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HomeMy Public PortalAbout19780306 E 2790' Regular-Council Meeting, March 6, ........... ]Mayor Hyder presided. : Prayer was offered by Mayor Yyder. jlCouncilmen present: Borgmeyer, Brant, Gordon, Hager, Hartsfieldf I! McDowell , Rackers , Robinson, Whitecotton and p. Wildhaber. , Councilmen absent: None. A quorum was declared present . A�proval '!The minutes of the meeting of February 20th were approved as of M nutes . "received. - - - - - - - - - - , A Public Hearing was held on the request of the Capital City Telephone Company to construct a microwave tower at the east end of , Public !!their exchange building located at 3621 Country Club Drive, Hearing. !] Mr. Melton, representing the Capital City Telephone Company, ;iappeared before the Council to ex lain the purpose and intent of ,,the construction of the tower. They are requesting permission to ;tower erect a microwave tower at the location of their 893 office. The will be utilized to house two antennas and to establish a 1load 11-GHz radio from the downtown office to the west office. IlThis tower will carry local telephone traffic between the 893 liexchange and other Jefferson City area exchanges. It will also carry long distance traffic between Greater Jefferson City and California, Missouri. This tower will be a 1201 self-supporting structure and every effort will be made to construct a tower which is asthetically acceptable. Microwave was selected over cable , facilities for two reasons - (1) cost , and (2) reliability. , facilities Prenger, attorney representing General Growth, appeared in !opposition to the construction of the tower. The proposed tower 'will be located directly in front of their main tenant - Sears . IThey have displayed strong displeasure of having the tower located , at the proposed site, as has General Growth, and another tenant who ilia building and entered into a lease, There is a utility corridor iiprovided by the State Highway Commission for relocation of utilitiesl land it was his impression that the corridor would be used for this ; type of construction. It would be beneficial to the City for the itower to be constructed at another location. He requested that the ;,Council require the Telephone Company to use a cable or move tower. , Mike Riley, attorney for Mr. Coldamnier, said that his client , would like to see that intersection stay as clean as possible. Corliss Jones , 3434 Hobbs Lane, representing the Westside ! Residential Association, appeared in opposition. He said that he was concerned with the environment in the arcaof the Shopging Center., IlHe had a briefing with Mr. 11artsfield and Mr. Melton in which they ; explained the construction and increased service by installing the 11tower. No one in the area is in favor of the construction of the . tower at this location. He suggested that the tower be moved to ] though the west in a more remote area . It would be an efficient unit eveN 1 it would increase the down time. Bill Quigg, attorney for Central Trust Bank, appeared in ,lopposition, since they are planning to construct a drive-in Motor ,' Bank at the new Shopping Center, and requested that the tower be ' placed at another location. Councilman Wildhaber moved that the Company look into another 1, location for the tower and report back to the Council . Motion ! passed. Opening; The following bids were ;e;eived for microfilming documents at the of iCity Hall: Bids .! Precision Micro-Film Company, St. Louis , Missouri $ 2,867.00 lElectronic Business Equipment ,Inc. , Jefferson City, Mo. 3,525.00 Total cost is an estimate. Actual costs will be .075 times number of pages . Councilman Hager moved that the low bid of Precision Micro- IFilm Company be accepted_ passed. - - - - - - - - - - if �i � 280A Regular Council Meeting, March 6, 1978. The fallowing bids were received for furnishing aerial photography 3� and photogrammetric services for the City of Jefferson: !� M. J. Harden Associates , Inc. , Kansas City, Missouri. Item No. 1 $ 1,720.00 - 9 shots-$460.00 each additional ii mosaic Item No. 2 2,800.00 - $800.00 each additional mosaic Item No, 3 2,050.00 - 14 shots Item No. 4 6 ,000.00 - 15 shots Proposal A to include Item 1 and Item 3 $ 3,600.00 Proposal B to include Item 1 and Item 4 79500.00 !� Proposal C to include Item 2 and Item 3 4,800.00 ►: Proposal D to include Item 2 and Item 4 8,800.00 Future orders costs would be as follows : Contract prints ordered within three years of date of contractti Lots of 1 $ 5.00 Lots of 2 - 4 4.00 ;'Opening Lots of 5 - 14 3.00 of Lots of 15 - 50 2.50 {;Bids . Lots of 51 and over 2.00 Photographic positive enlargement on film for any portion of the total photographed area ordered within three years of date of contract . Price per sheet 42 x42" 1 to 10 $ 75.00 Price per sheet �42 x42 ' over 10 60.00 i Topographic Mapping for any portion of total project area ordered ! within three years of date of contract . The City will furnish the required vertical and horizontal control . �! Minimum charge per acre $ 4.00 Maximum charge per acre 12.00 Surdex Corporation, Chesterfield, Missouri: Item No. 1 $ 2,300.00 - 8 contacts 2 copies of 1 mosaic !� $ 850.00 if at same time as original delivery, $1,100.00 if ordered at a later date. ly Item No. 2 $ 51100.00 - $2,200.00 additional for each mosaic, if ordered at same time as original. delivery - $2,500.00 if ordered at a later date. Item No. 3 $ 2,000.00 - 44 contacts and 22 enlargements . {, Item No. 4 13 ,500.00 - 44 contacts 22 ortho imagesheetsili Proposal A to include Item 1 and Item 3 $ 41,000.00 it Proposal B to include Item l and Item 4 15 ,500.00 Proposal C to include Item 2 and Item 3 7 ,100.00 Proposal D to include Item 2 and Item 4 18, 300.00 li Future order costs would be as follows : ii Contract prints ordered within three years of the date of contract: Lots of 1 $ 11 .00 ' Lots of 2 - 4 7.00 !� Lots of 5 - 14 5.00 Lots of 15 - 50 3.00 Lots of 51 and over 1,00 Photographic positive enlargement on film for any portion of they total photographed area ordered within three years of the date of contract. Price per sheet 42 x42 1 to 10 $ 33.00 Price per sheet �42"x42"� over 10 33.00 Topographic mapping for any portion of total project area ordered within three years of the date of contract . The City will furnish I the required vertical and horizontal control. Minimum charge per acre $ 7.00 for undeveloped areas Maximum charge per acre 12.50 for developed areas The bids were referred to the Director of Public Works for ! recommendations . After studying the bids , the Director of Public Works � recommended that the Council accept the proposal "D" of M.J.Harden 9I Associates, for the total of $8,800,00. 1 Councilman Borgmeyer moved that the recommendation of the i! Director of Public Works be approved. Motion passed. - - - - - - - - - - i 281, Regular Council Meeting, March 6, 1978. The following bids were received for Euthanasia equipment for the �jHealth Department; # Euthanair Company, Whittier, California ! Three phase pumping unit $ 4,695.00 delivered it �I Single phase unit 275 .00 additional Unit for puppies - 795.00 additional I! Anconco, Kansas City, Missouri I Shor-Line Nitrogen Euthanasia Unit $ 4,100.00 FOB Kansas opening Cit y,Mo, p of � 666 lobs to Jefferson City 44.89 Bids;{ �. ;Councilman Borgmeyer moved that the City purchase the high Boy ;,altitude unit , with the puppy attachment . Motion passed, Scouts :'Scouts from Troop 111 were introduced to the Council . ! - 'i - iMayor Hyder submitted the name Vern Duncan as a member of the �! AppointmentlPlumbing Board, for approval of the Council. I' Plumbing Councilman Wildhaber moved that the appointment be approved. Board . :Motion passed. _ t; CrosswalkjA request for the City to build a shelter for Crosswalk Guards was '( Guards , ; received from Special Education Primary Class , St . Peter's School, - - - - - - - - - - AppointmentAn application for employment at the Central Maintenance Garage Central was received from Hubert Rushing, a former employee. Garage, :, Councilman Borgmeyer moved that the appointment be approved. Motion passed , i _ _ _ i! ParkingiA request for "No Parking" signs to be posted in the alley of the I( and '; 700 block of East High Street and East McCarty Street was received Traffici! from Dr. Robert H. Fuchs. it Commissioni The request was referred to the Parking and Traffic Commission NPlanning(pThe Final Plat of Southwest Subdivision was submitted to the & Zonini; Council. ommission'! The Plat was referred to the Planning and Zoning Commission. 1A request to rezone Lots-l4 and• 15yin Block 4 , Washington Park Plannin&; Addition, from RD to C-2 District, was received from Donald L. i & Zoning+ Jones, J . 0, Meyer and Joseph A. Schroer. Commission; The request was referred to the Planning and Zoning Commission, '( - - - - - - - Planning!( A request to rezone property located on the west side of Southridge ? & Zoning Drive, at the extreme north end behind Phillips "66" Service Commissior'iStation, from RS-3 to C-2 District, was received from it Gilbert N. Bultmann. �{ The request was referred to the Planningand Zoning Commission.11 - - Planning� A request to rezone property located east of Nelson Drive and south, & Zonino of the Rex Whitton Expressway, from RS-2 (single family) to Commission S (special development) , was received from Fred Rost, Jr, , Seth l� Evans and Frank Twehous , The request was referred to the Planning aid Zoning Commission., Appointment! The name of Mary Ann McGrail-was-submitted for appointment to the Collector a office of the City Collector, at a salary of $595,00 pper month, Office. 1 Councilman Borgmeyer moved that the appointment be approved. Motion passed. ! - - - - - - - - - - T V jIA request regarding the possibility of acquiring educational and i Committe Ipublic access on the local cable television system was received from Sister Miriam Victor, Supt, of Schools - Diocese of Jefferson ,, City; Doris J. Athy, Director, Thomas Jefferson Library System; 'l Hal Gardner; James B. Anderson, Jefferson City Public Schools ; ;' Thomas D. Pawley, Lincoln University; and Mark D. Saucier, Office !, 1of Communications , Diocese of Jefferson City. I {j Councilman Wildhaber moved that the request be referred to th �l i! T V Committee, to be acted on at the next meeting. Motion passed.�� Councilman Wildhaber requested that the Mayor appoint a Citizen Committee to study the matter. 6 - - - - - - - - - - �( I� �i 282. Council Meeting_, March 6: ....... Councilman Gordon, Chairman of the Street Committee, present4id the following report: The Street Committee met March 2, 1978, 7:30 p.m. , in the City is Council Chambers , with the following members present: Chairman Gordon, Members Borgmeyer, Hager and Robinson. Councilman Brant had an excused absence. Also present were representatives of the accounting firm of Williams, Keepers, Oliver, Payne and Rackers , along with their architect Forrest Capps and Ron Prenger. Director of Public Works Mike Bates , Street Commissioner Larry Bates , Director of Planning and Code Enforcement Tom Benton, Councilmen i: Hartsfield, Wildhaber and Rackers were also present. The order of business was as follows : 1) Louis Rackers appeared before the Committee to request a 10 foot conditional use of right-of-way along State Street , at the intersection of Adams and State. The 10 foot of right-of-way would ; be used as parking. After considerable discussion, Councilman i Street Borgmeyer made the motion that he take a proposal to the Parking :!Committee Authority whereby the City would purchase the Housing Authority )Report. property at the opposite corner of the intersection to make parking ,1 available as per the code enforcement requirements . The motion carried with Councilman Borgmeyer to report back to the Committee at its next meeting. I 2) Ron Prenger appeared before the Committee to present a request from General Growth development that the City accept that portion of Country Club Drive, which was recently reconstructed as a part of the Mall development, into the City street system. After considerable discussion a sub-committee of Councilman Rackers , Street Commissioner Bates , County Public Works Director Thomas , Ron Prenger and Director of Public Works Bateswas appointed to reviewl the methods of construction and report back to the Committee at its next meeting. Councilman Gordon pointed out that the Resolution which the Council passed as part of the rezoning when the General Growth properties were taken into the City ade mention of several items , particularly a traffic circle which to this time has not received consideration. The same sub-committee above to include Planning Director Benton was to review the proposed traffic circle and meet with State Highway Department officials in an effort to coordinate future plans for Country Club Drive. 3) A petition presented by Maywood Drive residents requesting the $5 .00 curb and gutter program was denied, and construction of the I street was referred back to the developers and existing property owners . 4) Tom Benton, Planning Director, requested authorization to sendil two (2) people to the Housing Inspection Workshop, sponsored by they University of Missouri. The request was approved with the antici- 9 ated cost not to exceed $250.00. Money is in the current budget , ) The responsibility of snow removal from sidewalks in the City was discussed, with a review of the existing ordinance pertaining to such. A motion was made and approved to refer the matter to the City Attorney for a recommendation as to possible revisions to improve enforcement of the ordinance. 6) Councilman Hartsfield appeared before the Committee to request a review of the City's policy of leasing right-of-way for the use of billboards . It was pointed out the Environmental Quality Committee has gone on record as being opposed to this 'policy and it was recommended the Street Committee receive a copy of existing agreements for review at the next meeting. 7) Public Works Director Bates requested $200 for Street Department and Engineering Personnel to attend a spring APWA Conference. Request was approved with the expenditure not to exceed $200. Money is in the current budget. 8) Director of Public Works Bates requested the Committee's review of a proposal to purchase the property at the southeast corner of Chestnut and East Miller Streets . The existing building on the property is in bad repair and has been a source of continual !, problems. It is located directly across from the Street Department ( office. A motion was made and approved to have two (2) appraisals made of the property and presented to the Street Committee at its next meeting for further action. 9) Councilman Wildhaber and Councilman Hartsfield appeared before the Committee to request a review of Dix Road - West Main inter- section, and the Clark Avenue - East McCarty intersection, and traffic problems in adjacent areas . Councilman Wildhaber pointed 283. Regular Council Meeting, March 6, 1978. Viand out that a lack of north-south connectors between Industrial Driv West Main Street should be reviewed in an effort to improve t , problems at the Dix Road - West Main intersection. After consider- 1,+ ! able discussion the Department of Public Works was directed to :; review the situation and return with a proposal for possible futurel( ; plans for the connectors . The Public Works Director also indicatedj,i ,, that the field work and traffic counts for the study of Dix Road ;;West Main intersection had been completed and would be forwarded toll the City's traffic engineering consultant for their review and recommendations . The Committee also requested Public Works proceed; with work of a similar nature at the Clark Avenue - East McCarty , intersection to allow for improvements during the coming ! construction season. Councilman Borgmeyer indicated that he agreed with the need 1, for the above street work but pointed out that the Stadium West 11'Extension was long overdue and the property owners were becoming Street Jncreasingly impatient as to what plans were being made by the City4'!, Committee;'Public Works Director Bates indicated that within 30 days an Report. alignment would be established across the Clarkston and Jordan ,,properties and that he would report back to the Committee at its 1�next meeting. 1110) Director of Public Works Bates requested authorization to 11purchase two (2) aluminum toppers for the utility pickups for the Inspectors . The Street Committee authorized the Public Works Director to receive at least two (2) bids for action by the Street i Committee at its next meeting. 111) Planning Director Tom Benton informed the Committee the aerial ! 1photography bids taken at the February 21 , 1978, meeting were found ! ',to have technical errors and bidders were requested to re-submit , proposals at the March 6, 1978 Council Meeting. Respectfully submitted, Isl Darrel Gordon, Chairman. Councilman Gordon moved that the report be filed. Motion passed. ±f - - - - - - - - - - ilCouncilman Wildhaber, Chairman of the Finance Committee, presented lithe following report: IThe Finance Committee met at 7: 30 P.M. , Tuesday, February 28th J978. Meeting was called to discuss the Merit Increases for City i employees which were recommended by the Personnel Committee, having 1power to act, made the following recommendations . Committee approved the recommendations of the Personnel Committee, with the following changes: In Street Department: The merit increase for Drexel Dameron, Robert Steinmetz, Ed Schulte and Vernon Walther, would be ichanged from .08 per hour to .10 per hour. The merit increase for l Bondurant and Bob Dippold, Jr. , changed from .24 per hour to •,. 25 per hour. Also add two merit increases to the Fire Department, Finance 44,Captain Warren Rush and Captain John Gordon, $207.00 each. Committee , In other business before the Committee the following Report . recommendations were made: A request by Fire Chief to send 3 men to Warrensburg for a II ;six day school at a cost of $265.00 total . Request approved, Committee recommended that the Parking Authority advertise ifor bids for three-wheel Cushman. Recommended that a supplementary appropriation of $4,791.60 in Parking Authority Budget Category X2 be granted. A request from Police Chief for supplementary appropriation o $25,457.39 for the purchase of new automobiles was approved. A request from Director of Public Works to continue projectal {that were approved in prior budgets be continued. The request was approved as submitted by letter and appropriations to be made at th ,time of completion of each project . City Auto Stickers were discussed and Councilman Hartsfield recommended that a method be adopted that would make it more convenient for people to obtain the stickers . He also made a motion Ithat the Chairman appoint a sub-committee of the Finance Committee 1! to look into the City Sticker problem, and also to study and review ' all City Licenses , fees and utility taxes . Motion passed. Councilman Whitecotton discussed a proposal to unify the 1copy machine and announced that a meeting will be held this week ,)to hear the proposal. il Councilman Whitecotton made a motion that from now on the 0 Accounts , Claims and Personnel Committee hear merit increases and ;;that Councilmen that have an interest in the request made should r 284. Regular Council Meeting, March 6, 1978. a pear at those meetings . After a discussion that all Councilmen should receive a copy of the request made - The Motion Passed. ���+ Chairman appointed the following Councilmen to Special i1Committee to consider City Licenses and Fees : I Chairman Whitecotton - Members Hartsfield, Rackers , McDowell and Borgmeyer. Chairman retains the right to participate in ! meetings , I move that the report be approved. /s/ Ken V. Wildhaber, Chairman. Councilman Wildhaber moved that the report be adopted. Motion passed unanimously. - Councilman Whitecotton, Chairman of the Police Committee, presented ;! the following report: i� The Police Committee met at Police Headquarters at 5 P.M. , Thursday,1' February 23, 1978, with all members present with the exception of lPolice IMiss McDowell having another commitment . Also present were Mayor :'Committee Hyder, Chief Patton, Mr. Benton, Mr. Jablonski, Mr. Brzuchalski, ;Report. and the news media represented by Jane Stauffer and Robert Watson. Mr. Jablonski informed the Committee that he could proceed no further on the Police Building plans without the specifications for the E.O.C. Emergency Operations Center. The Chairman was authorized to contact Col. Beaty, State Coordinator Emergency Preparedness Civil Defense for assistance on !; the specifications and other matters relating to the building. j Mr. Jablonski presented a sample of a sort of texturized Ij anodized aluminum over plywood which he recommended for the fascia l system. He also stated that his Consulting Engineer had recommend an electric combination heating-cooling system. The general discussion that followed developed no opposition to these suggestions and recommendations although no formal motion for approve or rejection was made. The Committee approved the following applications for Taxi-cab '; operators permit. James W. Rucker, Jr. , 918 McCarty; William R. Read, 436 Hamlin; Steven C. Gilpin, Cedar City, and Louis H. Berner;; Holts Summit, Mo. There being no further business the Committee adjourned . r Respectfully submitted, /s/ Thomas E. Whitecotton, I Chairman. �t On Monday, February 27th, the Committee Chairman, accompanied by f Col. Patton and Corporal Carson, contacted Col . Beaty at his officefl where a telephone call was made to the Civil Defense Regional ,) Office at Denver, Colorado, resulting in an understanding that a I representative from that office would be in Jefferson City on March 9th or 10th to discuss matters relating to the Police Building We were later informed that the Denver Representative would be in Jefferson City on March 9th and would be available for the discussion at 2:30 P.M. , on that date. The Mayor and Mr. Borgmeyer were so informed and Mr. Borgmeyeri has as you now know, called a meeting of the Committee of the Who a for 7:30 P.M. that date. Subsequent to a letter from Mr. Jablonski the Chairman polled the Committee by phone and on motions by Wildhaber, seconded by Brant, the heating-cooling system was approved unanimously and the anodized aluminum over plywood fascia system was approved by a vote of 4 for and 1 against. Councilman Whitecotton moved that the report be filed. Motion �T passed. Councilman Wildhaber stated that there is a-problem regarding the )Budget - Parking Garage Budget, since the contract with Roger Verslues arking regwires expenditures which have not been included in this year's ?` arage. budget. He requested Council permission for Mr. Hartley, Super- visor, to meet with the Finance Committee to talk about the Contract and expected expenditures, so the necessary budget can be prepared. - - - - - - - - - - '1 f 285. -Regular-Council Meeting, March 6... 11-9178..--,. --........ ..... --... JThe minutes of the February 28th meeting of the Airport Commission j,'ere presented to the Council : :'The meeting of the Airport Commission was held at 12: 30 p.m. , !,Tuesday, February 28, 1978, in the conference room in the Jefferson :1 N i ,;City Memorial Airport . Members present were: Chairman Hendren, :Ochsner, Miller, Borgmeyer, Rackers, Hartsfield and Bates . Also !present were: J. Stauffer, News Tribune; Bill Ward, Jefferson City ;; ',;Flying Service; John Drainer, Tower Chief; John Randolph, Airport 1 , 1 ;!Consultant; and Erle Taylor, Airport Manager. The minutes of the January 24, 1978, meeting were presented. : Being no objections or corrections , Dr. Miller made a motion to approve the minutes . Motion was seconded by Mr. Hartsfield and ;unanimously adopted. The financial report for February, 1978, was presented. After ,! Minutes-';discussion Mr. Rackers made a motion to accept the report. Motion Airport 'was seconded by Dr. Miller and unanimously adopted. Commission!; Mr. Bill Ward of Jefferson City Flying Service made a " Presentation to the Board, requesting the lease of property north 11 :,, of their resent hangar for office space. The Commission minutes ., of March �2, 1977, gave the right of first refusal of this area to "Mr. Asel. Also that whoever rents the area must present plans 'within 90 days to the Airport Commission for approval. After . approval by the Commission, the lease will be drawn for the dproperty involved, with the starting day of the lease to be no morel' !; than 30 days beyond the approval of the Commission. The Chairman ;! also instructed Mr. Taylor to notify Mr. Asel and requested his ; decision by March i5, 1978 . 11 Mr. Randolph reported that the Rost Property Deed was in hand :land also reported that the deed for the Lincoln Property was in the 0 ffice of the Attorney General for an opinion of whether the ; University can deed property to the City without first obtaining I) the approval of the State Legislature. ff 0 Mr. Taylor reported on the preapplication of the runway :! extension and noted that the application depended on having both ii , the Rost Deed and the Lincoln Deed and having them properly 11transferred with the complete record of the transaction for the FAA Mr. Taylor reported on his trip to Washington, D.C. Mr. Taylor distributed a letter from Gary Powell , from Yellow il IlCab Company, that had been written to Mr. Whitecotton, Chairman of the Police Board, offering to relinquish the exclusive right to operate the cab to the Airport . After discussion, the Chairman instructed Mr. Taylor to meet with Mr. Whitecotton to discuss the i amending of the Ordinance to make it in exclusive. Ii Richard Tremain reported to the Board that his garbage " disposal and dishwasher were under design and partially inoperated I The dishwasher was designed for restaurant use of 35 people and & ,; I replacement cost would be $4,494.00 Repair for the garbage disposal unit would be $300 for parts and $100 for labor. Mr. Borgmeyer suggested that it was time to sell all the City !! owned equipment in the restaurant and put the equipment out for i1bids. The Chairman instructed Mr. Taylor to attempt to get an appraisal on all the City inventory equipment in the restaurant Ilarea and refer it to the Building and Grounds Committee. There was discussion about Mr. James Clough reaching his six month probation period and the 10 per cent increase in his salary. After discussion it was a consensus of the Board that salary J increases should comply with the new City Ordinance. Mr. Taylor also said that Wayne Wansing was terminated on February 28, 1978, as he had not met the necessary requirements for tower employment. There being no further business , the meeting was adjourned. iI Respectfully submitted, Isl Erle A. Taylor, Assistant Secretary. Councilman Borgmeyer moved that the report be filed. Motion passed. 1The Minutes of the February 28th meeting of the Board of Adjustment' Iwere presented to the Council: .!The Board of Adjustment held a special meeting on February 28, 1978 ; 11 Vat 9:00 a.m. , in the Council Chambers of the City Hall building, , 240 East High Street, to rule on the request from Mr. George S. ilMitchell, for a conditional use permit to construct a 120 bed Nursing Home. The members present were Chairman Harold Holliday, 286. Regular Council Mentin Members Busch, Houser and Morris . Mr. Tim Frevert was unable to attend this meeting. Also attending was Thomas H. Benton, Director of Planning, Kevin Roods , Planner, and Carletta Wilbers , Secretary. There were twenty-seven (27) interested persons in the gallery. Mr. Holliway called upon each of the Board Members for questions . Mr. Morris, Mr. Busch and Mr. Houser all stated they had no questions, Mr. Holliway then said he wished to ask Mr. Ernest Englebrecht if in his opinion, the construction of the Nursing Home at this location would detract from the property values in this area. After being sworn in, Mr. Englebracht discussed past difficulties in securing right-of-way in this area and stated he would not provide the necessary easement for this property if the request was approved. After the above testimony, Mr. Holliway requested Mr. Benton Minutes to read a letter submitted to the Board of Adjustment from Dr. of Thomas R. Brant. In his letter, Dr. Brant again emphasized his (Board Adjustment. opposition to this request and stated he would be willing to sponsor an ordinance which would change the area in which a Nursing Home could be placed. Mr. Holliway informed the gallery that State Statutes would require four (4) affirmative votqs to approve this request. He also stated a conditional use must not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, and not substantially diminish or impair property values within the neighborhood. Mr. Holliway then declared the Chair would entertain a Motion. Mr. Morris stated before he made a motion he wished to make a statement for the record, in the event this request would be appealed. Mr. Morris stated the Board had heard discussion from opponents with regard to their objections . The property owners felt the Nursing Home would increase traffic. After review of the plans submitted, Mr. Morris stated he did not feel this was true. Other reasons were that the development company was from out-of-to and the proponents did not approve of the monetary factor with regard to an out-of-town firm. They felt the country atmosphere would be eliminated and density would be a problem. Mr. Morris stated the construction of homes on this site would cause a greater density roblem and also eliminate the country atmosphere. Also, the petitions circulated in the neighborhood stated the area would be rezoned. This is not the case as the zoning ould not change. Mr. Morris then stated that Ordinance No. 8509 does require that the conditional use shall in all other respects conform to the agplicable regulations of the district in which it is located and the Board shall find that there is a "public necessity" for the conditional use. He felt that proponents have not shown there is a "public necessity" for the Nursing Home, or, subsequently the granting of a conditional use permit. Also, in his opinion, the granting of a conditional use permit would inter- fere with the development of a residential area as it is presently proposed. Mr. Morris then moved that the application for the conditional use permit requested by Mr. George S. Mitchell be denied. This , motion was seconded by Mr. Busch. Mr. Housdr wished to make a statement with regard to the lette submitted by Dr. Brant. He stated he hoped Dr. Brant would not sponsor an ordinance which would place Nursing Homes in commercial areas. He did state he felt the five (5) acres required for a Nursing Home is perhaps too small an area and possible in a residential area, ten (10) acres would be more proper to enable a buffer around the Home. Mr. Holliway then requested a vote on the previous motion by Mr. Morris. The members voted as follows : Members voting to deny the request : Holliway, Busch, Houser and Morris Members voting to approve the request: None. There being no further business at this time, the meeting adjourned Respectfully submitted, Isl Thomas H. Benton, Director. Councilman Borgmeyer moved that the Minutes be filed. Motion passed. 287. Regular Council Meeting, March 6, 1978. !Bill No. 142, introduced by Councilman Borgmeyer, entitled: f� !1 "An Ordinance of the City of Jefferson, Missouri.., authorizing and �I directing the Mayor and City Clerk of the City to execute a written! utility agreement and easement for highway construction with the Missouri State Highway Commission." ' Read first and second time by title and on motion of Councilman Borgmeyer, the rules were suspended and the Bill was read the third time by title and placed on final passage and was Bill 142. ., passed by the following vote as Ordinance No. 9103: Utility,! Councilmen voting Aye: Borgmeyer, Brant, Gordon, Hager, i! ,Agreement;: Hartsfield, McDowell, Rackers , Robinson, Highway" Whitecotton and Wildhaber. Commission ! Councilmen voting Nay: None Councilmen absent : None. - Bill 143. `'Bill No. 143, introduced by CouncilmenBorgmeyer, Brant, Gordon, 'j Adopting ',. Hager, Hartsfield, McDowell, Rackers, Robinson, Whitecotton and Codification Wildhaber, entitled: of City "An Ordinance of the City of Jefferson, Missouri, adopting a Ordinances . revision and codification of the ordinances of the City of Jeffer- son, Missouri, entitled "The Code of the City of Jefferson, •Missouri", providing for the repeal of certain ordinances not j , included therein, with certain exceptions , and for other purposes j '; hereinafter set out." Read first and second time by title and ordered distributed , to members of the Council. - - - - - - - - - - Bill 144.'; Bill No. 144, introduced by Councilman Robinson, entitled: Agreement- "An Ordinance of the City of Jefferson, Missouri, authorizing and Chamber directing the Mayor and City Clerk to enter into an Agreement with of the Jefferson City Area Chamber of Commerce, whereby the Jefferson li Commerce.;! City Area Chamber of Commerce will assign to the City of Jefferson ,i certain options held by it for the purchase of certain land in Coleii . County, Missouri, to enable the City to purchase said land to �! :! assure the availability thereof for future industrial developments ; '` = and further authorizing and directing the Mayor and City Clerk to ' execute the proper documents to exercise two of said options and , purchase certain land hereinafter (](!scribed from Adolph E.Walther and Johanna Walther, his wife; and purchase certain land herein- ; after described from A. Adelle Brenner, a single person." Read first and second time by title . Councilman Robinson moved that the mules be suspended and the Bill be placed on final ,; passage. Councilwoman McDowell objected. The Bill was ordered distributed to members of the Council. - - - - - - - - - - i. Bill No. 137 , introduced by Councilmen Wildhaber and Robinson, entitled: "An Ordinance of the City of Jefferson, Missouri, accepting and II Bill 137. ' approving the plat of Timber Hills Subdivision, Section Thee, a Plat of '; Subdivision of the City of Jefferson, Missouri, as hereinafter +� Timber Hills;, described." Subdvsn. !; Bill No. 137 was read the third time by title and placed on !i Sec. 3. 'Ilfinal passage and was passed by the following vote as (� ! Ordinance No. 9104: I IlCouncilmen voting Aye: Borgmeyer, Brant, Gordon, Hager, Hartsfield, McDowell, Rackers , Robinson, Whitecotton and Wildhaber. !! Councilmen voting Nay: None ;' Councilmen absent: None. - - - - - - - - - - it Bill 139.iiBill No. 139, introduced by Councilmen Wildhaber and Robinson, Plat of entitled: Landwehr ! "An Ordinance of the City of Jefferson, Missouri, accepting and Hills '! approving the plat of Landwehr Hills Subdivision, Section Nine, a Subdvsn. '! Subdivision of the City of Jefferson, Missouri, as hereinafter ;! Sec. 9. described." if Bill No. 139 was read the third time by title and placed on Ifinal passage and was passed by the following vote as Ordinance No. 9105: ! :; Councilmen voting Aye: Borgmeyer, Brant , Gordon, Hager, i! Hartsfield, McDowell, Rackers , Robinson, Whitecotton and Wildhaber. Councilmen voting Nay: None j ; Councilmen absent: None. I - - - - - - - - - - !j it I ' 288. .Regular Council Meeting, March 6 , 1978. Bill No, 140, introduced by Councilmen Hager and Whitecotton, f( entitled: Ir! EMM "An Ordinance of the City of Jefferson, Missouri, changing, jjamending and modifying the Zoning Map of the City of Jefferson, by lamending Ordinance 8508 , by rezoning property located in Callaway liCounty, in the City of Jefferson, from RU (rural) to M-1 (light industrial) ." Bill No. 140 was read the third time by title and placed on iBill 140. final passage and was passed by the following vote as ;!Amending Ordinance No. 9106: ;Zoning Councilmen voting Aye: Borgmeyer, Brant, Gordon, Hager, 'Map. ' Hartsfield, McDowell, Rackers, Robinson, Whitecotton and Wildhaber. Councilmen voting Nay: None Councilmen absent: None. - - - 1j ilThe following Resolution was introduced: + BE IT HEREBY RESOLVED by the City Council, City of Jefferson, !!Resolution- Missouri, that the Missouri Power and Light Company make the ,Street following installations in accordance with recommendations ;Lights. presented to the City Council by the Missouri Power and Light I) Company and adopted by said City Council on March 6, 1978: 1. Install one 6800 lumen, underground type light with metal i. pole at the property line between 2210 and 2214 Brandy Lane. 2. Install one 6800 lumen light on existing pole at the west �(`( property line of 1414 Holiday Lane. tf 3. Install one 6800 lumen light on an existing pole located approximately 25 feet east of the doorway to Phil E. Buster's ,i 200 block Commercial Alley. Adopted: March 6, 1978 /s/ Robert L. Hyder, �? Mayor ( Councilman Wildhaber moved that the Resolution be adopted. Motion {� passed. Mayor Hyder requested that the Missouri. Power and Light Company be informed that the City does not expect installation and ; operation of the lights until the energy crisis is over. A 1 - ! Mayor Hyder brought up the matter of Mr. Philliber, Capital City Water Company, requesting that the Council discuss the question of the franchise tax and whether it would apply to water furnished !� by them to Water District No. 2 . There is a lease in existence j between Capital City Water Company and Water District No. 20 whereby the Capital City Water Company furnishes all water to the District from the Capital City Water Company's System, The Tlstrictii payd the Capital City Water Company for all of the water used by Is their customers , then the Water Company repays them for the water 11Special used plus $2,000.00 per month for rental of three water tanks and }Tax emergency water supply. They have agreed, if franchise tax charge !Committee. is eliminated, Water District No. 2 will permit the City to use they' existing fire hydrants and will install additional hydrants if City�l will pay for the materials . Councilman Hager moved that the matter be referred to the it Special Tax Committee for study and recommendations to the Council. j) Motion passed. The following Report of the City Collector, -for the month of (Collector's February, 1978, was presented to the Council: lReport. see attached Councilman Borgmeyer moved that the report be filed. Motion passed, i3 - - - - - - - - - - II i� �S CASH BALANCE — OTHER. INCOME COLLECTOR'S OFFIC COLLECTIONS I)atc February , 19—�-� REVENUE FUND 111ilifics7lax 213 . 49 Bicycle License 1lnilding Pcllt City Sales Tax $z6 - Qu1JILL— In1i, City 'I'ransit Authority 5 , 226. 16 lJcctrica) ('crtilicatcs 1 , 50. 00 Electrical Exams (electrical Permits 1, 068 .80 11cating Permits License Inspector•Canvassor&Solicitor 30. 00 Plumbing Codc Ordinances Plumbing Licenses 631 . 75 Police i Permits ��656.00 I'uliec Fines•011icr Police Fines Ttaflic ' Refunds& Mi"cell,ntcous 4 ,292 . 88 Rent •City Il,dl Reionifig Reliji s Sale of Maps&Contours -- !473. 00 Sttcel Col% 101 - 596 76 AIItPORT 1;UN1) Ins . Claim 91 . 00 91 . 00 Items& I.andingFccs 2 ,052, 25 2 , 052 . 25 lltililles,I,ax _ 53. 37 53 . 37 Rem, S ar•1 Salaries 4, 291 . 96 ___.. I'ARK FUND t tlilities'1'ax 106. 74 106 . 74 11_111RARY FUND Maintenance State Aid 2 , 324. 39 2 324. 39 24 324. 39 LAGERS FUND Franchise Fee Yearl977-30, 150. 2 Sales Tax 7 481 , 03-- Int . Yield 199. 78 37 ,83l . Q2 3Z .831 . 02 PARKING GARAGE FUND 7 , 188 . 10 7 , 188 . 10 PARKING LOT FUND 1 , 953. 00 Meter Fines Parking Lets 8 ,616. 55 larking Meters ) ,449. UU 16 018 . 55 CAPI'T'AL IMPROVEMENTS FUND (Int. Yield 998 . 9 City Sales'l'ax 38 , 539, 06 38 , 539 . 06 HEAVY EQUIPMENT FUND oy saies'fax 3 , 74Q. 52--Int . Yield 99. 89 3 84Q.41 3 , 840 .41 AMOUNT RECEIVED & BANK DEPOSIT 213 , 935. 21 213 935 . 21 • DISTRIBUTION: Current Tax $ Delinquent Tax S REVENui:RIND License S Interest $ Tax Hook Fees $ 1 2.,. Vehicle Licenses -S 5 Penalties• Vehicle Licenses S Gasoline Tax S 25 ,623. 12 Collector's Fees $ 24. 66 s S S 187 , 776. 55 Current Tax S 4 Delinquent Tax $ 319 - 20 INTEREST FUND Interest S S $ $ 38 ,191.85 Current Tax •Maintenance S 38 059. 74 Current Tux • Building $ Delinquent Tax •Maintenance $ 74. 80 L OHARY FUND Delinquent Tax • Building S Interest •Maintenance $ 13. 27 Interest• Building S S $ S 38, 147 . 81 Current Tax $ 38, 59. 74 Delinquent Tax $ PARK FUND Interest $ 13. 27 $ $ 38147 . 81 Current Tux S PIRFMEN'S Delinquent Tax S 37. 40 PENSION FUND Interest $ 6. 64 $ $ 19:4 3. 91 S $ s s S S TOTAL S 3210337- 93 Less firemen's Pension Fund S 19 . 073. 91 TOTAL S 302 . 264.02 0 v Cullecto REPORT OF CITY COLLECTOR For Month of February 1s 7$ COLLECTIONS: Collector's Fees S 24 66 Current Persunal'raxcs ._._.. 21, 924. 36 Current heal Estate Taxes 225 , 281 . 98 Current Ad Valorem Taxes 182 . 00 Gasoline Tax 25 (,23 . 12 Vehicle Licenses 671 .85 .._. Delinquent Personal Taxes 224. 70 Delinquent Rcal Estate Taxes 298. 90 Delinquent Ad Valorem Taxes Penalties. Delinquent 'faxes ________ _ 92 . 91 Tux Buuk (-rcr, ........_. _.... 2 . 90 Merchanls:old Aianufactmers Licen-ci and Fec.. _ 201 583.00 Cigarette i.lccnscs and Starrgls 16 X131 . 00 50. 00 Pin Bali and Music (lux _ 4.00 Taxi Pelmits Penalties•Vehicle Licenscs 107. 55 Liquor Licenses 10,135 . 00 Tula]Collections Cash Book S 321, 337 . 93-4 289. ar...Council Meeting,q March..6.a_._1978 .__.�_....._..__ Ed Cole, City Treasurer, presented his report for the month of February, 1978, and also presented a report of the investments, Mayor Hyder stated that it has been about a year since the Council has taken bids on investments and he has had inquiries recently from various banks. Treasurer's Councilman Hager moved that the City take bids on long term Report. investments. Motion passed. Councilman Wildhaber requested that the City Attorney check the Lagers, Lagers Retirement system, since he has had complaints from various employees who have resigned and Lagers refuses to refund their money -which had been withheld from their salary. Adjournment Councilman Hager moved that the Council adjourn, under the rules. Motion passed,