HomeMy Public PortalAbout2019-01-10 packetNotice of Meeting & Tentative Agenda
City of Jefferson Public Works & Planning Committee
Thursday, January 10, 2019
7:30 a.m.
John G. Christy Municipal Building, 320 East McCarty Street
Boone/Bancroft Room (Upper Level)
TENTATIVE AGENDA
1) Introductions
2) Approval of the December 13, 2018 Committee meeting minutes
3) New Business
1. School Street Floodproofing Example (David Bange)
2. Clark Avenue Update (Matt Morasch)
3. Continued Discussion of a Board of Appeals for the Planning and Protective
Services Division of Building Regulations (Larry Burkhardt)
4) Other Topics
5) Citizen opportunity to address Council/Staff on Stormwater and Other Public Works
Issues
6) Adjourn
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.
Please call (573) 634-6410 with questions regarding agenda items
Committee Members
Ron Fitzwater
Ken Hussey
David Kemna
Mark Schreiber
Laura Ward
MINUTES
JEFFERSON CITY
PUBLIC WORKS AND PLANNING COMMITTEE
Boone/Bancroft Room
John G. Christy Municipal Building
320 East McCarty Street
December 13, 2018
Present:
Staff Present:
Matt Morasch, Director of Public Works
David Bange, City Engineer
Britt Smith, Operations Division Director
Mark Mehmert, Transit Division Manager
Eric Seaman, Wastewater Division Director
Clara Haenchen, Wastewater Treatment Plant Manager
Emily Wilbers, Laboratory and Pretreatment Supervisor
Sonny Sanders, Director of Planning and Protective Services
Jayme Abbott, Neighborhood Services Manager
Larry Burkhardt, Building Official Manager
Ryan Moehlman, City Counselor
Chief Matt Schofield, Fire Chief
Jason Turner, Division Chief of Prevention
Steve Crowell, City Administrator
Brenda Wunderlich, Administrative Supervisor
Attendance
8 of 8
7 of 8
7 of 8
8 of 8
7 of 8
Chairman Hussey called the meeting to order at 7:30 a.m. A quorum was present at this time.
The following guests were present: Rick Mihalevich, 2nd Ward Councilman; Brian Bernskoetter,
Jefferson City Area Board of Realtors; and Nicole Roberts, News Tribune.
1. Introductions
Introductions were made at this time.
2. Approval of the November 8, 2018 Committee meeting minutes
Councilman Schreiber moved and Councilman Fitzwater seconded to approve the November
8, 2018 minutes, motion carried.
Chairman Hussey requested Item 3.5. be moved to the first on the agenda. Committee
members agreed.
3. New Business
5. Discussion of a Board of Appeals for the Planning and Protective Services Division
of Building Regulations (Larry Burkhardt)
Minutes/Jefferson City Public Works and Planning Committee 2
December 13. 2018
Mr. Burkhardt explained at this time the only option for owners, etc. to modifications from the
current building code decision of the Building Official is for judicial review from the circuit court of Cole
County.
There was discussion among Committee members, staff, and those present regarding the
International Code Council (ICC) recommendation of the structure of the Board of Appeals and older
structure development concerns.
Committee members requested Mr. Burkhardt contact the development community to receive
feedback on this issue and report back to the Committee in January.
6. Grant Application for the Volkswagen Trust Government Truck Program (Britt Smith)
Mr. Smith explained staff requests the Committee to endorse an application for the
Volkswagen Trust Government Truck Program. If the grant is awarded it would provide up the
$345,000 for the City to use to replace snow plow trucks.
Councilman Fitzwater moved and Councilwoman Ward seconded to forward the resolution
contract to the City Council with recommendation to approve, motion carried.
7. Handiwheels ADA Recertification (Mark Mehmert)
Mr. Mehmert explained due to the recommendations by consultant Lochmueller Group,
JEFFTRAN will launch paratransit recertification efforts in mid-January. The consultants analysis
indicated Jefferson City's paratransit usage per capita is about five time higher that its peer group.
There was discussion among Committee members and staff regarding the process for
recertification.
8. Wastewater Pretreatment Ordinance (Eric Seaman)
Mr. Seaman explained the Federal Clean Water Law for Industrial Users is enforced by the
Missouri Department of Natural Resources. The City issues discharge permits to the users and
monitors their discharges for toxic chemicals. The current users are ABB, Inc.; Modine, Inc., Porite
USA; and Unilever, Inc.. Central Dairy has been recently added as a user.
Chairman Hussey requested holding a Committee meeting at the Wastewater Plant and a tour
to gain a better understanding of the pretreatment.
9. CDBG 2019 Policy and Procedures Manual (Jayme Abbott)
Ms. Abbott explained the CDBG 2019 Policy and Procedures Manual will be included on the
January 7, 2019 Council agenda for consideration of adoption via resolution.
Councilman Fitzwater moved and Councilman Schreiber seconded to refer the resolution to
the City Council with recommendation to approve, motion carried.
10. Other Topics
• The Ohio Street bridge was a topic of discussion. Committee members and staff felt
this should be an item for the Finance Committee priorities.
• East High Street Project Update. Staff hopes to have the project under construction
this summer.
Minutes/Jefferson Clty Public Works and Planning Committee
December 13, 2018
6. Citizen Opportunity to address Council/Staff on Stormwater and Other Public Works
Issues
There was no one present to address the Committee on this subject.
7. Adjourn
Councilwoman Ward moved and Councilman Fitzwater seconded to adjourn the meeting at
this time (8:30 a.m.), motion carried.
3
Memorandum
320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6562 • www.ieffersoncitymo.gov
Date: December 27, 2018
To: Public Works and Planning Committee
From: David Bange P.E., City Engineer
Subject: Alterations to 623 School Street to Meet the Flood Plain Requirements
Staff is presenting the Committee with a summary of the alterations and estimated costs to bring the
house at 623 School Street into compliance with the flood plain requirements. This is being done to
demonstrate the process that could be employed for this and other buildings in this area.
This house has suffered fire damage and staff within the Planning and Protective Services Department
have estimated that the costs to renovate the interior of the building (pictures attached) will be
approximately $60,000.00. This estimate would exceed the 50% improvement rule therefore
improvement to this house would require elevating it above the base flood elevation (BFE) and thereby
remove it from the improvement limitations imposed by the flood plain regulations.
At present the base flood elevation for this area of School Street is 570.00'. The main floor elevation of
623 School Street is 568.80'. In order to meet the flood plain requirements, the bottom of the floor joists
of the house will need to be one foot above the BFE. Figuring that the flooring and floor joists together
are one foot in depth the house will need to be raised three feet nine inches from its current elevation. A
depiction of what that would look like is attached.
Raising this structure would require holes to be cut in the existing foundation so that steel beams could
be inserted under the existing floor joists. Steel angles would then need to be placed under the brick to
support it during the lifting process. After the house is lifted off the foundation the existing basement will
need to be filled in to the level of the surrounding terrain. The existing foundations, which are in poor
condition, would need to be removed and new foundation walls with flood vents would need to be
poured. Once completed the house could be lowered onto the new foundation and the utilities such as
sewer, water, and electric could be reinstalled. The electrical service, water heater, furnace, and other
mechanical systems will need to be located above the BFE which will require the creation of a
mechanical room on the main level of the house and a rerouting of the pluming and electric lines.
It is estimated that the cost of lifting this house and constructing a new foundation would range from
$50,000 to $60,000. It could be expected that elevating other houses in this neighborhood above the
BFE could equal or exceed this cost depending on their size and complexity.
If you have any questions I can be reached at 634-6433.
DB:db
C:1UserslbwunderlichlAppDatalLocal\MicrosoftlwindowslTemporary Internet Files\Content.Outlook\HVHFTP121School Street,docx
Existing View of
School Street
Elevated View of
623 School Street
Department of Public Works Memorandum
320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-634-6410 • F 573-634-6562 • www.jeffcitymo.org
Date:
To:
From:
Subject:
January 7, 2019
Public Works and Planning Committee
Matt Morasch, P.E., Director of Public Work
Acceptance of the Clark Ave Corridor Traffic Study and Concurrence with
Roundabouts as the preferred Alternative
City staff request the Committee concur with the staff recommendation to accept the Clark Ave
traffic study and concur with roundabouts as the preferred alternative for the corridor. In
addition, staff suggests proceeding with the design of the Dunklin/Clark roundabout intersection
as well as the widening design of the Atchison/Clark intersection and corridor.
As you may recall the Clark Ave area was specifically listed in the' Cent Capital Improvement
Sales Tax G (2017-2022) as a City County cooperative project. Much of the impetus for the
project came from the discussions around Lincoln University's desire to close Chestnut. Upon
approval of the sales tax Bartlett and West engineering consultants were selected to study the
corridor and determine a feasible solution for the corridor. The intersections along the corridor
are controlled by two jurisdictions. Clark Ave interchange with Hwy 50/63 is controlled by
MoDOT and the Clark/Dunklin and Clark/Atchison intersections are under City control. The
traffic study process included input from both jurisdictions as well as Cole County.
Now that the traffic study phase has been completed along with planning level cost estimates
for the several alternatives, a selection of the preferred alternative must be made so that the
design phase can proceed. City staff is recommending the best alternative as the roundabout
corridor. This alternative provides for the best long term safety, the overall highest level of
service at the intersections and is the lowest overall costs. Attached to this document are
several diagrams showing preliminary layouts for the various intersection options.
Diagrams listed as 2 and 3 indicate the signalized and roundabout options layout for the
Dunklin/Clark intersection. Table 1 of this memo demonstrates the relative costs of the
alternatives.
The above information will be presented at the January 2019 Committee meeting. If you have
any questions prior to the meeting please feel free to contact me. Thanks.
Public. Works' CORE Mission and Values
improve the community - take Ownership — deliver Results — Empathize with the customer
Table 1 Dunklin Intersection Planning Level Costs Comparisons:
Intersection Alternatives:
Design/Construction:
ROW Estimates
Signal
$1,007,635
$300,000 (2 parcels)
Roundabout
$1,019,821
$700,000 (3 parcels)
Initial Costs:
LOS/Delay Costs (20 yr)*:
Predicted Crash Costs** (20 yr):
Repi Signal Equipment (20 vr):
20 year Costs:
Total Costs:
$1,307,635
$2,632,056
$800,000
$350,000
$3,782,056
$5,089,691
*Intersection ADT 11,000
Signal Delay 11.8 sec, 1 yr $131,602, 20 yr $2,632,056
Roundabout Delay 4.2 sec, 1 yr $46,842, 20 yr $936,833
@ nominal $10 per hour for delay costs
$1,719,821
$936,833
$80,000
$ 0
$1,016,833
$2,736,654
"FHWA Roundabouts have 50% fewer crashes than signals and seventy is less significant
Assume 4 crashes per year at the signal (5 yr average at Dunklin/Madison Signal)
Assume 1 crash per year at the roundabout (5 year average at Lafayette/Stadium/Leslie roundabout)
@ nominal costs of $10,000 per crash for signals with no injury costs
@nominal costs of $4000 per crash for roundabouts with no injury costs
Signal 1 yr $40,000, 20 yr $800,000
Roundabout 1 yr $4000, 20 yr $80,000
Public Works' CORE Mission and Values
improve the Community - take Ownership — deliver kesults —Empathize with the customer
DUNKLIN STREET SIGNALIZED
DESSGNED BY:
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DRAWN BY:
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APPROVED BY:
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PPOI NO:
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SCALE:
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DATE:
AUGUST 2018
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CLARK AVENUE TRAFFIC ANALYSIS
JEFFERSON CITY, MISSOURI
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City of Jefferson Board of Appeals Discussion
January 10, 2019
There have been discussions concerning forming a Board of Appeals within the City of Jefferson to review the
Building Official's decisions or interpretations concerning the building code. The City of Jefferson has currently
adopted by reference the 2015 version of the International Code Council (ICC) series of codes for construction,
renovation or alteration of buildings. By code amendment, various sections of the ICC version have been
modified to remove the standard for a Board of Appeals. Chapter 8 of City Code directs an appeal of a decision of
the Building Official to the Circuit Court for judicial review in lieu of a Board of Appeals. Typical sections state the
following:
"Sec. 8-19. Amendments to the 2015 International Building Code
Section 113.1: JUDICIAL REVIEW:
Any owner, agent or other person shall have the right to seek judicial review of a decision of the Building
Official refusing to grant a modification to the provisions of this Code covering the manner of construction
or materials to be used in the erection, alteration or repair of a building or structure. The petition for
judicial review shall be to the circuit court of Cole County as established in Article 536 of the Revised
Statutes of Missouri."
The above code section modified the 2015 International Building Code (IBC) Section 113.1 that describes the
Board of Appeals. The 2015 IBC also has an Appendix B that describes a structure of the Board of Appeals that
includes five (5) members: an architect or a builder with 10 years' minimum experience; structural engineer;
mechanical engineer or a mechanical contractor with 10 years' minimum experience; electrical engineer or an
electrical contractor with 10 years' minimum experience; and a fire protection engineer or a fire protection
contractor with 10 years' minimum experience. Please note that the ICC Board of Appeals version states it shall
not have the authority to waive requirements of the building code.
With respect to the duties and powers of the Building Official position, the 2015 IBC states those responsibilities
within its Section 104. Further responsibilities of the Building Official position are defined by City Code. The IBC
code as adopted by reference does allow the Building Official to interpret the code as to its intent and to make
modifications. This is usually in special cases where the strict letter of the code is impractical. The code
modification — however — cannot lessen the health, safety or welfare of the structure.
As previously noted to the committee, the creation of a Board of Appeals has been discussed over the years. It
was even brought up with Ad Hoc Steering Committee for the last building code review. That committee did an
overview of the administrative actions of Building Regulations Division as part of their review. Chapter 1 of the
IBC is the "Scope and Administration" area of the code that includes the Board of Appeals. The committe voted
against forming a Board of Appeals at their meeting held on July 27, 2017.
With past incidents or disagreements with the building code administration, the public has turned to political
avenues for their appeals. Given the complexity of construction and variations inherent to the industry,
politicians are not fully knowledgeable with code requirements. It would be beneficial to have an easily accessible
technical entity to review appeals to see if the Building Official's interpretation met code requirements. This
would then keep decisions at a technical level.
In contacting over 100 people by email in the design and construction industry, we have received about 12
positive responses. We have not received any negative responses. There have been requests for the board to be
able to grant variances. However, City staff is recommending following the ICC philosophy principles that the
board is not able to waive requirements of the building code. Excerpts from the 2015 IBC are attached for
reference.
2015 IBC Section 104
DUTIES AND POWERS OF BUILDING OFFICIAL
[Ai 104.1 General. The building official is hereby
authorized and directed to enforce the provisions of this
code. The building official shall have the authority to
render interpretations of this code and to adopt policies and
procedures in order to clarify the application of its
provisions. Such interpretations, policies and procedures
shall be in compliance with the intent and purpose of this
code. Such policies and procedures shall not have the
effect of waiving requirements specifically provided for in
this code.
�A]
104.2 Applications and permits. The building official
shall receive applications, review construction documents
and issue permits for the erection, and alteration,
demolition and moving of buildings and structures, inspect
the premises for which such permits have been issued and
enforce compliance with the provisions of this code.
IAI 104.2.1 Determination of substantially improved or
substantially damaged existing buildings and structures
in flood hazard areas. For applications for reconstruction,
rehabilitation, repair, alteration, addition or other
improvement of existing buildings or structures located in
flood hazard areas, the building official shall determine if
the proposed work constitutes substantial improvement or
repair of substantial damage. Where the building official
determines that the proposed work constitutes substantial
improvement or repair of substantial damage, and where
required by this code, the building official shall require the
building to meet the requirements of Section 1612.
SAI 104.3 Notices and orders. The building official shall
issue necessary notices or orders to ensure compliance
with this code.
(Al 104.4 Inspections. The building official shall make the
required inspections, or the building official shall have the
authority to accept reports of inspection by approved
agencies or individuals. Reports of such inspections shall
be in writing and be certified by a responsible officer of
such approved agency or by the responsible individual.
The building official is authorized to engage such expert
opinion as deemed necessary to report upon unusual
technical issues that arise, subject to the approval of the
appointing authority.
lA] 104.5 Identification. The building official shall carry
proper identification when inspecting structures or
premises in the performance of duties under this code.
IAI 104.6 Right of entry. Where it is necessary to make
an inspection to enforce the provisions of this code, or
where the building official has reasonable cause to believe
that there exists in a structure or upon a premises a
condition that is contrary to or in violation of this code that
makes the structure or premises unsafe, dangerous or
hazardous, the building official is authorized to enter the
structure or premises at reasonable times to inspect or to
perform the duties imposed by this code, provided that if
such structure or premises be occupied that credentials be
presented to the occupant and entry requested. If such
structure or premises is unoccupied, the building official
shall first make a reasonable effort to locate the owner or
other person having charge or control of the structure or
premises and request entry. If entry is refused, the building
official shall have recourse to the remedies provided by
law to secure entry.
IAI 104.7 Department records. The building official shall
keep official records of applications received, permits and
certificates issued, fees collected, reports of inspections,
and notices and orders issued. Such records shall be
retained in the official records for the period required for
retention of public records.
f Af 104.8 Liability. The building official, member of the
board of appeals or employee charged with the
enforcement of this code, while acting for the jurisdiction
in good faith and without malice in the discharge of the
duties required by this code or other pertinent law or
ordinance, shall not thereby be civilly or criminally
rendered liable personally and is hereby relieved from
personal liability for any damage accruing to persons or
property as a result of any act or by reason of an act or
omission in the discharge of official duties.
fAf 104.8.1 Legal defense. Any suit or criminal complaint
instituted against an officer or employee because of an act
performed by that officer or employee in the lawful
discharge of duties and under the provisions of this code
shall be defended by legal representatives of the
jurisdiction until the final termination of the proceedings.
The building official or any subordinate shall not be liable
for cost in any action, suit or proceeding that is instituted
in pursuance of the provisions of this code.
IAI 104.9 Approved materials and equipment.
Materials, equipment and devices approved by the
building official shall be constructed and installed in
accordance with such approval.
JAI 104.9.1 Used materials and equipment. The use of
used materials that meet the requirements of this code for
new materials is permitted. Used equipment and devices
shall not be reused unless approved by the building
official.
IAI 104.10 Modifications. Where there are practical
difficulties involved in carrying out the provisions of this
code, the building official shall have the authority to grant
modifications for individual cases, upon application of the
owner or the owner's authorized agent, provided that the
building official shall first find that special individual
reason makes the strict letter of this code impractical, the
modification is in compliance with the intent and purpose
of this code and that such modification does not lessen
health, accessibility, life and fire safety or structural
requirements. The details of action granting modifications
shall be recorded and entered in the files of the department
of building safety.
IAI 104.10.1 Flood hazard areas. The building official
shall not grant modifications to any provision required in
flood hazard areas as established by Section 1612.3 unless
a determination has been made that:
I. A showing of good and sufficient cause that the unique
characteristics of the size, configuration or topography of
the site render the elevation standards of Section 1612
inappropriate.
2. A determination that failure to grant the variance would
result in exceptional hardship by rendering the lot
undevelopable.
3. A determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, cause fraud on
or victimization of the public, or conflict with existing
laws or ordinances.
4. A determination that the variance is the minimum
necessary to afford relief, considering the flood hazard.
5. Submission to the applicant of written notice specifying
the difference between the design flood elevation and the
elevation to which the building is to be built, stating that
the cost of flood insurance will be commensurate with the
increased risk resulting from the reduced floor elevation,
and stating that construction below the design flood
elevation increases risks to life and property.
[Al 104.11 Alternative materials, design and methods of
construction and equipment. The provisions of this code
are not intended to prevent the installation of any material
or to prohibit any design or method of construction not
specifically prescribed by this code, provided that any such
alternative has been approved. An alternative material,
design or method of construction shall be approved where
the building official finds that the proposed design is
satisfactory and complies with the intent of the provisions
of this code, and that the material, method or work offered
is, for the purpose intended, not less than the equivalent of
that prescribed in this code in quality, strength,
effectiveness, fire resistance, durability and safety. Where
the alternative material, design or method of construction
is not approved, the building official shall respond in
writing, stating the reasons why the alternative was not
approved.
IAI 104.11.1 Research reports. Supporting data, where
necessary to assist in the approval of materials or
assemblies not specifically provided for in this code, shall
consist of valid research reports from approved sources.
[Al 104.11.2 Tests. Whenever there is insufficient
evidence of compliance with the provisions of this code, or
evidence that a material or method does not conform to the
requirements of this code, or in order to substantiate claims
for alternative materials or methods, the building official
shall have the authority to require tests as evidence of
compliance to be made at no expense to the jurisdiction.
Test methods shall be as specified in this code or by other
recognized test standards. In the absence of recognized and
accepted test methods, the building official shall approve
the testing procedures. Tests shall be performed by an
approved agency. Reports of such tests shall be retained by
the building official for the period required for retention of
public records.
ICC Building Code SECTION 113
BOARD OF APPEALS
IAI 113.1 General. In order to hear and decide appeals of
orders, decisions or determinations made by the building
official relative to the application and interpretation of this
code, there shall be and is hereby created a board of
appeals. The board of appeals shall be appointed by the
applicable governing authority and shall hold office at its
pleasure. The board shall adopt rules of procedure for
conducting its business.
ICC Building Code APPENDIX B
BOARD OF APPEALS
The provisions contained in this appendix are not
mandatory unless specifically referenced in the adopting
ordinance.
SECTION B101
GENERAL
13101.1 Application. The application for appeal shall be
filed on a form obtained from the building official within
20 days after the notice was served.
8101.2 Membership of board. The board of appeals shall
consist of persons appointed by the chief appointing
authority as follows:
1. One for 5 years; one for 4 years; one for 3 years; one for
2 years; and one for 1 year.
2. Thereafter, each new member shall serve for 5 years or
until a successor has been appointed.
The building official shall be an ex officio member of said
board but shall have no vote on any matter before the
board.
B101.2.1 Alternate members. The chief appointing
authority shall appoint two alternate members who shall be
called by the board chairperson to hear appeals during the
absence or disqualification of a member. Alternate
metnbers shall possess the qualifications required for board
membership and shall be appointed for 5 years, or until a
successor has been appointed.
B101.2.2 Qualifications. The board of appeals shall
consist of five individuals, one from each of the following
professions or disciplines:
1. Registered design professional with architectural
experience or a builder or superintendent of building
construction with at least 10 years' experience, 5 of
which shall have been in responsible charge of
work.
2. Registered design professional with structural
engineering experience.
3. Registered design professional with mechanical and
plumbing engineering experience or a mechanical
contractor with at least 10 years' experience, 5 of which
shall have been in responsible charge of work.
4, Registered design professional with electrical
engineering experience or an electrical contractor with at
least 10 years' experience, 5 of which shall have been in
responsible charge of work.
5. Registered design professional with fire protection
engineering experience or a fire protection contractor
IAI 113.2 Limitations on authority. An application for
appeal shall be based on a claim that the true intent of this
code or the rules legally adopted thereunder have been
incorrectly interpreted, the provisions of this code do not
fully apply or an equally good or better form of
construction is proposed. The board shall not have
authority to waive requirements of this code.
IAI 113.3 Qualifications. The board of appeals shall
consist of members who are qualified by experience and
training to pass on matters pertaining to building
construction and are not employees of the jurisdiction.
with at least 10 years' experience, 5 of which shall have
been in responsible charge of work.
B101.2.3 Rules and procedures. The board is authorized
to establish policies and procedures necessary to carry out
its duties.
13101.2.4 Chairperson. The board shall annually select
one of its members to serve as chairperson.
B101.2.5 Disqualification of member. A member shall
not hear an appeal in which that member has a personal,
professional or financial interest.
8101.2.6 Secretary. The chief administrative officer shall
designate a qualified clerk to serve as secretary to the
board. The secretary shall file a detailed record of all
proceedings in the office of the chief administrative
officer.
B101.2.7 Compensation of members. Compensation of
members shall be determined by law.
13101.3 Notice of meeting. The board shall meet upon
notice from the chairperson, within 10 days of the filing of
an appeal or at stated periodic meetings.
B101.3.1 Open hearing. All hearings before the board
shall be open to the public. The appellant, the appellant's
representative, the building official and any person whose
interests are affected shall be given an opportunity to be
heard.
B101.3.2 Procedure. The board shall adopt and make
available to the public through the secretary procedures
under which a hearing will be conducted. The procedures
shall not require compliance with strict rules of evidence,
but shall mandate that only relevant information be
received.
B101.3.3 Postponed hearing. When five members are not
present to hear an appeal, either the appellant or the
appellant's representative shall have the right to request a
postponement of the hearing.
B101.4 Board decision. The board shall modify or reverse
the decision of the building official by a concurring vote of
two-thirds of its members.
8101.4,1 Resolution. The decision of the board shall be
by resolution. Certified copies shall be furnished to the
appellant and to the building official.
B101.4.2 Administration. The building official shall take
immediate action in accordance with the decision of the
board.
Burkhardt, Larry
y cc_ A v"K"
From: Nick Borgmeyer <borgmeyer@soa-inc.com>
Sent: Friday, December 14, 2018 9:36 AM
To: Burkhardt, Larry
Subject: RE: Board of Appeals Review
Larry,
Thanks for sharing. I am sure you are aware of Columbia's similar Building Construction Codes Commission
(https://www.como.gov/Council/Commissions/description.pho?bcid=12). For the times we have had to use it, it seems
straight forward and direct.
Zoning related variance and appeals is a wholly separate commission in Columbia.
Nick Borgmeyer, AIA
Architect/Associate
soa
www.soa-inc.corn
2801 Woodard Drive, Suite 103
Columbia, MO 65202
P 573.443.1407
D 573.874.3418 x 203
M 573.619.2652
From: Burkhardt, Larry <LBtirkhardt@jeffcitymo.org,>
Sent: Friday, December 14, 2018 9:24 AM
Subject: Board of Appeals Review
FYI - The City of Jefferson is reviewing a Board of Appeals for building codes. Please see news
article below.
Thanks,
Larry
Larry Burkhardt AIA, P. E.
Building Official
City of Jefferson
320 E. McCarty Street
Jefferson City, Missouri 65101
Phone: 573.634.6387
Fax: 573.634.6457
Email: IburkhardtJa jeffcitymo. orq
1
f�ic c aaa l c l� C nl t, % G
Burkhardt, Larry
From: Jim Dove <moengineering@gmail.com>
Sent: Friday, December 14, 2018 12:55 PM
To: Burkhardt, Larry
Subject: RE: Board of Appeals Review
Hi Larry
If you need volunteers for the board I'd be happy to through my name in the hat.
Jim
From: Burkhardt, Larry [mailto:LBurkhardt@ieffcitymo.orgj
Sent: Friday, December 14, 2018 9:24 AM
Subject: Board of Appeals Review
FYI - The City of Jefferson is reviewing a Board of Appeals for building codes. Please see news
article below.
Thanks,
Larry
Larry Burkhardt AIA, P.E.
Building Official
City of Jefferson
320 E. McCarty Street
Jefferson City, Missouri 65101
Phone: 573.634.6387
Fax: 573.634.6457
Email: lburkhardt("a jeffcituma.orq
Burkhardt, Larry
From: Brian Connell<Brianconnell@connellarchitecture.com>
Sent: Friday, December 28, 2018 11:41 AM
To: Burkhardt, Larry
Subject: RE: City of Jefferson - Building Regulations Board of Appeals Comments
Larry,
I am in favor of an ordinance establishing a Board of Appeals modeled after the provisions of IBC Section 113. It is also a
good idea to appoint alternates for each regular member of the Board to ensure you have a quorum at the hearings.
I believe the most important provisions regarding the actions of the Board are stated in Section 113.2 Limitations on
Authority, where the code states than an appeal can ONLY be based on a claim that:
o the true intent of the code has been incorrectly interpreted;
O the provisions of the code do not fully apply; or
• an equally good or better form of construction (in keeping with compliance alternatives in Chapter 14) is
proposed.
I further recommend that the chairperson be required to recite these provisions at the start of every appeal hearing,
reminding Board members and appellants that the Board does not have the authority to merely grant variances or waive
the requirements of the code.
Good Luck!
Brian Connell
Connell Architecture, P.C.
2311 East Walnut Suite 8
.4 Columbia, Missouri 65201
3 * %� Office 573.875.2455
"1jus.
Fax 573.875.2456
Cell 573.268.6166
-4""^-41,-ick' tutanzoriodI is con n'illdar.'1..clu •.coni
Brian D. Connell, AIA Architect
From: Burkhardt, Larry <LBurkhardt@jeffcitymo.org>
Sent: Friday, December 28, 2018 11:15 AM
Subject: City of Jefferson - Building Regulations Board of Appeals Comments
Earlier this month, a notice was sent about the City of Jefferson discussing a Board of Appeals
(board) for building codes. This discussion is continuing with the City Council Public Works and
Planning Committee, Their next meeting is January 10`r' at 7:30 am and we would like to
provide them with views from interested stakeholders.
A few comments made already are in favor of a board. In looking at City files prior to my hiring
as Building Official four (4) years ago, there were discussions of creating a board. If one is
created, we are thinking of modeling it after the International Code Council's (ICC) version. The
board would listen to appeals to determine if the code was interpreted correctly. It would not be
able to grant variances or waive requirements of the code.
Attached and shown below for your reference is a copy of City Code of how the City of Jefferson
currently directs appeals to the circuit court for judicial review. Also included is an excerpt from
ICC's version of the board.
Burkhardt, Larry
From: mfcrock <mfcrock@vaughanpools.com>
Sent: Friday, December 28, 2018 11:59 AM
To: Burkhardt, Larry
Subject: RE: City of Jefferson - Building Regulations Board of Appeals Comments
Larry Burkhardt;
My opinion, is that there needs to be somewhere that one can turn to, if they are turned down or dismissed for a
particular project.
In todays world of individual bias and personal opinion, there needs an option that one can turn to, if they thought that
they were righteous.
Paralleling ICC's version is a good start for a new board to follow.
Thanks and Happy New Year!
Mike Crocker
Vaughan Pools
From: Burkhardt, Larry <LBurkhardt@jeffcitymo,org>
Sent: Friday, December 28, 2018 11:15 AM
Subject: City of Jefferson - Building Regulations Board of Appeals Comments
Earlier this month, a notice was sent about the City of Jefferson discussing a Board of Appeals
(board) for building codes. This discussion is continuing with the City Council Public Works and
Planning Committee. Their next meeting is January 10`r' at 7:30 am and we would like to
provide them with views from interested stakeholders.
A few comments made already are in favor of a board. In looking at City files prior to my hiring
as Building Official four (4) years ago, there were discussions of creating a board. If one is
created, we are thinking of modeling it after the International Code Council's (ICC) version. The
board would listen to appeals to determine if the code was interpreted correctly. It would not be
able to grant variances or waive requirements of the code.
Attached and shown below for your reference is a copy of City Code of how the City of Jefferson
currently directs appeals to the circuit court for judicial review. Also included is an excerpt from
ICC's version of the board.
Please let me know your thoughts about the City of Jefferson creating a Board of Appeals.
Thanks and have a Happy New Year!
Larry
Larry Burkhardt A1A, P.E.
Building Official
City of Jefferson
320 E. McCarty Street
Jefferson City, Missouri 65101
Phone: 573.634.6387
1
Burkhardt, Larry
From: Cynthia Quelsch <Cynthia@ajchamo.org>
Sent: Friday, December 28, 2018 12:50 PM
To: Burkhardt, Larry
Subject: RE: City of Jefferson - Building Regulations Board of Appeals Comments
I assume the Board is all volunteer. Will there be people with sufficient experience wiling to volunteer?
I assume there is no appeal from the board's decision. Advantage of that is the final resolution is much quicker than
going to the court. No need to involve attorneys. Disadvantage is people may perceive they did not get a neutral review
because the building official is an ex officio member.
How much administrative work will there be to organize the board and track the paper work for appeals? Will the city
counselor be assigned to assist? Who writes the final opinion? Will there be any cost to the person who wants to file
the appeal?
Does this relieve the pressure from the building official by having another knowledgeable layer interpret the code or
does it make it more stressful to have knowledgeable peers review decisions?
With set timelines that should reduce the time it takes for a final decision.
That is all 1 can think of at this time.
Cynthia Quetsch
Executive Director
573-635-6163 ext 216
From: Burkhardt, Larry <LBurkhardt@jeffcitymo.org>
Sent: Friday, December 28, 2018 11:15 AM
Subject: City of Jefferson - Building Regulations Board of Appeals Comments
Earlier this month, a notice was sent about the City of Jefferson discussing a Board of Appeals
(board) for building codes. This discussion is continuing with the City Council Public Works and
Planning Committee. Their next meeting is January le at 7:30 am and we would like to
provide them with views from interested stakeholders.
A few comments made already are in favor of a board. In looking at City files prior to my hiring
as Building Official four (4) years ago, there were discussions of creating a board. If one is
created, we are thinking of modeling it after the International Code Council's (ICC) version. The
board would listen to appeals to determine if the code was interpreted correctly. It would not be
able to grant variances or waive requirements of the code.
Attached and shown below for your reference is a copy of City Code of how the City of Jefferson
currently directs appeals to the circuit court for judicial review. Also included is an excerpt from
ICC's version of the board.
Please let me know your thoughts about the City of Jefferson creating a Board of Appeals.
Thanks and have a Happy New Year'
Larry
Burkhardt, Larry
From: Cary Gampher <cgampher@thearchitectsalliance.com>
Sent: Friday, December 28, 2018 12:59 PM
To: Burkhardt, Larry
Subject: RE: City of Jefferson - Building Regulations Board of Appeals Comments
Thank you Larry. We agree the that the code interpretation should reside with the code official, Likewise, consideration
of a variance or waiver should reside with the Code Official working with the Professional Consultants. All construction,
new or renovation, should incorporate code compliance wherever possible. Thank you for your efforts. Take care.- cg
Cary Gampher, AIA
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From: Burkhardt, Larry <LBurkhardt@jeffcitymo.org>
Sent: Friday, December 28, 2018 11:15 AM
Subject: City ofJefferson - Building Regulations Board of Appeals Comments
Earlier this month, a notice was sent about the City of Jefferson discussing a Board of Appeals
(board) for building codes. This discussion is continuing with the City Council Public Works and
Planning Committee. Their next meeting is January 101h at 7:30 am and we would like to
provide them with views from interested stakeholders.
A few comments made already are in favor of a board. In looking at City files prior to my hiring
as Building Official four (4) years ago, there were discussions of creating a board. If one is
created, we are thinking of modeling it after the International Code Council's (ICC) version. The
board would listen to appeals to determine if the code was interpreted correctly. It would not be
able to grant variances or waive requirements of the code.
Attached and shown below for your reference is a copy of City Code of how the City of Jefferson
currently directs appeals to the circuit court for judicial review. Also included is an excerpt from
ICC's version of the board.
Please let me know your thoughts about the City of Jefferson creating a Board of Appeals.
Thanks and have a Happy New Year!
Larry
Larry Burkhardt AIA, P. E.
Building Official
City of Jefferson
320 E. McCarty Street
Jefferson City, Missouri 65101
Phone: 573.634.6387
Fax: 573.634.6457
1
Burkhardt, Larry
From: Bruce <brucelbax@embargmail.com>
Sent: Friday, December 28, 2018 1:26 PM
To: Burkhardt, Larry
Subject: RE: City of Jefferson - Building Regulations Board of Appeals Comments
Larry, I think a Board of Appeals is a good idea. They could also look at reviewing some of the old codes and up dating
them. The City Code on sanitary and storm water pipe outside buildings could be a good start. Like I told you the other
day there are not many licensed plumbers that can set manholes are lay heavy storm water pipes. Not to many
plumbers have the equipment to dig deep ditches or chip a lot of rock. I do agree inside buildings and services should be
done by licensed plumber. Some day we can discuss this, but I do like the idea of a Board of Appeals, Thanks and have a
great New Year.
From: Burkhardt, Larry <LBurkhardt@jeffcitymo.org>
Sent: Friday, December 28, 2018 11:15 AM
Subject: City of Jefferson - Building Regulations Board of Appeals Comments
Earlier this month, a notice was sent about the City of Jefferson discussing a Board of Appeals
(board) for building codes. This discussion is continuing with the City Council Public Works and
Planning Committee. Their next meeting is January le at 7:30 am and we would like to
provide them with views from interested stakeholders.
A few comments made already are in favor of a board. In looking at City files prior to my hiring
as Building Official four (4) years ago, there were discussions of creating a board. If one is
created, we are thinking of modeling it after the International Code Council's (ICC) version. The
board would listen to appeals to determine if the code was interpreted correctly. It would not be
able to grant variances or waive requirements of the code.
Attached and shown below for your reference is a copy of City Code of how the City of Jefferson
currently directs appeals to the circuit court for judicial review. Also included is an excerpt from
ICC's version of the board.
Please let me know your thoughts about the City of Jefferson creating a Board of Appeals.
Thanks and have a Happy New Year!
Larry
Larry Burkhardt AIA, P.E.
Building Official
City of Jefferson
320 E. McCarty Street
Jefferson City, Missouri 65101
Phone: 573.634.6387
Fax: 573.634.6457
Email: I burkhard r<'J ieffcitym o, ora
City of Jefferson Board of Appeals Discussion
Burkhardt, Larry
From: Andy Bonderer <abonderer@pce-mo.com>
Sent: Friday, December 28, 2018 2:52 PM
To: Burkhardt, Larry
Subject: RE: City of Jefferson - Building Regulations Board of Appeals Comments
I think this would help by taking some the pressure off of you, this isn't just Larry saying this, group of experience peers
agree
From: Burkhardt, Larry[mailto:LBurkhardt@jeffcitymo.orgj
Sent: Friday, December 28, 2018 11:15 AM
Subject: City of Jefferson - Building Regulations Board of Appeals Comments
Earlier this month, a notice was sent about the City of Jefferson discussing a Board of Appeals
(board) for building codes. This discussion is continuing with the City Council Public Works and
Planning Committee. Their next meeting is January 10th at 7:30 am and we would like to
provide them with views from interested stakeholders.
A few comments made already are in favor of a board. In looking at City files prior to my hiring
as Building Official four (4) years ago, there were discussions of creating a board. If one is
created, we are thinking of modeling it after the International Code Council's (ICC) version. The
board would listen to appeals to determine if the code was interpreted correctly. It would not be
able to grant variances or waive requirements of the code.
Attached and shown below for your reference is a copy of City Code of how the City of Jefferson
currently directs appeals to the circuit court for judicial review. Also included is an excerpt from
ICCs version of the board.
Please let me know your thoughts about the City of Jefferson creating a Board of Appeals.
Thanks and have a Happy New Year!
Larry
Larry Burkhardt AIA, P.E.
Building Official
City of Jefferson
320 E. McCarty Street
Jefferson City, Missouri 65101
Phone: 573.634.6387
Fax 573.634.6457
Email: lburkhardtPleffcitymo. ora
City of Jefferson Board of Appeals Discussion
There have been some discussions concerning a Board of Appeals be formed within the City of Jefferson to
review the Building Official's decisions or interpretations concerning the building code. The City of Jefferson
has currently adopted by reference the 2015 International Code Council (ICC) series of codes for construction
Burkhardt, Larry
From: Burkhardt, Larry
Sent: Friday, December 28, 2018 3:34 PM
To: 'shawn@cros-gc.com'
Subject: Follow-up on modifications to Building Code Appeals
Shawn:
Perhaps the Board of Appeals (or circuit court) will have the same authority to modify as the
Building Official position. The following is out of Chapter 1 of the building code:
IAl 104.10 Modifications. Where there are practical difficulties
involved in carrying out the provisions of this code, the
building official shall have the authority to grant modifications
for individual cases, upon application of the owner or
the owner's authorized agent, provided that the building official
shall first find that special individual reason makes the
strict letter of this code impractical, the modification is in
compliance with the intent and purpose of this code and that
such modification does not lessen health, accessibility, life
and fire safety or structural requirements. The details of
action granting modifications shall be recorded and entered in
the files of the department of building safety.
I guess it depends on who is in the position. A group of peers to consult or review instances
would be helpful at times for modifications.
Thanks for your help,
Larry
Larry Burkhardt AIA,
Building Official
City of Jefferson
320 E. McCarty Street
Jefferson City, Missouri 65101
Phone: 573.634.6387
Fax: 573.634.6457
Email: lburkhardt(3jeffcitymo. orq
t
Burkhardt, Larry
From: Gary Wisch <GaryW@Delongsinc.com>
Sent: Monday, December 31, 2018 8:02 AM
To: Burkhardt, Larry
Subject: RE: City of Jefferson - Building Regulations Board of Appeals Comments
Larry,
In general, I think a Board of Appeals for building codes is a good idea. I'm curious, however, about how the discussion
originated. Is the current system not working well? If it's not, who is dissatisfied, the building officials, contractors and
developers, or the court system?
Seems to me that a board of "experts" in the field would be preferred over going to the circuit court for review.
If you need anything else from me, let me know.
Thanks,
Gary W. Wisch, P.E.
Vice President, Engineering
GaryW udelonesinc.corn
DeLong's, Inc. 1 Pride in our people. Pride in our products.
301 Dix Road 1 Jefferson City, MO 65102
office: 573.635.6121 Ext. 12721 cell: 573.680.05841 fax: 573.635.9101
Website: www.delonusinc.com
,LACERTIFIED
ti FABJ CALOR
L_ 11__4
Major Steel Bridge
Sophisticated Peint Endorsement
Frer_tureCiiticei Endorsement
Since 1944
NationiA Eked Bridge Jllierrce
Checker Member
From: Burkhardt, Larry <LBurkhardt@jeffcitymo.org>
Sent: Friday, December 28, 2018 11:15 AM
Subject: City ofJefferson - Building Regulations Board of Appeals Comments
Earlier this month, a notice was sent about the City of Jefferson discussing a Board of Appeals
(board) for building codes. This discussion is continuing with the City Council Public Works and
Planning Committee. Their next meeting is January 10th at 7:30 am and we would like to
provide them with views from interested stakeholders.
A few comments made already are in favor of a board. In looking at City files prior to my hiring
as Building Official four (4) years ago, there were discussions of creating a board. If one is
created, we are thinking of modeling it after the International Code Council's (ICC) version. The
board would listen to appeals to determine if the code was interpreted correctly. It would not be
able to grant variances or waive requirements of the code,
Attached and shown below for your reference is a copy of City Code of how the City of Jefferson
currently directs appeals to the circuit court for judicial review, Also included is an excerpt from
ICC's version of the board.
Burkhardt, Larry
From: Daniel Klindt <danklindt@gmail.com>
Sent: Tuesday, January 01, 2019 11:50 PM
To: Burkhardt, Larry; Heath Clarkston
Subject: Re: City of Jefferson - Building Regulations Board of Appeals Comments
Thanks Larry, Heath and I are working on this, we will most likely be at this meeting.
Dan
On Fri, Dec 28, 2018 at 11:18 AM Burkhardt, Larry <1,Burkhardrr«ajelicitvmo.oril> wrote:
Earlier this month, a notice was sent about the City of Jefferson discussing a Board of
Appeals (board) for building codes. This discussion is continuing with the City Council
Public Works and Planning Committee. Their next meeting is January 10;`' at 7:30 am
and we would like to provide them with views from interested stakeholders,
A few comments made already are in favor of a board. In looking at City files prior to
my hiring as Building Official four (4) years ago, there were discussions of creating a
board. If one is created, we are thinking of modeling it after the International Code
Council's (ICC) version. The board would listen to appeals to determine if the code was
interpreted correctly. It would not be able to grant variances or waive requirements of
the code.
Attached and shown below for your reference is a copy of City Code of how the City of
Jefferson currently directs appeals to the circuit court for judicial review. Also included
is an excerpt from ICC's version of the board.
Please let me know your thoughts about the City of Jefferson creating a Board of
Appeals.
Thanks and have a Happy New Year!
Larry
Larry Burkhardt AIA, P. E.
1
Burkhardt, Larry
From: Burkhardt, Larry
Sent: Wednesday, January 02, 2019 2:29 PM
To: 'Rodney S.'
Subject: RE: City of Jefferson - Building Regulations Board of Appeals Comments
I would think so...our Board of Adjustment has a $200 fee...Columbia's Construction Council has
a $120 fee that is refundable if they show up...
Thanks,
Larry
From: Rodney S. [mailto:rodneys@hgbutzer.com]
Sent: Wednesday, January 02, 2019 2:17 PM
To: Burkhardt, Larry
Subject: RE: City of Jefferson - Building Regulations Board of Appeals Comments
Do you think a fee associated with an appeal be acceptable?
Rodney Schulte
Project Manager
Harold G. Butzer, Inc.
721 Wicker Lane
Jefferson City, MO 65109
0(573)636-4115
C(573)619-8511
rodneys@ hgbutzer.com
From: Burkhardt, Larry <LBurkhardt@jeffcitymo.org>
Sent: Wednesday, January 2, 2019 8:53 AM
To: Rodney S. <rodneys@hgbutzer.com>
Subject: RE: City of Jefferson - Building Regulations Board of Appeals Comments
Rodney:
It would be good to have other professional opinions...hopefully it would be during design in lieu
of construction...I tell the inspectors that they have to point to a code section for us to
enforce...the contractors always have a right to request that option of where is it in the code..
As for frivolous appeals, we'll have to see what happens...
Thanks,
Larry