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HomeMy Public PortalAbout19770718 126. Meeting ,,--July,.-18., . 1977.­­.­­_ Mayor Hydex presided, ' Prayer was offered by Mayor Hyder. !"Councilmen present: Borgmeyer', Brant, Gordon, Hager McDowell , Backers , Robinson, Whitecotton li and Wildhaber. ilCouncilmen absent: Hartsfield, absent with leave. ii A quorum was declared present . ,11The Minutes of the meeting of July 5th were approved as received. 4 1A Public Hearing was held on the zoning of the newly annexed area: Tom Benton, Director of Planning and Code Enforcement- showed 11slides of the zoning map which the Planning and Zoning Commission it ;approved, and also the zoning map which he had proposed to the Zmmission. Ron Prenger, Attorney for General Growth, presented the latest '' !, annual report of his Company and introduced their officials who weri ! present. He then reviewed the background of the Company- and said I;; they had been looking for property since 1971, they actually became : ' involved in 1973. They went to the Planning and Zoning Commission " ! but were told they had no authority over the property. They met Iublic with County Officials in regard to road relocations submitted ;'Hearing plans to Federal EPA, the grading of the land to the Highway Department. They would not grant a permit until General Growth gave in excess of 7 acres of land to the- Highway Department. In August, 1975, they submitted 'plans 'to the State Environmental , Agency. All of this time they were not under contract with any 1governmental agency until annexation, and not- one control was exerted. This com iex is of quality construction and development . IThey plan to use Nk acres for multiple family dwellings for hous- :! Lng for the elderlT, He requested that the Council approve plan as P i1submitted by the Planning and Zoning Commission, with the exception;; i! 'i ,! of the Ilk acres, which should be changed to RA. Jack Quinn, Architect for General Growth, presented the lease i t iiexhibit of the Mall. Sears has signed lease and another major ( department store is interested but he could not divulge the name at ;', i' thie time. The parking requirements are 5h cars for 1000 square Ifeet . He invited the Council to visit the property. When projec t a !' ,,, are completed, they will hire a full-time shopping center manager, 11promotion director, security and maintenance people. A buffer zone:1 ,' which will be 80 ' at the bottom and 1101 at top will be left in ]! natural state. The light fixtures will be 35 ' in height with a shroud to direct lights downward, with Ih candle power at ground level. The screenin on the east side will be large pines 101to 15" in height, which will be a visual barrier plus sound and light barrier. Bob Crawford questioned if Country Club Drive would be used for a service road. He was told that a traffic survey had been I made and only 1% of traffic would be using Country Club Drive, and no trucks would be at center after they close at 9:00 P.M. Mrs. Corliss Jones, Hobbs Lane, requested that the Council adopt the zoning ap prepared by the Planning Director, which would , give them a 400f buffer zone. Don Riley, 3448 Hobbs Lane, said he would support the mall if they would do what they said they would do, but he would like it in writing, since they have misrepresented. - Maurice Dallmeyer, Hobbs Lane, objected to the apartment complex. Jim Turgin, Hobbs Lane, said that the trees had been chopped down in the proposed buffer zone. His property line is only 100' from the shopping center but had been told that the zone would be 3001 .Corliss Jones , Hobbs Lane, requested that the be reasonable and provide the requested buffer zone, since they they adequate land for parking on the other three sides . He was told if plans are changed now, it would endanger their lease agreements . Alex Bartlett, Attorney for West Side Residential Association,il ilsaid that General Growth was not covered by any contract with EPA, Missouri Environmental Agency, or the Highway Department, and did not think it was too much to ask that buffer zone be left in plans. ( Edgar Eagan, Hobbs Lane, stated that there were two questions 'iinvolved - (1) Question of integrity, and (2) Mutual respect. 127. �_ Regular Council Meeting, July .18,_. 19.77 The following protest was presented: IPROTEST OF PROPERTY OWNERS IState of Missouri I � as . lCounty of Cole Come now the undersigned property owners, pursuant to the II provisions of Section 9.E(2)of the Zoning Ordinance of the City of ,Jefferson, and Section 89.060, RSMo. , and protest action to rezone 11a part of the properties of General Growth Properties, Robert 1,Dallmeyer, Jr. , et al. , which are located to the east of North Ten IlMile Drive near the Highway 50 Expressway in Sections 9 and 4 of ,,Township 44 North, Range 12 West, from RS-1 district to C-1 distri ,as shown upon Exhibit B to the Minutes of May 19, 1977, of the ,!Jefferson City Planning and Zoning Commission. The part of such ,1properties being proposed to be rezoned, which the undersigned findl,: (specifically objectionable, is that part of such properties which II As closer than four hundred feet to a line commencing at the north ;;right-of-way line of the Highway 50 Expressway and being the ii westernmost old City limits of the City of Jefferson (the western- mat old city limits being the east line of the west half of the !!west half of the northeast quarter of section 9) and as said line Iis extended northwardly four hundred feet into section 4. The area ;, between such line and a line four hundred feet to the west is some ! times hereinafter referred to as the "400 foot strip" . The under- Isigned agree that this protest may be considered withdrawn if a rezoning to C-1 District is made only with respect to that portion , of such properties which lies west of said four hundred foot strip, Pit being the intent of the undersigned not to oppose the rezoning of said properties if the C-1 district does not extend to the east into the aforesaid 400 foot strip The undersigned state that &y would be damaged by a rezoning I.of any part of the aforesaid four hundred foot strip to a C-1 11district. Each of the undersigned in signing his or her name , hereto states and represents that he or she is the owner or owners il ; of the property located at the address which is written beside his I ! or her name, that he or she is authorized to act on behalf of all lof the owners of said property, if more than one, and that a part ,of the property which is so owned by the undersigned in believed toil lie or may lie within 185 feet of the said area which is proposed to be so rezoned to C-1 . The undersigned further specifically ! request that any action to rezone the said tract as proposed by the affirmative vote of three-fourths of all , of the members of the Council. - Twelve (12) signatures Don Campbell, President of the Exchange National Bank, lappeared before the Council. He stated that• his Bank has an option ' on 5 acres of land north of General Growth area, with 5001 on North Ten Mile Drive. They have reserved a 50 ' strip of land to widen North Ten Mile Drive. They have received approval for their Bank from the Comptroller of- Currency. He requested immediate action from the Council- to change the proposed zoning of C-4 to C-1 since their option expires July 24th Sam Cook appeared-on behalf of himself and Elmer Goldammer, requesting a 400 buffer zone between the C-4 designation and RS-1. The RS-1 area is principally owned by himself and Mr. Goldammer which they plan to use the northern portion for multiple dwelling and the southern portion for single family. He preferred Mr. Ben, x)nvs plan with the 400.1 buffer -,.one to protect existing residents . The following was presented to the Council: REQUEST OF PROPERTY OWNERS State of Missouri ) as County of Cole Come now the undersi ned property owners, pursuant to- the' ' provisions of Section 9.EM of the Zoning Ordinance of the City ofl Jefferson and Section 89.060, RSMo. , and submit this request with respect to a rezoning of properties north of the Highway� 50 Expressway and along or near North Ten Mile Drive which are located ;( in Section 4 of Township 44 North, Range 12 West , to the C-4 it district as it is shown upon Exhibit B to the minutes of May 19; 128. .1�qr. Cpuncil Meeti ig,, JR-eg! 17, 11977, meeting of the Jefferson City Planning and Zoning Commission, ,The undersigned state that they are owners of the property which is mom ; more particularly described in Exhibit I attached hereto and which is designated as RS-1 on both Exhibits A and B to the said May 19 minutes of the Planning and Zoning Commission. The undersigned , state that they plan to develop a quality planned residential ► development upon the property described in Exhibit 1, and that they have no ob fections to the rezoning of the District denominated C-4 on said Exhibit B to the aforesaid May 19 minutes , except that the , undersigned object to a rezoning of that part of the proposed C-4 district which is directly adjacent to the property described in ! Exhibit No. 1, if there is not a reasonable buffer zone denominated ! as a RA District or other residential district between the property ! i, deacribed on Exhibit No. I and the said C-4 District. The undersigned further state and request that with respect t, " that part of their aforesaid property which lies south of North Tenl', J'iMile Drive and north of the electric line easement of Missouri ,; Power and Light Company (which easement is filed of record in Book !:; 205 at page 656 in the Cole County Recorder's office) that said ;' part be rezoned to an RA residential district . The undersigned it ( state that said power line easement constitutes a reasonable ', dividing oint between the differing residential rises , and that li, north ol ' said power line easement such may properly be developed ; into multiple dwelling uses while south of that easement such may properly be developed into single unit residences ., In the event the aforesaid buffer zone on the easternmost portion of the C-4 District is established and the North part of 1, their property as hereinabove requested is rezoned as an RA District, the undersigned withdraw their objections to the said i! C-4 District which are set forth herein. is The undersigned state that they would be damaged by the said jIproposed rezoning to which specific objection is hereinabove state4l land protest the rezoning of such C-4 District in such manner. The state and represent that they are the owners of the i1property described in Exhibit 1, and that a part of said property ,' owned by the undersigned is believed to lie or may lie within 185 i ;' feet of the said area which is proposed to be rezoned to C-4. The I ( undersigned further specifically request that any action to so !. rezone to C-4 to which specific objection is herein made be by the affirmative vote of three-fourths of all of the members of the Council Two (2) Signatures Bob Dallmeyer, Jr. , appeared and suggested if Mr. Cook wanted the 4001 buffer zone to put it in his RS-1 area, since his commer- cial project started in ?965, in which they are working on a lPlanned Commercial Development. He urged the Council to adopt Exhib it B. - - - - - - - - - - Jack Jordan appeared before the Council in regard to the 145 acres of land which he owns . One half of the land is now in the City Limits, but he has not been able to develop the property because the location of the outer limits road, which would?d go ; consideration through his property, has not been designated This has been under for five years. He would like to have the plan, as drawn up by Vetter and Bricky, to be zoned. Mr. Benton said they would need the exact dimensions of right-of-way before going into zoning of property. Mike Bates said he would be in touch with Mr. Jordan within ,,; thirty to sixty days. - - - - - - - . Corliss Jones asked when the Council would vote on the Zoning ordinance. Mayor Hyder told him that Mr. Benton would be directed as to what type of Ordinance to be drawn. A Public Hearing was held-on the allocation of Revenue Sharing Public , Funds in the amount of approximately $670,000.00. The following Hearing requests were presented to the Council: Revenue ; Sharing. Airport $ 50,000.00 Fire Department 9j400.00 Part Board 65 000.00 Transit Authority 90t520.00 City clerk 35:000 .00 Health Department 139800.00 Planning & Code Police Department 600 000.00 Enforcement 12p000.00 Public Works 178:000.00 TOTAL: $ 1v053t720.00 LThere was no comment, l 129. Regular Council Meeting, July 18, 1977,__, �A Public Hearing was held on the following: !*Assessed Valuation 1977 1976 By Categories) Current Tax Year Prior Tax Year Real Estate $ 790922,085.00 $ 74,959,865.00 Personal Property 1705169730.00 17,490,987.00: Railroad and Utility 997230638.02 991309519. 35 ,; Merchants and Manufacturers 11,260,446.00 11,090,731.00 ; Public TOTAL 118,422,899.02 112,6721102.35 ; Hearing Tax Amount of Property Proposed Tax Levy. , Rax Revenues Rates for 1977 . Fund Budgeted for 1977. , Per $100) ! , General Revenue Revenue $ 710,537.39 $ 0.60 ;* Interest & Sinking Fund 236,845.80 0.20 ilLi.brary Fund 236,845.80 0.20 Public Parks 236,845.80 0.20 ':Firemen's Retirement System 118,422.90 0.10 TOTAL 1 ,539,497.69 1.30 There was no opposition. United ;�A communication was received from Tom Vetter, Chairman of the !j Fund. ; United Community Fund, requesting that the Council approve payroll ,; deduction. ! Councilman Borgmeyer moved that the City not make payroll ; deductions . The motion was seconded by Councilman Robinson. ;,Motion passed. - - - - - - - - - - Applications "The applications of Louis Emerson Richardson and Edward Nathan Jobe; Bus '' for the position of bus drivers were presented to the Council for Drivers . : consideration. Councilman Hager moved that the appointments be approved. :Motion was seconded by Councilman Borgmeyer. Motion passed. : Councilman Gordon, Chairman of the Street Committee, presented the i . following report: "The Street Committee met at 7:00 P.M. , Wednesday, July 13, 1977, in the Council Chambers . Members present were Councilmen Borgmeyer, ;Hager, Brant and Chairman Gordon. Street Commissioner Bates, ' Director of Planning and Code Enforcement Tom Denton, and Public 'Works Director Mike Bates were also present . i The order of business was as follows : Street 1) Paul Kolb and Bill Ruprecht appeared before the Committee to Committee�l request the vacating of the "commons" area of Jones Addition along Report. � Missouri Boulevard. Jim Gallaher, representing Bud Farmer, appeared ; in opposition to the request , indicating there was a question of ; City ownership. After some discussion a motion was made and passed; ' to refer the question of ownership to the City Attorney. The ,; Committee also requested the City Attorney to determine a method oU ,, disposal should it be City property. II+ 2) Nelson Vincent appeared before the Committee to request the livacating of a strip of land along East McCarty approximately 2 feet ] .fix 53.5 feet. Mr. Vincent was questioned as to the possibility of ' the improvement of the parking area by restricting the drive entrances with the installation of curbs. lie agreed in lieu of ' !vacating the right-of-way he would submit a plot plan which would j , include the above. A motion was made and passed to vacate the ' required right-of-way with the provision Mr. Vincent be required to limake the required improvements. r 3) John Hequenburg, representing the United Pentacostal Church, ; appeared before the Committee to request the vacating of a portion ,;of City property (approximately 10,000 sq . ft.) along Grant Street ,and East McCarty Street in front of the Church to allow the ;!construction of.;a 40 foot x 80 foot addition. A motion was made land passed to have the Housing Authority appraise the property and i 'tallow the Church the option of- purchase. 14) A request from Don McMillin to vacate a 20 foot alley along 1510 Jackson Street was held over. Mr. McMillin will be asked to f; ?appear before the Committee to present his request . ;i5) A request from Central Missouri Professional Services to vacate!' !! right-of-way between Outlots 88 and 91 was. approved to allow the iIplatting of Holiday Hills, Section 3. 130. ..---. .Regular, Council-,Meeting,,. July 18, 1977-- 6) A request from Rollin E.. Brock to purchase ten (10') feet from ...... ........ IT Lot # 13 owned by the City was denied. The Director of Public Works, was instructed to notify Mr. Brock by letter. The Street Committee ," would consider recommending the sale of Lot # 13 by bid if there islif a continued interest . 7) Bob Huber appeared before the Committee to request the widening; the south side of East Miller Street for approximately 300 �, feet west of the intersection of Clark Avenue. A motion was made . and passed for the Director of Public Works to prepare a cost estimate of the improvement and approach the property owners on thel; .basis of their participation of $5,00 per front foot for the , improvement. 18)p Street Commissioner Bates requested approval to receive bids Jor a 12 foot dump truck bed. Motion was made and passed to receive bids . 119) As directed in the June 1,, 1977 Street Committee minutes, the ! Director of Public Works reported with a recommendation the City 1participate in the amount of $7,000 f o (approximately 10% of thn e cost) " t;, to the Callaway County Sppcial Road District for constructio , the new bridge over Turkey Creek. A motion was made and passed to iaccept the recommendation. 10) Councilman Borgmeyer indicated he had received a petition from:, ,, the residents on the gravel road parallel and between Hogan Drive ;1 land Country Club Drive for improvement under the Sales Tax Improve--4 m program. After some discussion, the Director of Public Works was instructed to contact the people with the option of seal coating the existing road. to prevent future maintenance problems which the Street Department has had in the past. 11) Councilman Brant made the motion the Street Committee go on record as being in favor of condemning the necessary limited accessi! ri ht-of-way across. the George Mitchell tract for the extension of E Boulevard. Motion was passed. 12) A petition was received from the residents of North Grant J Street to request the improvement of the street under the Sales Tax.t Improvement Program. Motion was made and passed to accept the petition with the Department of Public Works to inform the residents; additional right-of-way will be required also. 13) A petition was received from the residents along the State �� Highway 94 detour to officially name the road Wehmeyer Road. i!' Motion was made and passed to accept the request . There being no further business to come before the Committee Ithe meeting was adjourned II . Respectfully submitted, /a/ barrel Gordon, Chairman. Councilman Rackers moved that Item No. 6 be referred back to the Street Committee and Mr. Brock be notified of the meeting. lMotion passed. iStreet Councilman Rackers questioned as to what funds would be used ' Committee ,; for Item No. 7, and if it could be included in the Revenue Sharing itReport. Budget. He was informed by the Director of Public Works that. the ;' Callaway County Special Road District is doing the work themselv eal ;land the funding would not be needed until the pro act is finished. I Councilman Rackers stated that in Item No. 1A, since the ti property owners had petitioned for improvement under the Sales Tax i Improvement Program, why should the City seal coat Hogan Drive. Councilman Borgmeyer stated that one side would be completely the ii City's cost and seal coating would help dust problem. Councilman Wildhaber questioned t a passage of Bill No. 15, since the Committee approved the widening along the south side of East Miller Street for approximately 300 feet west of the intersec- 1 tion of Clark Avenue. After clarification, Councilman Hager .moved ,, that the Bill be passed at this time. Motion passed. Gordon Councilman then moved that the report be filed. Motion , passed,. - - - - - - - - - - Councilman Whitecotton, Chairman of the Police Committee, presented the following reports: The Police Department Committee met in the Council Chamber, City Hall, at 7:00 P.M. , Tuesday, July 6th, 1977, with all members present with the exception of Mr. Hartsfield who had been excused, Others present were Chief Patton and Sergeant Luck of the Police Department, Mr. ,Ted Herron of the Housing Authority, Mr. Edgar I Eagan Attorney representing Wells Brothers, Mr. Bernard Wells, Mr. Bill Ward and Mr. Gary Powell, Manager, Yellow Cab Company! 131. 1 _._._._ _..Regular.-Council Meeting, July 18, 1977, i; Mr. Herron, in response to a previous request, appeared ';before the Committee and stated "After considerable discussion, we ,Iconclude that the police station should be a part of the City .; complex of buildings and that the complex should be placed in ;;accord with the Comprehensive Plan." (See letter attached) . A general discussion followed, however, a definite conclusion was ;snot reached by the Committee. ;3 Mr. Eagan informed the Committee that the Wells Brothers had ; operated a Limousine Service between the Memorial Airport and ''Jefferson City for the past eleven years , after having received a :Franchise on transfer from James Haake who formerly eld a ' ;;Franchise under Ordinance No. 7643 . y Mr. Bernard Wells informed the Committee that the Wells ;Brothers has operated the Limousine Service under the Haake iFranchise for the past eleven years but failed to produce any if evidence of the transfer of the Haake Franchise. In, " response to questions he did admit that no Franchise fees had ever Police , been paid to the City, nor had they at any time filed a Certificate ; Committeei� of Public Liability and Property Damage Insurance as required under; Reports . ' Ordinance No. 7643. Mr. Ward informed the Committee, in response to a question by :Mr. Eagan, that to the best of his knowledge that the Limousine ` Services rendered by the Wells Brothers had been satisfactory. i Sgt. Luck stated that he had made inquiry at the Office of the ! ;; City Clerk but was unable to develop any evidence that the Franchise ;;held by James Haake had at any time been transferred to the Wells Brothers. a Mr. Gary Powell appeared on behalf of Yellow Cab Company, an 1applicant for a Franchise to operate a Limousine Service between if iii .G.Memorial Airport and Jefferson City, and stated that if awardedl the Franchise the Yellow Cab Company would provide standby li ',on-airport service in compliance with all provisions , as set forth ;! in Bill No. 33 now pending before this Council . i; In other action, the Committee, on motion by Miss McDowell, li ;! seconded by Mr. Wildhaber, authorized the purchase of a olice , ;mobile radio at $1,801. 95 previously submitted on a bid ' y ;, Columbia Electronics . !I On motion by Mr. Wildhaber, seconded by Miss McDowell , the ,Committee approved the payment of $3,500.00 to Crane Fleming Testing; !Laboratories in accordance with the bid estimate submitted by that ;, firm for core drillings and soil tests on City and private property " ,near the Police Station. Mr. Jablonski to be instructed to contaat ;;Crane and Flemmin to determine their justification for the total if charges o $5 ,884,00. Mr. Jab onski has been- so informed, On motion of Dr. Brant, seconded by Miss McDowell, the ;Committee asked Chief Patton to contact Col. Hockaday with a requesq ! that the Police Personnel Board furnish the Committee an updated Police Salary recommendation , ;Col. Hockaday has been contacted. +' There being no further business the Committee adjourned. Respectfully submitted, /s/ Thomas E. Whitecotton, Chairman, `The Police Department Committee met with Col. Patton at Police ! Headquarters at 7:00 P.M. , Tuesday, July 12, 1977, with all members) ' rese ap nt with the exception of Mr. Hartsfield who had been excused. 'lAlso present were Mr. Tom Benton, Director of Planning and Code IlEnforcement, Mr. Jablonski .and Mr. . representing the firmi� 11of Jablonski-and-Associates .Associates, Architects for the proposed- Police Building. , . Mayor Hyder appeared briefly and entered the discussion which iresulted in a motion by Mr. Wildhaber, seconded by Miss McDowell, �1 to locate the proposed Police Building immediately east of the present building with an appropriate set back south from McCarty Street. ThelbuRding to consist of a full basement- with two floors , !above. I! Mr. Jablonski was instructed to proceed with plan and design I� to be submitted for approval, There being no further business the Committee adjourned. i Respectfully submitted, /s/ Thomas E. Whitecotton, !� Chaff.rman. Councilman Whitecotton moved that the reports be filed. Motion passed. . • - - - - - - - - - i f� I 132. ........... Regul.a.r ,,C.o-unc,i,l,-,M,eeting,,_july J0,, ------------ The report of the Parking and Traffic Commission was presented to the Council : liThe Parking and Traffic Commission meeting was held July 7, 1977, ! at the Police Station, with the following members present: '' Chairman Dill, James Whaley, Rael Amos, Councilman Whitecottono ! Chief Patton, Director of Public Works Mike Bates and Street " Commissioner Larry Bates. Councilman Hager was absent with an ' excused absence. Also in attendance was Ken Werner and Bob Schulte.!" The Commission made the following recommendations: To remove parking along the south side of East Capitol for a 11distance of 50 feet from the east curb of Jackson Street. ! 2) To reduce the speed limit on North Ten Mile Drive from Rock I: Hill Road (Rte.#17 9) to Highway 50 West from 40 MPH to 30 MPH and :Parking ;, on South Country Club Drive from Highway 50 West to City Limits and ,, from 40 MPH to 30 MPH. Traffic 113) Remove parking on the north side of East Miller Street from 'Commission '! Locust Street to within 100 feet of the intersection of Cherry Report. Street. Motion made and carried to delete the following from the . Parking and Traffic Code (Ord. 8177) - Section 6.010, Sub-section C1 .� , ? :i Paragraph (b) : "On Country Club Drive between Highway 50 and the !; west city .limits line. " (This section is 50 MPH speed limit) . The Commission denied the following requests: 1) Motion made to deny the request for elimination of two hour arking in the 100 block of Jackson Street . Request for Stop sign on Crestmere at Westwood and Glenwood 11 I at Crestmere. 3) Request to remove parking on one side of Washington Street from Fillmore to Atchison 4 Request ,for Yield sign on Hilda at Williams Street. Robert Schulte appeared before the Commission asking econsid-i; 1, e ration of the removal of parking 75 feet along the south curb of East Miller Street west of Clark Avenue. He made a request as to 'Ithe possibility of widening the street approximately 8 feet for a ] distance of 300 feet on the south side of East Miller Street west 11from Clark Avenue. Request was referred to the Street Committee !1 Respectfully submitted, Isl Bill Dill, Chairman. I" " Councilwoman McDowell moved that Item No. 2 under requests denied, lbe referred to the Parking and Traffic Commission. Mayor Hyder ; refused and asked that persons involved appear before the Council ilat the next meeting. Councilman Hager moved that the report be filed. Motion 1passed. - - - - - - - - - - i I The Minutes of the Board of Adjustment were presented to the .: Board Council: of �!Adjustment 11The re ular monthly meeting of the Board of Adjustment was held in "Minutes. Jthe office of Planning and Code Enforcement, 911 East Miller Street;11on Tuesday, July 12, 1977. The following members were present: Chairman Holliway, Members Bodine and Capps. Members Busch and 1 Frevert were absent. The following business was transacted: 1. The request of Mrs . Haseen Imtiaz Khan for a conditional use permit to' operate a Day Care Center at 602 Conrad Street was if approved with the motion being made by Mr. Bodine and the second by Mr. Capps . Mrs. Khan may care for a maximum of ten (10)children 129 The request of Norman P. Reichard for a back yard set-back il variance to construct an addition to his business, Roark Aluminum !; Window & Insulation Company, located a 104 Jaycee Drive, was ,, approved with the motion being made by Mr. Bodine and the second :i1by Mr. Capps . Mr. Reichard may build up to his rear lot line. 3. The request of Mr. Jim Strope' for a conditional use permit to I operate an office from property located at 800 West High Street was!; held over until. the August meeting. Mr. Strope was instructed to furnish the Board with a plot plan showing the location of the building and the proposed parking. Mr. Benton was instructed to contact the Housing Authority regarding this request. 4. The request from Mr. Ed Schuelein for a front yard set-back variance on Lot #1 ofG.B. Subdivision, was approved with the motion being made by Mr. Bodine and the second by qr. Capps. Mr. Schuelein may construct the building, maintaining an eighteen (18) foot set-back from Timber Road right-of-way. 133. Council Mebting_1 July 18,. 1977. The request of Mr. and Mrs . Melvin Sons , for a conditional used i�permit to operate a Day Care Center at 2135 Tanner Bridge Road was approved with the motion being made by Mr. Capps and the second by Mr. Bodine. Mrs . Sons may care for a maximum of ten (10) children. 6. The request of Mrs . Peggy Baker, 1502 St. Mary's Boulevard for ;; 'a conditional use permit to operate a Day Care Center from her home :' was approved with the motion being made by Mr. Capps and the second , !by Mr. Bodine. Mrs . Baker may care for a maximum of ten (10) ,1children . There being no- further business at this time, the meeting lladjournbd. Respectfully submitted, Isl Thomas H. Benton, Director of Planning and Code Enforcement. kThe Minutes were ordered filed. - - - - - - - - - - The following report of the Planning and Zoning Commission was ,,presented to the Council: ',,The Jefferson City Planning and Zoning Commission met on July 14, ill A977, in the Council Chambers of City Hall with Vice-Chairman Dick 11 .:Caplinger presiding. Members present were Mike Bates , Fred Bode, '!Seth Evans, Gale Hackman, Bert Koester, Obie Munzell,- and Fred Rost,l "Jr. Members absent were: - Pierre Dominique, Charles Dudenhoeffero !Jr. 9 Carolyn McDowell and F.E."Buck"Robinson. Also present was 12houss H. Benton, Director of Planning. Planning : The following items of business were transacted: and iSl. An application from Katherine Renner to rezone eighteen (18 2, Poning !lacres of land from RS-2 (single family) to RA (multiple dwelling Commission'lThis property is located west of Chestnut Street in the area of Report. ,iWinston Drive. Mrs . Renner was represented by Jim Gallaher. The following t! ipei ople spoke in opposition to the request: . Dennis Marriott = 1409 Chestnut St. it Jack Simion - 908 Carol St . Jack Keane - 1523 Chestnut St. Wayne Walquist - 917 Carol St . Don Cure- 1517 Chestnut St . Ted Hague - 915 Winston Dr. John Randolph -- 903 Winston Dr. ij A petition opposing the request and having forty-one (41) signatures was also presented. After considerable discussion, Obiell unzell made a motion that the request be denied, it was seconded b ,,, , red Bode and passed unanimously. The request for rezoning was .,denied. 12. The request of Thomas T. Stewart to rezone ten (10) acres of if land from C-4 (planned commercial) to C-2 (general commercial) was meld over until the August meeting at the request of his attorney �homas Vetter. The motion for continuance was made by Bert Koester, by Obie Munzell and passed unanimously. �3. An application from George Schaefer to rezone Lot No. 11 in Nock One of Washington Park' C Addition, known as 622 Delaware Street, from C-1 (neighborhood commercial) to -2 (general commercial) . The I' e 1 equest was held over until the August meeting because Mr. Schaef r was not present. The motion for continuance was made by Bert lKoester, seconded by Seth Evans andpassed unanimously. 114. An application from -Louis -{ etter and Larry Brickey to rezone !all or parts of nine (9) lots in Section 6 and 8 of Landwehr Hills I Subdivision,v ,from RS-2 (single family)- to RD (duplex) . Motion for lapproval was made by Fred Rost, Jr. The second was made by Gale Hackman and it passed unanimously. The request for rezoning was Approved. 115. The plat of Holiday Hills Estates, Section Three, was approved IFith the motion made by Bert Koester and the second by Fred Bode. ,�of his plat was approved subject- to final review and recommendations f the Department of Public Works , There -being no further business the meeting adjourned. Respectfully submitted; ' Islo Fred Rost, Jr. , Secretary. !The report was ordered filed-. 134. -Counc it-Meeting,.__Ju1y__.l8, .. 19 77_ The following bids were received for a twelve foot dump truck bed ',Opening ,1for the Street Department : of Knapheide Truck Equipment Co. $ 2,782.86 Installation $220. Bids . Kranz Automotive Body Co. 2,815.00 Installation 350. :!Councilman Borgmeyer moved that the low bid b.e accepted. Motion - - - - - - - - - - :Bill No. 37, introduced by Councilman Wildhaber, entitled: :Bill 37. ""An Ordinance of the City of Jefferson, Missouri, changing, Amending ,;amending and modifying the Zoning Map of the City of Jefferson, by Zoning ' :,amending Ordinance 8508, by rezoning lots in Mount Hope HeiPts Map. `Subdivision from RS-2 Residential to RA Multiple Dwelling. Read first and second time by title and ordered distributed 'to members of the Council. - - - - - - - - - - 'Bill No. 38, introduced by Councilman Gordon, .entitled: Bill 38. :"An Ordinance of the City of Jefferson, Missouri, authorizing and Agreement : directing the Mayor and Clerk of the City to execute a written with ,agreement for engineering services with Larkin and Associates under Larkin & the Federal Aid Urban Program." Associates . Read first and second time by title and ordered distributed to members of the Council. - - - - - - - - - - , Bill No. 39, introduced by Councilman Wildhaber, entitled: Bill 39. ,tl'An Ordinance levying and assessing a special tax bill against the Tax "lots or tracts of land fronting and abutting on the roadwa o f ,Bills ,;Riverside Park Community Development Project-Phase B in the City ;Riverside ,,of Jefferson, Missouri, for the improvement of said roadway." park. Read -first and second time by title and ordered distributed to members of the Council. - - - - - - - - - - iBill No. 40, introduced by Councilman Rackers , entitled: Bill 40. An Ordinance of the City of Jefferson, Missouri, accepting and Accepting ,,approving the plat of Holiday Hills Estates , Section 3, a subdivi- Plat of sion of the City of Jefferson, Missouri, as hereinafter described." Holiday Read first and second time by title and ordered distributed Hills :,to members of the Council . 'Sec. 3. - - - - - - - - - - ,!Bill No. 41, introduced by Councilmen Hager and Whitecotton, ;:entitled: Bill 41 . i 'An Ordinance of the City of Jefferson, Missouri, amending Amending 1;0rdinance No. 8177, The Parking and Traffic Code of the City of Parking & Jefferson by adding a new section relating to motor vehicle Traffic :' licenses . ,Code. Read first and second time by title and ordered distributed to members of the Council . A - - - - - - - - - - ilBill No. 42, introduced by Councilmen Hager and Whitecotton,. Bill 42. entitled: Amending 1 11"An Ordinance of the City of Jefferson, Missouri, amending 'Parking & , Ordinance No. 8177, The Parking and Traffic Code of the City of Traffic 11 Pefferson by "Intersection",Section 1.020 (12) (a) , relating to the i'Code. i!definition of n ction". and by enacting a new Section 1.020 1: (12) (a) , relating. to the same subject." Read first and . second time by title and ordered distributed Tito members of the Council. - - - - - - - - - - IlBill No. 43, introduced by Councilmen Hager and Whitecotton, Bill, 43. lientitled: "Amending �;"An Ordinance of the City of Jefferson, Missouri, amending -Parking & .Ordinance No. 8177, The Parking and Traffic Code of the City of 'Traffic ;Jefferson, by adding two new sections prohibiting vehicles from ,Code. !:depositing on public property, roadways, streets and alleys." Read first and second time by title and ordered distributed 11 ,1to members of the Council. - - - - - - - - - - ;Bill No. 44, introduced by Councilman Hager, entitled: `Bill 44. 'An Ordinance of the City of Jefferson, Missouri, amending Trees - ; Ordinance No. 7950 of the Cit of Jefferson, Missouri, declaring Nuisance. 1;trees on private property to le a nuisance under certain conditions,: i1b repealing Sections 6, 7 and 8 thereof, and by enacting in lieu lNereof new Sections 6, 7 and 8, relating to the same subject !;matter." Read first and second time by title and ordered distributed 11to members of the Council. - - - - - - - - - - 135. Regular Council Meeting, July 18, 1977. _ ;, Bill No. 45, introduced by Councilman Borgmeyer, entitled: ;! "An Ordinance of the City of Jefferson, Missouri, amending :;,Ordinance 8914, relating to City Employees Personnel Policy, by Bill 45. , adding a new sub-section relating to the conduct of city employees.", Personnel; Read first and second time by title and ordered distributed Policy. - to members of the Council. Bill No. 46, introduced by Councilman Hager, entitled: Bill 46. ; "An Ordinance of the City of Jefferson, Missouri, repealing Personnel ; Section 448 of the Revised Ordinances of the City of Jefferson ,{ Fire ; 1956, as amended, relating to the number of personnel in the City Dept. ;Fire Department, and enacting a new section to be known as Section 448 of the Revised Ordinances of the City of Jefferson, 1956 , relating to the same subject . Read first and second time by title and ordered distributed to members of the Council. - Bill 47. Bill No. 47, introduced by Councilman Whitecotton, entitled: Beer "An Ordinance of the City of Jefferson, Missouri, amending Licenses . Ordinance No. 3736, relating to the issuance of non-intoxicating beer licenses, and enacting a new Section 13 of Ordinance 3736 ,, (also to be known as Section 744 of the Revised Ordinances of the City of Jefferson, 1956) , relating to the same subject." { Read first and second time by title and ordered distributed i' �! to members of the Council. i - - - - - - - - Bill 48. ' Bill No. 48, introduced by Councilman Hager, entitled: Amending "An Ordinance of the City of Jefferson, Missouri, amending Public !Ordinance No. 8207, The Public Offense Code of the City of Offense 'Jefferson, by adding a new section, prohibiting littering on public ; Code. ways or property." i Read first and second tim a by title and ordered distributed '., to members of the Council . - - - - - - - - - - ;;Bill No. 33, introduced by Councilmen Whitecotton, McDowell, Wildhaber, Brant and Hartsfield, entitled: .."An Ordinance of the City of Jefferson, Missourl. , granting an exclusive franchise for the operation of a limousine service at the4 Jefferson City Memorial Airport for a tern of five (5) years to Yellow Cab Co. , division of Roki.r, Inc. , Gary L. Powell , Manager, "hereinafter referred to as Yellow Crib Co. , under the specified Bill 33. ''terms and conditions ." Limousine,; Councilman Robinson questioned granting a five year franchise Service;.and wondered if it would be possible to use city buses . Councilman ; to ;;Whitecotton answered it is necessary to assure transportation to be . Memorial available. Airport. , Councilwoman McDowell asked if the Cab Company were sold would ;` ,the Franchise still be valid. She was informed that a transfer of ,the Franchise could be by Council action only. {. Bill No. 33 was then read the third time by title and placed I' ,ion final passage and was passed by the following vote as ;Ordinance No. 9000: 1' !,Councilmen voting Aye: Borgmeyer, Gordon, Hager, McDowell, !! Rackers, Whitecotton and Wildhaber. ;Councilmen voting Nay: Robinson Councilmen absent: Brant and Hartsfield, absent with leave. �4 I Bill 34. Bill No. 34, introduced by Councilwoman McDowell, entitled: }� Filing 1j"An Ordinance of the City of Jefferson, Missouri, amending I! Fee- 'jrdinance 8508, the Zoning Ordinance, by stipulatin& the filing feed Board ;'when making application to the Board of Adjustment. �! of Councilwoman McDowell moved that Bill No. 34 be 'amended by Adjustment ;striking the word "fifty ($50.00) " in line five, sub-section 5, andlj jinserting in lieu thereof the words "twenty-five ($25.00) . The ;;motion was seconded by Councilman Borgmeyer. Motion passed. Bill No. 34, as amended, was read the third time by title and ' ;;placed on final passage and was passed by the following .vote as yj ;Ordinance No. 9001: ,Councilmen voting Aye: Borgmeyer, Gordon, Hager, McDowell, Rackers, Robinson, Whitecotton and Wildhaber. 'Councilmen voting Nay: None. ;Councilmen absent: Brant and Hartsfield, absent with leave. - - - - - - - - - - it it I 'I ;+E 136. Meet4ngs._J:uly_1.0j_1.977- ------ ( Bill No. 35 introduced by Councilmen Brant , Whitecotton, and 1Gordon, entitled: . "An Ordinance of ,the City of Jefferson, Missourib authorizing and ! directing the Mayor and Clerk of the City to execute a written agreement. for professional services with Harland Bartholomew and j ,Bill 35. Bill No. 35 was read the third time by title and placed on ;;'Agreement final With I Ogassage and was passed by the following vote as. Ordinance, iNo. 9 2: "Harland Councilmen voting Aye: Borgmeyer, Gordon, ,Hagqr, McDowell, Rackers�Bartholomew Robinson, Whitecotton and Wildhaber. and (: Councilmen voting Nay: None.* :Associates . !: Councilmen absent: Brant and Hartsfield, absent with leave. - - - - - - - - - - ! Bill No. 36., introduced by Councilman Gordon, entitled: 1! "An Ordinance of the City of Jefferson, Missouri, changing, amend- ling and modifying the Zoning Map of the City of Jefferson, by i. amending Ordinance 8508, by rezoning property located south of :! East McCarty Street and east of Vetters Lane, of the City of Jeffery Ison, from RS-5- Single Famil ' to RA Multiple Dwelling." ;',Bill 36. Bill No. 36 was read the third time by title .and placed on ;Zoning Amending final following iyassage .and was defeatqd .by the o lowing vote: Councilmen voting Aye: ' Gordon !:Map. !! Councilmen voting Nay,: BorI gmeyer,, Hager, Mcbaw- ell,' Rackers, Robinson Whitecotton and Wildhaber. ilCouncilmen absent: Brant and t Hartsfield, Absent with leave' . - - - - - - - - - - Councilman Whitecotton mov'e4thit Bill Igo- 15 be removed from the ::Bill 15. Informal Calendar and placpd on,final passage,. Motion passed. ';Amending ilBill. No. 15,, . intro'duced by Councilmen Hager. and Whitecotton ;Parking & entitled: !;Traffic 11 "An Ordinance of the-City of. Jqfferson, Missouri, amending ::Code, I, Ordinance No. 8177, the Parking and Traffic Code of, the. City of . Jefferson, by amending Section 10,100, relating to the prohibition of parking on specific roadways, Ly adding an additional roadway 0. ito the list of streets and highways where parking is proh'ibited.111 it Bill No. 15 was read the third time by title and placed on final 90gassage and- was passed by the following vote as Ordinance No. 3: ;; Councilmen voting Aye: Borpeyer,, Gordon, Hager, McDowell, Rackersoij Robinson, Whitecotton and Wildhaber. iCouncilme' n voting Nay: None. JlCouncilmen absent: : Brant. and Hartsfield, absent with leave. - - - - - - - - - - H der suggested that Bill No. 24, relating to the levy of � Bill 24. `j Mayor discussed at the next meeting. :!Tax Councilman Wildhaber, stated that he would prefer to take it I il il Levy. ,, up at this time. The Bill was held over. - - - - - - - - - - j; The following Resolution was introduced: l iStreet BE IT HERZBY RESOLVED by the City Council , City of Jefferson; 111Lights - Missouri, that the Missouri Power and Light Company, City Of jDowntown Jefferson, Missouri, be and is hereby instructed to make the; 11Area. follow.i installations in accordance with recommendations presentdl to the City Council by its Committe6-of-the-Whole, and adopted by said City ,Covncil January 17, X977..' Remove 19,7 1600 W.atto mercury vapor lights with metal qtandards; all of- these lights presently' l6cated on the south side of-East High Street from Jefferson Street to Adams ,Street, more specifically, four (4) lights in the one hundred block four (4). in the two hundred block and block.four (4) in the 3 60 lo k of East High Street. install forty one (41) 240 watt , mercury vapor lights on.eighteQn'-' (18) foot metal standards, to be ,located as follows: Thirteen (13) lights in the 100 block East High, six (6) on the north side of the street and seven (7) on the south side ofthe street ; fourteen (14 lights in the !1 200 block East High Street, seven (7) on the north side of the street and seven (7) on the south side of the I street; fourteen (14) lights in the 300 block East High Street, seven (7) on the north side of the street and seven (7) on the south side of the street . 137. install eleven~(11). 400�watt , mercury vapor lights with thirty 30) foot metal standards, to be located as follows: Two lights at the intersection of East High and Jefferson Street, one on the northeast corner and one on the southeast corner. ` Four (4) lights at the intersection of East High and 4 Madison Street, one light being installed at each of the four corners. Four (4) lights at the intersection of East High and Monroe Street, one light being installed at each of Resolution the four corners. Street Lights- One (1) light at the intersection of East High and Downtown Adams Street located on the southwest corner of the Area. intersection. Approved: Mayor. Councilman Hager moved that the Resolution be adopted. Councilman Wildhaber moved that the Resolution be held over. It was explained that the Resolution to the Missouri Power and Light Company was routine, since it was recommended by the Committee-of-the-Whole and adopted by the Council. The adoption of the Resolution was defeated. Cable Councilwoman McDowell stated that she had received complaints from T V. residents in the Brandy Lane Area in regard to the installation of Cable T V. They had requested installation from the International Telemeter Corporation in June of this year and it has not been installed as yet. They feel that they need action. It was suggested that names of persons who have not been able to get action be sent to the Company and if nothing is done, Mr. Healy should meet with the Council to discuss terms of the Franchise. - - - - - - - - - - Director A request for a street light to be installed at 2519 Twin Hills of Public Road was referred to the Director of Public Works . Works . - - - - - - - - - - Councilman Robinson moved that the request of Don Campbell, President of the Exchange National Bank, to zone a five acre tract Rezoning of land, with a 50-foot setback for highway right-of-way purposes, Don from proposed C-4 to C-1. The motion was seconded by Councilman Campbell Wildhaber. 'Motion passed. Adjournment Councilman Hager moved that the Council adjourn, under the rules. Motion passed.