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HomeMy Public PortalAbout20150219 PW&P pktNotice of Meeting & Tentative Agenda City of Jefferson Public Works & Planning Committee 1) Introductions Thursday, February 19, 2015 7:30a.m. John G. Christy Municipal Building, 320 East McCarty Street Boone/Bancroft Room (Upper Level) TENTATIVE AGENDA 2) Approval of the January 22, 2015 Committee meeting minutes 3) New Business 1. Vacation of Alley Way and Permissive Use of Right-of-Way for fence for Capital Region Medical Center (David Bange) 2. Jefferson City Police Department HVAC Update (Britt Smith) 3. Public Works Project Work Plan a. % cent Cl P Sales Tax b. Wastewater CIP 4. Amendment to After Hours Club Regulations, Section 17-33 (Janice McMillan) 5. Amending Chapter 21, Defining Landowner Responsibility Pertaining to Nuisance Abatement (Janice McMillan) 6. Transit Report (Mark Mehmert) 7. Proposed Ground Lease at the Jefferson City Memorial Airport (Britt Smith) 4) Other Topics 1. Planning & Protective Services Monthly Reports Link (Janice McMillan) 2. Water Main Leak Report (Britt Smith) 5) Citizen opportunity to address Council/Staff on Stormwater and Other Public Works Issues 6) Adjourn NOTES Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call (573) 634-6410 with questions regarding agenda items. MINUTES JEFFERSON CITY PUBLIC WORKS AND PLANNING COMMITTEE Boone/Bancroft Room Committee Members Present: Glen Costales Larry Henry Rick Prather Bob Scrivner, Chairman Laura Ward Staff Present: John G. Christy Municipal Building 320 East McCarty Street January 22, 2015 Matt Morasch, PE, Director of Public Works David Bange, PE, Engineering Supervisor Janice McMillan, Director of Planning and Protective Services Steve Crowell, City Administrator Britt Smith, PE, Operations Division Director Jayme Abbott, Neighborhood Services Coordinator Eric Seaman, PE, Wastewater Division Director Mark Mehmert, Transit Division Director · Drew Hilpert, City Counselor Brenda Wunderlich, Administrative Assistant Attendance 7 of 8 1 of 1 7 of 8 8 of8 5 of5 Chairman Scrivner called the meeting to order at 7:30a.m. A quorum was present at this time. The following guests were present: Jo Duncan, Marjorie Beenders, and Kyle Stewart with TBWG; Jerry Knollmeyer; Monte Krehbeil and Rick Graham with Republic Services; and Madeleine Leroux with News Tribune. 1. Introductions Introductions were made at this time. Councilman Prather moved and Councilwoman Ward seconded to move Item 6 to the beginning of the age,nda, motion carried. 2. Approval of the December 18, 2014 Committee meeting minutes Councilman Costales moved and Councilman Henry seconded to approve the December 18, 2014 minutes, motion carried.· 6. Citizen Opportunity to address Council/Staff on Stormwater and Other Public Works Issues Ms. McMillan introduced Marjorie Beenders, of the Beenders-Walker Group, to the Committee. Ms. Beenders explained her work with a group interested in promoting an open marketplace for commercial trash service. She distributed a list signed by supporters of open market for trash service and trash comparisons from various cities. There was discussion among Committee members, staff and those present regarding open market for commercial trash service, whether it would increase residential rates, mandatory trash Minutes/Jefferson City Public Works and Planning Committee 2 January 22, 2015 service, illegal dumping, spring clean-up, and various differences between contracts with other municipalities. 3. Old Business 1. Solid Waste RFP (Janice McMillan) Ms. McMillan explained the major components and service scenarios for the Solid Waste RFP to the Committee. There was discussion among Committee members, staff, and those present regarding exclusive contract, open market for commercial, sizes of carts, recycling, class of users, responsible party, inflation factor, free disposal for City departments, and payments for street repair. Mr. Crowell stated a Council work session will be scheduled in February regarding this issue. 4. New Business 1. Cost Share with Union Pacific Railroad for the Replacement of the Rail Crossings (David Bange) Mr. Bange explained MoDOT is reviewing the railroad crossings at Industrial Drive at McCarty Street and Dix Road and Industrial. There was discussion among Committee members and staff regarding funding. Mr. Crowell stated it is the railroads responsibility to pay for their infrastructure. 2. Dunklin Street Bridge BEAP Report (David Bange) Mr. Bange explained deficiencies in the bridge required it to be load posted at 30 tons. The bridge is in poor condition and has deteriorated to the point that rehabilitation is not cost effective. The cost estimate for the bridge replacement is 1.5 million dollars. There was discussion among Committee members and staff regarding using future sales tax and cost share with the County. 3. Permissive Use of Right-of-Way to Install Perimeter Fence on Right of Way Adjacent to Quarry Property-Stoneridge Parkway and Hard Rock Drive (David Bange) Mr. Bange explained staff recommends approval of the permissive use for the perimeter fence. Councilman Costales moved and Councilman Henry seconded to refer the permissive use to the City Council with recommendation to approve, motion carried. 4. Missouri Arts Council Grant (Jayme Abbott) Ms. Abbott explained staff is proposing to submit an application of behalf of the Cultural Arts Commission for $20,000. Councilman Prather moved and Councilman Henry seconded to forward the grant to the City Council with recommendation to approve, motion carried. 5. Wayfinding Grant Project Update (David Bange) Mr. Bange explained the City has received funding in the amount of $214,000. The local match has been pledged by local organizations, with the remainder being drawn from the parking fund. There will be an open house on February 11 from 3:00 p.m. to 6:00 p.m. for the final design. Minutes/Jefferson City Public Works and Planning Committee January 22, 2015 5. Other Topics 1. Planning & Protective Services Monthly Reports (Janice McMillan) Ms. McMillan referred Committee members to the reports included in the packet 2. Water Main Leak Report (Britt Smith) Mr. Smith explained the street cut and right-of-way report 3. CIP Update (David Bange) 3 Mr. Bange referred Committee members to the project list included in the packet. He explained the CIP Work Plan would be presented at the February Committee meeting. 7. Adjourn Councilman Costales moved and Councilman Henry seconded to adjourn the meeting at this time (9:14a.m.), motion carried. Department of Public Works Memorandum 320 East McCarty Street • Jefferson City, Mis souri 65101 • P: 573.634.6410 • F: 573.634.6562 • www.jeffcitymo.org Date: To: From: Subjects: February 16 , 2015 Public Works and Planning Committee Shane Wade, PE, Plan Review and Development Engineer ¥ Vacation of Alleyway Right-of-Way, between Case and Union Streets near Monroe Street and; Permissive Use of RfW for Fence along Union Street- City Staff recommends approval of these requests. Capital Region Medical Center plans to expand an existing parking lot east of their facility in order to offset proposed removal of parking with the Monroe Street Reconstruction Project. An existing unimproved alleyway between Case and Monroe Street abuts lots to be used for the parking expansion. A portion of this alleyway was vacated previously when the original parking lot was constructed. In addition, an existing 6' tall chain link security fence exists along the southerly portion of Union Street near Monroe. It is being proposed to extend this fence to accommodate the parking expansion. To accommodate vehicle overhang in the existing parking lot and for the proposed parking expansion , the only location available for the fence is to be on the street right-of-way. Removal of a portion of the existing fence may be necessary at the Monroe Street intersection , to maintain a 35' sight distance triangle at the intersection . Easement rights for utility purposes should be retained, as a sa nitary sewer exists within the alleyway. After approval by the Committee , these items will be placed on the City Council agenda for final approval. Any additional information can be provided if necessary . U:\Publi c Work s\Engin eer ing \swade\Public Works and P lanning\Cap. Rgn . Monroe Parking RW Fence\AIIe y Vacatio n and Fence Perm Use Memo .docx / / / / ' / ' / ' / ---~, / / / / / / / ' , / ' , / / v / , , ' / ' / / / / / / / / / / ' / / / / ' / " / ' / ' / / / / / / ' ' ' ' ' ' ' ' ' ~ ' ' ' ' ' ........... ' ' ' ' ' ' '0 1 inch 30 feet 0 15 30 60 90 I I I //A I / / / ,, / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / l1li.E ENGINEERING -SURVEYING -MATERIAlS TESTING I F1J1 lJCentral Missouri Professional Services, Inc. 2500 E . McCARTY Phone (573) 634-3455 JEFFERSON CITY, MISSOURI 6 5 101 FAX (573) 634-8898 /. Pro p osed fence f or Permiss ive Use of Right of Way. . Fence Capital Region Medical Center DATEOI/19/2015 I DRN. BY BKM DA OCD. BY BKI.I sc.-u: ,. = JO' 80CJ( REV. HLT 1 ~ 1 .QI Ho.BJ-005 I I 0 locclion of r ..... ., lo terch 1 inch = 20 feel 10 20 40 ( Graph!<: Scale -J'cel ) CONDITIONAL USE SITE PLAN NOTES: Ct!J~~c:c-~(41\ ~t.S.WV-"""" h. 01. ... 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Ott <( a:UJ 0 (.) ~..., (.) :E CII'S ,1()8 lb. 83·005 SIIELl Tln£ CONCEPT SITE LAYOUT Sll((1 h'\JU BER C-100 1 CY 1 SH£ETS APPLI CATION FOR VACATION OF RIGHT-OF-WAY/ALLEY/EAS EMENT PUBLIC WORKS & PLANNING COMMITTEE City of Jefferson -Department of Public Works j20 East McCarty Street, J efferson City, Missouri 65101 Phone (573) 634-6410 Fax (573) 634-6562 Date of application : January 14. 201 5 We, the undersigned property owners , hereby petition the City Council to vacate the following right-of-way/alley/easement: The wes terly 44.34' of existing public alley which lies east of a vacated a ll ey per Ordinance No. 1137 5. See Attached Drawing and Description . PRINTED NAME SIGNATURE ADDRESS OF PROPERTY MAILING ADDRESS ABUTTING VACATION Martin Grabanski, CRMC /4J., ~~"'.d!r 305 Case Av e . Capital Regi on Medical Center Attn : M artin Gra bansk i PO Bo x 1128 Jefferson City, MO 65102 Primary Contact(s) Martin G rabanski, Director of Facilities. Capital Region M edical Center Address: PO Box 1128. Jefferson City. MO 651 02 PHONE NO . 573-632-5050 Telephone Numbe r(s)_...,5c:...7,.3-_,.6""'32::..-..:::5""'05:::..:0::....._ ______________________________________ _ Section 35.5 .8. Vacations .. A fee~ set out in ARpendix Y s hall be pair .Qy all persons or corporations submittmg requests ror vacatron of easem ents .Qi r ghts-of-way. Appendix y_ Chapter 33-5.8. Vacation of Easement or Right-of-way $130.00 plus recording fee VA CATIO N ROW-Alley between Case and Union al Monroe Revised March 2012 Individuals should contact th e ADA Coordin ator at (573) 634-6570 to re q ues t accommod ation s or alterna tive forma ts as required under the Americans with Disa bilities Act. Please allo w 72 business hours to process th e request. --EXHIBIT _A __ ~ 31.12' UNION STREET f':\ I 5 @ C5 8c~ 1 2 3 4 5 6 ~7 9 1 inch =50 f eet z 0 -Eh Q en <.:> ID w I 0 0 25 50 100 150 a::: 0. (.!)tO :;i a::: -~;;!; !:::::....,~ 1-N48'52'06"W ~tziO ol w wl :::ECD U CD ( Graphic Scale -Feet ) w 44.16 p a:: S42'0 8'06 "W 1--en I 10.00 1'--... w Yl. 116.5' OF .lUEY !yN:.. ORO. 11375) EXISTlNG AU.EY 0 I I 0:::: I I tS '\. N4 ro7'54"E z u I Porn10.00 0 ~ ' C5 I MORRIS SUBDIVISION OF ~ w a.. :::::E PART OF O.L. 86 !7 o· I S48'52'06"E wu I z ID ;;:~~o :, 0 .... Jon . 1913 a:: .tg ~ (3 .,., 44.34' ~§ b.b. w I ~ a::: 0. >. g§ !.;( --:;i a::: -u ~ L ...., .... c 0 oco 10 ~g~ 0 tnzg;;; ? ~ i :z: l!l::J I I 1 :::Eemm "' ~ ~25 20 19 18 b 28 f~ 27 r 4 23 22 21 8 30 29 >. I") o L :5 ~ I") I ~ 0 .-Ol E ~b. I % v ·-0 0... (-.j ~~ t-u _c(/)<.0 r--.-0... CD <.0 LC) Q.JCU") U") ~we r--'?! I UlO I I • L{) r~ I ~e~ ~CD CD ,,z l.LI ~ CASE AVENUE .- in ,.., J/ 4 " Clinched Pip e .- C:-.1 ~ r.APITA REGIO N ~~ICAL I :z: 4 Central Missouri Professional Se rvi ces, Inc . TillE Request to Vacate Alley ENGINEERING -SURVEYING -MATERIALS TESTING f1JI DJJ[ 0 1/15/2015 CAN. sr BKM SCIU 1" = 50' BOa< 2500 E. McCARTY Phon• {573) 63+-3455 Capital Region Medical Center Rf.V. 1 ~ 1 JOIIw:J.83-005 JEFFERSON CITY, MISSOURI 6510 1 FAX {573) 634-8898 DolT£ Q<D. 111' JBR Slm' Capital Region Medical Center Monroe Parking Request to Vacate Alley January 14,2015 Job No . 83-Q05 ~------------ EXHIBIT A Description of Alley to be Vacated: Port of a 10.0 foot wide alley, being a port of Morris Subdivision of a Part of Outlot No. 86 , in the City of Jefferson, County of Cole, Missouri, as per plat of record in Plot Book 3, Page 5, Cole County Recorder's Office and being more particularly described as follows: BEGINNING at the northeast comer of Lot 26 of said Morris Subd ivision; thence N41'07'54 "E, 10.00 feet to the southerly line of Lot 5 of said Morris Subdivision; thence N48'52'06"W, along the southerly line of said Lot 5 and Lot 4, 44.16 feet to the boundary of the Vacated Alley, per Vocation Ordinance 11375; thence S42'08'06"W, along the boundary of said Vacated Alley, 10.00 feet to a point on the northerly line of Lot 27 of said Morris Subdivision; thence S48'52'06"E, along the northerly line of Lot 27 and Lot 26 , 44.34 feet to the point of beginning of this description. J. BRIAN ROCKWELL. MO. PLS #2524 CENTRAL MISSOURI PROFESSIONAL SERVICES MISSOURI STATE CERTIFICATE OF Alffi!ORITY #000355 APPLICATION FOR PERMISSIVE USE OF CITY PROPERTY AND/OR RIGHT-OF-WAY PUBLIC WORKS & PLANNING COMMITTEE City of Jefferson -Department of Public Works 320 East McCarty Street, Jefferson City, Missouri 65101 Phone (573) 634-6410 Fa x (573) 63 4-6562 The undersigned hereby request a permissive use of City property and/or right-of-way adjacent to the following described real estate : 304 Union Street (List the address of the request) This property is currently zoned RS-4 Present use of property ..:..P..:::a:.!.r~ki~n:.:::ag....::L:.::o::..:.t _______________________ _ Describe. exactlv what is beina reQuested .a nd th~ 01,1rpos~ of the request: . -perm1ss1ve use ot Right otWay tor an ex1stmg 6 tall cha1n link fence as well as a new e xtens1on to the ex1stlng fence (See Attached Drawmg). I he ex1sbng and proposed parking 1s so close to the Right of Way Line , it is required to have the fence on right of way for vehicle overhang . (Attach drawing, plan, etc. if applicable) The undersigned understands that if this application is approved by both the Public Works & Planning Committee and the Council , the use is a permissive use subject to termination by the City at any time, and the undersigned certify that they own the above described property. J 22 2015 Date: anuary , Property Owner(s) Signature(s) &.4 ~, · Printed Name of Property owner(s) Martin Grabanski, Director of Facilities, CRMC Address of Property owner(s) 1125 Madis on Street, Jefferson City, MO 65102 Phone Number(s)._5_7_3_-6_3_2_-5_0_5_o ____________________ _ Name of Applicant (if different from property owner)_ Address of Applicant. ___________________________ _ PhoneNumber(s) ______________________________ _ Appendix Y Chapter 32.2 .0 Permissive Use of Right of Way $130.00 fee (FOR CITY USE ONLY) ACTION BY THE PUBLIC WORKS & PLANNING COMMITTEE [ 1 Approved [ 1 Approved with Conditions [ 1 Disapproved Conditions of Permissive Use :. __________________________ _ Permissive Use ROW Revised September 9, 2 013 Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under th e Americans with Disabilities Act. Please allow three business days to process th e reques t. ... ... ... ... ... ...... ... ... ~ / , , ' Existing fence for Permissive / / / / / / / / / / / / / / / , '', Use of Right of Way. ', / / ' / " y / / '*>' / / ' " " .... ' / / / v / / / / / / " " ........ / " '" / / / / / / / / / / / / / / ' ' ,, / / / ' / ,, / / / / / nn.E ENGINEERING -SURVEYING -MATERIALS TESTING I FtR / / / I Proposed fen ce for Permissive Use of Right of Way. 11Central Missouri Professional Services, Inc . 2500 E. McCARTY Phone (573) 63-4-3455 JEFFERSON CITY. MISSOURI 65101 FAX (573) 63-4-8898 Capital Region Medical Center ... ... ... ... ... ... ... ... ............ ' ......... 1 inch 30 feet 0 15 30 60 90 -Existin Fence DATE01/19/L015 I!Rt. BY BKM SC.IIL ,. = JO ' IIO(J( Oli Cl<ll. BY BKM REV. HEr 1 C'F 1 .XII N0.83-005 Project Roadway Stadium, Monroe and Chr istym Jefferson and Stadium!1l Ove rlay/Di amond Grinding Capitol Avenue Streetsca pe (MSP) Old To wn Project Stormwater Satinwood Don Ray Culvert Replacement Midland Box Cul vert Replacement Working Li st for Remainder of Sales Ta x Cycle Westwood at Bassman and in 900 Block Elm Street at Vetter Lane Linden Drive at South Schoo l Belmont Street Kerma c to Glendale Air Streets Phase II 1 201 West McCarty Box Cu l vert lhler and Geneva Sidewa l k Marshal Street, McCarty to Capitol (CDBG) Airport Main runway replacement and field lighting Other Police Station HVAC design Wayfindi ng 2015 CIP Work Plan Associated Tasks to be Completed in 2015 Consultant Management, Right of Way and Easement Acquisition, Contracting, Construction Inspection and Management Consultant Management and Project Design, Ri ght of Way and Easement Acquisition Str eet Selection, Contracting, Constr uction Insp ecti on and Management Construction Staking. Inspection and Management Final design, Contracting. Con structi on Survey, design, easement acquisition, c ontract, and co n st r uct ion Estimated total of working list Scope, survey, design, contract, and construction Project management Project management Select co nsultant, project management, public input Estimate of 2015 Tasks $1,620,000 $457,000 $1,200,000 $183,000 $150,000 $200,000 $150,000 $6,925,000 $87,000 $25,000 Total Proje ct Estimate $1,800,000 $2,400,000 $1,200,000 $1,300,000 $600,000 $183,000 $150,000 $200,000 $1 ,095,000 $150,0 00 $6,9 25,000 $1,087,000 $267,500 Wastewater FY2015 Projects Estimate Actions needed . ~ . •' ~ -. ~ '' ' . -,_. ~ ... - BOND PROJECTS -Basin 5 & 6 Relief Sewer -Phase II $ 4M Construction Contract, easements -Basin 12 ReliefSewer $2M Construction Contract, easements -Walnut Odor Control Study $38,000 Engr. Contract March 16 WASTEWATER FUND -Woodward Sewer Replacements $120,000 No further -Algoa pump station bar screen $ 69,800 Contract February 17 -CSM Building Modification $ 55,000 Construction Contract March 2 -Sharon Drive Pump Station Elimination $ 50,000 Material purchases on consent agenda -Replace Blower at Treatment Plant $670,000 Design/build contract -Replace ABB Pump Station & Forcemain $860,000 Design & Construction contracts -Replace Fuel System at Hyde Park $ 65,000 Equipment& Installation contract TO: FROM: DATE: RE: DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES MEMORANDUM Public Works and Planning Committee Public Safety Committee Janice McMillan, Director of Planning and Protective Services February 16, 2015 Amendment to After Hours Club Regulation, Chapter 17 Section 17-33 pertains to licenses to "after-hours operations" and specifically cites an assembly use. Larry Burkhardt, Building Official, has reviewed the applicability of this code, and has recommended the use group be amended to "A-2" assembly use. The attached ordinance proposes this change. The schedule for committee review is: • Public Works and Planning Committee -February 19, 2015. • Public Safety Committee -February 24, 2015. cc Chief Schofield, Asst. Chief Turner Chief Schroeder BILL NO. _ __,l.=B.:.:.:.ill No.1 SPONSORED BY COUNCILMAN--------- ORDINANCE NO. ____________ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE CODE PERTAINING TO AFTER-HOURS OPERATION. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 17 (Licenses, Taxation And Miscellaneous Business Regulations) Section 33 (License Revocation for After-Hours Operation) is amended as follows: Sec. 17-33. License Revocation for after-hours operation. Any business license of any type shall be subject to revocation, if it is open to the public between the hours of 1:30 a.m. and 4:00 am. and during those hours in the area open to the public it: A. Fails to comply with the all requirements for an M A2 assembly as defined in the fire code, or any other provision of the fire code; or B. Fails to immediately consent to a fire inspection during those hours if the business is open to the public at the time of the requested inspection; or C. The license holder or its employees, knows or should have known that there was alcohol upon the premises of the licensed business or the parking lots adjacent to the licensed premise, and failed to report the same to the police department, unless such property has a valid liquor license; or D. The license holder or its employees, knows or should have known that there were illegal drugs upon the premises of the licensed business or the parking lots adjacent to the licensed premise, and failed to report the same to the police department; or E. Fails to have required permanent lighting outside the business; or F. Fails to properly control customers. If any customer becomes unruly or abusive, it shaJI be the duty ofthe license holder to call and fully cooperate with police, or other law enforcement authority. The license holder shall take appropriate and necessary steps to supervise the premises immediately outside the establishment, shall keep said premises free from litter, and shall not allow the premises to become a gathering location for customers. The licensee shall take reasonable steps, based on past incidents, to prevent persons who have recently left the establishment or who are waiting to enter the establishment from disturbing the peace, fighting, discharging firearms, or threatening or intimidating passers-by, and shall not permit such persons to engage in lewd or lascivious conduct 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 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES MEMORANDUM TO: Public Works and Planning Committee FROM: Janice McMillan, Director of Planning and Protective Services DATE: February 16, 2015 RE: Landowner Responsibility to Abate Nuisances Code enforcement regularly cites Chapter 21 to seek remedy from property owners on nuisance abatement, including its application to that area of land between the property line and adjacent alley or street. It was recently discovered that this responsibility could be stated more clearly in the code. The proposed ordinance, attached, amends Section 21-3 by specifically assigning responsibility for nuisance abatement to the adjacent property owner. BILL NO._ ...... l-=B=ill No.1 SPONSORED BY COUNCILMAN ________ _ ORDINANCE NO. ____________ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, DEFINING A LANDOWNERS RESPONSIBILITY AS IT PERTAINS TO ABATEMENT OF NUISANCES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 21 (Nuisances) Section 3 (Prohibited) is amended as follows: Sec. 21-3. Prohibited. A. It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance. B. It shall be the responsibility of any owner. lessee or occupant. or any agent. servant. representative or employee of any such owner. lessee or occupant having control of any occupied lot or land or any part thereof in the city to permit or maintain on any such lot or land, or on or along the sidewalk, street or alley adjacent to the same between the property line and the curb, any nuisance as defined herein and it shall be the duty of any owner. lessee or occupant of any lot or land to remove or abate any such nuisance in accordance with chapter. 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 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor 0 MARIEA, SIGMUND, . ' & BROWNING, LLC ATTORNEYS AT LAW f-ebr uary 13,2015 Via I ~lcctr o ni c Mn il (dh ilp c rt (ct)jciTc itv m o.org) and V i a llnnd Dc li vcr r Dr ew Hilp e rt C ity Att o rn ey C ity or Jefferso n 320 E. McCarty .lclkrso n Cit y. J'vlissour i 65 10 I Rc: Co nse nt to Ass ignm ent or Lc:1sc Dear iVIr. Hi lper t: Timo th y 7: Sigmund 305 East McCarty Street , Sic. 300 Jeffe rson C ity, Misso uri 65 10 I (573) 635-7699 (573) 635-7425/facsi m ile 1 s i g mund @ msbla w fi rm.com My client, Dr. iv!idutel Rya n. has entered into a Pun.:hase Agree ment for th e acquis itio n ol' an a ir craft hange r at the Je ffe rso n C it y iv!c mor ia l Ai rp ort. The selle r is Dr. Ne d 1\. Hu g who did e nt er int o a r .case 1\g re~.:m c n t fo r t he pre mises on which the han ge r is lo ca ted ; suc h T .e ase Ag ree me nt da te d June 30. 200 5 a nd approv~.:d by th e City purs uant to O rdinance No. 13884 (the ··L ease··). As part or th e purc hase , Dr. Ryan intends to assig n the Pur c hase Ag re e ment to a new e nt ity that he is lo nning ca ll ed J\c ro-ivli sso mi , I,LC whi ch w ill pmc hasc th e han ger ancltnk e an ass ig nm e nt o f th e Le ase . Pur s ua nt to ;\rti c.:k Vli.E of th e Lease, the a ss ignme nt req uir e s the app ro val o l' th e C ity throug h th e Dir ec tor of' the Depa rtm en t of Com munit y Dev~..:lo pment. You indi ca ted tha t it wi ll also ta ke Ci ty Cou ncil ac ti o n to approve th e ass ignment. Plea se let thi s lett er se rve as om req ues t that th e C it y approve the ass ig nment or th e Lease fro m Dr . Ne d 1\. 1-lug to A~.:r o-iv li sso ur i. LL C Th e pa rti es inte nded to cl ose on th e ac quisi t ion o n Monda y, February 16. 20 15. l lowcvcr. as I un ders ta nd it. th~.: nc:-;t Co un c il mee ti ng is on Tu ~.:s da y. the I t h. As s uch. I request that. il' at al l po ssi ble. this requ es t fo r approva l be pl ace d on th e age nda for the Tu esday tn ei..:li ng. I believe that the next renewal date for the Lease is June I, 2015. Obviously, Aero- Missouri, LLC \Viii be seeking a renewal. As 1 read the Lease, the rental rates for the renewal tcnu arc to be negotiated. \Vc can address that issue after the written approval is obtained. Of course, please call me if you need additional information. T thank you in advance for your cooperation. ~~~BRO~Io Timothy 'f. Stgmund, Attorney cc: Dr. Ryan (via facsimile) LEASE AGREEMENT BETWEEN CITY OF JEFFERSON AND AERO-MISSOURI L.L.C. INDEX TO LEASE AGREEMENT ARTICLE I.................................................................................................................................. 1 PREMISES AND PRIVILEGES....................................................................................... 1 DESCRIPTION OF PREMISES DEMISED......................................................... 1 USE OF PREMISES DEMISED ....................................................................... 2 OBSERVANCE OF STATUTES, ETC.............................................................. 2 ARTICLE II ................................................................................................................................... 2 INGRESS AND EGRESS ................................................................................................. 2 ARTICLE III .................................................................................................................................. 2 OBLIGATIONS OF LESSEE ........................................................................................... 2 NET LEASE .......................................................................................................... 2 MAINTENANCE AND REP AIR......................................................................... 2 ALTERATIONS AND REPAIRS TO PREMISES .............................................. 3 UTILITIES . .. . .. .. . .. .. . .. ... . .. ... . .. . . . . .. . ... .. . . .. . . .. .. . .. . .. .. . .. . . . .. . .. .. .. . .. .. ... .. . .. ... .. .. . ... .. .... .. . 3 TRASH, GARBAGE ETC................................................................................... 3 SIGNS 3 FIELD USE CHARGES........................................................................................ 3 NONDISCRIMINATION ...................................................................................... 3 FAA & AIRPORT INSTRUMENTS.......................... . . 4 ARTICLE IV ................................................................................................................................. 4 TERM OF LEASEHOLD .................................................................................................. 4 ARTICLE V ................................................................................................................................... 4 RENTALS AND FEES ...................................................................................................... 4 GENERAL ............................................................................................................. 4 FACILITIES RENTAL ........................................................................................... 4 TIME AND PLACE OF PAYMENT .................................................................... 5 NATIONAL EMERGENCY............................................................................ 5 ARTICLE VI ................................................................................................................................. 5 INSURANCE BY LESSEE ............................................................................................... 5 LIABILITY INSURANCE .................................................................................... 5 RESTORATION OF CASUALTY LOSSES ........................................................ 5 ARTICLE VII ................................................................................................................................ 6 TERMINATION ...................................................................................................... 6 CANCELLATION BY LESSEE ........................................................................... 6 CANCELLATION BY LESSOR .......................................................................... 7 WAIVER OF STATUTORY NOTICE TO QUIT ................................................ 7 ASSIGNMENT AND SUBLETTING .................................................................. 7 ARTICLE VIII............................................................................................................................ 8 RIGHTS UPON TERMINATION .................................................................................... 8 2 FIXED IMPROVEMENTS .............................................................................. 8 PERSONAL PROPERTY ..................................................................................... 8 ARTICLE IX ................................................................................................................................. 8 OBLIGATIONS OF LESSOR........................................................................................... 8 SNOW REMOVAL . . . . . ................................................................................. 8 SECURITY................. ...................................................................... 8 ARTICLE X ................................................................................................................................... 8 GENERAL PROVISIONS ................................................................................................ 8 LESSOR'S RESERVED RIGHTS................................................................... 8 NON-INTERFERENCE WITH OPERATION OF AIRPORT ............................. 9 RELOCATION OF IMPROVEMENTS ............................................................... 9 LESSOR'S OPTION TO PURCHASE ................................................................ 10 SERVICES........................................................................................................... 10 PARAGRAPH HEADINGS ................................................................................ 10 NOTICES, CONSENTS AND APPROVALS.................................................... 10 SUCCESSORS AND ASSIGNS......................................................................... 11 AMENDMENTS TO LEASE.............................................................................. 11 ARTICLE XI ............................................................................................................................... 11 NON-EXCLUSIVE RIGHTS .......................................................................................... 11 3 LEASE AGREEMENT THIS LEASE made and entered into this __ day of March, 2015 by and between the City of Jefferson City, Missouri, a municipal corporation, hereinafter designated as "Lessor" and Aero-Missouri L.L.C., hereinafter designated as ALessee". WITNESSETH WHEREAS, the Lessor now owns and operates the Jefferson City Memorial Airport, located in Jefferson City, Missouri; and WHEREAS, the Lessee wishes to occupy the hereafter described premises and the Jefferson City Memorial Airport. NOW, THEREFORE, for and in consideration of premises and mutual undertakings, agreements and covenants hereinafter set forth, the parties hereto agree as follows: ARTICLE I PREMISES AND PRIVILEGES For and in consideration of the tern1s. conditions and covenants of this Lease to be performed by Lessee, all of which Lessee accepts, Lessor hereby leases to Lessee and Lessee hereby hires and takes fron1 Lessor certain property, together with improvements thereon, if any, (hereinafter called "demised premises") located upon the Airport (hereafter "airport"), and certain attendant privileges, uses and rights, as hereinafter specifically set out. A. DESCRIPTION OF PREMISES DEMISED The demised premises hereby leased is that certain tract of real estate described in Exhibit A, which is attached hereto an incorporated by reference into this agreement. B. USE OF PREMISES DEMISED Lessor hereby grants Lessee the right to use said demised premises for the purpose of storing thereon an airplane or airplanes for Lessee=s personal use. Lessee shall not use or permit the use of any part of the demised premises in any other manner than set forth above, without the prior written consent of Lessor. DISPENSING and SALE of aviation fuels and lubricants is prohibited. C. OBSERVANCE OF STATUTES. ETC. 4 The granting of this Lease and its acceptance by Lessee is conditioned upon the right to use said public airport facilities in common with others authorized to do so, provided however, that Lessee shall observe and comply with any and all requirements of the constituted public authorities and with all Federal. State or local statutes, ordinances, regulations and standards applicable to Lessee or its use of the demised premises, including but not limited to rules and regulations promulgated from time to time by the Lessor for the administration of the airport. ARTICLE II INGRESS AND EGRESS Upon paying the rental hereunder and performing the covenants of this Lease, Lessee shall have the right of ingress to and egress fron1 said demised premises for the Lessee, its officers, employees, agents, servants, customers, vendors, suppliers, patrons, and invitees over the roadway provided by Lessor serving said premises, and the right of ingress to and egress from the landing area for airplanes. Said Lessor's roadway, aircraft parking ramps and taxiways shall be used jointly with other tenants on the airport and Lessee shall not interfere with the rights and privileges of other persons or firms using said facilities. The Lessor reserves the right to restrict access to the demised premises during times of flooding or imminent flooding or on the fourth of July. ARTICLE III OBLIGATIONS OF LESSEE A. NETLEASE The use and occupancy of the demised premises by Lessee will be without cost or expense to Lessor. It shall be the sole responsibility of Lessee to keep, maintain, repair and operate the entirety of the demised premises and all improvements and facilities thereon at Lessee's sole cost and expense. B. MAINTENANCE AND REP AIR Lessee shall maintain the demised premises at all times in a safe, neat and sightly condition and shall not permit the accumulation of any trash or debris on the premises, and shall remove such debris to a disposal site off the demised pren1ises of the Airport. C. ALTERATIONS AND REP AIRS TO PREMISES Further, Lessee agrees not to construct. install, or remove, modify and/or repair any of the demised premises leased hereunder without prior written approval of the Lessor, such approval not to be unreasonably withheld but shall be contingent upon approval by Lessor of plans and specifications for the proposed project as well as other operating conditions considered by Lessor to be necessary. 5 Lessee shall hold the Lessor harmless and reimburse it for any and all expenses of any nature whatsoever arising out of any claim for said improvements, changes or repair. Cancellation of the Lease shall not be deemed a waiver of the Lessee's other remedies at law. D. UTILITIES Lessee shall assume and pay for all costs or charges for utility services furnished to Lessee during the term hereof; provided, however, that Lessee shall have the right to connect to any and all storm and sanitary sewers and water and utility outlets at its own cost and expense; and Lessee shall pay for any and all service charges incurred therefor. E. TRASH. GARBAGE, ETC. Lessee shall provide a complete and proper arrangement for the adequate sanitary handling and disposal, away from the Airport, of all trash, garbage and other refuse caused by a result of the operation. Lessee shall provide and use suitable covered metal receptacles for all such garbage, trash and other refuse. Piling of boxes, cartons, barrels or other similar items, in an unsightly or unsafe manner, on or about the demised premises, shall not be permitted. F. SIGNS Lessee shall not erect, maintain, or display upon the outside of any improvements on the demised premises any billboards or advertising signs, except the Lessee may install a sign identifying the organization and displaying its official logo approved by Lessor. Provided, however, Lessee must apply for and obtain a permit for any signage from the Lessor. G. FIELD USE CHARGES Nothing herein shall be deemed to relieve Lessee and its sublessees, invitees, and others from field use charges or other fees, as are levied generally by Lessor directly upon the operation of aircraft. H. NONDISCRIMINATION The Lessee for its self, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained. or otherwise operated on the said property described in this Lease for a purpose for which a Departtnent of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. The Lessee for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: ( 1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of 6 said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or othenvise be subjected to discrimination, (3) that the Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs ofthe Department of Transportation, and as said Regulations may be amended. Lessee shall comply with all FAA and U.S. Code requirements as to nondiscrimination. I. F.A.A. AND AIRPORT INSTRUMENTS The Federal Aviation Administration and the Lessor are hereby granted the right and privilege by Lessee to place on and around the demised premises, without cost to the Lessee, whatever instruments and equipment they desire during the term of this Lease, so long as said instruments or equipment do not interfere with the intended use of the demised premises by the Lessee. ARTICLE IV TERM OF LEASEHOLD The term of this Lease shall be for one ( 1) year subject to earlier termination for cause as provided herein. The first term of the Lease shall be from April 1, 2015 until October 1, 2015. There shall be a mutual option to renew for nineteen ( 19) one ( 1) year terms which shall be from November 1st of each year to October 31st of the following year. The option to renew shall be considered exercised unless one party notifies the other six months in advance of its intention to opt out of this lease. ARTICLE V RENTALS AND FEES A. GENERAL For the ground area herein demised, Lessee shall pay to Lessor a fixed annual rental as hereinafter set forth. B. FACILITIES RENTAL Rent shall be as provided in Exhibit B, which is attached hereto an incorporated by reference into this agreement. Such sum is to be paid annually on or before the execution of this Lease and on or before the annual anniversary of this Lease. C. TIME AND PLACE OF PAYMENT All payments are to be made to the Lessor c/o City of Jefferson, Department of Public 7 Works, Airport Division, 320 East McCarty Street, Jefferson City, Missouri 65101, or such other place the Lessor may direct Lessee, in writing. D. NATIONAL EMERGENCY In the event possession of the den1ised premises and the improvements thereon is assumed by the United States of America under any emergency powers, the rent due under this Lease shall abate for the period of such possession. If the Lessee shall be reitnbursed by the United States Government for its assumption of possession, then the rental provisions of this Lease shall remain in effect, but provided further, however. that if said rein1bursement is less than the amount of rental herein provided, the Lessee shall be required to pay to the Lessor only such amount of reimbursement as it shall receive from the United States Government. ARTICLE VI INSURANCE BY LESSEE A. LIABILITY INSURANCE Under the advice of the Attorney General of the State of Missouri, Lessor is unable to maintain public liability insurance in the name of the Lessee. Lessor does not abrogate its sovereign immunity except as worded in Sections 537.600 to 537.650, RSMo 1980. In lieu of maintaining public liability insurance in the amounts of not less than $100,000/$1,000,000 with reputable insurance companies, insure the Lessor against any and all claims for damages arising from the use, control, or maintenance of aircraft on the demised premises by the Lessee or its employees, Lessor participates in the State of Missouri Legal Expense Fund. Lessor shall produce written evidence of its participation and any limitations. B. RESTORATION OF CASUALTY LOSSES In the event of fire or other loss to the demised premises, Lessee shall within ninety (90) days thereafter promptly restore the demised premises to their condition prior to such loss. Notwithstanding the foregoing, if the demised premises are totally destroyed or damaged to an extent which substantially interferes with the ability of Lessee to conduct its business on the demised premises, then the Lessee shall have the option to remove the damaged improvement and the debris resulting therefrom and restore the surface condition of said demised premises to its original condition, at which date this Lease shall be deemed canceled. If said destruction is of such extent that complete rebuilding is necessary, the Lessee may elect to rebuild and shall have a reasonable period of time in which to complete said rebuilding, during which period the Lessee shall continue to pay the Lessor the rents provided in this Lease or any renewal thereof. ARTICLE VII TERMINATION OF LEASE, ASSIGNMENT. TRANSFER AND CANCELLATION A. TERMINATION 8 This Lease shall terminate at the end of the full term hereof or the option term, if exercised, and Lessee shall have no further right or interest in any of the ground improvements hereby demised, except as provided in Article VIII. B. CANCELLATION BY LESSEE This Lease shall be subject to cancellation by Lessee after the happening of one or more of the following events: 1. In the event Lessor should cease to operate or maintain an airport adjacent to the demised premises. 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control or use of the Airport, or any substantial part or parts thereof, in such a manner as substantially to restrict Lessee for a period of at least ninety (90) days fron1 operating thereon. 3. Issuance of any court or competent jurisdiction of any injunction in any way preventing or restricting the use of the Airport, and the remaining in force of such injunction for a period of at least ninety (90) days. 4. The default by Lessor in the performance of any covenant or Lease herein to be performed by Lessor and the failure of Lessor to remedy such default for a period of sixty (60) days after receipt from Lessee of written notice to remedy the same. Lessee may exercise such right of cancellation by written notice to Lessor at any time after the elapse of the applicable periods of time and this Lease shall terminate as of that date. Rentals due hereunder shall be payable only to the date of said termination. C. CANCELLATION BY LESSOR This Lease shall be subject to cancellation by Lessor in the event Lessee shall: 1. Abandon the demised premises. 2. Discontinue its operations as outlined in Article I, Section B. 3. Defaults in the paytnent of rent within five (5) days after being due, then Lessor after giving written notice of default may within ten (1 0) days thereafter elect to declare this Lease forfeited, in which event Lessee shall surrender possession of said premises peacefully to the Lessor. If Lessee shall default in any of the other covenants herein contained and shall continue in such default for a period of thirty (30) days after notice thereof in writing from the Lessor, the Lessor shall have the election to declare this Lease forfeited and thereupon, the Lessee shall surrender possession of said premises. Lessee shall have the right to remove the improvements from the demised premises as provided herein with respect to 9 removal on termination of the Lease, except that Lessor may require any back rental payments to be made before allowing such retnoval. 4. If Lessee fails to obtain any insurance required by this contract, or if any insurance policy required by this contract expires or is canceled, then Lessee shall cease all operation on demised premises until proper insurance is obtained. If proper insurance is not obtained within fifteen (15) days then Lessor may declare this Lease forfeited. In any of aforesaid events, Lessor n1ay take immediate possession of the demised premises and remove Lessee's effects, forcibly, if necessary, without being deemed guilty of trespassing. Upon said default, all rights of Lessee shall be terminated provided, however, Lessor and Lessee shall have and reserve all of their available remedies at law as a result of said breach of this contract. Failure of Lessor to declare this Lease tetminated upon the default of Lessee for any of the reasons set out shall not operate to bar, destroy or waive the right of Lessor to cancel this Lease by reason of any subsequent violation of the terms hereof. D. WAIVER OF STATUTORY NOTICE TO QUIT In the event Lessor exercises its option to cancel this Lease upon the happenings of any or all of the events set forth in Section C (Cancellation by Lessor), a notice of cancellation shall be sufficient to immediately cancel this Lease; and, upon such cancellation, Lessee hereby agrees that it will forthwith surrender up possession of the demised premises to the Lessor as set forth in Article VIII. E. ASSIGNMENT AND SUBLETTING The Lessee shall not sublease, or assign this Lease without first obtaining the written approval of the Lessor; but in such event, Lessee shall remain liable to Lessor for the remainder of the term of the Lease to pay to Lessor any portion of the rental and fees provided for herein. Said sublessee or assignee shall not sublease or assign said Lease except with the prior written approval of Lessor and Lessee herein, and any assignment by the Lessee shall contain a clause to this effect. ARTICLE VIII RIGHTS UPON TERMINATION A. FIXED IMPROVEMENTS At the termination of this Lease for any reason, Lessor shall be entitled at its option to have the demised premises returned to it clear of all fixed improvements above ground level which have been constructed by Lessee and restored to its original condition. Request for said removal shall be set forth in writing by Lessor to Lessee thirty (30) days prior to termination of this Lease. If removal is not requested prior to said thirty (30) days, Lessee shall have no obligation for such removal. 10 If Lessor requires such removal, Lessee may have ninety (90) days after termination in which finally to remove any such improvements, and provided that such occupancy for purposes of removal shall be subject to ground rentals due hereunder. If Lessee fails to remove said improvements, they may thereafter be removed by Lessor at Lessee's expense. The Lessee shall be the owner of all of the improvements which it makes on the demised premises at its expense. Upon the termination of this Lease, or any renewal thereof, Lessee shall have the right to remove the said improvements at the cost of the Lessee, it being the purpose of the parties that the title to said improvements shall not inure to the Lessor through the theory of annexation. In the event Lessee elects to remove the improvements, Lessee shall at its cost restore the demised premises to their condition prior to the placing of the improvements thereon. B. PERSONAL PROPERTY Upon termination of this Lease, Lessee shall remove all personal property from the demised premises within ten ( 1 0) days after said termination and if Lessee fails to remove said personal property, said property may thereafter be removed by Lessor at Lessee's expense. A. SNOW REMOVAL ARTICLE IX OBLIGATIONS OF LESSOR The Lessor will make every effort to clear snow and ice from parking and apron areas. Removal will be done on a priority basis with runways and taxiways having priority. B. SECURITY The Lessor will encourage police to patrol the Airport terminal and apron areas. ARTICLE X GENERAL PROVISIONS A. LESSOR'S RESERVED RIGHTS 1. Lessor reserves the right (but shall not be obligated to Lessee) to maintain and keep in repair the landing area of the airport and all publicly-owned facilities of the airport, together with the right to direct and control all activities of the Lessee in this regard. 2. Lessor reserve the right further to develop or improve the landing area and all publicly-owned air navigation facilities of the airport as it sees fit, regardless of the desires or views of the Lessee, and without interference or hindrance. 3. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to 11 prevent Lessee from erecting, or permitting to be erected, any building or other structure on the airport which in the opinion of Lessor would limit the usefulness of the airport or constitute a hazard to aircraft. 4. During time of war or national en1ergency Lessor shall have the right to enter into an Lease with the United States Government for military or naval use of part or all of the landing area, the publicly-owned air navigation facilities and/or other areas or facilities of the airport. If any such Lease is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the Lease with the United States Government, shall be suspended. 5. It is understood and agreed that the rights granted by this Lease will not be exercised in such a way as to interfere with or adversely affect the use, operation, maintenance or development of the airport. 6. There is hereby reserved to the Lessor, its successors and assigns, for the use and benefit of the public, a free and unrestricted right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from, or operating on or about the airport. 7. This Lease shall become subordinate to provisions of any existing or future Lease between the Lessor and the United States of America or any agency thereof relative to the operation, development. or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport. 8. Lessor, through its duly authorized agent, shall have at any reasonable time during business hours the full and unrestricted right to enter the demised premises for the purpose of inspection. B. NON-INTERFERENCE WITH OPERATION OF AIRPORT Lessee by accepting this Lease expressly agrees for itself, its successors and assigns that it will not make use of the demised premises in any manner which might interfere with the landing and taking off of aircraft from the Airport or otherwise constitute a hazard. In the event the aforesaid covenant is breached, Lessor reserves the right to enter upon the premises hereby leased and cause the abatement of such interference at the expense of the Lessee. C. RELOCATION OF IMPROVEMENTS In the event Lessor requires the demised premises for expansion or development of the airport Lessor reserves the right, on six (6) months' notice, to relocate or replace Lessee's improvements in substantially similar forn1 at another location on said Airport. In said event, Lessee shall have the right to terminate this Lease. D. LESSOR'S OPTION TO PURCHASE 12 Lessor reserves the right to purchase the improvements constructed on the premises by Lessee at the termination of the lease on the following tenns: The Lessor and Lessee shall each obtain an appraisal on the improvements. If the appraised values are within ten percent (10%) of each other, then the average of the two appraised values will determine the purchase price, but if the values differ from each other by more than ten percent ( 1 0%) then the purchase price will be negotiated. In the event the City desires to exercise the option to purchase, it shall give to the Lessee, in writing, notice of its intention to purchase the improvements six ( 6) months prior to the purchase. Lessee may elect to retain and ren1ove said improvements from the demised premises at its own cost and at no cost to the Lessor and Lessee shall also at its cost restore the demised premises to their original condition, prior to improven1ents. E. SERVICES The Lessor shall have no responsibility or liability to furnish any services to Lessee other than those specified in this Lease, but Lessee may negotiate with Lessor for any additional services it may request and shall pay for such additional services the consideration so negotiated. F. PARAGRAPH HEADINGS The paragraph headings contained herein are for convenience in reference and are not intended to define or limit the scope of any provision of this Lease. G. NOTICES. CONSENTS AND APPROVALS Whenever any notice or payment is required by this Lease to be made, given or transmitted to the parties hereto, such notice or payment shall be deemed to have been given if enclosed in an envelope with sufficient postage attached to insure deliver, and deposited in the United States mail, addressed to: LESSOR ..................... City of Jefferson Department of Public Works, Airport Division 320 East McCarty Street Jefferson City, MO 65101 LESSEE ...................... Aero-Missouri L.L.C. or such other place as either party shall in writing designate in the manner herein provided. H. SUCCESSORS AND ASSIGNS All of the terms, covenants and agreements herein contained shall be binding upon and shall inure to the benefit of successors and assigns of the respective parties hereto. I. AMENDMENTS TO LEASE 13 All amendments to this Lease must be made in writing by mutual Lease to the parties, and no oral amendments shall be in force or effect whatever. ARTICLE XI NON-EXCLUSIVE RIGHTS It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of any exclusive right within the meaning of Section 308 of the Federal Aviation Action of 1958. Lessor reserves the right, at its sole discretion, to grant others certain rights and privileges upon the Airport which are identical in part or in whole to those granted to Lessee. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the date first above mentioned at Jefferson City, Missouri. CITY OF JEFFERSON, MISSOURI Aero-Missouri L.L.C. Mayor ATTEST: ATTEST: City Clerk Approved as to Form: City Counselor 14 DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES TO: FROM: DATE: RE: MEMORANDUM Public Works and Planning Committee Janice McMillan, AICP, Director February 13, 2015 PPS Monthly Reports Please find attached, Building Permit and Food Service Inspections for January 2015. Building Permits may be viewed via: http://www.jeffcitymo.org/pps/inspections/permits.html. Please direct questions to Larry Burkhardt, Building Official. Building Permit Type Jan Dec Nov FY2015 FY2014 2015 2014 2014 To Date Actual* Nonresidential-New 0 0 0 0 10 Nonresidential-Additions, Alterations 10 10 10 30 133 Residential-New 2 2 2 6 63 Residential-Alterations, Additions 10 11 9 30 184 Total Building Permits* 12 23 21 66 390 Demolitions -Nonresidential 0 0 0 0 11 Demolitions -Residential 3 0 7 7 25 *Does not include electrical, plumbing or sign permits issued The Food Establishment Report may be viewed via the following link: http://www.jeffcitymo.org/pps/inspections/restaurantinspection.html. Please direct questions to David Grellner, Environmental Health Manager. NumberofFoodlnspecuons Violations Period Food Service/ Critical Noncritical Retail Food Jan 2015 56 5 90 Dec2014 70 9 137 Nov 2014 61 28 107 FY2015 To Date 187 42 334 FY2014 Actual 664 76 787 Date work Date called Date done in Completed 11 14113 11 14113 11 15113 11113113 11113113 11 113113 11 115113 511411 3 11 114113 11 114113 11 119113 11127113 11128113 1213113 1213113 1218113 12110113 12110113 121101 13 12111 113 12111 113 12118113 12118113 12123 /13 12/26/13 1/1/14 1/1/14 1/2114 1/3114 1/5114 1/7/14 1/1211 4 1112/14 1/20/14 1/20/14 1120114 5/6/14 2/4/14 213114 211 1114 211311 4 2118114 2/18114 2/21/14 2/24114 2/28114 3/7/14 3/18/14 4/2/14 4/2/14 4/7/14 4/1611 4 4116/14 4/16 /14 4/23 /14 4/24 /14 4/28/14 Missouri A me rican Water Street C ut a nd Rig ht-of-Way ovem e r ' -e ru ary ' N b 1 20 13 F b 15 201 5 Days Location Permit Active No 2207 S che ll Ridge 20720 1822 Cedar Ridqe 20721 Sati nwood Dri ve I Melody 20722 3032 Oak Valley Drive 20723 1901 Bassman 20724 316 Ash Street 20725 603 Meir 20726 Westwood I Wood Cliff 20727 1310 East H igh Street 20728 1210 Edqewood 20729 636 Belmont 20730 2109 Edqewood Dri ve 20731 11 19 Darlene 20732 719 Wicker Lane 20733 709 E McCarty S treet 20734 2 107 Rea r Mo. Blvd . 20735 200 Blk Filmore 20736 1306 Emm ie nce 20737 623-625 W McCarty Street 20738 1505 Southwest Blvd . 20739 Marilyn I Oak v iew 20740 1122 Eas t Atchison 2074 1 150 4 B al d Hill Road 20742 McCarty Street I M anill a 20743 Pi erce I Edwards 20744 710 Wicker L ane 20745 708 Wicker Lane 20746 1515 Ro sewo od 20747 1120 Carol Street 20748 Douglas I Wayne 20749 130 Boonvi lle Road 20750 1314 Moreau Drive 20751 106 311 E H iqh Street 20752 138 Fo rest Hi ll 20753 1225 Hi gh Cliff 20754 1551 Bald Hi ll Road 20 755 216 - 218 McKi nley S tree t 2081 1 1408 Eas t H iqh (Alley) 20812 317 Stadi um 20813 1 00 B lk East Ashley 20814 306 N Li ncoln 20815 Ponda rosa Stree t 20816 2708 Tw in Hi ll s 20 817 Edmonds I Du ll e 20818 L ocust I Wa lsch 20819 Hiberi a/Mokane Road 20820 10 4 W . Fra nkli n 2082 1 12 15 Edqewood 20822 1801 N ot re D am e 20 823 2940 Valley Vi ew Dri ve 20 824 2107 Bueh rle Dr 20825 1010 H olly 20826 Maryland and Lowell 20827 606 Washinqton Street 20828 300 Block East High 20829 700 Block SW Blvd 20830 Page 1 of 5 Description C l osed C l osed C losed Cl osed Cl osed Cl osed -New Main Cl osed C losed Cl osed C losed Open-Yard Continue to Wash C losed C losed Closed Closed Closed Closed Closed Clo sed Cl osed Closed C losed C losed C losed C losed C losed - New Main C losed - New Main C losed C losed Closed Open -Waiting hot mix placement C losed Closed C losed C losed C losed C losed C losed C losed C losed C losed C losed Closed -Dri veway q uestion Closed Closed Closed C losed C losed C losed C losed Closed Closed Closed Closed Closed Open -Waiting asphalt replacement Misso uri A me ri ca n Wa ter Street C ut an d Righ t-of-W ay o ve m er ' 0 -e ru ary ' N b 1 2 13 F b 15 2 015 Date work Date called Date Days Location Perm it Description done in Completed Active No 4/26/14 206 John St 2083 1 C losed 4/28/14 4/29/14 5/15/1 4 17 102 Vista 20832 Closed 4/28/14 4/29/1 4 5/1/14 3 1308 CottaQe Lane 20833 Closed 4/28/1 4 4/29/14 5/6/14 8 2215 Hi ll sdale 20834 Closed 4/29/14 4/29/14 5/6/14 7 421 Ladue Rd 20835 Open -D riveway Issues 5/1/14 505 M eier D r 20836 Closed 5/8/14 5/13/14 5/14/14 6 Hi llsdale and Bi nder 20837 Closed 5/12113 5/13/14 2600 Jason Road 20838 Closed 5/13/14 5/14/14 1 101 Industrial Drive 20839 Closed 5/20/14 5/20/14 6/4/14 15 44 11 Indus trial 20840 Closed 5/21 /14 5/21/14 6/4/14 14 32 1 Wilson Dri ve 2084 1 Closed 5/27/14 5/28/14 Industrial and Jaycee D r 20842 Closed -New Ma in 5/30/13 6/3/14 6/4/14 370 22 12 Oakview Drive 20843 Closed 6/4/14 6/5/14 West Ma in and MO Blvd 20844 Open -Awa i ti no street repairs 6 /6/14 6/9/14 327 Fox Creek 20845 Closed 6/11/14 6/9/14 619 Houchin 20846 Closed 6/20/14 6/23/14 7/15/14 1505 Stadi um 20847 Closed 6/30/14 7/1/14 7/15/14 400 Bl ock Jackson 20848 Closed 6/30/14 7/3/14 7/15/14 1306 West Mai n 20849 Closed 7/1/14 7/3/14 8/14/14 21 1120 Lee S treet 20850 Closed 7/5/14 7/8/14 10/3/14 58 114 Ridgeway 20851 Closed 717/14 7/8/14 7/15/14 1502 Greenberry 20852 Closed 7 /13/2014 7/22/2014 8/19/2014 37 1429 Dixon Drive 20853 Closed 7/17/20 14 7/22/2014 2025 West Edgewood Dr 2085 4 Clos ed 7 /17/20 14 7/22/2014 Hi ebernia 20855 Closed 7/23/2014 7/23/2014 8/11/2014 19 1319 E Elm Street 20856 Clos ed 7/23/2014 7/25/2014 8/1/20 14 10 103 East Ci rcl e 20857 Closed 7/23/2014 7/25/2014 8/11 /2014 19 700 Block of Mich i gam 20858 Closed 7/28/2014 7/26/2014 200 block of S. Bluff S tre et 20859 Clos ed 7/30/2014 7/31/2014 West Ashley and Mu l be rry 20860 Closed 8 /16/2014 8/1/2014 11 /4/2014 65 1827 W. McCarty 20933 Closed 8/22/2014 8/26/2014 10/7/2014 E ast Mill er and Marsha l l 20934 Closed 8/21 /20 14 8/22/2014 421 Uni on 20935 Open 9/8/2014 9/8/2014 9/17/2014 9 Ridgeway and Oakview 20936 Closed 9/16/2014 9/17/2014 10/1/2014 10 2500 Country Club 20937 Closed 1017/2014 10/9/2014 21 2 Broadway 20938 10/13/2014 10/16/2014 11 /4/2014 15 DoQ wood/Bu ehrle 20939 C l osed 10/16/2014 10/20/2014 11 /4/2014 13 16 05 Bald Hill Rd 20940 Closed 10/28/2014 10/29/2014 12/2/2014 22 2600 Schell ridge 20941 Closed 11 /13/2014 11 /17/201 4 50 1 Mesa 20942 11/14/2014 11 /17/2014 12/2/2014 18 837 Crestmere 20943 Closed 11/18/2014 11/19/2014 1924 Haysel ton 20944 11/27/2014 12/1/2014 Donald Dr 20945 12/2/2014 12/3/2014 Donald Dr 20946 12/26/20 14 12/29/2014 1/20/2015 16 1308 Hou chins 20947 Clos ed 12/26/2014 12/29/2014 1/20/2015 16 Dunk l in and Houc hin s 20948 Closed 1/1/2015 1/5/2015 2/6/2015 26 1902 MO Blvd/Beck St 20949 Clos ed 1/1/2015 1/15/2015 2/1 1/2015 30 413 Beck S t 209 50 C losed 1/6/2015 1/6 /2015 1/21/2015 12 300 Berry St 20951 C losed 1/7/2015 1/9/2015 1/14/2015 6 2503 Industria l Drive 20952 C losed 1/10/2015 1/1 1/2 015 1/2 7/2 01 5 11 Morel and and Morea u 20953 C losed 1/10/20 15 1/11/2015 1/20/2015 7 1320 More land 20954 C losed 1/10/201 5 1/1 1/2015 2/6/20 15 20 2306 Hi ll sdale 20955 C l osed 1/11/201 5 1/11/2015 1/21/2015 8 Boonvi l le and West Ma i n 20956 C l osed 1/17/2015 1/21/2015 2/6/201 5 15 823 Prim rose 20957 C losed 1/20/20 15 1/21/2015 1/27/2015 5 117 E Circle 20958 C l osed 1/16/20 15 1/2 1/2015 1/30/2015 1 1 414 Hess Way 20959 C l osed 1/19/20 15 1/21/2015 1/27/2 01 5 7 4 12 E Cirlce 20960 C l osed P age 2 of 5 Date work Date called Date done in Completed 1/17/2015 1/21/2015 1/27/2015 1/19/2015 1/21/2015 1/19/2015 1/21/2015 2/6/2015 1/21/2015 1/21/2015 1/30/2015 1/25/2015 1/26/2015 1/30/2015 1/29/2015 1/29/2015 2/9/2015 2/9/2015 2/9/2015 2/9/2015 2/11 /2015 2/11/2015 Missouri Ame ri ca n Water Street Cut and Right-of-Way November 1, 20 13 -February 15, 2015 Days Location Permit Active No 7 917 Moreau 20961 401 Capitol 20963 14 3 19 Meier 20964 7 400 E Hess Way 20965 4 104 N. T ay lor 20966 Dunkli n and Jefferson 20967 1924 Hayselton 20968 525 E Hiqh 20969 2717 Lola Dr 20970 Page 3 of 5 Descripti on C losed Closed C lo sed Closed