INTRODUCTORY
The City Council of the City of Columbia, Missouri, met for
a regular meeting at 7:00 p.m., on Monday, June 15, 1998, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following
results: Council members JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
and COBLE were present.
APPROVAL OF MINUTES
The minutes of the regular meeting of June 1, 1998, were approved
unanimously by voice vote on a motion made by Ms. Coble and a second by Mr. Kruse.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Upon his request, Mr. Campbell made the motion that Mr. Coffman
be allowed to abstain from voting on R130-98. The motion was seconded by
Ms. Coble and approved unanimously by voice vote.
The agenda, as amended, including the Consent Agenda, was
approved unanimously by voice vote on a motion made by Mr. Campbell and a second
by Mrs. Crockett.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENTS
1. Waldo Palmer - Defend Air Show Committee.
Waldo Palmer, 414 Alexander, explained his thoughts on freedom
of speech.
PUBLIC HEARINGS
B163-98 Voluntary Annexation of property located
at the western terminus of Keegan Court; establishing R-1
zoning.
The bill was given second reading by the Clerk.
Mr. Beck explained that this 20.30 acre tract of land is located
west of the City limits. The requested zoning is R-1. Mr. Beck noted
that both the staff and the Planning and Zoning Commission had recommended approval
of the request.
Mayor Hindman opened the public hearing.
Bob Walters, 405 Sudbury, spoke on behalf of Highland Properties
Company. Mr. Walters offered to answer any questions.
Mayor Hindman closed the public hearing.
B163-98 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B168-98 Approving the revised Columbia College Master
Plan.
The bill was given second reading by the Clerk.
Mr. Beck explained that Columbia College had presented a revised
plan for their campus in accordance with the zoning ordinance. He explained
that the process requires that both the Planning and Zoning Commission and the
Council hold public hearings on the revisions to the master plan. He remarked
that Columbia College had gone through a substantial process of their own in
preparing the plan, and held meetings with neighborhood groups, City representatives,
and others in the community. The Planning and Zoning Commission was recommending
approval of the revised plan with one provision regarding the minimization of
lighting. Since that recommendation, Columbia College voluntarily modified
the plan to comply with that exception.
Mayor Hindman opened the public hearing.
Bob Hutton, Director of Plant Facilities Operations at Columbia
College, asked for Council support of the plan. He explained the two year
process and said the college tried to include everyone in the planning process. He
noted the plan is supported by the North Central Neighborhood Association with
some minor requests for adjustment.
Mr. Hutton reported a master plan needs to be dynamic and
predict the future as much as possible. There are thousands of issues that
could affect how this plan would materialize over a period of years. He
said what has been submitted to the Council is a 20-25 year plan, and would be
revisited periodically. Regarding parking, Mr. Hutton said the college
does not intend to proliferate it to any great extent, although more parking
is still necessary. He noted that great emphasis has been placed on landscaping
the campus, and there are plans to do more of it in the future - probably in
the form of re-landscaping the entire campus. In addition, the college
is working on a new signage plan to enhance the campus.
Mr. Hutton reported the neighborhood association issued a
request at the Planning and Zoning meeting regarding the exclusion of a couple
of properties from the master plan. He said the college considered the
request, and it had been decided that this is not possible. Mr. Hutton
explained one property is in the center of what is considered the core campus
and, in good conscience, the college could not say in 25 years it would not be
part of the campus. He said the other piece of property is surrounded on
three sides by parking lots and, from a practical standpoint, he felt it is reasonable
to expect that in 25 years this piece of property would be included in the parking
lot. Mr. Hutton said the college did address the association's other concern
regarding light trespass (light from the playing fields trespassing in the residential
neighborhood). As a priority, the college intends to try to decrease the
amount of light trespass by moving the ballfield to the east side of the campus,
which is not adjacent to a residential neighborhood.
John Clark, President of the North Central Columbia Neighborhood
Association, said they are pleased and extremely impressed with the planning
the college has done. He noted the college had addressed and accepted some
of the neighborhood's concerns about light trespass. The remaining issue
pertained to the properties located at 603, 802, and 804 Eighth Street. He
asked that these properties be excluded from the plan. Mr. Clark said as
this is a 25 year plan, and due to the recent example of some problems associated
with this grant of authority, he suggested that the Council and the Commission
determine whether or not a plan of this duration is appropriate. Mr. Clark
said the neighborhood association is in support of the plan, but would ask that
the three houses be excluded. If at some point in time the owners are willing
to sell the properties, this would be the occasion to revisit the issue.
Mayor Hindman closed the public hearing.
Regarding the three houses, Ms. Coble explained that the Council
had a discussion with Mr. Hutton before the meeting about the very good quality
of the first house on Eighth Street. There had been deliberations regarding
the potential of moving the home to another site, perhaps in conjunction with
some of the other housing programs associated with the Development Corporation,
etc. As this property is surrounded on three sides by parking, Ms. Coble
said there would not be a lot of utilities involved and the house is in good
repair and is capable of being moved. She reported she is not of a mind
to be in opposition to the plan because of the other two properties. Due
to the good faith already demonstrated by the changes that have occurred on the
campus, Ms. Coble is inclined to vote in favor of the plan. She also noted
that the plan goes east and preserves the neighborhood's existing housing stock. Mr.
Janku complimented the college on the process. He felt the plan would enhance
one of the prime entrance ways into Columbia and strengthen the core of the City. Mr.
Janku thought the stability and enhancement of the college would contribute to
a very strong neighborhood in the area.
Mr. Campbell is pleased that the college is willing to outline
their plans for the next 25 years. He also supports the campus moving to
the east, which would clean up some problem areas.
Mr. Coffman is also appreciative of the college's efforts
to include the neighborhood's input before finalizing plans.
B168-98 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B169-98 Amending chapter 29 of the Code as it relates to screening and landscaping requirements.
The bill was given second reading by the Clerk.
Mr. Beck explained that several years ago the City strengthened
the landscaping and tree planting requirements in parking lots, but it was not
so specific in regards to the distribution of the plantings. Recently,
certain parking lots had been noted to have almost all of their landscaping around
the perimeter of the lot with very little internal tree planting. This
amendment will address the question of distribution. Mr. Beck reported
that the suggested modifications had gone through the Planning and Zoning Commission
and they recommended approval of the revisions.
Mayor Hindman opened the public hearing.
Mariel Stephenson, 2111 Rock Quarry Road, spoke on behalf
of the Greenbelt Coalition. She expressed thanks on behalf of the Coalition
to the Planning and Zoning Commission and the Council for clarifying the language
in the ordinance. They are very much in support of the new language because
it will provide (in new developments) a good deal more vegetation internally,
and will allow for more absorption of storm water and pollutants from the parking
areas. Ms. Stephenson said the lots will certainly be more visually attractive
as well.
Mayor Hindman closed the public hearing.
Mr. Janku asked what process is in place to ensure landscaping
meets City requirements. Mr. Patterson explained the City arborist reviews
the plan for conformance with established technical standards, and then an inspection
of the material is scheduled after the plantings are installed on the site.
Mayor Hindman commented that he thought this issue had been
reassessed due to the Hollywood Theatre experience. He had been at the
site recently and noted there are quite a few trees planted. His point
is that the theatre responded to comments when there was no requirement to do
so, and this had been done for the community's benefit.
Mr. Coffman thanked the staff and thought the revisions were
good ones.
B169-98 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B174-98 Authorizing street maintenance work and providing for payment of the improvement by special tax bills.
The bill was given second reading by the Clerk.
Mr. Beck explained that each year the Public Works Department
brings to the Council a list of "unimproved streets" -- streets without a good
base, curb and gutter, etc. Part of the cost of keeping these streets passable
is tax billed to the abutting property owners, and the remainder is paid for
by the City. Mr. Beck pointed out that notices relating to the projects
had been sent to the residents abutting these streets.
Mr. Patterson noted that the six street segments on the list
for maintenance had all been precipitated by requests from people living on the
various streets. In the City's notification, the property owners were advised
of the process for bringing the streets up to improved standards. Mr. Patterson
reported no petitions in opposition to the projects have been received at this
time, nor does he expect any.
Mr. Campbell noted the reduction in the list from previous
years. Mr. Patterson responded this is a result of the improvement in the
number of unimproved street conditions. He said the City does a lot more
overlay than had occurred in the past. He also thought there is a diminished
amount of unimproved streets experiencing problems.
Mr. Janku noted that one of the streets had received maintenance
as recently as 1990. He wondered if the City is subsidizing the streets
not being brought up to standards by the residents, when other people have paid
either by the purchase of their home or by tax bill to have their street brought
up to improved standards.
Mr. Kruse noted that three of the streets are in the Fifth
Ward. He received a call from a constituent regarding the improvement on
Walcox from Sinclair to the northwest end. He said there are three or four
houses that will be built along this stretch, and the constituent had asked if
the work could be delayed until the houses were completed, assuming the construction
vehicles could use the street in its existing condition. Mr. Beck felt
if the development of those properties is planned within a reasonable period
of time, not several years away, that Public Works could adjust their schedule
to accommodate the request. Mr. Kruse said it appeared they are about to
begin construction. Mr. Patterson said the City certainly does not want
to make major repairs to a street only to have it torn up.
Mayor Hindman asked how long the charge for street improvements
had been set at $2.00 per foot. Mr. Patterson said it had been set at that
rate since the early seventies. Mr. Beck explained that state statutes
ascertains what a city can charge for oiling and leveling of a street. He
said the streets usually last anywhere from three to eight years, depending on
the street and how much rock was put down when it was built. Mayor Hindman
asked what the total cost per foot would be. Mr. Patterson said the last
three or four years it had been anywhere from $6.00 to $8.00 per foot. He
said it depends on how much ditch/culvert work has to be done.
Mayor Hindman opened the public hearing.
Ben Walter, 2 McGregor Lane, explained that he owns the property
adjacent to Walcox Drive, and was the constituent that contacted Mr. Kruse in
regards to the street project. He requested that the work be delayed, but
can understand the City not wanting to do so if the construction of the homes
does not occur for two or three years. Mr. Walter said that Hertzler Construction
Company had done some preliminary grading, and thought they were ready to start
construction. He explained that he owns approximately 1,100 feet of frontage
on Walcox. Mr. Walter said when the petition was signed, none of the preliminary
grading on the lots had transpired.
Mayor Hindman closed the public hearing.
B174-98 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
(A) Rehabilitation and repair of the Ashland Gravel Road bridge over Hinkson Creek.
Item A was read by the Clerk.
Mr. Beck said some years ago an informal policy was established
to save some of the older bridges crossing Hinkson Creek for pedestrian use. He
explained it is proposed to upgrade the bridge at Ashland Gravel Road to make
it a safe pedestrian bridge, and it would connect into the sidewalk system built
along the west side of Old Highway 63. Funds in the amount of $39,000 were
budgeted to do the work.
Mayor Hindman opened the public hearing.
Mariel Stephenson, 2111 Rock Quarry Road, commended the City
for their consideration on saving the bridge. She said it seemed as though
the bridge on Rock Quarry Road is used 24 hours per day, and thought this one
would also get a lot of use.
Mayor Hindman closed the public hearing.
Mr. Janku made the motion that the staff be directed to proceed. The
motion was seconded by Mr. Coffman and approved unanimously by voice vote.
(B) Installation of pedestrian safety and crosswalk improvements at Tenth and Rogers.
Item B was read by the Clerk.
Mr. Beck explained that Mr. Patterson and his staff have been
working closely with Columbia College and the Council regarding alternatives
to a traffic signal at the intersection of Tenth and Rogers. He asked Mr.
Patterson to describe what is being proposed.
Mr. Patterson noted that this initially began as a proposed
traffic signal project, and then staff had been directed to examine alternatives
to installing traditional traffic signals. He explained staff has had several
meetings with representatives from Columbia College in regards to the project. He
stated pedestrian counts and traffic surveys of the area had been compiled to
determine if there were viable alternatives. Mr. Patterson said the proposal
is to install an enhanced pedestrian crosswalk that would consist of marked pavement
on Tenth Street and Rogers Street (west of the intersection with Tenth Street),
and a raised traffic island that could be landscaped along the west side of the
intersection in the center of Rogers Street. Mr. Patterson explained that
this is the first phase of the project with the possibility for future evaluation.
Mr. Patterson reported elevated speed tables will not be installed
at this time until there is an opportunity to determine if the additional markings,
signage, and traffic island could accomplish the desired purposes. Intense
signing is also a part of this project, which would advise motorists of the upcoming
crosswalks. He thought there would have to be a lot of public education
regarding the fact that motorists are supposed to stop for pedestrians in crosswalks. Mr.
Patterson noted that staff considered installing flashing lights, and that might
be a later addition or enhancement to the intersection, as is the possibility
of speed tables. In addition, Mr. Patterson stated there is an area on
Tenth Street that will be marked to give the visual appearance that the street
narrows in an effort to produce a traffic calming impact. It is possible
that a sloped, elevated radius will be constructed, but it is felt the initial
measures will be effective in evaluating the project's impact.
Mr. Patterson reported the cost for the project will be $18,000. Also
being introduced this evening, if Council approves the public improvements as
described, is an ordinance that will allow the work to be done by force account
labor in order to assure that the project could be completed prior to school
starting this fall.
Mayor Hindman asked about the signage. Mr. Patterson
said it is a little different from what has been done previously. He explained
there will be signs that will display the yield signal to pedestrians in crosswalk,
with a reminder that it is the law to do so. He said there will also be
signage indicating that pedestrians are to cross only at the crosswalk as marked.
Mr. Janku asked if it is a state law or City ordinance that
mandates yielding to pedestrians. Mr. Patterson said he was not sure if
it is a state law, but it is a City ordinance. He said this is defined
in the Traffic Code, which the City adopted.
Mr. Kruse thought the plan is very nice and added that it
will save the City some money. Mr. Beck thought Columbia College was participating
in the cost, and they should be given credit for doing so. Mr. Patterson
said the college had initially agreed to participate in the cost of the traffic
signal, and he presumed they would still be willing to participate in this project.
Mayor Hindman opened the public hearing.
Bob Hutton, with offices at Columbia College, said it was
at the college's request that the design has been changed from a stop light at
an estimated cost of $100,000, to the present $18,000 cost. Tongue-in-cheek,
he remarked that the college has already saved the City $82,000, and is hopeful
that could be considered their contribution. Joking aside, Mr. Hutton said
this is a very dangerous intersection and it is lucky that no one has been seriously
injured. He stated when consideration was given to install a stop light,
the college was concerned because it would be very obtrusive to the Rogers gate
area, and would essentially ruin it. He said the concern of the Public
Works staff was traffic flow, and going to an enhanced crosswalk situation would
be good for everyone concerned. He is pleased to hear Mr. Patterson refer
to this project as Phase I. Mr. Hutton noted that a Phase II may not be
necessary if the initial measures work. Mr. Hutton agreed with Mr. Patterson
in that public education is needed to make motorists aware that they are required
to stop for pedestrians at crosswalks. Mr. Hutton is very appreciative
of the work done by the Public Works Department.
Waldo Palmer, 414 Alexander, did not think the college should
be expected to pay for the improvement. He said Rogers Street has always
been a speedway, and that is not the fault of the college. Mr. Beck noted
that Columbia College had not been asked to escrow any money for the project.
Mayor Hindman closed the public hearing
Ms. Coble thought the plan was good, and is pleased that it
had been worked in such a way to preserve the archway.
Mayor Hindman thought the plan would work well. He asked
who had come up with the design for the yield to pedestrian sign. Mr. Patterson
said the staff looked at a lot of examples and had modified those to what they
felt would be the most effective in this situation. Mayor Hindman thought
it was very clever.
Mr. Campbell said he had been speaking for years regarding
a city-wide policy of motorists yielding to pedestrians in crosswalks. As
the City proceeds with this intersection, he felt a blanket policy should be
considered and crosswalks throughout the City should be posted in the same manner. Mr.
Kruse agreed and said most of the crosswalks just have a sign depicting a person
crossing. He said there is no indication that motorists must yield to pedestrians.
Mayor Hindman made the motion that the staff be directed to
proceed. The motion was seconded by Mr. Campbell and approved unanimously
by voice vote.
OLD BUSINESS
B164-98 Approving final plat of Stoneridge,
Plat 2; granting a variance to the subdivision regulations.
The bill was given second reading by the Clerk.
Mr. Beck explained that this plat would create 50 R-1 lots. He
pointed out that a request for a variance was included which allowed for 107
lots rather than the 100 limited by ordinance. He said an amendment sheet
had been prepared for consideration.
Mayor Hindman explained that the amendment would provide that
the variance and approval of the final plat would be subject to the condition
that no more than 43 building permits shall be issued in Plat 2 until a second
access is available.
Mayor Hindman made the motion that B164-98 be amended per
the amendment sheet. The motion was seconded by Mrs. Crockett and approved
unanimously by voice vote.
Don Stohldrier, developer and owner of the property, said
when this property was originally platted, the entrance street had been changed
from a typical collector street to a split island parkway in and out. He
felt a variance should not be required because of the two separate streets in
and out, divided by a 12 foot parkway. He said the two streets eliminate
most of the concerns usually heard about access being blocked. Mr. Stohldrier
asked the Council to approve the plat, with the variance, without the limit on
the building permits.
Mayor Hindman felt there were some problems that merely dividing
the road would not solve. He said these are very long cul-de-sacs with
more than 100 lots that would have only one entrance and exit. He said
there is a basic goal to have circulation, and the grid pattern is preferred. Mayor
Hindman said if there is to be no road circulation, he felt there should be pedestrian
circulation. He explained this is a perfect example of why subdivisions
should have it.
Mr. Janku asked if there was any sense of where the second
access would occur. Mr. Campbell replied that there have been some preliminary
discussions that it will be to the east, but the exact location has yet to be
determined.
B164-98, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE,
COFFMAN, HINDMAN, COBLE. VOTING NO: NO ONE. Bill declared enacted,
reading as follows:
B167-98 Approving final plat of Meadowlands, Plat No. 15; granting a variance to the subdivision regulations.
Mayor Hindman noted that the applicant had requested withdrawal of this application.
B170-98 Amending Chapter 22 of the Code relating to refuse collection and the Blue Bag recycling program.
The bill was given second reading by the Clerk.
Mr. Beck noted that work sessions had been held on this subject
as a program had been initiated some years ago. He explained this ordinance
would do three things: Authorize the program to begin August 1; set the
number of blue bags to be provided; and increase the charges for the service
effective October 1, 1998. Fees will increase by $1.20, and he reported
that 17 cents of that amount will go towards landfill work that has yet to occur,
and 10 cents will go towards a maintenance and storage building.
Mr. Coffman brought up the decision to go with blue bags as
opposed to boxes. He had received four comments from people who would rather
use the boxes instead of bags. Mr. Coffman understood the bags would be
utilized due to Columbia's transient population. He asked if there were
figures on the cost difference between the two methods -- bags versus boxes.
Mr. Beck pointed to another factor relating to the environment
of this community. He stated there are communities that use the boxes and
he has seen them laying out everywhere. Mr. Beck said he is a strong supporter
of having a clean environment, and that meant when the garbage truck goes down
the street everything is gone - no trash flying around, no boxes laying
around.
Mr. Janku said for 18 years he has lived in a Friday pick-up
area, and it personally is a relief to know if he is going out of town for the
weekend, he will not have to worry about a plastic box sitting in his driveway
-- with the possibility of being lost or stolen. More importantly, he said
the box could serve as a signal if left sitting out that perhaps the homeowner
is out of town.
Regarding the cost, Mr. Patterson recalled there being about
a $40,000 to $50,000 per year difference because of the turnover anticipated
due to loss of boxes. He noted that he had just read about a major city
changing from the container to the bags.
Urban Wussler, Chairman of the Committee to Repeal the Deposit
Ordinance, said the Committee is 100% in favor of the blue bag system provided
that the deposit law is repealed. He recalled the equipment at Civic Recycling
breaking down in the middle of the experiment. As a result, some had questions
as to whether or not Civic is capable, in their present location and present
facilities, to carry the blue bag system for the entire City. He wondered
if serious consideration had been given to this issue. Regarding the increase
in fees, Mr. Wussler asked why the citizens should be expected to pay an increase
in fees until and unless all of the income possible is derived from the aluminum
cans. He said as long as the deposit ordinance is in effect, potential
income cannot be realized. Mr. Wussler stated that if the Council supports
the blue bag program, then the deposit ordinance should be repealed. And
if this ordinance is not repealed, another initiative petition will be circulated.
Mr. Janku asked how cardboard (including cereal boxes) would
be handled. Mr. Patterson said it would be picked up along with other fiber
material. In addition, once the City implements the commingled program,
all city-wide drop off points would become commingled also. Two containers
will be provided, one for fiber and one for containers. Mr. Janku asked
about a contract with Civic Recycling. Mr. Patterson said the City has
an amendment to the present contract. Currently, the City is operating
under a series of five, one-year agreements that is renewable each year. In
order for the program to begin August 1, and still allow the Council sufficient
time to thoroughly examine long-term alternatives, Mr. Patterson said the current
agreement has been amended for the remainder of this year to allow the City to
begin collecting and processing commingled recyclables the first of August. This
contract comes up for renewal again in January, and Mr. Patterson is hopeful
that would give everyone enough time to make long-term arrangements.
Mr. Campbell said he is very supportive of the blue bag program
and relieved to see it launched. He noted that it would be phased in, and
if there are problems with Civic or others in regards to equipment, this could
be observed and dealt with accordingly. Mr. Campbell had one continuing
concern regarding residents with small households, generally older people, and
others who do not use nearly the number of bags that will be supplied to them. He
remains to be in favor of a tiered system that would allow individuals who are
conservative in their consumption to not be penalized for that use.
Mrs. Crockett spoke in support of the system and was hopeful,
once the program is up and running, that something could be done about the deposit
ordinance.
Mr. Janku said the weekly pick-up of recyclables would be
a tremendous convenience to the community and worth the cost of the increased
service.
Mayor Hindman agreed, and said he is convinced it is the convenience
that makes the difference.
B170-98 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B171-98 Appropriating funds for the implementation
of the Blue Bag program.
The bill was given second reading by the Clerk.
Mr. Beck explained that this bill would actually appropriate
funds, in the amount of $56,500, for implementation of the blue bag program for
the current fiscal year.
B171-98 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B172-98 Authorizing an agreement with Boone
County for a grant to partially fund revisions to the Nifong
Boulevard
intersections at Forum and Bethel; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that each year the County provides grants
to cities within the county for road improvements. He explained that the
City's share came to $25,000. The suggestion is to allocate the money for
signals on Nifong.
B172-98 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B178-98 Renewing the Temporary Revocable Utility Permit granted to DTI, Inc.
The bill was given second reading to the Clerk.
Mr. Beck explained that DTI had come to Columbia in 1995 to
utilize City rights-of-way, facilities, and streets. At that time, the
City entered into a two year temporary agreement with them in lieu of a franchise,
which is provided for in the Charter. Since then, there was federal legislation
enacted in 1996 making it fairly difficult for communities to implement their
Charter provisions. Being proposed is the renewal of the temporary permit
for one additional year. In the interim, Mr. Beck explained the City needed
to review the legislation and perhaps consider making changes to the Charter
relating to franchise utilities with operations in Columbia.
Mr. Janku asked if the franchise utilities were subject to
the gross receipts tax. Mr. Boeckmann said they do not pay gross receipts
tax. Mr. Janku asked if it would be a problem to treat them like any other
communications entity. Mr. Boeckmann said it was complex because they do
not perform the same services as other companies.
Mr. Beck pointed out that the City installed the optic cable. He
said the question came up about this being a non-taxed operation because it is
owned by the City. He explained this is not the case as it is in the Water
and Light Department and they pay to the general fund, instead of a gross receipts
tax, which is a profit to the City of Columbia.
Mr. Coffman said this is a real problem and the utility companies
have all sorts of benefits awarded to them. In addition, there are now
restrictions on local governments. He said the whole purpose of the act
is to encourage competition, and as far as he knew, virtually no one has a choice
of local providers. He supposed all the City could do is monitor the changes
in the next few years and do what is necessary to facilitate this move toward
competition. Wherever possible, Mr. Coffman thought competitive services
should be encouraged.
B178-98 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
B179-98 Changing the position of municipal judge from a one-half time position to a three-quarter time position.
The bill was given second reading by the Clerk.
Mr. Beck explained that the municipal judge is an employee
of the Council. The judge, John Whiteside, had written the Council a memo
regarding the increased activities of the Court. The memo outlined court
filings for 1998 will increase by about 2,500 cases over calendar year 1997. It
had also been reported that people were waiting two and three hours to have their
cases heard. As a result, Judge Whiteside is setting up an additional docket
and felt, with the increase in the docket, he would be working three-quarter
time. Mr. Beck said the total impact on the budget would change from $38,000
as a half time position, to $57,000 for a three-quarter time position. If
the Council wishes to make the requested change, it would require an ordinance
amendment as the budget itself calls for the amount of time that would be allocated.
Mr. Campbell said he had asked about the average salary for
a municipal judge, and there had been no comparative figures available. Mr.
Boeckmann explained that the municipal judge had been set at grade 29 when City
salaries were reviewed several years ago. He explained the only thing the
Council would be changing would be the number of hours, and then Judge Whiteside's
salary would be increased proportionately within the confines of that pay grade. Mr.
Campbell asked if there was any special provision made for the fact that more
might be paid for a half time than for a full time position on an annual basis. Mr.
Boeckmann did not think this to be the case. He thought an analysis of
the type of work performed by the judge was reviewed, and then the pay grade
was adjusted accordingly.
Mayor Hindman asked about the benefits. Mr. Beck said
benefits are pro-rated.
Mr. Campbell did not think there was any question as to the
existing need, but was questioning what the compensation range should be.
Mayor Hindman said he was not sure how community acceptable
a $57,000 three-quarter time job would be. He wondered if the job should
be divided up between two people. Before moving forward with $57,000 for
a no risk, no overhead job, Mayor Hindman suggested this be compared with some
other cities to be sure it is appropriate. He said Judge Whiteside does
a good job and the City should be proud of the work he does. Ms.
Coble thought she recalled at budget time an issue about the judge being restricted
as to private practice. Mayor Hindman said it would restrict private practice
to the extent this individual probably could not participate in Municipal Court. Ms.
Coble said she was not troubled at all by the salary rate as proposed. She
said in Municipal Court, individuals have the best opportunity to be heard, to
understand the full workings of the process, and have direct experience with
the system. Ms. Coble had heard from several people who felt they were
able to present information themselves without having the expense that can be
associated with legal representation. In the past several years she had
never heard a complaint about the treatment or the process of the Municipal Court
system, other than references to crowded dockets and the amount of time spent
waiting. Ms. Coble felt it was a very good municipal service and warranted
the pay for somebody to give it the full attention it needs.
Mr. Campbell said he had no question about it being well done. He
related that when the City advertised for the position two years ago, there had
been a number of very well-qualified, experienced attorneys that came forward
offering to work at half time for that particular pay scale. That suggested
to him it is an attractive salary range. Mr. Campbell thought the Council
should be certain that this is an appropriate pay range.
Mr. Coffman asked how replacement judges are paid at the present
time. He wondered if that is an additional cost on top of the judge's salary. Mr.
Beck read from a memo that said the Court uses substitute judges when Judge Whiteside
has to be in Circuit Court or on vacation. These individuals are paid out
of the temporary help portion of the salaries. The memo said the court
also tries to get a substitute judge every four to six weeks to hear cases where
Judge Whiteside has recused himself, or an attorney has asked for a change of
judge. Mr. Beck reported substitute judges are paid at a rate of $30 per
hour, with $4,395 being budgeted for temporary help this fiscal year. To
date (from October 1, 1997, to present) the memo outlined that $541.50 had been
expended, which translates to approximately 18 hours, for substitute judges this
fiscal year.
Mr. Janku said the Council largely stayed out of the pay range
issue, and thought they were all in agreement that the additional hours are needed. He
pointed out that the pay ranges were established for every City employee through
the long process Mr. Beck eluded to previously. Mr. Janku thought the Council's
focus needed to be on the number of hours as opposed to the hourly salary. He
said the increased number of dockets would better serve the community, and the
issue regarding the appropriateness of having more than one judge had been reviewed
in the past. Mr. Janku thought there had been a general agreement, perhaps
by the previous judge, that it was not necessarily appropriate to have more than
one municipal judge, or even two part time judges.
Ms. Coble noted that the amount Judge Whiteside currently
receives is about $6 an hour more than what would be paid to a substitute judge. She
said that is not a very big differential from what the City is paying for a substitute
judge who is not continually going through the process, knowing the system, and
handling the full docket.
B179-98 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN,
COBLE. VOTING NO: NO ONE. Bill declared enacted, reading as
follows:
CONSENT AGENDA
The following bills were given second reading and the resolutions were
read by the Clerk.
B165-98 Approving final plat of Springdale
Estates, Plat No. 5.
B166-98 Approving final plat of Heritage Meadows,
Plat No. 4.
B173-98 Calling for bids for storm water improvements
in the Garth Avenue and Sexton Road area.
B175-98 Appropriating funds for completion
of electric line relocation for the north Route B road project.
B176-98 Amending Chapter 27 of the Code to
establish water service rates for the former Public Water Supply
District
#2 area.
B177-98 Establishing two new positions in the
Water and Light Department; appropriating funds.
R128-98 Setting a public hearing: water main
crossing construction project on Vawter School Road, Old Mill
Creek
Road, and Scott Boulevard.
R129-98 Authorizing an agreement with Lincoln
University for student nursing services.
R130-98 Authorizing a service agreement with
Ameren/UE.
The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. (Mr. Coffman abstained from voting on R130-98.) VOTING NO: NO ONE. Bills declared enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R131-98 Approving preliminary plat no. 2 of
West Pointe Subdivision.
The resolution was read by the Clerk.
Mayor Hindman noted that a request to table had been received
on this plat.
Mr. Campbell made the motion that R131-98 be tabled to the
July 6, 1998, meeting. The motion was seconded by Mr. Janku and approved
unanimously by voice vote.
R132-98 Approving a preliminary plat of Hinkson
Ridge, Phase I.
The resolution was read by the Clerk.
Mr. Beck explained that this ten acre tract would establish
ten R-1 lots. Both the staff and the Planning and Zoning Commission recommended
approval.
The vote on R132-98 was recorded as follows: VOTING
YES: JANKU, CROCKETT, CAMPBELL, KRUSE, COFFMAN, HINDMAN, COBLE. 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:
B180-98 Accepting conveyances for electric
and utility purposes.
B181-98 Accepting conveyances for water and
utility purposes.
B182-98 Authorizing water main crossing construction
project on Vawter School Road, Old Mill Creek Road and
Scott
Blvd.
B183-98 Confirming the contract for the construction
of sidewalks along sections of Berrywood Drive, Worley
Street
and Business Loop 70.
B184-98 Confirming the contract for reconstruction
and rehabilitation of the Eighth and Cherry parking
structure.
B185-98 Amending Chapter 8 of the City Code
to expand the boundary of the Fourth Ward.
B186-98 Establishing permanent M-C zoning on
property located south of Maguire Boulevard in the Concorde
Office
and Industrial Plaza.
B187-98 Establishing permanent A-1 zoning on
property located along both sides of New Haven Road, east of
US
Hwy 63.
B188-98 Establishing permanent A-1 zoning on
property located along both sides of Sinclair Road, south of
Southampton
Drive.
B189-98 Approving a replat of Lot 5 of Stephens
First Addition; granting a variance to the subdivision
regulations
regarding additional right-of-way for Brighton Street.
B190-98 Approving final plat of Ewing Industrial
Park, Plat 3.
B191-98 Authorizing an agreement with Boone
County to enable City to provide funding for Community Needs
Assessment
and transferring funds.
B192-98 Authorizing an agreement with Missouri
Department of Health for Core Public Health Services;
appropriating
funds.
B193-98 Allowing copper wire to be buried in
a sewer easement; authorizing a waiver of claim and indemnity
agreement
at 2300 Business Loop 70 East.
REPORTS AND PETITIONS
(A) 1998 Balloon Event.
Mr. Beck noted that this event has been scheduled for
August 28-30 at the Boone County Fairgrounds. He said 35 balloons would
be participating, and proceeds would go to the Ronald McDonald House. This
issue is before the Council because a request had been received to use the
Fire Department training area for refueling of the balloons. In addition,
some Police, Fire, and emergency personnel has been requested as needed. However,
the event would obviously not require the same level of services as was needed
for the Balloon Nationals. Mr. Beck said if the above City services
are to be provided, he felt the Council should authorize it.
Ms. Coble made the motion that staff be directed to draft
an appropriate agreement. The motion was seconded by Mr. Coffman and approved
unanimously by voice vote.
(B) Transfer of Funds Request.
Report accepted.
BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council, the following
individuals were appointed to the following boards and commissions:
CULTURAL AFFAIRS STANDING COMMITTEE ON PUBLIC ART
Larson, Sidney, 1408 Whitburn, Ward 5 - term to expire 7/1/99
Overby, Barbara S., 1118 W. Rollins, Ward 4 - term to expire 7/1/99
Scroggs, Stuart, S., 1008 Maplewood, Ward 4 - term to expire 7/1/99
DISABILITIES COMMISSION
McGuire, Marcella L., 2707 Lynnwood, Ward 5 - term to expire 6/15/99
ENERGY & ENVIRONMENT COMMISSION
Hendrix, Rickey L., 1133 Ashland Rd., Ward 6 - term to expire 6/1/01
Magee, Noel T., 1017 LaGrange Ct., Ward 5 - term to expire 6/1/01
FIRE RETIREMENT BOARD
Danley, Dan A., 107 E. Ridgeley, Ward 5 - term to expire 12/31/98
LIBRARY BOARD
Johnson, Mary-Angela B., 503 Edgewood, Ward 4 - term to expire 6/30/01
Cotton, M. Christine, 217 W. Broadway A5, Ward 1 - term to expire 6/30/01
Sapp, Jo, 1025 Hickory Hill, Ward 4 - term to expire 6/30/01
RAILROAD ADVISORY BOARD
Davis, Peter N., 700 S. Greenwood, Ward 4 - term to expire 7/15/02
Eckhoff, William D., P.O. Box 1117, Ward 5 - term to expire 7/15/02
Eiffert, Gregory T., 2401 Cimarron, Ward 5 - term to expire 7/15/02
WATER & LIGHT ADVISORY BOARD
Conway, John T., 404 Onofrio, Ward 4 - term to expire 6/30/02
COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
Mr. Campbell said at the retreat, there had been a brief discussion
regarding traffic calming devices. Since that time, he had received some
requests from his Ward.
Mr. Campbell made the motion that staff be directed to prepare
a report on the policies that should be established for the installation of traffic
calming devices. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
Mr. Coffman said the Council had heard considerable comment
about the Memorial Day Air Show and how things were handled. After doing
some research, he felt it is in a gray area and a very difficult case to come
to terms with. He asked the Law Department to prepare a report so the Council
could analyze the situation. Mr. Coffman received numerous calls on all
sides of the issue, and felt it is something the Council needed to address. He
thought a policy may need to be developed about what events might require some
sort of accommodation for free speech or activity. He asked that the staff
include what options should be addressed in the future. Mr. Coffman suggested
that the report cover not only the Air Show, but similar events and how to determine
when something is a traditional public forum and when it is not, and what events
might fall under that category.
Mr. Beck noted that the use of the airport for the next Air
Show would be on the following Council agenda, as the agreement had to be sent
to the FAA and received at the Department of Defense by the end of July. Mr.
Janku pointed out that this is the normal timing for reviewing the agreement. Mr.
Beck said that is correct, and is handled in this manner every year.
Mr. Coffman asked if the subject would be discussed at the
next meeting or just introduced. Mr. Beck said it would be a resolution,
so the agreement could be voted on at the next meeting.
Mr. Beck suggested that Mr. Boeckmann could deal with the
report at the same time. Mr. Boeckmann said one of his staff was working
with the attorney for the Memorial Day Salute to Veterans Group. Assuming
the contract were to come before the Council at the next meeting, he would respond
to the issues Mr. Coffman outlined as part of the staff report associated with
the resolution.
Mr. Janku said the Council had discussed the downtown parking
issue at the retreat, not so much the traditional issue as whether or not there
is enough parking, but to the extent that removing buildings or particular locations
not being appropriate for parking when trying to preserve a street scape, etc. He
reported the Council has dealt with the issue before, and the feeling had been
that it is better to preserve buildings rather than tearing them down to increase
parking structures. Some concern had been expressed in the community regarding
the possibility of gradually losing an abundance of valuable building space downtown. He
noted that due to zoning regulations, downtown buildings are not generally required
to provide parking. He circulated some information about what Philadelphia
did a few years ago in which parking was handled like a zoning classification
in the downtown area. In essence, Philadelphia designated areas available
for parking so that targeted structures would be left for commercial businesses.
Mr. Janku made the motion that the staff be directed to prepare
a report on the issue. The motion was seconded by Ms. Coble and approved
unanimously by voice vote.
Mr. Janku said some time ago the Council appropriated funds
to develop signage for the downtown area. He is hopeful with the new parking
garages being constructed, that some sort of directory would be provided for
visitors. Mr. Janku reported St. Louis had developed an attractive sign,
and thought it was something that could be emulated in Columbia.
Mayor Hindman thought there was going to be a directory situated
at the Tenth and Cherry Garage. He asked if this would also include a map
of the area. Mr. Patterson said that had been one of the things the City's
Transportation Manager sent out for bids before she left. Mr. Patterson
said he would finish it. Mayor Hindman commented that Philadelphia had
a great marking system and he was going to try to get some information on it. He
said there were different marking systems for pedestrians, bicyclists, and for
automobiles. Mr. Beck said he would ask the intern to check into it.
Mr. Janku said another location would be at the Trail Head
Park where people might be riding in the downtown and not have a sense of where
to look for dining or other things.
Mr. Kruse suggested it would be helpful to get information
from Portland as well. He said they have dealt with these issues very effectively,
including the surface parking issue.
Mayor Hindman noted that there are quite a few parking facilities
that are not landscaped and were detrimental to the downtown. He thought
these areas could be improved quite a bit. He gave several examples of
parking lots without any landscaping. Mr. Kruse said the landscaping ordinances
did not apply to C-2 until recently. Mrs. Crockett pointed out that the
current ordinance only applies to new parking lots. Mr. Patterson did not
feel that resurfacing an existing lot would require landscaping.
The meeting adjourned at 9:35 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
© 2024 City of Columbia