HomeMy Public PortalAbout06/19/1978 350.
Regular Council Meeting:
Mayor Hyder presided.
Prayer was offered by Mayor Hyder,
Councilmen present: Borgmeyer, Brant , Gordon, Hager McDowell,
an
Rackers Robinson, Whitecotton d Wildhaber. ;i
' Councilmen absent: Hartsfield, absent with leave.
A quorum was declared present.
I iThe Minutes of the meeting of June 5th, and Special Meeting of
lJune 7th, were approved as received.
The following bids were received for the extension of Private Seweri'l
No. 321 (Line "B") : I
Edgar Schnieders Construction Co. $ 7,782.17 ;Opening
Willard Stockman Construction Co. 6, 720.93 of
I Socal Construction Co. , Inc . 6o748. 79 fBids.
J.C. Industries , Inc. 8,351. 71
Sterling Excavation and Erection 8:638. 88
iCouncilman Borgmeyer moved that the bids be referred to the
Director of Public Works to report back to the Council . Motion
it
Later the Director of Public Works reported that the low bid 11
of Willard Stockman Construction Co. was in order and acceptable .
Councilman Hager moved that the bid be awarded to Willard
Stockman Construction Co. Motion passed.
The following bids were received for the demolition and removal of !,'Opening
existing buildings located at 316 East McCarty Street: of
Prost Builders $ 30000.00 ,'Bids.
Don Schnieders Excavating Co. 3,460.00
Edgar Schnieders Construction Co. 4:000.00 Ii
ij
lCouncilman Hager moved that the bid be awarded to Prost Builders ,
the low bidder. Motion passed.
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The following bids were received for the Slurry Seal Project:
Missouri Petroleum Products Co.
St. Louis , Mo. $16 ,050.00
Musselman and Hall Contractors , Opening
Kansas City, Mo. 16j500.00 of
Aids .
Councilman Borgmeyer moved that the bid be awarded to Missouri
Petroleum Products Co. , the low bidder. Motion passed.
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Councilman Hager moved that Bill No. 23 be placed on the Informal :','Bill 23.
Calendar as he is to consult with the City Attorney to define ,';Contract with
$'recycling". The matter will be brought up later in Committee, ;Environmental
with possibly a public hearing, instead of drawing a new Ordinance I'Sanitation.
at a formal Council meeting. Motion passed.
Harvey Tettlebaum, Attorney for Central Missouri Junk Co. ,
appeared before the Council, presented some materials which are
recycled, and made the following statement:
As attorney for Central Missouri Junk, I have been asked to present
to the Council information on Bill No. 23, the proposed Ordinance
to amend Ordinance 8915 and Ordinance 8320.
As may be now evident to many of the members of the City
Council, the proposed change would affect far more residents of this,i
City than originally represented by ESM, Inc . , when it first
suggested these changes to the Health Committee. To understand
fully how dramatic a change Bill No. 23 would have in its subject
matter, that is , the collection of garbage and trash within the Cit}'
of Jefferson, it is necessary for the Council to review the past
Ordinances adopted by the City giving one person or another the
exclusive right to do one thing or another with the garbage and il
trash of the City 's residents . I shall have distributed to each of '!
you copies of most of the past Ordinances. If you compare all of 111
them, you will notice one common strain running throughout. No
person has ever been given an exclusive franchise to haul trash
from residents of the City of Jefferson. The exclusive contract on
franchise has always been for garbage only. This includes the I
sontract executed on November 4. 1976, authorized by Ordinance 8915!
Paragraph 1 of that contract states:
351 .
_... . _ Regular Council Meeting, June 19, 1978. _.
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City hereby grnntrg to Contractor the exclusive
right privilege and franchise, subject to the provisions
of Ordinance No. 8320 of the City, with any amendments ?
thereto, to collect , transport and dispose of all
garbage from within the City Limits of City."
(emphasis added) i
Paragraph 8 of that Contract requires the Contractor to collect'
,garbage and trash from all commercial establishments in the City,
but does not give it the right to collect trash from commercial if
establishments exclusively. In other words , Contractor is required
il
to pick up all garbage and trash but has the exclusive right only
to pick up garbage.
The reasons for this have existed for years in this City.
Numerous businesses sell recyclable trash to private contract !i
haulers . This includes shredded plastic such as I have here in my '1
Bill 23. hand, animal and vegetable grease from restaurants such as that
Contract contained in these cartons , shredded newspaper such as that made
with from newspaper collected by the Girl Scouts and used for insulation,'
Environmental bones and meat scrapes sold to rendering plants, flowers left over
Sanitation, from funerals given to the retirement homes in the City , and many
more products too numerous to mention this evening. Therefore, this'
Council wisely chose to allow this practice to continue . ESM, Inc, ,
the present contractor, was aware of the terms and conditions and
limitations of his present contract with the City when he entered
' into it on November 3, 1976. The basic contract which ESM, Inc. ,
°; now has is an exclusive garbage contract and exclusive residential
; service contract . If ESM, Inc . felt this undesirable, it should
;never have agreed to such terms for nix years . Perhaps , there are
other factors which occurred after November 3, 1976, which
: encouraged ESM, Inc, to attempt to change the existing contract. 'I
, encouraged
from the comments heard at the last Council meeting
'which considered this Bill., and from the letter written by ESM, Inc.;;
: to the City on May 10, 1978, it is not the good of the residents ofi
the City and the cost to them which concerns ESM, Inc. , but matters ';
personal to those who own ESM, Inc. To determine thin , it might bei
helpful to look at the so-called concessions which ESM, Inc. gave
to the City to acquire the exclusive garbage contract .
The first no-called concession is the free annual City Clean-
. Two week: ngo an agent of ESM, Inc . stated it cost the any ;,
.,
T3,000.00 to perform this service. I believe if ESM, Inc. would
allow the City to have an auditor review its books and records the
City would find that included in that $13,000.00 figure is the
costs of regular garbage and trash pickup which ESM, Inc. is
. required to perform and does perform, I predict that this audit
will show the cost of the City Clean Up is quite small .
The next so-called concession is the t-wo year freeze on
prices . A close look at this freeze reveals that when the contract '
. was negotiated in 1976, the residential price increased for the new '
contract. The freeze of residential rates began from an increase
which was healthy. Coinmercial users under the Contract are to be '+
,; changed rates "currently being made for such service from such
; commercial users ." Does anyone know what those rates are? Is Ir
there a requirement that these rates be posted or made available ate,
;; City Hall so that one commercial user can compare his charges to
, another commercial user? If this were required, would some
;; commercial users serviced by ESM, Inc. find that they are being 1,
; charged more for the same size container emptied the same number ofll
iitimes a week than other commercial users? Would this then allow i
;' them to use the appeal procedure for negotiating rates provided in
, the second paragraph of paragraph 8?
Recyclable material means money to commercial establishments.
NThe State of Missouri has recognized this for years in its bidding �l
process for trash produced from State agencies within and outside
; the City of Jefferson. It is this fact which allowed my client
, recently to outbid a far larger and economically more powerful
: company ESM, Inc. on a trash hauling contract let fair and square
by the State. I see no reason to repeal publicly the threats made
by an agent of that more powerful company after he was unsuccessfull,
in attempting to have the State purchasing agent and the City Ij
Counselor of this City rule that a City Ordinance could bind the
State of Missouri. Perhaps, the need for my client and others to
'; be here this evening is manifest proof of the attempted continua- �!
tion of a personal vendetta. Perhaps , the unwise termination by
that powerful company of an employee whose potential was immediately
realized by my client is the cause for such conduct. I do not know;
'i
i
Emil
352 .
Regular Council Meeting, June 19, 1978.
_...,,.x..~do know or feel that this Council chamber is no place for one
; person to give vent to such feelings nor is this Council 's proper ffiffl
! £unction to allow itself to be used to further such conduct. As I
l; personally told agents for ESM, Inc. two weeks ago this evening in
,:another room on this floor, if ESM, Inc. has a personal dispute
;;with my client or any of its agents , we would be delighted at any
.' time to sit down and attempt to resolve that dispute like gentlemen.
;;Fourteen days have passed and neither my telephone nor the telephone:
; of my client has rungwith a call from an agent of ESM, Inc.
We submit to this Council that the changes proposed in Bill
' No. 23 would be unwise, be harmful to numerous commercial establish-
`'ments in theCity and would promote no public good . We respectfully
"suggest that Bill 23 should either be referred back to the Health Hill 23.
'! Committee where at public hearing changes beneficial to the Contract
,, residents of the City can be discussed openly and all effects of with
: such proposed changes examined, or the Bill should be withdrawn. Environmental
In its present form, it is unworkable. I do not believe it could Sanitation.
be easily amended. I agree with Councilman Hager that this meeting
: is no place to rewrite a proposed Ordinance improperly drafted.
That is the purpose and prerogative of the Committees of this
Council. Obviously, my client would prefer that the Bill be with-
'drawn entirely since, as is obvious , we find it of no redeeming
'isocial or economic value to anyone other than ESM, Inc. The true
;;measure of the worth of a proposed Ordinance we assume is the good
it does the public , namely the residents of the City of Jefferson.
. My client along with other businesses represented here this evening
, have performed a valuable service to the residents of this City by
;; paying commercial establishments for recyclable material or being
fable to haul their trash for considerably less cost because of the
, subsequent income realized from being able to sell recyclable
;materials gleaned from that trash. If the current Contractor is
tunable to make an adequate return on its investment under the
!( present City Contract , two years ago this November was the proper
' time to have considered that . If the City finds it in their best
,jnterests to renegotiate the terms of the contract, we urge l.t to
.'; consider some of the point: I have raised this evening.
Thank you for the opportunity to present these remarks .
:! Councilman Borgmeyer objected, as he thought Mr. Tettlebaum was
:, out of order by accusing.; the Council of doing something which they
haven't .
A statement was received from Mid-Missouri Council of Governments ,Statement
for membership dues, in the amount of $6 481.40 (20G per capita) . Mid-Mo.
Councilman Wildhaber moved that the payment of the bill be Council of
' allowed. Motion passed. Governments .
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Mayor Hyder stated that he had received inquiries in regard to the First
Ifirst Council Meeting in July, since the regular meeting date would Council
" be July 3rd, the day before a holiday. Meeting in
i; Councilman Borgmeyer moved that the first meeting in July be July.
held on Wednesday, July 5th. -Motion passed.
;
:!A letter of resignation was received from James Underwood, Resignation
11Jefferson City Fire Department, effective June 10th. Fire
Councilman Mager moved that the resignation be accepted. Department.
c
jMotion passed.
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, Letters of resignation gereceived from Thomas E. Buschman,ca
effective July 1st, and Louis D. Tedeschi, effective July 10th, Police
; from the Jefferson City Police Department. Department.
Councilman Whitecotton moved that the resignations be
' accepted. Motion passed.
IThe following reports of the Planning and Zoning Commission were
1presented to the Council:
; The Jefferson City Planning and Zoning Commission met on June 8,
;, 1978, in the Council Chambers of City Hall , with the following
( members present: Chairman P. Pierre Dominique, presiding; Members
Mike Bates , Fred Bode, Dick Caplinger, Charles Dudenhoeffer, Jr. ,
, Gale Hackman, Carolyn McDowell and Obie Munzell. Members absent
;were: Seth Evans , Fred Rost , Jr. , Charles Jackson and F. E. "Buck" .
; Robinson. Also present were Thomas H. Benton, Director of Planningy
:! and Kevin Roods , Planner.
y
II j
353.
_ . Regular Council Meeting, June 19 , 1978.
;The Minutes of the previous meeting were approved as mailed. i
The following items of business were transacted: {
jl . The first item of business was the request from Farm Bureau
for approval of a site plan to construct a new headquarters complex :;
in a C-4 (planned commercial) district off South Country Club Drive ;;
'at the intersection of U. S.Highway 50. The presentation was made
by Forrest Carson, John Hoelscher and Jim Shikles .
Discussion generally centered on the location of the warehouse ::
.which is proposed to be situated in an area that may prevent the
;future re-location of South Country Club Drive as proposed in the
:Comprehensive Plan update.
On. a motion made by Mrs . Munzell and seconded by Mr. Duden-
Planning ',hoeffer, the site plan was unanimously approved with the exception
and .;of the warehouse location. The warehouse location is to be held .
Zoning ;over for a special Commission meeting to be held on June 15 , 19780
Commission at 4: 30 p.m.
Report . Mr.. Caplinger moved that all property owned by the Farm Bureau :
located between the existing South Country Club Drive and the
proposed re-location of South Country Club Drive be re-zoned from
RS-1 (single family) to C-4 (planned commercial) . This motion was
seconded by Mrs . Munzell and was approved unanimously.
2. The next item of business was the request from Arthur N. and
Theodore E. Busch, to rezone a tract of land lying north of Missouri,
'Boulevard and south of St . Mary's Boulevard (behind the Jefferson
;'Plaza) , from RS-3 (single family) , RD (duplex) , RA (multiple
,dwelling) , to C-2 (general commercial) . Mr. Art Busch and Edgar
'Eagan made the presentation stating that the property would be
!;developed with warehouses . Those appearing in opposition were
, Steve Cearlock, 612 Waverly Street , Mrs . Voss , 1409 St . Mary's
,Boulevard, Mrs . Putnam, 1411 St . Mary's Boulevard, Mrs . Sander, F!
1405 St. Mary's Boulevard and Ray Roling, owner of property located ,
at 602 Waverly Street . Mr. Dudenhoeffer made the following motion: ;
`;All property included in the request be re-zoned to C-4 (planned
;commercial) with the exception of a triangular piece of property
'located behind Lots 15 through 20, of Stegeman' s Subdivision, and
;Lot 11 of Brown's Addition. This motion was seconded by Mrs .
i'Munzell and passed with all members voting in the affirmative except.,
,!Miss McDowell who voted "no".
'3 . The third item of business was the consideration of the
preliminary plat of Inglenook Subdivision. Approval was granted
, for acceptance of the preliminary plat on a motion made by Mr.
Ca linger and seconded by Mr. Bode. Approval was unanimous but
.isu ject to changing Burgandy Court to extend to Vieth Drive if the
:City can negotiate right-of-way arrangements with the Jefferson
iSchool Board , or if this is impossible, then by ending Burgandy
'!Court in a cul-de-sac .
4. Louis Vetter made the presentation for the acceptance of the
,; final plat of Landwehr Hills Subdivision, Section 10. Unanimous
;approval was granted on a motion by Mr. Caplinger with a second by
, Mr. Dudenhoeffer.
15 . The fifth item of business was the consideration of the prelim.`
' inary plat of Hoffman Subdivision. The Department of Planning and
;;Department of Public Works requested permission to discuss the
ipossibility of the development of the remaining four acres with !
;Mr. Hoffman. Such development may require an additional street
extension to Tanner Bridge Road. Subject to the above recommenda- i
Ition, Mr. Dudenhoeffer moved that the preliminary plat be approved.
, The motion was seconded by Mrs . Munzell and carried unanimously.
6. Mike Riley appeared before the Commission, requesting approval ,'
of the site plan for the American Legion .Headquarters and a new
;;office building to be constructed by Gene Knipp. After considerably;
,;discussion, the request was separated and Mr. Caplinger moved that
Ithe American Legion site plan be approved subject to the dedication ��
, of sixty (60 ') feet of right-of-way extending from Wildwood Drive ;!
to the easterly edge of the American Legion property. The motion
,;was seconded by Mr. Dudenhoeffer and passed unanimously. i
! The Commission then considered the request for the office !'
>t�building. Discussion again centered on the need of having dedicatoi
;;right-of-way to assure the construction of a street meeting City
,!specifications . Because a special meeting had been set for June 15,11
;.1978 it was decided to hold this matter over for further
;consideration at that meeting.
It was announced that a public hearing on the Comprehensive !(
Plan will be held on July 13, 1978, at 7:30 p.m. ;s
There bein no further business , the meeting adjourned.
Respectfully submitted, /s/ Fred Rost, Jr. , I,
Secretary. ��
354.
...................._____Regul.arICo:uncIl__Meeting, _June..,_19.._. 1.9 7.8..
The Jefferson City Planning and Zoning Commission met in special ;
session on June 15, 1978, in the Council Chambers of City Hall with !;
the following members present: Chairman P. Pierre Cominique,
ipresiding; Members Mike Bates , Dick Caplinger, Charles Dudenhoeffer,;,
IJr. , Seth Evans , Carolyn McDowell, Obie Munzell and Fred Rost , Jr.
iAlso present were Thomas H. Benton, Director of Planning and Kevin
Roods , Planner.
The following items of business were transacted:
1 . The first item of business was the request from Farm Bureau
for approval . of a site plan to construct a warehouse in a C-4
(planned commercial) district off South Country Club Drive at the
Iintersection of U. S.Highway 50. The Commission was informed of
several meetings held between Mike Bates , Tom Benton, Spencer :Planning
Thomas, and the Highway Department . The Highway Department plans land
are in an advanced stage and consideration of the re-location of Zoning
South Country Club Drive is impractical at this time . Furthermore, �Commission
their plans call for the outer roadway to extend west to St. ..Reports .
(Martins which, in effect , will relieve the traffic situation on
South Country Club Drive.
Based on the above information, Mr. Dudenhoeffer made a motion,
! that the location of the warehouse be approved as submitted by the
Farm Bureau. The motion was seconded by Seth Evans and approved
unanimously.
Both Mr. Bates and Mr. Benton thanked the Commission for the
necessary time to investigate the situation and felt that the
planning function of the Commission had been fulfilled per our
obligation.
12. The second item on the special agenda was the request for
approval of the office building for Gene Knipp. At the request of
the attorney representing Mr. Knipp, this request was continued to
the next regular meeting of the Commission, to be held on July U ,
1978.
There being no further business at this time, the meeting
adjourned.
Respectfully submitted, Isl Fred Rost , Jr.
Secretary.
; Councilwoman McDowell moved that the reports be filed. Motion
passed.
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The following report of the Parking and Traffic Commission was
presented to the Council:
' The Parking and Traffic Commission meeting was hold June 8, 1978, �,`Parking
7:30 A.M. , at the Police Station, with all members present except !! and
Jim Whaley and Rael Amos , who were both absent with leave. Also i:;Traffic
1present was Chris Graham, City Attorney, and Arthur Wankum and .'Commission
Joe Forck of Capital Savings and Loan Association, ,Report .
The order of business was as follows :
1) Councilman Hager, Chairman of the Special Committee on Snow if
Routes reported he had received Mr. Graham' s written response to
the legality of the Commission's recommendations . After consider-
able discussion it was again agreed to endorse a general "snow
tire" ordinance which would provide for a penalt y for those
who obstruct emergency vehicles and/or the flow of traffic who do
not have snow tires and/or chains. The City Attorney was requestedli.
to prepare a legal definition of snow tires and report to the
Commission at its Jueeting.
12) The request for bike trails was held over indefinitely after
considerable discussion and concern over safety problems in desig-
nating City streets for bike trails and the cost of the required
80 signs .
3) Chairman Dill reported he had met recently with District Five
officials and they favorably received his request for a "center
turning lane" on Southwest Boulevard from Route "C" to the Highway
54 overpass. The Chairman indicated he would report at the next
Imeeting as to progress being made.
4) Modern Litho-Print request for a 15 minute loading zone in the ';
east-west alley adjacent to 411 Madison Street was approved.
The Commission also recommended the following:
a) Removal of parking on both sides of the north-south alley II
Ibetween East McCarty and East Miller Street between Madison and
Monroe.
5) The Department of Public Works presented a recommendation to !1.1
eliminate parking on both sides of Southwest Boulevard from Missourii
Boulevard to Memorial Community Hospital to allow the striping of ail'
355 .
Regular Council Meeting, June 19, 1978.
' center turning lane. Capt. Duncan suggested the length of the
j proposal be extended to Route "C". The Commiss�.on agreed to review��
the area before the next meeting at which time action will be taken.,
„ 6) The Commission approved the designation of Landwehr Hills as j
; a "through roadway" . 1
7) The Commission approved the installation of a Yield sign on'
. Carl Lane before entering Scenic Drive.
8) The Commission approved the removal of parking a distance of
60 feet along the north curb of West McCarty east of the east curb
of Washington Street.
Parking 9) The Commission held over the request from the "Doctors Park"
and for parking restrictions along Woodlawn and Madison Street. 11
Traffic . 10) The Commission approved the removal of parking a distance of
Commission 220 feet along the south curb of West Edgewood west of the west
Report . curb of Satinwood .
: 11) The Commission approved the extension of the bus loading zone
.. at Moreau Heights School. The proposed zone to begin at a point and
the west curb of Hough Park Road 365 feet north of Carol Street and ,;
, extend a distance of 145 feet.
. 12) The Commission approved a request from the Police Department
to sign the street parking on Monroe and East McCarty adjacent to
' the City Police Station property for "Police Vehicles Only" during
, construction of the new facilities .
Respectfully submitted, /s/ Bill Dill , j
Chairman. I`
!I: Councilman Hager moved that the report be-filed. Motion passed. `
iThe Minutes of the Board of Adjustment were presented to the
it
, Council:
The regular monthly meeting of the Board of Adjustment was held in
sthe office Planning and Code Enforcement, 911 East Miller Street, ;
'on Tuesday , June 13, 19789 at 8:15 a.m. The following members were !,
,; present : Chairman Rick Morris , presiding; Members Busch, Frevert l�
and Rouser. Mr. Gordon Persinger was unable to attend this meeting
';Also present was Thomas H. Benton, Director of Planning, Kevin 11
Roods , Planner, and Carlotta Wilbers , Secretary.
The following items of business were considered:
1 . The first item of business was the request from William and II
,Lillian Willenbrink, for a conditional use permit to operate an
office from pro art located at 1115 Southwest Boulevard. Mr. &
Mrs . Willenbrintc submitted a letter to the Board stating Mr. Harold !
;Lynch and Mr. Dori C. Roark would represent them and answer any
questions the Board members may have,
Mr. Lynch and Mr. Roark were sworn in and presented testimony
Board with regard to their plans for the use of the building located at
of 1115 Southwest Boulevard.
Ij
Adjustment ; Mr. Roark stated the building would be used for their Realty
Minutes. 'office and the appearance of the building would remain the same i
,with minor alterations . tie stated because of the office and apart- i'
ment building located approximately ten to eleven (LO' to 111) feetl
,;north of the property line in question, it was his opinion the �l
'residential atmosphere was destroyed.
j Mr. Roark submitted a letter from Mr. David A. Nunn, who
;appraised the property in question, and stated, in his opinion, the ;
lieffect of the commercial property adjacent to the property in
; question, would result in a decreased valuation if sold as a singlel�
: family residence. I
( After discussion, Mr. Morris informed Mr. Lynch and Mr. Roark
;,the Board of Adjustment could not act on this request until after
;!the rezoning request had been approved and finalized by the City !I
A'Council. Therefore, this request will be held over until the July
l�Board of Adjustment meeting.
, 2. Mr. Joe Weaver had requested to confer with the Board of
!;Adjustment regarding a request he submitted after the deadline for
,;the June 13, 1978, meeting. It was the opinion of the Board no !;
i.action could be taken and therefore Mr. Weaver should appear before !!
; them at the July meeting after his request had been properly
;advertised and all persons concerned had been notified. Is
;3. . Mr. Benton stated he had been contacted by Mr. Bill Asel with
;;regard to a request submitted at the May 9, 1978, Board of Adjust-
!iment meeting in which he requested a side yard variance at propertyl
,,located at Lot #16 Crestmere Court and which the Board of Adjustrnentl
denied as a compromise could not be reached with Mr. Asel.
i' 1
356.
Regular Council�Meeti.ng,_
Mr. Asel has sincereconaidered and would like to build within; ^
five (5 ') feet of the north property line and ask the Board members ;
if they could approve this variance.
It was the opinion of the Board members the above request had
fl been denied and if Mr. Asel desired to re-submit a request on the
above property for a side yard variance, he may do so. However,
the request must be accompanied by letters from Mr. Jack Hoey, 818
Crestmere Court, and the new property owners of 812 Crestmere !j
Court, stating they have no objections to the variance,
4. The next item of business was consideration and approval of a 11
sign at the property located at 231 Madison Street . The purpose of!i
this sign would be to display the name and type of business which ;:Board of
would occupy the building upon completion. Mr. Benton stated his !'Adjustment
recommendation was for two (2) 3' x 4' signs or one (1) 6' x 8' ;;Minutes,
sign to be secured to the outside of the barricade to be constructed!;
iin front of the building during construction. The Board ruled they
had no objections to the display of signs and agreed to follow
Mr. Benton's recommendation, it
5. The last item to be discussed was a letter submitted to Mr. !i
Benton asking for his opinion on an office to be constructed for
the Girl Scouts on the property owned by this organization at 1915
Greenberry Road. After discussion, the Board members requested a j!
legal opinion from the City Attorney before theywould consider such!i
a request . Mr. Benton was instructed to contact Mr. Chris Graham,
City Attorney, and obtain a legal opinion and advise the Board at
the next meeting.
There being no further business at this time, the meeting
adjourned.
Respectfully submitted, /s/ Thomas H. Benton,
Director of Planning.
Councilman Rackers moved that the Minutes be filed. Motion passed.:
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The following report of the ParkingAuthority was presented to the
Council:
The Parking Authority met at 7: 30 a.m. , Thursday, June 16, 19780
with Robert Schulte, Vincent Borgmeyer, Charles Czarlinsky, James !
Thomas Wilben Dill Mike Bates ,
James Hartle Rev. Kevin Gormle ,z
Don Gerling, Allan Pollock, Jim Jordan, Roger RogerV y�
erslues , and Bill `
Boes, present . F.E.Robinson was out of town.
1 . On a motion by Czarlinsky, and seconded by Borgmeyer, the
Authority will request more information from the Environmental !i
Quality Commission concerning the request of $7,850 in payment of
trees planted in front of the City Parking Garage and on Lot 17 IlParking
behind the Missouri Power and Light Company. Eight trees on the 11Authority
lot are free of charge. + Report.
2. On a motion by Thomas , and seconded by .Dill , .the .water hook-up+
at the City Parking Garage for watering the trees was authorized.
3. On a motion by Borgmeyer and seconded by Dill, two hour �I
meters would be installed on o0 Broadway on the west side from thell
alley north to Main Street, and a two hour zone from the alley ;I
south to High Street. This will be on trial basis for three months'
Don Gerling and Rev. Kevin Gormley, representing the St. Peters
Church, pointed out the Historical aspect of the Church and
requested the two hour zone in front of the Church. �!
4. On a motion by Thomas , and seconded by Czarlinsky, recommend �!
to purchase Lot 18 for $11,612.04.
5. On a motion by Borgmeyer, and seconded by Czarlinsky,
recommend to purchase Lot 9 for approximatelyy $8,000. ;
6. On a motion by Borgmeyer, and seconded by Dill, to take bids J,
on Sealing Lots 17; 22 and 11. Mike Bates will compare the bids
with the Seal they are going to put on city streets this summer.
7. On a motion by Borgmeyer, and seconded by Czarlinsky to take
bids for High Pressure Sodium lights to be installed on tie first !i
level of the City Parking Garage. II
8. On a motion by Dill , and seconded by Thomas, to take bids on
sandblasting and sealing the second level in the Garage. The cost {;
is estimated to be $18,000 to $20,000.
9. On a motion by Borgmeyer, and seconded by Dill, a request from:,;
Verslues and Associates for payment of engineering fees be referredi'
to the Finance Committee. 1i
10. On a motion by Thomas, and seconded by Borgmeyer, to accept a Ij
proposal from Bee Seen Sign Co. to install a FULL sign in front of is
the entrance of the City Parking Garage. The cost is $435.00,.
357.
Regular Council Meeting,. _June . 19,
11. On a motion by Thomas , and seconded by Dill, to accept a
proposal from Roy Scheperle to repair the sidewalk and curbs around
,the City Parking Garage. The cost is $464 .00.
A2.12. On a motion by Thomas , and seconded by Dill, surface Lot 29
11and rent . This is a temporary lot on 300 W. Main Street . The lot
,11has approximately 150 spaces .
i /s/ Robert C. Schulte,
t Chairman, Parking Authority.
i'
I+Councilman Borgmeyer stated that the ParkingAuthority had agreed to
!'Councilman
Lots 18 and 9 from the Housing Authority, but he had
? received a letter from the Housing Authority notifying him that the
Parking ;Authority would not sell them the lots , Mayor Hyder said that he
Authorityljhad received a letter from the Housing Authority informing him that
Report. ;; they were selling the lots to the Exchange National Bank for
, $35, 700.00. In explanation, Mr. Herron advised him that when the
jCity was dropped from the plan, they purchased the Masonic Temple
in lieu of the lots . I
Mayor Hyder said that he would call Mr. Herron to meet with
Ithem in regard to the lots ,
! Councilman Borgmeyer then moved that the report be filed, I
`iMotion passed, _ w _ _ _ _ _ _ _ _ ()
' Councilman Borgmeyer, Chairman of the Accounts , Claims and
Personnel Committee, presented the following report:
Meeting of the Accounts , Claims and Personnel Committee held in the,
Council Chamber, June 15, 1978 , 7:30 P.M. , with the following ?!
j, members present: Councilmen Borgmeyer, Wildhaber, Hager, Brant and!!
+ Hartsfield. Councilwoman McDowell also present, together with
' Sewer Commissioner Jim Locke, Director of Public Works Mike Bates I'
11and Street Commissioner Larry Bates . Mr, Neil Thursby, Representa-
tive of Laborers ' International Union #45 , was also present.
+ Councilman Borgmeyer brought up the matter of the Union
j representation and asked if anyone wished to appear. Mr. Thursby
stated he was appearing in response to the letter from Councilman ii
EBorgmeyer; he thanked the Council for the opportunity to appear andj(
istated that Mr. Bennett was unable to be present , but he had sent
Willis Jobe, President of the Local Union, and Mr. Bob Muir, Vice
(I President.
Mr, Thursby stated an election had been held in August of 197Ni
( but no letter or statement or documentation of any kind had ever +�
been received from the City Council, that the Cityy does recognize r
! the Union. A Resolution had been submitted and he would be glad
,! the
discuss the matters involved, i?
Councilman Borgmeyer stated this Committee had recognized the ;(
Union #45 as Bargaining Agent and referred to Committee and Council(
, Minutes . Councilman Wildhaber moved that we send copy of Council
Accounts,l' Minutes, in which the Committee and Council accepted Local # 45 as �C
Claims Bargaining Agent, to the Representatives of the Union. Motion l
and + seconded by Councilman Hartsfield and passed.
Personnel City Attorney Graham questioned Mr. Thursby - assuming the '
Committee Council would be willing to adopt a Resolution similar to the one
Report, presented, would the Union be agreeable to an immediate election
I with respect to de-certification. Mr. Thursby responded that once i�
the City Adopts such a Resolution - even if it is not word for
' word - they would be agreeable to an Election, because if they do
not represent a majority of the employees they do not have any
business here.
Mr. Thursby also stated they would be agreeable to 'a "no
Strike Clause" for the period of time covered by theResolution.
The Resolution would be accepted as a contract for a particular
period of time.
Mr. Thursby further' stated they need a Grievance Procedure,
some method to follow when there is a complaint about salary, time
off, etc. - they need a step procedure for the employee to follow.
Councilman Hartsfield made a motion that City Attorney Graham ,
be requested to prepare a new Resolution for the Committee,
including the things we have discussed, something we can agree upo �
and send the Union a copy. Motion seconded by Councilman Wildhabe
( and "passed unanimously.
Sewer Commissioner Locke presented a bill for Leslie Parscal I
!� to attend a school on sludge disposal in Kansas City, Missouri;
school conducted by EPA on June 14 and 15, 1978, estimated cost of !
! $145.00. Councilman Hager moved payment of this amount, seconded
+ by Councilman Hartsfield, and passed unanimously.
1111 1 11 IN,I
358.
Regular_.roux.�i l_..M.e.gz_tng,__.J_une__19.,._ 197�_�._.
Mr. Locke also presented a request for increase of . 15 per fl
!hour for Norbert Kliethermes ; he will be Chief of Maintenance and
will be responsible for assigning work to the field crews and
fjseeing that it is done. Councilman Wildhaber moved the approval ofJ
!,this increase, motion seconded by Councilman Brant and passed
('unanimously, f
Director of Public Works Mike Bates requested an increase of I
1 $40.00 per month, effective July Ist , for Robert McPhearson,
Technician III. Councilman Brant moved the approval of this Accounts,
increase; motion seconded by Councilman Wildhaber and passed ;'Claims and
unanimously. 'Personnel
City Attorney Graham requested the Committee to consider the ;,Committee
addition of a Legal Secretary to the City Attorney's Office, to be Report.
appointed by the City Attorney, by and with the approval of the
Mayor and Council, compensation to be set by the Council. Assist-
ance could also be provided to the Mayor and Council by this
employee. This person could office in the room back of the Police
,,Court and provide assistance in Police Court operation.
The Committee should also look into the compensation for the
11office of City Attorney.
Councilman Borgmeyer requested that Mr. Graham furnish the
Committee, in writing, a proposed range, both for the City Attorney ;
and the Secretary. Motion made by Councilman Hager, seconded by
,Councilman Wildhaber, that the proposal be taken under advisement. '?
Motion passed, j
Meeting adjourned.
Respectfully submitted, /s/ Vincent F. Borgmeyer,
Chairman.
Councilman Borgmeyer moved that the report be filed. Motion .passed.
~ +
Councilman Hager, Chairman of the Fire Department Committee, I
! presented the following report:
Meeting of the Fire Committee on June 19th, 7: 30 P.M. , in the
Council Chambers .
Councilman Wildhaber made a motion, seconded l)y Rackers , that
we deny mutual aid agreement with Department of Corrections .
The five year agreement with Columbia, Fulton, Mexico, Moberly
and Boonville was approved on motion by Councilman Rnelte rs , secondal
by Councilwoman McDowell , and passed.
James Underwood and Ted Reed resignations received. Motion by
Wildhaber, seconded by Rackers , to accept such resignations . . Fire
Motion made by Rackers , seconded by Wildhaber to approve the Committee
appointment of James Wiggins as Probationary Fireman, at a salary ;;Report.
' of $8,192.90. Motion passed, �{
Meeting Adjourned.
Respectfully submitted, /s/ Harvey Hager, !t
Chairman.
f
4i
Councilman Hager moved that the report be filed . Motion passed.
i,
Councilman Gordon, Chairman of the Street Committee, presented the `{
following report: jStreet
ij Committee
The Street Committee met at 7:45 P.M. , Monday, June 19, 1978, with I!iReport.
all members present. The order of business was as follows :
The Department of Public Works submitted a proposal for an
overlay program (list attached) . The Committee endorsed the use of !
$90,000 from the Capital Improvements Budget for a portion of the i
project , contingent on the money being re-budgeted as the Number i
One priority in November of 1978. The .Committee also recommends i!
, the matter of financing the remainder of the program be referred tol!
{ the Finance Committee for a decision on funding.
i There being no additional business the Committee adjourned.
Respectfully submitted, /s/ Darrel Gordon, j
Chairman. ;
1 Madison 420 tons 8) Hillsdale 420 tons;!
12 Tyler 280 " 9) Capitol (Madison to
3 Hickory 330 " State property) 375
,4 Oak 195 10) Oakview 675 {
{5 Case 240 " 11) Ronnie 90 "
6 Industrial Drive 2810 " 12) Belview Court 100
17 Country Club 1575 " 13) Hawthorn 140 {,
li
359.
Regular Council Meeting, June 19, 1978,
'�14} intersections 19) Bassman 190 ton
Madison-Dunklin 20) lhler-., Sue to
Jefferson-Dunklin 250 tons Gardenview 235 "
.15 James 300 " 21) Dogwood-Tower to '
,i16 Norris 675 " Edgewood 500 "
47 Hart-W.McCarty to 22) Buehrle-Satinwood
W.Miller 190 " to Lynnwood 300 "
18) Mesa 250 " 23) Marion 150 " !`
Street 24) Tower-Westwood to I�
Committee" 560
Report .;; 16 , 75 x 11,250 tons s $188,437. 50
1,
;`,Councilman Gordon moved that the report be submitted to the Finance !
;Committee, for approval before the next Council Meeting. Motion
passed. !`
Street Councilman Brant referred a request from Dorothy Mager, for a curb
Committees, cut on Stadium, to connect her driveway, to the Street Committee. !
Mo. Power' Councilwoman McDowell referred a request for street lights in
& Light , Timber Hills Subdivision to the Missouri Power & Light Company.
Company. -, - - - - - - - - -
,:Councilman Borgmeyer referred a petition, requesting a street light ,'
lin the 600 block of Waverly Street, to the Missouri Power & Light
Company, +
Mo. Power,; Councilman Borgmeyer said that several months ago he had
& Light !, requested a recommendation from the Missouri Power & Light Company
Company. 11about a light on Swifts Highway, across from Helias High School, iI
;1,whi.ch appears to be located in a driveway, which the owner wants li
;,moved. As yet, nothing has been heard from them. Also, a street
; light , which was located in the alley behind the old Westlake's f,
;! Store, in the Goergia Street area, has been removed and residents
;.are quite concerned.
I Mayor Hyder said that he would write a letter to the Power and !;
' Light Company in regard to the above matters.
- ;f
; Bill No. 25 , introduced by Councilmen Gordon and Itartsfield, i
' entitled:
� "An Ordinance of the City of Jefferson, Missouri , authorizing and
'i directi.ng the Mayor and Clerk of they City to execute an agreement
tiwith the Missouri State Highway Commission for the reconstruction i
iof Route No . 179. "
Bill 25 .!i Read first and second time by title and on motion of Councilor '
Agreement; Robinson, the rules were suspended and the Bill was read the third
Mo. Stateltime by title and placed on final passage and was passed by the H
Highway ; following vote as Ordinance No, 91`27:
Comm. ' Councilmen voting Aye: Borgmeyer, Brant , Gordon, Hager, McDowell,
Route 179.1 Rackers , Robinson, Whitecotton and
Wildhaber.
; Councilmen voting Nay: None,
�ICouncilmen absent: - - -
Hartsfield, absent with leave, s,
Bill 9. jBill No. 9, introduced by Councilmen McDowell , Borgmeyer and
Amending Hartsfield, entitled:
Zoning I "An Ordinance of the City of Jefferson, Missouri, changing,
Map. amending and modifying the zoning neap of the City of Jefferson, by 11
Ordinance 8508, by rezoning property located at part of
, Lot #11 of Swifts and Thompson Subdivision, which is 1115 Southwestij
Boulevard, from RS-2 (single family) to RA (multiple dwelling) ."
Bill No. 9 was read the third time by title and placed on (�
! final passage and was passed by the following vote as Ordinance 0
No. 9128:
Councilmen voting Aye: Borgmeyer, Brant , Hager, McDowell, Rackers , !i
Robinson, Whitecotton and Wildhaber. II
Councilmen voting Nay: None. !i
Councilmen absent: Hartsfield, absent with leave.
i Councilman present but not voting: Gordon,
- - - - - - - - - -
( Bill No. 10, introduced by Councilmen McDowell and Borgmeyer, }
entitled:
"An Ordinance of the City of Jefferson, Missouri, changing,
Ijamending and modifying the zoning map of the City of Jefferson, by
; amending Ordinance .8508, by rezoning property located on the west
aside of Southridge Drive at the extreme north end behind the
► Phillips 66 Service Station, in the City of Jefferson, from RS-2
11 (single family) to C-2 (general commercial) ." ;(
360.
-Regular Council Meeting, June__19,.__19.T8,._
Bill No. 10 was read the third time by title and placed on final ; Bill 10.
1�
passalte and was passed by the following vote as Ordinance No. 9129: Amending
., Councilmen voting Aye: Borgmeyer, Brant , Gordon, Hager, McDowell , ' Zoning
Rackers , Robinson, Whitecotton and ; Map.
Wildhaber,
,, Councilmen voting Nay: None
' Councilmen absent : Hartsfield_ with leave .
- - - - - - - - - -
Bill No. 11 , introduced by Councilmen Borgmeyer and McDowell, :Bill 11.
entitled: dContract
"An Ordinance of the City of Jefferson, Missouri , authorizing the Scheperle
1Mayyor and Clerk of the City to execute a contract with Roy A.if 11Sceperle Const Co. , Inc. , Jefferson City, Missouri . ;Company.
Bill No. li was read the third time by title and placed on
' final passage and was passed by the following vote as Ordinance
No. 9130:
JCouncilmen voting Aye: Borgmeyer, Brant , Gordon, Hager, McDowell ,
Rackers , Robinson, Whitecotton and
rj Wildhaber.
,, Councilmen voting Nay: None
;' Councilmen absent: Hartsfield, absent with leave.
- - - - - - - - -
-
; Bill No. 14, introduced by Councilmen Hager and Whitecotton, ijBill 14.
lentitled: ;!Amending
1 "An Ordinance of the City of Jefferson, Missouri, amending the Code'! Parking
fl1of the City of Jefferson, by prohibiting parking in the east-west Code.
alley in the 700 block between East High and East McCarty Streets . ":,Ii
i,
Bill No. 14 was read the third time by title and placed on
ii final passage and was passed by the following vote as Ordinance
No. 9131:
lCouncilmen voting Aye: Borgmeyer, Brant , Gordon, Hager, McDowell ,
Rackers , Robinson, Whitecotton and
Wildhaber.
lCouncilmen voting Nay: None
,lCouncilmen absent : Hartsfield, absent with leave.
- - - - - - - - - -
11Bill No. 15, introduced by Councilmen Hager and Whitecotton ,
j
entitled:
"An Ordinance of the City of Jefferson, Missouri , amending the Code;,
iof the City of Jefferson, by relieving the Street Commissioner of 1;
'! the responsibility for the regulation, maintenance and operation of,!Bill 15.
! parkin meters ." '.Amnding
tI Bill e
ll No. 15 was read the third time by title and placed on Parking
final "Code.
lgassage and was passed by the following vote an Ordinance
No. 9 2:
iCouncilmen voting Aye: Borgmeyer, Brant ,, Gordon, Hager, McDowell ,
Rackers, Robinson, Whitecotton and
Wildhaber.
Councilmen voting Nay: None
Councilmen absent: Hartsfield, absent with leave.
- - - - - - - - - -
, Bill No. 16, introduced by Councilmen Hager and Whitecotton, 16,
! entitled: 'Amending"An Ordinance of the City of Jefferson, Missouri, amending the Code, Parking
; of the City of Jefferson, by prohibiting parking on the west half Code.
o Carter Street at Swifts Highway, for a distance of 65 feet ."
Bill No. 16 was read the third time by title and placed on
11final passage and was passed by the following vote as Ordinance ii
No. 9133:
, Councilmen voting Aye: Borgmeyer, Brant, Gordon, Hager McDowell,
Rackers, Robinson, Whitecotton
Wildhaber. and.
ilCouncilmen voting Nay: None
, Councilmen absent: Hartsfield, absent with leave.
- - - - - - - - - -
Bill No. 17, introduced by Councilmen Hager and Whitecotton,, !Bill 17.
entitled: !!Amending
"An Ordinance of the City of Jefferson, Missouri, amending the Code!! Parking
of the City of Jefferson, by prohibiting parking on the east half Code.
lof Monroe Street, between Woodlawn Avenue andRussell Street , and
! allowing parking on the west half thereof."
Bill No. 17 was read the third time by title and placed on
final passage and was passed by the following vote as Ordinance !I
No. 9134:
361.
Regular Council
Councilmen voting Aye: Borgmeyer, Brant , Gordon, Hager, McDowell ,
Rackers , Robinson, Whitecotton and
Wildhaber.
ilCouncilmen voting Nay: None
pouncilmen absent: Hartsfield, absent with leave.
- - - - - - - - - -
ilBill No. 18, introduced by Councilmen Hager andWhitecotton,
ientitled:
lII'An Ordinance of the City of Jefferson, Missouri, amending the Codel
of the City of Jefferson, by establishing two hour parking on the
11north side of the 900 block of East High Street."
Bill 18. Bill No. 18 was read the third time by title and placed on 11
Amending final passage and ,was passed by the following vote as Ordinance
Parking INo. 9135:
Code. ( Councilmen voting Aye: Borgmeyer, Brant, Gordon, Hager, McDowell,
Robinson, Rackers , Whitecotton and
Wildhaber.
;+Councilmen voting Nay: None
,; Councilmen absent : Hartsfield, absent with leave.
- - - - - - - - - -
Bill 19. JBill No. 19, introduced by Councilmen Hager and Whitecotton,
Amending ; entitled:
Parking i "An Ordinance of the City of Jefferson, Missouri, amending the Codel
Code. ' of the City of Jefferson, by establishing two hour parking on West II
! McCarty Street at Bolivar Street."
Bill No. 19 was read the third time by title and placed an
final passage and was passed by the following vote as Ordinance
; No. 9136:
; Councilmen voting Aye: Borgmeyer, Brant, Gordon, Hager, McDowell,
Rackers, Robinson, Whitecotton and
Wildhaber.
�ICouncilmen voting Nay: None
lCouncilmen absent: Hartsfield, absent with leave.
I - - - - - - - - - -
IlBill No. 20, introduced by Councilmen Hager and Whitecotton,
iientitled:
!!, "An Ordinance of the City of Jefferson, Missouri, amending the Codel
of the City of Jefferson, by prohibiting parking on the west half
of Lafayette Street at Dunklin Street , south for a period of
170 feet."
Bill 20.1. Bill No. 20 wao read the third time by title and placed on
Amending final passage and was passed by the following vote as Ordinance
Parking IINo. 9137:
Code. ;; Councilmen voting Aye: Borgmeyer, Brant , Gordon, Hager, McDowell,
Rackers , Robinson, Whitecotton and
Wildhaber.
ICouncilmen voting Nay: None
Councilmen absent: Hartsfield, absent with leave.
- - - - - - - - - -
Bill 21 . Bill No. 21, introduced by Councilmen Hager and Whitecotton,
Amending entitled:
Parking "An Ordinance of the City of Jefferson, Missouri, amending the Codel
Code. of the City of Jefferson, by prohibiting parking on the south half
of High Street at Ash Street , west for a period of 65 feet."
Bill No. 21 was read the third time by title and placed on
final passage and was passed by the following vote as Ordinance
No. 9138:
Councilmen voting Aye: Borgmeyer, Brant , Gordon, Hager, McDowell,
Rackers, Robinson, Whitecotton and
Wildhaber.
Councilmen voting Nay: None
Councilman absent: Hartsfield, absent with leave.
Bill 22 .ilBill No. 22, introduced by-Councilmen Hager and Whitecotton,
Amending entitled:
I
Parking "An Ordinance of the City of Jefferson, Missouri, amending the Code
Code. of the City of Jefferson, by regulating the speed on Country Club
iDrive, between South Ten Mile Drive and North Ten Mile Drive, at
j
thirty miles per hour."
Bill No. 22 was read the third time by title and placed on
final passage and was passed by the following vote as Ordinance
No. 9139:
Councilmen voting Aye: Borgmeyer, Brant, Gordon, Hager, McDowell,
Rackers, Robinson, Whitecotton and Wildhaber!
ICouncilmen voting Nay: None
i,lCouncilmen absent: r Hartsfield, absent with leave.
3621
.._ ._. .._�_�.__._�__....,.A.�$,u].ar..�.Q.lln,ri7...�s.@ tis�.,......�.uAe..._1.�.,._...1.�7.8.._...�......_.....�..._.
A request was received from J, P. Healey, System Manager 9 T.C.I. T.CI.
Cablevision, Inc. , for the Council to take up the issue of the Cabie-
approval of the sale of the Cable T V System to TeleCommunications, :; vision,
lInc. il i Inc.
The City Clerk was advised to inform them of' the change of
meeting dates.
- - - - - - - - - -
Councilman Gordon referred a petition from residents of Twin Hills �arking and
Road, requesting that both blocks of their street be posted to fTraffic
control speeding, to the Parking and Traffic Commission. Commission.
.n — - — - — - - - -
Councilman Brant requested that the Parking and Traffic Commission arking and
survey the parking problem on Adams Street, at the intersection of raffic
Woodlawn, and make a recommendation. Commission.
- - - - - - - - - -
Councilman Hager moved that the Council adjourn, under the rules .
Motion passed. adjournment,