HomeMy Public PortalAbout19761018 568.
__._ ...... Regular. Council Meeting, October 18, 1976.
Mayor Hyder presided.
( Prayer was offered by Mayor Hyder.
( Councilmen present: Barry, Borgmeyer, Brant, Gordon, Hager, Manes , )
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McDowell, Robinson, Whitecotton and Wildhaber. i
iCouncilmen absent: None. ii 1
1 A quorum was declared present .
,Approval of
The Minutes of the meeting ofOctober4th were approved as received.ilminutes
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Scoutmaster Don Willcoxon, Troop 10, Grace Episcopal Church, '!Introduction
introduced his Troop to the Council. 11Boy Scouts.
iJay Bell , Executive Director of the Missouri Municipal League,
( appeared before the Council in regard to Amendment No. 2 (exemptingi'
food and drugs from sales tax) . He said that Jefferson City would 'Amendment
lose revenue in excess of a half million dollars in 1978, and 11No. 2.
iadditional revenue from Revenue Sharing, if Amendment No. 2 passes . ]
; The cities which. have a sales tax have it by vote of the people, ±
( passage of the Amendment would cause serious fiscal problems and
could be alleviated by either raising taxes or cutting services .
He urged the Council to convince people to vote against the
Amendment.
Communications from Robert M. White, II , Chairman, Concerned
Missourians Against Food and Drug Amendment , urging the defeat of i
Constitutional Amendment 2, were presented to the Council.
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Ted Herron, Director, Housing Authority, reported that he had 'Community
delivered maps, summary of maps, estimated costs and recommended IlDevelopment
additional improvements , booklets on Moreau-Atchison Area, and ;Areas .
Southside Neighborhood, to the Council Members , and their Agency !t
has loaned $1,338,000 for home rehabilitation.
Councilman Wildhaber moved that the report be approved.
Motion passed.
Councilman Hager introduced-the-following Resolution: �{
RESOLUTION AUTHORIZING EXECUTION OF f)
COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT. ('
WHEREAS, the City Jefferson City, Missouri, (herein called Resolution
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the Applicant/Grantee ) proposes to enter into a Grant Agreement ' Community
(herein called the "Agreement"? with the United States of America ' Development
(herein called the "Government ') . ; Block
BE IT RESOLVED BY THE APPLICANT/GRANTEE, as follows : iiGrant
Section 1. The Agreement in substantially the form of eontractliAgreement.
hereto attached and marked "Exhibit A" is hereby approved and
accepted both as to form and substancId and the (Chief Executive
Officer or authorized official) is hereby authorized and directed
to execute said Agreement in three copies on behalf of the j
Applicant/Grantee, and the Clerk is hereby authorized and directed
to impress and attest the official seal of the Applicant/Grantee on
each such counterpart and to forward two executed counter parts , to!,
the Government together with such other documents evidencing the ;i
approval and authorizing this execution thereof as may be required
by the Government.
Section 2. Whenever the following terms, or any of them, are
used in this Resolution; the same, unless the context shall indieat
another or different meaning or intent, shall be construed, and are
intended to have meanings as follows :
M 1) The term "Resolution" shall mean this Resolution. i
All other terms used in this Resolution and which are
defined in the Grant Agreement shall have the respective
meanings ascribed thereto in the Grant Agreement. i
Section 3. This Resolution shall take effect immediately.
Councilman Hager moved that the Resolution be adopted. Motion
passed.
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A communication was received from Zonta International, requesting j!
the Council to consider including sidewalk access curb ramps for i! Zonta
persons who are handicapped, in the proposed Downtown Beautifica- ! International
tion Project. E
The Director of Public Works informed the Council that ramps
are under consideration.- - - - - - - - - - - -
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569.
Regular Council Meeting, October .18, 1976.
Councilman Wildhaber, Chairman of the Finance Committee, presented
lithe following report: (�
The Finance Committee met and approved supplemental appropria- I;
!:tions in the amount of $857 .50 for R.F.Verslues & Associates , Inc. , `:
$15,004.98 for E.G. (Duke) Linhardt Construction Co. , Inc. , to be
charged to the Parking Garage Fund, and $317.00 for Housing f,
Finance Authority, to be charged to the Parking Lots Fund.
Committee They also approved the request from Ed Rackers to appropriate
Report. !!$28,000 to the Capital Improvements Fund, and $4,000 to the Street
Department Budget, to cover expenditures that were later reimbursed.!
'Councilman Wildhaber moved that the report be approved. Motion
:!passed.
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:Councilman Whitecotton, Chairman of the Street Committee, presented ;
the following report:
During the Budget Hearings on the Sewer Division, Mr. James R.Locke ,
.Sewer Commissioner, informed the Finance Committee that he had been
:informed through the Department of Natural Resources on the policy
.;of the Clean Water Commission, relating to the fencing of Wastewater,
!,Treatment Facilities . Mr. Locke was of the opinion that this
Street policy would effect the Lagoon in the western section of the City.
Committee ! Following a brief discussion, Mr. Wildhaber, Finance Committee ;
Report. :,Chairman, referred the matter to the Street Committee, with the
';suggestion that a visit to the Lagoon might be in order. The
;Committee, with Mr. Borgmeyer, Wildhaber and Whitecotton, accompanied,
;by Mr. Locke, visited the Lagoon at 11:45 A.M. , Monday,
'October 18, 1976.
The Committee unanimously adopted a motion by Mr. Borgmeyer
that the Lagoon be fenced with four strands of taughtly drawn 13,E
, gauge four point barb wire, spaced approximately 10 inches apart .
The fence and metal gate are to bear warning signs of the danger
easily recognizable by children.
There being no further business the Committee adjourned.
Respectfully submitted, /s/ 'Thomas E. Whitecotton,
Chairman.
,Mayor Hyder asked that the Director of Public Works contact the
;!Clean Water Commission in regard to fencing the Lagoon, and report
back to the Council.
Councilman Whitecotton moved that the report be filed. Motion
passed.
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Councilman Hager, Chairman of the Health Committee, presented the
Health i1ollowing report: !
Committee ';
Report. }!The Health Committee raet with representatives of Disposal,
"Wednesday, October 6th, at 7:30, to discuss and negotiate a new �
;;garbage contract. Present were Mayor Hyder, Councilmen Hager, i
,!Brant, Borgmeyer, Manes, Chester McKinney, Health Commissioner, andi
;from Disposal, Fred Nichols and two assistants.
The Committee insisted on its six year contract offered at a }!
{.previous meeting, with automatic renewal unless the City or .1
;!Disposal wished to terminate the contract with a six months allow-
)A nce for termination by either party. Mr. Nichols agreed.
Dispose-All, Inc. , asked the City to allow them to increase or }�
:decrease prices accordingly each year as the consumer price index !�
;!fluctuated, but agreed to the following schedule: }!
Bags would cost fifty cents each and can service $5 .80. This
:would be a locked in price covering a two year period. After two i;
;;years expired, Disposal would be allowed to increase the rates, 14
!based upon the increase in the C.P. I. index, if any, up to a maxim
Eof sixteen per cent . For the remainder of the contract the rates
;would be determined each year on the index, with an eight per cent
:'maximum increase or decrease. These prices were agreed upon on a
.,twice a week pick up schedule as it presently is. }
After Mr. McKinney complained of violations by other haulers, ;?
-.the Committee suggested to Mr. McKinney that he should investigate
(these haulers for possible violations in their paper and trash j
}jpickup, and especially in covered trucks. Prosecute if .necessary.
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570.
�_. .._...._��.. �.. _ _._. d... Regular.. Council Meeting, October 18,__1976.
Mr. Nichols asked for an exclusive contract for all commercial '
trash collection, with the exception of recycled material. As an
incentive for such a contract, he would freeze all commercial rates
+ and provide the annual City Wide Cleanup free of charge.
This request was deferred by the Committee until reaction to
the proposal could be sampled.
Mr. McKinney also called to the Committee's attention a problemi
concerning large open trash bins which are attracting insects and
rats. According to Mr. McKinney, some large businesses are using
the DAS bins to throw away trash mixed with food stuffs and the Health
bins are only dumped two or three times a month. Committee
It was decided that it would be specified by City Ordinance Report.
that a smaller separate covered container would be required for the
disposal of food.
The Committee also decided to recommend that action on the
;!proposed residential rates be taken at the next Council meeting on
,October 18th.
!'1Mrs . Gertrude Stein, owner of Central Missouri Junk Company,
appeared for clarification of the Garbage and Trash Contract . She
+;was informed that it did not include recycleable materials .
After some discussion of the proposed contract with the
JEnvironmental Sanitation Management, Inc. , for collection and
(removal of trash and garbage, it was decided to hold it over until
i{the Special Council meeting.
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j�Councilwoman McDowell, Chairperson of the Public Utilities j;Public
{;Committee referred the request for a street light in the vicinity ;Utilities
of 112-116 Brookdale Drive, and lights in the 2400 block of Theresa �;Committee
Street, to the Missouri Power & Light Company. Report.
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, A petition was received from residents of Brookdale Drive, for a `Parking and
speed limit on their street. ;Traffic
I The petition was referred to the Parking and Traffic ;Commission.
1, Commission.
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( The following report of the Planning and 'Zoning Commission was
ipresented to the Council :
The Jefferson City Planning and Zoning Commission met on October 7, ''
1976, in the Council Chambers of City Hall , with the following
�lmembers present: Chairman Dominique; Members Dick Caplinger, Bert
Koester, Obie Munzell, Fred Rost, Jr. , and Tony Weber. Mike Bates
jsrepresented the Director of Public Works . Members absent were
j�James Barry, Fred Bode, Phil DeLong, Darrel Gordon and Mayor Hyder. ,
: Thomas Benton, Director of Planning, was also present. Planning and
1 The following items of business were considered: Zoning
I1. A request from Jean McKinney and Gene and Helen E. Schneider ` Commission
to rezone approximately four and one-half acres of land, adjacent Report.
Ito, and to the immediate west of the Industrial Drive Fire Station, ;,
from RS-1 (single family) to C-3 (central commercial) . Mike Riley
represented the owners and presented their request. Opposition was;
heard from Tom Downey, Dr. Sugarbaker, Father Frank, John Jordan,
Mrs . Summers, Dr. Ossman and Henry Eager. After considerable
l� discussion it was moved by Obie Munzell, with a second by Bert
(( Koester, that the request be denied. The motion passed by the
following vote: �
Members voting Aye: Munzell, Koester, Rost and Dominique
Members abstaining: Bates , Caplinger and Weber. 1
l2 . A request from William L. Eskens to rezone Lots 1 through 8 of!
! Southwood Hills Addition, from RD (duplex) to C-2 (general commer-
cial) . Mr. Gene Bushmann presented the case. There was no
opposition. Motion was made by Bert Koester, with a second by
Tony Weber, that the request be granted, and the motion passed �!
unanimously. <<
3. The final plat of Wooded Trails Subdivision, Section One, was j
presented by Richard Groner of Eastlanders , Inc. A motion was made!
by Bert Koester that the plat be approved, subject to final review •j
by the Department of Public Works. Mr. Weber seconded the motion
and it passed unanimously.
4. A request from Walter Hanrahan, Louis H. Temple, Elmer
Goldammer, Grover Gray, Jerry Toebben and James B. Vieth, to rezone;;
twenty-seven (27) acres from RS-2 (sin le family) to C-2 (general
commercial) , and 10.5 acres from RS-2 single family) to RA
(multiple dwelling) . Many residents along Tanner Bridge Road
appeared and their spokesperson, Mrs . Betty Beck, stated that they
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571.
Regular .Council Meeting, October 18, 1976.
would not object to fourplexes . Dick Caplinger moved that we
recommend approval for a chap a of zoning from RS-2 to RD (duplex) .
..It was seconded by Obie Munzell and approved unanimously. Mr.
Caplinger then moved that the request for C-2 (general commercial)
'be approved. This motion was seconded by Mr. Rost and approved
unanimously.
15. A request from Windsor Investment Company to rezone forty-one
(41) acres from RS-2 (single family) to C-1 (neighborhood commercial)"
1�was presented by Cullen Coil, attorney for the petitioners. After iJ
;{considerable discussion, it was the feeling of the Commission that if
isuch a request should be accompanied by the appropriate informations.
As listed in Section 4,A(12) of Ordinance No. 8508. Dick Caplinger;
{moved that the request be denied at this time. Obie Munzell made I°
:`the second and the motion passed unanimously.
;6. A request from Paul and Bernice Rich to rezone a 70 foot by
1140 foot lot, located at 1336 East High Street from RS-4 (single
family) to RD (duplex) . Mr, and Mrs . Rich presented their request.
Mr. Caplinger moved that the request be held over for further
;'discussion at the November meeting, Mr. Koester made the motion to '
'second and the motion passed unanimously. Mr. Benton was instructed!
to investigate the possibilities of granting the request and yet
i'avoiding spot-zoning. !
�7. A request from Roth's for permission to construct a department ;;
.store in Southridge Shopping Center which is zoned C-4 (planned
;;commercial) . Motion was made by Bert Koester with a second by Tonyi
iWeber that permission be granted, subject to final review and 1
?recommendations of the Department of Planning and Public Works.
'Motion passed unanimously. ;
�8. A request from Robert G. Anderson to rezone a parcel of land !
11fronting 126,87 feet on McCarty Street by 192 feet in depth, which �!
its parts of Lots 46, 45, 44 and 43, of Mount Hope Heights Subdivi-
sion, from RS-2 (single family) to C-2 (general commercial) . I
`Motion was made by Obie Munzell with a second by Dick Caplinger Ij
lythat the request be approved subject to a corrected legal descrip- i
1tion. Motion passed unanimously. I
119. The preliminary plat of Hickory Nut Acres Subdivision was
,presented by Jack Kramer, representing P, S.Thomas , Inc . , for Harold
!:Krieger. Motion was made by Bert Koester, with a second by Dick
!!Caplinger that the preliminary plat be approved. Motion passed
;,unanimous iy,
There being no further business , the meeting adjourned,
I, Respectfully submitted, /s/ Fred Rost , Jr. , Secretary.
;'Councilman Barry moved that the-report be filed. Motion passed. �}
;The following report of the wParking and Traffic Commission was
;;presented to the Council:
Parking il ;
and I'`The Parking and Traffic Commission meeting was held October 7, 1976,!
Traffic '17:30 a.m. , at the Police Department, with all members present
Commission,except Councilman Hager.
Report. The Commission made the following recommendations:
11) That parking for school busses on Lafayette north of the j
;sDunklin-Lafayette intersection be retained as is. �'
{2) The designation of dual left turn lanes entering North Ten
I
�IMile Drive from Chesebrough-Ponds driveway. Chesebrough-Ponds to
linstruct their employees on new lane usage and the Street Departmen�4
! is to stripe for trial basis usage.
! 3) That left and right turn lanes on Wilson Drive be striped
entering Industrial Drive.
4) That the Yield sign on Hutton Lane at Expressview Drive
,sbe established on a permanent basis, I�
':'5) That the 700 block West Water Street be "no parking" on both �±
; 6) That parking be removed for 60 feet along the west side of
;Myrtle Highway south from Swifts Highway due to a sight distance
,,!problem. '
The Commission denied the following requests: '1
isl) Request for caution light at Southwest Boulevard-Thompson j
Street intersection.
+ 2) Request for restricted parking at Community Park Village
;sat 512 East Elm,
3) Request for "no parking" across from 1007 Swifts Highway, ;
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572.
Regular; Council. Meeting, October 18, 1976.
The Commission held over for further study:
11) Request to make 300 block Locust one-way. Was the feeling of
- the Commission that both the 300 and 400 blocks should be consider- `
� ed for one-way traffic.
2) The consideration of additional through streets .
Respectfully submitted /s/ Bill Dill, Chairman.
? Councilman Hager moved that the report be filed. Motion passed.
Mayor Hyder informed the Council that he had received maps and :Widening
requests for temporary construction easements from City for side- ',of
walks, curbs and gutters from the Highway Department for the ;;Highway
l�widening of Highway 50 West from the Fire Station to District #5 ',50 West.
+ Office. The proposed plans cut through the middle of the Fire
Station which is built in the middle of Harrison and Miller Streets ;
The Station has been sold to the Housing Authority for $85,000, but
1Mr. Herron said they had no objection to the proposed plan, but in
l(Ifive or six years, when the Wears Creek Project is finished,
"Missouri Blvd. will have to be altered and will come through the
old Riley Chevrolet Building. The Mayor advised that a
treversionary clause should be put in the deed.
Councilman Borgmeyer moved that the City should cooperate withl;
the Highway Department. Motion passed. ;I
The Director of Public Works was requested to check the
descriptions and deeds ._ - - _ _ _ _ _ _ .. _
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Bill No. 65, introduced by Councilmen Whitecotton, Wildhaber and ;Bill 65.
Robinson, entitled: !Amending
( "An Ordinance of the City of Jefferson, Missouri, changing, !'Zoning
amending and modifying the Zoning Map of the City of Jefferson, "Map.
rMissouri, as incorporated in Ordinance 8508, by rezoning
specifically described land."
Bill No. 65 was read the third time by title and placed on
final ppassage and was passed by the following vote as Ordinance
�) No.8902:
Councilmen voting Aye: Barry, Borgmeyer, Brant, Gordon, Hager,
Manes, McDowell, Robinson, Whitecotton and
Wildhaber.
lCouncilmen voting Nay: None.
iCouncilmen absent: None.
i Bill No. 66, introduced by Councilmen Hager and Whitecotton, !, Bill 66.
entitled: 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
Jefferson, Missouri, by installing a loading zone on the east side ; Code.
of Broadway Street north of the east-west alley behind the
Broadway Building."
Bill No. 66 was read the third time by title and placed on
final passage and was passed by the following vote as Ordinance
No. 8903:
Councilmen voting Aye: Barry, Borgmeyer, Brant, Gordon, Hager,
Manes , McDowell, Robinson, Whitecotton and
Wildhaber.
Councilmen voting Nay: None.
Councilmen absent: None.
Bill No. 68, introduced-by Councilmen Hager and Whitecotton, ;iBill 68.
entitled: ] 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
Jefferson, Missouri, by prohibiting parking at all times on the " Code.
east side of Grant Street."
Bill No. 68 was read the third time by title and placed on '
final passage and was passed by the following vote as Ordinance ;f
No. 8904.
Councilmen voting. Aye: Barry, Borgmeyer, Brant, Gordon, Hager,
Manes , McDowell, Robinson, Whitecotton and
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Wildhaber. �!
Councilmen voting Nay: None. {
Councilmen absent: None.
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573.
_.._.. .-._.__ _. .. ..___ Regular _Council Meeting, October 18,_..1976. -
Bill No. 69, introduced by Councilman Borgmeyer, entitled:
jJ"An Ordinance of the City of Jefferson setting forth provisions
"relating to conduct, safety, vacation leave, sick leave, emergency
.leave, holiday leave, accumulated leave, and retirement of all City "
:employees, and further providing for record keeping and the !
- adoption of rules and regulations by Department Heads ."
Councilman Wildhaber moved that Bill No. 69 be amended as
Bill 69 follows:
Relatin
g (a) Section 3, line 1, by inserting "for continuous service" !
to `between the words "leave" and "as".
Personnel , (b) Page 2, Subsection (b) , line 3, by inserting "full year"
between the words "each" and "year".
(c) Page 2, Subsection (c) , line 2, by adding the word "thereafter'
;after the word "employment '. 1,
{(d) Paffe 4, Section 9, Subsection (a) , line 4, by adding "and City !;
,'Council after the word "Mayor". i.
f The Bill was held over for the Special Council Meeting.
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Bill 70JiBill No. 70, introduced by Councilman Gordon, entitled:
Accepting "An Ordinance of the City of Jefferson, Missouri, accepting and
Plat ofdappproving the plat of Wooded Trails Subdivision, Section One', a li
WoodedSubdivision of the City of Jefferson, Missouri, as hereinafter
Trails described."
Subdv. Read first and second time by title and on motion of Councilman'
Sec. 1lGordon the rules were suspended and the Bill was read the third timed;
1by title and placed on final passage and was passed by the j!
f following vote as Ordinance No. 8905: i
'!Councilmen voting Aye: Barry, Borgmeyer, Brant, Gordon, Hager,
i Manes , McDowell, Robinson, Whitecotton and
1�
Wildhaber. {
!Councilmen voting Nay: None
11Councilmen absent: None.
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1,i Councilman Barr stated that due to recent events in which both
,!parties had presented a joint statement to the Council Members,
attempting to resolve the problems in the request to close Country '+
;Club Drive, he moved that the question to override the Mayor's veto )
! be tabled at this time. The motion was seconded by Councilman
Vote ow(lager. The motion passed by the following vote: �!
Mayor'sl;Councilmen voting Aye: Barry, Gordon, Hager, Manes, Robinson
Veto. ,- and Whitecotton.
Councilmen voting Nay: Borgmeyer, Brant , McDowell and Wildhaber. ,
�lCouncilmen absent : None. .
The following Resolution was introduced: �}
Resolution-,
Environmental' WHEREAS, Robert L. Hyder was duly elected on April 1, 1975,
Protection and was administered the oath of office on April 15, 1975, as Mayor
Agency. lof the City of Jefferson, Missouri.
' NOW THEREFORE, BE IT RESOLVED by the City Council of the City
l� of Jefferson, Missouri, that the signature of Robert L. Hyder, as
'Mayor of the City of Jefferson, Missouri, be accepted on documents
!dealing with the Grant Agreement in the construction of waste
` treatment facilities for the City, with the United States Environ-
mental Protection Agency.
1Adopted: October 18, 1976
/s/ Robert L. Hyder, �l
Mayor !
Attest - /s/ Margaret Christian, City Clerk.
`; Councilman Hager moved that the Resolution be adopted. Motion
,� passed. _ - _ _ _ _ _ _ - _ (
-The following Resolution was introduced b Councilman Wildhaber:�� g Y .
WHEREAS, the passage of Proposition No. 2, a Constitutional
;Amendment, that would eliminate State Sales Tax on food and drugs, '
11would have the effect of costing the State of Missouri, its Cities,'
bland its Counties, millions of dollars in lost revenue; and
r; WHEREAS, the revenue generated by this Sales Tax is crucial "
ljto the financial support of The City of Jefferson; and
WHEREAS, there are currently no comprehensive provisions for
replacing all the revenue that would be lost.
NOW THEREFORE, BE IT RESOLVED that the City Council of the
-' city of Jefferson does hereby oppose the passage of Proposition
j No. 2.
574,
_..�.....��.�......�.....�...�......,_....._..Regular...Ca.unci�...Meeting, ..t�ctaher..-..�.B,u.19.76,.-_.�.y._....,.�..__..�..M.. . _ .`
This Resolution approved by the City Council of the City of
Jefferson, this 16th day of October, 1976.
/s/ Robert L. Hyder
Mayor
Attest - /s/Margaret Christian,
City Clerk, Resolution-
Opposition
Councilman Wildhaber moved that theResolution be adopted. Motion Proposition
passed. No. 2.
Jim Dalton City Attorney, informed the Council that he had
notified tie Chamber of Commerce to comply with the conditions set
forth in the Conditional Use Permit for the parking lot located at
McGraw-Edison, and if they are not met the Permit would be Parking
rescinded. Lot -
Mark Cordell, Executive Vice President of the Chamber of cGraw-
Commerce, made the following comments : Edison.
1. The area is enclosed by a chain link fence on three sides.
The Missouri Pacific Railroad Spur provides the barrier on
Industrial Drive,
2. Entrance Gates have been installed and will be securely locked
during periods when the Lot is not in use,
3. The lighting has been changed to satisfy the adjoining property
owners.
4. The Lot is being policed and containers are available for
trash.
5. The Lot is graveled and originally had an oil base. However,
over the years additional gravel has been added to make the Lot
suitable for use by those employed by McGraw-Edison, The Lot will
be improved to eliminate any alleged dust hazard, when they are
financially able.
Nelse Addison, 1815 West McCarty, and Dave Hannah, 1819 West
McCarty, appeared in protest to the parking lot, regarding dust and
water run off.
Councilman Barry moved that the provisions of the Permit be
enforced in a manner satisfactory to the City by May lot. Motion
passed.
Councilman Wildhaber, Chairman of~the^Finance Committee, moved that Parking
payment of $25.00 per month to the Parking Authority Chairman, be Authority
discontinued. Motion passed. Chairman.
Councilman Wildhaber moved that the«CATV Ordinance be replaced on Cable TV
the Informal Calendar. Motion passed. Ordinance.
Councilman Hager moved that the Council adjourn under the rules.
Motion passed.
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