INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:10 p.m., on Monday, November 19, 2001, in the Council
Chamber of the City of Columbia, Missouri. The roll was taken with the following
results: Council Members HUTTON, LOVELESS, 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 November 5th, 2001,
as well as the minutes of the special meeting of November 5th, 2001, were approved
unanimously by voice vote on a motion made by Mr. Hutton and a second by Mr.
Loveless.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mayor Hindman noted that B387-01 would be added under Introductions
and Report E would be added under Reports and Petitions.
The agenda, as amended, including the consent Agenda, was
approved unanimously by voice vote on a motion made by Mr. Loveless and a second
by Mr. Hutton.
Mr. John made the motion that Mr. Coffman be allowed to abstain
from voting on B371-01. The motion was seconded by Mayor Hindman and approved
unanimously by voice vote.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENT
None.
PUBLIC HEARINGS
B363-01 Amending Chapter 29 of the City
Code relating to off-street parking and loading regulations.
The bill was given second reading by the Clerk.
Mr. Dudark explained that his staff and the Planning and Zoning
Commission, along with local architects, engineers and the real estate development
community, reviewed the City's parking requirements which date back to the 60's.
The amendments being proposed relate to parking requirements for various types
of residential, commercial and recreational uses. Mr. Dudark reported their research
included comparing parking requirements in other similar university cities in
the Midwest, as well as examining guidelines at the national level. In many cases,
it was thought that Columbia's parking regulations require more than what is
actually needed.
Mr. Dudark reviewed the design standards which pertain to
aisle width and angle parking. He also noted a provision to allow shared parking
where there is a mixed use that may operate at different times of the day or
different days of the week. He commented there was a lot of interest in the latter.
Mr. Dudark pointed out the proposed amendment which would allow an applicant
to set aside 20% of an area to be used as open space until the need for additional
parking can be demonstrated. In addition, a provision is proposed to give credit
for projects that have transit accommodations, and a new requirement to have
bicycle parking facilities on larger parking lots. Mr. Dudark reported the concept
of limiting the maximum amount of parking to be relatively innovative. Anything
more than 30% above the minimum would require approval by the Board of Adjustment
or the Council through a planned district application.
Mr. Janku spoke about complaints he has received over the
years in regard to automotive repair shops. He believed more on-site parking
should be required at these places of business. He suggested that the number
be increased to reflect that most auto repair shops service several vehicles
a day, and many customer cars remain on the lot throughout the day. Mr. Janku
suggested there be eight spaces per service bay rather than two. Both Mr. Loveless
and Mr. John thought eight would be too high.
Mr. Janku proposed that no changes be made to the requirements
for health clubs. Based on personal observation, he said parking needs are much
higher than what is proposed by the ordinance. The current ordinance requires
one space per one hundred square feet of facility space, and the proposal is
for one space per two hundred square feet. Mr. Dudark pointed out that the current
regulations have not been applied, but the one per two hundred was used at one
of the Wilson's facilities, and one per three hundred at the other. Mr. Janku
believed the new proposal to be way too low.
Both motions made by Mr. Janku were seconded by Mr. Hutton.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Mr. Janku spoke about amending the school parking numbers.
He noted that most of the new schools base parking on the perceived need, but
this number would be considered excessive by the new amended standards. Mr. Janku
stated the Board of Adjustment would have to grant a variance before the additional
parking could be approved.
Mr. John understood the concept of limiting large parking
lots, but he knew of business person who would want to spend money to pave a
bigger parking area if it was not needed.
Mr. Beck asked if the Council wanted the School District to
come before the Board of Adjustment each time a new school is built. It was ascertained
that current regulations call for one space per employee, and the proposal is
not to change this requirement. Mr. Dudark noted that 30% above the minimum is
where it would come into play. He thought Mr. Beck was suggesting that perhaps
the standard is too low. He said 1.25 spaces per employee would come closer to
matching what is actually being provided. Mr. Dudark explained the stipulation
relating to excess parking would have to be increased from 30% to about 50% to
match what the District is actually building, particularly at the middle and
junior high school level.
Mr. John made the motion to delete subsection (d) shown on
Page 13.
Mr. Hutton agreed with Mr. John in that he saw no incentive
for someone to build more parking. He thought a business would provide the amount
of parking they need.
Mayor Hindman preferred the idea of keeping parking lots at
a useable, but more or less minimum size.
Mr. Loveless pointed out the fact that there is no mention
made of student drivers in high school.
Mr. Janku said he had no retail experience, but he assumed
there are businesses that have less parking than what is needed. He spoke about
the Council's discussion at last week's work session in regards to the possibility
of a residential parking permit program. He believed the reason there are overflow
problems in residential areas is because large parking generators do not provide
enough spaces on-site.
Mayor Hindman believed it was damaging to the community when
very large parking lots are constructed and are not being used. He did not think
parking should be based on peak situations. Mayor Hindman suggested increasing
the excessive parking limit from 30% to 50% to allow more flexibility. If this
is still too low, the Council will hear about it from the Board of Adjustment.
Mr. Beck asked whether the proposed amendments would reduce
any of the parking requirements. Mr. Dudark replied just the parking requirements
related to retail shopping areas. The present standard calls for one space per
150 square feet of facility space, and the new standard would be one space per
250 square feet or one per 200 square feet for a large area. Mr. Beck observed
that some of the existing situations in which there is excessive parking had
been based on the minimum requirement when the lot was built. He was hopeful
the proposed amendments would remedy some of those situations.
Mr. Coffman asked Mr. Dudark if he anticipated receiving requests
for exceeding the minimum by more than 30%. Mr. Dudark thought that would be
the case with the newer schools moving in that direction. He said part of the
problem relates to the base being so minimal. Mr. Coffman asked if there were
other uses that might exceed the maximum. Mr. Dudark replied he was not aware
of any at this time, but there surely would be. Mr. Coffman indicated he would
be more amenable to change the percentage rather than deleting subsection (d).
Mr. Janku thought it was the Council's responsibility to come
up with good standards. He did not think this issue should be deferred to the
Board of Adjustment.
Mr. Coffman suggested the Council vote on each issue individually.
Mr. John recommended that the parking for health clubs be left as is, and then
ask the Planning staff to review this use to break out the exercise floors from
the rest of the facility as two different spaces. Mr. Janku agreed to Mr. John's
suggestion.
Regarding the car repair issue, Mr. Janku said he was willing
to scale back the parking spaces for service bays to four. Mr. Hutton thought
four would be minimal because there would also be inoperable cars on the lot.
The Council agreed to four, but suggested this issue also be referred to the
Planning staff for their review and recommendation.
Mr. Janku made the motion that health clubs be kept at the
current level.
Mr. Janku made the motion that auto repair reflect four spaces
per service bay.
Mr. John made the motion that they delete subsection (d) in
regards to excess parking.
Mr. Janku's motion to amend B363-01 by increasing the required
parking spaces for auto repair businesses to four per service bay, seconded by
Mr. Hutton, was approved unanimously by voice vote.
Mr. Janku's motion to amend B363-01 by maintaining the current
ordinance on parking requirements for health clubs (1 space per 100 square feet),
seconded by Mr. Hutton, was approved unanimously by voice vote.
Mr. John's motion to amend B363-01 by deleting (d) relating
to excess parking, seconded by Mr. Hutton, was approved by voice vote.
Mr. Coffman made the motion that B363-01 be amended by putting
back in subsection (d), just deleted, at a 50% maximum.
Mr. Janku thought the 50% maximum would not affect the parking
situation at the schools too negatively, but he was not sure about the large
parking generators like the colleges and hospitals. He wanted more information
to ensure the ordinance would be workable for the larger generators. Mr. Dudark
indicated staff does not know the amount of parking that has been constructed
for the larger facilities, but he did know the proposal matches up to national
standards and with what other communities have established. He reported staff
looked at minimums not maximums.
The motion made by Mr. Coffman to amend B363-01 by reinstating
subsection (d) at 50%, was seconded by Mayor Hindman, and approved by voice vote.
After additional discussion, Mr. Janku suggested tabling the
issue so staff could come back with information about the parking needs for schools
and hospitals. Mr. John suggested that staff should review the maximum parking
needs on all large generators. He said the research was aimed at making parking
lots smaller.
Mr. John motioned that B363-01, as amended, be tabled to the
December 17, 2001, meeting to allow for a comprehensive look at the maximum needs
of all generators. The motion was seconded by Mr. Loveless and approved unanimously
by voice vote.
B364-01 Establishing permanent R-1
zoning on property located on the south side of Riviera Drive, west of
Langham
Drive.
The bill was given second reading by the Clerk.
Mr. Beck explained that this recently annexed 3.5 acre tract
is located in northeast Columbia. Both the Planning and Zoning Commission and
staff recommend approval.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B364-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B368-01 Calling for bids for the construction
of water main along Scott Boulevard from Vawter School Road
to
Thornbrook Subdivision.
The bill was given second reading by the Clerk.
Mr. Beck noted that this major water main line project located
in southwest Columbia will consist of a 12-inch main, 6,000 feet in length. He
said it was in the CIP, but to advance it, staff thought the city should be paid
some additional cost. An agreement was worked out wherein the developer will
pay $33,000 to advance the project by one year.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B368-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
(A) Voluntary annexation of property
located on the north side of State Route K, east of Old Village Road.
Item A was read by the Clerk.
Mr. Beck pointed out that this 33 acre tract is located in
south central Columbia. The applicant wishes to connect to the City's sewer system.
The owners have informally discussed establishing permanent A-1 and R-1 zoning
on the property.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
OLD BUSINESS
B351-01 Establishing Sanitary Sewer District
No. 144 along Mexico Gravel Road, adjacent to the intersection
of
Mexico Gravel Road and State Route PP.
The bill was given second reading by the Clerk.
Mr. Patterson explained that staff has been working on the
issues raised at the last Council meeting, but these have not yet been resolved.
He thought it could be done by the next meeting.
Mr. Hutton made the motion that B351-01 be tabled to the December
3, 2001, meeting. The motion was seconded by Mr. Loveless and approved unanimously
by voice vote.
B362-01 Voluntary annexation of property
located on the west side of Warren Road, approximately 2,400 feet
north
of New Haven Road.
The bill was given second reading by the Clerk.
Mr. Beck noted that this tract contains 3.75 acres and is
located in east Columbia. The applicant is requesting R-1 zoning and connection
to the City's sewer system.
B362-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B367-01 Approving the final plat of
Richardson Street Subdivision, a replat of portions of Lots 16 and 17
of
Stephens
Addition to the City of Columbia; granting a variance to the Subdivision
Regulations.
The bill was given second reading by the Clerk.
Mr. Beck explained that the plat is located in an older part
of the City and would create two lots. Approval was recommended by the Planning
and Zoning Commission.
Mr. Janku asked if the easements being dedicated are sufficient
if the Council were to grant the variance and later wanted to go back and create
a sanitary district. Mr. Dudark understood the easements were private so the
two homes could cross the intervening tract for access to the public sewer. He
said there were no easements on the lots themselves. Mr. John said there would
be no requirement for easements. Mr. Patterson explained the easements would
not be required as the only requirement is that the lots have access to the sewer
line.
Bruce Beckett, an attorney with offices at 901 E. Broadway,
reported that the staff had some mild opposition to the variance request primarily
because of the concern about maintenance of the shared sewer service line. He
indicated that he prepared a declaration of covenants and easements that would
be recorded simultaneously with the plat that would provide the two lot owners
with cross easements for the purpose of maintaining, repairing or replacing the
common sewer service line and sharing the cost of the work. Mr. Beckett indicated
the document provides a mechanism for one of the lot owners doing the work and
recovering half the cost in the way of a reimbursement from the other lot owner.
The easements are to each other, not the City.
B367-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B369-01 Authorizing an agreement with
Sverdrup Civil, Inc. for engineering services related to water system
improvements;
appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that this fairly major project would be
completed in three phases. A committee took proposals from consulting firms and
recommends Sverdrup Civil. The first phase of the engineering work has been estimated
to cost $66,000. The total maximum amount would not exceed $1.2 million. The
project will expand the treatment plant from 24 MGD to 32 MGD and add a second
transmission line from the water plant up to the Vawter School Road area.
B369-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B371-01 Authorizing a Purchase and
Operating Agreement with Ameren Energy Generating Company.
The bill was given second reading by the Clerk.
Mr. Malon explained the City currently has a development and
power sales agreement wherein we are able to purchase power from the Columbia
Energy Center on Peabody Road across from the Bolstad Substation. He reported
this agreement provides the City an option to buy a 25% undivided interest in
the project. He said it is an option for the City, not an obligation. He listed
the three different times the City may exercise their rights and the purchase
option price for each. If the City does not exercise the option, the agreement
will terminate. Mr. Malon indicated both staff and the Water and Light Advisory
Board recommend approval.
Mr. Loveless asked if there was a projected life span for
this particular generating unit. Mr. Malon explained that these are heavy-duty
industrial units and have a life span of about 40 years. He noted the unit at
the Power Plant was built in 1963. It was recently rehabilitated and is still
going strong.
Mr. Janku commented on the impressiveness of the facility
and he thought the agreement was good for the City.
B371-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, HINDMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSTAINING: COFFMAN. Bill declared enacted, reading as follows:
B374-01 Authorizing an agreement with
the Missouri Department of Transportation for the reconstruction of
the
Grindstone Creek Bridge.
The bill was given second reading by the Clerk.
Mr. Beck noted this agreement would provide for the use of
Old Highway 63 during the period of time when MoDOT is replacing the southbound
Grindstone Bridge on US 63. He said the proposal was for all of the traffic to
come down one side of US 63 and this detour would only handle the ramp traffic
going from Stadium onto US 63 to the south. It will be MoDOT's responsibility
to manage the traffic on Old 63 during this period of time. It is estimated work
on the bridge will begin in the summer of 2002.
Mr. Coffman spoke about the considerable concern expressed
by residents of the area. He asked if there are any other assurances, besides
signal timing, the residents could expect. Mr. Coffman did not expect a big problem
with the detour, except perhaps during the rush hour periods. Mr. Loveless asked
if that would be mainly the traffic from US 63 coming into town. Mr. Coffman
expected that would be the case. Mayor Hindman pointed out that there are people
who live in Columbia, but work in Jefferson City, and would be going the other
way as well.
Mr. Loveless commented that he continues to have concerns
about the pedestrian crossing at Jefferson Commons. Mr. Coffman agreed that was
the one addition that really increased traffic in the area.
Mr. John voiced his concern about the maintenance of the intersection
at Stadium and Old 63.
Mayor Hindman was also concerned about the pedestrians and
cyclists on Old 63 where there are gaps in the sidewalk and they are forced to
go out into the street.
Mr. Beck asked if this project would be finished before the
AC connector. Mr. Patterson replied it would not be. Staff had been told there
are two bridge projects that need to be done - Grindstone Creek and Hominy. One
project will be done next year, and the other will be done the following year.
Mr. Patterson thought the Highway Department is well aware of the potential problems
and would do everything that can be done as far as signalization and timing.
He will convey the Council's concerns to the Highway Department. Mr. Patterson
indicated he would also look at the bicycle issue Mayor Hindman mentioned to
ascertain what could be done to address that situation.
B374-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B375-01 Confirming the contract of
APAC-Missouri, Inc. for the construction of Smith Drive from Windermere
Drive
west approximately 1,600 feet.
The bill was given second reading by the Clerk.
Mr. Beck reported that six bids had been received with the
low bid being $277,775.94 for asphaltic cement. He pointed out that this was
below the engineer's estimate. Mr. Beck reported staff recommends approval.
B375-01 was given third reading with the vote recorded as
follows: VOTING YES: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B376-01 Amending Chapter 16 of the
City Code as it relates to noise and musical instruments.
The bill was given second reading by the Clerk.
Mr. Beck explained that this would provide an exemption for
musical instruments between noon and 5:00 p.m. if the instrument is not plainly
audible at a distance of 125 feet.
Barbara Knowles, 1220 Ridge Road, asked the Council not to
change the noise ordinance. She indicated her neighbor is a professional musician
who uses his home for practice. He operates a drum studio out of his home, giving
drum lessons plus practicing with his band. Ms. Knowles thought that is far different
from someone who gives piano lessons in their home. She can appreciate the importance
of music to the neighbor, but at the same time, she said peace and quiet are
important to both her husband as well as herself. They understood the neighbor
was working on increasing the soundproofing in his practice room. Ms. Knowles
indicated they look forward to that happening and would like to work with him,
but at the same time, wish to see no change in the ordinance.
Mr. Coffman asked if the noise disrupts the Knowles' household
and at what times. She said although they are retired, it is most disruptive
during the evenings and weekends.
Jim Magruder, 1224 Ridge Road, explained that his property
adjoins that of the previous speaker. He was opposed to any changes to the ordinance
for the same reasons stated by Ms. Knowles.
Mr. Coffman asked if Mr. Magruder found the drums disruptive.
Mr. Magruder said he did, and it was not only the drum practice, but the two
bands that practice there weekly as well. Mr. Coffman asked if he had ever called
the City about the problem before. Mr. Magruder said they called about three
years ago and indicated that the noise level was offensive to them. He was not
sure what action, if any, had been taken at that time.
Mr. Hutton asked Mr. Magruder how far he was away from the
source of the music. Mr. Magruder said his property adjoins the rear of the property
and he thought it was within 100 feet.
Nancy Newton, 600 Medavista, spoke in opposition to any changes.
She said previously no one had mentioned that the acoustic instruments being
played are drums. She said these instruments can be heard by the neighbors on
the street behind her house. Ms. Newton reported this activity has gone on for
years at different times of the night and day. She noted the Police Department
had been called three times. Ms. Newton stated her opposition to the ordinance
is not a vendetta, but she simply wants to be able to sit on her screened in
porch or back patio without having to listen to someone else's music.
Mayor Hindman asked how many days a week this is happening.
Ms. Newton responded that it has not happened in the last few weeks since all
of this started. Prior to that, she said it was several days a week and more
often than the Council would want in their neighborhoods.
Alice Anderson, 506 Medavista, said she hears music at all
different times, but was not as affected as the others because she travels frequently.
She did not want to see the ordinance changed.
Russell Newton, 600 Medavista, remarked that he lived fully
125 feet away from the "music house". He stated that Police officers, standing
on the Newton's front porch, have affirmed the music is far too loud. A citation
was written as a result. Mr. Newton opposed any relaxing of the noise ordinances.
William Shakelford, a musician with the Kansas City Street
Band, said there would be no musicians working if it were not for bands being
able to practice in their homes.
Ellen Schlee, 603 Medavista, suggested that the City come
up with some way of measuring the decibel level or giving Mr. Froeschner some
time period when he could play his Carribean pan. She said other noises in the
neighborhood, such as leaf blowers, lawn mowers, and jack hammers, can be heard
and she and Mr. Froeschner do not complain about these necessary noises. Ms.
Schlee indicated the drum studio noise is a necessity for Mr. Froeschner's business.
Gary Froeschner, 603 Medavista, admitted to having a drum
studio in his basement. His studio started officially at the first of the year
and he guaranteed that no one could hear his drum students. Mr. Froeschner maintained
the studio issue came up to turn this into something that it is not. He explained
that he was being ticketed for playing his guitar and his pans upstairs in his
home with the windows open. He reported that he is not making as much noise as
the average lawn mower or a car going down the street. Mr. Froeschner stated
that his band practices in the basement which has three walls underground. The
back wall is a frame wall and it is covered with three layers of commercial grade
carpet out of respect for his neighbors. He said for six years he has been having
band practice in his home and has never received a complaint about that activity
until a couple of weeks ago. Mr. Froeschner explained that he is building a second
wall presently, but he said it would take a lot to stop noise to the point where
he would not violate this ordinance.
Mr. Froeschner remarked that the way the ordinance reads,
if he can be heard playing music at 125 feet in the middle of the day, he can
be fined $1,000 or go to jail for three months based on one neighbor's signed
complaint. He believed the ordinance was unfair and intolerant to musicians.
Mr. Froeschner said he was willing to do whatever he can to keep his noise from
his band practice and his drumming in the basement. He did not think he should
have to do that when playing pans, an acoustic instrument, in his living room.
Mr. Froeschner asked for a law that he could comply with, which was not the amendment
being proposed tonight.
Mayor Hindman reported it generally takes a combination of
things to amount to what the courts considers a nuisance. He said it is almost
impossible to regulate this issue by ordinance. Mayor Hindman noted someone suggested
that a mediation service might be helpful in this situation.
Mr. Loveless said the noise ordinance was enacted to control
parties. He did not think anything they have talked about adequately addresses
the situation between this musician and his neighbors. Mr. Loveless commented
that he brought up the issue because Mr. Froeschner contacted him under the belief
that there was a neighborhood vendetta against him, although the neighbors say
that is not so. He thought Mr. Froeschner has an obligation to practice if he
is going to play in front of the public. However, the neighbors have the same
right to feel they are entitled to peace and quiet in their own home. Mr. Loveless
indicated he had no idea of what the Council should do. He encouraged Mr. Froeschner
to soundproof his home as much as possible.
B376-01 was given third reading with the vote recorded as
follows: VOTING YES: NO ONE. VOTING NO: HUTTON, LOVELESS, JOHN, COFFMAN, HINDMAN,
CRAYTON, JANKU. Bill defeated.
CONSENT AGENDA
The following bills were given second reading and the resolutions
were read by the Clerk.
B365-01 Approving the final plat of
McKee Park, Plat 1; authorizing a performance contract.
B366-01 Approving the final plat of
Oak Forest, Plat 5-E.
B370-01 Accepting easements for electric
and sewer purposes.
B372-01 Authorizing Change Order No.
1: approving the engineer's final report for the Wetland Treatment
Unit
#2 Berm Repairs and Perche Creek Bank Stabilization.
B373-01 Authorizing Change Order No.
1 to the contract with Wisch & Vaughan Construction Company for
the
construction of Fire Station No. 8.
B377-01 Amending Chapter 16 of the City
Code as it pertains to resisting or interfering with arrest.
R241-01 Setting a public hearing: granting
a renewal of franchise of Charter Communications, Inc. to operate
a
cable television system in the City.
R242-01 Setting a public hearing: renovation
of the Parks Management Center's meeting/training area and
expansion
of wood shop.
R243-01 Setting a public hearing: Grindstone
Creek Outfall Sewer Extension Project.
R244-01 Authorizing a Memorandum of
Understanding with the Missouri National Guard for security at the
Columbia
Regional Airport.
R245-01 Authorizing temporary closure
of Hitt Street between Rollins Road and Hospital Drive during
construction
of a steam chase to serve Virginia Avenue parking structure.
R246-01 Authorizing temporary closure
of Fifth and Sixth Streets between Stewart Road and Elm Street to
allow
for construction of underground utilities to serve Loeb Hall.
R247-01 Ordering re-advertisement for
bids for the construction of Cell #3 at Columbia's sanitary landfill.
R248-01 Expressing support for the University
of Missouri's application to the Lewis & Clark Bicentennial
Commission
for grant assistance for the Lewis & Clark Opera.
R249-01 Authorizing an agreement with
the Missouri Department of Health for Maternal Child Health Services.
R250-01 Accepting a grant from the U.S.
Department of Health and Human Services to provide improved
health
services to Spanish-speaking residents.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: HUTTON, LOVELESS,
JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Bills declared
enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R251-01 Approving the preliminary plat
of Evergreen Acres Subdivision, Plat No. 2.
The resolution was read by the Clerk.
Mr. Dudark explained that this tract is located in northeast
Columbia to the east of Indian Hills Park. He noted that forty-six R-1 lots and
seventeen R-2 lots are being proposed for this 22.8 acre tract. One issue that
was raised pertained to a connection into Indian Hills Park. Mr. Dudark reported
the developer has amended his plat to show a 50-foot wide access and utility
easement on the north side of the plat. He noted it was not intended to be a
thru street. Mr. Dudark said the plat is in order and the recommendation is for
approval.
Bill Marshall, Marshall Engineering Surveying, Inc., 300 St.
James Street, stated that he and the owner were present to answer any questions.
The vote on R251-01 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R252-01 Accepting the donation and
authorizing the installation of an entrance sign at the Columbia Regional
Airport.
The resolution was read by the Clerk.
Mr. Patterson explained that the sign, if approved, will be
donated by the Heinkel Foundation which has participated in other City projects
in the past. He said the sign will be 18-feet high and has been reviewed by the
Airport Advisory Board and the FAA. Mr. Patterson indicated staff recommends
acceptance of the sign and authorization of its installation. He said it would
be put in the same location as the current wooden sign.
The vote on R252-01 was recorded as follows: VOTING YES: HUTTON,
LOVELESS, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. 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:
B378-01 Accepting a deed of dedication;
approving engineer's final report; authorizing payment of differential
costs
for water main serving Spring Creek, Plat 2.
B379-01 Appropriating funds for the
construction of a material recovery facility at Columbia's landfill;
authorizing
construction of the facility.
B380-01 Authorizing agreements with
the Missouri Highway and Transportation Commission in connection
with
the Paris Road pedestrian bridge over Business Loop 70.
B381-01 Authorizing right of use permit with
the Curators of the University of Missouri to construct and
maintain
underground utilities in portions of Fifth Street and Sixth Street rights-of-way.
B382-01 Voluntary annexation of property
located on the north side of State Route K, east of Old Village Road.
B383-01 Amending Chapter 25 of the Subdivision
Regulations regarding sidewalk construction.
B384-01 Authorizing a grant agreement
with Central Electric Power Cooperative for tree planting at
Cosmo-Bethel
Park Tennis Complex; appropriating funds.
B385-01 Accepting a Trim II Grant from
the Missouri Department of Conservation for removal of hazardous
trees
at the MKT Trail, Oakland Park and Twin Lakes Recreation Area; appropriating
funds.
B386-01 Authorizing renovation of the
Parks Management Center's meeting/training area and expansion of
wood
shop.
B387-01 Authorizing a real estate agreement
with Jeffrey E. Smith Family Limited Partnership No. 2, L.P. to
purchase
property for use as a rail terminal; appropriating funds.
REPORTS AND PETITIONS
(A) Intra-departmental Transfer of Funds.
Report accepted.
(B) Proposed Centerstate TDD.
Mr. Beck explained that this report relates to the advancement
of the first Transportation Development District in the City. He pointed out
his earlier suggestion of the Council establishing guidelines and criteria when
considering TDD's. He defined a TDD as a district confined to a geographically
described area in which a special tax could be issued by the land owners in the
way of sales tax, property tax, or special assessments. Mr. Beck remarked that
staff found there are several of these districts currently under development
in the state, and one has actually been completed. In order for this to proceed,
it would require two municipal agreements between the City and the developer.
He noted if multiplied by a great number, Mr. Beck said these districts could
possibly have an adverse affect on community wide issues. He thought the guidelines
should define these districts to specific areas where the overall community could
benefit from the arrangement. Mr. Beck noted staff has done that and the next
step is to work toward developing the administrative agreements.
Mr. Beck reported in regards to the development of agreements,
the landowner/developer would be hiring special counsel -- someone that has successfully
worked on other development districts. He said the City would review any proposals
submitted and if it was thought we needed outside counsel in addition to our
own, there would be that opportunity. Mr. Beck related if the Council preferred
a maximum tax, or whatever, staff could take that up with the attorney representing
the owner/developer. In this particular instance, Mr. Beck explained the district
would include the Vandiver Interchange with US 63, as well as additional property
in the immediate area. He indicated the sales tax would actually be collected
by the City, and the property tax and special assessments would be handled by
the County.
Mr. John understood that the state collects all of the other
sales tax and sends back the City's share, but he noted in this instance we would
have to be the collecting agency. Mr. Beck replied that was correct, the City
would engage a commission to collect it. He stated there had been an amendment
to the state legislation when these types of districts were approved that indicated
the Department of Revenue would not be able to collect the revenues generated
by the tax because that office is already overloaded. Mr. John asked how the
City would set-up an office for collecting sales tax revenue. Mr. Beck responded
there have been no problems in collecting the tax in other areas where these
districts have been established.
Mayor Hindman expressed concern about the speed in which this
issue has progressed, yet there has been no public input thus far.
Mr. Hutton believed the City needed to work on getting the
policies and procedures in place before proceeding any further. Secondly, as
far as this district is concerned, he asked if CenterState could prepare enough
information or a rough draft of what they want to do without spending $50,000
on an attorney to do it. If that could be done, a public hearing could be held,
yet it would not commit the Council to the proposal. In addition, the developer
would not have to spend a lot of money up front until they get the go ahead from
the Council. Mr. Beck believed that was possible, but from the developer's perspective,
they have a substantial investment out there right now and they think they should
explore all of the alternatives with the City.
Mr. John indicated there could be one public hearing relating
to the policies and procedures, and if the developer comes in with something
relatively close to those policies and procedures, then a second public hearing
could be held to consider approving the TDD based on how well it does or does
not meet those guidelines. Mayor Hindman thought that would be a good approach.
Mr. Janku pointed out the landscaping issue. He was hopeful
that could be incorporated into the plans as they move forward.
Mr. Hutton made the motion that staff be directed to prepare
legislation for consideration in adopting guidelines for TDD's which reflect
information that came out of discussions at the last work session. The motion
was seconded by Mr. John. Mr. John made note that the special assessments could
be used against square footage or whatever valuation so we can basically do more
than the 10 cents per $100 type thing.
The motion made by Mr. Hutton, seconded by Mr. John, was approved
unanimously by voice vote.
(C) Street Lighting Estimates.
Regarding Old 63, Mayor Hindman asked if the lights would
be put on existing poles. Mr. Malon said they would wherever possible. Mayor
Hindman noted two or three places where the poles are in the middle of the sidewalk.
He asked that be looked into. Mr. Malon said if there is a distribution line
on the pole, it would be more expensive to move the pole than to move the sidewalk
around the pole.
Mr. Malon reviewed it would be fairly easy to install lights
on Southampton because the poles are already in place. The next priority would
be the lights on Buttonwood as there would be relatively few needed. He suggested
Old 63 as the third priority, but noted these lights are designed and ready for
construction as well.
Mr. Janku asked if the third lighting project could be in
place by next fall. Mr. Malon replied staff would make it a point to have the
Old 63 project done by next fall.
Mayor Hindman made the motion that the projects be handled
in the order recommended by staff. The motion was seconded by Mr. John and approved
unanimously by voice vote.
(D) College-Rogers Corridor - CDBG
Update.
Mr. Beck explained that $15,000 had previously been budgeted
for the engineering work along this corridor. Most of this work is done, but
additional funding will be needed to do the actual project. He noted the report
recommends the use of CDBG money, but Mr. Beck thought this project should be
prioritized through the Commission as are all such projects. He did not suggest
the Council should assume this work would be funded with CDBG monies.
Mr. Janku said he would like to see staff figure out how to
move forward with at least one phase of the project during the current budget
year. He asked to what extent stormwater and annual street funds could be used.
As a last resort, Mr. Janku noted there are still some CDBG monies in the contingency
fund.
Mr. Hutton said he too would like to see the project move
forward; however, he pointed out the Columbia Terminal Railroad portion of the
report is quite dated. He said some of the things talked about in it have actually
happened or been improved upon, excluding the landscaping or the redevelopment
of the right-of-way, but several other things. Mr. Hutton remarked that he and
Mayor Hindman spoke about some of the specifics of the plan itself, and had questioned
whether things like a roadway or a fence were things the railroad people would
see as necessary. He indicated they also discussed to what extent Parks and Recreation
should work with the railroad folks to develop it as a trail and the associated
landscaping issues. Mr. Hutton thought the Council needed to revisit the plan
itself. Mayor Hindman agreed.
Mr. Loveless noted that the railroad crosses College. He believed
this might be a great way to link downtown with Albert Oakland Park. Mr. Hutton
said that was what he and Mayor Hindman spoke about.
Mayor Hindman viewed the railroad to be an important public
asset and he thought as such, they needed to consider the entire potential public
benefit from it. He believed that is why the City should be thinking in terms
of the landscaping on it. In addition, he thought a trail would be a wonderful
opportunity. Mayor Hindman noted that rails with trails are developing all over
the country.
Mr. Janku said he would not necessarily preclude a fence.
Mayor Hindman said he would not either if the standards supports its necessity,
although he questioned a basis for it in this situation. Mr. Malon thought the
fence was included because of past problems with people parking on the right-of-way.
Since then, Mr. Hutton noted things have changed at least on the College to Rogers
corridor wherein the railroad people blocked off this area so a car cannot get
on the right-of-way. Mr. Malon remarked that the proposal calls for actually
opening up part of the street along that corridor. Mr. Hutton wondered about
the purpose of the street.
Mr. Hutton motioned that staff revisit the plan itself and
incorporate the ideas proposed and determine what is necessary as far as fence,
landscaping, costs, etc. The motion was seconded by Mr. Coffman and approved
unanimously by voice vote.
(E) Internet Citizen's Advisory Group
Report.
Mr. Beck reported ICAG recommended the adoption of "GoColumbiaMo.com" as
the official City web site address.
Mr. John made the motion that the Council accept and endorse
the report.
Mr. Janku said there had been some question about the Council's
web page and the reports being forwarded to the Clerk's Office in a format that
can be put on the Internet. It was decided that would be handled under a separate
motion.
The motion made by Mr. John was seconded by Mr. Coffman.
Mr. Coffman commented that the Internet group had done a really
great job in coming up with this idea. He thought it had good marketing appeal
and would be easier for citizens to find and remember.
The motion made by Mr. John, seconded by Mr. Coffman, was
approved unanimously by voice vote.
Mr. Janku made the motion that staff be directed to work on
a way to enhance the Council's web page by including reports in an electronic
format that can easily be posted to the web. The motion was seconded by Mr. Loveless
and approved unanimously by voice vote.
BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council, the following
individual was appointed to the following Commission:
DISABILITIES COMMISSION
Falls, Rita R., 1800 McKee - Ward 3 - term to expire 6/15/03
COMMENTS OF COUNCIL, STAFF, AND PUBLIC
Mr. Loveless commented that he had been asked to check into
traffic stacking up on Kentucky because of people trying to turn southbound onto
Providence Road during rush hour. Mr. Patterson said that Providence Road is
not the City's jurisdiction.
Mr. John noted the Council discussed the possibility of landscaping
the Miller parking lot, located between Locust and Elm. He thought if staff only
allows reasonable changes to City rules if the City wants them, he has a problem
with that. Mr. John asked that City staff give the same level of reasonable thought
to ideas presented by other individuals.
Mr. Janku passed an article to the City Manager about St.
Louis and Kansas City obtaining state funds to install energy efficient traffic
lights. The lights cost more, but with the grants and the fact that they are
replaced less frequently, they seem to pay off. Mr. Janku noted the issue the
Council considered at the last meeting relating to a special assessment for a
sidewalk in the Bedford Walk Subdivision. He noted the City ended up paying part
of the cost for the walk because the developer no longer owned the property.
Mr. Janku asked if the agreement the developer executed might somehow be enforceable
by the City even though the property was transferred to the homeowners association.
He requested that staff report back.
Mr. Janku commented on the success of Flat Branch Park. He
passed along an article about federal clean-up funds that were obtained in Kansas
City which were used for some improvements in downtown Kansas City.
Mr. Janku said he had been at Flat Branch Park on Saturday
and had talked to two women getting ready to ride the trail. The women expressed
concern about how they were going to get anywhere. Mr. Janku suggested that some
directional signs might be needed. Mayor Hindman proposed map boards on both
the Stewart and Providence point and at the Trail Head Park.
Also while at Flat Branch Park, Mr. Janku noticed there is
only one 10-hour meter and less than a handful of 4-hour meters. Anyone intending
to ride to Rocheport and back probably would not be doing it in less than two
hours. He suggested that some of the long-term parking be restored south of Cherry,
on the east side of Fourth Street, where cars can pull straight in.
The meeting adjourned at 10:10 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
© 2024 City of Columbia