INTRODUCTION
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, October 2, 2000, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council Members CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, and JANKU
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 September 18, 2000,
were approved unanimously by voice vote on a motion made by Mr. Campbell and
a second by Ms. Crayton.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Upon his request, Mr. Campbell made the motion that Mr. Coffman
be allowed to abstain from voting on R199-00. The motion was seconded by Mrs.
Crockett and approved unanimously by voice vote.
The agenda, including the Consent Agenda, was approved unanimously
by voice vote on a motion made by Mr. Janku and a second by Mr. Coffman.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
PR135-00 Establishing a policy on requests
for variances to requirements for construction of sidewalks along
unimproved
streets.
The policy resolution was read by the Clerk.
Mr. Beck noted that this item has been brought up before,
tabled, and discussed publicly at several work sessions.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
The vote on PR135-00 was recorded as follows: VOTING YES:
CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE.
Resolution declared adopted, reading as follows:
B319-00 Rezoning property located on
the north side of Brown School Road, west of Roger I. Wilson Memorial
Drive
from R-1 to C-P and C-3.
The bill was given second reading by the Clerk.
Mr. Beck noted that this two acre tract is located in northeast
Columbia.
Mr. Dudark explained that the request involved the rezoning
of two tracts; Tract A from R-1 to C-P, and Tract B from R-1 to C-3. He noted
that Tract A is adjacent to an existing C-P zone and Tract B (the smaller tract)
is abutted by C-3 on the north and east. Mr. Dudark remarked that the Commission
had originally recommended C-P for both tracts, but during the hearing it was
pointed out that a planned commercial zone would not solve the problem of intersection
control because of the C-3 further to the east in the location of the intersection.
In addition, it would also create a two zoning situation on the lot, so the applicant
requested that the zoning be C-3. Thus, Mr. Dudark stated the Commission's recommendation
is for C-3 on Tract B.
Mayor Hindman opened the public hearing.
Bob Walters, 2704 Vail, spoke on behalf of the owner, Drew
Properties, LLC. He offered to answer any questions.
Regarding Tract A which adjoins the soccer fields being developed,
Mr. Janku recalled a discussion regarding sidewalks along the area. He remembered
Mr. Walters assuring the Council that Drew Properties would pay for the sidewalk
if they retained ownership of the property. Mr. Walters said that was correct,
but it was not clear when the Soccer Club would acquire the site from them. He
explained if Brown School Road is extended and Drew Properties, LLC is the property
owners of record, they will certainly pay for the sidewalk. Mr. Walters commented
if the Soccer Club owns the property at that time the road is extended, the sidewalk
obligation will become theirs. Mr. Janku asked if he understood that Tract A
would be deeded to the Soccer Club. Mr. Walters indicated that was correct.
Mayor Hindman closed the public hearing.
Given the fact that a large portion of C-3 already exists
at the intersection itself, Mr. Janku believed it would make no sense to rezone
the small portion contained within Tract B to C-P. He agreed with the Commission's
recommendation.
B319-00 was given third reading with the vote recorded as
follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B324-00 Authorizing improvements to
Twin Lakes Recreation Area.
The bill was given second reading by the Clerk.
Mr. Beck explained that this project involves the construction
of a parking lot to serve a larger picnic shelter at Twin Lakes. The estimated
project cost is $48,000 which was included in the FY 99 budget. He noted that
some of the work will be contracted and some will be done with City forces. The
estimated amount for City forces is approximately $8,000.
Mr. Janku asked if there was a possibility of the hard surface
area being used for sports activities when not in use for peak parking. Mr. Hood
indicated staff could look into it, but he added that no interest had been expressed
by anyone to use the lot for such. Mr. Janku thought the lot could be used for
roller hockey and other similar sports.
Mayor Hindman wondered due to the parking lot's proximity
to the adjacent creek, whether storm water run-off and flood plain issues have
been accounted for. Mr. Hood responded that staff had reviewed those issues.
Mayor Hindman asked if there would be a landscape strip in the middle of the
lot. Mr. Hood replied that the center part of the parking lot will be landscaped.
Mr. Janku believed that if the middle of the lot is landscaped,
that would preclude the use for other activities. Mayor Hindman replied there
are other areas at Twin Lakes that could be used for athletic fields. Mr. Janku
indicated it would not be a hard surface area. Mrs. Crockett believed that the
parking lot should be landscaped as the City would require anyone else to do
the same. Mr. Janku noted that there may be ways to landscape it that would not
preclude its use.
Mr. Campbell commented that the demand between the use of
the lot and the activities Mr. Janku was speaking of would overlap. He noted
there is a tremendous need for parking in this area. Mr. Campbell supported the
construction of an aesthetically pleasing parking lot versus an unattractive
lot that might be used for sports activities just a few days out of the year.
Mrs. Crockett asked if the construction of the 36 parking
spaces would cost $48,000. Mr. Hood said that was correct -- the parking lot
will have 36 spaces, but the project will also include the surfacing of the service
road.
Mayor Hindman opened the public hearing.
There being no comment, Mayor Hindman closed the public hearing.
B324-00 was given third reading with the vote recorded as
follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
A) Street improvements to Heather Lane.
Item A was read by the Clerk.
Mr. Patterson explained that the purpose of this public hearing
is to officially determine the necessity for constructing Heather Lane from Broadway
northward to the stub of Heather Lane near Ash Street, approximately 1,000 feet.
The project was initiated by a petition from the Broadway Christian Church, one
of the two abutting property owners. He noted that right-of-way for the project
has been previously dedicated.
Mr. Patterson reported the proposal is to construct the street
to a 32-foot width with sidewalks being placed on both sides of the street. If
sidewalks are to be built on only one side, he explained that staff's recommendation
would be the east side as the apartment complex would generate more daily pedestrian
movement than the Church would. The resolution estimate for the project is $137,000
and as a residential street, the cost of the construction can be assessed to
the property owners to a limited extent - which would be the local pavement portion
of a residential street as determined by a formula based on the past two years
construction costs. In this case, that amount is calculated not to exceed $30
per abutting foot. Mr. Patterson noted that assessment would generate about $49,800
of the cost for the project, with the balance coming from the annual street program
in the CIP. He pointed out that previous reports had been submitted to the Council
providing background information such as the historical details of the street
dedication of right-of-way, City policies pertaining to funding implications,
in addition to questions relating to traffic considerations.
Mr. Patterson remarked the street would be simple to build,
but mentioned a few design considerations staff believed to be important. He
noted that if the project is to proceed, he thought that the entrance to the
apartment complex should be eliminated and a connection could be reestablished
on Heather Lane in order to limit the number of high volume entrances so close
in proximity to each other. Mr. Patterson pointed out that if the staff is not
able to obtain voluntary agreements with regard to the relocation of the entrance
on Broadway, it may be necessary to acquire the access rights which could significantly
impact the project cost.
Should the Council decide to proceed with construction, Mr.
Patterson indicated it will be necessary to have a public hearing after construction
to determine if there have been special benefits that have accrued to the properties
as a result of the project. In this case, he remarked that the Council should
consider that the street will provide enhanced access to the properties, thus
enhancing the values of such, and that the sidewalks will increase pedestrian
safety in the area by providing access to commercial areas to the north. If a
motion is made directing staff to complete the necessary documents for bidding
construction of the project, Mr. Patterson asked that the motion be specific
to include the Council's desire as to sidewalks -- both sides or one side as
suggested in the report.
Regarding the acquisition rights, Mr. Campbell asked how much
that would cost. Mr. Patterson indicated he would have no idea at this point
because if an agreement cannot be reached, the property will have to be appraised.
He said it could be a major item. Mr. Patterson reported that the Council will
have to approve any right-of-way acquisition, so at that point they would know
the negotiation status.
Mr. Beck asked if the project includes an alternate connection
from the apartment complex to the street in lieu of the connection directly onto
Broadway. Mr. Patterson responded it would include that, as well as at the connection
to the north. Mr. Beck asked if this was the unofficial driveway. Mr. Patterson
said that is correct, the apartment complex has no permit for it at this point.
However, the City would not deprive them of an access.
Mrs. Crockett asked if Heather Lane, north of Broadway, lines
up with the Heather Lane stub south of Broadway. Mr. Patterson said the offset
of the right-of-way was made in order to make the curve line-up with the street
to the south. He noted the right-of-way has been modified in order to allow it.
Mayor Hindman opened the public hearing.
Roland Walker, an attorney with offices at 301 Market Square
Center, displayed an overview of the Church's property. He noted that he had
previously sent the Council a list of uses of the Church. Mr. Walker reported
this is an issue of safety. He explained that the present parking lot currently
accommodates 229 cars. This extension will allow the construction of two additional
lots on the west side of the Church for another 155 spaces. Mr. Walker pointed
out that the Church dedicated the right-of-way for this road in 1966, and then
the triangle of land was dedicated in 1980. Mr. Walker noted that presently the
church members only have one way out of the parking lot, whereas with the extension
they will have two. In his opinion, the extension would greatly benefit the apartment
complex.
Mr. Campbell asked if the new parking lot would be landscaped.
Mr. Walker said he was sure it would be.
Mr. Janku asked Mr. Walker if he anticipated the Church also
using Heather Lane for parking. He questioned whether it would be a problem for
the Church if the City were to restrict on-street parking to facilitate traffic.
Mr. Walker said the purpose of the new lots is to keep people from parking on
the street, but during peak periods he could see where the street would be used.
He also anticipated some of the sports groups would park on the street as well
as in the Church's lots. Mr. Walker did not believe it would be a major problem
to restrict the parking.
Jack Miles, 4012 Bent Oak, spoke in favor of the petition
to extend Heather Lane north from Broadway to Ash. He explained that he has been
a member of Broadway Christian Church since 1964. He said he has seen it grow
from around 100 members to approximately 1,300 which has created a real parking
problem. The extension will allow the Church to accomplish two things essential
to their continued growth; they could proceed with the construction of a new
parking lot to the east of the existing buildings, and the new road would open
up access to the property from the east. Since there are only two property owners,
Mr. Miles noted the question has been raised as to whether or not the Church
should pay for more than half of actual tax bill cost for the extension. He pointed
out that the Church has given a 50-foot easement that runs the full length of
their east property line, which totals about 970 feet. Mr. Miles stated that
land could easily be appraised at $75,000 to $80,000.
Rick Frost, 608 Manor Drive, a Pastor of Broadway Christian
Church, asked for the Council's support in the extension of Health Lane. He asked
those in support to stand. Approximately three dozen people stood. Mr. Frost
reported the Church is a good community partner as their facilities serve as
a gathering place for hundreds of community service groups. He indicated the
Church is prepared to and wants to pay their fair share in this effort, but they
do not believe they should pay more than that.
Ed Stansbury, 3716 Bray Court, current Chairman of the Church
Board, asked the Council to support their petition for the extension of Heather
Lane.
Gertie Combs, 1025 Lakeside Drive, spoke in support of the
street extension.
Bob Black, 507 W. Lathrop Road, a Broadway Christian Church
member, said this extension has been on paper since 1966 and they have waited
for the appropriate time to request the extension. Mr. Black said now is the
time for Heather Lane to be extended. He spoke about the many activities that
go on at the Church and how critical the parking situation has become. Mr. Black
asked the Council for their support.
David Rogers, an attorney with offices at 813 E. Walnut, spoke
on behalf of R.D. Associates, the other landowner involved in this situation.
He reported these individuals are not particularly in favor of building the street.
He pointed out the road would directly abut their parking lot from Broadway to
Ash. Mr. Rogers noted the existing access on Broadway is a direct connection
to the leasing office. He reported the owners will not voluntarily give up that
access and the City would have to acquire it by eminent domain. Mr. Rogers expressed
an interest in Mr. Patterson's statement about the City creating a replacement
entrance onto the new extension of Heather Lane. He did not know what that was.
Regarding the unusual looking entrance onto the stub of Heather Lane at the northern
edge of the property, where Mr. Patterson said there was no permit, Mr. Rogers
was not sure driveways require a permit. He agreed it was somewhat highly irregular.
He believed this entrance was created when Mr. Barnes owned the property, and
he thought they had come by it fairly. Mr. Rogers indicated that if the owners
have to give up that entrance as part of the price of opposing the building of
the street, he said they would do so because an entrance is not necessary at
the northwest corner of the property.
John Heatherton, 2401 W. Broadway, noted that he is not a
designated speaker for the residents of Gate House Apartments. He was concerned
with the temporary inconvenience and the noise that will be created by the construction
of Heather Lane. He thought this road would be a safety concern because of the
number of children that play in the area. Mr. Heatherton did not see many benefits
to the community with the extension of this street, but he could see many for
the Church.
Mr. Campbell asked when the apartments had been built. Mr.
Rogers said he had no idea. Mr. Campbell questioned if the street was platted.
Mr. Rogers indicated the street was never platted. He commented that the Church
at one time spoke about building some residential lots at the other end of their
property, and that was how they came to donate the easement. Mr. Campbell did
not believe that assumption was correct since the street is named Heather Lane
on the other end. Mr. Rogers said he did not believe there to be any subdivision
plat that shows it as a platted street.
Mr. Beck thought it was dedicated as a street right-of-way
in the 60's after it was annexed. He recalled the property north of the actual
Church property being zoned R-3 at one time. He said there was an agreement worked
out with the Biscayne Mall, the Church and the City in 1980. Mr. Beck reported
that the Church dedicated the right-of-way, plus the triangle of land, in order
to allow for the alignment of Heather Lane to the south. He noted that is the
disadvantage of the driveway as it exists -- it does not align with Heather Lane
to the south.
Mayor Hindman closed the public hearing.
Mr. Campbell presumed space was available on both sides of
the street for sidewalks. Mr. Patterson said that was correct. Mayor Hindman
asked if the sidewalk on the east side would directly abut the parking lot. Mr.
Patterson replied that walks are typically set a foot off of the right-of-way
line. Mayor Hindman asked if there would be a seven foot area to allow for landscaping.
Mr. Patterson said there could be, but typically it would only leave four feet.
If a five foot sidewalk is constructed, that would take it to the property line.
Mayor Hindman said he did not like the idea of the sidewalk being up against
the parking lot as it would not be very attractive. He asked whether the Church
would consider letting the City move Heather Lane a little further to the west.
Mr. Miles responded that the committee would probably not
be amenable to that suggestion. He wondered what the need was for sidewalks on
both sides of the street instead of on the west side only. Mr. Miles remarked
that if the Church dedicated more land to this project, he believed it would
limit the size of future parking lots and buildings they could construct on their
property. He indicated they could look into it.
Mr. John said if a sidewalk is constructed on one side of
the road, the City could offset the roadway in the right-of-way so there is more
than nine feet on one side and less on the other. Mr. Patterson acknowledged
this could be done. He noted that quite frequently reconstructed streets have
been set off-center.
Mr. Campbell noted the full length parking lot that is on
the east side of the proposed street. He wondered if it would be more useful
to have a wider sidewalk on the west side to allow for more green space on the
east side.
Mr. Janku thought walks are needed on both sides of the street
as there are a lot of children at Gate House Apartments. He agreed the sidewalk
should be moved away from the parking lot and that there should be a significant
amount of landscaping done through the stretch, but kids should not have to cross
this street to go to school during peak rush hour times. Mr. Janku was hopeful
the Church would be amenable to some flexibility because of the parking lot.
Mr. Campbell disagreed. He noted there is a full sidewalk
network inside the apartment complex.
Mayor Hindman commented that the Heather Lane stub has sidewalks
on both sides of the road. He agreed with Mr. Janku's comments.
Mr. Rogers suggested that the issue be tabled to allow the
parties to work out an agreement between themselves that could be presented to
the Council.
Mr. Walker noted that an agreement had been worked out in
the mid-seventies between the Church, the owners of the Biscayne Mall development
and the apartment complex. He reported that considerable work went into the proposal
and then the owners of the apartment complex backed out of the agreement. Mr.
Walker asked that the Council make the decision so the project could proceed.
Mayor Hindman understood the position of the Church, and asked if there was a
reason a decision could not be put off for 30 days. Mr. Walker indicated they
did not want anyone backing out like before.
Mr. Janku noted the project could be initiated sooner if the
owners of Gate House Apartments support it. Mr. Campbell agreed, and he thought
the Council is in favor of the project, but they wanted to have it worked out
as much as possible for all involved.
Mr. Beck noted that the cost over and above the tax bill amount
will be borne by the general public, including any acquisition costs. If something
could be worked out to avoid extra cost to the taxpayers, Mr. Beck commented
that would be appreciated.
Mr. Rogers reminded the Council that the "backing out" by
the apartment complex that had been referred to was done at least two or three
owners ago.
Mr. Campbell said he was personally very supportive of the
project. He remarked that because this proposal has been worked on for twenty-some
years, he did not think one more month would make a major difference in the outcome.
From a construction standpoint, Mr. Patterson agreed that
one more month would not make a difference. He noted it would be next summer
before the project can even begin.
Mr. Janku made the motion that Item A be tabled to the November
6, 2000, meeting. The motion was seconded by Mr. Campbell and approved unanimously
by voice vote.
Mrs. Crockett asked if it would be necessary for all of the
Church supporters to return in November. Mayor Hindman said his personal opinion
was that those individuals would need not come back, but he did not want to say
they should not return.
OLD BUSINESS
PR134-00 Establishing a policy and standards
for pedestrian crossings.
The policy resolution was read by the Clerk.
Mr. Patterson explained that the amendments being proposed
had come about as a result of a Council work session and what staff believed
the direction to be. He noted the policy was referred to the Bicycle and Pedestrian
Commission for their input as well. Mr. Patterson explained the proposed amendments.
Susan Roberts, 601 Westwood, spoke on behalf of the Bicycle
and Pedestrian Commission. Referring to page 8 of the report in regards to crossings
installed in streets having a daily traffic volume of 8,000 vehicles per day
or more, Ms. Roberts stated the Commission requested that the volume be changed
to 4,000 vehicles. She reported the Commission's feeling was that streets like
Fairview and Chapel Hill would be affected by this amendment. Ms. Roberts apologized
that the Council had not received this information, but she thought it had been
sent over a week ago.
Mr. Patterson said he was not aware of the suggested change
Ms. Roberts referred to until this evening. For that reason, he was not prepared
to say how many streets would be affected with regard to the markings. Mr. Patterson
reported that the Commission's amendment would likely apply to a significant
number of streets.
John Clark, 403 N. Ninth, also a member of the Bicycle/Pedestrian
Commission, indicated that he had been very much involved in developing the plan.
He said the Commission believed the recommendations being proposed would strengthen
the policy.
Mayor Hindman made the motion that PR134-00 be amended per
the amendment sheet. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
Mayor Hindman made the motion that PR134-00 be further amended
to change 8,000 vehicles to 4,000 vehicles. The motion was seconded by Mr. Janku.
Mr. Campbell did not know if he could support that amendment
because staff does not know what streets will be affected. If he had more information,
he might be in favor of it.
Mrs. Crockett indicated she would also oppose that particular
amendment at this point because with a traffic count of 4,000 vehicles, there
would be crosswalks on almost every street in town. She noted the more stops
drivers have to make, the more backed up traffic will become.
Mr. John thought when emphasis is placed on everything, then
nothing has emphasis and everything loses importance. He suggested that the Council
be judicial when applying special emphasis and special sidewalk crossings.
There was a discussion about tabling the issue until the next
meeting. Mr. Patterson said he could have the numbers ready for the next meeting
and could actually have the amendments incorporated into the document.
Mr. Janku made the motion that PR134-00, as amended, be tabled
to the October 16, 2000, meeting. The motion was seconded by Mr. Campbell and
approved unanimously by voice vote.
B316-00 Vacating a utility easement
located within the proposed Burger King Subdivision.
The bill was given second reading by the Clerk.
Mr. Dudark explained that this request involves the vacation
of a four foot wide utility easement. He noted there are no utilities presently
located within this easement. Mr. Dudark indicated that another easement will
be dedicated as a part of the next item on the agenda.
B316-00 was given third reading with the vote recorded as
follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B317-00 Approving the final plat of
Burger King Subdivision; granting a variance to the Subdivision
Regulations;
authorizing a performance contract.
The bill was given second reading by the Clerk.
Mr. Dudark explained that this is a one lot plat with two
variance requests. The first variance relates to the requirement that a public
sanitary sewer line must be extended to the site. Mr. Dudark reported the applicant
is making improvements to a private sanitary sewer to the north of the property
that is connected to the adjacent apartment complex. He explained staff supports
the improvement and has no objection to the variance for the sanitary sewer easement.
Mr. Dudark stated the second variance pertains to the requirement
of a sidewalk along Stadium Boulevard, which is classified as an expressway.
Mr. Dudark pointed out that in the Subdivision Regulations there is a provision
allowing the Council to grant a variance to the requirement of constructing a
sidewalk along an expressway if there is no public need, nor harm to the public
health, safety or welfare. He said the Planning Commission debated the issue
quite a bit and ended up with a 4-3 vote in favor of the variance recommendation.
Mr. Dudark noted that the Missouri Department of Transportation is also in favor
of the variance request. He remarked there is a large ditch in this area between
the roadway and the property, and added that the sidewalk would not extend to
Worley Street.
Tim Reed, a land surveyor with Engineering Surveys and Services,
said in a C-P zoning there is a requirement that the property must be platted.
Mr. Reed pointed out that this technically is a legal lot having a recorded survey
before the magical date in 1964, but it is not a plat -- it is a recorded boundary
survey. Mr. Reed explained that Burger King is requesting the sidewalk variance
along Stadium for the simple reason that it will extend along the western boundary
and stop at their northern boundary, which is a large wrought iron fence around
the Court Yard Apartments. He said there is also a significant drainage swale
on down to Ash Street. Mr. Reed commented there is a water main in this area
as well as some gas lines.
Mr. Janku thought this sidewalk probably falls within what
the Council is trying to accomplish with the new policy which was adopted this
evening in that if someone cannot, in the short term, build a sidewalk or it
is unusually difficult, the person puts up the cost and then eventually a walk
is put in. He believed that eventually the City would want a sidewalk in this
area.
Mrs. Crockett asked if Mr. Janku thought the applicant should
put the money up for the cost of a sidewalk. Mr. Janku said that was part of
policy resolution that was just adopted by the Council. Mayor Hindman was not
sure that would apply in this case. Mr. Beck said the question would be whether
or not Stadium Boulevard could be considered an unimproved street. Mr. Janku
believed it would be considered unimproved because it does not have a curb and
gutter.
Mr. Patterson said in relationship to the policy resolution
passed earlier, the Council always has the option of requiring the sidewalk to
be built as part of the final plat. He said a performance agreement could be
executed that would require a sidewalk to constructed within three years. If
the Council grants the variance, the applicant would have no obligation to put
up the money for a sidewalk. Mr. Boeckmann further explained that the development
agreement needs to be worked out before the Council grants a variance. Mr. Patterson
indicated that if the Council denies the variance, the staff would have the opportunity
to bring back a development agreement to achieve what was being referred to.
He pointed out the worst that could happen with that scenario is that the sidewalk
might not be constructed until three years from now.
Mr. John noted this lot was laid out by rules that were changed
after it was surveyed. He commented that the applicant is submitting to the current
rules of a plat. Mr. John stated these people want to rebuild and remodel a building
to improve its appearance. He believed the applicants are being held up on a
technicality. In addition, he was not sure a sidewalk on an expressway is a good
idea anyway. He remarked that to make someone pay for a sidewalk on a technicality
is also a bad idea. Mr. John was supportive of the variance.
Mr. Campbell agreed with Mr. John. He thought the Council,
with some degree of common sense and rationality, should look to where the sidewalk
networks are likely to be within the foreseeable future. He believed the wrought
iron fence is a permanent fixture and it would be a long time before a sidewalk
network would connect to this particular development.
Mrs. Crockett agreed with Mr. John and Mr. Campbell and said
she would support the variance request.
Mr. Beck wondered if there is right-of-way to allow for the
construction of a sidewalk. Mr. Patterson said the issue is whether or not the
Highway Department would even allow a sidewalk in the right-of-way. Mr. Beck's
point was that there are several outstanding issues.
B317-00 was given third reading with the vote recorded as
follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, CRAYTON, JANKU. VOTING
NO: HINDMAN. Bill declared enacted, reading as follows:
B320-00 Appropriating donated funds
to purchase supplies for the D.A.R.E. Program.
The bill was given second reading by the Clerk.
Mr. Beck remarked that about $8,000 was received toward gifts
in the Police Department to purchase supplies for the D.A.R.E. Program. He said
the Silvey's have contributed a lot toward this program over the years.
Chief Boehm commented how appreciative the City is to have
received the money, most of it donated by Jim and Billie Silvey. He said the
Department and the City certainly appreciate their continued support.
B320-00 was given third reading with the vote recorded as
follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B327-00 Amending Chapter 18 of the Code relating
to the firefighter's retirement plan.
The bill was given second reading by the Clerk.
After reviewing all of the factors involved in this amendment,
Mr. Beck thought they should probably move ahead. The enhancement will be paid
for by the firefighters.
Mark Brunstrom, 7101 Wehmeyer, a 15-year employee of the Fire
Department and Chair of the Firefighters' Retirement Board, offered to answer
any questions.
Mr. John noted that the vote in support of this amendment
had been close. Mr. Brunstrom indicated that they had not received any negative
comments. He added in recent polls, it seems the firefighters are more supportive
now than when the initial vote was taken.
B327-00 was given third reading with the vote recorded as
follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B329-00 Authorizing a right of use
permit with PF. Net Network Services Corp to install fiber optic cable
within
city
right-of-way.
The bill was given second reading by the Clerk.
Mr. Beck noted that this agreement is similar to what is used
by other cities, particularly St. Louis County. The project involves laying cable
across northern Columbia in city right-of-way. After several meetings, the $1.91
per foot was arrived at which the staff felt to be fair after reviewing what
some other cities have been receiving. Mr. Beck stated about $90,000 per year
will be realized for the first ten years.
Mr. Janku asked what would be done to ensure the clean-up
is handled properly. Mr. Watkins said the proposal is to take some of the money
received in the first year as revenues and hire temporary inspectors, probably
one for each of the drilling crews. He noted the installation will involve boring,
there will be no cuts in any of the streets or sidewalks. Mr. Watkins explained
that he and the City Engineer have had conversations about this project, and
it is his intent to issue a stop work order if a problem occurs so that those
areas can be cleaned up before anymore work is allowed. Mr. Janku asked if measures
could be taken, like door hangers, to make people aware of what would be going
on their neighborhood and to ensure they know who to call with questions or complaints.
Mr. Watkins replied that the project would be closely monitored by the Public
Works Department. He thought the door hanger was an excellent idea and he would
see if that could be implemented.
After the system is in place, Mrs. Crockett asked which fund
the $90,000 would go into. Mr. Beck said it would go to the General Fund.
Mr. Janku asked about insurance coverage and whether or not
accidents with other utility lines would be covered. Mr. Watkins indicated it
would be covered. He said the City would hold AT&T liable, not their sub-contractors.
Elvis Stout, Houston, Texas, spoke on behalf of PF. Net Network
Services Corp and AT&T. He offered to answer any questions.
B329-00 was given third reading with the vote recorded as
follows: VOTING YES: CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
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.
B315-00 Vacating a water line easement
located within Wyatt Lane Acres Subdivision, Plat 5.
B318-00 Approving the final plat of
Nazarene Subdivision, Plat No. 2; authorizing a performance contract.
B321-00 Confirming the contract of Emery
Sapp & Sons for relocation of the water main along Route AC.
B322-00 Approving engineer's final report
for construction of water main serving Heritage Estates, Plat 1;
accepting
a deed of dedication; authorizing payment of differential costs.
B323-00 Accepting easements for electric
and water main purposes.
B325-00 Amending Chapter 27 of the Code
relating to the City's utility customer financial assistance programs.
B326-00 Levying and assessing special
taxes for abatement of weed nuisances.
B328-00 Amending the cooperative agreement
with Boone County and Boone Electric Cooperative for
establishment
and operation of a geographic information system.
R190-00 Setting a public hearing: construction
of Fire Station No. 8.
R191-00 Setting a public hearing: improvements
to Lake of the Woods Pool.
R192-00 Setting a public hearing: traffic
signal additions at the intersection of State Route 763 and Smiley Lane.
R193-00 Setting a public hearing: improvements
to the intersection of St. Charles Road and Keene Street.
R194-00 Authorizing a revised agreement
with Columbia Community Development Corporation and approving
a
request for HOME funds.
R195-00 Renewing an agreement with the
Missouri Department of Health for WIC services.
R196-00 Renewing an agreement with the
Missouri Department of Health for the Community-Based Home
Visitation
Program.
R197-00 Authorizing agreements with
the US Geological Survey for groundwater and water quality monitoring
in
the vicinity of the wetlands.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL,
JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bills declared
enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R198-00 Approving the preliminary plat
of R.T.W. Addition.
The resolution was read by the Clerk.
Mr. Beck noted that this involves 18 R-2 lots and was recommended
for approval on a 7-0 vote by the Planning and Zoning Commission. He noted approval
of the plat is contingent upon the applicant agreeing to certain street improvements
to State Route PP to deal with a sight distance problem.
Mr. Dudark explained that this particular intersection is
located on the crest of a hill. He said the existing street, across Aztec, has
some sight disability problems as well. The developer and the City are working
on an agreement to try to alleviate several problems with an asphalt lift on
the roadway.
Mrs. Crockett noted that when Habitat built new homes on Aztec
a few years ago, the sight distance problem was never mentioned. She was appreciative
that the developer is willing to share in the cost of alleviating some of the
problem.
The vote on R198-00 was recorded as follows: VOTING YES: CROCKETT,
CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R199-00 Authorizing an agreement with
Ameren Energy Development Company relating to a proposed gas
turbine
project at the Bolstad Substation.
The resolution was read by the Clerk.
Mayor Hindman noted that they discussed this issue at length
at the pre-Council dinner.
Using the overhead, Mr. Malon described the project. He explained
it as a public/private partnership between the City of Columbia and Ameren Energy
Resources Development. He pointed out that this is not the same company as Ameren
UE, the utility provider. He reported that Ameren Energy Resources is a private,
unregulated, independent power producing subsidiary of a holding company based
out of Illinois. Mr. Malon remarked that the proposal calls for the installation
of three, 39 megawatt simple cycle industrial-type gas turbines. Ameren will
design the turbines, finance them, construct them, and put them into service
and operate them. He noted that the City will have an opportunity to purchase
some capacity off of the units. Mr. Malon explained the City's interest in the
project. He stated that the goal is to have the units on line for the summer
of 2001. He thought the City would finance somewhere between $30,000 to $50,000
for engineering costs. He indicated those funds have been budgeted.
Mr. Malon explained that this agreement, if approved by the
Council tonight, is a Letter of Intent to assure Ameren that the City is serious
about the project. It would also give Ameren the right to enter onto the Bolstad
property to perform solo borings, etc.
Mr. Janku asked if the City's power plant is ever used in
a peaking capacity. Mr. Malon replied it was. He noted that Columbia has two
coal-fired steam units, one gas oil-fired steam unit, and one peaking plant --
a 12 megawatt Westinghouse unit. Mr. Janku asked if the proposed turbines being
discussed this evening would ever displace some of the coal-fired power. Mr.
Malon indicated that it would normally not.
Mr. Coffman asked about black start capability. Mr. Malon
said if the entire world goes black and the system collapses, a button can be
pushed and these units will start up. That, in turn, could be used to start the
City's plant.
Rick Smith, a representative of Ameren, offered to answer
any questions.
David Rogers, an attorney representing the Ewing's, explained
that they are probably the closest private property owner to the site in question.
In regards to the Letter of Intent, Mr. Rogers asked if the map was intended
to be a part of the agreement as far as the property that would be covered by
it. Mr. Malon said it would cover the basic property until the actual amount
is outlined. He thought that would probably be a site in the neighborhood of
four or five acres immediately adjacent to and north of the substation. Mr. Rogers
believed the agreement did not do a good job of saying what property is covered.
Mr. Boeckmann said when it is determined where exactly the turbines will be located,
the agreements will specify that. Mr. Rogers noted a minor error in the agreement
(paragraph 2(b) should read "without limitation" not "with limitation"). Mr.
Boeckmann agreed and said the change would be made.
The vote on R199-00 was recorded as follows: VOTING YES: CROCKETT,
CAMPBELL, JOHN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSTAINING: COFFMAN.
Resolution declared adopted, reading as follows:
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B330-00 Appropriating donated funds
from Rick and Sally McDowell to purchase police equipment.
B331-00 Accepting a Law Enforcement
Traffic Services Grant; appropriating funds.
B332-00 Vacating unused utility and
sewer easements located on the Tribune Publishing Company site.
B333-00 Approving the final plat of
Vanderveen Crossing, Plat No. 6; authorizing a performance contract.
B334-00 Approving the third replat of
part of Lot 103, The Meadows Phase I.
B335-00 Approving an amendment to the
Columbia Mall C-P Development Plan to allow for conversion of
the
Mall-4 Theaters to a Barnes and Noble Book Store.
B336-00 Amending Ordinance No. 016578
to correct the legal description of the property located on the
south
side of Smiley Lane that was rezoned from C-3 to R-1.
B337-00 Rezoning property located on
the east side of Providence Outer Roadway, along the proposed
eastward
extension of Green Meadows Road from R-1, R-2, R-3 and C-1 to C-P and O-P.
B338-00 Authorizing an STP-Urban Program
agreement with the Missouri Highway and Transportation
Commission
for the Green Meadows Road Construction Project.
B339-00 Authorizing an STP-Urban Program
agreement with the Missouri Highway and Transportation
Commission
for the Blue Ridge Road Reconstruction Project.
B340-00 Accepting easements for utility
purposes.
B341-00 Authorizing construction of
improvements to Lake of the Woods Pool.
REPORTS AND PETITIONS
A) Intra-departmental Transfer of Funds
Report accepted.
B) Adaptive Use Study, John William
Boone Residence
Mr. Beck explained that if the report is accepted, staff could
close out the City's agreement with the architect.
The report was accepted.
BOARDS AND COMMISSIONS
None.
COMMENTS OF COUNCIL, STAFF, AND PUBLIC
Mrs. Crockett commented that she was hopeful the appraisal
price on the Stephens property would be made public as soon as the City receives
notification.
Mr. Campbell noted that the Library construction on Garth
was causing consternation in his ward. Particularly troublesome is the parking
situation because there is no longer a parking lot which was frequently used
by parents dropping of children at Grant School. He asked Mr. Patterson to review
the situation. Mr. Campbell noted that he had heard a suggestion about making
Garth a one-way street north. Mr. Patterson replied that he and his staff met
with school officials and members of the Grant School PTA just this week. Staff
agreed to a request for curb painting and signing in order to restrict the parking.
He reported they are in the process of implementing that request and would continue
to observe the situation. He indicated if this does not work, staff could use
more aggressive measures. Mr. Campbell asked whether the curb painting would
be for dropping-off purposes or for school buses. Mr. Patterson said it would
be restricted to passenger vehicles for pick-up only, parents will be restricted
from parking in those locations.
Mr. John noted that at both Council retreats he has attended,
a high priority had been given to review the possibilities of a large scale annexation
to smooth off the City limits. He would like to see, within the next few meetings,
a plan to initiate such an annexation for possibly the 2001 election. Mr. Janku
remarked that he supported planned annexation. He would like to see what could
be done to encourage voluntary annexation prior to a major, planned annexation.
Mayor Hindman reported this issue is being reviewed by the staff at this point.
Mr. Janku commented that over the last few budget years, the
City has assisted in a program to replace playground equipment in some of the
older neighborhood school parks. He would like to see what could be done over
the next few years with regard to some middle-aged schools such as Blue Ridge,
Parkade and Ridgeway. Mr. Janku noted those playgrounds have relatively old equipment.
Mr. Beck commented that some of these schools may be eligible for CDBG funds.
Mr. Janku pointed out that on the Consent Agenda the Council
voted to tax bill two properties for weed violations. He remarked that in both
cases these are repeat offenders. Mr. Janku asked the staff too look into what
could be done to streamline our procedures consistent with due process and notice,
so that the City can move as quickly as possible in terms of correcting the nuisance.
He knew of a property owner who had erected a wooden fence, at considerable expense,
because of an adjacent property that is consistently unsightly. Mr. Janku wanted
to see the speed of enforcement stepped up. On the specific issue of weeds, Mr.
Boeckmann reported that before the next weed season, there will be an ordinance
proposed that will streamline the procedure somewhat. He said the due process
issues are not quite as severe when it comes to cutting weeds as it would be
to demolish a building.
William Woodward, 200A Unity, said there are areas in the
inner city where there are no sidewalks. Mayor Hindman responded that the Council
is aware of that problem, however, there were no sidewalk requirements in the
central city when that area was built. He noted that staff is currently working
on the Sidewalk Master Plan.
Troy Barton, 1201 Lakeview, expressed extreme concern about
the crack cocaine problem in Columbia. Ms. Crayton said she had been fighting
the crack problem for the last several years. She invited Mr. Barton to help
her in her efforts.
The meeting adjourned at 10:05 p.m.
Respectfully
submitted,
Penny
St. Romaine
City
Clerk
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