INTRODUCTION
The City Council of the City
of Columbia, Missouri met for a regular meeting at 7:00 p.m., on Monday,
August 2, 1999, in the Council Chamber of the City of Columbia, Missouri. The
roll was taken with the following results: Council Members CROCKETT, CAMPBELL,
COFFMAN, HINDMAN, CRAYTON, and JANKU were present. Member JOHN 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 19, 1999, were approved unanimously by voice vote on a motion
made by Mr. Campbell and a second by Mr. Coffman.
APPROVAL AND ADJUSTMENT AGENDA INCLUDING
CONSENT AGENDA
Upon her request, Mr. Campbell
made the motion that Mrs. Crockett be allowed to abstain from voting
on B243-99 and B247-99. The motion was seconded by Mr. Coffman
and approved unanimously by voice vote.
The agenda, 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. John
Clark - Problems and Opportunities at Douglass Park.
John Clark, 403 N. Ninth,
explained that he had been told by several people that behavior at Douglass
Park is out of control this summer. He reported that in many ways the
park is dominated by adult males which is primarily a result of the design
and layout of the facilities within the park. He outlined the various
amenities within the park. Mr. Clark passed out recommendations compiled
by The Friends of Douglass Park. He believed the most important recommendation
is for more police officers for the community policing effort. Mr.
Clark thought the program is floundering for lack of personnel.
Mr. Janku noted that the
proposed budget contains a request for five additional police officers.
Ms. Crayton did not disagree
with any of the recommendations, but wanted to point out that the activity
in the park was just a small part of what is going on in the neighborhood. She
said the City could not do it all, it would take the entire community to
work on the problem. Ms. Crayton indicated she would like to see more
drug rehabilitation centers established.
PUBLIC HEARINGS
(A) Proposed ballot
issues RE: extension of the 1/4 cent capital improvement sales tax and
increasing
the City's hotel/motel tax for Convention and Visitors Bureau activities.
Item A was read by the Clerk.
Mr. Beck displayed overheads
and summarized what was discussed in detail at the last meeting. Being
proposed for the November ballot is the extension of the current 1/4 cent
capital improvement sales tax and an adjustment of the current hotel/motel
tax from 2% to 4%.
Mayor Hindman reopened the
public hearing.
Rod Gelatt, 1020 LaGrange
Court, spoke as a member of the Convention and Visitors Bureau in favor of
the proposed increase in the hotel/motel tax. Mr. Gelatt said the increase
would not impact potential users because the tax is not above the national
average. As a result, it is not considered regressive nor viewed negatively
by potential users as long as the revenues from that tax are perceived as
benefitting the travelers -- going exclusively to promote tourism.
Mr. Campbell noted that in
the upcoming election, Kansas City would be voting to raise their tax from
5.5% to 6.5%. He asked Mr. Gelatt if they are one of Columbia's competitors. Mr.
Gelatt believed that was correct, although he felt Columbia was more in competition
with Jefferson City and Springfield. Mr. Campbell said if the Kansas
City issue is passed, it would increase their tax to 13.1% and Columbia would
be way below that. Mr. Gelatt agreed that was true.
Gale Bank, 1214 S. Fairview,
also spoke as a member of the Convention and Visitors Advisory Board. Mr.
Bank explained that he had spent nearly 25 years as a meeting planner. He
reported that local taxes on hotel accommodations is not a significant issue
when selecting a city as long as the amount of that tax is close to the national
average, and the tax is used to support tourism.
Mayor Hindman commented that
the proposal, in the event the issue passes, is that there be a commission
largely comprised of people involved in tourism, and this group would make
decisions as to how the 1% would be used in connection with attractions for
tourism.
Jan Grossman, spoke on behalf
of the Special Business District in favor of the hotel/motel tax issue. She
said that tourism is very good for Columbia and its businesses, and this
tax would help promote tourism further and help the business community grow. Ms.
Grossman reported the SBD voted unanimously in favor of putting the issue
on the ballot.
Larry Cowgin, 303 E. Briarwood,
President of the Central Columbia Association, said they also voted unanimously
to support the tax proposal. They believed that a portion of the funds
that would be used to promote festivals and area attractions can do nothing
but help Columbia, particularly the downtown area.
Lucille Salerno, 806B Bourn,
President of the John William Boone Heritage Foundation, explained that their
intention is to contribute to tourism in Columbia with the Boone Home. The
Foundation is supportive of the proposed increase in the hotel/motel tax.
Reverend William Young, 3901
St. Charles Road, President of Columbia Inter-Light Ministries, a Community
Development Corporation, spoke in support of the proposed tax increase.
Greg Ahrens, 1504 Sylvan,
spoke in support of both ballot issues. He commented on the lack of
green space in the Whitegate area.
Mrs. Crockett asked staff
whether land had been purchased for a pocket park in this area. Mr.
Hood said they are looking at a piece of ground, but it has not been acquired
yet.
Henry Lane, 1816 E. Broadway,
suggested that the Recreation Committee, as a private group, purchase the
coliseum at the Fairgrounds and make the necessary renovations. He
said they would own the coliseum as a private entity which would take the
taxpayers completely out of the situation. He believed the County taxpayers
would also benefit because they would partially recoup part of their cost
in acquiring the Fairgrounds.
Mayor Hindman continued the
public hearing.
B208-99A Rezoning
property located on the south side of I-70 Drive Southeast, east of
Glenstone
Drive
from C-3 and M-C to M-1.
The bill was read by the
Clerk.
Mr. Hancock explained that
there is a request to rezone Tract A from C-3 to M-1 and Tract B from M-C
to M-1. He noted that the new and reduced configuration is different
from what was presented to the Planning and Zoning Commission. Mr.
Hancock believed the Commission's recommendation had been to deny the original
request. He noted the new configuration seems to address the concerns
the neighbors had at the Planning and Zoning public hearing. Mr. Hancock
indicated staff has no problem with the new request.
Mayor Hindman opened the
public hearing.
Tom Schneider, an attorney
with offices at 11 N. Seventh, spoke on behalf of NBC, Inc., the purchaser
of the property. He explained that they intend to develop an industrial
park somewhat like Boone Industrial Park. He said it would be a 25
acre development with most of the lots being comprised of one or two acres,
although there is a six acre tract in the northeast corner which would be
the site of a new Rowland Machinery Company facility. He circulated
photos of one of their facilities in St. Louis. Mr. Schneider explained
that Rowland sells construction equipment like bulldozers and, for display
purposes, has a need for M-1 zoning as opposed to M-C -- which has rigorous
landscaping and screening requirements. Mr. Schneider noted that the
initial concerns of the Commission and the staff have been addressed by the
amendments. He said the old agreement for an M-C buffer immediately
south of Tract B would be left intact and the old buffer in back on the south
side would remain A-1. Mr. Schneider also distributed photos of the
nearby adjoining properties and reported the proposed development would be
compatible with what currently exists.
Mayor Hindman asked that
the developer pay particular attention to making the area look attractive.
Mayor Hindman closed the
public hearing.
B208-99A was read with the
vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN,
CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bill declared
enacted, reading as follows:
B240-99 Authorizing
water main project along Grant Lane.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
project is located in southwest Columbia, and the City has a territorial
agreement with Consolidated Water District No. 1 to serve this specific area. The
proposal is to replace the old water main with a new one at an estimated
cost of $50,000 to be paid for out of Water and Light Department funds.
Mayor Hindman opened the
public hearing
There being no comments,
Mayor Hindman closed the public hearing.
B240-99 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN,
HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bill
declared enacted, reading as follows:
B241-99 Authorizing
water main project along Lyman Drive.
The bill was given second
reading by the Clerk.
Mr. Beck said this substantially
smaller project will tie the ends of two water mains together providing a
water line loop. The estimated cost for this six inch line is $15,400
and will be paid for out of Water and Light funds.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B241-99 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN,
HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bill
declared enacted, reading as follows:
B242-99 Calling
for bids for the installation of a 12" water main along Starke Avenue.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
large project is located in northeast Columbia. He said the water main
would serve the Fairground property, the Boone County Jail, the National
Guard Armory, Reality House, and several other businesses in the area. He
said it would tie together a 16" main on Route B to 8" and 12" mains on Roger
Wilson Drive. This project would be paid for out of Water and Light
Funds.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B242-99 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN,
HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bill
declared enacted, reading as follows:
B243-99 Approving
the Southampton Center C-P Development Plan.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
request had been approved by the Planning and Zoning Commission on a 6-2
vote; however, they provided a fairly long list of conditions that were to
be met by the developer. He understood the applicants were willing
to meet all of them with the exception of eliminating the driveway access
on Southampton Drive. Mr. Beck noted staff is recommending that the
access not be approved.
Mr. Hancock explained that
this tract, formerly known as the Villa Madeira tract, has remained vacant. He
stated there had been a lengthy discussion about the driveway locations at
the Planning and Zoning Commission meeting, and they finally recommended
that there be no driveways on Southampton to assure safety and smooth traffic
flow. The other condition relates to Corporate Plaza Drive. Mr.
Hancock reported this is an issue because the right-of-way for this particular
road lies outside of the tract being planned for and subdivided. He
believed the applicant was not opposed to the condition that building permits
be held up on these particular lots until the right-of-way is dedicated and
the road is built. Mr. Hancock did not know that there had been a resolution
regarding the driveways on Southampton.
Mr. Patterson reported that
staff has always felt this project could be developed without the driveway
entrances shown. He said they still do not think these entrances are
necessary or needed. He related that staff met with the developer and
the developer's engineer, and they have been very cooperative in trying to
address the concerns that were expressed. Mr. Patterson explained that
the applicant believes the entrances are necessary for development purposes
and have proposed, in conjunction with the City's traffic engineer, some
alternatives for the Council to consider. He said if the Council feels
that the driveways on Southampton are of benefit and essential to the development,
staff would recommend that the alternatives that were proposed at that meeting
be required -- the extension of the median to the west to prevent turns,
and the construction and configuration of the other driveway in such a manner
to prevent left turns and that there is a pocket for traffic entering it.
Mr. Janku asked about items
three and four and whether or not they were addressed by the staff after
the meeting with the Planning and Zoning Commission. Mr. Patterson
noted those are the issues relating to right-of-way and the westbound left
turn. He explained that when Villa Madeira was platted, the City obtained
half collector width right-of-way. Due to the school property on the
north, staff chose to offset the centerline of Southampton southward in order
to avoid Stadium and other improvements to the school. At that time,
the eight additional feet of right-of-way had been acquired from the property
the City had to purchase. When looking at the rationale for the additional
right-of-way, Mr. Patterson commented it was staff's perception that the
City has already obtained more than the half width off of this property,
and the additional 33 feet has been legitimately dedicated by previous platting. With
regard to the left turn, he said the applicant has raised the issue that
this development would not be the sole cause for requiring the intersection
to be widened. In looking at the configuration of the intersection,
Mr. Patterson said the City would have to do something on the north side
to make the left turn movement work. He noted that staff has been in
communication with the school as they are currently revising their master
plans. Mr. Patterson reported staff is working with the School District
on the entire corridor because they are planning on having an access on the
south side of Southampton, which the City would try to work into an intersection.
Mayor Hindman opened the
public hearing.
Cullen Cline, an attorney
with offices at 806 Locust, spoke on behalf of Randy Macon, the developer
of the project. Mr. Cline felt that the only remaining issue was the
question of access on Southampton. He said the developer is willing
to move the westernmost drive to the east a little bit and then extend the
median so there could be no left turn off of Southampton to create a right
in, right out. Mr. Cullen explained the developer feels it is essential
to have access to Southampton.
Mr. Campbell asked if he
understood correctly that the developer is willing to bear the cost of all
off-site traffic changes such as extension of the median and slip lanes. Mr.
Cline said he would let the developer answer that.
Randy Macon, 3704 W. Rollins,
stated he is the contract holder on the property. Mr. Macon explained
that Executive Drive will be placed on this property. He reported that
it takes away from the salability of the property, but in order to get an
alternative route over to Providence Road, they did it. Mr. Macon pointed
out they are giving up ground and spending dollars to construct the road
to help facilitate some of the things the City and neighborhood has wanted
for some time.
Regarding Mr. Campbell's
question about paying for all off-site traffic requirements, Mr. Macon said
they spoke to Mr. Patterson and understood him to say there may be some sharing
of funds. Mr. Patterson responded the cost sharing related to the possible
widening of the intersection at some point in the future. He indicated
it is staff's understanding that the specific things the developer would
pay for are the extension of the island, creating a pocket lane, and constructing
their street. Mr. Patterson reported it did not include signalizing
intersections or anything like that.
In view of the new proposed
intersection that would involve the high school, Mr. Campbell asked if that
would be too many cuts too close together. Mr. Patterson said staff
felt there would be too many. He acknowledged the developer is trying
to do it the right way, but staff believes it is too much.
Mayor Hindman noted that
the Council feels a lot of pressure from some of the bad intersections around
town. He said oftentimes problems exist because there are too many
cuts too near the intersections.
Bill Crockett, project engineer
with offices at 2608 N. Stadium, said restricting entrances onto Southampton
really deters from the ability to use the property in a proper fashion. He
reported that after the Planning and Zoning meeting, the developer, the property
owner, the real estate company, and himself met with Mr. Patterson and members
of his staff. Regarding the public street to the west (Executive Drive),
Mr. Crockett said it was approved on a preliminary plat without much input
from the landowners in 1986. He noted the street is located in excess of
600 feet west of Old Providence Road, the outer roadway. That puts
it 750 feet from the existing Providence Road which carries the traffic now. Mr.
Crockett commented it has been questioned by City staff from time to time
as a possible interconnecting link between North Cedar Lake Drive and Southampton
because of the barrier curb that stops the through traffic on the outer roadway. Regarding
the concern about the western entrance, Mr. Crockett said that had been addressed
in a number of ways -- they have introduced a right turn lane, a pocket lane
off of the main drive, and an island that eliminates the left hand turn coming
out of the parking lot.
Mr. Janku asked about the
easternmost access. He asked if there was anything to preclude someone
from crossing over the traffic lanes and making a left turn heading north
on the outer roadway. Mr. Crockett said there is an island that would
prevent left turn movements.
Mr. Crockett said there was
a possibility of some lane widening being required on the north side of Southampton. However,
with the ongoing negotiations they did not feel it appropriate to widen it
for a left turn lane, so they agreed to escrow money to be applied toward
the improvement when the school builds their intersection. He said
then the project could be done at the same time. Mr. Crockett stated
this proposal is shown on the plan and he believed it to be acceptable to
the Public Works Department.
Mr. Campbell believed the
developers have done a commendable job, but there is a principle the Council
needs to address relating to how many entrances are appropriate and where
they should be located. He thought a better planning principle in many
cases may be that entrances to any major commercial development should be
accessed at lighted or controlled intersections to allow for better traffic
flow. Mr. Campbell asked if staff was still recommending that the Council
not approve any roadways onto Southampton. Mr. Patterson replied that
is their opinion. He reported the applicant had asked if there were
entrances, what was the best they could do. Mr. Patterson indicated
they have proposed a design that was the best alternative, but as a policy
issue looking at the future, the entrances are still very close to the intersection
and staff feels it will impede traffic.
Mr. Beck asked if there is
a projected signal in the area involving the school. Mr. Patterson
responded there is not one planned, but they anticipate the potential for
one if the school opens an entrance at this location and significant traffic
is generated to the south. He noted the intersection is closer to Providence
than they prefer, but it is about 700 feet which would allow more room than
what exists in some other locations.
Mr. Boeckmann explained that
the ordinance, as drafted, has the provision that the plan be revised so
there is no driveway access onto Southampton Drive.
B243-99 was given third reading
with the vote recorded as follows: VOTING YES: CAMPBELL, COFFMAN, HINDMAN,
CRAYTON, JANKU. VOTING NO: NO ONE. ABSTAINING: CROCKETT. ABSENT:
JOHN. Bill declared enacted, reading as follows:
B244-99 Approving
a revision to the University Chrysler C-P Development Plan.
The bill was given second
reading by the Clerk.
Mr. Hancock reported this
is a fairly straightforward revision to their C-P Plan. He said the
applicant would like to replace the existing free standing sign with a shorter,
smaller sign and replace the wall signs with as much wall signage as they
currently have. The current C-P plan does not include any sign regulations
or any sign information. Mr. Hancock said the Commission recommended
approval.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B244-99 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN,
HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bill
declared enacted, reading as follows:
B245-99 Approving
a revision to the Kardon C-P Development Plan; granting a variance
to the
Subdivision
Regulations.
The bill was given second
reading by the Clerk.
Mr. Beck explained that approval
of this request was recommended by the Planning and Zoning Commission on
a 6-2 vote. He said it would expand the existing structure at the corner
of North Boulevard and Coats Street.
Mr. Campbell understood this
was for an auto parts store to be changed to a repair shop. Mr. Hancock
said that had been a point of contention. He said the zoning ordinance
that approved the plan stated it to be a combination auto part sales, auto
repair, and auto parts accessory storage. He noted all of which would
be allowed under the terms of the 1992 ordinance. When the plan was
prepared and brought in, it happened to show auto part sales on it, or something
to that affect. Mr. Hancock said the neighborhood feels that overrides
the ordinance that approved the original C-P zoning that allowed auto repair. He
indicated the applicant is not changing anything in terms of the use.
Mr. Hancock also pointed
out the applicant is requesting a variance from the requirement for constructing
a sidewalk along North Boulevard. The Commission considered and recommended
approval of this variance. Mr. Hancock explained there is simply no
room to put a sidewalk in while still allowing for the necessary landscaping
requirements.
Mr. Campbell asked if parts
could be taken off of vehicles to be sold, and whether that would be considered
a salvage yard. Mr. Boeckmann said one sale would not make it a salvage
yard, but if the owner continued to do it, it could probably be considered
a salvage yard.
In terms of storm water runoff,
Mr. Janku asked if there is a problem with the existing structure, what could
be done to ensure this situation would be corrected (if this application
is approved). Mr. Patterson said he was not sure the site itself would
apply under the Land Disturbance ordinance because it is less than two acres. He
said the City has no retroactive ability to go back and make an individual
do something they are not changing. Mr. Patterson explained that whatever
activities they engage, like putting in a parking lot and landscaping, those
would have to comply with current ordinances. He said if there was
a real problem prior to this, he did not see our ordinances being able to
make the applicant correct it as part of this process.
Mayor Hindman asked about
adding to the problem by allowing the expansion of a building. Mr.
Patterson responded that what the applicant is responsible for would be subject
to current regulations. To have a land disturbance permit requires
that the site be two acres or more. If it is a site plan on a smaller
tract, the plan has to address what will be done -- it does not go back and
address what was there before. Mr. Patterson indicated staff would
only look at additional water that is generated by the project.
Mr. Campbell asked if the
staff checks for the quality of the run-off (whether it contains contaminants). Mr.
Patterson said there are not any water quality standards for run-off. Mr.
Campbell asked about oil or other substances running-off. Mr. Patterson
said the owner is liable for any pollutant discharging from their property. Although,
that is not something the staff checks for.
Mayor Hindman opened the
public hearing.
Ted Kardon, 1909 Jackson,
spoke on behalf of his parents, Thomas and Pam Kardon. He reported
the proposal is to build an extension on the new building to be used mostly
for storage for new parts. He said there are cars on this site now
that are customer cars and are not used for parts. Mr. Kardon explained
the owners of these vehicles have been contacted and asked to pick up their
cars. As soon as the lot is empty, they will be able to proceed with
the expansion. Mr. Kardon showed a video of the building and its surroundings. He
noted that there are no parking problems and they have received no complaints
from anyone. Regarding the sidewalk, he said there is not enough
room for one, but they are willing to work with the City on it. Mr.
Kardon noted there is sidewalk on one side of the building.
Mr. Campbell asked if they
sell only new parts. Mr. Kardon responded they sell only new parts.
Linda Roots, 807 N. Eighth,
a board member of the North Central Columbia Association, said they have
talked to the Kardon's about their plan. She asked about the plan Mr.
Hancock addressed earlier. She said it showed a building that was marked
partly retail space and partly store room. It did not have a mechanic
shop shown on the plan. It was the Association's contention that putting
in that shop changed the plan. She said they understand that auto repair
is one of the uses allowed in the zoning, but they felt that in this case
it changed the plan.
Ms. Roots pointed out that
auto repair is an industrial use and does not really belong in a C-P area,
especially next to a residence. The auto repair garage built on the
east part of the site was against the existing zoning at that time. She
said the rules were stretched to make that use fit in a C-P plan so that
Mr. Brammer could continue using the facility that Mr. Kardon had already
moved him into.
Ms. Rootes related the Council
was next asked to approve a plan for the west part of the site, and that
plan shows the building labeled as retail space and store rooms. Recently,
without building permits, she reported that Mr. Kardon began to install lifts
to convert part of that store room into a mechanic bay. Ms. Rootes
observed that now Mr. Kardon needs more storage room. She wonders how
soon before he decides that he needs another mechanic and the addition is
changed to add another mechanic bay. Ms. Roots noted the original garage
he still operates on the north side of North Boulevard is actually a non-conforming
use in C-3 -- it is grandfathered.
Through the years, Ms. Rootes
observed that Mr. Kardon has managed to work his way up to over seven mechanics
in an area that is not quite appropriate for any. She said that he
is a hard worker and a wonderful role model for young men and women in the
neighborhood, and it is understandable that he wants to squeeze every cent
of profit out of his assets. Ms. Rootes believed Mr. Kardon's problem
is that he is too successful and his business is bursting at the seams. She
reported the Association felt he has outgrown this location, and the auto
mechanic shop is not in conformance with the approved plan. Ms. Rootes
asked that the Council not approve the change. Regarding the addition,
she said if the Council feels the area has the capacity to handle more traffic
and congestion by allowing the expansion, the Association would like them
to find a way to ensure that the additional space cannot be converted into
another mechanic bay.
Thomas Kardon, 1909 Jackson
Street, owner of Tom's Imports, explained that the addition will be used
to store large, new parts. He reported that there are three mechanics,
including himself, working for the business. Mr. Kardon stated his
wife stays in the parts area.
Mayor Hindman asked if repair
work is done in this building. Mr. Kardon said it is. He said
the old building is used to store parts, which is what he wants the addition
for -- parts storage. Mayor Hindman asked about the concern voiced
about expansion of mechanic bays. Mr. Kardon said there is no room
for mechanic bays in the new addition because the height of the ceiling would
not allow for a lift. He said there would be no doors or windows in
the back and they are only building three walls, not four. Mr. Kardon
stated the addition would be used for storage only.
John Clark, Vice-president
of the North Central Neighborhood Association, reiterated the concerns voiced
by Ms. Roots. He said they believe Mr. Kardon is operating a non-conforming
use and should not have been given a certificate of occupancy for the 40%
of the building he is using presently. He asked the Council to deny
the request and specifically address the question of what role the plan has.
Mayor Hindman closed the
public hearing.
Regarding storm water run-off,
Mr. Janku asked if there could be a condition in the approval of the plan
that would require improvements which would eliminate the problem. Mr.
Patterson was not sure the problem has been defined enough to say what the
requirements would be. Mr. Boeckmann said the Council could add a condition
if it was reasonable, but generally speaking when there are standards in
place, it is hard to single out one business unless there is some special
reason to do so. Mayor Hindman said there is evidence of run-off into
a neighboring yard which is causing problems. He thought it was possible
that there could be a civil remedy for the neighbor. Mr. Boeckmann
said if the applicant was doing something to worsen the situation, he thought
the Council could impose conditions.
Mr. Janku said he had visited
the site over the weekend and had seen twelve vehicles, eight of which had
no legal license plates. He said it was something more than just customer
cars waiting to be picked-up. Mr. Janku did not believe customers drive
with unexpired plates. He asked if there was some way the City could
prohibit storage of these vehicles on that parking lot as a condition of
plan approval. Mr. Boeckmann noted that the ordinance on unlicensed
vehicles specifically exempts these kinds of businesses. He said it
was a question of whether, through zoning, the Council wants to apply something
to just one business. He thought that would be a problem. Mr.
Janku asked about posting "for sale" signs on vehicles parked in the lot. Mr.
Boeckmann replied that arguably, that is already a violation of the zoning
ordinance.
Mr. Campbell asked about
the legality of a repair use in a C-P plan that stipulates a retail use. Mr.
Boeckmann said it could be argued both ways. Under the zoning code,
the use is supposed to be designated at the time the ordinance placed it
in C-P zoning. He said that is what was done in this case -- it is
identified as a auto repair business. He said it does not limit it
to any one place. In a C-P zone, the applicant does not have to specify
what each area is used for. Mr. Boeckmann noted it could be argued
the other way also. He commented that is the problem when putting anything
on a plan that goes beyond the bare bones requirements of the ordinance. Mr.
Boeckmann suggested that if the Council wants to limit the repair use to
one building, it would be wise to add language to that affect rather than
simply approving the plan. From the property owner's point of view,
if he wants to be able to have these uses any place, he ought not to be labeling
the plan.
Mr. Coffman asked what control
the plan itself actually has. Mr. Boeckmann said the plan would show
the location of the building, and if the property owner wanted to move it
someplace else, they would have to come in and ask for an amendment to the
plan. Mr. Coffman said it sounded like it was just primarily the footprint
of the structures that was controlling. Mr. Beck said it was more than
that, it also included the physical features and accesses.
Mrs. Crockett asked if there
had been any complaints about vehicles being parked on the parking lot with
expired plates. Mr. Patterson said he was not sure, but when staff
receives information that a C-P plan is being violated they take action to
enforce it. Although, unfortunately they sometimes do not see the condition
before the violations occur.
There was a discussion about
unlicensed and inoperable vehicles. Mr. Boeckmann read the exemption
as, "that the property involved is the site of a lawful motor vehicle sales
or service business or a lawful junk yard". Mayor Hindman thought the
most objectionable part of this is the idea that there would be unlicensed
vehicles sitting there for long periods of time.
If approved, Mr. Janku said
he would look at this as an expansion. He said the expansion would
be taking away parking areas currently used by customers who have left their
cars there for some reason. He said this business would have at least
the same number of vehicles, maybe more, with lesser space to deal with. Mr.
Janku's concern was that the vehicles would repopulate and there would be
more of them in the parking lot on Coats Street. He did not want to
take away existing parking space that will create the increased likelihood
of more unlicensed or inoperable vehicles on this residential street. Mr.
Janku wanted to see the parking issue cleared up by removing the unlicensed
vehicles before going forward with approving any expansion.
Mr. Campbell pointed out
that unlicensed vehicles cannot be put on the street. Mr. Janku believed
that by decreasing the amount of parking available, customers or other people
that would normally be in the lot would be parking on the street. Mr.
Campbell saw that as a supposition. Mr. Janku asked Mr. Boeckmann if
he thought that made a difference. Mr. Boeckmann said he could see
the argument and it would make a condition more rationale than singling out
a business for no reason.
Mr. Kardon was asked to address
the issue of unlicensed vehicles. Mr. Kardon said the vehicles all
belong to customers. He stated the cars are brought to him for vehicle
inspections and some of them need a lot of repair. He reported when
a person buys a car without plates, that individual has the right to drive
it from the purchase point to the repair shop for a safety inspection, and
from there to the Motor Vehicle Office. Mr. Kardon stated there are
no junk cars in his parking lot.
Mr. Campbell said he found
Mr. Kardon's comments to be convincing -- that this business sells new parts
and that the unlicensed cars are in transition. He said Mr. Janku's
question was very valid regarding parking as the area is limited.
B245-99 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN,
HINDMAN. VOTING NO: CRAYTON, JANKU. ABSENT: JOHN. Bill
declared enacted, reading as follows:
B246-99 Rezoning
property located on the southeast corner of Berrywood Drive and Portland
Street
from R-3 to O-1.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
5.8 acre tract is located in northeast Columbia. He said approval was
recommended unanimously by the Planning and Zoning Commission.
Mayor Hindman opened the
public hearing.
Dan Simon, an attorney with
offices at 203 Executive Building, spoke on behalf of the Missouri Lions
Eye Research Foundation, owner of the building. He explained that the
building was constructed in 1975 when office uses were permitted in an R-3
zone. He said the ordinance was changed in 1979 and rendered it a non-conforming
use. In order to make it a conforming use, the rezoning is required.
Mayor Hindman closed the
public hearing.
B246-99 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN,
HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bill
declared enacted, reading as follows:
B247-99 Rezoning
property located at 802, 804, 806, 810 and 812 Conley Road from R-2
to C-P.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
particular request has several conditions associated with it and asked Mr.
Hancock to explain the request.
Mr. Hancock explained that
the request before the Planning and Zoning Commission was to rezone this
tract to C-P to allow, among other things, a hotel and convenience store. He
stated that after the Planning and Zoning Commission's action, his department
received a letter that references a car wash on the site as well. He
noted that had never been considered by the Commission. Mr. Hancock
reported the Commission recommended approval for all C-1 uses and a service
station, it did not include the hotel request or the car wash. The
Planning and Zoning Commission felt when a plan was submitted to show the
development on the site, a traffic analysis should accompany it -- along
with a plan revision to show the hotel. The analysis should show all
the traffic, particularly through the Conley intersection in the vicinity
of Sam's and the Wal-Mart Super Center. The Commission felt that perhaps
these amenities could be approved at a later point.
Mr. Boeckmann pointed out
that the ordinance as written includes car wash and motel. He said
if the Council wants to limit the uses according to the recommendation of
the Planning and Zoning Commission, they would have to amend the ordinance.
Mayor Hindman opened the
public hearing.
Wiley Comp, spoke on behalf
of Wes' We Go Enterprises. He reported they wanted to acquire the property
for purposes of developing a motel and a convenience store with a car wash. He
said they are prepared to make their recommendations to the staff and adhere
to their review comments when the plan is submitted. However, their
plan cannot include C-1 uses only, it needs to be for C-3 uses to allow for
a hotel, a car wash, and a convenience store with fueling station capabilities. Mr.
Comp said they have communicated with a traffic group out of Dallas, Texas,
who are professionals and understand traffic and specifically look at hotels
and multi-use properties. He reported they believe they can meet the
density requirements of the site and are communicating with the Highway Department
to acquire some additional rights-of-way the State has abandoned. He
said the property would increase the greenbelt buffering capability for this
property. Mr. Comp reported they have no intention of creating a more
severe problem on Conley and 63 beyond what currently exists. He noted
that most hotel traffic does not create multiple ins and outs. Historically,
their parking requirements are much less than what is required to be placed
on the property. Regarding the car wash, Mr. Comp said it would
be an adjunct facility that would be associated with the convenience store.
Mr. Campbell noted at the
Planning and Zoning meeting there had been considerable discussion about
additional traffic studies. He asked if any studies had been done. Mr.
Comp said they have not done so, but studies will be commissioned as soon
as the zoning is obtained. He said the traffic study would support
the C-P plan, it would not support the zoning. Mr. Campbell said if
the Council were to approve C-P zoning tonight with C-3 uses, Mr. Comp could
come back with a plan that would include most anything. Mr. Comp said
they would come back with a plan that would be limited to C-3 uses for a
hotel, a convenience store and the adjunct facility of a car wash. He
said they would be honoring that through their duration of the use of the
property and it would be the only use on the property.
Mr. Campbell asked what was
meant by a limited services hotel. Mr. Comp said they had the capability
to serve a continental breakfast in the facility, but it would not be a sit
down restaurant. Mr. Campbell commented people would have to leave
for their evening meal.
Mr. Janku asked how they
could protect against someone else coming in and adding meeting rooms and
other things that would generate more traffic. Mr. Comp said he thought
he was offering the very solution they are seeking. He said they would
submit a planned development under C-P that will govern this property for
posterity. He said that would be the only permitted use on this property
unless the Council changed it. Mr. Comp stated they would never ask
for it to be changed.
Mayor Hindman asked if the
Council could put that restriction on the zoning approval. Mr. Boeckmann
said the ordinance before the Council would allow all C-1 uses, a car wash,
a hotel and a service station. When a plan is submitted showing those
things, the Council could hardly say the applicant could not have a hotel
anymore.
Of the three different uses,
Mr. Janku asked about the importance of the car wash compared to the other
two. Mr. Comp said they have found in their studies that a car
wash to be about 25-27% of the attraction, and it represents 15-16% of the
revenue. He said the fueling and the car wash combined work well, but
the fueling without the car wash did not work as well because it would be
easier to drive down the street to one that offers the car wash. Mr.
Janku asked about the location of the car wash.
Mayor Hindman observed that
if the Council were to grant the zoning request and find that the traffic
study does not support the proposed development, they would not be in a position
to deny the plan. He could see potential problems with proximity to
the intersection and that sort of thing. Mr. Coffman said he would
hate to get too far along without the traffic studies. Mr. Boeckmann
said the Council would have to amend the ordinance if they did not want a
hotel included as part of the plan.
Mr. Comp indicated that he
wants to be assured that they are getting what they are asking for. He
said they did not want the property zoned to C-P with C-1 uses for just a
convenience store. He wanted to ensure the language of the zoning accommodates
the hotel, the convenience store with fueling capabilities, and the car wash. Mr.
Comp said they cannot use the property under C-1 uses.
Jim Lowery, an attorney with
offices at 901 E. Broadway, spoke on behalf of one of the five owners of
the property. He said most of the concerns being expressed by the Council
have to do with how to control the specifics of the development -- when is
the traffic study going to come to fruition, how will they be able to assure
the access points and the drives are compatible with the area, and how to
ensure proper traffic circulation and flow. He said all of those things
can be addressed and controlled through approval of the C-P plan. He
said the request this evening is to simply rezone the property to C-P with
C-3 uses, which is required because the plans of the developer include things
that would not be within a C-1 zone. Mr. Lowery commented there would
be adequate opportunity to come back and impose reasonable conditions on
the development. He said if the traffic study comes back and it is
a problem in the area, or if the access points are a problem, then the C-P
would presumably not be approved. Mr. Lowery said the staff's position
is that this is a property that should be developed commercially and certainly
should not be residential. He pointed out that commercial development
in this location is in accordance with the Metro 20/20 Plan and the Land
Use Plan.
Kathy Mills, owner of 804
Conley Road, spoke in support of the buyer's request to rezone the property
to C-P with C-3 uses. She said a hotel would bring in more income for
the City and that more hotel space was needed. Ms. Mills urged the
Council to rezone the area to C-P with C-3 uses to include the hotel, the
convenience store and the car wash.
Greg Ahrens, 1504 Sylvan
Lane, said that planned commercial would be better than open commercial.
Kurt Hickam, property owner of 806 Conley,
spoke in support of the requested rezoning and offered to answer any questions.
Mark Wallace, owner of 810
Conley, said his lot has a house on it which he has owned for some time. He
said the area is no longer suited for residential due to the traffic noise
and dust. Mr. Wallace observed this is a great opportunity to combine
all five properties so that it can be developed in a contiguous tract. It
would also allow for better developmental control and appearance of the entire
tract. Mr. Wallace urged the Council to vote in favor of the rezoning
request.
Mayor Hindman closed the
public hearing.
Mr. Campbell said there was
no question as to this property needing to be zoned commercial, and believed
the question is one of control. His concern was with traffic in that
this is a location with a major intersection with existing traffic problems. In
addition, three new motels will be opening within the next year on the other
side of 63. Mr. Campbell said he would like to see the traffic study
come back with the other hotels factored into the study to see what kind
of problems they would be facing.
Mr. Janku agreed that this
property should be zoned commercial. He said it would be a good spot
for a hotel, assuming the traffic issue is resolved. His concern was
with the car wash and traffic back-ups they can cause when everyone decides
to wash their cars on the same day. If the Council were to approve
this request tonight, Mr. Janku said a traffic study would not do much good
because they would be stuck with the zoning -- even if the study comes out
badly. He thought a traffic study should have been submitted with the
rezoning request.
Mr. Campbell made the motion
to amend B247-99 by removing the car wash and the hotel. The motion
was seconded by Mr. Janku.
Mayor Hindman asked if that
was acceptable to the applicants.
Mr. Lowery explained that
the property owners in this case have agreed to an application for rezoning
to C-P with C-3 uses, not rezoning to C-P with some lesser category of uses. He
said if the Council is going to restrict the uses less than the C-3 uses,
then the property owners, at least his client, does not want to apply for
that. Mr. Lowery reported the residents would not consent to the amendment.
Mr. Comp reported they want
to be governed by the C-P plan, they want to submit a plan and have it approved
by the staff, they want to come back to the Council with everything in order
to meet the requirements to have a nice development on this property. He
commented if they cannot get the zoning, they will not buy the property.
Mr. Janku reiterated his
concern about the traffic study coming back with indications of significant
problems and then the Council would have no discretion. Mr. Boeckmann
said one way the Council could restrict it would be to limit the number of
motel rooms, which would make it economically unfeasible for the applicant. He
felt it was an open question as to how much latitude the Council would have. Mr.
Boeckmann would argue that the Council could still have some legislative
authority, but by splitting the zoning from the plan, it is easier to argue
that they have exercised their legislative discretion when permitting the
zoning. The plan would just allow for administrative discretion. In
this specific case, Mr. Boeckmann explained they would not be zoning for
a specific number of beds, so they would have that control if nothing else.
Because of the applicant's
desire to have all or nothing, Mr. Campbell withdrew his motion to amend. Mr.
Janku withdrew his second.
Mayor Hindman said this is
a time when the traffic study is needed before the rezoning request can be
granted, although he understood the concerns about spending money on it. He
saw the only reasonable use for the property being commercial of some sort. He
said the Council would either deprive the owner of the only reasonable use,
or have to make some sort of compromise with respect to the traffic situation. Since
these lots have different owners, he asked if the City was in a position
to stipulate that a common entry or exit has to be used. He also wondered
if the owners could demand curb cuts onto Conley for each lot if they are
developed as free standing facilities. Mr. Hancock thought the properties
all have their own driveways now. He stated that if each of the
property owners came in with five different commercial applications, staff
would probably recommend that there be joint driveways or combined with each
other. Mayor Hindman asked what would happen if applications came in
one at a time. Mr. Hancock said it was feasible, but these are awfully
small lots.
Mr. Janku asked how long
it would take to develop a traffic study of this type, and how long it would
take the staff to analyze it. Mr. Patterson said if the applicant has
someone on board, it would probably take 30 to 60 days, and then the staff
would need a couple of weeks with it. Mr. Janku asked about tabling
the issue and letting the applicant make a decision as to whether or not
they want to come back with the study. He could not see approving the
request without additional information.
Mr. Comp asked if the City
would go 50/50 on the study. He said an origin and destination study
is not a minor project and would cost around $25,000. Mr. Comp asked
the Council to vote on this request.
B247-99 was given third reading
with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON. VOTING
NO: CAMPBELL, COFFMAN, JANKU. ABSTAINING: CROCKETT. ABSENT: JOHN. Bill
defeated.
B248-99 Amending
Chapter 29 of the City Code relating to commercial parking lots and
structures.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
amendment would require Board of Adjustment approval prior to the allowance
of a surface parking lot in a C-2 zone. He pointed out that it primarily
relates to the downtown area. He noted this proposal has been recommended
for approval by the Planning and Zoning Commission and by the Special Business
District.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
Mr. Janku was pleased the
Commission voted to recommend approval. He thought it would be good
for the community.
B248-99 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN,
HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bill
declared enacted, reading as follows:
B249-99 Amending
Chapter 29 of the City Code as it relates to parking and landscape
screening
requirements
in Districts O-P and C-P.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
amendment would allow more flexibility on parking and landscaping in O-P
and C-P districts. He noted the Planning and Zoning Commission recommended
approval and no one had spoken against it at their hearing. Mayor
Hindman opened the public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
B249-99 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN,
HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bill
declared enacted, reading as follows:
B257-99 Authorizing
construction of storm drainage improvements in the Columbia Cosmopolitan
Recreation
Area utilizing city forces.
The bill was given second
reading by the Clerk.
Mr. Beck explained that this
concerns construction of storm drainage improvements to the drainage ditch
along the north side of Business Loop 70 West extending westward from the
primary entrance into the Cosmo Park Recreation area. The estimated
cost of the project is $125,000 which would be paid for from the storm water
utility.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
Mayor Hindman said he was
pleased to see the new approaches to storm water control and development. He
thought this could be a model project.
B257-99 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN,
HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bill
declared enacted, reading as follows:
(B) Construction
of Smith Drive from Windermere Drive west approximately 1,600 feet.
Item B was read by the Clerk.
Mr. Beck noted the estimated
cost of this project is $321,000, and the City and the adjacent property
owners would share in the construction costs. He asked Mr. Patterson
to describe the benefits of the project.
Mr. Patterson said the development
agreement was approved by the Council on June 21, 1999, and it includes a
section of street that is outside the City limits and, therefore, is not
subject to tax billing. Through the agreement with the developer, the
City will acquire the right-of-way for the portion of road outside the City
and the developer on the north side will pay the equivalent of the tax bill
cost. Mr. Patterson explained the developer will also provide engineering
on the project in order to accelerate the project. He reported that
Smith Drive will be built to collector street standards of 38 feet in width
in accordance with the Major Thoroughfare designation of a collector street. Mr. Patterson
noted this project will not include sidewalks along both sides of the street
because as part of the agreement with the developer, the Council approved
the phased development of sidewalks in conjunction with the building construction
in the area. On the south side of the street (The Hamlet), that developer
did deposit funding for the sidewalk so it will be included as part of the
construction project.
Since this project will be
tax billed, Mr. Patterson stated that there would have to be a public hearing
to determine whether or not special benefits have accrued to the properties. Benefits
the Council may wish to consider at that time would be the curb and guttering
enhances the appearance and maintainability of the properties, and the project
will improve the overall storm water management in the area. The construction
of the street will also provide additional circulation and access to the
properties, and the new street surface will provide for better maintenance
-- particularly for street cleaning and snow removal.
Mayor Hindman opened the
public hearing.
There being no comments,
Mayor Hindman closed the public hearing.
Mr. Campbell made the motion
to proceed with final plans and specifications. The motion was seconded
by Mrs. Crockett and approved unanimously by voice vote.
OLD BUSINESS
B237-99 Accepting
a grant of easement for utility purposes from Show-Me Central/Habitat for
Humanity.
The bill was given second
reading by the Clerk.
Comments were called for
with none received.
B237-99 was given third reading
with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN,
HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bill
declared enacted, reading as follows:
B255-99 Confirming
the contract for renovations to the Armory building and transferring
funds.
The bill was given second
reading by the Clerk.
Mr. Beck noted that four
bids had been received with the low bid being $666,200 from Prost Builders. He
reported the project consists of installing an elevator in the building,
renovating the rest rooms, the office areas, and the activity area, replacing
the roof and gym floor, and installing an access ladder for emergency fire
protection. Mr. Beck commented that CDBG monies will be used to fund
a portion of the project.
Mr. Janku asked if painting
would be included. Mr. Beck did not think that was included in the
project.
Mrs. Crockett asked if addendum
number two would be used at all. Mr. Patterson said that was an add
on for replacing the HVAC system, and it had to be cut because of lack of
funding.
Mr. Campbell made the motion
that B255-99 be amended per the amendment sheet. The motion was
seconded by Ms. Crayton and approved unanimously by voice vote.
B255-99, as amended, was
given third reading with the vote recorded as follows: VOTING YES:
CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: JOHN. Bill declared enacted, reading as follows:
B256-99 Confirming
the contract for construction of the Hinkson Creek Trail Phase I.
The bill was given second
reading by the Clerk.
Mr. Beck said four bids were
also received on this project with the bid of Emery Sapp and Sons being recommended. He
said the staff report outlined negotiations with regard to the acquisition
of a bridge.
Mr. Coffman asked if there
had been some earlier discussions about the City looking into purchasing
old bridges. Mr. Beck said staff looked for an old bridge for this
project, particularly after seeing the bid. He said they were not able
to come up with one.
Mr. Coffman made the motion
that B256-99 be amended per the amendment sheet. The motion was seconded
by Mr. Janku and approved unanimously by voice vote.
B256-99, as amended, was
given third reading with the vote recorded as follows: VOTING YES:
CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO
ONE. ABSENT: JOHN. Bill declared enacted, reading as follows:
CONSENT AGENDA
The following bills were
given second reading and the resolutions were read by the Clerk.
B238-99 Accepting grants of easement for water utility purposes from The Arcadia Group, LLC.
B239-99 Approving engineer's report for Chapel
Hill Road water main project.
B250-99 Approving the final plat of Sedonna
Villas, Plat 1; authorizing a performance contract.
B251-99 Approving the final plat of Village Square, Plat 1; authorizing a performance contract.
B252-99 Approving a replat of lot 12122 of The Highlands Plat 12-A; authorizing a performance contract.
B253-99 Approving a replat of lot 1232 of The Highlands Plat 12-A; authorizing a performance contract.
B254-99 Approving a replat of lot 1233 of The Highlands Plat 12-A; authorizing a performance contract.
R144-99 Setting a public hearing: street improvements on Brown School Road.
R145-99 Setting a public hearing: construction of Columbia Cosmopolitan Recreation Area hard surface trail.
R146-99 Setting a public hearing: property
tax rates for 1999.
R147-99 Setting a public hearing: FY2000 budget.
R148-99 Authorizing an agreement with the Missouri
Department of Health for sexually transmitted disease clinical services.
R149-99 Authorizing the City Manager to make application for FY2000 FHWA and FTA planning grants.
The bills were given third reading and the resolutions were read with the vote recorded as follows: VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE. ABSENT: JOHN. Bills declared enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R150-99 Amending the hangar ground site lease
with Ozark Management, Inc. to add a fuel farm land lease.
The resolution was read by the Clerk.
Mr. Beck explained that this is in accordance
with the standard policy of rental at eight cents per square foot. He
said it would bring in an estimated revenue of $1,320 per year for 16,500
square feet of lease space.
The vote on R150-99 was recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT: JOHN. Resolution declared adopted, reading
as follows:
R151-99 Authorizing an agreement with the Maplewood Barn Association for operation of a summer theater program.
The resolution was read by the Clerk.
Mr. Beck noted that the Parks and Recreation
Department had budgeted $3,500 to enter into this agreement.
Mr. Campbell asked if he remembered correctly
that when this came up three years ago, it was to be a temporary kind of
thing because the Association had not made application at the appropriate
time through the Cultural Affairs Commission. He wondered if
this was to be a permanent situation after all. Mr. Hood replied that
he was not involved in the details at the time, but believed that Mr. Campbell
was correct in his assumption. He explained for the last two years
his department has included the money in their budget and advised the Council
of such. Mr. Hood reported that as the Council had continued to authorize
the expenditure, it had been kept in the budget. At the Council's direction,
it could certainly go back and be processed through the Office of Cultural
Affairs. Mr. Campbell believed that was what the Council's intent had
been, although he was in favor of passing it this year. He asked that,
as part of the budgeting process, that it be brought forward again. Mr.
Campbell plans to support the request, but wanted some clarification.
The vote on R151-99 was recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT: JOHN. Resolution declared adopted, reading
as follows:
R152-99 Authorizing an agreement with the John William Boone Heritage Foundation for a CDBG grant for the restoration of the Blind Boone Home.
The resolution was read by the Clerk.
Mr. Beck explained that on July 7, 1999,
he entered into an agreement with the Warren family for the purchase of the
Blind Boone Home for the appraised amount of $160,000. Later that same
day, he met with members of the Heritage Foundation and a DNR representative
about possible grant opportunities. The grant being pursued is in the
amount of $6,600 and requires a $4,400 match. It would be used for
a consultant study. Mr. Beck said there also appears to be possibilities
for other preservation construction grants. When this issue first came
up, Mr. Beck noted that he had asked the Council to allocate $250,000 in
Community Development Block Grant money to be made available for purchase
and preservation of the home. What is being proposed by the Heritage
Foundation would fall under that definition. His recommendation is
that the City use the additional $4,400 for this purpose.
Louise Salerno, Chair of the John William
Boone Heritage Foundation, reported this is the beginning of possibilities
for preservation of the home. She stated the Foundation met today with
members of the preservation staff from DNR, and there was very likely to
be phases of preservation with the same kind of matching assistance.
Mayor Hindman thanked the Foundation for
the work they have done so far. He said the home has the potential
for being a real asset to the community.
Mr. Coffman asked about comments he had
heard about the Foundation wanting to preserve historical documents and photographs. Ms.
Salerno said she hoped to be able to tell the Council more in two weeks,
but the Foundation has already received a considerable contribution of John
William Boone's original sheet music that can be displayed.
Tony Holland, 306 W. El Cortez, a board
member of the Foundation, urged the Council to support the grant application.
Mr. Beck pointed out that the program
will be administered by the Heritage Foundation; however, the City will supply
staff support in interviewing for the consultant.
Mayor Hindman urged The Foundation to
also work with the Convention and Visitors Bureau and the Special Business
District.
The vote on R152-99 was recorded as follows:
VOTING YES: CROCKETT, CAMPBELL, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING
NO: NO ONE. ABSENT: JOHN. Resolution declared adopted, reading
as follows:
The following bills were introduced by
the Mayor, unless otherwise indicated, and all were given first reading:
B258-99 Rezoning property located south and
east of the southeast corner of Chapel Hill Road and Scott Boulevard from
R-1 to C-P; approving "The Village of Cherry Hill" C-P Development Plan.
B259-99 Rezoning property located on the west side of Scott Boulevard from A-1 to O-P; establishing permanent O-P zoning on recently annexed property.
B260-99 Rezoning property located on the northeast corner of North Garth Avenue and East Sexton Road from R-4 to R-2 and R-3.
B261-99 Rezoning property located south and west of the existing Missouri Book Services facility from C-1 to M-R.
B262-99 Rezoning six parcels of land located generally west of Scott Boulevard, along both sides of Smith Drive.
B263-99 Establishing permanent A-1 and S-R zoning on recently annexed property located on the east side of Rock Quarry Road, south of Nifong Boulevard.
B264-99 Establishing permanent R-1 zoning on property located adjacent to Lot 311 of Stoneridge Estates, Plat 3.
B265-99 Vacating a portion of a utility and drainage easement located within lot 9A of Nifong Village Administrative Subdivision.
B266-99 Approving the final plat of Ewing Industrial
Park, Plat 4.
B267-99 Approving a replat of lot 9 of Bergen's
Addition to the City of Columbia.
B268-99 Amending Chapter 29 of the Code relating
to the M-R District.
B269-99 Accepting easements for utility purposes.
B270-99 Authorizing the construction of the
Cosmo Park pedestrian trail; accepting a grant from the Department of Natural
Resources; accepting a donation from the Cosmopolitan Club.
B271-99 Amending Chapter 14 of the Code to allow for off-street parking for special events.
B272-99 Amending Chapter 6 of the City Code to modify the BOCA National Property Maintenance Code of 1996 as it relates to boarded-up buildings.
B273-99 Approving engineer's report; accepting a deed of dedication; authorizing payment of differential costs for 12-inch water main serving Rocky Creek Subdivision, Lots 1-13.
B274-99 Calling for bids for the Paris Road and Hinkson Avenue intersection improvements.
B275-99 Calling for bids for the construction of the B-16 Outfall Relief Sewer; B-17 Interceptor Sewer and the Bear Creek Outfall Sewer.
B276-99 Authorizing an agreement with Dames & Moore Group Company for consulting services for the Airport's Master Plan Update project; accepting grant from the FAA; appropriating funds.
B277-99 Authorizing an agreement with Boone County relating to road improvements to Smith Drive.
B278-99 Authorizing Changer Order No. 1 and approving the engineer's final report for the Garth Avenue and Sexton Road Area storm drainage improvements project.
B279-99 Authorizing Change Order No. 1 and approving the engineer's final report for the MC-7 Trunk Sewer project.
B280-99 Confirming the contract of Twehous Excavating Company, Inc. for construction of improvements at Columbia Regional Airport; appropriating funds.
B281-99 Authorizing application for and execution of FY2000 transit operating assistance grants with the Missouri Highway and transportation Commission.
B282-99 Calling an election on hotel tax.
B283-99 Calling an election on capital improvement
sales tax.
B284-99 Setting property tax rates for 1999.
B285-99 Adopting the FY2000 budget.
REPORTS AND PETITIONS
(A) Transfer of Funds.
Report accepted.
(B) Sports Activities for Seniors.
Mr. Janku thanked the Parks and Recreation
staff for the report.
(C) Field School Park Recommendation from Parks
and Recreation Commission.
It was decided the issue would be scheduled for a work session.
(D) Storage of Unlicensed Motor Vehicles.
There was a discussion about the wording
in the current ordinance.
Mayor Hindman asked if the Council would
like to reconsider the ordinance that was defeated previously (it would do
away with the tarp exception).
Ms. Crayton made the motion that the staff
be directed to draft an amendment to the ordinance to remove the cover exception. The
motion was seconded by Mr. Janku and approved unanimously by voice vote.
(E) Request to Amend M-1 Section of Zoning Ordinance regarding Concrete Plants.
Upon Council consensus, Mayor Hindman said this issue would be discussed at a work session.
(F) Noise Ordinance.
Chief Botsford said the Council had requested
a report comparing ordinances in Jefferson City and St. Charles pertaining
to noise. He noted this information had been included in the report
along with Columbia's ordinance. Chief Botsford reported Columbia's
ordinance is confusing both for the people being cited as well as for the
officers to enforce. He outlined that enforcement can vary depending
upon the time of day, how far away the nose is, and whether the officer can
or cannot be the complainant. He explained the Jefferson City ordinance
is much simpler and would probably be much easier to enforce.
Mr. Campbell made the motion that the
staff be directed to draft an ordinance modeled after the Jefferson City
ordinance for Council consideration. The motion was seconded by Mrs.
Crockett.
Mr. Boeckmann explained that Chief Botsford
was referring to one section of the Jefferson City ordinance. When
looking at the entire ordinance, he said it looks remarkably similar to ours. He
pointed out that Jefferson City had been sent a copy of our ordinance approximately
ten years ago. Mr. Boeckmann felt that the entire noise ordinance should
be amended to simplify it. He suggested that if the Council wants to
deal with the car noise issue quickly, that they indicate an ordinance be
drafted for that specific section. He noted that to rework the entire
noise ordinance would take considerably longer.
Mr. Campbell said he would modify his
motion. He noted concerns about who has to sign the complaint. He
saw the two issues as relating to car noise and who has to make the complaint.
Mr. Boeckmann asked if the Council wanted
an ordinance dealing with 24 hours per day within 50 feet. Mr. Coffman
said the hours may be logical, but his concern was the same as Mr. Campbell's,
people who want to voice a complaint but do not want to sign a complaint. Mr.
Campbell felt that most people are fairly tolerant of noise, but after nine
or ten they start to feel uncomfortable with noise coming into the household. In
addition, Mr. Campbell commented people do not appreciate having to come
to the Police to make a complaint. Mr. Boeckmann explained that during
the late hours a resident would not have to make a complaint because if the
Police can hear the noise, the officer can issue the ticket.
The motion made by Mr. Campbell, seconded
by Mrs. Crockett, amended to an ordinance dealing only with revisions to
auto noise, and a later revision/study on the entire noise ordinance, was
approved unanimously by voice vote.
(G) Solid Waste Report.
Mrs. Crockett said the report was excellent. It
was decided that a work session would be held on the issue.
BOARDS AND COMMISSIONS
None.
COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
Mr. Coffman commented on complaints received
from Bouchelle Avenue residents regarding work that was done on the brick
street. Mr. Patterson said he received a call this morning regarding
the street and he had referred it to the street division with a request for
a report.
Mrs. Crockett noted that bike lanes had
been repainted on Southampton and that there was no centerline. She
asked why there were so many lines and why the lane width had changed. Mr.
Patterson said on collector streets the bike lanes were changed from five
to seven feet from the back of curb. He explained it makes the bike
lanes safer and also has an effect of slowing traffic. Mr. Patterson
noted Southampton and Bethel are a couple of streets that they have had particular
problems with. The reason there are two lines is because of the repainting
and it will take awhile for the previous lines to fade. Regarding the
centerline, Mr. Patterson agreed that they need to expand their striping
of centerlines more than has occurred in the past.
Ms. Crayton said she had a visit from
an elderly resident today that was concerned about the children in the street
near his house during all hours of the night. He was frightened by
them and asked for help. She gave the gentlemen's address and phone
number to the staff for follow-up. Ms. Crayton asked that someone assure
him that the situation would be taken care of.
Ms. Crayton received a letter from the
Noble Court residents regarding their desire to have speed bumps installed
on this street. Mr. Patterson responded that his department developed
guidelines for speed control devices and this issue was referred to the Bicycle/Pedestrian
Commission along with the crossing policies. He indicated staff would
recommend some type of traffic control device on Noble Court.
Mr. Janku commented that some time ago
Public Works had prepared a report pertaining to sidewalks on the north side
Smiley Lane, and what would be involved in having the walk continue from
Oakland up to Derby Ridge. He asked that the report be updated in view
of the sidewalks being added with the Oakland project and the construction
of houses going in along the area. He said there would be a few gaps
left without any eminent construction. Mr. Janku wanted to know what
would have to be done to have a continuous sidewalk connecting Arcadia and
Derby Ridge.
Mr. Janku asked for a report on the type
of lighting that will be used on the new MFA Breaktime station on Chapel
Hill and Scott Boulevard. He thought that it could serve as an example
of a new lighting standard for other gas stations as it would be quite effective
but less obtrusive. Mr. Janku suggested the report could then be referred
to the Energy and Environment Commission.
The meeting adjourned at 11:27 p.m.
Respectfully
submitted,
Penny St. Romaine
City Clerk
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