The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday, August 5, 2002, in the Council Chamber of the City of Columbia, Missouri. The roll was taken with the following results: Council Members COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, and JOHN 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 July 15, 2002, were approved unanimously by voice vote on a motion by Mr. Hutton and a second by Mr. Loveless.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mayor Hindman noted that R152-02 would be added to New Business and B284-02 would be added under Introductions. In addition, he stated two reports would be added under Reports and Petitions.
Mr. Janku asked that B256-02 be moved from the Consent Agenda to Old Business.
The agenda, as amended, including the Consent Agenda, was approved unanimously by voice vote on a motion made by Mr. Loveless and a second by Mr. John.
SCHEDULED PUBLIC COMMENTS
(A) Beth Winton - Thornbrook Subdivision fire protection services.
Beth Winton, 5603 Majestic Circle, explained how her four year old son, Jacob, nearly drowned last summer at the Thornbrook swimming pool. She pointed out that the first firefighter arrived in 11 minutes with no rescue equipment. Her complaint was that Thornbrook residents pay city taxes but have Fire Protection District coverage because of a deal between the City and the District. She felt this agreement was placing resident's lives in danger and noted that the closest City station was less than four miles from their subdivision. The County station which responded to the emergency is located nearly 12 miles away, which almost cost the life of her son. Ms. Winton asked the Council to assign City fire service to Thornbrook because City stations are staffed 24-hours per day and the response time is much better.
(B) John Ott - Grasslands Neighborhood Association
- Special Benefit District for acquisition of land for
John Ott, 212 Bingham, explained the plans for the development of an 11 building apartment complex that would consist of 72 units and will provide 170 parking spaces in the Grasslands neighborhood. Although residents realized the property has been zoned R-3 for some time, he said the previous owner had said any development would be similar to what currently exists (owner occupied duplexes and some six-plexes). Mr. Ott said the proposed development is concerning because of the impact it will have on their neighborhood. He believed the complex will be geared toward student occupants due to the square footage of the units and the number of parking spaces being provided. Mr. Ott also expressed concern about the proximity of the development to the MKT trail. He asserted that the apartments will compromise the existing greenbelt and buffer along the trail.
In regards to access to the neighborhood, Mr. Ott reported there are currently three means of ingress/egress to this area, and residents have been told it will be very expensive to create a fourth access point for which there is no funding. Even if there could be another access point, the developer intends to have this project finished by next fall which does not allow enough time to develop such.
Mr. Ott spoke of the resident's proposal for the creation of a benefit district. He noted that they are willing to pay 60% of the acquisition cost so the property could be developed as a neighborhood park which will maintain and preserve the buffer for the MKT Trail. He said 80% of the neighborhood is in support of the request. Mr. Ott asked those present in support of this request to stand. Approximately 100 people stood.
B259-02 Amending Chapter 14 of the City Code to establish a 2-hour parking zone on the east side of Tenth
The bill was given second reading by the Clerk.
Mr. Beck noted that the abutting businesses asked for the creation of this 2-hour zone. He pointed out that meters have two purposes; one is to provide for turnover to serve the businesses in the immediate area and the second purpose is to raise additional funding for the parking utility to help create more spaces in the form of garages and on and off-street parking.
B259-02 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B261-02 Authorizing an agreement with
Prime Development Corporation; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Malon noted that the Council directed staff to work out an agreement with Prime Development for preparation of the entire 30 acres, of which both the City and Prime owns 15 acres. The proposal calls for a joint process to bring the site up to grade and get water and sewer lines installed. Mr. Malon said the agreement provides that the City will procure materials and contract for the professional services, and Prime will do the remaining work. He reported the agreement has been approved by Prime Development.
Mr. John asked how much of the cost for this project was for the water and sewer lines. Mr. Malon did not have an exact breakdown, but said much of the cost was for water and sewer. He indicated the cost for this work will be divided equally between the City and Prime.
Mr. John commented that one is not supposed to transfer lots within the City limits of Columbia that are not developed and do not have services to them. He wondered how staff seemed able to circumvent that issue. Mr. Malon explained that the acquisition of the property involved a tract split, and the plat was approved by the Council subject to getting all of this work done. He pointed out this particular lot was chosen because it was located north of Route B and the train would not have to cross the road to access the trans-load facility.
B261-02 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B262-02 Authorizing an agreement with
the Missouri Department of Health; amending the Classification and
Pay Plans; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck noted that staff has been studying issues regarding Homeland Security in the way of our infrastructure, particularly water, electric and public health services.
Ms. Browning explained that this is new funding from the Missouri Department of Health and Senior Services that comes through the federal government. It is the first of a multi-year grant at $151,744 which will fund two new positions, a Bioterrorism Response Planner and an Epidemiology Specialist. If the City accepts this grant, she further explained that we will be responsible for using the Bioterrorism Planner to work with three counties (Boone, Howard and Cooper) in the event of a bioterrorism event. The Epidemiology Specialist will work with six surrounding counties on disease investigation, surveillance and enhancing the overall public health capacity. Ms. Browning noted the grant would cover all of the salary, benefits, equipment, extensive travel and training assessment for the region.
Mr. Janku asked if the Epidemiologist would be able to work on things other than bioterrorism. Ms. Browning said the main focus is to assist the planner in the overall planning process for a particular region. In our case that would be Region F, and she believed there to be four planner positions and three epidemiology specialists that will cover this region. All of the efforts will be developed into one plan for the region, and every region in the state will be doing the same which will feed into a state plan. While the Epidemiologist will be working on bioterrorism, Ms. Browning reported part of those job responsibilities include identifying and discovering disease clusters, so this person will be working on outbreaks of any kind and will not be limited to bioterrorism.
Mr. Hutton asked about the office space for these individuals. Ms. Browning responded there is an area off of the immunization room which will be converted into office space. Mr. Hutton wondered about the length of the grant. Ms. Browning explained that the grant is renewable for a least three years, but the aim is for five years. She indicated the persons hired will be warned that their positions are contingent upon grant funding.
B262-02 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B256-02 Approving the final plat of
Auburn Hills, Plat 2.
The bill was given second reading by the Clerk.
Mr. Janku noted that this plat is adjacent to Brown School Road and asked about the construction timing of the road. Mr. Patterson said the south portion of this final plat would include the right-of-way for the Brown School Road segment to the west. He said timing of construction on that portion would depend upon development. He had the impression the developer would be submitting plats fairly regularly as the development extends to 763. Mr. Janku inquired whether sidewalks would be constructed as the road is built, or if it would depend on houses being built. Mr. Patterson thought there would be a development agreement similar to Providence Road and Vanderveen. He noted the extension of Brown School Road will obviously be a very expensive project, and staff has been meeting with the developer to come up with an agreement that would cover all of the issues related to the construction. Mr. Patterson point out this agreement would be subject to Council approval.
B256-02 was given third reading with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
The following bills were given second reading and the resolutions were read by the Clerk.
B251-02 Vacating easements and street
right-of-way within Timberlane Subdivision, Plat 2.
B252-02 Approving the final plat of Timberlane Subdivision, Plat 5, a replat of Lots 20, 21, 22 and 23 and part
of Lot 32 of Timberlane Subdivision, Plat 2.
B253-02 Approving the final plat of Hathman Subdivision, Plat 3, a replat of parts of Hathman Subdivision.
B254-02 Approving the final plat of Broadway Farms, Plat 16.
B255-02 Approving the final plat of Oakland Springs, Plat 1.
B257-02 Changing the street name of Shamrock Drive to Leatherbrook Drive.
B258-02 Confirming the contract of Emery Sapp & Sons, Inc. for construction of a pedestrian bridge over I-70
along the east side of Providence Road; appropriating funds.
B260-02 Authorizing a grant agreement with the Missouri Highway and Transportation Commission for 2003
transit operating assistance.
B263-02 Accepting a conveyance for electric purposes.
R136-02 Setting a public hearing: property tax rates for 2002.
R137-02 Setting a public hearing: FY 2003 Budget.
B138-02 Setting a public hearing: construction of water mains serving Stonecrest, Plat 4.
B139-02 Setting a public hearing: adopting the 2002-2006 Economic Development Master Plan.
R140-02 Authorizing Amendment No. 4 to the agreement with the Missouri Department of Health for
reimbursement for training of staff for the Community-Based Home Visitation Program.
R141-02 Authorizing Amendment No. 5 to the agreement with the Missouri Department of Health to renew
the Community-Based Home Visitation Program.
R142-02 Amending the agreement with the Missouri Department of Health to extend the Breast and Cervical
Cancer Screening Program.
R143-02 Amending the FY 2000 HOME and FY 2001 HOME Action Plans.
R144-02 Authorizing an assignment of the agreement for a rail spur on Brown Station Road with KCG, Inc. to
REW Materials, Inc.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN,
CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bills declared
enacted and resolutions declared adopted, reading as follows:
R145-02 Approving the preliminary plat of Vanderveen Crossing, Plat 4.
The resolution was read by the Clerk.
Mr. Beck explained that this major subdivision is located on the west side of North Providence, extended. He said the City has been trying to set aside future right-of-way to the north so that Providence can extend across Bear Creek toward 763 and US 63. He noted funding has yet to be identified for that portion. Mr. Beck reported this plat will create 24, R-1 lots. He indicated the use for Lot 440 has not been determined as of yet because it lacks connection to Providence Road. The plat is recommended for approval by the Planning and Zoning Commission and City staff.
The vote on R145-02 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
R146-02 Approving the preliminary plat
of Meadowvale Subdivision, Plat 2.
The resolution was read by the Clerk.
Mr. Beck identified that this 6.2 acre tract is located in northeast Columbia on the south side of Rice Road and Route PP. He stated that fifteen R-2 lots would be created with two of them already having structures on them. Both staff and the Commission recommend approval of the plat.
The vote on R146-02 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
R147-02 Approving the preliminary plat
of Norbury Hill Subdivision.
The resolution was read by the Clerk.
Mr. Beck explained this 7.3 acre tract is located on the west side of Oakland Gravel Road, north of Leisurely Way. It would create 28 R-1 lots, and one lot would be used for a park area. Staff and the Commission recommended approval of the request.
Mr. Dudark noted two accesses into this subdivision and said the park will be maintained by the neighborhood association.
Mr. Janku asked about the width of Thomas Drive. Mr. Dudark said it would be 32 feet with a 50 foot right-of-way.
Mr. Loveless questioned whether the developer would be held to the park designated on the preliminary plat. Mr. Dudark said the final plat will identify this lot as non-buildable property.
As the property develops to the west of this site, Mr. Janku commented that this subdivision would provide the most direct access to Oakland Gravel Road. He was concerned that the City might receive future requests for speed control and traffic calming. Mr. Janku asked if it would be possible to incorporate anything into the street design to slow traffic. Mr. Dudark said there may be a way to have a jog in the street that would slow some of the traffic down.
The vote on R147-02 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
R148-02 Authorizing temporary closure
of a portion of Garth Avenue to allow Verizon to repair telephone
The resolution was read by the Clerk.
Mr. Beck noted that the street would be closed for about two weeks (August 12th-23rd) to accommodate this major maintenance project. He reported the street will reopen before the start of the new school session.
Mayor Hindman asked if this street closure would coincide with the Library move. Mr. John pointed out it is the northbound lane of Garth that will be closed. Mr. Patterson indicated staff considered that in their traffic planning and was one of the reasons they had been insistent on keeping Broadway as unrestricted as possible. It is believed that the traffic movement for the library's relocation will be primarily east/west on Broadway rather than north/south on Garth.
Mr. John asked if this closure would be publicized. Mr. Patterson replied that between now and August 12th there would definitely be a lot of publicity on it.
The vote on R148-02 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
R149-02 Authorizing an agreement with
Horizon Research Services to provide evaluation of City-funded social
The resolution was read by the Clerk.
Mr. Steinhaus reported the evaluation this year would focus on services for the elderly and disabled, as well as two agencies that provide informational resource and referral services. He said the process will measure outcomes to City funded programs as well as helping the agencies build their capacity to measure outcomes. Mr. Steinhaus reiterated the importance for agencies to correctly gather information on the clients they serve and the amount of services provided in order to determine outcomes.
Mayor Hindman noted that the City provides a substantial amount of funds to provide social services, far more than most cities. He said this system seems to provide very valuable information and thought it was money extremely well spent.
Ms. Crayton reported that many state and federal social service programs are being cut. She wanted everyone entitled to funding to be identified and served.
The vote on R149-02 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
R150-02 Approving guidelines for the
City of Columbia Convention and Visitors Bureau Tourism Attraction
Development Fund Program.
The resolution was read by the Clerk.
Ms. Steiner said this would approve the final draft of the Attraction Development Fund Guidelines, the second part of the Tourism Development Fund. She said it has been approved by the Advisory Board with a couple of amendments made since the Council work session.
Mr. Janku understood this would apply to culture facilities, sport facilities and things other than museums. Ms. Steiner said if it is something that meets the guidelines, addresses the issues of whether or not it substantially increases visitation to the point it is also increasing over night stays, something consistent with how they are trying to develop the market place, and if they have done their research. She said if they have met the guidelines she thought it was a moot point as to whether it is a museum, cultural facility, or sports facility. If it meets the test, she said it was something they would probably look at funding.
The vote on R150-02 was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
R151-02 Granting a permit to remove
that portion of the downtown canopy located in front of 872 Broadway.
The resolution was read by the Clerk.
Mr. Beck explained that the owner of the building at the location in question has requested that the canopy be taken down; however, the canopy is owned by the Metro Improvement Company. Because the canopy contains various electrical facilities, i.e., wiring for traffic signals and street lights, and control panels for the downtown area, it has taken some time to determine what would be involved in removing it and who would pay for it. His understanding was that everything had been worked out. Because the canopy is actually within public right-of-way, a permit will have to be issued by the City to authorize the removal of such.
The vote on R151-02 was recorded as follows; VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution declared adopted, reading as follows:
R152-02 Setting a public hearing on
the Council's intent to purchase land on Clarkson Road adjacent to the
MKT Trail for open space and park purposes; proposing a benefit district.
The resolution was read by the Clerk.
Assuming the resolution passes, Mayor Hindman explained that a public hearing would be held on the issue at the August 19th Council meeting.
Mr. Janku asked if this legislation was only setting the public hearing or if it was also declaring the Council's intent to proceed with acquisition of the property. Mayor Hindman believed both would be the case because it would make it clear to the developer, who is entitled to or has a building permit, that the City is seriously looking at the situation. Mr. Boeckmann explained that the procedure for setting up a district like this requires the Council to describe the property to be purchased and also the proposed district. He said it does more than set a public hearing, it declares the Council's intent to proceed with acquisition as well. Mayor Hindman asked what would happen if the Council chooses not to proceed. Mr. Boeckmann replied that after the public hearing the Council could defeat the ordinance that authorizes the acquisition.
After the public hearing, Mr. Coffman questioned whether there would be a problem with the Council adjusting any terms or figures outlined in Section 3 of the resolution. Mr. Boeckmann responded the Council could probably do that, but if they were thinking the payment for the acquisition should be charged 100% to the property owners, it would be better to do it now. He said this is somewhat similar to a resolution declaring the Council's intent to issue tax bills where a ceiling is set. He suggested it would be better to give a maximum which could be adjusted downward.
Mr. Janku said the question was how much of a commitment does the Council want to make with this vote and how specific they want to be with the terms. He thought specificity could be a problem at this point. Mr. Janku asked about the phrase "equally among all legal parcels" as opposed to saying "levying special assessments among all legal parcels." He indicated he had other concerns, but would wait until after public comment.
Dan Simon, an attorney with offices at 203 Executive Building, spoke on behalf of the Grasslands Neighborhood Association. He said this neighborhood is concerned about their families and their community. He noted that this is one of the largest neighborhoods in the area that does not have access to a neighborhood park. He stated residents are also concerned about the MKT trail and what will happen to it if it is not buffered properly. Mr. Simon presented petitions signed by 80% of the people owning parcels in the area who are willing to have themselves taxed to pay for at least a substantial part of the acquisition of the property. He noted this amount could be debated as could other mechanical things. Mr. Simon agreed that the developer has rights and was not saying he should be deprived of his true rights. This individual is entitled to the fair market value of the property and probably entitled to recover expenses he has incurred prior to this evening. He explained that residents are not suggesting to the Council that they steal Mr. Morningstar's land. As far as establishing the benefit district, he said the neighborhood supports it, but if the percentages the neighbors would pay were changed, that might cause some concern. Mr. Simon said those people would have plenty of opportunity to come down and express those concerns at the public hearing. He noted there is a small, additional parcel of land that needs to be added to the legal description (the west part of Lot 2).
Hugh McElroy, 211 E. Ridgeley, said a group not present this evening that would also benefit from the acquisition of this property are the people living in the University Heights and University Village developments. He expressed concern that the proposed apartment complex would be detrimental to the environment and watershed.
Ed Blaine, 4 Clarkson Road, estimated the daily traffic count on Clarkson Road to consist of 25-30 cars. He said the proposed development would raise that number to approximately 200. Mr. Blaine indicated that Vice-Chancellor Groshong told him that the University will endorse the placement of a park in this area, specifically to serve the University Heights and University Village residents.
Eleanor Farnen, 103 E. Brandon, believed the Clarkson property to be valuable because of what it could be, a lovely neighborhood park in a neighborhood that does not have one. She stated the property adjoins and could be linked to the existing trail system. Ms. Farnen spoke about the safety of the children in the neighborhood and the older residents who also live there. She said their neighborhood is a diverse mix of young families, retirees, middle-agers like herself, and single professionals.
Brian Struchtemeyer, 7 E. Burnham, said his personal concerns are the proposed development's density and its proximity near, yet off the University campus. He maintained the units will be marketed toward students and he was worried this would seriously undercut the benefits the community has realized from the University's dry campus policy as the complex will be located near so many fraternity and sorority homes. Regarding the property rights of the developer, Mr. Struchtemeyer noted that the property was zoned open R-3 in 1966 and that the priorities, concerns and issues Columbia faces now are very different than they were in 1966. He said neither the trail or traffic problems existed at that time, and the concept of smart or planned growth was very different. Mr. Struchtemeyer related that Mr. Morningstar's property rights should be respected and he should be compensated for the costs he has incurred thus far.
George Ashley, 209 W. Brandon, reiterated the traffic problems in the area. He said that Stadium Boulevard and Providence Road are now both major thoroughfares which have developed not so much because of the Grasslands neighborhood itself, but for the benefit of the community as a whole.
Mike Alden, 111 E. Ridgeley, also addressed traffic and safety issues and asked the Council to support their request.
In regards to the levying of special assessments, Mr. Janku asked if it was necessary to have the word "equally" in the document. Mr. Boeckmann replied that the ordinance requires a rational formula based on certain factors, i.e., assessed valuation, square footage, etc.
Mr. Hutton noted the boundaries defined in the legislation would include the current property owner in the tax bill assessments. Mr. Simon indicated that was not the intention of the residents. Mr. Boeckmann pointed out the parcel would be City property by the time the tax billing was done. However, he said this tract should be excluded.
Mr. John made the motion that R152-02 be amended to include the description given by Mr. Simon regarding the portion of Lot 2. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
Mr. Janku made the motion that R152-02 be further amended to exclude the property described in Section 1 from the tax assessments. The motion was seconded by Mr. Coffman and approved unanimously by voice vote.
Mr. John noted that there are some fairly modest homes in the grasslands area as well as some fairly substantial ones. In addition, some houses have been built on two or three legal lots. There are also some unbuilt parcels. Mr. John suggested pro-rating figures according to assessed value. Mr. Boeckmann proposed amending the first sentence in Section 3 to read: "The City Council proposes to levy special assessments either equally among all legal parcels of property in the district or pro-rated among the legal parcels based on assessed values."
Mr. Janku did not want to leave the assessed valuation too open to variation. Mr. Hutton thought Mr. Janku's point was that a lot could happen between now and August 19th, and that the Council should not lock themselves into something very specific. To be safe, Mr. Coffman thought they should have as much intent in the resolution as possible. He believed the figures should be the worst case scenario. Mr. Boeckmann noted that the ordinance stipulating the acquisition procedures indicates the City is supposed to have the proposed formula for levying assessments. He said the Council needed to give people some notice of what the action might be. The Council can change this formula after the hearing if they desire to do so.
Mr. Janku made the motion that R152-02 be further amended per Mr. Boeckmann's above stated recommendation. The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
In reference to Section 3, Mr. Hutton suggested changing the acquisition of the property to be paid 100% by the property owners within the special district because that is also the worst case scenario. His true feeling was that it would end up somewhere between 60%-100%, but for debate purposes, he suggested the change.
To be consistent, Mr. Boeckmann indicated that the title and Section 2 should be amended as well to delete the reference that property owners within the special benefit district would only be required to pay "a portion" of the tract in question. He agreed with Mr. Hutton in that after the public hearing, the Council can reduce the percent those within the benefit district would be required to pay.
Mr. Hutton made the motion to further amend R152-02 to delete the words "a portion of" in the title and in Section 2, and further that the last sentence in Section 3 read: "The property owners in the district would pay 100% of the purchase price and other costs of acquisition of the property." The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
Mr Janku asked about the reference to the Council's "intent" to purchase the property, and whether it could be changed to "has the intent" or "has an interest". Mr. Boeckmann responded it could be changed to say the Council "is considering purchasing" this tract. He indicated the words "intent" and "intended" were used because Mayor Hindman wanted to put the property owner on notice that the City intends on purchasing the property, not just something they may be considering. Mr. Boeckmann thought Mayor Hindman's concern was that the developer may charge ahead with the development and he wanted Mr. Morningstar to know as soon as possible that the City intends to buy the tract. He related if that is not the Council's intention, this language should be changed.
Mr. Simon thought the strong language is in order because of an important legal concept. He said if Mr. Morningstar does not want to sell and the City ends up condemning the property, any improvements he makes to the property will be made under threat of condemnation. The law indicates that if one starts constructing buildings on property under threat of condemnation, the property owner will not be compensated for such. If one were to construct buildings on property not under threat of condemnation, that person is entitled to be compensated. Mr. Simon stated that residents do not want Mr. Morningstar to spend his money at his risk and they want him notified of that. It was his opinion that if after the public hearing the Council decides not to proceed with acquisition of the property, they would not be required to do so even though that was stipulated in the legislation.
Mr. Boeckmann agreed with Mr. Simon's argument. However, he said the counter argument is that if the Council passes the ordinance authorizing acquisition of land and the property owner refuses to negotiate a purchase price, the City can then file a condemnation action. When this occurs, three commissioners would be appointed to view the land and then come back with their evaluation of the property (this could take up to six months). The City would then have the option of paying that money to the court and taking possession of the property. Mr. Boeckmann said either party could object and file exceptions to the amount which can lead to a jury trial and the jury will ultimately decide the valuation. If the jury decides, which might be two years from now, that the value of the land is $2 million and the City has not yet taken possession of the property and paid money into the court, at that point the City can say they are not going to do it because $2 million is too much. At that point, the property owner does not have the right to come in and sue the City for the money he lost for not building the development. Mr. Boeckmann thought someone representing the property owner could argue that this is a scenario that could happen, the City will choose not to pay into the court and the owner did not want to run the risk of losing his development opportunity so he went ahead and built the project. They could maintain the valuation is something the property owner should be compensated for. Right now, Mr. Boeckmann said staff would be hard pressed to deny Mr. Morningstar a building permit assuming everything filed with Protective Inspection would entitle him to such.
Mayor Hindman's opinion was that Mr. Simon agreed that the developer is entitled to a building permit, but that he would, in effect, be proceeding with the project at his own risk. He did not see the Council binding themselves to purchasing the property with the adoption of this resolution, but it would be clear that it is the intent of the City to acquire the property.
Mr. Boeckmann indicated the public hearing notice is directed more toward the people that will be part of the special benefit district.
Mr. Janku said by building in the qualifications as to who would pay for the acquisition of the tract alleviates some of his concerns about clarification between intent versus interest. Before the public hearing on August 19th, he asked that the Parks Department supply the Council with a report outlining potential uses for this property as a park. He thought that would affect the interest and support of the community if the purchase of the property is something that will be of community benefit as opposed to just preserving the tract for the neighborhood.
The vote on R152-02, as amended, was recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. 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:
B264-02 Setting property tax rates
B265-02 Adopting the FY 2003 Budget.
B266-02 Authorizing a grant agreement with the Department of Natural Resources for the purchase of a
conveyor and material screener; appropriating funds.
B267-02 Confirming the contract of J.C. Industries, Inc. for the Defoe Drive Area Drainage Project;
B268-02 Confirming the contract of Tim Harris Excavating & Construction for the Sanitary Sewer District No.
144 Project; appropriating funds.
B269-02 Accepting easements for utility purposes.
B270-02 Authorizing construction of water mains serving Stonecrest, Plat 4; authorizing payment of differential
B271-02 Authorizing agreements with the Columbia School District for playground improvement projects at
Parkade and Lee Elementary schools.
B272-02 Authorizing Change Order No. 5 to the contract with Curtiss-Manes-Schulte, Inc. for construction of
the Columbia Activity Recreation Center.
B273-02 Approving the final plat of Ditter Subdivision; granting a variance relating to street right-of-way.
B274-02 Approving the final plat of Hidden Creek Subdivision, Plat 1.
B275-02 Granting a variance to the Subdivision Regulations regarding sidewalk construction along the south
side of Chapel Hill Road, extended, west of Scott Boulevard.
B276-02 Approving the "David & Harriet Guitar Historic Mansion" C-P Development Plan; establishing H-P
Overlay District and "Landmark" status on Lot 2 of McCaleb Subdivision.
B277-02 Approving the "First National Bank of Cherry Hill" C-P Development Plan.
B278-02 Approving the "Monroe Street Office" O-P Development Plan; approving less stringent screening
B279-02 Rezoning property located on the south side of Nifong Boulevard from R-2 PUD to C-P; changing
permitted uses on property located on the southeast corner of Nifong Boulevard and Hyde Park
B280-02 Rezoning property located on the east side of Brown Station Road, south of US Highway 63 from A-1
to M-C, M-R and PUD-12.
B281-02 Vacating a sewer easement located within Bearfield Subdivision; accepting a grant of easement for
B282-02 Appropriating funds for Share the Light Program.
B283-02 Appropriating funds for personnel expenses in the Department of Economic Development.
B284-02 Authorizing acquisition of land on Clarkson Road for open space and park purposes.
REPORTS AND PETITIONS
(A) Intra-departmental Transfer of Funds.
(B) Web Page Redesign Recommendation.
Mr. Beck explained that the Internet Citizens Advisory Group, working with a committee comprised of staff members, has developed a web design proposal. He suggested the Council formally make a motion to proceed with the design.
Mr. Ross pointed out that the proposal would be a new look for a very powerful tool used to provide citizen information and allow on-line customer business transactions. Both groups concurred on the design that was proposed by the Web Designer.
Mr. Hutton made the motion that staff be directed to continue development along the lines they have been following. The motion was seconded by Mr. John and approved unanimously by voice vote.
(C) Report on Alternate Financing Option
for Water System Improvements.
Mr. Malon explained that the Municipal Utilities Association (MPUA) has developed a lease program which has been used by communities that are association members. He said funds remain in the program through the end of the year, at which time the program will terminate. Mr. Malon indicated that MPUA may or may not have another program next year. This lease finance program was set-up to loan a maximum of $15 million to any given community. Mr. Malon said the program can be accepted by Council legislation so that the financing would not have to go through a referendum. Because it is a lease/finance program, he did not think it would apply toward the bonding capacity of the utility, nor did he think the various restricted funds would have to be funded. The financing costs are rolled into the package so that some of the costs that had to come out of the last revenue bond issue would not occur this time around.
Mr. Malon reported this information was sent to the Finance Department and to the Law Department for their review. The Water and Light Advisory Board recommended that if the Council feels this would be an approach to look at, up to $15 million could be funded for the first several years of the water production improvements and a referendum would not have to be considered until 2005. If the Council is interested in pursuing this further, Mr. Malon suggested that staff be directed to make a detailed review of the proposed options and bring back whatever legislation might be required.
Mr. Janku asked that staff move forward as quickly as possible so as not to be shut-out of the running. He suggested that at least the first phase of the northeast booster station project be included as part of it. Referring to this water main addition, Mr. Janku questioned the$2 million and $4 million cost estimates. Mr. Malon responded an estimated $2 million is necessary to pay for right-of-way acquisition and then it is estimated to cost $4 million to construct the project.
Mr. Janku made the motion that staff be directed to bring forth the required legislation. The motion was seconded by Mr. John and approved unanimously by voice vote.
(D) Undergrounding of Lines - Moosmann
Mr. Malon reported to underground utilities across the frontage of Mr. Moosmann's property (to include a 600 amp feeder with all of the associated equipment) would cost the City $32,000 and the developer $35,000-$75,000 depending on his excavation and conduit work. Mr. Malon noted that Mr. Moosmann had indicated he would rather move the two poles as he is no longer interested in participating in such a project.
Mr. John asked about the length of the frontage. Mr. Malon said it was 660 plus feet.
(E) Self-insurance Special Obligation
Bonds - Early Retirement.
Ms. Fleming explained that the long-term status of the self-insurance fund was reviewed and it is believed to be in the City's best interest to retire that debt. Although interest rates are at an all time low, she said the City is able to realize some pretty substantial gains out of our portfolio by going ahead and liquidating it. She explained that it would reduce the upside risk because eventually interest rates will go back up. Ms. Fleming reported as these are variable rate bonds, they are re-callable at any time so there is no prepayment penalty.
Mr. Janku asked if we should wait to see if interest rates get any lower. Ms. Fleming responded it will take them some time to liquidate the portfolio and the investments will not all be sold at once. She said the market is very volatile and one day extensive gains can be achieved that will be gone by the afternoon. She explained this is not something that will happen immediately, but will take some time to do.
Mr. John made the motion that staff be directed to proceed with the plan for retiring the debt. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
(F) The Donna Crockett Annual Golf
Mr. Janku noted that the Council has been receiving reports about attendance at City golf courses being down over the last couple of years. As a way to promote our courses, he suggested the Council adopt a policy to make the courses available for tournaments at off-peak times.
Mr. Hutton supported Mr. Janku's idea and thought it should be considered. He believed the problem is working out the details in regards to such a policy.
Mr. Hutton made the motion that the Council approve the use of the golf course in the manner requested by the Crockett Foundation with the understanding that the staff will develop a policy for Council consideration where they would donate the use of the course two or three times per year for non-profits, with the idea it is to promote the golf course itself and to get people on our courses so they can see the amenities and encourage more play. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
(G) Parks and Recreation Commission
Recommendation on Acquiring a Regional Park in Southeast Columbia.
Mr. Coffman recommended that the Council accept the report. He said it is one they have talked about and they need to keep it in mind while considering all of the park issues in the next few weeks.
BOARDS AND COMMISSIONS
COMMENTS BY COUNCIL, STAFF AND PUBLIC
Mr. Hutton assumed his motion regarding golf course usage was enough to generate the policy preparation from Parks and Recreation. Mayor Hindman said it was understood to be part of his motion.
As part of the report that will accompany B284-02, Mr. Hutton asked for cost comparisons of the185 lots versus an equal division of the tax assessment so as to have an idea what the assessments will be for the property owners. To do that, he said staff would have to estimate the value of the property at either per $100,000 or the cost per lot. Mr. Loveless said he would like to see it done both ways. Mr. Hutton said he would also like to know potential sources of funding and the availability of such if the City agrees to pay a portion of the acquisition costs. In addition, he would like to see some projected uses with development costs and also the value of the property to the Parks and Recreation Department. Mr. John asked for information on a bridge to get to the trail. It was decided that should be considered with development costs.
Mr. Loveless mentioned an inquiry regarding East Parkway off of Broadway. He explained that the street has curbs and gutters on only one side which throws it into an odd designation as far as the City's commitment for street maintenance. He inquired as to whether it would be considered an improved street. According to the new Council policy, it was decided that it did not matter.
Mr. Loveless relayed a problem on the Tosini property located north of Smith Drive where trash and old tires are accumulating. He asked if the previous owners could be required to clean it up. Mr. Patterson thought it would come under the nuisance ordinance. He would have staff look into the situation.
Considering the report the Council just accepted from
the Parks and Recreation Department about the desire to acquire a park in
the southeast area similar in nature to the Philips property, Mr. Loveless
wondered if staff should contact the Conservation Department again to see
what can be done as far as building partnerships and working on that piece
of property. He knew the Conservation staff is still looking for a place
to build a major office complex in Columbia.
Mr. Loveless made the motion that staff be directed to contact the Conservation Department to see if they are interested in a partnership at this time. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
In regards to a previous speaker's comments about fire service to Thornbrook Subdivision, Mr. John noted that the Fire Protection District is building a station at the corner of Scott Boulevard and Vawter School Road. He stated there are no plans to fully staff this facility. He asked that the City Fire Department look at what their response times would be to some of these areas and the possibility, even though the City is not technically the first responder, of going ahead and responding as if they were the first responder. Mr. John also wanted to know what that cost would be and in what areas that response would be significantly beneficial. After obtaining this information, Mr. John suggested the Council might want to consider modifying the current policy.
Ms. Crayton reminded everyone to participate in the National Night Out event tomorrow evening.
Regarding City development charges, Mr. Janku believed these fees should be adjusted upward for inflation, which has not occurred for many of the fees since the 1980's. He asked that an ordinance be introduced at the next meeting so the Council could consider it in context of the budget. He suggested the fees be increased initially by 40% and then those figures can be adjusted downward during the budget hearings.
Mr. Janku proposed that staff contact Mid-West Express in connection with air service to the Columbia Regional airport. He noted that they operate three different hubs in the Midwest, including Kansas City. Mr. Janku reported that they provide a lot of local links to cities in Kansas, Nebraska and Iowa. He wondered if they would have an interest in coming to Columbia.
Mr. Janku passed on a communication to Parks and Recreation from Ben Loeb regarding the Bethel Park tennis courts being considered for inclusion in the Master Plan currently under development.
Mr. Janku related that the Council received a memorandum
from the Bicycle and Pedestrian Commission and asked that it be put on the
agenda for the next meeting. It was in reference to City staff and MoDOT
studying the feasibility of improving bicycle and pedestrian travel along
the access road to Providence Road.
Mayor Hindman made the motion that staff and MoDOT be asked to look at the situation and to come back with a report as to what might be done. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
Mayor Hindman asked about undergrounding utilities in connection with two major public buildings; the library and the ARC. He suggested development of a policy with respect to major improvements and undergrounding being considered as part of the project. Mr. Malon replied that the power lines at the Library have been undergrounded on Broadway. Mayor Hindman said there are above ground power lines on Crestmere, behind the property. Regarding power lines at the ARC being undergrounded, Mr. Malon said one of the problems is that the lines belong to the phone company and right now staff has had trouble figuring out which phone company they need to talk to. He reported it is going to take awhile to get it sorted out. Mr. Malon commented that the undergrounding project at the West Boulevard intersection will deplete the available funding in this account. Mayor Hindman asked that the underground fund not be charged for an expense the City would have otherwise. Mr. Malon responded staff does not charge removing a transmission line to the undergrounding account.
Mayor Hindman spoke of funding for scholarships to the
ARC. He wanted to ensure a policy is developed wherein a source of funding
is identified. Mayor Hindman thought the community would be responsive to
contributing to such. He suggested that perhaps the scholarships could be
used for one or two entries per week instead of a daily pass. He emphasized
that kids should not be left out because of economic issues. Mayor Hindman
related he had also received a call regarding admissions for senior citizens
and thought this group could also use some scholarship help.
Mayor Hindman made the motion that staff make a special emphasis to look into the situation. The motion was seconded by Ms. Crayton and approved unanimously by voice vote.
Mayor Hindman reminded everyone to vote tomorrow.
The meeting adjourned at 10:00 p.m.