INTRODUCTORY
The City Council of the City
of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday,
October 7, 1996, in the Council Chamber of the City of Columbia, Missouri. The
roll was taken with the following results: Council Members KRUSE, HARLINE,
HINDMAN, COBLE, JANKU, CROCKETT, and CAMPBELL were present. The
Acting City Manager, City Counselor, City Clerk, and various Departments
Heads were also present.
APPROVAL OF MINUTES
The minutes of the regular
meeting of September 16, 1996, were approved unanimously by voice vote on
a motion made by Ms. Coble and a second by Mr. Campbell.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING
CONSENT AGENDA
Having voted against it previously,
Mr. Janku made the motion to reconsider Rosecliff Gardens, Plat 2, as well
as the vacation of excess right of way for part of Garden Drive. The
motion was seconded by Mr. Harline and approved unanimously by voice vote.
B319-96 and B320-96 would
be added under Introduction and First Reading.
Mr. Janku added Report F,
under Reports and Petitions, regarding sidewalks on Route 763.
Upon her request, Mr. Campbell
made the motion to allow Mrs. Crockett to abstain from voting on B284-96
and B298-96. The motion was seconded by Mr. Kruse and approved unanimously
by voice vote.
The agenda, as amended, including
the Consent Agenda, was approved unanimously by voice vote on a motion made
by Ms. Coble and a second by Mr. Campbell.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B261-96A AMENDING
CH. 29 RE: REZONING NOTIFICATION FOR TENANTS.
The bill was read by the
Clerk.
The Acting City Manager noted
than an amendment sheet had been prepared.
Mr. Campbell said the proposed
amendment would add the sentence, that the petition shall also list, when
such information is reasonably available, the addresses of all residents,
including apartments and manufactured homes, within lines drawn parallel
to and 185 feet from the boundaries of the land proposed to be rezoned.
Mr. Campbell made the motion
to amend B261-96A per the amendment sheet. The motion was seconded
by Mr. Harline and approved unanimously by voice vote.
Mayor Hindman opened the
public hearing.
Kas Carlson, 1110 Willowcreek,
asked if the notices would be addressed to a particular person. Mr.
Campbell said they would just be addressed "resident" or "occupant". Mr.
Carlson said a lot of landlords hold to confidentiality on the names of their
renters. Mr. Carlson said this would empower the opinion of the renters
whereas before only the owners were empowered. Mr. Campbell said this
would simply give the renters the same rights as owners although they have
always had the opportunity to speak. Mr. Carlson said it was just last
month they fenced in rental units because we didn't like the way they looked
in some areas. He said one month we have to fence them in and the next
month they were giving renters their opinion on issues around them and how
they were being rezoned.
Mr. Harline said his reason
for voting in favor of the fencing was that people on both sides of that
fence have reasons for not wanting to be next to an arterial street without
some kind of barrier between them and the noise. In this case, he said
all they were saying was that it would help the democratic process to provide
notice to people who live within 185 feet of a proposed rezoning. He
said they were talking about preservation of neighborhood issues and some
times tenants have a vital stake in their neighborhood despite the fact that
they don't necessarily own a house in that area.
Mr. Carlson said he just
wondered how far this would be taken. He asked if maybe they should
carry it to the people that drive within so many feet of it to work every
day because they would have to look at it.
Mr. Kruse asked if Mr. Carlson
was speaking in opposition to the amendment as well. Mr. Carlson said
he was.
Steve Wendling, 3703 Watts
Drive, said he was responsible for management of and ownership of rental
property. He said that tenants do have a lot of rights and that they
could read the newspaper as well as anyone else. He said he was against
the ordinance.
Mr. Kruse asked Mr. Wendling
if he was in support of the current policy which requires notification of
property owners within 185 feet. Mr. Wendling said he was. He
said with this he felt they were opening up a logistics nightmare. He
wasn't against anyone giving their opinion.
Mayor Hindman closed the
public hearing.
Mr. Campbell felt that the
amendment, adding reasonably available, would relieve some of the legal and
other problems that were raised last time.
Mr. Kruse asked who and how
they would determine if it was reasonably available or not.
Mr. Janku said he saw the
language as being close to the phrase "reasonably distributed" which they
have had problems with. He said that was supposed to be flexible and
workable and it had turned out to be the exact opposite.
Mr. Hancock said the amendments
to paragraph four would put the burden on the applicant to provide the information. He
said any omissions or delays could hold up the application. He said
about the only source for information would be the Polk City Directory, and
if people list it as having been their source they would check it as best
they could.
Mrs. Crockett asked how old
the information was in the City Directory. Mr. Hancock said it could
be as much as eleven or 12 months old. He said the names would change,
but the addresses wouldn't change as much unless there were additions of
rental units or where they were further subdivided into other units.
Mayor Hindman said he was
concerned about this and that he recognized the argument about tenants being
regular human beings with ordinary rights that we give to anybody else. He
pointed out that the City does a lot more than just meet due process which
is fundamental fairness in our law as it is. He said there isn't anything
required beyond posting the property and probably putting an ad in the paper. He
said as a gesture toward ultra fairness they have been requiring that the
applicants bring in the names of all owners within 185 feet of the boundaries. He
said another point for sending notice to the owners was that there tended
to be a certain number of absentee owners who will not see the notices because
they wouldn't see the newspaper and wouldn't be passing the property. In
the case of tenants, he said there were different problems because there
was no standard way of updating tenant lists and it would be difficult to
figure out what was within 185 feet of the boundary lines in many cases. He
said most tenants usually reside on the property and they would be capable
of seeing the signs and so forth. He said it wasn't a case of treating
tenants as second class citizens. He thought there was a practical
reason to consider the classification. He suggested a way of remedying
this would be to require significantly larger signs than what we use right
now. He said we could require that they be conspicuously posted and
even grant the privilege of putting them out on the right of way so that
people will see them clearly. He recommended that the signs be 2 feet
by four feet and owned by the City with a distinctive logo. He said
they could put the same thing on the signs that the realtors use like "take
one" boxes. He said the boxes could contain copies of the advertisement
run in the newspaper. He thought that would reach the neighborhood
better than anything else we might do. He was afraid that this ordinance,
as amended, would cause trouble.
Mr. Campbell said he was
supportive of larger signs because the signs used now were certainly not
readable unless one walks up to them. Regarding the amendment, he said
we do have a list like the Polk City Directory which is updated annually. He
said everyone would have to go by the listing of the addresses regardless
of whether they are owner or rental occupied. He explained that what
they were saying here was that people who live at these addresses may change
but the addresses would not change.
Mayor Hindman said he didn't
think people would be able to tell what apartments would be within 185 feet. Mr.
Campbell said they would have that same problem the other way. Mr.
Harline said there would be some difficulty when the 185 feet line goes right
through the middle of an apartment complex. Other than that, he said
the difficulties would be minor. He said there was no requirement that
signs be put on properties now so that would require a change and some money
to come up with signs. He said they would have to put up multiple signs
on properties with more than one street frontage. He pointed out that
they were talking about addresses and not tenant names. He said the
addresses should be readily available. Mr. Harline also pointed out
that they had a year to work out the details. He said posting the properties
with large signs and the "take one" notices would certainly be an improvement. He
saw this as a further step in encouraging people to participate in their
government.
Mr. Janku said he thought
this would bring battles before the Council about whether or not things had
been reasonably done. He said it would be a side issue to a rezoning
issue. He noted that neighborhood associations were being notified
and said if tenants were active in their group they would get notice. He
said there were different ways tenants were getting information already.
Mrs. Crockett said they were
talking about the rights of renters and asked about the rights of the property
owners. She said the owners were the people who stand to lose or gain
by what the renters come down and say before the Council. She said
if any renter at any time wants to speak to the Council they listen to them. She
asked how many people had come to the podium as renters to express their
concerns about the way a piece of property was going to be rezoned. She
said she had no problem with the signage being beefed up, but did have a
problem with going to the expense of mailing out all of the information. She
said when she receives mail addressed to "occupant" she throws it out. She
said the property owner is the one left with the consequences of the rezoning.
Mr. Kruse said he thought
the same kind of encouragement should be given to people who own property
or don't own property to participate in their government. He said he
just wasn't convinced that this was a good strategy to accomplish that. He
thought there would be some administrative problems. He suggested they
think of other strategies like the enhanced signage and then maybe if an
eviction was involved the other notification could kick in. Mr. Kruse
said at this point he didn't think he could support it, but thought they
shouldn't stop talking about it. He felt they needed to do a better
job of informing all people about these kinds of things.
Mr. Campbell agreed with
Mr. Kruse, but he was fearful that they would talk this one to death and
nothing else would happen. He said then they would have another mini
crisis come up and bring it back up again.
Mayor Hindman said he was
ready to ask the staff to prepare an ordinance for increased signage with
a "take one" box attached and some requirements for a more visible display.
Mr. Kruse said he thought
if someone was going to lose their home whether they are renting or buying
there was a special situation there.
Mr. Campbell said that would
be very difficult. He said he could support the other points, but not
to try to define when a person would be likely to lose their home as a result. Someone
brought up the tenants on the property to be rezoned. Mayor Hindman
said they may be able to design something around that as opposed to 185 feet.
Mr. Campbell made the motion
that B261-96A, as amended, be tabled and that a substitute motion be prepared
that would address the questions that have been raised. The motion
was seconded by Mr. Harline and approved by voice vote.
B284-96 APPROVING "THE
CATTAILS" PUD SITE PLAN AND REDESIGNATING THE PROPERTY
PUD-5.
The bill was read by the
Clerk.
Mr. Sanford explained that
this ordinance would rezone from R-1 PUD to PUD-5 a 3.85 acre tract at the
corner of Forum and Canterbury. He noted that it had been tabled from
the last meeting.
Mayor Hindman opened the
public hearing.
Tom Schneider, an attorney
with offices at 11 N. Seventh Street, spoke on behalf of the applicants. He
explained that this had been tabled from the last meeting at the request
of the Woodrail Homeowners Association. He said they had agreed to
table and meet with the group. He said since then the Association Officers
had reported back that they have no objections to the application. He
said the original zoning in 1990 allowed three buildings consisting of four
units each, for a total of 12 units. He said this was a modest increase
and they were now requesting four buildings with sixteen units be permitted. He
said the reason was the market. They felt there was a substantial stock
of larger, more expensive condos in the Country Club area; however, he said
not everyone needs a large condo like the Villas. He said not everyone
could afford a condo of that size. He said they felt going to smaller
units and focusing on the market of unmarried professionals or widows and
widowers who would like to live near the Club would be a much more appropriate
market niche. He said this was a classic example of the planned unit
development concept with the property such that by going with PUD it would
be much easier to develop and at the same time maintain all of the natural
features. He said there was very dense natural foliage at the north
end of the property in excess of 150 mature trees. He said all of them
would be untouched and basically the development would be on the south one-third
of the property. He said the incremental impact of going from three
buildings to four buildings would be absolutely negligible. They felt
the new plan offered at least three advantages -- the landscaping incorporated
into it is approximately four times that required by ordinance as there will
be about 300 new trees, shrubs, and bushes planted in addition to the voluntary
landscaping one of the applicants did along Forum Boulevard several years
ago; the setbacks of the buildings are better on this plan than what they
were on the previous plan; and by targeting a different niche in the market
place the applicants feel they can do a better quality development with the
additional revenues.
Mr. Campbell asked to have
the previous plan displayed. He said at the time it had been proposed
there had been considerable neighborhood concern expressed by the people
living on Canterbury. He asked if there had been similar concern about
this plan. Mr. Schneider said there had been one speaker at the Planning
and Zoning Meeting who resided on Canterbury. He said there were also
two individuals present who reside on Shoreside Drive which he said was not
visible from this site. He said they were basically in opposition and
were not members of the Association.
Mr. Kruse asked Mr. Schneider
if he was referring to the pear trees when he mentioned the donated trees. Mr.
Schneider said he was. Mr. Kruse said he thought the trees were on
private property. Mr. Schneider said that may be correct; he was just
saying that was voluntary landscaping that Mr. Wilkerson provided.
Mr. Harline asked if an agreement
had been reached with the neighborhood. Mr. Schneider said he wasn't
sure he would describe it as an agreement. He said the group had asked
to meet with them and they had. He said the next morning the President
of the Association called and said the officers had no opposition to the
proposal.
Mayor Hindman asked if there
would be any way to get a sidewalk extension going from the southwesternmost
building onto Forum. He said the way it stands now they would have
to go through the parking lot and then down Canterbury to Forum. Mr.
Schneider said he saw no reason why that couldn't be done.
Mayor Hindman closed the
public hearing.
Mr. Campbell said if ever
there was a site that called for a PUD this was it.
Mr. Kruse asked if these
would be condominiums. Mr. Schneider said they would.
Mr. Janku agreed with Mr.
Campbell. He said a lot of times they see PUD's that don't dedicate
a fair amount of natural area whereas this one has a significant amount of
land set aside. He asked if anything needed to be done with respect
to the sidewalk. Mayor Hindman said he didn't think they had any right
to require it. Mr. Janku noted that it was a PUD. Mr. Kruse said
he wanted to make sure it wouldn't interfere with their landscape plan. He
said he wouldn't want to see what is essentially a front porch of one of
the buildings become a sidewalk. He said it wasn't as though they had
a very long way to go to get to the sidewalk on Canterbury which would get
them to Forum. He said if anything it should come out of the parking
lot if at all. Mr. Campbell said they would be doing it for one building
only.
Mayor Hindman asked if they
could do it without the City requiring it so it would be up to them as to
whether or not they do it. He said he was just making a suggestion. Mr.
Hancock replied yes. He said they would take care of it at staff level.
B284-96 was read with the
vote recorded as follows: VOTING YES: KRUSE, HARLINE, HINDMAN,
COBLE, JANKU, CAMPBELL. VOTING NO: NO ONE ABSTAINING: CROCKETT. Bill
declared enacted, reading as follows:
B291-96 AUTHORIZING
CONSTRUCTION OF THE CART PATHS AT L.A. NICKELL AND LAKE
OF
THE
WOODS GOLF COURSES.
The bill was given second
reading by the Clerk.
Mr. Sanford noted that the
1997 budget included $350,000 for this project. Funding sources include
$165,000 from the golf course improvement fund, $80,000 from the recreation
service fund, and $105,000 from the designated loan fund. He said the
latter would be paid back over a period of two years from user fees.
Mr. Harline asked where watered
fairways came into these improvements. Mr. Green said two years ago
when they raised the fees they earmarked a portion of the fees to go to this
golf course improvement fund. At that time, he said they had done a
survey of golfers and overwhelmingly the number one request was for paved
cart paths. He said this would also allow more golfers to be on the
course and in turn would raise more money through the golf course so that
watered fairways may come a little earlier. He said that would probably
be a $1 to $1.5 million project.
Mr. Janku noted that this
would be done by bringing in a special piece of equipment. He asked
if it would be to our benefit to own one of these special machines so it
could be used in other park projects and street projects. Mr. Green
said he didn't know what the cost would be.
Mr. Kruse asked if they had
decided on concrete versus asphalt because of the cost and the maintenance. Mr.
Green said it was basically because of the maintenance.
Mayor Hindman opened the
public hearing.
There being no comment, Mayor
Hindman closed the public hearing.
B291-96 was given third reading
with the vote recorded as follows: VOTING YES: KRUSE, HARLINE,
HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B292-96 AUTHORIZING
PAYMENT OF DIFFERENTIAL WATER MAIN COSTS FOR A 12- INCH
WATER
MAIN TO SERVE HUNTERS GATE, PLAT 2.
The bill was given second
reading by the Clerk.
Mr. Sanford explained that
this was a straight forward issue for a regular water main extension. The
total expenditure would be $23,268.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B292-96 was given third reading with
the vote recorded as follows: VOTING YES: KRUSE, HARLINE, HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B299-96 ESTABLISHING
PERMANENT ZONING ON RECENTLY ANNEXED PROPERTY SOUTH
OF
WEST BROADWAY.
The bill was given second
reading by the Clerk.
Mayor Hindman noted that
the applicant had requested that this item be tabled to the November 18 meeting. He
said since the public hearing had already been advertised for this evening
they would allow anyone wanting to speak the opportunity to do so.
Mr. Hancock pointed out that
they had received a protest petition although it wasn't a valid petition
because it didn't reach the 30% threshold. He said this had been brought
in following annexation of the property. He said the Day's had requested
R-3 and R-2, but the Commission failed to make a recommendation to the Council
on a 4-4 vote. Mayor Hindman opened the public hearing.
Mr. Campbell made the motion
that B299-96 be tabled to the November 18, 1996, meeting. The motion
was seconded by Mr. Janku and approved unanimously by voice vote.
OLD BUSINESS
B287-96 AUTHORIZING
FORCE ACCOUNT LABOR FOR CONSTRUCTION OF THE BEAR CREEK
TRAIL,
PHASE 1; AND CALLING FOR BIDS FOR A PEDESTRIAN BRIDGE FOR THE
PROJECT.
The bill was given second
reading by the Clerk.
Mr. Sanford explained that
the bridge portion of this project would be bid out and the remainder of
the work would be done using force account labor. The estimated cost
was $117,000 with a little more than half coming from federal funds.
Mr. Patterson noted that
this bill needed to be held because the public hearing would be held at the
next meeting and the ordinance authorizing the work would follow the public
hearing and public comment.
B289-96 CALLING
FOR BIDS FOR THE COATS STREET AND FAIRVIEW AVENUE STREET
IMPROVEMENT
PROJECT.
The bill was given second
reading by the Clerk.
Mr. Sanford noted that the
estimated cost was $285,000 with funds coming from CDBG monies and tax bills.
Mr. Janku said this improvement
had been long awaited by this neighborhood and the individual property owners
had submitted a petition requesting that the work be done.
Mayor Hindman thought this
was the project where several trees would have to come down as a result of
the project. He was hopeful trees would be planted to replace them. Mr.
Janku said he thought that had been discussed at the public hearing. He
said they generally make tree replacements available. Mr. Patterson
said that was correct. He said in this particular project there was
a 40-foot right of way. He said they had originally planned to put
a sidewalk on one side where they would leave room to preserve some of the
existing trees, but it had been decided that a sidewalk was needed on both
sides which necessitated the removal of several more trees. He said
when they take trees they typically make it part of the taking and offer
to replace or pay for them. He said if they pay for them in the right
of way acquisition they don't compensate twice with replacement of a tree.
Mayor Hindman asked if the
owners were willing to give the space to do it if the sidewalk could be moved
in closer to the property so as to go around the trees. Mr. Patterson
said that wouldn't be practical in this situation because the houses are
located very close to the street.
B289-96 was given third reading
with the vote recorded as follows: VOTING YES: KRUSE, HARLINE,
HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B295-96 ESTABLISHING
CH. 15 RE: WARRANT COSTS.
The bill was given second
reading by the Clerk.
Mr. Sanford explained that
from time to time the Municipal Court issues arrest warrants for individuals,
usually for failure to appear. For the last ten years he said the fee
has been $20 and the proposed change would increase it to $35 with the estimated
increase to be about $12,000 annually.
Mr. Campbell asked if the
increase would cover the cost or if it was more of a token increase. Mr.
Sanford said he didn't know, but guessed it would not cover it. He
didn't think they could do the paper work and get it served for $35. Mr.
Boeckmann agreed. Mr. Campbell asked why they hadn't raised it to what
it would cost since these are law breakers that didn't bother to appear.
Mr. Campbell made the motion
that B296-96 be tabled in order for his questions to be addressed. The
motion was seconded by Mr. Janku and approved by voice vote.
B296-96 ESTABLISHING
A FUND FOR SMALL BUSINESS LOANS USING CDBG FUNDS.
The bill was given second
reading by the Clerk.
Mr. Watkins explained that
this program had been brought to the Council several months ago, and Mr.
Hancock's staff had done an excellent job in negotiating with the HUD folks
in getting all of the details worked out. He said they were prepared
to move forward with it. He pointed out that Tina Sterling, the Loan
Officer, was also present to answer any questions.
Ms. Coble asked Mr. Watkins
to detail the structure of this new program. Mr. Watkins explained
that this is a national SBA program for micro loans of less than $25,000. He
said we will establish our own loan board here and we would be able to use
Community Development Block Grant money to leverage a sizable amount for
a $150,000 loan pool of SBA funds for these small businesses. In the
agreement, he said the loaning administrators have agreed to aggressively
market it to minorities which is about as affirmative as they could get in
today's environment.
Mr. Janku understood that
the loan funds could be recycled. He asked how that would occur. Mr.
Watkins explained that as loans are paid off the repayment becomes available
again to reloan.
Mr. Harline said he thought
this was an excellent program and he was glad it was going to work out. He
thanked Mr. Watkins and Mr. Hancock and his staff.
B296-96 was given third reading
with the vote recorded as follows; VOTING YES: KRUSE, HARLINE,
HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B298-96 FINAL
PLAT OF MEADOWLANDS, PLAT 12.
The bill was given second
reading by the Clerk.
Mr. Sanford explained that
this property was located in the northeast quadrant of the City and would
create 17 R-2 lots and 18 R-1 lots. He noted that the plat met the
Subdivision Regulations and conformed to the preliminary plat which the Council
had already approved.
Mr. Harline asked about the
designation of Rice Road on the major Thoroughfare Plan. Mr. Hancock
said it was a collector street.
B298-96 was given third reading
with the vote recorded as follows: VOTING YES: KRUSE, HARLINE,
HINDMAN, COBLE, JANKU, CAMPBELL. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Bill
declared enacted, reading as follows:
B301-96 AUTHORIZING
AN AGREEMENT FOR LEASE AND LEASE OF PROPERTY AT FIFTH AND
CHERRY
TO HEALTH ADVENTURE CENTER.
The bill was given second
reading by the Clerk.
Mr. Sanford noted that the
staff had been working with the Health Adventure Center Advisory Board for
some period of time. He said the ordinance had been originally introduced
with a blank for the term of the agreement and that the City Manager was
recommending that the blank be changed to 99 years.
Ms. Coble asked how much
capital and how much operating funds have been raised and committed to this
project. Ann Cohen, Chair of the task force, said they were unable
to raise money without a location and they didn't have funds currently in
the treasury to begin the process. She said she understood the lease
agreement to be that they have two years to begin construction from the time
the lease is executed. She said they had engaged fund raising counsel
and have the plans in place to raise the monies. She said they would
begin that after they know they have a location and they could go to funders
and tell them they have a place to build it. Ms. Coble asked if they
had any preliminary commitments. Ms. Cohen said they had spoken to
some funders who are waiting for the commitment from the City before they
are willing to put their money forward.
Mr. Kruse asked Ms. Cohen
if she was feeling confident. She said she was feeling very confident
and thanked the Council and staff for their involvement in the process.
Mrs. Crockett asked if she
understood they had no money committed at this time. Ms. Cohen explained
that they had raised $100,000 and had used it to develop a master plan, to
determine how much space they would need, set up a master plan for the exhibits,
have done a business plan to determine the feasibility for the facility,
engaged fund raising counsel, and designed an emergency medicine exhibit. She
said they had done all of the preliminary work they could short of designing
the building because they needed a site.
Mr. Harline understood that
the City could terminate the lease if they were not ready to build in two
years.
Ms. Coble said in the context
of fund raising it was not necessarily unusual to have funds committed to
a development prior to site selection. She asked if the wording in
the agreement -- negotiating a lease agreement for a medical museum -- would
have any binding affect on the City or on the activities of the Health Adventure
Center. She said it had been identified as more of a specific children's
focus. Ms. Cohen said they refer to it as a health education center,
but a medical museum was a term that had also been applied to it. She
said it didn't have a focus only for children; it would be for people of
all ages. She said they were satisfied with the term and knew that
the intent was that it would be something that would be health related. She
said it wouldn't be a group of dusty collections of old things, but it would
be an active center.
Mr. Janku made the motion
to amend B301-96 per the amendment sheet. The motion was seconded by
Mr. Harline and approved unanimously by voice vote.
B301-96, as amended, was
given third reading with the vote recorded as follows: VOTING YES: KRUSE,
HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO
ONE. Bill declared enacted, reading as follows:
CONSENT AGENDA
The following bills were given second
reading and the resolutions were read by the Clerk.
B288-96 AUTHORIZING
FUNDING AGREEMENTS FOR THE HINKSON CREEK TRAIL PHASE I
PROJECT,
AND THE BEAR CREEK TRAIL PHASE II PROJECT.
B290-96 AUTHORIZING A CONTRACT FOR TRANSIT OPERATING FUNDS.
B293-96 ESTABLISHING RATES FOR WATER SERVICE AT COLUMBIA REGIONAL AIRPORT.
B294-96 ACCEPTING CONVEYANCES FOR WATER UTILITY PURPOSES.
B297-96 FINAL PLAT OF VALLEY VIEW SOUTH, PLAT 1.
B300-96 AUTHORIZING CONTRACTS FOR CHILD CARE ACCREDITATION ASSISTANCE.
R141-96 SETTING
A PUBLIC HEARING RE: DIFFERENTIAL WATER MAIN PAYMENT FOR
BEDFORD
WALK, PLAT 6.
R142-96 AUTHORIZING
RENEWAL OF A CONTRACT WITH THE DEPARTMENT OF HEALTH TO
CONTINUE
THE WIC FOOD PROGRAM.
R143-96 AUTHORIZING AN AGREEMENT WITH COIN.
The bills were given third reading and the resolutions read with the vote recorded as follows: VOTING YES: KRUSE, HARLINE, HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R144-96 AUTHORIZING
CONTRACT WITH HORNER & SHIFRIN FOR PLANNING SERVICES FOR
THE
BENTON STEPHENS NEIGHBORHOOD.
The resolution was read by
the Clerk.
Mr. Hancock explained that
this was the end of the first phase of the process of developing a master
plan in an overlay district for Benton Stephens. He said the contracts
had been brought to the Council in August and they were now ready to enter
into a contract with Horner & Shifrin.
The vote on R144-96 was recorded
as follows: VOTING YES: KRUSE, HARLINE, HINDMAN, COBLE, JANKU,
CROCKETT, CAMPBELL. VOTING NO: NO ONE. Resolution declared adopted,
reading as follows:
R145-96 APPOINTING
JOHN WHITESIDE MUNICIPAL JUDGE.
The resolution was read by
the Clerk.
Mr. Sanford explained the
formal selection process the Council went through before making this appointment.
Mayor Hindman pointed out
that they had some very fine applicants for this position and that it had
been a tough decision to make. He thanked everyone who applied for
the position. Mayor Hindman said that former Municipal Judge, Leslie
Schneider, had done an excellent job.
The vote on R145-96 was recorded
as follows: VOTING YES: KRUSE, HARLINE, HINDMAN, COBLE, JANKU,
CROCKETT, CAMPBELL. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B302-96 ACCEPTING
CONVEYANCES FOR UTILITY PURPOSES.
B303-96 AUTHORIZING
AMENDMENT #10 TO THE SVERDRUP CONTRACT, AND
APPROPRIATING
FUNDS.
B304-96 ASSESSING
SPECIAL TAXES FOR ABATEMENT OF WEED NUISANCES.
B305-96 AUTHORIZING
A BUILDING PERMIT TO BE ISSUED FOR A RESIDENTIAL STRUCTURE.
B306-96 APPROVING
A SUPPLEMENTAL LEASE AGREEMENT AUTHORIZING ROOF REPAIR ON
NORTH
TERMINAL COMPLEX AT THE AIRPORT AFTER REMOVAL OF WEATHER RADAR
DOME,
AND APPROPRIATING FUNDS.
B307-96 APPROVING
RIGHT OF USE PERMIT FOR ROYAL HERITAGE DRIVE RIGHT OF WAY.
B308-96 AMENDING
CH. 14 OF THE CITY CODE RE: PARKING ON BERRYWOOD DRIVE.
B309-96 AUTHORIZING
AN AGREEMENT WITH SHAFER, KLINE & WARREN FOR DESIGN OF THE
BEAR
CREEK TRAIL PHASE 2 PROJECT. (INTRODUCED BY JANKU.)
B310-96 AMENDING
ORDINANCE NO. 14968 RENAMING PARK DEVILLE DRIVE TO BROADFIELD
DRIVE.
B311-96 FINAL
PLAT OF LOVEALL SUBDIVISION.
B312-96 FINAL
PLAT OF BROADWAY FARMS, PLAT 14A.
B313-96 FINAL
PLAT OF BETHEL MANOR, PLAT 3.
B314-96 FINAL
PLAT OF BEDFORD WALK, PLAT 5.
B315-96 VACATING
EASEMENTS IN LOT 195 OF BROADWAY FARMS, PLAT 13.
B316-96 VACATING
A UTILITY EASEMENT IN LOT 16 OF MILES MANOR, BLOCK 1.
B317-96 AUTHORIZING
PAYMENT OF DIFFERENTIAL WATER MAIN COSTS FOR AN 8-INCH
WATER
MAIN TO SERVE BEDFORD WALK, PLAT 6.
B318-96 AMENDING
CH. 19 OF THE CITY CODE RE: PERSONNEL POLICIES, PROCEDURES,
ETC.
FOR TEMPORARY EMPLOYEES.
B319-96 FINAL
PLAT OF ROSECLIFF GARDENS, PLAT 2.
B320-96 VACATING
EXCESS RIGHT OF WAY FOR PART OF GARDEN DRIVE.
REPORTS AND PETITIONS
(A) TREE
BOARD REQUIRED FOR "TREE CITY" DESIGNATION.
Mr. Watkins explained that
this Board was required for our application for a Tree City designation which
will provide additional grant funds for trees. He noted that the application
is due in December. He suggested a task force to get the plan initially
going. He said they would come back with legislation at the next meeting
for Council consideration.
Mr. Janku said a time frame
had been given when they talked about the Historic Preservation Commission. He
suggested a time frame for at least bringing back an initial report in terms
of priority items. Mayor Hindman made the motion that staff
be directed to prepare the appropriate legislation calling for a Tree Board
Task Force that would work on a street tree and landscaping plan for the
City of Columbia and report back to the Council within six months. The
motion was seconded by Mr. Janku and approved unanimously by voice vote.
(B) ALAN
LANE - PETITION FOR TAX BILL STREET IMPROVEMENTS.
Mr. Patterson explained that
a petition had been received for improving Alan Lane to improved standards. He
said although there was only one signature on the petition it represented
61% of the total abutting footage. He said if the Council wished to
proceed with the upgrade of this street the next step would be for the staff
to proceed with enough detailed information to conduct a public hearing to
determine if the project should proceed.
Mr. Campbell made the motion
that the staff be directed to proceed. The motion was seconded by Mr.
Harline and approved unanimously by voice vote.
(C) WESTRIDGE
DRAINAGE PROJECT LANDSCAPING.
Mr. Patterson explained that
this was a follow up report to previous discussions before Council. He
said they had been directed to prepare some alternatives to proposals for
landscaping. He said they had done that and they had also met with
the property owners again to discuss the plans in detail. He said their
recommendation this evening was for additional mid-channel planting in an
effort to address the neighborhood concerns. He said they felt there
was a consensus on what would be desirable in the neighborhood and that they
had estimated, in addition to the $5,800 originally proposed, than for an
additional $7,000 they could accommodate most, if not all, of the desires
of the residents of that area. It was their recommendation to proceed
with the project on two conditions. One was that they proceed based
on any additional easements required for planting the materials be furnished
at no expense to the City and, secondly, that written waivers prepared by
the City Law Department be furnished from all property owners adjacent to
this portion of the channel. He said the waiver would agree that once
the landscaping was in place and subject to the warranty that would be required
as part of the project, then the City would no longer be held responsible
for any additional landscaping or the continuation or maintenance of the
landscaping that would be put in place. He said if Council authorized
the staff to proceed, the next step would be to prepare such an agreement
and have it brought back to the Council with information from the property
owners as to the acceptability of the proposal. He said at that point
they would hope to have the project ready for planting in the spring of 1997.
Mike Goldschmidt, an architect
with offices at 15 Hitt Street, said he had talked to the neighborhood about
a couple of different things. He said the neighborhood has a strong
desire to understand the maintenance of the plants. As part of the
agreement, he said he thought it would be important to add the maintenance
instructions from the City's Arborist. He said that way, after the
one year warranty, the neighborhood would be very clear as to what the typical
maintenance would be on the plants. Mr. Goldschmidt said there were
a number of property owners who have property that is on the opposite side
of the channel from their houses and major portions of their yards. At
the meeting, he said they had talked about filling in those areas. He
asked if that had been done on the design. Mr. Patterson said the people
were told at the meeting that the City's Arborist had been meeting with the
people there. He added that the condition of this whole concept was
that if the people have agreed to the planting plan it would have to be done
prior to having the agreement back to the Council. He said the idea
was to get authorization from the Council to go ahead with the project to
fill in the gaps. Mr. Goldschmidt asked if he felt comfortable that
the $7,000 would fill in the gaps. Mr. Patterson said he did.
Cindy Jones, County House
Branch Neighborhood Association President, thanked everyone for working with
them.
Mr. Campbell noted that Ms.
Jones had spent hundreds of hours on this project. He said she and
the neighborhood association deserved much credit for having worked their
way through this whole process.
Mr. Campbell made the motion
that the staff be directed to proceed. The motion was seconded by Ms.
Coble and approved unanimously by voice vote.
(D) LANDSCAPE
ISLANDS - SOUTH PROVIDENCE.
Mr. Patterson noted that
it had been determined that the islands are owned by the Missouri Highway
Department. He said they had written a letter to them asking for confirmation
of that and also asking for information as to what they would do to participate
in getting the area where the property owners adjacent would be willing to
adopt them and improve the landscaping. He said their discussions with
the property owners indicate that they would be desirable of doing this if
the Highway Department could improve or repair the islands. He said
they were waiting for information back from them.
Mr. Harline made the motion
that they accept the report. The motion was seconded by Ms. Coble and
approved unanimously by voice vote.
(E) INDIAN
HILLS.
Mrs. Crockett said she had
asked if there was any CDBG money left for the neighborhood since the streets
had been connected.
Report accepted.
(F) ROUTE
763 SIDEWALKS.
Mr. Janku thanked Mr. Patterson
for the report. He said it was divided into two parts -- the area of
the recent improvements north of Big Bear Boulevard, and another section
which has not been improved yet. Regarding the potential for sidewalks
along the improved street, he said based on their past experience they usually
try to put walks in on one side of the street when the state has improved
the streets. He suggested that they proceed with putting improvements
on the east side of the road. He said that was the area where there
is the heaviest pedestrian traffic and also the location of the public housing
facility as well as the trailer park further north. He asked Mr. Patterson
if he would agree that was probably the most logical side for a sidewalk. Mr.
Patterson said he thought so, but if they found something they felt should
be reconsidered they would certainly bring it forward for Council discussion.
Mr. Janku made the motion
that the staff be directed to proceed with the next step in contacting the
Highway Department and whatever steps would be needed in terms of developing
the necessary legislation to proceed.
The motion was seconded by
Mr. Harline and approved unanimously by voice vote.
With respect to the area
to the north, Mr. Janku said he would probably see people walking there tonight
on his drive home. He said there was a high pedestrian use because
it is the area between the trailer court and the convenience store. He
said Mr. Patterson's memo indicated that it was under the control of the
state, but he was hopeful they could be encouraged to move quickly because
of the location of the bus stop. He suggested the possibility of relocating
the bus stop to a more convenient and safer location and where the bus might
have more room to pull over. Mr. Janku wondered about addressing these
types of issues at the time the projects come through. He said he had
talked about this particular project the last several times about various
issues like street lights, etc. He wondered if there was some way they
could incorporate into their dealings with the state on a routine basis that
when these projects come forward that the street lighting, landscaping, and
sidewalks all be addressed. He said he felt like he should have brought
all of the issues to the Council at the time of the initial agreement. Mr.
Harline said he thought he had. Mr. Campbell said they had been brought
up, but not resolved.
BOARDS AND COMMISSIONS
None.
COMMENTS OF COUNCIL, STAFF AND PUBLIC
Mr. Campbell said a significant
problem had developed in the western part of his ward in The Hamlet Subdivision. He
said our stormwater management ordinance had gone into effect between phases
of development. He said significant concerns had been expressed by
the neighborhood regarding the drainage work that has been done. He
said Mr. Patterson and his staff had been working very diligently with the
neighborhood association and last week some 50 plus turned out for a meeting
in which Mr. Patterson had given a very good report. He said it was
still a long way from being resolved and there would be considerably more
work needed. He said it may result in some expense to the City before
it is resolved. He said the first step was to have a memorandum of
understanding between the developer, the neighborhood association, and the
City to begin the process of planning what needs to be done. Mr. Campbell
suggested that the Council encourage Mr. Patterson to proceed with the development
of a plan to come back to the Council for further action.
Mr. Campbell made the motion
that the City Manager be directed to work with the neighborhood association
and the developer to prepare a cooperative plan that would resolve the drainage
problems in The Hamlet Subdivision. The motion was seconded by Mr.
Kruse and approved unanimously by voice vote.
Mr. Harline said he had received
a letter from the past president of the East Campus Neighborhood Association
regarding relaxing some of the requirements for Bed and Breakfasts; namely,
that in their conditional use permit that they be allowed up to ten rooms
as opposed to the current five rooms, and that they be allowed to host receptions. Recently,
he said they had approved a C-1 zoning on a property on Ashland Road and
the only reason they requested the C-1 was for those reasons.
Mr. Harline made the motion
that an ordinance be prepared and sent to the Planning and Zoning Commission
for their comments and recommendations to the Council. The motion was
seconded by Mr. Kruse.
Mr. Janku said he would like
to add the issue of requiring ownership to live on the property. Mr.
Harline agreed.
The motion made by Mr. Harline,
seconded by Mr. Kruse, amended by Mr. Janku, was approved unanimously by
voice vote.
Regarding the area near Reactor
Park where the outer road intersects with the road that connects Providence
Road with the outer road of Providence Road, Mr. Harline said there were
no signs by the American Red Cross building. He said there was one
very faded sign that tells people coming out of the Red Cross building that
they are supposed to yield to the traffic coming off Providence Road heading
west. He said there was no sign for the northbound traffic at all,
or the traffic coming off Providence Road. He asked that the issue
be addressed.
Mr. Harline said the Council
had gone over their list of work session topics, and one possibility had
been scenic roads. He said they were under the impression at that time
that this should just be sent to the Planning and Zoning Commission and that
everything was ready to go. He said it said draft ordinance ready for
Council consideration. He thought they needed to look at it. He
asked if this was something that needed to be put on their agenda again or
if it was something that would be taken care of by the Planning and Zoning
Commission next. Mr. Hancock said that the Council had approved a resolution
some months back that, among other things, directed them to prepare a scenic
road ordinance. He said they have a draft and it was his thinking that
they would wait until the budget was over and then bring it to the Council
for them to see what approach had been taken and then formally have the ordinance
sent on to the Planning and Zoning Commission. Mr. Harline asked that
it be added to the next agenda under Reports.
Mrs. Crockett noted that
the street connection had been built on Aztec and Cherokee. She asked
when they would be able to get the bus into that area. Mr. Patterson
said he would check into the status and get back to her. He said usually
they try to give a couple of weeks notice to people currently using the route
before changing it. Mrs. Crockett asked if it would be possible for
fliers to be handed out to people in the neighborhood as well as to the people
in the apartment complex so they know the bus will be in the area. Mr.
Patterson said they have found in situations like this that the doorknob
hangers work quite well. Mrs. Crockett reminded Mr. Patterson about
the drainage situation on Mohawk Court.
Regarding Indian Hills, Mr.
Janku asked if the properties had been put up for sale yet. He said
they had discussed putting in the street first. Mr. Hancock said the
idea was to bring it all back to the Council after the street was completed
and the bills were all paid and then determine what the tax bills were going
to be.
Ms. Coble thanked the staff
for responding so quickly on the landscape islands and the issues along South
Providence.
Ms. Coble said she realized
they had a rather tight CIP budget, but she was wondering if there was a
possibility of staff looking at the current problems at Nifong and Rock Quarry
that were brought up at the time of the Hunt rezoning to determine what they
might be able to do to have an impact on the traffic problems that back up
at specific times of the day. She recalled there being early morning
and late afternoon rush periods. She wanted to know what they might
be able to do to improve the intersection or somehow reduce some of the strain
going on as we await the eventual work on Nifong and AC and all of the rerouting
that will be done. She asked for a staff report on what short term
intervention could be done there to alleviate some of the existing traffic
problems. Mr. Patterson reminded Ms. Coble that they would have to
work with the State Highway Department even in the consideration of what
they might allow. He said they would contact them and follow up.
Mr. Campbell noted that he
had received several compliments regarding Mr. Patterson's staff lately in
reference to several different projects.
As traffic is increasing
on North Garth with the new development going in along Blue Ridge, Mr. Janku
asked if they could look at some street lights along there particularly at
the narrow bridge where Garth crosses Bear Creek. He said there was
a lot of fog in there in the evening.
Mr. Janku said he saw where
the stop light at Vandiver and Route B was being evaluated due to the railroad
crossing. He asked if the stop light at Vandiver and Oakland might
be evaluated at the same time. He said it had always been a troublesome
light because a lot of people don't want to wait for it because of its slow
cycle.
During the budget process,
Mr. Janku said Mr. Malon had mentioned that he had a report ready for them
on the landscaping at the Water & Light Building and the Power Plant. He
asked that the report be brought forward.
Mayor Hindman announced that
the Eagle Bluff Wildlife Area would be officially dedicated this weekend. He
pointed out that the facility consists of seasonal wetlands, standing pools
of water, and crop areas for the purpose of providing food and habitat for
wildlife, primarily migratory waterfowl. He said it uses treated wastewater
from the City's wetlands as its main water source for wildlife and crops. The
dedication would be at 9:00 a.m. on Saturday and they would continue on through
the day with events open to the public.
Paul Albert, 2703 Parker,
talked about the east side of Parker Street and said it was zoned for duplex. He
said the neighborhood didn't want apartment houses there.
The meeting adjourned at
9:05 p.m.
Respectfully
submitted,
Launa
H. Daniel
City
Clerk
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