HomeMy Public PortalAbout19761004 561.
Regular Council Meetin October 4 1976 .
Mayor Hyder presided.
Prayer was offered by Mayor Hyder.
Councilmen present: Barry, Borgmeyer, Brant, Gordon, Hager, Manes ,
Roll McDowell, Robinson, Whitecotton and Wildhaber.
Call Councilmen absent : None
A quorum was declared present .
Approval {
of Minutes . The minutes of the meetings of September 20th and 27th were approved:
as received.
A Public Hearing was held on the rezoning of Inlots 379, 380, 381
and 382, from RA to C-1.
Public Mrs . Don Marshall , 728 East Capitol Avenue , appeared in oppo-
Hearing, sition. She questioned the parking situation and stated that ifthe
proposed tearoom fails , any kind of business could go in if property
is zoned commercial . She also inquired if there was any opposition
to the rezoning at the Planning and Zoning Commission meeting.
Larry Simmons , owner of the property in question, said that he .
had checked with all surrounding property owners , but there was no
objection other than Mrs . Marshall, which he had told the Commission.
James H. Little said that he was purchasing the property since
it is a fine old home for a tea room, his wife has already turned
down at least two dozen requests for parties , receptions , etc. ,
prior to the holiday season, and they do not plan anything that
would be detrimental to the neighborhood. He has checked on
parking and will have off-street parking in the rear of the property;
after five parking is available on the street and also on the
weekends . When asked about operating under conditional use, he
said that he would agree if it would apply to all properties being
rezoned.
Cable Michael Riley, Attorney for :international Telemeter Corporation,
T V. presented a certified audit report of International Telemeter
Corporation, and reported that the areas which they had not
developed would be serviced as soon as possible, have issued pur-
chase orders for two of the areas involved and the paperwork on the
third area will be completed within the next few days .
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A Public Hearing was held on the rezoning request of Oscar Ii. and
Lucy E. Ott , to rezone part of the northwest quarter and part of the
northwest quarter of the Southwest Quarter of Section 34, Township
45N, Range 12W, in the City of Jefferson, County of Cole, Missouri,
from RS-2 (Single Family) to RD (Duplex) . Approximatelyy 5.5 acres ,
Public Mrs , Sue Luebbering, 610 Sue Drive, and Jim Odendah1 , 623 Sue
Hearing, Drive, appeared in opposition to the rezoning. Mr. Odendahl was
concerned about the connector street and questioned the practice of
rezoning part of an area.
A communication which was received from them posed the
; following questions:
:; (1) Is this connection through to Sue Drive possible? The slope '
would be steep, and the intersection with Sue Drive would be at an
odd angle, creating a potential traffic hazard,
(2) The plot maps show an existing home located within the proposed
right-of-way. If this home is to be avoided, where would the
street be built? ,!
Oscar Ott appeared on his behalf and informed the Council that ?'
. the lot sizes will handle only two-family dwellings , and he plans
,' to construct twenty-three buildings .
After considerable discussion, it was decided that Councilmen
:'Hager and Whitecotton, with the Director of Planning, would meet
with Mr. Ott to view the property.
The following report was received from Chester McKinney, Health +
McGraw- Department:
Edison An inspection was recently made by the Department of Health in `
Parking accordance with your request and the following observations are
Lot. listed:
1. The parking lot is not paved and is not maintained in a manner '
� to prevent the dust from causing a nuisance within the neighborhood;
' 2. The parking lot is partially enclosed with a chain link fence. ,f
: Three sides only,
3. It appears the lot has adequate lights and are in good
:working condition.
�; a
562 . guax .October 4 1976 .
4. There is no entrance gates and no provisions have been made to
prevent access to parked vehicles . At the present time the parking
slot cannot be securely locked.
'i5. The premises are maintained free of litter and the weeds and
.,grass have been cut . Trash containers have been provided and are
.placed on each side of the entry. McGraw-
If further action is needed on compliance, please contact me. Edison
Respectfully submitted, /s/ Chester McKinney, Parking
Health Department . Lot .
Councilman Gordon moved that the matter be turned over to the City
Attorney to enforce the Special Use Permit .
-A request to rezone property located at 1336 East High Street from Planning and
,;Single Dwelling to Duplex was received from Paul C. and Bernice M. Zoning
Rich. Commission.
The request was referred to the Planning and Zoning Commission.
.A request was received from Robert G. Anderson and Ronald E. Eicholz Planning
to rezone property located east and adjacent to 2617 East McCarty and
Street , fronting 1.26. 87 feet on McCarty Street by 192 feet in depth,Zoning
:;which is parts of lots 46, 44 and 43 of Mt .Hope Heights Subdi.vision,Commission
' from RS-2 to C-2 District.
The request was referred to the Planning and Zoning Commission.
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�A draft plat of proposed Hickory Nut Acres , owned by Mr. and Mrs . Planning
;'Harold Krieger and Mr. and Mrs . Virgil Riek, was submitted by P. S. and
';Thomas , Inc. The draft plat was referred to the Planning and Zoning
Zoning Commission. Commission
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Councilman Borgmeyer, Chairman of the Accounts , Claims and
`Personnel Committee, presented the following report :
The Accounts , Claims and Personnel Committee met Monday, September
27th, at 8:00 P.M. , in the Council Chambers . All members were
present - Councilmen Wildhaber, Bryant , Hager, Manes and Borgmeyer.
The following items were discussed:
' l . Letter from Attorney Michael Riley, representing the Firemen
. Local 4671, with a petition from the Firemen calling; for Stealth
rand Fife Insurance plans .
Dr. Brant moved that these petitions be referred to the Finance
Committee and be considered with the rest of the City Departments .
Motion was seconded by Mr. Wildhaber and passed unanimously.
2. A letter dated August 26th was received from Mr. Mitchell
' Bennett, Business Manager for the International Labor Union of North
; America, 116 8th Street, Columbia, Mo. , representing employees of Accounts ,
!: the Public Works Department . On behalf of Mr. Bennett , Mr. Francis Claims and
,.Jacob of St. Joseph Mo. , presented to the Committee a document of Personnel
Intent & Purpose (List of requests) from the Public Works employees. Committee
After some discussion Mr. Wildhaber, seconded by Dr. Brant , Report,
!;moved to receive the document . Motion passed unanimously.
+ 3. Chief Willmeno of the Fire Department appeared before the
� Committee to request an additional appropriation of $623.00 to send .
Itwo (2) Firemen to Oklahoma for one week to attend a Fire Inspectiai
; School .
After discussion, a motion by Mr. Hager, seconded by Mr.
' Wildhaber, to allow the additional appropriation of $623.00 was
;' made. Motion passed unanimously and a Resolution to allow the
;; additional funds was requested.
Meeting adjourned.
i Respectfully submitted, /s/ Vincent F. Borgmeyer,
Chairman.
; Councilman Borgmeyer requested a roll call vote on Item No. 3,
' which passed by the following vote:
:; Councilmen voting Aye: Barry, Borgmeyer, Brant, Gordon, Hager,
Manes , McDowell , Robinson, Whitecotton and
Wildhaber.
:' Councilmen voting Nay: None
' Councilmen absent: None.
Councilman Wildhaber informed the Council that he had received
a letter from the Union stating that they do not desire a meeting
,, with the Finance Committee, pending the four City study.
1 Councilman Borgmeyer moved that the report be filed. Motion
passed.
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563.
Regular Council Meeting, October 4, 1976. _..___..
IlCouncilman Whitecotton, Chairman of the Police Department
!;Committee, presented the following reports :
;The Police Department Committee met in the Council Chamber, Monday, :'
;September 20th, 1976, immediately following the adjournment of the ;!
'Council. All members of the Committee were present. Col . Patton
was also present. !`
On motions duly made and seconded the Committee, exercising
(its authority to act, unanimously approved the request of Col. Patto
for the reduction in the rank of Louis D. Tedeschi from Corporal to
:Patrolman as of September 30th, and the promotion of Thomas !(
:,Buschman, Patrolman, to the rank of Corporal, as of October 1, 1976
There being no further business the Committee adjourned. �(
j.
.The Police Department Committee met in the office of Chief Patton, j
.Wednesday, September 22nd, immediately following the adjournment of (!
the Committee on Finance. All Committee members and chief Patton
Police were present.
Department Following an examination of the applications for taxi cab
Committeeoperator permits , Mr. Wildhaber moved the approval of the applica-
Reports,; tion of Richard H. Humphrey, Apt. A. , 218 Pine Street, and that of
Dorothy L. Calvin, 203 Chestnut Street, with the rejection of the
;application of Michael K. Cure, 905 St. Mary's Blvd. The motion,
:; seconded by Miss McDowell, was approved.
There being no further business the Committee adjourned.
Respectfully submitted,
i /s/ Thomas E. Whitecotton, l
Chairman
;; Councilman Whitecotton moved that the reports be filed. Motion
; passed.
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!I
jXouncilwoman McDowell, Chairperson of the Public Utilities
11Committee, presented the following: jl
(letter from Missouri Power & Light Company dated 9/30/76) . !
On June 14 of this year, we received a copy of a petition {I
;' requesting two (2) street lights be installed in Schellridge.
`:There has been quite a long delay in finalizing the location of
' these two lights , but we now have property owner permission to maker
ithe necessary underground extension and recommend the installation i!
of two (2) 6800 lumen lights with metal poles at the following !;
; locations : �1
Public : l . Install one 6800 lumen light at the northwest corner
Utilitiesjj of Schellridge Road and Sterling Price Road.
Committee`� 2. Install one 6800 lumen light at the northwest corner of the
Report,; intersection of Schellridge West and Schellridge Road.
We will await.. the resolution before proceeding with the i
! installation.
Very truly yours , /s/ R. D. Scott ,
j Assistant District Manager.
( Councilwoman McDowell moved that the report be filed. Motion
passed.
! The following report of the Airport Commission was presented to
Ithe Council:
Airport A meeting of the Airport Commission was held at 12: 30 p.m. , Tuesday,]
Commission September 28, 1976, at the Jefferson City Memorial Airport. Those a
Report present were Mr. Hendren, Chairman, presiding, Members Munzell,
Brant, Oschner, Whitecotton, Wildhaber, Gordon, Borgmeyer, Miller
and Manes. Others present were T. Rackers , Jefferson City Flying !
Service, J. Stauffer, News-Tribune, J. Drainer, Chief Controller,
Memorial Airport, A. Pollock, Central Mo. Professional Services ,
11W. Ward, Jefferson City Flying Service, J. Randolph, Airport
�lManger, H. Schroeger, Airport Secretary, and Clark Wehmeyer, i
Citizen.
The minutes of August 24th meeting were presented. There (III
', being no objection or corrections, Mr. Whitecotton made a motion
{; to -accept the minutes as presented, seconded by Mr. , Wildhaber and
Eiunanimously adopted.
The financial report of September, 1976, was presented. After(
discussion, Mr. Whitecotton made a motion to approve the report,
seconded by Mr. Munzell and unanimously adopted.
The 1976-1977 budget was presented by Mr. Oschner, Chairman of
the Budget and Finance Committee, and during discussion, Mr.
(fHendren stated that he had requested that we include $100,000.00
f
564.
__._._..._.._...._.._._P.._.......__Regular—Cauncil.__Meeting.,..0.c.tober_4,__19.76_.
Tif n the budget as part o£ the contingency for the levee. After
urther discussion, Mr. Munzell made a motion that the budget be
� approved, -seconded by Mr. Gordon and unanimously approved.
Mr. Allan Pollack of Central Missouri Professional Services ,
reported that he had almost completed the engineering application
forms for the E.D.A. application for a fund to build the Airport
levee. He estimated the cost to be approximately $3,250,000.00.
This program is financed 100% by the Federal E.D.A, He also
reported that he had received a letter from the U.S. Corps of
Engineers advising that they were in complete agreement with the
plans and the soil tests that had previously been sent to them.
The letter also stated that the U.S.Corps of Engineers could not ,Airport
approve or disapprove the plans because there were no Corps of Commission
Engineers funds involved, but that they would be glad to help in Deport.
any way they could. {
Mr. Randolph reported that the City Council had approved a
Grant Agreement in the amount of $251,640.00 with the FAA for
Overlaying Runway 12/30 and the lighting of Runway 8/26. He also
stated that the Mayor, the City Clerk, and the City Attorney had
signed all the documents and that they were on the way to Kansas
City this morning. He also reported that he had called the FAA by i1
telephone this morning notifying them that the Grant Agreement was
a roved by the City Council and signed by the Mayor, and that the
FAA had said that they would send a telegram advising us to start
construction,
Mr. Randolph reported that the wall of the Cafe had been moved
and the new carpeting is on order and would be installed as soon as
the carpet arrives , which would probably be sometime in the next
month.
Mr. Clark Wehmeyer asked to be heard about a condition involv-
ing the Johnson grass and Mulberry trees along the road in front of
his house and the road leading to the Control Tower. He stated
that the Mulberry trees are growing in front of the road in front
of his house to the point that they were becoming a hazard to the
automobiles using the road, and that the Johnson grass had spread
all along the road and as a matter of fact , had jumped the road to
the Far side.
Mr. Randolph reported that the area along the road to the
Control Tower had been sprayed and that he would see that weeds
cut immediately. He also stated that he would contact the Street were,
Department and advise them of the problem along this road bordering ,
on the North side of the Airport , and he felt that the Street Dept.(
would take immediate action. Mr. Wehmeyer then thanked the
Commission for their cooperation in this matter.
Mr. Randolph reported that during the Airport 0 erators Council�i
annual meeting in San Francisco last week, he had talked to Mr.
Joseph A. Foster, the newly appointed assistant administrator of
the FAA for Airports About the Control Tower problem at the Jeffer-
son City Airport. Mr. Foster asked that copies of the correspon-
dence to the Central Region of the FAA be sent to him and that he
would take it up with the Mr. Melugin, the Director of the Central
Region of the FAA in Kansas City, Mo. , to see what could be done to
expedite the Federal take over of the Jefferson City Memorial
Airport Tower.
There being no further business, the meeting was adjourned at
1: 30 p.m.
Respectfully submitted, /s/ John B. Randolph
Assistant Secretary.
Councilman Borgmeyer moved that the report be filed . Motion passed.
_ _
The following report of the Parking Authority was presented to the
Council:
The Parking Authority met at 9:00 A.M. , September 29, 1976, with
all members present.
Roger Verslues, engineer for the top deck, recommended the
following deductions before final payment to the contractor:
1. Deduct $3,900.00 for epoxy sealer for the entire deck.
2. Loss of revenue, $2,000. This is revenue lost while the deck
is being re0aired.
3. $957.50 for engineering fees.
On a motion by Rackers , and seconded by Thomas, the contractor will
seal the entire deck before the $3 900 can be released.
Release immediately $19,267.56 on Council approval.
Regular Council Meeting, October 4, 1976, 565! . ... _
The City pay the professional services now and deduct t
amount from the contract later.
The loss of revenue deduction was not deducted.
The contractor will be responsible for any repairs until
May 1, 1977.
The garage will open as soon as the contractor seals the floor,
On a motion by Thomas, and seconded by Czarlinsky, the Revenue;
: Department would be allotted one parking space for a handicapped
; person, which would be in close proximity to her employement. The
., space to be returned after she has terminated employment .
On a motion by Thomas, and seconded by McDowell, the Authorityi'
. will take over enforcement of all parking within the City. The
Cushman scooter the Police Department uses would be given to the i;
' Authority, and the revenues would be credited to the Parking -'
Parking; Authority Fund,
Authority On a motion by McDowell, and seconded by Thomas , the problem
Report ., of Governor's Mansion parking be sent to the Parking and Traffic
, Commission.
On a motion by Rackers , and seconded by McDowell, the Authority!
will reinvest $50,000 in U.S,Treasury Bills for 90 days .
On a motion by Thomas , and seconded byy Dill , the budget be
approved. Borgmeyer pointed out that all bills , such as repairs on `
`: the Garage and purchases on lots that are not budgetted should be
! requested through supplemental appropriations .
/s/ Robert C. Schulte, Chairman, Parking Authority.
'' Councilman Borgmeyer explained that approximately $24,000 in fines
! goes into General Revenue, but after all enforcement of parking is
, done by the Parking Authority that money will be placed in the
; Parking Authority Fund, This will relieve the Police Department
,. and will also require an Ordinance for enforcement.
II Councilman Borgmeyer moved that the report be filed. Motion
ii passed,
' Bill No. 65, introduced by Councilmen Whitecotton, Wildhaber and
! Robinson, entitled: +
"An Ordinance of the City of Jefferson, Missouri, changing, amendi<g
Bill 652 and modifying the zoning map of the City of Jefferson, Missouri, as
Amending incor orated in Ordinance 8508, by rezoning certain specifically
Zoning descrN ed land,"
Map. . Read first and second time by title and ordered distributed
to members of the Council .
Bill 66.:1113ill No. 66 , introduced by Councilmen Hager and Whitecotton,
Amending ,'ientitled:
Parking :, "An Ordinance of; the City of Jefferson, Missouri, amending 1
and Traffic �i0rdinanee No. 8177 , The Parking and Traffic Code of the City of +i
Code. IJefferson, Missouri, by installing a loading zone on the east side !�
of Broadway Street north of the east-west alley behind the
'IBroadway Building."
!I Read first and second time by title and ordered distributed A
i' to members of the Council, i
Bill 67.: Bill No. 67, introduced by Councilmen Hager and Whitecotton,
Amending entitled: II
parking ! An Ordinance of the City of Jefferson, Missouri, amending
and Traffic , Ordinance No, 8177, The Parking and Traffic Code of the City of
Code.`! Jefferson, by establishing a 40 miles per hour speed limit on the
! road north of the Airport currently being used as a detour for
11Route 94 extending from Highway 54 to Route 94."
JI Read first and second time by title and on motion of Council-
! man Hager the rules were suspended and the Bill was read the third
j'l time by title and placed on final passage and was passed by the '
1following vote as Ordinance No. 8900: i!
; Councilmen voting Aye: Barry, Borgmeyer, Brant, Gordon, Hager, ij
li Manes , McDowell, Robinson, Whitecotton and i;
I Wildhaber. I
Councilmen voting Nay: None
Councilmen absent: None,
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,' Bill No. 68, introduced by Councilmen Hager and Whitecotton, l�
+l entitled:
Bill 68.i: "An Ordinance of the City of Jefferson, Missouri, amendingg
Amending ;,, Ordinance No, 8177, The Parking and Traffic Code of the City .of
Parking ! Jefferson, Missouri, by prohibiting parking at all times on the
and Traffic i� east side of Grant Street."
Code. ��
566.
--.,,Regular Council- Meeting, ..October 4.0... 1976......
Read first and second time by title and ordered distributed
to members of the Council.
Bill No. 69, introduced by-Councilman Borgmeyer, entitled:
I "An Ordinance of the City of Jefferson setting forth provisions
relating to conduct, safety, vacation leave, sick leave, emergency 'Bill 69.
leave, holiday leave, accumulated leave and retirement of all City Personnel
Employees and further providing for record keeping and the Code.
adoption of rules and regulations by Department Heads ."
Read first and second time by title and ordered distributed
to members of the Council.
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Bill No. 63, introduced by Councilman Barry, entitled: ;Bill 63.
"An Ordinance of the City of Jefferson, Missouri, changing, mending
amending and modifying the Zoning Map of the City of Jefferson, by ii Zoning
amending Ordinance 8508, by rezoning property located along i, Map.
Sherrick Drive and Southwest Boulevard from RS-2 Residential to
R-D Duplex."
Bill No. 63 was read the third time by title and placed on 0
final passage and was passed by the following vote as
Ordinance No. 8901:
Councilmen voting Aye: Barry, Borgmeyer, Brant , Gordon, Hager
Manes, McDowell, Robinson, Whitecotton and
Wildhaber.
Councilmen voting Nay: None
Councilmen absent: None.
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Councilwoman McDowell introduced the following Resolution: �Resolution
'Street
BE * IT HEREBY RESOLVED by the City Council, City of Jefferson, Lights .
Missouri, that the Missouri Power and Light Company make the
following installations in accordance with recommendations presented!
to the City Council by its Committee on Public Utilities and
adopted by said City Council on October 4, 1976.
1. Install one 6800 lumen light with metal pole at the northwest 1
corner of Schellridge Road and Sterling Price Road, 11
2. Install one 6800 lumen light with metal pole at the northwest 11
corner of the intersection of Schellridge West and Schellridgei�
Road.
Adopted: October 4, 1976 Isl Robert L. Hyder
President of the Council.
Councilwoman McDowell moved that the Resolution be adopted.
Motion passed.
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The following veto message was read by Mayor Hyder: ;; Veto
!1Message-
I am returning herewith the Resolution relating to the closing ! Resolution
of Country Club Drive, which I am vetoing under authority of sclosing of
Section 77.280, R.S.Mo. , and ask that this veto be presented to the I! Country
Council at its next regular meeting date on October 4, 1976. Club
The reasons for my veto of this Resolution are briefly stated Drive.
as follows, and at the election of the Council I will discuss them
more fully on October 4:
1. The City is in the process of annexing approximately 1,500 �!
acres and I am advised by the Director of Public Works that there
was testimony on his part that the City would provide for this area
the necessary general services, which would, of course, include
access routes, police and fire protection (among other services) .
At the present time only a portion of North Ten Mile Drive which
lies within the City, and Country Club Drive, which lies within the
City, provide access to this sizable area. I have been advised
that the closing of Country Club Drive will be injected into the
present suit now pending on appeal and in a new suit if necessary II
in an effort to exclude the large development area from city
annexation.
2. Section 227.290 is the statute by which the State Highway 11
Commission abandons its right-of-way and that statute gives the
State Highway Commission the authority to convey the abandoned land
for the "best available cash price by Deed," with the restriction
that if it were donated by the abutting owner, it shall return to
him without cost. It can readily be seen what effect this would
have upon Country Club Drive in that area, which it is proposed be
closed.
567.
___.__..............__...Regular .Council
3. I have had innumerable calls From citizens requesting that the
street be not closed and members of the Council have advised me
that the reaction which they have received is the same, except for
those petitioners involved in the immediate neighborhood. I have
received numerous serious requests for the closing of other major
arteries , some of whom have advised that they are presenting £ormad
petitions . The public is entitled to the equal protection of the
laws.
4. In the Comprehensive Plan for Jefferson City by Harland
Bartholomew and Associates, accepted by the City, and on page 10
Veto thereof is a statement concerning the effectiveness of retail
Message outlets; i.e. , the ratio of retail sales to buying income. It is
Resolution there stated that the trend for Jefferson City is apparently that
closing of since 1954 retail sales as a percent of buying income has decreasedjl
Country from 90 percent to 65 percent and the conclusion is that "many of ,
Club the city residents shop elsewhere. " This ratio must be reversed I
Drive and we must have the tremendous retail trade which will be generated
in this area to be annexed. It will unquestionably be necessary
for us to even construct other streets into this area, and I cannot
participate in an action which obviously is going to cause some
increased cost to the City and substantial losses in income.
Respectfully, /s/ Robert L. Hyder
Mayor.
Mayor Hyder asked for a roll-call vote.
Councilman Barry raised a point of order in that Section
77.280 R.S.Mo. , 1969, states that such veto shall be noted on the
journal of the Council, and shall be effective and binding unless
the Council, at a subsequent session thereof, general or special,
shall pass said Resolution or order by a vote of three-fourths of
all the members elected to the Council.
Mayor Hyder asked the opinion of the City Attorney. He
agreed that the vote shall be taken at a subsequent meeting.
Adjournment Councilman Hager moved that the Council adjourn, under the rules .
Motion passed.