INTRODUCTORY
The City Council of the City
of Columbia, Missouri, met for a regular meeting at 7:00 p.m., on Monday,
March 2, 1998, 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 February 16, 1998, were approved unanimously by voice vote on
a motion made by Mr. Campbell and a second by Mr. Janku.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING
CONSENT AGENDA
Upon her request, Mr. Campbell
made the motion that Mrs. Crockett be allowed to abstain from voting on R57-98,
B70-98, and B71-98. The motion was seconded by Mr. Janku and approved
unanimously by voice vote.
Mr. Campbell noted that he
would be making a motion under New Business for the purpose of placing a
resolution on the agenda at the next meeting. He explained that the
Trinity Lutheran Church is planning a major addition to their building, and
there is a group of laborers who work for the church on a temporary basis
to help in the construction process. This group is asking for a temporary
permit to stay on the property during that time period, and the resolution
would allow for that to be accomplished.
Mayor Hindman noted that
R59-98 would be added under Old Business, just above B67-98, pertaining to
the sale of revenue bonds.
Mayor Hindman noted that
a request for withdrawal had been received from Mr. Moosmann for B61-98 and
R39-98.
The agenda, as amended, including
the Consent Agenda, was approved unanimously by voice vote on a motion made
by Mr. Campbell and a second by Mr. Janku.
SPECIAL ITEMS
1. Resolution
of Appreciation - Dick Green
Mayor Hindman presented Mr.
Green with a resolution of appreciation for his 29 years of service to the
City as the Director of the Parks and Recreation Department.
On behalf of the City staff,
Mr. Beck thanked Mr. Green for his service and leadership.
Mr. Green said that Columbia
has been a great place in which to live and work, especially with the support
given him by the citizens, the Council, and the staff.
Ms. Coble commented that
one of the most profound things an individual can do is to find a job they
really love and enjoy working at. She said Mr. Green had been able
to do that -- work really hard while having a good time. She said that
hard work had been to the City's benefit so all residents could have a good
time.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B356-97 Amending
Chapter 25 of the City Code as it relates to plat submittal requirements
and
sidewalks.
The bill was read by the
Clerk.
Mr. Beck noted that one of
the goals of this particular ordinance is to establish requirements for construction
of sidewalks along unimproved streets. After additional review and
a Council work session regarding the proposed amendment, Mr. Beck said staff
recommends that this issue be tabled indefinitely. He said it does
not mean that staff would not pursue working on the goals of the Council. One
of which is to ensure that sidewalks would be built along all streets in
new developments and, if this is not feasible, to attempt and have some type
of temporary walkway or sidewalk in place as early as possible to keep pedestrians
out of the roadways. Mr. Beck reported staff is having problems in
getting the language worked out that can accomplish the above stated goals,
and yet would still be fair to the developer. The staff plans to meet
again with area developers to arrive at some type of method to get these
goals accomplished. Once the amendments are agreed upon, the issue
will be presented to the Council at a future work session.
Mayor Hindman thought the
goals are correct, but he could see unintended consequences that he felt
would not be fair. He said this is a difficult issue and thought it
needed more review.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
Mayor Hindman made the motion
that B356-97 be tabled indefinitely. The motion was seconded by Mr.
Janku and approved unanimously by voice vote.
B51-98 Authorizing
installation of traffic calming devices in the Colonial Gardens Subdivision.
The bill was given second
reading by the Clerk.
Mr. Beck explained that money
had been budgeted to put in traffic calmers on streets where speeding problems
exist. He said Colonial Gardens is an area where speeding and increased
vehicular traffic is an ongoing problem because soccer fields have been established
in Fairview Park. Some of the increased traffic, going to the soccer
fields, has been speeding and creating various other problems. Mr.
Beck pointed out that Mr. Campbell and Mr. Patterson met with the neighborhood
groups and developed what would be the City's first traffic calmers.
Mr. Patterson explained that
there are basically four locations where staff proposes improvements to help
solve the primary problem in the neighborhood -- speeding. The first
traffic calmer would be located at the intersection of Concord and Yorktown,
and would consist of a raised crosswalk to the school property across Yorktown. Proposed
to be incorporated with it is a segment of sidewalk on Concord which will
complete a pedestrian network to the school. Signage would also accompany
the improvements to provide adequate warning to oncoming traffic as to the
presence of the calming devices. The second item being recommended
is the installation of bulbouts at the intersection of Yorktown and Westport. Mr.
Patterson explained that the purpose of these extrusions is to actually protrude
into the traffic lane, which would require an approaching vehicle to slow
and veer away from the bulbout. He said this particular location seems
to be the point where there are conflicting traffic movements, and the bulbouts
should help control the movements. Mr. Patterson pointed out that the
bulbouts would also have the potential for low vegetation landscaping. The
third proposed item is the installation of a speed table on Westport Drive,
approximately half way between Yorktown and the end of the street. He
said it would be well-marked and highly visible. The last item is a
speed bump at the park entrance, which had been requested by the neighborhood. The
cost for the traffic calmers is estimated to be about $13,000, and would
be done by force account labor.
Mr. Beck pointed out that
these new standards are being used quite successfully in other cities. If
these work well, he said there are other areas staff could look at installing
the devices.
Mayor Hindman said if the
traffic calmers are successful, the City would be receiving many requests
from other neighborhoods. Speeding in neighborhoods appears to be one
of the biggest objections Council members hear about.
Mayor Hindman opened the
public hearing.
Sarah Lang, 1012 Westport,
spoke on behalf of the Fairview Neighborhood Association. She said
the problem is twofold, and the traffic calmers address the speeding issue. Ms.
Lang explained that the neighborhood firmly believes the other part of the
problem is the number of cars coming through the area. She said the
increased usage of the rear portion of Fairview Park by soccer teams for
practicing has been drastic over the four years she has lived in the neighborhood. She
said the number of cars coming down that road, on any given night during
spring and fall soccer seasons, is unacceptable. Many nights, there
are several hundred cars coming through the area in a couple of hours. Ms.
Lang said speed is an issue, as is also the number of cars. She pointed
out that the association's original request had been to close off the area
being used as a rear entrance, and then establish an entrance off of Fairview. Because
of the cost, Mr. Campbell had told them that was probably not possible. Ms.
Lang emphasized that residents still, wholeheartedly, endorse that possibility. She
reported that Mr. Campbell had been talking to the Park Department about
managing the number of teams that actually practice at Fairview on a given
night. Linda Haus, a Yorktown Drive resident, said the entire
neighborhood has been affected by the traffic created by the soccer fields. Mrs.
Haus said residents are looking at this solution as a bandage.
Phil Fichter, 3005 Yorktown
Drive, reiterated the volume and speed issues. What is being proposed
tonight would help deal with the speed, but not the volume of the traffic.
Mayor Hindman closed the
public hearing.
Mr. Campbell agreed the issue
of volume needed to be addressed at some point. He said speed counts
had been done, and 40 mph had been the average speed during the hours of
soccer practice. He said signage had been attempted, which simply did
not work. Mr. Campbell understood a report would be coming out shortly
regarding the scheduling of soccer fields.
B51-98 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:
B56-98 Amending
chapter 29 of the code to clarify language pertaining to non-conforming
uses.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
issue had been raised by the Board of Adjustment. He said there were
questions as to the clarity of the language relating to the non-conforming
use of property, more so than the non-conforming use of buildings. He
explained that the Council had referred the issue to the Planning and Zoning
Commission, and public hearings had been conducted.
Mayor Hindman opened the
public hearing.
Larry Hine, 2505 Primrose,
explained that he lives near an existing non-conforming use. He read
from the proposed amendment, subsection (a), "the nonconforming use of land
shall not be extended or enlarged, either on the same or adjoining property". Mr.
Hine reported he would prefer that the ordinance be more explicit to read, "not
to increase production or capacity". In other words, to address the
increased production or capacity of an asphalt or cement plant.
Mr. Boeckmann explained that
the basic concept of a non-conforming use is associated with a Constitutional
right to continue using property as one has been using it. He said
Mr. Hine was talking about increased productivity. He said one could
increase business and, as long as equipment is not expanded, courts generally
have tended to allow businesses to do so. He said this issue is a little
more complicated when referring to a quarry, which by its very nature is
expanding. Aside from the enforceability problems, Mr. Boeckmann said
if the business could use the same amount of equipment and be more productive,
he did not think there was any way the City could legally prohibit it. Mr.
Hine said if one could increase capacity or production with the same equipment,
that is understandable. He questioned when equipment is added, and
production or capacity is expanded.
Ed Sapp, 2605 Creasy Springs
Road, spoke about the problems he has had with Boone Quarries. Mr.
Sapp distributed pictures of uncovered trucks and the dust created by them.
Jim Corrigan, 2311 Winchester,
said based on his experience with the Quarry over a period of time, he felt
it is very important that the City have definitive rules which spell out
what can and cannot be a part of a nonconforming use. He said volume
of business also expands transportation problems, expands dirt (in the case
of the Quarry), it creates additional noise, additional blasting, and the
kinds of things that disrupts neighborhoods. He recommended acceptance
of the ordinance.
Midge Pinkerton, 1014 Westport
Drive, said she had served on the Board of Adjustment from 1971 to 1976,
with her first case being a request from the Quarry for a conditional use
permit. She said if the Council could do anything to restrict or control
the use of the Quarry's operations with this amendment, they should do so.
Mayor Hindman closed the
public hearing.
Mr. Campbell asked Mr. Boeckmann
to address the question of enlargement versus expansion. He wondered
if anything could be done beyond what is stated in the amendment. Mr.
Boeckmann said the City could limit the physical expansion, but in terms
of a business producing or selling more of their product, he did not think
that is possible. He explained that this amendment is meant to deal
specifically with the one issue that had been encountered in the Con-Agg
case. He said the ordinance had not been reviewed to figure out all
of the possible devices that deal with nonconforming use, or to ensure the
City has the tightest regulations possible. Mr. Boeckmann stated if
the Council wanted that done, he could look into it.
Mr. Janku said some of the
concerns may be addressed by other means than through the use issue. He
said there is conduct, regardless of whether or not the use is expanded,
and perhaps this could be regulated in other ways.
B56-98 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:
B57-97 Voluntary
annexation of property owned by Rangeline Properties located on the
east side
of
763; establishing permanent zoning; amending land use plan.
The bill was given second
reading by the Clerk.
Mr. Beck explained this estimated
200 acre tract of land is approximately one-half mile north of Smiley Lane. The
proposed permanent zoning is a combination of M-C, C-1 and O-1. The
Planning and Zoning Commission had voted in favor of the request on a 6-3
vote.
Mayor Hindman recalled that
the owner had originally asked for M-1 zoning on Tract A. Mr. Bondra
said that was correct, but the applicant accepted the Planning Commission's
suggestion and changed the request to M-C.
Mayor Hindman opened the
public hearing.
Skip Walther, attorney with
offices at 700 Cherry Street, spoke on behalf of Benton Homes, Inc., and
the Columbia Pride Soccer Club. He said there is no question that there
is a demand for industrial property in Columbia. Because of the health
care, education, and insurance industries, Mr. Walther said the community
has been relatively recession-proof for many years. As such, the City
has not had to depend upon industrial developments for its economic well-being. This
proposal would satisfy the demand for industrial property by providing a
significant increase in the supply Columbia has to offer, but his clients
are opposed to the request. He said the tract in question is surrounded
by some industrial property, but there is also a great deal of dense residential
in the area.
Mr. Walther explained that
his client has a manufactured home commercial business on 763, and Shalimar
Gardens, a residential subdivision, is located behind it. Mr. Walther
also described the locations of Arcadia and Derby Ridge subdivisions, the
new schools in the area, the locations of the Columbia Pride Soccer Park
and the Boone County Jail, and the location of a tract of land the Columbia
Diamond Council has leased from Boone County to be developed for baseball
purposes. His point is that the area has seen explosive growth in residential
use. In addition, Mr. Walther said 763 is a very heavily traveled two-lane
road. With industrial property, truck traffic would only increase. He
said if the Council believes that additional industrial property is needed
at this location, consideration should be given to a controlled or planned
zone for this particular development. Mr. Walther explained that the
County has a planned industrial classification, and suggested it might be
time to consider one for the City as well.
Ron Shy, 5600 S. Highway
KK, spoke on behalf of Rangeline Properties. He said there had been
some discussions at the Planning and Zoning meeting regarding buffering along
763. He noted that the M-1 request had been reduced to M-C by the applicant
after some of the Commission members felt there should be some commercial
along 763. Not shown on the overhead is a layout for a road system
for the property in question, and the tract to the north of it. Mr.
Shy did not know how else one could possibly buffer along 763 unless commercial
zoning is designated at this location.
Larry Benton, 2900 Chinaberry
Drive, developer of Shalimar Gardens Subdivision, asked the Council to deny
the industrial zoning. He said when Shalimar Gardens had been planned,
he looked at the long-range plans for the area. A couple of years ago,
a company tried to get this land rezoned to industrial, and the County had
denied this request. Mr. Benton said because of the tree ordinance
and with the intention of annexing into the City, this developer has cut
down a lot of trees to clear the land. He said this type of company
should require a more restrictive zoning than what the City currently has. Mr.
Benton thought if the property is annexed into the City, it should be kept
residential.
Mrs. Crockett asked what
Mr. Benton's property was currently zoned. Mr. Benton said his mobile
home sales was in commercial zoning. He said with a road like 763,
commercial zoning is expected along the land adjacent to it.
Mr. Janku asked if the open
commercial adjoins the single family area (Shalimar Gardens). Mr. Benton
said Shalimar Gardens has a setback of about 400 feet from the road. Mr.
Benton gave the Clerk a petition from some of the people living in the subdivision.
Mayor Hindman closed the
public hearing.
Mr. Campbell said between
this bill and the next, there are 319 acres of industrial property being
proposed for annexation tonight. He said that would shape much of the
area, and thought the Council should proceed with due caution. He agreed
with Mr. Walther in that the City does not have the most appropriate zoning
available -- a controlled zone. On the other hand, having commercial
zoning adjacent to industrial may be a fairly good zoning transition. Mayor
Hindman, however, expressed concern about the relatively large amount of
industrial zoning being so close to residential areas.
Mr. Kruse asked about the
difference between the City's M-C category and the County's planned industrial. Mr.
Bondra said the County's M-L, in terms of allowed and intensity of uses,
lies somewhere between our M-1 and M-C zoning classification. He said
there may be some kind of plan requirement, but he was not sure. He
said the County's M-L zone was less restrictive than the City's M-C in terms
of the uses. Mr. Kruse asked if the City's M-C zoning has any landscaping
requirements, other than the requirements that would apply to any industrial
facility. Mr. Bondra said it requires that any outdoor storage be screened.
Mr. Campbell asked if the
County required a plan for M-L. Mr. Watkins said it did not.
At the time Arcadia was developed,
Mr. Janku asked if there had been some type of acquisition. Mr. Shy
said there had been some acquisition of the area behind the M-L, below the
subject tracts. He said it was subsequently sold off as an R-2 development. He
said the C-P area above it is the area where the soccer fields will be. He
pointed out an arterial road that is to go over to Oakland Gravel. Mr.
Janku thought Arcadia had worked to create a buffer with the R-2 because
the developer realized there was a potential problem. Mr. Shy said
it had been decided R-2 zoning would be the best buffer in this instance.
Mayor Hindman said it was
his impression that the eventual fate of this area would be essentially industrial. He
said much of the commercial zoning is close to industrial in and of itself. He
said it is true the City needs industrial property and this seemed to him,
in many ways, the logical way to resolve that problem. Mayor Hindman
said that most modern industrial areas are reasonably attractive.
Regarding traffic, Mr. Campbell
asked about the traffic plans for accessing this site. He wondered
if the traffic would be more likely to come off Route B and then down Blue
Ridge. Mr. Beck said there is another road projected, and asked Mr.
Patterson to describe the east/west road. Mr. Patterson said he believed
Mr. Beck was referring to the extension of Brown School Road over to the
intersection of 63 and Oakland Gravel. He said this had been discussed
at the last meeting, and it would be a major revision to the intersection
that would cause it to become a through street. Mr. Patterson reported
all of the discussions staff has had about the development plans associated
with the Arcadia project have been to assure that an arterial street is established
in an east/west direction from that intersection.
Mrs. Crockett agreed with
Mayor Hindman in that there have been discussions regarding the need for
more industrial land. She said not too long ago, 763 was Highway 63
-- and it handled a lot more traffic than what occurs today. She is
in favor of the zoning request.
Mr. Janku said there are
certain restrictions in the zoning ordinance dealing with the lot size for
M-C zoning. He felt that would help create a more quality development,
and the 400 foot buffer was significant for the residential mobile home area.
Mr. Kruse said he had decided
to vote in favor of the request, but was hopeful that a lot of trees had
not been removed to avoid the tree preservation ordinance.
B57-98 was given third reading
with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN, HINDMAN. VOTING NO: COBLE. Bill
declared enacted, reading as follows:
B58-98 Voluntary
annexation of property owned by George Spencer, et. al., located on
the east
side
of 763; establishing permanent zoning; amending land use plan.
The bill was given second
reading by the Clerk.
Mr. Beck explained that M-1
zoning (general industrial) is proposed for 108.04 acres, and M-C zoning
(controlled industrial) is proposed for the 34.12 acres. He said the
Planning Commission approved the request on a 6-3 vote.
Mr. Bondra noted that M-1
zoning had been the original request for the entire tract, but the Commission
had particular concerns about the area to the north and along the east side
of the property, adjacent to residential uses. He said the Commission's
recommendation had been a 400 foot buffer of M-C. He said the applicants
had agreed to the Commission's recommendation. Presently, most of this
tract is zoned county M-L.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B58-98 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:
B59-98 Annexation
of property owned by the City located on the east side of 763.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
involves two small tracts of land that the City acquired as part of the merger
with Public Water District No. 1. He said if the property is not annexed,
the two tracts would create an island.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B59-98 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:
B60-98 Rezoning
property located at 701 West Sexton Road from R-2 to O-P.
The bill was given second
reading by the Clerk.
Mr. Beck noted that approval
had been recommended on a 5-2 vote by the Planning Commission. He said
the use of the property is to be limited to R-2 uses if it is not used for
a day care center.
Mayor Hindman opened the
public hearing.
Linda Wilson, 9641 Plum Woods
Road, owner of the property, offered to answer any questions.
Ms. Coble asked if any of
the neighbors had commented on the rezoning to Ms. Wilson. Ms. Wilson
said there had been no negative comments.
Mayor Hindman closed the
public hearing.
Ms. Coble said she had not
received any calls about people being concerned about this rezoning request. Over
the past several years, however, she had received complaints from people
looking for extra day care in the City, and this project would meet a need.
B60-98 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) Construction of
Hinkson Creek Trail Phase 1.
Item A was read by the Clerk.
Mayor Hindman read the following
statement:
(B) Street construction
on Alan Lane from McKee Street to its eastern terminus.
Item B was read by the Clerk.
Mr. Patterson explained that
this hearing is for the purpose of determining the necessity of reconstruction
of Alan Lane, from McKee Street eastward. Alan Lane is a local residential
street approximately 635 feet in length. The existing roadway is an
asphaltic concrete pavement with chip and seal approximately 14-16 feet in
width, located in a right-of-way that varies from 40-45 feet in width. Roadside
ditches and driveway culverts exist along both sides of the street.
Mr. Patterson said the road
is generally in poor condition. This street reconstruction project
was initiated through a petition submitted by one of the property owners,
who represented 61% of the total abutting footage along Alan Lane. This
individual was in the process of subdividing the southern side of Alan Lane
into additional lots, and has requested a tax bill street improvement project.
Due to the existing right
of way width and the proximity of improvements to the right of way, Mr. Patterson
reported that construction of a standard 32 foot wide street with sidewalks
on each side would be very difficult and expensive, and would also have a
very negative impact on abutting properties. Staff considered
two alternate design sections for Alan Lane. The first was the standard
32 foot wide residential street with no sidewalks. The second was a
28 foot wide curbed and guttered roadway with a four foot wide sidewalk,
located two feet behind the curb along the north side of the roadway. Due
to additional grading and excavation in the yard areas and additional removal
and replacement of driveway pavement, there would be an estimated additional
cost of approximately $7,000 to include the sidewalk, even with the more
narrow street. There are no other sidewalks currently along McKee Street
or other portions of Alan Lane. However, Mr. Patterson said the staff
does not feel that having a more narrow street at this location will be detrimental
to the adjacent properties or to the general public, and would recommend
a 28 foot wide street with a four foot sidewalk located on the north side. It
is also recommended that a temporary cul-de-sac be constructed on school
property at the east end of Alan Lane. The temporary turn-around will
allow for refuse trucks and other large vehicles to maneuver, and could be
removed in the event Alan Lane is extended further eastward with some future
development plan of the school district property.
During the preliminary design
process, Mr. Patterson noted that the staff had been in contact with most
of the property owners and had sent a letter seeking input from all of the
property owners. Most of the concerns that are related to the design
of the project have been accommodated but, there are still significant concerns
by some property owners with regard to the financial impact and the removal
of trees along the street. He explained that with either design alternative,
there will be approximately 19 trees removed. The trees are, for the
most part, located within the existing street right of way, but many are
of substantial size. The re-planting of trees will be part of the project
development, but obviously will not be of a similar size to the original
trees.
Mr. Patterson stated that
the resolution estimate is $127,000 for the 28 foot wide street with a sidewalk,
with funding coming from the annual street section of the Capital Improvement
Program (CIP) and the remainder, or approximately $34,700, from special tax
bills levied and assessed against the adjacent properties. The maximum
tax bill rate charged to the adjacent property would be $29.36 per abutting
foot.
If Council decides to proceed
with construction of the road, it will be necessary to have another public
hearing after completion to determine special benefits accruing to the adjacent
properties. Some of the possible benefits to be considered include
the following:
1. The new curbing
improves the appearance of adjacent property and provides for better stormwater
runoff
control.
2. With the reconstruction
of the street, new driveway entrances will be provided improving the access
to the
properties.
3. The sidewalk will
provide improved pedestrian safety for residents and property owners in the
area.
4. The new street surface
will provide for more efficient snow removal and street cleaning.
After receiving public input,
Mr. Patterson said if the Council wishes to proceed, a motion should be
made directing staff to complete necessary documents for bidding the construction
of the project.
Mrs. Crockett remembered
there being some stem lots off of Alan Lane. Mr. Patterson said that
was correct. Mrs. Crockett asked how those lots would participate in
the costs associated with this project. Mr. Patterson said these individuals
would only participate to the extent of the frontage abutting the property. He
said there are three stem lots with very narrow stems extending up to Alan
Lane.
Mr. Campbell asked if the
three lots, as well as the lots facing the street, were under common ownership. Mr.
Patterson believed they were. He said they were either under single
ownership or under a corporate ownership that was purchased from a single
seller.
Mayor Hindman asked if he
understood that 61% of the frontage was held by one ownership at the time
the petition was received. Mr. Patterson said that was correct. He
said since that time, the property on the south side has been subdivided
with the stem lots. He said staff had not heard anything about withdrawing
the petition. Mayor Hindman said if this were a new subdivision, the
developer would be responsible for the costs associated with constructing
the streets. Mr. Patterson said that was true. Mayor Hindman
said the actual percentage the property owner will pay for this street project
would be about 30%. In this case, Mr. Patterson said less than 30%
of the total cost would be paid by tax bills. Mayor Hindman said it
looked like a situation where someone can get the City to pay for streets
in what is effectively a new development.
Mr. Janku said he was not
sure that it was any different from any development along an unimproved street. The
Council decided this is an issue that should be reviewed.
Mayor Hindman opened the
public hearing.
Karla Crockett, explained
that she is the owner of the property on the corner where Alan and McKee
intersect. She said her property contains 155 feet of frontage along
Alan Lane. Ms. Crockett said when she bought the property in June of
1996, the current property owner, Mr. Martin, tried to get the City to upgrade
the street. This had occurred before Ms. Crockett signed the contract
on her house, and she was told the request had been denied. Two weeks
after signing the contract, she found out that the request had actually been
approved. She had never been informed that the City was giving consideration
to upgrading the street, nor had the person from whom she purchased the property. Ms.
Crockett was under the impression that Alan Lane was privately owned by the
Perkins family, which is also indicated on her abstract. Since then,
she found out that the City was able to obtain the road in 1982. In
addition, Ms. Crockett learned that Mo Sidra had purchased all the property
on the south side of the road from Mr. Martin. She said the lifestyle
of the tenants occupying his properties very much affects her level of comfort
as many of his tenants are unemployed, and they drive up and down the road
all hours of the day and night. Ms. Crockett also had concerns about
a drain shown in the plans that would be located in front of her driveway. Because
the one end of the street is not far from Ballenger Lane, Ms. Crockett hoped
the Council would relieve some of the volume of traffic by providing those
residents another outlet.
Mr. Janku asked Ms. Crockett
about her tax bill. Ms. Crockett said if she had the cash to pay it
up front, it would cost her a little more than $6,000. Since she cannot
afford to do so, it would cost her somewhere in the neighborhood of $10,000
because of the interest associated with the ten year plan. Ms. Crockett
said that was one-quarter of what she paid for her property. Mr. Janku
asked staff if Ms. Crockett's property was a through lot that would be subject
to some relief. Mr. Patterson said this is a corner lot and would not
be subject to any reduction.
Ms. Coble asked about the
driveway issue. Mr. Patterson said the plans showed an inlet along
the property, but it did not appear to be where the driveway or garage is
located. He said the drain is located more toward the intersection
of the street. His understanding was that staff had been talking to
people about design considerations, which could be accommodated; however,
there had still been concerns about the costs associated with the project
that staff was not able to address. Ms. Crockett said that a staff
member had informed her that if the sidewalk was put in along the north side
of the road, the right-of-way would be butted up against her house in order
to have the correct amount of footage for curbs and gutters. The drain
tile would then be in a portion of her driveway, and she would lose the corner
of her property in opening the right-of-way. Ms. Coble asked if that
is the case if a 32 foot wide street is constructed as opposed to the reduced
28 foot street. Mr. Patterson explained that what staff had done was
to crowd everything as far to the north as possible between Ms. Crockett
and the Pinell property. He said it is not that the street is being
pushed to the south against the property line, but it is that Ms. Crockett's
house is on the property line right now.
Mr. Campbell asked if that
is also true when considering a 28 foot wide street. Mr. Patterson
said it was. In addition, if there is very much traffic at this location,
parking restrictions will also have to be considered.
Mayor Hindman asked about
going through to Ballenger Lane. Mr. Patterson explained this is school
district property, and staff has been in contact with them. At this
point, the District has no plans for development. Mr. Patterson thought
they were working on some master planning, but there are no immediate plans. At
this point, staff is trying to arrange for a temporary cul-de-sac so residents
would at least have a turn-around. Mr. Patterson said it would be difficult
to force a street through without having some plans for development.
Ms. Crockett said there are
not any other streets, except for the newly developed streets off of Clark
Lane, that have curb and guttering and sidewalks.
Mayor Hindman closed the
public hearing.
Mr. Janku said generally
everyone is in favor of street improvements, but this is one case where he
could not support it. He said there are streets in his ward that he
would consider to be a much higher priority for $100,000 worth of public
funds. In addition, Mr. Janku had recently mentioned that the City
needed to look into the interest rate on tax bills. He said he will
have to vote against the project.
Mayor Hindman said the public
treasury gets hit awfully hard by current policies, and he did not know exactly
what to do about it. He said the City wants to encourage good streets,
but this would be less than 30% of private funds going into it. He
said he could not support it.
Mr. Campbell reiterated what
the speaker had said about this being a street going to nowhere. If
this were part of a network, it would be a different matter. This improvement
would basically benefit one developer, and Mr. Campbell did not see it as
a wise use of public funds.
Mrs. Crockett said she intended
to vote against the project because it is not benefitting many people for
the amount of public money involved. With the funding that would be
spent for this project, a through street could be constructed in an area
of the City that would benefit a lot more people. She also thought
the City needed more information on the school district's plan for their
property in this location. At that time, perhaps something could be
done in conjunction with the District's project.
Mr. Campbell made the motion
that the City NOT proceed with the project. The motion was seconded
by Mr. Janku and approved unanimously by voice vote.
(C) Street construction
on Conley Road from I-70 Drive SE to the northern terminus.
Item C was read by the Clerk.
Mr. Beck explained that some
time ago, a petition regarding construction on Conley Road had been presented
to the Council. Since then, policies have changed so that the City
would not have to pay a substantial portion of construction costs when the
street primarily serves the abutting property owners. Mr. Beck asked
Mr. Patterson to explain the project and note the benefits to the abutting
property owners.
Mr. Patterson explained that
this public hearing is to determine the necessity of re-constructing Conley
Road from I-70 Drive Southeast to the northern terminus. The existing
roadway is an unimproved street, primarily asphaltic concrete, approximately
425 feet in length and is located within a 50-55 foot right of way. There
are no sidewalks along this section of Conley Road. Comfort Inn, MFA
Breaktime, and a vacant lot north of MFA Breaktime all derive access from
this roadway. Mr. Patterson reiterated that the street is classified
as a local non-residential street. The design standards for a local non-residential
street are the same as a collector street. However, it is proposed that Conley
Road be constructed to a 32-foot wide roadway rather than the 38-foot wide
roadway. The additional thickness will be provided due to the anticipated
heavier loading of vehicles using the street. The 32-foot street will allow
room for a sidewalk along the west side of the roadway for the entire length. Improved
driveway approaches and intersection improvements at the south end are also
part of the project.
Mr. Patterson explained that
this project was initiated when a petition for tax bill improvements was
received by the City Clerk on November 12, 1996. The petition was signed
by two of the three abutting property owners, representing approximately
93% of the abutting footage. Staff was unable to recommend proceeding with
tax bill improvements on Conley Road due to the cost to the City for what
was perceived as a limited public benefit. A change to the City Ordinances
was presented to the City Council and approved on February 2, 1998, which
provides that the cost of improvements to a local non-residential street,
such as Conley Road, may be tax billed entirely to the adjacent property
owners.
Mr. Patterson noted that
the resolution estimate is $83,500, with payment for this work being proposed
from special tax bills levied against the adjacent properties at a rate not
to exceed $92.00 per abutting foot, and from quarter percent sales tax funds. The
tax bills are expected to generate approximately $73,500 from abutting properties.
He said the remaining cost of approximately $10,000 will be borne by the
City of Columbia from the quarter percent sales tax funds. The costs
borne by the City include engineering design costs and intersection costs
at the south end, which are increased slightly more than normal due to the
extra width of right of way.
Mr. Patterson said if the
Council decides to proceed with construction of the road, it will be necessary
to have another public hearing after completion to determine special benefits
accruing to the adjacent properties. Some of the possible benefits
to be considered include the following:
1. The new curbing
improves the appearance of adjacent property and provides for better stormwater
runoff
control.
2. With the reconstruction
of the street, new driveway entrances will be provided improving the access
to the
properties.
3. The sidewalk will
provide improved pedestrian safety for residents and property owners in the
area.
4. The new street surface
will provide for more efficient snow removal and street cleaning.
If after receiving public
input the Council wishes to proceed, Mr. Patterson said a motion should
be made directing staff to complete necessary documents for bidding the
construction of the project. He said staff has completed the design
of the project and it is ready to go.
Mr. Campbell asked Mr. Patterson
to explain why the City was paying $10,000 toward the project. Mr.
Patterson said part of it is the engineering cost, but there is also a cost
associated with the City's responsibility to pay all public intersection
costs for any street. The extra area on the south end of Conley Road,
within the intersection, would be the City's responsibility.
Mayor Hindman opened the
public hearing.
Kurt Kirtley, MFA Oil representative,
said they had been unable to secure financing from the other parties. He
said they would prefer to construct the road privately because it would be
cheaper, but were unable to do so. He felt the project would be an
improvement to the City and asked that plans proceed. Mr. Kirtley considered
this area a highly visible entrance to the City.
Mayor Hindman closed the
public hearing.
Mr. Campbell made the motion
that the Council direct the staff to proceed with the project. The
motion was seconded by Mrs. Crockett and approved by voice vote.
(D) Sidewalk
construction along Berrywood Drive, Worley Street and Business Loop
70; a
pedestrian
bridge to the north side of Smiley Lane bridge over Bear Creek.
Item D was read by the Clerk.
Mr. Patterson explained that
this public hearing is to determine the necessity of construction of sidewalks
in specified locations in Columbia. This is an annual program to construct
sidewalks in areas of need, and to fill in gaps to existing sidewalk networks. Of
the projects listed, he said none are subject to tax-billing. However,
in addition to the sidewalks being considered tonight, staff is sending out
letters to several property owners along the west side of Bethel Street (between
Forum Boulevard and Southampton Drive), and along the north side of Business
Loop 70 (between Garth Avenue and Parkade Boulevard), requesting that these
individuals construct sidewalks along their property to fill in gaps to provide
for an adequate pedestrian sidewalk system. Some of these walks are
a part of development responsibility, and in the event sidewalks are not
constructed this summer, staff will be setting another public hearing to
assure that walks are built next year.
Mr. Patterson explained that
the sidewalks being discussed are along the south side of Berrywood Drive
from Keene Street to Arbor Drive; along the north side of Worley Street from
Fairview Avenue west 300 feet; along the south side of Business Loop 70 from
Providence Road to Seventh Street; and, a pedestrian walkway along the north
side of the bridge on Smiley Lane over Bear Creek.
Mr. Patterson noted that
the Berrywood Drive sidewalk would connect the system within Woodridge Subdivision
with the sidewalks on Keene Street, and would service the City park adjacent
to Woodridge Subdivision. The overall length of this project is 1,650
feet with an estimated cost of $40,000. Since this project is shown
in the 1996 Sidewalk Master Plan, the total cost for construction would be
borne by the City. This is a fairly easy sidewalk to construct and
only one or two trees will have to be removed along the hospital property.
The sidewalk on the south
side of Business Loop 70 from Providence Road to Seventh Street will create
a walk by Hickman High School in a high traffic volume area along state right
of way. The length of this project is 1,250 feet and a permit from
MoDOT will be required. No major obstructions to the construction of
the sidewalk exist; however, the sidewalk may have to be meandered in order
to avoid major utility poles. At least one driveway approach will have
to be removed and replaced. The estimated cost is $35,000. This sidewalk
is listed in the 1996 Sidewalk Master Plan and is also shown in the current
budget as a FY98 project.
Mr. Patterson explained that
the West Worley Street project is approximately 300 feet in length and will
close the sidewalk gap on the north side of Worley Street. The City
recently accepted the donation of property adjacent to Worley Street, along
which this sidewalk will course. This tract was given to the City in
return for the construction of a sidewalk at this location. For that
reason, the City will pay the estimated cost of $6,500.
A pedestrian bridge on Smiley
Lane over Bear Creek is recommended to allow the completion of the sidewalk
network along the north side of Smiley Lane and the west side of Oakland
Gravel Road. The estimated cost for this work is $29,500. Mr.
Patterson said the staff is contacting property owners in the area advising
them of the City's intent to construct this pedestrian bridge, and asking
them to complete their sidewalk systems. However, sidewalks along the
adjacent property east of Bear Creek along the north side of Smiley Lane,
and also along the west side of Oakland Gravel Road immediately north of
Smiley Lane, will need to be delayed due to the planned Oakland Gravel Road
construction project. The storm drainage pipes required for Oakland
Gravel Road would disrupt any sidewalks constructed in advance of this improvement
project.
Mr. Patterson reported it
would appear only very minor construction easements will be necessary in
order to construct these sidewalks, and it is felt that construction could
begin during the summer and early fall months of 1998. The resolution estimate
for this work is $111,000, and payment is proposed from Community Development
Block Grant (CDBG) funds in the amount of $35,000, and the remaining $76,000
from local funds. The CDBG funds are to be used for the sidewalk on
Business Loop 70 in front of Hickman High School.
Mr. Patterson said that staff
recommends approval of the projects and, if after receiving public comment
Council concurs, a motion should be made directing staff to proceed with
preparation of final plans and specifications.
Mr. Janku asked if the hospital
was not responsible for the sidewalks on Berrywood because the street was
unimproved when it was built. Mr. Patterson said it was due to the
non-requirement of sidewalks at the time the hospital was platted.
Mrs. Crockett asked if the
staff followed-up from year to year to ensure that property owners are completing
gaps in walkways after receiving notification from the City to do so. Mr.
Patterson said those that are brought to the Council and staff is directed
to proceed with are followed-up on.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
Mr. Janku knew the Council
is planning to review the issue of platting versus building, but it struck
him tonight that a major traffic generator, an institution like the hospital,
is basically getting a sidewalk paid for as if it were a residential homeowner. He
said this creates a disparity, and if public funds are allocated to try to
get as many sidewalks for the buck as possible, this might need further review. As
the City goes back and fills in gaps around the community, there is a lot
of commercial and high dollar property, and property that generates a lot
of traffic, that will be receiving the same benefit as a single residential
homeowner.
Regarding the Business Loop
sidewalk, Mr. Kruse asked how close the walk would be to the street. He
wondered if it could be constructed 10 to 12 feet away from the street. Mr.
Patterson was not sure the sidewalk could be built that far away, but the
minimum would be four feet from the street and a six foot wide sidewalk would
be attempted because of the current street width. He said the design
had not yet been completed, but he would get the information. Mr. Patterson
said staff is aware of the need for separation due to safety concerns.
Regarding the letters sent
to property owners, Mr. Kruse said there was mention of one being sent along
the west side of Bethel between Forum and Southampton. He said staff
must have meant between Nifong and Southampton.
Mr. Kruse said he had just
received a note about a sidewalk gap on the south side of Southampton, just
east of Forum. He asked if a letter could be sent on that one as well.
Regarding the Business Loop
project, Mr. Janku said there is really only one small gap left, and it is
located between Hickman High School and Rangeline. He said it is the
property where Auto Zone is located. He asked if staff could look at
incorporating a sidewalk into this project, or getting the Auto Zone to build
it.
Mr. Kruse made the motion
that the staff be directed to proceed with the projects. The motion
was seconded by Mr. Janku and approved unanimously by voice vote.
(E) Voluntary
annexation of property owned by Mike S. and Tammy K. Wulff located
at 2711 Mill
Creek
Terrace.
Item E was read by the Clerk.
Mr. Beck said this was an
approximate 3.7 acre tract of land with one single family residence on it. The
family is requesting connection to City sewer and, according to current policy,
that would involve annexation. The applicant is requesting A-1 zoning.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
Mayor Hindman noted that
no action is required and that an ordinance would be introduced under New
Business.
OLD BUSINESS
B47-98 Amending
chapter 14 of the code to remove existing parking restriction on the west
side of
Clarkson
Road.
The bill was given second
reading by the Clerk.
Mr. Beck said this would
remove the prohibition of parking from 2:00 a.m. to 10:00 a.m. With
additional parking garages for student use, this should alleviate students
parking on the street.
Mr. Kruse said most people
in the neighborhood support this amendment, but a few do not because of concerns
regarding fraternity parking.
B47-98 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:
B49-98 Authorizing
Change orders; approving engineer's final report for the construction
of Tenth
& Cherry
parking garage project.
The bill was given second
reading by the Clerk.
Mr. Beck said this report
would officially accept the work done on the garage and approve the change
orders.
Mr. Patterson said in looking
at the amount of the change orders on a project of this size, he thought
the City had received a very good product for the money.
B49-98 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:
B50-98 Authorizing
acquisition of the Turner property for landfill buffer.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
tract of land is located between the landfill and Hinkson Creek. This
property would not only provide a buffer for the landfill from future development
to the west, but would also provide property to relocate the maintenance
facility at the landfill, and possibly a resource recovery facility -- if
the Council decides to proceed with such a facility.
B50-98 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:
B63-98 Authorizing
acceptance of Law Enforcement Block Grant for purchase of police
equipment;
appropriating funds.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
is a $101,667.00 federal law enforcement grant and the City would have to
provide up 10% of the local match. He said the grant is to be used
primarily for equipment, mainly video and camera equipment. There is
a condition that there be a committee that work with the grant, and those
members are named in the report.
Ms. Coble asked about the
line item of $8,370 for the $270 cameras. She asked if these would
be purchased through the special Polaroid contract. Deputy Chief Veach
said he was not sure the cameras were Polaroids. He thought they were
35 mm point and shoot. Ms. Coble pointed out that those cameras can
be purchased below cost through the Department of Public Safety, as the film
could be also from Polaroid through a special national program. Deputy
Chief Veach said he did not know if the Department knew that. Ms. Coble
said she had brought it up last year. She further explained that the
department would get four shots in one so there are prints for tracking,
i.e., for files, for in-house, for warrant service, and for prosecution. She
said that would have been a cost savings that would have allowed funding
for other types of items.
Ms. Coble asked what type
of information had been provided to those who served as the citizens review
committee. Deputy Chief Veach explained that this grant is also partially
serving the Boone County Sheriff's Department, and both entities met with
the group to review what the agencies felt were the best items to purchase
with the grant monies. He said agencies are notified up front about
the amount of money they will be receiving, and then the agencies decide
how to best spend the money.
Ms. Coble reported there
is a lot of new community policing money available in the state and at the
federal level. She said while she realizes this grant is a revision
of sorts to what came through last year, she was not sure the public gets
as good of a chance to provide input to the spending by having a judge, the
prosecutor, the assistant superintendent, a sheriff, and a captain from the
police department making those decisions. She said there was only one
citizen from the Crime Stoppers Review Board involved. She said there
are a lot of organized neighborhood groups and folks throughout the City
that would have very justifiable and helpful information to provide the City
on determining how to go about applying for grants for federal and
state dollars. Ms. Coble was also concerned that there are some other
sources for public money, where some of this equipment could be obtained
at a lesser cost. She said she is in favor of the grant, but thought
these were the kinds of issues that could be addressed through a broader
public base.
Mr. Beck said the staff would
forward Ms. Coble's remarks to the Department for follow-up.
B63-98 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:
R59-98 Confirming
the sale of water and electric revenue bonds in the amount of $28,295,000.
The resolution was read by
the Clerk.
Mr. Beck explained that this
is a follow-up to the ballot issue approved by the voters on April 1, 1997,
wherein funding will be made available for capital improvements. He
said the capital improvement plan is in place and has been approved by the
Council after appropriate public hearings. He noted that much of the
work approved by the ballot issue had been completed, and part of the funding
used to conclude those projects would be put back into the reserve fund. Mr.
Beck reported the City had received five excellent bids for the revenue bonds,
and he saw that as an indication of how well the Water and Light Department
and the City government is viewed nationally by rating firms and, most importantly,
by investors. Mr. Beck pointed out that paying off these bonds will
not be associated with any property tax, but would actually come from the
water and light bills paid by the customers of the electric utility. He
noted that he had received some calls from people wanting to purchase these
revenue bonds. Fortunately, Mr. Beck said the competitive bids showed
local investors, Prudential Securities, Inc. as low bidder with a 5.053%.
Amelia Bond, Financial Advisor
with A.G. Edwards & Sons, said the City had received bond ratings from
both Moody's and Standard & Poor's, with Moody's being an A1 and Standard & Poor's
being AA. She said that was a very high, solid bond rating. She
said their comments related to the economic stability of the City, as well
as to the customer base of the water and electric utility. Ms. Bond
said these firms suggested and recognized the very favorable financial trends
of the water and electric department, specifically relating to the debt service
coverage (net revenues available to pay debt service). Ms. Bond said
the firms had discussed an upgrade on rating, but the main reason the City
did not receive an upgrade was because of the uncertainty relating to deregulation
of the electric utility industry.
Lori Fleming said staff recommends
the bid be awarded to Prudential Securities, Inc., the low bidder. She
explained the investor group that came together to purchase the bonds, and
said these are the businesses citizens could contact in order to purchase
the bonds. Ms. Fleming said the City had been fortunate to go in the
market at a time when the rates are quite low. She displayed graphs
and explained them. She stated that a portion of the bond issue was
a refinancing of the City's outstanding bonds. The portion of the refinancing
was $5.535 million, and the cumulative savings, through the year 2013, is
$317,000. Put to a net present value, Ms. Fleming said that was the
$270,000 number which represents 5% of the original issue cost. She
pointed out that is a very good number.
Mr. Malon reported that the
finance plan the City has been following for capital improvements has worked
very well. He said people who use the system in future years help pay
for improvements, rather than having to get the money to have today's customers
pay for it up front. He said it has caused the City's rates be very
stable over the last few years, particularly on the electric side of the
business. He said there had been no increases on that side, nor did
staff anticipate any for the next few years. On the water side there
have been some increases, but on the other hand, with the amount of expansion
the City has had to do as compared to the amount of revenues, they were such
that it could not be done any other way. In addition to expanding the
system, Mr. Malon said quite a bit had been included for reconstruction of
the Prathersville Water District.
The vote on R59-98 was recorded
as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
B67-98 Authorizing
sale of water and electric revenue bonds.
The bill was given second
reading by the Clerk.
Mr. Beck noted that an amendment
sheet had been prepared because there were figures that had not been available
until after the opening of the bids.
Mr. Campbell made the motion
that B67-98 be amended per the amendment sheet. The motion was seconded
by Ms. Coble and approved unanimously by voice vote.
B67-98, 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:
CONSENT AGENDA
The following bills were
given second reading and the resolutions were read by the Clerk.
B48-98 Accepting
conveyances for utility and street easement purposes.
B52-98 Accepting
conveyance from Wilma Via for utility purposes.
B53-98 Approving
engineer's final report; accepting a conveyance; authorizing payment of
differential
costs for 12-inch water main serving Woods Mill, Plat 1.
B54-98 Approving
engineer's final report; accepting a conveyance; authorizing payment of
differential
costs for 12-inch water main serving Boone Industrial Park N, Lot 5.
B55-98 Accepting
conveyances for water utility purposes from Bluff Ridge Partnership, REMM,
Ltd.,
and Boyce.
B62-98 Authorizing
annexation agreements with owners of all lots in Haystack Acres Addition.
B64-98 Authorizing
agreement with Missouri Department of Health for HIV Prevention Services;
appropriating
funds.
B65-98 Authorizing
agreement with Missouri Department of Public Safety for support of the Sexual
Trauma
and Assault Response Team; appropriating funds.
B66-98 Authorizing
purchase of aerial photography; appropriating funds.
R54-98 Setting
a public hearing: construction of 16-inch water main on Clark Lane.
R55-98 Setting
a public hearing: 1997 CDBG & HOME Performance Report.
R56-98 Setting
a public hearing: reconstruction and rehabilitation of the parking structure
at the
northwest
corner of Eighth & Cherry Streets.
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
R57-98 Approval
of the preliminary plat of Nifong Village Subdivision, Plat 2; variances
to the
subdivision
regulations relating to street right-of-way width, sidewalks and corner
truncations.
The resolution was read by
the Clerk.
Mr. Beck reported that this
preliminary plat had been recommended for approval on a 6-1 vote by the Planning
and Zoning Commission. He explained that it would create eight C-1
lots, grant a waiver for a sidewalk on the north side of Cooper Drive, and
a right-of-way less than the normal 66-feet for a collector street. Mr.
Beck pointed out that what they had been trying to do near the intersection
of Providence and Nifong is to establish an inner loop of streets and then
a larger connecting street -- one from the south (Southampton) and one from
the north (Green Meadows). But, if a public street could be built around
the back of some of the businesses, connecting those lots together, a great
deal of pressure could be taken off the driveways on the front side. In
order to do this, there probably would be some waivers needed. This
is an attempt to do that in one of the areas.
The vote on R57-98 was recorded
as follows: VOTING YES: JANKU, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE. VOTING NO: NO ONE. ABSTAINING: CROCKETT. Resolution
declared adopted, reading as follows:
R58-98 Authorizing
Larkin Associates to proceed with Phase II, detailed design plans for
Scott
Boulevard,
from Bellview Drive to Brookview Terrace.
The resolution was read by
the Clerk.
Mr. Beck explained that this
is a proposed joint project with Boone County, After discussions with
them, he said the staff recommendation was to go ahead with the engineering. He
said they had been discussing with them alternatives to the payment for the
actual construction of the road along with possibly the extension of Oakland
Gravel Road, north of Smiley Lane. He said they working on trying to
prioritize the use of the money set aside as part of the ballot issue. He
said approximately $750,000 had been set aside for joint projects with the
County.
In terms of the sidewalk,
Mr. Janku asked if there had been a determination as to which side it would
be placed. Mr. Patterson said that would be part of the final design. He
said they would be looking at the possibility of either side.
The vote on R58-98 was recorded
as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN,
HINDMAN, COBLE. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
Mr. Campbell made the motion that staff prepare the necessary materials for action at the March 16, 1998, meeting to allow the temporary location of motor homes at the Trinity Lutheran Church property at 2201 W. Rollins from May 1, 1998, through November 30, 1998, to house construction workers from the Laborer's of Christ Organization engaged in the church construction project. He further motioned that the legislation include the allowance of temporary sewer and water connections for the motor homes, provided the connections are made in a manner that does not present a health or safety hazard. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B68-98 Appropriating
funds for the payment for installing fiber optic cable to the Parks
Management
Center, the Wastewater Treatment Plant and the Landfill.
B69-98 Authorizing
construction of a 16-inch water main on Clark Lane; calling for bids.
B70-98 Vacating
utility easements and street right-of-way for an unbuilt portion of Rockman
Lane
in
Nifong Village Subdivision.
B71-98 Approving
final plat of Nifong Village Subdivision, Plat 3.
B72-98 Approving
final plat of Garden City, Plat 8, a major subdivision.
B73-98 Approving
final plat of Watson Place, Plat 2; variance to section 25-43 of the Subdivision
Regulations
regarding additional right-of-way requirements.
B74-98 Approving
Hyde Park Planned Commercial C-P Development Plan.
B75-98 Voluntary
annexation of property owned by Mike and Tammy Wulff located at 2711 Mill
Creek
Terrace.
B76-98 Authorizing
an agreement with Missouri Highway & Transportation Commission relating
to
Phase
IV of the Bear Creek Trail project.
B77-98 Authorizing
supplemental agreement No. 2 to the agreement with Structural Engineering
Associates
for renovation project at Eighth and Cherry parking garage.
B78-98 Confirming
the contract of C.L. Richardson Construction Company for the construction
of
Flood
Relief Structure at Wetlands Treatment Unit No. 3, and appropriating funds.
REPORTS AND PETITIONS
(A) Street Closure
Requests.
Mr. Beck explained that the
three street closure requests included the St. Pat's 5K Run on Saturday,
March 14, 1998, Stephens College on Saturday, May 9, 1998, and the Soap Box
Derby on Sunday, June 28, 1998.
Mr. Janku made the motion
that the requests be granted. The motion was seconded by Mr. Campbell
and approved unanimously by voice vote.
(B) Benton Stephens
Rezoning Request.
Mr. Beck explained that the
Council had adopted a policy resolution some time ago dealing with requests
for down zonings to be considered once a year, with the City paying the advertising
costs. He said the list received from the Benton Stephens neighborhood
association requested down zonings from R-3 to R-1. The ultimate goal
of this policy is to revitalize the older neighborhoods.
Mr. Coffman said these property
owners should be commended for what they are doing to promote their neighborhood. He
congratulated the neighborhood association.
Mrs. Crockett made the motion
that the request be referred to the Planning and Zoning Commission for action. The
motion was seconded by Mr. Campbell and approved unanimously by voice vote.
(C) 3-1-1 Telephone
Service.
Mr. Campbell said the report
had been very informative, and he saw no need for any action to be taken.
Mayor Hindman said the only
action he thought could be taken was to educate people not to use the 9-1-1
phone number for routine calls. He knew, however, it can be frustrating
for people to try to find correct numbers to call.
Mr. Janku said it is also
frustrating for people to figure out what City department to call when there
is a problem that comes up after regular business hours. He suggested
that the City look into some type of 24-hour service where an operator could
at least service the contact point.
Mr. Campbell explained the
reason for his original request had been because of a constituent with a
backed-up sewer not knowing who to call for assistance. He said the
resident simply did not know how to handle the situation.
Mayor Hindman pointed out
a listing in the white pages, under the City of Columbia, Public Works 24-hour
sewer telephone line. Mr. Campbell said he understood that, but said
people do not always know where to look for things like that.
Mr. Coffman said he has heard
a lot of people express frustration about the matter of finding phone numbers
for various things, big and small. He suggested consideration of just
one phone number for the City that people could call to be directed to the
proper number or office.
Ms. Coble said it would be
an excellent position for a Welfare-to-Work employment opportunity in job
training. She said that would also alleviate the need for automation.
Mr. Beck said there were
some things that could be done with the directory that would make it easier,
i.e., to call the Police Department, as a non-emergency call. He said
some work is being done in this area, but unfortunately a lot of it had not
been done before the directory was updated for the year.
(D) Intra-Departmental
Transfer of Funds Requests.
Report accepted.
(E) Percent for
Art - 8th and Cherry Parking Facility Renovation.
Mr. Beck said the Council
received a recommendation from the Cultural Affairs Commission for this project. He
said the art work is on display in the lobby, and would remain there until
the next Council meeting. A public hearing on the proposals will be
discussed at the same time the garage rehabilitation is considered, which
is scheduled for the next regular Council meeting. Mr. Beck said if
the Council wishes to proceed with the garage project, the architect could
work on incorporating this art work as a part of the overall bid package. He
noted that this would be the first project under the Percent for Art Program.
(F) Route AC
Urban Agreement.
Mr. Beck said the next major
action that needs to be taken regarding the AC project is for the Council
to commit to an urban agreement with the Missouri Department of Transportation. He
said Mr. Patterson had put together a report and if the Council concurs with
it, staff will need to forward the information to the Department of Transportation
for incorporation in the urban agreement.
Currently, the proposal is
for a sidewalk west of where Green Meadows Road from the north would intersect
with AC, and Southampton from the south. Between those two, the plan
is not to have a sidewalk. Mr. Beck said a sidewalk is proposed from
Rock Quarry Road east, a paved shoulder (being discussed with MoDot) from
Rock Quarry Road west to Southampton Drive. Mr. Beck said there is
still a debate on the paved shoulder. He said the City is encouraging
MoDot to construct a paved shoulder where the future sidewalk would be located. Mr.
Beck asked if the cost issue had been resolved.
Mr. Patterson said it is
still being reviewed. He said the City has requested there be a vegetative
resistant hardened surface in this area. It would be similar in nature
to what was constructed at Route TT, in which asphalt is used as a walkway. Mr.
Patterson thought the Council wanted to stay away from terminology like walkway
or sidewalk.
Mr. Beck said the next issue
is the sidewalk west of Southampton. He said it would stop short of
the intersection at the AC and Providence intersection. Mr. Kruse said
he understood it would go up to Sandman and stop, with no sidewalk planned
west of that location because there is no pedestrian access across Providence.
Mr. Kruse said there should
be pedestrian access at Providence because people cross at this location
all the time to access the Rock Bridge Shopping Center. Mr. Beck said
there had been quite a bit of discussion about that, and staff would like
to see some sort of crossing, but he did not see that ever getting approved
at the Providence intersection. He thought perhaps off to the south
some consideration had been given to constructing an island.
Mr. Campbell asked if there
was still discussion about the possible reconstruction of this intersection. Mr.
Beck thought so, and understood that this intersection would be widened substantially. Mr.
Campbell asked why walkways could not be put in during the reconstruction. Mr.
Kruse said it was a four-lane, divided road where generally there is not
a pedestrian access provided. Mayor Hindman thought a barrier would
be erected at this location, across from the fast food businesses. Mr.
Kruse thought a raised median had been planned.
Mr. Beck understood that
the Highway Department was considering a median west of Providence, past
the outer roadway where traffic backs up due to cars making left turns. He
said the median would be constructed in such a way that emergency vehicles
could get over it. Mr. Kruse said it would be similar to what is presently
at Southampton -- and people have objected to this design. Mr. Beck
reported the design would be offset by the two left turns that are not presently
at this location.
Mayor Hindman reiterated
that he thought the intersection should be designed to accommodate pedestrians. Mr.
Campbell asked how much money would be spent for a pedestrian walkway. Mr.
Patterson said it was not a question of painting a crosswalk across the intersection,
but the issue was one of safety. He said people should not be encouraged
to walk across this long stretch of pavement with cars traveling at high
speeds. He said the safe thing to do in a situation such as this is
to have an overpass or something to separate pedestrians from the traffic. Mr.
Patterson reported 48 feet is one of the figures used for a maximum pedestrian
crossing, and to install islands would be dramatically disruptive to the
traffic flow. He said the Highway Department is very resistant to that
sort of thing. Mr. Patterson said MoDot has indicated that crossings
will not work well with the traffic volumes at this location, and this is
not an area where pedestrian movements should be encouraged.
Mr. Janku asked about an
underpass of some sort. Mr. Patterson said either alternative, over
or under, would be very expensive. He said they try to stay away from
underpasses because of security problems in the evening.
Mayor Hindman understood
there would be stop lights at this location. Mr. Patterson said that
is true, but when putting in signal phasing that would allow time for a pedestrian
to cross, the impact it has on the traffic is considered to be unacceptable
by the Highway Department. Mayor Hindman thought it could be properly
designed to handle that situation and it should be looked into. He
liked the designs by Dan Burton and thought something could be done. Mr.
Kruse said he did too, but thought it would be tough to do given this kind
of highway and limited access. He said the fundamental problem is the
highway design. Mayor Hindman thought the City should not dispose of
it and give up. Mr. Kruse agreed and said kids were still going to
cross it anyway.
Mayor Hindman made the motion
that the staff be directed to look carefully, with the Highway Department,
at the possibility of designing pedestrian crossings at the intersection.
Mr. Janku said he would agree
with that if the motion included looking at other things besides a crossing
at grade. Mayor Hindman agreed.
The motion was seconded by
Mr. Kruse and approved unanimously by voice vote.
Regarding the realignment
of the Rock Quarry Park, Mr. Janku said staff had planned to look at the
culvert, the crossing between the R-3 area to the south. He asked if
that had been discussed or if it would come up later. Mr. Patterson
said he thought when it had been discussed, this referred to the fill areas,
and he was not sure it would be adequate. He said staff would take
a look at it and get a report back to the Council.
Mr. Campbell made the motion
to accept everything in the report, including the motion made by Mayor Hindman. The
motion was seconded by Mr. Kruse and approved unanimously by voice vote.
(G) 1998 Neighborhood
Convention Funding Request.
Mr. Beck noted that this
request is for $1,750 from the Columbia/Boone County Neighborhood Alliance
to cover the cost of their pre-convention planning, publicity, speaker fees,
facilitator fees, facility charges, and post-convention costs. He said
the Alliance is also requesting $500 from the County, $250 from the Community
Partnership, and $250 from Boone Electric.
Mr. Janku thought that last
year the City developed a way to handle these requests consistent with policy
guidelines, and documentation of expenses is required subject to a certain
limit. He said the City only paid actual expenses and did not give
the Alliance a lump sum.
Mr. Campbell said last year
the Council agreed to expenses up to a certain amount, as long as those expenses
were consistent with City policies.
Mr. Beck said when the City
hires professional services and proposals are not taken, it has to be declared
non-fungible -- which meant the item had not been bid because of special
circumstances.
Mr. Boeckmann referred to
the policy resolution which states if the item for reimbursement is over
$200, then the Council has to approve the request. Anything under that
Mr. Hancock can approve.
Ms. Coble said what the Council
had been hoping to avoid was having the organizers of the Neighborhood Alliance
Convention going to the Planning Department for $10 at a time. She
said the Council wanted to ensure the Alliance could put on a good event
that would be well-attended, and that there would be ample documentation
of the dollars spent, but one that would not create a burden both on the
staff or those volunteering to put on the event.
Mrs. Crockett asked how much
this would leave in the account. Ms. Coble said it would leave $916.68.
Mr. Campbell said it was
basically a good program with the question being how to facilitate it. He
asked if the Council could leave it to the City Manager's discretion.
Ms. Coble made the motion
that the Council allocate $1,750 to fund the Columbia Boone County Neighborhood
Alliance for the 1998 Neighborhood Convention, and do so in a manner which
does not violate existing purchasing policies, but allows the greatest flexibility
to the recipients of the funds to make expenditures at $200 and under, for
actual expenses, up to the total of $1,750.00. The motion was seconded
by Mr. Campbell and approved unanimously by voice vote.
(H) NEA Proposal.
Mr. Campbell said this proposal
was coming out of the discussion of the Cultural District and Facilities
Planning. He said this would simply authorize the City to make application
for planning funds under the NEA guidelines. This has to be done by
May 4, 1998. If it were to be funded, Mr. Campbell said it would be
very helpful to the overall planning for the Cultural District.
Mr. Campbell made the motion
that the application be authorized. The motion was seconded by Mayor
Hindman and approved unanimously by voice vote.
BOARDS AND COMMISSIONS
None.
COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
Regarding the intersection
of Broadway and Scott Boulevard, Mr. Campbell said he had received a request
for street lights at the new curve. This area had lighting previously,
but after the new construction all of the lights were removed. He said
the residents living at the corner have had their mail box taken out quite
regularly because of people sliding off of the curve.
Mr. Kruse asked about the
playground equipment at Grant School. Mr. Beck said things were moving
along.
Mr. Kruse said he had received
a request to have every August 16th designated as Airborne Day in honor of
the service of the airborne units of the United States Army. The Clerk's
Office is handling the proclamation.
Mr. Kruse said he had received
a request for street improvement on Eubank Court. He passed it on to
the City Manager.
Mr. Kruse said he had received
a message today regarding the Senate deciding to start floor debate on their
pending ISTEA Reauthorization Proposal. He explained that there was
an amendment being put forth by Senator Sam Brownback of Kansas to allow
the enhancement program to be at the option of State Departments of Transportation. The
amendment number is 1395. Mr. Kruse said he felt the Missouri State
Department of Transportation would be very interested in not having to spend
$7 to $8 million per year on enhancement programs if they could get away
with it. It was his understanding that Senators Bond and Ashcroft are
both in favor of the amendment. Mr. Kruse said a response from the
City should be sent as soon as possible.
Mr. Kruse made the motion
that a letter be sent from either the Mayor or City Manager to Senators Bond
and Ashcroft, indicating that the City does not support amendment 1395 sponsored
by Senator Sam Brownback. The motion was seconded by Mr. Janku and
approved unanimously by voice vote.
Mr. Coffman said he has a
constituent who has been doing research on an international treaty, that
is being negotiated by 29 countries, called the Multi-Lateral Agreement on
Investment. He said the reason it was appropriate for the Council to
discuss it was because apparently it would establish certain rights for foreign
investors that could prohibit the ordinances and laws of local governments. He
said the main provision is that it would allow foreign investors to sue the
United States in an international court. He said he would like to see
the City pass a resolution expressing concern. Mayor Hindman suggested
that it be researched before any involvement on the part of the City is considered. Mr.
Coffman said he would turn his paperwork over to the staff so it could be
reviewed. Mr. Campbell said he heard something similar was going to
happen at the national level, but he did not know if it was rumor or fact.
Ms. Coble thanked the Parks
and Recreation Department for doing such a good job in following-up on her
concern with the trees and bushes in Douglass Park. She said the park
looked great and thanked the staff.
Mr. Janku expressed appreciation
to the staff for their work on I-70 Drive. He said although the rezoning
and plat have been withdrawn, they had spent a lot of time with the applicant
trying to work out a solution to the problem. He was hopeful something
could be worked out as the road is of great importance to the Valley View
neighborhood.
At a meeting of the Valley
View Neighborhood Association, Mr. Janku said a number of issues came up,
including an interest in working on improvements to Valley View Park. He
asked the staff to contact the Association about it. He said there
was also interest in the possibility of sidewalks along the west side of
Garden Drive, between Morning Glory and Jonquil. He asked that the
staff contact the Association about that issue also. In addition, Mr.
Janku said residents discussed the possibility of the speed limit on Route
E being reduced. Both the neighborhood and concrete plant agreed they
would be supportive of reductions in the speed limit. He asked that
the State be contacted to see if a reduction would be possible.
Mr. Janku explained that
Ameren UE has a Green Leaf Application which provides funds for landscaping. He
said the requirements are that the applicant be a not-for-profit organization
and that the planting be on public property. He said that would require
the cooperation of a public entity. Mr. Janku said he had talked briefly
with someone from the Health Adventure Center, and they are interested in
possibly applying to use the funding to help landscape the building they
are planning to build. He said the deadline for applications is March
16, 1998.
Mr. Janku made the motion
that the staff be directed to work on a grant in conjunction with Ameren
UE. The motion was seconded by Mr. Kruse and approved unanimously by
voice vote.
Paul Albert, 2703 Parker,
indicated he plans to speak about the 8th and Cherry parking garage at the
next meeting. He also had concerns about the parking revenue the City
is losing on the property located at the corner of Broadway and Providence.
The meeting adjourned at
11:00 p.m.
Respectfully
submitted,
Penny
St. Romaine
City
Clerk
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