INTRODUCTORY
The City Council of the City
of Columbia Missouri, met for a regular meeting at 7:00 p.m., on Monday,
November 3, 1997, in the Council Chamber of the City of Columbia, Missouri. The
roll was taken with the following results: Council Members HINDMAN,
COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, and COFFMAN 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 October 20, 1997, were approved unanimously by voice vote on a
motion made by Mr. Janku and a second by Mr. Campbell.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING
CONSENT AGENDA
Upon his request, Mr. Janku
made the motion that Mr. Kruse be allowed to abstain from voting on B311-97. The
motion was seconded by Mr. Campbell and approved unanimously by voice vote.
The agenda, including the
Consent Agenda, was approved unanimously by voice vote on a motion made by
Ms. Coble and a second by Mr. Campbell.
SPECIAL ITEMS
1. Presentation
of Distinguished Fellow Award - Richard Green, Director of Parks and Recreation.
Mayor Hindman explained that
Mr. Green had been awarded the Distinguished Fellow Award from the National
Parks and Recreation Association. He noted that this is an extreme
honor as it is the highest award given by the Association. Mayor Hindman
called Mr. Green to the podium and summarized remarks from the Association's
bulletin. He said under Mr. Green's leadership, the City of Columbia
Parks and Recreation program has truly been outstanding. Mr. Green
responded it is always special to be honored by one's peers, but the award
was only made possible by the maximum support from the City Manager, City
staff, City Council, and the great citizens of Columbia that make this city
a wonderful place to live and and work.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B300-97 Rezoning
property from C-3 to M-C, property located on the southeast corner of Vandiver
Drive
and Westfall Drive.
The bill was given second
reading by the Clerk.
Mr. Beck noted that this
request had been unanimously recommended for approval by the staff and the
Planning and Zoning Commission.
Mr. Janku commented that
he had received a phone call from a nearby property owner who had expressed
some concern regarding the rezoning. Mr. Janku asked the staff to address
the landscaping requirements. Mr. Hancock replied that M-C zoning is
designated as a light industrial district and, as such, requires landscaping
of any outside storage. This zoning is often recommended, as opposed
to C-3, because it is less intensive and commercial uses do not pyramid
to it. Mr. Hancock reported there is a rather tight list of uses that
are allowed, and screening is a requirement.
Mayor Hindman opened the
public hearing.
Greg Patterson, 449 W. 62nd
Terrace, Kansas City, explained that he is a managing member of Grandland
Development, the developer and contract purchaser of this property owned
by the Westfall family. He explained that this company has worked on
four of these projects for Metz Baking Company, a family-owned company based
in Chicago and Sioux City. This business has been serving the area
out of Sedalia, but growth has required expansion. Mr. Patterson said
a warehouse is currently operating in Millersburg, which is handling some
of the overflow.
Mr. Patterson said the business'
use would be most comparable to a bakery, but it is not enumerated. He
explained that the products are baked in Omaha, Nebraska and transported
for delivery into a facility where the trucks are parked. From there,
the products are delivered to a retail outlet or restaurant. He said
there is no warehousing as such because freshness is critical. The
day-old bread products are brought back and sold at retail in the store,
which is an accessory to the use.
Mayor Hindman closed the
public hearing.
B300-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B301-97 Establishing
permanent zoning on property located generally west of Scott Boulevard
and
north of the MKT Parkway.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
land had recently been annexed into the City. He noted that the largest
part of the property is City-owned, and this is where the wastewater plant
is located. The zoning had been recommended for approval by the staff,
and by the Planning and Zoning Commission on a 7-2 vote. He explained
that Tract A (the larger tract) is owned by the City, and Tract B is owned
by a private party.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B301-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B302-97 Establishing
permanent zoning on property located on the west side of Scott Boulevard
across
from Grant Lane.
The bill was given second
reading by the Clerk.
Mr. Beck reported that approval
of the zoning had been recommended by the staff and the Planning and Zoning
Commission.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B302-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B303-97 Establishing
permanent zoning on property located west of the King's Meadow
Subdivision.
The bill was given second
reading by the Clerk.
Mr. Beck commented that this
approximate five acre tract of land is located in west central Columbia. It
had been recommended for approval by both the Planning staff and the Commission.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B303-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B304-97 Establishing
permanent zoning on the property located generally north and west of
King's
Meadow Subdivision.
The bill was given second
reading by the Clerk.
Mr. Beck noted that this
tract is also located in west central Columbia and it contains 156 acres. R-1
zoning was being recommended by both the Planning staff and the Planning
and Zoning Commission.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B304-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
(A) Installation
of traffic signals at the intersection of 10th and Rogers.
Item A was read by the Clerk.
Mayor Hindman noted that
Columbia College had requested a continuance of this item as they consider
alternate plans.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
Ms. Coble made the motion
that Item A be tabled to the November 17, 1997, meeting. The motion
was seconded by Mr. Janku and approved unanimously by voice vote.
It was noted that the public
hearing would be continued to the next meeting.
OLD BUSINESS
B250-97 Authorizing
City Manager to execute an annexation agreement with Menu Maker Foods,
Inc.
The bill was read by the
Clerk.
Mr. Beck said the property
owner had initially requested a preannexation agreement for one tract of
land. Since that time, three or four more lots might be added to the
original tract. The owner is also in the process of obtaining a permit
from the County to build a single family residence with a treatment facility
to serve this particular piece of property. In discussions with Mr.
Boeckmann, the property owner does not want to include all the lots in the
pre-annexation agreement. The owner only wanted to proceed with the
one lot at this point in time.
Mr. Beck said staff was recommending
that the ordinance be defeated. He said the owner understood this and
concurred with the recommendation.
B250-97 was read by the Clerk
with the vote recorded as follows: VOTING YES: NO ONE. VOTING
NO: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. Bill
defeated.
B298-97 Approving
the final plat of Oak Forest Subdivision, Block V-C, a major subdivision.
The bill was given second
reading by the Clerk.
Mr. Beck commented that this
property is a little less than an acre in size and it did not require Planning
and Zoning Commission approval. However, the lot layout plan confirms
and was done in accordance with the preliminary plat approved by the Council.
Mr. Campbell noted that the
applicant was working with the staff on a means to limit access to Nifong. He
asked if there had been any progress made. Mr. Hancock said that was
the reason why this item was placed under Old Business. He said everyone
was working together to gain some joint access up and down AC. Mr.
Hancock thought it was proceeding smoothly and some sort of access management
could be obtained along the route. Mr. Hancock reported both sides
of the property are being considered for joint access agreements.
Mr. Campbell said this is
all part of the planning that is occurring along the junction of Nifong,
Providence, and Route AC. He hoped there would be a close look taken
concerning other access points that may be needed for the property in this
general area. Mr. Campbell knew the state was trying to restrict access
to Nifong, and how this would affect Buttonwood and possible development
of other streets is a minor issue, but it should be made part of a larger
pattern of traffic flow in the general area.
The Council agreed this should
be part of the larger planning process.
B298-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B305-97 Vacating
street right-of-way for Rockhill Road; variance to subdivision regulations
and
accepting
conveyance.
The bill was given second
reading by the Clerk.
Mr. Beck said this request
had been recommended for approval by the staff and the Commission. He
said a separate water line easement had been required.
Mayor Hindman said it looked
like a street should go through, but he understood the terrain was very rough. He
asked about preserving an opportunity for pedestrian access through the area. Mayor
Hindman reported the Council could allow the vacation of the street, but
reserve an easement for pedestrian access.
Ms. Coble explained the area
in question is essentially a large, steep hill at the back of two houses. She
said a street would have to go straight up in the air and over a cliff to
get to the top of the hill.
Mr. Coffman said he had received
a few calls from people concerned that something might be built in the area,
and asked about the zoning. Mr. Hancock believed the zoning is primarily
R-1, with some R-2 and R-3 mixed in. He said normally under these circumstances,
the property would be divided up amongst the adjoining lot. Mr. Coffman
said, in that case, he saw nothing that would indicate construction would
occur at this location.
Mayor Hindman said he liked
the idea of reserving the pedestrian access, but if it was impractical there
was not much point.
Ms. Coble said the land owners
of record who are granting the easement are individuals known to the Council,
and also known to support such endeavors. She said these individuals
could be contacted to determine their support. Ms. Coble said the Council
could pass this ordinance tonight, and then readdress the issue if the easement
is granted.
B305-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B309-97 Authorizing
agreement with State of Missouri for grant funds for improvements to
Worley
Street
Neighborhood Park; appropriating the funds.
The bill was given second
reading by the Clerk.
Mr. Beck explained that the
City received a tire grant in the amount of $5,000 and it did not require
a local match. He said Mr. Green was planning on using the grant for
playground surfacing at the Worley Street Park. He explained that the
money comes from the tipping fee sent to DNR from the City's landfill.
Related to recycling of tires,
Mr. Beck explained that there would be a recycling center for tires set-up
in Columbia, without cost, at the County Public Works Garage. It is
anticipated that in eight counties, 90,000 tires will be collected. Mr.
Campbell commented that many tires are now being recycled which used to go
into the landfill.
Ms. Coble appreciated that
this program will benefit one of the neighborhood parks in the first ward.
B309-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Bill
declared enacted, reading as follows:
B311-97 Amending
Chapter 20 of the City Code to add the Director of Public Works to
the Planning
and
Zoning Commission.
The bill was given second
reading by the Clerk.
Mr. Beck explained that the
Council had asked the staff to draft an ordinance which would allow the Director
of Public Works to serve on the Planning and Zoning Commission. He
said many years ago a Council person, the City Manager, and the Public Works
Director were appointed to the Planning and Zoning Commission. Mr.
Beck reported this section in the Charter had been amended so that changes
in the appointments made to the Commission are now done by Council ordinance,
rather than by Charter amendments.
Mr. Beck said consideration
of the issue tonight is the result of some changes in the state legislation
which affects how cities can deal with the regulation and control of billboards. He
pointed out that there are many cities in the state that have the Director
of Public Works on the Planning and Zoning Commission.
Mr. Janku thought there also
had been a change in federal law, not just state law, that could allow billboards
on additional roadways in Columbia. Basically, this is a technical
change that affects Stadium and Providence. Mr. Janku reported without
a change to the ordinance, the City would lose control over billboards.
Mr. Campbell asked if the
ordinance could be amended by not allowing the Director to vote on an issue
that would be perceived as a conflict of interest. For example, this
individual cannot make a recommendation to the Commission and then also be
allowed to vote on it at the Commission level. Mr. Boeckmann said the
Council could probably make some amendments, but in the situation just described,
he did not feel that would be a conflict of interest. He said it would
simply be someone making a recommendation to the Commission, and then sitting
on the Commission and recommending the same thing to the City Council. Mr.
Boeckmann said usually when one thinks of a conflict of interest, it has
more to do with financial conflicts. Mr. Campbell asked how that could
be worded. Mr. Boeckmann asked if he was referring to a situation in
which the Public Works Department has made a recommendation. Mr. Campbell
said that was correct. Mr. Boeckmann said Public Works makes recommendations
on just about every plat, i.e., whether or not roads are in compliance. Mr.
Hancock also reported that Public Works provides input on every item that
goes before the Commission or Council that is processed according to Subdivision
Regulations. Mr. Campbell said he was thinking about the concern on
the part of the public that an applicant would be getting two strikes; one
when the Director makes a recommendation, and the second when this individual
votes at the Commission level.
Mayor Hindman suggested recording
the vote of the Public Works Director separately. He said it was only
a recommendation and would allow the Council to determine the citizen's vote
totally independent of the vote made by the Public Works Director.
Mr. Coffman asked if the
ordinance would need to be amended to do that. Mr. Boeckmann said he
did not think that was necessary. Mr. Coffman supported the idea.
Mayor Hindman said in addition,
this person could be made to vote last. This would ensure the citizen's
vote was decided before the vote of the Public Works Director. Mr.
Boeckmann said that could be done by the Commission, or the ordinance could
be amended.
Mrs. Crockett asked how often
billboard issues came before the Planning and Zoning Commission. Mr.
Hancock said this occurs only when the Commission is considering amendments
to the Sign Regulations. He thought the last such instance may have
occurred a couple of years ago. He said there could also be a planned
commercial district where the Commission wants to prohibit a billboard or
a sign. He could not think of any other examples. Mrs. Crockett
said the Council would be appointing a paid staff member to a citizen's advisory
board where it was likely this individual would have very few of the previously
described issues to consider, but would still be allowed to vote on all matters.
Mr. Janku said he was sure
the Public Works Director was not looking forward to it. Mr. Beck said
nobody from the staff was campaigning to be put on the Commission.
Mr. Janku asked in what cases
the Commission would have final approval. Mr. Hancock said the Planning
and Zoning Commission has final approval on minor revisions to planned districts.
Norman Lenhardt, 1118 St.
Christopher, a member of the Environment and Energy Commission, asked what
could be accomplished with this person appointed to the Planning and Zoning
Commission that could not be done otherwise. He said people could only
be loaded down so much in addition to their regular duties, and wondered
what would be gained.
Ms. Coble said Columbia would
be in compliance with a recently passed state law which permits authority
to regulate billboards that might be proposed for state roads that traverse
our city. Mr. Lenhardt asked if this input could just be given in the
form of a written report. Ms. Coble explained that the state law says
this individual must be appointed to the Planning and Zoning Commission,
or the City would have no ability to regulate billboards. Mr. Lenhardt
said if the state law dictates this person must be appointed, then the Council
should just do it.
Mr. Campbell asked if he
understood that it would not be necessary to amend the ordinance for the
Council to stipulate that the Director's vote be recorded separately, and
the Council could suggest that the staff member should vote last. Mr.
Boeckmann said that was correct, and neither of those stipulations would
require amending the ordinance.
Mayor Hindman asked how the
Council could ensure that would be done. Mr. Hancock suggested making
it clear to the Commission by having them amend the by-laws.
Mr. Campbell said this was
not a very desirable choice to make, but with the stipulations, he could
vote for it.
Mr. Coffman said he also
saw this as an awkward choice, but considering the Director would only be
one of ten votes and would be clearly designated as such in the advisory
recommendation given to the Council, he thought that vote could be considered
for what it was worth. He was hopeful this would only be a temporary
situation, and that the initiative petition to give more local control over
billboards would pass shortly.
Mayor Hindman was concerned
about the Commission having final vote. He said the Council likes to
have a citizen's vote on those issues and asked if there was any way this
could be dealt with. Mr. Boeckmann said an attempt could be made to
restrict the Director's vote to only those instances in which it is advisory
to the Council. He thought it probably would never make any difference
and wondered if anything would be gained by doing that. Mayor Hindman
said voting last may be sufficient to handle his concern.
Ms. Coble said she would
like the record to be clarified because in some of the publicity in discussions
throughout the community about this issue, it sometimes was characterized
as not being reflective of the majority of the Council's will to have a say
on billboards being added to the City. She thought that was a sentiment
shared by most of the Council -- the City should have control over any billboards
proposed along Providence, Stadium, or College. She said another point
was the language being used in this discussion and in the media regarding
citizens being viewed as somehow different from City staff. She said
City staff are also citizens of this community and they have the technical
expertise. Ms. Coble said she had no fears that a citizen's advisory
board would be in any way compromised by the participation of one voting
member, who also happens to be a staff member with exceptional expertise
in the matters at hand.
Ms. Crockett said as far
as she knew, this amendment had not even been discussed with the Planning
and Zoning Commission to gauge how they felt about the Council putting a
paid staff member on their board. She said if the Director has a very
strong feeling about a preliminary plat, or whatever, she was sure the Commission's
vote could be persuaded. She saw that as a conflict of interest. Mrs.
Crockett felt it would not be too much longer before the issue would be taken
care of at the state level.
B311-97 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CAMPBELL, COFFMAN. VOTING NO: CROCKETT. ABSTAINING: KRUSE. Bill
declared enacted, reading as follows:
R132-97 Approving
the preliminary plat of Stoneridge Estates Phase 1, and granting variances.
The resolution was read by
the Clerk.
Mr. Beck explained that this
item had been tabled from a previous meeting. He understood a revised
plat had been brought in and said that Mr. Hancock had prepared a memo based
on the most recent revisions. Mr. Beck asked Mr. Hancock to explain
the amendments.
Mr. Hancock reported that
this preliminary plat was currently comprised of 57 lots. The Planning
and Zoning Commission had considered a preliminary plat of this property
last summer, and had recommended approval of the plat as drawn, along with
the variances to street names and the maximum cul-de-sac length. He
said the original plat had designated Woodcrest as being approximately 900
feet in length, with the resolution stipulating 750 feet. All of the
provisions of the cul-de-sac length resolution were met, with the exception
there were no pedestrian connections shown at the end of the cul-de-sacs
running north off the property. The second issue concerned the street
names. JCIC opposed the names Woodcrest and Woodvale because it was
felt they would be confused with many other streets in the community beginning
with "Wood". In addition, Mr. Hancock reported the residents of the
subdivision to the east do not want the subdivision connected with Dayspring
Drive. He said the Commission's recommendation includes approval of
the plat with the provision that the subdivision not be connected to Dayspring
Drive until another connection is established somewhere in the vicinity of
Scott Boulevard, and that the variances be approved.
Mr. Hancock stated the staff's
primary opposition to this plat centered around the extension of Louisville
Drive. Louisville Drive, as shown on the Major Thoroughfare Plan, is
a collector street which provides circulation to the west of Scott Boulevard
in that particular area. Staff felt the need for collector circulation
was fairly obvious, and believed the Major Thoroughfare Plan needed to be
followed as much as possible. This provides guidance on decisions relative
to the City's most important transportation means -- that being private vehicles
and pedestrians in transit in the community.
Following the Commission
action, Mr. Hancock said the plat was scheduled for Council consideration. He
said the Public Works Department prepared an extensive memo on the alignment
issues of Louisville Drive. He said the staff had provided three scenarios
where Louisville Drive could be located on the particular tract in question. It
was suggested that if a straight alignment was not acceptable and could not
work in this case, that offsets be pursued as a way to continue the collector
street system in the area.
Mr. Hancock displayed a proposal
on the overhead and said the Council had also been provided with copies of
it. He explained that his October 30th memo to the Council summarized
some of the differences between the original proposal and the one the subdivider
wants considered this evening. He noted that the Louisville alignment
had been removed and replaced by a new collector street alignment, in essence
Louisville. He said the future Louisville is shown at the bottom of
the plat. Stone Valley Parkway was, in essence, Louisville with an
offset. It is hoped that one day it will connect with West Broadway. Mr.
Hancock reported Stone Valley would connect to the south with Windmere, which
goes into The Hamlet and would provide a good four-way intersection. This
street is shown as a half width right-of-way north of Woodvale. Should
the street be constructed under this proposal, he said it would likely be
constructed by the City and we would have to acquire the other half width
right-of-way from the Church. If homes are built in that area someday,
the street would more than likely be a surprise to everybody and it could
be difficult to construct.
Mr. Hancock reported that
the connection to Dayspring and King's Meadow had been removed. He
said the plat shows only one access into the now 57 lot subdivision. He
noted that the staff remains opposed to the lack of connection to the overall
street system in the area, and the distance (about one-half mile) from Smith
Drive to the end of the cul-de-sac. He said if the connection to Dayspring
is not acceptable and opposed by the neighbors, then connecting Woodvale
to Smith Drive should be required. He explained that there have been
private pedestrian easements shown extending north of Woodvale and Woodcrest
and added that he did not know if they were acceptable to the Council.
Mr. Hancock noted that the
street names were still a problem for JCIC and, in addition, there is now
Stone Valley Parkway which is also opposed because of other streets in town
beginning with "Stone". He said it was felt that the maintenance of
the median in Stone Valley Parkway could be a problem. He explained
that Public Works wants it accepted for the right-of-way so that the City
does not have to maintain it. He said breaks in the median should be
planned for future intersecting streets in the area. Mr. Hancock
pointed to Lot 159 and noted that it is labeled a greenspace buffer -- to
buffer the lots from the street right-of-way. He said that Public Works
was concerned that it would confuse future tax billing efforts for the construction
of Stone Valley. Staff would probably want to see non-access easements
indicated on the final plat for those lots that back onto the future Stone
Valley Parkway. Although the memo to the Council recommends disapproval
of this preliminary plat, Mr. Hancock pointed out that the developers had
gone a long way toward accommodating alignment and roadway concerns within
their ability.
Mr. Janku asked about the
future construction of streets and whether it would be at the City's expense. Mr.
Hancock said from looking at the plat, there is adequate right-of-way to
build the collector street (66 feet of right-of-way) on the north side of
Lot 143. He said the street would be built according to the City's
construction policies for cost sharing of boundary streets. He pointed
out where the City has only half width right-of-way, from the north edge
of Lot 143 to the north boundary of the preliminary plat. In order
to have the collector street width, it will be necessary to obtain another
33 feet from Christian Fellowship Church. As proposed, the alignment
does not lie fully on their property and, therefore, right-of-way dedication
would not come fully from Stoneridge Estates. He said if the City wanted
the street put in, we would have to rely on one of two things; the property
subdividing thus gaining right-of-way through dedication, or the City acquiring
the right-of-way and building the road. Mr. Janku said normally the
developer pays for these costs. Mr. Hancock explained that the road
would be a boundary collector street, so there are some differences in terms
of width and thickness to where the City participates. He presumed
there would still be tax billing following acquisition to build the street. Mr.
Hancock explained that he was referring to the right-of-way acquisition being
an additional cost, or would have to occur prior to the City putting in the
street. Mr. Janku asked whether the Church and the adjoining home owners
would be tax billed. Mr. Hancock said whomever owns Lot 159 would be
tax billed. He referred tax billing questions to Public Works.
Mayor Hindman asked if the
Church was on Lot 159. Mr. Hancock said it was not. He explained
that the church lies on the west side of the proposed road. Mayor Hindman
said it would not be worth the tax bill. Mr. Campbell pointed out the
500 foot maximum.
Don Stohldrier, the developer,
responded to the staff's concerns. Regarding the connection between
Smith Drive and the future extension of West Broadway, he sensed the Council's
concern was the half right-of-way that will need to be obtained from the
Christian Fellowship Church. Mr. Stohldrier felt he had done everything
he could possibly do -- agreed to build 1,300 feet of collector street they
have no need for, given 1,300 feet of the Parkway, and given the half width
for that section of street to be built. This is not felt to be a burden
for the Church, and this issue had been discussed with them. The Church
had said they would not oppose giving the right-of-way for the street to
go through, as long as they would have access to it when it is built.
Regarding the plat having
only one means of ingress and egress, Mr. Stohldrier said the subdivision
is stubbed to adjacent property and there are other stub streets planned
when the additional cul-de-sac is constructed. He said there will be
a second entrance to the subdivision. He said as long as a stub is
established to the adjacent property, that constitutes a second entrance
will be built at some point.
Mr. Stohldrier said he would
still like to retain the street names of Woodvale and Woodcrest and, at some
point in time, street names are going to start sounding a lot alike. He
did not see it as a problem and added that Planning and Zoning seemed to
agree.
Mr. Stohldrier reported the
requested pedestrian easements had been included, but they will oppose any
kind of a public pedestrian easement. The purpose of the easements
is to allow residents to have access to greenspace and trails, this is not
to be inclusive for the public. It was perceived the best way to do
this is through private easements, and it was understood the City did not
want to have that land dedicated to them.
Mr. Stohldrier addressed
the next concern, which was the potential connection of Woodvale Drive to
Smith. He indicated it would be preferable to have the cul-de-sac because
he felt it would make for much more desirable lots and people seem to like
cul-de-sacs. He said if the street was brought out to Smith Drive,
that would relieve any need to build the parkway. He said there was
no need to build the 1,300 feet of parkway to get to that entrance if residents
would be going out the other way.
Mr. Stohldrier said the maintenance
concern regarding the island had been discussed. It was agreed that
the median should not be part of the right-of-way. This issue would
be handled like a typical island one would have at the entrance of a subdivision
in which the homeowners association would maintain it. An agreement
is being developed between the three pieces of property that would maintain
it.
Mr. Stohldrier reported the
reason construction is shown to stop on Stone Valley Parkway at Lot 143 is
because there is about a 20 foot fill there, and substantial dirt work would
have to be done at that location. Mr. Stohldrier said easements or
right-of-way had not been obtained, and it was next to impossible to build
a street out to a point and stop it. The proposal is to stop the road
at a reasonable point where the terrain would allow construction, and then
complete it when the rest of the extension is built.
Mr. Stohldrier explained
that the two lots that were shown to be without sanitary sewer had just been
an omission. He said this had been a computer error and a sewer is
certainly intended. He said tree preservation would be addressed on
the final plat. Regarding the concern on Lot 159, Mr. Stohldrier reported
a lot had been created at this location so as to have control of the easement. The
purpose is to maintain the 30 foot greenspace with trees as a buffer. The
homeowners association would own the lot and have total control over the
area.
Mr. Campbell asked if Mr.
Stohldrier would object to Lot 159 being billed as though those lots extended
through. Mr. Stohldrier said he would not oppose it; however, it would
not be his preference. He preferred that it not be billed because of
all the up-front costs they will be absorbing.
Mr. Janku asked if there
were bicycle lanes and sidewalks down both sides of the parkway. Mr.
Gebhardt, an engineer, said there were bicycle lanes and sidewalks on both
sides. He said it would consist of typical construction with a median
in the middle.
Mrs. Crockett asked if the
stub street that comes out to Smith Drive was in Plat 2. Mr. Stohldrier
said it was. Mrs. Crockett asked if he would be opposed to leaving
Lots 101, 102, 103, and 157 open until Plat 2 was built so the street could
come out to Smith Drive in case it was never constructed. Mr. Stohldrier
said he would be opposed because these are very marketable lots and he would
like to have them available for sale. He informed the Council that
he could not afford to purchase a $300,000 piece of land with no intentions
of developing it because he did not want to construct a stub street to it. Mrs.
Crockett said she had meant if something happened that caused him to not
be able to develop Plat 2. Mr. Stohldrier said if he did not follow
through for some reason, the next developer would carry on with it. He
said the City would require a stub when the land is developed. Mrs.
Crockett asked if the development contained 59 lots. Mr. Gebhardt said
it was really 57 lots as two are designated as common area. He also
explained there is an ordinance that allows 100 lots to be accessed off of
one entrance. He said this development is at 57% of that, which placed
them well below the requirements. As far as it being one-half mile
in to the furthest point, Mr. Gebhardt said an example of that would be Bluff
Creek Estates. He said there is one entrance into the residential portion,
and there will not be a second entrance until a bridge is built across Grindstone. He
did not think this would be a bad situation.
Mr. Janku asked if there
are any plans to purchase the property where the Broadway extension is planned. Mr.
Stohldrier said he had no plans to buy it at this point in time. He
added that it is owned by Joe Tosini and was basically flood plain greenspace
with no development value.
Scott Williams, Associate
Pastor with the Christian Fellowship Church, 101 Dayspring Drive, said they
had talked to the developer about the possibility of a street going in behind
the Church. At this time, he said the Church would not have a problem
with that as long as they were guaranteed access to the street. He
said the Church would also like to have some sense of what costs would be
assessed against them. Mr. Hancock said he did not know what present
day costs were. Mr. Janku suggested getting Mr. Williams some information. Mr.
Williams said they had no plans to develop the land, except possibly making
additions to the current building. He reported the Church is willing
to work with the developer, but would like to know what kind of monies would
be involved.
Tony Prater, 212 Dayspring
Drive, President of the King's Meadow Neighborhood Association, said their
concern with the preliminary plat had been the extension of Dayspring south
and, while this plat does not show that area, he said his understanding was
that a concept plan for the property due south of King's Meadow shows no
connection of Dayspring to the Tosini property. He said the Association
felt it would be desirable to keep Dayspring as a stub, as is currently,
so additional traffic would not be routed into the subdivision. In
that respect, Mr. Prater said this plat was superior to the earlier one.
Mr. Janku asked Mr. Prater
if he was familiar with what was planned for the land to the south. Mr.
Prater said he was shown something before the meeting and perhaps Mr. VanMatre
could describe it. He said what he had seen was very rough and it appeared
that Dayspring would remain the way it is now. The drawing was displayed
on the overhead and it showed the street as a cul-de-sac. Mr. Prater
said the Association would be satisfied keeping it the way it is presently.
Craig VanMatre, an attorney,
spoke on behalf of the owner and contract seller to Mr. Stohldrier. He
said the current plan and future proposals before the Council are the culmination
of many months of bargaining with various interested parties. He said
it may not represent the optimal solution in so far as City planning and
traffic flow is concerned, but from all of the interested aspects, it does
represent the best plan in terms of economics and what the neighbors want. He
said there is not a final plan at present, but shortly they will submit a
proposal for the area immediately to the east of the subject tract. He
said it is hoped this tract will be developed with higher density residential
and neighborhood commercial, but it had been decided to fight one battle
at a time. Mr. VanMatre said the owner wanted to get this property
closed and then hold discussions with the neighbors regarding the plans to
the east. One of the linchpins to the agreement was not to bring Dayspring
through, so this was one of the keys to having made the deal. Mr. VanMatre
said Stone Valley Parkway is seen as being a significant advantage for the
Church because it is presently accessed through just one road off of Scott
Boulevard. With Stone Valley Parkway connecting to West Broadway at
some point in the future, a new and superior access will be available to
the Church. They felt this would enhance the value of both the Church
property and the neighborhood property. He said there were three things
that would upset the deal: One was if Dayspring would have to go through;
another was if the Woodvale cul-de-sac had to come down and connect to Scott
Boulevard; and the last was moving Spring Valley.
Mayor Hindman asked what
would happen in the southeast corner. Mr. Stohldrier said it was currently
zoned for single family homes and, as far as he knew, that was the intent. He
said the homes would be a little bit smaller.
Mr. Campbell stated his concerns
had been addressed by all parties and presumed, regarding the median, that
the final plat would have a stipulation on it indicating that it would be
maintained by the homeowners association and not by the City. He said
both sides have tried to work with each other and they have largely succeeded. While
not a perfect development by any means, Mr. Campbell felt it was a workable
one. He urged passage with stipulations.
Mr. Janku said the plat was
better than it was before, but felt some of the issues needed to be finalized
first. He said the Church representatives also wanted some more information
before committing to anything. Mr. Janku still had some concerns he
was hoping could be addressed.
Mr. Campbell said there was
something else that should be stipulated on the final plat, and he felt many
of the issues could be addressed at that time. He thought the tax billing
on the lot mentioned earlier should be the same as though it belonged to
an abutting property owner. He did not think the City should treat
it as one long lot. Mr. Janku said he did not know if that could be
done on the final plat, or if a separate agreement would be in order.
As far as the median is concerned,
Mr. Gebhardt noted that many of the new subdivisions have entrance islands. He
said the current practice on plats was to accept the medians from the right-of-way
as a limited common area, which transfers to the homeowners association for
continual maintenance. He did not know of any entrance islands that
have been a problem. Mr. Janku said he knew of one that is a problem
and it has been suggested that it be paved over. Mr. Gebhardt said
all that was being proposed for this median is grass and trees, nothing elaborate
as far as landscaping. The only maintenance that should be required
is mowing. Regarding the tax billing, Mr. Gebhardt explained by ordinance
the only cost that could be billed would be curb and guttering. He
thought that cost currently may be $12 or $13 per foot. As the Church
has two platted properties, they would get billed twice for each of the 500
feet. This may total $12,000 to $13,000.
Mayor Hindman asked Mr. Gebhardt
what his understanding was of the private homeowner association pedestrian
easement. Mr. Gebhardt said that had been an attempt to reach a compromise. He
said it was understood there are a lot of people who want easements; however,
there are some who do not want pedestrian easements next to their home. It
was thought if the easements were private and controlled by the homeowner
association, it would limit the access of those who do not live in the subdivision. He
said the trail would be accessible by the neighborhood, and still give those
people who reside next to them a sense of security. Mayor Hindman asked
if it was their intention to put something through there for the neighborhood
to use. Mr. Gebhardt said it was. Mayor Hindman said the Woodvale
cul-de-sac seemed unusually long. Mr. Gebhardt said the only cul-de-sac
in violation of City Code was the center one and a variance had been requested. He
said Woodvale, because of the stub street of Elmwood, does not qualify as
an excess length. He said it may appear to be in violation because
of the initial street system that will be in place, but once a system has
been constructed, Elmwood will act as a second access for Woodvale. Mayor
Hindman wondered about the possibility of a private homeowners association
pedestrian easement down to Smith Drive from the end of Woodvale. Mr.
Stohldrier said that would be fine. Mayor Hindman said that would be
a major improvement. Mr. Gebhardt said this private pedestrian easement
could be shown on the final plat.
Mr. Coffman asked about the
street names. Mr. Gebhardt said Mr. Stohldrier said he would like to
have the names remain as had been submitted, but it would not be a make or
break issue. He said at some point the council will have to address
the "sound alike" problem.
Mr. Janku said the name he
was most concerned about was Woodcrest. He referred to Woodcrest Chapel
and said it was a well-known facility and fairly large in terms of traffic. He
thought that could create some degree of confusion.
Mr. Campbell thought the
Council should move ahead with the understanding that stipulations would
be placed on the final plat.
Mr. Janku said he was hesitant
to grant approval because a change might come in at the last minute and then
the Council will not have the time to give it proper consideration. He
was concerned about trying to correct problems further down the road. Mr.
Janku said in two weeks staff could properly outline stipulations that will
avoid any ambiguity. He said this is a significant development and
would set the tone for the whole area. He wanted to see some agreements
regarding who was going to do what, and whether or not these would appear
on the final plat. Mr. Janku wanted to see more of a commitment from
the Church regarding the cost of the tax billing, and their willingness to
dedicate the right-of-way.
Mrs. Crockett said if these
issues could be worked out tonight, the developer would not be delayed by
another two weeks. Mr. Janku felt the amendments are significant enough
that the Council should have the right to review and consider these without
feeling like they are under a tremendous deadline. Mr. Janku said the
process should be better than this and any amendments needed to be spelled
out. Mrs. Crockett asked Mr. Stohldrier if he felt issues that needed
to be addressed on the final plat had been spelled out clearly enough. Mr.
Stohldrier said he would think so.
It was decided that a break
would be taken in order for both sides to come up with a list that could
be agreed upon.
Mayor Hindman asked Mr. Hancock
to reiterate the major objections. He then asked Mr. Boeckmann to read
the proposed amendment. Mr. Boeckmann explained that it would be an
amendment to Section one of the resolution and would add the following language: "This
approval is given subject to the following additional conditions: 1. A private
pedestrian easement shall connect Woodvale Drive to Smith Drive; 2.
Lot 159 shall be divided into two lots of approximately 500 feet in length
each; 3. The islands in Stone Valley Parkway shall not be part of the
street right-of-way; 4. The names of Woodvale Drive and Woodcrest Court
shall be changed on the final plat."
Mr. Kruse said it had been
suggested that there would be some higher density residential and neighborhood
commercial adjacent to the Stone Valley Parkway. He asked whether there
would be access to those future developments from Stone Valley and, if not,
how it could be considered neighborhood. Mr. Hancock said this is the
first he had seen of that drawing and he did not know how access is planned
to the commercial, other than off of Scott Boulevard or Smith Drive. Mr.
Kruse said everything around it should have access to it and he wondered
if it would be possible to do that in the future. Mr. Hancock said
it would be a public street and he assumed access could be provided from
it.
Mr. Campbell made the motion
to amend R132-97 per the suggested language read by Mr. Boeckmann. The
motion was seconded by Mrs. Crockett.
Mr. Campbell said the issue
regarding Christian Fellowship Church had been discussed, but since the Church
is not part of the party that is making the application, Mr. Boeckmann
did not feel it legally appropriate to include anything regarding their plans. Mr.
Campbell said the Council heard a clear statement by the Church. Mr.
Janku said that was not a legally binding commitment on the Church's part. Mr.
Campbell said the Church had indicated a willingness to participate in giving
the half right-of-way. Mayor Hindman did not feel the Church agreed
to anything. Mr. Janku asked if the Council could, as a condition,
require more dedication from the developer if the Church does not agree to
it. Mr. Campbell thought that would be very difficult as development
could occur ten years in the future. He said then the property could
be owned by different individuals. Mr. Janku said that was the point.
Mr. Campbell said as long
as the City is getting the equivalent amount of tax bill, he felt this should
be encouraged. Mr. Janku asked if the staff felt the City would be
gaining the equivalent amount. Mr. Hancock said if the City was widening
the street and wanted street trees or landscaping, the Council would direct
Public Works to proceed with that design and acquire the right-of-way to
do it. He thought that was what had been done with Forum Boulevard. Mr.
Campbell said there was a similar circumstance regarding the Country Club's
development on Forum, which wraps around the entire development and this
land is used for greenspace.
Mayor Hindman said it appeared
the bulk of staff's objections have been met. The primary concern that
has not been met is the cul-de-sac issue. He said it was bothersome
because it would be a logical place to have an entrance. Mrs. Crockett
said there would be one on the final plat.
The motion to amend R132-97,
made by Mr. Campbell, seconded by Mrs. Crockett, was approved unanimously
by voice vote.
Mr. Campbell said the neighborhood
associations in the area are in support of this preliminary plat. He
said it was not perfect; however, there are desirable features he felt more
than outweighed some of the problems. He said extra money has been
committed in terms of a parkway, greenspace, and relatively large lots, and
Mr. Campbell felt it would be a great asset to the fourth ward.
Mr. Janku said as a matter
of process, he felt this could have been done better. Given the significance
of this development, he felt this was not a good precedent to set. Mr.
Janku said the Council had rushed decisions in the past and had made mistakes.
Mayor Hindman noted that
tree preservation was not on the list. Mr. Campbell said it had been
stated that this issue would be addressed on the final plat, and had been
included as a stipulation. Mayor Hindman asked what the difference
was between what had been testified to and what the City is requiring. Mr.
Campbell said it was normal on the final plat to have tree preservation addressed. Mayor
Hindman also noted that the sanitary sewer objection had been explained. Mayor
Hindman asked about Stone Valley Parkway extending to the north of Lot 143. Mr.
Campbell said the Council had been told that it was not topographically feasible.
The vote on R132-97, as amended,
was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT,
CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
CONSENT AGENDA
The following bills were
given second reading and the resolutions were read by the Clerk.
B294-97 Authorizing
an agreement with MO Department of Health for maternal and child health
services
and appropriating funds.
B295-97 Authorizing
an agreement with MO Department of Health for family planning services and
appropriating
funds.
B296-97 Approving
the final plat of Bluff Creek Office Park, Plat 5-C, a major subdivision.
B297-97 Approving
the final plat of Thessalia Subdivision, Plat 2, a major subdivision.
B299-97 Approving
a replat of Lot 86 of Country Club Villas III.
B306-97 Accepting
conveyances for water utility purposes.
B307-97 Accepting
conveyance for utility purposes at 6th and Cherry.
B308-97 Amending
Ordinance No. 015386 which approved the PUD Development Plan for the
Terebinths.
B310-97 Appropriating
funds for the purchase of a street sweeper.
R171-97 Setting
public hearing for construction of the Bear Creek Pedestrian and Bicycle
Trail,
Phase
II.
R172-97 Setting
public hearing concerning storm water drainage improvements in the Mill
Creek/Rockbridge
Subdivision area.
R173-97 Authorizing
an agreement with Columbia Public Schools to provide staff for the Caring
Communities
Program.
R174-97 Setting
public hearing on voluntary annexation of property located 200 ft. east of
Rock
Quarry
and 700 ft. south of Nifong, Abernathie property.
R175-97 Setting
public hearing for construction of 8-inch water main serving Heritage Meadows
and
payment of differential costs.
R176-97 Setting
public hearing on special assessments against property benefiting from
improvements
to Eastwood Drive from Sylvan Lane to Clark Lane.
The bills were given third reading and the resolutions read with the vote recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R177-97 Approving
preliminary plat of Hyde Park Planned Commercial Subdivision.
The resolution was read by
the Clerk.
Mr. Beck explained that this
7.9 acre tract of land would be divided into two commercial lots. He
said it had been recommended for approval by the Planning and Zoning Commission. There
is a variance being requested on the corner truncation.
Jay Gebhardt, 711 W. Ash,
explained that he was the engineer that drew up the plat. He reported
he had talked to someone this morning regarding the Highway Department acquiring
the necessary right-of-way for the corner truncation from which a variance
is requested. Mr. Gebhardt had been instructed to go ahead and design
the road with a narrower entrance where the truncation could be obtained
on the street without the right-of-way. If things work out, the Highway
Department will have acquired that for them. Mr. Gebhardt stated it
has been worked out where the road can be built without the radius of right-of-way
that is requested from the Custom Muffler site. He offered to answer
any questions.
The vote on R177-97 was recorded
as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE, COFFMAN. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R178-97 Amending
agreement with Boone County to eliminate part-time physician to provide
medical
services at jail.
The resolution was read by
the Clerk.
Mr. Sanford explained that
state law requires sheriff's to provide a certain level of health care for
inmates incarcerated at the county jail. For many years, the Health
Department has provided this service for the County on a contractual basis. Mr.
Sanford said the County has currently been persuaded that this can be accomplished
less expensively themselves, and were asking to be relieved of this obligation
in the contract.
Mayor Hindman asked if it
was true that the City had enough work to keep the physician busy without
the County services. Mr. Sanford said that was true, but added there
would be a loss in revenue. He said this agreement has been problematic
in the past for the Health Department, and eliminating the doctor's services
at the jail will provide more time to be spent in the clinic.
The vote on R178-97 was recorded
as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE, COFFMAN. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R179-97 Authorizing
an application with the MO Department of Natural Resources for a State
Revolving
loan for construction of Interceptor Sewers and other wastewater
improvements.
The resolution was read by
the Clerk.
Mr. Beck explained that November
15 is the application deadline on this project.
The vote on R179-97 was recorded
as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE, COFFMAN. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R180-97 Approving
the Charter of Tenth, Hitt and Locust Association for Community Improvement
and
recognizing it as the official neighborhood organization for the area.
The resolution was read by
the Clerk.
Mr. Beck noted that the Charter
for the Association had been reviewed and it met all requirements.
The vote on R180-97 was recorded
as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE, COFFMAN. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R181-97 Authorizing
development of grant application to the DNR for low interest loan for
water
system
improvements.
The resolution was read by
the Clerk.
Mr. Beck explained that this
is a relatively new program and it was felt that part of the City's capital
improvement plan, particularly as it relates to providing pressure and service
to the area around Prathersville, could be eligible for a low interest loan.
The vote on R181-97 was recorded
as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE, COFFMAN. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
R182-97 Authorizing
four Adopt A Spot Beautification Agreements.
The resolution was read by
the Clerk.
Mr. Beck noted that passage
of this resolution would actually formalize the agreements that were reported
on at the last meeting.
The vote on R182-97 was recorded
as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE, COFFMAN. 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:
B312-97 Authorizing
construction of 8-inch water main serving Heritage Meadows and payment
of
differential
costs between an 8-inch and 6-inch water main.
B313-97 Accepting
conveyance for utility purposes from GKC Investments and Flat Branch
Development.
B314-97 Accepting
conveyances for utility purposes from Robert and Jan Hulett and Paris Road
Properties.
B315-97 Rezoning
2305 Oakland Gravel Road from R-1 to O-P.
B316-97 Rezoning
property located on the south side of Barberry Ave., east of the west city
limit
line
from R-1 and A-1 to R-2.
B317-97 Vacating
sewer and utility easements located within Liberty Square Subdivision, Block
1.
B318-97 Amending
Chapter 29 of the City Code to allow limited warehousing distribution uses
in
the
C-P district and limited retail uses in the M-C district.
B319-97 Approving
final plat of Belmont Park, Plat 3, a major subdivision.
B320-97 Authorizing
right of use permit to allow Godas Development to install electrical conduit
underneath
Lillian Drive right-of-way.
B321-97 Approving
final report and authorizing Change Order No.'s. 1 and 2 to the contract
with
Don
Schneiders Excavating Company for Again Street drainage project.
B322-97 Authorizing
Change Order, assessing special assessments and approving engineer's
final
report for improvements to Eastwood Drive from Sylvan Lane to Clark Lane.
B323-97 Authorizing
construction of Bear Creek Trail, Phase II, using City forces.
B324-97 Authorizing
an agreement with Mo Department of Health for postponing sexual
involvement
education; appropriating funds.
B325-97 Authorizing
an agreement with Aquila Power Corporation for electric power service.
B326-97 Authorizing
agreement with Crawford, Murphy & Tilly for engineering services for
work at
Columbia
Regional Airport.
REPORTS AND PETITIONS
(A) Land Use Planning
in Urbanizing Area.
Mr. Beck noted that this
report had been submitted by the Planning and Zoning Commission.
Mayor Hindman knew Mr. Campbell had been
pushing this issue for a long time. He thought the City was making
progress in working with the County, and added that he also felt more joint
work needed to be done regarding this issue in the relatively near future
Mr. Campbell asked if there
were plans for any additional meetings. Mayor Hindman said there had
been discussions about scheduling a meeting, but with the election activities
it just had not been planned. He thought it would be scheduled shortly. Mr.
Campbell reported this is one of the most important issues the Council could
address.
BOARDS AND COMMISSIONS
None.
COMMENTS OF COUNCIL, STAFF, AND PUBLIC
Mr. Campbell made the motion
that staff be directed to prepare an ordinance on a neighborhood market district
for Council consideration. The motion was seconded by Mr. Janku and
approved unanimously by voice vote.
Mr. Campbell made the motion
that staff be directed to prepare an ordinance on an institutional zone for
Council Consideration.
Mr. Campbell assumed that
any ordinance would be referred to the Planning and Zoning Commission. Mayor
Hindman pointed out that no attempt was being made to include the University
as an institution. Mr. Campbell said he was referring to churches and
things of that nature. He understood the University is a state organization
and the City simply does not have control over the University.
The motion was seconded by
Ms. Coble and approved unanimously by voice vote.
Mr. Campbell said an interesting
discussion had been occurring in the Kansas City area. Lee's Summit
was voting on an excise tax in which it would be used as a means of obtaining
additional funds for building roads based upon the development that occurs. As
he understood it, developers would pay a tax based on how much traffic would
be generated on collector and other arterial streets. He asked that
the staff investigate the issue and report back.
Mr. Kruse said he had read
in the National League of Cities Newsletter about HR1534, which had been
recently passed by the House. He said it was cleverly titled "The Private
Property Rights Implementation Act of 1997". He said it had been described
in the article as a massive federal pre-emption of local zoning regulation
authority. Mr. Kruse noted that Congressman Hulshoff voted in favor
of it. He assumed the Missouri Municipal League was on record in opposition
to it, and asked if there was anything the Council should do on a more direct
level to inform the Congressman of their disappointment on his support of
the issue. He suggested communicating with Senators Ashcroft and Bond
because he said the matter has now been sent to a Senate committee. Mr.
Kruse reported this is another example of pre-emption similar to what the
state has done with billboards in Missouri. He asked the staff to look
into it and report back.
Ms. Coble formalized a request
she had brought forth at the last Council work session. Her proposal
was that the Council endorse the Mayor contacting Presiding Commissioner
Don Stamper regarding the establishment of a joint City and County task force
to develop protocols and systems to implement two specific federal gun laws
that provide for the prohibition of sale of firearms to those convicted of
domestic violence misdemeanors or felonies, and/or those who have an existing
order of protection against them. She explained that in Columbia a
woman was murdered who had moved to the area to be safe. Ms. Coble
said this woman had done everything she was legally supposed to do to protect
herself, and had been eventually murdered by a weapon that was allegedly
fired by her husband. The weapon was sold the morning or her death
in violation of two separate federal laws -- he was an individual who had
an order of protection against him, and he had a misdemeanor conviction of
domestic violence assault. Ms. Coble reported there are no notification
or system checks in place in the City of Columbia or Boone County, and this
is true throughout the state. She had assurances from the Presiding
Commissioner that he is very interested in participating in working on a
joint task force. She asked that the Council adopt her proposal formally
as a resolution. The proposal was to invite members of law enforcement,
i.e., Sheriff, Police Chief, people from Probation and Parole, a representative
from the Prosecutor's Office, a representative from Court Services, representatives
from retail outlets that sell weapons throughout the City and County, and
appointed individuals representing both the Council and the County Commission. Ms.
Coble said this task force could be used as a model for other communities
throughout the state. She asked for the Council's official endorsement
in order to move the process forward.
Mr. Janku made a motion per
Ms. Coble's proposal. The motion was seconded by Mr. Campbell and approved
unanimously by voice vote.
Mayor Hindman reminded everyone
that tomorrow was an election day. He urged everyone to go out and
vote.
Henry Lane, 1816 E. Broadway,
explained a problem he had with his latest utility bill regarding a credit
balance. He said he had been informed in mid-October that he should
address all complaints to the City Manager's Office. He complained
that reporters do not need to go through the City Manager's Office to find
information, and added that other citizens do not seem to be required to
do that either. Mr. Lane did not understand why he was being singled
out. Another concern of Mr. Lane's was a number of perceived administrative
problems regarding the water and electric capital projects involved with
the bond issue on April 1. He distributed a list of the problems and
felt the City would want to get them corrected.
Mrs. Crockett asked Mr. Lane
how many days a week he went to the Water and Light Department. Mr.
Lane said he had probably been there ten times since March, and had spent
approximately eight to ten hours with various people. Mrs. Crockett
asked what other City departments he visited. Mr. Lane responded that
he goes to the Finance Department for financial and accounting information. He
also goes to the Purchasing Department to review contracts being executed
for water capital projects. Mrs. Crockett asked how many hours per
week he was spending in all of the departments. Mr. Lane said he was
just in and out mostly, having called ahead for information.
Mr. Campbell explained that
the Council members go through the City Manager also.
Mr. Beck explained that a
recent newspaper article had been written by Mr. Lane that he would be responding
to. He said it contained a lot of inaccuracies and the staff has addressed
questions raised in the article. The article pertained to bond covenants
and how much money the City is required to have in accounts to secure those
bonds.
In addition, Mr. Beck reported
he did not establish a rule requiring Mr. Lane to go through the City Manager's
office for information; however, there has been a lot of concern expressed
by several departments regarding the amount of staff time involved with responding
to requests made by Mr. Lane. Mr. Beck said the staff was happy to
provide this information, but would like to do it in the most efficient way
possible. Staff would also like to see what Mr. Lane is working on
so any misconceptions can be corrected before being inaccurately presented
to the public. Mr. Beck said the City's goal is to try to get factual
information out to any resident of the community, including Mr. Lane. It
is important that City staff time be spent efficiently.
The meeting adjourned at
10:10 p.m.
Respectfully
submitted,
Penny
St. Romaine
City
Clerk
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