trees as provided for in this ordinance. The
city forester shall issue the permit if the desired work is necessary and the proposed method and
workmanship are of a satisfactory -nature.; provided that a permit will not be required for the
trimming or maintaining of shrubbery growing on any streets rights-of-way for the purpose of
maintaining proper clearance. The Forestry Commission may establish fees for such permits as may be
reasonable to recover the cost of issuance and inspection and may require compensatory payments for
the removal and replacement of trees.
c. Any person aggrieved by the decision of the city forester to deny a permit may appeal
to the Director of the Forestry Commission whose decisions may be appealed to the Forestry
Commission which shall have final authority.
Sec. 23-16. Funding and OperatieRs Responsibility.
8:. The Parks and Recreation Commission has the responsibility to fund the care of
park trees as a part of its normal park system maintenance and operations duties. U.'"-~i<:!l.t.i.t:in1:'ll.'2Ik
tr.s;.<.;.~,.-~;;:.he Forestry Commission, utilizing ''Farks
and f:Yecreation ~P!!J.£i:li.?.5.!.Q.!J.··f.!mp~9'fi'~f.fr·i.lPf.1+•<iHipmew.', will also be responsible for the care
and maintenance of J::Gity street trees and public parking lot trees located in sidewalk tree wells/pits
and tree lawns within the Downtown Beautification District. f!JJ1.9DLLl<Ltl.lr" . .!'l!.'.t.filll.<1.!lE.?Lf?cl uti!i};jlJil
specific funds allocated >NitA 36id'ti01Hi ~di;v.;,.··">·oi>rlf-i''•Yi<i~ by the Council. Requests for such
funding ·Shall be clearly distinguished from~ .!!Jrl general fund operating subsidy for th.<f:'.r:arks
and fl.recreation Cornro§.?J\?.Q.and shall be accounted for in such way as to accurately propose the cost
of m street tree and public parking lot tree care.
Absent a si,JecifiJ;.J!.!lZi!ti9f'..i:l..'f. .. UJ..sJJt;h; general fund·:Qf.P.i)..LK\D.KWJ:I.s\. the Parks and
Recreation Commission shall have no responsibilitv for trees tt:?!O!f{;C'.12.Ui<?.f.i''f!.\'U!5E£r.h.~L~§2,
.f:l:, ................ Outside qf. the Downtown Beautificaton District the Department of Public Works and •
Department of Planning and Protective Services shall be responsible for tree planting, maintenance,
removal. regulation. and code enforcement in street rights-of-way in accordance with the provisions
of Chapter 21 of the Citv Code, but may consult with the cGity l~<orester to implement sound urban
forestrv practices.
C. The cost of repair or replacement of any !:fity street tree 9Ill.t\Y?t.>:.: .. .<!.m.I.D.!,!!:!liY..!.t!,;.S
1.QS?Jf,_d in righJs-of.way within the Downtown Beautification District damaged or removed as a result
of anv work or improvement undertaken by the adjacent property owner shall be the responsibility of
the property owner. Any ~!!~h. tree removed in the Downtown Beautification District shall be replaced
in accord with the Non-Park Tree Planting Plan as provided by this Section and Section 7-17 of the
Code of the Citv of Jefferson. Adjacent property owners may elect to maintain f:(;ity street trees at
their own expense upon agreement with the ~:c;:.i1'l_fJ::orester.
D. Any private community tree located between the property line and the curb shall be
the responsibility of the adjacent propertv owner to maintain in the same manner as trees located on
private property as defined in this ~.J?ection.
Sec. 23-17. Removal of Dead, Dangerous, Damaged, or Diseased Trees.
The Forestry Commission shall have the right to cause the pruning, maintenance, and/or
removal of trees, plants and shrubs on public or private property within the Downtown Beautification
District of the £;city when such trees, plants or shrubs constitute a hazard to life and property, or harbor
insects or disease which constitute a potential threat to other trees within the ::.:ity. The city forester
shall have the authority to follow the abatement procedures under the nuisance section of the code.
Sec. 23-18. Public Education and Training.
The Forestry Commission may from time to time offer consultation, training, and education
programs to homeowners, businesses, utilities, other public agencies, and tree service companies
regarding proper selection, planting, care, pruning, and removal of trees and shrubs to protect
and enhance the value of the urban forest in Jefferson City.
Sec. 23-19. Interference with the Forestry Commission.
A. It shall be unlawful for any person to prevent, delay, or interfere with the Forestry
Commission or any of its agents while engaging in and about the planting, cultivating, mulching, pruning,
spraying, or removing ·Of any park tree, city grounds tree, street tree, public parking lot tree, or trees
on private grounds, as authorized in this ordinance.
B. It shall be unlawful for any person to prevent, delay, or interfere with access to private
property by the Forestry Commission or its representative in the legal performance of any section of this
ordinance.
Sec. 23-20. Penalty.
Any person violating any provision of this ordinance shall be subject to, in addition to any other
penalties, the penalty as provided for the abatement of a nuisance. In addition, if as a result of the
violation of any provision ·Of this ordinance, the injury, mutilation, or death of any park tree, city
grounds tree, street tree or public parking lot tree is caused, the cost of repair or replacement of such
tree or shrub shall be borne by the party in violation. The replacement value of trees and shrubs shall be
determined in accordance with accepted arboricultural standards.
Cross References-City Charter; Article VI; Chapter l, General Provisions, sec. 1-13;
Chapter 21, Nuisances, sec. 21-36, 21-43.
Development Agreement
THIS AGREEMENT (hereinafter AAgreement®) entered into this __ day of ,
2013 by and between the City of Jefferson, Missouri, 320 East McCarty, Jefferson City Missouri,
65101, a municipal corporation, hereinafter referred to as ACity,® and Jefferson City School
District, hereinafter referred to as the ASchool.®
WITNESSETH:
WHEREAS, the City may enter into agreements from time to time to ensure the orderly
development of property in and around the City; and
WHEREAS, the City and School have entered into a series of meetings and negotiations
in order to advance their mutual interest; and
WHEREAS, the School is the owner of the real property identified on exhibit A (hereafter
"the property") and School desires to plan for future infrastructure upon said property; and
NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter
set forth, and other good and valuable consideration, the City and School do hereby covenant and
agree as follows:
1. SCHOOL OBLIGATIONS
School agrees to:
a. Construct all of the development according to City standards and codes (including
all building codes adopted by the City and the Storm Water code) and pay one-half
(Yz) the cost of all applicable inspection and construction fees which would be
applicable to commercial construction.
b. Dedicate sufficient right of way, at no cost to the City, for the future construction of
Stoneridge Parkway as proposed on Exhibit B, attached herewith and made a part
of this agreement. The actual location of the dedication shall be determined by the
final roadway design approved by the City Engineer and agreed to by the School.
c. Dedicate sufficient right of way for the completion of the Frog Hollow Road
alignment as proposed in exhibit B. The actual location of the dedication shall be
determined by the final roadway design approved by the City Engineer and agreed
to by the School.
2. CITY OBLIGATIONS
The City will:
a. Provide inspection of all roadway improvements.
b. Provide inspection for compliance with city code and all building codes adopted by
the City including but not limited to the Storm Water Code.
c. Waive any requirement of the School to construct Stoneridge Parkway or any other
connection to Schepkers Blvd (as identified on Exhibit B) or Stadium Blvd.
d. Vacate existing Frog Hollow Road which is not needed for alignment.
e. The City Council shall give consideration to the construction ofStoneridge Parkway
out of available Sales Tax E funds and/or inclusion as a proposed project in Sales
Tax G.
f. Allow reasonable access to the School's property from Mission Drive.
3. GENERAL PROVISIONS:
a. The parties acknowledge and agree that the School=s agreement to perform and
abide by the covenants and obligations of School set forth herein is material
consideration for City=s agreement to perform and abide by the covenants and
obligations of the City set forth herein.
b. This agreement shall not be binding on either party until after the agreement has
been approved by passage of an ordinance by the City Council and the signature of
the Mayor has been affixed and the School Board has approved the agreement and
has been signed by the Superintendent.
4. CONTINUATION OF OBLIGATIONS"'
The provisions of this agreement shall be binding on the parties= agents, assigns, and
successors in interest, provided however that nothing in this paragraph shall be construed
as requiring a successor in interest to less than the full property to perform any work or
fulfill any obligation except those which apply to the parcel that such successor owns.
5. MODIFICATION OF AGREEMENT
This Agreement shall not be modified or amended except by a written instrument approved
and signed by the parties hereto.
6. SEVERABILITY.
Any illegal or unenforceable provision of this Agreement will be severed here from and
will not render invalid the remaining provisions of this Agreement.
7. LAWTOGOVERN.
This agreement shall be construed according to laws of the State of Missouri. The School
shall comply with all local, state, and federal laws and regulations relating to the
performance of the agreement.
8. NOTICES.
Any communications between the City and the School, payments and notices provided
herein to the given or made, may be given or made by mailing the same to the City at 320
East McCarty, Jefferson City, Missouri 65101 and to the School at 315 East Dunklin Street
Jefferson City; Missouri 65109, or to such other addresses as either party may in writing
hereafter indicate.
IN WITNESS WHEREOF, the parties have hereto set their hands and seals the last date written
above.
CITY OF JEFFERSON JEFFERSON CITY SCHOOL DISTRICT
City Administrator Superintendent
ATTEST: ATTEST:
City Clerk Title:
APPROVED AS TO FORM:
City Counselor
Exhibit A
Jefferson City School District Property
Legend
----·+ ~ School District Property
0' 200' <400' !100' ----.r
DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES
MEMORANDUM
TO: Public Works and Planning Committee
FROM: Janice McMillan, Director of Planning and Protective Services
DATE: August 19, 2013
RE: Item #7, Consolidation of Old Town Incentive Programs
Attached please find the proposed revisions proposed to consolidate the Old Town
programs and references into Article V, Chapter 25, Planning and Development. The
affected codes and ordinances are as follows:
• Chapter 1, Section 1-18 (Old Town Established).
• The residential tax rebates, adopted by Ordinance 14296 (single family
residential) and Ordinance 14774 (lofts); these programs were not previously
codified.
• The residential down payment program, adopted by Ordinance 14507 and 14773;
these programs were not previously codified.
• Chapter 17, (Licenses, Taxation and Business Regulations), Article XV (Fa~ade
Improvement Tax Reimbursement Program), adopted by Ordinance No.13963.
• Chapter 25, Section 25-130 (Adaptive Reuse); adopted by Ordinance No.14782.
BILL NO. 2013-
SPONSORED BY COUNCILMAN
ORDINANCE NO. ____________ _
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTERS 1, 17
AND 25 OF THE CITY CODE PERTAINING TO OLD TOWN DISTRICT, NEIGHBORHOOD
REINVESTMENT AND FA<;ADE IMPROVEMENT PROGRAMS
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 1 (General Provisions) Section 1-18 (Old Town District Established) is
hereby deleted.
Section 2. Chapter 17 (Licenses, Taxation and Miscellaneous Business Regulations)
Article XV (Fac;ade Improvement Tax Reimbursement Program), is hereby deleted.
Section 3. Chapter 25 (Planning and Development), Article V (Neighborhood
Redevelopment) is hereby deleted and a new Article V enacted as follows:
ARTICLE V. NEIGHBORHOOD REDEVELOPMENT
25-130. Old Town District Established.
An area is established within the corporate boundaries of the City of Jefferson to be named "Old Town
District" that includes primarily the older neighborhoods and commercial areas within the City; the specific
area is described as follows:
Beginning at the intersection of Southwest Blvd and Stadium Blvd. thence east along Stadium Blvd .• to
Leslie Blvd. thence east along Leslie Blvd to Moreau Drive, thence north following Moreau Drive to
Clark Ave. thence north continuing on Clark Ave to East McCarty Street. thence east on East
McCarty to Benton Street, thence north on Benton to East High Street, thence east on East High Street
to Riverside Drive, thence north west following Riverside Drive and continuing in the same direction
to the City Limits. Thence following the City Limits and the Missouri River to a point in the Missouri
River and along the City Limit line to a point where a line North 55° 30' 25" East from the intersection
of Livingston Street and Booneville Road intersects the mid-point of the Missouri River. Thence south
west along said line to the intersection of Livingston Street and Booneville Road. Thence south and
east following Booneville Road, Dix Road, and the Dix-Southwest Connector to Southwest Blvd,
thence south and west along Southwest Blvd to the point of beginning.
Sec. 25-131 Intent.
The purpose ofthe programs established in this Article are to enhance. encourage and support reinvestment in
the City's core. and to consolidate the City's incentive programs into a single Article. The Term "Parts" as
used herein after refers to the language in the original enacting ordinance pertaining to "Part xx of the Nbd
Reinvestment Act .. " including Ordinances 14296, 14774, 14507 and Ord 14773.
Drafter's Note: Deleted text is shown tffi:ls. Inserted text is shown thus.
Sec. 25-131 through 25-140 reserved.
Sec. 25-141. Part One-Residential Tax Reimbursement Program.
A. Title and Purpose.
!.:. The title of this ordinance shall be "Part One of the City of Jefferson City Neighborhood
Reinvestment Act. the Residential Tax Reimbursment Program."
b. Its primary purpose is to improve existing neighborhoods in greatest need within the City of Jefferson.
by encouraging owner occupation of homes which have been vacant for a year or more. or which have
been used for purposes other than single family owner occupied residences. The acts other purposes
include: increasing the value of properties eligible to participate in the programs offered by this
ordinance. increasing the value of other properties in the neighborhoods where participating
properties are located: improving the residential real estate market within the City of Jefferson; and
providing housing opportunities for young families. retired citizens and people of modest means.
B. Definitions.
!.:. The term "Eligible Real Estate" as used in this ordinance shall be defined to mean real estate situated
entirely within the corporate limits of the City and which meets all of the following qualifications:
.!!:. The residential structure is located on the real property built before December 31. 1950;
b. The real property was purchased from a third party in a good faith. arms-length transaction after
December 31. 2006;
.£:. The residential structure on the real property is occupied by the owner as the owners primary
residence after December 31, 2006 and the owner makes application for any reimbursement
authorized under this ordinance within thirty (30) calendar days following the end of the calendar
year during which the property was purchased;
d. The residential structure on the real property is occupied by no more than "a single family" as
that term is defined in Chapter 35 of the City Code;
!l:. The residential structure on the real property has either been vacant or used for some other
purpose other than an exclusively owner-occupied single family residence during the twelve
months preceding the date of purchase;
f:. The real property including the residential structure has a fair market value of $50.000.00 or
more at the time of purchase.
b. The term "Eligible Real Estate Taxes", as used in this ordinance shall mean all property tax paid on
real property for a parcel of Eligible Real Estate. imposed or collected by the City of Jefferson. Cole
County. Jefferson City Public Schools. or any other taxing authority but shall not include taxes which
became delinquent before being paid.
~ The term residential structure shall include;
.!!:. A portion of a non-residential structure which is solely used for residential purposes and which
has toilet facilities as well as ingress/egress which are separate from the non-residential use; or
b. A residential unit of a condominium building, even if such building includes non-residential units.
Drafter's Note: Deleted text is shown tktts. Inserted text is shown thus.
C. Upon receipt of a property application and certification by the Director of Finance of eligibility. the
Director of Finance shall pay the owner of a parcel of Eligible Real Estate an amount equal to all Eligible
Real Estate Taxes paid by the owner on such Eligible Real Estate for the previous tax year.
!.. The Director of Finance shall establish procedures for certifying properties eligible for tax
reimbursement under this Section, including procedures for establishing the period of vacancy or
prior use of any property being considered for participation in programs under this Act.
b. The Director of Finance may conditionally certify properties eligible for tax reimbursement under this
Section in advance of a prospective owner purchasing the property.
~ The owner(s) may receive reimbursement for no more than five (5) tax years and no more than Two
Thousand and no/100 dollars ($2.000.00> for any one tax year.
D. Dates relevant to this ordinance.
!.. The effective date of this ordinance shall be the day that it is passed;
b. The real estate tax reimbursement authorized by this ordinance shall apply with respect to Eligible
Real Estate Taxes assessed in years 2007 and thereafter;
~ The first year an owner may be eligible for real estate tax reimbursement authorized by this ordinance
shall be either the year in which the owner purchases and occupies the property as the owners primary
residence. or the following year. at the owners election;
!:, For purposes of this ordinance. real estate shall be deemed to have been purchased on the date title
was conveyed to the buyer from the seller. and
~ This ordinance shall apply only to property purchased after December 31.2006.
E. Conditions of eligibility.
!.. An owner may be an individual holding title as sole owner. a joint tenancy. tenancy by entireties.
tenants in common, or a trust. provided the primary beneficiaries of the trust and all other members
of other forms of tenancy or ownership occupy the the property as a primary residence;
b. Evidence of an owners primary residency shall be established as the residence shown on an
individual's federal tax return;
~ An owner must continue to occupy the property for the full five years during which the taxes are
abated, unless one or more owners occupying the property shall die or become confined to a long-term
residential health care facility before the end of the five year period;
!:. The maximum annual tax reimbursement to which an owner shall be entitled is $2.000.00
~ No more than ten <IOl parcels of real estate shall be accepted and certified during any one calendar
year as Eligible Real Estate.
F. Recapture. As a further condition to participating in the program authorized by this ordinance. the
owner of the real estate shall agree to permit the City to recapture the full amount of any tax
reimbursements made under this ordinance if the owner ceases occupying the propertv as the owner's
primary residence within five years of the date when the owner first becomes eligible to participate in the
program. The owner shall further agree to permit the City to assert the full amount of the reimbursed
Drafter's Note: Deleted text is shown #ttts. Inserted text is shown thus.
taxes as a lien on the real estate.
Sec. 25-142. Part Two-Residential Down payment Incentive.
A. Title and Purpose.
!:. The title of this ordinance shall be "Paa1 Two of the City of Jefferson City Neighborhood
Reinvestment Act-Residential Down payment Incentive
b Its primary purpose is to improve existing neighborhoods in greatest need within the City of Jefferson.
by encouraging owner occupation of homes which have been vacant for a year or more. or which have
been used for purposes other than single family owner occupied residences. The Acts other purposes
include: increasing the value of properties eligible to participate in the programs offered by this
ordinance. and increasing the value of other properties in the neighborhoods where participating
properties are located; improving the residential areas estate market within the City of Jefferson; and
providing housing opportunities for young families. retired citizens. and people of modest incomes.
B. Definitions.
!:. The term "Eligible Real Estate" as used in this ordinance shall be defined to mean real property
situated entirely within the Old Town District of the City and which meets all of the following
qualifications;
.!!:. Includes one residential structure completed in 1950 or before;
b. Is being purchased by a third party in a good faith. arms-length transaction after the effective
date of this ordinance;
.£: Is being acquired by the owner as the owner's primary residence after the effective date of this
ordinance and such owner has not previously owned and occupied a residential structure as a
primary residence within the Old Town District for three (3) years prior to the proposed
acquisition;
d. Is to be occupied by no more than a single family as that term is defined in Chapter 25 of the City
Code;
£: Shall have been either vacant or used for some purpose other than an exclusively owner occupied
single family residence during the twelve (12) months preceding the date on purchase and;
.f.. Have a fair market value of $40.000.00 or more at the time of purchase.
b The term "Residential Structure" shall include:
.!!:. A portion of a non-residential structure which is solely used for residential purposes and which
has toilet facilities as well as ingress/egress which are separate from the non-residential use; or
b. A residential unit of a condominium building, even if such building includes non-residential units.
~ Upon the receipt of a proper application. and certification by the Director of Finance of eligibility. the
Director of Finance shall pay to the owner of a parcel of Eligible Real Estate up to the amount of $5,000.00
to be applied to the down payment for purchase of the Eligible Real Estate.
!:. The Director of Finance shall establish the procedure for certifying properties eligible for down
Drafter's Note: Deleted text is shown #ttts. Inserted text is shown thus.
oayment assistance under this Section. including the procedures for establishing the period ofvacancy
or prior use of any property being considered for participation in programs under this Act.
b The Director of Finance may conditionally certify properties eligible for down payment assistance
under this Section in advance of a prospective owner purchasing the Eligible Real Estate.
:1, The owner or owners may receive an incentive of no more than Five Thousand and no/100 Dollars
($5,000.00). The amount provided will be determined based on the owners' cash contribution towards
purchase at closing.
D. Dates relevant to this ordinance are:
.L The effective date of this ordinance shall be the date it is passed.
b The real estate incentive offered by this ordinance shall be available on a "first-come. first-serve" basis
after the effective date of this ordinance as long as funds are available.
E. Conditions of eligibility shall also include the following;
.L An owner may be an individual holding title as sole owner. a joint tenancy. tenancy by the entireties.
tenants in common. or a trust. provided the primary beneficiaries of the trust and all members of
other forms of tenancy or ownership occupy the Eligible Real Estate as a primary residence;
b Evidence that Eligible Real Estate is the primary residence of the owners shall be determined by the
Director of Finance in his sole and absolute discretion;
:1, An owner must continue to occupy the Eligible Real Estate for the full five years following its purchase
unless one or more owners occupying the propertv shall die or become confined to a long-term
residential health care facilitv before the end of the five year period;
!.. The total number of properties which can participate in the program authorized by this ordinance
shall be limited by the availability of funds and preference will be given to first-time home-buyers
~ The maximum down payment assistance to which any owner shall be entitled is $5000.00
F. Recapture. As a further condition to participating in the program authorized by this ordinance. an
owner of Eligible Real Estate. by accepting the down payment assistance. shall be conclusively deemed to
agree that: Cil the City may recapture the full amount of incentive made under this ordinance ifthe owner
ceases occupying the Eligible Real Estate as the owners primary residence within five years of the date
when the owner receives the down payment assistance; and (ii) the City may assess. impose. and levy the
full amount of the down payment incentive as a lien upon the Eligible Real Estate.
Section 25-143 Part Three-Commercial Facade Tax Reimbursement Program.
A. Title and Purpose .
.L Title. The title of this ordinance shall be "Part Three of the City of Jefferson City Neighborhood
Reinvestment Act-Commercial Facade Tax Reimbursement Program.
b. Purpose. The main objective of this Article is to enhance the aesthetics of the City by improving the
facades of older commercial buildings in Jefferson City so that after completion of work. citizens will
recognize improvement in the appearance of the buildings. A secondary objective is to promote mixed
use (residential/commercial) in the older commercial areas of the city.
Drafter's Note: Deleted text is shown tffi:ts. Inserted text is shown thus.
B. Eligibility. To be eligible for this Program, properties eligible must meet the following criteria:
!.:. The property must be in a commercial zone and the building to be improved must be used, at the time
the application is made, for a purpose which would require a commercial zone (hereinafter referred to
as "commercial use");
b The structure must have been constructed before 1951;
:1. The property must have a fair market value of $70,000 or more at the time the application for
improvements is approved;
!, The property, and its owner or owners, must not be delinquent in payment of any State, County, or
City taxes;
~ Property must remain in commercial use over the reimbursement period and must re-qualify
annually.
~ Exterior improvements must be significant, exceeding $10,000, and be completed prior to
reimbursement eligibility.
1.:. Exterior improvement projects must meet appearance guidelines to be approved for tax
reimbursement. The City Administrator, in consultation with the Historic Preservation Commission
and the Environmental Quality Commission shall publish specific guidelines, which shall provide, at a
minimum, that the improvements be:
.!!:. Consistent with the appearance of the building as originally constructed;
b. Consistent with the appearance of other buildings in the vicinity as originally constructed in
Jefferson City at the same time or prior to 1951;
.£:. Consistent with the present appearance of other buildings on the same block which were
constructed at approximately the same time.
~ Any work done prior to approval of Facade Improvement Application is not eligible.
2. Eligible improvements include:
.!!:. Facade removal;
.!!:. Brick or wall surface cleaning;
.£:. Patching and painting of facade walls;
d. Canopy, porch, awning installation/repair;
!h Window and/or door replacement/repair;
f:. Mortar joint repair;
&:. Railings, ironwork repair or addition;
h. Cornice repair or replacement;
Drafter's Note: Deleted text is shown #H:Is. Inserted text is shown thus.
!:. Replacement/repair to exterior steps.
10. Plans for building/facade improvements must be approved by the Facade Improvement Committee,
which is hereby created. The Committee shall consist of five (5) registered voters of the City appointed
by the Mayor with the advice and consent of the Council. Committee members shall serve two year
terms. The Committee may approve a variance to the age and market value requirements if the
building at issue is abutted by one or more buildings constructed before 1951 and the building is
determined by the Director of Planning and Protective Services to be structurally sound .
.!.!.:. The total number of active properties which can participate in this program shall not exceed
twenty-five (25). (Qrd. No. 14731, §1, 10-18-2010).
12. A propertv may be eligible for the Tax Reimbursement Program one time only.
13. Properties shall only be eligible to the extent that funds are available and appropriated for this
purpose by the Council.
14. Total annual reimbursement may not exceed the property taxes assessed or Thousand Dollars
($3,000.00), whichever is less.
15. Eligible owners may receive reimbursement for not more than three years starting January 1, 2006.
Eligibility must be certified each year.
16. If the upper floors of the building are also in use as residential living space after completion of the
facade improvements. the owner may apply for and receive tax reimbursement for an additional 2
years. To be eligible for the 2 additional years of tax reimbursement, the living space must:
.!!:. be inspected by city code inspection and certified as meeting basic livability housing standards.
b. be occupied for at least 9 months each year of the reimbursement.
17. the upper floors of the building are also occupied for some use other than a residential living space, the
owner may apply to the Facade Improvement Committee to receive up to 2 additional years of tax
reimbursement which shall be granted provided that the applicant meets the following requirements
set forth herein .
.!!:. For a property to be eligible for the 2 additional years of tax reimbursement. the Committee must
find:
i. That the second floor of the property is being occupied for an active commercial use as a retail
or office space; and
ii. the use of the second floor of the property attracts workers or patrons to the commercial area
in addition to those using the first floor of the property; and
iii. the second floor has been inspected by a city code inspector and certified as meeting all codes
applicable to the use.
b. To qualify as an "active commercial use" the second floor must be used for retail purposes,
professional offices, financial services, entertainment, religious services, or food or beverage sales.
The term "active commercial use" does not include storage of items used in conjunction with
another business or residence on or off of the premises. The term "second floor" shall not include
any floor which is at or below grade at any point.
Drafter's Note: Deleted text is shown #ttts. Inserted text is shown thus.
Sec. 25-144. Part Four-Adaptive Reuse Incentives.
A. Title and Purpose.
!:. The title of this ordinance shall be "Part Four of the City of Jefferson City Neighborhood
Reinvestment Act: Adaptive Reuse Incentives"
b. The purpose of this section is to bring vacant buildings which have outlived their original purpose
back into productive commercial use while retaining their historic features.
B. Definitions.
!:. The term "Eligible Project" as used in this ordinance shall be defined to mean real estate situated
entirely within the corporate limits of the City and which meets all of the following qualifications:
.!!:. The residential structure is located on the real property built before December 31. 1950; and
b. The primary structure on the real property is vacant, and has been continuously vacant for a
period of at least 120 days; and
& The property is included in one of the following plans and the proposed use of the property is in
compliance with such plan:
d. I list plans here!
£:. The real property including the structure has a fair market value of $50.000.00 or more.
b. The term "Eligible Real Estate Taxes", as used in this ordinance. shall mean all property tax which
has been paid on the real property for a parcel of an Eligible Project. imposed or collected by the City
of Jefferson. Cole County, Jefferson City Public Schools, or any other taxing authority but shall not
include taxes which became delinquent before being paid.
J.,. "Owner" or "Owners" may be an individual holding title as sole owner, a joint tenancy, tenancy by the
entireties, tenants in common, or a trust.
±, The term "occupied" as used in this section shall mean that the property is being used for the purpose
or purposes as set forth in the original application of the owner.
C. Eligibility. To be eligible to participate in the program, the owners ofthe property must:
!:. Successfully complete the "Call Before You Start" program as proscribed by the City Administrator
prior to commencing construction, and;
b. Have committed to spending no less than $10,000 for rehabilitation of the property, and;
J.,. Be ineligible for participation in any other City incentive program. and;
±, Not have any delinquent taxes or other fees due to the City .
D. Construction.
Drafter's Note: Deleted text is shown tlffis. Inserted text is shown thus.
!:. All construction and or remodeling shall be done in compliance with City Codes.
b. All construction and/or remodeling shall preserve or restore, to the maximum extent practicable, the
historic appearance of the exterior ofthe building.
E. Property to be Occupied. The property shall be continuously occupied during the tax abatement period.
In the event that the property is not occupied continuously. the tax refund provided herein shall be
pro-rated.
F. Tax Refund. Upon receipt of a property application and certification by the Director of Planning and
Protective Services that the project and the owners have met all eligibility reguirements. the Director of
Finance shall pay the owners of the Eligible Project an amount egual to all property taxes paid on the
property for the previous tax year. The owner(s) may receive reimbursement for no more than two (2) tax
years and no more than Two Thousand and no/100 dollars ($2,000.00> for any one tax year.
G. Administration. The Director of Planning and Protective Services shall establish procedures for
certifying properties eligible for tax reimbursement under this Section, including procedures for
establishing the period of vacancy or prior use of any property being considered for participation in
programs under this Act. The Director of Planning and Protective Services may conditionally certify
properties eligible for tax reimbursement under this Section in advance of a prospective owner purchasing
the property.
H. No more than ten (10) parcels of real estate shall be accepted and certified during any one calendar year
Eligible Real Estate.
1 Recapture. As a further condition to participating in the program authorized by this ordinance. the
owner of real estate shall agree to permit the City to recapture the full amount of any tax reimbursements
made under this ordinance if the property ceases to be occupied within five years of the date when the
owner first becomes eligible to participate in the program. The owner shall further agree to permit the
City to assert the full amount of the reimburses taxes as a lien on the real estate.
(Ord. 14782, §I. 4-4-20 II; Ord. No. 14829. § 14. 8-1-20 II)
Section £. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: -----------------------------Approved: _____________ _
Presiding Officer Mayor
ATTEST: APPROVED AS TO FORM:
City Clerk City Counselor
Drafter's Note: Deleted text is shown #ltts. Inserted text is shown thus.
DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES
MEMORANDUM
TO: Public Works and Planning Committee
FROM: Janice McMillan, Director of Planning and Protective Services
DATE: August 19, 2013
RE: Item #8, Update of CDBG Policies and Procedures
Attached please find the proposed revisions to update the policies and procedures of the
Community Development Block Grant program, housed in Article IV of Chapter 25.
The current Article IV, entitled Rehabilitation Grant Guidelines, will be deleted and
replaced with this new section.
1
COMMUNITY DEVELOPMENT BLOCK GRANT
Policy and Procedures Manual
Department of Planning and Protective Services
Redevelopment and Grants Division
City of Jefferson, Missouri
May 2013
2
CITY OF JEFFERSON
PLANNING AND PROTECTIVE SERVICES DEPARTMENT
REDEVELOPMENT AND GRANTS DIVISION
Community Development Block Grant Staff
Janice McMillan, Department Director jmcmillan@jeffcitymo.org
Jayme Abbott, Neighborhood Services Coordinator jabbott@jeffcitymo.org
Lauren Hershey, Grant Assistant lahenry@jeffcitymo.org
Penny Tyler, Grant Assistant ptyler@jeffcitymo.org
Physical Address:
John G. Christy Municipal Building
320 E. McCarty Street
Jefferson City, MO 65101
Office Hours: 8:00 AM – 5PM
Phone: (573) 634-6410
Fax: (573) 634-6457
Website: http://www.jeffcitymo.org/pps/pps.html
3
Table of Contents
INTRODUCTION .................................................................................................................................................................. 4
KEY DEFINITIONS .............................................................................................................................................................. 5
CHAPTER 1: CDBG IMPLEMENTATION PROCESS .................................................................................................... 9
STEP 1 – SUBMIT CONSOLIDATED PLAN & DETERMINE PROGRAM DELIVERY METHOD .............................................. 9
Consolidated Plan/Action Plan ............................................................................................................................. 9
Program Delivery Method .................................................................................................................................. 10
STEP 2 - NATIONAL OBJECTIVE ............................................................................................................................... 11
STEP 3 – ACTIVITIES THAT ARE ELIGIBLE .................................................................................................................. 16
STEP 4 – COMPLY WITH OTHER FEDERAL REQUIREMENTS ..................................................................................... 18
Environmental Review ........................................................................................................................................ 18
Fair Housing, Accessibility, and Equal Employment ........................................................................................... 18
Procurement ....................................................................................................................................................... 21
Contract Management ....................................................................................................................................... 23
Labor Standards ................................................................................................................................................. 28
Acquisition and Relocation ................................................................................................................................. 29
STEP 5 - ADDRESS FINANCIAL AND ADMINISTRATIVE REQUIREMENTS ..................................................................................... 30
Administration & Planning ................................................................................................................................. 30
Calculating Planning and Administration Cap .................................................................................................... 30
Timely Distribution of Funds............................................................................................................................... 31
Program Income ................................................................................................................................................. 32
Uniform Administrative Requirements ............................................................................................................... 32
Audit Requirements ............................................................................................................................................ 33
Citizen Participation ........................................................................................................................................... 33
Record Retention Period ..................................................................................................................................... 33
Internal Controls ................................................................................................................................................. 33
IDIS Draws .......................................................................................................................................................... 34
Equipment Management and Disposition .......................................................................................................... 35
STEP 6 - ENTER RESULTS INTO IDIS ................................................................................................................................. 36
STEP 7 – REPORT AND MONITOR PROGRESS ..................................................................................................................... 37
Calendar of Events ............................................................................................................................................. 37
Monitoring of Subrecipients ............................................................................................................................... 38
CHAPTER 2: HOMEOWNER SUPPORT PROGRAMS ................................................................................................ 39
SECTION 1: HOMEOWNER SUPPORT PROGRAMS .............................................................................................. 39
Eligibility & Assistance Amounts ....................................................................................................................... 39
Application Procedures ...................................................................................................................................... 43
Section 2: Down payment assistance ................................................................................................................. 47
Eligibility & Assistance Amounts ....................................................................................................................... 47
section 3: ............................................................................................................................................................ 50
CHAPTER 3: DEMOLITION ............................................................................................................................................. 52
Table 1 ................................................................................................................................................................ 53
4
INTRODUCTION
The Housing and Community Development Act of 1974 (HCDA), authorized HUD to create the
Community Development Grant (CDBG) Program. The program seeks to provide decent
housing, a suitable living environment, and expand economic opportunities for low and moderate
income persons.
The City of Jefferson receives a yearly distribution for the CDBG entitlement program. The
entitlement program are for cities in metropolitan areas over 50,000 in population, designated
principal cities of metropolitan statistical areas or urban counties with more than 200,000 people.
The grant amounts are determined by the higher of two formulas: Data based on overcrowded
housing, population and poverty; or Data based on age of housing, population growth lag, and
poverty.
This policies and procedure manual is intended as guidance for the City of Jefferson’s CDBG
program, and is not meant to be a substitute for federal regulations. The federal CDBG program
regulations can be found in Title 24 of the Code of Federal Regulations (CFR) Part 570.
This manual will be reviewed and, if required, revised annually. It can be revised to meet
changes in federal regulations, actions of the City Council or to meet administrative needs upon
approval.
5
KEY DEFINITIONS
24 CFR Part 85 (the Common Rule): This rule provides that the grantee shall take affirmative
steps to encourage contracting with small minority and female owned business enterprises when
possible as sources of supplies, equipment, construction, and services.
Action Plan: An annual update to HUD regarding the Consolidated Plan.
Consolidated Plan: The Consolidated Plan is prepared by the grantee in accordance with 24
CFR Part 91, and describes needs, resources, priorities and proposed activities to be undertaken
with respect to CDBG program. An approved Consolidated Plan is one which has been approved
by HUD.
Contractors: A contractor is an entity paid with CDBG funds in return for a specific service
(e.g., construction). Contractors must be selected through a competitive procurement process
based on the City’s procurement standards.
Copeland Anti-Kickback Act: Makes it a criminal offense for a person to induce anyone
employed in the construction, completion, or repair of any public building, public work, or
building, or work financed in whole or in part by loans or grants from the United States, to give
up any part of the compensation to which the employee is otherwise entitled. The Act also
regulates payroll deductions, specifies methods of paying wages to covered employees, and
requires the submission of weekly payrolls in conjunction with statements of compliance by all
contractors in a format that meets the requirements of 29 CFR Section 5.5.
Davis-Bacon Act: The Act is triggered when construction work over $2,000 is financed in
whole or in part with CDBG funds. It requires that workers receive no less than the prevailing
wages being paid for similar work in the same area.
Draw down: Refers to the process of requesting and receiving CDBG funds. Grantees draw
down funds from a line of credit established by HUD, while subrecipients draw down funds from
the grantee.
Executive Order 11063: This Executive Order provides that no person shall be discriminated
against on the basis of race, color, religion, sex, or national origin in housing and related
facilities provided with Federal assistance and lending practices with respect to residential
property when such practices are connected with loans insured or guaranteed by the Federal
government.
Executive Order 11246: This Executive Order applies to all Federally assisted construction
contracts and subcontracts. It provides that no person shall be discriminated against on the basis
of race.
6
Executive Order 11259: This Executive Order provides that the administration of all Federal
programs and activities relating to housing and urban development be carried out in a manner to
further housing opportunities throughout the United States.
Grantee: Each entitlement community, or grantee, administers its local CDBG program in
accordance with program requirements.
Household: All the persons who occupy a housing unit. The occupants may be a single family,
one person living alone, two or more families living together, or any groups of related or
unrelated persons who share living arrangements.
Income: Grantees may select any of three definitions of income: (1) Annual income as defined
under Section 8; (2) Annual income as reported under the Census long form; or (3) Adjusted
gross income as defined by the IRS Form 1040.
Limited Clientele: Persons (or groups of persons) are presumed to be principally LMI,
according to HUD. These include: abused children, battered spouses, elderly persons (age 62 and
over), adults meeting the Bureau of the Census’ definition of severely disabled, homeless
persons, illiterate adults, persons living with AIDS, and migrant farm workers.
Low and Moderate Income: Low and moderate income (LMI) means family or household
annual income less than the Section 8 Low Income Limit, generally 80% of the area median
income, as established by HUD.
Low-Income Household/Family: A household/family having an income equal to or less than
the Section 8 Very Low Income limit (50% of the area median income) as established by HUD.
Moderate-Income Household/Family: A household/family having an income equal to or less
than the Section 8 Low Income limit (80% of area median income) established by HUD, but
greater than the Section 8 Very Low Income Limit (50% of area median income) established by
HUD.
Restoration Act of 1987: This Act restores the broad scope of coverage and clarifies the
application of the Civil Rights Act of 1964. It also specifies that an institution which receives
Federal financial assistance is prohibited from discriminating on the basis of race, color, national
origin, religion, sex, disability, or age in a program or activity which does not directly benefit
from such assistance.
Section 109 of Title 1 of the Housing and Community Development Act of 1974: This
section of Title 1 provides that no person shall be excluded from participation (including
employment), denied program benefits, or subject to discrimination on the basis of race, color,
national origin, or sex under any program or activity funded in whole or in part under Title I of
the Act.
7
Section 3 of the Housing and Urban Development Act of 1968, as amended: Requires the
provision of opportunities for training and employment that arise through HUD-financed projects
to lower-income residents of the project area, to the greatest extent feasible and consistent with
Federal, State and local laws and regulations. Also required is that contracts be awarded to
businesses that provide economic opportunities for low- and very low-income persons residing in
the area. Amendments to Section 3 in 1992 included requirements for providing these
opportunities in contracts for housing rehabilitation, including lead-based paint abatement, and
other construction contracts.
Section 109 of Title I of the Housing and Community Development Act of 1974: Requires
that no person shall be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity funded with CDBG funds on the basis of race,
color, religion, national origin, or sex.
Section 504 of the Rehabilitation Act of 1973: It is unlawful to discriminate based on disability
in Federally assisted programs. This section provides that no otherwise qualified individual shall,
solely by reason of his or her disability, be excluded from participation (including employment),
denied program benefits, or subjected to discrimination under any program or activity receiving
Federal funding assistance. Section 504 also contains design and construction accessibility
provisions for multi-family dwellings developed or substantially rehabilitated for first occupancy
on or after March 13, 1991.
Subrecipient: An entity that assists the grantee to implement and administer its program.
Subrecipients are generally nonprofit organizations that assist the recipient to undertake one or
more activities on behalf of the grantee, such as a home rehabilitation. Subrecipients are also
referred to as subgrantees.
The Age Discrimination Act of 1975: This Act provides that no person shall be excluded from
participation, denied program benefits, or subject to discrimination on the basis of age under any
program or activity receiving Federal funding assistance. Effective January 1987, the age cap of
70 was deleted from the laws. Federal law preempts any State law currently in effect on the same
topic including: KRS 18A.140; KRS 344.040; 101 KAR 1:350 Paragraph 11; 101 KAR 1:375
Paragraph 2(3); 101 KAR 2:095 Paragraphs 6 and 7.
The Americans with Disabilities Act of 1990 (ADA): This Act modifies and expands the
Rehabilitation Act of 1973 to prohibit discrimination against “a qualified individual with a
disability” in employment and public accommodations. The ADA requires that an individual
with a physical or mental impairment who is otherwise qualified to perform the essential
functions of a job, with or without reasonable accommodation, be afforded equal employment
opportunity in all phases of employment. Kentucky adopted this Act in 1992 with the enrollment
and passage of Senate Bill 210.
8
The Equal Employment Opportunity Act: This Act empowers the Equal Employment
Opportunity Commission (EEOC) to bring civil action in Federal court against private sector
employers after the EEOC has investigated the charge, found “probable cause” of discrimination,
and failed to obtain a conciliation agreement acceptable to the EEOC. It also brings Federal,
State, and local governments under the Civil Rights Act of 1964.
The Fair Housing Amendment Act of 1988: This Act amended the original Fair Housing Act
to provide for the protection of families with children and people with disabilities, strengthen
punishment for acts of housing discrimination, expand of the Justice Department jurisdiction to
bring suit on behalf of victims in Federal district courts, and create an exemption to the
provisions barring discrimination on the basis of familial status for those housing developments
that qualify as housing for persons age 55 or older.
The Housing for Older Persons Act of 1995 (HOPA): Retained the requirement that the
housing must have one person who is 55 years of age or older living in at least 80 percent of its
occupied units. The Act also retained the requirement that housing facilities publish and follow
policies and procedures that demonstrate intent to be housing for persons 55 and older.
The Immigration Reform and Control Act (IRCA) of 1986. Under IRCA, employers may hire
only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens
authorized to work in the U.S. The employer must verify the identity and employment eligibility
of anyone to be hired, which includes completing the Employment Eligibility Verification Form
(I-9).
The Uniform Guidelines on Employee Selection Procedures adopted by the Equal
Employment Opportunity Commission in 1978: This manual applies to employee selection
procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal and referral.
It is designed to assist employers, labor organizations, employment agencies, licensing and
certification boards in complying with the requirements of Federal laws prohibiting
discriminatory employment.
The Vietnam Era Veterans’ Readjustment Act of 1974 (revised Jobs for Veterans Act of
2002): This Act was passed to ensure equal employment opportunity for qualified disabled
veterans and veterans of the Vietnam War. Affirmative action is required in the hiring and
promotion of veterans.
Title VI of the Civil Rights Act of 1964: This Act provides that no person shall be excluded
from participation, denied program benefits, or subject to discrimination based on race, color,
and/or national origin under any program or activity receiving Federal financial assistance.
Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act): This Act prohibits
discrimination in housing on the basis of race, color, religion, sex and/or national origin. This
law also requires actions which affirmatively promotes fair housing.
9
CHAPTER 1: CDBG IMPLEMENTATION PROCESS
The following provides an overview of the framework in which the City must make decisions
concerning activities and/or organizations to fund under the CDBG program.
STEP 1 – SUBMIT CONSOLIDATED PLAN & DETERMINE PROGRAM DELIVERY
METHOD
CONSOLIDATED PLAN/ACTION PLAN
The process of completing the Consolidated Plan (and annual Action Plans) helps the City to
determine what activities to fund in the coming year.
The Consolidated Plan is a plan of five years in length, which describes the community
needs, resources, priorities, and proposed activities to be undertaken under CDBG program.
Each year, the City must submit an update to HUD, referred to as an Action Plan. The Action
Plan describes the specific planned uses for CDBG.
The Consolidated Plan includes the following:
1. A description of the entity responsible for overseeing the development of the
Consolidated Plan and a description of the process undertaken to develop the plan;
2. A housing and homeless needs assessment;
Step 1 •Submit Consolidated Plan & Determine Program Delivery Method
Step 2 •Select Activities That Meet A National Objective
Step 3 •Select Activities That Are Eligible
Step 4 •Comply With Other Federal Requirements
Step 5 •Address Financial And Administrative Requirements
Step 6 •Enter Results Into IDIS
Step 7 •Report And Monitor Progress
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3. A housing market analysis;
4. A strategic plan; and
5. A one-year Action Plan.
The following is a timeline of the Consolidated Plan so that it’s timely and accurate.
Pre-Public Hearing regarding the development of the Consolidated/Action Plan shall
be held sometime in June.
End of September, Public Hearing is held regarding the proposed
Consolidated/Action Plan. Copies of the proposed Consolidated/Action Plan will be
made available for public Review. The 30 day public comment period begins the day
after the public hearing is held.
The Consolidated/Action Plan is due to HUD November 15th.
PROGRAM DELIVERY METHOD
Currently the City of Jefferson expends CDBG funds to assist homeowners with code deficiency
repairs, energy efficiency updates, down payment assistance, and emergency repairs. In addition
funds are used for neighborhood improvements/redevelopment and purchase bus passes to assist
low income individuals and families. At this time the City does not open applications to sub-
grantees for funding opportunities for CDBG eligible activities.
The City (grantee) is responsible for ensuring that CDBG funds are used in accordance with all
program requirements. The use of designated public agencies, subrecipients, or contractors does
not relieve the grantee of this responsibility. The grantee is also responsible for determining the
adequacy of performance under subrecipient agreements and procurement contracts and for
taking appropriate action when performance problems arise.
Before disbursing funds to any organization that is carrying out CDBG activities on behalf of the
grantee as a subrecipient, a written agreement must be executed. The CDBG regulations stipulate
that certain requirements be included in all written agreements with subrecipients.
Written agreements must remain in effect for the length of time that the subrecipient has control
over any CDBG funds, including program income. However, it is good practice to update
subrecipient agreements annually to ensure the agreements are current with regulations and
requirements. This process also allows an opportunity to revisit and clarify problem areas or
issues.
11
STEP 2 - NATIONAL OBJECTIVE
In order to use HUD funds, the project must meet a National Objective. They are the following.
The LMI national objective is the primary national objective because the statute requires that
grantees expend 70% of the CDBG funds to meet the LMI national objective.
LMI Calculation Example:
Total entitlement grant amount: $225,000
Less actual planning and admin (up to 20%): ($45,000)
Equals amount subject to LMI calculation: $180,000
Multiplied by 70 percent: X 0.70
Equals minimum to benefit LMI: $126,000
Amount subject to LMI calculation: $180,000
Less LMI minimum: ($126,000)
Equals maximum slum/blight and urgent needs allowable activities: $54,000
National Objective
Urgent
Threat to
Health &
Safety
Eliminates
Slum &
Blight
51% LMI
12
a) 51% Low and Moderate Income
At least 51% or more of the persons and families benefiting must be low and moderate-income
(LMI) for public projects and public facilities and 100% LMI for housing activities. LMI can be
determined by HUD census data or by conducting a survey. LMI is generally calculated on an
area basis, meaning either the entire jurisdiction of the City or a defined targeted area within the
City must be at least 51% LMI.
a. To be counted as a beneficiary of a project, LMI documentation must be obtained.
b. For every separate activity funded under the same project, there must be 51% LMI or the
removal of slum and blight achieved.
c. For the purposes of determining eligibility, all persons and families must be counted. For the
purposes of determining the amount of CDBG funding, all households must be counted.
d. A project may not be designed to benefit moderate-income persons to the exclusion of low-
income persons.
e. HUD’s Section 8 program income guidelines (as modified by the Housing and Community
Development Act of 1987) shall be used to define low and moderate-income for the CDBG
Program. The annual income limits are available from http://www.huduser.org/portal/. If
HUD has not published the applicable year’s limits, then the community may use the
previous year in order to begin the survey work.
f. “Income” should be viewed as a family’s total adjusted gross income. Any person that
belongs to an LMI family is considered an LMI person. Request a copy of the direct
beneficiaries IRS Form 1040 or other equivalent income statements.
g. To calculate the LMI percentage, divide the number of LMI persons by the total number of
persons benefiting; and divide the number of LMI families by the total number of families
benefiting. Both calculations must equal or exceed 51%. You may not round up to achieve
51%. The HUD census data is only available in the number of LMI persons. Therefore, in
order to arrive at the correct number of LMI families, divide the number of persons by 2.48,
which is the state average household size.
h. If you choose to survey for eligibility, there are three categories of income to report: 80% of
the county’s median income; 50% of county’s median income; and, 30% of the county’s
median income. Eligible persons and families are all those below 80% of median income.
The terminology may differ for the three categories but the percentages are the same. You
may see: moderate-low-very low; or low-very low-extremely low; or low-very low-30% of
median. It is important to distinguish the categories for the reporting purposes and not to
eliminate any from the survey instrument sample.
i. It is the activity that will often provide the indication of who benefits. The availability of
exact census data will determine whether census or survey may be used. In the CDBG
program, an applicant determines the project to be either: area-wide benefit, or a target-area
benefit. Secondly, the applicant indicates the method of LMI eligibility: census, survey, job-
creation, or limited clientele.
13
j. The application may be an area-wide benefit if the activity benefits an entire city, county,
township, or enumeration district, either 2000 census data or survey may be used to
determine LMI benefit. Please note that the census data provided by HUD sometimes differs
from the U.S. Census Bureau in terms of income and the total number of persons and
families in a given area. City may only accept the HUD data as valid.
k. If the activities proposed in an application only benefit a portion of the community, then a
target-area benefit would be relevant. Most often, surveys are required to gain eligibility
here. Census data by tract or block group may be used if the beneficiaries exactly match the
tracts or block groups (and the entire block group data must be used).
l. If one activity benefits the entire community (such as water or wastewater treatment) and
another activity that benefits only a section of the community (such as water distribution or
wastewater collection) then the treatment activity must represent the majority of the project
costs in order to use an area-wide benefit with census data.
m. Surveys are used to apply accurate information to an area that is not covered by census
information, or to provide updated information to an area that has changed in the number of
persons and their income level during the decade for which the census is valid. There is a
methodology applied to surveys intended to support CDBG eligibility and there is a time
limit in which those surveys may be valid.
n. There are two options for surveys: 100% solicitation (census) or random.
o. For the first option, applicants must solicit 100% of the proposed beneficiaries. The survey
response percentage is 80%. (This is only allowed when the project area contains 200 or
fewer families). For larger surveys, applicants are required to perform a random survey.
p. A random survey requires a smaller sample to be surveyed, but requires that specific
residences (chosen at random by CDBG) be surveyed. The survey response rate is 80% of
the residences surveyed. A random survey is required if the service area contains more than
200 families. Contact CDBG staff for random number table if random survey is required. If
the service area of the project consists of 200 or fewer families, a random survey is not an
option.
q. Regardless of survey options, there are three acceptable procedures: door to door, which
should involve trained personnel, where the survey is conducted at the residence by an
interviewer. Techniques of not introducing bias into the survey should be used including
question wording; probing to obtain clarification, and recording responses accurately.
Modified door-to-door includes hand delivery of the survey but the task of completion is left
to the resident. The deliverer may either wait or make arrangements to pick the survey up at a
later date. Or, the survey may be made via mail.
r. Telephone surveys are not acceptable.
s. The survey instrument and tabulation sheet is made available to the applicant by CDBG.
t. A map must accompany the application, showing the project area and beneficiaries. If a
survey is used to prove LMI, then the survey area and the houses surveyed should be
clearly marked on the map.
14
u. Limited Clientele persons (or groups of persons) are presumed to be principally LMI,
according to HUD. These include: abused children, battered spouses, elderly persons (age 62
and over), adults meeting the Bureau of the Census’ definition of severely disabled, homeless
persons, illiterate adults, persons living with AIDS, and migrant farm workers. The disability
data used for limited clientele are “persons with a mobility or self-care limitation.” This data
is broken into persons age 16 to 64 and 65 and older. The data for both age groups must be
added together in total. Do not use the data for “persons with a work disability.”
v. In addition, if a project’s activities are limited exclusively to LMI persons (such as a food
pantry with income restrictions either equal to or more restrictive than the LMI income limits
for that county), the project may meet the LMI national objective through limited clientele.
w. Limited Clientele projects are those that exclusively serve a group defined as limited
clientele. If this criterion is met, then no further LMI documentation, either by census or by
survey is necessary. If the project is not exclusive or designed for only that group or groups,
then LMI eligibility must be proven by another method.
b) Elimination of Slums and Blight
To prove this HUD national objective, a project must propose one of the two different methods.
1) The first method occurs when a structure is blighted; when it exhibits objectively determinable
signs of deterioration sufficient to constitute a threat to health, safety and public welfare.
For the City to participate in this activity it must, at a minimum, determine blighted structures by
applying existing dangerous building ordinance, building code level of violation or applicable
occupancy or habitability designation or code violation in a manner consistent with their
ordinance. The ordinance, code violation or designation must be applied to the specific
structure, not to the area as a whole. The predominance of blight in an area does not allow blight
to be assumed for each structure inside the area.
2) The second method covers area blight, and includes submitting a resolution passed by the
governing legislative body declaring the area blighted in accordance with 24 CFR 570. As
stated, the definition of the national objective elimination of slum and blight reads as follows.
The area meets the conditions of either (a) or (b):
a) At least 25% of the properties throughout the area experience one or more of the following
conditions:
1. Physical deterioration of buildings or improvements,
2. Abandonment of properties
3. Chronic high occupancy turnover rates or chronic high vacancy rates in commercial
or industrial buildings,
4. Significant declines in property values or abnormally low property values relative to
other areas in the community, or
5. Known or suspected environmental contamination.
b) The public improvements throughout the area are in a general state of deterioration.
15
c) Urgent Threat to Health and Safety
The use of the urgent need national objective is rare. It is generally used for activities to
alleviate emergency conditions. According to “Basically CDBG” Course Training Manual
examples include:
Acquisition of property located in a flood plain that was severely damaged by a recent
flood;
Public facility improvements like the reconstruction of a publicly-owned hospital that
was severely damaged by a tornado;
Demolition of structures that are severely damaged by a major earthquake;
Urgent need qualified activities must meet the following criteria:
The existing conditions must pose a serious and immediate threat to the health or welfare
of the community;
The existing conditions are of recent origin or recently became urgent (generally, within
the past 18 months);
The grantee is unable to finance the activity on its own; and
Other sources of funding are not available.
16
STEP 3 – ACTIVITIES THAT ARE ELIGIBLE
Section 105(a) of the Community Development Act and HUD regulations specified the activities
that are eligible for CDBG assistance. A general listing of eligible activities is below, and a
detailed description is provided in 105(a) of the Act and in 24 CFR 570.482.
1. Property Acquisition
2. Property Disposition
3. Property Clearance/Demolition
4. Architectural Barrier Removal
5. Senior Center
6. Community Facilities
7. Centers for the Handicapped
8. Historic Properties
9. Water Treatment/Storage
10. Sanitary Sewer Collection
11. Storm Sewers
12. Flood and Drainage Facilities
13. Streets (or Roads)
14. Street Accessories
15. Parking Facilities
16. Bridges
17. Sidewalks
18. Pedestrian Malls
19. Recycling or Conversion Facilities
20. Parks and Recreation Facilities
21. Fire Protection/Facility Equipment
22. Solid Waste Disposal Facilities
23. Other Utilities
24. Public Service/Supportive Services
25. Rehabilitation of Private Residential
Properties
26. Rehabilitation of Public Residential
Properties
27. Payments for Loss of Rental Income
28. Relocation
29. Code Enforcement
30. Energy Use Strategy
31. Non-Federal Share Payment
32. Interim Assistance
33. Planning
34. Commercial or Industrial Facilities
35. Administration
36. Engineering/Design
37. Housing Rehab/Demo Inspection
38. Engineering/Construction Inspection
39. Airports
40. Natural Gas Lines
41. Electrical Distribution Lines
42. Rail Spurs
43. Lighting
44. Other Professional Services
45. Security Fencing
46. Site Preparation
47. Purchase Land/Building
48. Facility Construction Renovation
49. Machinery/Equipment
50. Working Capital
51. Sewage Treatment
52. LDC Homeownership Assistance – up
to $15,000 to purchase a new home
53. Legal
54. 911 Emergency Systems
55. Homeowners Assistance- up to $5,000
to purchase an existing DSS home
56. Lead-Based Paint Risk Assessment
57. Asbestos Removal
58. Job Training
59. Home-Ownership Counseling
60. Substantial Reconstruction of Private
Residential Properties on Same Lot-
Up to $15,000
61. Water Distribution
62. Lead Reduction NOT incidental to
Rehab
63. Asbestos Inspection
Pursuant to 24 CFR 570.207 Ineligible Activities are as follows:
1) Maintenance or operation costs. **
2) General government expenses.
3) Political activities.
4) Improvements to city halls and courthouses, except those required to meet the Americans
with Disabilities Act. Note: CDBG funds used for ADA projects may only convert existing
facilities to accessibility. CDBG funds may not be used to add new facilities.
5) Purchase of equipment, except for fire protection, public services, landfills or recreation.
6) Income payments, except for loss of rental income due to displacement.
7) Application preparation costs or a bonus award for writing a successful application.
8) Religious purposes.
** Maintenance and Operation Costs: Any cost that recurs on a regular basis (generally, less than
five years) is considered a maintenance or operation cost, therefore ineligible for CDBG
assistance.
STEP 4 – COMPLY WITH OTHER FEDERAL REQUIREMENTS
ENVIRONMENTAL REVIEW
Each year an Environmental Review Record must be completed for each project in order to meet
the Environmental Review Requirements set forth at 24 CFR Part 58. All projects will publish
appropriate notices (including HUD 8-Step Process), submission of the Request for Release of
Funds and Certification and Authority to Use Grant Funds will be issued by HUD prior to
commencing with project activities.
FAIR HOUSING, ACCESSIBILITY, AND EQUAL EMPLOYMENT
The City and any sub-recipient(s) must adhere to all the basic tenets of fair housing and equal
opportunity regulations. Recipients are prohibited from practicing discrimination on the grounds
of race, color, national origin, religion, sex, handicap, or familial status.
This prohibition applies to all project contractors or subcontractors. Beneficiary information
should be determined and demographic data compiled, with this information made available in
the project file for public review.
The following is a detailed listing of laws applicable to the CDBG program.
Federal and State Laws and
Regulations (included amendments)
Fair Housing &
Nondiscriminati
on
Accessibility
Equal
Employme
nt &
Contractin
g
Title VI of the Civil Rights Act of 1964 X
Title VIII of the Civil Rights Act of 1968
(The Fair Housing Act)
X X
Restoration Act of 1987 X
Section 109 of Title 1 of the Housing and
Community Development Act of 1974
X X
The Fair Housing Amendment Act of
1988
X
The Housing for Older Persons Act of X
1995 (HOPA)
The Age Discrimination Act of 1975 X
Section 504 of the Rehabilitation Act of
1973
X X X
The Americans with Disabilities Act of
1990 (ADA)
X X X
Executive Order 11063 X
Executive Order 11259 X
Section 109 of Title I of the Housing and
Community Development Act of 1974
X X
The Equal Employment Opportunity Act X
The Immigration Reform and Control Act
(IRCA) of 1986
X
The Uniform Guidelines on Employee
Selection Procedures adopted by the Equal
Employment Opportunity Commission in
1978
X
Section 3 of the Housing and Urban
Development Act of 1968, as amended
X
The Vietnam Era Veterans’ Readjustment
Act of 1974 (revised Jobs for Veterans
Act of 2002)
X
Executive Order 11246 X
24 CFR Part 85 (the Common Rule): X
A. Fair Housing
As part of HUD’s certification the City is required to complete an analysis of impediments to fair
housing choice. Although not part of the consolidated plan, the City must certify that it
completed the analysis, is taking appropriate actions to overcome the effects of any impediments
identified and maintain records reflecting the analysis and related actions.
The most recent Analysis of Impediments was completed in March 2013. The following
impediments were identified for the City:
Lack of Adequate Funding Allocated for Fair Housing Enforcement and Outreach
Activities.
Lack of Fair Housing Awareness
Inadequate Information and Awareness of the City’s Housing Programs
Lack of Fair Housing Testing to Determine Where Fair Housing Discrimination is
Taking Place.
Concentration of Affordable Rental Housing in Certain Neighborhoods with
Higher Minority and Low Income Populations.
Need for ADA Education and the Lack of Availability of Housing for Persons
with Disabilities.
Lack of Specific and Comprehensive Planning Efforts Around Affirmatively
Furthering Fair Housing in the City of Jefferson.
Actions in addressing the above identified impediments should be implemented through the
Consolidated Plan and/or Action plan.
B. Handicapped Accessibility
The City shall abide by HUD regulations in Section 504, HUD’s implementation of the
American with Disability Act (ADA). The City is to conduct a self-evaluation of accessibility to
determine their current programs, services, polices, and practices meet the requirements of
Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act.
C. Equal Employment Opportunities
Congress established Section 3 to ensure that the employment and other economic opportunities
generated by Federal financial assistance for housing and community development programs
shall, to the greatest extent feasible, be directed toward low and very low income persons,
particularly those who are recipients of government assistance for housing.
Section 3 applies to training, employment, contracting and other economic opportunities that are
in connection with the CDBG funds. Contractors and subcontractors providing a service on
projects for which the total amount of federal assistance exceeds $200,000 and the amount of the
contract or subcontract exceeds $100,000 are required to comply with Section 3.
PROCUREMENT
According to the table below, it appears that the City procurement policy is stricter than CDBG’s
procurement policy. Therefore, City procurement policy will take precedence*.
City of Jefferson HUD Requirements HUD Requirement Notes
$3,000 or less without
competitive bids. See Below
$3,000 and not more
than $25,000 requires
quotations or telephone
bids from at least 3
vendors
3 written quotes should
be obtained for all
purchases up to
$100,000.
Award should be made to the lowest
responsive and responsible source.
Over $25,000 requires
advertise for sealed bids
allowing 14 days before
bids are received and
opened. Lowest and best
bid submitted by
responsible bidder
meeting specifications
will be recommended for
award.
Over $100,000 a)
Competitive Sealed Bids.
Publish one time in
widest circulation paper.
b) Competitive Proposals
for professional services
All bids must be opened publically at
the time and place stated in the
invitation for bids. A firm-fixed price
contract award must be made in
writing to the responsive bidder whose
bid is lowest, most responsible and
responsive. All unsuccessful bidders
must be notified in writing.
*If City is awarded funds from State CDBG program MO Department of Labor procurement
rules apply.
Non-competitive proposals may be used only when the award of a contract is infeasible under
small purchase procedures, sealed bids, or competitive proposals and one of the following
circumstances applies:
1. Where the item is available only from a single source;
2. Where a public emergency or urgent situation is such that the urgency will not permit a
delay beyond the time needed to employ one or the other procurement methods; or
3. Where after solicitation of a number of sources, competition is determined inadequate.
When bidding out projects with HUD funds must ensure that the equal opportunity housing
symbol is included within the publication.
A. Conflict of Interest
The following is information from the City’s Purchasing Policy and Procedures Manual.
It shall be unethical for any city employee to participate directly or indirectly in a procurement
contract where the city employee knows that:
a. The city employee or any member of the city employee’s immediate family has a
financial interest pertaining to the procurement contract; or
b. Any other person, business, or organization with whom the city employee or any
member of a city employee’s immediate family is negotiating or has an
arrangement concerning prospective employment is involved in the procurement
contract.
A city employee or any member of a city employee’s immediate family who holds a financial
interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to
matters pertaining to that financial interest.
Note: Personnel Policy
Section 20-5 Conflict of Interest
No employee of the municipal service shall hold a financial interest in a firm, institution,
corporation, or other establishment supplying goods or services to the city. No employee shall be
employed in any capacity with a firm, institution, corporation or other establishment supplying
goods or services to the city when that capacity means the possession, direct or indirect, of the
powers to direct or cause the direction of the management and policies of that organization. No
employee shall receive any payment, gifts, favors, or other consideration from any person, firm,
institution, corporation, or other establishment supplying goods or services to the city.
Section 20-6 Penalties
Any employee found guilty of any violation of this section shall be subject to any disciplinary
action up to and including dismissal as defined by these rules and such other penalties as may be
deemed appropriate and consistent with the laws of the City of Jefferson and the State of
Missouri.
B. Excluded Parties
Prior to making any award (sub grant or contract) the organization must be checked for
debarment, suspension or otherwise excluded from participation in Federal assistance programs
under Executive Order 12549, “Debarment and Suspension.”
Contractor must be cleared through the following links:
a. Secretary of State’s website. Check and see if they are registered to do business in
the State. For this website you will have to have to know exactly how they
registered their company. www.sos.mo.gov/BusinessEntity/soskb/csearch.asp
b. HUD’s debar website. Click on Limited Denial of Participation list & if nothing
shows up for the company they are not debarred with HUD.
http://portal.hud.gov/hudportal/HUD?src=/topics/limited_denials_of_participation
c. State debar website
http://www.labor.mo.gov/DLS/PrevailingWage/debarment_list.asp
CONTRACT MANAGEMENT
Contract management is a large part of any project’s success. It is important that all parties in a
contract are held to the roles and responsibilities for which they are receiving payment. Project
delays or problems are often the result of misunderstandings, assumptions of the responsibilities
of different parties in a contract, or of parties not performing their work to a standard. To correct
these problems, contract language must be clear and must take the management of the contracts
seriously as a working role.
Before entering into a contract you must ensure that all contracts are written so that they are
based on a lump sum or unit price. Please be careful of any hidden or unexpected costs or
additional fees that may have been added to the contract. Such fees may include per hour
additional fees for surveying, obtaining easements, etc. Often grantees may think these costs are
part of the base contract and have not allowed for the additional cost in their budget.
A. Contract Content
According to 24 CFR 85.36(i) contract provisions, a grantee's and subgrantee's contracts must
contain provisions listed below. Federal agencies are permitted to require changes, remedies,
changed conditions, access and records retention, suspension of work, and other clauses
approved by the Office of Federal Procurement Policy.
1. Administrative, contractual, or legal remedies in instances where contractors violate or
breach contract terms, and provide for such sanctions and penalties as may be
appropriate. (Contracts more than the simplified acquisition threshold)
2. Termination for cause and for convenience by the grantee or subgrantee including the
manner by which it will be effected and the basis for settlement. (All contracts in excess
of $10,000)
3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal
Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967,
and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All
construction contracts awarded in excess of $10,000 by grantees and their contractors or
subgrantees)
4. Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in
Department of Labor regulations (29 CFR part 3). (All contracts and subgrants for
construction or repair)
5. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by
Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of
$2000 awarded by grantees and subgrantees when required by Federal grant program
legislation). Davis-Bacon does not apply to the rehabilitation of residential structures
containing less than eight units or force account labor.
6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards
Act (40 U.S.C. 327A 330) as supplemented by Department of Labor regulations (29 CFR
part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000,
and in excess of $2500 for other contracts which involve the employment of mechanics
or laborers)
7. Notice of awarding agency requirements and regulations pertaining to reporting.
8. Notice of awarding agency requirements and regulations pertaining to patent rights with
respect to any discovery or invention which arises or is developed in the course of or
under such contract.
9. Awarding agency requirements and regulations pertaining to copyrights and rights in
data.
10. Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller
General of the United States, or any of their duly authorized representatives to any books,
documents, papers, and records of the contractor which are directly pertinent to that
specific contract for the purpose of making audit, examination, excerpts, and
transcriptions.
11. Retention of all required records for three years after grantees or subgrantees make final
payments and all other pending matters are closed.
12. Compliance with all applicable standards, orders, or requirements issued under section
306 of the Clean Air Act (42 U.S.C. 1857 (h)), section 508 of the Clean Water Act (33
U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations
(40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of
$100,000).
13. Mandatory standards and policies relating to energy efficiency which are contained in the
state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act (Pub. L. 94A 163, 89 Stat. 871).
[53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995]
B. Common Rules Regarding Contracting
1. All services, professional, or construction, paid in whole or in part with CDBG funds,
require the execution of a formal contract.
2. The use of CDBG dollars, regardless of the amount, for payment of any service under
contract in a grant, initiates the contracting requirements described. The total amount of the
contract will often indicate the proper documentation to be included in the contract.
3. All contracts should contain a clear, concise, and detailed description of the:
scope of work
total cost
duration or life of the contract
compliance requirements
reporting responsibilities
contract content paragraphs listed above
4. If proposals involving architectural/engineering professional services are evaluated with
respect to factors other than price, can the program participant document the basis for
negotiation of fair and reasonable compensation?
C. Acceptable Contract Cost Structures
All construction contract fees shall be based upon a lump sum or unit price. All professional
service contracts shall be based upon a lump sum or a cost-plus-fixed-fee. Cost plus a percentage
of cost and percentage of construction cost methods are prohibited.
D. Alternative Deductibles/Alternate Add-Ons In Construction Bidding
In an effort to remain flexible in the bidding process for construction activities, the grantee may
set in place alternative deductibles or alternate add-ons. These items must be clearly marked as
such and, in the event of bids received over budget, may be “deducted” from the scope of the
project, or in the event of bids received under budget, may be “added” to the scope of the project.
All alternative deductibles/additions must be assigned a number in order of preference to be
eliminated/added. Any elimination/additions of these items must follow that numerical guide
(e.g., Item #2 may not be deducted/added prior to Item #1). No items may be eliminated/added
from a bid process if they were not initially indicated as an alternative deductible or alternate
add-on. Alternate deductibles should include, but not be limited to, items the grantee may be able
to complete on its own or items that would not have an adverse affect on the project if omitted.
E. Addendum Procedure
If changes or additions to the bid packet must be made prior to the bid deadline date, an
addendum must be executed. The addendum must spell out the change or addition and must be
distributed to all interested bidders. This action must not take place later than 72 hours prior to
the bid submission deadline. If this time period is not possible, the addendum may be distributed
and the deadline may be delayed exactly one week. All bidders obtaining bid documents must be
made aware of all addenda in order not to interrupt the procurement procedure.
F. Amendment Procedure
If, during the life or duration of any formal contract, the parties agree to a change in the design,
duration, cost, or any of the terms of the contract, a formal amendment may be executed. For this
amendment to be valid and recognized by CDBG, it must be in writing, signed, and attested by
both parties and attached to all original contract documents. The grantee may require review by
their attorney prior to implementing the process. Any changes or change orders that directly
affect the use of CDBG dollars, the scope of the project, or greatly changes the duration of the
contract should be reviewed prior to execution.
Reports should be prepared and submitted by each contractor whenever it is determined that any
change in the design, cost, or duration of the project is necessary.
G. Award of Contract
Awarding contracts using CDBG funds shall be completed in the same manner as if using local
funds. The required process for entering into contracts should be reviewed and used for CDBG
projects.
H. Federally Debarred Contractors
Before signing a contract with a proposed contractor, the grantee must ensure that the contractor
is not on the Federal listing of Contractors Unable to Perform Work Under a Federally
Sponsored Project at
http://portal.hud.gov/hudportal/HUD?src=/topics/limited_denials_of_participation. Click on
Limited Denial of Participation list & if nothing shows up for the company then they are not
debarred with HUD.
I. Contractors Licensed To Do Business In Missouri
All professional service contracts and construction contracts paid for with CDBG funds must use
firms/businesses that are licensed to operate in the State of Missouri. No grant funds will be
released to pay businesses that do not hold this license. Check
www.sos.mo.gov/BusinessEntity/soskb/csearch.asp and search for the company’s name which
has to be exactly how they registered with the State.
J. Businesses In Good Standing With The Secretary Of State
All licensed businesses must be in good standing with the Secretary of State’s office. State debar
website http://www.labor.mo.gov/DLS/PrevailingWage/debarment_list.asp
K. Department Of Treasury’s Listing Of Approved Sureties
The bonding company used by the contractor to provide payment and performance bonds must
be listed with the Department of the Treasury's Listing of Approved Sureties.
http://www.fms.treas.gov/c570/c570_a-z.html
L. Internal Control
Proper internal control for each contractor may include a contract file that includes the following:
A signed contract and amendments or change orders;
A schedule of payments supported by:
– Copies of time sheets or payroll records;
– Copies of checks or transfer notifications; and
– Copies of invoices;
All project-related correspondence;
Property records (where appropriate);
Any notice of cancellation, termination, or suspension of the contract;
All field inspection reports and employee interviews; and
Other data as required by the recipient to properly administer the contract.
M. Engineer/Consultant’s Certificate of Completed Work
A copy of the Certificate for Acceptance, and Final Payment, signed by the project
engineer/consultant, must be obtained prior to closeout. This certificate must cover all work
included in the project (regardless of funding source), including grantee cash and in-kind. The
certificate must state that work has been completed in accordance with drawings and
specifications and is functioning properly with the recommendation for Final Payment.
LABOR STANDARDS
Construction work that is financed in whole or in part with CDBG funds must adhere to certain
Federal labor standards requirements. Additional information can be found at
https://www.onecpd.info/resources/documents/Module3_FLS_Contents.pdf.
A. Davis-Bacon Act
The Davis-Bacon Act (40 USC, Chapter 3, Section 276a-276a-5; and 29 CFR Parts 1, 3, 5, 6 and
7) is triggered when construction work over $2,000 is financed in whole or in part with CDBG
funds. It requires that workers receive no less than the prevailing wages being paid for similar
work in the same area. Davis-Bacon does not apply to the rehabilitation of residential
structures containing less than 8 units or force account labor (construction carried out by
employees of the grantee).
HUD’s Office of Labor Relations Letter No. LR 2009-01 Davis-Bacon applicability to
demolition work states demolition, by itself, is not necessarily considered to be construction,
alteration, or repair (i.e. activities to which Davis-Bacon requirements may apply). As a result,
Davis-Bacon wage requirements are not typically triggered by demolition work, alone. However,
if subsequent construction at the site is planned as part of the same contract or if subsequent
construction is contemplated as part of a future construction project, then the demolition work is
considered to be part of the overall construction project. In such cases, if the subsequent
construction work is subject to Davis-Bacon requirements, then the demolition world likewise be
covered by Davis-Bacon requirements. Additional information can be found at
http://portal.hud.gov/hudportal/documents/huddoc?id=DOC_14999.pdf.
B. Copeland Anti-Kickback Act
The Copeland Anti-Kickback Act (40 USC, Chapter 3, Section 276c and 18 USC, Part 1,
Chapter 41, Section 874; and 29 CFR Part 3) requires that workers be paid weekly, that
deductions workers’ pay be permissible, and that contractors maintain and submit weekly
payrolls.
C. Contract Work Hours and Safety Standards Act
The Contract Work Hours and Safety Standards Act (40 USC, Chapter 5, Sections 326-332; and
29 CFR Part 4, 5, 6 and 8; 29 CFR Part 70 to 240) applies to contracts over $100,000 and
requires that workers receive overtime compensation ( time and one-half pay) for hours they
have worked in excess of 40 hours in one week. Violations under this Act carry a liquidated
damages penalty ($10 per day per violation).
D. Section 3 of the Housing and Urban Development Act of 1968
Section 3 of the Housing and Urban Development Act of 1968, as amended requires the
provision of opportunities for training and employment that arise through HUD-financed projects
to lower-income residents of the project area. Also required is that contracts be awarded to
businesses that provide economic opportunities for low- and very low-income persons residing in
the area.
E. Missouri Prevailing Wage Law
Missouri's Prevailing Wage Law establishes a minimum wage rate that must be paid to workers
on public works construction projects in Missouri, such as bridges, roads, and government
buildings. The prevailing wage rate differs by county and for different types of work.
The Prevailing Wage Law applies to all public works projects constructed by or on behalf of
state and local public bodies.
ACQUISITION AND RELOCATION
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA)
generally applies to projects involving acquisition, rehabilitation or demolition of real property.
In some cases, the use of CDBG funds in a project involving demolition or conversion of lower
income dwellings may also trigger another Federal law under Section 104 (d) of the Housing and
Community Development Act of 1974.
Refer to 49 CFR Part 24 or HUD Handbook 1378 for policy and guidance on implementing the
URA.
STEP 5 - ADDRESS FINANCIAL AND ADMINISTRATIVE REQUIREMENTS
ADMINISTRATION & PLANNING
CDBG funds can be used for administrative and planning activities. Funds under these
categories are subject to the 20% statutory limitation.
The following are eligible administrative activities:
General management, oversight and coordination
o Providing local officials and citizens with information about the CDBG program;
o Preparing budgets and schedules;
o Preparing reports;
o Monitoring program activities
Fair Housing Activities;
Indirect costs; and
Submission of applications for Federal programs.
Eligible planning activities are the following:
Comprehensive plans;
Community development plans (i.e. Consolidated Plan);
Functional plans (i.e. land use, economic development, floodplain management,
transportation, historic preservation, etc.).
Other plans and studies (i.e. neighborhood plans, capital improvements, individual plans,
historic preservation studies, etc.).
Any costs and time charged must be documented through the appropriate means such as
invoices, receipts, time and attendance records, etc. Documentation shall be kept on file and will
be reviewed at financial monitoring.
Under this category, CDBG funds may not be used for the following activities:
Engineering, architectural and design costs related to a specific project; or
Other costs of implementing plans.
These costs may be eligible as part of an eligible project.
CALCULATING PLANNING AND ADMINISTRATION CAP
In accordance with 24 CFR 570 planning and administration costs are capped at 20% of the sum
of grant plus program income plus reallocated funds.
Calculating the cap example:
Total grant amount $227,500
Program income & reallocated funds $2,500
Total: the basis for calculating the cap $230,000
Multiplied by 20 percent X 0.20
Maximum dollar level that may be charged $46,000
TIMELY DISTRIBUTION OF FUNDS
CDBG funds are to be distributed in a timely fashion. Timeliness refers to how quickly funds
are able to be committed and expended. It is vital that every effort is made to quickly distribute
and use funds.
Timeliness is defined as the annual grant being obligated within 15 months of the City signing a
grant agreement with HUD.
If the City was to award funds to subgrantees, obligation means the date which the City officially
announces the selection of its awards to the subgrantee. Obligation could mean the following:
Contract;
Letter;
Press release;
News announcement; and/or
Public Notice.
Currently there are no timely regulatory requirements in either the statute or regulations. HUD
tracks expenditures through the Line of Credit Control System (LOCCS). Through this system
several reports can be created by HUD staff such as the Ratio of Unexpended Funds to Grant,
Ratio of Funds Expended in the Last 12 Months to Grant, Expenditure Report and National
Chart.
PROGRAM INCOME
Program income is the gross income received by the City of Jefferson which was directly
generated from the use of CDBG funds. Program income is treated as additional CDBG funds
subject to all requirements.
Examples of program income include:
Proceeds from the sale or lease of property purchased or improved with CDBG funds;
Funds collected through special assessments on properties not owned and occupied by
LMI households in order to recover the CDBG portion of a public improvement.
Program income does not include:
Any income received in a single year the City and its subgrantees, that does not exceed
$35,000; and
Amounts generated and kept by a nonprofit development organization under 105(a)(15).
Program income must be disbursed prior to the drawdown of additional funds from IDIS.
Therefore program income works on a last in first out scenario.
UNIFORM ADMINISTRATIVE REQUIREMENTS
In accordance with 24 CFR Part 85 the City of Jefferson must adhere to certain administrative
requirements. These requirements include OMB Circular A-87 “Cost Principles for State, Local
and Indian Tribal Governments”. This circular establishes principles and standards for
determining allowable costs under Federal grants.
Non-profits are required to comply with OMB Circular A-122 “Cost Principles for Non-Profit
Organizations”. This circular establishes principles for determining allowable costs under
grants, contracts and other agreements with nonprofit organizations.
In addition, local governments and nonprofit organizations are required to comply with OMB
Circular A-133 “Audits of Institutions of States, Local Governments and Nonprofit Institutions”.
For additional information on uniform administrative rules for Federal grants and cooperative
agreements visit http://www.hud.gov/offices/lead/library/lead/24_CFRPART_85.pdf
AUDIT REQUIREMENTS
The City of Jefferson’s fiscal year runs from November 1 through October 31. Each year since
1996 the City has been awarded the prestigious national Certificate of Achievement for
Excellence in Financial Reporting. In order to be awarded a Certificate of Achievement, the City
must publish an easily readable and efficiently organized CAFR whose contents conform to
program standards. The CAFR must satisfy both generally accepted accounting principles and
applicable legal requirements.
At this time, the City does not grant out the CDBG funds to sub-recipients. If in the future this
changes, the City of Jefferson will put measures in place to ensure that the sub-recipients are
aware of federal expenditure thresholds of $500,000, audit requirements, timeframes, and
applicable OMB principals.
CITIZEN PARTICIPATION
The City shall follow its Citizen Participation Plan. Any changes to this plan shall be approved
by the City Council. The City shall hold public hearings at least two times per year and
encourage public participation during preparation of the five year Consolidated Plan, Annual
Action Plan and the Consolidated Annual Performance Evaluation Report (CAPER).
RECORD RETENTION PERIOD
Under the uniform administrative requirements of the CDBG regulations, the City is required to
retain CDBG records for a period of not less than four years. The record retention period begins
from the date of submission of the CAPER in which the specific activity is reported on for the
final time rather than from the date of submission of the final expenditure report for the award.
To be consistent with Consolidated Plan regulations, which require that grantees maintain
information and records relating to the Plan and the use of funds under the programs covered by
the Consolidated Plan, record(s) must be maintained for a period of not less than five years.
INTERNAL CONTROLS
The CDBG program is administered by the Redevelopment and Grants Division within the
Planning and Protective Services Department. Other individuals and/or departments play a key
role in the day to day of the CDBG program such as the City Administrator, City Counselor,
Director of Department of Planning and Protective Services, Purchasing Agent, Chief
Accountant, and Housing Inspectors.
The Neighborhood Services Coordinator serves as the Director of the Redevelopment and Grants
Division. See Table 1 for Organizational Chart. This position is under general direction of the
Planning and Protective Services Director. The Neighborhood Services Coordinator plans,
organizes and oversees the programs, services and operations of the Community Development
Block Grant Program.
Grant Assistant is under the direct supervision of the Neighborhood Services Coordinator. This
person is responsible for obtaining proper documentation for the homeowner support programs,
set up and management of the IDIS system and performs a variety of technical tasks relative to
assigned area of responsibility.
Senior Housing Inspector & Property Inspector assists with identifying code violations for the
Code Deficiency program. During the course of the program, if rehabilitation activities may
disturb lead based paint the Senior Housing Inspector will obtain a sample and complete a test to
determine if the sample contains lead based paint. Both individuals are EPA Lead Certified.
IDIS DRAWS
Beginning program year 2013 IDIS drawdowns will be completed at least quarterly or by the
first Friday of each month for expenditure of funds completed the prior month.
The following sequence is completed for preparation of a draw from HUD’s IDIS system:
1. Each month the department’s administrative assistant prepares supporting documentation
for the CDBG drawdown using Springbrook software.
2. The Neighborhood Services Coordinator and the Director of Planning & Protective
Services reviews and approves the drawdown package.
3. The drawdown and supporting documentation is referred to the Finance Department for
review and approval.
4. Then the approved/signed RFF is returned to the department for drawdown completion
from IDIS.
EQUIPMENT MANAGEMENT AND DISPOSITION
The following items are suggested for management and disposition guidelines for equipment
purchased with CDBG funds.
Maintain property records which contain: property description, serial number or ID
number, funding source (grant number), title holder, acquisition date and cost, percentage
of Federal participation in original acquisition cost, location, use and condition or
property, disposition date, date or disposal and sales prices.
Take a physical inventory of equipment and reconcile results with property records every
two years
Establish a control system for adequately safeguarding property against loss, damage, and
theft.
Establish maintenance procedures for keeping property in good condition.
When selling equipment purchased with CDBG funds, proceeds from sale must be kept
as program income.
Establish proper sales procedures to ensure highest possible return.
Must follow HUD disposition instructions when equipment is no longer needed.
STEP 6 - ENTER RESULTS INTO IDIS
The Grantee/PJ Project ID field will be utilized to include our in-house project numbers for each
property assisted with CDBG funds. By utilizing the Grantee/PJ Project ID field the City’s
records will be able to correlate, document and associate exactly how CDBG funds were spent.
The following is a listing of suggested project funding:
Code Deficiency = CD-01
Energy Efficiency = EE-01
Emergency Repair = ER-01
Down Payment = DP-01
Program files are kept for each individual applicant. Each file contains a checklist of items
required throughout each step of process. The files contain applications, income verifications,
Tier II Environmental Review, reports, correspondences, contracts, deeds, etc.
As part of the application process voluntary racial and ethnicity information is collected. The
information is then entered into IDIS by the time of the completion of the individual project.
For additional information regarding IDIS visit https://www.onecpd.info/resource/2825/idis-
training-modules-for-cdbg-entitlement-grantees/ .
STEP 7 – REPORT AND MONITOR PROGRESS
CALENDAR OF EVENTS
The following is a copy of events that were due for Program Year 2013. The reports and plans
have the same required submission time frame to HUD year after year.
January
1 Beginning of Program Year 13
31 SF – 425 Federal Financial Report Due for October 1 – December 31
February
15 Hold Public Hearing for CAPER PY 12
March
19 Last day of CAPER comment period
31 Section 3 Annual Report Due to HUD
31 CAPER due to HUD
31 Davis-Bacon Report (HUD 4710) for November 1 – March 31
31 100% of PY 12 Funds Obligated
April
10 State NSP & Mulberry Quarterly Report Due for January 1 – March 31
30 SF – 425 Federal Financial Report Due for January 1 – March 31
May
TBD
June
TBD Hold Public Hearing for Consolidated Plan/Action Plan Kick-Off
July
10 State NSP & Mulberry Quarterly Report Due April 1 – June 30
31 SF – 425 Federal Financial Report Due for April 1 – June 30
August
TBD
September
30 Last Day of Reporting Period for MBE/WBE Contracts over $10,000
30 Hold Public Hearing for 5 Year Consolidated Plan/Action Plan
October
1 Consolidated Plan 30 Day Public Comment Period Begins
10 NSP & Mulberry Quarterly Report Due July 1 – September 30
30 Consolidated Plan 30 Day Public Comment Period Ends
31 SF – 425 Federal Financial Report Due for July 1 – September 30
31 Davis-Bacon Report (HUD 4710) for April 1 – October 31
November
4 Council Approval by Resolution of Consolidated Plan and/or Annual Action Plan
15 Consolidated Plan/Action Plan Due to HUD
15 MBE/WBE Contract/Sub Contract Report Due 10/1/12 – 09/30/13
December
31 End of Program Year 13
31 90% of Program Year 13 Funds Obligated
MONITORING OF SUBRECIPIENTS
The Redevelopment and Grants staff shall monitor all Subrecipients to ensure program
compliance. Staff will utilize both “desk monitoring” and “internal/on-site” monitoring to assess
the quality of program performance over the duration of the agreement or contract.
Monitoring of Subrecipients shall concentrate on program, financial and regulatory performance
of the Subrecipients. In conducting a monitoring review, program staff will primarily rely on
information obtained from the subrecipient’s performance reports, records, audits, allowed costs,
review of financial reports, eligibility and number of beneficiaries served, compliance with
federal regulations and City program requirements. Staff may also consider relevant information
pertaining to a recipient’s performance gained from other sources including litigation, citizen
comments and other information provided by or concerning the subrecipient.
A subrecipient’s failure to perform under the terms of the agreement with the City of Jefferson
and/or maintain records in the prescribed manner may result in a finding that the subrecipient has
failed to meet the applicable requirement. If the staff finds that a subrecipient has failed to meet
the requirements the following steps will be taken:
1. Issue a letter of warning advising the subrecipient of the deficiency and putting the
subrecipient on notice that additional action will be taken if the deficiency is not
corrected or is repeated;
2. Recommend, or request the subrecipient to submit proposals for corrective actions,
including the correction or removal of the causes of the deficiency.
If the subrecipient fails to undertake appropriate corrective or remedial actions which resolve the
deficiency to the satisfaction of the program staff, the staff may take one or more of the
following actions. Such actions shall be designed to prevent a continuation of the performance
deficiency; mitigate, to the fullest extent possible, the adverse effects or consequences of the
deficiency; and prevent a recurrence of the deficiency. Prior to a reduction, withdrawal or
adjustment of a grant or other appropriate action, taken to pursuant to 1, 2 or 3 below, the
recipient shall be notified of such action and given an opportunity within a prescribed time
period for an informal consultation.
These actions may include but are not limited to:
1. Advise the subrecipient in writing that additional assurances are required;
2. Advise the subrecipient to suspend disbursement of funds for the deficient activity;
3. Advise the subrecipient to reimburse the City of Jefferson program account in any
amounts improperly expended.
The City of Jefferson shall have the same rights as the Secretary of HUD as to other remedies for
noncompliance per 24 CFR 570.912 and 24 CFR 570.913
CHAPTER 2: HOMEOWNER SUPPORT PROGRAMS
The Homeowner Support Programs includes Code Deficiency, Energy Efficiency, Emergency
Assistance Repairs and Down Payment Assistance. The purpose of the program is to assist low-
to-moderate income homeowners with repairs to meet health and safety standards; to provide the
opportunity to realize measureable energy savings; assist with emergency repairs and/or provide
down payment assistance to first time home buyers. Information on the programs can be found
at http://www.jeffcitymo.org/pps/redevelopmentgrants.html.
SECTION 1: HOMEOWNER SUPPORT PROGRAMS
Code Deficiency: Homeowners who live in houses within Jefferson City limits that need
exterior repairs and that do not meet city code. Maximum assistance per home is $5,000 total;
$1,000 grant and $4,000 no interest loan. Loans will be secured by a deed of trust. If the owner
remains in the property for five years after the repairs are complete, the loan will be forgiven.
Energy Efficiency: Homeowners who live within Jefferson City limits. Maximum assistance per
home is $5,000 total; $1,000 grant and $4,000 no interest loan. Loans will be secured by a deed
of trust. If the owner remains in the property for five years after the repairs are complete, the
loan will be forgiven.
Emergency Assistance Repairs: Emergency assistance must be necessary to safeguard against
imminent danger to human life, health or safety. Homeowners must live within Jefferson City
limits. Maximum assistance per home is $5,000 total; $1,000 grant and $4,000 no interest loan.
Loans will be secured by a deed of trust. If the owner remains in the property for five years after
the repairs are complete, the loan will be forgiven.
Eligibility & Assistance Amounts
Assistance is provided on a “first come, first served” basis to eligible applicants, a limited
number will be processed as funding permits. Maximum assistance is $5,000. If costs exceed this
amount, the owner is responsible for the difference.
1. The applicant households must be at or below 80% of the median family income as
defined by HUD to participate in the Homeowner Support Programs at the time their
application is processed.
2. The property must be located within the City Limits and not within a designated
floodplain area or on land known to be the site of previous dumping of toxic or hazardous
wastes. Mobile homes are not eligible.
3. The property must be owner-occupied and have clear title. Properties held by a life estate
are ineligible. The applicant must be current on their mortgage payments. The property
owner must have hazard insurance on the property in a sufficient amount to cover
existing liens, including the potential rehabilitation loan. If the property is owned by
more than one individual, all owners must sign required legal documents relating to the
rehabilitation project, including, but not limited to, the deed of trust and rehabilitation
contract, even if they do not reside in the property to be rehabilitated
4. The minimum project cost and assistance is $1,000.
5. After the $1,000 grant if the owner obligation is less than $500.00 no deed will be
recorded.
6. For properties constructed before 1978, the City’s approach to Lead Based Paint is to do
no harm. Testing may be conducted on surfaces to be disturbed, unless presuming the
surfaces contain lead-based paint. Surfaces disturbed during rehabilitation work will be
repaired. Safe work practices shall be used on all surfaces.
7. The applicant and/or the structure for which the application is being made cannot
previously have received a City of Jefferson Homeowner Support Program loan or grant
for owner occupied housing rehabilitation with the past 5 years. Participation in the
Emergency Assistance or Down Payment Assistance program does not exclude the
homeowner from the Code Deficiency or Energy Efficiency program.
8. The applicant must sign a Promissory Note and Deed of Trust for the loan amount.
9. Payment of real-estate taxes must be current.
10. If at any point during the steps the applicant does not provide required documentation
within requested time frames, he/she shall be notified of inactive status by mail or email.
11. Income qualification is good for six months at which time applicant must re-certify.
12. Should a project be determined infeasible for rehabilitation due to a lack of funding or
not meeting the eligibility criteria of any of the Homeowner Support Programs, the City
reserves the right to reject the owner’s application.
Income
The income of a household includes the gross annual income of all persons 18 or older in the
home who are expected to reside in the dwelling at least six months out of the year. The
applicant’s family includes the applicant and any other person or persons related by blood,
adoption, legal guardianship, and/or marriage that share the same dwelling unit. If more than one
family resides in a unit or where unrelated individuals are paying rent to the owner occupant,
than each family or unrelated individual must qualify as being income eligible. If there are
multiple owners of the property, the applicant is the owner-occupant and his/her family. The
annual income of each household is established by projecting income for 12 months from the
time applicant’s name is reached on the waiting list and includes all sources of income included
as Annual Income in the HUD Census Long Form Program definition of income. Applicants are
asked for proof of each source of income listed on their application. This may be accomplished
through signing an authorization for third-party verification, by submitting a certified copy of
their latest tax information, or by other approved methods acceptable to HUD and the City’s
Planning & Protective Services staff.
Repayment
No repayment of any kind is required as long as the recipient continues to own and occupy the
property for 5 years after assistance. In the event that the property receiving assistance is no
longer owned or occupied by the recipient within the 5 years, the balance shall be paid in full.
Eligible Costs
Funds are to be used for improvements deemed necessary by Planning & Protective Services
staff, including, but not limited to, one or more of the following:
1. Work necessary to meet code standards for the City of Jefferson and HUD.
2. Building permits and related fees.
3. Addressing lead-based paint hazards identified by a risk assessor.
4. HVAC equipment repair or replacement.
5. Energy efficiency improvements.
6. Structural repairs.
Note: All materials, fixtures, equipment, or landscaping shall be of a quality customarily used in
the neighborhoods for properties of the same general type as the property to be assisted.
Ineligible Costs
Except as otherwise provided in this section, funds shall not provide funding for adding rooms,
creating finished living space from unfinished areas (i.e., garages and basements), exterior
improvements such as fencing and landscaping, replacement of items determined to be in good
condition by Planning & Protective Services staff, and purchase and installation of appliances,
such as refrigerators, stoves, window air conditioning units.
Work Write Up
For the Code Deficiency and/or Emergency Assistance Program the City’s Housing Inspector
staff shall prepare a deficiency list and work write-up in accordance with the City’s Code
Standards, to document the work to be assisted with grant and loan funds.
For the Energy Efficiency Program a Department of Natural Resources Certified Energy Auditor
will conduct an energy audit of the home. The Energy Auditor will complete a report identifying
items or projects to complete in order to make the property more energy efficient. Based on this
report a work write-up will be determined.
Change Orders
The Planning & Protective Services staff, with the consent of the property owner, may approve
change orders to the work write-up if the amount of the contract is not increased more than
$1,000. Changes in excess of $1,000 must be approved by the Neighborhood Services
Coordinator, with the consent of the property owner. All change orders shall be prepared by the
Planning & Protective Services staff and shall be signed by the property owner, or the designated
representative of the property owner, a representative of the City Planning & Protective Services,
and the contractor.
Contractors and Bid Process
The Planning & Protective Services staff will develop a qualified contractor list containing the
names of all contractors meeting the eligibility requirements. Minority and female owned
contractors will be encouraged to participate.
In order to qualify for the list, contractors must meet the following requirements:
1. Must fill out the contractor application form.
2. Must carry Worker’s Compensation Insurance for all employees as required by the State
of Missouri.
3. Must carry liability insurance at the minimum amount of $100,000.
4. If undertaking lead abatement activities, the general contractor must have a current
supervisor’s license and abatement contractor’s license from the Missouri Department of
Health.
5. Must have completed an EPA approved Lead Renovator training before undertaking any
job disturbing lead painted surfaces.
6. All contractors must be properly licensed by the city.
7. Must be able to supply the tools and materials necessary to complete each job.
8. References may be requested for at least three jobs completed.
A. Non-Performing Contractors
Contractors who consistently exhibit poor workmanship or do not complete contract
requirements will be eliminated from the contractor list. Contractors who do not complete
their contracts within an allotted time period will not be eligible to submit bids for additional
projects until they are in compliance within the appropriate contract time period. Contractors
that do not honor the warranty provisions of their contract will be eliminated from the
contractor list.
B. Contractor Selection
1. Contractors will be asked to submit an itemized bid containing a firm amount for each
item on the work write-up for all housing repair programs. Homeowners are responsible
for obtaining at least 3 bids within 30 days. With written permission of the homeowners,
the City may mail bids to all contractors on the list.
2. A contractor is limited to three active contracts at a time through the Homeowner
programs. In all cases, the city reserves the right to reject any and all bids and reserves
the right to eliminate bid items to meet the maximum loan amounts.
C. Owner-Contractors
Owner-contractor projects are not allowed in the City’s Homeowner programs.
D. Time Frames for Contracts
The contract period for Homeowner program projects shall not exceed 90 days, except as
approved by Neighborhood Services Coordinator, and then shall not exceed 180 days without
penalty to the contractor. The contract period shall begin when Planning & Protective
Services staff provide contractor with the Notice to Proceed.
Application Procedures
Step 1
When applications are received the “Application Response Letter” is sent to notify confirmation
of receipt of application. Create file, assign project number and include copy of correspondence
letter.
If/when funds are available applicants are contacted within 30 days to schedule an interview
appointment to verify income and qualifications.
Income guidelines are updated annually. Income limits may be accessed at
http://www.huduser.org/portal/datasets/il.html. Each applicant file shall include print out of
annual Income Limits Summary.
The applicant(s) must provide the following for all adults 18+ years and shall be included in file
for compliance:
1. Social Security Card
2. Picture I.D.
3. Proof of income - use Computing Census Long Form Annual Income worksheet. Must
provide copy of past two paystubs and previous year Federal tax returns for all 18+ year
olds in household. If on SS or SSI the determination letter will work. Pension/benefit
letters may also be provided. See worksheet for additional incomes that require
documentation.
4. If there is an adult 18+ in the household who claims no income, the Certification of Zero
Income form must be filled out and signed by the individual.
5. Verify age of home through GIS System County Info for the purposes of determining if
Lead Based Paint is a concern.
6. Verify ownership via GIS (copy of Deed of Trust) County info.
7. Obtain from homeowner copy of utility bill (i.e. Ameren UE, water bill, land line phone
bill, etc).
8. Applicant(s) must sign and date both Eligibility Review Worksheet and Computing
Census Long Form Annual Income.
9. For properties constructed prior to 1978, provide applicant copy of Lead Based Paint
pamphlet and have Homeowner initial receipt.
10. Input income data into CPD Income Eligibility Calculator at
https://www.onecpd.info/incomecalculator/ and print off documentation for file.
11. Sign both forms and turn in to Neighborhood Services Coordinator for approval
signature.
12. Send Approval/Denial letter to applicant.
Step 2
Code Deficiency and Emergency Assistance programs request inspection from City Inspector. If
Code violations are found, continue with Step 3. If no Code violations are indicated, send
applicant denial letter (copy letter to file) based on findings. Planning & Protective Services
staff shall close file.
Energy Efficiency program will contract with a qualified Auditor to conduct energy audits and
assist homeowners in identifying cost-effective, energy saving measures. The Auditor will
provide a report that includes a list of energy saving measures in order of importance.
Step 3
Completion of the Tier II must be obtained prior to proceeding with the project. Upon receipt of
inspection report listing code violations or completion of energy audit report, a Tier II
Environmental Report including completing FEMA floodplain map to ensure that property is not
located within the 100 year floodplain, Historic Commission Assessment, SHPO Section 106
Project Information form and Site Assessment form. Once all compliance documents have been
compiled submit Tier II to Neighborhood Services Coordinator for approval. For properties
constructed prior to 1978 ensure that results of the Lead Based Paint test(s) are provided to the
homeowner.
Step 4
1. Send Request for Agreement and submit Promissory Note to the legal department.
2. Using the Inspector’s or Auditor’s report, fill out the bid form.
3. Give 4 copies to applicant. Applicant must obtain a minimum of 3 bids. Also include lien
waivers for subcontractors and suppliers. Must be given to contractor with bid sheet.
Contractor shall be secured within 30 days or applicant will be placed on “inactive” list.
If circumstances exist such as time of year (i.e. winter) additional time shall be allowed.
NOTE: Contractors must be licensed by the City of Jefferson and provide a certificate of
insurance. If project involves disturbance of lead based paint a Lead Certified contractor
must be used. A lead test prior to rehab, lead safe practices and a lead test post rehab are
required.
4. Contractor must be cleared through the following websites. Print off documentation and
include in file.
a. State’s website to check and see if they are registered to do business in the State.
For this website you will have to have to know exactly how they registered their
company. www.sos.mo.gov/BusinessEntity/soskb/csearch.asp
b. HUD’s debar website. Click on Limited Denial of Participation list & if nothing
shows up for the company they are not debarred with HUD.
http://portal.hud.gov/hudportal/HUD?src=/topics/limited_denials_of_participation
c. State debar website
http://www.labor.mo.gov/DLS/PrevailingWage/debarment_list.asp
5. Type up Tabulation of Bids to include within project file.
6. Submit bids, tabulation, debarment website information to Neighborhood Service
Coordinator for award of bid and contract issuance. The Neighborhood Service
Coordinator will confer with the Senior Housing Inspector to determine if bids are fair
and equal.
7. When the contractor has been chosen, the Applicant(s) must come in to sign the
following:
Agreement
Rehabilitation Contract (between homeowner & contractor)
Notice to Proceed
Promissory Note (must be notarized)
8. When work is complete, the City Inspector will return to site to approve/deny
completion. When approved, the Inspector will sign the Certificate of Completion and
submit to the Neighborhood Service Coordinator for final signature.
9. The Applicant(s) must come in to sign final documents:
a. Certificate of Completion
b. Deed of Trust
10. Submit check request. Be sure to have check returned to you. Include: Bid summary
and bids, Invoice, Certificate of Completion, Notice to Proceed. Make three copies.
Retain one for project files, submit one for Finance Department, Neighborhood Services
Coordinator receives one for IDIS drawdown.
11. Contact contractor when check received. Must come in to sign Lien Waiver. Must
bring lien waiver from subcontractors and suppliers, if any.
12. Record Deed of Trust and Promissory Note. When copy returned, close file, update
active/close spreadsheet and lien spreadsheet.
13. Grant Assistant(s) shall check lien spreadsheet periodically to determine if deed of
release is required to be recorded after the completion of the 5 year requirement has been
fulfilled.
SECTION 2: DOWN PAYMENT ASSISTANCE
Down Payment Assistance: First-time homebuyers who agree to acquire and reside in eligible
residential properties in Jefferson City limits may apply for down payment assistance prior to
closing. Maximum assistance per home is $5,000 total; $1,000 grant and $4,000 no interest loan.
Additional $500 may be available to assist with lead hazard reduction. Anything over $500 will
be the responsibility of the buyer or seller. Loans will be secured by a promissory note and deed
of trust. If the owner remains in the property for five years the loan will be forgiven.
Eligibility & Assistance Amounts
Assistance is provided on a “first come, first served” basis to eligible applicants, a limited
number will be processed as funding permits. Maximum assistance is $5,000. If costs exceed this
amount, the owner is responsible for the difference.
1. The applicant households must be at or below 80% of the median family income as
defined by HUD to participate in the Homeowner Support Programs at the time their
application is processed.
2. The property must be located within the City Limits and not within a designated
floodplain area or on land known to be the site of previous dumping of toxic or hazardous
wastes. Mobile homes are not eligible.
3. The property must be maintained as an owner-occupied residence. The property owner
must have hazard insurance on the property in a sufficient amount to cover existing liens.
If the property is owned by more than one individual, all owners must sign required legal
documents relating to the purchase.
4. The Assistance shall be five percent (5%) of the purchase price or $5,000, whichever is
less. An additional grant amount of $500 is also available to offset costs for lead hazard
reduction should this become an obstacle to use of home ownership assistance funds.
5. Applicants must be first time homebuyers (an individual and his/her partner/spouse who
have not owned a home in the past three years), displaced homemakers, or single parents.
A displaced homemaker is defined as an adult who has not worked full time, full year in
the labor force for a number of years, but during such years worked primarily to care for
his/her home and family, and who is unemployed and experiencing difficulty in obtaining
or upgrading employment.
6. The applicant must sign a Promissory Note and Deed of Trust for the loan amount.
7. The property to be purchased must be an existing single-family dwelling. The buyer must
own and reside in the home as his/her primary residence for a minimum affordability
period of 5 years. If the property is sold or rented within the initial 5 year period, the
assistance shall be repaid.
8. The buyer is required to obtain a home inspection from a certified home inspection firm
prior to being approved for assistance. The printed report must include, at a minimum,
inspection of the structural, mechanical, electrical, and plumbing components of the
dwelling and an inspection for the presence of termites.
9. The City’s assistance is to be used only for closing costs and down payment assistance.
Assistance cannot be used for items such as prepaid taxes, insurance.
10. Applications must be received 30 days prior to the scheduled closing.
11. Participation in a City-approved pre-purchase homebuyer’s class must be documented
prior to assistance being provided. Internet courses and/or videotapes for individuals
viewing cannot be substituted for class attendance.
12. The homebuyer shall authorize the City of Jefferson to collect and receive any
information needed from the lender or other sources necessary to ensure eligibility and
funding amount. Buyers shall authorize the City to be provided the final HUD Settlement
Statement and Warranty Deed 24 hours in advance of closing and shall be provided the
Buyer’s signed copy of both documents immediately after closing.
13. Should a home or applicant be determined infeasible for Down Payment Assistance due
to a lack of funding or not meeting the eligibility criteria, the City reserves the right to
reject the application.
Income
The income of a household includes the gross annual income of all persons 18 or older in the
home who are expected to reside in the dwelling at least six months out of the year. The
applicant’s family includes the applicant and any other person or persons related by blood,
adoption, legal guardianship, and/or marriage that share the same dwelling unit. If more than one
family resides in a unit or where unrelated individuals are paying rent to the owner occupant,
than each family or unrelated individual must qualify as being income eligible. If there are
multiple owners of the property, the applicant is the owner-occupant and his/her family. The
annual income of each household is established by projecting income for 12 months from the
time applicant’s name is reached on the waiting list and includes all sources of income included
as Annual Income in the HUD Census Long Form Program definition of income. Applicants are
asked for proof of each source of income listed on their application. This may be accomplished
through signing an authorization for third-party verification, by submitting a certified copy of
their latest tax information, or by other approved methods acceptable to HUD and the City’s
Planning & Protective Services staff.
Repayment
No repayment of any kind is required as long as the recipient continues to own and occupy the
property for 5 years after assistance. In the event that the property receiving assistance is no
longer owned or occupied by the recipient within the 5 years, the balance shall be paid in full.
Lenders Procedure
All participating lenders and sales agents must sign affidavits attesting to not practicing
predatory lending as defined by the Department of Housing and Urban Development.
Last Revised 9/10/2012
Families must be pre-qualified by a participating lending institution. The lender will be the
primary contact with the City of Jefferson and will forward copies of required documents to staff
of the Planning & Protective Services (see Lender Information, attached as Attachment “C”).
Lenders must willing to provide a copy of the Buyer’s underwriting file including, but not
limited to, signed and completed Underwriters Worksheet & Summary, all collected information
necessary to review and approve mortgage application.
Interest rates for participating buyers can be no more than three points above prime. If an
adjustable rate mortgage is proposed for a participating buyer, lenders must provide information
on the maximum loan rates for the buyer’s application to be considered. ARMs will be approved
as long as the maximum capped rates do not cause applicants to exceed the maximum allowed
program “front end” and “back end” ratios (35% and 45%). The total costs to close the mortgage
loan shall not exceed three points. City staff will provide all applicants with a HUD brochure on
predatory lending.
Costs directly or indirectly related as a result of sales price increases to cover the Buyer’s closing
costs, must have the prior approval of the Planning & Protective Services Department or become
ineligible.
Property Standards
Upon determining that an applicant meets eligibility criteria, a request for inspection will be
submitted to the program’s inspector, who will have up to two (2) weeks to schedule an
inspection of the property. This inspection must be completed prior to closing to determine if the
property meets requirements of the City’s Property Maintenance Code. Any defects found must
be corrected prior to the release of homeownership assistance funds. A re-inspection of the
subject property will be completed to ensure compliance with this requirement. Any code
compliant issue that the inspector determines poses a significant health and/or safety risk must be
corrected.
Houses built prior to January 1, 1978, must have an inspection to determine if deteriorated paint
exists. Should the amount of deteriorated paint be greater than HUD’s de minimis standards (10
square feet of exterior surface, one square foot of interior surface, or 10% of any building
component, i.e. window and door trim), samples will be sent to a lab for analysis. If the paint is
determined to contain lead above HUD’s level of concern, paint stabilization of deteriorated
surfaces is required before assistance can be provided. A grant of $500 is available to
participants for lead paint stabilization work. The stabilization must be completed by an
individual or company trained in safe work practices. No assistance will be provided until the
house successfully passes a clearance test performed by a certified lead risk assessor. The City
will cover the cost of two clearance tests. The cost of subsequent tests will be the responsibility
of the buyer or seller.
SECTION 3:
Grant Cancellation
An approved application may need to be canceled because the applicant has requested
cancellation or is unwilling or unable to participate in the Homeowner program, or for other
reasons. To cancel an approved application, the Planning & Protective Services shall prepare a
letter outlining the reasons for canceling the assistance and distribute the letter to the applicant. A
copy of this letter will be maintained in the project file.
Appeal & Grievance Procedures
1. Applicants who are not in agreement with a decision reached by the Planning & Protective
Services staff, may appeal said decision by filing a written appeal to the Housing
Rehabilitation Appeals Board (hereinafter called the “Board”), within thirty (30) days of
receiving notice of the decision. The Board shall consist of three (3) members: the Director
of the Department of Planning and Protective Services, the Director of Public Works and the
Director of Finance. Appeals will be reviewed that relate to application approval/denial,
Grant cancellation, determination of assistance amount, determination of scope of work,
approval of change orders, and selection of contractor.
2. The Board shall hold a hearing after due notice to the appellant within thirty (30) days of
filing said notice of appeal. The Board may affirm, reverse or modify the decision and notify
the appellant in writing of its decision and the reasons thereof. After the hearing, the Board’s
decision shall be the final procedure of the committee. The applicant may appeal the Board’s
final decision to the City Administrator. The City Administrator, with the advice of the City
Attorney, may reverse or uphold the decision of the Board.
3. Any person denied assistance by the Planning & Protective Services staff who does not take
exception with the findings, but who believes there are circumstances which, if known and
considered, would establish extreme hardship and justify variance from the eligibility
standards established herein may file an appeal with the Neighborhood Services Coordinator
by filing within thirty (30) days of receiving notification of the Planning & Protective
Services staff decision. The Neighborhood Services Coordinator shall, depending upon the
nature of the exception, forward such request to the Director of Planning & Protective
Services Director whose decision shall be final if the appeal involves an administrative
request. Where the change involves a substantial change in a program rule, the request will
be forwarded by the Department Director to the City Administrator, as is appropriate. Should
the appeal require Council action, the City Administrator shall forward such appeal to the
Council for action. The Planning & Protective Services staff shall provide assistance to any
person filing an appeal.
4. Grievances: The city will not consider any grievance involving rehabilitation work in cases
where:
A. Staff will assist program participants with grievances involving rehabilitation work
within the 1 year warranty period. Assistance will be in the form of access to information
regarding warranty, scope of work, and contractor responsibilities. Contractors that do
not honor legitimate warranty claims will be removed from the eligible contractor list
B. The certificate of acceptance was signed more than one year before the grievance process
is initiated; and the aggrieved party has not documented efforts to have the contractor
return to resolve the matter within the one-year guarantee period after the certificate of
acceptance was signed.
5. Right to Representation: A person has a right to be represented by legal counsel or other
representative in connection with his or her appeal, but solely at the person’s own expense.
6. Right to Files by Persons Making Appeals: The City will permit a person to inspect and
copy all materials pertinent to her or his appeal, except materials that are classified as
confidential. The City may, however, impose reasonable conditions on the person’s right to
inspect which are consistent with applicable laws, such as the cost of copying materials.
7. Scope of Review of Appeal: In deciding an appeal from the Board’s decision, the City
Administrator and/or the City Council shall consider all pertinent justification and other
material submitted by the person, and all other available information that is needed to ensure
a fair and full determination of the appeal.
8. Determination and Notification after Appeal: Within thirty (30) days after the receipt of all
information submitted by a person in support of an appeal, the Board shall make a written
determination on the appeal, including an explanation of the basis on which the decision was
made, and furnish the person a copy. The City official(s) conducting the appeal
determination shall not have been directly involved in the action appealed. If the relief
requested is not granted, upon additional request, the City shall advise the person of her or
his right to seek Department of Housing and Urban Development review of the City’s written
determination of the appeal. A person has 45 days after she or he receives the City’s written
determination of their appeal to file a review appeal with the Department of Housing and
Urban Development
CHAPTER 3: DEMOLITION
The purpose of this program is to eliminate structures posing an imminent threat to the health
and safety to neighborhoods.
Eligibility
1. The demolition program serves only homes located within Jefferson City limits.
2. Buildings eligible for demolition must be determined to be infeasible for rehabilitation at
$30 per square foot, must be documented as being vacant for at least one year as defined
by Section 104(d) of the Housing and Community Development Act, or be an imminent
threat to the health and safety of the neighborhood.
3. The final use of the property must be consistent with the City’s Consolidated Plan or
Neighborhood Plans.
4. Where the final use of the property is for redevelopment of a building that is
nonresidential, or is residential and includes the construction of eight or more housing
units, federal Davis Bacon prevailing wage rates apply to the project.
5. Properties held by a life estate are ineligible. Property must have clear title.
6. For City acquisition, properties will be purchased for the as is appraised value minus the
cost of demolition.
7. Properties located within the 100 year floodplain or floodway, deed restrictions will be
placed for future redevelopment in accordance with City floodplain ordinance.
Loan Terms
Loans are provided at 0% interest for the costs of demolition. If the property is redeveloped with
affordable housing as defined by the City of Jefferson and HUD, the demolition loan will be
fully forgiven.
If the property is not redeveloped within 3 years, unless located in floodplain or floodway, or is
not redeveloped with affordable housing as defined by the City of Jefferson and HUD, the loan
will be due upon title transfer.
Demolition Procedure
All federal, state, and local laws and regulations shall be followed by contractors during the
demolition and disposal of hazardous building materials.
1. Owner submits completed application to the Planning & Protective Services Department.
2. Application review for completeness and eligibility.
3. Rehabilitation feasibility analysis performed on structure. City staff determines if the
structure can be brought into compliance with the City’s property maintenance code for
$30s/square foot or less, and if the structure is an imminent threat to the health and safety
of the neighborhood. Staff also verifies documentation of the building being vacant for at
least one year as defined by Section 104(d) of the Housing and Community Development
Act.
4. The proposed use of the property will be used to consider the terms of the loan.
5. The City completes the environmental review of the proposed demolition site. This
review may take up to 90 days. All Conditions for Approval identified must be adhered to
and documented for compliance.
6. Work-Write Up and Procurement of Contractor
A. City staff develops a work write-up and secures bids from qualified contractors.
B. Applicants may secure demolition bids from qualified contractors, provided that
all City and HUD contractor requirements are met before the bid is awarded.
C. Contract shall not be awarded until Authority to Use Grant Funds is obtained
from HUD.
7. Agreement for Demolition
A. City staff prepares the Agreement containing the terms and conditions of the
funding assistance. This agreement shall be between the City and the property
owner and shall include the conditions of the closing and loan documents, and a
timeline for completion.
B. Non-Profits must execute a sub-recipient agreement.
C. Notice to proceed is provided to contractor/owner.
8. Construction Inspection Completion and Draw of Funds
A. City staff inspects the completed work.
B. Contractor provides support documentation to City staff for draw of funds
including but not limited to: invoices, lien waivers, and disposal tickets.
54
TABLE 1 ORGANIZATIONAL CHART
PLA NNIN G AND PROTECTIVE SERVICES
H .....,_...,... I
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~!r.O.T ii\ llUMWI I
REW/aOI'~OO & GRANl'S BUILDING & INS!'EcnON SERV;CES Mf'O ?LANNING
1--1 1Uielllkl00 5~~f01 I 1--1 ~llo·-J-Uif,\lf"..lolil! I I I
1--1 -.Jt11tNoW'Iloo..Jo u."NoiM I 1--1 _,.-j'Wk.l.-I
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f~~'mi:IOI I
H fll !&U!MI fln.l.101 I-·~ '
H !WI~W...._. I H !"V''.MT-.'-41ra;tus I
1--1 ~· ·= I 1--1 -. ...,~fGil~ I
H iloloiWI ... t ll>tnt" :::J 1--1 ~~ KIIWllJI' I
I ' I WJI.~IDI!!n. ---,
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-
Memorandum
320 East McCarty Street • Jefferson City , Missouri 65101 • P: 5 73 .634.64 10 • F: 573 .634 .6562 • www .jeffcitymo .org
Date: August 19 , 2013
To: Public Works and Planning Committee
From : David Bange P.E., Engineering Supervisor \)·? ~
Subject: Ash Street CDBG Project
City Staff is asking the Committee to recommend that the contract for this project be approved at a
single meeting of the City Council.
This project is currently out to bid and will provide for the reconstruction of the curb and gutter and
sidewalks in the 300 block of Ash Street , except for those in front of Prison Brews which have already
been replaced . Bids are scheduled to be opened on September 5th , and the bill for approval is planned
to appear on the Council Agenda on September 16 th _ Given the way the Council meeting fall , approving
the contract at a single meeting will allow the contractor to start the project approximately three weeks
sooner than if the typical schedule was followed . The project is scheduled to take 40 calendar days and
getting an earlier start will enable the project to be completed in early November and allow opportunity
to complete the required federal paperwork prior to the end of the calendar year .
This project is 100% funded by Community Development Block Grant funds, and improvements to
public infrastructure has been identified in the City 's CDBG Action Plans for many years . Sufficient
funds have been accumulated to move this "public improvement" project to construction . This project
provides an area benefit to low and moderate income neighborhoods, as required by the CDBG
program , and was also recommended by the Old Town Revitalization Company as a priority project.
If you need additional information please contact me.
DB : db
U:\Publ ic Works \Engineering \dbange\PUBLIC WORKS & PLANNING\2013\August 22 , 2013\Ash Street.docx
DRAFT
City County Cooperative Projects Proposal (January 2013)
MSP Related Projects
Old Towne Streetscape -Captial Ave (Adams -
Lafayette
sStadium & Jefferson Intersection at Hwy 54
Interchange (scope includes Christy and Monroe Street
in support of Cap Region Expansion)
Frog Hollow Road from Edgewood to Hwy 179 ,
including bridges and Creek Trail connection
Lafayette Interchange Related Projects -complete gap
from McCarty to Miller and construct roundabout at
Dunklin (traffic study indicates signal as best option)
Contingency in Support of Capita l Region Expansion
Plans with Stadium and Jefferson
Wildwood Extension from Edgewood to Rockridge Road
Total Project Costs
Combined Total Project Funding
$4,000,000
$600 ,000
$2,400,000
$2,300,000
$1,000,000
$700,000
$0
$11 ,000,000
If projects come in under budget or if grant funds become available for projects, excess funds will be used for other joint City/County
thoroughfare projects and emerging needs as may be jointly agreed upon.
Frog Hollow
Des ign $267,563 .50 (contracted by City)
Utiity Relocation & ROW $150,000 (estimate)
Construction $3,070,000 (estimate)
Total $3,487 ,563,5
August 2013
$4,000,000
$600,000
$2 , 162,436*
$3,487 ,564
$750,000
$0
$0
$11,000,000
*Stadium & Jefferson Interchange Add
$787,707 CAMPO STP
DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES
MEMORANDUM
TO: Public Works and Planning Committee
FROM: Janice McMillan, AICP, Director
DATE: August22,2013
RE: PPS Monthly Reports
Please find attached reports for building permits and food service inspections for July and the
year-to-date.
I I Summary of Building Permits Issued
Permit Type July June May Mar& Apr Jan & Feb YTD
2013 2013 2013 2013 2013
Nonresidential -New 2 0 0 1 2 5
Nonresidential-Additions, 8 10 9 20 25 72
Alterations
Residential -New 6 4 14 10 6 40
Residential -Alterations, Additions 20 22 24 31 19 116
Demolitions -Nonresidential 0 0 1 1 1 3
Demolitions -Residential 4 2 0 1 2 9
Total Building Permits* 40 38 48 64 55 245
* Does not mc/ude electrtca/, plumbmg or s1gn permits Issued
Summary of Food Service Inspections
Violations
Period AI/ Inspections Food Service Retail Critical Noncritical
July 2013 73 61 12 13 62
June 2013 76 64 12 5 74
May 2013 67 55 12 6 74
Apr & Mar 2013 135 116 19 8 132
Jan & Feb 2013 108 80 28 14 186
Year-to-date 386 315 71 33 466
Inspection Report July 2013
Establishment Type
Establishment Catagorv Routine Re-Inspections Field Visit Other
Food_Service ·
Restaurant 22 4 0 9
Caterer 0 0 0 0
School 0 0 0 0
Institution 0 0 0 0
Temporary Food Stand 21 0 0 0
Tavern 0 0 0 1
Senior Citizen 0 0 0 0
USDA Summer Feeding 0 0 0 0
Frozen Desert Estab. 0 0 0 0
Camps 0 0 0 0
Day Care 0 1 0 3
Frozen Dessert Estab. 0 0 0 0
43 5 0 13
Retaii_Food
Bakery -Retail 0 0 0 0
Bakery -Wholesale 0 0 0 0
Convenience Store 0 0 0 1
Meat Cutting 0 0 0 0
Frozen Dessert Est 0 0 0 0
Grocery Store 5 0 0 1
Catering 0 0 0 0
Manufactures 0 0 0 0
Distributors 0 0 0 0
Warehouses 0 0 0 0
5 0 0 2
Grand Total: 48 5 0 15
1
Violation Report
July, 2013
Establishment Address City ms Last lns~ection Critical Non-Critical
AMBERS CONCESSIONS DBA GATOR W AGC 805 HOUCHIN STREET JEFFERSON CITY 7/12/2013 0 0
COL TON'S STEAK HOUSE 2415 MISSOURJ BLVD JEFFERSON CITY 7/16/2013 1 2
DLPPIN DOTS 2300 BERNADETTE DR COLUMBIA 7/3/2013 0 0
JEFFERSON CITY PARKS & RECREATION 1439 RJVERSIDE DR JEFFERSON CITY 7/25/2013
JEFFERSON CITY PARKS & RECREATION 120 BINDER DR JEFFERSON CITY 7/23/2013 2 3
MISSOURJ PATRJOT FUND 104 DOUGLAS DRJVE JEFFERSON CITY 7/27/2013 0 0
ABB CAFETERJA 500 W HWY 94 JEFFERSON CITY 7/24/20 13 0 2
AMERJCAN LEGION 1423 TANNER BRJDGE RD JEFFERSON CITY 7/31/2013 0 3
BONES RESTAURANT 210 COMMERCIAL ST J EFFERSON CITY 7/26/2013 0 4
CULVER'S RESTAURANT 1920 JEFFERSON STREET JEFFERSON CITY 7/1/2013 0 2
FOUR WARD ENTERPRJSES 16511 S SCOTT RD PLEASANT HiLL 7/3/2013 0 0
FREDDY'S FROZEN CUSTARD 2103 MISSOURJ BOULEVARD JEFFERSON CITY 7/10/2013 0
HARDEE'S # 561 3601 COUNTRY CLUB DR JEFFERSON CITY 7/3/2013 0 3
HIBACHI GRiLL & SUPREME BUFFET 730 WEST STADIUM BOULEY ARD JEFFERSON CITY 7/17/2013 3 6
HOLMES ENTERPRJSES-TROPICAL SNO 3220 SW WARD LEE'S SUMMIT 7/3/2013 0 0
HYVEE FOOD STORE-DELI 3721 W TRUMAN BLVD JEFFERSON CITY 7/1/2013 0
HYVEE FOOD STORE-SPECIALTY MEATS 3721 W TRUMAN BLVD JEFFERSON CITY 7/1/2013 0
J PFENNY'S SPORTS GRJLL & PUB 217 EAST HIGH STREET JE FFERSON CITY 7/31/2013 0 3
JAMAJCAN JERK HUT 5100 SOCKEYE COURT COLUMBIA 7/3/2013 0 0
KECK'S LONGHORN ROOT BEER RT 2 BOX 126 ODESSA 7/3/2013 0 0
KETTLE KORN & MORE 126 ECOLAKE CIRCLE EUREKA 7/3/2013 0 0
KINDLE CONCESSIONS 1206 SOUTH CARR SEDALIA 7/3/2013 0 0
LEARNING CONNECTION CHILD DEY CENT 136 SCOTT STATION RD JEFFERSON CITY 7/11/2013 0 0
McALISTER'S DELI 2323 MlSSOURJ BLVD. JEFFERSON CITY 7/3/2013 0 0
MOBILE FOOD IN MOTION DBA SUN FLOWE 230 I PRJMROSE DRJVE #70 COLUMBIA 7/3/2013 0 0
MORTIMER KEGLEY'S 115 E HIGH ST JEFFERSON CITY 7/24/2013 4 8
NICK'S FAMlL Y RESTAURANT 500 AIRPORT RD JEFFERSON CITY 7/17/2013 0
OLD THYME FUNNEL CAKES P .O . BOX 1523 OSAGE BEACH 7/3/2013 0 0
PADDY MALONE'S 700 W MAIN ST JEFFERSON CITY 7/9/2013 1 1
RASCAL'S 99 MONROE RD ANDERSON 7/3/2013 0 0
RJCKMAN CENTER CAFETERJA 35I9 BENNETT LN JEFFERSON CITY 7125/2013 0 0
RJCKS CAFE LLC 200 MADISON STREET JEFFERSON CITY 7/9/2013 0 0
SAWADDEE THAI CUISINE 2215 MISSOURJ BOULEVARD JEFFERSON CITY 7/I5/2013 1 3
SECOND BAPTIST CHURCH 1623 EAST MCCARTY STREET JEFFERSON CITY 7/12/2013 0 0
SHEP'S SOUTHSIDE 2516 LAKEWOOD ROAD JEFFERSON CITY 7/3/2013 0 0
SMOKIN PIG 15925 S. 1345 ROAD STOCKTON 7/3/20I3 0 0
SONIC DRJVE IN 1711 EELMST JEFFERSON CITY 7/31/2013 0 3
SONIC DRJVE-IN 314 ELLIS BLVD JEFF ERSON CITY 7130/2013 0 5
STIR FRY 88 3600 COUNTRY CLUB JEFFERSON CITY 7/I/20I3 0 3
SUBWAY 724 W STADIUM BLVD JEFF ERSON CITY 7/18/2013 0
TABLE OF 5, LLC 12508 LONGWOOD ROAD HUGHESVILLE 7/3/2013 0 0
TACOS DORELI 505 ELLIS BOULEY ARD JEF FERSON CITY 7/4/2013 0 0
TARGET MARKET PLACE 735 W STADIUM BLVD JEFFERSON CITY 7/2/2013 0 0
TRUMAN HOTEL REST AU RANT I 5 I 0 JEFFERSON ST JEFFERSON CITY 7/3/2013 0 2
WALMART SUPER CENTER-BAKERY 724 W STADIUM BL YO JEFFERSON CITY 7/2/2013 0 3
WALMART SUPER CENTER-PRODUC E 724 W STADIUM BL YO JEFFERSON CITY 7/2/20I3 0
Grand Total: 13 62
Building Permits
Permit Listing
User:
Printed:
First Sort :
Second Sort:
astratman
08 /09 /2013-10:26 AM
Permit Class
(None)
Application No From:
Permit No From:
Gen CLast Name From :
Lot No From:
Tax Lot From:
Lot Zip Code From:
Cust No From:
To :
To :
To : Application D ate From:
To: Issue Date From: 07 /01 /2013
To: Completion Date From:
To: Expiration Date From :
To: Print Date From :
To:
To : 07 /3112013
To:
To:
To :
CITY OF JEFFERSON
JOHN G. CHRISTY MUN ICIPAL BUILDING
320 E McCarty St
Jefferson City, MO 65101-3193
Cust Last Name From : To : Tmp CO Exp Date From: To :
Permit Class: NONRESIDENTIAL
Permit Type: NRADDBLDG, NRALTBLDG, NRDEMBLDG, NRNEWBLDG
Penn it Statu s: Active , Closed
AppNo Permit No Permit Class Tax Lot General Contractor Name Cust No Customer Name Permit Status
Permit Type Lot No General Contractor Phone Lot Address Balance
0011521 BP13-0202 NONRESIDEN1 SAME AS APPLICANT 02418 8 AMF ELECTRICAL C ONTR Active
NRADDBLDG 017125 200 MADISON ST X JEFFERSON CITY MO $0 .00
0011522 BP13-0205 NONRESIDEN1 1001120001003( BEN SUTHOFF CONSTRUC1 040696 JIM LEWIS TIRE & WHEEL Active
NRNEWBLDG 026582 1300 MISSOURI BLVD JEFFERSON CITY $0 .00
0011546 BP13-0212 NON.RESIDEN1 SAME AS APPLICANT 023903 STARK CONSTRUCTION S Active
NRADDBLDG 015749 1241 W STADIUM BLVD JEFFERSON CITY MO $0.00
0011556 BP13-0217 NONRESIDEN1 SAME AS APPLICANT 022862 SEPTAGON CONSTRUCT!( Active
NRADDBLDG 017983 610 MADISON ST JEFFERSON CITY MO $0.00
0011558 BP13-0218 NONRESIDEN1 100725000 I 005( FORCK, LARRY CONSTRUC 047118 VEIT, SEAN Closed
NRALTBLDG 034620 0006592915 2314 LORENZO GREENE DR JEFFERSON CITY $0.00
0011560 BP13-0219 NONRESIDEN1 ZUMWALT CONSTRUCTION 023391 ZUMWALT CONSTRUCTIO Active
NRADDBLDG 015311 900 W MCCARTY ST JEFFERSON CITY MO $0 .00
0011561 BP13-0220 NONRESIDEN1 0508340004000( PROST BUILDERS, INC. 033345 Jefferson City Fire Admin Active
NRNEWBLDG 055760 302 ROCK HILL RD JEFFERSON CITY $0 .00
0011564 BP13-0233 NONRESIDEN1 1001110004001C AMF ELECTRICAL CONTRA 042866 AMERICAN TOWER CORP Active
NRADDBLDG 055908 2391 HYDE PARK RD JEFFERSON CITY $7 50 .00
BP-Permit Li stin g (08/09/20 13 -10:26 AM) Page 1
AppNo
0011565
0011567
0011598
11 Records
Permit No Permit Class Tax Lot General Contractor Name
Permit !ype Lot No General Contractor Phone
BP13-0221 NONRESIDEN1 1104170002007( SAME AS OWNER
NRALTBLDG 039334
SIGN13-0034 NONRESIDEN1 1105220003001< SAME AS APPLICANT
NRALTBLDG 055907
BPI3-0229 NONRESIDEN1 0907250000004( SAME AS APPLICANT
NRALTBLDG 007587
BP-Permit Listing (08/09/2013-10:26 AM)
Cust No Customer Name
Lot Address
039036 Jefferson City Housing Autho1
605 CHERRY ST JEFFERSON CITY
024800 LAMAR OUTDOORADVEF
2895 HWY 5063 BILLBOARD JEFFERSON CITY
022876 OTKE KEN CONSTRUCTIC
3605 COUNTRY CLUB DR Jefferson City MO
Permit Status
Balance
Active
$0.00
Closed
$0.00
Active
$0.00
Page2
Building Permits
Permit Listing
User: astratrnan
Printed :
First Sort :
08 /09/2013-10 :27 AM
Pennit Class
Second Sort: (None)
Application No From: To:
Permit No From: To:
Gen CLast Name From: To :
Lot No From: To :
Tax Lot From : To:
Lot Zip Code From: To:
Cust No From: To:
Cust Last Name From : To:
Permit Class: RESIDENTIAL
Permit Type : RDEMBLDG, RNEWBLDG
Permit Status: Active, Clo se d
AppNo Permit No Permit Class Tax Lot
Permit Ty pe Lot No
0011526 BP 13-0207 RESIDENTIAL I 00420000200 I (
RNEWBLDG 030487
0011531 BP13-0234 RESIDENTIAL 1004200002001(
RNEWBLDG 030480
001154 8 DEM13-0009 RESIDENTIAL 1105220001002(
RDEMBLDG 054489
0011553 BP13-0214 RESIDE NTIAL 100112000300 1(
RNEWBLDG 027044
0011557 DEM13-0010 RESIDENTIAL 1103070004013(
RDEMBLDG 054021
0011588 BPI3-0225 RESIDENTIAL 10021 00003004(
RNEWBLDG 029699
0011589 DEM13-0011 RESIDENTIAL 1104170001001(
RDEMBLDG 03 8459
0011590 BP13-0226 RESIDENTIAL 11 03070004032(
RNEWBLDG 037291
BP -Perm it L isting (08 /09 /2013-10:27 AM)
Application Date From: To:
I ssue Date From: 07 /01 /2013 To : 07 /31 /2013
Completion Date From: To:
Expiration Date From: To:
Print Date From: To:
Tmp CO Exp Date From: To:
General Contractor Name Cust No Customer Name
General Contractor Phone Lot Address
SAME AS APPLICANT 020017 MARTIN RIEGEL
3853 RILEY CT JEFFERSON CITY MO
SAMEASOWNER 020017 MARTIN RIEGEL
386 5 RILEY CT JEFFERSON CITY MO
GEORGE SCHULTE & SONS 039565 RENK & JORDAN L L C
CITY OF ]EFFERSON
JOHN G . CHRISTY MUNICIPAL BUILDING
320 E McCarty St
Jefferson City, MO 65101-3193
Permit Status
Balance
Active
$0.00
Active
$0.00
Active
2625 E MCCARTY ST X JEFFERSON CITY $0 .00
SAME AS APPLICANT 047917 RHAD BAKER CON ST. LLC Active
Ill 0 DULLE ST JEFFERSON CITY $537 .50
SAME AS APPLICANT 025028 GILSTRAP, JON R Active
310 W ELM ST X JEFFERSON CITY $5 0 .00
SAME AS OWNER 030187 Rademan , Larry Active
920 AMETHYST LN JEFFERSON CITY $0.00
SAME AS APPLICANT 022837 FO RC K BERNARD CONSTl Active
200 MCKINLEY ST JEFFERSON CITY $0.00
SAME AS OWNER 043795 RIVER CITY HABITAT FOR Active
313 E ASHLEY ST JEFFERSON CITY $0.00
Pa ge 1
AppNo Permit No Permit Class
Permit Type
0011596 DEM13-0012 RESIDENTIAL
RDEMBLDG
0011612 BP13-0235 RESIDENTIAL
RNEWBLDG
tO Records
BP-Permit Listing (08/09/2013-10:27 AM)
Tax Lot General Contractor Name
Lot No General Contractor Phone
11 04170002004( SAME AS APPLICANT
039161
1002090003005< SAME AS APPLICANT
029302
Cust No Customer Name
Lot Address
039617 RZ WGROUPLLC
1113 E MILLER ST JEFFERSON CITY
022841 GREEN JERRY J. CONSTRl
3711 TAYLORS RIDGE CT JEFFERSON CITY
Permit Status
Balance
Active
$52.00
Active
$0.00
Page2
Building Permits
Pennit Listing
User: astratman
Printed:
First Sort :
08 /09 /2013-10 :28 AM
Permit Class
Second Sort: (None)
App lication No From: To:
Permit No From: To:
Gen CLast Name From : To:
Lot No From: To:
Tax Lot From: To:
Lot Zip Code From: To:
Cust No From: To:
Cust Last Name From: To:
Permit Class: RESIDE NTIAL
Permit Type: RADDBLDG,RALTBLDG
Permit Status: Active, Closed
App No Permit No Permit Class Tax Lot
Permit Ty pe Lot No
0011523 BP13-0203 RESIDENTIAL 100101 0002003(
RADDBLDG 023947
0011524 BP13-0204 RESIDENTIAL 11042000020011
RADDBLDG 043201
0011525 BP13-0206 RESIDENTIAL 110417000301 0(
RADDBLDG 040738
0011527 BP13-0208 RESIDENTIAL 100111000300 1(
RADDBLDG 026067
0011528 BP13-0209 RESIDENTIAL 1001110003001(
RADDBLDG 026067
0011532 BP13-0210 RESIDENTIAL 1001020004002(
RALTBLDG 025624
0011545 BP13-0211 RESIDENTIAL 1006230001001 (
RADDBLDG 032916
0011547 BP13-0213 RESIDENTIAL 0507350004005(
RADDBLDG 019829
BP-Permit Li sting (08/09/2013-10 :28 AM)
Application Date From: To:
Issue Date From : 07 /0112013 To:
Completion Date From: To:
Ex piration Date From: To :
Print Date From: To :
07/3 112013
CITY OF JEFFERSON
JOHN G. CHRISTY MUNICIPAL BUILD IN G
320 E McCarty St
Jefferson City, MO 65101-3193
Tmp CO Exp Date From: To :
General Contractor Name Cust No Customer Name Permit Status
General Contractor Phone Lot Address Balance
SAME AS APPLICANT 042708 WADE CONSTRUCTION C< Active
1913 ALLEN DR JEFFERSON CITY $0.00
SAME AS OWNER 038054 Morris , Steven Active
1517 BALD HILL RD JEFFERSON CITY $0.00
SAME AS APPLICANT 020725 FENCE PRO LLC Active
1512 LAHACIENDACT JEFFERSON CITY $0.00
SAME AS APPLICANT 047907 MISSOURI SOLAR SOLUTI Active
1007 SATINWOOD CT JEFFERSON CITY $0 .00
SAME AS APPLICANT 008059 Vanderfeltz, Mary Beth Active
1007 SATINWOOD CT JEFFERSON CITY $0 .00
HANDY MAN SOLUTIONS 047913 Dunlap , Bryan & Rachelle Active
115 BOLTON DR JEFFERSON CITY $0 .00
SAME AS APPLICANT 022218 PRINGERCO. Active
2118 SOUTHRIDGE DR JEFFERSON CITY $0.00
SAME AS OWNER 041251 Hammann, Brian Active
2006 REDWOOD DR JEFFERSON CITY $0.00
Pa ge I
AppNo Permit No Permit Class Tax Lot General Contractor Name Cust No Customer Name Permit Status
Permit !i:ee Lot No General Contractor Phone Lot Address Balance
0011554 BP13-0215 RESIDENTIAL 11 04170002001< SAME AS APPLICANT 047072 HOUSE PERFECTION Active
RALTBLDG 039023 1007 E MCCARTY ST JEFFERSON CITY $0.00
0011555 BP13-0216 RESIDENTIAL SAME AS OWNER 030327 Powell, Harold Active
RADDBLDG 018524 112 SPOLKST $0.00
0011569 BP13-0222 RESIDENTIAL 1006230001001! SAME AS OWNER 007927 Coats, Sherri Active
RALTBLDG 032918 2126 SOUTHRIDGE DR JEFFERSON CITY $0.00
0011577 BP13-0223 RESIDENTIAL 0508270004004( SAME AS OWNER 034804 Dunn, Bill Active
RADDBLDG 019986 2600 ORCHARD LN JEFFERSON CITY $0.00
0011578 BP13-0224 RESIDENTIAL SAME AS OWNER 047956 Hawkins, James G.& Jennifer Active
RADDBLDG 055905 3000 Don Ray Dr 3000 Don Ray Dr. Jefferson City MO 65109 $0.00
0011591 BP13-0227 RESIDENTIAL 1105150004004( SAMEASAPPLICANT 047965 , Demois, Allen J & Betsy A Active
RADDBLDG 043685 2617 STLOUIS RD JEFFERSON CITY $0.00
0011594 BP13-0228 RESIDENTIAL 0507350004004( SAME AS OWNER 030915 Hopkins, Nicole Active
RADDBLDG 019789 2024 MEADOW LN JEFFERSON CITY $0.00
0011606 BP13-0230 RESIDENTIAL SAME AS APPLICANT 021006 B.L.W. ENTERPRISES Active
RALTBLDG 018134 901 JEFFERSON ST JEFFERSON CITY MO $0.00
0011608 BP13-0231 RESIDENTIAL 1104190004003( SAME AS OWNER 038826 Davenport, Jason Active
RALTBLDG 042759 1726 ENGEL WOOD DR JEFFERSON CITY $0.00
0011609 BP13-0232 RESIDENTIAL 11 04190004003( SAME AS APPLICANT 043251 LOETHEN CONSTRUCTI01 Active
RALTBLDG 042734 1441 EDGEVALE RD JEFFERSON CITY $0.00
0011613 BP13-0236 RESIDENTIAL 1104190004002( SAME AS OWNER 031153 Donehue, Sam Active
RADDBLDG 042713 1734 GREENRIDGE CT JEFFERSON CITY $0.00
0011617 BP13-0237 RESIDENTIAL 1 004170002004! SAME AS APPLICANT 023207 HOELSCHER CONSTRUCT Active
RADDBLDG 008026 4511 LEANDRALN Jefferson City MO $0.00
20 Records
BP -Permit Listing (08/09/20 13 -10:28 AM) Page2