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Home My Public Portal About19770815 147. Council Meeting, August 15, iMa�yor Hyder presided, I 'Prayer was offered by Mayor Hyder. :Councilmen present: Borgmeyer, Gordon, Hager, Hartsfield, McDowell' Rackers , Robinson, Whitecotton and Wildhaber. Councilmen absent: Brant, absent with leave. �4 A quorum was declared present. i} 'The Minutes of the meeting of August 1st were approved as received. - - - - - - !;Mayor Hyder called for presentations from the gallery and Mr. Alex ;;Bartlett inquired as to the proper time to discuss zoning in the ;;newly annexed area. The Mayor and Council suggested he proceed and Zoning- ijthe matter be discussed at this time. Annexed it Mr. Bartlett represents the West Side Residential Association, Area. ; and he stated the other Attorneys present - Mr. Prenger, Mr. Goller , ,,Mr, Dalton and Mr. Riley, representing various interests in the ,imatter - all were in agreement with the proposal he was presenting, !fit was a compromise proposal. A revised Ordinance had been prepared and the Attorneys present all stated they were in agreement with the Ordinance and Amendment 'No. 1, A Resolution was also presented and Mr. Bartlett stated there were no objections to any minor changes therein - the speed limit is set at twenty miles per hour and if the City desired to change 11 it to twenty-five or thirty miles per hour, that would be agreeable ; Councilman Borgmeyer raised the question as to the need for a (Resolution and general discussion had about the same . Councilman Hartsfield moved that the Ordinance and Resolution +! be adopted, f 1 Councilman Wildhaber objected to passing the Ordinance tonightll And stated that the Council needed further discussion on the i lResolution. j; Mayor Hyder concluded the discussion by stating that the 110rdinance would be introduced tonight but could not be voted upon A ince there was objection. - 11A request received from Ronald R. McMillan for Abandonment of a Street 'ICity alley adjoining 510 Jackson Street. Committee ' The request was referred to the Street Committee. - A request received for rezoning of real estate on South Ten Mile Planning;!Drive' owned by Terry and Grace Schlemeier, to RD two family duplex and Zoning;; The request was referred to the Planning and Zoning Commission, Commission; - - - - - - - - - - ;'Councilman Wildhaber, Chairman of the Finance Committee, presented ''the following report: IMeeting of the Finance Committee held August 10th in the Public {Works Building. i The Committee recommended and approved the following: ( Engineering Department request for additional appropriation of ;;funds - from• General Revenue -to - reimburse that Department for expen- Financeliditures made for other Departments : Committee;¢ B-11 Miscellaneous - $206,60 Report. Special Services - $2,480.39. Street Department request for reimbursement- of funds for "expenditures made for other Departments: I A-1. Salaries - $10,020.07 F-7 Street Maintenance - $20,666. 37 F-8 Signs, markings and paint - $858,68 Director of Planning and Code Enforcement request for transfer 11of funds was approved: 3! _$300.00 , from C-12 to Z-1 ! Parking Authority request for supplemental appropriations: Refund Category D-2 185.00 Rental Category C-7 - 455.00 i I� Parking Garage request for supplemental appropriations: A-3 - Extra Help - $3,500.00 ! '{ D-5 Social Security - $204.75 i Y-1 Buildings - $4,451.66 j1 From Z-8 New Equipment To G-2 Maintenance of Equipment - $750,00 Ron 148. �..,_..,. _. . Regular Council Meeting,. August 15,. 1977 , __..... ....... �._ lit was also suggested that a check be made with the City Clerk's (Office to be sure that previous transfers and reimbursements have 1been made to than General Revenue Fund. Motion made and carried that the above transfers and y }reimbursements be approved. , #, Respectfully submitted, /s/ Ken V. Wildhaber, i, Chairman. IiCouncilman Wildhaber moved that necessary Resolution be drawn for }transfer of funds and that the report-be filed. Motion passed. �! 4Xouncilwoman McDowell, Chairone of the Special T V Committee, ##presented the following letter from City Attorney Graham: , it #,Dear Ms. McDowell: You have requested an opinion as to the enforcement powers of Special ?;the City with°respect to the operation of the Cable TV System by Cable ;;International Telemeter Corporation. All references are to , T V. 10rdinance No. 8356, effective April 21 , 1971. Committee Section 14 states !Report. I, "The company shalf install service to any customer within the City who is located within 500 feet of the cable system, all other subscribers may incur additional charges for #I hookup which shall be negotiated between the company and (# the subscriber." Section 2 defines the word "shall" as mandatory in nature. With respect to sanctions available by the Council, I would ilppoint out the following: Il . Section 3 states that the right to construct, operate and maintain a microwave community antenna television system Is shall not be exclusive and the City has reserved the right I it to grant -a similar right and use to any person at any time # during the period of the existing license. �I ; 2. Section 22 provides that in the event the company violates any of the pprovisions of the license the City shall give 1 j notice to tha company of such violation, and if such is not i corrected within the time specified in said notice, or if no time is specified, within thirty days from the date of } the notice, the City may declare a forfeiture of the license f; and revoke the same, and if such forfeiture is declared, the #� company shall remove all facilities in the City built and i! 13. opperated pursuant to this license. Tha City has reserved the right to purchase the Cable Television System at the end of the licensed term, which i. I expires April 20, 1981 subject to the notice and appraisal �! I provisions of Section ; International Telemeter Company is , at all tines during the term of the license, subject to the lawful exercise of the police power by !` I, the City and to such reasonable regulation as the City may provide by resolution or ordinance, as stated in Section 5. } Respectfully, /s/ Chris Graham City Attorney. �Mr. Graham explained the Letter and Mayor Hyder told about previous ] discussions with Company officials and stated he had asked for a + Mist of the number of connections from which they derived revenues, 4l ? and the number of requests for connections now pending, but it 1Iseems like their promises are never carried out. Mayor Hyder further stated we could move for formal hearing 4toward the revocation of the Franchise. # IThe following minutes of the Parking Authority were presented to lAuthority Parking Ithe Council: �I ,Report. liwith IThe Parking Authority met at 7:00 A.M. , Tuesday, August 9, 1977, l Robert Schulte, Vincent Borgmeyer, F. E. Robinson, Wilben Dill;! iseveral Charles Czarlinsky, James Thomas, Mike Bates, James Hartley, and merchants present . l11. On a motion by Czarlinsky, and seconded by Thomas, the west end of the island on Lot 8 will be removed in order to facilitate ! traffic on the lot. 2. A request to move the bus stop on 100 East High Street was 1referred to the Parking and Traffic Commission. I# 13. On a motion by Borgmeyer, seconded by Czarlinsky, the parking lot just west of the State Capitol Building will be leased to the State for $5.00 per month. 149. Reaular Council Meeting 4, Concerning landscaping of 5 parking lots , Bates and Hartley ---- Will inspect the lots to determine how many more trees will be needed on each lot to bring them up to the required number spelled ;;out in the City ordinance. i5 . After much discussion by members and downtown businessmen ' about increasing parking downtown it was decided an engineering I ',;report on the different possibilities for increasing parking garage ; ispace would be submitted by Verslues and Associates in about ten days.The discussion centered around parking facilities next to the Uefferson Building and behind the City Parking Garage, Both areas ; being critically short of parking. Isl Robert C. Schulte, Chairman. Councilman Borgmeyer requested that such Minutes be amended by adding the words "per space" at the end of Paragraph 3. Councilman Borgm6yer moved that such Minutes, as amended, be filed. Motion passed. - - - - - - - - - - The following Minutes of the Board of Adjustment were presented: The regular monthly meeting of the Board of Adjustment was held in the office of' Planning and Code Enforcement 911 East Miller Street , on Tuesday, August 9, 1977. The following members were present: Chairman Holliway; Members Bodine, Busch and Frevert. Mr. Forest ICapps was unable to attend. Also present was Mr. F. E."Buck" il Robinson. 0 The following items of business was transacted: 11. The request of Jim Strope for a conditional use permit to ' operate an office from 800 West High' Street, was approved provided Is. four (4) car parking lot is constructed and also with the , provision that remodeling of this structure be such as to maintain is residential appearance. The motion to approve this request was imade by Mr. Bodine with the second by Mr. Busch. The request of Mrs . Tammy- C. Callis for a home occupational i ; use permit to make and sell craft items from her home at 2852 Southl ; Ten Mile Drive was approved with the provision that all commodities ' ! sold on thetEremises must be made on the premises. All sales must ' be made on e premises and not distributed to commercial business- I ca. The motion to approve this request was made by Mr. Bodine with the second by Mr. Busch. i Board 13. The request of Mrs. Mariam M. Fuller for a conditional use I of permit to operate a Pre-School Development Center from 400 Ridgewayl Adjustment Street was agproved subject to a maximum of forty-five (45) 1 Minutes, children to e registered. Motion to approve this request was madel by Mr. Frevert with the second by Mr. Bodine, I 4. The request of Mrs . Margie L. Andrews for a conditional use lj 1permit to operate a Day Care Center from her residence at• 216 a iI liBrookdale Drive was held over as Mrs .• Andrews- was not present at the meeting. I I Mr, Buck Robinson appeared in 'opposition to this request and it was the general consensus of the Board the request for a Day Care Center in' tental property was not a desirable situation. There being no further business at this time, the 'Meeting adjourned.� 1 11 1 . : " t . . Respectfully submitted, Isl Thomas H. Bent•on-, " Director. The Minutes were ordered filed.- - - - - - - - - - - The following Minutes of the Planning and Zoning Commission were presented to the Council: The Jefferson City Planning and Zoning' Commission met on August 11, 1977, in the Council Chanbers of City Hall, wAth the : following members present: Chairman Dominique; Members Mike Bates, Fred Bode Charles Dudenhoeffer, Seth Evans Gale Hackman, Bert Koester* , Caroiyn McDowell, Obie Munzell, F. E. Buck" Robinson, Fred- Rosts Jr. Mr. Dick Caplinger was absent for this meeting. Also present was Thomas H. Benton, Director of Planning•, .1 The 'following items of business were transacted: I. The request of Mr. Jerry G. Quick to operate a Licensed Day Care Center from property located at 2002 East McCarty Street was:• presented with Mr. John Otto, 207 Landwehr Hills Road 'speaking in favor of this request. The above was approved with tie motion beizj) 150. Regular Counc;ill Meeting; . August..l5.1,._.l977..___ . made by Mr. Du M1 McDowell abstained from voting on this request . '.2. The application from George Schaefer to rezone Lot No. 11 in Block No. One of Washington Park Addition known as 622 Delaware 'IStreet, from-C-1 (neighborhood commercial) to C-2 (general ;!,'commercial) was presented by Mr. Bob Campbell. This request was ,:approved with the motion being made by Miss McDowell and the second 1'by Mr. Koester. !; 3. The application from Thomas Vetter, representing Mr. Thomas T. 1� ,, Stewart to rezone ten (10) acres of land from C-4 (planned Planning icommercial) to C-2 (general commercial) which is located in the and Ilvicinity of Route 110 and Southwest Bouievard was approved from C-41Zoning ' (planned commercial) to C-2 (general commercial) subject to the Commission ,!'dedication of sixty (601) feet of right-of-way and approval and Report. !acceptance of street and sewer construction. This request was ;`approved by the following vote: Members voting Aye: Bates, Bode, Dudenhoeffer, Hackman, Koester, McDowell, Robinson and Rost . Members voting Nay: Munzell and Evans . 14. The application of Mr. & Mrs. James R. Strong II to rezone ,;Lots 2 and 3 of See-More Subdivision, from RS;3 (single family) to ' RD (duplex) was considered. A motion was mad that Lots 1, 2 and 3 of' See-More Subdivision and Lots 18 and 19 of Browns Highland ,;,Addition be rezoned from RS-3 (single family) to RD (duplex) . The !,motion to approve the above was made by Mr. Dudenhoeffer with a '; second by Mrs. Munzell. The request was then approved 1 al lat 15. The final the • of Camelot South Subdivision, Section 2, was . approved e motion being made by Mr. Koester and the second i1by Mr. Bode. This plat was approved subject to final review by the :; i;Planning Department and Public Works Department . A I6. The final plat of Leanda Subdivision, Section 1, was approved with the motion being made by Mr. Robinson and the second by Mr. P ,iRost. This plat was approved subject to final review by the HPlanning Department and the Public Works Department. ;! 7. The final plat of Spring Valley Subdivision, Section 2, was , approved with the motion being made by Mr. Evans and the second by Miss McDowell. This plat was approved subject to final review by '' the Planning Department and Public Works Department . 8. The final plat of Memorial Park was approved with the motion ,;being made by Miss McDowell and the second by Mr. Dudenhoeffer. ) This plat was approved subject to final review by the Planning :, Department and Public Works Department. Mr. Evans abstained from livoting. There being no further business at this time, the meeting l adjourned. Respectfully submitted, /s/ Fred Rost, Jr. fi Secretary. Gi . The Minutes were ordered filed. Bill No. 55, introduced by Councilmen Wildhaber and Robinson, `!Bill 55. entitled: lAmending "An ordinance of the City of Jefferson, Missouri, , changing, amenidin$' zoning .1and modifying the zoning map of the City of Jefferson, by amending Map. Ordinance 8508, by rezoning property located in the Ed-Nor East ! Subdivision of the City of Jefferson, from RS-4 single family, to R Multiple Dwelling." ff Read first and second time by title and ordered distributed 11to members of the Council. ! Bill No. 56, introduced by Councilmen Hager and Whitecotton, ,'Bill 56. 11entitled: 1,1Amending il "An Ordinance of the City of Jefferson, Missouri.chap ging, amending�j Zoning land modifying the zoning map of the City of Jefferson, by amending Map. Ordinance y8508, by rezoning property located in the Wolff's Subdivi , ision of the City of Jefferson, from RD Duplex to M2, General 7' IlCommercial." Read first and second time by title and ordered distributed ;Ito members of the Council. d �! Bill No. 57, introduced-by- C-ou-nc-il-ma-n-Bo-rgmeyer, entitled: ilBill 57. " "An Ordinance of the City of Jefferson, Missouri, authorizing and 'Lease - directing the Mayor of the City and the City Clerk of said City to ;Airport and execute, on behalf of the City, a lease on certain property at the "New J.C. Jefferson City Memorial Airport leased to the New Jefferson City ;;Flying Flying Service, Inc." I !,;Service,Inc. -.,.. __ Council Meeting,, August Read first and second time by title and ordered distributed Ito members of the Council. - - - - - - - - - - :'Bill No. 58, introduced by Councilman Borgmeyer, entitled: ,i"An Ordinance of the City of Jefferson, Missouri, authorizing and :,directing the Mayor and City Clerk of the City to execute a written �l ..Utility Agreement and Easement for highway construction with the :',Missouri State Highway Commission." Read first and second time by title and on motion of Council- ,man Borgmeyer the rules were suspended and the Bill was read the Bill 58 ;third time by title and placed on final passage and was passed by Agreement;! the following vote as Ordinance No. 9016: with ' Councilmen voting Aye: Borgmeyer, Gordon, Hager, Hartsfield, Highway;j McDowell, Rackers , Robinson, Whitecotton C6mmission,i and Wildhaber. ,!Councilmen voting Nay: None :' Councilman absent: Brant, absent with leave. Ij - - - - - - - - - - Bill 59 : Bill No. 59, introduced by Councilmen Borgmeyer, Gordon, Hager, Amending ; Hartsfield, McDowell, Rackers , Robinson, Whitecotton and Wildhaberill Zoning entitled: Map "An Ordinance of the City of Jefferson, Missouri, changing, in ! amending and modifying the zoning map of the City of Jefferson by Ahnexed ! amending Ordinance 8508, by zoning and rezoning the area annexed Area. to the City of Jefferson, by Ordinance No. 8989, amending said ;' Ordinance No. 8508, and providing for other matters relating to ,' zoning in such annexed areas ." Councilman Hartsfield requested that the Bill be placed on ;' final passage tonight . Councilman Wildhaber objected. 1 Read first and second time by title and ordered distributed it Ito members of the Council. 'I - - - - - - - - - - Bill 60. ,, Bill No. 60, introduced by Councilman Borgmeyer, entitled: il Salary "An Ordinance of the City of Jefferson, Missouri, fixing the ,Ordinance,, aalaries of City appointive officials and employees , and repealing ; Sections 2 through 11 of Ordinance No. 8503 of the City, and all ; other Ordinances of the City, or parts thereof, in conflict ' herewith." 'I Read first and second time by title and ordered distributed ' to members of the Council . it - - - - - - - - - - Bill 61. Bill No. 61, introduced by Councilman Borgmeyer, entitled: Contract �! "An Ordinance of the City of Jefferson, Missouri, authorizing the with IMayor and Clerk of the City to execute a contract with Jefferson Jefferson Asphalt Co. , Inc. , Jefferson City, Missouri." Asphalt- Read first and second time by title and on motion of Airport. ; Councilman Borgmeyer the rules were suspended and the Bill was read); ,,. the third time by title and placed on final passage and was passed I! by the following vote as Ordinance No, 9017: l, Councilmen voting Aye: Borgmeyer, Gordon Hager, Hartsfield, McDowell, Rackers: Robinson, Whitecotton and Wildhaber. '! Councilmen voting Nay: None ,,; Councilman absent: Brant absent with leave. - - - - - - - - - - Amended '; Amended Bill No 41, introduced by Councilmen Hager and Bill 41."I' Whitecotton, entitled: Amending :; "An Ordinance of the City of Jefferson, Missouri, amending Parking !! Ordinance No. 8177, The Parking and Traffic Code of the City of and Traffic ,; Jefferson by adding a new section relating to motor vehicle Code. licenses.?, Amended Bill No. 41 was read the third time by title and ,1placed on final passage and was passed by the following vote as Ordinance No. 9018: Councilmen voting Aye: Borgmeyer, Gordon Hager, Hartsfield, McDowell, Rackers: Robinson, Whitecotton and Wildhaber. - Councilmen voting Nay: None Councilman absent: Brant, absent with leave. - - -- - - - - - - - it �i 152. Amended Bill Nc�. a8, introduced by Councilman Hager, entitled: ,"An Ordinance of the City of Jefferson, Missouri, amending OrdinancJ No. 8207, The Public Offense Code of the City of Jefferson, by I:adding a new section, prohibiting littering on public and private ; Ways or, property. Amended Bill No. 48 was read the third time by title and 1placed on final passage and was defeated by the following vote: !Bill 48. lCouncilmen voting Aye: Hager, Hartsfield, Robinson, Whitecotton !'Prohibiting and Wildhaber. 'Littering. ) Councilmen voting Nay: Borgmeyer, Gordon, McDq'well and Rackers. lCouncilman absent: Brant, absent with leave. Bill No. 490 introduced by Councilmen Hager and Whitecotton, `-Bill 49. '�e" ntitled: )Amending J! 'An Ordinance of the City of Jefferson, Missouri, amending 'Parking and Ordinance No. 8177, The Parking and Traffic Code of the CitK of Traffic 1IJefferson, by reducing the speed limit on ,a portion of Nort Ten Xode. Mile Drive and on a portion of South Country Club Drive, to thirty ;!miles per hour." . Bill No.• 49 was read the third time by title and upon motion ,16y Councilman Whitecotton was placed on the Informal Calendar. Bill No. 50, introduced by Councilmen Hager and Whitecotton, IlBill 50. flentitled: ;Amending "An Ordinance of the City of Jefferson, Missouri, amending (Parking and ;Ordinance No., 8177, The Parking and Traffic Code of the City of (;Traffic I qJefferson, by prohibiting parking on a portion- of- East Miller :'Code. Street." 11 Bill No. 50 was read the third time by title and placed on ii ! final passage and was- passed by the following vote as Ordinance . No. 9019: 'iCouncilmen voting Aye: Borgmeyer, Gordon, Hager, Hartsfield, McDowell, Rackers , Robinson, Whitecotton and Wildhaber. lCouncilmen voting Nay: None 1! Councilman absent: Brant, absent with leave. - - - - - - - - - - '( Bill No. 51, introduced by Councilmen Hager and Whitecotton, lientitled: An Ordinance of the City of Jefferson, Missouri, amending: !' Ordinance No. 8177 The Parking and Traffic. Code of the City of I ! Jefferson, by prohibiting parking on a portion of Capitol Avenue. Bill 51. Bill No. 91 was read the third time by title and placed on l;Amending 11final,03assage and was pa'ssed by the following vote as Ordinance 'Parking and IlNo. 9020: Traffic 11Councilmen voting Aye: Borgmeyer,, Gordon, Hager, Hartsfield, IlCode. McDowell, Rackers , Robinson, Whitecotton and Wildhaber. , Councilmen voting Nay7, None Councilman absent: Brant, absent with leave. - - - - - - - - - - Bill No. 52, introduced by Councilmen Borgmeyer, Hartsfield and ,Bill 52. Wildhaber, entitled: Division "An Ordinance of the City of Jefferson Missouri, repealing lof City Ordinance No. 8425 of th'e City, providing for the division of the 111into City into five (5) Wards, and or representation to the City !Five Council and enacting a new Ordinance relating o the same subject!'IlWards. Bih No. 52 was read the third time by title and placed on i final passage and was passed by the following vote as Ordinance No. 9021: Councilmen voting Aye: Borgmeyer, Gordon, Hager, Hartsfield, McDowell, Rackers, Robinson, Whitecotton 1, and Wildhaber. it lCouncilmen voting Nay: None ! Councilman absent: Brant, absent with leave. lBill No. 53, introduced by Councilmen Borgmeyer, Hartsfield and ggi11 53. Wildhaber, entitled: Tstablishing ( "An Ordinance of the City of Jefferson, Missouri, repealing t ;Voting 110rdinance No. 8426 of the City which established voting precincts !Precincts lin the Wards of the City, and defining the boundaries thereof, and 11in Wards enacting a new Ordinance relating to the same subject." !Of City. Bill No. 53 was read the third time by title and placed on - final ogssage and was passed by the following vote as Ordinance jJ No. 9 2: 153. Regular Council Meets ,.Auguex_�,5_,�.9Z7- Councilmen voting Aye: �Borgmeyer, Gordon, Hager, Haxtsfield, McDowell, Rackers, Robinson, Whitecotton and Wildhaber. Councilmen voting Nay: None Councilman absent: Brant, absent with leave. 'Councilman Borgmeyer presented the following copy of letter, signed by nine employees of the Transit Authority: Mr. Michael Horn, Chairman, August 10, 1977, State Board of Mediation, Transit Jefferson City, Missouri, Authority Employees This letter is being directed to you by the employees of the !Jefferson City Transit Authority. Upon receipt of this correspondence, please be advised that the employees so designated by signature below do not wish to be considered a part of City and Government Local 45. In other words, please consider this as our Petition for Decertification. If this is not -the proper process, or additional forms need to be completed, please advise at your earliest possible convenience. Very truly yours, Nine (9) signatures Employees , Jefferson City Transit Authority. Street A petition signed by six residents for a street light in the alley, Light. between Jefferson and Washington Streets, in the 800 block, was referred to the Missouri Power and Light Company. September Councilman Hager moved that the�first r Council Meeting in September Council be held on Tuesday, September 6th, on account of the Labor Day Meeting. Holiday, Motion passed. Adjournment Councilman Hager moved that the Council adjourn, under the rules. Motion passed,