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HomeMy Public PortalAbout2020-03-12 packetNotice of Meeting & Tentative Agenda City of Jefferson Public Works & Planning Committee Thursday, March 12, 2020 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 February 13, 2020 Committee meeting minutes 3) New Business 1. Anderson Engineering Report (Britt Smith) 2. 2020 Mill and Overlay List (Britt Smith) 3. Bicentennial Bridge (David Bange) 4. Amending Chapter 32 of the City Code (David Bange) 5. 2019-2023 CDBG Consolidated Action Pian Amendment (Katrina Williams) 4) Citizen opportunity to address Council/Staff on Stormwater and Other Public Works Issues 5) 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. DEPARTMENT OF PLANNING AND PROTECTIVE SERVICES MEMORANDUM TO: Public Works and Planning Committee THROUGH: Sonny Sanders, Director of Planning and Protective Services FROM Katrina Williams, Interim Neighborhood Services Planner DATE March 12, 2019 RE: Amendment to CDBG 2019-2023 Consolidated Action Plan The City of Jefferson receives annual federal funding from U.S. Department of Housing and Urban Development (HUD), Community Development Block Grant (CDBG) Program. Participation in this funding. program requires the City to create and maintain a five year strategic plan. The strategic plan for Jefferson City is the CDBG 2019-2023 Consolidated Action Plan. The Plan helps the City of Jefferson assess affordable housing and community development needs, evaluate market conditions, and make data -driven, place -based investment decisions. The Plan serves as the framework to identify priorities and allocate CDBG funding accordingly. The City Council adopted the 2019-2023 Consolidated Action Plan via Resolution 2019-4 on August 5, 2019. Over the past year, the City has had natural disasters, including flooding and the May 22, 2019, EF3 tornado, that have impacted housing and development in Jefferson City. With input from the community, staff have identified a need to amend the Plan to utilize CDBG grant funds for disaster response and aid in long term recovery activities. The proposed amendment includes language that addresses the following; • Pre -disaster planning and reallocation of priorities in times of Presidential Disaster Declaration • Supporting activities of Community Housing Development Organizations • Tax Foreclosed Housing (In Rem) A public meeting was held on February 27' , 2020, in the City Hall Boone/Bancroft Conference Room. Copies of the proposed amendment to the CDBG 2019-2023 Consolidated Action PIan were made available at City Hall, The administrative offices of the Public Housing Authority, the Missouri River Regional Library and on the City's website at www.jeffersoncitymo.gov. The budget amounts for 2019-2023 have not changed. The 2020 Allocation has not been received. The following table depicts the proposed budget with 2019 allocation and NSP PI funds. Addressed Budget i))me (# Assisted) Down Payment Assistance Minor Home Repair Infrastructure Improvements Demolition Affordable Housing Sustainable Housing Preserve & Improve Area Neighborhoods; Economic Opportunities Removal of Slum & Blight; Economic Opportunities $56,078 $15,198 (PI $15,000) $69,567 20 Households (NSP PI $32,393) (Originally 11) $18,593.00 (PI $15,000) (NSP PI $14,704.38) 9 Households (Originally 6) $112,541 $96,607 3,000 Individuals $45,000 $40,000 2-3 Buildings Administration $57,204 $67,966 (20% Cap) Total: 8286,021 (2018. allocation) 8292,733 + 847,097.38 NSP PI (3% increase) 8339,830.38 Total CDBG & NSP Comments on the proposed amendment will be taken through March 30, 2020. Written comments should be submitted to jcplanning@jeffcitvrno.org with subject line of 2019-2023 Consolidated Action Plan, or mail to: Department of Planning & Protective Services, Neighborhood Services Division, John G. Christy Municipal Building/City Hall, 320 E McCarty Street, Jefferson City, MO 65101. The proposed amendment will be presented to City Council during the April 6, 2020 Council meeting, and be considered for approval via resolution. Pending approval by City Council, it is anticipated that staff will submit the amended CDBG 2019-2023 Consolidated Action Plan to HUD on or before April 17, 2020. Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573.634.6562 • www.jeffersoncitymo.gov Date: March 6, 2020 To: Public Works and Planning Committee From: David Bange P.E., City Engineer 7V-6 Subject: Revisions to Chapter 32 of the City Code Staff is requesting that the Committee review the proposed changes to Chapter 32 of the City Code and recommend them to the City Council for approval. In May of 2019 the Committee was presented with a number of proposed changes to Chapter 32 of the City Code. Since that time the proposed changes have been reviewed internally and further refined. A summary of the major changes are enumerated below: Existing Article I — This section has been moved to Article VIII and received some minor changes including the removal of references to misdemeanors, removing the section on pedestrian control signs which is already covered in Chapter 19 of the Code, and the removal of the section pertaining to water utilities. Changes were also made to privately owned lights, and the lighting of obstructions on the street. Proposed Article I — Livable Streets: In 2011 the Council passed by resolution a Livable Streets Policy which indicated that the City shall consider standards, regulations, and ordinances that further the ideas of Livable Streets. This section is a reflection of the principles outlined by that resolution. Existing Article II — Except for the section pertaining to Special Assessments which was moved to Article VII, the whole of this article was deleted since this language has long since been replaced by the Purchasing Code of Chapter 26-A. Proposed Article II — This is what had been Article III pertaining to street improvements. The major change to this article includes the removal of the specific construction and material specifications for street construction and replaces them with a reference to the Standard Construction Drawings and Technical Specifications. This eliminates discrepancies between the documents and allows for updates as the construction industry and products change. It also removes language that pertains to the bidding process as this is now covered in Chapter 26-A of the Code. Proposed Article III — This article pertains to sidewalks, and had been Article IV. As with the article on streets the construction and materials section was replaced with references to the Standard Drawings. Deletions have been made to the responsibilities of owners and one section of the deferral process, as well as language that is now covered by purchasing. The Sidewalk Repair Program and the U:\Public Works\Engineering\dbange\PUBLIC WORKS & PLANNING1202013-20201Chapter 32 Code Changes.docx Memorandum Neighborhood Improvement Program which had been separate articles have been made divisions within this article with minor changes to the former pertaining to the required budget actions by the Council. Article IV — This article pertains to excavations within the right of way. Apart from minor changes to the permitting process the main change is the removal of all technical requirements enumerated in the Code and their replacement with reference to the Standard Construction Drawings as was done with the articles on streets and sidewalks. Proposed Article V — This was Article VI and deals with driveways and curb cuts. As with many previous articles the construction requirements have been removed from the Code and replaced with the standard construction drawings. The driveway widths have been updated to match what is allowed by Chapter 33 of the Code. Antiquated processes regarding permitting have been modified or removed. Proposed Article VI — Ancillary Uses: this article combines what had been a number of separate articles within the Code into a single article since they all pertain to special uses of the right of way and infrastructure. Apart from being moved and rearranged no changes were made to the language now contained in this section. Proposed Article VII — As indicated previously Article VII pertains to special assessments and remains the same except for its location within the chapter. Proposed Article VIII — Apart from the modifications indicated previously this is for the most part what had been Article I. You may recall that in November the Committee was made aware of the impending issuance of revisions to the Standard Construction Drawings. These revisions were published and made effective on January 1, 2020. The technical specifications were also revised and released on that date. The development of those two documents went hand in hand with the changes that have been proposed within Chapter 32 of the Code. This means that the construction and material specifications contained within the current Chapter 32 are at odds with what is contained in the standard drawings and technical specifications. This is not a new phenomenon but is now more pronounced given the continued aging of the code language. Approval of these changes will also create the need to revoke Ordinance 7438 which set the previous standards for drive approaches and driveways. In the attached code document proposed language is shown in Blue Underline, deleted language is shown in Red Strikethrough or Italic Strikethrough, and relocated language is shown in Italic. If you have any questions I can be reached at 634-6433. DB:db U:IPublic Works\EngineeringldbangelPUBLIC WORKS & PLANNING1202013-2020\Chapter 32 Code Changes.docx RESOLUTION RS 2011-33 Sponsored by Councilman Scrivner A RESOLUTION OF THE CITY OF JEFFERSON, MISSOURI ADOPTING A LIVABLE STREETS POLICY WHEREAS, the City of Jefferson is committed to providing a safe, comfortable, efficient, and connected transportation network for all users; and WHEREAS, everyone is a pedestrian, but youth, older citizens, and citizens with disabilities often rely on non -motorized modes, transit, and mobility aids to meet basic transportation needs; and WHEREAS, the City desires to promote public health by encouraging walking and bicycling as part of active living; and WHEREAS, the City desires to promote not only quality of life for residents, but quality of place for tourists and visitors to the Capital City, irrespective of mode of travel, realizing that all will benefit from complete or "livable" streets; and WHEREAS, the City previously adopted the Jefferson City Sidewalk Plan, which recognizes the contribution of sidewalks to the transportation network. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Jefferson, Missouri, as follows: Section 1. Title This policy shall be known as the "Livable Streets Policy." Section 2. Purpose. The Livable Streets Policy sets forth guiding principles and practices to be considered in transportation projects, so as to encourage walking, bicycling, and transit use while promoting safe use and operations for all users. Section 3. Definitions. Livable Street — means a transportation corridor for all users including pedestrians, bicyclists, transit riders, cars, trucks, motorcycles, and buses. "Livable Streets" are designed and operated to safely facilitate movement of 1 people of all ages and abilities from destination to destination along and across a continuous travel network. Livable Street Elements — means transportation improvements, facilities, and amenities that accommodate and/or promote multiple modes of travel, including pedestrian, bicycle, and transit in addition to cars, trucks, motorcycles, and buses. These elements are defined and recognized by the Institute of Transportation Engineers and the American Planning Association. Public Improvement Project — means new roads, trails, sidewalks, and facilities or reconstruction thereof, as well as private improvement projects constructed and/or maintained in whole or part with City funds, owned or leased by the City and/or intended to be dedicated to the City. Section 4. Applicability. 1. This policy applies to the design, construction, and maintenance of Public Improvement Projects. 2. The City shall consider public plans, standards, regulations, and ordinances that further this Policy. Section 5. Guiding Principles. Guiding principles and practices of the "Livable Streets Policy" are as follows: 1. "Livable Streets" are designed to serve everyone — pedestrians, bicyclists, transit riders, and motorists — and persons of all ages and abilities. 2. The design and construction of all Public Improvement Projects should include Livable Streets elements identified in and required by the following plans, except as limited by Paragraph 3, below. a. Public plans; b. Capital Improvement Plan adopted by the City Council; c. Development codes and ordinances. 3. Livable Streets Elements should be considered within the balance of mode and context of the community, including, but not limited to, environmental sensitivity, cost, budget, demand, probable use, space, and area requirements and limitations, and legal requirements and limitations. 4. The City intends to incorporate Livable Streets principles into all public strategic plans, standards and regulations, and subsequent updates, including a. Comprehensive plan, neighborhood plans, Greenway Plan b. Development related codes and ordinances, including the Zoning Code, Subdivision Code, and other relevant codes, c. Capital Improvement Plans adopted by the City Council d. Design manuals, e. Policies, practices, procedures, programs, rules, and training, as directed by the City Administrator 5. It is a goal of the City to foster partnerships with the State of Missouri, Cole County, Callaway County, Capital Area Metropolitan Planning Organization, Lincoln University, public and private schools, neighborhoods, businesses, and citizens in consideration of functional facilities and accommodations in furtherance of the City's Livable Streets Policy, and the continuation of such facilities and accommodations beyond the City's borders or maintenance. 6. The City recognizes that Livable Streets may be achieved through elements incorporated into a single project or incrementally through a series of improvements or maintenance activities over time. 7. The City will consider possible funding sources to plan and implement this policy and shall investigate grants that may be available to make Livable Streets more economically feasible. Section 6. Livable Streets Summary. 1. A summary or description of the Livable Streets Elements of all Public Improvement Projects shall be included in: a. The Capital Improvements Plan; and b. The development review report of any private development plan that requires City Council approval. 2. If a Livable Streets Element identified in and required by adopted public plans or development related ordinance is not incorporated into the project, such omission shall be documented in the Livable Streets Summary that demonstrates: a. That the accommodation is not necessary because non -motorized use is prohibited; b. That the cost of accommodation is excessively disproportionate to the need or probable future use; or c. A documented absence of current or future need. d. Documentation shall be conducted by appropriate staff; or for private projects, the owner shall conduct the documentation. e. The documentation shall be submitted to the City Administrator and/or the City Council, as appropriate, for consideration prior to approval of project design. 3 Section 7. Livable Streets Advisory Board. A Livable Streets Advisory Board shall be established. ATTEST: Adopted this 21St - - , of November, 2011 17/ mi / City Jerk Eric J. rue ayor APPROVED AS TO FORM: Interim City Counselor 4 Chapter 32 = STRFETSL-A #D SIDEWALKS, AND RIGHT-OF-WAYIr1 Footnotes: --- (1) --- Cross reference— Definitions and rules of construction generally, § 1-2; certain ordinances relating to streets saved from repeal, § 1-3{3}, posting of bills or notices on public property, § 18-225 placement or operation of mechanical amusement devices on City property, § 18-226, benchmark and grades, § 25-1, street and house numbering, § 25-31 et seq., stormwaterlfloodpiain management, ch 31 State Law reference— General authority over streets, sidewalks, etc RSMo § 77.520. ARTICLE f. - GENERALLY Sec. 32-1. Intent and Purpose The public right-of–way shall provide for a safe, efficient, connected, integrated, and accessible transportation network for users of all ages and abilities including motorists, transit users, bicyclists, and pedestrians that enables mobility, promotes economic vitality, supports healthy and connected living, and is a source of civic pride. Sec. 32-2. Definitions Livable Street – means a transportation corridor for all users including, but not limited to, pedestrians, bicyclists, transit riders, cars, trucks, motorcycles, and buses. "Livable Streets" are designed and operated to safely facilitate movement of people of all ages and abilities from destination to destination along and across a continuous travel network. Livable Street Elements – means transportation improvements, facilities, and amenities that accommodate andlor promote multiple modes of travel, including pedestrian, bicycle, and transit in addition to cars, trucks, motorcycles, and busses. These elements are defined and recognized by the Institute of Transportation Engineers and the American Planning Association and may include, sidewalks, side paths, crosswalks, transit turnouts, transit shelters, bike lanes and bike paths, lighting, landscaping, curb extensions, calming devises, and street side amenities. Public Improvement Project – means new streets, trails, sidewalks, crosswalks, cycling infrastructure and facilities or the reconstruction thereof, as well as private improvement projects constructed and/or maintained in whole or part with City funds, owned or leased by the City or intended to be dedicated to the City. Sec. 32-3. Applicability Livable Streets Elements shall be considered in the development of all public improvement Projects including: A. Capital Improvement Plans; and B. The plans of any private development that require City Council approval or which include improvements on the right of way. Sec. 32-4. Guiding Principles Livable Streets Elements should be considered within the balance of mode and context of the community, including, but not limited to, environmental sensitivity, cost, budget, demand, probable use, space and area requirements and limitations, and legal requirements and limitations. The City recognizes that Livable Streets may be achieved through elements inco porated into a single project or incrementally through a series of improvements, or maintenance activities, or over time. Sec. 32-5. Requirements If a Livable Street Element identified in or required by an adopted public plan or development related ordinance is not incorporated into the public improvement or development, such omission shall be documented and shall demonstrate: A. That the accommodation is not necessary because the proposed use is prohibited:. B. That the cost of accommodation is excessively disproportionate to the need or probable future use: or C. A documented absence of current and future need. Documentation shall be produced by appropriate City staff or their consultants for CIP projects or for private projects, the owner or his consultant shall provide such documentation. The documentation shall be submitted to the City Administrator or his designee for approval or denial prior to project approval. Secs. 32-6 32-9. Reserved ••e -E-N--GON^-R ; -TS AND PROGEDUF;T„'—G-EN-E-RAt Sec. 32 24. Construction contracts and bonds. Every contrast-for-aerk-oonteaaplated in -t ts-chapter-shall-st=ate-that-the work shall be dere under-the-superpision-of-the Director-of-P-ublis VAtorks, and-ireaccordance-with the -provisions -of -this -Code and other ordinances covering such work and -the -plans and specifications -therefor. The contract shall -be made in duplisatc and--signed-by-t#e-Mayor-irw-behalf-of-thn C—and-filed-n-tbe-office of the City Clerk. The contract shall-specify-howthe payment for -the -work shall-be--made-and-when theme tfor the work shall be made. When--tae-pay ►en is-te be made in-spestal tax bills, the contract shall stipulate that the -City -shall -under no-circumstances—be—liable—to-pay-for the -work; -except by -special tax bius The contr-astor-shall-be-required-to execute a bond -to -the City -with -approved secur-ity4n-an meant-at-leastas much as the ostimated-cost-ofthe-work, conditioned -that -the -ser -tractor -shall faithfully perform all -the conditions and -obligation s of the contract and--that-in the -doing of -the -work, the-sont sten-will-eamply-with the -laws -of -the -State and -this Code -and -other ordinances of the Cit + elative-hereto; and save the City harmless from -all damagesthatmay be caused -to -persons or properly -bye--the-Go4 actor in the -doing -of th-e won and, that- he-cantr-aster shall pay for--all-labor-ana to als-employed or used in the -work provided -for in-such-sontr-act;-The contractor ;hall-Rot-be-permitted-to-perf- _ __ - - _ratil such -bead -shall -lave been -duly executed and approved. In cases where any provision of this Code -or any other ordlnanse-providing-fen-any- treet-improvame t provides that -the -contractor shall guarantee that the -work will -last for a definite pc -iod-o time, and -hat sash -work shall be -kept -in repair, -the -contractor shall -also -be -rept iced to execute an additional bond by -a -solvent -surety company-to4he-Gity-+ri-an-amount at least one third -of -the -amount of-theest+mated-oost-of-the work conditioners -in accordance with -the requlremcnta of -Bush -prevision-ot-th-is Code or-other-ar finance-with-reference-te-rr+aintenance. ATI contracts -and bends shall -be prepared -by -the City Coancclor-and,-after being executed,--must-be submitted -to -the City Couno -for their approval. 14 the CGURG I disapproves of -any contract -or bond, another "e �o„d-ereentfact, in -aboard -once -with the demands -of the Coonsit, shall be immediate4y prepared b,, C�t� z, QQunselar in 1the one whish--has-beeR4isapproved. Contrasts -or -bonds approved by the -Council -lay -motion duly -adopted - (Code 1977, § 33 33; Ord. No. 13301, 11 5 2001) Sec. 32 25. Contractors to car=ry ,i-ahilir r- waa,Ge- Contreetors who-de--work-for-tae-City-shall be -required to takeout or carry liability -insurance -ire aesordanse-with-T-he Workers' Compensation -Law - (Code -1977, § 33 31) Stittel,aw-reference The Workers' Compensation Law, kSMo ch. 287. Sec. 32 26. Contractor to pay for City engineering 5erviccs. A. Whenever the--Couaeik-shall-let a-contractfor-public-work under competitive -bidding, the susoessful bidder -shall -pay -to -the -City Clerk -the following sums or amounts for engineering servtioes p d by -the Depa+ cent-ef-P blio-Works. 1. A contract for street improvements, street re.airs or recon strustien work, two percent o1 the amount of the -bid - 2. Upon -a contract for -tie ao11t41-1+a€lo t building, repair, -reinforcement-or construction of a cewe� two--pereen%n. ofthe-a-moirnt-of the-biiro- 3. Upon contracts for all other public works for which-services-have-been-perfermed by -the Department -of Public Works; -two -percent of the amount of the bid. B. The amount -specified- in -subsection A -of -this cestion-shall be-paid-te-tb- bills -are -issued or any money paid by -the -City -to -the contraeter--for-tire-work done -lo tax bills shall be delivered to the contractor, and no money shall be-paid-to-the-eontraetor, until -tie entire amount due-ueder--suoh-eor traet for -engineering :lues shall ave been paid to the City Clerk - Secs. 32 27 32 37. Reserved. DIVISION 2. ARTICLE Ill. - STREET IMPROVEMENTS DIVISION 1. - GENERALLY Sec. 32-10. — Construction Standards The Public Works Director is authorized to promulgate the Standard Construction Drawings and the Technical Specifications for the City of Jefferson and to update said drawings and specifications as deemed necessary. All construction within the public right of way, and any construction which will be turned over for .ublic maintenance, shall adhere to the standard details contained in the City of Jefferson Standard Construction Drawings and Technical Specifications of the City of Jefferson. cations. The -materials used-ie44e-sonstrustiof-of-oonsretc paving idewa-Ik&-curbs-and-gutters, in additsor4 tip -the -requirements set -out -in -the rd noes -effecting -the respestive-tmprovements, shall-cenforrn to th-e fellow+ng-regulat+on s A---he—oe ent shat -1- eet the- requirements of -the standard speoifieations-for-Portland cement; adopted- by the American-Seciety-for Testing Materials es of the --adoption date--of-this--Code. When -the seine. t -is -riot inspected at the -place -of rnaaufasturve;-it shall be stored a sufficient length of time -to permit he-;Tn , etion and testing. The -Department -of Public Works shall be notified of the receipt of ach shipment of cement. B. Fine aggregate shall consist of sand or screenings from clean- hard, durable crushed rosl4-or g4ave-I-consisting of q artzite grains or other equally ha_ • _ - . _ . - _ _ t� e, with the coarse particles p onai g, -anal passinF,}.�AFl�en-tr i -screen -having eni f�-fe #h-iReh epenings-lt-shall-be- elean-hard, and -free from dust, loam, vegetable or other deleterious matter. Not mefe-thaw-20-perser -shall pass a sieve having 50 m- - mere -than five -percent shall pass a ci- -• _ : ! ! •• • - per linear inch. Fine aggrega-te containing more than three percent of C3y--or -1 #all -be shed -defer -using. F-ine agg-mate s H1be of su - • ••ortar composes of ono percent Portland Cement afrd-�h no to tar- e-rne4 r -of -the same consistency made with tf►e-same-cennefi-t-and-standard-Ottaw and4n no case chill fine aggregate containing frost or - l be used - G -Searle age r-egate-shatl--consist of clean, -hard;-durable crushed rock or washed gravel, graded free from dust, lean -vegetable -car other --deleterious matter and -shat} -certain no soft, flat -or elongated partielcs. T-he-Sizeof coarse aggregate-sh-ala- bc-such-as to pass a one and one half inl-round-epen-ing and -be -retained on a screen ha -""mac quarter inch openings. In mase shall searse-aggregate contain • - - • _ _ • • _ - :c used. P1--Nut-✓-mined aggregate -shall net -be used -as -it -comes from -deposits -but -shall -bo -screened and used as specified. Water shall be clean, free from -oil -acid ai alior-vegetable-nattee F. Concrete pavements 20 feet or more in width shall be reinforced with -err eta a es -All mr,-essive rust, scale, paha shall tend to destroy -the bond. All reinforcements shall develop an ultimate tensile strength of not I- .• . !:e _:. • e per square -inch and -bend t., 180 degrees around--ene-diameter end s ain�n-witheut fracture. (Code 1977, § 33 16; Ord. No. 13301, 11 5 2001; Ord. 11977, § 5, 5 21 2012) Secs. 32 55 32 66. Reserved. DIVISION 2. - COUNCIL RESOLUTION, ETC. Sec. 32-6-'11. - Generally. When the City Council shall deem it necessary to pave, macadamize, gutter, curb, grade, oil or otherwise improve the roadway of any street, avenue or alley or other highway, or any part thereof, or to repave or reconstruct the same, for which a special tax is to be levied as provided in this article, the Council shall, by resolution, declare such work or improvement necessary to be done, and shall cause plans and specifications for such work and improvement, together with an estimate of the cost thereof, to be prepared by the Director of Public Works and filed with the City Clerk, subject to the inspection of the public, and shall cause such resolution to be published in the newspaper doing the City printing, for two consecutive insertions in a weekly paper or seven consecutive insertions in a daily paper. If a majority of the resident owners of property liable to taxation therefor at the date of the passage of such resolution, who shall own a majority of the front feet owned by residents of the City abutting on the street, avenue or alley proposed to be improved, shall not, within ten days thereafter, file with the City Clerk their protest against such improvements, the City Council may, by ordinance, provide for the making or construction of such improvements and shall have the power to cause a contract to be left for such work or improvements. (Code 1977, § 33-13; Ord. No. 13301, 11-5-2001) State Law reference— Similar provisions, RSMo § 88.520. Sec. 32-6812.- Streets, etc., not more than 1,200 feet in length. A—When the City shall deem it necessary to pave, macadamize, gutter, curb, grade or otherwise improve the roadway of any street, avenue or other highway not more than 1,200 feet in length, so as to connect with paved, macadamized, curbed, graded or improved streets at both ends on the same or other streets, the Council shall, by resolution, declare such work necessary to be done and shall cause such proceedings to be had as in section 32 6711; except, that no protest may be filed. The resolution shall be passed and published as provided for other resolutions in this article and shall state the fact that anyone desiring to do so may appear before the Council, at the place and at a time certain specified in such resolution, and be heard on the question of the necessity of the work sought to be done. At such time and place the Council shall convene in regular or adjourned session and hear anyone who desires to be heard on such question and shall thereafter by resolution state the result of such hearing to be a reaffirmation of the necessity for the doing of such work or the contrary, as the fact may be. If no one appears or the Council reaffirms the necessity of the doing of such work, the Council shall proceed under the terms of sections 32 67 11 and 32 69 -in the same manner as is therein provided when the abutting resident owners fail to file a sufficient protest. The work shall be done in the same mariner and constructed of the same materials as one or both of the improvements on the streets, avenues or highways to be connected, and only such work may be done as will connect similar work on such streets, avenues or highways. B.—Subsection A shall-net-apply-te-any--extensien-of West-MGGarly-StFeet-to-be-made-ever, upon-er through Lot Number -7 of Vista Place Addition -and -for any such-extension--of-Wes-McGa treet ovor or through such lot anal the improvement thereof, the City Council shalt-pFeceed-der the previsions -of -sectio^, -67, so as-te—vide for an, -effective -protest by -resident owners of property liable to taxation -therefor. (Code 1977, § 33-14) Sec. 32 69. Advcrti:; ig for ,^d ng -bids; -awarding contracts. When the City Council-shall-enaot-ah-erdinance providing for the making of -any -of -the -improvements mead^ ed--in-seen _ _ _ _ - ---City Clerk, uhlcs,.-ethcr ise-directed-by the -Council, shall iMr4e4 ately-thereafter-advertise for bids for e-deing-ef-the work in the -newspaper -doing -the -City printing. Such-advertisement—shall—be published -for at least-ene-week-and shall briefly state the kihd-of work to be -dr e, the tion -which bids -will be -received, how payment -will -be -made and when and where the -bids will be -opened. The -Clerk shall -require that -each -bidder -accompany his bid with --a certified check on some— ity-banl r-sash-nnaamount-deemed sufficient by the City CouFIail, upar+ recommendation by the-Director-of-P-ublic Works, te--guarantee tc at he wi ecute-a-eaRtract with the City for the doing of the work; -if -the contract is awarded—to—him—In—the-advertisement for -lids the tiler h 11 state the amount of -the -de 4-fiat—ill be required A bids receiver'e b vier shall -be opened by him in -the presence of 4h�he-Go; cil at the-far--st eeting-of-the-Cou-ns l -after the -receipt -of -the bids, unless otherwise ordered -by -the Council T- e-Qouncil shad -have -the -power to reject all -bids deemed unsatisfactory where-the--bids-for the -work are above the estimated --cost. In all cases where -no -bids are received, upon -advertisement therefofror where -those received are rejected, the -Clerk shall -immediately readvertise-for-bids-unless-otherwise-directed-by the Council. Ail such contrastc--sllafl be awarded -to -the lowest and -best bidder. The acceptance of a bid shall be construed as the awardin bid -may -be -accepted and contract -awarded -by -motion -duty -adopted -by the Council - (Code 1977, § 33 15; Ord. No. 13301. 1 1 5 2001) . - --c--enacts, RSMo § 85.520. Secs. 32-13 — 32-19. Reserved Secs. 32 70 32 80. Reserved- ARTICLE Vlll. - CONSTRUCTION OF SIDEWALKS, CURBS, ETC. DIVISION 1. - GENERALLY Sec. 32-20. Sidewalks. Sec. 32 81.—W+dt14 and grade- All sidewalks to be constructed in the City on right of way, easement, or on private property to serve the general public shall be constructed and installed in compliance with the Standard Construction Drawings and Technical Specifications promulgated by the Director of Public Works. shall -beat -least -four feet wide on local streets and at least five feet -wide on-of-ethe treet&, except -as- e otherwise provided by this Code or by other ordinances-and-have-a-cross-slepe no -more than two percent-er-one- fourth inch -to -tie --feet (Code 1977, § 33-27; Ord. No. 12980, § 2, 9-20-99) Sec. 32 82. Construction and material specifications Sidewalks. All sidewalks in the-G-ity-shall be -G +cted-and- nstaFlled-4n compliance-wit14 City specificati ns end design-standards-promuigated-lay-t,",ems;, for -cif Rublic-Works. Concrete sidewalks shall be not locs than four -inches in thiekness a hall-be-plase4d on -well compacted-su grade. The concrete used shall sen€orrn to the -six sacks -of -cement -per s is -yard of -U e-GonGrete design mix -en -file with the -Department of -folic Works. .. . Sec. 32-8321. Construction and material specifications—Curbs and gutters. All curbing and guttering in the City shall be constructed and installed _in compliance with the standard construction drawingspromul ated by the Director of of-concrcte—Curb and gutter -shall not be lees than six inches thick and shall -beteg inshoc wide,-nsl+4ding-the-six-inch-vertical curb. Contraction joints -shall be installed-every-ten-feet—Concrete for-Gur-b-and-gutter--sl4a1I conform to the 6.5 sacks -of Gement petard of concrete design -mix -en file --with the-Depa�*� o f Public Works. (Code 1977, § 33-29; Ord. No. 13301, 11-5-2001) Sec. 32-8422. - Supervision by City; construction and repair to be at property owner's expense. All sidewalks constructed in the City shall be constructed under the supervision and direction of the Director of Public Works. (Code 1977, § 33-30; Ord. No. 13301, 11-5-2001) Sec. 3223. - Removing stakes or laying sidewalk on improper grade. Any person in the City who shall remove or otherwise interfere with the stakes or other markers set by the Director of Public Works to designate the grade for a sidewalk, curb, gutter or other street improvement, or any person who shall construct or cause to be constructed in the City a sidewalk, curb or gutter on a grade other than the grade previously designated by the Director of Public Works, shall be deemed guilty of an offence. a— isdemearae (Code 1977, § 33-32; Ord. No. 12939, § 1, 6-21-99; Ord. No. 13301, 11-5-2001) Secs. 32-8624-32 9729. - Reserved. DIVISION 2. - DUTIES AND RESPONSIBILITIES OF PROPERTY OWNERS Sec. 32-9830. - Generally. It is hereby made the duty of every property owner having property abutting on a public street to place and maintain a good and sufficient sidewalk and curb along such street and abutting the property, when and as directed by the Director of Public Works in conformity with policies and procedures approved by the City Council. The Director shall require sidewalks to be constructed or repaired when any of the following conditions exist: 41. When a safety hazard exists - - 42. Claim for injuries due to condition of sidewalks; 2. A vertical displacement sr hole of 1 Y2' or mere-wtth1n-grade; 3. Need to connect to existing sidewalks; 64. When an ordinance requires construction. Corner lots shall be liable for the extension of curbs and sidewalks to the curb line each way. Only such sidewalks as are described in this article shall be placed in the City. (Code 1977, § 33-18; Ord. No. 12939, § 2, 6-21-99; Ord. No. 13301, 11-5-2001) Sec. 32-9831. - Duty to construct, repair, etc. A. The owner of any lot or tract of land within the City shall build and construct, rebuild or reconstruct and repair the sidewalk Tying along and adjacent to his property, and such property owner shall grade, fill and park that portion of the street lying between the property line and the street curb line, and build approaches. The term "approaches"' shall be understood to mean the extension of sidewalks at corner lots, from the property line each way to the street curb line, being in fact the connection across the parkway or intervening space between the corner of the property and the crossing in the street including the construction of accessible ramps. B. Any such owner of any lot or tract of land within the City who, after having been duly notified in writing by the delivery by the Director of Public Works to such property owner of a written order directing such property owner to build or construct, rebuild or reconstruct or repair the sidewalk lying along and adjacent to his property, or grade, fill or park that portion of the street adjacent to his property and lying between the property line and the street curb line, shall fail, neglect or refuse to comply with the terms of such written order within 30 days from the delivery thereof shall be deemed guilty of an offence. Q micdemea (Code 1977, § 33-19; Ord. No. 13301, 11-5-2001) Sec. 32 10032. - Construction, repair, etc., under private contracts. In any case where the Council desires to permit property owners to construct or repair sidewalks or to grade and park that portion of the street lying between the property line and the street curb line, under private contracts, the Council shall by resolution provide that sidewalks shall be constructed or that portion of the street lying between the property line and the street curb line shall be graded and parked upon any street specified, and that the property owners shall be allowed 30 days from the date of adoption of the resolution to construct such sidewalks or to grade and fill the parking herein described, under private contract. By such resolution, the Department of Public Works shall be directed to prepare plans and specifications for such improvements. Immediately after the adoption of such resolution, the Department of Public Works shall cause notice to be served upon the interested property owners of the adoption of such resolution and the time within which they must contract for the construction of the improvements named in such resolution. (Code 1977, § 33-20; Ord. No. 13301, 11-5-2001) Sec. 32-133. - Enactment of ordinance; filing of plans, specifications, etc.; advertisement for bids.Construction by City At the end of the time given property owners to construct or repair sidewalks that have be deemed hazardous or defective, or to grade and park that portion of the street lying between the property line and the street curb line, under private contract, the right to so construct such improvements shall cease, and the City Council shall enact an ordinance providing for the construction or reconstruction of such sidewalks, or for the grading or parking of that portion of the street lying between the property line and the street curb line, to be paid for with special tax bills. Before the City Council shall enact an ordinance providing for any improvement mentioned in this section, the Director of Public Works shall have prepared and filed with the City Clerk plans and specifications, and an estimate of the cost thereof, and such plans and specifications and estimate of cost shall have been duly approved according to law. The Director of Public Works shall keep an accurate record and account of the separate items thereof, and make a written report thereof to the City Council, and the City Council shall pay for all labor and material and all other costs of such work out of any funds the City may have available for such purpose.. The City Clerk (Code 1977, § 33-23; Ord. No. 13301, 11-5-2001) Sec. 32 10134. - Maintenance, etc. It shall be the duty of all persons owning or occupying any property in the City to keep in repair and free from obstruction the sidewalk and gutters in front of such property. Any person violating the provisions of this section shall be deemed guilty of a-misdemeanoran offence. (Code 1977, § 33-21) Sec. 32 10335. - Sidewalks required. A. No permit shall be issued for the reconstruction or construction of a new building, or a building addition, or a new or expanded parking lot, unless a sidewalk exists adjacent to the property or unless the plans for the building or parking lot provide for the construction of such a sidewalk. The requirements of this section shall apply to reconstruction, cumulative building additions and parking lot expansions following adoption of this ordinance, but shall not apply to the rehabilitation or renovation of existing buildings or parking lots, or the construction of accessory buildings. Applicants may request a deferral of the requirement to construct sidewalks in accordance with paragraph C below provided however that the obligation of owners of tracts with street frontages of 350 linear feet or more shall be limited to either (1) expending at least 5% of the total project cost (i.e., site development and building costs) toward public sidewalks; or (2) constructing at least 50 linear feet of sidewalk, whichever is greater in cost, with the remaining obligation deferred. For this purpose, project costs shall be estimated using the R.S. Means construction cost data services. In the event that the application of this subsection A of this section would result in the construction of a sidewalk which is too short to have any practical use, the Director may reduce or eliminate the requirement, or extend the requirement to such an extent that a practical sidewalk can be built. B. Sidewalks shall be constructed in new minor subdivisions, as defined by chapter 33, Subdivision Code. C. Sidewalk deferral, application. 1. Any property owner required to construct sidewalks under the provisions of subsections A and B, above, may request a deferral of the requirement to construct sidewalks in accordance with this subparagraph C. 2. Upon application by the owner, the Director of Planning and Protective Services (referred to hereinafter in this chapter as "Director") may approve a deferral of sidewalks otherwise required by subsections A and B above, as provided herein. a. Applications for sidewalk deferral shall be completed on forms prescribed by the Director at the time of submittal of the site plan, when site plan approval is required, or if no site plan is required, with the building permit application. A copy of an application for a sidewalk deferral shall be provided to each member of the City Council immediately upon its submission. b. A decision on the deferral will be made within ten days of application submittal. If the Director fails to act on the application within ten days, the application will be deemed to have been approved. The Director's decision will be transmitted, in writing, to the owner of the property, to each member of the City Council, and lead project consultant, if applicable. The Director shall be entitled to request additional information from the applicant as well as to extend the time period for a decision with the consent of the applicant. c. Appeals of the decision of the Director's decision shall be governed by paragraph E. 3. Deferrals may be applied retroactively to developments previously required to construct sidewalks, or to new developments, when the criteria for such deferral is met. 4. Sidewalk deferrals granted for one project or time frame do not guarantee that that sidewalk will never be required in a specific location. A location may be included in an amended sidewalk master plan or otherwise required to construct sidewalks, as the area develops, or as conditions change. 5. If the City has adopted a sidewalk master plan and the location is shown on the sidewalk master plan, at the time the application is submitted, as not having sidewalks required, no sidewalks shall be required and no deferral shall be necessary, provided that if no plan has been adopted then all areas shall be considered to have been designated as having sidewalks required. 6. Deferrals shall be granted when the Director finds that the location is designated to have sidewalks in the sidewalk master plan and one or more of the following conditions exist: a. The City has plans to construct sidewalks to serve the development, or plans to widen or reconstruct the adjacent street which would require replacement of the sidewalk within five years of the application for waiver deferral; or b. No curbs and gutters exist, and it is impossible to a reasonable degree of certainty to accurately predict the line and grade of future curbs and gutters; or c. The location is within an area zoned industrial and there currently are no sidewalks or pedestrian generators in the area, or d. An engineering analysis accepted by the Director demonstrates the terrain or other natural or geographic features of the location are such that it is not reasonable to construct sidewalks; or e. An engineering analysis accepted by the Director demonstrates an alternate pedestrian way within the site provides an acceptable alternative; or f. The development is proposed as very low residential density, consisting of single family dwellings on lots of one acre of more, provided such lots have street frontages of 350 feet or more; or g. The frontage is along (1) a State or federally designated route with a permitted speed in excess of 49 mph or (ii) a local street with a permitted speed in excess of 49 mph. h. The development was required to construct sidewalks under the terms of previously hi. If the requirement of constructing a sidewalk as provided in this section would cause a property to lose all value, or construction of a sidewalk will make the property unusable for any practical purpose, or if the construction of a sidewalk would create an unusual hardship for the owner (that is a hardship which would not be incurred by similarly situated property owners) the Director may, upon the consent of the Public Works and Planning Committee, grant a deferral. 7. Procedures for, and effect of, deferral. a. If a deferral is granted, the landowner shall not be required to install sidewalks at the present time, but shall be required to install sidewalks within 12 months of notice from the City that sidewalks are now to be constructed and that the deferral has been terminated. b. Construction specifications shall be those applicable at the time the notice is issued. c. If the landowner does not construct sidewalks within 12 months of the notice, the City shall construct such sidewalk and shall bill the landowner for the full amount of the City's costs in doing so. If the landowner fails to pay the bill within 60 days the amount owed shall constitute a lien against the property. d. If a deferral is granted, the owner may as a condition of the deferral be required to grade the area in which the sidewalk would be located in preparation for a future sidewalk. e. If a deferral is granted, the deferral shall be considered to run with the land and any subsequent owner shall be entitled to rely on the same as well as assuming the same obligation to construct a sidewalk when requested to do so as provided in this chapter. The City Clerk shall record a notice, substantially similar to the noticed set forth below, with the County Recorder for each deferral: Notice of Deferral The real estate described in this Notice of Deferral was granted a deferral of the sidewalk requirements of the City of Jefferson, Missouri on , 20_. This deferral is subject to the conditions set forth in the City Code and are subject to change from time to time. The granting of a deferral of the sidewalk requirements is not a permanent waiver of sidewalk requirements for this real estate and does not mean that the sidewalk requirements will never be imposed for this real estate. This real estate may subsequently be included in an amended Sidewalk Master Plan or otherwise required to construct sidewalks, as the area develops, or as conditions change. The property affected is more particularly described as: [set forth legal description here] D. Appeal of Denial of Deferral. 1. The denial of a deferral by the Director may be appealed to the Planning and Zoning Commission. a. applicant aggrieved by the decision of the Director may file a written appeal to the Planning and Zoning Commission, addressed to the City Clerk, within 10 days of the decision of the Director; b. Upon receipt of the appeal, the Planning and Zoning Commission shall schedule a hearing on the appeal. c. The burden of proof at the hearing shall be upon the applicant to show that the applicant is eligible for the relief requested. 2. This decision of the Planning and Zoning Commission shall be final. E. Major Subdivisions. The preceding subparagraphs notwithstanding, sidewalks shall be constructed in new Major Subdivisions (as defined by Chapter 33 Subdivision Code) as follows, unless the owner requests, the Planning and Zoning Commission reviews and the Council approves, a variance under (1) or (2) below. For the purposes of this Chapter, the term "new Major Subdivision" shall mean any subdivision approved by the Council after November 20, 2007. 1. When the Council determines in a Major subdivision that, through submission of an engineering study that includes appropriate details such as cross-sections, grading plans, and requirements for sidewalks because of the presence of unusual circumstances or conditions, including without limitation, topographical conditions, and that the strict application of the requirements for sidewalks would either prevent, or present a serious obstacle to the formation of a plat for the reasonable use and development of land, the Council may permit the owner to vary from the requirements for sidewalks or the location thereof. 2. The Council may permit a developer to vary from the requirement for sidewalks if the Commission determines that an Alternate Pedestrian Way Plan submitted by the developer with the preliminary plat provides adequate access throughout the subdivision. Such a plan must provide a continuous system of paved walkways located within easements dedicated as pedestrian ways. The Council may require such width not to exceed ten feet and such illumination as may be appropriate to assure safety. F. Construction Standards. 1. Sidewalks shall be constructed in accordance with the following street classifications. Street classifications and location of sidewalks on local or cul-de-sac streets shall be determined by the Director: Street Type Arterial Collector Local commercial or commercial cul-de-sac Residential cul-de-sac or local street Sidewalk Requirement Both sides Both sides Both sides One side Sidewalk Width 5 feet 5 feet 5 feet 4 feet 2. Sidewalks shall be located a minimum of three feet from the back of the curb where possible, or other location as approved by the Director. 3. Sidewalks shall be constructed in accordance with the latest edition of the City of Jefferson Standard Construction Drawings on file in the Department of Planning and—Protective SepAGesPublic Works. G. Time for Construction 1. The developer shall install all sidewalks, as required by this section, or by the Council pursuant to a variance as allowed by this section, not later than two years after the date when the abutting street is accepted or not later than five years after the first building permit is issued, whichever comes first; provided however, that the sidewalk for each lot within a subdivision shall be completed and approved before an occupancy permit for a structure on the lot is issued. 2. No certificate of occupancy shall be issued for any building or parking lot for which a sidewalk is required unless the sidewalk has been constructed or the property owner has provided a bond, cash escrow or letter of credit or other instrument acceptable to the Director of Planning and Protective Services guaranteeing construction of the sidewalk within not more than six months of issuance of the certificate of occupancy. H. Enforcement 1. If the sidewalks required by this section, or alternate paved walkways required by the Council pursuant to a variance as allowed by this section, are not completed within two years from the date abutting streets are accepted, or within five years after the first building permit is issued, whichever comes first, the building official shall decline to issue any further permits of any type to the developer in conjunction with the subdivision where the violation is occurring, or in conjunction with any other activity at any location requiring permits by the building official, until the violation is cured. In addition, the Council may impose a penalty on the developer, in an amount not to exceed One Hundred Dollars ($100.00) per day for each day the violation persists. 2. Cause the sidewalks to be completed at the City's expense, and may cause a special tax bill to issue as to each lot within the subdivision for which the City has incurred the expense of constructing sidewalks, in an amount of two times such expense incurred, together with the amount of any penalties accrued under subsection a, above. Any special tax bill issued pursuant to this subsection may be enforced in the same manner as a tax bill issued for the improvement of a sidewalk within the City. a. Other Recourse. Nothing within this section shall impair the ability of the City or a property owner to seek any other recourse against a developer for failing to install sidewalks as required by this section. (Ord. 13628, § 3, 10-6-2003; Ord. No. 14023, § 1, 3-20-2006; Ord. 14097, § 1, 10-2-2006; Ord. 14277, § 1, 11-19-2007; Ord. No. 14431, § 1, 11/17/2008; Ord. No. 14519, § 1, 4-20-2009; Ord. No. 14621, § 1, 12-21-2009; Ord. 14920, § 2-20-2012) Sec. 32 10136. - Required sidewalk plan. There is hereby adopted a required sidewalk plan, which shall serve as the sidewalk master plan referred to in this article, said plan being attached to this chapter as appendix 32-A. (Ord. No. 14637, § 1, 2-1-2010) Secs. 32 10537 3241-249. - Reserved. DIVISION 3. CONSTRUCTION, ETC., BY CITYSIDEWALK REPAIR PROGRAM Soc. 32 114. Opening of bids; awarding of contras - A -fl -bids -received by the Clerk -pursuant to -section 32-14-3 shall be opened -in -the -presence -of -the Council at a -date at least -ten -days -after -the -date of -the -first publication -9f the -advertisement for su 4i -fids- ATcontr-acts-shall-be-awarded to the Iewest-and-mast-responsible-bidder. The -acceptance of ti shall be causidered-as-thc awarding -et a contract. Any bid -may -be -accepted -and -any contract may -be -awarded en a motion duly--adopted-by-the-Ceuc+k (Code 1977, § 33 24) Sec. 32115. Repair- Whenever-ar y-cid-ewalk-is deemed to bears-a•defestave nd+tien-or-out of repair, the City Council may; -by ordinance, provide for the -repairing of -such -sidewalk-by 4 -he Director -et Public Works, -to be paid for i--special4ax bills -Before -the City Goans shall-enact-an-ordirraeee--prowdlrrg-for-the-irr►provements mentioned -in -this section, the -Director -of -Public -Works llc-Works shall have prepared-and-€iled-with the -City Clerk plane and specifications—and—estimates—of—costs—for—such -work-Suc# plans -arid -specifications -arid estimates -of -oasts -shall have-been-duly-approvedascord+ng-to-Iaw-T-tie-Director-Gf-Rublic-Work:, shall keep -an accurate -record and account -of the -separate -iters thereof -and -make a written -rep -rt -thereof -to the -City Council, and--t#ae-Gity--Connell-shall pay -for -all labor-aid-mater4al-and-all--other costs -of -such -work out -Of -any -fu ds the-Gity-may have -available for such purpose, (Code 1977, ti 33 25; Ord, No. 13301, 11 5 2001) Secs. 32 116 32 119. Reserved, DIVISION 1. SIDEWALK REPAIR PROD A 4 Sec. 32 12050. - Purpose. The purpose of this section is to utilize available funding to maintain and repair a valuable part of the City's transportation plaRinfrastructure, namely its sidewalks, without cost to the adjacent property owners. This is meant to supplement and assist in maintenance and repair and not to replace any other obligation found within this chapter. (Ord. No. 14756, § 1, 12-20-2010) Sec. 32 12151. - Sidewalk repair program funding. Each year within the City!s_ udget-the City Council may shall -approve funds for the repair of existing sidewalks. a line item -titled cidewaik-repair-program-and-such-funds shall -be -used exclusively—for—the repair—ofexist€Rg-sidewalks Additionally, each year the City Council shall identify what funds if any shall be used from sales tax proceeds to be used for sidewalk repairs. (Ord. No. 14756, § 1, 12-20-2010) Sec. 32 12252. - Staff to identify sidewalks to be repaired. Upon funding being identified, the City staff shall identify areas of sidewalks to be repaired utilizing the funding identified by the City Council. City staff shall identify these sidewalks based upon the condition of the sidewalk and use of said sidewalks. This sidewalks identified shall be submitted to the City Council for approval or amendment. (Ord. No. 14756, § 1, 12-20-2010) Sec. 32 12353. - Approval by City Council. The City Council shall by resolution, approve or amend the list of sidewalks submitted to the City Council. (Ord, No. 14756, § 1, 12-20-2010) Sec. 32 12454. - Action by City staff. Upon approval by the City Council, the City staff shall implement repairs in a timely fashion. (Ord. No. 14756, § 1, 12-20-2010) Sec. 32 12555. - No share required from property owner. The adjacent property owner shall not be required to contribute to the cost of any repair funded from the Sidewalk Repair Program. (Ord. No. 14756, § 1, 12-20-2010) Sec. 3242656. - Obligation to repair not negated. Nothing in this division shall relieve the property owner from their obligation to maintain good and sufficient sidewalk and curb. (Ord. No. 14756, § 1, 12-20-2010) Secs. 32-57 — 32-59. Reserved DIVISION 4. - NEIGHBORHOOD IMPROVEMENT PROGRAM Sec. 32 3360. - Purpose. The purpose of this article is to provide encouragement and cooperation for the making of improvements to streets, sidewalks and other infrastructure through a voluntary program of citizen participation in cost. Sec. 32 3361. - Petition necessary. For each project which may be eligible for inclusion in the City's neighborhood improvement project (NIP), a petition shall be submitted by the owners of the requisite front footage as specified in this Article by March 1 of each year for consideration for the following year's fiscal budget to the Director of Public Works. Petitions shall be considered approved if the project is identified and funded in the following year's budget. Petitions shall be considered denied if not funded in the following year's budget or withdrawn by counter petition. Any denied petition shall not be carried over to the next budget year. Sec. 32 3362. - Participation requirement. Property owners may petition the City Council, on a form approved by the Director of Public Works, to construct projects which involve the rebuilding of any curb and gutter, or sidewalks, for an entire block, which shall be petitioned by greater than 75 percent of the owners of the front footage abutting the proposed projects. Sec. 32 3353. - Cost to applicant. A. For each project included in the NIP and funded, the cost to each abutting property owner shall be set by the City Administrator each year in appendix Y. B. At least 75 percent of abutting property owners must agree to prepay the entire amount of their cost- share ostshare prior to approval of the construction contract by the City Council or City Administrator. C. Any party which fails to prepay the party's full cost -share of the project shall be charged an additional 25 percent. Such person's share shall be placed as a lien against the property as part of a tax bill pursuant to section 32-40, 32-41, and 32-42 of the City Code. Sec. 32 3364. - Funding, criteria for project selection. in determining which, if any, projects shall be funded the following criteria will be considered: A. Funding available. 8. Number of properties affected. C. Existing conditions. D. Property share prepaid vs. tax bill. E. Overall effect on area. Sec. 32 3365. - Street lighting in improved subdivisions. A. Where street lighting doesn't meet the minimum requirements of 33-9.E. Abutting property owners may petition the City for street lighting. The Director of Public Works may approve street lighting request, within budget constraints based on the following criteria. 1. Installation of the street lights will generally be at spacings no less than 250 feet (residential) and 180 feet (commercial). 2. The spacing may be less than in A.1. at locations of abrupt horizontal or vertical grade changes when needed for traffic safety. 3. The City may grant additional lighting on the basis of high concentration of pedestrian traffic such as downtown, school areas, serious traffic hazards, or high incidence of crime as determined by the Chief of Police. The latter would not relieve the property owner of the responsibility of security lighting. B. Property owners requesting lighting would pay 25 percent (residential) and 50 percent (commercial) for installation and the City would install and pay for maintenance and operation when installation is approved. C. Objections to the decision of the Director of Public Works with respect to placing of street lighting can be appealed to the City Council within 30 days of the decision of the Director of Public Works. (Ord. No. 12962, § 1, 8-2-99; Ord. No. 13301, 11-5-2001; Ord. No. 14829, § 19, 8-1-2011; Ord. No. 14936, § 1, 3-19-2012; Ord. 14954, § 3, 5-7-2012) Secs. 32 33666-3239969. - Reserved. ARTICLE IV. - EXCAVATIONS DIVISION 1. - GENERALLY Sec. 32 12770. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Arterial street. A roadway which is functionally classified as carrying traffic on cross town trips. Roadways shall be so designated by the Director of Public Works. Business hours. The hours between 8:00 a.m. and 5:00 p.m., Monday through Friday, except City holidays. Director. Director of Public Works or a designated representative. Disturbance of right-of-way. Any movement of earth, movement of existing facility, or placement of new facility on right-of-way. Nonbusiness hours. All periods of time other than business hours. Public utility. Any utility engaged in the business of selling and supplying natural gas, electricity, water, sanitary sewer, telephone, or cable television service. Right-of-way. All land within the City dedicated or conveyed to the City for public use, or used by the public, for streets, alleys, avenues, drives, boulevards or other public ways. Roadway. Any street, alley, avenue, drive or boulevard or other public way within the City. Unimproved right-of-way. Any right-of-way within the City lying outside of a roadway or upon which there is no roadway. (Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001) Sec. 32 12&71. - Permit required. A. Except as provided in subsections B and C of this section, a person shall not disturb, excavate, or cause a disturbance or excavation to be made in any roadway or right-of-way, without first obtaining a permit from the Director. Should an excavation in an unimproved right-of-way require excavation in an intersecting roadway, an additional permit shall be obtained for a roadway excavation. B. Upon a failure in the facility of any public utility, necessitating immediate repair to prevent injury to persons or property or to restore essential public utility service, a public utility may make and excavation necessary to remedy the failure, without first obtaining a permit. In such an occurrence the excavator shall apply to the director for a permit before 12:00 noon the next business day. a public utility, upon notification--of---the D ter during bu_' • - _ • _ _ • _ - _ - _ - _ _ . --. - - •• - •� -- - • -=ermit. C. A permit will not be required for installation of service lines to serve new home construction in the unimproved right-of-way in newly developing subdivisions if the unimproved right-of-way is adjacent to the property being served. In such cases, the surface of the unimproved right-of-way shall be restored when the lawn is completed. D. Once a permit has been closed, any additional work will require a new permit, and the base fee will be charged again. (Ord. No. 11955, § 1, 9-7-93) Sec. 32 12372. - Permit application. A. During normal business hours applications for permits shall be filed with the Director on forms provided by the Director. The form shall provide appropriate spaces for the name, location and type of surface construction of the roadway or right-of-way to be excavated, the estimated dimensions of the area to be excavated, the estimated cost and the actual cost of the permit, the probable period of excavation and such other information as may be required by the Director, B. When an excavation is required in any roadway or right-of-way during nonbusiness hours to correct a failure in any private utility or sanitary sewer service, the excavator shall apply to the Director for a permit before 12:00 noon of the next business day. C. Any public utility causing an excavation to be made under the provisions of subsection 32-1- 71.B shall apply to the Director for an excavation permit before 12:00 noon of the next business day. (Ord. No. 11955, § 1, 9-7-93) Sec. 324873. - Permit fees, deposits, and issuance. A. Upon receipt of an application for a permit required by this division, the Director shall compute and subscribe thereon the estimated cost of the permit. Fees shall be as set forth in appendix Y. 1. On the unimproved portion of any right-of-way. 2. On roadways, a base charge. 3. On bituminous roadways, other than those with areas in excess of 100 square feet, a charge per square foot of surface area if the permit holder chooses to have the Department of Public Works replace the surface course. 4. The base fee for any roadway excavation permit and the flat fee for any unimproved right-of- way permit shall be double the established rates if the application for permit is not made in accordance with section 32-12972. 5. For use of City owned plates to protect excavations from traffic. 6. For a bundle of 25 lathes to be used to display excavation permit cards at sites. 7. For resetting of street signs. 8. For repair of street signs, signal cables and other City facilities, a charge based on actual cost for materials, equipment, and labor. 9. For completion of work not done in a timely manner, or correction of deficient work, a charge based on actual costs of materials, equipment and labor. a. Any person desiring to do the resurfacing work rather than having the City do such work, shall pay only the minimum charge for the work being done. B. Except as provided in subsection C of this section, the applicant shall deposit the amount of the estimated cost of the permit payable to the City. The Director shall then issue the applicant a permit and permit card authorizing the excavation described in the application. C. A public utility or any other person, at the discretion of the Director, may deposit with the Finance Department the sum of $1,000.00 in cash or certified check payable to the City and thereafter pay to him on the first day of each month the actual cost of all permits previously issued to the public utility or person for excavations which have been backfilled and completed since the first day of the preceding month. In lieu of such cash or check, a corporate surety bond may be filed with the City Clerk, to be approved by the Mayor, conditioned on performance by the applicant of this subsection. D. The Director shall compute the actual cost of each permit by exact measurement of the excavated area. If the estimated cost exceeds the actual cost of the permit, the overpayment shall be refunded or credited to the next permit applied for, at the option of the permit holder. If the estimated cost is less than the actual cost of the permit, the applicant shall be billed for the additional amount, which shall then be due and payable. E. The Director shall not issue a permit to: 1. Any person indebted to the City for a previous permit under any provision of this article. 2. Any public utility failing to comply with the provisions of subsection C of this section. 3. Any person or public utility for a period of one year, when the person or public utility has been convicted of two or more separate violations of any of the provisions of this article within a period of 24 consecutive months. Such period of one year shall commence on the date of the second conviction. (Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001; Ord. 14272, § 10, 10-15-2007) Sec. 32 13174. - Display of permit. Each excavation permit shall be in the possession of a person present at the excavation area during normal business hours, and each permit card shall be displayed publicly at the excavation area. (Ord. No. 11955, § 1, 9-7-93) Sec. 32 13275. - Permit records. The Director shall keep an accurate and complete record of all street excavation permits and index such permits by street location. (Ord. No. 11955, § 1, 9-7-93) Sec. 32 13376. - Continuity of work. Every excavation shall be performed in a continuous operation, during normal working hours on consecutive working days on which suitable working conditions exist, from the time of initial excavation to the completion of backfilling, pavement repair, and/or seeding. The permit holder shall be responsible for the timeliness and quality of the completed work. (Ord. No. 11955, § 1, 9-7-93) Sec. 3243477. - General procedures for performing. A- --All excavations in any right-of-way or and roadway in the City shall conform to the description and details contained in the City of Jefferson Standard Construction Drawings and Technical Specifications. be -made in the -following -manner- 1. Location -of new facilities -to -be-€ nstrusted on right -of way shall be -approved by the Direstor-prier 9 advertising -for bids on work--to-be-sontrasted--We-riew-faciliti shall be -constructed under roadway -s- unless -undue hardship -4s -imp -Geed toy -elation -outside --the roadway. The edge of -a-trer+on-for excavations-paraiieiing—erbs utside-of roadways-shallbe t -a minima of three feet from -the bock of curb - 2. Whenever excavation is performed-within--800-feet-of -traffic signal, the -permit -holder chall-contact the-street-division-of-the-Rudlic-Works- Departrraent-fer4osation-ef-facilities in the area. 3. The permit-holdershall-notify-theDirector of the-1+me the exsavation-is-te-becommenced-at-least-two hours before commencement-of-exsavatioa. 4. For work -involving closing -a roadway -to traffic -five -working -days --notice shall be required. The Direster ay -require that -street -closings -be -advertised by the permit--#-colder--4f the work involved -is d� tnc to a -need -for mmediate-repair--or-other--good cause, the-Di€ector-may- reduce- or -naive -the requiredRoticc. No roadway shall -be closed-ter-traffis-without-prior-approval-of the Director -When conditions-war-ran-t-claeing a street to traffic; -the -permit -holder -shall -notify the communications division of the Police Department of the throe -the -roadway -will -be -closed -and at the time the -roadway is reopened to traffic- 5--The--permit holder -shall provide erect and -maintain -sash -barricaded signs; -#lags-tor6hec, lanterns or lighting at the ex vation--area--as may be -required -by -the -most -resent -edition of -theManual-on Dni€orm Traffic Control-Devises- 8—A#l-exxsavations-in any roadway -shall -conform -with -the following additional-prooed-u-res: 1. The outer edges -o€ -all cuts -through -paved surfaces -shall -be sawed-to--a-dept#of--not-4ese-Haan-ene- third of the -pavement ticisknecs by -use -of -a power -driven -concrete -saw to -obtain a -smooth -and square -out If an -excavation -is -made a -roadway -with a surface-defisieresy-the pavement -removal shall be expanded -to -a -point -where a emooth-straight-edge-can-be maintainer lr t o ^ontraster fails tosaw-the-pavement, the-Gity-shall--perfor this-operations-have--this-operation performed -and -the cost -the reof-shall-be-charged-to-th e -contra c tor. 2. Where -surface -exists, the -roadway pavement -shall -be -removed -to -a -minimum width -of -six -inches beyond -each -edge of the excavated -trench or area-exeept-where a four-tosix-inslr-trenshing-reachine is used -Where -deemed necessary -by -the -Director, a -width -of up -to inches beyond either edge may be required. 3-141--the-event-the-entire width-of-a-roadA+vay-is-to-be-excavated, the -excavation -and bask -fill -shall -be completed within -one-half of -the -width of the -roadway prior to any excavation commeensing-in--the remaining -half -of -the roadway -if practical as determined--by-the-Oirestar- h. No -open -outs will be permitted across-arterial-streetc unless -undue -hardship -is- mposed. Previous agreement from --the Director must -be -obtained -prier -to an open cut -being made across -an -arterial street- 5----For-the hree-gears-4ollewing-resurfacing of a r-oadwano open cuts -will be permitted -on -that roadway--for-any work that-could-have-deon-planned- 6—In-the-event-an excavation -crosses -a -qtr "-Gr--surb-ami' gutter, the -euro or -curb -and -gutter -must -be removed -and-replased-a-minimUM4Vidth-ef-six-inches-beyercri--tile-edge-of he-underlying-exc-ovation- If a bore under -curb -0f --curb and -gutter -is -made -and -material -sloughs off -the ---embankment creating a void-under-the-ourb-or-curb and --gutter, the -entire width of -curb -or ourb-and-utter shall be -removed and-repiacod-4n.-assordanse-with-the above guidelines -All curb and curb-and--gutter-to-be-removed aced -replaced- shall be -doweled to the existing -curb or curb-on}b-g-utter. (Ord -No: 119-5, § 1, 9 7 93) Sec. 3243578. - Backfill procedures. —All excavations within any right-of-way or any roadway of the City shall be backfilled in conformance with the description and details contained in the City of Jefferson Standard Construction Drawings and Technical Specifications. the-following--mar-nee 1. Permit holder sfiali notify the Director-of the time when iack illing-is to-be commenced at-least two hours-before comrneReemeat-of backfillingmad-ofthecommpletion-e€-baokfilli g, �. Backfilling shall-be-aeeompliched as--gaiskly as-good-wo --practise- perr^�+c, and-an-excavation shall not be-left--open and- unfilled for a longer periodf-tirrre-then- is-deemed--reasoRablc and neces qtr e-Director-, 3. Backfill-ef excavations-in-or-within-three feet of a roadway or proposed-roadway shall-meet-the requirements for-roadway excavations- 4. - Backfill-of excavations-under paved--per#lens of-the-unimprovedall be piace,� i -lits not cxceoding eight- inches, and-each lift c all be compacted with a flat-plate-tam-per appropriate for the-riaterial-being--used-before-any-additional-material-is-placed-1r-the excavation. Crushed stone aggregate-shall-be-plaeed-within three inches of the-bottom of the pavement te-be placed. 5. Excavations-not in-driveway sidewalks-or-roadways-and-not-within-three-feet--of a roadway-shall--be backfilled iris„F ;� slant-will-r inim4ze settlement-cif-the-backfill-The orifiir♦al baskfil4-shall-be-yeti flush with-the---adjacent area. It shall be the per-mit-holder's responsibility to repair-arry-,settlement-tiat occurs-within cix months-after placement of the-anginal-iaskfill--I-n addition-in areas-t-hat-aro-seeded, the permit-holder °hall be responsible-for obtaining-a-stand-of rass-equal to or-letter than that-of-the 6r61rrounc4n9-yard area. B. Backfill-of-roadway excavations- shall -have-the following-additional requirements: 1. All excess-materials excavated shall_be-removed-by-the-permit holder-from-the site of the exsavatlen area-Shot rook-in con patted six inoh--lifts-may-be-used-to-stabilize he-bottom-of excavations he exsavatien-shall-be-backfilled with-e-crushed stone aggregate material-having-a-maximum-diameter of one-inch-U-pon request, the -Director may approve-the use of excavated-material-for-baekftl4- 2 A14 back#ill xrraterial skra44 be placed in the excavation-in-lifts-not exceeding-eight inches. Each lift c,4 all be-son acted-with-a-flat-plate-tamper-appropriate-for-the -sterni being-used before any additional material-is-placed in excavation- 3--Crushed-stone-aggregate shall-be-placed--within ane-foot of the bottom-of-the-pavement repair. The aggregate shall be placed-n-a-maximum--of six-inch lifts-and-compacted-with a vibratory tamper before-any additional-materials-placed-in4he-excavation- 4. Excepts-provided-in this subsection, backfill of-excavations -including the area of where additional width-of-pavement-vas removed in paved roadways-shall-bc topped-with-an-eight-inch thiokneerc of eonsrete pavement on arterial streets=six-inch thickness of concrete-pavemerrt on all-other roadways. At-no-point shall-the concrete-thickness-vary more than-orae-half-inch-from that-specified- 4n traffic-lanes-high early strength-concrete, eight-bags-of concrete-and-four-pe, se^-t ca lsium-per-yard of concrete, shall--bemused,ln other areas-a 11444imum--of 614-bags-of-eemen4-per-yar- f concrete shall be used-All concrete-shall-be-air-entrained. In-bituminous pavements, the top of the concrete pavement-shall be held 134-inehes below-the-top-of-the-existing-pavement. In Portland-cement concrete-pavements, t� she-co^Crete shall-be--made flush-with-the-adjacent pavement. The-concrete shall-be-protested from traffic, until-it-developc adequate-strength-and-the-asphalt-surf�fce rse-if needed is p a,��.e4-;Fates-to protect-the-excavation-may-be-obtained at- the-street--division--ef the PublieWorks-Department- 5 --t -bituminous- pavements-that-are riot-classifieds-arterial--bash#ill-o -excavations-What-havc a filirliMUM width of ten feet-and-a- minimum length of 100 feet-maybe-topped with asphalt base course in lieu of concrete-T-he-asphalt base course shall--be even -+rrs# es-i,i-thickne _, and shall meet the standard specification Tar-asphalt base-The aspha-lt-shall•-bead--n -two lifts-by-a-self- propelled--mechanical-laydown machine- Each-lift-shall -be-comparted-by a etecl whorled-vibratory relleF-befafeany--addit+gnat-rnatenal is-plascd on -top of it -The top of -the-a-sena-it base shad beheld 1'4 inches below the top -of the existing pavement. 6—#n ---bituminous pavements, suFface restoration -shall be -a 144—inch- eerpaeted phalt-sufface-souse- Te-aopha haat meet standard spee+#aeaons and be of the grade determined appFoprate-by-the P1rector= 7. No -concrete pavement will be-requiredtver excavations in crushed -stone -roadway& (Ord. No. 11955, 9 7 93) Sec. 3243679, - Maintenance and resurfacing. A. The permit holder shall maintain the excavation until the surface is restored and the permit is closed out by the Director. This responsibility includes keeping the cut flush with the street at all times, providing barricades as needed and keeping the cut square. In addition, the permit holder shall be responsible for repair of any damage due to vandalism, accident, act of God or other means, and shall perform all work necessary to prevent further damage. B. The permit holder shall restore unimproved portions of any right-of-way with material identical to that of the surrounding right-of-way surface. C. The permit holder shall completely restore any excavation made in Portland cement concrete pavements and any excavation in asphalt pavement in excess 100 square feet in surface area. The Department of Public Works will restore the asphalt surface (not concrete base) in bituminous paved surfaces of 100 square feet or less if desired and paid for by the permit holder. (Ord. No. 11955, § 1, 9-7-93; Ord. No. 13301, 11-5-2001) Secs. 32-13780-3245989. - Reserved. ARTICLE V4. - DRIVEWAYS AND CURB CUTS DIVISION 1. - GENERALLY Sec. 32-160. - Definitions. For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section: Driveway. The surface area extending from the roadway surface across all or any portion of the adjacent right-of-way. Frontage. That portion of the right-of-way lying between lines drawn perpendicular from the centerline of the roadway to the nearest exterior corners of the adjacent lot, tract or parcel of land. Plans. The standard driveway plans, marked "Appendix C" to Ordinance 7438 on file in the office of the City Clerk and expressly incorporated by reference into the provisions of this article. Right-of-way. All land within the City dedicated or conveyed to the City for public use or used by the public for streets, alleys, avenues, drives, boulevards or other public ways. Roadway. Any street, alley, avenue, drive or boulevard or other public way within the City. Specifications. The standard driveway specifications, as depicted in the current addition of the City of Jefferson Standard Construction Drawings marked "Appendix B" to Ordinance 7138 on file in the office of the City Clerk and expressly incorporated by reference into the provisions of this article. (Code 1977, § 33-54) Sec. 32 16191. - Plans and specifications adopted by reference. The standard driveway specifications, as depicted in the current addition of the City of Jefferson Standard Construction Drawingsmarkcd-ppendix B" to -Ordinance -No -713& arid -the -standard driveway plans, -marked Apperidi to Ordinance No 7438 both cif-wh-ich-documents-are o i -f e--n-the-e iee-ef the City Clerk, are hereby adopted and expressly incorporated by reference into this chapter as the official driveway plans and specifications for the City. (Code 1977, § 33-55) Sec. 3292. - Standards of performance. A. The standards of work for the construction, alteration or relocation of any driveway, or the cutting and removal of any curb in any right-of-way are established as those appearing in the plans and specifications adopted by section 32 4-61-91. B. Every person doing any work involving the construction, alteration or relocation of any driveway, or the cutting and removal of any curb within any right-of-way, pursuant to a permit of the City, shall perform the work in strict accordance with the established standards. (Code 1977, § 33-60) Sec. 3246393. - Curb replacement where driveway no longer in use, etc. Upon a determination by the Director of Public Works that any driveway constructed, altered or relocated pursuant to a permit issued by the City is no longer necessary or used for the purpose mentioned in the application, the Director of Public Works shall give written notice to the owner of the premises adjacent to the frontage upon which the driveway is located to replace the curb across the entrance of the driveway within 30 days from receipt of the notice, and the owner shall replace the curb as directed in the notice. (Code 1977, § 33-62; Ord. No. 13301, 11-5-2001) Sec. 32 16194. - Driveway width. A driveway constructed, altered or relocated to serve residential property shall not, without special permission from the City Council, exceed 20 24 feet in width, except when a three vehicle garage faces the street in which case the driveway width may be a maximum of 30 feet. Aaeda-driveway constructed, altered or relocated -to serve nonresidential (commercial, business or industrial) property shall not exceed 40 feet in width, unless the City Council, through the Department of Public Works, authorizes in writing the construction of a driveway at a greater width. (Code 1977, § 33-63; Ord. No. 13301, 11-5-2001) Secs. 32 16595-32 17599. - Reserved. DIVISION 2. - PERMIT Sec. 32 176100. - Required. A. Subject to the provisions of subsection B of this section, no person shall construct, alter or relocate a driveway, or cut and remove any curb within any right-of-way, without first filing an application with, and securing a permit from, the Director of Public Works. B. A permit shall not be required for a driveway when the curb is fashioned for a driveway entrance and the driveway apron is constructed at the time the roadway is constructed. (Code 1977, § 33-56; Ord. No. 13301, 11-5-2001) Sec, 32 177101. - Application. A. The form of the application shall be prescribed by the Public Works Department. B. The erig pies-ef-the-application shall be executed -fie erig-iaal--a{ isatiea-shalt �e signed by the owners of the land described therein_, and -their signatures shall b wl dged the -sameT & required by law -fey - - _ _ _ _ If the applicant is not the owner of the land described in the application, the original -application shall bear the signature of the applicant -r+4 -the -signature shall be acknowledged in the same manner. C. The executed application shall constitute an agreement between persons whose signatures appear thereon and the City that such persons shall be obligated to, and will, perform all covenants, on their part or the part of their heirs, grantees, assigns, personal representatives or successors, to be performed. (Code 1977, § 33-57; Ord. No. 13301, 11-5-2001) Sec. 32 178102. - Fee and issuance. A. There is hereby established a fee as set forth in appendix Y, for a curb cut or driveway permit, which amount shall be paid to the Director of Public Works; provided, however, if any wedging is necessary, this amount may be revised to include the minimum cost of the bituminous street cut permit. The-- mance Department shall endorce itc receipt -of the permit fee on the original and both copies-of�c application etain one copy thereof -and -re • - - - ' -- - - B. The Director of Public Works shall Upon preccntation-of the original and one -copy of the appl n bear+ng-fhe-receipt-of the Finance Dep, a tmentAhe-DDir-ec rks shall -keep the original, attach the permit to the copy of the application and deliver such permit and application to the applicant. (Code 1977, § 33-58; Ord. No. 13301, 11-5-2001; Ord. 14272, § 10, 10-15-2007) Sec. 32 179103. - Inspection and approval or disapproval of work; return or retention of security deposit. The Director of Public Works shall inspect the work described in the application on the expiration date of the permit. If the work has been completed and meets the established standards and the adjacent roadway is in as good condition as existed before the work started, the Director of Public Works shall endorse his approval of the work on the permit; otherwise, he shall note his disapproval of the work on the original of the application. (Code 1977, §§ 33-61(a); Ord. No. 13301, 11-5-2001) Sec. 32480104. - Records. The Director of Public Works shall see that an accurate and complete record of all permits issued, indexed by street locations, and all original applications for permits to construct, alter or relate a driveway, or to cut and remove any curbs are kept and maintained. (Code 1977, § 33-59; Ord. No. 11904, § 4, 5-17-93; Ord. No. 13301, 11-5-2001) Secs. 32 181105-32-191109. - Reserved. ARTICLE VI. ANCILLARY USES ARTICLE VIIDIVISION 1. - PARADES ial Footnotes: --- (3} --- Cross reference— Funeral procession identification, § 19-302. Sec. 32 192110. - Definitions. As used in this article, the following terms shall mean as follows: Parade. Any parade, march, ceremony, show, exhibition, pageant or procession of any kind, or any similar display, in or upon any street, park or other public place in the City. Parade permit. A permit as required by this article. Sec. 32 193111. - Permit required. No person shall engage in, participate in, aid, form or start any parade, unless a parade permit shall have been obtained from the Chief of Police. (Code 1977, § 23-135(a),(f)) Sec. 32 19'1112. - Permit application. A. A person seeking issuance of a parade permit shall file an application with the Chief of Police not less than seven days before the date on which it is proposed to conduct the parade on forms provided by such officer. B. The application for a parade permit shall set forth the following information: 1. The name, address and telephone number of the person seeking to conduct such parade. 2. The parade is proposed to be conducted for, on behalf of, or by an organization, the name, address and telephone number of the headquarters of the organization, and of the authorized and responsible heads of such organization. 3. The name, address and telephone number of the person who will be the parade chairman and who will be responsible for its conduct. 4. The date when the parade is to be conducted. 5. The route to be traveled, the starting point and the termination point. 6. The approximate number of persons who, and animals and vehicles which, will constitute such parade; the type of animals, and description of the vehicles. 7. The hours when such parade will start and terminate. 8. A statement as to whether the parade will occupy all or only a portion of the width of the streets proposed to be traversed. 9. The location by streets of any assembly areas for such parade. 10. The time at which units of the parade will begin to assemble at any such assembly area or areas. 11. The interval of space to be maintained between units of such parade. 12. If the parade is designed to be held by, and on behalf of or for, any person other than the applicant, the applicant for such permit shall file with the Chief of Police a communication in writing from the person proposing to hold the parade, authorizing the applicant to apply for the permit on his behalf. 13. Any additional information which the Chief of Police shall find reasonably necessary to a fair determination as to whether a permit should issue. C. The Chief of Police, where good cause is shown therefor, and with the written approval of the Mayor, shall have the authority to consider any application hereunder which is filed less than seven days before the date such parade is proposed to be conducted. (Code 1977, § 23-135(b)) Sec. 32 195113. - Standards for issuance. The Chief of Police issue a permit as provided for hereunder when, from a consideration of the application and from such other information as may otherwise be obtained, he finds that: A. The conduct of the parade will not substantially interrupt the safe and orderly movement of other traffic contiguous to its route. B. The conduct of the parade will not require the diversion of so great a number of police officers of this municipality to properly police the line of movement and the areas contiguous thereto as to prevent normal police protection to this City. C. The conduct of such parade will not require the diversion of so great a number of ambulances as to prevent normal ambulance service to portions of this City other than that to be occupied by the proposed line of march and areas contiguous thereto. D. The concentration of persons, animals and vehicles at assembly points of the parade will not unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such assembly areas. E. The conduct of such parade will not interfere with the movement of fire -fighting equipment en route to a fire. F. The conduct of the parade is not reasonably likely to cause injury to persons or property, to provoke disorderly conduct or create a disturbance. G. The parade is scheduled to move from its point of origin to its point of termination expeditiously and without unreasonable delays en route. H. The parade is not to be held for the sole purpose of advertising any product, cause, goods or event and is not designed to be held purely for private profit. (Code 1977, § 23-135(c)) Sec. 324114. - Notice of permit rejection. If the Chief of Police disapproves the permit application, he shall mail to the applicant within three days after the date upon which the application was filed, a notice of his action. Sec. 32 107115. - Alternative permit. The Chief of Police, in denying an application for a parade permit, shall be empowered to authorize the conduct of the parade on a date, at a time, or over a route different from that named by the applicant. An applicant desiring to accept an alternate permit shall, within two days after notice of the action of the Chief of Police, file a written notice of acceptance with the Chief of Police. An alternate parade permit shall conform to the requirements of, and shall have the effect of a parade permit under this article. Sec. 32 198116. - Contents of permit. Each parade permit shall state the following information: A. Starting time. B. Minimum speed. C. Maximum speed. D. Maximum interval of space to be maintained between the units of the parade. E. The portions of the streets to be traversed that may be occupied by the parade. F. The maximum length of the permit in miles or fractions thereof. G. Such other information as the Chief of Police shall find necessary to the enforcement of this article. Sec. 32 100117. - Possession of permit. The parade chairman or other person heading or leading such activity shall carry the parade permit upon his person during the conduct of the parade. Sec. 32-200. - Compliance with law required. A permittee hereunder shall comply with all permit directions and conditions and with all applicable laws and ordinances. (Code 1977, § 23-135(g)) Sec. 32--291119. - Revocation of permit. The Chief of Police shall have the authority to revoke a parade permit issued hereunder upon application of the standards for issuance as herein set forth, Sec. 32 202120. - Obstruction, interference, etc. Whenever the Chief of Police issues a permit under this article, no nonparticipant in such parade shall obstruct or in any way interfere with the order of such march, parade or procession by any means whatsoever. (Code 1977, § 23-135(e)) Sec. 32 203121. - Exceptions. This article shall not apply to: A. Funeral processions. B. Students going to and from school classes or participating in education activities, providing such conduct is under the immediate direction and supervision of the proper school authorities. C. A governmental agency acting within the scope of its functions. Secs. 32-294122-32 200129. - Reserved. DIVISION 2. SIDEWALK CAFES Sec. 32-134. - Sidewalk cafe permits. The Department of Planning and Protective Services may issue a permit to use a City sidewalk, pursuant to this section of the Code of the City of Jefferson, for a sidewalk cafe, subject to the following conditions: A. The permittee shall at all times comply with ordinances of the City of Jefferson, Missouri and laws of the State of Missouri, as well as applicable rules and regulations pertaining to the handling of food and the operation of a restaurant. B. A permit shall be granted to permittee only in conjunction with an existing restaurant in an area adjacent to such restaurant. A permit may be granted upon a determination that the operation of the sidewalk cafe does not prevent the reasonable use of the City sidewalks by the public and that it does not interfere with businesses in the area. The permittee shall limit the use of the sidewalk to those activities that have been approved. C. The permittee shall submit with the application a plan showing disposal procedures for litter, which include procedures for keeping the area clean, and which shall include sweeping the sidewalk every day the area is utilized by customers. The permittee shall make adequate provision for the disposal of litter and shall maintain the premises used for said sidewalk cafe free of litter Litter generated by the sidewalk cafe operation shall be the responsibility of the permittee, and the permittee shall make reasonable provision to see that such litter does not become a nuisance and is property picked up from the public ways in and around the sidewalk cafe. The City may require a bond or cash to guarantee that the area will be cleaned up. The permittee shall have a trash receptacle provided by the business for use by the customers eating outside or alternate plan approved by the City staff. In the event the permittee does not clean up the area, the City reserves its right to do the cleaning itself and to charge the permittee for the cost of the cleanup. This charge shall be a private debt against the permittee, and failure to pay shall constitute cause to revoke or not renew the permit. The City may also revoke the permit for failure to properly maintain and sweep the area identified on the permit including public trash cans. D. The permittee shall at all times maintain insurance in an amount not less than $500,000.00 to protect the City from any liability which might arise from the activities in the area, in an amount and form to be determined by the Law Department of the City of Jefferson, Missouri. Permittee shall submit copies of said insurance to the Finance Department for approval prior to licensee commencing the operation of the sidewalk cafe. E Before any work is performed on the sidewalk or other City property, the applicant shall submit a written plan describing the work. No work shall be performed on City property until the Director of Planning and Protective Services has authorized the same and a permit is issued by the City to do the work. In no event shall the work exceed that which is described in the permit as approved by the City. F. The permittee shall remove all chairs and tables at the end of each working day, as well as all other appurtenances, unless permission is otherwise granted in the license. G. The permittee shall at all times maintain a four -foot throughway on the sidewalk for pedestrian access. H. The permittee shall agree to indemnify and hold harmless the City of Jefferson, Missouri with respect to any claims that might be made, arising out of the operation of the sidewalk cafe. The permittee shall accept the permit, subject to his own determination, concerning the authority of the City of Jefferson, Missouri to grant said permit, and all risk with respect to whether or not the City has said authority is upon permittee. The City makes no affirmative representations concerning its authority to grant said permit. !. In the event the permittee violates any of the conditions of this Article or conditions which are a part of the permit, the Director of Planning and Protective Services shall have the authority to suspend or revoke said permit or the license to operate a restaurant, pursuant to procedures set forth in this Article. Permittee shall thereafter terminate the use of that area described in the permit unless the City gives permittee an opportunity to correct said violation. This permit may be terminated by either party upon fifteen (15) days' notice. Any person who violates this section or the conditions of the permit shall also be subject to the penalties set forth in section 1-13 of the Code of the City of Jefferson. J. Permittee agrees to comply with alt laws of the State of Missouri and ordinances of the City of Jefferson in the operation of the sidewalk cafe. K. The City shall cause a permit to be prepared, in accordance with the conditions set forth herein and conditions established by the Director of Planning and Protective Services, which permit and conditions shall be accepted by the permittee. L. The permit shall be issued annually on November 1. M. The fee for such permit shall be set by the City Administrator in appendix Y. (Ord. No. 13301, 11-5-2001; Ord. No. 15148, § 1, 8-19-2013) Sec. 32-2131. - Extension of liquor license. Notwithstanding the other provisions of chapter 4, alcoholic beverages, where a permittee holds a liquor license for an existing restaurant, the license shall be deemed to extend to the premises of the sidewalk cafe. Sec. 32-2132. - Consumption of alcohol. Notwithstanding the provisions of section 4-17 of chapter 4, alcoholic beverages, where a permittee holds a liquor license for an existing restaurant, the consumption of intoxicating liquor shall be deemed to be permitted on the premises of the sidewalk cafe provided, however, that such permission shall be deemed suspended during such times as the applicable sidewalk is within or within 20 feet of an active temporary outdoor consumption permit unless the license holder places a sign on each table located on said sidewalk which states that no alcohol may be removed from the sidewalk cafe premises, and the premises of the sidewalk cafe is cordoned off from the temporary outdoor consumption permitted area. (Ord. No. 12798, § 1, 8-17-98; Ord. No. 14837, § 2, 8-15-2011) Secs. 32-2133-32-391399. - Reserved. DIVISION 3. DOWNTOWN ELECTRICAL SERVICE AREA Sec. 32-500140. - Purpose and intent. The purpose of this article is to provide for the permissive use of electrical power from the City's electrical facilities located within the Downtown Electrical Service Area. (Ord. 15763, § 1, 1-16-2018) Sec. 32-504141. - Downtown Electrical Service Area established. There is hereby established the Downtown Electrical Service Area, which includes Capitol Avenue from Cherry Street to Adams Street; High Street from Washington Street to Adams Street; and Madison Street from Capitol Avenue to High Street. (Ord. 15763, § 1, 1-16-2018) Sec. 32 502142. - Permit required. No person shall access the electrical power facilities located within the Downtown Electrical Service Area without first obtaining a permit from the Department of Public Works. If a permit is requested for an event, then the event organizer shall apply for and receive the permit for electrical power access for all of the event participants. (Ord. 15763, § 1, 1-16-2018) Sec. 32 503143. - Permit fee. The City Administrator shall establish the fee for the permit to access electrical power in the Downtown Electrical Service Area as set forth in appendix Y. (Ord. 15763, § 1, 1-16-2018) Sec. 32-504144. - Permit duration. The permit shall be valid for up to five consecutive calendar days. The permittee must obtain an additional permit to use the electrical services for a duration longer than five days. (Ord. 15763, § 1, 1-16-2018) Sec. 32 505-145 - Usage Guidelines. The Director of Public Works shall promulgate the guidelines and rules for the usage of electrical power within the Downtown Electrical Service Area. Any user who misuses the system shall pay a reimbursement fee to the City of $50.00 per hour incurred by City personnel to repair the system or the actual charge of any contractor hired by the City to repair the system, whichever is greater. (Ord. 15763, § 1, 1-16-2018) Sec. 32-50+146. - Tampering with electrical facilities prohibited. No person shall damage, destroy, misuse, or tamper with the electrical facilities located within the Downtown Electrical Service Area. A violation of this section is an ordinance violation punishable by a fine of up to $1,000.00 or up to 180 days imprisonment, or both. (Ord. 15763, § 1, 1-16-2018) Secs. 32 507147-32 599159. - Reserved. Division 4. BANNERS ON UTILITY POLES OR OVER STREETS Sec. 32-600160. - Purpose. The purpose of this section is to establish the practice and procedure for placement of banners on utility poles or over streets within certain areas of the City of Jefferson. Sec. 32161. - Practice. The Department of Public Works, under the direction of the Director of the Department of Public Works, shall be the lead department in the administration of this policy. (Ord. 13600, § 3, 9-2-2003; Ord. 15098, § 1, 4-1-2013) Sec. 32-0162. - Banners on utility poles. A. Requests for overhead banner placement shall be submitted, in writing, to the Department of Public Works not less than four weeks prior to the desired display period. Requesting organizations should contact the Department of Public Works for an application form and instructions. The application shall be accompanied with an installation fee as outlined in appendix Y. The installation fee will be refunded should the application not be approved. B. Banners may be installed for the benefit of non-profit organizations such as, but not limited to, educational institutions (at high school level or higher), associations formed for the purposes of business, and City boards or commissions. C. For purposes of this policy, a "display period" shall consist of March 7 through August 14, August 15 through November 14, and November 15 through March 6. D. Applications will be approved on a first-come, first-served basis excepted as stated hereinafter. The date of receipt of the required fees shall constitute the application date. E. All overhead banners shall be installed under the direction of the Department of Public Works. Requesting organizations may not install banners. Banners will not be installed until all permits, fees and approvals are in place and the requesting organization has delivered the banner to the Department of Public Works' administrative offices. F. This program allows for inspection by the City of existing banners/brackets at an annual cost of $10.00 per banner. Should the Director of Public Works determine that a banner needs to be replaced or should the requesting organization choose to change a banner, the cost for such replacement or change shall be $10.00 per banner. Removed banners must be claimed by the organization at the Department of Public Works offices no less than ten business days after the organization receives notice of removal. A letter mailed to the organization's registered address will constitute notice. Unclaimed banners will be discarded. G. Organizations will be required to have a minimum of either two banners, or at least five percent of the total installed banners, whichever is greater, in reserve for replacements of damaged banners. H. The organization shall be responsible for all banner production costs and must deliver the banner to the Department of Public Works complete and ready for installation in accordance with the Department of Public Works specifications. 1. The organization will hold harmless the City of Jefferson, Missouri from any damages which may arise from the placement of the banner. J. Banner specifications shall be as follows: Size: up to 48 inches high (outside edge to outside edge) and 64 feet six inches long; banner must have a three-inch hem along the top and bottom edge for cabling, with reinforced double stitching; materia! shall be 18 oz. vinyl or banner canvas (Sunbrella) with wind slits to reduce wind load; banners must be printed on both sides; banner may not include any commercial or sponsor logo or advertisement; and banners must be clean and serviceable. All banners submitted by an organization for display during the same time period must be of the same size. (Ord 15098, § 2, 4-1-2013) Sec. 32-683163. - Temporary event banners over streets. A. Other provisions of this chapter not—withstanding, temporary event banners may be erected in connection with a specific event across public streets subject to the following conditions: 1. Banner may not be attached to a light or utility pole, 2. Permission must be obtained from the property owners on either side of the street where the banner crosses the street. 3. Erection of the banner shall be subject to obtaining permission of the Director of Public Works or his or her designee who may impose conditions as to height, materials, and manner of construction. 4. Banner may be up for a period of no more than four days and may not be put back up for three days. 5. The temporary event banner must be erected by an association which has been organized for at least two years and with at least 25 dues paying members. 6. The temporary event banner may only advertise the event, and may not advertise any specific business, individual, or organization. 7. The temporary event banner must not interfere with traffic if it is to be maintained at times when traffic is passing under it. 8, No less than one week prior to placing the temporary event banner, a permit must be obtained from Director of Public Works or his or her designee. Before issuing the permit the Director of Public Works shall verify that the banner complies with this section and that the applicant meets the eligibility requirements. Fees shall be as set forth in appendix Y. Sec. 32-64164. - Exceptions. The banners listed in this article are not subject to the definitions of banners or advertising devices in chapter 3 of the Code of the City of Jefferson. Sec. 32-6064165 - Ownership. The City of Jefferson shall be the owners of any banners placed pursuant to this article but the City Administrator shall be authorized to gift the banners back to the donor upon their removal. (Ord. No. 15813, § 6, 08-21-2018) ARTICLE VIII.DIVISION 5.— NEWSRACKS Sec. 32-210170. - Intent and purpose. The City Council of the City of Jefferson, Missouri, finds and declares that: A. The uncontrolled placement of news racks in public rights-of-way presents an inconvenience and danger to the safety and welfare of persons using such rights-of-way, including pedestrians, persons entering and leaving vehicles and buildings, and persons performing essential utility, traffic -control and emergency services. B. News racks so located as to cause an inconvenience or danger to persons using public rights- of-way, and unsightly news racks located therein, constitute public nuisances. C. The provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, safety and general welfare of persons in the City of Jefferson in their use of public rights-of-way. (Ord. No. 10219, § 1, 6-4-84) Sec. 32 211171. - Definitions. Unless otherwise expressly stated or the context clearly indicates a different intention, the following terms shall, for the purpose of this article, have the meanings indicated in this section: Block. One side of a street between two consecutive intersecting streets. Distributor. The person responsible for placing and maintaining a news rack in a public right-of-way. News rack. Any self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for the display and sale of newspapers or other news periodicals. Parkway. That area between the sidewalks and the curb of any street, and where there is no sidewalk that area between the edge of the roadway and property line adjacent thereto. Parkway shall also include the area within a roadway which is not open to vehicular travel. Roadway. That portion of a street improved, designed or ordinarily used for vehicular travel. Sidewalk. Any surface provided for the exclusive use of pedestrians. Street. All that area dedicated to public use for public street purposes and shall include, but not be limited to, roadways, parkways, alleys and sidewalks. (Ord. No. 10219, § 1, 6-4-84) Sec. 32 212172. - Permit required. It shall be unlawful for any person, firm or corporation to erect, place, maintain or operate on any public street or sidewalk, or in any other public way or place, in the City of Jefferson any news rack without first having obtained a permit from the City specifying the exact location of such rack(s). One permit may be issued to include any number of news racks. All news racks on a public street or sidewalk, or in any other public way or place, on the date this article becomes effective shall comply with the provisions of this article, including permit requirements, within 30 days after the article becomes effective. (Ord. No. 10219, § 1, 6-4-84) Sec. 32-24-3173. - Application for permit. Application for such permit shall be made, in writing, to the Director of Public Works upon such form as shall be provided by the Director, and shall contain the name and address of the applicant, contain the proposed specific location of said news racks, and be signed by the applicant. The application shall also contain the name, address and phone number of a person designated by the applicant to receive the notices and emergency calls designated in this article. (Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001) Sec. 32 21'1174. - Conditions for permit. A. Permits shall be issued immediately upon application for the installation of a news rack or news racks without prior inspection of the location, but such news rack or news racks and the installation, use or maintenance thereof shall be conditioned upon observance of the provisions of this article. B. Such permits shall be valid for one year and shall be renewable pursuant to the procedure for original applications referred to in section 32-24-3173. (Ord. No. 10219, § 1, 6-4-84) Sec. 32 215175. - Standards for maintenance and installation. Any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards: A. No news rack shall exceed five feet in height, 30 inches in width, or two feet in thickness. B. No news rack shall be used for advertising signs or publicity purposes other than those dealing with the display, sale or purchase of the newspaper or news periodical. C. Each news rack shall have affixed to it in a readily visible place so as to be seen by anyone using the news rack a notice setting forth the name and address of the distributor and the telephone number of a working telephone service to call to report a malfunction, or to secure a refund in the event of a malfunction of the coin -return mechanism, or to give the notices provided for in this article. D. Each news rack shall be maintained in a neat and clean condition and in good repair at all times. (Ord. No. 10219, § 6-4-84) Sec. 32 216176. - Location and placement of news rack. Any news rack which in whole or in part rests upon, in or over any public sidewalk or parkway shall comply with the following standards: A. No news rack shall be permitted to rest upon, in or over any public sidewalk or parkways, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location unreasonably interferes with public utility purposes, public transportation purposes or other governmental use, or when such news rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, the ingress into or egress from any residence or place of business or any legally parked or stopped vehicle, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted and located at or near said location. B. No news rack shall be chained or otherwise attached to any public property, except that news racks may be bolted to the sidewalk under guidelines established by the Director of Public Works. The guidelines shall minimize cracking or other damage to the sidewalk, shall minimize hazardous projections, and shall require installation of a nature which minimizes damages and hazardous projections when the rack is removed, C. News racks may be chained or otherwise attached to one another. No more than three news racks may be joined together in this manner, and a space of no Tess than 24 inches shall separate each group of three news racks so attached. D. Notwithstanding the provisions of subsection (a), no news rack shall be placed, installed, used or maintained: 1. Within three feet of any crosswalk. 2. Within 15 feet of any fire hydrant. 3. Within five feet of any driveway, public or private. 4. Within 50 feet of any fire or police station. 5. Within three feet ahead or 30 feet to the rear of any designated bus stop sign, except that this provision does not prohibit a news rack on the building side of the sidewalk in this area as long as it complies with the other provisions of this article. 6. Within five feet of any designated taxi stand or place marked for handicapped parking. 7. Within three feet of any bench or the entrance to a bus shelter. 8. On the same side of the street in the same block with any other news rack which contains the same issue or edition of the same newspaper or news periodical. 9. So as to interfere with or impair the vision of operators of vehicles at street intersections and/or street and alley intersections. 10. In such a manner as to impede or interfere with the reasonable use of a window used for display purposes. A news rack placed at least six feet away from a display window does not impede or interfere with its reasonable use. (Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001) Sec. 32 217177. - Violations. A. News rack installed, used or maintained in violation of the provisions of this article shall be tagged with a "notice of violation" stating the violation, date of tagging, notice of intention to remove the news rack if the violation is not corrected within seven days, and the procedure for obtaining a hearing before the City Administrator, if desired. In addition, an order to correct the offending condition will be issued to the distributor of the news rack by mailing a copy of the order by certified mail, return receipt requested. B. If the news rack remains in violation past the seven-day correction period, and no hearing has been requested, the news rack shall be removed by the Director of Public Works or his designated officer and stored in any convenient place. The Director of Public Works or his designated officer shall notify the distributor by mailing a "notice of removal" to the last known address of the distributor. The notice shall state the date the news rack was removed, the reasons therefor, the location and procedure for claiming the news rack, and the procedure for obtaining a post-removal hearing before the City Administrator. Any such news rack removed and stored pursuant to these provisions shall be released to the owner thereof if claimed within 45 days after such removal. The cost of the removal and storage shall be billed to the distributor. Upon failure of the distributor to claim the news rack within 45 days after the mailing of written notice of removal, the news rack shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of the City Code. C. Any news rack in violation of the provisions of this article, which violation creates an immediate danger to the health, safety or welfare of the public, and which cannot be corrected by moving or otherwise repositioning the news rack, may be removed and stored in a convenient location so as to eliminate the danger. The Director of Public Works or his designated officer shall notify the distributor by mailing a "notice of removal" to the last known address of the distributor. The notice shall state the date the news rack was removed, the reasons therefor, the location and procedure for claiming the news rack, and the procedure for obtaining a post-removal hearing before the City Administrator. Any news rack removed and stored pursuant to this paragraph shall be released to the owner thereof if claimed within 45 days after the mailing of written notice of removal. The cost of the removal and storage shall be billed to the distributor. Upon failure of the distributor to claim the news rack within 45 days after the mailing of written notice of removal, the news rack shall be deemed to be unclaimed property and may be disposed of pursuant to the provisions of this City Code. (Ord. No. 10219, § 1, 6-4-84; Ord. No. 13301, 11-5-2001) Sec. 32 21817£3. -Appeals. Any person or entity aggrieved by a finding, determination, notice or action taken under the provisions of this article may appeal, and shall be apprised of the right to appeal, to the City Administrator. An appeal must be perfected within seven days after receipt of notice of any protested decision or action by filing with the office of the City Administrator a letter of appeal briefly stating therein the basis for such appeal. A hearing shall be held on a date no more than ten days after the receipt of the letter of appeal. A hearing shall be held on a date no more than ten days after the receipt of the letter of appeal. Appellant shall be given at least seven days' notice of the time and the place of the hearing. The City Administrator shall give the appellant, and any other interested party, a reasonable opportunity to be heard. Any party may be represented by counsel, and all parties shall have an opportunity to be heard and present such evidence as shall be relevant to a determination of whether or not the news rack is in violation of the provisions of this article, and whether or not the procedures required by this article have been substantially followed. The City shall be required to present its evidence first. All testimony shall be under oath, which shall be administered by the City Administrator. Within ten days from the date of the hearing, the City Administrator shall render his decision and shall mail a copy of that decision to the distributor. (Ord. No. 10219, § 1, 6-4-84) Sec. 32 219179. - Disclaimer. This article, while regulating news racks in public rights-of-way, is not to be construed as a sanction of them. The first amendment to the Constitution of the United States has been interpreted by the courts as prohibiting the banning of news racks. Therefore, nothing contained in this article shall be construed as the City's acquiescence in, liability for, or assumption of the risks of the placement of news racks in the City, whether or not they are in conformity with the provisions of this article. (Ord. No. 10219, § 1, 6-4-84) Sec. 32 220180. - Severability. If any section, subsection, sentence, clause or phrase of this article is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this article. (Ord. No. 10219, § 1, 6-4-84) Secs. 32 221181-32-22-9189. - Reserved. DIVISION 6. ADOPT -A -STREET AND ADOPT -A -SPOT PROGRAMS Sec. 32-400190. - Definitions. Adopted section means a particular section of City right-of-way or other City property designated by the City Administrator, or his or her designee, to be adopted by the volunteer individual or group participating in an Adopt -A -Street or Adopt -A -Spot program. Adopter means the individual or group approved by the City Administrator, to be a participant in the Adopt -A -Street or Adopt -A -Spot. Adopter representative means a group member designated to represent the volunteer group and serve as its liaison with the City Administrator. The adopter representative is the person who signs the agreement. Agreement means the written agreement between the volunteer individual or group adopting a section of City right-of-way or other City property and the City Administrator. Applicant means the individual or group applying for participation in the Adopt -A Street or Adopt -A - Spot program. City Administrator means the City Administrator of the City of Jefferson, Missouri, or his or her designee. Department means the Department of Public Works. Director means the Director of the Department of Public Works or his or her designee. Litter means any unsightly matter that may include, but is not limited to, disposable packaging, containers, cans, bottles, paper, and cigar or cigarette butts. Litter does not include hazardous, heavy, or large items. Participant means any individual, including individuals within a group, who will be participating in a program activity. Program means the Adopt -A -Street or Adopt -A -Spot program. Program activity means activities authorized by this article. Signs mean the Adopt-A-Street or Adopt-A-Spot signs provided by the Department. Violent criminal activity means any offense having as an element the use, attempted use, or threatened use of physical force against the person or property of another or any offense involving weapons. Sec. 32-40191. - Application for participation. A. The adopter or adopter representative of a group who desires to participate in the program shall submit an application for the requested program to the City Administrator, on the form provided. B. An application completed by an individual on behalf of a group or organization must identify the group or organization for which the application is being submitted and failure to identify the group or organization on the application will result in rejecting the application. C. Adoption eligibility. Civic and nonprofit organizations, commercial and private enterprises, and individuals may be eligible to adopt. Applicants who do not meet the eligibility requirements will be denied participation in the program, and adopters who no longer meet the applicant eligibility requirements may be removed from the program. The City Administrator reserves the right to limit the number of adoptions for a single group. D. The following applicants are not eligible to adopt: 1. Individuals who have been convicted of, or pled guilty or no contest to, a violent criminal activity, unless ten years have passed since completion of the latest incarceration, probation, or parole for violent criminal activity; or 2. Organizations and enterprises with any program participants who have been convicted of, or pled guilty or no contest to, a violent criminal activity, unless ten years have passed since completion of the latest incarceration, probation, or parole for violent criminal activity. E. Acceptance of application. The City Administrator has the authority to approve applications of individuals or groups applying to participate in the program. F. Denial of application. The City Administrator is authorized to deny requests for participation in the program. A request for participation in the program may be denied if the applicant does not meet the eligibility requirements or has submitted false statement(s) of a material fact or has practiced or attempted to practice any fraud or deception in an application. Material facts include statements regarding convictions of violent criminal activity. Sec. 32-40192. - Agreement; general responsibilities of adopter and the City. A. If an application is approved by the City Administrator the adopter or adopter representative shall execute a written agreement with the City of Jefferson, which shall be approved by the City Counselor, and upon signing by both parties, the agreement shall become effective and provides for the individual's or group's participation in the program. 8. Responsibilities of adopter. The adopter shall: 1. Abide by all provisions contained in the agreement and any other terms and conditions as required by the City Administrator; and 2. Provide to the City Administrator, the name and complete mailing address, including street address, of the adopter representative. The adopter shall notify the City Administrator within 30 days of any change of the adopter representative's name or address; and 3. Provide instruction to all members of the group participating in the program activity regarding conducting all activities in a safe and careful manner, including awareness that work next to any street may be an inherently dangerous activity; and 4. Properly use all equipment in a safe, responsible, and professional manner and have all members watch a safety video provided by the Department; and 5. Provide one adult supervisor for every eight participants between 13 and 17 years of age and one adult supervisor for every four participants between ten and 12 years of age. No one under the age of ten will be allowed to participate in the program; and 6. Adopt -a -section of right-of-way for a minimum of three years and submit a new application every three years if the adopter wants to continue participation in the program; and 7. Restrict program activities to the areas of right-of-way outside the pavement and shoulder areas; and 8. Perform program activity between the hours of one hour after sunrise to one hour before sunset; and 9. Prohibit program activities during inclement weather; and 10. Prohibit participants from possessing, consuming, or being under the influence of alcohol or drugs while participating in the program activity; and 11. Indemnify and hold harmless the City of Jefferson and their officers, employees, and agents from any claim, lawsuit or liability which may arise from adopter's participation in the program or as provided by the law; and 12. Submit to the City Administrator, within five working days of any program activity, the following information: a. The adopter's name; and b. The date(s) of the program activity; and c. The total hours involved in the program activity; and d. The total volunteers involved in activity; and e. The total number of bags of trash picked up, or other activity performed. 13. Not subcontract or assign its responsibilities under this program to any other enterprise, organization, or individual unless assignee is also eligible to adopt and 14. Not decorate or alter the signs. C. Responsibilities of the City. The City Administrator will: 1. Determine the specific section of right of -way or City property that is to be adopted; 2. Install and maintain a sign or signs, if desired by the adopter. Signs may be placed at both ends of the adopted section, or at a single location as determined by the City Administrator. 3. Remove and dispose of filled trash bags from the adopted section as soon as practical after the litter pickup is finished. 4. Provide the adopter with a safety video. Sec. 32403193. - Authorized program activity and specific responsibilities of adopter. A. Adopters may be authorized by the City Administrator to perform one or more of the following activities. Only activities authorized in the Agreement shall be permitted: 1. Collection of litter, 2. Mowing and/or maintenance of plants and landscaping; 3. Planting or installation of approved landscaping plants and materials; 4. A combination of the above activities. B, Responsibilities of adopters who are authorized to collect litter shall be as follows: 1. Collect litter along the adopted section four times a year, or as outlined in the Agreement; and 2. Adopt a minimum of one-half mile or shorter length as determined by the City Administrator; and 3. Place litter in trash bags and place filled trash bags at a designated location; and 4. Separate tires, batteries and other trash as needed for proper disposal according to local landfill requirements; and 5. Notify fhe City for disposal of filled litter bags as soon as possible after litter pickup. C. Responsibilities of adopters authorized to mow, maintain , and/or install landscaping shall be as follows: 1. Adopt a specific "spot," such as a round -about and/ or area of right-of-way or other City property, as agreed upon and specified in the Agreement; 2. Accomplish mowing in a safe manner and as needed to comply with all City codes. 3. If installing landscaping, submit a plan showing types of plants and materials proposed to be used, and a schedule for maintenance. Planting and landscaping materials and the schedule for maintenance shall be as approved by the City Administrator. Sec. 32-404194. - Signage. A. Upon request of an approved and finalized adopter agreement, the Department shall erect one sign for Adopt A -Spot, or multiple signs designating the adopted sections for Adopt -A -Street programs. B. The signs shall: 1. Identify the adopter or, subject to the approval of the City Administrator, may identify an individual in whose memory the adoption is being made; and 2. Be designed by the Department as to size, color, and text; and 3. Have the actual name of the adopter, or individual in whose memory the adoption is being made, with no telephone numbers, logos, slogans, dates, or addresses, including Internet addresses, with verbiage kept to a minimum; and 4. The signs shall not contain wording that is obscene, profane, or sexually suggestive, or implies an obscenity, profanity, or sexual content. Signs are not intended to be an advertising medium or serve as a means of providing a public forum for the participants; and 5. The signs shall not be altered or decorated by the adopter at any time. C. The erection of a sign is not a requirement for participation in the program. If during the length of the agreement, a sign is damaged, destroyed, stolen, or removed from its foundation by an act of vandalism, the Department will erect a single replacement sign at Department cost. The repair and reinstallation of a removed sign is counted as a replacement sign erection. If the replacement sign is damaged, destroyed, stolen, or removed from its foundation by an act of vandalism, the Department will erect a second replacement sign at Department cost. If the second replacement sign is damaged, destroyed, stolen, or removed from its foundation by an act of vandalism, the Department may remove the sign if still present, and no replacement sign will be erected. Sec. 32-493195. - Modification or termination of the agreement. A. The agreement may be modified or terminated at the discretion of the City Administrator. B. After three years of participation in the program, an adopter may terminate the agreement upon notice to the City Administrator. (Ord. 14803, § 1, 6-20-2011; Ord. No. 14829, § 8, 8-1-2011; Ord. No. 14994, § 2, 7-16-2012) Secs. 32-4196-32-4199. - Reserved. ARTICLE IX. ARTICLE XDIVISION 7. - HOUSE NUMBERS ON CURBS Sec. 32-3200. - Purpose and intent. The purpose of this Article is to provide for the licensing and regulation of the business of painting street addresses on curbs within the City of Jefferson. Sec. 32 311201. - Posting bills, painting signs, etc., prohibited; exceptions. A. It shall be unlawful for any person to post or cause to be posted any bill, or paint, write or print, or cause to be painted, written or printed, any sign or device on any sidewalk, street, bridge, viaduct, pole, tree, post or on any wall, building or structure, or other property of another, unless in the case of private property, the prior consent of the owner thereof has been secured. For the purposes of this section, the presence of any bill, sign, device, painting, or printing in a location prohibited by this section which contains or includes the name of a business or corporation or the name by which a business or corporation is doing business, shall be prima facie evidence that both the business or corporation and its manager(s), officer(s) and director(s) had knowledge thereof and had posted, painted, written, or printed such bill, sign, device, painting or printing in such location or caused the same to be posted, painted, written or printed in such location. Further for the purposes of this section, the presence of any bill, sign, device, painting or printing in a location prohibited by this section which shall contain or include the name of any person shall be prima facie evidence that such person had knowledge thereof and had posted, painted, written or printed such bill, sign, device, printing or painting in such location or caused the same to be posted, painted, written or printed in such location. B. The Director of Public Works is hereby authorized to issue permits allowing the placing of house numbers on curbs on public streets and other public rights-of-way. The Director of Public Works is authorized to issue permits under such conditions and to such persons as the Director deems competent and responsible. The provisions of paragraph (a) of this section shall not apply to the placing of street numbers on curbs which conform to the rules and regulations and for which a permit has been issued. C. Nothing in this Article shall be construed to prohibit a property owner from placing house numbers on curbs on public streets and public rights-of-way in front of their own property in the manner provided in section 32 312202, except that the provisions of subparagraphs (d) and (f) of section 32- 31-2--202 shall not apply to property owners. (Ord. No. 13301, 11-5-2001) Sec. 32 312202. - Requirements for painting on curbs. A. Numbers shall be uniform, easily legible and meet the following standards: 1. Numbers shall be on a white background six inches by 18 inches. 2. Numbers shall be black, round -block style, three inches high with a height -stroke ratio of 6:1. 3. Paint shall be of a quality meeting A.S.T.M. standards for traffic marking paint for appearance, durability and night visibility. Paint quality shall be approved by the Director of Public Works. B. Numbers shall be placed only on curbs in good condition. C. Numbers shall be located on the curb in front of the house. D. Business licenses will be issued by the Finance Department. E. Persons applying these signs and markings to the curbs who do not comply with these standards shall have their business license revoked and be responsible for removal of any work done. F. Permits will be issued by the Public Works Department, (Ord. No. 13301, 11-5-2001) Sec. 32 313203. - Revocation of permit. A. Any permit issued pursuant to the provisions of this article may be revoked by the Director of Public Works if the licensee or anyone acting under the licensee's direction or control as an agent or employee violates any of the provisions of this article. B. Any permit issued pursuant to the provisions of this article may be revoked by the Director of Public Works if the licensee knowingly has made any false, misleading or fraudulent statement of material fact in the application for a license required in this article. C. Any permit issued pursuant to the provisions of this article shall be revoked by the Director of Public Works if the licensee or any person acting under the licensee's direction or control as an agent or employee has displayed to a customer or prospective customer for curb address painting, either the original of or any copy of an expired or revoked license. (Ord. No. 12603, § 1, 4-21-97; Ord. No. 13301, 11-5-2001) Secs. 32-344204-32-329209. - Reserved. ARTICLE XI. ARTICLE XII. ARTICLE XIII. ARTICLE XIV. ARTICLE VII. SPECIAL ASSESSMENTS° Footnotes: --- (21 --- State Law reference— Special assessments generally, RSMo § 88.507 et seq. Sec. 32 33210. - Method of computation. A. Subject to the provisions of subsection B of this section, the cost of any work or improvement provided for by articles !ll or 1 -VII of this chapter that is made or done by contract or by the Director of Public Works acting for the City shall be levied as a special assessment against the lot, tract or parcel of land along, abutting and in front of such improvement. The cost of approaches, as defined in section 32-5931, shall be levied as a special assessment against the corner lots with which such approaches abut and connect. The cost of grading, paving or macadamizing the squares and areas as formed by the crossing or meeting of streets, avenues or alleys, or parts thereof or connections therewith, shall be paid for by levying a special assessment, as follows: Such areas shall be divided into parts or portions by lines drawn lengthwise along the middle of each street, avenue or part thereof so intersecting or meeting, and the costs of such parts or portions shall be levied as a special assessment against the block or square contiguous to each and prorated, in proportion to the front feet, against the lots or pieces of ground in such block or square fronting or abutting on each of such intersecting, crossing or meeting streets, avenues or alleys, or parts thereof. B. If the City Council, by the ordinance authorizing and directing such improvements to be made, shall provide that all or any portion of such improvements shall be paid for in whole or in part out of the general revenue funds or other funds which the City has available for such purposes, only such portion of such improvements shall be paid for through the issuance of special assessments as is specified in the ordinance authorizing and directing the improvements to be made. (Code 1977, § 33-37; Ord. No. 13301, 11-5-2001) Sec. 32-9211. - Director of Public Works to make report; assessment; issuance of tax bilis. Upon the completion of any sidewalk or street improvements, or any improvement contemplated in this chapter, whether made and done by contract or by the Director of Public Works acting for the City as herein provided, in accordance with the plans and specifications and contract for such improvements and according to the plans and specifications therefor if the work was done by the Director of Public Works acting for the City, as herein provided, the Director of Public Works shall compute the cost thereof and apportion such cost among the various tracts and parcels of land changeable therewith, charging each tract of land with its proportionate part of the cost as required by law. The Director of Public Works shall make a written report to the City Council that such improvement has been completed in accordance with the contract for such improvement, and if the work has been done by the Director of Public Works acting for the City, as herein provided, reports that such work has been done according to plans and specifications therefor, which report shall contain a written description of each tract and parcel of land chargeable with a part of the cost of such improvement, the amount with which itis chargeable and the name of the owner thereof. If the Council accepts the work and approves such report, it shall, by ordinance, levy and assess the cost of the work against the various lots, tracts and parcels of land with its proportionate part of the cost of such work in accordance with the law relative to such charges, and shall direct the City Clerk to issue special tax bills in accordance with such ordinance. (Code 1977, § 33-38; Ord. No. 13301, 11-5-2001) Sec. 32-40212. - Special tax bills—Contents. Al! special tax bills issued to pay for sidewalks, street improvements or any work or improvement contemplated in this article shall be issued as provided for in chapter 1 of the City Code. (Code 1977, 4S' 33-39; Ord. No. 13301, 11-5-2001; Ord. 14977„sr 2, 5-21-2012) Sec. 32-4213. - Special tax bills—Methods of payment. Any special tax bill for the construction of any sidewalk shall be paid as provided for in chapter 1 of the City Code. (Code 1977, § 33-40; Ord. 14977, § 3, 5-21-2012) Sec. 32-42214. - Special tax bills—Records. The City Clerk shall, on completion of all special tax bills hereinafter issued as provided by sections 32-40212 and 32-44213 record the bill as provided in chapter 1 of the City Code. (Code 1977, § 33-41; Ord. 14977, § 4, 5-21-2012) Secs. 32-43215-32-3219. - Reserved. ARTICLE VIII. MISCELLANEOUS Sec. 324220. - Street names and widths. The names and widths of the various streets in the City shall be as now platted and dedicated to the City, or as have been specifically changed or established by ordinance of the Council, or as may be hereafter platted and dedicated or established by ordinance. (Code 1977, § 33-1; Ord. No. 10893, 9-9-87; Ord. No. 13185, , ' 2, 5-7-2001) State Law reference— Municipal authority to change street names, RSMo § 77.220. Sec. 32-2221. - Closing streets, alleys, etc. A. Construction or maintenance. The Director of Public Works is hereby authorized to close any public street, alley, highway, roadway, or sidewalk in the City and withdraw such from public use for such time as may be required for said construction. Closure may only be granted after notice to the Police Chief Any such closure shall address pedestrian access and safety. B. Other closures. The Chief of Police upon gvinq notice to the Public Works Director, is hereby authorized to close any public street, alley, highway, or roadway in the City and withdraw such public street, alley, highway, or roadway from public use temporarily for a maximum period of three days for purposes not identified in subsection A in accordance with the following: 1. The Chief of Police shall promulgate an application form for a street closure request, which may include the area of street proposed to be closed, all reasons that said street should be closed, the intended use of the street during closure, and any other information the Chief of Police may deem appropriate. 2. Upon receipt of an application for street closure, the Chief of Police shall authorize the closure of the said street, unless the Chief of Police finds one of the following: a. There are not sufficient alternate routes available to allow the safe and orderly movement of traffic through the area; or b. The closure will unduly interfere with proper fire and police protection of, or ambulance service to, areas contiguous to such closure; or c. The closure will require the diversion of so great a number of City employees, including police officers, that normal City services cannot be provided elsewhere; or d. Previously approved or annual events scheduled for the same time as the proposed closure will require the diversion of so great a number of City employees, including police officers, that necessary City services cannot be provided to the area proposed to be closed; or e. The street closure is reasonably likely to cause injury to persons or property; or f The street closure is reasonably likely to cause a negative financial impact to those businesses adjacent to the closed street; or The requested street closure is longer than necessary to accomplish the purpose behind the request for street closure. Upon such finding, the Chief of Police may approve a street closure which is limited to only that time which is necessary for the activity or event; or h. The purpose for the street closure does not require the closure of the entire area of the request. Upon such finding the Chief of Police may approve a street closure which is limited to only that area necessary for the activity or event; or The street closure is being held for the primary purpose of advertising any product, cause, goods or event for a for profit entity; or The street closure is primarily necessary only to provide convenient parking for an activity or event. g. 2. The Chief of Police shall notify the applicant of his determination. C. Any person using or attempting to use such street, alley or public highway so withdrawn from public use, or driving or attempting to drive any animal or vehicle thereon, shall be deemed guilty of a misdemeanor -an offence. D. Any street closing not authorized by this section or by another section of the City Code, or any closing in excess of the time for closure allowed pursuant to said sections shall require a permissive use of right of way granted by the City Council. (Code 1977, § 33-2; Ord. No. 9549, § 1, 11-17-80; Ord. No. 13301, 11-5-2001; Ord. 14871, § 1, 11-7-2011) Sec. 32-3222. - Vacating public rights -of --way. A public right-of-way for any street, alley, avenue, drive, boulevard or other public thoroughfare may be vacated by ordinance approved by Council. The vacating process may be initiated by Council or by the following petition process: 1. A written petition signed by two-thirds of the property owners abutting upon the right-of-way sought to be vacated, accompanied by a description of the involved right-of-way shall be filed with the Director of Public Works. City Clerk. 2. The petition shall be referred to the City Council. 3. If the Council finds that the petition for vacation should be approved, the proposed vacation shall be further conditioned upon the passage and approval of an ordinance declaring the involved right-of-way vacated and discontinued for public purposes. 4. Any easement which is, or which may reasonably be, required for City sanitary sewer or surface water drainage facilities, or for any gas, water, electrical, telephone or telegraphtelecommunications facilities or services, whether or not such facilities or services exist or will be constructed, shall be reserved to and retained by the City in any ordinance authorizing and approving the vacation of all or any part of the involved right-of-way. (Code 1977, § 33-3; Ord. No. 10065, ,yV 1(33-3), 9-19-83; Ord. No. 15505, § 1, 3-21-2016) State Law reference— Municipal authority to vacate streets, RSMo § 88.637. Sec. 32-4223. - Sale, etc., of goods, wares or merchandise upon public streets. It shall be unlawful for any person to place or stand for sale or advertising purposes any goods, wares or merchandise of any kind, directly or indirectly, upon the surface of the improved portion of any street, alley or roadway within this City, within the parking area which lies between the curb of any street and the edge of the sidewalk lying closest to the curb, or upon the traveled way of the sidewalk within the City unless otherwise provided for in City Code.: (Code 1977, § 33-4; Ord. No. 13313, § 1, 12-17-2001) Sec. 32-5224. - Obstructing street lamps, etc. Any person who shall erect or maintain any awning or sign board, or other obstruction, on any sidewalk or street in such a manner as to obstruct or obscure the light of any street lamp or electric light within the City shall be deemed guilty of an offence.o misdemeanor. (Code 1977, § 33-5) Sec. 32-6225. - Obstruction of streets, alleys or sidewalks generally; placing of red lights an obstructions. A. It shall be a nuisance to encumber any street, alley or sidewalk within the City, by placing or causing to be placed thereon wood, coal, boxes, crates, merchandise, lumber, brick, stone, gravel, sand or other articles, Any person may use the streets, alleys and sidewalks in the construction of any new building, or in the removal, repair or alteration of any building, or for the purpose of piling thereon of building materials or tools; provided, that such person shall first have obtained the written permission from the Department of Public Works to use such street, alley or sidewalk for such purpose. B. Such person shall cause to be placed a sufficient number of red lights on any obstruction placed by them or under their direction, _ .. - _ - _ - : - - - . - on the street, alley or sidewalk. The number of the red lights shall be determined by the Department of Public Works. The red lights shall be illuminated from thirty minutes prior to sunset until thirty minutes after sunrise. 1. The months of December, January and February, from 5:00 p.m. to 7:00 a.m. 3. During the months of Juno, July and August from 7:30 p.m. to 5:00 a.m. 4. During the months of September, October and November from 5:30 p,m, to 7:00 a.m. (Code 1977, § 33-6; Ord. No. 13301, 11-5-2001) Sec. 32-7226. - Taking of rock, gravel, etc., from, or depositing same upon, streets, sidewalks, etc. Any person who shall take from or deposit on any street, sidewalk or other public place of the City, or on property not owned or controlled by him, without having lawful authority so to do, any turf, loam, gravel, rock or other material shall be deemed guilty of an offence. . (Code 1977, § 33-8) Sec. 32-8227. - Leaving excavations, cellar openings, etc., open or unprotected. A. If any person in the City shall dig, or cause to be dug, or shall make any excavation in or adjoining any highway, thoroughfare or other public place, or shall dig any well, cistern or vault, and shall leave the same open or exposed and without a sufficient fence or other protection around it, or shall suffer or permit any cellar door or grating, opening on any highway or thoroughfare, to be and remain open or in an unsafe or dangerous condition, whereby persons may be in danger of falling on or over cellar door or into such cellar or vault, the person so offending shall be deemed guilty of an offence. B. Any public officer, or contractor for public work, who shall make an excavation in any street or any other public place in the City, and who shall not cause the same to be so enclosed or protected as to prevent persons, animals or vehicles from falling therein, shall be deemed guilty of an offence. a misdemeanor, (Code 1977, §§ 33-9, 33-10) Sec. 32-9228, - Spilling concrete on streets. Any person within the City who permits any ready mixed concrete to fall upon or spill upon any street of the City, except when such ready mixed concrete is being deposited upon a roadway during the construction of a street improvement, shall be deemed guilty of an offence. (Code 1977, § 33-11) Sec, 32 10. Change in grading, paving, etc., necessitating change in location of water pipe, hydrant, etc.; installation of water pipes, etc., generally. hydrant, appurtenance or other facility of any person engaged in the business of soiling water to tho per►- - - - _ e - -ez e -ed, curbed, pave necessary, such person, his successors and assigns, shall make such necessary change, but the cost of made to the City Council for the establishment of permanent grades, curb lines and sidewalk lines, unless shall then i permanent grades and lines. The City shall promptly establish such permanent grades and lines upon ,such applications, and such mains, pip shall be as set forth in /appendix Y. ,FC-edc 1977, § 33 12; Ord. 1 1272, SS 10, 10 15 2007) Sec. 3244229. - Depositing snow on public rights-of-way. A—No person shall deposit or cause to be deposited snow or ice from private parking lots or privately owned property on, er-against, or in any manner which interferes with the use of a fire hydrant or the paved portion of any street, alley, sidewalk, trail, or loading or unloading area of public transportation. B. No person shall deposit or cause to b (Ord. No. 9768, § 1, 4-5-82) Sec. 324230. - Litter. A. Each person in the City shall keep the sidewalks, tree wells in sidewalks, gutters, public rest areas and public alleys in front of and adjacent to any building, tenement, room or real property owned, occupied, possessed or managed by him, or under his supervision and control, clean and clear of mud, filth, dirt, debris, trash, litter and other substances, and weeds and grass, and shall also keep any grass median area between the property line and the street in front of or adjacent to any such property mowed and free from filth, debris, trash, litter and weeds, and shall also keep the sidewalks in front of and adjacent to any such property free and clear of any accumulation of snow and ice which presents a hazard to pedestrians. If any such building abuts directly upon a public street, that portion of such public street so abutting the building shall be kept clean and clear of filth, dirt, debris, trash, litter and other substances. Violation of this subsection is a misdemeanor, and any person convicted thereof shall be fined not less than $50.00,, or more than two hundred fifty dollars ($250.00), or shall be sentenced to a term of confinement of not less than one and not more than 90 days in jail, or shall be both so fined and sentenced. Each day that the condition exists in violation of this subsection constitutes a separate offense. B. Each person in the City shall further keep any yards, grounds, driveways and any other private, nonpublic real property owned, occupied, possessed or managed by him, or under his supervision and control, clean and clear of filth, debris, trash, litter, weeds and other substances. Violation of this subsection is a misdemeanor, and any person convicted thereof shall be subject to the same penalties as are prescribed for a violation of the provisions of subsection (A). C. Each person shall keep any parking lot in the City which is owned or managed by him, or which is under his supervision and control, clean and clear of filth, debris, trash, litter and other substances. Violation of this subsection is an offence a -misdemeanor, and any person convicted thereof shall be subject to the same penalties as are prescribed fora violation of the provisions of subsection (A). D. It is unlawful for any person, purposely or otherwise, to throw, place or deposit, or to cause to be thrown, placed or deposited, upon any public street, alley, sidewalk, tree well in sidewalks, gutter, rest area or public property of any other kind or description, or upon private property of any kind or character, or in any stream bank, stream, or body of water, any garbage, filth, debris, trash, rubbish, litter of any other kind, nature or description, offal, animal carcass or parts thereof, unclean water, or other substances, materials or objects declared to be a nuisance, other than in proper containers or receptacles designed and authorized for such purpose. Violation of this subsection is an offence, a r iselerneaner and any person convicted thereof shall be fined not less than $50.00, or more than $500.00, or shall be sentenced to a term of confinement of not less than one and not more than 90 days in jail, or shall be both so fined and sentenced. Notwithstanding the foregoing, if any person is convicted of a violation of this subsection, and if the court finds that the violation occurred while the person was the driver or occupant of an automobile, truck or motor vehicle of any other description, whether said vehicle was then moving or at rest, then the minimum fine for the violation shall be $25.00, and the minimum sentence of confinement shall be one day, and the maximum fine and sentence shall be as set forth in this subsection. E. No person shall deposit any trash, rubbish or solid waste from any household in any container or receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians or the general public. Violation of this subsection is an offence. a misdomoanor. F. No person who owns or manages, or who is employed by, a commercial establishment or institution, shall deposit trash, rubbish or solid waste from that establishment or institution in any container or receptacle maintained on a sidewalk or at any other location for disposal of litter by pedestrians or the general public. Violation of this subsection is an offence. G. Any police officer, property inspector, or - : -- - of Public Works and any employee of the Cityauthority who has the authority to issue tickets -for -parking -violations, shall have authority to enforce the provisions of this section, including the issuance of tickets, citations and summons to appear in court. (Ord. No. 9422, ,sr 1, 5-5-80; Ord. No. 9602, 5{SC 1, 2, 5-5-80; Ord. No. 13301, 11-5-2001) Cross reference— Materials escaping on roadway, § 19-314; vehicle load restrictions, § 19- 315; solid waste, ch. 30; prohibited practices, § 30-19. Sec. 3243231. - Connection of private roadways to public streets. No person shall connect any roadway to any street owned or controlled by the City without the permission of Director of Public Works which such permission shall only be given if the Director determines that the area to be served by the new roadway is substantially within the corporate boundaries or the owners of all properties to be served by the new roadway sign an irrevocable agreement, binding on their successors and assigns, to be annexed whenever the property becomes eligible for annexation in a form approved by the City. For the purposes of this section, the term "new roadway" shall mean the roadway which will be connected to an existing City street. The City Administrator is hereby authorized to negotiate and execute on behalf of the City the agreements called for in this section so long as the City is not thereby obligated in an amount on any one agreement in excess of $25, 000. (Ord. No. 13881, § 3, 5-16-2005) Sec. 32 14. Pedestrian control signs, foliot44 Medea; 8. "Don't Walk" or symbol of an upraised band, no pedestrian shall start to cross the roadway in the direction of such signal, but any ped C. Flashing "Don't Walk" or flashing symbol of an upraised hand, no pedestrian shall -tart to orob,, (Ord. No. 11651, V 1, 3 15 2010) or flashing symbol of an upraised hand is Secs. 32 15 32 23. Reserved. Sec. 32 102232, - Privately owned, operated, and maintained pole lighting. A. Upon proper application for permissive use of right-of-way and approval of the City Council, privately owned, operated and maintained pole lighting may be installed on the City right-of-way. All expenses, such as cost of lighting, installation, maintenance, and power shall be at the expense of the owner. B. Poles, light fixtures, and globes and the location and installation thereof are subject to approval of the Department of Public Works. Illumination shall be in accordance with Section 35-57 of the City of Jefferson Zoninq Code. - - - 400, 500, 600, 700, 800 and 800 blocks of East High and East Capital Streets: Pole -style Victorian fluted, tapered Pole-heightimp Pole material Polo color Satin -black Pole accesso Access panel, with interior anchor lugs ries Glebe -style 4eeri Glebe material Opaque -plastic lliwaination Ordinance, generally not to exceed 0.20 foot candles in all zoning districts, except C 2, 1 and 2 whoro up to 0.30 foot candles aro allowed. 1. The base of the globe shall bo a minimum of ton foot abovo ground level. 3. Polo basos shall bo install Public Works and shall be located two feet behind the curb. C. If the owner falls to properly install, operate, or maintain the pole lighting, the Director of the Department of Public Works (Director) may give seven days' notice to the owner to correct any deficiencies. If the deficiency is not corrected within seven days or reasonable steps to effectuate a correction are not commenced and diligently pursued within said seven-day period, the pole lighting may be removed by the City at the expense of the owner and permissive use of right-of-way may be revoked. If the Director determines that the condition of the pole lighting constitutes a hazard to public safety, the City may remove the pole lighting without advance notice to the owner and at the owner's expense, and the permissive use of the right-of-way may be revoked. D. No application shall be approved unless the owner executes a written agreement, approved by the City Counselor, containing terms and provisions consistent with these guidelines. E. Fees for a privately owned pole lighting plan shall be as set forth in appendix Y. (Ord. 13620, § 1, 9-15-2003; Ord. 14272, § 10, 10-15-2007) Memorandum 320 East McCarty Street • Jefferson City, Missouri 65101 • P: 573.634.6410 • F: 573,634.6562 • www.jeffersoncitymo.gov Date: March 6, 2020 To: Public Works and Planning Committee From: David Bange P.E., City Engineer Subject: Bicentennial Bridge This memo provides an informational update on the status of the Bicentennial Bridge project. In October of 2019 the Council entered into an agreement to provide construction oversite and management during the Bicentennial Bridge construction in addition to the taking ownership and future maintenance of the bridge once complete. Later on in the year it was agreed that the City would also take on the bidding and letting of the construction project. To that end staff has been working with Bartlett & West to move the project toward a projected advertisement date of April 19, 2020, The tasks that need to be completed by that time include the completion of design modifications to the bridge itself and the finalization of relocation plans with AmerenUE. Once a contractor is selected final agreements with Union Pacific will also be required. The goal is to have the bridge constructed by the Bicentennial Celebration to be held in August of 2021. The biggest hurdle to seeing that goal fulfilled is the uncertainty of the river level during the year that it will take for its construction. The Council can anticipate seeing a construction contract for this project on an agenda as early as May 18, 2020. Renderings of the bridge have been included with this memo. If you have any questions I can be reached at 634-6433. DB:db U:1Public WorkslEngineeringldbange\PUBLIC WORKS & PLANNING1202013-20201Biceninial Bridge.docx 4.4rod goV.0 .,.,/ipeedf4Aqa,:q .41611$10tOIN totelOOMO 111$1140114116 1.10010.14.0 SION0414440 4.10,14$01190 tiel104941410 siOIDOOMOSID 04,06414611 q$011110116041041 181101011800$ 40111111411111 '64611141416 OOOOOO •. 1441001•41490411 ISCRIMOCIOW 421149001100011 0111111M1110011 -1111141114111 , linelOGOOSO . • . 41.114101116 111011111110 .04014, 40,0111,116 GeOieliN 1,11,10. u; .41 pi ri 1 1141 11 I $1 1I 11 1:4 § -- OOOO OO Vtet 1044 $$ 11411:1104 O$114114011,01140M111 ............................... ..... SekOS 4k00%§ %kNsk osT4 40*s §0 111•411111•111SUSW1111%%%%%%%%%%%%%%%1% ........... 1111111100WHIMMI111$11111%%%1111%%%%%%%%%%%%%%%%% 11111101111111111111111.4011111%%111111%%%%1~111% %%%%%%%%% % 110 OSIOSSOOMMillt100,1100011111WOMMIR %%%%%%%%%% % OOMPIOSIO401$411101114114,1%%%%%%%% %%%%%%%%%% Department of Public Works Memorandum 320 E. McCarty Street • Jefferson City, Missouri 65101 • P 573-6346410 • F 573-634-6562 • www.ieffcitvmo.orq Date: March 10, 2020 To: Public Work and Planning Committee From: Britt E. Smith, P.E. Subject: 2020 Street Resurfacing Program Staff requests the committee's endorsement of the attached street resurfacing for the corning year. As the committee will note, the plan includes the street scheduled for work in the coming year as well as a working plan for streets to be considered in the future. in the Y2 cent sales tax the City allocates $1.2 million each year for the street resurfacing program. To carry out this program, staff gathers information from various sources including personal observation as well as concerns raised by citizens. Most recently we've been able to use data from our pavement condition study. The resulting list is then evaluated against other factors such as condition; use; ride quality; as well as planned future projects by the city, developers and/or utility companies in an effort to determine the most cost effective plan meeting the greatest needs. With approval from the committee, staff intends to bid the resurfacing work in the coming weeks. Ultimately a proposed construction contract will be brought to the full council for approval. cc: Matt Morasch, P.E. Attachment Preliminary Street Overlay List Summary Revised Dated, March 10, 2020 LOCATION Planned WARD NEW TO Year LIST FROM TO Lane Miles COST m H N J u5 > N0 osn U_ J U 0 m N 't o N co Carl Ln. Fredricks Ln High St Hutton Ln West Main St. West Main St. West Main St. Charleston Place Subd Industrial Dr Industrial Dr Truman Blvd Tower Dr Hough Park Rd Hough Park Rd Meadow Brook Ct. Meadow Brook Dr. Rock Creek Terr. Valley Park Dr. Valley View Ct. Valley View Terr. Alice Dr. Cherokee Dr Fredricks Ln Greentree Rd Hillview Dr. Indian Meadow Marsha Ln. Mary St. Nelson Drive Senic Dr. Senic Dr. Sky View Dr. Sky View Dr. Stephan St. Theresa St. Dunklin St. West Hub Manilla Pamel St. Catalina County Club Dr. County Club Dr. (North Side Shoulder Del Mar Dr. Geneva St. Ihler Rd. Ihler Rd. N Ten Mile Dr. N Teri Mile Dr. N Ten Mile Dr. Oakview Dr Palisades Ridgeway Ronnie Scott Station Rd. Standford Sue Dr. Gettyburg PI Independence Dr. 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 1 1 1 1 2 2 2 3 3 3 3 4 5 5 2420 3 2020 3 2020 3 2020 3 2020 3 2020 3 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 2020 Y Y Y Y Page 1 of 2 Scenic Dr. Scenic Dr. Ash St. Expressview Dr. Brooks St. Brooks Street Intersection Fulkerson St. Jaycee Dr. Metro Schumate Chapel Southwest Blvd Green Berry Rd Kolb Dr, Rock Creek Terr. Meadow Brook Ct Valley Park Dr. Country Club Dr. Valley View Terr. Valley View Ct. Hillview Dr. St Louis Rd Theresa St. Landwehr Hills Rd. Landwehr Hills Rd. Lafayette St. Scenic Dr. High St. Brooks St. Metro Dr. 179 N Ten Mile Dr. Maywood Dr. Kolb Dr. Ellis Blvd Dead End . Valley View Terr. Meadow Brook Ct. Valley View Terr. Dead End Dead End Skyview Dr. St Louis Rd Bald Hill Rd. Hillview Dr. Elm Street Landwehr Hills Rd. Landwehr Hills Rd. McCarty St 2908 Skyview Dr. Scenic Dr. Landwehr Hills Rd. Jefferson W Main W Main Linden City Limits Hwy 179 Hwy 179 Catalina Sue Dr, Lola Dr. Sue Dr. 3308 N. Ten Mile Dr Dover St. W Truman Ridgeway Catalina Oakview Oakview Truman Blvd. Sue Dr. Geneva Rd. Shermans Hollow Liberty Ln. Dead End Mohawk Dr Scenic Dr. E McCarty St. End Concrete Dead End Concrete Fredrricks Ln. Carl Ln. 2908 Skyview Dr. Eastwood Dr. Theresa St. Fredrricks Ln. Broadway Marion Dead End Swifts Hwy Palisades Concrete Concrete Terra Bella Dr. Lola Westley St. Lola Dr. . Scott Station Rd. 3308 N. Ten Mile Dr. Dover St. Ronnie N Capistrano Hillsdale Hillsdale City Limits Garden View Rt 179 Shermans Hollow Dead End 0.81 1.10 0.91 1.99 1.15 0.30 0.42 0.50 0.99 0.71 1.05 0.95 0.34 0.67 Sub -Total 0.22 0.29 0.37 0.57 0.58 0.89 Sub -Total 0.09 0.73 0.28 0.50 0.95 1.36 0.44 0.20 0.87 0.66 0.75 0.50 0.09 0.51 0.87 0.67 0.28 0.52 0.58 0.61 1.74 0.69 0.66 0.56 0.61 0.60 1.02 0.41 0.44 0.18 0.38 0.19 0.13 0.78 0.38 0.72 1.23 0.71 $892,218 $98,616 Preliminary Street Overlay List Summary Revised Dated: March 10, 2020 LOCATION PlannedWARD NEW TO Lane FROM TO Year LIST Miles COST ro 2 2 J 0tri OA na0 ts M 7 Scott Valley Ct Tanner Bridge Rd. Southwest Blvd. Drive Lanes High St Ashley St. Carter High St High St High Sl High St Miller St. E. Miller St. E. St Marys Blvd Jaycee Dr. Jaycee Dr. Industrial Dr Industrial Dr Industrial Dr 2020 5 Tanner Bridge Rd, Dead End 2020 5 Roundabout Oak Creek Ct. 2020 2,4 Stadium Blvd. Tower Dr. 0.39 0.66 0.91 Sub -Total $160,402 Yearly Estimated Total $1,151,236 2021 1 Lafayette Si Jackson St. 0.71 2021 2 Madison St. Jefferson St. 0.22 2021 2 Swifts Hwy Stadium 0.513 2021 2 Broadway St. Viaduct 0.44 2021 2 Jackson St. Adams St. 0.39 2021 2 Jefferson St. Washington St. 0.40 2021 2 Washington St. Broadway St. 0.32 2021 2 Cherry St. Laffayette 0.25 2021 2 Chestnut Cherry St. 0.16 2021 2 Armory Dr Dead End 2.36 2021 3 Industrial Dr. Schellridge Rd. East 1.21 2021 3 Industrial Dr. W. Main St 0.38 2021 3 Y Dix Rd Wilson Dr. 1.08 2021 3 Y Norman Dr. Jaycee Dr, 1.63 2021 3 Y Wilson Dr. Norman Dr. 1.30 Sub -Total Manassas PI 2021 4 Shermans Hollow Gettysburg PI 0.25 Shiloh PI 2021 4 Shermans Hollow Gettysburg PI 0.16 Strasburg Ct 2021 4 Shermans Hollow End 0.17 Sumter PI 2021 4 Gettysburg PI End 0.39 Sub -Total Belair Dr. 2022 3 Twin Hills Boonville Rd 0.95 Eastern Air 2022 3 Southen Air Airview Dr. 0.28 Royal Air Dr. 2022 3 Belair Dr. Airview Dr. 0.26 Truman Blvd 2022 3 Y N Ten Mile Dr. Scott Station Rd. 2.73 Truman Blvd 2022 3 Y Scott Station Rd. Country Club Dr. 2.40 Industrial Dr 2022 3 Argonne St. Dix Rd. 1.14 Industrial Dr 2022 3 Hart St. Argonne St. 0.82 Industrial Dr 2022 3 McCarty St. Hart St. 1.16 Sub -Total Page 2 of 2 $737,059.75 $32,905.83 $699,439.67 Total Estimated Cost $2,620,641.19 Pavement Management Project Update 100 85 70 55 40 25 10 Why Pavement Management? Stansbrcl PCI rating Stele Good Fair Very Poor Serious Failed Significant Drop in Condition $1 for Rehabilitation Here Small % of Pavement Life Will Cost S4 to 55 Horc+ Time 3/10/2020 1 Pavement Management - Pavement Evaluation • Determine the Right Treatment at the Right Time — Preventative Treatments (Pavement Life Extender) • Crack Fill/Seals • Minor Pavement repairs • Seal Coats — Intermediate Surface Treatment • Chip Seals • Slurry Seals • Micro Surfacing — Rehabilitation Treatment • Mill and Overlay • Full Depth Pavement Restoration • Complete Reconstruction • Evaluation Effectiveness Track over Time 3/10/2020 2 3/10/2020 3 Our Pavement Rating Breakdown PCI 100 85 70 55 40 25 10 Condition Satisfactory Fa ir Very Poor 11111111111111 Failed Centerline Miles 74.2 31% 44.2 18% 41.3 17% 39.2 16% 23.8 10% 11.1 5% 4.6 2% 240.9 Next Steps • Continued work on instituting the technology. — Paver Program — Work Order Management and Tracking • Use the data to produce a work plan for 2020 which includes preventative work, intermediate treatments, and rehabilitation. - Repeat pavement evolution every 3 to 5 years to measure the effectiveness of the program. 3/10/2020 4 Pavement Management Questions? Standard PCI rating scalp 10 Serious Failed Significant Drop in Condition 51 fpr Rehabilitation Here Small % of Pavement Life Will Cost 54 to 55 Here Time 3/10/2020 5 MINUTES JEFFERSON CITY PUBLIC WORKS AND PLANNING COMMITTEE Council Chambers John G. Christy Municipal Building 320 East McCarty Street February 13, 2020 Committee Members Present: Attendance Ron Fitzwater 9 of 9 Ken Hussey 7 of 9 David Kemna 8 of 9 Mark Schreiber 8 of 9 Laura Ward 8 of 9 Staff Present: Matt Morasch, Director of Public Works Britt Smith, Operations Division Director David Bange, City Engineer Mark Mehmert, Transit Division Director Don Fontana, Stormwater Engineer Eric Seaman, Wastewater Division Director Sonny Sanders, Planning and Protective Services Director Dave Helmick, Housing/Property Inspector Bryan Wolford, Associate City Counselor Steve Crowell, City Administrator Brenda Wunderlich, Administrative Supervisor Chairman Hussey called the meeting to order at 7:30 a.m. A quorum was present at this time. The following guests were present: Ashley Varner, Mike and Jane Lester, Roger Schrimpf, Steve Veile, Jana Millard, Nick Pantaleo, Brian Bernskoetter, and Eric Landwehr. 1. Introductions Introductions were made at this time. 2. Approval of the January 9, 2020 Committee meeting minutes Councilwoman Ward moved and Councilman Schrieber seconded to approve the January 9, 2020 minutes, motion carried. 3. New Business 1. Draft Traffic Calming/Speed Hump Policy (David Bange) Mr. Bange stated staff reviewed a number of policies from other municipalities. The policies contain a number of similar elements including, road characteristics, traffic volumes, traffic speeds, road usage, and neighborhood support. Mr. Bange then explained the differences in the traffic calming request form and the SAFE neighborhood petition form. There was discussion among Committee members, staff, and those present regarding the 30 miles per hour speed limit being too fast for some neighborhoods, reducing the speed limit to 25 mph in residential neighborhoods, cost of both options, having both owners and tenants allowed to sign to lower speed limit, and lowering speed limit around parks and schools. Minutes/Jefferson City Public Works and Planning Committee 2 February 13, 2020 Councilman Kemna moved and Councilman Schreiber seconded to have staff make changes discussed, send it to Transportation and Traffic Commission for review, and then back to this Committee for review, motion carried. 2. Sidewalks on Adams Street (David Bange) Mr. Bange explained staff is providing information concerning sidewalks on Adams Street as requested by the Committee. Currently Adams Street has sections of somewhat discontinuous sidewalks and their condition is mostly fair to poor. The cost estimated to replace and/or install new sidewalks along Adams Street is $270,000. There was discussion among Committee members, staff, and those present regarding the cost and the use of CDBG funds for sidewalks. Chairman Hussey requested the next item discussed be Item 3.8. as there were several present to speak on this item. 8. Rental Inspection Program Options (Sonny Sanders) Mr. Helmick distributed handouts and explained the three options for the rental inspection program. Staff is recommending Option 3 which would only inspect the exterior of rental properties. There was discussion among Committee members, staff, and those present regarding being proactive, citizen complaints, more universal enforcement, notice sent to property owner and not property managers, and needing a more improved process for rental properties. 7. Design Contract with Burns and McDonnell for Airport Ramp Repairs and Associated Grant Agreement (Britt Smith) Mr. Smith requested the Committee's concurrence to apply for a grant with MoDOT to design and construct airport ramp repairs. Councilman Kemna moved and Councilman Schreiber seconded to refer the item to the City Council with recommendation to approve, motion carried. 10. Clark Avenue Update (David Bange) Mr. Bange explained the City has been selected to receive $1.91 million in cost share funds from the Governor/State Legislature for three roundabouts along the Clark Avenue corridor. The Cole County Commission has agreed to contribute approximately $1.1 million leaving the City with a $400,000 shortfall in funding. He explained the various funding sources available. There was discussion among Committee members, staff, and those present regarding the additional funding, the possibility of having the Mayor meet with the County Commission, and support for the project. Councilman Mihalevich suggested that this item could be added to the next Finance Committee agenda. 3. Amending Chapter 32 of the City Code (David Bange) Mr. Morasch requested this item be tabled to the March Committee meeting. 4. 2020 CIP Work Plan and Wastewater CIP Work Plan (David Bange/Eric Seaman) Mtnutes/Jeferson City Public Works and Panning Committee February 13.2020 Mr. Morasch gave an overview of the two CIP work plans. 5. Update on In-house Stormwater Projects (Don Fontana) 3 Mr. Morasch explained there had been approximately $470,000 worth of stomiwater projects done with the three person crew. There was discussion among Committee members and staff regarding spending funds effectively and complaints due to rainy conditions. Chairman Hussey requested staff give a presentation to the City Council. 6. Anderson Engineering Report (Britt Smith) Mr. Smith explained the pavement management report and the City pavement rating breakdown. He stated two thirds of City pavements are goad to fair condition with one third being in the poor to failed category. Staff is looking for a work order management and tracking system. Staff is focused on preventive maintenance. The overlay list will be presented at the next Committee meeting. 9. Dangerous Building Update (Sonny Sanders) Mr. Sanders gave an update of the dangerous buildings within the City. Positive results have been achieved due to the revisions to the dangerous building code. 4. Citizen Opportunity to address Council/Staff on Stormwater and Other Public Works Issues No one was present to address the Committee. 5. Adjourn Chairman Hussey adjourned the meeting at 9:56 a.m.