Jefferson City Council approves change to motorized bikes, rejects controversial sidewalk bill

A pedestrian walks on the sidewalks adjacent to Adams Street. Tree roots have pushed up the concrete in areas, making for an uneven and possibly dangerous path. The Jefferson City Council voted on a substitute bill regarding the vertical displacement of sidewalks.
A pedestrian walks on the sidewalks adjacent to Adams Street. Tree roots have pushed up the concrete in areas, making for an uneven and possibly dangerous path. The Jefferson City Council voted on a substitute bill regarding the vertical displacement of sidewalks.

At Monday's meeting, the Jefferson City Council approved an amendment to the city code's definition of a motorized bicycle which will change where certain motorized vehicles can be used.

Previously in the code, a motorized bicycle was a two- or three-wheeled device that has "fully operative pedal capable of propulsion by human power, an automatic transmission and a motor with a cylinder capacity of not more than 50 cubic centimeters." They also had to produce less than two gross brake horsepower.

The amendment removes "fully operative pedal capable of propulsion by human power" and increases the two gross brake horsepower qualification to three, as well as adding some clarification language.

The amendment will also affect the SPIN scooters, which now fall under the definition of motorized bicycle. While the scooters already weren't allowed on the sidewalks, because they are now considered motorized vehicles, they fall under the state law that requires a driver's license to operate on city streets.

Those 16 and younger, or those unable to get a driver's license due to vision impairments or other disabilities, won't be allowed to operate motorized bicycles, including scooters. They will still be able to operate them on the Greenway Trails.

Jefferson City resident Dorothy Walker spoke to the council before the bill was approved asking that they consider the impact it could have on the visually impaired who may not be able to get driver's licenses, but can get around on motorized vehicles like two- or three-wheeled electric-powered scooters.

The council addressed her concerns and agreed something should be done to assist visually impaired or otherwise disabled residents, but agreed to pass the current bill.

Ward 2 Councilman Rick Mihalevich suggested any changes could come up as separate bills.

Ward 1 Councilman David Kemma was the only member to vote against the bill because he said he felt the current bill and any possible adjustments should be passed together. The bill passed with a vote of 8-1, with Ward 3 Councilman Ken Hussey being absent.

In other business Monday, the council rejected a substitution to a controversial sidewalk bill that has been in discussion since August.

The original bill would have required adjoining property owners to repair sidewalks when a vertical displacement - holes or defects - of a quarter of an inch existed within any sidewalk. Essentially any displacement the width of a No. 2 pencil or more would need to be repaired by property owners in Jefferson City.

Current city code allows an offset of 1.5 inches.

At Monday's meeting, a substitute bill was brought forward in place of the original bill.

The substitute bill would have clarified requirements regarding sidewalk repairs. For example, if utility work, construction or defective sidewalks require sidewalk ramps, the adjoining property owner or those undertaking the utility or construction work must construct a sidewalk ramp. If an existing sidewalk ramp is impacted due to defective sidewalks, utility work or construction, it must be repaired or rebuilt.

The council voted 5-4 in favor of the bill. However, because Hussey was absent, the bill did not receive the majority vote of the council and failed, Jefferson City Counselor Ryan Moehlman said.

Ward 4 Councilman Carlos Graham voted against the bill.

"I still think it's a going to be a financial impact on the homeowners in the area," Graham said. "Nothing changed. It's still the same concerns."

At an Aug. 20 meeting, the council held off on voting on the issue due to opposition from several property owners. The topic was placed on the informal calendar.

A second substitute bill, which was not voted on by the council Monday, would've replaced the measurement specific language of 1.5 inches with "a vertical displacement, hole, or other defect that creates a dangerous or hazardous condition." This would've removed the specific measurement and instead focus on repairing dangerous sidewalks.

Because the bill was placed on the informal calendar about two months ago, the second substitute bill expired Monday night.

In September, the Jefferson City Public Works and Planning Committee moved to submit two substitute bills to the council.

For several decades, city code has required adjoining property owners to repair and maintain sidewalks, whether that be clearing them of snow or ensuring they are level, Jefferson City Public Works Director Matt Morasch previously said.

Any changes to the sidewalk code would now need to be brought up as a new bill, Moehlman said.

Also on Monday, the council introduced a bill which would amend the zoning code to incorporate medical marijuana. This bill, the third in a process by planning division staff, would expand permitted districts for testing facilities and medical marijuana transportation facilities to the general commercial districts of the city.

These types of medical marijuana facilities are currently only permitted in light industrial and general industrial districts.

The council also approved a bill to vacate and discontinue all city retained easements in the vacated right-of-way alley between the 900 block of West Main Street and West High Street.

The vacation was requested by Missouri American Water, so they can develop plans for a clear well. Missouri American Water already owned the area, but are expanding their facility.

A sewer main in the alley that serves Missouri American Water will be rerouted and become a private line.

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