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Home My Public Portal About2023-03-06 AMENDED packetAMENDED NOTICE OF MEETING AND CITY COUNCIL AGENDAi MONDAY, MARCH 6, 2023 – 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=m18897572da5049e4c573b5e1ee274f8d CALL-IN PARTICIPATION AVAILABLE AT: 1-404-397-1516 MEETING NUMBER: 2498 271 6420 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. “Project of the Year” Award from American Public Works Association (APWA) and “Honor” Award for Engineering Excellence from ACEC for the Bicentennial Bridge Project b. American Public Works Association (APWA) Awards Presented to Local Engineers Britt Smith, Eric Landwehr and Steve Schultz (Bob Gilbert) c. Britt Smith’s United Way Recognition (Mayor Tergin) d. Recognize Mayor Tergin for Receiving the “Public Official Achievement Award” from Missouri Park and Recreation Association (Amy Schroeder) 5. PUBLIC HEARINGS a. Pending Bill on Informal Calendar: Continued Public Hearing from 2/20/2023 City Council Meeting: Approving a PUD Plan Amendment for Property Located at 311 Bolivar Street i. Associated Pending Bill 2022-105 (Lester) Staff: Eric Barron 6. APPOINTMENTS BY THE MAYOR AMENDED City Council Agenda – March 6, 2023 ✓ = Request to suspend rules 2 7. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS a. April 4th Ballot Proposition Kids FIRST Campaign Kick-off (Joni Henderson, Committee Tri-Chair) – Invited by Mayor Tergin, Councilmember Spencer, and Councilmember Kemna b. JC Parks Cultural Arts Master Plan Progress Update from Consultant, Keen Independent (Amy Schroeder) c. Financial Update (Shiela Pearre) 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 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: February 20, 2023 b. Declaring Certain City-Owned Property as Surplus with the Disposition by Trade-in and Approve Spending the Trade Amount for the Purchase of New JCPD Equipment c. Authorizing $52,675 Contract Change Order # 4 with Aplex, Inc. to Replace Street Surface on Mulberry St. as Part of the East Capitol Sewer Replacement Project 12. BILLS INTRODUCED a. 2022-108 Authorizing a Grant Agreement with MoDOT for the City to Utilize a Federal Transit Administration Section 5304 Statewide Planning Funds in the Amount of $25,000 (Fitzwater) Staff: Katrina Williams b. 2022-109 Accepting the Evergreen Solutions Compensation Study, Adopting the Compensation Recommendations and Salary Adjustments, and Approving Necessary Budget Adjustments/Supplemental Appropriations (Hensley) Staff: Steve Crowell c. 2022-110 ARPA Realignment (Hensley) Staff: Shiela Pearre d. 2022-111 Authorizing Additions to City Code Chapter 31 – Stormwater/Floodplain Management by Adding Section 31-280, Private Stormwater Conversion Program, and Modifications to Appendix Y to Include the Same (Fitzwater) Staff: Matt Morasch AMENDED City Council Agenda – March 6, 2023 ✓ = Request to suspend rules 3 13. BILLS PENDING a. 2022-107 Amending the 2022-2023 Budget by Appropriating $50,237.73 Additional Funds within the Police Department, Utilizing Insurance Claims to Cover the Cost of Police Vehicles and Equipment (Schreiber) Staff: Eric Wilde 14. INFORMAL CALENDAR a. 2022-105 Taken Up Under 5(a.) b. 2022-106 Approving a Final Subdivision Plat of TC3C Subdivision located in the 1000 Block of Marshall Street and 600 Block of Roland Street (Lester) Staff: Eric Barron 15. RESOLUTIONS a. RS2022-44 Approving the Organizational and Staffing Optimization Review RFP (Spencer) Staff: Steve Crowell b. RS2022-45 Adopting a Resolution of Intent Regarding Unilever Manufacturing (US), Inc.’s Proposed Industrial Development Project Under Chapter 100 (Fitzwater) Staff: Ryan Moehlman c. RS2022-46 Authorizing the City Administrator to Execute an Environmental Assessment for the Cole County EMS Project Subject to the City Administrator’s Review and Approval (Fitzwater) Staff: Ryan Moehlman 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 FEBRUARY 20, 2023 CLOSED SESSION MINUTES 20. CLOSED SESSION a. Pursuant to Sec. 610.021 of the Revised Statutes of Missouri, the Chair will entertain a motion to go into Closed Session to discuss the following: i. Attorney Client Privilege [Sec. 610.021(1)] ii. Real Estate [Sec. 610.021(2)] 21. UNFINISHED BUSINESS 22. 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, MARCH 6, 2023 5:45 P.M. AGENDA 1. Discussion of March 6, 2023 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. PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-1 05 SPONSOR: Councilmember Lester SUBJECT: Approval of a PUD Plan Amendment for Property Located at 311 Bolivar Street. to Change the Number and Orientation of Parking Spaces Adjacent to Wall Way. (Planning and Zoning Commission Case No . P23003) DATE INTRODUCED: PUBLIC HEARING: Staff Recommendation: City Staff have a neg ive recommendation on this proposal. Summary: Standard ordinance approving a PUD Plan Amendment. Origin of Request: Property owner, through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS/Eric Barron Background Information : The property consists of 0 .38 acres of property zoned as PUD , Planned Unit Development. A Preliminary PUD Plan to construct a 2 ,500 sf 2 story building for a coffee shop , roastery and short term rental was approved by the City Council on October 19 , 2020. The approved PUD plan outlines the site design with main parking lot accessed from Bolivar Street and smaller parking area accessed via driveway from the alley on the northern side of the property . The proposed amendment would change the parking area a long the alley to "head in " parking off of the alley , with a total of 8 spaces adjacent to the alley. Please see the attached case packet for more information. Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for PUD Plan Amendment at their meeting of January 12 , 2023 . The motion to recommend approval of the proposed PUD Plan Amendment to the City Council FAILED on a vote of 3 in favor and 4 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 (3) posting of a sign at the property announcing the date and time of the hearing 10 to 15 days in advance of the hearing. Public Comment Received: Jane Schaeperkoetter, 320 Nishodse Bluff, spoke in favor of the request. Mrs. Schaeperkoetter spoke on the parking impact with respect to the subject site and nearby Fire Station 1. Fiscal Information: $700.00 in application fees were received. Planning & Zoning Commission Recommendation: Negative Recommendation BILL NO. 2022-105 SPONSORED BY Councilmember Lester ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 311 BOLIVAR STREET. WHEREAS, Capital Opportunity Fund, LLC , owner of the real estate hereinafter described having submitted a PUD Plan Amendment of said real estate described as follows; The northerly part of lnlot No. 424 in the City of Jefferson, Missouri , more particularly described as follows: Beginning on the westerly line of said In lot 10 feet northerly of the southwesterly corner of said lnlot, thence northerly with the westerly line of said lnlot 188 feet 9 inches to the northwesterly corner thereof, thence easterly with the northerly line of said In lot 104 feet, 4.5 inches to the northeasterly corner of said lnlot, thence southerly along the easterly line of said lnlot 138 feet, 9 inches, thence in a westerly direction along and with the northerly line of the ra ilroad land to the place of beginning. Containing 0 .38 acres, more or less ; and WHEAEAS, it appears that the procedures set forth in the Zoning Code relating to amendments to Planned Unit Development plans have in all matters been complied with, as said property owner submitted to the Planning and Zoning Commission and City Council an Amended PUD Plan for the above referenced property. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE C ITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The PUD Plan Amendment, on file as Case No . P23003 in the Jefferson City Planning Division , is hereby approved for the land referenced above. Section .f. Conditions of the Preliminary PUD Plan approval, conta ined in Council Ordinance 16083, shall remain in effect. Section ~. This ordinance sha ll be in full force and effect from and after its passage and approval. Passed : Approved : _______ _ Presiding Officer ATTEST: City Clerk Mayor Carrie Tergin APPROVED AS TO FORM: City ~~ Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Gregory Butler Emily Fretwell Hank Vogt Treaka Young Jacob Robinett Sara Michael, Alternate COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. Sonny Sanders, Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Jason Turner, Division Chief JCFD ATTENDANCE RECORD 7 of7 7 of7 4 of7 6 of7 7 of7 6 of7 5 of7 1 of 1 6 of7 6 of7 0 of2 1 of 2 Guests: Paul Samson with Central Missouri Professional Services, Council Members Laura Ward and Scott Spencer, Timothy A Joseph, Jeff and Jane Schaeperkoetter, Jacob Brooke, Lois Hogan, Teresa Tolksdorf, Joe Scheppers, Jay and Kim Fischer, and Carolyn McDowell. Case No. P23003 -309 & 311 Bolivar Street, Amendment to PUD Plan. Request filed by Capital Opportunity Fund LLC, property owner, to amend the approved PUD Planned Unit Development plan to change the number and orientation of parking spaces located on the north side of the property adjacent to West Wall Way. The property is located on the northeast corner of the intersection of West McCarty Street and Bolivar Street and is described as the northerly part of lnlot No. 424, in the City of Jefferson, Cole County, Missouri. Mr. Barron stated the applicant is requesting an amendment to a PUD plan for the business Three Story Coffee. The proposed amendment for this plan deals with a portion of the parking lot located adjacent to the alley. Fire station one is located to the north of this property across the alley. The basis of the staff recommendation on this case is fire department concerns about impact on emergency services. Mr. Turner spoke on behalf of the Jefferson City Fire Department. Initially, when this request came in, the fire department was in favor of no parking due to assets and resources that are at fire station one that are needed access to quickly in the event of an emergency. After discussion with the property owner and developer, the fire department agreed on two parking spots in the area. Mr. Turner shared information from previous e- mails between city staff and Jeff Schaeperkoetter when Mr. Schaeperkoetter stated "we will make every reasonable effort to reduce the impact on the fire department's operational requirements" (9/4/2020 e-mail). The fire department wants to reduce the risk of what it will do to the fire station to get their resources in and out of the facility. Mr. Turner advised there was no prior discussion of going from two to eight parking spaces. Mr. Robinett asked for clarification with Mr. Turner about four parking spaces. Mr. Turner advised the initial agreement was two parking spots total, four parking spaces (two spaces on east, two spaces on west) were agreed upon and approved administratively in July 2021. Property owner Jeff Schaeperkoetter, with Capital Opportunity Fund LLC, presented the case. Mr. Schaeperkoetter stated that he believes the fire department has the ability to create their own egress out of their building. There are currently four parking spaces that were approved by the city, but Mr. Schaeperkoetter believes there is room for eight parking spaces. Mr. Schaeperkoetter advised the fire department received $30,000 a year in lease payments for the communications tower on the property. Mr. Schaeperkoetter suggested the fire department should use that money to build their own access and stop depriving the property owner the right to use a public way that adjoins their property. Co-owner Jane Schaeperkoetter, resident at 320 Nishodse Bluff, also spoke regarding the request. Ms. Schaeperkoetter advised there are currently four spaces that have been striped with a concrete abutment coming out as laid out in the plans. Everything has been done by the plan that was set up, with parking parallel to the building. The fire department does have signs up on their property, but has not done anything more to the alley way to show that is it a fire lane. Ms. Schaeperkoetter advised she has not seen one time where there has been a problem with vehicles exiting at the same exact time as a vehicle from the fire station. Ms. Schaeperkoetter believes anyone parked there would stop and let the fire department go thru and would not pull out in front of a fire vehicle. Ms. Schaeperkoetter advised they would like eight spaces instead of the current four because staff currently park on the street, which takes up other parking spots for people that want to come in and have a cup of coffee. Ms. Schaeperkoetter stated she does not believe any reasonable person will get in the way of a boat or any other vehicle coming out of the fire station. Mr. Schaeperkoetter answered questions from commission members regarding business hours, a possible future Air B&B in the upper level, and parking available in the area. Mr. Schaeperkoetter stated Mayor Tergin advised she asked the engineering department to engineer an exit on city property so the fire department wouldn't have to use W. Wall Way. The mayor indicated to Mr. Schaeperkoetter that it would cost too much. With respect to the signage recommended during the last P&Z action on this request, Mr. Schaeperkoetter stated he feels it should be the employer's decision and not the city's decision on how they manage parking off the alley. Mr. Turner advised there are two water craft boats that are housed in fire station one that are pulled by a three-quarter or one-ton truck. The station also houses the central air that fills the bottles that firefighters wear on their backs for firefighter operations; large apparatus routinely pull to the back to fill up central air lines. The concern is about increased traffic in the area. Mr. Turner advised previous discussions specified both sides would put up fire lane signage, the fire department has put their signs up, but the developer and owner has not put signage up yet on his property. Mr. Turner advised the $30,000 received from the communications tower goes to the general fund, not the fire department directly. In response to Ms. Fretwell's question, Mr. Turner advised the city did look at and review an alternative route, but Mr. Turner did not have any further information on this. Mr. Barron advised the staff report and staff recommendation is contained in the packet and the basis of the staff recommendation is the fire department concerns that have been expressed this evening. Ms. Fretwell moved and Mr. Vogt seconded a motion to recommend approval to the City Council of the proposed PUD Plan Amendment. The motion failed 3-4 with the following votes: Aye: Fretwell, Vogt, and Michael. Nay: Butler, Quigg, Robinett, and Young. Jefferson City Planning & Zoning Commission January 12, 2023 Case No. P23003 309 & 311 Bolivar Street Capital Opportunity Fund, LLC Major PUD Plan Amendment Ca.se Packet Contents 1. Vicinity and Location Maps 2. Application 3. Staff Report 4. Council Ordinance Approving Original PUD Plan (Oct. 2020) 5. Final PUD Site Development Plan (July 2021) 6. Original Preliminary PUD Application Packet (Aug. 2020) 7. Summary of Time line and Correspondence 8. Correspondence/Timeline Packet (41 pages) 9. Surrounding Property Owner Notification • City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P23003 309 & 311 Bolivar Street Major PUD Plan Amendment C-3 0 35 70 140 Feel -=-=::J-- City of Jefferson Planning and Zoning Commission VICINITY Case No. P23003 309 & 311 Bolivar Street Major PUD Plan Amendment 220 Feet City of Jeffenon Depattment of Planning & Prorective Services 320 E McCatty Street REC EI VED JeffeBon City, 110 65101 Phone: 573-634-UfO JCP/anni ng(ci)j effcrsoncit vmo.g ov www.jeflersoncitymo..gov OEC 1 ? 20 22 APPLICATION FOR PLANNED UNIT DEVELOPIIIENTI(P PUmn::!,';;'~~~,,c.F< 0Concept PUD Plan 0 Amendment to Final 0 Plan D Preliminary PUO Plan D Amendment to Ftnal PUO Plan for Signage D Final PUO Plan PUD Project Name: Case No. P20007 Street Address: 309/311 Bolivar St. , Jefferson City, MO 65101 Legal Description: (as follows or is attached) _..A..l<tw.t...,a~c...,bLLeSL.Iooold~------------------ 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 aa pages and attachments. b) Site Plan and/or Development Plan , as applicable. c) Preliminary or Final Subdivision Plat or Oecraration of Condominium Association , as applicable; d) Draft of Ccvenants, Conditions and Restrictions, as applicable; e) Traffic Impact analysis, if required by Section 35-60; . f) Slgnage Plan, including type, locations and dimensions of all proposed signs; g) LandScaping and Screening Pfan; h) Ughting Plan, induding pole heights, type of fixtures or luminaries, and foot CSildles: i) Project Phasing Plan (if applicable} j) Application Filing Fee = $500 + $200 advertising fee + $20 per acre + $250 rezoning fee (if applicable) (Revised July 1, 2018) Application Information: PropertyOwner. Capital Opportunity Fund, LLC Address 320 Nishodse Blf. Jefferson City. MO 65101 Phone Number(s): 573 301 7514 Applicant Name (if different from owner):------------------------- Address~~~~------------------------------~---Phone Number(s): ______________________________ _ Consultant Name: _________________________________ _ Address:_~~~-----------------------------------------Phone Number(s}: ___________________________________ _ urately represents this pr.oposed~roiect k tt Jet! W. Schaeper oe er Managing Member Printed Name/Title Consultant Signature Printed Name/Title F'";;r Staff u!! '511;: 5Ap~}ics7I~~ ~flilk F~ R~1~ived , 5 f =''Amount._· "' _____ '_'' 1 ' 12/12/2022 Date Date Att9Chments: Nan-ativeO Sits PlanO AppffcantJProjecl fnformatlcn SheeQ Wote other lnfotmafir:Jn wlJmilted on back page Individuals should contact the ADA Coordinator at (573) 634-o570 to request accommodations or altemalive bmats as. requited under th e Americans with DJsabftltles Act Please a!Jow three b!ISiness days to process the request. Page 1 of7 Legal Description of Property Ca.se No. P20007 309/311 Bolivar St. EXHIBIT The follo,ving parcel of land, lying~ being and situate in Cole County, Missouri: The northerly part of Inlot No. 424 in the City of Jefferson, Missouri: and particularly described as follo\vs: Beginning on the westerly line of said Inlot 10 feet nonherly of the southwesterly comer of said inlot~ thence northerly with the westerly line of said inlot 188 feet 9 inches to the northwesterly comer thereof: thence easterly \\rith the northerly line of said inlot 104 feet 4-112 inches to the northeasterly comer of said inlot: thence southerly along the easterly line of said inlot 138 feet 9 inches: thence in a westerly direction along and with the northerly line of the railroad land to the place ofbeginning. Amendment Narrative (Case No. P20007) 309/311 Bolivar St. The proposal is to amend the Final PUD Plan approved by the City by changing the number of parking spaces and orientation of parking in the parking area north of the building. between the building and W. Wall Way. a public alley. The Final Plan for this area is depicted on the attached Exhibit A. As shown. it provides for four parking spaces. two each at both the eastern and western edges of the parking area. Exhibit B depicts the parking area as It is proposed to be if the Amendment is approved. The proposed amendment would provide for 8 parking spaces in the same area, all to be pull-in parking from W. Wall Way. One handicapped space with an adjacent area for accessibility is Included In both the approved and proposed parking area. Discussion The parking area proposed was included In a Site Plan for the property. and discussed at a pre-submission meeting between the owner and city staff. At that meeting, staff Indicated that it would not recommend straight-in parking for approval by Planning and Zoning and the City Council, and staff now indicates that this change can only be approved through the major amendment process by the Planning and Zoning Commission and City Council. The following policy suggestions are for the Citts consideration as it processes this application: 1. The Owner's desire to optimize off-street parking will lessen the need for on-street parking in the area. The City's prior experience with parking issues in developed and developing areas shourd cause the City to encourage off-street parking. serving the business's needs and minimizing the impact on the neighborhood. 2. The Owner should have full and unfettered use of the West Wall Way access. It is a pubftc way. and Ordinance No. 16083 already contains significant protections for the City against improper usage of the alleyway. 3. The Owner has previously raised this issue with the City and met with City staff at the site. and the only concerns expressed by staff. in denying the change, related to restrictions on emergency vehicles and access to the tower site at Fire Station 1. Owner believes the City has the ability, and perhaps the legal obligation, to provide for its emergency needs without limiting the public's use of a public way. It appears that the City has adequate space on its own property to provide for its access needs without limiting another property owner on its use of the public way. The Owner believes that the proposed change will not significantly impact the City or the public's use of W. Wall Way, and will improve traffic in the area by Increasing on-site parking and reducing the need for use of on-street parking. Page3 Exhibit A Final Site Plan Case No. P20007 309/311 Bolivar St. Ql~~~-,,_ QJ_..., ... 01 ___ ............ 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I ...-.... .......... :=::g:;: .. ...ur• -....su-e ~~ ra · IV'Il' { ·Exhibit B Proposed Amendment 309i311 Bolivar St. Case No. P20007 !: : d~ [ ~ i ~ : 1: I t; I )ijill, __ , • • I '"I• I : i _, ___ r-t ;@ ~t' ·-----------..--=---w· -~. ~~--=o.r~=w-~..,...._ •• ="'"~·.,.-<-=-=--~~~:c-=·=-----:·i _b.J.H ~~-; • U .· · t 0 • -:-y ~ ..... .,-_ .. ,.__ !Ji T : Jli'.. : 'I :I :J' ~ E ' : = di · !·'"·l~~ -I • ~ : PROPOSED BUILDING OAKBROOK PROPERTIES, UC I I CITY STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12,2023 Case No. P23003-309 & 311 Bolivar Street, Amendment to PUD Plan. Request filed by Capital Opportunity Fund LLC, property owner, to amend the approved PUD Planned Unit Development plan to change the number and orientation of parking spaces located on the north side of the property adjacent to West Wall Way. The property is located on the northeast comer of the intersection of West McCarty Street and Bolivar Street and is described as the northerly part of Inlot No. 424, in the City of Jefferson, Cole County, Missouri. Nature ofReguest The development of the property was approved via the PUD Plan approval process. The building on the property is a two-story building, with the lower level consisting of a coffee shop and roastery and upper level including a one-unit short term rental/apartment. The property owner is requesting an amendment to the approved PUD Plan with respect to the number and orientation of parking spaces adjacent to the alley. The Final PUD plan shows 4 parking spaces accessed via a short driveway with access to the alley. The proposed amendment shows 8 head in parking spaces accessed from the alley. City Staff have determined that the requested amendment does not qualify as a Minor PUD amendment, and directed the property owner to the Major PUD Plan amendment process. History and Sequence of Development Approvals The Preliminary PUD Plan for the development was heard by the Planning and Zoning Commission on September 16, 2020, and subsequently approved by the City Council on October 19, 2020. Specific concerns by Fire Department staff regarding the arrangement of parking and access to the ally were discussed with the applicant/property owner prior to the Planning and Zoning Commission meeting and again prior to City Council meeting. Specific comments by the Fire Department included a need for a physical barrier (such as a curbed island) and fire lane striping along the alley. The approving City Council ordinance included specific requirements with respect to the access and use of the alley that were negotiated between Fire Department/Law Department staff and the property owner and inserted as an amendment to the Council Bill. The Preliminary PUD Site Plan included a small parking area with driveway access off of the alley and space for two vehicles (one regular and one handicap space). The Final PUD Development plan for the property was administratively approved by City Staff in July of 2021. The Final PUD Plan included a change in the number of parking spaces at the rear of the building, increasing the number of parking spaces from 2 to 4, which was negotiated between the property owner and Fire Department staff and deemed approvable within the Final PUD Plan administrative approval process. Curbing to separate the parking lot from the alley was shown to be installed on one half of the parking lot (the portion closer to Bolivar Street) and not installed on the other half (where a stripped loading zone area for a handicap parking space would serve as the separating barrier along the alley). The approved curbing was planned by Fire Administration to be visually marked as a fire lane to further restrict parallel parking in the alley and eliminate conflict with emergency access. On May 16, 2022, City staff recognized that the parking area was not installed according to the Final PUD Plan, with the concrete curbing along a portion of the parking area missing. Upon inquiry, the property owner stated their intent to pursue an amendment to the PUD Plan to permit the parking lot as constructed (without the island) and with head in parking spaces accessed from the alley. The applicant submitted an application for a PUD Plan Amendment, which was heard by the Panning and Zoning Commission in August of2022. Planning and Zoning Commission recommended approval subject to installation of signage to identify the parking as intended for use by employees and tenants of the short term rental only. The request was heard by the City Council in September of 2022. The PUD Amendment was not approved by the City Council. Subsequent to the City Council decision, the parking lot was installed according to the Final PUD Plan. Staff Analysis The alley adjacent to the site seJVes as access to the rear of Fire Station Number 1. In addition to the unique access needs associated with the public emergency seJVice nature of the fire station, Fire Station One houses the emergency response watercraft used when responding to emergency situations on the Missouri River or other water emergencies. For these reasons, the nature of access to the alley has been a major item of concern and negotiation between the owner and Fire Department personnel. Specific staff concerns are: I . That the orientation of the parking spaces will have a higher possibility of obstructing the alley. The head in parking would rely on the public alley for circulation (pulling in and backing out of cars) whereas a small parking lot with driveway access would only rely on the alley for driveway access, not the circulation of specific vehicles accessing parking spaces. 2. That the increased number of parking spaces will result in a higher level oftraffic in the alley and a higher possibility of affecting emergency dispatch of vehicles. During Preliminary PUD Plan consideration and approval, and subsequent administrative approval of the Final PUD Development Plan, multiple discussions took place between the owner and Fire Department representatives regarding concerns about the impact of the development on the adjacent alley. Specific restrictions regarding use of the alley were negotiated through the Law Department and incorporated into the bill approving the Preliminary PUD Plan. Potential impacts on emergency vehicle use in the alley have been an overriding concern with respect to development of this property since the initial predevelopment meeting in August of 2020, with multiple meetings and emails taking place regarding this subject. Please see attached summary of time line and correspondence. Staff Recommendation: Fire Department personnel are concerned that the revised parking arrangement could impact emergency response. Use of zoning powers to regulate the level of access to public right-of-way, especially where essential public seJVices are heavily reliant on such right-of-way, is appropriate. Because the currently approved parking configuration was an essential condition of staff's previous support and approval of the original PUD plan, staff cannot recommend an amendment away from the previously negotiated parking solution. Neutral Staff Recommendation Form of Motion (all motions shall be positive, staff does not recommend approval of the required motion) Motion to recommend approval to the City Council of the proposed PUD Plan Amendment. Attachments: Ordinance 16083 -City Council approval of Preliminary PUD Plan, including: o Specific restrictions on parking/use of the alley (contained within ordinance text) o Preliminary PUD Site Plan o Building Floor Plan Final PUD Site Plan (administratively approved by staff) Preliminary PUD Application packet Summary oftimeline and correspondence AS AM ENDED BILL NO. 2020-034 SPONSORED BY Councilmember Graham ORDINANCE NO ._~f..L4/p~{).!..J...8.£..4...1-'-- AN ORDINANCE OF THE CITY OF JEFFERSON APPROVING A PRELIMINARY PUD PlAN FOR PROPERTY LOCATED AT 311 BOLIVAR STREET. WHEREAS, Oakbrook Properties LLC. owner of the rea l estate hereinafter described having submitted a Preliminary PUD Plan Amendment of said real estate described as follows; The northerly part of lnlot No . 424 in the City of Jefferson , Missouri, more particular1 y descnbed as follows: Beginning on the westerly line of said lnfo t 10 feet northerly of the, southwesterly corner of said lnlot, thence northerly with the westerly line of said lnlot 188 feet 9 inches to the northwesterly corner thereof, thence easterly with the northerly fin e of said lnlot 104 feet, 4 .5 inches to the northeasterly comer of said lnlot, thence southerly along the easterly line of said lnlot 138 fee t, 9 inches. thence in a westerly direction a long and with the northerly line of the railroad land to the place of beginning . Containing 0.38 acres, more or less; and WHEAEAS, 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 Comm ission and City Council a Preliminary PUD Plan for the above referenced property. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE C ITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. The Prelimina ry PUD Plan. on file as Case No . P20007 in the Jefferson City Planning Di vision is hereby approved for the land referenced above. Section ,g. Permitted Land Uses. Permitted uses for the pro perty shall be limited to Roastery , Short Term and Long Term Residential Rental , General Reta il, Coffee Shop, and any permitted uses of the C-2 zoning district. Signage and lighting shalf adhere to the allowances of the C-2 zoning district. Section ~-Common Areas and Public Land . No common area s are proposed and no lands are dedicated to pub lic use with th is PUD Plan . Section 1. The pub lic alleyway known as "W . Wall Way" (the "alleyway") shall be designated as "no parking" from the intersection of the alleyway and Bolivar St. to the eastern property line of the subject property . The alleyway shall not be used in the operations of any commercial or residential use on the subject property in that no owner or occupant of the subject property shalf suggest, encourage, or, with knowledge, allow or perm it vendors , customers. tenants. or invitees to park, idle, or block the alleyway at any time. Nothing in this paragraph shall be construed (1) to prohibit t he use of the alleyway fo r general vehicular or pedestrian access to the parking lot on the subject property which is directly adjacent to the alleyway; (2) to prohibit ingress and egress along any point of the alleyway adjacent to the subject property; (3) to prohibit the owner or occupant from trash service pickup along the alleyway; or (4) to criminalize or otherwise force any vehicular user to not comply with any traffic regu lations of the City of Jefferson . such as stopping at stop signs or yielding to pedestrians . Furthermore. nothing in this paragraph shall require the owner or occupant of the subj ed . property to enforce the parki ng , idling , or blocking restriction in an y way other than making a reasonable effort to obtain vo luntary compliance and . if unsuccessful , reporting the suspected violation to the City of Jefferson for either police or towi ng action. Section ~· This ordinance shall be in full force and effect from and after its passage and approval. Passed: I p~ - 1 '-' l.:.) 1/v\. Presiding Officer ATTEST: Approved : [ (' C · 2..c,. 2 0 ZC Mayor Carrie Tergin APPROVED AS TO FORM : C ity Atf6 rn ~y (/ ' ·----·- F\ • .--S nnE R R ?}S.we.eut S'1 t:D1 FOR: SITE STUDY eiTl . I,n'.\71nti tIM s „ r .. '(7 I 011 lit: O. 4() ACRE SITE JEFFERSON CIT Y, MISSOURI OAKBROOK I'ROPER• 1'IRs, ti c' GALE, I" = 90'-0" PATIO , 1' Kc:T'r n PUIWfl & IaL.+ t*.F. PANKIN G 2 SPACES Q r enth if ntr .4m .1. n.. , -, u, r t P ON , bI' . HIi NI?I: & ASSO CIA'Vt9 •.\N CI1111±CIti ASHL AND, NII55OURI JU1 .1' 2020 I I L s ~ ,,__ ~ () " ~ - ---=:..==:z:o::::E.j_,.J ~ .. ~ 9 l ~ 'I .:.1. -· ~ 0 . >- !- I I • • I · .. ..,_ ~ 'S3W:BcCOHd )I()(J1:fB)M) SNIOllOB 03S0d0l:fd .. "r'rl. ~J J ··-..... 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McCarty Street Jelfenon City, MO 65101 Phone: 573-634-6410 /CIJiannlna®leffcitymo.orq www.jeffarsoncltymo.gov APPUCATION FOR PLANNED UNIT DEVELOPMENT (PUD) Concept PUD Plan Preliminary PUD Plan Rnal PUD Plan 0 0 Amendment to Fmal PUD Plan Amendment to Fmal PUD Plan for Signag,e PUD Project Name: Oakbrook Properties StreetAddress: W McCarty Street (600 block. number not yet assirned) Legal Description: (as follows or is attached}_=A:...:tc..::t:..::a::..:c:::..::h::.;e:::.;d=-------------------- Please attach or Include the tonowing: 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 tltte and location must be Included upon every page. Number aJf pages and attachments. b} Site Plan and/or Development. Plan. as applicable. c) Preliminary or Final Subdivision Pf.at or-Declaration of Condominium Association, as applicable; d} Draft of Covenants, Conditions and Resfrictions, as applicable; e) Traffic impact analysis, if required hy Section 35-60; f) Slgnage Plan, including type,locatioos and dimensions of aU proposed signs; g) landscaping and Screening Pfao: h) Lighting Plan, including pale heights. type of fixtures or luminaries, and foot candles; i) ProJect Phasing Plan (if applicabfe) j) Application Filing Fee = $500 + $200 advertising fee + $20 per acre + $250 rezon ing fee [If ap~) {Revised July 1, 2018) AppUcation Information: Property OWner: Oakbrook Properties . L. L. C. Address 320 Nishodse Blf, Je:fferson Ci tv. MO 65101 Phone Number(s): 573-301-7514 Applicant Name [If different from owner):----------------------- Add~,~~~--------------------------------PhoneNwn~~=-------------------------------- Consultant Name :'----------------------------------Address: PhoneN~um~~~s7):------------------------------------ Jeff W. Schaeperkoetter, Member 8 /9 /2020 Printed Name/Title Date Consultant Signature Printed Name/Title Date For Stiff Use Only: Application Filing Fee Received-:.,. ____ _ Amount~---Check#"---- Attsch11UN1l$: NamUiv9_ Sit& Pfan_ A~ lnfonnatlon Sheet_ Wot9 olher lnfonnatlon wbmilted on bade Ptii(1B lndlvfduals should contact the ADA Coocdlnator at {573) 634-6570 kl request accommodations or aUematlve formats as required under the Americans with Dlsabllitfas Act. Please atrow three bus~ days to process the request Page1 of7 City of Jefferson Department of Planning & Protective Services 320 £ McCatty Street JeHerson City, MO 65101 Phone: 513.fS34.6410 lcolannlna@leffcltvmo.ora wwwJeffen;oncltymo.gov Project Information {Please use additional sheets if necessary) Name of Project Oakbrook Properties Location/Address W. McCart~ Street (600 block. number not yet assigned) -• •· _. bv OakbroQk Properties, L.L.C. Applications Submitted ~ P&Z: Zoninr Amend Como Plan-Amend Soccial Exceotion lPUD) Sub. Plat Annexation 0 BOA: CUP Variance ~2eal (Check box and circle 0 Staff. Site Plan Bldg Plans Grading Plan Change ofUse Temp Usc item) 0 Other: Consultant(s) (List lead consultant and all others who are responsible for major project elements) Lead Consultant Name I Ann Name J Address Teleph_one Number 1 Fax No. I E-Mail Consultant Name I Ann Name I Address Telephone Number I Fax No. _I E-Mail Consultant Name I Finn Name I Address Telephone Number I Fax No. I E-Mail Property Owners/Applicants (List owner. Mark "X11 next to the name of the primary contact) I OWner Name Oakbrook Pro~erties, L.L.C. Address 1320 N; .. .3 Blf .T~i'i' rit-v Mn R~1n1 Telephone No. 573-301-7514 I -, Fax No. I E-M aD jwschae@hotmail.com 1 Applicant Name Oakbrook Pronerties. L.L.C. Address 320 Nishodse Blf. Jefferson Citv. MO 65101 Telephone No. 573-301-7514 1 Fax No. I E-Man jwschae@hotmail.com lndMduals shoufd contact the ADA Coordinator at (573) 634-6570 to request accommodatfons or attemative fonnats as requlred under the Americans with Disabmties Ad.. Please allow three ~sfness days to process the request Page2of7 ·. EXHIBIT A The following parcel of land, lying, being and situate in Cole County, Missouri: The nQrtherly part of Inlot No. 424 in the City of Jefferson, Missouri, and particularly described as follows: Beginning on the westerly line of said Inlot 10 feet northerly of the southwesterly comer of said inlot, thence northerly with the westerly line of said inlot 188 feet 9 inches to the northwesterly comer thereof: thence easterly with the northerly line of said inlot I 04 feet 4-1/2 inches to the northeasterly comer of said inlot, thence southerly along the easterly line of said inlot 138 feet 9 inches, thence in a westerly direction along and with the northerly line of the railroad land to the . place ofbeginning. ATIACHMENT TO PRELIMINARY PUD APPLICATION Oakbrook Properties, LL.C. Property at corner of Bolivar and McCarty Streets (0.40 acres) The Preliminary Plan for the Planned Unit Development District includes the following: (1) The scale and north point. Shown on survey. (2) Boundaries of the property to be developed. Shown on survey. (3) The names of the owners of the property and the individual or firm responsible for the preparation of the Preliminary Plan. Current Owner of the property and individual responsible for preparation of plan: Oakbrook Properties, l.LC., 320 Nishodse Blf, Jefferson City, MO 65101; and Jeff W. Schaeperkoetter, Managing Member of Oakbrook Properties, L.LC., with assistance from CMPS for topographic survey and Porter, Berendzen & Associates, P.C., Architects, for plat overlay (Site Study). (4) The existing zoning of the tract and the zoning of properties which are within 200 feet of the boundaries of the property. Current zoning of the property: PUD. The property to the north is also zoned PUD. The property immediately to the south and east is also zoned PUD. Across the railroad tracks to the southeast, across McCarty to the south and southwest, and across Bolivar to the west (and south of Wall Way) is zoned C-2. Across Bolivar to the west (and north of Wall Way) is zoned RA-2 and C-1. The State parking lot to the southeast on McCarty Is zoned C-3. (5) The location, type and size of structures, on properties within 200 feet of the boundaries of the property. To the south across McCarty Street are commercial structures of varying sizes. To the west across Bolivar Street are a mix of structures with commercial and residential uses. To the north across Wall Way, a public way, is the large fire station for Jefferson City. (6) Acreage of the property to be included in the Planned District. The total area of the property is 17,060.4 square feet, for an acreage of slightly less than 0.40 acres. (7) Existing contours on an Interval of not more than fave feet and not less than two feet. The Owner has engaged CMPS to produce a topographic survey with existing contours on intervals of one {1) foot. A copy of that survey is provided with this application. (8) The location and direction of drainage of all water courses and a drainage plan with sufficient information to indicate the intent of the owner. This site drains toward the south and southwest (toward the railroad right-of-way at the southern boundary of the property) and the existing stormwater drainage is in the Bolivar Street iight-of-way at the southwest corner of the property. At the south of the property, a "bfoswale" area of sufficient size and capacity will be constructed to allow for drainage of the initial1.37" rain event for the 17,000 square feet area to be treated. (9) The location of existing and proposed sanitary sewers. Existing sanitary sewers are shown on the topographic survey. Oakbrook Properties, L.L.C. PUD Application (600 Block of W. McCarty Street) (10} The proposed size, location, height, use and arrangement of all buildings except single family dwellings; the location and capacity of off-street parking areas, entrance and exit driveways and their relationship to existing and proposed streets; building lines; easements; common land and open space; and proposed streets, alleys and pedestrian ways. o Size, location and arrangement of buildings are shown on the plat overlay. The height of the buildings will not exceed that allowed by the Oty Code. o A driveway is currently located onto Bolivar Street near the intersection with McCarty Street. The driveway will be relocated to the north and farther away from the said intersection as shown on the plat overlay. A driveway at the rear of the building (to the northwest) will enter on to Wall Way as shown on the plat overlay. o Easements, streets, alleys and a pedestrian sidewalk are shown on the plat overlay. o Parking analysis (see separate Discussion attached): Coffee roastery-800 square feet (Mfg/productlon category)-Two employees- 2.2 spaces Office space-300 square feet-1 per 300 sq.ft. GFA-1 space Coffee shop (see below for proposal of parking requirement for this space)- 1,800 square feet plus 300 outdoor-9 spaces at 1 per 250 square feet. Short term rental-800 square feet-2 spaces (on-street parking permitted) Less "Old Town" allowance for on-street parking-5 spaces (based on frontage over 125 feet) In sum, 9.2 spaces off-street is required. In order to allow for the normal periods of higher customer traffic, an extra 5 spaces is considered adequate, for a total of 15 spaces as optimal. The attached site plan contains 19 spaces, and the plan will provide that those spaces will be larger than the minimum required by Ordinance. (11) Proposed landscaping and buffer zones. Shade trees will be provided as required (possible locations shown on the site study), and other landscaping on-site. No buffer zones are required. (12) Provide for the dedication of any right-of-way for the widening, extension or connection of major streets as shown in the Thoroughfare Plan. No dedication of any right-of-way is proposed as there are no Impacts on street widths. (13) Establish the underlying zoning, mix of uses, density, layout, design and phasing of the proposed Planned Unit Development. Owner proposes a mix of uses which would include all uses permitted in C- 2 zones. No phasing of the Development is proposed. Other notes: 1. Off-street loading will comply with City Code. 2. Visual clear zones: Sight triangles are clear as shown on site study. 3. Setbacks: In view of the small size of the property, Owner requests that setback requirements be waived Oakbrook Properties, L.L.C. PUD Application (600 Block of W. McCarty Street) Other Notes (continued): 4. Signage: Signage will be compliant with the Oty's signage ordinance. The Owners anticipate a free-standing sign positioned along the South boundary of the property (shown on site study). 5. Lighting: Lighting for the Parking lot wUI be designed and placed in accordance with City requirements (proposed location shown on site study). 6. Fire Hydrants: Fire hydrants are currently located at the property and meet Oty requirements. Plan Approval: Commission Chairperson Date Director of Community Development Date Oakbrook Properties, LL.C. PUD Application (600 Block of W. McCarty Street) Note: Discussion for coffee shop parking requirement. The Owner's Redevelopment Contract with the Housing Authority required 2,500 square feet of floor space. In consideration of subsequent social distancing and spacing requirements suggested by public health officials, and the impact on inside seating for coffee shop purposes, the Owner and its prospective tenant have opted to Increase the floor space of the coffee shop from 1,400 to 1,800 square feet. The larger size will seek to accommodate the expected customer usage with greater spacing between tables and seating areas. The City Code provides categories for parking requirement such as bar/tavern, smoking lounge and restaurant (all at 1 parking space for 100 square feet of gross floor area), general retail (1 per 250), and low volume retail (1 per 500). The Code also provides: "The Director shall determine the parking requirement for uses which do not correspond to the categories listed in Exhibit 35-58A.In such instances, the applicant shall provide adequate information by which the proposal can be reviewed." The Owner proposes that the general retail category be applied, or, in the alternative, that the .Director determine that the coffee shop use does not correspond to the categories listed in the Code, and that 1 parking space per 250 square feet be required. The following information is provided to support the alternative requests: Type of uses: Coffee shop for consumption of coffee, other drink and limited food items, retail sales of bag coffee and other items, area for preparation of items available for consumption on-site, with amenities on-site such as restrooms and areas for viewing. Number of employees: Two service employees at higher volume times. Building design capacity: To be determined. Square feet of sales area, service area, etc.: Seating (800), Sales/ordering (300), handicapped accessible restrooms (200), kitchen/preparation (500). Parking spaces proposed on-site: 17 per site study, but may have to be adjusted depending on set- back, loading zones and other contingencies. Parking spaces provided elsewhere: 5 on-street parking spaces. State parking lot within 200 feet. Hours of operation: Generally, 6 a.m. to 5 p.m. daily (currently not open Sunday), may be expanded. STUDY FO R: SITE STUDY 0 .40 ACRE SITE I I rt. i! ~ ., I I I I I ''*') , .......... n~T .... -·~· ·t .• :.:·,:· i .~. . ...... -··-·-:,,:::-;:L-- -... ._ . . .--.... --.. '"'" . . . ;1 ~~;h_ I, t • :~· ·i ! lul ttl r:;. ·· .. • '. OAKBROOK PROPERTIES , LLC JEFFERSON CITY, MISSOURI ~~ o a o •'•-.......... '"'"' • o Oooo • , .. , • '"" ·; I ·----1·--· .f':·· .. •i. ... 'l ~·:-~· ·.· PIIR I<ING -· Z S""CES I , U l~ I ..... t· ,: i_; . ~ li: .l : :·...;._,{ i I ·:·,, ..... . ~ . :., ·'"" : .. ,:-.. -... - • J, . f l I l. :. lul••t r:u :.¥.r:::, ·[_,_, __ _ r ... _ 'I l ulu! 1'!1 ~-7.::.. «!:) I'W1ct.lkn-'1.~t~ll. .~~ r.c. ;Jf"':, i'OK1'UK , U lllt t!ND~U N ~ 1\S SQCI/\"1'11 6-1\I\<;'IIITI!CfS ·~·-"j 1\SII.LANO, MISSOURi J U I.V !1020 c " ~ ~ ~-~ ~' ~ ,-i ,- 1 .I ~ ---- i=. l I s I" i ----,· -2-·;;- ~ . !=_._...,.._..,~· -·-1- ~~-....!--- I i t I ~ .. l Cl u.: iL s Three Story Coffee Summary of time line and correspondence Page Preliminary PUD Plan-submittal. staff review, P&Z Review. City Council approval. 1-2 3-5 6 July 13 -30, 2020 August4,2020 August 10, 2020 Email chain re: PUD site plan pre-submittal Pre-development meeting with property owner. (see attached staff notes and visuals from meeting) Email re: application submittal and pre-submittal fire department discussions 7-11 September 4-13, 2020 Email chain re: staff comments on PUD Plan in advance of P&Z meeting, including reference to Fire department comments, and response by owner. 12 September 14, 2020 Email with revised site PUD plan. September 16,2020 P&Z Commission Meeting. Recommendation for approval of Preliminary PUD Plan. 13-17 October 16-22, 2020 Email chain between applicant and Law Department re: incorporation of alley parking and use restrictions into PUD Council Bill. October 19,2020 Approval of Preliminary PUD Plan by City Council, via substitute bill incorporating alley parking and use restrictions. Page Final PUD Plan-submittal. staff review. staff approval April 5, 2021 Submittal of Final PUD Plan by Central Missouri Professional Services. The plan showed installation of head in parking off of alley. 18 AprilS, 2021 Correspondence from CMPS to Planning Division RE: telephone discussion and FD/Owner Coordination April9, 2021 Internal city staff meeting (Fire Dept, law Dept, Planning Dept) regarding Final PUD Plan submittal. 19 April9, 2021 Correspondence from CMPS to Planning Division RE: revised site plan sheet. April9, 2021 Submittal of revised Final PUD Plan by CMPS 20-21 May 6, 2021 Staff comments to CMPS regarding Final PUD Plan. June 21, 2021 Revised Final PUD Plan submitted by CMPS July 9, 2021 Approval of Final PUD Plan by staff. Page Tract Division of Neighboring Railroad Property-submittal. staff review, staff approval 22 June 23-24, 2021 Email chain re: Tract division (Union Pacific property) review status. 23-25 July 15, 2021 Email chain re: Tract division comments by staff. September, 2021 Submittal of signed document, approval, and recording of tract division Page Rear Parking Area -correspondence and meetings between staff and owner 26-27 May 16-18, 2022 Email chain re: parking lot installation (not according to plan) and response by owner 28-29 May 25-June 5, 2022 Email chain re: Meeting between owner and Fire Department regarding parking. May 31, 20.22 Meeting held between owner and Fire Department. 30 June 3, 2022 31-33 June 5, 2022 34-35 June 27, 2022 36-37 June 28, 2022 Email to Planning division re: meeting between owner and fire department and sign permit question. Email chain re: meeting between owner and fire department and fire department response. Planning Staff inquiry on owners plans and response. Email re: Temporary Certificate of Occupancy issuance Temporary CO attached, issued with conditions on bringing the parking into conformance Page Amended PUD Plan -application submittal, P&Z review, City Council decision 38-39 July 7-11, 2022 August 11, 2022 40-41 August 24-29, 2022 September 6/19 Email chain re: Request PUD amendment be deemed a "minor amendment", and response by Planning Division Staff. Planning and Zoning Commission meeting. Recommendation for approval subject to conditions. Email chain re: Staff recommendation to City Council post P&Z meeting. Introduction I Public hearing at City Council. Bill failed on a 5/5 vote. --Original Message- From: Jeff <jwschae@hotmail.com> Sent: Thursday, July 30, 2020 2:09 PM To: Zollinger, lan <IZollinger@jeffcitymo.org> Cc: Wade, Shane <SWade@jeffcitymo.org>; Barron, Eric <EBarron@jeffcitymo.org>; VandeVoorde, Dan <DVandeVoorde@jeffcitymo.org>; Nanoski, Ahnna <ANanoski@jeffcitymo.org> Subject: Re: PUD Information Tuesday will work for me. Sent from my iPhone >On Jul30, 2020, at 1:52 PM, Zollinger, I an <IZollinger@jeffcitymo.org> wrote: > >Jeff, > Tuesday would work better with City Staff and the availability of appropriately sized rooms. Please let me know if that does not work. I will send this around to those who review plans and we will have some preliminary comments prepared for you at that time. > > ____________________________________ ___ > From: Jeff [mailto:jwschae@hotmail.com] > Sent: Thursday, July 30, 2020 1:21 PM > To: Zollinger, lan > Cc: Tony Anderson; Scott > Subject: Re: PUD Information > > > lan: I am attaching a draft of the narrative that will accompany the actual PUD application, which I have printed off from the City•s website, and hope to be able to submit to you by the August 10 deadline for consideration by the P & z. > > I am also going to fotward to you the site study prepared by the Berendzen firm, which shows an overlay of the topo survey prepared by CMPS and the proposed location and size of the building and parking areas. I also have the oversized version of the survey itself, which I will provide with the application. If you need to see it in advance, please let me know. > > I would like to have the opportunity to visit with you about this and discuss its contents and any thoughts you may. have. Monday would be good for me, about anytime. Please let me know what would work for you. > > Jeff Schaeperkoetter > Oakbrook Properties, l.l.C. > > > >(X] > From: Zollinger, I an > <IZollinger@jeffcitymo.org<mailto:IZollinger@jeffcitymo.org>> >Sent: Monday, July 13, 2020 3:57 PM >To: jwschae@hotmail.com<mailto:jwschae@hotmail.com> > <jwschae@hotmail.com<mailto:jwschae@hotmail.com>> >Subject: PUD Information Coorespondenceffimeline Packet Page 1 > > The site plan should show the property boundaries, it should show the location of the building in relation to the property lines and other buildings if there are any. Parking stalls and widths of driveways. The plan should be to scale. > > If you have any more questions please let me know and like I said we can meet to go over what you have. I am confident that we can get you to a place where we can bring it to the Planning and Zoning Commission. > > lan Zollinger >Planner > Department of Planning & Protective Services Oty of Jefferson > 320 E. McCarty St. >Jefferson City, MO 65101 >Direct Phone-573-634-6313 >Fax-573-634-6457 > > > <meeting.ics> Coorespondence/Tfmeline Packet Page2 141/~J/~ rew, ZcH~A >~w~ ;r~~ ~~#~ ~~ J:l~tl ~ Jell' ~~Cu~ -1-5e:vt Coorespondencefnmeflne Packet Page3 I I j ·~ .J rmelille Packet Page4 :::> ~ 3 !!!. 5" II> ';Il;;J <g 2- (1\- ~~-l lf=.;-.:.L· .... --·.·;~·:.-:~'·.:..:r=:-•>=-:-1' I NWnftr STUDY FOR.: I ·I I t=:==--.._,_"='.,.,.· -]__..,. l r"no J -~~ . . . II ..-.-:::=-~-:---I """"' ...... I l~~~~~,~~c ~! ·I:·- :!1-!!>'fOR 'f C O PP ee -LOI'tt!R L ev!L GC.AUf, a• -15"'0' l.Di':JA LDVn. ~ )/16<> GP . ·r--- 1 I I ., t! .11 ==--::c . 1--·-:1 """ ;I ~~ rAoo -~ ! ~e«e~ il 1-~ -~~~~J.---J I il I -·~-II I I I -=·~ ,' I ---=------I l>oU !H;'fOR'( C.O i"Fee -U?Pi!R I!~.I~!V~I:~:L~==-:-:~-:-:=--=~,- u.""t..r• I ' ~ 1:?..0' \.Pf'C' U YtL AA1!)... 1!.~ ~)II. BUILDING STUDY (FOR JEFF SCHAEPERKOTTER) 0 l'wMt, OttttoiiiO. AIWCI>If<. f .C. 0.40 ACRE SITE JI!FFBRSON CITY, MISSOURI m~~~ ~ SC.ALJ:, I' ~ 151-o' tJT\ rOR.TI!R., DliR.IlNO!.ON A ASSOC IATiiS • AR.CitiT iiCTS ~J A511t.AWD, MIS50URI JVL V 2020 From: Jeff <jwschae@hotmail.com> Sent: Monday, August 10, 2020 8:13 AM To: Zollinger, lan <IZollinger@jeffcitymo.org> Cc: Barron, Eric <EBarron@jeffcitymo.org>; Sarah Anderson <threestoryoffice@gmail.com>; Tony Anderson <threestorycoffee@gmail.com> Subject: PUD Application lan: I will be bringing in the application package first thing this morning. Please let me know if there are concerns that I need to deal with. There are some minor revisions in the drawings to that back parking area and the driveway onto Bolivar (and trees. lights and signs), and I did share the revised drawing with Chief Turner because of the fire department•s concerns that he expressed. I also made some slight revisions to other areas of the attachment, including putting an 11 0ptimum .. number of parking spaces outside of any mathematical calculation. Thank you for the meeting the other day. Jeff Coorespondencemmellne Packet Page6 From: Jeff <jwschae@ hotma il.com> Sent: Sunday, September 13, 2020 9:43 PM To: Wade, Shane <SWade@jeffcitymo.org> Cc: Barron, Eric <EBarron@jeffcitymo.org>; Zollinger, lan <IZollinger@jeffcitymo.org>; Nanoski, Ahnna <ANanoski@jeffcitymo.org>; Bange, David <DBange@jeffcitymo.org>; Fontana, Don <DFontana@jeffcitymo.org>; Bonnot, len <LBonnot@jeffcitymo.org>; Turner, Jason <JTumer@ jeffcitymo.org> Subject: Re: Coffee Shop B n B Prelim PUD, Bolivar Street@ West McCarty Street, Engineering Division P & Z Review Comments Mark-up, 1st Review Shane: I hope to be getting to you and the others, before noon today, new pdfs. I was able to get the pdfs enlarged and changed to show (1) some of the notes in the margin as requested in your mark-up, (2) labeling changes to the "Site Study11 as you requested, along with the approval signature and date area, which I omitted from the original application, and (3) the dimensions of the building and parking spaces and lanes in a more readable fashion. I also delivered to your office on Friday the full-size survey by CMPS which shows utility locations and survey detail. I would like to incorporate the Commission's "Location Map" into the application to reflect the zoning of the adjacent parcels, which was noted in a narrative fashion in the application. That map also shows the nature of the adjoining buildings in a better fashion than I could do (other than in the narrative notes), but I would be happy to supplement the application with photographs that I could-e-mail to you as early as Tuesday morning, if you or other staff feel that the Commission members may need to see those photographs. I would note that a couple of the mark-up notes were not addressed further than the commentary and notes provided in narrative fashion with my application. For instance, there is no driveway currently considered at the east side of the proposed building. Of course, if that changes, appropriate steps will be taken to protect the building with bollards or the like. As to drainage, the bioswale will require engineering/landscape architect work, but my research indicates that there is ample space to provide a bioswale area that will meet the City's requirements. I did not undertake to show the visual clear zones, and do not see an issue there, and the final plan can depict those with more accuracy. I will have the new pdfs in shape to send to you and the others on this chain before noon tomorrow, but I wanted you and the others to have this e-mail first thing in the morning, so am sending this without the new pdfs now. Please call me at 573-301.:.7514 if you or any of the others have any questions. Jeff From: Jeff <jwschae@hotmail.com> Sent: Friday, September 11, 2020 9:48 AM Coorespondencemmellne Packet Page7 To: Wade, Shane <SWade@jeffcitymo.org> Cc:: Barron, Eric <EBarron@jeffcitvmo.org>; Zollinger, fan <IZoJJinger@jeffcitymo.org>; Nanoski, Ahnna <ANanoski@ieffcitvmo.org>; Bange, David <DBange@jeffcitymo.org>; Fontana, Don < Dfontana@jeffcitymo.org>; Bonnot, len <LBonnot@jeffcitymo.org>; Turner, Jason <JTurner@ jeffcitvmo.org> Subject: Re: Coffee Shop B n B Prelim PUD, Bolivar Street @ West McCarty Street, Engineering Division P & Z Review Comments Mark-up, 1st Review Shane: Thanks for your e-mail. Sorry I did not get it until you re-sent it yesterday, as it went to my junk mail and I was not able to access that from my phone which seems weird to me I I have contacted PBA Architects this morning about doing slightly larger versions without the pixillation issues and adding some information. I may be hearing something back from them as early as today. I do have a large version of the original survey that I will drop off at your office this morning. That should be helpful on the fegibirlty and the topographical lines. I did note that CMPS did the ••topo" on one-foot intervals,. which is not, of course, and unfortunately, "not less than two" as required by the Plan ordinance. That was done because, as you might expect, the grading of the lot will be a critical feature of our building and parking plans there. I have talked with the fire department about the parking adjacent to the alley. There will need to be a retaining wall and the parking will be lower than alley level, and we will follow all survey lines in the completion of the project, and we will make every reasonable effort to reduce the impact on the fire department's operational requirements. We will be good neighbors. I am planning on showing some of the details like the drainage on the final plan, and avoiding existing infrastructure will obviously be engineered and planned. The visual clear zone at the driveways, while I think clearly not an issue with the placement of the building, could also be shown then. My understanding is that I cannot commence construction until the Final Plan is filed, and things like bollards, retaining walls, sewer connections and the like may be more clearly plannable with the building design done. In addition, we have not yet identified the size and type of structure for the signage, and I have thought that a separate permit was required for that, and the PUD application only needed to show sign location(s). Just for my own clarification, the "Location Map" that accompanied the city's notices depicts the adjacent zoning and the type and size of the adjacent structures. Will you need more information than that? I could provide pictures of the structures in that area as an addendum. As you mentioned, I provided some of the information in the written commentary. I noticed on some of the previous PUD submissions by other developers that those were simply in narrative form on the survey plan itself. Thank you again for your contact. I will be as diligent as I can to get you the information quickly. We obviously want the Ob/s staff to be able recommend approval to the Commission, and will do our best to enable that to happen. Please understand as we move forward that my wife and I are trying to avoid unnecessary expense at this stage of the re-development. We take that approach because we realize that either the P & Z Commission or City Council could delay or derail our redevelopment. Be assured that we will undertake any reasonable expense after preliminary plan approval to complete the redevelopment project and protect our investment in the real estate itself. Jeff From: Wade, Shane <SWade @jeffcitymo.o rg> Sent: Friday, September 4, 2020 10:19 AM To: 'jwschae@hotmail.com' <jwsc hae@hotmail.co m> Cc: Ban·on, Eric <EBarron @jeffcity mo.org>; Zoffinger, fan <IZollinger@ jeffci tymo.org>; Nanoski, Ahnna <ANanosk i@jeffcitymo.org>; Bange, David <DBange@jeffcitymo .org;>; Fontana, Don <DFontana@jeffcitymo.org>; Bonnot, len <LBonnot@jeffcitym o .org>; Tumer, Jason <JTurner@jeffcitymo.org> Subject: Coffee Shop B n B Prelim PUD, Bolivar Street@ West McCarty Street, Engineeri ng Division P & Z Review Comments Mark-up, 1st Review Jeff- Plea se fi nd attached our review comme n ts mark -up regarding the pre li mi nary PUD for the Coffee Shop/ B & Bat the corner of Bo livar Street and West M cCarty St r eet. It is really hard to read any i mportant information regardin g the topo/ survey in the background from th is pia . It contains a lot of the information (utilities, sewer, curb/ sidewalk etc.) tha t we lo o k over. I don 't know if it was shaded too much, or the scan pixe l size makes i t difficult to read, eit her wa y we need a better plan. Full size plans fo r the resubm ittal would be very helpfu l once the pi xi lation/ shad i ng issue is resolved . W ith the comments attached, I ha v e tried to reference the number of the specific commen t in t he checklist that it refers back to. So me of the in formation is contained i n the narra t ive of the applica ion, but needs to rea ll y be informati on co nt ain e d on t he pre li minary PUD plan as well. The Fire Department is requesting some type of physical barrier/ i.e. curbing, island , bollards , landsc ap ing and/ or combination ther eof for the parking next to the alleyway. This w ill need to occur on the property, not the all ey':!ay. W e vtant to ensure that encroachment of parking does not interfere with the alley property in any wa y. Please refer to t he attached mark-u p for m o r e specific location/ information. We ·w i ll need to prepare our Staff Reports for the meeting next wee k, so if we cou ld have a resubmittal of the rev ised drawing(s) as soon as poss i ble next week, it would be beneficial. Our goa l would be to write our staff reports wit hout having to address the comments contained w ithin this review comments mark-up for the site p lan in order to recommend approval of the plan. I believe 111ost of the comments should be straight fon-vard, but let me kn ovv if you n eed an y clar ification (s). Thanks. Shane Wade Shane Wade, P.E. Plan Review and Development Engineer City of Jefferson Dept. of Public Works Engineering Division 573.634.6449 0 573.634 .6457 F swad e@jeffcitvmo.o rg Coorespondence/Timeline Pa cket Page9 3. d . e. Pr-e /,-..... . Pu o --:---;---__ B/>l /ZCJ apprOIICII.. A Concept~ ~.f.-cation and su b miltaf shaU me~ based on aitefia estahisbed 1n S edicn 3~27 as~~ as lhe criteria for z:oning d1ar.ges, Secficn 35-74.8.4. and tile atcria for a Prefntioary Plan in Sedioo 35~74.C.3. The PlaMiflg and Zo:ling Commission shal.l apprc:Ne. ~ awro-~ or d'!ny CJ?PfO'.r.:l of aR applications for a ConCl'.p l Plnn . PU O Prellmirrary Ptan. a . A PUD Pceliminary Plan r.onslilules a major step in the review process. A cezonlng a;JJ)I'":cation shall be submitted 11oi'th ltle PUD P 1eUminary Plan apj!lication. Tire a.teep~ed •design~ d~ily indicated in the Concept Plan aj!provol crumot ho pr esumed as a~ ~ r~·'lla'J shall be dedicated at the tinte I he Pre~·mcmuy Plan is appro~~ r~l fran the PUO zoning d~natio.n, but shall be juslified a! the preUn-.inal'/ ~ge througf1 sde and sfru1:tl6e design. The Council may limit the dcns!ly on all or any portiln of a PUO if it detcmnnes !hat !he design fai\s to fulfil the pufP05es b. c . of lh is Orci!lanoo am~ Slictioo. Jl:ppfi:atiln requirements and processing procedures shall cnmp{y \'lilh those desaibcd in Sect inn 35-70 and Section 35-71, with the fcflowi1g modificatrons : (I} If Ul!! PUD Prelim inary Plan proposes rnurtipf~phases, spedrc dcooities shan l:r e assrg ned to cnch phas-2 . Densily at each preliminary pltase sllnl l:e tusfiiicd by specifiC desi3rr . Oensiy from one-phase may be shifted lo anclllef phase subfed to Council apjl roval. The Cou:ncil. in a;Jproving lhe PUD Prelim~/ Pfan. ma'f conduct the fri"st real!L"tg of I he (2) (3) rezoning ordinance fo: lhe area r:fescrih<'..d in the PUO P rcriwinary Plan. If a PU D Preliminary Plan is approved. rlr.c opplX.mt shall :illbmil. a Fmal PUD Plan and Suhdivisi~n Plat 3ppLltalioo in ;x:c;o!dance y,ilJt lfte appro-Jed devclopmenl schedule. TI1e C:ty may require ~hal a homeowners associatioo or corporation be aeated to mainrain and administcr thepro{cct'n lar:-.dscrfadlit!es. Altidcs oflncorporn!ion a :d Restric1ivc Covenants shall be recorded at. or prior to. the rccon:lrng or the Final PUD Plan and Plat TI1e Homeowners Associalion. sron be required to maintain a! I common space in reason3bl!! order and cornii!iln on a lirnely, ccr.sirt.."flt basis The Pr efiminarf Plan for the Platlnec:l Unit Development Ols1Cid shaQ shew: ~ Tr.escalaal\dnorthrJoint P, 'I p /A ;{t., fop c (5urv .c.y Boundaries of Jhe s:ropcrty lo t:c developed.-"""' (. "' .., I . 6/. ~)...J The names o( lite 0\.vnecs of till) property and lfio indMduaJ or firm responsible for the '1 1 C.. • preparation of I he Preliminar; pra,,. @ TI 1e existing 7.aning of the ttacf and t he Ll?njitg of properties which a re within 200 feet of the boundariesofllteprcper:ty.-f',.o v•dc. ,.., p i ,__ • <::§!) Tho lo:;ation, type a.M size of struclures , on propect~s wi1hn 200 feet of the boun:iarie5 ct the property. -Pro " / d c o " ? ft:\ n • A<:reago of file J:rope!ty to be inclutfu:f in the Planned Oill.tcicl Existing ccnlouts en an intet•lal of not rmrc lh:m five fee: <Jnd nolless than two feet Tho localion and !fl(eciion of dtainag.e of clt 11/a'.er courses and a dramge pfan with n., ftc. S suffident information lo i!Uic:ate tlte intent o f the owner. 011 p ( __..... 1 _ TI1c locatiot'l of clCistitlg and prop.oscd sanitary sewers. ~",.u:: -"~ · The pro,oscd size, locatioo, Might. usc and arrangement of a !I buildings oxcepl sing!e- famiiy dwellings; the location ann c:apa::tlj' of off~stree{ parking areas. cnlraoce aoo exit driveways and their ro!atioo.ship to, exismg and proposed str~; buaaltl g linas; oasefll'>_nlS ; tonlntcn lllnd and opet\ space; <md propnsed streets. alleys a11d P<ldestrian V•I<JYJ. 1 "\'H) PtO;lOsedlandscapinganti bufferzooes.-~((. n o -k.r o ... F r ...... ,..._~,.1(.-vp . r~( Q.. ~ Prm'ide fo r the dcdicafion of ooy rtghl-of-'Nay for the widening . eldcnsi~n ex ronnedioo nf major st c~ as shcl'«l in the Th.cuooghfure P lan. G2}i) Date and signtllute lines for execution b'; the Commission Chairman a nd the D irector o! d . e . Commu nit·{Developncntosrow th.c da!eof Pfanopproval.-pro-.'./~ o,.. p /~ . ..._ A PUD Preliminary Pla&l shalt - (1) Comply with U1e criteria ~·~ in Section 35 ·2 7. as well as the ateria f<x rczorung . {2) (3) Section 35-74.B.~ and P"te!iini.n.~ Pfat apprc•.~al in t he Subdivision C<~de. Comply with Ute apprOYed Conce;lt Plan, if nppUcable ; and Establish the undcr¥ng zoring. mix or uses. density. lllyo\11, design and pbastng of 11m proposed Planned Unit Dewlopmelll. The Planning and Zoniltg Cc!MlissiM shal/1 tevfuw the application a: a public hearing in conformance with Seclion 35-71) and shall make r ecommendations to :no Council The Council CooresP<Indence/Trmelfne Packet Page "tO / '\ I I I ·:---· ). I ..:.-..c. t _g :::::: l ::. \J.. l' c I __..-- 1 ~:--· I ':;~ ::. ; I jr;?' ! -:-· _,._ ~ ... ,, ~~ ' >.;. ~ r,. coorespondencemmellne Packet Page 11 From: Jeff <jwschae@hotmail.com> Sent Monday, September 14, 2020 10:22 AM To: Wade, Shane <SWade@jeffcitymo.org> Cc: Zo{IJnger, lan <IZollinger@jeffcitymo.org>; Barron, Eric <EBarron@jeffdtymo.org>; Nanoski, Ahnna <ANanoskr@je.ffcitymo.org> Subject !Fwd: Three Story Coffee -Site Plan & Floor Plan Shane: lihe amended POFs are attached . I am away from my computer and on my phone and only could cc Eric. fan and Ahnna from my phone. Could you forward to the others on your end? And confirm receipt? lfyou print these on 11 x 17, they are more legible, although the scale changes on one of them, I think. I do fuave them printed already, but won't be back in JC until tomorrow to drop them off with Ellen. I will get you an l!.1 x 17 of each in the morning. Please ret me know if the attachments do not come through o r if anyone has questions. My number is + 15733017514. Jeff Sent from my iPhone Begin: forwarded message: From: "Scott Schaeperkoetter" <Scott@signature homes jc.com> To: "Jeff Schaeperkoetter" <jwschae@hotmail.com> Subject Three Story Coffee -Site Plan & Floor Plan -with logo Srott Sdlaeperkoetter Signature Homes Inc. -Owner scott@signaturehomesjc.com {573) 690-4377-Cell (573}761-3898-Fax --- L: ~--· L:· _.=.::-:::::.-··-- tt~~~1~~0;: ---~ .... -··-·---· 1---··· ···-··--. ·::-~-::.:.:.::·_:.:-.:~-:.:·.:..:- i :::.:.;:=~-:::-::-::::::.:_ , ___ _ ---·-=---~-- ~-~· ~:~::~_.::-··-··. ·-:.: Coorespondencefflmeline Packe t Page 12 From: Jeff <jwschae@hotmail.com> Se nt: Thursday, October 22, 2020 10:59 AM To: Moehlman, Ryan <RMoeh lman@jeffcitymo.org> Cc: Barron, Eric <EBarron@jeffcitymo.org>; Schofield, Matt <MSchofield@jeffdtymo.org>; Turner, Jason <JTumer@jeffcitymo.org>; Graham, Carlos <CGraham@jeffcitymo.org;> Subject: Re : Bolivar & McCarty PUD Thank you, Ryan, and the whole group for helping to get this to the finish line before the Council on Monday evening. Jeff From: Moehlman, Ryan <RM o ehlman @jeffcitymo.org> Sent: Monday,. October 19, 2020 3:31 PM To: 'Jeff' <jwschae @h ot m ai l.com > Cc : Barron, Eric <EBarron @jeffcitymo.org>; Schofield, Matt <M Scho fi e ld@ jeffci tym o.org>; Turner, Jason <J Turne r @j effci t ymo .org>; Graham, Carlos <CGraham@ jeffcitvmo.org> Subject: RE: Bolivar & McCarty PUD Sounds good. 1'1 draw it up. ~~ .. .Ill \. \ l,•.:hllll.: 1. l.i t~ . \tllllll.:.• ( il:-"'1 .. L.:i "f..:r~nn . t:"'~'llf : :'-3 1 t•.~-l -C•.; I.J RMochlman@ k ffc itvmo.org From: Jeff [mailto:jwsc hae@hotmail.coml Sent: Monday, <Dd:ober 19, 2020 10:40 AM To: Moehlman, ~yan Cc: Barron, Eriq Schofield, Matt; Turner, Jason; Graham, Carlos Subject: Re: Bolivar & Mccarty PUD Ryan: I am okay with removing the new language about the alley if# 3 in the second list is removed and the rest renumbered. I Jeff Sent from my iPhone On Oct 19, 2020, at 8:26AM, Moehlman, Ryan <RMo e hlm an@.jeffc it vm o.or!!> wrote: Mr Schaeperkoetter: This language is acceptable to me, except for the first long addition in red. I do not lrnow the history of the alley, but if part of the pavement has been on the property long enough, then that pavement may have become part of the public right of way by prescriptive use. If the remainder of the language is sufficient for you, then I will draft a bill amendment. If this needs further discussion, then I suggest that the bill sponsor should place the bill on the informal calendar until the November meeting so we have more time to discuss. I will run this by planning and fire staff and the bill sponsor. Coorespondencemmellne Packel Page 13 Thank you. -Ryan Sent trom m~ Sp rint Sa m s ung G a htx~ S I 0 . ---Ori gin a l m essage ---- Fro m ~ Jeff <jwsc h ae@ho trn a il.com> Date: 10/18120 9 :15 PM (GMT-06:00) T o: "Moehlman, R yan " <RMoe hlma n @ jeffc iL yrn o .org> Cc : "Barron , Eric" <E Ba rro n@ jeffci tym o .o rQ>, "Scho field, Matt" <M Sc hofi e ld@ jeffc itv mo .o rg>, "Turner, Jason" <J T urn e r@ jeffcit vmo .o r g>, "Graham, Carlos" <C Gra ha m @ je f fc it vmo .o r g> Subject: Re : Bolivar & McCarty PUD Ryan: In t he absence o f a response to my Friday eve ning e-mail, I thought I should get this to you before the w eekend w as over. Your proposed language leaves way too many questions u n answered, w h ich I set forth in the precedi ng e-mail, so I undertook to resolve those issues with the following. Your altered lang uage is in black, my new la ng uage is in red. T he public alleyway known as 'W. Wall Way" (the "alleyway") shall be designated as ano parking" from the intersection of the alleyway and Bolivar St to the eastern property line of the subject property. The alleyway is currently, and has been , at all times previous since its dedica1ion as a public way in the City of Jefferson , available for the unfettered use of the general public, as well as the owners c;>f property on both sides of the alleyway, subject only to the traffic code of the City of Jefferson. The paved portion of the alleyway may currently encroach upon the subject property. To the extent that a mutually agreed-upon survey of the subject property's north property line reveals such an encroachment, the City will remove such pavement and relocate the paving w i thin the alleyway or allow the developer to remo ve t he pavement. The alleyway shall not be used in the operations of any commercial or residential use on the subject property in that no owner or occupant of the subject property shall suggest, encourage, or, with knowledge, allow or permit vendors, customers , tenants, or invitees to park, idle , or block the alleyway at any time. Nothing in this paragraph shall be construed (1) to prohibit the use of the alleyway for general vehicular or pedestrian access to the parking lot on the subject property which is directly adjacent to the alleyway; (2) to prohibit ingress and egress along any point of the alleyway adjacent to the subject property; (3) to prohibit the unfettered use of the alleyway by the Ci ty of Jefferson, as long as it rem a ins a public way; (4) to prohibit the owner or occupant from trash service pickup a long the alleyway ; or (5) to criminalize or otherwise force any veh icular user to not comply with any traffic regu lations of the City of Jefferson, such as stopping at stop signs or yielding to pedestrians. Ne ither shall this provision require the owner or occupant of the subject property to enforce the parking , idling, or blocking restriction in any way other than making a reasonable effort to obtain v oluntary compliance and, if unsuccessful, reporting the suspected violation to the City of Jefferson fo r eith e r po lice o r towing a ct ion . W e will be on t he road fir s t t h ing in the morning to come home and will have time in the morning t o take a call on the road o r to come in and d is cuss this in the afternoon. Perhaps Chief Schofield or Ch ie f Turne r cou ld meet with us as w e ll. Je ff Coorespondencellmeline Packet Page 14 From: Jeff <j w schae@hotmail.com:> Sent: Friday, October 16, 2020 8:06 PM To: Moehlman, Ryan <RMoeh lman@ jeffcitymo.org> Cc : Barron, Eric <EBa r ron@jeffcitymo.org>; Schofreld, Matt <M Sc hofiel d @jeffc it ym o.or g>; Turner, Jason <JTurn er@jeffcitymo.org>; Graham, Carlos <CGraha m@j effci tymo.org> Subject: Re: Bolivar & McCarty PUD Ryan: Thanks for the modifications. The "allow or permit" language is a bit of a trap. What is the "affirmative requirement on the business?" if the no parking sign is not sufficient to keep people from parking there, will we need to put up a sign that says, "Please obey the no parking signs" or, if there is a violator, prove that it was not a vendor, customer, tenant or invitee of the business? I totally get the fire department's need to keep tts access unfettered. However, it remains a public way of the city, over which we have no control. Will we be expected to enforce the no parking sign? Is the city considering additional signage, such as "No Through Street", to discourage the random access to the al ley? Or, perhaps, "Violators will be towed at own expense." Maybe rather than "allow or permit", the phrase "suggest or encourage" would more accurately describe our obligation. Or "with knowledge of the blocki.ng, allow or permit." Maybe I am making a mountain out of a molehill. But if the burden and penalty for ill egal parking on a public way falls on the owner, the owner's responsibillty neEds to be clearly set forth . And the City must meet its burden of adequate signage, active enforcement and response to complaints, and adequate w i dth of the alley itself. Otherw·se, the penalty or punishment {presumably not "essentially small fines") i s left totally to the city. Revocation of a business license? Public censure? I still believe that the .phrase "in that no owner or occupant of the subject property shall allow or perm it v endors, customers, tenants, or invitees to park, idle, or block the alleyway at any time" shoul d be omitted in its e n tirety from the proposed substitute. To fail to do so exposes the development to an unreasonable risk of violati on. The remaining language adequately requires us to constrain our operations to the limits of our property, which we are and will be committed to. Coincidentally, your current proposed language would apply to trash service by its ve ry terms, notwithstanding the elimination of the previous trash service limitation. Jeff From: Moehlman, Ryan <RMoeh lman@ jeffcitymo.org> Sent: Friday, October 16, 2020 4:48 PM To: 'Jeff' <jwschae@hotmail.com> Cc: Barron, Eric <EBarron@jeffcitymo.org>; Schofield, Matt <MSchofi eld@jeffcitymo.o rg>; Turner, Jason <JTurner@jeffcitymo.org>; Graham, carlos <CGraham @ jeffcitymo.org> Subject: RE: Bolivar & McCarty PUD I app reciate your comments and h ave narrowed some o f the lan gua ge acc o r dingly . I mus t keep so m e la nguage imposi ng an affirmativ e r equ i rem ent on t h e business t o help keep custome rs, vendors, etc f rom pa rk in g in the alley. The fi r e department believes th at t his is impo rta nt enough t hat t he punishments of th e pa r king co d e (esse nt iall y sm a ll f i nes) are not enough to effectively prevent the behavior that needs to be avoided . Co ores ponden ce/Timeline Packe t Page 15 I ha v e verifie d the loca tion of Sta ti on l 's d umps ter and remov ed t he restriction on tra sh service . The amended language is as follows: The public alleyway known as "W. Wall Way" (the "alleywat) shall be designated as "'oo parking" from the intersection of the alleyway and Bolivar St. to the eastern property line of the subject property. The alleyway shall not be used in the operations of any commercia~ or residentia~ use on the subject property in that no owner or occupant of the subject property shan arklw or permit vendors, customers, tenants, or invitees to park, idle , or block the alleyway at any time. N otfrfng in this paragraph shall be construed to prohibit the use of the alleyway for general vehioldar or pedestrian access to the parking fot on the subject property which is directly adjacent to the alleyway. Thanks. R~d l, \ \(,o:h lnl:llo. Cr:• \n,•rn ~: Cii ~ ,,, krh:r ... ~•n \i i"''''l~"' · 5 --~ J t '.~ ! -t' ~ I I Rl'v lo.:h l manfW j .:rtc i tvmo.org From: Jeff [mail to:jwschae@hotmail.coml Sent: Friday, October 16, 2020 4:01 PM To: Moehlman, Ryan Cc: Barron, Eric; Schofield, Matt; Tumer, Jason; Graham, carlos Subject: Re: Bolivar & Mc.Carty PUD Ryan : Thanks for your note. As you know, tam out of state and in a location where wi-fi access 5 ~etchy. I will return Monday in time for the council meeting, but the late arrival of this issue may limit my abirrty to respond . My ability to talk with others by phone is very limited. This iss ue, though, was the subject of a meeting I had with Chief Turner prior to the P & Z meeting. I assured Chief Turner that we would take all poss ible steps to ensure the accessibility of the alleyway. We reduced the size of the back parking area specifically because we thought Chief Turner's expressed concerns were appropriate from the fire department's perspective. And, while I have no problems with the intent of this suggested language, i t may go further that is required. For instance, I have noted that the fire station's trash container is located down this same alley . l assume without really knowing that the trash container is accessed by the trash company down that alley. If that is the case , presumably the trash company would make both pickups on the same trip. Would the fire department consider allowing our location to use its currently-existing trash containers or locate our trash container next t o yours? If not, the language would require us to locate the trash containers at the front of the building, which is neither aesthetically nor olfactorily desirable. We do not intend to use the alley for operational purposes . I should note, however, that the surveyed property line indicates that about 4 of the alley's current paved surface actually encroaches on our property. That part of the surface will need to be removed for placement of the retaining wall along that boundary line. The "or other obstructi on" seems a little vague to my lawyerly mind. Frankly, the provisions. of the City Code in Art. 1, Section 22, seem to adequately control the parking on a public way. If the only purpose of the new language is to make the developer and the located business subject to penalty or required for enforcement, then I would propose the following alternative language, which shows your original proposed language, with lined- through portions: CoorespondencefTimelfne Packet Page 16 NO 13arking, idling, sleeking, er et"er el!stR:Jction sf:lall ee allowed at any time in tf:le 13~elic alle.,...va;· !ffie'.fffi as 'W. Wall Wa'( (tf:le "alleywa't'"l fr=em the intersection oft"e al!e;'Way and Boli'lar St. to tl'le eastern f:lFOperty liae oftf:Je Sl:leject wo13erty. The alleyway shall not be used in the operations of any commercial or residential use on the subject property, ineh:1aing tf:lat no owner or occutJaAt oftAe s~eject pro13erty sA all allow or permit vendors,. Et:fStomers, tenaAts, or in~ees to 13ark, idle, blociJ; or o t herwise obst:Afct tAe alleyway at any time . Solid Waste pid€ 1:113 services fer tlle s1:1bject fll'9fi1Crt)r SAall not fJerrnitted to ~se t f:Je f!Helic aUe't" .. Ji3 'f to j9FOIIide SI:IER services . Nothing in this paragraph shall be construed t o prohibit the use of the alleyway f o r general vehicular or pedestrian access to the parking lot located on the AOrtAeast (no.rthwest) side of the subject property. Let me know your thoughts. Jeff From: Moehlman, Ryan <RMo ehlman @jeffci t ymo.o rg> Sent: Friday, October 16, 2020 11:33 AM To: 'Jeff <j w scha e@hot mail.com> Cc: Barron, Eric <EBa rro n@ jeffc i t y mo.org>; Schofield, Matt <MSchofie ld @ jeffcitymo.org>; Turner, Jason <JTu rne r @jeffcity m o .o rg>; Graham, Carlos< CG raham@je f f citymo .org> Subject: Bolivar & McCarty PUD Mr. Schaeperkoetter: Myself and Planning Staff have been in discussions with the Fire Department on how t o mitigate potential negative im pacts on emergency operatrons at Rre Station 1. We have come up with a solution of affirmativ ely marking theW. Wall Way alley as no parking and includlr:~g the foUowing operation guideline in the ordinance app rovi ng t he PUD plan. Esserrt ia lly it prohibits the business and apartment on the property from using the alley as part o f its op era tions (i.e., vendor deliveries, customers idling in the alley to pop i n and grab a quick cup of coffee, trash service, etc.} so the alley will be kept clear 24/7 for emergency vehicles . We ha ve little doubt that you and your family would be gr eat neighbors to the Fire St ation and 100% hetpful in making sure important emergency services are not impacted, but we must make sure that any future owners/occupants would be equally as helpful. Th e paragraph w e would add to do so reads as follows: No parking, idling, blocking, or other obstr uc tion shall be allowed at an y t im e in the public alleyway kn own as "W. Wall Way" (the ualleywa'{) from the intersection of the alleyway and Bolivar St. to the eastern property line of the subject e roperty. The alleyway shall not be used in the o perations of any commercial o r residential use o n the subject property, including that no owner or occupant of the subject property shall allow or permit vendors , rustomers, tenants, or in v itees to park, idle, blo ck, or otherwise obstruct the alleyway at any time. Solid Waste pick up serv(ces for the subject property shall not permitted to use the public alleyway t o provide such serv ices. No t h ing in this paragraph shall be construed to prohibit the use of the alleyway fo r genera l vehicular or p edestrian acc ess to the parking lot located on the northeast side of the subject property. It is staff's intent to offer this language as part of a substitute bill on Monday night. Pl ease let us know if you ha ve any questions on this matter. Thank you. -Ryan ( i;~ .( kt'!.:r~••r. \li'"'ll. · 1 l i"lic:..:: .s-~. £>3 -1·(•-' 1-1 RMo.:hlman l@,je [Tci tvmo .om I hi' ~ununullil.:~lli 'll n1;1~ ~ .. ,ni.dn,;" 1 i~i~itti:!l Hld , .. , pri\ ik!! ..... ll U l h ii'IH,tti,,l t. 1~" ·t :li.l ' ('1 • .'~11 ..;-.:n l , .. ~,,u ;n ;..~r:\•r. : .. ' ... \h..: ~,,:H .. !l' ih.: '\."nth .. "! tt .. :· itl"-.trtJI..·til'lh •:tllh:~rnitH.~ r~turn nr J~"'u·•h.:t:tw .• !!\J d,, :tnt u..;\,.· Pr .fi,L"It"t.: til .. : :Pilh..'Jlb tP qllh:r,_ Coocespondence m melfn e Pa cke t Page 17 From: Paul Samson <psamson@cmps-inc.com> Sent: Thursday, April 8, 2021 9:50AM To: Barron, Eric <EBarron@jeffcitymo.org> Subject RE: PUD Plan -311 Bolivar Street Eric, Thanks for the call this morning. I talked to Jeff and we are going to send Jlason a p.fan and meet with them to get any issues worked out. Hopefully we wDI have a resolution bytfte end of next week. Paul Samson, PE Central Missouri Professional Services, Inc. 2500 E. McCarty St. Jefferson City, MO 65101 Phone:S73-63~3455 Fax:573-634-8898 psamson @em ps-inc.com From: Barron, Eric <EBarron@jeffcitymo.org> Sent: Thursday, April 8, 2021 8:27 AM To: Paul Samson <psamson@cmps-inc.com> Subject: PUD Plan -311 Bolivar Street EricBa"on Planning Manager City of Jefferson (573) 634-6419 Coorespondercce Packet Page18 From: Paul Samson <psamson@cmps-inc.com> Sent: Friday, April9, 20212:29 PM To: Barron, Eric <EBarron@jeffcitymo.org> Subject: Bolivar St. Site Plan Eric, I spoke with Jeff and he is good with the changes we discussed. I will send down revised drawings for Sheet C100 on Monday. Paul Samson, PE Central Missouri Professional Services, Inc. 2500 E. McCarty St. Jefferson Crty, MO 65101 Phone: 573-634-3455 Fax: 573-634-8898 psamson@cmps-inc.com Coorespondence/T'uneline Packet Page 19 From: Barron, Eric Sent: Thursday, May 6, 2021 9:07 AM To: Wade, Shane <SWade@jeffcrt ymo.org>; 'ljl5amson@cmps-inc.com ' <psamson@cmps-inc.com > Cc : Kreyling, Matt <M Kre y ling@jeffcttymcwrg>; Ba nge,. Oav id <DBange @jeffcitymo.org>; Fontan a, Don <DFontana@jeffcitymo.org>; Bonnot:,.l en <lErormot@jeffcitymo.org>; Dittmer, Usa <Ldittmer@jeffdtymo.org> Subject: RE: Coffee Shop, B & B, Oa!<b:mok Properties. 309 & 3 11 Boliva r Street-Plan Revi ew Co m ments. Eng ineering Division, 1st Review Hello Paul, The only comment by the Planning Di~isiolill is to r eference the assig ned address-311 Bolivar Stree t, on all plan sh e ets. We assigned a separate st:re:et lifl!lm ber for the u pper leve l Air BnB unit of 309 Boliva r, so maybe reference that as w ell. Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-64 19 From: Wade, Shane Sent: Wednesday, M ay 5, 20 2.1!. S:08 PM To : 'psamson@cmps-inc.co m ' < psa m son @crnps-inc.corn:> Cc: Kreyling, Matt <M Kreylin g@ jeffcitymo .o rg>; earron, Eric <EB arron@ jeffci tym o.o rg>; Bange, David <DB ange@ jeffcity mo.o rg>; Fontana, Don <DFo ntana @jeffcit ymo.org>; Bo nnot , len <LBo nn ot @j effcitymo.org>; Dittmer, Lisa <ldit t m er @j effcitvmo.org> Subject: Co ffee Shop, B & B, Oa kbrook Properties, 30 9 & 3 11 Boliv ar Street-Pl an Review Co mments, En gineering Divis io n, 1st Review Pau l- Pleas e fi nd b elow the Plan Rev ie w comments from t he Engi neer ing Di v isi on concerning th e proj ect submitta l referenced above, submitted April20, 2021 for revi ew. Topo Survev & Demolition , CO Ol. Sheet 1 of 4- 1. Up dat e the ad dress referen ces for all lo ca t ions on the site plan sheets to 3 0 9 & 311 Boliv ar Street (all shee ts). Si t e Pl an ClOD. Sh eet 2 o f 4 - 1. Provid e sizes f or t he water se rvice and m eter re fere nced in Site Notes 8 & 9. 2. Is t he pro posed sig n age to be a ligh t ed sig n? If so, w ill the buildi ng/ electr ica l plans refere nce t he location of t he electr ic service t o t he sig n? 3. Do yo u have a deta il or reference to a stand ard detail, fo r th e 6"ra ised co ncr et e island noted i n Si t e Note 24? 4 . Fo r Storm Drain age Note P 1-2, the UFL = 574.00 instea d of 554.00 . Coores pondencemmeline Padcet Page 20 5. Drainage calcu la tio ns and a d rai nage area map for pipin g an d stor m st ru ctures a ~e n eeded t o ve ri fy information prov ided for the storm drainage structures. Pl ease provide. Grading & Erosion Co ntrol Plan. C101. Sheet 3 o f 4- 1. Pr ovide owner/ m ai nt enance co ntact i nforma tion fo r th e swq/ deten tio n basin shown. 2. D ~ainage swq ca lcu lations and a drainage are a map for swq ar e needed to verify inf or m at ion provided for the storm dra ina ge struct ures. Please pr ovide. 3. Is a concrete wa shou t deta il needed for the si te, if needed? (re: SWQ Benef it s List} Construction Details. C102 . Sh eet 4 o f 4- 2. See i tem 3 . above for ClOO. 3. See item 3. abov e for C101. DA Map & Drai naae Calcula tions- 1. See i t ems 5 . above for ClOO and 2 . above for C101. SWQ/ ESC Ch eci<Jists. Ben efits Summarv- 1. See it ems 1. & 3 . above fo r Cl01. We have nb additional com me nts. I believe that the Plan nin g Di visio n has re v iewed the p lan, and ma y comment by separa te ema i l. Please double-check with Er ic Barro n. We will need four (4 ) sets o f t he fi n al revised plan for f ina l approval/ resubm i ttal. Tha nks . I s h ane wadr Shane Wader P.E. Pl an Rev i ew and Development Engineer City of Jefferson Dept. of Publi c Works Engineering Divi si on 573.634.6449 0 573 .634.6457 F swade@ jeffcitvmo.org Cooresp onden cem meline Packet Page 21 From: Jeff Schaeperkoetter <jwschae@hotmailcom> Sent: Thursday, June 24, 20212:55 PM To: Barron, Eric <EBarron@jeffcitymo.org> Cc: Wade, Shane <SWade@jeffcitymo.org> Subject: Re: Tract division application Thanks, Eric. Sent from my iPhone On Jun 24, 2021, at 1:35 PM, Barron, Eric <EBarron@jeffcitymo.org> wrote: Hello Jeff, Yes, the proposed tract division has be received, distributed, and is currently in process of review. We have been inundated lately with plan reviews of various sorts, but your submittal should be at or near the top of our first in/first out process. Sincerely, Eric Barron Planning Manager Crty of Jefferson 573-634-6419 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Wednesday, June 23,202110:13 AM To: Barron, Eric <EBarron@jeffcitymo.org> Subject: Tract division application Eric: CMPS submitted the tract divisfon application on June 1t1t. I have a contract with Union Padfic that is time- sensitive, and I don't want this to fall between the cracks. Sorry to bother you with this, but could you check and make sure this has come to the attentfon of the right people? Jeff Sent from Mail for Windows 10 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Thursday, July 15, 2021 9 :58PM To: Barron, Eric <EBarron@jeffcitymo.org> Cc: Wade, Shane <SWade@jeffcitymo.org>; dsmith@cmps-inc.com; brockwell@cmps-inc.com; Bange, David <DBange@jeffcitymo.org>; Bonnot, len <lBonnot@jeffdtymo.org>; Dittmer, Lisa <ldittmer@jeffcitymo.org> Subject: Re: Property Boundary and Tract Division Survey 600 block of West McCarty Street,-Plan Review Comments, Engineering and Planning Divisions, 1st Review Thanks, Eric, that makes sense. I will get back with you tomorrow on this after talking with Darrell about the standard language they have. Jeff Sent from my iPhone On JullS, 2021, at 9 :18PM, Barron, Eric <EBarron@jeffcitymo.org> wrote: Hello Jeff, The note is meant to recognize that the tract does not qualify as an individual buildable lot (as it, by itself, does not have street frontage-alley access does not qualify as street frontage). It is not meant to state that nothing could be built on it. It can be used forfuture expansion by you-as your adjacent property does have street frontage. The city code section is: 35-SO.C.l -all lots must have access on a dedicated public street. The note should probably be a bit longer, perhaps readin g as: This tract does not qualify as an individual buildable lot, and is intended to be transferred and combined with the neighboring tract recorded in Book--' Page __ . A tract must meet city code requirements to qualify as a buildable lot. CMPS has a standard note (similar to the above) that they put on parcel divisions. This one was m issing that note, hence the staff comment. The purpos e of course is to keep from any misunderstandings-we wouldn't want a f uture property owner to come in wanting to build something on a landlocked lot. If there's an issue with the language we can of course talk about that, but we need either a note to this effect, or, to include your tract in the survey and formall y combine them so they'd be a si ngle tract (which w ould greatly complicate things). I think I mentioned the note at our discussion at the front desk. Again, it's not meant to keep you from building on and using the property, it's meant to keep you from selling it individually off to someone else who would then want to build on it (with only a,lley access). If you have any questions I'm happy to discuss . Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-6419 On JullS, 2021, at 8:03PM, Jeff Schaeperkoetter <jws ch ae@hotm ail.com> wrote: Coo respondence/Timeline Packet Page 23 Shane: Thanks for sending this to me, but I am perplexed about Comment 5 from the Planning Department. Although I mentioned this to Eric in a pre-application meeting,. perhaps it was not dear from the application that Oakbrook Properties, l.LC., has the contract with the railroad, and this property, obviously, adjoins our current property to the west which we are devefoping. rf the new area does not qualify as a building site, I need to know what the qualifications are immediately so I can address that with the railroad. That limitation is certainly unexpected and wiD have a significant impact on our transaction. We have a dosing date coming up in early August and f need to know what disqualifies this new tract and what, if any, remediations are available that might change that. A reference to the City Code would be helpful to me. Would you please ask the Planning Department commenter to reply to me as quickly as possible? l know that Darrell of CMPS has questions about Comment 1 as welL On that one, I guess I am confused about why I am having to bear the expense of showing the detail on an adjoining tract which is not a part of the tract division application. Could the existing detail on that adjoining lot be omitted like it is on the fire station property? Jeff f l 1 I f I I E f I I I I I I I I++++++++++++++ I I I I I I I I I I I I I I I I f I I f I f I I I I I I I f I I I I I E I I I I I++++ l l I I I I I I I f l I f I I 1 l I I I I l I l I I I I I f l I I I I I I I I I I I I I I I I I I I I l I I I I I I l f I t E l r I I I l l l I f I I I I I I +++++++++++++++ I Ill I If I I I 1111111++ Sent from Mail for Windows 10 ~nn:VVade.Shane Sent: Thursday, July 15, 202110:26 AM To: dsmith@cmps-inc.com: Brian Rockwell <brockwell@cmps-inc.com> (brockwell@cmps-inc.com) Cc: Barron. Eric: Bange. David: Bon not. len; Dittmer. Usa; •;wschae@hotmail.com• Subject: Property Boundary and Tract Division Survey 600 block of West McCarty Street,-Plan Review Comments, Engineering and Planning Divisions, 1st Review Darrel and Brian- Please find below the Plan Review comments from the Engineering and Planning Divisions concerning the survey submittal referenced above, submitted June 8, 2021 for review. Parcel Division Survey- 1. For the adjacent property at 620 West McCarty, please update what is shown for the building and for the parking area. A building expansion and parking area expansion has occurred for this property, since the previous survey was performed in 2002. Recent aerial photography should show updated layouts. The d imension offset from the back property line will change due to the fai r ly recent buildi ng addition. Labe l the build ing on the adjacent property as a nrestaurant". 2. Provide a vici nity map for t he survey. 3 . Please remove "GISP'" from the signature bloc k for Sonny Sa nders signature. 4. In the title block, the owner referenced shou ld be Unio n Pacific i ns t ea d of Mo. Pacific Rai lroa d. Please cla rify. 5. Please add an additional note that "Tract B-1 does not qualify as an indiv idual building lot" to t he survey notes on the drawi ng (Planning Division comment). 6. Label the di mension N 42d 14m39s E 1 .33' in similar fashion to all other property di m ensions for I Tract B-2. vVe 1ave no additional comme n ts. Please resubmit at least two (2) original re v ised documents addressing the comments above, along w ith the reco rding fee for the final submittaL Let us know if you have any questions concerni ng the co mments. Than s. Shane W ade Shane Wadet P.E. Plan Review and Development Engineer City of Jefferson Dept. of Public Works Engineering Division 573.634.6449 0 573.634.6457 F swa de@ je ffcitv mo .or g Coorespondencemme llne Packet Page25 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Wednesday, May 18, 2022 9:07AM To: Barron, Eric <EBarron@jeffersondtymo.gav> SUbjed: Re: 309 Bolivar-Parking off of Alley Eric: Thanks for your note. I am aware, of course, of the fire department's concerns and certainly plan to talk to Chief Schofield before any request is submitted. Jeff Sent from my iPhone On May 18, 2022, at 8:05AM, Barron, Eric <EBarron@jeffersoncitymo.goV> wrote: Hello Jeff, thank you for the reply. The Fire Department has some pretty spedfic concerns about the alley and the parking off of it,. whlch were flushed out during the PUD review process and subsequent adoption of that plan by the City CounciL You can propose changes, but I'm not sure we're going to be able to process them administrativee, given that they were fairly specific items incorporated into the plan sent to Coundl. If you have a proposal In mind, you can send it to me and we'll distribute it for review/comment. Alternatively you could discuss any ideas you have directly with the Are Department. Barring approval of a revised plan, it would be expected that the parking adjacent to the alley woukl be installed according to the approved plan, including installation of the missing island. We wouldn't be in a position to issue a certificate of occupancy for the building with these plan erements missing. Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-6419 From: Jeff Schaeperkoetter <jwschae@ hotmail.com> Sent Monday, May 16, 2022 4:18 PM To: Barron, Eric <EBarron@jeffersoncitymo.goV> Subject: RE: 309 Bolivar-Parking off of Alley Eric: Thanks for the e-mail. I had specffically requested that the conaete island not be installed at the time the back parking lot was poured. I knew that the front parking lot was going to be a bigger project, and that the front's completion was weather-dependent, and wanted to maximize on-site parking as much as possible, and that island's completion would obstruct parking in the rear. Subsequently, I have considered filing an application to seek approval of an amendment to the final PUD plan to allow straight-in parking rather than the parking provided for in the final PUD Plan as approved. In reading the city code, I think this may be a minor amendment as contemplated by the code. My thinking here is that the additional parking of at least 2 or 3 spaces would be beneficial without significant impact on the area. I know the Oty is dealing with parking issues on a much larger scale in the downtown area, and the long-term benefit of additional on-site parking may be attractive to the Oty as well. CoorespondenceJTirnellne Packet Page26 Jeff Sent from Mail for Windows From: Barron, Eric <E Barr on@ jeffersonc itymo.gov> Sent: Monday, May 16, 2022 8:25:00 AM To: Jeff Schaeperk:oetter <jw sc hae@ h otmai l.co m> Subject; 309 Bolivar-Parking off of Alley Heflo Jeff, I wanted to check in and make sure that the parking arrangement off of the afley at your new bu ilding was being in staffed according to plan, with 90 degree parking spaces off of a driveway accessed from the alley {rather than head in parking from the alley). I realize that the striping is not i n yet. The concrete is land adjacent to the afley connection to Bolivar (note #24 on the attached plan) doesn't appear to be in place. ~=~:":""~=-- !:.~~"':':::-:.=-:-·· =::=---=:r ::-;;:::.-..::-.. -· .. ---~-·-·=-~·-;.: -:t---·-·--------··-~--· Eric Barron Planni ng Manager City of Jefferson (573} 534-6419 Coorespondencernmellne Packet Page27 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent Sunday, June 5, 2022 6:05 PM To: Schofield, Matt <MSchofield@jeffersoncitymo.gov>; Barron, Eric <EBarron@jeffersondtymo.gev> Cc: Scott Schaeperkoetter <Scott@signaturehomesjc.com>; Turner, Jason <JTumer@jeffersondtymo.gov> Subject: RE: Parking area at rear of new building Chief Schofield and Eric: We are looking to a completion of the building later on this month. and I am getting nervous that the parking issue is still out there without a resolution. I will be heading out of town Thursday for a few days. Could I hear from somebody on Monday to see where we are on this? Jeff Sentfrom MailforWindows From: Schofield , Matt Sent: Wednesday, May 25, 2022 6:52 PM To: Jeff Schaeperkoetter Cc: Scott Schaeperkoetter; Tur ner, Jaso n Subject: Re: Parking area at rear of new building let's look to early next week, how does 1:30 on Tuesday sound? Sent from my iPhone On May 25,2022, at 8:00AM, JeffSchaeperkoetter <jwschae@hotmail.com> wrote: Anytime today or tomorrow, then on Friday before 9 or after 3. Se nt from my iPhone On May 25, 202:2, at 7:55AM, Schofield, Matt <MSc hofield @jefferso ncitymo.gov> wrote: Mr. Scha e perkoetter, Our schedule is tight this week, what time w ere you thinking? Matthew D. Schofie l d, Fire Chi ef Jefferson City Fire Department Ci t y of Jeffers on, Misso u ri msch o field@jeffersoncitymo .gov 573 -634 -6401 155 we 72161 59721 This e-ma il t r ans m iss i on, and any documen ts , files or pr ev ious e-mail mes sage s attached to it co ntai ns i nf o rmation t hat is co nfiden t ial, and may be l ega lly pr ivi l eged, and is i ntende d for t he use of t he in dividu al or entity name d above. If you are not t he intended r eci pient, o r a person responsib le fo r deliveri ng it to t he intended r eci pient, any disclosure, copying, printing, distribution or use of any o f the info rm ation contained in or attac hed to th is t r ansmiss ion is STRICTLY PRO HI BITED. I f you have r ece ived th is t ran sm issio n i n error, please imm ediately notify the se nder by t elep ho ne o r return e-mai l and delete t he orig inal i ra nsm ission and its attachments without r ead i ng or savi ng in any man n er. Th ank you From: Jeff Schaeperkoetter <jw schae@ hotmai l.com> Sent: Tuesday, May 2:4, 2022 8 :01PM To: Schofield, Matt <MSchofield@ jeffe r soncitymo.gov> Cc: Scott Sc ha eperkoetter <scott@s ignature homes jc.com> Subject: Parking area at rear of new building Coorespondence/Timellne Packet Page 28 Chief Schofield: I was hoping it would be possible to squeeze into your schedule in the next few days what I think will be a fairly short meeting at the job site, regarding a matter of some urgency. Before that meeting, I thought it would be more efficient to lay out my thoughts via this e-mail. You may recall that the parking area for our new building between the building and Wall Way was formatted in the PUD Plan approved by the City so that the 4 parking spaces there would be oriented parallel with Wall Way. The fire department had expressed concerns regarding potential obstructions to the department's use of Wall Way. As that back parking lot was being poured, and in an attempt to facilitate on-site parking during the construction of the front parking lot, I asked that the back lot not be finished with that small island along Wall Way at the entrance from Bolivar, as provided in the Final site plan. That back parking lot is 26 feet deep from the sidewalk to Wall Way, which is, as I am told, 7 feet more than the 19 feet typically required. As a result, if vehicles were allowed to park back there perpendicular to the building (straight-in parking), they would have that extra room to back out and access Wall Way for their exit. That area is wide enough, even with the wider space required for the one handicapped space, to permit 7 or 8 spaces, which is 3 or 4 more than those which will be available with the approved parking plan. We would limit the use of that back parking lot to employees and the occasional users of the AirBnB. so that the use of the lot will be for those who will not be in and out of the lot frequently. Signage will be developed to restrict customers from using the lot. Deliveries will be made through the front parking area. I believe that the perpendicular orientation of the parking will not adversely impact the fire department's access to or use of Wall Way to a greater extent than that which will occur with the plan as approved. The change will allow additional on-site parking. which will reduce street parking in the area and the resulting impact on vehicular, pedestrian and cycling users. Additionally. it will enhance the parking for our project. The request for an amendment to the final plan can be approved administratively, and, of course, the Oty will not consider that as long as the fire department maintains its position. Because of the imminent completion of the building (we hope to have it done in the next month or so), the City will also not issue a certificate of occupancy until the back parking lot and the rest of the improvements are completed according to the plan. The completion of the small island and striping the lot per the approved plan can be done quickly, now that the front parking lot and apron are completed. I thought I would reach back out to you to see if the department's concerns are somehow alleviated by this lengthy explanation. If that were the case, your assistance in passing that along to Eric Barron might be the next step, as I think the administrative approval of the amendment can occur pretty quickly. Of course, if that is not the case, I will not be filing the request for amendment. Chief, I understand the department's expressed concerns, and your position on this will not diminish my appreciation for the department's cooperation as we have moved along here. I just thought it was important to at least give you my thoughts. My telephone number is 573-301-7514 and I will be available any time Wednesday and Thursday, with some limited time as well on Friday. I hope you are willing to meet me up there, so we can show you "on the ground" the specifics of the request. You may want Chief Turner to be there as well. Jeff Sent from Mail for Windows Coorespondence/Timellne Packet Page29 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Friday, June 3, 2022 4:01 PM To: Barron, Eric <EBarron@jeffersoncitymo.gov> Subject: RE: Project Thanks, Eric. Sent from Mail for Windows From: Barron. Eric Sent: Friday, June 3, 2022 3:54PM To: Jeff Schaeperkoetter SUbject: RE: Project Hello Jeff, Yes, a sign permit is still required. Sign permit applications are available online at: https:ljcms4files.revize.com/jeffersoncitymo/PPS/Sign%20Display%20ApQ%202022.pdf They are processed by the Building Regulations Division, and can be submitted to the permit technfcian at the front desk in a similar manner as bundling permit applications. Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-6419 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Friday, June 3, 2022 3:51PM To: Barron, Eric <EBarron@jeffersoncitymo.gov> Subject: Project 1 spoke with the fire department on Tuesday and they were going to get with you to discuss next steps for the parking. On another matter, please advise if, since the sign was part of the approved site plan, an application for a sign permit is required. This may be in another person's domain, if so, please forward this to them. Jeff Sent from Mail for Windows Coorespondencemmetfne Packet Page30 .. From: Schofield, Matt <MSchofield@jeffersoncitymo.gov> Sent: Monday, June 6, ZOZZ 6:30 PM To: Jeff Schaeperl<oetter <jwschae@hotmail.com> Cc: Barron, Eric <EBarron@jeffersoncitymo.gov>; Scott Schaeperkoetter <Scott@signaturehomesjc.com>; Turner, Jason <JTurner@jeffersoncitymo.gov> Subject: Re: Parking area at rear of new building On ~ay 31, Fire Department representatives met with Jeff Schaeperkoetter to review the request for additional parking of seven or more spaces with future parking needs considered towards the East side of the property and elimination of the curb originally agreed to in the PUD. The Fire Department is concerned this will create additional static and transient traffic that will limit access on the dead-end alley and restrict emergency vehicles, as well as interfere with required access to the communications towe ~ site at Fire Station 1. After careful consideration of the information provided on the request for additional parking already constructed at the rear of Three Story Coffee the Fire Department believes that the Final PUD site plan approved on 7-9-ZOZl already represents a substantial compromise on the part of the Fire Department that takes into account the concerns noted above. It is not in the interest of the public that we serve to further complicate traffic congestion in this limited access area . Matt ew D. Schofield, Fire Chief Jefferson City Fir e Department City of Jefferson, Missouri mschofield@jeffersoncitymo.gov 573-634 -6 401 1ss we 72 161 69721 This e-mail transm iss io n, ancl any documen ts, Ales or pre vio us e-mail m essages attached to it contai ns information that is confidentia l, and may be legally privileged, and is intended for the use of the individual or entity named above . If you are not the inte nded recipient, or a person re sponsible for d eliveri ng it to the i ntended recipient, any disc losure, copy ing, pri nting, distribu t ion or use of any of the in formation contained in or attached to this transmission is STRICTLY PROHIBITED. If you have recei ved this transmission in error, please i mmediate ly notify the se nder by te lep hon e o r r eturn e-mai l and delete the origina l transmission and its attachments w i thout readi ng or sav i ng in any manner. Than k you On Jun 5, 2022, at 6:05PM, Jeff Schaeperkoetter <jw schae@hotmail.com> wrote : Chief Schofield and Eric: We are looking to a completion of the building later on this month, and I am getting nervous that the parking issue is still out there without a resolution . I will be heading out of town hursday for a few days. Could I hear from somebody on Monday to see where we are on this? Jeff Sent from Mail for Windows From: Schofield, Matt Sent: Wednesday, May 25, 2022 6:52PM To: Jeff Schaeperkoetter Cc: Scott Schaeperkoetter; Turner, Jason Subject: Re: Parki ng area at rear of new building Let's look to early next week, how does 1:30 on Tuesday sound? Sent from my iPhone Coorespondencemme line Packet Page 31 On May 25, 2022, at 8:00AM, Jeff Schaeperkoetter <jwschae@hot m ail.com> wrote: Anytime today or tomorrow, then on Friday before 9 or after 3. Sent from my iPhone On May 25, 2022, at 7:55AM, Schofield, Matt< MSchofield@jeffersoncitymo.gmt> wrote: Mr. Schaeperkoetter, Our schedule is tight this week, what time were you thinking? lvl atthew D. Schofield, Fire Chief Jefferson Ci ty Fire Department Ci t y of Jefferson , Missou r i mschofield@jeffersondtymo.gov 573 ·634 -6401 155 we 72151 69721 This e-mail transmission, and any documents, fi les or previous e-mail mess3ges attached to it contains information that is confide ntial, and may be l egally privi leged, and is inte nd ed for the use of the i nd iv idual or ent ity name d above. I f you are not t he i nte nded recipient, or a person responsible for de liveri ng it to t he intended recip ient, any disclosu r e, copying, printing, distributio n or use of any of the in fo r mati o n co n tai ned i n or attac hed t o t his t r ansmission is STRICTLY PROH IBITED. If y ou have received this tra nsm ission in error, please im me d iately notify the sender by t e lep ho ne o r r etu rn e-mail and de lete the original transmission and its attachments without reading or sa v ing in any ma n ner. Thank you From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Tuesday, May 24, 2.022 &:01 PM To: Schofield, Matt <MSchofield@jeffersonci tymo .gov> Cc: Scott Schaeperkoetter <scott@sign aturehomesjc.com> Subject: Parking area at rear of new building Chief Schofield: I was hoping it would be possible to squeeze into your schedule in the next few days what I think will be a falri.y short meeting at the job site, regarding a matter of some urgency. Before that meeting, I thought it would! be more efficient to lay out my thoughts via this e-mail. You may recall that the parking area for our new building between the building and Wall Way was formatted in the PUD Pra~ approved by the City so that the 4 parking spaces there would be oriented parallel with Wall Way. The fire department had expressed concerns regarding potential obstructions to the department's use of Wall Way. As that back parking lot was being poured, and in an attempt to facilitate on-site parking during the construction of the front parking tot, I asked that the back lot not be finished with that small island atong Wall Way at the entrance from Bolivar, as provided in the Final site plan . That back parking lot is 26 feet deep from the sidewalk to Wall Way, which is, as I am told, 7 feet more than the 19 feet typica·lly required. As a result, if vehicles were allowed to park back there perpendicular to the building (straight-in parking), they would have that extra room to back out and access Wall Way f or their exit. Coorespondence!Timeline Paclcef Pa.ge 32 .. That area is wide enough, even with the wider space required for the one handicapped space, to permit 7 or 8 spaces, which is 3 or 4 more than those which will be available with the approved parking plan. We would limit the use of that back parking lot to employees and the occasional users of the AirBnB. so that the use of the lot will be for those who will not be In and out of the lot frequently. Sfgnage will be developed to restrict customers from using the lot. Deliveries will be made through the front parking area. I believe that the perpendicular orientation of the parking will not adversely impact the fire department's access to or use of Wall Way to a greater extent than that which will occur with the plan as approved. The change will allow additional on-site parking. which will reduce street parking in the area and the resulting impact on vehicular. pedestrian and cycling users. Additionally. it will enhance the parking for our project. The request for an amendment to the final plan can be approved administratively, and, of course, the City will not consider that as long as the fire department maintains its position. Because of the imminent completion of the building (we hope to have it done in the next month or so), the City will also not issue a certificate of occupancy until the back parking lot and the rest of the improvements are completed according to the plan. The completion of the small island and striping the lot per the approved plan can be done quickly, now that the fro,-.t parking lot and apron are completed. I thought I would reach back out to you to see if the department's concerns are somehow alleviated by this lengthy explanation. If that were the case, your assistance in passing that along to Eric Barron might be the next step, as I think the administrative approval of the amendment can occur pretty quickly. Of course, if that is not the case, I will not be filing the request for amendment. Chief, I understand the department's expressed concerns, and your position on this will not diminish my appreciation for the department's cooperation as we have moved along here. I just thought it was important to at least give you my thoughts. My telephone number is 573-301-7514 and I will be available any time Wednesday and Thursday, with some limited time as well on Friday. I hope you are willing to meet me up there, so we can show you "on the ground" the specifics of the request. You may want Chief Turner to be there as well. Jeff Sent from Mail for Windows Coorespondencemmerme Packet Page33 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Monday, June 27, 2022 10:22 PM To: Barron, Eric <EBarron@jeffersoncitymo.gov> Cc: Scott Schaeperkoetter <scott@signaturehomesjc.com> Subject: RE: 3-Story Coffee-request for Temporary CO Eric: Thanks for your note. I apologize for the late response, but I first saw this when I was at the St. louis airport picking up family in for the holidays, and am just now getting to my computer. I wanted you to have this response when you arrive in the morning to emphasize the importance of the request that Scott has made. I was aware that Scott had requested the temporary certificate of occupancy last week, and that you were not back in the office until today. I know that Scott made the request because he was told by city personnel that temporary certificates had been granted by the City in similar circumstances. I think you may be aware that the request was for the ground floor of the building, which is complete, while the upper story portion of the building can be completed within the 45-day period of the temporary certificate. The issuance of the temporary certificate is critical. The business to be located on that main floor closed its location on Dunklin Street on Saturday so that the equipment could be relocated to the new building and connected for its use on opening. That opening has been planned for Wednesday, which gives us tomorrow to get the temporary certificate in place. The back parking lot can not easily be finished at this point because the dumpster needs to remain in place for debris removal purposes, and trucks with trailers will need access to the rear of the building through which second floor completion with be accomplished. I want to make it clear that we will be requesting that the City approve an amendment to the final PUD Plan, through whatever process the City deems necessary, to provide for increased pull-in parking spaces in that rear lot. You indicated that I had "no success" with the Fire Department after discussing this. While they did not agree, I frankly found their basis for that decision to be unreasonable, and I am not willing to accept the Fire Department as the final authority on the parking amendment issue. Frankly, it denies my company as the owner of the property the full and unfettered use of a public street. I know that the City code allows minor amendments to the plan to be approved by staff, and that staff has apparently relied on the Fire Department to determine that this is not a minor amendment. If that means that the final decision on the matter must be made through the Planning and Zoning and City Council process, I am fine with that, even though the Oty knows that the process of completing the parking lot according to the current plan will cost me a significant amount of money. I would respectfully request that the temporary certificate be issued immediately so that occupancy and operations may commence as planned on Wednesday. If that can not be done, I would like to know by Tuesday noon, so we can arrange the necessary contractors to finish the parking lot as soon as possible. That may mean, of course, that those 'finishes will need to be removed and re-done at our cost if the amendment to be proposed is accepted by the City Council. I have cc'd Scott on this. To facilitate our progress, please "reply all". Jeff Sent from Mail for Windows Coorespondencemmeline Packet Page 34 From: Barron. Eric Sent: Monday, June 27, 2022 1:00 PM To: Jeff Schaeperkoetter Subject: 3-Story Coffee-request for Temporary CO Hello Jeff, We have a request from Scott with Signature Homes for a temporary CO. We still have the outstanding issue of the rear parking area. I understand you had discussions with the Fire Department on changes with no success. Can you state what your plans are for the rear parking area at this point? Eric Barron Planning Manager City of Jefferson {573) 634-6419 Coorespondencemmeline Packet Page35 From: Jeff Schaeperkoetter <jwschae@frotmail.com> Sent Tuesday, June 2.8, 202Z 4:25PM To: Kreyling, Matt <MKreyfrng@jeffersoncitymo.gov:> Cc : Scott Schaeperkoetter <Scott@sig,maturehomesjc.com>; Ba r ron, Eric <EBarron@jeffers.oncitymo.gov>; Sanders, Sonny <SSanders@jeffersoncitymo.gov>; VandeVoorde, Dan <DVan deVoorde@jeffersoncitymo.gov> Subject: Re: TCO for Th r ee St ory Coffee Matt: Thamks fur getting this done in so timely a fashion for us. We will let Dan know w he n t he roaster is m oved. Jeff Se n t from my iPhone On Jun 28, 20ll, at 3:51PM, Kreyling, Matt <M Krey ling@jefferso nci tymo.goV> wrote: Jeff, Attach ed is the TCO for the lower level at 311 Bolivar for Th ree Story Coffee to begin operating. Please be sure to contact our mechanical inspector (Dan VandeVoorde) prior to beginning operation of the coffee roaster being installed on the west end of the building. If you have any questions or need anything e lse, please feel free to call or email at any time. M atthew Kreyling, CBO Building Offidal City of Jefferson 320 E McCarty Street Jefferson Oty, MO 65101 T -(573} 634-64 10 m kr ey ling@jeffersoncitymo.gov www.jeffersoncitymo.gov Coorespondence/Timelfne Packet Page 38 -~~- ·~r-------------~=========================-==~---~·~ OCCUPANCY Department of Planning & Protective Services Division of Building Regulations 37.0 East McCart v Street, Jefferson City MO 65101 Phone : 573·63<1-61\10 Fax: 573-634-6562 Buildinc loca tion: 311 BOliVAR ST Type of Occupan cy: Type of Constr uction : Design Occup ant load: Rcl.1ted Ouilding Permit: Description Sprinkler: OWNER CAPITAl OPPORTUNITY FUND ll. C 320 NISHOOSE BLUff OR JEFFERSON CITY, MO 65101 A-2 (A sse mbly} v-n 75 (lower level only} BP21-06()(j Construction of a new 2 story building and assodated site improvements. NFPA 13 CONTRACTOH SIGNATURE IIOCIIIES OF JEFFERSON CITY INC. P.O. BOX 105738 JEFFERSON OTY, MO 65110 Restrictions: This ccrtlficiltc is to allow occupancy and operation of the coffee shop on the lower level only. Tho upper level .and north p;arklng area shall be limited to conS1ructlon access only until brought into conformance with I he! prcvlou.sly submitted and approved plans. This certlfiate expires Aucust 12, 2022. lhis is to certify U•~lthe pr~l\h~t! h~l ht~rt IM~cted and Ul! in compunce with tt:e bu ild:nff codu •n~ o:dinances of :11~ Ci~t ln~br ~~can II ~ detormined by • visual ln~p.clion of th~ buildlr\e. cuucnt Mor.ted Cotfel: 2014 Natlon•l Electric~ Cod!! 2Ql51ntcr~tiurul Duikl in t: Code 20t5 tnterr•tinNI rlumbin1 Code 2015 lntcr~tion~l RMi:lentill· Cod~ 'lO IS lnt~r nltlorul rlr~ Cod~ 1015 lnter~tio nal Cxini<la Bu'ldi"': Cede 2015 lnterrotional W.eclunlcal Cot!e lOt Slnlernatlon.ll Fuel ~ Cod2 lOIS ln tNruUun•l Swinunlr.c Pool.smtS;>J Code lhc City docs not mai<e a.r1 eu .lfant~e nr w•rrAnty a1 tn the conation of these! prerr.ises or thl! c;w lity o1 Wlltkm.onship in the c::>nttru::tion or reh•b:liation olthc prcmlsci Nor dooe1 the Crtv ;mume ~rr{ li~Mitv ~ri!in: lrc mthe iMpcction ~nd inuancc of this rempo rary Cl!rtilicate of Ocrupancy. u b specllcll!v understood that this Ccltillcatc lJcco rncs null and vcid ... ·hen sewrcd tllccugh fraud o r when chJnJ:Ci In co.1«ru,tian, cruse Is nudc without the•pproval ~~p>rtm<!nt of Plam('f'l & Protc:cth-e Services. Issued by; ----yz/ ~~-k /., Date : ~ICJlfi?v;);;> ~IDW Kreyli~. f!!Jiiding Offrdai I / (.J I ' CoorespondencefTimeline Packet Page37 From: Jeff Schaeperkoetter <jwschae@hotmaft.com> Sent: Monday, July 11, 2022 8:10 AM To: Barron, Eric <EBarron@jeffersoncitymo.gav> Cc: Sanders, Sonny <SSanders@jeffersoncitymo.goV>; Schofield, Matt <MSchofield@jeffersondtymo.goW'; Turner, Jason <JTumer@jeffersondtymo.gov> Subject: RE: Parking area at rear of new buifding Eric: I will be filing the amendment form, hopefully this morning. I do appreciate that you responded last week in a timely fashion for me to meet the filing deadline. I still think that this shoukl be consldered as a minor change. The use of (b)(2) and (d)(4) as the basls for staff dedding it is not a minor change is interesting to me. Is this really a relocation or just a change of orientation 1 Does any increase in parking spaces increase the demand for traffic drculation? Taking this through the Planning and Zoning and City Coundl process just adds to the time and expense of the project. Also, my memory may be slipping, but I do not recall that the parking area was any significant part of the Crty Council meeting. Staff may have had pre-meeting discusslons with council members, but I was not privy to those atSC.USSfons. I guess the recording of the meeting would be the avaifable, and it might be good for you to provide me with that. All that being said, if staff reconsiders and determines that this is a minor change that it can approve administratively, f am obviously fine with that. Jeff Sent from Mail for Windows From: Barron. Eric Sent: Friday, July 8, 2022 5:12 PM To: Jeff Schaeperkoetter Cc: Sanders. Sonny; Schofield, Matt Turner. Jason Subject: RE: Parking area at rear of new building Hello Jeff, I'll direct you to the Major PUD Plan Amendment process for this request. Staff do not believe it falls into a Minor PUD Amendment category for the following reasons: Section 35-74.C.S.b.(2) regarding minor changes not to relocate parking areas closer than 10 feet to a street right-of-way line. Section 35-74.C.S.d.(4) regarding minor changes not being authorized for increased demand for traffic drwfatlon. Also, the parking area adjacent to the alley was a major item of review, consideration, and presentation to the City Council. It is staffs view that only a City Coundl action can amend such an item. The process would be for an Amendment to the Final PUD Plan. The process is essentially the same as the initial PUD approval process, and involves public notification (induomg maifed letters to neighbors and property sign posting), public hearing before the P&Z Commission, and public hearing before the City Council. Application form is available at: https://cms4files.revize.com/jeffersoncitymo/P&Z and BOA postings/app·PUD- Revised%20Ju lv%202018.odf Applicable attachments would be: Written narrative desaibing the request. Site Plan drawing showing the requested change. Application fee of $700 Any other relevant information. The PUD approval at the City Coundl had some specific references to the alley. I have attached Ordinance 16083. lil.e Final PUI[) Pfan (approved administratively by staff per Section 35-74.C4.e) is also attached. The a~plkatio~ deadline for the August meeting of the Planning and ZaRing Commission is Monday, July 11. The Fffing Deadli.ne Calendar, with meeting schedules for both the P&Z Commiss:foo. and City Council, is available at: https://cms4files.revize.com /jeffersoncitymo/2022 %20P Z%20Filing%20Calenda r%20Public.pdf If y-ow have an,~ questions let me know. Sincerefy, Eric Barron Planning Manager Citv of Jefferson 5-7!3-63:4-6419 From: Jeff Schaepe.rkoetter <jws c hae@h otmail.com > Sent: Thurs:day.luly 7, 2022 2:36PM To: B'arron, Eric <.EBarron @jeffersoncit y mo.goV> Cc: S.cftofiefd,. Matt< M Schofield@jeffersoncitymo.goV>; Turner, Jason <J Turner@ jeffersoncity mo.goV> Subje.ct; FW: Parking area at rear of new building Eric: As f indicated to you earlier, I will be filing a request to amend the PUD Plan for the property at 309/311 BoHvar Street I want to make sure that I follow the correct procedure, and am relying o n Section 35-74 for that procedure. Please advis:e that f am relying on the proper code section for filing the prroposed amendment. I note that that s.ection requires the applicant to provide the Director with an erwetope and notice addressed to any person who testified regarding the project at a prior public meeting. i recall that a neighbor testified at the Oty Council meeting, and would request that you provide me with the name and address of aU persons who testified at either the Planning and Z'oni~g Commission or Council meeting. If yo1.1 woutd prefer,, I can glean that information from the minutes of the meetings, in which case I would need a copy ofthem, whi.ch can be sent to me electronically. I will be requesting that the amendment be deemed a minor change, and, of course, am prepared to present the request to the Planning and Zoning Commission and City Council as necessatry. I assume t.hat, ifthe P & Z process is necessitated by a staff decis.io,n that this is not a minor change, there may be a notice requirement, and I would appreciate it if you would p.rovide me with the notice requirements so I can determine whether the August 4 P & Z meeting is a possibility. Your earliest possible response is requested as the timililg of this is important to us . Jeff Schaeperkaetter Capitol Opportunity Fund, L.L.C. Sent from Mail for Windows Coorespondencerrimellne Packet Page 39 On Aug 29, 2022, at 1:34 PM, Barron, Eric <EBarron@jeffersoncitymo.gov> wrote: Hi Jeff, I'd probably refer you to the law department on any contract regarding the tower. The meeting at the City Council on September 6 is just bill introduction. If there are concerns about the language of the bill there should be ample time to address them prior to public hearing/bill passage on September 19. It would be a standard bill approving a PUD plan amendment, with the condition that the P&Z Commission placed on it. Sincerely, Eric Barron Planning Manager City of Jefferson 573-634-6419 From: Jeff Schaeperkoetter <jwschae@hotmail.com> Sent: Monday, August 29, 2022 1:27 PM To: Barron, Eric <EBarron@jeffersoncitymo.gov> Cc: Sanders, Sonny <SSanders@jeffersoncitymo.gov>; Kreyling, Matt <MKreyling@jeffersoncitymo.gov> Subject: RE: Oty Council meeting on proposed amendment Than ks, Eric . l had intended to cc Mr. Sanders and Mr. Kreyling as they were on a previous email. Since the concerns ex pressed by staff did not only involve the fire department's issues, l just wanted to inquire sol can be prepared for the hearing before the City Council. I have rear ranged a flight schedule to come back to Jefferson City early for the Council meeting, and learn ing the bill language and recommendation on the Thursday or Friday before the cou ncil meeting does not provide much of an opportunity to prepare for the hearing. I have as ked Kortney to give me a link to the P & Z hearing. To help me prepare further for the City Council hearing, 1 would also like a copy of the contract with the tower company so I can see the language guaranteeing them access to the tower site. I am not sure who would have this, so let me know if I need to contact somebody else. leff Sent from M ail for Windows From: Barron, Eric Sent : Monday, August 29, 2022 8:11 AM To: Jeff Sc hae perkoetter Cc: Sande rs, So nny; Kreylin g, M att Subject: RE: Oty Council meeting on proposed amendment Hello Jeff, Coo respondenceffimeline Packe t Page 40 Staff recommendations do not typicalfy change between the P&Z and City Council meetings. That being said, if you're looking for feedback from the Fire Department on their thoughts, I'd refer yo~ d"wediy to them. I noticed th1t you copied Matt Kreyling (the Building Official) on this email. If you were intending Matt Scfte!J'field (the Fire Chir you may have tagged the wrong email address. The City Cou1ncil packets typically are posted by the Clerk by Thursday/Friday before the Council Meeting. lititat posting includes the bill and bill summary with recommendation. Sincerely, Eric Barron I Planning Manager City of Jeffe ~son s73-634-64 V9 From: Jeff S9haeperkoetter <jw schae@hotmai l.com> Sent: Wednesday, August 24, 2022 1:56 PM To : Barron, ~ric <EBarron@jeffersoncitymo.gov>; Kreyling, Matt <MKreyling@jefferson citymo.gov>; Sanders, Sonny <SS anders@ Jeffersoncitymo.goV> Subject: City' Council meeting on proposed amendment Gentlemen: As I prepare for the Gty Council meeting. I need to inquire as to the position City staff (i ndudingtlne fire department) will take on the proposed amendment now that P & Z ha.s r ecommended ap proval Jeff Sent from M il for Windows Cootespondencef!imeline Packet Pa ge 4·1 City of Jefferson Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 December 27, 2022 Dear Property Owner: Carrie Tergin, Mayor Sonny Sanders, AICP, Director Phone: 573-63'.4-6410 Fax: 573-634-6457 This letter is to notify you tha,t the Jefferson City Planning and Zoning Commission will meet at 5:15 p .m . on Thursday, January 12, 2023 in the Council Chambers of the Joh n G. Christy Municipal Building, 320 East McCarty Street to consider th e following matters (see map on back): Case No. P23003 -30S & 3\11 Bolivar Street, Amendment to PUD Plan. Request filed by Capital Opportunity Fund LLC , property owner, to amend the approved PUD Planned Unit Deve lop me nt plan to change the number and orientation of parking, spaces located on the north side of the property adjacent to West Wall Way. The property is. rocated on the northeast comer of the intersection of West McCarty Street and Bolivar Street and is described as the northerly part of Inlet No. 424, in the City of Jefferson, Cole County, Missouri. 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 com ments may be d irected to the Planning and Zoning Comm is.sion in one of the following ways: e-mail: J CP ianning@jeffers:oncitymo.gov fax : Dept. of Planning andl Protective Services I Planning Divisio n 573-634-6457 mail: Dept. of Planning and Protective Services I Planning Division John G . Christy Municipal Buifding, 320 E. McCarty Street Jefferson City, MO 65101 Written co mm ents 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 written comments in advance a ue invited to deliver their com ments to th e Commission Chairman only at th e meeting. Correspondence received after 1:00 p.m. on the day of th e meeting will be included in the official record, but there is no guarantee that copies will be made for d istribution to aU Commission members. For your information, this case is tentatively sched uled for a public hearing in front of the City Counci l on February 20, 2023. The City Council meets at 6 :00p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Streel Informati o n regarding this case' may be viewed on the Planning and Zoning Commission webpage at: https://w w w.je fferso ncitym o.g ov/gove rnmenUp lanning /pla nn inq an d zon in o comm ission.php Please contact the Planning and Zoning Division via phone at 573.634.6573 with pertinent questions. Best Regards, ~ Kortney Bliss Planner 1 Individuals should co n tact the ADA Coordinator at (573) 634-6570 to request accommodations o r alternative formats as required under the America>ns with Disa bil i ties Act. Please allow three business days to process th e requ est. Please call (573) 634-64J 0 with questions regarding agenda items. Case No. P23003 309 & 31 1 Bol ivar Street Major PUD Pfan Amendment 185 ft. Notification Buffer 0 40 60 160 240 320 ------Feet Jefferson City Planning and Zoning Commission Property Owner list Case No. P23003 309 & 311 Bolivar Street 12/28/22 1914 PROPERTIES L L C STLOUIS, MO 63101 1234 ASHBURY WAY WARDSVILLE, MO 65101 AMERICAN TOWER CORP SITE #274000 %PROPERTY TAX PO BOX 723597 ATLANTA, GA 31139-0597 AT&T SERVICES AT&T SERVICES TOWER PROPERTY TAX TEAM 754 PEACHTREE ST N E 16TH FLOOR ATLANTA, GA 30308 BRYAN, JOSEPH T 304 BOLIVAR ST JEFFERSON CITY, MO 65101 CAPITAL OPPORTUNITY FUND L L C 320 NISHODSE BLUFF DR JEFFERSON CITY, MO 65101 JEFFERSON CITY DISTRIBUTORS INC 301 CONSTITUTION DR JEFFERSON CITY, MO 65109 KALUGINA, SVETLANA 306 BOLIVAR ST JEFFERSON CITY, MO 65101 LINCOLN CENTER L L C 1718 HAYSELTON DR JEFFERSON CITY, MO 65109 MASTROGIANNIS PROPERTIES LL C 117 MONTEREY DR JEFFERSON CITY, MO 65109 MISSOURI LOCAL GOVERNMENT EMPLOYEES RETIREMENT SYSTEM (LAGERS) PO BOX 1665 JEFFERSON CITY, MO 65102 MISSOURI PACIFIC RAILROAD MISSOURI STATE OF PO BOX809 JEFFERSON CITY, MO 65102 OAKBROOK PROPERTIES L L C 320 NISHODSE BLUFF JEFFERSON CITY, MO 65101 RADEMANN, EDWIN A & JUDY A TRUSTEES 4820 RAINBOW HILLS RD JEFFERSON CITY, MO 65109 SCHRIMPF, STEVEN 2820 BRUSH CREEK CT JEFFERSON CITY, MO 65109 SIMS, WILLIAM DOUGLAS TRUSTEE 330 BOLIVAR ST JEFFERSON CITY, MO 65101 WANSING, FRANKLIN G 310 BOLIVAR ST JEFFERSON CITY, MO 65101 JC Parks has engaged Keen Independent Research to create a Cultural Arts Master Plan. W e are: 26-person arts and economic consulting and research firm with staff across the country Staff have planned, led, operated, and marketed for arts and cultural organizations, arts festivals and public events Substantial experience developing master plans, feasibility studies, performing due diligence and coordinating complex studies with multiple stakeholders Jefferson City Cultural Arts Master Plan 1 2 6. Work Schedule Study Tasks A.Assess the current state of the arts in Jefferson City, MO B.Create a comprehensive data list of arts and cultural assets C.Widespread community engagement D.Analyze the current strengths, weaknesses, opportunities and threats E.Research the economic impact of the arts F.Explore opportunities for collaboration G.Define the City and other organization’s roles H.Develop and follow a communications plan I.Prepare and present a draft Cultural Arts Master Plan for review and feedback J.Prepare and present the final Cultural Arts Master Plan K.Present a summary of the findings and Master Plan to the Parks Commission JAN FEB MAR APR MAY JUN JUL AUG 2023 Revenue Model Report For the Period Ending January 31, 2023 Data as of February 20, 2023 FY 2023 YTD Actual Projected Over/ Description Budget As of 2/20/2023 (Under) Budget Sales Tax and Use Tax $13,500,000.00 $2,475,789.66 $328,869.94 Intergovernmental Taxes $2,586,000.00 $183,276.42 $35,838.90 Other Taxes $94,000.00 $12,866.68 ($2,255.17) Franchise & Utility Tax $6,287,000.00 $1,064,286.61 $135,478.09 Property Taxes $5,791,659.76 $5,663,304.69 $212,099.39 Charges for Services $3,085,247.19 $1,962,754.66 ($2,511.05) Fees, Licenses, & Permits $956,105.14 $209,126.64 ($33,134.55) Fines & Forfeitures $406,500.00 $104,850.79 $1,521.90 Contributions/Donations $362,344.33 $29,822.61 $0.04 Other Operating Revenues $134,619.17 $101,927.84 $40,901.57 Interest Income $120,000.00 $67,068.23 $53,258.60 Other Non Operating Revenue $63,575.00 $36,469.00 $0.00 Operating Transfers In $3,023,994.60 $3,007,454.18 $2,468.76 Totals $36,411,045.19 $14,918,998.01 $772,536.39 This schedule does not reflect variances in budget vs. actual for grants, as grants are typically reappropriated from year to year until the grant expires. This schedule does not reflect variances in budget vs. actual for contributions/donations that have designated reserve accounts. FY2023Revenue Model Report (Detail)Remaining For the Period Ending January 31, 2023 YTD Actual Estimated Revenues Actual & Estimated Projected Over/Verification Description Budget As of 2/20/2023 As of 2/20/2023 TOTAL (Under) Budget of FormulasSales Tax and Use Tax 10-100-400010 Sales Tax $13,500,000.00 $2,475,789.66 $11,353,080.28 $13,828,869.94 $328,869.94 $328,869.94 10-100-400020 Sales Tax Interest $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $13,500,000.00 $2,475,789.66 $11,353,080.28 $13,828,869.94 $328,869.94 $328,869.94Intergovernmental Taxes 10-100-401030 Motor Vehicle Sales Tax $637,000.00 $58,259.62 $588,063.32 $646,322.94 $9,322.94 $9,322.94 10-100-403010 Gasoline Tax $1,299,000.00 $125,016.80 $1,200,499.15 $1,325,515.95 $26,515.95 $26,515.95 10-100-430080 Road & Bridge Tax $650,000.00 $0.00 $650,000.00 $650,000.00 $0.00 $0.00 $2,586,000.00 $183,276.42 $2,438,562.48 $2,621,838.90 $35,838.90 $35,838.90Other Taxes 10-100-403020 Cig Tax $94,000.00 $12,866.68 $78,878.15 $91,744.83 ($2,255.17)($2,255.17) $94,000.00 $12,866.68 $78,878.15 $91,744.83 ($2,255.17)($2,255.17)Franchise & Utility Tax 10-100-410020 Electric Utility Lic Tax $4,019,000.00 $566,058.79 $3,516,297.92 $4,082,356.71 $63,356.71 $63,356.71 10-100-410021 Electric Utility-AUDIT $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-410030 Gas Utility License Tax $920,000.00 $257,596.84 $758,457.42 $1,016,054.26 $96,054.26 $96,054.26 10-100-410052 Telephone/Cell Utility $1,090,000.00 $171,889.22 $887,116.42 $1,059,005.64 ($30,994.36)($30,994.36) 10-100-410053 Telephone/Cell Audit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-410060 Cable Franchise Fee $258,000.00 $68,741.76 $196,319.73 $265,061.49 $7,061.49 $7,061.49 $6,287,000.00 $1,064,286.61 $5,358,191.48 $6,422,478.09 $135,478.09 $135,478.09Property Taxes 10-100-420010 Current Property Tax $5,053,000.00 $5,146,839.25 $197,110.39 $5,343,949.64 $290,949.64 $290,949.64 10-100-420020 Del Property Tax $60,000.00 $20,938.68 $8,542.56 $29,481.24 ($30,518.76)($30,518.76) 10-100-420040 Fin Institution Tax $32,000.00 $40,355.49 $0.00 $40,355.49 $8,355.49 $8,355.49 10-100-420050 Prop Tax Int & Penalties $31,000.00 $6,903.69 $22,587.75 $29,491.44 ($1,508.56)($1,508.56) 10-100-420055 Surtax Receipts - County Reimb $41,659.76 $0.00 $41,659.76 $41,659.76 $0.00 $0.00 10-100-420060 Surtax Receipts $508,000.00 $420,291.45 $28,594.57 $448,886.02 ($59,113.98)($59,113.98) 10-100-420080 Special Tax Rev $66,000.00 $27,976.13 $41,959.43 $69,935.56 $3,935.56 $3,935.56 $5,791,659.76 $5,663,304.69 $340,454.46 $6,003,759.15 $212,099.39 $212,099.39Charges for Services 10-100-440010 Admin Charge Backs $1,638,418.00 $1,639,825.00 $0.00 $1,639,825.00 $1,407.00 $1,407.00 10-100-440050 Emt Reimbursement $25,000.00 $0.00 $25,000.00 $25,000.00 $0.00 $0.00 10-100-440210 Street Cuts $32,000.00 $7,150.00 $24,516.29 $31,666.29 ($333.71)($333.71) 10-100-440910 Fuel Charge - backs $20,000.00 $3,645.88 $17,420.56 $21,066.44 $1,066.44 $1,066.44 10-100-440920 Parts Charge backs $236,410.00 $66,980.26 $177,159.48 $244,139.74 $7,729.74 $7,729.74 10-100-440930 Labor Charge backs $266,590.00 $52,913.25 $204,974.38 $257,887.63 ($8,702.37)($8,702.37) 10-100-481020 Cole Cty Animal Rescue $127,260.12 $31,348.45 $95,445.09 $126,793.54 ($466.58)($466.58) 10-100-481030 Rent City Hall/Annex $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-481040 Rent Other $12,000.00 $0.00 $12,000.00 $12,000.00 $0.00 $0.00 10-100-481045 Rent-tower Sites $186,000.00 $17,106.84 $174,256.39 $191,363.23 $5,363.23 $5,363.23 10-100-481065 Parking Spot Maintenance $30,000.00 $30,000.00 $0.00 $30,000.00 $0.00 $0.00 10-100-481075 Cole Cty 911 Reimb $472,493.07 $109,200.98 $354,369.78 $463,570.76 ($8,922.31)($8,922.31) 10-100-481080 Sale Of Maps/GIS Data $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-481085 Cole Cty GIS Joint Coop $15,000.00 $3,750.00 $11,250.00 $15,000.00 $0.00 $0.00 10-100-481100 Sale Of Grave Sites $2,919.00 $834.00 $2,432.50 $3,266.50 $347.50 $347.50 10-100-481105 TIF Administration Fee $21,157.00 $0.00 $21,157.00 $21,157.00 $0.00 $0.00 10-100-481110 Long & Short $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,085,247.19 $1,962,754.66 $1,119,981.48 $3,082,736.14 ($2,511.05)($2,511.05)Fees, Licenses, & Permits 10-100-450010 Liquor Licenses $78,000.00 $1,227.50 $77,697.90 $78,925.40 $925.40 $925.40 10-100-450020 Business Licenses $220,000.00 $84,348.08 $135,322.05 $219,670.13 ($329.87)($329.87) 10-100-450021 Home Occupation Permit $1,800.00 $0.00 $1,581.82 $1,581.82 ($218.18)($218.18) 10-100-450040 Abandoned Bldg. Regist.$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-450041 Abandoned Bldg. Admin Fee $8,000.00 $11,025.00 ($3,025.00)$8,000.00 $0.00 $0.00 10-100-450045 Building Construct. Fees $316,355.14 $33,334.97 $237,349.63 $270,684.60 ($45,670.54)($45,670.54) 10-100-450050 Electrical Certificates $30,000.00 $15,040.00 $13,166.43 $28,206.43 ($1,793.57)($1,793.57) 10-100-450060 Electrical Permits $10,000.00 $1,063.00 $8,137.65 $9,200.65 ($799.35)($799.35) 10-100-450070 Plumbing Licenses $12,400.00 $8,683.00 $6,472.23 $15,155.23 $2,755.23 $2,755.23 10-100-450080 Plumbing Permits $11,500.00 $7,889.81 $10,165.28 $18,055.09 $6,555.09 $6,555.09 10-100-450090 Other Lic & Permits $2,000.00 $486.00 $1,374.04 $1,860.04 ($139.96)($139.96) 10-100-450091 Day Care Inspection Fees $4,500.00 $2,190.00 $3,499.73 $5,689.73 $1,189.73 $1,189.73 10-100-450092 Food Inspection Fees $90,000.00 $5,678.08 $85,182.47 $90,860.55 $860.55 $860.55 10-100-450100 Curb Cut Permits $1,000.00 $55.00 $699.91 $754.91 ($245.09)($245.09) 10-100-450110 Board Of Adj Fees $1,600.00 $800.00 $1,283.95 $2,083.95 $483.95 $483.95 10-100-450120 Sign Permits $6,000.00 $1,926.00 $4,372.27 $6,298.27 $298.27 $298.27 10-100-450130 Demolition Permits $3,000.00 $1,273.00 $2,417.48 $3,690.48 $690.48 $690.48 FY2023Revenue Model Report (Detail)Remaining For the Period Ending January 31, 2023 YTD Actual Estimated Revenues Actual & Estimated Projected Over/Verification Description Budget As of 2/20/2023 As of 2/20/2023 TOTAL (Under) Budget of Formulas 10-100-450150 Acc Rep Fees-police $7,000.00 $1,927.50 $5,232.71 $7,160.21 $160.21 $160.21 10-100-450160 Accrpt/blastg P-fire $1,150.00 $71.70 $938.58 $1,010.28 ($139.72)($139.72) 10-100-450170 Animal Redemption Fees $98,000.00 $17,150.00 $78,778.17 $95,928.17 ($2,071.83)($2,071.83) 10-100-450180 Animal Vaccinations Fees $4,000.00 $1,350.00 $3,155.38 $4,505.38 $505.38 $505.38 10-100-450185 Animal Cremation Fees $35,000.00 $5,092.00 $28,715.66 $33,807.66 ($1,192.34)($1,192.34) 10-100-450186 Animal Boarding Fees $0.00 $1,790.00 $0.00 $1,790.00 $1,790.00 $1,790.00 10-100-450190 Taxi Permits $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-450230 Vacating Right Of Way $0.00 $136.00 $0.00 $136.00 $136.00 $136.00 10-100-450250 Rezoning Request $0.00 $2,525.00 $0.00 $2,525.00 $2,525.00 $2,525.00 10-100-450255 Planning & Zoning Review Fees $13,500.00 $4,065.00 $10,349.31 $14,414.31 $914.31 $914.31 10-100-450260 Non-refundable Plans/spec $1,300.00 $0.00 $976.29 $976.29 ($323.71)($323.71) $956,105.14 $209,126.64 $713,843.95 $922,970.59 ($33,134.55)($33,134.55)Fines & Forfeitures 10-100-460010 Court Cost $34,000.00 $8,175.39 $25,175.98 $33,351.37 ($648.63)($648.63) 10-100-460015 Court Restitutions $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-460018 Inmate Security Fund $5,300.00 $1,353.00 $3,959.74 $5,312.74 $12.74 $12.74 10-100-460020 Jail Cost Recovery $200.00 $0.00 $135.37 $135.37 ($64.63)($64.63) 10-100-460025 Alcohol Offense Cost Rec $5,300.00 $1,439.00 $4,143.46 $5,582.46 $282.46 $282.46 10-100-460030 Pol Fines-traffic $330,000.00 $86,813.38 $245,347.30 $332,160.68 $2,160.68 $2,160.68 10-100-460090 Parking Fines $38,000.00 $8,370.00 $29,384.30 $37,754.30 ($245.70)($245.70) 10-100-460100 Bankcard Charges ($6,300.00)($1,299.98)($4,975.05)($6,275.03)$24.97 $24.97 $406,500.00 $104,850.79 $303,171.11 $408,021.90 $1,521.90 $1,521.90Contributions/Donations 10-100-480055 JC Fire Museum $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-480090 Police K-9 Donations $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-481055 Street Repair-Solid Waste Cntr $362,344.33 $29,822.61 $332,521.76 $362,344.37 $0.04 $0.04 $362,344.33 $29,822.61 $332,521.76 $362,344.37 $0.04 $0.04Other Operating Revenues 10-100-480010 Citizen Participation $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-480011 Police Evidence Funds $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-481070 Miscellaneous $78,619.17 $61,065.73 $21,568.87 $82,634.60 $4,015.43 $4,015.43 10-100-481072 TIF Prof Svcs Deposit $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-481074 Revenue Share - Purchasing Card $16,000.00 $1,882.78 $13,910.50 $15,793.28 ($206.72)($206.72) 10-100-481077 Insurance Claims $20,000.00 $38,979.33 $18,113.53 $57,092.86 $37,092.86 $37,092.86 10-100-481078 Cafeteria Refunds $20,000.00 $0.00 $20,000.00 $20,000.00 $0.00 $0.00 $134,619.17 $101,927.84 $73,592.90 $175,520.74 $40,901.57 $40,901.57Interest Income 10-100-470010 Interest $120,000.00 $67,068.23 $106,190.37 $173,258.60 $53,258.60 $53,258.60 $120,000.00 $67,068.23 $106,190.37 $173,258.60 $53,258.60 $53,258.60Other Non Operating Revenue 10-100-485050 Sale Of Assets $63,575.00 $36,469.00 $27,106.00 $63,575.00 $0.00 $0.00 10-100-486020 Capital Contribution-Developer $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $63,575.00 $36,469.00 $27,106.00 $63,575.00 $0.00 $0.00Operating Transfers In 10-100-490240 Trsfr From Lodging Tax $24,700.00 $8,159.58 $19,009.18 $27,168.76 $2,468.76 $2,468.76 10-100-490355 Transfer from CIT 'G'$0.00 $0.00 $0.00 $0.00 $0.00 $0.00 10-100-490500 Transfer from Public Safety Tax $2,999,294.60 $2,999,294.60 $0.00 $2,999,294.60 $0.00 $0.00 10-100-490630 Transfer from Self Funded Hlth Ins $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3,023,994.60 $3,007,454.18 $19,009.18 $3,026,463.36 $2,468.76 $2,468.76 $36,411,045.19 $14,918,998.01 $22,264,583.57 $37,183,581.58 $772,536.39 $772,536.39 Memo To:Steve Crowell From:Shelby Convery Date:February 7, 2023 Re:Sales Tax Revenues The City received the February 1% Sales Tax in the amount of $1,216,173 which is $95,901 more than projected for February. January through February overage is $28,870 (2.44%) in the General Fund. 1% General Sales Tax Receipt Actual Budget Period Receipts Projection Variance Nov-22 Jan-23 $1,259,616 $1,026,648 $232,968 Dec-22 Feb-23 $1,216,173 $1,120,272 $95,901 Jan-23 & Oct-Dec 22 Qtrly Mar-23 $1,125,672 Feb-23 Apr-23 $959,706 Mar-23 May-23 $941,216 Apr-23 & Jan-Mar 23 Qtrly Jun-23 $1,289,592 May-23 Jul-23 $1,135,175 Jun-23 Aug-23 $1,147,955 Jul-23 & Apr-June 23 Qtrly Sep-23 $1,270,875 Aug-23 Oct-23 $1,170,133 Sep-23 Nov-23 $1,051,691 Oct-23 & Jul-Sept 23 Qtrly Dec-23 $1,261,065 Total Overage/Shortfall $2,475,789 $13,500,000 $328,870 1/2% Capital Improvement Tax - Sales Tax G & H Receipt Actual Budget Period Receipts Projection Variance Nov-22 Jan-23 $614,170 $ 519,792 $94,378 Dec-22 Feb-23 $603,664 $ 556,425 $47,239 Jan-23 & Oct-Dec 22 Qtrly Mar-23 $ 563,512 Feb-23 Apr-23 $ 477,122 Mar-23 May-23 $ 474,411 Apr-23 & Jan-Mar 23 Qtrly Jun-23 $ 641,494 May-23 Jul-23 $ 572,975 Jun-23 Aug-23 $ 577,523 Jul-23 & Apr-June 23 Qtrly Sep-23 $ 636,773 Aug-23 Oct-23 $ 578,954 Sep-23 Nov-23 $ 520,413 Oct-23 & Jul-Sept 23 Qtrly Dec-23 $ 630,606 Total Overage/Shortfall $1,217,834 $6,750,000 $141,617 1/2% Parks Sales Tax Receipt Actual Budget Period Receipts Projection Variance Nov-22 Jan-23 $614,170 $ 469,739 $144,431 Dec-22 Feb-23 $603,664 $ 502,835 $100,829 Jan-23 & Oct-Dec 22 Qtrly Mar-23 $ 509,438 Feb-23 Apr-23 $ 431,180 Mar-23 May-23 $ 428,728 Apr-23 & Jan-Mar 23 Qtrly Jun-23 $ 579,722 May-23 Jul-23 $ 517,610 Jun-23 Aug-23 $ 521,910 Jul-23 & Apr-June 23 Qtrly Sep-23 $ 575,455 Aug-23 Oct-23 $ 523,202 Sep-23 Nov-23 $ 470,300 Oct-23 & Jul-Sept 23 Qtrly Dec-23 $ 569,882 Total Overage/Shortfall $1,217,834 $6,100,000 $245,260 1/4% Public Safety Tax Receipt Actual Budget Period Receipts Projection Variance Nov-22 Jan-23 $305,603 $ 259,896 $45,707 Dec-22 Feb-23 $301,101 $ 278,212 $22,889 Jan-23 & Oct-Dec 22 Qtrly Mar-23 $ 281,756 Feb-23 Apr-23 $ 238,561 Mar-23 May-23 $ 237,206 Apr-23 & Jan-Mar 23 Qtrly Jun-23 $ 320,747 May-23 Jul-23 $ 286,487 Jun-23 Aug-23 $ 288,761 Jul-23 & Apr-June 23 Qtrly Sep-23 $ 318,386 Aug-23 Oct-23 $ 289,477 Sep-23 Nov-23 $ 260,207 Oct-23 & Jul-Sept 23 Qtrly Dec-23 $ 315,303 Total Overage/Shortfall $606,704 $3,375,000 $68,596 Period Reporting Period Reporting Period Reporting Period Reporting City of Jefferson, Mo. - Account Analysis Account Name General Fund Sales Tax Rate: One percent (1%) Receipt Month: FEBRUARY 2023 Account Number 10-100-400010 Prior 5 years Monthly REPORTING PERIOD RECEIPT PERIOD 2015 2016 2017 2018 2019 2020 2021 2022 2023 Average Nov January 944,619 929,179 1,083,570 884,259 1,071,917 1,049,305 986,180 1,023,976 1,259,616 act. 1,003,128 Dec February 727,437 812,670 806,789 927,290 885,496 942,049 971,262 1,222,207 1,216,173 act. 989,661 Jan & Oct-Dec Qtrly March 1,091,021 1,183,675 1,073,842 1,155,742 1,088,631 1,066,146 1,115,596 1,103,825 1,125,672 est. 1,105,988 Feb April 1,059,943 893,024 843,561 986,714 892,285 949,276 895,779 1,000,444 959,706 est. 944,900 Mar May 618,854 648,305 687,741 709,248 731,421 828,799 861,134 981,749 941,216 est. 822,470 Apr & Jan-Mar Qtrly June 1,045,933 1,119,566 1,000,942 1,042,310 1,126,211 1,093,256 1,297,057 1,227,939 1,289,592 est. 1,157,354 May July 963,280 1,012,207 1,154,051 1,117,038 979,846 1,139,419 1,112,675 1,109,974 1,135,175 est. 1,091,790 Jun August 562,996 661,518 678,636 821,132 770,155 912,996 996,635 1,251,810 1,147,955 est. 950,546 Jul & Apr-Jun Qtrly September 1,185,891 1,197,976 1,143,504 1,129,543 1,262,838 1,228,769 1,224,960 1,263,389 1,270,875 est. 1,221,900 Aug October 918,839 903,829 883,215 879,331 875,539 1,020,452 1,113,777 1,177,321 1,170,133 est. 1,013,284 Sept November 661,849 623,645 615,667 774,337 818,656 856,748 971,814 1,087,375 1,051,691 est. 901,786 Oct & Jul-Sept Qtrly December 1,075,638 1,016,682 1,333,160 1,043,108 1,008,620 1,131,896 1,231,564 1,237,576 1,261,065 est. 1,130,553 Actual to Date $ 10,856,302 $ 11,002,277 $ 11,304,678 $ 11,470,052 $ 11,511,614 $ 12,219,110 $ 12,778,432 $ 13,687,585 $2,475,790 Estimated to Fiscal Year end (based on averages and on Budgeted amount)$11,353,080 Total Actual & Estimated $13,828,870 Less: Budget $13,500,000 Over (Under) Budget $328,870 1,259,616 2,475,790 2,475,790 2,475,790 2,475,790 2,475,790 2,475,790 2,475,790 2,475,790 2,475,790 2,475,790 2,475,790 1,026,648 2,146,920 3,272,591 4,232,297 5,173,513 6,463,106 7,598,280 8,746,235 10,017,111 11,187,244 12,238,935 13,500,000 500,000 1,000,000 1,500,000 2,000,000 2,500,000 3,000,000 3,500,000 4,000,000 4,500,000 5,000,000 5,500,000 6,000,000 6,500,000 7,000,000 7,500,000 8,000,000 8,500,000 9,000,000 9,500,000 10,000,000 10,500,000 11,000,000 11,500,000 12,000,000 12,500,000 13,000,000 13,500,000 14,000,000 14,500,000 Nov Dec Jan & Oct‐Dec Qtrly Feb Mar Apr & Jan‐Mar Qtrly May Jun Jul & Apr‐Jun Qtrly Aug Sept Oct & Jul‐Sept Qtrly REPORTING PERIOD YTD Actuals vs. YTD Budget Actual Budget Printed 2/15/2023 City of Jefferson, Mo. - Account Analysis Account Name Capital Imprs Sales Tax Rate: One-Half percent (½%) Receipt Month: FEBRUARY 2023 Account Number 46-100-400010 Prior 5 years Monthly REPORTING PERIOD RECEIPT PERIOD 2015 2016 2017 2018 2019 2020 2021 2022 2023 Average Nov January 461,560 455,278 525,521 424,160 525,696 513,808 483,288 509,721 614,170 act. 491,335 Dec February 362,597 405,543 402,964 444,476 427,711 458,324 473,674 589,318 603,664 act. 478,700 Jan & Oct-Dec Qtrly March 511,685 563,056 506,597 575,894 527,714 518,493 542,898 534,222 563,512 est. 539,844 Feb April 512,808 431,353 411,020 455,943 430,468 458,553 430,804 480,689 477,122 est. 451,291 Mar May 308,247 322,957 340,162 340,740 351,775 402,202 430,383 475,930 474,411 est. 400,206 Apr & Jan-Mar Qtrly June 496,466 539,529 489,008 508,225 554,062 537,105 626,235 599,274 641,494 est. 564,980 May July 473,120 498,229 559,119 548,625 481,405 560,720 547,153 547,456 572,975 est. 537,072 Jun August 280,733 330,112 338,618 393,512 372,416 443,962 487,128 616,545 577,523 est. 462,713 Jul & Apr-Jun Qtrly September 565,296 570,134 542,457 545,731 615,998 597,489 596,853 619,635 636,773 est. 595,141 Aug October 442,371 435,416 425,493 423,478 421,199 494,618 538,917 567,114 578,954 est. 489,065 Sept November 330,393 310,506 307,281 374,512 395,311 415,079 469,176 525,019 520,413 est. 435,819 Oct & Jul-Sept Qtrly December 515,478 494,218 652,070 510,228 495,454 558,134 604,664 600,044 630,606 est. 553,705 Actual to Date $ 5,260,753 $ 5,356,330 $ 5,500,311 $ 5,545,522 $ 5,599,211 $ 5,958,488 $ 6,231,172 $ 6,664,966 $1,217,835 Estimated to Fiscal Year end (based on averages and on Budgeted amount)$5,673,783 Total Actual & Estimated $6,891,618 Less: Budget $6,750,000 Over (Under) Budget $141,618 614,170 1,217,835 1,217,835 1,217,835 1,217,835 1,217,835 1,217,835 1,217,835 1,217,835 1,217,835 1,217,835 1,217,835 519,792 1,076,217 1,639,728 2,116,851 2,591,262 3,232,756 3,805,731 4,383,254 5,020,027 5,598,981 6,119,394 6,750,000 100,000 350,000 600,000 850,000 1,100,000 1,350,000 1,600,000 1,850,000 2,100,000 2,350,000 2,600,000 2,850,000 3,100,000 3,350,000 3,600,000 3,850,000 4,100,000 4,350,000 4,600,000 4,850,000 5,100,000 5,350,000 5,600,000 5,850,000 6,100,000 6,350,000 6,600,000 6,850,000 7,100,000 Nov Dec Jan & Oct‐Dec Qtrly Feb Mar Apr & Jan‐Mar Qtrly May Jun Jul & Apr‐Jun Qtrly Aug Sept Oct & Jul‐Sept Qtrly REPORTING PERIOD YTD Actuals vs. YTD Budget Actual Budget Printed 2/15/2023 City of Jefferson, Mo. - Account Analysis Account Name Parks Sales Tax Rate: One-Half percent (½%) Receipt Month: FEBRUARY 2023 Account Number 21-210-400010 Prior 5 years Monthly REPORTING PERIOD RECEIPT PERIOD 2015 2016 2017 2018 2019 2020 2021 2022 2023 Average Nov January 461,472 455,239 525,521 424,192 525,690 513,808 483,288 509,721 614,170 act. 491,340 Dec February 362,371 405,543 395,217 450,479 427,689 458,324 473,676 589,297 603,664 act. 479,893 Jan & Oct-Dec Qtrly March 511,582 563,039 506,524 577,148 527,588 518,493 542,898 534,624 509,438 est. 540,150 Feb April 512,738 431,353 411,020 457,060 430,459 458,632 430,808 480,688 431,180 est. 451,529 Mar May 308,030 322,957 340,162 340,708 350,479 402,202 430,383 475,930 428,728 est. 399,941 Apr & Jan-Mar Qtrly June 496,386 539,529 489,008 508,266 554,065 537,107 626,235 599,274 579,722 est. 564,989 May July 473,038 498,229 559,115 548,639 481,406 560,720 547,152 547,054 517,610 est. 536,994 Jun August 280,513 330,112 338,470 393,578 372,405 443,965 487,128 616,545 521,910 est. 462,724 Jul & Apr-Jun Qtrly September 565,217 572,847 542,457 545,842 616,012 597,492 596,854 619,635 575,455 est. 595,167 Aug October 442,370 435,416 425,497 423,387 421,199 494,618 538,913 567,114 523,202 est. 489,046 Sept November 330,393 310,506 307,305 374,484 395,311 415,079 469,176 525,019 470,300 est. 435,814 Oct & Jul-Sept Qtrly December 515,368 494,218 652,101 510,220 495,452 558,134 604,664 600,044 569,882 est. 553,703 Actual to Date $ 5,259,477 $ 5,358,988 $ 5,492,397 $ 5,554,002 $ 5,597,755 $ 5,958,575 $ 6,231,173 $ 6,664,945 $1,217,834 Estimated to Fiscal Year end (based on averages and on Budgeted amount)$5,127,426 Total Actual & Estimated $6,345,260 Less: Budget $6,100,000 Over (Under) Budget $245,260 614,170 1,217,834 1,217,834 1,217,834 1,217,834 1,217,834 1,217,834 1,217,834 1,217,834 1,217,834 1,217,834 1,217,834 469,739 972,574 1,482,012 1,913,192 2,341,920 2,921,642 3,439,251 3,961,161 4,536,616 5,059,818 5,530,118 6,100,000 100,000 350,000 600,000 850,000 1,100,000 1,350,000 1,600,000 1,850,000 2,100,000 2,350,000 2,600,000 2,850,000 3,100,000 3,350,000 3,600,000 3,850,000 4,100,000 4,350,000 4,600,000 4,850,000 5,100,000 5,350,000 5,600,000 5,850,000 6,100,000 6,350,000 6,600,000 Nov Dec Jan & Oct‐Dec Qtrly Feb Mar Apr & Jan‐Mar Qtrly May Jun Jul & Apr‐Jun Qtrly Aug Sept Oct & Jul‐Sept Qtrly REPORTING PERIOD YTD Actuals vs. YTD Budget Actual Budget Printed 2/15/2023 City of Jefferson, Mo. - Account Analysis Account Name Public Safety Rate: One-Quarter percent (1/4%) Receipt Month: FEBRUARY 2023 Account Number 55-100-400010 REPORTING PERIOD RECEIPT PERIOD 2022 2023 Nov January 0.00 305,603 act. Dec February 0.00 301,101 act. Jan & Oct-Dec Qtrly March 0.00 281,756 est. Feb April 0.00 238,561 est. Mar May 0.00 237,206 est. Apr & Jan-Mar Qtrly June 194,548.64 320,747 est. May July 239,893.32 286,487 est. Jun August 303,285.52 288,761 est. Jul & Apr-Jun Qtrly September 308,722.21 318,386 est. Aug October 281,012.20 289,477 est. Sept November 259,718.13 260,207 est. Oct & Jul-Sept Qtrly December 297,156.18 315,303 est. Actual to Date $1,884,336 $606,704 Estimated to Fiscal Year end (based on averages and on Budgeted amount)$2,836,892 Total Actual & Estimated $3,443,595 Less: Estimated Revenue $3,375,000 Over (Under) Budget $68,595 305,603 606,704 606,704 606,704 606,704 606,704 606,704 606,704 606,704 606,704 606,704 606,704 259,896 538,108 819,864 1,058,425 1,295,631 1,616,378 1,902,866 2,191,627 2,510,013 2,799,490 3,059,697 3,375,000 100,000 350,000 600,000 850,000 1,100,000 1,350,000 1,600,000 1,850,000 2,100,000 2,350,000 2,600,000 2,850,000 3,100,000 3,350,000 3,600,000 Nov Dec Jan & Oct‐Dec Qtrly Feb Mar Apr & Jan‐Mar Qtrly May Jun Jul & Apr‐Jun Qtrly Aug Sept Oct & Jul‐Sept Qtrly REPORTING PERIOD YTD Actuals vs. YTD Budget Actual Budget Printed 2/15/2023 CITY OF JEFFERSON FISCAL YEAR 2022 - 2023 ESTIMATED FUND BALANCE FYE2021 UNASSIGNED FUND BALANCE (Audited)8,791,173.00$ FYE2022 GENERAL FUND ACTIVITY (as of 1/17/2023) Unaudited FY2022 Total General Fund Revenues 37,716,686.10$ LESS: Unaudited FY2022 Total General Fund Expenditures (37,696,956.32)$ Change in committed/restricted/assigned at FYE from prior fiscal year to current fiscal year (678,807.00)$ (659,077.22)$ FYE2022 UNASSIGNED FUND BALANCE (ESTIMATED - UNAUDITED)8,132,095.78$ Reappropriations from FY2022 to FY2023 Repair & Repaint Recycling Bins (9,615.52)$ Ammunition and Firearms Supplies (13,136.25)$ Remainder of Evergreen Study Funds - Ordinance 16210 (9,500.00)$ Remainder of Capitol Ave Demo & Acquisition Funds - Ordinance 16216 (451,560.76)$ Finance Color Printer - ordered in FY22 and not received (4,210.45)$ Remaining Mo American Water grant funds - received in advance (2,400.00)$ Remainder of Demo Funds - Ordinance 16145 (63,433.60)$ Contractual obligation from Allied contract (18,000.00)$ Future Fire Stations (6,000.00)$ Fire Station 4 Rehab (992.53)$ Downtown Streetscape (800.00)$ Ongoing Infrastructure/Facility Needs (5,700.06)$ MSP - EDA Grant matching portion (1,599,595.00)$ (2,184,944.17)$ 2023 Adjustments/Supplementals (Does not include other "Reserve" accounts as they are not "Unassigned" fund balance) FY2023 Supplemental Appropriations: -$ FYE2023 ESTIMATED Unassigned Fund Balance 5,947,151.61$ FYE2023 ESTIMATED Fund Balance % of Adopted Budget 15.65% 17% of FY2023 Adopted Budget ($37,996,179) = $6,459,350 CITY COUNCIL “PRE-MEETING” WORK SESSION, FEBRUARY 20, 2023 CALL TO ORDER Mayor Carrie Tergin called the February 20, 2023 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: Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, and Ward Absent: Deeken, Fitzwater and Wiseman DISCUSSION OF AGENDA ITEMS Councilmember Kemna will lead the prayer rather than Councilmember Schreiber due to illness. Councilmember Wiseman arrived at 5:46 P.M. Public Hearings - City Staff presented their respective bills. - Councilmember Lester intends to place bill 2022-105 on the informal calendar. A public hearing will be opened and then discontinued, with a plan to continue at the March 6th City Council meeting when the bill will be taken off the informal calendar. The property owner and City Staff are continuing discussions on the PUD plan amendment. Appointments by the Mayor - Councilmember Spencer would like to take up the recommended appointments individually. Presentations from Staff, Consultants & Invited Guests - City Administrator Steve Crowell will open the Evergreen follow-up discussion and seek direction from City Council on how to proceed. Announcements - Mayor Tergin will announce the CPR training that took place on February 13 th, and was hosted by the Jefferson City Fire Department. Fire Chief Matt Schofield will add additional comments related to the event. Consent Agenda - There were no questions at this time. CITY COUNCIL “PRE-MEETING” WORK SESSION, FEBRUARY 20, 2023 Bills Introduced - City Staff presented their introduced bill. Bills Pending - City Staff presented their pending bills. Councilmember Lester intends to place bill 2022 - 106 on the informal calendar. Resolutions - City Staff presented their resolution. Closed Session - A closed session is scheduled on tonight’s agenda. ADJOURNMENT The meeting adjourned at 5:54 P.M. 1 REGULAR COUNCIL MEETING, FEBUARY 20, 2023 CALL TO ORDER Mayor Carrie Tergin called the February 20, 2023 City Council meeting to order at 6:01 P.M. ROLL CALL The f ollowing Councilmembers were present for roll-call: Present: Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Absent: Deeken and Fitzwater ADOPTION OF THE AGENDA Councilmember Schreiber motioned and Councilmember Ward seconded the motion to adopt an amended agenda, adding item i. Attorney Client Communication [Sec. 610.021(1)] under Closed Session. The motion passed unanimously by voice-vote. MISCELLANEOUS AGENDA ITEMS Mayor Tergin welcomed Boy Scout Adam Sisson from Troup 104. He attends St. Joseph Cathedral School and is working on his Citizenship in Communication badge. Mayor Tergin thanked Interim Director of Planning and Protective Services David Grellner for attending the meeting. PUBLIC HEARINGS a. Rezoning 3 acres from M-1 Light Industrial to PUD Planned Unit Development and Approving a Preliminary PUD Plan for property located at 1110 Cedar City Drive i. Associated Pending Bill 2022-103 (Lester) Staff: Eric Barron A Staff presentation was made by Eric Barron, City Planner. Mr. Barron noted the property owners proposed a gravel parking lot rather than the typical paved parking lot required by the City. Property owners Jay and Kim Fischer spoke in favor of the bill. Mr. and Mrs. Fischer indicated the cost of pavement for the large space, and the seasonal nature and overall farm/barn aesthetic of the business were the reasons they asked for approval with a gravel parking lot. There being no one else to speak on the bill, Mayor Tergin declared the evidentiary portion of the public hearing concluded. 2022-103 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON BY REZONING 3 ACRES OF LAND ADDRESSED AS 2 REGULAR COUNCIL MEETING, FEBUARY 20, 2023 1110 CEDAR CITY DRIVE FROM M-1 LIGHT INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A PRELIMINARY PUD PLAN. Bill 2022-103 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16315. Aye: Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Deeken and Fitzwater b. Rezoning 9.09 acres from C-2 General Commercial to RA-2 High Density Residential for property located in the 2200 Block of St. Mary’s Boulevard i. Associated Pending Bill 2022-104 (Lester) Staff: Eric Barron A Staff presentation was made by Eric Barron, City Planner. The property owner’s sister, Teresa Tolksdorf, spoke in favor of the bill. There being no one else to speak on the bill, Mayor Tergin declared the evidentiary portion of the public hearing concluded. 2022-104 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING, AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE CITY OF JEFFERSON, BY REZONING 9.09 ACRES OF LAND LOCATED IN THE 2200 BLOCK OF ST. MARY’S BOULEVARD FROM C-2 GENERAL COMMERCIAL TO RA-2 HIGH DENSITY RESIDENTIAL. Bill 2022-104 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16316. Aye: Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Deeken and Fitzwater c. Approving a PUD Plan Amendment for Property Located at 311 Bolivar Street i. Associated Pending Bill 2022-105 (Lester) Staff: Eric Barron A Staff presentation was made by Eric Barron, City Planner. Councilmember Lester said he intends to place the bill on the informal calendar. City Staff and the property owners are continuing to work on the plan amendment. Knowing the intention to place the bill on the informal calendar, Mayor Tergin declared the evidentiary portion of the public hearing discontinued. The bill will be taken off the informal calendar at the next City Council meeting on March 6 th. The 3 REGULAR COUNCIL MEETING, FEBUARY 20, 2023 public hearing will be continued at that time. The property owners, Jeff and Jane Schaeperkoetter will speak at that time. 2022-105 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 311 BOLIVAR STREET. Councilmember Lester requested to place the bill on the informal calendar. There were no objections. APPOINTMENTS BY THE MAYOR Councilmember Spencer requested each recommended appointment be taken up individually. Human Resources Director Gail Strope presented the recommended appointments to the following boards and commissions: Board or Commission Recommended Appointment New Term Expires Term Full/Partial Cultural Arts Commission Mitchell Woodrum Mar 2024 Partial Historic Preservation Commission Brian Warren Dec 2023 Partial Human Relations Commission Lorraine Schofield Dec 2025 Full Tax Increment Finance Commission Mike Downing Apr 2024 Partial Councilmember Ward motioned and Councilmember Kemna seconded the motion to approve Mitchell Woodrum’s appointment to the Cultural Arts Commission. The motion passed unanimously by voice-vote. Councilmember Ward motioned and Councilmember Kemna seconded the motion to approve Brian Warren’s appointment to the Historic Preservation Commission. The motion passed unanimously by voice-vote. Councilmember Ward motioned and Councilmember Kemna seconded the motion to approve Lorraine Schofield’s appointment to the Human Relations Commission. Councilmember Spencer opened a general background check discussion for recommended appointments to City boards and commissions. Ms. Strope indicated casenet, accounts receivables due to the City, and City special tax lien background checks are searched on the applicants. Councilmember Spencer asked if there were background checks on taxes owed to the County or State. Ms. Strope said there are not. Councilmember Spencer said he would like the City Council to revisit the topic of background checks at a future time on volunteer applicants. Upon voice -vote, several nays were voiced. Mayor Tergin requested a roll-call vote to confirm the appointment. The motion passed by the following roll-call vote: Aye: Hensley, Kemna, Lester, Schreiber, Ward, and Wiseman Nay: Spencer and Spicer Absent: Deeken and Fitzwater 4 REGULAR COUNCIL MEETING, FEBUARY 20, 2023 Councilmember Ward motioned and Councilmember Kemna seconded the motion to approve Mike Downing’s appointment to the Tax Increment Finance Commission. The motion passed unanimously by voice-vote. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Evergreen Follow-up Informational Discussion: City Administrator Steve Crowell had distributed a memo to the Mayor and City Council on February 15th, outlining funding options for the Evergreen 50th percentile recommendations for the remainder of FY2023, with a suggested March 24, 2023 effective date. Mr. Crowell requested direction from the City Council on how they would like to proceed. Finance and Budget Committees Chair, Councilmember Hensley felt comfortable with the 50th percentile funding through FY2023. With the March 24th effective date, Councilmember Hensley directed Staff to present necessary actions at the next City Council meeting to execute the 50th percentile plan through FY2023. Councilmember Hensley said he would like to continue discussions during the next budget season on how to support additional Evergreen recommendations. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF City Council committee announcements: • Committee on Administration – There was nothing to report at this time. • Finance Committee – The February meeting will be cancelled. • Public Safety Committee – The next scheduled meeting is February 23rd, 7:30 A.M. in the Police Training Room. • Public Works & Planning Committee –The next meeting is March 9th, 7:30 A.M. in the Boone-Bancroft Room. Mayor announcements: • Mayor Tergin showed a few pictures taken at t he Jefferson City Fire Department’s CPR training session for City Council and City Staff . The training was held on February 13th, 4:00 P.M. – 5:30 P.M. in the Police Training Room. Fire Chief Matt Schofield thanked Mayor Tergin for supporting the training by inviting City Council and City Staff. Chief Schofield also reminded everyone of the AED (automated external defibrillator) located on the first floor in City Hall, next to the Finance window. More training opportunities can be found at: https://www.colecounty.org/658/Training-Division-CEU-Courses. • The City Employee Family Skate Night was held at Washington Park Ice Arena last Friday night. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE Octavia Ailsworth was unable to attend the meeting. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Timothy Joseph, property owner and applicant of a final subdivision plat of TC3C Subdivision, spoke in favor of pending bill 2022 -106. Mr. Joseph is hosting an open house 5 REGULAR COUNCIL MEETING, FEBUARY 20, 2023 on February 25th, 2:00 P.M. – 4:00 P.M. at the Linc to address neighbors’ concerns with his proposed subdivision plat in the 1000 block of Marshall St. and 600 block of Roland St. Michael Hall, Patsy Johnson, and Jocelyn King, all residents of the Campus View subdivision area, expressed their concerns with bill 2022-106. The bill will have a public hearing at the next City Council meeting. Councilmember Lester said he is going to request pending bill 2022-106 be placed on the informal calendar to allow time for the property owner’s open house on February 25 th. *Councilmember Deeken joined the meeting via WebEx. CONSENT AGENDA a. Minutes of City Council Meetings: February 6, 2023 b. Declaring Certain City-Owned Personal Property Surplus and Authorizing the Disposition by Sale through Auction – JC Parks c. Authorizing a $36,184 Contract with Will West Music and Sound for Council Chambers Audio Video Upgrade Councilmember Spicer motioned and Councilmember Lester seconded the motion to approve the above items on the Consent Agenda. The motion passed unanimously. BILLS INTRODUCED 2022-107 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2022- 2023 ANNUAL BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE POLICE DEPARTMENT FUND. BILLS PENDING 2022-100 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $1,244,046 DESIGN/BUILD AGREEMENT WITH BURNS AND MCDONNELL ENGINERING COMPANY, INC. FOR THE BIOSOLIDS IMPROVEMENTS PROJECT. Councilmember Ward motioned to adopt Substitute bill 2022 -100. Councilmember Lester seconded the motion. The motion passed unanimously by voice-vote. Substitute bill 2022-100 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16317. Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater 6 REGULAR COUNCIL MEETING, FEBUARY 20, 2023 2022-101 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH INFINITECH IN THE AMOUNT OF $213,147.32 FOR THE STORAGE AREA NETWORK (SAN) REPLACEMENT PROJECT. Bill 2022-101 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16318. Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater 2022-102 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $325,918 AGREEMENT WITH DON SCHNIEDERS EXCAVATING COMPANY, INC. FOR THE WESTVIEW FORCEMAIN REPLACEMENT PROJECT. Bill 2022-102 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16319. Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater 2022-103 Taken Up Under 5(a.) Public Hearings 2022-104 Taken Up Under 5(b.) Public Hearings 2022-105 Taken Up Under 5(c.) Public Hearings 2022-106 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF TC3C SUBDIVISION, A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. Councilmember Lester requested to place the bill on the Informal Calendar. There were no objections. INFORMAL CALENDAR There were no items on the Informal Calendar 7 REGULAR COUNCIL MEETING, FEBUARY 20, 2023 RESOLUTIONS RS2022-43 sponsored by Councilmember Schreiber A RESOLUTION AUTHORIZING THE CITY TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH COLE COUNTY FOR AN INTEGRATED COMPUTER AIDED DISPATCH (CAD) SYSTEM Police Chief Eric Wilde, presented the resolution. Cole County EMS Chief Eric Hoy spoke in favor of the resolution. Councilmember Schreiber motioned to adopt RS2022-43. Councilmember Spencer seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS Jocelyn King addressed the Mayor and City Council with her concern for lack of trash receptacles around the City, specifically on the greenway. Mayor Tergin suggested she give her contact information to David Grellner, Interim Director for Planning and Protective Services. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS There was no discussion at this time. NEW BUSINESS There was no new business at this time. APPROVAL OF FEBRUARY 6, 2023 CLOSED SESSION MINUTES Councilmember Spicer motioned, and Councilmember Wiseman seconded the motion to approve the February 6, 2023 Closed Session Minutes. The motion passed by the following roll-call vote: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater 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. Attorney Client Privilege [Sec. 610.021(1)] 8 REGULAR COUNCIL MEETING, FEBUARY 20, 2023 ii. Real Estate [Sec. 610.021(2)] iii. Preparations, Including any Discussions or Work Product, on Behalf of a Public Governmental Body or its Representatives for Negotiations with Employee Groups [Sec. 610.021(9)] iv. Sealed Proposals and Negotiated Contracts [Sec. 610.021(12)] A motion was made by Councilmember Spicer to go into Closed Session for the above- stated reasons, seconded by Councilmember Kemna and approved by the following roll- call vote at 7:35 P.M.: Aye: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Absent: Fitzwater RECONVENE IN OPEN SESSION Following the Closed Session, the City Council reconvened in Open Session at 9:51 P.M. with the following Councilmembers present: Present: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Ward, and Wiseman Absent: Fitzwater and Spicer UNFINISHED BUSINESS There was no unfinished business at this time. ADJOURNMENT A motion to adjourn was made by Councilmember Wiseman, seconded by Councilmember Spicer, and approved unanimously at 9:52 P.M. CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item B SUBJECT: Declaring Certain City-Owned Property as Surplus with the Disposition by Trade-In and Approving the Budget Amendment to Spend the Trade Amount for the Purchase of New Equipment ' DATE CONSIDERED: March 6 , 2023 DEPARTMENT DIRECTOR(S) :1'7-------:f--7P~~~,..c_.>..___rr--------- Approval of this consent agenda item is to declare 40 tasers, as listed in the document attached belonging to the Police Department , as surplus . The new tasers will be purchased from A xon . Axon is able to offer trade-in for the Police Department's current tasers as part of the sale i n the amount of $25 ,200 . The Department has requested approval of a budget amendment to use the trade-in value from the sale of asset account towards the purchase of the new equipment. The equipment costs $22 ,079 .93 per year for five years . The trade-in will cover the first year's cost and a portion of the second y e ar's co st. ' TO: FROM : SUBJECT: DATE: Jefferson City Police Department Memorand um FAT J. Ha ze!L'J9 Lt. W ill iam~ Taser 02-16-2023 Be low is th e current in ve nt ory o f Ta ser handle s (unit s) that are e li g ible fo r s urplu s fo r th e upcoming tr ad e. X130085F4 X130085 FE X130085CH X130085F8 X130085F6 X130085F7 X13008645 X130085ED X1300859 H X130085EC X130075HY X130085D2 X130085FD X130085 KV X130085EW X130085F3 X130085FC X1300859W X130085DD X130085FF X13008685 X130085FO X130085EV X130085E H X130085ER X130085FS X130085FH X130085DS X130085EX X1300864W J C PD Form 2 06-3 Intr a-Offic e Memo ra ndum Cont' X1300867T X13004CSO X13008SEN X130085F2 X1300859C X13008SDA X130085ET X13008SDV X13008SA9 X130085D7 JCPD Form 206-3 Intra-Office Memorandum SHIP TO Axo n Ente r prise , Inc . 17800 N 85th St. Scottsdale , Arizona 85255 United States VAT: 86 -0741227 Domestic: (800) 978-2737 Internationa l: +1.800.978 .2737 BILL TO Business ;Delivery;lnvoice-40 1 Monroe St Jefferson Ci ty Police Dept. -MO 401 Monroe St 401 Monroe St Jefferson City, MO 65101-3120 Jefferson City, MO 65101-3120 USA USA Email: dwilliams@jeffc itymo.org Quote Summa ry Program Length 60 Months TO TAL COST $77,280.00 ESTIMATED TOTAL W/ TAX $77,280.00 Pay ment Sum mary Date Jan 2023 Feb 2023 Jan 2024 Jan 2025 Jan 2026 Jan 2027 Total Page 1 -- I SALES REPRESENTATIVE Dan Effinger Phone: Email: deffinger@axon.com Fax: Disco unt Summary - Ave rag e Savings Per Year TOTAL SAV IN GS Subtotal $20 ,496 .00 ($25,200.00) $20.496.00 $20 ,496.00 $20,4 96.00 $20 ,496.00 $77,280.00 Q-4178 75 -44909 .72 8DE Issued: 12/14/2022 Quote Expiration: 12/3 112022 Estimated Contract Start Date: 02/15/2023 Tax $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Acco unt Number: 113248 Payment Terms: N30 Delivery Method: PRIMARY CONTACT David Willi ams Phone: (573) 634-6343 Email: dwillia ms@ jeffersoncitymo.gov Fax: (573) 634-8726 ·- -- $6 ,762.84 $33,814.20 ~ Tota l $20,496.00 ($25 .200.0 0). $20,496.00 $20.496.00 $20,496.00 $20,496.00 $77,280.00 Q-417875-44909. 728DE Pricing All d r e tvera bl es are d t ., d · o r eat e m e tvery S h d I f c e u es sec ton ower m p_roposa Item _ Descri.Qtio_n ___ Qty Term -J1:Q_gram 100552 TRANSFE R CR EDIT -GOODS 1 T?Basic 202 1 Taser 7 Bas ic Bu ndle 40 61 Total Page 2 Quote Unbundled Price : Quote List Price: Quote Subtotal : Unbundled List Price Net Price --- $1.00 ($25.200.00) $45.53 $42.00 $42.00 Subtotal Tax ($25,200.00) $0.00 $102,480.00 $0.00 $77 ,280 .00 $0.00 Q-417875-44909. 728DE $111,094.20 $102,481.00 $77,280 .00 Tot~ . ($25,200 .00) $102,480.00 $77 ,280 .00 Delive ry Schedule Hardware Bundle Item Description QTY Est imated Delivery Date 2021 Taser 7 Basic Bundle 20008 TASER 7 HAND LE, YLW, HIGH VISIBI LI TY (GREEN LASER), CLASS 3R 40 01 /15/2023 2021 Taser 7 Basic Bundle 20008 TASER 7 HANDLE , YLW, HIGH VISIBILITY (GREEN LASER), CLASS 3R 1 01115/2023 2021 Taser 7 Basic Bundle 20018 TASER 7 BATTERY PACK, TACTICAL 48 01/15/2023 2021 Taser 7 Basic Bundle 20 160 TASER 7 HOLSTER-SAFARILAND, RH+CART CARRIER 40 01/15/2023 2021 Taser 7 Basic Bundle 70033 WALL MOUNT BRACKE T, ASSY, EVIDENCE. COM DOCK 1 01/15/2023 2021 Taser 7 Basic Bu ndle 71019 NORTH AMER POWER CORD FOR AB3 8-BAY, AB2 1-BAY /6-BAY DOCK 1 01115 /2023 2021 Taser 7 Basic Bundle 74200 T ASER 7 6-BA Y DOCK AND CORE 1 01/15/2023 2021 Taser 7 Basic Bund le 80087 TASER 7 TARGET, CONDUCTIVE , PROFESSIONAL (RUGGED IZED) 1 01 /15/20 23 2021 Taser 7 Basic Bundle 80090 TARGET FRAME , PROFESSIONAL , 27.5 1N. X 751N., TASER 7 1 01/15 /2023 Software Bundle Item Desc ri ption QTY Estim ated Start Date Estim ated End Date 2021 Taser 7 Basic Bundle 20248 TASER EVIDENCE.COM ACCESS LICEN SE 40 02/15/2023 03/14 /2028 2021 l aser 7 Basic Bundle 20248 TASER EVIDENCE.COM ACCESS LICENSE 1 02/15 /2023 03/14 /2028 Warranties Bundle Item Desc ription QTY Estimated Start Date Estimated End Dat e 2021 Taser 7 Basic Bundle 80374 EXT WARRANTY , TASER 7 BATTERY PACK 48 01 /15/2024 03/14 /2028 2021 Tase r 7 Basic Bundle 80395 EXT WARRANTY, TASER 7 HAND LE 40 01/15/2024 03/14/2028 2021 Tase r 7 Basic Bundle 80395 EXT WARRANTY, TASER 7 HANDLE 1 0111512024 03/14 /2028 202 1 Taser 7 Basic Bundle 80396 EXT WARRANTY , TASER 7 SIX BAY DOCK 1 01/15/2024 03/14 /2028 Pa ge 3 Q-417875-4490 9.72BDE Payment Details -Jan 2023 Invoice Plan Item Descript ion Q~_ Subtotal Tax Total Year 1 T7 Basic 2021 Taser 7 Basic Bundle 40 $20.496.00 $0.00 $20 ,496.00 Total $20,496.00 $0.00 $20 ,496.00 1 Feb 2023 Invoice Plan Item Description Qty Subtotal T ax Total Invoice Upon Fu lfi ll ment 100552 TRANSFER CRED IT -GOODS 1 ($25,200.00) $0 .00 ($25 ,200 .00) Total ($25,200.00) $0.0 0 ($25,200.00) Jan 2024 Invoi ce Plan Item Description Qty Subtotal Tax Total Year2 T7Basic 2021 Taser 7 Basic Bundle 40 $20,496.00 $0.00 $20.496.00 Total $20,496.00 $0.00 $20,496.00 Jan 2025 Invoice Plan Item Description Qty Subtotal Tax Total Year 3 T7Basic 2021 Taser 7 Bas ic Bun dle 40 $20.496.00 $0.00 $20.496 .00 Total $20 ,496.00 $0.00 $20,496.00 Jan 2026 Invoice Plan Item Description Qty Subtotal Tax Total Year 4 T7Basic 2021 Taser 7 Basic Bund le 40 $20.496 .00 $0.0 0 $20 ,496 .00 Total $20,496.00 $0.00 $20,496.00 Jan 2027 Invo ice Plan Item Description Qty Subtotal Tax Total YearS T7Basic 2021 Taser 7 Basic Bundle 40 $20.496 .00 $0.00 $20.496 .00 Tota l $20,496.00 $0.00 $20,496.00 Pa ge 4 Q-417875-44909. 728DE Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing. Standard Terms and Conditions Axon Enterprise Inc. Sales Terms and Conditions Axon Master Services and Purchasing Agreement: ACEIP: This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon's Master Services and Purchasing Agreement (posted at www.axon.com~egal/sales-terms-and-conditions}, as well as the attached Statement of Work (SOW} for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below. The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com~egal/sales-terms-and-conditions}, is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program. Acceptance of Terms: Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work}, you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote. PageS Q-417875-44909. 728DE Exceptions to Standard Terms and Conditions Agency has existing contract #19155 (originated via Q-161321) and is terminating that contract upon the new license start date (11/01/2022) of this quote. The parties agree that Axon is granting a refund of $12,133.84 to refund paid, but undelivered services. This discount is based on a ship date range of 10/1/2022- 10/15/2022, resulting in a 11/1/2022 license date. Any change in this date and resulting license start date will result in modification of this discount value which may result in additional fees due to or from Axon. This credit is contingent upon agency payment of any outstanding invoices including and not limited to Year 5 Billing of contract 19155. Signature Date Signed 12/14/2022 Page 6 Q-417875·44909. 728DE "1J D) cc CD ...... D .£. ....llo. ...... co ...... c.n ~ 0 CD :..... N co c m Jefferson City Missouri Police Purchase Request Form Request Information Date of Request: Submitted By: Divi sion: \ o-J ~ 1/d-0 d 8- Lt.Williams MM I 1'-\ \ <;;,l(\ f\t\ \j e__ Item( S) Requested (Attach quote-3 quotes for expenses greater than $5,000) TASER T7 Trade in allowance Price $102,480.00 $25 ,200 .00 Total Price: $77,280.00 Justification (attach additional pages if necessary) Trade in confirmed. The TAP Credit here is for a total of 40. Wh en we did the renewal in 201 8, that was f o r 20 on TAP and then another 20 were added on a TAP contract too. So AXON is taking the credit from those 40 and applying it to the new T7 Agreement. This contract is compl eted over a 5 year term. Each year the contract paym ent is $2 0,496.00 Supervisory Approval 0 Approved 0 Rejected Signature: Date: Division Commander Approval 0 Approved 0 Rej ect ed Signature: Date : Police Approval 0 Rejected Comments: -flt? CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item C SUBJECT: Contract Change Order Number 4 with Aple x Inc ., to Replace Street Surface on Mulberry Street as Part of the East Capitol Sewer Replacement Project DATE CONSIDERED: March 6, 2023 DEPARTMENT Dl RECTOR(S) :---;;--'---+------L---rt--------- CITY ADMINISTRATOR:_~::...._ ___ -+-....t..::::...:....::.....P."+-:6£---------- Staff requests approval of this contract change ord , hat will allow Aplex Inc. to replace remainder of the street in 500 block of Mulberry Street. The original project was to replace pavement for a sanitary sewer main replacement partially on the road over the sewer trench . Full replacement of the pavement will result in a more quality road and less future maintenance. The cost of this change order will be $52,675.00 and will result in the project change order over 10% of the City Council approved project cost. Cost for this change order will be covered cooperatively by the Wastewater Enterprise Fund and the Streets Capital Fund . Aplex, Inc. ($52,675.00) Account Available Required Remaining 64-990-579890 $46 ,2 37 .99 $42,675.00 $3,562 .9 9 46-990-577031 $19 ,675 .00 $10,000 .00 $9,675 .00 Change Order No. Four (4) DEPARTMENT OF PUBLIC WORKS ENGI NEERI NG DIV ISION 320 EAST M c CARTY STREET JEFFERSON CITY, M ISSOU RI 65101 ACCOUNT NO . Project No. 31180 Ord. No. 16186 Job & Location: E. C APITOL SEWER REPLACEMENT Contractor: Ap lex, Inc Date: It is hereby mutually agreed that when this change order has been signed by the contracting parties, the following described changes in the work required by the contract shall be executed by the contractor without changing the terms of the contract except as herei n stipulated and agreed. DES CRIPTION OF CH A NGE S: (See Attached Sheet for De tailed Description I Explanation) Note: Item numbers prefixed with "EW" (Extra Work) are new line items to the contract. Item No . Description EW 3.06 Pavement Repair (9.5-in.) EW 3.07 Sidewalk Replaceme nt EW 3.08 Curb a nd Gutter Replac em en t EW 4.01 Concre te Pavement, 6" non-reinforced, EW 4.02 Subg rade Stabilization U nit SY SY LF SY TON Quantity in Quantity in Change Contract Order 244 -220 7 -7 24 -24 0 650 0 6 23 CONTRACTORS PROPOSAL FOR THE ABOVE DESCRIBED CHANGES : Revised Contract Quantity 24 0 0 650 623 Un it Price $100.00 $100.00 $70.00 $85.00 $35.00 Amount of Overrun or Underrun ($22,000.00) ($700.00) ($1 ,680.00) $55,250.00 $2 1,805.00 IM/e hereby agree to the modifications of the contract as described above and ag ree to furnish all materials and labor and perform all work in connection th e rewith in accordance with the requirements for similar work in existing contract except as otherwise stipulated herein, for the following considerations: Contract Amount -Add $52,675.00 (F ifty Two Thousand Six Hundred Seventy Five Dollars and No Cents) to the Con tract Amount Contract T im e -There is no change to the Contract Time STA TEM ENT O F CO NT RAC T AMOUNT: Amount %Change Time ORIGINAL CONTRACT $149,870.00 90 PREVIOUS APPROVED CHANGE ORDERS $212,862.50 142.0% 67 TOTAL T H IS CHANG E ORDER $52 ,675.00 35.1% 0 TOTAL O F A LL C HA NG E OR DE RS $265,537.50 177.2% 67 CONTRACT AMOU NT TO DATE $41 5,407.50 157 ''Aj)iex·; .. i;;·c; .......................................................................................... .. d-'d o -a~ Dale Recommended by: Dale Ve rificatio n of Encumbrance: 2(z2ho?3 I Date Accepted by: Owner -City Administrator I Mayor Date Approved as to Form: Cit~ Da le Office Use Only Percentage C hange based on Cumul at ive Council Amount of Approved Change Orde rs Change Order Contract since last Governing Required Council Appro ved A mount Amoun t Counci l Aeeroval Crite ria Approva l Contract Amount Change Order #1 $146,180.00 97 .54% $146,180.00 >10% Council $296,050 .00 Change Order #2 $2 ,237 .50 0.76% $2,237.50 < $25,000 Admin. $296,050.00 Change Order #3 $64 ,445.00 22 .52 % $66,682.50 >10% Council $362,732.50 Change Ord er #4 $52,675.00 14 .52 % $52,675.00 >10% Council $415,407.50 BILL SUMMARY BILL NO: 2022-108 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: March 6 , 2023 DEPARTMENT DIRECTOR: ~~ (;~L- CITY ADMINISTRATOR: k----~~ Staff Recommendation: Approve . Summary: Standard ordinance approving a grant agreement with Missouri Highways and Transportation Commission. Origin of Request: Capital Area Metropolitan Planning Organization through the Department of Planning and Protective Services Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: DAVID GRELLNER I Eric Barron I Katrina Williams 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 ex isting funded proje ct. This grant will replace $25 ,000 of the current federal grant used to development of the Capital Area Active Transportation Plan ($1 25,000), which is currently being funded through the FY 2023 Consolidated Planning Grant. The offset Consolidated Planning Grant funds will remain unused in a grant pool administered by the Missouri Department of Transportation. This grant agreement was authorized via resolution (RS2022-36) atthe November 21 5 \2022 City Council Meeting. MoDOT is requesting an ordinance. 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 2151 day of November, 2022 ATT EST : APPROVED AS TO FORM : 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 This grant has a 20% match requirement. obligations tied to acceptance of the grant: GL Acct where matching funds will come $6,250 in match will be provided by JC Parks. This is from (will be used for budget adjustment not additional match. It is encompassed within the upon grant acceptance to make budget $25,000 oflocal match required within the CPG Grant. authority in expense acct shown below whole) 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 CCO Form: Approved: Revised: Modified: M078 08/94 (MLH) 03/17 (MWH) CFDA Number: CFDA #20.515 CFDA Title: State Planning and Research EXHIBIT A 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 (80%) 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 8100.1 C, 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- (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 i n the paper and in the presentation that the paper has not been reviewed and approved by Commission and/or FT A. (D) Publication: Publication by either party shall give credit to the other party and/or FT A, 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 appropriate. (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. -2- (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. (1 0) PAYMENT: (A) Reimbursement: For the work described in this Agreement, the Grantee shall receive payment based on actual costs, as defined in subparagraph (1 0) (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. -3- (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 FT A. (C) Compensation: Compensation shall be paid by the Commission to the Grantee for work performed hereunder, subject to the limitations of paragraphs (1 O)(A) and (1 O)(B), as supported by Appendix A. -4- (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 (1 O)(F) considered to be satisfactory 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 overcompensated 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 amount 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 Agreement 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. -5- (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 successors, 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: -6- (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 US DOT (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 US DOT 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 -7- 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 US DOT 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 protect 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 . -8- (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 this 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 -9- 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 default 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 time 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 -10- 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 the 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 FT A. 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 that 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 US DOT 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 FT A. 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 US DOT 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. -11- (B) The Grantee also agrees to include these requirements in each of its contracts to administer any system of records on behalf of the US DOT financed in whole or in part with Federal assistance provided by FT A. (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 US DOT, as set forth in FTA Circular 4220.1 F, 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. -12- (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.] -13- Appendix A-Financial Summary Anticipated Expenditures & Revenue CAMPO receives funding from the FHWA and FTA 5303 funds through the Consolidated Planning Grant (CPG) administered by MoDOT. Funding consists of 80% federal and 20% local matching funds; Jefferson City contributes 7 5% and Cole County contributes 25% except where noted differently. 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 $1,120 $5,600 Other Contracted Services Dues & Publications $1,200 $300 $1,500 Training and Education $3,600 $900 $4,500 Tuition Reimbursement $2,400 $600 $3,000 Professional Services-MTP Update $24,000 $6,000 $30,000 Professional Services -Pedestrian/Bicycle Plan $50,000 $12,500 $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 $1,920 $480 $2AOO S.ubtotal $1,920 $480 $2,400 Capital Purchases and Utilities** Equipment/ software $2720 $680 $3,400 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 I $58,488 I $292,4391 *Rounded to the nearest whole number. **The City of Jefferson covers all the Utility and Capital Purchases expenses, except for some specific software licenses used for publishing or mapping. Capital Area Metropolitan Planning Organization FY 2023 UPWP 12 -14- T bl 2 FY2023 W k El a e : or em en t F d' un ln9 s ummary • c I'd t d PI onso 1 a e anmng G ran an dl oca IF d un s w .... LL -0 ... .... ~ LL Q; "' "' Oi 0 ., ... ::> "' .... ... ...., 0:1 " .... " LL LL E " ::::. "' Total Total 2 :iE ::::. "' = -o( 0 "' "' Federal Local i?: " Oi Oi c 'E .,_ ·;; " c .E CPG Funds Match " -"' c c c I! !; " " " ., Work Element ;;: ;;: ;;: o( Sub-Total 80% 20% Total " ~ .,_ Labor Costs* 521-Prog ram Support & Administration $25,675 $685 $26,360 $21,088 $5,272 $26,360 9% 522-General Develop. and Camp. 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 $16,765 $4,191 $20,956 7% 525-Long Range Transportation Planning $4,668 $37,636 $25,428 $67,732 $54,185 $13,546 $67,732 23% 526-Public Transportation 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 $1,474 $7,372 3% Labor Costs (Base + Fringe) Subtotal $30,343 $80,704 $67,807 $685 $179,539 $143,631 $35,908 $179,539 61% Direct Costs* 521-Direct Costs-Program Support and Administration $20,400 $16,320 $4,080 $20,400 7% 524-Direct Com -Pedestrian/Bicycle Plan (50% roll over estimate from FY 2022)** $62,500 $50,000 $12,500 $62,500 21% 525-Direct Costs -Metropolitan Tranpsortaiton Plan Update $30,000 $24,000 $6,000 $30,000 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 hourly rate (base+ fnnge). Staff trme allocatrons are subject to change as planning activities fluctuate. The MJ>O Executive Director position is full-time, but is not funded by the MJ>O and does not appear in theta ble above. The MJ>O Director is the Director of the Jefferson City Department of Planning and Protective Services, MJ>O activities are only a portion of the Director's job duties.** The Capital Area Pedestrian and Bicycle Plan was programmed for update in FY 2022 at a cost of approximately $125,000. Due to project delays, is estimated that approximately 50% will be rolled over into FY 2023. JC Parks will pay $25,000 of local match associated with the Pedestrian/Bicycle Plan update. Note: The 2021 Bipartisan Infrastructure Law (BIL) requires each MPO to use at least 2.5% of its PL funds on specified planning activities related to Safe and Accessible Transportation Planning (Work Element 527). PL funds constitute -80% of CPG funds and the FY 2023 estimate is $4,610. Table 3: FY 2023 Local Match by Jurisdiction 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 $12,500 525-Direct Costs-M TP 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/Bicycle Plan update spanning FY 2022 and FY2023. Balance Revenue *The final amount of the FY 2022 CPG Allocation will not be released by MoDOT until May of 2022. This UPWP will have been adopted before this information is made available. Additionally, the MoDOT FY2022 SPR Work Program is also not available until after adoption of this document. CAMPO staff may make modifications to totals in Table 4 after these allocation amounts are made available. CAMPO may over-program or under-program annual CPO allocations in order to maintain a CPO balance to provide flexibility in accommodating large scale planning efforts that may require added staff or consultant services. Some years may require more funding than others in order to meet MPO planning goals and federal requirements. Capital Area Metropolitan Planning Organization FY 2023 UPWP 13 -15- BILL NO . 2022-108 SPONSORED BY Councilmember Fitzwater ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A $25,000 AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR THE DEVELOPMENT OF THE CAPITAL AREA ACTIVE TRANSPORTATION PLAN IN FY2023 . WHEREAS , the Missouri Department of Transportation is authorized to make grants for public transportation planning projects ; and WHEREAS, th e Missouri Department of Transportation made available 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 ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MI S SOURI , A S FOLLOWS : Section 1. The Mayor and City Clerk are hereby authorized and directed to execute an agreement with the Missouri Highways and Tran sportation Comm ission for the use of Section 5304 Statewide Planning Funds . Section 2 . The agreement shall be sub stantially the same in form and content as that agreement attached hereto as Exhibit A. Section ~-This Ordinance shall be in effect immediately upon passage . Passed : ________ _ Approved : ________ _ Presiding Office r Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk Ci~ -1- CCO Form: MO78 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 und erstanding 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 (80%) 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). -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 BILL SUMMARYBILL NO: 2022-109SPONSOR; Councilmember HenslevSUBJECT: Accept the Evergreen Solutions Compensation Study. Adopt theCompensation Recommendations and Salary Adjustments, and ApproveNecessary Budget Adiustments/Supplemental AppropriationsDATE INTRODUCED: March 6, 2023DEPARTMENT DIRECTOR(S): Tr-re/.CITY ADMINISTRATOR:Staff Recommendation: Approve.Origin of Request: City CouncilDepartment Responsible: Administration/Human Resources/FinancePERSON RESPONSIBLE: STEVE CROWELL / Gail Strope / Shiela PearreBackground Information: In 2022, the City Council authorized a contract withEvergreen Solutions LLC ("Evergreen") to conduct a Compensation Study ("Study'VEvergreen Solutions submitted their final recommendations in January ararecommends the City adopt the revised job compensation structure (i.e., pay planw/ththe necessary salary adjustments. The recommended pay plan adjustments will adjustall pay ranges to the 50^^ percentile of the identified labor market and place employeesalaries into their new recommended pay ranges with an adjusted Hybrid Parity modelin order to provide somewhat more competitive salaries and to help addresscompression. Since the Evergreen study was initiated. Cole County providedsalary/wage increases to their employees and the state did so as well, twice, once at7.5% and recently at 8.7%.In order to provide all employees with at least some increase in salary/wages to addressthese upward pressures in the competitive local job market, as well as implementingsome of the Evergreen recommended employee salary/wage compression changes,excluding the Fire Department and Police Department employees covered by aCollective Bargaining Agreement, the adjustments to the Evergreen Hybridrecommendation would include; (1) No employee would receive less than a 3%salary/wage increase; and (2) No employee would receive more than a 10% maximumsalary/wage increase (Department Directors and the City Administrator would besubject to a 3% cap); no such increases will be implemented which may place an employee above the new salary maximum ; however, no employee will have their pay lowered. The City Administrator currently has the ability to make some salary wage adjustments to any individual circumstances which may need to be addressed, on a limited basis, should any such circumstances arise. Although the Study has a number of recommendations for future action, this ordinance will update the City’s Compensation Plan and begin to address compression at the 50th percentile, putting the City in a better position to attract, reward and retain the best and brightest employees. Additionally, as Council has discussed, the 50th percentile pay plan implementation is an "initial step" with a desire to work towards making additional adjustments in the pay plan in the future. Such adjustments could include working towards a 60th or 70th percentile implementation, implementing: across the board salary/wage increases, merit (performance) pay, or a combination of the above. Fiscal Information: In addition to funds previously budgeted by the City Council for the implementation of the Study, the FY23 additional funds needed across all funds for the recommended pay plan adjustments totals approximately $190,000, including wages and benefits. In addition to the funding sources noted on Exhibit C, we would be using the $50,000 in Public Safety Tax funds City Council designated for use by/towards the Fire Command Staff for compression adjustments. With the use of the above funding sources, there is sufficient funding on an annual basis to implement pay plan recommendations as proposed. If the recommendations are approved, the implementation for FY23 would begin March 24, 2023, which would require a “checkmark” to authorize implementation upon second reading. BILL NO. 2022-109SPONSORED BY Councilmember HenslevORDINANCE NO.AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI ACCEPTING THEEVERGREEN SOLUTIONS COMPENSATION STUDY, ADOPTING SALARYADJUSTMENTS, AND APPROVING NECESSARY BUDGETADJUSTMENTS/SUPPLEMENTAL APPROPRIATIONS.BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, ASFOLLOWS:Section 1. The City of Jefferson, Missouri hereby accepts the Evergreen SolutionsCompensation Study and adopts the compensation recommendations, attached as ExhibitA.Section 2. There is hereby supplementally appropriated within the Parks Fund$14,694.89, within the Parking Fund $4,562.44, and within the Wastewater Fund$38,473.73, as indicated on Exhibit B, attached hereto.Section 3. This Ordinance authorizes the City Administrator to approve thenecessary budget adjustments, as indicated on Exhibit C, attached hereto.Section 4. This Ordinance shall be in full force and effect as of March 6, 2023.Passed: Approved:Presiding Officer Mayor Carrie TerginATTEST: APPROVED AS TO FORM:City Clerk January 10, 2023 Compensation Study for the City of Jefferson, MO FINAL REPORT PAGE 1.0 INTRODUCTION .......................................................................................................... 1-1 1.1 Study Methodology ............................................................................................ 1-1 1.2 Report Organization........................................................................................... 1-2 2.0 ASSESSMENT OF CURRENT CONDITIONS ................................................................ 2-1 2.1 Analysis of Pay Plans ......................................................................................... 2.1 2.2 Grade Placement Analysis ................................................................................ 2-3 2.3 Quartile Analysis ................................................................................................ 2-4 2.4 Conclusion ......................................................................................................... 2-8 3.0 MARKET SUMMARY ................................................................................................... 3-1 3.1 Market Data ....................................................................................................... 3-3 3.2 Salary Survey Conclusion .................................................................................. 3-8 4.0 RECOMMENDATIONS ................................................................................................ 4-1 4.1 Compensation Recommendations ................................................................... 4-1 4.2 Compensation and Classification System Administration .............................. 4-5 4.3 Summary ......................................................................................................... 4-10 APPENDIX: POSITION GRADE ASSIGNMENTS EVERGREEN SOLUTIONS, LLC Table of Contents Evergreen Solutions, LLC Page 1-1 The leadership of Jefferson City, MO (the “City) in keeping with its commitment to attracting and retaining the staff necessary to provide high quality services to its employees and citizens determined that its current compensation system needed to be updated to reflect market best practices. Evergreen Solutions, LLC (“Evergreen”) was selected by the City as its partner to accomplish this goal. This study and the analysis contained within provides the City with valuable information related to their employee demographics, market data, and internal and external equity. This study aims to address how the City is positioned in the market relative to other Cities in the state and to other local area government organizations with similar positions. The data gathered during the market portion of this study were used to develop recommendations that allow the City to recruit and retain quality employees. 1.1 STUDY METHODOLOGY Evergreen combines qualitative and quantitative data analysis to produce recommendations that maximize the fairness and competitiveness of an organization’s compensation structure and practices. It is important to note that the data utilized in the study represents a snapshot in time. As market conditions can change rapidly, it is important for the City to conduct regular market surveys to ensure their external market position does not decay. A full compensation and classification review is recommended approximately every five years. Some examples of project activities included:  Conducting a project kick-off meeting;  Conducting an analysis on the internal conditions at the City;  Conducting an external market salary survey;  Developing recommendations for compensation management;  Realigning positions based on the market results;  Developing recommendations for compensation changes; and  Creating draft and final reports; Kickoff Meeting The kickoff meeting provided an opportunity to finalize the work plan and begin the data collection process. Data collection included the gathering of relevant background material including existing pay plans, organization charts, policies, procedures, training materials, classification specifications, and other pertinent material. EVERGREEN SOLUTIONS, LLC Chapter 1 - Introduction Chapter 1 - Introduction Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 1-2 Internal Analysis The internal analysis was run on data provided by the City. Checks were run to evaluate employees’ salaries compared to the minimum, midpoint, and maximum of their pay ranges, as well as evaluating the employees’ salaries against the “expected salary” that an employee would expect to make based on the number of years an employee has spent in their current classification. Salary Survey The external market for this study was defined as identified local governmental organizations in the State of Missouri with similar positions, characteristics, demographics, and service offerings. Representative benchmark classifications were selected by Evergreen in consultation with the City. The benchmark classifications were included in the market survey and sent to each peer for a market comparison, although not all City positions had matching positions in the peer organizations. The data were then analyzed comparing City classifications to the jobs performing the same duties at peer organizations to gain a fuller understanding of their market position. Recommendations Evergreen developed recommendations for the City to consider helping maximize the effectiveness and efficiency of its current compensation structure. Evergreen provided recommendations designed to fix the issues identified in this report, while continuing to build on the strengths the City currently exhibits. 1.2 REPORT ORGANIZATION This report includes the following additional chapters:  Chapter 2 – Assessment of Current Conditions  Chapter 3 – Market Summary  Chapter 4 – Recommendations Chapter 2 - Assessment of Current Conditions An assessment of current conditions was conducted to help Evergreen better understand the current standing of all City pay plans, demographics, and compensation structures. This assessment should be considered a snapshot in time and reflects the conditions within the City upon this study's start. By leveraging this information, Evergreen gained a better understanding of the strengths and weaknesses of the current compensation system. When combined with the market results, the Assessment of Current Conditions helped provide a basis for recommendations. A full summary of the Assessment of Current Conditions can be found in Chapter 2 of this report. Chapter 1 - Introduction Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 1-3 Chapter 3 - Market Summary A salary survey was designed by Evergreen and approved by the City. After the results were received, the data were analyzed to compare the City to the overall results from public-sector peers. Combined with the Assessment of Current Conditions, the market survey gave Evergreen the information needed to understand the City’s position relative to its labor market. A full summary of the market results can be found in Chapter 3 of this report. Chapter 4 – Recommendations During the recommendations phase, Evergreen provided solution options based on their current relationship to market. Evergreen has given the City recommendations that will leverage the strengths of the current compensation structure and help expand its ability to recruit and retain talent in the most competitive classifications. A full explanation of the recommendations can be found in Chapter 4 of this report. Evergreen Solutions, LLC Page 2-1 The purpose of this chapter is to provide a statistical analysis of the classification and compensation system in place at the City at the start of this study. The assessment is divided into the following sections: 2.1 Analysis of Pay Plans 2.2 Grade Placement Analysis 2.3 Quartile Analysis 2.4 Compression Analysis 2.5 Conclusion The analysis represented in this chapter represents a snapshot in time – this chapter was built from employee information collected in March of 2022. Every organization changes continuously, so this chapter is not meant to be a definitive statement on continuing compensation practices in the City. Rather, this AOCC is meant to represent the conditions that were in place when this study began. The data contained in provide the baseline for analyses through this study but are not sufficient cause for recommendations in isolation. By reviewing employee data, Evergreen gained a better understanding of the structure and methods in place and identified issues for both further review and potential revision. 2.1 ANALYSIS OF PAY PLANS The purpose of analyzing the pay plan used within the City is to help gain an overview of the compensation philosophy as it existed when the study began. The City had a system in place that used numeric pay grades to represent classifications of varying level and responsibility. For this report's purpose, Evergreen only analyzed pay grades occupied by full-time employees. Exhibit 2A displays the City’s pay plan. The exhibit provides the name; each pay grade on the plan; the value of each pay grade at minimum, midpoint and maximum; the range spread for each pay grade – which is a measure of the distance between the minimum and maximum of the grade; the midpoint progression between grades; and the number of employees per pay grade. The City’s pay plan includes eighteen occupied pay grades that hold 324 employees (it is important to note that the Police ranks were excluded from these employees counts and subsequent tables). The range spread of all the grades is 50 percent. Pay grades 7 and 28 only have a single employee each, while pay grade 16 contains the most employees with 96. EVERGREEN SOLUTIONS, LLC Chapter 2 – Assessment of Current Conditions Chapter 2 - Assessment of Current Condition Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 2-2 EXHIBIT 2A PAY PLAN SUMMARY Comparing the summary data in Exhibit 2A to best practices, a few observations can be made regarding the City’s pay plan. Based on the analysis of the pay plan, the following facts can be observed:  Range spreads are set at a static 50 percent. In the market, range spreads are typically set anywhere between 50 and 70 percent.  The number of employees on each pay grade is widely varied. Multiple pay grades have only one incumbent occupying the grade, while several have over thirty employees.  The minimum annual pay offered to any City employee is $29,831 while the maximum salary of any pay grade is $180,871. Pay Plan Grade Minimum Midpoint Maximum Range Spread Midpoint Progression Employees General 7 29,831$ 37,289$ 44,747$ 50% ‐ 1 General 8 31,323$ 39,154$ 46,985$ 50% 5% 2 General 9 32,889$ 41,111$ 49,334$ 50% 5% 38 General 10 34,534$ 43,167$ 51,800$ 50% 5% 39 General 11 36,260$ 45,325$ 54,390$ 50% 5% 3 General 12 38,073$ 47,592$ 57,110$ 50% 5% 28 General 13 39,977$ 49,971$ 59,965$ 50% 5% 13 General 14 41,976$ 52,470$ 62,964$ 50% 5% 40 General 15 44,075$ 55,093$ 66,112$ 50% 5% 4 General 16 46,278$ 57,848$ 69,418$ 50% 5% 55 General 17 48,592$ 60,740$ 72,888$ 50% 5% 29 General 18 51,022$ 63,777$ 76,533$ 50% 5% 33 General 19 53,573$ 66,966$ 80,359$ 50% 5% 6 General 20 56,252$ 70,315$ 84,377$ 50% 5% 2 General 21 61,877$ 77,346$ 92,815$ 50% 10% 17 General 23 74,871$ 93,589$ 112,306$ 50% 21% 5 General 25 90,594$ 113,242$ 135,891$ 50% 21% 8 General 28 120,580$ 150,725$ 180,871$ 50% 33% 1 Chapter 2 - Assessment of Current Condition Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 2-3 2.2 GRADE PLACEMENT ANALYSIS The Grade Placement Analysis examines how employee salaries are distributed throughout the pay grades. This can help identify salary progression issues, which are usually accompanied by employee salaries that are clustered in segments of the pay grades. A clustering of employee salaries in the lower part of ranges can indicate a lack of salary progression for employees or an elevated level of employee turnover. A clustering of employee salaries in the high end of pay ranges can be a sign of high employee tenure or a sign that the pay ranges are behind market, forcing the organization to offer salaries near the maximum of the range to new hires. Regarding minimum and maximum salaries, employees at the grade minimum are typically newer to the organization or to the classification, while employees at the grade maximum are typically highly experienced and highly proficient in their classification. The Grade Placement Analysis examines how salaries compare to pay range minimums, midpoints, and maximums. Only pay grades with at least one incumbent are included in this analysis. Exhibit 2B displays the percentage and number of employees compensated at their pay grade minimum and pay grade maximum. The percentages presented are based on the total number of employees in that grade. As can be seen in the exhibit, 6.8 percent (22 total) of all employees are compensated at their pay grade’s minimum. A much smaller percentage of employees, at 0.9 percent (3 total), are compensated at their pay grade’s maximum. EXHIBIT 2B EMPLOYEES AT MINIMUM AND MAXIMUM BY GRADE Grade Employees # at Min % at Min # at Max % at Max 7100.0%00.0% 82150.0%00.0% 93837.9%00.0% 10 39 0 0.0% 1 2.6% 11 3 0 0.0% 0 0.0% 12 28 0 0.0% 0 0.0% 13 13 10 76.9% 0 0.0% 14 40 1 2.5% 0 0.0% 15 4 1 25.0% 0 0.0% 16 55 3 5.5% 0 0.0% 17 29 1 3.4% 2 6.9% 18 33 0 0.0% 0 0.0% 19 6 1 16.7% 0 0.0% 20 2 0 0.0% 0 0.0% 21 17 0 0.0% 0 0.0% 23 5 0 0.0% 0 0.0% 25 8 1 12.5% 0 0.0% 28 1 0 0.0% 0 0.0% Total 324 22 6.8% 3 0.9% Chapter 2 - Assessment of Current Condition Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 2-4 In addition to assessing the number of employees at minimum and maximum, an analysis was conducted to determine the number of employees below and above pay grade midpoint. The percentages refer to the percentage of employees in each pay grade that are above and below midpoint. Exhibit 2C shows the results of this analysis: 270 employees are compensated below their pay grade midpoint, 83.3 percent of all employees for the City. There are 54 employees compensated above midpoint of their pay grade, which is 16.7 percent of all employees. EXHIBIT 2C EMPLOYEES ABOVE AND BELOW MIDPOINT BY PAY GRADE 2.3 QUARTILE ANALYSIS The last part of the Grade Placement Analysis is a detailed look at how salaries are distributed through pay grades, through a quartile analysis. Here, each pay grade is divided into four segments of equal width, called quartiles. The first quartile represents the first 25 percent of the pay range; the second quartile represents the part of the range above the first quartile up to the mathematical midpoint; the third quartile represents the part of the range from the midpoint to 75 percent of the pay range; and the fourth quartile represents the part of the range above the third quartile up to the pay range maximum. Employees are assigned to a quartile within their pay range based on their current salary. Grade Employees # < Mid % < Mid # > Mid % > Mid 7 1 0 0.0% 1 100.0% 8 2 2 100.0% 0 0.0% 9 38 34 89.5% 4 10.5% 10 39 33 84.6% 6 15.4% 11 3 3 100.0% 0 0.0% 12 28 27 96.4% 1 3.6% 13 13 13 100.0% 0 0.0% 14 40 38 95.0% 2 5.0% 15 4 3 75.0% 1 25.0% 16 55 47 85.5% 8 14.5% 17 29 24 82.8% 5 17.2% 18 33 24 72.7% 9 27.3% 19 6 4 66.7% 2 33.3% 20 2 1 50.0% 1 50.0% 21 17 11 64.7% 6 35.3% 23 5 2 40.0% 3 60.0% 25 8 4 50.0% 4 50.0% 28 1 0 0.0% 1 100.0% Total 324 270 83.3% 54 16.7% Chapter 2 - Assessment of Current Condition Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 2-5 The quartile analysis is used to determine the location of employee salary clusters. Quartile analysis helps identify whether clusters exist in specific quartiles of pay grades. Additionally, the amount of time the employee has spent at the organization is also analyzed, to observe any relationship between organizational tenure and salary progression. This information, while not definitive alone, can shed light on any root issues within the current compensation and classification plan when combined with market data and employee feedback. Exhibit 2D shows the number of employees that are in each quartile of each grade, as well as the average overall tenure (i.e., how long an employee has worked for the City) by quartile. Overall, data provides that 65.1 percent of employees fall into Quartile 1 of their respective grade; 18.2 percent fall into Quartile 2; 10.5 percent fall into Quartile 3; and 6.2 percent fall into Quartile 4. While this distribution does not lead to a conclusion, data for average tenure does lead to determinations on the relationship between tenure and salary. Overall average tenure increases as quartile increases; the average tenure in Quartile 1 is 8.4 years; in Quartile 2 is 16 years; in Quartile 3 is 19.9 years; and in Quartile 4 is 25.2 years. This indicates that employees are moved through their pay grades equitably, or at least a positive linear relationship exists between tenure and pay. Exhibit 2E displays a graphical representation of the data contained in Exhibit 2D. Each pay grade is divided into up to four sections representing the percentage of employees in that pay grade who belong in each quartile. For example, pay grade 8 has zero employees in Quartile 2, 3, or 4. That pay grade is represented by a 100 percent blue bar, showing that 100 percent of pay grade 8 employees are in Quartile 1. Pay grades 16 – 19, however, have employees in all four quartiles, represented by bars displaying all four colors. Chapter 2 - Assessment of Current Condition Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 2-6 EXHIBIT 2D QUARTILE ANALYSIS AND TIME WITH THE ORGANIZATION # Employees Avg Tenure # Employees Avg Tenure # Employees Avg Tenure# Employees Avg Tenure7119.70‐0‐119.70‐8 2 1.9 2 1.9 0 ‐ 0 ‐ 0 ‐9 38 10.8 31 6.4 3 20.7 1 27.0 3 40.310 39 8.5 27 5.6 6 10.8 4 16.4 2 25.111 3 2.0 3 2.0 0 ‐ 0 ‐ 0 ‐12 28 8.8 22 6.2 5 16.5 1 29.3 0 ‐13 13 3.2 13 3.2 0 ‐ 0 ‐ 0 ‐14 40 10.3 32 9.4 6 13.5 2 16.4 0 ‐15 4 13.4 2 4.0 1 20.5 0 ‐ 1 24.816 55 13.0 40 10.3 7 18.9 5 24.2 3 16.717 29 16.8 13 13.6 11 16.7 2 25.3 3 25.918 33 16.7 17 12.7 7 19.3 7 20.5 2 28.419 6 14.4 3 5.7 1 23.6 1 22.7 1 23.020 2 8.8 0 ‐ 1 1.8 1 15.9 0 ‐21 17 15.6 3 14.8 8 13.9 4 17.9 2 19.423 5 22.0 2 26.4 0 ‐ 2 19.2 1 18.625 8 16.2 1 12.6 3 14.7 2 14.7 2 21.828 1 8.3 0 ‐ 0 ‐ 1 8.3 0 ‐Overall 324 12.0 211 8.4 59 16.0 34 19.9 20 25.24th QuartileAverage TenureGRADETotal Employees1st Quartile 2nd Quartile 3rd Quartile Chapter 2 - Assessment of Current Condition Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 2-7 EXHIBIT 2E QUARTILE PLACEMENT BY PAY GRADE Chapter 2 - Assessment of Current Condition Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 2-8 Studying the data from the following exhibits can reveal certain patterns. One thing that can be observed is the percentage of employees in Quartile 1 generally decreasing as you progress through the grades. For example, you can observe the blue Quartile 1 bars decreasing from pay grades 13 through 28. This indicates that as employees on the pay plan move up into the highest pay grades, they are progressing through the individual pay range, too. There are many reasons why this might be the case. One explanation is that employees who are promoted in the City could be expected to have progressed through their current pay grade to near the maximum. Then when they are promoted, they do not start back over at their new pay grade minimum, as that would result in a pay decrease. Instead, when an employee is promoted, they might start towards the midpoint of their new pay grade from day one. Another explanation is as you move to higher pay grades, positions are more competitive on the open market. There are typically more certifications required, more experience is desirable, and there are fewer employees available to fill the position. That requires the hiring managers to bid up the price of a new hire to attract high quality employees. It is impossible to determine why this pattern is occurring without more data. However, it is something that bears watching in the future, as the City could gather valuable information about itself. 2.4 CONCLUSION The City utilizes one pay plan to classify employees. This provides a unified approach to allow the City to adjust the pay plan as much or as little as needed for all employees at once. There were many observations made about the City’s compensation system at the start of the study.  Range spreads are set to 50 percent for each pay grade.  Most employees are paid below their pay grade midpoint.  More than half of employees (65.1 percent) are in Quartile 1 of their pay grade. This can indicate a workforce with a high turnover, a workforce experiencing compression, or that has recently expanded with many new hires. Further analysis is required to determine the cause of this imbalance.  While there will always be outliers, the City has a consistent and positive relationship between tenure and pay grade penetration. This analysis acts as a starting point for the development of recommendations in subsequent chapters of this report. Paired with market data, Evergreen can make recommendations that will ensure that the City compensation system is structurally sound in terms of best practice, competitive with the market, and treats all employees equitably moving forward. Evergreen Solutions, LLC Page 3-1 The market summary chapter benchmarks the City’s compensation practices against its market peers to establish how competitive the City is for employees within its market. To complete this market study, Evergreen compared pay ranges of select benchmark positions that the City possesses against the compensation of positions performing those same duties within peer organizations. By aggregating the differences in pay ranges across all the positions, a reasonable determination is made as to the City’s competitive position within the market. The City wanted to look at the difference between competing in the 50th percent and 70th percent of the market. Competing in the 70th percentile would be a more aggressive approach for the City. These two positionings are discussed in this chapter. It is important to note that individual salaries are not analyzed in this methodology, since individual compensation can be affected by several variables such as experience and performance. For this reason, Evergreen looked at average pay ranges across the entire classification to make the most accurate comparison. The results of this market study should be considered reflective of the current state of the market at the time of this study; however, market conditions can change rapidly. Consequently, it is necessary to perform market surveys of peer organizations at regular intervals for an organization to consistently monitor its position within the market. Furthermore, the market results detailed in this chapter provide a foundation for understanding the City’s overall structural standing to the market, and the rates reflected in this chapter, while a crucial factor, are not the sole determinant for how classifications were placed into the proposed salary ranges outlined in Chapter 4. Evergreen conducted a comprehensive market salary survey for the City, which included 17 peers including cities, a county, a non-profit association, and the State. Target peers were selected based on several factors, including geographic proximity and population size. Target organizations were also identified for their competition to the City for employee recruitment and retention efforts. The list of targets provided data for this study are included in Exhibit 3A. EVERGREEN SOLUTIONS, LLC Chapter 3 – Market Summary Chapter 3 – Market Summary Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 3-2 EXHIBIT 3A TARGET MARKET PEERS Since the data collected for the market summary was from various regions of Missouri, it was necessary to adjust peer responses relative to the City based on cost-of-living. For all organizations that fell outside the City’s immediate region, a cost-of-living adjustment was applied to the reported pay ranges to ensure the market average was attained in terms of the spending power an employee would have in the City. Evergreen utilizes cost-of-living index information from the Council for Community and Economic Research, and the scale is based on the national average cost of living being set at 100. The cost-of-living index figures for The City and each of the respondent market peers are in Exhibit 3B. Ashland, MO Blue Springs, MO Boone County, MO Cape Girardeau, MO Clayton, MO Columbia, MO Florissant, MO Fulton, MO Independence, MO Joplin, MO Mid-America Regional Council O'Fallon, MO St. Charles, MO St. Joseph, MO State of Missouri University City, MO Wentzville, MO Target Respondents Chapter 3 – Market Summary Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 3-3 EXHIBIT 3B RESPONDENTS WITH COST-OF-LIVING ADJUSTMENTS 3.1 MARKET DATA The results of the market study are displayed in Exhibits 3C-1 and 3C-2, representing the City’s positioning in the 50th percentile and 70th percentile, respectively. These exhibits include the benchmark job titles and the market average salaries for each position at the minimum, midpoint, and maximum points of the pay ranges. Also included within the exhibits are the percentage differentials of the City’s pay ranges at each respective point, relative to the market average pay. A positive percent differential is indicative of the City’s pay range exceeding that of the average of its market peers, while a negative differential indicates the City’s compensation for a given position lagged behind the peer average. The exhibits also include the average pay range for the market respondents for each position, as well as how many responses each benchmark received. While all benchmarks are surveyed by each peer, not every peer organization possesses an appropriate match to supply salary information for. Consequently, the benchmarks receive varying levels of response. For this study’s purpose, all positions that received less than five matches from market peers were not considered in establishing the City’s competitive position. The rationale behind these positions being excluded is that insufficient response can lead to unreliable averages that may skew the aggregated data, blurring the reality of the City’s actual position in the market. Fifty-eight of the 72 positions surveyed had a sufficient response for inclusion. Market Peers Cost of Living Index Ashland, MO 92.4 Blue Springs, MO 92.4 Boone County, MO 92.4 Cape Girardeau, MO 91.3 Clayton, MO 104.2 Columbia, MO 92.4 Florissant, MO 104.2 Fulton, MO 90.0 Independence, MO 92.4 Jefferson City, MO 94.6 Joplin, MO 87.6 MARC 92.4 O'Fallon, MO 95.7 St. Charles, MO 95.7 St. Joseph, MO 89.2 State of MO 94.6 University City, MO 104.2 Chapter 3 – Market Summary Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 3-4 EXHIBIT 3C-1 MARKET SURVEY RESULTS – 50TH PERCENTILE Chapter 3 – Market Summary Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 3-5 EXHIBIT 3C-1 MARKET SURVEY RESULTS – 50TH PERCENTILE (CONTINUED) Chapter 3 – Market Summary Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 3-6 EXHIBIT 3C-2 MARKET SURVEY RESULTS - 70TH PERCENTILE Average % Diff Average % Diff Average % Diff 1 Accountant $52,612.70 -12.8% $61,829.84 -6.7% $72,828.42 -4.8% 51.4% 13.0 2 Accounting Technician $37,630.98 -8.6% $48,464.19 -11.6% $56,544.98 -8.8% 48.4% 11.0 3 Administrative Assistant $36,020.97 5.5% $43,830.14 8.2% $51,352.45 10.6% 46.1% 16.0 4 Airport Manager $63,276.40 -2.2% $78,927.10 -2.0% $97,259.36 -4.7% 53.6% 5.0 5 Animal Control Manager $55,180.11 -3.0% $69,403.89 -3.6% $83,627.67 -4.0% 58.5% 5.0 6 Animal Control Officer $32,487.80 6.1% $41,668.25 3.5% $49,240.46 5.1% 56.0% 7.0 7 Assistant Fire Chief $88,341.92 -16.5% $108,240.25 -14.5% $125,505.10 -11.1% 43.2% 9.0 8 Building Inspector I $48,086.90 -13.6% $58,518.14 -10.9% $68,059.12 -7.8% 41.6% 14.0 9 Building Official Mgr $68,605.27 -19.8% $81,723.51 -15.0% $93,895.10 -10.7% 42.1% 11.0 10 Building Service Worker $38,233.00 -24.7% $48,995.50 -27.1% $57,249.15 -24.5% 51.5% 8.0 11 Bus Driver $32,043.10 2.6% $38,665.70 6.1% $45,288.31 8.6% 38.7% 2.0 12 City Administrator $146,585.80 -19.5% $183,140.42 -19.4% $230,253.39 -24.0% 51.5% 10.0 13 City Clerk $69,425.82 -30.6% $86,787.40 -30.6% $104,148.97 -30.6% 47.1% 11.0 14 City Counselor $109,709.31 -19.1% $148,140.66 -26.7% $182,429.49 -29.2% 53.7% 5.0 15 City Engineer $75,963.87 -1.4% $99,700.34 -6.3% $122,879.15 -9.0% 49.6% 12.0 16 Civil Engineer II $59,979.97 3.1% $75,069.63 3.0% $90,159.29 2.9% 45.4% 7.0 17 Collection System Mgr $64,994.17 -4.9% $83,451.60 -7.6% $104,789.31 -12.1% 54.1% 5.0 18 Communications Oper I $48,001.09 -27.9% $59,773.47 -27.5% $71,545.85 -27.2% 49.7% 5.0 19 Communications Supv $54,706.97 -11.8% $66,153.43 -8.5% $77,599.88 -6.3% 48.0% 5.0 20 Construction Inspector $45,237.49 2.3% $58,671.25 -1.4% $68,039.13 2.0% 47.7% 11.0 21 Customer Service Rep. $35,975.09 -9.0% $44,740.97 -8.5% $53,506.85 -8.1% 43.1% 7.0 22 Deputy Court Clerk I $37,624.10 -8.6% $44,591.53 -3.2% $52,080.41 -0.5% 40.1% 7.0 23 Dir of Finance & ITS $114,414.79 -23.2% $147,495.36 -26.3% $174,160.09 -24.7% 50.0% 10.0 24 Director of Human Res $87,852.02 3.1% $111,052.60 2.0% $131,078.49 3.6% 51.5% 11.0 25 Director of P&PS $96,566.82 -6.4% $120,374.53 -6.1% $145,017.63 -6.5% 51.6% 10.0 26 Director of Parks & Rec $97,446.10 -7.3% $120,629.44 -6.3% $142,940.81 -5.1% 46.1% 12.0 27 Director of Public Works $98,681.11 -8.5% $126,975.40 -11.4% $165,216.80 -19.5% 61.4% 14.0 28 Environmental Health Spe $52,706.25 -13.0% $65,053.15 -11.7% $73,001.08 -5.0% 42.2% 4.0 29 Equip Operator Spec I $35,946.36 5.7% $45,376.05 4.8% $54,080.20 5.4% 53.3% 6.0 30 Evidence Technician $34,986.03 13.3% $42,866.91 15.3% $50,948.01 16.3% 43.3% 5.0 31 Fire Captain $62,700.50 -20.5% $71,502.06 -11.4% $93,655.50 -20.1% 44.0% 8.0 32 Fire Chief $102,155.56 -12.0% $128,196.63 -12.4% $149,072.26 -9.3% 46.6% 10.0 33 Fire Driver Engineer $45,724.96 1.2% $60,042.11 -3.7% $72,556.81 -4.4% 48.6% 7.0 34 Fire Fighter $46,589.10 -10.4% $56,687.46 -7.7% $67,802.40 -7.4% 42.5% 8.0 35 Firefighter Trainee $39,446.49 1.3% $48,346.15 3.3% $55,493.31 7.7% 29.2% 5.0 36 GIS Manager/Temp ITS Mgr $65,594.45 -5.8% $82,287.66 -6.2% $98,980.87 -6.4% 47.8% 8.0 37 GIS Specialist $47,416.75 7.3% $61,799.42 3.2% $75,758.70 1.0% 55.0% 11.0 38 Golf Course Superintend $53,514.71 -14.5% $68,531.00 -16.9% $80,357.45 -14.6% 48.9% 5.0 39 HR Specialist $49,651.44 -7.0% $62,891.29 -8.4% $75,795.45 -8.8% 46.7% 13.0 40 IT Support Tech I $47,852.19 -32.3% $58,238.82 -29.7% $67,106.46 -25.7% 42.6% 8.0 41 Lab Analyst $41,945.85 4.9% $52,785.56 4.3% $63,625.27 3.8% 49.6% 2.0 42 Mechanic $40,733.93 12.7% $52,536.48 9.6% $61,056.91 12.8% 49.7% 8.0 43 Mechanic Supervisor $45,298.45 7.0% $57,350.16 5.7% $66,722.24 8.8% 50.8% 5.0 44 Municipal Court Admin $55,679.88 -18.4% $69,594.52 -18.4% $83,509.17 -18.4% 46.3% 11.0 45 Neighborhood Serv Spec I $38,377.93 -0.8% $48,483.29 -1.9% $59,441.36 -4.0% 46.5% 4.0 46 Neighborhood Serv Superv $50,428.80 1.2% $63,660.38 0.2% $78,715.57 -2.8% 50.7% 3.0 47 Paralegal $41,545.31 1.0% $51,173.81 2.5% $61,211.68 2.8% 45.3% 4.0 48 Parking Division Supv $43,509.61 11.0% $55,178.43 9.6% $66,847.26 8.6% 43.6% 5.0 49 Parking Enforcement Offc $37,396.25 -17.7% $44,935.02 -13.8% $52,473.80 -11.0% 43.0% 4.0 50 Parks Maintenance Worker $34,878.27 -5.9% $43,715.44 -6.1% $51,021.55 -3.4% 47.4% 11.0 # Resp.ID Classification Survey Minimum Survey Midpoint Survey Maximum Survey Avg Range Chapter 3 – Market Summary Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 3-7 EXHIBIT 3C-2 MARKET SURVEY RESULTS - 70TH PERCENTILE (CONTINUED) Average % Diff Average % Diff Average % Diff 51 Parks Manager $61,954.85 -0.1% $75,230.74 2.8% $88,804.38 4.4% 45.7% 10.0 52 Parts Technician $30,915.14 11.1% $39,638.73 8.5% $48,362.31 6.9% 42.3% 4.0 53 Plan Reviewer $54,767.62 -2.2% $64,163.83 4.3% $76,449.14 5.0% 42.2% 10.0 54 Planner I $48,918.72 -5.5% $60,585.52 -4.6% $73,337.48 -5.5% 45.0% 12.0 55 Planner Manager $70,227.10 -22.1% $88,166.42 -22.5% $106,105.75 -22.8% 42.0% 7.0 56 Police Chief $110,775.45 -20.0% $132,332.87 -15.5% $148,967.61 -9.2% 39.6% 12.0 57 Police Information Mgr $41,367.46 11.2% $54,805.49 5.4% $67,767.46 2.4% 64.2% 3.0 58 Prop/Housing Inspector I $42,930.57 -2.2% $54,473.80 -3.7% $68,079.11 -7.8% 48.9% 7.0 59 Pumping System Mechanic $38,428.44 18.5% $45,068.86 24.8% $51,709.28 29.2% 39.9% 2.0 60 Recreation Program Spec $39,907.93 -4.7% $50,154.85 -5.2% $60,401.76 -5.6% 48.5% 10.0 61 Sr. Utility Maint Wkr $35,169.86 -1.8% $42,707.22 1.1% $49,257.75 5.0% 37.9% 4.0 62 Street Maint Crew Leader $45,243.44 -7.5% $55,339.12 -5.3% $63,137.12 -0.3% 44.0% 7.0 63 Street Maint Worker $34,833.31 -5.7% $43,845.02 -6.4% $51,016.55 -3.4% 46.8% 8.0 64 Street Supervisor $57,810.63 -17.3%$72,006.10 -17.0% $88,328.00 -19.2% 43.2% 9.0 65 Systems Analyst $54,907.89 -7.3% $69,919.61 -9.2% $84,697.52 -10.1% 50.0% 7.0 66 Transit Division Manager $121,581.41 -65.1% $158,500.47 -68.8% $195,419.53 -71.2% 61.4% 2.0 67 Utilities Electrician $45,558.48 1.6% $59,494.51 -2.8% $73,430.54 -5.6% 64.2% 4.0 68 Utility Crew Supervisor $52,334.46 -7.4% $61,431.18 -1.1% $77,728.61 -6.4% 47.2% 6.0 69 Veterinarian Assistant $32,378.93 1.6% $40,476.22 1.6% $48,573.51 1.6% 50.0% 1.0 70 Wastewater Supervisor $57,036.05 -16.0% $69,021.42 -12.8% $81,592.10 -11.3% 41.4% 8.0 71 WWTP Manager $60,998.00 1.4% $74,899.81 3.2% $88,801.63 4.4% 53.3% 8.0 72 WWTP Operator II $36,021.49 15.3% $49,305.77 6.2% $57,253.76 9.5% 49.3% 9.0 Overall Average -7.7% -7.3% -6.5% 47.7% 7.6 Outliers Removed*-7.4% -7.3% -6.7% # Resp.ID Classification Survey Minimum Survey Midpoint Survey Maximum Survey Avg Range Chapter 3 – Market Summary Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 3-8 Private Sector The private sector is almost always going to show significantly more variation in terms of pay in a given market. Top employers in the private sector have the ability to hire – and fire – employees much more rapidly than their public-sector comparators, so there is less risk in hiring employees at elevated salaries. If an employee is not “profitable” to a private sector firm, they have the ability to lay that employee off and recoup salary savings immediately, while the public sector will be much slower to result to layoffs. While the cities can typically compete with the lowest paying private companies in the market, higher paying private-sector peers quickly outpace the rates that they are able to pay for talent. 3.2 SALARY SURVEY CONCLUSION The standing of individual classifications pay range relative to the market should not be considered a definitive assessment of actual employee salaries being similarly above or below the market; however, such differentials can, in part, explain symptomatic issues with recruitment and retention of employees. The main summary points of the market study are as follows:  The City is approximately 0.2 percent below the market minimum in the 50th percentile and 7.4 percent below the market minimum in the 70th percentile.  The City is 0.7 above the market midpoint in the 50th percentile and 7.3 percent below the market midpoint in the 70th percentile.  The City is approximately 1.3 percent above the market maximum in the 50th percentile and 6.7 percent below the market maximum in the 70th percentile.  The City’s pay range spread is 50 percent, while its peers’ pay range spread is only 47 percent. That means that the City’s salary scale is wider than its peers. As a result, even though the City is below the average compared to the market at the minimum, because it has a wider spread it catches up to its peers at the higher end of the spectrum and slightly surpasses the market at the maximum, when being compared to the 50th percentile. The results of the market summary chapter are pivotal in the formulation of recommendations by Evergreen Solutions. By establishing the City’s market position relative to its peers, Evergreen is better able to propose recommendations that enable the City to occupy its desired competitive position. Evergreen Solutions, LLC Page 4-1 After reviewing the information provided in the preceding sections of this report, Evergreen developed recommendations to improve the City’s current compensation system. The recommendations and findings that led to each are discussed in detail in this section. The recommendations are organized into two sections: compensation and administration of the system. 4.1 COMPENSATION RECOMMENDATIONS The compensation analysis consisted of two parts: an external market assessment and an internal equity assessment. During the external market assessment, the City’s compensation for selected benchmark classifications was compared to average compensation offered in the market the City competes for employees in. The external assessment consisted of comparing the City against its peer organizations within its market, and revealed that the City is currently slightly behind the market at the minimum of the pay range, and slightly ahead of the market at the maximum of the pay range. During the internal equity assessment, consideration of the relationships between and the type of work being performed by the City’s employees in their classifications was reviewed and analyzed. FINDING The City currently maintains an organized and defined overall pay plan. However, Evergreen recommended additional pay grades to be created on the new pay plan. RECOMMENDATION 1: Adjust the pay plan to reflect the 50th or 70th percentile of the market. For the City to maintain alignment with the market, it will be necessary to shift ranges to adjust for the annual market movement found in the region. The City will find that if no adjustment is made to its ranges, it will quickly lose ground in the labor market. Two separate pay plans were created to reflect the market's 50th and 70th percentile. The City can approximate what market position it wants to be. If the City chooses to go with the 70th percentile, it must maintain strong adjustments each year to ensure it does not fall behind market. EVERGREEN SOLUTIONS, LLC Chapter 4 - Recommendations Chapter 4 - Recommendations Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 4-2 EXHIBIT 4-1 50TH PERCENTILE - PROPOSED PAY PLAN Grade Minimum Midpoint Maximum Range Spread Midpoint Progression 101 31,200.00$ 39,000.00$ 46,800.00$ 50.0% ‐ 102 32,760.00$ 40,950.00$ 49,140.00$ 50.0% 5.0% 103 34,398.00$ 42,997.50$ 51,597.00$ 50.0% 5.0% 104 36,117.90$ 45,147.38$ 54,176.85$ 50.0% 5.0% 105 37,923.80$ 47,404.74$ 56,885.69$ 50.0% 5.0% 106 39,819.98$ 49,774.98$ 59,729.98$ 50.0% 5.0% 107 41,810.98$ 52,263.73$ 62,716.48$ 50.0% 5.0% 108 43,901.53$ 54,876.92$ 65,852.30$ 50.0% 5.0% 109 46,096.61$ 57,620.76$ 69,144.91$ 50.0% 5.0% 110 48,401.44$ 60,501.80$ 72,602.16$ 50.0% 5.0% 111 50,821.51$ 63,526.89$ 76,232.27$ 50.0% 5.0% 112 53,362.59$ 66,703.23$ 80,043.88$ 50.0% 5.0% 113 56,030.72$ 70,038.40$ 84,046.08$ 50.0% 5.0% 114 58,832.25$ 73,540.32$ 88,248.38$ 50.0% 5.0% 115 64,715.48$ 80,894.35$ 97,073.22$ 50.0% 10.0% 116 71,187.03$ 88,983.78$ 106,780.54$ 50.0% 10.0% 117 78,305.73$ 97,882.16$ 117,458.59$ 50.0% 10.0% 118 86,136.30$ 107,670.38$ 129,204.45$ 50.0% 10.0% 119 94,749.93$ 118,437.42$ 142,124.90$ 50.0% 10.0% 120 104,224.93$ 130,281.16$ 156,337.39$ 50.0% 10.0% 121 114,647.42$ 143,309.27$ 171,971.13$ 50.0% 10.0% 122 126,112.16$ 157,640.20$ 189,168.24$ 50.0% 10.0% 123 138,723.38$ 173,404.22$ 208,085.06$ 50.0% 10.0% 124 152,595.71$ 190,744.64$ 228,893.57$ 50.0% 10.0% 125 167,855.28$ 209,819.11$ 251,782.93$ 50.0% 10.0% F1 41,975.85$ 52,469.80$ 62,963.75$ 50.0% ‐ F2 44,074.64$ 55,093.29$ 66,111.94$ 50.0% 5.0% F3 48,592.28$ 60,740.34$ 72,888.40$ 50.0% 10.2% F4 53,572.98$ 66,966.23$ 80,359.48$ 50.0% 10.3% F5 64,970.64$ 81,213.30$ 97,455.96$ 50.0% 21.3% F6 78,614.47$ 98,268.08$ 117,921.69$ 50.0% 21.0% F7 95,123.50$ 118,904.38$ 142,685.26$ 50.0% 21.0% Chapter 4 - Recommendations Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 4-3 EXHIBIT 4-2 70TH PERCENTILE - PROPOSED PAY PLAN Grade Minimum Midpoint Maximum Range Spread Midpoint Progression 101 33,072.00$ 41,340.00$ 49,608.00$ 50.0% ‐ 102 34,725.60$ 43,407.00$ 52,088.40$ 50.0% 5.0% 103 36,461.88$ 45,577.35$ 54,692.82$ 50.0% 5.0% 104 38,284.97$ 47,856.22$ 57,427.46$ 50.0% 5.0% 105 40,199.22$ 50,249.03$ 60,298.83$ 50.0% 5.0% 106 42,209.18$ 52,761.48$ 63,313.78$ 50.0% 5.0% 107 44,319.64$ 55,399.55$ 66,479.46$ 50.0% 5.0% 108 46,535.63$ 58,169.53$ 69,803.44$ 50.0% 5.0% 109 48,862.41$ 61,078.01$ 73,293.61$ 50.0% 5.0% 110 51,305.53$ 64,131.91$ 76,958.29$ 50.0% 5.0% 111 53,870.80$ 67,338.50$ 80,806.20$ 50.0% 5.0% 112 56,564.34$ 70,705.43$ 84,846.51$ 50.0% 5.0% 113 59,392.56$ 74,240.70$ 89,088.84$ 50.0% 5.0% 114 62,362.19$ 77,952.74$ 93,543.28$ 50.0% 5.0% 115 68,598.41$ 85,748.01$ 102,897.61$ 50.0% 10.0% 116 75,458.25$ 94,322.81$ 113,187.37$ 50.0% 10.0% 117 83,004.07$ 103,755.09$ 124,506.11$ 50.0% 10.0% 118 91,304.48$ 114,130.60$ 136,956.72$ 50.0% 10.0% 119 100,434.93$ 125,543.66$ 150,652.39$ 50.0% 10.0% 120 110,478.42$ 138,098.03$ 165,717.63$ 50.0% 10.0% 121 121,526.26$ 151,907.83$ 182,289.39$ 50.0% 10.0% 122 133,678.89$ 167,098.61$ 200,518.33$ 50.0% 10.0% 123 147,046.78$ 183,808.47$ 220,570.17$ 50.0% 10.0% 124 161,751.46$ 202,189.32$ 242,627.18$ 50.0% 10.0% 125 177,926.60$ 222,408.25$ 266,889.90$ 50.0% 10.0% F1 43,974.70$ 54,968.36$ 65,962.03$ 50.0% ‐ F2 46,173.44$ 57,716.78$ 69,260.13$ 50.0% 5.0% F3 50,906.20$ 63,632.73$ 76,359.27$ 50.0% 10.2% F4 56,124.08$ 70,155.10$ 84,186.12$ 50.0% 10.3% F5 68,064.48$ 85,080.60$ 102,096.72$ 50.0% 21.3% F6 82,358.01$ 102,947.51$ 123,537.01$ 50.0% 21.0% F7 99,653.19$ 124,566.49$ 149,479.79$ 50.0% 21.0% Chapter 4 - Recommendations Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 4-4 Implementation of the new compensation structure requires two steps. First, all positions were assigned to an appropriate pay grade within the plan. As the City was in a appropriate market position overall, major changes were not needed. However, some positions were found to be further behind the market than others. Those positions were reassigned to an appropriate grade in the updated pay plan, based on the market results and internal equity in the City. Assigning pay grades to classifications requires a balance of internal equity and desired market position, and recruitment and retention concerns also played a role in the process. Thus, the market results discussed in Chapter 3 were not the sole criteria for the proposed pay ranges. RECOMMENDATION 2: Evergreen recommends the City adopt a methodology to transition employee salaries into the proposed pay plan that aligns with its established compensation philosophy and meets the available financial resources of the organization. The second step of implementing the proposed structure is then to transition employee salaries into their new recommended pay ranges. The City has chosen to move forward with the Hybrid Parity option. Hybrid Parity This option consists of placing employees into their proposed pay ranges based on how long employees have been with the City. The parity effectively divides the pay range into 30 equal segments, where each segment represents a year of class time. Additionally, employees are given partial credit for anytime they have spent at the City outside of their current classification at half credit. For example, an employee who has been in their classification for 5 years, but had 25 years with the City over all, would be placed at the midpoint of the range, due to their receiving 5 years of class time at straight credit, and the remaining 20 years of experience at half credit, for a total of 15 years of credit. If an employee’s current salary is higher than their hybrid parity projected salary, the employee would maintain his or her current salary, as no salaries are decreased as part of this adjustment. This methodology seeks to re-align employee salaries based on years in classification, while also giving credit for additional experience, and can space out compressed employee salaries along the range based on this factor. However, this methodology does not account for experience employees may have outside of the City. If the City goes with the pay plan at the market's 50th percentile, the estimated total cost for this adjustment would be $603,306.75 and would affect 150 General employees. For employees within the Fire Department, this option's total cost would be $391,164.42 and affect 74 employees. If the City goes with the pay plan at the market's 70th percentile, the estimated total cost for this adjustment would be $1,182,038.94 and would affect 206 General employees. For employees within the Fire Department, this option's total cost would be $592,792.12 and affect 74 employees. Chapter 4 - Recommendations Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 4-5 FINDING At the request of the City, Evergreen conducted a review of job descriptions for the position of Administrative Assistant. The City shared updated job descriptions for this classification for various departments. Employees and Department Heads provided feedback on the descriptions, and Evergreen reviewed them to determine if there were any discrepancies in the duties or responsibilities of the position. RECOMMENDATION 3: Adjust job titles of Administrative Assistants to better reflect the work performed. Upon review of the job descriptions, Evergreen determined some employees are working at a higher level than others. Evergreen recommends to update titles of Administrative Assistants as appropriate based on the review. As a result of this review, Evergreen is recommending an upgrade to the classification of the Administrative Assistant positions in the Administration and Parks and Recreation departments. These two positions have taken on additional responsibilities and are asked to work at a higher level than the Administrative Assistants in other departments according to the updated job descriptions provided for review. These positions are recommended for a new title of Administrative Assistant, Senior. 4.2 COMPENSATION AND CLASSIFICATION SYSTEM ADMINISTRATION Any organization’s compensation and classification system will need periodic maintenance. The recommendations provided in this chapter were developed based on conditions at the time the study was conducted. Without proper upkeep of the system, the potential for recruitment and retention issues may increase as the compensation and classification system becomes dated and less competitive. RECOMMENDATION 4: Conduct small-scale salary surveys as needed to assess the market competitiveness of hard-to-fill classifications and/or classifications with retention issues and adjust pay grade assignments if necessary. While it is unlikely that the pay plan will need to be adjusted for several years, a small number of classifications’ pay grades may need to be reassigned more frequently. If one or more classifications are exhibiting high turnover or are having difficulty with recruitment, the City should collect salary range data from peer organizations to determine whether an adjustment is needed for the pay grade of the classification(s). RECOMMENDATION 5: Conduct a comprehensive classification and compensation study every three to five years. While small-scale salary surveys can improve the market position of specific classifications, it is recommended that a full classification and compensation study be conducted every three to five years to preserve both internal and external equity for the City. Changes to classification and compensation do occur, and while the increments of change may seem minor, they can compound over time. A failure to react to these changes quickly can place the City in a poor position for recruiting and retaining quality employees. Chapter 4 - Recommendations Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 4-6 While the previous two recommendations intend to maintain the competitiveness over time of the classification and compensation structure, it is also necessary to establish procedures for determining equitable pay practices for individual employees. RECOMMENDATION 6: Revise policies and practices for moving employees’ salaries through the pay plan, including procedures for determining salaries of newly hired employees and employees who have been promoted, demoted, or transferred to a different classification. The method of moving salaries through the pay plan and setting new salaries for new hires, promotions, demotions, and transfers depends largely on an organization’s compensation philosophy. However, it is important for the City to have established guidelines for each of these situations, and that they are followed consistently for all employees. Common practices for progressing and establishing employee salaries are outlined below. Salary Progression As outlined above, Evergreen recommends City implement the new pay plan which would involve a one-time salary adjustment for employees to ensure they are placed properly in their salary range. While this major adjustment should be performed when the City has the financial resources to do so, the City should continue to adjust salaries annually when financially feasible. Based on the feedback from employees and City leadership, Evergreen recommends that the basis of salary adjustment in the future be done at three distinct levels.  Structural: Adjustment to the ranges should be done annually and with the aim of adjusting for the changes in cost of living. Evergreen recommends the City tie the annual compensation structure movement to the local change in the Consumer-Price- Index (CPI). This annual adjustment will ensure the City’s pay ranges do not rapidly fall out of line with that of its peers; however, when conducting the small-scale surveys referenced above, the City should also collect pay plan movement and anticipated movement from its peers to gauge if market movement is keeping pace with CPI movement.  Classification: As a result of the market surveys, the City may identify classifications or job families that are experiencing considerable market movement and as a result, reassignment of the pay grades should be considered when this occurs. Alternatively, if the City identifies classifications that have become hard to recruit and retain, pay grade reassignment should also be considered to ensure the City is competitive for both recruiting new talent and retaining existing employees.  Individual: To tie into the adjustment of the structure, Evergreen recommends the City adjust employee salaries annually for Cost-of-living adjustment (COLA). This adjustment would be done for all employees who receive a satisfactory performance evaluation, and the percentage adjustment would need to be 1.0-2.0 percent more than the movement of the compensation structure in any given years, to allow for employee progression into the range. Moreover, based on the feedback from employees and the City’s desire to recruit and retain a high-quality workforce, Evergreen recommends the City grant additional adjustment to employees who receive above average performance evaluations. The City should exercise a differentiated Chapter 4 - Recommendations Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 4-7 percentage for high performers that met the financial constraints of the budget while still providing a meaningful incentive for high performance. New Hires A new employee’s starting salary largely depends on the amount of education and experience the employee possesses beyond the minimum requirements for the job. Typically, an employee holding only the minimum education and experience requirements for a classification is hired at or near the classification’s pay grade minimum. An upper limit to the percentage above minimum that can be offered to a new employee with only the minimum requirements should be established, where approval is needed to offer a starting salary that is a higher percentage above minimum. Another threshold should be established as the maximum starting salary possible without approval for new employees with considerable experience and/or education above the requirements for the position. It is common for the midpoint to be used as the maximum starting salary for most classifications. Once the City has performed the initial implementation adjustment for current employee salaries, new employee starting salaries should take into consideration internal equity, meaning that new hires should be offered comparable salaries to existing employees in the classification with similar levels of education and experience. RECOMMENDATION 7: Evergreen recommends the City adopt a hiring grid that aligns with its selected implementation methodology. A hiring grid should be adopted that provides guidance where new employee salaries should be set. The adoption of a new hiring grid should be done after implementation to ensure alignment of salary placement between current employees and new hires, and to prevent new compression issues from arising both within classifications and departments, as well as throughout the City as a whole. A policy that determines the maximum hiring rate available to employees is important to ensure consistency and maintain internal equity. Evergreen has created three different approaches for crediting employees for any additional experience they have above and beyond the minimum requirements. This additional credit applied to employees would only apply to any experience above and beyond the minimum qualifications of the position into which an employee was being hired. For example, in the tables below an employee with five years of experience would be credited for two years of additional experience if the job he/she was applying for required three years of experience in the minimum qualifications. Chapter 4 - Recommendations Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 4-8 EXHIBIT 4-3 HIRING RATE ALTERNATIVE 1 EXHIBIT 4-4 HIRING RATE ALTERNATIVE 2 Additional Years of Experience Percentile Upper Boundary 1 3rd Percentile 2 6th Percentile 3 10th Percentile 4 13th Percentile 5 16th Percentile 6 20th Percentile 7 23th Percentile 8 26th Percentile 9 30th Percentile 10 33rd Percentile 11 36th Percentile 12 40th Percentile 13 43rd Percentile 14 46th Percentile 15 50th Percentile Additional Years of Experience Hiring Zone Zone Percentile 1‐3 1 1% ‐ 10% 3‐6 2 11% ‐ 20% 6‐9 3 21% ‐ 30% 9‐12 4 31% ‐ 40% 12‐15 5 41% ‐ 50% Chapter 4 - Recommendations Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 4-9 EXHIBIT 4-5 HIRING RATE ALTERNATIVE 3 The three different options presented give the City three different choices on how flexible or structured they would like the hiring process to be. The first option provides relatively narrow hiring bands for crediting previous experience – only five percent of flexibility is available per year of experience. The second option provides more flexibility by grouping experience together into zones. While an employee in option 1 with seven years of experience would be limited to a maximum salary of the 30th percentile of his/her grade, that would increase to the 40th percentile in option 2. Option 3 takes some of the aspects of both options and blends them together – hiring zones with minimum salaries like option 2, while having a different range of outcomes for each additional year of experience like option 1. The City’s Human Resources and City Management teams should decide which alternative they believe best meet the City’s needs going forward before selecting an alternative to implement. Once implemented, the approach should guide the City’s hiring process so that consistency can be maintained over time. Promotions/Demotions When an employee is promoted to a new classification, it is important to have guidelines for calculating the employee’s new salary that rewards the employee for his or her new responsibilities, moves the salary into the new pay grade, and ensures internal equity in the new classification. It is common for organizations to establish a minimum percentage salary increase that depends on the increase in pay grade because of the promotion. Regardless of Additional Years of Experience Hiring Percentile 10% ‐ 10% 20% ‐ 13% 30% ‐ 16% 40% ‐ 19% 50% ‐ 21% 64% ‐ 24% 77% ‐ 27% 8 10% ‐ 30% 9 13% ‐ 33% 10 16% ‐ 36% 11 19% ‐ 39% 12 21% ‐ 41% 13 24% ‐ 44% 14 27% ‐ 47% 15 30% ‐ 50% Chapter 4 - Recommendations Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page 4-10 the minimum percent increase, the employee’s new salary should be within the new pay grade’s range, and internal equity of salaries within the classification should be preserved. Transfers An employee transfer occurs when an employee is reassigned to a classification at the same pay grade as his or her current classification or when an employee’s classification stays the same, but his or her department changes. In either of these cases, it is likely that no adjustment is necessary to the employee’s salary. The only situation in which a salary adjustment would be needed for a transferred employee would be if his or her current salary is not aligned with the salaries of employees in the new classification or department. If that occurs, it may be necessary to adjust the salary of the employee or the incumbents of the classification to ensure salary equity within the new classification. RECOMMENDATION 8: Evergreen recommends the City update its policy regarding promotions/demotions and transfers to align with its new compensation structure. Evergreen recommends the City Implement a minimum increase of five percent per grade of base salary for employees receiving promotion. However, the employee’s salary should always be increased to at least the minimum of the new salary range. In the case of demotions, Evergreen recommends a minimum salary decrease of five percent per grade, except in cases where this percent decrease would reduce the employee’s salary below the new range minimum. If the employee’s salary exceeds the new range maximum after the pay decrease, the employee should be capped from receiving any salary adjustments until the pay moves upward to allow for increases. 4.3 SUMMARY The City should be commended for its desire and commitment to provide competitive and fair compensation for its employees. The recommendations in this report establish a new competitive pay plan, externally and internally equitable pay grade assignments, and system administration practices that will provide the City with a responsive compensation and classification system for years to come. While the upkeep of this recommended system will require concrete effort, the City will find that having a competitive compensation and classification system that encourages strong recruitment and employee retention is worth this commitment. APPENDIX POSITION GRADE ASSIGNMENTS Evergreen Solutions, LLC Page A-1 APPENDIX POSITION GRADE ASSIGNMENTS Classification Recommended Title Proposed Grade Proposed Minimum Proposed Midpoint Proposed Maximum Accountant Accountant 110 $48,401.44 $60,501.80 $72,602.16 Senior Accountant Accountant, Senior 112 $53,362.59 $66,703.23 $80,043.88 Sr. Accounting Tech Supv Accounting Tech Supv 110 $48,401.44 $60,501.80 $72,602.16 Senior Accounting Tech Accounting Tech, Senior 106 $39,819.98 $49,774.98 $59,729.98 Accounting Technician Accounting Technician 105 $37,923.80 $47,404.74 $56,885.69 Administrative Assistant Administrative Assistant 106 $39,819.98 $49,774.98 $59,729.98 Administrative Supvr Administrative Assistant, Senior 108 $43,901.53 $54,876.92 $65,852.30 Administrative Tech Administrative Tech 104 $36,117.90 $45,147.38 $54,176.85 Airport Manager Airport Manager 115 $64,715.48 $80,894.35 $97,073.22 Senior Airport Maint Wkr Airport Senior Maint Wkr 104 $36,117.90 $45,147.38 $54,176.85 Animal Control Manager Animal Control Manager 113 $56,030.72 $70,038.40 $84,046.08 Animal Control Officer Animal Control Officer 104 $36,117.90 $45,147.38 $54,176.85 Sr. Animal Control Offcr Animal Control Senior Offcr 106 $39,819.98 $49,774.98 $59,729.98 Assistant Fire Chief Assistant Fire Chief F6 $78,614.47 $98,268.08 $117,921.69 Assoc City Attorney Assoc City Attorney 115 $64,715.48 $80,894.35 $97,073.22 Asst Parking Supervisor Asst Parking Supervisor 106 $39,819.98 $49,774.98 $59,729.98 Building Inspector I Building Inspector I 109 $46,096.61 $57,620.76 $69,144.91 Building Inspector II Building Inspector II 111 $50,821.51 $63,526.89 $76,232.27 Building Official Mgr Building Official Mgr 115 $64,715.48 $80,894.35 $97,073.22 Building Service Worker Building Service Worker 101 $31,200.00 $39,000.00 $46,800.00 Bus Driver Bus Driver 104 $36,117.90 $45,147.38 $54,176.85 Bus Driver Comm Operator Bus Driver Comm Operator 105 $37,923.80 $47,404.74 $56,885.69 Bus Driver/Trainer Bus Driver/Trainer 104 $36,117.90 $45,147.38 $54,176.85 Central Garage Manager Central Garage Manager 113 $56,030.72 $70,038.40 $84,046.08 Chief Accountant Chief Accountant 115 $64,715.48 $80,894.35 $97,073.22 City Administrator City Administrator 122 $126,112.16 $157,640.20 $189,168.24 City Clerk City Clerk 112 $53,362.59 $66,703.23 $80,043.88 City Counselor City Counselor 119 $94,749.93 $118,437.42 $142,124.90 City Engineer City Engineer 117 $78,305.73 $97,882.16 $117,458.59 Civil Engineer I Civil Engineer I 113 $56,030.72 $70,038.40 $84,046.08 Civil Engineer II Civil Engineer II 115 $64,715.48 $80,894.35 $97,073.22 Collections System Manager Collections System Manager 115 $64,715.48 $80,894.35 $97,073.22 Communications Oper I Communications Oper I 106 $39,819.98 $49,774.98 $59,729.98 Communications Oper II Communications Oper II 107 $41,810.98 $52,263.73 $62,716.48 Communications Supv Communications Supv 112 $53,362.59 $66,703.23 $80,043.88 Construction Inspector Construction Inspector 110 $48,401.44 $60,501.80 $72,602.16 Controls/Instrument Tech Controls/Instrument Tech 109 $46,096.61 $57,620.76 $69,144.91 Cultural Arts Specialist Cultural Arts Specialist 106 $39,819.98 $49,774.98 $59,729.98 Customer Service Rep Customer Service Rep 103 $34,398.00 $42,997.50 $51,597.00 Deputy Court Clerk I Deputy Court Clerk 105 $37,923.80 $47,404.74 $56,885.69 ‐ Deputy Court Clerk, Senior 106 $39,819.98 $49,774.98 $59,729.98 Director of Finance & IT Director of Finance & IT 119 $94,749.93 $118,437.42 $142,124.90 Director of Human Res Director of Human Res 119 $94,749.93 $118,437.42 $142,124.90 Director of P&PS Director of P&PS 119 $94,749.93 $118,437.42 $142,124.90 Director of Parks & Rec Director of Parks & Rec 119 $94,749.93 $118,437.42 $142,124.90 Director of Public Works Director of Public Works 119 $94,749.93 $118,437.42 $142,124.90 Div Chief of Prevention Div Chief of Prevention F5 $64,970.64 $81,213.30 $97,455.96 Div Chief of Training Div Chief of Training F5 $64,970.64 $81,213.30 $97,455.96 Engineering Designer Engineering Designer 110 $48,401.44 $60,501.80 $72,602.16 Engineering Insp. Supv. Engineering Insp. Supv. 112 $53,362.59 $66,703.23 $80,043.88 Engineering Survey Tech Engineering Survey Tech 108 $43,901.53 $54,876.92 $65,852.30 Environ Health Svcs Mgr Environ Health Svcs Mgr 113 $56,030.72 $70,038.40 $84,046.08 Appendix: Position Grade Assignments Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page A-2 APPENDIX (CONTINUED) POSITION GRADE ASSIGNMENTS Classification Recommended Title Proposed Grade Proposed Minimum Proposed Midpoint Proposed Maximum ‐ Environmental Health Spe I 109 $46,096.61 $57,620.76 $69,144.91 Environmental Health Spe Environmental Health Spe II 111 $50,821.51 $63,526.89 $76,232.27 Equip Operator Spec I Equip Operator Spec I 106 $39,819.98 $49,774.98 $59,729.98 Equip Operator Spec II Equip Operator Spec II 107 $41,810.98 $52,263.73 $62,716.48 Evidence Technician Evidence Technician 107 $41,810.98 $52,263.73 $62,716.48 Fire Captain Fire Captain F4 $53,572.98 $66,966.23 $80,359.48 Fire Chief Fire Chief 119 $94,749.93 $118,437.42 $142,124.90 Fire Driver Engineer Fire Driver Engineer F3 $48,592.28 $60,740.34 $72,888.40 Fire Fighter Fire Fighter F2 $44,074.64 $55,093.29 $66,111.94 Firefighter Trainee Firefighter Trainee F1 $41,975.85 $52,469.80 $62,963.75 GIS Manager GIS Manager 115 $64,715.48 $80,894.35 $97,073.22 GIS Specialist GIS Specialist 112 $53,362.59 $66,703.23 $80,043.88 Golf Course Superintend Golf Course Superintend 110 $48,401.44 $60,501.80 $72,602.16 HR Specialist HR Specialist 110 $48,401.44 $60,501.80 $72,602.16 ‐ HR Specialist, Senior 112 $53,362.59 $66,703.23 $80,043.88 IT Support Specialist IT Support Specialist 110 $48,401.44 $60,501.80 $72,602.16 IT Support Tech I IT Support Tech 106 $39,819.98 $49,774.98 $59,729.98 IT Support Tech II IT Support Tech, Senior 108 $43,901.53 $54,876.92 $65,852.30 ITS Manager ITS Manager 115 $64,715.48 $80,894.35 $97,073.22 Lab Analyst Lab Analyst 109 $46,096.61 $57,620.76 $69,144.91 Lab Pretreatment Supv Lab Pretreatment Supv 111 $50,821.51 $63,526.89 $76,232.27 Management Analyst Management Analyst 109 $46,096.61 $57,620.76 $69,144.91 Sr. Management Analyst Management Analyst, Senior 110 $48,401.44 $60,501.80 $72,602.16 Mechanic Mechanic 110 $48,401.44 $60,501.80 $72,602.16 Mechanic Supervisor Mechanic Supervisor 111 $50,821.51 $63,526.89 $76,232.27 Municipal Court Admin Municipal Court Admin 111 $50,821.51 $63,526.89 $76,232.27 Neighborhood Serv Spec I Neighborhood Serv Spec 106 $39,819.98 $49,774.98 $59,729.98 Neighborhood Serv Spc II Neighborhood Serv Spec, Senior 108 $43,901.53 $54,876.92 $65,852.30 Neighborhood Serv Superv Neighborhood Serv Superv 112 $53,362.59 $66,703.23 $80,043.88 Network Administrator Network Administrator 112 $53,362.59 $66,703.23 $80,043.88 Operations Division Dir Operations Division Dir 117 $78,305.73 $97,882.16 $117,458.59 P&R Assistant Director P&R Assistant Director 115 $64,715.48 $80,894.35 $97,073.22 Paralegal Paralegal 108 $43,901.53 $54,876.92 $65,852.30 ‐ Paralegal, Senior 109 $46,096.61 $57,620.76 $69,144.91 Park Resources Supv Park Resources Supervisor 111 $50,821.51 $63,526.89 $76,232.27 Parking Division Supv Parking Division Supv 111 $50,821.51 $63,526.89 $76,232.27 Parking Enforcement Offc Parking Enforcement Officer 102 $32,760.00 $40,950.00 $49,140.00 Parking Maint Worker Parking Maint Worker 102 $32,760.00 $40,950.00 $49,140.00 Sr. Parking Enforce Ofcr Parking Senior Enforce Ofcr 103 $34,398.00 $42,997.50 $51,597.00 Sr. Parking Maint Worker Parking Senior Maint Worker 104 $36,117.90 $45,147.38 $54,176.85 Parks Maint Crew Leader Parks Maint Crew Leader 108 $43,901.53 $54,876.92 $65,852.30 Parks Maintenance Worker Parks Maintenance Worker 103 $34,398.00 $42,997.50 $51,597.00 Parks Manager Parks Manager 115 $64,715.48 $80,894.35 $97,073.22 Sr.Parks Maintenance Wkr Parks Senior Maint Worker 104 $36,117.90 $45,147.38 $54,176.85 Parts Technician Parts Technician 104 $36,117.90 $45,147.38 $54,176.85 Plan Reviewer Plan Reviewer 113 $56,030.72 $70,038.40 $84,046.08 Planner I Planner 111 $50,821.51 $63,526.89 $76,232.27 Planner II Planner, Senior 112 $53,362.59 $66,703.23 $80,043.88 Planner Manager Planner Manager 115 $64,715.48 $80,894.35 $97,073.22 Police Chief Police Chief 119 $94,749.93 $118,437.42 $142,124.90 Police Information Clerk Police Information Clerk 104 $36,117.90 $45,147.38 $54,176.85 ‐ Police Information Clerk, Senior 106 $39,819.98 $49,774.98 $59,729.98 Appendix: Position Grade Assignments Compensation Study for the City of Jefferson, MO Evergreen Solutions, LLC Page A-3 APPENDIX (CONTINUED) POSITION GRADE ASSIGNMENTS Classification Recommended Title Proposed Grade Proposed Minimum Proposed Midpoint Proposed Maximum Police Information Mgr Police Information Mgr 110 $48,401.44 $60,501.80 $72,602.16 Police Maintenance Wkr Police Maintenance Worker 103 $34,398.00 $42,997.50 $51,597.00 Community Relations Mgr Program Manager 110 $48,401.44 $60,501.80 $72,602.16 Program Manager Program Manager 110 $48,401.44 $60,501.80 $72,602.16 ‐ Program Manager, Senior 111 $50,821.51 $63,526.89 $76,232.27 Prop/Housing Inspector I Property & Housing Inspector I 109 $46,096.61 $57,620.76 $69,144.91 Prop & Housing Insp II Property & Housing Inspector II 111 $50,821.51 $63,526.89 $76,232.27 Property & Housing Supv Property & Housing Supv 112 $53,362.59 $66,703.23 $80,043.88 Pumping System Mechanic Pumping System Mechanic 110 $48,401.44 $60,501.80 $72,602.16 Purchasing Agent Purchasing Agent 113 $56,030.72 $70,038.40 $84,046.08 Purchasing Technician Purchasing Technician 105 $37,923.80 $47,404.74 $56,885.69 ‐ Purchasing Technician, Senior 106 $39,819.98 $49,774.98 $59,729.98 Rec Program Specialist Recreation Program Specialist 106 $39,819.98 $49,774.98 $59,729.98 Registered Land Surveyor Registered Land Surveyor 112 $53,362.59 $66,703.23 $80,043.88 Street Maint Crew Leader Street Maint Crew Leader 108 $43,901.53 $54,876.92 $65,852.30 Street Maint Wkr Trainee Street Maint Wkr Trainee 102 $32,760.00 $40,950.00 $49,140.00 Street Maint Worker Street Maintenance Worker 103 $34,398.00 $42,997.50 $51,597.00 Street Manager Street Manager 115 $64,715.48 $80,894.35 $97,073.22 Sr. Street Maint Worker Street Senior Maint Worker 104 $36,117.90 $45,147.38 $54,176.85 Street Supervisor Street Supervisor 112 $53,362.59 $66,703.23 $80,043.88 Systems Analyst Systems Analyst 112 $53,362.59 $66,703.23 $80,043.88 ‐ Traffic Signal Tech I 109 $46,096.61 $57,620.76 $69,144.91 Traffic Signal Tech II Traffic Signal Tech II 110 $48,401.44 $60,501.80 $72,602.16 Transit Division Manager Transit Division Manager 115 $64,715.48 $80,894.35 $97,073.22 Transit Operations Asst Transit Operations Asst 106 $39,819.98 $49,774.98 $59,729.98 Transit Operations Supvr Transit Operations Supvr 111 $50,821.51 $63,526.89 $76,232.27 Utilities Electrician Utilities Electrician 110 $48,401.44 $60,501.80 $72,602.16 Utility Crew Supervisor Utility Crew Supervisor 111 $50,821.51 $63,526.89 $76,232.27 Utility Maint Crew Ldr Utility Maint Crew Ldr 108 $43,901.53 $54,876.92 $65,852.30 Utility Maint Worker Utility Maint Worker 103 $34,398.00 $42,997.50 $51,597.00 Sr. Utility Maint Wkr Utility Senior Maint Worker 104 $36,117.90 $45,147.38 $54,176.85 Veterinarian Veterinarian 115 $64,715.48 $80,894.35 $97,073.22 Veterinarian Assistant Veterinarian Assistant 103 $34,398.00 $42,997.50 $51,597.00 Wastewater Division Dir Wastewater Division Dir 117 $78,305.73 $97,882.16 $117,458.59 Wastewater Supervisor Wastewater Supervisor 112 $53,362.59 $66,703.23 $80,043.88 WW Environmental Spec WW Environmental Spec 109 $46,096.61 $57,620.76 $69,144.91 WW Maint Supervisor WW Maint Supervisor 111 $50,821.51 $63,526.89 $76,232.27 WWTP Manager WWTP Manager 115 $64,715.48 $80,894.35 $97,073.22 WWTP Operator I WWTP Operator I 106 $39,819.98 $49,774.98 $59,729.98 WWTP Operator II WWTP Operator II 108 $43,901.53 $54,876.92 $65,852.30 Bill 2022-109 Exhibit B SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2022-2023 BUDGET Parks Fund: 21-210-495995 Transfer From (To) Surplus $14,694.89 21-210-501020 Salaries $14,694.89 Parking Fund: 62-100-495995 Transfer From (To) Surplus $4,562.44 62-620-501020 Salaries $4,562.44 Wastewater Fund: 64-100-495995 Transfer From (To) Surplus $38,473.73 64-650-501020 Salaries $38,473.73 Bill 2022-109 Exhibit C BUDGET ADJUSTMENTS FISCAL YEAR 2022-2023 BUDGET General Fund: • Reduce Transit Subsidy from General Fund to account for Transit fare increase: $30,000 • Reduce PPS-Code Enforcement budget to account for reduction in code enforcement activities on Buescher properties: $14,000 • Reduce PPS-Admin salaries to account for anticipated salary savings from new PPS Director salary: $5,000 • Reduce Mayor and Council budget to account for revised iPad policy: $2,000 • Reduce Non-Departmental Self Insurance Property and Casualty account: $25,000 • Reduce Non-Departmental Building and Grounds Maintenance: $25,000. • Reduce Finance tuition reimbursement to account for unused funds: $ 1,900 • Reduce funding in the Street Lights account: $21,038 BILL SUMMARY BILLNO: 2022-110 SPONSOR: Councilmember Hensley SUBJECT: ARPA Realignment DATE INTRODUCED: March 6, 2023 -'I" DEPARTMENT DIRECTOR(S): 0/Ld'u..__. R.c__~ CITY ADMINISTRATOR: ~ j o/ Staff Recommendation: Accep; Summary: This bill would authorize funds currently appropriated for salaries in the General Fund to be reallocated to various community project uses specified in Exhibit A (attached) and exchange the ARPA funds previously appropriated for said community project uses by City Council to be used for salary funding within the General Fund . Origin of Request: Finance Department Department Responsible: Finance Department PERSON RESPONSIBLE: SHIELA PEARRE , Director of Finance and ITS Background Information: The benefit of this action is that utilizing the ARPA funds in this way would result in the elimination of any spending deadlines previously associated with the ARPA community projects . Because of the diverse and varied projects that were selected to be funded with ARPA funds, staff is concerned that both the City and our community partners may have difficulty completing all the projects within the t imeframes that would otherwise be required under the ARPA regulations . The community projects previously approved would still be allocated in the same amounts and those funds could be reappropriated from year to year until the completion of the projects. This action does not result in any additional net dollars being spent on General Fund salaries than are currently budgeted . Fiscal Information: If approved, this bill would have no fiscal impact on net dollars . BILL NO. 2022-110 SPONSORED BY Councilmember Hensley ORDINANCE NO. _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2022- , 2023 BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY REALLOCATING FUNDS CURRENTLY APPROPRIATED FOR SALARIES IN THE GENERAL FUND TO VARIOUS PROJECTS AND BY MODIFYING PREVIOUSLY APPROPRIATED ARPA FUNDS TO REPLACE THE SALARY FUNDING WITHIN THE GENERAL FUND . BE IT ENACTED BY THE COUNC IL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The agreement shall be substantially the same in form and content as that agreement attached hereto as Exhibit A. Section ~· This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : ---------------------Approved : ______________ _ Presiding Officer ATTEST: City Clerk Mayor Carrie Tergin APPROVED AS TO FORM: CiZ)~(orney CERTIFICATION 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 meet the requirements of this bill . Mayor Carrie Tergin Bill 2022-110 Exhibit A BUDGET AMENDMENT FISCAL YEAR 2022-2023 BUDGET General Fund: 10-xxx-501020 General Fund Salaries ($5,981,982.05) 10-170-572020 Purchase of Equipment-HR Laptops $3,500 10-185-599501 JCCVB Lost Revenue $175,000 10-185-599502 Downtown Beautification-Match $150,000 10-185-599503 Organizational Review Study $150,000 10-400-572010 Purchase of Vehicles-Fire Vehicle $67,456 10-533-522022 Demolitions $180,000 10-542-572020 Purchase of Equipment-Street concrete core driller $4,000 10-542-572020 Purchase of Equipment-Preplacement street lights $12,000 10-990-540060 Cemetery Maintenance $30,000 10-990-575010 Police Renov & Upgrades-PD locker room $220,635 10-990-576007 Stormwater Improvements $540,917.60 10-990-578063 Contingency $94,136.26 10-990-599504 Lincoln-Hlth Science & Crisis $500,000 10-990-599505 PD Elevator Replacement $200,000 10-990-599506 MSP Redevelopment $1,000,000 10-990-599507 Hyde Park Burn Building $1,000,000 10-990-599508 High Street Viaduct $1,077,827.75 10-990-599509 Private Property Strmwtr Repair $200,000 10-990-599511 United Cap City Soccer Complex $100,000 10-990-599512 Street Resurfacing $276,509.44 *Any unspent related funds shall be reappropriated until all expenses for the project specified have been recognized. General Fund: 10-xxx-501020 General Fund Salaries $5,981,982.05 10-995-522022 Demos ($80,000) 10-995-540060 Cemetery Maintenance ($30,000) 10-995-572010 Purchase of Vehicles-Fire Vehicle ($67,456) 10-995-572020 Purchase of Equipment-HR Laptops ($3,500) 10-995-572020 Purchase of Equipment-Street concrete core driller ($4,000) 10-995-572020 Purchase of Equipment-Preplacement street lights ($12,000) 10-995-575010 Police Renov & Upgrades-PD locker room ($220,635) 10-995-576007 Stormwater Improvements ($540,917.60) 10-995-599501 JCCVB Lost Revenue ($175,000) 10-995-599502 Downtown Beautification-Match ($150,000) 10-995-599503 Organizational Review Study ($150,000) 10-995-599504 Lincoln-Hlth Science & Crisis ($500,000) 10-995-599505 PD Elevator Replacement ($200,000) 10-995-599506 MSP Redevelopment ($1,000,000) 10-995-599507 Hyde Park Burn Building ($1,000,000) 10-995-599508 High Street Viaduct ($1,077,827.75) 10-995-599509 Private Property Strmwtr Repair ($200,000) 10-995-599510 Demolitions ($100,000) 10-995-599511 United Cap City Soccer Complex ($100,000) 10-995-599512 Street Resurfacing ($276,509.44) 10-995-xxxxxx Contingency ($94,136.26) BILL SUMMARY BILL NO: 2022-111 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing Additions to City Code Chapter 31 -Stormwater/Fioodplain Management by Adding Section 31-280, Private Stormwater Conversion Program, and Modifications to Appendix Y to Include the Same DATE INTRODUCED: March 6, 2023 DEPARTMENT DIRECTOR(S): __ --fl-l!-#h4,Ll.Lll.~~...lLf.J_-+-~-==------ CITY ADMINISTRATOR:~:.:;;t--=------~t:....3-...-=---7f&--r---------- Staff Recommendation: Neutral. Summary: This bill will authorize the addition of what is being referred to as the Private Stormwater Conversion Program to Chapter 31 of the City Code and amends Appendix Y to set the cost of the program to the applicant. Origin of Request: Public Works and Planning Committee Department Responsible: Department of Public Works PERSON RESPONSIBLE: MATT MORASCH P.E./David Bange, P.E. Background Information: Citizens often appear before the Public Works and Planning Committee asking the City to repair/replace privately owned stormwater pipes and other stormwater infrastructure. These pipes and systems are private because they are located on private property and no easement exists which would give rights or obligations to the City. Often times these pipes and structures were installed by developers to enable the construction of a home or building on what had been a property encumbered by a drainage ditch or other water course . Often times these pipes connect directly to a City controlled system that is collecting water from or across a City Street. Private pipes have also been installed by individual property owners for the purpose of expanding parking or yard areas . Difficulties begin to arise as the years pass, the property changes owners, and the pipes begin to collapse . New owners are often unaware that the pipe running through their property is theirs to maintain , and often turn to the City to address the issues related to the failing pipes . The City Code change that is before you would provide a way for pipes such as these to come under the control of the City through the dedication of a stormwater easement, and creates a program by which the City would participate with the applicant in the cost of repairing/replacing the piping and other stormwater components. The end result would be that the City would own the pipe and other stormwater infrastructure and bear the responsibilities for future maintenance/replacement of that system. Fiscal Information: There are an unknown number of privately owned pipes wit hin the City, and privately owned pipes continue to be installed. For that reason, the ultimate cost of this program is not known. However, the proposed City Code language does not require the program to be funded but rather allows the City Council to designate funding for the program as they deem appropriate. Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-111 SPONSORED BY Councilmember Fitzwater ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, PERTAINING TO ADDITIONS TO CHAPTER 31 AND APPENDIX Y OF THE CITY CODE BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 31 – Stormwater and Floodplain Management, of the Code of the City of Jefferson, Missouri, is amended by the addition of the following: Sec 31-280. - PRIVATE STORMWATER CONVERSION PROGRAM The purpose of this article is to provide a means by which privately owned stormwater systems may be accepted for future maintenance by the City through the granting of easements, system reconstruction to City standards, and the participation in cost by private property owners. Sec 31-281. – Petition necessary. For each project which may be eligible for inclusion in the City’s Private Stormwater Conversion Program (PSCP), a petition shall be submitted by the owner or owners upon whose property the stormwater system exists. The petition shall be made on a form approved by the Director of Public Works and said form shall be submitted by March 1 of each year for consideration for the following year’s fiscal budget. Petitions shall be considered denied if not funded in the following year’s budget. Any denied petition shall not be carried over to the next budget year. Sec 31-282. – Participation requirement. Property owners may petition the City Council, on a form approved by the Director of Public Works, to reconstruct private stormwater systems along an existing stormwater system or a portion of that system that is agreed to in advance by the Director of Public Works. The petition shall be signed by all of the owners upon whose property the agreed upon drainage system resides. No person or property shall be eligible to participate in the PSCP which is in arrears or delinquent on any fee, charge, fine, tax, lien, or assessment due to the City. Sec 31-283. – Cost to applicant. A. The cost to each property owner for the installation of the stormwater system for an approved PSCP project shall be set by the City Administrator each year in appendix Y. If the stormwater system lies along a property line the owner on each side shall pay ½ of the cost outlined in schedule Y. Editor’s note: Deleted language shown thus. Added language shown thus. B. Owners are required to prepay the entire amount of their participating costs prior to the approval of the construction contract by the City Council or City Administrator. C. All costs associated with the restoration of the property shall be the responsibility of the petitioners in addition to the costs outlined in appendix Y. This shall include but is not limited to the restoration of pools, out buildings, driveways, sidewalks, retaining walls, fences, trees, landscaping, and grassed areas. D. The Council at its discretion may elect to lower the cost to the petitioner by reducing the costs outlined in appendix Y or by increasing the City’s participation in other aspects of the project. Sec 31-284. – Stormwater system design and granting of easement. A. The stormwater system will be designed by the City or by their consultants. The system will be designed to meet City of Jefferson standards and located so as to be efficient and easily maintained. B. The property owners upon whose property the stormwater system is placed shall grant to the City an easement for said stormwater system. The width of the easement shall be as prescribed by City Standards. C. The petitioners shall grant temporary construction easements as may be required for the installation of the stormwater system. Sec 31-285. – Funding, criteria for project selection. A. The availability of the PSCP shall be subject to appropriation of sufficient funds to undertake projects under the PSCP. The decision to appropriate funds for the PSCP shall be in the sole discretion of the City Council. If sufficient funds are not appropriated by the City Council, the Director of Public Work shall refuse petitions for the PSCP. B. In determining which if any projects shall be funded the following criteria will be considered: a. Funding available b. Number of properties affected c. Existing condition d. Effect on existing City infrastructure e. Overall effect on area C. City Council shall identify the projects that will be funded under the PSCP by ordinance. The City Council may impose additional conditions upon the funding of any project under the PSCP. Denials of applications to participate in the PSCP shall be final and non- appealable. Section 2. Appendix Y, of the Code of the City of Jefferson , Missouri , is amended by the addition of the following: · Sect ion Secti on Title 280 er linear foot 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 Editor's note : Deleted language shown tffils. Added language shown thus. BILL SUMMARY BILL NO: 2022-107 SPONSOR: Councilmember Schreiber SUBJECT: Authorizing $50,237.73 in Insurance Proceeds to be Utilized in Covering the Cost of Replacement and Purchase of Necessary Equipment to Outfit a New Police Vehicle DATE INTRODUCED: February 6, 2023 DEPARTMENT DIRECTOR(S)it-: --~~~=~.:....__ ________ _ CITY ADMINISTRATOR:--:x.'d--t...:::::::::::::::;:::,!!oo__-1---<~":::+~~~-------- Staff Recommendation: Approve . Summary: This bill would authorize a budget amendment within the general fund for the Jefferson City Police Department to utilize insurance proceeds from two prior Police vehicle losses to cover the cost of the replacement and purchase of necessary equipment to outfit the vehicles . Origin of Request: Police Department Department Responsible: Police Department PERSON RESPONSIBLE: CHIEF ERIC WILDE Background Information: The Jefferson City Police Department had two prior Police vehicle accidents that resulted in total losses. The first was a 2011 Chevrolet Tahoe training vehicle which is in the process of being replaced with an older vehicle from the fleet, but additional equipment will need to be purchased for it to be completed. The equipment needed includes interior lighting and a radio . The second vehicle that was a total loss was a 2021 Ford Police Uti lity car. The department is asking to purchase an additional vehicle to replace one of the lost vehicles. With the insurance proceeds , an additional vehicle could be purchased as well as the equipment needed to outfit the Police vehicles. Fiscal Information: Of the $50,237.73 in insurance claims, $41 ,556 would be placed into account 10-300-572010 Purchase of Vehicles and $8 ,681.73 into account 10-300-572020 Purchase of Equipment. BILL NO . 2022-107 SPONSORED BY Councilmember Schreiber ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , AMENDING THE 2022- 2023 ANNUAL BUDGET OF THE CITY OF JEFFERSON, MISSOURI BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE POLICE DEPARTMENT FUND . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1 . There is hereby granted a budget amendment within the General Fund for the Jefferson City Police Department in the amounts of $11 ,263.40 and $38 ,974 .33 as indicated in Ex hibit A, attached hereto , allowing the Jefferson City Police Department to utilize insurance proceeds from two prior Police vehicle total losses to cover the cost of the replacement and purchase of necessary equipment to outfit the vehicles. Section ~-This Ordinance shall be in full force and effect from and after the date of its passage and approval. Pa ss ed : -----------------------Approved : ________ _ Pres iding Officer Mayor Carri e Tergin ATTEST: APPROVED AS TO FORM : City Clerk City A'ttOlne y ./ Bill 2022-107 Exhibit A BUDGET AMENDMENT FISCAL YEAR 2022 – 2023 BUDGET General Fund: 10-100-481077 Insurance Claims $50,237.73 10-300-572010 Purchase of Vehicles $41,556.00 10-300-572020 Purchase of Equipment $8,681.73 ea1non , eterson& ella 6400 G len wood · Sui te 316, Overland Park· KS · 66202 Phone 913-362 -1 309 Insured : Claim No.: Date of Loss: LPB File No .: Vehicle Owner: Year: Make : Model : Mileage : TOTAL LOSS EVALUATION City of Jefferson City MPR220536 11/26/2022 L7A-2861-NS City of Jefferson City 2021 Ford Explorer Police Interceptor 13 ,816 BOOK VALUATION NADA MARKET SURVEY Autoboutique (904-677 -3333) Uftring Automall (309-323-8884) $40,575.00 $31,500 .00 $42,988 .00 ACTUAL CASH VALUE (ACV) $40 ,575 .00 + $31,500 .00 + $42,988.00 = $115,063.00 $115,063 .00 I 3 = $38,354.33 Insurance Claim Services Since 1956 Kansas & Missouri Auto • Property • Liability J.D. 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To learn more about the information we collect, how we use it and your choices. visit our ~Y~Y-· Accidents Number of Owners 0 1 Condition data as of 11115/2022 Popular Features Multi-Zone Climate Control Backup Camera Standard Features • All Wheel Drive • Tow Hitch • Power Steering • ABS • 4-Wheel Disc Brakes • Brake Assist • Conventional Spare Tire • Steel Wheels • Tires -Front All-Season • Tires-Front Performance • Tires-Rear All-Season • Tires-Rear Performance • Tow Hooks • Power Mirror(s) • Rear Defrost Confirm Availability Title CD Clean UseType G) Personal Use Adaptive Cruise Control Bluetooth X C Get Your TruePrice ) -------- 8arGurus' Buy Sell Finance Research 0. 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Recent Arrival !Call or stop in for your personal test drive today! Additional Information Order Code 500A,4 Speakers,AM/FM radio,Radio: AM/FM/MP3 Capable,Air Conditioning,Automatic Dealer reviews * * 13 reviews 2021 Ford Explo... 1 Mileage: 20,267 ·East Peoria,IL $42,988 0 FAIRDEAL $1,476 Above market Request information BILL SUMMARY BILL NO: 2022-106 SPONSOR: Councilmember Lester SUBJECT: Final Subdivision Plat of TC3C Subdivision (Planning & Zoning Commission Case No . P23004) DATE INTRODUCED: February 6 , 2023 DEPARTMENT DIRECTOR(S) :-:r----=..L;J:::~:::::::::..,~L..C:?.::::.=.~<::::::....._----- CITY ADMINISTRATOR:_...c=._ __ ___:_ __ ~..;z------------ Staff Recommendation: Approve. Summary: Standard ordinance approving and accepting a final subdivision plat. Origin of Request: Property Owner through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: SONNY SANDERS /Eric Barron Background Information: This bill would replat 6 existing vacant lots located along Marshall Street and Roland Street into 1 0 lots . The property is zoned RS -4 Single Family Residential. The purpose of the request is to pursue development of 10 single family residential houses . No new streets are proposed as a part of the Final Subdivision Plat and utilities exist in the vicinity. Please see attached Planning and Engineering Division staff reports for more information . Planning and Zoning Commission Review. The Planning and Zon ing Commission reviewed the Final Subdivision Plat at their meeting of January 12, 2023. The motion to recommend approval to the City Council PASSED on a vote of 7 in favor , 0 against. Public Comment Received . No public comment has been received to date . Fiscal Information: $400 .00 in application fees were received. Planning and Zoning Recommendation: Approve. BILL NO . 2022-106 SPONSORED BY Councilmember Lester ORDINANCE NO . _______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , ACCEPTING AND APPROVING THE FINAL SUBDIVISION PLAT OF TC3C SUBDIVISION , A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI. 'WHEREAS, Zeal Enterprise, LLC , owner of the real estate hereinafter described, having submitted to the City Council a plat of said real estate, being located in Jefferson City, Cole County , Missouri , and described as : All of Lots B, C , D, E , F, and G of REPLAT OF PART OF ROLAND L. WIGGINS SUBDIVISION , as per plat of record in Plat Book 12 , page 114, Cole County Recorder's Office . Containing in all 1.88 acres ; and WHEREAS, it appears that said plat has been fully and properly signed and accepted by the owner of said subdivision , known and referred to as TC3C Subdivision , that all taxes have been paid , that in all respects the requirements of Chapter 445, RSMo , entitled "Plats" have been fully complied with by the owner of said subdivision , and that in all respects the requirements of the Planning and Zoning Commission of the City of Jefferson, Missouri, relating to plats and subdivisions have been complied with . NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : Section 1 . That the Final Subdivision Plat of TC3C Subdivision, lying , being and situated within the corporate limits of the City of Jefferson , Missouri, as shown by the said plat attached hereto and made a part of this ordinance, is hereby approved and accepted by the City Council of the City of Jefferson , Missouri. Section ~-The Mayor and City Clerk are hereby authorized and directed to endorse acceptance of said plat hereon and to certify approval of said plat unde r the City of Jefferson seal. Se ction ~-This ordinance shall be in full force and effect from and after the date of its passag e and approval. Pa ssed : ---------- Presiding Officer ATTEST: City Clerk Approved : ______________ _ Mayor Carrie Tergin APPROVED AS TO FORM : City~ 1 Inch • 30 feet o IS 80 eo 1 Onpblo Soolo -root > Z. FtDOOHNNIHFCIIIU&ATIOtt:TNI,..I'fyillaull.dlnZ....ex-(~n~~OIIItlw. dwO~d'lllataod,..,_,e,,....FIII:IM~-.-.eoa.Cowtot.MO. map........snossanJJldlttd~Z.rou. S. s.IS/r.,.'lllll:hQP~ICIIIUbcNIIclnCORWI.Mifl/rll.-.«hCIIPIC .. WMnotklt;WI'I'IWt. ...... OitletwtMch&Nm. 4. 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WIGGINS SUBDIVISION AS PER PLAT OF RECORD IN PLAT BOOK 12, PAGE 114 BEIN~ A PART OF THE NORTHEAST QUARTER SECTION 18, TOWNSHIP 44 NORTH, RANGE 11 WEST JEFFERSON CllY, COLE COUNlY, MISSOURI ZONED: RS-4 AREA: 1.88 ACRES PROPiRTY BOUNDA!n' 06CRIP110N Ailiiii'LotJ,1,.'1..0:(f.iftdG;;tllPLAfCii'MtOflllO&AHDLWJGGtH$$UICIVZSION..UP"' .. ol rtevrd .. ,... ... z,.,.ll4.C:O..~._.....OIIIul. COf'I'**'III' .. UI..u. lnflrC&ati Rtru..T 01 'AA10JftOI.AHO L MGGaHSSUIDMSION. as PI",._. oArwwd il'lf'l.n loGitU.~Nfttle,c.eot.nr~oMt.. OWHER'S 'lRTIFICATE CftOW .. rNf' .... theMIQMftU.thMtht~.Mtnc ..... IMI'ItQofdloeiGUofllftcl~ mtt.,.,._eao*"C~~ ..... car:aed .... ICICJtoM"'"""'"• .... ~..U lcU ... Ofl~ .. tttw.unbwsd'tNIOtJtft41U..'*'"Ihtreof.,.fullrrr....ciiVIIifyM1forU\wNch ...... .,..,...41:1-rc:K~- O..ltlil~-ol ) ......... "' z ... , ....__~.,~ ,.....,Mfltf ...... 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VN' ... _,..,.,..__ U,CDI'Nfliulfl'l~~ ~fi' rl't' r!?v=--- K-ILII!Id<oy liD PLS 12578 Conlrolll-:~~~:~~~u~~=--+~~~-r=~~-+D~R~9=7~-1=33~~ Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Gregory Butler Emily Fretwell Hank Vogt Treaka Young Jacob Robinett Sara Michael, Alternate COMMISSION MEMBERS ABSENT Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. Sonny Sanders, Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Jason Turner, Division Chief JCFD ATTENDANCE RECORD 7 of7 7 of7 4 of7 6 of7 7 of7 6 of7 5 of7 1 of 1 6 of7 6 of7 0 of2 1 of 2 Guests: Paul Samson with Central Missouri Professional Services, Council Members Laura Ward and Scott Spencer, Timothy A Joseph, Jeff and Jane Schaeperkoetter, Jacob Brooke, Lois Hogan, Teresa Tolksdorf, Joe Scheppers, Jay and Kim Fischer, and Carolyn McDowell. Case No. P23004 -1000 Block of Marshall St., Final Subdivision Plat of TC3C Subdivision. Request filed by Zeal Enterprise, LLC, property owner, for a Final Subdivision Plat for 1.88 acres proposing creation of 10 lots. The property is zoned RS-4 Medium Density Residential and is located on the Marshall Street cul-de-sac 250 feet north of East Franklin Street and with frontage also on Roland Street and is described as Part of the Northeast Quarter Section 18, Township 45 North, Range 11 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the applicants are requesting a final subdivision plat that would replat 1.88 acres from six existing lots into 1 0 new lots to be used for single family residential uses. Paul Samson with Central Missouri Professional Services (CMPS), representing property owner Zeal Enterprises, LLC, presented the case. The purpose of the replat of the subdivision is to create ten single family residential lots out of the existing six lots. The property is zoned RS-4 which has a minimum lot frontage of 60 feet. The proposal is to take the existing two lots on Roland Street and divide into three lots and divide the four lots on Marshall Street into seven lots. The intent is to build smaller homes with single family garages. All of the existing infrastructure is in place, no new streets are proposed. Utilities are on site including stormwater, sanitary sewer, water and electric. Ms. Bliss stated lot size dimensions were looked at, for the RS-4 district the minimum lot size acreage is 6,000 square feet and the lot width is a minimum of 50 feet, these lots are in compliance with the zoning code requirements. A fire hydrant exists along Roland Street, but the applicant will need to comply with the requirement of the fire code for fire hydrant placement on Marshall Street. Staff recommends approval of the final plat with the conditions that technical comments by city staff be addressed and a finalized plat be submitted prior to City Council. Mr. Wade advised infrastructure does exist in the vicinity, utilities appear to be in order other than the fire hydrant on Marshall Street. Minor comments have been sent back to the consultant for the final resubmittal. The plat, as presented, is in good order and the engineering division recommends approval. Ms. Quigg moved and Mr. Robinett seconded a motion to recommend approval to the City Council of the requested final subdivision plat of TC3C Subdivision with the following conditions: a. Address technical comments from city staff. b. Submittal of finalized and signed plat prior to introduction to City Council. The motion passed 7-0 with the following votes: Aye: Butler, Fretwell, Michael, Quigg, Robinett, and Vogt, and Young. Nay: None Jefferson City Planning & Zoning Commission January 12, 2023 Case No. P23004 1 000 Block of Marshall Street Zeal Enterprise, LLC Final Subdivision Plat City of Jefferson Planning & Zoning Commission LOCATION MAP .· RS-2 .... ~ flo. P23004 10€10 Bf<)cic of Marshall Street FmaJ Subdivision Plat City of Jefferson Ptanning and Zoning Commmssion VICRNITY Case NG. PZ3 004 'fio,oo Bbck of Marshall Street f i llllaE Subdtv fs:ton Pfat 0 8l5 170 l 40.Feef -·•· . PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION January 12,2023 Case No. P23004 -1000 Block of Marshall St., Final Subdivision Plat of TC3C Subdivision. Request filed by Zeal Enterprise, LLC, property owner, for a Final Subdivision Plat for 1.88 acres proposing creation of 10 lots. The property is zoned RS-4 Medium Density Residential and is located on the Marshall Street cul-de-sac 250 feet north of East Franklin Street and with frontage also on Roland Street and is described as Part of the Northeast Quarter Section 18, Township 45 North, Range 11 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Description of Proposal A request was filed for a final subdivision plat. Given the name TC3C Subdivision, this fmal subdivision plat would consist of 1.88 acres currently zoned RS-4 Medium Density Residential. The final subdivision plat would replat 6 existing lots into 1 0 new lots to be used for single family residential units. Revielv and Approval Process Final subdivision plats are reviewed in accordance with Chapter 33 The Subdivision Code and Chapter 35 Zoning Code with recommendation from the Planning and Zoning Commission and final decision by the City Council. Staff Analysis Current zoning designation of RS-4 requires the subdivision to comply with density and dimensional standards of that particular.district. This includes lot size and width specifications. The RS-4 district requires a minimum net lot area 6,000 square feet and minimum lot width of 50 feet. Final Subdivision Plat request -information for consideration: Proposed Subdivision Name: TC3C Subdivision Total Acreage: 1.88 acres. Number of Lots: 10 proposed lots Lot Sizes: Lot 7 is proposed to be the largest at approximately 11 ,571 square feet and Lot 1 0 is proposed to be the smallest at approximately 6,458 square feet. Sidelvalks: Existing sidewalk is located along Roland Street and the northern side of Marshall Street, ending at the cul-de-sac. Streets: No new streets are proposed. Utilities: Utilities exist in the vicinity. Fire Hydrant: Fire hydrants exist on Roland Street with proper spacing. A fire hydrant will likely need to be installed on Marshall Street to serve the proposed lots. Staff Recommendation The proposed fmal subdivision plat has been reviewed with respect to applicable City Code requirements such as those laid out in Chapter 33 The Subdivision Code and Chapter 35 Zoning Code. Technical comments from staff will need to be addressed. Staff recommended approval of the final plat of TC3C Subdivision with the condition that technical comments by city staff be resolved. Form of Motion I. Motion to recommend approval to the City Council of the requested final Subdivision plat of TC3C Subdivision with the following conditions: a. Address technical comments from city staff. b. Submittal of finalized and signed plat prior to introduction to City Council. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, January 12,2023, 5:15pm Item 6. -New Business/ Public Hearings Case No. P23004-Re-Piat/ Final Plat ofTC3C Subdivision, 1000 block of Marshall Street (RS-4) ENGINEERING STAFF RECOMMENDATION- Recommend approval. Existing Infrastructure Summary • Public infrastructure exists in the vicinity. • Stonn water facilities exist in the vicinity. • Sanitary sewer facilities exist in the vicinity. • Streets are existing in the vicinity. • Sidewalk exists for this subdivision. • A street light exists for this subdivision. • Utilities will need to be checked, to see if adequate facilities are in place to serve these proposed lots. It does not appear that any fire hydrants are present in the vicinity of the cul-de-sac. Technical Review of the Plat • A few very minor technical review comments for the plat have been sent back to the consultant for consideration. These comments will need to be addressed prior to consideration of the plat by the City Council. The plat as presented is in good order. cnv of Jetht!50n Dapovfmant of· Planning & Prot~tclirt«< SeNiC«S. 32"0 E. WlcCiJrly Str4!e t Jelfttrsol'l City.111f) 6$'/01 l?liana: 513~34-6.410 ii;:,?'(~~BWlfc#ymo.wq flf!WW;jeffii!rsoncffymo.gov APPLICATION FOR. SUiBID.MSROIM PlAT Ttire ood'ersig,rrred! bereby petitions the. Planning and Zcmfillg Comi'Flissilm and cn:soC'ounci£ of ihe Cify of Jefferson, Missouri for trw faHowfng type of subdlvisron: PteliJ:Jimary, Pfa X' Final Plat 1. Name ofSutbdivision: TC3C SUBm\trSION '2'_ Gemi!af location: 'WOO BlOCK 0~ M:ARSHAU 3 . ExistinglProposed ;mnlng: RS-4 4. ExistingiPrroposed use o ·f the pruperty; S ingfe: Famiilj' Residential ~----~~------------------------- 5. Size of ~tl$> proper~y fn ilcr~s: 1.88 N...res 6. iota~ numoo1' of las pvoposed: _·,_o ____ _ 7. Desai'pUon o$ any <tariances to the Subdi'llisian R'e~ioJOs tbeing req!i.llesred ~please n.ote section numbeG of thel rteg ulatiofl below and attacfil a letter stafi!J\9 iiu·s.tifii1A't!i>n for title va:ziance(s ): None Paul SamsC!>r;l, PE Erlgj'rteerr Name {f¥pe OJi priLlt·) Data J. Briara R0cl<w.eli StJNey:or N:amn.e (tytP.e or prin~) Contact p.e~ f~r flttis· apptiea,mn: NaliTle:. PatJII SarnS£lm -CMPS Mfliess~ 2'5@0 E. McCarty St. Jefferson City, MO 651'01 Ph0me' n..humber: 5i7.3-6:34-3456 £nmeilt psamson@cmps-inc.esm. ~~~~~~----------------- for Staft Us:e• OPity. Attacllrrrel'lts;;: _ Var.fence reqtreS't leC1e.c- N~tes: ----------------------------------------------------------------------------- fndfvkftJSkJ' sfloEJfrfcanf<Ict.th·e ADA Coordinator af. {5-13g; 6Ut570br~$t~f/14Jda1fons or a1fema/fvs formats as r(U!afred un<fer lhe·A~aM wtfh Olsabi((ltes . Act. Pleas ~ affow fflree buslr1ess days. fl!>l p10te1!.'$: til~ teq.~. RESOLUTION SUMMARY RESOLUTION NO: RS2022-44 SPONSOR: Councilmember Spencer on Behalf of Organizational and Staff Optimization Review Citizen 's Committee , SUBJECT: Organizational and Staff Optimization Review: Request For Proposals DATE INTRODUCED: March 6 , 2023 CITY ADMINISTRATOR: ~A~~"'----=--_....:_/?_U_...;~(ffY"'------------7 Staff Recommendation: Approve Summary: If approved by the City Council , this resolution would provide the City Council 's concurrence with the scope of services specified in the attached Request For Proposals (RFP) for an Organizational and Staff Optimization Review ("the Review") of the City of Jefferson. Background information: The City Council previously approved the appropriation of up to $150 ,000 in American Rescue Plan Act (ARPA) funds to engage a consultant(s) to review the City organization and to provide recommendations and costs for operational efficiency and staff optimization improvements. The formation of a committee of citizens (the Committee) was authorized by the City Council to work with staff on developing an RFP (proposed draft attached) to accomplish the above referenced goal. The Committee is seeking the approval of the City Council to proceed with the RFP as attached. The Committee will review the proposals once received and will make a recommendation to the City Council for final approval. Fiscal information: The City Council previously approved the appropriation of up to $150,000 in American Rescue Plan Act (ARPA) funds. RESOLUTION RS2022-44 Sponsor: Councilmember Spencer A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO ISSUE A REQUEST FOR PROPOSALS FOR AN ORGANIZATIONAL AND STAFF OPTIMIZATION REVIEW WHEREAS , the City of Jefferson Mayor and City Council are interested in rev iewing the City of Jefferson organization operating and staffing procedures and practices in an effort to identify operational and staffing efficiencies and identify policies, procedures, and practices to improve organizational effectiveness ; and WHEREAS, the City of Jefferson Mayor and City Council authorized an amount of up to $150 ,000 in American Recuse Plan Act (ARPA) funding for an Organizational and Staff Optimization Review of the City ; and WHEREAS, the City of Jefferson wants to solicit proposals from qualified individuals or businesses to conduct the referenced Organizational and Staff Optimization Review. NOW, THEREFORE, BE IT RESOLVED the City of Jefferson staff is authorized to solicit proposals for an Organizational and Staff Optimization Review and to work with the Citizens Organizational and Staff Optimization Review Committee to evaluate proposals and make a recommendation to the City of Jefferson Mayor and City Council for the selection of a consultant. Adopted this 6th day of March , 2023 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City~ -r~ 1 CITY OF JEFFERSON JEFFERSON CITY, MISSOURI REQUEST FOR PROPOSAL NOTE: Yellow highlighted sections will be updated prior to issuance of the RFP. Current dates are subject to change. Proposal No.: RFP4117 Subject: Organizational Review and Staffing Optimization Review Closing Date: Proposals must be received no later than 1:30 p.m. on April 25, 2023. Proposals should be submitted electronically through Bonfire. Proposals will also be accepted at the following address with the bid number and subject indicated on the envelope: Office of the Purchasing Agent City of Jefferson 320 E McCarty St Jefferson City, MO 65101 Pre-Proposal Conference: Pre-proposal conference will be held on March XX, 2023 at time. Proposers may join in-person or via WebEx. Purchasing Agent: Leigh Ann Corrigan LCorrigan@jeffersoncitymo.gov 573-634-6325 2 REQUEST FOR PROPOSALS ORGANIZATIONAL REVIEW AND STAFFING OPTIMIZATION REVIEW 1. GENERAL INFORMATION A. Introduction The City of Jefferson, herein referred to as City, invites interested, qualified vendors, hereinafter referred to as Contractor, Proposer, or Bidder, capable of providing an in-depth study of the City’s staffing, organization, and operations to develop an organizational review and staffing optimization review for the City, as described in this document, to submit proposals. The purpose of this study is to determine how well resources are being used (efficiency); how well a process produces the desired outcome to meet the needs and expectations of the (effectiveness); and how much could be done in comparison to what is being done (productivity). The study should be a review of the City’s current organizational structure and workforce composition, determine optimal staffing levels, determine what efficiencies are present and where opportunities exist, assess the risk of current practices and staffing levels, and make recommendations needed to support the priority, projects, and workload of the City that will enhance the organizations operations for current and future needs, based off best practices. Overall, the results and recommendations should be designed to ensure the City has appropriate structure and staffing in place to be effective in accomplishing the City’s priorities and services, to attract, support, and retain a highly-qualified workforce, and control personal services cost. B. Notice to Proposers Before submitting the response, each Proposer shall become fully informed as to the extent and character of the work required. No consideration will be granted for any alleged misunderstanding of the equipment to be used or services to be required, it being understood that the submission of a proposal is an agreement to all items and conditions referred to herein. C. Proposal Process and Other Related Dates (Dates are subject to change) • RFP will be released on March 12, 2023. • Pre-proposal conference will be held at time on March XX, 2023. • Proposals will be accepted until 1:30 p.m. on April 25, 2023. • Proposals will be evaluated and interviews may be held. • A contract will be prepared by the City and signed by the awarded Proposer. • The award and contract will go before the City Council for approval and signature of the Mayor at meetings held in May and/or June. • Work is expected to begin July 1, 2023. 3 D. Pre-Proposal Conference A non-mandatory pre-proposal conference will be held on March XX, 2023 at time. Central time via WebEx. It is desired that questions be submitted in advance to Leigh Ann Corrigan (lcorrigan@jeffersoncitymo.gov) to allow us to have detailed answers. To join the WebEx, follow these instructions: • To join by computer: Copy/Paste this link into your browser: https://jeffersoncity.webex.com/jeffersoncity/j.php?MTID=mb9cd2c98fe514663e2a1725 3f83d21db • To join by phone, dial +14043971516 • The meeting number (access code) is 2487 510 2046 • The meeting password is 1234 If a Proposer would like to have a meeting invitation sent to them with this information included, contact Leigh Ann Corrigan. If a Proposer would like to attend in person, they may attend at City Hall, Boone/Bancroft Conference Room, 320 E McCarty Street, Jefferson City, MO. Questions regarding the pre-proposal conference or RFP specifications must be directed to Leigh Ann Corrigan, lcorrigan@jeffersoncitymo.gov, 573-634-6325. E. Bid Submittal Proposals should not exceed 50 pages and must include the following: • Letter of interest; • Executive Summary – A brief narrative highlighting the proposal in non-technical jargon and may include any benefits your firm has over a competitor’s firm; • Description of the qualifications and experience of the firm and key personnel to be assigned to this project to include experience in providing comparable services to other municipalities or organizations; • Demonstration of understanding the scope of this project; • Method of Performance – Description of how the project will be completed, what will the focus areas be, what expected outcomes should the City expect to receive along with a timeline showing milestones; • References – Include up to three references from similar projects within the last three years. Include: contact name; contact title; address; phone number; email address; and project name, description, and dates (Attachment A); • Additional Information (Optional) – Communication materials, brochures, websites, etc.; • Cost Proposal; 4 • Attachment B – Affidavit of Compliance with E-Verify along with a copy of the signed MOU page (sample is included); • Attachment C – Authority to Execute Certification; • Attachment D – Anti-Collusion Affidavit; and • Attachment E – Certification Regarding Lobbying. Proposals should be submitted electronically through Bonfire (https://jeffersoncitymo.bonfirehub.com). Proposals may also be submitted via hard-copy to the following address. Hard-copy proposals should have the proposal number (RFP4117) indicated on the outside of the envelope. City of Jefferson Purchasing Agent 320 E. McCarty Street Jefferson City, MO 65101 Regardless of submittal method, proposals must be received no later than 1:30 p.m. on April 25, 2023. Proposals received after this date and time will not be considered. Proposals will not be publicly opened. Proposals will become public records at the time of contract execution or when all proposals have been rejected. Do not mark “confidential” in your RFP response, or include any proprietary information with your proposal response. F. Evaluation and Award Award will be made to the lowest and best responsible offeror whose proposal conforms to the solicitation that will be most advantageous to the City. In determining lowest and best, the following criteria will be considered. ITEM POINTS Cost 30 Experience and qualifications of firm, staff to be assigned to project, firm’s capabilities, and experience with similar projects 30 Method of performance, timeliness to start and complete project, demonstration of understanding of the scope of work 30 References 10 Total 100 Under the provisions of City Code, Section 26A-40, the City reserves the right to conduct negotiations of the proposals received or may award a contract without negotiations. 5 The City may conduct interviews with Proposers as deemed necessary by the City. The City will provide ample time for scheduling of the interviews. Interviews may be held in-person or via video conference. Upon selection of awardee, the City will issue a formal contract with the selected vendor. A sample contract can be found in Exhibit 2 – Sample Contract. G. Contract Period The contract period will be from the date of award through the time period indicated in the response of the awarded proposal. H. Liquidated Damages The City may deduct One Hundred Dollars ($100.00) from any amount otherwise due under this contract for every week contractor fails or refuses to prosecute the work, or any separable part thereof, with such diligence as will ensure the completion by the time specified, or any extension thereof, or fails to complete the work by such time, as long as the City does not terminate the right of contractor to proceed. It is further provided that contractor shall not be charged with liquidated damages because of delays in the completion of the work due to unforeseeable causes beyond contractor's control and without fault or negligence on contractor's part or the part of its agents. I. Confidentiality In the process of performing the requirements of the contract, the contractor and/or the contractor’s personnel may become aware of information required by law to be kept confidential. Therefore, the contractor and/or the contractor’s personnel must not at any time disclose, directly or indirectly, any information gained during the performance of the contract. The contractor shall agree and understand that all discussions with the contractor and all information gained by the contractor as a result of the contractor’s performance under the contract shall be confidential and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the City. If required by the City, the contractor and any required contractor personnel must sign specific documents regarding confidentiality, security, or other similar documents upon request. Failure of the contractor and any required personnel to sign such documents shall be considered a breach of contract and subject to the cancellation provisions of this document. J. Withdrawal of Bids Proposers may withdraw their bid after depositing with the Purchasing Agent at any time prior to the stipulated time for opening of such bids. Proposals submitted after the opening date may only be withdrawn through submission of a written request due to a significant error(s) or if exposure of proposal information may cause irreparable harm to the proposer. 6 K. Right to Accept or Reject Bids The right is hereby reserved to accept or reject all or part of any bid, to waive informalities and to request new bids as the interest of the City may require. L. Tax Exempt Status The City of Jefferson is tax-exempt by law. Do not include tax in bidding. A federal tax-exempt certificate will be furnished when requested. M. Invoicing and Payment The Contractor shall submit invoices for services to the City of Jefferson, Human Resources Department, 320 East McCarty Street, Jefferson City, Missouri 65101. The City shall only be liable for charges as indicated in the final contract. The Contractor may determine the frequency of the billing but shall not be paid more than as indicated in the contract. N. Restrictive Clause Proposers must contact the Office of the Purchasing Agent at least five (5) days prior to the bid opening if any of the specification contains restrictive language or requirements that render him unable to bid. O. Proprietary Products Any piece of equipment described herein that is a proprietary product, or the use of a manufacturer’s or vendor’s brand name, is referenced with the intent to indicate a standard of design desired by the buyer and shall not be construed to exclude other manufacturer’s products of comparable quality. The buyer reserves the right to determine the quality of the equipment offered. P. American’s with Disabilities Act 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. Q. Federal Work Authorization Program Proposers that meet the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, providing services exceeding $5,000, shall maintain enrollment and participation in a federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the contracted services included herein. If the Proposer’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, 7 RSMo, then the Proposer shall, prior to the performance of any services as a business entity under the contract enroll and participate in a federal work authorization program such as E-Verify. Proposers must, by sworn affidavit and provision of documentation (copy of the E-Verify Memo of Understanding Electronic Signature Page), affirm their enrollment and participation in a federal work authorization program. Proposers shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. See Attachment B – Affidavit of Compliance with E-Verify document. For vendors that are not already enrolled and participating in a federal work authorization program, E-Verify is an example of this type of program. Information regarding E-Verify is available at https://www.e-verify.gov/. R. Federal Clauses The City is a recipient of federal grant funds through the American Rescue Plan Act of 2021. Therefore, the grant requirements in Exhibit 4 – Federal Clauses, shall be fully considered in preparing responses and preforming work under any resulting award. S. Changes to Bid Documents Changes to contract documents prior to bidding will be by addendum issued by the city. Prospective Proposers shall acknowledge receipt of all addenda on bid forms. T. Termination The City reserves the right to terminate the contract at any time, for the convenience of the City, without penalty or recourse, by giving written notice to the Contractor at least thirty (30) calendar days prior to the effective date of such termination. The Contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the City pursuant to the contract prior to the effective date of termination. U. Laws and Regulations The Contractor shall perform services in accordance with all applicable state, local and federal statutes and legal requirements in his performance of this contract. In addition, the Proposer’s attention is directed to City Code, Chapter 17 – Licenses, Taxation and Miscellaneous Business Regulation. 2. BACKGROUND A. The City of Jefferson has a population of approximately 43,143. B. The City of Jefferson employs approximately 430 full-time employees and 275 – 325 part-time employees. 8 C. The City of Jefferson has an adopted operating budget for FY23 of approximately $78.8 million. The City’s fiscal year runs November 1 through October 31. The budget book may be found at the following website: https://portal.laserfiche.com/Portal/DocView.aspx?id=625055&repo=r- 49e9e584. D. A job classification and pay plan study was conducted by The Austin Peters Group and finalized November 16, 2016. This report is available at the following website address: https://portal.laserfiche.com/Portal/DocView.aspx?id=602060&repo=r-49e9e584. Evergreen reviewed and updated the salary portion of this report. They also reviewed to determine if compression is a problem and provided recommendations to solve the problem. This report is included in Exhibit 5. E. Information on employee benefits, salary grades and position descriptions and other Human Resources can be found at the following website: https://www.jeffersoncitymo.gov/government/human_resources.php. Salary increases are determined each year during the budget process. Typically, this is an across- the-board increase for all employees. The City does not provide for performance-based salary increases at this time due to budget constraints. F. When new employees begin employment, new employee orientation takes place to introduce the employee to the City, review benefits, go over leave, and other HR related topics. Supervisors establish goals and expectations with new employees and each department may have their own on-boarding processes. G. Training for all staff, to include management, is at the discretion, need, and desire of each department. The City has purchased an e-learning software solution which will be available for all employees as training programs are developed. H. Turnover rate for the City is has ranged from 7% to 9.6% over the past four years. Positions are advertised upon request of the department, typically on the day of request and are included on the City’s website. Additional advertising varies from position to position but can be extensive. I. Most recent Personnel Manual, Table of Contents is included in Exhibit 3. The full manual will be provided to the awarded contractor. J. The City has not recently conducted any form of engagement survey and currently there are no plans to conduct such a survey. K. Employee benefits - The City utilizes a broker to purchase and manage our self-insured health insurance for City employees which includes pharmacy plans. They are responsible for reviewing health trends, costs and look to provide the best health insurance at the lowest cost for City employees. The City also utilizes an outside firm to manage our Wellness Program. All employees are eligible for the same benefits with the exception of Fire Department and Police Department employees who receive paid leave slightly different than other staff due to their work schedules. 9 L. Other background information about the City of Jefferson may be obtained from our website: https://www.jeffersoncitymo.gov/. M. Performance evaluations are conducted at the conclusion of the introductory period and annually thereafter on the employee’s employment anniversary. 3. SCOPE OF WORK The City is contracting for a firm to conduct an in-depth study of the City’s staffing, organization, and operations to develop an organizational review and staffing optimization review for the City which will show how efficient, effective, and productive the City’s current performance is and how to improve. The study should be a review of the City’s current organizational structure and workforce composition, determine optimal staffing levels, determine what efficiencies are present and where opportunities exist, assess the risk of current practices and staffing levels, and make recommendations needed to support the priority, projects, and workload of the City for current and future needs, based off best practices. The results and recommendations should be designed to ensure the City has appropriate structure and staffing in place to be effective in accomplishing the City’s priorities and services, and to attract, support, and retain a highly-qualified workforce. A. Minimum Contractor Qualifications 1. Firms must have provided similar services as those sought herein for a minimum of five (5) years within the United States. 2. Key personnel must have a minimum of three (3) years of experience providing similar services, preferably with municipalities. B. The Contractor will: 1. Provide all equipment, material, and staff to complete the project. 2. Provide services consisting of, but not limited to, the organizational and operational components listed below. Proposers should identify any other tasks that may be necessary to complete the scope of work. a. Attend a kick-off meeting with various City staff and representatives to discuss the required steps and process, and to introduce key personnel dedicated to the project. b. Conduct meetings with each department to gather data and review information; c. Conduct a meeting(s) with City Council allowing for public input. 10 d. Submit regular progress reports to include a summary of data collected; e. Compare data, processes, organization, etc., with other municipalities of similar type and size, preferably located in the Midwest region. Comparisons with municipalities that are not similar in size may also allowed if applicable to demonstrate efficiencies that could be applied to the City of Jefferson. Municipalities to be used for comparison purposes should be vetted by the City to ensure the levels of similarity. f. Conduct research regarding staffing levels and processes and compare to other municipalities of similar type and size noting comparable metrics to determine optimal staffing levels and best practices. This may include but not be limited to the following areas as well as the more detailed listing in Exhibit 1: i. Review and assessment of past, current and projected staffing levels based on current job operations ii Succession planning iii. Identification of redundancies or barriers for efficiencies in work flows iv. Staffing levels compared to citizens served v. Staffing levels compared to other similar municipalities vi. Internal and external factors that impact the City’s commitment to providing efficient and effective service vii. Authorities and policies within each department – are they different in each department, how do they affect staffing decisions, are compensation practices different, etc. viii. MOUs and shift scheduling procedures ix. Retention, turnover rates, time to fill positions x. How do benefits differ from similar municipalities g. Include in the report information and recommendations that came from staff versus contractor statements in the final report and indicate the source of the recommendations; h. Include in the report as appendices any data collected used in comparisons and identify the source of the data and which municipality the data represents; i. Determine what opportunities exist, possible methods for implementation, and associated cost estimates or cost savings associated with the implementation. Examples of opportunities may be found in making changes to the following: i. Changes in organizational structures ii. Job Sharing iii. Outsourcing iv. Working cooperatively with Cole County v. Use of technology vi. Flexible work schedules 11 vii. Remote work viii. Succession planning ix. Staff Reduction Plan j. Offer strategies/recommendations (top three to five) that would be the most impactful and cost efficient to the City and the citizens. 3. Provide an organizational review and optimization review which streamlines business processes with the goal to gain efficiencies, reduce redundancies, recommend appropriate staffing structure and levels, and improve overall operations. a. The final report should consist of at a minimum the following: • Executive Summary • Description of Current Operations • Findings • Organizational and Optimization Recommendations with plans, cost estimates, and timelines for completion • Supporting Data 4. Present a summary of the findings and plan, in person, to the City Council during a City Council meeting. All other meetings may be virtual, but the final meeting must be in person. C. City Responsibilities The City shall: 1. Assign a representative who will be the main point of contact and oversee the project; 2. Coordinate access to staff and allow staff to be available to participate in surveys, discussions, etc.; 3. Provide access to facilities and existing data; and 4. Respond timely to information requests. 4. COST PROPOSAL A. Proposers shall submit a detailed cost proposal to include: 1. Lump sum fee for services described 2. An estimate of the hours required to complete the entire process 12 3. All non-labor costs expected to include telephone calls, printing, travel, or other incidentals 5. EXHIBITS AND ATTACHMENTS • Exhibit 1 – Areas of Review • Exhibit 2 – Sample Contract • Exhibit 3 – Personnel Manual, Table of Contents • Exhibit 4 – Federal Clauses • Exhibit 5 – Evergreen Study • Attachment A – References • Attachment B – Affidavit of Compliance with E-Verify • Attachment C – Authority to Execute form • Attachment D – Anti-Collusion Affidavit • Attachment E – Certification Regarding Lobbying 13 EXHIBIT 1 – AREAS OF REVIEW 1. FTE Count a. Review staffing levels by department. b. Analyze past, current, and projected staffing levels compared to citizens served. Benchmark data with municipalities of comparable size to determine if appropriate and provide recommendations. c. Confirm budgeting – include both filled and vacated positions consistently across departments and determine how long vacated positions remain within the budget. d. Why is the budgeted percentage of personnel cost high and what step can be taken to reduce this percentage? e. Review staffing and overtime history. 2. Staffing a. Turnover rates by department/manager. b. Number of vacancies by department including length of time to staff vacancies. c. Average time to staff vacancies by department. d. Number of stale vacancy-fill requests by department and reasons for length of time to fill i. Are there opportunities to eliminate stale vacancy-fill requests in exchange for giving existing staff increased responsibilities? ii. Do department/agencies consider job sharing or flex schedules where appropriate? iii. Are there opportunities to consider remote work? e. Who maintains job descriptions and maintenance of descriptions so they remain current? f. Review job description to be fully familiar with all positions to include managers and supervisors; propose recommendations for workflow and assignment efficiencies and deficiencies. g. Are positions staffed within the salary range of posted jobs and exceptions? h. What is the process and approval path for new hire offers? i. What is the process to determine external equity (market pay) for priority positions? k. Are hiring managers given flexibility to make higher offers for candidates bringing more skills, experience, and credentials? l. Is a commitment to internal promotion visible within employee/staffing policies and are staffing actions consistent with established policies and procedures? m. Is exit interview data collected and analyzed by departments? i. What is done with exit interview data and with whom is it shared? n. What is the approval path and process for involuntary terminations by department? o. Is there an opportunity to reduce the cost of FTEs through use of technology, more efficient processes, reducing stale job vacancies, use of more cross-training for periodic job responsibilities, evaluating projected retirements, or awarding new responsibilities to existing staff upon resignation/retirement? i. Are there opportunities for outsourcing? ii. Are there opportunities for cooperative ventures for service delivery and/or cost efficiencies with the County? 14 p. Look at technological upgrade or implementation and their impact on service, staffing, and cost benefit. q. Identify operations currently performed by the City that could be performed more efficiently by other means and provide options to consider. r. Assess staffing needs and optimized staffing levels based on current job operations and outcomes. s. Identify redundancies and opportunities for efficiencies in workflow processes, staffing, classification options, etc. t. Analyze processes and structures supporting the major department functions and outcomes. u. Review workload levels by department and classification for the City. v. Assess the organizational effectiveness and operational performance levels of each department. w. Identify any other possible organizational and operational process improvements. x. Assess the gap between needs and standards and current performance/outcomes. y. Assess staffing needs and optimal staffing levels based on the current service levels, as well as the various work plans for each department. z. Identify any redundancies or barriers to efficiencies in workflow processes; suggest any beneficial adjustments to staffing or classifications; and recommend any opportunities as they relate to staffing decisions. aa. Compare and analyze the City’s current operational needs to industry standards and best practices of other activities or municipalities of similar size. 3. Retention a. When was the most recent employee engagement survey and are plans in place for addressing opportunities for improvement? i. Which positions received engagement survey findings and were plans created to address issues? b. Are 30, 60, 90-day check-ins completed for new hires consistently across all departments? c. Is there sufficient manager/leadership training? d. Is there a succession plan in place that is revised at lease annually? e. Is there an opportunity to create a professional development program that awards certain activities to increase skill sets? i. Are stretch assignments available? f. What recognition activities take place by department? g. Is there a new-hire on-boarding process in place and is it consistent across all departments/agencies? 4. Policies and Procedures a. How do different department policies and procedures interact with one another as management/resources/expense decisions are made to support the City’s overall mission and values? b. Assess the City’s organizational mission, vision, goals and objectives, including performance- based outcome measures. c. Assist the City in identifying the internal and external factors that impact the City’s commitment to providing efficient and effective service. 15 5. Compensation a. Review compensation policies as compared to practices by department. b. Is salary compression problematic for staffing and, if so, what is the approximate cost to resolve compression? Information regarding this should be available from the Evergreen report. c. What is the average compensation ratio and average tenure by department? d. Is there an opportunity to compare compensation ratio of similar jobs across departments? e. What has the average merit pool over the last three years and are department managers held accountable for staying within the budget? f. Is there a correlation between merit awards and performance ratings? g. What procedures are in place to support pay for performance annually and/or within a set schedule, using base or variable pay? h. Report on the feasibility, both fiscally and practically, to consolidate or transfer operations to another department within the City or to another municipality. i. Review MOUs and shift scheduling procedures for impacts and related staffing requirements and restrictions. 6. Group Health and Welfare Plans a. Does staff review SPD’s, health trend metrics, and financial information regularly to identify proactive measures that provide more value to employees while containing costs? b. Are top health issues considered when creating wellness plan objectives? c. Is the pharmacy plan being managed so that generic drugs utilized and high -cost drug programs are evaluated? d. Are benefits, including resources, available to all City employees awarded consistently? If no, which plans and what would the cost and or morale lift be if all benefits and resources were available to all City employees? e. How does the City compare with retirement benefits alongside comparable municipalities? (The Austin Peters Group and Evergreen reports may contain this information.) i. Is there movement toward elimination or freezing (soft or hard) of defined benefit plans? If so, is the movement more toward defined contribution plans? f. What is the percentage of benefits to salaries? How does this compare with other municipalities? 16 EXHIBIT 2 – Sample Contract CITY OF JEFFERSON CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT, made and entered into the date last executed by a party as indicated below, by and between the City of Jefferson, a municipal corporation of the State of Missouri, hereinafter referred to as “City”, and _____________ hereinafter referred to as “Contractor”. WITNESSETH: THAT WHEREAS, the City desires to engage the Contractor to render certain services Organizational Review and Staffing Optimization Review to show how efficient, effective, and productive the City’s current performance is and recommendations for improvement, hereinafter described in Exhibit A. WHEREAS, Contractor has made certain representations and statements to the City with respect to the provision of such services and the City has accepted said proposal to enter into a contract with the Contractor for the performance of services by the Contractor. NOW THEREFORE, for the considerations herein expressed, it is agreed by and between the City and the Contractor as follows: 1. Scope of Services. Contractor agrees to provide all supervision, labor, tools, equipment, materials and supplies for Organizational Review and Staffing Optimization Review to show how efficient, effective, and productive the City’s current performance is and how to improve, as set forth in Exhibit A. In the event of a conflict between this agreement and any attached exhibits, the provisions of this agreement shall govern and prevail. 2. Payment. The City hereby agrees to pay Contractor for the work done pursuant to this contract according to the payment schedule set forth in the contract documents upon acceptance of said work by an Agent of the City of Jefferson’s ______________, and in accordance with the rates and/or amounts stated in the bid of Contractor dated _____________, which are by reference made a part hereof. No partial payment to Contractor shall operate as approval or acceptance of work done or materials furnished hereunder. No change in compensation shall be made unless there is a substantial and significant difference between the work originally contemplated by this agreement and the work actually required. The total amount for services rendered under this contract shall not exceed the budgeted amount of _______________________. 3. Term. This contract shall commence on the date last executed by a party as indicated below. The Contractor shall perform said work in accordance with the contract documents as set forth in Exhibit A, by the ________________. 4. Additional Services. The City may add to Contractor services or delete therefrom activities of a similar nature to those set forth in Exhibit A, provided that the total cost of such work does not exceed the total cost allowance as specified in paragraph 2 hereof. The Contractor shall undertake such changed activities only upon the direction of the City. All such directives and changes shall be in written form and approved by the City and shall be accepted and countersigned by the Contractor or its agreed representatives. 5. Personnel to be Provided. The Contractor represents that Contractor has or will secure at its expense all personnel required to perform the services called for under this contract by the Contractor. Such personnel shall not be employees of or have any contractual 17 relationship with the City except as employees of the Contractor. All of the services required hereunder will be performed by the Contractor or under the Contractor’s direct supervision and all personnel engaged in the work shall be fully qualified and shall be authorized under state and local law to perform such services. None of the work or services covered by this contract shall be subcontracted except as provided in Exhibit A without the written approval of the City. 6. Contractor’s Responsibility for Subcontractors. It is further agreed that Contractor shall be as fully responsible to the City for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as Contractor is for the acts and omissions of persons it directly employs. Contractor shall cause appropriate provisions to be inserted in all subcontracts relating to this work, to bind all subcontractors to Contractor by all the terms herein set forth, insofar as applicable to the work of subco ntractors and to give Contractor the same power regarding termination of any subcontract as the City may exercise over Contractor under any provisions of this contract. Nothing contained in this contract shall create any contractual relations between any subcontractor and the City or between any subcontractors. 7. Independent Contractor. The Contractor is an independent contractor and nothing herein shall constitute or designate the Contractor or any of its employees as agents or employees of the City. 8. Benefits not Available. The Contractor shall not be entitled to any of the benefits established for the employees of the City and shall not be covered by the Workmen’s Compensation Program of the City. 9. Nondiscrimination. The Contractor agrees in the performance of the contract not to discriminate on the grounds or because of race, creed, color, national origin or ancestry, sex, religion, handicap, age or political affiliation, against any employee of Contractor or applicant for employment and shall include a similar provision in all subcontracts let or awarded hereunder. 10. Illegal Immigration. Prior to commencement of the work: a. Contractor shall, 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. b. Contractor shall sign an affidavit affirming that it does not knowingly employ any person who is an unauthorized alien in connection with the contracted services. c. If Contractor is a sole proprietorship, partnership, or limited partnership, Contractor shall provide proof of citizenship or lawful presence of the owner. 11. Notice to Proceed. The services of the Contractor shall commence upon execution of this Agreement, and shall be undertaken and completed in accordance with the schedule contained in Exhibit A. 12. Termination. If, through any cause, the Contractor shall fail to fulfill in timely and proper manner its obligations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the City shall thereupo n have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective day of such termination. The City reserves the right to terminate this contract for convenience by giving at least fourteen (14) days prior written notice to Contractor, without prejudice to any other rights or remedies of the City, provide Contractor shall be entitled to payment for all work completed by Contractor through the date of termination. The Contractor may with cause terminate this contract upon 30 days prior written notice. In either such event all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other materials prepared by the Contractor under this contract shall, at the option of 18 the City, become its property, and the compensation for any satisfactory work completed on such documents and other materials shall be determined. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any such breach of contract by the Contractor. 13. Waiver of Breach. Failure to insist upon strict compliance with any of the terms covenants or conditions herein shall not be deemed a waiver of any such terms, covenants or conditions, nor shall any failure at one or more times be deemed a waiver or relinquishment at any other time or times by any right under the terms, covenants or conditions herein. 14. Authorship and Enforcement. Parties agree that the production of this document was the joint effort of both parties and that the contract should not be construed as having been drafted by either party. In the event that the City successfully enforces the terms of this contract through litigation, the City shall be entitled to receive, in addition to any other relief, its reasonable attorney’s fees, expenses and costs. 15. Severability. If any section, subsection, sentence, or clause of this contract shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall not affect the legality, validity, or enforceability of the contract as a w hole, or of any section, subsection, sentence, clause, or attachment not so adjudged. 16. Assignment. The Contractor shall not assign any interest in this contract, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the City thereto. Any such assignment is expressly subject to all rights and remedies of the City under this agreement, including the right to change or delete activities from the contract or to terminate the same as provided herein, and no such assignment shall require the City to give any notice to any such assignee of any actions which the City may take under this agreement, though City will attempt to so notify any such assignee. 17. Existing Data. All information, data and reports as are existing, available and necessary for the carrying out of the work, shall be furnished to the Contractor without charge by the City, and the City shall cooperate with the Contractor in every reasonable way in carrying out the scope of services. The Contractor shall not be liable for the accuracy of the informa tion furnished by the City. 18. Confidentiality. Any reports, data or similar information given to or prepared or assembled by the Contractor under this contract which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without prior written approval of the City. 19. Indemnity. To the fullest extent permitted by law, the Contractor will defend, indemnify and hold harmless the City, its elected and appointed officials, employees, and agents from and against any and all claims, damages, losses, and expenses including attorneys’ fees arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the work itself) including the loss of use resulting therefrom and (2) is caused in whole or in part by any negligent act or omission of contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in this paragraph. 19 20. Insurance. Contractor shall provide, at its sole expense, and maintain during the term of this agreement commercial general liability insurance with a reputable, qualified, and financially sound company licensed to do business in the State of Missouri, and unless otherwise approved by the City, with a rating by Best of not less than “A,” that shall protect the Contractor, the City, and the City’s officials, officers, and employees from claims which may arise from operations under this agreement, whether such operations are by the Contractor, its officers, directors, employees and agents, or any subcontractors of Contractor. This liability insurance shall include, but shall not be limited to, protection against claims arising from bodily and personal injury and damage to property, resulting from all Contractor operations, products, services or use of automobiles, or construction equipment at a limit of $500,000 Each Occurrence, $3,000,000 Annual Aggregate; provided that nothing herein shall be deemed a waiver of the City’s sovereign immunity. An endorsement shall be provided which states that the City is named as an additional insured and stating that the policy shall not be cancelled or materially modified so as to be out of compliance with the requirements of this section, or not renewed without 30 days advance written notice of such event being given to the City. 21. Documents Reproducible copies of tracings and maps prepared or obtained under the terms of this contract shall be delivered upon request to and become the property of the City upon termination or completion of work. Copies of basic survey notes and sketches, charts, computations and other data prepared or obtained under this contract shall be made available, upon request, to the City without restrictions or limitations on their use. When such copies are requested, the City agrees to pay the Contractor its costs of copying and delivering same. 22. Books and Records. The Contractor and all subcontractors shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred in connection with this contract, and shall make such materials available at their respective offices at all reasonable times during the contract and for a period of three (3) years following completion of the contract. 23. Nonsolicitation. The Contractor warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, to solicit or secure this contract, and that they have not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability, or, in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gifts, or contingent fee. 24. Delays. That the Contractor shall not be liable for delays resulting from causes beyond the reasonable control of the Contractor; that the Contractor has made no warranties, expressed or implied, which are not expressly set forth in this contract; and that under no circumstances will the Contractor be liable for indirect or consequential damages. 25. Amendments. This contract may not be modified, changed or altered by any oral promise or statement by whosoever made; nor shall any modification of it be binding upon the City until such written modification shall have been approved in writing by an authorized officer of the City. Contractor acknowledges that the City may not be responsible for paying for changes or modifications that were not properly authorized. 26. Governing Law. The contract shall be governed by the laws of the State of Missouri. The courts of the State of Missouri shall have jurisdiction over any dispute which arises under this contract, and each of the parties shall submit and hereby consents to such courts exercise of jurisdiction. In any successful action by the City to enforce this contract, the City shall be entitled to recover its attorney’s fees and expenses incurred in such action. 20 27. Federal Terms. The City of Jefferson is a recipient of federal grant funds. Therefore, the grant requirements in Exhibit B shall be fully considered in preparing responses and performing work under any resulting award. 28. Notices. All notices required or permitted hereinunder and required to be in writing may be given by first class mail addressed to the following addresses. The date and delivery of any notice shall be the date falling on the second full day after the day of its mailing. If to the City: If to the Contractor: City of Jefferson Name Department of Law Attn: 320 East McCarty Street Address Jefferson City, Missouri, 65101 Address CITY OF JEFFERSON, MISSOURI CONTRACTOR ________________________________ __________________________________ Mayor of Jefferson City Title: Date: __________ Date: __________ ATTEST: ATTEST: ________________________________ __________________________________ City Clerk Title: APPROVED AS TO FORM: ________________________________ City Attorney 21 EXHIBIT 3 – PERSONNEL MANUAL TABLE OF CONTENTS ARTICLE 1. GENERAL PROVISIONS Section 1-1. Purpose of rules Section 1-2. Positions covered by the rules Section 1-3. Administration of the rules Section 1-4. Departmental regulations ARTICLE 2. DEFINITION OF TERMS ARTICLE 3. GENERAL EMPLOYEE POLICIES Section 3-1. Equal Employment Opportunity Section 3-2. Affirmative Action Plan Section 3-3. Alcohol, Drug, and Controlled Substance Abuse Policy Section 3-4. Acquired Immune Deficiency Syndrome (AIDS) Section 3-5. Health and safety Section 3-6. Limitation of smoking and tobacco use Section 3-7. Applicants and Employees with Disabilities Section 3-8. Attitude and appearance Section 3-9. Uniforms; clothing provisions Section 3-10. Commercial Drivers' License Section 3-11. Computer, Internet and E-mail Usage Section 3-11A. Social Media Section 3-11B. Taking Pictures or Video of Scenes Prohibited Section 3-12. Telephone Use Section 3-13. Use of Vehicles ARTICLE 4. APPLICATIONS AND APPLICANTS Section 4-1. Recruitment Section 4-2. Application form Section 4-3. Disqualification Section 4-4. Disqualification by reason of police record Section 4-5. Examinations Section 4-6. Examination administration Section 4-7. Rating of examinations Section 4-8. Medical examinations Section 4-9. Residence requirements ARTICLE 5. APPOINTMENTS Section 5-1. Appointments Section 5-2. Appointment authority Section 5-3. Appointment forms Section 5-4. Transfer Section 5-5. Promotion/Demotion 22 ARTICLE 6. INTRODUCTORY AND TRAINING PERIODS Section 6-1. Purpose Section 6-2. Duration Section 6-3. Evaluation and counseling Section 6-4. Extension of introductory period Section 6-5. Termination during introductory period Section 6-6. Completion of introductory period Section 6-7. Training period for promoted and transferred employees Section 6-8. Demotion during training period ARTICLE 7. POSITION CLASSIFICATION PLAN Section 7-1. The classification plan Section 7-2. Purpose of the classification plan Section 7-3. Administration of the classification plan Section 7-4. Classification of positions Section 7-5. Effect of classification changes on incumbent ARTICLE 8. COMPENSATION PLAN Section 8-1. Authority to establish salaries Section 8-2. The compensation plan Section 8-3. Standards for determination of pay ranges Section 8-4. Amendment of the compensation plan Section 8-5. Total remuneration Section 8-6. Dual employment prohibited Section 8-7. Special assignments Section 8-8. Application of the compensation plan Section 8-9. Beginning salary Section 8-10. Merit and Career Development Section 8-11. Pay rate adjustments Section 8-12. Temporary assignment to another position Section 8-13. Overtime and compensatory time Section 8-14. Call back time Section 8-15. Stand-by/on-call status Section 8-16. Emergency alert duty status Section 8-17. Pay periods; pay days Section 8-18. Compensation for leave taken and hours worked above the work schedule Section 19. Safe Harbor Policy ARTICLE 9. PERFORMANCE APPRAISAL Section 9-1. Responsibilities Section 9-2. Employee performance appraisals ARTICLE 10. WORK SCHEDULES AND ATTENDANCE Section 10-1. Work schedules determined by department director Section 10-2. Required attendance Section 10-3. Inclement weather closings 23 ARTICLE 11. PAID HOLIDAYS Section 11-1. Regular Holidays Section 11-2. Floating Holidays ARTICLE 12. VACATION LEAVE Section 12-1. Amount Section 12-2. Accrual Section 12-3. Payment upon separation Section 12-4. Holidays occurring during vacation period Section 12-5. Use of vacation leave ARTICLE 13. SICK LEAVE Section 13-1. Amount Section 13-2. When taken Section 13-3. Accrual Section 13-4. Incentive program ARTICLE 14. SPECIAL LEAVE Section 14-1. Approval authority Section 14-2. Court leave Section 14-3. Military leave Section 14-4. Military training leave of absence Section 14-5. Blood donation leave Section 14-6. Maternity leave Section 14-7. Family and medical leave Section 14-8. Occupational injury leave Section 14-9. Absence without leave Section 14-10. Funeral leave Section 14-11. Education leave Section 14-12. Special assignment leave Section 14-13. Non-Work-Related Special Circumstances Leave Section 14-14. Shared Leave ARTICLE 15. OTHER FRINGE BENEFITS Section 15-1. Health and life coverage Section 15-2. Cafeteria Plan Section 15-3. Retirement plans Section 15-4. Deferred compensation Section 15-5. Credit union Section 15-6. Employee assistance program Section 15-7. Long-term disability insurance Section 15-8. Education plan Section 15-9. Training 24 ARTICLE 16. SEPARATION AND DISCIPLINARY ACTIONS Section 16-1. Resignation Section 16-2. Termination Section 16-3. Reduction in force; lay off Section 16-4. Return of city property Section 16-5. Discipline Section 16-6. Disciplinary actions defined and pre-disciplinary hearing Section 16-7. Retirement Section 16-8. Honoring of retirees ARTICLE 17. CONFLICT RESOLUTION AND APPEALS Section 17-1. Conflict resolution Section 17-2. Conduct of investigation Section 17-3. Police ARTICLE 18. RECORDS AND REPORTS Section 18-1. Personnel records Section 18-2. Service register Section 18-3. Reports Section 18-4. Public records ARTICLE 19. TRAVEL EXPENSES Section 19-1. Policy Section 19-2. Travel advances Section 19-3. Reimbursable expenses Section 19-4. Non-reimbursable expenses Section 19-5. Vacation combined with official travel Section 19-6. Travel reimbursement or repayment of advance to city Section 19-7. Use of personal vehicle for official business Section 19-8. Use of City vehicles Section 19-9. Reimbursement rates and rules Section 19-10. Use of personal credit card when traveling ARTICLE 20. PROHIBITIONS AND PENALTIES Section 20-1. Participation in political activities Section 20-2. Discrimination and sexual harassment Section 20-3. Nepotism; restriction on employment of relatives Section 20-4. Outside employment Section 20-5. Conflict of interest Section 20-6. Penalties ARTICLE 21. MANAGEMENT RIGHTS ARTICLE 22. SAVINGS CLAUSE AND AMENDMENT Section 22-1. Savings clause Section 22-2. Amendment 25 EXHIBIT 4 – FEDERAL CLAUSES The City of Jefferson is a recipient federal grant funds through the American Rescue Plan Act of 2021. Therefore, the following requirements shall be fully considered in preparing responses and performing work under any resulting award. Access to Records Vendor agrees to provide the City, the Federal Government, and any applicable Federal Administrator, Director, the Comptroller General of the United States, or any of their authorized representative’s access to any books, documents, papers, and records of the Vendor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Vendor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. Nothing contained herein shall be construed as intending to limit or prohibit audits or internal reviews by Federal personnel or the Comptroller General of the United States. Retention Requirements for Records The contractor shall retain financial records, supporting documents, statistical records and all other records pertinent to the financial assistance agreement for a period of three years starting from the date of submission of the final payment request. Authorized representatives of federal awarding agencies, the Federal Inspectors General, the Comptroller General of the United States, the City or any of their designees shall have access to any pertinent books, documents, and records of contractor in order to conduct audits or examinations. The contractor agrees to allow monitoring and auditing by the City and/or authorized representative. If any litigation, claim, negotiation, audit, or other action involving the records has been started before the expiration of the three-year period, the contractor shall retain records until all litigations, claims or audit findings involving the records have been resolved and final action taken. Breach of Contract 1. In the event of material breach of the contractual obligations by the contractor, the City may cancel the contract. At its sole discretion, the City may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. The actual cure must be completed within no more than 10 working days from notification, or at a minimum the contractor must provide the City within 10 working days from notification a written plan detailing how the contractor intends to cure the breach. 2. If the contractor fails to cure the breach or if circumstances demand immediate action, the City will issue a notice of cancellation terminating the contract immediately. If it is determined the City improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract. 3. If the City cancels the contract for breach, the City reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the City deems appropriate and charge the contractor for any additional costs incurred thereby. 26 4. The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the City for any period in which funds have not been appropriated, and the City shall not be liable for any costs associated with termination caused by lack of appropriations. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Each contractor certifies to the tier above by completing the Certification Regarding Lobbying form, that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of the City, an agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Clean Air Act (42 U.S.C. 7401 – 7671q.) and Federal Water Pollution Control Act (33 U.S.C. 1251-1387) The contractor must comply with the Federal Clean Air Act (42 U.S.C. 7401 – 7671q), as amended, and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended. Failure to abide by these laws is sufficient grounds to cancel the agreement. By agreeing to this agreement, the contractor certifies that the contractor, its board of directors and principals are following these specific federal laws. Further, the contractor shall report to the City any instance in which the contractor or any member of its board of directors or principals is determined by any administrative agency or by any court in connection with any judicial proceeding to be in noncompliance with any of these specific federal laws. Such report shall be submitted within ten (10) working days following such determination. Failure to comply with the reporting requirement may be grounds for termination of this agreement or suspension or debarment of the contractor. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708) 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which they are employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b) (1) of this section the contractor and any subcontractor responsible there for shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b) (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b) (1) of this section. 3. Withholding for unpaid wages and liquidated damages. The contractor shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, 27 from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b) (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b) (1) through (4) of this section. 5. The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the City and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 6. Contracts for construction, alteration, and repair, including painting and decorating, must provide that no contractor or subcontractor contracting for any part of the contract work shall require any laborer or mechanic employed in the performance of the contract to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to health or safety, as established under construction safety and health standards the Secretary of Labor prescribes by regulation based on proceedings pursuant to section 553 of title 5, provided that the proceedings include a hearing similar in nature to that authorized by section 553 of title 5. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award will not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines, 2 CFR 180. SAM exclusions contain the names of parties debarred, suspended or otherwise excluded by agencies as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Equal Employment Opportunity During the performance of this contract, the contractor agrees as follows: 1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during 28 employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. 2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, City that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. 4. The contractor will send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of 29 September 24, 1965, so that such provisions will be binding upon each contractor or subcontractor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a contractor or subcontractor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Procurement of Recovered Materials The contractor must comply with section 6002 of the Solid Waste Disposal Acts as amended by the Resources Conservation and Recovery Act. The requirements of this section include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. Rights to Inventions Made Under a Contract or Agreement (37 CFR Part 401) If the contractor produces subject matter, which is or may be patentable in the course of work sponsored by this agreement, the contractor shall promptly and fully disclose such subject matter in writing to the City. In the event that the contractor fails or declines to file Letters of Patent or to recognize patentable subject matter, the City reserves the right to file the same. The City grants to the contractor the opportunity to acquire an exclusive license, including the right to sublicense, with a royalty consideration paid to the City. Payment of royalties by contractor to the City will be addressed in a separate royalty agreement. Termination 1. Termination for Cause. The City may terminate this agreement, in whole or in part, at any time before the date of completion whenever it is determined that the contractor has failed to comply with the terms and conditions of the agreement. The City shall promptly notify the contractor in writing of such a determination and the reasons for the termination, together with the effective date. The City reserves the right to withhold all or a portion of funds if the contractor violates any term or condition of this agreement. Termination for cause may be considered for evaluating future agreements. The contractor may object to terminations with cause and may provide information and documentation challenging the termination. 2. Termination for Convenience. Both the City and the contractor may terminate the agreement, in whole or in part, when both parties agree that the continuation of the project would not produce beneficial results commensurate with the further expenditure of funds. 3. The City reserves the right to terminate the contract at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation 30 for services and/or supplies delivered to and accepted by the City pursuant to the contract prior to the effective date of termination. Domestic Preference for Procurements As appropriate, and to the extent consistent with law (including 2 C.F.R. §200.322), the contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. Prohibition on certain telecommunications and video surveillance services or equipment Contractors are prohibited from obligating or expending project funds to: 1. Procure or obtain; 2. Extend or renew a contract to procure or obtain; or 3. Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities). a. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). b. Telecommunications or video surveillance services provided by such entities or using such equipment. c, Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. 4. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained. 5. See Public Law 115-232, section 889 for additional information. 6. See also § 200.471. Disadvantaged Business Enterprise Statement Contractors bidding on City contracts funded in whole or in part by assistance from a federal agency shall take the following affirmative steps to assure that small, woman owned, and minority businesses are utilized when possible as sources of supplies, services and construction items. a. Contractors will submit the name and other information, if any, about their DBE sub-contractors 31 along with their bid submissions. b. Sufficient and reasonable efforts will be made to use qualified DBE sub-contractors when possible on City contracts. c. Qualified small, woman owned, and minority businesses will be included on solicitation lists as sub- contractors for City supplies, services, and construction. d. Qualified small, woman owned, and minority businesses will be solicited whenever they are potential sources. e. When economically feasible, contractors will divide total requirements into smaller tasks or quantities so as to permit maximum small, woman owned, and minority business participation. f. Where the requirements permit, contractors will establish delivery schedules which will encourage participation by small, woman owned and minority businesses. Contractors will use the services and assistance of the Small Business Administration, the Office of Equal Opportunity, and the Community Services Administration. 32 EXHIBIT 5 – EVERGREEN STUDY See Separate Document 33 ATTACHMENT A – REFERENCES Please provide three (3) references for contracts of similar scope and size within the past three (3) years. These customers may be contacted by the City. Responses will be considered by the City during the proposal evaluation process. 1. Name: Address: City, State, Zip:__________________________________________________________ Telephone /Email: Contact Person: Duration of Contract: Description of Services:__________________________________________________ _____________________________________________________________________ 2. Name: Address: City, State, Zip:__________________________________________________________ Telephone /Email: Contact Person: Duration of Contract: Description of Services:__________________________________________________ _____________________________________________________________________ 3. Name: Address: City, State, Zip:__________________________________________________________ Telephone /Email: Contact Person: Duration of Contract: Description of Services:__________________________________________________ _____________________________________________________________________ 34 ATTACHMENT B Affidavit of Compliance with Section 285.525 -285.550 RSMo For All Services in Excess of $5,000.00 State of ________________________ ) ) ss County of ______________________ ) I, __________________________, am an authorized agent of _________________________ (Bidder). This business is enrolled and participates in a federal work authorization program for all employees working in connection with services provided to the City of Jefferson. This business does not knowingly employ any person that is an unauthorized alien in connection with the services being provided. Documentation of participation in a federal work authorization program (signature page of the MOU with Homeland Security) is attached to this affidavit. Furthermore, all subcontractors working on this contract shall affirmatively state in writing in their contracts that they are not in violation of Section 285.530.1 RSMo, shall not thereafter be in violation and submit a sworn affidavit under penalty of perjury that all employees are lawfully present in the United States. ________________________________________________ Affiant Date Subscribed and sworn to before me this _______ day of ___________, ______. _______________________________________________ Notary Public My commission expires: ___________________ If bidder is an individual and does not have any employees of any sort, complete this section. I, the undersigned, being at least eighteen years of age, swear upon my oath that I am either a United States citizen or am classified by the United States government as being lawfully admitted for permanent residence. _______________________________ __________________________________________ Date Signature Subscribed and sworn to before me this _______ day of ___________, ______. ____________________________________ Notary Public My commission expires: ___________________ 35 Sample E-Verify Memo of Understanding – MOU Electronic Signature Page Company ID Number: XXXXXXX Approved by: Employer Your Company Name Name (Please Type or Print) John Doe Title Signature Electronically Signed Date 05/27/2019 Department of Homeland Security – Verification Division Name (Please Type or Print) USCIS Verification Division Title Signature Electronically Signed Date 05/27/2019 36 ATTACHMENT C – AUTHORITY TO EXECUTE If the Proposer is a corporation, the following Authority to Execute certificate should be completed on their company letterhead: (Company Letterhead) I, certify that I am the secretary of the Corporation named as Proposer herein above; that , who signed the foregoing contract on behalf of the Proposer was then , of said corporation; that said bid was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Signed corporate seal 37 ATTACHMENT D – ANIT-COLLUSION STATEMENT ANTI-COLLUSION STATEMENT STATE OF _____________________________) COUNTY OF ___________________________) ___________________________________________________________________ being first duly sworn deposes and says that he is _______________________ of _____________________________________ TITLE OF PERSON SIGNING NAME OF PROPOSER that all statements made and facts set out in the bid for the above project are true and correct; and that the Proposer (the person, firm, association, or corporation making said bid) has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such bid of any contract which results from its acceptance. Affiant further certifies that Proposer is not financially interested in, or financially affiliated with, any other Proposer for the above project. (BY) _________________________________________ (BY) _________________________________________ Sworn to before me this ________ day of ________________, 2023. _____________________________________________ Notary Public My commission expires: ____________________________________ 38 ATTACHMENT E – CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements (To be submitted with each bid or offer exceeding $100,000) The undersigned ___________________________________ certifies, to the bes t of his or her knowledge and belief, that: 1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influe ncing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for making lobbying contac ts to an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3) The undersigned shall require that the language of this certification be included in the award documents for all sub contracts at all tiers and that all subcontractors shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or ente red into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100 ,000 for each such failure. The Contractor, _________________________________, certifies or affirms the truthfulness and accuracy of each statement of it s certification and disclosure, if any. In addition, the Contractor understands and agrees that the p rovisions of 31 U.S.C. A 3801, et seq., apply to this certification and disclosure, if any. _______________________________________ Signature of Bidder’s Authorized Official _______________________________________ Name and Title of Bidder's Authorized Official _______________________________________ Date RESOLUTION SUMMARY RESOLUTION NO: RS2022-45 SPONSOR: Councilmember Fitzwater SUBJECT: Resolution of Intent Regarding Unilever Manufacturing (US), Inc .'s Proposed Industrial Development Project Under Chapter 100 DATE INTRODUCED: March 6. 2023 DEPARTMENT DIRECTOR(S): ___ --:-....,........,,c:_ __ :::::::=:===::: _______ _ CITY ADMINISTRATOR:~;z........!:::::__.::::::::::..__7--f.:::::!::'=:::~;L.----------- Staff Recommendation: Approve. Summary: Makes a finding of public benefit and provides direction to City staff, Jefferson City Regional Economic Partnership staff, and Gilmore & Bell , P.C ., as bond counsel to the City ("Bond Counsel"), to pursue issuance of one or more series of Taxable Industrial Development Revenue Bonds under Chapter 1 00 RSMo . to support an industrial development project of Scholastic Inc . Origin of Request: Jefferson City Regional Economic Partnership Department Responsible: Law I Administration PERSON RESPONSIBLE: RYAN MOEHLMAN Background Information: Unilever Manufacturing (US), Inc . (the "Co mpany"), has proposed an industrial development project (the "Project") that consists of the construction of an expansion to the Company's warehouse building (the "Project Improvements") located on the site of the Company's existing plant at 2900 West Truman Blvd in the City (the "P roject Site") and (2) the acquisition and installation of certain machinery, equipment and other personal property on the Project Site (the "Project Equipment"), in order to support the Company's outbound direct factory shipments and repack operations, which will allow the Company to maintain its current work force at the facility. The proposed Chapter 100 Taxable Industrial Development Revenue Bonds will provide real and personal property tax abatement for the Project Improvements to be constructed and the Project Equipment to be purchased by the Company as part of the Proj ect. This resolution makes certain findings and gives direction to City and Jefferson City Regional Economic Partnership staff, along with the City's Bond Counsel, to pursue the issuance of one or more series of Taxable Industrial Development Revenue Bonds and related real and personal property tax abatement to encourage the Company to proceed with th e proposed Project. The City also intends to provide the Company with (1) a sales/use tax exemption certificate for the purpose of providing the Company with sales/use ta x exemptions on the construction materials purchased by the Company in connection with the construction of the Project Improvements under the provisions of 144.062, RSMo, and (2) a sales/use tax exemption certificate for the purpose of providing the Company with sales/use tax exemptions on the Project Equipment purchased by the Company that is not manufacturing equipment under the provisions of Section 144.054, RSMo, but only if such exemption is approved by the Missouri Department of Economic Development. Fiscal Information: None at this time. Eventually, and under a separate ordinance, the City would issue approximately $60,000,000 in one or more series of Taxable Industrial Development Revenue Bonds, which would be payable solely out of payments, revenues and receipts derived from the lease of the Project Improvements and Project Equipment by the City to the Company. RESOLUTION RS2022-45 Sponsor: Councilmember Fitzwater A RESOLUTION OF OFFICIAL INTENT OF THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, FOR THE ISSUANCE OF TAXABLE INDUSTRIAL DEVELOPMENT REVENUE BONDS IN A PRINCIPAL AMOUNT OF APPROXIMATELY $60,000,000 TO FINANCE A PROJECT FOR THE BENEFIT OF UNILEVER MANUFACTURING (US), INC., AND AUTHORIZING CERTAIN ACTIONS RELATING THERETO. WHEREAS, The City of Jefferson, Missouri (the “City”), is authorized and empowered under the provisions of Article VI, Section 27(b) of the Missouri Constitution, as amended, and Sections 100.010 to 100.200, inclusive, of the Revised Statutes of Missouri, as amended (collectively, the “Act”), to purchase, construct, extend and improve certain projects (as defined in the Act) for the purposes set forth in the Act and to issue industrial development revenue bonds for the purpose of providing funds to pay the costs of such projects and to lease or otherwise dispose of such projects to private persons or corporations for manufacturing, commercial, warehousing and industrial development purposes upon such terms and conditions as the City shall deem advisable; and WHEREAS, Unilever Manufacturing (US), Inc., a Delaware corporation (the “Company”), has requested that the City (a) prepare and approve a plan for an industrial development project (the “Project”) consisting of (1) the construction of an expansion to the Company’s warehouse building (the “Project Improvements”) located on the site of the Company’s existing plant at 2900 West Truman Blvd in the City (the “Project Site”) and (2) the acquisition and installation of certain machinery, equipment and other personal property on the Project Site (the “Project Equipment”), (b) issue one or more series of taxable industrial development revenue bonds (the “Bonds”) to provide funds to pay the costs of the Project, and (c) lease the Project Improvements and Project Equipment to the Company, all in accordance with and pursuant to the Act; and WHEREAS, the Bonds would be payable solely out of payments, revenues and receipts derived from the lease of the Project Improvements and the Project Equipment by the City to the Company; and WHEREAS, the City has determined that it is necessary and desirable to declare the official intent of the City to finance the costs of the Project from the proceeds of the Bonds for such purposes, subject to certain terms and conditions set forth in this Resolution; and WHEREAS, Section 100.050 of the Act requires the City to prepare a plan in connection with any industrial development project proposed to be undertaken pursuant to the Act (the “Plan”); and WHEREAS, Section 100.059 of the Act requires the City, not less than twenty days prior to the City Council’s approval of the Plan, to provide notice of the proposed Project to the affected taxing jurisdictions; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Jefferson, Missouri, as follows: SECTION 1: Finding of Public Benefit. The City Council hereby finds and determines that the Project will promote the economic welfare and development of the City and of the taxing jurisdictions where the Project is located, and that the issuance of the Bonds to pay the cost of the Project will be in furtherance of the public purposes set forth in the Act. SECTION 2: Authorization of Plan, Declaration of Intent and Preliminary Approval of Incentives. The City Council authorizes the preparation of the Plan, declares the intent of the City to issue one or more series of Bonds in a principal amount not anticipated to exceed $60,000,000 in total to provide funds to finance the costs of the Project, and preliminarily approves the following incentives to be offered to the Company, subject to the conditions to the issuance of the Bonds set forth in Section 4 of this Resolution: (a) Real Property and Personal Property Tax Abatement: In exchange for the Company’s agreement to maintain a certain level of jobs at the Project Site, the Company will receive (1) 50% real property tax abatement on the Project Improvements to be located on the Project Site for a period of 10 years and (2) 50% personal property tax abatement on each portion of the Project Equipment (expected to be acquired in calendar years 2023 and 2024) to be installed on the Project Site for a period of 10 years. The specific terms of the real and personal property tax abatement and number of jobs to be maintained by the Company at the Project Site during the tax abatement period will be set forth in a Performance Agreement (defined herein) between the City and the Company to be approved by the City Council at a later date; (b) Sales Tax Exemption on Construction Materials: As permitted by Section 144.062 of the Revised Statutes of Missouri, as amended, in order to obtain an exemption from State of Missouri and local sales taxes for construction materials utilized to construct the Project Improvements, the City intends to authorize the use of a sales tax exemption certificate by the Company (or other entity authorized to act on behalf of the Company) conditioned upon the Company’s agreement to fully indemnify and protect the City from any judgements or actions arising from the Company’s use of such sales tax exemption certificate provided by the City in connection with the purchase of construction materials for the Project Improvements and the Company’s further agreement to immediately pay all sales taxes that would have otherwise been due with respect to the purchase of said construction materials if it is determined that such sales tax exemption certificate was improperly used by the Company; and (c) Sales Tax Exemption on Non-Manufacturing Equipment. Pursuant to Section 144.054 of the Revised Statutes of Missouri, as amended, the City intends to provide the Company a sales tax exemption certificate for purposes of providing sales tax exemption for any portion of the Project Equipment that is not classified as manufacturing equipment, if and when such sales tax exemption is approved by the Missouri Department of Economic Development. SECTION 3: Limited Obligations. The Bonds shall be limited and special revenue obligations payable solely out of payments, revenues and receipts derived from the lease of the Project Improvements and Project Equipment by the City to the Company. The Bonds and the interest thereon shall not be a debt of the City or the State of Missouri, and neither the City nor the State of Missouri shall be liable thereon, and the Bonds shall not constitute an indebtedness within the meaning of any constitutional, statutory or charter debt limitation or restriction. SECTION 4: Conditions to Issuance of Bonds. This Resolution constitutes a statement of intent of the City Council. The issuance of the Bonds and the execution and delivery of any documents related to financing the Project are subject, in the sole discretion of the City, to the following conditions: (a) subsequent approval by the City Council of the Plan in accordance with Section 100.050 of the Act, including a cost-benefit analysis of the impact of the Project and the terms of real and personal property tax abatement and sales tax exemptions with respect to the Project; (b) subsequent approval of an ordinance by the City Council authorizing the issuance of the Bonds and the execution and delivery of the legal agreements and related instruments required in connection therewith; (c) obtaining any other necessary governmental approvals for the Project; (d) agreement by the City, the Company and the purchaser of the Bonds upon (1) mutually acceptable terms for the Bonds and for the sale and delivery thereof and (2) mutually acceptable terms and conditions of any documents related to the issuance of the Bonds and the Project, including a performance agreement between the City and the Company (the “Performance Agreement”) setting forth the terms of the real and personal property tax abatement to be described in the Plan, certain job requirements to be maintained by the Company at the Project Site and other matters; and (e) receipt by the City of satisfactory indemnification from the Company for all other matters relating to the Project, and the Company’s agreement to pay all expenses of the City, including but not limited to legal fees, in connection with its approval of the Project and issuance of the Bonds. SECTION 5: Reimbursement for Project Costs. The Company is hereby authorized to proceed with the Project, including the entering of contracts and purchase orders in connection therewith, and to advance such funds as may be necessary to accomplish such purposes. If the Bonds are issued, the Company may be reimbursed out of the proceeds thereof for expenditures paid or incurred in connection with the Project. SECTION 6: Notice to Taxing Jurisdictions. The City Clerk or designee shall send a notice to all taxing jurisdictions in which taxable real and personal property included in the Project is located, which notice shall (a) include a copy of the Plan, (b) state the date that the City Council will first consider approval of the Plan, and (c) invite such entities to submit comments to the City Council regarding the Plan all in accordance with Section 100.059 of the Act. SECTION z: Preparation of Documents. G ilmore & Bell , P.C ., as Bond Counsel to the City, together with the officers and employees of the C ity, are hereby authorized to work with the Company, their respective counsel and others , to prepare for submission to and final action by the City Council all documents necessary to effect the authorization , issuance and sale of the Bonds and other actions contemplated hereunder in connection with the financing of the Project. SECTION §.: Further Authority . The City hereby authorizes and empowers the officers and representatives of the City to do all such acts and things and to e xecute , acknowledge and deliver all such documents as may in their discretion be deemed necessary or desirable in order , to carry out or comply with the terms and provisions of this Resolution in connection with the structure and sale of the Bonds. All of the acts and undertakings of such officers and representatives which are in conformity with the intent and purposes of this Resolution , whether heretofore or hereafter taken or done shall be and the same are hereby in all respects, ratified , confirmed and approved. SECTION~: Effective Date. This Resolution shall be in full force and effect from and after the date of its adoption . Adopted this 61h day of March, 2023 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk Ci~ RESOLUTION SUMMARY RESOLUTION NO: RS2Q22-46 SPONSOR: Councilmember Fitzwater SUBJECT: Authorizing the City Administrator to execute an Environmental Assessment for the Cole County EMS Proiect subject to the approval of the City Administrator's review and approval. DATE INTRODUCED: March 6. 2023 DEPARTMENT DIRECTOR(S): CITY ADMINISTRATOR: Staff Recommendation: Approve. Summary: Authorizes the City Administrator to execute an Assessment for the Cole County EMS Project v\/ith review and approval. Origin of Request: Cole County EMS Department Responsible: Law PERSON RESPONSIBLE: Ryan Moehlman Background Information: This resolution would authorize the City Administrator to approve a Environmental Assessment in relation to the Cole County EMS Project after the City Administrator has reviewed and approved such Environmental Assessment. Fiscal Information: This contract commits the City pay $185,000 for such economic development services for FY 2022 - 2023, which is the same as the current year's amount. This amount has been already been included in the FY 2022-2023 budget, so no further appropriations will be necessary. RESOLUTION RS2022-46 Sponsor: Councilmember Fitzwater A RESOLUTION AUTHORIZING THE CITY ADMINISTRATOR TO APPROVE AN ENVIRONMENTAL ASSESSMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, that the City Administrator is authorized to approve an Environmental Assessment for the Cole County Emergency Medical Services Project, subject to the City Administrator's review and approval of such Environmental Assessment. Adopted this day of , 2023 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk