INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, July 15, 2002, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council Members JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, and LOVELESS were present.
Mr. COFFMAN was absent. The City Manager , City Counselor, City Clerk and various
department heads were also present.
APPROVAL OF MINUTES
The minutes of the regular meeting of July 1, 2002, were approved
unanimously by voice vote on a motion by Mr. Hutton and a second by Mr. Loveless.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
The agenda, including the Consent Agenda, was approved unanimously
by voice vote on a motion made by Mr. John and a second by Mr. Hutton.
SPECIAL ITEMS
Mayor Hindman congratulated Ms. Crayton on being presented
with the Jordan McNeal Award at a recent Legislative Black Caucus meeting in
Branson. He noted she received the award for her work as a Councilperson and
because of her grassroots activities in the community.
Cosmo Club Donation to the Activity & Recreation Center (ARC)
Bruce Coble, president of the Cosmo Luncheon Club, presented
the City with checks totaling $31,250 to go towards the construction of the new
recreation center. Mayor Hindman thanked the Club for this donation and noted
that this was just one in a long series of things the Cosmo Club has done for
the City of Columbia and the Parks and Recreation Department.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B230-02 Voluntary annexation of property
located south of I-70 Drive Southeast, approximately 120 feet east
of
Upland Creek Road; establishing permanent A-1 zoning.
The bill was given second reading by the Clerk.
Mr. Beck noted approval of the zoning request is being recommended
by both the staff and the Planning and Zoning Commission. He explained that this
approximate nine acre tract is located in northeast Columbia.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Mr. Hutton made the motion that B230-02 be amended per the
amendment sheet. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
B230-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B233-02 Approving the Lutheran Senior
Services O-P Development Plan.
The bill was given second reading by the Clerk.
Mr. Dudark noted that this item had been before the Council
earlier as a zoning application, at which time the O-P designation was approved.
He said there had been a stipulation that no more than 30% of the total tract,
including an off-site conservation easement, be covered with impervious surfaces.
The plan before the Council meets that requirement as the impervious areas are
shown to be slightly under 30%. He pointed out a request for an amendment to
the bill which would add a slight increase in the total square footage, about
1%, making the total building area 303,053 square feet. Mr. Dudark related that
the Planning and Zoning Commission recommended a condition that prior to any
approval of the final plat, a payment be made to the City in the amount of $29,682
for improvements to Bearfield Road.
Bill Crockett, an engineer with offices at 2608 N. Stadium,
spoke on behalf of the Luther Senior Services of St. Louis regarding the Columbia
Elder Care Project. He noted that all of the conditions placed on the zoning
have been incorporated in this plan. He explained how they were going to handle
storm water runoff and said that best management practices have been incorporated
wherever possible. Mr. Crockett reported that peak storm water run-off from the
site will be reduced to what currently exists, some as much as 50%. He also explained
how the applicant will control the use of pesticides. Mr. Crockett indicated
that Lutheran Senior Services is in total agreement with the requirement for
road improvement funds. He said this stipulation will be in place when the final
plat comes forward.
Joe Kunkemiller, Director of Development for Lutheran Senior
Services of St. Louis, passed out copies of a site plan for the approximate 23
acres. At this time they are uncertain of the phasing of the project, but believed
it would begin with assisted living along with some independent living. Upon
completion, Mr. Kunkemiller explained the facility will house approximately 60
skilled nursing beds, about 90 assisted living (residential care) units, as well
as 144 independent apartments and 48 duplex units.
Mayor Hindman closed the public hearing.
B233-02 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING
NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B234-02 Amending Chapter 29 of the
City Code to establish a Planned General Industrial District.
The bill was given second reading by the Clerk.
Mr. Beck explained that the Council had asked staff to draft
an ordinance to create a planned general industrial district. After review and
public hearing, the Planning and Zoning Commission recommended against the proposed
revision to the zoning ordinance. Mr. Beck commended the Planning staff for an
excellent job in addressing the issues of concern. If adopted, he said it would
be a typical planned district that would require a public hearing on a proposed
site plan. Although this new district would include a broad range of industrial/commercial
uses, the Council could limit the type of uses approved for any planned area.
Mr. Janku spoke about an amendment he is proposing that relates
to screening wherein the Council will have the discretion to require additional
screening.
Mayor Hindman noted the criticisms of the Commission and asked
Mr. Dudark to explain current options and what this new zoning district will
provide.
Mr. Dudark explained there are three industrial districts
an applicant can apply for. The M-R district is a very controlled district with
all of the uses and activities having to be contained inside a building. There
is a very limited list of uses that can be applied for with an M-R zoning designation.
The M-C district is an open district and has the same uses as M-R, but is not
as broad as the third district, the M-1 general industrial district. An M-P district
would allow an applicant to apply for a broader list of uses and still incorporate
a planning process. There could be conditions attached to approval of the site
plan that is not available to the Council in the M-1 district.
Although an M-P district would be more flexible than the M-1,
Mr. John said it actually allows for more control where none existed before.
He said this proposed district would bring things in line with the other City
planned districts.
Mayor Hindman opened the public hearing.
There being no comment, Mayor Hindman closed the public hearing.
Mr. Janku made the motion that B234-02 be amended per the
amendment sheet. The motion was seconded by Mr. John and approved unanimously
by voice vote.
B234-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B235-02 Changing the name of the semicircular
segment of Sunflower Street located at the southern end of
Sunflower
Street to Sunflower Circle.
The bill was given second reading by the Clerk.
Because of the reconstruction of Sunflower Street and the
removal of the sharp curve, Mr. Beck said a new street name was needed for a
small segment. The staff and Commission recommended approval of the name change.
Mayor Hindman opened the public hearing.
There being no public comment, Mayor Hindman closed the public
hearing.
B235-02 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING
NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B236-02 Rezoning four tracts of property
located on the north side of I-70 Drive Northwest, west of Garden
Drive
from A-1 and C-P to R-2 and M-R.
The bill was given second reading by the Clerk.
Mr. Dudark described the request for this 12.5 acre area.
He stated the applicant has requested R-2 zoning on Tracts A and B, and M-R zoning
for Tracts C and D. The Planning and Zoning Commission supported the R-2 request,
but recommended that conditions be placed on the M-R request. One recommendation
is that the list of uses be limited to administrative and professional offices,
commercial storage and distribution warehouses, mechanical and construction contractors,
public utility buildings and service facilities and accessory structures. The
second condition is that at the time a development plan is prepared for Tract
D, which abuts a residential district, the plan include a landscaped buffer a
minimum of 50 feet up to a maximum of up to 150 feet in width along the north
side of this tract.
Mayor Hindman opened the public hearing.
Gus Moosmann, 3009 I-70 Drive NW, stated he was not opposed
to the criteria being recommended by the Commission. Because of the proximity
of I-70, he believed commercial property is more appropriate on Tracts C and
D. Mr. Moosmann noted the plan to leave the buffer at the north end of Tract
D which abuts Apple Valley Court. In regards to some power poles that are located
in the path of where the City is proposing the construction of a new road, he
had been given an estimate that it would cost between $2,000 and $3,000 for these
poles to be removed. Mr. Moosmann reported he would be willing to donate towards
the cost of undergrounding in this area rather than replace the poles.
Mayor Hindman thanked Mr. Moosmann for his offer and said
the Council would forward this to the Water and Light Department for their review.
Mr. John asked if the storage units are self-storage. Mr.
Moosmann said they were. Mr. John inquired if they fit under commercial storage
and wholesale distribution. Mr. Dudark replied staff determined it would be a
permitted use in an M-R zone. Mr. John asked about buffering for the lots that
abut Jonquil Place. Mr. Moosmann explained that the buffering would go straight
across. Mr. John noted that nothing has been built on Rosecliff.
Mr. Loveless wondered about buffering for the church as well,
and inquired if Mr. Moosmann would be agreeable to accept similar screening in
this area. Mr. Moosmann said he would be willing to do some screening, but the
buildings would be sitting considerably lower than the church. He said his property
line is within 25 to 30 feet of the church's driveway. Mr. Loveless asked about
a 50 foot buffer zone. Mr. Moosmann was not sure he could give a full 50 feet
because he thought that would crowd the lot considerably. Because of the draw,
he said there is not much usable ground in there.
Mr. Janku asked if 25 feet would be more reasonable. Mr. Moosmann
agreed to that figure.
Mayor Hindman closed the public hearing.
Mr. Loveless made the motion that B236-02 be amended to show
a 25 foot screening buffer between Tract C and the O-P property to the west.
The motion was seconded by Mr. Janku and approved unanimously by voice vote.
B236-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
Mr. Janku made the motion that staff be directed to prepare
a report in response to Mr. Moosmann's offer on the undergrounding of the
utility lines. The motion was seconded by Mr. John and approved unanimously
by voice vote.
B237-02 Rezoning property located on
the southwest corner of the intersection of Rainforest Parkway and North
Providence
Road, extended, from R-3 to R-1.
The bill was given second reading by the Clerk.
Mr. Beck noted that approval was recommended by both staff
and the Planning and Zoning Commission.
Bill Crockett, an engineer with offices at 2608 N. Stadium,
said the current zoning was established about five years ago which down zoned
the tract from an M-C district to R-3. With the development that has occurred,
primarily single family, he said the applicant thought it would be best to continue
with single family rather than introduce the R-3 complex.
Mr. Janku asked about the potential for neighborhood parks
in this area. Mr. Crockett said that would have to be addressed by Mr. Herigon.
He suggested that staff contact Mr. Herigon for his thoughts.
Mayor Hindman closed the public hearing.
Mr. John noted that this would be the second or third down
zoning within this property. He commented that in the future, the density of
housing will be critical, and if property continues to be zoned R-1, this will
create more sprawl. Although the Council has never opposed down zoning, Mr. John
thought they should think about it as they move forward.
B237-02 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING
NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
(A) Consider Amendment No. 8 to Planning
Report (201 Facility Plan) on Wastewater Collection and Treatment.
Item A was read by the Clerk.
Mr. Patterson explained the administrative process wherein
the City is required to have any project that is funded by the State Revolving
Loan Fund to be contained within a Facility Plan approved by the City Council.
He said the two projects that are included in this amendment are the Grindstone
Outfall Sewer (about 20,000 feet of 30 and 36-inch sewer line), and the Hominy
Branch Relief Sewer (about 4,500 feet of 36-inch sewer line). Mr. Patterson noted
that the Hominy Branch project is also partially funded by an agreement with
the Boone County Regional Sewer District that was approved in 1993.
Mr. Patterson explained that this hearing is to allow for
any public comment in regards to the proposed Facility Plan, and if after receiving
comment the Council wishes for staff to proceed with the projects, a motion should
be made adopting the amendment and directing the staff to proceed with the projects.
Mayor Hindman opened the public hearing.
There being no comment, Mayor Hindman closed the public hearing.
Having worked on the original plan for the City, Mr. Beck
believed this was a good amendment to the 201 Facility Plan.
Mayor Hindman asked if easements would be acquired for trails.
Mr. Patterson affirmed that staff is requesting trail easements in conjunction
with easement acquisition.
Mayor Hindman made the motion that staff be directed to proceed
with the projects. The motion was seconded by Mr. Loveless and approved unanimously
by voice vote.
(B) Storm drainage improvements in
the Vintage Drive area in the Country Club Villas Subdivision.
Item B was read by the Clerk.
Mr. Patterson explained that this project originated slightly
over a year ago in the Spring of 2001 when some very heavy rains flooded two
residential structures in the area shown on the map. He said that the houses
were actually constructed inappropriately low for the area. With the construction
of Vintage Drive and the subsequent development of other houses in the adjacent
subdivision, heavy rains caused storm water to exceed the capacity of drainage
pipes and flooded the houses in question. After several months of negotiations
and discussion, Mr. Patterson believed they have arrived at an equitable solution
which consists of a joint project. The City's portion of the project will deal
only with that portion of the system located on public rights-of-way and easements
that essentially were undersized in the original design and had been accepted
by the City. The project will involve placing a parallel pipe, reconstructing
some inlets and then tying into the existing system located downstream. The private
portion of the project, which will call for considerable grading upstream and
construction of a berm to impound water, will divert water into an underutilized
storm drain above Vintage Drive and an overflow swale will be created between
the two houses. The City's cost on this project is estimated at $45,000 and would
be funded out of the storm water utility (the portion for annual local projects).
Mr. Janku asked about the private costs. Mr. Patterson said
he did not have an estimate on it, but indicated it would be considerable because
of the grading and re-seeding work between the houses. Mr. Janku asked if this
would be something that would be prevented in the future when the new storm water
ordinance is passed. Mr. Patterson replied affirmatively.
Mayor Hindman opened the public hearing.
John Miles, 1301 Torrey Pines, President of the Homeowners
Association for Villas II, indicated that residents reviewed the proposed plan
and met with City staff and the developer. They are satisfied this project has
a very good chance at being successful in alleviating the problem experienced
by the two homeowners.
Mayor Hindman closed the public hearing.
Mayor Hindman commented that staff has done an outstanding
job of working with the neighbors and developer in getting this situation resolved.
Mr. Loveless made the motion that staff be directed to proceed
as outlined. The motion was seconded by Mr. John and approved unanimously by
voice vote.
OLD BUSINESS
B231-02 Approving the final plat of
Cox-Leonard Subdivision, Plat 2, a Replat of Lot 10 of Cox-Leonard
Subdivision;
granting a variance to the Subdivision Regulations regarding sidewalks.
The bill was given second reading by the Clerk.
Mr. Dudark explained that the owners of this single family
home received a variance from the Board of Adjustment in order to expand their
porch in the required front yard setback. He said that triggered this replat
which is subject to the Subdivision Regulations in that a sidewalk must be constructed.
The Planning and Zoning Commission recommended approval of the request. Mr. Dudark
reported there are no existing sidewalks in this largely developed area.
B231-02 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING
NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B238-02 Granting a variance to the
Subdivision Regulations regarding construction of sidewalks on Lot 1
of
the
M.N.S. Subdivision.
The bill was given second reading by the Clerk.
Mr. Dudark explained that Habitat for Humanity constructed
a home on Lot 1 in M.N.S. Subdivision, and they are now required to either build
a sidewalk or receive a variance of such from the Council before they can obtain
a certificate of occupancy. He noted that this is an area where there are no
sidewalks on either side of Holly Lane. The neighborhood consists substantially
of single family residences with some manufactured homes in the vicinity. Mr.
Dudark noted an open drainage ditch in front of the lot in question, and added
that Holly Lane is an unimproved street with no curbs and gutters. In order to
build the sidewalk, Habitat would have to insert a culvert in the drainage ditch
to allow for the construction of such. The applicant believed the cost to be
substantial for a benefit that would apply to one property and would not connect
to any other walks in the area. The Planning and Zoning Commission recommended
approval of the variance.
Mr. John noted that staff has recently submitted reports with
semi-objective criteria the Commission and Council can consider in these types
of cases. He indicated this is very helpful when determining whether a variance
should be approved. Mayor Hindman agreed.
If this had been a largely undeveloped neighborhood, Mr. Janku
thought there would be some interconnection possible. But the way this area has
developed, he did not perceive that happening.
B238-02 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING
NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B240-02 Amending Chapter 14 of the
City Code as it relates to parking on Elm Street and Sixth Street.
The bill was given second reading by the Clerk.
Mr. Patterson explained that this is a follow-up to previous
Council action in which proposed metered parking spaces were removed from consideration
and staff had been directed to examine some other alternative locations, specifically
in the Rollins Road, Sixth Street and Elm Street areas. After reviewing the locations
and discussions with the University, he reported on the potential of forty meters
being installed at the following locations: 32 on the west side of Sixth Street,
south of Elm Street; and 8 on the south side of Elm Street, between Fifth and
Sixth Streets. The meters are expected to generate approximately $16,800 annually.
Mr. Patterson indicated the University is in support of the proposal.
B240-02 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING
NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B241-02 Amending Chapter 22 of the
City Code as it relates to special assessments for street maintenance
projects
involving unimproved streets.
The bill was given second reading by the Clerk.
Mr. Beck noted the Council requested this amendment in order
to eliminate the provision of street maintenance tax billing charges for major
improvements to unimproved streets (those without curbs and gutters or a good
base). He summarized the background on tax billing these types of streets beginning
in the 1960's. Mr. Beck reported the adoption of this policy had been a major
factor in reconstructing over 60 miles of streets in the City of Columbia. He
noted the impact to the general fund if this amendment is passed. He indicated
the City has been maintaining unimproved collector and arterial streets, unless
the property owners oppose it, when the City had enough money to rebuild them.
Mr. Janku asked if the general fund monies come from the transportation
sales tax. Mr. Beck replied that the transportation sales tax supports the street
budget, lighting, and also subsidizes the Airport and bus system operations.
Jack Donelon, 578 N. Grace Lane, Lake of the Woods, Vice-President
of the Homeowners Association, noted that the improved street list from the east
annexation area includes all of the streets in the subdivision except one, Crater
Lake. He asked if that meant it was an unimproved street. Mr. Patterson said
it was possible that one of the streets could have been overlooked or the typist
could have left it off. If the street is similar to others in the subdivision,
it would be in the same category. Mr. John pointed out that if this ordinance
passes, there would be no difference in any of the streets.
Mr. John said 40 years ago the City encouraged people to improve
streets. Due to the cost of such, he was uncertain whether that is a benefit
anymore. He acknowledged that in some cases, curbs and guttering may improve
the value of the property. Mr. John understood where the policy came from, but
felt it was time to change it.
Mr. Beck explained the requirement for all streets in new
subdivisions to be built to City standards. This program had been implemented
to rectify the situation wherein there were many high maintenance unimproved
streets. Mr. John said that was his point, any streets today that do not meet
the standards had to have been built over 40 years ago.
Mayor Hindman noted that any unimproved City street brought
up to improved standards would still be subject to tax billing.
B241-02 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING
NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B245-02 Amending Chapter 5 of the City
Code as it relates to animals.
The bill was given second reading by the Clerk.
Mr. Beck noted the series of ordinances relating to the use
of property in the proposed areas of annexation, but this one deals with the
definition of livestock. He said there is an amendment to eliminate rabbits from
that definition.
Mr. Janku made the motion that B245-02 be amended per the
amendment sheet. The motion to amend, made by Mr. Janku, was seconded by Mayor
Hindman and approved unanimously by voice vote.
B245-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B246-02 Amending Chapter 5 of the City
Code as it relates to animals on recently annexed property.
The bill was given second reading by the Clerk.
Mr. Beck spoke of the Council's request for ordinance amendments
to phase-in the restriction of certain activities and uses. Mr. Beck explained
the amendments were written in such a way so that there would be a three-year
transition period from the date of annexation. The issues deal with animals,
fire code, health and sanitation, and fireworks and firearms.
Mr. Janku suggested an amendment that limits the changes specifically
to the voter initiated annexations to alleviate potential problems associated
with grandfathered rights. He noted issues relating to long-term property use
could be addressed by the Council at a later date.
Jack Donelon, 578 Grace Lane, spoke on behalf of the annexation
opposition group. He commented that three years from now the same conditions
would exist on some of the properties containing 40-50 acres in regards to the
number of dogs a person owns and the point of then being required to reduce that
number to meet code requirements. He said it is a way of life they would like
to continue living five and ten years from now.
Henry Lane, 1816 E. Broadway, was concerned that these amendments
were being made for the sole intention of trying to pacify the people opposing
annexation. He believed the purpose for annexation was to raise money. Mr. Lane
suggested cutting costs to raise money.
Mayor Hindman noted that newly annexed areas would not have
to comply with the leash law until October of 2006.
Mr. Janku made the motion to amend B246-02 to limit the leash
law exemption to only property brought in by this voter initiated annexation.
The motion was seconded by Mr. Hutton.
Mr. John believed it did not make sense to delay exemptions
for the sake of delay. He said it is currently not against the law for a dog
to run loose on his owner's property, regardless of size, in or out of the City.
Mr. John noted that leash laws apply to the Lake of the Woods Subdivision now.
Mr. John stated it would have to be proven to him that there is some specific
reason for the time lag, other than trying to soften the blow.
Mr. Janku argued that when one voluntarily annexes they make
that choice on their own after weighing the benefit and the cost. He would consider
an objective standard that should apply, but thought the potential of what could
happen would be a nightmare to enforce with different laws applying from backyard
to backyard.
Mr. Loveless thought part of the argument had to do with the
number of animals. He said some hard core hunters will keep more than four dogs.
He said the question would be, in three years, which dogs to get rid of.
The motion to amend, made by Mr. Janku, seconded by Mr. Hutton,
was approved by voice vote.
Mr. Loveless made the motion to further amend B246-02, Section
5-58 (3) by deleting the words "Natural History" and inserting "Conservation" (which
is the correct name for this area). The motion was seconded by Mayor Hindman
and approved unanimously by voice vote.
B246-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO:
JOHN, HUTTON. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B247-02 Amending Chapter 9 of the City
Code as it relates to open burning for waste disposal purposes on
recently
annexed property.
The bill was given second reading by the Clerk.
Jim Beckett, 5830 Van Horn Tavern Road, understood the property
owner would need to go to the Fire Department to obtain a burn permit that would
be good for three years. He appreciated what the City is trying to do, but he
would rather not be in the City and would rather not have to make a request to
a governing body to do something he has been doing for a good number of years.
Mr. Boeckmann explained that the property owner would only
have to apply for a permit one time for that entire three year period.
Mr. Janku noted that it could be revoked or suspended for
failure to comply with provisions of the permit.
Mr. John reported that the BOCA code also applies to non-annexed
areas, but it is just not enforced by the County or the Boone County Regional
Fire District. Therefore, these permits should also be issued to county residents.
Mr. Janku made the motion that B247-02 be amended per the
amendment sheet. The motion was seconded by Mr. Hutton.
Mr. Loveless spoke about references to provisions that he
could not find.
Mr. Loveless made the motion that B247-02 be amended by striking
403.45 and 403.47 and inserting in lieu thereof 403.5 and 403.7. The motion was
seconded by Mayor Hindman and approved unanimously by voice vote.
Mr. Loveless related that the State of Missouri issues, upon
occasion in extremely high fire times, a no burn declaration. He would like to
see that language added to stipulate such when the State is under a no burn policy
by declaration of the Office of Administration. Mr. Boeckmann explained that
403.9.3 specifies the Code Official may suspend any permit if in the judgement
of the Code Official open burning would be hazardous. He said the intention of
the Fire Department personnel is anyone who has one of these permits, if there
is a no burn condition, will be contacted and told their permit is being suspended.
Mr. Loveless understood then that it would be incumbent upon the City to call
someone who has previously applied in writing and gotten the blanket burning
permit to tell them they cannot burn. Mr. Boeckmann said that was their intent
and that they may have thought there would not be that many permits. He thought
that may be more effective.
There was a discussion about why they could not obtain the
semi-permanent burn permit by phone rather than having to come in. Mr. Boeckmann
thought the Fire Department would want to have something in writing before issuing
a three year blanket permit. He believed it would also make it easier on staff
when permits are suspended because of weather conditions.
The vote on Mr. Janku's motion to amend, seconded by Mr. Hutton,
was passed by voice vote.
B247-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON. VOTING
NO: LOVELESS. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B248-02 Amending Chapter 11 of the
City Code as it relates to weeds.
The bill was given second reading by the Clerk.
Jim Beckett, 5830 Van Horn Tavern Road, said under the FSA
Administration program, there are some areas that cannot be mowed more than once
or twice a year. He believed the City should not be in conflict with these federal
programs.
Mayor Hindman suggested amending the bill so that it would
not interfere with government farm programs. Mr. Boeckmann felt that could be
handled on an "as applied" basis if there was a conflict. He explained that this
ordinance deals with the affirmative defense that people can cut a 50 foot perimeter.
If a field is being grown for agriculture, Mr. John said cutting
a 50 foot wide strip is a pretty wide strip. He reported 15% of a ten acre field
would be subject to mowing to meet the 50 foot requirement.
Mr. John made the motion that B248-02 be amended to read that
if the growth of weeds was for agricultural purposes and adjoins property used
for residential or commercial purposes, a 15 foot strip is enough. The motion
was seconded by Mayor Hindman and approved unanimously by voice vote.
Mr. Loveless asked for the definition of weeds. He said the
federal agricultural programs have encouraged the sowing of native plants other
than grasses. He noted some people would consider these weeds.
There was a discussion at this point as to the status on a
revised weed ordinance. Mr. Boeckmann responded staff obtained ordinances from
other cities and none of them were considered to be very good. He said some amendments
were made to the weed ordinance last year and it was improved slightly, but this
issue was not dealt with.
B248-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. ABSENT: COFFMAN.
After a subsequent discussion about the growth of weeds
as part of a government farm program, Mayor Hindman made the motion to reconsider
B248-02, as amended. Mr. John seconded the motion and it was approved unanimously
by voice vote.
Mr. John did not believe the weed ordinance should be enforced
if the property is located in some sort of federally mandated strip for erosion
control. Mayor Hindman asked if it could be an affirmative defense that the growth
of weeds was part of an agricultural program. Mr. Boeckmann suggested creating
a new section to specify that.
Mayor Hindman made the motion that B248-02 be further amended
by adding Subsection C as follows: "It is an affirmative defense that the growth
of weeds was part of a federal or state agricultural or conservation program." The
motion was seconded by Mr. John and approved unanimously by voice vote.
B248-02, as further amended, was read with the vote recorded
as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING
NO: NO ONE. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
B249-02 Amending Chapter 11 of the
City Code as it relates to weeds on recently annexed property.
The bill was given second reading by the Clerk.
Mayor Hindman asked in what way this bill differs from the
last one. Mr. Boeckmann explained that if the amendment is approved, the weed
ordinance would not apply on recently annexed property. Mr. Janku specified the
property would have to be zoned A-1.
Mr. Janku made the motion to amend B249-02 per his amendment
sheet.
Mr. John said if the property is agriculturally zoned and
of a certain size and meets the other criteria, he was not sure why the restriction
should apply to just recently annexed property. Mr. Janku said he would agree,
depending upon size, but wondered about A-1 zoned property wherein the lots are
similar in nature to those with R-1 zoning.
Mr. Hutton agreed with Mr. Janku in that who would be tracking
all of the voluntary annexations for expiration dates with the various laws.
Mr. Boeckmann thought that most voluntary annexation is a
result of the property owner wanting to develop the tract. He commented that
if this person wanted to develop a residential subdivision and the weed ordinance
did not apply to the property because it was recently annexed, the neighbors
would have to wait for two or three years to complain about weeds. Mr. John clarified
only if it was zoned A-1.
The motion to amend, made by Mr. Janku, was seconded by Mr.
Hutton and approved unanimously by voice vote.
B249-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU. VOTING NO: JOHN,
HUTTON, LOVELESS. ABSENT: COFFMAN. Bill defeated.
Mr. Janku indicated the City has a relatively reasonable
weed ordinance, and he thought it should apply to tracts less than ten acres.
Mr. John responded that is why he could not support the bill as amended,
either we are good as we are or the City should allow large tracts to be
completely exempt from the weed ordinance.
Mr. John made the motion that the Council reconsider B249-02,
as amended. The motion was seconded by Mr. Loveless and approved unanimously
by voice vote.
Mr. John made the motion that B249-02 be further amended as
follows: "This division shall not apply to recently annexed property ten acres
or more in area that is zoned A-1." The motion was seconded by Mr. Loveless and
approved by voice vote.
B249-02, as amended, was read with the vote recorded as follows:
VOTING YES: JOHN, HINDMAN, CRAYTON, LOVELESS. NO: JANKU, HUTTON. ABSENT: COFFMAN.
Bill declared enacted, reading as follows:
B250-02 Amending Chapter 16 of the
City Code as it relates to fireworks and firearms.
The bill was given second reading by the Clerk.
Jack Donelon, 578 Grace Lane, said he has hunted at many lakes
in the county in an effort to control the geese population. With the proposed
amendment, residents who allow their land to be used for hunting will no longer
have this privilege in three years. He indicated that he tolerates fireworks
a few days out of the year for the other benefits of living in the county.
Jim Beckett, 5830 Van Horn Tavern Road, thought the five acre
figure to be arbitrary and inappropriate. Regarding fireworks, he said people
in sparsely populated areas should be allowed to use them.
Mr. Janku made the motion that B250-02 be amended per the
amendment sheet. The motion was seconded by Mr. Hutton and approved unanimously
by voice vote.
Mayor Hindman asked about an existing ordinance relating to
the sale of fireworks in newly annexed areas. Mr. Boeckmann explained that sales
of fireworks may be continued for seven years.
Regarding the section dealing with the discharge of firearms,
Mr. Loveless referred to the ongoing discussion about the problem of nuisance
wildlife on urban fringes, particularly deer and Canadian geese. He saw no reason
why people should be prohibited from hunting on property that is undeveloped.
Mr. Loveless defines undeveloped as containing no buildings other than the single
family residence and accessory buildings or buildings ancillary to agricultural
use. Mr. Boeckmann noted an amendment sheet that would broaden it some to define
a tract of land being undeveloped if it contains no buildings, if it contains
no more than one main building and any number of lawful accessory buildings,
or if it contains no buildings other than buildings ancillary to agriculture
uses.
Mr. Loveless was concerned that the City would be divesting
itself of the only reasonable management tool for wildlife that can be a potential
hazard and social problem, i.e., deer and Canada geese. He commented these particular
animals are a nationwide problem in urban areas.
Mr. Janku suggested a program that would enable the Conservation
Department to grant permits to manage the problem. Mr. Boeckmann noted that this
ordinance deals with recently annexed property, and the Council probably would
want to apply an amendment to something citywide.
Mr. Loveless thought the issue encompassed two different things.
By establishing a three year limitation for discharging firearms on recently
annexed property, then the City would be eliminating the only effective tool
available for managing deer and geese. He did not think the three year limitation
was appropriate in this case. Mr. Loveless suggested it would be much more appropriate
to limit the prohibition to undeveloped property of a minimum of five acres in
size with written permission, whether it is newly annexed or not.
Mr. Janku believed Mr. Loveless' suggestion should be addressed
separately rather than with the annexation issue. Mayor Hindman agreed.
Mr. John thought he could support the discharge of firearms
on undeveloped tracts larger than 10 or 15 acres, although no matter what number
is chosen it would be considered an arbitrary figure. He could not support the
extension for fireworks.
Mayor Hindman made the motion that B250-02 be further amended
per the second amendment sheet. The motion was seconded by Mr. Loveless and approved
unanimously by voice vote.
B250-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO:
JOHN, HUTTON. ABSENT: COFFMAN. Bill declared enacted, reading as follows:
CONSENT AGENDA
The following bills were given second reading and the resolutions
were read by the Clerk.
B232-02 Approving the final plat of
Stonecrest, Plat 4.
B239-02 Approving the engineer's final
report; authorizing Change Order No. 20 for the Armory Building
Renovation
Project.
B242-02 Confirming the contract of I & I
Works, Inc. for the construction of sidewalks in the Park de Ville
Subdivision.
B243-02 Accepting an arts grant from
the National Endowment for the Arts; appropriating funds.
B244-02 Accepting a deed of dedication
for water main purposes.
R131-02 Amending the agreement with
the Missouri Department of Health and Senior Services to extend the
family
planning contract.
R132-02 Authorizing an agreement with
the Missouri Department of Health to increase the transaction fee for
birth
and death certificates.
R133-02 Authorizing an amendment to
the existing Interconnection Agreement with the City of Fulton.
R134-02 Authorizing application for
FY 2003 FHWA and FTA planning grants.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON,
JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. ABSENT: COFFMAN. Bills declared
enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R135-02 Officially naming the "Activity & Recreation
Center (ARC)."
The resolution was read by the Clerk.
Mr. Hood explained that at the July 1st, 2002, Council meeting,
staff addressed the naming issue for the new recreation facility being built.
At that time, the Council made the motion that the facility be named the Activity
and Recreation Center (ARC), and directed staff to prepare a resolution officially
naming the facility.
Mr. Hutton stated he still did not like the name, but hoped
it worked well and caught on if that was what the Council was going to support.
The vote on R135-02 was recorded as follows: VOTING YES: JOHN,
HINDMAN, CRAYTON, JANKU, LOVELESS. VOTING NO: HUTTON. ABSENT: COFFMAN. Resolution
declared adopted, reading as follows:
The following bills were introduced by the Mayor unless otherwise indicated, and all were given first reading:
B251-02 Vacating easements and street
right-of-way within Timberlane Subdivision, Plat 2.
B252-02 Approving the final plat of
Timberlane Sub., Plat 5, a replat of Lots 20, 21, 22, 23 and part of Lot
32
of
Timberlane Subdivision, Plat 2.
B253-02 Approving the final plat of
Hathman Subdivision, Plat 3, a replat of parts of Hathman Subdivision.
B254-02 Approving the final plat of
Broadway Farms, Plat 16.
B255-02 Approving the final plat of
Oakland Springs, Plat 1.
B256-02 Approving the final plat of
Auburn Hills, Plat 2.
B257-02 Changing the street name of
Shamrock Drive to Leatherbrook Drive.
B258-02 Confirming the contract of Emery
Sapp & Sons, Inc. for construction of a pedestrian bridge over I-70
along
the east side of Providence Road; appropriating funds.
B259-02 Amending Chapter 14 of the City
Code to establish a 2-hour parking zone on the east side of Tenth
Street.
B260-02 Authorizing a grant agreement
with the Missouri Highway and Transportation Commission for 2003
transit
operating assistance.
B261-02 Authorizing an agreement with
Prime Development Corporation; appropriating funds.
B262-02 Authorizing an agreement with
the Missouri Department of Health; amending the Classification and
Pay
Plans; appropriating funds.
B263-02 Accepting a conveyance for electric
purposes.
REPORTS AND PETITIONS
(A) Request from Planning and Zoning
Commission for Shared Website for Communications Purposes.
Mr. Ross explained that the Commission requested the creation
of a Web site for communications purposes between the City and County Planning
and Zoning Commissions. He said the site itself would be relatively easy to set-up
and would not require a great deal of maintenance, but the second part of the
request was for discussion forums. Mr. Ross indicated one forum would allow Commission
members to communicate amongst themselves on the Internet and the public would
be able to view the conversations, but not join in. The second forum would allow
public involvement in the discussions. Mr. Ross reported staff has determined
that the first type of discussion forum could be done with minimal cost and the
maintenance would be 1-1½ hours per week. The start-up cost would be relatively
inexpensive. More maintenance and moderation would be required if public involvement
is added.
Mr. Ross reviewed staff's recommendation to allow discussion
only between Commission members with the public having access to these conversations.
He noted one of the problems with this recommendation is that the City has more
than 30 different boards and commissions and the potential exists for similar
requests from the other groups. He indicated implementation of such would increase
the workload requirement and he was not sure his staff could accommodate that
at this point.
As the City's liaison to the COIN Board, Mr. Janku asked Mr.
Ross if there was on-line discussion within that network. Mr. Ross replied there
had been discussion forums at one time, but he thought that was discontinued
because of the difficulty in maintaining them.
Mayor Hindman did not think the members would have a lot of
on-line discussions.
Mr. John was concerned that other groups would come forward
with requests for the same thing. He noted there are already a lot of issues
the Council has asked the staff to look into that are Web related. Mr. John suggested
putting the idea on the back burner for a year or two until some of the other
activities are in place. He would much rather see somebody be able to pay their
utility bill on-line or fill out a City application.
Mr. Hutton asked why this would not be implemented for the
Council first if it was thought to be such a good thing to have interactive discussions
among members.
Mr. Boeckmann said these types of forums could raise a significant
Sunshine Law problem. If these groups are communicating by e-mail that is not
accessible by the public, that could be considered a meeting. Even if it were
public on the Web, he said it still would not quite fit in with all of the requirements
of the Sunshine Law. Mr. Boeckmann related that the law was not created with
this in mind.
There was a discussion about how many Boards and Commissions
might request this access and the cost of accommodating such could be significant.
Mayor Hindman made the motion that staff be directed to proceed
with setting-up a site. His motion died for lack of a second.
Mr. Loveless made the motion that the Council acknowledge
the report, admit it has merit and take it under consideration. The motion was
seconded by Mr. John and approved unanimously by voice vote.
(B) Potential Sanitary Sewer District
in the Stewart Road, Ridge Road and Medavista Drive Area.
Mr. Beck reported this district would involve 43 lots in an
older part of the City.
Mr. Patterson indicated staff needs Council direction before
proceeding with the necessary preliminary studies to determine whether or not
a sewer district would be feasible.
Mr. Loveless made the motion that the staff be directed to
proceed with the preliminary plans. The motion was seconded by Mr. John and approved
unanimously by voice vote.
(C) Electronic Equipment Recycling.
Mr. Beck stated that Mid-Missouri Recycling Company on Brown
Station Road does handle electronic equipment from individuals and businesses.
(D) Tourism Development Fund - Attraction
Development Guidelines.
Ms. Steiner noted that this issue had been reviewed at the
Council retreat. The C&VB Advisory Board is now looking for direction as
to whether the Council needs further review of the suggested guidelines via a
work session, or would prefer staff to prepare a resolution for approval.
Mr. Janku asked about eligible products being permanent exhibit
installations. Ms. Steiner replied funding for such would probably be better
suited to the Festival and Event Guidelines. Mr. Janku inquired about the exclusion
of state and federal programs. He related Mr. Beck's suggestion that the Art
and Archeology Museum should be relocated to the downtown area or to a more accessible
location. Mr. Janku thought it would be great if there was some way this fund
might be able to facilitate such, but he did not want to exclude something like
that from happening. Ms. Steiner indicated she could take that suggestion back
to the Board. She did not think that was something the Board is extremely tied
to as an exclusion. Ms. Steiner noted the guidelines they had to go by were very
few and far between, and were mostly geared to state activities.
It was decided the Council would discuss this issue at the
work session scheduled for July 17th.
(E) Habitat for Humanity - Indian Hills
Lots.
Mr. Watkins reported he received a letter from Dennis Smith
indicating an interest in the purchase of Lots 115 and 116, which are adjacent
to property he owns on Cherokee. Under current policy, he stated that Mr. Smith
would be able to purchase the two lots for the appraised price. Mr. Watkins said
that would leave three lots. The suggestion is that if Council wishes staff to
proceed with a bidding process, that a public hearing be held first. Mr. Watkins
related that some of the neighbors expressed some concerns that could be entertained
at the time of a hearing.
Mr. John thought the 1997 appraisal of $7,500 was a little
low in today's market. He believed the lots would be worth around $9,000 to $9,500
today. Mr. Watkins said the right-of-way agent felt the value was still in the
neighborhood of $7,600 to $8,000, and it would cost several hundred dollars to
obtain a new appraisal. Mr. John indicated he would like to know how much an
updated appraisal would cost because he thought the value of the lots had increased.
Mr. Watkins understood that staff would continue with the
policy for selling the lots, but would need to get them reappraised. Mr. John
asked that staff find out how much an appraisal would cost. If possible, he would
like to have this information by this Wednesday's work session, at the latest,
by the next meeting. At that time the Council could decide whether it would be
worthwhile having the lots reappraised.
Mr. John made the motion that staff be directed to look at
the cost of updating the appraisals before selling the properties to adjacent
property owners, and then opening it up for competitive bids for the rest of
the lots. The motion was seconded by Mayor Hindman and approved unanimously by
voice vote.
BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council, the following
individuals were appointed to the following Boards and Commissions:
BICYCLE/PEDESTRIAN COMMISSION
Ahrens, Gregory T., 1504 Sylvan, Ward 3 - term to expire 7/31/05
Holbert, Rachel R., 3300 Keene's Edge, Ward 3 - term to expire 7/31/05
Koenig, Fred B., 2 E. Ridgeley, Ward 5 - term to expire 7/31/05
Walthall, Chris L., 211 E. Bingham, Ward 5 - term to expire 7/31/05
BUILDING CONSTRUCTION CODES COMMISSION
Connell, Brian D., 801 Edgewood, Ward 4 - term to expire 8/1/05 (Reg. Architect)
Kiepe, K. Dale, 1205 Sunset, Ward 4 - term to expire 8/1/05 (Reg. Fire)
Miller, Erik C., 3619 Southland, Ward 6 - term to expire 8/1/05 (Alt. Architect)
Weber, David C., 2604 Cardinal, Ward 6 - term to expire 8/1/05 (Reg. Layperson)
DISABILITIES COMMISSION
Weinschenk, Kathleen, 1504 Sylvan, Ward 3 - term to expire 6/15/05
MAYOR'S PHYSICAL FITNESS & HEALTH
Sachs, Barbie, 4901 Lillian - Ward 3
COMMENTS BY COUNCIL, STAFF AND PUBLIC
Mr. Janku commented he attended an excellent neighborhood
meeting to discuss the Garth improvement project. He said an issue came up regarding
the bend at Garth and Blue Ridge as there have been a number of accidents at
this location over the last few years. Mr. Janku suggested improved signage for
the area.
Mr. Janku reviewed some additions for the uncompleted sidewalk list. He asked that staff look at Route PP where there are many new commercial buildings. He mentioned several new subdivisions without walks. Specifically, Mr. Janku noted that Bedford Walk, along Southampton on the north side does not have sidewalks. In addition, some of the common lots in Arcadia Subdivision and Springdale Estates lack walks.
Mayor Hindman reported he received a letter from the
County Commission inquiring as to the City's interest in participating in
the operation and maintenance of the proposed recreational ice facility on
the Fairgrounds property. He was inclined to agree that the City should look
into the possibility. Mayor Hindman thought the provision of such is a high
priority for a lot of people in the community.
Mr. Janku noted that he had not seen this proposal, and doubted
that anyone on the Council had received a copy. He thought the Council should
be sent this information. Mr. Janku suggested that if the two entities collaborate
in this venture, it should include the City's participation in a master plan
for the entire Fairground property. He noted the designs for that property will
affect the City's development of the Parks Master Plan.
Mr. Loveless asserted that the two jurisdictions should work
together at every opportunity.
Mayor Hindman said the Council could suggest talking about
lots of things, but they have been invited to discuss ice.
Mayor Hindman asked about a sidewalk along the north side of Chapel Hill, between the commercial area and Mills Drive. Mr. Patterson indicated it was on the list, but he would check on the status as to whether the construction of such was the property owner's responsibility.
Mayor Hindman commented on the signage for Stephens Lake Park. He related it still does not indicate that Stephens is a City park and what amenities are available. Mayor Hindman asked that staff improve the sign.
The meeting adjourned at 10:55 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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