HomeMy Public PortalAbout19820524 special nO .
SPECIAL COUNCIL MEETING - May 24, 1982
A special meeting of the City Council was held in the Class-
room of the Thomas E. Whitecotton Law Enforcement Center and was
called to order at 7 : 30 p.m. with Mayor Hartsfield presiding.
Councilmen Present : Blume, Borgmeyer, Davis , Gordon, Halsey , ,
Hequembourg, Lock, Roark and Scheulen
Councilmen Absent : None.
A quorum was present.
The purpose of the special meeting was to hold a public
hearing on the three areas proposed to be annexed into the City
and to act on the three bills currently on the Informal Calendar
relating to annexation.
Lyndel Porterfield, City Counselor , presented an outline of
the annexation process. He explained that the procedure requires
that first an ordinance be proposed for the annexation. A public
hearing must then be held to gain input from the public as to
whether the annexation should take place and whether it is feasible
for it to take place . A vote will then be taken on the ordinance I ..
which ordinance will describe the area that is to be annexed and
will contain other specifics required by statute. If the ordinance
is passed, the next step would be to file a class action lawsuit
in the Circuit Court against the residents of the area to be an-
nexed. A trial would be held and the issue would be whether the
judge would grant the authority to the City to annex those areas .
If the authority to annex is granted, then an ordinance must be
passed ordering an election to be held. The election would be
held in two parts , one in the City and one in the area to be
annexed. In the City there would have to be a majority vote in
favor of the annexation . In the area to be annexed there would
have to be a separate majority in favor of the annexation. If
the annexation was defeated In that election , there could be
II/ another election ordered within 120 days , and the majority vote
at that time would be a required two-thirds vote . This majority
(; vote would be a combined total of people within the City and in
the area to be annexed.
Tom Benton, Director. of Planning and Code Enforcement , gave
a brief background of the City' a activities in the area of annexa-
tion. Mayor Hartsfield appointed ra citizen' rs commit:t:ec on annexa-
tion in June of 1980 whose purpose wan to recommend an official
policy for the City on growth and annexation , develop criteria
! for assigning pri.ora,ties to future annexation areas , and provide
I recommendations on prospective annexation areas . As a result of
kmany meetings , a report was submitted which recommended three areas
lfor possible annexation. Area I is 54 acres located to the North
la the present City limits that contains 11 property ownerships and
is proposed to be basically zoned for industrial. growth. The
percentage of contiguous boundary to the City for Area I is 37 . 5%.
Area II is 1,002 acres located to the South and West of the present
corporate limits containing 130 ownerships of land. The percentage
of contiguous boundary to the City is 21.4%. Area III is 165 acres
located to the South and East of the present City limits containing
24 ownerships . The percentage of contiguous boundary to the City
is 57 . 1%.
Dick Preston, City Planner , presented a background on the
Plans of Intent. He explained that Plans of Intent were prepared
for each area, with the basic format of each plan being the same.
Section 1 of the Plan of Intent is a list of major services
presently provided by the City to residents which include fire
protection, police protection, parks and recreation, transportation
housing and community development, public works , land use control,
building inspection , community sanitation and animal control. The
City plans to provide these services to newly annexed areas on the
effective date of annexation. Section 2 sets forth a time schedule
,; l ..
SPECIAL COUNCIL MEETING - May 24, 1982
{ when certain exceptions to Section 1 would be provided to each
area Section 3 pertains to assessments and the rate at which the
Y a.
City taxes property. Section 4 pertains to how the City proposes
to zone the area to be annexed. Section 5 sets out the effective 4«
date of the proposed annexation which is December 31, 1982 , or in
the event all statutory requirements are not met by December 31 ,
1982 , then the effective date shall be within sixty days after
all statutory requirements are met. The Plans of Intent were
compiled by the Planning and Code Enforcement office with assis-
tance and input from other organizations and departments of the
City.
Marty Brose, Director of Transportation, explained the ser-
= vices of the Department of Transportation which consist of the
Airport Division, Parking Division, and Transit Division. Of
=r' these services , the Transit Division would be expanded to residents
of the newly annexed areas . Although scheduled service as is
currently in town might not be offered at this time , there is a
.` good possibility that industrial commuters could be offered to the
' newly annexed areas based upon demand.
Mike Bates , Director of Public Works , explained the services
of the Department of Public Works which consist of the Central
Maintenance Division, Street Maintenance Division , Sanitary Sewer
Division and the Engineering Division. The Central Maintenance
Division consists of eight full time employees who perform pre-
ventative maintenance and major repair on approximately one hundred
fifty City vehicles . The Street Maintenance Division consists of
twenty five full time employees who perform services such as re-
surfacing, patching and repair of approximately one hundred fifty
miles of City streets, snow removal , traffic signals , striping,
signing and lighting, utility cut patching, sweeping, mowing of
right-of-ways , maintenance and construction of storm drainage
systems . The Sanitary Sewer Division consists of seventeen full
time employees who provide maintenance and operation of a primary
and secondary treatment plant , maintenance and operation of four-
teen pump stations , repair and reconstruction of existing faci.li.-
tiest , minimal contitruct: i;on of new facilities and aids local:
plumbers in connecting to the ssynter and maintains and operates
a few area lagoon and package plants . The Engineering dtvi.t3ion
provides services of plenning, design and Implementation of public
works capital improvement projects . Major capital improvements
discussed in the Plans of intent for Area I include Grays Creek
Cole Junction Sanitary Sewer Interceptor , Pump Station and Force
Main which is scheduled for cotyledon tentatively in July of 1984 .
In Area II , depending upon the County' s schedule , the City would
spend from $90 ,000-370 ,000 to eliminate lagoon systems and extend
1 the interceptor from the Wears Creek branch . Area III includes
the Seven Hills Road Improvement with an estimated cost of
$450 ,000 to be completed by the third year. There are several
petition initiated programs administered through the Department
of Public Works such as curb and gutter, sanitary sewers where no
collection system exists , storm drainage improvements and street
lights .
Gary Hamburg, City Administrator , spoke on taxation assess-
ments and rate. He stated that the City contracts with the County
Assessor for the collection of property taxes . The City tax rate
is $1. 20 per $100 assessed valuation which is broken down as
follows: $. 70 goes to the General Fund; $. 20 goes to the Park
Board; $.20 goes to the Library Fund and $. 10 goes to the Firemen' s
Fund.
Tom Benton, Director of Planning and Code Enforcement , gave
a presentation on the departmental activities of the Planning and
Code Enforcement Department . This is basically separated into
four areas: 1) land use control which includes the enforcement
of city zoning ordinances and the subdivision review process ; 2)
the code enforcement division issues building, electrical and
plumbing permits after examination of plans and specifications
20i
SPECIAL COUNCIL MEETING - May 24, 1982
with followup inspections after construction; 3) community sani-
tation whose work includes inspection of food and beverage estab-
lishments , control and monitor solid waste and litter problems , s:
they offer advice and assistance on rodent and virmin problems ,
they handle the business end of the weed control provisions and
operate the mosquito control program; and 4) animal control.
In addition to the departments mentioned previously, the
parks and recreation department is a city wide system and offers
a variety of recreational facilities at their six major parks .
The Jefferson City Housing Authority provides assistance to
citizens and neighborhoods that meet certain federally established
guidelines . Most services are offered to low to moderate income
facilities and neighborhoods .
He stated that police and fire protection would be available
immediately to the three proposed areas upon the effective date of
annexation.
Bo Frazier, President of the Chamber of Commerce, appeared
and stated that the Chamber of Commerce strongly supports the
orderly, controlled growth of Jefferson City. Many advantages
exist for residents who will be annexed into the city, such as
political representation in matters that currently affect resi-
dents of unincorporated areas , the increased value of homes within
the city limits , and the protection that city zoning offers their
real estate investment.
Tom Napper, Chairman of the Prospect Development Team for the
Chamber of Commerce , also appeared. He stated that the Chamber
owns the Capital City Industrial Park, which is a 100 acre park
located in Area II . By incorporating this proposed area into the
city the marketability of the sites within the industrial park to
0
IIprospective industries will be greatly enhanced.
There were a number of people present from the three proposed
' areas, many of whom were opposed to the annexation. They questioned
' why the city would want to annex undeveloped areas . Mayor
J Hartsfield replied that the major reason is for future growth ,
planned growth , and expansion in the future . A gentleman from
Area I spoke of the poor road conditions on Old Boonville Road,
A gent leman in Area II questioned the fire protection and police
protection for this area. Chief Patton stated that any annexed +�
area would be included in the zoned districts which are now being
, patrolled by the police department . Chief Rennick stated that
1 the distance from the Modi,ne Plant to the fire station on Industria
1 Drive is 6 . 7 miler and their estimated response time to the plant
j is six minutes . He pointed out benefits to the areas to be annexed
iwould include trained personnel on duty 24 hours a day, in station
11 with equipment that could handle a fire in that area , as well as
a reduction in fire insurance premiums . In addition, the city is
currently working with the water district to develop an agreement 1
to install fire hydrants on the district mains .
One resident in Area III spoke of his concern regarding the
widening of Seven Hills Road. The road is currently being used
for drag racing and it is his opinion that widening the road
would only increase the problem and would be a safety hazard for
small children living in the area. Mr. Doerhoff, also a resident
of Area III, urged the Council to delay annexation of this area
until we have a good hard look at what is happening with Seven
l Hills , and to consider the original recommendation for the place-
+! ment of the road.
A letter was received from Bruce D. Rice dated May 14, 1982 ,
regarding land owned by Mr. Rice which runs parallel to Fairgrounds
•' Road. That letter is attached hereto and incorporated into these
1 minutes.
The next item on the agenda was the disposition of Bills 82-3 , 1
82-4 and 82-5. However, after discussion, these were held over
on the Informal Calendar to allow the Council more time in which
to study the Plans of Intent.
Meeting adjourned.
p
1205 Fairland Drive
Jefferson City, MO 65101
May 14, 1982
Honorable Mayor and Council of City of Jefferson
City Hall
Jefferson City, Missouri 65101
Gentlemen:
I presently live in the proposed annexation area on Fairland Drive.
In addition to my home I also own approximately 31/2 acres of land of
which 603 feet runs parallel to Fairgrounds Road. On the map showing
the proposed zoning for the annexed area I noted that this 31 acres was
to be zoned as RS-2 Residential (Single Family). Further, over 400 acres
directly across from my property on Fairgrounds Road is scheduled to be
zoned RA-1 Residential (Multi-Family) and a parcel of land several
hundred feet south of my property on both sides of Fairgrounds Road is
to be zoned PUD (Planned Unit Development).
When I had my house constructed over nine years ago and bought the land
mentioned above,my thoughts were to construct a building for rental
property with several small offices similar to the doctors' offices across
from Memorial Hospital or to lease the land for a small retail operation.
However, at that time and even at the present, I question if the area has
developed to the point where this would be practical . I do feel , however,
that this would be feasible in the next few years and would like to be
able to maintain this option.
When I purchased access from my property to the Fairgrounds Road from the
Jefferson City Jaycees, It was specifically mentioned in the easement
agreement that I would be provided access for commerical or multi-family
dwelling purposes. This was filed for record on April 24, 1979 in
Book 256, Page 21 . Moreover, a couple of years ago I was asked to sell
the property for construction of a small business operation; however, I
declined. I did offer to lease the land; however, the party rejected
this offer. Subsequently, I was approached about leasing the land to
Mueller Landscaping for his business. However, after some thought
Mr. Mueller decided to remain in his current location at the present
because of the proximate to his home. Furthermore, I construct and
remodel homes on a part-time basis and use this property to store
building materials. Based on the above information I respectively request
that this land be zoned PUD (Planned Unit Development).
I did receive notice and plan to attend the hearing on May 24th. At that
time I would like to enter this into the hearing record but would like
for you to review the material prior to the hearing. It is my understanding
Honorable Mayor and Council -2- May 14, 1982
that the City Council can amend the plan of intent prior to its
adoption and I respectfully request that this amendment be made to
the proposal .
Attached is a description and plat of the property along with a copy
of the proposed annexation map showing the approximate location of
this land in relation to other property in the area to be annexed.
In addition, I am submitting a copy of the easement agreement with the
Jefferson City Jaycees.
Sinc ely,
Bruce D. Rice
cc: Dick Preston
City Planner
Lyn Porterfield
City Counselor
Attachments
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`- SUPPLEMENTAL ABSTRACT OF TITLE
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No. 20 of Fairland Village Estates, Section _ • - : o record '>'r
°=',..*= in Plat Boo : page 63, Cole Count :- : • ce; said Fairland
t`a�tt^t
s;r.,.,.r, Village Estates, on g a subdivision of part of the Northeast
,.,,..t7v= quarter of the • �st • b . _ • Section 17 and part of the Southeast
ii':,^- 4,' quarter . - Southwest quarter of Sec 1 in Township 44 North,
fit'= 2 West.
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ALSO Part of the Northwest quarter of the Northeast quarter and part _.
`t of the Northeast quarter of the Northwest quarter of Section 17, Township r;;
5` - > 44, Range 12, Cole County, Missouri, more particularly described as follows :
,
' - ' From the northeast corner of the Northeast quarter of the Northwest '
.; ' quarter of said Section 17; thence South 5 degrees 30 minutes east, 24 .9
-, 1 feet; thence South 21 degrees 48 minutes west, 395,73 feet, to the beginning
` ' •
= - point of this description; thence South 68 degrees 12 minutes east, 217 . 46
:'"$ t feet, to the westerly line of Fairgrounds Road; thence South 20 degrees 32
minutes west, along said Road, 300.09 feet; thence North 68 degrees 12 minutes
west, 224 . 09 feet; thence North 21 degrees 48 minutes east, 300 feet, to the
beginning point of this description.
Containing 1 . 52 acres .
ALSO: Part of the Northeast quarter of the Northwest quarter of Section
' ;< 17, Township 44, Range 12, Cole County, Missouri , more particularly described
x an follows :
From the northeast corner of the Northeast: quarter of the Northwest
jl.
quarter of said Section 17; thence South 5 degrees. 30 minutes east, 24,9 feet;
thence South 21 degr:ceu 48 minutes west, 695 . 73 feet to the beginning point
o'1 this dese ittion; thence South 68 degrees 12 minutes east, 224 . 09 feet to
the west line of Fairgrounds Road; thence South 20 degrees 32minutes west, °''
I
• long said road, 103.03 iuet:; thence North 68 degrees 12eeainutcs went, 226 . 3
et; thence North 21 degrees 48 minutes cant, 100 . 0 feet ; thence North 68
green 12 minut:cu west, 160 . 0 feet to Fairland Drive; thence North 21 degrees
8 minutes east, 3 feet; thence South 68 degrees 12 minutes east, 160 .0 feet
to the beginning point of this description.
Containing in all . 55 of an acre.
ALSO: Part of the Northwest quarter of the Northeast quarter of Section
17, Township 44 , Range 12, and part of the Northeast quarter of the Northwest
quarter of Section 17, Township 44 , Range 12, Cole County, Missouri, more
particularly described as follows :
From the northeast corner of the Northeast quarter of the Northwest
quarter of said Section 17; thence South 5 degrees 30 minutes east, 24 . 9
feet; thence South 21 degrees 48 minutes west, 395.73 feet to the beginning
point of this description; thence South 68 degrees 12 minutes east, 217 . 46
feet to the west line of Fairgrounds Road; thence North 20 degrees 32 minutes
71
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• age 2. . . •
upplemental Caption, continued.
•
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east along said road, 200.06 feet; thence North 68 degrees ,12 minutes
west, 213.04, feet; thence South 21 degrees 48 minutes west, 200 feet •
to the beginning point of this description.
Containing in all, 1.0 acre.
•,
• Lot 20 Pairland Village and 1. 52 acre tract, continued from 1:25 o'clock
P. M. , June 25, 1973; and
Assuming title in Steck Enterprises, Inc. , 1.0 acre tract and .55 acre
tract, continued from September 1, 1972.
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artou :.•A LEGEND FOR PROPOSED ZONING
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• SYZIBOL REQUIRED LOT AREA
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. 14 ____
E A S E M E N T•
This Easement, made and entered into on this day of
1979, by and between the Jefferson City
Jayce , a Missouri not-for-profit corporation, hereinafter
known as the Grantor and Bruce D. Rice and Phyllis A. Rice, `
Route 1, Fairland Drive, Jefferson City, Cole County, Missouri,
hereinafter known as the Grantees :
WITNESSETH:
That for the consideration of Ten ($10.00) Dollars and other
good and valuable considerations to it paid, and the receipt of
which is hereby acknowledged, the Grantor hereby grants, bargains,
sells and conveys to the Grantees, and to their heirs, successors
and assigns perpetual easements for ingress and egress purposes to
} the Grantees, upon the land of the Grantor situated in the County
of Cole, State of Missouri, described as follows: A strip of land
five (5) feet in width, parallel to, contiguous with, and easterly
of the following described tracts of land :
Part of the Northwest quarter of the Northeast quarter and
part: of the Northeast quarter of the Northwest quarter of
Section 17, Township 44 , Range 12, Cole County, Missouri, more
particularly described as follows:
From the nor. theant corner of the Northeast quarter of the
Northwest quarter of said Section 17; thence South 5 degrees
30 minutes east , 24 . 9 feet; thence South 21 degrees 40 minutes
went, 395. 73 feet:, to the beginning point of this des-
.
cription; thence South 68 degrees 12 minutes east 217.46 fact,
to the westerly line of Fairgrounds Road; thence South 20
degrees 32 minutes west along said Road, 300.09 feet; thence
North 68 degrees 12 minutes west, 224 .09 feet; thence North
21 degrees 48 minutes east, 300 feet, to the beginning point
of this description. Containing 1 . 52 acres.
and
Part of Fairland Village Subdivision; said subdivision being
a part of the NE4 of NW!4 of Section 17, T44N, R12W and part
of the SE's of the SW4 of Section 8, T44N, R 12W, and more
particularly described as follows: From the Northeast corner
of the Northeast quarter of the Northwest Quarter of said
Section 17; thence S 5 degrees 30 minutes E, 24.9 feet;
thence S 21 degrees 40 minutes W, 695. 73 feet to the point
of beginning; thence S 68 degrees 12 minutes east, 224.09 feet
to the West line of Fairgrounds Road; thence S 20 degrees
32 minutes W, along said Road 103.03 feet; thence N 68 degrees
12 minutes W, 226. 3 feet; thence N 21 degrees 48 minutes E,
100 .0 feet; thence N 68 degrees 12 minutes W, 160.0 feet to
Fairland Drive; thence N 21 degrees 48 minutes E 3 feet; thence
S 68 degrees 12 minutes E, 160.0 feet to the point of beginning,
containing in all . 55 acres.
the same being part of the following described tracts of land:
Part of the NE4 of the NWT and the NWT of the NE4 Hf Section
17, and part of the SW4 of the SEA of Section 8, all in
Township 44N, Range 12W, being more particularly described
as follows: Beginning at the point of intersection
of the North line of said section 17, with the south-
easterly right-of-way line of the abandoned Bagnell
Branch of the Missouri Pacific Railroad, said point being
50 feet, southeasterly, as measured at right angles, from
the centerline of said track; thence northeastwardly,
parallel with said centerline, 1089 feet, more or less,
to the centerline of a public road; thence northwesterly
along the centerline of said public road, 100 feet, more
or less, to a point on the northeasterly line of said
railroad right-of-way, said point being 50 feet northwesterly,
as measured at right angles, from the centerline of said
former track; thence southwesterly, parallel to the
centerline of said former track, 1133 feet, more or less,
to a point on the North line of said Section 17; thence
eastwardly, along the North line of said Section 17, to
a point on the centerline of said former track; thence
southwestwardly, along the centerline of said former
track , 1133 feet, more or less, to a point on the Westerly
extension of the common line between the property of
E. J. Knipp and the property of the Grantor; thence east-
wardly, along the extension of said common property line,
to a point on the southeasterly line of the right-of-way
line, said point being 50 feet southeasterly, as measured
at right angles, from the centerline of said former track;
thence northeastwardly, parallel to the ceiherline of
said former track 1400 feet, more or less, to the point of
beginning, containing 4.17 acres, more or less, as set forth
in a quit-claim deed dated May 21, 1966 from Anthony M.
Yansky to the Jefferson City Junior Chamber of Commerce,
or
A tract or parcel of land lying and being situated in the
northwest quarter of the northeast quarter and the northeast
quarter of the northwest quarter of Section 17, Township 44
North, Range 12 West, Cole County, Missouri, more particularly
described as follows : Commencing at the northeast corner
of the northeast quarter of the northwest quarter of said
Section 17; thence North 84 degrees 45 minutes east, 298.40
feet, mote or less to a point on the center line of Missouri
Pacific Railroad Company' s former I3agnell Subdivision main
track for the Point of Beginning; thence South 84 degrees
45 minutes West, 55.08 feet, more or loss, to a point
being 50 feet, as measured at right angles, from said
center line; thence South 19 degrees 31 minutes West,
parallel to said center line, 1519. 10 feet, more or less,
to a point on the common line between the property of
Opal T.Shroves and the property of R. E. Bremmerkamp;
thence eastwardly, along said common property line, 55.08
feet, more or less, to a point on the center line of said
former main track; thence North 19 degrees 31 minutes East,
along said center line 1519. 10 feet, more or less, to the
point of beginning; containing 1.74 acres, more or less,as
' set forth in a quit-claim deed from the Missouri Pacific .
Railroad Company, and Jefferson City Junior Chamber of
Commerce, Inc. ,
subject to the following stipulations, conditions, and covenants,
to wits
1. That said easements will be limited to two (2) entrances
for commercial or multi-family dwellings purposes, said entrances
to be no more than twenty-five (25) feet in width;
lir 2. That said easements will be limited to four (4) entrances
to be used for single family dwellings; on real estate owned by
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r
. .
. .; a ' .
the Grantees, and subject to the further condition that no such
entrance or entrances or easement shall be utilized by the
Grantees, their heirs, successors and assigns, for the purpose '
of connecting any thoroughfare between Fairgrounds Road and
• t .
Fairland Drive or any other street, road, alley or thoroughfare.
To Have and to Hold said easement and rights unto the Grantees, • u
their heirs, successors and assigns, forever. •
Grantor covenants to and with the Grantees that it is lawfully '
r•
seized and possessed of said lands, has a good and lawful right
•
' and power to sell and convey same and that the Grantor will forever
warrant and defend the title to said easements and the quiet enjoyment
■
r
thereof against the lawful claims and demands of all persons whomsoever. ;
IN WITNESS. WHEREOF, the Grantor has caused these presents to
1
be signed by its President and attested by its Secretary and its
' corporate seal to be hereto affixed the day and year first above
written.
' lit .
JEFFERSON CITY JAYCEES,
#9, a Midsouri not-for- profit corporation .
(SEAL) f /1 / `.
r
its President l o =na or"
• ATTEST:
Its Secretary Mark Webor '•
STATE OF MISSOURI
ss
COUNTY OF COLE
On this ILL day of . i..., , 1979, before
• me personally appeared A. ,,, ,.j and • .
/i- 4 e i/,t ,,,, , to me personally known, who, being .
by me duly sworn, did say that they are the president and' secre-
tary, respectively, of the Jefferson City Jaycees, a Missouri
not-for-profit corporation, that the seal affixed to this instru-
f,bic,zgtint is the corporate seal of said corporation, and that the said
:'••' ihetrument was signed and sealed in behalf' of said corporation by
•�:' r r •
. t) r aiairhgrity of its Board of Directors : - is t , ee act •.'deed
.' ' �, o�;said corporation. ,
. 0 i.; ,.. • .:sc:. .1 /•
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�U 1 -tG�4� iv rfo Lary ' s
expire sr anis MUM Lt.MI
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