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Home My Public Portal About2022-11-21 packet NOTICE OF MEETING AND CITY COUNCIL AGENDA i MONDAY, NOVEMBER 21, 2022 – 6:00 P.M. CITY COUNCIL CHAMBERS ~ JOHN G. CHRISTY MUNICIPAL BUILDING ~ 320 E. MCCARTY STREET TO JOIN VIRTUALLY: https://jeffersoncity.webex.com/jeffersoncity/j.php?MTID=md7fb9cd7b47d716cd7e28f7f5e906033 CALL-IN PARTICIPATION AVAILABLE AT: 1-404-397-1516 MEETING NUMBER: 2494 324 0461 MEETING PASSWORD: 1234 TENTATIVE AGENDA PRAYER – Councilmember Deeken PLEDGE OF ALLEGIANCE 1. CALL TO ORDER 2. ROLL CALL 3. ADOPTION OF AGENDA 4. MISCELLANEOUS AGENDA ITEMS a. Life-saving Proclamation Presentation to Hiroko Swader (Mayor Tergin) b. Fire Fighters Clint Kempker, Michael Bainbridge, and Luke Owen Recognized for Tunnel to Towers Fastest Fire House (Mayor Tergin and Matt Schofield) 5. PUBLIC HEARINGS a. Approving an Amendment to PUD Plan for Property Located at 2216 Stonehill Rd. i. Pending Bill 2022-074 (Lester) Staff: Sonny Sanders 6. APPOINTMENTS BY THE MAYOR a. Recommended Appointments to the Following Boards and Commissions Board or Commission Recommended Appointment New Term Expires Term Full/Partial Cemetery Resources Board Dana DeWeese Jun 2025 Full Environmental Quality Commission Mackenzie Walker Nov 2025 Full Todd Higgins Nov 2025 Full Housing Authority Board Dennis Mueller Nov 2026 Full City Council Agenda – November 21, 2022 ✓ = Request to suspend rules 2 Board or Commission (continued) Recommended Appointment New Term Expires Term Full/Partial Planning & Zoning Commission Treaka Young May 2026 Full Hank Vogt May 2026 Partial Tom Werdenhause May 2023 Partial (Alternate) Randy Hoselton May 2023 Partial (Alternate) 7. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. Update on 408 Lafayette St. (Sonny Sanders) 8. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF a. Council Committee Meetings (Check www.jeffersoncitymo.gov meeting calendar for dates, times locations, and agendas): i. Administration ii. Finance iii. Public Safety iv. Public Works & Planning b. Capital Area Active Transportation Plan – Public Meeting and Walk-Audits (Katrina Williams) 9. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE 10. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS (All individuals will be limited to 5 minutes without exception. All presentations shall be made from the podium unless other accommodation is requested and granted.) 11. CONSENT AGENDA a. Minutes of City Council Meetings: November 7, 2022, November 14, 2022 Work Session b. Authorizing a Sourcewell Contract to Purchase Services from American Bike Ramp for the Design and Construction of the Department of Parks and Recreation Bike and Skate Park c. Approving the Use of a Washington State Contract for the Purchase of Two Gillig Hybrid Transit Buses d. Accepting 2022 Community Development Block Grant Funds in the Amount of $290,586 12. BILLS INTRODUCED a. 2022-078 Approving an Amendment to PUD Plan for Property Located at 1716 Four Seasons Dr. (Lester) Staff: Sonny Sanders b. 2022-079 Amending the 2022-2023 Budget by Reclassifying an Administrative Technician Position to the Position of Police Information Clerk within the Police Department (Schreiber) Staff: Eric Wilde c. 2022-080 Amending Section 15-8, Education Plan, of the Personnel Policy Manual (Wiseman) Staff: Gail Strope d. 2022-081 Amending the 2022-2023 Budget by Reclassifying the Golf Course Superintendent Position to a Parks Resource Supervisor and a Mechanic Position to a Construction Inspector Position within the Department of Parks and Recreation (Wiseman) Staff: Todd Spalding City Council Agenda – November 21, 2022 ✓ = Request to suspend rules 3 13. BILLS PENDING a. 2022-072 Establishing Election Dates and Candidate Filing Period for the 2023 Municipal Elections (Wiseman) Staff: Ryan Moehlman b. 2022-073 Authorizing a Municipal Agreement with Missouri Highway and Transportation Commission for a Temporary Construction Easement Allowing MoDOT to Use Portions of Heisinger Rd. Right-of-Way to Create ADA Compliant Crosswalk (Fitzwater) Staff: Matt Morasch c. 2022-074 Taken Up Under 5(a.) d. 2022-075 Authorizing a $482,888 Supplemental Appropriation within the General Fund for Special Litigation Expenses; LCRA Reimbursement Expenses; Vehicle & Equipment Parts Expenses; Gas for Public Works; and a Transit Subsidy for Gas and Parts (Hensley) Staff: Shiela Pearre e. 2022-076 Authorizing a $1,200,000 Supplemental Appropriation within the General Fund, Parks Fund, Parking Fund, Wastewater Fund, and Self-Funded Health Insurance Fund (Hensley) Staff: Shiela Pearre f. 2022-077 Authorizing a $450,000 Supplemental Appropriation within the General Fund, Parks Fund, Parking Fund, Wastewater Fund, and Worker’s Compensation Fund (Hensley) Staff: Shiela Pearre 14. INFORMAL CALENDAR 15. RESOLUTIONS a. RS2022-36 Authorizing an FTA Section 5304 Grant Acceptance through MoDOT in the Amount up to $25,000 for the Development of the Capital Area Active Transportation Plan in FY2023 (Fitzwater) Staff: Sonny Sanders b. RS2022-37 Adopting the 2023 Community Development Block Grant Policy and Procedure Manual (Fitzwater) Staff: Sonny Sanders c. RS2022-38 Approving a Special Exception Permit for Asphalt Oil Terminal with Outdoor Operations and Storage in an M-1 Zoning District for Property Located at 2619 North Shamrock Road (Lester) Staff: Sonny Sanders (Eligible for passage after December 5th Public Hearing/City Council Meeting) 16. PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS – (All individuals will be limited to 3 minutes without exception. All presentations shall be made from the podium unless other accommodation is requested and granted.) 17. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS 18. NEW BUSINESS 19. APPROVAL OF NOVEMBER 7, 2022 CLOSED SESSION MINUTES 20. UNFINISHED BUSINESS 21. ADJOURN i 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. NOTICE OF MEETING AND CITY COUNCIL AGENDAi CITY COUNCIL WORK SESSION City of Jefferson, Missouri 320 E. McCarty St. City Council Chambers MONDAY, NOVEMBER 21, 2022 5:45 P.M. AGENDA 1. Discussion of November 21, 2022 City Council Meeting Agenda Items 2. Adjournment i 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. (Jlrocfartultion WHEREAS, Hiroko Swader, a resident of Jefferson City, Missouri. was recogni zed for outstanding emergency medical action on August 29, 2022; and WHEREAS, Hiroko Swader initiated life-saving medical procedures in which clear thinking , fast action , and heroism were demonstrated in a time of crisis ; and WHEREAS, Hiroko Swader was able to secure a safe location for a person in dis- tress and perform CPR until fire and ems personnel arrived on the scene; and WHEREAS, Hiroko Swader was able to help save the life of a resident of the City of Jefferson; and WHEREAS, the City of Jefferson and its people are thankful for the bravery and determination of Hiroko Swader and her positive impact to the community. NOW, THEREFORE, I , Carrie Te r gin, Mayor of the City of Jefferson, ask the staff and residents to join me on the 21st day of November, 2022, in honoring the steadfast con- tribution of Jfiroi.g Swatfer for her outstanding heroism and humanity in the service of the betterment of the City of Jefferson, Missouri. c~ ~ - . Mayor ~ PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-074 SPONSOR: Councilmember Lester SUBJECT: Approval of a Planned Unit Development (PUD) Plan Amendment for Property Located at 2216 Stone Hill Road (Plann ing and Zoning Commission Case No . P22012) DATE INTRODUCED: PUBLIC HEARING: November 7, 2022 November 21, 2022 Staff Recommendation: Approve. Summary: Standard ordinance approving an Amended PUD Plan Origin of Request: Property Owners through the Planning and Zoning Comm ission Department Responsible: Department of Planning and Protectiv e Services PERSON RESPONSIBLE: SONNY SANDERS/Eric Barron Background Information: A request was filed for an amendment to the curren t Planned Unit Development (PUD) Plan in place for the subject property. The app licant w ishes to operate a coffee shop and marketplace in the same building as the day care current ly in bus iness. Please refer to the attached Planning and Zoning Commission Case P220 12 for more information. Planning and Zoning Commission Review: The Planning and Zoning Commission rev iewed the application for a PUD Plan Amendment at their meeting of October 13, 2022. The motion to approve PASSED on a vote of 8 in favor and 0 against. Public Notice: Standard public notice procedures were followed in advance of the Planning and Zoning Commission meeting and the City Council meetings . This includes (1) publication of the public notice agenda in the Jefferson City Ne ws Tribune 15 days in ad vance of the hearing on the case ; (2) notification by letter to adjoining and affected propert y owners within 185 feet , and other interested parties; and (3) posting of a sign on the property announcing the date and time of the hearing on the case 1 0 to 15 days in advance of the hearing . Public Comment Received: No public comment has been recei ve d to date. Fiscal Information: $700.00 in application fees were received . Planning & Zoning Commission Recommendation: Approve . BILL NO . 2022-074 SPONSORED BY Councilmember Lester ORDINANCE NO . ______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, APPROVING A PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 2216 STONE HILL ROAD . WHEREAS, B & D Investments LLC, owners of the real estate hereinafter described , having submitted a PUD Plan Amendment of said real estate described as follows : Lot 8 of Stonehill Subdivision , Section Two, Jefferson City , Cole County, Missouri; and WHEREAS, it appears that the procedures set forth in the Zoning Code relating to Planned Unit Developments have in all matters been complied with , as said property owner submitted to the Planning and Zoning Commission and City Council a PUD Plan Amendment for the above referenced property . NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. The PUD Plan Amendment, on file as Case No . P22012 in the Jefferson City Planning Division , is hereby approved for the land referenced above. Section .f.. Permitted Land Uses . Permitted uses for the property shall be limited to the permitted uses of the C-1 Neighborhood Commerc ial zoning district with the addition of coffee shop and marketplace as a permitted use of the property. Signage and lighting shall adhere to the allowances of the C-1 Neighborhood Commercial zoning district. Section ~· Common Areas and Public Land. No common areas are proposed and no lands are dedicated to public use with this PUD Plan. Section 1 . This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ____________________ _ Approved: ______________________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : C ity Clerk City ~ Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION October 131 2022 COMMISSION MEMBERS PRESENT Dale Vaughan! Chair Penny Quigg! Vice Chair Gregory Butler Bunnie Trickey Cotten Emily Fretwell Shanon Hawk Blake Markus Treaka Young! Alternate Hank Vogtl Alternate COMMISSION MEMBERS ABSENT Spencer Hoogveld Jacob Robinett! Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Dustin Birch! Associate City Counselor Eric Barron! Planning Manager Kortney Bliss! Planner 5:15p.m. Sonny Sanders! Director of Planning & Protective Services Lisa Dittmer! Administrative Assistant ATTENDANCE RECORD 4 of4 4 of4 1 of 4 4 of4 3 of4 4 of4 3 of4 4 of4 4 of4 0 of4 2 of4 Guests: David and Brandy Rodriguez with B & D Investments LLC/The Academy of Innovative Learners. Case No. P22012-2216 Stonehill Road, Amendment to Planned Unit Development (PUD) Plan. Request filed by B & D Investments LLCI property owner! for a major amendment to the approved PUD Plan to permit land uses such as a coffee shop and marketplace. The property is located 150 feet north of the intersection of Stonehill Road and Weathered Rock Road and is described as Lot No. 8 of Stonehill Subdivision! Section Twol in the City of Jefferson! Missouri. Ms. Bliss stated the applicant is requesting to amend the PUD plan to include a coffee shop and marketplace in addition to the current preschool onsite. Business owner Brandy Rodriguez presented the case. The preschool is open Monday- Friday 7:30am-5:30pm. The coffee shop/marketplace is expected to be open to preschool families during daytime hours and open to the public in the evenings and weekends. Ms. Bliss stated that staff recommends approval of the proposed amendment of the PUD plan with a condition of attaching an underlying zoning of C-1 for the purpose of determining future permitted uses. Ms. Cotten moved and Mr. Markus seconded a motion to recommend approval of the major Planned Unit Development Plan amendment in order to permit the operation of requested coffee shop and marketplace uses with the following condition: 1. Establishment of a C-1 Neighborhood Commercial zoning designation as the underlying zoning district for the purposes of determining permitted uses, signage, and lighting. The motion passed 8-0 with the following votes: Aye: Butler, Cotten, Fretwell, Hawk, Markus, Quigg, Young, and Vogt. Nay: None. Jefferson City Planning & Zoning Commission October 13, 2022 Case No. P22012 2216 Stonehill Road B+D Investments LLC. Major PUD Plan Amendment City of Jefferson Planning & Zoning Commission lOCAT~ON MAP Case No. P22012 2216 Stoneh ill Road PUD Plan Amen dm ent 0 7 5 150 300 Feet City of Jefferson Planning and Zoning Commission I VICINITY Case No. P22012 2216 Stonehill Road PUD Plan Amendment 0 230 460 920 Feet PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION October 13,2022 Case No. P22012-2216 Stonehill Road, Amendment to Planned Unit Development (PUD) Plan. Request filed by B & D Investments LLC, property owner, for a major amendment to the approved PUD Plan to permit land uses such as a coffee shop and marketplace. The property is located 150 feet north of the intersection of Stonehill Road and Weathered Rock Road and is described as Lot No. 8 of Stonehill Subdivision, Section Two, in the City of Jefferson, Missouri. Nature of Request A request was filed for an amendment to a PUD Planned Unit Development Plan which would alter and increase the type of uses permitted for the 1.66 acres property addressed as 2216 Stonehill Road. Currently, the site contains a daycare. Within the same structure which houses the daycare, the applicant desires to add a coffee shop and marketplace. Because the PUD Plan in its current and existing form does not list these two uses, the PUD Plan would need an amendment in order to permit operation of the requested coffee shop and marketplace. Amendments to Planned Unit Development (PUD) Plans are categorized as either minor or major. Under Section 35-74 C.5.d.(l). and Section 35-74 C.5.f., a change in use is considered a "major" amendment to PUD Plans. In accordance with Section 35-70, Major Planned Unit Development Plan amendments are reviewed by the Planning and Zoning Commission before going to the City Council for a final decision. Zoning and Surrounding Land Use Current Zoning: PUD Planned Unit Development Current Use: Daycare Proposed Use: Daycare, Coffee Shop, and Marketplace Surrounding Zoning Surrounding Uses North PUD Commercial, Vacant Land South PUD Residential, Apartments East PUD Office West RS-2 Agriculture Background and History Stemming from a recording of the Millbrook Subdivision in 1974, a 1995 Planning and Zoning Commission case involving a preliminary and final PUD Plan contained reference to a "Tract G". This such tract includes the subject property for the current PUD Plan amendment request (2216 Stonehill Road). In the 1995 PUD Plan case, a 7,000 square foot office building with a 36 parking spaces lot was proposed. The office building became a part of Section Two, Lot 8 of the Stonehill Subdivision during the approval of the preliminary plat in 1996 and final plat in 1997. Many references to an "office building" do exist in the Planning and Zoning case files. This provides direction for the use of the property under the PUD Plan. Staff Analysis The applicant has provided a PUD Plan amendment narrative and floor plan sketch which are attached in the Case P220 12 Packet. The applicant requests an amendment to the current and existing PUD Plan in order to permit the operation of a coffee shop and marketplace alongside the daycare that is already under permitted operation. These changes would occur within the interior of the building. Details regarding layout of the coffee shop/marketplace and "The Academy" are specified in the floor plan sketch. The narrative describes that "The Academy" and coffee shop/marketplace would have each have separate entrances and floor to ceiling division. Further, the applicant has indicated that the sales of the coffee shop/marketplace would focus its operations towards the families served by "The Academy" during regular business hours Monday through Friday and then focusing sales towards the general public in the evenings as well as weekends. No drive through is planned. While the main change to the PUD Plan will occur on the inside of the building, parking and traffic impact is a consideration as the number of different uses on site will increase. The narrative states that 30 parking spaces are on site for all three uses. Some on street parking spaces are located along Stonehill Road. Per Section 35-58, the required number of off street parking spaces for daycares is 1 per employee/staff member and I per each five children. The parking space requirement for coffee shops is "1 [space] per 1 00 sf gross floor area including outdoor seating area". The parking space requirement for marketplaces is "1 per 250 sf''. It is anticipated that roughly 1200 square feet of the building's total square footage will be occupied by the coffee shop and an additional 525 square feet will be taken up by the marketplace. This would suggest roughly 12 spaces for the coffee shop and 2 spaces for the marketplace. These parking space numbers may be adjusted per information provided by the applicant. Another important factor to note however, is that these three uses may not need separate parking space calculations because of the provisions of Section 35-58 B.1.d. which states" When more than one type of use that has a parking requirement is located within the building and at least 20 percent of the gross floor area is devoted to that use, the parking needs for that use shall be calculated separately from the other uses". The coffee shop comprises of nearly 17% and the marketplace roughly .8%. Thus, neither appear to be 20% or more of the total gross floor area of the building. Again, the parking requirements should reflect details provided by the applicant. Impact of the additional uses on traffic in the area is another item of review for the PUD Plan amendment. The applicant has stated in the narrative an intent to focus sales to the daycare customers from 8:00 a.m. to 5:00p.m. Monday through Friday, Sales are suggested to be focused on the community/public during the evening and weekend hours. The daycare is estimated to generate nearly 33 peak hour trips. In addition to the trips generated from the daycare, it is estimated that the coffee shop will cause roughly 32 trips, and the marketpJace 3 peak hour trips. As the coffee shop would cater primarily to customers of the daycare during the week and the public during the weekends, the anticipated increase in traffic is low. Staff Recommendation Review of the PUD Plan amendment has deemed the proposed uses compatible for the area. Impacts of traffic should be of limited increase and the area should have capacity to withstand the influx of traffic. Parking on site seems sufficient for the proposed uses. The PUD Plan and its amendments as well as any modifications, such as installation of food and beverage equipment, must comply with all applicable codes and regulations. Staff recommends establishing a C-1 Neighborhood Commercial zoning designation as the underlying zoning district to accommodate future uses of the building. Form of Motion: Motion to recommend approval of the major Planned Unit Development Plan amendment in order to permit the operation of requested coffee shop and marketplace uses with the following condition: 1. Establishment of a C-1 Neighborhood Commercial zoning designation as the underlying zoning district for the purposes of determining permitted uses, signage, and lighting. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplannlng@leffcltvmo.org www.jeffersoncltymo.gov APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD} 0 Concept PUD Plan 0 Preliminary PUD Plan Q Final PUD Plan 0 Amendment to Final PUD Plan 0 Amendment to Final PUD Plan for Signage PUD Project Name: ~-e."? co\'\0 ±D o..dA co~\'ee shoo I fY\e.v( ~-~· (J \(4c e. StreetAddress: 221~2 ":;.,oyl-&N\\ ~· ~c... '1\A.~~~ Legal Description as follows or is attached): c, b~ \::> A,--k_ o. <' dt1e e c:;\o 9 p 0 a ot ca.c'k Please attach or Include the following: {a) Typed project narrative describing the type and character of the development, including land uses, acreage, proposed residential densities or commercial floor area {FAR); public or private open space, amenities or recreation areas to be provided; sidewalks and pedestrian ways; parking areas; deviations from minimum design standards of Section 35-51; and other information required by Section 35-74 or applicable sections of the Zoning Code. The project tHie and location must be included upon every page. Number all pages and attachments. {b) Site Plan and/or Development Plan. as applicable. {c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association, as applicable; {d) Draft of Covenants, Conditions and Restrictions, as applicable; {e) Traffic impact analysis, if required by Section 35-60; {f) Signage Plan, Including type, locations and dimensions of all proposed signs; {g) Landscaping and Screening Plan; {h) Lighting Plan, Including pole heights, type of fixtures or luminaries, and foot candles; {i) Project Phasing Plan (if applicable) 0) Application Filing Fee $21 0.00 plus $20 per acre (Revised June 30, 2015) Application Information: ~Jr:srt;~:te~L.-~1~~~\',{" XC M 0 IaSio! Phone Number(s):. ______________________________ _ ConsulmntName:.~~~------------------------------------------------------------Address:. ____________________________________________________________________________________________________ _ Phone Number(s): -------------------------------- The ~c;d Information accurately represents this proposed project . . X ~ ~s ~~,.......;J~Ate~a:;.&.;;:~~D-n;.&~...;;._----o-"'~~__;";__"L_z:.. Property OWner Signature ·Printed Name Date Consultant Signature For Staff Use Only: Application Filing Fee Received:. ___ _ Attachments: __ Narrative Amount Site Plan Printed Name Date Check #, _____ -L __ AppHcsnt/Project Information Sheet Note other Information submitted: _____________________________________ _ lncfwiduals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with DlsabUities Act. Please allow three business days to process the request. Narrative for B & D Investments LLC, at 2216 Stonehill Rd, Jefferson City, MO 65101 B & D Investments LLC/The Academy of Innovative Learners is proposing a rezone for dual occupancy at 2216 Stonehill Rd, Jefferson City, MO 65101 The Academy of Innovative Learners, the current occupant, is purposing to expand the desired space to have a small coffee shop/marketplace. The Academy is a licensed Preschool, that incorporates farming, gardening, and life skills in our teachings. We have an onsite garden and chickens (with a valid egg license) on site. We would like to offer coffee, treats and local made items to customers of The Academy and the community. Our building as shown in the attached site plan, has a complete separation for The Academy and The Coffee/Marketplace. The building provides a secure entrance for The Academy and a separate entrance with floor to ceiling separation from the proposed space for the coffee/marketplace. The entrances and exits for the school are all coded and very secure from outside customers. We are proposing to offer The Coffee/Marketplace to families during regular business hours. Monday to Friday from 8 am to 5 pm. We will be focusing on serving community customers during the evenings and on the weekends. The Academy is currently designed and set up to offer school to 56 families. We currently have 30 parking spots available and off-street parking for 30 plus additional cars. The Academy and International Coffee are the only 2 businesses that currently occupy Stonehill Rd. We do not believe that these changes would alter the current flow of traffic and will continue to keep with the types of businesses already in the neighborhood, education, and coffee. Our goal is to help sustain the school by offering an additional stream of income in these very difficult times in the Education industry. We have been in business for 15 years and would like to continue to offer quality education to our families and to the community, as well as provide eggs, local made products, items from our garden, quality coffee & treats. ~) : ~ .. . ,-· / ._,.. ···r·-i._i:) . ··-~--------·· . ·~ --..... -... ·· .. -~ ~::..·· . --·-·------. --·-.. ·---·---- & J -,l I ~--... j '\ ! ~6 ' cv~ ~----j~' ---------- ., ! .~ . ·I .I ----;_ ...... ...,....~---~ Citr of Jeffersorn Depanment o f Planning & Protective Services 320 E. /11/cCany S t. Jefferson City, MO 6510 1 September 29, 2022 Dear Property Ow ner: Carrie Terg5f!1, Mayor Sonny Sanders, AICP, Direct or Phone: 573-634-6410 Fax: 573-634-6457 This lette r is to notify you that the Jefferson C ity Planning and Zoning Commission will meet a t 5:15p.m. on Thursday, October ·t3, 2022, to consider the following matters (see map on back): Case No. P2201 2 -22 16 Stonehill Road , Am endment to Plan ned Unit Development (PU D) Plan . Request filed by B & D In vestments LLC , property ow ner, for a major amendment to the approved PUD Plan to perm it land uses such as a coffee shop and marketplace. The property is located 150 feet north of the in tersection of Stonehill Road and Weathered Rock Road and is described as Lot No . 8 of Stoneh ill Subdivision, Section Two , in the Cit y of Jefferson , Missouri. As a nearby landowner and/or neighbor, you are being provided notice of th is hearing . Unfortunately, we are unable to reco rd comments received by tele phone , however, written comm ents may be directed to the Planning and Zonin g Commiss ion in one of the followi ng w ays : e-m a il : JCPianning@jeffersoncitymo.gov fax : Dept. of Planning and Protective Services I Planning Division 573 -634-64 57 mail : Dept. of Planning and Protective Services I Planning Di vision John G . Christy Municipal Building , 320 E. McCarty Street Jefferson City, MO 6510 1 Written comments re ce ived on or before 1:00 p.m . on the day of the meeting w ill be made a pa rt of the official record and copied and distributed to Commission m embers at the meeting . Those unable to prov ide w ritten comments in advance are in v ited to deli ver their comments to the Commission Chairman only at the meetin g . Correspondence received after 1:00 p.m. will be included in the offi cial record, but there is no guarantee that copies w ill be made for distribution to all Commission members. For your information, this case is tentative ly sc heduled for a public hearing in front of the City Council on Novembe r 21 , 2022. The City Council meets at 6 :00p.m. in the Council Cham bers of the John G . Ch risty M unicipa l Building , 320 East McCarty Street. In for mation regarding this case may be vie w ed on the Planning and Zon in g Commission web page at: https://www.jeffersoncitymo.gov/government/planning/planni ng and zon ing commission.php If you have any qu estions concerning this matter, please contact 573 .6 34 .6573. ~ Kortney Bliss Planner 1 Indiv iduals s hould contact the ADA Coordinator at (573) 634-6570 to request acco mmodations or a lternative fonna ts as require d under the Ameri cans wi th Disabilities Act. Pl ease a ll ow three b us iness d ays to process the request. Please call (573) 634-6410 with questions regarding agenda ite ms . Case No . P22012 22 16 Stonehi ll Road PUD Plan Amendment 185 ft. Notification Buffer MIDL AND DR N W+E s 0 11 5 230 460 690 920 ---Feet --- OAK CREEKCT I t Jefferson City Planning and Zoning Commission Property Owner list Case P22012 2216 Stone hill Road B & D INVESTMENTS LL C 2216 STONE HILL RD JEFFERSON CITY, MO 65101 2212 STONE HILL RD MO 65101 BECK, STEVEN E BECK, STANLEY D 100 E 109TH ST KANSAS CITY, MO 64114 CHRISTY DR MO 65101 BRISTOL CARE INC 501 S OHIO ST #200 SEDALIA, MO 65301 834 WEATHERED ROCK CT MO 65101 JEFFERSON STREET COMMERCE PARK LLC 2421 W EDGEWOOD DR JEFFERSON CITY, MO 65109 905 WEATHERED ROCK RD MO 65101 SCHNIEDERS, SHARON K 1314 HWY 179 JEFFERSON CITY, MO 65109 MILLBROOK DR MO 65109 T D K PROPERTIES 2421 W EDGEWOOD DR JEFFERSON CITY, MO 65109 2208 STONE HILL RD MO 65101 WEATHERED ROCK L P %M HDC 920 MAIN ST STE 1400 KANSAS CITY, MO 64105 825 WEATHERED ROCK RD MO 65101 10/13/2022 Public Engagement – Round 2 BACKGROUND The Capital Area Metropolitan Planning Organization (CAMPO), working with consultants Crafton Tull and LaneShift, are continuing the process of updating and replacing the Capital Area Pedestrian and Bicycle Plan (2016) with the new Capital Area Active Transportation Plan. Active Transportation is human powered mobility, including: walking, biking, and rolling (such as wheel chairs or scooters). The new Capital Area Active Transportation Plan will integrate the existing plan with other recently completed plans, stakeholder input, and public engagement to create a more comprehensive approach to identifying and addressing active transportation needs in the CAMPO planning area. The regional plan will address all communities within the CAMPO planning area, including: Holts Summit, Jefferson City, St. Martins, Taos, Wardsville, and parts of Cole and Callaway Counties. We received over 763 surveys during the first round of engagement. THANK YOU. ROUND 2 This second round of public engagement will take place over two days, December 1st and 2nd. A schedule of events is listed on the second page. A public meeting will be held Thursday, December 1st at 4:30 PM at City Hall. A community bike ride/walk will leave City Hall at 6:00PM and travel to the Mayor’s Christmas Tree Lighting. YOU’RE INVITED! - Between December 1st and 2nd, there will be three opportunities to participate in a Walk- Audit in the Southside/Old Munichburg neighborhood. We invite all Committee/Commision Members who are able and available to register and attend one of these Walk-Audit events. The Walk-Audits will include a slow guided walk (within a six block area) with consultants, staff, and stakeholders to evaluate connectivity and safety for pedestrians and bicyclists. Please use the survey link below to sign-up for a time that works for you. After you register for the walk-audit you will get a calendar invite for the Walk-Audit and for a 1 hour walk-audit training (via Zoom) that will occur November 30th. Please use the following survey to sign-up for a Walk-Audit time slot. https://www.surveymonkey.com/r/MDRB339 Schedule of Events Thursday, December 1, 2022 • 1:00-2:30 pm Steering Committee Meeting 2: The Path Forward • 2:45-4:45 pm Walk Audit 1 • 4:30-6:00 pm Public Meeting 2: Presentation & Open House - Followed by community bike ride or walk to the Mayor’s Christmas Tree Lighting. Friday, December 2, 2022 • 8:00-10:00 am Small Communities Meeting • 10:00-12:00 pm Walk Audit 2 • 2:00-4:00 pm Walk Audit 3 • 6:00-9:00 pm Living Windows Event (Central Bank Lobby, Madison & High) If you would like to volunteer to assist with our booth please contact me! Contact Info: Katrina Williams, Planner - GISP, AICP Capital Area Metropolitan Planning Organization www.jeffersoncitymo.gov/campo Phone: (573)634-6536 kawilliams@jeffersoncitymo.gov Comments? campo@jeffersoncitymo.gov Take our survey! COMMUNITY WALK AUDITS THURS, DEC 1 2:45 PM FRIDAY, DEC 2 10:00 AM FRIDAY, DEC 2 2:00 PM BE A PART OF THE JOIN US AS WEWALK LEARN DISCOVER see reverse side for details After you register you will receive a calender invitation via email for the the Walk-Audit and for a required one hour pre-audit training via zoom on November 30th @12:00PM The Walk Audit will include a slow, guided walk (within a six block area) with consultants, staff, and stakeholders to evaluate connectivity and safety for pedestrians and bicyclists. REGISTER HERE TO ATTEND https://www.surveymonkey.com/r/MDRB339 FOR MORE INFORMATION www.jeffersoncitymo.gov/campo BE A PART OF THE CITY COUNCIL “PRE-MEETING” WORK SESSION, NOVEMBER 7, 2022 CALL TO ORDER Mayor Carrie Tergin called the November 7, 2022 City Council “Pre-Meeting” to order at 5:45 P.M. to review the agenda. ATTENDANCE The following Councilmembers were present when the meeting convened: Present: Deeken*, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, Wiseman Absent: None *Attended via WebEx DISCUSSION OF AGENDA ITEMS Councilmember Hensley will lead the prayer. Miscellaneous - Mayor Tergin will introduce K.C. DeBoer, SSM Health Regional President for Mid- Missouri. - A proclamation will be presented to Building Community Bridge s to celebrate their 5- year anniversary. Public Hearings - City Staff presented their respective pending bill. Presentation from Staff, Consultants & Invited Guests - Diane Gillespie, Executive Director of Jefferson City Convention and Visitors Bureau will present the JCCVB budget. Consent Agenda - Councilmember Lester will point out a change in the Consent Staff report for item e. related to the body-worn camera grant award. Bills Introduced - City Staff presented their introduced bills. Bills Pending - City Staff presented their pending bill. CITY COUNCIL “PRE-MEETING” WORK SESSION, NOVEMBER 7, 2022 Resolutions - City Staff presented their resolutions. ADJOURNMENT The meeting adjourned at 5:53 P.M. 1 REGULAR COUNCIL MEETING, NOVEMBER 7, 2022 CALL TO ORDER Mayor Carrie Tergin called the November 7, 2022 City Council meeting to order at 6:02 P.M. ROLL CALL The f ollowing Councilmembers were present for roll-call: Present: Deeken*, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Absent: None *Attended via WebEx. ADOPTION OF THE AGENDA Councilmember Schreiber motioned and Councilmember Ward seconded the motion to adopt the agenda. The motion passed unanimously by voice-vote. MISCELLANEOUS AGENDA ITEMS Mayor Tergin recognized Boy Scout CJ Ledgerwood with Grace Episcopal Church’s Troop 10. He attends Capitol City High School and is working on his Communications Merit Badge. Mayor Tergin then introduced and welcomed K.C. DeBoer, SSM Health Regional President for Mid-Missouri. A proclamation was presented by Mayor Tergin to Building Community Bridges, Doug Wright, founder of the organization, and Alicia Edwards, Director of Operations. PUBLIC HEARINGS a. Approving a Development Plan Under Chapter 353 RSMo for the Capitol Ave. Redevelopment Area i. Associated Pending Bill 2022-070 A Staff presentation was made by Ryan Moehlman, City Attorney Donna Deetz, 720 E. High Street, President of the Historic City of Jefferson spoke in favor of the bill. Eric Burkett, owner of JC Gymnastics signed up to speak under public hearings and was called on to speak on the bill. Having not realized the public hearing, Mr. Burkett spoke on an unrelated matter pertaining to his property and a case being heard at the next Planning and Zoning Committee meeting. He requested that his case be read and approved as a bill at the next City Council meeting. 2 REGULAR COUNCIL MEETING, NOVEMBER 7, 2022 There being no one else to speak on the bill, Mayor Tergin declared the evidentiary portion of the public hearing concluded. 2022-070 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, FINDING THAT THE AREA DESCRIBED AS THE CAPITOL AVENUE REDEVELOPMENT AREA IS A BLIGHTED AREA AS DEFINED IN CHAPTER 353 OF THE REVISED STATUTES OF MISSOURI, AS AMENDED AND THAT THE REDEVELOPMENT OF SUCH AREA IS NECESSARY AND IN THE PUBLIC INTEREST; APPROVING A DEVELOPMENT PLAN FOR SUCH AREA; APPROVING A THE EXERCISE OF THE POWER OF EMINENT DOMAIN; AND PROVIDING FURTHER AUTHORITY. Councilmember Hensley asked if this bill and the corresponding agreement would limit the City’s ability to sell the Capitol Avenue properties it currently owns. Mr. Moehlman indicated that by striking the word “all” on page 2, paragraph A. 4th line down, the City could sell the properties they currently own before taking ownership of any other Capitol Avenue properties. MOTION: Councilmember Hensley motioned to take the word “all” on page 2, paragraph A. 4th line down of the agreement. Councilmember Ward seconded the motion. The motion passed unanimously by voice vote. Bill 2022-070 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16285. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None APPOINTMENTS BY THE MAYOR There were no appointments at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Diane Gillespie, Executive Director of Jefferson City Convention and Visitors Bureau presented the JCCVB budget. Carol Burkhead, Partner, Burkhead & Associates was available to answer questions. MOTION: Councilmember Spicer motioned and Councilmember Hensley seconded the motion to accept the JCCVB budget. The motion passed unanimously. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF City Council committee announcements: • Committee on Administration – The next meeting is December 7th, 7:30 A.M. in the Boone-Bancroft Room. • Finance Committee – There was no update at this time. 3 REGULAR COUNCIL MEETING, NOVEMBER 7, 2022 • Public Safety Committee – There was no update at this time. • Public Works & Planning Committee –The next meeting is November 10th, 7:30 A.M. in Council Chambers. A City Council work session has been scheduled for November 14th at 5:30 P.M. to discuss the parking garage study. Mayor announcements: • The new Columbia Regional airport terminal ribbon cutting and ceremony was held October 19th. • The last honor flight of the season was October 24th. • The 9/11 Memorial Stair climb was October 22nd at the Jefferson Building. Mayor Tergin thanked the Jefferson City firefighters who participated in full gear. • The Police Department’s Haunted Precinct was October 30th. • Operation Bugle Boy was last week. • Friday is Veteran’s Day. There are many activities planned throughout the City to honor veterans. • The Polar Plunge Power Hour is scheduled for November 30th. • The Mayor’s Christmas Tree Lighting Ceremony is December 1st. A community bike ride is scheduled for 6:00 P.M. that evening, starting at City Hall and ending at the Mayor’s Christmas Tree on Bolivar St. • Downtown Living Windows is scheduled for December 2nd. The Active Transportation Plan is participating in the event this year with maps, displays and an opportunity to take a survey. • The annual Christmas parade is December 3rd. Mayor Tergin will be the Grand Marshall. Councilmember Spencer announced the final draft of the Organizational Review Committee’s RFP is nearly complete. He thanked those who serve on the committee, City Staff, and Councilmembers Deeken and Lester for attending all of the committee meetings. Sonny Sanders, Director of Planning and Protective Services • The MPO consultants will be coming to City Hall on December 1st and 2nd. The steering committee meeting will be that afternoon where the consultants will give an update on their findings from their last visit. A detailed email was sent to the Mayor and City Council. More details will be announced at the November 21st City Council meeting. • A recent housing conference was held last week. This Thursday at noon in the City Council Chambers, there will be a Community Stakeholder meeting to look at the City’s housing needs assessment and the priorities outlined, as well as discussing where to go from here. 4 REGULAR COUNCIL MEETING, NOVEMBER 7, 2022 David Bange, City Engineer, Department of Public Works • There are two scheduled public meetings to discuss a possible increase in transit’s bus fares: Nov 9th, 4:30 P.M. – 6:30 P.M. in the Boone-Bancroft Room at City Hall, and Nov. 17th, 9:00 A.M. – 11:00 A.M. in the Boone-Bancroft Room at City Hall. Mayor Tergin reminded everyone to vote tomorrow. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE Octavia Ailsworth announced several university events. The announcements are attached to the minutes. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Frank Rysyk spoke in favor of resolution RS2022-33. CONSENT AGENDA a. Minutes of City Council Meetings: October 17, 2022 b. Awarding City Hall Janitorial Services Bid to RK Janitorial in the Amount of $37,188 c. Awarding Wastewater’s Sensory Control and Data Acquisition and Programable Logic Control Maintenance Bid to Woodard and Curran in the Estimated Amount of $60,000 (Fitzwater) Staff: Matt Morasch d. Accepting the State CDBG-CV Grant for Compass Health Planning Activities in the Amount of $114,000 e. Accepting the Bureau of Justice Assistance Body-Worn Camera Policy and Implementation Program Grant Award in the Amount of $180,000 Councilmember Lester pointed out he had received clarification from Police Chief Wilde that the City’s matching funds for the item e. grant would actually be coming from Sales Tax G gleaning funds, rather than the ¼ Public Safety Sales Tax that was mentioned in the Consent Staff Report. Councilmember Kemna motioned and Councilmember Ward seconded the motion to approve items on the Consent Agenda. The motion passed unanimously. BILLS INTRODUCED 2022-072 sponsored by Councilmember W iseman AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR THE 2023 GENERAL MUNICIPAL ELECTION. 2022-073 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MUNICIPAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION. 5 REGULAR COUNCIL MEETING, NOVEMBER 7, 2022 2022-074 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 2216 STONE HILL ROAD. 2022-075 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2021- 2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND. 2022-076 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2021- 2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND, PARKS FUND, PARKING FUND, WASTERWATER FUND, AND THE SELF-FUNDED HEALTH INSURANCE FUND. 2022-077 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2021- 2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENTALLY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND, PARKS FUND, PARKING FUND, WASTERWATER FUND, AND THE WORKER’S COMPENSATION FUND. BILLS PENDING 2022-069 sponsored by Councilmember Schreiber AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 8- 7, SPECIAL ASSIGNMENTS OF THE PERSONNEL POLICY MANUAL. Bill 2022-069 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16286: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-070 Taken up under Public Hearings INFORMAL CALENDAR There was nothing on the informal calendar at this time. RESOLUTIONS RS2022-33 sponsored by Councilmember Fitzwater 6 REGULAR COUNCIL MEETING, NOVEMBER 7, 2022 A RESOLUTION IN OPPOSITION TO MODOT’S PLAN TO REMOVE THE ON RAMP TO WESTBOUND HIGHWAY 54 FROM HIGHWAY W (CEDAR CITY DRIVE) AS PART OF THE OVERALL PROJECT TO ADD AN ADDITIONAL LANE IN EACH DIRECTION TO HIGHWAY 54/63 BETWEEN THE MISSOURI RIVER BRIDGE AND HIGHWAY 63 David Bange, City Engineer presented the resolution. Councilmember Fitzwater motioned to adopt RS2022-33. Councilmember Spicer seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None RS2022-34 sponsored by Councilmember Fitzwater A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI TO APPLY FOR THE COMMUNITY REVITALIZATION GRANT THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT Rachel Senzee, Neighborhood Services Manager presented the resolution. Councilmember Lester motioned to adopt RS2022-34. Councilmember Fitzwater seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None RS2022-35 sponsored by Councilmember Fitzwater A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI TO APPLY FOR THE COMMUNITY REVITALIZATION GRANT THROUGH THE DEPARTMENT OF ECONOMIC DEVELOPMENT Rachel Senzee, Neighborhood Services Manager presented the resolution. Councilmember Fitzwater motioned to adopt RS2022-35. Councilmember Ward seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations at this time. 7 REGULAR COUNCIL MEETING, NOVEMBER 7, 2022 COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS There was no discussion at this time. NEW BUSINESS Councilmember Spencer recommended a City hiring freeze with the exception of public safety departments until the Organizational Review study is complete. Councilmember Spencer asked City Staff if there is a process for addressing City Boards and Commissions attendance concerns. Gail Strope, Human Resources Director indicated that a committee chair and/or City Staff liaison can bring a concern to the Mayor, Ms. Strope and/or the Committee on Administration. It is ultimately the Mayor’s recommendation to the City Council on how to proceed with the concern. CLOSED SESSION Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, Mayor Tergin entertained a motion to go into Closed Session to discuss the following: i. Privileged communications between a public governmental body and its attorneys [Sec. 610.021(1)] A motion was made by Councilmember Wiseman to go into Closed Session for the above-stated reasons, seconded by Councilmember Spicer and approved by the following roll-call vote at 7:24 P.M.: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None RECONVENE IN OPEN SESSION Following the Closed Session, the City Council reconvened in Open Session at 8:45 P.M. with the following Councilmembers present: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Ward, and Wiseman Absent: Spicer UNFINISHED BUSINESS There was no unfinished business at this time. ADJOURNMENT A motion to adjourn was made by Councilmember W iseman, seconded by Councilmember Lester, and approved unanimously at 8:45 P.M. Octavia Ailsworth Lincoln University Agenda City Council Meeting 11/6/2022 Trunk or Treat Trunk or Treat was held on Saturday October 29th to celebrate Halloween and over 500 people attended! Lincoln University would like to thank the Boys and Girls Club of America, the Jefferson City Fire Department and the Jefferson City Police Department as well as other community organizations who helped make this event a success. First Home Basketball Game We would like to invite everyone to the first home basketball game on November 14th! The game will begin at 7:00pm against William Woods University. Battle of the Bands On Friday, November 11, 2022, at 7pm there will be a Battle of Bands between the Lincoln University Marching Musical Storm and the Simmons College Marching Falcons. Tickets are $10.00 and doors open at 6:30pm. United Way Campaign Lincoln’s annual United Way campaign is underway, now through Nov. 30. You can support 29 agencies and programs that provide essential services in our community by making your pledge today! If you have any questions, please contact Mike Downey at DowneyM@lincolnu.edu. Veteran’s Day Holiday Lincoln University campus will be closed to commemorate Veterans Day on Friday, November 11th, 2022. School of Nursing Ribbon Cutting On November 15th, there will be a ribbon cutting to celebrate Lincoln’s newest School of Nursing location and simulation lab from 11-1 @ St. Robert Campus, 194 Eastlawn Ave, St. Robert, MO. Ball Brothers Christmas Tour On November 17th, the Ball Brothers will be at Lincoln University Richardson Fine Arts Center from 7:00pm- 9:00pm for their Christmas Tour. This concert is free admission! Thanksgiving Break Lincoln University will be closed for Thanksgiving Break from November 21st-25th. LU-MRRL Lecture Series: LU Poetry Workshop Live Series The Lincoln University-Missouri River Regional Library Lecture Series invite you to attend the upcoming event, LU Poetry Workshop Live Series. This public reading will feature students taught by Elijah Burrell poet and associate professor of English. This event will take place at the Missouri River Regional Library on Wednesday, November 29th at 6:30pm. 1 CITY COUNCIL WORK SESSION MEETING, NOVEMBER 14, 2022 CALL TO ORDER Mayor Carrie Tergin called the November 21, 2022 City Council Work Session meeting to order at 5:30 P.M. ROLL CALL The f ollowing Councilmembers were present for roll-call: Present: Deeken*, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, and Ward Absent: Spicer and Wiseman *Participated via WebEx PARKING GARAGES DISCUSSION The parking garage study consultants Ralph Jones, P.E., Structural Engineering Associates, Inc. and Craig Scranton, BNIM were in attendance to answer questions. Councilmember Wiseman arrived to the meeting at 5:35 P.M. Britt Smith, Public Works Operations Division Director presented the following: a. Parking Studies b. Jefferson Street Garage Condition c. Madison Street Garage Condition Assessment d. Madison Street Garage Replacement Options City Staff recommended moving forward with Jefferson Street garage repairs. Consultants indicated additional levels can’t be added to this garage because of the size of the lot. There is not enough space to build a ramp and allow for parking spaces. City Staff discussed options for the Madison Street garage. 1. The option of removing the West garage of the Madison Street garage, keeping the East garage, and reconstructing a West garage is not feasible, primarily because it would not be ADA compliant. 2. Removing both East and West garages and rebuilding a structure within the same footprint. 3. Removing both East and West garages and rebuilding with an expansion onto a neighboring property. The Mayor has spoken with the neighboring property owner to let them know of this potential option. Councilmember Spencer said it is important to get public input going forward before decisions are made on how to proceed. 2 CITY COUNCIL WORK SESSION MEETING, NOVEMBER 14, 2022 Councilmember Fitzwater stated his preference for moving continued discussions and public comment to future Public Works and Planning Committee meetings. There was no action taken on by the City Council at this time. PUBLIC COMMENT There was no public comment at this time. ADJOURNMENT A motion to adjourn was made by Councilmember Wiseman, seconded by Councilmember Lester, and approved unanimously at 7:02 P.M. CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item B SUBJECT: Approve the Use of a Sourcewell Contract with American Ramp Company via Cooperative Procurement DATE CONSIDERED: November 21, 2022 DEPARTMENT DIRECTOR(S): CITY ADMINISTRATOR: Staff recommends utilizing the contract with American Ramp Company procured by Sourcewell, Contract # 112420-ARC to design and install a bike park and skate park. Approval of this consent agenda item would allow the Parks Department to purchase services from American Ramp Company utilizing the contract procured by Sourcewell. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Cooperative Procurement -Sourcewell Contract 112420-ARC with American Ramp Company Parks, Recreation and Forestry -Expiration Date: December 29 , 2024 RECOMMENDATION: Staff requests approval to utilize the Sourcewell contract, #112420-ARC entitled Skate Park, Bike Park, and Pump Track Solutions with Related Equipment, Accessories, and Serv ices with American Ramp Company of Joplin, Missouri for the purchase of services and equipment to design and construct a bike park and a skate park. This contract has been rev iewed by Purchasing and it has gone through a competitive procurement process similar to the City 's. This contract allows for cooperative procurement from other governmental entities . This procurement was evaluated and was ranked as the vendor with the highest score out of nine vendors. The Park's Department is asking permission to use this cooperative contract rather than going through a bid process. The total cost of the contract will be anywhere from $500,000 to $1,291 ,920 depending on what Park's determines can be funded in FY 2023. The Park's Department has experience working with American Ramp Company and they are very confident they will produce an excellent bike park. American Ramp Company provided consultin g and design services for the initial design of the bike park . . • ATIACHMENTS-SUPPORTING DOCUMENTATION Signature tf!J.Ii , t2 ~ qa~ urch ng Agent laJ1 0/22 DocuSign Envelope ID: D3593EA5-8774-4407-B789-435564B71 BFC RFP 112420 -Skatepark, Bike Park, and Pump Track Solutions with Related Equipment, Accessories, and Services Vendor Details Company Name: AMERICAN RAMP COMPANY INC Does your company conduct business under any other name? If Progressive Bike Ramps yes, please state: Address: Contact: Email: Phone: Fax: HST#: Submission Details Created On: Submitted On: Submitted By: Email: Transaction #: Submitte,..s IP Address: Bid Number: RFP 112420 601 S. McKinley Avenue Joplin, MO 64801 Heather Ogden heather@americanrampcompany.com 417-206-6816 417-206-6816 35-2353308 Tuesday November 17,2020 16:21:59 Tuesday November 24, 2020 15:51:23 Heather Ogden heather@americanrampcompany .com 089feccc-a7 45-487f-bbcb-fdebd078f1 ed 69.92.90.122 Vendor Name: AMERICAN RAMP COMPANY INC OocuSign Envelope 10: 6263E07E-17C5-4376·B60A-87E4FFF98A94 Proposal Evaluation Skatepark, Bike Park, and Pump Track Solutions w i th Related Equipment, Accessories, and Services RFP #112420 ~-.. .p~$" AMERICAN RAMP CuMPAHT '"'-'•O'I"~"CI INC Attkan Concrete~ -PonlbM Points ConfonnlnC.c to RfP Reqult~u so 45 .... -440 356 336 r~Viabi&ltyancl .................... 75 66 64 AWity t4l Sdl -.d Ddhoct Sc-nt4c.c 100 H n ............... so .... 43 1111~ Added AnributH 75 68 .. W•mrnv so 45 42 Ot&IU'I aNI Btudth ot Ofttred (~ Pfoduru. Of SetYkd 200 180 176 fotiii Polnu 1,000 890 848 Rlonii:Orc!tr-I 4 torn Austin, MBA. CPPB, Procurement Lead A.Miyst Sikt Tndl: ltd (atifomi~ Sbttpatts 38 .... 264 341 49 .. .. H 34 43 54 67 38 43 146 168 688 858 " • Michaef Mut'lal:. CPPB, ~ ANlysl (Wflr~ Skattp.uts Grindline Sbtt:p.atts 41 263 61 76 39 65 45 162 752 • S tephanie Haau.ja, CPIM, PtoaM-ement Analyst 40 265 61 75 39 59 39 165 743 New UneSbt~ 40 270 62 ... •• .. 41 165 768 ~Do<u$1gno<l by. 7tKJ, sekt- 45,3AOOOCA0 1467,_ Spohnlbnch.Onc. Tom Rlu o..;cm. uc 42 35 345 286 64 52 ... .. ... 39 66 58 ... J8 176 146 865 722 • Sourcewell ~ American Ramp Company #112420-ARC Pricing for contract #112420-ARC is provided at 7% off factory direct pricing to Sourcewell participating agencies. CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item C SUBJECT: Cooperative Procurement-State of Washington . Department of Enterprise Services . Contract 06719 -Public Works -Transit -Expiration Date : December 29. 2024 DATE CONSIDERED: November 21 , 2022 DEPARTMENT DIRECTOR(S): --...p...:.-=~:........!....-~-1--===------ CITY ADMINISTRATOR: ---T'a..J==::::=:::::::,;~----:;:z=;;~~~~~------- This Consent Agenda item is to allow a Cooperative Procurement with the contract from the State of Washington for the procurement of two Gillig Hybrid buses . Total cost is $1,645,942 which will be paid with 80% grant funds. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Cooperative Procurement-State of Washingto n, Department of Enterprise Services, Contract 067 19 Public Works-Trans it -Expiration Date: December 29 , 2024 RECOMMENDATION: Staff requests approval to purchase two Gilli g buses and to utilize th e Department of Enterprise Services, State of Washington's contract, 067 19 for the purchase of transit buses w ith Gi lli g for the purchase of transit buses. This contract is a state cooperative purchasing schedule contract under Section 3019 of the FAST Act and is comp l iant with FT A guidelin es. This contract has been reviewed by Purchasing and ha s been determined that the State of Washington has gone through a s imilar process that is used by the City to competitively procure commodi ties an d services. Thi s contract allows for cooperative procurement from other governmental entitie s. This procurement was evaluated and was ranked as the vendor with the highest sco r e for 35 ' buse s. T he Public Work's Departme nt , Transit Division is ask in g permission to use this cooperative contract ra ther than go ing throu gh a bid process. The total cost of the contract wi ll be $1,645 ,942 which will be paid w ith 80% grant funds. The Transit Div ision h as experience working w ith Gillig and Gi lli g buses and are very sati s fi ed with the qua lity of buses they produce. F ISCAL NOTES: Expended or Account Description FY 2023 Budget Encumbered Bid Amount Balance Number Amount Sa les Ta x F, T ransit 44-9 90 -590070 Matching Funds $83,590.16 $0 $83,590.16 $0 Sa le s Tax G, Tran sit 45-990 -590070 Matching Funds $400,000.00 $0 $245,598.24 $154,401.76 Purcha se of Vehicles, 63 -630-572010 Transit Federal Funds $1,444,191.00 $0 $1,316,753.60 $127,437.40 Bid Total $1,645,942.00 ATTACHMENTS -SUPPORTING DOCUMENTATION WASHINGTON STATE TRANSIT BUS COOPERATIVE STATE COOPERATIVE PURCHASING SCHEDULE MASTER CONTRACT No. 06719-01 TRANSIT BUSES: HEAVY DUTY 30 FT DIESEL, 35 FT DIESEL, 40 FT DIESEL 35 FT HYBRID, 40 FT HYBRID, 30 FT CNG, 35 FT, CNG, 40 FT CNG, 35 FT ELECTRIC, 40 FT ELECTRIC CATEGORIES For Use by Washington State Transit Bus Cooperative Participants By and Between STATE OF WASHINGTON DEPARTMENT OF ENTERPRISE SERVICES and GILLIG LLC Dated Aprill, 2021 30 CNG Total Cost Non-Cost Preferences 35CNG Total Cost Non-Cost Preference Alliance 709 259 410 40 Alliance 680 24S 39S 40 ElDorado 734 234 450 so ElDorado 71S 20S 460 so Gillig 78S 2S2 483 so Gillig 830 237 S43 so New Flyer 786 201 S3S so 30 D Total Cost Non-Cost Preferences Alliance 719 2S9 420 40 35 D Total Cost Non-Cost Preference ElDorado 760 24S 46S so Alliance 67S 24S 390 40 Gillig 828 2SO S28 so ElDorado 673 213 410 so Gil lig 720 23S 43S so ~[.].;m•mmmM·· BYD 68S 280 37S 30 New Flyer 672 202 420 50 35 E Total Cost Non-Cost Preference n.1.;m•mmmMII!! El Dorado 798 300 448 SO BYD 604 259 31S 30 Gil lig 831 261 S20 so New Flyer 749 234 46S so Proterra 703 188 48S 30 t:;ILLit:; November 4, 2022 Gerry Stegeman Transit Manager Transit Division 820 East Miller Jefferson City MO 65101 Office 573 634 6599 gstegeman@jeffcitymo.org Dear Gerry: QUOTE LETTER Thank you for your interest to purchase (2) 35 ft. UF Diesel/Hybrid Gillig buses off the State of Washington contract #2020 06719-01 Attached you will find the variance list and price calculation sheet that would pertain to your order. The price calculation sheet also includes the escalation and formula as per the contract. Gillig is pleased to quote the following: Two (2) 35 ft. Diesel/Hybrid Buses@$822,971 each This price is valid for thirty (30) days and is FOB Jefferson City MO. Prices exclude any taxes and license fees . The production of your buses will be scheduled to start within 15 months of your PO. To maintain this production schedule, w e will require a firm purchase order within thirty (30) days. We thank you for this opportunity and appreciate your interest in Gillig and our products . Should you have any questions, please do not hesitate to contact us . Sincerely, Joe Saldana Regional Sales Manager Gillig LLC 51 0-303-0202 jsaldana@gillig.com 451 Di scovery Driv e, livermore, CA 94551 www.gil lig.co m 510.264.5000 CONFIDENTIAL PRICE VARIANCE 11/4/2022 JEFFERSON CITY, MO STATE OF WASHINGTON #2020 06719-01 (2) 35' HYBRID BAE BUSES, SN: TBD 1.~· .-~-.-·.···-.:, :;':. ~u;E:Nt·_-.· · :i~-,, ':.J [_, -~T:A~1QJS:W4$MftJ(ITt'G8JlW4'.'"::72) ~-;~ MEDICAL AID KIT NOT INCLUDED BLOODBORN PATHOGEN KIT NOT INCLUDED BIO-HAZARD KIT NOT INCLUDED WHEEL CHOCKS (SET) NOT INCLUDED DRIVERS DASH GAUGES AIR PRESSURE & SPEEDOMETER 12V POWER PORT AT DASH NOT INCLUDED CUP HOLDER NOT INCLUDED WASTE CONTAINER NOT INCLUDED 1/0 PROGRAM MODULE NOT INCLUDED ADJUSTABLE PEDALS NOT INCLUDED EXTERIOR PAINT 1-COLOR CLEAR COAT NOT INCLUDED EXTERIOR GRAPHICS NOT INCLUDED ROOF NUMBERS INCLUDED EXT WARRANTY (BASIC BUS) 24 MONTHS /100,000 MILES EXTVVARRANTY(STRUCTURAL 144 MONTHS I 500,000 MILES INTEGRITY CORROSION) EXT WARRANTY (ENGINE B6. 7) 24 MONTHS I UNL MILES WARRANTY-BAE HYBRIDRIVE 24 MONTHS I UNL MILES WARRANTY (All OTHERS) BASE COVERAGE PER CONTRACT TRAINING-MAINTENANCE NOT INCLUDED TOTAL JEFFERSON CITY, MO VARIANCES STATE OF WASHINGTON, VVA 35' BAE HYBRID BASE UNIT PRICE (APRIL 2021) DELIVERY JEFFERSON CITY, MO 35' BAE APS2 HYBRID BASE UNIT PRICE PPI1413 ADJUSTMENT PER WA STATE CONTRACT AMENDMENT= (11.78%) SPARE /TOOLING BUDGET (1%) ['<,::_:._·;.-.. ::JJ~I.tB~e•x•:'.:_.; .• ·~s.i;:~~" REQUIRED REQUIRED NOT REQUIRED REQUIRED AIR PRESSURE & SPEEDOMETER REQUIRED REQUIRED REQUIRED REQUIRED NOT REQUIRED 3-COLORS REQUIRED JEFFERSON CITY CUSTOM GRAPHICS (SAME AS 92117) NOT REQUIRED 12 MONTHS /50,000 MILES 144 MONTHS /500,000 MILES 24 MONTHS I UNL MILES 24 MONTHS /UNL MILES BASE COVERAGE PER CONTRACT 3 WEEKS PER BUS JEFFERSON CITY, MO 35' BAE APS2 HYBRID CURRENT ADJUSTED PRICE (11/4/2022) OPTIONS TO BE CONSIDERED NOT INCLUDED IN ABOVE PRICING BRT FRONT CAP ONLY CONFIDENTIAL fd.'.Z;W_alJN§ET~ 69.00 35.00 - 35.00 - 125.00 35.00 170.00 750.00 - 4,300.00 1,800.00 849.00 (75.00) (500.00) - - - - 15,000.00 139,165.00 584,874.00 4,913.00 728,952.00 85,871.00 8,148.00 822,971.00 9,790.00 This pricing Information Is Intended only for the personal and confidential use of the reclplent(s) to whom it was originally sent. If you are not an intended recipient of this Information or an agent responsible for delivering it to an intended recipient. you are hereby notified lhat you have received this infonnation In error, and that any review, dissemination, distribution, or copying of !his message Is strictly prohibited. PAGE40F4 CONFIDENTIAL PRICE VARIANCE 11/4/2022 JEFFERSON CITY, MO STATE OF WASHINGTON #2020 06719-01 (2) 35' HYBRID BAE BUSES, SN: TBD 1··· .. · ... -. ,:•27.:--•.,:-.:-IO•··\ -o:-.:-•:i)'~[L .:··.•·; ·:COt•itXk••·-::•:'•-:· •• _.•-<:·:\-·••J v· :.;stfA1EiGW"":iWAtitiNGlf:e8iWA\:§0J I2I :;]fEFi~~~emt,f~L~·····a DRIVERS BARRIER WRAPAROUND WRAPAROUND W/OUT SCHEDULE HOLDERS W/OUT SCHEDULE HOLDERS DRIVERS PROTECTION BARRIER NOT INCLUDED AROW GLOBAL W/ EXT GLASS MODESTY PANEL FWD OF NOT INCLUDED NOT REQUIRED REAR DOOR OVERHEAD GRAB STRAPS NOT INCLUDED NOT REQUIRED STANCHIONS YELLOW POWDER COATED STAINLESS STEEL PASSENGER WINDOWS STDFRAME/UPPERTRANSOM BONDED FRAME I UPPER TRANSOM GLAZING GUARDS NOT INCLUDED NOT REQUIRED HEAD LAMPS LED LOW & HIGH BEAMS LED LOW & HIGH BEAMS STOP/TAIL/TURN/BACK UP LAMPS 4" ROUND DIALIGHT LED 7" ROUND DIALIGHT LED REAR CAP GRILLE LOWER CENTER (2) 4" RED LED LAMPS (2) 7" RED LED LAMPS STOP LAMPS BRAKE LAMPS ON REAR NOT INCLUDED NOT REQUIRED ENGINE DOOR REAR AUXILIARY TURN SIGNALS NOT INCLUDED NOT REQUIRED YIELD SIGN NOT INCLUDED NOT REQUIRED BATTERY COMPARTMENT LAMPS LED 12" STRIP LAMP LED 12" STRIP LAMP INTERIOR LAMPS LED 1/0 CONTROLS LED 1/0 CONTROLS PLEASURE RADIO NOT INCLUDED NOT REQUIRED 2-WAY RADIO & ANTENNA PRE-WIRE W/ANTENNA PRE-WIRE W/ANTENNA PA SYSTEMNOICE ANNUCIATOR STDREI STD REI CAD I AVL ITS SYSTEM NOT INCLUDED NOT REQUIRED DRIVERS SPEAKER NOT INCLUDED NOT REQUIRED BOOMMIC INCLUDED REQUIRED HEATED FRONT GLAZING NOT INCLUDED NOT REQUIRED DESTINATION SIGNS TWIN VISION AMBER LUMINA TOR AMBER (FRONT SIDE & REAR) (FRONT & SIDE & REAR) FRONT RUN SIGN NOT INCLUDED NOT REQUIRED FAREBOX PRE-WIRE ONLY 41" GFI FAST FARE (BUDGETARY) FAREBOX GUARD INCLUDED REQUIRED CEILING MTD FAREBOX LAMP NOT INCLUDED REQUIRED TRANSFER CUTTER NOT INCLUDED REQUIRED PASSENGER COUNTER NOT INCLUDED UTA W/ (2) HELLA SENSORS FULL COMPOSITE FLOOR NOT INCLUDED NOT REQUIRED FLOORING MATERIAL ALTRO ALTRO ROOF HATCHES (1) REAR MANUAL (2) FRONT & REAR MANUAL EXTERIOR MIRRORS 8" X 8" 1-PC, 10X11 2-PC, NON-HEATED WI REMOTE HEATED W/ REMOTE FIRE SUPRESSION AMEREXV-25 NOT REQUIRED TRAFFIC LIGHT PREEMPTION NOT INCLUDED NOT REQUIRED SAFETY VISION VIDEO SURVEILLANCE NOT INCLUDED 8-CAMERA VIDEO SYSTEM W/4112HVR, 2TB & MONITOR BACK UP CAMERA W/ DASH NOT INCLUDED INCLUDED WITH VIDEO SYSTEM MOUNTED MONITOR BIKE RACK SPORTWORKS SPORTWORKS DL2 SSTL MOUNTING BRACKETS ONLY BIKE RACK MIRROR NOT INCLUDED NOT REQUIRED BIKE RACK DEPLOYED LAMP NOT INCLUDED NOT REQUIRED PAGE3 OF4 cc·-~:~,:j - 5,240.00 - - - 4,486.00 - - - 100.00 - - - - - - - - - - - - - - 25,000.00 - 88.00 63.00 6,465.00 - - 317.00 349.00 (2,099.00) - 9,080.00 - 1,578.00 - - CONFIDENTIAL PRICE VARIANCE 11/4/2022 JEFFERSON CITY, MO STATE OF WASHINGTON #2020 06719-01 (2) 35' HYBRID BAE BUSES, SN: TBD HVAC (TK) REFRIGERANT PRESSURE DISPLAY DRIVERS HEATER MOTORS FRESH AIR MAKE-UP AUXILIARY COOLANT HEATER FRONT STEP HEATER EXIT DOOR HEATER UNDERSEAT HEATER WARM WALL HEATER WARM WELCOME MAT ICREAR DOOR) DASH FAN(S) SENSTIVE EDGE REAR DOOR REAR DOOR CONTROLS VAPOR ELECTRONIC DOOR CONTROLW/BUTTONS EXTERIOR FRONT DOOR RELEASE ELECTRICAL EQUIPMENT CABINET ELECTRICAL EQUIPMENT CABINET INTERIOR LIGHTS SS WHEELWELL STORAGE BOX (AFT ELECTRICAL BOX) CS WHEELWELL STORAGE BOX FRONT CS WHEELWELL PACKAGE RACK PASSENGER INFO STATION SCHEDULE RACKS EXTERIOR AD FRAME INTERIOR AD FRAME PASSENGER SEATS SEAT RISERS FOR FWD FACING SEATS FRONT WHEEL WELL VERTICAL STANCHIONS DRIVERS SEAT SEAT BELT ALARM SEAT CUSHION ALARM SEAT ARMREST PASSENGER SIGNALS STOP REQUEST AT REAR DOOR STANCHION STOP REQUEST LAMP AT DASH THERMOKING T-14 W/ BRUSHLESS THERMOKING ELECTRIC TE14 1160 00 MOTORS S391 I R134A ' . NOT INCLUDED REQUIRED 356.00 BRUSH LESS BRUSH LESS - NOT INCLUDED REQUIRED 725.00 NOT INCLUDED NOT REQUIRED - NOT INCLUDED REQUIRED 324.00 NOT INCLUDED NOT REQUIRED - NOT INCLUDED NOT REQUIRED - NOT INCLUDED NOT REQUIRED - NOT INCLUDED NOT REQUIRED - NOT INCLUDED NOT REQUIRED - NOT INCLUDED REQUIRED 275.00 34" AIR OPEN/SPRING CLOSE 34" AIR OPEN/AIR CLOSE - FULL DRIVER CONTROL FULL DRIVER CONTROL - NOT INCLUDED NOT REQUIRED - NOT INCLUDED NOT REQUIRED - 44" W/(2) FANS 44" W/(2) FANS - NOT INCLUDED NOT REQUIRED - NOT INCLUDED NOT REQUIRED - NOT INCLUDED NOT REQUIRED - NOT INCLUDED REQUIRED 125.00 NOT INCLUDED OBIC 10P22 41L 495.00 NOT INCLUDED (3) INNOCOM 8.62"X11"X1" 72.00 NOT INCLUDED NOT REQUIRED - NOT INCLUDED NOT REQUIRED - AMSECO AMSECO INSIGHT W/ A.R.M , INSIGHT PRIME W/ ARMS , 5,103.00 Q'STRAINT BELTS & CLEAR RIDE Q'STRAINT RESTRAINTS ANTIMICROBIAL TREATMENT NOT INCLUDED REQUIRED 2,500.00 IN RAISED FLOOR AREA (QTY 2) NOT INCLUDED NOT REQUIRED - RECARO ERGO METRO USSCG2 644.00 WI HEADREST & 2-PT BLACK BELT W/3PT SHOULDER BELT NOT INCLUDED NOT REQUIRED - NOT INCLUDED NOT REQUIRED - NOT INCLUDED REQUIRED 338.00 CURBSIDE & STREET SIDE PULL CORDS PULL CORDS - NOT INCLUDED NOT REQUIRED - NOT INCLUDED REQUIRED 38.00 PAGE 2 OF4 CONFIDENTIAL PRICE VARIANCE 11/4/2022 JEFFERSON CITY, MO STATE OF WASHINGTON #2020 06719-01 (2) 35' HYBRID BAE BUSES, SN: TBD rr-,_-··>2S···•········•:d:·\~,•~.\.•••,-•JJ11EMIJS?:7;./'•:r3Yc ;·<-· ffi·.·.•:•.·•1SfrE1B~il(IN'Gt~~A\i•.l.I£jj ["":8;{' .···:· ~E~i;li$.~,.r§I1J:M~l-· ···~[.2:;;] BRTSTYLING NOT INCLUDED NOT REQUIRED CUMMINS ENGINE CUMMINS B6.7, 280 HP CUMMINS B6.7, 280 HP HYBRID DRIVE BAE HDS 200 APS 1 BAE HDS 200 APS 2 WIULTRACAPS W/32 KW BATTERIES HYBRID START I STOP MODE NOT INCLUDED REQUIRED HYBRID DEPOT MODE NOT INCLUDED REQUIRED ELECTRIC AIR COMPRESSOR & NOT INCLUDED REQUIRED ELECTRIC HYDRAULIC PUMP AUXILIARY ENGINE OIL FILTER NOT INCLUDED NOT REQUIRED COOLANT FILTER STD FLEETGUARD STD FLEETGUARD ENGINE FUEL FILTER STD FLEETGUARD STD FLEETGUARD ENGINE BLOCK HEATER NOT INCLUDED NOT REQUIRED AIR RESTRICTION INDICATOR DONALDSON INFORMER DONALDSON INFORMER RADIATOR MODINE E-FAN MODINE E-FAN E-COAT RAD/CAC NOT INCLUDED REQUIRED RADIATOR TANK GUARD NOT INCLUDED NOT REQUIRED ENGINE OIL EXTRACTOR PORT NOT INCLUDED NOT REQUIRED ENGINE OIL DRAIN MAGNETIC DRAIN PLUG MAGNETIC DRAIN PLUG TRANS OIL EXTRACTOR PORT NOT INCLUDED NOT REQUIRED BRAKES DISC BRAKES DISC BRAKES AXLE HUB SEALS GREASE SEALS OIL SEALS MAGNETIC AXLE DRAIN PLUGS INCLUDED REQUIRED AUTOMATIC TRACTION CONTROL INCLUDED REQUIRED HUBODOMETER NOT INCLUDED VEEDER ROOT HUBODOMETER GUARD NOT INCLUDED NOT REQUIRED WHEEL MOUNTING HUB PILOTED HUB PILOTED WHEELS (7} POWDER COATED (7}ALCOA STEEL WHEELS MACHINE FINISH W/ DURA BRIGHT DURAFLANGE WHEELS NOT INCLUDED REQUIRED TIRES CUSTOMER SUPPLIED GILLIG SUPPLY MICHELIN ELECTRIC STEERING ASSIST NOT INCLUDED NOT REQUIRED VIP TEXTURED STEERING WHEEL NOT INCLUDED NOT REQUIRED DROP DOWN AUTOMATIC CHAINS NOT INCLUDED NOT REQUIRED DIESEL FILL EMCO WHEATON GRAVITY FILL DASH FUEL GAUGE NOT INCLUDED REQUIRED OIL PRESSURE & COOLANT TEMP ELECTRIC MECHANICAL GAUGES IN ENGINE COMP'T SWAT SWITCH NOT INCLUDED NOT REQUIRED ELECTRICAL TOW CONNECTION NOT INCLUDED NOT REQUIRED DUAL AD-IP AIR DRYER NOT INCLUDED NOT REQUIRED ENGINE SKID PROTECTION NOT INCLUDED REQUIRED W/2" THICK X 2" WIDE WEAR PLATE A-POST SKID PLATES NOT INCLUDED CS&SS HORN SPLASH SHIELD NOT INCLUDED NOT REQUIRED REAR HAND THROTTLE NOT INCLUDED REQUIRED INSULATION LEVEL 2 UPGRADE NOT INCLUDED NOT REQUIRED BATTERY TYPE (4) ODYSSEY GROUP 32 (4) ODYSSEY GROUP 32 BATTERY JUMP START CONN INCLUDED REQUIRED (REAR CONNECTION) (REAR CONNECTION) WHEELCHAIR RAMP LIFT-U LU18 LIFT-U LU18 PAGE 1 OF 4 [' -.;;,~eg[;~~-1 - - 25,000.00 195.00 296.00 17,436.00 - - - - - 1,485.00 - - - - - - - - 79.00 - - 1,294.00 1,384.00 5,827.00 - - - (265.00} 134.00 196.00 - - - 377.00 178.00 - 134.00 - - - - B t A ' L_ B J A J REVISIONS NOTES: 1. 71'J MAXIMlZE OCCUPAN/' CRASJ1 PRDTECTION AND REDUCE 771E POTEN7JAL FOR SICNIRCANT INJURY 71'J PASSENGERS SEATFD IN 77IE RRST FORJfARD FACTNC SEATS IMMEDIATELY REARWARD OF 17lE All( AREA. CIWC REQUIRES EIT1IER: 1.1 77IE PlACEMENT' OF A B4RRIER FORJfARD OF THESE SEATS. 1.2 USE OF A CRAB/STANCHION POlE FOR 77IE AISlE SEAT AND WAU. MOUNTED CRAB HANDlE FOR 77IE OUTBOARD SEAT OR 1.3 SEAT BELTS ON lJ017I THESE SEATS. 2. All DIMENSIONS ARE IN INCHES. 3. FLOORING LAYOUT: SEE F"L-68366R009 (BAE). 4. THIS DRAWING IS TO BE USED FOR SEAT INSTALLATION. ALL OTHER GRAPHICS ARE SHOWN FOR R£:TERENCE ONLY. SEE BOM/PAINT LAYOUT F"OR EXTERIOR GRAPHICS AND GLAZING. F"OR APPLICABLE 0/H RAILS, TRANSMISSION HATCH AND STANCHIONS, RACKS AND HA~DLES ON WHEEL WELL SEE BOM/MEETING NOTES. Sf.AT AND RESTRAJ!<.IJ NOTES: 10. SEATS & RESTRA1NT BELTS ~UST IAEET rvvSS 209 & 302 STANDARDS. 11. All SEATS WITH T -PEDESTALS SHALL HAVf AN OPE~ CHANNEL DESIGN. AlL SEATS WITH CIVE~S!ON [c6.12 SriALL HAVE 3.0 LONG IJOUNTING SLOTS. 12. W/C BELTS AND RETRACTORS: SEE SPEC SHEET, ALSO AFFECTS RE ... OTE BELT RE~EASE TYPE I> REQUIRED A. 0' STRAINT = Q' STRA!NT PULL HANOI.E LEVER B. SUR[-LOK = SURE-LOK DUAL AUTO LOK (NOT AVAILABLE rDR OPTION P) 13. FOR EACH W/C LOCATIONS WITH FLOOR ANCHORAGE DISTANCES GREATER THAN 60 INCHES SHALL INCLUDE {2) WEBBING LOOPS. ICTAL OIY SHIPPED I.OOSE: 2. (REQUIRED FOR CURBSIDE ADA AREA). 14. REF: FOR SEAT SPECIFICATION OPTIONS AND OTHER SEAT DETAILS NOT SHOWN. SEE PURCHASING ORDER SPECIFICATION SHEET. II' -PNII'IUIIIEA 28 PA.SSENGE~ SEAT SUP"LIER: AMERICAN SEATING CO. PASSENGER SEAT MODELS: - i a>T Kl nOO'l POC<Ci l SI\GJ: LOOSE R[SiRANT -'a>i Kl r~OO'l POC([T IKSC'fi NJ.I!l!OW wn:-a·PO~P~l0~25-:>2,;15.75 Ea8.0 STOP 11::0. NOTES AND COMMENTS S GNATUR£ ON !~IS ORAW1NG INO CAlES CUSIOIIERS APPROVAL or LAYOUT AH:l AGREEIIENT ntAT SAllE IS IN COI,IPLIA.~CE W1l" CUS70\IER'S SPECif"ICAIIONS. ONCE: SICN!:O TIUS DRAWING BI:COI.IES A PAAT or I 6466 I CONTRACT * m INSIGHT NARROW AOAPURCitASE: ORDtR f: _________ _ PASSENGERS SEE PRODUCTION BOM ~~T~~ ~:BtHALF_Of_AN.~D-.,W""Il~H-:T""'HE;:-::AU""'T=HO'liTY OF KIT & DIAGRAM, SEAT LF201 0 35' X 1 02" ISLAND TRANSIT, WA SL-82445-195355 B L A l -' L ..: .~ ....... ~11 -----. tl ' I / L..=.--:~~--~:.J ! 4.511Q'C111dl\'=~ .... - ~---------------------2~.0--------------------~ B J A j NOTES: 1. ro MAXIMIZE OCCUPANT CRASH PROTECTION AND REDUCE 77IE POTENTIAL FOR SIGN/1'7CAN7' INJURY ro PASSENr;ERS SEATED IN 17/E FIRST FORJY.AJUJ FACING SEATS IMMEDIATELY REARIY.AJUJ OF 17/E All4 AREA. CIUJC P.EQlRRES E117lER: t. t 77IE PLACEMENT OF A BAIUUER FORWARD OF 77lESE SEATS. t.2 USE OF A CRAB/STANCII/ON POLE FOR 77IE AISLE SEAT AND 'WAU MOUNfED CRAB HANDLE FOR 771E OUI"BOARD SEAT OR t.3 SEAT BELTS ON IJ(JTJI 771ESE SEATS. 2. All DIMENSIONS ARE IN INCHES. 3. FLOORING LAYOUT: SEE FL-68366R009 (3AE). 4. THIS DRAWING IS TO BE USED FOR SEAT INSTALLATION. All OTHER GRAPHICS ARE SHOWN •oR REFERENCE ONLY. SEE BOM/PA'NT LAYOUT FOR EXTERiOR GRAOHiCS AND GLAZING. FOR APPLICABLE 0/H RA•LS, TRANSMISSION I'ATCH AND STANCHIONS, RACKS AND HA'IDLES ON W,-tE:EL WELL SEE BOM/MEETING NOTES. SEAT AND RE'STRAINT NOTES: 10. SEATS & RESTRAINT BELTS ~UST ~EET FMVSS 209 & 302 STANDARDS. 11. ALL SEATS WITH T -PEDESTALS SHALL HAVE AN OPEN CHANNEL DESIGN. All SEATS WITH DIV.ENSION Ez6. 12 SHALL HAVE 3.0 LONG MOUNTING SLOTS. 12. W/C BELTS AND RETRACTORS: SEE SPEC SHEET, ALSO AFFECTS REMOTE BELT RELEASE TYPE IF REQUIRED A. 0' STRAINT .. 0' STRAINT PULL HANDLE LEVER B. SURE -LOK = SURE -LOK DUAL AUTO LOK (NOT AVAILABLE FOR OPTION P) 13. FOR EACH W/C LOCATIONS WITH FLOOR ANCHORAGE DISTANCES GREATER THAN 60 INCHES SHALL INCLUDE (2) WEBBING LOOPS. TOTAL QTY SHIPPED LOOSE: 2. (REQUIRED FOR CURBSIDE ADA AREA). 14. REF: FOR SEAT SPECIFICATIOI\ OPTIONS AND OTHER SEAT DETAI~S NOT SHOWN. SEE PURCI'ASING ORDER SPECinCATION SIIEET. CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item C SUBJECT: Cooperative Procurement-State of Washington . Department of Enterprise Services . Contract 06719 -Public Works -Transit -Expiration Date : December 29. 2024 DATE CONSIDERED: November 21 , 2022 DEPARTMENT DIRECTOR(S): --...p...:.-=~:........!....-~-1--===------ CITY ADMINISTRATOR: ---T'a..J==::::=:::::::,;~----:;:z=;;~~~~~------- This Consent Agenda item is to allow a Cooperative Procurement with the contract from the State of Washington for the procurement of two Gillig Hybrid buses . Total cost is $1,645,942 which will be paid with 80% grant funds. CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item D SUBJECT: Acceptance of 2022 Community Development Block Grant Funds DATECONSIDERED: November21 ,2022 L ~ DEPARTMENT DIRECTOR(S): ~~~ CITY ADMINISTRATOR: ..It--~ :4-~ Approval of this Consent Agenda item would allow acceptance of Community Development Block Grant (CDBG) funds in the amount of $290,586 . The 2022 Action Plan dictates these funds be used for: down payment assistance , emergency home repair , infrastructure improvements , administration costs , and demolition assistance . No matching funds are required . Memorandum ______________________________________________________________________________ To: City Council From: City Administrator Re: Grant Acceptance Over $25,000 For: Consent Agenda ______________________________________________________________________________ Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant: The name of the grantor: Housing and Urban Development – Community Development Block Grant The amount of the grant: $290,586 – *original adopted FY22 budget included $320,203.45 The purpose of the grant: Fulfill CDBG Activities referenced in the 2022 Action Plan: down payment assistance, emergency home repair, public infrastructure, administration costs, and demolition. Any matching requirements or future obligations tied to acceptance of the grant: GL Acct where matching funds will come from (will be used for budget adjustment upon grant acceptance to make budget authority in expense acct shown below whole) No match required. CFDA#: 14.228 Grant Award # (if any): B-22-MC-29-0012 City Department Responsible: Planning and Protective Services Employee assigned as Grant Administrator: Rachel Senzee Revenue account # to be amended: ($29,617.45) 10-149-430010 Federal Grant *see notation above Expense account # to be amended: ($29,617.45) 10-149-528020 Housing Assistance *see notation above Reviewed by Finance: Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. For Finance Department Use only: Approved on the Consent Agenda this _______ day of _______, 20_____ Revised 8/2/16 by Ordinance 15545 F undin g Approval/ Ag r eement Title I of the Housing and Community Development Act (Public Law 930383) ffi-00515R of20515R U.S. Departmen t of Housi ng and Urban Development Office of Community Planning and Development Community Development Block Grant Program OMB Approval No. 2506-0193 exp 113 112025 1. Name of Grantee (as shown in item 5 of 51andard Fonn 424) 3a. Grantee's 9-digit Tax ID Nli'Tlber 3b. Grantee's 9-dig it DUNS Number Jefferson City 446000193 VDNHEABWLHK6 (UEI) 2. Grantee's Complete Address (as shown in item 5 of Standard Fonn 424) 4. Date use of funds may beg in 320 E. McCarty Street 01/0112022 Jefferson City , MO 65 101 Sa. Project/Grant No . 1 6a. Amount Approved B-22-MC-29-0012 $290,586 5b. Project/Grant No . 2 6b. Amount Approved Grant Agreement: nus Grant Agreement between the Department ofHousmg and Urban Development (HUD) and the above named Grantee 1s made pursuant to the au thority of Title I of the Ho us ing and Community Development Act of 1974 , as amended, (42 USC 530 1 et seq.). The Grantee's submissions for Title I assistance, the HUD regulati ons at 24 CFR Part 570 (as now in effect and as may be amended from time to tim e), and thi s Funding Approval, including any special conditions, constitute part of the Agreement . Subject to the provisions of this Grant Agreement, HUD will make the funding assistance specified here avai lable to the Grantee upon execution of tl1e Agreement by the parties. The funding assistance specified in the Funding Approval may be used to pay costs incurred after tl1e date spec ified in item 4 above provided the activiti es to which such costs arc related arc carried out in compliance with all applicable requirements. Pre-agreement costs may not be paid with fundin g assistance specified here unless they arc authorized in HUD regulations or approved by waiver and listed in the special conditions to the Funding Approval. The Grantee agrees to assu me all of the responsibilities for environmental review, decision making. and actions, as specified and required in regulations issued by the Seeretruy pursuant to Section 104(g) of Title I and published in 24 CFR Part 58. The Grantee further acknowledges its responsibi lity for adherence to the Agreement by sub- . h" h . fi rec1p1ent entitles to w 1c 1t makes imding assistance hereunder available. U.S. Department of Housing and Urban Development (By Name) Grantee Name (Contractual OrganizaOOII) Dana Buckner Jefferson City (City of Jefferson) Tille Trtle CPO Director (Acting) Carrie Tergin, Mayor Signature Date (mm/dd/m)') :~~ Date (rmtldd/m)') X _.)v..----L ~//L_ I 11312022 /1-(0-A~ 7. Category of Title I Assistance for this Funding Action : 8 . Special Conditions 9a. Date HUD Received Submission 10. check one (check one) (mm/dd/m)') 181 a. Orig . Funding Entitlement. Sec 106(b) 0 None 9b. Date Grantee Notified Approval [81Attached (mm/dd/m)') 0 b. Amendment 9c. Date of Start of Program Year Amendment Number 1/112022 11. Amount of Community Development Block Grant FY 2022 a . Funds Reserved for this Grantee b. Funds now being Approved $290.586 c. Reservation to be Cancelled (11a minus 11b) 12a. Aroount of Loan Guarantee Convnitment now being Approved 12b. Name and complete Address of Pubic AIJefq N/A Loan Guarantee Acceptance Provisions for Designated Agendes: The public agency hereby accepts the Grant Agreement executed by the Department of Housing and Urban Development on the above date with respect to the above grant numbct(s) as Grantee designated to receive loan 12c. Name of Authorized Official lor Designated Public At,Jency guarantee ass istance, and agrees to comply with the terms and conditions of the Agreement, appli cable regulations, and other requirements of HUD Tille now or hereafter in effect, pertaining to the assistance provided it. Signature X HUD Accou nti ng use O nly Eflective Date Batch TAC Program Y A Reg Area Document No . Project Number Calegoly Amount (rmtldd/m)') F ITO ITITD ITO 0 0 0 CD 1111 I II I I I I I [[IIJ .___I _ __. ~ Y Project Number 0 I I I I I II..__........,....-------' Y Project Number 0 I I I I I I I II 10 Amoult Amoun t Date Entered PAS (mm/ddlyyyy) Date Entered LOCCS (mm/dd/m)') Batch Number Transaction Code Entered By Verified By 24CFRS70 fonn HUD-7082 (SitS) 8. Special Conditions. (a) The period of performance and single budget period for the funding assistance specified in the Funding Approval ("Funding Assistance") shall each begin on the date specified in item 4 and shall each end on September 1, 2029. The Grantee shall not incur any obligations to be paid with such assistance after September 1, 2029. (b) The Recipient shall attach a schedule of its indirect cost rate(s) in the format set forth below to the executed Agreement that is returned to HUD. The Recipient shall provide HUD with a revised schedule when any change is made to the rate(s) described in the schedule. The schedule and any revisions HUD receives from the Recipient shall be incorporated herein and made a part of this Agreement, provided that the rate(s) described comply with 2 CFR part 200, subpart E. Administering Department/ Agency Planning & Protective Services Indirect cost rate 0 % --- % --- % --- % --- % --- Direct Cost Base $0.00 Instructions: The Recipient must identify each agency or department of the Recipient that will carry out activities under the grant, the indirect cost rate applicable to each department/agency (including if the de minimis rate is used per 2 CFR §200.414(f)), and the type of direct cost base to which the rate will be applied (for example, Modified Total Direct Costs (MTDC)). Do not include indirect cost rates for subrecipients. (c) In addition to the conditions contained on form HUD 7082, the grantee shall comply with requirements established by the Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS); the System for Award Management (SAM.gov.); the Federal Funding Accountability and Transparency Act as provided in 2 CFR part 25, Universal Identifier and General Contractor Registration; and 2 CFR part 170, Reporting Subaward and Executive Compensation Information. (d) The grantee shall ensure that no CDBG funds are used to support any Federal, State, or local projects that seek to use the power of eminent domain, unless eminent domain is employed only for a public use. For the purposes of this requirement, public use shall not be construed to include economic development that primarily benefits private entities. Any use of funds for mass transit, railroad, airport, seaport or highway projects as well as utility projects which benefit or serve the general public (including energy-related, communication- related, water-related and wastewater-related infrastructure), other structures 24 CFR570 form HUD-7082 (5/15) designated for use by the general public or which have other common-carrier or public-utility functions that serve the general public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to public health and safety or brownfield as defined in the Small Business Liability Relief and Brownfields Revitalization Act (Public Law I 07-118) shall be considered a public use for purposes of eminent domain. (e) The Grantee or unit of general local government that directly or indirectly receives CDBG funds may not sell, trade, or otherwise transfer all or any such portion of such funds to another such entity in exchange for any other funds, credits or non-Federal considerations, but must use such funds for activities eligible under title I of the Act. (f) E.O. 12372-Special Contract Condition-Notwithstanding any other provision of this agreement, no funds provided under this agreement may be obligated or expended for the planning or construction of water or sewer facilities until receipt of written notification from HUD of the release of funds on completion of the review procedures required under Executive Order (E.O.) 12372, Intergovernmental Review of Federal Programs, and HUD's implementing regulations at 24 CFR Part 52. The recipient shall also complete the review procedures required under E.O. 12372 and 24 CFR Part 52 and receive written notification from HUD of the release of funds before obligating or expending any funds provided under this agreement for any new or revised activity for the planning or construction of water or sewer facilities not previously reviewed under E.O. 12372 and implementing regulations. (g) CDBG funds may not be provided to a for-profit entity pursuant to section 105(a)(17) of the Act unless such activity or project has been evaluated and selected in accordance with Appendix A to 24 CFR 570 -"Guidelines and Objectives for Evaluating Project Costs and Financial Requirements." (Source- P.L. 113-235, Consolidated and Further Continuing Appropriations Act, 2015, Division K, Title II, Community Development Fund). 24 CFR570 fonn HUD-7082 (5/15) PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-078 SPONSOR: Councilmember Lester SUBJECT: Approval of a Planned Unit Development (PUD) Plan Amendment for Property Located at 1716 Four Seasons Drive (Planning and Zoning Commission Case No. P22014) DATE INTRODUCED: PUBLIC HEARING: November 21, 2022 December 5, 2022 Staff Recommendation: Approve . Summary: Standard ordinance approving an Amended PUD Plan Origin of Request: Property Owners through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Eric Barron Background Information : A request was filed for an amendment to the current Planned Unit Development (PUD) Plan in place for the subject property . The applicant desires to operate a gymnastics facility in the existing vacant office building located on the site. An amendment to the PUD Plan is necessary to permit such proposed use as currently the PUD Plan only permits office uses . Building modifications , including raising the building height by 10 feet, are proposed . Please refer to the attached Planning and Zoning Commission Case P22014 for more information . Planning and Zoning Commission Review : The Planning and Zoning Commission reviewed the application for a PUD Plan Amendment at their meeting of November 10, 2022. The motion to approve PASSED on a vote of 8 in favor and 0 against. Public Notice : Standard public notice procedures were followed in advance of the Planning and Zoning Commission meeting and the City Council meetings . This includes (1) publication of the public notice agenda in the Jefferson City News Tribune 15 days in advance of the hearing on the case ; (2) notification by letter to adjoining and affected property owners within 185 feet , and other interested parties; and (3) posting of a sign on the property announcing the date and time of the hearing on the case 10 to 15 days in advance of the hearing . Public Comment Received: No public comment has been received to date . Fiscal Information: $740 .00 in application fees were received . Planning & Zoning Commission Recommendation: Approve. BILL NO. 2022-078 SPONSORED BY Councilmember Lester ORDINANCE NO. ______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 1716 FOUR SEASONS DRIVE . WHEREAS, Schilpp & Burkett Properties , LLC, owners of the real estate hereinafter described , having submitted a PUD Plan Amendment of said real estate described as follows: Lot A, Corporate Woods Replat, Jefferson City, Cole County, Missouri; and WHEREAS, it appears that the procedures set forth in the Zoning Code relating to Planned Unit Developments have in all matters been complied with, as said property owner submitted to the Planning and Zoning Commission and City Council a PUD Plan Amendment for the above referenced property. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. The PUD Plan Amendment , on file as Case No. P22014 in the Jefferson City Planning and Zoning Division, is hereby approved for the land referenced above . Section ~. Permitted Land Uses . Permitted uses for the property shall be limited to the permitted uses of the C-1 Neighborhood Commercial zoning district with the addition of indoor athletic facility (gymnastics facility) as a permitted use of the property. Signage and lighting shall adhere to the allowances of the C-1 Neighborhood Commercial zoning district. Section~· Common Areas and Public Land . No common areas are proposed and no lands are dedicated to public use with this PUD Plan . Section 1_. This ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : -----------------------Approved: _______ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City ~ftorney - Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION November 10, 2022 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Gregory Butler Bunnie Trickey Cotten Emily Fretwell Shanon Hawk Blake Markus Treaka Young, Alternate Hank Vogt, Alternate Jacob Robinett, Alternate COMMISSION MEMBERS ABSENT COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner Lisa Dittmer, Administrative Assistant 5:15p.m. Sonny Sanders, Director of Planning & Protective Services ATTENDANCE RECORD 5 of 5 5 of 5 2 of 5 5 of 5 4 of 5 5 of 5 4 of 5 5 of5 5 of 5 3 of 5 Guests: Curtis Neuenswander, Eric Burkett, Paul Samson, Heath Garvin, Luke Holtschneider, Eric Landwehr, and Jamie Reed. Case No. P22014 -1716 Four Seasons Drive, Amendment to Planned Unit Development (PUD) Plan. Request filed by Schilpp & Burkett Properties LLC, property owner, for an amendment to the Planned Unit Development (PUD) Plan to permit operation of a gymnastics facility on the site. The property is located at the southwest corner of the intersection of Flora Drive and Four Seasons Drive and is described as Lot A, Corporate Woods Replat, in the City of Jefferson, Missouri. (Rimiller Architects, Consultant) Ms. Bliss stated the applicant is requesting to amend the PUD plan to permit the operation of a gymnastics facility in the existing office building. Eric Burkett, owner of JC Gymnastics on Stadium Blvd and Tiny Tumblers Gym at the Capital Mall, presented the case. Both facilities currently have approximately 570 kids enrolled in classes, with several on waiting lists due to limited space in both locations. Ms. Bliss stated that staff recommends approval of the proposed amendment of the PUD plan with a condition of attaching an underlying zoning of C-1 for the purpose of determining future permitted uses. Ms. Cotten moved and Mr. Butler seconded a motion to recommend approval of the major Planned Unit Development Plan amendment in order to permit the operation of requested gymnastics facility with the following condition: 1. Establishment of a C-1 Neighborhood Commercial zoning designation as the underlying zoning district for the purposes of determining other permitted uses, signage, and lighting. The motion passed 8-0 with the following votes: Aye: Butler, Cotten, Fretwell, Hawk, Markus, Quigg, Young, and Vogt. Nay: None. Jefferson City Planning & Zoning Commission November 10, 2022 Case No. P22014 1716 Four Seasons Drive Schilpp & Burkett Properties LLC Major PUD Plan Amendment I City of Jefferson Planning & Zoning Commission I LOCATION MA~ Case No. P22014 1716 Four Seasons Road PUD Plan Amendment o 65 130 260 Feet ..::::IIII:::J ........ City of Jefferson Planning and Zoning Commission I VICINITY Case No . P22014 1716 Four Seasons Drive PUD Plan Amendment 0 160 320 640 Feet PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION November 10,2022 Case No. P22014 -1716 Four Seasons Drive, Amendment to Planned Unit Development (PUD) Plan. Request filed by Schilpp & Burkett Properties LLC, property owner, for an amendment to the Planned Unit Development (PUD) Plan to permit operation of a gymnastics facility on the site. The property is located at the southwest comer of the intersection of Flora Drive and Four Seasons Drive and is described as Lot A, Corporate Woods Replat, in the City of Jefferson, Missouri. (Rimiller Architects, Consultant) Nature of Request A request was filed for an amendment to a PUD Planned Unit Development Plan which would alter and increase the type of uses permitted for the 3.51 acres property addressed as 1716 Four Seasons Drive. Currently, the site contains a vacant office building which sustained damage from the 2019 EF-3 category tornado. The applicant desires to amend the existing PUD Plan for the subject property to add indoor athletic and recreation operations (gymnastics facility) to the permitted uses. The building plan involves a I 0' building height extension. Requests for major PUD Plan amendments must go through a review and approval process. PUD Plan Amendment Review Process Amendments to Planned Unit Development (PUD) Plans are categorized as either minor or major. Under Section 35-74 C.5.d.(l). and Section 35-74 C.5.f., a change in use is considered a "major'' amendment to PUD Plans. In accordance with Section 35-70, Major Planned Unit Development Plan amendments are reviewed by the Planning and Zoning Commission before going to the City Council for a final decision. Zoning and Surrounding Land Use Current Zoning: PUD Planned Unit Development Current Use: Vacant Office Building Proposed Use: Gymnastics Facility Surrounding Zoning Surrounding Uses North C-2, C-0 Commercial South PUD Contractor Trade Shop East PUD Vacant Commercial Property West C-2 Vocation Education, Medical Office Background and History In 1995 Corporate Woods Subdivision was approved by both the Planning and Zoning Commission and City Council. At the time of the approval of the preliminary and final subdivision plat in 1995, the site of the current PUD Plan amendment request was known as Lots 1-6. The October 1997 Planning and Zoning Commission Case P97052 contains text within the staff report stating that the developer proposed office use for the subdivision. Within this same case, a request was made for Lots 1-6 for a Preliminary and Final PUD Plan for a 25,113 square feet office building with a future addition area of 4,940 square feet. Further, the case described proposed items such as brick/stucco for the front and sides of the building with metal for the back, over I 00 parking spaces, over 20 ash trees, and a loading dock and trash pad enclosed by a 5' slat wood fence. About a month later in 1997, another Planning and Zoning Commission Case (Case P97056) approved a revised PUD Plan for the site which requested application of the PUD Plan to the proposed replat that changed lot lines; producing altered front setbacks and what the subject site is known as today: Lot A. The two most recent cases involving the subject property of the current request were amendments for signage modifications. An amendment to the PUD Plan for alteration of sign placement and size was approved in 1998. Roughly 10 years later, another amendment to the PUD Plan was approved for the addition of a wall mounted sign to be placed on the front of the building. Staff Analysis The applicant has provided a PUD Plan amendment narrative and floor plan as well as building elevation which are attached in the Case P220 I 4 Packet. The applicant requests an amendment to the current PUD Plan in order to permit the operation of a gymnastics facility in the existing office building. The proposed height extension of the building is 10' to accommodate gymnastic activities. The building is suggested to contain some office space, break room, party rooms, locker rooms, bathrooms, and mezzanine area. The narrative describes that the facility will have an occupancy of I SO children per night and estimated 600- 700 children client base. Parking necessary for the proposed use is roughly I 26 spaces. The existing parking lot consists of approximately 150 spaces. The site should be capable of hosting such amount of spaces. An access point is present off of both Four Seasons Drive and Flora Drive. Adequate utilities appear to serve the use. All site improvements such as lighting, signage, and landscaping must comply with all applicable City Code requirements. Staff recommends establishing the C-1 Neighborhood Commercial zoning district as the underlying zoning designation for the purposes of determining and regulating other permitted uses, signage, and lighting for the site. Staff Recommendation Review of the PUD Plan amendment has deemed the proposed use compatible for the area. Negative impacts of traffic are not anticipated to be substantial and area roadways should have capacity to withstand such influx of traffic. Parking on site seems sufficient for the proposed use. The PUD Plan and its amendments as well as site modifications must comply with all applicable codes and regulations. Staff recommends establishing a C-1 Neighborhood Commercial zoning designation as the underlying zoning district to accommodate future uses of the building in addition to regulate components such as signage and lighting. Form of Motion: Motion to recommend approval of the major Planned Unit Development Plan amendment in order to permit the operation of requested gymnastics facility with the following condition: I. Establishment of a C-I Neighborhood Commercial zoning designation as the underlying zoning district for the purposes of determining other permitted uses, signage, and lighting. City of Jefferson Department of Planning & Protective Services 320 E. Mccarty Street Jefferson City, MO 65101 Phone: 573-634-6410 jcplanning@jeffcitymo.org wwwjeffersoncitymo.gov APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) o Concept PUD Plan )( Amendment to Final PUD Plan 0 Preliminary PUD Plan 0 Amendment to Final PUD Plan for Signage o Final PUD Plan PUD Project Name: ~+-+:; r <vV"\ Street Address: l "1 I h rt')<.Jr Legal Description: (as follows or i s attached)------------------------- Please attach or include the following: a) Typed project narrative describing the type and character of the development, including land uses, acreage, proposed residential densities or commercial floor area (FAR); public or private open space, amenities or recreation areas to be provided; sidewalks and pedestrian ways; parking areas; deviations from minimum design standards of Section 35-51; and other information required by Section 35-74 or applicable sections of the Zoning Code. The project title and location must be included upon every page. Number all pages and attachments. b) Site Plan and/or Development Plan, as applicable . c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association, as applicable; d) Draft of Covenants, Conditions and Restrictions, as applicable; e) Traffic impact analysis, if required by Section 35-60; f) Signage Plan, including type, locations and dimensions of all proposed signs; g) Landscaping and Screening Plan; h) Lighting Plan, including pole heights, type of fixtures or luminaries, and foot candles; i) Project Phasing Plan (if applicable) j) Application Fil ing Fee= $500 + $200 advertising fee+ $20 per acre+ $250 rezoning fee (if applicable) (Revised July 1, 2018) Application lnform~tion: • ( Property Owner: ......:....S~G::..:Vt~\..-1.-+'--..__,.;::-.::-=-~;::.::..-'-4-,--'-'----fi=,::-r"---'--=-=~-+--,----:-=--"'7'-:~~=--- Address S .0 \./1. c. o wto Phone Number(s):._~r,!.........t;.'-"3~-......~;;.;L.L...&...=.'--..=:...L.;.-=::....!.:..W--------------------- Consultant Name:__,c__;;......::..:...:...--=-----'-...;.::.:..-...:..;..-:....:.___.,__ ____________________ _ Address :_~~~---------------------------------- Phone Number(s): --------------------------------- Attachments: Narrative_ Site Plan_ App/icanVProject Information Sheet_ "Note other information submitted on back page 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 bu siness days to process the request. Page 1 of7 Alterations to 1716 Fours Seasons Drive PROJECT NARRITIVE: The existing building is 25,000 sq ft and is located on Four Seasons Drive, in Jefferson City, MO. This property was damaged by the tornado in 2019. The roof and siding were taken off by the storm, and the building has been unoccupied since. New ownership plans to raise the height of the building by 10', thereby allowing more ceiling height typically required for boys and girls gymnastic activities. The building use will change from business to assembly use. JC Gymnastics will occupy the renovated building. JC Gymnastics anticipates an occupant load of 150 kids a night, with a total client base of 600-700 kids. The single-story building will have a viewing mezzanine, bathrooms, locker rooms, break room, party rooms and some offices. JC GYMNASTICS STRUCTURAL MODIFICATIO NS 17 11 FOUR SEASONS DRIVE COUNTY OF cotE CITY OF JEFFERSON.~~ 65101 ~ ~~ 'I 't:~:i . K:Y ·:· I ·l:l mJ ; a ! .. a:J . 13 1 'p · ca ,..· cr 1 r---I \ \ \ \ I \ \ ' '. \ \ \ \ I / I I \ I I ) I I ~ ------0 I ... ~ -B I I I I -1-------1 ----@ I I I I I I I I I I 1-- 1- ··.~ I-I f-I I I-I f-I 0 ~~I I Pc~f-' ~1 -~ '--~l City of Jefferson Depa~ment of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 October 24, 2022 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, AICP, Director Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15p.m. on Thursday, November 10, 2022, to consider the following matters (see map on back): Case No. P22014-1716 Four Seasons Drive, Amendment to Planned Unit Development (PUD) Plan. Request filed by Schilpp & Burkett Properties LLC , property owner, for an amendment to the Planned Unit Development (PUD) Plan to permit operation of a gymnastics facility on the site. The property is located at the southwest corner of the intersection of Flora Drive and Four Seasons Drive and is described as Lot A, CorRorate Woods Replat, in the City of Jefferson, Missouri. (Rim iller Architects, Consultant) As a l nearby landowner and/or neighbor, you are being provided notice of this hearing . Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Pla nring and Zoning Commission in one of the following ways: e -mail: JCPianning@jeffersoncitymo.gov fax: Dept. of Planning and Protective Services I Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services I Planning Division I John G . Christy Municipal Building , 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting . Those unable to provide writt~n comments in advance are invited to deliver their comments to the Commission Chairman on ly at the meeting. Corresponde nce received after 1:00 p.m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on December 05, 2022. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. lnforlation regarding this case may be viewed on the Planning and Zoning Commission webpage at: http://www.jeffersonci tymo.gov/govern m enUp lanning/planni nq and zoning co m mission .ph p If yo I have any question s concerning this matter, please feel free to contact 573.634.6573. I Best Regards, ~ Kortne y Bliss Planner 1 Indiv iduals should co ntact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative fo rma ts as required unde r the Americans with Disabilities Act. Please allow three business days to process the request. Please ca ll (573 ) 634-6410 w ith questions regarding agenda ite ms. Case No. P22014 1716 Four Seasons Drive PUD Plan Amendment l L 185 ft. Notification Buffer N W+E s 0 75 150 300 450 600 ------Feel -] - 1 AURORAAVE 1----J-~ I I I i! z z m -+-=i m L - ~ __ G_O_O..::.DA:...:.L:::L:..:L::::_N:...__j TANNER BRIDGE CT Jefferson City Plann i ng and Zoning Commission Property Owner List Case P22014 CAPITAL THREE INC 1716 Four Seasons Drive 10/21/2022 1076 INDUSTIAL DR OSAGE BEACH , MO 65065 1717 FOUR SEASONS DR MO 65101 CHRISTY COURT DEVELOPMENT GROUPL L C 1704 CHRISTY CT JEFFERSON CITY, MO 65101 1704 CHRISTY CT MO 65101 FLORA PARTNERS L L C 9035 LADUE RD STLOUIS, MO 63124 215 FLORA DR MO 65101 I BE W BUILDING CORPORATION LOCAL UNION 257 209 FLORA DR JEFFERSON CITY, MO 65101 216 FLORA DR MO 65101 JUDD, MARKS & MARY T; CYR , CHRISTIAN J & JAMIE M PO BOX 174 HENNEPIN, IL 61327 1720 FOUR SEASONS DR MO 65101 KOLB BROTHERS L L C PO BOX576 JEFFERSON CITY, MO 65102 225 FLORA DR MO 65101 MCFERRON , JOSEPH D CREED, MARY MELISSA J 1632 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1632 TANNER BRIDGE RD MO 65101 MID-JEFF PROPERTIES INC PO BOX 576 JEFFERSON CITY, MO 65102 1611 CHRISTY DR JEFFERSON CITY, MO 65101 0 & M DEVELOPMENT L L C 320 WESTCHASE LN JEFFERSON CITY, MO 65109 315 FLORA DR MO 65101 PETERSHAGEN, JERRY W SCHINDELDECKER, KRISTINA R 1704 TANNER BRIDGE RD JEFFERSON CITY, MO 65101 1704 TANNER BRIDGE RD MO 65101 SCHILPP & BURKETT PROPERTIES L L C 510 VICTORY DR NEW BLOOMFIELD, MO 65063 1716 FOUR SEASONS DR MO 65101 SCRUGGS-GUHLEMAN LUMBER CO PO BOX 104266 JEFFERSON CITY, MO 65110-4266 1707 CHRISTY DR MO 65101 THEISS PROPERTIES L L C 1757 COUNTY RD 382 HOLTS SUMMIT, MO 65043 301 FLORA DR MO 65101 BILL SUMMARY BILL NO: 2022-079 SPONSOR: Councilmember Schreiber SUBJECT: Amending the 2022-2023 Budget by Reclassifying an Administrative Technician Position within the Police Department to the Position of Police Information Clerk within the Police Department Staff Recommendation: Staff recommends a chan e from the current classification due to increase in Sunshine requests and requests for digital records. The reclassification will streamline resources within the Records Section of the Police Department. Origin of Request: Police Department Department Responsible: Police Department PERSON RESPONSIBLE: CHIEF ERIC WILDE Background Information: With an increase in requests for information there is more of a need for a Police Information Clerk to assist in the Records Section of the Police Department. The Administrative Technician , pay grade 10 ($34 ,533.63) and Police Information Clerk , pay grade 10 ($34,533 .63) are equal; however, job functions differ. Fiscal Information: There is no fiscal impact. BILL NO . 2022 -079 SPONSORED BY Councilmember Schreiber ORDINANCE NO. ________ _ AMMENDING THE 2022-2023 BUDGET BY RECLASSIFYING AN ADMINISTRATIVE TECHNICIAN POSITION WITHIN THE POLICE DEPARTMENT TO THE POSITION OF POLICE INFORMATION CLERK WITHIN THE POLICE DEPARTMENT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1. The 2022-2023 Budget of the City of Jefferson , Missouri is hereby amended by changing the personnel schedule to authorize an additional Police Information Clerk position and deleting an Administrative Technician position . Section _g . This Ord inance shall be in full force and effect from and after the date of its passag e and approval. Passed : ----------- Presiding Officer ATTEST: City Clerk Approved: _______ _ Mayor Carrie Tergin APPROVED AS TO FORM : City Att0fney L 11/1/22, 11:02 AM City of Jefferson - Class Specification Bulletin https://agency.governmentjobs.com/jeffersoncitymo/default.cfm?action=specbulletin&ClassSpecID=986077&headerfooter=0 1/2 Police Information Clerk Bargaining Unit: Police employees Class Code: 3101 CITY OF JEFFERSON Established Date: Feb 27, 2014 Revision Date: Apr 9, 2017 SALARY RANGE $16.60 - $24.90 Hourly $2,877.80 - $4,316.70 Monthly $34,533.63 - $51,800.43 Annually POSITION OVERVIEW: Processes reports and lawfully disseminates to various law enforcement agencies, state and federal agencies, other City departments, and the public. Provides data and information support (documents and records) for the Police Department to ensure the department has adequate and accurate information. JOB FUNCTIONS: Enters data of all arrests, offenses, reports, vehicle tows and uniform traffic tickets; types fingerprint cards with charge codes and distributes copies to FBI, Missouri State Highway Patrol, and courts; organizes departmental documents, distributes reports to various agencies including Department of Revenue, Michael W. Prenger Family Center, Prosecuting Attorney's Office, Missouri State Highway Patrol, and tow companies; enters Municipal Court dispositions for each arrest case ensuring proper documentation; enters and checks monthly ticket validations; and tracks reports within the department. Obtains reports for use by citizens, police personnel and the court staff respecting confidentiality and within the boundaries of the Missouri Sunshine Law; responds to citizens' request for police reports and fingerprints, collects fees for these requests and keeps records of all the transactions; directs inquiries to appropriate divisions in a timely manner; distributes mail to City Hall. Directs calls to appropriate personnel to ensure all calls are resolved quickly and effectively; maintains hard copy log of all CAD radio calls; creates a monthly report of all money transactions and reports released; prepares monthly billing to agencies with charge accounts; prepares and submits a monthly Uniform Crime Report to the Missouri State Highway Patrol. ABILITIES: 11/1/22, 11:02 AM City of Jefferson - Class Specification Bulletin https://agency.governmentjobs.com/jeffersoncitymo/default.cfm?action=specbulletin&ClassSpecID=986077&headerfooter=0 2/2 Physical: Ability to sit up to eight hours a day at a computer; lift 20 pounds; and operate various office equipment. Mental: Ability to concentrate at a computer the entire day; establish and maintain effective working relationships; prioritize and organize work; work with public in a calm and effective manner; and manage multiple tasks. EDUCATION/EXPERIENCE QUALIFICATIONS: Requires a high school diploma or equivalent. An Associate's degree or one to two years related experience and/or training; or equivalent combination of education and experience preferred. REQUIREMENTS: Must be able to type a minimum of 45 net words per minute. Records retention and open record guidelines knowledge preferred. OTHER: This job description is not intended to be all-inclusive. Employees may be expected to perform other duties as necessary for the effective operation of the department and the City. In addition, employees may be required to work additional or varying hours and typical or non-typical duties during emergency situations. 11/1/22, 11:03 AM City of Jefferson - Class Specification Bulletin https://agency.governmentjobs.com/jeffersoncitymo/default.cfm?action=specbulletin&ClassSpecID=985701&headerfooter=0 1/2 Administrative Technician Bargaining Unit: General employees Class Code: 26 CITY OF JEFFERSON Established Date: Feb 25, 2014 Revision Date: Jun 14, 2017 SALARY RANGE $16.60 - $24.90 Hourly $2,877.80 - $4,316.70 Monthly $34,533.63 - $51,800.43 Annually POSITION OVERVIEW: Provides clerical support; types correspondence, reports, manuals, and other materials; composes and types letters, notices, and other material; receives and refers callers, answers various inquiries, and provides information on departmental services and functions; maintains appointment schedules; assists with report preparation; compiles data for administration and policy reports; provides extensive customer service for city services and backs-up other administrative offices; makes travel arrangements; and relieves administrative staff of routine duties in order to ensure efficient department operations. JOB FUNCTIONS: Receives and refers callers, answers various inquiries personally, and provides information on departmental services and functions; maintains appointment schedules in order to provide efficient customer relations. Assists with department business; maintains computer records, prepares reports, dockets, agendas, ordinances, resolutions; maintains and updates files, compiles data for reports; issues permits, warrants and summonses; tracks correspondence in order to ensure efficient department operations. Posts notices, attends meetings and takes minutes. Types correspondence, reports, manuals, and other materials; composes and types letters, notices, and other material in order to provide error free documents. Tracks department expenses and revenue, handles billing and issues invoices in order to ensure efficient department operation; collects fines. Mails, faxes, photocopies, keeps records, makes meeting and travel arrangements, orders supplies, proofreads, and performs other miscellaneous office tasks in order to provide efficient office support. 11/1/22, 11:03 AM City of Jefferson - Class Specification Bulletin https://agency.governmentjobs.com/jeffersoncitymo/default.cfm?action=specbulletin&ClassSpecID=985701&headerfooter=0 2/2 ABILITIES: Physical: Ability to type for two to three hours without interruption, lift up to 25 pounds, sit or stand for extended periods; type at fifty-five words per minute with accuracy. Ability to read documents and computer screens for extended periods. Mental: Ability to concentrate on detailed work and maintain accuracy with constant interruptions; to multitask and transition from one job duty to another with ease. Ability to handle simple mathematical computations. Ability to handle citizen and stressful situations in a calm manner; to handle confidential and sensitive information; communicate effectively orally and in writing; establish and maintain effective working relationships with coworkers, other governmental employees and the general public. EDUCATION/EXPERIENCE QUALIFICATIONS: Requires a high school diploma or equivalent. Knowledge and experience of office procedures and equipment including Word and Excel software. REQUIREMENTS: Knowledge of clerical practices and procedures; business English, spelling, grammar, and arithmetic and use of office equipment. Ability to make moderately complex decisions in accordance with established policies and procedures; maintain office records; prepare accurate reports; perform office management details without referral to a supervisor; and knowledge of Microsoft office. OTHER: This job description is not intended to be all-inclusive. Employees may be expected to perform other duties as necessary for the effective operation of the department and the City. In addition, employees may be required to work additional or varying hours and typical or non-typical duties during emergency situations. BILL SUMMARY BILL NO: 2022-080 SPONSOR: Councilmember Wiseman SUBJECT: Amending Section 15-8 .. Education Plan . of the Personnel Policy Manual DATE INTRODUCED: November 21. 2022 DEPARTMENT Dl RECTOR(S) : __ C-==-Co--=---.:::.;...Q__,__......:::==::.-...;C)'""'--~-=-A\}_,__1'0---'c-(;-_9_:===--- CITY ADMINISTRA TOR:---..,,,)6'u,e::.../-=t::::::::=;::---,.=--~--l-,~...,.___._~~~.:::.....-=:;-:f-~~:P,.o;..;: ~----- Staff Recommendation: Approve . Origin of Request: Steve Crowell Summary: The addition of this wording would allow the City to reimburse employees or student loan providers directly . Department Responsible: Administrat ion/Human Resources PERSON RESPONSIBLE: STEVE CROWELL I GAIL STROPE Background Information: Before the passage of this ordinance the City would reimburse th e employee and then the employee would pay off their student loan. By adding thi s wording , the City would be allowed to pay the student loan provide r dire ctly. Fiscal Information : There would be no fi scal impact to the City . Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-080 SPONSORED BY Councilmember Wiseman ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI AMENDING SECTION 15-8, EDUCATION PLAN, OF THE PERSONNEL POLICY MANUAL. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Amend Section 15-8, Education Plan of the Personnel Policy Manual as follows: A. Eligibility. Prior to receiving any benefit, the following criteria must be met: (1) Employees requesting financial aid under the tuition reimbursement program must have passed the introductory period prior to requesting, and complete a request form and have it approved prior to attending the class. Failure to obtain prior approval will prevent any reimbursement from occurring. (2) Coursework must be through an “accredited” college or university. (3) Courses must be taken on the employees own initiative outside of working hours. (4) Prior to reimbursement being paid, the employee shall provide a verified official transcript indicating that a grade of B or better was obtained for all courses. (5) Prior to reimbursement being paid, the employee shall provide proof of cost and payment for the course within two months of the end of the course. B. Program Limitations. (1) Only tuition may be reimbursed. Employees shall be responsible for all books and additional items required for the class. (2) No City funding will be provided for tuition costs covered by federal, state or other financial sources. (3) Any employee receiving financial assistance through this program who fails to work for The City for at least two years following completion of any course shall reimburse the City for the full amount of assistance received during the twenty-four months prior to termination of the employee. (4) Reimbursements are made directly to the employee, or for those utilizing federal or private student loans, reimbursements will be made directly to the student loan provider, or to the employee, if the employee has paid the stude nt loan provide•-. The re imbursement rat es for unde rg ra duate le ve l co urs e s and g raduate level courses , purs ua nt to this program, s hall b e up to th e a m o unt c harged pe r c re dit ho ur for s uch courses at L inco ln Uni vers ity . The fun d in g fo r thi s pl a n is s ubj ect t o th e annua l a ppro pri a ti o n process a nd to approval of the ex p e nditure in ad v ance by the depa rtment director a nd the C ity Adminis tra to r. 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 Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk Ci~ Editor's note: Deleted language shown tffils. Added language shown thus . BILL SUMMARY BILL NO: 2022-081 SPONSOR: Councilmember Wiseman SUBJECT: Amending the 2022-2023 Budget by Reclassifying the Golf Course Superintendent Position to a Parks Resource Supervisor and a Mechanic Position to a Construction Inspector Position with the Department of Parks and Recreation DATE INTRODUCED: November 21, 2022 DEPARTMENT DIRECTOR(S): CITY ADMINISTRATOR: Staff Recommendation: Approve. Summary: Change the personnel schedule to authorize one additional Parks Resource Supervisor (Range 17) position and a Construction Inspector (Range 16) and deleting the Golf Course Superintendent (Range 16) and the Mechanic (Range 16) positions . Origin of Request: Parks and Recreation Department Responsible: Parks and Recreation, Human Resources PERSON RESPONSIBLE: TODD SPALDING / Gail Strope Background Information: The reclassifications will allow the promotion/hiring of a couple of positions in greater areas of need within the Maintenance side of the department. FISCAL INFORMATION: The estimated financial impact (salary and benefits) on the Department will be approximately $2,700. BILL NO . 2022-081 SPONSORED BY Councilmember Wiseman ORDINANCE NO. _______ _ AMENDING THE 2022-2023 BUDGET BY RECLASSIFYING THE GOLF COURSE SUPERINTENDENT POSITION TO A PARKS RESOURCES SUPERVISOR, AND A MECHANIC POSITION TO A CONSTRUCTION INSPECTOR POSITION, WITHIN THE DEPARTMENT OF PARKS AND RECREATION. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. The 2022-2023 Budget of the City of Jeffe rson , Missouri is hereby amended by changing the personnel schedule to authorize one additional Parks Resource Supervisor (Range 17) position and a Construction Inspector (Range 16 ) and deleting the Golf Course Superintendent (Range 16) and the Mechanic (Range 16 ). Section .f.. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ---------------------Approved : __________________ _ Presiding Officer Mayor Carrie Tergin ATTEST : APPROVED AS TO FORM : City Clerk City f;t2rney BILL SUMMARY BILL NO: 2020-072 SPONSOR: Councilmember Wiseman SUBJECT: Establishing Election Dates and Candidate Fil ing Period for 2023 Municipal Elections DATE INTRODUCED: Staff Recommendation: Approve. Summary: Coordinates the dates for the filing period and elections for the April 2023, Municipal Election; designates the officials up for election and the terms for which they shall be elected ; and complies with Sec . 12-22 of the City Code which requires passage of ordinance each year for the General Municipal Election . Origin Of Request: City Clerk Department Responsible: City Attorney I City Clerk PERSON RESPONSIBLE: RYAN MOEHLMAN I Emily Donaldson Background Information: Pursuant to Sec . 12-22 of the City Code , the City passes an ordinance each year establishing the date for Municipal Elections and designating the filing period for the April General Municipal Election . In the election year 2023, the following offices will be up for election to the terms specified : Ward One 1 Counci lme mber 2-year term Ward Two 1 Counci lmember 2-year term Ward Three 1 Councilmember 2-year term Ward Four 1 Counci lm ember 2-year term Ward Five 1 Counci lmember 2-year term Citywide Municipal Judge 2-year term Citywide City Prosecutor 2-year term Citywide Mayor 4-year term The election will be held Apri l4, 2023; the filing period will be 8 :00a.m. on Tuesday, December 6, 2022, through 5 :00p.m. on Tuesday , December 27, 2022. Cand idates may file on all days that City Hall is open for regular business throughout the established filing period. Fiscal Information: Costs of elections vary depending upon other governmenta l entities sharing the ba ll ot and voter turnout. Costs of e lections can average from $7,000 to $30,000 depending on the size of the ballot and voter turnout, with citywide elections generally at the high end of that average . BILL NO. 2021-072 SPONSORED BY Councilmember Wiseman ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ESTABLISHING ELECTION DATES IN THE CITY OF JEFFERSON, MISSOURI, FOR THE 2023 GENERAL MUNICIPAL ELECTION. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Pursuant to Chapter 115 RSMo., 2017, and Sec. 12-22 of the Code of the City of Jefferson, Missouri, Municipal Elections are hereby established for the City of Jefferson, Missouri, as follow: (a) A General Municipal Election shall be held Tuesday, April 4, 2023. (b) The City Clerk shall notify the County Election Authorities of the candidates for office and election dates. (c) The following officials shall be elected in accordance with the Charter and Code of the City of Jefferson, Missouri: WARD OR AREA OFFICE TERM Ward One 1 Councilmember 2-year term Ward Two 1 Councilmember 2-year term Ward Three 1 Councilmember 2-year term Ward Four 1 Councilmember 2-year term Ward Five 1 Councilmember 2-year term Citywide Municipal Judge 2-year term Citywide City Prosecutor 2-year term Citywide Mayor 4-year term Section 2. Declarations of Candidacy and Candidate Endorsement Forms must be filed with the City Clerk between 8:00 a.m. on Tuesday, December 6, 2022, and 5:00 p.m. on Tuesday, December 27, 2022, excluding weekends and holidays. Section~-This ordinance shall be in full force and effect from and after its passage and approval. Passed: ___________ _ Approved: _______ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk Cit ~ BILL SUMMARY BILL NO: 2022-073 SPONSOR: Councilmember Fitzwater SUBJECT: Missouri Highways and Transportation Commission Municipal Agreement DATE INTRODUCED: November 7 , DEPARTMENT DIRECTOR(S):,.-----_ __,~.~~~--=-=h-1------.:.:------ CITY ADMINISTRATOR:___,...~::::::_....:==--..,L,J.~~~~.___ _______ _ Staff Recommendation: Approve . Summary: Authorizes a municipal agreement with the Missouri Highway and Transportation Commission for a temporary construction easement which will allow for MoDOT and their contractor to use portions of the Heisinger Road right-of-way during the reconstruction of the street approach needed to create an ADA compliant crosswalk. Origin of Request: City Staff Department Responsible: Public Works PERSON RESPONSIBLE: MATT MORASCH P.E./David Bange P.E. Background Information: MoDOT has a project in the May 2023 letting to do some ADA improvements on various routes in 12 cities in the Central District. In Jefferson City , MoDOT is proposing several improvements . The first location is to improve the curb ramps and paved approach at the intersection of Business 50 (Missouri Boulevard) and Heisinger Road . The second and third locations are to install APS push buttons at the intersections of Business 50 and Kansas Street and Delaware Street. While the push button projects do not have any impact on City right-of-way, the work on Heisinger Road will go right up to the northerly right-of-way lin e of Missouri Boulevard and the limit of MoDOT control. In order to complete the work , it will be necessary for the contractor to have access from the City right-of-way of Heisinger Road. Fiscal Information: There is no fiscal impact. BILL NO . 2022-07 3 SPONSORED BY Councilme mber Fitzwater ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A MUNICIPAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Se ction 1. The Mayor and City Clerk are hereby authorized to e xecute a Municipal Agreement with the Missouri Highways and Transportation Commission. Section ~· The ag re ement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. S ect i on~. This Ord i nance shall be in full force and effect from and after the date of its passage and approval. Passed : __________ _ Approved : _______ _ Pre siding Office r Mayor Carri e T e rgin A TTEST: APPROVED AS TO FORM : City Cl erk C i~ CCO Form: DE11 Municipal Agreement Approved: 04/93 (CEH) Route: BUSINESS 50 Revised: 12/21 (BDG) County: COLE Modified: Job No.: J5P3490 MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION MUNICIPAL AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and the City of Jefferson, Missouri, a municipal corporation (hereinafter, "City"). WITNESSETH: NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein, the parties agree as follows: (1) IMPROVEMENT DESIGNATION: The public improvement designated as Route BUS 50, Cole County, Job No. J5P3490 shall consist of ADA Improvements. (2) IMPROVEMENT WITHIN CITY: The improvement within the City is located as follows: Beginning at Station 6015+00, a point 1944.4’, N 34 degrees 25 minutes 40 seconds E of SE Corner of Section 3, Township 44 North, Range 12 West, run in a generally easterly direction along existing Business 50. Length of ADA improvements at various locations within city is 2.57 miles. ADA improvements to occur on City street right of way at Heisinger Street, Kansas Street and Delaware Street. (3) EXTENT OF AGREEMENT: This Agreement shall apply only to the portion of the improvement lying within the city limits as they exist on the date this Agreement is executed by the City. (4) LOCATION: The general location of the public improvement is shown on an attached sketch marked "Exhibit A" and made a part of this Agreement. The detailed location of the improvement is shown on the plans prepared by the Commission for the above-designated route and project. (5) PURPOSE: It is the intent of this Agreement to outline the parties’ responsibilities with respect to the construction and maintenance of those improvements to the State Highway System located within the City limits described in paragraphs (1) and (2) above and designated as Commission Job No.J5P3490. (6) RIGHT-OF-WAY USE: The City grants the right to use the right-of-way of public roads, streets, alleys and any other property owned by the City as necessar y for 2 construction and maintenance of said public improvement. (7) CLOSE AND VACATE: The City shall temporarily close and vacate all streets or roads, or parts thereof, which may be necessary to permit the construction of the project in accordance with the detailed plans. (8) RIGHT-OF-WAY ACQUISITION: (A) Upon approval of all agreements, plans and specifications by the Commission and the Federal Highway Administration (FHWA), the Commission will file copies of the plans with the city clerk of the City and the county clerk of the county and proceed to acquire at its expense, at no cost or expense to the City, any necessary right- of-way required for the construction of the improvement. (B) The portion of state highway covered by this Agreement shall be normal access highway and rights of access between the highway and abutting property shall be procured and the cost classified as right-of-way cost and paid for by the Commission in the same manner as other right-of-way costs. Only such rights of ingress and egress shall be allowed as indicated on the plans approved by the Commission and FHWA. (9) UTILITY RELOCATION: (A) The Commission and the City shall cooperate to secure the temporary or permanent removal, relocation, or adjustment of public utilities or private lines, poles, wires, conduits, and pipes located on the right -of-way of existing public ways as necessary for construction of the improvement and the cost shall be borne by such public utilities or the owners of the facilities except where the City is by existing franchise or agreement obligated to pay all or a portion of such cost, in which case the City will pay its obligated portion of the cost. (B) The Commission shall secure the removal, relocation, or adjustment of any public or private utilities located upon private easements and shall pay any costs incurred therein. (C) It is understood and agreed by the parties to this Agreement that no city-owned utility facilities will require relocation or adjustment in connection with this improvement, but that should utility facilities be discovered at any time during development or construction of this improvement, relocation or adjustment of the same will be done and performed under a supplemental agreement covering the subject, and in accordance with Commission policy then in effect on division of costs for adjustment of utility facilities. (D) In cases of public utilities owned by the City which must be moved, adjusted, or altered to accommodate construction of this improve ment, and such city- owned utilities, poles, wires, conduits, and pipes are located within the present city limits 3 and located on an existing city street, not state highway right-of-way, but being taken over by the Commission as a part of its highway right -of-way, the City will perform the necessary removal, adjustment, alterations and relocation, and the Commission will reimburse the City except as otherwise provided. The City shall perform the removal, adjustment, alterations and relocation in accordance with the detail plans, estimates of costs and bills of materials prepared by the City in accordance with Federal Aid Policy Guide, Title 23 CFR Subchapter G, Part 645, Subpart A (FAPG 23 CFR 645A), dated December 9, 1991 and any revision of it, and approved by the Commission's District Engineer, and shall perform all work and keep the records of the costs in accordance with FAPG 23 CFR 645A and its revisions. Upon the completion of any such work and on receipt by the Commission of the original and four cop ies of a bill for the actual costs incurred by the City in making any such removal, adjustment, alteration and relocation, the Commission shall reimburse the City for the actual cost necessitated by construction of this public improvement. The Commission's obligation toward the cost of any such removal, adjustment, alteration and relocation shall extend only to those costs incurred in accordance with FAPG 23 CFR 645A and its revisions. (E) Should it be necessary to alter, relocate or adjust any city-owned utility facilities outside the present city limits on public right -of-way or on state highway right-of-way within or outside the city limits or within the right-of-way of a public way other than a city street or alley, the alteration, relocation, or a djustment shall be made by the City at its cost. (F) The City agrees that any installation, removal, relocation, maintenance, or repair of public or private utilities involving work within highway right -of- way included in this project shall be done only in accordance with the general rules and regulations of the Commission and after a permit for the particular work has been obtained from the Commission's District Engineer or his authorized representative. Similarly, the City will allow no work on the highway right-of-way involving excavation or alteration in any manner of the highway as constructed, including but not limited to driveway connections, except in accordance with the rules and regulations of the Commission and only after a permit for the specific work has been obtained from the Commission's District Engineer or his authorized representative. The City shall take whatever actions that are necessary to assure compliance with this Subsection. (10) LIGHTING: The installation, operation, and maintenance by the Commission of any lighting system on the public improvement covered by this Agreement shall be only in accordance with the Commission's policy on highway lighting in effect at the time of any such installation and only to the extent the Commission then deems warranted. No street lighting system shall be installed or maintained by or for the City on the improvement without approval of the Commission. (11) TRAFFIC CONTROL DEVICES: The installation, operation and maintenance of all traffic signals, pavement markings, signs, and devices on the improvement, including those between the highway and intersecting streets shall be under the exclusive jurisdiction and at the cost of the Commission. The City shall not 4 install, operate, or maintain any traffic signals, signs or other traffic control devices on the highway or on streets and highways at any point where they intersect this highway without approval of the Commission. (12) DRAINAGE: The Commission will construct drainage facilities along the improvement and may use any existing storm and surface water drainage facilities now in existence in the area. The City shall be responsible for receiving and disposing of storm and surface water discharged from those drainage facilities which the Commission constructs within the limits of highway right-of-way to the extent of the City's authority and control of the storm sewer facilities or natural drainage involved. (13) PERMITS: The Commission shall secure any necessary approvals or permits from the Surface Transportation Board, the Public Se rvice Commission of Missouri, or any other state or federal regulating authority required to permit the construction and maintenance of the highway. (14) COMMENCEMENT OF WORK: After acquisition of the necessary right-of- way, the Commission shall construct the highway in accordance with final detailed plans approved by the Federal Highway Administration (or as they may be changed from time to time by the Commission with the approval of the FHWA) at such time as federal and state funds are allocated to the public improvement in an amount sufficient to pay for the federal and state government's proportionate share of construction and right-of-way costs. The obligation of the Commission toward the actual construction of the public improvement shall be dependent upon the completion of plans in time to obligate federal funds for such construction, upon approval of the plans by the FHWA, upon the award by the Commission of the contract for the construction, and upon the approval of the award by the FHWA. (15) MAINTENANCE: (A) Except as provided in this Agreement, upon completion of the public improvement, the Commission will maintain all portions of the improvement within the Commission owned right-of-way. Maintenance by the Commission shall not in any case include maintenance or repair of sidewalks whether new or used in place, water supply lines, sanitary or storm sewers (except those storm sewers constructed by the Commission to drain the highway), city-owned utilities within the right-of-way or the removal of snow other than the machine or chemical removal from the traveled portion of the highway. (B) When it is necessary to revise or adjust city streets, the right-of-way acquired for these adjustments and connections will be deeded to the City. (C) The City shall inspect and maintain the sidewalks on City right of way constructed by this project in a condition reasonably safe to the public and, to the extent allowed by law, shall indemnify and hold the Commission harmless from any claims arising from the construction and maintenance of said sidewalks. 5 (16) ACCEPTED WITHIN HIGHWAY SYSTEM: Effective upon execution of this Agreement, the Commission temporarily accepts the portion of the City street system described in this Agreement as part of the State Highway System for the purposes of this project. However, during the construction period contemplated in this Agreement: (A) The Commission will assume no police or traffic control functions not obligatory upon Commission immediately prior to the execution of this Agreement, and (B) The City shall perform or cause to be performed normal maintenance on the project site. (17) CITY TO MAINTAIN: Upon completion of construction of this improvement, the City shall accept control and maintenance of the improved City street that was temporarily accepted as part of the State Highway System for the purposes of this project pursuant to paragraph (16) above and shall thereafter keep, control, and maintain the same as, and for all purposes, a part of the City street system at its own cost and expense and at no cost and expense whatsoever to the Commission. All obligations of the Commission with respect to the City street system under this Agreement shall cease upon completion of the improvement. (18) POLICE POWERS: It is the intent of the parties to this Agreement that the City shall retain its police powers with respect to the regulation of traffic upon the improvement contemplated. However, the City will enact, keep in force, and enforce only such ordinances relating to traffic movement and parking restrictions as may be approved by the Commission and as are not in conflict with any regulations for federal aid. The Commission shall not arbitrarily withhold approval of reasonable traffic regulations, signs, and markings which will permit the movement of traffic in accordance with accepted traffic regulation practices. (19) RESTRICTION OF PARKING: Since the improvement is being designed and constructed to accommodate a maximum amount of traffic with a minimum amount of right-of-way, the City shall take whatever actions that are necessary to prevent parking upon the highway or any part of the area of the highway right -of-way within the limits of the improvement. (20) OUTDOOR ADVERTISING: No billboards or other advertising signs or devices or vending or sale of merchandise will be permitted within the right -of-way limits of the project and the City shall take whatever actions that are necessary to enforce this Section. (21) WITHHOLDING OF FUNDS: In the event that the City fails, neglects, or refuses to enact, keep in force or enforce ordinances specified or enacts ordinances contrary to the provisions in this Agreement, or in any other manner fails, neglects or refuses to perform any of the obligations assumed by it under this Agreement, the Commission may, after serving written request upon the City for compliance and the City's 6 failure to comply, withhold the expenditure of further funds for maintenance, improvement, construction, or reconstruction of the state highway system in the City. (22) FEDERAL HIGHWAY ADMINISTRATION: This Agreement is entered into subject to approval by the Federal Highway Administration and is further subject to the availability of federal and state funds for this construction. (23) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the City shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the City's wrongful or negligent performance of its obligations under this Agreement. (B) The City will require any contractor procured by the City to work under this Agreement: (1) To obtain a no cost permit from the Commission’s District Engineer prior to working on the Commission’s right-of-way, which shall be signed by an authorized contractor representative (a permit from the Commission’s District Engineer will not be required for work outside of the Commission’s right-of-way); and (2) To carry commercial general liability insurance and commercial automobile liability insurance from a company authorized to issue insurance in Missouri, and to name the Commission, and the Missouri Department of Transportation and its employees, as additional named insureds in amounts sufficient to cover the sovereign immunity limits for Missouri public entities ($500,000 per claimant and $3,500,000 per occurrence) as calculated by the Missouri Department of Insurance, Financial Institutions and Professional Registration, and published annually in the Missouri Register pursuant to Section 537.610, RSMo. (C) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party’s rights or defenses with regard to each party’s applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (24) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment approved and signed by representatives of the City and Commission, respectively, each of whom being duly authorized to execute the contract amendment on behalf of the City and Commission, respectively. (25) COMMISSION REPRESENTATIVE: The Commission's Central District Engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may 7 designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (26) CITY REPRESENTATIVE: The City's Mayor is designated as the City's representative for the purpose of administering the provisions of this Agreement. The City's representative may designate by written notice other persons having the authority to act on behalf of the City in furtherance of the performance of this Agreement. (27) NOTICES: Any notice or other communication required or permitted to be given hereunder shall be in writing and shall be deemed given three (3) days after delivery by United States mail, regular mail postage prepaid, or upon receipt by personal or facsimile delivery, addressed as follows: (A) To the City: City of Jefferson Attn: Carrie Tergin, Mayor 320 E. McCarty Street Jefferson City, MO 65101 Phone: (573) 634-6303 (B) To the Commission: MoDOT Central District Attn: Machelle Watkins, District Engineer 1511 Missouri Bovd. P.O. Box 718 Jefferson City, MO 65102 Facsimile No: (573) 751-8267 or to such other place as the parties may designate in accordance with this Agreement. To be valid, facsimile delivery shall be followed by delivery of the original document, or a clear and legible copy thereof, within three (3) business days of the date of facsimile transmission of that document. (28) ASSIGNMENT: The City shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (29) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The City shall comply with all local, state and federal laws and regulations relating to the performance of the contract. (30) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (31) SOLE BENEFICIARY: This Agreement is made for the sole benefit of the parties hereto and nothing in this Agreement shall be construed to give any rights or 8 benefits to anyone other than the Commission and the City. (32) AUTHORITY TO EXECUTE: The signers of this Agreement warrant that they are acting officially and properly on behalf of their respective institutions and h ave been duly authorized, directed and empowered to execute this Agreement. (33) SECTION HEADINGS: All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. [remainder of page intentionally left blank] IN WITNESS WHEREOF, the parties have entered into this Agreement on the date last written below . Execu ted by the City on _______________ (Date). Execu ted by the Commission on ______________ (Date). MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION By : ___________ _ Title: Central District Engineer ATTEST: Secretary to the Commission APPROVED AS TO FORM : Commission Counsel 9 CITY OF JEFFERSON By : __________ ___ Title : Mayor Carrie Tergin ATTEST: By : ------------ Title : City Clerk Emily Donaldson APPROVED AS TO FORM : By ~ Title: City Attorney Ryan Moehlman Ordinance Number ------- !"-- • 0 0 + L(") lO 0 lO • <t I- V) w z _j :r: u 1--- <t L I I CURB RAMP • I - I"<,":,"J SIDEWALK TRUNCATED DOMES • - ' ~SIDEWALK SECTION ®RAMP CD TRANSITION CD LANDING • 4382.30' ·84"51'06"E IDNOI swt NEt 511 T44N R12W SAW CU T I I I • • 4382.30' S84"5 06"'E I I I l I I I A I • • 0 :<: u <N oo-o::· Q.N z a."'+ w< '"' ., :JOo.D owe >"' >-< 20 ~-ffikfi > ----------1::=:1 I I I I SCALE 0 0 + 0 r- 0 lO • 40 60 .CO S TRUCT I ON l!l BUS. 50/MISSOURI BLVD. <t I- V) SEt NEt 511 T44N R12W • .. w z _j :r: u 1--- <t L RIGHT OF WAY SHEET JEFFERSON CITY SHEET 12 OF 29 "THIS MEDIA SHOULD NOT BE CONSIDERED A CERTIFIED DOCUMENT." 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R/W " ST. SE ~ NE ~ 512 T44N R12W --------------------• Cl BUS. 50/MI SEt NEt 512 T44N R12W "" • ---- / / 'C I I I I I I I I -I I I I I I I I (QNDl • \ \ \ \ • i • , .. C....[Tl fTlX ,., -,VI fT1 ::0 I I I I I I r<l ":I ..,...,., I{'J'f "'"' ::J"' _.., D.. <DO ::::1! -< .. lr• <· <DI-N "'"'"' 0 20 (DNDl SCALE 0 0 + L() I") 40 60 ~~'m:-'l.Ar111E EX I ST. PUSH BUTTONS • LL APS PUSH BUTTONS •' J <t I- V) w z _j :r: u 1-- <t L RIGHT OF WAY SHEET JEFFERSON CITY SHEET 22 OF 29 "THIS MEDIA SHOULD NOT BE CONSIDERED A CERTIFIED DOCUMENT." DATE PREPARED 9/15/2022 ROUTE STATE ARIOUS M0 z 0 1- 0.. a: u VI w 0 w 1- DISTRICT SHEET NO. C-D 3·7 COUNTY VARIOUS JOB NO. J5P3490 CONTRACT !D. PROJECT NO . BRIDGE NO. <[ • • • • • • • 0 z ...JN- 0 OOU> ...__.., I- _..,.., ... ..,.., < • I I-uo.n a: ,. ... 0 1-N "' • I 0.. ,.,,...., "' ..... .., z _.., < .nul 0 -a: -z-1-Z 0 0 ., .... o-a:o we Zlll ... o <Ill ... ,. -JUI Ill ::::I! ..,.., >-::I! "' • <O I ;o:u "' :I: "' "' l:) I -:I: -a: ::J 0 "' "' -::I! . > w ~--------------------------------------------------------------------------------------------------------------------------~~~~~~~~~~~~~~~~~~~~~~~~~~~~--,~~~~~~~~~~~~~~~~--~~~~~~~~~~~ P:\ Tronsportotion\4972-J5P3490 Various Various Ped lmprovements\CADD\Sheets\ROW SHEETS\RW_06-22_J5P3490_120.dgn 2:29:53 PM 9/15/2022 BILL SUMMARY BILL NO: 2022-075 SPONSOR: Councilmember Hensley SUBJECT: Supplemental Appropriation within the General Fund DATE INTRODUCED: November 7, 2022 Summary: If approved , this bill would supple ntally appropriate additional funds within the General Fund. Origin of Request: Steve Crowell, City Administrator PERSON RESPONSIBLE: Shiela Pearre , Director of Finance and ITS Background information: This bill would supplementally appropriate $482 ,888 in additional funds within the General Fund for Special Litigation expenses ; LCRA Reimbursement expenses; Vehicle & Equipment Parts expenses; Gas for Public Works; and a Transit subsidy for Gas and Parts . Fiscal Information: This bill would supplementally appropriate $482,888 in additional funds within the General Fund . St ev enS. Crowell , Jr. City Adm ini strato r DATE:Octobe r 17,2022 TO: Finance Comm ittee 320 E. McCarty Street Jefferson City, MO 6 51 0 1 P ho ne Number: (573) 6 34-6306 Email : SC rowell @j effci tymo .o rg FROM: StevenS. Crowell Jr., City Administra~~L/.1"' 4 SUBJECT: General Fund Supplemental Appropriations Recommendat i o / ( ..,- Staff is recommending supplemental appropriations from the General Fund fund reser ve for the following items : 1. Self-Funded Health Insurance: $948,328 *. Thi s is to cover the deficit in the Self-Funded Health Insurance fund due mostly to a few large claims . General Fund Parks Fund Airport Fund Parking Fund Transit Fund Wastewater Fund Total $860,790* $138,602 $7,295* $18,237 $80,243* $94,833 $1,200,000 2. Workers Compensation Fund : $250,004.87 *. This is claims related . We do have a pending cla i m w hich ma y prov ide some reimbursement for these funds. General Fund $231 ,175 .93* Parks Fund $29,813.82 Airport Fund $3,455 .02* Parking Fund $2,396.44 Trans it Fund $15,373 .92 * Wastewater Fund $17,784.87 Total $300,000 3 . Gasoline and parts : $255,000. To partially address inflationary related co st s. Tran sit: fuel, $80,000 and parts: $50,000 . Public Works (General Fund): fuel , $25,000 and pa rts $100,000. Estimates are through the end of the year . We w i ll try to co v er r ema i n i ng fu e l and parts costs of other departments through current year un spent funds . 4. Cell Phone litigation: $115,000. I presume there may be a reimbursement to the General Fund fund balance when (if) a settlement occurs . 5 . LCRA Reimbursement: $112,888. This relates to the payment made to Housing Authority for 101 Jack son and 504 E. State Street-all previously allocated funds have already been expended. The total of the above recommendations equals $1 ,681,220.87 allocated to the General Fund and $301,667.13 allocated to enterprise and special revenue funds. This would leave the General Fund fund balance at an ESTIMATED $4,496,832, or approximately 13 .08 %. The fund balance projection is based on the allocation for the Self-Funded Health Insurance on the percentage of employee participation in group health insurance, not based on any ac tual claims u sa ge by fund. BILL NO . 2022-075 SPONSORED BY Councilmember Hensley ORDINANCE NO .-------- AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING THE 2021- 2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY SUPPLEMENT ALLY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. There is hereby supplementally appropriated within the General Fund a total of $482 ,888 , as indicated on Exhibit A , attached hereto . Section~· This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : --------------------Approved: ____________________ _ Presiding Officer Mayor Carrie T erg in ATTEST: APPROVED AS TO FORM: City Clerk City~ CERTIF ICATION BY MAYOR Pursuant to Article VII , Section 7.1 (5.) Of the Charter of the City of Jefferson, Missouri , I hereby certify that the sums appropriated in the ordinance are available in the various funds to mee t the requirements of this bill. Mayor Carrie Tergin REVIEWED BY FINANCE ON 10/24/2022 Bill 2022-075 Exhibit A SUPPLEMENTAL APPROPRIATIONS FISCAL YEAR 2021-2022 BUDGET General Fund: Revenue 10-100-495995 Transfer From (to) Surplus $482,888 Expense 10-150-525031 Special Litigation Expenses $115,000 10-185-522023 LCRA Reimbursement $112,888 10-535-541010 Veh & Equip Parts $100,000 10-540-514010 Gas – Public Works $25,000 10-700-590054 Transfer to Transit – Gas & parts subsidy $130,000 BILL SUMMARY BILL NO: 2022-076 SPONSOR: Councilmember Hensley SUBJECT: Supplemental Appropriation within the General Fund, Parks Fund, Parking Fund, Wastewater Fund, and Self-Funded Health Insurance Fund DATE INTRODUCED: November 7, 2022 CITY ADMINISTRATOR: ...J¢-§ ~~ Summary: If approved, this bill would s~p:n:yappropriate additional funds within the General Fund, Parks Fund, Parking Fund, Wastewater Fund , and Self-Funded Health Insurance Fund . Origin of Request: Steve Crowell, City Administrator PERSON RESPONSIBLE: Shiela Pearre , Director of Finance and ITS Background information: This bill would supplementally appropriate $1,200,000 in additional funds within the General Fund, Parks Fund , Parking Fund, Wastewater Fund , and Self-Funded Health Insurance Fund. Fiscal Information: This bill would supplementally appropriate $1,200,000 in additional funds within the General Fund, Parks Fund , Parking Fund, Wastewater Fund , and Self- Funded Health Insurance Fund. St ev enS. Crowell , Jr. City Adm ini strato r DATE:Octobe r 17,2022 TO: Finance Comm ittee 320 E. McCarty Street Jefferson City, MO 6 51 0 1 P ho ne Number: (573) 6 34-6306 Email : SC rowell @j effci tymo .o rg FROM: StevenS. Crowell Jr., City Administra~~L/.1"' 4 SUBJECT: General Fund Supplemental Appropriations Recommendat i o / ( ..,- Staff is recommending supplemental appropriations from the General Fund fund reser ve for the following items : 1. Self-Funded Health Insurance: $948,328 *. Thi s is to cover the deficit in the Self-Funded Health Insurance fund due mostly to a few large claims . General Fund Parks Fund Airport Fund Parking Fund Transit Fund Wastewater Fund Total $860,790* $138,602 $7,295* $18,237 $80,243* $94,833 $1,200,000 2. Workers Compensation Fund : $250,004.87 *. This is claims related . We do have a pending cla i m w hich ma y prov ide some reimbursement for these funds. General Fund $231 ,175 .93* Parks Fund $29,813.82 Airport Fund $3,455 .02* Parking Fund $2,396.44 Trans it Fund $15,373 .92 * Wastewater Fund $17,784.87 Total $300,000 3 . Gasoline and parts : $255,000. To partially address inflationary related co st s. Tran sit: fuel, $80,000 and parts: $50,000 . Public Works (General Fund): fuel , $25,000 and pa rts $100,000. Estimates are through the end of the year . We w i ll try to co v er r ema i n i ng fu e l and parts costs of other departments through current year un spent funds . 4. Cell Phone litigation: $115,000. I presume there may be a reimbursement to the General Fund fund balance when (if) a settlement occurs . 5 . LCRA Reimbursement: $112,888. This relates to the payment made to Housing Authority for 101 Jack son and 504 E. State Street-all previously allocated funds have already been expended. The total of the above recommendations equals $1 ,681,220.87 allocated to the General Fund and $301,667.13 allocated to enterprise and special revenue funds. This would leave the General Fund fund balance at an ESTIMATED $4,496,832, or approximately 13 .08 %. The fund balance projection is based on the allocation for the Self-Funded Health Insurance on the percentage of employee participation in group health insurance, not based on any ac tual claims u sa ge by fund. BILL NO . 2022-076 SPONSORED BY Councilmember Hensley ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, AMENDING THE 2021- 2022 BUDGET OF THE CITY OF JEFFERSON , MISSOURI , BY SUPPLEMENT ALLY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND , PARKS FUND, PARKING FUND , WASTERWATER FUND, AND THE SELF-FUNDED HEALTH INSURANCE FUND. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. There is hereby supplementally appropriated within the General Fund , Parks Fund , Parking Fund , and Wastewater Fund a total of $1,200 ,000 , as indicat ed on Exhibit A , attached hereto . Section .f.. There is hereby supplementally appropriated with in the Self-Funded Health Insurance Fund a total of $1,200 ,000 , as indicated on Exhibit A , attached hereto . Section~: This Ordinance shall be in full force and effe ct from and after the date of its passage and approval. Passed : ---------------------Approved: ____________________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City;~ CERTIFICATION BY MAYOR Pursuant to Article VII , Section 7.1 (5 .) Of the Charter of the City of Jefferson , Missou ri, I hereby certify that the sums appropriated in the ordinance are avai lable in the va rious funds to meet the requirements of this bill. Mayor Carrie Tergin REVIEWED BY FINANCE ON 10/24/2022 Bill 2022-076 Exhibit A SUPPLEMENTAL APPROPRIATIONS FISCAL YEAR 2021-2022 BUDGET General Fund: Revenue 10-100-495995 Transfer From (to) Surplus $948,328* Parks Fund: Revenue 21-210-495995 Transfer From (to) Surplus $138,602 Parking Fund: Revenue 62-100-495995 Transfer From (to) Surplus $18,237 Wastewater Fund: Revenue 64-100-495995 Transfer From (to) Surplus $94,833 Total of All Funds Transferred to Worker’s Compensation Fund $1,200,000 *General Fund transfer is comprised of the following: General Fund $860,790 Airport Fund subsidy $7,295 Transit Fund subsidy $80,243 BILL SUMMARY BILL NO: 2022-077 SPONSOR: Councilmember Hensley SUBJECT: Supplemental Appropriation within the General Fund, Parks Fund, Parking Fund, Wastewater Fund. and Worker's Compensation Fund DATE INTRODUCED: November 7, 2022 Summary: If approved, this bill would suppleme lly appropriate additional funds within the General Fund, Parks Fund , Parking Fund, Wastewater Fund, and Worker's Compensation Fund. Origin of Request: Steve Crowell, City Administrator PERSON RESPONSIBLE: Shiela Pearre, Director of Finance and ITS Background information: This bill would supplementally appropriate $450,000 in additional funds within the General Fund , Parks Fund, Parking Fund , Wastewater Fund , and Worker's Compensation Fund. Fiscal Information: This bill would supplementally appropriate $450 ,000 in additional funds within the General Fund, Parks Fund , Parking Fund, Wastewater Fund, and Worker's Compensation Fund . St ev enS. Crowell , Jr. City Adm ini strato r DATE:Octobe r 17,2022 TO: Finance Comm ittee 320 E. McCarty Street Jefferson City, MO 6 51 0 1 P ho ne Number: (573) 6 34-6306 Email : SC rowell @j effci tymo .o rg FROM: StevenS. Crowell Jr., City Administra~~L/.1"' 4 SUBJECT: General Fund Supplemental Appropriations Recommendat i o / ( ..,- Staff is recommending supplemental appropriations from the General Fund fund reser ve for the following items : 1. Self-Funded Health Insurance: $948,328 *. Thi s is to cover the deficit in the Self-Funded Health Insurance fund due mostly to a few large claims . General Fund Parks Fund Airport Fund Parking Fund Transit Fund Wastewater Fund Total $860,790* $138,602 $7,295* $18,237 $80,243* $94,833 $1,200,000 2. Workers Compensation Fund : $250,004.87 *. This is claims related . We do have a pending cla i m w hich ma y prov ide some reimbursement for these funds. General Fund $231 ,175 .93* Parks Fund $29,813.82 Airport Fund $3,455 .02* Parking Fund $2,396.44 Trans it Fund $15,373 .92 * Wastewater Fund $17,784.87 Total $300,000 3 . Gasoline and parts : $255,000. To partially address inflationary related co st s. Tran sit: fuel, $80,000 and parts: $50,000 . Public Works (General Fund): fuel , $25,000 and pa rts $100,000. Estimates are through the end of the year . We w i ll try to co v er r ema i n i ng fu e l and parts costs of other departments through current year un spent funds . 4. Cell Phone litigation: $115,000. I presume there may be a reimbursement to the General Fund fund balance when (if) a settlement occurs . 5 . LCRA Reimbursement: $112,888. This relates to the payment made to Housing Authority for 101 Jack son and 504 E. State Street-all previously allocated funds have already been expended. The total of the above recommendations equals $1 ,681,220.87 allocated to the General Fund and $301,667.13 allocated to enterprise and special revenue funds. This would leave the General Fund fund balance at an ESTIMATED $4,496,832, or approximately 13 .08 %. The fund balance projection is based on the allocation for the Self-Funded Health Insurance on the percentage of employee participation in group health insurance, not based on any ac tual claims u sa ge by fund. BILL NO . 2022-077 SPONSORED BY Councilmember Hensley ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING THE 2021- 2022 BUDGET OF THE CITY OF JEFFERSON, MISSOURI , BY SUPPLEMENT ALLY APPROPRIATING ADDITIONAL FUNDS WITHIN THE GENERAL FUND , PARKS FUND, PARKING FUND , WASTERWATER FUND , AND THE WORKER'S COMPENSATION FUND. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. There is hereby supplementally appropriated within the General Fund , Parks Fund , Parking Fund , and Wastewater Fund a total of $450 ,000 , as indicated on Exhibit A , attached hereto . Section z. There is hereby supplementally appropria ted within the Worker's Comp Fund a total of $450,000, as indicated on Exhibit A, attached hereto . Section ~: This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ---------------------Approved: ______________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk City All~ CERTIFICATION BY MAYOR Pursuant to Article VII , Section 7 .1 (5.) Of the Charter of the City of Jefferson , M issouri, I hereby certify that the sums appropriated in the ordinance are available in the various funds to meet the requirements of this bill. Mayor Carrie Tergin REVIEWED BY FINANCE ON 10/24/2022 Bill 2022-077 Exhibit A SUPPLEMENTAL APPROPRIATIONS FISCAL YEAR 2021-2022 BUDGET General Fund: Revenue 10-100-495995 Transfer From (to) Surplus $375,007.31* Parks Fund: Revenue 21-210-495995 Transfer From (to) Surplus $44,720.74 Parking Fund: Revenue 62-100-495995 Transfer From (to) Surplus $3,594.65 Wastewater Fund: Revenue 64-100-495995 Transfer From (to) Surplus $26,677.30 Total of All Funds Transferred to Worker’s Compensation Fund $450,000.00 *General Fund transfer is comprised of the following: General Fund $346,763.91 Airport Fund subsidy $5,182.53 Transit Fund subsidy $23,060.87 RESOLUTION SUMMARY RESOLUTION NO : RS2022-36 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing a $25 ,000 Federal Transit Administration Section 5304 Statewide Planning Funds Grant with Missouri Highways and Transportation Commission for the Development of the Capital Area Active Transportation Plan in FY2023 DATE INTRODUCED: November 21 , 2022 DEPARTMENTDIRECTOR(S: ____ ~~~~~~~~~~--------- CITY ADMINISTRATOR:~z......===-----+-..tL!~"(L..£,.,«.L------------------ Staff Recommendation: Approve . Summary: A Resolution app roving a grant agreement with Missouri Highways and Transportation Commission . Origin of Request: Planning and Protective Services Department Responsible: Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS I Eric Barron Background Information: Authorizes the use of Federal Transit Administration Section 5304 Statewide Planning Funds for the continued development of the Capital Area Active Transportation Plan and replaces a portion (25%) of Consolidated Planning Grant Funds already allocated for this project. Fiscal Information: This Federal Transit Administration Section 5304 Statewide Planning Funds grant (FTA Section 5304 grant) is financed with 80 % federal and 20% local matching funds. The grant funds, not to exceed $25,000 , represents the federal contribution. The local match required is $6 ,250 for a total of $31 ,250 . No additional local match is required because this is an existing funded project. This grant will replace 25 % of the cost to development of the Capital Area Active Transportation Plan ($125 ,000), which is currently being funded through the FY 2023 Consolidated Plann ing Grant. The offset Consolidated Planning. Grant funds will remain unused in a grant pool administered by the Missouri Department of Transportation . RESOLUTION RS2022-36 Sponsor: Councilmember Fitzwater A RESOLUTION AUTHORIZING THE CITY TO UTILIZE FEDERAL TRANSIT ADMINISTRATION SECTION 5304 STATEWIDE PLANNING FUNDS WHEREAS , the Missouri Department of Transportation is authorized to make grants for public transportation planning projects ; and WHEREAS, the Missouri Department of Transportation made availabile Federal Transit Administration Section 5304 Statewide Planning funds; and WHEREAS, the Section 5304 Statewide Planning funds have been approved for use in the development of the Capital Area Active Transportation Plan ; and WHEREAS , the Section 5304 Statewide Planning funds will replace a portion of Consolidated Planning Grant Funds already allocated for this activity . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , that the Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Missouri Highways and Transportation Commission for Federal Transit Administration Section 5304 Statewide Planning funds. The agreement for Federal Transit Administration Section 5304 Statewide Planning funds is attached hereto as Exhibit A. Adopted this 21 51 day of November, 2022 Mayor Carrie T erg in ATTEST : APPROVED AS TO FORM: City Clerk CityA~~ Memorandum ______________________________________________________________________________ To: City Council From: City Administrator Re: Grant Acceptance Over $25,000 For: Consent Agenda ______________________________________________________________________________ Pursuant to Section 2- 28 of the City Code, I request authority to accept the following Grant: The name of the grantor: Missouri Highway and Transportation Commission The amount of the grant: $25,000 The purpose of the grant: The 5304 Statewide Planning Grant will be used to pay for professional services related to the development of Capital Area Active Transportation Plan. The funds will replace $25,000 in Consolidated Planning Grant (CPG) funds in FY 2023. Both funding sources are 80/20 grants. No additional local match is required. This grant fund is traditionally used for the update of the Coordinated Public Transit-Human Services Transportation Plan, which was updated by CAMPO in 2021 without the additional funding. Any matching requirements or future obligations tied to acceptance of the grant: GL Acct where matching funds will come from (will be used for budget adjustment upon grant acceptance to make budget authority in expense acct shown below whole) This grant has a 20% match requirement. $6,250 in match will be provided by JC Parks. This is not additional match. It is encompassed within the $25,000 of local match required within the CPG Grant. GL Acct – 21-990-574003 Greenway Acqstn & Dvlpmnt CFDA#: 20.505 Grant Award # (if any): City Department Responsible: Planning and Protective Services Employee assigned as Grant Administrator: Sonny Sanders Revenue account # to be amended: N/A – already included in FY23 adopted budget Expense account # to be amended: N/A – already included in FY23 adopted budget Reviewed by Finance: Please NOTE: Upon Approval of the Consent Agenda, the City Administrator may, on behalf of the city execute any documents necessary for accepting the grant and amend the budget to reflect the acceptance of such revenue, and amend the budget to reflect equivalent expenses so as to accomplish the purpose of such funds. For Finance Department Use only: Approved on with Ordiance____________; Bill___________this _______ day of _______, 20_____ Revised 8/2/16 by Ordinance 15545 EXHIBIT A CCO Form: M078 Approved: 08/94 (MLH) Revised: 03/17 (MWH) Modified: CFDA Number: CFDA #20.515 CFDA Title: State Planning and Research Federal Agency: Federal Transit Administration, Department of Transportation MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION PUBLIC TRANSPORTATION PLANNING GRANT AGREEMENT THIS AGREEMENT is entered into by the Missouri Highways and Transportation Commission (hereinafter, "Commission") and Capital Area Metropolitan Planning Organization, aka CAMPO (hereinafter, "Grantee"). WITNESSETH: WHEREAS, the Grantee has applied to the Commission for a grant of funds made available to the Commission under Chapter 53 of Title 49, United States Code (hereinafter, "USC") Section 5305, and the Commission has awarded planning funds available pursuant to said act to the Grantee with the understanding that such funds will be used pursuant to this Agreement for purposes specified in the Grantee's application and budget as one for planning assistance (Appendix A). NOW, THEREFORE, in consideration of the mutual covenants, promises, and representations herein, the parties agree as follows: (1) PURPOSE: The purpose of this Agreement is to assist the Grantee in financing planning project expenses that are eligible for federal financial assistance under 49 USC Section 5305. (2) SOURCE OF FUNDS: The Commission will make a grant from available federal funds in an amount not to exceed eighty percent (80o/o) of the project's cost in a manner consistent with the administrative rules of the United States Department of Transportation (hereinafter, "USDOT"), Federal Transit Administration (hereinafter, "FTA") as contained in FTA Circular 8100.1C, dated September 1, 2008, or any subsequent circulars regarding public transportation planning grants, and any other regulations pursuant to the Federal Transit Act, as amended. (3) SCOPE OF WORK: The Grantee will undertake and complete the work as specified in the approved project application/budget (Appendix A, which is attached hereto and incorporated herein by this reference). -1- -2- (4) REPORTS: (A) All draft reports, the cost of which will be considered a direct cost, will be submitted to the Commission for review and approval prior to printing in final form. The Commission will be provided with two (2) copies of each draft and four (4) copies of the final report. (B) All reports, drawings, estimates, surveys, memoranda and other papers submitted by the Grantee shall be dated and bear the Grantee’s name. (5) PUBLICATION PROVISIONS: (A) Copyright: Papers, interim or final reports, forms and other materials which are part of the work under contract will not be copyrighted without written approval of the Commission and/or FTA, as appropriate. (B) Request for Publication: Either party to the Agreement or FTA may initiate a request for publication of reports. (C) Abstracts: When the scheduled time for presentation of a paper does not permit formal review and approval by the Commission and/or FTA of a complete report, abstracts may be used for notification of intent to present a paper based on the study. Such presentation must protect the Commission’s and/or FTA’s interests by the inclusion of a statement in the paper and in the presentation that the paper has not been reviewed and approved by Commission and/or FTA. (D) Publication: Publication by either party shall give credit to the other party and/or FTA, unless upon failure of agreement upon any report of the study, FTA or either of the parties to this Agreement requests that its credit acknowledgement be omitted; and then the following statement shall be added: “The opinions, findings, and conclusions expressed in this publication are those of the authors and not necessarily those of the Missouri Highways and Transportation Commission or Federal Transit Administration." (E) Use of Data: After acceptance of the reports, all parties are free to use the data and results for whatever purpose. (F) Cooperative Participation: All reports shall bear a statement crediting the cooperative participation of all agencies, including the FTA, as app ropriate. (G) Freedom of Information: The publication provisions contained in this paragraph (5) are subject to the provisions of Chapter 610, RSMo, and all applicable laws of the United States Government concerning freedom of information. -3- (6) RETENTION AND AUDIT OF RECORDS: (A) Record Retention: The Grantee or any approved subcontractor shall be required to maintain accounting records and any other evidence pertaining to the cost incurred regarding the study and to make the records available to the Commission, the FTA and/or their designees or representatives at its office at all reasonable times during the contract period and for three (3) years from the date of the final payment of federal funds. (B) Record Inspection: Such accounting records and other evidence pertaining to the costs incurred will be made available for inspection by the Commission, FTA, or any authorized representative thereof at no charge to the Commission, FTA, and/or its designees and representatives, and copies shall be furnished if requested. (C) Audit of Records: Upon receipt of a notice of intent to audit from the Commission, the Grantee shall not dispose of any records pertaining to the costs incurred regarding the study until the audit is completed. (7) INFORMATION FURNISHED AND WORK PERFORMED BY THE GRANTEE: The Grantee shall make available to the Commission all of the data, reports, analysis, transcripts of hearings, maps, drawings, tables, and other pertinent background information related to the scope of services under this Agreement. (8) INFORMATION AND WORK FURNISHED BY THE COMMISSION: The Commission shall make available to the Grantee all of the data, reports, analysis, transcripts of hearings, maps, drawings, tables and other pertinent background information related to the scope of services under this Agreement that the Commission deems necessary and non-confidential. No report, information, data or other materials provided to the Grantee shall be given to any individual or organization without the written approval of the Commission. (9) PROJECT TIME PERIOD: Work under this Agreement shall begin July 1, 2021 and extend to December 31, 2023. No work shall be performed under this Agreement until a notice to proceed is received from the Commission or until pre-award authority has been granted by the Commission. (10) PAYMENT: (A) Reimbursement: For the work described in this Agreement, the Grantee shall receive payment based on actual costs, as defined in subparagraph (10) (B), up to a maximum amount of twenty-five thousand dollars ($25,000.00). This amount is eighty percent (80%) federal reimbursement of the total actual costs. The federal reimbursement of this amount shall be composed of FTA public transportation cooperative research funds under 49 USC Section 5305. The local matching share shall be twenty percent (20%) for funds provided under 49 USC Section 5305 and will be provided by Grantee. -4- (B) Progress Payments: The Commission agrees to make progress payments to the Grantee not more than monthly upon receipt of a proper invoice and certification for services actually performed under this Agreement. Certification of services will be documented by a progress report from either the Grantee or Subcontractor submitted either monthly or quarterly. Invoices will be based on actual costs incurred. Each invoice will show the breakdown of the cost incurred. Such progress payments will be based on actual costs incurred. In no instance shall the progress payments exceed the percentage of work completed. The accounting for and billing of project charges will be accomplished as follows: 1. The Grantee will establish cost principles for use in determining the allowability of individual items of cost in accordance with Office of Management and Budget (hereinafter, “OMB”) Guidance 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards – State, Local Government and Indian Tribal Governments 2. Direct labor charges shall be based on actual time expended at the current approved gross salary of the assigned staff member. 3. Employee fringe benefits shall be based on a provisional rate, subject to audit, of direct labor costs. This rate is set on the basis of the employer’s actual cost for group life insurance, health insurance, pension plan, worker’s compensation, holidays, F.I.C.A. taxes, accrued costs for sick leave, vacation and other items included in the Grantee’s approved fringe benefit package, to the total annual salaries paid. This rate is reviewed and adjusted annually and will be specified in the fiscal year scope of services. 4. Indirect costs shall be based on the approved cost allocation plan supported by the Grantee’s annual budget for the fiscal year in which the scope of services is to be carried out. A rate is calculated on the basis of the estimated total annual administrative expenses, excluding known unallowable costs as prescribed in various federal regulations, including 2 CFR Part 200 , divided by the sum of the total annual salaries chargeable as direct labor. Calculation of the indirect rate is specified in the cost allocation plan and is approved by the audit agency. The indirect rate is audited and adjusted at each fiscal year end by the audit agency. 5. Other direct costs charged shall be based on the actual cost of supplies and equipment purchased or rented for exclusive use of this project. The procurement of supplies and equipment shall be in accordance with procedures established by the State of Missouri and FTA. (C) Compensation: Compensation shall be paid by the Commission to the Grantee for work performed hereunder, subject to the limitations of paragraphs (10)(A) and (10)(B), as supported by Appendix A. -5- (D) Direct Costs: The following are considered direct costs and are chargeable as such: 1. Salaries and fringe benefits; and 2. Other non-salary expenses directly related to this Agreement, such as: classified advertising; contractual services; data processing; equipment maintenance and rental; meetings and conferences; postage; publications; reproduction; supplies; travel; and long distance telephone calls. (E) Final Payment: The final payment will be made only after acceptance by the Commission of the final report and receipt of information/work products in accordance with subparagraph (10)(F) considered to be satisfactor y to the Commission. The Commission’s obligation will extend only to those costs incurred as verified by the final audit. A final audit will be completed after the acceptance of the final report and receipt of information/work products. If Grantee was o vercompensated according to final audit results, Grantee will reimburse the Commission the amount specified by the final audit. If additional compensation is due Grantee, Grantee will present a supplemental invoice to the Commission for payment of the amo unt specified by the final audit. (F) Title to Work Product: The making of payments to the Grantee in the manner aforesaid shall vest in the Commission title to the studies, documents and material produced by the Grantee under the terms of this Agreeme nt up to the time of such payments, and the Commission shall have the right to use the same for any public purpose or make any desirable alterations thereto without other further compensation to the Grantee or to any other such agency or persons. (11) CHANGES: The Commission or the Grantee may request changes in the scope of work under this Agreement. Changes in the scope of work that do not involve any increase or decrease in the amount of the Grantee’s compensation shall be made with the mutual agreement of the parties to this Agreement, evidenced by letters from each to the other. Changes involving adjustments to limiting amounts contained in the scope of work, or any increase or decrease in the total amount of compensation which is mutually agreed upon by and between the Commission and the Grantee shall be incorporated in written amendments or supplements to this Agreement. (12) INDEMNIFICATION: (A) To the extent allowed or imposed by law, the Grantee shall defend, indemnify and hold harmless the Commission, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Grantee's wrongful or negligent performance of its obligations under this Agreement. -6- (B) In no event shall the language of this Agreement constitute or be construed as a waiver or limitation for either party’s rights or defenses with regard to each party’s applicable sovereign, governmental, or official immunities and protections as provided by federal and state constitution or law. (13) TERMINATION: This Agreement may be terminated upon any of the following conditions: (A) If, for any cause, the Grantee shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if the Grantee shall violate any of the covenants, agreements, or stipulations contained herein, the Commission shall have the right to terminate this Agreement if such default or violation is not corrected within twenty (20) days after written notice is sent to the Grantee describing such default or violation. (B) The Commission may terminate this Agreement without recourse in the event that, for any reason, federal funds are not appropriated, allotted, or available to the Commission for the purpose of meeting the Commission's obligation hereunder. The Commission will provide written notice of such termination to the Grantee at least five (5) days prior to the effective date of termination. (C) Either party may terminate this Agreement at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least forty-five (45) days in advance of such termination date. (D) If the Commission terminates the Agreement, the Commission shall be liable only for the work rendered to the date of termination, based upon the compensation described in the scope of services. Grantee, for itself, its succe ssors, assigns and legal representatives, agrees to accept this amount of compensation in full satisfaction of all claims for compensation under this Agreement. (E) In the event of termination, Grantee shall deliver to the Commission, as property of the Commission, all designs, reports, drawings, studies, estimates, surveys, computations, memoranda, documents and other papers or materials either furnished by the Commission or prepared by or for the Grantee under this Agreement. In addition, ownership of all designs, reports, drawings, studies, estimates, models, computations, etc., prepared under this Agreement shall vest in the Commission, at the Commission's option. The Commission reserves the right to postpone or abandon further work of the type described by this Agreement or to cause such work to be continued or completed in such a manner, by such person(s), and under such terms and agreements as the Commission shall determine. (14) DISPUTES: Any disputes that arise under this Agreement shall be decided by the Commission or its representative. (15) NONDISCRIMINATION ASSURANCE: With regard to work under this Agreement, the Grantee agrees as follows: -7- (A) Civil Rights Statutes: The Grantee shall comply with all state and federal statutes relating to nondiscrimination, including but not limited to Title VI and Title VII of the Civil Rights Act of 1964, as amended (42 USC 2000d and 2000e, et seq.), as well as any applicable titles of the Americans with Disabilities Act. In addition, if the Grantee is providing services or operating programs on behalf of the Department or the Commission, it shall comply with all applicable provisions of Title II of the Americans with Disabilities Act. (B) Administrative Rules: The Grantee shall comply with the administrative rules of the USDOT relative to nondiscrimination in federally assisted programs of the USDOT (49 Code of Federal Regulations (hereinafter, “CFR”) Subtitle A, Part 21) which are herein incorporated by reference and made part of this Agreement. (C) Nondiscrimination: The Grantee shall not discriminate on grounds of the race, color, religion, creed, sex, disability, national origin, age or ancestry of any individual in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Grantee shall not participate either directly or indirectly in the discrimination prohibited by 49 CFR 21.5, including employment practices. (D) Solicitations for Subcontracts, Including Procurements of Material and Equipment: These assurances concerning nondiscrimination also apply to subcontractors and suppliers of the Grantee. These apply to all solicitations either by competitive bidding or negotiation made by the Grantee for work to be performed under a subcontract including procurement of materials or equipment. Each potential subcontractor or supplier shall be notified by the Grantee of the requirements of this Agreement relative to nondiscrimination on grounds of the race, color, religion, creed, sex, disability or national origin, age or ancestry of any individual. (E) Information and Reports: The Grantee shall provide all information and reports required by this Agreement, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Commission or the USDOT to be necessary to ascertain compliance with other contracts, orders and instructions. Where any information required of the Grantee is in the exclusive possession of another who fails or refuses to furnish this information, the Grantee shall so certify to the Commission or the USDOT as appropriate and shall set forth what efforts it has made to obtain the information. (F) Sanctions for Noncompliance: In the event the Grantee fails to comply with the nondiscrimination provisions of this Agreement, the Commission shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including but not limited to: 1. Withholding of payments under this Agreement until the -8- Grantee complies; and/or 2. Cancellation, termination or suspension of this Agreement, in whole or in part, or both. (G) Incorporation of Provisions: The Grantee shall include the provisions of paragraph (15) of this Agreement in every subcontract, including procurements of materials and leases of equipment, unless exempted by the statutes, executive order, administrative rules or instructions issued by the Commission or the USDOT. The Grantee will take such action with respect to any subcontract or procurement as the Commission or the USDOT may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided that in the event the Grantee becomes involved or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Grantee may request the United States to enter into such litigation to prot ect the interests of the United States. (16) SECTION 504 ASSURANCES AND THE AMERICANS WITH DISABILITIES ACT OF 1990: The Grantee shall comply with all the requirements imposed by the USDOT regulations implementing the Rehabilitation Act of 1973, as amended, and the Americans with Disabilities Act of 1990 (and any subsequent amendments thereto) set forth in 49 CFR Subtitle A, Parts 27, 37, and 38, as well as all applicable regulations and directives issued pursuant thereto by other federal departments or agencies. (17) RESTRICTION ON LOBBYING: The Grantee shall comply with the requirements of 31 USC Section 1352. (18) THIRD PARTY CONTRACTS: (A) Prior to execution by either party, the Grantee shall submit to the Commission for review, comment and approval all contracts for services included in the Grantee’s application for project assistance to be provided to the Grantee by a third party. (B) The Commission shall not be liable to contractors or subcontractors of the Grantee or any other person not a party to this Agreement in connection with the performance of the project. (19) ASSIGNMENT: The Grantee shall not assign, transfer or delegate any interest in this Agreement without the prior written consent of the Commission. (20) EQUIPMENT AND INSTRUMENTATION: (A) It is agreed that major items of special equipment, which are not identified specifically in Appendix A, require specific approval by the Commission prior to purchase. A major special equipment item is one costing two thousand five hundred dollars ($2,500) or more, which is not used up during the course of the study. -9- (B) The major items of special equipment and instrumentation as listed in Appendix A are approved by the Commission and the cost, therefore, is included in the contract price. The Grantee certifies that no items listed have been included in the indirect costs that are approved for this study. (21) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed according to the laws of the State of Missouri. The Grantee shall comply with all local, state and federal laws and regulations relating to the performance of the Agreement. (22) DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS: The Commission will advise the Grantee of any required goals for participation by disadvantaged business enterprises for the work to be performed to be included in the Grantee’s project application. The Grantee shall comply with the Commission’s plan or goal and all requirements of 49 CFR Part 26, as amended. (23) COMMISSION REPRESENTATIVE: The Commission's chief engineer is designated as the Commission's representative for the purpose of administering the provisions of this Agreement. The Commission's representative may designate by written notice other persons having the authority to act on behalf of the Commission in furtherance of the performance of this Agreement. (24) BANKRUPTCY: Upon filing for any bankruptcy or insolvency proceeding by or against the Grantee, whether voluntarily, or upon the appointment of a receiver, trustee, or assignee, for the benefit of creditors, the Commission reserves the right and sole discretion to either cancel this Agreement or affirm thi s Agreement and hold the Grantee responsible for damages. (25) VENUE: It is agreed by the parties that any action at law, suit in equity, or other judicial proceeding to enforce or construe this Agreement, or regarding its alleged breach, shall be instituted only in the Circuit Court of Cole County, Missouri. (26) AMENDMENTS: Any change in this Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment signed and approved by the duly authorized representatives of the Grantee and the Commission. (27) SECTION HEADINGS: All section headings contained in this Agreement are for the convenience of reference only and are not intended to define or limit the scope of any provision of this Agreement. (28) AUDIT REQUIREMENTS: If the Grantee expends seven hundred fifty thousand dollars ($750,000) or more in a year in federal financial assistance it is required to have an independent annual audit conducted in accordance with 2 CFR Part 200. A copy of the audit report shall be submitted to MoDOT within the earlier of thirty (30) days after receipt of the auditor's report(s), or nine (9) months after the end of the audit period. Subject to the requirements of 2 CFR Part 200, if the Grantee expends less than -10- seven hundred fifty thousand dollars ($750,000) a year, the Grantee may be exempt from auditing requirements for that year, but records must be available for review or audit by applicable state and federal authorities. (29) INTEREST OF MEMBERS OF OR DELEGATES TO CONGRESS: No member of or delegate to the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising from this Agreement. (30) SOURCE OF COMMISSION FUNDS: The obligation of the Commission for financial assistance in the project is contingent upon this Agreement being approved by the FTA and the USDOT, and upon federal funds being allocated to and approved for the project. (31) LACK OF WAIVER: In no event shall payment of grant funds to the Grantee by the Commission constitute or be construed as a waiver by the Commission of any breach of covenants or any default which may exist on the part of the Grantee, and the making of any such payment by the Commission while any such breach or defa ult shall exist shall in no way impair or prejudice any right or remedy available to the Commission with respect to such breach or default. (32) CONFIDENTIALITY: The Grantee shall not disclose to third parties’ confidential factual matters provided by the Commission except as may be required by statute, ordinance, or order of court, or as authorized by the Commission. The Grantee shall notify the Commission immediately of any request for such information. (33) NONSOLICITATION: The Grantee warrants that it has not employed or retained any company or person, other than a bona fide employee working for the Grantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the Commission shall have the right to annul this Agreement without liability, or in its discretion, to deduct from this Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. (34) FEDERAL CHANGES: The Grantee shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the most recently issued FTA Master Agreement, as they may be amended or promulgated from time to ti me during the term of this Agreement. The Grantee's failure to comply shall constitute a material breach of this Agreement. (35) NO OBLIGATION BY THE UNITED STATES DEPARTMENT OF TRANSPORTATION: The Grantee acknowledges and agrees that, notwithstanding any concurrence by the USDOT in or approval of the solicitation or award of the underlying -11- contract, absent the express written consent by the USDOT, the USDOT is not a party to this Agreement and shall not be subject to any obligations or liabilities to t he Grantee or any other party pertaining to any matter resulting from the Agreement. The Grantee agrees that it will ensure that the contractor will include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. (36) PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS OR RELATED ACTS: (A) The Grantee acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 USC 3801 et seq. and USDOT regulations, "Program Fraud Civil Remedies," 49 CFR Subtitle A, Part 31, apply to its actions pertaining to this Project. The Grantee shall ensure th at the contractor will certify or affirm the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract of the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Grantee further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the USDOT reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Grantee to the extent the USDOT deems appropriate. (B) The Grantee also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the USDOT under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 USC 5311, the Government reserves the right to impose the penalties of 18 USC 1001 on the Grantee, to the extent the Federal Government deems appropriate. (C) The Grantee agrees to include the above two clauses in each of its contracts financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the contractor subcontractor who will be subject to the provisions. (37) PRIVACY ACT: (A) The Grantee agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 USC 552a. Among other things, the Grantee agrees to obtain the express consent of the USDOT before the Grantee or its employees operate a system of records on behalf of the USDOT. The Grantee understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the Agreement. -12- (B) The Grantee also agrees to include these requirements in each of its contracts to administer any system of records on behalf of the USDOT financed in whole or in part with Federal assistance provided by FTA. (38) INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS: The preceding provisions include, in part, certain Standard Terms and Conditions required by the USDOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by the USDOT, as set forth in FTA Circular 4220.1F, dated March 18, 2013, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Grantee shall not perform any act, fail to perform any act, or refuse to comply with any requests which would cause the Grantee to be in violation of the FTA terms and conditions. (39) STATE AND LOCAL LAW DISCLAIMER: The use of many of the suggested clauses are not governed by Federal law but are significantly affected by State law. The language of the suggested clauses may need to be modified depending on state law, and that before the suggested clauses are used in the Grantee's procurement documents, the Grantee should consult with their local attorney. (40) FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT OF 2006: The Grantee shall comply with all reporting requirements of the Federal Funding Accountability and Transparency Act (FFATA) of 2006, as amended. This Agreement is subject to the award terms within 2 CFR Part 170. (41) NON-EMPLOYMENT OF UNAUTHORIZED ALIENS: Pursuant to Section 285.530, RSMo., no business entity or employer shall knowingly employ, hire for employment, or continue to employ an unauthorized alien to perform work within the State of Missouri. As a condition for the award of any contract or grant in excess of five thousand dollars by the State or by any political subdivision of the State to a business entity, or for any business entity receiving a state -administered or subsidized tax credit, tax abatement, or loan from the state, the business entity shall: (A) By sworn affidavit and provision of documentation, affirm its enrollment and participation in a federal work authorization program with respect to the employees working in connection with the contracted services. E-Verify is an example of a federal work authorization program. The business entity must affirm its enrollment and participation in the E-Verify federal work authorization program with respect to the employees proposed to work in connection with the services requested herein by providing acceptable enrollment and participation documentation consisting of completed copy of the E-Verify Memorandum of Understanding (MOU). For business entities that are not already enrolled and participating in a federal work authorization program, E-Verify is available at http://www.dhs.gov/xprevprot/programs/gc_1185221678150.shtm . -13- (B) By sworn affidavit, affirm that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. A copy of the affidavit referenced herein is provided within this document, attached as Appendix B. [Remainder of Page is Intentionally Left Blank.] -14- Appendix A-Financial Summary Anticipated Expenditures & Revenue CAMPO receiv es funding from the FHW A and FTA 530 3 f und s t h roug h the Co nso li d at ed Pla nning G ra nt (CPG) administered b y MoDOT. Fund ing con sists of 8 0 % fed e ral a nd 20 % loca l mat ch ing f unds i Jefferso n City contributes 7 5% and Cole County co ntr i butes 25% e xce p t whe re not ed d iff erentl y . Table 1: FY 2023 CAMPO Budget* Direct Costs Federal -CPG (80 %) Local (20%) Total (100%) Materials & Supplies Advertising $2,080 $520 $2,600 Postage $240 $60 $300 Printing $160 $40 $200 Copies $160 $40 $200 Office Supplies $800 $200 $1,000 Food $240 $60 $300 Operational Supplies $800 $200 $1,000 Subtotal $4,480 $11120 $5 ,600 Other Contracted Services Dues & Publications $1,200 $30 0 $1,500 Training and Education $3,600 $900 $4,500 Tuition Reimbursement $2,4 00 $600 $3,000 Professional Services -M TP Update $24,0 00 $6,000 $30,000 Professional Services -Pedestrian /Bicycle Plan $50,000 $12,50 0 $62,500 Subtotal $81 ,200 $20,300 $101 ,500 Equipment Repair and Maintenance Equipment Maintenance $0 $0 $0 Vehicle Wash $0 $0 $0 Maintenance Agreement $1,9 20 $480 $2,4 00 Subtotal $1,920 $480 $2,400 Capital Purchases and Utilities** Equipment/ software $2,720 $6 80 $3,4 00 Subtotal $2,720 $680 $3,400 Total Direct Costs $90,320 $22,580 $112 ,900 Labor Costs Salaries plus benefits $143 ,631 $35 ,908 $179,539 Total Labor Costs $143,631 $35,908 $179,539 Total MPO Budgetl $233,951 1 $58,488 1 $292,439 1 *Roun d ed t o the nearest who le nu mbe r. ** Th e City o f Je ff e r son cove rs all th e Ut ility a nd Ca p ita l Pu r chase s exp e ns e s, e xcept f o r so me speci fi c sof t w are lice nse s use d f o r publi shing or ma pping. Ca pital A rea Metro p o lit a n Pl a nning O rg a n iza tio n FY 20 2 3 UPW P 12 -15- Table 2: FY2023 Work Element Funding Summary· Consolidated Planning Grant and Local Funds w ..... ... -0 ... ..... ~ ... ;; ll'l "' (ij w 0 .., " "' ..... ... ....;. "' D ..... c ... ... E D ::::. .. Total Total !! :E ::::. .. = -<( 0 "' "' Federal Local !! c (ij (ij c "E "-·;: c c .E CPG Funds Match " ~ c c c ~ Work Element D D D .., Sub-Total 80% 20% Total " ;;: ;;: ;;: <( "-:: Labor Costs* 521-Program Support & Administration $25,675 $685 $26,360 $2 1,088 $5,272 $26,360 9 % 522-General Develop. and Comp . Planning $8,148 $8,476 $16,624 $13,299 $3,325 $16,624 6 % 524-Short Range Transportation Planning $4,656 $16,300 $20,956 $1 6,765 $4,191 $20,956 7 % 525-Long Range Transportation Planning $4,668 $37,636 $25,428 $67,732 $5 4 ,185 $13,546 $67,732 23% 526-Public Tr ans portation Planning $22,892 $17,604 $40,496 $32,397 $8,099 $40,496 14% 527 -Safe/ Accessible Transportation Planning $7,372 $7,372 $5,898 $1,47 4 $7,372 3 % Labor Costs (Base + Fringe) Subtotal $30,343 $80,704 $67,807 $685 $1 79,539 $143,631 $35,908 $179,539 61 % Direct Costs* 521-Direct Costs -Program Support and Administration $20,400 $1 6,320 $4,080 $20,400 7 % 524-Direct Costs -Pedestrian/Bicycle Plan (50% roll over estimate from FY 2022)** $62,500 $50,000 $12,500 $62,5 0 0 2 1% 525-Direct Costs -Metropolitan Tranpsortaiton Plan Update $30,000 $24,000 $6,000 $30 ,00 0 10 % Direct Costs Subtotal $112,900 $90,320 $22,580 $112,900 39% Total* $233,951 $58,488 $292,439 100% *Numbers are rounded to the nearest whole number. Staff sa lanes are based on an hou r ly rote (base+ f n nge). Staff l1 me a llocations are subject to change as planning activities fluctuate. The MPO Execu tive Di rector posit ion is full -time, b ut i s not fund ed by the MPO and does not appear in the table above. The MPO Director is the Director of the Jefferson City Department of Pla nning and Protectiv e Services, MPO activities are only a portion of the Director's job duties.** The Cap ital Area Pedestrian a nd Bicycl e Pl a n was programmed for update in FY 2022 at a cost of approximately $125,000. Due to project delays, is estimated that appr oximatel y 50% wi ll b e r olled over into FY 2023. JC Parks will pay $25 ,000 of local match associated with the Pedestrian/Bicycle Plan update. N ote: The 202 1 Bipartisan Infrastructure law (Bil) requires each MPO to use at least 2.5% of its Pl funds on specified planni ng activities rela t ed to Safe and Accessible Transp ortation Plann ing (Work Element 527). Pl funds constitute -80% of CPG f unds and t he FY 2023 estimate is $4,61 0 . T bl 3 FY 2023 L a e : oca ate )y UriS 1chon I M h b J . d" . CPG Local Match Category JC Parks Jefferson City 75% Cole County 25% Total labor Costs $0 $26,931 $8,977 $35,908 521-Direct Costs $0 $3,060 $1,020 $4,080 524-Direct Costs-Ped./Bicycle Plan* $12,500 $0 $0 $12,500 5 25 -Direct Costs -MTP Update $0 $4,500 $1,500 $6,000 Total $12,500 $34,491 $11,497 $58,488 * JC Parks will pay $25,000 of local match associated with the Pedestrian /Bicy cle Plan updat e spanning FY 2022 and FY2023. *Th e final a mount of the FY 2022 CPG Allocation will not be r e leased by MoDOT until Ma y of 2022. This UPWP wil l ha ve been adopted before this information is made available. Add iti ona lly , the MoDOT FY20 22 SP R W ork Program is also not a vaila b le until a fter adoption of this document. CAMPO staff may make modifications to tota ls in Table 4 after these allocation amounts are ma de av ail a ble. CAMPO may ov er-pro gram or under-program annual C PG a ll ocations in o r der t o ma intain a CPG ba lance to provide fl exibility in accommodating large scal e p lanning e fforts that may r equi re add ed sta ff or consultant servi ces. Some y ears may requi re more funding than others in o r der to meet MPO p lanning goa ls and federal requirements . Capital A r ea Metropolitan Planning O rganiz ation FY 2023 UPWP 13 RESOLUTION SUMMARY RESOLUTION NO: RS2022-37 SPONSOR: Councilmember Fitzwater SUBJECT: Adopting Policies and Procedures for the 2023 Community Development Block Grant Program DATE INTRODUCED: November 21. 2022 DEPARTMENT DIRECTOR(S) =--___,..l~~~.L.,-,,A,}::f~::....___,~--- CITY ADMINISTRATOR:~~a...-=------'""'-""'-------+-~~~~7'--------- Staff Recommendation: Approve . Summary: This resolution adopts and updates policies and procedures for the administration of the Community Development Block Grant program, as referenced in Article IV, Chapter 25 of the City Code. The previous procedures manual, adopted for 2022 was adopted by RS2021-21. Origin of Request: Department of Planning and Protective Services I Neighborhood Services Division Department Responsible: Department of Planning & Protective Services PERSON RESPONSIBLE: SONNY SANDERS I Anne Stratman Background Information: The City of Jefferson became a designated recipient of the Entitlement Community Development Block Grant in 2004 . The City receives an annual grant allocation from the Department of Housing and Urban Development that is allocated according to a five -year consolidated plan and annual action plan. The CDBG program is administered in accordance with federal regulations contained in Title 24 CFR Part 570, and while the Policy and Procedure Manual is not a replacement for applicable federal law , it does provide a format to inform clients and guide staff on proper administrative procedures to follow , guidelines on federal compliance requirements , financial and administrative procedures, eligibility and application requirements for homeowner support and demolition programs. Fiscal Information: No fiscal impact. RESOLUTION RS2022-37 Sponsor: Councilmember Fitzwater A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI ADOPTING POLICIES AND PROCEDURES FOR THE 2023 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM WHEREAS, the City of Jefferson is designated an Entitlement Community for the HUD Community Development Block Grant Program ; and WHEREAS , the administration of the CDBG program is governed by fede ral regu lations found in Title 24 CFR Part 570 ; and WHEREAS , the City of Jefferson adopts a five year Consol idated Plan and an Annual Action Plan that outlines programs to be funded with CDBG funds; and WHEREAS , the administration of these programs necessitates the adoption of policies and procedures consistent with federal law; and WHEREAS , the policy and procedure manual shall be updated annually. NOW THEREFORE, BE IT RESOLVED by the Council of the City of Jefferson , Missouri that the Community Development Block Grant Policy and Pro cedures Manual, as attached hereto , is adopted as guidance for the City's admin istration of the CDBG program. BE IT FURTHER RESOLVED that the Policy and Procedure Manual shall remain effective until December 31 , 2023 or until it is replaced. Adopted this 21st day of November, 2022 Mayor Carrie T erg in ATTEST: APPROVED AS TO FORM: City Clerk City A~ 1 COMMUNITY DEVELOPMENT BLOCK GRANT 2023 Policy and Procedures Manual Department of Planning and Protective Services Neighborhood Services Division City of Jefferson, Missouri 2 CITY OF JEFFERSON DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES NEIGHBORHOOD SERVICES DIVISION Staff Sonny Sanders, AICP, Director ssanders@jeffersoncitymo.gov Rachel Senzee, Neighborhood Services Supervisor rsenzee@jeffersoncitymo.gov Anne Stratman, Neighborhood Services Specialist astratman@jeffersoncitymo.gov Karlie Reinkemeyer, Neighborhood Services Specialist kreinkemeyer@jeffersoncitymo.gov Dawn Kirchner, Neighborhood Services Specialist dkirchner@jeffersoncitymo.gov Physical Address: John G. Christy Municipal Building 320 E. McCarty Street Jefferson City, MO 65101 Office Hours: 8:00 AM – 5:00 PM Phone: (573) 634-6410 Fax: (573) 634-6457 Website: www.jeffersoncitymo.gov 3 Contents INTRODUCTION .................................................................................................................................................................. 4 CHAPTER 1: CDBG IMPLEMENTATION PROCESS .................................................................................................... 9 STEP 1 – SUBMIT CONSOLIDATED PLAN & DETERMINE PROGRAM DELIVERY ............................................................. 9 Consolidated Plan/Action Plan ............................................................................................................................ 9 Program Delivery Method ................................................................................................................................. 10 STEP 2 - NATIONAL OBJECTIVE ............................................................................................................................... 11 STEP 3 – ELIGIBLE ACTIVITIES ........................................................................................................................ 14 STEP 4 – COMPLY WITH OTHER FEDERAL REQUIREMENTS ..................................................................... 16 Environmental Review ....................................................................................................................................... 16 Documentation of Low-moderate area .............................................................................................................. 16 Fair Housing, Accessibility, and Equal Employment ......................................................................................... 16 Procurement ....................................................................................................................................................... 19 Contract Management ........................................................................................................................................ 21 Labor Standards ................................................................................................................................................. 25 Acquisition and Relocation ................................................................................................................................ 26 STEP 5 - ADDRESS FINANCIAL AND ADMINISTRATIVE REQUIREMENTS ................................................................... 28 A. Administration & Planning ...................................................................................................................... 28 CALCULATING PLANNING AND ADMINISTRATION CAP .......................................................................... 29 B. Timely Distribution of Funds .................................................................................................................... 29 C. Program Income ....................................................................................................................................... 29 D. Uniform Administrative Requirements ..................................................................................................... 30 E. Audit Requirements .................................................................................................................................. 31 F. Citizen Participation................................................................................................................................. 31 G. Record Retention Period .......................................................................................................................... 31 H. Internal Controls ...................................................................................................................................... 32 I. IDIS Draws ............................................................................................................................................... 33 J. Equipment Management and Disposition ................................................................................................. 33 STEP 6 - ENTER RESULTS INTO IDIS ........................................................................................................................ 34 STEP 7 – REPORT AND MONITOR PROGRESS ............................................................................................................ 35 Calendar of Events ............................................................................................................................................. 35 Monitoring of Sub recipients .............................................................................................................................. 36 CHAPTER 2: HOMEOWNER SUPPORT PROGRAMS ................................................................................................ 37 Section 1: Homeowner Support Program .......................................................................................................... 37 Section 2: Down Payment Assistance ................................................................................................................ 46 Section 3: Grant Cancellation ........................................................................................................................... 49 CHAPTER 3: DEMOLITION ............................................................................................................................................. 51 Table 1 Organizational Chart ............................................................................................................................. 52 4 INTRODUCTION The Housing and Community Development Act of 1974 (HCDA), authorized the Department of Housing and Urban Development (HUD) to create the Community Development Block Grant (CDBG) Program. The program seeks to provide decent housing, a suitable living environment, and expand economic opportunities for low and moderate income persons. The City of Jefferson receives a yearly distribution for the CDBG entitlement program. The entitlement programs are for cities in metropolitan areas over 50,000 in population, designated principal cities of metropolitan statistical areas or urban counties with more than 200,000 people. The grant amounts are determined by the higher of two formulas: Data based on overcrowded housing, population and poverty; or Data based on age of housing, population growth lag, and poverty. This policies and procedures manual is intended as guidance for the City of Jefferson’s CDBG program, and is not meant to be a substitute for federal regulations. The federal CDBG program regulations can be found in Title 24 of the Code of Federal Regulations (CFR) Part 570. This manual is effective January 1, 2023 and will remain in effect until updated or replaced. It can be revised to meet changes in federal regulations, actions of the City Council , or to meet administrative needs upon approval. 5 Key Definitions 24 CFR Part 85 (the Common Rule): This rule provides that the grantee shall take affirmative steps to encourage contracting with small minority and female owned business enterprises when possible as sources of supplies, equipment, construction, and services. Action Plan: An annual update to HUD regarding the Consolidated Plan. Consolidated Plan: The Consolidated Plan is prepared by the grantee in accordance with 24 CFR Part 91, and describes needs, resources, priorities and proposed activities to be undertaken with respect to CDBG program. An approved Consolidated Plan is one which has been approved by HUD. Contractors: A contractor is an entity paid with CDBG funds in return for a specific service (e.g., construction). Contractors must be selected through a competitive procurement process based on the City’s procurement standards. Copeland Anti-Kickback Act: Makes it a criminal offense for a person to induce anyone employed in the construction, completion, or repair of any public building, public work, or building, or work financed in whole or in part by loans or grants from the United States, to give up any part of the compensation to which the employee is otherwise entitled. The Act also regulates payroll deductions, specifies methods of paying wages to covered employees, and requires the submission of weekly payrolls in conjunction with statements of compliance by all contractors in a format that meets the requirements of 29 CFR Section 5.5. Davis-Bacon Act: The Act is triggered when construction work over $2,000 is financed in whole or in part with CDBG funds. It requires that workers receive no less than the prevailing wages being paid for similar work in the same area. Draw down: Refers to the process of requesting and receiving CDBG funds. Grantees draw down funds from a line of credit established by HUD, while sub recipients draw down funds from the grantee. Executive Order 11063: This Executive Order provides that no person shall be discriminated against on the basis of race, color, religion, sex, or national origin in housing and related facilities provided with Federal assistance and lending practices with respect to residential property when such practices are connected with loans insured or guaranteed by the Federal government. Executive Order 11246: This Executive Order applies to all federally assisted construction contracts and subcontracts. It provides that no person shall be discriminated against on the basis of race. Executive Order 11259: This Executive Order provides that the administration of all Federal programs and activities relating to housing and urban development be carried out in a manner to further housing opportunities throughout the United States. 6 Grantee: Each entitlement community, or grantee, administers its local CDBG program in accordance with program requirements. Household: All the persons who occupy a housing unit. The occupants may be a single family, one person living alone, two or more families living together, or any groups of related or unrelated persons who share living arrangements. Income: Adjusted gross income as defined by the IRS Form 1040. Limited Clientele: Persons (or groups of persons) who are presumed to be principally LMI, according to HUD. These include: abused children, battered spouses, elderly persons (age 62 and over), adults meeting the Bureau of the Census’ definition of severely disabled, homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. Low and Moderate Income: Low and moderate income (LMI) means family or household annual income less than the Section 8 Low Income Limit, generally 80% of the area median income, as established by HUD. Low-Income Household/Family: A household/family having an income equal to or less than the Section 8 Very Low-Income limit (50% of the area median income) as established by HUD. Moderate-Income Household/Family: A household/family having an income equal to or less than the Section 8 Low Income limit (80% of area median income) established by HUD, but greater than the Section 8 Very Low-Income Limit (50% of area median income) established by HUD. Restoration Act of 1987: This Act restores the broad scope of coverage and clarifies the application of the Civil Rights Act of 1964. It also specifies that an institution which receives Federal financial assistance is prohibited from discriminating on the basis of race, color, national origin, religion, sex, disability, or age in a program or activity which does not directly benefit from such assistance. Section 109 of Title 1 of the Housing and Community Development Act of 1974: This section of Title 1 provides that no person shall be excluded from participation (including employment), denied program benefits, or subject to discrimination on the basis of race, color, national origin, or sex under any program or activity funded in whole or in part under Title I of the Act. Section 3 of the Housing and Urban Development Act of 1968, as amended : Requires the provision of opportunities for training and employment that arise through HUD-financed projects to lower-income residents of the project area, to the greatest extent feasible and consistent with Federal, State and local laws and regulations. Also required is that contracts be awarded to businesses that provide economic opportunities for low- and very low-income persons residing in the area. Amendments to Section 3 in 1992 included requirements for providing these opportunities in contracts for housing rehabilitation, including lead-based paint abatement, and other construction contracts. 7 Section 109 of Title I of the Housing and Community Development Act of 1974: Requires that no person shall be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded with CDBG funds on the basis of race, color, religion, national origin, or sex. Section 504 of the Rehabilitation Act of 1973: It is unlawful to discriminate based on disability in federally assisted programs. This section provides that no otherwise qualified individual shall, solely by reason of his or her disability, be excluded from participation (including employment), denied program benefits, or subjected to discrimination under any program or activity receiving Federal funding assistance. Section 504 also contains design and construction accessibility provisions for multi-family dwellings developed or substantially rehabilitated for first occupancy on or after March 13, 1991. Sub recipient: An entity that assists the grantee to implement and administer its program. Sub recipients are generally nonprofit organizations that assist the recipient to undertake one or more activities on behalf of the grantee, such as a home rehabilitation. Sub recipients are also referred to as sub grantees. The Age Discrimination Act of 1975: This Act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination on the basis of age under any program or activity receiving Federal funding assistance. Effective January 1987, the age cap of 70 was deleted from the laws. Federal law preempts any State law currently in effect on the same topic including: KRS 18A.140; KRS 344.040; 101 KAR 1:350 Paragraph 11; 101 KAR 1:375 Paragraph 2(3); 101 KAR 2:095 Paragraphs 6 and 7. The Americans with Disabilities Act of 1990 (ADA): This Act modifies and expands the Rehabilitation Act of 1973 to prohibit discrimination against “a qualified individual with a disability” in employment and public accommodations. The ADA requires that an individual with a physical or mental impairment who is otherwise qualified to perform the essential functions of a job, with or without reasonable accommodation, be afforded equal employment opportunity in all phases of employment. Kentucky adopted this Act in 1992 with the enrollment and passage of Senate Bill 210. The Equal Employment Opportunity Act: This Act empowers the Equal Employment Opportunity Commission (EEOC) to bring civil action in Federal court against private sector employers after the EEOC has investigated the charge, found “probable cause” of discrimination, and failed to obtain a conciliation agreement acceptable to the EEOC. It also brings Federal, State, and local governments under the Civil Rights Act of 1964. The Fair Housing Amendment Act of 1988: This Act amended the original Fair Housing Act to provide for the protection of families with children and people with disabilities, strengthen punishment for acts of housing discrimination, expand of the Justice Department jurisdiction to bring suit on behalf of victims in Federal district courts, and create an exemption to the provisions barring discrimination on the basis of familial status for those housing developments that qualify as housing for persons age 55 or older. 8 The Housing for Older Persons Act of 1995 (HOPA): Retained the requirement that the housing must have one person who is 55 years of age or older living in at least 80 percent of its occupied units. The Act also retained the requirement that housing facilities publish and follow policies and procedures that demonstrate intent to be housing for persons 55 and older. The Immigration Reform and Control Act (IRCA) of 1986. Under IRCA, employers may hire only persons who may legally work in the U.S., i.e., citizens and nationals of the U.S. and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). The Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978: This manual applies to employee selection procedures in the areas of hiring, retention, promotion, transfer, demotion, dismissal and referral. It is designed to assist employers, labor organizations, employment agencies, licensing and certification boards in complying with the requirements of Federal laws prohibiting discriminatory employment. The Vietnam Era Veterans’ Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002): This Act was passed to ensure equal employment opportunity for qualified disabled veterans and veterans of the Vietnam War. Affirmative action is required in the hiring and promotion of veterans. Title VI of the Civil Rights Act of 1964: This Act provides that no person shall be excluded from participation, denied program benefits, or subject to discrimination based on race, color, and/or national origin under any program or activity receiving Federal financial assistance. Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act): This Act prohibits discrimination in housing on the basis of race, color, religion, sex and/or national origin. This law also requires actions which affirmatively promotes fair housing. 9 CHAPTER 1: CDBG IMPLEMENTATION PROCESS The following provides an overview of the framework in which the City must make decisions concerning activities and/or organizations to fund under the CDBG program. STEP 1 – SUBMIT CONSOLIDATED PLAN & DETERMINE PROGRAM DELIVERY CONSOLIDATED PLAN/ACTION PLAN The process of completing the Consolidated Plan (and annual Action Plans) helps the City to determine what activities to fund in the coming year. The Consolidated Plan is a plan of five years in length, which describes the community needs, resources, priorities, and proposed activities to be undertaken under the CDBG program. Each year, the City must submit an update to HUD, referred to as an Action Plan. The Action Plan describes the specific planned uses for CDBG. The Consolidated Plan includes the following: 1. A description of the entity responsible for overseeing the development of the Consolidated Plan and a description of the process undertaken to develop the plan; 2. A housing and homeless needs assessment; 3. A housing market analysis; 4. A strategic plan; and 5. A one-year Action Plan. •Submit Consolidated Plan & Determine Program Delivery •Select Activities Meeting National Objective •Select Eligible Activities •Comply With Other Federal Requirements •Address Financial And Administrative Requirements •Enter Results Into IDIS •Report & Monitor Progress 10 The following is a timeline of the Consolidated Plan to ensure timeliness and accuracy. • Residential and stakeholder surveys will be sent in February, 2023. • Pre-Public Hearing regarding the development of the Consolidated/Action Plan shall be held sometime in March. • End of May, Public Hearing is held regarding the proposed Consolidated/Action Plan. Copies of the proposed Consolidated/Action Plan will be made available for public review. The 30 day public comment period begins the day after the public hearing is held. • Present the draft plan to the Public Works and Planning Committee and City Council. The Plan shall be approved by Council via Resolution. • The Consolidated/Action Plan is due to HUD August 16, 2023. Since FY 2015, HUD has issued CPD Notices, concerning grantees’ submission of Action Plans for funding under the CDBG, HOME, ESG and HOPWA programs. These notices instructs grantees not to submit their Action Plans or new 3-5 year Consolidated Plans until an appropriations bill has been enacted and HUD has notified grantees of their actual allocation amounts under the four formula programs. HUD field offices have been instructed to disapprove as substantially incomplete any Action Plan that contains estimated grant amounts. PROGRAM DELIVERY METHOD The City (grantee) is responsible for ensuring that CDBG funds are used in accordance with all program requirements. The use of designated public agencies, sub recipients, or contractors does not relieve the grantee of this responsibility. The grantee is also responsible for determining the adequacy of performance under sub recipient agreements and procurement contracts and for taking appropriate action when performance problems arise. Before disbursing funds to any organization that is carrying out CDBG activities on behalf of the grantee as a sub recipient, a written agreement must be executed. CDBG regulations stipulate that certain requirements be included in all written agreements with sub recipients. Written agreements must remain in effect for the length of time that the sub recipient has control over any CDBG funds, including program income. However, it is good practice to update sub recipient agreements annually to ensure the agreements are current with regulations and requirements. This process also allows an opportunity to revisit and clarify problem areas or issues. 11 STEP 2 - NATIONAL OBJECTIVE In order to use HUD funds, the project must meet a National Objective. They are the following. The Low-and Moderate-Income (LMI) national objective is the primary national objective because the statute requires that grantees expend 70% of the CDBG funds to meet the LMI national objective. LMI Calculation Example: Total entitlement grant amount: $300,000 Less actual planning and admin (up to 20%): ($60,000) Equals amount subject to LMI calculation: $240,000 Multiplied by 70 percent: X 0.70 Equals minimum to benefit LMI: $168,000 Amount subject to LMI calculation: $240,000 Less LM I minimum: ($168,000) Equals maximum slum/blight and urgent needs allowable activities: $72,000 National Objective Urgent Threat to Health & Safety Eliminates Slum & Blight 51% LMI 12 A) 51% Low and Moderate Income At least 51% or more of the persons and families benefiting must be low and moderate- income (LMI) for public projects and public facilities and 100% LMI for housing activities. LMI can be determined by HUD census data or by conducting a survey. LMI is generally calculated on an area basis, such as census tracts. 1. A map must accompany the survey area, showing the project area and beneficiaries. If a survey is used to prove LMI, then the survey area and the houses surveyed should be clearly marked on the map. 2. Limited Clientele persons (or groups of persons) are presumed to be principally LMI, according to HUD. These include: abused children, battered spouses, elderly persons (age 62 and over), adults meeting the Bureau of the Census’ definition of severely disabled, homeless persons, illiterate adults, persons living with AIDS, and migrant farm workers. The disability data used for limited clientele are “persons with a mobility or self-care limitation.” This data is broken into persons age 16 to 64 and 65 and older. The data for both age groups must be added together in total. Do not use the data for “persons with a work disability.” 3. In addition, if a project’s activities are limited exclusively to LMI persons (such as a food pantry with income restrictions either equal to or more restrictive than the LMI income limits for that area), the project may meet the LMI national objective through limited clientele. 4. Limited Clientele projects are those that exclusively serve a group defined as limited clientele. If this criterion is met, then no further LMI documentation, either by census or by survey is necessary. If the project is not exclusive or designed for only that group or groups, then LMI eligibility must be proven by another method. B) Elimination of Slums and Blight To prove this HUD national objective, a project must propose one of the two different methods. 1. The first method occurs when a structure is blighted; when it exhibits objectively determinable signs of deterioration sufficient to constitute a threat to health, safety and public welfare. For the City to participate in this activity it must, at a minimum, determine blighted structures by applying existing dangerous building ordinance, building code level of violation or applicable occupancy or habitability designation or code violation in a manner consistent with their ordinance. The ordinance, code violation or designation must be applied to the specific structure, not to the area as a whole. The predominance of blight in an area does not allow blight to be assumed for each structure inside the area. 2. The second method covers area blight, and includes submitting a resolution passed by the governing legislative body declaring the area blighted in accordance with 24 CFR 570. As stated, the definition of the national objective elimination of slum and blight reads as follows. The area meets the conditions of either (a) or (b): 13 a. At least 25% of the properties throughout the area experience one or more of the following conditions: • Physical deterioration of buildings or improvements, • Abandonment of properties • Chronic high occupancy turnover rates or chronic high vacancy rates in commercial or industrial buildings, • Significant declines in property values or abnormally low property values relative to other areas in the community, or • Known or suspected environmental contamination. b. The public improvements throughout the area are in a general state of deterioration. C) Urgent Threat to Health and Safety The use of the urgent need national objective is rare. It is generally used for activities to alleviate emergency conditions. According to “Basically CDBG” Course Training Manual examples include: • Acquisition of property located in a flood plain that was severely damaged by a recent flood; • Public facility improvements like the reconstruction of a publicly-owned hospital that was severely damaged by a tornado; • Demolition of structures that are severely damaged by a major earthquake; Urgent need qualified activities must meet the following criteria: • The existing conditions must pose a serious and immediate threat to the health or welfare of the community; • The existing conditions are of recent origin or recently became urgent (generally, within the past 18 months); • The grantee is unable to finance the activity on its own; and • Other sources of funding are not available. 14 STEP 3 – ELIGIBLE ACTIVITIES Section 105(a) of the Community Development Act and HUD regulations specified the activities that are eligible for CDBG assistance. A general listing of eligible activities is below, and a detailed description is provided in 105(a) of the Act and in 24 CFR 570.482. 1. Property Acquisition 2. Property Disposition 3. Property Clearance/Demolition 4. Architectural Barrier Removal 5. Senior Center 6. Community Facilities 7. Centers for the Handicapped 8. Historic Properties 9. Water Treatment/Storage 10. Sanitary Sewer Collection 11. Storm Sewers 12. Flood and Drainage Facilities 13. Streets (or Roads) 14. Street Accessories 15. Parking Facilities 16. Bridges 17. Sidewalks 18. Pedestrian Malls 19. Recycling or Conversion Facilities 20. Parks and Recreation Facilities 21. Fire Protection/Facility Equipment 22. Solid Waste Disposal Facilities 23. Other Utilities 24. Public Service/Supportive Services 25. Rehabilitation of Private Residential Properties 26. Rehabilitation of Public Residential Properties 27. Payments for Loss of Rental Income 28. Relocation 29. Code Enforcement 30. Energy Use Strategy 31. Non-Federal Share Payment 32. Interim Assistance 33. Planning 34. Commercial or Industrial Facilities 35. Administration 36. Engineering/Design 37. Housing Rehab/Demo Inspection 38. Engineering/Construction Inspection 39. Airports 40. Natural Gas Lines 41. Electrical Distribution Lines 42. Rail Spurs 43. Lighting 44. Other Professional Services 45. Security Fencing 46. Site Preparation 47. Purchase Land/Building 48. Facility Construction Renovation 49. Machinery/Equipment 50. Working Capital 51. Sewage Treatment 52. LDC Homeownership Assistance – up to $15,000 to purchase a new home 53. Legal 54. 911 Emergency Systems 55. Homeowners Assistance- up to $5,000 to purchase an existing DSS home 56. Lead-Based Paint Risk Assessment 57. Asbestos Removal 58. Job Training 59. Home-Ownership Counseling 60. Substantial Reconstruction of Private Residential Properties on Same Lot- Up to $15,000 61. Water Distribution 62. Lead Reduction NOT incidental to Rehab 63. Asbestos Inspection 15 Pursuant to 24 CFR 570.207 Ineligible Activities are as follows: A. Maintenance or operation costs: Any cost that recurs on a regular basis (generally, less than five years) is considered a maintenance or operation cost, therefore is ineligible for CDBG assistance. B. General government expenses. C. Political activities. D. Improvements to city halls and courthouses, except those required to meet the Americans with Disabilities Act. Note: CDBG funds used for ADA projects may only convert existing facilities to accessibility. CDBG funds may not be used to add new facilities. E. Purchase of equipment, except for fire protection, public services, landfills or recreation. F. Income payments, except for loss of rental income due to displacement. G. Application preparation costs or a bonus award for writing a successful application. H. Religious purposes. 16 STEP 4 – COMPLY WITH OTHER FEDERAL REQUIREMENTS ENVIRONMENTAL REVIEW An Environmental Review Record must be completed for each project in order to meet the Environmental Review Requirements set forth at 24 CFR Part 58. All projects will publish appropriate notices (including HUD 8-Step Process), submission of the Request for Release of Funds and Certification and Authority to Use Grant Funds will be issued by HUD prior to commencing with project activities. DOCUMENTATION OF LOW-MODERATE AREA For projects benefitting an area, LMA must be documented by downloading the current year American Community Survey LMI Summary Data from www.hudexchange.info/programs/acs- low-mod-summary-data/acs-low-mod-summary-data-summarized-block-groups/. The file includes a copy of the summary data along with a zoning map with the project area marked. FAIR HOUSING, ACCESSIBILITY, AND EQUAL EMPLOYMENT The City and any sub-recipient(s) must adhere to all the basic tenets of fair housing and equal opportunity regulations. Recipients are prohibited from practicing discrimination on the grounds of race, color, national origin, religion, sex, handicap, or familial status. This prohibition applies to all project contractors or subcontractors. Beneficiary information should be determined and demographic data compiled, with this information made available in the project file for public review. A. Fair Housing As part of HUD’s certification the City is required to complete an analysis of impediments to fair housing choice. Although not part of the consolidated plan, the City must certify that it completed the analysis, is taking appropriate actions to overcome the effects of any impediments identified and maintain records reflecting the analysis and related actions. The most recent Analysis of Impediments was completed in 2018. The following impediments were identified for the City: • Lack of adequate funding allocated for fair housing enforcement and outreach activities. • Lack of fair housing awareness. • Inadequate information and awareness of the city’s housing programs. • Lack of fair housing testing to determine where fair housing discrimination is taking place. • Concentration of affordable rental housing in certain neighborhoods with higher minority and low income populations. • Need for ADA education and the lack of availability of housing for persons with disabilities. • Lack of specific and comprehensive planning efforts around affirmatively furthering fair housing in the City of Jefferson. 17 Actions in addressing the above identified impediments should be implemented through the Consolidated Plan and/or Action plan. B. Handicapped Accessibility The City shall abide by HUD regulations in Section 504, HUD’s implementation of the American with Disability Act (ADA). The City is to conduct a self-evaluation of accessibility to determine their current programs, services, polices, and practices meet the requirements of Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act. C. Equal Employment Opportunities Congress established Section 3 to ensure that the employment and other economic opportunities generated by Federal financial assistance for housing and community development programs shall, to the greatest extent feasible, be directed toward low and very low-income persons, particularly those who are recipients of government assistance for housing. Section 3 applies to training, employment, contracting and other economic opportunities that are in connection with the CDBG funds. Contractors and subcontractors providing a service on projects for which the total amount of federal assistance exceeds $200,000 and the amount of the contract or subcontract exceeds $100,000 are required to comply with Section 3. 18 The following is a detailed listing of laws applicable to the CDBG program. Federal and State Laws and Regulations (included amendments) Fair Housing & Nondiscrimination Accessibility Equal Employment & Contracting Title VI of the Civil Rights Act of 1964 X Title VIII of the Civil Rights Act of 1968 (The Fair Housing Act) X X Restoration Act of 1987 X Section 109 of Title 1 of the Housing and Community Development Act of 1974 X X The Fair Housing Amendment Act of 1988 X The Housing for Older Persons Act of 1995 (HOPA) X The Age Discrimination Act of 1975 X Section 504 of the Rehabilitation Act of 1973 X X X The Americans with Disabilities Act of 1990 (ADA) X X X Executive Order 11063 X Executive Order 11259 X Section 109 of Title I of the Housing and Community Development Act of 1974 X X The Equal Employment Opportunity Act X The Immigration Reform and Control Act (IRCA) of 1986 X The Uniform Guidelines on Employee Selection Procedures adopted by the Equal Employment Opportunity Commission in 1978 X Section 3 of the Housing and Urban Development Act of 1968, as amended X The Vietnam Era Veterans’ Readjustment Act of 1974 (revised Jobs for Veterans Act of 2002) X Executive Order 11246 X 24 CFR Part 85 (the Common Rule): X 19 PROCUREMENT According to the table below, the City procurement policy is stricter than CDBG’s procurement policy. Therefore, City procurement policy will take precedence*. City of Jefferson HUD Requirements HUD Requirement Notes $5,000 or less without competitive bids. See Below $5,000 and not more than $25,000 bids to be in writing, electronic and online sellers acceptable from at least 3 vendors. 3 written quotes should be obtained for all purchases up to $100,000. Award should be made to the lowest responsive and responsible source. Over $25,000 requires advertise for sealed bids allowing 14 days before bids are received and opened. Lowest and best bid submitted by responsible bidder meeting specifications will be recommended for award. Over $100,000 a) Competitive Sealed Bids. Publish one time in widest circulation paper. b) Competitive Proposals for professional services All bids must be opened publically at the time and place stated in the invitation for bids. A firm-fixed price contract award must be made in writing to the responsive bidder whose bid is lowest, most responsible and responsive. All unsuccessful bidders must be notified in writing. Non-competitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and one of the following circumstances applies: 1. Where the item is available only from a single source; 2. Where a public emergency or urgent situation is such that the urgency will not permit a delay beyond the time needed to employ one or the other procurement methods; or 3. Where after solicitation of a number of sources, competition is determined inadequate. When bidding out projects with HUD funds, the city must ensure that the equal opportunity housing symbol is included within the publication. 20 A. Conflict of Interest The CDBG program will follow the City’s Purchasing Policy and Procedures Manual, including the conflict of interest policy. It shall be unethical for any city employee to participate directly or indirectly in a procurement contract where the city employee knows that: • The city employee or any member of the city employee’s immediate family has a financial interest pertaining to the procurement contract; or • Any other person, business, or organization with whom the city employee or any member of a city employee’s immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. A city employee or any member of a cit y employee’s immediate family who holds a financial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest. Note: Personnel Policy 1. Section 20-5 Conflict of Interest No employee of the municipal service shall hold a financial interest in a firm, institution, corporation, or other establishment supplying goods or services to the city. No employee shall be employed in any capacity with a firm, institution, corporation or other establishment supplying goods or services to the city when that capacity means the possession, direct or indirect, of the powers to direct or cause the direction of the management and policies of that organization. No employee shall receive any payment, gifts, favors, or other consideration from any person, firm, institution, corporation, or other establishment supplying goods or services to the city. 2. Section 20-6 Penalties Any employee found guilty of any violation of this section shall be subject to any disciplinary action up to and including dismissal as defined by these rules and such other penalties as may be deemed appropriate and consistent with the laws of the City of Jefferson and the State of Missouri. 21 B. Excluded Parties Prior to making any award (sub grant or contract) the organization must be checked for debarment, suspension or otherwise excluded from participation in Federal assistance programs under Executive Order 12549, “Debarment and Suspension.” Contractor must be cleared through the following links: 1. Secretary of State’s website. Check and see if they are registered to do business in the State. For this website you will have to have to know exactly how they registered their company. https://bsd.sos.mo.gov/BusinessEntity/BESearch.aspx?SearchType=0 2. HUD’s debar website. Click on Limited Denial of Participation list & if nothing shows up for the company they are not debarred with HUD. https://www5.hud.gov/ecpcis/main/ECPCIS_List.jsp 3. State Department of Labor Contractor Department List https://labor.mo.gov/contractor-debarment-list/ 4. System for Award Management (SAM) https://www.sam.gov CONTRACT MANAGEMENT Contract management is a large part of any project’s success. It is important that all parties in a contract are held to the roles and responsibilities for which they are receiving payment. Project delays or problems are often the result of misunderstandings, assumptions of the responsibilities of different parties in a contract, or of parties not performing their work to a standard. To correct these problems, contract language must be clear and must take the management of the contracts seriously as a working role. Before entering into a contract you must ensure that all contracts are written so that they are based on a lump sum or unit price. Please be careful of any hidden or unexpected costs or additional fees that may have been added to the contract. Such fees may include per hour additional fees for surveying, obtaining easements, etc. Often grantees may think these costs are part of the base contract and have not allowed for the additional cost in their budget. A. Contract Content According to 24 CFR 85.36(i) contract provisions, a grantee's and sub grantee’s contracts must contain provisions listed below. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. 1. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate (Contracts more than the simplified acquisition threshold). 2. Termination for cause and for convenience by the grantee or sub grantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000). 3. Compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity", as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). 22 (All construction contracts awarded in excess of $10,000 by grantees and their contractors or sub grantees) 4. Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (All contracts and sub grants for construction or repair) 5. Compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2,000 awarded by grantees and sub grantees when required by Federal grant program legislation). Davis-Bacon does not apply to the rehabilitation of residential structures containing less than eight units or force account labor. 6. Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327A 330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts awarded by grantees and sub grantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) 7. Notice of awarding agency requirements and regulations pertaining to reporting. 8. Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. 9. Awarding agency requirements and regulations pertaining to copyrights and rights in data. 10. Access by the grantee, the sub grantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. 11. Retention of all required records for three years after grantees or sub grantees make final payments and all other pending matters are closed. 12. Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857 (h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and sub grants of amounts in excess of $100,000). 13. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94A 163, 89 Stat. 871). [53 FR 8068, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19642, Apr. 19, 1995] B. Common Rules Regarding Contracting 1. All services, professional, or construction, paid in whole or in part with CDBG funds, require the execution of a formal contract. 2. The use of CDBG dollars, regardless of the amount, for payment of any service under contract in a grant, initiates the contracting requirements described. The total amount of the contract will often indicate the proper documentation to be included in the contract. 23 3. All contracts should contain a clear, concise, and detailed description of the: • scope of work • total cost • duration or life of the contract • compliance requirements • reporting responsibilities • contract content paragraphs listed above 4. If proposals involving architectural/engineering professional services are evaluated with respect to factors other than price, the program participant must be able to document the basis for negotiation of fair and reasonable compensation. C. Acceptable Contract Cost Structures All construction contract fees shall be based upon a lump sum or unit price. All professional service contracts shall be based upon a lump sum or a cost-plus-fixed-fee. Cost plus a percentage of cost and percentage of construction cost methods are prohibited. D. Alternative Deductibles/Alternate Add-Ons In Construction Bidding In an effort to remain flexible in the bidding process for construction activities, the grantee may set in place alternative deductibles or alternate add -ons. These items must be clearly marked as such and, in the event of bids received over budget, may be “deducted” from the scope of the project, or in the event of bids received under budget, may be “added” to the scope of the project. All alternative deductibles/additions must be assigned a number in order of preference to be eliminated/added. Any elimination/additions of these items must follow that numerical guide (e.g., Item #2 may not be deducted/added prior to Item #1). No items may be eliminated/added from a bid process if they were not initially indicated as an alternative deductible or alternate add-on. Alternate deductibles should include, but not be limited to, items the grantee may be able to complete on its own or items that would not have an adverse effect on the project if omitted. E. Addendum Procedure If changes or additions to the bid packet must be made prior to the bid deadline date, an addendum must be executed. The addendum must spell out the change or addition and must be distributed to all interested bidders. This action must not take place later than 72 hours prior to the bid submission deadline. If this time period is not possible, the addendum may be distributed and the deadline may be delayed exactly one week. All bidders obtaining bid documents must be made aware of all addenda in order not to interrupt the procurement procedure. F. Amendment Procedure If, during the life or duration of any formal contract, the parties agree to a change in the design, duration, cost, or any of the terms of the contract, a formal amendment may be executed. For this amendment to be valid and recognized by CDBG, it must be in writing, signed, and attested by both parties and attached to all original contract documents. The grantee may require review by their attorney prior to implementing the process. Any changes or change orders that directly affect the use of CDBG dollars, the scope of the 24 project, or greatly changes the duration of the contract should be reviewed prior to execution. Reports should be prepared and submitted by each contractor whenever it is determined that any change in the design, cost, or duration of the project is necessary. G. Award of Contract Awarding contracts using CDBG funds shall be completed in the same manner as if using local funds. The required process for entering into contracts should be reviewed and used for CDBG projects. H. Federally Debarred Contractors Before signing a contract with a proposed contractor, the grantee must ensure that the contractor is not on the Federal listing of Contractors Unable to Perform Work Under a Federally Sponsored Project at https://www5.hud.gov/ecpcis/main/ECPCIS_List.jsp. Click on Limited Denial of Participation list & if nothing shows up for the company then they are not debarred with HUD. In addition, must check the System for Award Management (SAM) at www.sam.gov. I. Contractors Licensed To Do Business In Missouri All professional service contracts and construction contracts paid for with CDBG funds must use firms/businesses that are licensed to operate in the State of Missouri. No grant funds will be released to pay businesses that do not hold this license. Check https://bsd.sos.mo.gov/BusinessEntity/BESearch.aspx?SearchType=0 and search for the company’s name which has to be exactly how they registered with the State. J. Businesses In Good Standing With The Department of Labor All licensed businesses must be in good standing with the Missouri State Department of Labor office. State debar website https://labor.mo.gov/contractor-debarment-list/ K. Department Of Treasury’s Listing Of Approved Sureties The bonding company used by the contractor to provide payment and performance bonds must be listed with the Department of the Treasury's Listing of Approved Sureties. At the time the contract is awarded check http://www.fiscal.treasury.gov/fsreports/ref/suretyBnd/c570_a-z.htm to ensure that the Missouri is listed for the surety as being licensed in the state. Print off the listing as compliance documentation for the file & ensure the date is included on the copy. L. Internal Control Proper internal control for each contractor may include a contract file that includes the following: • A signed contract and amendments or change orders; • A schedule of payments supported by: – Copies of time sheets or payroll records; – Copies of checks or transfer notifications; and – Copies of invoices; 25 • All project-related correspondence; • Property records (where appropriate); • Any notice of cancellation, termination, or suspension of the contract; • All field inspection reports and employee interviews; and • Other data as required by the recipient to properly administer the contract. M. Engineer/Consultant’s Certificate of Completed Work A copy of the Certificate for Acceptance, and Final Payment, signed by the project engineer/consultant, must be obtained prior to closeout. This certificate must cover all work included in the project (regardless of funding source), including grantee cash and in-kind. The certificate must state that work has been completed in ac cordance with drawings and specifications and is functioning properly with the recommendation for Final Payment. LABOR STANDARDS Construction work that is financed in whole or in part with CDBG funds must adhere to certain Federal labor standards requirements. Additional information can be found at https://www.hudexchange.info/resources/documents/Module3_TrainingSlides.pdf. A. Davis-Bacon Act The Davis-Bacon Act (40 USC, Chapter 3, Section 276a-276a-5; and 29 CFR Parts 1, 3, 5, 6 and 7) is triggered when construction work over $2,000 is financed in whole or in part with CDBG funds. It requires that workers receive no less than the prevailing wa ges being paid for similar work in the same area. Davis-Bacon does not apply to the rehabilitation of residential structures containing less than 8 units or force account labor (construction carried out by employees of the grantee). HUD’s Office of Labor Relations Letter No. LR 2009-01 Davis-Bacon applicability to demolition work states demolition, by itself, is not necessarily considered to be construction, alteration, or repair (i.e. activities to which Davis-Bacon requirements may apply). As a result, Davis-Bacon wage requirements are not typically triggered by demolition work, alone. However, if subsequent construction at the site is planned as part of the same contract or if subsequent construction is contemplated as part of a future construction project, then the demolition work is considered to be part of the overall construction project. In such cases, if the subsequent construction work is subject to Davis-Bacon requirements, then the demolition would likewise be covered by Davis- Bacon requirements. B. Copeland Anti-Kickback Act The Copeland Anti-Kickback Act (40 USC, Chapter 3, Section 276c and 18 USC, Part 1, Chapter 41, Section 874; and 29 CFR Part 3) requires that workers be paid weekly, that deductions workers’ pay be permissible, and that contractors maintain and submit weekly payrolls. 26 C. Contract Work Hours and Safety Standards Act The Contract Work Hours and Safety Standards Act (40 USC, Chapter 5, Sections 326 - 332; and 29 CFR Part 4, 5, 6 and 8; 29 CFR Part 70 to 240) applies to contracts over $100,000 and requires that workers receive overtime compensation ( time and one-half pay) for hours they have worked in excess of 40 hours in one week. Violations under this Act carry a liquidated damages penalty ($10 per day per violation). D. Section 3 of the Housing and Urban Development Act of 1968 Section 3 of the Housing and Urban Development Act of 1968, as amended requires the provision of opportunities for training and employment that arise through HUD-financed projects to lower-income residents of the project area. Also required is that contracts be awarded to businesses that provide economic opportunities for low- and very low-income persons residing in the area. E. Missouri Prevailing Wage Law Missouri's Prevailing Wage Law establishes a minimum wage rate that must be paid to workers on public works construction projects in Missouri for contracts over $75,000, such as bridges, roads, and government buildings. The prevailing wage rate differs by county and for different types of work. The Prevailing Wage Law applies to all public works projects constructed by or on behalf of state and local public bodies. ACQUISITION AND RELOCATION Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (URA) generally applies to projects involving acquisition, rehabilitation or demolition of real property. In some cases, the use of CDBG funds in a project involving demolition or conversion of lower income dwellings may also trigger another Federal law under Section 104 (d) of the Housing and Community Development Act of 1974. HUD issued CPD Notice 14-09 which provided guidance concerning the October 1, 2014 effective date of Moving Ahead for Progress in the 21st Century Act (MAP -21) that changed payment limits and replacement housing payment eligibility criteria in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA). The revised regulations at 49 CFR Part 24 are consistent with MAP-21, which other proposed changes underway. The following changes to the URA become effective on October 1, 2014. Residential Relocation: • Length of occupancy requirement to receive Replacement Housing Payment for homeowner occupants is reduced from 180 days to 90 days [42 U.S.C. 4623(a)(1) and 42 U.S.C. 4624(b)]; • Maximum Replacement Housing Payment for displaced 90-day (formerly 180 day) homeowner-occupant increased from $22,500 to $31,000 [42 U.S.C. 4623(a)(1)]; and 27 • Maximum Replacement Housing Payment for displaced 90 day residential tenant increased from $5,250 to $7,200 [42 U.S.C. 4624(a)]. Nonresidential Relocation: • Maximum Reestablishment Expense Payment increased from $10,000 to $25,000 [42 U.S.C.4622(a)(4)] and • Maximum Fixed Moving Expense Payment increased from $20,000 to $40,000 [42 U.S.C.4622(c)]. 28 STEP 5 - ADDRESS FINANCIAL AND ADMINISTRATIVE REQUIREMENTS A. ADMINISTRATION & PLANNING CDBG funds can be used for administrative and planning activities. Funds under these categories are subject to the 20% statutory limitation. The following are eligible administrative activities: • General management, oversight and coordination o Providing local officials and citizens with information about the CDBG program; o Preparing budgets and schedules; o Preparing reports; o Monitoring program activities • Fair Housing Activities; • Indirect costs; and • Submission of applications for Federal programs. Eligible planning activities are the following: • Comprehensive plans; • Community development plans (i.e. Consolidated Plan); • Functional plans (i.e. land use, economic development, floodplain management, transportation, historic preservation, etc.). • Other plans and studies (i.e. neighborhood plans, capital improvements, individual plans, historic preservation studies, etc.). Any costs and time charged must be documented through the appropriate means such as invoices, receipts, time and attendance records, etc. Documentation shall be kept on file and will be reviewed at financial monitoring. Under this category, CDBG funds may not be used for the following activities: • Engineering, architectural and design costs related to a specific project; or • Other costs of implementing plans. These costs may be eligible as part of an eligible project. 29 CALCULATING PLANNING AND ADMINISTRATION CAP In accordance with 24 CFR 570 planning and administration costs are capped at 20% of the sum of grant plus program income plus reallocated funds. Calculating the cap example: Total grant amount $227,500 Program income & reallocated funds $2,500 Total: the basis for calculating the cap $230,000 Multiplied by 20 percent X 0.20 Maximum dollar level that may be charged $46,000 B. TIMELY DISTRIBUTION OF FUNDS CDBG funds are to be distributed in a timely fashion. Timeliness refers to how quickly funds are able to be committed and expended. It is vital that every effort is made to quickly distribute and use funds. Timeliness is defined as the annual grant being obligated within 15 months of the City signing a grant agreement with HUD. If the City was to award funds to sub grantees, obligation means the date which the City officially announces the selection of its awards to the sub grantee. Obligation could mean the following: • Contract; • Letter; • Press release; • News announcement; and/or • Public Notice. Currently there are no timely regulatory requirements in either the statute or regulations. HUD tracks expenditures through the Line of Credit Control System (LOCCS). Through this system several reports can be created by HUD staff such as the Ratio of Unex pended Funds to Grant, Ratio of Funds Expended in the Last 12 Months to Grant, Expenditure Report and National Chart. C. PROGRAM INCOME Program income is the gross income received by the City of Jefferson which was directly generated from the use of CDBG funds. Program income is treated as additional CDBG funds subject to all requirements. Examples of program income include: • Proceeds from the sale or lease of property purchased or improved with CDBG funds; 30 • Funds collected through special assessments on properties not owned and occupied by LMI households in order to recover the CDBG portion of a public improvement. Program income does not include: • Any income received in a single year by the City and its sub grantees, that does not exceed $35,000; and • Amounts generated and kept by a nonprofit development organization under 105(a)(15). Program income must be disbursed prior to the drawdown of additional funds from IDIS. Therefore program income works on a last in first out scenario. D. UNIFORM ADMINISTRATIVE REQUIREMENTS HUD has adopted 2 CFR 200 as requirements for Federal financial assistance programs by the interim final rule published December 19, 2014 (at 79 Federal Register 75871). The 2 CFR 200 streamlines Federal government’s guidance on administrative requirements, cost principles, and audit requirements to more effectively focus Federal resources on improving performance and outcomes, while ensuring the financial integrity of taxpayer dollars in partnership with non-Federal stakeholders. For additional information on uniform administrative rules for Federal grants and cooperative agreements visit https://files.hudexchange.info/resources/documents/Notice-DC- 2015-01-Transition-to-2-CFR-Part-200-Guidance.pdf. 31 E. AUDIT REQUIREMENTS The City of Jefferson’s fiscal year runs from November 1 through October 31. Each year since 1996 the City has been awarded the prestigious national Certificate of Achievement for Excellence in Financial Reporting. In order to be awarded a Certificate of Achievement, the City must publish an easily readable and efficiently organized CAFR whose contents conform to program standards. The CAFR must satisfy both generally accepted accounting principles and applicable legal requirements. The City currently grants out the CDBG funds to sub-recipients. The City of Jefferson has measures in place to ensure that the sub-recipients are aware of federal expenditure thresholds of $750,000, audit requirements, timeframes, and applicable OMB principals. F. CITIZEN PARTICIPATION The City shall follow its Citizen Participation Plan. Any changes to this plan shall be approved by the City Council. The City shall hold public hearings at least two times per year and encourage public participation during preparation of the Affirmatively Furthering Fair Housing, five-year Consolidated Plan, Annual Action Plan and the Consolidated Annual Performance Evaluation Report (CAPER). G. RECORD RETENTION PERIOD Under the uniform administrative requirements of the CDBG regulations, the City is required to retain CDBG records for a period of not less than four years. The record retention period begins from the date of submission of the CAPER in which the specific activity is reported on for the final time rather than from the date of submission of the final expenditure report for the award. To be consistent with Consolidated Plan regulations, which require that grantees maintain information and records relating to the Plan and the use of funds under the programs covered by the Consolidated Plan, record(s) must be maintained for a period of not less than five years. 32 H. INTERNAL CONTROLS The CDBG program is administered by the Neighborhood Services Division within the Department of Planning and Protective Services. Other individuals and/or departments play a key role in the day to day of the CDBG program such as the City Administrator, City Attorney, Director of the Department of Planning and Protective Services, Purchasing Agent, Chief Accountant, and Property and Housing Inspectors. The Neighborhood Services Supervisor serves as the Director of the Neighborhood Services Division. See Table 1 for Organizational Chart. This position is under the general direction of the Department of Planning and Protective Services Director. The Neighborhood Services Supervisor plans, organizes and oversees the programs, services and operations of the Community Development Block Grant Program. The Neighborhood Services Specialist is under the direct supervision of the Neighborhood Services Supervisor. These person(s) are responsible for obtaining proper documentation for the homeowner support programs, set up and management of the IDIS system and performs a variety of technical tasks relative to assigned area of responsibility. Property Housing and Inspection Supervisor and Housing and Property Inspector(s) assists with identifying code violations for the Emergency Assistance Repair program. During the course of the program, if rehabilitation activities ma y disturb lead based paint the Property Housing and Inspection Supervisor will obtain a sample and complete a test to determine if the sample contains lead based paint. The Property Housing and Inspection Supervisor is EPA Lead Certified. 33 I. IDIS DRAWS IDIS drawdowns will be completed at least quarterly, but most preferably monthly, for expenditure of funds completed the prior month. The following sequence is completed for preparation of a draw from HUD’s IDIS system: 1. Each month the Neighborhood Services Specialist prepares supporting documentation for the CDBG drawdown using Springbrook software. 2. The Neighborhood Services Supervisor and the Director of Planning & Protective Services reviews and approves the drawdown package. 3. The drawdown and supporting documentation is referred to the Finance Department for review and approval. 4. Then the approved/signed reimbursement request form is returned to the department for drawdown completion from Integrated Disbursement and Information System (IDIS). 5. An email is generated to the Chief Accountant, or his/her representative, with a copy of the IDIS Voucher and Drawdown Packet with Signatures as proof of draw completion. 6. The Chief Accountant notifies via email when the IDIS Draw is approved and when funds have been received. 7. Finance Department receives a copy of the IDIS Draw and Voucher(s). J. EQUIPMENT MANAGEMENT AND DISPOSITION The following items are suggested for management and disposition guidelines for equipment purchased with CDBG funds. • Maintain property records which contain: property description, serial number or ID number, funding source (grant number), title holder, acquisition date and cost, percentage of Federal participation in original acquisition cost, location, use and condition or property, disposition date, date or disposal and sales prices. • Take a physical inventory of equipment and reconcile results with property records every two years. • Establish a control system for adequately safeguarding property against loss, damage, and theft. • Establish maintenance procedures for keeping property in good condition. • When selling equipment purchased with CDBG funds, proceeds from sale must be kept as program income. • Establish proper sales procedures to ensure highest possible return. • Must follow HUD disposition instructions when equipment is no longer needed. 34 STEP 6 - ENTER RESULTS INTO IDIS Within IDIS, the Grantee/Participating Jurisdiction Project ID field will be utilized to include our in-house project numbers for each property assisted with CDBG funds. By utilizing the Grantee/Participating Jurisdiction Project ID field the City’s records will be able to correlate, document and associate exactly how CDBG funds were spent. The following is a listing of suggested project funding: • Emergency Assistance Repair Program = YR-ER-01 • Down Payment = YR-DP-01 Program files are kept for each individual applicant. Each file contains a checklist of items required throughout each step of process. The files contain applications, income verifications, Tier II Environmental Review, reports, correspondences, contracts, deeds, etc. As part of the application process voluntary racial and ethnicity information is collected. The information is then entered into IDIS by the time of the completion of the individual project. For additional information regarding IDIS visit https://www.hudexchange.info/programs/idis/. 35 STEP 7 – REPORT AND MONITOR PROGRESS CALENDAR OF EVENTS The following is a copy of events that are due for Program Year 2023. The reports and plans have the same required submission time frame to HUD year after year. January 1 Beginning of Program Year 2023 31 SF – 425 Federal Financial Report Due for October 1 – December 31 February 15 Hold Public Hearing for CAPER PY 2022 (Requires 15-day comment period) TBD Residential and Stakeholder Surveys for 2024-2029 Consolidated Plan March 7 Last day of CAPER comment period 31 Section 3 Annual Report (HUD 60002) Due 31 CAPER due to HUD 31 100% of PY 2022 Funds Obligated April 30 SF – 425 Federal Financial Report Due for January 1 – March 31 May TBD Hold Public Hearing for Action Plan Kick-Off June TBD Hold Public Hearing for 2023 Annual Action Plan (30 Day Comment Period) July TBD Present 2023 Annual Action Plan to Public Works and Planning Committee TBD Last Day for Comment Period for 2023 Annual Action Plan 31 SF – 425 Federal Financial Report Due for April 1 – June 30 August TBD Council Approval by Resolution of Annual Action Plan and 5-year Consolidated Plan 16 Annual Action Plan and 2024-2029 5-year Consolidated Plan due to HUD September 30 Last Day of Reporting Period for MBE/WBE Contracts over $10,000 October 31 SF – 425 Federal Financial Report Due for July 1 – September 30 November TBD December 31 End of Program Year 2023 31 90% of Program Year 2023 Funds Obligated 36 MONITORING OF SUB-RECIPIENTS The Neighborhood Services Division staff shall monitor all sub recipients to ensure program compliance. Staff will utilize both “desk monitoring” and “internal/on-site” monitoring to assess the quality of program performance over the duration of the agreement or contract. Internal/on- site monitoring requires at least a two week written notification to the sub recipient. Monitoring of sub-recipients shall concentrate on program, financial and regulatory performance of the sub recipients. In conducting a monitoring review, program staff will primarily rely on information obtained from the sub recipient’s performance reports, records, audits, allowed costs, review of financial reports, eligibility and number of beneficiaries served, compliance with federal regulations and City program requirements. Staff may also consider relevant information pertaining to a recipient’s performance gained from other sources including litigation, citizen comments and other information provided by or concerning the sub recipient. A sub-recipient’s failure to perform under the terms of the agreement with the City of Jefferson and/or maintain records in the prescribed manner may result in a finding that the sub-recipient has failed to meet the applicable requirement. If the staff finds that a sub-recipient has failed to meet the requirements the following steps will be taken: 1. Issue a letter of warning advising the sub-recipient of the deficiency and putting the sub recipient on notice that additional action will be taken if the deficiency is not corrected or is repeated; 2. Recommend, or request the sub-recipient to submit proposals for corrective actions, including the correction or removal of the causes of the deficiency. If the sub-recipient fails to undertake appropriate corrective or remedial actions which resolve the deficiency to the satisfaction of the program staff, the staff may take one or more of the following actions. Such actions shall be designed to prevent a continuation of the performance deficiency; mitigate, to the fullest extent possible, the adverse effects or consequences of the deficiency; and prevent a recurrence of the deficiency. Prior to a reduction, withdrawal or adjustment of a grant or other appropriate action, taken to pursuant to 1, 2 or 3 below, the recipient shall be notified of such action and given an opportunity within a prescribed time period for an informal consultation. These actions may include but are not limited to: 1. Advise the sub-recipient in writing that additional assurances are required; 2. Advise the sub-recipient to suspend disbursement of funds for the deficient activity; 3. Advise the sub-recipient to reimburse the City of Jefferson program account in any amounts improperly expended. 4. The City of Jefferson shall have the same rights as the Secretary of HUD as to other remedies for noncompliance per 24 CFR 570.912 and 24 CFR 570.913 37 CHAPTER 2: HOMEOWNER SUPPORT PROGRAMS The purpose of the Homeowner Support Program is to assist low-to-moderate income homeowners with repairs to meet health and safety standards; to provide the opportunity to realize measureable energy savings; assist with emergency repairs and/or provide down payment assistance to first time home buyers. Section 1: Homeowner Support Program Emergency Assistance Repairs: The definition of emergency assistance is assistance necessary to safeguard against imminent danger to human life, health or safety. Emergency assistance activities include replacement of water or wastewater laterals, replacement of a non-functioning furnace in the winter and/or replacement of non-functioning air conditioner unit in the summer. Homeowners must live in a single family residence within Jefferson City limits. Maximum assistance is up to $5,000 per home provided in the form of a no interest loan. Loans will be secured by a deed of trust and promissory note. If the owner remains in the property for five years after the improvements are complete, the loan will be forgiven. Any funds left over after completion of identified scope of work is returned to the program. Property Eligibility: • The property must be a single family residence located within the City limits. • The property must be owner-occupied and have clear title. If the property is owned by more than one individual, all owners must sign required legal documents relating to the rehabilitation project, including, but not limited to, the deed of trust and rehabilitation contract, even if they do not reside in the property to be rehabilitated. • The property shall not be located within a designated floodplain area or on land known to be the site of previous dumping of toxic or hazardous wastes. • Property shall be free of code violations that are considered maintenance. • Mobile homes are not eligible. • Property must have active trash service. • Payment of real-estate taxes must be current and not have any delinquent taxes, liens, assessments or other fees due to the City. • For properties constructed before 1978, the City’s approach to Lead Based P aint is to do no harm. Testing may be conducted on surfaces to be disturbed, unless presuming the surfaces contain lead-based paint. Surfaces disturbed during rehabilitation work will be repaired. Safe work practices shall be used on all surfaces. ELIGIBILITY & ASSISTANCE AMOUNTS Assistance is provided on a “first come, first served” basis to eligible applicants, a limited number will be processed as funding permits. Maximum assistance is up to $5,000. If costs exceed this amount, the owner is responsible for the difference. Additional funds up to $500 may be available for lead hazard mitigation and/or if the property is on the National Register or within a Historic District which may require using “like” materials from the time era of the construction. Any funds left over after completion of identified scope of work is returned to the program. 38 1. The applicant households must be at or below 80% of the median family income as defined by HUD to participate in the Homeowner Support Programs at the time their application is processed. 2. The applicant and/or the structure for which the application for the 2023 Emergency Assistance Program is being made cannot previously have received a City of Jefferson Homeowner Support Program loan for owner occupied housing rehabilitation within the past 5 years. The five year period extends from the date a Deed of Trust and Promissory Note is signed to the date of new application. Participation in the Down Payment Assistance program does not exclude the homeowner from the 2023 Emergency Assistance Program. 3. The applicant must sign a deed of trust and promissory note for the loan amount. 4. If at any point during the steps the applicant does not provide required documentation within requested time frames, he/she shall be notified of inactive status by mail or email. 5. Income qualification is good for six months at which time applicant must re-certify. 6. Projects must be complete in one (1) year or the homeowner will have to reapply for the program. 7. Should a project be determined infeasible due to a lack of funding or not meeting the eligibility criteria of any of the Emergency Assistance Program, the City reserves the right to reject the owner’s application. A. Income The income of a household includes the gross annual income of all persons 18 or older in the home who are expected to reside in the dwelling at least six months out of the year. A household is defined as all persons occupying the same housing unit, regardless of their relationship to each other. If there are multiple owners of the property, the applicant is the owner-occupant and his/her family. The annual income of each household is established by projecting income for 12 months from the time applicant’s name is reached on the waiting list and includes all sources of income. Income is determined using the Internal Revenue Service 1040 Adjusted Gross Income regulations. Applicants are asked for proof of each source of income listed on their application. This may be accomplished through signing an authorization for third-party verification, by submitting a copy of their latest tax information, or by other approved methods acceptable to HUD and the City’s Neighborhood Services staff. 39 B. Repayment No repayment of any kind is required as long as the recipient continues to own and occupy the property for 5 years after assistance. In the event that the property receiving assistance is no longer owned or occupied by the recipient within the 5 years, the balance shall be paid in full. C. Eligible Costs Funds are to be used for improvements deemed necessary by Neighborhood Services staff, including, but not limited to, one or more of the following: 1. Work necessary to meet code standards for the City of Jefferson and HUD as determined by the appropriate City Inspector. 2. Building permits and related fees. 3. Addressing lead-based paint hazards identified by a risk assessor. 4. HVAC equipment replacement. 5. Energy efficiency improvements as determined by the appropriate City Inspector. 6. Structural repairs as determined by the appropriate City Inspector. 7. Emergency health and safety projects, i.e. water and wastewater lateral replacement. 8. ADA accessibility. 9. Rebuilding exterior stair. 10. Installation of new water or sewer lateral (emergency only) In determining if a system should be repaired or replaced, staff will determine the age of existing system and compare to the average life expectancy for the system. Life expectancy varies with usage, weather, installation, maintenance and quality of materials. This list should be used only as a general guideline. System YEARS Air Conditioner 7 to 15 Furnace 15 to 25 Note: All materials, fixtures, equipment, or landscaping shall be of a quality customarily used in the neighborhoods for properties of the same general type as the property to be assisted. E. Ineligible Costs Except as otherwise provided, ineligible costs are costs that recurs on a regular basis (generally, less than five years) and is considered a maintenance or operation cost, that is therefore ineligible for CDBG assistance. F. Work Write Up The appropriate City staff such as the Property and Housing Inspector, Plumbing Inspector, etc., will prepare a deficiency list and work write-up in accordance with the City’s Code Standards, to document the work to be assisted with program funds. Code violations that are considered maintenance shall be rectified prior to awarding the bids. Improvements to the 40 property cannot extend beyond the scope as outlined in the City initiated deficiency list and work write-up. G. Change Orders The Neighborhood Services staff, with the consent of the property owner, may approve change orders to the work write-up if the amount of the contract is not increased more than $1,000. Changes in excess of $1,000 must be approved by the Neighborhood Services Supervisor, with the consent of the property owner. All change orders shall be prepared by the Neighborhood Services staff and shall be signed by the property owner, or the designated representative of the property owner, a representative of the City Department of Planning & Protective Services, and the contractor. H. Contractors and Bid Process The Neighborhood Services staff will develop a qualified contractor list containing the names of all contractors meeting the eligibility requirements. Minority and female owned contractors will be encouraged to participate. The contractor list is not an endorsement, but rather a list of interested businesses interested in providing bids and/or work with program participants. In order to qualify for the list, contractors must meet the following requirements: 1. Must fill out the contractor application form. 2. Must carry Worker’s Compensation Insurance for all employees as required by the State of Missouri. 3. Must carry liability insurance at the minimum amount of $100,000 and other insurance as is appropriate for the work being performed. 4. SAM Registration and Unique Entity Identifier (formerly DUNS #): Contractors are encouraged to obtain a Unique Entity Identifier Number and register with the Federal government SAM (System for Award Management) system at https://www.sam.gov/SAM/. 5. Contractor must also have all required Federal, State, and City certifications and licensing for the scope of work being performed. a. If undertaking lead abatement activities, the general contractor must have a current supervisor’s license and abatement contractor’s license from the Missouri Department of Health. b. Either have completed an EPA approved Lead Renovator training or hire an individual or company who is EPA Lead Certified before undertaking any job disturbing lead painted surfaces. c. Asbestos work requires active certification through the Department of Natural Resources. 6. All contractors must be properly licensed by the City. 41 7. Must be able to supply the tools and materials necessary to complete each job. 8. References may be requested for at least three jobs completed. I. Non-Performing Contractors Contractors who consistently exhibit poor workmanship or do not complete contract requirements will be eliminated from the contractor list. Contractors who do not complete their contracts within an allotted time period will not be eligible to submit bids for additional projects until they are in compliance within the appropriate contract time period. Contractors that do not honor the warranty provisions of their contract will be eliminated from the contractor list. J. Contractor Selection 1. Contractors will be asked to submit an itemized bid containing a firm amount for each item on the work write-up for all housing repair programs. Homeowners are responsible for obtaining at least 3 bids within 30 days. City can provide list of contractors who have previously participated in the program. 2. A contractor is limited to three active contracts at a time through the Homeowner Programs. In all cases, the City reserves the right to reject any and all bids and reserves the right to eliminate bid items to meet the maximum loan amounts. 3. Once bids are submitted and obtained, the scope of work is not to be added to in order to make the bid equal $5,000. The scope of work may only be changed if during the course of the project the contractor uncovers additional work that is required for the original scope to be of quality. K. Owner-Contractors Owner-contractor projects are not allowed in the City’s Homeowner programs. L. Time Frames for Contracts The contract period for the Emergency Assistance Repair Program projects shall not exceed 90 days, except as approved by Neighborhood Services Supervisor, and then shall not exceed 180 days without penalty to the contractor. The contract period shall begin when Department of Planning & Protective Services staff provide contractor with the Notice to Proceed. M. Application Processing Step 1 When applications are received the “Application Response Letter” is sent within ten (10) days of receipt to notify confirmation of receipt of application. Create file, assign project number and include copy of correspondence letter. Complete pre-cursory review of verifying ownership of record, floodplain, etc. If the property is in the floodplain, send denial letter. 42 If/when funds are available applicants are contacted within 30 days to schedule an interview appointment to verify income and qualifications. Income guidelines are updated annually. Income limits may be accessed at https://www.huduser.gov/portal/datasets/pdrdatas.html. Each applicant file shall include print out of annual Income Limits Summary. The applicant(s) must provide the following for all adults 18+ years and shall be included in file for compliance: 1. Social Security Card 2. State Identification Card 3. Proof of income - use CPD Income Eligibility Calculator using the IRS Form 1040 definition to determine the applicant’s annual income. • Must provide copy of three most recent paystubs. • Most recent Federal tax returns for all 18+ year olds in household. • If on SS or SSI the determination letter will work. Pension/benefit letters may also be provided. Note: SSA is taxable income and SSI/SSD is not taxable income. • See worksheet for additional incomes that require documentation. 4. If there is an adult 18+ in the household who claims no income, the Certification of Zero Income form must be filled out and signed by the individual. 5. Verify age of home through GIS System County Info for the purposes of determining if Lead Based Paint is a concern. 6. Verify ownership via GIS (copy of Deed of Trust) County info. 7. Verify current trash service with City of Jefferson’s Solid Waste Provider. 8. Applicant(s) must sign and date both Eligibility Review Worksheet and CPD Income Eligibility Calculator forms, copy to file. 9. Have homeowner sign W9 and Agreement Between City and Owner document (2 copies) during the interview process. If application approved, send to legal for signatures, if denied shred contracts. W-9 form (submit signed original W-9 & Vendor Request Form to Department of Finance Purchasing Assistant). 10. For properties constructed prior to 1978, provide applicant copy of the lead based information brochures “Lead Safe Certified Guide To Renovate Right” and “Protect Your Family From Lead In Your Home”. 11. Sign both forms and turn in to Neighborhood Services Supervisor for approval signature. 43 12. Send Approval/Denial letter to applicant. Step 2 Request inspection from appropriate City inspector: Contact applicant to set up a time for the inspector to view the property. Send inspector calendar invite for the date, time, location, list of requested improvements identified in the application, and any other applicable information (i.e. furnace located in crawl space). If code violations are found, continue with Step 3. If no code violations are indicated, send applicant denial letter (copy letter to file) based on findings. Neighborhood Services Specialist shall close file. Step 3 Completion of the Environmental Tier II must be obtained prior to proceeding with the project. Upon receipt of inspection report listing code violations, a Tier II Environmental Report including completing FEMA floodplain map to ensure that property is not located within the 100 year floodplain, Historic Commission Cultural Assessment, SHPO Section 106 Project Information form, and Site Assessment form. Once all compliance documents have been compiled submit Tier II to Neighborhood Services Supervisor for approval. For properties constructed prior to 1978 ensure that results of the Lead Based Paint test(s) are provided to the homeowner. Step 4 1. Using the Inspector’s report, fill out the bid form. 2. Give at least 4 copies of bid to applicant. Applicant must obtain a minimum of 3 bids. Also include lien waivers for subcontractors and suppliers. Must be given to contractor with bid sheet. Contractor shall be secured within 60 days of applicant receiving the bid form or applicant will be placed on “inactive” list. If circumstances exist such as time of year (i.e. winter) additional time shall be allowed. NOTE: Contractors must be licensed by the City of Jefferson and provide a certificate of insurance. If project involves disturbance of lead based paint a Lead Certified contractor must be used. A lead test prior to rehab, lead safe practices and a lead test post rehab are required. 3. Once homeowner submits copies of received bids, type up bid tabulation. 4. Contractor must be cleared through the following websites. Print off documentation and include in file. a. State’s website to check and see if they are registered to do business in the State. For this website you will have to have to know exactly how they registered their company. https://bsd.sos.mo.gov/BusinessEntity/BESearch.aspx?SearchType=0 44 NOTE: Sole proprietor contractors, who use their name for business purposes, appear not to be required to file with the Secretary of State as a business. For situations like this it may be acceptable to proceed if the contractor has a City Business License, working histor y with City (and/or references), and review the Better Business Bureau to determine a history of complaints filed against the contractor. b. HUD’s debar website. Click on Limited Denial of Participation list & if nothing shows up for the company they are not debarred with HUD. https://www5.hud.gov/ecpcis/main/ECPCIS_List.jsp c. Missouri Department of Labor Contractor Debarment List https://labor.mo.gov/contractor-debarment-list/ d. System for Award Management (SAM) https://www.sam.gov/SAM/ 5. Submit bids, tabulation, debarment website information to Neighborhood Services Specialist for award of bid and contract issuance. The Neighborhood Service Specialist will confer with the City inspector to determine if bids are fair and equal. 6. When the contractor has been chosen, the Applicant(s) must come in to sign the following: • Rehabilitation Contract (between homeowner & contractor) • Agreement between the homeowner and the City of Jefferson • Notice to Proceed 7. When work is complete, the appropriate City Inspector will return to site to approve/deny completion. Have homeowner sign Certificate of Completion while on site. When approved, the Inspector will sign the Certificate of Completion and submit to the Neighborhood Services Supervisor for final signature. Prepare the Lien Waiver form. 8. Submit check request. Be sure to have check returned to the Department of Planning and Protective Services. Include: Bid summary, bids, invoice, Certificate of Completion, and Notice to Proceed. Retain a complete record for project files and submit a copy to the Finance Department. 9. Contact applicant when check is received. Must come in to endorse check over to contractor and sign notarized statement acknowledging the same. Have the applicant sign the Deed of Trust and Promissory Note (must be notarized). Once the Promissory Note is signed it is sent upstairs for signatures. 10. Contact contractor when check is endorsed. Must come in to sign Lien Waiver. Must bring lien waiver from subcontractors and suppliers, if any. 45 11. Record Deed of Trust and Promissory Note. When returned, make 3 copies; original to law, copies to file, homeowner, and IDIS files. 12. Close applicant file, update active/close spreadsheet and lien spreadsheet. 13. Neighborhood Services Specialist shall check lien spreadsheet periodically to determine if deed of release is required to be recorded after the completion of the 5-year requirement has been fulfilled. 46 Section 2: Down Payment Assistance First-time homebuyers who agree to acquire and reside in eligible residential properties in Jefferson City limits may apply for down payment assistance prior to closing. Maximum assistance per home is a $5,000 no interest loan. Additional $500 may be available to assist with lead hazard reduction. Anything over $500 will be the responsibility of the buyer or seller. Loans will be secured by a promissory note and deed of trust. If the owner remains in the property for five years the loan will be forgiven. A. Eligibility & Assistance Amounts Assistance is provided on a “first come, first served” basis to eligible applicants, a limited number will be processed as funding permits. Maximum assistance is $5,000. If costs exceed this amount, the owner is responsible for the difference. 1. The applicant household must be at or below 80% of the median family income as defined by HUD to participate in the Homeowner Support Programs at the time their application is processed. 2. The property must be a single-family residence, townhomes or condominiums located within City Limits and not within a designated floodplain area or on land known to be the site of previous dumping of toxic or hazardous wastes. Mobile homes are not eligible. 3. The property must be maintained as an owner-occupied residence. If the property is owned by more than one individual, all owners must sign required legal documents relating to the purchase. 4. The Assistance shall be a $5,000, zero interest loan. An additional grant amount of $500 is also available to offset costs for lead hazard reduction should this become an obstacle to use of home ownership assistance funds. 5. Applicants must be first time homebuyers (an individual and his/her partner/spouse who have not owned a home in the past three years), displaced homemakers, or single parents. A displaced homemaker is defined as an adult who has not worked full time, full year in the labor force for a number of years, but during such years worked primarily to care for his/her home and family, and who is unemployed and experiencing difficulty in obtaining or upgrading employment. 6. The applicant must sign a Promissory Note and Deed of Trust for amount of total assistance. 7. The property to be purchased must be an existing single-family dwelling. The buyer must own and reside in the home as his/her primary residence for a minimum affordability period of 5 years. If the property is sold or rented within the initial 5 year period, the assistance shall be repaid. The buyer must maintain trash service at all times in accordance with City Ordinance. 47 8. The buyer is required to obtain a home inspection from a third party home inspection firm prior to being approved for assistance. The printed report must include, at a minimum, inspection of the structural, mechanical, electrical, and plumbing components of the dwelling and an inspection for the presence of termites. 9. The City’s assistance is to be used only for closing costs and down payment assistance. Earnest money placed by the buyer may be returned at time of closing. 10. Applications must be received 30 days prior to the scheduled closing. 11. Participation in a City-approved pre-purchase homebuyer’s education course must be documented prior to assistance being provided. 12. This program may be used in conjunction with other programs such as Missouri Housing Development Commission’s Homebuyer Programs. CDBG may be placed as 2nd or 3rd lien. 13. The homebuyer shall authorize the City of Jefferson to collect and receive any information needed from the lender or other sources necessary to ensure eligibility and funding amount. Buyers shall authorize the City to be provided the final Closing Disclosure and Warranty Deed immediately after closing. 14. Should a home or applicant be determined infeasible for Down Payment Assistance due to a lack of funding or not meeting the eligibility criteria, the City reserves the right to reject the application. B. Income The income of a household includes the gross annual income of all persons 18 or older in the home who are expected to reside in the dwelling at least six months out of the year. A household is defined as all persons occupying the same housing unit, regardless of their relationship to each other. If there are multiple owners of the property, the applicant is the owner-occupant and his/her family. The annual income of each household is established by projecting income for 12 months from the time applicant’s name is reached on the waiting list and includes all sources of income. Income is determined using the Internal Revenue Service 1040 Adjusted Gross Income regulations. Applicants are asked for proof of each source of income listed on their application. This may be accomplished through signing an authorization for third-party verification, by 48 submitting a copy of their latest tax information, or by other approved methods acceptable to HUD and the City’s Neighborhood Services staff. C. Repayment No repayment of any kind is required as long as the recipient continues to own and occupy the property for 5 years after assistance. In the event that the property receiving assistance is no longer owned or occupied by the recipient within the 5 years, the loan shall be repaid in full. D. Lenders Procedure Families must be approved by a participating lending institution. The lender will be the primary contact with the City of Jefferson and will forward copies of required documents to staff of the Neighborhood Services Division. Lenders must be willing to provide a copy of the Buyer’s preliminary HUD settlement statement at least 10 days prior to closing and provide final HUD settlement statement on the day of closing. E. Property Standards Upon determining that an applicant meets eligibility criteria, a third party inspection of the property must be scheduled by the applicant prior to closing. This inspection report must be submitted for City staff to review prior to closing to determine if the property meets requirements of the City’s Code. Any defects found must be corrected prior to the release of homeownership assistance funds. A re-inspection of the subject property will be completed to ensure compliance with this requirement. Any code compliant issue that the inspector determines poses a significant health and/or safety risk must be corrected. Houses built prior to January 1, 1978, must have an inspection to determine if deteriorated paint exists. Should the amount of deteriorated paint be greater than HUD’s de minimis standards (10 square feet of exterior surface, one square foot of interior surface, or 10% of any building component, i.e. window and door trim), samples will be sent to a lab for analysis. If the paint is determined to contain lead above HUD’s level of concern, paint stabilization of deteriorated surfaces is required before assistance can be provided. A grant of $500 is available to participants for lead paint stabilization work. The stabilization must be completed by an individual or company trained in safe work practices. No assistance will be provided until the house successfully passes a clearance test performed by a certified lead risk assessor. The City will cover the cost of two clearance tests. The cost of subsequent tests will be the responsibility of the buyer or seller. 49 Section 3: Grant Cancellation An approved application may need to be canceled because the applicant has requested cancellation or is unwilling or unable to participate in the Homeowner program, or for other reasons. To cancel an approved application, the Department of Planning & Protective Services shall prepare a letter outlining the reasons for canceling the assistance and distribute the letter to the applicant. A copy of this letter will be maintained in the project file. A. Appeal & Grievance Procedures 1. Applicants who are not in agreement with a decision reached by the Department of Planning & Protective Services staff, may appeal said decision by filing a written appeal to the Housing Rehabilitation Appeals Board (hereinafter called the “Board”), within thirty (30) days of receiving notice of the decision. The Board shall consist of three (3) members: the Director of the Department of Planning and Protective Services, the Director of Public Works and the Director of Finance. Appeals will be reviewed that relate to application approval/denial, Grant cancellation, determination of assistance amount, determination of scope of work, approval of change orders, and selection of contractor. 2. The Board shall hold a hearing after due notice to the appellant within thirty (30) days of filing said notice of appeal. The Board may affirm, reverse or modify the decision and notify the appellant in writing of its decision and the reasons thereof. After the hearing, the Board’s decision shall be the final procedure of the committee. The applicant may appeal the Board’s final decision to the City Administrator. The City Administrator, with the advice of the City Attorney, may reverse or uphold the decision of the Board. 3. Any person denied assistance by Neighborhood Services staff who does not take exception with the findings, but who believes there ar e circumstances which, if known and considered, would establish extreme hardship and justify variance from the eligibility standards established herein may file an appeal with the Neighborhood Services Supervisor by filing within thirty (30) days of receiving notification of the Department of Planning and Protective Services staff decision. The Neighborhood Services Supervisor shall, depending upon the nature of the exception, forward such request to the Director of the Department of Planning an Protective Services whose decision shall be final if the appeal involves an administrative request. Where the change involves a substantial change in a program rule, the request will be forwarded by the Department Director to the City Administrator, as is appropriate. Should the appeal require Council action, the City Administrator shall forward such appeal to the Council for action. The Department of Planning and Protective Services staff shall provide assistance to any person filing an appeal. 50 4. The City will not consider any grievance involving rehabilitation work in cases where: a. Staff assisted program participants with grievances involving rehabilitation work within the 1-year warranty period. Assistance will be in the form of access to information regarding warranty, scope of work, and contractor responsibilities. Contractors that do not honor legitimate warranty claims will be removed from the eligible contractor list b. The certificate of acceptance was signed more than one year before the grievance process is initiated; and the aggrieved party has not documented efforts to have the contractor return to resolve the matter within the one-year guarantee period after the certificate of acceptance was signed. 5. Right to Representation: A person has a right to be represented by legal counsel or other representative in connection with his or her appeal, but solely at the person’s own expense. 6. Right to Files by Persons Making Appeals: The City will permit a person to inspect and copy all materials pertinent to her or his appeal, except materials that are classified as confidential. The City may, however, impose reasonable conditions on the person’s right to inspect which are consistent with applicable laws, such as the cost of copying materials. 7. Scope of Review of Appeal: In deciding an appeal from the Board’s decision, the City Administrator and/or the City Council shall consider all pertinent justification and other material submitted by the person, and all other available information that is needed to ensure a fair and full determination of the appeal. 8. Determination and Notification after Appeal: Within thirty (30) days after the receipt of all information submitted by a person in support of an appeal, the Board shall make a written determination on the appeal, including an explanation of the basis on which the decision was made, and furnish the person a copy. The City official(s) conducting the appeal determination shall not have been directly involved in the action appealed. If the relief requested is not granted, upon additional request, the City shall advise the person of her or his right to seek Department of Housing and Urban Development review of the City’s written determination of the appeal. A person has 45 days after she or he receives the City’s written determination of their appeal to file a review appeal with the Department of Housing and Urban Development. 51 CHAPTER 3: DEMOLITION The City of Jefferson has a City-wide Demolition Program pursuant to 24 CFR 570.201 (d) available to local non-for-profit agencies. The purpose of this program is to eliminate structures posing an imminent threat to the health and safety to neighborhoods. The program addresses any dwelling, building, structure, or property that is unfit for human habitation or for commercial, industrial or business use and not in compliance with applicable codes, has been vacant for one year or more, and/or constitutes an endangerment to the public health or safety as a result of unsanitary or unsafe conditions. Demolition Procedure The demolition program has an initial information gathering phase that must be taken into consideration: • Utility and service location, disconnection and removal; • Environmental concerns – hazardous waste, chemicals, air borne, friable material, EPA regulations, environmental just, etc.; • Historical and archeological concerns; • Federal funding requirements, including Section 104(d), one for one replacement; • Eligible and best use of funds; • For some projects, public notifications and the right of concerned citizens to comment on the proposed activity on the impact the project may have on them or their community. Step-by-Step Procedure 1. Application submission or referral documentation from City Departments. All projects undertaken must have a completed application and project file documentation. 2. Project Review and Applicable Requirements. • Applications received will be reviewed for completeness and/or missing information/documentation. • Rehabilitation Feasibility Analysis is performed to determine whether the structure is or is not feasible to rehabilitate. To meet this criterion, the City will determine if the home can be rehabilitated to the City’s code for up to $30/sq. ft. • All structures must be vacant for a minimum of one year as defined by Section 104(d) of the Housing and Community Development Act. • Future use of the property. The property may be commercial or residential, however, the proposed use of the property must also be considered in determining the terms of the loan, CDBG national objective requirements, and level of environmental review. Generally, where the future use of the property is not known, the spot slum and blight national objective will be used; where a property is to be redeveloped after the demolition, the final use of the property must be consistent with the City’s Consolidated Plan and Neighborhood Plans. • Where the final use of the property is for redevelopment of a building that is non- residential, or is residential and includes the construction of eight or more housing units, HUD determined prevailing wage rates apply to the project. 52 3. Inspection Phase: Upon determination of eligibility and the scope of a project. • The City will initiate an asbestos inspection of the property by a Department of Natural Resources Certified Building Inspector who will issue an asbestos report of the findings. • If asbestos containing materials are found, the City will procure for Department of Natural Resources Certified Asbestos Contractor to mitigate the hazards. 4. Completion of Historic Preservation and Environmental Review. • The City is responsible for conducting a complete historic preservation review. Applicants should be aware that the State Historic Preservation Office will review and can take up to 30 days. • The City is responsible for conducting and preparing an environmental review record. This process may take 90 days or more to complete. 5. Work Write-Up and Procurement of Contractors. • The City will create a work write up or scope of services. The City’s Purchasing Office will publish demolition bid in the News Tribune and/or online. Demolition bids are sealed competitive bids. 6. Agreement for Demolition • City staff prepares the Agreement containing the terms and conditions of the funding assistance. This agreement shall be between the City and property owner and shall include the conditions of the closing and loan documents, and a timeline for completion. • Non-Profits must execute a sub-recipient agreement. • Notice to proceed is provided to contractor/owner. 7. Construction Inspection Completion and Draw of Funds • City staff inspects the completed work. Issues Certificate of Completion. • Contractor provides support documentation to City staff for draw of funds including but not limited to: invoices, lien waivers, and disposal tickets. • Deed of Trust is filed for amount of assistance, if applicable. FT FT FT FT FT FT FT FT FT FT FT FT FT FT FT FT FT FT PT FT FT FT FT FT PT PT SIGN INSPECTOR DENIS LENGER MECHANICAL INSPECTION DAN VANDE VOORDE ADMINSTRATION PLANNER II KATRINA WILLIAMS PLANNER I KOURTNEY BLISS CUSTOMER SERVICE REPRESENTATIVE JORDAN LENOX PLANNING MANAGER ERIC BARRON ADMINISTRATIVE TECHNICIAN KIMM BLAND INSPECTOR LORAN PRENGER INSPECTOR KATHERINE ONEAL PLANNER I VACANT PLANNER I VACANT HEALTH DIVISION PROPERTY/HOUSING INSPECTOR I T.J. PETERSON BUILDING INSPECTOR BRIAN ALLENNEIGHBORHOOD SERVICES SPECIALIST II ANNE STRATMAN ELECTRICAL INSPECTOR I BILL LUEBBERT NEIGHBORHOOD SERVICES SPECIALIST II KARLIE REINKEMEYER PLUMBING INSPECTOR RICK HUNT DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES ADMINISTRATIVE ASSISTANT LISA DITTMER DEPARTMENT DIRECTOR SONNY SANDERS, AICP PT PROPERTY/HOUSING INSPECTOR BOB CYNOVA PROPERTY/HOUSING INSPECTOR I CLINT BISHOP PROPERTY MAINTENANCE DIVISION PROPERTY/HOUSING INSPECTOR SUPERVISOR DAVID HELMICK NEIGHBORHOOD SERVICES SUPERVISOR RACHEL SENZEE ENVIRONMENTAL HEALTH MANAGER DAVID GRELLNER BUILDING OFFICIAL MATT KREYLING PLANNING/MPO DIVISIONNEIGHBORHOOD SERVICES DIVISION BUILDING DIVISION NEIGHBORHOOD SERVICES SPECIALIST I DAWN KIRCHNER PUBLIC HEARING/RESOLUTION SUMMARY RESOLUTION NO: RS2022-38 SPONSOR: Councilmember Lester SUBJECT: Special Exception Use Permit to Operate an Asphalt Oil Terminal with Outdoor Operations and Storage for Property Addressed as 2619 North Shamrock Road . (Planning and Zoning Commission Case No. P22013) DATE INTRODUCED: PUBLIC HEARING: November 21, 2022 December 5, 2022 Staff Recommendation: Approve. Summary: Standard resolution approving a special exc eption use permit. Origin of Request: Property Owners through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Eric Barron Background Information : The subject property is zoned M-1 Light Industrial. Asphalt oil terminal with outdoor storage and operations are a special exception use in the M-1 zoning district; thus requiring obtainment of a Special Exception Use Permit. The terminal would co mprise of storage tanks which would have oil and related materials delivered to them by rail or tanker truck. The oil and other items would be pumped into tanker trucks for transfer to off-site area asphalt batch plants . The terminal would coordinate operations with a proposed transload facility to be owned by Cole County . Please refer to Planning and Commission Case Packet P2201 3 documents for more info rmat ion . Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for a special exception use permit at their meeting of November 10, 2022. The motion to approve PASSED on a vote of 8 in favor and 0 against. Public Notice: Standard public notice procedures were followed in advance of the Planning and Zoni ng Commission and City Council meeting s. This includes : (1) publication of the public notice or agenda in the Jefferson City News Tribune 15 days in advance of the hearing on the case ; (2) notific ation by letter to adjoining and affected property owners within 185 feet, and other interested parties ; and (3) posting of a sign on the property announcing the date and time of the hearing on the case 10 to 15 days in advance of the hearing . Public Comment Received No correspondence was rece ived from the public. Fiscal Information: $650 .00 in application fees were received . Planning & Zoning Commission Recommendation: Approve . RESOLUTION RS 2022-38 Sponsor: Councilmember Lester A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI APPROVING A SPECIAL EXCEPTION USE PERMIT TO OPERATE AN ASPHALT OIL TERMINAL WITH OUTDOOR OPERATIONS AND STORAGE FOR PROPERTY ADDRESSED AS 2619 NORTH SHAMROCK ROAD WHEREAS, Capital Land Investment, LLC, owners of the real estate hereinafter described, submitted an application for a Special Exception Use Permit to operate an Asphalt Oil Terminal with Outdoor Operations and Storage in a M-1 Light Industrial Zoning District for property described as follows: Part of U.S Private Survey No. 2906 and part of the North Half of the Southwest Quarter of Section 24, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From a stone marking the southeast corner of the West Half of the Southwest Quarter of said Section 24; thence N0°13’07’’E, along the Quarter Quarter Section Line, 929.05 to the southeasterly corner of the property described in Book 729, page 497, Cole County Recorder’s Office; thence along the boundary of said property described Book 729, page 497 the following courses: S77°21’18’’W,1366.00 feet to a point on the easterly right-of-way line of Shamrock Road; thence N1°11’59’’E, along the easterly right-of-way line of Shamrock Road, 1093.58 feet; thence leaving the boundary of said property described in Book 729, page 497, N87°58’16’’ E, 1093.23 feet; thence N7°48’31’’E, 589.46 feet; thence N87°58’16’’E, 278.06 feet; thence S74°34’42’’E, 808.96 feet; thence southeasterly on a curve to the left having a radius of 2056.52 feet, an arc distance of 314.72 feet (Ch=S78°57’45’’E 314.41 feet); thence S83°20’48’’E, 123.58 feet to a point on the boundary of the property described in Book 704, page 387, Cole County Recorder’s Office; thence along the boundary of said property described in Book 704, page 387 the following courses: N°0’03’’32 W, 60.41 feet to a point on the southerly right-of-way line of Stertzer Road; thence along the southerly right-of-way line of Stertzer Road the following courses: N83°20’48’’W, 116.52 feet; thence northwesterly on a curve to the right having a radius of 1996.52 f eet, an arc distance of 305.54 feet (Ch=N78°57’45’’W, 305.24 feet); thence N74° 34’42’’W, 480.00 feet; thence northwesterly on a curve to the right having a radius of 696.89 feet, an arc distance of 312.90 feet (Ch= N61°42’56’’W, 310.28 feet); thence N48°51’10’’W, 153.51 feet to the POINT OF BEGINNING for this description; thence leaving the boundary of said property described in Book 704, page 387 and the southerly right-of-way line of Stertzer Road, S87°58’16’’ W, 1382.93 feet to a point on the westerly boundary of said property described in Book 704, page 387 and the easterly right-of-way line of Shamrock Road; thence along the boundary of said property described in Book 704, page 387 the following courses: N0°07’46’’W, along the easterly right-of-way line of Shamrock Road, 230.66 feet; thence N13°01’23’’E, 87.90 feet; thence N9°09’16’’W, 85.44 feet to a point on the easterly right-of -way line of Shamrock Road; thence along the easterly right-of-way line of Shamrock Road the following courses: northeasterly on a curve to the right having a radius of 542.96 feet, an arc distance of 31.04 feet (Ch=N1 0°26 '56 "E 31 .03 feet); thence N12 °05 '11 "E, 42.25 feet; thence northwesterly on a curve to the left having radius of 536 .32 feet , an arc distance of 100.16 feet (Ch=N6 °44 '1 O"E , 100 .02 feet); thence N1 °23'08"E, 111 .33 feet to a point on the southerly right-of-way line of Stertzer Road ; thence leaving the easterly right-of-way line of Shamrock Road and along the southerly right-of-way line of Stertzer Road the following courses : northeasterly on a curve to the right having a radius of 54 .52 feet , an arc distance of 85 .28 feet (Ch=N46 °11 '49 "E, 76 .85 feet); thence southeasterly on a curve to the right having a radius of 660 .00 feet , an arc distance of 231 .99 feet (Ch=S78 °55 '20 "E, 230.79 feet); thence S68 °51 '1 O"E, 491 .31 feet ; thence southeasterly on a curve to the right having a radius of 810 .70 feet , an arc distance of 282 .99 feet (Ch=S58 °51 '10"E, 281 .55 feet); thence S48 °51'1 O"E, 486.49 to the POINT OF BEGINNING . Containing14 .83 acres . WHEREAS , it appears that the procedures set forth in the zoning code have been complied with , as said property owners submitted to the Planning and Zoning Commission and City Council an application for a Special Exception Use Permit for the above referenced property. NOW THEREFORE , BE IT RESOLVED by the Council of the City of Jefferson , Missouri, as follows : SECTION .1. The Special Exception Use Permit application for an Asphalt Oil Terminal with Outdoor Operations and Storage, on file as Case No . P22013 in the Jefferson City Planning and Zoning Division , is hereby approved for the site described above. Adopted this 51h day of December, 2022 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk City/ rney Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION November 10, 2022 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Gregory Butler Bunnie Trickey Cotten Emily Fretwell Shanon Hawk Blake Markus Treaka Young, Alternate Hank Vogt, Alternate Jacob Robinett, Alternate COMMISSION MEMBERS ABSENT COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner Lisa Dittmer, Administrative Assistant 5:15p.m. Sonny Sanders, Director of Planning & Protective Services A TIENDANCE RECORD 5 of 5 5 of 5 2 of 5 5 of 5 4 of5 5 of 5 4 of 5 5 of 5 5 of 5 3 of 5 Guests: Curtis Neuenswander, Eric Burkett, Paul Samson, Heath Garvin, Luke Holtschneider, Eric Landwehr, and Jamie Reed. Case No. P22013 -2619 North Shamrock Road, Special Exception Use Permit. Request filed by Capital Land Investment, LLC, property owner, for a Special Exception Use Permit to permit operation of an asphalt oil terminal with outdoor operations and storage within the M-1 Light Industrial zoning district. The property is located at the southeast corner of the intersection of North Shamrock Road and Stertzer Road and is described as Part of U.S Private Survey No. 2906 and part of the North Half of the Southwest Quarter of Section 24, Township 44 North, Range 11 West, in the City of Jefferson, Missouri. (Central Missouri Professional Services, Consultant) Ms. Bliss stated the applicant is requesting a special exception use permit to operate an asphalt oil terminal within the M-1 Light Industrial zoning district. Paul Samson with Central Missouri Professional Services, representing property owner Capital Materials, presented the case. The north part of the property will be an asphalt oil terminal that will be owned and operated by Capital Materials. Asphalt oil will be brought in on rail cars transferred into above ground storage tanks on site and offloaded onto over the road trucks to be taken to various asphalt plants across the state. The transload facility will be located on the south part of the property and will be owned and operated by Cole County. The transload facility will utilize an extension of the rail spur that will bring various commodities on rail and give businesses that are not located along a rail spur access to ship and receive goods via rail. Cole county has obtained two grants to help fund the railroad spur extension. Ms. Bliss stated that staff recommends approval of the proposed Special Exception Use Permit. Ms. Cotten moved and Ms. Hawk seconded a motion to recommend approval of the requested Special Exception Use Permit for an asphalt oil terminal with outdoor operations and storage within the M-1 Light Industrial zoning district. The motion passed 8-0 with the following votes: Aye: Butler, Cotten, Fretwell, Hawk, Markus, Quigg, Young, and Vogt. Nay: None. Jefferson City Planning & Zoning Commission November 10, 2022 Case No. P22013 2619 North Shamrock Road Capital Land Investment, LLC Special Exception Use Permit City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P22013 2619 N. Shamrock Rd . Special Exception Use Permit 0 312.5 625 1,250 Feet ·--=::::~--=:::::.--- Cicy of Jefferson Planning and Zoning Commission I VICINITY Case No. P22013 2619 N. Shamrock Rd . Special Exception Use Permit PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION November 10, 2022 Case No. P22013-2619 North Sbamrock Road, Special Exception Use Permit. Request filed by Capital Land Investment, LLC, property owner, for a Special Exception Use Permit to permit operation of an asphalt oil terminal with outdoor operations and storage within the M-1 Light Industrial zoning district. The property is located at the southeast comer of the intersection of North Shamrock Road and Stertzer Road and is described as Part of U.S Private Survey No. 2906 and part of the North Half of the Southwest Quarter of Section 24, Township 44 North, Range 1 I West, in the City of Jefferson, Missouri. (Central Missouri Professional Services, Consultant) ---------------------------------------------------------------------------------------------------------------------- Nature of Request This request was filed by the property owner for a Special Exception Use Permit to permit operation of an asphalt oil terminal with outdoor operations and storage within the M-1 Light Industrial zoning district. The site of the project is I 4.83 acres. While not a part of the Special Exception Use Permit request, a Cole County owned trans load facility is proposed to be located adjacent to the proposed privately owned asphalt oil terminal and these two proposed projects plan to coordinate with one another. The site plan has indicated that oil and other related items will arrive on site in bulk via either rail car or tanker truck and will be pumped into above ground storage tanks, some as large as 90' in diameter and 40' tall. Then materials will be pumped via a closed system from the storage tanks into tanker trucks which would deliver the items to off-site area asphalt batch plants. The other project, a Cole County owned transload facility, would consist of rail car storage and truck access to delivered materials. A rail line extension from the existing spur would serve the two sites. Several components have been shown on the site plan to illustrate site information. For example, the site plan details where -mitigation like buffering and stormwater management will be located. It shows where and what drives and utilities will be situated. Structures including a few offices, a boiler building, and warehouse are listed in the plan notes. In order to host an asphalt oil terminal with outdoor operations and storage use on the subject property, a Special Exception Use Permit is needed. A Special Exception Use Permit is required because industrial truck terminal uses are special exception uses in the M-1 zoning district in Section 35-28 of the Zoning Code. With respect to the Zoning Code, Special Exception Use Permit requests go through a particular review process. Review Process for Special Exception Permits In accordance with Section 35-70 and Section 35-73, Special Exception Use Permits go through a public hearing process before both the City of Jefferson Planning and Zoning Commission and City Council with the Planning and Zoning Commission being the recommending body and the City Council being the decision making body. Further details pertaining to processing of such exception permits are outlined in Section 35-73, which states that the focus of Special Exception Use Permits is for," ... uses which generally are compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration, and require the imposition of conditions to ensure the appropriateness of the use at a particular location". This same section details 7 review criteria including a variety of considerations such as impact on surrounding property and traffic levels as well as consistency with documents like the zoning ordinance and comprehensive plan. Zoning and Surrounding Land Use Current Zoning: M-1 Light Industrial Proposed Use: Asphalt Oil Terminal with outdoor operations and storage Surrounding Zoning Surrounding Uses North M-1 Wholesale, Distribution, Publishing/Printing Facility South M-1 Undeveloped East M-1 Agriculture West M-1 Solid Waste Disposal, Highway Patrol Office Staff Analysis Site Design: The site plan details many elements to be on the property as a part of the asphalt oil terminal including befferyard, storage tanks, product pumping systems, utilities, driveway connection, and stormwater control. Negative Impacts to surrounding property owners are suggested to be mitigated through site design features. Adjacent soudt of the terminal will be a Cole County owned transload facility. These two projects are planned to work in conjunction with each other in operation and site design. Thus, the site plan shows features of both projects. Buffeayard: 100' natural buffer proposed for Stertzer Road frontage. The site plan notes suggest that no existing trees will be cleared in this buffer area. Parking: Demand for parking is anticipated to be low for the proposed uses of the site. The site plan does not indicate parking spaces. Riparian Corridor and Stream Setback: A 25' Riparian Corridor is proposed to be situated along the unnamed jurisdictional stream in the site's southwest corner. No clearing is proposed to occur within this corridor. A 35' stream setback is proposed to be situated beyond the Riparian Corridor setback in the site's southwest corner. No structures are proposed to be built within this corridor. Driveway: Two paved drives are proposed, with one to be maintained privately and the other maintained by Cole County. Aggregate drives within the site are proposed site as well. Traffic: Both existing roadways and proposed driveways seem to have the capacity to reasonably withstand traffic increase due to the proposed uses. Negative traffic impacts upon the area do not appear to be substantial. Storm Water: An extended detention storm water basin is proposed to be located to the west of the site adjacent to North Shamrock Road. The basin would mitigate stormwater impacts. Utilities: Utility extensions are proposed per the site plan including one for a sewer main line and a water main line. Three fire hydrants are proposed on the site plan under note #IS. Lighting: No specific lighting is listed on the site plan but any lighting installed on site must comply with all applicable City Code requirements. Signage: No specific signage is proposed at this time. Any signage proposed later must comply with all applicable City Code requirements. Reguired Findings In accordance with Section35~73. 0.4, listed in the chart below are the 7 required findings for review of the requested Special Exception Use Permit. Review Criteria Is consistent with the purpose and intent of the zoning ordinance Yes No X Is consistent with the comprehensive plan X Shall not substantially and permanently injure X the appropriate use of neighboring property Shall serve public convenience and welfare X Shall not over burden the municipal services X Shall not cause traffic, parking, population X density or environmental problems Shall not adversely affect the health, safety and X welfare of the community Notes The proposal would, by location to other compatible uses and lying within a reasonable zoning district, follow the purpose and intent of the zoning ordinance. Continuation of compliance with the zoning ordinance and all other applicable requirements, regulations, and etc. is necessary for all components of the Special Exception Use Permit request. The comprehensive plan calls out this area as intended for industrial use. The development proposal aligns with this land use recommendation. Noise, runoff, appearance, and etc. of the use will need to conform to all applicable codes/regulations. The use seems that to it would not substantially impact surrounding properties. The site plan notes show some mitigation and compliance measures such as buffer yard, riparian corridor, and stream setback. Many industrial uses of varying intensities exist in the area. This requested use should be compatible with the area's overall character and industrial related operations. Impacts to surrounding property owners are proposed to be mitigated through site design elements. This proposal appears as though it would improve economic strength in area due increased connectivity and heightened efficiency for companies within the area. The proposed use and site design do not appear as though it would overburden municipality services. Water and sewer line extensions in addition to other utilities are shown on the site plan. Mitigation of proposed uses include a 100' natural buffer along Stertzer Road frontage and an extended detention storm water basin on the west side of the site. The use is located in an area with other industrial uses and does not abut residential land uses. Adverse impacts upon surrounding property owners are proposed to be addressed through various site deign items. Staff Recommendation Staff Recommends approval of the proposed Special Exception Use Permit. The use should be compatible and beneficial for the general area. Impacts upon surrounding property owners are proposed to be mitigated through site design elements. Form of Motion Motion to recommend approval of the requested Special Exception Use Permit for an asphalt oil terminal with outdoor operations and storage within the M-1 Light Industrial zoning district. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 icplannlnq@feffcltymo.org www.jeffersoncltymo.gov APPLICATION FOR SPECIAL EXCEPTION USE The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following Special Exception: Special Exception Use Application Fee: Residentia l = $500 Commercial = $650 Proposed Land Use: Asphalt Oil Terminal (Exhibit 35-28 4.8.3) (include Reference Number from Land Use Matrix; site plan must be attached) Property Location/Address: North Shamrock Road, South of Stertzer Road Legal Description : (as follows or is attached)_S_e_e_A_t_ta_c_h_e_d _________________ _ Current Zoning District: _M_-1 ___ _ Does project involve a change in zoning district? l!!J No DYes, proposed zoning--------- If yes, a separate rezoning application is required The undersigned hereby stale they are the owners of the real estate described above or in the attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION , AND ALL SIGNATURES MUST BE NOTARIZED. IFADDITIONALSIGNATURESARE ED D LEASEATTACHSEPARATESHEETS. Elliott E. Farmer, Jr. Capital Land Investment, LLC ~ Property Owner#1 Name (type or print) Property OwnertJ2 Name (type or print) Addre ss of Property Owner #2 Phone Number(s):._5.;_;7_3_-6.:...3.;....;5.;....;-2.:...2;.;...5;...;:5 _________________________ _ Applicant Information (if different from property owner) Name: ------------------ Address:---------------Phone Number(s): -------------- For City Use Only: (Revised July 1, 2018) Application Filing Fee: Residential = $300 + $200 ad vertisi ng fe e Commercial = $450 + $200 advertising fee Payment Re ce ived : _Cash (Re ceipt # ____ .J _Check (Copy; check# _____ _, Attachments: _Site plan _Applicant Information Sheet __ Subdivision Plat __ Other docum entation _Pro ject Description Narrative __ location Map Individuals should contact tile ADA Coordinator at (573) 634-6570 to request accommodations or allernalive formats as required under /h e Americans with Disabilities Act. Please allow three business days to process the request. · Page 1 of 4 TRACT A PROPERTY BOUNDARY DESCRIPTION Part of U.S. Private Survey No. 2906 and part of the North Half of the Southwest Quarter of Section 24, Township 44 North, Range 11 West, in the City of Jefferson, Cole County, Missouri, more particularly described as follows: From a stone marking the southeast comer of the West Half of the Southwest Quarter of said Section 24; thence N0°13'07"E, along the Quarter Quarter Section Line, 929.05 feet to the southeasterly comer of the property described in Book 729, page 497, Cole County Recorder's Office; thence along the boundary of said property described in Book 729, page 497 the following courses: S77°21'18"W, 1366.00 feet to to a point on the easterly right-of-way line of Shamrock Road; thence N 1 °11'59"E, along the easterly right-of- way line of Shamrock Road, 1 093.58 feet; thence leaving the boundary of said property described in Book 729. page 497, N87°58'16"E, 1093.23 feet; thence N7°48"31"E, 589.46 feet; thence N87°58'16"E, 278.06 feet; thence S74°34'42"E, 808.96 feet; thence southeasterly on a curve to the left having a radius of 2056.52 feet an arc distance of 314.72 feet (Ch=S78°57'45"E 314.41 feet); thence S83°20'48"E, 123.58 feet to a point on the boundary of the property described In Book 704, page 387, Cole County Recorder's Office; thence along the boundary of said property described in Book 704, page 387 the following courses: N0°03"32'W, 60.41 feet to a point on the southerly right-of-way line of Stertzer Road; thence along the southerly right-of-way line of Stertzer Road the following courses: N83°20'48'W, 116.52 feet, thence northwesterly on a curve to the right having a radius of 1996.52 feet, an arc distance of 305.54 feet (Ch=N78°57'45"W, 305.24 feet); thence N74°34'42"W, 480.00 feet; thence northwesterly on a curve to the right having a radius of696.89 feet, an arc distance of 312.90 feet (Ch=N61°42'56"W, 310.28 feet); thence N48°51'10"W, 153.51 feet to the POINT OF BEGINNING for this description; thence leaving the boundary of said property described in Book 704, page 387 and the southerly right-of-way line of Stertzer Road, S87°58'16"W, 1382.93 feet to a point on the westerly boundary of said property described in Book 704, page 387 and the easterly right-of-way line of Shamrock Road; thence along the boundary of said property described in Book 704, page 387 the following courses: N0°07'46'W, along the easterly right-of-way line of Shamrock Road, 230.66 feet; thence N13°01'23"E, 87.90 feet; thence N9°09'16W, 85.44 feet to a point on the easterly right-of-way line of Shamrock Road; thence along the easterly right- of-way line of Shamrock Road the following courses: northeasterly on a curve to the right having a radius of 542.96 feet, an arc distance of 31.04 feet (Ch=N10°26'56"E 31.03 feet); thence N12°05'11"E, 42.25 feet; thence northwesterly on a curve to the left having a radius of 536.32 feet, an arc distance of 100.16 feet (Ch=N6°44'10"E, 100.02 feet); thence N1°23'08"E, 111.33 feet to a point on the southerly right-of- way line of Stertzer Road; thence leaving the easterly right-of-way line of Shamrock Road and along the southerly right-of-way line of Stertzer Road the following courses: northeasterly on a curve to the right having a radius of 54.52 feet, an arc distance of 85.28 feet (Ch=N46°11'49"E, 76.85 feet); thence southeasterly on a curve to the right having a radius of660.00 feet, an arc distance of231.99 feet (Ch=S78°55'20"E, 230.79 feet; thence S68°51'10"E, 491.31 feet; thence southeasterly on a curve to the right having a radius of 810.70 feet, an arc distance of 282.99 feet (Ch=S58°51'10"E, 281.55 feet); thence S48°51'10"E, 486.49 feet to the POINT OF BEGINNING. Containing 14.83 acres. JEffERSON CITY ....-u ASPHALT OIL SPECIAL EXCEPTION PERMIT CAPITAL MATERIALS IIORlH SIIM!ROCK ROAD JEFFERSON CrTY, COLE COUNTY, MISSOURI -i-~ I~ r • ' . 8 i g ;:J -!:j § Ccnlml Missouri Professiona l Services, Inc. ENCU.'U!JUNC -:>Ulrli:'(I~C -IUTtJU4W n~"llNC 2!)()0 K. UeCARTY (),1)) IJt ·~ m~::=~~•••~ ~~~~= -....~c.rwu..,.,.,..~. .. ,_ ......... ....... .... ,, .... ~ .. , o.-r •••l ,:~~ ,, l, ----'• j I!D I!D SPECIAL EXCEPTION USE PERMIT SI TE PLAN PROPOSED ASPHALT OIL TERMINAL l\orlh Shamrock Road Jcrrenon Clly, ~10 Ar ea= 14.63 acres ZO:SED : M-1 .. ......... LAcb • eo n:tT ... (Gft~~-ht1.) SP fC'AI r"XCCfM'l pc;:-P I A'r! NOTfS• ~.::-.:~~s:.:~.v;".:%.~ ~ tMI I'II«U .......... tt •.:lk C'l ;...,, &. tl'!t 6:0. .,_ ...,....-,.,., .. .,./., ... ...,~.~~··:.•• ,...,... .......... .,._'", ............. ....,..,. '" .... 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McCarty St. Jefferson City, MO 65101 October 24, 2022 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, AICP, Di rector Phone: 573-634-6410 Fax: 573-634-6457 T his letter is to notify you that the Jefferson City Planning and Zoning Comm ission will meet at 5:15 p.m . on Thursday, November 10, 2022 , to consider the following matters (see map on back): Case No. P22013 -2619 North Shamrock Road, Special Exception Use Permit. Request filed by Capital Land Investment, LLC , property owne r , for a Special Exception Use Permit to permit operation of an asphalt oil terminal with outdoor operations and storage within the M-1 Light Industrial zoning district. Th e property is located at the southeast corner of the intersection of North Shamrock Road and Stertzer Road and is described as Part of U.S Pri vate Survey No. 2906 and part of the North Half of the Southwest Quarter of Section 24, Township 44 North, Range 11 West, in the City of Je fferson, Missouri. (Cent ra l Missouri Professional Services , Consultant) As a nearby landowner and/or neighbor, you are being provided notice of this hearing . Unfortunately, we are unable to record comments received by telephone , however, written comments may be directed to the Plann ing and Zoning Commission in one of the following ways: e-mail : JCPianning@jefferso ncitym o.gov fa x: Dept. of Planning and Protective Services I Planning Di vis ion 573-634-6457 mail : Dept. of Plann ing and Protective Services I Planning Di vision John G. Christy Municipal Building , 320 E. McCarty Street Jefferson City, MO 6510 1 Written comments rece ived on or before 1:00 p.m. on the day of the meeting will be made a part of the official re cord and copied and distributed to Commission members at the meeting. Those unable to provide written comments in ad va nce are invited to deli ver their comments to the Commission Chairman only at the meeting . Correspondence received after 1:00 p .m. will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on December 05, 2022 . The City Council meets at 6:00 p.m . in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: https ://w ww .jeffersoncitymo.qov/gove rnmen Up lanning /planning and zoning commiss ion .php If you have any questions concerning th is matter, please contact 573 .634 .6573. Kortney Bliss Planner 1 Individuals s hould contact the ADA Coordinator at (573) 634-6570 to request accommodations o r alternati ve rorm ats as requi red under the Americans with Disabilities Act. Please allow three business d ays to process the request. Please call (573) 634 -6410 with ques ti ons regarding agenda items. Case No. P22013 2619 N. Shamrock Rd. Special Exception Use Permit J 185 ft. Notification Buffer 0 280 560 1.120 1.680 2.240 ------Feet I Jefferson City Planning and Zoning Commission Property Owner list Case P22013 2619 North Shamrock Road 10/18/2022 CAPITAL LAND INVESTMENT L L C 221 BOLIVAR ST JEFFERSON CITY, MO 65101 2619 N SHAMROCK RD MO 65101 DAVIS, DON MICHAEL 2720 MILITIA DR JEFFERSON CITY, MO 65101 7010 ALGOA RD MO 65101 HAGENHOFF, JACQUELIN ANN; KNAEBEL, EDWARD JAMES; KNAEBEL, CYNTHIA LOUISE; KRESL, KATHLEEN ROSE 5901 ALGOA RD JEFFERSON CITY, MO 65101 N SHAMROCK RD MO 65101 J C CHAMBER 21ST CENTURY LAND INVESTMENT LL C S/B/M PARTNNERSHIPS 2020 213 ADAMSST JEFFERSON CITY, MO 65101 STERTZER RD MO 65101 JEFFERSON CITY LANDFILLLL C REPUBLIC SERVICE PROPERTY TAX DEPT 5605 MOREAU RIVER ACCESS Jefferson City MO 65101 , 5605 MOREAU RIVER ACCESS MO 65101 MO HWY & TRANSPORTATION COMM STATE HIGHWAY PATROL PO BOX718 JEFFERSON CITY, MO 65102 2920 N SHAMROCK RD MO 65101 MOORE, DICK D INC 6009 STERTZER RD JEFFERSON CITY, MO 65101 6009 STERTZER RD MO 65101 SCHOLASTIC INC Heath Garvin 2931 E MCCARTY ST JEFFERSON CITY, MO 65101 6325 STERTZER RD MO 65101