M I N U T E S
CITY COUNCIL MEETING - COLUMBIA, MISSOURI
JUNE 3, 2002
 

INTRODUCTORY
    The City Council of the City of Columbia, Missouri met for a regular meeting at 7:00 p.m. on Monday, June 3, 2002, 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, and HINDMAN were present. Member CRAYTON was absent. The City Manager, City Counselor, City Clerk and various department heads were also present.
 

APPROVAL OF MINUTES
    The minutes of the regular meeting of May 20, 2002, were approved unanimously by voice vote on a motion by Mr. Loveless and a second by Mr. Janku.
 

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. Janku.
 

SPECIAL ITEMS
    None.
 

SCHEDULED PUBLIC COMMENTS
    None.
 

PUBLIC HEARINGS
B187-02     Voluntary annexation of property located on the north side of Gillespie Bridge Road, west of the City
                   limits; establishing permanent zoning.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this approximate 155 acre tract to be located in southwest Columbia. The applicant has requested R-1 zoning on 152.08 acres, and A-1 on the remaining 2.02 acres.
    Mayor Hindman opened the public hearing.
    Bob Walters, 2704 Vail, contract holder of the property, offered to answer any questions. He assured the Council that previous concerns relating to drainage issues will be adequately addressed at the time of platting.
    Mr. Janku asked about the potential for a trail through the property. Mr. Walters responded that the land closest to Perche Creek is in the flood plain, containing about 23 acres. He had contacted the Parks and Recreation Department and was waiting to hear back regarding the purchase of such.
    Mayor Hindman closed the public hearing.
    Mr. Beck noted a greenbelt area to the south of this tract. Mr. Janku spoke about the potential connection to the MKT Trail.
    B187-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:
 

B192-02     Calling for bids for the rehabilitation of Deep Well No. 10 and the conversion of the well to an aquifer
                   storage and recovery well.
    The bill was given second reading by the Clerk.
    Mr. Malon explained that the Department of Natural Resources has given preliminary approval to proceed with the project. The well is located on Scott Boulevard, south of Gillespie Bridge Road. The estimated cost of the project is $300,000. Mr. Malon indicated as soon as the well work is done, the project could be bid out. He also reported on a series of required testing procedures to meet DNR guidelines.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B192-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:
 

B194-02     Authorizing installation of water mains along Bicknell, Walnut, Aldeah and Ash Streets in conjunction
                   with sewer reconstruction work.
    The bill was given second reading by the Clerk.
    Mr. Beck remarked that this project will include replacement of four and six-inch cast iron water mains with six-inch PVC pipe at an estimated cost of $148,000. The work will be done in conjunction with a sewer project.
    Mayor Hindman opened the public hearing.
    There being no comments, Mayor Hindman closed the public hearing.
    B194-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:
 

OLD BUSINESS
B188-02     Voluntary annexation of property located on the east side of Sinclair Road, north of State Route K.
    The bill was given second reading by the Clerk.
    Mr. Beck explained the applicant will request R-1 zoning for this 220 acre tract.
    Rob Wolverton, 2106 Clemmons Drive, reported his company is the contract holder on a large portion of this land. He offered to answer any questions.
    B188-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:
 

B190-02     Amending Ordinance No. 017262 pertaining to the renaming of Rice Road to Kelsey Drive.
    The bill was given second reading by the Clerk.
    Mr. Beck explained this amendment will correct the previous ordinance by limiting the name change to the portion of Rice Road located within Evergreen Acres subdivision.
    B190-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:
 

B195-02     Confirming the contract of Garney Companies, Inc. for the construction of water main along Scott
                   Boulevard from Vawter School Road to Thornbrook Ridge.
    The bill was given second reading by the Clerk.
    Mr. Malon noted that this water main project will begin at Vawter School and extend south down Scott Boulevard to Thornbrook Subdivision. When the public hearing was held on this project, the plans called for a 12-inch water main extension. In the interim as more was learned about the future growth and plans for the area, Mr. Malon reported staff now recommends a 16-inch main. He indicated the 12-inch main was bid as authorized but an option was included for the 16-inch main. He stated the bids came in within budget. Mr. Malon also noted that at some point in the future Scott Boulevard will have to be rebuilt, so his department worked with Public Works staff in trying to figure out where to put the main so it would not have to be relocated. He said Public Works does not have a design for Scott Boulevard yet, but they recommended that some sections be buried at an extra depth and have offered to reimburse the utility for such. Mr. Malon commented this was also included as an option and it amounted to $12,500. He related the low bid came from Garney Companies at $334,702.50 for the 16-inch line.
    Mr. Loveless asked how the water main would be installed at the creek on Scott Boulevard. Mr. Malon responded the line would probably be bored under the creek.
    B195-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:
 

B198-02     Authorizing an agreement with Boone County for public health services; appropriating funds.
    The bill was given second reading by the Clerk.
    Mr. Beck noted two separate agreements on the agenda relating to general public health services and animal control. In regards to health services, he reported the City has had a cooperative agreement with the County since 1974 to provide such. The County will be paying $776,143 toward health services and another $10,000 toward utility assistance for the first time. The City's proportional part of this agreement is $1,373,543.
    B198-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:
 

B199-02     Authorizing an agreement with Boone County for animal control services.
    The bill was given second reading by the Clerk.
    Mr. Beck noted cooperative agreements with the County for animal control services was initiated in 1991. The County's participation this year will be $119,905. The City will be contributing $223,971.
    Mr. Loveless inquired as to why these agreements are just now coming forward. Mr. Beck replied that he had heard the County was holding both the health services and animal control agreements pending approval of the health building plan. He thought they had been submitting payment, although there was no formal agreement. Ms. Browning confirmed this statement. It was ascertained that the agreements were submitted for County approval in January.
    B199-02 was given third reading with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Bill declared enacted, reading as follows:
 

CONSENT AGENDA
    The following bills were given second reading and the resolutions were read by the Clerk.

B189-02     Approving the final plat of Evergreen Acres, Plat 2.
B191-02     Amending Ordinance No. 017076 to correct the lot number on property specially assessed for
                   sidewalk construction along Trimble Road.
B193-02     Amending Chapter 27 of the Code to increase water rates at the Columbia Regional Airport.
B196-02     Accepting easements for water and electric purposes.
B197-02     Authorizing a grant agreement with the Department of Natural Resources for restoration of the Blind
                   Boone Home; appropriating funds.
R110-02     Setting a public hearing: voluntary annexation of property located on the southwest side of Ponderosa
                   Street, southeast of the Blue Acres Mobile Home Park.
R111-02     Setting a public hearing: consider Amendment No. 8 to Planning Report (201 Facility Plan) on
                   Wastewater Collection and Treatment.

    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. VOTING NO: NO ONE. ABSENT: CRAYTON. Bills declared enacted and resolutions declared adopted, reading as follows:
 

NEW BUSINESS
R112-02     Authorizing an amended HOME agreement with Columbia Community Development Corporation
                   and a HOME agreement with Columbia Enterlight Ministries Community Development Corporation.
    The resolution was read by the Clerk.
    Mr. Dudark explained that this would amend an existing agreement with Columbia Community Development Corporation. He indicated the amendment would not appropriate any new funds, but would restructure the agreement. One of the changes is to provide $1,500 to handle project-based soft costs such as taxes, insurance, construction financing, and interest costs. The core area has also been modified slightly to coincide with NRT boundaries. Mr. Dudark noted another change in the term of the soft second loan from five to ten years. The final revision relates to when the sales price of a home exceeds the market value, the homeowner will be provided with a grant for these amounts. He said when that occurs, it would not be part of the second mortgage.
    Mr. Dudark stated the second part of the resolution provides for a new agreement with the Columbia Enterlight Ministries which is also a community development corporation. He noted this group does not have a current agreement with the City. Mr. Dudark reported this organization has increased their housing activities and plan on building three new homes this next year. This agreement is similar to the one we have with Columbia Community Development Corporation. The request is for $45,000 which would be a new appropriation. Mr. Dudark reported funding is in the Council's budget as the Action Plan has set aside plans for this purpose.
    Mr. Hutton asked about the provision where the homeowner will be provided a grant for amounts when the sales price exceeds the market value of the house. He noted another area where it said the price of the house cannot exceed 95% of the median purchase price for comparable housing. Mr. Dudark said there is the possibility a property would not appraise to the agreed upon sale price. When that occurs, the difference in costs cannot be loaned to the homeowner because they would have to pay back more than the actual price of the property. Mr. Hutton asked if there was any oversight as far as approving the purchase price of a house. Mr. Dudark said because it involves a first mortgage, the lender would be involved as well. Mr. John noted that it takes a lot more money to build a new house, so these are ways of recovering those costs for the builders. He explained that there are two building processes: one through the schools where a lot of labor is free; and the other, when homes are privately built, CDC contracts for them and oversees the contracts, but it still costs $8,000 to $10,000 more to build them that way.
    Mr. Janku understood that Enterlight Ministries would also be doing private contracting. Mr. Dudark said that was correct. He said another change they made was that there is a recoverable third mortgage of $5,000 that is due upon the sale of the home -- which means that some of the costs will eventually be recouped.
    The vote on R112-02 was recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN. VOTING NO: NO ONE. ABSENT: CRAYTON. Resolution declared adopted, reading as follows:
 

    The following bills were introduced by the Mayor unless otherwise indicated, and all were given first reading:

B200-02     Vacating a portion of a drainage easement within Broadway Farms Subdivision; accepting a grant of
                   easement for drainage purposes.
B201-02     Approving a revision to the C-P Development Plan of Village Square Lot 102A.
B202-02     Authorizing Change Order No. Four to the contract with Curtiss-Manes-Schulte, Inc. for construction
                   of the Community Recreation Center.
B203-02     Accepting easements for utility purposes.
B204-02     Accepting a deed of dedication; approving the engineer's final report; authorizing payment of
                   differential costs for construction of water main serving Timberlane Subdivision, Plats 2 and 3.
B205-02     Authorizing the acquisition of easements necessary to construct H-17 Sewer Extension and H-17N
                   Sewer (Grindstone Creek Outfall).
B206-02     Authorizing Change Order No. One to the contract with J.C. Industries, Inc. for construction of the
                   Downtown Sidewalk Improvement Project.
B207-02     Calling for bids for construction of the Sanitary Sewer District No. 144 (Mexico Gravel Road) Project.
B208-02     Appropriating funds received from Educare for the cost of producing Play as Learning videos.
B209-02     Amending Chapter 13 of the City Code relating to business licenses including armed guard licenses,
                   security guard licenses and temporary business licenses.
B210-02     Amending Chapter 28 of the City Code related to taxicabs and limousines.
 

REPORTS AND PETITIONS
(A)     Re-installation of La Colomba Sculpture.
    Mr. Beck explained that the next step in the process would be to prepare an agreement for overseeing the reinstallation of the sculpture and making any necessary repairs. Staff has identified a funding source in the CIP.
    Mayor Hindman asked whether any grants were available to restore or preserve outdoor sculptures. Mr. Watkins responded that in 2001, staff had submitted a grant application for several outdoor structures that was not approved. He noted that the amount being requested for the La Colomba piece simply involves minor maintenance and he believed was reasonable considering the sculpture is nearly 25 years old and not much has been done to it. Mayor Hindman agreed. Mr. Watkins pointed out that the Office of Cultural Affairs has suggested that the conservator develop a manual.
    Mr. Janku made the motion that staff be directed to prepare an agreement for overseeing the re-installation of La Colomba, including repairs to the sculpture and using available CIP funds. The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
 

(B)     Intra-departmental Transfer of Funds.
    Report accepted.
 

(C)     Landscaping and Screening Regulations Pertaining to Automobile Dealerships.
    Mr. Loveless made the motion that the Planning and Zoning Commission be directed to hold a public hearing on the issue. The motion was seconded by Mr. Janku.
    Mr. Janku said he would like to see some changes made, but was not sure either way was the right way to go. He indicated the second approach, regarding the establishment of exemptions, was supposed to imply flexibility in meeting the requirement, but turned out making it difficult for staff to enforce and interpret because reasonableness is in the eye of the beholder. He said it was not clear to people what needed to be done and it became very difficult. Mr. Janku suggested that the Council try to adopt some alternate standard so it is clear what is expected. He specifically suggested that the same amount landscaping be required, but it could be allocated to the exterior. He explained the landscaping would have to be allocated around the exterior in an equal fashion so that every part of the lot would get some sort of exterior coverage.
    Mayor Hindman suggested that the issue be sent to the Planning and Zoning Commission for a public hearing. He noted that Mr. Janku's remarks could be accompanied with that direction for the Commission's consideration. He was not ready to come to a conclusion as to what the new standard should be.
    There was a discussion about landscaping alternatives only being allowed in planned districts. Mr. Dudark said the Commission did not think that would be the way to go. He explained the amendment would allow a substitute plan for landscaping, but the property would not have to be located within a planned district.
    Mr. Beck mentioned such an amendment would delegate approval of landscaping to the Commission. Mr. Janku said their approach would delegate it. He said they would sign off on the landscaping plan. He believed it would function like a planned district because one would have to come to the staff and eventually get Commission approval rather than Council approval, but they would have to develop a plan that would meet all of these things.
    Mr. Coffman was skeptical of Mr. Janku's suggestion and said he would want to look at it.
    Mr. John believed landscaping requirements for auto dealerships should be different because the parking lot is their sales floor, their retail sales space. He commented these businesses are required to have large parking lots because their product is big. By requiring screening, Mr. John thought the City would be forcing them to hide their products behind the landscaping. He wanted the issue sent to the Commission for review with the understanding of why the alternatives were enacted in the first place. Mr. John pointed out that all existing parking lots would have a grandfathered status unless they make a major change (more than 20%) to the building. He also indicated that might dissuade people from upgrading.
    Mayor Hindman explained he originally asked that this issue be explored because of the situation when Joe Machens submitted a plan with an enormous lot without any interior landscaping. He knows there are many cities that have interior landscaping for car lots and it seems to be working fine. Mayor Hindman thought the Commission should look into it.
    Mr. Hutton saw nothing to preclude a common middle ground where some landscaping would be possible without detracting from the sale or the number of parking spots, etc. He agreed it was worth taking a look at with the idea that the Council is amenable to considering a compromise situation. Mr. Hutton did not suggest that the trees should be reasonably distributed.
    The motion made by Mr. Loveless, seconded by Mr. Janku, including the suggestion about the minutes being forwarded to the Commission, was approved unanimously by voice vote.
 

(D)     Street Closure Request.
    Mr. Beck explained that the Tribune was requesting the closure of Fourth Street on Saturday, June 22, from 5:00 a.m. to 5:00 p.m. for the grand opening of their new facility. The Central Columbia Association has reviewed the request and recommended approval.
    Mayor Hindman made the motion that the request be granted as written. The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
 

APPOINTMENT TO BOARDS AND COMMISSIONS
    None.
 

COMMENTS BY COUNCIL, STAFF AND PUBLIC
    Mr. John commented that staff had forwarded him a map showing the CDBG eligible areas in the employee home purchase area. He felt it appropriate to remove the areas that are not CDBG eligible from the map.
    Mr. Janku asked when the City would receive the updated CDBG eligibility area. Mr. Dudark thought it would be later on this year. Mr. Hutton asked if it was based on the census. Mr. Dudark replied affirmatively.
    Mr. John made the motion that the CDBG ineligible areas be removed from the employee home purchase area. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Hutton asked for enforcement at the southeast corner of Vine and Charles on some health related issues, primarily the weed ordinance. He said the house is vacant and there are possibly several minimum property standard code violations.
    Mr. Hutton asked about the status of a duplex on Oakview wherein a setback variance was denied by the Board of Adjustment. He believed the case was referred to the Prosecutor's Office. He asked for a report back.
    Mr. Hutton explained that a couple of year's ago, the Board of Adjustment granted permission for KFRU to build an antenna next to a residential neighborhood. He reported that residents are complaining about the radio's broadcast is bleeding into phone and television lines. He noted that KFRU responded to complaints in a timely manner, but the fixes made would only last for a few days. Mr. Hutton will submit a list of all the properties that are affected by KFRU's transmission and asked that the situation be looked into for a permanent solution.
    Mr. Hutton made the motion that the tower issue be looked into. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
    Mr. Janku commented on an open building at 1007 Wilkes and asked that it be checked into.
    Mr. Janku noted a new apartment complex on N. Seventh Street where they have put in minimal landscaping, but for some reason nothing has been done with the lawn. He said the dirt continues to runoff and there has been no seeding or sodding. Mr. Janku wondered if this property owner is in violation of City ordinances.
    Mr. Janku said as staff moves forward with the Business Loop in this year's budget, he wanted them to address the issue of a pedestrian crossing at the Business Loop and Garth intersection. He said a dollar amount of $23,000 had been given. He said it is of interest to those at Rusk Rehabilitation and also to the students at Parkade Elementary School.
    Mr. Janku commented at the Retreat this year the Council also discussed sidewalks in terms of access to the Recreation Center. He noted the walks in front of the Recreation Center will be five feet wide, but he would also like to see staff pursue completion of the network by including sidewalks on the Water and Light property along Ash. A sidewalk also should be extended on Bernadette because it is the connection to the walk on Worley. Mr. Janku noted the sidewalks along both sides of the building will have to be bent and extended to the walk that is present along Westlakes. He said a sidewalk needed to be constructed on the bank property between Stadium and the new Michael's which will have a sidewalk. Mr. Janku said that would complete the gap there. As they move forward with the budget, he said he would like to see them pursue the possibility of some sort of crossing signal at Stadium and Ash.
    Mayor Hindman said he would like to add that staff look at the entire area, particularly along Clinkscales, Again Street, and near West Boulevard Elementary School. He noted a walk on Clinkscales would provide access to the neighborhoods on the south side of Broadway. To ensure the Recreation Center is a central community place, all of these areas need to be included.
    Mr. Janku made a motion per his above statements. The motion was added to and seconded by Mayor Hindman.
    Mr. Janku indicated he was more than interested in having the areas he referred to assessed for the possibility of constructing sidewalks. Mayor Hindman said he mentioned specific sidewalks to be constructed. Mr. Loveless believed the areas cited should be included in the annual sidewalk plan. He pointed out the Council spoke about some gaps along Chapel Hill as well.
    Mr. Beck responded that staff would look around the Recreation Center area as well as the surrounding streets.
    The motion made by Mr. Janku, added to and seconded by Mayor Hindman, was passed unanimously by voice vote.
    The meeting adjourned at 7:53 p.m.

                                                                                                Respectfully submitted,

                                                                                                Penny St. Romaine
                                                                                                City Clerk