INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, February 17, 2003, in the Council
Chamber of the City of Columbia, Missouri. The roll was taken with the following
results: Council Members JOHN, HINDMAN, CRAYTON, JANKU, and LOVELESS were present.
Members COFFMAN and HUTTON were absent.
APPROVAL OF MINUTES
The minutes of the regular meeting of February 3, 2003, 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, as amended, including the Consent Agenda, was
approved unanimously on a motion made by Mr. John and a second by Ms. Crayton.
SPECIAL ITEMS
R34-03 Authorizing a permit application
to be submitted to the Missouri Department of Natural Resources for discharges
from Columbia's regulated small municipal separate storm sewer system.
The resolution was read by the Clerk.
Mayor Hindman explained how much work has been done on this
issue by both the staff and a citizens committee.
Mr. Beck explained that EPA Phase II Stormwater Regulations
require permits for small municipalities with separate storm sewer systems. This
resolution will authorize the permit application being sent to DNR.
Mr. Patterson noted that work on this issue has been a coordinated
effort between the City, the County of Boone, the University of Missouri and
a citizens task force appointed by the Council and the County Commission. He
commented that the task force has been meeting monthly for almost a year to develop
the proposed application.
Mr. Patterson reported the application consists of elements
surrounding six minimum control measures which are required by the EPA. He stated
the City must have a storm water management plan to address the measures in a
comprehensive manner. The measures consist of the following: public education
and outreach on storm water impacts, public involvement/participation, illicit
discharge detection and elimination, construction site storm water runoff control,
post-construction storm water runoff control in new development and redevelopment,
and pollution prevention/good housekeeping for municipal operations.
Mr. Patterson explained the group started the process with
a self-assessment of what is being done in the county, city and at the University.
He indicated that it had been gratifying to find that the City has been well-postured
to obtain compliance, and is in the advanced stages of being in compliance. With
the efforts of the task force, Mr. Patterson thought a process had been developed
to address the remaining issues. He said in the coming months there will be evaluations
and formalization of the procedures outlined in the application.
Dave Griggs, a member of the Storm Water Task Force, asked
his fellow members present to stand as he introduced them. He thanked the staff
for their help and said the group looks forward to continuing their task.
Mayor Hindman thanked the task force for all of their work
on this issue.
The vote on R34-03 was recorded as follows: VOTING YES: JOHN,
HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON.
Resolution declared adopted, reading as follows:
SCHEDULED PUBLIC COMMENTS
(A) Dr. Frederick Springsteel - Local
Inter-Governmental Cooperation.
Mr. Springsteel thought the City and the School District should
collaborate to make more effective use of public resources. He noted a joint
breakfast meeting on February 25th and suggested that they discuss ways for both
entities to save money. Mr. Springsteel urged the Council to support the School
District in their application for the Federal Building.
(B) Robin Remington, Gail Plemmons
and Roy Hartley - Cities for Peace.
Robin Remington, co-founder of Peace Haven International,
voiced concern about the physical safety and mental health of the sons and daughters
of Columbia residents who are in the armed forces if they are sent into Iraq.
Gail Plemmons spoke on behalf of the local chapter of Women's
International League for Peace and Freedom about the economic consequences war
would have on this nation.
Roy Hartley, Cities for Peace, asked that a public hearing
be scheduled for the next meeting relating to the City's opposition of a unilateral
invasion of Iraq.
PUBLIC HEARINGS
B361-02 Amending Chapter 29 of the City
Code relating to landscaping requirements for motor vehicle, trailer and
farm machinery sales and service facilities.
The bill was read by the Clerk.
Mr. Beck explained that this issue has been tabled for some
time and that an amendment had been prepared.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Since the issue was tabled, Mr. Boeckmann explained that there
have been meetings between the staff and opponents of the ordinance. The amendment
language, drafted by Mr. Dudark, would provide an alternative of one large shrub
and two medium shrubs for each required tree. The attorney representing the opponents
had said their preference was to have the language read, "one large bush or two
medium shrubs". There was also language clarifying a "paved area".
Mr. Janku asked if this would change the 15% landscaping requirement.
Mr. Dudark said it would not, the strip along the street currently required would
be part of the 15%. Mr. Janku questioned if the one large bush and/or two medium
shrubs would be in addition to the existing screening along the street. Mr. Dudark
replied it would. He explained the 15%, the only requirement for a part of it
to be landscaped, is the portion along the street. The remainder of the 15% would
have to be in grass. If the amendment is approved, the strip would either have
to be planted with a tree or shrubs. Mr. Dudark noted that car dealers would
still be exempt from having landscaped islands in the interior or the parking
lot, and they would not have to have the separation strips between the large
parking areas that are required in other locations. He said it could be on the
perimeter.
Mayor Hindman made the motion that B361-02 be amended per
the amendment sheet using the word "or". The motion was seconded by Mr. Janku
and approved unanimously by voice vote.
B361-02, as amended, was read with the vote recorded as follows:
VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: JOHN. ABSENT: COFFMAN,
HUTTON. Bill declared enacted, reading as follows:
B34-03 Calling for bids for the construction
of improvements to Lake of the Woods Golf Course.
The bill was given second reading by the Clerk.
Mr. Beck explained that this will be the second phase of improvements
at The Lake of the Woods golf course. He stressed that the improvements will
be paid out of the recreation service fund, not the general fund.
Mr. Hood explained the improvements would include the conversion
of the fairways to zoysia grass turf. A strip sod method of establishing the
turf is being recommended. He described the procedure and indicated that staff
believes two fairways per day could be re-sod, with the total project taking
approximately 30 days. It is believed the entire fairway would convert to zoysia
within three growing seasons. Mr. Hood reported that the estimated cost of the
project is $74,000.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B34-03 was given third reading with the vote recorded as follows:
VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT:
COFFMAN, HUTTON. Bill declared enacted, reading as follows:
B35-03 Voluntary annexation of property
owned by the City located generally west of Scott Boulevard and north
of Millbrook Drive; establishing permanent M-R zoning.
The bill was given second reading by the Clerk.
Mr. Beck explained that an electrical substation is located
on this 10 acre City-owned tract. Both staff and the Planning and Zoning Commission
recommended the annexation and an M-R zoning category.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B35-03 was given third reading with the vote recorded as follows:
VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT:
COFFMAN, HUTTON. Bill declared enacted, reading as follows:
B36-03 Voluntary annexation of property
owned by the City located on the south side of Brown School Road, approximately
one-half mile west of State Route 763; establishing permanent R-1 zoning.
The bill was given second reading by the Clerk.
Mr. Beck said this small .04 acre tract contains a water well
that belonged to the Water District at the time the City merged with them. Staff
recommends annexation and permanent R-1 zoning.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B36-03 was given third reading with the vote recorded as follows:
VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT:
COFFMAN, HUTTON. Bill declared enacted, reading as follows:
B42-03 Rezoning property located on
the south side of Highlands Court, approximately 200 feet west of Bentpath
Drive from A-1 to R-1.
The bill was given second reading by the Clerk.
Mr. Dudark showed the location of the four lots under consideration
for rezoning. He said the request was submitted for the purpose of reducing setbacks
that are required with an A-1 zone; specifically, 25-foot side yard setbacks
being six-feet in R-1. He noted the irregular configuration of the lots and said
an R-1 classification would provide for more flexibility in the placement of
homes on the lots. Mr. Dudark pointed out that the Planning and Zoning Commission
is in favor of the change.
Mr. John was concerned that the change could result in Lots
3, 4 and 5 being pushed up against the previously platted lots in Highlands Ridge.
Mr. Dudark reported that the rear yard setback in an R-1 zone is 30-feet or 25%
of the lot depth, whichever is greater. Mr. John asked if the eastern edge of
Lots 3, 4 and 5 could be considered the rear yard. Mr. Patterson replied that
would depend upon the orientation of each structure on the lots, so it could
be, but would not have to be.
Mayor Hindman opened the public hearing.
Justin Perry, 1710 Kenilworth, developer of the property,
offered to answer questions. Mr. John asked about the rear yard setbacks against
the western side of the Highlands Ridge lots. Mr. Perry explained that the orientation
of the homes on Lots 4 and 5 would be primarily to the west. He added that the
topography would not allow an orientation towards the eastern boundary. Mr. John
asked about Lot 3. Mr. Perry said the home would most likely face in a northwesterly
direction. Mr. John questioned whether it would be build on the north or south
side of the utility easement. Mr. Perry replied it would have to be built on
the northwest side of the sewer easement.
Mayor Hindman closed the public hearing.
B42-03 was given third reading with the vote recorded as follows:
VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT:
COFFMAN, HUTTON. Bill declared enacted, reading as follows:
B43-03 Rezoning property located on
the north side of Hinkson Avenue, approximately 115 feet west of North
William Street from R-3 to R-2.
The bill was given second reading by the Clerk.
Mr. Dudark explained that the applicant was in the process
of submitting plans for expansion of the facility when it was determined the
property would have to be replatted under its current zoning designation. However,
he pointed out that an R-2 zone would not necessitate the replat of the property,
but it does limit the use of such. Mr. Dudark stated the applicant will still
have to be granted a conditional use permit from the Board of Adjustment if the
Council approves this request. The Planning and Zoning Commission recommended
approval.
Mayor Hindman opened the public hearing.
Rod Stevens, an attorney with offices at 11 N. Seventh, spoke
on behalf of the applicant. He explained that the nursery school received a grant
a few years ago to construct a new building. After a development plan was submitted
and approved, he said the Board of Adjustment subsequently approved a variance
in regard to a parking matter. After a groundbreaking ceremony in December, it
was discovered the subject site does not meet the definition of a lot in an R-3
zone. Mr. Stevens summarized the applicant's choices were to have the property
replatted, which is expensive and time consuming and would possibly put grant
money at risk, or downzone the tract to R-2 and seek a conditional use permit
from the Board of Adjustment. He spoke of their preference for the downzone to
R-2 and then the applicant will seek a conditional use permit from the Board
of Adjustment.
Mayor Hindman closed the public hearing.
Mr. John commented that this is an example of the bizarre
entanglement of City regulations -- the downzoning process is faster than replatting
a tract.
B43-03 was given third reading with the vote recorded as follows:
VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT:
COFFMAN, HUTTON. Bill declared enacted, reading as follows:
B45-03 Authorizing the acquisition
of easements necessary to construct Sewer District No. 157 (Rollins and
Burnam).
The bill was given second reading by the Clerk.
Mr. Patterson explained this public hearing is being held
to determine the necessity of constructing approximately 435 feet of eight-inch
public sewer line to replace a private common collector that serves five structures
in the recently created Sewer District No. 157. The project cost is estimated
at $82,300 which includes the connection of the lines to the new public sewer.
The not to exceed tax bill being proposed is 36 cents per square foot. Staff
recommends funding for the project to come from tax bills levied against the
properties within the sewer district and from sanitary sewer utility funds. Since
all the properties are being used for student housing in the form of fraternities
and sororities, Mr. Patterson noted it is very important the work be done during
the summer break. For that reason, he said it is necessary to initiate the acquisition
of right-of-way at the earliest possible time.
Mr. Patterson reported that City policy provides for the sewer
utility to share equally in the cost of replacing private common collectors.
Based on estimated costs, he said the rate payers of the sewer utility would
be paying $41,150 towards the project, assuming tax bills are assessed against
the subject properties. At 36 cents per square foot, Mr. Patterson indicated
the tax bills would range from $4,518 to $12,435.88 and, if assessed, could be
paid over a period of ten years after issuance.
Mr. Patterson related that following construction and prior
to any special assessments being levied, there will have to be another public
hearing at which time the Council will have to determine whether or not there
have been benefits that have accrued to the properties at least equal to the
special assessments. He said staff considers the City policy of providing 50%
of the cost to extend properly constructed public sewers as a benefit to any
property. He noted that the City would also assume full responsibility for future
maintenance of the line and will have access by easements to make any repairs
that may be necessary. The public line would also eliminate maintenance costs
to property owners and the potential health and environmental problems from stoppages,
overflows and other potential liabilities associated with the existing private
common collector. Additionally, Mr. Patterson commented that connections to public
sewer lines traditionally increase property values.
At the time the District was being proposed, Mr. Patterson
reported there had been requests that the City apply the provisions of Section
22-97.1 which would defer tax bills in excess of $5,000 per residential unit.
Staff believes that is not the intent of the provision because it was intended
to provide a mechanism for extension of public sewers in areas of low density
and typically large, single family residential lots. It is staff's opinion that
the provision would not be applicable to fraternities and sororities since they
function more as commercial boarding houses than traditional residential units.
Mr. Patterson related that this request has brought up an issue about amending
that section of the ordinance to clarify the intent of deferral being applied
to one and two family dwellings.
Mr. Patterson stated that staff recommends the project proceed
with the cost being jointly and equally shared by the sewer utility and the properties
up to the maximum assessments established by the resolution, and that efforts
be made to construct the sewer line in the summer months of this year. If the
Council wishes to proceed with the project as recommended, after the public hearing
a motion should be made directing staff to proceed with final plans and specifications
for Sewer District 157 and approval of the ordinance to acquire the easements.
As a second step, Mr. Patterson asked that the Council provide direction relating
to an amendment that would limit the deferred tax bills on developed residential
lots to one and two family dwellings.
Mayor Hindman opened the public hearing.
Linda Russell, 116 Manor, spoke as President of the Alpha
Delta Pi Housing Corporation. She believed that Section 22-97.1 should apply
in their case. She referred to subsection b and said the word "shall" mandates
the $5,000 cap and did not leave it up to the discretion of the Council. Ms.
Russell asked that they be assessed $5,000 for their share of the improvements.
Mr. John asked Ms. Russell about the number of residents housed
in her facility. Ms. Russell replied there are 72 residents and 23 bedrooms.
Don Neckadan, on behalf of Alpha Gamma Sigma, spoke in support
of the project as presented. He said the old sewer is problematic and they would
rather have it fixed now before it becomes a situation which will put them out
of business at a time they cannot afford to be. Mr. Neckadan encouraged moving
forward with the project so it could be finished by this summer.
Mayor Hindman closed the public hearing.
Mr. John asked about the definition of a unit when dealing
with boarding houses. Mr. Beck thought it was defined in the solid waste ordinance.
Mr. Patterson indicated that a clearer definition is needed. He said that was
one of the reasons for their recommendation on the second item. Mr. Patterson
noted the action by the Council tonight does not provide for the assessment of
tax bills. Between now and the time there is a special assessment public hearing,
Mr. Patterson said staff would like the opportunity to clear up any questions
in regard to the definitions.
Mr. Boeckmann remembered a staff memo specifically delineating
that a cap would not apply in this situation. He pointed out that this was also
mentioned when the Council voted to form the District. In looking at the ordinance,
Mr. Boeckmann agreed it needs clarification. When discussing this particular
section with Mr. Patterson, it was his recollection that when it passed, the
Council had in mind single family and perhaps two family dwelling units and not
apartments or other more commercial type residential units.
Mr. Patterson reiterated staff's opinion that the cap should
not apply to this project, but the question has been raised so they felt it was
something that should be brought back to the Council -- to clearly define it.
Staff is recommending that the project be paid for by the sewer utility and tax
bills with a maximum assessment to be 36 cents per square foot. If the project
comes in under bid, the assessments will be lowered, but if it comes in higher,
the utility's participation is higher. Mr. Patterson noted the assessments to
each property are not being fixed at this point -- that has to occur after construction.
Mr. Boeckmann concurred and said the amount of the tax bill cannot exceed the
benefit to the property, and that is determined at a public hearing after the
project is completed.
Mayor Hindman made the motion that the staff be directed to
proceed with final plans and specifications. The motion was seconded by Mr. Janku
and approved unanimously by voice vote.
Mr. Janku made the motion that staff be directed to prepare
an amendment to the ordinance (22-97.1) limiting the deferred tax bills to one
and two-family dwellings. The motion was seconded by Mr. Loveless and approved
unanimously by voice vote.
B45-03 was given third reading with the vote recorded as follows:
VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT:
COFFMAN, HUTTON. Bill declared enacted, reading as follows:
B47-03 Authorizing construction of
water main located in Vanderveen Crossing, Plat 10; providing for payment
of differential costs.
The bill was given second reading by the Clerk.
Mr. Beck explained the City policy to pay the cost of water
mains over and above that required for the development. In this case, it is an
eight-inch rather than a six-inch line, 2,175 feet long at an estimated cost
to the City of $7,873 to be paid from Water and Light funds.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B47-03 was given third reading with the vote recorded as follows:
VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT:
COFFMAN, HUTTON. Bill declared enacted, reading as follows:
R35-03 Amending the FY 2002 HOME Action
Plan.
The resolution was read by the Clerk.
Mr. Dudark explained the request from the Columbia Housing
Authority for $300,000 in HOME funds. The first project would designate $150,000
in funding for the purchase of vacant lots within the central City area for affordable
housing construction for low income households. The second proposal calls for
utilizing $150,000 for a tenant based rental assistance program to assist special
populations within the City. In addition, Mr. Dudark commented there is a request
for $7,500 in administrative funds to manage the tenant based rental assistance
request.
Mr. Dudark reported that the City has slightly over $150,000
available that consists of unprogrammed funds in the 2002 HOME budget. There
are also some uncommitted Housing Rehabilitation funds that must be committed
for a specific project by the end of March. These two projects together would
be $307,500. Mr. Dudark noted that the City has an additional $98,000 that staff
plans to place under contract for housing rehabilitation prior to March 31. He
explained the City has two years to commit these funds for a specific activity
or they are subject to de-obligation by the Department of Housing and Urban Development.
If approved by Council, the amendment would have to submitted to HUD for their
approval and then a contract would be brought back to the Council.
Mr. Loveless asked for a definition of affordable housing.
Mr. Dudark explained that it has to do with the income range of a particular
family or household in relation to their efforts to obtain housing. Typically,
he said a mortgage payment should not exceed 30-35% of disposable income, and
the federal government has used 30% for rent payments. He related that this particular
application is to secure lots so that homes can be built and then be made available
at an affordable cost to qualified households.
Mr. Janku understood there is a waiting list for home rehabilitation.
He asked why staff has been unable to program that amount. Mr. Dudark confirmed
there is a waiting list, but there is also a certain capacity to rehab homes.
There are typically 15 to 20 houses rehabilitated per year. Mr. Dudark indicated
that is just about all the contractors can accomplish. He noted that staff is
constantly looking for contractors who are interested in the rehabilitation program,
but some do not want to do rehab and others only do new housing construction.
Mayor Hindman opened the public hearing.
Doris Chiles, Executive Director of the Columbia Housing Authority,
spoke in support of their request for funds. She reported that CHA has an excellent
record of expending and obligating funds in a timely manner. Regarding the tenant
based rental assistance program, she said CHA has been closely associated with
the Boone County Homeless Coalition for about five years, and through that connection,
they have become aware of the lack of transitional housing facilities for certain
populations. Ms. Chiles stated the TBRA Program has not been fully designed,
but any program policy would be coordinated through Mr. Dudark's office to assure
it meets the HOME guidelines. She envisioned that persons qualifying for the
program would be referred to CHA by the Mental Health Court, the Probation and
Parole Office, McCambridge Center, The Shelter, New Horizons, Phoenix Programs,
etc.
Mayor Hindman closed the public hearing.
The vote on R35-03 was recorded as follows: VOTING YES: JOHN,
HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON.
Resolution declared adopted, reading as follows:
(A) Voluntary annexation of property
located east of Creasy Springs Road and north of the present City limits.
Item A was read by the Clerk.
Mr. Dudark explained this to be 22 acres of land just north
of the City limits, east of an existing subdivision in the County. The request
will be for permanent R-1 zoning.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
OLD BUSINESS
B41-03 Approving the final plat of Lake
of the Woods South, Plat 3.
The bill was given second reading by the Clerk.
Mr. Dudark reported there will be a temporary sewage holding
facility on the property as the City is in the process of constructing a sewer
interceptor line in this area. The line will not be available until some time
next year. The developer will install the temporary facility and will also remove
it at his cost. Mr. Dudark also pointed out only one entrance into this subdivision
through Teton Drive off of Grace Lane. He noted a street shown on the plat to
the north, but he stated that it does not connect through to an existing public
street at this time. There are plans to extend it, but it is not part of the
plat before the Council this evening.
Mr. Loveless recalled an earlier discussion on this subject
about a secondary access, even if temporary. He asked if there are any plans
on the developer's part to ease the access problem. Mr. Dudark responded access
will go through an existing subdivision. He pointed out the potential of some
81 dwelling units that could be constructed with approval of this plat. Mr. Dudark
thought the timing of the second entrance was dependent upon a development to
the north of this one which is commercially zoned.
Mr. John asked about a subdivision rule where there has to
be one entrance per 100 lots. Mr. Dudark acknowledged that this plat is in compliance
with that rule.
B41-03 was given third reading with the vote recorded as follows:
VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT:
COFFMAN, HUTTON. Bill declared enacted, reading as follows:
B50-03 Amending Chapter 4 and 16 of
the City Code relating to alcoholic beverages.
The bill was given second reading by the Clerk.
Mr. Boeckmann explained that this ordinance would establish
a rebuttable presumption in cases involving alcohol, for both minors in possession
and open container ordinances. Currently when the City prosecutes these types
of cases, we must have a sample of the alcohol tested to prove it is alcohol.
Some years ago in regard to minor in possession cases, the State established
a presumption that if a container is closed and labeled as containing alcoholic
beverages, that there is a rebuttable presumption that it contains alcohol. Mr.
Boeckmann related that means the City would not have to prove it because it is
assumed, but the defendant, if he chooses, can have the contents tested and proved
that it is not alcohol. He believed this is a reasonable ordinance based on the
experience that it always comes back positive when it is tested. Mr. Boeckmann
stated that he had contacted both present and past prosecutors, and they could
not recall a case where the test had come back negative, nor could a Highway
Patrol employee who has performed this testing for 24 years.
B50-03 was given third reading with the vote recorded as follows:
VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT:
COFFMAN, HUTTON. Bill declared enacted, reading as follows:
CONSENT AGENDA
The following bills were given second reading and the resolutions
were read by the Clerk.
B37-03 Approving the final plat of
Thessalia Subdivision, Plat 6.
B38-03 Approving the final plat of Grace
Bible Subdivision, a replat of part of Stephens First Addition and Tandy's
Subdivision.
B39-03 Approving the final plat of Oak
Forest, Plat 8.
B40-03 Approving the final plat of Manor
Ridge Subdivision, Plat 1.
B44-03 Vacating a sewer easement located
south of the Cascades Subdivision.
B46-03 Accepting a deed of dedication
for water main purposes.
B48-03 Appropriating funds for personnel
expenses in the Department of Economic Development.
R26-03 Setting a public hearing: sale
of surplus land located in Indian Hills Subdivision.
R36-03 Setting a public hearing: special
assessments against property in the Grasslands Addition to pay part of the
cost of acquiring open space and park land.
R37-03 Setting a public hearing: voluntary
annexation of property located on the west side of State Route 763, approximately
1,000 feet south of Brown School Road.
R38-03 Setting a public hearing: concerning
landscaping at the parking lot located at the northeast corner of Tenth and
Elm Streets.
R39-03 Setting a public hearing: water
main construction serving Timberlane Subdivision, Plat 5.
R40-03 Setting a public hearing: acquisition
of land at the intersection of Hillsdale Road and I-70 Drive Southeast for
construction of a water utility pump station and reservoir.
R41-03 Authorizing an agreement with
the Missouri Department of health and Senior Services for smallpox immunization
services.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON,
JANKU, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN, HUTTON. Bills declared
enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
None.
The following bills were introduced by the Mayor unless otherwise indicated, and all were given first reading:
B49-03 Authorizing the sale of surplus
land located in Indian Hills Subdivision.
B51-03 Amending Chapter 2 of the Code
relating to the Substance Abuse Advisory Commission.
B52-03 Amending Chapter 15 of the City
Code as it relates to associate municipal judges.
B53-03 Amending Chapter 16 of the City
Code relating to false identification.
B54-03 Levying special assessments against
property in the Grasslands Addition to pay part of the cost of acquiring
open space and park land.
B55-03 Voluntary annexation of property
located east of Creasy Springs Road and north of the present city limits;
establishing permanent R-1 zoning.
B56-03 Approving the final plat of Cambridge
Place Subdivision, Block 3.
B57-03 Rezoning property located generally
north of Brown School Road extended and east of State Route 763.
B58-03 Rezoning property located on
the southwest corner of Locust Street and Waugh Street from R-3 to C-P.
B59-03 Approving the Auburn Hills 5
PUD Site Plan.
B60-03 Approving the Limerick Lakes
East PUD Site Plan.
B61-03 Granting a variance to Section
25-48 of the Subdivision Regulations regarding sidewalk construction along
the south side of Thompson Road, adjacent to Lot 58 of Garden City Subdivision,
Plat 9.
B62-03 Vacation of drainage easements
located within Oakland Hill Subdivision.
B63-03 Calling for bids for the installation
of landscaping at the parking lot located at the northeast corner of Tenth
and Elm Streets.
B64-03 Designating the City as recipient
for FTA and MoDOT transit grants.
B65-03 Authorizing construction of water
main serving Timberlane Subdivision, Plat 5; authorizing payment of differential
costs.
B66-03 Accepting a deed of dedication;
authorizing payment of differential costs; approving the engineer's final
report for water main serving Vanderveen Crossing, Plat 8.
B67-03 Accepting a deed of dedication;
authorizing payment of differential costs; approving the engineer's final
report for water main serving Smithton Ridge, Plat 2.
B68-03 Accepting conveyances for utility
purposes.
B69-03 Appropriating funds for emergency
repair to Boiler #6 at the Municipal Power Plant.
B70-03 Authorizing acquisition of land
at the intersection of Hillsdale Road and I-70 Drive Southeast for construction
of a water utility pump station and reservoir.
B71-03 Confirming the contract of Sterling
Excavation, Inc. for construction of water main along the south side of Brown
School Road from Highway 763 to Clearview Road.
B72-03 Amending the capital projects
portion of the FY 2003 Annual Budget to change an electric utility project
from "Underground Feeder to McBaine" to "Backup Generators for McBaine."
B73-03 Appropriating Water and Electric
Revenue Bond funds.
REPORTS AND PETITIONS
(A) Intra-departmental Transfer of Funds.
Report accepted.
(B) Show-Me State Games Request for
the Use of the ARC.
Mr. Beck explained that this request had been withdrawn.
(C) FEMA Funds to the City of Independence
for Undergrounding.
Mr. Janku thanked the staff for their quick response and said
he thought it ironic that the funds are only available after a problem has occurred,
not ahead of time so one could take measures to correct a potential problem.
The fact that funds are made available for this use, he felt indicated some wisdom
in undergrounding. Mr. Janku supported the City continuing to be pro-active in
regard to this issue.
(D) Metro Greenbelt/Trail Plan Implementation.
Mr. Beck noted that the Council had adopted a plan earlier,
and he thought it equally significant to be able to develop a program to implement
the plan.
Mr. John said he would like a better understanding of the
strategies before asking the staff to come back with something.
Mayor Hindman suggested that the topic be scheduled for a
work session.
(E) Churches of Columbia - Parking
Lot Problem.
Mr. Beck pointed out that Sacred Heart Church has been processing
a rezoning issue through the Planning and Zoning Commission.
To the extent there are other churches experiencing the same
problem, Mr. Janku thought the City should attempt to address the situation.
He said it would be helpful to know how many churches are affected. He did not
favor a general amendment allowing churches to operate commercial parking lots
anywhere in the community. Mr. Janku related that churches have broad leeway
as to where they can locate, but to say they can operate a commercial business
may not be consistent in an R-1 zone.
Mr. John pointed out that a parking lot in a residential neighborhood
is probably not going to generate much income, but if the spaces are needed for
church services and functions, it would be beneficial for the City to develop
a system whereby these spaces could be used more efficiently and effectively.
Mr. Janku suggested addressing the churches that have been
operating this way first and then focus on the larger problem.
Mr. John said if the Council is going to review the issue,
that might stay further enforcement for the time being. Mayor Hindman asked if
the uses were grandfathered. Mr. Boeckmann thought it had always been prohibited,
so it is an unlawful use.
Mr. Loveless asked how the Council could deal with the immediacy
of the problem with the First Baptist Church. Mr. Boeckmann said there are two
problems; the Baptist Church and Sacred Heart. Mr. Loveless understood Sacred
Heart has a process in motion to bring themselves into conformance. Mr. Boeckmann
said he was guessing they would just as soon not follow through on it if they
would be allowed to continue renting spaces without going through the process.
Mr. Beck thought the deadlines had been set administratively. Mr. Boeckmann replied
that they had. Mr. Patterson said the effort had been to allow plenty of time
for the church to go through a zoning process if they chose to, and not put them
in violation before they had an opportunity to correct their zoning. If there
is a request to extend it, he said that could be granted administratively.
Mr. Boeckmann understood the Council to be saying they wanted
staff to look into this issue and possibly allow the churches to continue renting
their parking spaces. Mr. Patterson said if that is the case, staff will take
that as direction to extend the situation until such time as the Council took
action.
Mayor Hindman made the motion that staff be directed to report
back on the issue of co-use of church parking lots. The motion was seconded by
Mr. John and approved unanimously by voice vote.
BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council, the ensuing
individuals were appointed to the following Commission, Board and Council:
HUMAN RIGHTS COMMISSION
Blum, Michael W., 1701 Cliff Drive, Ward 6 - term to expire 3/1/06
Snell, Valeta M., 4114 N. Eldorado Court, Ward 2 - term to expire 3/1/06
BOARD OF MECHANICAL EXAMINERS
Kidwell, Dennis L., 1105 Bob-O-Link - Ward 6
UNIVERSITY EXTENSION COUNCIL OF BOONE COUNTY
Scruggs, Marie M., 1913 Vassar, Ward 4 - term to expire 3/1/05
COMMENTS BY COUNCIL, STAFF AND PUBLIC
Mr. Janku thanked the Water and Light Department for the updates
they have been providing to the Council on various projects. He was hopeful other
departments could also provide those types of reports from time to time.
Mr. Janku noted the Council received a report on the Housing Trust Fund the City of Austin had established. He asked that it be passed onto the task force that is looking at affordable housing in Columbia.
Mayor Hindman had received a complaint about traffic backing up at the intersection of Bethel and Southampton. He noted that a stop light had been requested. Mayor Hindman asked the staff to look into the issue.
Regarding the earlier discussion about the Community
Nursery School on Hinkson, Mayor Hindman asked if that was something the
Council should look into changing. Mr. John said the problem affects properties
zoned above an R-1 or R-2. No matter how long the property has been used
in a certain way, without any affect on its boundaries, when any improvements
are made it triggers a replat. He noted the tract cannot just be surveyed,
it has to go through the entire platting process. He related the steps to
do that can take a lot of time and money and there is no guarantee the request
will be approved. Mr. John suggested a mechanism for replatting a tract administratively
after being surveyed so staff could certify it as a legal lot. He said this
would allow properties in older parts of town to be reused without having
to go through a lot of extra process.
Mayor Hindman made the motion that staff report back with
suggestions on addressing the issue of older lots being certified as legal lots.
The motion was seconded by Mr. John and approved unanimously by voice vote.
Mayor Hindman reported that he received a letter from
the Downtown Columbia Association in regard to demolition of downtown buildings
for the construction of parking lots. He said the group asked that the Council
consider adopting some rules in regard to the review of such permits, at
least in the downtown area.
Mayor Hindman made the motion that staff report back on the
process and what might be done. The motion was seconded by Mr. Janku and approved
unanimously by voice vote.
The meeting adjourned at 9:15 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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