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HomeMy Public PortalAbout19700908 Mayor Christy presided. ] Prayer was offered by Mayor Christy. ;Councilmen present: Borgmeyer, Hager, Iuen, Kliegel Nacy, Rinerg I Scrivner, Strong, Wells and Wil aber. ,!Councilmen absent: None. A quorum was declared present. Approval !I of Minutes li'The minutes of the meeting of August 17th were approved as received.' Public 1A public hearing was held on the rezoning of property located at Hearing i2106 Jefferson Street from "A-1" to 11F11. 2106 !,There was no opposition. Jeffersonil - - - - - - - - - - - - ;'A public hearing was held in regard to the rezoning of Lots 6 to 10 J of 'land 12 to 16 of Weavers Subdivision from "A-2" single family to D Public Multiple Dwelling. Hearing ;Charles C. Hurst, Jr. , 404 Vetters Lane , appeared on behalf of Weaver iiresidents who had presented a petition in opposition to the rezoning. Subdivision'11C . Joe Weaver, 1407 Willcoxon, owner of the property, appeared and ;,;explained to the Council why the rezoning had been requested. He I ,,stated that parking, in his opinion was the main objection by the l'iresidents . - - - - - - - - - - - - Public 1A public hearing was held to rezone property located at 515 East Hearing 1IHigh Street, 512, 514, 516, 518 and 522 East Capitol Avenue to "H" Medical Business, and that a Special Permit be granted to construct the Arts libuilding over the alleyway. Building ,lThere was no opposition. - - - - - - - - - - - - Public ! public hearing was held in regard to the rezoning of land on Hearing !Ellis Blvd. (near Tanner Bridge [toad) from "A-V Single Family to Ellis B. Multiple Dwelling. near ±There was no opposition. II Tanner - - - - - - - - - - - - Bridge 1jA public hearing was held in regard to granting a Special Permit to Public ioperate a beauty salon at 428 Christopher Place, being Lot No. 11 Hearing jiof Weavers Subdivision . Special �Ihere was no opposition. Permit iI - - - - - - - - - - - - ne following bids were received for the construction of sewers in Opening !Sewer District No. 116 "A": of BidsI I E. G. (Duke) Linhardt Construction Co. , Inc. , $ 7 ,008-94 Sewer Roy A. Scheperle Construction Co. , Inc . , 60271.49 District ; Markway Excavating 5,853.03 116"A" Councilman Borgmeyer moved that the Council accept the low bid, subject to the approval of the Director of Public Works. The motion passed. Appointment Mayor Christy presented-the-following-t; the Council: Deputy Police I have the honor to transmit herewith, for your consent and approva Court the following appointment to office: Clerk. Mary K. Robinson, 209 Olive, Jefferson City, Missouri, as ,!Deputy Police Court Clerk, effective September 3, 1970. icouncilman Scrivner moved that the appointment be approved. The "motion passed. - - - - - - - - - - - - Appointment ayor Christy presented the following to the Council: Janitress I have the honor to transmit herewith, for your consent and !I approval, the following appointment to office: Dora N. Washington, 906 East Elm Street Jefferson City, i6souri, as Janitress , effective September 4, 1970. (j 'Councilman Strong moved that the appointment be approved. The !Motion passed. - - - - - - - - - - - - Planninq request was received from Hugo P. Scbrimpf to rezone property and located at 328 Bolivar from "C Multiple Dwelling o "G" Commercial. Zoning e request was referred to the Planning and Zoning Commission. Comm. 7 - - - - - - - - - - - - 209, Regular Council Meeting,,.,_.5pp_tember 8. 1970. ----------- A request was received from Elmer Scbmutzler to rezone part of 1� Plannin Eastwood Acres Subdivision, Lots 8-9-10, from Residential to "D' I1 and Multiple Dwelling. !} Zoning 11 The request was referred to the Planning and Zoning Commission. j! Commission. - - - - - - - - - - - - A request was received from Roling Investment Co. , Inc . , to rezone Planning an area of 1735 Southwest Boulevard from "D" Multiple Dwelling to and "E" Local Commercial District. Zoning The request was referred to the Planning and Zoning Commission. ,, Commission The following communication was received from "John R. Hahn, Execu- tive Director, Missouri Oil Jobbers Association: !i' stop 1i Signs I wish to compliment whoever is responsible for the 4-way stop signd,� Madison- at Madison Street and Capitol Avenue. I think it is a very nice Capitol improvement and should be retained. !, Avenue. - - - - - - - - - - - - The following was received from the Housing Authority: lCondemnation Prior to local approval of the Progress Project the Commissioners lHousin� agreed that the Housing Authority would not condemn propertywithoutl City Council concurrence. We now seek concurrence in condemning iAuthor ty the two progrties described below and on the attached sheets . Parcel No. 0-4 Property Address : 303 Lafayette Street Owner: Andrew H. Ihler Owner Address: 319 Ash Street Parcel No. 29-18 Property Address: 302 Walnut Street Owner: Ralph Schroer, contract for Deed from Paul J. Kirchner Owner Address : Lohman, Missouri We believe that Mr. Jack Stringer, Real Estate Manager for the Housing Authority, has now made sufficient effort to purchase to Idetermine that negotiation will not be successful. We will, howeve iupon receipt of the concurrence to condemn, make one final effort t negotiate prior to exercising the right of eminent domain. Councilman Scrivner moved that the condemnation be approved. The motion passed. The following was received from James Ortmeyer, Construction (! Construction Inspector: 11 Inspector Please accept this letter as my request far military leave of- absence to being September 16, 1970. On September 3, 1970, 1 was I notified to report to active duty on September 17, for a period of 25 weeks to complete by active duty training for the Missouri Army National Guard. It is my hope to return to work with the City of Jefferson on completion of my active duty. m - - - - - - - - - - - Councilman Scrivner, Chairman of the Street Committee, presented Street the following report: I ommittee sport We recommend that the developers of Rolling Hills Subdivision be permitted to construct an 8" sewer line and to tie the same into the J. C. trunk line. We further recommend that construction be required to meet City construction standards and that the possibility of sharing the cost be investigated permitting larger diameter sewers to be installed, in the interest of the future development of Jefferson City. We also recommend that the request of vacating right-of-way on Rosewood Drive, as requested by Mr. Vetter and Mr. Schrimpf, be approved. We also recommend that the necessary Sewer District be formed to serve the Landwehr Hills area. Councilman Scrivner moved that the report be approved. The motion passed. Councilman Iuen, Chairman of the Public Utilities Committee, presented the following report: The Public Utilities Committee of the City Council recommends the following: Council ..Meeting,...S.eptember _8,-_l970.- .............. 111. Install 6800 lumen mercury vapor light on Maywood Drive. Public112. Replace existing lights on Ware Street with 6000 lumen mercury tilities'l vapor lights . Committeei:3. Replace existing light at 1909 Swifts Highway with mercury Report , vapor light. t4. Install 6000 lumen mercury vapor light on the pole beside the driveway at 210 Eastwood Drive. 15. Install a 6800 lumen mercury vapor light in the lley behind I Clark Avenue between Elm Street and Dunklin Blvd. , near man holc . 16. Install a 6800 lumen mercury vapor light on Payne Drive at creel: . I i (Councilman Iuen moved that the report be approved. Motion passed* - - - - - - - - - ReportPThe following report from the City Attorney was presented to the M.P.L. lCouncil: Rate i The Public Service Commission staff and all intervenors have Increase reached an agreement on the Missouri Power and Light Company proposed gas rates. This agreement is subject to the approval of the Public Service Commission. Under the stipulation and agreement that .is- adopted, the Missouri Power and Light Company will receive an increase in revenu in the amount of $610,000; this is a reduction of $335,000 from they rates proposed by the Missouri Power and Light Company. The average rate increase for gas users in Jefferson City will be 10.3%; some increases are as little as 4%. The average rate increase for the smaller outlying communities lwill be 17.3%; this means that these communities will pay an increased share for gas service, due to the fact that it costs more 'to serve these communities. As part of the agreement, the Missouri Power and Light Company 1has agreed that there will be no further rate increases until after October 1, 1972, unless the cost of gas is increased by the Federal !regulatory agencies . The proposed gas rates will be effective October 1, 1970. '!Councilman Iuen moved that the Council adopt stipulation and (,appropriate resolution be adopted. The motion passed. 11 - - - - - - - - - - - - lCouncilman Wells, Chairman of the Annexation Committee, presented ithe following report: Annexation The Committee has not met during the last month, however, this Committee report relates to the annexation hearing concerning the territory Report north of the river. The hearing was convened on August 31 and i adjourned, on September 2. 1 H The hearing was held in Fulton at the Callaway County Circuit iCourt with Judge George Adams of Mexico, Missouri, presiding. Jefferson City was represented by Attorney Robert Hawkins who presented sixteen witnesses for Jefferson City. This parade of (witnesses for Jefferson City included the Mayor and many department heads , plus others such as Homer Ferguson of Missouri Power and Light Company, Joe DeLong representing Jefferson City Chamber of Commerce, a representative of Harland Bartholomew and Associates, Mr. Leonard L. Wright of Westinghouse, Mr. Elliott Farmer and several others. The opponents of annexation were all residents of or landownerE in the area under consideration. While they protested the annexa- tion, they were not necessarily antagonistic and some admitted the value to them of the city services to the area. Attorney Whitlow, attorney for the opposition, has ten days to !! a reply. The attitude of the judge is unknown, but did not seem antagonistic to the annexation proposal. Attorney Hawkins feels that we can be optimistic and expect Ithat the annexation will be completed in October. Councilman Wells moved that the report be approved. Motion passed. - - - - - - - - - - - - Bill No. 26, introduced by Councilmen Scrivner and Kliegel, entitled: 1"An Ordinance of the City of Jefferson, Missouri, amending Bill 26 Ordinance No. 8177, The Parking and Traffic Code of the City of Stop on :Jefferson, by, installing a stop sign on Carol Street at Chestnut Carol - Street, and at Schellridge Road before entering the Country Club Schellridge Drive intersection." Road Read first time by title and ordered distributed to members of the Council. 204 . ------------- Bill No. 27, introduced by Councilmen Riner and Hager, entitled: "An Ordinance of the City of Jefferson, Missouri, changing, amend- ing and modifying the Zoning Map of the City of Jefferson, Missouri as incorporated n Ordinance 5880, by rezoning certain specifically Bill 27 described land. " Rezoning Read first and second time by title and on motion of Councilman Medical Riner, the rules were suspended and the Bill was read the third timd Arts by title and placed on final passage and was passed by the following Building vote, as Ordinance No. 8285: Councilmen voting Aye: Borgmeyer, Hager, Iuen, Kliefel,' Nacy Riner, Scrivner, Strong, Wells and Wiidhaber. Councilmen voting Nay: None Councilmen Absent: None. - - - - - - - - - - - - Bill No. 28, introduced by Councilmen Wildhaber, Scrivner and Bill 28 Riner, entitled: Special "An Ordinance of the City of Jefferson, Missouri, granting a special, Permit permit to operate a beauty salon at 428 Christopher Place. " Read first and second time by title and on motion of Councilman Wildhaber, the rules were suspended and the Bill was read the thirdil time by title and placed on final passage and was passed by the I following vote, as Ordinance No. 8286: Councilmen voting Aye: Borgmeyer, Hager, Iuen, Kliegel Nac Riner, Scrivner, Stron Wells and Wildhaber.! A Councilmen voting Nay: None Councilmen Absent: None - - - - - - - - - - - - Bill No. 29, introduced by Councilmen Kliegel and Borgmeyer, 1 Bill 29 entitled: I� Rezoning l"An Ordinance of the City of Jefferson, Missouri, changing, amend- 1i2l,06 ing and modifying the Zoning Map of the City of Jefferson, Missouri, Jefferson as incorporated n Ordinance 5880, by rezoning certain specifically Street. described land. " Read first time by title and ordered distributed to members of the ouncil. - - - - - - - - - - - - Bill No. 30, introduced by Councilmen Kliegel and Borgmeyer, Bill 30 .entitled: Rezoning "An Ordinance of the City of Jefferson, Missouri., changing, amend- Ellis Blvd. i and modifying the Zoning Map of the City of Jefferson, Missouri, at Is incorporated n Ordinance 5880, by rezoning certain specifically ; Tanner rdescribed land. " 11Bridge Mead first and second time by title and on motion of Councilman << Road. orgmeyer, the rules were suspended and the Bill was read the third (time by title and placed on final passage and was passed by the i ollowing vote an Ordinance No. 8287: ouncilmen voting Aye: Borgmeyer, Hager, Iuen, Kliegel, Nacy Riner, Scrivner, Strong, Welts and Wildhaber,, ouncilmen voting Nay: None Councilmen Absent: None - - - - - - - - - - - - Bill No 31, introduced by Councilman Borgmeyer, entitled: Bill 31. "An Ordinance of the City of Jefferson, Missouri, granting a Special special permit to the Roy A. Scheperle Construction Co. , Inc . , to Permit construct and operate a nursing home." ij Nursing Read first and second time by title and on motion of Councilman j Home Borgmeyer, the rules were suspended and the Bill was read the third !, time by title and placed on final passage and was passed by the it following vote, as Ordinance No. 8288: Councilmen voting Aye: Borgmeyer, Hager, Iuen, Kliegel, Nacy, Riner, ScrivnerStrong, Wells and Wildhaber,,; I Councilmen voting Nay: None Councilmen Absent: None Bill No. 32, introduced by Councilmen Kliegel ;nd Borgmeyer, Bill 32 entitled: lContract An Ordinance of the City of Jefferson, Missouri, authorizing the '1with Mayor and Clerk of the City to execute a contract with Jefferson Asphalt Company, Inc providing for the improvement of Dix Road Asphalt from Missouri Boulevard I southerly 600 feet, for the sum of $10,947.42. 11 Co. , Inc. Read first and second time by title and on motion of Councilman Kliegel, rules were suspended and the Bill was read the third is time by title and placed on final gassage and was passed by the following vote as Ordinance No. 829: Regular Council Mee .......... Councilmen voting Aye: Borgmeyer, Hager, Iuen, Kliee I' Nacy, Riner, Scrivner, Strong, Wells and Wildhabe Councilmen voting Nay: None Councilmen Absent: None Bill 33 Bill No. 33, introduced by Councilman-Wildhaber, entitled: Contract "An Ordinance of the City of Jefferson, Missouri, authorizing the , with Mayor and the Clerk to execute a contract with Paul R. Prost, D/B/A Paul R. Paul R. Prost, Builders , relating to the construction of a concrete Prost taxiway at the Jefferson City Memorial Airport." Builders. Read first and second time by title and on motion of Councilman Wildhaber, the rules were suspended and the Bill was read the third time by title and placed on final passage and was passed by the following vote, as Ordinance No. 8290: Councilmen voting Aye: Borgmeyer, Hager, Iuen, Kliegel, Nacy, Riner, Scrivner, Strong, Wells and Wildhabe Councilmen voting Nay: None Councilmen Absent: None - - - - - - - - - - - - Bill 34 Bill No. 34, introduced by Councilmen Kliegel and Borgmeyer, Improvement entitled: of Dogwood "'An Ordinance providing for the improvement of the roadway of Drive Dogwood Drive from Tower Drive to West Edgewood Drive in the City of Jefferson, Missouri, by curbing and guttering with Portland cement concrete and paving with asphaltic concrete. " Read first and second time by title and on motion of Councilman Borgmeyer, the rules were suspended and the Bill was read the third time by title and placed on final passage and was passed by the following vote as Ordinance No. 8291: Councilmen voting Aye: Borgmeyer, Hager, Iuen, Kliee I' Nacy idhaberl. Riner, Scrivner, Strong, Wells and Wi Councilmen voting Nay: None Councilmen Absent: , None - - - - - - - - - - - - Bill No. 35, introduced by Councilmen Riner and Borgmeyer, entitled: 1 "An Ordinance of the City of Jefferson, Missouri, amending Ordinanc Bill 35 No. 8251 imposing a tax for General Revenue purposes for all seller Amending1for the privilege of engaging in the business of selling tangible Sales Ipersonal property or rendering taxable services at retail, at the Tax rate of one (1%) per cent on the receipts from the sale, at - retail Ordinance of all tangible personal property or taxable services at retail within said City, if such property and services are subject to taxation by the State of Missouri under the provisions of Sections 144.010 to 144. 510, R.S .Mo. , pursuant to the authority granted by and subject to the provisions of House Committee Substitute for House Bill No. 243, passed by the 75th General Assembly of the State of Missouri, limiting the sales tax to sales of tangible personal property and taxable services made within the City of Jefferson." Read first time by title and ordered distributed to members of the Council. Councilman Riner moved that Bill No. 35 be referred to the Finance Committee. The motion passed. City Attorney Riley rendered the following opinion: At the request of Councilman Nacy, it is my opinion that the proposed ordinance- modifying the city sales tax is invalid for the following reasons: 1. House Bill 243 provides that before any city sales tax ordinance shall be effective it shall be submitted to the vote of the people. Therefore, any modification of ordinance 8251 must be submitted to the vote . of the people before it can become effective. 2. Whether or not this City has the power to tax goods destined for points outside the City is not a matter this City Council can decide. The only method for deciding this point of law is through a test case in circuit court. - - - - - - - - - - - - Bill 17 Councilman Strong called up Bill No. 17 from the Informal Calendar Zoning I and then placed it back on the Informal Calendar. Ord. - - - - - - - - - - - Councilman Iuen introduced the following Resolution: BE IT HEREBY RESOLVED by the City Council, City of Jefferson, Missouri, that the-Missouri Power & Light Company make the followin�! installation in accordance with recommendations presented to- the City Council by its Committee. on. Public Utilities and adopted by said City Council on September 8, 1970: Rekular.:Council --Meet na_September 8, 1970. 1. Install 6800 lumen mercury vapor light on Maywood Drive. 2. Replace existing lights on Ware Street with 6000 lumen mercury vapor lights. 3. Replace existing light at 1909 Swifts Highway with mercury Resolution vapor light. Street 4. Install 6000 lumen mercury vapor light on the pole beside the Lights driveway at 210 Eastwood Drive. 5. Install a 6800 lumen mercury vapor light in the alley behind Clark Avenue between Elm Street and 'Uunklin Blvd. , near manhole 6. Install a 6800 lumen mercury vapor light on Payne Drive at creek. Councilman Iuen moved that the Resolution be adopted. Motion passe Councilman Borgmeyer introduced the following Resolution: Resolution National WHEREAS, the National Cemetery, located between East McCarty Cemetery. and Miller Streets and Chestnut and Locust Streets, in the City of Jefferson, Missouri, is the final resting place for many servicemen from this area; and WHEREAS, this Cemetery no longer has space available; and WHEREAS, there is no other National Cemetery in this area; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI That the Federal Government is encouraged to take the necessar, steps to extend the boundaries of said National Cemetery from Milleli Street south to the Rex M. Whitton Expressway, and that the City of Jefferson, through the Housing Authority and other Departments of the City Government, cooperate with the Federal Government in every way toward attaining this end. Councilman Borgmeyer moved that the Resolution be adopted and that copies be sent to the American Legion, V.F.W. , Congressman and Senators. The motion passed. Councilman Scrivner introduced-the-following-Resolution: BE IT RESOLVED by the City Council of the City of Jefferson, Resolution Missouri, that the City Attorney is hereby requested to institute Delinquent all necessary legal action to collect the delinquent sewer taxes Sewer from the listed persons. Taxes . The City Clerk is authorized to notify, by registered letter, each person on the attached list, that the City Council has authorized suit for the collection of their accounts. Wesley Lammers 615 W. Water -Street Maude Loethen 803 W. High Street W. 0. Neeley 805 W. High Street Frances Shryock 1831 W. McCarty Street Raymond Ponders, Sr. 310 Hart Street James H. Nevins 313 Hart Street G. Leon Roark 709 Ohio Street Fashion Laundry 605 Mulberry Street Shirley Ann Deppe 118 Monroe Street William W. Wagner 101 N. Grant Street Clayton Bainer 1402 Cottage Lane Dewey Shoults 615 Houchin Street Bill Green 1203 Bald Hill Road Mary Ellen Logan 926 a E. Miller Street Elmer H. Turner 914 E. Miller Street Joann Brown 507 Cherry Street Lee T)avis 620 b rear E. Miller Street Thomas C . Thomas 626 School Street Bell Coffey 618 School Street Charles W. Wnn 820 E. McCarty Street L. Marvin Landrum, Jr. 700 a E. High Street Carl Rollins' 610 b E. McCarty Street Vella Wade 501 Marshall Street Elmer Galbreath 517 E. Dunklin Street Ioma Johnson 224 Cedar Avenue Ramada Inn Highway 54 South Sherman Hayes c/o Capital Machine Shop 101 Monroe Street Myrtle C rk 800 E. Elm Street Charles E. Grant P. 0. Box 842 Col,ancilman Wildhaber moved that the Resolution be adopted. Motion Alpaseedt Restular_Cou c S n J J Meeting. e b r Missouri souri Councilman Strong moved that the Council go on record favoring Univ. action of Board of Curators and Dr. Weaver, President, Missouri University. The motion passed. Parking Councilman Riner referred the matter of two-hour parking on the and north side of the 400 block of West Main Street to the Parking and Traffic Traffic Commission. Comm. - - - - - - - - - - - - Parking Councilman Nacy referred the matter of the changing of "Stop" signs . and at Ellis and Rosewood to "Yield" to the Parking and Traffic Traffic Commission. Comm. - - - - - - - - - - - - Councilman Strong stated that he had received a communication from Trees Ralph Choate, 1132 E. Dunklin, in regard to the City cutting dead trees. - - - - - - - - - - - - Adjournment Councilman Riner moved that the Council adjourn, under the rules. The motion passed. - - - - - - - - - - -