INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, December 20, 1999, in the Council
Chamber of the City of Columbia, Missouri. The roll was taken with the following
results: Council Members JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, and
CAMPBELL 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 December 6, 1999, were
approved unanimously by voice vote on a motion made by Mr. Campbell and a second
by Mr. John.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Upon their request, Mr. Campbell made the motion that Mr.
Coffman be allowed to abstain from voting on R247-99 and Mr. Janku from voting
on the appointments to the Community Services Advisory Commission. The motion
was seconded by Mr. John and approved by voice vote.
The agenda, including the Consent Agenda, was approved unanimously
by voice vote on a motion made by Mrs. Crockett and a second by Mr. Coffman.
SPECIAL ITEMS
B439-99 Authorizing an agreement with
Jeffrey E. Smith Investment Co. for acceptance of a donation of
property
located on the west side of Brown Station Road, south of Waco Road.
The bill was given second reading by the Clerk.
Mr. Beck explained that this approximate 50 acre tract is
located in northeast Columbia. He described the property as being suitable for
use as a community park as well as being an excellent site for a future fire
station. Mr. Beck noted that a small portion of the land would be reserved for
the extension of Waco Road, connecting Brown Station Road with Prathersville
Road. The City Manager pointed out a provision in the agreement allowing Mr.
Smith to recommend to the Council the name of a person having made substantial
contributions to the City during the 20th century as the park's name, if the
property is used as such. Mr. Beck thanked the Smith's for their donation.
Mayor Hindman, on behalf of the Council, also thanked the
Smith family for their generous donation. He said it would be a valuable asset
to the City and it was very much appreciated.
B439-99 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
R249-99 Expressing appreciation to
Jeffrey E. Smith for donating land to the City of Columbia.
The resolution was read by the Clerk
Mayor Hindman noted this resolution would formalize the donation
of land by the Smith family.
The vote on R249-99 was recorded as follows: VOTING YES: JOHN,
COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
Mayor Hindman and Mr. Beck asked Mr. Smith to join them
at the podium where Mr. Smith was presented with a framed resolution of appreciation.
Mayor Hindman remarked the community would be grateful for the gift for years
to come.
Mr. Smith noted as the City continues to grow, so would the
need for parks and planning with orderly growth. He and his wife thought this
was something they could contribute to the community to allow for those future
amenities.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B399-99 Approving a revision to the
O-P Development Plan of The Environment.
The bill was read by the Clerk.
Mayor Hindman noted that a request was received asking for
further continuance on this bill.
Mayor Hindman opened the public hearing.
There being no comments Mayor Hindman continued the public
hearing.
Mr. Campbell made the motion that B399-99 be continued to
January 18, 2000. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
B429-99 Rezoning property located on
the west side of West Boulevard, between West Worley Street and Again
Street
from R-2 and C-1 to C-P; approving the "Smithton Village" C-P Development
Plan.
The bill was given second reading by the Clerk.
Mr. Beck said the rezoning request on this 1.7 acre tract
was recommended for approval, provided that pole lighting not exceed 15 feet,
and that parking be reduced from 78 spaces to a range of 60 to 74 spaces to allow
for more landscaping.
Mayor Hindman opened the public hearing.
David Rogers, an attorney with offices at 813 E. Walnut, spoke
on behalf of the Cleek family. He explained the Cleek's plan to demolish the
building which now houses Ann's Teachers' Store and a dilapidated building at
the corner of Again and West Boulevard, and then build a new structure immediately
to the west of that site. He noted that the new building would be more suitable
for Mrs. Cleek's needs and would also provide more storage and handicapped accessibility
which are impossible in the present building. He reported there will also be
a small building constructed to the south and a portion of this structure will
be used for office space for Mr. Cleek's business. Mr. Rogers indicated there
will be no entrances of any sort onto Again Street. He noted the proposed building/buildings
that will face Again Street will have roof lines very similar to a residential
structure. Mr. Rogers stated that the closest neighbor on Again Street had spoken
at the Planning and Zoning meeting in favor of the plan. He said another speaker
had noted the considerable amount of quality mixed use that is beginning to be
seen in the first ward.
Mr. Janku asked about landscaping on the south side of the
second building. Mr. Rogers responded there will be landscaping along the entire
south boundary of the property because there will be no entrances or exits onto
Again Street.
Ms. Crayton commented that some of the neighbors were worried
about having to look at a brick wall. Mr. Rogers stated that would not be the
case, the building would be broken up. He asked Mr. Simon, the project architect,
to explain the design.
Mr. Simon came forward and explained that the design for Mr.
Cleek's offices is currently being planned and they are starting to detail the
character in greater extent. He told Ms. Crayton that they have created some
offsets in the wall to help break it up in addition to a series of windows. Mr.
Simon did not see it varying greatly from a residential structure in appearance.
Ms. Crayton asked that they talk to the neighbors to calm their fears.
John Cleek, 5010 Brazos, explained the expansion of the family
businesses over the years. He noted they have made vast improvements in the property
over the past 30 years. Mr. Cleek named the neighbors that spoke in favor of
his plan at the Planning and Zoning meeting.
Miriam Stefan, 1015 Again Street, contended that all of the
neighbors are not in favor of the rezoning. She stated they do not want retail
on this corner and they have concerns about traffic because of the short distance
from Worley to Again Street. Ms. Stefan explained that the plan she had seen
in August showed an office on one end, a garage in the middle for Mr. Cleek's
recreational vehicle, and then two retail businesses. She said the neighbors
had no problem with the businesses on Worley Street, but they did not want commercial
at the corner. Ms. Stefan also stated that some residents were not happy with
renderings of the buildings that had been displayed in August because they felt
it would not blend in with the neighborhood. Ms. Stefan reported residents had
been told if these plans did not go through, three duplexes could be constructed.
Mr. Coffman asked Ms. Stefan if she was more concerned about
a commercial development affecting her property values, or about the possibility
of increased traffic. Ms. Stefan responded she was concerned about both, but
reiterated that the neighborhood wishes to remain residential. Mr. Coffman asked
if she would object to duplexes. Ms. Stefan replied she personally would not.
Mr. Rogers commented, as a practical matter, there would not
be any commercial businesses on Again Street. He said there would be no entrances/exits
onto this street, and the traffic generated by this development will be projected
into an interior parking lot which exits onto West Boulevard and West Worley.
He did not believe this would do anything to affect the traffic one way or another
on Again Street. Mr. Rogers noted that there may be traffic with school related
activities, but the use of this corner would not make any difference.
Mayor Hindman asked if there is currently an entrance onto
West Boulevard. Mr. Rogers said there was, but added that no new entrances will
be created. He reported there will be sidewalks constructed along the entire
project.
Mr. Campbell asked about the reference made to the recreational
vehicle parking arrangement. Mr. Rogers said there would be a garage between
the two buildings. Mr. Campbell asked if the garage would be enclosed. Mr. Rogers
replied it would be.
Mr. Cleek displayed drawings of the project and reported on
the various design features. He indicated many of the potential uses under C-1
zoning have been eliminated - some of which included restaurants, the sale of
alcoholic beverages, and drive-up windows. Mr. Cleek noted there will be a maximum
of four tenants in the building. All tenants will be informed that his business
will eventually encompass the entire building. Regarding the types of retail
establishments that would be suitable for this location, Mr. Cleek believed a
beauty or barber shop, a photography studio, a small print shop, or an insurance
office would be appropriate.
Mr. Campbell remarked the buildings looked rather plain. Mr.
Simon explained when the drawings were designed, the project was in its early
stages. He commented at that time they had not met with the residents yet and
had not discussed character or how the buildings were to be detailed to fit in
better with the surrounding neighborhood. Since then, more features have been
added involving color and texture. Mr. Simon assured the Council this development
will be compatible with the character of the neighborhood.
Mayor Hindman closed the public hearing.
Mr. Janku said both businesses have a good track record and
have proven themselves to have a positive impact. He felt any major concerns
could be addressed by making some minor changes to the exterior and providing
more landscaping. Mr. Janku also felt the applicant has the incentive to develop
a quality project given the significant investment they already have in the neighborhood.
Mr. Campbell remarked that over the last several years the
Council has supported the idea of mixed development and have tried to encourage
neighborhood services. He said this project would serve that end, although he
understood the neighborhood's concerns. Because of the assurances given, Mr.
Campbell felt he could support the request.
Mayor Hindman was concerned about the plans not showing what
the neighbors expect to have. Although he approves of the neighborhood services
that are being suggested, he would like to know for sure that the design is going
to be what has been presented this evening.
Mr. John did not have an objection to the rezoning request,
but he was concerned about being asked to approve a plan that the Council really
has not seen. He remarked the property could be sold to someone else tomorrow,
so he was concerned about approving a plan based on someone's track record.
There was a discussion about how to tighten the plan in connection
with design parameters. Mr. Patterson interjected that after a plan is approved,
staff is only able to enforce what information is on the plan itself. He noted
that staff does not often see architectural drawings at this stage, and should
his department receive an application for a building permit and it meets the
criteria shown on the plan with regard to size, locations, and footprints, building
permits would generally be issued. Mr. Patterson commented the other option is
to presume the applicants will keep their word.
Mr. Hancock noted an eight foot high wooden fence along the
perimeter on the landscape plan. He said there would also be plantings on the
neighborhood side of the fence along the entire west property line. Mr. John
asked about the landscaping on the south side. Mr. Hancock said it appeared to
be existing trees and four new plantings after the house is removed. He said
there would be bushes and trees along the west side.
Regarding the dormers and such, Mr. Rogers assured the Council
these features would be added, but noted that the details relating to architectural
design is not required at this point.
Mr. Campbell observed the Council has discussed the notion
of simplifying the planning process to make this process more appealing. He felt
if the Council kept adding more stringent controls, the City would be moving
in the opposite direction. Mr. Campbell believed until something is in place
with regards to architectural standards, it will be very difficult, even on a
PUD, to require such things.
There was some discussion relating to landscaping, and it
was confirmed that what was shown on the plan had been approved by the City Arborist,
therefore, no amendments were necessary in this regard.
B429-99 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
A) Voluntary annexation of property
located on the west side of Bearfield Road, approximately 500 feet south
of
Nifong Boulevard.
Item A was read by the Clerk.
Mr. Beck explained that this tract of land contains approximately
35.4 acres. He noted that the initial zoning request was for R-1, but a request
had been received today asking for PUD-6 zone with R-1 uses.
Mr. Boeckmann commented that a question had been raised about
whether or not this issue should go back to the Planning and Zoning Commission.
He pointed out the PUD-6 zone with R-1 uses would be more restrictive and the
applicant would have to go through the planning process. He explained as long
as the applicant is asking for the same uses or more restrictions, the past practice
has been not to send it back to the Commission. Unless the Council indicates
otherwise, Mr. Boeckmann said the revised ordinance would be introduced.
In regards to sending this request back to the Commission,
Mr. Hancock said he did not know what purpose would be served other than to get
additional input from them. He felt the important thing would be to wait to see
the plan. He noted the Commission would review the plan at some point and forward
it to the Council with their recommendation.
Mayor Hindman opened the public hearing.
John Stohldrier, 4016 Glen Eagle, offered to answer any questions.
None were asked.
Fred VomSal, 4679 S. Bearfield, Vice-President of the Clear
Creek Neighborhood Association, read a statement from the association requesting
that the Council deny the annexation and rezoning to PUD-6. He outlined the neighborhood
has strongly supported some form of PUD in this watershed for all development,
as has the Planning and Zoning Commission and the current City Council. Residents
ask that anything less than PUD-3 be denied. Mr. VomSal noted that the association
had met with Mr. Stohldrier and after much discussion, he had made it clear that
his concerns stop at his property line. No efforts have been made to address
the larger concerns of stormwater management, traffic management, and environmental
impact. Residents felt Mr. Stohldrier was ignoring the fact that there would
be hundreds of cars exiting out of his development onto what is essentially a
country lane.
Mr. VomSal explained that PUD-3 zoning would call for one
home every 12,000 square feet, or 3.2 homes per acre. He said that was much more
in keeping with the density in this area as well as with the average density
of Columbia. He noted that there are 2,000 acres in this watershed, and 650 of
them have been put up for public sale in the last four years. He said the neighborhood
association has consistently indicated they are not opposed to development, but
they believe it is imperative to maintain the integrity of this environmentally
sensitive area for all of Columbia to keep it a pristine area. Mr. VomSal explained
that residents are working with the staff to develop a plan to take a broad look
at the use of the area, particularly as it relates to stormwater management and
traffic flow. It seems that the City has good control over development in the
area, and one way to continue this would be to restrict high density. Tom Lata,
2194 E. Bearfield, was concerned about stormwater and the protection of the watershed.
Mr. Patterson explained the requirements for an R-1 or PUD development regarding
stormwater management and land preservation - which for either zone would be
the same. He pointed out the advantage of a PUD is that the Council can impose
a stricter requirement than the minimum standards in open zoning. He noted the
opportunity for better control exists with a planned unit development than it
does for open zoning, but the minimums are the same.
Joe Bindbeutel, 1701 E. Gans Road, reported that what residents
have heard from the Planning and Zoning Commission and the Council is that they
want the developers to work with neighborhoods and do the best they can do to
protect water quality. He felt that Mr. Stohldrier has ignored both and has shown
no flexibility in working with the neighbors.
Mayor Hindman closed the public hearing.
A discussion ensued regarding whether or not to hold over
the public hearing on the rezoning. Mr. John agreed the process needs to be streamlined,
but said the Council also needs to ensure that full review is given and that
changes are not made at the last minute that cannot be enforced.
Mr. Boeckmann pointed out that once a decision is made on
a PUD, at whatever density the Council authorizes by the zoning ordinance, they
would have to live with that decision unless they want to rezone it on the Council's
initiative. He did not think density would be a valid objection to a plan when
it had just been approved by the zoning ordinance.
Mr. Campbell explained his concerns relate to stormwater management.
He asked if that were to affect the overall density of a development, whether
the Council would have the right to change the provisions of the plan based on
this information. Mr. Boeckmann said if other elements of the plan might make
it such that the applicant could not quite come up to the six homes per acre,
that would make it legitimate. Just isolating the one factor he did not think
would work. Mr. Campbell felt the Council should give a very clear statement
on what their expectations are for PUD's in this area if this annexation request
is approved.
OLD BUSINESS
PR232-99 Expressing the City Council's
strong preference for planned development in the areas of the City
within
the Little Bonne Femme Creek watershed.
The policy resolution was given second reading by the Clerk.
Mr. Beck noted that Mr. John had requested that an amendment
sheet be prepared which would express the Council's strong preference for planned
development in the areas of the City within the portion of the Little Bonne Femme
Creek watershed above Rock Bridge State Park.
Mr. John made the motion to amend PR232-99 per the amendment
sheet. The motion was seconded by Mr. Campbell and approved unanimously by voice
vote.
Mr. Coffman spoke of his support for this legislation. He
noted residents all over the City enjoy the state park and are very concerned
about protecting it.
The vote on PR232-99, as amended, was recorded as follows:
VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING
NO: NO ONE. Policy resolution declared adopted, reading as follows:
B427-99 Allowing a canopy to be constructed
partially within a utility easement at 912 South Old 63; authorizing
a waiver
of claim and indemnity agreement.
The bill was given second reading by the Clerk.
Mr. Beck explained that this canopy would extend over gas
pumps at an existing convenience store. He noted the canopies would also extend
10 feet into a City utility easement. Staff had reviewed this request and the
canopy appeared to pose no problems.
Mayor Hindman was concerned about the lighting becoming a
significant problem. He felt that some of the new canopies tended to be very
bright and allows light to spill over into surrounding areas.
Harriet Francis, an attorney with offices at 1103 E. Broadway,
spoke on behalf of Midland Oil Company and Sports Fans Convenience Center, the
applicants for this waiver. She explained that the applicants have already been
before the Board of Adjustment and a variance had been approved for a side yard
setback in order to construct the canopy. A conditional use permit for this facility
had also been granted because it was originally a grandfathered use in a properly
zoned area. Ms. Francis noted that Ron Shy was present to answer any additional
questions. Regarding the lighting, she believed it would basically be down lights
under the canopy. She noted that the canopy's purpose is to provide a covering
and some convenient lighting in order to increase safety. Ms. Francis pointed
out that this applicant owns another facility, the Phillips 66 on Paris Road,
and said the lighting there is not objectionable.
Mr. Coffman asked if these improvements have been discussed
with the Shepard Neighborhood Association. Ms. Francis said they have. She reported
that they had contacted the neighbors and that there had been a petition that
was available for signatures. She said the petition was at the Board of Adjustment
meeting and the neighbors were in favor of this particular canopy. Ms. Francis
indicated there has been no opposition.
Ron Shy, 5600 S. Highway KK, pointed out that the canopy is
primarily being installed to shield people from the weather while they are using
the pumps. Mr. Shy explained the long process the applicants have gone through
to get to this point. He said he personally has met with the people in the condo's
next door and they have no objections. Mr. Shy said he has not seen the plans,
but he has been told the lights are underneath the canopy and will not project
out into the traffic lane.
Mr. Campbell explained the two types of under canopy lights;
the shoebox or downward base lights, and the lights that are set lower than the
canopy -- like the lights at West Boulevard North.
Mr. Shy commented he did not know what type of lighting would
be used, but he could say there would be no benefit to the applicant to have
lights other than those that would shine directly downward.
Mr. Janku said there is a new station going in on Chapel Hill
and Scott Boulevard, and that individual has met with adjacent developers to
come up with some lights which are apparently satisfactory to everyone involved.
He suggested looking at those for an example.
Mr. Campbell asked if this is a factory canopy. Mr. Shy noted
that it has been tailored somewhat to the request of the City staff. The canopy
is to be 46' by 48' and Mr. Shy said it has not been made yet. Mr. Campbell asked
if they could still have a voice in it. Mr. Shy thought at this point they could.
He understood what was being said and told Mr. Campbell he would pass it on.
Mr. Coffman said he has seen places where there has been glare
and then they put up a simple box which takes care of the problem. Mr. John said
he thought the term is a "full cut-off" so that the sides of the holder come
down past the edge of the bulb itself. Mayor Hindman asked Mr. Shy if he had
an objection to the Council adding the specification for full cut-off lighting.
Mr. Shy said he personally did not. He did not believe the owner would either
because his primary focus is on the safety of the people at the pumps and the
convenience the canopy will provide.
Mayor Hindman made the motion that the agreement referred
to as Exhibit A on B427-99 be amended to impose the condition that, "any lighting
installed on the canopy shall use full cut-off lights or an alternative method
to reduce the glare to a minimum but yet provide adequate light for safety and
operation." The motion was seconded by Mr. John and approved unanimously by voice
vote.
B427-99, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT,
CAMPBELL. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B432-99 Authorizing agreements with
The Curators of the University of Missouri and James R. Davis in
connection
with the EPA Clean Water Act Phase II Storm Water Regulations; appropriating
funds.
The bill was given second reading by the Clerk.
Mr. Patterson noted that these regulations outline some of
the requirements that will affect cities the size of Columbia, and will primarily
deal with the development of an implementation plan that involves public participation
and education into areas of improving and preserving water quality. This agreement
has been developed with Dr. Davis and the University and is more of an extension
of past cooperative efforts to assist the City staff in the development of these
programs. Rather than staffing this particular activity with City personnel,
the agreement will call for certain activities to take place with the final product
being the implementation plan and the development of stormwater partnerships.
These partnerships will be the basis for expanding the program to include the
Clear Creek, Bear Creek, Mill Creek and Perche Creek areas. Mr. Patterson reported
funding for this program will come out of the stormwater utility at a cost of
approximately $24,994.
Mr. Janku commented that he had spoken earlier with Mr. Patterson
and Dr. Davis about moving the project at Bear Creek up given the testimony that
had been heard earlier relating to the problems that are occurring there. He
felt this was an excellent partnership. Mayor Hindman agreed.
B432-99 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B434-99 Confirming the contract of
Hall & Riley Paving Company, Inc. for the Nifong Boulevard and Forum
Boulevard
intersection improvements; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck noted that eight bids had been received with the
low bid of $164,690.05 being recommended.
B434-99 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B435-99 Amending Chapter 6 of the Code
as it relates to the Property Maintenance Code.
The bill was given second reading by the Clerk.
Mr. Beck explained that there is a lot of concern regarding
the amount of time it takes to enforce the Minimum Housing Codes relating to
unsafe buildings. He reported Mr. Boeckmann and Mr. Patterson have been working
on simplifying and speeding the process up. This amendment would reduce the publication
notice from three times to one, reduce the written notice of a hearing from 21
days to 10 days, and eliminate the Building Construction Codes Commission from
the appeals process.
Mr. Janku asked if there is any provision for the City to
enter the premises for the purpose of repairing the problem and then have the
improvement tax billed. Mr. Boeckmann said there is language that would actually
allow it, but he was not aware of any city, except for one that got in trouble
for doing it, that has actually done this. Theoretically, he indicated the City
could do that, but it would be problematic. There was a discussion at this point
as to how much work could be done and tax billed. Mr. Janku related it is kind
of a failure when the point is reached where a property owner is ordered to tear
their structure down. If the owner chooses not to respond, then the City will
demolish it. If the City can tear it down, Mr. Janku suggested a less drastic
step of putting a repair in place that may preserve the home until it can be
sold. Mr. Patterson interjected that he knew of a couple of cities that had not
gotten their money back on the properties and were sued for damages to the property.
He related the City does not tear down buildings if they are just not suitable
for habitation -- they are only demolished if declared a dangerous structure.
Mr. Patterson explained that the homes are evacuated if found to be inhabitable,
and it is at that point when the windows are boarded up. Theoretically, he pointed
out that owners could be fined for each and every day if the case is taken to
court. Mr. Patterson indicated the big problem is with absentee landlords.
Ms. Crayton reported boarded up homes are not just nuisances,
but havens for criminal activities. She noted that she spoke to Captain Boehm
about making sure the houses are secure. Mr. Beck explained that the City has
the authority to board up buildings.
There was a discussion about the City applying liens to unsafe
and nuisance houses and having the authority to sell them. Mr. Boeckmann explained
that there must be some legal basis for doing so.
Mr. Campbell asked how much time this amendment would save,
on an average. Mr. Boeckmann said it would take weeks off of the process. He
noted that this was not a solution to all of the problems associated with deteriorating
homes in Columbia. For those cases that go through the condemnation process,
the City will save some time and expense.
Mr. John was concerned about a first time offender being out
of town when the notice is received. He questioned how much time passes before
the demolition process is put in motion. Mr. Patterson explained that several
attempts are made to contact the owner before voluntary corrective action is
taken. He explained the steps taken before proceeding to the administrative process
of demolition.
B435-99 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B440-99 Amending and reestablishing the City
of Columbia, Missouri Tax Savings Plan and the Dependent Care
Assistance
Plan.
The bill was given second reading by the Clerk.
Mr. Beck noted that an amendment sheet had been prepared.
Mr. Campbell made the motion that B440-99 be amended per the
amendment sheet. The motion was seconded by Mrs. Crockett and approved unanimously
by voice vote.
B440-99, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT,
CAMPBELL. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B441-99 Amending Chapter 3 of the City
Code as it relates to the Airport Advisory Board.
The bill was given second reading by the Clerk.
Mr. Beck described the current membership of the Board as
being 11 members, seven of which are appointed by the Council. He explained this
amendment would add a representative from Ashland to the Board. Mr. Beck reported
an added provision is that both the Chair and Vice-Chair are chosen from members
appointed by the Council as the overall cost of the airport is borne by the residents
of the City of Columbia.
B441-99 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B442-99 Amending Chapter 26 of the
City Code as it relates to the Convention & Visitors Advisory Board.
The bill was given second reading by the Clerk.
Mr. Beck noted that this ordinance was informally discussed
by the Council prior to the ballot issue wherein the hotel/motel tax was changed
from two to four percent. He explained this amendment would increase the number
of board members from seven to twelve.
B442-99 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
CONSENT AGENDA
The following bills were given second reading and the resolutions
were read by the Clerk.
B425-99 Approving the final plat of
Vanderveen Crossing, Plat No. 3; authorizing a performance contract.
B426-99 Approving the replat of lots
91, 92 and 93 of Country Club Villas, III; authorizing a performance
contract.
B428-99 Vacating utility easement located
within OHO Subdivision.
B430-99 Approving Change Order No. 1
to the contract with Emery Sapp and Sons, Inc. for the Hinkson Creek
Trail
Phase I project.
B431-99 Approving Change Order No. 1
and the engineer's report for the north cargo apron replacement
project.
B433-99 Authorizing the City manager
to convey a water line easement located at the Columbia Regional
Airport
to Consolidated Public Water Supply District #1.
B436-99 Authorizing acquisition of easements
necessary to construct the Sunflower Street improvement project.
B437-99 Approving the engineer's report
and authorizing payment of differential costs for the Country Woods
Subdivision,
Lot 2 water main project; accepting a deed of dedication.
B438-99 Accepting grants of easements
for water utility purposes.
R233-99 Setting a public hearing: voluntary
annexation of property located south of St. Charles Road at the
southern
terminus of Charlie Goff Drive.
R234-99 Setting a public hearing: improvements
to City property located adjacent to the MKT Trail, east of
Scott
Boulevard.
R235-99 Setting a public hearing: construction
of an 8-inch water main serving Broadway Oaks, Plat 1.
R236-99 Setting a public hearing: construction
of an 8-inch water main serving Garden City, Plat 9.
R237-99 Setting a public hearing: construction
of an 8-inch water main located in Vanderveen Crossing, Plats 1
and
2.
R238-99 Setting a public hearing: construction
of an 8-inch water main located in Stoneridge Estates, Plat 3.
R239-99 Setting a public hearing: construction
of an 8-inch water main serving Seven Oaks, Plat 2.
R240-99 Setting a public hearing: special
assessments in connection with the Conley Road improvement project.
R241-99 Setting a public hearing: purchase
of 13 new transit buses.
R242-99 Renewing an agreement with Boone
County Historical Society for operation and restoration of the
historical
museum.
R243-99 Renewing an agreement with Boone
County Historical Society for caretaking services at Nifong Park.
R244-99 Authorizing execution of annual
certifications and assurances for Federal Transit Administration
funding.
R245-99 Accepting a gift of a red service
wagon trailer donated by Factory Mutual Insurance to be used for fire
investigations.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN,
CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Bills declared enacted
and resolutions declared adopted, reading as follows:
NEW BUSINESS
R246-99 Approving FY2000 human rights
contracts.
The resolution was read by the Clerk.
Mr. Beck reported that the FY2000 budget included $3,300 for
enhanced human rights activities in the community. He explained that the Commission
had taken proposals and that this bill would authorize agreements with nine agencies.
Marie Glaze, Chairperson of the Human Rights Commission, shared
the Commission's pleasure in the applications they received this year. She said
they were happy to recommend funding 90% of these. She thanked the Council for
their interest.
Mayor Hindman thanked the Commission for all of their work.
The vote on R246-99 was recorded as follows: VOTING YES: JOHN,
COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R247-99 Stating the City's position
on legislative issues for 2000.
The resolution was read by the Clerk.
Mr. Beck explained that each year a list is brought to the
Council relating to issues the staff feels will go before the Legislature. He
pointed out that the list includes suggestions by the Missouri Municipal League,
the City Council and staff. If adopted by the Council, Mr. Beck explained that
it would be circulated to the Legislators and used throughout the legislative
process.
Mr. Janku asked if Mr. Beck anticipated creating a list of
capital improvements. Mr. Beck said he could bring some ideas to the Council.
He noted staff had talked to the lobbyist about it. Mr. Janku was hopeful the
Council would get some input from the lobbyist on how some of the issues may
tie into what other cities are doing.
The vote on R247-99 was recorded as follows: VOTING YES: JOHN,
HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. ABSTAINING: COFFMAN.
Resolution declared adopted, reading as follows:
R248-99 Authorizing an agreement with
Central Missouri Food Bank, Inc. for a loan of $100,000 in CDBG funds
to
be used to purchase property for a new facility.
The resolution was read by the Clerk.
Mr. Beck explained that during the budgeting process, $100,000
was allocated to the Food Bank. He related that Mr. Hancock had been working
with HUD and a representative of the Food Bank relating to participation in the
land purchase. The original proposal sent to HUD had not been in accordance with
what staff felt they could certify. Mr. Beck understood additional discussions
had occurred today. He said the goal is to work with the Food Bank to try to
develop a position where the $100,000 can be allocated on a timely basis. He
recommended that the Council authorize the agreements and indicated staff will
continue to work with HUD to see how best the money could be used and still be
in full compliance.
Peggy Kirkpatrick, Executive Director of the Central Missouri
Food Bank, explained that she and Mr. Hancock participated in a conference call
today with Ann Wyttle from HUD, in which some additional information was presented.
Since the call, Ms. Kirkpatrick put everything in writing and gave it to Mr.
Hancock. She noted that one of the provisions of the HUD regulations states that
reasonable benefits from the activity will accrue to residents within the jurisdiction
of the grantee -- being the City of Columbia. Ms. Kirkpatrick related she believes
the Food Bank has a very strong case to state that the City of Columbia is benefitted
by them providing food not only to the citizens within this community, but also
to agencies that are in counties contiguous to Boone County. This relieves the
City of Columbia from having to provide social service benefits to those other
areas. In addition, this is at no cost to taxpayers. Ms. Kirkpatrick noted that
another benefit is that the Food Bank stands ready to serve the City in case
of a disaster or immediate need of food, such as the Y2K issue.
Mrs. Crockett asked how many pounds of food the agency distributed
in Columbia last year. Ms. Kirkpatrick said last year it was about 1.3 million
pounds, and so far this year they have distributed almost 1.6 million pounds
of food.
The vote on R248-99 was recorded as follows: VOTING YES: JOHN,
COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT, CAMPBELL. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B443-99 Authorizing a lease agreement
with option to purchase with Greenwing Development, L.L.C. for land
located
north of Smithton Middle School.
B444-99 Authorizing the construction
of improvements to City property located adjacent to the MKT Trail, east
of
Scott Boulevard.
B445-99 Authorizing construction of
an 8-inch water main serving Broadway Oaks, Plat 1; authorizing payment
of
differential costs; appropriating funds.
B446-99 Authorizing construction of
an 8-inch water main serving Garden City, Plat 9; authorizing payment of
differential
costs; appropriating funds.
B447-99 Authorizing construction of
an 8-inch water main located in Vanderveen Crossing, Plats 1 and 2;
authorizing
payment of differential costs; appropriating funds.
B448-99 Authorizing construction of
an 8-inch water main located in Stoneridge Estates, Plat 3; authorizing
payment
of differential costs; appropriating funds.
B449-99 Authorizing construction of
an 8-inch water main serving Seven Oaks, Plat 2; authorizing payment of
differential
costs; appropriating funds.
B450-99 Accepting grants of easements
for utility purposes.
B451-99 Approving the engineer's final
report; levying special assessments for the Conley Road improvement
project;
appropriating funds.
B452-99 Approving the engineer's final
report and authorizing change Order No. 1 for the flood relief structure
for
Wetland Treatment Unit #3.
B453-99 Authorizing an agreement with
the Missouri Highway and Transportation Commission for the
construction
of a sidewalk along the east side of Providence Road; appropriating funds.
B454-99 Changing street names within
the Village Square and Sedonna Villas Subdivisions - "Village Square
Drive" to "Club
Village Drive" and "Sedonna Villas Drive" to "Sedona Villas Drive."
B455-99 Rezoning property located on
the northwest corner of McKee Street and Alan Lane from R-2 to
PUD-7;
approving the McKee Estates PUD site plan.
B456-99 Voluntary annexation of property
located on the west side of Bearfield Road, approximately 500 feet
south
of Nifong Boulevard; establishing permanent R-1 zoning.
B457-99 Approving the final plat of
Hyde Park South Planned Commercial Subdivision; authorizing a
performance
contract.
B458-99 Approving the Hyde Park South
Planned Commercial Subdivision C-P Development Plan.
B459-99 Reimposing a sales tax of one-fourth
of one percent for funding capital improvements.
B460-99 Appropriating funds needed for
Capital Improvement Projects.
REPORTS AND PETITIONS
A) Intra-Departmental Transfer of Funds
Request.
Report accepted.
B) Sinkhole Regulations.
Mr. Campbell made the motion that they make this report a
minor portion of a Council work session. The motion was seconded by Mrs. Crockett
and approved unanimously by voice vote.
C) Street Closure Requests.
Mr. Campbell made the motion that the request be approved
as written. The motion was seconded by Mrs. Crockett and approved unanimously
by voice vote.
Mayor Hindman noted that the Council had received a preliminary
report on the bus situation. He asked if a complete report would be submitted
in the near future.
Mr. Beck explained that the Internal Auditor is doing a review
of the operations to determine where the differences are coming from. He said
the external auditors have taken a preliminary look at the issue and do not seem
to be concerned about any financial situation. Mr. Beck saw it as a matter of
getting the ridership counted correctly.
Mr. John was concerned about the Council authorizing the purchase
of buses based on assumptions of ridership. He felt accurate numbers are needed
before decisions are made as to what kinds of buses are needed and when and how
many should be running.
In addition to Mr. John's comments, Mr. Campbell noted the
Council has been asked to make decisions about routes and funding so solid numbers
are necessary.
Mr. Patterson explained that staff has been relying on segment
reports for ridership. He noted the importance that there is speculation that
the numbers are wrong. Mr. Patterson stated it is just that - speculation. He
indicated staff is monitoring what they have and cannot recreate some of the
reports. He said they do know the ridership in areas on certain routes where
the buses have been full. In addition, revenues continue to increase. Mr. Patterson
pointed out that he has two relatively new supervisors in the Transit Division,
both of whom he has the utmost confidence in their ability and their integrity.
He related they are trying to implement systems that will assure verifiable counts,
and at this point, he is telling the public that there are assumptions of error.
Mr. Patterson agreed it is absolutely critical that the numbers are accurate,
and that is why he implemented the reporting system several years ago. The fact
that those records are being questioned does not mean they are incorrect. It
simply means staff is trying to recreate systems they can verify. Mr. Patterson
assured the Council that this is a high priority within his department, and added
that he has all of the confidence in the world that they will be able to provide
the verifiable numbers.
With regard to new buses being purchased, Mr. Patterson noted
they are not building up the fleet, but simply replacing existing vehicles which
are way overdue for replacement. He explained that the buses vary in size so
they can be adjusted to times of peak use.
BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council the following
individuals were appointed to the following boards and commissions:
COMMUNITY DEVELOPMENT COMMISSION
Robertson, William, E., 217 W. Broadway #E-18, Ward 1 - term to expire 11/1/02
Turner, Troy W., 1700 Hayworth Ct., Ward 5 - term to expire 11/1/02
COMMUNITY SERVICES ADVISORY COMMISSION
Alexander, Jordan E., 715 W. Stewart R., Ward 4 - term to expire 12/31/01
Cain, Kathleen E., 603 Westwood, Ward 4 - term to expire 12/31/02
Janku, Anne M., 206 Whitetail Dr., Ward 2 - term to expire 12/31/02
Kitchen, Maronica S., 900 Clayton St., Ward 1 - term to expire 12/31/02
ENERGY & ENVIRONMENT COMMISSION
Springsteel, Fred N., 311 Longfellow, Ward 4 - term to expire 6/1/01
FINANCE ADVISORY COMMITTEE
Hanson, Phillip F., 801 Canterbury, Ward 5 - term to expire 12/31/02
Nolan, Michael F., 2009 N. Deerborn Circle, Ward 4 - term to expire 12/31/02
POLICE RETIREMENT BOARD
Dunscombe, Vicki B., 3428 Woodrail Terrace, Ward 5 - term to expire 12/31/01
SPECIAL BUSINESS DISTRICT
Fagan, Arnold L., 6700 E. Richland Rd., County - term to expire 1/1/03
Mendenhall, Thomas C., 2009 Woodhollow, Ward 5 - term to expire 1/1/03
Wilms, Chuck, 3460 Woodrail Terrace, Ward 5 - term to expire 1/1/03
It was noted that the candidates for Planning and Zoning
would be interviewed before the January 3rd meeting.
COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
Ms. Crayton asked about the results of the surveys that were
sent out in the first ward. Mr. Beck said he would check into it and report back.
Regarding his earlier comments regarding Bear Creek and a
discussion with Dr. Davis and Mr. Patterson, Mr. Janku said he is interested
in adding Bear Creek in the first tier of watershed planning. He asked the staff
to work with Dr. Davis and possibly come back with something that could be expedited.
Mr. Janku made a motion that the staff be directed to prepare
a report on a possible ordinance dealing specifically with canopy lighting. The
motion was seconded by Mr. Coffman and approved unanimously by voice vote.
Mayor Hindman spoke about the First Night Celebration scheduled
for New Year's Eve. He also noted that the renovated City Hall lobby will be
dedicated at 6:00 p.m. that evening.
The meeting adjourned at 10:00 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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