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HomeMy Public PortalAbout2017-08-02 packet to IF F �d r W hill U,�I a E. h r�'f.wl -.....,,i..-- NOTICE OF MEETING & TENTATIVE AGENDA Council Committee on Administration Wednesday, August 2, 2017 — 7:30 a.m. Boone/Bancroft Room (City Hall) — 320 E McCarty St Tentative Agenda 1. Call to Order 2. Roll Call 3. Approval of June 7, 2017 Minutes 4. Food Truck Discussion (Wiseman) 5. Temporary Lodging, Airbnb (Moehlman) 6. Retitle Positions within the Wastewater Division (Seaman) 7. Firefighter Testing (Schofield) 8. Appointment Review (Strope) 9. Next meeting scheduled for September 6, 2017 10.Adjournment NOTES 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. Minutes of Meeting Jefferson City Council Committee on Administration Wednesday June 7, 2017 City Hall - 320 E. McCarty Street Large Conference Room ATTENDEES: Committee members present: Erin Wiseman, Laura Ward, Mark Schreiber, David Kemna; and Ron Fitzwater. Staff present: Steve Crowell, Ryan Moehlman, Sonny Sanders, Eric Barron; Britt Smith; and Matt Schofield. Others Present: Carrie Tergin, News Tribune: Jeff Haldiman and Nichole Roberts; and City Interns. Meeting came to order at 7:30 a.m.; the minutes were approved with a motion by Councilmember David Kemna and seconded by Councilmember Laura Ward. The motion passed 5-0. The consensus of the Committee Members was to move the item related to "Food Trucks" to the end of the agenda. No Parking Fines on Eclipse Day: Ryan Moehlman reviewed the proposed resolution limiting the enforcement of parking regulations on August 21, 2017. Mr. Moehlman indicated the proposed process was fairly consistent with the process which was previously approved for the Governor's Inauguration. A motion was made by Councilmember Ron Fitzwater and seconded by Councilmember Ward to recommend to the entire Council limitations on parking enforcement on August 21, 2017 as referenced in the proposed resolution provided in the Committee packet. The motion was passed 5-0. Reorganization of Planning Division within the Department of Planning and Protective Services: City Administrator Steve Crowell indicated he was supportive of the staff reclassification proposal submitted by Director of Planning and Protective Services Sonny Sanders. The process requires Council approval of the requested reclassification. Director of Planning and Protective Services Sonny Sanders explained the Planner III position currently overseeing the Planning Division responsibilities would be reclassified to a Planning Manager and be given oversight of both the Planning Division and the Metropolitan Planning Organization (MPO) staff and functions. Additionally, the Planner III position which historically has had oversight of the MPO functions and staff, would be reclassified to a Planner I or II position. Director Sonny Sanders provided a handout further explaining the reclassification proposal. Councilmember Fitzwater asked if the reclassification proposal would result in any budgetary savings. Director Sonny Sanders indicated that there may be some minor budgetary savings, but the overall goal of the reclassification was for improved assignment/operational flexibility and management. A motion was made by Councilmember Mark Schreiber and seconded by Councilmember Ward to recommend to the entire Council authorizing a change in the City's personnel schedule to authorize one position with the title of Planning Manager (grade 20) and an additional Planner I or II (grade 16/17) position and deleting the positions of Planner III (grade 19, two positions). The motion was passed 5-0. Appointment Review: City Administrator Steve Crowell referenced the Mayor's recommended appointments to various boards or commissions as was provided in the Committee packet. A motion was made by Councilmember Laura Ward and seconded by Councilmember Mark Schreiber to approve the following appointments. The motion passed 5-0. Volunteer Full Terms : Boards or Commission Recommended New Term Term Eh d Appointment Expires Full/Partial Kevin Kelly 0 Historic Preservation Commission Steven Hoffman Dec 2017 PARTIAL Nancy Thompson 1 Cemetery Resources Board Nancy Thompson Jun 2020 FULL Tim Theroff 0 Cemetery Resources Board Tim Theroff Jun 2020 FULL Beth Bock 0 Cemetery Resources Board Beth Bock Jun 2020 FULL Pat Row Kerr 0 Cemetery Resources Board Pat Rowe Kerr Jun 2020 FULL Rebecca Gordon _ 0 Cemetery Resources Board Rebecca Gordon Jun 2020 FULL Ryan Towner 1 Trans&Traffic Commission Ryan Towner Jun 2020 FULL Tim Diemler 1 Trans&Traffic Commission Tim Diemler Jun 2020 FULL Michael Hughes 3 Trans&Traffic Commission Stephen Brooks Jun 2020 FULL Ivan Turner 2 USS Jefferson City Submarine Committee Ivan Turner Jun 2020 FULL Penney Rector 1 Housing Authority Board Bob Weber Nov 2017 PARTIAL Food Truck Discussion: Councilmember Erin Wiseman gave a brief overview of the discussion topic regarding requirements related to food trucks in the City. One question asked was what are the code provisions for food trucks as compared to food carts. Councilmember Erin Wiseman asked whether the Committee felt there was a need to review the regulations related to food trucks and carts, specifically the regulations regarding permissible locations at which food truck/carts can operate. There was a consensus of the Committee to review the operating regulations regarding food truck/carts. The Committee requested staff to provide a summary of the required regulations for food trucks and food carts, including whether those requirements are different for festivals. City Administrator Steve Crowell stated that staff would do so. There being no further business, Councilmember Mark Schreiber made the motion to adjourn which was seconded by Councilmember Laura Ward. The motion passed 5-0 ending the meeting at 7:50 a.m. Next meeting is scheduled for July 5, 2017 at 7:30 a.m. in the Boone/Bancroft room at City Hall. a IF 1 ff d 4.**. �' o` •vi\ W w " 11 r `411 DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES MEMORANDUM TO: Administration Committee THROUGH: Sonny Sanders, Director of Planning and Protective Services FROM: David Grellner, Environmental Health Manager DATE June 20, 2017 RE: Staff Report on Mobile Food Units In recent years mobile food units have become a popular venue to serve food products to consumers in the United States. Jefferson City has become a destination for these popular food outlets and the City of Jefferson Environmental Health Division receives numerous inquiries every year about what regulations govern mobile food unit operations. The City of Jefferson Food Code currently has regulation governing mobile food units and their operation in the community. These regulations have been developed over the years to allow these units to operate in Jefferson City to benefit the community from their presence. Ordinance 14174 (passed March 19, 2007) addressed mobile food units in Jefferson City by establishing regulations that address the definition of what a mobile food unit is, where it can operate, and how it must meet food code regulations. This ordinance was created in response to several situations where mobile food units were operating in Jefferson City that created safety concerns, use of right of ways, and complaints from competing food service operators. This ordinance also included definitions and regulations for push carts and special event units in Jefferson City. In September of 2007, Ordinance 14244 was passed to address the restriction of the parking lot size that a mobile food unit could operate on. The current ordinance stated that a mobile unit had to be on established approved parking lot of at least 100,000 square feet. Mobile food unit operators were having difficulty in finding locations, so the parking lot size was reduced to 50,000 square feet. Mobile food unit operators approached the City again in 2012 to remove the parking lot size restriction so they could operate in small parking lot areas such as in downtown Jefferson City. Ordinance 14937,passed March 19,2012, removed the parking lot size restriction,thus allowing mobile food unit to operate on any private parking lot with permission of the owner and restrictions that the mobile units does not hinder the business from its own parking requirements. Other stipulations were placed in the ordinance to address newly established festival districts and parade permits areas and how mobile food units related to these events as far as location. Currently the City has eight licensed mobile food type operation in Jefferson City (including push cart vendors). Current processes to license these vendors require the mobile food unit to comply with sanitation requirements of the unit, (water supply tanks,waste tanks,sanitary surface requirements), obtain a commissary agreement with a license permitted food service, (to store food product, obtain fresh water, and dispose of waste water),follow location guidelines and obtain proper licenses such as a business license and a health permit. Each mobile food unit operator is inspected by City of Jefferson staff to make sure they meet these requirements initially and throughout the permitted year. Attached are the ordinances which address the progression of mobile food unit requirements in Jefferson City. SUBSTITUTE 4 PASSED AS AMENDED • BILL NO. 2006-135 SPONSORED BY COUNCILMAN �' BFB,RY ORDINANCE NO. 1)-11 C AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FOOD CODE OF JEFFERSON CITY, MISSOURI TO CREATE A PERMIT AND REGULATIONS FOR PUSHCARTS AND BY ADDING A SECTION PERTAINING TO TEMPORARY FOOD ESTABLISHMENTS BE IT ENACTED BY THE COUNCIL OF THE City OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 1(Purpose and Definitions) of the City of Jefferson Food Code is hereby amended by adding two sections to Chapter 1 to read as follows • CHAPTER 1 PURPOSE AND DEFINITION 0 Part 1-2 Definitions 1-201.101B11_7S.1) "Pushcart"a non self propelled wheeled cart,specifically designed and used for keeping.storing or warming food or beverages for sale by a vendor,which may be moved by one person without the assistance of a motor. 1-241.10(B)(SS.l)"Mobile Food Unit"a self contained mobile food vending_establishment specifically used for preparing,keeping.storing or warming food or beverages for sale by a vendor which - is designed for and capable of movement utilizing_a motor or motorized vehicle for movement. 1-201.10(81(97.1)"Special Event Food Unit"a food establishment,operated in conjunction with a single event or celebration after which time it returns to its permitted servicing area for a minimum of iiiairhours 1-201.10(B)(101)"Temporary food establishment"means a FOOD ESTABLISHMENT that operates for a period of no more than 14 consecutive days in conjunction with a single event or celebration. Temporary food establishments include Pushcarts.Special Event Food Units and Mobile Food Units. Section 2. Chapter 6 (Physical Facilities) of the City of Jefferson Food Code is hereby amended by adding two sections to Chapter 6 to read as follows: Drafter's Note:Deleted text is shown thus. Inserted text is shown thus. 0 Inserted Tezt'o»Substitute 2 ,_ x..,;�i DA 4: wT;,,;,t en$�.lisl�twt�,2 Inserted Text on Substitute 3 C:1Program Files\WordPerfect Office I21MyfileslCouncillOrdinances12005-135subst4 FINAL.wpd SUBSTITUTE 4 PASSED AS AMENDED CHAPTER 6 PHYSICAL FACILITIES Part 6-6 Pushcart Guidelines a. Pushcarts shall be limited to serving only food prepared at the permitted service area and maintained at proper temperatures. • b. Pushcarts shall be limited to 418hours of operation per calendar.day and must be returned to the Permitted servicing area ` v . This limitation shall not apply ifpart of a parade permit. c. Pushcarts must be on a sidewalk that is at least 8 feet wide and pushcart can not obstruct freepassage of pedestrians or vehicles;the net passable sidewalk shall not be reduced to less than 4 feet 6 inches in width:can not obstruct an entrance or exit and can not jeopardize public safety:nothing used or stored in conjunction with the pushcart operation shall be placed in the street. d. Pushcarts must be a least 108120 feet from any other pushcart vendor or business that also sells consumable food. This limitation shall not apply if part of a parade permit. e.Only food and/or beverages are allowed to be sold on City property. f.Pushcarts are not allowed in City parks—school yards,cemeteries or residential neighborhoods. This limitation shall not apply if part of a parade permit. 1,There are no designated areas for any one pushcart vendor—first vendor to a location has the right 110 to conduct business at that location subject to the time limitations set out in the Food Code. h. Waste receptacles must be provided and may be stored off-cart and shall be in contact with the pushcart at all times of operation and immediate area must be kept free of litter. i. Dimensions of the Pushcart shall be: Length Minimum 48"Maximum 72" Width Minimum 32"Maximum 40. A box width only.the axle system may protrude an addition 6.5" on each side, Height(from ground level)Minimum 36"Maximum 72" Pushcarts licensedprior to 9/1/99 can continue operation if noncompliant with the size limitations but cannot alter. enlarge or replace the unit except in compliance with these limitations. The City Administrator is authorized to make reasonable rules and regulations governing modification of the design.construction and location of the Pushcarts in his or her sole discretion. i. No person shall engage in vending betwegith�oursof:300 a:�in:ao"d 6 06a�m,riI:AP.-5 This restriction shall not apply if part of a parade permit k, Vendors must adhere to all public health and safety regulations imposed by State law and the Code of the City of Jefferson. 1. It is the applicant's responsibility to be familiar with all ordinances relative to the operation of a Pushcart, m. Pushcart vendors are allowed 10 minutes to offload their cart and equipment at the start of the Drafter's Note:Deleted text is shown thus. Inserted text is shown thus. ;lnsertccl:ti7'ext on;Substitute:2 .,_,�,� , ` Inserted Text on Substitute 3 SUBSTITUTE 4 PASSED AS AMENDED 410 . vending day and 10 minutes to load at the termination of the vending day.provided that they do not block the flow of traffic. n Failure to adhere to the regulations for Pushcarts units is cause for revocation or suspension of the vendors license. o.Pushcart vendors must obtain a business license and permit to sell food and comply with terms and conditions of the license and permit_ Pprt 6-7 Mobile Food Unit Guidelines a. Mobile Food Units must comply with all regulations set forth in the Jefferson City Food Code per 8- 104.10. b. Mobile Food Units and all sundry equipment or items used by the Mobile Food Unit must return_to the permitted servicing area for a minimum of 4824+hours at least once every 14 days. c.Mobile Food Unit vendors must obtain a business license and permit to sell food and comply with terms and conditions of the license and permit. d.A Mobile Food Unit shall not be issued a permit to sell food from the location it has designated as its ServicinArea unless the Sery g icing Area itself isa licensed and permitted food service. e.A Mobile Food Unit shall not be issued a permit for an area zoned residential unless part of a parade permit. f.A Mobile Food Unit shall not be issued a permit unless the site location identified on its application for a permit is on an established approved parking lot of at least 100.000 square feet or the site location is part of a parade permit. g. A Mobile Food Unit may not operate on the public right of way unless part of a parade•permit. h. A Mobile Food Unit shall be subject to inspection semiannually. A-Mobile.Food'Unit shall not be issued-a nermit:unless the parklne�lot.identified'IttSubseclion 6• -7(f) ;off these gnidelihes`is Elie p rliii t of epi stln :ac liverand permitted buss ess and there�a a no other Mobile Food-Units already pernntted to operate u on=saidoarkin" lot:: • Part 6-8 Special Event Food Unit Guidelines a. Special Event Food Units must comply with all regulations set forth in the Jefferson City Food Code per 8-104.10. b. Special Event Food Units and all sundry equipment or items used by the unit must return_to the permitted servicing area for a minimum of iii.4 hours between a issued permits. c.Special Event Food Units must comply with fee structure set forth by Chapter. d.Special Event vendors must obtain a temporary business license and temporary permit and comply with all terms and conditions of the license and permit. e.A Special Event Food Unit shall not be issued a permit tp sell food from the location it has designated as its Servicing Area unless the Servicing Area itself is a licensed and permitted food service. Drafter's Note:Deleted text is shown thus. Inserted text is shown thus. Tp.rted Eon SS bu shtu 'lnserted:,Text•on Substitute 3 C:1Program Files\WordPerfect Office 121Myfiles\Council\Ordinances12006-135subst4 FINAL.wpd SUBSTITUTE 4 . PASSED AS AMENDED 0 f.A Special Event Food Unit shall not be issued a permit for an area zoned residential.This limitation shall not apply if Dart of a parade permit., . A S.eclat Event Food Unit must obtain a new ins t ection i r eac new 'ermit ' 11 f 1 I 1 i. ,It h. A Special Event Food Unit may not operate on the public right of way unless part of a parade permit. Section 3. Chapter 8 (Permits) of the City of Jefferson Food Code is hereby amended by adding one Section to Chapter 8 to read as follows: • CHAPTER 8 PERMIT TO OPERATE Part 8-306 Temporary Food Establishments 8-306.1 No one may operate a Temporary Food Establishments without a proper license and permit . as set forth in the Food Code, 8-306.2 All Temporary Food Establishments must follow guidelines set forth by the Jefferson City 1111 Environmental Health Services Division and the Code of the City of Jefferson_ 8-306.3 A Temporary Food Establishment shall not be issued a permit for an area zoned residential unless part of a parade permit. Section 3. This Ordinance shall be in full force and effect from and after the date of its passage and appLroval. Passed: a / , aVD7 Apprcv2iPtake4 elf 7v7 Of " - 0 /Presiding Officer if . ►A•yor A ST: AP/ -0 ED A TO FORM: li . ''' / / / ."*.e, Li City Clerk ' • City Counselor Drafter's Note:Deleted text is shown thus. Inserted text is shown thus. 410 nserted Text on:Substitute2 �elel+ed:Tid e►i,,Sesbshleete3 Inserted Text onSubstitute 3 • BILL NO. 2007-62 • SPONSORED BY COUNCILMAN, Pe old ORDINANCE NO. )1/3-4 4- AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FOOD CODE OF JEFFERSON CITY, MISSOURI TO REDUCE THE SIZE OF A PARKING LOT NECESSARY TO OPERATE A MOBILE FOOD UNIT. BE IT ENACTED BY THE COUNCIL OF THE City OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 6 (Physical Facilities) Section 7(Mobile Food Unit Guidelines) of the City of Jefferson Food Code is hereby amended as follows Part 6-7 Mobile Food Unit Guidelines a. Mobile Food Units must comply with all regulations set forth in the Jefferson City Food Code per 8-104.10. b. Mobile Food Units and all sundry equipment or items used by the Mobile Food Unit must return to the permitted servicing area for a minimum of 24 hours at least once every 14 days. c.Mobile Food Unit vendors must obtain a business license and permit to sell food and comply with terms and conditions of the license and permit. d. A Mobile Food Unit shall not be issued a permit to sell food from the location it has designated as its • Servicing Area unless the Servicing Area itself is a'licensed and permitted food service. e.A Mobile Food Unit shall not be issued a permit for an area zoned residential unless part of a parade permit. 1.A Mobile Food Unit shall not be issued a permit unless the site location identified on its application for a permit is on an established approved parking lot of at least 199;000 50.000 contiguous square feet or the site location is part of a parade permit. The Mobile Food Unit must have the permission of all owners of the contiguous narking lot. g. A Mobile Food Unit may not operate on the public right of way unless part of a parade permit. h. A Mobile Food Unit shall be subject to inspection semiannually. i. A Mobile Food Unit shall not be issued a permit unless the parking lot identified in Subsection 6-7(f)of these guidelines is the parking lot of an existing,active and permitted business and there are no other Mobile Food Units already permitted to operate upon said parking lot. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: ..r/ Approved: 7olZr 7 AP/ P esiding Officer Mayor A AP',ofOV: ' AS TO FORM: .��/ ,JJjJ/ Cu—Cler 1 Ci ' ounselor BILL NO. 2011-157 SPONSORED BY COUNCILMAN Scrivner ORDINANCE NO. /4-4317 7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE FOOD CODE OF JEFFERSON CITY, MISSOURI PERTAINING TO MOBILE FOOD UNITS. BE IT ENACTED BY THE COUNCIL OF THE City OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Chapter 6 (Physical Facilities) of the City of Jefferson Food Code Section 7 (Mobile Food Unit Guidelines) is hereby amended as follows: Part 6-7 Mobile Food Unit Guidelines a. Mobile Food Units must comply with all regulations set forth in the Jefferson City Food Code per 8- 104.10. b. Mobile Food Units and all sundry equipment or items used by the Mobile Food Unit must return to the permitted servicing area for a minimum of 24 hours at least once every 14 days. c. Mobile Food Unit vendors must obtain a business license and permit to sell food and comply with terms and conditions of the license and permit. d. A Mobile Food Unit shall not be issued a permit to sell food from the location it has designated as its Servicing Area unless the Servicing Area itself is a licensed and permitted food service. e. A Mobile Food Unit shall not be issued a permit for an area zoned residential unless part of a parade permit. f. A Mobile Food Unit shall not be issued a permit unless the site location identified on its application for a permit is on an established approved parking lot of at least 50,0 t eFthe site to ation de-pe and: i. the location of the mobile food unit will not block ingress or egress to the parking lot,and will not block any fire hydrant from use by emergency services,and will not hinder sight of vehicles entering or exiting the parking lot;and ii. tables and chairs shall not be placed on the parking lot for customers of mobile food unit; and iii. the mobile food units use of the parking lot shall not utilize such a number of parking spaces so that a business relying upon that parking lot for the parking requirements found in the zoning code shall fail to have the required number of parking spaces for their business;and iv. shall not be within 1000 feet of an active parade permit or festival district without the permission of the permit holder. g. A Mobile Food Unit may not operate on the pub4ies&right ofway or city owned parking lot unless part of a parade permit. h. A Mobile Food Unit shall be subject to inspection semiannually. i. A mobile food unit shall not be issued permit unless the parking lot identified in subsection 6-7f of these guidelines is the parking lot on an existing,active and permitted business and there are no other Mobile Food units already permitted to operate upon said parking lot. Drafter's Note: Deleted text is shown thus. Inserted text is shown thus 2411-157 Page 1 Any violation of any provision herein shall authorize the Director of Planning and Protective Services to revoke any mobile food unit permit immediately. The Director shall be authorized to enact hearing procedures for any appeal of such revocation. Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. ," /ii. f% G 4O Approved: 3/021e1/9.— Passed: pp -el/r/ Presiding officer Mayor ATTEST: APPROVED AS TO FORM: City Clerk Interim City Counselor Drafter's Note: Deleted text is shown its. Inserted text is shown thus 2011.157 Page 2 BILL NO. SPONSORED BY ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, PERTAINING TO SHORT TERM RENTAL OF A RESIDENCE OR LODGING ROOM. WHEREAS, It appears that the procedures set forth in the zoning code relating to zoning code text amendments 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. Sec. 35-28 (Matrices of permitted, conditional and special exception use land uses and classification of uses not listed) Exhibit 35-28 (Land Uses Authorized in Zoning Districts), is amended as follows: See Attachment A Section 2. Sec. 35-41.B (Specific Use Standards) is hereby amended with the addition of a new sub-section pertaining to Short Term Rental of a Residence or Lodging Room as follows: 35. Short Term Rental of a Residence or Lodging Room a. Location. Short Term Rental of a Residence or Lodging Room may be authorized in the districts specified by Exhibit 35-28 Land Use Matrix. b. Specific Provisions. Short Term Rental of a Residence or Lodging Room shall adhere to the following: (1) Special Exception Use Permit. Where use of a property as a Short Term Rental is authorized by Special Exception Use Permit the Special Exception Use Permit shall be issued in the name of the owner of the property, and is non-transferable. (2) The short term rental shall be located within an existing primary structure residence. Accessory structures shall not be used for sleeping or accommodation purposes. (3) Number of Guests and Rooms. The following shall be applicable for Short Term Rental of a Residence or Lodging Room, as indicated. (a) Short Term Rental of a Residence. A maximum of five unrelated persons or any number of persons related by blood, marriage or adoption shall be permitted as lodging guests. Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. (b) Short Term Rental of a Lodging Room. A maximum of one rental space may be rented to guests, multiple rentals within the same residence is not permitted. A maximum of four people shall be permitted as guests. (4) Signage. Exterior signage shall be limited to one sign of a maximum size of one square foot, which must be attached to the structure. No other exterior signage, display, or other indication of the variation from the residential character of the building shall be permitted. (5) The property shall not be rented or used for receptions, parties, weddings or similar activities. (6) Parking. The property shall have sufficient parking spaces to accommodate both residents and guests. The minimum parking requirement for a Short Term Rental of a Lodging Room shall be two on-site parking spaces on streets where on-street parking is permitted, or three on-site parking spaces on streets where on street parking is not permitted. (6) Meals and Food. The following shall be applicable for Short Term Rental of a Residence or Lodging Room, as indicated. (a) Short Term Rental of a Residence. Meals shall not be provided or sold to guests. Only prepackaged foods not subject to health inspections are permitted to be provided to guests. Use of kitchen facilities for the cooking of food by guests is permitted. (b) Short Term Rental of a Lodging Room. Meals shall not be provided or sold to guests. Only prepackaged foods not subject to health inspections are permitted to be provided to guests. Use of kitchen facilities or other cooking facilities for the cooking of food by guests is not permitted unless the space being rented is furnished with a separate kitchen. Use of hot plates, electric skillets, or other similar cooking utensils in lieu of a kitchen is not permitted. (7) Length of Stay. The following shall be applicable for Short Term Rental of a Residence or Lodging Room, as indicated. (a) Short Term Rental of a Residence. The maximum length of stay for a guest shall be 7 consecutive nights. (b) Short Term Rental of a Lodging Room. The maximum length of stay for a guest shall be 7 consecutive nights. (8) The residence shall maintain a residential appearance and adhere to all applicable codes of the City of Jefferson. Trash receptacles shall be placed at the curb only during trash service days. Noise emanating from the residence shall be at a level typical for a residential home. Visitors of Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. guests shall not be excessive in number or out of character with the residential nature of the property. c. The advertisement or offering for rent of a Short Term Rental without approval or in conflict with the specific provisions of this section or the other provisions of this chapter shall be considered a violation. d. The Short Term Rental of a residence or lodging room shall be subject to applicable lodging taxes, sales taxes, and business licensing regulations. Section 3. Sec. 35-92 (Definitions) is hereby amended as follows: Short Term Rental of a Residence. The rental of a dwelling unit for a period of less than one month. Short Term Rental of a Lodging Room. The rental of a portion of or room within a dwelling unit for a period of less than one month. Section 4. This ordinance shall be in full force and effect from and after its passage and approval. Passed: Approved: Presiding Officer Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Counselor Scriveners Note: Inserted text shown as thus. Deleted text shown as thus. Attachment A. Exhibit 35-28: Land Uses Authorized in Zoning Districts Use Category Specific Use Type Zoning Districts RU RS-1 RS-2 RS-3 RS-4 RD RA-1 RA-2 N-O RC MU-1 C-O C-1 C-2 C-3 M-1 M-2 3. Commercial Use B. Lodging 6. Short Term Rental of a SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE Residence - - 7. Short Term Rental of a SE SE SE SE SE SE SE SE SE SE SE SE SE SE SE Lodging Room - - Scriveners Note: Inserted text shown as thus. Deleted text shown as thu&. Staff Comments: Planning Division Staff have researched the topic of short term rental uses, and found that there is a variety of ways that other cities regulate such a use, from specific overlay districts where such uses are permitted to requiring special permits prior to operating the use. Cities tend to attach specific regulations and requirements to the use as well. Staff have prepared a draft ordinance based on the research. Draft Ordinance: Short term rentals would be divided into two types as follows: 1. Short Term Rental of a Residence—where an entire house is rented out 2. Short Term Rental of a Lodging Room —where a single room or basement is rented out. Rentals in the lodging room category would be limited to a single room or area within a residence. The code amendment would differentiate between these two different types of use but apply essentially the same "Specific Use Standards" to each of them. Short term rentals could be proposed for essentially any residence, apartment unit, downtown loft, etc. Short Term Rentals would be listed as a "Special Exception Use" in all zoning districts (except the industrial districts). This would require a property owner to apply for a Special Exception Use Permit, which would be reviewed by the Planning and Zoning Commission, in a public hearing format, before being forwarded to the City Council for a final decision. Definitions - The definitions drafted for this code amendment would define any rental of less than one month as short term. Notes on Specific Provisions: 1. Required Special Exception Use Permit —The SE Permit (if approved) would be issued in the name of the property owner. So if the property sells and the new owner wants to continue the use,they would need a new SE Permit. 2. Prohibit the use in accessory structures. Use of garages, storage buildings, yurts, small cabins, or other accessory structures as short term rental units would not be permitted. 3. A limit on the number of people or guests. a. The proposed limit for rental of an entire house would be the same as the definition of a family within the zoning code (maximum of 5 unrelated people or any number of people who are related). This would allow a small group of unrelated people to rent out a house and allow a larger family, which could potentially exceed 10 people, to do the same. b. A single room or basement being rented out within a house would be limited to four people. This might be a low number, as someone renting out a basement of a house might have ideas for a larger number of people. But opening up the option for a larger number of people could very easily interfere with the single family nature of the use, result in parking problems, etc. 4. Signage—signage would be limited to the same permitted for a home based business, which is a small one square foot sign that must be attached to the building. This would allow for a very limited representation of the use (to allow the customer to identify that they're in the right spot)without interfering with the character of the neighborhood. 5. Prohibition on events. Weddings, receptions, and similar uses would not be permitted. 6. Regulations on Food—The allowance for short term rentals is not meant to be a replacement to the land use category of bed and breakfast. A separate set of provisions within the zoning code for the bed and breakfast use already exists. For instances where a whole residence is being rented out, the kitchen would of course be available for use by the renter. For instances where a single room is being rented out, cooking would basically be not allowed. In the event that a basement with a full kitchen is being rented out, the kitchen could be used by the renter. 7. Length of Stay. The maximum length of stay would be 7 days. One purpose of the length of stay regulation would be to ensure that the short term rental is not used as a loophole to regular residential occupancy regulations. 8. Residential appearance. A few extra items placed in the specific use standards to reinforce that the residence must maintain a residential appearance and be operated as such. Violations—the offering of a rental (without the required SE Permit) would be considered a violation. There would not need to be evidence that the unit is actually being rented. Licenses and taxes — All applicable licenses and taxes would need to be adhered to. These could include the lodging tax, city business license, sales tax, etc. Other considerations(discussion points): Minimum size of structure or property requirements. Proximity to other existing short term rentals. Fire Code or Building Code requirements. Inspection requirements. Noise or Nuisance provisions. Turnover or number of guests per month. (no limits could mean a continuous stream of guests) Agreement by neighbors (usually not a good idea to have a neighbor referendum, but possible) Business License/Lodging tax considerations (do changes need to be made?) Number of rentable units per property or building (entire apartment complex rentable?) Online article giving a good overview of the Short Term Rental topic. http://www.useful-community-development.org/short-term-rental-zoning.html Short Term Rental Zoning May Be Strictly Regulated or Not ar tI +� lrrci When it comes to short term rental zoning, communities have to decide on a policy that fits their history and ideals. This issue arises where tourists or a transient population are interested in temporary rentals of single-family residences, without the owner being on the premises. Often the question is handled through the zoning ordinance, but sometimes a stand-alone ordinance may be enacted governing the conditions under which such a land use is permitted. Often the short term rental zoning provisions define short term as less than 30 days. The same concept may be called transient rentals, or short term transient rentals. A few examples of a seasonal zoning regulation have been found as well, in which different regulations apply if the rental is for more than 30 days but less than 180 or so. If the zoning ordinance is where short term rentals are regulated, the ordinance of course will spell out which zoning districts allow such a use. Sometimes ordinances require a special use permit, which usually leads to a level of public hearings and action by the governing body equivalent to the process required for a rezoning. With the advent of the sharing economy, rentals of entire homes, apartments, or just rooms through online services, such as Airbnb, the question has become newly relevant for many towns and cities that have never been seen a demand for short term rentals before now. This applies to areas that are near tourist attractions in large cities,but which have never thought of themselves as tourist destinations until now. What we have to say on this page applies to these sharing services as well. Standards for Short Term Rental Zoning In any event, the zoning ordinance is likely to set forth standards for short term rental zoning. Topics regulated might include: Posting or availability at the town hall of one or even two local contact persons who will be responsible for handling any problems that arise with the property. We think this is the most important regulation, and one that should be strictly enforced. Requirements for providing off-street parking. Unless the unit in question is very well served by public transportation,this is a must. Typically the requirement could be met by extra driveway space, but if even homeowners park on the street,be quite careful to include a sufficient regulation. Noise and nuisance provisions, or reference to other ordinances addressing such situations. Requirements that garbage collection be maintained, and limiting the hours before and after collection when the garbage receptacles can be in front of the home. Minimal required spacing between short term rentals. A particular interval of feet may be used to assure that an entire block does not turn into a short term rental district. Reinforcement of the normal occupancy limits (number of persons who may live in the home) for a particular zoning district as applying also to short term rental tenants. Proof of code compliance, fire safety measures, adequate water and sewer service, or other utilities or infrastructure that may be of particular concern. Requirements for notifying neighbors, or even for their agreement. Limitations on the turnover. Renting to six different tenants within a month probably won't be allowed in many places. There may be a minimum stay, perhaps of a week. Limitations on particular areas of the town or city where short term rental either is not allowed at all or is not restricted. Such statements within a zoning ordinance would amount to establishing an overlay district pertaining just to the subject of transient rentals. Imposition of a special use permit or conditional use permit requirement, allowing for scrutiny of the particular facts of a site before allowing such a use. If the rental of homes for a short time is not covered in the zoning ordinance, or the town or city does not have a zoning ordinance, a separate law sometimes is enacted. Probably it would deal with the same types of limitations and requirements described above, as considered appropriate and necessary by the local government. Trends in Brief Rentals In the case of both short term rental zoning and free-standing transient rental regulations, many communities that are aware of the connections between tourism and economic development have a tendency to begin with minimal regulation and to add requirements on the basis of particular problems that arise. If the town becomes divided over the issue, however, of course the regulations are likely to be more strict and more creative. Still other towns choose to ignore the issue that some residents or property owners rent out homes for a very short term, considering this practice to be the prerogative of the property owner. We see the opposite tendency in towns that do not consider themselves to be tourism oriented. Often they are very suspicious of allowing people to rent out rooms in their residence for a few days, thinking that it undermines the sanctity of single-family residential neighborhoods. They have a good point actually. We advise you to think this through before it becomes a big issue though--there may be some zoning districts where any potential disruption would be minimal, but where the economic benefits to property owners could be real. Particularly in an unattractive real estate market, allowing short term rental zoning is probably not a bad idea, as long as the percentage of the housing stock devoted to this use is small. Our advice would be to require a stay of at least three days but preferably five to seven. Otherwise, you have an absentee bed and breakfast situation. While some bed and breakfast apartments run themselves, it's best to require a meaningful stay if there is no on-premise owner or manager. This allows the neighbors to monitor the situation better. If new people can come in every night, neighbors will tend to shrug their shoulders about anything strange they see. BILL NO. 2017-xxx SPONSORED BY COUNCILMAN ORDINANCE NO. AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING THE 2016-2017 BUDGET OF THE CITY OF JEFFERSON, MISSOURI, BY CHANGING THE PERSONNEL SCHEDULE WITHIN THE DEPARTMENT OF PUBLIC WORKS BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The 2016-2017 Budget of the City of Jefferson, Missouri is hereby amended by changing the personnel schedule by changing the title of Crew Leader (Grade 14) to Operator II (Grade 14). Section 2. This Ordinance shall be in full force and effect from and after the date of its passage and approval. Passed: Approved: Presiding Officer Mayor Carrie Tergin ATTEST: APPROVED AS TO FORM: City Clerk City Counselor BILL SUMMARY BILL NO: 2017- SPONSOR: Councilman SUBJECT: Amending the 2016-2017 Budget by changing the title of one position within the Public Works Department DATE INTRODUCED: August 7, 2017 DEPARTMENT DIRECTOR(S): CITY ADMINISTRATOR: Staff Recommendation: Approve. Summary: If approved this item would amend the FY2016-2017 budget by eliminating a Crew Leader position and creating an Operator II position within the wastewater division of Public Works. Origin of Request: Public Works Department Responsible: Public Works Person Responsible: MATT MORASCH, Eric Seaman Background Information: With the retirement of the Crew Leader, staff has been evaluating how to better purpose existing staff to address operational needs. These changes would result in no additional FTE's. Fiscal Information: Salary grades are identical. No increases in net salary or budgeted salary costs in this Fiscal Year.