INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, April 16, 2001, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council members JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN and CRAYTON 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 April 2, 2001, as well
as the minutes of the special meeting of April 9, 2001, were approved unanimously
by voice vote on a motion made by Mr. Janku and a second by Ms. Crayton.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
The agenda, including the Consent Agenda, was approved unanimously
by voice vote on a motion made by Mr. Coffman and a second by Mr. John.
SPECIAL ITEMS
Mayor Hindman introduced Dodo Shila, a Senator from the State
of Imereti, Republic of Georgia. Ms. Shila spoke to the Council using an interpreter.
She said she was glad to be able to be in Columbia. She brought greetings from
the Mayor of Kutaisi, which is our Sister City in the Republic of Georgia. Ms.
Shila said she was looking forward to Mayor Hindman's visit next month and felt
it would deepen the friendship and partnership between the two cities. Ms. Shila
presented the Mayor with a framed, dimensional picture of an ecumenical church.
Mayor Hindman presented Ms. Shila with the newest City coffee mug. He explained
that this Sister City relationship is successful in large part because of the
active participation by a private, not-for-profit organization known as A Call
to Serve (ACTS).
Public Works APWA International Accreditation
Mayor Hindman reported the Public Works Department is only
the fifth agency in the United States and Canada to receive this international
accreditation. He said Columbia citizens should be extremely proud of the Public
Works Department.
Dennis Ross, Director of Professional Development for the
APWA, explained that the process takes a little over three years to complete
and entails the review of all policies, practices and procedures of a public
works department. These results are then compared to nationally recognized recommended
practices. Mr. Ross said the staff from the City of Columbia Public Works Department
completed the 400 recommended practices that were required of them.
Larry Lux, from the Board of Directors of the National Public
Works Association, conveyed his congratulations to the City and the Public Works
staff. He said they had done a tremendous amount of work.
Mr. Ross presented one plaque to Mr. Patterson for the Public
Works Department and one to Mayor Hindman so it could be prominently displayed
elsewhere within the City.
Mr. Patterson thanked the staff in his department and indicated
he was privileged to accept this credit on their behalf. He introduced Terry
Hennkens, Sewer Utility Manager; Jim McKinnon, Street Superintendent and Chair
of the Committee; Mary Ellen Klein, Solid Waste Collection Superintendent and
Missouri Chapter President of APWA; and Dave Storvick, a member of the Engineering
Division of Public Works. Mr. Patterson said when staff initiated this process
three years ago, the purpose was to try to improve the quality of service the
Public Works Department provides to the citizens of Columbia. He remarked they
are proud to be a part of this community and appreciate the support the Council
and the City Manager have given them.
Mr. Beck congratulated Mr. Patterson and his staff. He commented
that Columbia is a full-service city, and he noted that the Department of Public
Works has a large number of operations. Mr. Beck stated he was proud of their
great achievement.
SCHEDULED PUBLIC COMMENTS
Sue Bolin, Barbara Maddox, David Gaffney & Melissa Myers - Highland
Park Neighborhood Association: Request to restrict traffic and construct
privacy fence.
Melissa Meyers, a member of The Highland Park Neighborhood
Association, passed out maps and plats. She explained a situation in their neighborhood
for which they felt they had a solution in regards to restricting vehicular access
from the parking lot at the old Nowell's building. Ms. Meyers showed where Roe
Lane is supposed to end at the parking lot on Worley. She explained that traffic
is turning in on London, speeding through the residential area to exit from the
store's parking lot onto Worley Street. The problem has been ongoing for years
and the neighborhood is in strong agreement that they would like to have something
done about it. The suggestion is to block access from the parking lot onto Rowe
Lane by constructing a privacy fence. Ms. Meyers presented the Council with a
signed petition.
Mr. Patterson explained that the staff is in the process of
preparing a traffic study of the area.
Mayor Hindman remarked that the Council and staff would be
interested in working with the neighborhood in coming up with the best solution
possible.
PUBLIC HEARINGS
B101-01A Establishing permanent R-1
zoning on recently annexed property located on north side of Route K,
west
of Old Village Road.
The bill was read by the Clerk.
Mr. Beck noted that this had been amended and tabled from
the last meeting.
Mayor Hindman reopened the public hearing.
There being no comments Mayor Hindman closed the public hearing.
B101-01A was read by the Clerk with the vote recorded as follows:
VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B104-01A Rezoning property located
on north side of East Texas Avenue, east of North Garth Avenue from
R-1
to O-P.
The bill was read by the clerk.
Mr. Dudark explained that the applicant had originally requested
open O-1 zoning. The Planning and Zoning Commission recommended O-P or R-2 zoning.
At the last meeting, Mr. Dudark pointed out that the Council agreed to amend
the bill to reflect O-P. Since that time, he explained that a letter had been
received from the applicant requesting that the O-P be converted to R-2. Mr.
Dudark indicated that the R-2 zone would allow residential uses, but would require
a conditional use permit for the daycare center.
Mayor Hindman reopened the public hearing.
Kenny Mohr, 50 W. Bottner Road, explained that he is affiliated
with the daycare center. He urged the Council to amend the request to R-2 zoning.
Mayor Hindman closed the public hearing.
Mr. Janku believed that R-2 zoning would be adequate to protect
the area.
Mr. Janku made the motion that B104-01A be further amended
per the amendment sheet and tabled to the next meeting. The motion was seconded
by Mr. John and approved unanimously by voice vote.
B123-01 Calling for bids: upgrade of
north Runway 2-20 at safety area at Columbia Regional Airport.
The bill was given second reading by the Clerk.
In order to meet current FAA safety requirements, Mr. Beck
explained that the north end of Runway 2-20, the north/south major runway, needs
to be graded. Furthermore, approach lights and the instrument landing system
need to be replaced. The estimated cost of the project is $505,490 with 90% being
paid for with FAA funds and 10% with City funds.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B123-01 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B124-01 Calling for bids: construction
of engine generator building at flight service station at Columbia
Regional
Airport.
The bill was given second reading by the Clerk.
Mr. Beck explained the estimated cost for the project to be
$335,000, with the proposal being that the City would provide the funding out
of the designated loan fund to be paid back over 60 months at a 4 1/2% interest
rate. This is the policy rate used when spending money out of that particular
fund.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B124-01 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B125-01 Calling for bids: construction
of improvements to Oakland Park parking lot.
The bill was given second reading by the Clerk.
In the budget last year, Mr. Beck reported $50,000 had been
included for major improvements to the parking lot at Oakland Park that serves
the aquatic center, disc golf course, tennis court complex and shelters. The
lot also serves the fitness trail area. The project will be paid for from the
1999 quarter percent sales tax.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Mr. Janku asked if there was a way to landscape the islands
in the lot. Mr. Hood said that could be done, but it had not been included in
the proposal currently before the Council because of the increasing cost of asphalt.
He remarked that staff is concerned about having enough funds in the budget to
get all of the asphalt work completed. Mr. Hood indicated that he would ask staff
to look into landscaping.
Mr. Janku noted the absence of pedestrian access on the east
drive. He asked about some type of alternative walkway to allow for such. Mr.
Hood said staff could look at it and they should be able to take care of it.
B125-01 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
(A) Improvements to Third Avenue from
Garth Avenue to Providence Road.
Item A was read by the Clerk.
Mr. Patterson explained that this hearing is to determine
the necessity of reconstructing Third Avenue from Garth to Providence. The estimated
cost of the project is $260,000 with funding being proposed from the Community
Development Block Grant program and tax bills against adjacent properties. He
pointed out that the street is an unimproved local residential street within
a 40-foot platted right of way. Currently, the street is approximately 18 to
20 feet in width with one, four-foot sidewalk along the south side only. The
approximate length of the street is about 1,300 feet. Mr. Patterson noted staff
held informal meetings with affected property owners and the neighborhood associations
in order to solicit comments and input for the project. He said residents were
furnished with copies of this report and they were advised of this public hearing.
Mr. Patterson reported the proposed improvements will consist
of constructing a 28-foot wide street with concrete curb and gutters. A five-foot
sidewalk is being proposed along the back of the curb along the north side of
the street. In addition, staff proposes a four-foot sidewalk located three feet
from the back of the curb on the south side of the street so as to not disturb
the utilities within this right of way area as they were upgraded a few years
ago. One comment brought forward by some of the residents was the fact that when
Fourth Street was reconstructed, the alley between Third and Fourth Streets received
a lot of traffic and it was in poor repair. As part of the project, Mr. Patterson
indicated there would be some maintenance work done to this alley.
Because the project is located in a Community Development
Block Grant Area, Mr. Patterson reported financing for the work will come from
CDBG funds. In accordance with city policy, he said the properties would only
be tax billed one-half of the normal rate of construction -- that amount being
set at a maximum of $15.00 per foot. The tax bill would be assessed if the property
owners do not meet the criteria for low and moderate incomes, in which case they
would be eligible for CDBG grants that would pay the entire amount of the tax
bill.
Mr. Patterson reported after the project is completed, another
public hearing will be held at which time the Council needs to determine benefits
that have accrued to the properties. Some benefits to be considered at that time
are as follows: the concrete curb and guttering and the associated storm drainage
has improved the overall storm water management; the project has improved the
accessability and maintainability of the property and its appearance; the new
driveway approaches being constructed will provide better access to the properties;
the improved street surface will lessen damage to privately-owned vehicles traversing
the street; and the City will be able to better maintain the street, particularly
with cleaning and snow removal. Under current provisions, once the street is
brought to improved standards, the properties are no longer subject to tax bill
maintenance which could be as much as $2.00 per foot per year.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Ms. Crayton made the motion that staff be directed to complete
final plans and specifications and construction drawings. The motion was seconded
by Mr. Loveless and approved unanimously by voice vote.
Mr. Loveless asked whether the Council had recently dealt
with a problem related to Hickman High School students parking in this area.
Mr. Patterson replied the area in question affected Austin Avenue. He said an
ordinance is being introduced to address the situation. In regards to this particular
project, staff recommends that the street be constructed as proposed. If parking
becomes a problem on Third Avenue as well, then the Council can consider possible
restrictions.
(B) Approval of art concept for Recreation
Center.
Item B was read by the Clerk.
Mr. Beck explained the policy requiring one percent for the
arts being set aside on projects of this nature.
Dave Griggs, Chair of the Cultural Affairs Commission, 6420
Highway VV, said this is the City's third such project. Mr. Griggs gave an overview
of the progress made to this point. He said that Mr. Courtney had been selected
for this project because of his extensive work in the field of public art and
his impressive references. In accordance with his contract, Mr. Courtney submitted
a conceptual design for the project, which Mr. Griggs displayed to the Council.
He explained that it is a large scale piece that will suspend from the ceiling
in the lobby area. The Standing Committee on Public Art reviewed the proposal
last month and gave unanimous approval, although they asked the artist to address
a few concerns. Mr. Courtney was asked to detail how to incorporate a system
to lower the work for cleaning and possible future maintenance. He was also asked
to change the design of the arms and head of the figure to de-emphasize the affect
of diving. In addition, Mr. Courtney was asked to detail his proposed additions
of a splash element to the ripple and glass element on the first floor, and provide
a finalized materials list with specific mention of maintenance and replacement
issues. Those recommendations were forwarded to the Commission last month at
which time they were unanimously approved. The artist provided responses to the
Standing Committee's stipulations. If the Council approves the design Council,
Mr. Griggs reported the artist will continue his work on the concept and they
can finalize the details, especially those that relate to the stipulations.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Mayor Hindman made the motion that the Council accept the
art concept. The motion was seconded by Mr. Janku and approved unanimously by
voice vote.
(C) Approval of art concept for Fire Station No 8.
Item C was read by the Clerk.
Dave Griggs, 6420 Highway VV, Commission Chair introduced
Susan Taylor Glasgow, a local artist. Basically, he said the same process was
followed for awarding the grant for this project. He displayed a drawing of her
concept design. The proposal calls for integrating different size and textured
colored glass blocks into three areas of the building -- the opening above the
truck bays facing Nifong, the opening facing Bearfield, and the sign that marks
the entrance to the parking lot. Specific details will be sandblasted on both
the front and back of the glass and it will incorporate symbols of firefighting
such as the Fire Department's logo, ladders, etc. Mr. Griggs indicated swirls
of smoke will also be sandblasted into the glass. He noted the proposal will
integrate the art into the architectural design so it will not interfere with
the importance of the function of the building. Mr. Griggs explained that the
Standing Committee had met with Ms. Taylor Glasgow last month and had unanimously
approved her concept design and offered no stipulations. This recommendation
was forwarded to the Commission where it was also unanimously approved. Public
comments were solicited for both projects when the art concepts were displayed
in City Hall.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Mr. Janku thanked the Committee and Commission for the time
they have spent on these two projects.
Mr. Loveless made the motion that they be directed to proceed.
The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
OLD BUSINESS
B126-01 Authorizing agreement with Missouri
Highway & Transportation Commission for construction of
pedestrian
bridge over I-70 along east side of Providence Road.
The bill was given second reading by the Clerk.
Mr. Beck explained that the pedestrian bridge to be built
on the east side of Providence Road over I-70 would cost an estimated $435,000.
Enhancement money will pay up to $348,000 of the total amount. This project will
provide a connection to the sidewalk systems both to the north and south of the
interstate.
Mayor Hindman asked if this would be a free-standing bridge,
or whether it would be attached to the existing one. Mr. Patterson said there
would be a connection but structurally it would be free-standing. Mr. Janku asked
about center pillars. Mr. Patterson said he did not think there would be any.
Mr. Loveless asked about the reference to an air rights agreement.
Mr. Patterson replied that the City has to guarantee, by a separate agreement,
not to obstruct the passage of vehicles underneath the bridge - to protect the
vehicular flow of traffic. He reported this is a standard agreement when putting
a bridge over a highway.
Mr. Hutton asked if the bridge would have fencing around it.
Mr. Patterson said it would. Mr. Janku noted that it would be vinyl.
B126-01 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B127-01 Authorizing agreement with
Missouri Highway & Transportation Commission for construction of
pedestrian
bridge over Business Loop 70 along the east side of Paris Road; appropriating
funds.
The bill was given second reading by the Clerk.
Mr. Beck stated the estimated cost of this project to be $171,000,
with 80% of the funding coming from state enhancement money up to $136,778. He
spoke of his appreciation to MoDOT for prioritizing these projects in Columbia.
Mr. Beck indicated this project would greatly enhance the City's sidewalk program.
Mr. Hutton asked if the design of the project would be similar
to that of the pedestrian bridge over I-70 at Providence Road. Mr. Patterson
confirmed that assessment. He noted the public hearing for this project will
be held at the next meeting, at which time the plans will be presented. Mr. Patterson
indicated that is the reason staff is suggesting the Council hold this agreement
until after that public hearing. Mr. Hutton asked if the bridge would be free-standing
and, if so, how it would affect the future expansion of the existing bridge over
Business Loop 70 if Paris Road were to be widened. Mr. Patterson replied a free-standing
bridge would be easier to relocate if Paris Road is ever widened. Presumably,
the spans would still work over the same pavement width. However, staff is not
anticipating that any expansion will occur in the next few years.
Ms. Crayton asked if the minority requirements are being followed.
Mr. Patterson stated that the City participates in the State Highway DBE Program.
He noted that the City is audited and monitored at the completion of each project.
Mr. Hutton made the motion that B127-01 be tabled to the May
7, 2001, meeting. The motion was seconded by Mr. Loveless and approved unanimously
by voice vote.
B132-01 Amending Chapter 27 of the
City Code pertaining to the Railroad Advisory Board.
The bill was given second reading by the Clerk.
Mr. Beck reported that this request was initiated by the Railroad
Advisory Board. Due to a lack of business from time to time, the Board requests
that the number constituting a quorum be lowered from 5 to 4, and that the requirements
for monthly meetings be changed to quarterly.
When discussed previously, Mr. John said the suggestion was
that if the Board met quarterly, more members would attend on a regular basis
because there would be more business to discuss. He did not think the number
constituting a quorum should be reduced. Mr. John did not like the idea of a
very few members making decisions.
Mr. John made the motion to amend B132-01 by deleting the
section that would change the quorum from five to four members. The motion was
seconded by Mr. Janku.
There was a discussion at this point about what constitutes
a quorum.
Mr. Malon said the Board's main concern was the monthly meetings
because they were not able to get quorums. He said they did not want to go against
the ordinance. Mr. Malon pointed out that this is a seven member board overseeing
a three person operation. He felt it was difficult to stir up interest when there
is not a lot going on. He said whatever the Council does, he was sure would not
upset the Board.
The motion to amend, made by Mr. John, seconded by Mr. Janku,
failed by a show of hands.
B132-01 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B133-01 Amending Chapter 10 of the
City Code pertaining to cable television franchises.
The bill was given second reading by the Clerk.
Mr. Beck explained this would simply change the number of
days from 60 to 120 that the Council would have to approve ownership or assignment
of a franchise. He said it would also change the standards to conform with the
federal law.
Mr. Coffman asked if it would be unlawful for the City to
apply a standard other than the federal one. He noted that we have had a couple
of transfers in a short period of time. Mr. Coffman thought it important to communicate
with the new potential owner of a cable franchise the City's priority to obtain
a commitment relating to upgrades and customer service. He realized there are
a lot of things we cannot do, but he thought City oversight was important. Mr.
Coffman asked what would happen if we had a potential transferee with a horrendous
customer service record -- he wondered whether the City would have any grounds
to reject someone based on a bad record in other jurisdictions. Mr. Boeckmann
thought the Council could regulate service requirements by ordinance. He did
not think that would have to be negotiated with a cable company. On the other
issues, he said we would be hard-pressed to prove it, but if there was a situation
where a company had a terrible record, the Council may be able to take that into
account because it pertains to the technical ability to run a cable company.
Mr. Boeckmann thought the amendment was better than the current language.
There was a discussion about further amending the ordinance.
After much debate, the Council decided to table the bill until the next meeting
at which time it would come back with suggested language.
Ms. Crayton asked who people should contact if they have a
complaint about the cable company. Mr. Boeckmann said complaints are handled
through the Law Department. Mr. Coffman explained that the Cable Committee has
begun to ask both cable companies in town to supply certain information on a
quarterly basis, i.e., how quickly phones are answered, the amount of time it
takes to respond to service calls, etc. Mr. Boeckmann commented federal regulations
require that this information on the cable companies must be kept.
Mr. Loveless made the motion that B133-01 be tabled to the
May 7, 2001, meeting. The motion was seconded by Mr. Coffman and approved unanimously
by voice vote.
B134-01 Annexation of property south
and west of Hickam Court, north of Old Plank Road.
The bill was given second reading by the Clerk.
Mr. Beck explained that this request was made primarily for
the purpose of allowing residents to connect to City sewers. His understanding
was that the applicants plan to request R-1 permanent zoning.
B134-01 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B136-01 Granting a variance to subdivision
regulations requiring a sidewalk along the south side of I-70 Drive
SE;
subject to condition.
The bill was given second reading by the Clerk.
Mr. Beck noted that approval was recommended by the Planning
and Zoning Commission subject to the property owner entering into a development
agreement with the City to pay the amount equal to the cost of the construction
of the sidewalk. He explained that is one of the City's policy alternatives.
Mr. Hutton asked if applicants had to do one or the other
if a variance is requested; either construct a temporary walkway or put up money.
Mr. Patterson said a third alternative is to not request a variance and then
by performance contract agree to construct a sidewalk within three years. Mr.
Hutton asked if performance contracts are part of the policy resolution. Mr.
Patterson replied they are not. He said these contracts are required as part
of the platting process in lieu of the variance. If an applicant is asking for
a sidewalk variance, the options the Council may consider is to grant the variance,
accept an alternative walkway instead of the normal sidewalk, or accept money
to pay for the sidewalk and then forever relieve the property owner of that responsibility.
Under the last option, the City would construct the sidewalk.
Mr. Hutton noted at the last meeting, the Council talked about
tax billing relating to sidewalks, and a $2,500 payment which would be credited
toward any future tax bill. He asked how the tax bill plays into the policy resolution
on the variance. Mayor Hindman said it probably does not, in reality. He indicated
the discussion Mr. Hutton was referring to involved 763, and it is anticipated
that this road will be improved reasonably soon and sidewalks will be required
if the development takes place. The costs for such would then be tax billed to
adjacent property owners when the work is completed. Mr. Hutton understood the
tax billing would not necessarily be for sidewalk improvements, but for the street
improvement. Mayor Hindman said it was primarily street, but with a sidewalk
included.
Tom Schneider, an attorney with offices at 11 N. Seventh,
spoke on behalf of Roland Properties, LLC, the applicant. He explained there
is approximately 330 feet of frontage on I-70 Drive SE where the sidewalk would
be required according to the subdivision regulations. He circulated photographs
identifying that the topography is at a 45 degree angle at the edge of the pavement.
He said a sidewalk could not be reasonably constructed. Additionally, Mr. Schneider
reported there is no sidewalk on either side of I-70 Drive for a mile in either
direction from Highway 63 to St. Charles Road. Consequently, there would be nothing
to connect the sidewalk to. Mr. Schneider noted that the proposed sidewalk would
be within the State Highway right of way, and a sidewalk cannot be constructed
in this area unless the applicant is given an indemnity agreement. He pointed
out that numerous utilities would also have to be relocated. He thought it was
doubtful that a sidewalk would ever be built at this location.
Mr. Schneider said he and his client believed it was inappropriate
to exact an in lieu of sidewalk fee when this is not a situation where the sidewalk
is being deferred -- it is a practical matter that the sidewalk will never be
built. Mr. Schneider thought this process should be brought into compliance with
the City's impact fee ordinance whereby unless there is a relationship between
the development and the need for off-site improvements, there is no impact fee.
He said the impact fee ordinance further states that if the collector or arterial
street for which the developer is bring billed is not going to be built within
a reasonable time, than the impact fee must be waived. Mr. Schneider commented
that would be the correct approach and analysis for the Council to adopt in connection
with the in lieu of sidewalk fees. He pointed out that the sidewalk ordinance
stipulates the in lieu of sidewalk fee is discretionary. It states the Council may condition
certain action upon it. Mr. Schneider said the policy resolution does not mention
that the fee is discretionary. He remarked that the Council waived 80% of an
in lieu of sidewalk fee at the last meeting. He and his client felt it would
be appropriate for the Council to do so in this case as well.
Mayor Hindman said if the property had been graded differently,
a sidewalk could have been put in. Assuming the City was entering into a deal
with the State to assume responsibility for the walk, Mr. Schneider said according
to Mr. Brush's letter a sidewalk could not be built in this area unless the City
entered into an agreement with the State. Mayor Hindman indicated that would
have been one approach to try to reach an agreement with the State. He said the
long-term goal is to construct sidewalks if possible.
Mr. Janku noted that the photographs supplied by Mr. Schneider
show residential development on the road. He commented that people will walk
in this area and pedestrians should be protected from traffic.
Mr. John pointed out that this is an unimproved road with
no place to put a sidewalk. He agreed there is a policy in place that allows
for building curbed and guttered roads when the City is to the point of doing
such. He remarked a project can be constructed with the property owner being
billed for the sidewalk at that time. Mr. John believed the policy, which he
said had been cobbled together, existed because of the fact that the City is
behind in curbing and guttering streets. He said that was fine, but the method
in which it is being done it appears to be an impact or off-site improvement
fee which does not necessarily accrue benefit to a particular piece of property.
In this case, Mr. John speculated whether a sidewalk will ever be built.
B136-01 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, COFFMAN, HINDMAN, CRAYTON. VOTING
NO: JOHN. Bill declared enacted, reading as follows:
B137-01 Confirming contract with Aplex,
Inc. for construction of Bear Creek Recreation Trail, Phase IV.
The bill was given second reading by the Clerk.
Mr. Beck explained that this is the last section in the City's
overall plan to extend a trail from Oakland Park westward to Cosmo Park. Seven
bids were received with the lowest being $459,146.50 from Aplex, Inc. A major
portion of funding for the project will come from enhancement money.
Mr. John asked about the percentage of enhancement funds.
Mr. Dudark replied that it is usually 80/20, but he was not sure in this particular
case.
B137-01 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B138-01 Appropriating funds received
from the Thompson family for a pitching machine for Parks &
Recreation
Department.
The bill was given second reading by the Clerk.
Mr. Hood explained that the Parks and Recreation Department
had received a donation from the Thompson family in memory of their son and grandson
who were killed in an automobile accident in the Columbia area a few months ago.
Both were very active in the Youth Sports Programs. He stated the Thompson family
made a $2,000 donation and asked that it be used to purchase a pitching machine
for the Diamond Council Youth Baseball Program. Mr. Hood indicated some memorial
trees will also be planted in the ballfield area in honor of Robert and his son,
Ryan. On behalf of the department, Mr. Hood expressed condolences to the family
and appreciation for their generous donation.
Mayor Hindman expressed the same feelings on behalf of the
Council.
B138-01 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B139-01 Amending Ordinance No. 013351
in connection with certain outstanding bonds of the City and
prescribing
related matters.
The bill was given second reading by the Clerk.
Mr. Beck explained that in 1992, the City participated in
the State Revolving Loan Fund to finance capital improvements in the sanitary
sewer utility. Notice has been received from the state about a refunding opportunity
which would provide a savings of $42,000.
B139-01 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON.
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.
B121-01 Approving Change Order No.
1 and engineer's final report: Columbia Regional Airport
Accommodation
for Ozark Airlines.
B122-01 Approving Change Order No. 1
and engineer's final report: Bear Creek Outfall Sewer.
B128-01 Authorizing an agreement with
Central Electric Cooperative.
B129-01 Authorizing differential costs;
approving engineer's report: Garden City, Plat 8.
B130-01 Accepting deed of dedication:
authorizing differential costs; approving engineer's report: Garden
City,
Plat 9.
B131-01 Accepting easements for utility
purposes.
B135-01 Approving a replat: Woodrail
Plat 6-Lot 17A.
R74-01 Setting a public
hearing: drainage improvements to Bicknell Street-Walnut Street area.
R75-01 Setting a public
hearing: annexation of land on east side of Bearfield Road, south of Nifong
Boulevard.
R76-01 Setting a public
hearing: sanitary sewer utility rate increases.
R77-01 Setting a public
hearing: improvements to Sixth Street from Wilkes Boulevard to Hickman Avenue.
R79-01 Authorizing assignment
of restaurant lease at Columbia Regional Airport.
R80-01 Authorizing interconnection
agreement with the City of Fulton.
R81-01 Authorizing agreement
with FAA for reimbursement of costs to relocate equipment at Columbia
Regional
Airport.
R82-01 Authorizing amendment
to agreement with Buck Consultants for pharmacy benefit management
services.
R83-01 Authorizing agreements
with Mid-Missouri Coalition on Adolescent Concerns, Inc. and Advent
Enterprises,
Inc.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS,
JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bills declared enacted
and resolutions declared adopted, reading as follows:
NEW BUSINESS
R84-01 Authorizing agreement with Comprehensive
Human Services, Inc. and Boys' and Girls' Town of
Missouri.
The resolution was read by the Clerk.
Mr. Dudark explained that Comprehensive Human Services received
a CDBG loan in 1996 for $53,743. The loan was a non-amortized loan, which means
they do not have to pay it back. However, there is a requirement that they continue
to operate the program in the properties for which they received the money. Mr.
Dudark noted that a deed of trust secures the loan. He explained Comprehensive
Human Services is in the process of merging their youth residential treatment
program with Boys' and Girls' Town of Missouri. They are requesting that this
deed of trust be transferred to the Boys' and Girls' Town. He said that agency
has agreed to accept the CDBG responsibilities and perform under the existing
program. Adoption of the resolution will provide an amendment to the agreement.
The vote on R84-01 was recorded as follows: VOTING YES: JANKU,
HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R85-01 Authorizing agreements with
Missouri Department of Social Services, Comprehensive Human Services
and
Welcome Home, Inc.
The resolution was read by the Clerk.
Mr. Beck said this would extend the period of time the agencies
have to complete the program.
Mr. Janku noted that the Welcome Home amount is substantial.
He said there are three or four groups that have been basically allocated a certain
amount of funding almost automatically.
Mr. Steinhaus reported the City applied for approximately
$75,000 in funding, and then the Community Services Advisory Commission reviewed
the proposals from the agencies and decided how best to allocate that pool of
funds amongst the three agencies. He said Welcome Home does have a sizable balance.
He explained that they have had some staff turnover over the past year, and they
also have a new executive director who has been on staff just a little over a
month. Mr. Steinhaus said he informed this individual that he has to get the
proper documentation submitted and spend down the funds. He felt they could do
that in a timely manner; however, the director from Welcome Home had spent the
last month working on the social service proposal to the Commission which was
due at the end of March.
Mr. John expressed concern about an agency being told to "spend
down funds quickly". Mr. Steinhaus clarified that Welcome Home has spent the
money, they just need to submit the receipts for reimbursement.
Ms. Crayton asked if these programs help the homeless youth.
Mr. Steinhaus explained that these are the qualified agencies in town designated
as emergency shelters. He reported they cannot help any youth under the age of
17.
The vote on R85-01 was recorded as follows: VOTING YES: JANKU,
HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R86-01 Authorizing agreement with Burns & McDonnell
for vertical expansion permit modification for the
landfill.
The resolution was read by the Clerk.
Mr. Patterson reminded Council that they recently bid the
construction of Cell #3 at the landfill, and all the bids came in much greater
than what had been estimated by the engineer. It was believed that the vertical
fill option, which would require permit modification, would allow staff more
time to re-examine the project and specifications. Mr. Patterson indicated that
staff met with the Department of Natural Resources and they are confident the
City will be able to obtain the permit modification and gain another year operating
out of the existing site before Cell #3 has to be built. The proposal is to amend
the existing contract with Burns & McDonnell to allow them to do the permit
for the vertical fill without increasing the cost of the current contract. He
said the amendment would simply change the scope of services. The cost of the
vertical fill portion of it will be about $39,000. Mr. Patterson reported this
will reduce some of the other work they were anticipating doing as part of the
construction.
The vote on R86-01 was recorded as follows: VOTING YES: JANKU,
HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON. 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:
B140-01 Calling for bids: traffic signal
modifications at Route 763 and Smiley Lane intersection.
B141-01 Calling for bids: Sanitary Sewer
District 152.
B142-01 Calling for bids: Sanitary Sewer
District 155.
B143-01 Authorizing acquisition of land
for construction of Spruce Drive.
B144-01 Accepting easement for utility
purposes.
B145-01 Vacating a sewer easement on
the proposed BMG Development Subdivision on northeast corner of
Curtis
Avenue and Kentucky Boulevard.
B146-01 Granting a variance to subdivision
regulations re: sidewalks, Country Farms Subdivision, Plat 2.
B147-01 Approving final plat of Hathman
Subdivision Plat 2, located north of Business Loop 70, near
intersection
of Old 63.
B148-01 Approving final plat of BMG
Development Subdivision; accepting performance contract.
B149-01 Approving final plat of Salvation
Army Subdivision; accepting performance contract.
B150-01 Authorizing agreement with Chiodini
Associates for professional services.
B151-01 Authorizing interconnection
agreement with Boone County Regional Sewer District for service to
Leisure
Hills Subdivision; appropriating funds.
B152-01 Amending Chapters 13 and 22
of the City Code to increase charges for sewage service.
B153-01 Amending Chapter 18 of the City
Code relating to pensions for firefighters.
B154-01 Amending FY 2001 Budget for
cost of Special Election; transferring funds.
REPORTS AND PETITIONS
(A) HUD "Police Officer and Teacher
Next Door" Program.
Chief Boehm reported that he and Mr. Dudark had retrieved
some information per Mr. John's request involving this program. He explained
that it is a program offered by HUD designed to encourage police officers and
teachers to purchase houses in "economically distressed" neighborhoods by offering
homes at a significant reduction. It was found that St. Louis is the only community
in Missouri that has designated revitalization areas. Chief Boehm also indicated
the only properties that are eligible for the program are the ones that HUD has
foreclosed on. He said there is only one such property in Columbia at this time.
Chief Boehm believed the program has potential, but it was not doable for the
City at this time.
Mr. John thanked the staff for looking into the matter and
thought it was unfortunate that the City cannot take advantage of the HUD funds.
He would like to address the issue again during budget work sessions. His proposal
was that after five years of service, the City might issue employees a five-year,
$5,000 forgivable loan if a home is bought in the targeted neighborhoods and
are owner-occupied. Mr. John said that $1,000 a year would be the equivalent
to a 50 cent an hour benefit. He asked that his proposal be reviewed and brought
back at budget time.
(B) Golden Knight's Parachute Team.
Mr. Beck explained that the Team plans to parachute onto Broadway,
between Fourth and Tenth Street. The jump would take place at 9:55 a.m. on Monday,
May 28th in conjunction with the Memorial Day parade. In addition to Council
approval, he said the group will also need to obtain FAA approval and will need
to provide the City with proof of adequate insurance coverage.
Mr. Hutton made the motion that the request be approved as
written. The motion was seconded by Mr. John and approved unanimously by voice
vote.
(C) Recommendation from the Human Rights
Commission to Prohibit Discrimination Based on "Gender
Identity".
Mayor Hindman thought staff should review the proposal and
report back to the Council with a draft ordinance.
Mr. Janku asked whether the Commission held a public hearing
on the issue. Mr. Steinhaus responded the Commission did not have a formal public
hearing on it, but they took public comment at the end of every meeting. He noted
they have been working on the issue since October. Mr. Steinhaus indicated the
Commission had been given the direction to present the proposal to the Council
before proceeding any further.
Mayor Hindman made the motion to request a draft ordinance
and a report. The motion was seconded by Mr. Coffman.
Mr. Hutton suggested the Commission look into whether or not
there are any other unprotected classes that should also be considered. The Council
concurred that the report should include information regarding any other unprotected
class.
The motion made by Mayor Hindman, seconded by Mr. Coffman,
was approved unanimously by voice vote.
(D) Regulating Drink Specials.
Mr. Beck noted that a letter had been received this afternoon
from the Missouri Restaurant Association. The Council had been supplied with
copies of such.
Mr. Janku asked if there had been any information received
about actual events and any documentation of proof. Mr. Steinhaus said if Mr.
Janku was asking whether there is evidence that bottomless cups, penny pitchers
and quarter draw specials exist in town, the answer is "yes". He said that State
law does not allow bars and restaurants to advertise these promotions, but it
is a well-known fact that it does occur.
Mr. John spoke about the intended benefit of the ordinance;
however, it would not stop an organization or group from having a party where
binge drinking could still occur. He was not sure the City could legislate out
a behavior by a physical restraint. Mr. John observed there are many issues from
a business and legal standpoint in trying to regulate a pricing structure. He
reminded the Council that prohibition did not work. Mr. John believed if such
an ordinance is enacted, it would just move the problem somewhere else.
Mayor Hindman thought perhaps some other commissions should
look at the issue as well, like the Board of Health. As it stands, the Council
is being supplied with only one point of view.
Mr. Loveless asked how far the City should go to abrogate
an individual from personal responsibility.
Mayor Hindman said he was not enthusiastic about an ordinance,
but perhaps the Council should be given more evidence. Mr. John agreed and said
this was something that is targeted toward a real problem. He commented it would
be a hard sell for him, but he was willing to keep an open-mind about the issue.
Ms. Crayton asked if the ordinance would regulate liquor stores.
She said the parties would not stop even if drink prices are regulated.
Mayor Hindman asked if this proposal was a unanimous decision
of the Substance Abuse Commission. Mr. Steinhaus said it was not -- five members
had been present out of ten; three voted in favor of the issue, one abstained
and one voted against it.
Mr. Janku motioned that the Council accept the report. The
motion was seconded by Mr. Loveless and approved unanimously by voice vote.
(E) Request by Columbia Fire Department
to Pursue Grant.
Chief Markgraf explained that Congress appropriated $100 million
in the current fiscal year to support the fire service in a variety of ways.
The funding specifically targets 57% of the fire departments across the country
in need of equipment. He added that the remaining 43% would go toward assisting
departments in implementing new or specifically oriented type projects. In regard
to Columbia's grant request, Chief Markgraf explained that his staff applied
for $35,000 worth of funds in order to purchase equipment for both placid and
rapid water rescues as well as ice rescue operations. The equipment to be purchased
would be personal flotation devices, a Zodiac inflatable boat with a trailer
and motor, and thermal protective suits. Chief Markgraf indicated this would
be an additional dimension of service the City can provide to the citizens of
Columbia.
Mr. Loveless asked about the request for an inflatable boat.
Chief Markgraf responded that the boat proposed for purchase was selected because
of its weight, the size of the motor, and the conditions for which it will be
used. He reported the boat should be as light as possible when being utilized
in a placid water situation. During a rapid water situation, the boat could still
be used because of its hard bottom. Mr. Loveless asked where staff anticipates
using the craft. Chief Markgraf replied it could be used in any of the several
water areas in the City of Columbia in a placid water situation, and in rapid
water it could be used in flooding situations. Mr. Loveless commented that he
supports the Fire Department applying for these kinds of grants, but he had his
doubts about the utility of a Zodiac craft in Columbia.
After considerable discussion, Mr. Loveless made the motion
that staff be directed to proceed with the grant application. The motion was
seconded by Mr. Hutton and approved unanimously by voice vote.
BOARDS AND COMMISSIONS
Upon receiving the majority of the Council the following individuals
were appointed to the following Board and Commission:
AIRPORT ADVISORY BOARD
Shanker, Richard A., 602 S. William, Ward 6 - term to expire 5/16/05
Taylor, Robert W., 2508 Cimarron, Ward 5 - term to expire 5/16/05
BICYCLE/PEDESTRIAN COMMISSION
Gartner, Carrie, 601 Fifth St., #4, Ward 1 - term to expire 7/31/02
COMMENTS OF COUNCIL, STAFF, AND PUBLIC
Mr. Coffman noted resident's significant concern in regard
to speeding on Audubon. He spoke about a petition requesting that the City to
look into traffic control, whether it be traffic signs or speed bumps.
Mr. Coffman made the motion that staff be directed to look
into the speeding situation on Audubon between Stadium and Shepard Boulevard
and report back with their findings, including costs for traffic calming devices.
The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
Mr. Coffman reported that the Shepard Boulevard Neighborhood
Association asked that the City continue to look into pedestrian friendly improvements
at the intersection of Old 63 and Broadway. He transferred a letter to Mr. Patterson
describing their concerns.
Ms. Crayton commented that she has been seeing a lot of houses
in her Ward with the windows broken out and doors open. She said this continues
to be a dangerous situation and asked the staff to look into it. She thought
that the doors and windows, at the very least, should be secured. Ms. Crayton
indicated that she had given staff a list identifying the problem properties
this evening.
Mr. Janku thought City ordinances should be amended to reduce
the amount of time the City has to wait before abatement can occur. He said it
is a matter of public safety and something needs to be done about it.
Mr. Janku pointed out that the City recently hired someone
for the Neighborhood Response Team. He would like to see what the plans are now
that the employee is on board. He wanted to know what areas would be targeted
and other things like that. Mr. Janku noted another issue that came up during
budget discussions last year relating to the enforcement aspect. He commented
the Council was told that additional money needs to be budgeted for that purpose.
Mr. Janku remarked he knew other communities use CDBG funds for such purposes.
Regarding enforcement, Ms. Crayton said some elderly people
are receiving letters relating to ordinance violations which they find intimidating.
She suggested that the City be more sensitive about what is sent to these individuals.
Mr. Janku stated that he had been contacted by residents in
the Haden Park neighborhood about flooding in certain homes. He said residents
are interested in what the City can do to address this situation.
Mayor Hindman spoke about the Clean-Up Columbia event that
is scheduled for this coming weekend. He said it is a significant volunteer effort
and very important to Columbia. He thought it would be a good opportunity to
give questionnaires to the volunteers. Mayor Hindman commented these individuals
could report on the kind of litter they are seeing, what annoys them the most,
and where they are finding it. Mr. John suggested that the questionnaires be
handed out to the volunteers at the wrap-up event. The Council agreed this was
a good idea. Mayor Hindman indicated that he would talk to Ms. Nutter about it.
Norbert Schueman, 205 E. El Cortez, spoke to the report on
regulating drink specials. He understood the Council's reluctance to regulate
pricing, but on the other hand, he believed that a level establishing some reasonable
amount would make sense. He said those businesses charging a quarter a drink
are obviously taking advantage of students who do not possess much self-control.
Mr. Schueman suggested that the issue be revisited and the public be given an
opportunity for input.
Beth Hussey, Rocheport, did not believe it within the purview
of the Council or any government to modify or regulate the behavior of an individual
that is not illegal. Ms. Hussey thought such an ordinance would be inappropriate
because it would amount to restraint of trade and a form of negative price fixing.
Ms. Hussey suggested that the Council should not get involved in the issue.
Mayor Hindman announced that the Council would be continuing
the pre-Council work session following the meeting in the 4th floor conference
room.
The meeting adjourned at 10:10 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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