INTRODUCTORY
The City Council of
the City of Columbia, Missouri, met for a regular meeting at 7:00 p.m.,
on Monday, March 15, 1999, 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 March 15, 1999, were approved unanimously by voice vote
on a motion made by Mr. Campbell and a second by Mr. Janku.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING
CONSENT AGENDA
Mayor Hindman noted
that B85-99 would be added under Introductions.
Upon her request, Mr.
Campbell made the motion that Mrs. Crockett be allowed to abstain from
voting on B56-99. The motion was seconded by Mr. Janku and approved
unanimously by voice vote.
The agenda, as amended,
including the Consent Agenda, was approved unanimously by voice vote on
a motion made by Mayor Hindman and a second by Ms. Coble.
SPECIAL ITEMS
Resolution of Appreciation - Charles
Hargrove, Assistant City Manager
Charles Hargrove was
met at the podium by Mayor Hindman and City Manager Ray Beck. Mayor
Hindman read and presented Mr. Hargrove with a framed Resolution of Appreciation
signed by the entire Council. On behalf of the City staff,
Mr. Beck thanked Mr. Hargrove for all the work he has done over the past
34 years. Mr. Beck invited everyone to attend a reception in Mr.
Hargrove's honor to be held in the Council Chamber on March 26th.
Mr. Hargrove commented
that he has enjoyed the past 34 years and hoped to be around to watch the
next 34 years as Columbia continues to be one of the best communities to
live in the country.
SCHEDULED PUBLIC COMMENT
Ed Chmielwski & Elizabeth Barham
- Farmer's Market
Ms. Barham explained
that she and her husband moved to Columbia last fall so she could join
the Rural Sociology Department at the University. Prior to that,
she had been working on urban food policy councils around the country.
She spoke about business promotion and said that farmer's markets are excellent
places for small businesses to get a start. Another aspect Ms. Barham
spoke about was how the markets can tie a community together, and noted
that they work best when good access is available to neighborhoods by walking
and biking. Her last point was about how farmer's markets help to
control sprawl by keeping the farmers in a profitable business. Ms.
Barham added that it gives the community a more open feeling and more green
space without the City itself having to buy that green space.
Mr. Chmielwski, explained
that he and his wife moved here eight months ago and that they found Columbia's
farmer's market to be delightful. He said that people love living
in Columbia because of a thousand little things that are done right.
He referred to it as feeding their souls. Mr. Chmielwski said that
is what makes a difference between one city and another. He felt
it was time to make the farmer's market a permanent institution,
and farmers need to know there is a market that is going to make their
investment profitable.
Mayor Hindman commented
that a master plan is being worked on presently for the old fairground
property. He said when that is complete, representatives from the
Farmer's Market will be included in ongoing discussions and plans.
Mayor Hindman stated the plan is to include a space for the market at that
location.
Ms. Coble asked those
in the audience present on behalf of the Farmer's Market to stand.
Approximately six dozen people stood.
PUBLIC HEARINGS
(A) Worley
Street and Again Street storm water drainage improvement project.
Item A was read by
the Clerk.
Mr. Beck noted that
questions had been raised at the last meeting by some of the property owners
in the area of the proposed project.
Mr. Patterson explained
that the staff has conducted follow-up meetings and it has been ascertained
that in order for the project to be completely successful, it will require
the removal of the structure at 1107 Again Street, rather than those located
at 1109 or 1105 Again. This determination was based on the re-examination
of the elevations, the flow points, and the overland flow above the design
storm of the channel. However, Mr. Patterson did not want to give
the impression that staff is pushing for condemnation since this project
will be a benefit to the property in question. Staff did agree that
the property owner should have a very significant voice in whether or not
the project goes through. Mr. Patterson said they are not certain
at this time that they have satisfied all of the questions, but staff has
tried to address them. If the owner is unwilling to sell the property,
staff's suggestion is to proceed with the project on the west side and
defer any action on the east end until such time it would be more desirable
or preferable to acquire the home.
Ms. Coble said if there
is a way to begin the project on the western end, while giving the staff
time to negotiate and arrive at an equitable process regarding the property
at 1107 Again Street, that might be the best of all the possible options.
Mayor Hindman opened
the public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
Ms. Coble felt the
Public Work's Department had done a good job in responding to neighborhood
concerns. She said it is a big decision when talking about being
able to complete a storm water project by removing a home where a family
has lived since the early 60's. Ms. Coble noted there are still some
real considerations to get worked out in terms of the dramatic impact on
a family's life. She felt it worthwhile to begin formal work on the
project on the part that can be dealt with immediately, as the staff continues
to work with what needs to be finalized to do the eastern half of the project.
Ms. Coble made the
motion that the staff be directed to proceed with the plans and specifications
for the western part of the project, delaying action on the eastern portion
until such time in the future there is an indication the property would
become available and a report is brought back. The motion was
seconded by Mr. Janku and approved unanimously by voice vote.
B46-99 Authorizing
construction of a 6-inch water main serving Gregory Heights Subdivision.
The bill was given
second reading by the Clerk.
Mr. Beck explained
that this would provide about 1,520 feet of six-inch water main, and five
fire hydrants would be installed. He reported this project would
replace smaller lines that were built years ago within a water district.
The estimated cost was reported to be $51,750, which would come out of
Water and Electric funds.
Mayor Hindman opened
the public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B46-99 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:
WHEREAS, the resolution has been published in a daily newspaper of general circulation in the City of Columbia; and
WHEREAS, the public hearing on the project has been held.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:
SECTION 1. The Council finds and determines that construction of a 6-inch water main serving the Gregory Heights Subdivision is necessary for the welfare and improvement of the City and that it is in the public interest that such improvement be made.
SECTION 2. The plans and specifications for this improvement, as prepared by the Director of the Water and Light Department and filed in the office of the City Clerk, are hereby approved, adopted and made a part of this ordinance.
SECTION 3. As deemed advisable by the city manager pursuant to Section 70 of the City Charter, city employees shall be used for construction of a portion of the work. A portion of the work shall be done by construction crews provided under the terms of a general services agreement.
SECTION 4. Payment for this improvement shall be made from the Water and Electric Fund using funds appropriated in Capital Improvement Project No. 71, and such other funds as may be lawfully appropriated.
SECTION 5. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B47-99 Authorizing
construction of a 16-inch water main serving Gregory Heights Subdivision
and
calling for bids.
The bill was given second
reading by the Clerk.
Mr. Beck explained
that this would involve installing feeder mains for the previously described
project at an estimated cost of $132,660. He said it would also tie
some of the dead end lines together, which will provide good circulation
to the water system in the area. This project would also be paid
for out of the Water and Electric bond funds approved by the voters.
Mayor Hindman opened
the public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B47-99 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:
WHEREAS, the resolution has been published in a daily newspaper of general circulation in the City of Columbia; and
WHEREAS, the public hearing on the project has been held.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:
SECTION 1. The Council finds and determines that construction of a 16- inch water main along the west and north sides of the Gregory Heights Subdivision is necessary for the welfare and improvement of the City and that it is in the public interest that such improvement be made.
SECTION 2. The plans and specifications for this improvement, as prepared by the Director of the Water and Light Department and filed in the office of the City Clerk, are hereby approved, adopted and made a part of this ordinance.
SECTION 3. The City Clerk is authorized and directed to advertise for bids for the construction of the improvement, according to the provisions of Section 22-78 of the Code of Ordinances of the City of Columbia, Missouri.
SECTION 4. Payment for this improvement shall be made from the Water and Electric Fund using funds appropriated in Capital Improvement Project No. 71, and such other funds as may be lawfully appropriated.
SECTION 5. The contract for the improvement shall provide that not less than the prevailing hourly rate of wages, as found by the Department of Labor and Industrial Relations of Missouri, shall be paid to all workmen performing work under the contract. The contractor's bond shall guarantee the faithful performance of the prevailing hourly wage clause in the contract.
SECTION 6. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B52-99 Rezoning
property located on the northwest side of U.S. Highway 63, south of Pioneer
Drive, from O-P to C-P.
The bill was given
second reading by the Clerk.
Mr. Beck noted this
is a rezoning request for an almost 25-acre tract of land. He reported
the applicant has agreed to more restrictions than what would normally
be allowed in a planned business district. Mr. Beck stated the Planning
and Zoning Commission had recommended approval of the request.
Mayor Hindman opened
the public hearing.
Ron Shy, 5600 S. Highway
KK, spoke on behalf of the land owner, Clarence Woodard, and also the contract
purchaser, Curtis McDonald. He said Mr. McDonald has been working
on this tract of ground for nearly three years. He noted that the
basic idea for the site has not changed -- just that a little larger area
is needed for it.
Curtis McDonald, contract
purchaser, explained that the design is still in preliminary stages.
He said the initial plans are a result of the recommendation from the Council
in that the property on the east side of Highway 63 will have mixed uses.
He displayed the area on the east side of U.S. 63, and indicated they had
decided to develop around a main street or village format for the retail
center. Mr. McDonald stated it would be the second phase of the project,
something that can begin to be feasible after the project has developed
some sort of identity. He said they want to use the Hinkson Creek
as an amenity for the project. He referred to one section that will
consist of village shops, and said they envision it as an area that would
serve as a trail head for the park. Mr. McDonald commented they could
actually use the parking areas of the commercial shopping center for people
to come and park. He reported there would be sidewalk cafes, bicycle rentals
and things of that nature that would be directly connected with the parkway,
which would ultimately loop around and go under the bridge near Clark Lane
to come back up and circle around the lake and park.
Mr. McDonald explained
the plans for the west side of the development, which consists of larger
stores with certain clustering and co-tendency requirements. He said
the preliminary design incorporates a sense of massing that might take
place.
Mayor Hindman asked
how large the area on the west side would be. Mr. McDonald said it
is comprised of about 45 acres.
Nyle Kimball, 300 E.
Henley, spoke as President of the Mexico Gravel Neighborhood Association.
He commented their neighborhood was brought in at the very beginning of
the project, and Mr. McDonald had worked with them and had listened to
their concerns and wants for the area. Mr. Kimball said residents
have expressed no opposition to the rezoning request.
Robert Swearingen,
former President of the Mexico Gravel Neighborhood Association, said the
plans being presented tonight are not new to residents of his neighborhood,
and added that they are not opposed to the rezoning request.
Greg Ahrens, 1504 Sylvan
Lane, current contact person for the Whitegate neighborhood (located immediately
to the west of the planned area), said his neighborhood has no objections
to the proposal. He saw no basic difference in traffic associated
with a commercial or an office development. Mr. Ahrens reported the
residents would like to see sidewalks along the newly extended Vandiver
and the section where all of the moving trucks park now. He felt
the new development could ease some of the cut through traffic on Sylvan.
Mayor Hindman closed
the public hearing.
B52-99 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:
SECTION 1. The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is amended so that the following property:
A tract of land located in the NE 1/4 of Section 5, Township 48 North, Range 12 West, Columbia, Boone County, Missouri, being part of the tract described by the deed recorded in Book 1112, Page 135, and being more particularly described as follows:
Commencing at the southwest corner of Section 33-49-12; thence S17°40'40"W, 495.57 feet; thence S72°19'20"E, 324.79 feet to the westerly right-of-way line of Highway 63; thence with said westerly line with the following bearings and distances: Along a 2739.79-foot radius non-tangent curve to the right, 243.18 feet, said curve has a chord S37°42'25"W, 243.10 feet; thence S45°20'40"W, 310.34 feet; thence S46°45'05"W, 824.90 feet to the point of beginning; thence S46°45'05"W, 250.00 feet; thence S64°29'45"W, 131.24 feet; thence S48°52'20"W, 135.09 feet; thence S67°31'25"W, 310.16 feet; thence S60°47'15"W, 309.23 feet; thence S52°27'45"W, 150.75 feet; thence S35°26'30"W, 203.96 feet; thence S28°18'30"W, 172.23 feet to the 1/4 section line; thence leaving said westerly line, and with the 1/4 section line, S87°50'55"W, 115.19 feet; thence N16°23'40"E, 428.34 feet, thence along an 804.48-foot radius curve to the left, 692.36 feet, said curve has a chord N8°15'40"W, 671.19 feet; thence along a 30.00-foot radius curve to the right, 44.24 feet, said curve has a chord N9°20'00"E, 40.34 feet; thence N51°35'00"E, 916.94 feet; thence S43°14'55"E, 939.88 feet to the point of beginning and containing 24.61 acres.
will be rezoned and become a part of District C-P (Planned Business District) and taken away from District O-P (Planned Office District). Hereafter the property may be used for all the permitted uses in District C-3 except:
Halfway Houses
Farm Machinery Sales and Services
Drive-in Theaters
Machine Shops
SECTION 2. The
property described in Section 1 is designated "Planned Commercial" on the
Land Use Plan.
SECTION 3. This rezoning is subject to the condition that the developer will work with city staff on trails and pedestrian pathways during the development of the plan.
SECTION 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 5. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B53-99 Rezoning
property located on the west side of Scott Boulevard, south of King's Meadow
Subdivision, from A-1 and R-1 to PUD-10.
The bill was given
second reading by the Clerk.
Mr. Beck explained
that this rezoning involves an approximate 14-acre tract of land with a
request for PUD-10. The Planning and Zoning Commission has no recommendation
as they had a tie vote. The Planning staff initially recommended
approval when the report was submitted to the Planning and Zoning Commission.
Mr. Hancock noted that
they had received a letter from the attorney representing the developer
suggesting an amendment to the plan.
Mayor Hindman opened
the public hearing.
Craig VanMatre, an
attorney with offices at 1101 E. Broadway, spoke on behalf of the owner/applicant.
He noted that the primary presentation would be made by Glen LeRoy, an
architect with the Gould Evans Architectural Firm in Kansas City.
He handed out a curriculum vitae on Mr. LeRoy and asked him to come forward
and explain the plans for the 14-acre tract.
Mr. LeRoy explained
that he has been working with Mr. Tosini, the applicant, for some time.
He said they have had numerous meetings with local officials, nearby residents,
and City staff to review plans over the last 18 months or so. Ultimately,
the plans envision a new prototype, a walkable community. Mr. LeRoy
reported this proposal represents a first step towards that concept.
Mr. LeRoy reported
that two issues have recently emerged from both the Planning and Zoning
Commission and the adjacent neighborhoods. These issues relate to
a desire to see the proposal for the PUD-10 in the context of what could
happen on the rest of the site, and how the development will allow for
an adequate transition between what exists now in terms of neighborhood
development and what will ultimately exist on the site. Mr. LeRoy
said they have greatly endeavored to respond to both issues.
Mr. LeRoy displayed
a drawing of the subject site which contained several components within
it. He began by reporting that whatever use exists in the King's
Meadow Neighborhood would be replicated on a portion of the subject tract
immediately adjacent to that neighborhood. Mr. LeRoy stated when
a resident of Kings Meadow is standing in their back yard and they look
over their property line at the new development, they will see a development
that is exactly like theirs. He said if that particular individual
lives in a duplex, they will see a duplex. If the resident lives
in a single family home, they will see a single family home. If there
is a park nearby, they will see nothing larger than single family density.
Mr. LeRoy commented the second component to the south of these residences
will be a new street servicing the same. He reported the remainder
of the site will be developed to the extent that PUD-10 would be allowed
within the site. He said one could expect higher density residential
the further one steps away from this area.
Mr. LeRoy discussed
the intentions of several other tracts that are not at issue tonight.
He referred to a gold area on the drawing which is a higher density development,
a row house/town house sort of development, which would be adjacent to
the subject tract and would be screened by the single family housing and
the duplex housing. The green area depicted a walkable village, mixed
use complex. Mr. LeRoy indicated the mixed uses would consist of
a commercial, retail, office and residential complex. The blue area
would be a continuation of the higher density residential. He explained
they needed this development to make the walkable village work.
Mr. LeRoy displayed
another drawing of what was anticipated for the higher density, row house/
town house, type of development. He said it would be something articulated
in brick with very rich detailing, and they felt it would be a very handsome
development. Mr. LeRoy showed drawings of what the mixed use area
might resemble. He said it would not contain strip commercial parking,
and would have either dwelling or offices units. He said they wanted
the ability to potentially close off one of the streets for street festivals
and things of that nature. He explained this would be a theme development
-- progressing from residential to commercial to office districts.
Mr. LeRoy listed stipulations
that would be above and beyond what zoning would normally require.
For the proposed rezoning area, he stipulated that the density/use of the
residential property immediately opposite or adjoining each of the lots
in King's Meadow Subdivision must mimic the lot to which it adjoins (either
R-1 or R-2, with R-1 as the maximum density allowed adjacent to the existing
park), a residential street would be constructed adjoining the King's Meadow
alignment along that property line with town house and row house density
as the maximum density allowed across the street, units along the new street
would be single family for sale units (not rental units), and they would
consent to an architectural review by the City to ensure they are delivering
what they say they are going to. Within the complex, they will be
constructing the street adjacent to King's Meadow, and they will stipulate
that they will dedicate, when they come forth for platting a right-of-way,
to extend the new street to Stone Valley Parkway and/or Smith Drive --
not to just cul-de-sac it, but to tie it into a street network. Mr.
LeRoy said they felt that to be important.
Mr. LeRoy briefly discussed
a second set of stipulations for the other sites not under review this
evening. For the future mixed use area, he said they would consent
to architectural review, discuss the amount of appropriate parking in negotiations
with the City, and deal with the issue of water retention. For the
higher density residential area, he said they would stipulate architectural
review.
Mr. Janku asked about
the reference to potential park land. Mr. LeRoy replied it is thought
the northern area would not be suitable for anything but proposed green
space due to the topography. He said it is a wooded area and they
felt it probably should be green space. In any previous plans they
have developed, this portion of the property has been designated as such.
Mr. LeRoy noted it is not part of the stipulations, but it is their intent
to do it that way.
Mayor Hindman asked
about the road and whether it would continue north. Mr. LeRoy pointed
out where the road would continue, and it would have to proceed with the
alignment in the area. He said they do not want the road to end in
a dead end, but in a way that connects to a network of streets. Mr.
LeRoy stated they would stipulate that the road will connect, at a minimum,
with one of the two streets.
Mrs. Crockett asked
about a street in King's Meadow that stubs out, and wondered if it would
continue to be a stub. Mr. LeRoy said that is subject to negotiations
with King's Meadow. He thought the City's stance right now is that
it will be stubbed out. Mr. LeRoy reported they would love to see
it in their proposal in order to utilize part of the site to possibly develop
a cul-de-sac and some single family housing around the cul-de-sac.
He said they would be happy to talk to Kings Meadow about that potential.
Mr. Campbell asked
to be assured that the water retention will be to the extent that this
project will not increase runoff. Mr. LeRoy said that was the intent.
Mayor Hindman said
he appreciated the density being proposed, but hoped allowances would be
made for some green space within the density. Mr. LeRoy said it is
thought that this project would connect to a green space network.
He said they actually want to extend trails and green-way networks into
the adjacent neighborhoods through the sidewalk networks. Mr. LeRoy
reported that is the whole idea of creating the mixed use in the center
of the community -- the ability to tie it in so people can either walk
to it or take their bicycles to it.
Joseph Tosini, the
property owner, said he believed by allowing the City to participate in
the architectural review would ensure the quality of the neighborhood.
He said they did not want to distract in any way from the neighborhoods
around them.
Mr. Janku asked Mr.
Tosini about stipulating to the green space. Mr. Tosini said the
green space mentioned, he believed to be in the northwest corner, made
sense to him.
Tony Prato, 212 Dayspring,
President of the King's Meadow Neighborhood Association, said tonight was
the first time they have seen the plan. He said the details are still
a little elusive because he cannot see what is going into all of the blocks.
Regarding the plan they had seen at the Planning and Zoning Commission
meeting, he said residents liked the idea of having a strip of R-1, but
said they would like to see two rows of R-1 housing instead of just the
one, and perhaps R-2 adjacent to King's Meadow where that zoning already
exists. Mr. Prato noted residents preferred this design because one
of the main objections had been that they did not want the high density
adjacent to their homes. The second concern was that they wanted
to see a plan for the whole area. Mr. Prato reported tonight is the
first opportunity the residents have had to see a plan for the entire area,
and he thought the neighbors would like the chance to review it more carefully
with the developer. He said the developer has been vague on how much
commercial would be going in, and residents have in the past objected to
plans where roughly 20 acres of commercial have been depicted. Mr.
Prato commented if there is a relatively small amount of commercial in
the extended plan for the entire parcel, it would certainly be a lot more
acceptable than what it was before. Mr. Prato reported the Vice-President
of their neighborhood association met with the developer last summer, who
really did not have any response until the Planning and Zoning meeting.
Since that meeting, he explained that there have been a couple of meetings
between this individual and Mr. Tosini. Apparently, the residents'
feelings were made known and there has been somewhat of an accommodation.
Mr. Prato guessed the neighborhood's major concern now to be that they
would like to have more time to sit down and look at the plans to see how
much and what type of commercial would be going in.
Peter Wilden, 4311
Sussex Drive, spoke on behalf of The Hamlet Association. Mr. Wilden
noted he had received a call from the President of the Rothwell Heights
Association, who told him he was unable to attend the meeting, but relayed
his association was in support of The Hamlet Association's position.
Mr. Wilden reported residents are disturbed by the fact that they have
not seen any plans since the Planning and Zoning Commission meeting.
The Hamlet Association is also interested in having some type of R-1 buffer
as part of the zoning request. Mr. Wilden said the developer initially
had a proposal of a walkable, sustainable community, which had been presented
a few years ago. At that time, he said the project was resoundingly
opposed by all three of the then existing neighborhood associations.
Mr. Wilden commented the plan presented tonight is simply a reincarnation
of that, except now it is a great example of piecemeal zoning.
Mr. Wilden explained
that his subdivision is located at the very southern end of the subject
tract, and his neighborhood has had a history of storm water management
difficulties. He said this project would simply exacerbate another
storm water management issue which has not addressed by the plan previously
brought to the Council. By doing this, Mr. Wilden said the developer
would not have to worry about storm water that is produced by the property
being discussed tonight because he has not yet developed the other surrounding
areas, however, this tract will produce an increased amount of storm water
runoff. He noted three runoff areas that converge at the mouth of
their subdivision. Mr. Wilden reported there is no water retention
now, the runoff is simply laked into an overflow as it can no longer pass
under the culverts on Sussex Drive at Scott Boulevard. He explained
the City tried to make accommodations when Smith Drive was extended to
Stoneridge Subdivision (a development directly to the west of this area)
by installing slightly larger water handling facilities. He observed
these accommodations are inadequate as the roadway has been covered with
water at least nine times since the road was constructed. Mr. Wilden
said the City had spent tens of thousands of dollars to try to fix the
problem in collaboration with the Homeowners Association and with the developer.
He can see the same thing happening again, especially since there is no
plan for the entire tract. In addition, Mr. Wilden commented that
this rezoning request does not match with the 20/20 Plan -- which shows
this area as a neighborhood.
Mrs. Crockett asked
if residents were against the plan two and one-half years ago, what is
to say if the developer spent several thousand dollars more putting a complete
plan together, that they would be in favor of it. Mr. Wilden said
residents are not saying they would necessarily be in favor of it.
Mrs. Crockett asked why residents wanted to see a plan of the whole area.
Mr. Wilden said it appears at this point there are changes the applicant
has imposed on their side of the plan from what it was before. He
said what residents are interested in is how much the plan has changed.
He said it looks as though some accommodations have been made because there
was no R-1 zoning in the original plan, but they cannot read minds as to
what will be done with the rest of the tracts of land which have direct
impact on how such things such as traffic and water retention are handled.
Mrs. Crockett asked if residents would rather see no high density.
Mr. Wilden said they are not opposed to high density residential, but were
opposed to having 20 acres of commercial property as part of this plan.
Mr. Kruse said that is not part of the plan -- what is before the Council
tonight is a residential development with stipulations for what the rest
of the project would look like, which is not 20 acres of commercial.
Mr. Wilden said he felt it was because everything else on the adjoining
tract, about 20 acres, is all commercial. The area to the south of
Smith Drive was all commercial with high density residential to the very
west edge. Mr. Kruse said it was 20 acres of mixed use which is different
from 20 acres of commercial.
Mayor Hindman asked
about the flooding Mr. Wilden referenced previously. Mr. Wilden said
the storm water floods over the entrance to The Hamlet Subdivision at Sussex
Drive, and on Smith Drive at the junction of the Stoneridge entrance.
Mr. Patterson reminded the Council of an agreement they recently authorized
with the Homeowners Association and Mr. Tosini. He said at that time,
Mr. Tosini offered to pay any additional costs as part of his share for
trying to remedy some of the problems in The Hamlet. Mr. Patterson
confirmed staff is presently in the process of getting those agreements
ready. He observed there are now more controls in place than there
were when The Hamlet was first platted. Mr. Patterson thought it
would be difficult to try to compare the previous storm water problems
to the new development. He noted the staff's ability to better control
water retention can provide some assurances to the Council that similar
problems will not be created. With regard to detention on site, Mr.
Patterson said the Land Disturbance Act requires a storm water management
plan, in which case the staff can determine if there are considerable down
stream conditions that would warrant detention. He said staff can
also assure there are proper measurements to not increase the peak runoff
after development as opposed to what it is prior to development.
Mr. Campbell asked
if a PUD-10 would require such a plan and such controls. Mr. Patterson
said it would, and with PUD's they can go beyond normal ordinance requirements.
Scott Boyd, 102 Dayspring,
asked the Council to deny the request because the developer has not made
an attempt, in his opinion, to negotiate in good faith. He stated
residents have told him they did not like the 20 acres of commercial, and
Mr. Tosini has come up with multiple plans where he has put together color
pictures of the property, called parking lots green space in some of the
plans, but he has never made an effort to come off of that position.
He did not think that Mr. Tosini has ever made an effort to negotiate in
that regard. Mr. Boyd referred to a letter written by Mr. VanMatre
about one year ago, and reported the developer has tried to negotiate by
threatening to put high density residential adjacent to King's Meadow Subdivision
because residents have been intransigent (holding to an extreme position).
He said the letter was offensive and created fear of the unknown.
He requested that the Council require developers to negotiate in good faith.
Mr. Boyd said he felt the developer has a poor track record with this development
in The Hamlet. He said his plans for The Hamlet were equally impressive.
Mr. Boyd observed a lot of customers in that subdivision were left dissatisfied
and upset and feeling like they did not get what they were promised.
Ms. Coble said she
did not understand some of the things being said by the neighborhood associations
when the plan has come in with changes based on what the associations requested.
She asked why there would be such fervor to characterize the developer
as being unwilling to negotiate and unresponsive to the neighborhood concerns
when the proof was brought to them this evening. Mr. Boyd replied
that there are two reasons -- one being that the entire tract is not represented.
Ms. Coble pointed out to him that the whole tract was not before the Council
at this time. Mr. Boyd understood that was not what was before them,
but said that was why residents do not know what the request will be on
that property. He explained the neighborhood is asking that the Council
not agree to spot zoning, but look at the tract of land as a whole.
Mr. Boyd reported the one sticking point has consistently been this large
tract of land being reserved for commercial without addressing the plans
for it.
Dean Baxter explained
that he is moving into a new house in Stoneridge and he did not think the
people there or the developers of it know about this situation. He
said he and his son bought three lots in Stoneridge and they were not told
about this project until he asked. Mr. Baxter supported everything
said by Mr. Boyd and added that he, himself, has lived in The Hamlet and
things there did not happen the way he was told they were going to happen.
Ben Francisco, 4308
Christian Fellowship, explained that he has been in seven meetings in the
last year having to do with the development of this property. He
felt they have been guilty, as a neighborhood association, of not being
as open as they should have been. He agreed that at time, residents
put up barriers that were unreasonable to the developer. Mr. Francisco
thought they were coming closer together finally, and noted that at the
last meeting, people were reasonable and the conversations were the kind
that need to happen in order for a neighborhood to support a project such
as this. He felt Mr. Tosini's intentions were very good, and has
been impressed with the plans he has had. Mr. Francisco felt the
recent adjustment was significant, and that it reflects the opinions expressed
at the last meeting when residents had said they would like a border that
reflects the character of the current neighborhood. Unfortunately,
Mr. Francisco believed the Council was seeing some historical ill will
playing out.
Craig VanMatre explained
that the contract with Mr. Stohldrier, who purchased Stoneridge Estates,
required that he notify every property owner that bought from him as to
Mr. Tosini's plans for the subject site. He apologized for
his letter being misconstrued. It had been Mr. VanMatre's intention
to invite residents to a meeting, to which nobody came. He said they
fully intend, once the project is in the planning stage, to come back to
the neighbors and meet with them on as many occasions as necessary to discuss
the proposal for this mixed use development. He reported Mr. Tosini
has no desire to shut the neighbors out of the rest of the planning process.
Regarding the storm water, Mr. VanMatre said Engineering Surveys, from
what he understood, has all but put the finishing touches on a comprehensive
plan for the entire area, which will assure that this development does
not adversely affect anybody down stream.
In looking at this
project, Mr. Janku said he realized the Council had a previous discussion
with Mr. Stohldrier. He said one of the issues related to the proposed
school in the area, and said he will also be looking for pedestrian connections
between this dense development and the potential for the school.
Mr. Janku commented that the school children who may be attending Christian
Fellowship should not be forced to travel onto Scott Boulevard. Mr.
VanMatre said he understood this concern, and there would absolutely be
pedestrian connections.
In rebuttal to Mr.
VanMatre's closing remarks, Mr. Wilden said he had attended every meeting
which he has been notified of. He said there may have been other
meetings that members of The Hamlet Association were not invited to.
Mayor Hindman closed
the public hearing.
Mr. Campbell said he
would have preferred to see the whole plan this evening, but he was prepared,
based upon what he has seen, to go ahead and allow
portions of the project to begin. He did have concerns about the
amount of commercial development, which had been voiced to the developer.
Mr. Campbell commented they would have to wait and see what comes in.
Regarding the storm water drainage, Mr. Campbell said there are stronger
controls under PUD's than there are with an R-1 development. He felt
the City would have better control of what happens with the runoff for
The Hamlet. Mr. Campbell noted the Council has had discussions about
allowing high density and mixed use, but when it comes down to it, everyone
says "not in my backyard". He said they are going to have to start
working out some good examples of what a good, high density, mixed use
development looks like. He thought this was their opportunity to
begin the process. Mr. Campbell said he was very pleased to see the
developer putting a buffer of the same density next to the King's Meadow
neighborhood. He is prepared to support the rezoning request in front
of the Council this evening, and he will look very closely at what comes
along as the next portion. He hoped many meetings would take place
between the developer and the neighborhoods.
Mayor Hindman commented
that he was pleased to see the change this evening that was clearly designed
to satisfy objections from the neighbors. He agreed with Mr. Campbell
in that it is a major step in the right direction towards the kind of development
the Council feels appropriate for this community as it grows.
Regarding the comments
of the speaker who was concerned about this being a new plan, Mr. Campbell
said he thought he had seen every version of the plan that has come in,
and this area has been shown as high density from the start.
Mr. Janku mentioned
the danger of piecemeal development the Council has seen in other locations.
He said many times little pockets are being developed independently with
no interconnections. He felt the developer in this case has committed
to both street and pedestrian interconnections. Mr. Janku stated
that alleviated the concerns he normally has about what might be considered
piecemeal development .
Mrs. Crockett agreed
with the comments made by Mayor Hindman and Mr. Campbell.
Mr. Kruse said the
Council has had previous discussions about allowing a somewhat higher density
development as a hedge against encouraging sprawl. He hoped people
in the community would appreciate that the Council is not suggesting that
all development in the future will be high density. He said
they want to see a mix of development of different types. Mr. Kruse
felt this could be one example of a different model that will be good for
the community.
B53-99 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:
SECTION 1. The Zoning District Map established and adopted by Section 29-4 of the Code of Ordinances of the City of Columbia, Missouri, is amended so that the following property:
A tract of land located in the northeast 1/4 of Section 17 T48N R13W in Columbia, Boone County, Missouri further described as follows:
Beginning at a point on the southerly line of Lot 2 King's Meadow Subdivision -Block 6, being S84°42'55E, 33.16 feet from the southwest corner thereof; thence S84°42'55"E, along the southerly line of King's Meadow Subdivision Block 6, Block 5, Block 2 and Block 1, 1442.97 feet to the westerly right-of-way of State Route TT; thence along said right-of-way, S0°04'55"E 140.62 feet; thence leaving said right-of-way, N84°42'55"W 726.15 feet; thence S3°02'05"W 574.89 feet; thence N86°57'55"W 413.47 feet; thence S74°13'10"W 191.45 feet to the easterly right-of-way of Stone Valley Parkway; thence along said right-of-way, N15°46'50"W 242.00-feet; thence along a curve to the right having a radius of 467.00 feet, 125.53 feet, the chord being N8°04'50"W 125.15 feet; thence N0°22'45"W 454.12 feet to the beginning and containing 14.03 acres.
will be rezoned and become a part of District PUD-10 (Planned Unit Development District) and taken away from District A-1 (Agricultural District) and R-1 (One-Family Dwelling District). Hereafter the property may be used for condominium units as townhouses, a community or neighborhood center and related amenities. The zoning district map shall designate the property PUD-10. The statement of intent submitted by applicant's agent, marked "Exhibit A" is attached to and made a part of this ordinance.
SECTION 2. The property described in Section 1 is designated "Medium Density Residential" on the Land Use Plan.
SECTION 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed.
SECTION 4. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B60-99 Calling
for bids for the street improvement project at the intersection of Scott
Boulevard
and Current Road.
The bill was given
second reading by the Clerk.
Mr. Beck explained
that this project would remove a blind spot on Scott Boulevard where it
intersects with Current Road. The proposal is to lower about 300
feet of Scott Boulevard to get rid of the blind spot. The cost is
estimated at $40,000.
Mayor Hindman opened
the public hearing.
Ken David, 4012 Compton
Road, a member of the Homeowners Association, spoke in support of the project.
He said it would rectify a really dangerous situation. He said anyone
entering or leaving the West Pointe Subdivision puts themselves in jeopardy
leaving Current Road.
Mr. Beck pointed out
that eight accidents occurred at this intersection in 1998.
Mr. Campbell said he
had driven out there to look at the situation, and it had scared him trying
to get back out onto Scott. He said there is no question that the
improvement is needed. He said there were others present willing
to speak if need be.
Mayor Hindman closed
the public hearing.
B60-99 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:
WHEREAS, the resolution was published in a daily newspaper of general circulation in the city; and
WHEREAS, the City Council has held a public hearing on construction of the improvement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:
SECTION 1. The Council finds that the reconstruction of the intersection of Scott Boulevard and Current Road to improve sight distance is necessary for the welfare and improvement of the City and that it is in the public interest that such improvement be made.
SECTION 2. The plans and specifications for this improvement, as prepared by the Director of Public Works and filed in the office of the City Clerk, are hereby approved and made a part of this ordinance.
SECTION 3. The construction of the improvement shall be done by contract in accordance with the plans and specifications, the laws of the State of Missouri, and the Charter and Ordinances of the City of Columbia, Missouri.
SECTION 4. The City Clerk is authorized and directed to advertise for bids for the construction of the improvement. The advertisement shall be published for seven (7) consecutive insertions in a daily newspaper of general circulation in the City of Columbia and shall state that the bids must be filed by 11:15 a.m. on April 6, 1999. The first publication of the advertisement shall be no later than March 27, 1999. The advertisement shall refer to the plans and specifications filed in the City Clerk's office and shall advise bidders of the method of payment for the improvement. The advertisement shall state that the Council reserves the right to reject any and all bids and that, in order to be considered, a bid must be accompanied by a certified check or bid bond with corporate surety for five percent (5%) of the amount of the bid, payable to the City of Columbia. All bids shall be opened by the City Clerk in the chambers where the City Council holds its regular meetings at 11:15 a.m. on April 6, 1999.
SECTION 5. Payment for this improvement shall be made from capital improvement sales tax funds and from such other funds as may be lawfully appropriated.
SECTION 6. The City Manager is authorized to obtain, execute and have recorded all licenses, easements, deeds and any other conveyances or instruments necessary for the City to complete this improvement.
SECTION 7. The contract for the improvement shall provide that not less than the prevailing hourly rate of wages, as found by the Department of Labor and Industrial Relations of Missouri, shall be paid to all workmen performing work under the contract. The contractor's bond shall guarantee the faithful performance of the prevailing hourly wage clause in the contract.
SECTION 8. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B61-99 Authorizing
the pedestrian enhancement improvements at the intersection of Forum
Boulevard and Chapel Hill Road; utilizing city forces.
The bill was given
second reading by the Clerk.
Mr. Beck explained
that the Council had requested that this intersection be examined.
Mr. Patterson said
when the original report went to the Council, staff had shown two alternatives
and the recommendation was to go with a relatively minor modification of
the intersection, but one that was felt that would do quite a bit of good
for pedestrian safety. The action recommended is to mark crosswalks
on the east, west and south legs of the intersection; that they modify
the channelization islands on the northwest and southwest corner in order
to shorten the walking distance and provide protected islands for pedestrians;
and that they reconstruct the corner truncation at the southeast corner.
The estimated cost of the project is $9,500. Mr. Patterson said staff
looked at the desirability of a crossing on the north leg also. He
said that had been presented to the Council as another alternative, and
would also include pedestrian activated signals and would cost about $8,200.
He explained staff does not recommend this alternative because of the cost
and the impact it would have on pedestrian safety and the phasing of signals
for vehicular traffic. He said the staff felt the proposed solution
will provide for a safe pedestrian crossing of the intersection.
Mayor Hindman commended
the staff for the three crosswalks included, but said he thought they should
consider the other crosswalk. He asked where the extra expense comes
in. Mr. Patterson said what has been proposed would not include the
pedestrian actuated signals on the four legs. He said that was a
big part of the expense, in addition to the configuration to allow for
a crosswalk on the north side because the two crosswalk patterns
would require modification of the northwest corner (widening, and acquiring
right-of-way), which would be anticipated to be very expensive. With
regard to the traffic impact, Mr. Patterson said the distance with the
dual turn lanes on the north leg would be a longer pedestrian walkway,
and would require rephasing the signals, which are now currently split
phase -- provides for the multiple turn lanes to the north and holding
traffic from the east. Mr. Patterson explained there is very little
traffic coming into this intersection from the east leg as compared from
the west turning north. Therefore, to provide for safe timing for
people to cross on the north side, they would be adding a significant amount
of green signal to the west bound leg and it would interfere tremendously
with traffic. Mr. Patterson reported it is not thought that would
serve a large portion of people any better than the three legs proposed
earlier.
Mayor Hindman asked
about the width of the traffic lanes on Forum. Mr. Patterson replied
they are either eleven or twelve feet. Mayor Hindman said he stepped
them off and had gotten more than twelve feet. He said when looking
at the island on the northwest, there is a foot or two from the edge of
the traffic lane until you get to the island. In the curb configuration
on the northeast, he said it is very different than it is on the southeast.
Mayor Hindman thought if the curb is designed to be similar to the one
on the southeast, and the traffic lanes are narrowed just a little bit,
it looked like an island could be put at this location as well. He
felt it could be done without putting in the lights.
Mr. Janku understood
the key to saving money is not having the pedestrian actuated signals.
He asked if the City could just acquire the right-of-way and put in a curb.
Mayor Hindman did not think right-of-way would have to be acquired.
Mr. Patterson noted
that the island at the northwest would have to be enlarged to comply with
ADA criteria for the two intersecting pedestrian ways. To get the
width they would need, he said they would have to expand in a direction
which requires a taking of land at the northwest corner. Mr. Patterson
commented that was one of the big items.
Mayor Hindman said
he was all for what was being recommended, but said he would like to look
some more at what could be done with the crossing on the north side.
Mr. Patterson explained the Council could always come back and revisit
that, but this would give direction to staff for the development of pedestrian
improvements that will enhance the intersection. As the development
continues to occur, staff could certainly come back with other alternatives.
Mayor Hindman said he would like to see them take a look at it right away.
Mr. Janku asked if
there was anything being recommended that would have to be changed in order
to allow for improvements at a later date. Mr. Patterson said there
would be no significant expense, and the only thing that would have to
be redone would be the mounding of the island configurations, which would
have to be taken out anyway if they proceed with the second alternative.
Mr. Kruse asked if
the Mayor was suggesting that the curb on the northeast corner be shaped
more like the one on the southeast corner in order to decrease the distance
pedestrians would have to walk, which might ease the issue of phasing.
Mayor Hindman said that was correct, and reported if an island could be
constructed at this location, then the pedestrians would have a much shorter
distance to travel and traffic will not have to be delayed. He suggested
putting the island on the west side of the left hand turn lane for the
people going south. He would leave the island that is already depicted
and just add another one in the middle. Mayor Hindman thought there
would be room for it if the traffic lanes were narrowed.
Mr. Campbell asked
how much difference would be made in traffic safety with narrower lanes
versus wider lanes. He said the Council needs to consider the safety
of everybody concerned, not just the pedestrians. He thought at this
particular point that number could be relatively small. Mr. Campbell
thought the narrow lanes on Providence Road create a traffic hazard.
Mr. Patterson said that was true, but did not know how they would quantify
that.
Mayor Hindman said
he would like to have his suggestion reviewed, but the Council would need
to have a public hearing on it.
Mayor Hindman opened
the public hearing.
Linda Hawes, 3007 Yorktown
Drive, said she drives the area all of the time and there is a lot of bicycle
traffic traveling to the MKT trail. She thought if the lanes are
narrowed, the bikers would be put in even more peril.
Greg Ahrens, a member
of the Bicycle/Pedestrian Commission, said he attended the all day workshop
that Mr. Burden conducted last year. He said some of what he is seeing
tonight does not look like anything Mr. Burden presented at the workshop.
Mr. Ahrens suggested narrowing the traffic lanes and putting in some bike
lanes. He thought it should be reviewed by the Commission and perhaps
have more hearings before passage.
Mayor Hindman closed
the public hearing.
Mr. Janku thought the
Council should proceed with what was offered, and then try to determine
what else can be done. He commented he was at the intersection not
too long ago, and as an adult he could figure out the light pattern, but
a lot of times children are not as familiar with left turn patterns.
He said it can be a pretty intimidating corner. Mr. Janku thought
the staff should figure out a less expensive way to try to work on a solution.
Mayor Hindman said
there are a lot of apartments in this location, and those residents would
be crossing at this intersection to frequent the various shops across the
street. Mayor Hindman said this would be a direct route, and that
is what people will take most often.
Mr. Campbell said the
City is always trying to fix something that should have been done differently.
He has heard many, many comments about the safety of the narrow lanes on
Providence Road, and he did not think they should make two bad situations
out of one situation. Mr. Campbell believed that is what would exist
if the traffic lanes are narrowed and a walkway is installed that would
probably have relatively little use.
Mrs. Crockett said
it was apparent Public Works had put some time in on this plan, and she
felt they should build it as proposed. If it is found not to work,
they could go back and perhaps do the north end of it. She said the
reason it was not planned to start with was because of the timing on the
signals.
Mayor Hindman said
another thing he would like to see was the crosswalks painted with big
white markings. He was happy to see the crosswalks at Stadium and
Forum, but it is just two white lines. He observed the crosswalks
at Tenth and Rogers are much more conspicuous and people tend to respect
them a great deal more. Mr. Kruse agreed.
Mr. Kruse said he would
support this plan, but was in favor of asking the staff to at least take
a look at the implications of making the curve sharper on the northeast
corner to see what affect it would have on the phasing of a light.
He said that might take away some of the concern the staff has.
B61-99 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:
SECTION 1. Subsequent to the adoption of a resolution by the City Council, declaring the necessity for pedestrian enhancement improvements at the intersection of Forum Boulevard and Chapel Hill Road and pursuant to the publication of the resolution in a daily newspaper of general circulation in the City of Columbia, Missouri, and the affidavit of publication filed; and after a public hearing as provided for in Section 75 of the Home Rule Charter, the Council finds and determines construction of such improvements, including the modification of existing channelization islands, reconstruction of the southeast corner truncation, construction of sidewalk ramps, and installation of crosswalks, all in accordance with the City of Columbia Street and Storm Sewer Specifications and Standards, is necessary for the welfare and improvement of the City and that it is in the public interest that such improvements be made.
SECTION 2. The plans and specifications for these improvements as prepared by the Department of Public Works and filed in the office of the City Clerk, are hereby approved, adopted and made a part hereof by reference as fully as if set forth herein verbatim.
SECTION 3. As deemed advisable by the City Manager pursuant to Section 70 of the City Charter, City employees shall be used to construct the improvements.
SECTION 4. Payment for this improvement shall be made from capital improvement sales tax funds and such other funds as may be lawfully appropriated.
SECTION 5. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B62-99 Amending
Chapters 13 and 22 of the Code to increase charges for sewage service.
The bill was given
second reading by the Clerk.
Prior to the November,
1997 ballot issue, Mr. Beck explained that the City developed a payback
plan for issuance of revenue bonds to finance a fairly long list of proposed
wastewater facility improvements. He said the first increase was
in 1998, and an increase was planned in 1999, with the last increase being
in the year 2001. At this point in time,the Public Works Department
is applying for a loan from the Department of Natural Resources, and the
Council needs to have a discussion on this issue prior to that to satisfy
their needs. Mr. Beck pointed out that the wastewater rates are adjusted
usually once a year based on residential water usage during December, January,
and February. He hoped the adjustments can be made at the same time.
Mayor Hindman opened
the public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B62-99 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:
SECTION 1. Chapter 13 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:
Material to be deleted in strikeout; material to be added underlined.
Sec. 13-192. Charges for disposal services.
(a) There shall be an extra strength charge for any acceptable liquid waste discharged into the designated disposal facility, as provided by section 22-263(b)(2) of this Code.
(b) The following charges shall be imposed for acceptable liquid waste generated within the city limits of Columbia which is discharged into the designated disposal facility:
(1) Waste activated sludge from package
wastewater
treatment plants and stabilization
pond sludge........$0.016 per gallon
(2) Portable/chemical toilet, domestic
holding tank,
septic tank and grease trap wastes.....................$0.03
per gallon
(3) Treatment service availability .......................$3.41 3.62 per load
. . .
SECTION 2. Chapter 22 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:
Material to be deleted in strikeout; material to be added underlined.
Sec. 22-263. Charges for sewage service.
...
(b) The monthly charges for residential and public authority customer classifications shall be based on the average monthly billing of water usage during the immediate preceding calendar months of January, February and March. Where such basis is not considered representative of sewage discharge for public authority customers, the provisions of section 27-19 of this Code or any other reasonable basis of estimating sewage discharge from such customers may be used. Commercial and industrial charges shall be based on one hundred (100) per cent of the monthly metered water used, except as otherwise provided in this Code.
(1) Basic sewage service charge. Each user of the wastewater system of the city shall pay for the use of such system monthly sewage service charges based on the following rates:
User Charge
Capital Charge
Portion
Portion Total
Service charge, per month:
All customers.... $2.8493
$0.6769 $3.5162
Quantity charge, per Ccf:
All volume.... 0.7072
0.13514 0.83586
Ccf = 100 cubic feet
(2) Extra strength charge. Wastewater
discharged to the wastewater system from commercial or industrial users
shall be subject to an extra strength charge when the BOD or total suspended
solids concentration exceeds three hundred (300) milligrams per liter (mg/l)
by weight. All analyses shall be performed on composite samples collected
at no less than hourly intervals over a twenty-four-hour period.
Extra strength charges shall be calculated based on one hundred (100) per cent of metered water use, except as otherwise provided in section 22-269 of this Code, in accordance with the following formula:
S = Vs x 0.00624 x [$0.104 107 (BOD - 300) + $0.071 073 (SS - 300)]
Where:
S
= Surcharge in dollars monthly.
Vs
= Sewage volume in 100 cubic feet per month.
0.00624
= Conversion factor for hundred cubic feet to million
pounds.
$0.104 107 =
Unit charge for BOD in dollars per pound; of which $0.08 083 represents
the user
charge portion and $0.024 represents capital
charges.
BOD
= BOD strength index in mg/l by weight.
300
= Allowed BOD and suspended solids
strengths in mg/l by weight.
$0.071
= Unit charge for suspended solids
in dollars per pound; of which $0.055 057 represents the
user charge portion and $0.016 017 represents capital charges.
SS
= Suspended solids strength index
in mg/l by weight.
. . .
SECTION 3. The new rates established in this ordinance shall be applied to utility bills beginning with the first cycle billed in June, 1999.
SECTION 4. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day
of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
(B) Voluntary
annexation of property located on the north side of Smith Drive, west of
Stone Valley
Parkway.
Item B was read by
the Clerk.
Mr. Beck explained
that this six acre tract of land is located in west Columbia. He
understood the applicants would be requesting single family zoning.
Mrs. Crockett asked
if the same property is all under one ownership. Mr. Hancock replied
that was correct, and added that it is called the Smith Farm. He
noted the tract in question will become part of the Stoneridge Estates.
Mrs. Crockett asked if this was the only portion that would become part
of Stoneridge Estates. Mr. Hancock said that was correct, at this
point. Mrs. Crockett asked whey the entire tract is not being considered.
Mr. Hancock said he did not know if the sale had occurred yet or not, but
the developer of Stoneridge Estates needs another way in and out of the
development. He said this tract would provide for that along with
some lots. He did not know if this individual would purchase the
rest of the farm.
Mr. Campbell asked
who would pay for the extension of Smith Drive since it does not extend
nearly that far. Mr. Beck assumed it would be charged out in accordance
with the City's collector street policy. Mr. Patterson said that
was correct, and added that staff has received an indication that there
is a request that the extension be constructed by tax bill in accordance
with collector street standards. Mr. Patterson commented the Council
would probably be seeing that request in the very near future.
Mayor Hindman opened
the public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
R51-99 Approving
the FY 1998 CDBG and HOME Performance Report.
The resolution was
read by the Clerk.
Mr. Beck noted that
the Council was sent a lengthy report, which the staff needs to produce
each year in accordance with HUD requirements. He said it also gives
the City an opportunity to consolidate information regarding occurrences
in the HUD area.
Mr. Janku pointed out
that Mr. Hancock had indicated in the past that there is a waiting list
for the rehabilitation of homes. He asked if that was still true.
Mr. Hancock said it is, but they are able to address it with both HOME
and CDBG funds. He said it is not quite the list it once was, probably
about a six month waiting list now.
Mayor Hindman opened
the public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
Mr. Janku asked if
the waiting list should continue and noted that the applicant for the Hanover
property is still on that list, in terms of approval for the state tax
credits. He asked if they would be considering making a decision
to move away from it. Mr. Janku was concerned about being under the
gun for not spending CDBG funds. Mr. Beck said he was not sure that
project was dead. He thought there was a good possibility that it
could still go forward. Mr. Hancock said he had talked to the Missouri
Housing Development Commission a couple of times about it, and they felt
it would go and that there will be some tax credits returned that they
will be able to take advantage of. He said they could discuss it
when they get our contracts with HUD and have the funding for 1999.
He said if something occurs at that time, it could be taken up with the
Council.
The vote on R51-99
was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU,
CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
SECTION 1. The City Council hereby approves the FY 1998 CDBG and HOME Performance Report.
SECTION 2. The City Manager is hereby authorized to submit the report to the Department of Housing and Urban Development.
ADOPTED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
OLD BUSINESS
R34-99 Authorizing
and directing City Manager to negotiate sale of city property to the Islamic
Center.
The resolution was
read by the Clerk.
Since the last meeting,
Mr. Beck explained that a proposal had been submitted by a representative
of the Islamic Center, which included reducing the strip of ground in question
to a lesser width and paying the City in cash for it. Another alternative
offered was to provide payment to the City, which the Center suggested
might be used for the Katy Station. The third alternate was a long-term
lease of the property. Mr. Beck said if the property is excavated
to any extent, the City would probably need to look at the aspects of the
environmental impact. He explained what would have to occur if environmental
contaminants were found on the property.
Mr. Campbell asked
about the expense of a clean-up and what had been spent cleaning the trail
head area. Mr. Beck said the second time around the estimated cost
is about $100,000. He said the City had been able to utilize some
Super Fund money on that particular clean-up. Ms. Coble asked if
it had been 100% funded. Mr. Beck said it was paid up to a certain
amount. Mr. Hood thought the City has to pay the first $10,000, and
then the Super Funds pay the next dollar amount up to a certain level --
which he thought to be $100,000, and then if the cost goes over that, the
City would have to pay some more. Mr. Campbell asked if the fund
was still available. Mr. Patterson said it was.
Mr. Coffman was interested
in knowing if the parking lots were to be removed, seeded and made into
green space, whether that would trigger the same environmental assessment.
Mr. Patterson said any excavation of the site, a known contamination area,
would require the remediation. He explained that was what had occurred
the last time, they removed the foundation of a building and that triggered
the remediation process. Mr. Patterson commented the simplest thing
is to have a Phase I assessment to determine what exists.
Mark Farnen, Woodruff
and Company, spoke as a representative of the Islamic Center on marketing
and public relations matters. He said his wife was going to give
a presentation on integrated land use for trails, but her plans changed.
She was going to talk about the aspects of recruiting, not dissuading,
cultural and historical buildings to be built along trails so as to enhance
and expand the use of them.
Mohammed Eldeib, Chairman
of the Board of Trustees, said if the Islamic Center is permitted to acquire
the land in question, it would allow them to provide important cultural
and educational programming and services, not only to their own members,
but to the community as a whole. Dr. Eldeib noted that, as
of today, more than 1,358 letters and signatures have been submitted to
the Council in support of their request. He referred to the three
alternatives that were presented last Monday and noted that their preference
would be the direct sale of the property.
Mazin Ayoubi, AIC Architects,
said since he had last appeared before the Council, he had met with the
Trail Committee and had then gone back to the drawing table. He said
they analyzed the vehicular traffic, the site access, the pedestrian traffic
and the orientation of the buildings with the religious and cultural value
requirements. In summary, Mr. Ayoubi explained that they have pushed
the building back about 20 feet to the east, allowing a more even alignment
with the building to the north. He said they have allowed only 45
feet to the west of the site for the expansion of the Center. He
said the site slopes from the east to the west and provides about ten feet
of difference between the existing grade and the beginning of the parking
lots. He explained that gives about a 14 foot drop from the entrance
of the Islamic Center to the beginning of the parking lot to the west.
Pushing the plans to the east have further reduced the parking capacity
from 120 to about 40 parking spaces.
Regarding the social
analysis of the site, Mr. Ayoubi explained that there has been an approximate
300% growth in the Muslim community over the past 15 years.
He said the educational and cultural needs are also growing, and as a place
of worship, Mr. Ayoubi reported the addition is necessary in order to reflect
the community's growth. He pointed out that the Center is a good
neighbor and its members have been good citizens.
Referring to the second
option, Mr. Ayoubi said if they had no additional footage to the west,
trying to fit the foot print of the building requirements in a way to fit
the site, would only leave about six parking spaces. Option three
gave a few more spaces, but with two different alternatives. He said
none of the alternatives really gives them any comfort of an urban design
space. Mr. Ayoubi explained the fifty feet is very much needed to
allow the Center, in a sensitive way, to expand its facility on the site.
Mr. Kruse asked for
a review of the amount of square footage in terms of the building foot
prints they have now, and what would exist after the buildings are constructed.
Mr. Ayoubi explained that the current building plans do not show any expansion
of the prayer hall, although an expansion is needed. He said the
expansion of the facility would incur between 20,000 and 25,000 square
feet of additional space in Phase I. Phase II would be the
educational wing, consisting of a two story building with a walk-out basement
(3 levels on the educational wing). With the store on one side and
the community hall being about 8,000 square feet, Mr. Ayoubi said the total
for the new additions would be approximately 32,000 square feet for the
foot print of the building, not including what is there now. Mr.
Kruse asked why he thought that figure had only been 18,000 square feet
in the past. Mr. Ayoubi suggested that might have been the floor
plan of only one area of the educational wing and the entryway.
Much discussion followed
about square footage using drawings to show the 32,000 square feet foot
print. Mr. Ayoubi explained that they took the same foot print and
pushed it more into the site. He said part of the community hall
is shown over the storm sewer in question.
Ms. Coble asked if
there had been any conversation with the City staff with regard to what
the requirements would be on any construction that would occur over the
large storm sewer underneath the Center's current property. Mr. Ayoubi
said there had been discussions at one time, and at the previous Council
meeting he had become aware that it was an option to build on top of it.
He understood the Center could build on this piece of property only after
the storm sewer is relocated.
Steve Jacobs, Co-Chair
person for the Social Justice Commission for the Newman Center, reported
that the Commission was supportive of the sale of land to the Islamic Center.
At the last meeting, he witnessed the Council honoring multiculturalism
in Columbia's schools. He said if the Council refuses to sell the
small strip of parking spaces to the Center, they would not only lose the
money paid at fair market value for the land, but also lose the offer of
the Islamic Center to help landscape the remaining land and build a bridge
over the creek. More important than losing the money and the assistance,
Mr. Jacobs said they would be risking alienating hundreds of Columbia
citizens that attend religious services there. He reported if the
Council votes to sell the land, they will be forming a cooperative partnership
and will create so much good will that the benefits of selling the parking
spaces will far outweigh any benefit from turning the extra strip of land
into green space. Mr. Jacobs felt that the Islamic Center has negotiated
openly and even modified their proposal to accommodate the Trail Head Committee.
He felt the only compromise the Committee had offered was to suggest that
the Center compromise even further so that their plan no longer meets the
needs of their growing faith community. He saw that as no compromise
at all, and said that it violates the instructions given to both groups
-- to come up with a compromise.
David Finke, newly
appointed Human Rights Commission member, said he had declared to the Commission
that he will have an active concern for following intergroup relations
in this city, particularly between religious groups and what the implications
might be, as well as proposed city actions as they affect a significant
minority community. Mr. Finke did not have a recommendation about
specific plans, but urged that there be a message of accommodation, encouragement,
and cooperation between governmental bodies and religious bodies.
Fred Crawford, 2704
Isherwood, said he would prefer to see the City retain the land and develop
it according to any plans they already have.
Melcazar Ayem, 2307
Cherry Ridge Lane, explained that she is a child psychiatrist and that
she has been practicing in Columbia for many years. She spoke in
support of the Center's request. She felt by having a cultural and
educational center at this location would be beneficial to the Islamic
Center and to the public at large. She said children are always interested
in learning about different cultures, and having a cultural center would
give adolescents a great opportunity to learn about various cultures instead
of walking the streets and getting in trouble. Ms. Ayem pointed out
that she has been an active member of the Islamic community since 1983,
and she has seen how the community has grown, as has their contribution
to the City and their needs. She said the Center has played a great
role in raising and educating her children.
Arej Sawani, 2601 Hillshire,
said for 15 years the Center has been the same size, while the number of
people attending the Center has increased. Extending the current
property by 50 feet she felt would make a big difference. Ms. Sawani
noted the precedent for selling public land to a private organization has
already been set as it has been done before. She realized losing
the parking spaces would be a problem, but pointed out there are two parking
garages nearby. Regarding green space, she said their project has
incorporated green space to make the entire area more pleasing to everyone
around it. Ms. Sawani said she has always been disturbed by the fact
that for 15 years that area of land had been essentially ignored, and when
the Center wanted to do something with it, it became an issue and many
other people then wanted to do something with it.
John Ott, Chair of
the MKT Trail Head Committee, respectfully requested that the Council not
consider selling this public land, potential green space, to any organization.
He said the Committee felt a better community need was to have public,
open green space in the downtown area. Mr. Ott commented the Committee
met with representatives of the Center on several occasions, and both sides
had similar interests. He reported the Center had been willing to
compromise, and offered to swap land in that area, several feet on the
west side of the property, in exchange for some land on the south side
of the property. He said that was not acceptable and apparently did
not make sense at the time to the Islamic Center. The Committee believes
this to be a land use issue, rather than an issue about multiculturalism.
Mr. Ott explained the Committee believes the Center's goals and plans are
worthy ones, and hope they follow-through and develop their project.
However, the Committee believes they can also do that on their own property.
Mr. Ott stated after talking with representatives from the Center, they
learned that they have 57,400 square feet. He believed that the conversation
this evening about how the property would be used had reflected some miscommunication,
perhaps unintentional, but there were contradictions. He said their
understanding was that the Center's need and their foot print was no more
than 24,000 square feet. Mr. Ott did not understand where the numbers
he heard earlier were coming from. Regardless, he said the Committee
felt there was plenty of space on the Islamic Center's existing property
to build a wonderful facility.
Ms. Coble asked if
the Committee has taken a formal position that the loss of 50 feet would
inhibit the ability of the remaining square footage to be used as a park.
Mr. Ott said he wished it was 50 square feet. He said the Center's
proposal would allow them a corridor through there, but what the Committee
is looking for is a park parcel. Ms. Coble said it would be 50 feet
by 300 feet in length. She said that would leave 70 square feet open.
Mr. Ott said the difference was a "Peace Park setting" versus a corridor
through the area next to a building. Ms. Coble said it would never
be the size of Peace Park. Mr. Ott agreed, and said the difference
would be comparably looking at a corridor versus a more rectangular type
of park with a significant amount of park space. Ms. Coble asked
if there has been any formal plan developed by the Committee for the usage.
Mr. Ott passed out a drawing which he said is just one idea. He reported
the Committee had felt it would be presumptuous of them, without any kind
of public input, to put together something in a final form.
Mr. Coffman asked if
there was any amount of space the Committee felt could be acceptably given
up for an educational center. Mr. Ott said the Committee believed
it would be a fair arrangement to swap 10 to 20 feet on the west side for
the full distance of 300 feet, with the opportunity to swap some on the
south side. He said it was their understanding there is a new storm
sewer along there where the Center could not build anyway.
Mr. Coffman asked if that would result in a net loss of any space, or if
it would be a gain. Mr. Ott said their goal was not to have a net
loss, but in the event it would allow and provide for space in a certain
direction that the Islamic Center needed, they thought a fair solution
would be to swap. Mr. Coffman asked if that would increase the land
space that would be available to the Islamic Center. Mr. Ott said
their position was to create that situation, but to also do it in a fashion
that would make it more space in a certain direction. Mr. Coffman
understood that they would have had about the same amount of area, but
it would be closer to the creek. Mr. Ott said that was correct, but
that had not been their first option. The first option had been to
have more of a rectangular park area, but in the spirit of compromise,
that had been one idea. Mr. Coffman asked if the Committee is prepared
to support removing the parking there and turning it into a park area.
He said in his contacts with the public he has heard overwhelming support
for that. Mr. Coffman noted he would feel terrible if he voted against
the request and it turns out to remain parking. He said that would
be clearly inferior to what an educational center could do for this community.
Mr. Ott said the Committee clearly supports the idea of having a park in
that area. He said it is their belief the community wants to see
the land remain in public hands, and also wants it to become a park.
He said they would love to have the approval from the Council to pursue
plans and potential funding for a park if it is decided the land is not
available for sale.
Nicholas Peckham, an
architect with offices at 15 S. Tenth, spoke about urban design.
He said that is understood to be the physical design of a city, whereas
city planning is sometimes thought of as the policy arm of implementing
an urban design strategy. One of the rules of urban design, was that
there is a tremendous advantage in having buildings come up to sidewalks
to face one another so that the public who walk on the sidewalks are fronted
by buildings they may have an opportunity to go in to, as opposed to a
parking lot. Mr. Peckham stated there are very important parks that
become the heart and soul of a downtown area. He said Columbia does
not happen to have one. Mr. Peckham explained that the Trail Head
committee had been appointed over a year ago to create a trail head park,
and in their meetings with the public, he said many people raised the question
that if this is going to be the trail head park, why it is not located
at the end of the trail. He said they worked hard with the City staff
to find a way to try to make that happen.
Ms. Coble noted that
the question before the Council is negotiation for sale of property or
retain the existing parking lot. She said that is the choice before
them. Ms. Coble reported the City has no plan or money for a park.
She said it is not in the long-range park plan, nor in the capital improvement
budget, and that it has never been discussed as a financial goal.
Fran Pope, 2407 Lynwood,
thought the topic of discussion this evening related to whether or not
the City retains parking spaces. She agreed that it is true there
are no plans for a park at this point. Although, she commented that
if the land is sold and it no longer belongs to the City, there is no future
to make it into a park. Ms. Pope said even though there is not a
distinct plan right now, there is certainly enough interest within
the community. As far as funds being available for developing a park,
Ms. Pope said those things always come with an idea -- like the green belt.
She said the issue is not about the Committee saying they do not want the
Islamic community to expand their building and school, because that would
be a very good thing to have happen. However, she felt that was possible
on the large tract of land the Center already owns.
Omar Mode, 703 E. University
Village, did not think there could be very much interest in a park if there
has not been a plan in place for some time. He did not think the
tract in question is a good place for a park because of the location.
Mr. Mode felt if the Center was allowed to build there, less litter would
be created and there would still be green space.
Ahmad Habieb, a practicing
cardiologist, said he has lived in Columbia since 1992, and one of the
biggest reasons he stayed was due to multicultural appreciation and the
acceptance of foreign immigrants like himself, and also because of the
Islamic Center that provided the education for his two children.
He said the school provides Islamic teachings to his children, which is
very important to preserve their heritage and culture. Mr. Habieb
acknowledged the Columbia Schools are great, but they lack that direction
in perseverance of religion and heritage. He said it is very
important to have the school and church attached to give children the growth
and education they need.
John Clark, 403 N.
Ninth, encouraged the Council to direct the staff to go into negotiations
with the Islamic Center for the purchase of the land or, if necessary,
for a long-term lease. He said the cultural museum facility being
proposed would fit in wonderfully with the plans the Council has already
adopted for the whole west end of downtown. He believed the tract
in question is too small to be developed into a park. Mr. Clark reported
no matter how things might get switched around, a park would still be around
a significant religious institution that has had major problems associated
with alcohol consumption. He did not think there should be so much
park land around this religious facility because it would be a constant
embarrassment to the City trying to enforce it.
Aasim Inshirah, 407
Hickman, said he spoke to the Mayor after a League of Women Voters public
forum relating to getting a grip on urban sprawl. He said the Mayor
had commented that one thing he would like to see remain in the center
of town was cultural facilities. Mr. Inshirah noted that is one of
the goals of the Islamic Center. He felt it is in the City's best
interest to sell the Center a 50 by 300 foot strip of land, rather than
have them go to some other part of the city to buy five or ten acres.
Greg Ahrens, 1504 Sylvan
Lane, supported the Islamic Center expansion.
Linda Hawes, 3007 Yorktown,
spoke about the Dudley Street Project in Boston. She reported the
plan in that case was to sell land to the community in order to promote
urban renewal. Ms. Hawes reported it has been very successful, and
she would like to see the City do the same for the Islamic Center.
Mark Farnen said that
Mr. Ott mentioned a difference of opinion regarding the size of the foot
print of the building and related how the mistake could have occurred.
He noted that through the course of meetings, the proposed building has
been redrawn four times. Mr. Farnen proceeded to explain where he
thought the miscalculation occurred. He said so many times both groups
were talking about the size of the parcel of land, as opposed to the size
of the building itself. He said the drawing that was presented to
the Trail Head Committee during discussions does two things the Center
did not think they could do -- tear down a house and build on a storm sewer.
Mr. Farnen referred
to three other issues that had been brought up this evening. One
such issue was raised by Ms. Coble regarding development according to the
plans the City already has. He thought that had been addressed sufficiently
in that there are no plans, nor is there a budget. Mr. Ott reported
there was one drawing presented by the MKT Trail Head Committee during
discussions that did provide for some green space, but when asked if it
would be a park or meeting space, the answer was that it would be a solid
surface meeting space -- it would be open space, but not green. Mr.
Farnen felt the Center's would be a better option from an environmental
standpoint -- to have a small, green riparian zone next to a creek rather
than a slab of concrete. Regarding the question by Mr. Coffman about
net gain or loss, Mr. Farnen said the answer was that it would be a net
gain, but there would be no net gain in space for the Islamic Center.
He said that was the only reason the Center came before the Council in
the first place, because they felt they needed more space. He said
the idea of a swap to trade an exact amount of property does absolutely
nothing to increase the Center's ability to build on the site. As
the drawings indicated, he said there is no way to do that in a realistic
manner regardless of the configuration of the land.
Mr. Ott conveyed everyone
has said the expansion is a good idea, not a bad idea. His point
was that it comes down to something else, sometimes it is placement and
other times it is philosophy. He said the argument is about principle,
and the principle is that the city should not sell land -- it should only
buy it. Mr. Ott asked what happens when principles collide, how would
it square with the City's stated principle that more cultural tourism in
downtown Columbia should be encouraged, or the principles that the City
should take pro-active measures to encourage diversity, or that economic
development is appropriate for the Flat Branch area, or that a green zone
next to a creek is preferable to a cement slab. Mr. Ott spoke about
several other principles, including a legal principle. He said the
Council passed an ordinance which specifically allows the sale of public
land to an adjacent property owner, and has never passed an ordinance which
specifically bars it. Mr. Ott reported when principles collide, you
abandon the one that does not fit, and that is what the Center is asking
the Council to do.
Ray Warren, 208 Sexton
Road, Chairperson of the Douglass Neighborhood Association, a member of
the Douglass Coalition, and a Minister, supported the Islamic Center's
expansion plans.
There was a discussion
about how much square footage would be devoted to museum/cultural type
activities. Mr. Ayoubi responded that cultural activities would encompass
about 50% of the space (of the entire foot print of the building).
He displayed the different layouts and discussed the sensitive cultural
and religious needs in the orientation of the building.
Mayor Hindman agreed
that under some circumstances, the City does sell public land, but it is
either surplus land there is no use for, or there is going to be a public
purpose that results from selling or leasing it. To him, it means
deciding which was the best public purpose -- selling it to a church or
keeping it open as a piece of public property with its potential for park
or whatever its eventual use will be. Mayor Hindman is very concerned
about the diversity, and also about the downtown area. He thought
it was great that the Islamic Center is downtown and he could not say enough
positive things about the group. The point was made about the area,
to a large extent, having been ignored, and when the Islamic Center comes
along it gains a great deal of attention. He reported he could give
a history of the MKT area which had been ignored for years. He said
that whole area, other than the Islamic Center and the Katy Station Restaurant,
had been ignored until things began to happen. Mayor Hindman explained
they are seeing the same sort of progressive change in this area as occurred
when the City acquired the old property on Fourth and Cherry Street (where
the old market square was located). He noted this had been a very
ignored area, but now the plans have been made, private funds have been
raised, and it is going to become the Trail Head Park. He related
the City hopes to acquire the Blind Boone Home as well.
Mayor Hindman commented
the tract in question tonight is the property that is to the east of Fourth
Street. He said that is the only location where the City owns property
east of Fourth Street, which would be the only site where there would be
an opportunity to expand the park. He believed that to be part of
the evolving success of the area. Mayor Hindman said he did not ignore
the good arguments put forward by members of the Islamic Center, but thought
the proper outcome, where there is a significant public use, was
to use this tract for park purposes.
Mr. Janku noted that
not too long ago a developer wanted to acquire three of the 500 acres of
Cosmo Park so he could straighten out the street and put a motel in.
He said the proposal was never even entertained at a Council meeting.
Mr. Janku felt the Council had done what they could as far as wrestling
with this issue. He was impressed with the design features of the
proposed building, and hoped it could be built there. He said the
problem as he saw it was that a building of that size coming that far toward
the trail would dominate the area. He did not see having open space
activities within five or ten feet of a large building. Mr. Janku
commented people expect to have open space in the open. He said another
thing to take into account was the impact the construction would have on
the area. Regardless of what is built there, he felt the City would
have to give easements at some point. Mr. Janku acknowledged although
it is true the City has never developed an effective plan for this area,
back in 1991 they were looking at the Flat Branch area and trying to figure
out how they could get the Farmer's Market downtown. He said a memo
from back then specifically talks about Fourth Street south of Cherry,
and about the spaces on that particular lot as a potential for a downtown
Farmer's market. Again, he said it was not a lot of green space,
but it was public space. Mr. Janku explained that idea has been circulating
in the community for a long time. He has tried to figure out what
the City could do to support the project, and he still felt there were
things the Center could eventually do. Mr. Janku reported there is
a great deal of parking available in the downtown area, and there are other
examples with existing policies and other things the City can look at if
parking is a concern. He said that would be consistent with other
institutions they have dealt with downtown.
Mr. Campbell said he
had been hoping for a miracle of some kind that would make the land available
to satisfy all needs. He noted that he has the highest regard for
the Islamic Center and for the work they are doing. He said they
are a vital part of the City of Columbia, and he would like to see them
have the facilities they need for their congregation. Mr. Campbell
related when the Trail Head Committee had first come to him and asked about
turning the tract into a park, he had asked them where they had been because
no planning had been done. At the same time, he told the Committee
he would give their ideas a fair hearing and consideration because that
also represents another important part of our community, one that is vital
and growing. Mr. Campbell thought the issue came down to parking.
He said there is space on the existing land for the Center to build, maybe
not ideally, but there is space. He thought it was a question of
who was going to be giving up parking -- the City or the Center.
Mr. Campbell felt the City should maintain its flexibility by allowing
higher density on the Islamic Center while keeping our options open.
Mr. Campbell said if there was not a new parking garage within a block
of the area, and the proposed University lot on the other side of it, he
might take a different position, but as of right now he felt the City should
not sell the land.
Mr. Coffman said this
was the most difficult decision he has been faced with since being on the
Council. He said the Islamic Center's plan is beautiful, and that
he would like to see the City do something to help the pioneers in the
Trail Head area to realize their dream. He also understands the advocates
of the Trail Head Park Committee. Mr. Coffman said it is a difficult
decision to compromise your dreams, and yet that was what both groups were
asked to do. He thought perhaps the situation could have been handled
better by appointing a mediator. He said a majority of the City would
have to be comfortable with the idea, and it needs to be a pretty overwhelmingly
obvious thing to most residents of the City. Mr. Coffman relayed
that is unfortunately not the case with this current proposal. He
has received a great deal of public comment, and the majority has been
in support of a public park in this location. He noted the Council
is not really faced with that decision, but in this vote they are faced
with the educational center or just the status quo -- parking. Between
the three ideas, he thought parking was not the best use. He agreed
with Mr. Campbell in that it has a lot to do with parking. Mr. Coffman
believed it begins with parking and ends with it. He hoped when all
is said and done, the City does not end up with a parking lot.
Mrs. Crockett commented
that property downtown is precious, and she has said from the beginning
she was against selling this particular tract. Mrs. Crockett has
now listened to both sides, and she believed it still comes back to the
fact that she did not think City land should be sold downtown. She
hoped the Islamic Center would go ahead with their building.
Mr. Kruse said he had
gone back and forth on the issue several times. He said the
issue for him, and always has been, whether or not the center could expand
adequately on the land they currently have. He was convinced tonight
that the Center cannot do that. Mr. Kruse noted they have all been
hoping for a compromise, and it occurred to him that they have one -- the
City will end up with an opportunity for a trail side park that is wider
than the Council Chamber, and it would be developed and landscaped at the
expense of the Islamic Center. In addition, the Center will be allowed
to use a design they feel very strongly about. Mr. Kruse reported
that seemed to be a compromise to him, and that was something the Council
always strives for. He planned to vote in favor of the sale.
Ms. Coble said she
would support the request to sell the property. She reported it has
been a privilege and an honor to work with the Islamic Center representatives.
She explained this had not been a hard decision, but in effect the easiest
decision for her. Ms. Coble has been very proud to represent those
of the Islamic Center and has been reminded of their value and worth to
our community, and certainly to the enrichment of the First Ward.
She knew of very few groups that would persevere as diligently, faithfully,
and as prayerfully as those she has had the privilege of working with.
She said whatever the issue, they addressed it. When the issue was
the environmental impact, Ms. Coble said she was reminded it was a member
of the Islamic Center who assisted the City in obtaining access to the
DNR Super Fund that led to the clean-up of the Trail Head Park. She
said there was a willingness to turn what is now paved into a green space
and deal with the environmental risk. She said everything they have
been asked to do they have done at great expense. Ms. Coble believed
that when the comments of her colleagues were made, that the majority of
the City has to be comfortable with the purchase, she also thought they
should look at the level of confusion the Council has allowed to occur
throughout the process. Ms. Coble thought a majority of the public
is still of a mind that the choice was the Islamic Center or the Trail
Head Park. She felt that their process supported that impression.
For that, she said she was sorry. Regarding the argument against
selling City land, Ms. Coble said there were those that hold the belief
that it should not be sold, but will vote to sell the Walton Building when
it comes up during the next year. She believed the Council set a
precedent when they took very valuable, downtown public land and decided
to change a design for a parking garage so they could accommodate a not-for-profit
organization (the Health Adventure Center), that has no staff, no budget,
and no formal plans in place. Ms. Coble relayed that many had said
it fits in really well with the City's design for downtown cultural tourism,
and we must go that way. She noted they have nothing to show for
it. Ms. Coble could not find a rational basis for turning down this
proposal. In addition, she has benefited from dealing with the Islamic
community in ways she had no idea about. Ms. Coble said it would
be her privilege to vote yes on the measure.
The vote on R34-99
was recorded as follows: VOTING YES: COBLE, KRUSE, COFFMAN.
VOTING NO: HINDMAN, JANKU, CROCKETT, CAMPBELL. Resolution defeated.
B51-99 Accepting
a conveyance for greenspace conservation purposes.
The bill was read by
the Clerk.
As a part of the agreement
with Habitat for Humanity, Mr. Beck explained that the City has allocated
$40,000 toward this development, and had requested that they provide a
conservation easement as a condition of the agreement.
B51-99 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:
SECTION 1. The City of Columbia accepts the following conveyance:
Grant of Greenspace Conservation Easement from Show-Me Central Habitat for Humanity, dated February 16, 1999, a copy of which, marked "Exhibit A" is attached to this ordinance.
SECTION 2. The City Clerk is authorized and directed to have the conveyance recorded in the office of the Boone County Recorder of Deeds.
SECTION 3. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B56-99 Voluntary
annexation of property located at 2720 and 2750 Mill Creek Terrace.
The bill was given
second reading by the Clerk.
Mr. Beck said these
two properties requested sewer connection as part of the voluntary
annexation process.
B56-99 was given third
reading with the vote recorded as follows: VOTING YES: HINDMAN, COBLE,
JANKU, CAMPBELL, KRUSE, COFFMAN. VOTING NO: NO ONE. ABSTAINING:
CROCKETT. Bill declared enacted, reading as follows:
SECTION 1. The City Council hereby finds that a verified petition was filed with the City on January 12, 1999, requesting the annexation of land which is contiguous and compact to the existing corporate limits of the City and which is described in Section 4 of this ordinance. This petition was signed by Bob R. and Bonnie F. Stewart, the sole owners of the fee interest of record in the land proposed to be annexed. A public hearing was held concerning this matter on March 1, 1999. Notice of this hearing was published more than seven days prior to the hearing in two newspapers of general circulation qualified to publish legal matters. At the public hearing all interested persons, corporations and political subdivisions were permitted to present evidence regarding the proposed annexation.
SECTION 2. The Council determines that the annexation is reasonable and necessary to the proper development of the City and that the City has the ability to furnish normal municipal services to the area to be annexed within a reasonable time.
SECTION 3. The Council determines that no written objection to the proposed annexation has been filed within fourteen days after the public hearing.
SECTION 4. The City Council hereby extends the city limits by annexing the land described in Section 1-11.61 of the Code of Ordinances of the City of Columbia, Missouri, which is hereby added to Chapter 1 of the City Code and which reads as follows:
Section 1-11.61. March, 1999 Extension of Corporate Limits.
The corporate limits of the City of Columbia shall include the following land:
Lots 6 and 7 of Mill Creek Terrace, Plat No. 3 as recorded in Plat Book 32 at Page 61 of the Boone County records.
SECTION 5. The City Clerk is hereby authorized and directed to cause three certified copies of this ordinance to be filed with the Clerk of Boone County, Missouri.
SECTION 6. The property described in Section 4 is in the Fifth Ward.
SECTION 7. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B57-99 Confirming
the contract for the Mill Creek/Rockbridge drainage project.
The bill was given
second reading by the Clerk.
Mr. Beck noted that
five bids had been received on this project, with the low bid coming from
N. J. Wilson Contracting, Inc. from Mexico, Missouri, in the amount of
$698,563.40. The staff recommends acceptance of the bid.
B57-99 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:
SECTION 1. The bid of N-J Wilson Contracting, Inc. in the amount of $ 698,563.40 for the construction of reinforced concrete boxes, pipes, inlets, catch basins, improved channels, grading and other miscellaneous work, all in accordance with City of Columbia Street and Storm Sewer Specifications and Standards, for storm drainage construction and improvements in the City of Columbia, Boone County, Missouri, all in accordance with the plans and specifications therefor, the laws of the State of Missouri, and the Charter and Ordinances of the City, is the bid of the lowest responsible bidder and is hereby accepted.
SECTION 2. The contract wherein the City Manager accepts the bid of and lets the contract for the improvement to the contractor is hereby confirmed.
SECTION 3. The City Manager is authorized and directed to obtain, execute and have recorded all contracts, licenses, easements, deeds and all other grants or conveyances necessary for construction of the improvement.
SECTION 4. Payment for this improvement shall be made from Storm Water Utility Funds and from such other funds as may be lawfully appropriated.
SECTION 5. The contractor shall give an approved surety bond to the City in an amount not less than the contract price, or a bond with two or more good and sufficient securities to be approved by the City Manager, conditioned that the contractor will faithfully and completely comply with all the terms and conditions of the contract, and that he will pay for all labor employed and materials used in the work provided for in the contract, and will hold the City harmless on account of any damage which may accrue to any person by reason of the negligence of the contractor in constructing the work and against liens growing out of the labor performed or materials furnished.
SECTION 6. The City shall cause to be inserted in the contract a stipulation to the effect that not less than the prevailing hourly rate of wages as determined by the Department of Labor and Industrial Relations of Missouri shall be paid to all workers performing work under the contract. The contractor's bond shall include such provisions as will guarantee the faithful performance of the prevailing hourly wage clause, as provided by the contract.
SECTION 7. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B58-99 Approving
Change Order No. 2 to the contract with Paric Corporation for the construction
of the 6th and Cherry parking garage.
The bill was given
second reading by the Clerk.
Mr. Beck said a detailed
report had been sent to the Council regarding this change order.
The total amount is $40,001.29. He noted that 25 issues had been
addressed by the staff and the architect relating to the change order.
B58-99 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:
SECTION 1. The
City Manager is hereby authorized and directed to
execute Change Order No. 2 to the contract
with Paric Corporation for the construction of the Sixth & Cherry Streets
parking garage.
SECTION 2. The nature and amount of the change is set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.
SECTION 3. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B59-99 Calling
for bids for the Oakland Gravel Road street improvement project.
The bill was given
second reading by the Clerk.
Mr. Beck explained
that the hearing had been held on this project in February. He said
the street will be brought up to collector street standards with curbs
and gutters. The estimated cost of the project is $611,000, and it
would be paid from the quarter per cent sales tax designated for roads.
B59-99 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:
WHEREAS, the resolution was published in a daily newspaper of general circulation in the city; and
WHEREAS, the City Council has held a public hearing on construction of the improvement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:
SECTION 1. The Council finds that the construction of asphaltic concrete pavement with portland cement concrete curbs and gutters or, in the alternative, portland cement concrete pavement with integral curbs each thirty-eight (38) feet wide, together with sidewalks, drive approaches, bridge work, storm drainage inlets and pipes and miscellaneous work, all in accordance with the City of Columbia Street and Storm Sewer Specifications and Standards, on Oakland Gravel Road from the end of improved pavement north of Smiley Lane, 1600 feet north, is necessary for the welfare and improvement of the City and that it is in the public interest that such improvement be made.
SECTION 2. The plans and specifications for this improvement, as prepared by the Director of Public Works and filed in the office of the City Clerk, are hereby approved and made a part of this ordinance.
SECTION 3. The construction of the improvement shall be done by contract in accordance with the plans and specifications, the laws of the State of Missouri, and the Charter and Ordinances of the City of Columbia, Missouri.
SECTION 4. The City Clerk is authorized and directed to advertise for bids for the construction of the improvement. The advertisement shall be published for seven (7) consecutive insertions in a daily newspaper of general circulation in the City of Columbia and shall state that the bids must be filed by 11:15 a.m. on April 6, 1999. The first publication of the advertisement shall be no later than March 26, 1999. The advertisement shall refer to the plans and specifications filed in the City Clerk's office and shall advise bidders of the method of payment for the improvement. The advertisement shall state that the Council reserves the right to reject any and all bids and that, in order to be considered, a bid must be accompanied by a certified check or bid bond with corporate surety for five percent (5%) of the amount of the bid, payable to the City of Columbia. All bids shall be opened by the City Clerk in the chambers where the City Council holds its regular meetings at 11:15 a.m. on April 6, 1999.
SECTION 5. Payment for this improvement shall be made by special tax bills evidencing special assessments against the property specially benefited by and abutting the improvement in the manner specified by the laws of the State of Missouri and the Charter and Ordinances of the City of Columbia, in an amount not to exceed $12.00 per abutting front foot; and the balance from Capital Improvement Sales Tax Funds, and such other funds as may be lawfully appropriated. The tax bills shall bear interest at a rate of nine percent (9%) from and after the date which is sixty days after their date of issue until paid in full and shall be a lien against the lot, parcel or tract of land benefited from the improvement and described in the tax bill for a period of ten years from the date of issue unless sooner paid.
SECTION 6. The City Manager is authorized to obtain, execute and have recorded all licenses, easements, deeds and any other conveyances or instruments necessary for the City to complete this improvement.
SECTION 7. The contract for the improvement shall provide that not less than the prevailing hourly rate of wages, as found by the Department of Labor and Industrial Relations of Missouri, shall be paid to all workmen performing work under the contract. The contractor's bond shall guarantee the faithful performance of the prevailing hourly wage clause in the contract.
SECTION 8. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B64-99 Amending
Chapter 11, Article IX of the Code relating to smoking in public places.
The bill was given
second reading by the Clerk.
Mr. Beck said this
recommendation was made once before by the Boone County Board of Health.
On the first occasion, the Council felt the language needed to be reviewed
because of possible confusion relating to people walking in front of buildings
who might be smoking. The bill has been redrafted and the Board is
now asking for implementation.
Michael Szewczyk, Chair
of the Board of Health, pointed out that this amendment is not a restriction
on smoking at people's houses. He said it is not a restriction in
all buildings, but a restriction just outside the doors of buildings which
limit smoking. He said if there is already a limit on the smoking
inside the building, it just allows access to those buildings. Dr.
Szewczyk reported the purpose of the amendment is to allow people to go
into a smoke free building without having to run through the smoker's gauntlet.
Mr. Campbell asked
if restaurants would fall under this category. Dr. Szewczyk replied
they would only if they have a non-smoking area. Mr. Campbell asked
about bowling alleys. Dr. Szewczyk said it would apply, but since
people can smoke inside, he was not sure why they would be hanging outside
the doorway. He said that people going to a non-smoking area could
access it. For restaurants, he noted the ordinance currently stipulates
that if a restaurant has a non-smoking area, they have to try to make it
accessible so that the non-smokers can get to this section without going
through the smoking area. Dr. Szewczyk commented the way this has
been handled in most restaurants is that 75% of the area is designated
for non-smoking patrons, and 25% for smoking. He said it is only
a small area and it certainly is not the majority.
Mrs. Crockett asked
about individual offices. Dr. Szewczyk thought the way the ordinance
reads now is that an individual office has to have a non-smoking area,
or is entirely non-smoking unless the workers are all smokers. She
asked if smokers would be restricted outside of the building. He
thought they would be, if there is limitation on the smoking.
He said if the building is a smoking building, then there would not be
a restriction.
Linda Cooperstock,
a Board of Health member, offered to answer any questions. She reported
she is most interested in people who are super-sensitive to smoke and children.
She said they should not have to go through a smoking cloud in order to
get in to businesses their parents have to go to on a regular basis.
Mr. Kruse asked if
the Board had discussed restaurants having a very narrow street frontage
that allows a non-smoking section, but also has outside seating.
He said one would not be able to sit outside that restaurant and be further
away than 20 feet from the door. He said that would virtually eliminate
smoking outside of restaurants or coffee houses. He gave Lakota as
an example of one that does not have smoking, but their patrons do smoke
outside. Mr. Kruse observed with this amendment, smoking could not
occur. Ms. Cooperstock said smokers would not be able to hover near
the front door. Ms. Coble asked about CC Broiler with their dining
area that is outside, which is the established smoking area for the restaurant.
Ms. Cooperstock said that would not be the front door. She said they
have an entryway, and she felt that would be the area in question.
Ms. Coble said there is a formal side entrance, and with this language,
restaurants would be prohibited from affording that to their customers.
Ms. Cooperstock said she would have to ask the attorney for legal interpretation,
but she thought it was part of the restaurant seating area that has been
designated as a smoking area. Ms. Coble explained that it is less
than 20 feet from an entrance. Mr. Boeckmann said it is still an
entrance to the structure. Ms. Cooperstock said the intent of this
ordinance is directed toward the businesses and the public buildings downtown,
and when it comes to these kinds of situations, common sense has to be
used. She said they are trying to target the clustering of employees.
Ms. Cooperstock said
she had been asked earlier today about enforcement. She said it would
be handled the same way as the rest of the ordinance, not a policeman issuing
tickets, but more citizen empowerment and complaint driven. She said
complaints can be directed to the Health Department.
Ms. Coble asked what
specific structures and existing public places the clustering is occurring
that may have motivated a complaint. Ms. Cooperstock said she had
not taken a survey, but there are work places that have complained.
She said the complaint had come to her from the Quarterdeck building, before
it was taken over by the University, was one such place (where DataStorm
employees worked). Ms. Coble said she was wondering if the Board
had a formal presentation of a complaint at a public hearing. Ms.
Cooperstock said they had not, it was more the general comment from people
coming to them requesting that a standard be developed that is being seen
in other cities. She said they had not had a stream of people coming
in to complain.
Mr. Janku asked what
cities have adopted similar ordinances. Ms. Cooperstock said a number
of cities in California, and other progressive states such as Minnesota,
have such an ordinance. Mr. Janku asked if these communities had
addressed some of the issues relating to smoking outside of structures.
Ms. Cooperstock said she did not know.
Dr. Szewczyk explained
that public hearings had been held when the smoking issue initially came
up. He said typed testimony is available through the City's Health
Department. He said this was one of the issues that had been discussed
at that time and why it was included with the original one. In terms
of other cities, Dr. Szewczyk pointed out that this is a very common ordinance,
and that the Board reviewed different ordinances from many other municipalities.
He thought that was done back in the mid-nineties.
Ms. Coble said the
greatest number of calls and general consternation she ever received from
those in the downtown area was when it was discovered by a City employee
that it was illegal to have chairs and tables on the sidewalks downtown,
which is so much a part of the ambience that people appreciate. She
asked Dr. Szewczyk if he would be amenable to some type of amendment that
made a distinction between a place that is serving food and beverages adjacent
to their entrance, as opposed to the distinction of people clustering around
a public building or place of employment. Dr. Szewczyk asked if she
meant excluding restaurants that have an outdoor cafe or outdoor seating
area. She replied yes. Dr. Szewczyk said he did not see where
that would be a problem because the cafe can always make the decision on
their own whether or not they want to make it smoke free or not.
He said the purpose of the ordinance is to keep smokers away from the entrance
of a building, so very easily the language could exclude outdoor seating.
Mr. Kruse asked if
a restaurant could prohibit smoking on the public sidewalk. Dr. Szewczyk
said they could, it is part of their seating and if they wanted to, they
could make it non smoking. He said it would not inhibit a restaurant
from making the whole restaurant smoke free. He said there are lots
of smoke free restaurants in Columbia.
Mr. Boeckmann said
he was not sure the answer to that question was yes. He thought the
ordinance probably referred to "on the premises".
Mr. Coffman made the
motion that B64-99 be amended by adding language to the end of the proposed
language reading " or to any person seated in an outdoor dining area".
Mr. Coffman reported
that would then give the restaurant the option. Ms. Coble wondered
if beverages was the same as dining.
The motion was seconded
by Mr. Janku.
Ms. Coble saw implementation
problems with the ordinance. She said all one would have to do in
the downtown environment , or in any environment where there are multiple
entrances, would be to pace or to keep moving. She did not believe
in passing an ordinance that cannot be enforced, or would have obvious
implementation problems. Ms. Coble acknowledged one of the things
she is most offended by is the amount of litter some discourteous smokers
generate. She said now a significant number of ash trays would have
to be placed within 20 feet of building entrances because otherwise there
will be clumps of cigarette butts on the ground.
The motion to amend
B64-99, made by Mr. Coffman, seconded by Mr. Janku, was approved unanimously
by voice vote.
B64-99, as amended,
was given third reading with the vote recorded as follows: VOTING YES:
HINDMAN, JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN. VOTING NO: COBLE.
Bill declared enacted, reading as follows:
SECTION 1. Chapter 11 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:
Material to be deleted in strikeout; material to be added underlined.
ARTICLE IX. SMOKING IN PUBLIC PLACES
Sec. 11-290. Restrictions.
Except as provided in this article, the possession of lighted smoking materials in any form including, but not limited to, the possession of lighted cigarettes, cigars, pipes, or other tobacco products, is unlawful in any of the following places used by or open to the public or serving as a place of work:
(1) Any commercial establishment including, but not limited to, retail stores, banks, office buildings, offices, and restaurants;
. . .
(12) Within twenty (20) feet of an entrance to any structure in which smoking is prohibited or limited by this article. This subsection shall not apply to any person in a motor vehicle or to any person merely passing by an entrance to a structure or to any person seated in an outdoor dining area.
SECTION 2. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B65-99 Amending
Chapter 16 of the Code by repealing Section 162 pertaining to distributing
handbills.
The bill was given
second reading by the Clerk.
Mr. Beck noted that
this would make the City compliant with a recent federal ruling.
Mr. Coffman said he
was happy to see this amendment because he said he had long thought the
ordinance violated the First Amendment.
B65-99 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:
SECTION 1. Chapter 16-162 of the Code of Ordinances of the City of Columbia, Missouri, is hereby amended as follows:
Material to be deleted in strikeout.
Sec. 16-162. Handbills.
It shall be unlawful for any person to distribute or place, or cause to be distributed or placed, on any street or sidewalk of the city any loose bills or circulars of an advertising nature. It shall further be unlawful for any person to distribute or place, or cause to be distributed or placed, on or in any private property or in automobiles or other vehicles, any loose bills or circulars of an advertising nature without having secured the prior consent of the owner thereof.
SECTION 2. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B66-99 Amending
the Pay Plan to establish the positions of Information Services Supervisor
I and
Information Services Supervisor II.
The bill was given
second reading by the Clerk.
Mr. Beck explained
that this ordinance would formally establish the position of Supervisor
of Joint Communications and Emergency Preparedness, as well as reorganizing
some positions in the Information Services department.
B66-99 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:
SECTION 1. The Pay Plan for Fiscal Year 1999 adopted by Ordinance 15753 is amended by adding the position of Information Services Supervisor I to pay grade 22, overtime exempt.
SECTION 2. The Pay Plan for Fiscal Year 1999 adopted by Ordinance 15753 is amended by adding the position of Information Services Supervisor II to pay grade 23, overtime exempt.
SECTION 3. The Information Services Fund authorized personnel provisions of the FY 1999 budget are amended by adding two (2) Information Services Supervisor II positions and one Information Services Supervisor I position and deleting three (3) Senior Programmer Analyst positions.
SECTION 4. The Pay Plan for FY 1999 adopted by Ordinance 15753 is amended by deleting the position of JCIC Administrator from pay grade 22, overtime exempt and adding the position of Emergency Communications and Management Administrator to pay grade 22, overtime exempt.
SECTION 5. The Joint Communications authorized personnel provisions of the FY 1999 budget are amended by deleting the position of JCIC Administrator and adding the position of Emergency Communications and Management Administrator.
SECTION 6. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
B67-99 Appropriating
funds donated by the Cosmo Club for the purchase of an American flag.
The bill was given
second reading by the Clerk.
Mr. Beck noted that
the Fire Department was in need of a new large American flag. He
said the Cosmopolitan Luncheon Club very generously donated $1,200 for
the purchase of such. Mr. Beck reported the Club has always been
very supportive of City programs.
B67-99 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:
SECTION 1. The sum of $ 1,200.00 is hereby appropriated from funds donated by the Cosmopolitan International Luncheon Club and placed in the Fire Department Contribution Account No. 753-8500-480.53-23 to the Public Education Miscellaneous Account No. 110-2342-513.13-95 for the purchase of an American flag.
SECTION 2. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
The following bills were given second reading and the resolutions were read by the Clerk.
B48-99 Approving
engineer's report for Capri Estates, Block 7 water main project; authorizing
payment of differential costs.
B49-99 Accepting
a conveyance; approving engineer's report for Smithton Ridge, Plat 1 water
main project; authorizing payment of differential costs.
B50-99 Accepting
conveyances for utility purposes.
B54-99 Approving
the final plat of Renaissance Meadows, Plat 2; authorizing a performance
contract.
B55-99 Vacating
utility easements within Cambridge Place Subdivision, Block 1; accepting
a
conveyance for utility purposes.
B63-99 Authorizing
the acquisition of land for the Scott Boulevard hazard elimination project.
R45-99 Setting
a public hearing: special assessments for extensive street maintenance
work.
R46-99 Setting
a public hearing: construction of southward extension of air carrier apron;
lead-out
to Taxiway A and modification to Gate #9 at Columbia Regional Airport.
R47-99 Setting
a public hearing: renovations to the Armory Building.
R48-99 Setting
a public hearing: water main relocation along Route B from Business Loop
70 to
Highway 63.
R49-99 Authorizing
an agreement with Bucher, Willis & Ratliff for engineering services
in
connection with FY99 improvements at Columbia Regional Airport.
R50-99 Authorizing
an amendment to the agreement with the Division of Family Services for
the
1998 Emergency Shelter Grant Program.
The bills were given third reading and the resolutions were 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:
SECTION 1. The Director of Finance is authorized to pay Steve Herigon Construction $ 424.42 for installing an 8-inch water main serving Capri Estates, Block 7. This amount is the differential cost of installing an 8-inch over a 6-inch main.
SECTION 2. The report of the Director of the Water and Light Department, who was charged with the responsibility of personally inspecting the work as it progressed to see that the work was done in accordance with the estimate, plans, specifications and contract, the ordinance governing the same and the Charter of the City, is hereby approved and accepted.
SECTION 3. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
SECTION 1. The City of Columbia accepts the following conveyance:
Deed of Dedication for water utility purposes from T.I.A.F., L.L.C., dated February 11, 1999, a copy of which, marked "Exhibit A" is attached to this ordinance.
SECTION 2. The City Clerk is authorized and directed to have the conveyance recorded in the office of the Boone County Recorder of Deeds.
SECTION 3. The Director of Finance is authorized to pay T.I.A.F., L.L.C. $ 35,759.68 for installing a 12-inch water main serving Smithton Ridge, Plat 1. This amount is the differential cost of installing a 12-inch over a 6-inch main.
SECTION 4. The report of the Director of the Water and Light Department, who was charged with the responsibility of personally inspecting the work as it progressed to see that the work was done in accordance with the estimate, plans, specifications and contract, the ordinance governing the same and the Charter of the City, is hereby approved and accepted.
SECTION 5. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15thday of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
SECTION 1. The City of Columbia accepts the following conveyances:
Deed of Dedication for water utility purposes from Daniel J. and Colleen S. Kliethermes, dated January 21, 1999, a copy of which, marked "Exhibit A" is attached to this ordinance.
Deed of Dedication for
water utility purposes from Harold E. Johnson Companies, Inc., dated February
8, 1999, a copy of which, marked "Exhibit B" is attached to this ordinance.
Deed of Dedication
for water utility purposes from Boone County National Bank, Trustee of
the Andrew J. Bass Irrevocable Trust; Thomas S. Bass, a single person;
First National Bank and Trust Company and Matt Spencer, co-trustee of the
George A. Spencer Revocable Trust for the benefit of Matt Spencer; and
First National Bank and Trust Company and Sean Spencer, co-trustee of the
George A. Spencer Revocable Trust for the benefit of Sean Spencer, dated
February 1, 1999, a copy of which, marked "Exhibit C" is attached to this
ordinance.
Grant of Easement for electric purposes from Stadium L.L.C., dated February 19, 1999, a copy of which, marked "Exhibit D" is attached to this ordinance.
SECTION 2. The City Clerk is authorized and directed to have the conveyances recorded in the office of the Boone County Recorder of Deeds.
SECTION 3. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
SECTION 1. The City Council hereby approves the Final Plat of Renaissance Meadows, Plat 2, dated November 10, 1997, located west of McKee Street, across from Ria Street, containing approximately 3.36 acres in the City of Columbia, Boone County, Missouri, and hereby authorizes and directs the Mayor and City Clerk to sign the plat evidencing such approval.
SECTION 2. The City Council hereby accepts the dedication of all rights-of-way and easements as dedicated upon the plat.
SECTION 3. The City Manager is hereby authorized to execute a performance contract with Harold R. Nowlin in connection with the approval of the Final Plat of Renaissance Meadows, Plat 2. The form and content of the contract shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.
SECTION 4. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
SECTION 1. The City Council finds and determines that a certain utility easement, more particularly described as follows:
The 16 foot wide utility easement across Lots 1, 9, 8, 7, 6, 5, 4, and 3 Cambridge PlaceSubdivision -Block 1, the centerline of which is further described as follows:
Beginning at a point on the easterly line of Lot 1 Cambridge Place Subdivision -Block 1 being N1°28'20"W 81.75 feet from the southeast corner thereof; thence leaving said line, N57°33'20"W 78.97 feet to a point on the westerly line of Lot 9 Cambridge Place Subdivision -Block 1, being S1°12'00"W 27 feet from the northwest corner thereof, thence along the westerly line of Lots 9, 8, 7, 6, 5, 4, and 3 Cambridge Place Subdivision -Block 1, N1°12'00"E 277.75 feet to the northwest corner of said Lot 3, the end of the centerline.
is in excess and surplus to the needs of the City and is hereby vacated.
SECTION 2. The City Council finds and determines that certain utility and water line easements, more particularly described as follows:
The 16 foot wide utility easement across Lots 11, 10, and part of Lot 2 Cambridge Place Subdivision -Block 1, the centerline of which is further described as follows:
Beginning at the southwest corner of Lot 11 Cambridge Place Subdivision -Block 1 thence N1°11'40"E, along the westerly line of Lot 11 and 10, 54.09 feet; thence, leaving said line, N8°18'40"E 53.00 feet; thence N55°48'20"E 49.00 feet to the end of the centerline.
The 20 foot wide water line easement across Lot 1 Cambridge Place Subdivision Block 1.
The 20 foot wide water line easement across Lot 2 Cambridge Place Subdivision Block 1.
are in excess and surplus to the needs of the City and are hereby vacated.
SECTION 3. The City Clerk is hereby authorized and directed to cause a copy of this ordinance to be recorded in the office of the Recorder of Deeds of Boone County, Missouri.
SECTION 4. The conveyance to the City of Columbia, Missouri, a municipal corporation, more particularly described as follows:
Grant of Easement from Somerset Properties, L.L.C., dated February 9, 1999, more particularly described in Exhibit "A" attached hereto and made a part hereof as fully as if set forth herein verbatim.
is hereby accepted.
SECTION 5. The City Clerk is hereby authorized and directed to have the conveyances recorded in the office of the Boone County Recorder of Deeds.
SECTION 6. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
WHEREAS, the Council deems it necessary for the welfare and improvement of the City and in the public interest that certain private property be acquired by negotiation or by condemnation for public improvement.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBIA, MISSOURI, AS FOLLOWS:
SECTION l. The City Council hereby declares the need to acquire land for permanent street easements, permanent drainage easements and temporary construction easements (which shall include the right to permanently alter the grade) to construct the Scott Boulevard Hazard Elimination project from the MKT Nature/Fitness Trail northward to Brookview Court. The land to be acquired is in the west half of Section 28 and the east half of Section 29, both in Township 48 North, Range 13 West, partly in the City of Columbia and partly in the unincorporated Boone County, Missouri, more particularly described as follows:
Parcel 1
Owner: Next Door Neighbors, L.L. C., A
Missouri Limited Liability Company
4112 Citation Drive
Columbia, MO 65202
Deed: Warranty Deed in book 1350 page 745
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 20 Bellview Acres Block No. 1, Replat # 1 recorded in plat book
10 page 176 of the Boone County records, further described as follows:
Beginning at the southeast corner of Lot 20 Bellview Acres Block No. 1, Replat # 1, thence N 86 29'50"W, along the southerly line thereof, 24.41 feet; thence leaving said line, N 1 11'30"W 23.89 feet; thence along a 7 15'09" curve to the right, 49.56 feet, the chord being N 0 36'20"E 49.55 feet; thence N 2 24'10"E 45.57 feet to the northerly line thereof; thence along the lines of said Lot 1, S 85 10'40"E 22.23 feet; thence S 0 08'00"E 118.59 feet to the beginning and containing 2,865 square feet or 0.07 acre.
Parcel 2
Owner: Indo-American Company c/o
Sarvjit S. Chowdhary
4250 Forum Boulevard
Columbia, MO 65203
Deed: Quit Claim Deed in book 705 page
577
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in the southwest 1/4 of Section 28 T48N R13W in Boone County, Missouri,
being part of the tract described by a survey recorded in book 474 page
521, further described as follows:
Beginning at the northwest corner of the tract of land described by a survey recorded in book 474 page 521, shown by said survey as being N 1 33'06"E 1,397.29 feet, S 84 38'54"E 11.11 feet, and N 2 00'59"E 319.7 feet from the southwest corner of Section 28-48-13; thence S 82 54'00"E, along the northerly line thereof, 55.44 feet; thence leaving said line, S 4 12'50"W 192.19 feet; thence along an 8 18'13" curve to the left, 43.29 feet, the chord being S 2 25'00"W 43.28 feet; thence S 0 37'10"W 32.10 feet to the northerly right-of-way of the old KATY railroad; thence N 84 41'10"W, along said right-of-way, 48.55 feet to the westerly line of said tract described by a survey recorded in book 474 page 521; thence along said line, N 2 02'40"E 269.54 feet to the beginning and containing 13,578 square feet or 0.31 acre.
Permanent Drainage Easement
(Project number 32-02-97)
A tract of land located
in the southwest 1/4 of Section 28 T48N R13W in Boone County, Missouri,
being part of the tract described by a survey recorded in book 474 page
521, further described as follows:
Starting at the northwest corner of the tract of land described by a survey recorded in book 474 page 521, shown by said survey as being N 1 33'06"E 1,397.29 feet, S 84 38'54"E 11.11 feet, and N 2 00'59"E 319.7 feet from the southwest corner of Section 28-48-13; thence S 82 54'00"E, along the northerly line thereof, 55.44 feet to the point of beginning.
From the point of beginning S 82 54'00"E, along the northerly line of the tract of land described by a survey recorded in book 474 page 521, a distance of 112.05 feet; thence leaving said line, S 7 06'00"W 20.00 feet; thence N 82 54'00"W 111.04 feet; thence N 4 12'50"E 20.02 feet to the beginning and containing 2,231 feet or 0.05 acre.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in the southwest 1/4 of Section 28 T48N R13W in Boone County, Missouri,
being part of the tract described by a survey recorded in book 474 page
521, further described as follows:
Starting at the northwest corner of the tract of land described by a survey recorded in book 474 page 521, shown by said survey as being N 1 33'06"E 1,397.29 feet, S 84 38'54"E 11.11 feet, and N 2 00'59"E 319.7 feet from the southwest corner of Section 28-48-13; thence S 82 54'00"E, along the northerly line thereof, 55.44 feet; thence leaving said line, S 4 12'50"W 20.02 feet to the point of beginning.
From the point of beginning S 82 54'00"E 4.01 feet; thence S 1 58'50"W 159.86 feet; thence N 88 01'10"W 10.25 feet; thence N 4 12'50"E 160.34 feet to the beginning and containing 1,140 square feet or 0.03 acre.
Parcel 3
Owner: Bert F. and Linda K. Thomas,
husband and wife
P.O. Box 752
Columbia, MO 65205
Deed: Warranty Deed in book 1358 page 991
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 1 Bellview Acres Block No. 1, Replat # 1 recorded in plat book 10
page 176 of the Boone County records, further described as follows:
Beginning at the southeast corner of Lot 1 Bellview Acres Block No. 1, Replat #1, thence N 85 10'40"W, along the southerly line thereof, 20.01 feet; thence leaving said line, N 2 24'10"E 120.07 feet to the northerly line thereof; thence along the lines of said Lot 1, S 85 10'40"E 14.67 feet; thence S 0 08'00"E 120.51 feet to the beginning and containing 2,082 square feet or 0.05 acre.
Parcel 4
Owner: Forrest - Heckman Properties, L.L.C.,
A Missouri Limited Liability Company
307 E. Ash
Columbia, MO 65201
Deed: Warranty Deed in book 1400 page 846
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 21 Bellview Acres Block No. 2, recorded in plat book 10 page
141 of the Boone County records, further described as follows:
Beginning at the southeast corner of Lot 21 Bellview Acres Block No. 2, thence N 85 10'40"W, along the southerly line thereof, 14.67 feet; thence leaving said line, N 2 24'10"E 84.73 feet; thence along an 8 18'13" curve to the left, 28.22 feet, the chord being N 1 13'50"E 28.22 feet; thence N 0 03'30"E 7.25 feet to the northerly line thereof; thence along the lines of said Lot 21, S 85 17'40"E 10.21 feet; thence S 0 08'00"E 120.51 feet to the beginning and containing 1,452 square feet or 0.03 acre.
Permanent Drainage Easement
(Project number 32-02-97)
A tract of land located
in Lot 21 Bellview Acres Block No. 2, recorded in plat book 10 page
141 of the Boone County records, further described as follows:
Beginning at a point on the northerly line of Lot 21 Bellview Acres Block No. 2, being N 85 17'40"W 10.21 feet from the northeast corner thereof; thence leaving said line, S 0 03'30"W 4.09 feet; thence N 40 34'00"W 5.79 feet to the northerly line of said Lot 21; thence S 85 17'40"E, along said line, 3.78 feet to the beginning and containing 8 square feet.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in Lot 21 Bellview Acres Block No. 2, recorded in plat book 10 page
141 of the Boone County records, further described as follows:
Beginning at a point on the northerly line of Lot 21 Bellview Acres Block No. 2, being N 85 17'40"W 13.99 feet from the northeast corner thereof; thence leaving said line, S 40 34'00"E 5.79 feet; thence S 0 03'30"W 3.16 feet; thence along an 8 18'13" curve to the right, 12.13 feet, the chord being S 0 33'50"W 12.13 feet; thence N 40 26'50"W 27.40 feet to the northerly line of said Lot 21; thence S 85 17'40"E, along said line, 14.18 feet to the beginning and containing 166 square feet.
Parcel 5
Owner: Elizabeth L. Pattison
3404 Augusta
Columbia, MO 65203
Deed: Quit-Claim Deed in book 1443 page
477
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 11a Ashby West II recorded in plat book 24 page 39 of
the Boone County records, further described as follows:
Beginning at the southwest corner of Lot 11a Ashby West II, thence along the lines of said Lot 11a, N 2 04'00"E 134.00 feet; thence S 82 54'00"E 10.22 feet; thence leaving the line of said Lot 11a, along a 7 15'09" curve to the right, 25.36 feet, the chord being S 3 17'40"W 25.36 feet; thence S 4 12'50"W 108.32 feet to the southerly line thereof; thence N 82 54'00"W, along said line, 5.60 feet to the beginning and containing 1,080 square feet or 0.02 acre.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in Lot 11a Ashby West II recorded in plat book 24 page 39 of the Boone
County records, further described as follows:
Beginning at a point on the southerly line of Lot 11a Ashby West II, being S 82 54'00"E 5.60 feet from the southwest corner thereof, thence N 4 12'50"E 108.32 feet; thence along a 7 15'09" curve to the left, 25.36 feet to the northerly line of said Lot 11a, the chord being N 3 17'40"E 25.36 feet; thence S 82 54'00"E, along said line, 9.78 feet; thence leaving the line of said Lot 11a, S 5 24'50"W 133.54 feet to the southerly line thereof; thence N 82 54'00"W, along said line, 6.57 feet to the beginning and containing 1,068 square feet or 0.02 acre.
Parcel 6
Owner: Daniel P. & Christina
G. Kellar
5403 Dalcross Drive
Columbia, MO 65203
Deed: Warranty Deed in book 1216 page 327
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 49 Bellview Acres Block No. 2, recorded in plat book 10 page
141 of the Boone County records, further described as follows:
Beginning at the southeast
corner of Lot 49 Bellview Acres Block No. 2, thence N 85 17'40"W,
along the southerly line thereof, 10.04 feet; thence leaving said line,
N 0 03'50"E 120.26 feet to the northerly line thereof; thence along
the lines of said Lot 49, S 85 17'40"E 9.62 feet; thence S 0 08'00"E
120.30 feet to the beginning and containing 1,179 square feet or 0.03 acre.
Parcel 7A
Owner: Lloyd L. Bennett, Trust
2109 Calvert Hill Road
Columbia, MO 65202
Deed: Warranty Deed in book 516 page
201
Permanent Street Easement
(Project number 32-02-97)
A tract of land located in Lot 1A Ashby West Block A, recorded in plat book 18 page 42 of the Boone County records, further described as follows:
Beginning at the northwest corner of Lot 1A Ashby West Block A, thence S 82 54'00"E, along the northerly line of said Lot 1A, 9.63 feet; thence leaving said line, S 1 52'20"W 50.86 feet to the southerly line of said Lot 1A; thence, along the lines of said Lot 1A, N 84 24'50"W 9.78 feet; thence N 2 04'00"E 51.10 feet to the beginning and containing 493 square feet or 0.01 acre.
Parcel 7B
Owner: Lloyd L. Bennett, Trust
2109 Calvert Hill Road
Columbia, MO 65202
Deed: Warranty Deed in book 516 page
201
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 1B Ashby West Block A, recorded in plat book 18 page 42 of
the Boone County records, further described as follows:
Beginning at the northwest corner of Lot 1B Ashby West Block A, thence S 84 24'50"E, along the northerly line of said Lot 1B, 9.78 feet; thence leaving said line, S 1 52'20"W 16.38 feet to the southerly line of said Lot 1B; thence, along the lines of said Lot 1B, N 84 33'10"W 9.83 feet; thence N 2 04'00"E 16.40 feet to the beginning and containing 160 square feet.
Parcel 7C
Owner: Lloyd L. Bennett, Trust
2109 Calvert Hill Road
Columbia, MO 65202
Deed: Warranty Deed in book 516 page
201
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 1C Ashby West Block A, recorded in plat book 18 page 42 of the Boone
County records, further described as follows:
Beginning at the northwest corner of Lot 1C Ashby West Block A, thence S 84 33'10"E, along the northerly line of said Lot 1C, 9.83 feet; thence leaving said line, S 1 52'20"W 15.77 feet to the southerly line of said Lot 1C; thence, along the lines of said Lot 1C, N 84 26'40"W 9.89 feet; thence N 2 04'00"E 15.75 feet to the beginning and containing 155 square feet.
Parcel 7D
Owner: Lloyd L. Bennett, Trust
2109 Calvert Hill Road
Columbia, MO 65202
Deed: Warranty Deed in book 908 page
255
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 1D Ashby West Block A, recorded in plat book 18 page 42 of the Boone
County records, further described as follows:
Beginning at the northwest corner of Lot 1D Ashby West Block A, thence S 84 26'40"E, along the northerly line of said Lot 1D, 9.89 feet; thence leaving said line, S 1 52'20"W 51.03 feet to the southerly line of said Lot 1D; thence, along the lines of said Lot 1D, N 82 54'00"W 10.08 feet; thence N 2 04'00"E 50.75 feet to the beginning and containing 507 square feet or 0.01 acre.
Parcel 8
Owner: GTE Midwest Incorporated
19845 US 31 North, INAAALA
Westfield, IN 46074
Deed: Warranty Deed in book 1172 page 825
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 90 Country Hill Subdivision Plat No. 1 recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at the southeast corner of Lot 90 Country Hill Subdivision, thence N 84 46'20"W, along the southerly line thereof, 40.76 feet; thence leaving said line, N 0 26'50"E 120.42 feet to the northerly line thereof; thence along the lines of said Lot 90, S 84 46'20"E 40.42 feet; thence S 0 17'00"W 120.45 feet to the beginning and containing 4,871 square feet or 0.11 acre.
Permanent Drainage Easement
(Project number 32-02-97)
A tract of land located
in Lot 90 Country Hill Subdivision Plat No. 1 recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at a point on the northerly line of Lot 90 Country Hill Subdivision, being N 84 46'20"W 40.42 feet from the northeast corner thereof, thence S 0 26'50"W 8.00 feet; thence N 52 35'50"W 14.97 feet to the northerly line thereof; thence S 84 46'20"E, along said line, 12.00 feet to the beginning and containing 48 square feet.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in Lot 90 Country Hill Subdivision Plat No. 1 recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at a point on the southerly line of Lot 90 Country Hill Subdivision, being N 84 46'20"W 40.76 feet from the southeast corner thereof, thence N 84 46'20"W, along the southerly line thereof, 5.02 feet; thence leaving said line, N 0 26'50"E 109.38 feet; thence N 51 43'00"W 20.17 feet to the northerly line thereof; thence along said line, S 84 46'20"E 9.00 feet; thence leaving said line, S 52 35'20"E 14.97 feet; thence S 0 26'50"W 112.42 feet to the beginning and containing 642 square feet or 0.01 acre.
Parcel 9
Owner: Thomas R. and Barbara Kochtanek
1275 Sunset Drive
Columbia, MO 65203
Deed: Warranty Deed in book 599 page
744
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in the southwest 1/4 of Section 28 T48N R13W in Boone County, Missouri,
being part of Tract 1 of a survey recorded in book 1025 page 420, further
described as follows:
Beginning at the northwest corner of Tract 1 of a survey recorded in book 1025 page 420, shown by said survey as being S 88 51'00"E .48 feet and S 0 26'30"E 336.18 feet from the west 1/4 corner of Section 28-48-13; thence S 83 31'30"E, along the northerly line of said Tract 1, 58.66 feet; thence leaving said line, S 0 27'30"W 284.38 feet to the southerly line of said Tract 1; thence along the lines of said Tract 1, N 84 11'00"W 59.84 feet; thence N 0 43'30"E 280.06 feet; thence N 0 26'30"W 4.88 feet to the beginning and containing 16, 772 square feet or 0.39 acre.
Parcel 10
Owner: Marsh Building Company
P.O. Box 1034
Columbia, MO 65205
Deed: Warranty Deed in book 698 page 399
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 89 Country Hill Subdivision Plat No. 1 recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at the southeast corner of Lot 89 Country Hill Subdivision, thence N 84 46'20"W, along the southerly line thereof, 40.28 feet; thence leaving said line, N 0 26'50"E 120.42 feet to the northerly line thereof; thence along the lines of said Lot 89, S 84 46'20"E 39.94 feet; thence S 0 17'00"W 120.44 feet to the beginning and containing 4,813 square feet or 0.11 acre.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in Lot 89 Country Hill Subdivision Plat No. 1 recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at a point on the southerly line of Lot 89 Country Hill Subdivision, being N 84 46'20"W 40.28 feet from the southeast corner thereof, thence N 84 46'20"W, along the southerly line thereof, 9.50 feet; thence leaving said line, N 0 48'00"E 120.36 feet to the northerly line thereof; thence along said line, S 84 46'20"E 8.75 feet; thence leaving said line, S 0 26'50"W 120.42 feet to the beginning and containing 1,095 square feet or 0.03 acre.
Parcel 11
Owner: Shih-Hui Liu Trust
4114 Weston Drive
Columbia, MO 65203
Deed: Warranty Deed in book 1313 page 490
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 340 Katy Lake Estates Plat 3, recorded in plat book 28 page
74 of the Boone County records, further described as follows:
Beginning at the southwest corner of Lot 340 Katy Lake Estates Plat 3, recorded in plat book 28 page 74, thence along the lines of said Lot 340, N 0 03'15"E 163.58 feet; thence N 66 12'35"E 13.93 feet; thence, leaving the lines of said Lot 340, S 0 26'30"W 170.52 feet to the southerly line of said Lot 340; thence N 83 31'35"W, along said line, 11.65 feet to the beginning and containing 2,030 square feet or 0.05 acre.
Parcel 12
Owner: Janet L. Loch, a single person
4360 Bainbridge Court
Columbia, MO 65203
Deed: Quit-Claim Deed in book 1459 page
707
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 65 Country Hill Subdivision Plat No. 1 recorded in plat book 11
page 33 of the Boone County records, further described as follows:
Beginning at the southeast corner of Lot 65 Country Hill Subdivision Plat No. 1 thence N 84 46'20"W, along the southerly line thereof, 39.94 feet; thence leaving said line, N 0 26'50"E 83.52 feet to the northerly line thereof; thence along the lines of said Lot 65, S 60 47'40"E 45.19 feet; thence S 0 17'00"W 65.11 feet to the beginning and containing 2,949 square feet or 0.07 acre.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in Lot 65 Country Hill Subdivision Plat No. 1 recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at a point on the southerly line of Lot 65 Country Hill Subdivision, being N 84 46'20"W 39.94 feet from the southeast corner thereof, thence N 84 46'20"W, along the southerly line thereof, 8.75 feet; thence leaving said line, N 0 48'00"E 87.28 feet to the northerly line thereof; thence along said line, S 60 47'40"E 9.34 feet; thence leaving said line, S 0 26'50"W 83.52 feet to the beginning and containing 723 square feet or 0.02 acre.
Parcel 13
Owner: J. Michael and Michelle Metts,
husband and wife
4340 Bainbridge Court
Columbia, MO 65203
Deed: Warranty Deed in book 1231
page 633
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 64 Country Hill Subdivision Plat No. 1 recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at the southeast corner of Lot 64 Country Hill Subdivision, thence N 60 47'40"W, along the southerly line thereof, 45.19 feet; thence leaving said line, N 0 26'50"E 184.17 feet to the northerly line thereof; thence along the lines of said Lot 64, N 62 56'50"E 43.93 feet; thence S 0 17'00"W 226.20 feet to the beginning and containing 8,061 square feet or 0.19 acre.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in Lot 64 Country Hill Subdivision Plat No. 1 recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at a point on the southerly line of Lot 64 Country Hill Subdivision, being N 60 47'40"W 45.19 feet from the southeast corner thereof, thence N 60 47'40"W, along the southerly line thereof, 9.34 feet; thence leaving said line, N 0 48'00"E 175.99 feet to the northerly line thereof; thence along said line, N 62 56'50"E 8.00 feet; thence leaving said line, S 0 26'50"W 184.17 feet to the beginning and containing 1,376 square feet or 0.03 acre.
Parcel 14
Owner: Kathleen S. Dufur, a single
person
3309 Laketown
Columbia, MO 65203
Deed: Warranty Deed in book 1302 page 1000
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 341 Katy Lake Estates Plat 3, recorded in plat book 28 page
74 of the Boone County records, further described as follows:
Beginning at the southwest corner of Lot 341 Katy Lake Estates Plat 3 thence along the lines of said Lot 341, N 0 03'15"E 135.81 feet; thence N 84 12'50"E 13.70 feet; thence, leaving the lines of said Lot 341, S 0 26'30"W 131.58 feet to the southerly line of said Lot 341; thence S 66 12'35"W, along said line, 13.93 feet to the beginning and containing 1,761 square feet or 0.04 acre.
Parcel 15
Owner: Jerome P. and Joyce Marie
Gerke, husband and wife
4361 Bainbridge Court
Columbia, MO 65203
Deed: Warranty Deed in book 636 page
634
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 63 Country Hill Subdivision Plat No. 1 recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at the southeast corner of Lot 63 Country Hill Subdivision, thence S 62 56'50"W, along the southerly line thereof, 43.93 feet; thence leaving said line, N 0 26'50"E 70.13 feet to the northerly line thereof; thence along the lines of said Lot 64, S 89 42'20"E 38.83 feet; thence S 0 17'00"W 49.95 feet to the beginning and containing 2,336 square feet or 0.05 acre.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in Lot 63 Country Hill Subdivision, recorded in plat book 11 page
33 of the Boone County records, further described as follows:
Beginning at a point on the southerly line of Lot 63 Country Hill Subdivision, being S 62 56'50"W 43.93 feet from the southeast corner thereof, thence S 62 56'50"W, along the southerly line thereof, 5.64 feet; thence leaving said line, N 0 26'50"E 72.73 feet to the northerly line thereof; thence along said line, S 89 41'40"E 5.00 feet; thence leaving said line, S 0 26'50"W 70.13 feet to the beginning and containing 357 square feet or 0.01 acre.
Parcel 16
Owner: John D. and Suzanne C. Sullivan,
husband and wife
3409 Scott Boulevard
Columbia, MO 65203
Deed: Warranty Deed in book 637 page
740
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in the northeast 1/4 of Section 29 T48N R13W in Boone County, Missouri,
being part of the tract described by a survey recorded in book 379 page
28, further described as follows:
Beginning at the northeast corner the tract described by a survey recorded in book 379 page 28, shown by said survey as being S 84 26'00"E 2,615 feet, S 0 15' W 1,235.4 feet, S 0 44'E 1,113.3 feet, and S 0 08'E 221.8 feet from the north 1/4 corner of Section 29-48-13; thence along the lines of said tract, S 0 08'00"E 88.27 feet; thence S 89 52'00"W 13.65 feet; thence leaving said line, N 0 17'30"W 88.27 feet to the northerly line of said tract; thence N 89 52'00"E, along said line, 13.90 feet to the beginning and containing 1,216 square feet or 0.03 acre.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in the northeast 1/4 of Section 29 T48N R13W in Boone County, Missouri,
being part of the tract described by a survey recorded in book 379 page
28, further described as follows:
Starting at the northeast corner the tract described by a survey recorded in book 379 page 28, shown by said survey as being S 84 26'00"E 2,615 feet, S 0 15' W 1,235.4 feet, S 0 44'E 1,113.3 feet, and S 0 08'E 221.8 feet from the north 1/4 corner of Section 29-48-13; thence S 89 52'00"W, along the northerly line of said tract, 13.90 feet to the point of beginning.
From the point of beginning, leaving said northerly line, S 0 17'30"E 65.00 feet; thence S 89 52'00"W 40.00 feet; thence N 0 16'30"W 65.00 feet to the northerly line of said tract; thence N 89 52'00"E, along said line, 40.00 feet to the beginning and containing 2,600 square feet or 0.06 acre.
Parcel 17
Owner: William C. Lucas, Jr. and
Laura Kramer-Lucas, husband and wife
3407 Scott Boulevard
Columbia, MO 65203
Deed: Warranty Deed in book 1296
page 239
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in the northeast 1/4 of Section 29 T48N R13W in Boone County, Missouri,
being part of the tract described by a survey recorded in book 374 page
723, further described as follows:
Starting at the northeast corner the tract described by a survey recorded in book 374 page 723, shown by said survey as being S 84 26'00"E 2,615 feet, S 0 15' W 1,235.4 feet, S 0 44'E 1,113.3 feet, and S 0 08'E 45.2 feet from the north 1/4 corner of Section 29-48-13; thence S 0 08'00"E, along the easterly line of said tract, 10.00 feet to the northeast corner of a tract of land described by a warranty deed recorded in book 1296 page 239, the point of beginning.
From the point of beginning, continuing along the lines of the tract described by a survey recorded in book 374 page 723, S 0 08'00"E 166.55 feet; thence S 89 52'00"W 13.90 feet; thence leaving said line, N 0 17'30"W 83.73 feet; thence N 3 02'50"W 82.92 feet to the northerly line of the tract described by a warranty deed recorded in book 1296 page 239; thence N 89 52'00"E, along said line, 18.34 feet to the beginning and containing 2,518 square feet or 0.06 acre.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in the northeast 1/4 of Section 29 T48N R13W in Boone County, Missouri,
being part of the tract described by a survey recorded in book 374 page
723, further described as follows:
Starting at the northeast corner the tract described by a survey recorded in book 374 page 723, shown by said survey as being S 84 26'00"E 2,615 feet, S 0 15' W 1,235.4 feet, S 0 44'E 1,113.3 feet, and S 0 08'E 45.2 feet from the north 1/4 corner of Section 29-48-13; thence S 0 08'00"E, along the easterly line of said tract, 10.00 feet to the northeast corner of a tract of land described by a warranty deed recorded in book 1296 page 239; thence S 89 52'00"W, along the northerly line of said tract, 18.34 feet to the point of beginning.
From the point of beginning, leaving said northerly line, S 3 02'50"E 50.03 feet; thence S 89 52'00"W 24.56 feet; thence N 2 16'30"W 50.00 feet to the northerly line of said tract; thence N 89 52'00"E, along said line, 23.88 feet to the beginning and containing 1,210 square feet or 0.03 acre.
Parcel 18
Owner: Narayanan and Maheswari Ravindran,
husband and wife
1313 Garden Court
Columbia, MO 65203
Deed: Collector's Deed for Taxes in book
1248 page 491
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in the northeast 1/4 of Section 29 T48N R13W in Boone County, Missouri,
being part of the tract described by a survey recorded in book 374 page
723, further described as follows:
Beginning at the northeast corner the tract described by a survey recorded in book 374 page 723, shown by said survey as being S 84 26'00"E 2,615 feet, S 0 15' W 1,235.4 feet, S 0 44'E 1,113.3 feet, and S 0 08'E 45.2 feet from the north 1/4 corner of Section 29-48-13; thence S 0 08'00"E, along the easterly line of said tract, 10.00 feet to the southeast corner of a tract described by a collector's deed for taxes recorded in book 1248 page 491; thence S 89 52'00"W, along the southerly line of said tract, 18.34 feet; thence leaving said line, N 3 02'50"W 10.01 feet to the northerly line of said tract; thence N 89 52'00"E, along said line, 18.85 feet to the beginning and containing 186 square feet.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in the northeast 1/4 of Section 29 T48N R13W in Boone County, Missouri,
being part of the tract described by a survey recorded in book 374 page
723, further described as follows:
Starting at the northeast corner the tract described by a survey recorded in book 374 page 723, shown by said survey as being S 84 26'00"E 2,615 feet, S 0 15' W 1,235.4 feet, S 0 44'E 1,113.3 feet, and S 0 08'E 45.2 feet from the north 1/4 corner of Section 29-48-13; thence S 89 52'00"W, along the northerly line of said tract, 18.85 feet to the point of beginning.
From the point of beginning S 3 02'50"E 10.01 feet to the southerly line of a tract described by a collector's deed for taxes recorded in book 1248 page 491; thence S 89 52'00"W, along the southerly line of said tract, 23.88 feet; thence leaving said line, N 2 16'30"W 10.01 feet to the northerly line of said tract; thence N 89 52'00"E, along said line, 23.75 feet to the beginning and containing 238 square feet or 0.01 acre
Parcel 19
Owner: Gary J. and Catherine Ehrhardt,
husband and wife
4328 Country Hill Drive
Columbia, MO 65203
Deed: Warranty Deed in book 508 page
305
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 37 Country Hill Subdivision Plat No. 1, recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at the southeast corner of Lot 37 Country Hill Subdivision Plat No. 1 thence N 89 47'30"W, along the southerly line thereof, 43.85 feet; thence leaving said line, N 2 42'20"W 90.28 feet to the northerly line thereof; thence along the lines of said Lot 37, S 89 35'30"E 48.05 feet; thence S 0 18'00"E 44.80 feet; thence S 0 12'30"W 45.20 feet to the beginning and containing 4,148 square feet or 0.10 acre.
Parcel 20
Owner: David M. and Diane S. Cook,
husband and wife
4327 Country Hill Drive
Columbia, MO 65203
Deed: Warranty Deed in book 456 page
129
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 1 Country Hill Subdivision Plat No. 1, recorded in plat book
11 page 33 of the Boone County records, further described as follows:
Beginning at the southeast corner of Lot 1 Country Hill Subdivision Plat No. 1 thence N 89 35'30"W, along the southerly line thereof, 49.39 feet; thence leaving said line, N 0 38'00"W 105.07 feet to the northerly line thereof; thence along the lines of said Lot 37, S 89 35'30"E 50.00 feet; thence S 0 18'00"E 105.06 feet to the beginning and containing 5,221 square feet or 0.12 acre.
Parcel 21
Owner: Ashley T. and Mary E. Kees,
husband and wife
3307 Laketown Drive
Columbia, MO 65203
Deed: Warranty Deed in book 1336 page 442
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 341A Katy Lake Estates Plat 3, recorded in plat book
28 page 74 of the Boone County records, further described as follows:
Beginning at the southwest corner of Lot 341A Katy Lake Estates Plat 3 thence along the lines of said Lot 341A, N 0 03'15"E 90.47 feet; thence N 84 12'50"E 14.06 feet; thence, leaving the lines of said Lot 341, S 0 07'55"W 47.31 feet; thence S 0 26'30"W 43.20 feet to the southerly line of said Lot 341A; thence S 84 12'50"W, along said line, 13.70 feet to the beginning and containing 1,255 square feet or 0.03 acre.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in Lot 341A Katy Lake Estates Plat 3, recorded in plat book
28 page 74 of the Boone County records, further described as follows:
Beginning at a point on the southerly line of Lot 341A Katy Lake Estates Plat 3, being N 84 12'50"E 13.70 feet from the southwest corner thereof; thence leaving said line, N 0 26'30"E 43.20 feet; thence N 0 07'55"E 47.31 feet to the northerly line of said Lot; thence, along said line, N 84 12'50"E 11.05 feet; thence, leaving said line, S 0 08'10"W 90.48 feet to the southerly line of said Lot 341A; thence S 84 12'50"W, along said line, 11.28 feet to the beginning and containing 999 square feet or 0.02 acre.
Parcel 22
Owner: Baxter Homes, Inc. a Missouri
Corporation
814 Donnelly Avenue
Columbia, MO 65203
Deed: Warranty Deed in book 1410
page 409
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 342 Katy Lake Estates Plat 3, recorded in plat book 28 page
74 of the Boone County records, further described as follows:
Beginning at the southwest corner of Lot 342 Katy Lake Estates Plat 3 thence along the lines of said Lot 342, N 0 03'15"E 90.47 feet; thence N 84 12'50"E 14.18 feet; thence, leaving the lines of said Lot 342, S 0 07'55"W 90.48 feet to the southerly line of said Lot 342; thence S 84 12'50"W, along said line, 14.06 feet to the beginning and containing 1,271 square feet or 0.03 acre.
Temporary Construction Easement
(Project number 32-02-97)
A tract of land located
in Lot 342 Katy Lake Estates Plat 3, recorded in plat book 28 page
74 of the Boone County records, further described as follows:
Beginning at a point on the southerly line of Lot 342 Katy Lake Estates Plat 3, being N 84 12'50"E 14.06 feet from the southwest corner thereof; thence leaving said line, N 0 07'55"E 90.48 feet to the northerly line of said Lot; thence, along said line, N 84 12'50"E 11.06 feet; thence, leaving said line, S 0 08'10"W 90.48 feet to the southerly line of said Lot 342; thence S 84 12'50"W, along said line, 11.05 feet to the beginning and containing 995 square feet or 0.02 acre.
Parcel 23
Owner: Lifestyle Homes, Inc. a Missouri
Corporation
4016 Glen Eagle
Columbia, MO 65203
Deed: Warranty Deed in book 1387 page 163
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 343 Katy Lake Estates Plat 3, recorded in plat book
28 page 74 of the Boone County records, further described as follows:
Beginning at the southwest corner of Lot 343 Katy Lake Estates Plat 3 thence along the lines of said Lot 343, N 0 03'15"E 102.47 feet; thence S 89 56'45"E 11.41 feet; thence, leaving the lines of said Lot 343, S 2 18'05"E 66.81 feet; thence S 0 07'55"W 34.27 feet to the southerly line of said Lot 343; thence S 84 12'50"W, along said line, 14.18 feet to the beginning and containing 1,348 square feet or 0.03 acre.
Parcel 24
Owner: Cal-Grath Development Inc.
and Lifestyle Homes, Inc.
1809 Katy Lane
Columbia, MO 65203
Deed: Warranty Deed in book 1134 pages
619 and 622
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in Lot 344 Katy Lake Estates Plat 3, recorded in plat book 28 page
74 of the Boone County records, further described as follows:
Beginning at the southwest
corner of Lot 344 Katy Lake Estates Plat 3 thence along the
lines of said Lot 344, N 0 03'15"E 75.79 feet; thence
along a curve to the right having a radius of 30.00 feet, 21.65 feet, the
chord being N 20 43'30"E 21.18 feet; thence, leaving the lines
of said Lot 344, S 2 18'05"E 95.69 feet to the
southerly line of said Lot 344; thence N 89 56'45"W, along said line,
11.41 feet to the beginning and containing 856 square feet or 0.02 acre.
Parcel 25
Owner: Cal- Grath Development Inc.
and Lifestyle Homes, Inc.
1809 Katy Lane
Columbia, MO 65203
Deed: Warranty Deed in book 1134 pages
619 and 622
Street Vacation in book 1436 page 200
Permanent Street Easement
(Project number 32-02-97)
A tract of land located
in the vacated right-of-way of Beach Pointe Drive as shown by the plat
of Katy Lake Estates Plat 3, recorded in plat book 28 page 74 of
the Boone County records.
Starting at the southwest corner of Lot 344 Katy Lake Estates Plat 3 thence N 0 03'15"E, along the westerly line thereof, 75.79 feet to the point of beginning.
From the point of beginning,
thence N 0 03'15"E 130.00 feet to a corner of Lot 345 Katy
Lake Estates Plat 3; thence S 3 49'40"E 110.43 feet to the
northerly line of Lot 344 Katy Lake Estates Plat 3; thence along said line
on a curve to the left having a radius of 30.00 feet, 21.65 feet to the
beginning, the chord being S 20 43'30"W 21.18 feet. This parcel contains
458 square feet or 0.01 acre.
SECTION 2. The
City Manager is authorized to acquire the land described in Section l by
negotiation.
SECTION 3. The City Manager is authorized to obtain, execute and record all licenses, easements, deeds and other instruments necessary to acquire the land described in Section 1.
SECTION 4. If the City cannot agree with the owners, or those claiming an interest in the land described in Section 1, on the proper compensation to be paid for such land, or if the owner is incapable of contracting, is unknown, or cannot be found, or is a non-resident of the State of Missouri, the City Counselor is authorized to petition the Circuit Court of Boone County, Missouri, to acquire the land described in Section 1 by condemnation.
SECTION 5. This ordinance shall be in full force and effect from and after its passage.
PASSED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
SECTION 1. The City Council hereby determines that a public hearing on special assessments against property abutting and specially benefited by maintenance work on certain unimproved streets within certain Street Maintenance Districts in the City of Columbia, Missouri, as authorized by Ordinance No. 015645, shall be held in the Council Chamber of the Daniel Boone Building, 701 E. Broadway, Columbia, Missouri, at 7:00 p.m. on April 5, 1999, at which time all interested persons shall be given the opportunity to be heard. The Street Maintenance Districts within which the properties proposed to be tax billed are located are as follows:
ALLEY, 70' from east end to Hartley Court
CANYON DRIVE, end of curb and gutter to the west end
E25-01-3 EUBANK COURT, east end
to Walcox Drive
M03-01-3 MCGREGOR LANE, north end
to Walcox Drive
R10-03-1 RICHARDSON STREET, William
Street to Hartley Court
R10-04-1 RICHARDSON STREET, Hartley
Court to east end
W02-01-3 WALCOX DRIVE, Sinclair
Street to Eubank Court
W02-02-3 WALCOX DRIVE, Eubank Court
to McGregor Lane
W02-03-3 WALCOX DRIVE, McGregor
Lane to north end
SECTION 2. The City Clerk is hereby authorized and directed to cause an appropriate advertisement of the time and place of the public hearing to be published in a daily newspaper of general circulation in the City of Columbia for seven (7) consecutive insertions.
ADOPTED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
SECTION 1. The City Council deems the construction of the southward extension of the air carrier apron 450 feet, a proposed lead-out to Taxiway A and modifications to Gate #9 at Columbia Regional Airport necessary to the welfare and improvement of the City.
SECTION 2. The nature and scope of the improvement shall consist of furnishing all labor, materials, transportation, insurance and all other items, accessories and incidentals thereto necessary for the complete construction of the improvements.
SECTION 3. The estimated cost of this improvement is $1,105,000.
SECTION 4. Payment for this improvement shall be made from Federal Aviation Administration grants, sales tax funds, and such other funds as may be lawfully appropriated.
SECTION 5. Any work done in connection with the construction of the improvement specified above shall be in compliance with the provisions of the prevailing wage laws of the State of Missouri. The City shall also cause to be inserted into the contract a stipulation that all laborers and mechanics employed by the contractor or subcontractors in the performance of work under the contract shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act.
SECTION 6. This resolution shall be published in a daily newspaper of general circulation in the City of Columbia for seven (7) consecutive insertions, and a public hearing in respect to this improvement will be held in the Council Chamber of the Daniel Boone Building, 701 E. Broadway, Columbia, Missouri, at 7:00 p.m. on April 5, 1999.
ADOPTED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
SECTION 1. The City Council deems the renovations to the armory building on Ash Street between Seventh Street and Eighth Street necessary to the welfare and improvement of the City.
SECTION 2. The nature and scope of the improvement shall consist of furnishing all labor, materials, transportation, insurance and all other items, accessories and incidentals thereto necessary for the complete construction of the improvements.
SECTION 3. The estimated cost of this improvement is $ 650,000.
SECTION 4. Payment for this improvement shall be made from Community Development Block grant funds and such other funds as may be lawfully appropriated.
SECTION 5. Any work done in connection with the construction of the improvement specified above shall be in compliance with the provisions of the prevailing wage laws of the State of Missouri.
SECTION 6. This resolution shall be published in a daily newspaper of general circulation in the City of Columbia for seven (7) consecutive insertions, and a public hearing in respect to this improvement will be held in the Council Chamber of the Daniel Boone Building, 701 E. Broadway, Columbia, Missouri, at 7:00 p.m. on April 5, 1999.
ADOPTED this 15th day
of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
SECTION 1. The City Council deems the relocation of 8, 12 and 16-inch water mains along Route B from Business Loop 70 north to the Hwy 63 interchange, in accordance with Water and Light Department water main plans and specifications necessary to the welfare and improvement of the City.
SECTION 2. The estimated cost of this improvement is $ 624,400.00.
SECTION 3. Payment for this improvement shall be made from the Water and Electric Fund using funds appropriated in Capital Improvement Project No. WT0081.
SECTION 4. Any work done in connection with the construction of the improvement specified above shall be in compliance with the provisions of the prevailing wage laws of the State of Missouri.
SECTION 5. This resolution shall be published in a daily newspaper of general circulation in the City of Columbia for seven (7) consecutive insertions, and a public hearing in respect to this improvement will be held in the Council Chamber of the Daniel Boone Building, 701 E. Broadway, Columbia, Missouri, at 7:00 p.m. on April 5, 1999.
ADOPTED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
SECTION 1. The City Manager is hereby authorized to execute an agreement with Bucher, Willis & Ratliff for engineering services in connection with the FY 99 improvements at Columbia Regional Airport. The form and content of the agreement shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.
ADOPTED this 15th day
of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
SECTION 1. The City Manager is hereby authorized to execute an amendment to the agreement with the Division of Family Services for the 1998 Emergency Shelter Grant Program. The form and content of the amendment shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.
ADOPTED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
NEW BUSINESS
R52-99 Authorizing
a grant application for maintenance of Martin Luther King, Jr. Memorial.
The bill was given
second reading by the Clerk.
Mr. Beck noted at the
pre-Council dinner the Council had discussed the need for maintenance of
the City's outdoor statues. He said a possible source of grant money
has been identified on a 50% match basis, and this resolution would authorize
the staff the proceed with a grant request.
The vote on R52-99
was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE, COFFMAN. VOTING NO: NO ONE. Resolution declared
adopted, reading as follows:
SECTION 1. The City Manager is hereby authorized to apply to Heritage Preservation and the National Museum of American Art for a $5,500 grant to maintain and repair the Martin Luther King, Jr. Memorial.
ADOPTED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
R53-99 Authorizing
a cooperative agreement with Boone County in connection with the airport
improvement project.
The resolution was
read by the Clerk.
Mr. Beck explained
that the State Department of Economic Development requested that an agreement
between the City and County be entered into for use of CDBG money
for the Airport improvements in conjunction with Ozark Airlines.
The vote on R53-99
was recorded as follows: VOTING YES: HINDMAN, COBLE, JANKU, CROCKETT, CAMPBELL,
KRUSE, COFFMAN. VOTING NO: NO ONE. Resolution declared adopted,
reading as follows:
SECTION 1. The City Manager is hereby authorized to execute a cooperative agreement with Boone County in connection with the airport improvement project. The form and content of the agreement shall be substantially as set forth in "Exhibit A" attached hereto and made a part hereof as fully as if set forth herein verbatim.
ADOPTED this 15th day of March, 1999.
ATTEST:
/s/ Penny St. Romaine
/s/ Darwin Hindman
City Clerk
Mayor and Presiding Officer
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B68-99 Accepting
the 1998 street maintenance work; approving the engineer's report; levying
and
assessing special assessments.
B69-99 Authorizing
construction of southward extension of air carrier apron; lead-out to Taxiway
A and modification to Gate #9 at Columbia Regional Airport and calling
for bids.
B70-99 Authorizing
renovations to the Armory building and calling for bids.
B71-99 Authorizing
acquisition of easements to construct the Nifong and Bethel intersection
improvements.
B72-99 Authorizing
the installation of traffic signals at the intersection of Nifong and Bethel
and
calling for bids.
B73-99 Voluntary
annexation of property located on the north side of Smith Drive, west of
Stone
Valley Parkway.
B74-99 Voluntary
annexation of property located on the southeast corner of Sinclair Street
and
Southampton Drive; establishing permanent zoning.
B75-99 Approving
the final plat of Rockbridge Subdivision, Plat No. 13; granting a variance
to the
subdivision regulations; authorizing a performance contract.
B76-99 Vacating
various easements within The Oaks Subdivision, Plat 1 and
a street right-of-way
for Pine View Drive.
B77-99 Approving
the final plat of The Oaks, Plat 3, a replat of a portion of The Oaks,
Plat 1;
granting a variance to the subdivision regulations.
B78-99 Rezoning
property located on the north side of East Ash Street, west of First Street
from
R-3 to O-1.
B79-99 Rezoning
property located west of Range Line Street and south of Smiley Lane from
M-1
and M-C to C-3.
B80-99 Rezoning
four parcels of land located west of Range Line Street and south of Smiley
Lane;
Tract B from M-C to R-3, Tract C from M-C and M-1 to R-1, Tract D from
A-1 to R-1, Tract E
from M-1 to R-3.
B81-99 Authorizing
the relocation of water mains along Route B from Business Loop 70 to
Highway 63; calling for bids.
B82-99 Accepting
conveyances for utility purposes.
B83-99 Amending
Chapter 19 of the Code relating to personnel policies, procedures, rules
and
regulations.
B84-99 Renewing
an agreement with Boone County to provide clerical services in connection
with
the enhanced 911 system.
B85-99 Vacating
a water line easement - Rock Bridge Shopping Center Nowell's.
REPORTS AND PETITIONS
(A) Intra-departmental
Transfer of Funds.
Report accepted.
(B) Boone County
Commission's Request for Expanded Notification on Annexation Zoning Public
Hearings.
Mr. Beck said the Council
had asked if the City would be doing the same kind of notification as what
the County is doing. He reported the County does notify people in
the City limits within 1,000 feet of a proposed zoning change. Mr.
Beck stated there would be no problem standardizing the notification procedure.
It was decided to proceed
with the notification as requested.
(C) Request
for Rezoning R-3 to R-1, Benton Stephens Neighborhood.
Mr. Beck explained
that two property owners had requested down zoning within the Benton Stephens
area.
Mr. Campbell made the
motion that staff proceed with the necessary advertising and legislation.
The motion was seconded by Mayor Hindman and approved unanimously by voice
vote.
BOARDS AND COMMISSIONS
Upon receiving the
majority vote of the Council the following individuals were appointed to
the following boards and commissions:
BICYCLE/PEDESTRIAN COMMISSION
Robert, Susan M., 601 Westwood Ave., Ward
4 - term to expire 7/31/02
CULTURAL AFFAIRS COMMISSION
Griggs, David R., 6420 Hwy. VV, County
- term to expire 4/1/02
Rottmann, Betty C., 1200 Coats, Ward 2
- term to expire 4/1/02
Vail, Ned R., 1119 London Drive, Ward
1 - term to expire 4/1/02
COMMENTS OF THE COUNCIL, STAFF, AND
PUBLIC
A week ago, Mr. Janku
said the Council had attended a presentation on pedestrian issues proposing
development of a pedestrian network.
Mr. Janku made the
motion that the issues raised be referred to the Bicycle Commission and
to the Planning and Zoning Commission, including the development of a Pedestrian
Master Plan for the City for potential inclusion in the 20/20 Plan and
the Capital Improvement Plan. The motion was seconded by Mayor Hindman
and approved unanimously by voice vote.
Mr. Janku pointed out
that the Council had authorized the staff to negotiate for an easement
on some back lots on the Bear Creek Trail. It was hoped these could
connect to some property that was donated to the City.
Mr. Janku made the
motion that staff be directed to prepare legislation for introduction.
The motion was seconded by Mr. Kruse and approved unanimously by voice
vote.
Mr. Janku asked for an update on the Sunflower project.
Mr. Janku requested a report on potential landscaping for Route B. He wondered if any contact had been made with the property owners. He noted that some funding to be used for landscaping still remained from the ballot issue.
Ms. Coble asked for a traffic study on Garth and Sexton to determine whether or not there will be sufficient traffic there for a light when it reopens. She said the neighborhood association had requested the study. They also asked for a study at Fourth and Grand to see if a stop sign is warranted.
Ms. Coble said the light at Broadway and Providence, for eastbound traffic, has caused complaints regarding the small number of cars getting through the intersection.
Regarding Hunt Court, off of Pershing, Ms. Coble explained that it is a stubbed street with land the City technically owns, but does not maintain by weeding or mowing. She said the residents of Jean Rae Drive, whose lots back up to it, mow and maintain the City owned swath at the dead end street of Hunt Court. She said the issue had been raised before and the residents would like to see it get taken care of.
Ms. Coble made the motion that staff be directed to issue a report in accordance with Section 2-107 to down zone property located at 1, 5, 7, 11, 13, 15 and 21 E. Sexton Road, approximately 3.26 acres that are currently zoned R-4 to be down zoned to their previous R-2 and R-3 zonings. The motion was seconded by Mr. Janku and approved unanimously by voice vote.
Ms. Coble explained that the Missouri Supreme Court has issued proposed amendments to Supreme Court Rules 21 and 37. She said Rule 21 seems to maintain that there can be no arrests for misdemeanor crimes, that there has to either be a warrant issued or an indictment. Arrests are made only in the case when the accused is believed to not appear in court. Ms. Coble reported there are indications that the rule may have been in existence in that form since January of 1980. She said Rule 37 deals with misdemeanor ordinance violations and how they can only be dealt with by summons. She spoke to the Boone County Prosecutor's Office and thought the community would be well-served if there was some participation from the Police Department and the Prosecutor's Office to determine if there is any advantage in joining in communication with the Supreme Court regarding these rules which are to go into effect July 1, 1999. She was concerned about the impact on the DOVE unit.
Regarding the Tosini property that had been discussed earlier this evening, Mr. Campbell said one of the stipulations was that it be subject to architectural review by the City. He said the City has no such provision at the current time for carrying out that provision. Mr. Campbell asked for a report regarding whether or not ordinances are needed, or how that might be done. He would like to know how other cities handle this issue so the Council can take some action on it.
Mr. Campbell reported
in regards to street width, there had been some discussion about one size
fits all as far as secondary streets are concerned. In the case of
Grant Lane, the 32 foot width was changed because it really is a lesser
collector street. He felt it was time to review the street width
policies for a number of reasons. Mr. Campbell asked for a report
on how they could go about doing a review.
Mayor Hindman noted
that there are some standards organizations working on recommendations
for new street widths. He thought those figures would be coming out
shortly. Mayor Hindman had requested information regarding the issue,
and was hopeful to receive it within the next few days. He suggested
it might be appropriate to wait until this data is received.
Mr. Campbell said the
Council will be making some decisions in the relatively near future about
a ballot issue and it seemed to him, if they are going to change some of
the street widths, they should take that into account when planning.
Mr. Coffman brought
up the traffic condition on Route WW, between Brickton Road and Old 63
(Broadway between Old 63 and U.S. 63). He said the traffic there
is increasingly difficult, particularly for people turning left into Broadway
Village and turning left onto Trimble Road. He said the staff had
written MODOT and received a letter back indicating the State is not willing
to help the City widen the road at this time because of funding.
Mr. Coffman made the
motion that staff be directed to prepare a report with suggestions about
what could be done in the meantime to make this area more safe, particularly
with the left turns. The motion was seconded by Mr. Kruse and approved
unanimously by voice vote.
In light of the decision made earlier with respect to the Islamic Center, Mayor Hindman made the motion that the Trail Head Park Committee look at the property and come up with some ideas as to how it might be developed into a public space. The motion was seconded by Mr. Kruse and approved unanimously by voice vote.
Ben Alexander, 910 Lathrop Road, explained that he and his brother farmed Alexander's Fruit and Vegetable Farm for 40 years beginning in 1932. Mr. Alexander was supportive of the Farmer's Market request.
The meeting adjourned at 12:25 a.m.
Respectfully submitted,
Penny St. Romaine
City Clerk
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