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HomeMy Public PortalAbout2023-04-17 CURRENT council packet NOTICE OF MEETING AND CITY COUNCIL AGENDA i MONDAY, APRIL 17, 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=md3f5994aae3b6e37846b0e864d7ec96a CALL-IN PARTICIPATION AVAILABLE AT: 1-404-397-1516 MEETING NUMBER: 2489 198 9475 MEETING PASSWORD: 1234 FIRST MEETING – CURRENT COUNCIL TENTATIVE AGENDA PRAYER – Councilmember Spencer PLEDGE OF ALLEGIANCE 1. CALL TO ORDER 2. ROLL CALL 3. 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. Hiring, firing, disciplining or promoting of particular employees [Sec. 610.021(3)] 4. ADOPTION OF AGENDA 5. MISCELLANEOUS AGENDA ITEMS a. Retirement Proclamation Presented to Sister Jean Dietrich of Helias Catholic High School (Mayor Tergin) 6. PUBLIC HEARINGS a. Approving a Special Exception Permit for a Truck Stop/Travel Plaza for Property Located in the 200 Block of Militia Dr i. Resolution RS2022-51 (Lester) Staff: Eric Barron City Council Agenda – April 17, 2023 FIRST MEETING – CURRENT COUNCIL ✓ = Request to suspend rules 2 b. Rezoning 0.15 Acres from M-2 General Industrial to PUD Planned Unit Development and Approving a Preliminary and Final PUD Plan for Property Located in the 7000 Block of Partnership Parkway i. Pending Bill 2022-116 (Lester) Staff: Eric Barron c. Approving a Preliminary PUD Plan for Property Located at 3420 North Ten Mile Dr. i. Pending Bill 2022-117 (Lester) Staff: Eric Barron d. Approving a Preliminary PUD Plan for Property Located at 901 Schotthill Woods Ct. i. Pending Bill 2022-118 (Lester) Staff: Eric Barron 7. APPOINTMENTS BY THE MAYOR a. Recommended Appointments to the Following Boards and Commissions Board or Commission Recommended Appointment New Term Expires Term Full/Partial Environmental Quality Commission Chelsey Hillyer Nov 2025 Partial Library Board of Directors Jeff Briggs* April 2026 Full Ithaca Bryant* April 2026 Full *requires 2/3 majority vote 8. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS 9. 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 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: April 3 b. Authorizing Sole Source Contract with Rush Truck Center for City Vehicle and Equipment Parts c. Awarding Bid for Wastewater’s Influent/Effluent Sampling 2023 to Teklab, Inc. d. Authorizing a $60,160.81 Omni Partners Contract with Allsteel, Inc. for the Purchase and Installation of Replacement Office Furniture in the Police Dept. e. Awarding Bid for H3 Studio for Historic Preservation Design Guidelines in the Amount of $50,000 f. Authorizing Year 3 Bid Renewal with Turn Key Mobile for Upfitting Police Vehicles City Council Agenda – April 17, 2023 FIRST MEETING – CURRENT COUNCIL ✓ = Request to suspend rules 3 12. BILLS INTRODUCED a. 2022-121 A Supplemental Appropriation from Unbudgeted Sales Tax G Funds to Street Resurfacing (Fitzwater and Spencer) Staff: Matt Morasch b. 2022-122 Authorizing a $419,992 Agreement with Huntington Technology Finance, Inc. to Lease Body Worn Cameras and Body Worn Camera Equipment (Schreiber) Staff: Eric Wilde c. 2022-123 Approving the IAFF Local 671 Labor Agreement and Amending Certain Provisions of the Personnel Policy Manual (Schreiber) Staff: d. 2022-124 Adjustments to Fire Dept. Command Staff Compensation Aligning to the Collective Bargaining Agreement with IAFF Local 671 (Schreiber) Staff: Steve Crowell / Matt Schofield 13. BILLS PENDING a. 2022-116 Taken Up Under 5(b.) b. 2022-117 Taken Up Under 5(c.) c. 2022-118 Taken Up Under 5(d.) 14. INFORMAL CALENDAR 15. RESOLUTIONS a. RS2022-51 Taken Up Under 5(a.) 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 APRIL 3, 2023 CLOSED SESSION MINUTES 20. UNFINISHED BUSINESS 21. ADJOURN SINE DIE ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Officiated by the Honorable Jon E. Beetem, Presiding Judge, 19th Judicial Circuit MAYOR Ron Fitzwater MUNICIPAL JUDGE Scott Evans (not in attendance) City Council Agenda – April 17, 2023 FIRST MEETING – CURRENT COUNCIL ✓ = Request to suspend rules 4 CITY PROSECUTOR Gaylin Carver (not in attendance) CITY COUNCIL MEMBERS WARD 1 – Jeff Ahlers WARD 2 – Aaron Mealy WARD 3 – Scott Spencer WARD 4 – Derrick Spicer WARD 5 – Mark Schwartz 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, APRIL 17, 2023 5:45 P.M. AGENDA 1. Discussion of April 17, 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. ?roc&zmation WHEREAS, Sister Jean Dietrich has served Helias Catholic High School in administrative roles including principal, assistant principal and registrar since joining the Jefferson City community in 1983; and WHEREAS, she has demonstrated by her life the mission of the School Sisters of Notre Dame, with whom she proclaimed final vows in 1971, to make Jesus Christ visible by sharing love, faith, and hope through efforts toward unity, community life, ministry directed toward education, and a common search for and doing of God's will; and WHEREAS, she has represented the School Sisters of Notre Dame, on whose tra- ditions, with the De La Salle Christian Brothers, Helias Catholic High School was founded in 1956; and WHEREAS, she has positively influenced the lives of countless students and con- tributed significantly to Helias Catholic's service of providing a Christ -centered education that helps young people to grow in mind, body, and spirit in the Jefferson City and Central Missouri community; and WHEREAS, she received the papal Pro Ecclesia et Pontifice (Cross of Honor) in recognition of distinguished service to the Catholic Church in 2021; and WHEREAS, she will retire from her 50 -year career in education, joyfully conclud- ing nearly 40 years at Helias Catholic, in May 2023. NOW, THEREFORE, I, Carrie Tergin, Mayor of the City of Jefferson, do hereby proclaim our sincere appreciation for the many years of service and proclaim this 17th day of April, 2023 as Sisterlean Dietrich Day in the City of Jefferson. cco.A.cei7 Attest: C/ � Mayor ity Clerk PUBLIC HEARING/RESOLUTION SUMMARY RESOLUTION NO: RS2022-51 SPONSOR: Councilmember Lester SUBJECT: Special Exception Use Permit to Operate a Commercial Vehicle Service Truck Stop/Travel Plaza on Property Addressed as the 200 Block of Militia Drive and Located within the M-1 Light Industrial Zoning District (Planning and Zoning Commission Case No. P23006) DATE INTRODUCED: April 3, 2023 PUBLIC HEARING: April17, 2023 DEPARTMENT DIRECTOR: ~~o..JL____ CITY ADMINISTRATOR: ~~'4 Staff Recommendation: Approve . Summary: Standard resolution approving a Special Exception Use Permit. Origin of Request: Property Owner through the Planning and Zoning Commission Department Responsible: Department of Planning and Protective Services PERSON RESPONSIBLE: DAVID GRELLNER/Eric Barron Background Information : The subject property is zoned M-1 Light Industrial. Commercial Vehicle Service Truck Stops/Travel Plaza operations are a special exception use in the M-1 zoning district; thus requiring obtainment of a Special Exception Use Permit. The proposed land use would include passenger vehicle fuel dispensers, large truck fuel dispensers , CAT Scale, convenience store and food service establishments , and part of the building dedicated to trucker facilities such as washers , dryers, lounge, and restrooms. Street widening improvements to Algoa Road from Militia Drive to the driveway entrance are included within the Special Exception Permit application. Please see attached staff reports for more information . Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for a special exception use permit at their meeting of March 9 , 2023 . The motion to approve PASSED on a vote of 8 in favor and 0 against. Public Notice Standard public notice procedures were followed in advance of the Planning and Zoning Commission and City Council meetings. This includes : (1) publication of the public notice or agenda in the Jefferson City News Tribune 15 days in advance of the hearing on the case ; (2) notification by letter to adjoining and affected property owners within 185 feet, and other interested parties; and (3) posting of a sign on the property announcing the date and time of the hearing on the case 10 to 15 days in advance of the hearing. Public Comment Received No correspondence was received from the public . Fiscal Information: $650 .00 in application fees were received . Planning & Zoning Commission Recommendation: Approve . RESOLUTION RS 2025-51 Sponsor: Councilmember Lester A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI APPROVING A SPECIAL EXCEPTION USE PERMIT TO OPERATE A COMMERCIAL VEHICLE SERVICE TRUCK STOP/TRAVEL PLAZA FOR PROPERTY LOCATED IN THE 200 BLOCK OF MILITIA DRIVE WHEREAS, Premium Top Soil LLC, owners of the real estate hereinafter described, submitted an application for a Special Exception Use Permit to operate a Commercial Vehicle Service Truck Stop/Travel Plaza in the M-1 Light Industrial Zoning District for property described as follows: Part of the Southwest Fractional Quarter of Section 19, Township 44 North, Range 10 West, Cole County, Missouri, more particularly described as follows: From a stone marking the southwesterly corner of U.S. Private Survey No. 2616 in Township 44 North, Range 10 West and said corner being the southwesterly corner of a survey of record in Survey Record Book A, page 690, Cole County Recorder's Office; thence N8°16'28"W, along the westerly boundary of said survey in Survey Record Book A, page 690, 487.43 feet to the northwesterly corner thereof and said corner being a point on the southern boundary of a survey of record in Survey Record Book A, page 203 and subsequent deed of record in Book 405, page 334, Cole County Recorder's Office; thence along the southern boundary of said survey in Survey Record Book A, page 203 and deed of record in Book 405, page 334, the following courses: S70°46'25"W, 147.19 feet; thence N80°56'23"W, 190.75 feet; thence N31°48'04"W, 352.78 feet to the southeasterly corner of a survey of record in Survey Record Book A, page 703. Cole County Recorder's Office; thence leaving the boundary of the aforesaid survey in Survey Record Book A, page 203 and deed in Book 405, page 334, S80°56'56"W, along the southern boundary of said survey in Survey Record Book A, page 703, 387.38 feet to the southwesterly corner thereof and the POINT OF BEGINNING for this description; thence S79°11'14"W, on a direct line, 928.69 feet to a point on the easterly line of the Militia Drive right-of-way; thence Northerly, along said Militia Drive right-of-way line, the following courses: Nl0°05'13"W 80.37 feet; thence N0°43'52"W 330.77 feet; thence Northerly, on a curve to the right, having a radius of 22900.22 feet, an arc distance of 22.57 feet, (the chord of said curve being N2°33'08"E, 22.57 feet); thence N4°25'33"E, 305.60 feet; thence N2°34'50"E, 121.06 feet; thence N51°46'04"E, 89.82 feet to a point on the southerly line of a 60 foot wide Cole County public road right-of-way known as Algoa Road; thence leaving the aforesaid Mil itia Drive right-of-way line , along the southerly line of said Algoa Road right-of-way, the following courses : S52 °21'45"E, 187 .04 feet ; thence Easterly , on a curve to the left, having a radius of 358.47 feet , an arc distance of 249 .81 feet , (the chord of said curve being S72 °19'35"E, 244 .79 feet); thence N8r42'35"E , 130.18 feet to the northwesterly corner of a survey of record in Survey Record Book A , page 703 , Cole County Recorder's Office ; thence leaving the southerly line of the aforesaid Algoa Road right-of-way , along the boundary of said survey in Survey Reco rd Book A , page 703 , the following courses: S0 °20'26"E, 55 .84 feet ; thence S16 °31'02"E , 48.41 feet ; thence S30 °27'52"E , 37.47 feet; thence S45 °37'12"E, 29 .80 feet; thence S4 °37'55"W, 56.18 feet ; thence S5 °31'24"E , 63.37 feet ; thence S14 °26 '32"E , 62 .95 feet; thence S80 °36'25"E , 180.00 feet; thence S19 °53'58"E , 203.43 feet to the POINT OF BEGINNING. Containing 12.48 acres , more or less . WHEREAS , it appears that the procedures set forth in the zoning code have been complied with, as said property owner submitted to the Planning and Zoning Commission and City Council an application for a Spe c ial Exception Use Permit for the above referenced property . NOW THEREFORE, BE IT RESOLVED by the Council of the City of Jefferson , Missouri , as follows : SECTION 1-The Special Exception Use Permit appl ication for a Commercial Vehicle Service Truck Stop/Travel Plaza , on file as Case No. P23006 in the Jefferson City Planning and Zoning Division , is hereby approved for the site described above . Adopted th is171h day of April, 2023 Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City~ Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION March 9, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Emily Fretwell Treaka Young Jacob Robinett Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COMMISSION MEMBERS ABSENT Gregory Butler Hank Vogt Sara Michael, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. ATTENDANCE RECORD 8 of8 8 of8 7 of 8 7 of8 6 of8 7 of 8 7 of8 1 of 3 2 of3 4 of 8 7 of 8 1 of 2 David Grellner, Interim Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Guests: Paul Samson with Central Missouri Professional Services, Don Davis, John States, Jay Burchfield, Jocelyn King, Patsy Johnson, James Robinett, Jr, Gary Plummer, Ryan Schrimpf, Dorothy Jones, and Andy Fechtel. Case No. P23006-200 Block Militia Drive, Special Exception Use Permit. Request filed by Premium Top Soil LLC, property owner, on behalf of SilverTree Co., applicant, for a Special Exception Use Permit to operate a commercial vehicle service truck stop/travel plaza within the M-1 Light Industrial zoning district. The property is located at the southeast corner of the intersection of Militia Drive and Algoa Road and is described as Part of Southwest Fractional Quarter of Section 19, Township 44 North, Range 10 West, in the City of Jefferson, Cole County, Missouri. Ms. Bliss stated the applicant is requesting a special exception use permit to operate a truck stop/travel plaza. The property is approximately 12.5 acres in size and is zoned M- 1 Light Industrial. There will be two driveways connected off Militia Drive, one driveway off Algoa Road with wayfinding signage in various locations. Mr. Burchfield with SilverTree Companies presented the case. MFA Oii/Breaktime will be the tenant with food services available. Mr. Burchfield stated they plan to improve Algoa Road and widen the approach at Militia Drive to allow for the stacking and turn radius that are needed so larger truck traffic can come in the southern entrance and exit onto Algoa Road. Passenger car traffic will be directed to use the two entrances at the front of the store. Ms. Bliss stated staff analysis and findings are included in the packet. The site plans show over 50 parking spaces for passenger vehicles and 35 parking spaces for larger trucks, fire hydrants exist adjacent to Militia Drive. Staff recommends approval of the special exception use permit. Final construction drawings will be reviewed with respect to City Code development standards. Mr. Wade stated public infrastructure does exist in the vicinity, Rising Creek bounds the property on the east side. A sanitary sewer main exists on the east side of Militia Drive, which is an existing arterial roadway serving the east end industrial area. Improvements include two paved entrances from Militia Drive and a paved entrance from Algoa Road. The peak hour analysis for traffic is anticipated to exceed 1 00 peak hour trips, but the applicant has proposed to improve the inadequate portion of the roadway frontage at Algoa/Militia Drive. Militia Drive is a four-lane section currently and has eight feet wide shoulders that will allow for right and left turns into the site. Floodplain exists along Rising Creek, which will have to be considered during site development. Stream setback is shown on the plan for Rising Creek, the contributory area is greater than 50 acres, stormwater quality is also proposed for the project. Sidewalks would not be required and currently no street lights exist on Militia Drive. The engineering division would recommend approval of the special exception permit. Ms. Cotton moved and Ms. Quigg seconded a motion to recommend approval of the requested Special Exception Use Permit for a truck stop/travel plaza within the M-1 Light Industrial zoning district. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None Jefferson City Planning & Zoning Commission March 09, 2023 Case No. P23006 200 Block of Militia Drive SilverTree Co. Special Exception Use Permit City of Jefferson Planning & Zoning Commission LOCATION MAP i RU RU •' Case No. P23006 200 Block of Militia Drive Special Exception Use Permit for a truc k stop 0 105 2 10 4 20 Feet -=-=-- City of Jefferson Planning and Zoning Commission VICINITY Case No. P23006 200 Block of Militia Drive Special Exception Use Permit for a truck stop PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 09, 2023 Case No. P23006 -200 Block Militia Drive, Special Exception Use Permit. Request filed by Premium Top Soil LLC, property owner, on behalf of SilverTree Co., applicant, for a Special Exception Use Permit to operate a commercial vehicle service truck stop/travel plaza within the M-1 Light Industrial zoning district. The property is located at the southeast comer of the intersection of Militia Drive and Algoa Road and is described as Part of Southwest Fractional Quarter of Section 19, Township 44 North, Range I 0 West, in the City of Jefferson, Cole County, Missouri. Nature of Request This request was filed for a Special Exception Use Permit to permit operation of a truck stop I travel plaza within the M-1 Light Industrial zoning district. The site of the project is located in an area known as the "Algoa Industrial Park" and consists of 12.48 acres. Per Section 35-28 of the Zoning Code, the requested use is a special exception and thus requires a Special Exception Use Permit. Review Process for Special Exception Permits In accordance with Section 35-70 and Section 35-73, Special Exception Use Permits go through a public hearing process before both the City of Jefferson Planning and Zoning Commission and City Council with the Planning and Zoning Commission being the recommending body and the City Council being the decision making body. Zoning and Surrounding Land Use Current Zoning: M-1 Light Industrial Proposed Use: Truck Stop I Travel Plaza Surrounding Zoning Surrounding Uses North M-1 Publishing/Printing Facility South M-2 Industrial, Electric Company East M-1 Wholesale and Distribution. West RU A_gricultural Staff Analysis Listed below is information pertaining to the requested special exception use. Site Design: The application materials give general information about where and what will be situated on the property as a part of the truck stop I travel plaza including fuel dispensers, parking stalls, a convenience store, water quality basin, driveway connections, and signage details. Building Design: A 6,500 square foot building with food service entities, convenience retail, restrooms, and truckers' area which includes lounge space, washers, dryers, and showers. Fuel Dispensers and CAT Scale: Proposed to be on site are 14 passenger vehicle refueling stations and 6 high flow truck dispensers as well as a CAT Scale. Parking: Per the Zoning Code, gasoline stations are required to have 1.5 spaces per nozzle plus an additional space per 200 square feet of the store. The site plan details over SO standard parking spaces and over 35 larger spaces for truck and trailer customers, in conformance with zoning code requirements. Stream Setback and Riparian Corridor: A stream buffer is shown on the east and south side of the property, closely following the path of Rising Creek. Driveway: The site plan shows 2 driveways connecting to Militia Drive and I driveway connecting Algoa Road. Traffic: Please see engineering staff report for more information. Storm Water: Two stonnwater basins are show on the site plan. Utilities: Utility service appears to be sufficient in the area. Final construction drawings will be reviewed in accordance with City Code standards. Lighting: The narrative details that lighting will be in conformance with City Code requirements. An example photometric plan from another location was submitted with other application materials and is included in the case packet. Landscaping: The narrative states that landscaping will be in conformance with the City Code. Parking lot landscaping will reviewed in the final construction drawings. Signage: The narrative states that signage will meet City Code requirements. Signage for the company is proposed to be situated upon a freestanding multi-tenant sign situated near the ramp leading to Militia Drive. Other signage is noted for the canopies and building. Additionally, a monument sign is also shown near the southern most driveway connection. Freestanding signage for wayfinding is shown in two places on the site plan. Fire Hydrant: A fire hydrant exists adjacent to Militia Drive. Final construction drawings will be reviewed for determination of compliance with the City Code standards involving fire safety. Required Findings In accordance with Section35-73. 0.4, listed in the chart below are the 7 required findings for review of the requested Special Exception Use Permit. Section 35-73 states that the focus of Special Exception Use Permits is for, "... uses which generally are compatible with the permitted land uses in a given zoning district, but which require individual review of their location, design and configuration, and require the imposition of conditions to ensure the appropriateness of the use at a particular location". The 7 review criteria include a variety of considerations such as impact on surrounding property as well as consistency with documents like the zoning ordinance and comprehensive plan. Review Criteria Yes No Notes Is consistent with the purpose and intent of the X The proposal would, by location to other zoning ordinance compatible and complimentary uses and lying within a reasonable zoning district, follow the purpose and intent of the zoning ordinance. Is consistent with the comprehensive plan X The comprehensive plan calls out this area as intended for industrial use. The proposed truck stop I travel plaza use would support industrial uses in the area. Shall not substantially and permanently injure X The use seems that it would be the appropriate use of neighboring property complimentary to surrounding industrial properties and intended industrial use of the area. Shall serve public convenience and welfare X The proposed use has the potential serve not only passenger vehicles but also truckers, including those transporting goods and materials to and from the industrial park. Shall not over burden the municipal services X Normal municipal services and utilities I are available in the area. Shall not cause traffic, parking, population X Militia Drive is a four lane roadway, density or environmental problems which should be sufficient to accommodate expected traffic. Shall not adversely affect the health, safety X The use is located in an area with and welfare of the community industrial uses and the proposal aligns with Zoning Code standards. Staff Recommendation Staff Recommends approval of the proposed Special Exception Use Permit. Final construction drawings will be reviewed with respect to normal City Code development standards. Form of Motion Motion to recommend approval of the requested Special Exception Use Permit for a truck stop I travel plaza within the M-1 Light Industrial zoning district. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, March 9, 2023, 5:15pm Item 6. -New Business/ Public Hearings- Case No. P23006-Special Exception Use Plan/ Permit for Commercial Vehicle Service Truck Stop/ Travel Plaza, 200 Block of Militia Drive (M-1 Zoning) ENGINEERING STAFF RECOMMENDATION- Recommend approval, subject to comments being addressed on the final site development site plan. Special Exceoti011 Pla11- Existing Infrastructure Summary • Public infrastructure exists in the vicinity. • Storm water facilities exist in the vicinity, Rising Creek bounds the property along the eastern side. • Sanitary sewer facilities exist in the vicinity. • Militia Drive is an existing, arterial roadway serving the east end Industrial area of Jefferson City. Improvements Summary Roadway Access • Existing drive entrances serve the property when Militia Drive was constructed. These drives will be replaced with two (2) paved drive entrances for the property, serving both the passenger vehicle and truck vehicle areas of the site. These drives will provide adequate access in and out of the site, providing good internal circulation to serve the property and providing more than one (1) way to/from the development. Spacing along the roadway for the drives is adequate (sight distance dimensions to the north and to the south for the new driveways will need to be quantified/ verified on the final plan/ design). • Trip generation analysis and information provided from the consultant indicates that the project will exceed I 00 peak hour trips required in order to require a formal traffic impact study. However, in lieu of a formal traffic impact analysis, the applicant.has proposed to widen the only inadequate portion of the roadway frontage, being the intersection of Algoa Road with Militia Drive. This will allow additional room for a separate left tum lane at the intersection, for vehicles on Algoa Road; between the new drive entrance proposed on Algoa Road and the Militia Drive intersection. This new driveway on Algoa Road will serve as access to the truck service area onsite. Widening of Algoa Road should occur past the new driveway to the site, with the taper occurring past the drive location back to the existing width of Algoa Road. Militia Drive is a four (4) lane section roadway, adequate to provide for both the existing and anticipated volume{s) of traffic for the vicinity. Additionally, approximately eight (8) feet wide shoulders are in place along either side of the roadway. Since Militia Drive is multilane, left turns into and right turns into the site can occur without impeding thru traffic on the roadway. Due to the width of the roadway, striping modifications to Militia Drive driving lanes could occur in the future, without additional pavement being necessary. If additional turning lanes need to be separated/ protected from the thru traffic, this could occur in conjunction with future pavement improvements. Storm Water I Erosion Control • Floodplain exists on the property along Rising Creek. This needs to be identified on the final site plan. • The consultant should verify that the stream setback shown on the drawing is for 60'-a 25' riparian corridor and an additional35' for structure setback from Rising Creek. • Storm water detention/ storm water quality treatment is also proposed for the property, located where existing sediment control ponds were located for the topsoil harvesting that occurred onsite prior to this development. • An erosion and sediment control plan will be needed as a part of final plan submittal. Sanitary Sewer • This development is served by a sanitary sewer main that follows Militia Drive across the frontage of the property. Sidewalk • ~idewalk is not proposed or required for the project. Fire Hydrants I Street Lights/ Utilities • Fire hydrants exist along Militia Drive frontage for the project and are in accordance with City standards. • Street lights do not exist along Militia Drive in this vicinity. • The site will need to be served by all necessary utilities. Review Status of Documents- • The Special Exception site plan has been reviewed and is generally in good order. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573·634·6410 JCP/anning(ci!jeffcrsoncitvmo.gov www.jeffersoncltymo.gov APPLICATION FOR SPECIAL EXCEPTION USE The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri for the following Special Exception: Special Exception Use Application Fee: Residential = $500 Commercial = $650 Proposed Land Use: 3.J .6 -Commercial Vehicle Service Truck Stopffravel Plaza (include Reference Number from Land Use Matrix; site plan must be attached) Property Location/Address: _2_0_0_B_I_o_ck_o_f _M_il_it_ia_D_riv_e _________________ _ Legal Description: (as follows or is attached) Tract A-1 on Survey of Record Book A, Page 884, Cole M-1 Current Zoning District: Does project involve a change in zoning district? ~No 0Yes, proposed zoning--------- tf yes, a separate rezoning application is required The undersigned hereby state they are the owners of the real estate described above or in th e attached exhibit who petition for special exception use: ALL OWNERS OF REAL PROPERTY INCLUDED IN THIS APPLICATION MUST SIGN THE APPLICATION, AND ALL SIGNATURES MUST BE NOTARIZED . IF ADDITIONAL SIGNATURES ARE NEEDED, PLEASE A'TT~.:~SEP~TE S~. Premium Top Soil, L.L.C . ~'-'~ \,.~h--.__1\ Property Owner #1 Name (type or print) ~~pe~y Owner ~Uature ».------6~-------_../ Property Owner #2 Name (type or print) Property Owner Signature Subscribed and sworn before me this _6_<_b ___ day of February in the year 2023 J1f~ /f@C._____ tJ Notary Public -+I· j IP o 55 1 (>-3 ); ):.,e g-; 5 -J.. Lf AddressofPropertyOwner#1 : 4421 Lake Rd .• Jefferson City, MO 65101 Address of Property Owner #2 Phone Number(s): 573.619.7895 (Bruemmer) 573 .690 .3555 (Berhorst) Applicant Information (if different from property owner) Name: SilverTree Co . -Jay Burchfield Address: 302 Campusview Dr., Ste. 106, C~ Phone Number(s): 573.268.1527 uu.Jv.ll Br4 , wro Gs z.o 1 -------------- For City Use Only: (Revised July 1, 2018} Application Filing Fee: Residential = $300 + $200 advertising fee Commercial = $450 + $200 advertising fee Payment Received : Qcash (Receipt # Ocheck (Copy; check# _____ -' ~achments :Qsite plan Q Q..subdivision Plat QProject Description Narrative QLocation Map U Applicant Information Sheet Other documentation Individuals should contact the ADA Coordinator at (573) 634·6570 to request accommodations or a/lema live formats a s required un der /he America ns with Disabilities Act. Please allow three business days to process /he request. Page 1 of 4 Special Exception Use Narrative MFA BreakTime Convenience Store/Travel Center Militia Drive, Jefferson Oty, MO Located in the 200 block of Militia Drive, the new MFA BreakTime convenience store and travel plaza will consist of a 6,500 square foot store with both passenger car and truck service areas. The state-of- the-art convenience store will feature MFA's signature Smokestack BBQ food service, Ice Cream Factory and Cooper's Chicken in addition to the regular quick grab and go prepared items. Seven (7) dispensers will serve the front passenger car area while Six (6) high flow dispensers will serve the rear truck area. The rear truck lot will also feature a CAT Scale. The trucker's area inside the building will feature showers, washer/dryer, TV lounge and private restrooms. A conceptual site plan and floor plan are included for reference. The prototype store will be very similar to stores recently completed in Bolivar, Sedalia and Warrensburg. Photos of the new Bolivar, MO store are included for reference. Additional design details are as follows: Landscaping -landscaping will be designed to meet code. lighting -lighting will be designed to meet code. A photometric of the Bolivar, MO store is included for reference. Signage-Signage will be consistent with prototypical BreakTime branded stores. Onsite signage will include branding on the fuel canopies, monument sign and building faces. A signage proof sheet is included to depict the onsite signage needs. Total permitted signage will be approximately 375 square feet. Wayfinding directional signage will also be installed to safely direct and separate the passenger car traffic from the truck/trailer traffic. A hi-rise pole sign will not be constructed onsite. We are working with the Chamber of Commerce on a related PUD application for a multi-tenant hi-rise sign at the Militia Drive highway exit. Traffic-The store will primarily capture current traffic already on Militia Drive as it is providing services convenient to the local area. The existing 4-lane Militia has the capacity to handle the traffic flow. Passenger car and Truck/Trailer vehicles will be separated as much as possible. To this end, we are proposing to access Algoa Road on the northern property line for the primary Truck/Trailer ingress- egress. We will upgrade approximately 310' of Algoa Rd. from Militia east to the Truck access drive. Please refer to the note on the site plan. Storm Water-The site will be designed to meet the current City requirements. The internal storm sewer piping and inlets for this project will be designed to handle the 25-year storm. In addition, dry detention basins are being proposed to the handle detention and water quality requirements. The maximum release rate from the development shall be controlled by limiting the post-development storm water release rates to the predevelopment rates for the 2, 10, and 100 year storms (the SO%, 10% and 1%, respectively). frlf! I B~ · MILITIA DRIVE TRACT ZONING EXHIBIT OPTION2 SCALE: r • w PREPARED BY: ©~~©~~ ENG IN EER ING CONSULTA NT S IOOOW.NM.., lhd.lldf,l Ctl~e. Mlutwl 6SIOS (Ill) UI•OIII www .crod::tlleagl•cetlftJ.COift Crechtt heluuht Cunllull, llC •1unr1 Cullllctlt tf AelhfiiJ •tOOOIJIIOI J Jefferson City Special Exception Use Application Addendum A-Review Criteria To be used to support special exception use requests. (Section 35-73.0.4) P rtyAdd 200 Block of Militia Drive rope ~ss __________________________________________ __ A II t N Silver Tree Co. -Jay Burchfield pp can ame --------------------------------------- Provide respons~s to the following requi~d findings. State all ~asons for your answer and use additional pages· to complete your answer if necessary. A. How is the proposed use consistent with purpose and intent of the zoning ordinance? The current M-1 zoning allows a convenience store. The travel plaza component requires the Special Exception within the M-1 district. B. How is the proposed use consistent with the comprehensive plan? The C-store/Travel Center will serve the existing commerical and industrial businesses in the immediate area. The use will compliment the existing character of the area. C. How does the proposed use not substantially and permanenUy injure the appropriate use of neighboring property? The property is on the main entrance road servicing the City's major business-industrial park. The use will provide services currently not present in the area and will compliment the current character of the area. D. How does the proposed use serve the public convenience and welfare? The convenience store/travel center will provide services currently not available in the area. E. How does the proposed use not over burden the municipal services? All municipal services are currently available to the site in quatinties sufficient for the intended use. F. How does the proposed use not cause traffic, parking. population density or environmental problems? The convenienc store/travel center will capture traffic and customers already in the local area and provide services not currently available. The existing 4-lane Militia Drive has adequate capacity. Improvements will be made to a portion of Algoa Rd. to facilitate safe logistical movement to and from the site. G. How does the proposed use not adversely affect the health, safety and welfare of the community? The convenience store/travel center will not generate any excessive noise or emissions. The use serves the current character of the area. .: I ~-! r I J I lL .. _1: j__j --:• =0 H H -'=" ' ....... /' ./;~·.·~ /·--· ./~:·.; .. , /-. /~ /~ ....... . /~ .. ····• /' /:~ ..... ./ :; L_!iOJ II II II II II II II II II II II II : ·, --1 ,·r•:/ :::J)-n- SIMON ASSOCIATES INC. ja 18111 ~~ I II I I I II II ARCHITECTURE llllLU.JJlD ,,I 1111 I Ill,.._~~~~~~ "-USIINIII ' I b 3 Jefferson City, Mo ....,..., Logo Ci>n blue side to only be orn ri~ht side of canopy. !3oth car~ep>y logos to be centered p>§1 Canopy channel letters SetA Break Time Set B _ • .,.._. •• ,,,._,_ ... ~ ..... .:_ .. -..:.·,~~-.-..-..-.~-."1111...,.,_~-M-'..1.-:-._,.._.~~· .... ----... .-~~-~·.--.. •·A-a.·.~-.......... ......,.,.._ ___ ~•C"'!.·.-!". tr:-::-:-·=-~-~:-_:_.::.~.~:·._,~::.:---:. :~~.:~·::-:·_·:·.~:.::..::.:·::--:::.:~. ~::·_ ... ·~ ·. ___ ... . . ·-: . . _':. .. :1 II Ill r:Jm~~ II ------------------------------------------. ~t:n..taL.~~~ LED Illuminated channel letters mounted directly to canopy . 1qty 2 qty Set A to have digitally printed logo with red trim and red returns. BreakTime letters to be blue with blue trim and blue returns. Set 8 to have digitally printed logo with red trim and red returns . BreakTime letters to be white with white trim and blue returns. • Pantone 7462 -Pantone 199 Sr~,~~lime ~ @u~~~UomJD® ~~~======== This Origi nal Art work is the properly or Ce ntral Sign & Li gh ting, LL C and is not to be viewed by or used in any way by anyone without our writt en p ermi ssi on. ll's sole purpo se is to visually co nv ey our proposed de sign ideas to our cus tomer a t their request or by our in itia ti ve. Break Time 6&Jam Jefferson City, Mo IIJBI 3 Green cut vinyl diesel lettering. DEF price panel for diesel canopy One set of vinyl on each long face, one west end facing hwy pg2 30" QTY2 92" ............. ............ ............ . .. . ............ ............ ............ . .. . ............ ............ . .......... . ~· H a..u 11•1111 DEF ...... ...... .. .. .. ...... ...... . .... . ...... ...... . .... . 21" ... ... ... ... . .. ............ ............ . .......... . ............ ... ............ . .......... . . ... .. 70" .,========== T hi s Original Artwork is the property of Cen tral S ign & Lighti ng, LLC and i s not to be viewed by or used in any way by anyone w ithout our writt en pe rmis sio n. ll's sole purp ose i s to vis ually convey o ur propos ed design ideas to ou r customer at th eir req uest or by our in i ti ative . llllJifllll'lll Break Time .&-·=-Jefferson City, Mo ~ 3 !-------------------...... ~ .. ~ ..... Monument sign with pricers pg4 144" 72" 12"Trim 27"VO _l 11.5" Divider 19" vo ___l I 1.5" Divide r 19" vo ___l 12"Trim 24" _l This Origina l Artwo rk is the property of Central Sign & Ligh ti ng, LLC and is not to be viewed by or used in a ny way b y anyo ne wi thout our writte n perm issio n. It's sole purpose is to vi su all y co nvey ou r pro posed design ideas to our custo mer at th eir re ques t or by ou r initi at ive . ~ 3 ........ ~.-....... ~ED Illuminated ch annel letters fo r buil d ing fron t JD95 62.3" -t--r8re~~Time1 <-; ' \ ;.) .~· ' .\: ..•. ':'~"':· <::: . J I ·J.-1 . , ~ . ,_,~~ BreakTrme r~· --:l-~ :... '1, 1 .. -... . .•. I . I I ~~f:-:~oc.:-o.r ... ' .· '-· ._ ....... ~----""~---·., ____ ..:.:.:::::..--::--,. ___ _ "-... ---~""···--~ . .,.,,]r~-> -:.::,~1 ,':Jf .. __ /~-g;fl_.m.cli>-----_ -···-BreakTime L l(;..l_~r:_··l~-:=·~--~-. =:!r:~-=-~~_j. -~ ··...:_ -io;.;.:. I I --·' =_ li . • ~-: I I I L I . :---·-' . . l ,__I ,·-~~· ~-.,.,\ --'! --·-' _1_ J . •, I I : I ,.,·-~! :--, T hi s Original A rtwork is the properl y of Ce ntral Sign & Lighting, LLC and i s nol to be viewed by or u sed in any way by anyone without our w rillen permission. ll's so l e purpose is lo vis ually convey our proposed d esign ideas 10 our cu slomer at the ir request or by our ini ti ative. Break Time ~ Jefferson City, Mo RJIITNiiiiW 3 • Single faced, directional pole sign . LED Illuminated. pg'P Adjust arr ows and add Trailer/RV 5' 4' 8' 4 This Origina l A rtwork i s the property of Cen tm l S ign & Lighting, LLC and i s not to be viewed by or use d in any way by anyone w ithout our written permission. It 's sole purpose is to visually convey our proposed design ideas to our customer at their request or by our ini tiat ive. -r---------------96" I I I ......... BJeakliime I Jefferson City, Mo I 1 ~ slfl '?B w ~~ ~"'~~~ ~~~~~ 34.45'' i -1-. ;.._.y tl lw ~~~ 1 ~ ~ ru ~ r:t t~t=!;? r;n .-.-''' I 3, ........ ~~~ Smokestack LED Illuminated efuanmelletters lirirm auud retu rr ms to IDe Recl mg.~ 'i . . •' ·, I :..:_~f /C ·---. ··~-~--~ --·--··· ··---·--·-------.·---·--·-· --------------------- Th is Ori ginal Artwork is th e property of Central Sig n & Lig hting , L LC and is no t to be vi ewed by or us ed in any way b y anyone without o ur written perm ission. It's sole purpose is l o visu ally convey our proposed design ideas to our customer at their req uest or by ou r initiative. •"' ... .,.; .. . ... ~ .. ·~ ";/. ·: :~ :~ •"' o"> •" •" .... ~ . ~ ... . ·"--·"' .... .. . ; .. -~ ::. .--~ •.. . .:. ... _.; .,:. . .: •" ...... .-.. ' . ·' ·" : :~ :~ :: ~ ......... •"' ... .~ •" .,; ... •' ·• .a .. ... •" . .; . •' . _., •" .> •' •" .... . ~ •' ... .,.; .~ ... •• •" .l . .; ...... .... ~ "': .,.; .. .. ;~ . .; "' ,; .... ..... .-. .:. ·'" ... .. •" .. .. . .. ..: ... .. .. .,.,; .. . .. •" ·' ·'" ... City of Jefferson Carrie Tergin, Mayor Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 March 3, 2023 Dear Property Owner: Phone: 513·634·6410 Fax: 573·634·6457 Th is letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, March 09, 2023 in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street to consider the following matters (see map on back): Case No. P23006-200 Block Militia Drive, Special Exception Use Permit. Request filed by Premium Top Soil LLC, property owner, on behalf of SilverTree Co., applicant, for a Special Exception Use Permit to operate a commercial vehicle service truck stop/travel plaza within the M-1 Light Industrial zoning district. The property is located at the southeast corner of the intersection of Militia Drive and Algoa Road and is described as Part of Southwest Fractional Quarter of Section 19, Township 44 North, Range 10 West, 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 unab le to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways: e-mail: JCPianning@jeffersoncitymo.gov fax: Dept. of Planning and Protective Services I Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services I Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. on the day of the meeting will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members. For your information, this case is tentatively scheduled for a public hearing in front of the City Council on April 17, 2023. The City Council meets at 6:00 p.m. in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: https://www .j effe rso ncitymo.gov/governmenUplan ning/planni ng and zoni ng com m ission.ph p Please contact the Planning and Zoning Division via phone at 573.634 .6573 with pertinent questions. Best Regards, u~~ Kortney Bliss Planner 1 Individuals should contact the ADA Coordinator at {573) 634-6570 to request accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three business days to process the request. Please call {573) 634-6410 with questions regarding agenda items. Case No. P23006 0 200 4 00 800 1,200 1,600 Feet 200 Block of Militia Drive Special Exception Use Permit for a Truck Stop 185 ft. Notification Buffer ------ MILITARY CIR --y; - I~ l I 1 n Jefferson City Planning and Zoning Commission Property Owner list case No. P23006 200 Block OF Militia Drive 02/23/23 BRENNER, DARRELL & KELLY %DARRELL BRENNER PO BOX 105912 JEFFERSON CITY, MO 65110 6919 BRENNER LN MO 65101 COLE COUNTY 311 E HIGHST JEFFERSON CITY, MO 65101 MILITIA DR MO 65101 COMMAND WEB OFFSET COMPANY INC %WESCONLEY PO BOX2399 SECAUCUS, NJ 07096-2399 7100 ONE COLOR WAY MO 65101 DAVIS, DON MICHAEL 2720 MILITIA DR JEFFERSON CITY, MO 65101 7010 ALGOA RD MO 65101 JC CHAMBER 21ST CENTURY INVESTMENT LLC 213ADAMSST JEFFERSON CITY, MO 65101 PARTNERSHIP PKWY MO 65101 PREMIUM TOP SOIL L L C 4421LAKE RD JEFFERSON CITY, MO 65101 ALGOA RD JEFFERSON CITY I MO 65101 THREE RIVERS ELECTRIC COOPERATIVE 1324 E MAIN ST LINN, MO 65051 7050 PARTNERSHIP PKWY JEFFERSON CITY, MO 65101 UNION ELECTRIC CO PROPERTY TAX DEPT PO BOX 66149 MAIL CODE 212 ST. LOUISM063166-614 PARTNERSHIP PRKWV JEFFERSON CITY, MO 65101 MAIL CODE 212 ST LOUIS, MO 63166-6149 PARTNERSHIP PKWV JEFFERSON CITY, MO 65101 VANDERPLATZ L LC 4130 COUNTY RD 512 KOELTZTOWN, MO 65048 7310 ALGOA RD MO 65101 PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-116 SPONSOR: Councilmember Lester SUBJECT: Rezoning Approximately 0.15 Acres Located in the 7000 Block of Partnership Parkway from M-2 General Industrial to PUD Planned Unit Development and Approval of a Preliminary and Final PUD Plan for a Pylon Sign. (Planning and Zoning Commission Case No . P23007 ) DATE INTRODUCED: April 3, 2023 PUBLIC HEARING: April17, 2023 DEPARTMENT DIRECTOR(S):_'S: __ S:.:_::>_~ __ (]JJ---___________ _ CITY ADMINISTRATOR: k · "C::::> I~ Staff Recommendation: Approve. // Summary: Standard ordinance approving a Zoning Map Amendment and Preliminary and Final PUD Plan . Origin of Request: Property owner, through the Planning and Zoning Commission. Department Responsible: Department of Planning and Protective Services. PERSON RESPONSIBLE: DAVID GRELLNER/Eric Barron Background Information: This bill would rezone a 0 .15 portion of property from M-2 General Industrial to PUD Planned Unit Development and approve a Preliminary and Final PUD Plan for a 53 foot tall Pylon Sign consisting of approx imately 800 square feet of signage area . The purpose of the sign is to allow for representation of multi ple businesses within the Algoa Industrial Park and to reinforce the Militia Drive interchange as the primary entrance into the Industrial Park. The primary tenant on the sign would be the Breaktime Truck Stop proposed for a Special Exception Permit that is taken up by separate resolution before the City Council. The proposed sign is larger than the 200 ma x imum square feet of sign area and taller than the 32 feet maximum height of City Code sign standards , Chapter 3 , Advertising and Signs , which can be justified by the visibility necessary for the sign location approximately 150 feet from the highway and the desire to allow for representation of multiple businesses on the sign. Please see the attached staff report for more information . Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for rezoning and a Preliminary and Final PUD Plan at their meeting on March 9, 2023. Both motions to recommend approval to the City Council PASSED on a vote of 8 in favor and 0 against. Public Notice: Standard public notice procedures were followed in advance of the Planning and Zoning Commission meeting and the City Council meetings. This includes (1) publication of the public notice agenda in the Jefferson City News Tribune 15 days in advance of the hearing on the case; (2) notification by letter to adjoining and affected property owners within 185 feet, and (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: No public comments received. Fiscal Information: $953.00 in application fees were received. Planning & Zoning Commission Recommendation: Approve. BILL NO. 2022-116 SPONSORED BY Councilmember Lester ORDINANCE NO. ______ _ 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 0.15 ACRES OF LAND LOCATED IN THE 7000 BLOCK OF PARTNERSHIP PARKWAY FROM M-2 GENERAL INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A PRELIMINARY AND FINAL PUD PLAN. WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning and PUD Plans have in all matters been complied with . NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. The following described real estate , being located in the City of Jefferson in Cole County , Missouri is rezoned from M-2 General Industrial to PUD Planned Unit Development: Part of Lot 4 and part of Lot 5 of Partnership Business Park Section 2, per plat of record in Plat Book 12, page 975 , Cole County Recorder's Office, being a subdivision of part of the Southwest Fractional Quarter of Section 19, Township 44 North , Range 10 West , part of the Northwest Quarter and part of the Northeast Quarter of Section 30 , Township 44 North , Range 10 West, in the City of Jefferson, Cole County , Missouri , more particularly described as follows : BEGINNING at the most southerly corner of Lot 4 of said Partnership Business Park Section 2, thence N31 °34 '52 "E, 75.00 feet; thence N58 °25'08 "W , 88.46 feet ; thence S31 °34 '52"W, 75.00 feet to a point on the southwesterly line of said Lot 4 , also being the northeasterly Right of Way line of U.S. Highway 50/63 ; thence S58 °25 '08 "E, along southwesterly line of said Lot 4 and the northeasterly Right of Way line of U.S. Highway 50/63 , 88.46 feet to POINT OF BEGINNING . Containing 0 .15 acre , more or less . Section ~-The Preliminary and Final PUD Plan Site Plan and Sign elevations , attached as Exhibit A, are hereby approved for the above refenced real estate . Section ~-This ordinance shall be in full force and effect from and after its passage and approval. Passed : __________________ _ Approved :---------- Presiding Officer Mayor Carrie Tergin ATTEST: City Clerk #JMM&YIJCJU"1BHFPG #JMM&YIJCJU"1BHFPG #JMM&YIJCJU"1BHFPG Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION March 9, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Emily Fretwell Treaka Young Jacob Robinett Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COMMISSION MEMBERS ABSENT Gregory Butler Hank Vogt Sara Michael, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. ATTENDANCE RECORD 8 of 8 8 of 8 7 of 8 7 of 8 6 of 8 7 of 8 7 of 8 1 of 3 2 of3 4 of8 7 of 8 1 of 2 David Grellner, Interim Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Guests: Paul Samson with Central Missouri Professional Services, Don Davis, John States, Jay Burchfield, Jocelyn King, Patsy Johnson, James Robinett, Jr, Gary Plummer, Ryan Schrimpf, Dorothy Jones, and Andy Fechtel. Case No. P23007 -7000 Block of Partnership Parkway, Rezoning from M-2 to PUD and Preliminary and Final Planned Unit Development (PUD) Plan. Request filed by JC Chamber 21st Century Land Investment, LLC, property owner, for rezoning of approximately 0.15 acres from M-2 General Industrial to PUD Planned Unit Development and a Preliminary and Final PUD Development Plan to permit a mult-tenant pylon sign. The property is located approximately 1200 feet east of the intersection of Militia Drive and Highway 50/63 and is described as part of Lot 4 and part of Lot 5 of Partnership Business Park Section 2, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the applicants are requesting 0.15 acres of the property to be rezoned from M-2 General Industrial to a PUD Planned Unit Development zoning designation and a Preliminary and Final PUD Plan for a multi-tenant sign. The total area of the sign is proposed to be 940 square feet with a height of 55 feet. Mr. Barron stated the sign would be taller and larger than what is permitted in the normal signage regulations under M-2, which is the reason for the proposed PUD zoning designation. Paul Samson with Central Missouri Professional Services (CMPS), representing property owner JC Chamber 21st Century Land Investment, LLC, presented the case. This case is directly linked to the previous case on Militia Drive. The proposed Breaktime is going to be located approximately Y4 mile off of the interchange, this advertising sign is a critical piece to bring awareness to the public on the location of the travel center. The land where the sign will be placed is owned by JC Chamber of Commerce, the Chamber has been involved in development of this industrial area for over 50 years. Several of the existing industrial tenants in the area have expressed an interest in having advertising presence on the new sign. Mr. Samson stated the Militia Drive interchange is the only good separated access to Algoa Industrial Park. The other access is on North Shamrock Road, a lot of issues have been caused by tractor trailers travelling North Shamrock after being directed that way by phone apps. This sign will make the travelling public aware that Militia Drive is the preferred location to enter the industrial park. JC Chamber and Mr. Burchfield are still discussing ownership of the sign. Currently, the sign is sitting on the lot line between two platted lots. If a development comes in on one of the two lots, a lot split can be held on an administrative level if needed in the future. Gary Plummer and Andy Fechtel with JC Chamber and James Robinett Jr spoke in favor of the request. Mr. Plummer assured the commission that the sign will be properly maintained. Ms. Bliss stated two elements were reviewed on this request, the rezoning criteria and the preliminary PUD plan. Staff looked at the impacts of the rezoning and impacts on the sign location. Staff recommends approval of both requests. Ms. Hawk moved and Mr. Robinett seconded a motion to recommend approval of the rezoning of 0.15 acre from M-2 General Industrial to PUD Planned Unit Development. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None Ms. Young moved and Mr. Robinett seconded a motion to recommend approval of the Preliminary and Final PUD Plan for a freestanding, multi-tenant pylon sign. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None Jefferson City Planning & Zoning Commission March 09, 2023 Case No. P23007 7000 Block of Partnership Parkway JC qhamber 21st Century Land Investment, LLC 1. Rezoning from M-2 General Industrial to PUD Planned Unit Development 2. Preliminary and Final PUD Plan City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P23007 7000 Block of Partnership Parkway Rezoning from M-2 to PUD and Preliminary and Final PUD Plan for a pylon sign 0 105 210 420 Feet -=-=:J-- City of Jefferson Planning and Zoning Commission VICINITY Case No. P23007 7000 Block of Partnership Parkway Rezoning from M-2 to PUD and Final and Preliminary PUD Plan for a pylon sign PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 09, 2023 Case No. P23007-7000 Block of Partnership Parkway, Rezoning from M-2 to PUD and Preliminary and Final Planned Unit Development (PUD) Plan. Request filed by JC Chamber 21st Century Land Investment, LLC, property owner, for rezoning of approximately 0.15 acres from M-2 General Industrial to PUD Planned Unit Development and a Preliminary and Final PUD Development Plan to permit a multi- tenant pylon sign. The property is located approximately 1200 feet east of the intersection of Militia Drive and Highway 50/63 and is described as part of Lot 4 and part of Lot 5 of Partnership Business Park Section 2, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Nature of Request A rezoning has been requested for a 0. I 5 acre portion of property to change the current M-2 General Industrial zoning to a PUD Planned Unit Development zoning designation and a Preliminary and Final PUD Plan for a proposed freestanding multi-tenant sign. Review and Approval Process: In accordance with the City Code, rezoning and PUD Plan requests are reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission makes a recommendation to the City Council and City Council comes to a final decision. Zoning and Surrounding Land Use Current Zoning: M-2 Requested Zoning: PUD Surrounding Zoning North M-2 South RU East M-2 West RU Rezoning Analysis Current Use: Undeveloped Intended Use: Multi-tenant freestanding sign Surrounding Uses Industrial, Electric Company Agricultural, Undeveloped Undevelo_ped Agricultural, Undeveloped Below are sections concerning the request to rezone 0.15 acres from M-2 General Industrial to PUD Planned Unit Development. Staff Analysis Review criteria for rezoning per Section 74.8.4: Review Criteria Yes No Notes: The existing zoning was in error at the time of X The area has had many industrial uses for adoption. quite some time. The rezoning will be for a PUD designation for a proposed sign which would advertise industrial uses in the area. There has been a change in character in the area due X The rezoning request would support the to installation of public facilities, other zone expanding industrial park. changes, new growth trends, neighborhood deterioration, or development transitions. Review Criteria Yes No Notes: There is a community need for the proposed X rezoning. The proposed change is consistent with, and in X furtherance of, the implementation of the goals and policies of the comprehensive plan, other adopted plans, and the policies, intents and requirements of this ordinance and other City regulations and guidelines. The proposed zoning is compatible with the zoning X and uses of property nearby. Public and community facilities, which may include, X but are not limited to, sanitary and storm sewers, water, electrical service, police and fire protection, schools, parks and recreation facilities, roads, libraries, and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic-generating projects. Authorized uses shall not adversely affect the X capacity or safety of the street network in the vicinity of the property. Potential environmental impacts (e.g., excessive X storm water runoff, water pollution, air pollution, noise pollution, excessive lighting, or other environmental harms) of authorized uses shall be mitigated. There is an adequate supply of land available in the X subject area and the surrounding community to accommodate the zoning and community needs. Preliminary and Final PUD Plan The zoning change would offer flexibility in terms of providing signage for the industrial park. The purpose of the proposed rezoning is to display multiple industrial industries. The purpose of the rezoning is to serve the subject industrial area. Public facilities necessary to serve the use (pylon sign) should be minimal. Proper electrical installation and maintenance in accordance with all applicable electrical oriented codes and the similar is necessary. Likewise, receiving required and reasonable permits and similar documentation is necessary for the proposal. A traffic analysis is not required. The rezoning at the present with the proposed use and its design is anticipated to have a minimal affect on the street network capacity and safe_ty. Environmental impacts of the rezoning are expected to be low. The zoning change would consist of 0. I 5 acre. In all, the parcel is 2 I .5 I acres. Based on the proposed use and available land for expansion, there appears to be an adequate amount of land for the use and for possible future expansion. In addition to the rezoning, a Preliminary and Final Planned Unit Development (PUD} Plan for a freestanding, mult~-tenant sign. Visuals have been provided with the application materials. Below is an analysis of the PUD Plan, including details pertaining to the sign. Location: The proposed location for the pylon sign is in the southeast portion of the property near the exit ramp for Militia Drive. Sign Dimensions: The following are proposed dimensions of the sign. Total height from ground to top of sign is 55'. The base of the sign board is about 13' from the ground. The face of the sign has a height of 42' and width is 20'. The tenant panels are proposed to be 3' in height by 8' in width. The upper most panel containing the words "Partnership Parkway" is proposed to be 25' in width and 4' in height for an area of approximately I 00 square feet. The total area of the sign is approximately 940 square feet. The sign dimensions exceed City Code standards for freestanding signs located within M-1 Light Industrial zoning district. The City Code specifies a maximum sign height of 32' and maximum total square footage of 200'. Signage in excess of the maximum height and area my be justified due to the location of the sign (approximately 150 feet from the highway) and the multi-tenant nature of the sign. Sign Design: The sign will contain LED illumination. The Partnership Parkway header will have an aluminum backer. Flexface with printed graphics is the proposed specification for the BreakTime panel. Tenant panels are proposed to be comprised of polycarbonate with vinyl printed graphics. Rezoning and Preliminary and Final PUD Plan Recommendation -Staff Analysis Rezoning a 0.15 acre piece of property from M-2 to PUD and the proposed PUD Plan signage will enhance visibility and support the Algoa Industrial Park. The overall impact of the sign should be minimal. Staff recommends approval of the requested rezoning and Preliminary and Final PUD Plan. Form of Motion I. Motion to recommend approval of the rezoning of0.15 acre from M-2 General Industrial to PUD Planned Unit Development. 2. Motion to recommend approval of the Preliminary and Final PUD Plan for a freestanding, multi-tenant pylon sign. City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street J efferson City, MO 65101 Phone: 573-634-6410 JCP/anning@jeffersoncitymo.gov www.jeffersoncitymo.gov APPLICATION FOR ZONING AMENDMENTS 1. The undersigned hereby petitions the Planning and Zoning Commission and City Council of the City of Jefferson, Missouri, for the following amendment to the Zoning Code : ~Map Amendment OText Amendment (Include description of proposed text amendme nt) Property Address: Partnership Parkway 2 . Applications for Map amendments shall include a location map and legal description . 3. This petition requests to rezone the above described real estate from its present c lassification of M-2 district to _P_U_D ___ district. The purpose of this rezoning request is to: allow construction of a multi-tennant pylon sign. 4 . Filing fee: Map Amendment= $650. Text Amendment= $450. 5 . Required Findings: Applicant responses to the required findings shall be noted in Addendum A an d vary based on type of request. 6. The undersigned certify to be all of the owner(s) of the above described property and that the submitted information (including all attachments to this application) is true and correct. (All owners of this property must sign and the signatures must be notarized). (S 0./-. tr2~ c ~ 0 Property O~ignature Property Owner Signature For City Use Only: Application Filing Fee : Map Amendment= $650 ($450 + $200 Advertis ing Fee) Text Amendment= $450 ($250 + $200 Adverti sing Fee) (Revised July 1, 2018) Application Fili~ee Received : Cash (receipt# ___ ) 0 Ch eck (copy; check#. ______ _) Attachments : _U __ Addendum A O_Map D_Applicant/Proje ct Information Shee t Individuals should conlacllhe ADA Coordinator at (573) 634·6570 to request accommodations or a/lema live form als a s r equired under the Americans wi th Disabiliti es Act. Please allow three business days to process the request. Page 1 of 6 Jefferson City Zoning Amendment Application Addendum A-Review Criteria To be used to support zoning amendment requests. (Section 35-74.8.4) P rt Add Partnership Parkway rope y ress----------------------------------------------~--------------------------------------------------------------- ApplicantName JC Chamber 21st Century Land Investment, LLC Provide responses to the following required findings by selecting aU criteria that apply to your request State an reasons for your answer and use additional pages to complete your answer if necessary. A. The existing zoning was in error at the time of adoption. Explain. The existing zoning is not in error. The property has been zoned M-2 in order to support development of industrial sites. B. There has been a change in character in the area due to installation of public facilities. other zone changes. new growth trends. neighborhood deterioration. or development transitions. Explain the change and be specific on which public facilities, other zone changes, new growth trends, neighborhood deterioration, or development transitions that effected the change. There is not a change in character of the area. The rezoning of a small tract of land to PUD is necessary to permit a multi-tenant pylon sign which will be constructed to advertise and provide way-finding for existing and future industries in the industrial park. C. There is a community need for the proposed rezoning. (i.) What will the proposed zoning be? PUD (ii.) Why does the community need this zoning? The PUD zoning is necessary to permit sign height and sign area variances which are necessary due to the number of potential tenants and the need for the sign to be visible prior to exit ramps. D. The proposed change Is consistent with. and in furtherance of. the implementation of the goals and policies of the Comprehensive Plan. other adopted plans. and the policies. intents and requirements of this Ordinance and other City regulations and guidelines. The proposed zoning change will permit the construction of a multi-tenant pylon sign which will help to advertise and provide way finding for existing and future industries within the industrial park. Page2of6 E. The proposed zoning is compatible with the zoning and uses of property nearby. Property North-M-2 Property East-M-2 Property South-RU Property West-M-2 F. Public and community facilities, which may include, but are not limited to, sanitary and storm sewers, water, electrical service, ponce and fire protection. schools. parks and recreation facifities. roads. libraries. and solid waste collection and disposal, are available and adequate to serve uses authorized under the proposed zoning. Ust public and community facinties avaHable on the site. Electric service is the only public facility necessary for the proposed pylon sign. Electric service is available to the property and will be extended to the sign site. G. A traffic impact analysis has been provided to indicate the potential number of new trips generated and provisions are provided to mitigate impacts of high traffic-generating projects. (See Section 35-60. Traffic Impact Analysis regarding vehicle trip thresholds and traffic impact analysis requirements) A traffic impact analysis is not required for the construction of a pylon sign. H. Authorized uses shall not adversely affect the capacity or safety of the street network in the vicinity of the property. (i.) Descnbe the proposed use. Multi-tenant pylon sign (ii.) Will the proposed use adversely affect the capacity or safety of the street network in the vicinity of the property? Why/Why nat? The proposed sign will have no impact to street capacity or safety. I. Potential environmental impacts (e.g., excessive storm water runoff, water pollution, air pollution, noise pollution, excessive lighting. or other environmental harms) of authorized uses shall be mitigated. Ust any potential environmental impacts and how they w/11 be mitigated. There will be no adverse impacts due to the construction of the pylon sign. J. There is an adequate supply of land available in the subject area and the surrounding community to accommodate the zoning and community needs. There is adequate land to accommodate the proposed sign. K. Benefits shall be derived by the community or area proposed to be rezoned. Ust the benefits of the proposed rezoning. The proposed pylon sign will advertise and provide way finding for existing and future industries within the industrial park. Page 3 of6 City of Jefferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573·634·6410 JCPianning@jeffersoncitymo.gov WVIW.jeffersoncitymo.gov APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) D Amendment to Final PUD Plan 0Concept PUD Plan 0 Preliminary PUD Plan 0 Final PUD Plan 0 Amendment to Final PUD Plan for Signage PUDProjectName: _P_Mm_e_~-·~PP_•-~-·~Y~~~~-n_s~~------------------------------------------------------ StreetAddress: ~P=·~==~~pP~·=~~Y ____________________________________________________________ ___ Legal Description: (as follows or Is attached) _Soo __ AJ_l.>Chcd ________________________________________________ _ 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 sectio ns of the Zoning Code. The project title and location must be included upon every page. Number all pages and attachments. b) Site Plan and/or Development Plan, as applicable. c) Preliminary or Final Subdivision Plat or Declaration of Condominium Association, as applicable; d) Draft of Covenants, Conditions and Restrictions, as applicable; e) Traffic impact analysis, if required by Section 35-60; f) Signage Plan, in cluding type, locations and dimensions of all proposed signs; g) Landscaping and Screening Plan; h) Lighting Plan, including pole h e ights, type of fixtures or luminaries, an d foot candles; 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: Property Owner: JC Cllambct 21st Century Land 1nvcstmcn~ LLC Address 213 A~Wns st. JetJerson City, Mo 6s1o1 Phone Number(s }:._57_u __ l4_.JS"-1"-6 ________________________________________________________________ __ Applicant Name (if different from owner):--------------------------- Address.~~~~---------------------------------------------------------------------Phone Number(s}:. _________________________________ ___ Consultant Name: Paut samson. PE. CcJMI Missouri Professional SeM= Address: 2soo e. McCMy SL Jcrre<$00 City. Mo 6510 1 Phone Number(s}: _s7_~...:..:.....J.I.:....:.ss:...._ __________________________________________ _ The attached information accurately represents this proposed project G ~~~~ Property Owner .S(gnature Date Consultant Signature Printed Namemlle Date For Staff'{];; Only: Applicelion Filing Fee Received 9 Amount'--_ 6 __ -[]Check#, __ _ Atlachmenls: NanaliveO Site PlanO App/lcanVProjecllnformallon ShoeD Wotc other information submitted on back page Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative fonnats as required under the Americans with Disabiflties Act. Please allow three business days to process the request. Page 1 of7 '! , .. f ' f f • ! • • t J I ~ . • i l f ! r r 1 .. • ~ f r } ~ i i • t i l f !' J 5 ~ ( l l 1 { '! ~L l j " i ii J • ! s• i ~ ~ j I ~ i f ~:0 H ~ m " .z(/)~ i W Oli':-~~ Ei z G> (/) PRO POSED PYLO N S IGN JC CHAMBER 21sl CHfTU RY U.S. 50.'&3 & MilO lA DAIVE JEFFERSON COY, COlE COIMY, M,SSOUll , Centra l Uissouri Professiona l Services, Inc. """"""""' "'""""""' N4TI'li:U.U TC11.WC f =oo t. MtCAJtn th~)M ·f IIHD:Joft CJTT. w:::JDUkl CIIWDI tu•;•-b ~ ~t ~·-,_,._. ..... ~~~--~·~.x.s. City of Jefferson Carrie Tergin, Mayor Department of Planning & Protective Services 320 E. McCarty St. Jefferson City, MO 65101 February 21, 2023 Dear Property Owner: Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, March 09, 2023 in the Council Chambers of the John G. Christy Municipal Building , 320 East McCarty Street to consider the following matters (see map on back): Case No. P23007-7000 Block of Partnership Parkway, Rezoning from M-2 to PUD and Preliminary and Final Planned Unit Development (PUD) Plan. Request filed by JC Chamber 21st Century Land Investment, LLC, property owner, for rezoning of approximately 0.15 acres from M-2 General Industrial to PUD Planned Unit Development and a Preliminary and Final PUD Development Plan to permit a mull- tenant pylon sign. The property is located approximately 1200 feet east of the intersection of Militia Drive and Highway 50/63 and is described as part of Lot 4 and part of Lot 5 of Partnership Business Park Section 2, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). As a nearby landowner and/or neighbor, you are being provided notice of this hearing . Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways : e-mail : JCPianning@jeffersoncitymo.gov fax : Dept. of Planning and Protective Services I Planning Division 573-634-6457 mail: Dept. of Planning and Protective Service s I Planning Division John G . Christy Municipal Building , 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m . on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting . Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. on the day of the meeting will be included in the official record , but there is no guarantee that copies will be made for distribution to all Commission members . For your information, this case is tentatively scheduled for a public hearing in front of the City Council on April 17, 2023 . The City Council meets at 6:00 p.m . in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: https://www .jeffersoncitymo .gov/governmenVpl ann ing/pla nn ing and zoning commission .php Please contact the Planning and Zoning Division via phone at 573.634.6573 with pertinent questions. Best Regards, 1¥ Kortney Bliss Planner 1 Individua ls should contact the ADA Coordinator a t (573) 634-6 570 to request accommodations or alternative formats a s required under the Americans with Disabilities Act. Please allow three business days to process the request. Pl ease call (573 ) 634-6410 with questions regarding age nda ite ms. Case No . P23007 7000 Block of Partnership Parkway Rezoning from M-2 to PUD and Preliminary and Final PUD Plan for a pylon sign 185 ft . Notification Buffer - LIBERTYRD r 0 200 400 800 1.200 1.600 ------Feet Jefferson City Planning and Zoning Commission Property Owner list Case No. P23007 7000 Block of Partnership Parkway BRENNER, DARRELL & KELLY %DARRELL BRENNER PO BOX 105912 JEFFERSON CITY, MO 65110 6919 BRENNER LN MO 65101 BRENNER, ROBERT R BRENNER, DARRELL G TRUSTEES 2926 COCHISE LN JEFFERSON CITY, MO 65101 HWY 50 E MO 65101 J C CHAMBER 21ST CENTURY LAND INVESTMENT LL C 213ADAMSST JEFFERSON CITY, MO 65101 165 MILITIA DR JEFFERSON CITY, MO 65101 THREE RIVERS ELECTRIC COOPERATIVE 1324 E MAIN ST LINN, MO 65051 7050 PARTNERSHIP PKWY JEFFERSON CITY, MO 65101 UNION ELECTRIC CO PROPERTY TAX DEPT PO BOX66149 MAIL CODE 212 STLOUIS, MO 63166-6149 PARTNERSHIP PKWY JEFFERSON CITY, MO 65101 VANDERFELTZ, LEONG DAIRY FARM LL C 26683 HWY D CALIFORNIA, MO 65018 3015 MILITIA DR MO 65101 02/23/23 PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-117 SPONSOR: Councilmember Lester SUBJECT: Approving a Preliminary PUD Plan for a 4-Piex Apartment. (Planning and Zoning Commission Case No. P23008) DATE INTRODUCED: April 3, 2023 PUBLIC HEARING: April17, 2023 DEPARTMENT DIRECTOR(S):_':si __ ~ __ -_.,f:..........::::~_____:. __________ _ CITY ADMINISTRATOR: ~ /~ Staff Recommendation: Approve.// Summary: Standard ordinance approving a Preliminary PUD Plan. Origin of Request: Property owner, through the Planning and Zoning Commission. Department Responsible: Department of Planning and Protective Services. PERSON RESPONSIBLE: DAVID GRELLNER/Eric Barron Background Information: This bill would approve a Preliminary PUD Plan for a 4-unit residential apartment building on 0.74 acres. The building would be 2 stories and have brick veneer and siding with asphalt shingles for the roof finish. Please see the attached staff report for more information. Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for a Preliminary PUD Plan at their meeting on March 9, 2023. The motion to recommend approval to the City Council PASSED on a vote of 8 in favor and 0 against. Public Notice: Standard public notice procedures were followed in advance of the Planning and Zoning Commission meeting and the City Council meetings. This includes (1) publication of the public notice agenda in the Jefferson City News Tribune 15 days in advance of the hearing on the case ; (2) notification by letter to adjoining and affected property owners within 185 feet , and (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 : No public comments received. Fiscal Information: $720.00 in application fees were received. Planning & Zoning Commission Recommendation: Approve. BILL NO. 2022 ~117 SPONSORED BY Councilmember Lester ORDINANCE NO . ______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 3420 NORTH TEN MILE DRIVE . , WHEREAS, Schrimpf Brothers LLC, owners of the real estate hereinafter described, having submitted a Preliminary PUD Plan of said real estate described as follows : Lot No . 3, of an unrecorded survey of part of the Southeast Quarter of Section 4 , Township 44, Range 12 , in Cole County , Missouri , and more particularly described as follows : From the southeast corner of Section 4 , Township 44, Range 12 West; thence north 1 degree 30 minutes east. 42 .2 5 chains ; thence north 87 degrees 25 minutes west, 1469.79 feet to the POINT OF BEGINNING, which is the northeasterly corner of said Lot No . 3; thence from said POINT OF BEGINNING , south 2 degrees 19 minutes west , 312 .52 feet to the right-of-way line of the Ten Mile Drive, which is the southeasterly corner of said Lot No. 3; thence south 85 degrees 49 minutes west, 100.53 feet along the Ten Mile Drive to the southwesterly corner of said Lot 3 ; thence north 2 degrees 19 minutes east, 324.44 feet to the northwesterly corner of said Lot 3; thence south 87 degrees 25 minutes east, 100 feet to the POINT OF BEGINNING . Containing 0. 7 4 acres, more or less . WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning and PUD Plans have in all matters been complied with . NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS: Section 1 . The Preliminary PUD Site Plan for a 4-Piex Apartment, attached as Exhibit A, is hereby approved for the above described real estate. Section ~. Requirements for elements such as future land uses , signage, and lighting of the property shall be limited to the specifications permitted by the RA-2 High Density Residential zoning district. Section~· This ordinance shall be in full force and effect from and after its passage and approval. Passed : ----------Approved: ________ _ Presiding Officer Mayor Carrie Tergin ATTEST: City Clerk APPROVED AS TO FORM : City A~ #JMM&YIJCJU" Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION March 9, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Emily Fretwell Treaka Young Jacob Robinett Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COMMISSION MEMBERS ABSENT Gregory Butler Hank Vogt Sara Michael, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. ATTENDANCE RECORD 8 of 8 8 of 8 7 of 8 7 of 8 6 of 8 7 of 8 7 of 8 1 of 3 2 of 3 4 of 8 7 of 8 1 of 2 David Grellner, Interim Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Guests: Paul Samson with Central Missouri Professional Services, Don Davis, John States, Jay Burchfield, Jocelyn King, Patsy Johnson, James Robinett, Jr, Gary Plummer, Ryan Schrimpf, Dorothy Jones, and Andy Fechtel. Case No. P23008 -3420 North Ten Mile Drive, Preliminary Planned Unit Development (PUD) Plan. Request filed by Schrimpf Brothers LLC, property owner, for a Preliminary PUD Development Plan to permit construction of a single 4-plex residential building. The property is located 500 feet west of the intersection of North Ten Mile Drive and Constitution Drive and is described as part of the Southeast Quarter, Section 4, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the property is zoned PUD, applicants are requesting a preliminary PUD Plan to construct a two-story four-plex. The property is 0. 7 4 acres, the building will be 4,992 square feet, eight parking spaces are proposed with one space being ADA Compliant. Paul Samson with Central Missouri Professional Services (CMPS}, representing property owner, Schrimpf Brothers LLC, presented the case. Each unit in the four-plex will be approximately 1,248 square feet. This development matches several other duplexes and four-plex's already in the area. A new drive approach will be installed on North Ten Mile Drive. Adequate space was left and the building was offset in case the city decides to widen the roadway in the future. Stormwater inlets will route to the back side of the building. Ryan Schrimpf with Ryan Schrimpf Construction and Schrimpf Brothers, LLC, spoke regarding the request and plans for the property. Ms. Bliss advised building composition is looked at during review of the preliminary PUD Plan. The unit per acre ratio is 5.5, the exterior of the building is proposed to have brick veneer and siding with asphalt shingles for the roof. Due to the nature of the proposed development, a traffic analysis study is not required. Mr. Wade advised a new driveway will be proposed on North Ten Mile Drive, stormwater is directed to the rear portion of the property and includes stormwater quality treatment, sanitary sewer exists and will connect to the main. Sidewalks are not required for the project; no curbing exists on North Ten Mile Drive. A fire hydrant exists to the west of the property and a street light exist in the vicinity. Ms. Cotton moved and Ms. Quigg seconded a motion to recommend approval of the requested Preliminary PUD Plan for a single, two story 4-plex residential building with the following condition: a. Establish the RA-2 High Density Residential zoning district as the underlying zoning designation for the purpose of determining permitted uses, signage, and lighting. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None Jefferson City Planning & Zoning Commission March 09, 2023 Case No. P23008 3420 North Ten Mile Drive Schrimpf Brothers LLC Preliminary PUD Plan City of Jefferson Planning & Zoning Commission LOCATION MAP • I Case No. P23008 o 2s so 100 Feet 3420 North Ten Mile Drive Preliminary PUD Plan for a 4 plex residential building City of Jefferson Planning and Zoning Commission VICINITY lr I I " t----'W-T-Rl:IM AN·BING--~----------= r--.----------.~,.---------11 < Case No. P23008 3420 North Ten Mile Drive ffi 1------, :E :1i < Preliminary PUD PLan for a 4 plex residential building 0 105 210 PLANNING STAFF REPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 09, 2023 Case No. P23008 -3420 North Ten Mile Drive, Preliminary Planned Unit Development (PUD) Plan. Request filed by Schrimpf Brothers LLC, property owner, for a Preliminary PUD Development Plan to permit construction of a single 4-plex residential building. The property is located 500 feet west of the intersection ofNorth Ten Mile Drive and Constitution Drive and is described as part of the Southeast Quarter, Section 4, Township 44 North, Range 12 West, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Nature of Request Requested is a Preliminary Planned Unit Development (PUD) Plan which proposes to place a residential 4-plex having two stories and a total floor area of 4992 square feet. A narrative and site plan describe the details of proposal including features such as parking, landscaping, and lighting. The subject property is zoned PUD and consists of0.74 acres. Review and Approval Process: Preliminary PUD Plan requests are reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission makes a recommendation to the City Council and City Council comes to a final decision. Zoning History No Board of Adjustment or Planning and Zoning Commission cases could be found on file for the subject property. In 2014, a single family residence on the property caught fire and was subsequently demolished. Zoning and Surrounding Land Use Current Zoning: PUD Current Use: Vacant Lot Intended Use: Multi-Family Residential Surrounding Zoning Surrounding Uses North RA-2 Senior Living Facility South C-1 Single Family Residential, Assisted Living Facility_ East RA-2 Single Family Residential, 6 unit aPMID!_ents West PUD Single Family Residential, 6 unit apartment Allowed Uses: Permitted uses for the PUD Planned Unit Development zoning district are dependent upon the approved PUD Plan. Thus, permitted uses vary. It is recommended that approved PUD Plans often include an underlying zoning district. Staff recommends an underlying zoning designation RA-2 High Density Residential. Preliminary PUD Plan Below is an analysis of the PUD Plan. Building Composition: The exterior of the building is proposed to measure 34.5' by 72.33 '. The height of the building is proposed to be about 26'. There would be 4 units, each having 1248 square feet for a total of 4992 square feet. The unit per acre ratio is 5.5. The exterior of the building is proposed to have brick veneer and siding with asphalt shingles for the roof finish. Landscaping: Two shade trees (unidentified species) with a 100% shade coverage of 1,260 square feet for each tree. Lighting: Lighting is proposed to be mounted to the building. Additionally, street lighting exists within the vicinity. Parking: To fulfil the parking requirements for the use as laid out in the Zoning Code (2 spaces per each unit}, the site is proposed to have a surface parking lot encompassing 8 parking spots with one parking space being ADA compliant. Sidewalk: Street frontage length does not warrant installation of sidewalk. Curb and gutter does not exist at the street. Traffic and Traffic Analysis: Daily average peak hour trips are anticipated to be on 3 trips. Due to the nature of the proposed development, a traffic analysis is not required and traffic impact is expected to be manageable by the existing street network. Utilities: Utility services are noted on the site plan. All alterations or additions to sanitary sewer, plumbing, electrical work, and etc. will need to meet City Code standards. Fire Safety: Discussion between the design team and the Fire Department will need to occur to ensure compliance with Fire Code is met. Preliminarv PUD Plan Recommendation -Staff Analysis The area consists of a mixture of both single family and multi-family uses. The proposed 4-plex should be compatible with the residential nature of the area. The proposal appears to be in alignment with the intent and standards of the Zoning Code. The final development phase will need to meet all other City Code requirements. Staff recommends approval of the Preliminary PUD Plan. Form of Motion I. Motion to recommend approval of the requested Preliminary PUD Plan for a single, two story 4-plex residential building with the following condition: a. Establish the RA-2 High Density Residential zoning district as the underlying zoning designation for the purpose of detennining pennitted uses, signage, and lighting. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, March 9, 2023, 5:15pm Item 6. -New Business/ Public Hearings Case No. P23008 -Preliminary PUD Site Plan for a Four ( 4) Plex Apartment Building, 3420 North Ten Mile Drive (PUD Zoning) ENGINEERING STAFF RECOMMENDATION- Recommend approval. Prelimlnarv PUD Site Pla11- Existing Infrastructure Summary • Public infrastructure exists in the vicinity. • Storm water facilities exist in the vicinity. • Sanitary sewer facilities exist in the vicinity. • North Ten Mile Drive is an existing, thru roadway serving the northwest portion of Jefferson City. Improvements Summary Roadway Access • A proposed new driveway from North Ten Mile Drive will serve the development parking area for the new structure. The final plan should show a commercial style drive approach on North Ten Mile Drive instead of a low volume single residential driveway standard approach. Storm Water I Erosion Control • Storm water is directed to the rear portion of the property. The final plan will need to indicate collection of all drainage and direct to the northwest part of the property Storm water quality treatment will also need to be examined for the property with the final plan. • An erosion and sediment control plan will be needed as a part of final plan submittal. Sanitary Sewer • The proposed building will be served by a sanitary sewer main that exists across the property. Sidewalk • Sidewalk is not required for this project. No curbing exists along North Ten Mile Drive. Fire Hydrants I Street Lights/ Utilities • Facilities exist in the vicinity and are in accordance with City standards. • The building is proposed to be served by all necessary utilities. Review Status of Documents- • The preliminary PUD site plan has been reviewed and is generally in good order. • Minor technical review comments were sent back to the consultant for consideration, and have been addressed on the preliminary PUD plan. City of Jefferson · :-::.= r EIVt: D :~L-\.J I Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCPianninq@jeffersoncitymo.gov JMI ... 0 2023 www.jeffersoncltymo.gov i L • :Tif\·:··I·J:";?, APPLICATION FOR PLANNED UNIT DEVELOPMENT {P.U.Q); ~:;·_·..-: .. ·-:i i !VIc:rs .. _..._;_,•. --·---· D Amendment to Final PUD Plan 0Concept PUD Plan [2]Preliminary PUD Plan 0 Final PUD Plan 0 Amendment to Final PUD Plan for Signage PUD Project Name: _P-'roposed'---•-.P_~o--'Aj>atlm'----••_t ___________________________ _ Street Address: 3420 NorlhTen ~lilo o.tve. Jelkr>On cuy.Mo6s to9 Legal Description: (as follows or is attached) Sdvimp!Brolhers LLC. Boot 726. page m. eo1c Co<a1l)' RcconWs otrce. Cole Counly.v.o. Please attach or include the following: a) Typed project narrative describing the type and character of the development, including land uses , acreage, proposed residential densities or commercial floor area (FAR); public or private open space, amenities or recreation areas to be provided ; sidewalks and pedestrian ways; parking areas; deviations from minimum design standards of Section 35-51; and other information required by Section 35-74 or applicable sections of the Zoning Code. The project title and location must be included upon every page. Number all pages and attachments. b) Site Plan and/or Development Plan, as applicable. c) Preliminary or Final Subdivision Plat or Declaratio n of Condominium Association. as applicable; d) Draft of Covenants, Conditions and Restrictions, as applicable; e) Traffic impact analysis, if required by Section 35-60; f) Signage Plan, including type, locations and dimensions of all proposed signs; g) Landscaping and Screening Plan; h) Lighting Plan, including pole heights, type of fixtures or luminaries, and foot candles; i) Project Phasing Plan (if applicable) j) Application Filing Fee= $500 + $200 advertising fee+ $20 per acre+ $250 rezoning fee (if applicable) (Revised July 1 , 2018) Application lnfonnation: Prope rty Owner: ScM1!pf~ LLc. (Ryan SclvYr4lfl Addres s 5621 TaMtrlltldgo Roaci.Jollerson Cily. Mo 65101 Phone Number(s):.;..57U'---90-'--te_;oo ________________________________ _ Applicant Name (if different from owner):-------------------------- Address __ ~~----------------------------------------------------Phone Number(s): _______________________________ _ Consultant Name: Cen1131 Missouri Proii!Uional sofllicn.~nc. Address: 2500 East IAcCII1y sno~ JolltBOn Cily. M06S101 Phone Number(s): _sT_~ ____ ss _____________________________________________________ _ The attached information accurately represents this proposed project ~ RyanSchlmpr I/2'7/Z3 Property Owner Sign atu re Printed NamefTitle Date c,~~ Consultant Signature \/2'7/'23 Printed NamefTitle Date ?o~i~Yu~~'G~;y; ·;~pii~uo~Fili~;Feek;~~7~!d' -""*E'"**l~~iinT '" ""m -escpte~rrMR '?9"M"rl' · Attachments: NenativeO Site PlanO Applicant/Project infom1ation SheeD "Note other infom1ation submitted on back page Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or allemative formats as required under the Americans with Disabililies Act. Please allow three business days to process the request. Page 1 of7 PRELIMINARY PUD PLAN NARRATIVE 3420 NORTH TEN MILE DRIVE CMPS JOB# 22-124 January 25,2023 a) This project proposes to build one, two story 4-plex unit on an existing Tract. The Tract is 3420 North Ten Mile Drive and is currently zoned as PUD. The lot is 0. 73 acres. The exterior dimensions of the building will be approximately 34.5 feet x 72.33 feet. The approximate total floor area will be 4992 sq. ft., being 1248 sq. ft. per unit. 8 parking spaces will be provided by a surfaced parking lot in front of the building. The exterior of the building will be brick veneer and siding. The roof finish will be asphalt shingles. No Right-of-way exists or is proposed to be dedicated at this time. An "Application for Deferral of Sidewalk Requirement" will be submitted. b) A Preliminary site plan is attached for the review process. c) There is no Subdivision Plat or Declaration of Condominium Association. d) No covenants and restrictions proposed at this time. e) Due to the size of the development, a site-specific traffic impact study is not required per Sec. 35-60. f) There is no signage planned for the project. g) Two Shade Trees are planned for the landscaping plan. h) Lighting is anticipated to be building mounted residential lighting. Street lighting exists along North Ten Mile Drive. i) Filing fees are attached. 8 runossrw 'JJ.Nnoo :noo ·.wo NOSH3:f:Br 3111110 3llW N3! HUlON m£ ~11 SH3H!OH8 :ldWIHHOS lN3Wl~Vd'o' X31d-t 03SOdO~d ' ' \ \ : ' : ' City of Jefferson Carrie Tergin, Mayor Department of Planning & Protective Services 320 E. McCarty St. J efferson City, MO 65101 February 23, 2023 Dear Property Owner: Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15 p.m. on Thursday, March 09, 2023 in the Council Chambers of the John G. Christy Municipal Building, 320 Ea st McCarty Street to consider the following matters (see map on back): Case No. P23008-3420 North Ten Mile Drive, Preliminary Planned Unit Development (PUD) Plan. Request filed by Schrimpf Brothers LLC, property owner, for a Preliminary PUD Development Plan to permit construction of a sing le 4-plex residentia l building. Th e property is located 500 feet west of the intersection of North Ten Mile Drive and Constitution Drive and is descr ibed as part of the Southeast Quarter, Section 4, Township 44 North, Range 12 West, in the City of Jefferson, Cole Coun ty, Missouri. (Central Missouri Professional Services, Consultant). As a nearby landowner and/or neighbor, you are being provided notice of this hearing . Unfortunately, we are unable to re co rd comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways : e-mail: JCPiann ing@jeffersoncitym o.gov fax : De pt. of Planning and Protective Services I Planning Division 573-634-6457 mail: Dept. of Planning and Protective Services I Planning Division John G. Christy Municipal Building, 320 E. McCarty Street Jefferson City, MO 65101 Written comments received on or before 1:00 p.m. on the day of the meeting will be made a part of the official reco rd and copied and distributed to Commission me mb ers at the meeting. Those unable to provide written comments in advance are invited to deliver their comments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m . on the day of the meeting will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members . For your informati on, this case is tentatively scheduled for a public hearing in front of the City Council on Ap ril 17, 2023. The City Council meets at 6 :00 p .m . in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: httos://www .jeffersoncitymo.govlgovernmentlplanninglpla nning and zoning commission.php Please contact th e Planning and Zoning Division via phone at 573.634.6573 with pertinent questions . Kortney Bliss Planner 1 Individuals should contact the ADA Coordina to r at (573) 634-6570 to request accommodations or alterna tive for m a ts as required under the America ns with Di sabiliti es Act. Plea se allow three bus iness days to process the request. Please ca ll (573) 634-6410 wi th questions regarding agenda ite ms. Case No. P23008 3420 North Ten Mile Drive Preliminary PUD Plan for a 4 Plex Residential Building 0 a:: :.:: w w a:: () w <.? 0 cr m ------ 0 so 100 200 300 ~ 185 ft. Notification Buffer ------Feet \\\ \ Jefferson City Planning and Zoning Commission Property Owner list Case No. P23008 3420 North Ten Mile Drive CHAPEL HILL COMMONS Ill L P 221 BOLIVAR ST STE400 JEFFERSON CITY, MO 65101 3425 CHAPEL HILL RD MO 65109 GOOD EARTH PROPERTIES L L C POBOX 102 JEFFERSON CITY, MO 65102 3428 N TEN MILE DR MO 65109 HOLT APARTMENTS INC 1800 COMMUNITY DR CLINTON, MO 64735 3415 N TEN MILE DR MO 65109 J D M DEVELOPMENT L L C PO BOX945 JEFFERSON CITY, MO 65102 120 CONSTITUTION DR MO 65109 JEFFERSON CITY RESIDENTIAL L L C 3310 BLUFF CREEK DR STE 106 COLUMBIA, MO 65201 3409 N TEN MILE DR MO 65109 LEGACY LANDSCAPING L LC 411 SCHELLRIDGE RD JEFFERSON CITY, MO 65109 3412 N TEN MILE DR MO 65109 LUTE, JEFFREY D & TRACY L 9104 W LOHMAN RD LOHMAN, MO 65053 3427 N TEN MILE DR MO 65109 MEYER, GARYT & CAROLS 3416 N TEN MILE DR JEFFERSON CITY, MO 65109 3416 N TEN MILE DR MO 65109 PULLIAM, SUSAN D TRUSTEE 238 MADELINES PARK CIR JEFFERSON CITY, MO 65109 238 MADELINES PARK CIR MO 65109 SCHNOEBELEN, LOUIS & AMY 242 MADELINES PARK CIR JEFFERSON CITY, MO 65109 242 MADELINES PARK CIR MO 65109 SCHRIMPF BROTHERS L L C 1001 MADISON ST JEFFERSON CITY, MO 65101 3420 N TEN MILE DR MO 65109 STEINMEYER, JOHN D & KATHERINE S TRUSTEE 234 MADELINES PARK CIR JEFFERSON CITY, MO 65109 234 MADELINES PARK CIR MO 65109 WILDING, HAROLD A & PATRICIA A 3424 N TEN MILE DR JEFFERSON CITY, MO 65109 · 3424 N TEN MILE DR MO 65109 02/23/23 PUBLIC HEARING/BILL SUMMARY BILL NO: 2022-118 SPONSOR: Councilmember Lester SUBJECT: Approving of a Preliminary PUD Plan for Two Office/Warehouse Buildings (Planning and Zoning Commission Case No. P23009) DATE INTRODUCED: April 3, 2023 PUBLIC HEARING: April17, 2023 DEPARTMENT DIRECTOR(S): ~ u_ CITY ADMINISTRATOR: ~ i~ Staff Recommendation: Approve . Summary: Standard ordinance approving a Preliminary PUD Plan . Origin of Request: Property owner, through the Planning and Zoning Commission . Department Responsible: Department of Planning and Protective Services. PERSON RESPONSIBLE: DAVID GRELLNER/Eric Barron Background Information: This bill would approve a Preliminary PUD Plan for two Office/Warehouse buildings on two separate lots located on Schotthill Woods Court. The buildings would each be a two-story office with attached warehouse, with exterior finish consisting of brick , EIFS , and metal wall panel. Building floor area square footages would be 21 ,900 and 17,400 square foot respectively. Construction of the buildings would be in phases, with the larger building adjacent to Schotthill Woods Drive constructed first and the rear building occurring at a future date . Please see the attached Case P23009 Packet materials for more information . Planning and Zoning Commission Review: The Planning and Zoning Commission reviewed the application for a Preliminary PUD Plan at their meeting on March 9 , 2023. The motion to recommend approval to the City Council PASSED on a vote of 8 in favor and 0 against. Public Notice: Standard public notice procedures were followed in advance ofthe 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 : No public comments received . Fiscal Information: $768.60 in application fees were received . Planning & Zoning Commission Recommendation: Approve. BILL NO . 2022-118 SPONSORED BY Councilmember Lester ORDINANCE NO. ______ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI , APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 901 SCHOTTHILL WOODS COURT. WHEREAS, the Stinger Group LLC , owners of the real estate hereinafter described , having submitted a Preliminary PUD Plan of said real estate described as follows : Lots Nos. 97 & 98, Schotthill Woods Subdivision, Section 4 , in the City of Jefferson, Cole County , Missouri. Containing 3.43 acres , more or less . WHEREAS, it appears that the procedures set forth in the zoning code relating to zoning and PUD Plans have in all matters been complied with. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1. The Preliminary PUD Site Plan and Building Elevations , attached as Exhibit A , are hereby approved for the above described real estate . Section .f.. Requirements for elements such as future land uses , signage , and lighting of the property shall be limited to the specifications permitted by the C-2 General Commercial zoning district. Section~-This ordinance shall be in full force and effect from and after its passage and approval. Passed : -----------------Approved: ______________ __ Presiding Officer Mayor Carr ie Tergin ATTEST : APPROVED AS TO FORM : City Clerk c~ #JMM&YIJCJU"1BHFPG #JMM&YIJCJU"1BHFPG Excerpt of Unapproved Minutes JEFFERSON CITY PLANNING AND ZONING COMMISSION March 9, 2023 COMMISSION MEMBERS PRESENT Dale Vaughan, Chair Penny Quigg, Vice Chair Emily Fretwell Treaka Young Jacob Robinett Bunnie Trickey Cotten Shanon Hawk Tom Werdenhause, Alternate Randy Hoselton, Alternate COMMISSION MEMBERS ABSENT Gregory Butler Hank Vogt Sara Michael, Alternate COUNCIL LIAISON PRESENT Michael Lester STAFF PRESENT Eric Barron, Planning Manager Dustin Birch, Associate City Counselor Kortney Bliss, Planner 5:15p.m. ATTENDANCE RECORD 8 of 8 8 of 8 7 of 8 7 of 8 6 of 8 7 of 8 7 of 8 1 of 3 2 of 3 4 of8 7 of 8 1 of 2 David Grellner, Interim Director of Planning & Protective Services Shane Wade, Civil Engineer Lisa Dittmer, Administrative Assistant Guests: Paul Samson with Central Missouri Professional Services, Don Davis, John States, Jay Burchfield, Jocelyn King, Patsy Johnson, James Robinett, Jr, Gary Plummer, Ryan Schrimpf, Dorothy Jones, and Andy Fechtel. Case No. P23009 -901 Schotthill Woods Court, Preliminary Planned Unit Development (PUD) Plan. Request filed by Stringer Group, LLC, property owner, for a Preliminary PUD Development Plan to permit construction of a 10,350 square foot warehouse and 3,300 square foot office building. The property is located 1 ,000 feet east of the intersection of Schotthill Woods Court and Eastland Drive and is described as Lots Nos. 97 & 98, Schotthill Woods Subdivision, Section 4, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Ms. Bliss stated the property is currently zoned PUD and consists of two lots on 3.43 acres. The applicant plans to construct a 10,350 square foot warehouse and a 3,300 square foot office building. Paul Samson with Central Missouri Professional Services (CMPS), representing property owner, Stringer Group LLC, presented the case. The owner plans to build a commercial business, Aire Serv, on the northern lot. There are no specific plans for the southern lot at this time. All existing utilities are on site. Mr. Samson advised there is a strip of ground that includes a pipeline that will serve as a permanent buffer between the development and the adjacent properties to the south. Ms. Bliss stated building design and building placement on the site were reviewed. The site plan notes they will meet the landscaping requirement of 35°/o and the parking requirement. Mr. Wade advised there is an existing sidewalk that runs along Schotthill Woods Drive, no sidewalk is required to be added on Schotthill Woods Court. Street lights and fire hydrants are existing in the area. Ms. Cotton moved and Ms. Hawk seconded a motion to recommend approval of the requested Preliminary PUD Plan with the following condition: a. Establish the C-2 General Commercial zoning district as the underlying zoning designation for the purpose of determining uses, lighting, and signage. The motion passed 8-0 with the following votes: Aye: Cotton, Fretwell, Hawk, Quigg, Robinett, Young, Werdenhause, and Hoselton. Nay: None Jefferson City Planning & Zoning Commission March 09, 2023 Case No. P23009 901 Schotthill Woods Court Stringer Group, LLC Preliminary PUD Plan City of Jefferson Planning & Zoning Commission LOCATION MAP Case No. P23009 0 40 80 901 Schotthill Woods Court Preliminary PUD Plan for warehouse and office space . ' City of Jefferson Planning and Zoning Commission VICINITY Case No. P23009 901 Schotthill Woods Court Preliminary PUD Plan for offices with warehouse spaces/contractor trade shop 0 210 420 P~GSTAFFREPORT JEFFERSON CITY PLANNING AND ZONING COMMISSION March 09, 2023 Case No. P23009-901 Schotthilll Woods Court, Preliminary Planned Unit Development (PUD) Plan. Request filed by Stringer Group, LLC, property owner, for a Preliminary PUD Development Plan to permit construction of a I 0,350 square foot warehouse and 3,300 square foot office building. The property is located I ,000 feet east of the intersection of Schotthill Woods Court and Eastland Drive and is described as Lots Nos. 97 & 98, Schotthill Woods Subdivision, Section 4, in the City of Jefferson, Cole County, Missouri. (Central Missouri Professional Services, Consultant). Nature of Request Requested is for a Preliminary Planned Unit Development (PUD) Plan which consists of2 buildings having office with attached warehouse spaces defined by the Zoning Code as a "Contractor Trade Shop". There are two lots involved as a part of the PUD Plan, Lot 98 and Lot 97 of the Schotthill Woods Subdivision. The subject property is zoned PUD and consists of3.43 acres. Review and Approval Process: Preliminary PUD Plan requests are reviewed by the Planning and Zoning Commission. The Planning and Zoning Commission makes a recommendation to the City Council and City Council comes to a final decision. Zoning History A number of Planning and Zoning Commission cases were found, primarily cases involving phases of the Schotthill Woods Subdivision platting process. 1982 involved the platting of Section I, 1983 was the platting of Section 2, then 1994 was the platting of Section 3.and 2003 was when a case occurred for the platting of Section 4. In 1997, a case including the subject property was heard for a Preliminary PUD Plan for a proposed bowling alley. Zoning and Surrounding Land Use Current Zoning: PUD Current Use: Vacant Lots Intended Use: Office and Warehouse I Contractor Trade Shop Surrounding Zoning Surrounding Uses North PUD Office, Undeveloped South PUD Vacant Land, Single Family Residential East PUD Newspaper Printing Facility West PUD Restaurant Allowed Uses: Permitted uses for the PUD Planned Unit Development zoning district are dependent upon the approved PUD Plan. Thus, permitted uses vary. It is recommended that approved PUD Plans often include an underlying zoning district. Staff recommends an underlying zoning designation of C-2 General Commercial. Preliminary PUD Plan Below is an analysis of the PUD Plan. Building Composition: Both lots are proposed to have an office with attached warehouse spaces. A 21 ,906 square foot building is proposed for Lot 98 and a 17,400 square foot building is proposed for Lot 97. The maximum height will be 24' located where the office is and 32' maximum for the parapet walls. The exterior is proposed to be composed of brick, EIFS, and/or architectural metal wall panel. The floor area ratio or FAR for Lot 98 is 0.32 and the FAR for Lot 97 is 0.17. Dumpster Enclosure: Dumpsters with enclosure are shown on both lots. Final details are to be provided in the Final PUD Plan. Bufferyard: No bufferyard is proposed and the property is adjacent to either commercial or office uses or vacant land. Landscaping: The site plan notes that landscaping will conform to the Zoning Code and meet the minimum coverage of35% in the parking area. More details regarding landscaping should be outlined in the Final PUD Plan. Lighting: Lighting is proposed to meet standards of the C-2 zoning district. Parking: To fulfil the parking requirements for the use as laid out in the Zoning Code (1 space per each 300 square feet of gross floor area for offices and I space per 5,000 square feet or at least a 5 space minimum for warehouses), Lot 98 is proposed to have a total of 44 spaces, including I space which is ADA compliant whereas Lot 97 is proposed to have 27 spaces with 1 space being ADA compliant Sidewalk: No sidewalk additions or alterations are proposed along the streets. Sidewalk does exist along Schotthill Woods Drive on the north side of Lot 98. Signage: The site plan notes that signage will comply with the City Code standards for the C-2 General Commercial zoning. Signage specifications are to be detailed in final plan(s) according to the site plan notes. Traffic and Traffic A traffic analysis is not required and traffic impact is expected to be manageable by the existing street network. Stormwater Management: Stormwater is proposed to be taken in by a drainage system to be directed into a stormwater basin. The storm water basins are shown in the southeast portion of the lots. Utilities: Utility services are noted on the site plan. Fire Safety: Two fire hydrants are near the lots with one along the cul-de-sac and one across the street from Lot 98 on the northern side of the lot. Preliminary PUD Plan Recommendation -Staff Analysis The area consists of a variety of commercial uses. The proposed offices with attached warehouse space should be compatible with the commercial operations in the area. The proposal appears to be in alignment with the intent and standards of the Zoning Code. A final development plan will be reviewed to observe compliance with all City Code requirements. Staff recommends approval of the Preliminary PUD Plan. Form of Motion I. Motion to recommend approval of the requested Preliminary PUD Plan with the following condition: a. Establish the C-2 General Commercial zoning district as the underlying zoning designation for the purpose of determining permitted uses, lighting, and signage. Jefferson City Planning & Zoning Commission Meeting Engineering Division Staff Report Thursday, March 9, 2022, 5:15pm Item 6. -New Business/Public Hearings Case No. Pl3009-Preliminary PUD Site Plan, 901 Schotthill Woods Court (PUD Zoning) ENGINEERING STAFF RECOMMENDATION- Recommend approval. Prelin1i11arv PUD Site Pla11- Existing Infrastructure Summarv • Public infrastructure exists in the vicinity. • Storm water drainage facilities exist in the vicinity. • Sanitary sewer facilities exist in the vicinity. • Schotthill Woods Drive serves the main commercial area of the east end of Jefferson City. • Sidewalk exists along Schotthill Woods Drive. Improvements Summarv No public improvements are proposed with this infill development Preli111illarv PUD Site Pla11- Roadway Access- • New driveways will access Schotthill Woods Drive and Schotthill Woods Court. Storm Water I Erosion Control • Storm water detention/ storm water quality is required for the site, is shown/ being provided. • All drainage facilities proposed will be considered private. • Erosion/ sediment control plans will be needed for site development during final plan submittal. Sanitarv Sewer • This development is served by an existing sanitary sewer main that traverses the site. Sidewalk • A sidewalk exists along the frontage ofSchotthill Woods Drive. It is not required along Schotthill Woods Court. Fire Hydrants I Street Lights/ Utilities • The building is proposed to be served by all necessary utilities. • Street lights and fire hydrants exist in accordance with City requirements in this area. Review Status of Documents- • The preliminary PUD site plan has been reviewed and is generally in good order. City of J efferson Department of Planning & Protective Services 320 E. McCarty Street Jefferson City, MO 65101 Phone: 573-634-6410 JCP/anninq@jeffersoncitymo.qov www.jeffersoncitymo.gov APPLICATION FOR PLANNED UNIT DEVELOPMENT (PUD) 0Concept PUD Plan 0 Preliminary PUD Plan 0 Final PUD Pian 0 Amendment to Final PUD Plan 0Amendment to Final PUD Plan for Signage PUD Project Name: _~J<c_Sc:tv _____________________________ _ Street Address: eo 1 Shothll i'Jcod• co:.n ---------------------------------- Legal Descri ption: (as follows or is attached) Lots 97& 9& o1 Sdloahll wcx::c~s Scaion 4, per Rot Bock 12. pogo 338 Pleas e attach or include the following: a) Typed project narrative describing th e type and character of th e development, inc luding 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 Sec ti on 3 5-51; and other information requ ire d by Se ction 35-7 4 o r appllcable sections of the Zoning Code. Th e proj ect title and location must be included upon every page. Number all pa ges and attachments. b) Site Plan ancl/or Development Plan, as applicable. c) Preliminary or Final Subdivision Plat or Declaration of Condominium As socia ti on, as applicable; d) Draft of Covenants, Conditions and Restrictions, as applicable; e) Traffic impact analysis, if require d by Se ction 3 5-60; f) Signa ge Plan, including type, locations and dimensions of all propo se d signs; g) Landscaping and Screening Plan; h) Lighti ng Plan, including pole heights , type of fi xtures or luminaries, and f oot candles; i) Project Phasing P lan (if applica ble) j) Applica tion Filing Fee = $500 + $200 adverti si ng fe e+ $20 per acre+ $250 rezoning fee (if applicable) (R evise d July 1 , 2 01 B) Application Information: Prop erty Owner: Slinger Ctoup. u.c CTra.is Radcnl Address 2s21 E.ll.cCartySL Jdlerscna.y. Mo 65101 Phone Numb e r(s):_s,_l-4_1_~_1e ______________________________ _ Appli ca nt Name (if different from owner):------------------------- Address_~~~---------------------------------Phon e Number(s):. ________________________________ _ Consulta nt Name: Central t.Gssourf Prolesslonal Sc:Mccs (Pout Samson. PEl Address: 2soo e. Mccarty SL Jettononety. MO as1o1 Phone Numb e ~s ):~~~J~~~~~~------------------------------------------------------------ The attached information accurately represents this proposed project -z:;;~/kj,-( _) '702,r;~ lla r-:k rv ~g= Printed Namemtle ~ t{J t s" ""'s"'i1/ -c MP.5 2jo/c.3 Con sulta nt Sign atu re Printed Nam e!Tl Ue Date For Sra " Use Only: Application Filing Fee Received Amount Gheck #:...__ __ Attachmen ts: NarrativeO Site PlanO ApplicanVProject Information Shee D Wote o/her information submitted on bade page lndlvidu al6 6hould con tact the ADA Coordi nator at (573) 634-6570 to reques t accommodations or alternative fonnats as required unde r the Ame rican s with Dlsabnilies Ad. Please a llow three business days to process the request Page 1 of 7 c:::==W -==:--= lln-lft Cr;i IOI'l9 JIUID:iSIII ·,uu IIOSII1Ullt -·tn(;l\) ..UIIY>OR :II~ :lJCUSII, mlllli.Yll -:IICLCI.&XIIX -!llllltQJCmll3 'OUf 'S3:t!AJas (UUOl§aJOJd J.IROSSJ11 (UJlUaJ I l l 1 i I I I I I _______ I i 0-- ( I ! r .._; G-- e---~--- 1 t. -~ 61 ~-·, _-=::; r ' I' I Q ~ -.. -, j 0 ·-- AI::I3S 31::11\f i 0 ~ f I I I I 8---,---! . I I e---f--r 1 f I 1 I ' I ) I 0-------t 0 ~ ! TI &--\ i. l. r 1 1, ®=}-H-~~ t-- 1 -~---=r I I •J I ~ I I -i ·-jtr i ~ ·-r --~--... ~ . . t ~ ~ City of Jefferson Carrie Tergin, Mayor Department of Planning & Protective Services 320 E. McCarty St. J efferson City, MO 65101 February 21, 2023 Dear Property Owner: Phone: 573-634-6410 Fax: 573-634-6457 This letter is to notify you that the Jefferson City Planning and Zoning Commission will meet at 5:15p.m. on Thursday, March 09, 2023 in the Council Chambers of the John G. Christy Municipal Building , 320 East McCarty Street to consider the following matters (see map on back): Case No. P23009-901 Schotthilll Woods Court, Preliminary Planned Unit Development (PUD) Plan. Request filed by Stringer Group, LLC , property owner, for a Preliminary PUD D evelopment Plan to permit construction of a 10,350 square foot warehouse and 3,300 square foot office building. The property is located 1,000 feet east of the intersection of Schotthill W oods Court and Ea stla nd Drive and is described as Lots Nos . 97 & 98, Schotthill Woods Subdivision, Section 4, in the City of Jefferson , Cole County, Missouri. (Central Missouri Professional Services, Consultant). As a nearby landowner and/or neighbor, you are being provided notice of this hearing . Unfortunately, we are unable to record comments received by telephone, however, written comments may be directed to the Planning and Zoning Commission in one of the following ways : e-mail: JCPianning@jeffersoncitymo.gov fax: Dept. of Planning a nd Protective Services I Planning Division 573-634-6457 mail : Dept. of Planning and Protective Services I Planning Division John G . Christy Municipal Building, 320 E. McCarty Street Jeffers on City, MO 65101 Written comments received on or before 1:00 p.m . on the day of the meeting will be made a part of the official record and copied and distributed to Commission members at the meeting . Those unable to provide written comments in advance are invited to deliver their com ments to the Commission Chairman only at the meeting. Correspondence received after 1:00 p.m. on the day of the meeting will be included in the official record, but there is no guarantee that copies will be made for distribution to all Commission members . For your information, this case is tentative ly scheduled for a public hearing in front of the City Council on April 17, 2023. The City Council meets at 6 :00 p .m . in the Council Chambers of the John G. Christy Municipal Building, 320 East McCarty Street. Information regarding this case may be viewed on the Planning and Zoning Commission webpage at: ht tps://www .jeffe rson citym o.qo v/govern menUp la nn inq/planni nq and zoning com miss ion.php Please contact the Planning and Zoning Division via phone at 573.634.6573 with pertinent questions. Best Regards, ~ Kortney Bliss Planne r 1 Individuals s hould contact the ADA Coordinator at (573) 634 -6570 to reques t accommodations or alternative formats as required under the Americans with Disabilities Act. Please allow three bus iness days to process the request. Please call (573) 634-6410 with question s regarding ag enda it e ms. Case No. P23009 901 Schotthill Woods Court Prelim inary PUD Plan for offfice and 185 ft. Notification Buffer warehouse space I contractor trade shop 1- (/) :E ...1 w w I I DEER TRL 0 80 160 320 480 640 ------Foot \ Jefferson City Planning and Zoning Commission Property Owner list case No. P23009 901 Schotthill Woods Court 02/23/23 BACON, GEORGE & MARY 2031 DEER TRL JEFFERSON CITY, MO 65101 2031 DEER TRL MO 65101 BUTLER, MARTHA J 2037 DEER TRL JEFFERSON CITY, MO 65101 2037 DEER TRL MO 65101 CALL, SCOTT L 2049 DEER TRL JEFFERSON CITY, MO 65101 2049 DEER TRL MO 65101 CENTRAL MISSOURI NEWSPAPERS INC PO BOX420 JEFFERSON CITY, MO 65102 2130 SCHOTTHILL WOODS DR MO 65101 COUNTY EMPLOYEES RETIREMENT FUND 2121 SCHOTTHILL WOODS DR JEFFERSON CITY, MO 65101 2121 SCHOTTHILL WOODS DR MO 65101 COX, JOSEPH M & WEBSTER COX, HELEN M 2053 DEER TRL JEFFERSON CITY, MO 65101 2053 DEER TRL MO 65101 DILLON REAL ESTATE CO INC #118 ATTN: PROPERTYTAX 1014 VINE ST7TH FLOOR CINCINNATI, OH 45202 2101 SCHOTTHILL WOODS DR MO 65101 DOLGENCORP INC % DOLLAR GENERAL #1433 100 MISSION RIDGE GOODLETTSVILLE, TN 37072 2114 SCHOTTHILL WOODS DR MO 65101 JOHNSON, JEREMY WAYNE & ·JACKIE MARIE 2041 DEER TRL JEFFERSON CITY, MO 65101 2041 DEER TRL MO 65101 MANKIN, KURT & LISA TRUSTEES 2120 DEER TRL JEFFERSON CITY, MO 65101 2118 SCHOTTHILL WOODS DR MO 65101 PARRIS, KATHLEEN J TRUSTEE 2021 DEER TRL JEFFERSON CITY, MO 65101 2021 DEER TRL MO 65101 RAMELB, TAMI L 2045 DEER TRL JEFFERSON CITY, MO 65101 2045 DEER TRL MO 65101 SIMPLY BEAUTIFUL SALON & SPA L L C 3861 HWY 8 BLAND, MO 65014 2113 SCHOTTHILL WOODS DR MO 65101 STINGER GROUP LL C 2521 E MCCARTY ST JEFFERSON CITY, MO 65101 905 SCHOTTHILL WOODS CT MO 65101 VETTER, LOUIS H & NAOMI J TRUSTEES 1801 E MCCARTY ST JEFFERSON CITY, MO 65101 SCHOTTHILL WOODS DR MO 65101 CITY COUNCIL “PRE-MEETING” WORK SESSION, APRIL 3, 2023 CALL TO ORDER Mayor Carrie Tergin called the April 3, 2023 City Council “Pre-Meeting” to order at 5:46 P.M. to review the agenda. ATTENDANCE The following Councilmembers were present when the meeting convened: Present: Deeken, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward Absent: Fitzwater and Wiseman DISCUSSION OF AGENDA ITEMS Councilmember Fitzwater will lead the prayer. Adoption of the Agenda - Mayor Tergin will request a motion to amend the agenda adding item iv. Real Estate under Closed Session. Presentations from Staff, Consultants & Invited Guests - Shiela Pearre, Director of Finance and I.T. will present the monthly financial update. Consent Agenda - There were no questions at this time.. Bills Introduced - City Staff presented their introduced bills. Eric Barron, City Planning Manager requested RS2022-51 be taken up first as it correlates with introduced bill 2022-116. Councilmembers Fitzwater and Wiseman arrived at 5:49 P.M. - Councilmember Fitzwater will request to suspend the rules on bill 2022-119. - Councilmember Schreiber will request to suspend the rules on bill 2022-120. Bills Pending - City Staff presented their pending bills. Resolutions - City Staff presented their resolutions. - RS2022-51 requires a public hearing which will be at the next City Council meeting. CITY COUNCIL “PRE-MEETING” WORK SESSION, APRIL 3, 2023 Closed Session - A closed session is scheduled for tonight. ADJOURNMENT The meeting adjourned at 5:55 P.M. 1 REGULAR COUNCIL MEETING, APRIL 3, 2023 CALL TO ORDER Mayor Carrie Tergin called the April 3, 2023 City Council meeting to order at 6:01 P.M. ROLL CALL The f ollowing Councilmembers were present for roll-call: Present: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Absent: None ADOPTION OF THE AGENDA Councilmember Schreiber motioned and Councilmember Ward seconded the motion to adopt an amended agenda, adding item iv. Real Estate [Sec. 610.021(2)] under item 21. Closed Session. Resolution RS2022-51 will be taken up before bills introduced. The motion passed unanimously by voice-vote. MISCELLANEOUS AGENDA ITEMS Mayor Tergin presented the “Service Month” Proclamation to Ken Hussey with Serve Jeff City and Janet Wear-Enloe with Mission JC. Mayor Tergin presented the “Fair Housing Month” Proclamation to Blake Werner, President, Jefferson City Board of Realtors. Blake Werner presented the Jefferson City Board of Realtors “Fair Housing” poster contest winners. PUBLIC HEARINGS There were no public hearings at this time. APPOINTMENTS BY THE MAYOR There were no appointments at this time. PRESENTATIONS FROM STAFF, CONSULTANTS & INVITED GUESTS Shiela Pearre, Director of Finance and I.T. presented the City’s monthly financial update. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF City Council committee announcements: • Committee on Administration – There was nothing to report at this time. • Finance Committee – There was nothing to report at this time. • Public Safety Committee – There was nothing to report at this time. 2 REGULAR COUNCIL MEETING, APRIL 3, 2023 • Public Works & Planning Committee –The next meeting is April 13th, 7:30 A.M. in Council Chambers. Mayor announcements: • April is “Soy Month”. Mayor Tergin encouraged citizens to visit the Missouri Soybean Association located in Jefferson City. • Election Day is tomorrow, April 4, 2023. • The City will host a thank you open house recognizing outgoing Mayor Tergin on April 14th, 2:00 P.M. – 4:00 P.M. in Council Chambers. • Mayor Tergin will host a thank you reception on April 13th, 4:30 P.M. – 6:30 P.M. at 325 E. Capitol to thank citizens for the opportunity to serve the City as their Mayor for the last eight years. • The Chamber’s Young Professionals Wine Competition is April 13th, 5:00 P.M. – 8:00 P.M., at Capital Bluffs Event Center. The proceeds will benefit the Special Learning Center. Councilmember Lester announced CMCA’s fundraising event, the Harlem Wizards game scheduled for April 12th at Helias Catholic High School. Tickets are $20.00. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE Octavia Ailsworth announced the following: Virtual Admissions Presentation for New &Transfer Students: For anyone interested in joining the Blue Tiger Family, there will be a virtual admissions presentation for transfer students on Wednesday, April 5 from 6:30pm- 7:30pm and for first time students Thursday, April 13th from 6:30pm-7:30pm on zoom and registration is required. Landing After Hours: On Wednesday April 5, the Missouri States Museum’s “Landing After Hours” program and Lincoln University are partnering to host “Mapping Missouri’s Black Towns and Settlements”. They will discuss the background and vision for their nation-wide Black Towns and Settlements Mapping Project. This is open to the public and will take place from 7:00pm-10:00pm in the Scruggs University Center Ballroom. Free Day: On Friday, April 7, Lincoln University will be closed for a free day. Lincoln University Open Track Meet: We would like to invite everyone to support our Blue Tiger men’s and women’s track and field teams. The open track meets will be all day on Friday, April 7 and Saturday, April 8 at Dwight T. Reed Stadium. First Love Lincoln Easter Service: On Sunday, April 9, First Love church will be holding an Easter Service at 6:00pm in the SUC Blue Tiger Den. An Easter Egg hunt and photos with the Easter bunny will also be included. All are welcome. 3 REGULAR COUNCIL MEETING, APRIL 3, 2023 Softball Field Unveiling: The Lincoln University softball team would like to cordially invite everyone to the unveiling of the Lincoln Softball Field on Tuesday, April 11 at 6:00pm at the softball parking lot overseeing field 1127 Chestnut Street. Please RSVP to Dr. Kevin Wilson at WilsonK2@LincolnU.edu. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS Ron Jordan spoke in favor of bill 2022-112. CONSENT AGENDA a. Minutes of City Council Meetings: March 20, 2023 and March 27, 2023 b. Awarding Bid to Alliance Pump for the Purchase of a Wastewater Effluent Pump in the Amount of $28,713 c. Declaring Surplus and Approving the Sale of Real Estate Located at 1007 Bellevue Ct. in the Amount of $7,923.56 Councilmember Lester motioned and Councilmember Ward seconded the motion to approve the above items on the Consent Agenda. The motion passed unanimously. BILLS INTRODUCED and RS2022-51 RS2022-51 sponsored by Councilmember Lester A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI APPROVING A SPECIAL EXCEPTION USE PERMIT TO OPERATE A COMMERCIAL VEHICLE SERVICE TRUCK STOP/TRAVEL PLAZA FOR PROPERTY LOCATED IN THE 200 BLOCK OF MILITIA DRIVE City Planning Manager Eric Barron presented the resolution. The resolution relates to bill 2022-116. A public hearing is scheduled during the next City Council meeting on April 17th. 2022-116 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 0.15 ACRES OF LAND LOCATED IN THE 7000 BLOCK OF PARTNERSHIP PARKWAY FROM M-2 GENERAL INDUSTRIAL TO PUD PLANNED UNIT DEVELOPMENT AND APPROVING A PRELIMINARY AND FINAL PUD PLAN. 2022-117 sponsored by Councilmember Lester AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 3420 NORTH TEN MILE DRIVE. 2022-118 sponsored by Councilmember Lester 4 REGULAR COUNCIL MEETING, APRIL 3, 2023 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A PRELIMINARY PUD PLAN FOR PROPERTY ADDRESSED AS 901 SCHOTTHILL WOODS COURT. 2022-119 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DEVELOPMENT AGREEMENTS WITH GKS MANAGEMENT LLC. Councilmember Fitzwater requested to suspend the rules and take up bill 2022-119 for third reading and final passage. With no objection, bill 2022-119 was third read by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16327. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-120 sponsored by Councilmember Schreiber AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A SUPPLEMENTAL APPROPRIATION TO THE JEFFERSON CITY POLICE DEPARTMENT AMENDING THE 2022-2023 ANNUAL BUDGET AND AUTHORIZING THE EXPENDITURE OF SUCH FUNDS. Councilmember Schreiber requested to suspend the rules and take up bill 2022-120 for third reading and final passage. With no objection, bill 2022-120 was third read by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16328. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None BILLS PENDING 2022-112 sponsored by Councilmember Schreiber AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING UTILIZATION OF THE SOURCEWELL CONTRACT, 011822-JHK, WITH WHP TRAININGTOWERS™ OF GRANDVIEW, MO, FOR THE PURCHASE, DESIGN, AND INSTALLATION OF A 5-STORY TOWER AND A 2-STORY RESIDENTIAL/INDUSTRIAL FIRE TRAINING FACILITY AT 2304 HYDE PARK ROAD; APPROVING A CONTRACT WITH UDT, LLC, OF ROLLA, MO, TO DEMOLISH THE EXISTING BUILDING; ACCEPTING AN ADDITIONAL CONTRIBUTION OF $200,000 FROM COLE COUNTY 5 REGULAR COUNCIL MEETING, APRIL 3, 2023 ARPA FUNDS; AND APPROVING NECESSARY SUPPLEMENTAL APPROPRIATIONS FROM SALES TAX G GLEANING FUND. Fire Chief Matt Schofield and Consultant/MU Fire and Rescue Training Director Kevin Zumwalt spoke on the bill. Councilmember Schreiber motioned and Councilmember Ward seconded the motion to accept substitute bill 2022-112. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Substitute bill 2022-112 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16329. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-113 sponsored by Councilmember Hensley AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2022 - 2023 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE WASTEWATER ENTERPRISE FUND. Bill 2022-113 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16330. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-114 sponsored by Councilmember Wiseman AN ORDINANCE AMENDING THE PURCHAING CODE RELATING TO ELECTRONIC TABLETS. Bill 2022-114 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16331. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 2022-115 sponsored by Councilmember Fitzwater AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A CONSULTANT CONTRACT WITH STRUCTURAL ENGINEERING ASSOCAITES, INC. AND AMENDING THE FISCAL YEAR 2022-2023 BUDGET OF THE CITY OF 6 REGULAR COUNCIL MEETING, APRIL 3, 2023 JEFFERSON, MISSOURI, BY APPROPRIATING ADDITIONAL FUNDS WITHIN THE PARKING FUND. Bill 2022-115 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 16332. Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None INFORMAL CALENDAR There were no bills on the informal calendar.. RESOLUTIONS RS2022-51 Taken Up Under Bills Introduced. RS2022-52 sponsored by Councilmember Kemna A RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A TAX-EXEMPT LEASE PURCHASE AGREEMENT WITH CENTRAL BANK FOR CERTAIN PARKS EQUIPMENT Todd Spalding, Director of Parks and Recreation, presented the resolution. Councilmember Ward motioned to adopt RS2022-52. Councilmember Lester seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None Abstain: Kemna (Conflict due to employment with Central Bank.) RS2022-53 sponsored by Councilmember Fitzwater A RESOLUTION REMOVING THE CHESTERFIELD HOTELS/ARCTURIS TEAM AS MASTER DEVELOPER FOR THE MISSOURI STATE PENITENTIARY REDEVELOPMENT PROJECT AND PROVIDING FURTHER INSTRUCTION Ryan Moehlman, City Attorney, presented the resolution. Mayor Tergin highlighted the progress made to date on the MSP Redevelopment Project. Councilmember Fitzwater motioned to adopt RS2022-53. Councilmember Spicer seconded the motion. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS 7 REGULAR COUNCIL MEETING, APRIL 3, 2023 There were no presentations at this time. COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS There was no discussion at this time. NEW BUSINESS It was decided a process for determining who will fill Mayor-Elect Fitzwater’s Fourth Ward Seat will be decided by the new City Council. APPROVAL OF MARCH 20 AND MARCH 27, 2023 CLOSED SESSION MINUTES Councilmember Spicer motioned, and Councilmember Wiseman seconded the motion to approve the March 20 and March 27, 2023 Closed Session Minutes. The motion passed by the following roll-call vote: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None 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 7:26 P.M. 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)] ii. Preparations, Including any Discussion or Work Product, on Behalf of a Public Governmental Body or its Representatives for Negotiations with Employee Groups [Sec. 610.021(9)] iii. Negotiated Contracts [Sec. 610.021(12)] iv. Real Estate [Sec. 610.021(9)] A motion was made by Councilmember Schreiber to go into Closed Session for the above- stated reasons, seconded by Councilmember Ward and approved by the following roll-call vote at 7:27 P.M.: Aye: Deeken, Fitzwater, Hensley, Kemna, Lester, Schreiber, Spencer, Spicer, Ward, and Wiseman Nay: None CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item B SUBJECT: Authorizing Sole Source Contract with Rush Truck Center for City Vehicle and Equipment Parts-Central Maintenance , DATE CONSIDERED: April 17, 2023 DEPARTMENT DIRECTOR(S): __ --r--"-~P'-L~......::...,_:.......L"-1.'-----.,~------­ CITY ADMINISTRATOR:~f/;~~=:=:4~~~4~------- Staff recommends purchasing parts for the heavy-ty International trucks from Rush Truck Centers of Missouri , Inc., previously, Scheppers International Truck Center, Jefferson City , MO . Purchases from Scheppers has been determined and approved to be a sole source due to Scheppers being the only parts distributor for Internationals in Jefferson City. Scheppers has been bought out by Rush Truck Centers of Missouri , Inc. The sole source determination is now applied to Rush Truck Centers . While there are other distributors , using another distributor would cause delays in repairing vehicles and would close a bay preventing other vehicles from being worked on while waiting for parts. The City currently receives a discount of an average of 50 % off the list price for most parts . Based off the last five fiscal years , the City has spent an average of $77 ,376 per year with Rush/Scheppers. Public Works is the main department that purchases from Rush. Parks Department also makes purchases from Rush. All purchases are on an as needed basis. This item would be funded with Account 10-535-541010 -Vehicle and Equipment Parts, Etc., Public Works Central Maintenance Fund. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Sole Source Procurement-Rush Truck Centers of Missouri, Inc. (Scheppers International Truck Center); Approved 3/8/21 Public Works -Central Maintenance RECOMMENDATION: Staff recommends purchasing parts for the heavy-duty International trucks from Rush Truck Centers of Missouri , Inc., previously, Scheppers International Truck Center, Jefferson City , MO. Purchases from Scheppers has been determined and approved to be a sole source due to Scheppers being the only parts distributor for Internationals in Jefferson City. Scheppers has been bought out by Rush Truck Centers of Missouri , Inc. The sole source determination is now applied to Rush Truck Centers. While there are other distributors, using another distributor would cause delays in repairing vehicles and would close a bay preventing other vehicles from being worked on while waiting for parts . The City currently receives a discount of an average of 50% off the list price for most parts. Based off the last five fiscal years, the City has spent an average of $77,376 per year with Rush/Scheppers . Public Works is the main department that purchases from Rush . Parks Department also makes purchases from Rush . All purchases are on an as needed basis . SOLE SOURCE PROCUREMENT: Rush Truck Centers of Missouri , Inc, Jefferson City, MO Average Yearly Spend Amount $77,376 FISCAL NOTE : r '•' ,. ;"ll·;,r_'t:-! Expended or Estimated Account FY 2023 Encumbered Spend Number D escription Budge ~ tl Amount Amount, Balance Vehicle and Eq uipment 10-5 35-541010 Parts, Et c., Public Works $393,400.00 $1 06,257 .84 $39,168.00* $247,974.16 Central Maintenance General Fund Prorated Estimated Remaining FY23 Spend Amount $39,168 *Prorated amount (Apnl-October), $40,641 .12 already ex pended w1th Rush/Scheppers PAST PERFORMANCE: This is a sole source procurement approved by the City Administrator. ATTACHMENTS-SUPPORTING DOCUMENTATION s;gnatur~tJ C!.ov ~ Chc;sing Agent {/ 4/5/23 .• City of Jefferson Rnanca Department, Purcha$/ng Dlv. 320 E. McCarty St. Room 202 Jefferson City, MO 851()1 TO: Steve Crowell City Administrator MEMORANDuM FROM: Leigh Ann Corrig~ ~ Purchasing Agent r· DATE: March 8, 2021 Carrie Tergin, Mayor l.elgh Ann Corrfgan Purchasing Agent Scheppers Inte rn atio n a l T ru c k Center was bo ug ht o ut by Ru s h T ru ck Cente rs of M issou r i, In c approxim ate ly Novem be r 2022 RE: Sole Source -Scheppers International Truck Center We are requesting to establish Scheppers International Truck Center, Jefferson City, MO as a sole source provider for parts for the City's International and Frefghtliner trucks. In past years, Cole County would issue a bid that would include parts for the heavy-duty trucks and it has always gone to Scheppers. No other vendor bid on parts for the Internationals. This year, they either didn't bid to Scheppers or Scheppers did not respond to their bid. Craig Vaughan has spent several hours searching the internet for other viable vendors and has not been able to find one. There are other dealers that could provide OEM parts, but none that can provide the parts the same day and deliver them to us. The next closest dealer is in Columbia. CM would have to have staff drive to Columbia to pick up parts or wait a few days to get the parts which puts the vehicle out of commission for a longer period. By using Scbeppers, CM can keep staff working on vehicles UJ?.til the parts are delivered. Scheppers currently gives the City a discount of an average of 50% off list price for most parts . Please indicate if you approve or decline this request for a sole source purchase . Thank you. ~htW Date: T J f/ 2/ r 1 Decline: --------- CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item C SUBJECT: Award Bid IFB4123-03/23-Influent/Effluent Sampling 2023-to Teklab , Inc. Staff recommends awarding bid IFB4123-03/2 -Influent/Effluent Sampling 2023 to Teklab, Inc. Due to inaccurate and late testing results in addition to fees and charges two to twelve times the value quoted, Staff requested to rebid outside testing . Funds will come from the Wastewater Enterprise Fund Account 64-670-524050 Lab & Sampling. PAST PERFORMANCE: Teklab , Inc. has provided positive service with respect to time of results , accuracy , methods, and availability of reporting data . In addition, they have invo iced the City precisely what they have quoted. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid IFB4123 -Influent!Effluent Sampling 2023 Public Works, Wastewater Division -Opened April6, 2023 RECOMMENDATION: Staff recommends the award of bid IFB4123 for influent/effluent sampling to Teklab, Inc. of Collinsville, Illinois. This bid was evaluated by Public Work's staff and is deemed as the lowest and best. Public Works has recently worked with this vendors a small amount and has had positive results. This award is for one year with two one-year renewal options. Yearly expenditures are estimated to be approximately $52,156.17. BIDS RECEIVED: Teklab, Inc, Collinsville, IL Pace Analytical Services, Lenexa, KS This bid was advertised in the News Tribune on March 22 , 2023 and posted on Bonfire. Bid notifications were sent to 253 vendors and we had nine document takers. FISCAL NOTE: Account Number Description FY 2021 Budget 64-670-524050 Lab & Sampling, Wastewater $74,307.75 Fund *Prorated amount for the remaining of the fi sc al year. ATTACHMENTS -SUPPORTING DOCUMENTATION Signature:~~ UfJnv{:Jt:Jt -4> PUl'a;ing Ag~ tJ 4/ll lfr Expended or Encumbered Bid Amount Balance Amount $23,143 .04 $42,221.00* $8,943.71 # rr #1 -1 #1-2 #1-3 #1 -4 #1-5 #1 -6 f) 112 -1 112 -2 112 -3 #2 -4 #2 -5 #2 -6 #2 -7 112-8 #2 -9 #2 -10 #2 -11 #2 -12 112-13 #2-14 #2 -15 #2 -16 #2-17 #2-18 #2-19 112-20 11 2-21 #2-22 #2-23 #2-24 #2 -25 #2-26 #2 -27 #2 -28 Bid Tabulation IFB4123 -Influent /Effluent Sampling 2023 Bid Opening -April 6, 2023 Estimated Quantity Pace Analytical Items Req.uired Year One Year Two Year Three Oil and Grease, mg/L (SBR Eft m onthly, Algoa Qrtly) 20 $47.25 $51.36 $55.82 Wet Test , Whole Effluent To xicity Test (an nu al, refer to pe rm it if Acu t e or Chro nic req ui red) 1 $805 $1,900.00 $951 .09 Ammonia (SBR 2/mnt; Algoa Eff/monthly, lnf/Qrtly) 4 0 $22 $23.91 $25.99 Nitri t e+Nitrat e(SBR 2/mnt; Algoa lnf and Eff/ Qrtly) 32 $20 $21.74 $23.63 Total Pho sp (SB R 2/mnt ; Algoa lnf and Eff/ Qrtly) 32 $35 $38.04 $41.35 TKN (SBR 2/mnt; Algoa lnf an d Eft/ Qrtly) 32 $27.50 $29.89 $32.49 Cyanide (m i nimum of semiannual, addt'l as n eeded) 8 $36.75 $39.95 $43.42 Cadmium (minimum of semiannual, addt'l as needed) 8 $8.40 $9.13 $9.92 Chromium (mini mum of semiannual, addt'l as needed) 8 II $8.40 $9.13 $9.92 Copper (minimum of semiannual, addt'l as needed) 8 $8.40 $9.13 $9.92 Le ad (minimum of semiannual, addt'l as needed) 8 $8.40 $9.13 $9 .92 Nick el (m inimum of semian nual, ad dt'l as needed) 8 II $8.40 $9 .13 $9 .92 Silver (minimum of semiannual, addt'l as needed ) 8 $8.40 $9.13 $9 .92 Zinc (m i nimum of se miannual, addt'l as needed) 8 $8.40 $9.13 $9 .92 BOD (5 industries + 6 airport stormwater) 11 $36.75 $39.95 $43.42 TSS (5 industries+ 6 airport stormwater) 11 $20 $21.74 $23.63 0 & G (Semi INF + 5 industries+ 6 airport stormwater) 15 $47.25 $51.36 $55.83 eco li (Eft as needed) 12 $75 $81.52 $88.61 MDNR Part D Expanded Testi ng Scan 2 II $310 $336.96 $366.26 Arse nic (minimum of sem i ann ual, addt'l as needed) 8 $8.40 $9 .13 $9 .92 Mercury (mini mum of sem ian nual , addt'l as needed) 8 $26.25 $2 8.53 $31 .01 Phenol s (minimum of semiann ual , addt'l as n eeded ) 8 $31.50 $34.24 $37.22 Iron (minimum of se m ia nnual , addt'l as needed) 8 $8.40 $9.13 $9.92 Manganese (min. of semiannual , addt'l as needed) 8 $8.40 $9.13 $9.92 Molybdenum (min. of se miannual , addt'l as need ed) 8 $8.40 $9 .13 $9.92 Seleni um (m i ni mum of semiannual, addt 'l as needed) 8 $8.40 $9 .13 $9.92 BTEX (minimum of semian nual, addt'l as needed) 8 $42 $45.65 $49.62 Surfa ct ants (semian nua l + 5 industries) 13 $73.50 $79.89 $86.84 COD (airport 2/mont h for 3 months) 6 $33 $35.87 $38.99 Ethyl benzene (airport 2/month f or 3 months) 6 $42 $45.65 $49.62 Chloride (airport 2/month for 3 months) 6 $20 $21 .74 $23.63 Ammonia (airport 2/month for 3 months) 6 $22 $23.91 $25.99 Nitrate (airport 2/month for 3 months) 6 $20 $21.74 $23.63 Total Nitrogen (5 industries) 5 $20 $21.74 $23.63 Tekl ab, Inc. Yea r One Year One Total Year One Year Two Year Three Total $945 .00 $44 .20 $45 .50 $47.80 $884.00 $805 $1,236.10 $1,236.10 $1,236.10 $1,236 .10 $880 $23 .40 $24.10 $25.30 $936 .00 $640 $31.20 $32.10 $33.75 $998.40 $1,120.00 $33.40 $34.40 $36.10 $1,068.80 $880 .00 $36.10 $37.20 $39 $1,155.20 $294 .00 $42 $43.25 $45.40 $336 $67.20 $13.40 $13.80 $14.50 $107 .20 $67.20 $13.40 $13.80 $14.50 $107.20 $67.20 $13.40 $13.80 $14.50 $107.20 $67.20 $13.40 $13.80 $14.50 $107.20 $67.20 $13.40 $13.80 $14.5 0 $107.20 $67 .20 $13.40 $13.80 $14 .50 $107.20 $67 .20 $13.40 $13.80 $14.50 $107.20 $404.2 5 $26.70 $27.50 $28.90 $293 .70 $220 $19.40 $20 $21 $213 .40 $708.75 $44 .20 $45 .50 $47 .80 $663.00 $900 $48 .70 $50 $52 .50 $584.40 $620 $310.35 $319 .60 $335 .60 $620 .70 $67.20 $13 .40 $13.80 $14.50 $107 .20 $210.00 $26.25 $27 $28.40 $210.00 $252.00 $33.40 $34.40 $36.10 $267 .20 $67.20 $13.40 $13.80 $14.50 $107 .2 0 $67.20 $13.40 $13.80 $14.50 $10 7.20 $67.20 $13.40 $13.80 $14.50 $107.2 0 $67.20 $13.40 $13.80 $14.50 $107.20 $336 $58.80 $60.50 $63.60 $47 0.40 $955 .50 $73.60 $75.80 $79.60 $956.80 $198 $23.10 $23.80 $25 $138 .60 $252 $58.80 $60.50 $63.60 $352 .80 $120 $19.30 $19.90 $20.90 $115 .80 $132 $23.40 $24.10 $25.30 $140.40 $120 $31.20 $32.10 $33.75 $187.20 $100 $67.20 $69.20 $72.70 $336.00 Pace Analytical Teklab, Inc. Estimated Quantity Year One Year One It Items Required Year One Yea r Two Year Three Total Year One Year Two Year Three Total #2 -29 Total Phosphorous (5 industries) 5 $35 $38.04 $41.35 $175 $33.40 $34.40 $36.10 $167 .00 #2-30 PFAS (annual) 1 $399 $433.70 $471.41 $399 $395 $405 $425 $395 #2-31 TTO/PP (as needed) 1 $808.25 $878.53 $954.93 $808.25 $669.10 $689 .20 $723.60 $669 .10 #3-1 Total Cadmi um, mg/kg, (monthly) 12 $8.40 $9.13 $9.92 $100.80 $13.40 $13.80 $14.50 $160.80 #3 -2 Total Chromi um, mg/kg, (monthly) 12 $8.40 $9.13 $9.92 $100.80 $13.40 $13 .80 $14.50 $160.80 #3 -3 Total Copper, mg/kg, (monthly) 12 $8.40 $9 .13 $9 .92 $100 .80 $13.40 $13 .80 $14.50 $160.80 #3 -4 Total Lead , mg/kg, (monthly) 12 $8.40 $9 .13 $9 .92 $100 .80 $13.40 $13 .80 $14.50 $160.80 #3 -5 Total Mercury, mg/kg, (monthly) 12 $26.25 $28.53 $31.01 $315.00 $13.40 $13 .80 $14.50 $160.80 #3 -6 Total Molybdenum, mg/kg, (monthly) 12 $8.40 $9 .13 $9 .92 $100.80 $13 .40 $13 .80 $14 .50 $160.80 #3 -7 Total Nicke l, mg/kg, (monthly) 12 $8.40 $9 .13 $9.92 $100.80 $13.40 $13.80 $14.50 $160.80 #3 -8 Total Selenium, mg/kg, (monthly) 12 $8.40 $9 .13 $9.92 $100.80 $13 .40 $13.80 $14.50 $160.80 #3 -9 Total Zinc, mg/kg, (monthly) 12 $8.40 $9 .13 $9 .92 $100.80 $13.40 $13.80 $14.50 $160.80 #3 -10 Percent Solids, (monthly) 12 $8.40 $9 .13 $9.92 $100.80 $5.10 $5.50 $6 $61.20 #3 -11 Percent Volatile Sol ids (monthly) 12 $20 $21.74 $23.63 $240 $24.30 $25 $26.30 $291.60 #3 -12 Total Nitrogen, mg/kg, (monthly) 12 $20 $21.74 $23 .63 $240 $67.20 $64.60 $67.80 $806.40 #3 -13 Ammonia Nitrogen, mg/kg, (monthl y) 12 $22 $23.91 $25.99 $264 $35 $36 $37.85 $420 #3 -14 Ni trate Nitrogen, mg/kg, (monthly) 12 $20 $21.74 $23 .63 $240 $51.90 $53.50 $56.10 $622.80 #3 -15 Total Phosphorus, mg/kg, (monthly) 12 $35 $38.04 $41 .35 $420 $13.40 $13.80 $14.50 $160 .80 #3-16 Total Potassium, mg/kg, (monthly) 12 $8.40 $9.13 $9 .9 2 $100.80 $13.40 $13 .80 $14.50 $160.80 #3-17 Total Arsenic, mg/kg, (monthly) 12 $8.40 $9.13 $9 .92 $100.80 $13.40 $13 .80 $14.50 $160.80 #3 -18 TKN Nitrogen, mg/kg, (monthly) 12 $26.25 $28.53 $31.01 $315.00 $37.10 $38.20 $40.10 $445 .20 #3 -19 Metal preparation (monthly) 12 $0 $0 $0 $0 $0 $0 $0 $0 #3 -20 Pesticides and PCBs-Priority Pollutants -1 per yr 1 $155 $168.48 $183.13 $155 $173.2 0 $178.40 $187.30 $173.20 #3 -21 Semi volatile Organics-Pr iority Pollutants-1 per yr 1 $215 $233.70 $254.02 $215 $196 $202 $213 $196 #3-22 Volati le Organics-Priority Pollutan ts -1 per year 1 $95 $103.26 $11 2.24 $95 $114.35 $117 .80 $123.70 $114.35 #3-23 Toxicity Characteristic Leach i ng Procedure-1 per year 1 $57.57 $62.58 $68.02 $57.57 $993 $1 ,022.00 $1,074.00 $993 #3-24 TTO/PP -any parameters not i ncluded in metals 1 $740 $804.35 $874.29 $740 $483.55 $498 $523 $483.55 #3-25 PCB (monthly min., up to 4 per week) 12-208 per year 12 $73.50 $79 .89 $86.84 $882.00 $72.80 $75 $78.75 $873.60 #3-26 PFAS (Annual) 1633 Method 1 $439 $477.17 $518.66 $439 $395 $405 $425 $395 #4 -1 Effluent Sam pler-S hall be su pplied as needed/if needed 1 No Bi d No Bid No Bid No Bid $150 $175 $1 75 $150 Vender shall d eli ver and pick up samples if requested -Round Trip #4 -2 Charge 1 $65 $70.65 $76.80 $65 $125 $125 $125 $125 Department of Public Works Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.641 0 • F: 573.634.6562 • www.jeffcltymo.org Date: April 11, 2023 To: Leigh Ann Corrigan, Purchasing Agent Through: Matt Morasch, P.E. Director of Public Works From: Eric Seaman, P.E. Wastewater Division Director Subject: IFB4123-03/23 -Influent/Effluent Sampling 2023 Staff has reviewed the bids received for Influent/Effluent Testing (IFB4123-03.23). While most of the line items PACE quotes are less in value, we have all of these concerns about PACE Laboratory based on the current contract: • Samples tested improperly • Samples reported inaccurately • Other Samples mixed up and tested improperly • No apparent Quality Control/Assurance • Lack of integrity in billing. Charges are two to twelve times their quote. We recommend Teklab, Inc. as they have provided testing on time, accurately and they invoice based on their actual quote. Funds will come from the Wastewater Enterprise Fund Account 64-670-524050 Lab & Sampling C:\Us~rs\lcorrigan\AppData\locai\Microsoft\Windows\INetcache\Content.Outlook\5LVONRZ4\memo to purchasing-wwp-influent-effluent samphng.docx CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item D SUBJECT: Approve the Use of the Omnia Partners Contract R191802 with Allsteel . Inc .. via Cooperative Procurement , DATE CONSIDERED: April 17. 2023 DEPARTMENT DIRECTOR(S): ----t;;.~;,.,w===-.:.....::........::... _________ _ CITY ADMINISTRATOR: __ rifL-==--=:........,?-J:.~~~;.L---------- Staff recommends utilizing the Omnia Partners tract R191802 with Allsteel, Inc., for the purchase and installation of office furniture which will replace the existing furniture. The Police Department will utilize Samco of Jefferson City, Missouri , which is Allsteel's local dealer . Approval of this consent agenda item would allow the Police Department to purchase from Samco Business Products utilizing the contract procured by Omnia Partners . This item would be funded with Account 46-990-575010-Police Renovations and Upgrades -Sales Tax H. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Cooperative Procurement – Omnia Partners, Contract R191802 Police Department – Opened by Omnia Partners December 11, 2020 RECOMMENDATION: Staff requests approval to utilize the Omnia Partners contract, R191802, with Allsteel, Inc., for the purchase and installation of office furniture (desks, overhead cabinets, etc.) replacing the existing furniture. The Police Department will be utilizing Allsteel’s local dealer, Samco of Jefferson City, Missouri. The Ominia Partners’ contract was competitively bid and vendors were evaluated and ranked. Allsteel ranked number 6th out of 22 bids evaluated; 44 bids were received. Staff chose this vendor because they provide the same equipment as what has already been installed and will keep the furniture consistent throughout the building. Total cost is $60,160.81. FISCAL NOTE: Account Number Description FY 2023 Budget Expended or Encumbered Amount Quote Amount Balance 46-990-575010 Police Renovations and Upgrades – Sales Tax H $284,555.00 $74,848.33 $60,160.81 $149,545.86 Bid Total $200,676.76 ATTACHMENTS – SUPPORTING DOCUMENTATION Signature: ______________________________ Purchasing Agent 4/7/23 CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item E SUBJECT: Award $50,000 Contract to H3 Studio for Historic Preservation Design Guidelines DATE CONSIDERED: April17 . 2023 DEPARTMENT DIRECTOR(S): _____ __,l_:J4:£__=----~~"-"'-~------ CITY ADMINISTRATOR: ~ 1(14&-o--/~ The City of Jefferson was awarded $50,000 through the Historic Preservation Fund to procure a consultant to produce Design Guidelines. H3 Studio was selected as the consultant through a competitive bid process . H3 Studio will develop Design Guidelines in conjunction with input from the Historic Preservation Commission and the public to establish the architectural character context of the historic district and historic neighborhoods . The design guidelines will assist individuals , businesses, architects, designers, as well as the Historic Preservation Commission, in making consistent and objective decisions involving work and development within historic districts , local landmarks, and historic neighborhoods . The Design Guidelines will help facilitate the ongoing economic revitalization of the historic areas of Jefferson City . The Design Guidelines shall be based on the Secretary of the Interior's Standards for Rehabilitation . Examples in the new Design Guidelines should incorporate actual historic resources located within Jefferson City to the greatest extent possible and appropriate , or, if a resource needed to illustrate or explain an idea is not present locally, a resource as similar in type , material , and/or style to local examples should be used. The grant amount is $30,000 with a $20 ,000 match coming from 10-530 staff salaries (1 0-530 -501020 through 502070). Please contact Rachel Senzee at rsen zee@ jeffersoncitymo.gov or 573-634 -6305 for questions. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid RFP4116 – Design Guidelines for Jefferson City Planning and Protective Services – Opened March 2, 2023 RECOMMENDATION: Staff recommends the award of bid RFP4116 for the development of design guidelines of Jefferson City to H3 Studio of St Louis, Missouri. These services were originally bid under RFP4103, closing on February 2, 2023 but no proposals were received. The services were rebid under RFP4116 and three proposals were received. These proposals were evaluated by Planning and Protective Services’ staff and awarded to the lowest and best proposal. The total contract amount is $50,000. BIDS RECEIVED: Bid Amount H# Studio, St Louis, MO $50,000.00 PaleoWest, New York, NY $49,537.00 Studio GWA, Rockford, IL $49,964.00 Thomason & Associates No Bid This bid was advertised in the News Tribune on 01/11/23 and posted on Bonfire. Bid notifications were sent to 309 vendors of which we had 17 document takers. FISCAL NOTE: Account Number Description FY 2023 Budget Expended or Encumbered Amount Bid Amount Balance 10-530-550039 Historic Preservation Grant Funds $50,000.00 $67.50 $50,000.00 -$67.50* Bid Total $50,000.00 *Note – a budget adjustment will be submitted to increase the account by $67.50. ATTACHMENTS – SUPPORTING DOCUMENTATION Signature: ______________________________ Purchasing Agent 4/11/23 CITY OF JEFFERSON C ONTRACT FOR PROFE SS IONAL SERVICES THIS CONTRACT, m a d e a nd e nte red into th e d ate last execute d by a party as indicated below, by and betwe en the City o f J effer son , a munic ip a l cor porati o n of the State of Mi ssouri , h e reinafte r refe rred t o as "C ity", a nd th e H3 St udi o, In c., he re in after refe rred to as "Contractor". WITNESSETH: THAT WHEREAS, th e C ity d es ir es to e nga ge th e Co ntract or to rend e r certain c o ns ulta nt serv ic es to create Design G uid e lin es, he re inafter desc rib e d in Exhib it A. WH EREAS , Contracto r has m ade cert ai n representat io ns and s tate ments t o the C ity w ith res p ect to th e provis ion of s uc h serv ices and th e C ity ha s accepted sa id proposal to enter into a contract with th e Contractor for th e perfo rm a nce of ser vices by the Contracto r. NO W TH E REFORE, for the considerations here in expressed, it is agreed by and between the C ity a nd the Cont racto r as fol lows: 1. Scope of Services. Contracto r agrees to provide a ll s up erv is io n, labor, tools, e quipme nt, materia ls and s uppli es for consulta nt services to develop Desig n G u id e lin es, as set fo rth in Ex hibit A. In t he event of a confli ct b etween thi s agreement and any attached exhibits, t he provis io ns of thi s agreement s hal l govern and p revail. 2. Payment. Th e C ity h e re by agrees t o pay Contractor for t he work done pursu ant to thi s cont ract acco rdin g t o the p aym e nt sche dul e set fmth in th e contrac t d ocum e nts up o n acce p tance of s aid work by an Agent of th e Department o f Planning and Protectiv e Serv ices, a nd in acc o rdance w ith t he rat es a nd /or a mounts state d in the bid of Contractor dated Marc h 2 , 2 0 23 , w hi ch are by re fe re nce made a part he reof. No partial payme nt to Contracto r s h a ll o pe rate a s a pprova l o r acceptance of work d o n e o r ma teria ls furni s he d here und er. No c hange in com pe nsa ti o n shall be made unl ess t he re is a s ub st a nti a l a nd s ig nifi ca nt d ifference betwee n the work o riginally con te m plated by t hi s agreeme nt a nd th e work actua ll y required . T he to tal amo unt for ser v ic es rend e red und e r thi s co ntract s ha ll not exceed F i fty Thou sa nd D o ll a rs a nd Zero C ents ($5 0 ,000.00). 3. Term. Thi s contract s hall commence o n the date last executed by a party as indi cat ed b e low. The Contractor s ha ll prov id e s uc h hi stori ca l a nd/o r a rc hi tectu ra l services as set fort h in Exhibit A , by February 29, 2024. 4. Additional Services. T he City m ay add to Contracto r serv ices or de lete th ere from activiti es o f a s imilar nature to th ose set forth in Ex hibit A, provided that th e total cost of s uc h wo rk d oes n o t exceed th e total cost a ll owance as s pecified in pa rag raph 2 hereof. T he Contractor s ha ll undertake s uch c hanged a c tivities only upon the direction of the City. A l l s uc h directives and changes s h a ll be in written for m and approved by th e C ity a nd s ha ll b e accepted a nd counters ig n ed by th e Contractor o r its agreed re presentatives. 5. Pe•·sonnel to be Provided. T he Contractor represents that Contrac tor has or w ill secure a t its expense a ll person ne l req uired to perform th e services call ed fo r und e r this contract by t he Con tractor. Such p e rson nel s hal l n o t be em pl oyees of or have a ny contractual relations hip w ith th e C ity except as em pl oyees of the Contractor. Al l o f the serv ice s required h e re unde r wi ll be perfo rm ed by th e Contracto r or und e r th e Contractor's direct superv is io n a nd a ll pe rsonnel e ngaged in the wo rk s ha ll be fully qualified a nd shall be a uth ori zed under state a nd loca l law to perform s uc h se rvice s. No ne of th e wo rk o r se rv ices covered by thi s contract sha ll be s ub co n tracted except as prov ided in Ex hibit A w ith o ut th e writte n a pprova l of the C ity. 6 . Contractor's Responsibility for Subcontt·actors. It is furth er agreed th at Co ntracto r sha ll be as full y responsib le to th e C ity fo r the acts a nd o mi ss io ns of it s su bco ntractors, and of pe rso n s e ith er di rectly or indirectl y emp loyed by the m, as Contractor is fo r the acts a nd o mi ss io ns of persons it dire ctl y emp loys. Contracto r sha ll ca use appro pri ate provi s ion s to be in se1ted in a ll s ub con tra c ts re latin g to thi s wo rk, to bind al l s ubc o ntractors to Co ntractor by a ll the te rm s here in set fott h, in sofa r as a pp li ca bl e t o th e work of s ubcontractors a nd to give Co ntracto r the same power rega rdin g te rmin ation o f a ny s ubc o nt ract as the C ity may exercise ove r Co ntra ctor und e r a ny prov is ions of t hi s contract. Noth in g cont a in ed in thi s contract sha ll c reate any con tractual re latio ns be tween any s ub co ntractor a nd the C ity o r between any s ub co ntracto rs. 7. Independent Co ntract o r. The Contracto r is a n ind e pend e nt contrac tor and nothi ng he re in s ha ll co nstitute o r d es ig nate th e Contracto r o r a ny of its e mpl oyees as agents or emp loyees of the City. 8. Benefits not Available. The Co ntracto r shall not be entitle d to a ny of the be nefits esta bli s hed fo r the employees of the C ity a nd sha ll no t be covere d by the Workm e n's Compensati o n Program of th e C ity . 9. Nondiscrimination. T h e Co ntr actor agrees in the p e rfor man ce of th e co ntract not to di sc riminate o n the g ro un ds or b eca use of race, c reed , color, nati o na l o ri g in or a ncestry, sex, re li g ion , handi cap, age or polit ical affi l iation , again st any e mpl oyee o f Contractor o r appl icant for employment a nd sha ll in c lude a s imil a r prov is ion in a ll sub contracts let o r award ed hereunder. 10. Illegal Immigration. Pri or to commencement of the wo r k: a . Contractor s ha ll , by swo rn affida v it a nd prov is ion of docum e ntatio n, affirm its enro llm e nt a nd parti c ipat ion in a federa l wo r k autho ri zation program w ith res pect to the e mplo yees wo rkin g in conn ectio n wit h th e co ntracted serv ices. b. Contractor sha ll sign an affi davit affirmin g that it does not kn ow ingl y e mplo y any pe rson who is a n unauth ori zed a li e n in conn ecti o n with the co ntrac ted services. c. If Co ntr actor is a so le pro pri eto rship , partn ers hip, o r limi ted pa ttnership, Co nt racto r s ha ll provid e pro of of c iti zens h ip o r lawfu l prese nce of the ow ner. 11. N otice to Proceed. T he serv ices o f the Co ntractor s ha ll commence up o n executi on ofthi s Agreement, a nd sha ll be und e rtak e n an d compl e ted in accorda nce with the schedu le cont a in e d in Exhibit A. 12. Tet·mination. If, thro ug h any cause, the Contractor shal l fai l to fu lfill in tim e ly a nd pro pe r man ner it s ob li gation s und er thi s contract, o r if th e Contracto r sha ll vio late an y of the covenants , agreements, or stipu lations of thi s co ntract, the City s ha ll t he reup o n have th e right to te rminate this contract by g iv in g written noti ce to the Contracto r o f s uc h term in atio n a nd s pec ifying the effecti ve date th e reof, at least five (5) day s befo re the effecti ve day o f such te rmin atio n. Th e C ity re se rves the ri g ht to te rminate thi s co ntract for conven ien ce by giv in g at least fouttee n (14) d ays pri or writt en notice to Contracto r, with o ut prejudice to any other r ight s o r re me di es of th e C ity, provid e Contractor s ha ll be e nt itl ed to pa y ment for a ll work completed by Co ntrac tor th rough th e date of tennin at io n . T he Contracto r may w ith out cause term in a te thi s con tract up o n 30 days prior written notice. In eithe r s uc h event a ll finished o r unfinis h ed documents, d ata, studi es, s urveys, draw in gs, m aps, m odels , photogra phs , an d reports o r other materials prepared by the Contractor unde r thi s contract s hall , at the optio n of the C ity, become its property, a nd the compensat io n for any satisfactory work compl eted o n s uc h d ocum ents and othe r materials s ha ll be d etermin ed. Notw iths t a nding t he above, the Contractor s ha ll not be re li eved o f li abi li ty to th e C ity for damages s usta ined by the C ity by v irtu e of any s uc h breach of contract by the Contractor. 13. Waive r of Breach. Fai lure to in s is t upon stri ct compliance w ith any ofth e terms covenants o r conditio ns h ere in s hall n ot be deemed a waiver o f any s uch term s, covenants o r cond iti o ns, n o r s ha ll a ny fai lu re at o ne or more times be deemed a wa iver o r re linqui s h ment at any other t im e or tim es by any ri ght unde r the terms, covenants o r cond iti o ns herein. 14. Authorship and Enforcement. Pa rti es agree that the prod uction of thi s docum ent was the j o int effort of both parti es and th at the contract s ho uld not be construed as havin g b een drafted by e ith e r pa rty. In the event that t he City successfull y enforces the te rm s of thi s contract through liti gation, t he C ity s ha ll be e ntitl ed to receive, in add iti on to any other re l ief, its reasonab le attorney's fees, expenses a nd costs. 15 . Sevet·ability. If any sect ion, s ub sectio n, sentence, or c la use of thi s contract s ha ll be adj ud ged ill ega l, invalid, o r unenforceab le, s uc h ill egali ty, inva li dity, o r unenforceab ili ty s ha ll n ot affect th e legali ty , va lid ity, o r e nforceab i I ity of the contra c t as a w ho le, or of a ny section, s ubsection, sentence, c la u se, o r attachment not so adjudged. 16. Assignme nt. T h e Contra ctor s h a ll not assign a ny interest in th is con tract, and sha ll not transfer any inte rest in the same (whethe r by assignment o r novatio n), without prior written consent of t he C ity thereto . Any s uc h ass ig nm e nt is express ly s ubj ect to a ll ri g h t s an d re m ed ies of the C ity under this agreement, in c luding the right to change or delete activ iti es from th e contract or to te rminate th e same as provid ed he re in , a nd no s uc h ass ig nm e nt sha ll require the C ity to g ive a ny n otice to any s uch assignee of any actions wh ich the C ity may take und er thi s agreement, thou g h C ity will attempt to so notify any s uc h assignee. 17. Existing Data. A ll info rm a ti o n , data and re po rts as are ex is ting, avai lab le and necessary for th e carryin g out of the work, s ha ll be furnis hed to t he Contrac to r without c harge by the C ity, a n d the C ity sha ll coop e rate with th e Contractor in every reasonab le way in carry in g o ut the scope of serv ices. T he Con tractor s ha ll not be li ab le for t he accuracy of the info rmati on furni s hed by th e C ity. 18. Confiden ti ality. A ny repo rt s, d ata o r s imil a r info rm ation g iv e n to or prepared or assembl e d by the Contractor unde r t hi s contract w hi c h the C ity re qu ests to be ke pt as confid entia l shall no t be m ad e ava ilable to any indiv idu a l o r organi za tion by the Contractor w ith o ut prio r w ri tten approval of th e City. 19. Indemnity. To the fullest extent permitted by law, th e Contracto r w ill defend , in demnify a nd ho ld h arm less the City, its e lected a nd appointed offic ia ls, e m p loyees, a nd agen ts from and against a ny and a ll c la im s, damages, losses, and expe n ses in c luding attorneys' fees aris in g out o f or resultin g from t he performance of th e work, p rovid ed that a ny s u c h c la im , damage, loss o r expense (I) is attributable to bodi ly injury , s ickness, disease, o r death, o r to inju ry to o r destruction of t a ngible property (oth er than the work itself) in c lu d in g t he loss of use resultin g therefrom and (2) is ca used in w hol e or in part by a ny negli gent act or o mi ssion of contracto r, any s ubcontractor, a nyon e directly or indirectly employe d by any of them or anyone for whose acts a ny of t he m may be I iable, regard le ss of w hethe r o r not it is caused in part by a party ind emn ified hereund e r. S uch ob li gati on s ha ll not be con strued to negat e, abridge, or othe rwise reduce any other ri g ht o r obligation of indemnity w hich would othe rwi se exist as to a ny party o r person d escribed in thi s parag raph. 20. Insurance. Contractor s ha ll provide, at its so le expe nse, and maintain during th e te rm of thi s agreement commercial gene ra l liabili ty in s ura nce w it h a reputable, qualifie d , a nd financially sound company li censed to do bus in ess in th e State o f Mi ssouri , and unl ess othe rw ise approved by the C ity , w ith a ratin g by B est of not less than "A ," that s hall protect th e Contractor, the C ity, and the C ity's offic ia ls , officers, a nd e mployees from c laim s w hich may a ri se from operation s und e r thi s agreement, w hether s uc h operatio ns are by t he Co ntractor, it s officers, directors, empl oyees and agents, o r any s ub contractors of Contrac tor. This liability in s uran ce s hall in c lud e , but s hall not be limi ted to, protection aga in st c la im s ari s ing from bodily a nd pers onal inju ry and damage to property, res ultin g from all Contractor ope ration s , products, ser v ice s or use of a uto mobiles, o r constru c tion e quipment at a limit of $5 00 ,000 Each Occ urre nce, $3,000,000 Annual Aggregate ; provided tha t nothing he re in s hall be dee med a waiver of the C ity's sovereign immunity. An en do rsement s hall be prov id ed which states th a t the C ity is named as an additional in s ured and s ta tin g that the pol ic y s hall no t be cance ll ed o r m ateri a ll y modifi ed so as to be o ut of complia nce w ith the requirements of thi s secti o n, or not re newed w it hout 30 days advance writte n noti ce of s uch eve nt being g iven t o the C ity. 21. Documents. Reproducible copi es of tracings and maps prepared or obtained und e r the term s of thi s contract s h a ll be d e li ve red up o n reques t to and becom e th e pro pe rty ofthe C ity up on terminati o n or compl etion of work. Copies of ba s ic s urvey no tes a nd s ketches , c harts , compu tat io ns and other data prepare d o r obtained und e r thi s contract s hall be made available, upo n reques t, to the C ity w ithout restricti o ns or limitations o n their use. Wh e n s uc h copies are requested, t he C ity a g rees to pay th e Contractor it s costs of copy in g and d e l ivering sa m e . 22. Books and Records. The Contracto r and a ll s ubcontractors s ha ll mainta in a ll books, do c u me nts, pa pe rs , accountin g record s a nd o ther ev id e nc e pe rtaining to costs in curred in connectio n w ith thi s co ntract, and s ha ll make s uc h materia ls available at t he ir respective offices at all reason ab le times during the contract and for a pe riod of three (3) yea rs fo ll owin g compl e ti o n of th e contra c t. 23. Federal Funds. The C ity of J efferson is a re c ipi e nt of federal grant fund s . T herefore, th e g ra n t require me nts in Exhibit B s h a ll be full y cons idere d in pre pa rin g respon ses and performin g work under a ny resu ltin g award. 24. Nonsolicitation. Th e Contractor warrants that th ey have not emp loyed or re tained any company or p e rson , other than a bona fide employee worki ng so le ly fo r th e Contra ctor, t o so li c it or secure thi s contract, a nd that th ey h ave not pa id or agreed to pay any co mpany o r person , o th er than a bona fid e emp loyee w orking sole ly f o r the Contractor, a ny fee , commi ss io n, perce ntage, brokerage fee , g ifts, o r a ny other con s id e ratio n , contingent upon o r re s ult ing from th e award o r mak in g of thi s contract. For breac h or vio la ti o n of thi s warranty, th e C ity s h a ll have the ri g ht to a nnul this contract w ith o ut li ab ili ty, or, in it s di s c re tion , to deduct fro m the contract price o r con s id e rati o n, o r oth e rwi se recover the full amount of s uc h fee, comm iss ion , pe rcentage, bro kerage fee, g ifts , o r contingent fee. 25. Delays. That the Contractor s ha ll not be li a bl e for de lays res ulti ng from causes beyond th e reasonab le control of th e Contra ctor; that the Contrac tor has made no wa rr a nti es , exp ressed o r imp li ed , which are not express ly set fo rth in thi s co ntract; and that und e r no c ir c um stan ces w ill the Co ntracto r be liabl e for in direct o r co nseq ue nti al da mages. 26. Amendments. Th is co ntract may not be modified, cha nge d or altered by any o ral pro mise o r statement by whosoeve r made; nor sha ll a ny modificati o n of it be bindin g up o n the C ity until suc h wri tte n modificat io n shall have been approved in writing by an a uth o r ized office r of th e C ity. Co ntractor acknowledges t hat t he C ity may not be responsib le fo r payi ng for c ha nges o r modifications th at we re not prope rl y a ut hor ized. 27. Goveming Law. T he co ntr act s ha ll be gove rn ed by th e laws of th e State of Missou ri . The cou rt s of the Sta te of Missouri s ha ll have jurisdi ctio n ove r any di spute whi c h a ri ses und e r t hi s contract, and eac h of th e pa rt ies sha ll s ubmit a nd hereby con sents to suc h co u1t s exe rc ise of jurisd icti o n. In a ny successfu l actio n by the City to e nforce this co ntract , the C ity sha ll be e nt itl ed to recove r it s atto rn ey's fees a nd ex penses incurred in suc h action. 28. Notices. A ll notices req uired o r perm itted here inun der a nd required to be in writ ing may be given by fir st cla ss ma il addressed to t he fo ll ow in g ad dre sses. T he date and del ive ry of a ny notice sha ll be the da te falling on the seco nd full day after the da y of its ma ilin g. If to the C ity: C ity of Jefferso n Depa 1tment of Law 32 0 East McCa1ty Stree t Jefferson C ity , Misso uri , 6510 I C ITY OF JEFFERSON, MISSOURI Ca rri e Tergin , Ma yo r Da te: ----- ATTEST: C ity C lerk AP PR OVED AS TO FORM: c;ry :2!.{-e ffto the Co ntracto r : Na me: H3 Studio In c . Attn: Lyd ia Dickensheet Address: 4395 Lac lede Ave . Address: St. Louis , MO 63 I 08 CONTRACTOR Tit le: Date: ----- ATTEST: T it le: PROPOSAL For Consultants in Support of OF JEFFERSON CITY DESIGN I GUIDELINES For Th e City Jefferson City, MO Offered by H3 Studio , Inc. CE)sTUDIO March 2, 2023 EXHIBIT A Proposal for Design Gu idelines of J efferson City Service s H3 Studio. Inc. Planning & Urban Design Page 2 Proposa l For PLANNING CONSULTANTS IN SUPPORT OF JEFFERSON CITY DESIGN GUIDELINES Offeror: H3 STUDIO, INC. Pe rmanent Ad dress: 4395 Laclede Ave nu e Saint Louis I Missouri I 63108 Jo hn Hoa l P: 314.53 1.8000 Hoa i @H3Stud io.com Proposa l for Design Guidelines of Jefferson C i ty Services H3 Stud1o. Inc Planmng & Urban Des1gn Pag e 3 TABLE OF CONTENTS TITLE PAGE TABLE OF CONTENTS TRANSMITTAL LETTER QUALIFICATIONS PROPOSED SCHEDULE CURRENT WORKLOAD REFERENCES TECHNICAL SKILL AND EXPERTISE E X PERIENCE AND CAPACITY OF PERSONNEL FEES Proposal f o r De s ign Gui delin es of Jefferson City Services H3 Studio. Inc. Planning & Urban Design 3 4 5 10 14 15 16 26 35 Page 4 TRANSMITTAL LETT ER March 1, 2023 Leigh Ann Corrigan , Purchasing Agent Dear Ms. Corrigan and Selection Committee , H3 Studio is ex pertly qualified to update the Design Guidelines of Jefferson City and understands the scope of services requested by The City. Our firm has ex perience working in historic districts , developing design guidelines and form-based codes . Our team ac knowledges The City 's desire to develop clear guidelines that protect the integrity and history of Missouri's capitol city as well as create standards for new architecture so that Jefferson City can stay a vibrant and desirable place to live. H3 Studio has experience working on federal grant funded projects and working with SHPO. We are committed to meeting the designated timeline and will fulfill all del iverable dates and submission deadlines as outlined by SHPO . We understand the administrative commitments of a federally grant funded project and w ill work with the City at the on-set of the project to confirm project deadlines and schedule, establish clear lines of communication , and confirm the public engagement activit ies and timel ine in order to successfully render the requested services and fulfill commitments to SHPO and Jefferson City. The new Design Guidelines w ill be responsive to the architectural details and the unique conte xt and character of Historic Jefferson City. Developed with the participation of the general public and stakeholders, the City of Jefferson , and the Guidelines Workgroup ; this multi-faceted community participation will ensure that expert local knowledge is leveraged , the guidelines provide appropriate guidance in a user-friendly format, and that all concerns regarding preservation are covered by the guidelines. This process will include key decision makers and make for easy adoption of the Design Guidelines. H3 Studio has dev eloped guidelines and form-based codes for historic areas and districts for the past 2 0+ years . These proje cts include the Near Southside Neighborhood Design Guidelines, Washington Avenue Loft District Plan and Design Guidelines , Belleville West Main Development Principles and Design Guidelines , Lafay ette Square Neighborhood Urban Design Plan and Guidelines, Baytown , Te x as Dow ntown Design Guidelines , and the Lafayette Square & Upper CBD Height Study & Form-Based Code Framework in New Orleans , Louisiana , and the Central West End Form-Based District and Design Guidelines. This project e xperience and the more recent project e xperien ce contained in the Ex pertise portion of our proposal illustrate H3 Studio 's e xpert qualifications to complete the new Design Guidelines for Jefferson City. In addition to being leaders in the field of codes and design guidelines , H3 Stud io recently completed the Old Munichburg Neighborhood and District plan giving our team prior knowledge and experience within the community relating to Jefferson City's historic ne ighborhoods . We are ex cited about the opportunity to continue our work in Jefferson City, Missouri. H3 Stud io possesses the e xperience , qualifications, and expertise necessary to fulfill all of the City of Jefferson 's stated goals and objectives in a holistic and integrated way. On behalf of H3 Studio , we are proud to submit this Letter of Transmittal as part of our proposal fo r RFP4116 Design Guidelines of Jefferson C ity. J ohn Trelawney Hoal Ph.D., AICP. CNU-A Found1ng Principal I Project Dire c tor 4395 Laclede Avenue; Saint Louis , MO 631 08 314 .531.8000 I h o at@ h3studio.com Timothy Breihan, A.AIA Principal 1 Project Manager 4395 Laclede Avenue; Sain t Loui s, MO 314.531.8000 I breihan@h 3studio.com Pro posal for Design Guidelines of J efferson City Services H3 Studio, Inc. Planning & Urban Design Page 5 ill 11111111.11111111t *01114 11111111111111% 111111114 $ ht 11111111111/101141111* 1101111114 , P lilt �,� �1.1111 Pi I l� alltIRMIlitilitilkilltlii I. It 0 11 40 0/ _ 111‘11,114 ! `i it ■, � _ ■9w PROPOSED SCHEDULE Page 7 PROPOSED SCHEDULE I H3 Studio offers the following project approach as a starting point for discussion. Should our firm be selected for the project we will work with the client group to develop a detailed scope of work that meets the City of Jefferson City's needs and fulfill the SHPO requirements . We look forward to the opportunity to further discuss our approach to this e x citing project and dev elop a detailed scope of work! PHASE 1: Data Gathering & Analysis !Issues & Ideas (120 DAYS) Phase one of work will focus on historical research and analysis as well as an assessment of existing buildings and historic districts including condition , height, architectural style , landscape, and character, and an e x isting plan review. During the analysis and plan review H3 Studio will work corroboratively with the proposed Guidelines Workgroup which is anticipated to be composed of members of the city, planning and zoning commission , ad hoc steering committee on building construction codes , historic preservation code revision committee , and historic preservation commission . In addition to these members the city may include valuable stakeholders, members of the public, or non-city affiliated historic organization members. (Exact membership to be determined with city. The analysis and plan review, as well as community engagement completed in phase 1 will result in draft issues and ideas to be addressed by the De sign Guidelin es inclusive of the city 's focus on demolitions, mainte nance and repair, additions, and reconstructions . The preliminary research and analysis , issues, and ideas will then be taken out to be vetted and reviewed by interested members of the public. A 30% Draft of the Design Guidelines a nd general plan framework will be developed for re v iew by the SHPO , Historic Preservation Commission , and city leadership for appro v al. Phase 1 Tasks : Ta s k 1.1 Project Management Team Meeting Task 1.2 Base Data Research & Desktop Analysis Inventory of Base Map Data for Histori c Districts Assembly of History, Previous Studies, Codes & Guidelines Review of Ex isting Information Base Map Assembly Task 1.3 On-Site Kick Off & Field Work Visit On Site Survey, Data Collection , & Photo Do cumentation Task 1.4 Guidelines Workgroup Meeting 1 Review of Analysis, Issues, and Ideas Page 8 PROPOSED SCHEDULE Task 1.5 Public Meeting 1 Presentation of Proje ct Scope and Goals Review of Analysis , Issues, and Id eas Optional : Historic District Site Walk As an option, H3 would like to propose this first publ ic meeting be held at a site within one of the City Historic Districts . We propose beg inn ing the meeting with a 'site walk' to take the commun ity on a tour of significant historic sites in the district identifyi ng and allowing them to connect with the purpose and goals of the work . The site wal k would be followed by a presentation of the project goals , purpose, histori cal research , and analysis. Task 1.6 Design Guidelines Gaps Analysis Memo Task 1.7 Develop 30% Draft Des ign Guidelines Task 1.8 Pre-Trip Material Preparation Task 1.9 On Site Trip Guidelines Workgroup Work-Session (2 Hours) Presentation of 30% Draft Design Guidelines to Historic Preservation Commission Task 1.10 Revise and Submit 30% Draft Design Guidelines to Historic Preservation Commission and Guidelines Work Group for Comments and Feedback PHASE 2: Draft Design Guidelines 1 Recommendations (120 DAYS) Phase two will focus on draft recommendations i n order to address the issues and ideas identified in phase 1. The Design Guideline Recommendations will be developed to protect the numerous historic sites and d istricts in Jefferson City and facilitate ongoing revitalization with attention to architectural gu idelines, construction guidelines , site and landscape design, and build ing preservation. These recommendations will be developed in collaboration with the Guidelines Workgroup. Draft Des ign Guideline Recommendations with supporting graph ic images and 2D and 3D illustrative exhibits will be presented to the SHPO , Historic Preservation Commission , and general public for review and comment then submitted as a 70 % Draft for re view and approval. Page 9 PROPOSED SCHEDULE Phase 2 Tasks: Task 2.1 Project Management Team Meeting Task 2 .2 Develop 70% Draft Design Guidelines Task 2 .3 On S ite Trip #3 Guidelines Workgroup Work-Session (2 Hours) Presentation of 70 % Draft Des ign Guidelines to Historic Prese rv ation Commission Task 2.4 Design Guidelines Practical Review Joint Planning and Zoning Commiss ion and Guidelines Workgroup Session Task 2 .5 Revise and Submit 70 % Draft Design Guidelines to SHPO and Historic Preservation Commission Task 2.6 Public Meeting 2 Guidelines Update & Project Update PHASE 3: Final Design Guidelines (120 DAYS) Phase three will focus on the development of the Final Design Guidelines and closeout of the project. Tak ing into account all feedback from Phase 1 and 2 , H3 Studio will continue to work in collaboration with the Guidelines Workgroup and The City of Jefferson City in order to final ize the Design Guidelines. The Final Design Guidelines (100 %) will be presented to the Historic Preservation Commission and general public and subm itted to SHPO and the City of Jefferson City. Following delivery of the 100% submittal the Final Design Guidelines document will be permanently posted on the City of Jefferson City's webs ite . H3 Studio will ensure all final documentation is submitted to SHPO to complete the project. Phase 3 Tasks: Task 3 .1 Develop Final Draft Design Guidelines Task 3.2 On Site Trip #4 Guidelines Work Grou c ' Jc---:>~l un (2 Hours) Presentatio n f")f r· H a l. J esign Guidel ines t o H i s~or ic Preserva ti on C or"--· -· Page 10 PROPOSED SCHEDULE Task 3.3 Design Guidelines Practical Review Joint Planning and Zoning Commission and Guidelines Workgroup Session Task 3.4 Revise and Submit Final Design Guidelines (1 00%) Task 3.5 Public Meeting 3 Guidelines Update & Project Update Optional Value-Added Tasks OPTIONAL: H3 Studio offers optional value-added services to the C ity of Jefferson City should they choose to pursue them. If the City chooses once the 1 00% Fi nal Design Guidelines have been completed and delivered , H3 can participate in the development and presentation of these guidelines to various organizations and city boards. Additionally, we offer the possibility of hosting guideline training workshop for the city officials and board/comm ission members that will be in charge of e xecuting and enforcing the newly developed guidelines . Training the implementation staff to use and interpret the guidelines is critical to successful enforcement and applicati on and protection of your historic buildings and districts. Page 11 PROPOSED SCHEDULE H ~ (120 da .,) Data Gathering & Analys i s TASK GROUP 1 Scope of Work & Public engagement Plan Project lnitfaUon & Base Information & Analysis Plan Review Surveys I ssues & Idees GAPS M emo PHASE 2: (120 days) Draft Design Guidelines «Slnl"R 0% Design Guide/Tnes Draft ublic Meeting #2 Memo ractJca/ Review Memo PHASE 3: (120 days) Final Design Guidelines ublic Meeting #2 Memo ________________ .EngagementAc~t~lv~IU~e~s~------- 'NA::it: 1 'NA::it:~ • Guidelines Work Group Mootmg • Projoct Management Meeting • Public Meeting I ond Silo Wolk • Guidelines Work Group work Sossion • Gwdelines Work group WOtk • H istoric Preservat•on Comm•ssKm Presentat•on so~ • Design Guidelines Practical ROVIOW • Public Meeting 2 Proposa l for Des i gn G ui de lines of J efferson City Servi ces H3 Studio, Inc Plannmg & Urban Destgn 'NA::it:J • Guidelines Wo rk Group work Session • Historic Preservation Commission Prosontation • Design Guidelines ProctJCJJI Revrow • Public Moetmg 2 Page 12 ., z )> r "'C > z l; 0 ~ 0 z l/1• t ' !!• 1 ·r 'It• ,._,,.,l !t Hlzd Proposal for Design Guidelines of Jefferson City Services H3 Studio, Inc. Planning & Urban Design Page 13 -� � t• -77V,, �'<. :. t°�F' .:MF'+st .lt*4.•, �_- ,�i+�m• , . it ABILITY, TECHNICAL SKILLS, AND EXPERTISE Page 15 H3 'S CURRENT WORKLOAD H3 Studio is actively involved in 8 planning projects. Of these 8 projects , 5 are expected to w rap up this first half of the year and 1 is an on call services contract for an as needed basis. At the time that the Jefferson City Design Guidelines is set to have the capacity, workflow, and team capacity to conduct all necessary tasks a nd services as contractually required in a diligent and responsive manner and the team will not be negatively affected by the award of the contract for the Jeffe rson City Design Guidelines rather enriched by the e xpe ri ence and opportunity to work with you. Skinker DeBaliviere Commun ity Council (January 2021-Present) H3 Studio is updating the Delmar-DeBaliviere Form-Based District reviewing and assessing existing zoning guidelines and updating them to reflect the ambitions of the district , while respecting residents through a series of public Code Assessment workshops a nd a serious of recommended changes and gu idel ines. Central West End Community Improvement District (November 2021-Present) H3 Studio is guiding the Euclid Aven u e I McPherson Avenue Streetscape Improvements in the Central West End conducting tho roug h analysis of the conditions to g uide futu re preservation and physical development of the neighborhood and updating existing guidelines for landscaping , facades , uses, etc. Forest Park Forever (Ongoing) H3 Studio is the Project Management & Owner's Representative for the Stein berg Pavilion , Skating Rink , and surrounding landscape renovat ion participating in a variety of stakeholder and client meetin gs overseeing the execution of the con tract, r equ ired work products , and making sure FPF's best interests as a non-profit are ke p t in mind. City of DeSoto, MO (J une 2022-Present) H3 Studio is working on a Community Development Block Grant Mitigation Planning Project for the city of Desoto , Misso uri. Thi s project is dealing with resiliency and strategic planning for flooding events including risk assessment, implementa tion p lanning , and community engagement work. City of Frontenac {January 2023-Present) H3 Studio is developing Frontenac's new city-wide Master Plan. City of Washington (January 2023-Present) H3 Studio is developing Washington 's n ew city -w ide Master Plan . Heartlands Conservancy Strategic Plan (January 2023-Present) H3 Studio is working with Heartlands Conserva ncy leading staff and Board workshops to develop a new strategic plan for the organization's next 5 y ears. Downtown Springdale Master Plan Update & Form Based Code {2021- Present) H3 Studio is working with the City of Springdale, Arkansas to update the Downtown Springdale Master Plan and create a form based code for the city. Proposal for Desig n Guidelines of Jefferso n City Services H3 Stud1o, Inc. Planning & Urban Design Page 16 REFERENCES PAST 5 Y EARS Commercial Street Historic Preservation Design Guidelines I 2019 Reference : Michael Sparlin; Senior City Planner Organization : City of Springfield , Missouri Addr ess: 840 Boonvi ll e Avenue; Spring fie ld , MO 65802 Email: msparlin@springfieldmo.gov Phone: ( 417) 864-1091 Services: Illustrative Design Guideline Developmen t Downtown Springdale Master Plan Update & Form Based Code I Current Reference : Patsy Christy I Director of Planning & Community Development Organization : City of Springdale A ddress: 206 S Blair St, Springdale , AR 72764 Ema il : pchristie@springdalear.gov Phone: (479) 750-8550 Services : Downtown Master Plan Update and Form Based Code Clayton Downtown Development Guidelines & Architectural Review Services I 2022 Reference: Susa n lstenes 1 Former Director of Planning & Development Organization : City of C layton Address: 206 S Blair St, Springdale , AR 72764 Email : susan.istenes@spr ingfie ldmo.gov Phone: ( 417) 864-1031 Services : Downtown Development G u idelines and A rchitectural Review Services Rountree Neighborhood Plan & Design Guidelines 1 2018 Reference: A lana Owen I Sen io r City Planner Organ ization: C ity of Spr ingfield P lanning and Deve lopment A ddress: Busch Municipa l Build ing ; Springfie ld, MO 65802 Email: aowen@springfie ldmo.gov Phone: ( 417) 864-1831 Services : Neighborhood Planning & Code Reccomendations Proposal for Design Guidelines of Jefferson City Services H3 Studio, Inc Planning & Urban Des1gn Page 17 TECHNICAL S K I L L & E XPE R TISE H3 St udio has over 20 years of expe rience develop ing a nd implementing pragmatic yet visionary neighborhood , district, and city p lans and guidelines that improve the livability and prosperity for all membe rs of th e community. Our approach a nd methodology is fundamentally rooted 1n the principles of inclusive community participation, authentic place-making for the creation of lively and culturally relevant communities , districts and ne ighborhoods ; and comp rehensive, t riple-bottom-line susta inab ility that addresses people , places, and p rosperity. H3 Studio is expertly-qualified to contribute to future Cincinnati Ne ighborhood projects an in- depth p lanning process based upon Creative Placemak ing. Creative placemaking an imates public and private spaces for livab ility; it rejuvenates and rebuilds structures , streetscapes , neighborhoods and districts ; it improves loca l bus1ness v iability, fosters job creation, and streng t hens public safety ; it educates the next generat ion of ent repreneurs , innovators and citizens; and it brings diverse people toget her to celebrate , inspire , and be insp ired. H3 Stud io wo rk s closely with communities, residents, and sta keholde rs to create au t hen t ic , vibrant , and prosperous Neighborhoods and commun ities. SUB-AREA PLANNING & OPPORTUNITI ES FOR (RE) DEVELOPMENT H3 studio has experien ce identifyi ng o pportunities for dev el o p men t an d redevelopment of variou s land use s bas ed on t he m ar ket in o r der to strengthe n Pittsburgh Neigh borhoods eco nomically. H3 St ud io has experi e nce w ith sub - are a pl ann ing and fu t ure land use planning to en sure p l an s are ma r ket d ri ve n and visi on dri ven. The H3 St udio Tea m 's economist Bob Le w i s bri ngs a w ide range of exp er ie nce in econom i c devel opment r elat ed to real estate d evelopme nt and la nd use plan ni ng . H3 St udio w ill ma ke spec ific recommenda tions that ca n promote econom i c d evelo pment and fi sca l sustainability wi thi n Cin cinnati's Ne ighborhoods to fo ster growth and prosperity. H3 Studio h as dev el oped sub ar ea p lans fo r do w nto wns , d i stri cts, and neighb o rhoods ac ro ss the Midwes t and So u th. Most rece ntly H3 Studio co mpl eted t he North Ce ntral Pla n i n St . Loui s, MO; the Sp r ingd a l e , A R Downtown Master Plan and Form-Based Co de; the Be nto nville, AR M arket & Arts Di st ri ct Master Pla n; th e So uth Dow ntown Re v ita li zation Plan for Li nco l n , NE; an d t he Hi stori c Southsi de I Old Munich burg District & Neig hborhood Pl an for Jefferso n Ci t y, MO . Prop osal f o r Des i gn Guidelin es of J efferson City Se rvi c es H3 Stud io , Inc. Pla nn ing & Urba n Destgn Page 18 SUSTAINABILITY, RESILIENCY, QUALITY OF LIFE & PUBLIC HEALTH H3 Studio believes in being stewards of our environment and communities, and act not only through our projects but in our own da ily life, office environment, and within our community. We are committed to a sustainable future through the creation of healthy, holistic, and humane communities, environments, and bui ldings. Dr. Hoal, p roj ect Director is also a Facu lty Fe llow at the Ins titute of Public Health, in this capacity John Hoal understands the important role design and planning plays with regards to public health and quality of life and has lectured internationally on the topic. Our approach to planning seeks to advance quality of l ife and triple bottom line sustainability. H3 Studio has experience developing numerous triple-bottom-line sustainability and resiliency plans including various District recovery plans in New Orleans Post- Katrina, the City of St . Louis Climate action and Adaptation Plan; the City of St. Louis Sustainability Plan, the St. Louis Regional Sustainability Plan; and the Pa r kview Gardens Sustainable Deve lopment Plan and more. FORM-BASED CODES We know that the vibrancy and vitality of a place is sustained by engaging the community in preservation, growth, and development of a collective vision for the futu r e. We have evolved our planning practices to include urban design, placemaking, landscape design, and form-based code to bring our philosophy of sustainability full circle so it encompasses not only spatial design, but the culture of eac h pl ace, and an effec tive set of codes an d po li cies to help implement the plan. H3 Studio has successfully developed over 90 district, community, and comprehensive plans, including three adopted form -based codes, three in the St . Louis region and one in Springdale, Arkansas. MULTI-MODAL TRANSPORTATION PLANNING H3 Studio has led many previous multi-modal transportation planning projects incl uding various TO O studies including the SLD C's Northside-So u thside corr idor study; station ar ea p l anni ng for t h e Del m ar, Fo rest Pa r k-DeBa liviere, Stadium, and Arch -Laclede's Landing stations; the Cortex TOD Station Area Plan, Bicycle and Pedestrian Master Plans, and Page Avenue Great Streets Project. COMPREHENSIVE PLANN ING, LAND USE PLANNING & VISIONING H3 Studio has a successful track reco r d of adopted vision -driven, people and place-based Comp r ehensive Plans. H3 Studio creates Comprehensive Plans based on Community Place Types in or der to guide incremental development with specific code and regulatory u pdates to ach i eve the community's vision on a lot-by-lot basis. Our work developing the Creve Coeur 2030 Compre hensive Plan Update received the 2017 Outstanding Plan Making Award from the St. Louis Section of the Missouri Chapter of the American Planning Association. H3 Studio since 2015 has developed Comprehensive Plans for 8 communities ranging in si ze and population. H3 Stud i o utilizes an innovative Community Place Type based approach . Proposal for Des i gn G ui de lin es of Jefferson C i ty Services H '3 St 1d10. Inc Planmng & Urban Design P age 19 TECHNICAL SKILL & EXPERT I SE COMMERCIAL STREET HISTORIC PRESERVATION DESIGN GUIDELINES Springfield, MO I 2019 Re ference: M ichael Sparli n; Senior City Planner Organ1zat1on : City of Springfield Adclress : 840 Boonville Ave nu e: Springfield, MO: 65802 Email: msparlin@spnngf1eldmo.gov Phone: (417) 864-109 I In 20 I 9 , the C1ty of Spnngf1eld selected H3 Stud1o to develop a comprehensive update to the Commercial Street H1stonc Preservation Des1gn Guidelines. Fi rst developed in 1979, these guidelines had never been updated and were S1gn1flcantly out-of-date. both in regards to technical best practices as well as to the cur- rent conditions of the Commerc1al St reet H1storic Distnct H3 Studio worked over a q u 1ck, 4-month t1meframe to clevelop a complete update to the Des1gn Gu1delines . Th1s schedule was dictated by the reqUi rements of !11e project's fu nding source . which was a CLG Grant from the Missouri State Historic Preservation Office. H3 Stucl10 worked w1th the C1ty to 1dent1fy and assemble a GUidelines Workgroup, cons1st1ng of h1stonc preserva- lion and development expe rts, d1stnct property owners and rehabbers. and other stakeholders. H3 conducted three (3 ) work sess1o ns wit h t he G uid eli nes Wo rkgro up, as well as three (3) p ublic workshops and three (3) work sess1ons wit h the City or Sp ringfield Pr eservation Board. At the conclusion or the p roject, all parties in - vol ved agreed that the G ui delines were significantly en hanced, and the Com mercial Street Histo ric Preserva - tion Des1gn Guidelines were unan1mously approved by the Preservation Board and adopted by City Council. REVIEW PROCESS OVERVI EW Wh.lt t,peoot ls 01: C:U'1•hC>Jh. ot ls.Admimst r.lt VIII!: PfOJt<t .tre you Appropnatenen Approval I"> I he bu•ldlng do'"g"' reqt~~r~d., ldo nu r,. tho No Co ntr lbullng Pro}ec.l Type llollowlng pog tol Yo• ~--- ldontllr tho Yos Nan · Proja ct Typo Contrib ut1n_g lfoi iDwlng p3gnt No Pro posa l f or De s i gn Gu i de li ne s of Jeffers on Ci ty Services H3 Stud1o. Inc. Planning & Urban Destgn ptrm•l tcd? \f* Yos ~. No ~. No r~ Yes I } r J. 8U1Id•n9/ Landmarks Cer11fu:.1~• af Oemohtton Uo.1rd Henrtng Apnro~ruunt5~ PNmtl ·~·-·~ o\fl'on>1"'4 tl~•ftot ... l"'a""'"0•'\01 Approvod o--"• as.,. ... ,.~ ""'~, .... .,., ""' • ..,,.>( .... , h--hf'f'l''f~i"'~ r'""'~"'·'" ~·t-·4111 , ... .,. ..• Danle d ......, •$1.i&. ... t.,.o(.t , .... (:..-' ,., .. ,) .. .,. !;•'• I J..\ ......... pr ... ••o.,.•r"f In:.,"' Rtt•~..._., ·~ott!\61,16" , ... , .. ,~ Oo, .... , ltd•f' ~··)1"':-1' , ..... li!ll\f)l""1 "~=~ Page 2 0 ROU NTREE NEIGH BO RHOOD PLAN & DEVELOPMENT GUIDELINES Spri ngfield , MO I 20 18 Ref erence: Alana Owen; Sen ior Planner; Neighborhoods Team Organization: City of Springfield Add re ss: 840 Bo onville Av enue; Springfield, MO; 65802 Email : aowen @spring field mo.gov Ph one: {417) 864-183 1 Fees: $35,000 Services: Development Gu ideli nes 1 Form-Based Code The City of Springfield hired H3 Studio in the Sp ring of 2018 to conduct an independent study of the Na- tional Avenue and Cherry Street corridors and provide recommendations for planning tools and regulatory strategies that will ai d in creating the desired d evelopment patterns along each corridor with the goal of promoting sus tai nable , mixed-use , pedestrian-oriented development opportunities. H3 Stu di o conducted Fo cus Group meetings , worked with a Stee rin g Committee, and conducted a p ublic plannin g cha rr ette and publi c open h ouses to gather fe edback throughou t the process. H3 Studio con- ducted a th orough analysis and plan review and developed iss ues an d ideas for the p lann in g process to a ddress. The plan resu lted in a visio n , goals and principles for futu re pre serva ti o n and development in the Rountree Neighborhood , as w ell as an Ur ban Conservation Di strict (UCD) Subarea Pl an with Form -Ba sed develop m ent reco m me nd ations. Th ese reco mm end at io ns use d th e existing fram ework of Springfield 's UCD ordinance to facil itate adoption and implementation. ' \ ' ' ' l.~ULWYn .. n I Proposa l for Design Guidelines of Jefferson City Servic es H1 Sludro, Inc. Planmng & Urban Des1gn AU.EV .... ,....,._...,.-. -r--• r-~' I I I K I C 1J I I I • I 't i I : I ( I J I I •: : · : : o1: ·! 1 : -; .. o ~: ! :a~ --·--·-·---·-··!__...I .. t I I A I I --.i _ti..::.l-_.J_..__L--' --• F • AU£Y -:----: -;-~-~~!:. : H : : i: : c ! .. 1 a ~:~=~ : _...lr·····l-·······-........ ..!: -~ ~ I 0' A. I I .J----..!----L---_I _._.. ' E ' no.w;,.vsmn-• KEV -rQ()PfltrYl:W: IU'TI!WltiNF ·····fi'A..Ol'OU'It AU.EV ---r---r--;-~•~ 'I II 0 l: i- ll ; I " f-c • 1 '• ~ .... .j.. ...... ~ ...... .l ....... ~..! j l g --,--E---, -~-- Ht"""IW"'"~" -rq:rtnT'¥'110.- •••• GlA.OtOLlo"C KEV Page 21 TECHNICAL SKILL & EXPERTISE HISTORIC SOUTHSIDE I OLD MUNICHBURG DISTRICT & NEIGHBORHOOD PLAN Jefferson City, MO 1 2016 Reference : Gaspere Calvaruso 1 President Organization : Capital Region Medical Center Address : 1125 Madison Street : Jefferson city. MO 65101 Email : gca lvaru so@crmc.org Phone : (573) 632-5002 Services : Neighborhood Planning The Historic Southside 1 Old Munichburg Neighborhood is located immediately south of the Capital Avenue District and Downtown Jefferson City. This neighborhood is characterized by its rich history and deep rooted institutions including Lincoln University and Capital Region Medica l Center (C RMC). The planning process was initiated by Capita l Region Medical Cen ter, one of two major health services providers serving Jefferson City, Missouri. H3 Studio completed a corridor and neighborhood urban de sign, economic development, streetscape , and public realm p la n for the Historic Southside I Old Mun ichburg neighborhood. This plan built upon and leveraged key institutional investments by Capital Region Medical Center and Li ncoln University. The plan addressed access to the neighborhood across U.S. 50 , floodplain development along Wears Creek, and streetscape and public rea lm enhancements to improve th e neighborhood's annual events as we ll as day-to-day wa lkabi lity. The Plan was unanimously adopted on July 13 , 2017 . Monroe between W. Franklin and Woodlawn Ave . Monroe beiWeen W. Franklin and Woodlawn Ave . ·I .. . .. . . . - Proposal for Design Guidelines of Jefferson City Services Page 22 H3 Studio, Inc. Planning & Urban Des1gn DOWNTOWN SPRINGDALE MASTER PLAN & FORM-BASED CODE Springdale, AR I 2015-2016 (Update 2021-Present) Reference: Patsy Chnstte: Di rector of Plann1ng & Commun1t y Development Organization: City of Springdale Adclress: 201 Spnng Street: Spnngdale, AR 72764 [matl: pchrist1e@springdalear.gov Phone: (479) 750-8588 H3 Stud1o completed a comprel1ens1ve rev1taliLatio n plan for Downtown Springdale in Northwes l Arkansas. The pla n addressed housing development downtown as well as the adapllve reuse of historic buildings and storefronts . supported by a framework of great st re ets and parks. It was unanimously adopted by the City Council on Decem ber 16, 20 15 . Following adoption, H3 St ud to execut ed a co ntra ct amendment with the City to develop a form-based code fo r the whole planning area. We wo rked w1th a Citizen steering committee to translate the Master Plan recommendations into a parcel-based Regu laltng Plan wtth street frontage clas - sificaltons , BUtld1ng Enve lo pe Sta nd arcls (BES) and 8Utld1ng Development Standa rds {BDS). Th ts code was agatn unanunously adopted 111 April of 2017 and replaces all existing zomng 111 Downtown Springdale. In 202 t, due to the tmplementalion success of the plan and t11e number of recommendations completed, H3 Studio was agai n contracted to complete a sub sta nlial update of the Down tow n Plan ancl Form-Base d Code. KEY - -P~~OPtRTV tiNr S£ TOACK Utl( -• RUit D·TO.UNE ntlll OIJt..G AREA ! ~~ t: . ? M -j T I p l o . ' . ' ' Proposal for Design Guidelines of J efferson Ci ty Services H3 Stud1o l1c Plannmg & U1ban OeSI!]ll -~·-·-' M~·-...,.. El ---::·--poo.,o,f.__, PRIMAIW STREET KEY --PR()P[RI"Yl!N( StiRAOCUHC: CNCROACHI<lEm' AREA Page 23 T E CHNICAL SKILL & EX P E RTIS E DOWNTOWN CLAYTON DEVELOPMENT GUIDELINES Clayton , MO I 2020-2021 Reference : David G1pson; City M anager Organ1zat1on: City of Clayton Address: 10 N. Bem1ston Avenue; Clayton, MO 63105 Email: dgipson@claytonmo.gov Phone: {314) 290-8400 In January 2020. H3 Studio was contracted by the City of Clayton under our current Design Rev1ew SeN1ces on-call contract to formulate updated development standards and des1gn gUidelines for the Downtown Core and Central Business D1st rict Overlay Distncts . Th1s project arose to address concerns from the Board of Al- dermen and the Plan CommiSS IOn I A rchitectural Review Board that existing guidelines and regulations do not prov1de suf11C1ent gu1dance in the rev1ew and approval of development proposals. H3 Studio met individually w1tll each Alde rperson and Plan CommiSSioner and worl~ed with the City to assemble a Steeri ng Committee of staff. elected and appointed officials, residents, and bus1ne ss owners. Using an iterative. illustrative visioning process informed by detailed analys1s and 3D modelling of the ex1sling zomng regulations. as-built conditions. and proposed developments, H3 St ud1o developed and updated overlay district-the North Downtown Over- lay (NDO)-that combines and expands the two existing overlays and provides new form-based development standards and detailed architectural design and landscape gu1delines . These standards were ref1ned over a senes of SIX Steeri ng Committee M ee t1ngs and two public hearings to address all stakeholder concerns and develop consensus support, and were unan1mously adopted 1n December 2021 . Pro p o sa l f o r De s ign Guidelines of J effers on Ci ty Services H3 Studio, Inc. Planning & Urban Des1gn Page 24 CLAYTON ON-CALL ARCHITECTURAL & LAND DEVELOPMENT REVIEW SERVICES Clayton , MO I 2015-2021 Reference: Susan M. lstenes. AICP : Plann1ng & Development 01rector (Former Clayton Director of Plannin g & Development Services) Organization: City Springlield, MO Address: 840 Boonv1lle Avenue: Springfield, MO 65802 Email : susan.1stenes@spnngfieldmo.gov Phone: (417) 864-1031 Beginn1ng 1n 2015, H3 Slud1o has prov1ded on-call Architectural and Land Development Rev iew Serv1ces to the City of Clayton's Departmenl of Plann1ng and Developmenl Services . Du ri ng l11is time period, H3 Studio has render ed professional opimons on the numerous high-profile development projects within the City, when they have been submitted to the Department for Architectural Review Board (ARB) Approval. Projects that we have rev1ewed 1nclude the Bem 1ston Place Deve lopment; Centene Urban Campus Special Development Dis- Inc! (SOD). SOD amendments. and Centene Ph ases 1, 2-A. and 2-B ; the new St. Lou is County Library Branch; the Apogee Tower on Forsyt11; and the m1xed-use development of the old Schnuck's s1te at Clayton Road and Hanley Road Our responsibil1t1es have 1nclu ded : rev 1ew1 ng the ARB submittal packages fo r conformance w1th the City 's ,:::on1ng code and toning overlays, Downtown Master Plan, and ol11er applicable planning docu- men ts ; rev1ewing suiJmittals for confo rm ance with applicable architecture design guidelines; making site visits to Independently document the existing conditions of the project context; wnting review memos oullin1ng our professional rev1ew op1n10n of the project fo r use by the Department; and attend1ng ARB meetings to answer quest1ons and provide 1nformat1on on the review, as required. Proposal for Design Guidelines of Jefferson City Services H1 Stud10 Inc P/annmg & Urban Des1gn Page 25 E X P E IR I E N C E & CAPACITY OF PERSONNEL Page 27 FIRM PROFILE H3 STUDIO Esta b lished: Contact: Address : 1999; St. Lou is, MO (23 years) John Hoal, PHD, R.ARCH (SA), AICP _CUD, CNU -A Founding Principal I Project Director 4395 Laclede Avenue Saint Louis, Missouri 63108 Phone Number: 314.531.8000 Fi rm Si ze : 4 people H3 STUDIO, INC. is a national award-winning interdisciplinary des ign and plann ing firm offering a highly spec i alized approach to projects within the public and private sector foc used p r imarily on "place-making", i ncluding a range of sustainability, urbanism, codes and design professional services. H3 Studio has a diverse practice provid ing services to private companies, institutions, governments, public agencies, not-for-profit organizations, corporations, and private citizens' groups in efforts to create people-driven places and sustainable, livable and equitable environments. H3 St udio brings a distinctive collaborative des i gn and planning methodology that combin es design excellence with research and ex tensive practical experience. We begin by immersing ourselves in each locale 's historic evolution, culture and current public policy agendas in order to create high quality, vibrant, walkab le, and authentic places. H3 Studio is committed to sustainability through the creation of healthy, ho listic, and humane communities, environments, and buildings. The working style is oriented around collaboration and interaction reflecting the importance of design and planning being a civic endeavor whether working at the scale of the master plan, building, or particular landscape. Proposal for Design Guidelines of Jefferson City Services H3 StudiO, l1c Planmng & Urban Des1gn •. SERVIC ES & SPEC IALIZATIONS Project Management .... Public Engagement & Facilitation Comprehensive+ Land Use Planning Focus Area Planning & Urban Design Tr iple-Bottom-Line Sustai n abili ty + Resiliency Planni ng & Audi ts Climate Action Pla n ning Form-Based Codes & Design Gu ideli nes Down town, District & Neighborhood Maste r Planning Neighborhood Revitalization Community Development Planning Public Health & Equity Planning Open Space, Trails & Greenway Planning Parks Master Pl anning & Design St reetscape Planning & Design Bike, Walk & Transit/TOO Planni ng Riverf r on t Planning & Design Campus & Institutional Planning Public Space Design & Public Life Analysis Page 28 NEIGHBORHOOD & MASTER PLANNING EXPERIENCE The H3 Studio Team h as become a re gional leader in neighborhood, di strict , master pl anni ng, and guidelin e development over the past decade using our integrated Placemaking Peopl e driven ap proach. We believe that neighborhoods, beyond a co llection of homes, should be integrated, accessible, diverse, amenity r ich places for communities to grow. They should be connected to key institutions and districts to impro ve the overall health and well-being of the people that live in them. Our approach integrates the standard land use planning practices with a place -based community framework that enhances the networks and facilities of any given area. This framework is used to enhance the vibrancy of these districts whi le p reserving historic character and cu lture. H3 Studio takes a detailed design based look at the planning area creating specific urban desi gn development options and recommendations that enhance business, vis itorship, ameni ti es, building quality, and con necti vity within the re spective neighborhoods and districts. Cent ral to the planning process is inclusive community participation, and authe ntic p lace-making for the creati on of live ly and culturally re levant communities, districts and ne ig hborhoods; and comprehensive, triple-bottom-line sustai n abi li ty that addresses p eo ple, p laces, and p rosp erity. Comm u nity is at the heart of any planning and development effort and our unique approach effe ctively integrates the community's vision with the essential implementation tools available to the City -public policy, capital and operational budgets, and land-use and sub-division codes -co difying the community's vision for ongo ing, incremental implem entation. H3 Studio has a successful track record of adopted vision-driven, people-and place-based Neighborhood, Master and District Plans. H3 Studio completed the North Central Plan in 2021 utilizing a rigo rou s community engagement methodology involving community events, workshops, and discussion forums in a historically undeserved area of the City o f St. Louis. H3 Studio s strong community engagement approach and community facilities strategies earned the North Central Pl an an Ou tsta nding Plan Making Award from the St. Loui s Section of the Missouri Ch apter of t he Ame r ican Planning Association. More recently, we have compl eted n eighborhood, downtown, and master district plans in seve n states in cluding The Downtown Springdale Master Plan in Arkansas, The Historic South Side and Old Munichburg Plan in Jefferson City, MO; The Historic Warehouse Ne ighborhood Dist r ict in New Orleans, LA; The Old Town Florissant neighborhood plan i n Flo rissant, MO; The Josselyn Neighborhoo d Pl an in Oma ha , NE; and Th e Bent onville Market an d Arts Di strict Plan in Benton vi lle, AR. H3 Studio is well ve rse in a r ange of cu ltural, sustainability, historic, and m obil ity planning methodologies an d has successfully planned and implemented them across the Midwest. We are expert conveners of the people and critical con sensus b uilders that ensure a successful, well regulated, inclusive, and engaged pla nning process. : ... r ~P'>:i .. ~J :r Jr f1 r·s·~·· ·~h !~i ~·li""~~-.r, o~ .!:·Cf··r'.. ~;~, f, .. r' •;·~~ 1·1· '=:c "'''l;, •i: Urba11 DeSI(]Il TIME WITH H3 14 Years EDUCATION Master of Urban Des1gn Washmg ton Un iversity in St. Louis (2008) Mas ter of A rchite cture Washmgton University m St. Louis (2008) BA Architecture Miami Un iversity in Oxford. Ohio (2003) AFFILIATIONS The A meri can Institute of Architects (A .A IA) TIMOTHY BREI HAN A.AIA , 36 CFR 61 Qualified Principal Anticipated Role: Project Manager + Single Point of Contact Since 2015, Tim has led H3 Studio 's comprehensive planning prac- tice. Tim directs the development of the various technical components of the p lan , inc luding existing z oning and land use anal ysis; working with residents and stakeh olders to establish th e plan's v ision , identify- ing community goals, and developing actionable strategies for i mple- mentation; a nd developing future infrastructure, land use, and facility priorities and plans. This includes the qualitative, p lace-based analy- sis and recommendations that form Community P lace Type districts and the framework for both future la nd use and future zoning code updates. Tim a lso leads many o f H3 Studio's community engagement activi- ties , including stakeholder interviews and focus groups; City staff and e lected official work sessions; and facilitating of public workshops. As Projec t Man ager, Ti m se rves as the day-to-day c lient contact a nd manages th e team of p lanners and consu ltants responsible for devel - oping the c ontent of the p lan. A native of Saint Louis, Tim has been a part of H3 Studio since 2009. His work at H3 Studio has focused on vision-driven and place-based Comprehensive Planning ; TOO distri ct planning; bicycle a n d pedestria n infrastructure projects; writing codes and form-based codes ; sustain- ability po lic y planning and sustainable neighborhood development. PROJ ECT EXPERIENCE Washingto n Com preh ens ive Plan Update 1 Was hington , MO Un ion Comprehensive Plan Update I Un ion, MO Fro nten ac Comprehensive Plan 1 Fron tenac. MO Florissant Compre he nsi ve Plan & Old Town Pla n 1 Florissan t, MO Ladue V1s1o n 2040 Com pre he ns ive Plan 1 Ladue, MO Clayton Downtown Des ign Gu id elines 1 Clayton, MO Creve Co e ur 2030 Compreh e ns ive Plan Update 1 Creve Coe ur, MO Festu s 2030 Comprehen si ve Plan Update 1 Festus. MO Lebanon 2035 Comp re hen si ve Plan & City-wide Parks Master Pla n 1 Lebanon, MO Downtown Master Plan & Fo rm-Based Code 1 Springda le, AR Downtown Market & Arts District Maste r Plan 1 Bentonvi lle. AR Page A venue Great Stree ts Project , EWGCOG 1 Pa gedale, MO Downtown Columbia Urban Des ign & Planning Charrette 1 Columbi a, MO Skinke r De Baliviere Neighborhood Urb an Design & Development Plan 1 St. Louis. MO Ferguson B1cycle & Pedestrian Master Plan 1 Fergus on . MO Rock Hill Bic ycle & Pedestnan Maste r Pla n 1 Rock Hill, MO University Ci ty Bicycle & Ped estria n Maste r Plan 1 University City, MO 1-55 Corridor Transportat ion & Growth Management Plan & Cod e 1 Mad ison County. IL Pr oposa l for Design Guidelines of J e fferson City Services H3 Studio, he Planmng & Urban Des1gn Page 30 PROJECT TEAM RESUM E S TIME WITH H3 2 years EDUCATION Master of Arc h itecture and Bachelor o f A rt H istory Drury Un iversity Study Abroad in France Center for Community Studies Drury Umvers tly I Mansfi eld, MO JAVIER DIAZ VICENS Urban Designer I Associate Role: Land Use Planner+ Urban Designer Ja vier graduated with a Master of Arc hit ecture and Bache lor of Art History. He speaks both Spa ni sh and English fluently and minored in French. Javier is curren tl y working on the Spring dal e Downtown Master Plan for the Ci ty of Springdale , A R. He is passionate about the uniqueness of cultural experience and context as driving forces for design . He has participated in numerous public engagement processes in cluding large scale Pub li c Workshops and Commu nity Planning Charrettes , as we ll as Focus Group Work Sessions , City Staff and Elected Officials Work Sessions , and Advisory Committee Meetings . As an Urban De signer at H3 Studio , he has ga in ed expe rti se in varying sca les of Urban Des ign , balanc ing welfare of communities , res ilient planning and design guidelines for future economic development projects . His professional work with H3 Studio ent ails assisting in a ll stages of production . This inclu des data co ll ectio n, re search, analysis and on -sit e surv eyi ng . He also aids in the prod uction for 20 and 30 visua l grap hi cs for better facilitation of ideas in community planning proce ss. PROJECT EXPERIENCE W ashi ng to n Compre hensive Plan Upd ate 1 Wash ing ton. MO Frontenac Com prehensive Plan 1 Frontenac, MO Florissant C omprehensive Plan & Old Tow n Pla n 1 Flori ssa nt, MO Downtown Master Plan & Form-Based Co de 1 Spnngda le. AR De Solo Hazard M iti ga ti on and Resilienc y Plan 1 De S ol o , MO C e ntral W est End Pro fessional Servi ces & Streetscape Plan 1 St. Lou is, M O P roposal f o r Desig n Guide lines o f J efferso n Ci ty Services H3 S tud io, Inc. Planning & Urb an D cs1g n Page 31 TIME WITH H3 1 Year EDUCATIO N Master of Architecture Drury University Cen ter for Community Studies Drury Un iversity I Sa cred Heart Church + Osage Prod ucts Master Plan Stu dy Abroad in Ita ly AFF ILIATIO NS Better Block SGF LYDIA DICKENSHEET Urban Designer I Associate Role: Researcher & Urban Designer Lydia Dickensheet is a graduate from Drury University's M aster of Architecture program. She is passionate about sustainable, equitable, and innovative design solutions that help better th e human e xperie nce for all and create healthy humane and contextual p laces to liv e. Lydia has vo lunteered with Southwest Kids in Action, a recreation a l program through St. Louis Lighthouse for the Blind that serves children w ith visual impairments in southwest Missouri. Her ex periences w ith SW KI A changed her perspect ive of the built environment as a catalyst for equity and justice. She has also volun teered wit h Better Block Springfield to cr eate urban installations that empower ind ividuals to re -i magine t he built enviro nment to build a better c ity, one block a t a time. S he has participated in several design charrettes and community meetings as part of community outreach initi atives with O sage Products, Sacred Heart Cathol ic Church , and SWKIA. She has also helped construct insta llations in downtown Springfield as p a rt of b etter block that bring small scale public spaces to activate u rb a n streetscapes. As an U rban Designer at H3 studio she is involved in all stages of p roduction fro m research and data collection to t he development of master plans , framework plans, and addit ional 2D or 3_D graphics. PROJECT E XPER I ENC E Washington Com prehensive Plan Update 1 Was hing ton , MO Downtown Master Plan & Form-Ba sed Code 1 Spri ngdale, AR De Soto Hazard Mitigation and Resi liency Plan 1 DeSoto, MO Central West End Professional Services & Streets cape Pla n 1 St. Louis, MO Heartlands Conservancy Strategic Plan I Illinois Proposal for Design Gu id eli nes of Jefferson City Services H3 Studio, Inc. Planning & Urban Design Pag e 32 I ;, 1,, . I .,, J /(II II/' I (/I /i/,1111. Prop osa l for Design Guidelines of Jefferson City Servi ce s H3 Studio. Inc Plannmg & Urban Des1gn Page 33 PROJECT TEAM SUBCONTRACTOR RCH ARC~ IT[CTUR~ FIRM PROFILE Founded in 2020, Monarch Arch itecture, LLC is a sma l l firm in Columbia, MO fo cus i ng primarily on residential des ign, both ne w construction and renova tion . The firm h as completed des i gns for proj ects in a vari ety of lo cations: rura l, suburban and city-center properties. Monarch Archit ecture is experienced in na viga ti ng loca l zoning restr ic tions and ha s seen firsthand how they can affect pro ject o utcomes. Monarch A rchitec ture w ill be responsible for use r-l evel testing, input, an d creating vis u ali zations of poss ible ne w b uild res i dential add itions and accessory dwelling units und er the design g ui de lin es written by H3 Studio f or Jefferson City. PROJECT EXP ER I ENCE Co lumbia Center For Agricu lture Ag Park 1 Columbia , MO Cultivate Co. Master Plan I Boone County, MO Sustainability-Centered Meeting House 1 Co lumbia , MO Midwestern Sa lt Box Home Historic Porch Recon stru ction 1 Colu mbia, MO Midcentury Modern Addition Detached Garage and Office 1 Lohman , MO Rural Contemporary Home 1 Ca lla way County, MO Rebuilt Modern Ranch I Rocheport , MO Sustainable Access ory Dwelling Unit 1 Co lumbia , MO Schematic Residence I Columbia , MO Gathering and Guest Space Addition Reside ntia l Master Plan 1 Boone Co unty , MO Proposal for Design Guidelines of Jefferson City Services H3 Studio. Inc. Planning & Urban Design Page 34 Adrienne Stolwyk Registered Architect and Owner of Monarch Architecture Alexander Johnson Designer Adrienne Stolwyk, founder an d owner of Monarch Archi t ecture, LLC, graduated from Kansas State Univ ersi ty in 2008 w ith an M. Arch itecture degree. Sh e became a LEED AP i n 2009 and li censed arch it ect i n 2015 afte r wo rking at commercial f i rms in Ka nsas Cit y and Columbia, Mis souri. She is passionate about city plann in g espec ially as it relat es to re side ntial design . Her office is located in a net-zero Ac cessory Dw elling Unit in he r ba ckyard that she designed and constructed. A l exander Johnson holds a BS i n Architectural Studies from t he University of Illinois at Ca rbondale . He brings a wealt h of knowledge and experience w ith 30 modeling, enabling Monarch to produce draw i ngs and imagery that range from sch ema ti c t o photorea l istic or technica l. His years of ex perience w ith res identi al d esign in Columbia, especially in existing historic neighborhoods, give him a unique perspecti ve on the cha llen ges of imp lementing zoning restrictions. Prop o sa l for Design Guidelines of J effe rson City Services H3 Studio, Inc. P!anmng & Urban Design Page 35 FEES Page 37 ,. I'' I ' 111· , • ;.. 'l'' m 111l P roposal for Des ign Guideline s of Je fferson City Services H3 Studio, Inc. Planning & Urban Design Page 38 FEE efferson City Design Guidelines (RFP 4116) Cost Breakdown SCOPE OF WOR K Ph as e 1: Data Gat hering & An•lysls !Issu es & Id eas Task 1.1 Project M anagement Team MeetinB Task 1.2 Ba se O;ata Research & Desktop Ana lysis I nven tory of Base Map Data for ~t is toric Build ings & Dist ricts Assembly of Hist ory, Previous Studies, Codes & Guidelines Review of Ex isti ng Informat ion Ba se Map Assembly Task 1.3 On·Site Kic k Off & Field Work Visit On Site Surve y, Da ta Collection, & Photo Documentat io n Tas k 1.4 Guidelines Workgroup M eeting 1 ask l.S Public M eeting 1 Presentation of Project Scope and Goals Review of Ana lysis, Issues, and Ideas Op tionor : Sire Walk Task 1.6 Design Gu ide lines Gap Ana lysis M emo Task 1. 7 Develop 30% Draft Design Guidel mes ask 1.8 Pre -Trip Material Preparation Task 1.9 On Site Trip Jt2 Guid elines Workgroup Wo rk-Session (2 Hours) Present3tton of 30% Dr aft Design GuldCilflCS to HIStOfiC Preservation Commission Task 1.1 0 Revis.e and Submit 30% Draft Oes•gn Gu •dehne s to ~hstork: Prescrvauon Commiuion Ph ase 2: Or•ft Design Guid elin es I Recommendations Task 2.1 Project Management Team Meeting Task 2.2 Develop 70% Draft Design Guidelines ask 2.3 On Site Tr ip ::3 Guidelines Workgroup Work·Senlon (2 Hours) Present a lion of 3~ Draft Desig n Guidelines to Historic Pres ervation Commission Task 2.4 Design Guidelines Practical Review Jo in t P&Z CommiSSIOn & Gu ide lines Worlt Group Work Session ask 2.5 Revise and Submit 70% Draft Design Guideli nes to SHPO Task 2.6 Public M eeting 2 Guidelines Update & Project Up date Pha se 3: Fino I Des ign Gu ide li nes ask 3.1 Develop Final Des ign Guidelines Task 3.2 On Site Tr ip #4 Guidelines W orkgroup Work-Session (2 Hours) Presentation of 30% Draft Oestgn Gu•dchncs to His tork Prc~rvatton Commission Tas k 3.3 Des ign Guidelines Practical Review Joint P&Z Commission & Gu idelines Work Grou p work Session Task 3.4 Rev is e and Submit f inal Design Guidelines (100%) ask 3.5 Public Meeting 3 Gu idelin es Upda te & Project Update Option• I V•lue Added Tasks ask 1: Onso ing City Staff and Implemen tation Trai ning Workshops ask 2: City Council Presentation PROJECTED TOTAL HOURS TOTAL PROJECT FEE H3 STUDIO FEE MONARCH ARCHITECTURE FEE (DBE Subconsultant) OPTIONAL VALUE ADDED TASKS Addition al Hours H3STUDIO Pr oj~ct M anaser Se:nlor Designer Dc sign c r/Re scarchc ~tours Roue/HR Hours Rate/HR Hours Rate/HR ----1~~oo ----$14Qoo ____ $TOO.oo 1.00 $165.00 1.00 $140.00 0.00 $100.00 0.00 $0.00 1.00 $140.00 1.00 $100.00 0.00 $0.00 2.00 $140.00 2.00 $100.00 1.00 $16$.00 s .oo $140 .00 s .oo $100.00 0.00 $165.00 2.00 $140 .00 3.00 $100.00 0.00 $0.00 8.00 $140.00 8.00 $100.00 0.00 $0.00 6 .00 $140 .00 6.00 $100.00 2.00 $165.00 4 .00 $140.00 0.00 $0.00 2.00 $16$.00 2.00 $140.00 2.00 $100.00 1.00 $165.00 6.00 5140.00 8.00 $100.00 1.00 $165.00 2.00 $140.00 4.00 $100.00 1.00 $165.00 2.00 $140.00 2.00 $100.00 1.00 $165.00 4.00 $140.00 4 .00 S1oo.oo 6.00 $165.00 8.00 $140 .00 16.00 $100.00 1.00 $16$.00 2.00 $1 40.00 2.00 $100.00 8.00 $165.00 8.00 $140.00 12.00 $100.00 2.00 $16$.00 2.00 $140.00 0.00 $0.00 1.00 $165.00 1.00 $140.00 0 .00 $0.00 1.00 $165.00 2.00 $140.00 4.00 $100.00 29.00 68.00 79.00 1.00 $165.00 1.00 $140.00 0 .00 $100.00 5.00 $16$.00 10.00 $140.00 2$.00 $100.00 8.00 $165.00 8.00 $140.00 12.75 $100.00 2.00 $165.00 2.00 $140.00 0 .00 $0.00 1.00 $16$.00 1.00 $140.00 0.00 $0.00 2.00 $165.00 1.00 $140.00 4 .00 $100.00 1.00 $165.00 1.00 $140.00 0 .00 $0.00 1.00 $165.00 2.00 $140 .00 4 .00 $100.00 2.00 $16$.00 2.00 $140.00 2.00 $100.00 1.00 $165.00 2.00 $140.00 4 .00 $100.00 24,00 30.00 $1.75 2.00 $165.00 6.00 $140.00 12.00 $100.00 8.00 $165.00 8.00 $140.00 0 .00 $0.00 2.00 $165.00 2.00 $140.00 0.00 $0.00 1.00 $16$.00 1.00 $140.00 0 .00 $0.00 2.00 $165.00 1.00 $140.00 4 .00 $100.00 1.00 $16$.00 1.00 $140.00 0 .00 $0.00 1.00 $165.00 2.00 $140.00 4 .00 $100.00 2 .00 $165.00 2.00 $140,00 2.00 $100.00 1.00 $165.00 2.00 $140.00 4 .00 $100.00 20.00 25,00 26 .00 24 .00 $165.00 0.00 $0.00 24 .00 $100.00 2.00 $16$.00 0.00 $0.00 0 .00 $0.00 26.00 0.00 24 .00 Proposal for Design Guidelines of Jefferso n City Services H3 Studio. Inc Planning & Urban Design MONA RCH ARCHITECTURE Archit ect Oe:signer Hour s Rate/HR Hours Ra te/HR -----s"iiii.oo _____ 165.oo 0.00 $110.00 0.00 $6$.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0 .00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0 .00 $0.00 0.00 $0.00 0 .00 $0.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0 .00 $0.00 0.00 $0.00 0 .00 $0.00 0 .00 $0.00 0 .00 $0.00 0 .00 so.oo 0 .00 $0.00 0 .00 $0.00 0 .00 $0.00 0.00 $0.00 0 .00 $0.00 0.00 $0.00 0.00 $0.00 0 .00 $0.00 0 .00 $0.00 0.00 $0.00 0.00 $0.00 0 .00 so.oo 0.00 $0.00 0.00 $0.00 0 .00 $0.00 2.00 $110.00 6.00 S6S.OO 1.00 $110.00 6.00 $65.00 2.00 $110 .00 0 .00 $0.00 1.00 $110.00 0 .00 $0.00 1.00 $110 .00 5.00 $65.00 1.00 $110 .00 0.00 $0.00 2.00 $110.00 $.00 $65.00 0.00 $0.00 0.00 $0.00 0.00 $0.00 0 .00 $0.00 10.00 22.00 2.00 $110.00 6.00 $65.00 1.00 $110.00 6.00 $65.00 2.00 $110.00 0 .00 $0.00 1.00 $110.00 0 .00 $0.00 1.00 $110.00 5.00 $65.00 1.00 $110.00 0 .00 $0.00 2.00 $110.00 5.00 $65.00 0 .00 $0.00 0 .00 $0.00 0.00 $0.00 0.00 $0.00 10.00 22.00 0 .00 $0.00 0.00 $0.00 0 .00 $0.00 0 .00 $0.00 0 .00 0.00 Fee not t o exceed : TOTALS Hours Fee ---------- 2.00 S305.oc 2.00 $240.0C 4.00 $480.0C 1 1.00 $1,365.0C 5.00 S580.0C 16.00 $1 ,920.0C 12.00 $1 ,440.()( 6.00 $890.0C 6.00 $810 .0C 1$.00 $1,80S.OC 7.00 $845.0C s.oo $64S.OC 9.00 Sl.l25.0C 30.00 S3,710.0C 5.00 $645.0C 28.00 $3,640 .()( 4.00 $610.0C 2.00 $30S.OC 7.00 $845.0C 176.oofS22,205.0C 0.00 so.oc 2.00 $305.0C 48.00 S5,335 .0C 35.75 $4,2l5.0C 6.00 $830.0C 3.00 $415.0C 13.00 $1.305 .00 3.00 $415.0C 14.00 $1,390.()( 6.00 $810.0C 7.00 $845.()( 137.7SIS15,865.oc 0.00 so.oc 28.00 $2,980.0( 23.00 $2,940.00 6.00 $830.()( 3.00 $41S.OC 13.00 $1,305 .0C 3.00 $415.0C 14.00 $1,390.00 6.00 $810.00 7.00 $845.00 103.oof$11,930.00 0.00 $0.00 48.00 $6,360.00 2.00 $330.00 5o.OOI S6,690.oo 416.75 $50,0 00.00 $44,940.00 $5,0 60.00 $6,690.00 50.00 100% 90% 10% Page 39 G!]sTUDIO 4395 laclede Avenue St. louis, MO 63108 p 314.531.8000 h3studio@h3studio.co m EXHIBIT B-FEDERAL TERMS Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) Each contractor certifies to the tier above by comple ting th e Ce rtification Regarding L o bby ing form, tha t it w ill not and has not used Fed e ral appropriated funds to pay any person or organization fo r influe ncing or a tte mptin g to influence an officer o r employee of an agency, a me mbe r of Congress, officer or employee of Congress, or an e mpl oyee of a me mbe r o f Congress in c o nn ection with o bta ining a ny Federal contract , grant or any o th er award covered b y 31 U.S.C. 1352. Each tier mus t a lso disclose any lo bb y in g w ith non-Fed e ra l fund s t ha t takes place in connection with o bt aini ng a n y Federal award. Debarment and Suspension (Executive Orders 12549 and 12689) A contract award will not be m ad e to parties li ste d o n the government wide exclu s ions in the System fo r Award Management (SAM), in accordance w ith the OMB guidelines , 2 CFR 180. SAM exclusions contain th e nam es of parties de barre d , s u spended or otherwise ex clude d by agencies as well as parties dec lared in e li gi bl e tmder st atuto ry or regulatory authority oth e r than Executi ve Order 12 549. Procurement of Recovered Materials The contracto r mu s t comply w it h sectio n 6002 of the Solid Wa st e Disposa l Acts as amended by the R eso urce s Co n se rvation and Recovery Ac t. The requirem e nts of this section include proc uring on ly it em s designated in g uid e line s of the En vironmental Protection Agency (EP A) at 40 CFR part 24 7 th a t c ontain the hi g he s t percentage of recovered material s practicable , consistent with ma intaining a sati sfactory level of competition, where th e purch ase price of the ite m exceeds $10 ,000 or the value of the quantity acquired during the pre ce ding fiscal year exceeded $1 0 ,000 ; procuring so lid waste manage me nt servic es in a manner th at maximizes e ner gy and reso urce recover y; and esta bli shing an affi rmative procurem e nt program for procure m e nt of recovered m ate ri a ls identified in the E PA guid e lines. Termination 1. Termination for Cause. The C ity may terminate this agreeme nt, in w hol e or in part, at any time befo re the date of completion whenever it is d ete rmined that the contractor has failed to comply with the terms a nd co ndition s of th e agreement. The C ity shall pro mptl y notify the contrac tor in w riting of s uch a detem1ination and the reasons for the termination, to gether w ith the effective date. The City reserves the right to withhold all or a p orti on of funds if th e c ontrac tor v io lates any te rm or condition of thi s agreem ent. Termination fo r cause may be considered for evaluating future agreements . Th e contractor may obj ect to terminations with ca us e and may prov id e informati o n a nd docume nta tion challenging the te rmination. 2. Termination for Convenience. Both the C ity and the contractor may terminate the agreement, in whole or in part, when both parti es agree th at th e continuation of the project would not prod uce beneficia l results commens urate w ith t he further expenditure of funds. 3. The C it y r eserves the ri g ht to tem1ina te the contract at any time, for the convenience of the C it y, w ithout penalty o r reco urse, by givi ng written notice to th e contractor at le ast thjrty (30) calendar days prior to the effective date of such te rmin ation. The contractor s hall be entitl ed to receive compensati on for serv ices and /or s upplie s deli vered to and accepted by the C ity purs uant to the contract prior to the effective da te of termination . CONSENT AGENDA STAFF REPORT ITEM CONSIDERED: Item F SUBJECT: Authorizing Year 3 Bid Renewal with Turn Key Mobile for Police Vehicle Upfitting , DATE CONSIDERED: April17, 2023 DEPARTMENT DIRECTOR(S)~:_ ---b~~~_.IL,_----:---------­ CITY ADMINISTRATOR:--..lli~=-----====----,.L....,.JL.~~~.L..--------- Staff recommends renewing the award of bid 315 or the upfitting of police vehicles to Turn Key Mobile of Jefferson City, MO . This is the second and final available renewal option. The percentage discounts and labor rates remain the same as the original contract period. The department spent approximately $101 ,000 the first year of the contract and $69,000 the second year of the contract. The Police Department is expecting to spend approximately $108,000 for the remainder of fiscal year 2023 (upfitting and equipment for nine vehicles). The contract provides a firm shop rate and discounts off parts. The shop rate is increasing from $80 to $85 . The discounts remain the same. Approval of this consent agenda item would allow the Police Department to renew the bid with Turn Key Mobile for the second and final renewal option. FINANCE DEPARTMENT PURCHASING DIVISION SUBJECT: Bid 3156-Upfitting of Police Vehicles Police Department, Opened March 16, 2021 RECOMMENDATION: Staff recommends renewing the award of bid 3156 for the upfitting of police vehicles to Turn- Key Mobile of Jefferson City, MO. Thi s is the second and final available renewal options. The percentage discounts and labor rates remain the same as the original contract period . The department spent approximately $101,000 the first year of the contract and $69 ,000 the second year of the contract. The Police Department is expecting to spend approximately $108,000 for the remainder of fiscal year 2023 (upfitting and equipment for nine vehicles). The contract provides a firm shop rate and discounts off parts . The shop rate is increasing from $80 to $85. The discounts remain the same. BIDS RECEIVED: A&W Communication, Jefferson City, MO Mhart Communications, Jefferso n City, MO Turn-Key Mobile, Jefferson City, MO Wireless USA, Jefferso n City, MO Shop Rate $65.00 $80.00 $85.00 $85.00 # of Hours per Vehicle 37.50 49.50 40 .00 42.00 The bid was advertised in the February 28, 2021 edition of the News Tribune, poste d on PublicPurchase, and solicited from 6 vendors. FISCAL NOTE: Expended or Account Description FY 2023 'Encumbered Bid Amount Number Bude:et Amount Police Vehicles, Sales Tax G 45-990-575021 Funds $401 450.33 $354 307.00 $47,143.33 Purchase of Equipment, 10-300-572020 General Funds $3 7 162.93 $0 $37,162.93 Police Field Operation 46-990-5 75 009 Equipment, Sales Tax H $174,402.50 $150,511.76 $23,693.74 Funds Bid Total $108,000.00 ATTACHMENTS-SUPPORTING DOCUMENTATION Ba lance $0 $0 $0 City of Jefferson, Missouri Tabulation of Bids Bid Number 3156 Subject: Police Vehicle Upftting Date: March 16,2021 A&W Communicaiton MhartComm Tum-Key Mobile Wireless USA Dept: Police Jefferson City, MO Jefferson City, MO Jefferson City, MO Jefferson City, MO PAGE1 ITEM Unit Price Unit Price Unit Price Total Price Unit Price Total Price YEAR ONE Shop Labor Rate $65.00 $75.00 $80.00 $85.00 Total hours for install/un-install 37.5 19 49.5 28 40 15.25 42 15.75 Total cost for installlun-install $2,437.50 $1,235.00 $3,712.50 $2,100.00 $3,200.00 $1,220.00 $3,570.00 $1,338.75 Equipment Discounts Whelen Equipment 45% 30% 35% 10% Jotto Equipment 25% Blank 15%/30% 10% Sante Fe Equipment 10% Blank No Bid 10% Havis Equipment 25% 30% 20%/30%/25% 10% Other Manufacturer's Equipment 20% 25% Varies 10% Any other fee considerations: Complete upfit with all items-totallabor-$1, 755 YEAR TWO Shop Labor Rate $65.00 $77.00 $80.00 $85.00 Equipment Discounts Whelen Equipment 45% Manufacturer based 35% 10% Jotto Equipment 25% Blank 15%/30% 10% Sante Fe Equipment 10% Blank No Bid 10% Havis Equipment 25% Manufacturer based 20%/30%/25% 10% Other Manufacturer's Equipment 20% Manufacturer based Varies 10% YEAR THREE Shop Labor Rate $65.00 $80.00 $85.00 $85.00 Equipment Discounts Whelen Equipment 45% Manufacturer based 35% 10% Jotto Equipment 25% Blank 15%/30% 10% Sante Fe Equipment 10% Blank No Bid 10% Havis Equipment 25% Manufacturer based 20%/30%/25% 10% Other Manufacturer's Equipment 20% Manufacturer based Varies 10% ITEM Discount for prompt payment N/A Net30 Net30 2%10 days Represent a DBE · No No No No Rep a woman-owned business No No No No Agree to Coop with Cole County Yes Yes Yes Yes Agree to Coop with Hous Auth Yes Yes Yes Yes Email address Twhite®aw-comm com mhartcomm@~ahoo.com kathvtmturnkevmobile.com victor.attard@wirelessusa.com JEFFERSON CITY POLICE DEPARTMENT To: Leigh Ann Corrigan, Purchasing Agent From: Roger Schroeder, Chief of Police Subject: Bid Number 3156-Up fitting of Police Vehicles Date: March 30, 2021 The Police Department bas completed the review of bids tabulated and product information received for the up:fitting of police vehicJes . The department recommends that the contract be awarded to Turn-Key Mobile of Jefferson City, MO. Turn-Key Mobile was the second lowest offive bidders. The decision to not award the lowest bidder, A& W Communication, was based on previous involvements with A&W Communication. Capt. Heislen indicated the following: In the past (since I took over the fleet in 2014) the department utilized A&W for the installation of vehicle equipment. During that time we had several issues with the installation (cup holders installed backwards, side mjrror lights installed upside down, etc.), timeliness ofthe installation (some cars taking 3-4 weeks to complete), and limits on the functionality of the equipment when installed (not utilizing available features on the equipment). There were several instances the vehicles were not up:fitted correctly and required being returned to A& W to reinstall the equipment. After multiple conversations regarding the quality of the installation, the problem persisted. In 2020 the department utilized VlP in St. Peters, MO and experienced simHar issues with the installation, along with the issue of having to take the vehicle 1.5 hours away to be repaired when not upfitted correctly. I spoke with Turn-Key Mobile regarding the issues the department faced with vehicle equipment installation services. The department's expectations were made clear as to what is expected as a final product Due to the continued issues over the span of several years with A&W, the department recommends awarding the bid to Tum-Key Mobile. City of Jefferson Finance Department, Purchasing Div. 320 E. McCarty St Room 202 Jefferson City, MO 65101 April 10, 2023 Turn-Key Mobile 210 Prado Drive Jefferson City, MO 65109 Mr. Southard: Carrie Tergin, Mayor Leigh Ann Corrigan Purchasing Agent The current agreement generated by 83156-Upfitting of Police Vehicles is set to expire April 19. 2023. The original agreement carried two (2) additional one year renewal periods. Do you wish to renew for year three? This letter should not be constructed as an offer to execute an agreement for services, but an inquiry to ascertain your interest in its extension. Should the city decide to renew the agreement. a formal contract or renewal agreement will be furnished to you. Please return your reply within ten ( 1 0) days to my attention at the City of Jefferson, Office of the Purchasing Agent, 320 East McCarty Street, Jefferson City, Missouri 65101. fax your response to (573) 634-6329 or you may email to purch.tsmg a Jt:l tell\ mn .or:.!.. Sincerely, Craig Vaughan Purchasing Technician ~ Yes, I would like to renew year three of agreement created by 83156 0 No. I would not like to renew current agreement created by 83156 Signature ___ '1ft_=~-... ---~------Date: Vaughan, Craig From: Hazelhorst, Jordan Sent: To: Monday, April 10, 2023 1 0:03 AM Vaughan, Craig Subject: RE: B3156-Upfitting of Police Vehicles Yes we would like to renew. Jb't"~ HD-2~* Management Analyst Jefferson City Police Department 401 Monroe St. Jefferson City MO, 65 101 Office: (573) 634-6348 From: Vaughan, Craig <CVaughan@jeffersoncitymo.gov> Sent: Monday, AprillO, 2023 9:58AM To : Hazelhorst, Jordan <JHazelhorst@jeffersoncitymo.gov> Subject: B3156-Upfitting of Police Vehicles The current agreement with Turn -Key Mobile for police vehicle upfitting is set to expire April19, 2023 . The original agreement carried two additional one year renewal periods. Would you like to renew for Year Th ree of the agreement? Craig Vaughan Purchasing Technician Tel: 573-634-6324 Fax: 573-634-6 329 City of Jefferson 1 BILL SUMMARY BILL NO: 2022-121 SPONSOR: Councilmembers Fitzwater and Spencer SUBJECT: A Supplemental Appropriation from Unbudgeted Sales Tax G Funds to Street Resurfacing DATE INTRODUCED: April17 , 2023 Staff Recommendation: Approve . Summary: When approved , funds will be transferred from the unbudgeted funds within Sales Tax G to the Street Overlay account to provide additional funding for street resurfacing and repair. Origin of Request: City Staff Department Responsible: Public Works PERSON RESPONSIBLE: MATTHEW J. MORASCH, P .E ./David Bange, P.E. Background Information: The rising cost of construction materials has diminished the City's ability to maintain the streets at a level that is deemed acceptable . Over the last four years the overall condition rating of our streets has fallen from 74% to 70%, and at the current funding levels , is forecasted to continue this downward trend . The infusion of unbudgeted funds from within Sales Tax G will allow the City for a time to return to the number of lane miles of resurfacing that had been produced prior to the rise in prices and thereby stopping the overall decline of the condition of our streets. Fiscal Information : Revenue: 45-1 00-495995 Transfer From (To) Surplus Expense : 45-990-577031 Street Resurfacing $1,649,000.00 $1 ,649,000.00 BILL NO . 2022-121 SPONSORED BY Councilmember Fitzwater and Spencer ORDINANCE NO . ____________ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AMENDING THE , BUDGET OF THE CITY OF JEFFERSON , MISSOURI, BY SUPPLEMENT ALLY APPROPRIATING ADDITIONAL FUNDS WITHIN SALES TAX G . BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. There is hereby supplementally appropriated from unbudgeted funds within Sales Tax G to the Street Resurfacing account, $1 ,64 9,000.00 as indicated on Exhibit A , attached hereto . Section~· This Ordinan ce 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 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 T e rgin Bill 2022-021 Exhibit A SUPPLEMENTAL APPROPRIATION FISCAL YEAR 2022-2023 BUDGET Sales Tax G Fund: 45-100-495995 Transfer From(to) Surplus $1,649,000.00 45-990-577031 Street Resurfacing $1,649,000.00 BILL SUMMARY BILL NO: 2022-122 SPONSOR: Councilmember Schreiber SUBJECT: Authorizing a $419,992 Agreement with Huntington Technology Finance Inc., to Lease Body Worn Cameras and Body Worn Camera Equipment DATE INTRODUCED: April17 , 2023 DEPARTMENT DIRECTOR(S): ___ t6-~=-~,.------------- CITY ADMINISTRATOR:~.___._..::::....._-=---+~~'-1-n-7"7-----:----------- Staff Recommendation: Approve . Summary: Approves the execution of a 3-year $419 ,992 agreement with Huntington Technology Finance Inc., to lease body worn cameras and body worn camera equipment. Origin of Request: Police Department Department Responsible: Police Department PERSON RESPONSIBLE: ERIC WILDE , Chief of Police Background Information: The Jefferson City Police Department is requesting to enter into a 3-year agreement with Huntington Technology Finance Inc., to lease body worn cameras and body worn camera equipment. The Jefferson City Police Department has been awarded $180 ,000 of federal grant funding through the Bureau of Justice Assistance Body Worn Camera and Implementation Program Grant. The grant will provide $60 ,000 in funding for three years. The Jefferson City Police Department is responsible for the remaining expenses of the body worn camera program costs . Fiscal Information: The funding source of non -federal funds will be Sales Tax G (Account Number 45-990-575009). BILL NO . 2022 -122 SPONSORED BY Councilmember Schreiber ORDINANCE NO . ________ _ AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , AUTHORIZING THE , MAYOR AND CITY CLERK TO EXECUTE A $419,992 AGREEMENT WITH HUNTINGTON TECHNOLOGY FINANCE INC ., TO LEASE BODY WORN CAMERAS AND BODY WORN CAMERA EQUIPMENT. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a three-year lease agreement with Huntington Technology Finance Inc ., in the amount of $419 ,992 . Section .f.. The Agreement with Huntington Technology Finance Inc., shall be substantially the same in form and content as that agreement attached hereto as Ex hibit A. Section~-This Ordinan ce shall be in full force and effect from and after the date of its pa ss ag e and approval. Passed : __________ _ Approved : _______ _ Presiding Officer Mayor Carrie T erg in ATTEST: APPROVED AS TO FORM : City Clerk City~ Lease No . -001 dated April 10, 2023 EXHIIITA Lessee: C it y of Je ffer so n. Mi sso uri Street Address: 320 E. Mc Ca rt y Street C ity/S t ate/Zip: Jefferso n Cit y. MO 6510 I Eq uipment Qt. Mfr. Ty e/Mod e i/Featurc Lesso r : Street Ad dress: City/S ta t e/Zip: Dcsc ri lion Turn-Key Mob ile, Inc. 451 0 Co un try C lub Dr ive Jefferson City, MO 65 109 Se ria l Num ber Le sso r's Basis Renta l Pa men! S EE EX HIBIT!\ AHACHED HERETO AND INCORP O RATED HE RE IN Base T erm : 36 mo nth s. Rental Payments and Du e Dates: Ren tal Pay me nt s are due as follows: Paymen t!: $14 3.183.6 1 (du e Jun e 1.2023) Paymc nt 2 : $14 3.18 3.6 1 (d ue June 1.2024) Paymc nt3: $14 3.183.61 (d ue Jun c 1.2025 ) Rental P erio d : Each consecutiv e 12-ca le nd ar month period duri ng the Term. beginning on th e Base Term Co mm ence ment Date. Equipment Lo catio n: 320 E. Mc Carty Stre et Jefferson City. MO 65 10 I Special Term s : Total: $419,992.00 See Be low Base T e rm Commen ce men t Date: J une I, 2023 Outs id e Acceptance Date: May 3 1. 2023 I . The pricin g set forth in thi s Lease is based o n an Ap pl icab le Ra te (as de fin ed be low) o f 3.87% ("Referen ce Rat e"). As of the date Le ssor rece ives th e Acceptance Ce rtifi cate fo r th e last acce pt ance here under. the Ren ta l Payments shall at Le sso r's di sc retio n be ratably adjusted by Lessor to renect any change in th e Appl icabl e Rat e using th e sam e methodo logy. spread s, a nd assu mpti o ns or igi nall y used by Lessor in establishin g the pr ic in g ori g inall y stated here in . Lessor sha ll notify Lessee of any change in th e Ren ta l Pa yme nt s a nd Lessee agrees to execute such documents as may be req uired to re n ect a ny such changes . Howeve r, th e failure of Lessee and Le sso r to enter into an y suc h d oc uments sha ll not in any way affect Lessee's ob li gati o ns under thi s Lease whi ch shall be ba sed on th e final Re nt al Pay ments determined in acco rdance with the foregoing. Th e ''Applicable Rflle" is the rate of3-ycar int erest rate swa ps as report ed by so urces Le sso r reasonably deems re li ab le for the most recently reported business day occurring o n or before th e date of dete rminat ion. If Lessee do es no t agree with Lessor's determinat ion o f th e Re nt a l Payments as provided in thi s paragraph. it will nonet he less make pay ments based so lely o n Lessor"s det e r minat ion until the correct a moun ts are finall y determin ed. at which tim e th e parties w ill make a n adju stin g pay men t as appropriate. 2. Atta ched he re to are c ert ain "Federal T e rm s,'· which are in corporated here in with Lessee be in g the city referred to th e rein and Les so r being the contrac tor and vendor re ferred to there in (w het her or not such terms ar c cap itali ze d). I. Lease. Le sso r leases to Le ssee the equipm en t ('Equipment ') desc ribed in thi s Lea se. Le ssor a lso finances for Lessee the costs of th ose soft wa re, se rvi ces, consum ables, and oth er no nhardware items desc ribed in thi s Lea se a nd include d in the Lesso r·s Basis ('Soft Cost Items'). T he Lessor"s Ba s is include s th e price to Lessee of th e Equipme nt in t11 e absence of th e lease th ere of under thi s Lease. and Le ssee·s cost of cert a in So ft Cos t It ems in th e absenc e of Lessor" s financing th ereof und er thi s Lease. If a ny Spec ia l Terms are s pecified above and incon s iste nt wi t h the remainin g prov is ion s of thi s Lease. th e Spec ia l Term s s ha ll control. 2. Purchase. Le sso r is a supp li e r and prov id e r, a nd any oth er pe rsons identifi ed in this Lea se o r any Acceptance Certifi cate or who arc oth erwi se provid in g. s uppl yin g. or perforn1 in g Soft Cost Ite ms or to be paid any po rti on of th e Lesso r's Ba sis as th e cos t thereof arc third party suppliers a nd providers ('Third Party Providers ') of th e Equipment and So n Cost Ite ms. Ship pin g a nd del ive ry of th e Equipment to th e Equipment Loc ation and in sta llati o n of the Equ ipm e nt a rc a t Lessee 's ri sk and ex pense. Lessee shall be and remain re spo ns ible to Lessor an d any T hird Part y Provider for th e purchase of and pa yment for th e Equ ipment a nd Soft Cos t Items. in acco rdance with Lesso r"s a nd an y Third Pa rt y Prov id er"s stand ard te rms. as applicable , inc luding as to pay ment term s, indemnitie s. wa rrantie s, limit at io ns on a ny o r th e for egoin g, a nd other matte rs, except a s o th e rwise prov id ed in thi s Lease. 3. Acce pta nce. In lieu of Lessee purchas in g th e Eq uipment from Lessor (or any a ppl icab le Th ird Party Provider). a nd Lessee paying the Lessor's Bas is for th e Equ ipment and Soft Cost It e ms, Le ssor wi ll re tain. or (in lieu o f Lessee) purc hase, the Eq uipm ent, and re li eve Lessee o f its ob li gat io n to pa y. o r assume Lessee's ob l igatio n to pay. th e Lessor"s Basis for the Eq u ipmen t and Son Cost Items . and Lessor will lease the Equipment to and finance the Sofi Cost It ems for Lessee. but o nly if: no Event o f Default. or even t that with noti ce or the lapse o f time o r bo th wou ld co ns titu te an Eve nt o f De fa ult , is co nt inuing; and on or before the Outsi de Accep ta nce Date o r, if no Out sid e Acceptance Date is spec ified in thi s Lease, o ne mon th from th e date o f thi s Lease (or suc h late r da te as may be acceptable to Lesso r in it s so le d isc re tio n): (a) thi s Lease is exec uted by the parties: (b) Le ssee accepts th e Equi pmen t and Sofl Cos t Item s ('Acceptan ce Dat e '): (c) Le sso r rece iv es a certillcate of acceptance th erefor accep tab le to Lessor and executed by Lessee ('A cceptan ce Certificate'); and (d) Lesso r receives s uch oth er docum ent s or assurances as Lessor ma y reaso na bly req uest. By exec uting th e Acceptance Cert ificate, in addition to it s prov is ions. Lessee represent s and warrants that: Lessee has selected the Equipm e nt an d Son Cost It e ms: Lessee has bee n informed by Lessor or otherwi se know s of any Third Party Pr ov ider's ident ity; and Le ssee has irre vocab ly acce pted the Eq uipment and Sofl Cos t Ite ms. Page I of7 g:lbusscrvlww23\Wicdcrho m\Cil y of JciTcrson\00 1-sch.doc Public 4. Term: Non-Appropl'iations. The initi al term of the lease o f an item of Equ ipm en t and fin ancing of a Soft Cost It e m ('Initial Term ') begi ns on th e item ·s Acce pt ance Da te and co ntinues throug h the Base Term Co mm ence ment Date and then for th e Base Term (un less te rmin ated ea rli er as ex press ly prov ided herei n). Any re newa l term ('Renewal Term') beg in s at the end of. as app li ca bl e. th e Initial Term or an y preced in g Ren ew al Term (th e Initi al Term and all Renewa l Te rm s cu rren tl y in effect. previou s ly in effect. or whi ch are to come int o effec t as pro vi d ed in thi s Lease or by oth er written ag reement of th e pa rti es. co ll ec ti vel y, 'Term"). If Lessee noti fi es Lesso r at th e time it execut es thi s Lease th at leases wi th Le ssee arc generally subj ect to mone ys bei ng dul y appropriat ed, th en. and onl y th en, will the rem aind e r o f thi s paragraph appl y: (a) as of th e date Le ssee ent ers thi s Le ase. Lessee affirms it s present int ention to co ntinue thi s Lea se for it s en tire sc hedu led te rm an d to pay all amounts rela tin g he reto. a nd to th e ex te nt permitt ed by law. to d o all things lawfull y wi th in its power to ob tai n and maintain fund s fr om whi ch th e Renta l Payment s an d all oth er amo un ts clue hereund er may be made, includ in g all ocating in it s budge t reque st for eac h fi sca l yea r du ri ng the Term all amoun ts anticipated to beco me d ue in such fi sca l year. and also in clu din g us in g its best effort s and all reas onabl e and lawful mea ns avai lable to secur e th e app ropr iat ion suc h amo unt s: (b) parties acknowl edge th at appropriation for s uch amount s is a gove rnm ent al fu nction whi ch Le ssee ca nn ot contrac tu all y commit it se lf in adva nce to perform and th at thi s Lease doe s not co nstitut e s uch a co mmitm ent. howev er. Lessee reaso nab ly be lieve s th at mon eys sufficient to pay such amounts can a nd will law fu ll y be appropri ate d and made ava ilable to permi t Lessee 's co ntinu ed use of th e Equipm ent in the perfo rm ance of it s esse ntial fu nct ions durin g the term of thi s Lease: (c) if Lessee fa ils to ap pr opriat e suffi cient moneys in any fisca l yea r for Rent al Pay ment s or other amount s du e und er thi s Lease. and if oth er fu nds are not ava il abl e for such pa yment s. th en Lessee shall g ive Lesso r notic e and writt en ev id ence of th e no n-appropriat ion at leas t 60 da ys be fore the en d of the the n current fi sc al yea r or, if th e non-appropriati on has not occ urred by then , immed iately upon th e o cc urrence of th e non-ap propri ati on, in which case, on th e las t cl ay of th e fi sc al yea r lo r whic h appropri ation s have been mad e, thi s Lease and th e Term here o f s ha ll termin ate (w ith ou t penalty or fee to Le ss ee) and Le ssee shall ret urn all o f the Equipm ent to Le ss or in accordance wi th Sectio n 16 on or before th at date: an d (d) Lessee shall non ethel ess a nd in a ll eve nts be required to pay all Rent al Pa yments and oth er amounts du e or to becom e d ue un de r th is Lease for whi ch mo neys shall have bee n app ro pr iated or are otherwi se avail ab le. a nd. for the avo id ance of do ubt. and as pro vide d in Sec tion 2 5 for an y peri od in wh ich Le ssee fail s to ret urn th e Equi pment as required abov e. 5. Rental Pavments. Regar dl ess of whether Le ssee receives in vo ic es or noti ces th at an y Renta l Pay ment s are due, Le ss ee will pay the Rental Pa yment s, plu s all app li ca bl e T~-xcs. lor th e Term . at such address as Less or may spcc i fy in writin g (includin g in a ny in voice). on the Due Dates. Le ss or will invoic e Lessee for Rental Pay ment s, but th e sol e remed y fo r any fai lure to in vo ice s ha ll be th at no lat e int e re st sha ll accrue und er Sec ti on 25 on an y Rent al Pa yment unt il pay ment has bee n deman ded in wri tin g (in cluding in any invo ice) for at least 30 days . Thi s Lease is a net lease and is no nca nce lab le during it s Term (exce pt as express ly prov ided in thi s Leas e). From and after the Acceptance Da te , Lessee 's obl igation to pay Rental Pay ments and other amo unts under thi s Lea se s hall be, except to the limit ed extent provided in Section 23, Lessee's in depend ent, abso lute, and uncondition a l pay ment obligation, and not be s ubj ect to abatement, redu ction, offset, recoupment, compensation, crossclaim , counterclaim, or any other defense whatsoeve r, arising under this Lea se or otherwise, or against Lessor , Assignee, any Third Party Provider, the Equ ipm ent's man ufacturer ('Manufacturer'), or any other perso n. However, th e fo rego in g do es not li mit Le ssee's e nfo rcement of ri ght s again st Lessor in a se parate action at law. for d irect d amages resultin g from Le ss or 's negli ge nce . willfu l mi sconduct. or breach o f thi s Le ase . 6. Lessee's End of Term Optio ns. At the end o f the Term. Le ss ee ha s the ri ght , but not th e obli gati o n. to exe rci se one of these op ti ons. bu t onl y if Le ssee g ives irrevoca ble noti ce to Lesso r un eq ui vo ca ll y elect in g one of th ese opt ion s ('Exercise Notice') and th e Exerci se No ti ce is rece ive d by Lesso r at least 90 day s befo re th e en d o f the Te rm: (a) Purc hase Op t ion. If no Eve nt o f De fa ult is co ntinuin g at the tim e Le sso r receives th e Exe rcise Noti ce or at the en d o f the Term. Le ssee may pu rchase all of th e Equip ment in wh ich case: Lessee will. on th e las t day of the Term. pay Lessor the f'air Market Val ue pr ice o f the Equipment determin ed as o f the date of th e Exercise No tice. an d all app li ca bl e Taxes: Lessee wi ll make all oth er pa yment s required durin g the remainder of th e Term ; and , at th e end of the Term , thi s Lease will terminate and Lessee will be entitl ed to Lesso r's int e rest in th e Equipment. (b) Re newal Op tion. If no Eve nt o f De fault is continuing at the time Le sso r receives th e Exe rcise Noti ce or at th e end of th e Term and Lessor determin es that no material adverse chan ge in Lessee's bus in ess or financ ial conditi on has occu rred sinc e th e Acce ptance Dat e, Lessee may rene w th e Term for a Renew a l Term of 6 month s or more as specified in th e Exe rci se No tice in which case: the Rental Paym ent will be th e f'a ir Market Va lu e ren t of a ll o f the Equipm ent for th e Rene wa l Term: the parti es will enter int o a Le ase sup plemen t confirm in g th e appli cab le Rental Pay ment and Renew al Term ; and all oth er provi s ions of thi s Le ase will contin ue to appl y (but the failure of the partie s to enter in to such a suppl e ment will not conditio n or affect Lessee's ob li gations durin g the Renewa l Term ). (c) l?etum Option. Le ssee ma y ret urn all of the Eq uipm ent , in whi ch case Le ssee will return th e Equipm ent to Lessor in accor dance with Secti on 16 within I 0 days of the las t day o f th e Term. If o ne o f the for egoi ng option s is not exe rci sed, the Tern1 wi ll aut omati call y exten d for suc cess ive !-mont h Renewal Term s in whi ch case Lessee will continu e to pay Le ss or rent at th e rate of th e total per iodi c Rental Payment prev iousl y in effec t for all item s o f Equipm ent and Soft Cost It em s (o r, if the Ren tal Pay ment s for th e Base Term or Renewal Te rm pr eviou sly in effect we re not consta nt for all who le Rental Period s, at th e rat e of the sum of suc h Rent al Pay men ts divid ed by th e number of Rent a l Period s) (th e 'Previously Effective R ental Rate'): and a ll oth er prov isio ns of thi s Lease wi ll continu e to appl y. Lessee's purchase. renewal, and re turn options an d the aut omatic renewa l prov ision s pro vid ed for in thi s secti on appl y at th e end o f th e Initi al Term and all option al or autom at ic Renewa l Term s. If Lessee fai ls to co mpl y with th e term s of any o ft he for egoi ng opt ions elected by it. Lesso r ma y in its ab so lute di scret ion ele ct to terminat e the Exercise Notic e in whi ch case the automati c renewa l pro vi s ion set forth above will appl y as if no Exe rcise No tic e we re given , or Le ss or may pro ceed as otherwise permitt ed by thi s Lease , including ex erci sin g th e remedi es pro vid ed for in thi s Lease or at law. Th e foregoing app lies fo ll owi ng th e noncompl ia nce with any of the foregoing opti on s no twi th standing th e ex ecuti on or entry into of any Lea se sup plement, bill of sale . purchase agreem e nt. co nfi rn1at ion. or othe r doc um ent ati on memoriali zin g and/or con firmin g the exe rci se o f th e option or the term s o f the exerc ise. 7. Taxes. Lesse e wi ll pa y Lessor (or pay directl y to the ap plic able t ~-.;i n g auth orit y if in stru cted in writin g by Lesso r) all t~-.;e s, fe es. and assess ment s th at may be impo sed by any gove rnm ent a l entit y or ta-x ing auth orit y on th e Rent al Pay ment s or th e Equipme nt or So ft Co st It ems, or their purchase (b y Lessee, or by Le ssor from any Third Part y Pro vid er), ow nership , del ivery, return . po ssess ion , op erati on , sa le (by Le sso r to Lessee). or renta l, whether impo se d on Lesso r or Lessee or a ny o f th eir affili ates or an y Equipm ent or So ft Cos t It ems. thi s Lease, or any rel ated in s trum en t ('Taxes '). T~-xes inclu de all lic ense and regi stratio n fees, environmen tal fees, and all sa les, use. personal prop erty, bu s in ess trans fer, va lu e added , goods a nd services , and oth er taxes, and go ve rnmental and transaction ch arges. toget he r with any pen alti es. fin es and interest th ere on (exce ptio th e extent resu ltin g from Lesso r 's neg li ge nce or willful mi sco nduct), th at may be impo se d durin g th e Te rm or Possess ion Period (as de fin ed in Sectio n I 0) or after th e Term o r Possess ion Peri od and rela tin g to eve nt s or co ndi t ions occurr in g or ex ist ing du rin g th e Term or Possess ion Per iod. Lessee will not be liab le lo r : Tax es imposed on o r meas ured by Les sor 's ne t in come or ta-.; pre fer ence it em s; overall bu sin ess t~xes th at are in li e u of net in come taxes: or Lessor 's co rp orate fr anc hi se or net worth taxes. If Lessee is required by la w or admini strat ive pra cti ce to ma ke an y re port or return wit h res pec t to T~xes . Lessee wi ll promptl y g ive Lessor no ti ce an d cooperate wi th Lesso r to ensure th at suc h ac tion is pro pe rl y made an d Le ss or 's interests accurate ly rcnected. Lesso r ha s no obli gati on to con test or prese rv e any right to co nt est Taxes. However . Lessee may cont es t Taxes in it s own nam e and at its own expe nse so lon g as . in Lesso r's op in io n. th e cont es t wi ll not res ult in an encum bran ce on an y Equi pment or oth erwi se j eo pa rdi ze Le sso r's right s or interes ts in an y Equipm ent. 8. C ovenants. Lessee will durin g th e Term : (a) maintain the Equipment in good workin g orde r and con d iti on, in acco rd ance wi th the Manufacturer's recommended engineerin g an d main te nan ce standards, and, exce pt for personal co mputers, at the Manu fac turer's cu rrent or min imu m eng in ee rin g cha nge leve ls: (b) use th e Equipment on ly in connection with its bus in ess operat ion s and for th e purp oses for whi ch it was de signed and in compli ance wit h all appli cab le operatin g standa rds spec ifi ed by th e Man ufactu re r or Page 2 of 6 g:lbusscrv\ww23\Wicdcrhom\C ity o f JcfTcrson\00 1-sch.doc Public rea sonabl y speci fi ed by the Le ssor and all in surance requir ement s; (c) keep th e Equ ip ment at the Equipm ent Lo cation , ex cept Lessee ma y move the Equi pment to a nother of its bus in ess lo cati ons wit h in the conti nental United State s of Am erica if (and on ly if) it not ifi es Le sso r of the remov a l wi thi n 30 days therean er (ho weve r it em s int ended for travel such as laptop computers ma y be temp oraril y rem oved from th e Equipm ent Loc ation with out co mpl yin g with th e foregoing if th ey re main domi ciled at th e Equipme nt Lo ca tion): (d) affi x to th e Equipm ent an y label s Less or ma y suppl y stating th e Equ ipm ent is owned by Lessor: (e) except for personal comput ers. ke ep in e ffe ct a maintena nce contrac t for the Equipm ent. if gen erall y avail able. with Lessor or the Manu fac tu rer or an other part y accept able to Lesso r: (I) make all alt erat io ns or ad di tio ns to th e Equipment that ma y be requ ired (o r s uppli ed at no cost or und er a maint enanc e agree ment ) by th e Ma nufac turer or oth er maint enance prov ide r or whi ch are oth erwise requi red to compl y wi th subsection (b) abov e or s ub sec tion (h) below : (g) make no othe r alteratio ns or addition s to th e Equipmen t exce pt additi ons th at: do not imp air the valu e or pe rformance o f th e Equipm ent , are rea dily remo va ble with out damage to the Equipm ent. a nd do not res ult in an encumbran ce on the Equ ip ment: (h ) comp ly wit h all laws and reg ulation s appli cable to or affe cting this Le ase . th e Equ ipm ent, or Lessee. including maintain ing all req uir ed in suranc e an d obta ini ng all gove rnm ental permiss io ns necess ary for it to so comp ly or th at may be req uir ed of Less or in so co mp lyin g, and in cludin g occ upatio nal safet y and employment law s and laws relating to hazard ous mater ials an d the en vironment. and al so includin g any licenses fo r Le ssec ·s business operation s or operati on o f the Eq u ipm ent: (i) furni sh Less or with it s a nnual certifi ed or aud it ed and quarte rl y financial stateme nts (at a ny tim e that it s current fin ancial stat ement s arc not read il y av aila ble on th e int e rnet through a fr ee go ve rnmental we bsite), and Lessee repr ese nt s a nd warrant s that all such fin anci a l statement s or other fin ancial inform ation will be prepared in accordan ce wi th gene rall y acce pt ed accountin g pr in cip les and accuratel y prese nt Lc ssee·s fina n cial po s ition as o f the dates give n: U) furni sh Lessor with opini o ns o f co un se l to Lessee. and resolution s. cert ificati ons o f th e names, title s. s ig natures, and a uthori ty o f th ose person s exe cutin g Lease do cument s on behalf of Le ss ee . and such oth e r information an d doc ument s as Lessor may reaso nab ly req ues t: (k) not pem1it th e Eq uipm ent to bec om e an access ion. a fi xtu re. or real o r imm ovea ble pr operty : (I) permit Lesso r to in spec t th e Equ ipm ent and Lessee·s app licab le maint enance agreem e nts and record s at an y reasonab le tim e (subj ec t to Lcssee ·s usual. reasonable sec ur it y procedures): and (m ) pr omptl y notify Lessor of: a ny chan ge in Le ssce·s name, an y change in the loc ati on of Lcss cc·s chie f exec uti ve office, an y tra ns fe r by Lessee, au th orize d or not, o f an y in terest in or be nefit from th e Equipm ent, and an y change, au thor ize d o r no t. in the loca tio n o f any Equipment (exce pt temp orary re lo cati ons o f item s int ended for tra ve l). 9. Title to Equipment. The partie s ag ree, unle ss th is Lea se g ives Less ee the opt ion to purch as e all of th e Equipment at th e end o f th e Term for a pri ce o f $1. that : (a) th ey intend thi s Lease to be an op eratin g lease; (b ) by the pa rtie s · ex ecuti o n of thi s Lease. Lessee acqu ire s no ownership inter est in the Equ ipm ent. wheth er ve sted or con tin ge nt: (c) Lessee's int erest in the Eq uipm ent is limit ed to that of a lessee onl y and Lessor retain s all th e right s o f o wn e r th ere in : and (d ) any pro vis ion s in thi s Lea se in d icatin g to the contrary arc for precau ti onary pu rpo ses on ly. The Eq uipm e nt will remain the pe rsona l propert y of Lesso r e ven if ph ys icall y attach ed to real prope rty at a ll times un ti l: Lessee is e nt it led to Lessor's int erest in th e Equipm ent as ex pressly pr ov ided in thi s Lease: or Lessee agre es to th e purcha se of the Equ ipm ent. und er thi s Lease or by oth er written agreemen t of the pa rties, Lessee pays th e pu rcha se pri ce and applicab le Ta.'(es in co nn ec ti on with the purchas e in full. and a ll other cond iti ons to the purcha se arc fu lfilled .. Lessee w ill ot herwi se kee p th e Equ ip ment fr ee o f e ncumbrances (oth er th an thi s Lease or encumbran ces c reat ed by Le sso r). Be fore th e Ac cepta nc e Dat e, if requested by Lessor. and fro m time to tim e wi thin 30 days o f an y re ques t by Lesso r. Lessee will pr ov ide a wr itten wa ive r o f any claim to th e Equipment by an y p erson hav in g a n inter est in the real propert y where the Eq u ipme nt is lo cated. Lessee ha s no r ight or in teres t in the Equipment except that id en tifi ed in thi s Lease 10. Ri s k of Loss. From de live ry of the Equipm ent to Le ssee until th e Equ ipm ent is return ed to and rec eiv ed by Le ss or ('Possessi on Period '). Lessee bea rs the entire ri sk of non -deli ve ry. who le or partial lo ss . th c fi , d estruc tion or damage to th e Equipm ent fr om any cau se what soever. o r requi siti on of the Equipm ent by an y gove rnmental entit y, or ex pro pri at io n or the takin g of th e Equipm ent by emin ent domain o r oth erwise (c o llective ly. 'Loss '). Lessee will give Lessor notice within 10 days of a ny Lo ss ('Loss N otice'). Ex cept as pro vide d in this sec tion. no Lo ss wi ll condition , reduce , or rel iev e Lessee's Lea se ob li gati on s, including it s obl igati on to pay Rental Pa yment s in fu ll. If any Equipm ent is d amag ed but can be economi call y repa ired , Lessee wi ll immediatel y pl ace the Equ ipm ent in good work ing orde r an d co ndi tio n. If an y Eq uipm en t is subject to any oth er ki nd of Lo ss, Le sse e ma y in it s Lo ss oti ce elec t to co ntinu e a ll Rent al Pay ment s with out int erruption and with in 30 days o f the Loss pay Lessor for th e supp ly. at then applicab le pr ices, o f replac ement equ ipm ent of identica l mode l, Manufacturer, co nfi g urati on, and featur es in which case Suppli er wil l. if availabl e, supply the repl ace ment equ ipm ent to the Equipm ent Lo cati on and upon de l ivery. in stal lati on, and ac cept ance by Le ssee the reo f the repl acement equ ipme nt wi ll be replaced for the Eq ui pm ent s ubject to the Loss, and Lessee sha ll be en titl ed to Lesso r's int eres t in the Equipm ent subject to th e Lo ss . If Lesse e do cs not pla ce th e Equipment in go od wo rkin g orde r an d cond iti on within 30 da ys of an y ec onom ical ly repairable damage, or elec t to and effect and pay for th e replacement o f an y Equipment subject to an y oth er kin d of Loss (in cludin g if th e rep lace me nt or Lcssee·s ac cept ance of the repl acement equipm ent is hin de red by an y cau se. wheth e r or no t und er th e control of any person , oth er th an th e gro ss neg li ge nce of Le ss or), Le sse e will up on Le ss or's de mand pay Lesso r the Lesso r's Re turn (as d efin ed in Sec tion 19), ca lcul ated by Lessor as o f th e da te of Loss. and up on Lc ssor·s rece ipt o f th e Le ss or·s Return. plu s all oth er amounts th at arc o r beco me du e under thi s Lea se, thi s Le ase wi ll terminate and Le sse e will be entitled to Less or's in te re st in the Eq uip ment . II. In suran ce. Lessee will at it s expe nse durin g the Po ssess io n Period maintain: (a) insuranc e again s t th e lo ss, theft, or dama ge to the Equ ipment for it s fu ll replacem ent va lue, namin g Lessor and it s success ors and assign s as sol e lo ss payee; and (b) public liability an d third part y prop erty d amage in suran ce in the amount of $1,0 00,000 or such oth er amount as may be requested by Lesso r, per occurrence. naming Lesso r and its successors and ass igns as addition al in s ured. Such in suran ce shall be reasonab ly sati sfa cto ry to Le ss or; shall co ntain the in sur er 's agreement to giv e Lessor 30 da ys · written noti ce be for e any canc ellation or ma ter ial chan ge; s hall be payable to Lessor rega rd less o f any ac t, omiss io n or breach by Le ssee : and sha ll pro vid e for co mmerciall y reasonab le dcductibl es sati s fa ctory to Less or. Lessee will pro vid e Lessor with certifi cates of such in s ur ance effec ti ve for the entire Te rm. Any in surance pro ceed s of such in sura nce rec eived by Lessor or Ass ig ne e in respect of eve nt s wit h re spe ct to wh ich Lessee has con curren t Lease obligations (including obl igations und er Sec tion s I 0 or 15) will be appli ed by Lessor to tho se obliga tio ns . Le ssee has no ri ght to th e bene fit of any ins uran ce maintain ed by Le sso r. 12. S uppli er and Third Partv Provider Warranties. Lessee is entitled to th e promises and warranti es pro vid ed to Lesso r by any Third Pa rty Prov id er in conne cti on with the Equipm e nt. Lessor ass ig ns to Lessee, during th e Term , so long as no Eve nt of De fault is con tin uin g. any ass ignable re prese nt ation s. warrant ies. and pro mises mad e by any Third Party Prov id er or Manufa cturer in con nec tion with th e Eq uipm ent. includin g s uch re pre se ntat ion s, warra nti es, and pr omi ses unde r those certa in Panaso nic main tena nce and warranty agree ment s in connec tion wit h th e Equ ipm ent (w hich shall be effec ti ve on or befo re th e date th e Eq uipm ent is deli vered to Lessee). Lesso r will reaso nabl y co operate with Lessee. at Lessec·s requ es t and exp ense, in pursuing a ny such claim s and ob taining fo r Lessee the be nefit o f a ll such r ight s. Lessee may commun ica te with any such perso n and re ce ive an acc urate and co mpl ete state ment o f th ose prom ises an d warranti es. in cludin g any di scl ai mers an d limitations thereon or on a ny re medi es. Notwit hs ta nding an ythi ng to the co ntrary in th is Lea se or the prov isions o f any such warranty or related d oc um ent s. Lessee's r ight s aga in st Lessor in res pect of any such wa rranty a re enfo rceab le onl y und er the term s o f the wa rranty, as appli cabl e, onl y in a separate action at law. fo r direct dama ges re sul tin g from Lesso r 's neg lige nce, will ful mi scond uct, or breach o f thi s Leas e, and not by way of ca nce llati on or termina ti on o f thi s Lease. or conditi onin g, limit ing, or affecting Lesscc ·s obl igati ons or Lesso r's right s hereunder, and not by wa y of any aba te ment, reduction , ofTset, re coup ment. compensa ti on, crossc laim . coun te rclaim , or an y oth er defe nse what soeve r aga in st Lessee 's ob li ga ti on to pay Renta l Pay mcms and other am o unt s hereun de r. 13 . Di sclaimers a nd Limitations . With out li miting Lessee 's enforcemen t of ri ght s aga in st Lessor in a se parat e action at law, fo r d irect dama ges res u lt in g fr om Lessor·s neglige nce, wi llfu l misco ndu ct. or breach of th is Lease, from the co mmenc ement of th e Te rm Lessee leases th e Eq uipm ent and financ es th e Soft Cost It ems As-Is , Where-Is , an d on a nonrecourse ba s is. Wh ene ver Lessee is entitled to Lessor·s int ere st in any Eq uipm ent. Lessor will ass ign such Equi pment As-Is, Where-I s, except that Lesso r will Page 3 o f 6 g :l busscrv\ww23 \Wiedcrhorn\C ily of Jc fTcrson\00 1-sc h.doc Public warra nt the absence o f an y enc um bran ce s by, th ro ugh . or und er Lessor and. on req uest. provide Le ss ee wit h Less or's stand ard bi ll of sale to the forego in g effect. Less or di sclaim s an y other r eprese nt ation or warra nty, in cludin g wit h res pect to t he des ig n, compliance with s pecification s, durability, quality, o perat ion , or cond iti on (w hether di s coverable or not) of a ny Equipm ent or So ft C ost Item s, title , t he mer cha nta b ility o r workman ship of any Equipment or So ft Cost Item s, th e fitn ess o f any Eq uipm e nt or Soft Cos t It ems fo r )>articular purposes, s tatus of thi s Lea se for tax o r accountin g classificatio n purpos es, or iss u es r ega rdin g t he des ig n or o p eration of a n y Eq uipm ent or the infrin ge ment by a ny pers on o r a ny Eq uipm ent or Soft C ost Item s of the indu s tri al or int ell ect ua l property rights of a ny pers on or a ny patent, trademarl<, or co py ri g ht infringement or th e like. Less or will not be co nsid ered to have mad e any stat ement. represent a tion. warranty. or pro mi se mad e by any Third Pa rt y Prov ide r. and ne ith er Lesso r nor any Third Party Provider shall be cons ide red to be an agent o f the other. Wi th out limitin g Le ss ee's enforce men t o f ri g hts aga inst Le ss or in a separa te ac ti on at law. for direct damages res ulting from Le ssor's negl igence. will fu l mi sco nduct. or breach of th is Lease. from the comme nce ment of the Te rm . Le sso r wi ll ha ve no liabili ty to Le ssee. or it s cu stomers. or an y other person s. lor damages or s pec ific perfo rmance aris in g ou t of thi s Lease or concern in g an y Equipment or Sofi Cost It ems. including di rect. in direct. speci al. or co nsequen tial damages. or damages based on s trict or ab so lute tort li abi li ty. and al so as to an y programs or da ta re sidin g on an y Equ ip ment at any tim e. including upon return to or repossess ion by Lesso r. If thi s Lease is governed by the Uniform Commercia l Code-Leases (Article 2A), then the parties ag ree tha t thi s Lease is to be treated as. and they hereby agree that th is Lea se is. a finance lease as th at te rm is use d in Art icle 2A. regardless of any extent to whic h it docs not mee t th e defini t ion o f such term. To the full es t ex t ent permitt ed by law, thi s Lease is to b e gove rn ed so lely by its terms and Le ssee waives a ny terms of law co ntrary to thi s Lea se. 14. Les see Warr ant ies . Lessee re presen ts and warrant s whe n it exec utes this Lease and when it execut es th e Ac ce pt ance Ce rti ficate , that: (a) Lessee is du ly o rga nize d and in goo d standin g un der applicab le law in th e jurisd ictio ns o f its org an izat ion and domici le and in whi ch Eq ui pment may be located or So fi Co st It e ms recei ved with full power and au th ority to ent er into th is Lease : (b) thi s Le ase is enforceable agai nst Lesse e in acco rda nce wit h it s term s. subj ect to law s of ge nera l ap pli ca tion affec tin g creditors· ri g ht s ge nerall y. and doc s not breac h or create a defaul t under any in strum en t or agreemen t binding on Lessee: (c) no proceed in gs exist before an y court or ad mini strative agency th at wo uld have a mat erial adverse effect on Le ssee. thi s Lease. the Equipment. or th e prov is ion , supp ly. or performan ce of any Sofi Cost It em s. nor has Lessee been threatened with any such pro ceed ings: (d) the financial statemen ts and othe r financial information made ava il ab le by Lessee have been p repa red in accord ance wi th ge nerally accept ed accoun tin g prin cip les and accurately prese nt Lessee's financial po sition as of th e dates g iven: and (c) Lessee 's chief executive office is lo ca ted at it s add ress spec ifi ed in thi s Lea se . IS . lndemnit v. Le ssee shall be re s po ns ible for any liab ili ty incurred by Lessor as a re sult o f Lessee's ac ts or omi ss ion s in connection wit h this Lease. prov ided s uch liabi lity is subject to the imm unit ies and limi tation s o f the Mi sso uri Tort Claim s Act or other Mi sso uri la w. However, Less ee will not be liab le: (x) fo ll ow in g th e satisfactio n o f the con dition s to th e lease of th e Equ ipm ent and finan c in g of th e So ft Cos t Item s set forth in Sectio n 2 for th e net pr ice of the Eq uipm ent or So n Cos t Items in clu ded wit hin the Le ssor's Bas is: or (y) to a person pursuan t to the foregoi ng fo r any C lai ms to the ex tent re sult ing from tha t pe rson's neg li gence or wi ll ful misconduc t or breach of thi s Lease. 16. S urre nder of Eq uipm ent. Whenever Less ee is req ui red or pe rmitt ed to return Equipment. Le ss ee will (or. at Lessor's req uest. Lessee will ha ve th e Manufacturer or Lessor or another part y acceptab le to Le sso r). at Lessee's cost and expense (and at Lesso r's regu lar rat es. if perform ed by Le ssor). dcin sta ll . in s pect. and properl y pa ck th e Equ ipm ent. and re turn th e Eq uipm en t to Lessor by such common ca rri er as Lessor may specify. to a destinati on wi th in the continent al United States o f Ameri ca spe cified by Lesso r. ac co mp an ied by the relocation inventory or s imilar fo rm compl eted by th e dei nsta ll cr. Lesso r is not requ ired to accept an y ret urn o f Eq ui pment more than one month befor e th e end of the Term. Any re turn of Eq uipment accepted by Less or releases Le ssee of it s leasehold rights and possessory interest in th e Eq ui pme nt , but will not otherwise co nstitut e a termination of th e Term or thi s Lease or Lesse e's relat ed obli ga ti ons. Wh en received by Less or, th e Equipme nt s hall be: in good work in g order: reaso nab ly c lean and cos meticall y good: in th e same co ndi ti on as when shi pped to Lessee. rea sonab le wear and tea r exce pt ed: fr ee of passwo rd pro tecti on, data, and user-in sta ll ed sofiware: if applicable to the op eration of th e Equipment. free of con sumables and of fuel. chemica ls, or wastes and free of all tox ic. hazardou s. o r dan ge rous mat erials not orig in all y a part of th e Eq uipm ent: and . except for personal comput ers, at th e Ma nu fac tu re r's minimum acceptab le and current engineering le vel. and certified by th e Manufacturer as elig ible fo r it s mainte nan ce contract , if ge nerall y ava i lab le, at the n prevailing rates wi tho ut the need fo r Less or to in cur any repa ir. rehabi litation. or cert ificat ion expen se ('Maillf enance Certified '). Lessee will be liab le to Le ss or for all expen ses Le ss or incurs or wo ul d incur in placing the Equipment in the condition required by thi s Lease, up to th e Fair Ma rk et Va lu e price of the Equ ip ment. Any addi ti ons to th e Equipment not removed be fore re turn shall become Le ssor's exc lu sive p ro perty (li en fr ee) or, at Lesso r's option and Le ss ee's expen se, removed and re turned to Lessee or so ld , dest royed. or oth erwi se d ispo sed of, all wi thout any li ability on th e part of Lesso r or any oth er per son to Lessee or any oth er pe rso n. an d th e Equ ip men t res tored to its original con dition . 17. Defa ult. II is an 'Event of Defau lt ' under thi s Lea se i f: (a) Le ss ee's failure to pa y any Renta l Pa yme nt or other amount unde r thi s Lease when du e contin ues fo r 10 days afier noti ce: (b) Lessee 's fai lure to observe an y provi sion of this Le ase continues for 30 days aficr notice: (c) a rep rese ntation or warranty o r statem ent made by Le ssee in thi s Lease or in any other in stru ment provid ed by Less ee is in co rrect in an y mater ia l respec t when made: (d) unle ss express ly pe rmitted by Sec tion 8(c). Lessee reloca tes tl1e Equipment or. unless express ly permitted by Secti on 2 1. Lessee purport s to ass ign or subl et any interest in th e Eq u ipm ent or any int erest in or obl igation und er thi s Lease: (c) th e Equ ipmen t is levied aga in st. se ized. or attached: (f) the appointment. election , nomination. or other inst itution of any adm in istrator, examiner, adm ini st rative recei ve r. co mpul sory manager. tru stee, or liquid ator o f Lessee (or an y s im ila r person co nt emplated by the law s of the Un it ed States o f Ame ri ca or oth er appl icab le laws). or Lessee makes or see ks an ass ign me nt for the ben e fit of credi tors or any arra ngeme nt or composition wit h its cred itors, or become s in so lvent. or co mmit s any ac t of ba nkru ptcy, or is the subject of a pe titi o n or proceed in g under any ban kru ptc y, reorganizat ion . arrange ment o f deb ts. in solve nc y. or rece ive rship law , or Les see seeks to effect uate a bul k sale of it s inve nt ory. equipme nt , or asse ts. or any act ion is taken with a view to Lessee 's termi natio n or the ter min atio n o f its bus iness. and, i f any of the for ego in g eve nts is not vo lunt ary, it co nt inu es for 60 days: (g) any guarantor of thi s Lease dies or is the s ubject o f a n eve nt of th e types l isted in clau se (f) or breach es or defau lt s un der th e g uarant y: or (h) a defau lt or eve nt of default occurs under any other lease o r other agreemen t en tered into be tween Le ss or and Lessee. 18 . R emedies_ If an Even t of Default is contin ui ng, or if at any time du ri ng th e con tinuan ce of an Eve nt o f Default und er th is Lease or any other le ase or other agree ment entered int o between Le ssor a nd Lessee Less or has with or withou t no tice to Lessee declared the occ urren ce of the Eve nt o f Defau lt. Lessor may in its ab solute di scretion exe rci se any one or more of these remedie s: (a) terminat e thi s Lease: (b) take po ssess ion of, or render unu sable. any Equ ip ment wherever lo cated , wit hout noti ce or process oflaw (b ut wit ho ut bre ac h ing the peace an d subject to any appl ica b le law). and wit hou t li ab ility for damage s occas io ned by s uch ac ti on (except for d irect damage s to the ex tent cau sed by Le ss or's neg li ge nce or will fi t! mi sco nduc t). and no suc h actio n will co nstitute a termination of thi s Lease, a ll as though Lessee had fai led to s urrend er the Eq uip ment when req u ir ed to do so: (c) te rmi na te, suspend , or wit hh old. or ca use th e termin atio n, sus pens io n. or withh o lding o f an y Soft Cost It ems. and o the rwise re nder any of them un usab le. and re qu ire that Customer immediat ely cease rece iv in g, using. or be nefitting from any Soft Cost It e ms. in clud in g by dcin stalli ng and dele tin g all copies of li ce nsed softwa re Sofi Cos t Item s from an y co mputer syste ms owne d or co ntroll ed bv Customer or use d for C ustom er's be nefit. and destro yin g all print ed-or electronic man ual s and mate rials prov ided th erewi th . and no suc h action will con stitu te a termination of the Rent a l Payment s or the Term or thi s Le ase. nor shall an y such ac tion. even i f effected by or throu gh Lessor. nor shall the avail abi li ty of th is remedy. result in Le ssor being re spon s ible for any performance du e from an y Th ird Part y Provider: (d) req ui re Lessee to re turn the Eq uipm ent to a loca ti on des ignated by Lessor in acco rd anc e with Sect ion 16 and th ere surren der co ntro l of th e Equ ip ment to Lesso r pu rs uant to Sect ion 16 as tho ugh the Te rm ha d expired (a nd such ac ti ons will no t co nstitu te a termin ation of th is Lease ); (e) d ec lare a ll or, in one o r more decl ara tion s, any porti on of th e Le ss or's Return (as defin ed in Sec tion 19). ca lcula ted by Le ssor as o f th e da te o f the declaratio n, du e and pay abl e. a nd: (i) up on Les sor's fu ll receip t of th e entire Le ss or's Pa ge 4 of6 g :\buss crv\"~v23 \ Wicdcrh om \City of J cfTcrson\00 1-sch.d oc Publi c Return. p lus all oth er amoun ts that arc or become due un der thi s Lease. thi s Lea se will terminate and Les see wi ll be ent itled to Less or's int eres t in the Equipment. and (ii ) up on a declarat ion of the entire Le ssor's Return or Rem a inin g Rental Payments (as defined in Section 19) bein g due and payab le. any later Rent a l Payments coming due und er thi s Lease before th e th en effective expiration date o f the Term sha ll cease: (f) proceed by court action to enfo rce performance by Le ssee of thi s Lease and/o r to recover all damages and expen ses suffered by Le sso r as a con sequence of any Event of Defau lt : or (g) exercise any oth er ri ght or remed y avai lable at law o r in equity. Lessee will al so reimburse Lessor for all ex penses in curred by Le ssor in enforcing thi s Lea se . Lessor's so le obligat ion to miti gate it s dama ges is that if it repossesses any Equipment pursuant to thi s se ction Le ssor will lease. sell , or otherwise di spo se of the Equipment in a commercially reasonable manner. with o r without no tice. and at pub li c or pri va te sa le. and app ly th e ne t proceed s (al1cr deducting a ll expenses of di spo s ition ). if any. to the amount s owed to Lesso r: but Lessee will remai n liable to Lessor for any deficiency that remain s after any suc h dispo sition. With re spect to any not ice or sa le required by law. I 0 da ys · notic e is reaso nable no tic e. The remedie s provided in th is Lease arc in addition to all other ri gh ts or remedie s now or hcrcaflcr ex istin g und er thi s Lease. or at law o r in equity. and may be enforced concurren tl y th erewith. and from tim e to tim e. The prevailing party in any ac tion und er thi s secti on will be ent itl ed to reimbursemen t by the oth er party of reasonable out-of-pocket lega l fees in curred by such prevailing party in co nnection with s uc h ac tion . I 9. Lesso r's Return. Lesso r may become entitl ed to the Less or's Return, whi ch shall be Lesso r's anticipated be ne fit of its bargain and profit from thi s tran sacti on (to whic h it wi ll spec ifi ca ll y be entitled). The Le sso r's Return. as stipulat ed to herein. in clud es amounts attributed by the parties to (and a loss to Lessor upon a l.oss o r Event of Default is de pendent in part upon) unpaid Rental Payment s to become due. the original cost o f th e Equipment and Sofl Cost Item s to Lesso r. the unrealized an ti c ipated va lu e of the Eq ui pment to Lessor. the future o bse rvance by Lessee o f its nonrcnta l Lease ob li gati o ns fo r the benefit of Lessor, and Lessor's minimum ant icipated proceed s fr om the future ret ai l sa le or lease of th e Equipme nt to Le ss ee or another customer. The parti es agree that the Le sso r's Return will. as liquidated damage s and not as a penalty. be th e following (together with related Taxes): (a) I 0 5% of th e Lc sso r·s Bas is minu s 70% o f the Rent al Payment s (exc lud ing Ta xes ) ha ving come due s in ce the Ba se Term Commen ce ment Dat e, or (b) if greater. the Prese nt Va lue (as defi ned in Sec ti on 27) o f: th e Rental Pay ments sc heduled to become du e through th e las t d ay of the then effective Term ('Rem aining Rental Payments '): plu s Lessor's estimat e of th e Fair Market Value price of th e Equipment on the last da y o f th e Term. or (c) if (a nd onl y if) th is Le ase gives Lessee the o pti on to purch ase all o f th e Equi pm ent at the end of the Term for a price which is (or is limite d to) a stated amo unt. including an amount stated as a perc enta ge of th e Lesso r's Bas is. the Pre se nt Value o f: the Remainin g Rental Payme nt s: plu s s uch stated am o unt. 20. Assignment Bv Lessor. Lessor may unqualifiedly ass ign thi s Lea se or any Eq uipm ent. in who le or in part. including granti ng or ass ignin g any encumbrance or oth er interest in thi s Lease or any Eq uipment. without notic e to or con se nt o f Les se e. to any perso n ('Assignee'). No ass ignm ent will reli eve Lesso r of it s o bli gation s under thi s Lease. Lessee a nd Lessor acknowledge that any suc h a ss ig nment will not materiall y change Less ee's or Lessor's o bli gati ons under this Lease. Le ssee will un less otherw ise directed. a bsolut ely and un conditionall y pay all amou nt s due und e r thi s Lease to Ass ignee without abatement. reduction. offse t. recoupment. co mp ensation. crossc lai m. countercl aim. or any other defe nse wha tsoever. If Lessor notifies Le ssee of an ass ignment Lessee will: (a) not permit thi s Lease to be amended or any of its term s waived with o ut th e written con sent of Assignee: (b) not require Ass ig nee to perform any obligat io ns of Le sso r oth er than the wa rr anty of quiet enjoyment pro vid ed for in Sec ti on 23 and any other obligations express ly assum ed by th e Ass ignee in writ ing: and (c) execute such ack nowledgment s of ass ignm ent as may be rea sonabl y requ es ted by Lessor or Ass ig nee. Ass igne e will be entitl ed to all of Lesso r's ri g ht s. powers. indemnitie s. and pri vi le ges under thi s Lease to th e ex tent of th e assign ment. including the ri g ht to make further ass ignm en ts. Assignee will not be li ab le for Lessor's ne g li ge nce or willful misconduct or breach o f thi s Lease or an y warrantie s or other agree ment s of Le sso r. nor will any action o r ina ction by Le sso r affec t th e obli gati ons of Le ssee to Ass ig nee under thi s Lease. Lessee acknowledge s th at Lessee and any of its Ass ignees are no t o ne another 's age nt s, even if any of them arc closely connected wi th one ano the r by ow ners hi p. contract. or otherwise. Lessor may provide copies o f th is Lea se or related docu ment s or informati on concernin g Lessee and it s o bl igati ons hereunder to any Assignee. pro spective As signee. affiliate. or oth er person . 2 I. Assignment Bv Lessee; C ha ng e In Co ntrol. Wi thout the prior wrillen co nsent of the Lessor (not to be unreasona bl y withheld ) Lessee cannot ass ign any intere st in this Lease or ass ign or sublet any interest in Eq uipment. No ass ignme nt or sublease by Lessee will di sc harge or dimini sh Lessee 's obligati ons. and Lessee wi ll co ntin ue to be primaril y, a bsolut ely, unconditionall y, and indep end entl y liab le for the full and promp t obse rva nce of all of its ob li gations under thi s Lease fo ll owing any such assignment or s ublea se. 22. Co un te rparts; Financing Sta t e ments. Thi s Lease may be executed in one or more count erparts. If thi s Lease constitut es chatte l paper. as defined in th e Uniform Commercial Code-Secured Tran sa ction s (Article 9) or ana logous legis lat ion in effec t in any relevan t j uri sdict ion, a paper represe ntation of this Lease manua ll y executed (o r, if elect ronic s ignatures arc agreed to by th e parti es as desc ri bed in Sec tion 33. elect ronica ll y exec ut ed) by Les see. when manually counte rsigned or att ac hed to Le sso r's ori g inal manual s ign ature cou nterpan there of (w heth er or no t prev iou sly e le ctronicall y sig ned by Lessor). will con stitute the one o ri g inal of th is Lease for wh ich a security interest may be perfected by possessi on. I f there is more than one such coun terpart, one will be marked as and be the original. and any others will be marked as and be duplica tes. Un less Lessee has th e rig ht to acqu ire Lessor's intere st in the Equipme nt at the end of the Term for nominal or no cons ideration. the parti es intend thi s Le ase to be a tru e lease and not one int ended mere ly for security . Le ssee a uth ori zes Lessor and its age nts to file finan cing statement s to g ive pub lic not ice of Lessor's interest in the Equ ipme nt and any procee ds thereof or any ot her items Le ssor anticipates may be leased, finan ced . or so ld by Lessor to Lessee under thi s Lea se or any othe r lease, finance. or sal e ag ree men t (whether nor not such other agreement has bee n executed), but Lesso r will terminate or amend any fina ncing sta tement cove rin g item s not leased , financ ed . o r so ld (and not paid fo r in full ) at Less ee's req uest an d Les so r's expense. 23. Quiet En joy ment. So lon g as no Even t of Defau lt is co ntin uing. Lessor will not interfere with Lessee 's quie t enjoyment of the Equipment. If a failure by Lesso r to mate ria ll y observe the forego in g warra nty of quiet enjoyment conti nues lor I 0 days al1er notice , Lessee ma y in its abso lute di sc retio n exercise any o ne or more o f the fo ll owing reme di es (whi ch shall be it s ex clus ive remedies for such fai lure): (a) by no ti ce terminate this Lease (in clu d ing it s ob ligat ion to pay Rent a l Payments) as it relates to suc h Equipment ; or (b) proceed in a separate act io n at law to recove r a ll direct damages suffered by Lessee re s ultin g from such fai lure. 24. Fair Market Va lue. 'Fair Market Va lu e ' is th e price or rent. as applicable. th at wo uld be obta ined at arm ·s length betwe en informed and wi llin g parties. neit her under compu lsi on to con tract. for the sale or lease of Eq uipm ent ass um ing the Equipment is: in in sta ll ed. con tin ued . and uninterrupted use by the buye r or lessee : in th e conditi on required by thi s Lease and , except for perso nal co mput ers, Mainten ance Certified (as defined in Se ct ion 16); and be in g so ld with the soflwar e necessary for its use. Fa ir Market Value will be determin ed by Lesso r. bu t if Lessee objects in writin g to Le ss or's dete rm in ation within I 0 days aflcr Lessor comm unicates it s determina tion to Lessee 's re prese nt at ive in wr itin g o r by emai l. then Fair Market Value will at Lessee's ex pense be dete rmined by an independe nt appra iser selected by Lessor and reasonab ly sati s facto ry to Lessee. 25. Late Perform a nc e: Inter est Limitations. Amount s du e und er thi s Lease (i ncludin g Re nta l Payments and Lessor's Return and oth er pa yments dema nd ed or declared to be due o r o therwise due or reimbursab le) that arc not pa id within 10 days of their due date or demand will bear intere st, payab le upon demand. at the rate o f 12% per annum. or such le sser rate as ma y be the max imu m legal rate. fr om th eir due dates. Whenever any Equipment is required to be ret urned to Le ss or but is not returned to Le sso r by th e date required. in add iti on to a ll of Lesso r's o ther rig ht s and remedies hereunde r. Le ssee sha ll pay to Lessor rent for th e per iod aflcr the end o f th e Te rm through the date of Lesso r's receipt of the Equi pm en t at the Previously Effec tive Rental Rate (as de fin ed in Sec ti on 6 ). If any pa yme nt s req uired to be made under thi s Lease wo ul d othe rwise be cons idered th e collec ti on of interest in excess of the maximum amount pe rmitted by app lic ab le law: Lessee will not be ob ligated to pay the excess; any excess which may have been collected will be credi ted to Le ssee 's ot her o bli gati ons to Le sso r or refunded; and thi s Lease will be co nsi dered to have been amend ed so as to eli minate Le ssee's obligat ion to pa y such excess. Pa ge 5 of6 g:l busscrv\ww23 \Wicdcrhorn\City of JcfTcrson\OO I ·sch.doc Pub lic 26. Prorations. Re n ta l Payme nts for Rent al Periods not co ns is t ing of a who le ca lend ar mo nth or a who le calendar quarte r o r a noth e r whole ca le ndar period. as app licabl e. w ill be prorated o n th e bas is of a 360-day ye ar compr ised of four 90-day quarters an d twelve 30-day month s. 2 7. Prese nt Value. 'Present Valu e' is th e present va lu e of the amount in quest ion d iscounted to th e da te pre sent value is to be d ete rmin ed at th e Present Va lu e Ra te o n th e last d ay of the complete week most recent ly reported on the date of dete rmin atio n or o n the Base Term Commencement Date. whichever is less. compounded with the same periodicity as th e Rental Period. The 'Pre sent Va lu e Rate' is three-fi fths o f the an nu alized dail y pr ime ra t e of interest. as de scr ibed in f-ed era l Re se rve Statist ica l Release 11.15 -Selected Int e rest Rates (ava ilab le , for exampl e. at http ://www. fcdcra lrc scr vc.gov/Rc lcascs/H 15/data.htm). or any s uccessor publication o f the US Fed e ral Reser ve Syst e m. but if there is no s uc h publi cat ion. th e lowest pr ime rate publi s hed in The Wall Street Joum al. 28. Furth er Ass ura n ces. Lessee will promptly execut e s uch docu me nt s and take suc h furth e r a ction as Lessor may from t ime to time reasonably request in o rde r to carry out th e in te nt of th is Lease o r protect or pe rfe ct the ri g hts. interes ts. an d remedies of Le sso r reason ab ly intended to be c reated th ere und er. 29. o ti ces. Notices und e r th is Le ase s ha ll be in writing a nd concl us ive ly deemed to have been rece ived by th e receiv in g party: o n the 5'h bus in ess d ay a lle r be ing sent by first c la ss mail. pos tage p repai d, unl ess th e re is an in te r rupti on in posta l se rvi ces. or o n the bus in ess clay whe n se nt by confirmi ng fa x: or if se nt by overnight or express d omes ti c or in ternati onal couri er. o n the nex t business day or ot her b usi ness day warrant ed by the couri er for deli very: or whe n g ive n in pe rso n. which ever s uch date s ha ll be earli est. In a ll s uch cases n o t ice shall be d irec ted to a pa rt y at it s a ddress set forth in thi s Lease. o r at s uch o ther address as a pa rt y may noti fy th e ot her from t ime to t ime as its address fo r not ice. oticcs no t sent in accordance w ith th e forego in g will onl y be effect ive i f and when the writing is actually received by th e receivi ng party a t its address for not ice. 30. Int e rpretation. Te r ms o f in clusio n mea n inclus ion wi tho ut lim it ation . T im e is of the essence. T he prov is io ns of thi s Lease will s urv ive it s ex pirati o n. cance ll ati o n. o r te rminati on. and any return o r sale o f Eq ui pment , and re ma in in fu ll force and e ffec t with respect to eve nt s or co nditi o ns occurring o r ex is ting durin g (or fa irl y attributab le to) th e Term o r Possession Pe ri od. Any waiver o r failure of a party to require s tri c t observance of thi s Lease. wi ll n o t cons titute a waive r of a ny other breach of th e same or any ot he r pro v is io n o f the same Lease o r an y other lease. This Lease will not be bindin g upo n a pa rt y until execut ed by both parties. except th at when th is Lease is signed by Lessee and a ny Equ ipment is s hipped to Lessee th e provisions of Sect io ns 2. 7. 9, II. 13 -15. 30. 32-35 s hall be bindi ng eve n if thi s Lease has not bee n executed by Lessor. T h is Le ase cannot be a men d ed e xcept in a n in stru me nt executed by both parties . T hi s Le ase bin d s and benefi ts the parties· successors an d permitted ass ig ns. The part ies hereby acknowledge that th ey h ave req u ired th is contract, and o ther agreemen ts an d not ices required o r permitted to be en tered into o r given purs uant hereto. to be drawn up in th e Eng li sh lan g uage o nl y. If any s uch docum ent o r commun icati o n is prepared in o r contains both th e E ng li s h lang u age and another language. only the Eng li s h language prov is ions s ha ll have impo rt and the ve rs ion s in any other lang uage s h a ll not be binding upon th e pa rti es there to and s ha ll have no effect whatsoever on th e interpre ta ti on o r constru c ti o n of the Eng li s h la ng uage vers io n . The p age numb e rin g of th is Lease may be exclusive o f exh ibi ts, i f a ny . 3 I. Soft Cost Items. T he Equipment may con ta in soil ware in which th e part ies have no ownersh ip or other proprietary rights. Where required by a soflware own er or man ufac ture r or Lessor or the Th ird Party Provid er of oth er Soil Cost It ems. Lessee w ill ent e r into a licen se o r othe r agreem e nt fo r the usc of the soil ware a nd the p rov is io n of th e Soil Cost Item s . A n y suc h agreeme nt w ill be separate a nd di s tinct from th is Lease, and Le ssor will have no rig ht s or obligat ion s th e reund er unl ess other wi se agreed by it in wri ting. Any re nt attributab le to Lessor's fi nanci ng of So ft Cost It e ms will be pa id und e r thi s Le ase as re nt s ubject to the provis ion s of Secti o n 5 regardless of Le ssee's dissati s fact io n w ith. or the fai lure o r quality of. th e Soft Cost ite ms. 32. Facsimiles. In a ny proce eding re lating to thi s Lease o r any rel a ted document or any Eq ui pme nt or Soil Cost Ite m. a person may produce a reasonable textu al or g raphi ca l representa ti o n o n paper o f a d ocum e nt. howeve r c reated. s to red. acce ssed. o r communicated. inc lud ing document s that are manua ll y executed (or. if electro nic s ignatu res a rc ag reed to by the pa rti es as descri bed in Sectio n 33. electroni call y executed ), a nd includin g p hoto co pi es or other representati ons mad e by scanning o r printing e lectroni c fi les, d at abase ent ri es, or other electronic reco rd s, rathe r tha n the orig ina l d ocu ment. if a ny. and s uch paper re presen tatio n wi ll be co ns id e red a true and va lid orig in al of th e docume nt for all evi dentia ry pu r po ses. 33. E le ctronic S ign atures. A n e lectronic s ignature o n thi s Lease or a ny related docum e nts by a part y s ha ll be as va lid a nd effective a s it s manu a l s ig na ture , and e lectronic s ig nat ures are agreed to fo r purposes of thi s Lease. if: bo th p a rt ies agree to th e usc of a pa rty's usc o f a n electronic s ig n ature on th at o r any other document rela tin g h e reto, in c luding w he re o n e party's elect ronic s ignat ure on a document is m a nu a ll y or e lect ro ni call y accepted by the o th e r pa rty. 34. Invalidity. A provi s ion o f thi s Lease th at is or becomes in va lid w ill be in effectiv e o nl y to the exte nt of the in va lidi ty. w ith o ut affecting th e re mai nder of s uc h provision o r th is Lease. 35. Applicable Law. This Lease is gove rn ed b y the laws of the s tate within which Lessee is or gani zed without r egard t o co nnicts of law princ illle s. The parti es consen t and s ubmit to the j uris d ict io n of the lo cal. s tate. and federa l courts lo cated with in th e s tate in w hi ch Lessee is organized. The parties waive a ny objecti on re lating to imp ro per venue or forum non conveniens to the co ndu ct of any p roceedi ng in any s uch courts. As bet ween Lessee and Le sso r, for matters relatin g to thi s Lease o r th e Equ ipm en t, Lessee un condi tion a ll y and irrevo ca bly waives a ny sovere ign or o ther immunity (or c lai m therefor) from the juris diction of s uch courts or aga in s t Le sso r's ri g hts re lating to th is Lease or the Equipmen t. The parties irrevocabl y waive a ll right to tria l by jury in a n y proceed in g between th e m r e lating t o thi s Lease or the E quipm e nt. If this Lease was trans mitted to Lessee fo r s ig nature in e lectronic form at, L essee represents and warrants to Lessor that the text originally trans mitt ed has n ot b een altered in a ny way. Le ss or's acceptance of this Lease is b ased on its r el ia nce on , and s p ecifi ca ll y co nditi o ned by, t h e truth o f this representation and warranty. Less ee acknowledges rece ipt of a true co p y o f this Lease. Th is Lease co nstitutes the e ntire agreem e nt of the parties r e latin g to th e le asin g of the Eq uipment. City of J efferso n , Missouri (Lessee) Turn-Key Mobile , In c. (Lessor) By:------------------ By: _________________ _ Na me/T itle:---------------------Na mcrritlc: -------------------- Date:---------------------- Date: ______________________________ _ APPROVED AS TO FORM: g:l bus scrv\...,, ""~""'"lolif'' ...,..,.·oiWIOtv~-""'""co"""'~""-co.llQ! 0 l.l. 1 .... ?-ollohoOiorleMs __ _ Pu b li c EX HI BIT A TO LEASE '0. -00 1 C ITY OF J E FFE RSON l, Publ ic .Tum-Key ~~obile , Inc . Estimate# Est imate Date TURN-KEY MOBILE, INC. 4510 Country Cl ub Drive Jefferson City, Missouri 65109 ----------- : EST-10062 : 01 /18/2023 I Sale s person/ISS r-aiu To I Prepared By -- City of jefferson 320 East McCarty St. Jefferson Ci t y MO 65101 # Item & Description -- 1 WJ -VP U4000 i-PRO VPU4000 RECORDING UNIT ONLY (Includes Wireless LAN 1, Wireless LAN 2, BT, Common Trigger) [For each WJ-VPU4000 ve h icle, include IPS-ICV4-ACC alo ng with a Fr ont(WV-VC35J an d Bac k Seat(WV-VC31) camera] 2 WV-VC35 I-PRO ARBITRATOR WIDE ANGLE FU LL HD FRONT CAMERA FORi-PRO IN-CAR VIDEO ~STEM [Bu i lt-In G-force sensor] W/0 Ethernet Cab le 3 IPS -ICV4-ACC I i-PRO ICV4000 ACCESSORY KIT FOR VPU4000, 256GB SSD W/AES, POWER DISTRIBUTION BOX. BATIERY BAC KUP, 25' ETHERNET BLACK, 25' ETHE RNET YELLOW. 25' ETHERNET LT . BL UE. IN-CAR MICROP HO NE, ETHERNET BRACKET r-- 4 WV-VC3 1 i-P RO ICV BA CKS EAT HD CAM ERA W ITH IR, NOT INCLUD ING ETHERNET CAB LE. (E t hernet cab le inc luded in -ACC Kit)-or ARB-CABLREAR ------- 5 IPS-ICV-UDE-OP3 i-PRO ICV UDE ON-PREMI SE DEVIC E LI CENSE FOR 3 YEARS, INCL. DEV ICE MANAGEMENT. LIVE STREAMING AND REDACTION . SE RVICE ENTITLEM ENTS : 24X7 HELP DESK. SOFTWARE MAINTENANCE AND SUPPORT. 6 I IPS-ICV4-ANT-BL PANORAMA SHARK FIN FOR ICV4000, 4 WLAN, 1 BT, 1 GPS BLA CK, 6.77"X2 .4" BOLT- ON ------ 7 I IPS-ICV4-256SSD I-PRO 256GB RUGGED SSD FOR VPU4000 W/PULL TAB, W/AES ENCRYPTION --·- 8 IPS -ICV4-SSDREAD I-PRO ICV4 VPU4000 SSD READER I I WV-BWC40D1A • 9 1-P RO BWC4 000 SINGLE DOC KING CHARGER STAT ION ONLY. For m-s tat1 on also o rder I PS-BWC-AC65W. F01 Vehilce installations also order IPS-BWC4-12V-WIRE and IPS-ICV· r ETH 25G RN -------- 10 IPS-BWC4-12V-W IRE i-PR O BWC4000 12V VEHICLE HARNESS FOR WV-BWC40D1A OR WV-BWC40C 1A ~- l 11 IPS-ICV-ETH25GRN i-PRO ICV 25' GREE N UTP NETWORK CABLE FOR BWC DOCK ----- 12 WV-BWC4000 I-PRO AMER ICAS INC. : BWC4 000 CAMERA ON LY (INCLUDES KLI CK FAST MOUNTING ~) 13 IPS-BWC4-MNT-K IT I i-PRO BWC4 MOUNT KIT IPS-BWC-MN T-BELTC, IPS-BWC-MNT-XMAG,IPS-BWC -MNT- I MOLLE, I PS-BWC-MNT-VEST, IP S-BWC-MNT-STUD 14 IPS-BWC-TETHER i-P1 o Tether With Velcro Attachment --- Order N otes: :Terry Cage Qty Rate Amount 40.00 2,900.00 116,000.00 I --- 40.00 868 .0 0 34,720.00 J 40.00 668.00 26,720.00 40.00 377.00 15,080.00 --- - 40 .00 358.00 14,320.00 -- 40.00 331 .00 13.24 0.00 I 1-- 41.00 144.00 5,904.00 -f-- 1,124.00 1 4.00 281 .00 46.00 227.00 10,442.oo 1 -· - 40.00 30.00 1,200.00 40.00 20 .00 800 .00 90.00 860.00 77,400.00 I 90.00 131.00 11,790.00 -- 90.00 12.00 1,080.00 ---- I I # Item & Description Qty Rate Amount 15 IPS-BWC-UDE-OP3 90.00 358.00 32,220 .00 I i-PRO BWC U D E ON -PREM ISE DEVICE LICENSE FOR 3 YEARS , INCL. DEVICE MANAGEM ENT, LIVE STREAM ING AN D REDACTI ON. SERVICE ENTITLEME NTS : BWC INITIAL CONFI GURATION, 24X7 HELP DESK. SO FTWARE MA INTENANCE AND SUPPORT. 16 IPS-BWC4-WTY -3Y 90.00 280.00 25,200.00 I I-PRO BWC4000 CAMERA 3-YEAR ACC IDEN TAL DAMAGE COVERAGE WI TH A DVANCED REPLACEMENT FOR CA MERA BODY ONLY. I 17 WV-BWC40D8 11 .00 1.471.00 16,18 1.00 i-PRO BWC4000 8-BAY DOCKING AND CHARGING STATION W/0 AC ADAPTER IPS- BWC-AC100W ----- 18 IPS -BWC -AC1 OOW 17.00 105.00 1,785.00 i-PRO AC ADAPTER (100W) FOR BWC 8-BAY DOCK CHARGE R AND 8-BAY BATIE RY CH ARGER 19 WV-BWC40B1 48.00 174.00 I 8,352 .00 I-PRO AMERICAS INC.: i-PRO BWC4000 REPLACEABLE BATIERY ------ 20 WV-B WC4 0C8 6 .00 570 .00 3.420.00 i-PRO BWC4000 8-BAY BATIERY CHARGER ONLY W/0 AC ADAP TER IPS-BWC-AC1 OOW ------------------ 21 WV-BW C40C1A 14.00 121.00 1,694.00 I-PRO BWC4000 SINGLE BATIERY CHARGER ON LY W/0 AC ADAPTER IPS-BWC-AC65W I OR 12V VEH ICLE HARNESS IPS-BWC4-12V-W IRE I 22 IPS-BWC -AC65W 20.00 66 .00 1,320.00 I-PRO AC ADAPT ER (65W) FOR BWC4000 SING LE DOCK CHARGER AND SINGLE BATIERY CHARG ER -- 23 Contract -NASPO 1.00 0.00 0.00 I 24 Contract-S ourcewe ll 1.00 0 .00 0.00 I ------- Sub Tota l 4 19,992.00 Looking forwar d for your busi ness. Total $419,992.00 Authorized Acc eptance Signature Order Notes: FEDERAL TERMS 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 1 0 working days from notification, or at a minimum the contractor must provide the City within 1 0 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. 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. 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. 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 24 7 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 $1 0,000; 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. 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 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 V EN DOR should, to the greatest extent practicable, provide a prefere nce fo r the purchase, acquis ition , or use of goods, products, or materi als produced in the United States. This includes, but is not limited to iron, aluminum steel, cement, and other manu fac tured products. Prohibition on certain telecommunications and video surveillance services or equipment Contractors are prohibited from obl igating o r expending project fund s to: I. Procure or obtain ; 2. Extend or renew a contract to procure or obtain ; or 3. En ter into a contract (or extend or renew a co ntract) to procure or obtain equipm ent, services, o r systems that uses covered teleco mmunications equipment or service s as a s ub stantial or essential component o f any system, or as critical teclmology as part of any system. As described in P ubl ic Law 1 15-232, se ction 889, covered tel eco mmunications eq uipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (o r any s ub sid iary or affiliate o f s uch e ntities). a. For the purpose of publ ic safety , security of government faciliti es, p hysical security surveillance of critical infras tructure , and oth e r national security purpos es, video surveillance and tel ecommunications e quipment produced by Hytera Communications Corporation, Hangzhou Hikvi s ion Digital Technology Company, or Dahua Technology Compa ny (or any s ubs idiary or affil iate o f s uch entities). b. Telecommunications or video surveillance services provided by s uch e ntities or us ing s uch eq uipment. c, Telecommunications o r v ideo s ur ve illance equipment o r services produced or provided by an entity that the Secretary ofDefense, in cons ultati o n with the Director of the National Intelligence or the Di rector of the Federal Bureau of Investigation, reasonably believes to be an entity o w ned or controlled by, or otherwise connected to , the governme nt of a covered fo re ign c o untry. 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 prioriti ze avai labl e funding and technical support to assist affected businesses , institutions and organization s as is rea sona bl y necessary fo r tho se affected e ntitie s to tran s ition from covered comm unications equipment and se r v ic es, to procure replacement equipment and services, and to e ns ure that communications servi ce to use rs and cu stomers is s ustained. 5. See Public Law 115-232, section 889 for additional informa tion. 6. See also § 200.471. Retention and Access to Records Vendor agrees retain all financial records, supporting documents, statistical records, and all other records pertinent to the award for a period of three years. Records may be retained in an electronic format. 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. Steven S. Crowell , Jr . 3 20 E. McCart y Street J effers on C ity, M O 65101 Ph o ne N umb e r: (573 ) 634-6306 Em a il : SC rowe ll @jeffers o c ity mo .gov C ity Admini str a tor To : From : Date: Re : MEMORANDUM Mayor and City Council StevenS . Crowell, Jr ., City Administr ~ /, L4 d James Noah , President, // International Association of Fire Fighters, Local 671 April 13, 2023 City/IAFF Local 671 Collective Ba rgaining Agreement Proposal Attached i s a proposed collective bargaining labor agreement (the Agreement), which includes a pay plan, between the City of Jefferson (City) and the International Association of Firefighters, Local 671 (Local). The Local and Management Negotiating Team are supportive of the agreement as proposed . It is my understanding that members of Local 671 have approved the Agreement. The Local , and the Management Negotiating Team feel the Agreement i s reflective of the intent of the voters who approved the Public Safety Sales Ta x which became effective on April1, 2022 and is consistent with City Council direction regarding pay for tho se fire fighters covered by the Agreement. Fire Command staff is not covered by the Agreement, but should be considered as further noted below. The team developing the proposed Agreement included Local representatives Jame s Noah , Josh Young, Quinton Combs , and Michael Bainbri dge . City representatives were Matt Schofield , Fire Chief; Jerry Bloomberg, Divi sion Chief; Gail Strope, Director of Human Resources; Shiela Pearre, Director of Finance and Information Technology; Ryan Moehlman, City Attorney; and Steve Crowell , City Administrator. The Coun cil adopted (estimated) annual revenues generated by the Public Safety Sale s Ta x for FY 23 to be$ 3 ,375.000, with revenue growth ant ic ipated to increase approx imately 2% per year. The overall projected cost of the items referenced in the Agreement, including the pay plan (consistent with the financial parameters identified by the City Council) for FY23, on an annual basis, is appro ximately $1 ,360,000, which will be funded by the recently approved Public Safety Sales Ta x. In addition to the changes to the IAFF Local 671 Agreement, the Public Safet y Ta x will continue to provide the City Council previously i dentified funding for the Fraternal Order of Police Colle ctive Bargaining Agreement, funding for previously approved positions i n the Police I hi-; . \grccment appropriate!) addr~sse. pa) aml bene fi ts I 'or Fire I· ightcrs. Drivers and Captains: ho\\t.:\Cr. not included in the Local's ,\grcement arc the ll\e (5} members of the Fire Department Command Staff'' hich curr~ntl) consi. t or t\\O t2 l Di' ision Chid's and three (3) Assistant Chid's. l'ht.: l-ire Comm3nd tall along'' ith the Fire Chief'. have rcpr scnted management throughout the histor: of'thc Fire Department in thc~e t)pes ofncgotiations. In contrast the Fratemal Order of Police. (I OP). has included their corresponding command statT (Lieutenants and Captains) "ithin their collccti\c bargaining agn.:~.:men t s. In the past. the City has maintained pay parity bet\\cen Police Lieutenants /Fire Di' ision Chief's and Pol ice Captains/t\ssiswnt Fire Chiefs. Prc,·ilHIS capped adju"lmcms ha\'c t'a lkn short or keeping the compensation of' these roles equitable . -,his is a critical issul! to ltlaintain compc ti ti\'e markct valw: and pro\'ide opportunity to promote Fire Department personnel !'rom within the organization to positions uf leadership. l·unding t'or the abcn c rd'crenccu Cl)mrnund pn ·it ions (exclud ing the Fire Chief. which Council mu~ \\ant to address separate!) \\ ith an~ l'uture ·ala r) adjustments) und corresponding rL'Cl)!ll!ncndation s are pro' ided addressed inn companion bill to be considered b) Council. Th~ ;\egotiating Team felt it \\as important to pro\'idc the Council the opponunit) to address the entire pa) plan structure \\ i thin thL' I· i r~ Department. similarly to hov. the Counei I previous!) addressed the is~uc \\ ith the Po l icc Department. ;>vlanagl·ment h3s had several goab during the contract negotiation process: o Establishing compctiti' e \\ages: o Improving/minimizing the ncgati\ e impact on compression; o Des igning a contract /pay plan that can be imp lemented with current staffing and not be l>Verly complex administ rative ly: o Finding a d istribution of' Publil: Sat'cty Tax t'und thu t is equi table to th e FOP: o Ensuring available funding t'or equipment. faci lities and additional personnel for both the Police and Fire Dcpartml!nts: o Providing ,·alid, consis!l.:nt information to the Council as a body: o Refrain from negotiating contract issues in the media: e But mo t important!). de' clopmg a plan for total compensation or Local members '' hich is {iscallr s ustain ab le. It is m~ understanding th~ Local as a ''hole has apprO\ ed the Agreement: therefore. the Agreement only needs the City Coum:il consideration and ra tilication. If t he City Coun c il "an ts to exp edite the Agreem ent , ince t h e i s ues id enti fi ed in t h e A gree m ent h ave b t•e n d i ·cussed over the last several month s, it ra n he co nsid e r ed on sec o nd rea din g (i.e., "ch cck marl<."). \'he specifics of the J\grccmcnt and pay plan arc numerous and. ignifica nt. Therc arc too many changes to adequate!) . ummari/.t.: them in t his memorandum.-taft' and the Local will he at the Council meeting and'' ill be able to ans" cr any questions you may have. Consistent \\'ith Cit) Council Jirection. the proposed Agreement includes, but is not limited to. the lo iJo,\ing: I. J>nn ·idcs a comparable starting (<.:ntr~) Jc,cl salar> for a tirdightcr to the Cit) of Columbia and more comparahk the di!Tcrcnces arc more pronounced as one progresses in rank with the Cit) of Colnmhi:1 . but the proposed adjustments cenninly make the City ot' Jcff'crson more competitiv · "ith the Cit) of' Columbia. Incorporates step incrcuses ot' 1.5 '1'o . 3. Includes an annual gn)\\th im;reasc or I% rnr the overall pay p lan (ranges) combined '' itb the abO\~ lor an overall total incr-:as-: or 2.5% annual growth. 4. ~-1aintains th~ current min imum staning levels . 5 . \lakes progress to\\arJs addres si ng negat i n~ .. compressio n .. among Local members. b. Continue the: pt\::\ iou · General Fund cont ribu ti ons for Fire personnel with som e addit ion:1l costs being alloc::tted to the Genera l Fund. 7. Implements Fair Labor Standards Act (FLSA ) changes whi ch is mo r e comparable to other fir e departments by climinating the s leep exclu s ion . 8. Requires time-and-a-hall" pa y ror all shilts w·orked outs idc a member 's regularly s-:hcduled shi 11: 9. Increases milirary pay above th e rcC]u ircd US ERRA s tandard to bener sup port our milita ry service members. l 0. Increases funeral leave to allu'~ members more tim e off when losin g an immed iate family mem ber. 11. Prov ides and enrolls all members ofthl: Fire Dcpru1mcnr (cx ccp1 the Adm inistrati ve Assist ant) in t h~ Missouri Fi re Fighters Cri tical illness Poo l which is a new, paniall y state s ub si d ized . progr:Jm dt!signc d to help lire figh te rs and emplo ye rs address cancer risk in the tire sen·icc. 12. Increases Speciallnccnti\:c pa) for members and increases th e number of positions for which such pay mn: be pro,·ided. 13. lncrt.:ascs step-u p pay and adjusts the hours rclmcd thereto. which'~ ill result in increa sing the number or step-up pa~ occu rrenc es. 1-1-. hmnaliles the establishment or the Joint l .a bor Managemen t Group to discuss pertinent departmental issues. 15. Outside of the contract. the approvi ng ordinance a lso makes negotiate d changes to the Perso nnel Po l ic) Manual to increase the accrua l rate of' vacat ion and sick ti me for uniformed fire s-:n·ice empl oyees assigned to 2.912-h ou r annual sched ul es (a .k.a., fire employees .. on s hift .. ) and to increase the per ce ntage of sick lime paid out to fire cmplo )CCS who separate li·tlm the Ci ty after 10 yea rs o f ser vice. These c hanges would apply to line and command starr to ensu re that no disincentive to promote is c reated. This bt.:nd it cnhanccmcm make s the helps to mak .:: Lhe City more compa ra ble to our pee rs, including the State of" ivlissouri Attachment· Editor’s note: Deleted language shown thus. Added language shown thus. BILL NO. 2022-123 SPONSORED BY Councilmember Schreiber ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING THE IAFF LOCAL 671 LABOR AGREEMENT AND AMENDING CERTAIN PROVISIONS OF THE PERSONNEL POLICY MANUAL. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The Agreement between the City of Jefferson and the Professional Firefighters of Jefferson City, Missouri, Local 671 of the International Association of Firefighters, AFL-CIO attached as Exhibit A is hereby approved and the Mayor and City Clerk are authorized to execute the same. Section 2. Article 8 (Compensation Plan), Section 8-13 of the Personnel Policy Manual is hereby amended by amending Subsection (a) thereof to read as f ollows: (a) Supervisors shall develop methods and procedures to maximize productivity and reduce or avoid the need for overtime. It is the responsibility of each employee to work as efficiently as possible to accomplish job tasks during regularly scheduled work hours. All overtime or arrangements for overtime work shall be approved by the department director in advance. A determining factor in the approval of overtime work is whether the work could be accomplished through rescheduling of employee work hours and allowance of time off in the same work period. These factors reduce the burden of overtime on employees and avoid accrual of comp time and excessive overtime payments. Overtime is based on work hours in excess of 40 hours in a 168-hour period during seven consecutive 24-hour periods (standard work week). Under the provisions of the Fair Labor Standards Act (FLSA) work hours in excess of 80 hours in a 336 -hour period during 14 consecutive 24-hour periods is adopted for commissioned police personnel and the work period for FLSA purposes in the fire department shall be work hours in excess of 204106 in a 648336-hour period during twenty-seven fourteen consecutive 24-hour periods. Hours worked in excess of a standard work week or duty tour by employees covered by the provisions of the Fair Labor Standards Act shall be compensated by payment at one and one-half (1.5) times the straight hourly equivalent rate for the classification or by the award of compensatory time off equal to one and one - half times the overtime hours worked at the discretion of the department director. Hours worked shall include hours actually worked on the City's behalf plus minimum guarantees for call -back under Section 8-14 plus 8 hours for any holidays as provided in Section 11(a) for certain employees and certain vacation leave as allowed in Section 12-1 (f). Section 3. Article 11 (Paid Holidays), Section 11-2 of the Personnel Policy Manual is hereby amended by amending Subsection (b) thereof to read as follows: (b) Fire service personnel assigned to fire suppression duty will receive 24.2524 hours per floating holiday. Police personnel in patrol and communications assigned to 10-hour shifts will receive 10 hours per floating holiday. Part-time with benefits employees will receive 4 hours per floating holiday. All other full-time employees will receive 8 hours per floating holiday. Editor’s note: Deleted language shown thus. Added language shown thus. Section 4. Article 12 (Vacation Leave) Section 12-1 of the Personnel Policy Manual is hereby amended by amending subsection (b) thereof to read as follows: (b) Uniformed mMembers of the fire service assigned to fire suppression duty a 2,912 hour annual schedule shall accrue vacation leave credit at annual rates as follows: During the first five years of service.............................145.50168 hours During the 6th through 10th years of service................169.75196 hours During the 11th through 15th years of service..............194.00224 hours During the 16th through 23rd 20th years of service......218.25252 hours During the 21st through 24th years of service....................280 hours During 2425th and subsequent years of service............242.50308 hours Section 5. Article 13 (Sick Leave) Section 13-1 of the Personnel Policy Manual is hereby amended by amending such Section to read as follows: Section 13-1. Amount Employees in the municipal service shall earn ten (10) hours of sick leave with pay credit monthly except for uniformed fire service personnel assigned to a 2,912 hour annual schedule, who shall earn twenty-four (240) hours sick leave with pay credit monthly. Each part-time employee with benefits shall earn five (5) hours of sick leave with pay credit monthly. Section 6. Article 13 (Sick Leave) Section 13-4 of the Personnel Policy Manual is hereby amended by amending such Section to read as follows: Section 13-4. Incentive program. Employees who voluntarily separate from City employment after a minimum of five years of continuous service shall be eligible for a payment upon separation of a percentage of the total unused sick leave hours accrued as of the time of separation, which shall be paid at the final rate of pay of the employee. The rate of payment of such unused sick leave shall be as follows: More than 5 years, but less than 6 years: 5% More than 6 years, but less than 7 years: 6% More than 7 years, but less than 8 years: 7% More than 8 years, but less than 9 years: 8% More than 9 years, but less than 10 years: 9% More than 10 years, but less than 11 years: 10% More than 11 years, but less than 12 years: 11% More than 12 years, but less than 13 years: 12% More than 13 years, but less than 14 yea rs: 13% Mo re than 14 years, but less than 15 years: 14 % More than 15 yea rs, but less than 16 ye ars: 15 % More than 16 yea rs, but less than I 7 yea rs: 16% More than I 7 yea rs, but le ss than 18 yea rs: 17% More than 18 years , but le ss than 19 years: 18% More than 19 yea rs, but le ss than 20 years: 19% More than 20 yea rs: 20% Em plo yees who are involuntaril y separated from se rvic e shall not be eligible for thi s incentive. Emp lo yees who suffer a work-related injury, whi c h pre ve nt s their return to work , shall be tr ea ted as thou gh they had vo luntaril y se parated from the C ity. Uniformed members of the fire sen•ice who voluntarily separate from City employment after !!. minimum of tw enty years of service shall be eligible for!!. payment upon separation of 50% of the total unused sick leave hours accrued as of the time of separation, which shall be paid at the final rate of lli!Y of the employee. Section z. 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 languag e s hown tffi:ffi . Added language shown thus . City of Jefferson Fire Department IAFF L671 Collective Bargaining Agreement 2023 2 PREAMBLE This Collective Bargaining Agreement is between the City of Jefferson, hereafter referred to as the “City”, and the Professional Firefighters of Jefferson City, Missouri, Local 671 of the Inter- national Association of Firefighters, AFL-CIO, hereafter referred to as the “Union” and shall be as follows: It is the purpose of this agreement to achieve and maintain harmonious relations between the City and the collective bargaining unit, to provide for equitable and peaceful adjustment of differences, which may arise, and to establish proper standards of wages, hours, and other conditions of employment for the members of the Union. This document shall supersede all general policies and or rules and regulations. Further, the City agrees to exact into law this Collective Bargaining Agreement, and all subsequent language or verbiage agreed to by the City and the Union, by enacting an ordinance incorporating the agreements contained in this collective bargaining agreement, thereby making these agreements binding on all parties. ARTICLE 1 - LABOR AND MANAGEMENT RELATIONS SECTION 1.01 Recognition The City recognizes IAFF Local 671 as the exclusive bargaining agent for all employees of the Jefferson City Fire Department holding the rank of Captain, Driver, Firefighter, provided that Firefighters still in their introductory period shall be subject to all regulations and restrictions applicable to probationary/introductory employees as set forth in the City Personnel Manual. SECTION 1.02 Definitions Duty Chief. An Assistant Chief on duty or other Fire Department staff assigned to carry out the responsibilities and duties of an Assistant Chief while on duty. Fire Chief. The Fire Chief or their designee. Member. A member of the Union. SECTION 1.03 Union Business 1. General Provisions. The City and Department recognize the following for duly elected or authorized representative of the Union. The City will pay members who are already on duty and who serve as Union representatives for time spent on labor/management meetings with City representatives, grievance meetings and/or representing employees during investigatory interviews, provided such task does not take away from the immediate required duties of the Union representative in their capacity as a Firefighter, 3 Driver, or Captain. The pay does not apply to Union representatives who are already off duty and /or summoned to the need of a member from an off-duty capacity. All other Union business shall be performed either off-duty or while on duty, but only during unstructured time while at a station. 2. Union Meetings. JCFD Fire Stations may be used to conduct Union Meetings. One member from each station shall be permitted to attend the meetings in person. Virtual participation is permitted for all other on-duty members. On-duty Members shall always be “ready to respond” for calls. Meetings will be scheduled and approved with the Duty Chief in advance outside the normal working hours. SECTION 1.04 Payroll Deduction of Union Dues The City agrees to withhold Union dues on a bi-monthly basis from all union members who have authorized the withholding by the completion of an appropriate form to be kept on file in each individual’s personnel record. The amount withheld will be paid to the union on a time frame that coincides with the pay periods, less the administrative fee charged to cover the cost of the service. The City will provide full accounting documentation on the transactions covered by the section. The Union agrees to keep the Employer informed of the amount of individual monthly dues to be withheld and to notify the City at least thirty days (30) in advance of any change in the amount withheld. The Union agrees to provide signed withholding forms to the City and to pay fifty cents ($0.50) per month per individual for the City’s administrative cost. The Union agrees that this payment for services shall be withheld from the monthly dues check from the City. SECTION 1.05 Bulletin Boards The Union shall be permitted to continue to maintain a Union bulletin board at each of the Stations. Union bulletins, Union materials, and communications of interest to members shall be permitted to be posted on this board. No derogatory material shall be posted on the Union bulletin board. Such bulletin board shall not be used for private commercial purposes. SECTION 1.06 Joint Labor Management Committee (JLMC) There shall be a JCFD Joint Labor Management Committee consisting of at least the Fire Chief or his designee, Union President, or his/her designee, and one additional Union Member. The JLMC shall meet as frequently as the Fire Chief and Union President deem necessary. Both parties may meet to discuss matters of mutual concern as they pertain to this agreement. Recognizing the City’s management rights as addressed in Section 2.01 of this Agreement, it is understood and agreed that all decisions of the JLMC are advisory only. Elected Union Officers or other designated members, shall be allowed to participate in JLMC meetings while they are on duty without being required to utilize earned leave to attend said meetings. There shall be no additional cost to the City for any member to participate. 4 SECTION 1.07 Union Representation 1. Right to Representation. The Union agrees that its members shall comply with all City and Fire Department rules and regulations. It is agreed that a Member shall be entitled to have Union Representation during a grievance, disciplinary procedure, or conflict resolution (where the conflict involves a Member and non-Member City employee or official). a. Grievance shall be defined as a dispute or difference of opinion raised by an employee covered by this Agreement against the City involving the member as to the meaning, interpretation, or application of the express provisions of this Agreement. Such a grievance shall be processed expeditiously according to the procedures set forth below. b. Disciplinary Procedure shall be defined as any procedure governed by Section 16- 6 of the City Personnel Policy Manual which may result in a Member being subjected to discipline. c. Conflict Resolution shall be defined as procedures defined in Section 17-1 of the City Personnel Policy Manual designed to resolve conflicts between employees of the City of Jefferson. 2. Procedure. Should the Member request Union representation, the City shall grant the request and delay the process up to two hours until the Union Representative arrives. Prior to the process continuing, the Union Representative shall have a chance to consult privately with the Member. 3. No Harm. A Member shall not be subject to any disciplinary action for requesting Union representation. 4. Member Participation. It is agreed that having a Union Representative present does not negate the Member’s responsibility to participate in any investigative process during the disciplinary proceedings. 5. Selection of and Conduct of Union Representation. The selection of the Union Representative will be made by the Union. The Union Representative may observe the interview, and with the Member’s consent, may request to confer privately with the Member, or speak on the Member’s behalf provided nothing herein shall relieve a Member from any obligation to communicate with City/Departmental staff. SECTION 1.08 Display of Union Insignia 1. A single Union decal, supplied by the Union, no greater than 2” diameter or 1.5” by 3” rectangular, may be placed on the rear brim of the helmet. 2. A patch representing the Local 671 may be placed on the right shoulder of the Class A jacket. That patch will be no larger in width or height then the issued JCFD patch and supplied by the Union. 5 ARTICLE 2 - MANAGEMENT RIGHTS SECTION 2.01 Management Rights Except as otherwise expressly provided in this Agreement, the City retains the right to manage the Department, both directly and as delegated to the City Administrator and Fire Chief in accordance with Article 21 of the Personnel Policy Manual, including but not limited to the right to: 1. Determine the mission of the City and the Department; 2. Direct the working forces; 3. Hire, classify, assign, promote, and transfer employees; 4. Suspend, demote, discipline, and discharge employees; 5. Relieve employees from duty because of lack of work or other legitimate reasons; 6. Change existing methods, operations, facilities, equipment, and type or number of personnel; 7. Promulgate, make, change, and/or revoke reasonable personnel rules, regulations, policies, and work and safety rules consistent with this Agreement and applicable law; 8. Assign work to bargaining unit and/ or civilian support personnel; 9. Maintain and/ or take steps to enhance the efficiency of the operation of the City and the Department; 10. Plan, direct, control and determine the operation or services to be conducted in and by the employees of the City; 11. Set standards for service offered to the public; 12. Take whatever actions may be reasonably necessary to carry out the mission of the City and the Department; 13. Nothing herein shall modify any employee’ s status as being employed on an at- will basis, provided no Member outside of their probationary period shall be terminated until after the completion of a disciplinary procedure as set forth in the City’s Personnel Procedure Manual, as amended. Section 2.02 Rights and Responsibilities The foregoing powers, rights, authority, and responsibilities, and the adoption of policies, rules, regulations and practices in furtherance thereof shall be exercised in conformity with this Agreement by the City’ s selected management personnel. Failure of the City and/or Department 6 to exercise any of the Management Rights enumerated above does not diminish the future ability to exercise such Management Rights. Section 2.03 – Operation of Law Nothing in this Agreement shall be interpreted or construed in a way that would prevent the City and/or the Department from complying with any duty or obligation placed upon the City and/ or Department by operation of law. Section 2.04 – Lateral Entries and Rehires 1. Lateral Entry candidates are defined as Firefighters currently or previously employed with other career fire departments. Applicants must have been a full-time non-probationary firefighter with at least one (1) year of experience as such to be considered for a lateral transfer into the rank of Firefighter. Applicants will not be considered for lateral transfer if the intended separation from their recent employer or any prior employer is due to pending termination related to disciplinary action. The lateral transfer program is not guaranteed for all entry-level firefighters with prior fire department experience. Eligibility criteria for selection into the lateral transfer program are at the sole discretion of the City Administrator and subject to change as determined by the City Administrator. The beginning salary shall not exceed the salary of an existing Member with the same uninterrupted years of service and education. 2. The City may rehire former fire suppression employees of the Department; provided that the City Administrator may credit such employee with years in service and ranks achieved in a career fire department, further provided the salary upon rehire shall not exceed the salary of an existing Member with the same rank, uninterrupted years of service, and education. Section 2.05 Control Over City Property A. The City shall retain exclusive control over all intangible City property, including City or Fire Departmental logos, insignia, seals, flags, badges, websites, and social media accounts. Neither the Union nor any member or group of members shall use, display, publish, modify, or manipulate such for Union or individual uses or purposes without the express approval of the Fire Chief (if relating to the Fire Department) or the City Administrator (if relating to the City generally). In addition, neither the Union nor any member or groups of members shall use any City equipment, vehicle, apparatus, facility, or structure, or the likeness or image of such, for any Union or individual purpose without express approval of the Fire Chief or City Administrator, as may be appropriate. Nothing herein shall apply to the sharing or distribution of media created by third parties, so long as such third parties are not being used to circumvent the intent of this section. Such approvals may be given or withheld in the sole discretion of the Fire Chief or City 7 Administrator and the denial of such requests shall not be a grievable act under this Agreement. The provision regarding likenesses or images of City equipment, vehicles, apparatus, facilities, or structures shall not apply to purely private, personal uses of such likenesses or images by a member consistent with Section 3-11(a) of the Personnel Policy Manual. B. Notwithstanding anything in Paragraph A, nothing in this Section shall operate to abridge a Member’s right to speak about matters of public concern or a Member’s right to bring matters of public concern relating to the safety or condition of City equipment, vehicle, apparatus, facility, or structure to public attention by publishing, sharing, or distributing any image, likeness, or description without prior approval, regardless of whether such image, likeness, or description includes any City equipment, vehicle, apparatus, facility, or structure. Section 2.06 Control Over City Information City retains the exclusive right to communication regarding initial incident response information, departmental information and news, City information and news, and departmental or City operations (collectively, “City Information”), and as such neither the Union nor any Member shall disseminate or publish any information, data, report, document, picture, or video related to such City Information without approval of the Fire Chief, provided nothing herein shall prohibit the Union or any Member from sharing or republishing any information already made publicly available by the Department or City. ARTICLE 3 - WORKING CONDITIONS SECTION 3.01 Employee Policy Manual & Standard Operating Guidelines 1. The Union agrees that the bargaining unit members will comply with all rules, regulations and ordinances of the City or of the Fire Department not expressly restricted by this Agreement thereof. 2. The “Personnel Policy Manual” as referenced in this Agreement means the City of Jefferson Personnel Policy Manual, as amended. The City retains its exclusive authority and discretion to amend any provision of the Personnel Policy Manual as it deems necessary or desirable. 3. The “Jefferson City Fire Department Policy Manual” of the Jefferson City Fire Department is published by the Fire Chief, and those guidelines shall be followed. The Fire Chief reserves the right to amend the JCFD Policy Manual as he or she deems necessary and appropriate. 4. In the event that there is a conflict between this Agreement and any part of the 8 Personnel Policy Manual, the JCFD Policy Manual, or other City documents referenced herein, the terms and conditions set forth in this Agreement shall be controlling. SECTION 3.02 Hours of Duty 1. A single shift as discussed in this agreement shall be classified as twenty-four (24) hours. A duty cycle shall be two consecutive shifts. A shift will begin at 06:30 and continue for 24 hours. 2. JCFD personnel work a rotating duty cycle schedule, as demonstrated by Shifts AA-BB-CC. During this period covered by this agreement, the FLSA pay cycle shall be 14 days in length. 3. The maximum consecutive hours worked by any one person shall be 72 hours. Exceptions may be made by the Fire Chief for non-safety sensitive assignments, such as training. 4. Generally, the “Normal Working Hours” for the JCFD shall be from 0800-1700 hours, Monday through Saturday, The City/Fire Department shall make all reasonable efforts to schedule inspections, training, public relations events, maintenance, and similar non- emergency duties during this time frame. The Union recognizes that on occasion these events, plus requests from the community and/or the availability of unique training opportunities, may present themselves that requires participation outside normal working hours. As such, the Union acknowledges that the scheduling of such events shall not constitute a violation of this Agreement and shall not be subject to the grievance process set forth in Section 3.10. 5. Daily Scheduling. Daily scheduling shall be as provided in Departmental policy as follows: 0630 All Call Off going shift released All personnel will be prepared for shift change/out of bed unless addressed below. 0700 Alarm Test/Station Radio to “Day Mode” Apparatus to CM when required Begin Station Watch 0800 Regular Station Duties Apparatus Checks Station Maintenance/Clean up Begin Company Inspections/ Training when required Other company or Station Projects 1100 Meal prep may begin 1300 Resume Assigned Duties 9 1600 Physical Fitness Training 1700 Meal prep may begin 1900 Station maintenance 2000 Radios to “Night Mode” End of Station Watch a. Daily schedule will be maintained Monday-Saturday. Sunday will be reserved for unfinished projects or other special events as needed. Station watch will be maintained while personnel in-station from 0700-2000. All personnel should be in uniform by 0700. b. If call load requires the modification of the daily schedule, the Station Officer will notify their shift commander of the modification needed and when the company will resume normal duties. c. Station maintenance is required daily to maintain the station for public use. d. Alternative physical fitness training times are 0700-0800 or 1100-1300 with the approval of the company officer. e. Class C or higher uniform is required during the hours between 0700-2000, except for physical fitness activities. f. Reasonable and irregular departures from daily scheduling guidelines shall not constitute a violation of this Agreement and shall not be subject to the grievance process set forth in Section 3.10. g. These daily schedule guidelines shall not apply to City-recognized holidays. h. Company level training is encouraged at any time. i. Major emergency events and inclement weather days may require modifications to daily scheduling. 6. Shift Exchange. As set forth in the FLSA, shift exchanges shall be permitted, and the City shall hold no liability on shift exchanges. Time exchanges may be voluntarily undertaken between qualified employees with approval of the Duty Chief. Members shall reasonably endeavor to submit time exchanges to the Duty Chief or their designee no later than 1600 of the previous shift. Members shall reasonably endeavor to provide notice of time exchanges after the start of a shift to the Duty Chief or their designee no less than one hour of such exchange. Responsibility for arrangement for the settlement of such time rests with the Members involved. No obligation shall be placed upon the City for such settlements. Should the member working as the result of a time exchange need to utilize sick leave, the sick leave will be deducted from the balance of such member. 10 SECTION 3.03 Overtime 1. Hours Worked/Compensatory Time. a. The City utilizes a 14-day work period, requiring that personnel are paid FSLA overtime under such a plan for all hours worked in excess of 106 hours in a 14-day pay cycle, as set forth in section 7(k) of the Fair Labor Standards Act. b. Hours worked shall include hours actually worked on the City's behalf; in that hours that are compensable but not worked, such as sick, vacation, and other special leave, do not count toward a member’s total hours to calculate that members’ overtime threshold in any given work period. c. Notwithstanding b above, any hours worked by a Member under the following circumstances shall be compensated as premium pay, which shall be 1.5 times the Member’s regular hourly rate as defined under the Fair Labor Standards Act: i. Hours worked due to an increase in staffing level by the Fire Chief. ii. Hours worked due to incident call back of a Member. iii. Hours worked to ensure constant staffing at minimum staffing levels. 2. Extraordinary Circumstances. The City may, in its sole discretion, authorize additional overtime for staffing above and beyond the minimum staffing standards set forth in this Agreement if it determines that the threat of severe weather, civil unrest, the existence of natural or man-made disasters, acts of terrorism, special events or any other circumstance as determined in the sole discretion of the Fire Chief that requires a force size greater than provided for by the minimum staffing standards set forth in his Agreement. The authorization of additional overtime for said circumstances shall not be precedent setting, and the assignment of said overtime shall be done as set forth in the Subsection 1(c) of this Section, Personnel Policy Manual, and FLSA. The Fire Chief retains the right to cancel any and all time off to ensure staffing needs in the circumstances described herein. SECTION 3.04 Reduction-In-Force Lay-offs shall be in accordance with the Personnel Policy Manual. Members who are laid off in order of reverse seniority shall be placed on a recall list for up to eighteen (18) months. Members shall be recalled in seniority order. Those same members shall be required to notify the City whether they accept recall within seventy-two (72) hours after receiving a recall notice, and shall have a maximum of fourteen (14) days to report for duty. Any member who declines recall, or who does not report for duty within the specified time period shall be removed from the recall list. SECTION 3.05 Personnel Transfers Members may request to change shift assignments. The change request must be signed and 11 submitted to the Fire Chief. Such changes in assignments are subject to final approval by the Fire Chief, recognizing that assignments are subject to ensuring proper staffing for all shifts as determined by the Fire Chief. When any vacancy occurs, any incumbent members who so desire may request to be transferred to the vacancy. The Fire Chief may approve the transfer, recognizing that assignments are subject to ensuring proper staffing for all shifts as determined by the Fire Chief. SECTION 3.06 Health & Wellness 1. General Provisions. Subject to appropriation by the City Council, the City will provide an annual Health, Wellness and Fitness Screening and Physical Agility Test, as well as a Heavy Metal testing every five years. The screening shall comply with NFPA 1582 and 1583, as well as the Joint Labor Management Wellness-Fitness Initiative in its most current edition, subject to annual appropriation. The Union agrees that it is a condition of continued employment that all Members participate in this screening. The City agrees that it will adhere to all the principal tenants of the Initiative, and that the goal of the program will be to assist all Fire Fighters to obtain a high level of wellness and fitness. 2. Non-punitive. The City agrees that it is the intent that the annual Health, Wellness and Fitness Screening and Physical Agility Test should not be used in a punitive manner. The Union agrees that should a Member be deemed to not be medically fit for duty, or should a Member refuse to regularly participate in daily fitness activities, or should a member refuse to participate in the annual Health, Wellness and Fitness Screening and Physical Agility Test, administrative or disciplinary actions taken shall not be considered punitive. 3. Access to Fitness Equipment. The City agrees to provide appropriate physical fitness equipment at each fire station. 4. Wellness Program. Members shall receive wellness incentives/rewards that are equivalent to the incentives/rewards that other city employees receive. If wellness incentives/rewards are awarded to general city employees on a 1-hour basis, the same incentives/rewards will be awarded to Union members on a 1.4-hour basis. For instance, if a general city employee receives a 1-hour wellness incentive, then Union members shall receive a 1.4-hour wellness incentive for the same achievement. SECTION 3.07 Training 1. Records. Fire Administration shall provide, upon written request, a written report of a member’s training records, to include EMS records, within fourteen (14) days of such request, provided that the member’s EMT/Paramedic License expiration date is within ninety (90) days of the request date. This provision may be fulfilled by a self-service system if provided by the City. 2. Continuing Education. The City will provide, at its cost, continuing education at the sole 12 discretion of the Fire Chief. If scheduled department provided training is missed by a Member it will become their responsibility to schedule make up times. SECTION 3.08 Uniforms, Appearance, and Equipment 1. General Provisions. But for the following provisions, the City and Department Policy Manual shall be controlling with regard to uniforms and equipment: a. The City shall furnish uniforms and equipment for fire suppression personnel deemed necessary by the Fire Chief. b. Fire personnel shall be allowed to purchase their own personal protective equipment with respect to leather bunker boots, suspenders, gloves, glove holders, belts, and helmets, as long as the accessories meet all safety standards and each Member receives prior approval from the Fire Chief. The Fire Chief may condition such approval on the return of City-issued personal protective equipment. c. When a Member leaves City employment, for any reason such as resignation, retirement, dismissal or layoff, he or she shall return all issued uniforms and equipment to Fire Administration. 2. Tattoos/Scarification/Body Modification. Firefighters shall not have visible tattoos/scarification/body modifications on their head, face, or neck areas above the collar of their Class C uniform (excluding tattoos for natural looking cosmetic enhancements, such as eyebrows, lips, eye liners and wedding bands). Firefighters shall not be required to cover or conceal any tattoos that are located on their arms or legs unless such tattoos contain offensive words, nudity/sexual acts, obscene messages, slogans, or pictures. Such tattoos shall be covered at all times by department-issued long- sleeve T-shirts or pants while on duty. The City Administrator shall be the final arbiter of whether a tattoo contains offensive words, nudity/sexual acts, obscene messages, slogans, or pictures; such determination by the City Administrator shall not be grievable under this Agreement and the Union shall indemnify and hold harmless the City against any claim by a member related to such determination. 3. Uniform Policy. While in the fire stations before 0800 and after 1700, and during rest times and on weekends, while not training or performing safety-related work, members shall be permitted to wear shoes other than department-issued safety boots/shoes. The member acknowledges and holds harmless the City of any workers compensation claims for injuries while wearing such non-safety shoes. SECTION 3.09 Grievances 1. A “grievance” for the purpose of this Article shall mean any dispute over the application and/ or interpretation of this Agreement. A grievance, outside the purpose of this Article, shall be brought to the attention of the supervisor or supervisors under the procedures set forth in the Personnel Policy Manual. The Union, for the specific purpose of a 13 grievance in this Article, shall be the only party permitted to file grievances. The City or Department shall not accept or process grievances filed by individual members. Individual members shall submit their potential grievances to the Union for evaluation. The Union shall evaluate potential grievances and file grievances as required by the standards of its duty of fair representation. 2. Procedures: a. Step 1: Within seven (7) days of the date that a potentially grievable offense has occurred or become discoverable to the member(s), the member(s) shall contact the Union for guidance. The Union shall meet and confer with the affected member’s Duty Chief within (7) days of notice from the member to gather all pertinent facts relating to the potential grievance. If the meet and confer fails to resolve the grievance, the Union shall provide the Duty Chief a written notice of the grievance. The Duty Chief may transfer the grievance to the appropriate Division Chief where the grievance is within the Division Chief’s area of responsibility. The Duty Chief or the applicable Division Chief shall render an initial written decision within seven (7) calendar days of the written notice. If the Union is not satisfied with outcome of the discussion, the Union shall proceed to Step 2. i. When a grievance is identified by the Union as being general in nature, in that it applies to more than one (1) member reporting to different Duty Chiefs in the chain of command, such a grievance shall proceed directly to Step 2. b. Step 2: A written grievance shall be presented to the Fire Chief within seven (7) calendar days of the date of the Union’s meeting with the Duty Chief in Step 1. The grievance shall identify the specific article of the contract in question and also a summary of the factual basis for any claimed violation, any witnesses and/or necessary documents. The Fire Chief shall provide a written determination within seven (7) calendar days. If the Union is unsatisfied with the Step 2 answer, the Union may proceed to Step 3. c. Step 3: If the Union remains dissatisfied with the Step 2 answer, they may, within seven (7) calendar days following receipt of the Step 2 answer, appeal the grievance to the City Administrator. All grievances submitted to the City Administrator shall be set forth in writing as outlined in Step 2 and a copy shall be transmitted by the Union to the City’s Human Resources Director. The City Administrator shall provide a written response to the Union within seven (7) calendar days. 3. If at any time a member(s) represents that such member(s) is satisfied with the resolution of a grievance, the Union shall be deemed to have fulfilled its duty of fair representation and no further process by the Union is authorized. 4. Any unresolved grievance processed through the grievance procedure may be submitted for action in the circuit court as a judicial review of an uncontested case under Section 536.150 RSMo. within thirty (30) days of the City Administrator’s written decision. 14 SECTION 3.10 Discipline and Discharge Procedures The Union agrees that discipline of Members, when deemed necessary by the City, shall be administered in accordance with the City’s Personnel Policy Manual. Discipline and discharge shall not be subject to the grievance process. SECTION 3.11 Policies and Guidelines JCFD policies and procedures are established by the JCFD Policy and Procedures Manuals. The Union may propose changes to any existing JCFD Policy on behalf of members, or propose the creation of a new Policy, in accordance with this Section. Prior to implementing any amendment or new policy, the Fire Chief shall provide a copy of such amendment or new policy to the Union members of the JLMC for comment and review, which shall be returned to the Fire Chief within fourteen (14) days. Upon receipt of such comment and review, any amendment or new policy may or may not be implemented by the Fire Chief in the Fire Chief’s sole discretion. These provisions shall not apply to interim directives. The Union shall have the right to confer with the City Administrator regarding any new or amended policy implemented by the Fire Chief under this provision. SECTION 3.12 Promotions and Hiring The filling of vacancies in ranks of Firefighter, Driver, and Captain and promotions to the ranks of Driver and Captain shall be done in accordance with the Personnel Policy Manual, the JCFD Policy Manual, and Jefferson City Ordinance 15715, but for the modifications set forth in this agreement: 1. Timeliness of Hiring. The filling of full-time line-level permanent vacancies shall be endeavored to take place within ninety (90) days of a Member vacating their position. If a vacancy is not filled within 90 days, the Fire Chief shall provide written notice to the Union upon request. This provision shall only be effective where there exists a list of qualified applicants for hiring. 2. Timeliness of Promotions. The filling of full-time line-level promotions shall be endeavored to take place within sixty (60) days of a Member vacating their position. If a promotion is not filled within 60 days, the Fire Chief shall provide written notice to the Union upon request. This provision shall only be effective where there exists a list of qualified applicants for promotion. 3. Union Participation. The Union retains the right to have a member of the Union’s choice to sit in on the hiring and promotional process as one of the line rank personnel required by ordinance. The Union representative may serve in this capacity on an off-duty basis. However, if the Union representative is already on shift during such service time, the Union Representative may serve while on duty. 4. Promotional Procedure. The following procedure shall govern all promotions to Driver and to Captain within the Fire Department: 15 a. All examinations shall be impartial and shall relate to those matters which fairly test the candidate to discharge the duties of the position to be filled. b. Examination material for each exam shall consist of a maximum of three (3) texts. All promotional testing study material such as books/software shall be furnished no less than 6 months prior to the testing dates. Study materials will be made available to Members for check-out at Fire Administration. c. Promotional examination dates shall be announced via email to the entire department no less than ninety (90) days prior to the testing date. d. Promotional examination scores shall be emailed to each test taker within 3 weeks (21 days) of the completion of written and/or practical testing and shall not be unnecessarily held until the completion of all tests. For example, if written testing is completed and the practical test is not scheduled for another 30 days, then the written test results shall be sent to the testers prior to the practical test being completed. e. Members with leave scheduled prior to the public announcement of any exam dates that conflict with the exam dates shall be allowed to schedule makeup exams. SECTION 3.13 Strikes and Lockouts 1. The Union agrees that neither it nor any of the members covered by this Agreement will collectively, concertedly or individually engage in or participate in any strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with the work or efficient operation of the Department. 2. The City agrees that it will not lock out any of the members covered by this Agreement. 3. In the event of a strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other action or omission that interferes with work of the efficient operation of the Department, the Union shall, upon receiving notice thereof, immediately give oral or written directives, with a copy to the Department, instructing those members engaged in such activity to immediately cease their strike, slowdown, work stoppage, sick out, sympathy strike, illegal picketing, or other activity and return to their assigned duties immediately at the discretion of the Department. a. The Union’s communication shall warn that a failure to cease prohibited activities and return to their assigned duties as directed will continue to expose them to disciplinary actions, including termination, as the Department deems appropriate, and to civil action for material breach of this Agreement. b. The failure of the Union to promptly so act, after notice by the Department, shall be construed to mean the Union sanctioned or condoned the actions of the members involved. If the Union does promptly so act, such actions shall be construed, absent other inconsistent acts by the Union, to demonstrate that it did 16 not sanction or condone the unlawful and/or prohibited acts. 4. The City may exercise its ability to withdraw recognition of the Union as set forth in Article 1 if the Union sanctions or condones the actions of the omissions prohibited by this Section. SECTION 3.14 Internet, Cable & Communications The parties agree upon the following provisions regarding the use of the internet, cable, and other forms of communication by on duty Members of the JCFD: 1. The City will provide access to wireless internet at each station. 2. The City shall allow the use of personal electronic and communication devices, provided such use does not interfere with departmental operations or violate City or department policies. 3. The use of Member’s cell phones, internet devices, televisions, email, text messages and social media services shall be governed by the respective provisions applicable to City employees contained in the Personnel Policy Manual. SECTION 3.15 Station Maintenance, Repair and Furnishings The parties agree upon the following provisions regarding the maintenance, upkeep, repair, and furnishing of the JCFD firehouses: 1. Members shall be responsible for the cleaning and maintenance of their assigned bedding and bedroom. 2. The City shall provide and maintain each fire station’s interior with appliances, furniture, furnishings, and accessories. 3. Cleaning appliances, laundry detergent, fabric softener, dryer sheets, dish-washing detergent, etc. shall be provided by the City for bed linens, towels, uniforms, turnout gear, and dishes. 4. Members shall not be required to perform duties for the City in lieu of hiring a licensed professional for any major building repairs or additions which would require a permit by city code. 5. Members shall clean and maintain all living areas, bunk-rooms, offices, and apparatus bays, including those facilities located at the Hyde Park Training Facility in accordance with department policies set forth by the Fire Chief. Cleaning products deemed necessary to maintain JCFD stations shall be provided by the City for the purpose of station cleaning. 6. Members shall only be required to maintain the building and grounds of each 24-hour, staffed fire station and the Hyde Park Training Facility, except Members shall not be required to cut grass at Hyde Park Training Facility. 17 SECTION 3.16 Minimum Staffing 1. The parties agree that the regular staffing level for the Jefferson City Fire Department shall be set at twenty-three (23) and the minimum staffing strength shall be set at nineteen (19) fire suppression personnel per shift occupying the positions of Firefighter, Driver, and Captain. A modification of this number may be made by the Council by ordinance at any time based on evaluation of the needs for staffing strength sufficient to protect the City. 2. Members shall be called to report when strength is below minimum staffing levels based on the needs of the department for particular classes of individuals and particular training on any given shift. Minimum staffing strength shall be achieved primarily within rank, first voluntary, then mandatory. For example, Captains will be called back to fill Captain positions, Drivers will be called back to fill Driver positions, and Firefighters will be called back to fill Firefighter positions. The Fire Chief may in their discretion allow for out-of- rank minimum staffing where the Fire Chief determines such is in the best operational, organizational, or fiscal interests of the City and Fire Department. Persons on leave who are assigned to work to maintain minimum staffing strength, either voluntarily or mandatory, shall be compensated for both leave time and time worked. 3. The City shall maintain a single rotating list for the purposes of maintaining minimum staffing strength. Persons of the appropriate rank who have volunteered will be selected in a reverse chronological order from the date last worked to maintain minimum staffing strength. When no volunteers are available, members will be selected on a mandatory basis in reverse chronological order based on date last worked to maintain minimum staffing strength, provided that members who are on leave shall be excluded from mandatory minimum staffing. SECTION 3.17 Increases in Staffing 1. The Fire Chief may, at their discretion, increase minimum staffing for non-routine events when: a. It is necessary to dedicate personnel to provide for the safety of an event or; b. The anticipated attendance creates the need for increased protection or may delay emergency services; and c. This staffing will last longer than 4 hours; and d. Personnel dedicated to providing services at the event cannot, in a reasonable time, return to service. 2. Staffing for Preplanned Non-Routine Events. Notice of a raise in minimum staffing levels for preplanned non-routine events will be relayed to the members as soon as practicable. The Union commits to providing assistance in scheduling personnel for preplanned non- routine events. The minimum staffing procedure shall be used to fill positions at these events if not first filled through voluntary means on a first-come first-served basis. By 18 working during a non-routine preplanned event, a Member who would have otherwise been off-duty will be moved to the bottom of the minimum staffing roster. SECTION 3.18 Residency Requirement To ensure the availability of Members for call back, minimum staffing, and response to emergency situations, Members shall be required to maintain their primary residence within twenty-five miles of City limits (air miles) or a forty-five-minute drive of Fire Station 1. This distance shall be measured by any commercially-available mapping program or service approved by the Director of ITS utilizing the address of the Members’ residence as the starting point and the address of Fire Station 1 as the end point. Section 3.19 Staffing Generally Members agree to be called back to work beyond a normal duty cycle for emergency situations or to maintain minimum staffing strength in accordance with this Agreement and the Personnel Policy Manual. ARTICLE 4 - COMPENSATION SECTION 4.01 Wages and Compensation A pay plan for the members of the Union is hereby established and is attached to this Agreement as Appendix 1 and made a part hereof by reference. Wage rates will be adjusted during the term of this Agreement in accordance with Appendix 1. SECTION 4.02 Step-Up Pay 1. Any person covered by this Agreement who is assigned the responsibilities and carries out the duties incidental to a position or rank senior to that which the Member normally holds, for a minimum of 10 hours, shall be paid a daily “step-up” of forty dollars ($40.00). Only one step-up may be paid to a member per shift except as provided herein. 2. In the event a Member performs as an instructor for departmental training while on their regularly scheduled shift, the Member shall be paid forty dollars ($40.00) for each shift in which the Member performs as an instructor, provided a Member who is receiving a special incentive to serve as a shift training officer shall be ineligible for step-up for instructing. 3. Two step-ups may be paid to a single Member in the event that a Member serves out of rank as described in Paragraph 1 and that Member also serves as an instructor as described in Paragraph 2, both in a single shift. 19 4. Members who are working to maintain minimum staffing strength are not eligible to receive step-up pay. SECTION 4.03 Benefits Members shall be provided with benefits such as comprehensive major medical, prescription drug, vision care, dental insurance, and life insurance, at levels no worse or less valuable than those made available to general City employees. SECTION 4.04 Pension and Retirement Members shall be provided pension and retirement benefits consistent with Ordinance 14747. SECTION 4.05 Sick Leave Sick leave usage and accrual shall be governed by City Personnel Policy Manual and JCFD Policy Manual, but for the following provisions: 1. Members may be required to provide a physician’s note pertaining to the medical reason for missing work to the City or Fire Administration where such Member reports unavailable to work due to sickness for seven consecutive calendar days. SECTION 4.06 Kelly Days The City reserves the right to implement Kelly Days as a fiscal control mechanism. “Kelly Days” shall be defined as a rotating day off that is granted in the pay cycle that reduces the accumulation of overtime hours by reducing hours worked. The City shall only implement Kelly Days upon approval of the City Council. SECTION 4.07 Vacation Time 1. General Provisions. The use and accrual of vacation time shall be governed by the Personnel Policy Manual except as explicitly provided in this Agreement. a. Vacations will be scheduled in December for the upcoming year on a rotating basis by seniority as defined by time with the Fire Department. b. Vacation may be canceled or postponed by the Fire Chief to maintain minimum staffing, in the event both voluntary and involuntary procedures fail to produce sufficient personnel for duty. c. Military leave may be utilized by a Member even when two (2) vacations are previously scheduled. Military leave dates will be provided by the Member for each year as soon as dates are available. 20 d. When a shift transfer occurs, the individual affected will have to reschedule to an available date, trade time, or carry over vacation time to the following year as provided in the City Personnel Policy Manual unless the transfer assignment was not at the Member’s request. Individuals transferred pursuant to promotional changes shall have their previously scheduled vacation days honored to the extent they do not disrupt the operations of the department. This includes the honoring of the calendar time off regardless of the shift schedules. 2. Annual Vacation Scheduling. a. There will be no more than two (2) members on vacation at a time without explicit approval of the Fire Chief, subject to provisions of Paragraph 4 below. b. Members will pick vacation dates using employment seniority by shift to determine the selection order. c. The first four (4) vacation picks will be based on projected annual accrual rate of vacation time for the individual for the upcoming year. No person may schedule more vacation than can be accrued in the calendar year or have scheduled more hours than can be accrued to the day in question. d. On first pick, no member will pick more than one hundred forty-four (144) hours [six (6) shifts] of vacation during the first round of vacation selection and must be picked in forty-eight (48) hours [two (2) shifts], ninety-six (96) hours [four (4) shifts], or one hundred and forty-four (144) hours [six (6) shifts] in consecutive increments. e. On second pick, no member will pick more than ninety-six (96) hours [4 shifts] of vacation and must be picked in forty-eight (48) hours [two (2) shifts] or ninety-six (96) hours [four (4) shifts], during the second round of vacation selection and must be picked in consecutive increments. f. On third pick, members can pick vacation in twenty-four (24) hours [one (1) shift], or forty-eight (48) hours [two (2) shifts] increments. No member will pick more than ninety-six (96) hours [four (4) shifts] of vacation during the third pick and must be in consecutive days. g. On fourth pick, members may pick vacation in twenty-four (24) hours, [one (1) shift]; forty-eight (48) hours [two (2) shifts] increments. No member will pick more than ninety-six (96) [four (4) shifts] of vacation during the fourth round and must be picked in consecutive days. h. Members will be given no less than 24 hours of notification when the vacation selection process for their assigned shift will begin. Members will be required to have their first and second selection available at the time selection begins. Members who do not report picks when notified shall be considered to have passed until round three. i. After 4 rotations members may pick a day or days that have carried over from the previous year. Members can pick any amount of hours in 24 or 12 hour (either 21 0630-1830 or 1830-0630) increments, but the picks must be consecutive. The picks will continue in a rotation, based on seniority, until all members have stated they have completed their picks. j. The vacation selection process will now be complete and the calendar is closed until two cycles before the first shift of the year. The completion of the process will be relayed to all members. 3. Additional Vacation Selection and Cancellation. a. No member may schedule more total vacation leave than their current vacation balance and total to be accrued to the day of the leave. b. Vacation leave may be granted in 12-hour or 24-hour periods, with those 12-hour periods spanning either 0630-1830 or 1830-0630. c. Open vacation leave periods will be granted in order requested. d. To give all Members notice of the opportunity to participate in minimum staffing and use accrued vacation, cancellation of a Member’s scheduled vacation leave for their next duty cycle shall not be allowed after 1600 of such Member’s duty cycle preceding the scheduled vacation. e. Members should give advance notice to their supervisor and their Duty Chief of other scheduled leave or changes to other scheduled leave, such as military leave, sick leave, etc. as soon as practicable, preferably the duty cycle before the Member’s scheduled leave. 4. The provisions of section 2(a) of this article notwithstanding, up to three individuals from any platoon may take vacation at the same time as provided in this subsection. a. The choice of the vacation date may be made at any time, including during the regular picks. b. The vacation date chosen shall not be considered approved and granted at any time before two cycles (sixteen days) before the chosen vacation period at which time the selection must be approved or denied by the Duty Chief. The Member who is denied shall have priority if the requested vacation date becomes later available. c. The City will endeavor to keep the member informed as to the status of the decision, however it will be the responsibility of the member to confirm with the Duty Chief that the date has been approved. d. After a date has been finally approved and granted, it shall be treated as a regular vacation day for all purposes. 5. A Member who is scheduled for vacation shall not be subject to mandatory staffing except as provided in Section 3.03.2 of this Agreement. 22 SECTION 4.09 Injured or Disabled While On or Off Duty 1. Duty Related Injuries or Illnesses. Any Member who is injured or disabled while on duty shall be remunerated by the City’s contracted worker’s compensation insurance provider, in accordance with the City Personnel Policy Manual, except for as specifically provided in this Agreement. 2. Physician Selection. The Union shall be entitled to having a member participate in any competitive selection process for physicians to provide care under the City’s worker’s compensation program. 3. Off-Duty Related Injuries or Illnesses, or Physical Restrictions. Any Member who has temporary physical restrictions due to off-duty injuries or illnesses and is unable to perform the duties of a firefighter may work light-duty up to 40 hours per week to off-set the member’s sick or vacation leave usage. Members seeking a light duty assignment should submit a written request with medical documentation to the Fire Chief for approval/disapproval. The availability of light duty assignments shall be determined on a case-by-case basis, at the discretion of the Fire Chief, consistent with the operational needs of the Department. Nothing in the Agreement shall require light duty to be paid at 1.5 times a Member’s regular rate unless required by the FLSA. 4. Location of Light-Duty. Light-duty assignments related to off-duty injuries or illnesses shall occur at fire stations or fire administration, except that assignment may be established outside fire stations or fire administration if mutually agreed to by the Fire Chief, the member, and the affected departmental director, shall be in accordance with the restrictions set forth by a treating physician, and any light duty that is performed shall negate any Sick Leave utilized by the Member, hour for hour. 5. Return to Duty. Members returning from light duty shall be required to perform a department physical (PAT) if their light duty assignment resulted in the Member missing the regularly-scheduled department-mandated annual PAT. 6. Long Term Light Duty. For light duty assignments exceeding sixteen (16) weeks, if the Member so chooses, they shall be moved to a 40-hour week starting with the next available pay period, with a corresponding adjustment to hourly pay and leave accrual and subject to FSLA requirements applicable to 40-hour work weeks. 7. Restrictions from Testing. When any member is subject to any restriction/limitation/denial of clearance resulting from medical/physical tests (including those performed by any third-party entity such as SiteMed or similar vendors performing NFPA 1582 physicals) then the following procedures shall apply to such member’s return to duty process: a. The member may use accrued leave and apply for FMLA leave while working with their personal physician, in coordination with the City third-party medical services provider (SiteMed or similar), to return to duty. b. The member may also request light duty according to the provisions of this section. 23 c. If the member is not released to full duty at the expiration of FMLA leave, or three months if they have been working light duty, the City may terminate the member. Prior to termination, the member may request the City Administrator authorize additional time or explore options, if available, for long term disability, retirement, or other employment opportunities with City. SECTION 4.10 Special Duty Incentive Special duty positions will exist with additional duties and responsibilities as outlined in the respective job description. Personnel occupying those positions will be compensated as outlined below at a flat rate per year paid equally over 26 pay periods. Members occupying these positions will serve a two-year term (unless a Member is fulfilling an unexpired term) and will be required to reapply when required. Applications are subject to approval of the Fire Chief. Nothing in this section precludes a Member from serving as any special duty position for successive terms, but the individual must be selected from the list of applications. A member may only occupy one special duty incentive concurrently, except for Paramedic as set forth below. These incentivized positions may be withdrawn if the City Administrator approves alternative positions or mechanisms to perform incentivized duties. Positions receiving a special duty incentive will not receive “Step-up” pay if training is listed as a job duty in the special duty job description. Appointments to a special duty position may be subject to removal from such special duty position upon disciplinary action. 1. Inspectors. There will be no more than six (6) positions, designated for the purpose of inspector and each will receive $3,000 per year. 2. SCBA Technician. There will be no more than one (1) position for the department for the purpose of SCBA maintenance and will receive $3,000 per year. 3. Grant Writer. There will be no more than (1) identified position as a grant writer and will receive $3,000 per year. 4. Shift Training Officers. There will be no more than (3) identified positions as a Shift training officer and each will receive $3,000 per year. 5. Paramedic. Notwithstanding any in this Section to the contrary, any Member that is approved and able to perform the duties of a paramedic as allowed under State law and requirements set forth by the Fire Department’s Medical Director will receive $2,000 per year. Members seeking the paramedic incentive shall provide all necessary documentation to the Fire Chief or their designee. The Paramedic incentive may be achieved by a Member in addition to any other special duty incentive. 6. Escalators. The amounts set forth in paragraphs shall increase $75 each fiscal year, provided that the escalator for the paramedic incentive shall be $50 each fiscal year. 7. Other Special Duty. The Fire Chief may create other special duty incentives when approved by the City Administrator. Application will be taken from all eligible Members who wish to apply for the position. 24 SECTION 4.11 Funeral Leave Members of the fire service assigned to fire suppression duty may utilize two (2) consecutive days (full shifts) of Funeral Leave as needed for each funeral of an immediate family member. SECTION 4.12 Military Leave Leave for military training shall be governed by Section 14-4 of the Personnel Policy Manual, provided that Members shall be entitled to up to one hundred and seventy (170) hours of such leave in any Federal fiscal year. SECTION 4.13 Outside Employment Members shall be allowed to be compensated by any company/agency/entity, for any amount of time outside their normally scheduled duty cycle, consistent with provisions of the Personnel Policy Manual and the City Charter and provided that such employment does not conflict with the Firefighter Code of Ethics and does not pose a conflict of interest. SECTION 4.14 Critical Illness Pool The City shall participate in the Missouri Fire Fighters Critical Illness Pool at the $300,000 Coverage Limit for eligible, full-time firefighters, so long as such program is made available and the City is eligible to participate. ARTICLE 5 – Conditions of the Agreement SECTION 5.01 Savings Provision If any provision of this Agreement, or application of such provision, should be rendered or declared invalid, by any court or by reasons of any existing or subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain in full force and effect, and the provisions of this Agreement shall be interpreted and implemented to render the provision in question in compliance with the applicable law, as close to the original intent of the parties as possible. SECTION 5.02 Complete Agreement and Reopening Provision 1. Entire Agreement. This Agreement constitutes the entire agreement between the parties and no other agreements or representations other than those contained in this Agreement have been made by the parties. This Agreement shall be amended only in 25 writing and effective when signed by both parties. 2. Reopening. The parties shall not be obligated to bargain collectively with respect to any subject matter referred to or covered in this Agreement during the term of the Agreement, but the parties may do so if each so desire. SECTION 5.03 Successor Entities The Jefferson City Fire Department recognizes that should the Union disaffiliate with the IAFF and/or Local 671, that the terms and conditions contained within this Agreement will not automatically be transferred to whatever authorized bargaining agent, if any, assumes the representation of the Members of the union. If the transferring entity is established as the exclusive bargaining agent of the Union as recognized by law, the City reserves the right to honor none, part, or all of this Agreement at its discretion. SECTION 5.04 Agreement Terms and Negotiating Extension This Collective Bargaining Agreement shall be effective upon approval and shall remain in full force and effect until October 31, 2026. This Agreement shall be implemented in accordance with the following schedule: Changes to pay rates shall be adjusted for the pay cycle which is paid on May 5, 2023. Full implementation of fiscal matters, including changes to how overtime is calculated under this agreement, shall be completed so that such full implementation is reflected in the pay cycle which is paid on June 16, 2023. The parties acknowledge and recognize that this implementation schedule shall require utilization of a pay cycle inconsistent with the general provisions of this Agreement. Parties shall each hold harmless the other from any claims relating to or resulting from this non- standard pay cycle, provided all Members shall be made whole in the event that any mistake or error in calculation of pay is subsequently discovered. The parties shall not be required to meet earlier than 150 days prior to the expiration of the Agreement for the purpose of negotiating a successor Agreement. SECTION 5.05 Evergreen Provision This Collective Bargaining Agreement shall remain in full force and be effective during the period of discussions and shall remain in full force and effect until such time that a successor Agreement has been reached. This Agreement shall be automatically renewed year to year after October 31, 2026 unless either party shall notify the other in writing no later than ninety (90) days prior to the date of termination that it wishes to terminate or modify this Agreement for any reason. Notification of intent to modify shall include the substance of the modifications desired and negotiations shall begin no later than June 1, 2026. SECTION 5.06 Financial Hardship In the event the City experiences a decline in annual gross revenue compared to the amount 26 budgeted for the previous fiscal year as shown in the annual audit of the City, this Agreement may be terminated or modified following sixty (60) days written notice. At least thirty (30) days prior to the sixty (60) day written notice, the City agrees to notify the Union of this activity and agrees to meet and confer in a good-faith attempt to reach agreement on the terms of this Agreement or replacement of this Agreement, given the annual gross revenue decline. For purposes of this article, annual gross revenue shall be defined as that revenue exclusive of grants received by the City from all sources except City funds. ARTICLE 6 – AGREEMENT SECTION 6.01 Approval of the Agreement Once the bargaining teams have reached a tentative agreement, said document shall be presented in its entirety to the voting Members of the Jefferson City Fire Department IAFF Local 671 for approval or rejection. Should the Union report to the City that the Union has voted to ratify the Agreement, it shall then be presented to the Jefferson City Council for consideration and ratification. SECTION 6.02 Reopening Upon Layoffs In the event that economic circumstances in the City of Jefferson require a layoff of personnel in the Jefferson City Fire Department as contemplated in Section 2.03 of this Agreement, the par- ties may mutually consent to reopen this Agreement for the purpose of avoiding the layoff of Jefferson City Fire Department personnel. SECTION 6.03 Appendices and Amendments All appendices and amendments to this Agreement, if any, shall be numbered or lettered, dated, and signed by the responsible parties, and shall be subject to all provisions of this Agreement. [Signature Pages to Follow] CITY OF JEFFERSON, MISSOURIPROFESSIONAL FIREFIGHTERS OF JEFFERSONCITY, MISSOURI, LOCAL 671 OF THEINTERNATIONAL ASSOCIATION OFFIREFIGHTERS, AFL-CIO_, MayorJames Noah, PresidentEmily Donaldson, City ClerkRyan M^hlman, City Attorney27 Appendix A – Local 671 Pay Plan 1. The base wage for Firefighter will be set for implementation at $45,800. 2. Each rank will have 10 steps. 3. Each step will be equivalent to an increase of 1.5% from the previous step. 4. For implementation, Years in Grade (YIG) will be calculated as whole years from promotional or hire date to 11/1/2022. 5. Employees will begin at step 1 for their range and be moved a number of steps equivalent to their YIG. 6. At the beginning of the next Fiscal Year for the duration of the contract, the minimum pay and maximum pay will be raised by 1%. 7. Each employee will be advanced 1 step at the beginning of the fiscal year. 8. Employees will receive four 1.5% compounding steps on promotion (6.1%) or move to step 1 for the rank, whichever is greater. Firefighter Fire Driver Engineer Fire Captain Step1 $45,800.00 $53,152.77 $61,685.96 Step 2 $46,487.00 $53,950.06 $62,611.25 Step 3 $47,184.31 $54,759.31 $63,550.42 Step 4 $47,892.07 $55,580.70 $64,503.67 Step 5 $48,610.45 $56,414.41 $65,471.23 Step 6 $49,339.61 $57,260.63 $66,453.30 Step 7 $50,079.70 $58,119.54 $67,450.10 Step 8 $50,830.90 $58,991.33 $68,461.85 Step 9 $51,593.36 $59,876.20 $69,488.78 Step 10 $52,367.26 $60,774.34 $70,531.11 BILL SUMMARY BILL NO: 2022-124 SPONSOR: Councilmember Schreiber SUBJECT: Adjustments to Fire Department Command Staff Compensation Aligning to the Collective Bargaining Agreement with IAFF Local 671 DATE INTRODUCED: April17 . 2023 CITY ADMINISTRATOR: Staff Recommendation: Approve. Summary: This bill would authorize salary adjustments for Fire Command Staff (excluding the Fire Chief) due to the adoption of the IAFF Local671 Collective Bargaining Agreement. Utilizing the existing budget allocation to address and adjust Fire Command Staff wages, with additional funding to come from Public Safety Tax. Department Responsible: Fire PERSON RESPONSIBLE: STEVE CROWELL, City Administrator Background Information: The proposed Collective Bargaining Agreement (the "Agreement") with the IAFF Local 671 (the "Local") appropriately addresses pay and benefits for Firefighters , Drivers and Captains ; however, not included in the Agreement are five (5) members of the Fire Department Command Staff which currently consists of two (2) Division Chiefs and three (3) Assistant Chiefs . Command Staff, along with the Fire Chief, have represented management throughout the history of the Fire Department and , as such , have been excluded during labor negotiations. In contrast, the Fraternal Order of Police includes Lieutenants and Captains within their collective bargaining agreements . Historically, the City has maintained pay parity between Police Lieutenants/Fire Division Chiefs and Police Captains/Assistant Fire Chiefs . Previous capped salary adjustments have fallen short of keeping the compensation of these positions equitable . Pay adjustments for these positions is critical to maintain competitive market value and provide incentive/opportunity to promote Fire Department personnel from within the organization to positions of leadership. Fiscal Information: If the Agreement with the Local is ratified and approved by the City Council, it will be important to make necessary adjustments to address Command Staff pay (excluding the Fire Chief). Funding could include approximately $12,000 (from the initial $50,000 allocated for Command Staff from the Public Safety Tax), with the remainder (approximately $14,000) coming from the “compression amount” the City Council identified in the Public Safety Tax. Total cost would be $38,896.63 (including LAGERs contribution). Range Minimum Maximum Division Chief F4 $66,621 $98,900 Assistant Fire Chief F5 $73,537 $106,504 It would be the intent that all staff in ranges F4 and F5 will receive a maximum across-the- board 2 ½% increase each fiscal year that employees in ranges F1-F3 receive an increase. The ranges will adjust 1% each fiscal year, as long as the range increase does not increase applicable employees’ salary an additional 1% over the 2 ½% across-the-board increase. This would need to budgeted annually in the budget ordinance. Current employees will be placed in the new ranges according to years of service and time in grade, as determined by the City Administrator consistent with the methodology utilized to implement the CBA with Local 671. Pay increases would be reflected on their May 5, 2023, paycheck. Employees in range F4 may receive paramedic pay, similar to those employees in ranges F1-F3. Employees in range F5 assigned to one of three 24 hour shifts (2912 hours annually) may receive holiday pay and paramedic pay, similar to those employees in ranges F1-F3. BILL NO . 2022-124 SPONSORED BY Councilmember Schreiber ORDINANCE NO. ________ _ AN ORDINANCE OF THE CITY OF JEFFERSON , MISSOURI ADOPTING PAY RANGES AND AUTHORIZING SALARY ADJUSTMENTS FOR FIRE DEPARTMENT COMMAND STAFF , TO ALIGN WITH THE COLLECTIVE BARGAINING AGREEMENT WITH IAFF LOCAL 671. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON , MISSOURI , AS FOLLOWS: Section 1. The City of Jefferson adopts the following classification and pay ranges and authorizes the City Administrator to make salary adjustments for Fire Command Staff (excluding the Fire Chief) to align Command Staff compensation with the methodology for compensation utilized for the IAFF Local 671 Collective Bargaining Agreement, including the paramedic incentive . Classification Minimum Maximum Di v ision Chief F4 $66,621 $98,900 Assistant Fire Chief F5 $7 3,53 7 $106 ,504 Section 2. The City will utilize the existing budget allocations to address and adjust Fire Command Staff wages , with additional funding to come from Public Safety Tax . Section 3 . This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed : -----------Approved : _________ _ Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM : City Clerk City ~