HomeMy Public PortalAbout2005-10-17e
1. CALL TO ORDER
2. PRAYER
a. Councilman Mike Harvey
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
5. PUBLIC HEARINGS
a. Preliminmy and Final PUD Plan for 1414 West Main Street
i. Associated Pending Bill 2005-84 (Brown) Passed as Ord. 13952
b. Zoning ofAnnexation for 1241 Highway 179
i. Associated Pending Bill 2005-85 (Ferguson) Passed as Ord 13953
C. Zoning of Voluntary Annexation for 2606, 2708 and 2712 Briawood Drive
i. Associated Pending Bill 2005-86 (Ferguson) Passed, as Substituted, as Ord 13954
d. Zoning of Voluntary Annexation for 2607 West Edgewood Drive
i. Associated Pending Bill 2005-87 (Ferguson) Passed as Ord. 13955
6 MINUTES & REPORTS RECEIVED AND FILED
a. Transportation & Traffic Commission, September 8, 2005
b. CAMPO Technical Committee, September 1, 2005
C. Board ofAdjustrnent, September 13, 2005
d. September 2005 Finance Reports
e. Historic Preservation Commission, September 13, 2005
f. Parks & Recreation Commission, September 12, 2005
g. Council Growth & Annexation Committee, September 27, 2004; January 31, Februmy 15, and
Februay 28, 2005
h. Human Relations Commission, September 13, 2005
7. COUNCIL LIAISON REPORTS
8. ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
a. Citizen Input: Most Important Attributes of an Effective City Administrator
b. Public Input Sessions Regarding Conference Center
9. APPOINTMENTS BY THE MAYOR
City Council Agenda Recap- October 17, 2005
Page 2
10. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
a. Jack Dillingham, Financial Advisor for Sewer Revenue Bond
b. Mark Johnson & Jim Vossen - Loan Program. for Older Buildings
C. Jason Vanderfeltz, MoDOT - Ciomiew /Route 50 Interchange
11. PRESENTATIONS FROM THE GALLERY - All individuals will be limited to 5 minutes without
exception. Allpresentations shall be madef-onz thepodium unless other accommodation is requested and
granted
a.
12. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS
13. CONSENT AGENDA u Approved
a. Minutes of Council Meetings: September 29 Brown Bag, October 3 Pre -Meeting and Regular
Meeting
b. (RENEWAL -Year 2) Legislative ConsultantAgreement with Thomas P. Rockers Consulting, LLC
C. (RENEWAL - Year 2) Sole Source Procurement - Digital 911 system Maintenance, Police Dept.
d. (RENEWAL) Property and Liability Insurance
14. BILLS INTRODUCED
a. 2005-95 Amending Code to Prohibit Parking on Portions ofLinn Street (Schnitzler)
b. 2005-96 Enacting Jefferson City Neighborhood Reinvestment Act, Part II (Berry)
C. 2005-97 Authorizing Contract to Construct Interchange at Cityview (Harvey & Ferguson)
d. 2005-98 Annexation of Highway 179 Area and Placing Issue on February and April 2006
Ballots (BROWN, Layton; Beny, Martin, Ferguson, Crane, Harvey, Schnitzler, Vogel,
and Pope)
15. BILLS PENDING
a. 2005-83 Establishing 2005 Election Filing Period and 2006 Election Dates (Berry, Brown,
Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel) Passed as
Ord. 13951
b. 2005-84 Preliminary and Final PUD Plan for 1414 West Main Street (Brown) Passed as Ord.
13952
C. 2005-85 Voluntary Annexation,for 1241 Highway 179 (Ferguson) Passed as Ord. 13953
d. 2005-86 VoluntaryArznexationfor2606,2708and2712BriaiwoodDrive(Ferguson)Passed,
as Substituted, as Ord. 13954
e. 2005-87 Volurnmy Annexation for 2607 West Edgewood Drive (Ferguson) Passed as Ord
13955
f. 2005-88 Authorizing Agreement with Water District No. 2 (BrolVn) Placed on bzforrnal
Calendar
g. 2005-89 Amending the Code Pertaining to Transit Charter Fares and Services (Ferguson)
Passed as Ord. 13956
h. 2005-90 Authorizing Agreement with Stadium West Properties, LLC for Chriso, Lane
A
Cin, Council Agenda Recap- October 17, 2005
Page 3
Extension (Martin) Passed as Ord 13957
i. 2005-91 Vacating Portion of Sanitary Sewer Easement on Lots 3, 4, and 5 of CC rest
Subdivision, Section 2 (Martin) Passed as Ord 13958
j. 2005-92 Amending Flexible Benefits Plan (Broom) Passed as Ord. 13959
Ic. 2005-93 Authorizing Agreement with Unimerica for Group Life Insurance (Brown) Passed
as Ord 13960
1. 2005-94 Authorizing Sale of Sewerage System Revenue Bonds Series 2005C (Brown)
Substitute Bill No. 2 in Packet - Substitute Passed, As Amended, as Ord. 13961
a. 2005-78 Renaming Man Drive to Modern Drive (Brown) Dies 11 -21 -Remains on Informal
Calendar
17. RESOLUTIONS
18. SCHEDULED REPORTS
a. Dec. 5 — Report on Progress of Building Appearance Committee (Melva Fast & Janice
McMillan)
19. NEW BUSINESS
20. UNFINISHED BUSINESS
21. GO INTO CLOSED SESSION u -N' No Reportable Actions Taken
Pursuant to Sec. 610.021 ofthe Revised Statutes of Missouri, The Council will go into Closed Session to
discuss the following:
a. Personnel [Sec. 610.02](3)]
..
NOTICE OF MEETING AND CITY COUNCIL AGENDA
Monday, October 17, 2005 6:00 P.M.
CRY COUNCIL CHAMBERS -JOHN G. CHRIST MUNICIPAL BUILDING -320 E. MCCARTY STRECT
M1 I�
i
fP
1. CALL TO ORDER
2. PRAYER
a. Councilman Mike Harvey
3. PLEDGE OF ALLEGIANCE
4. ROLL CALL
5. PUBLIC HEARINGS
a.
Preliminary and Final PUD Plan for 1414 West Main Street
i. Associated Pending Bill 2005-84 (Brown)
b.
Zoning ofAnneeation for 1241 Highway 179
i. Associated Pending Bill 2005-85 (Ferguson)
C.
Zoning of Voluntary Annexation for 2606, 2708 and 2712 Briarwood Drive
---
i. Associated Pending Bill 2005-86 (Ferguson)
d.
Zoning of Voluntary Annexation for 2607 West Edgewood Drive
i. Associated Pending Bill 2005-87 (Ferguson)
6
MINUTES & REPORTS RECEIVED AND FILED
a.
Transportation & Trak Commission, September 8, 2005
b.
CAMPO Technical Committee, September 1, 2005
C.
Board ofAdjustment, September 13, 2005
d.
September 2005 Finance Reports
e.
Historic Preservation Commission, September 13, 2005
f.
Parks & Recreation Commission, September 12, 2005
g.
Council Growth & Annexation Committee, September 27, 2004; January 31, Februmy 15, and
Febriuvy 28, 2005
h.
Hunan Relations Commission, September 13, 2005
7.
COUNCIL
LIAISON REPORTS
S.
ANNOUNCEMENTS OF OTHER UPCOMING MEETINGS AND EVENTS
a.
Citizen Input: Most Important Attributes of an Effective CiglAdministrator
b.
Public Input Sessions Regarding Conference Center
9.
APPOINTMENTS BY THE MAYOR
a.
Appointments to City Boards and Commissions:
City Council Meeting - October 17, 2005
Page 2
Board
Person
I Type
I Ward
Tern: Expires
Term Status
Trans & Traffic
replace Eighmey who resigned
June 2006
partial
Hunan Relations
Commission
Stu Murphy
Oct 2008
2"d fidl term
TIF
replace A. Reichard
who moved out of town
Apr 2008
partial
Library
Ivan Turner
March 2008
2"d fidl term
Library
Norma Miller
March 2008
Is`fudl term
Econ Dev Advisory
Board
Lany Schepers
Oct 2008
2" d term
Econ Dev Advisory
Board
Donna Wlzite
Oct 2008
2"d term
Econ Dev Advisory
Board
Curtis Creagh
Oct 2008
Ist fill term
Econ Dev Advisory
Board
Bill Gratz
Oct 2008
2"d term
Econ Dev Advisory
Board
Chris Wrigley
Oct 2008
]". fidl teen
Historic Preservation
Laura Ward
Dec 2008
served 1 fidl teen
Historic Preservation
Dottie Dallmeyer
Dec 2008
served 2 fill
terms
Historic Preservation
Tom Rynard
Dec 2008
served ]fid/ teen
Plumbing Board
Richard Grothoff
Dec 2008
served I full term
Plumbing Board
Rick Enke
Dec 2008
served 1 fidl term
Plumbing Board
James Schmitz
Dec 2008
served 2 fudl
terms
Phmrbin Board
Jerry Rosslan
Dec. 2008
serving partial
tern,, 1"r fidl tern
10. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS
a. Jack Dillingham, Financial Advisor for Sewer Revenue Bond
b. Mark Johnson & Tim Vossen - Loan Program for Older Buildings
C. Jason TIandeifeltz,MoDOT-Cityview/Route 50Interchange
11. PRESENTATIONS FROM THE GALLERY - All individuals will be limited to 5 minutes without
exception. All presentations shall be made firom the podium unless other accommodation is requested and
granted
a.
12. COUNCIL COMMENTS IN RESPONSE TO PRESENTATIONS
City Council Meering - October 17, 2005 Page 3
13. CONSENT AGENDA
r'
a.
MinittesofCouncilMeetirtgs: September29Bro%lnBag, October3Pre-Meetirhga7idRegula7-Meetiiig
b.
(RENEWAL - Year 2) Legislative Consultant Agreement with Thomas P. Rockers Consulting, LLC
C.
(RENEWAL - Year 2) Sole Source Procurement - Digital 911 system Maintenance, Police Dept.
d.
(RENEWAL) Property and Liability Insurance
14. BILLS INTRODUCED
a.
2005-95 Amending Code to Prohibit Parking on Portions of Linn Street (Schnitzler)
b.
2005-96 Enacting Jefferson City Neighborhood Reinvestment Act, Part II (Berry)
C.
2005-97 Authorizing Contract to Construct Interchange at Cityview (Harvey & Ferguson)
d.
2005-98 Annexation of Highway 179Area and PlacingIssue on February and Apri12006Ballots
(BROWN, Layton, Berry, Martin, Ferguson, Crane, Harvey, Schnitzler, Vogel, and Pope)
15. BILLS PENDING
a. 2005-83 Establishing 2005 Election Filing Period and 2006 Election Dates (Beny, Brown, Crane,
Ferguson, Harvey, Layton, Martin, Pope, Schnitzler, and Vogel)
b. 2005-84 Preliminary and Final PUD Plan for 1414 West Main Street (Brown)
C. 2005-85 Voluntary Annexation for 1241 Highway 179 (Ferguson)
d. 2005-86 Voluntary Annexation for 2606, 2708 and 2712 Brianvood Drive (Ferguson)
e. 2005-87 Voluntary Annexation for 2607 West Edgewood Drive (Ferguson)
f 2005-88 Authorizing Agreement with Jfater District No. 2 (Brown)
g. 2005-89 Amending the Code Pertaining to Transit Charter Fares and Services (Ferguson)
h. 2005-90 Authorizing Agreement with Stadium West Properties, LLC for Chrisol Lane Extension
(Martin)
i. 2005-91 Vacating Portion of Sanitary Sewer Easement on Lots 3, 4, and 5 of CC Yijest
Subdivision, Section 2 (Martin)
j. 2005-92 Amending Flexible Benefits Plan (Brown)
k. 2005-93 Authorizing Agreement with Unimerica for Group Life Insurance (Brown)
1. 2005-94 Authorizing Sale of Sewerage System Revenue Bonds Series 2005C (Brown) Substitute
Bill No. 2 in Packet
16. INFORMAL CALENDAR
a. 2005-78 Renaming Dcon Drive to Modern Drive (Brown) Dies 11-21
17. RESOLUTIONS
18. SCHEDULED REPORTS
a. Dec. 5—ReportonProgress ofBuilding Appearance Committee (Melva Fast &Janice McMillan)
19. NEW BUSINESS
20. UNFINISHED BUSINESS
21. GO INTO CLOSED SESSION
Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, The Council will go into Closed Session to
discuss the following:
a. Personnel [Sec. 610.02](3)]
WORK SESSION
of the
CITY COUNCIL
City of Jefferson, Missouri
October 17, 2005
5:45 P.M.
John G. Christy Municipal Building
320 E. McCarty
Main Conference Room
AGENDA
1. Discussion of October 17, 2005 City Council Meeting Agenda Items
2. Adjournment
City of Jefferson
John Landwehr
Mayor
NOTICE OF MEETING & TENTATIVE AGENDA
CITY COUNCIL "BROWN BAG" WORK SESSION
City of Jefferson, Missouri
Friday, October 14, 2005
12:00 Noon
John G. Christy Municipal Building - 320 E. McCarty
Boone / Bancroft Room
TENTATIVE AGENDA
1. Discussion of October 17, 2005 City Council Meeting Agenda Items
2. Public Hearings
a. Voluntary Annexation of 1241 Highway 179
b. Voluntary Annexation of 2606, 2708, 2712 Briarwood Drive
C. Voluntary Annexation of 2607 W Edgewood Drive
3. Adjournment
PUBLIC HEARING NOTICE
1414 West Main Street
Preliminary and Final PUD Plan
The City Council of the City of Jefferson, Missouri, will hold a public hearing on Monday. October 17,
2005 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider a Preliminary and Final PUD Plan for a 14.69 acre tract as described
herein for the following property:
Section 1. Property Location and Description is 1414 West Main Street: Beginning at a
point on the north line of Main Street, 518.4 feet east of the west line of said quarter section, said
point of beginning also being the southeast corner of a tract of land that John A. Meyer bought of
Jennie Jenkins on April 12, 1923, as recorded in Book 57, Page 329, Cole County Recorder's
Office; thence from said point of beginning north parallel to the west line of said quarter section to a
point that stands 245.5 feet north of the north line of Main Street and 518.2 feet east of the west
boundary line of said quarter section; thence easterly, parallel with Main Street; 251.4 feet; thence
North 85 Degrees East, (magnetic) 63 feet; thence North 5 Degrees West, 880 feet more or less to
the southerly right-of-way line of the Missouri Pacific Railway; thence westerly along and with said
right-of-way line to the northeast corner of Tract II of a deed of record in Book 423, Page 977, Cole
County Recorder's Office; thence southerly, along the easterly boundary of Tract II of said deed of
record in Book 423, Page 977, 658 feet, more or less to the southeasterly corner thereof and said
corner being the northeasterly corner of a tract described by deed of record in Book 303, Page 519,
Cole County Recorder's Office; thence along the boundary of said tract described in Book 303,
Page 519, the following courses: South parallel with the line of the west side of the southeast
quarter of said Section 1, to a comer on the easterly boundary of said tract described in Book 303,
Page 519; thence South 88 % Degrees East, 2.45 chains; thence south, parallel with the line on the
west side of the southeast quarter of said Section 1, 7 chains to the north line of main street; thence
leaving the boundary of said tract described in Book 303, Page 519, east along and with the north
line of Main Street, 169 links to the point of beginning. Containing approximately 14.69 acres.
Section 2. The Preliminary and Final PUD Plan prepared by Central Missouri
Professional Services, Jefferson City, Missouri, on file as Case No . P05039 in the Office of the
City's Planning Division is hereby approved for the property described in Section 1.
Section 3. The following principal land uses are approved for the site: Multi -family dwellings
and other uses allowed in the PUD, Planned Unit Development district.
Section 4. Common Areas and Public Land. No common areas are proposed and no lands
are dedicated to public use with this PUD Plan.
Phyllis Powell, City Clerk
City of Jefferson, Missouri
P.T. - Friday, September 30, 2005
Department of Community Development/Planning Division
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101
Contact: Anne Stratman or Janice McMillan
(573)634-6475 Fax(573)634-6457
PUBLIC HEARING NOTICE
Zoning Plan for 1241 Highway 179
The City Council of the City of Jefferson, Missouri, will hold a public a hearing on Monday, October
17, 2005 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider a zoning plan of RU, Rural Use for the following -described land
proposed for voluntary annexation by petition of the property owner, containing approximately 9.3
acres, described as follows:
Part of the Southeast quarter of the Southeast quarter of Section 28, Township 45 North, Range 12
West, Cole County, Missouri more particularly described as follows: Beginning at the southeast
corner of said Section 28; thence North 2 degrees 16 minutes east along the Section line, 961 feet
to the center of the Missouri Pacific Railroad tracks; thence along the center of said railroad tracks
on the following courses and distances: North 69 degrees 49 minutes west, 417.38 feet; thence
North 71 degrees 40 minutes west, 292.6 feet; thence North 76 degrees 20 minutes west, 76.6 feet;
thence leaving the center of said railroad tracks, South 10 degrees 00 minutes east, 183 feet, more
or less, to the center of Gray's Creek, thence along the center of said creek on the following courses
and distances: North 36 degrees 19 minutes east, 74.5 feet; thence South 78 degrees 27 minutes
east, 242.33 feet; thence South 61 degrees 57 minutes east, 303.33 feet; thence South 3 degrees
49 minutes west, 610 feet; thence South 28 degrees 12 minutes east, 380.01 feet to the south line
of said Section 28; thence leaving the center of Gray's Creek, South 87 degrees 26 minutes east
along the Section line, 225 feet to the beginning point of this description. Containing 9.3 acres more
or less.
EXCEPT that part which lies within the Missouri Pacific Railroad right of way.
Phyllis Powell, City Clerk
City of Jefferson, Missouri
P.T. - Friday, September 30, 2005
Department of Community Development/Planning Division
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101
Contact: Anne Stratman or Janice McMillan
Phone (573) 634-6475 Fax (573) 634-6457
PUBLIC HEARING NOTICE
Zoning Plan for 2708 and 2712 Briarwood Drive
The City Council of the City of Jefferson, Missouri, will hold a public a hearing on Monday, October
17, 2005 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider a zoning plan of RS -1 Residential Low Density Detached for the
following -described properties proposed for voluntary annexation by petition of the property owner,
containing approximately 0.67 acres, described as follows:
Property Description for 2708 Briarwood Drive:
Lot 25, Fainwood 3` Additional Subdivision, per plat of record in Plat Book 11, Page 258, Cole
County Recorder's Office, located in Section 15, Township 44, Range 12, Cole County, Missouri.
Containing approximately 0.34 acres.
Property Description for 2712 Briarwood Drive:
Lot No. 26 of Fainwood Subdivision 3 Addition, per plat of record in Plat Book 11, Page 258, Cole
County Recorder's Office; said Fainwood Subdivision 3`d Addition being a subdivision of part of the
northeast quarter of the northeast quarter of Section 15, Township 44 North, Range 12 West, Cole
County, Missouri.
Except that part of Lot No. 26 of Fainwood Subdivision 3`d Addition, per plat of record in Plat Book
11, Page 258, Cole County Recorder's Office, conveyed to Arthur L. Conover and Wife, by deed of
record in Book 300, Page 36, Cole County Recorder's Office.
Subject to easements and restrictions of record. Containing approximately 0.33 acres
Phyllis Powell, City Clerk
City of Jefferson, Missouri
P.T. - Friday, September 30, 2005
Department of Community Development/Planning Division
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101
Contact: Anne Stratman or Janice McMillan
Phone(573)634-6475 Fax(573)634-6457
PUBLIC HEARING NOTICE
Zoning Plan for 2606 Briarwood Drive
The City Council of the City of Jefferson, Missouri, will hold a public a hearing on Monday, October
17, 2005 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider a zoning plan of C-2 General Commercial for the following -described
land proposed for voluntary annexation by petition of the property owner, containing approximately
0.81 acres, described as follows:
Part of the Southwest Quarter of the Southwest Quarter of Section 11, Township 44 North,
Range 12 West, Cole County, Missouri, described as follows: From the Southwest corner of
said Section 11; thence north 85°12'30"East, along the section line, 310 feet to the beginning
point of this description; thence North 5019"39" West, 174.56 feet to the north line of a tract
conveyed in Book 305, Page 866, Cole County Recorder's Office; thence with same on a curve
to the right and having a radius of 1719.63 feet, a distance of 130 feet; (the chord of said curve
being South 82°28'East, 129.98 feet); thence south 80018'07"East, 101.322 feet; thence South
56'17'29" East, 24.08 feet; thence southerly on a curve to the left having a radius of 962.33 feet,
an arc distance of 108.64 feet; (the chord of said curve being South 6°27'49"West, 108.59 feet),
to a point on the South line of said Section 11; thence South 85012'30" West along the section
line 221 feet to the point of beginning.
Also all that part of Lot No. 1 of Fainwood Subdivision, first Addition, as per Plat of Record in
Plat Book 8, Page 61, Cole County Recorder's Office, lying West of Frog Hollow Road as now
located
Except that part of Lot No. 1 of Fainwood Subdivision, First Addition, as per Plat of Record in
Plat Book 8, Page 61, Cole County Recorder's Office, Conveyed to Stephen L. Price and Wife,
by deed of record in Book 278, Page 578, Cole County Recorder's office
Containing 0.83 acres
Phyllis Powell, City Clerk
City of Jefferson, Missouri
P.T. - Friday, September 30, 2005
Department of Community Development/Planning Division
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101
Contact: Anne Stratman or Janice McMillan
Phone (573) 634-6475 Fax (573) 634-6457
PUBLIC HEARING NOTICE
Zoning Plan for 2607 Edgewood Drive
The City Council of the City of Jefferson, Missouri, will hold a public a hearing on Monday, October
17, 2005 at 6:00 p.m. in the Council Chamber of the John G. Christy Municipal Building, 320 East
McCarty Street, to consider a zoning plan of C-2 General Commercial for the following -described
land proposed for voluntary annexation by petition of the property owner, containing approximately
0.81 acres, described as follows:
Part of the Southwest Quarter of the Southwest Quarter of Section 11, Township 44 North, Range
12 West, Cole County, Missouri, described as follows: From the Southwest corner of said Section
11; thence North 85 Degrees 12 Minutes 30 Seconds East along the Section Line, 310 feet to the
beginning point of this description; thence North 5 Degrees 19 Minutes 39 Seconds West, 174.56
feet to the north fine of a tract conveyed in Book 305, Page 866, Cole County Recorder's Office;
thence with same on curve to the right and having a radius of 1719.63 feet, a distance of 130 feet;
(the chord of said curve being South 82 Degrees 28 Minutes East, 129.98 feet); thence South 80
Degrees 18 Minutes 07 Seconds East, 101.22 feet; thence South 56 Degrees 17 Minutes 29
Seconds East, 24.08 feet; thence Southerly on a curve to the left having a radius of 962.33 feet, an
arc distance of 108.64 feet; (the chord of said curve being South 6 Degrees 27 Minutes 49 Seconds
West, 108.59 feet), to a point on the South line of said Section 11; thence South 85 Degrees 12
Minutes 30 Seconds West along the Section Line, 221 feet to the POINT OF BEGINNING.
Containing 0.81 acres.
Phyllis Powell, City Clerk
City of Jefferson, Missouri
P.T. - Friday, September 30, 2005
Department of Community Development/Planning Division
320 East McCarty Street, Room 120
Jefferson City, Missouri 65101
Contact: Anne Stratman or Janice McMillan
Phone (573) 634-6475 Fax (573) 634-6457
TRANSPORTATION AND TRAFFIC
COMMISSION MINUTES
September S, 2005
Attendance
July 2005 to June 2006
Jeff Ahlers
1-2✓
Don James
1-2
Ray Bledsoe
1-2✓
Frank Rycyk
2-2✓
Sam Bushman
2-2✓
Tony Wall
2-2✓
Jason Gerling
1-2✓
Bill Yarnell
2-2✓
STAFF MEMBERS PRESENT
Todd Logan - Street Department; Matt Morasch — Public Works; Sgt. Jeff Stiefermann - Police
Department; Britt Smith - Streets and Parking; Pat Sullivan and Barb Touchette - Community
Development.
GUESTS
Carne Carroll, David Bryan, and Kris Hilgedick with News Tribune.
QUORUM ESTABLISHED
Chairman Frank Rycyk called the meeting to order at 8:00 a.m.
MINUTES
Motion to accept the minutes as written was made by Sam Bushman. The motion was seconded by Tony
Wall, motion carried.
David Bryan made a request to permit unlimited daily use of the one-hour parking zones in Lot 10.
Mr. Bryan was present and told the committee that he has 31 tenants in his building, 210 E. High,
with many of these needing to load and unload their vehicles several times a day. Carrie Carroll was
present and representing the Downtown Jefferson City Association. She requested that no action be
taken until further studies could be conducted between her association's parking committee and the
City. Mr. Bushman spoke that in the past when this lot had 2 -hour meters there was never parking for
customers. Mr. Bryan was invited to join the Downtown Jefferson City Association and be a part of
the discussion and solution.
Bill Yarnell made a motion for the City staff to work with all concerned parties and report back at the
November meeting. Tony Wall seconded the motion. After a discussion the request was to be tabled
until November. Motion carries.
2. Request to place a four-way Stop at the intersection of Ella and Jordan Streets. The requestor Jessica
Batiste was not present. Staff told the commission that the traffic volume and nature of area do not
warrant a four-way Stop. Sgt. Stiefermann reported that there were no accidents in the area since
2002. Mr. Bledsoe mentioned that placing unwarranted Stops are just setting up place for violations.
Ray Bledsoe made motion to deny the request. Jason Gerling and Sam Bushman seconded, motion
carries.
September 8, 2005 Minutes
Page
City staff requested increasing the speed limit on East McCarty Street from Grant Street to
Morningside Drive. Mr. Smith reported that since the construction rebuild of this area the road was
widened and a center turn lane added. After replacing the speed limit signs it was noticed that the
character of the new roadway warranted changing the speed limit. Sgt. Stiefermann reported that the
area is being patrolled and people are already driving 40 MPH. Ray Bledsoe made a motion to accept
the request as stated, seconded by Sam Bushman. Motion carries.
4. City staff requested increasing speed limit on South Country Club Drive from Edgewood
Drive/Fairgrounds Road to the southern City limits. Mr. Smith reported that the speed limit coming
into the City from the county is set at 40 MPH and the road that feeds into are also set at 40 MPH.
South Country Club was designed and built to meet 40 MPH standards. Jeff Ahlers made a motion to
accept recommendation. Sam Bushman seconded, motion carries.
OTHER BUSINESS
Britt Smith informed the commission that Commissioner Don James had completed his third full term
and also due to health reasons he was resigning his post. Chairman Rycyk signed a certificate of
recognition to be give to Mr. James in person when his health allows him to attend a future meeting.
Appreciation was also given to Mr. Ahlers for providing chocolate milk for the meeting today.
Motion to adjourn was made by Sam Bushman at 8:45 a.m. Bill Yarnell seconded the motion, carried.
Respectfully submitted,
Barb Touchette
Secretary
MINUTES
TECHNICAL COMMITTEE
CAPITAL AREA METROPOLITAN PLANNING ORGANIZATION
September 1, 2005
10:00 A.M.
VOTING MEMBERS
PRESENT
RECORD
Cole County. Larry Benz
3 of 4
Eric Landwehr
I of I
Callaway County. Paul Winkelmann
2 of 4
,Jefferson City: Ron Craft
4 of 4
J.J. Gates (Designee)
Matt Morasch
4 of 4
Janice McMillan
3 of
Alan Morrison
4 of 4
Pat Sullivan
4 of 4
Richard Turner
3 of
Gene Williams
4 of
Missouri DOT: Jay Bestgen
2 of 4
Dion Knipp (Designee)
Bill Robinett
2 of 2
Private Transportation Interest: Jim Kistler
4 of 4
VOTING MEMBERS
ABSENT
Jefferson City: Bill Lockwood 3 of 4
Missouri DOT: Alan Trampe 3 of
EX -OFFICIO MEMBERS
PRESENT
Jim Radmacher, Federal Highway Administration
Eva Voss, Missouri Department of Transportation
EX -OFFICIO MEMBERS
ABSENT
.Joni Roeseler, Federal Transit Administration
GUESTS PRESENT
None.
STAFF PRESENT
Steve MacIntyre, Plainer I, City of Jefferson
Anne Stratman, Administrative Assistant, City of Jefferson
1. Call to Order and Roll Call
Ms. McMillan brought the meeting to order. Ms. McMillan determined that a quorum was present
with 13 of 15 members present.
4*nutes/Capital Area McU-opolitan Planning Organisation Page 2
September 1, 2005
2. Adoption of Agenda
Mr. Sullivan moved and Mr. Benz seconded to adopt the agenda as printed. The motion passed
unanimously.
3. Approval of Minutes from the Meeting of August 4, 2005
Mr. Benz moved and Mr. Morasch seconded to approve the minutes from the August 4, 2005
meeting. The motion passed unanimously.
4. Communications from the Presiding Officer
None.
5. Old Business
None.
6. New Business
A, Missouri Planning FrcaneHrork, Discussion as Facture Projects
Mr. Bestgen stated that as a result of the Planning Framework process and Amendment 3
funds a stretch of U.S. 50 from Jefferson City to California will be expanded to four (4) lanes. He
explained that the Planning Framework is a program tool with preset parameters that judges different
needs and aids in determining which needs are high priority. Mr. Bestgen discussed which programs
should be classified as enhancement projects, regional or statewide needs.
B. Prioritization ofHighrvay Needs and Projects list from November of 2004.
The Technical Committee prioritized the following projects of statewide significance:
1. Expand Highway 50 to four (4) lanes from east of Jefferson City to Union.
2. Congestion and safety improvements study for Rex Whitton Expressway.
3. Interstate "570" Loop from I-70 at Columbia on Highway 63 to Jefferson City, continuing
on Highway 54 to Kingdom City at I-70.
4. Expand Highway 179 to four lanes from Cole Junction Bottoms to Highway 63.
The Technical Committee prioritized the following projects of regional significance:
1. Intersection geometric modifications at Highway 179 and Missouri Boulevard.
2. Improve Route 00 to three lanes which includes a turning lane.
3. Interchange at Highway 179 for St. Mary's Health Center between West Edgewood and
Route C.
4. New interchange at Highway 50/63 and City View Drive.
5. Access improvements on Highway 54 / Stadium interchange from Jefferson Street,
Cluisty Drive, Southridge Drive and Madison Street.
6. Intersection geometric modifications at Ellis Boulevard and Route C.
7. Off ramps on Highway 54 at Summit Drive exit.
S. New interchange at Lafayette Street and Highway 50 for Missouri State Penitentiary
Redevelopment access improvements.
9. Intersection geometric modifications for Highway 179 at Rock Hill Road and West Main
Street.
10. Expand Route 179 to four (4) lanes from Cole Junction Bottoms to Highway 50.
11. Extend Highway 179 at Highway 50 East from Tanner Bridge Road / Lorenzo Greene
Drive area to Shamrock Road or Militia Drive.
12, Traffic control improvements at Route C and Route CC.
13. Expand Highway 50 to four (4) lanes west of California to Sedalia.
Hinutes/Capital Area Metropolitan Planning ftanization
September 1, 2005
Page i
The Technical Committee determined that the following projects, although not removed from
the original listing of needs, should be evaluated as Transportation Enhancement projects and
prioritized separately, and at a later date:
1. Pedestrian crossing improvements and sidewalks on Missouri Boulevard from Highway
50 to South Country Club Drive.
2. Pedestrian/bicycle/facility cormection to Katy Trail on West Main Street to the Missouri
River Bridge, then to Cedar City Drive to Katy Trail.
3. Paint and designate bicycle lanes on Highway 179.
4. Extend Katy Trail 850 feet to Holts Summit.
7. Other Business
Mr. Benz introduced Eric Landwehr from Cole County as a new memberof the Technical Committee.
8. Set Next Meeting Date
The next meeting of the Technical Committee is scheduled for October 6, 2005 at 10:00 a.m.
9. Adjournment
Mr. Benz moved and Mr. Craft seconded to adjourn the meeting 11:15 a.m. The motion passed
unanimously.
Respectfully Submitted,
OA -a �M�alol
Anne Stratman
Administrative Assistant
MINUTES
JEFFERSON CITY BOARD OF ADJUSTMENT
September 13, 2005
7:30 a.m.
BOARD MEMBERS
PRESENT
Robert Dallmeyer, Jr.
Bruce James
Dan Klindt, Alternate
Kevin Meinhardt, Chairman
Chuck McPheeters, Alternate
Richard Rolsing, Alternate
BOARD MEMBERS
ABSENT
Rick Prather
Wilma Partee
EX -OFFICIO MEMBER
PRESENT
Dean Martin, Alternate Council Liaison
EX -OFFICIO MEMBER
ABSENT
Kevin Brown. Council Liaison
STAFF PRESENT
Charles Lansford, Assistant to the Director of Community Development
Janice McMillan, Director of Planning and Transportation Services
Roy Dudark, Senior Planner
Michelle Coleman, Associate City Counselor
Steve Maclntyre, Planner I
Anne Stratman. Administrative Assistant
ATTENDANCE
RECORD
7of8
7of8
3of5
8of8
5of8
3of5
6of8
2of8
LME]
1. Call to Order and Introduction of Members, Ex -officio Members and Staff
Chairman Meinhardt introduced Board members and staff. Board procedures were
explained. Chairman Meinhardt asked if there were any Board members who would not
participate in any of the hearings scheduled. A quorum was present to hear the items on the
agenda as printed. All regular members and Alternates Mr. Klindt and Mr. McPheeters will
vote.
Mr. Klindt informed Chairman Meinhardt that he will be abstaining from voting on
Case No. 805014. Chairman Meinhardt informed Mr. Klindt that a request was received to
continue this case to October 11, 2005, and noted for the record that Mr. Klindt would
abstain from voting in the event this case was heard.
Minutes/Jefferson City Board of Adjustment Page 2
September 13, 2005
2. Procedures Explained
The following documents were entered as exhibits for all items under consideration
��
at this meeting:
,
1.
Chapter 35 of the City Code, Zoning Ordinance No. 13361
2.
Advertising and Sign Code, Chapter 3 of the City Code
3.
Subdivision Code, Chapter 33
4.
Stormwater Code, Chapter 31
5.
Flood Hazard Regulations, Article V of Chapter 8 of the City Code
6.
The Comprehensive Plan and Land Use Map
7.
The applications filed
8.
The affidavit of publication of notice of the Public Hearing
9.
A list of property owners to whom notice of the hearing was sent
10.
Copies of drawings and plans under consideration
11.
Staff reports and minutes of proceedings
12.
Photographs received
13.
Correspondence from adjoining property owners
14.
Memos from City staff
The Chairman advised that items received regarding any agenda item become the
property of the Board of Adjustment.
3. Adoption of Agenda
Mr. James moved and Mr. Klindt seconded to adopt the agenda as printed. The
motion passed 5-0 with the following votes:
Aye: Dallmeyer, James, Klindt, McPheeters, Meinhardt
4. Approval of Minutes for the Regular Meeting of August 9, 2005
Mr. Klindt moved and Mr. Dallmeyer seconded to approve the minutes as written.
The motion passed 5-0 with the following votes:
Aye: Dallmeyer, James, Klindt, McPheeters, Meinhardt
5. Communications Received
Communications were received for Case Numbers B05011 and B05014.
6. Old Business — Public Hearings (Continued Applications)
Case No. B05011 — 136 East Circle Drive; Variance. An application filed by
Suzanne K. and Garth E. Haugen, property owners, for a variance to the requirement
that a structure be set back10 feet from an adjacent side property line such that an
existing wooden deck could have a setback of 0 feet. The property is zoned RS -3
Single Family Residential and consists of Lot 24, Block A, Walinko Place
Subdivision, Jefferson City, Missouri. (Continued from August 9, 2005)
Ms. Suzanne Haugen, 932 Sardonyx Drive, spoke regarding this request. Ms.
Haugen stated that the proposed deck will run parallel to the retaining wall and be setback
three (3) feet from the property line. She explained that shrubs or foliage will be planted
within the three (3) foot space to act as a buffer between the properties.
No one spoke in opposition to this request.
Minutes/Jefferson City Board of Adjustment Page 3
September 13, 2005
Correspondence was received from the following individuals:
Kevin Thompson & Elizabeth Lehmann, 138 E. Circle Drive
James Penfold, 1901 N. Circle Drive
Mr. Dudark gave the Planning Division staff report and recommended that a
condition be set subject to modifications as shown on the proposed plan and the planting
of shrubs in the three (3) foot space abutting the side property line where the deck will
be removed.
Mr. McPheeters moved and Mr. Dallmeyer seconded to approve the seven (7) foot
variance subject to modifications as shown on the proposed plan and the planting of
shrubs in the three (3) foot space abutting the side property line where the deck will be
removed.
The Board discussed the findings and felt they have been met.
The motion passed 5-0 with the following votes:
Aye: Dallmeyer, James, Klindt, McPheeters, Meinhardt
7. New Business — Public Hearings
Case No. 805012 — 1922 Sun Meadow Lane; Conditional Use Permit. An
application filed by Kenneth E. Moses and Coleen M. Moses, property owners, for a
Conditional Use Permit to establish a Day Care Home for up to 10 children. The 0.25
r acres of property is zoned RS -2 Single Family Residential and consists of Lot 28,
Sun Valley Drive Addition, Sheet 2, Jefferson City, Cole County, Missouri.
Ms. Coleen Moses, 1922 Sun Meadow Lane, spoke regarding this request. Ms.
Moses stated that she is currently caring for three (3) grandchildren and would like to expand
to 10 unrelated children. She stated that she has met with staff and is aware of the
conditions and clarified that her daughter will act as a substitute in her absence. Ms. Moses
stated that the children are picked up and dropped off either in the driveway or at the curb.
No one spoke in opposition to this request and no correspondence was received.
Mr. Dudark gave the Planning Division staff report and stated that there is adequate
room indoors and outdoors for the children. He stated that the backyard is fenced and that
the driveway must be paved 25 feet from the street right-of-way line to provide for an off
street parking space. Mr. Dudark stated that no outside employees are allowed, although a
substitute is permissible in the absence of the daycare provider.
Mr. Dallmeyer moved and Mr. McPheeters seconded to approve the Conditional Use
Permit to establish a Day Care Home for up to 10 unrelated children at 1922 Sun Meadow
Lane, subject to the following conditions:
1. The driveway shall be paved for a distance of 25 feet back from the street
right of way line;
2. No outside employees or assistants shall help operate the day care home,
except that a substitute shall be permitted in the occasional absence of the
day care home provider;
3. The day care home shall comply with all applicable regulations prior to
issuance of any licenses or permits.
Minutes/Jefferson City Board of Adjustment
September 13, 2005
The Board discussed the findings and felt they have been met.
The motion passed 5-0 with the following votes:
Aye: Dallmeyer, James, Klindt, McPheeters, Meinhardt
Page 4
Case No. B05013 — 615 Clark Avenue; Conditional Use Permit and Variance. An
application filed by Alfred H. and Irma L. Schmitz, property owners, on behalf of Mike
Douchant, representing Cingular Wireless, for a Conditional Use Permit to erect a 78
foot tall communications tower and for a variance of 31 feet to the requirement for a
39 foot setback such that the tower could set back 8 feet from the south property line.
The 0.25 acres of property is zoned C-1 Neighborhood Commercial and RS -4 Single
Family Residential and consists of Lots 116 and 117, Fairview Addition, Jefferson
City, Missouri.
Mr. Mike Douchant, Dolan Realty, 7718 Forsyth Boulevard, Clayton, MO 63105,
spoke on behalf of Cingular Wireless, Mr. Douchant stated that the existing communications
tower serving the Applicants business, will be removed and replaced with a proposed
monopole telecommunications tower. He stated that the Applicant will be able to locate his
existing communications antenna on the proposed tower. Mr. Douchant stated that a new
fence will surround the proposed tower and new equipment shelter. He stated that the
Applicant, as a part of the lease agreement, will have the opportunity to install a security
system on the site. Mr. Douchant explained that the proposed tower will be able to
accommodate at least two providers.
Mr. Charles Lansford, representing the City of Jefferson and the Cell Tower
Committee, spoke regarding this request. Mr. Lansford explained that a new tower has to
meet certain qualifications such as height, the ability to accommodate more than one carrier
and not be intrusive to surrounding neighborhoods. Mr. Lansford stated that the proposed
tower meets those qualifications and providing a security fence around the equipment shelter
and tower is an added benefit.
Mr. Alfred Schmitz, 1004 Eastland Drive, spoke regarding this request. Prior to
giving testimony Chairman Meinhardt swore in Mr. Schmitz. Mr. Schmitz stated that the
stakes behind the existing building show where the proposed equipment shelter and tower
are to be located.
Mr. Douchant clarified that the stakes behind the existing building are used as
reference points only and do not necessarily mark the exact location of the proposed tower
and equipment shelter.
No one spoke in opposition to this request and no correspondence received.
Mr. Dudark gave the Planning Division staff report and explained that the setback
variance is a part of this request because there is not enough space on this lot to meet the
side yard setback requirements.
Minutes/Jefferson City Board of Adjustment
Page 5
September 13, 2005
Mr. Klindt moved and Mr. Dallmeyer seconded to approve the Conditional Use
Permit allowing a 78 foot tall communications tower and a setback variance of 31 feet from
the south property line at 615 Clark Avenue, subject to the following condition:
1. Compliance with all applicable regulations prior to issuance of any building or
electrical permits.
The Board discussed the findings and felt they have been met.
The motion passed 5-0 with the following votes:
Aye: Dallmeyer, James, Klindt, McPheeters, Meinhardt
Case No. 805014 — 2320 East McCarty Street; Conditional Use Permit and
Variances. An application filed by Jeff Adams and Todd Balkenbush, property
owners, on behalf of Don Renkemeyer, contract purchaser and developer, for a
Conditional Use Permit to allow the construction of mini-warehouses/self-storage
units and for variances to two zoning requirements: a) that a Type B Bufferyard be
provided along each side lot line thus allowing the facility without side bufferyards;
and b) that driving and parking lanes be at least 30 feet wide thus allowing driving
and parking lanes to be at least 25 feet wide. The 1.8 acres of property is zoned C-2
General Commercial and RS -2 Single -Family Residential and consists of part of U.S.
Private Survey No. 2701, Township 44N, Range 11W, Jefferson City, Cole County,
Missouri.
Correspondence was received from Central Missouri Professional Services
requesting to continue this application to the October meeting to allow for consideration of an
amendment which includes a variance that would eliminate the requirement for a front
yard fence.
Mr. Dallmeyer moved and Mr. James seconded to continue this application to
October 11, 2005 to allow for consideration of an amendment which includes a variance
that would eliminate the requirement for a front yard fence. The motion passed 5-0 with
the following votes:
Aye: Dallmeyer, James, Klindt, McPheeters, Meinhardt
8. Miscellaneous Reports
None.
9. Other Business
None.
10. Adjourn
Mr. McPheeters moved and Mr. Klindt seconded to adjourn the meeting at 8:10 a.m.
The motion passed 5-0 with the following votes:
Aye: Dallmeyer, James, Klindt, McPheeters, Meinhardt
Respectfully submitted,
A ne Stratman
Administrative Assistant
FUND
REVENUES:
Property Taxes
Sales Tax & Sale Tax Interest
Motor Vehicle Sales Tax
Gasoline Tax
Cigarette Tax
Franchise Fees
Intergovernmental
Charges for Services
Fees, Licenses & Permits
Fines & Forfeitures
Interest Income
Other Operating Revenues
Operating Transfers In
Police Grants
School Resource Officer
M.U.S.T.A.N.G.
Carry over Surplus*
Total General Fund
EXPENDITURES:
icil & Mayor
c¢y Clerk
City Administrator
City Counselor
Municipal Court
Human Resources
Non Departmental
Entitlement Grant
Finance
Police
School Resource Officer
M.U.S.T.A.N.G.
9-1-1 Police
Fire
Community Development -Admin
Planning & Transportation -Admin
Planning
Metropolitan Planning Org
Code Enforcement -Admin
Building Regulations
Environmental Services
Animal Rescue
Central Maintenance
Public Works -Admin
Engineering
GIS
Streets
Veh/Equip Replacement Pians
nsfers & Subsidies
Fund Income/Loss
CITY OF JEFFERSON
GENERALFUND
INCOME STATEMENT
FOR ELEVEN MONTHS ENDING SEPTEMBER 30, 2005
TOTAL CURRENT YEAR- YTD (OVER)/ LAST YEAR
2004-2005 MONTH TO -DATE % UNDER YEAR -TO -
BUDGET ACTIVITY ACTUAL BUDGET DATE
$3,322,310
$7,534
$3,294,239
99%
$28,071
$3,147,626
$9,093,256
$1,099,594
$8,240,562
91%
$852,694
$8,025,735
$523,570
$46,753
$453,575
87%
$69,995
$456,528
$1,211,280
$99,982
$1,056,209
87%
$155,071
$1,050,341
$134,000
$12,930
$131,161
98%
$2,839
$124,017
$4,847,220
$429,609
$4,492,967
93%
$354,253
$4,230,690
$2,451,220
$6,230
$1,396,127
57%
$1,055,093
$725,552
$1,043,630
$89,763
$944,364
90%
$99,266
$900,131
$616,510
$37,414
$523,052
85%
$93,458
$540,981
$874,630
$86,329
$851,563
97%
$23,067
$803,403
$100,000
$6,016
$126,903
127%
($26,903)
$86,553
$825,475
$39,567
$632,070
101%
($6,595)
$388,833
$8,400
$656
$7,915
94%
$485
$7,376
$105,522
$0
$20,092
19%
$85,430
$30,384
$110,660
$0
$103,020
93%
$7,640
$87,929
$290,070
$29,768
$223,499
77%
$66,571
$169,990
$25,557,753 $1,992,146 $22,697,319 89% $2,860,434 $20,776,071
$80,240
$6,038
$66,836
$89,080
$5,595
$84,690
$283,760
$22,110
$258,788
$280,970
$19,567
$228,941
$234,900
$25,157
$207,601
$217,120
$16,564
$190,985
$1,198,320
$16,830
$1,009,186
$639,200
$19,218
$97,398
$1,066,738
$74,985
$972,278
$6,009,166
$508,889
$5,294,398
$221,260
$16,613
$165,873
$327,340
$22,240
$268,029
$1,116,770
$64,831
$910,227
$4,750,106
$358,614
$4,115,176
$317,650
$23,522
$277,047
$139,100
$10,377
$123,244
$139,703
$7,959
$69,317
$331,740
$23,706
$177,642
$149,240
$11,101
$133,367
$329,460
$23,845
$301,252
$494,660
$41,936
$433,436
$532,335
$41,569
$453,146
$1,196,407
$189,333
$1,154,496
$136,550
$11,229
$121,354
$930,110
$68,983
$820,747
$192,490
$15,977
$169,561
$2,238,943
$152,303
$1,970,466
$2,151,964
$13,938
$2,009,713
$1,606,290
$133,524
$1,470,647
83%
$13,404
$69,264
95%
$4,390
$77,781
91%
$24,972
$247,007
81%
$52,029
$226,124
88%
$27,299
$189,180
88%
$26,135
$187,840
84%
$189,134
$696,672
15%
$541,602
$12
91%
$94,460
$746,946
88%
$714,768
$4,915,440
75%
$55,387
$136,406
82%
$59,311
$247,089
82%
$206,543
$901,925
87%
$634,930
$3,841,528
87%
$40,603
$290,347
89%
$15,856
$122,309
50%
$70,386
$58,955
54%
$154,098
$73,552
89%
$15,673
$126,503
91%
$28,208
$297,466
88%
$61,224
$417,013
85%
$79,189
$438,016
96%
$41,911
$1,116,629
89%
$15,196
$119,226
88%
$109,363
$955,266
88%
$22,929
$0
88%
$268,475
$2,146,819
93%
$142,251
$0
92%
$135,643
$1,429,955
$27,401612 $1,946,553 $23,555,843 86% $3,845,769 $20,075,270
$45,593 ($858,524) $700,801
CITY OF JEFFERSON
RECEIPTS, DISBURSEMENTS AND CASH BALANCES
FOR THE MONTH ENDING SEPTEMBER 30, 2005
CASH BALANCE CASH BALANCE
FUND September 1, 2005 RECEIPTS DISBURSEMENTS September 30, 2005
GENERAL FUND $2,676,302 $2,018,203 $2,608,395 $2,086,110
SPECIAL REVENUES
Grants
$64,291
$187
$66
$64,413
Parks & Recreation Fund
$555,164 '
$177,357
$420,869
$311,652
Police Training Fund
$84,224
$1,868
$0
$86,093
Lodging Tax Fund
$47,856
$32,919
$37,153
$43,621
TIF Fund
$3,762
$0
$0
$3,762
City Hall Art Fund
$18,088
$218
$0
$18,306
USS JC Submarine Trust
$18,948
$55
$0
$19,003
Woodland Cemetery Trust
$41,401
$121
$0
$41,522
CAPITAL PROJECT FUNDS
Streets Capital Projects
$110,129
$321
$0
$110,450
'apitalImprovement Tax 1992-1997
$734,173
$1,941
$97,869
$638,244
apitalImprovement Tax 1997-2002
$1,634,742
$3,855
$312,722
$1,325,874
Capital Improvement Tax 2002-2007
$5,218,569
$554,068
$224,069
$5,548,568
ENTERPRISE FUNDS
Water Fund
$85,511
$915
$1,800
$84,626
Airport Fund
$33,103
$17,170
$44,799
$5,474
Parking Fund
$125,774
$84,481
$62,036
$148,220
Transit Fund
($337,059)
$80,205
$182,487
($439,341)
Wastewater Fund
$7,898,094
$580,958
$611,453
$7,867,599
INTERNAL SERVICE FUNDS
Self-Insur/Worker'sComp
$1,226,856
$38,958
$21,282
$1,244,532
TRUST AND AGENCY FUNDS
Payroll Account
$188,320
$2,452,678
$2,387,864
$253,134
Firemen's Retirement Fund
$1
$29,376
$29,378
$0
Total All Funds
$20,428,250
$6,075,855
$7,042,242
$19,461,863
Naid Check $50.00
MINUTES
REGULAR MEETING OF HISTORIC PRESERVATION
September 13, 2005
MEMBERS PRESENT: ATTENDANCE:
Chris Neff, Chairman 6 of 8
Joan Kramer, Vice Chairman 7 of 8
Bill Dallmeyer 6 of 8
Dottie Dallmeyer 8 of 8
Sandy Hopkins 7 of 8
Hubie Neutzler 8 of 8
Tom Rynard 6 of 8
MEMBERS ABSENT:
Laura A. Ward, Secretary 7 of 8
Ralph Bray 4 of 5
COUNCIL LIAISON:
Michael Berry 2 of 8
STAFF:
Ron Davenport
The Historic Preservation Commission met Tuesday, September 13, 2005 at 6:30 p.m. in
the Small Conference Room of the John G. Christy Municipal Building, 320 E. McCarty
Street, Jefferson City, Missouri. The meeting was called to order by Chris Neff,
Chairman.
APPROVAL OF MINUTES FOR THE AUGUST 9 2005 REGULAR MEETING
Hubie Neutzler made a motion to approve the minutes from the August 9, 2005 meeting.
Tom Rynard seconded and the motion passed.
DEMOLITION APPLICATIONS. 514 BROADWAY STREET
Tom Rynard made a motion that the Commission release the permit for demolition at 514
Broadway Street. Hubie Neutzler seconded the motion. Discussion on the motion made
followed. Chris Neff inquired to Ron Davenport if there is a way the Historic
Preservation Commission could be informed when a new building is going to be
constructed in a Historic area. Ron Davenport said that it would work for the City to
inform the Commission when a building permit is applied for. Ron agreed to place the
Commission on a distribution list of entities that receive a communication from the City
that lists building permits applied for City-wide. The motion on the floor was called to
vote. The motion to release the demolition permit was passed. There was one vote not to
release the permit.
Minutes of the Regular Meeting of the Historic Preservation Commission. Jefferson City. Missouri
September B. 2005
page 2
OTHER BUSINESS
It was announced that information regarding the Historic Preservation Commission needs
to be updated for the CLG status to remain with Jefferson City. Chris Neff will be
informed of any information needed.
Ron Davenport announced that there was not money budgeted to the Historic
Preservation Commission to do any projects. This means that there is not money to
finance the markers for the Lower Jefferson Conservation District. Sandy Hopkins
suggested that we contact Rich Mays and put in a request for funding for the markers.
Chris Neff agreed to call Mike Berry, Council liaison, about the money to fund the
markers. The Commission agreed that a letter from the neighborhood needed to be
drafted to make this request, finalized, and sent to Rich Mays.
Chris Neff inquired to Ron Davenport how the Historic Preservation Commission can
become part of the City's web site. Ron Davenport agreed to find out if this could be
possible.
NEXT MEETING — OCTOBER 11. 2005. 6:30 P.M.
ADJOURNMENT
Tom Rynard moved to adjourn the meeting. Sandy Hopkins seconded. The motion
passed.
Respectfully submitted,
n
cc.,—
Joan Kramer
Vice Chairman
Minutes
City of Jefferson
Parks & Recreation Commission
Regular Meeting
ROLL CALL
COMMISSION
PRESENT:
Gene Bushmann
Linda McAnany
Jane Smith
Karl Staub
Larry Vincent
ABSENT.
Glenda Fry
Anne Lock
John Pelzer
CITY COUNCIL LIAISON
Edith Vogel
September 12, 2005
ATTENDANCE STAFF
RECORD PRESENT:
2-4
Director William Lockwood
4-4
General Recreation and Support Services
4-4
Division Director:
4-4
Tina Werner
3-4
Recreation and Special Services
Division Director:
Phil Stiles
3-4
Park Resources Division Director:
2-4
J.J. Gates
2-4
Administrative Assistant:
Amy Shaw
Press: Kris Hilgedick, News Tribune
Guests: Kim Hull, JCYHC
2-4
CALL TO ORDER
The meeting was called to order by President Vincent at 5:35 p.m. at the Little Theatre
Building, 1005 Chestnut Street, Jefferson City, MO 65101
APPROVAL OF AGENDA
President Vincent requested approval of the agenda as presented. Commissioner
Bushmann made a motion to approve the agenda. The motion was seconded by
Commissioner McAnany. The motion passed with all voting in favor.
PRESENTATIONS
CITY COUNCIL LIAISON - EDITH VOGEL
City Council Liaison Edith Vogel reported that the Finance Committee, comprised of
members of the City Council, is working to finalize the 2005-2006 fiscal year budget.
President Vincent asked if the travel monies have been restored to the budget. Director
Lockwood reported this issue has been leftto him, Steve Schlueter and Rich Mays to iron
out.
Vogel also reported that the City Administrator, Rich Mays, is leaving Jefferson City for
a position in Portland, Oregon. The Mayor will be tasked with finding a replacement in
the upcoming days.
President Vincent expressed his thanks on behalf of the Commission for Edith Vogel's
support relative to the Parks and Recreation budget.
ENVIRONMENTAL QUALITY COMMISSION LIAISON
President Vincent stated that the Commission had not met since our last meeting and no
comments were in order.
APPROVAL OF MINUTES
REGULAR MEETING OF AUGUST 8. 2005
Commissioner McAnany made a motion to approve minutes of the August 8, 2005
Commission Meeting. The motion was seconded by Commissioner Bushmann.
The motion passed with all voting in favor.
CLOSED MEETINGS OF AUGUST 8. 2005
Commissioner Smith made a motion to approve minutes of the August 8, 2005
Closed Meetings. The motion was seconded by Commissioner McAnany. The
motion passed with all voting in favor.
STAFF REPORTS/PROGRESS REPORTS
DIRECTORS REPORT
AUGUST FINANCIAL REPORT
Director Lockwood stated that the monthly financial report was included in the meeting
packet. Lockwood reported that everything is on track to meet goals outlined for the year
and revenues at the Ice Arena are the second highest for the five-year period due to the
continued growth of the extended season and the programs that were offered this
summer. Lockwood further reported that expenditures appear high in some areas,
especially with the rising fuel costs, but overall he feels the budget will come out in good
shape.
2005-2006 BUDGET UPDATE
Director Lockwood stated there was nothing additional to report as this was discussed
during the presentation from City Council Liaison Edith Vogel.
GREENWAY PROJECTS UPDATE
Director Lockwood reported that the Missouri Highway and Transportation Commission
met on Thursday, September 8, 2005 and approved three greenway projects that were
previously recommended by the District 5 Review Committee. Lockwood stated that the
primary project relating to the department would be the completion of the East Branch
Project which runs from McCarty Street to Elm Street. Next, the Lincoln University
Project that the Commission voted to support was approved with the final project being
the trail from Thomas Jefferson School on Fairgrounds Road to County Park. Director
Lockwood stated he has spoken to personnel at MoDOT and they have mailed us the
Project Agreements which will need to be approved by the City Council
Following discussion, Commissioner McAnany made a motion requesting the City
Council enter into and approve the project agreements with MoDOT on behalf of
the Parks and Recreation Department. The motion was seconded by
Commissioner Staub. The motion passed with all voting in favor.
Director Lockwood stated that he received word from MoDOT that they have approved
$700,000 in enhancement funds for the Katy Trail Trailhead project. He stated this will
be a unique approach as staff would be working with Charlie Brzuchalski of the Office of
Administration. He reported that the Memorandum of Understanding is a draft concept
of howthe Parks Commission and the Office of Administration would need to be working
together to make this project happen. He reported that the Parks Department would be
the lead agency but the project will actually be managed by the Office of Administration
as they would take care of supervision and monitoring of the architect, approval of plans,
supervision of the plans and specifications for bidding of the project and providing two-
thirds of the matching funds by utilizing the property value of the land. Lockwood stated
that we would be entering into a contract with the architect and the successful contract
firm, although construction would be monitored by OA architects and engineers with our
role being responsible for the financial end of the project.
Following discussion, Commission Bushmann made a motion approving the concept
outlined in the memorandum of understanding with final approval at a later date.
The motion was seconded by Commissioner Smith. The motion passed with all
voting in favor.
JULY GENERAL RECREATION & SUPPORT SERVICES REPORT, RECREATION
FACILITIES & SPECIAL SERVICES REPORT and JULY PARK RESOURCES
REPORT
Division Director Tina Werner, Phil Stiles and J.J. Gates deferred these reports as they
were presented as a part of the "Virtual" Tour.
COMMITTEE REPORTS AND ACTIONS
A. RECREATION SERVICES COMMITTEE
No work session has been held since the last Commission Meeting. The next
work session is tentatively scheduled for October 25, 2005 at 7:30 a.m.
B. LONG RANGE PLANNING COMMITTEE
In the absence of Commissioner Pelzer, Commissioner Bushmann stated he was
at the meeting and it was a very good meeting reviewing information dealing with
the Long Range Stewardship of the department. Following discussion,
Commissioner Bushmann made a motion to approve the minutes of the
August 23, 2005 work session. The motion was seconded by Commissioner
Staub. The motion passed with all voting in favor.
The next work session is tentatively scheduled for November 22, 2005 at 7:30
a.m.
C. PARK RESOURCES COMMITTEE
No work session has been held since the last Commission Meeting. The next
work session is tentatively scheduled for September 27, 2005 at 7:30 a.m.
D. AdHoc OAK HILLS ADVISORY COMMITTEE
No work session has been held since the last Commission Meeting. The next
work session is tentatively scheduled for January 17, 2006 at 5:30 p.m.
PRESIDENT'S REPORT/ANNOUNCEMENTS
OTHER BUSINESS
President Vincent recognized Kim Hull, President of the JCYHC and thanked him for
attending. President Vincent again stated it is the Commission's desire that by next year
there only be one hockey club in Jefferson City and that it not be the Capitals or the
Eagles but rather a combination of the two.
Hull provided a basic overview of what has transpired since the last Commission meeting
between the two clubs and reported that a family skate night was held with members
from both clubs attending.
CLOSED SESSION
Being no further business, Commissioner Vincent entertained a motion to enter into
Closed Session pursuant to Sec. 610.021.(2) for the purpose of discussing real
estate matters. The motion was seconded by Commissioner McAnany. On a Roll
Call Vote, all voted in favor as follows:
Aye: Bushmann, McAnany, Smith, Staub and Vincent
Nay: None
Absent: Fry, Lock and Pelzer
ADJOURNMENT
Being no further business, the regular meeting adjourned at 6:00 p.m.
Council Annexation Committee Meeting
September 27, 2004 - 5:30 p.m.
Present: Councilmen (Committee Members) Michael Berry, Brian Crane, Ken Ferguson, Roy
Viessman, .Jonathon Sclmitzler
Others Present: Mayor John Landwehr; Councilmen Kevin Brown, Dean Martin, Mike Harvey
Staff: Rich Mays, Melva Fast, Nathan Nickolaus, Bob Rennick, .Janice McMillan, Pat
Sullivan, Charlie Lansford
Agenda was adopted.
Minutes of August 30" were approved as written.
Chairman Ferguson stated that although public comments were not on the agenda, committee has
decided to allow public input. Mrs. Peggy Smart, a property owner in the area, indicated that
farm prices are low, doesn't want extra taxes, not interested in fire protection. Her family owns
only farmland and the vacant Renz Farm Site where they have had numerous break-ins.
Committee discussed voter -approved annexation in Callaway County along Hwy 63 that includes
approximately 1000 acres. It was state-owned prison property (Renz Farm). After the Flood of
1993, the property was sold to private owners who have begun to develop recreational and
commercial facilities along the highway corridor. This area is not covered by any fire protection
district and would benefit from planning and zoning.
City Attorney Nickolaus discussed a time line for a February/April election. Councilman Berry
made a motion to direct staff to draft ordinances and develop a plan of intent for the area.
Seconded by Martin and passed.
The Annexation Committee recommended that city staff:
Continue to talk with property owners;
Develop a plan of intent;
— Look at February 2005 for first election;
Look at moving to Cedar Creek for the western boundary line.
In the future the Committee will review plans for the 179 Corridor and make contacts with
property owners.
Council Growth and Annexation Committee Meeting
January 31, 2005 - 5:30 p.m.
Present: Councilmen Michael Berry, Brian Crane, Ken Ferguson, Cindy Layton (Committee Members)
Others Present: Mayor John Landwehr; Councilmen Dean Martin, Bob Weber, Kris Hilgedick
Staff: Rich Mays, Melva Fast, Nathan Nickolaus, Bob Rennick, Pat Sullivan
Minutes from September 27, 2004 meeting were approved.
Katv Trail Annexation Report - Bob Weber. Capital City Gateway Committee
Chairman Ferguson introduced Bob Weber, Chairman/Treasurer of Capital City Gateway
Committee. Chairman Weber gave a report to the group about the Katy Trail Annexation effort.
He made the following points: Advertising will appear in the newspaper and on the radio over the
next 10 days to promote the annexation and to get out the February vote. Emphasis is being
placed on sensible growth, economic development, protect the gateway to our city, public
safety/protection for the recreational areas, emergency response and planning.
179 Corridor Discussion
Mayor Landwehr requested that the Committee look ahead to 2006 as it is his intent to have a
voter -approved annexation on the ballot each year. He suggested that the Committee begin to
look at the 179 Corridor for three reasons: 1) City has a large investment in that area; in looking at
the map, it is an obvious area for expansion and growth; 2) Area was recommended by Capital
Area for Planned Growth as an area for annexation; 3) Voluntary annexation of St.Marys Hospital
tract.
Discussion followed. It was suggested that informally city councilmen talk to residents of the
neighborhoods in small groups before developing a plan for annexation. Mayor Landwehr will
make contacts with the rural fire protection districts and utility companies.
City Attorney Nickolaus distributed a time line for a February/April election in 2006.
Councilman Berry requested that another meeting of the committee be scheduled after the staff
has done some preliminary work in gathering data and putting together maps of the 179 area
showing land use, development, sewer lines and topography.
In the future the Council will review the 179 Corridor and make contacts with property owners.
The next meeting for the Planned Growth and Annexation Committee is 5 p.m. February 15"
Meeting adjourned at 6:30 p.m.
Council Growth and Annexation Committee Meeting
February 15, 2005
Present: Councilpersons Michael Berry, Brian Crane, Ken Ferguson, Cindy Layton (Committee
Members)
Others Present: Mayor John Landwehr; Councilpersons Dean Martin and Kevin Brown
Staff: Rich Mays, Melva Fast, Nathan Nickolaus, Bob Renick, Pat Sullivan, Janice McMillan
Minutes from January 31, 2005 meeting were approved.
179 Corridor Discussion
Aerial and existing land use maps of the 179 corridor were distributed for review. Two types of
areas were identified: established areas (neighborhood subdivisions) and open tracts (future
development land). It was acknowledged that the two areas present different opportunities for
annexation and growth. The neighborhood subdivisions are already developed and will
essentially be accepted as they exist into the city. By contrast, the open tracts are not
developed and would benefit from planing, zoning and guided growth.
Mayor Landwehr invited the Council to participate with the citizens committee that is leading the
Katy Trail Annexation effort to get out the vote for the April election. He encouraged this
Committee to continue to move toward a 179 Corridor Plan of Intent which needs to be
formulated by early June so that an annexation issue can be placed on the ballot next February.
It was agreed that the council and mayor should make contacts with residents in the 179 Corridor.
Residents in the two subdivisions, Fainwood and Colonial Hills, should be approached by council
members to set up small group meeting for the purpose of discussing neighborhood needs.
Mayor Landwehr will contact Tom Piper and ask him to identify interested residents in Colonial
Hills; Councilperson Layton will contact Dr. Kimlinger for the same purpose in Fainwood .
There was also discussion about excluding established neighborhoods from voter approved
annexation.
Councilpersons Brown and Layton are holding a 4°i Ward meeting this Friday evening at 5:30
p.m. at Cedar Hills Elementary School. They have invited interested residents in the Fainwood
and Colonial Hills subdivisions to attend as well.
The next meeting of the Growth & Annexation Committee is 5:15 p.m. February 28" Progress
on neighborhood meetings will be discussed.. Staff was also requested to review the CAPPG
final report.
Meeting adjourned at 6:10 p.m.
Council Growth and Annexation Committee Meeting
February 28, 2005
Present: Councilpersons , Brian Crane, Ken Ferguson, Kevin Brown, Dean Martin
Others Present: Mayor John Landwehr; Staff: Rich Mays, Melva Fast, Nathan Nickolaus, Bob
Rennick, Pat Sullivan, Kris Hilgedick
Meeting came to order at 5:20. Minutes from February 15, 2005 meeting were approved.
179 Corridor Discussion -Neighborhood Meetines
The concept of neighborhood meetings in Colonial Hills and Fainwood was discussed briefly at
the Ward 4 Meeting on February 18". Preliminary contacts have been made with residents of
Colonial Hills. Mayor Landwehr has talked with Tom Piper, and they will work together to visit
individuals in small groups or a "town hall" type setting -whichever is preferred. Councilperson
Layton was to contact Dr. Kimlinger. She was not present at the meeting so no report was given.
CAPPG Recommendations
A summary sheet of the ten recommendations that were included in the Capital Area Partnership
for Planned Growth Report was distributed and reviewed. There was a general discussion about
emergency sirens, land use, utility providers, storm water and city -county cooperation.
Other Business -
Develop contacts in 179 Corridor and set up small neighborhood meetings. Mayor will work
through city staff and committee members will participate when possible. Pat Sullivan was
requested to contact Chris Yarnell and drive the 179 area to identify specific needs and become
more familiar with the streets, storm water and other public issues. There was concern about
generating a list of needs that exceeds the resources available or allows "annexation areas" to
supersede city residents in established neighborhoods.
The next meeting of the Growth & Annexation Committee will either be March 15 or 16"' over
the noon hour. Staff will arrange a bus tour of the 179 corridor.
Meeting adjourned at 6:05 p.m.
City of Jefferson
Human Relations Commission
Minutes
September 13, 2005
Commission Members present:
Attendance record:
Alan Mudd, Chair (April 05)
20-21
Stu Murphy, Vice -Chair (April 05)
14-21 (14-17)
Freda Cash Bady, Secretary
19-21
Gabriel Hulsey
18-20
Kojo Quartey
14-21
Pat Wright Tatum
17-20
Dan Nichols
6-21 (6-6)
William Edwards
6-21(6-6)
Lori Chowdhury
4-21 (4-6)
Commission Members absent:
Attendance record:
none
Staff and Council present:
Guests present:
Joseph D. McDonald
Gail Strope
1. Call to Order
Chair Alan Mudd called the meeting to order at 5:31 p.m.
2. Roll Call
Secretary Freda Cash Bady called the roll, all members present.
3. Public Forum (five minute limit per person)
Citizen Joseph D. McDonald presented instances of discrimination he has experienced in
the community of Jefferson City as it relates to homosexuality:
a. August 15, 2005, Mr. McDonald attempted to purchase gas at the Citgo service
station on Dunklin and Jefferson Streets. Mr. McDonald expressed having to
wait for two (2) minutes before he was acknowledged by the attendant, and then
the money he had given to the attendant was thrown back to him and he was told
that he could not purchase the gas along with unkind words spoken to him
regarding his homosexuality. The Jefferson City police department was called
and Mr. McDonald lodged his complaint regarding the discriminatory remarks
and practice expressed by the attendant, who stated that he was the owner of the
station.
Mr. McDonald filed a complaint with the Human Rights Commission and was
told that his complaintis a civil issue and not a criminal issue. He was further
told by.Mr. David Baker that he was not a victim protected under the law. Mr.
McDonald has contacted the following television stations regarding this incident:
KCRG and KOMU 8; and KMIZ will cover it when the complaint is filed; and
the New§ Tribune will not place it in the newspaper.
b. Another incident occurred in the summer of 1999, at the apartment complex
where Mr. McDonald was renting. His storage shed was vandalized and spray
painted with discriminatory words
4. Approve Agenda
Agenda was approved and accepted as presented.
5. Approval of August 2005 Minutes
Acceptance of the August 2005 minutes was approved as follows:
Dan Nichols moved for the acceptance; Stu Murphy second the motion. Motion
carried.
6. Old Business
a. Discussion of Retreat Plans
Chair Mudd requested that the "retreat" planned for September 10, 2005 be tabled
until the HRC has a full board. All HRC members present agreed.
The following persons have been invited to join the HRC, and have received
applications: Mr. Maricio Vargas, Mr. Ron Wilson, and Ms. Mary Simmons.
The workshop planned for September 20, 2005 — 6:00 p.m. to 8:00 p.m. will be held
in Langston Hughes Auditorium on the campus of Lincoln University - Dr. Quartey
has posted flyers in various areas on the campus, and he has emailed the faculty of
Lincoln University requesting their assistance by requiring students to attend.
Information has also been sent to the Public Relations office. Flyers will also be sent
to KJLU radio, and Channel 3.
Stu Murphy has been in conversation with Donna Cavitte, who will be the speaker
for this workshop. Alan Mudd will introduce Mrs. Cavitte, and he will also provide
information regarding the "who" and "what" of the HRC. Refreshments will also be
provided.
7. New Business
a. Letter from CURE
A letter from Congregations United for Racial Equity (CURE) was distributed. The
letter is a response to HRC's request for CURE's attention and opinion on the
discrimination issues (Gay and Lesbian rights and racial) in the Jefferson City
community (letter is attached).
b. Discrimination Request Follow-up
Chair Mudd led the discussion stating that discrimination of any kind is a weighty and
challenging issue, and that as the HRC, all attention that the Commission can give it will
be beneficial for the City of Jefferson as a whole.
City Staff Liaison Gail Strope informed the HRC of the City Attorney's investigation of
the concept of "sexual orientation" as an ordinance. "The City of Jefferson cannot
enforce the discrimination ordinance of race, etc., in that they do not have such powers
of enforcement.
There was a consensus of the HRC members to find out about the enforcement laws of
other cities in Missouri (Columbia, St. Louis, and Kansas City) in order to have
enforcement rights established in the City of Jefferson, Missouri. It was noted that the
Human Rights Commission (for the State of Missouri) have enforcement powers within
their particular organization, and to have impact on the discrimination issues that have
come before Jefferson City's HRC, the HRC must convince the Mayor and the City
Council the need for a commission with discrimination enforcement powers in place to
handle these issues. Before moving forward, the current HRC Commissioners
determined it would be best to wait until we have the additional members on the HRC
for a full board before moving forward with the next steps in resolving the HRC's
enforcement powers and policy.
Further discussion around the next steps occurred with a suggestion of having
conversation with those members of the City Council who will be willing to handle this
issue and take the necessary steps to get the policy passed. Suggested members of the
City Council were Councilmen Kermeth Ferguson and Brian Pope.
Also, the HRC Commissioners would like to have a "working" meeting with the Mayor,
the City Manager, City Attorney, and HRC Liaison and explore the possibility of the
City Council selecting two (2) or three (3) council members to meet with HRC and
discuss ways of handling this sensitive issue. Also suggested was to receive a
"position" paper from Donna Cavitte for presentation to the Mayor and City Council
members.
8. Next Meeting Date: October 11, 2005 at 5:30 p.m. (City Hall)
9. Announcements
September 19, 2005 at 7:00 p.m. — PFLAG/:BGT Meeting at Shikles Auditorium
Topic: Subtle Oppression of Language
September 25, 2005 at 1:30 p.m. — Lisa Ann Newsom, Chair of the City of Fulton
Human Rights Commission and members of the Fulton commission will present at the
Summit Lake Winery
10. Adjournment
There being no further business, the meeting was adjourned at 6:25 p.m.
COUNCIL WORK SESSION SEPTEMBER 30, 2005
The September 30, 2005, 'Brown Bag" Work Session was convened at 11:00 A.M. by
Mayor John Landwehr.
The following Council Members were present when the meeting convened:
Present: Brown, Crane, Ferguson, Harvey, Layton, Martin, and Vogel
Absent: Berry, Pope, and Schnitzler
A quorum was present.
Items were not necessarily discussed in order that they appeared on the agenda.
APPOINTMENTS:
Mayor John Landwehr announced that he will be appointing the following persons to the
City Administrator Search Committee, and he will also announce those Monday night at the
Council meeting:
Former Councilman Charles W. Jackson
Bert Kimbel
Councilman Dean Martin
Councilman Edith Vogel
John Pelzer
Mike Shimmens
Human Resources Director Gail Strope
Mayor Landwehr also announced that several people have indicated they wish to serve on
the Building Appearance Committee, and that he has also asked the Chairman of the
Planning and Zoning Commission to submit some names from that Commission, and he
has asked Heath Clarkston to submit a couple of names from the building community. He
would also like for one or two City Council members to serve. Those persons who have
already signed up to serve, and will be appointed, are former Councilman Carol Blaney and
Cathy Bordner. He stated he is also requesting that Assistant to the City Administrator
Melva Fast and City Planner Janice McMillan staff the committee.
COUNCIL WORK SESSION SEPTEMBER 30, 2005 2
BIDS OVER $25,000:
Councilman Kevin Brown asked if the radios will be compatible with digital code. Jason
Turner of the Fire Department will get that information for him before Monday night's
meeting.
BILLS PENDING:
Bill 2005-78 will need to be placed on the Informal Calendar until public notice requirements
can be fulfilled.
BILLS INTRODUCED:
A motion was made by Councilman Kevin Brown to add Bill 2005-94 pertaining to the sale
of Sewerage System Revenue Bonds to the agenda under Bills Introduced, seconded by
Councilman Dean Martin, and approved unanimously. Bill 2005-94 will be added to the
agenda and introduced October 3, 2005.
Councilman Edith Vogel left the meeting at this point (11:23 P.M.)
CLOSED SESSION:
Mayor John Landwehr requested that the category of Real Estate be added to the agenda
under Closed Session. A motion was made by Councilman Cindy Layton to add the item
to the agenda, seconded by Councilman Dean Martin, and approved unanimously.
ADJOURNMENT:
There being no other business brought forward, the meeting adjourned at 11:30 A.M.
COUNCIL WORK SESSION OCTOBER 3, 2005
The Council "Pre -Meeting" Work Session of October 3, 2005, was convened at 5:45 P.M. by
Mayor John Landwehr.
r —
TT�>+�DAN1 _ _ ..v.._.. .._
The following Council Members were present:
Present: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Absent: None
A quorum was present.
DISUSSION��!,F,�4GENp�1'�T€MS��.�' `,,�.. i,h_�...._ _,..,r_ _..... ._� .'....,•�
Items were not necessarily discussed in order that they appeared on the agenda.
APPOINTMENTS:
Mayor John Landwehr announced that he will be appointing the following persons to the City
Administrator Search Committee, and he will also announce those later at the regular
meeting:
Former Councilman Charles W. Jackson
Bert Kimbel
Councilman Dean Martin
Councilman Edith Vogel
John Pelzer
Mike Shimmens
Human Resources Director Gail Strope
Mayor Landwehr also announced that several people have indicated they wish to serve on
the Building Appearance Committee, and that he has also asked the Chairman of the
Planning and Zoning Commission to submit some names from that Commission, and he has
asked Heath Clarkston to submit a couple of names from the building community. He would
also like for one or two City Council members to serve. Those persons who have already
signed up to serve, and will be appointed, are former Councilman Carol Blaney and Cathy
Bordner. He stated he is also requesting that Assistant to the City Administrator Melva Fast
and City Planner Janice McMillan staff the committee.
COUNCIL WORK SESSION OCTOBER 3, 2005 2
RESOLUTIONS
RS2005-7: Mayor John Landwehr asked if the Council would consent to moving this
resolution up on the agenda to pass after Susan Green makes her presentation and the
Council has had opportunity to discuss the issue. The Council did not object to moving the
Resolution forward on the agenda.
The meeting adjourned at 6:00 P.M.
REGULAR COUNCIL MEETING OCTOBER 3, 2005 1
The Regular Council Meeting of October 3, 2005, was convened at 6:00 P.M. by Mayor
John Landwehr.
Prayer was offered by Councilman Michael Berry, followed by the Pledge of Allegiance.
"LIZA -, ,
The following Council Members were present for the roll call:
Present: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Absent: None
A quorum was declared present.
ii.
a) Special Exception Use Permit for Target Expansion to Superstore at 735 W. Stadium
Blvd.
City Planner Janice McMillan made a presentation on behalf of staff explaining the
background of the proposed special exception use permit. Following staff testimony, the
following persons came forward to speak on the issue.
In favor:
Mr. Jason Combs of Woolpert Inc., 343 Fountains Parkway, Suite 100, Fairview Heights,
IL, made a presentation on behalf of the applicant, Target. He answered questions asked
by the Council about the project.
No one came forward to speak in opposition to the special exception use permit.
Mayor John Landwehr declared the evidentiary portion of the public hearing concluded, and
announced that the Council will now take up the vote on the associated pending bill
- 2005-79, as well as 2005-80 since it is related as well.
REGULAR COUNCIL MEETING OCTOBER 3, 2005 2
Bill 2005-79, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A SPECIAL
EXCEPTION USE PERMIT FOR EXPANSION OF THE RETAIL DEPARTMENT STORE
INTO A SUPERSTORE/BIG BOX RETAIL DEVELOPMENT FOR 13.4 ACRES OF LAND
LOCATED AT 735 WEST STADIUM BOULEVARD, DESCRIBED AS PART OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 11,
TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE COUNTY,
MISSOURI.
Bill 2005-79 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13946:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Nay: None
Bill 2005-80, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH
TARGET, INC..
Bill 2005- was read third time by title, placed on final passage and passed by the following
roll -call vote as Ordinance 13947:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, SchniLder,
and Vogel
Nay: None
Mayor John Landwehr announced that the following minutes and reports have been
received and are on file and may be reviewed in the City Clerk's office:
a. CAMPO Board of Directors, August 24, 2005
b. CAMPO Xd Quarter Report
C. Finance Committee, August 29, 2005
d. Human Relations Commission, 3-9, 5-20, 9-14,11-9 in 2004; and 2-8, 3-8, 5-
10, 6-14, 7-12, and 8-9 in 2005
e. Housing Authority Board of Commissioners, August 23, 2005
f. CAMPO 2006 Unified Planning Work Program for Jefferson City Metropolitan
Region
REGULAR COUNCIL MEETING OCTOBER 3, 2005 3
LCItJNCI,L LIAWW `12 PQR1 S ': a
No liaison reports were given at this time.
�4t�t�f3�iN�Elljf>�I�T,S�FtF�OTH���P�A1l�A�I11���T11���N>a E�/jfi1TS ;' . '- - _
Councilman Kevin Brown announced a Finance Committee meeting will be held Monday,
October 24, at 6:00 P.M.
Mayor John Landwehr announced he would entertain a motion to approve the following
recommended appointments to city boards and commissions, with the exception of third -
term re -appointments. He indicated that, by city regulations, all third -term reappointments
have to be approved by a two-thirds majority. The appointments were as follow:
Board
Person
Type
Ward
Term Expires
Term Status
EQC
William Jackson
Nov 2007
partial
Trans & Traffic
Ray Bledsoe
June 2008
I" full term
Trans & Traffic
Greg Hayes
June 2008
full
Parks
Jane Smith
May 2008
1" full term
Parks
Gene Bushman
May 2008
2"d full term
Parks
Karl Staub
May 2008
2"' full term
Parks
Michael Couty
May 2007
partial
Planning and Zoning
Mike Berendzen —third term
May 2009
3rd full term
Planning and Zoning
Dave Hagan — third term
May 2009
3"' full term
Planning and Zoning
Bob George — Alternate member
May 2009
2'" full term
Submarine Committee
Denny Bannister
June 2008
l" full term
Human Relations Comm
Mauricio Vargas
Oct 2005
partial
Human Relations Comm
Mary Simmons
Oct 2006
partial
Plumbing Board
Jerry Rosslan
Dec 2005
partial
Board of Adjustment
Kevin Meinhardt
Sept 2010
2"d full term
Board of Adjustment
Dan Klindt — Alternate Member
Sept 2006
1" full term
Board of Adjustment
Richard Rolsing — Alternate Member
Sept 2006
1" full term
Board of Adjustment
I Chuck McPheeters — Alternate MemberSe
t 2006
3"' full term
REGULAR COUNCIL MEETING OCTOBER 3, 2005 4
A motion was made by Councilman Michael Berry to approve all appointments with the
exception of the third -term appointees, seconded by Councilman Kevin Brown, and
approved unanimously.
Third -tem appointments: A motion was made by Councilman Dean Martin to approve the
three third -term appointments, seconded by Councilman Michael Berry, and approved
unanimously by the following roll -call vote:
Present: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope, Schnitzler,
and Vogel
Absent: None
Mayor John Landwehr asked Councilman Edith Vogel to make an announcement about
vacancies on city boards and commissions. Councilman Vogel announced which boards
and commissions had, orwill soon have, vacancies, and urged interested citizens to contact
city hall to indicate their interest in serving on any of those.
Mayor John Landwehr announced that he is appointing the following persons to the City
Administrator Search Committee:
Former Councilman Charles W. Jackson
Bert Kimbel
Councilman Dean Martin
Councilman Edith Vogel
John Pelzer
Mike Shimmens
Human Resources Director Gail Strope
Mayor Landwehr also announced that several people have indicated they wish to serve on
the Building Appearance Committee, and that he has also asked a couple of others who
have not responded yet. He indicated that Councilman Cindy Layton has volunteered to be
the Council representative on the committee and she will coordinate setting up a meeting.
Those persons who have already signed up to serve, and will be recommended for
appointment, are as follow:
Former Councilman Carol Blaney
Cathy Bordner
Kas Mahfood
Ron Brown
Nicky Courtney
Ron Lehman
Councilman Cindy Layton
He stated he is also requesting that Assistant to the City Administrator Melva Fast and City
Planner Janice McMillan to be the staff liaisons. He asked the City Clerk to place on the
agenda 60 days from now to receive a report on the progress of the committee.
REGULAR COUNCIL MEETING OCTOBER 3, 2005 5
Ms. Mary Winter, Jefferson City Helps, gave the Council and citizens a status report on the
progress of relief to the city of Waveland, Mississippi in the wake of Hurricane Katrina. She
stated there will be another collection of donated good which can be dropped off at the
Coca-Cola building on Sunday, October 9, from 11:00 A.M. to 1:00 P.M., and that people
can see the list of needed items at the organizations website at www.jeffcityhelps.org.
Ms. Susan Green made a presentation regarding the National Incident Management
System (NIMS) resolution which is on the agenda for approval tonight. She explained why
that it is important for cities to be in compliance with NIMS for homeland security, disaster
recovery, and federal funding for any emergency management in the future.
Councilman Kevin Brown also made comments regarding the NIMS presentation explaining
that future federal funding will be given to those cities with the highest percentage of NIMS
training.
Mayor John Landwehr stated the Council will now consider Resolution RS2005-7 since it
is related to the presentation which was just made.
RS2005-7 Designating National Incident Management Systems (NIMS) as Basis for all
Incident Management in the City of Jefferson (Brown).
A motion was made by Councilman Kevin Brown for adoption of RS2005-7 as presented,
seconded by Councilman Mike Harvey, and approved unanimously.
The following items were on the agenda for Council approval by Consent:
a. Minutes of Council Meetings: Sept. 16 Brown Bag, September 19 Pre -Meeting
and Regular Meeting
b. (RENEWAL) Agreement with United Healthcare for Group Health Insurance -
Human Resources Dept.
C. Designation of Employer Representative to LAGERS Annual Meeting -
Charles Lansford
REGULAR COUNCIL MEETING OCTOBER 3, 2005 6
A motion was made by Councilman Michael Berry to approve the Consent Agenda as
presented, seconded by Councilman Cindy Layton, and approved unanimously.
The following bid was presented to the Council for approval:
a. Bid 2218 - Portable Radios, Police Dept.
A motion was made by Councilman Kevin Brown to approve the bid as presented,
seconded by Councilman Mike Harvey, and approved unanimously.
LaN
ii1L_..
TILD>CID kli}4 F 13 S h
.n. _ .ur.
Bill 2005-83, sponsored by Councilmen Berry, Brown, Crane, Ferguson, Harvey, Layton,
Martin, Pope, Schnitzler, and Vogel entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING THE 2005
ELECTION FILING PERIOD, AND ESTABLISHING THE 2006 PRIMARY AND GENERAL
ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI.
Bill 2005-84, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY AND FINAL PUD PLAN FOR A 14.69 ACRE TRACT ADDRESSED AS
1414 WEST MAIN STREET, LOCATED ON PART OF THE SOUTHEAST QUARTER OF
SECTION 1, TOWNSHIP 44 NORTH, RANGE 12 WEST, JEFFERSON CITY, COLE
COUNTY, MISSOURI.
Bill 2005-85, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE
VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING
NORTHWESTERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON,
MISSOURI, LOCATED IN SECTION 28, IN TOWNSHIP 45 NORTH, RANGE 12 WEST
IN THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1-17 OF
THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY
BOUNDARY BY ADDING ONE NEW SUB -SECTION PERTAINING TO THE SAME
SUBJECT.
Bill 2005.86, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE
VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING
REGULAR COUNCIL MEETING OCTOBER 3, 2005 7
SOUTHERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON,
MISSOURI, LOCATED IN SECTION 15, IN TOWNSHIP 44 NORTH, RANGE 12 WEST IN
THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1-17 OF
THE CODE OFTHE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY
BOUNDARY BY ADDING ONE NEW SUB -SECTION PERTAINING TO THE SAME
SUBJECT.
Bill 2005-87, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE
VOLUNTARY ANNEXATION OF REAL PROPERTY CONTIGUOUS TO, AND LYING
SOUTHERLY OF THE PRESENT CITY LIMITS, INTO THE CITY OF JEFFERSON,
MISSOURI, LOCATED IN SECTION 11, IN TOWNSHIP 44 NORTH, RANGE 12 WEST IN
THE COUNTY OF COLE, STATE OF MISSOURI, AND AMENDING SECTION 1-17 OF
THE CODE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY
BOUNDARY BY ADDING ONE NEW SUB -SECTION PERTAINING TO THE SAME
SUBJECT.
Bill 2005-88, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERKTO EXECUTEAN AGREEMENT WITH WATER DISTRICT#2.
Bill 2005-89, sponsored by Councilman Ferguson, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 34,
ARTICLE III OF THE CODE PERTAINING TO TRANSIT CHARTERS AND SPECIAL
ROUTES.
Bill 2005-90, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A DEVELOPMENT AGREEMENT WITH
STADIUM WEST PROPERTIES, LLC.
Bill 2005-91, sponsored by Councilman Martin, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A
CERTAIN EASEMENT FOR SANITARY SEWER PURPOSES IN LOTS 3, 4, AND 5 OF CC
WEST SUBDIVISION, SECTION 2.
Bill 2005-92, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 3.5
REGULAR COUNCIL MEETING OCTOBER 3, 2005
OF THE FLEXIBLE BENEFIT PLAN FOR CITY EMPLOYEES AS ORIGINALLY ADOPTED
BY ORDINANCE 12181, AS MOST RECENTLY AMENDED BY ORDINANCE 13783.
Bill 2005-93, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
UNIMERICA GROUP LIFE INSURANCE CARRIER FOR EMPLOYEES OF THE CITY OF
JEFFERSON.
Bili 2005-94, sponsored by Councilman Brown, entitled:
AN ORDINANCE OFTHE CITY OF JEFFERSON, MISSOURI, AUTHORIZINGSEWERAGE
SYSTEM REFUNDING AND IMPROVEMENT REVENUE BONDS (STATE REVOLVING
FUND PROGRAM) SERIES 2005C.
A motion was made by Councilman Cindy Layton to accept the Substitute Bill 2005-94
which was distributed to the Council previous to this meeting, seconded by Councilman
Kevin Brown, and approved unanimously.
Wastewater Division Director Eric Seaman stated that Mr. Jack Dillingham will be at the
October 17 Council Meeting to make a presentation and answer any questions of the
Council on this issue. The City Clerk was asked to place Mr. Dillingham on the October 17
agenda as in invited guest.
IBiLL�l7GLJf�tz
Bill 2005-72, sponsored by Councilman Berry, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, RELINQUISHING A
CERTAIN EASEMENT FOR DRAINAGE AND UTILITY PURPOSES ON LOT B OF THE
REPLAT OF FOX RIDGE SUBDIVISION.
Bill 2005- was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13940:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Nay: None
Bill 2005-73, sponsored by Councilman Berry, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
SUPPLEMENTAL APPROPRIATION OF SURPLUS FUNDS FOR RELOCATION OF A
6" WATER MAIN TO ACCOMMODATE THE WEHMEYER ROAD CONSTRUCTION.
Bill 2005-73 was read third time by title, placed on final passage and passed by the
REGULAR COUNCIL MEETING OCTOBER 3, 2005
following roll -call vote as Ordinance 13941:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Nay: None
Bill 2005-74, sponsored by Councilman Brown, entitled:
N
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING
SUPPLEMENTAL APPROPRIATION FUNDS, AMENDING THE 2004-2005 ANNUAL
BUDGET WITHIN THE GENERAL FUND.
Bill 2005-74 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13942:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Nay: None
Bill 2005-75, sponsored by Councilman Schnitzler, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19-401, (STREETS AND HIGHWAYS), SCHEDULE A (SPEED LIMITS),
SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF
JEFFERSON, PERTAINING TO SPEED LIMITS ON PORTIONS OF EAST MCCARTY
STREET.
Bill 2005-75 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13943:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Nay: None
Bill 2005-76, sponsored by Councilman Schnitzler, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19-401, (STREETS AND HIGHWAYS), SCHEDULE A (SPEED LIMITS),
SUBPARAGRAPH (D), (FORTY MILES PER HOUR) OF THE CODE OF THE CITY OF
JEFFERSON, PERTAINING TO SPEED LIMITS ON A PORTION OF SOUTH
COUNTRY CLUB DRIVE.
Bill 2005-13944 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13944:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
REGULAR COUNCIL MEETING OCTOBER 3, 2005 10
Schnitzler, and Vogel
Nay: None
Bill 2005-77, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL PLAT OF COVINGTON GARDENS SUBDIVISION, SECTION
FIVE, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Bill 2005-77 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13945:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Nay: None
Bill 2005-78, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING THE NAME
OF THE STREET NOW KNOWN AS IKON DRIVE TO MODERN DRIVE.
Councilman Kevin Brown requested that Bill 2005-78 be placed on the Informal
Calendar at this time to allow time to fulfill public notice requirements.
Bills 2005-79 and 2005-80 were passed earlier in the meeting.
Bill 2005-81, sponsored by Councilman Vogel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO ENTER INTO A PROGRAM AGREEMENT ON BEHALF
OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN
AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY
SYSTEM.
Bill 2005-81 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13948:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Nay: None
Bill 2005-82, sponsored by Councilman Vogel, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
REGULAR COUNCIL MEETING OCTOBER 3, 2005 11
MAYOR AND CITY CLERK TO ENTER INTO A PROGRAM AGREEMENT ON BEHALF
OF THE CITY OF JEFFERSON PARKS AND RECREATION COMMISSION WITH THE
MISSOURI HIGHWAY AND TRANSPORTATION COMMISSION FOR PEDESTRIAN
AND BICYCLE FACILITIES AS A PART OF THE JEFFERSON CITY GREENWAY
SYSTEM.
Bill 2005-82 was read third time by title, placed on final passage and passed by the
following roll -call vote as Ordinance 13949:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Nay: None
!N�-1C�i�N1�F�,--f,l��.—.��;.s.� f Yk. tiST inx . � r c—c_-ri� -x Nim a �i �... _. z �. j•i � `i
Bill 2005-61, sponsored by Councilman Brown, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ADOPTING A BUDGET
AND PERSONNEL CLASSIFICATION PLAN FOR THE CITY FOR THE PERIOD OF
NOVEMBER 1, 2005, TO OCTOBER 31, 2006, AND APPROPRIATING MONEY IN
THE CITY TREASURY TO PAY THE COST OF OPERATING THE CITY
GOVERNMENT DURING THAT PERIOD IN ACCORDANCE WITH THE BUDGET.
Councilman Kevin Brown requested that Bill 2005-61 be removed from the Informal
Calendar and placed on final passage at this time. Bill 2005-61 was read third time by
title and placed on final passage. A motion was made by Councilman Kevin Brown to
accept Substitute Bill 2005-6 which was previously distributed to the Council, seconded
by Councilman Jonathon Schnitzler, and approved unanimously. Bill 2005-61 was then
passed, as substituted, by the following roll -call vote as Ordinance 13950:
Aye: Berry, Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Nay: None
Resolution RS2005-7 was adopted earlier in the meeting.
Resolution RS2005-8 Accepting Voluntary Benefit Plans Through Colonial Life
Insurance for Supplemental Insurance Benefits (Brown)
REGULAR COUNCIL MEETING OCTOBER 3, 2005 12
A report was given by City Counselor Nathan Nickolaus regarding staff's
recommendations and findings regarding code enforcement issues, which included 17
specific observations and/or recommendations. Several questions were asked by the
Council regarding some of the items contained in Mr. Nicklaus's report.
NEW
Councilman Dean Martin stated that the next Public Works and Planning Committee will
be held Tuesday, October 18, at 5:30 P.M.
UIINIShT
There was no Unfinished Business brought forward at this time.
�17V��C�C.ea7�����•+5�''Sr�'�r���„'�y§��'j` e�rs-� �s '�c�,��xrerC r�-� er } .. .�_ s,..
Mayor John Landwehr stated that, pursuant to Sec. 610.021 of the Revised Statutes of
Missouri, he would entertain a motion for the Council to go into Closed Session to
discuss the following:
a. Real Estate [Sec. 610.021.(2)]
b. Personnel [Sec. 610.021(3)]
A motion was made by Councilman Michael Berry to go into Closed Session, seconded
by Councilman Jonathon Schnitzler, and approved unanimously by the following roll -call
vote at 7:20 P.M.:
Aye: Bert', Brown, Crane, Ferguson, Harvey, Layton, Martin, Pope,
Schnitzler, and Vogel
Nay: None
CITY OF JEFFERSON
RENEWAL OF THE LEGISLATIVE CONSULTANT AGREEMENT
WHEREAS, the City of Jefferson, Missouri, a municipal corporation, in Jefferson City, Missouri,
hereinafter designated "City,"entered into an Agreement with Thomas P. Rackers Consulting, L.L.C.,
with offices in Jefferson City, Missouri, hereinafter referred to as "Consultant," on November 1,2004.
WHEREAS, the Agreement was for lobbyist services;
WHEREAS, both parties wish to extend the agreement for the first of four additional one-year renewal
periods as stipulated in Item 8, dated November 1, 2004; and
WHEREAS, both parties agree to amend Item 3 of the agreement dated November 1, 2004, to reflect
compensation of Twenty Thousand Dollars ($20,000.00) for the first year's renewal.
NOW, THEREFORE, be it agreed by the parties that the agreement is hereby renewed for the first of
four renewalperiods endingAugust 30, 2006, and to increase compensation to Twenty Thousand Dollars
($20,000.00).
IN TESTIMONY WHEREOF, the parties have hereunto set their hands and seals this day of
October, 2005.
CITY OF JEFFERSON, MISSOURI THOMAS P. RACKERS CONSULTING LLC
Mayor Lobbyist
ATTEST:
City Clerk
APPRQN�ED AS TO FORM:
City
---- HiContm l F MNa f=iond Swicmv\ kmmmdmmt D5.06 wpd
.:.otractfi: M05TSTN6G71KS2
Accmmt Manager: Terry S. Tollefson
SPRINT CI:.NITU1F)gtf7tHll',;' SEERV1':°tom,FF AGREEMENT
This Sprint Centurion Service Agreement ("A.preoment') Letween Sprmi Miesutn I:i�. ("Sprint") and E911 Cole County ('Customer")
located at 401 Niomru Sl aet , Jc; z...,,o..:.ii„ IMO 5.0. �..,.. :: �,. ,,:,; ",;,. I ::ia;n ina, tencnce sarvices ("Services") to
Customer.
1. COVERED EQUIPMENT.
Sprint will provide Service for the equipment identified 4'; the attached equipment list ("Coverad Equipment"). Sprint will provide Service
under the Extended Fla.,. , c.".t p
e ndaw^I w'lon
Annual Centurion r-'ricr.
tc .�
sJ4.:z
2. TERMS OF SERVICE.
Sprint provides Services under the Sprint Stannarc Tei:ms and Condiliim; tui Services and the Sprint Centurion
Service Product Annex, each as postedat w,vr✓sp,ini.cc� .f/ratasemdcnrditionsr un the Eifeci:ve Dale and incorporated by this
reference. References to URLs in this Agreement include roferen.. as Ln successor URLs identified by Sprint.
3. OPTIONAL SERVICES.
Optional Services may include Expedited Delivery of reolacemen girt_, Lightnino Coverage, Maior Release coverage for manufacturer
software/firmware upgrades, or On-Site Technician seriice. If available end selected by Customer, Sprint will provide Optional
Services during the Term at the price specified on the Covered E:;, ipment List. Optional Sentices are not available in all locations or for
all Equipment. If Customer selects On-Site Technician service: Ina on-sire technician will be based at Customer's primary location
during Business Hours or as scheduled and agreed In writing by the pasties.
AGREED
Sprint Missouri Inc. ce} 1 C;os-aunty
By:
Printed: Frinted:
Title: Title:
Date: D&
Address For Notices: Addles Fc-No!ices (if different from above):
900 Springmill Road
Mailslpp: OHMANJ0101
Mansfield, OH 44906
And if related to a dispute to:
Sprint— Marketing & Sales Law Dept.
KSOPHT0101-Z2525
6391 Sprint Parkway
Overland Park, KS 66251-2525
I Q'�Itp,ev
SITE AL)utd-SS ktuDkI�Z-6:
Busine,,, Name F t.nt,, :o ... . le,f.,son City
Street Addres_ 401 -Ionr TN -"-'.r.h,3s!ng 401 Monroe
City
State
zir
Phone 34 -L;32
--- —
— - — -
Number of ports
(Key=Am,!va,Pl-:- ,, 0
Number cf
Number of ?V=
Number of PRY VINA Pnrfc n
Number of KeyVM Pnus -6 --
Numhe- of Attvrr,',�w
Number of Centrex Stations i 0
e,.* C :( - x pl-ld-on klodules -
Tj6nou - -- - 6
- Number spesksrF 0 -
Number ot Prjoiers a
Addli;onai
I
A - Pub. Safe!- CNIL PSAD
3
6
7
Data/Internetworking
— ----- 'I lantity
1
2
3
4
7
Flat Rate Centurion Fneinq
2
3
4
6
7
9
lo
12
13
14
15
16
17
18
iq
Description of optlogel ssrd,.c^,
------- -----
FINANCE DEPARTMENT
PURCHASING DIVISION
SUBJECT: SS 2173 - Renewal Year 2 - Digital 911 System Maintenance
Police Department
BIDS RECEIVED:
Sprint, Westwood, Kansas $18,204.12
FISCAL NOTE:
Funds for this expense were included in the 2005-2006 budget request under account
1000-3110-2150-0000. Total funds requested in the account were $74,690.00.
PAST PERFORMANCE:
Sprint was awarded the purchase and maintenance of the Digital 911 System under Proposal
1792 in August, 1999. Since November 7, 2002 the annual cost of maintenance for this
equipment has been $18,204.12. Sprint has indicated that the cost of the maintenance agreement
for the period December 5, 2005 through December 4, 2006 will remain at $18,204.12.
RECOMMENDATION:
It is the recommendation of staff to renew the maintenance agreement with Sprint of Westwood,
Kansas in the amount of $18,204.12.
ATTACHMENTS - SUPPORTING DOCUMENTATION
Departmental Recommendation,
Signature-�W9
PurchasfhgLAjent
HIM.'i I sll�
a
JEFFERSON CITY POLICE DEPARTMENT
To: Terry Stephenson, Purchasing Agent
From: Roger A. Schroeder, Chief of Police
Subject: Sprint Maintenance Bid
Date: October 5, 2005
The Police Department recommends acceptance of the bid submitted by Sprint in the
amount of $18,204.12 for the maintenance of the digital 911 system. Sprint is a sole source
provider and has performed satisfactorily.
Sprint®
September 13, 2005
Mr. Jeff Strubberg
% City of Jefferson Police Department
401 Monroe Street
Jefferson City, MO 65101
Subject: Maintenance on E9-1-1 System
Dear Jeff:
Attached is the Maintenance Agreement for the E911 system.
Rates are the same as last year, and cover from 12/5/05 through 12/4/06, billed
monthly.
After signature, you may fax the signature page only to me at 913-345-6803.
Please call me for any questions.
Thanks for your support.
Sincerely,
Terry Tollefson
E911 Administrator
Maintenance Contractk: M05TSTN6G7KS2
Account Manager: Terry S. Tollefson
SPRINT CENTURIONsm SERVICE AGREEMENT
This Sprint Centurion Service Agreement ("Agreement") between Sprint Missouri Inc. ("Sprint") and E911 Cole County ("Customer")
located at 401 Monroe Street , Jefferson City, MO 65102 governs Sprint's provision of certain maintenance services ("Services") to
Customer.
1, COVERED EQUIPMENT.
Sprint will provide Service for the equipment identified in the attached equipment list ("Covered Equipment"). Sprint will provide Service
under the Extended Plan at a total price of $18,204.12 (excluding taxes) for a term of 12 months, billed monthly
Standard Plan Extended Plan
Annual Centurion Price $15,170.10 $18,204.12
2. TERMS OF SERVICE.
Sprint provides Services under the Sprint Standard Terms and Conditions for Communications Services and the Sprint Centurion
Service Product Annex, each as posted at www.spdnt.com/ratesandconditions/ on the Effective Date and incorporated by this
reference. References to URLs In this Agreement include references to successor URLs identified by Sprint.
3. OPTIONAL SERVICES.
Optional Services may Include Expedited Delivery of replacement parts, Lightning Coverage, Major Release coverage for manufacturer
software/firmware upgrades, or On -Site Technician service. If available and selected by Customer, Sprint will provide Optional
Services during the Tenn at the price specified on the Covered Equipment List. Optional Services are not available in all locations or for
all Equipment. If Customer selects On -Site Technician service, the on-site technician will be based at Customer's primary location
during Business Hours or as scheduled and agreed in writing by the parties.
AGREED
Sprint Missouri Inc. E911 Cole County
By:
Printed:
Title:
Dater
Address For Notices:
900 Spdngmill Road
Mallstop: OHMANJO101
Mansfield, OH 44906
And it related to a dispute to:
Sprint — Marketing & Sales Law Dept.
KSOPHT0101-22525
6391 Sprint Parkway
Overland Park, KS 66251-2525
By:
Printed:
Title:
Date:
Address For Notices (if different from above):
Centurion Service Covered Equipment List
SITE ADDRESS
BILLING ADDRESS
Business
Name E911 Cole County
Business Name
E911 Cole County / Jefferson City
Site Contact Jeff Strubberg
Billing Contact
Jeff Strubberg
Street Address 401 Monroe Street
Street Address
Finance Department - Purchasing 401 Monroe
Street
City -
Jefferson City
City
Jefferson City
State
MO
State
MC,
ZIP
65102
ZIP
65102
Phone
(573)634-6386
Phone
(573)634-6324
Description
Quantity
Category "V" Products
1
Number of ports
(Key=Active,PBX= Equipped)
0
Number of "switch only" ports
0
Number of Tt's
0
Number of PBX VM Ports
0
Number of Key VM Ports
0
Number of Attendant Consoles
0
Number of Centrex Stations
0
Number of Centrex Add-on Modules
0
Number of Paging speakers
0
Number of Printers & Terminals
0
Additional Voice Peripherals
Quantity
1
A - Pub. Safety CML PSAP Hardware
1
2
3
4
5
6
7
8
Datallntemetworking
Quantity
1
2
3
4
5
6
7
8
Plat Rate Centurion Pricing
Quantity
1
2
3
4
5
6
7
8
9
of IEFFt4,0
O
♦u ���II
TO: Mayor John Landwehr
Members of the City Council
FROM: Gail Strope%�
Director of Human Resources
DATE: October 13, 2005
SUBJECT: Renewal of bids for Insurance
On behalf of the City, our insurance broker, A.J. Gallagher & Co., accepted bids for
Property, Inland Marine, General Liability, Automobile, Law Enforcement, Crime, Public
Officials, Excess Liability and Boiler & Machinery insurance. An e-mail listing the
recommendation is attached. All recommended firms have A+ ratings or better.
City staff has reviewed our options and recommends we renew the insurance package
through St. Paul. This program includes a first -dollar program for property insurance
and a self-insured retention for liability insurance. The self-insured retention includes
$50,000 loss per coverage with an aggregate loss fund of $250,000. This is an
increase to the annual aggregate loss fund of $15,000 from our current policy. Total
package cost with St. Paul is $367,524. This is an increase of approximately 2.8% from
our current year. The self-insured retention also requires the use of a third -party
administrator, approximate annual cost of $25,000.
The City moved to the self-insured retention program for liability insurance four years
ago. With the assistance of the third -party administrator, the program has worked very
well. St. Paul's program also includes an extensive risk management program including
the use of training personnel to offer various training programs to City employees at no
additional cost.
The City's broker, Arthur J. Gallagher & Co., highly recommends renewing the St. Paul
Insurance Company package program for property and liability, the Zurich American
Insurance Company policy for boiler and machinery, XL Specialty Insurance Company
for airport liability, Travelers for fiduciary liability and Corporate Claims Management for
third party administrative services.
Our current policies expire October 31, 2005. The new bids will be effective November
1, 2005.
Please feel free to contact me if you have any questions.
F1
Carla Trower/JeffCity
10/13/2005 10:42 AM
Lance-Cadson@ajg.com
10/05/2005 04:09 PM
To
cc
bcc
Subject Fw: Property/Casualty Insurance Renewal Program
To gstrope@jeffcitymo.org
cc Fred_Hurley@ajg.com
Subject Fw: Property/Casualty Insurance Renewal Program
Gail, as a follow-up to our phone conversation ( plus my two
attached e-mails ), please see the following;
1. St. Paul has confirmed that they will reduce the previously quoted
Annual Aggregate ( Loss Fund ) from $275,000 to $250,000.
I know that I stated this with my second e-mail to you, but I just wanted
to
confirm.
2. St. Paul will also reduce the Package premium by $3,700 if we reduce
the UMNIM limits from $1,000,000 to $50,000 - we have agreed to do this
and
the Package policy premium is now $367,524 ( it was $371,224 )
3. In summary, the renewal premiums are:
a. Package - St. Paul - $367,524 ( last year was $357,428 )
b. Boiler and Machinery - Zurich - $3,667 ( last year was $3,305 )
C. Fiduciary Liability - Travelers - $4,278 ( same as last year )
d. Airport Liability - XL Specialty - $6,000 ( same as last year )
THE TOTAL RENEWAL COST, FOR THE ABOVE COVERAGES, IS NOW $381,469
LAST YEAR'S TOTAL COST WAS $371,011
THIS IS AN OVERALL PREMIUM INCREASE OF 2.8%
EXCELLENT RENEWAL AS THE AVERAGE MARKETPLACE INCREASES ARE 5%-150
Thanks
Lance
Lance A. Carlson CPCU
Senior Vice President
Arthur J. Gallagher Risk Management Services, Inc.
12444 Powerscourt Drive
St. Louis, Missouri 63131
314-965-4346/800-877-8218 - Phone Numbers
314-965-5425 - Fax Number
BILL NO. 2005-95
SPONSORED BY COUNCILMAN Schnitzler
ORDINANCE NO
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19-401, (STREETS AND HIGHWAYS), SCHEDULE (J), (PARKING PROHIBITED),
SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF JEFFERSON, BY THE
ADDITION OF PORTIONS OF LINN STREET.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Section 19-401, (Streets and Highways), Schedule J, (Parkin
Prohibited), Subparagraph (a), of the Code of the City of Jefferson, Missouri, is hereby
amended by the addition of portions of Linn Street, to read as follows:
Linn Street: on both sides thereof, within 10 feet of the north and south edges of Cedar Way.
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: Approved:
Presiding Officer
ATTEST:
City Clerk
Mayor
City Counselor
X61:1W
'��"' TRANSPORTATION AND OCTOBER 6, 2005
�� ����
mmem o.,lly OcvcloPme TRAFFIC COMMISSION NEW BUSINESS NO. 1
'i ,
d: e. swr.,, r, PrE, e, Ducnor
BILL NO. 2005-96
SPONSORED BY COUNCILMAN Berry
ORDINANCE
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17
OF THE CITY CODE BY ADDING ONE NEW ARTICLE ESTABLISHING THE FACADE
IMPROVEMENT TAX REIMBURSEMENT PROGRAM.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. Chapter 17 of the City Code is hereby amended by adding one new
Article to read as follows:
Article XV Facade Improvement Tax Reimbursement Program
17-400 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.
The Tax Reimbursement Program will encourage owners to maintain and enhance the older
appearance (not modernize) the exterior of their buildings and promote residential living on
the upper floors.
17-401 Eligibility. To be eligible for this Program properties eligible must meet the following
criteria:
a. 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");
In. The structure must have been constructed before 1951:
e. The property must have a fair market value of $70.000 or more at the time the
application for improvements is approved;
d. The property, and its owner or owners, must not be delinquent in payment of anv
State, County, or Ciri taxes:
e Property must remain in commercial use over the reimbursement period and must
re-qualifv annually.
L Exterior improvements must be significant exceeding $10.000. and be completed
prior to reimbursement eligibility.
g. Exterior improvement projects must meet appearance guidelines to be approved for
Drafter's Note: Deleted text is shown thus. Inserted text is shown thus.
Bill 2005-96
tax reimbursement. The Citv Administrator, in consolation with the Historic Preservation
l
Commission and the Enviromental Oualitv Commission shall publish specific guidelines, which
shall provide, at a minimum, that the improvements be:
(1) Consistent with the appearance of the building as originally constructed:
(2) Consistent with the appearance of other buildings in the vicinity as
originally constructed in Jefferson City at the same time or prior to 1951:
(3) Consistent with the present appearance of other buildings on the same
block which were constructed at approximately the same time.
It. Any work done prior to approval of Facade Improvement Application is not eligible.
L Eligible improvements include:
(1) Facade removal
(2) Brick or wall surface cleaning
(3) Patching and painting of facade walls
(4) Canopy, porch, awning installation/repair
(5) Window and/or door replacement/repair
(6) Mortar ioint repair
(7) Railings, ironwork repair or addition
(8) Cornice repair or replacement
(9) Replacement/repair to exterior steps
i. 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 Mavor with the advice and consent
of the Council. Committee members shall serve two vear 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 Community Development to be structurally sound.
k. A property may be eligible for the Tax Reimbursement Program one time only.
1. Properties shall only be eligible to the extend that funds are available and
appropriated for this purpose by the Council.
m. Total annual reimbursement may not exceed the property taxes assessed or Two
Thousand Seven Hundred and no/100 Dollars ($2.700.00), whichever is less.
n. Eligible owners may receive reimbursement for not more than three vears starting
January 1, 2006. Eligibility must be certified each year.
o. If the upper floors of the buildine 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 vears. To be eligible for the 2 additional vears of
tax reimbursement, the living space must:
(1) be inspected by city code inspection and certified as meeting basic livability
housing standards.
(2) be occupied for at least 9 months each year of the reimbursement.
Drafter's Note: Deleted text is shown thus. Inserted text is shown thus.
Bill 2005-96
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Presiding Officer
ATTEST:
City Clerk
Approved:
Mayor
APPROVED AS TO FORM:
City Counselor
Drafter's Note: Deleted text is shown thus. Inserted text is shown thus.
Bill 2005-96 3
BILL NO. 2005-97
SPONSORED BY COUNCILMEN Ferguson and Harvey
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH COLE COUNTY
AND WALMART, INC., TO CONSTRUCT AN INTERCHANGE ON CITY VIEW AT
HIGHWAY 50 WEST
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and the City Clerk are hereby authorized execute an
agreement with Cole County and Walmart, Inc., to construct an interchange on city view
at highway 50 west.
Section 2. The terms of the agreement shall be substantially similar to the
agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
Passed: Approved:
Presiding Officer
ATTEST:
_ MONT T 9
Mayor
City Clerk City Counselor
TW ma
ANNEXATION AND INTERGOVERNMENTAL DEVELOPMENT
AGREEMENT TO PROVIDE FOR ROAD INFRASTRUCTURE
THIS ANNEXATION AND INTERGOVERNMENTAL DEVELOPMENT
AGREEMENT TO PROVIDE FOR ROAD INFRASTRUCTURE is entered into this
day of . 2005, by and between the CITY OF JEFFERSON CITY,
MISSOURI, a municipal corporation (the "City"), 320 E. McCarty St., Jefferson City, Missouri
65101; the COUNTY OF COLE COUNTY, MISSOURI first class county, (the "County"),
311 E. High Street, Jefferson City, Missouri 65101, and WAL-MART STORES EAST, L.P.
(the "Developer"), 2001 S.E. 10h Street, Bentonville, Arkansas, 72716 (collectively, the
"Parties").
WHEREAS, the Developer is in the process of purchasing approximately 36.43
acres of real property generally located southeast of the existing City limits, and
immediately south of U.S. 50/63, as legally described in Exhibit A (the "Property"); and
WHEREAS, the Developer desires to obtain public water and sanitary sewer
services to serve its retail facility; and
WHEREAS, the Developer desires for the City to extend its corporate boundaries
and annex the Property; and
WHEREAS, the City is authorized to annex the Property pursuant to Chapter 71
of the Revised Statutes of Missouri (2000); and
WHEREAS, the Developer intends to form a Transportation Development District
("TDD") in substantially the form of Exhibit B (the "TDD Petition") to contribute
toward the financing of extensive road infrastructure improvements necessary for the
development of the Property as described in Exhibit C hereto (the "Transportation
Projects"); and
WHEREAS, the Developer intends to apply to the Missouri Department of
Transportation ("MODOT") Innovative Financing Program to assist in financing the
Transportation Projects; and
WHEREAS, the City and the County are supportive of the Project, the Innovative
Financing Application and TDD financing; and
WHEREAS, prior to the annexation of the Property and formation of a TDD, the
Parties desire to define their duties and responsibilities to insure that in the event the
City annexes the Property and all parties support the formation of a TDD, that the
parties' respective actions are coordinated in order to meet the shared objectives and
minimize uncertainties and delays in the development process; and
WHEREAS, the Property is contiguous to the existing corporate limits of the City
at the date of execution of this Agreement; and
WHEREAS, the City and County are authorized to enter into this agreement
pursuant to Section 70.220 of the Revised Statutes of Missouri (2000).
(17336 / 62452; 77357.2)
NOW, THEREFORE, in consideration of the mutual covenants hereinafter set
forth, the parties hereto agree as follows:
1. The Proverty and Annexation. The Developer shall cause a Petition for
Voluntary Annexation (the "Petition") of the Property to be presented to the governing
body within 30 days of execution of this Agreement.
2. Construction of Transportation Proiects. The Parties agree that:
a. The necessary City, County and US Route 50/63 road improvements (the
"Transportation Projects") to be constructed as part of the development of the
Property are as described in Exhibit C attached hereto.
b. New and additional rights of way and related easements will need to be acquired
for the Transportation Projects.
c. The Transportation Projects for the construction of the intersection of US Route
50/63 shall be designed and constructed in accordance with MODOT standards.
d. All other Transportation Projects for the local transportation authorities shall be
designed and constructed in accordance with City standards.
e. Following inspection by the City and MODOT and completion of the
construction, Developer shall dedicate said road improvements to the
appropriate governmental entity for use, operation and maintenance.
3. TDD. The Developer shall cause a TDD Petition to be filed encompassing the
land area of the Property. The parties agree to support the formation of a TDD with the
list of Transportation Projects as described in Exhibit C.
4. Innovative Financing. The Developer shall cause to be filed with MODOT an
Innovative Financing Program Application. In the event the Developer's Innovative
Financing Application is approved by MODOT, the parties agree to use their reasonable
best efforts to negotiate and enter into a Cost Share Agreement with MODOT. The
parties have agreed to the apportionment of estimated Transportation Projects costs as
set forth in Exhibit D. attached hereto.
5. Right of Way and Related Easements Acquisition. The City and the
Developer agree to work together to secure any property interests in rights-of-way and
related easements ("Property Interests") necessary for the construction of the
Transportation Projects. In the event the City and Developer are unsuccessful in their
good faith efforts to acquire the necessary Property Interests within a reasonable time or
at a reasonable cost, then the City shall use the power of eminent domain to acquire the
necessary Property Interests; provided, the Developer shall advance to the City all funds
necessary for the costs of initiating and continuing the eminent domain action and shall
pay any condemnation award, including all fees and costs incurred by the City related to
such award. If the amount of the condemnation award is unacceptable to the Developer,
the Developer shall pay or reimburse the City for all costs incurred in connection with
the attempted acquisition of such property interests.
117336/ 62452; 773572)
6. Zoning and Special Exception Use. Concurrent with the filing of any
Voluntary Petition for Annexation, the Developer will also file a zoning plan for C-2
General Commercial zoning classification and a related Special Exception Use Permit
for an indoor facility with more than 100,000 square feet, all in accordance with the City
of Jefferson City Zoning Ordinance.
7. Public Water and Sanitary Sewer Improvements. The City and Developer
agree that the public water and sanitary sewer system improvements necessary to be
constructed as part of the development of the Property are described in Exhibits E and F,
respectively, attached hereto.
8. Termination. This Agreement may be terminated in writing by any party, at its
option, for any one of the following reasons:
a. If the Property has not been annexed by the City within 75 days of the
Developer's presentation of the Petition referred to in paragraph 1 hereof to the
governing body of the City;
b. If formation of the TDD and execution of all Cooperative Agreements with the
Missouri Highway and Transportation Commission ("MHTC") and applicable
local transportation authorities required to fully implement the TDD is not
successful; and
c. If the Innovative Financing Application is not approved by MODOT; or
i,.. d. If the rights-of-way and related easements necessary for the construction of the
Transportation Projects are not timely acquire.
Notice of termination shall be effective upon receipt.
9. Deannexation. If the following conditions are not satisfactorily completed, the
Developer will file an application for deannexation from the City and the City will
approve said application for deannexation:
a. Formation of the TDD and execution of all Cooperative Agreements with the
Missouri Highway and Transportation Commission ("MHTC") and applicable
local transportation authorities required to fully implement the TDD; and
b. Approval of the Innovative Financing Application by MODOT;
c. Acquisition of the rights-of-way and related easements necessary for the
construction of the Transportation Projects; and
d. Purchase of the Property by the Developer.
10. Prior Approval. The parties agree that execution of this Agreement in no way
constitutes prior approval of rezoning, TDD formation, annexation, deannexation or
development of the Property and does not in any way constitute a waiver of any
requirements of applicable City ordinance requirements with which the Developer must
comply in the event the Property is annexed by the City.
{17336/62452;773573)
11. Complete Agreement. This Agreement shall constitute the complete
agreement between the parties and any modification shall be in writing and signed by
both parties.
12. Captions. Captions and headings of each part, section or subsection in this
Agreement are for convenience only and in no way define, limit or describe the scope or
intent of any provisions.
13. Exhibits. All exhibits attached hereto and referenced herein are expressly
incorporated into this Agreement by reference.
14. Severability. Any provision of this Agreement which is not enforceable
according to law will be severed herefrom, and the remaining provisions shall be
enforced to the fullest extent permitted by law.
15. Authority. The undersigned represent that they each have the authority and
capacity from the respective parties to execute this Agreement. This Agreement shall not
be valid until executed by the parties and approved by ordinance duly enacted by the
City Council of the City of Jefferson City, Missouri, and order duly enacted by the Cole
County Commission, Cole County, Missouri.
16. Jointly Drafted. The parties hereto agree that this Agreement has been jointly
drafted and shall not be construed more strongly against either party.
17. Governing Law. This Agreement shall be governed by and construed
according to the laws of the State of Missouri.
18. Notice. Written notice between the City, County and Developer, shall be
deemed delivered under this Agreement by personal service, registered or certified mail,
postage prepaid and return receipt requested, or by overnight courier, to the principal
officers, at the addresses described above, of the City, attention City Manager; of the
County, attention Presiding Commissioner and of the Developer, attention John
Okwubanego, Esq., with a copy to Christine T. Bushyhead, Esq., 4510 Belleview, Suite
300, Kansas City, Missouri 64111.
19. Venue. In the event this Agreement or the Petition is litigated, venue shall be in
the Circuit Court of Cole County, and the Parties expressly waive any rights to venue
inconsistent therewith.
20. Binding Effect. This Agreement shall be binding on the Developer's heirs,
legal representatives, successors and assigns,
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
first written above.
CITY OF JEFFERSON CITY
( 17336 162452; 773572)
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
ATTEST:
County Clerk
APPROVED AS TO FORM:
County Counselor
COUNTY OF COLE
WAL-MART STORES EAST,L.P.
5 117336/62452;773573)
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
PROPERTY BOUNDARY DESCRIPTION
All that part of the Southwest Quarter (SW '/<) of the Southeast Quarter (SE '/n) of Section Twenty-two
(22), Township Forty-four (44), Range Eleven (11), Cole County, Missouri, which lies southerly of U.S.
Route No. 50, as shown by Report of Commissioners of record in Book 169, Page 8, Cole County
Recorder's Office. (Included in the above is part of Blocks Nos. 2, 3, 4 and 5, and all of Tracts "A", `B",
"C" and "D" in LEPAGE'S SUBDIVISION, per plat of record in Plat Book 6, Page 3, Cole County
Recorder's Office.)
(Being all that property conveyed by Warranty Deed of record in Book 277, page 918, Cole County
Recorder's Office.)
The boundary of the above described property being more particularly described as follows:
BEGINNING at the southwest comer of the Southwest Quarter of the Southeast Quarter of Section 22,
Township 44 North, Range 11 West, Cole County, Missouri; thence N2°56'00"E, along the Quarter
Section Line, 1177.82 feet to a point intersecting the southerly line of the U.S. Highway 50/63 Right-of-
way as described in paragraph 18 of Report of Commissioners of record in Book 169, Page 8, Cole
County Recorder's Office; thence Easterly, along the southerly line of said U.S. Highway 50/63 Right-of-
way, the following courses: S75°46'19"E, 568.66 feet; thence S63°57'58"E, 856.46 feet; thence
S71 °0029"E, 32.70 feet to a point intersecting the east line of the Southwest Quarter of the Southeast
Quarter of the aforesaid Section 22; thence leaving the southerly line of the aforesaid U.S. Highway 50/63,
Sl°48'50"W, along the Quarter Quarter Section Line, 671.35 feet to the southeast comer of the Southwest
Quarter of the Southeast Quarter of said Section 22; thence N89°07'58"W, along the Section Line,
1390.88 feet to the POINT OF BEGINNING.
{17336/62452;773572]
EXHIBIT B
TDD PETITION
IN THE CIRCUIT COURT OF COLE COUNTY, MISSOURI
AT JEFFERSON, MISSOURI
Petitioner, )
VS. ) Case No.:
THE MISSOURI HIGHWAYS & )
TRANSPORTATION COMMISSION, )
and )
THE COUNTY OF COLE, MISSOURI, )
a political subdivision, )
and )
THE CITY OF JEFFERSON CITY, MISSOURI)
r' a municipal corporation )
Respondents. )
PETITION FOR FORMATION OF A TRANSPORTATION
DEVELOPMENT DISTRICT
Petitioner pursuant to §§ 238.200, RSMo et seq., for its
Petition for Formation of a Transportation Development District, states as follows.
1. Petitioner
address of
("Petitioner") is a
real property located within the proposed district.
with an
and the owner of record of all of the
2. Respondent County of Cole, Missouri (the "County"), with an address of
is the affected local transportation authority within
the proposed district, as indicated or contemplated under § 238.207.4(2), RSMo.
3. Respondent City of Jefferson City, Missouri (the "City"), with an address of
( 17336 / 62452; 77357.2)
is an affected local transportation authority.
4. Jurisdiction is proper in this Court pursuant to § 238.207.1, RSMo.
5. Venue is proper in this Court pursuant to § 238.207.1, RSMo, in that the
proposed district lies entirely within Cole County, Missouri.
6. There are no persons eligible to be registered voters residing within the proposed
district.
7. The name of the proposed district is the U.S. Highway 50/65 and City View
Transportation Development District (the "District").
8. A map illustrating the boundaries of the District is attached hereto as Exhibit
"A" and is incorporated herein by reference. The legal description setting forth the
boundaries of the District is attached hereto as Exhibit "B" and is incorporated herein
by reference.
9. Petitioner proposes that the District will undertake the following improvements:
a. City View Drive. Extend City View Drive across US Route 50/63 to Schott
Road south of US Route 50/63. Included in this improvement is a bridge
spanning US Route 50/63, reconstructing City View Drive just north of the
intersection of Skyview Drive to US Route 50/63. Ramps will be
constructed to provide access to US Route 50/63 in a partial cloverleaf
configuration. Traffic control of the intersections of City View Drive with
these ramps will be by roundabout design. City View Drive will be
constructed with two 12 -foot lanes, 8 -foot shoulders, curbs and a 5 -foot
sidewalk on the east side of the roadway. The off -ramps will be constructed
with an 16 -foot wide lane, 4 -foot shoulder on left and 6 -foot shoulder on the
right. The on -ramps will be constructed with a 18 -foot wide lane, 4 -foot
shoulder on left and 6 -foot shoulder on the right. Additional turn lanes will
be constructed as needed. Right of Way and/or easements will need to be
acquired.
b. Schott Road. Schott Road will be realigned to create a "T -intersection" with
the extension of City View Drive. Schott Road will be constructed with two
12 -foot lanes. Right of Way and/or easements will need to be acquired for
this project.
c. U.S Route 50/63. Acceleration and deceleration auxiliary lanes will be
added to US Route 50/63 as required by the new interchange. These lanes
will be 12 feet wide with a 8 -foot wide shoulder. The existing at -grade
8 {17336/62452;77357 2}
intersections with Eastwood Drive / LePage Road will be removed.
Appropriate tum around treatments will be constructed at the end of these
roadways. Existing median openings will be removed and shoulders will be
reconstructed. The existing at grade intersections with Schott Road /
Rolling Hills Road and Expressview Drive will have the median crossover
pavement removed thereby creating right -in right -out only movements at
these locations. Right of Way and/or easements will need to be acquired for
this project.
d. Cellular Tower Access Road. A new access road to the cellular tower
northeast of the intersection of City View Drive and US Route 50/63 will be
constructed. This roadway will maintain access to the cellular tower from
City View Drive. Right of Way and/or easements will need to be acquired
for this project.
10. The board of directors of the District (the `Board") shall be comprised of five
members.
11. The terms of office of the members of the Board shall be staggered in
approximately equal numbers to expire in one, two, or three years.
12. Petitioner proposes that the District be funded by imposing a sales tax on all
retail sales made within the District which are subject to taxation pursuant to §§ 144.010
to 144.525, RSMo, except as provided by § 238.235, RSMo, but in any case in a manner
consistent with § 238.207.4(9), RSMo.
13. The District does not constitute an undue burden on any owner of property
within the District and is not unjust, unreasonable, unlawful, or unconstitutional.
WHEREFORE, Petitioner pray for this Court's order 1) forming the District, 2)
establishing the time and place of the first meeting of the owners of all of the real
property located within the District, 3) certifying the Board's method of election, 4)
establishing the time and place of the first meeting of the District's Board, 5) approving
the District's proposed sales tax on retail sales as the method of funding the District, 6)
approving the method of voter approval of the proposed sales tax, 7) for reimbursement
9 (17336/62452;773572)
of their costs by the District when formed, including attorney's fees, and for such other
and further relief as the Court deems just and proper.
Respectfully Submitted,
WHITE GOSS BOWERS MARCH SCHULTE &
WEISENFELS
a Professional Corporation
By:
Christine T. Bushyhead Mo. 34188
Mary Jo Shaney Mo. 35919
4510 Belleview, Suite 300
Kansas City, Missouri 64111
Telephone: (816) 753-9200
Telecopier: (816) 753-9201
ATTORNEYS FOR PETITIONER
10 {17336 162452; 773572)
EXHIBIT C
TRANSPORTATION PROJECTS
a. City View Drive. Extend City View Drive across US Route 50/63 to Schott Road
south of US Route 50/63. Included in this improvement is a bridge spanning US
Route 50/63, reconstructing City View Drive just north of the intersection of
Skyview Drive to US Route 50/63. Ramps will be constructed to provide access to
US Route 50/63 in a partial cloverleaf configuration. Traffic control of the
intersections of City View Drive with these ramps will be by roundabout design.
City View Drive will be constructed with two 12 -foot lanes, 8 -foot shoulders, curbs
and a 5 -foot sidewalk on the east side of the roadway. The off -ramps will be
constructed with an 16 -foot wide lane, 4 -foot shoulder on left and 6 -foot shoulder
on the right. The on -ramps will be constructed with a 18 -foot wide lane, 4 -foot
shoulder on left and 6 -foot shoulder on the right. Additional tum lanes will be
constructed as needed. Right of Way and/or easements will need to be acquired.
b. Schott Road. Schott Road will be realigned to create a "T -intersection" with the
extension of City View Drive. Schott Road will be constructed with two 12 -foot
lanes. Right of Way and/or easements will need to be acquired for this project.
c. US Route 50/63. Acceleration and deceleration auxiliary lanes will be added to
US Route 50/63 as required by the new interchange. These lanes will be 12 feet
wide with a 8 -foot wide shoulder. The existing at -grade intersections with
Eastwood Drive / LePage Road will be removed. Appropriate turn around
treatments will be constructed at the end of these roadways. Existing median
openings will be removed and shoulders will be reconstructed. The existing at
grade intersections with Schott Road / Rolling Hills Road and Expressview Drive
will have the median crossover pavement removed thereby creating right -in right -
out only movements at these locations. Right of Way and/or easements will need
to be acquired for this project.
d. Cellular Tower Access Road. A new access road to the cellular tower northeast
of the intersection of City View Drive and US Route 50/63 will be constructed.
This roadway will maintain access to the cellular tower from City View Drive.
Right of Way and/or easements will need to be acquired for this project.
11 (17336 / 62452; 773572)
EXHIBIT D
DUAL ROUNDABOUT OPTION - September 30, 2005
REDEVELOPMENT COSTS
Estimated Reimbursab Reimbursab Municipal / Wal-Mart
Project Is from Is from TDD County Financing
Costs MoDOT Revenues Financing
Financing
7:ulnterchsr#`1oaMwa":.,&iSt als`1:"..��,I. E1�; r�?_,.".-='
Right of Wav Acquisition $1.350,0001 $375,000
.$375,000 $600,000 $0
lClearino 8 Grubbinq
F $50,0001
$25,000
$25,000
$0
$0
Removal of Im rovements
1 $37,0001
518,500
$18,500
SO
$0
Class A Excavation
1 $754,5001
$377,2501
$377,2501
Sol
SO
Class C Excavation
I S269,7501
$134,8751
$134,675
$D
$0
Embankment in Place (Borrow
from Stare Site
$360,000
$180,000
$180,000
$0
$D
Embankment in Place (Haul in and
Compact)
$640,885
$320,443
$320,443
$0
$0
Compacting Embankment
1 $131,7501
$65.8751
$65,875
$0
$0
Comoactino in Cut
1 $115,9251
$7,9631
$7,9631
SD
s0
Type 5 Aggregate Base (4 in.
Thick
$129,550
$64,775
$64,775
$0
$0
Type 5 Aggregate Base (7 in.
Thick
$126,000
$63,000
$63,000
$0
$0
Gravel or Crushed Stone
$22,0001
$11.000
$11,000
$0
$0
9 inches, Asphaltic Concrete
Pavement, SP 125 C
$32,992
$16,496
$16,496
SO
s0
Concrete Pavement (9 in. non-
reinf. - 15 ft'cints
$1,037,400
$36B,700
$368,700
5300,000
$0
Roue 50/63 Pavement Widening$672,000
$336,000
$336,000
SO
$0
Draina a
1 $400,0001
$200.0001
$200,000
$0
$D
Guard Rail
1 $50,0001
$25,0001
$25,0001
Sol
SO
Concrete Median Siri
$9,100
$4,550
$4,550
$0
$0
Concrete Sidewalk, 5 ft. wide
$67,200
$33,600
$33,600
s0
$0
Inte raI Curb 6 in, height) T e A
$44,000
$22,000
$22,000
$D
s0
Traffic Control
$200,000
$100,000
$100,000
$0
SO
Mobilization
$258,3001
$129,150
$129,150
$D
$0
Pavement Marking
$40,5001
$20,250
$20,250
$0
$0
MSE Wall (Along Cell tower Road)
$518.0001
$259,000
$259,000
$01
$0
MSE Wall(Along City View Road
$288,600
$64.000
$204,600
Sol
s0
Seedinq/Soddinq
$38,000
$19,000
$19,000
$0
$0
Erosion Control
$200,000
$100,0001
$100,000
$0
$0
Lighting
$100,000
$50.0001
$50,000
SO
$0
Roundabout Intersections
$100,000
$50,0001
$50,000
Si nals
$0
$D
$0
$0
$0
Sianino
$100,000
$50,000
$50,000
$0
$O
Conoco Phillips Pipelines
Relocation 50
$245,000
$122,500
$122,500
$0
$0
Utility Relocation
$100,0001
$50,000
$50,000
$0
$0
2 Span Plate Girder Bride
sl,34u,uuul
$670,000
$670,000
$0
$0
Contingency 3%
$241,304
$120,652
$120,652
SO
$0
Tafal tersjt�t9e'i$oadwa3t' P r 9,�F9, gal�. 7aF 59^ ,5 1; r�tJnr
Sf als,.._�.� ..L.r,:.'`. w� �k :ti. .E
2. Utiitt extensionss
Sanitary Sewer Extension
$225,400
$0
$0
$0
$225,400
Water Main Extension
$85,200
s0
s0
$0
$85,200
Conoco Gas Mains Relocation
(50
1 $245,000
s0
$0
$0
$245,000
Natural Gas Main Extenson
1 $35,000
$0
$0
$0
$35,000
Contin encv (12%
$66,672
$0
$0
$D
$66,672
ToiHliiEi1 `Extenalonc „::- nS657t'272'is
;:"t',a3B -?_i=ISD r,-D,rr"
657,27,2
S: 9fteLaaii° uisititinaCosts=�9'�D`ttIX!
�- ="�0
_ =?�wQ � `�D x$3B��000
4. Buildin Costs
Buildin Construction1
$8,120,000
$0
$0
$0
$8,120,000
12 117336/62452;77357.2)
Continoency (12%)
$974,4001
$0
$0
$0
$974,400
9 .. 9
-Totsl.'BdlIdInMCo8ts-' 4WMA00
VAGO
4.Sitework
Earthwork
$2,3971,000
$o
$0
$0
$2,391,000
,�torm Dralnaoe
$457.538
$0
$0
$0
$457,538
Landscaping
$1 41 , 000
$0
$0
$0
$141,000
Miscellaneous - Ret Wall, &
Demolition
$1,060,745
$0
$o
$0
$1,060,745
Water Service 1
$147,246
$0
$o
$0
$147,24
Sanitary Sewer
$105,585
$0
$0
$0
$105,585
Onsite Utilities
$53,160
$53,165
Paving 1
$1,607,345
$0
$0
$0
$1,607,345
Parking Lot- Pavement Marking,
Ught bases
$154,100
$0
TO
$0
$154,100
Exterior Lighting
$30,996
$o
$0
$0
$30,996
Contingency 12%)
5737,846
$0
$0
$0
$737,846
Contractor's Overhead & Profit
$998,551
1
$998,551
W"Rkm �fflaw"2
T soft costs
Topographic & Boundary Surveys
(Highway)
$50,000
$25,000
$25,000
$o
$5
Topographic & Boundary Surveys
Site
$75,000
I
$0
$0
$0
$75,005
Civil Engineering( Highway and
Bridge)
$635,000
$317,500
$317,500
$0
I
$0
Civil Encineerinqf Site
$422,000
$0
$0
$0
$422,000
Geotechnical Engineering
(Highway)
$50,000
$25,000
$25,000
$0
$5
Geotechnical Engineering Site
$100i000
$0
$0
$o
$100,355
Environmental Studies &
Permitting (Highway)
$17,000
$8,500
$8,500
$0
$0
Environmental Studies &
Permitting Site
$18,000
I
$0
$0
$0
$18,000
Impact Fees/Permits
$10,000
$5,000
$5,000
$0
$0
Construction Interest and
Financing Costs
$796,188
$0
$796,188
$0
$0
Civil engineering (Utility
$60,000
$0
$0
$0
$60,00E
T:e�ns,
1.
IT101MI01 PAOJ
Note: County Contribution $300,000
City Contribution $600,000
Earthwork cost assumes required combination contract for Highway and Site Project
Costs are based on 2006 year construction
13 117336 / 62452; 77357.2)
EXHIBIT E
WATER SYSTEM IMPROVEMENTS
Approximately 1350 linear feet of 10 -inch diameter C-900 water main and 300 linear
feet of 10 -inch ductile iron pipe in an 18 -inch steel casing will need to be constructed to
extend the existing 10 -inch public water main from the intersection of LePage Road and
Route 50/63. The public water main extension will be located along the southern limits
of the proposed MoDOT right of way adjacent to ramp 3 to the southern limits of the
proposed City View Drive right of way, then along the proposed City View Drive right
of way to a point near the intersection of City View Drive and Route 50/63.
Set forth below is a list of the materials required for the Water Main Extension:
10 -inch C-900 PVC watermain 1350 linear feet
10 -inch ductile iron pipe inl8" steel casing 3001inear feet
— open cut
10- inch gate valve 2 each
8 -inch tapping sleeve I each
8 -inch tapping valve w/ box 1 each
Water main fittings 1400 pounds
Select granular backfill 100 cubic yards
14 117336/ 62452; 773572}
EXHIBIT F
SANITARY SEWER IMPROVEMENTS
A public sewer extension consisting of 2050 linear feet of 4 -inch PVC force main, 300
linear feet of 4 -inch ductile iron force main with a bored and jacked steel casing, a
sanitary sewer pump station, 1200 linear feet of 8 -inch PVC gravity sewer and 4 sanitary
manholes will be constructed from the existing public sewer located on the east side of
City View Drive approximately 1000 feet north of Route 50/63. The public sewer will
extend along the east side of City View Drive to the intersection of Ramp 1 of the City
View interchange, then along the MoDOT right of way to the intersection with Route
50/63. The sewer will then extend to the south across Route 50/63 via a bored and
jacked steel casing to the south right of way line of Route 50/63. The public sewer will
further extend to the west to a point near the intersection of City View Drive and Route
50/63. A sanitary sewer duplex pump station with control panel will be installed near
this location. The public sewer will additionally be extended by a 8 -inch gravity line to
serve the proposed gas station outlet located south of the intersection of City View Drive
and Ramp 3 of the interchange.
Set forth below is a list of the materials required for the Sanitary Sewer Improvements:
Sanitary sewer duplex pump stationw/ 1 Each
control panel
8 -inch PVC gravity sewer 1200 linear feet
4 -inch PVC force main 2050 linear feet
4 -inch ductile iron force main bored 300 linear feet
and jacked in steel casing
Sanitary manholes 4 each
Select granular backfill 700 cubic yards
15 {17336/62452;7735721
BILL NO. 2005-98
SPONSORED BY COUNCILMEN BROWN, Layton, Berry, Martin, Ferguson, Crane
Harvey, Schnitzler, Vogel, and Pope
ORDINANCE NO
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE
EXTENSION OF THE CITY LIMITS OF THE CITY OF JEFFERSON, MISSOURI BY
ANNEXING AND INCLUDING UNINCORPORATED REAL PROPERTY LOCATED IN
THE COUNTY OF COLE, STATE OF MISSOURI, LYING NORTH OF THE PRESENT
CITY LIMITS REFERRED TO AS THE HIGHWAY 179 AREA AND AUTHORIZING AN
ELECTION TO APPROVE THE EXTENSION OF THE CITY LIMITS THROUGH
ANNEXATION.
WHEREAS, on September 6, 2005, the City of Jefferson, Missouri declared by
resolution of the City Council its intent to annex unincorporated territory
described in Section 1 below into the City of Jefferson, Missouri.
WHEREAS, the City of Jefferson has developed a 'Plan of Intent' to provide services
to the area proposed for annexation on the same basis upon which
services presently are provided to the residents of the City of Jefferson,
Missouri;
WHEREAS, notices of the annexation public hearing, prior to final passage, were sent
by certified mail to all fee owners of record having property in the proposed
annexation area during the week of October 17, 2005; and
WHEREAS, a public hearing concerning the annexation was advertised on October 23,
and October 30, and November 6, 2005, in the Jefferson City News
Tribune; and
WHEREAS, a public hearing was held by the City Council at 6:00 p.m., November 17,
2005, in Council Chambers, 320 East McCarty Street, Jefferson City,
Missouri, at which time the "Plan of Intent' was presented; and
WHEREAS, The Mayor and City Council of the City of Jefferson, Missouri, believe
elections should be held in the City to determine if a majority of the
qualified voters voting thereat are in favor of extending the limits of the City
to included the unincorporated areas of land hereinafter described.
Bill 2005-98
WHEREAS, the effective date of the annexation of the real estate described below will
be when approved by the voters or November 1, 2006, whichever is later.
NOW THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
Section 1. The City of Jefferson, Missouri, intends to and shall proceed to annex,
as provided by law, the unincorporated area of land described as follows:
Hiahwav 179 Area
Part of the Northeast quarter of Section 22 and part of the Northwest quarter of section 22, and part
of the Southeast quarter of Section 15, and part of the Northeast quarter of Section 15, and part of
the Northwest quarter of Section 15, and part of the Southwest quarter of Section 14, and part of
the Northwest quarter of Section 14, and part of the Southwest quarter of the Southwest quarter of
Section 11, and part of the Southeast quarter of Section 10, and part of the Southeast quarter of the
Southwest quarter of Section 10, all in the Township 44 North, Range 12 West, in the County of
Cole, State of Missouri and more particularly described as follows:
Beginning at the Southwest corner of the Northeast quarter of the Northeast quarter of Section 22,
Township 44 North, Range 12 West; thence North 00 degrees 38'04" East, along the quarter quarter
section line, 882.36 feet, to the intersection with the westerly line of Missouri State Highway 179,
as per reference plans of Job No. J5U0441G; thence northerly along the westerly line of said
Missouri State Highway 179, the following courses: North 13 degrees 49'27" West, 4.71 feet, to
a point 55.451 meters (181.93 feet) right of centerline station 3+639.091; thence North 00 degrees
49'40"East, 209.62 feet, to a point 43.569 meters (142.94 feet) right of centerline station
3+579.662; thence North 30 degrees 33'45" West, 209.62 feet, to a point 70 meters (229.66 feet)
right of centerline station 3+525.000; thence North 01 degrees 32'50" East, 301.14 feet, to a point
65 meters
(213.25 feet) right of centerline station 3+439.872; thence North 16 degrees 45'35" East, 306.07
feet, to a point 40 meters (131.23 feet) right of centerline station 3+350.000; thence North 12
degrees 16'50" West, 421.75 feet, to a point 70 meters (229.66 feet) right of centerline station
3+225.000; thence North 12 degrees 31'31" East, 418.23 feet, to a point 45 meters (147.64 feet)
right of centerline station 3+100.000; thence North 02 degrees 35'36" West, 57.90 feet to the
intersection of said westerly right of way line with the north line of the Southwest quarter of the
Southeast quarter of said Section 15; thence leaving the said westerly right of way line on a bearing
of North 89 degrees 09'27" East, along the north line of said Southwest quarter of the Southeast
quarter and the north line of the Southeast quarter of the Southeast quarter of said Section 15,
1374.67 feet, to the Northeast comer of the Southeast quarter of the Southeast quarter of said
Section 15; thence South 86 degrees 10'24" East, along the north line of the Southwest quarter of
the Southwest quarter 1378.23 feet, to the northeast corner of said quarter quarter section; thence
North 05 degrees 57'37" East, along the east quarter quarter section line of the Northwest quarter
of the Southwest quarter of Section 14, 1367.51 feet, to a point that is the Southeast comer of the
west half of the Northwest quarter of Section 14; hence North 05 degrees 21' 14" East, 2716.12
feet, to the southerly right of way of West Edgewood Drive; thence continuing along said quarter
quarter section line to the north line of Section 14; thence North 06 degrees 00'26" West, along the
east line of the quarter quarter section line of the Southwest quarter of the Southwest quarter of
Section 11, 1180.27 feet, thence leaving said quarter quarter section line, South 37 degrees 34'l 0"
East, 133.279 feet, thence South 00 degrees 00'50" West, 9.90 feet; thence South 53 degrees
Bill 2005-98
00'57" West,204.59 feet; thence South 10 degrees 09'10" East, 907.059 feet, to the northerly right
of way of said West Edgewood Drive; thence in a westerly direction along the northerly right of
way of said West Edgewood Drive, on a curve to the right having a radius of 1392.39 feet, a length
of 170.43 feet,( having a chord North 83 degrees 24'25" West., 170.32 feet); thence North 79
degrees 54'05" West, 257.93 feet; thence North 10 degrees 05'55" West, 45 feet; thence North 79
degrees 54'05" West, 116.49 feet; thence South 10 degrees 05'55" West, 40.00 feet: thence North
79 degrees 54'05" West, 385.21 feet; thence along a curve to the left having a radius of 1477.39
feet, an are distance of 300.24 feet, (the chord of said curve being North 85 degrees 43'24" East,
299.72 feet), to a point where the northerly right of way of said West Edgewood Drive intersects
the section line between Section I 1 and Section 10: thence on a curve to the left having a radius of
1477.39 feet an arc distance of 96.27 feet ( the chord of said curve being South 86 degrees 35'17"
West, 96.26 feet); thence South 84 degrees 43'16" East, 22.91 feet; thence leaving said northerly
right of way of West Edgewood Drive, South 04 degrees 31'29" East, 90.00 feet to the southerly
right of way of said West Edgewood Drive; thence South 04 degrees 31'29" East, 248.47 feet, to
the south line of Section 10; thence South 83 degrees 51'58" West, 1220.17 feet, to the southwest
comer of the Southeast quarter of the Southeast quarter of said Section 10; thence North 05 degrees
40'59" West, 418.47 feet, along the quarter quarter section line, to a point that is the easterly right
of way of Missouri State Highway 179, as per reference plans of Job No. J5U0441D, that is left of
centerline station 1+709, 130.041 meters(426.64 feet); thence along the easterly right ofway of said
Highway 179 to a point that is left of centerline station 1+640, 66 meters (216.54 feet); thence to
a point that is left of centerline station 1+530, 84 meters ( 275.59 feet); thence to a point that is left
of centerline station 1+457.564, 52 meters (170.60 feet); thence northwesterly to a point where the
easterly right of way of said Highway 179 intersects the north line of Southwest quarter of the
Southeast quarter of Section 10; thence along said quarter quarter section line South 82 degrees
21'12" West, 733.19 feet, to the northeast comer of the South half of the Southwest quarter of
Section 10; thence South 82 degrees 23'31" West, 1000.01 feet; thence South 05 degrees 35'43"
East, 370.00 feet; thence South 27 degrees 40'23" East, 1073.81 feet, thence North 82 degrees
39'49" East, 600.00 feet, to a point that is the Southeast corner of the Southeast quarter of the
Southwest quarter of section 10; thence South 05 degrees 27'44" East, 1377.35 feet, along the
quarter section line to the Southeast comer of the Northeast quarter of the Northwest quarter of
Section 15; thence South 04 degrees 30' East, along the quarter section line 535.17 feet, to the
northerly line of county road ( know as Frog Hollow Road); thence across county road to a tract of
property conveyed to Maple Leaf Properties, LLC as per Book 448 Page 241 of Cole County
Recorders Office, of which is the northwest comer of a 15 foot wide tract; thence in a southerly
direction along the westerly side of said 15 foot wide parcel, 830 feet more or less, to the quarter
section line; thence in an easterly direction along said quarter section line, 15 feet, to the southeast
comer of the Northwest quarter of Section 15; thence in a southerly direction along the quarter
section line to the south quarter comer of said Section 15; thence in a westerly direction along the
section line, 66 feet; thence in a southerly direction to a point that is 20 feet perpendicular to the
centerline of a private road at station 1+92.8 as recorded in Book 153, Page 525 Cole County
Recorders Office; thence across said road to the east side of 40 foot right of way, 20 feet southeast
of station 1+92.8; thence southerly and southwesterly along the easterly right of way of said private
road to a point where the easterly right of way of said private road intersects the northerly line of
Lot #1 of Williams Subdivision, Plat Book 12, Page 135, recorded in Cole County Recorders
Office; thence North 90 degrees 00'00" East, 195.72 feet; thence South 00 degrees 58'20" East,
233.97 feet, thence North 87 degrees 53'49" West, 185.25 feet, to a point where the property line
intersects the easterly right ofway of said ValleyHi Road; thence in a southerly direction along said
right of way to intersect the northerly property line of tract of property described in Book 251, Page
319, of Cole County Recorders Office; thence in a southeasterly direction to the easterly line of said
parcel; thence South 04 degrees 33'52" East, 143.84 feet; thence in a northwesterly direction to the
easterly right of way of said Valley Hi Road; thence southeasterly along said easterly right of way
of Valley Hi Road described in Book434, Page 979, Exhibit `A' of Cole County Recorders Office,
Bili 2005-9e 3
to a point of intersection with the north right of way conveyed to the State of Missouri as Route `C',
(presently named as Rock Ridge Road); thence in an easterly direction along said Route `C', 145
feet; thence North parallel with the west line of the Southwest quarter of the Northeast quarter of
Section 22, 1000 feet, to the north line of said quarter quarter section; thence in an easterly direction
along the south line of the Northwest quarter of the Northeast quarter of said Section 22, to the
point of beginning, EXCEPTING the following described lots or parcels of land all located in
the State of Missouri, County of Cole: Lot 4, Fainwood 1st Addition as recorded in book 6,
page 61 of the Cole County Recorder of Deeds Office; Lot 22 and 23, Fainwood 3rd Addition,
as recorded in Book 11, Page 258 of the Cole County Recorder of Deeds Office; a parcel of
land lying south of Edgewood and as described in book 430, page 188 of the Cole County
Recorder of Deeds Office; and a parcel of land lying south of Edgewood and as described in
book 337, page 979 of the Cole County Recorder of Deeds Office.
Containing in all, 548 acres, more or less.
Section 2. The City Council determines and does affirmatively state that the
unincorporated area described in Section 1 is contiguous to the existing city limits and
is compact.
Section 3. The City Council determines and does affirmatively state that the
length of the contiguous boundary common to the existing city limit and the proposed
area to be annexed is at least fifteen percent (15%) of the length and the perimeter of
the area proposed for annexation.
Section 4. The City Council finds and declares that the annexation of the
unincorporated area described in Section 1 is reasonable and necessary to the proper
development of the city.
Section 5. The City has developed a "Plan of Intent" to provide services to the
area proposed for annexation after the date of annexation. (Copy attached) Said Plan
of Intent is hereby adopted.
Section 6. A public hearing has been held, as provided by law, on the annexation
of the unincorporated area described in Section 1.
Section 7. A petition for Declaratory Judgement shall be filed as soon as possible
after the final election.
Section 8. A proposition to extend the City Limits of the City of Jefferson, Missouri
so as to embrace and include all that territory located in the County of Cole, Missouri,
known as the Highway 179 Area, and as described in Section 1, shall be submitted to
the voters of the City of Jefferson, Missouri and the voters of the unincorporated territory
subject to the annexation proceedings, and an election shall be held and conducted for
this area on Tuesday, the Ph of February, 2006.
Bill 2005-9e 4
Section 9. If a majority of legal voters in the City of Jefferson vote in favor of the
proposition, and a majority of legal voters of the unincorporated territory subject to the
annexation proceedings shall vote in opposition to the proposition, a second election
shall be held and conducted for this area to resubmit the proposition as described in
Section 1, on Tuesday, the 4`h day of April, 2006.
Section 10. The Proposition to be submitted on February 7, 2006, and April 4,
2006, if necessary, shall be as follows:
PROPOSITION NO. A
Shall the corporate limits of the City of Jefferson, Missouri, be extended to include
the unincorporated areas of land contiguous to the present city corporate limits
named as the Highway 179 Area in Ordinance *_ enacted by the City Council of
the City of Jefferson, Missouri, on November 19, 2005?
❑ YES
❑ NO
Section 11. The annexation shall be effective immediately upon approval by the
voters, or November 1, 2006, whichever is later.
Section 12. This ordinance shall be in full force and effect from and after its
passage and approval.
Passed: Approved:
Presiding Officer Mayor
ATTEST:
City Clerk
*add in Ordinance number upon approval.
Bill 2005-98 5
APPROaD O FORM:
r7 /
i !
City Counselor
PLAN OF INTENT
for
Annexing Unincorporated Land
into the
Corporate Limits of the City of Jefferson, Missouri
Prepared by
THE CITY OF JEFFERSON, MISSOURI
TABLE OF CONTENTS
I. INTRODUCTION 1
1. Description of Area. 1
2. Area is Contiguous. 1
3. History of this Annexation Initiative. 1
4. Voluntary Annexations Will Not Achieve Goal. 2
III. REASONABLENESS AND NECESSITY OF ANNEXATION 3
1. Annexation of the area is reasonable and logical. 3
2. Annexation of the area is economically feasible. 4
IV. LISTING OF MAJOR SERVICES PRESENTLY PROVIDED BY THE CITY OF
JEFFERSON
4
1.
Police Protection
4
2.
Fire Protection
6
3.
Parks, Recreation, and Forestry
6
4.
Planning and Zoning.
7
5.
Jefferson City Housing Authority
7
6.
Community Development
8
a. Streets
8
b. Wastewater Utilities:
8
C. Transit
9
H:\Anaexatw.\A.nexatm-2006\Revisal Plan d ffitmt 10-11-05 uWd _1_
d. Airport
9
C. Animal Rescue Division.
9
f. Building Regulations Division.
10
g. Current and Long Range Planning Divisions
11
h. Environmental Services Division
11
i. Engineering '
12
j. Parking
1?
V. PROPOSED TIME SCHEDULE WHEREBY THE CITY PLANS TO PROVIDE
SERVICES TO THE RESIDENTS OF THE ANNEXATION AREA
13
1.
Police Protection:
13
2.
Fire Protection
13
3.
Parks, Recreation, and Forestry
13
4.
Planning and Zoning.
14
5.
Jefferson City Housing Authority
14
6.
Community Development
14
Stornzwater Drainage
14
Wastewater
14
Streets
15
H:\Anaexatw.\A.nexatm-2006\Revisal Plan d ffitmt 10-11-05 uWd _1_
VI. EFFECTS OF ANNEXATION
16
1.
Property Tax.
16
VII. EXISTING AND PURPOSED LAND USES
16
1.
Existing Land Use
16
a. Current Land Use Acreage.
16
b. Agricultural Uses
17
C. Existing and Future Commercial Land Uses.
17
d. Recreational Uses.
17
e. Single Family Residential Uses
18
f. Multiple Family Residential Uses
18
g. Roadways
18
h. Other Land Uses
19
2.
How the City Proposes to Zone the Area to be Annexed
19
3.
Summary Description of Proposed Zoning Districts
20
VIII. EFFECTIVE DATE OF THE PROPOSED ANNEXATION
21
Appendix A.
Map Showing location of Proposed Annexation Area
2?
Appendix B.
Contiguity
2?
Appendix C.
Map Showing Preliminary Study Area
22
Appendix D.
Showing the Entire Area Looked at (Less Portions Already Annexed
22
Appendix E.
Council Growth and Annexation Committee Meetings
22
Appendix F.
Citizen Input
2?
Appendix G.
Jefferson City Financial Statement (Budget in Brief)
22
Appendix H.
Fire Response Times
22
Appendix I.
Fire Department Manning Survey
22
Appendix J.
Purposed Zoning
2?
Appendix K.
Existing Land Uses
22
BOUNDARY DESCRIPTION
PROPOSED JEFFERSON CITY ANNEXATION
23
H:Nnnexaciam\W ation-3006Vtev'ttd Plop otlntmt 10-11-05 awed 'n—
PLAN OF INTENT
FOR
ANNEXING UNINCORPORATED LAND
INTO THE
CORPORATE LIMITS OF THE CITY OF JEFFERSON, MISSOURI
PROPOSED HIGHWAY 179 ANNEXATION AREA
I. INTRODUCTION
The City Council of the City of Jefferson City, Missouri, has expressed intent to annex the
area as generally defined above. Missouri law requires that prior to annexation, a report be prepared
and presented at a public hearing setting forth the plans of the municipality for providing major
municipal services. A timetable for the provision of these services and an indication as to the
methods of financing also is provided.
The following information has been compiled by the principal departments of the City of
Jefferson City, Missouri, that would be responsible for the provision of services to newly annexed
areas. A series of maps accompanies and is an integral part of this report.
H. BACKGROUND
Description of Area.
The City of Jefferson City is proposing to annex approximately 548 acres in the
unincorporated area of Cole County south of the City, referred to herein as the 179 Annexation
Area. (See Appendix A) The proposed area follows Sate Highway 179 from the existing City
boundary at Edgewood Road, south to Valley Hi Drive. (See Exhibit B). The area is generally
surrounded on two sides by the existing City limits.
2. Area is Contiguous.
Seventy-one percent (71%) of the boundary of the area is contiguous with the existing
boundary of the City. (State law requires that the area be at least 15% contiguous)
3. History of this Annexation Initiative.
In June of 2003, Mayor Landwehr created a standing committee of the City Council to study
annexation. This became the Growth and Annexation Committee.
In 2003 the Capital Area Partnership for Planned Growth (CAPPG) began a study of the
annexation policies of the City of Jefferson. CAPPG was made of a mix of city and county residents,
H:Annuotiow\A==mion - 2005Udevi od Plan of Immt 10-11.05 a.wpd
government officials, business persons, real estate developers and others. CAPPG identified the
Highwayl79 corridor and Edgewood Drive as areas which should receive priority consideration for
voluntary annexation. In addition, CAPPG recommended that involuntary annexations should be
limited in size and should only be used in exigent circumstances. CAPPG recommended that
voluntary annexation be used to the extend possible. While recognizing that unanimous support for
any annexation project is unattainable, CAPPG recommended that the City should assess public
opinion and elicit public input prior to proceeding with a plan. (Capital Area Partnership for Planned
Growth, Final Report, October 8, 2004.).
Following the recommendation of CAPPG to examine the Edgewood/179 area, the City
conducted numerous public discussions of the past 12 months to determine whether annexation of
179 corridor was desirable, to gauge public opinion, and to determine specifically the boundaries of
the annexation area. Seven public meetings were held by the Council Committee on Growth and
Annexation between August 2004 and May 2005 where annexation in the 179 corridor was discussed
(See Appendix D, showing the entire area looked at (less portions already annexed).
In addition, the full Council held a public forum on May 23, 2005 to discuss annexation in
the 179 corridor and what areas should and should not be included. Eleven members of the public
spoke and offered support, criticisms and suggestions regarding annexation in the 179 corridor and
what the boundaries of the proposed annexation should be. The Council requested the Staff to divide
the 179 corridor into specific smaller study areas so that the Council could carefully decide the
specific areas where annexation should be pursued. This is referred to as the initial study area. The
initial study area is shown in Appendix C. It included eleven distinct study areas.
After considering the comments of stakeholders in the 179 corridor and the costs and
benefits to existing citizens, the Council elected only to pursue voter approved annexation in 7 of
the 11 study areas. The area selected is shown in Appendix B. This reflects due consideration to
the incremental approach urged by CAPPG and the County Commission. The official resolution
initiating the annexation process was adopted on September 6, 2005.
Neighborhood meetings were held in the populated parts of the study area. This included
small intimate meetings of a few families held at residents homes and larger meetings for the entire
area held at larger venues. The larger meetings also included input from current residents. In total
eleven meetings were held over a six month period. A complete listing of the meetings is shown in
Appendix .
Meetings were also held with other interested stakeholders, including the County
Commission, Three Rivers Electric, and the Cole County Fire Protection District.
4. Voluntary Annexations Will Not Achieve Goal.
The Cityhas had great success in securing many voluntary annexations within the study area.
acres of the original study area have been annexed voluntarily. This does not include the
approximately 130 acres voluntarily annexed for the St. Mary's hospital site in 2004. However,
voluntary annexations have carried with them certain problems. First the tremendous response from
land owners wanting to annex, creates a danger that other land owners, not yet ready to annex, will
H:Nmcxatioms mnatiun - 20wReki Pl of Inimt 10-11-05 awed 2
become islands, completely surrounded by the City. Indeed the City has had to refrain from
annexing some property simply to prevent creating such islands. Secondly, voluntary annexations
tend to be erratic based on development at specific locations. This does not lend itself to orderly and
planned development thus failing to achieve the primary goal of annexation.
III. REASONABLENESS AND NECESSITY OF ANNEXATION
1. Annexation of the area is reasonable and logical. Annexation of the purposed area is
reasonable and logical for the following reasons:
a. Although the bulk of the area is presently rural, with a few residential
subdivisions, the projected development within the proposed area will be
largely of an urban character (retail developments, office and professional
complexes, and residential subdivisions). This development is already
underway in the northern part of the area. Substantial development is
planned in the middle and southern portions, including the new St. Mary's
hospital. Such development is more appropriate within a municipal
framework. Most retail establishments would prefer to be located within the
City limits and therefore the lack of annexation will be a hindrance to the
economic growth of the area.
b. The City is in need of sites for residential and commercial development and
such sites are available in the proposed area.
c. Analysis of past growth patterns shows that much of the growth that would
have occurred inside the City has instead spilled over into the unincorporated
area immediately surrounding the city.
d. The area and the existing City will benefit from the uniform application and
enforcement of building, plumbing, and electrical codes.
e. Significant parts of the area are effected by flooding and will benefit from a
regional approach to storm water as well as uniform enforcement of flood
plain regulations. In addition significant parts of the area are part of
watersheds that flow into the City. As the area develops there needs to be
storm water abatement to protect the current residents of the City.
£ It is expected that the area will experience exponential growth in the next 1-3
years. Since the County currently lacks planning and zoning, the area will
benefit from uniform planning and zoning practices. In addition the City's
current residents will benefit by being protected from unplanned and
unregulated growth immediately outside our borders.
g. Highway 179 and EdgewoodRoad, both major thoughfares, cross throughthe
proposed area. As a result, both roads are alternatively in or out of the City
limits. This causes confusion and delay in responding to fire and police calls.
H:Wmumiom\Annuotion-?0o6Tmised Plan of lnt=t 10-11-05 a.xVd 3
h. Large retail developments, offices, and residences will benefit from being
constructed in accordance with the City's building and fire code.
2. Annexation of the area is economically feasible.
Annexation of the proposed area will increase the total size of the city by _%.
Annexation of the proposed area will increase the population of the City by _°/H. These are
relatively small increases which can easily be accommodated.
The City is in a sound financial position and well capable of providing the services outlined
in this plan. Annexation of the area is economically feasible for the following reasons:
a. The City currently has authorized 88 sworn police officers. This includes
three additional officers recently added.. The number of officers is currently
more than adequate and this puts the City in a position to look at annexation
of relatively small areas such as this one without the necessity to fund
additional officers. The current force is sufficiently large to handle the
additional calls that the proposed area would likely generate for the
foreseeable future.
b. The City Fire Department has recently added three additional officers and is
sufficiently large to handle the calls generated for the foreseeable future.
Because the number of firefighters is more than sufficient currently,
additional firefighters would not be needed if annexation were to be
successful. Likewise the current number and location of fire stations would
be sufficient to handle calls in the purposed area. Estimated response times
are shown in Appendix D
C. The City already provides sewer to the area and the existing treatment plant
is sufficient to handle the expected increase in demand. The City has already
installed sewer crossings under Highway 179 in the appropriate palaces. The
costs of sewer expansions would be borne by developers.
d. The taxes generated from the area will be sufficient to cover the costs of
maintaining existing public infrastructure.
IV. LISTING OF MAJOR SERVICES PRESENTLY PROVIDED BY THE CITY OF
JEFFERSON
The various departments and agencies of the City of Jefferson currently provide a wide range of
services to citizens residing within the present corporate limits. These services, listed by department
or agency, are:
1. Police Protection:
H:Wm inmrinnaation- 200641evisrA Plnn o(Intmt 10-11-05 o.wyd 4
The Jefferson City Police Department protects the lives and property of our citizens with a force of
88 sworn officers. The Police Department divides the City of Jefferson into five zones (beats). Zone
1 is located on the north side of the City, Zone 2 is located in the east side of the City, Zone 3 is
located in the central part of the City, Zone 4 is located on the south side of the City, and Zone 5 is
located on the west side of the City. The Police Department provides the following services to the
citizens of Jefferson City:
a. Comprehensive uniform patrol function for the prevention and detection of
crime and apprehension of criminal offenders.
b. Traffic regulation, education, and enforcement program administered by
specifically defined Traffic Unit.
C. Advanced traffic accident investigation services with several certified
accident reconstructlonist on staff.
d. State-of-the-art 911 Emergency Communications Center.
e. Eight member criminal investigation unit with special training in evidence
management and juvenile and domestic violence law.
f. Crime detection and prevention programs such as Neighborhood Watch,
Crime Stoppers, National Night Out, Sober Driver, vacation house watchlist,
and numerous programs involving youth safety issues.
g. Offer security inspections for residences and businesses in the City, as well
as workplace violence prevention workshops.
h. Covert drug enforcement and surveillance equipment and operations by
Investigation Section detectives.
i. Documentation and assistance for emergency and routine calls for service.
Each officer is certified in Red Cross first aid and CPR.
j. School Resource Officers are assigned in Simonsen 9'h Grade Center, Lewis
& Clark Middle School, Thomas Jefferson Middle School, and Jefferson City
Senior High School.
k. Drug Abuse Resistance Education (DARE) program in public elementary and
private parochial schools.
1. All members of the Traffic Unit are certified in the operation of police
motorcycles which facilitates enforcement of traffic laws.
In. Special Weapons and Tactics (SWAT) Unit created for rapid deployment, to
high risk incidents and for the execution of search and arrest warrants.
HAA.a.tm.\A.c .fian -2006\Revved Pl..Nwrnt 10 -11 -OS awed 5
n. Community Action Team (CAT) designed to apply contemporary community
policing strategies to a diverse community. These policing philosophies and
strategies focus on crime prevention, community/neighborhood partnerships,
and customizing police service to meet the specific needs of the businesses
and residents.
o. The office Professional Standards is charged with the responsibility of
throughly and fairly investigating all citizen allegations ofpolice misconduct.
2. Fire Protection: The Jefferson City Fire Department is a professional fire department with
an authorized strength of 72 firefighters. Twenty-four (24) hour fire services provided by five
existing fire stations. Through scheduling and manning requirements, residents are assured of
having a minimum of twenty fire personnel on duty every hour of every day of the year. The Fire
Department protects the citizens of our city by providing the following services:
a. Centralized dispatching of fire personnel by the E-911 system ensures quick
response to an emergency situation providing residents with increased
personal safety.
b. The Fire Department provides medical first responder service within the City
in conjunction with Capital Region Emergency Medical Services. Firefighters
are licensed Emergency Medical Technicians or Paramedics. Capital Region
provides ongoing training to the firefighters and staffs an ambulance in one
of the City's stations. Staffed apparatus are equipped with external
defibrillators, oxygen equipment, and other medical equipment.
C. Limiting structural fire damage within the first few minutes is critical and is
accomplished by responding with adequate manpower immediately upon
receipt of a call to E-911 central dispatching. Dispatched to every structural
fire within the City are two engine companies, a ladder company, squad
company, and an assistant chief.
d. Rescue services provided for disentanglement from automobiles, farm
equipment, or other machinery is handled by two strategically located squad
companies.
e. Other fire protection services provided by the City of Jefferson are fire code
inspection, public fire safety education, and service calls, such as pumping
basements and responses to carbon monoxide alarm calls.
3. Parks, Recreation, and Forestry:
The purpose of the Department of Parks and Recreation is to provide for the diverse leisure,
conservation, recreation and aesthetic needs of the community. The City of Jefferson Department
H:V nvcxnaonsWtui:xvtivv-30060 i,e Playvrlvtrnt 10-11-05 a.upd
of Parks and Recreation operates a wide variety of Park and Recreation facilities. Programs and
special events on a year-round basis for all age groups and abilities. The Department offers and
manages:
a. Programs in youth and adult sports, senior citizen, and special population
activities.
b. A wide variety of outdoor education/recreation self-improvement and
instructional courses.
C. Lifetime recreation activity skill classes in swimming, ice skating, and golf.
d. 1,300 acre park system with facilities for a multitude of passive and active
recreation programs and special events. The park system contains fifteen
properties, ranging in size from one acre to over 600 acres, including 165
acres North of the Missouri River.
e. Two swimmingpools, eleven lighted athletic fields, over 10.5 miles ofpaved
multi-purpose greenway trails, an 18 -hole public golf course, and fifteen
miles of mountain biking trails.
f. 175 acres of fishing lakes, six large picnic pavilions, twelve playground
equipment areas, one skateboard park, eleven lighted tennis courts, one
recreational vehicle campground with eighteen fall hook-up sites, and an
indoor ice arena.
g. Enforcement of hazardous tree measures on public and private property.
4. Planning and Zoning.
The City has a comprehensive plan and a zoning map. The purpose of zoning is to protect property
values and encourage intelligent development by ensuring that incompatible uses are not located near
to each other. The zoning regulations are administered by the Planning and Zoning Commission and
the Board of Adjustment, which are made up of citizens from the community. Further citizen input
is achieved by requiring notice to surrounding property owners when a proposal is made to change
existing uses. Planning entails not only review of purposed developments to be sure that they
comply with Federal, State and local laws, but more importantly planning the procedure of
evaluating how the City will evolve and grow and making preparations to assure that such growth
is compatible with the existing community.
5. Jefferson City Housing Authority:
The Jefferson City Housing Authority provides assistance to citizens and neighborhoods that meet
certain defined guidelines established by the federal government and/or the State of Missouri. The
services and assistance offered by the Housing Authority are generally provided to low and very -low
H:Nm atiams meatian-1006\Rosa Plan o(ImrnI 10-11-05 aupd 7
income tenants and neighborhoods. The type of services available to qualified individuals, families,
and neighborhood areas include:
Family/Public housing.
Elderly and disabled housing.
Rental subsidy in private market units for eligible individuals and families
Senior Center and senior citizen activity programs.
A significant number of social services are offered by the Housing Authority and/or
other agencies from facilities operated by the Authority. Examples include
nutritional programs, day care, and Head Start programs.
6. Community Development: The Department of Community Development focuses on
maintaining, improving, and developing the City of Jefferson. This task is divided amongst ten
departments. These department serve the City in the following ways:
a. Streets
• Repair and maintain public streets and alleys.
• Snow plowing and chemical treatment for snow removal.
• Street sweeping.
• Annual street resurfacing program.
• Maintain and replace public storm drainage system to include bridges,
culverts, pipes, inlets, and miscellaneous structures.
• Maintain City owned and operated street lights.
• Maintain traffic signals, traffic signing and pavement markings.
• Issuance and inspection of street cut and right of way excavation
permits, inspect and patch street excavations.
• Minor repair and replacement of curbs and gutters.
• Small street or stormwater construction projects.
• Maintain rights of way.
b. Wastewater Utilities:
The City operates a wastewater system that treats eleven million
gallons of wastewater each day, including 400 miles of gravity sewers
and 30+pump stations.
H:Wmmncioms =atian- 2006Tnwi PW ofInImt 10.11-05 nwpd
• The Wastewater division also supervises construction to upgrade and
expand the system.
The Division administers a pretreatment program with certain
industries.
• The Wastewater Division works with developers to extend sanitary
sewer lines to developing land.
• The Division provides twenty-four (24) hour response to sewer
backups, system overflows and odor complaints.
• The Division locate lines forproperty owners, plumbers, and utilities.
C. Transit
d. Airport
Public bus service is available Monday through Friday, from 6:45
a.m. to 5:45 p.m.
A fixed route bus system is operated over set routes with regular time
schedules. This fixed route public transit system is available to
citizens and visitors alike. Regular fare is 50 cents. A "half -fare"
program is available for eligible patrons.
The City also operates Handiwheels, a city-wide paratransit service
available to qualified disabled residents. The fare for this call-in
service is $1.00 per one-way trip.
Jefferson City operates and maintains a municipal airport for both
commercial and private users located north of the Missouri River.
e. Animal Rescue Division.
The first and foremost job of the Animal Rescue Division is to protect the
community from the spread of feline and canine diseases. The most -feared
disease is rabies. Animal Rescue personnel are on call 24 hours a day for
emergencies. The following services are provided:
• Pick up stray animals within the City limits.
Pick up animals within the City limits that are roaming without a
leash. This aids in preventing animals from becoming injured or
killed and helps limit the number of bite cases.
• Remove and provide help in removing nuisance wildlife and wild
animals, snakes and birds from homes, yards, out -buildings, etc.
• Care of unwanted animals
H:Wnocatinms no=aion-2006@ mcd Ploo of Immt 10-11-05 uwpd
• Assist in finding animals that have bitten a person and see that proper
steps are taken to insure the maximum safety of this person.
• Promote and assist in educational programs for students of the local
schools.
• Pick up dead animals from the City streets, yards, and, upon request,
houses.
• Control of wasps, bees, and other insects in an outside environment
where they could endanger people.
• Protect persons and property by issuing summons to violators of the
Animal Control Ordinance.
• Help find missing animals.
• Find homes for unwanted pups, kittens, dogs and cats when possible.
• Protect animals from mistreatment.
• Assist the police when threatened by animals in the performance of
their duties.
• Capture and return of escaped livestock and fowl to the owners.
• Provide electronic ID chip program for all adopted animals leaving
City shelter.
Building Regulations Division.
The Building Regulations Divisions administers and enforces all
building, electrical, plumbing, and property maintenance codes. The
purpose of these codes is to ensure public health and safety insofar as
they are affected bybuilding construction through structural strength,
adequate means of egress facilities, sanitary equipment and fire
safety; and, in general, to secure safety to life and property from all
hazards incident to the design, erection, repair or demolition of
buildings.
The Divisions inspectors make site inspections to ensure conformity
with zoning regulations, for set back requirements, and appropriate
use of property.
H:W nadom\ m ation-2006Vd ,d Plop atlwrnt 10. 11.05 awpd 10
• The Division issues demolition permits for all structures to be
removed.
• The Division issues sign permits and inspect for ordinance
conformity.
The Division advises the public, engineers, contractors and other
professionals on building code requirements and furnishes technical
staff assistance to the Commission on Historic Preservation.
g. Current and Long Range Planning Divisions:
• Review proposed subdivision plats and development plans to ensure
the development of a continuous street system, logical street naming
and numbering systems, availability of adequate utilities and
compliance with zoning codes, including land use, landscaping,
lighting standards and bulk regulations.
• Staff the Planning and Zoning Commission, maintain the zoning
atlas; process applications on behalf of the Board of Adjustment for
zoning appeals, zoning interpretations, zoning variances and
conditional use permits.
• Assist local groups with neighborhood planning matters.
• Coordinate long range and transportation planning and coordinate
with state and federal agencies such as Missouri Department of
Transportation, U.S. Department of Transportation, and U.S. Census
Bureau.
h. Environmental Services Division: The environmental services division
protects the health and safety of Jefferson City citizens performing the
following services:
• Inspect various types of food services including restaurants, taverns,
hospital kitchens, licensed child care facilities, schools, convenience
stores, grocery stores, bakeries, delis, farmers' markets, temporary
food stands, parking lot barbecues and mobile food vendors.
• Provide design guidance to contractors/owners of new or remodeled
food service establishments.
• Investigate complaints from consumers related to food service
establishments.
• Investigate complaints and resolve problems concerning water
supplies used for consumption.
H:\M atiouWnncvotion-1006\RcvLMPlan oflnimt1011-05a d II
Oversee City's trash contractor and compost site provider
Investigate complaints and resolve violations of illegal dumping,
trash accumulations, litter, hazardous materials, unsanitary or
hazardous conditions to include rodents or vermin, dead trees, icy
sidewalks, open cisterns or wells, bird roosts, and open burning of
illegal materials, and other items.
Provide a seasonal mosquito control program and provide public
information programs and materials for preventive activity.
Provide a seasonal weed control program
i. Engineering:
Design, prepareplans, and inspect public works construction projects
for street, sanitary sewers, and stormwater improvements.
Prepare and update public record maps of street rights-of-way,
sanitary system, and stormwater system.
Administer stormwater and flood hazard ordinances.
Review plans for subdivision development and inspect construction
of these public facilities.
Administer consultant and construction contracts.
Coordinate utility activity on right of way.
Provide engineering services for other City departments.
Coordinate projects with State of Missouri and other public agencies.
Develop and maintain Geographic Information System (GIS) for City
Departments
Conduct neighborhood meetings and public hearings.
Review plans prepared by developers and others which alter or extend
the storm drainage system and sanitary sewer system.
Conduct traffic studies.
Parking
Enforces parking ordinances.
Operates public off-street parking facilities
H:\Avnuwia�\Amecotion-2006\Rnui dPl oflntmt 10-11-05 a.ad 12
V. PROPOSED TIME SCHEDULE WHEREBY THE CITY PLANS TO PROVIDE
SERVICES TO THE RESIDENTS OF THE ANNEXATION AREA
The City of Jefferson plans to provide services listed in the preceding Section IV to the residents of
the Annexation Area on the effective date of annexation, with the following modifications:
1. Police Protection:
Jefferson City will provide police service to the Annexation Area immediately upon the
effective date of its annexation. The Jefferson City Police Department maintains a patrol
staffing requirement that provides 24 hour patrol services to its residents.
Analysis of preliminary crime figures and calls for service in the Annexation Area reflects
a call load that will not adversely impact work load levels for the Police Department with
current personnel strength. The amount of area involved is also a factor as it related to
response times within the Annexation Area. Current analysis of calls for service do not
indicate a need to add additional personnel.
The Jefferson City Police Department offers a variety of services that will be extended to the
residents in the proposed Annexation Area. Community Policing and Problem Oriented
Policing will be extended to include residents in the proposed Annexation Area.
2. Fire Protection:
The City will assume fire protection services in the proposed annexation area upon the
effective date of the annexation.
The City will continue to cooperate with existing fire protection districts and other fire
service providers.
The City will work cooperatively with the water districts and land developers to attain the
desired standards for fire hydrant and water system distribution capabilities. For certain
remote areas, the City may place some reliance on the tanker truck capabilities of the fire
district by agreement. The fire hydrant spacing standards are 300 ft. for
commercial/industrial/institutional areas and 600 ft. for single family residential areas.
The City will respond to calls for service from the City's closest staffed station and,
depending upon the nature of the call, additional stations, apparatus and personnel will
respond.
3. Parks, Recreation, and Forestry:
H =aioavWn cion-2006acvac Plw ofbtmt 10-11-05 o."d 13
The general policy of the Parks, Recreation, and Forestry Commission has been to evaluate
the potential park and recreation needs of annexation areas and to address provision of park
and recreation programs and facilities for those areas on an equal basis with all other areas
within the community. The proposed Annexation Area already contains P ark and Recreation
facilities at the present time.
4. Planning and Zoning.
The purposed zoning for the area is attached as Appendix _
5. Jefferson City Housing Authority:
The citizens of the Annexation Area will be eligible for consideration for programs offered
by the Jefferson City Housing Authority. It must be noted, however, that (1) individuals,
families, and areas must meet federally -established income and other participation criteria;
(3) certain services, such as access to public housing, are operated on a "first come, first
served" basis; and, (3) many of the Housing Authority services are dependent on federal
funding. Any reductions in available federal funds would cause a corresponding reduction
in services offered.
6. Community Development:
Stormwater Drainage
Jefferson City will be responsible for maintaining all public drainage facilities in the area
which are currently being maintained by Cole County.
Requests for local storm drainage improvements submitted by annexation area property
owners will be given consideration equal to similar requests submitted by property owners
currently residing in the City.
The City does not participate in the construction of local storm drainage structures in new
subdivisions. The City has constructed certain major storm drainage facilities in Jefferson
City in recent years and will review the need to construct such facilities in the Annexation
Area.
Wastewater
Wastewater generated within the Annexation Area is presently being collected and treated
in a number of ways. Property currently served by septic tanks will continue to utilize that
service until such time as growth in the area makes appropriate alternate services which may
be provided by either package plants, construction of additional collector lines, lagoons or
other forms of treatment based on size and timing of development.
H:Woomaioms motion-2006glmv MPlm of lmmt 10.11.05 n.uVd 14
The City does not participate in the cost of constructing collection system lines in new
subdivisions. The Department of Community Development reviews sewer construction
plans submitted by developers, inspects construction work as it progresses, and accepts lines
for maintenance when all City standards have been met. As the region develops and it
becomes appropriate to make investments into infrastructure for wastewater treatment, the
City will look to its wastewater fund, to economic development grants and to developers and
owners who are generating the waste to fund improvements to the system. These
improvements will occur in conjunction with and as the property is developed and will not
be built generally in advance of user demands. Some portions of the area will be served by
existing City facilities where they are in proximity to those facilities and the terrain would
enable those connections to be made at reasonable cost -benefit ratios.
Parking
No publicly operated off-street parking facilities are planned within the proposed
Annexation Area.
Transit
Regularly scheduled bus service is provided within the City's boundaries on fixed routes.
Within 24 months the fixed route service will be reviewed to determine appropriate routes
to provide service which matches the demand from various areas within the City. Areas
which exhibit levels of demand warranting service will be served. Factors considered when
determining fixedroutes include population density, major trip generators, customer demand
for service, income levels, and vehicle ownership. Areas within the proposed annexation
area will be reviewed and evaluated to determine possible routes which may be needed.
Handiwheels paratransit service is a specialized service for the mobility impaired
population. Federal law requires the service be provided within nine blocks of all fixed
transit routes, however the City strives to make the service available beyond the nine -block
area depending on availability of vehicles, drivers and funding. Extension of Handiwheels
into the annexation area will occur as demand dictates.
Streets
Street Maintenance: Jefferson City will be responsible for maintaining all streets in the area
which are currently being maintained by Cole County. Those streets in the annexation area
that have not been accepted for maintenance by Cole County will not be maintained by
Jefferson City.
Street Signs and Marking: Street signing and marking will begin immediately upon
annexation and will be completed within three years of the effective date of annexation.
Street Lights: The City has an adopted policy for street lighting in improved subdivisions,
subject to budget constraints, with the following criteria:
NMmmmlom\Ammaion-2006\Rovis PI= of lmrn, 10 -II -05 aupd 15
• Installation of the street lights will generally be at spacings no less
than 250 feet (residential) and 180 feet (commercial).
• The spacing maybe less at locations of abrupt horizontal or vertical
grade changes when needed for traffic safety.
• The City may grant additional lighting on the basis of high
concentration of pedestrian traffic such as downtown, school areas,
serious traffic hazards, or high incidence of crime as determined by
the Chief of Police.
• Property owners requesting lighting would pay 25 percent for
residential property and 50 percent for commercial property for the
cost of installation and the City would install and pay formaintenance
and operation when installation is complete.
• Objections to the decision of the Director of Community
Development with respect to the placing of street lighting can be
appealed to the City Council within 30 days of the decision of the
Director of Community Development.
VI. EFFECTS OF ANNEXATION
1. Property Tax. Property within the City of Jefferson is assessed by the Cole County
Assessor. Property within the City is assessed in the same manner as is property located outside the
City. The level of assessment is based on a percent of true value. Residential property is valued at
nineteen percent of true value, farmland is valued at twelve percent of true value and commercial
property is valued at 32 percent of true value. New construction is assessed according to the above
stated rates.
The current property tax rate is $.5760 per one hundred dollars of valuation. This tax is broken
down to $.48 general fund and $.0960 fireman retirement fund.
VII. EXISTING AND PURPOSED LAND USES
1. Existing Land Use
a. Current Land Use Acreage. Land use surveys were conducted in March 2005
and updated in August 2005. The existing land use is depicted on Existing
Land Use Map (Appendix ---J. Existing land use acreage is shown in the
following table.
Existing Land Use in the
Proposed Highway 179 Annexation Area
Land Use Category
Acreage
Agricultural/Rural
171
H.I nmamicmV=natinn-2006VtcvivN PI..H.mt 10-11-05 a.wd 16
Commercial - Existing
28
Recreation (Future Greenway)
3
Residential - Single Family
123
Residential - Multiple Family
4
Vacant- Other
6
Vacant - Future Commercial
90
Vacant - Future Residential
42
State Highway Right -of -Way
49
County Right -of -Way
19
City Right -of -Way
7
Total Land Area
542
b. Amicultural Uses.
Historical land use along Frog Hollow Road is "rural" but the character of this area
is rapidly changing. Hilly and wooded terrain with farms, open fields and residential
uses characterize the area along Frog Hollow Road, but the completion of the
Highway 179 extension and plans for a new interchange midway between West
Edgewood Drive and Missouri Route C Highway have opened up large areas to
development potential. The largest undivided tracts still appear to be in agricultural
use, however some of these large tracts are being planned for development by their
owners.
C. Existing and Future Commercial Land Uses.
Commercial development is currently concentrated along Creek Trail Drive, in Creek
Side Park Subdivision and includes a variety of uses including general business,
offices, retail and warehouse operations. There is also a large day care operation and
a dance studio on Creek Trail Drive. Two other individual commercial sites are
located in the area, both located off of Frog Hollow Road. Land use along West
Edgewood Drive is mixed, and includes agricultural, commercial and residential
uses. A commercial development is also being planned west of the future
interchange location proposed on Highway 179, and St. Mary's Health Center has
announced their plans to construct a new hospital on the east leg of this future
interchange location. There is one cell tower site in the area, located off of Creek
Trail Drive.
d. Recreational Uses.
n:Wnna¢tionsWnnu¢tion- 2006\Revisal Plan a(Imrnt 10.1145 awed 17
The Jefferson City Parks and Recreation Commission owns a strip of land along the
east side of Frog Hollow Road adjacent to Wears Creek, extending from West
Edgewood Drive to the Cedarwood Court vicinity. This strip is for potential
expansion of Greenway Trail System. Existing Greenway is located along West
Edgewood Drive, which passes through both incorporated and unincorporated areas
at this time.
e. Single Family Residential Uses
The bulk of occupied residential property is made up of single family homes. The
largest single-family subdivision in the area is the Fainwood Addition, west of Frog
Hollow Road.
f. Multiple Familv Residential Uses
A large area of attached tri-plex and duplex townhomes is being developed in
Creekside Park Subdivision, accessed from the end of Creek Trail Drive, via
Portobella Place Drive and Notting Hill Drive. Only a few of the lots in this
subdivision have been developed with multiple family structures and occupied, but
there are a number of lots ready for development. The residential portion of
Creekside Park development will fie into Schepker Farm, a planned residential
subdivision inside the city, via Portobella Place
g. Roadways
The public road pattern is dominated by the recently completed extension of
Highway 179, stretching south from West Edgewood Drive to the junction with US
Highway 54. Currently there is no access to Highway 179 in this area except at West
Edgewood Drive and Missouri Route C Highway, however an interchange is in the
planning stages for the midpoint between West Edgewood Drive and Route C. Land
area in right-of-way includes State Highway 179 and local roadways. Highway 179
is a state owned and controlled highway which passes through the area. Major local
roadways include West Edgewood, Frog Hollow Road and Creek Trail Drive. The
Fainwood Subdivision includes the residential streets ofBriar-woodDrive, Kenwood
Drive, Kenwood Circle and Tanglewood Drive. LeCar Drive is apublic right-of-way
for a portion of its length beginning at its intersection with Frog Hollow Road which
provides access to six single family homes on individual lots as well as a group of
single family homes on a single large tract at the end of LeCar Drive. The Creekside
Park Subdivision includes the streets of Creek Trail Drive, Portabello Place Drive
and Notting Hill Drive.
Privately maintained roadways within the Highway 179 Annexation Area include
Weatherhill Road, Eagle Drive and the northern portion of LeCar Drive. Portions of
West Edgewood Drive and Highway 179 are affected by an irregular corporate
boundary, which results in the roadways "weaving" in and out of the corporate
boundary. There are several private roads in the area, including Weatherhill Road
H:WwumiortvWnnuvtion-2006Tcvlsd Plvnaflmml 10-11-05 awpd 18
and the northern portion of LeCar Drive. The private roads in the annexation area
were not tabulated separately but appear within the total ofthe privately owned tracts
served by these private lanes.
h. Other Land Uses
Other land uses not separately mapped include a flood hazard area which parallels
Wears Creek and in the Frog Hollow Road area. There are no utility substations in
the area, however an electric transmission line passes through the southern portion
of the annexation area near the St. Mary's Health Center site. There are no identified
church properties in the annexation area and no identified cemeteries. There are no
mobile homes or billboards within the area.
2. How the City Proposes to Zone the Area to be Annexed
The Proposed Zoning Map (Appendixes shows how the City proposes to zone the area. Existing
developed or known future land uses were matched with the appropriate zoning district.
Undeveloped lots in commercial areas are proposed to be zoned for commercial use, and vacant
residential lots are proposed to be zoned according to the existing residential density within the
subdivision or neighborhood. Proposed district boundaries follow property lines, streets or drainage
features, although not in all cases. Descriptions of proposed zoning classifications are provided at
the end of the Section.
Agricultural Areas/Undeveloped Areas
Proposed Zoning: RU Rural Use (Color Code: Light Green)
The area consists of approximately acres of agricultural land proposed to be zoned RU
Rural Use.
Commercial Areas
Proposed Zoning: C-2 General Commercial (Color Code: Red)
Existing commercial uses are concentrated along Creek Trail Drive and portions of West Edgewood.
A proposed commercial development area adjacent along Highway 179 west of the proposed
interchange site is also proposed for commercial zoning. There are two isolated commercial uses
located off Frog Hollow Road that are proposed for commercial zoning. These uses will be zoned
C-2 General Commercial.
Recreational Uses
Proposed Zoning: RC Rural Conservation (Color Code: 1
A strip of land dedicated to the Jefferson City Parks & Recreation Foundation for the purposes of
a greenway trail parallels the eastern side of Frog Hollow Road from Cedar -wood Court to West
Edgewood Drive. This tract consumes approximately— acres, or percent of the land area.
Single Family Residential Areas
Proposed Zoning: RS -1 Single Family/Low Density Residential (Color Code: Yellow)
Single family residential uses are concentrated in the northern third of the Highway 179 Annexation
area. There are two single family residential subdivisions, Fainwood Subdivision, located in the
north central portion of the annexation area east of Highway 179 and LeCar Subdivision, located
14_, �imwQoron-20MR�MP�onmmuo.11.05o.%Pd 19
west of Highway 179 on Frog Hollow Road. There are also individual single family uses along Frog
Hollow Road and in the extreme northwest area of the annexation area, off of Weatherhill Road.
Multiple Family Residential Areas
Proposed Zoning: RA -1 High Density Residential (Color Code: 1
Development of a multiple family subdivision in Creekside Park Subdivision, located off of Creek
Trail Drive. The development includes a mixture of duplex and multiple family structures.
3. Summary Description of Proposed Zoning Districts
Jefferson City zoning districts have three distinct use categories, (1) Permitted Uses, (2) Conditional
Uses and (3) Special Exception Uses. Review and approval by the Planning Commission and
Council are required for Special Exception Uses. Review and approval by the Board of Adjustment
is required for Conditional Uses. Hearings and prior approval are not required for permitted uses.
Additional information on the proposed zoning districts can be found in the Jefferson City Zoning
Code, however, a brief description of selected districts follows.
RU Rural Use District
The RU District is intended for the maintenance of rural areas, the continued operation of existing
farms and ranches and very low density residential uses. Some higher intensity uses and recreational
uses may be authorized where adequate access and services are available.
RC Rural Conservation District
The RC District is intended for the operation of crop farms and preservation of environmentally
sensitive lands. It also permits more intensive uses associated with a riverine location and some
recreational uses. This district also implements the Parks and Open Space Development Plan Land
Use Category and to denote some areas of 100 -year flood plain.
RS Single Family Residential Districts
There are four single family residential districts in the Jefferson City Zoning Code. Land uses within
the four districts are identical. The districts differ only on the density and dimensional requirements
with RS -1 being the lowest density residential district, and RS -4 being a medium density detached
single family residential district. The RS -1 and RS -2 Districts implement the Low Density
Residential (Detached) Development Plan Land Use Category and are intended for low density
residential living and public uses that traditionally serve residential neighborhoods. The RS -3 and
RS -4 Medium Density Residential Districts implement the Medium Density Residential (Detached)
Development Plan Land Use Category and are intended for medium density detached single-family
residential dwellings and activities that traditionally serve residential neighborhoods.
RA- 1 Multiple Family/High-Density Residential District
The RA -1 District is intended for medium-high density residential living and includes various
dwelling types, such as single family dwellings, duplexes, townhouses, row houses, and other
multiple family dwelling types.
H:1Amuatia�Winexwion 2006tReviud Plan dlmmt 10-11-05 a.xpd 20
C-2 General Commercial District
The C-2 District implements the Commercial Development Plan Land Use Category. The C-2
District is intended to accommodate general trades and commercial services located in high traffic
areas, and at busy intersections and highway interchanges.
Additional information on the proposed zoning districts can be found in the Jefferson City Zoning
Code. Also, see the Proposed Zoning map (Appendix ).
VIII. EFFECTIVE DATE OF THE PROPOSED ANNEXATION
The annexation shall be effective immediately upon approval by the voters or November 1,
2006, whichever is later.
H:NnnuationsNwcmtion-2006V1cv dPlan oflmrnt 10-11-05 n."d 21
LIST OF APPENDICES
Appendix A. Map Showing location of Proposed Annexation Area in Relation to City
Appendix B. Contiguity Calculations
Appendix C. Map Showing Preliminary Study Area
Appendix D. Showing the Entire Area Looked at (Less Portions Already Annexed
Appendix E. Council Growth and Annexation Committee Meetings
Appendix F. Citizen Input
Appendix G. Jefferson City Financial Statement (Budget in Brief)
Appendix H. Fire Response Times
Appendix I. Fire Department Manning Survey
Appendix J. Purposed Zoning
Appendix K. Existing Land Uses
Appendix L. Legal Description
H:VnncxatioreWinentiou-200M,v MPl .Co trnt 10-11.05 awed 22
Appendix
�
APPENDIX B
BOUNDARY DESCRIPTION
PROPOSED JEFFERSON CITY ANNEXATION
Area = 548.77 acres
Total Perimeter = 368.602 feet
Contiguous Boundary = 263.378 feet
Percent Contiguous = 71.5% percent
IlMooxalioms Ann=ation - 2006UImv Plnn of Ino®t 10-11-05 a.wd
yi.
Highway 179 ParceMap Key
Annexati®n Corridor F --- lCityLimits
-------� = Origional Annexation Area
City of Jefferson �s
Y
l
T
4
r s
EITrfLp➢�4 "
9
yi.
Highway 179 ParceMap Key
Annexati®n Corridor F --- lCityLimits
-------� = Origional Annexation Area
City of Jefferson �s
APPENDIX E
Council Growth and Annexation Committee Meetings
August 30, 2004 Future Business Look at 179 Corridor for
future voter approved
annexation area
September 27, 2004 179 Corridor Discussion Committee will review plans
for 179 and contact property
owners
January 31, 2005 179 Corridor Discussion Mayor requests committee
look at area for 3 reasons:
1) future growth potential
2) Recommended by CAPPG
3) St.Marys Hospital
voluntary annexation
February 15, 2005 179 Corridor Discussion Review of 179 Corridor
aerial and existing land use
maps. Mayor & Council to
make contact with residents.
February 28, 2005 179 Discussion -Neighborhood CAPPG Recommendations
Meetings reviewed; preliminary
contact with residents in
Colonial Hills and Fainwood
for neighborhood meetings
April 7, 2005 179 Discussion Update on two informal
neighborhood meetings held
iin March in Fainwood
Subdivision
May 11, 2005 179 Discussion Review of neighborhood
meetings & planning for
public forum
February 18,
2005
March 28,
2005
March 31,
2005
April 9, 2005
APPENDIX F
Citizen Input
Cedar Hills School Cafeteria - 4`h
Ward Meeting
Fainwood Neighborhood Meeting
Fainwood Neighborhood Meeting
Capital Hills Neighborhood Meeting
April 15, 2005 Meeting with Committee for Planned
Community Growth
Annexation Discussion of 179
Corridor
Informal meeting with Briarwood Dr
neighbors at residence
Informal meeting with Kenwood Dr
neighbors at residence
Informal meeting with Lexington St
neighbors at residence
Mayor and Staff met with committee
to gather input about 179 Corridor
annexation
April 30, 2005
Neighborhood Meeting -Cedar Hills
Mayor, Council & Staff meet with
School
residents and property owners for
input about neighborhood needs
May 4, 2005
Neighborhood Meeting -Premier
Mayor, Council & Staff meet with
Bank Annex
residents and property owners for
input about neighborhood needs
May 7, 2005
Neighborhood Meeting- Cedar Hills
Mayor, Council & Staff meet with
School
residents and property owners for
input about neighborhood needs
May 10, 2005
Neighborhood Meeting -Premier
Mayor, Council & Staff meet with
Bank Annex
residents and property owners for
input about neighborhood needs
May 23, 2005
Public Forum- Council Chambers
Mayor & Council gather input from
citizens about annexation of 179
Corridor
May 25, 2005
Meeting with Electric Cooperative,
Mayor & Staff meet with 3 Rivers to
Linn
discuss annexation of 179 Corridor
May 25, 2005
Meeting with property owners
Staff meets with Green & Sampson
to discuss annexation along 179
Corridor to include their tract
May 27, 2005 Meeting with Fire Protection District Mayor & Staff meet with Cole
County Volunteer Fire District to
discuss annexation of 179 Corridor
June 8, 2005 Meeting with property owners
July 13, 2005 Meeting with CAPPG
Staff meets with property owner to
discuss annexation & development
of property
Mayor meets with city/county
committee to present 179 annexation
area
Several other telephone conversations and one-on-one meetings with residents in area regarding
annexation of 179 Corridor.
r -n2 City oT Jarr�ls
2004-2005 Budget
The Adopted Budget for fiscal year 2005
increases the growth in expenditures over
the growth in operating revenue by
SI,843,859 for the net cost of the vehicle
and equipment replacement plans due to the
City's healthy fund balance.
Property tax rates are 73.73 cents per 5100
assessed value (9.1 cents below our
authorized rate of S.8283). Tax rate
remains rhe same as last fiscal year.
City Organization
Form: City Charier adopted in 1986
Mawr.
Fiscal Year:
John Landwehr (573-634-6303)
Expenditures by
elected for four years in 2003
2005
Council:
Revenue by Source (S.000-5):
Ten members from five districts.
One from each
district elected annually for a two
year tens.
Meetings on 1st and 3rd Mondays monthly
(televised on Ch.3)
Fees/Chgs.
City Administrator
10,081
Rich Mays (573-634-6306)
Franchises
appointed by Mayor with Council
consent
Major Departments:
area coda 579
Fire (non -emergency)
634-fi401
Police (non -emergency)
634-6334
L2w
634-8313
Municipal Court
634-6317
Human Resources
634-6309
Finance, taxes, licensing
634-6320
Communitv Development:
634£521
Planning
634-6424
Code Enforcement
6346430
Public Works
634-6453
Airport
634-6469
Parkma
634-6473
Transit
634-W(g
Wastewater
634-6443
Parks & Recreation
634-6490
Appendix G
5UDGE T -1,1- K!EF
2004-2005 Total Budget
20(14
Fiscal Year:
November l to October 31
Expenditures by
2000
2005
hanne
Revenue by Source (S.000-5):
11,555
12,325
Sales tax
13,442
14,005
4.2%
Fees/Chgs.
9,725
10,081
3.7%
Franchises
4,604
4,847
5.3%
Property tax
4,847
5,092
5.1%
Intergov mmn
4,018
4,780
3,526
ental
Planning &
$22,863
$985
Transfers
1,692
2,005
18.5%
Other
5,021
5,235
4.3%
Total
$43,349
$46,045
6.2%
Expenditures by Type S .0011'5 :
10.7%
Personnel
21,878
22,853
4.5%
Capital
21,771
17,979
-17.4%
Services
3,589
3,960
10.3%
Debt Service
2,924
2,937
28.5%
MaintlRepair
1,762
2,140
21.5%
Materials
1,581
1,657
4.8%
Other
4,238
4,348
26%
Total
57,743
55,884
-62%
2004-2005 General Fund Budget
20(14
2005
%oftotel
Expenditures by
Function:
change
Tot full time
Police/Fire
11,555
12,325
221%
Wastewater
10,110
14,549
26.0%
Capital Proj
14,901
3,890
7.0%
Pub.Worksl
1
Total
Council
and Parking
4,941
4,603
8.2%
Parks & Ree
3,713
3,526
6.5%
Planning &
$22,863
$985
Avg. Cost$
Transp
2,947
4,978
8.9%
Other
9.576
11,913
21.3%
Total
57,743
55,884
100.0%
2004-2005 General Fund Budget
Staffing
20115
Employees
2004
21105
change
Tot full time
387
394
7
Total FTE
445.6
447.6
2
Elected:
3,322
5.1%
Other
Mayor
1
1
Total
Council
10
10
Major expenditures by Type:
Court
2
2
16,196
Cost (.&O0o's)
$21,878
$22,863
$985
Avg. Cost$
$49,098
$51,079
$1,981
2004-2005 General Fund Budget
End balance
asa%of
Expenditure 19.5% 10.1%
Employees by Function
Number of Full Time Employees
20 .7% rn w
� asu m
LI
Police Fire
Com Dev Parks
Gent Govt
2004
20115
change
Revenue fall funds in S thousand.):
Sales tax
9,262
9,617
3.8%
Franchises
4,604
4,847
5.3%
Property tax
3,160
3,322
5.1%
Other
5,812
6,911
18.9%
Total
22,838
24,697
8.1%
Major expenditures by Type:
%of tool
Personnel
16,196
16,958
63.9%
Services
1,881
2,262
8.5%
Transfers
1,562
1,506
6.1%
Maint/Repair
939
1,266
4.8%
Capital
1,126
2,833
10.7%
Other
1.576
1,616
6.1%
Total
23,280
26,541
100.0%
Majorexpend. by
Function:
%Qftntal
Police
7,334
7,561
28.5%
Fire
4,206
4,749
17.9%
Streets
2,498
2,239
8.4%
Gent. GovL
1,993
2,248
8.5%
Transf/Other
7.249
9.744
36.7%
Total
23,280
26,541
100.0%
Fund Balances (S.000's):
cMntie
Beginning
5,486
5,044
-8A%
Net Increase
(Decrease)
(442)
(1,844)
Ending
$5,044
$3,200
-36.6%
Less
Reserves
(509)
(509)
End Balance
$4,535
$2,691
End balance
asa%of
Expenditure 19.5% 10.1%
Employees by Function
Number of Full Time Employees
20 .7% rn w
� asu m
LI
Police Fire
Com Dev Parks
Gent Govt
Appendix H
Travel Distances and Times from
Fire Stations 3, 4, and 5 to various locations
Distance Time
Station 3
From 179 and MO Blvd
2.3 miles 6 1/2 minutes
179 and Ed ewood
2.9 miles 7 minutes
Station 4
179 and Hwy 54
2 miles 5 minutes
179 and Rt C
2.4 miles 4 1/2 minutes
- by way of Hwy 54
2.9 miles 6 minutes
179 and St. Ma 's Propeq
3.2 miles 5 minutes
Station 5
179 and Ed ewood
12.4 miles 4 1/2 minutes
179 and MO Blvd
13 miles 5 minutes
179 and Frog Hollow Rd
12.8 miles 5 minutes
179 and St. Ma 's Property
3.7 miles 6 minutes
* All times were by driving
a non -emergency car without lights with traffic
* Times taken between 1145 and 1220 on Tuesday, February 1, 2005 *
Appendix I
FIRE DEPARTMENT SURVEY
CITY
POPULATION
CERTIFIED
RATIO
Jefferson City, MO
39,636
75
528 to 1
Columbia, MO
90,066
110
818 to 1
Cape Girardeau, MO
35,833
57
628 to 1
Joplin, MO
45,000
70
642 to 1
Springfield, MO
151,010
207
729 to 1
St. Joseph, MO
73,990
131
564 to 1
University City, MO
38,000
45
844 to 1
Grandview, MO
27,000
37
729 to 1
Ames, IA
50,731
52
975 to 1
Manhattan, KS
43,794
57
768 to 1
Highway 179 Annexation Area
Proposed Zoning
0 City of Jeffersono
Appendix J
)posed Zoning
C-2
RA -1
RS -1
RU
RC
ROW
Private Road
Public Road
N
40s
0 250 500 1,000
mmm7--nmmmmm= Feet
Appendix K
I Land Use
Bicultural
mmercial
creational - Greenway
sidential - Multi Family
sidential - Single Family
;ant
;ant - Future Commercial
:ant - Future Residential
IW
✓ate Road
)lic Road
Highway 179 Annexation Area N
Existing Land Use
Ae
City of Jefferson 0 250 500 1,000 Feet
cty of ,
of person i� �r QDEVEMemorandum
320 East McCarty street • Jefferson City, Missouri 65101 • P: 573.634.6410 . F: 573.634.6562 • www.jeffcitymo.org/cd
Date: October 12, 2005
To: Nathan Nickolaus, City Counselor
Phyllis Powell, City Clerk
From: Eric Seaman, WWD (634-6443)
Subject: Substitute Bill 2005-94///
This is the substitute bill from Gilmore & Bell.
116 -
Phyllis and I questioned the $5.18M figure on page one, but it represents the principal for the
refinance next Monday rather than at the time of the closing as hard as that is to believe.
Per Chris Ahrens at Gilmore & Bell, everything in Section B to the back is executed in the first
week of November.
The bond number is 2005B, since this is the City's second issuance of the year (not C as I had
indicated earlier).
If you have any ordinance questions, I've been talking to Chris Ahrens (816) 218-7530 and
Erin Smykay 816.218.7562. at Gilmore & Bell.
"building a better community"
C:\Documents and Settings\eseaman\My Documents\2005 bonds\Fall 2005 loan closing memo.doc
SUBSTITUTE
BILL NO. 2005-94
Sponsored by Councilman Kevin Brown
XMI I► : ► •
OF THE
CITY OF JEFFERSON, MISSOURI
PASSED OCTOBER 17, 2005
AUTHORIZING:
SEWERAGE SYSTEM REFUNDING AND
IMPROVEMENT REVENUE BONDS
(STATE REVOLVING FUND PROGRAM)
SERIES 2005B
Gilmore & Bell, P.C.
K 100323.37/Jefferson Ordinance
Section 101
Section 201.
Section 202.
Section 203.
Section 204.
Section 205.
Section 206.
Section 207.
Section 208.
Section 209.
Section 210.
Section 211.
Title...................................................................
Recitals..............................................................
ARTICLE I
DEFINITIONS
Definitions of Words and Terms ........................
ARTICLE H
AUTHORIZATION OF BONDS
PAGE
............................................. 1
............................................. 1
............................................. 3
Authorizationof Bonds.................................................................................................... 6
Securityfor Bonds........................................................................................................... 7
Descriptionof Bonds....................................................................................................... 7
Designation of Paying Agent........................................................................................... 7
Method and Place of Payment of Bonds.......................................................................... 7
Registration, Transfer and Exchange of Bonds................................................................ 7
Execution, Authentication and Delivery of Bonds........................................................... 8
Mutilated, Destroyed, Lost and Stolen Bonds.................................................................. 8
Cancellation and Destruction of Bonds Upon Payment ................................................... 9
Sale and Terms of the Bonds; Authorization and Execution of
Documents................................................................................................................... 9
Administrative Fee and Other Fees; Revolving Fund Loan ............................................. 9
ARTICLE IH
REDEMPTION OF BONDS
Section 301.
Mandatory Sinking Fund Redemption.............................................................................
9
Section 302.
Optional Redemption.....................................................................................................
10
Section 303.
Identification of Redeemed Bonds.................................................................................
10
Section 304.
No Notice of Mandatory Redemption............................................................................
10
ARTICLE IV
RATIFICATION OF FUNDS AND ACCOUNTS
Section 401. Ratification of Funds and Accounts............................................................................... 10
Section 402. Administration of Funds and Accounts.......................................................................... 10
(i)
Section 403. Acknowledgment of Accounts.......................................................................................11
ARTICLE V
APPLICATION OF BOND PROCEEDS
Section 501. Disposition of Bond Proceeds........................................................................................ 11
Section 502. Assignment and Application of Moneys in the Construction Account .......................... 11
Section 503. Application of Moneys by Refunded Bonds Paying Agent ........................................... 12
Section 504. Purchase and Cancellation of Refunded Bonds............................................................. 12
ARTICLE VI
APPLICATION OF REVENUES
Section601.
Revenue Fund................................................................................................................
12
Section 602.
Application of Moneys in Funds and Accounts.............................................................
12
Section 603.
Deficiency of Payments into Funds and Accounts.........................................................
14
Section 604.
Transfer of Funds to Paying Agent................................................................................
15
Section 701
Section 801.
Section 802.
Section 803.
Section 804.
Section 805.
Section 806.
Section 807.
ARTICLE VII
DEPOSIT AND INVESTMENT OF MONEYS
Investment of Moneys ........................
ARTICLE VIII
PARTICULAR COVENANTS OF THE CITY
Efficient and Economical Operation..........
Rate Covenant ............................................
Reasonable Charges for all Services..........
AnnualBudget ...........................................
AnnualAudit ..............................................
Performance of Duties ...............................
Tax Covenants ............................................
ARTICLE IX
ADDITIONAL BONDS
15
Section901.
Prior Lien Bonds............................................................................................................
17
Section 902.
Parity Lien Bonds or Obligations...................................................................................
17
Section903.
Junior Lien Bonds..........................................................................................................
18
Section904.
Refunding Bonds............................................................................................................
18
ARTICLE X
DEFAULT AND REMEDIES
Section1001. Event of Default............................................................................................................. 18
Section1002.
Remedies........................................................................................................................
19
Section 1003.
Limitation on Rights of Owners.....................................................................................
19
Section 1004.
Remedies Cumulative....................................................................................................
19
Section 1005.
No Obligation to Levy Taxes.........................................................................................
19
I:\ � I 1611L
DEFEASANCE
Section1101. Defeasance..................................................................................................................... 19
ARTICLE XII
AMENDMENTS
Section1201. Amendments..................................................................................................................20
ARTICLE XIII
MISCELLANEOUS PROVISIONS
Section1301. Further Authority............................................................................................................20
Section1302. Severability....................................................................................................................21
Section1303. Governing Law..............................................................................................................
21
Section1304. Effective Date.................................................................................................................
21
Passage...........................................................................................................................
21
Approval.........................................................................................................................
21
Exhibit A— Terms of Bonds
Exhibit B — Form of Bond
Exhibit C — Certificate of Final Terms
Exhibit D — Form of Closing Certificate
BILL NO. 2005- 94
AN ORDINANCE AUTHORIZING THE ISSUANCE OF SEWERAGE
SYSTEM REFUNDING AND IMPROVEMENT REVENUE BONDS (STATE
REVOLVING FUND PROGRAM) SERIES 2005B OF THE CITY OF
JEFFERSON, MISSOURI, FOR THE PURPOSE OF EXTENDING AND
IMPROVING THE CITY'S SEWERAGE SYSTEM AND REFUNDING A
PRIOR ISSUE OF BONDS OF THE CITY; PRESCRIBING THE FORM AND
DETAILS OF THE BONDS AND THE AGREEMENTS MADE BY THE CITY
TO FACILITATE AND PROTECT THEIR PAYMENT, AND AUTHORIZING A
NO—INTEREST LOAN FROM THE WATER AND WASTEWATER LOAN
FUND AND/OR THE WTAER AND WASTEWATER LOAN REVOLVING
FUND OF THE STATE OF MISSOURI AND PRESCRIBING OTHER
RELATED MATTERS.
WHEREAS, the City of Jefferson, Missouri (the "City") is a constitutional charter city and
political subdivision of the State of Missouri, organized and existing under the constitution and laws of
the State of Missouri; and
WHEREAS, the City now owns and operates a revenue producing sewerage system serving the
City, its inhabitants and others within its service area, including connected and related appurtenances and
facilities and extensions, improvements, additions and enlargements made or acquired by the City after
the date of this Ordinance (the "System"); and
WHEREAS, by Ordinance No. 13474 adopted on November 18, 2002 (the "Refunded Bond
Ordinance"), the City has issued its Sewerage System Revenue Bonds, Series 2002 (the "Refunded
Bonds"), dated November 1, 2002, in the original principal amount of $5,555,000, of which $5,180,000
remains outstanding as of the date of adoption of this Ordinance, payable out of the Revenues derived
from the operation of the System; and
WHEREAS, the City desires to refund the Refunded Bonds and is authorized under the provisions
of Section 108.140(2) of the Revised Statutes of Missouri (the "Refunding Law"), to issue and sell
refunding revenue bonds for the purpose of refunding, in whole or in part, its outstanding revenue bonds,
which refunding revenue bonds may be payable from the same sources as were pledged to the payment of
the Refunded Bonds; and
WHEREAS, the City desires to make extensions and improvements to the System to be financed
in whole or in part and to refund the Refunded Bonds in whole by the issuance, pursuant to this
Ordinance, of its Sewerage System Refunding and Improvement Revenue Bonds (State Revolving Fund
Program) Series 2005B (the "Bonds"); and
WHEREAS, to provide the most cost effective financing of the extensions and improvements to
the System the City desires to participate in the Missouri Leveraged State Water Pollution Control
Revolving Fund Program (the "SRF Program") of the Missouri Department of Natural Resources
("DNR") and the State Environmental Improvement and Energy Resources Authority (the "Authority");
and
WHEREAS, under the provisions of Chapter 250 of the Revised Statutes of Missouri (the "Act")
the City is authorized to issue and sell revenue bonds for the purpose of paying all or part of the cost of
extending and improving the System, with the cost of operation and maintenance of the System and the
principal of and interest on revenue bonds payable solely from the Net Revenues (as defined below); and
WHEREAS, pursuant to the Act, a special bond election was duly held in the City on November 7,
2000 on the following question:
QUESTION
Shall the City of Jefferson, Missouri, issue its sewerage system revenue bonds in
the amount of $52,000,000 for the purpose of improving and extending the City's sewerage
system, the cost of operation and maintenance of said sewerage system and the principal of
and interest on said revenue bonds to be payable solely from the revenues derived by the
City from the operation of its sewerage system, including all future improvements and
extensions thereto?
and it was found and determined that more than a simple majority of the qualified electors of the City voting
on the question had voted in favor of the question, the vote having been 14,406 votes for the question and
2,687 votes against the question; and
WHEREAS, the City Council (the "Governing Body") of the City has caused plans and
specifications for extensions and improvements to the System and a cost estimate to be made by the
Consulting Engineer (as defined below); and
WHEREAS, the plans and specifications and the cost estimate are accepted and approved and are
on file in the office of the City Clerk, the amount of the estimated cost being not less than the maximum
Original Principal Amount (as defined below) set forth in Exhibit A; and
WHEREAS, $24,798,250 principal amount of the bonds so authorized have been issued (the
Refunded Bonds and the bonds further described below) and the City finds and determines that it is
necessary and advisable and in the best interest of the City and of its inhabitants to issue the Bonds in the
Original Principal Amount; and
WHEREAS, by Ordinance No. 13295 adopted on October 31, 2001 (the "Series 2001B Bond
Ordinance"), the City has issued its Sewerage System Refunding and Improvement Revenue Bonds (State
Revolving Fund Program) Series 2001E (the "Series 2001B Bonds"), dated November 1, 2001, in the
original principal amount of $24,875,000, of which $22,445,000 remains outstanding as of the date of
adoption of this Ordinance; and
WHEREAS, by Ordinance No. 13878 adopted on May 4, 2005 (the "Series 2005A Bond
Ordinance", the Series 2001B Bond Ordinance and the Series 2005A Bond Ordinance collectively
referred to herein as the "Outstanding Panty Bond Ordinance"), the City has issued its Sewerage System
Revenue Bonds (State Revolving Fund Program) Series 2005A (the "Series 2005A Bonds", the Series
2001B Bonds and the Series 2005A Bonds collectively referred to herein as the "Outstanding Party
Bonds"), in the original principal amount of $4,600,000, of which $4,600,000 remains outstanding as of
the date of adoption of this Ordinance;
WHEREAS, the City, upon the issuance of the Bonds, will not have outstanding any other bonds
or other obligations payable from the Net Revenues other than the Outstanding Panty Bonds and the
Bonds; and
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WHEREAS, under the provisions of the Outstanding Parity Bond Ordinance, the City may issue
additional bonds payable out of the Net Revenues that are on a parity with the Outstanding Parity Bonds,
only if certain conditions are ink and` -
WHEREAS, it is hereby found and determined that it is necessary and advisable and in the best
interest of the City and its inhabitants that revenue bonds be issued and secured in the form and manner
provided in this Ordinance and be sold to the Authority under the SRF Program, subject to the conditions
of the Outstanding Parity Bond Ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
JEFFERSON, MISSOURI, AS FOLLOWS:
ARTICLE I
DEFINITIONS
Section 101. Definitions of Words and Terms. Capitalized words and terms not otherwise
defined in this Ordinance have the meanings set forth in the Purchase Agreement (as defined below). In
addition to the foregoing and words and terms defined in the Recitals and elsewhere in this Ordinance,
capitalized words and terms have the following meanings in this Ordinance:
"Administrative Fee" means the fee payable to DNR equal to 0.714% of the outstanding principal
amount of the Revolving Fund Loan on each Administrative Fee Calculation Date.
"Administrative Fee Calculation Date" means the Business Day preceding each July 1,
commencing on the first July 1 on which the principal of the Bonds is payable.
"Authority Bonds" means the Water Pollution Control and Drinking Water Revenue Bonds (State
Revolving Funds Programs) Series 2005C of the Authority.
"Authority Program Bonds" means the Authority Bonds and any other bonds of the Authority
issued under the SRF Program, all or a portion of the proceeds of which are loaned to the City pursuant to
the SRF Program.
"Authorized Representative" means the representative of the City designated by the City in
accordance with the Regulations.
"Bond Register" means the books for the registration, transfer and exchange of Bonds kept at the
office of the Paying Agent.
"Certificate of Final Terms" means Exhibit C, executed and delivered by the Mayor pursuant to
Section 210 and attached to this Ordinance as of the date of issuance of the Bonds.
"Closing Certificate" means the City's closing certificate executed and delivered by the Mayor on
the date of issuance of the Bonds, in substantially the form attached as Exhibit D.
"Consultant" means the Consulting Engineer, an independent certified public accountant or a fain
of independent certified public accountants.
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"Consulting Engineer" means each independent engineer or engineering firm with experience in
designing and constructing wastewater treatment, sanitary sewerage or water pollution control facilities
and retained by the City.
"Current Expenses" means all reasonable and necessary expenses of ownership, operation,
maintenance and repair of the System and keeping the System in good repair and working order,
determined in accordance with generally accepted accounting principles, including current maintenance
charges, expenses of reasonable upkeep and repairs, salaries, wages, costs of materials and supplies,
Paying Agent fees and expenses, annual audits, periodic Consultant's reports, properly allocated share of
charges for insurance, the cost of purchased water, gas and power, obligations (other than for borrowed
money or for rents payable under capital leases) incurred in the ordinary course of business, liabilities
incurred by endorsement for collection or deposit of checks or drafts received in the ordinary course of
business, short—term obligations incurred and payable within a particular Fiscal Year, obligations incurred
for the purpose of leasing (pursuant to a true or operating lease) equipment, fixtures, inventory or other
personal property, and all other expenses incident to the ownership and operation of the System, but
excluding interest paid on System Revenue Bonds, depreciation and amortization charges (including
payments into the Depreciation and Replacement Account), and all general administrative expenses of the
City not related to the operation of the System.
"Defeasance Securities" means:
(a) Federal Securities;
(b) obligations of the Resolution Funding Corporation or any successor, but only if
the use of the obligations to pay and discharge Bonds pursuant to Article XI will cause the
discharged Bonds to be rated in the highest long—term rating category by the Rating Agency; or
(c) obligations of any state of the United States of America or of any agency,
instrumentality or local governmental unit of any state that:
(i) are not callable at the option of the obligor prior to maturity or for which
irrevocable instructions have been given by the obligor to call on the date specified in the
instructions, and
(ii) are fully secured as to principal, redemption premium and interest by a
fund, consisting of cash or Federal Securities, that:
(A) may be applied only to the payment of principal, redemption
premium and interest on the obligations, and
(B) is sufficient, as verified by a nationally recognized independent
certified public accountant, to pay the principal, redemption premium and interest
on the obligations.
"Depreciation and Replacement Account" means the fund or account created or ratified and
confirmed by Section 401.
"Federal Securities" means any direct obligation of, or obligation the timely payment of the
principal of and interest on which is unconditionally guaranteed by, the United States of America and
backed by its full faith and credit.
0
"Interest Payment Date" means each January 1 and July 1, commencing July 1, 2006.
"Net Revenues" means Revenues less Current Expenses.
"Net Revenues Available for Debt Service" means, for the period of determination, Revenues less
Current Expenses.
"Operation and Maintenance Account" means the fund or account created or ratified and
confirmed by Section 401.
"Ordinance" means this Ordinance as from time to time amended in accordance with its terms.
"Original Principal Amount" means the principal amount of Bonds originally issued and
delivered pursuant to this Ordinance, in the amount specified in the Certificate of Final Terms, subject to
Exhibit A.
"Outstanding" means, as of the date of determination, all Bonds issued and delivered under this
Ordinance, except:
(1) Bonds cancelled by the Paying Agent or delivered to the Paying Agent for
cancellation;
(2) Bonds for the payment of the principal or redemption price of and interest on
which money or Defeasance Securities are held under Section 1101,-
(3)
101;
(3) Bonds in exchange for which, or in lieu of which, other Bonds have been
registered and delivered pursuant to this Ordinance; and
(4) Bonds allegedly mutilated, destroyed, lost, or stolen and paid under Section 208.
"Owner" means the Authority and its assigns.
"Parity Bonds" means the Outstanding Panty Bonds and any panty bonds issued under Section
902 and Section 904 payable from the Net Revenues on a panty basis with the Bonds.
"Panty Ordinances" means the Outstanding Panty Bond Ordinance and the ordinances under
which any other Parity Bonds are issued.
"Purchase Agreement" means the Purchase Agreement dated as of November 1, 2005, by and
among the City, the Authority and DNR.
"Record Date" means the 15th day (whether or not a Business Day) of the calendar month next
preceding the applicable Interest Payment Date.
"Refunded Bonds Paying Agent" means U.S. Bank National Association, St. Louis, Missouri, as
paying agent for the Refunded Bonds.
"Revenue Fund" means the fund or account created or ratified and confirmed by Section 401.
"Revenues" means all income and revenues derived by the City from the System, determined in
accordance with generally accepted accounting principles, including investment and rental income, net
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proceeds from business interruption insurance, sales tax revenues which have been annually appropriated
by the City or which are limited solely to the payment of improvements to or expenses of the System and
any amounts deposited in escrow in connection with the acquisition, construction, remodeling, renovation
and equipping of facilities to be applied during the period of determination to pay interest on System
Revenue Bonds, but excluding any profits or losses on developer -financed System assets contributed to the
City, the early extinguishment of debt or the sale or other disposition of investments or fixed or capital
assets not in the ordinary course of business.
"Revolving Fund Agreement" means the Revolving Fund Agreement dated as of November 1,
2005, by and among the City, the Authority and DNR.
"Revolving Fund Loan" means the no—interest loan to the City by DNR from The Water and
Wastewater Loan Fund and/or The Water and Wastewater Loan Revolving Fund under the Revolving
Fund Agreement.
"SRF Program Bonds" means the Bonds and any other System Revenue Bonds issued in
connection with the City's participation in the SRF Program.
"SRF Subsidy" means the amount of investment earnings which will accrue on the Reserve
Account during each Fiscal Year (taking into account scheduled transfers from the Reserve Account
which will occur upon the payment of principal on the Authority Program Bonds and assuming that the
construction for the applicable project has been completed), if the Reserve Security is equal to the Reserve
Percentage of the principal amount of the SRF Program Bonds outstanding, the Reserve Account is
invested in an investment agreement at a fixed interest rate during the calculation period and earnings are
reduced by the Administrative Fee payable to DNR. Administrative Fee, Reserve Account, Reserve
Percentage and Reserve Security as used in this definition have the respective meanings set forth in the
bond indentures for the applicable Authority Program Bonds.
"State" means the State of Missouri.
"Surplus Account" means the fund or account created or ratified and confirmed by Section 401.
"System Revenue Bonds" means collectively the Bonds, the Parity Bonds and all other revenue
bonds which are payable from the Net Revenues.
"Term Bond" means each Bond, if any, designated as a Term Bond in the Certificate of Final
"Trustee" means the trustee acting at any time as Trustee under the Indenture.
"User Charge Ordinance" means Ordinance No. 13155 of the City passed on January 2, 2001, as
amended, supplemented or replaced and approved by DNR.
ARTICLE 11
AUTHORIZATION OF BONDS
Section 201. Authorization of Bonds. The Bonds are authorized and directed to be issued in
the Original Principal Amount for the purposes of this Ordinance.
1.1
Section 202. Security for Bonds.
(a) The Bonds are special, limited obligations of the City payable solely from, and secured
by a pledge of, the Net Revenues. The taxing power of the City is not pledged to the payment of the
Bonds. The Bonds do not constitute a general obligation of the City or an indebtedness of the City within
the meaning of any constitutional, statutory or charter provision, limitation or restriction.
(b) The Bonds are issued on a parity with the Outstanding Parity Bonds.
Section 203. Description of Bonds. The Bonds consist of fully registered bonds without
coupons, numbered from R-1 consecutively upward, in the denomination of $5,000 or any integral
multiple of $5,000. The Bonds will be issued in substantially the form of Exhibit B and will be
registered, transferred and exchanged as provided in Section 206. The Bonds are dated the Dated Date as
set forth on the Bonds. The Bonds will become due on the dates and in the principal amounts and will
bear interest at the rates as set forth in the Certificate of Final Terms. Interest is computed on the basis of
a 360—day year of twelve 30—day months from the Dated Date or from the most recent Interest Payment
Date to which interest has been paid or provided for and is payable on each Interest Payment Date.
Section 204. Designation of Paying Agent. The Trustee is designated as the City's paying
agent for the payment of the Bonds and bond registrar for the registration, transfer and exchange of Bonds
(the "Paying Agent"). The Paying Agent will not be paid any additional fees for its services under this
Ordinance.
Section 205. Method and Place of Payment of Bonds.
(a) Payment of the Bonds will be made with any coin or currency that is legal tender for the
payment of debts due the United States of America on the payment date.
(b) Each payment of principal of and redemption premium, if any, payable on each Bond will
be made at maturity or upon earlier redemption to the Owner shown in the Bond Register at the maturity
or optional redemption date of each Bond, upon presentation and surrender of the Bond at the principal
office of the Paying Agent. The payment of interest payable on each Bond on any Interest Payment Date
will be made by check or draft mailed by the Paying Agent to the address of the Owner shown in the
Bond Register. The principal of and redemption premium, if any, and interest on the Bonds is payable by
electronic transfer in immediately available federal funds to a bank in the continental United States of
America pursuant to instructions from any Owner received by the Paying Agent prior to the Record Date.
(c) The Paying Agent will keep a record of payment of principal of, redemption premium, if
any, and interest on all Bonds and, at least annually at the request of the City, will forward a copy or
summary of the record of payments to the City.
Section 206. Registration Transfer and Exchange of Bonds.
(a) The City will cause the Paying Agent to keep the Bond Register. Each Bond when issued
will be registered in the name of the Owner on the Bond Register. Bonds will be transferred and
exchanged only upon the Bond Register.
(b) Upon surrender of any Bond at the principal office of the Paying Agent, the Paying Agent
will transfer or exchange the Bond for a new Bond or Bonds in any authorized denomination of the same
maturity and in the same aggregate principal amount as the Bond which was presented for transfer or
exchange. All Bonds presented for transfer or exchange must be accompanied by a written instrument of
-7-
transfer or authorization for exchange, in a form and with guarantee of signature satisfactory to the Paying
Agent, duly executed by the Owner or by the Owner's authorized agent. All Bonds presented for transfer
or exchange must be surrendered to the Paying Agent for cancellation.
(c) For every exchange or transfer of Bonds the City or the Paying Agent may levy a charge
sufficient to reimburse it for any tax, fee or other governmental charge required to be paid for the
exchange or transfer. The charge must be paid by the person requesting the exchange or transfer.
Payment of the charge is a condition precedent to the exchange or transfer.
(d) The City and the Paying Agent will treat the person in whose name any Bond is
registered as the absolute owner of the Bond, whether or not payment of the Bond is overdue, for the
purpose of receiving payment of the principal of, redemption premium, if any, and interest on the Bond
and for all other purposes. All payments made to any Owner or upon the Owner's order will be valid and
effectual to satisfy and discharge the City's liability for payment of the Bond to the extent of the sum or
sums paid. Neither the City nor the Paying Agent will be affected by any notice to the contrary.
(e) At reasonable times and under reasonable rules established by the Paying Agent, the
Owners of 25% or more in principal amount of the Outstanding Bonds, or their representative designated
in a manner satisfactory to the Paying Agent, may inspect and copy the Bond Register.
Section 207. Execution. Authentication and Delivery of Bonds.
(a) Each Bond must be signed by the manual or facsimile signature of the Mayor and attested
by the manual or facsimile signature of the City Clerk, and have the official seal of the City affixed or
imprinted. If any officer whose manual or facsimile signature appears on any Bond ceases to be an
officer before the delivery of any Bond signed by the officer, the manual or facsimile signature on the
Bond will be valid and sufficient for all purposes of this Ordinance.
(b) The Mayor and the City Clerk are directed to prepare and execute the Bonds as specified
in this Article, and when executed, to deliver the Bonds to the Paying Agent for authentication. Upon
authentication, the Paying Agent will deliver the Bonds to the Owner, upon payment of the purchase price
for the Bonds.
(c) Each Bond will be authenticated by any authorized officer or employee of the Paying
Agent. No Bond is entitled to any security or benefit under this Ordinance or is valid or obligatory for
any purpose until authenticated by the Paying Agent.
Section 208. Mutilated, Destroyed, Lost and Stolen Bonds.
(a) If (i) any mutilated Bond is surrendered to the Paying Agent, or the City and the Paying
Agent receive evidence to their satisfaction of the mutilation, destruction, loss or theft of any Bond, and
(ii) there is delivered to the City and the Paying Agent security or indemnity as required by them, in the
absence of notice to the City or the Paying Agent that the Bond has been acquired by a bona fide
purchaser, the City will execute and the Paying Agent will register and deliver, in exchange for or in lieu
of any mutilated, destroyed, lost or stolen Bond, a new Bond of the same maturity and of like tenor and
principal amount. If the Bond has become or is about to become due, the City may pay the Bond instead
of issuing a new Bond.
(b) Upon the issuance of any new Bond under this Section, the City may require the payment
by the Owner of a sum sufficient to cover any tax or other governmental charge imposed and any other
expenses (including the fees and expenses of the Paying Agent) connected with the issuance of the Bond.
(c) Every new Bond issued pursuant to this Section in lieu of any mutilated, destroyed, lost
or stolen Bond will constitute a replacement of the prior obligation of the City, whether or not the
mutilated, destroyed, lost or stolen Bond is enforceable by anyone at any time, and will be entitled to all
the benefits of this Ordinance equally and ratably with all other Outstanding Bonds.
Section 209. Cancellation and Destruction of Bonds Upon Payment. All Bonds which have
been paid or redeemed or which have otherwise been surrendered to the Paying Agent, either at or before
maturity, will be cancelled immediately upon the payment or redemption and the Paying Agent's receipt
of the Bonds. The Paying Agent will periodically destroy cancelled Bonds. The Paying Agent will
execute a certificate in duplicate describing the destroyed Bonds and file an executed counterpart of the
certificate with the City.
Section 210. Sale and Terms of the Bonds: Authorization and Execution of Documents. The
Bonds will be sold to the Owner under the terms of the Purchase Agreement. The City is authorized to
enter into the Purchase Agreement and the Revolving Fund Agreement, in substantially the forms
presented to the Governing Body. The Mayor is authorized to execute the Purchase Agreement and the
Revolving Fund Agreement for and on behalf of and as the act and deed of the City, with changes approved
by the Mayor, which approval will be conclusively evidenced by the Mayor's execution of the Purchase
Agreement and the Revolving Fund Agreement. The Mayor is further authorized and directed to approve
the purchase price for the Bonds, the principal amounts by maturity, the interest rates and the other final
terms of the Bonds, including applicable redemption provisions, subject to the limitations set forth in
Exhibit A and in that connection, to execute and deliver the Certificate of Final Terms for and on behalf of
and as the act and deed of the City, which approval will be conclusively evidenced by the Mayor's
execution of the Certificate of Final Terms. Upon execution, the Certificate of Final Terms will be attached
to this Ordinance as Exhibit C. The Mayor is further authorized and directed to execute the Closing
Certificate and other documents, certificates and instruments that are necessary or desirable to carry out the
intent of this Ordinance. The City Clerk is authorized and directed to attest the execution of the Purchase
Agreement, the Revolving Fund Agreement, the Certificate of Final Terms and any other documents,
certificates and instruments that are necessary or desirable t0 carry out the intent of this Ordinance.
Section 211. Administrative Fee and Other Fees: Revolving Fund Loan.
(a) Subject to Section 202, the City will pay to the Trustee for deposit in the Administrative
Expense Fund, within 30 days after receipt of a statement from the Trustee (i) the Administrative Fee, (ii)
the City's Allocable Portion of the Master Trustee's Disclosure Fee, and (iii) the City's Allocable Portion
of the Trustee's Fee.
(b) The City is authorized to receive the Revolving Fund Loan under the terms of the
Revolving Fund Agreement. By this Ordinance, the City assigns the proceeds of the Revolving Fund
Loan, as and when received, to the Authority.
ARTICLE III
REDEMPTION OF BONDS
Section 301. Mandatory Sinking Fund Redemption. The Term Bonds set forth in the
Certificate of Final Terms will be redeemed in part on the dates and in the principal amounts set forth in
the Certificate of Final Terms, at a redemption price equal to 100% of the principal amount redeemed plus
accrued interest to the redemption date.
M
Section 302. Optional Redemption. At the option of the City, certain Bonds may be called for
redemption and payment prior to maturity in whole or in part on the dates and at the redemption prices set
forth in the Certificate of Final Terms. Bonds will be optionally redeemed in part in integral multiples of
$5,000 from the maturities selected by the City with the prior written consent of the Owner. Upon
redemption, the sinking fund redemption amounts for each Term Bond will be proportionately reduced
(unless otherwise directed by the City with the prior written consent of the Owner), subject to rounding to
integral multiples of $5,000. The City will give written notice to the Trustee designating the amount of
each maturity redeemed and the reduction in each sinking fund redemption amount, subject to verification
by the Trustee. In exercising its option to redeem the Bonds, the City will deposit with the Paying Agent,
prior to the redemption date, an additional premium equal to 30 -days' interest on the Bonds to be
redeemed.
Section 303. Identification of Redeemed Bonds. The redemption of the Bonds in part will be
reflected in the records maintained by the Paying Agent.
Section 304. No Notice of Mandatory Redemption. No notice of the mandatory sinking fund
redemption of Bonds will be given.
ARTICLE N
RATIFICATION OF FUNDS AND ACCOUNTS
Section 401. Ratification of Funds and Accounts. The separate funds and accounts created in,
or ratified and confirmed by, the Outstanding Parity Bond Ordinance known respectively as the:
(1) Sewerage System Revenue Fund (the "Revenue Fund");
(2) Sewerage System Operation and Maintenance Account (the "Operation and Maintenance
Account");
(3) Interest Accounts, Principal Accounts and Debt Service Accounts under the Outstanding
Parity Bond Ordinance (collectively the "Outstanding Parity Bond Debt Service Account");
(4) Reserve Accounts under the Outstanding Parity Bond Ordinance (collectively the
"Outstanding Parity Bond Debt Service Reserve Account");
(5) Sewerage System Depreciation and Replacement Account (the "Depreciation and
Replacement Account"); and
(6) Sewerage System Surplus Account (the "Surplus Account");
are hereby ratified and confirmed.
Section 402. Administration of Funds and Accounts. The funds and accounts described in
clauses (1), (2), (5) and (6) of Section 401 will be maintained and administered by, or on behalf of, the
City under this Ordinance and the Outstanding Parity Bond Ordinance while any of the Bonds and the
Outstanding Parity Bonds are outstanding. The funds or accounts described in clauses (3) and (4) of
Section 401 will be maintained and administered by the City while the Outstanding Parity Bonds are
outstanding.
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Section 403. Acknowledgment of Accounts.
(a) The City acknowledges the creation of the following accounts for the City held by the
Trustee under the Indenture:
(1) Construction Account;
(2) Reserve Account;
(3) State Match Portion Debt Service Account;
(4) Leveraged Portion Debt Service Account;
(5) Principal Account; and
(6) Interest Account.
(b) The City further acknowledges that certain amounts will be transferred to the Costs of
Issuance Fund and the Administrative Expense Fund under the Indenture in satisfaction of certain City
obligations under this Ordinance, the Purchase Agreement and the Revolving Fund Agreement.
ARTICLE V
APPLICATION OF BOND PROCEEDS
Section 501. Disposition of Bond Proceeds.
(a) The proceeds received from the sale of the Bonds, including any premium and accrued
interest, will be deposited simultaneously with the delivery of the Bonds as set forth in the Closing
Certificate.
(b) On the issuance date of the Bonds the Trustee will disburse from the Construction
Account, from the proceeds of the Bonds, to the Refunded Bonds Paying Agent the amount set forth in the
Closing Certificate for application to the purchase and cancellation of the Refunded Bonds in whole.
Section 502. Assignment and Application of Moneys in the Construction Account.
(a) By this Ordinance, the City assigns the proceeds of the Bonds held in the Construction
Account to the Owner to secure the City's obligations under this Ordinance. Moneys in the Construction
Account will be disbursed to the City for the sole purpose of paying the cost of extending and improving
the System in accordance with the plans and specifications prepared by the Consulting Engineer,
previously approved by the Governing Body and DNR and on file in the office of the City Clerk,
including any alterations in or amendments to the plans and specifications approved by the Governing
Body and DNR with the advice of the Consulting Engineer.
(b) Requisitions will be submitted for withdrawals from the Construction Account in
accordance with Article III of the Purchase Agreement.
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Section 503. Application of Moneys by Refunded Bonds Paving Agent. Moneys received by
the Refunded Bonds Paying Agent will be applied solely to the payment of the principal of and redemption
premium, if any, and interest on the Refunded Bonds. These moneys deposited with the Refunded Bonds
Paying Agent will be held by the Refunded Bonds Paying Agent in accordance with the provisions of the
Refunded Bond Ordinance.
Section 504. Purchase and Cancellation of Refunded Bonds. The City has received written
notice from the owner of the Refunded Bonds pursuant to Section 302(c) of the Refunded Bonds Ordinance
of the mandatory tender of the Refunded Bonds in whole on the date of issuance of the Bonds. Upon
payment of the purchase price of the Refunded Bonds by the Refunded Bonds Paying Agent, the Refunded
Bonds will be cancelled. The Finance Director and other officers of the City and the Refunded Bonds
Paying Agent are authorized and directed to take any other actions necessary to effect the purchase,
payment and cancellation of the Refunded Bonds.
ARTICLE VI
APPLICATION OF REVENUES
Section 601. Revenue Fund. The City covenants and agrees that from and after the delivery of
the Bonds, all Revenues derived and collected by the City will be deposited into the Revenue Fund when
received. The Revenues will be segregated from all other moneys, revenues, funds and accounts of the
City. The Revenue Fund will be administered and applied solely for the purposes and in the manner
provided in this Ordinance and any Panty Ordinance.
Section 602. Application of Moneys in Funds and Accounts.
(a) The City will apply moneys in the Revenue Fund on the dates, in the amounts and in the
order as follows:
(1) on the first day of each month to the Operation and Maintenance Account an
amount sufficient to pay the estimated cost of operating and maintaining the System during the
month;
(2) on the 25th day of each month, on a panty basis (i) to the Outstanding Panty
Bond Debt Service Account the amount required under the Outstanding Panty Bond Ordinance
and (ii) the following amounts to the Trustee for credit to the Interest Account and the Principal
Account:
(A) on January 25, 2006 to and including June 25, 2006, to the Interest
Account 1/6 of the amount of interest on the Bonds due on July 1, 2006 less accrued
interest deposited to the Interest Account, if any; and on July 25, 2006 and thereafter 1/6
of the amount of interest due on the Bonds on the next Interest Payment Date, with these
monthly payments to be reduced as follows:
(1) the balance in the State Match Portion Debt Service Account and
the Leveraged Portion Debt Service Account on an Interest Payment Date after
the payment of the principal of and interest due on the Authority Bonds on the
Interest Payment Date will be credited against the next succeeding montlily
payment or payments; and
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(11) the projected investment earnings on the Construction Account
and the Reserve Account for the current Interest Period and actual investment
earnings for the prior Interest Period reduced by estimated earnings for the
preceding Interest Period that were previously credited, as set forth in the
Trustee's semiannual notice to the City, will be credited in equal installments
against the monthly payments due prior to the next Interest Payment Date; and
(B) on July 25, 2006 and each monthly payment date thereafter, to the
Principal Account 1/12 of the principal due on the Bonds on the next succeeding principal
payment date, whether at maturity or upon mandatory sinking fund redemption. If the
Initiation of Operation specified in the certificate delivered by the City under Section 3.5
of the Purchase Agreement is earlier than the expected Initiation of Operation on the
City's signature page to the Purchase Agreement, (i) the first monthly installment of
principal will be paid no later than the monthly payment date which is not more than 12
months after the Initiation of Operation, and (ii) on the monthly payment date which is
not more than 20 years after the Initiation of Operation, all remaining unpaid principal
installments will be paid;
(3) on the dates required by Section 211(a), to the Trustee, for deposit to the
Administrative Expense Fund, the amount required to pay the Administrative Fee, the City's
Allocable Portion of the Trustee's Fee and the City's Allocable Portion of the Master Trustee's
Disclosure Fee;
(4) on the first day of each month, to the Outstanding Parity Bond Debt Service
Reserve Account as required by the Outstanding Parity Bond Ordinance and, in the event the
Trustee has withdrawn moneys from the Reserve Account (other than investment earnings or the
amount transferred from the Reserve Account upon the payment of principal on the Bonds), to the
Reserve Account all available moneys until the Reserve Account has been replenished;
(5) on the first day of each month, to the Depreciation and Replacement Account, the
amount required by the User Charge Ordinance; and
(6) on the first day of each month the remaining balance to the Surplus Account.
(b) If the amount in the Revenue Fund is not sufficient to make the payments at the time
required to be made by the City to the Interest Account, the Principal Account and the Outstanding Parity
Bond Debt Service Account, the City will apply the remaining balance in the Revenue Fund on a
proportionate basis (based upon the outstanding principal amounts of the Bonds and the Outstanding
Parity Bonds) to the Principal Account, the Interest Account and the Outstanding Parity Bond Debt
Service Account.
(c) If the amount in the Revenue Fund is not sufficient to make the payments at the time
required to be made by the City to the Reserve Account and to the Outstanding Parity Bond Debt Service
Reserve Account, the City will divide the balance in the Revenue Fund between the Reserve Account and
the Outstanding Parity Bond Debt Service Reserve Account on a proportionate basis (based upon the
outstanding principal amounts of the Bonds and the Outstanding Parity Bonds).
(d) Except as provided in Section 603, moneys in the Depreciation and Replacement Account
will be used by the City for the purpose of making replacements and repairs to the System in order to
keep the System in good repair and working order and to assure the continued effective and efficient
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operation of the System. This provision will not be construed to modify any more restrictive provision of
the Outstanding Parity Bond Ordinance for the use of moneys in the Depreciation and Replacement
Account.
(e) Moneys in the Surplus Account are to be expended for the following purposes as
determined by the Governing Body:
(1) paying the cost of the operation, maintenance and repair of the System to the
extent necessary after the application of the moneys held in the Operation and Maintenance
Account and in the Depreciation and Replacement Account;
(2) paying the cost of extending, enlarging or improving the System;
(3) preventing default in, anticipating payments into or increasing the amounts in the
accounts confirmed or established in Section 401 the Principal Account, the Interest Account, the
Reserve Account or the Depreciation and Replacement Account, or establishing or increasing the
amount of any debt service account or debt service reserve account created by the City for the
payment of any System Revenue Bonds subsequently issued; or
(4) redeeming and paying prior to maturity, or, at the option of the City, purchasing
in the open market at the best price obtainable not exceeding the call price (if any bonds are
callable), the Bonds, the Outstanding Parity Bonds or any other System Revenue Bonds of the
City hereafter issued under the conditions hereinafter specified and standing on a parity with the
Bonds, including principal, redemption premium, if any, and interest.
(f) All amounts paid and credited to the Operation and Maintenance Account will be
expended solely for the purpose of paying the Current Expenses of the System.
(g) No moneys derived by the City from the System will be diverted to the general
governmental or municipal functions of the City.
(h) If the deposits to the Operation and Maintenance Account (the "OM Deposits") required
under this Section are greater than the OM Deposits required in the User Charge Ordinance, the OM
Deposits under the User Charge Ordinance will be deemed a credit toward OM Deposits required under
this Section. If the OM Deposits required under this Section are less than those required in the User
Charge Ordinance, OM Deposits under this Section will be deemed a credit to OM Deposits required
under the User Charge Ordinance.
Section 603. Deficiency of Payments into Funds and Accounts.
(a) If the Revenues are insufficient to make any payment on any date specified in this
Article, the City will make good the amount of the deficiency by making additional payments out of the
first available Revenues for application in the order specified in Section 602.
(b) If the moneys in the Outstanding Parity Bond Debt Service Account, the Outstanding
Parity Bond Debt Service Reserve Account, the Principal Account, the Interest Account or the Reserve
Account are not sufficient to pay the principal of and interest on the Outstanding Parity Bonds and the
Bonds as and when the same become due, the City will apply moneys in the Surplus Account and the
Depreciation and Replacement Account on a proportionate basis (based upon the outstanding principal
amounts of the Bonds and the Outstanding Parity Bonds) to the Principal Account, the Interest Account
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and the Outstanding Parity Bond Debt Service Account to prevent any default in the payment of the
principal of and interest on the Bonds and the Outstanding Parity Bonds.
Section 604. Transfer of Funds to Paving Agent. The City Clerk is authorized and directed to
make the payments to the Principal Account and the Interest Account as provided in Section 602, and, to
the extent necessary to prevent a default in the payment of the Bonds, from the Reserve Account, the
Surplus Account and the Depreciation and Replacement Account as provided in Sections 602 and 603,
sums sufficient to pay the Bonds when due, and to forward amounts to the Paying Agent in a manner
which ensures the Paying Agent will have sufficient available funds on or before the second Business Day
immediately preceding the dates when payments on the Bonds are due. Upon the payment of all principal
and interest on the Bonds, the Paying Agent will return any excess funds to the City. Except as otherwise
provided in the Indenture, all moneys deposited by the City with the Paying Agent are subject to the
provisions of this Ordinance.
ARTICLE VII
DEPOSIT AND INVESTMENT OF MONEYS
Section 701. Investment of Moneys.
(a) Moneys in the Interest Account, the Principal Account, the Construction Account, the
State Match Portion Debt Service Account, the Leveraged Portion Debt Service Account and the Reserve
Account are assigned by the City to the Authority to secure the City's obligations under this Ordinance
and the City acknowledges that moneys in the Interest Account, the Principal Account, the Construction
Account, the State Match Portion Debt Service Account, the Leveraged Portion Debt Service Account
and the Reserve Account will be invested by the Authority, subject to the Arbitrage Instructions, in
Investment Securities in accordance with Section 4.9 of the hidenture. Moneys in each of the other funds
and accounts created or ratified and confirmed by this Ordinance may be invested by the City in
obligations as may be permitted by law, but no investment will be made for a period extending longer
than the date when the moneys invested may be needed. All earnings on any investments held in any fund
or account will accrue to the applicable fund or account. In determining the amount held in any fund or
account under this Ordinance, obligations will be valued at the lower of cost or market value. If the
amount in any fund or account held within the Treasury of the City is greater than the required amount,
the City may transfer the excess to the Revenue Fund.
(b) If the Outstanding Parity Bonds are outstanding, any investments made pursuant to this
Section are subject to the applicable restrictions in the Outstanding Parity Bond Ordinance.
ARTICLE VIII
PARTICULAR COVENANTS OF THE CITY
Section 801. Efficient and Economical Operation. The City will continuously own and will
operate the System in an efficient and economical manner and will keep and maintain the System in good
repair and working order.
Section 802. Rate Covenant. The City will fix, establish, maintain and collect rates and
charges for the use and services furnished by or through the System to produce income and revenues
sufficient to (a) pay the costs of the operation and maintenance of the System; (b) pay the principal of and
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interest on the Bonds as and when due; (c) enable the City to have in each Fiscal Year Net Revenues
Available for Debt Service of not less than 110% of the amount required to be paid by the City in the
Fiscal Year on account of both principal of and interest on all System Revenue Bonds at the time
outstanding, provided that interest on any SRF Program Bonds will be reduced by the SRF Subsidy, if
any; and (d) provide reasonable and adequate reserves for the payment of the Bonds and the interest
thereon and for the protection and benefit of the System as provided in this Ordinance. The City will
require the prompt payment of accounts for service rendered by or through the System and will promptly
take whatever action is legally permissible to enforce and collect delinquent charges.
Section 803. Reasonable Charges for all Services. None of the facilities or services provided
by the System will be furnished to any user (excepting the City itself) without a reasonable charge being
made therefor. If the income and revenues derived by the City from the System are insufficient to pay the
reasonable expenses of operation and maintenance of the System and the principal of and interest on the
Bonds when due, the City will pay into the Revenue Fund a fair and reasonable payment in accordance
with effective applicable rates and charges for all services or other facilities furnished to the City or any of
its departments by the System.
Section 804. Annual Budget. Prior to the commencement of each Fiscal Year, the City will
cause a budget setting forth the estimated receipts and expenditures of the System for the next succeeding
Fiscal Year to be prepared and filed with the City Clerk. The City Clerk, within 30 days after the end of
the current Fiscal Year, will mail a copy of the budget to the Owner and the Trustee. The annual budget
will be prepared in accordance with the laws of the State.
Section 805. Annual Audit.
(a) Promptly after the end of each Fiscal Year, the City will cause an audit of the System for
- the preceding Fiscal Year to be made by a certified public accountant or firm of certified public
accountants employed for that purpose and paid from the Revenues. The annual audit will cover in
reasonable detail the operation of the System during the Fiscal Year.
(b) Within 180 days after the end of the City's Fiscal Year, a copy of the annual audit will be
filed in the office of the City Clerk, and a duplicate copy of the audit will be mailed to the Owner and the
Trustee. The annual audit will be open to examination and inspection during normal business hours by
any taxpayer, any user of the services of the System, any Owner of the Bonds, or anyone acting for or on
behalf of the taxpayer, user or Owner.
(c) As soon as possible after the completion of the annual audit, the Governing Body will
review the annual audit, and if the annual audit reveals any breach of this Ordinance, the City agrees to
promptly cure the breach.
Section 806. Performance of Duties. The City will faithfully and punctually perform all duties
and obligations with respect to the operation of the System now or hereafter imposed upon the City by the
Constitution and laws of the State and the provisions of this Ordinance.
Section 807. Tax Covenants.
(a) The City will comply with all applicable provisions of the Code, including Sections 103
and 141 through 150, necessary to maintain the exclusion of interest on the Authority Bonds from gross
income for federal income tax purposes. The City will not use or permit the use of any proceeds of the
Bonds or any other funds of the City, nor take or permit any other action, or fail to take any action, which
would adversely affect the exclusion of interest on the Authority Bonds from gross income for federal
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income tax purposes. The City will adopt ordinances or resolutions and take other actions necessary to
comply with the Code and with other applicable future law, in order to ensure that the interest on the
Authority Bonds will remain excluded from federal gross income.
(b) The City (1) will use the proceeds of the Bonds as soon as practicable for the purposes for
which the Bonds are issued, and (2) will not invest or directly or indirectly use or permit the use of any
proceeds of the Bonds or any other funds of the City in any manner, or take or omit to take any action, that
would cause the Authority Bonds to be "arbitrage bonds" within the meaning of Section 148(a) of the Code.
(c) The City will not use any portion of the proceeds of the Bonds, including any investment
income earned on the proceeds, directly or indirectly, (1) in a manner that would cause any Bond to be a
"private activity bond" within the meaning of Section 141(a) of the Code, or (2) to make or finance a loan to
any person.
(d) The City will pay to the Trustee, for deposit to the Interest Account and subsequent
transfer as provided in the Indenture, an amount equal to arbitrage rebate and the costs incurred in
connection with determining arbitrage rebate, at the times required by the Arbitrage Instructions. The
provisions of this paragraph will survive the payment in full or defeasance of the Bonds.
ARTICLE IX
Section 901. Prior Lien Bonds. The City will not issue any debt obligations payable out of the
Net Revenues which are superior in lien, security or otherwise to the Bonds.
Section 902. Parity Lien Bonds or Obligations.
(a) The City will not issue any additional bonds or other long—term obligations payable out
of the Net Revenues of the System which stand on a parity or equality with the Bonds unless the
following conditions are met:
(1) the City is not in default in the payment of principal or interest on the Bonds or
any Parity Bonds or in making any deposit into the funds and accounts under this Ordinance or
any Parity Ordinance; and
(2) the City provides to the Owner and the Trustee a certificate showing either of the
following:
(A) the average annual Net Revenues as set forth in the two most recent
annual audits for Fiscal Years preceding the issuance of additional bonds, are at least
110% of the average annual debt service on the System Revenue Bonds, including the
additional bonds proposed to be issued, to be paid out of the Net Revenues in all
succeeding Fiscal Years. Interest to be paid on any SRF Program Bonds may be reduced
by the SRF Subsidy, if any. If the City has made any increase in rates for the use and
services of the System and the increase has not been in effect during all of the two Fiscal
Years for which annual audits are available, the City may add the additional Net
Revenues which would have resulted if the rate increase had been in effect for the entire
period to the audited Net Revenues, as certified by the Consultant; or
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(B) the estimated average annual Net Revenues Available for Debt Service
for the two Fiscal Years immediately following the Fiscal Year in which the
improvements to the System being financed by the additional bonds are to be in
commercial operation, as certified by the Consultant, is at least 110% of the average
annual debt service on the System Revenue Bonds, including the additional bonds
proposed to be issued, to be paid out of the Net Revenues Available for Debt Service in
succeeding Fiscal Years following the commencement of commercial operation of the
improvements. Interest to be paid on any SRF Program Bonds may be reduced by the
SRF Subsidy, if any. In determining the amount of estimated Net Revenues Available for
Debt Service for the purpose of this subsection, the Consultant may adjust the estimated
net income and revenues by adding the estimated increase in Net Revenues Available for
Debt Service resulting from any increase in rates for the use and services of the System
approved by the City.
(b) If the conditions set forth in this Section are satisfied, the City (i) may issue additional
revenue bonds or other obligations of the City on a parity with the Bonds and that enjoy complete equality
of the lien on the Net Revenues with the Bonds, (ii) may make equal provision for paying the additional
revenue bonds or other obligations from the Revenue Fund, and (iii) may secure the additional revenue
bonds or other obligations by funding reasonable System debt service accounts and debt service reserve
accounts from the Net Revenues.
Section 903. Junior Lien Bonds. Nothing in this Article prohibits or restricts the right of the
City to issue additional revenue obligations, including revenue bonds, for the purpose of extending,
improving, enlarging, repairing or altering the System, that are subordinate to the Bonds if at the time of
the issuance of the additional revenue obligations the City is not in default in the performance of any
covenant or agreement in this Ordinance. If the City is in default in paying either interest on or principal
of the Bonds, or if the Reserve Account is not fully funded, the City shall not make any payments on the
subordinate revenue obligations until the default is cured. Subject to the limitations in this Section, the
City may make provision for paying the principal of and interest on the subordinate revenue bonds or
obligations from moneys in the Revenue Fund.
Section 904. Refunding Bonds. The City may, without complying with the provisions of
Section 902, refund any of the Bonds in a manner that provides debt service savings to the City, and the
refunding bonds so issued will be on a parity with any of the Bonds that are not refunded and any
Outstanding Parity Bonds. If the Bonds are refunded in part and the refunding bonds bear a higher
average rate of interest or become due on a date earlier than that of the Bonds that are refunded, the City
must obtain the prior written consent of the Owner and DNR to the issuance of the refunding bonds.
ARTICLE X
DEFAULT AND REMEDIES
Section 1001. Event of Default. If (i) the City defaults in the payment of the principal of or
interest on any of the Bonds, or (ii) the City or its Governing Body or any of its officers, agents or
employees fails or refuses to comply with any provision of this Ordinance, the Constitution or statutes of
the State, the Purchase Agreement or the Revolving Fund Agreement and default continues for a period of
60 days after written notice specifying the non—payment default has been given to the City by the Trustee.
the Authority, DNR or the Owner of any Bond then Outstanding, at any time thereafter and while the
default continues, the City shall pay to DNR the penalties assessed by DNR in accordance with the
Regulations. The penalties will be assessed as a reduction in the credit provided in Section 602(a)(2)(A).
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Section 1002. Remedies.
(a) The provisions of this Ordinance constitute a contract between the City and the Owners
of the Bonds. The Owner or Owners of not less than 10% in principal amount of the Bonds at the time
Outstanding have the right for the equal benefit and protection of all Owners of Bonds similarly situated:
(1) by any proceeding at law or in equity to enforce the rights of the Owner or
Owners against the City and its officers, agents and employees, and to compel the performance by
the City of its duties and obligations under this Ordinance, the Constitution and the laws of the
State;
(3) by any proceeding at law or in equity to require the City, its officers, agents and
employees to account as if they were the trustees of an express trust; and
(3) by any proceeding at law or in equity to enjoin any act or thing which is unlawful
or in violation of the rights of the Owners of the Bonds.
(b) Any amounts paid on the Bonds to the Owners will be applied first to interest and second
to principal, to the extent due and payable.
Section 1003. Limitation on Rights of Owners. No Owner has any right in any manner
whatever by the Owner's action to affect, disturb or prejudice the security granted and provided for in, or
enforce any right under, this Ordinance, except in the manner provided in this Ordinance. All proceedings
at law or in equity will be for the equal benefit of all Owners.
Section 1004. Remedies Cumulative. No remedy conferred upon the Owners is intended to be
exclusive of any other remedy. Each remedy is in addition to every other remedy and may be exercised
without exhausting any other remedy conferred under this Ordinance. No waiver by any Owner of any
default or breach of duty or contract of the City under this Ordinance will affect any subsequent default or
breach of duty or contract by the City or impair any rights or remedies thereon. No delay or omission of
any Owner to exercise any right or power accruing upon any default will impair any right or power or will
be construed to be a waiver of any default. Every substantive right and every remedy conferred upon the
Owners of the Bonds by this Ordinance may be enforced and exercised from time to time and as often as
may be expedient. If any Owner discontinues any proceeding or the decision in the proceeding is against
the Owner, the City and the Owners of the Bonds will be restored to their former positions and rights
under this Ordinance.
Section 1005. No Obligation to Levy Taxes. Nothing in this Ordinance imposes any duty or
obligation on the City to levy any taxes either to meet any obligation incurred under this Ordinance or to
pay the principal of or interest on the Bonds.
ARTICLE XI
DEFEASANCE
Section 1101. Defeasance. When all of the Bonds have been paid and discharged, the
provisions of this Ordinance (other than Section 807) will terminate. Bonds will be treated as paid and
discharged within the meaning of this Ordinance if the City has deposited with the Paying Agent, or other
bank or trust company located in the State, having full trust powers and meeting the requirements of a
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successor Trustee under the Indenture, (i) moneys and non—callable Defeasance Securities which, together
with interest to be earned, as evidenced by the written report of an independent certified public
accountant, will be sufficient for the payment of the principal and redemption premium, if any, of and
interest to accrue on the Bonds to the date of maturity or redemption, plus an additional premium on
Bonds being optionally redeemed equal to interest that would otherwise accrue on the Bonds for an
additional 30—day period, and (ii) an opinion of Bond Counsel, addressed to the Authority and the
Trustee, that providing for the payment of the Bonds by depositing moneys or Defeasance Securities with
the Paying Agent in accordance with this Section will not cause the interest on the Authority Bonds to be
included in gross income for federal income tax purposes. If any Bonds will be redeemed prior to
maturity, the City must have given irrevocable instructions to the Paying Agent to redeem the Bonds. Any
moneys and obligations which at any time are deposited with the Paying Agent or other bank by or on
behalf of the City, for the purpose of paying and discharging any of the Bonds, are assigned, transferred
and set over in trust for the applicable Owners, and the moneys and obligations are irrevocably
appropriated to the payment and discharge of the applicable Bonds.
ARTICLE XII
AMENDMENTS
Section 1201. Amendments.
(a) Any provision of the Bonds or of this Ordinance may be amended by an ordinance with
the written consent of the Authority and the Trustee. Consent must be evidenced by an instrument
executed by the Authority and the Trustee, acknowledged or proved in the manner of a deed to be
recorded, and filed with the City Clerk. In addition, the prior written consent of the Owner and DNR is
required for any amendment that would:
(1) extend the maturity of any payment of principal or interest on any Bond;
(2) reduce the amount of principal or interest payable on any Bond; or
(3) permit the priority of any Bond over any other Bond.
(b) No amendment will be effective until (i) the City has delivered to the Owner, the Trustee
and DNR an opinion of Bond Counsel stating that the amendment is permitted by this Ordinance and the
Act, complies with their respective terms, is valid and binding upon the City in accordance with its terms
and does not adversely affect the exclusion of interest on the Authority Bonds from gross income for
federal income tax purposes, and (ii) the City Clerk has on file a copy of the amendment and all required
consents.
ARTICLE XIII
MISCELLANEOUS PROVISIONS
Section 1301. Further Authority. The officers of the City, including the Mayor, the City
Administrator and the City Clerk, are authorized and directed to execute all documents and take the
actions as are necessary or advisable in order to carry out and perform the purposes of this Ordinance and
to make ministerial changes in the documents approved by this Ordinance which they may approve. The
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execution of any document or taking of any related action constitutes conclusive evidence of the necessity
or advisability of the action or change.
Section 1302. Severability. If any section or other part of this Ordinance is for any reason held
invalid, the invalidity will not affect the validity of the other provisions of this Ordinance.
Section 1303. Governing Law. This Ordinance is governed by and will be construed in
accordance with the laws of the State.
Section 1304. Effective Date. This Ordinance is in full force and effect from and after its
passage by the City Council and approval by the Mayor.
PASSED by the City Council of the City of Jefferson, Missouri this 17th day of October, 2005.
(Seal)
ATTEST:
City Clerk
APPROVED by the Mayor this 17th day of October, 2005.
(Seal)
ATTEST:
City Clerk
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Mayor
Mayor
CERTIFICATE
I, the undersigned, City Clerk of the City of Jefferson, Missouri, hereby certify that attached to
this Certificate is a true and correct copy of Ordinance No. passed by the City Council of the
City at a regular meeting held, after proper notice, on October 17, 2005; that the Ordinance has not been
amended and is in full force and effect as of this date; and that the Ordinance is on file in my office.
(Seal)
WITNESS my hand and official seal this day of November, 2005
City Clerk
City of Jefferson, Missouri
EXHIBIT A
IIaMLYAYo]a 0,163,21�7d
1. Original Principal Amount of the Bonds: Not to exceed $10,900,000.
2. Purchase Price: Not less than 99% of the Original Principal Amount.
3. Weighted Average Maturity of the Bonds: Not less than 10.5 years nor more than 14.5
years.
4. Effective Interest Cost: Not to exceed 2.40%. `Effective Interest Cost" means the
discount rate that, when used in computing the present value, as of the issue date of the
Bonds, of all Payments (defined below) expected to be paid on the Bonds, produces an
amount equal to the deposit to the City's Construction Account. For this purpose, the
term "Payments" means the sum of (a) all payments of principal and interest on the
Bonds, less (b) allocable interest earnings on the City's Reserve Account (calculated
assuming the Reserve Account is fully funded on the date of issuance of the Bonds), plus
(c) the Administrative Fee. Effective Interest Cost is expressed as an annual percentage
rate, and present value is computed on a semiannual basis using a 30/360 day -count
convention.
5. Costs of Issuance: Not to exceed $190,000.
A-1
FORM OF BOND
[THIS BOND IS TRANSFERABLE ONLY TO ANY SUCCESSOR TO THE
STATE ENVIRONMENTAL IMPROVEMENT AND ENERGY
RESOURCES AUTHORITY OR ITS ASSIGNS]
Registered
No. R --
Interest Rates
See Schedule I
REGISTERED OWNER:
PRINCIPAL AMOUNT:
UNITED STATES OF AMERICA
STATE OF MISSOURI
CITY OF JEFFERSON, MISSOURI
SEWERAGE SYSTEM REVENUE BOND
(STATE REVOLVING FUND PROGRAM)
SERIES 2005B
Maturity Dates
See Schedule I
Registered
Dated Date
November 1. 2005
STATE ENVIRONMENTAL IMPROVEMENT AND ENERGY
RESOURCES AUTHORITY
DOLLARS"
THE CITY OF JEFFERSON, MISSOURI, a constitutional charter city and political subdivision
of the State of Missouri (the "City"), for value received, hereby promises to pay to the Owner shown
above, or registered assigns, the Principal Amount shown above in installments in the amounts and on the
Maturity Dates referenced above, and to pay interest thereon at the annual Interest Rates referenced above
(computed on the basis of a 360—day year of twelve 30—day months), payable semiannually on January 1
and July 1 in each year, commencing July 1, 2006 (each an "Interest Payment Date"), from the Dated
Date shown above or from the most recent Interest Payment Date to which interest has been paid or duly
provided for until the Principal Amount has been paid.
The principal of and redemption premium, if any, on this Bond will be paid at maturity or upon
earlier redemption to the person in whose name this Bond is registered at the maturity or redemption date,
upon presentation and surrender of this Bond at the principal office of UMB BANK, N.A. in the City of
St. Louis, Missouri (the "Paying Agent'). The interest payable on this Bond on any Interest Payment
Date will be paid by check or draft mailed by the Paying Agent to the person in whose name this Bond is
registered on the registration books maintained by the Paying Agent at the close of business on the Record
Date. The Record Date is the fifteenth day (whether or not a business day) of the calendar month next
preceding the Interest Payment Date. The principal of and redemption premium, if any, and interest on
the Bonds is payable by electronic transfer in immediately available federal funds to a bank in the
continental United States of America pursuant to instructions from the Owner received by the Paying
IM
Agent prior to the Record Date. The principal of, redemption premium, if any, and interest on this Bond
is payable in lawful money of the United States of America.
This Bond is one of a duly authorized series of bonds of the City designated "Sewerage System
Refunding and Improvement Revenue Bonds (State Revolving Fund Program) Series 200513" aggregating
the principal amount of $ (the "Bonds"), issued by the City for the purpose of refunding
certain outstanding bonds and extending and improving its sewerage system (together with all future
improvements and extensions, the "System"), under the authority of and in full compliance with Chapter
250 of the Revised Statutes of Missouri and Section 108.140(2) of the Revised Statutes of Missouri and
pursuant to an election duly held in the City and an ordinance adopted by the governing body of the City
(the "Ordinance"). Terms not otherwise defined in this Bond have the meanings set forth in the
Ordinance.
Certain Bonds are subject to mandatory redemption and payment prior to maturity pursuant to the
mandatory redemption requirements of the Ordinance, at a redemption price equal to 100% of the
principal amount plus accrued interest to the redemption date.
At the option of the City, certain Bonds may be called for redemption and payment prior to
maturity in whole or in part on any date with the consent of the Owner, as provided in the Ordinance.
Bonds will be optionally redeemed in part in integral multiples of $5,000 from the maturities
selected by the City with the prior written consent of the Owner. Upon redemption, the sinking fund
redemption amounts for each maturity will be proportionately reduced, subject to rounding to integral
multiples of $5,000. The City will give written notice to the Paying Agent, as trustee (the "Trustee"),
designating the amount of each maturity redeemed and the reduction in each sinking fund installment,
subject to verification by the Trustee. In exercising its option to redeem the Bonds, the City will deposit
with the Paying Agent, in addition to the principal of, premium, if any, and interest on the Bonds, an
additional premium equal to 30—days' interest on the Bonds to be redeemed for an additional 30—day
period.
The Paying Agent will give notice of optional redemption, unless waived, by mailing a
redemption notice by registered or certified mail at least 45 days prior to the date fixed for optional
redemption, to the Owner of each Bond to be redeemed at the address shown on the Bond Register. If
notice of redemption has been given or waived, the Bonds or portions of Bonds called for redemption will
become due and payable on the redemption date at the redemption price specified in the notice. No notice
of mandatory sinking fund redemption is required to be given. From and after the redemption date the
Bonds called for redemption will cease to bear interest date unless the City defaults in the payment of the
redemption price.
The Bonds are limited obligations of the City payable solely from, and secured as to the payment
of principal and interest by a pledge of, the Net Revenues. The taxing power of the City is not pledged to
the payment of the Bonds either as to principal or interest. The Bonds do not constitute a general
obligation of the City or an indebtedness of the City within the meaning of any constitutional, statutory or
charter provision, limitation or restriction. Under the conditions set forth in the Ordinance, the City has
the right to issue additional parity bonds payable from, and secured by, the Net Revenues.
The Bonds are issued on a parity with respect to payment of principal and interest from the Net
Revenues and in all other respects with the Outstanding Parity Bonds (as defined in the Ordinance).
The City covenants with the Owner of this Bond to keep and perform all covenants and
agreements contained in the Ordinance, and the City will fix, establish, maintain and collect rates, fees
Lim
and charges for the use and services furnished by or through the System to produce Revenues sufficient to
pay the operation and maintenance costs of the System, pay the principal of and interest on the Bonds and
provide reasonable and adequate reserve funds. Reference is made to the Ordinance for a description of
the agreements made by the City with respect to the collection, segregation and application of the
Revenues, the nature and extent of the security for the Bonds, the rights, duties and obligations of the City
with respect to the Bonds, and the rights of the Owners.
The Bonds are issuable in the form of fully registered Bonds without coupons in the
denomination of $5,000 or any integral multiple of $5,000.
This Bond may be transferred or exchanged, as provided in the Ordinance, only upon the
registration books kept for that purpose at the above—mentioned office of the Paying Agent. Upon
surrender of any Bond at the principal office of the Paying Agent, the Paying Agent will transfer or
exchange the Bond for a new Bond or Bonds in any authorized denomination of the same maturity and in
the same aggregate principal amount as the Bond which was presented for transfer or exchange. All
Bonds presented for transfer or exchange must be accompanied by a written instrument of transfer or
authorization for exchange, in a form and with guarantee of signature satisfactory to the Paying Agent,
duly executed by the Owner or by the Owner's authorized agent. All Bonds presented for transfer or
exchange must be surrendered to the Paying Agent for cancellation. For every exchange or transfer of
Bonds the City or the Paying Agent may levy a charge sufficient to reimburse it for any tax, fee or other
governmental charge required to be paid for the exchange or transfer. The person requesting the exchange
or transfer must pay the charge. Payment of the charge is a condition precedent to the exchange or
transfer.
This Bond will not be valid or be entitled to any security or benefit under the Ordinance until the
Paying Agent has executed the Certificate of Authentication.
IT IS HEREBY CERTIFIED AND DECLARED that all acts, conditions and things required to
exist, happen and be performed precedent to the issuance of the Bonds have existed, happened and been
performed in due time, form and manner as required by law, and that before the issuance of the Bonds,
provision has been duly made for the collection, segregation and application of the income and revenues
of the System as provided in the Ordinance.
IN WITNESS WHEREOF, the City of Jefferson, Missouri, has executed this Bond by causing it
to be signed by the manual or facsimile signature of its Mayor and attested by the manual or facsimile
signature of its City Clerk, with its official seal affixed or imprinted.
(SEAL) CITY OF JEFFERSON, MISSOURI
ATTEST:
City Clerk
I�
a
Mayor
CERTIFICATE OF AUTHENTICATION
This Bond is one of the Bonds of the issue described in the within—mentioned Ordinance.
Registration Date:
UMB BANK, N.A., Paying Agent
V1
Authorized Signatory
RECORD OF PRINCIPAL PAYMENTS AND PREPAYMENTS
Under the provisions of the Ordinance, payments of the principal installments of this Bond and
partial prepayments of the principal of this Bond may be made directly to the Owner without surrender of
this Bond to the Paying Agent. Accordingly, any purchaser or other transferee of this Bond should verify
with the Paying Agent the principal of this Bond outstanding prior to any purchase or transfer, and the
records of the Paying Agent are conclusive.
Rm
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto
UMB BANK N.A.
Print or Type Name of Transferee
the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints UMB Bank,
N.A. agent to transfer the within Bond on the registration books kept by the Paying Agent, with full
power of substitution in the premises.
Date:
STATE ENVIRONMENTAL IMPROVEMENT
AND ENERGY RESOURCES AUTHORITY
MR
Chairman
City DrIetremom Missouri
SCHEDULEITO
CITY OF JEFFERSON, MISSOURI
SEWERAGE SYSTEM REVENUE BOND
(STATE REVOLVING FUND PROGRAM)
SERIES 2005
[insert Maturity Schedule from Certificate of Final Terms]
B-1-1
EXHIBIT C
CERTIFICATE OF FINAL TERMS
C-1
FORM OF CLOSING CERTIFICATE
PARTICIPANT CLOSING CERTIFICATE
CITY OF JEFFERSON, MISSOURI
We, the undersigned, duly authorized officials of the City of Jefferson, Missouri (the
"Participant'), in connection with the issuance of Sewerage System Refunding and Improvement
Revenue Bonds (State Revolving Fund Program) Series 2005B (the `Bonds") in the original principal
amount set forth in Exhibit A to this Certificate (the "Original Principal Amount'), hereby certify as
follows:
1. Organization and Authority: Definitions. The Participant is a constitutional charter city,
organized and existing under the constitution and laws of the State of Missouri. The Participant has
complied with all provisions of the Constitution and the laws of the State of Missouri, and has full power
and authority to consummate all transactions contemplated by the Bonds, Ordinance No.
adopted on October 17, 2005, authorizing the issuance of the Bonds (the "Bond Ordinance"), and any and
all other agreements relating thereto. Terms not otherwise defined in this Certificate have the respective
meanings set forth in the Bond Ordinance.
2. Transcript of Proceedings. The executed counterparts or copies of the proceedings of the
Participant relating to the authorization and issuance of the Bonds as set forth in the supplemental
transcript of proceedings (the "Transcript') prepared in connection with the issuance of the Authority
Bonds are true and correct copies or executed counterparts of such proceedings, originals or executed
counterparts of which are on file in the official records of the Participant; none of such proceedings have
been modified, amended or repealed; and such facts as are stated therein still exist.
3. Meetings. All meetings of the City Council of the Participant as shown in the Transcript
were regular meetings, or meetings held pursuant to regular adjournment at the next preceding meeting,
or special meetings duly called and held as shown in the Transcript, and for all such meetings, where
required, proper notice was given in the manner required by law, including Chapter 610 of the Revised
Statutes of Missouri, as amended.
4. Incumbency. The following named persons are the duly qualified and acting members of
the City Council and officers of the Participant during the proceedings described herein:
Name Title
John Landwehr
Mayor
Kenneth Ferguson
Councilmember
Mike Harvey
Councilmember
Edith Vogel
Councilmember
Jonathon Schnitzler
Councilmember
Brian Crane
Councilmember
Brian Pope
Councilmember
Kevin Brown
Councilmember
Cindy Layton
Councilmember
Dean Martin
Councilmember
Michael Berry
Councilmember
Phyllis Powell
City Clerk
D-1
5. Execution of Bonds. We have duly signed and executed the Bonds, consisting of one
fully registered bond in the denomination of the Original Principal Amount, numbered R-1. On the date
of the Bonds, and on the date when we duly executed the Bonds, we were, and at the date hereof we are,
the officials indicated by our signatures on the Bonds and by our signatures to this Certificate,
respectively.
6. Signatures and Seal. The signatures of us and each of us, as such officials, respectively,
on the Bonds, are our true and genuine signatures, and the seal affixed or imprinted on the Bonds at the
time of their execution was and is the duly authorized seal of the Participant and was thereto affixed by
the authority and direction of the Council of the Participant, and is the seal affixed to this Certificate.
7. Due Authorization and Execution of Documents. The Participant has duly authorized all
necessary action to be taken by the Participant for (i) the due authorization, adoption and performance of
the following documents (the "Bond Documents"):
(a) Purchase Agreement dated as of November 1, 2005 (the "Purchase Agreement'), among
the State Environmental Improvement and Energy Resources Authority (the
"Authority"), the Participant and the Missouri Department of Natural Resources
("DNR"), and
(b) Revolving Fund Agreement dated as of November 1, 2005 (the "Revolving Fund
Agreement"), among the Authority, the Participant and DNR, and acknowledged and
accepted by the Trustee;
(ii) the due authorization, execution and delivery of the Bond Ordinance and any and all such other
agreements and documents as may be required to be executed, delivered and received by the Participant
in order to carry out, give effect to and consummate the transactions contemplated by the Bond
Ordinance; and (iii) the carrying out, giving effect to and consummation of the transactions contemplated
hereby and by the Bond Ordinance. The undersigned have duly executed the Bond Documents and this
Certificate.
S. Approval of Bond Terms. Attached to this Certificate is a true and correct copy of the
Certificate of Final Terms executed by the undersigned and attached to the Bond Ordinance as Exhibit C,
pursuant to the delegation of authority under Section 210 of the Bond Ordinance. The undersigned
Mayor certifies that the requirements of the Bond Ordinance with respect to the terms of the Bonds have
been satisfied.
9. Receipt of Purchase Price: Deposit of Proceeds and Other Moneys.
(a) The Participant hereby acknowledges receipt from the Authority of payment in full of the
purchase price for the Bonds in the amount of $ , plus accrued interest, if any. The
Participant further acknowledges that the Authority has in all respects complied with and satisfied all of
its obligations to the Participant as set forth in the Purchase Agreement and required to be complied with
and satisfied on or prior to the date of delivery of and payment for the Bonds.
(b) The Paying Agent, in its role as Trustee under the Indenture (as defined in the Bond
Ordinance), is further authorized and directed to deposit and apply such sums, into the Funds and
Accounts established under the Indenture as follows:
D-2
(1) into the Costs of Issuance Fund an amount equal to the Costs of Issuance in
Exhibit A•
(Z) into the Interest Account the accrued interest on the Bonds, if any; and
(3) into the Construction Account the remaining proceeds of the Bonds.
(c) Attached to this Certificate is a copy of Form SRF -01 Requisition approved by DNR in
the amount of $ . The Trustee is directed to transfer $ from the Construction
Account to U.S. Bank National Association, as paying agent for the Refunded Bonds (described below),
in accordance with the Supplemental Closing Instructions attached to this Certificate. The Refunded
Bonds Paying Agent is directed to transfer in immediately available funds the remaining balance of the
Construction Loan Fund (as defined in the Refunded Bonds Ordinance defined below) ($ ) to
the Trustee in accordance with the Supplemental Closing Instructions.
(d) Promptly after the transfer described in paragraph (c), the Trustee shall invest the
remaining amount in the Participant's Construction Account in the Investment Agreement. The Trustee is
directed to transfer the amount of $ from the Costs of Issuance Fund to the Participant for
reimbursement of the Participant's application fee to the Authority and the balance of the amount
deposited pursuant to (ii) above for the payment of Program Costs and the Participant's costs of issuance.
10. No Litigation; Other Matters.
(a) To the best knowledge of the undersigned, the Participant is not in breach of or in default
under any applicable law or administrative regulation of the State of Missouri or the United States of
America, or any department, agency or instrumentality thereof, or any applicable judgment or decree or
any indenture, ordinance/resolution, agreement or other instrument to which the Participant is a party or is
otherwise subject, which breach or default would in any way materially adversely affect the authorization,
sale or issuance of the Bonds and no event has occurred as is continuing which, with the passage of time
or the giving of notice or both, would constitute such breach or default under any such instrument. The
execution and delivery of the Bond Documents and the Bonds, and compliance with the provisions of
each thereof, will not conflict with or constitute in any material respect a breach of or default under any
law, administrative regulation, judgment, decree, indenture, ordinance/resolution, agreement or other
instrument to which the Participant is a party or is otherwise subject.
(b) There is no action, suit, proceeding, inquiry or investigation, at law or in equity, before or
by any court, public board or body, for which the Participant has been served with process or official
notice or, to the best of the Participant's knowledge, threatened against the Participant affecting its
corporate existence or the titles of its officers to their respective offices or seeking to prohibit, restrain or
enjoin the authorization, sale or issuance of the Bonds or the collection of the revenues and other moneys
pledged or to be pledged to pay the principal of and interest on the Bonds, or the pledge thereof by the
Authority pursuant to the Indenture, or in any way contesting or affecting the validity or enforceability of
the Bonds, the Bond Ordinance or the Bond Documents, contesting the federal tax-exempt status of the
Authority Bonds or contesting the powers of the Participant or any authority for the issuance of the
Bonds, or the execution or delivery of the Bonds, the Bond Ordinance, the Bond Documents or this
Certificate.
(c) No further consent, approval, authorization or order of any court or governmental agency
or body of the State of Missouri is required by the Participant for the authorization, sale or issuance of the
D-3
Bonds or the consummation by the Participant of the other transactions effected or contemplated in
connection with the issuance of the Bonds.
11. No Default. At the date of this Closing Certificate, no event has occurred and is
continuing which, with the passage of time or the giving of notice, would constitute a breach of or an
event of default under the Bond Ordinance or any Bond Document.
12. Request to Authenticate and Deliver Bonds. UMB Bank, N.A., as Paying Agent, is
hereby requested and authorized, pursuant to Section 207 of the Bond Ordinance, to authenticate the
Bonds in the Original Principal Amount and to deliver the Bonds to, or at the direction of, the Authority,
upon payment to the Paying Agent for the account of the Participant of the purchase price for the Bonds
specified in paragraph 10 of this Certificate.
13. Outstanding System Obligations. As of the date hereof, the Participant does not have
outstanding any bonds or other obligations payable out of the net income and revenues derived from the
operation of the System other than the Bonds and the Outstanding Parity Bonds. No event has occurred
and is continuing which, with the passage of time or the giving of notice, would constitute a breach of or an
event of default under the Bond Ordinance and the Outstanding Parity Bond Ordinances.
14. Refunding. In connection with the application of the net proceeds of the Bonds to the
refunding of the Participant's Sewerage System Revenue Bonds, Series 2002, dated November 1, 2002, in
the original principal amount of $5,555,000 (the "Refunded Bonds"), issued pursuant to Ordinance No.
13474 passed on November 18, 2002 (the "Refunded Bonds Ordinance"), the Participant represents and
warrants as follows:
(a) The Refunded Bonds are being purchased and cancelled in whole on the date of
this Certificate in accordance with the Refunded Bonds Ordinance and the Bond Ordinance.
(b) Unexpended proceeds of the Refunded Bonds in the amount of $ have
been deposited to the Participant's Construction Account.
(c) Under Regulations § 1.148-9(h), the Bonds will be treated as two separate issues
(i.e., a "Refunding Portion" and a "Project Portion") for most purposes under Code § 148. The
Refunding Portion is $ principal amount and $ sale proceeds. The
Project Portion is $ principal amount and $ sale proceeds.
(d) The purpose of the refunding is to accomplish one or more of the following: (A)
to achieve interest cost savings for the Participant through early redemption of the Refunded
Bonds, (B) to reduce the debt service requirements of the Participant, and (C) to provide an
orderly plan of financing for the Participant.
The representations and warranties in this paragraph 15 are made with the understanding that the
Authority will rely on them in connection with the Authority's execution of its Tax Certificate with
respect to certain matters under Section 148 of the Internal Revenue Code of 1986, as amended (the
"Code").
16. Reliance. The undersigned acknowledge and agree that this Certificate is being relied upon
by the Authority in connection with the issuance and sale of the Authority Bonds, by the underwriters of the
Authority Bonds in connection with their purchase of the Authority Bonds, by the Participant's bond
counsel in connection with the delivery of their approving legal opinion with respect to the Bonds, and by
D-4
the Authority's Co -Bond Counsel in connection with their approving legal opinions with respect to the
Authority Bonds.
(Seal)
WITNESS our hands and the seal of the City of Jefferson, Missouri this day of
2005.
Signature Official Title
D-5
Mayor
City Clerk
EXHIBIT A
[ATTACH COPY OF CERTIFICATE OF FINAL TERMS]
D -A-1
SUPPLEMENTAL CLOSING INSTRUCTIONS
CITY OF JEFFERSON, MISSOURI
Sewerage System Refunding and Improvement Revenue Bonds
(State Revolving Fund Program)
Series 2005B
The following steps will be implemented in the indicated order of priority on the indicated
dates:
1. On November '2005, U.S. Bank National Association will transfer in immediately available
funds the remaining balance in the Construction Loan Fund in connection with the Refunded Bonds
($ ) to LIMB Bank, N.A., in escrow pending the issuance of the referenced bonds (the
"Bonds"), as follows:
UMB Bank, N.A.
ABA # 101000695
Acct #: Trust Operations/Ct-STL A/C# 9800006823
FBO: Series 2005B
Attn: Rebecca Dengler, 314.612.8485
2. On November _, 2005, promptly upon the issuance of the referenced bonds, UMB Bank, N.A. will
transfer $ from the Construction Account to U.S. Bank National Association, for application to
the redemption of the Sewerage System Revenue Bonds, Series 2002 (the "Refunded Bonds") in whole
on November , 2005, as follows:
U.S. Bank National Association
ABA #
A/C #
Attn:
3. On November 2005, upon the issuance of the Bonds, the amount deposited with UMB Bank,
N.A. under Step 1 will be released from escrow and deposited to the Construction Account.
RM
City � of„
lef...e.rson ��s
_. _ n n A.
320 .
320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6562 • www.jeffcitymo.org/cd
Date: October 17, 2005
To: Mayor and City Council
From: Eric Seaman, P.E., WWD (634-6443)
Subject: Bill 2005-94 Replacement pages
Please find 3 replacement pages provided by our Bond Counsel, Gilmore & Bell this afternoon.
Attached is also the excerpted changes to the Bill. They include changes to the table of
contents, a typographic correction, and clarification of the refinancing language.
CC: Rich Mays, City Adminstrator
Phyllis Powell, City Clerk
Nathan Nickolaus, City Counselor
Steve Schlueter, Director of Finance
Pat Sullivan, P.E., Director of Community Development
"building a better community"
C:\Documents and Settings\eseaman\My Documents\2005 bonds\2005 94 replacement pages.doc
Excerpted changes to Jefferson Ordinance v4:
TOC:
Section 504. ukase and Qiqsellatioa> <Redemntion> of Refunded Bonds.................................2
Page 1:
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
SEWERAGE SYSTEM REFUNDING AND IMPROVEMENT
REVENUE BONDS (STATE REVOLVING FUND PROGRAM)
SERIES 2005B OF THE CITY OF JEFFERSON, MISSOURI,
FOR THE PURPOSE OF EXTENDING AND IMPROVING THE
CITY'S SEWERAGE SYSTEM AND REFUNDING A PRIOR
ISSUE OF BONDS OF THE CITY; PRESCRIBING THE FORM
AND DETAILS OF THE BONDS AND THE AGREEMENTS
MADE BY THE CITY TO FACILITATE AND PROTECT THEIR
PAYMENT; AND AUTHORIZING A NO—INTEREST LOAN
FROM THE WATER AND WASTEWATER LOAN FUND
AND/OR THE �"' <WATER> AND WASTEWATER
LOAN REVOLVING FUND OF THE STATE OF MISSOURI
AND PRESCRIBING OTHER RELATED MATTERS.
pagts� . j i —I
ARTICLE V
APPLICATION OF BOND PROCEEDS
Section 501. Disposition of Bond Proceeds.
(a) The proceeds received from the sale of the Bonds, including any premium
and accrued interest, will be deposited simultaneously with the delivery of the Bonds as
set forth in the Closing Certificate.
(b) <On the issuance date of the Bonds, the City will transfer the amount
set forth in the Closing Certificate from the Project Fund under the Refunded Bonds
Ordinance to the Trustee for deposit to the Construction Account.
(e)> On the issuance date of the Bondsy> the Trustee will disburse from the
Construction Account, from the proceeds of the Bonds, to the Refunded Bonds Paying
Agent the amount set forth in the Closing Certificate for application to the <p�ehase and
<redemption> of the Refunded Bonds in whole.
Section 502. Assigmnent and Application of Moneys in the Construction
Account.
(a) By this Ordinance, the City assigns the proceeds of the Bonds held in the
Construction Account to the Owner to secure the City's obligations under this Ordinance.
Moneys in the Construction Account will be disbursed to the City for the sole purpose of
paying the cost of extending and improving the System in accordance with the plans and
specifications prepared by the Consulting Engineer, previously approved by the
Governing Body and DNR and on file in the office of the City Clerk, including any
alterations in or amendments to the plans and specifications approved by the Governing
Body and DNR with the advice of the Consulting Engineer.
(b) Requisitions will be submitted for withdrawals from the Construction
Account in accordance with Article III of the Purchase Agreement.
Section 503. Application of Moneys by Refunded Bonds Paying Agent. Moneys
received by the Refunded Bonds Paying Agent will be applied solely to the payment of the
principal of and redemption premium, if any, and interest on the Refunded Bonds. These
moneys deposited with the Refunded Bonds Paying Agent will be held by the Refunded
Bonds Paying Agent in accordance with the provisions of the Refunded Bond Ordinance.
Section 504. -D..... hale and Ganeo" .t;,,.,> <Redemption> of Refunded Bonds.
The -Q4, t ;., a writtene fFem the owner f the D oF. aea D a
Ce, :,... n nn_i,.� 01411p, D „f.,., a �a n,.., a.. n..a:n—ee.......... -'d.- ....,,,..,a..t,.f., tender .,f tl,., n ef..., a ea
Ohe date f' of the Bonds. U t of h �
vvi aiv�w'nvic-orraic-ausc-vizS.."i"m"a"xccvi�i�nvna�-�PmTP°7�Tcncvi mc�arc �x$S'c-pnccT
<outstanding Refunded Bonds maturing after November 1. 2005, in the aggregate the
principal amount of $4.980.000, are called for redemption and payment prior to
maturity on December 15, 2005. The Refunded Bonds will be redeemed at the office>
of -t>,„ Refunded —RRnds b - the Refunded Bonds Paying Agent the Refii dee D 7
will be <on the redemption date. In accordance with the requirements of
the Refunded Bonds Ordinance. the City Clerk is directed to cause notice of the call
for redemption and payment of the Refunded Bonds to be given in the manner
provided in the Refunded Bonds Ordinance. > The 4inanee Tl:reeter and other>
officers of the City and the Refunded Bonds Paying Agent are authorized and directed to
take any other actions necessary to effect the <redemption and> payment
4and-eaz eellatief3> of the Refunded Bonds.
ARTICLE V
APPLICATION OF BOND PROCEEDS
Section 501. Disposition of Bond Proceeds......................................................................................... 11
Section 502. Assignment and Application of Moneys in the Construction Account ........................... 11
Section 503. Application of Moneys by Refunded Bonds Paying Agent ............................................. 12
Section 504. Redemption of Refunded Bonds..................................................................................... 12
ARTICLE VI
APPLICATION OF REVENUES
Section601. Revenue Fund.................................................................................................................. 12
Section 602. Application of Moneys in Funds and Accounts.............................................................. 12
Section 603. Deficiency of Payments into Funds and Accounts.......................................................... 14
Section 604. Transfer of Funds to Paying Agent.................................................................................. 15
ARTICLE VII
DEPOSIT AND INVESTMENT OF MONEYS
Section 701. Investment of Moneys..................................................................................................... 15
ARTICLE VIII
PARTICULAR COVENANTS OF THE CITY
Section 801.
Efficient and Economical Operation...............................................................................
16
Section802.
Rate Covenant.................................................................................................................
16
Section 803.
Reasonable Charges for all Services...............................................................................
16
Section804.
Annual Budget.................................................................................................................
16
Section805.
Annual Audit...................................................................................................................
16
Section 806.
Performance of Duties.....................................................................................................
17
Section807.
Tax Covenants.................................................................................................................
17
ARTICLE IX
ADDITIONAL BONDS
Section901.
Prior Lien Bonds.............................................................................................................
17
Section 902.
Parity Lien Bonds or Obligations....................................................................................
17
Section903.
Junior Lien Bonds...........................................................................................................
18
Section904.
Refunding Bonds.............................................................................................................
18
ARTICLE X
DEFAULT AND REMEDIES
Section1001.
Event of Default..............................................................................................................
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Section1002.
Remedies.........................................................................................................................
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Section 1003.
Limitation on Rights of Owners......................................................................................
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Section 403. Acknowledgment of Accounts.
(a) The City acknowledges the creation of the following accounts for the City held by the
Trustee under the Indenture:
(1) Construction Account;
(2) Reserve Account;
(3) State Match Portion Debt Service Account;
(4) Leveraged Portion Debt Service Account;
(5) Principal Account; and
(6) Interest Account.
(b) The City further acknowledges that certain amounts will be transferred to the Costs of
Issuance Fund and the Administrative Expense Fund under the Indenture in satisfaction of certain City
obligations under this Ordinance, the Purchase Agreement and the Revolving Fund Agreement.
ARTICLE V
APPLICATION OF BOND PROCEEDS
Section 501. Disposition of Bond Proceeds.
(a) The proceeds received from the sale of the Bonds, including any premium and accrued
interest, will be deposited simultaneously with the delivery of the Bonds as set forth in the Closing
Certificate.
(b) On the issuance date of the Bonds, the City will transfer the amount set forth in the Closing
Certificate from the Project Fund under the Refunded Bonds Ordinance to the Trustee for deposit to the
Construction Account.
(c) On the issuance date of the Bonds, the Trustee will disburse from the Construction
Account, from the proceeds of the Bonds, to the Refunded Bonds Paying Agent the amount set forth in the
Closing Certificate for application to the redemption of the Refunded Bonds in whole.
Section 502. Assignment and Application of Moneys in the Construction Account.
(a) By this Ordinance, the City assigns the proceeds of the Bonds held in the Construction
Account to the Owner to secure the City's obligations under this Ordinance. Moneys in the Construction
Account will be disbursed to the City for the sole purpose of paying the cost of extending and improving
the System in accordance with the plans and specifications prepared by the Consulting Engineer,
previously approved by the Governing Body and DNR and on file in the office of the City Clerk,
including any alterations in or amendments to the plans and specifications approved by the Governing
Body and DNR with the advice of the Consulting Engineer.
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(b) Requisitions will be submitted for withdrawals from the Construction Account in
accordance with Article III of the Purchase Agreement.
Section 503. Application of Moneys by Refunded Bonds Paving Agent. Moneys received by
the Refunded Bonds Paying Agent will be applied solely to the payment of the principal of and redemption
premium, if any, and interest on the Refunded Bonds. These moneys deposited with the Refunded Bonds
Paying Agent will be held by the Refunded Bonds Paying Agent in accordance with the provisions of the
Refunded Bond Ordinance.
Section 504. Redemption of Refunded Bonds. The outstanding Refunded Bonds maturing after
November 1, 2005, in the aggregate the principal amount of $4,980,000, are called for redemption and
payment prior to maturity on December 15, 2005. The Refunded Bonds will be redeemed at the office of
the Refunded Bonds Paying Agent on the redemption date. In accordance with the requirements of the
Refunded Bonds Ordinance, the City Clerk is directed to cause notice of the call for redemption and
payment of the Refunded Bonds to be given in the manner provided in the Refunded Bonds Ordinance. The
officers of the City and the Refunded Bonds Paying Agent are authorized and directed to take any other
actions necessary to effect the redemption and payment of the Refunded Bonds.
ARTICLE VI
APPLICATION OF REVENUES
Section 601. Revenue Fund. The City covenants and agrees that from and after the delivery of
the Bonds, all Revenues derived and collected by the City will be deposited into the Revenue Fund when
received. The Revenues will be segregated from all other moneys, revenues, funds and accounts of the
City. The Revenue Fund will be administered and applied solely for the purposes and in the manner
provided in this Ordinance and any Parity Ordinance.
Section 602. Application of Moneys in Funds and Accounts.
(a) The City will apply moneys in the Revenue Fund on the dates, in the amounts and in the
order as follows:
(1) on the first day of each month to the Operation and Maintenance Account an
amount sufficient to pay the estimated cost of operating and maintaining the System during the
month;
(2) on the 25th day of each month, on a parity basis (i) to the Outstanding Parity
Bond Debt Service Account the amount required under the Outstanding Parity Bond Ordinance
and (ii) the following amounts to the Trustee for credit to the Interest Account and the Principal
Account:
(A) on January 25, 2006 to and including June 25, 2006, to the Interest
Account 1/6 of the amount of interest on the Bonds due on July 1, 2006 less accrued
interest deposited to the Interest Account, if any; and on July 25, 2006 and thereafter 1/6
of the amount of interest due on the Bonds on the next Interest Payment Date, with these
monthly payments to be reduced as follows:
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