INTRODUCTORY
The City Council of the City
of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Tuesday,
September 2, 1997, in the Council Chamber of the City of Columbia, Missouri. The
roll was taken with the following results: Council Members JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN and COBLE were present. The City
Manager, City Counselor, City Clerk, and various Department Heads were also
present.
APPROVAL OF MINUTES
The minutes of the regular
meeting of August 18, 1997, were approved unanimously by voice vote on a
motion made by Mr. Campbell and a second by Ms. Crockett.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING
CONSENT AGENDA
Mayor Hindman noted that
B249-97 and B250-97 would be added to the Agenda for introduction.
The agenda, including the
Consent Agenda, was approved unanimously by voice vote on a motion made by
Mr. Campbell and a second by Mr. Kruse.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B211-97 Adopting
the FY98 budget.
The bill was read by the
Clerk.
Mayor Hindman noted that
this bill had been continued from the last meeting and added that it would
be tabled to September 15, 1997, for one last hearing on the budget.
Ilene Rauzi, 506 Huntridge
Drive, Chairperson of the Community Services Advisory Commission, explained
that one of the issues focused on this year had been welfare reform and the
local impact that it might have on Columbia. She explained the Commission's
report which outlined both the funding recommendation process and funding
recommendations. Ms. Rauzi said this year's funding process had probably
been the most difficult that the Commission had experienced. She thought
part of the reason for this had been the number of proposals that were received
-- 31 agencies and 48 programs requesting $721,340. With the vendor
contracts, total funds requested were $845,840. This represented an
increase from 26 agencies and 39 programs from last year.
Ms. Rauzi knew there were
probably questions regarding the Commission's recommendation for child care
allocation, the Voluntary Action Center, and perhaps others. She said
the decrease in child care allocation was a difficult one that had been discussed
extensively with different options examined. She said the reason for
decreasing the funding was that this program had $75,000 which had remained
unspent. She said the Commission viewed this as a short-term solution
and an opportunity to fund other needs until the demand for child care became
more evident. In terms of Voluntary Action Center and others who appealed
the Commission's funding recommendations, Ms. Rauzi said there were too few
dollars and too many needs. She said there was also the issue of the
merger between the Voluntary Action Center and the Boone County Council on
Aging.
Ms. Rauzi reported one of
the outcomes from this year's work had been the realization that the budget
process needed to be re-evaluated and refined to enhance decision making. She
said that would be one of the priorities for the coming year. Ms. Rauzi
thanked the Council for the consideration of the Commission's recommendations.
Mayor Hindman thanked the
Commission for their report and said it had obviously been very carefully
done. He said it represented a tremendous amount of work.
David Johnston, 2701 Chambray
Road, explained that he is the Chairperson of the Community Development Commission. Mr.
Johnston said the Commission had held several hearings this spring with respect
to the fiscal year 1998 Community Development Block Grant. The entitlement
amount estimate for fiscal year 1998 is $1 million. Mr. Johnston explained
the recommendations that had already been received by the Council.
Mayor Hindman thanked the
group for all of their hard work and added that the Council had received
copies of all of the Commission's meeting minutes.
Greg Olson, 217 W. Broadway,
addressed the Council as President of the John William Boone Heritage Foundation. He
further explained the proposal that had been presented to the Community Development
Commission. Part of their proposal is to secure the property as soon
as possible. He said if the property was sold to a private individual,
that would eliminate any public decisions in the future of this important
building. He explained that this group's intentions is to convert the
property into an African American cultural center. He said this request
had been made after a couple of months of serious polling and community meetings. Mr.
Olson said his group felt this was an important time to publicly acknowledge
and recognize African American contributions and African American life in
this community. It was felt the Blind Boone house could be an important
part of the MKT Trailhead project, and a great center of tourism and commerce
for our community.
Mrs. Crockett asked Mr. Olson
how much money his group had raised at this point. Mr. Olson said it
was just over $1,000. He said the present focus is on fund-raising. He
said they were attempting to compile a well-planned, comprehensive fund-raising
strategy.
Mayor Hindman noted that
the Block Grant Committee had made the recommendation for $127,000. He
said the numbers the Council had heard in relation to the purchase of the
property exceeded that amount by about $40,000. He gathered it was
not likely that this group would be raising the $40,000. Mr. Olson
replied not in the manner that would be necessary to come up with the money
for the purchase of the property. He said there is a very narrow window
of opportunity as far as time to purchase the property is concerned.
Mr. Kruse commented that
the Foundation's fund-raising plan had been very well thought-out and realistic. He
thought it had a great chance of succeeding.
Cindy Mustard, 600 S. Greenwood,
Executive Director of the Voluntary Action Center, spoke in response to the
recommendations of the Community Services Advisory Commission. She
asked the Council to consider giving VAC additional funding as it had been
recommended that they receive the same level of funding established for the
last two years. She explained the increase is necessary because the
Voluntary Action Center is currently the central hub for social services. Ms.
Mustard said the Center's services have steadily increased, probably 50%
since last year. She noted that they are not a government agency as
such and, as people are moved from welfare to work and the funding from the
state and federal level diminishes, the Center is finding more and more people
coming to them. In addition, the Children's Investment Trust
program will be located in the VAC office. Ms. Mustard reported she
currently has a staff of one other person and to date, the Voluntary Action
Center has provided over 8,000 units of service since January, compared to
about 5,000 at this time last year. She appealed to the Council for
additional funding if it would be possible.
Ms. Coble asked about the
range of funding Ms. Mustard was seeking. Ms. Mustard responded that
the Voluntary Action Center had applied for $8,000 of funding from the City
and for $5,000 from the County. She said for the last two years the
Center had not received any recommendation for funding from the County. Ms.
Mustard reported 20% of the people VAC serves live outside the City. She
said it would be helpful if the Voluntary Action Center could receive between
$8,000 and $10,000 of funding.
Mayor Hindman said he knew
that the Voluntary Action Center provides a great deal of services that are
an extension of the City government. He said that was a very important
consideration.
Pat Smith, 4601 Akeman Bridge
Road, spoke on behalf of the Skateboard Ad Hoc Committee. She said
this Committee held meetings through the summer and worked closely with the
Parks and Recreation Department. She thanked Mr. Green and his staff
for their time. Ms. Smith said the Committee had sent the Council their
basic recommendation which suggested resurfacing and restructuring two tennis
courts in Oakland Park for purposes of being used for a skateboard park. It
had been recommended that this should occur as soon as possible because the
Committee felt the lack of a park was an immediate problem.
Ms. Smith reported the Committee
learned that skateboarding and in-line skating are the two fastest growing
sports in the United States. She said these athletes need a place to
skate without fear of prosecution and without fear of injury. She said
there is a misconception about skateboarding being dangerous. When
comparing skateboarding to other recreational activities, the statistics
show a smaller percentage of injuries per participant in skateboarding. Ms.
Smith said the City's liability should be no more of a concern than for any
other sport. She said the Committee had been hard-pressed to find anyone
that could talk to them at any length about claims due to skateboarding injuries.
Ms. Smith said the skateboard
community is a very close-knit group, non-competitive, and always cheering
each other on. She said there was no reason to believe that level of
comradery will not extend into a City skateboard park as well.
Ms. Smith said a skateboard
park is not just a recreational issue, but also a health and safety issue. She
said parents are concerned about their kids skating and sliding out into
the streets. She said the Police could also better spend their time
doing other things rather than ticketing skateboarders and running them off
of property. Ms. Smith said this would give the Council the opportunity
to work with a group of young people they have not worked with before. One
of the recommendations in the report was that an association be established
to work closely with Parks and Recreation to maintain the park, to move it
around, and to develop the course.
Mr. Kruse thanked Ms. Smith
for all of her work. He said the layout was very unique.
Mayor Hindman asked if Ms.
Smith felt that Oakland Park was an acceptable location for a skateboard
park. Given all of the considerations, Ms. Smith said a place is needed
that already had facilities in place, i.e., restrooms, lighting, and maintenance. She
said the skaters could probably address that question better than she.
Mr. Janku noted that the
area was fenced in. He asked if it was anticipated that the area would
remain fenced, or whether just the surface would be used. Ms. Smith
said initially the Committee felt the fenced area would work in terms of
allowing the park to be locked up at night, but eventually they would like
to see the park grow. She said the south side of the fence could be
taken down and the park could expand toward the pond. Mr. Janku asked
if participants would be charged for using the park. Ms. Smith said
the Committee anticipated it would be similar to the practice currently used
with the tennis court in which users did not pay to use the courts. However,
the Committee did envision special events and fund-raisers to help maintain
the park and for future expansion.
Paul McConnell, 2257 Almos
Place, explained that he has been a skateboarder for the last eleven years. He
said the sport had changed drastically over the years, but the interest and
enthusiasm had remained the same. He said there were over 200 kids
in Columbia and in surrounding areas that are willing to put in their time
and effort to enjoy this sport. He said it would be in Columbia's best
interests to provide a skateboard park.
William Robertson, 217 Broadway,
spoke on behalf of the Blind Boone Heritage Foundation. Mr. Robertson
asked that the Council help the Foundation in their quest to obtain the Blind
Boone Home in order to protect and preserve it. He said he was not
speaking to the request of $127,000, but in general to the protection and
preservation of the Home for the benefit of Columbian's and those who will
visit Columbia.
George Parker, 113 Crestmere,
also spoke in favor of the City purchasing the Blind Boone Home. He
said typically, cultural centers for ethnic groups are funded by each particular
group. In this case where a gentleman like Blind Boone is being honored
because of his great achievements, the fact that he happens to be of a particular
ethnic group just naturally lifts that group. Mr. Parker thought the
fund-raising for this project would be much easier if the City supported
the project in order to honor Blind Boone and his great achievements. He
agreed the City should buy the building for that purpose, but when the project
is referred to as an African American cultural center, the public policy
should be canceled. He asked if a cultural center should be built for
every group that wants one.
B. J. Tripp, 3700 Santiago,
pointed out that Columbia's new Lange Middle School was named after another
black from Columbia. He said Blind Boone was a man with great talent,
but above all he was in a City that recognized it and allowed him to become
the best he could be. He said Columbia also allowed Mr. Lange to be
the best he could be, regardless of his color. He did not think there
were many other towns in this part of Missouri that would have allowed this
to occur. He proposed that the City not have a black culture center
because one exists at the University. Mr. Tripp wanted the building
purchased to preserve it as a museum representing Blind Boone and all other
Columbians who have achieved in our community. He wanted it to be a
community museum celebrating the City.
Ray Brasser, 1875 El Cento,
a member of the Board of Directors for the J. W. Boone Heritage Foundation,
thanked the Community Development Commission for recognizing the value of
this project and taking time to support it. He also thanked Harold
Warren Senior for his patience. Mr. Brasser read from the statement
of purposes of the Foundation. The mission of the Foundation is to
preserve and restore the historic John William Boone House, to develop the
property into the John William Boone Heritage Center, and to provide historical
interpretation, educational opportunities, and cultural events for residents
of and visitors to the City of Columbia. It further stated the Foundation
seeks to raise awareness regarding the legacy of rag time great John William
Boone, his numerous and widely traveled musical performances, as well as
his many compositions and his influence on the history of music throughout
the country and the world. He said the Foundation would like to see
the Center become a cultural bridge to different races and different groups. He
said they did not want to see a wedge driven between particular groups with
this building.
John Clark, President of
the North Central Columbia Neighborhood Association, said this group is very
supportive of the Foundation's efforts and all of their efforts to preserve
the John William Blind Boone Home. With respect to North Central's
request for CDBG funding, Mr. Clark said the Council and the Commission approved
money three years ago for the planning of an outdoor neighborhood identification
art project. He explained that the Association felt by creating a sense
of identity was essential and valuable in revitalizing and stabilizing residential
neighborhoods. He said the successful concept met all of the criteria
and would provide a better identification and definition for the neighborhood
for those who live and visit there.
Mr. Clark said the concept
was both functional and decorative. He said the projects would have
to be safe, durable, and require low maintenance. The design team had
worked closely with the City during the entire process to ensure the final
design would meet all criteria as the projects would be dedicated to the
City once they are completed. He explained that they are combinations
of art. Mr. Clark said the design team spoke with Columbia College
and they were encouraging. He said once funding is approved, the school
system would be approached because three of the sites are located on school
property. He pointed out that it is hoped construction on the eight
location projects can begin next spring.
Michael Goldschmidt, 710
W. Dripping Springs Road, explained how he became the leader of the design
team for this project. He then explained that the project basically
consists of three major parts. The first part was a brick and metal
bench which is contoured for comfortable sitting. He said it contains
two elements of art, on the left was an aerial garden (a low maintenance
ewe perched atop a heavy ceramic bulb with a logo representing the particular
intersection of that neighborhood), and on the other side there would be
a metal and organic sculpture unique to each location. He said the
design team had performed extensive research in the locations of the sites
in regards to utilities, easements, and all of the important rights of way. He
said the Planning Department had also been consulted. Mr. Goldschmidt
reported the design team had been informed there was no interference on any
of the sites.
Mr. Campbell asked about
the weight bearing capacity of the sculpture. Mr. Goldschmidt said
it was quite heavy and would not bend. He said there would be no sharp
corners and the connections used would be non-breakable. Mr. Campbell
asked if he understood the projects would be turned over to the City. Mr.
Clark said that had been the anticipation and the discussion with the Planning
Department from the beginning. Mr. Campbell asked why these projects
would not be part of an Adopt a Spot where the neighborhood could take care
of the maintenance. Mr. Clark said from the very beginning it had been
asked whether the City would maintain the sites if they were built as to
require very low maintenance. He said the students at Jeff Junior may
want to adopt a site, but the City would have to serve as a back-up. He
said the actual physical structures would be owned by the City.
Mr. Janku asked about the
durability of the ceramic bulb. Mr. Goldschmidt said it was a two inch
thick piece of ceramic that could not be broken with a hammer at that thickness. He
said it would be out of reach even if one was standing on the bench.
Mr. Campbell asked how high
it was. Mr. Goldschmidt said if one was standing on the ground, it
would be seven feet to the lowest end of the bulb. Mr. Campbell assumed
a step ladder would be needed for watering. Mr. Goldschmidt explained
that the chosen species is one that does not require a lot of water. He
said the bulb was designed to catch rain water and the species was a drought
resistant, very low water species. In honesty, Mr. Goldschmidt said
in the beginning years there would probably have to be a little watering
involved to keep it going.
Mayor Hindman asked if there
was any reason why this project could not be a bench or two one year, and
then look at adding more the next year if it works well. Mr. Goldschmidt
said he thought it was important to establish a critical mass of the sites
so that the project succeeds immediately. He said a critical mass would
tell people which neighborhood they were in. He said eight sites was
the minimum number established and those had been prioritized. Mr.
Clark said the design team had looked at many more sites than just the eight. He
said things can always be done at different periods of time, but the eight
needed to be done together if possible. Mr. Clark said the money requested
was a very small percentage of the total funding requests for this year.
Tony Holland, 306 W. El Cortez
Drive, urged the Council to fully support the Blind Boone Home project. He
hoped it could become a cultural heritage center and that it could be done
without taking away from any other group. He was fearful that if the
home was not taken off the market soon, the property could become a parking
lot. Mr. Holland thought this cultural heritage center could serve
as an inspiration to black youth. He pointed out that race relations
is a two-way street and black youth need to see in the past there have been
business men like Lange and contributors like Boone, but also white youth
need to see the same thing. He said they need to see their fellow black
students having made a contribution to society also.
Polly Batterson, 600 Longfellow,
explained that Blind Boone was not just black, she reported he had a white
father and black mother. As a child raised in Warrensburg, he grew
up playing with children of both races. She said Mr. Boone was literally
and figuratively color blind. Ms. Batterson said he brought races,
people, and cultural perspectives together. She said he could not be
celebrated in a divisive way -- to celebrate him at all it must be inclusive. His
whole life was one of building bridges between cultures and races, leaving
nobody out. She said there was nothing that would serve Columbia better
in being appreciative of inclusiveness than to honor Blind Boone.
Henry Lane, 1816 E. Broadway,
talked about the water capital projects budget on pages 362 and 363 in the
budget document. He contended there had been an overstatement in the
amount of the budget request for four water capital projects in the amount
of $213,500. Mr. Lane asked that the budget be reduced instead of having
the money go into a contingency fund.
Mr. Beck explained that the
money not used on projects would go into the Water and Electric fund balance. He
said it is divided to keep track of the two utilities. He said it is
not put in the contingency fund.
Linda Baumgardner, 1190 S.
Roby Farm Road, spoke on behalf of the Board for Rainbow House. She
offered to answer any questions about the $30,000 van request to be used
for the children. She said this year the statistics are up and Rainbow
House would see more than the 278 students that were seen this past year. She
said 93% of those individuals were from the City of Columbia and Boone County. Ms.
Baumgardner pointed out that Rainbow House also assists 20% of disabled children,
of which 30% are from minorities. The van that needs to be replaced
had been donated at least six years ago. Ms. Baumgardner said three
bids had been received on the purchase of a new van.
Kathleen Cain, 603 Westwood,
Vice-Chair of the Community Services Advisory Commission, said their decisions
were very difficult. She said it is difficult to recommend a certain
level of funding for agencies that feel they need more, and Voluntary Action
Center had not been the only agency with that opinion. She said the
Commission felt there were other pressing needs in the community that needed
a response.
There being no further comments,
Mayor Hindman continued the public hearing to the September 15 meeting.
B218-97 Rezoning
from C-3 to R-1 property between Old 63 and Bluff Creek Drive.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
rezoning request was for a five acre tract of land. Both the staff
and the Planning and Zoning Commission recommended approval.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B218-97 was given third reading
with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B220-97 Establishing
a scenic roadway area on Rock Quarry Road from Stadium Boulevard to
the
south
city limits.
The bill was given second
reading by the Clerk.
Mr. Beck commented that this
item had been recommended for approval on a 5 to 4 vote by the Planning and
Zoning Commission. He pointed out that several people spoke for and
against the issue at the Commission level. He said the Council had
been given the meeting minutes. Mr. Beck noted that this is the first
scenic roadway overlay the Council will be working with.
Mayor Hindman said this issue
had been discussed at the pre-Council dinner, and his sense was that the
Council wanted to table it after hearing comments this evening. In
the meantime, the Council would have a work session regarding the issue.
Mayor Hindman opened the
public hearing.
Greg Johnson, 3300 W. Worley,
explained that he volunteers at the Columbia Chinese Christian Church. Up
to about a year ago, the Church would have endorsed the scenic roadway proposal. He
said the property fronts about 300 feet on Grindstone Avenue, but the AC
project would take almost all of this distance. He said the Church
would be losing about one-third of the property on the south side, and about
half of the property on the west side. Mr. Johnson said parts of the
scenic overlay would prevent the change in the entrance to the church. He
said the Church is essentially in favor of the idea, but they would need
some assurances that operations could continue without becoming smothered
in the process.
Mr. Janku asked how the Church
would be prevented from changing their entryway. Mr. Johnson said it
had to do with the 200 foot boundary and construction height of over 28 feet. He
said if the entrance was moved to the other side of the church, it would
not comply with those requirements because the building is on a hill. Also,
the church would be interested in further construction at some time. He
said this scenic overlay would definitely inhibit that. Mr. Janku said
his understanding was that the Highway Department would compensate the Church
to allow relocation elsewhere on the property. Mr. Johnson stated there
was a compensation plan like that, although moving that type of building
would still create a problem. He said there would still be some parking
area required by City ordinance and the entrance would have to be rerouted
to Rock Quarry Road. Because of the project, Rock Quarry Road would
be less scenic.
Mr. Campbell asked what the
current underlying zoning was for the church. Mr. Hancock said it was
R-3.
James Gregory, 4500 S. Rock
Quarry Road, explained that his parents built their small home on Rock Quarry
in 1948. Although this property has been annexed into the City, he
has yet to receive some City services and now the City wanted to take 200
feet of his property. He was against the overlay, but said he
would never cut a tree there. He said the road was scenic because it
had been left alone. Mr. Gregory said he was interested in putting
in 50 to 60 lots. He said he would voluntarily give the City 50 to
100 feet, but thought 200 was too much. He thought the road should
have been widened a long time ago.
Mr. Kruse asked Mr. Gregory
if he realized the City would not actually be taking 200 feet. Mr.
Gregory said he realized that, but the City would be placing restrictions
on his property and he could not rebuild the home he has now because it is
180 feet from the road. Mr. Kruse asked Mr. Gregory if he would support
some kind of additional regulation through an overlay zone of up to 100 feet. Mr.
Gregory said he would support that. Mr. Kruse asked if he would support
a 15 foot limit on building height. Mr. Gregory said he was not worried
about that part of the ordinance.
Mr. Janku said he had received
a call from someone asking if the road could be improved or widened if the
overlay district was adopted. Mr. Janku said that could be done, but
how he did not know. He said the overlay would not require the road
to be kept in the same shape as it is now.
Louise Eason, 3406 Rock Quarry
Road, commented that there were individuals that had worked for the last
15 years toward the scenic designation of Rock Quarry Road. Among those
people was Mrs. Gregory, the mother of the previous speaker. She noted
that the County was working on a similar ordinance.
Norman Lenhardt, 1118 St.
Christopher, said he was not in favor of scenic roadways because they kill
development. He said it would force the community to spread out even
further which means more infrastructure. He said the City had already
lost 30% of the farmland in Boone County in the last ten years. Mr.
Lenhardt said the City needs to consider the distance driven to serve people
for fire, police, water lines, telephone lines, sewer lines, etc. He
noted there was an expectation for oil to reach its peak by 2013 and the
City needed to be thinking about transportation and how much density could
be put in before furnishing transportation. He explained there had
been a recent court case where passing an ordinance to prohibit development
had been ruled as the taking of property. Mr. Lenhardt thought the
issue should be tabled until a lot more information could be compiled and
studied in order to make an intelligent decision.
Matt Harline, 301 McNab,
said this scenic overlay was very popular throughout the community. He
said this proposal was simply in keeping with Council policy on a number
of different levels. First of all, the Council unanimously established
the scenic road zoning district five months ago. He said it had been
drafted primarily by the staff with five years of effort in working with
the neighborhood. He said now if the Council decided to reexamine the
ordinance, it would seem to say the process was flawed. He said this
follows the recognition of Rock Quarry's uniqueness when in 1991 the Council
devoted funding to improving Old 63, and leaving Rock Quarry Road for a later
time with future deliberations as to how to preserve its uniqueness. Again,
this occurred in 1995 when the money was funneled toward Grindstone Road
and some other projects so that the traffic would be diverted down Old 63. In
the AC deliberation, Mr. Harline pointed out that the Council policy supported
a Grindstone route with a condition that the state would not just allow,
but participate, in making that road neighborhood friendly. He said
the state has helped to some extent, but basically they have ignored any
financial responsibility for it. He said this was also in keeping with
past policies to support pro-active neighborhood activities. Mr. Harline
felt this process had been good and in some form or another a scenic roadway
must be adopted here or nowhere. He asked what road in Columbia was
more scenic than Rock Quarry. Regarding the Church, Mr. Harline said
they needed to find the Board of Adjustment. He said some of their
points are very valid and need to be addressed as an individual property
with special needs.
Linda Roots, 807 N. Eighth
Street, commented that she has had the opportunity to work with several different
neighborhoods over a long period of time. She said all of the different
groups had worked hard to preserve the character of their neighborhood. She
said her neighborhood supports this request for overlay zoning, and felt
the entire City should support it. Ms. Roots said just because North
Central does not have a scenic road to preserve, that did not mean they were
not interested in one being preserved somewhere else. Ms. Roots stated
she drives Rock Quarry Road every opportunity she gets.
Jan Pritchard, 3505 Rock
Quarry Road, Chairperson of the Scenic Road Committee for the Grindstone/Rock
Quarry Neighborhood Association, passed out a copy of her comments and pictures
of the area. She pointed out that the handful of people who oppose
scenic roadway overlay zoning for Rock Quarry Road have absolutely nothing
to lose if such zoning is granted. Ms. Pritchard said their fear is
that they simply will not be able to gain as much from the development of
their property if overlay zoning is granted. She said these people
have owned their land for a long time and they could sell it and make a considerable
profit without doing anything to it. Ms. Pritchard thought the fear
that they are going to lose is unjustifiable because the development of their
property is just as likely to increase under scenic road overlay zoning as
it is to decrease. She said she could visualize an office park on Rock
Quarry Road with the advertisement saying "come work on scenic Rock Quarry
Road". She said she could also see a multi-family housing development
along the same road with a sign saying "come live here". She said all
of these things can work with development whereas, on the other hand, tens
of thousands of people stand to lose if scenic overlay zoning is denied for
the Rock Quarry Road corridor. Locally, Ms. Pritchard explained it
is the scenic roadway corridor that defines the Rock Quarry neighborhood,
which includes not only single family residences, but also a number of multi-family
housing areas. She said if the scenic corridor is destroyed, the quality
of life for all living in that neighborhood would be severely jeopardized. City-wide,
every man, woman, and child in Columbia would lose one of the most beautiful,
natural areas, and one of the most scenic roadways in Columbia if protection
is denied along this corridor. Regarding the Church, Ms. Pritchard
said the neighborhood has always supported them and if they went to the Board
of Adjustment, the neighborhood would support their request. Regarding
tabling the issue, Ms. Pritchard thought it was ironic that this very Council
unanimously approved the ordinance and were now going to rethink it.
Tom Schneider, an attorney
with offices at 11 N. Seventh Street, spoke on behalf of Lew Costas and Milton
James who have owned the southwest commercial corner of Stadium and Rock
Quarry since 1967. He said it has long been a Sinclair Station with
another accessory commercial use which has changed from time to time. He
said the two men really have no position on whether or not the Council should
adopt a scenic overlay ordinance, or whether it should be applied to the
scenic portion of Rock Quarry Road. He said their property was plainly
not what this ordinance is directed at. Referring to the minutes of
the Commission meeting, Mr. Schneider said every Commission member who spoke
about the northern 400 foot exclusion, agreed the Sinclair Station should
not be included. He said grandfathering was not the answer to this
situation because if their tenant wants to build a new canopy or erect a
new pole sign, it would have to conform to the new requirements, particularly
the 15 foot height limit. He explained that in their lease, which was
recently renewed for a ten year period, there was a provision which allows
the lessee to terminate the lease if the lessee feels the local regulations
impairs their ability to use the property in their judgment. In this
particular circumstance, Mr. Schneider said the overlay could be a real problem. His
feeling was that the scenic overlay, if adopted on Rock Quarry Road, should
commence 400 feet south of Stadium Boulevard, approximately where the bluff
is located.
David Chin, 431 Maple Grove
Way, spoke as a board member of the Chinese Christian Church. With
the AC expansion, he said their church would be losing land from both the
Grindstone side as well as the Rock Quarry side. Mr. Chin said he could
not see how an individual could guarantee what the action of the Board of
Adjustment would be. He said another problem with the present scenic
roadway overlay that has not been addressed is future non-compliance of homes
and buildings that may be destroyed or damaged by accidents such as fires
or tornadoes. Mr. Chin said there are possible other solutions for
Rock Quarry Road. He said the safety for the road could be better addressed
by putting stop signs along the T-intersections, such as on Riback Road. He
said the alternative routes to Rock Quarry Road should be fully addressed. Finally,
Mr. Chin suggested if there was to be a regulatory taking of property, the
City should take what is truly scenic and reimburse the property owners for
that taking.
Billy Ko, Pastor of the Chinese
Christian Church, reiterated the Church's dislike of the proposal, but said
they would support it because they care for their neighbors. Reverend
Ko felt the Church could not be moved because they could not afford it and
nobody could guarantee the construction cost. The Highway Department
had offered the Church $50,000 to move the building, or $150,000 for the
entire property and the building. He asked that the Church be exempt
from the overlay district.
Bob Bassett, 7510 Richland
Road, said he could not understand the idea of this overlay making his property
more valuable. He explained that he owns property between Quarry Park
Drive and Nifong. Mr. Bassett said the only way it could increase property
values would be if the ordinance restricted construction of rental property
between that area and town. He said to do this overlay would be taking
away his property rights. Mr. Bassett was specifically interested in
the stipulation where if his buildings were destroyed by a natural disaster,
he would not be allowed to rebuild them. He said he would be allowed
to rebuild something less than what he had originally, something under 15
feet high. His present buildings are two stories. He was not
sure the Board of Adjustment would let him rebuild even if they had that
authority. Mr. Bassett said the area from Riback Road, or Grindstone
to Nifong, certainly did not meet any of the specifications for a scenic
roadway.
Mr. Janku asked about Mr.
Bassett's property and the approximate height and distance of his buildings
from the roadway. Mr. Bassett said he had three duplexes and four 4-plexes
within 100 feet of the road.
Janet Hammen, 1416 Wilson
Avenue, said that she drove on Rock Quarry Road as often as possible. Being
a firm believer in historic preservation, she considered this scenic roadway
historic preservation. She encouraged the Council to consider the designation
and the fact that it would enhance the quality of life in that neighborhood,
as well as for all of Columbia.
Mariel Stephenson, 2111 Rock
Quarry Road, spoke as Vice-President of the Greenbelt Coalition of Mid-Missouri. She
said the actual greenbelt crosses Rock Quarry Road and impacts what happens
on Rock Quarry Road. She said that anything that acts as a buffer to
that watershed is a benefit to the City and to the greenbelt. All that
the scenic roadway designates as an overlay zone is a vegetative buffer which
could be trees, wild flowers, or manicured lawns with some hedge. She
said those things are all buffer -- it did not have to be a berm that was
so many feet tall or anything that structured. Ms. Stephenson said
the concern of the Greenbelt Coalition is that once something is destroyed,
it is lost forever. She said one important issue about Rock Quarry
Road is that it is the natural link to Rock Bridge Memorial State Park. Ms.
Stephenson said it was the County's and the Park's desire that as much of
the road be preserved as possible. She noted that the Coalition had
never been opposed to development, but they were in favor of making that
development as environmentally friendly as possible. She said a 50
foot buffer along a roadway is very environmentally friendly. Having
access or being adjacent to the greenbelt were very good selling points for
property. Ms. Stephenson said this scenic overlay would not only enhance
and protect the greenbelt on Grindstone and Hinkson, but would also benefit
any of the developers in a major way.
George Crawford, 2220 Shepard
Boulevard, displayed a map showing the roadway and what was in the 50 foot,
100 foot, and 200 foot right of way. Starting at the bridge, he said
there were lots of trees and only one house actually in the 200 foot area. He
said the rest of it was scenic and everyone would agree it is beautiful. He
showed the area where there were a few houses in the 50 and 100 foot rights
of way and said it was still fairly scenic there. At Riback Road he
felt the scenic overlay should stop because it contained nothing pertaining
to designated criteria when reading the ordinance. He said it was just
like any other street in town. In counting up the family units from
Riback Road down to almost the City limits, Mr. Crawford said in the area
within the 200 foot roadway there are 111 units, 65 which do not comply with
the proposed ordinance. He said that comprised 58.5% of homes that
do not comply. Within the 100 foot right of way, he said there were
74 units and 65 of them do not comply. He said that was 67% not in
compliance. Mr. Crawford said from Stadium to Nifong there were only
two houses within the 200 feet. He felt this was like taking an easement
and if the property owner did not want to give it, the City should pay for
it.
Mayor Hindman asked Mr. Crawford
if his drawing could be used for the work session. Mr. Crawford said
if someone would let him know when it was needed, he would make it available.
Mr. Janku asked where Mr.
Crawford's property was located. Mr. Crawford explained that it was
just north of the Chinese Church and contained 37 acres zoned R-3. He
did not plan to request a commercial rezoning. Mr. Janku asked Mr.
Crawford if there were any of the height restrictions and setbacks he could
live with. Mr. Crawford said the 50 feet setback could be acceptable,
if necessary. He said the 15 and 28 foot height restrictions could
create staggering. He said a single story house could be 50 feet back
from the road and a two story would have to be 100 feet back.
John Clark, 403 N. Ninth,
explained that he has worked on various projects with the neighborhood association
and that he was very supportive of the ordinance. He agreed with Mr.
Harline when he asked if not this road, then what road. Mr. Clark did
not agree that the regulation would amount to a taking. He suggested
the Council approve the ordinance and begin to think about some other mechanism
to address compensating people when the entire City would benefit from what
was being done.
Richard Simpson, 3407 Rock
Quarry Road, said both sides had made good points. He reminded everyone
they had been at this issue for several years now and said he hoped it would
not be another five. He thought even the people against it could see
the merit of it. He thanked everyone for their help on the project
over the years.
Mayor Hindman made the motion
that B220-97 be tabled to the October 6, 1997 meeting. The motion was
seconded by Mr. Janku and approved by voice vote.
B223-97 Approving
the C-P development plan of Walt's VW Service Parking on the east side
of
College
Avenue south of Business Loop 70 East.
The bill was given second
reading by the Clerk.
Mr. Beck noted that this
development plan had been unanimously recommended for approval by the Planning
and Zoning Commission. The staff also recommended approval.
Mayor Hindman opened the
public hearing.
Christina Luebbert, an engineer
with Marshall Engineering and Surveying, offices at 300 St. James, explained
that she had prepared the C-P plan for the Shoupe's and offered to answer
any questions. There were none.
David Rogers, 1400 Business
Loop 70 East, explained that he owns all of the adjoining land to the east
of this site. He said this was a good plan and a good business. He
asked the Council to approve it.
Mayor Hindman closed the
public hearing.
B223-97 was given third reading
with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B233-97 Authorizing
construction of a 12-inch water main in Boone Industrial park North,
Block 2,
Lot
5, and authorizing payment of costs above those to install an 8-inch main.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
was being done in accordance with Council policy.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B233-97 was given third reading
with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B234-97 Authorizing
City staff to construct renovations and improvements at Woodridge,
Again
Street
and Rock Bridge neighborhood parks.
The bill was given second
reading by the Clerk.
Mr. Beck commented that these
improvements had been budgeted for in the current budget.
Mr. Green said the City would
basically bring existing playground equipment up to national safety standards.
Mrs. Crockett asked if provisions
had been made for an entrance off of Lansing. Mr. Green said that had
been studied and they did not quite know where they were going to put it,
but there would be an entrance off of Lansing.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B234-97 was given third reading
with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
(A) Sidewalk
construction along a portion of West Broadway.
Item A was read by the Clerk.
Mr. Beck noted that the estimated
cost for building this segment of sidewalk was $100,000, to be paid for from
the sales tax fund and tax bills. He said the reason the sidewalk had
not been constructed earlier was because there had been a question raised
as to how far back the sidewalk should be built. Mr. Beck said he has
been supportive of seeing this be a minimum width, four lane road at some
point in time. He knew the City needed to go ahead with the sidewalks,
but he felt it was being built in the wrong place as they would have to be
reconstructed in the future.
Mr. Patterson said this project
was originated by City Council directive to proceed with construction. He
said staff has met with the property owners along the segment being proposed
for the construction of sidewalk. During that process, he explained
that they also met with property owners where no curbing exists on the north
side of Broadway, east of Pershing. What was being proposed at this
location met with the resident's acceptance and they were aware that there
will be a proposed tax bill for the curbing. He said curbing would
be an improvement to their property in the form of storm drainage and water
management of the property. He said it would also make the property
more attractive and more maintainable.
Mr. Patterson said if staff
proceeds with the project, there would have to be a public hearing after
completion that would establish the special benefits. The proposed
maximum tax bill for the curb and gutter sections would not exceed $14.00
per abutting foot. He said if it was less than that, it would be the
actual cost of the curb and guttering. Since the sidewalk is in the
Master Sidewalk Plan, Mr. Patterson said there would be no tax bills for
the sidewalk and it would be paid for out of the City's capital improvement
sales tax fund.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
Mr. Janku noted that some
of the sidewalk to the east was deteriorating. He wondered if staff
was considering reconstruction of this section. Mr. Beck asked if the
staff was proposing to look at that area separately under the policy of maintenance. Mr.
Patterson said that was correct. Currently, policy has been to try
to fill in gaps where there are no sidewalks. He said the City has
done repair work where it is considered to be a major safety problem. Mr.
Patterson said there will not be extensive sidewalk replacement until sidewalks
are constructed in areas where there are none presently. He said staff
could evaluate the section in question and get a cost estimate based on the
bids.
Ms. Coble said there was
a group of neighbors working on a petition. She said these people are
talking to area residents about where they perceive a need for replacement.
Mayor Hindman asked if replacement
was tax billed. Mr. Patterson said it was under a policy depending
upon what type of sidewalk it is. He said if the sidewalk is on the
master plan, there is a percentage the City would pay and, if it is not on
the master plan, it would be a shared cost. Mr. Beck said West Broadway
was on the master plan.
Mr. Beck suggested that the
staff report back on the replacement of existing walks in bad repair. Mr.
Patterson said staff would also have to look at the programming of the available
funding in context with what some of it has already been designated for. Mr.
Beck suggested that the sidewalks could possibly be added to a maintenance
type project rather than a construction project.
Ms. Coble made the motion
that the staff be directed to proceed with the sidewalk improvement project. The
motion was seconded by Mr. Janku and approved unanimously by voice vote.
OLD BUSINESS
B213-97 Amending
Chapter 22 of the City Code to establish wastewater system connection fees.
The bill was read by the
Clerk.
Mayor Hindman noted that
the Council had been given an amendment sheet which would amend the effective
date of the ordinance from October 1 to November 1.
Mr. Campbell made the motion
that B213-97 be amended per the amendment sheet. The motion was seconded
by Ms. Coble and approved by voice vote.
Mr. Beck explained that he
had discussed this issue with the manager of the Boone County Regional Sewer
District. It was his understanding that their Board would meet on the
16th of September and they would enact their program. He said the Sewer
District's intent was to move forward with a connection fee and with an effective
date the same day as the City's. Mr. Beck said this would have some
impact on the budget -- one-twelfth of the estimated revenues of $425,000
based on permits that have been issued in the past year. He said there
would have to be a decision made as to whether or not the budget should be
amended to reduce the revenues shown. Mr. Beck reported additional
information will be sent to the Council.
B213-97, as amended, was
read with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL,
KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. ABSTAINING: JANKU. Bill
declared enacted, reading as follows:
B215-97 Authorizing
acquisition of land on the northeast corner of Range Line and Wilkes
Boulevard.
The bill was read by the
Clerk.
Mr. Beck said the Council
had given the staff direction to acquire the property at this location. Since
that time, he explained that the property has come under new ownership and
the Council asked that this ordinance be prepared.
David Rogers, an attorney
with offices at 813 E. Walnut, spoke on behalf of Harold and Fred Hinshaw,
the owners of the property in question. Mr. Rogers explained that the
Hinshaw's purchased the property two or three months ago. He explained
the layout of the property. He said there was one lot to the north
that was not involved with the building or the land immediately surrounding
it. He said there were also three lots to the east between the building
and Pannel Street. Most of the rest of the block was school property
and a playground with enclosed parking. It was Mr. Roger's opinion
that if the City were to condemn this property, it would cost anywhere from
$110,000 to $170,000 to not get very much. He said the City would also
be taking a fairly valuable piece of property off the tax roles.
Mr. Rogers said there was
a very good possibility, if the Council were to defeat the ordinance this
evening, that his clients could utilize the building and the property immediately
around the building for the uses for which it was purchased (a real estate
office would be in the southern most half of the duplex, and the northern
half, consisting of approximately 1,300 square feet, would be rented for
a commercial purpose). In any event, he said Mr. Hinshaw would remodel
the building for the two commercial purposes and utilize the land immediately
around the building for parking required for an O-1 use and a C-1 use. Armed
with the City's appraisal obtained in anticipation of litigation that verifies
the building adds nothing to the value of the property, Mr. Rogers said the
owner might well be able to donate to the City a substantial portion of the
property that is in excess of their needs and come out financially. He
said it would be a win/win situation for all concerned. In fairness,
he thought it would take about 60 days to determine if this would be feasible
or not.
Mr. Janku said he appreciated
the offer and thought it was well worth exploring.
Mr. Beck said the City did
not want two separate tracts, they would have to be connected. Mr.
Rogers said the tracts could probably be connected by the east ten feet of
lot one, or something of that sort. Mr. Beck thought there would be
room for a landscaped parking lot that would meet City requirements. He
said there would be enough room with the parking wrapped around the building
to have enough space left so the southeast corner could be connected.
John Clark, 403 N. Ninth,
President of the North Central Columbia Neighborhood Association, said this
was an issue his group has been very involved in. He and Mr. Hinshaw
had talked about some other possible arrangements other than actually buying
or taking the whole land. Mr. Clark said the neighborhood would like
to investigate some of these options because of the possibility that the
building could be used for some other purposes. He said the purposes
Mr. Hinshaw suggested were not necessarily bad ones. He said the neighborhood
is also interested in the maintenance of the building. He said there
were a lot of different groups interested in this issue, and his group expected
that all concerned would be involved in discussions about what would or would
not work for everyone.
Mr. Janku thought what was
being proposed had a lot of positive attributes. As opposed to spending
a lot of money to acquire the land and the building, he thought the City
could put the money into the park. He said the City would need to work
with the school to plan that, which could obviously take some time. Mr.
Janku suggested that the Parks and Recreation Commission could obtain input
through the public hearing process at one of their upcoming meetings. His
concern about the building had been that it could have been sold to someone
who would have used it for a bar or liquor store. He said something
like that could have had a very negative impact on the neighborhood. Given
the current owner and their long standing interest in the area, he did not
think that was any longer a threat. He thought the City was safe in
not acquiring the building. Mr. Janku suggested the Council defeat
the bill at this point.
B215-97 was read with the
vote recorded as follows: VOTING YES: NO ONE. VOTING NO: JANKU,
CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. Bill defeated.
B221-97 Annexing
property on the west side of Scott Boulevard across from Grant Lane.
The bill was given second
reading by the Clerk.
Mr. Beck commented that this
was an approximate 9.4 acre tract of land in which voluntary annexation is
requested. He said the staff was recommending approval. Mr. Beck
pointed out that the public hearing had been held previously.
B221-97 was given third reading
with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B222-97 Annexing
property west of King's Meadow Subdivision.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
five acre tract of land was located in west Columbia. Again, the staff
was recommending approval.
B222-97 was given third reading
with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B228-97 Confirming
the contract for construction of sewers in Sanitary Sewer District 136
(Olive
Street).
The bill was given second
reading by the Clerk.
Mr. Beck explained that five
bids had been received for this project and the low bid had been from Capitol
Railroad Construction Company in Jefferson City. The bid was for $38,304.50
and would be paid for by special assessment and City sanitary sewer utility
funds.
Mr. Campbell questioned whether
or not the City had previously done business with this firm. Mr. Patterson
said the company had been used before on contracts and the staff was confident
they could do the job.
B228-97 was given third reading
with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B229-97 Confirming
the contract for construction of a flood intake structure at Wetland
Treatment
Unit
3, and appropriating funds.
The bill was given second
reading by the Clerk.
Mr. Beck explained that the
bids that were opened had been substantially over the consulting engineer's
estimate and because of that, it would cost the utility fund a much larger
amount than originally thought. He said the staff was recommending
tabling the issue while they discuss it with the state and federal agencies
involved.
Dan Barkledge, an attorney
for Missouri Bridge and Concrete, explained that his client had been the
low bidder, but the bid had been rejected because the proper bid bond form
was not used. He explained the difference between the City's bid bond
form and the AIA form -- the one used in this case. He suggested that
the Council check into the situation to make sure it agreed with Missouri
law. Mr. Barkledge asked the Council to award the bid to his client
as well as not awarding any change orders to some other non-related bill. In
addition, he and his client would like to be informed when this matter is
returned for Council consideration so they may appear again.
Mr. Beck pointed out that
the above-mentioned bid had not been read because it did not comply. Mr.
Patterson said the bid was opened only to check the bid form, but the bid
was not read nor made part of the record.
Mr. Barkledge asked if this
item would be tabled to a date certain. Mr. Patterson said they would
either, at the next Council meeting, make a recommendation to the Council
to award the contract or to defeat the ordinance. He said staff's goal
is to get the money secured to provide an extension of time that will allow
them to bid the project and allow more time for contractors to work on the
project. Mr. Patterson said they found that to be probably the defining
factor in the high bids on the project. He noted that they had consciously
over the years developed their own documents and have chosen not to use specific
AIA contracts. He said they have always felt their contracts to be
appropriate. Mr. Patterson reiterated that these forms have been used
on multi-million dollar projects and did not feel there was a problem with
them.
Ms. Coble asked if she was
correct in assuming that a bid not coming in with the proper forms was deemed
non-responsive. Mr. Patterson said that was correct.
Mr. Janku said he appreciated
the staff's efforts to figure out some way to save the City additional money.
Mr. Campbell made the motion
to table B229-97 to the September 15, 1997 meeting. The motion was
seconded by Mr. Janku and approved unanimously by voice vote.
B230-97 Authorizing
an agreement with Boone County for a grant to help fund revisions to
the
Nifong
Boulevard intersections at Forum and Bethel, and appropriating funds.
The bill was given second
reading by the Clerk.
Mr. Beck explained, as the
Council is aware, the County Commission allocates $200,000 each year to various
cities within the County for road improvements. He said Columbia's
allocation was $30,000 and the staff is planning to utilize it on the two
intersections in south central Columbia. Mr. Beck pointed out that
the grant would not pay the entire cost of the project.
Mayor Hindman asked if the
work had been designed. Mr. Patterson said staff expected to conduct
the public hearings on the intersections in October. He said when the
preliminary designs were completed, staff found that additional pavement
would be required and the original estimates would not have covered that. Mr.
Patterson said they applied for the grants to provide funding for the additional
work. He was expecting construction would begin in the spring.
Mr. Kruse asked if the Council
would see the designs at the time of the public hearing. Mr. Patterson
said that was correct and added that would be the time to provide options
and alternatives, and get direction from Council resulting from public comment.
B230-97 was given third reading
with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B231-97 Authorizing
acquisition of the Gates/Rader building.
The bill was given second
reading by the Clerk.
Mr. Beck said the Council
had previous discussions regarding purchasing this property when it became
available. At this time, he explained that the Rader portion of the
building is available. He said this bill would authorize the City to
acquire the south half of the structure.
Mr. Campbell asked if the
City would be buying half of the building and leasing the other half. Mr.
Beck said that was correct.
B231-97 was given third reading
with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B236-97 Authorizing
an agreement with the University for use of a portion of the City's
fiber optic
cable
system.
The bill was given second
reading by the Clerk.
Mayor Hindman noted that
an amendment sheet had been prepared that would increase the University's
payments because there would be some additional fiber optic cable laid. The
increase would be from $1,900 per month to $2,150 per month.
Mr. Beck noted that the staff
had been working with the School Board and the University so they could utilize
part of the fiber optic cable system the City is installing. He said
that was in accordance with the master plan developed by the consultant and
discussed with the Council. He said part of Phase 1 is being implemented.
Ms. Coble made the motion
that the Council amend B236-97 per the amendment sheet. The motion
was seconded by Mr. Campbell and approved unanimously by voice vote.
B236-97, as amended, was
given third reading with the vote recorded as follows: VOTING YES: JANKU,
CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO
ONE. Bill declared enacted, reading as follows:
PR127-97 Establishing
policies relating to appointments to City boards and commissions.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
policy would formalize the application process the Council had requested.
Mrs. Crockett made the motion
that PR127-97 be amended per the amendment sheet. The motion was seconded
by Mr. Campbell and approved unanimously by voice vote.
The vote on PR127-97, as
amended, was recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Policy
Resolution declared adopted, reading as follows:
CONSENT AGENDA
The following bills were
given second reading and the resolutions were read by the Clerk.
B217-97 Approving
the final plat of Heritage Meadows, Plat 2.
B219-97 Vacating
a sewer easement in Lakeview Subdivision, Plat 2, and accepting a sewer utility
conveyance.
B224-97 Authorizing
an amendment to an agreement with the Department of Health for family
planning
services, and appropriating funds.
B225-97 Authorizing
an amendment to an agreement with the Department of Health for HIV
prevention
services, and appropriating funds.
B226-97 Appropriating
funds to the Convention and Visitors Bureau for printing and postage
expenses.
B227-97 Appropriating
funds to the Information Services Department and Fleet Operations Fund.
B232-97 Accepting
water utility conveyances.
B235-97 Adopting
annual conflict of interest/financial disclosure procedures.
R128-97 Setting
a public hearing regarding the FY98 Special Business District budget.
R129-97 Authorizing
an agreement with the Department of Health for breast and cervical cancer
services.
The bills were given third reading and the resolutions read with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R130-97 Authorizing
application for FY97 STP Enhancement Funds.
The resolution was read by
the Clerk.
Mr. Beck explained that these
were the four projects the staff wanted the Council to look at before applying
for the enhancement funds. He said they could be prioritized if the
Council desired.
Mr. Janku asked if this was
for next year's funds. Mr. Beck said there was money left over. Mr.
Hancock explained that the funding would be the last round of this highway
bill. Mayor Hindman pointed out that it could also be the last if the
highway bill did not come out right in Congress.
Mr. Janku said he was comfortable
with the sequence of priority. Mayor Hindman said he was also comfortable
with it. Mr. Beck said he did not think this order was meant to be
a prioritized list. He noted that the last two items had been submitted
before, but the first two had never been applied for.
Mr. Kruse was doubtful that
the third and fourth projects would be funded.
Mayor Hindman asked about
the total amount of funding that would be divided. Mr. Hancock said
it was about $550,000, and he had heard the State would not be providing
more than half of the district allocation to any one particular project.
Mr. Kruse asked then if there
was any chance of the first item being approved. Mr. Hancock said if
that item was the Council's top priority and the state wants to do it, they
may indicate that it is an approved project, ask for an amendment, and come
back with something later. He said the State may tell the City to hold
on and, if other districts do not spend all of their money, they will reallocate
to our district.
Mr. Campbell said he did
not have any strong priorities, but in view of the political practicality
of what had just been heard, he would reverse them.
Mr. Janku asked if it would
be possible to request less on the full amount of the Bear Creek project. Mr.
Hancock said that could be done and the application could be sent with the
understanding that it could be amended later on.
Mr. Beck asked if the $168,000
on the first project had been earmarked the local share. Mr. Hancock
said that was part of the local funds for the greenbelt. He said when
staff looked into it when working on the application, there had been about
$267,000 left in that fund from the 1/4% sales tax from 1995. After
taking out the $168,000, there would still be about $100,000 remaining.
Mr. Janku said there is a
way to segment this a little more if the Council wanted to break it up into
another segment. He said there was the six acres at the intersection
of Blue Ridge and the creek. He said work could be done to that point,
and then complete it later if additional funds are available.
Mayor Hindman said he was
torn in that the City had gotten the Bear Creek project underway. He
said the MKT Trailhead Park would be very nice for Columbia.
Mr. Beck asked if the Council
thought staff should submit at least two of the projects. He thought
possibly three would be smart. He said if the State had $55,000 in
funding remaining, they may be looking for a project in that price range. Mayor
Hindman asked if partial funding was ever granted. Mr. Hancock said
the State had on one prior greenbelt project a few years ago. He said
the City had asked before if they should reduce requests and had been told
to just let them ride. Mr. Hancock said staff could continue discussions
with the State to see how it looks closer to the deadline. He said
if the requests needed to be reduced a bit, that could be done. It
was decided all four projects would be sent without establishing priorities.
The vote on R130-97 was recorded
as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R131-97 Approving
the preliminary plat of Woods Edge Subdivision.
The resolution was read by
the Clerk.
Mr. Beck said this plat would
create five R-1 lots. It had been recommended for approval by the Planning
and Zoning Commission.
The vote on R131-97 was recorded
as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R132-97 Approving
the preliminary plat of Stoneridge Estates, Phase 1, and granting variances.
The resolution was read by
the Clerk.
Mr. Beck pointed out that
this had been recommended for approval on a 5 to 3 vote by the Commission. He
said there was also a concern on the staff's part regarding the north/south
collector street in the area. He said their feeling was that the street
should extend through the Subdivision, but the owner does not agree.
Mr. Campbell said this has
been an ongoing discussion and no agreement had been reached. He thought
there was the possibility of an agreement being worked out.
Mr. Campbell made the motion
that the Council table R132-97 to the September 15, 1997, meeting. The
motion was seconded by Mr. Kruse and approved unanimously by voice vote.
R133-97 Authorizing
a right of use permit to allow Gaslight Better Homes and Gardens to
adopt a
spot
for beautification along a portion of Forum Blvd.
The resolution was read by
the Clerk.
Mr. Beck explained that this
was the continuation of the ongoing program of allowing the flower beds along
Forum Boulevard to be adopted. The staff was recommending approval.
Mayor Hindman thanked Gaslight
Better Homes and Gardens for agreeing to do this. He said it was much
appreciated and would be a great improvement for the community.
The vote on R133-97 was recorded
as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R134-97 Authorizing
an agreement assigning THA Community Support Services' interest in
an
emergency
shelter contract to New Horizons Community Support Services.
The resolution was read by
the Clerk.
Mr. Beck said there had been
a change in ownership in some of the programs in Columbia. He said
that New Horizons has bought out THA and this would reassign the contractual
arrangements with THA to New Horizons.
Ms. Coble asked if there
was any local representation on the New Horizons Board, or if they were going
to let the former Board of THA act as advisory. Mr. Steinhaus said
that question had been posed by the Community Services Advisory Commission
and New Horizons' response had been no. He said they also did not have
any intention of doing that in the future. He said in addition, New
Horizon indicated they hoped they would not have to come back to the City
in the future to request additional social assistance funding. He said
the Commission had been pleased to hear that.
Mr. Steinhaus said New Horizons
directed a self-supporting operation in Jefferson City, and have a good relationship
with the Department of Mental Health. Ms. Coble asked if New Horizons
was cutting any of their housing. Mr. Steinhaus said they were not
and that they were going to continue to provide emergency shelter services. He
said he had spoken with Mr. Chung who said about 70% of the clients are able
to attach to some funding stream through the Department of Mental Health. He
said the other 30% of the clients are provided services at no charge. Ms.
Coble asked Mr. Steinhaus whether he felt he had sufficient mechanisms given
the history of the transition of the program. She said usually the
reason for a locally elected Board of Directors is to provide accountability
to the community and funders regarding services. Mr. Steinhaus said
he felt that he did, mainly through the Department of Mental Health oversight. Ms.
Coble asked if it was true that they had not done an audit of THA for years. Mr.
Steinhaus said that was true. He said the City's contracts allow for
audits. He said in working with New Horizons, he felt already he was
getting straighter answers and that they were more than willing to provide
whatever documentation he needed. Mr. Steinhaus said they want to assure
the City that they are providing quality services in this community and want
to do whatever they can to win the faith of the Commission and Council.
Mr. Janku asked if New Horizons
had said in the future they would not be requesting social service funding
from the City. Mr. Steinhaus said that was what they had indicated
to the Commission. They had said they would not come back next
year for social assistance funding, but they did not make any indication
about whether they would continue to apply for emergency shelter grant funds.
Mr. Steinhaus explained that
he had held the agreements for a period of time because there is an issue
with the Community Development Block Grant liens on the properties. He
said the THA Board still has to work them out. Ms. Coble asked if the
liens were transferred to New Horizons. Mr. Steinhaus said they would
not be transferred and it may be months before it is worked out. Ms.
Coble suspected that would be an example that had been discussed earlier
in which there are situations where the City would never get it because the
property does not hold the value.
Ms. Coble said one of the
issues mentioned by the Community Services Advisory Commission addressed
monitoring of programs and contract evaluation, not necessarily outcomes
based, and being able to develop a system of evaluation so they could investigate
agencies before many year's worth of administrative difficulties have occurred. Mr.
Steinhaus said he would do his best to stay on top of that and keep her posted.
The vote on R134-97 was recorded
as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R135-97 Authorizing
an agreement with New Horizons Community Support Services for
emergency
shelter services.
The resolution was read by
the Clerk.
Comments were called for
with none received.
The vote on R135-97 was recorded
as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R136-97 Authorizing
an agreement assigning THA Community Support Services' interest in
two
social
assistance contracts to New Horizons Community Support Services.
The resolution was read by
the Clerk.
Comments were called for
with none received.
The vote on R136-97 was recorded
as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R137-97 Authorizing
an agreement with U.S. Geological Survey for groundwater monitoring
of well
sites
around Columbia wetland treatment units.
The resolution was
read by the Clerk.
Mr. Beck explained that this
is a $152,000 program to monitor the groundwater wells in the river bottom. The
funds are split three ways; half paid for by U.S.G.S., half of the remainder
by the Water and Light Department, and the other half of the remainder by
the Public Works Department.
The vote on R137-97 was recorded
as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R138-97 Authorizing
an agreement with Water District No. 2 regarding water service for
Emerald
Ridge
Subdivision.
The resolution was read by
the Clerk.
Mr. Beck explained that approval
of this resolution would provide a formal agreement with the District.
The vote on R138-97 was recorded
as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE. 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:
B237-97 Authorizing
Transportation Enhancement Funds Program agreements for the Bear Creek
Trail
Phase 3 and Hinkson Creek Trail Phase 2 projects, and appropriating funds.
B238-97 Rezoning
from R-2 PUD to C-P property at the southeast corner of Hyde Park and Nifong.
B239-97 Approving
the final plat of Providence Village South, Plat 1.
B240-97 Approving
the final plat of Hanover Plaza, Plat 4.
B241-97 Assessing
a special tax to abate weed nuisances.
B242-97 Accepting
water utility conveyances.
B243-97 Adopting
the FY98 budget for the Special Business District.
B244-97 Establishing
Parks and Recreation Department fees.
B245-97 Amending
Chapter 27 of the City Code regarding water rates.
B246-97 Establishing
a Post Employment Health Plan for City employees.
B247-97 Adopting
the FY98 pay plan.
B248-97 Amending
Chapter 19 of the City Code regarding personnel policies, rules and
regulations.
B249-97 Authorizing
an annexation agreement and sewer line extension for Victoria South.
B250-97 Authorizing
an annexation agreement and sewer line extension for property located on
the
east side of State Route KK.
REPORTS AND PETITIONS
(A) Traffic Problems
at Soccer Fields at Fairview Park.
Mr. Beck explained this report
was in response to a Council request to try to alleviate some of the traffic
problems at Fairview Park. He said there were a couple of alternatives
the staff felt could help the situation. Mr. Beck said what this would
do would be to open up a cul-de-sac to a parking lot.
Mr. Campbell said he had
asked that this be sent to the Neighborhood Association. He will address
this issue again after hearing from them.
(B) Traffic Studies
- Thompson Road & Wyatt Lane, Ash Street & 5th Street, Park Avenue & Tenth
Street.
Mr. Beck said it had been
suggested that Thompson Road and Wyatt Lane be left as is, and the other
two intersections changed to all-way stops.
Ms. Coble asked when the
signs might be expected at Ash and Fifth, and Park and Tenth. Mr. Patterson
said passage of an ordinance authorizing installation of the signs is necessary.
Ms. Coble made the motion
that the staff be directed to prepare ordinances per the staff recommendation
(omitting Thompson Road and Wyatt Lane). The motion was seconded by
Mr. Janku and approved unanimously by voice vote.
(C) Second Quarter
Report on Volunteer Hours.
Mr. Janku said it was great. Mayor
Hindman agreed it was very impressive.
(D) FY97-98 Percent
for Arts Project List.
According to the guidelines,
Mr. Beck said there were several projects in the CIP that would qualify. He
thought perhaps this should be brought to the work session and then to the
meeting on the 15th so the Council could designate projects at the time they
adopt the budget.
Mr. Campbell said he thought
that was an excellent suggestion. Mr. Beck said that was what he would
do.
(E) Intra-Departmental
Transfer of Funds.
Report accepted.
BOARDS AND COMMISSIONS
None.
COMMENTS OF COUNCIL, STAFF AND PUBLIC
Mrs. Crockett said she had
received many calls from Lange Middle School parents regarding children trying
to cross Oakland Road and Smiley Lane, and the lack of sidewalks. She
had spoken with Mr. Patterson, and his staff had put up some signs and marked
the roadway. She said the main concern is where there are no sidewalks
on Oakland. Mrs. Crockett said the road was very narrow in spots and
had no shoulders and there were children riding their bikes on it to get
to school. She asked Mr. Patterson if there was any way to get the
Oakland project moved up sooner than next year when it was scheduled. Mr.
Patterson said although staff was well into the design of the project, there
really was no way because of the acquisition of right of way and everything
else that will be required. He did not think construction could be
expected before next summer. Mrs. Crockett said she did not want to
have a child injured, but she did not know what else could be done. Mr.
Patterson noted that they were monitoring the situation. He said their
traffic engineer had been out there four times since Mrs. Crockett had called. He
also said the traffic engineer had been in communication with the Police
Department and they have had some additional efforts in the area. Mr.
Patterson said staff intended to have a report back at the next meeting,
and that they had been evaluating putting in yellow flashing beacons as something
to assist while school is in session at both Smiley and Oakland.
Mrs. Crockett said she had
indicated to a caller that until the property on the east side of Oakland
is developed, the City could not require a sidewalk. Mr. Patterson
agreed. Mr. Janku said it had been platted. Mayor Hindman asked
if there was any way a path could be installed. Mrs. Crockett said
the creek would have to be crossed. Mrs. Crockett asked for any suggestions
anyone might have.
Mr. Janku asked if the students
were to the north or south of Smiley. Mrs. Crockett said the lady she
had spoken with was north of Smiley, but the others had been to the south. Mr.
Janku said to the north there was no really good crossing point. Mrs.
Crockett said the people to the south have a sidewalk up to Smiley and then
they can cross-over.
Mrs. Crockett said she had
been asked frequently about the Pony Express Painting in the Council Chamber. She
said she had no problem with it staying where it is.
Mr. Janku said the cost of
moving it had been quoted at approximately $15,000, and he was not prepared
to pay that much. Ms. Coble said she would like to see it cleaned. Mr.
Campbell said that would not preclude the curtain idea.
Mrs. Crockett made the motion
that the Pony Express Painting be left in its present location. The
motion was seconded by Mr. Campbell and approved unanimously by voice vote.
Mrs. Crockett asked where
the City stood on solid waste. Mr. Beck said Mr. Patterson had met
with the consultant last week and they had come up with some dollar figures. Mrs.
Crockett asked if they were talking about another report. Mr. Beck
said they did not have a report yet dealing with any site, but a report recommending
a site, which the Council has not selected as the number one site. He
said the next step was to get enough detailed information so they could talk
about financing the project. He said they would have to make sure they
have a workable layout plan for one of two sites.
Mr. Campbell thought the
Council had decided at the Retreat that work sessions on the issue would
be planned after they have finished working on sewer and budget. He
agreed the issue needed to be resolved.
It was decided the Council
would have work sessions on the subject.
Ms. Coble said previously
the Police Department had looked at a recreational vehicle parked on the
east side of West Boulevard, at Broadway and Ash. She said it had been
found to be legal as the owners said they occasionally used it for transportation
in town. She asked that the situation be revisited given that drivers
have to cross the centerline to pass the vehicle if going north on West Boulevard. She
said those who live in houses to the north of the vehicle are barely missing
being hit every time they pull out of their driveways because they have no
visibility. Chief Botsford said staff would take another look at it.
Ms. Coble understood it was
not the City's policy to get a change order on a construction project for
use of City funded contractor's equipment on private property. She
said there was a request from private property owners, who are adjacent to
a large construction project of the City, to have some backhoe work done. Mr.
Patterson said he was familiar with Ms. Coble's concern. He said private
property owners quite frequently make their own arrangements with the contractor,
but the City does not authorize issuing change orders to use the City's contract
or City funds on private property for private purposes.
Mr. Janku said he had received
a call from someone pleased with the crossing guard at Derby Ridge and the
new crosswalks across from the new Middle School on Smiley Lane.
Mr. Janku had been asked
about the staff taking a look at the parking on the northwest corner of Morning
Glory and Garden Drive. He said parking had been taken off the southwest
corner a few years ago. The duplexes to the north are continuing to
have a parking problem.
Mr. Janku asked if a response
had ever been received from the Highway Department about Primrose and Stadium,
and striping the lanes on Stadium or Route E, so the people pulling out could
be confident the traffic (particularly truck traffic) would stay to the right. Mr.
Patterson said the only response staff had received was that the Highway
Department would be doing a study on it and said they would advise the City
of their findings.
Mr. Janku explained that
he had received a call from someone on Garth Court who is having problems
with the sight distance when trying to pull out onto Garth. The caller
had asked about a three-way stop. Mr. Janku said he assured the caller
he did not think it would qualify. He asked if there was anything that
could be done in terms of signage that would warn motorists of the intersection. Mr.
Janku said the caller was also very interested in sidewalks because of his
children walking to school. He told the individual he would convey
his interest and, hopefully, in future budgets it could be looked at.
Mr. Janku said the Council
had received a letter about the potential greenbelt area on Hinkson Creek
in northeast Columbia. He thought discussion should continue on this
topic. Mayor Hindman suggested that because the letter had just been
received, the Council should consider it at the next meeting.
Mrs. Crockett announced that
the Highway Department had installed some rather large signs on Highway 63,
at the COLT Railroad crossing, that she felt would be very helpful in alerting
motorists of the crossing.
The meeting adjourned at
12:15 a.m.
Respectfully
submitted,
Penny
St. Romaine
City
Clerk
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