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HomeMy Public PortalAbout20141203 Admininstration PacketNOTICE OF MEETING & TENTATIVE AGENDA Council Committee on Administration Wednesday,December 3,2014 –8:00 a.m. Boone/Bancroft Room (City Hall) –320 E McCarty St Tentative Agenda 1.Call to Order 2.Roll Call 3.Approval of Minutes 4.Clean Energy Board (Hilpert) 5.Nomination of candidacy form (Hilpert) 6.Ridesharing (Hilpert) 7.Appointment Review (Strope) 8.Public Comments 9.New Business 10.Adjournment NOTES Minutes of Meeting Jefferson City Council Committee on Administration Wednesday, November 5, 2014 City Hall -320 E. McCarty Street Large Conference Room ATTENDEES- Committee members present — Larry Henry, Jim Branch, Laura Ward, Ken Hussey, Glen Costales Staff: - Drew Hilpert, Steve Crowell, Gail Strope, Capt. Eric Wilde, Britt Smith, Matt Morasch Guests: Madeleine Leroux Meeting came to order at 8:00 a.m., the minutes were approved with a motion by Branch and seconded by Ward. Motion passed 5-0. Personnel Policy Changes recommended by the FTA. Strope presented a bill which would make several relatively minor changes to the Personnel Policy manual. Strope advised these changes were recommended by the FTA as part of the City's Triennial review. She advised the changes did not reflect any current problems being had at the City. After discussion Costales made a motion to move the bill onto the Council. The motion was seconded by Ward. The motion passed 5-0. Police HVAC. Britt Smith reviewed the engineers report on the Police HVAC System and discussed and described the options to fix the problem. City Administrator Crowell recommended the City design a replacement plan for both levels (upstairs and downstairs) of the PD HVAC unit, with the downstairs as an alternate. After discussion Costales made a motion to accept the engineers report. The motion was seconded by Hussey. The motion passed 5-0. Hussey then made motion to recommend a contract for design of the PD HVAC for both levels, at an approximate cost of $83,000, to the City Council. The motion was seconded by Ward. The motion passed 5-0. APPOINTMENTS REVIEW: Presented by Gail Strope. The committee reviewed the recommendations by Mayor Struemph. A motion was made by Branch to approve the following persons for recommendation to the full Council and was seconded by Hussey, passed unanimously. Volunteer Full Committee Recommend New term Term terms ed Full/Pa served appointment rtial Tom Hartman 0 Cultural Arts Zach Wilson Mar 2015 PARTIAL Christian Ricks 0 Police Personnel Wesley Dickman Jan 2016 PARTIAL Gary Wheeler 0 Environmental Rachael Herndon Nov 2017 PARTIAL Quality Volunteer Full Committee Recommended New Term . Term terms appointment Expires Full/Pa served rtial Deb Brown 1 CVB Deb Brown Dec 2017 FULL Andy Neidert 1 CVB Andy Neidert Dec 2017 FULL Denise Kinard 2 CVB Michele Burrows Dec 2017 FULL Mark Schreiber 0 Historic Pres Mark Schreiber Dec 2017 FULL Dennis Mueller 0 Housing Dennis Mueller Nov 2018 FULL Jerry Raithel,Jr. 1 Plumbing Jerry Raithel, Jr. Dec 2017 FULL PUBLIC COMMENTS: None. OTHER BUSIENSS. Hilpert advised the proposals for general liability insurance have been received. The recommended company will be MPR. The proposals will be below the budgeted amount, reduce the city's self-insured retention (deductible), and increase our total coverage. Meeting adjourned at 8:16 a.m. BILL NO.[Bill No.] SPONSORED BY COUNCILMAN _______________________ ORDINANCE NO. WHEREAS THE CITY OF JEFFERSON WAS CHOSEN TO CREATE MISSOURI CLEAN ENERGY DISTRICT AS A PILOT PROGRAM, WHICH HAS SUCCESSFULLY SPUN OFF INTO ITS OWN ENTITY; AND WHEREAS THE CLEAN ENERGY DISTRICT IS NOT A CITY CONTROLLED BOARD FOR WHICH RECORDS ARE KEPT AND THEREFORE DOES NOT BELONG IN THE CITY CODE; AND AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,deleting references to the Clean Energy District BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.For purposes of deleting the language from the code but not for purposes of suggesting the program is terminated, Chapter 7 (Boards and Commissions)Article XVIII (Missouri Clean Energy District) is hereby deleted as follows: Sec 7-630.Purpose and enabling legislation. Established.By and through this Ordinance,the City of Jefferson City,Missouri (the “ City” ) declares as its public purpose the establishment of a Clean Energy Development Board to enable its citizens to participate in a Property Assessed Clean Energy Program so that property owners can access funding for energy saving improvements to their properties located in the City. Additionally,the City desires to provide for the expansion of the jurisdictional and geographic boundaries of the Clean Energy Development Board pursuant to Sec.7.632(C)below. Purpose.The City declares its purpose and the provisions of this Ordinance to be in conformity with federal and state laws. Enabling Legislation.The City enacts this Ordinance pursuant to state law.Specific enabling legislation is found in Chapter 67,Sections 2800 to 2835,and RSMo.–“ Property Assessment Clean Energy Act.” Sec.7-631.Title and definitions. Title.This Ordinance shall be known and may be cited as the “ Property Assessed Clean Energy (PACE)Ordinance.” Definitions.Except as specifically defined below,words and phrases used in this Ordinance shall have their customary meanings.As used in this Ordinance,the following words and phrases shall have the meanings indicated.’ Energy Efficiency Improvement means any acquisition,installation,or modification on or of publicly or privately owned property designed to reduce the energy consumption of such property, including,but not limited to: 1.Insulation in walls,roofs,attics,floors,foundations,and heating and cooling distribution systems; 2.Storm windows and doors,multi-glazed windows and doors,heat-absorbing or heat- reflective windows and doors,and other window and door improvements designed to reduce energy consumption; 3.Automatic energy control systems; 4.Heating,ventilating,or air conditioning distribution system modifications and replacements; 5.Caulking and weather-stripping; 6.Replacement or modification of lighting fixtures to increase energy efficiency of the lighting system without increasing the overall illumination of the building unless the increase in illumination is necessary to conform to applicable state or local building codes. 7.Energy recovery systems; and 8.Daylighting systems. Assessment Contract.“ Assessment Contract”means a contract entered into between a Clean Energy Development Board (as defined in the Pace Act),and a property owner under which the property owner agrees to pay an annual special assessment for a period of up to twenty years in consideration for funding of an energy efficiency improvement or a renewable energy improvement by such Clean Energy Development Board. PACE Assessment.“ PACE Assessment”means a special assessment made against qualifying property in consideration of PACE Funding. Missouri Clean Energy District.“ Missouri Clean Energy District”means the Clean Energy Development Board (as defined in the Pace Act),created under this Ordinance to administer the PACE Program. PACE District.“ PACE District”means the district in which the PACE Program may operate and which is defined geographically to include the entire City as determined by municipal boundary lines,and as may be expanded in accordance with Sec.7.632(C)below. PACE Funding.“ PACE Funding”means funds provided to the owner(s)of qualified property by a Clean Energy Development Board for an energy efficiency improvement. PACE Program.“ PACE Program”means a program established under Sections 67.2800 to 67.2835,inclusive,RSMo.(the “ PACE Act” )by a municipality or multiple municipalities under which property owners can obtain funding for energy efficiency improvements on qualifying property. Qualifying Property.“ Qualifying Property”means real property located in the City of Jefferson City or such other jurisdictional areas of the Clean Energy Development Board as may be approved pursuant to Sec.7.632(C)below. Renewable Energy Improvement.“ Renewable Energy Improvement”means any acquisition and installation of a fixture,product,system,device,or combination thereof on publicly or privately owned property that produces energy from renewable resources,including,but not limited to, photovoltaic systems,solar thermal systems,wind systems,biomass systems,or geothermal systems. Sec.7-632.PACE Program. Establishment;Funding.The City hereby establishes the Missouri Clean Energy District to initiate and administer the PACE Program allowing property owners in the City (and in other areas pursuant to Sec.7.632(C)below)who so choose to access funding for energy efficiency improvements to their property through PACE Funds disbursed and administered by the Missouri Clean Energy District The PACE Funds are available from the Clean Energy Development Board through financing sources and structures approved and authorized by the Missouri Clean Energy District.In connection with the PACE Funds,the Missouri Clean Energy District will enter into an Assessment Contract with the property owner.The Missouri Clean Energy District shall be entitled to,and shall avail itself of,recoupment of administrative or other costs incurred by the Missouri Clean Energy District in conjunction with its PACE Program to the fullest extent permissible by governing law. PACE District.The City hereby establishes a PACE District in which the PACE Program may operate and which is initially defined geographically as being the entire corporate boundaries of the City as they exist on the date of this ordinance and as they may be amended from time to time. Additions to the District.To promote and facilitate energy efficiency and renewable energy,the City and the Board shall make available to other “ Municipalities,”as defined in the PACE Act, memberships and participation in the Missouri Clean Energy District upon the adoption of an ordinance,in a form approved by the Board,electing to join the pace district and adopting the terms of this Article to the extent that such terms are applicable.Upon delivery of a duly authenticated ordinance to the Board or its designee,the jurisdictional and geographic boundaries of the PACE District,such municipality shall become a member of the district and the boundaries of the district shall thereafter include the corporate limits of such municipality. Sec.7-633.Missouri Clean Energy District. Board Created.The Missouri Clean Energy District,which shall consist at all times of at least five (5)members and which shall be a political subdivision of the state of Missouri.Members of the Board are not required to be residents of Jefferson City,Missouri.The Missouri Clean Energy District shall administer the PACE Program in accordance with this Ordinance and the PACE Act. The initial Missouri Clean Energy District shall be appointed by the Mayor,with the advice and consent of the Council,with each member being appointed for a term of three years and such terms shall be effective upon ratification by the City Council. Replacement of Members.Upon the death,resignation,or expiration of term of any member of the Missouri Clean Energy District,a replacement shall be selected by a selection committee created as provided in this paragraph.The selection committee shall consist of one person chosen by each political subdivision which has opted into this ordinance (as provided herein).Each participating entity will have one vote on the selection committee.The selection committee will be convened and the representatives chosen by the participating entities on an as needed basis,and each representative’ s term of service shall be determined by the appointing entity.The selection committee may be convened at any time upon the request of a majority of participating entities.A majority of representatives of the participating entities shall be considered to constitute a quorum. Sec.7-634.Program Administration. The Missouri Clean Energy District shall initiate and administer the functions of the PACE Program. The Missouri Clean Energy District: provide property owners with an application in order to apply for PACE Funds; develop standards for the approval of projects submitted by property owners; review applications and select qualified projects; enter into Assessment Contracts with property owners; provide a copy of each executed Assessment Contract to the County Assessor and County Collector and cause a copy of each such Assessment Contract to be recorded in the real estate records of the Recorder of Deeds; authorize and disburse the PACE Funds to the property owners; receive the PACE Assessments from the County Collector;and record any lien,if needed,due to nonpayment of a PACE Assessment. Sec.7-635.Adoption of Education and Outreach Program. In conjunction with adopting this Ordinance, the Missouri Clean Energy District may adopt and implement an education and outreach program so that citizens within the PACE District,as may be expanded,are made aware of energy saving opportunities,including the opportunity to fund energy efficiency improvements from PACE Funds. Sec.7-636.Liability of Municipal Officials;Liability of Municipality. Notwithstanding any other provision of law to the contrary,municipal officers and municipal officials,including,without limitation,tax assessors and tax collectors,are not personally liable to the Missouri Clean Energy District or to any other person for claims,of whatever kind or nature,under or related to a PACE Program,including,without limitation,claims for or related to uncollected PACE Assessments.The City has no liability to a property owner for or related to energy savings improvements funded under a PACE Program.The Pace District and the Board shall for all purposes be considered an independent entity and shall not be considered a subdivision of the City of Jefferson or of any future member of the district. (Ord.No.14760,§1,1-3-2011;Ord.No.15141,§2,7-15-2013) Sec.7-637 to 7-649 Reserved. Section 2.This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:Approved: Presiding Officer Mayor ATTEST:APPROVED AS TO FORM: City Clerk City Counselor BILL NO.[Bill No.] SPONSORED BY COUNCILMAN _______________________ ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,PERTAINING TO THE FORM FOR NOMINATION OF CANDIDATES. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.Chapter 12 (Elections) Section 8 (Nomination of Candidates)is amended as follows: Sec. 12-8. Nomination of candidates Nominations of candidates for election to elective city offices shall be made by declaration of candidacy filed with the city clerk on the form prescribed by the City Clerk and compliant with all requirements of the charter, city code and state law.and manner as follows: A.Any person desiring to be a candidate for city office shall file with the city clerk a statement of candidacy in substantially the following form: State of Missouri ) County of )ss. City of Jefferson ) I, ,being first duly sworn,say that I reside at ,in the City of Jefferson,County of ,State of Missouri,and that I am a qualified voter therein, and that I am a candidate for nomination for the office of at the election to be held on the day of ,20_ . If the individual is a candidate for Mayor,the following shall be added: I am at least thirty years of age,qualified voter of the City,and a resident thereof for two years next preceding this election.I am not in arrears for any unpaid City taxes or unpaid judgments against me,including any debt to the Municipal Court,or guilty of forfeiture or defalcation in office. If the individual is a candidate for City Council,the following shall be added: I am at least twenty-one years of age,a qualified voter of the City and a citizen of the United States.I have resided in the City of Jefferson for at least one year preceding this election.I have resided in the ward from which I am running for at least six months preceding this election.I am not in arrears for any unpaid city taxes,guilty of defalcation in office,or been removed from office of Councilman. If the individual is a candidate for Municipal Judge,the following shall be added: I am a licensed attorney qualified to practice law within Missouri.I am a resident of the City of Jefferson,Missouri.I am between the ages of twenty-four and seventy-five.I do not hold any other office within the City. If the individual is a candidate for City Prosecutor,the following shall be added: I am licensed to practice law in Missouri and am a resident of the City at the time of this election.I am not in arrears for any unpaid City taxes or guilty of forfeiture or defalcation in office. (Signed) Subscribed and sworn to before me this day of ,20 _. City Clerk Section 2.This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:Approved: Presiding Officer Mayor ATTEST:APPROVED AS TO FORM: City Clerk City Counselor BILL NO.[Bill No.] SPONSORED BY COUNCILMAN _______________________ ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI,TO INCLUDE RIDESHARING AS A VEHICLE FOR HIRE. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1.Chapter 34 (Transportation)Section 60 (Definitions) is amended as follows: Sec. 34-60. Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Ridesharing Service –A business utilizing drivers, driver owned vehicles, and a proprietary mobile phone app in which passengers connect with drivers, wherein an electronic transfer of funds is used to recover costs directly associated with the transportation of passengers and/or passengers and their property, provided through the use of location technology to quantify those direct costs. Vehicle for hire business -The service or business of transporting persons and/or persons and their property for consideration, including a taxicab business, car service,ridesharing service and other similar services but excluding limousines, courtesy cars,and motor buses. Section 2.This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed:Approved: Presiding Officer Mayor ATTEST:APPROVED AS TO FORM: City Clerk City Counselor BILL SUMMARY BILL NO: SPONSOR:Henry SUBJECT:Ridesharing . DATE INTRODUCED: Summary:This bill would categorize ridesharing services as “vehicles for hire” and regulating them as other vehicles for hire. Background Information:Ridesharing (also sometimes referred to as instant, dynamic, on demand ridesharing) is a relatively new transportation service. Ridesharing essentially works thusly: The person seeking a ride uses a smartphone app to request a ride from wherever they happen to be. The app uses GPS devices to find the location of the nearest contracted driver and arranges to pick up the person seeking a ride. Payment is made through the app.The company that owns the app takes a share of the payment and the driver gets a share of the payment. Examples of ridesharing companies are Uber,Lyft,Sidecar and Haxi. Numerous problems have arisen in regards to Ridesharing. The drivers are not employees of the company and are independent contractors and as such the companies take no responsibility for the drivers. Failure to have adequate insurance,driver’ s license, and training are often cited complaints. Several more serious problems such as kidnapping have occurred. Proponents would argue that ridesharing allows people to make money on their way to work or other places simply by sharing a ride. It is promoted as a way to lower fuel usage and transportation costs. Essentially it is way to encourage carpooling (for profit) and can serve people at times and places that public transportation or commercial taxis cannot. Checker cab,having been made aware of the increased use of ridesharing services, brought this issue to Staff. Uber operates now in Columbia. In researching the issue, staff has noted the above referenced problems and, given the possibility of expansion from Columbia into the Jefferson City market, felt this issue should be brought before the Council. If the Council adopts the change it would be to clearly identify ridesharing services as subject to our regulations (such as insurance and licensure of drivers). Fiscal Information:None Origin of Request:Checker Cab Department Responsible:Law Person Responsible: HILPERT, Drew W. Staff Recommendation:Approve