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HomeMy Public PortalAbout20130605 admin packet NOTICE OF MEETING & TENTATIVE AGENDA Council Committee on Administration Wednesday, June 5, 2013 – 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. Ordinance amending the requirements for sidewalk café permits (Hilpert) 5. Appointment Review (Strope) 6. Public Comments 7. New Business 8. Adjournment NOTES Individuals should contact the ADA Coordinator at (573) 634-6570 to request accommodations or alternative formats as required under the Americans with D isabilities Act. Please allow three business days to process the request. CITY COUNCIL ADMINISTRATION COMMITTEE MEETING MINUTES April 24, 2013 ATTENDEES- Council- Carrie Carroll, Jim Branch, Larry Henry, Ken Hussey, Rick Mihalevich; Staff- Bill Betts, Jeremy Cover, Drew Hilpert, Janice McMillan, Gail Strope, Dave Grellner, Alan Morrison, Jason Turner, Phil Stiles, Carla Trower; News Tribune- Madeleine Leroux; JC Area Board of Realtors- Mo McCullough. Meeting came to order at 8:02 a.m., the minutes were approved with a motion by Hussey and a second by Henry. VACANT HOME FEE: Presented by Drew Hilpert. Hilpert gave a history of the application, monthly fees, and the purpose of the ordinance. There were no recommended changes brought forth. The issue is considered to be over. BILL AMENDING THE REQUIREMENTS FOR SIDEWALK CAFÉ PERMITS: Presented by Drew Hilpert. Hilpert updated the committee members on the current requirement and the proposed requirements. Concerns began with cigarette butts being on the sidewalks. Property owners were not notified of this meeting, so it will be brought forth next month, so the property owners have a chance to be present. ORDINANCE TO EXTEND THE RESIDENCY REQUIRMENTS : Presented by Gail Strope. Strope explained the current requirements and history of what brought us here. Turner said public safety is used to having the requirement. Members discussed adding a radius of 15 miles (Ashland), paying director moving expenses if moving into the city limits, and a preference given to those who do or will live in the city limits. Members would like to get Roger Schwartze’s opinion regarding the Public Works Director position. Members discussed the requirement for inside the City for the following positions: Public Works, City Administrator, City Clerk, Fire Chief a nd Police Chief. A motion was made by Henry to send to the Council and a second by Mihalevich, passed unanimously. JCTV CONTRACT: Presented by Drew Hilpert. Hilpert answered questions from the March meeting. Members discussed the cost for the city to stream and how the franchise fee works. Members request performance metrics to be given to Lincoln. Henry will work with JCTV Committee on metrics. We will not bring back to administration committee until we are notified by Hilpert. CHANGE BUILDING SERVICE WORKER TO POLICE MAINTENANCE WORKER: Presented by Gail Strope. Strope explained that due to an employee retirement, the remaining Building Service Worker will have increased duties and is topped out of his range. By changing the current position title to Police Maintenance Worker and range, he will be paid for the increased duties. A motion was made by Hussey to send to the Council and a second by Mihalevich, passed unanimously. APPOINTMENT REVIEW: Presented by Gail Strope. The committee reviewed the recommendations by Mayor Eric Struemph. A motion was made by Henry to approve the following persons for recommendation to the full Council and second by Hussey, passed unanimously.  Historic Preservation Doug Record, partial  Transportation & Traffic Mark Kross, Roger Schwartze  USS Submarine Hal Dulle, Mickesta Creagh, Mike Ryno PUBLIC COMMENTS: Mo McCullough with the Jefferson City Board of Realtors introduced himself to the new Council members. NEW BUSINESS: None. A motion was made by Hussey to adjourn the meeting and seconded by Henry. Motion was approved. Meeting was adjourned at 9:07 a.m. Next meeting is set for the 1st Wednesday in June; June 5th at 8 a.m. in the Boone/Bancroft Room at City Hall. City of lefferson Department of Planning & Protective Services 320 E. McCarty St .• Room 120 Jefferson City, MO 65101 May 9, 2013 Re : Sidewalk Cafes Eric 1. Struemph. Mayor Janice McMillan,AICP, Director Phone: 573-634-6410 Fax : 573-634-6457 Notice of Administration Committee Meeting: June 5, 2013 Dear Sidewalk Cafe Permit Holders : This is to advise you that the Council's Administration Committee will meet on June 5, 2013 to consider changes to Section 32-320 pertaining to sidewalk cafes_ The latest revised draft is attached that indicates the changes now under consideration. As a permit holder, you are again invited to review the proposed changes and submit comments . You are invited to attend the meeting, scheduled for June 5, 2013 at 8:00 a.m. in the Large Conference Room (#200) of City Hall. If you are unable to Plese any of the following ways: Email JCplanning@jeffcitymo.org (specify Sidewalk Cafe in the subject line); Mail Janice McMillan, Room 120, 320 E. McCarty Street , Jefferson City, MO 65101 Sincerely, Attachment: Version 3 cc Da vi d Grellner Gail Strope Drew Hilpert Administration Committee packet Individuals should contact th e 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 re quest. Sidewalk Cafe Permits 5/9/2013 Mortimer Kegleys 115 East High Street Jefferson City, MO 65101 Owner: Jason Jordon Rachel's Downtown Diner 127 East High Street Jefferson City, MO 65101 Owner: Rachel Gibson Madison's Cafe 216 Madison Street Jefferson City, MO 65101 Owner: Rob Agee madcafe@socket.net Gumbo Bottoms 221 Madison Street Jefferson City, MO 65101 Owner: Rebecca Kehoe High Street Pub 209 East High Street Jefferson City, MO 65101 Owner: Tammy Parsons J Prenny's Sports Grill and Pub 217 East High Street Jefferson City, MO 65101 Owner: Dan Pfenenger Morgan's Grill 306 East High Street Jefferson City, MO 65101 Owner: Tammy Morgan O'Donoghue Steaks and Seafood 909 East High Street Jefferson City, MO 65101 Owner: Sam Donehue The Spot 222 East High Street Jefferson City, MO 65101 Owner: Melissa and Phil Kalaf kefick@hotmail.com Subway 114 East High Street Jefferson City, MO 65101 Owner: Wanda Hardin Capital City Cork and Provisions 124 East High Street Jefferson City, MO 65101 Owner: Jami Wade YoYums, LLC 122 East High Street Jefferson City, MO 65101 Owner: Kevin and Lisa Kemna Chez Monet 126 East High Street Jefferson City, MO 65101 Owner: Joan Fairfax Coffee Zone 130 East High Street Jefferson City, MO 65101 Owner: Taisir Yanis Cafe Via Roma 105 East High Street Jefferson City, MO 65101 Owner: Audrey Johanns Sawaddee 103 East High Street Jefferson City, MO 65101 Owner: Preecha Chaya Spectator's Sports Bar & Billiards 232 East High Street Jefferson City, MO 65101 Owner: Scott Drinkard spectators@mchsi.com Whaley's East End Drug 630 East High Street Jefferson City, MO 65101 Owner: Connie Hubble The Grand Cafe 107 East High Street Jefferson City, MO 65101 Owner: Benjamin Huhman Stratman, Anne From: Sent: To: Subject: Importance: To all whom it may concern: Rob Agee <madcafe@socket.net> Friday, May 10, 2013 2:41 PM Stratman, Anne Sidewalk licensee High Again, the language of ''The city of Jefferson shall be named as an additional insured." is a major problem. Rob Agee Madison's Cafe 573 634-2988 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.svmanteccloud.com 1 Stratman, Anne From: Sent: To: Cc: Subject: John D. Landwehr <Jlandwehr@cvdl.net> Wednesday, April 03, 2013 3:56 PM Rob Agee; Stratman, Anne Struemph, Eric RE: sidewalk cafe It would also involve the city in any claim -including those unrelated to the outside cafe. All claims checks will have the city as a payee along with the owner. Also, to be fair, the ordinance should allow law firms to extend their waiting areas to the curb. © From: Rob Agee [mallto:madcafe@socket.net] Sent: Wednesday, April 03, 2013 2:48PM To: JCplannlng@jeffcltymo.org Cc: Struemph, Eric; John D. Landwehr Subject: sidewalk cafe Importance: High ------------- In regards to the latest (Round 3) revision for the sidewalk cafe ordinance, everything is fine in there .............. until you have ''The Citv shall be named as an additional insured." Just providing the city proof of the insurance should be sufficient. Insurance companies will have a major problem writing any insurance policies having the city named as an additional insured. This provision is too broad and too encompassing and vague. Talk to Rick Prather with Fred Vogel insurance. Talk to anyone at Naught-Naught insurance. Talk to anyone at Wallstreet insurance. Talk to anyone at Winter Dent insurance. The area which we are talking about (namely the sidewalks) is covered under any insurance policy written for business, but the actual property is not owned by the insured, it is technically owned by the City and the property owner has an assumed easement, because it is a City sidewalk. Let's assume someone slips and falls on my area of sidewalk due to snow or ice, since that is my responsibility, my insurance would be the primary and would kick in. Lefs assume someone slips off the curb, due to the fact that the curb is in disrepair, or stumbles on a pothole and falls ................ that is the City and the City would be the primary for liability. I am no lawyer, but I think you should have some good lawyers, and some good insurance agents opinions on this wording. Sincerely, Rob Agee Madison's Cafe 573 634-2988 1 Stratman, Anne From: Sent To: Cc: Subject: Importance: Rob Agee < madcafe@socket.net> Wednesday, April 03, 2013 2:48 PM Stratman, Anne Struemph, Eric; John Landwehr sidewalk cafe High have In regards to the latest (Round 3) revision for the sidewalk cafe ordinance, everything is fine in there .............. until you "The City shall be named as an additional insured." Just Providing the city proof of the insurance should be sufficient. Insurance companies will have a major problem writing any insurance policies having the city named as an additional insured. This provision is too broad and too encompassing and vague. Talk to Rick Prather with Fred Vogel insurance. Talk to anyone at Naught-Naught insurance. Talk to anyone at Wallstreet insurance. Talk to anyone at Winter Dent insurance. The area which we are talking about (namely the sidewalks) is covered under any insurance policy written for business, but the actual property is not owned by the insured, it is technically owned by the City and the property owner has an assumed easement, because it is a City sidewalk. Let's assume someone slips and falls on my area of sidewalk due to snow or ice, since that is my responsibility, my insurance would be the primary and would kick in. Let's assume someone slips off the curb, due to the fact that the curb is in disrepair, or stumbles on a pothole and falls ................ that is the City and the City would be the primary for liability. I am no lawyer, but I think you should have some good lawyers, and some good insurance agents opinions on this wording. Sincerely, Rob Agee Madison's Cafe 573 634-2988 lbis email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 1 McMillan, Janice From: Sent: To: Rob Agee <madcafe@socket.net> Tuesday, March 19, 2013 6:11 PM McMillan, Janice Subject: Re: SIDEWALK CAFES Dear Janice: Thanks for the reply. We have our own trash receptacles which we use, but we could use one from the city if required, but it would just be in the way. The annual fees do not seem unreasonable, and I thank you for your time and sharing my responses with the various peoples involved. Sincerely, Rob Agee Madison's Cafe -.. -. Original Message -- .From:·McMillan; Janice: To: madcafe@socket.net Sent: Tuesday, March 19, 2013 4:06PM Subject: RE: SIDEWALK CAFES Hi Rob, The table and chairs being removed nightly used to be more of an issue when people were putting out plastic chairs and tables. They would either blow down the sidewalk or street. Permit holders were discouraged on using these types and were told to get the black or green iron tables and chairs to prevent this from happening and to blend in with the downtown landscape. Our city counselor suggested the permission to leave the items outside all the time would simply be a part of the license application and permit. As for the fee, the fee would be set based on what the City's actual expense is issuing the permit. If the City does nothing more than pass paperwork around the fee is likely to be very low ($25-$50). If the ordinance ends up including trash receptacles or requiring inspections then it would be higher. Thanks for your comments. Your comments and my response will be provided to the Administration Committee. J~McM~AICP Director, Department of Planning & Protective Services City of Jefferson, Missouri 65101 320 E. McCartySt. Jefferson City, MO 65101 Email jmcmillan@jeffcitymo.org Direct 573.634.6424 1 Main 573.634.6410 From: Rob Agee [mailto:madcafe@socket.net] Sent: Monday, March 18, 2013 10:41 AM To: Stratman, Anne Subject: SIDEWALK CAFES Importance: High Jefferson City Planning: In regards to "Sidewalk cafes (Round 2). Under section F. "The permltee shall remove all chairs and tables at the end of each day. as well as all other appurtenances, unless permission Is otherwise granted In license." At Madison's we would need to have this particular clause not apply, as once our tables are out, we do not move them back in every night. Any appurtenances, we do move back inside. How does a permitee obtain "permission?" Under section Y. What is the annual fee? Set by the City Administrator. Why is there a fee, can the fee vary, and can the fee be revised at the whim of the City Administrator? Thank you for your considerations. Sincerely, Rob Agee Madison's CAfe This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 2 Stratman, Anne From: McMillan, Janice Sent To: Tuesday, March 19, 2013 4:06 PM madcafe@socket.net Subject RE: SIDEWALK CAFES Hi Rob, The table and chairs being removed nightly used to be more of an issue when people were putting out plastic chairs and tables. They would either blow down the sidewalk or street. Permit holders were discouraged on using these types and were told to get the black or green iron tables and chairs to prevent this from happening and to blend in with the downtown landscape. Our city counselor suggested the permission to leave the items outside all the time would simply be a part. of the license application and permit. As for the fee, the fee would be set based on what the Citys actual expense is issuing the permit. If the City does nothing more than pass paperwork around the fee is likely to be very low ($25-$50). If the ordinance ends up including trash receptacles or requiring inspections then it would be higher. Thanks for your comments. Your comments and my response will be provided to the Administration Committee. J~McM~AICP Director, Department of Planning & Protective Services City of Jefferson, Missouri 65101 320 E. McCarty St. Jefferson City, MO 65101 Email jmcmillan@jeffcitvmo.org Direct 573.634.6424 Main 573.634.6410 From: Rob Agee [mailto:rnadcafe@socket.net] Sent: Monday, March 18, 2013 10:41 AM To: Strabnan, Anne Subject: SIDEWALK CAFES Importance: High Jefferson City Planning: In regards to "Sidewalk cafes (Round 2). Under section F. "The permitee shall remove all chairs and tables at the end of each dav. as well as all other appurtenances. unless permission is otherwise granted in license." At Madison's we would need to have this particular clause not apply, as once our tables are out, we do not move them back in every night Any appurtenances, we do move back inside. How does a permitee obtain "permission?" 1 Under section Y. What is the annual fee? Set by the City Administrator. Why is there a fee, can the fee vary, and can the fee be revised at the whim of the City Administrator? Thank you for your considerations. Sincerely, Rob Agee Madison's CAfe This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 2 Stratman, Anne From: Sent: To: Subject: Importance: Jefferson City Planning: Rob Agee < madcafe@socket.net> Monday, March 18, 2013 10:41 AM Stratman, Anne SIDEWALK CAFES High In regards to "Sidewalk cafes (Round 2). Under section F. "The permltee shall remove all chairs and tables at the end of each day, as well as all other appurtenances. unless permission Is otherwise granted In license." At Madison's we would need to have this particular clause not apply, as once our tables are out, we do not move them back in every night Any appurtenances, we do move back inside. How does a permitee obtain "permission?" Under section Y. What is the annual fee? Set by the City Administrator. Why is there a fee, can the fee vary, and can the fee be revised at the whim of the City Administrator? Thank you for your considerations. Sincerely, Rob Agee Madison's CAfe This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 1 Stratman, Anne From: Sent To: Subject: Importance: To all it may concern: Rob Agee <madcafe@socket.net> Wednesday, February 06, 2013 8:58 PM Stratman, Anne side walk cafe High I was there when the city originally wrote the sidewalk permit ordinance, as it took me over 10 years to get one done. have no problem with anything in Article C which is underlined, which I believe was in the original ordinance, excepting the "trash receptacle" part, which is new. In regards to Article D, that was never specifically addressed, although I would suggest that no matter what happens badly on the sidewalk areas both the city and the owner of the property will be a part of any lawsuit. I would suggest each property owner carry 1 million dollars of liability on their property insurance (multi peril). Still won't protect the city. though. In regards to section L., that was in the original bill, along with the fact that all chairs, and tables were to be removed from the sidewalks during that period. I am in compliance with that previous ordinance. Other permitees along High street are not. In regards to the fee, originally there was a fee of $25.00 for the sidewalk permit. This has obviously went by the wayside or been overlook. I would oppose any extra in fees for the sidewalk permits, as this is just another way to generate money for the city. Restaurants and bars currently serving food already pay a premium for the various licensees, due to the health inspection changes of two-three years ago. Thanks to Mr. Rasmussen and the council. The original ordinance was based on Springfield Missouri's outside dining ordinance. Ask, John Landwehr, or Tom Rackers, our two ex mayors who were around when this originally was passed, their memory may be better than mine. Sincerely, Rob Agee President, Madison's Cafe, Inc 216 Madison Jefferson City, Mo. 65101 634-2988 This email has been scanned by the Symantec Email Security.cloud service. For more information please visit http://www.symanteccloud.com 1 Stratman, Anne From: Sent: To: Subject: Phil Kalaf <kefick@hotmail.com> Wednesday, February 06, 2013 3:12 PM Stratman, Anne Sidewalk cafe My name Is Phil Kalaf and I own ''THE SPOT'' in downtown J.C. I am a current cafe permit holder and I am in receipt of your notification of possible changes to this permit. I am under the understanding that if you are not classified as a restaurant, a outside cafe permit will not be issued? Please advise thank you This email has been scanned by the Symantec Email5ecurity.cloud service. For more information please visit http://www.symanteccloud.com 1 BILL NO. [Bill No.] SPONSORED BY COUNCILMAN _______________________ ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE REQUIREMENTS FOR SIDEWALK CAFÉ PERMITS. BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 32 (Streets and Sidewalks) Section 230 (Sidewalk Café permit) is amended as follows: ARTICLE IX. SIDEWALK CAFES. Sec. 32-230. Sidewalk café permits. The Department of Planning and Protective Services may issue a permit to use a City sidewalk, pursuant to this section of the Code of the City of Jefferson, for a sidewalk café, subject to the following conditions: A. The permittee shall at all times comply with ordinances of the City of Jefferson, Missouri and laws of the State of Missouri, as well as applicable rules and regulations pertaining to the handling of food and the operation of a restaurant. B. A permit shall be granted to permittee only in conjunction with an existing restaurant in an area adjacent to such restaurant. A permit may be granted upon a determination that the operation of the sidewalk café does not prevent the reasonable use of the City sidewalks by the public and that it does not interfere with businesses in the area. The permittee shall limit the use of the sidewalk to those activities that have been approved. C. The permittee shall submit with the application a plan showing disposal procedures for litter, which include procedures for keeping the area clean, and which shall include sweeping the sidewalk every day the area is utilized by customers. The permittee shall make adequate provision for the disposal of litter and shall maintain the premises used for said sidewalk café free of litter. Litter generated by the sidewalk café operation shall be the responsibility of the permittee, and the permittee shall make reasonable provision to see that such litter does not become a nuisance and is properly picked up from the public ways in and around the sidewalk café. The City may require a bond or cash to guarantee that the area will be cleaned up. The permittee shall have a trash receptacle provided by the business for use by the customers eating outside. In the event the permittee does not clean up the area, the City reserves its right to do the cleaning itself and to charge the permittee for the cost of the cleanup. This charge shall be a private debt against the permittee, and failure to pay shall constitute cause to revoke or not renew the permit. The City may also revoke the permit for failure to properly maintain and sweep the area iden tified on the permit including public trash cans. D. The permittee shall at all times maintain insurance in an amount not less than five hundred thousand dollars ($500,000) to protect the City from any liability which might arise from the activities in the area, in an amount and form to be determined by the law department of the City of Jefferson, Missouri . The City shall be named as an additional insured. Permittee shall submit copies of said insurance to the finance department for approval prior to licensee commencing the operation of the sidewalk café. E. Before any work is performed on the sidewalk or other City property, the applicant shall submit a written plan describing the work. No work shall be performed on City property until the Director of Planning and Protective Services has authorized the same and a permit is issued by the City to do the work. In no event shall the work exceed that which is described in the permit as approved by the City. F. The permittee shall remove all chairs and tables at the end of each working day, as well as all other appurtenances, unless permission is otherwise granted in the license. G. The permittee shall at all times maintain a four (4) foot throughway on the sidewalk for pedestrian access. H. The permittee shall agree to indemnify and hold harmless the City of Jefferson, Missouri with respect to any claims that might be made, arising out of the operation of the sidewalk café. The permittee shall accept the permit, subject to his own determination, concerning the authority of the City of Jefferson, Missouri to grant said permit, and all risk with respect to whether or not the City has said authority is upon permittee. The City makes no affirmative representations concerning its authority to grant said permit. I. In the event the permittee violates any of the conditions of this Article or conditions which are a part of the permit, the Director of Planning and Protective Services shall have the authority to suspend or revoke said permit or the license to operate a restaurant, pursuant to procedures set forth in this Article. Permittee shall thereafter terminate the use of that area described in the permit unless the City gives permittee an opportunity to correct said violation. This permit may be terminated by either party upon fifteen (15) days notice. Any person who violates this section or the conditions of the permit shall also be subject to the penalties set forth in section 1 -13 of the Code of the City of Jefferson. J. Permittee agrees to comply with all laws of the State of Missouri and ordinances of the City of Jefferson in the operation of the sidewalk café. K. The City shall cause a permit to be prepared, in accordance with the conditions set forth herein and conditions established by the Director of Planning and Protective Services, which permit and conditions shall be accepted by the permittee. L. The permit shall be issued annually. M. The fee for the such permit shall be set by the City Administrator in appendix Y. (Ord. No. 13301, 11-5-2001) Section 2. Appendix Y is amended as follows: Sec. 32-230. Sidewalk café permits - $25.00 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