INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, March 20, 2000, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council members CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, and CROCKETT
were present. The City Manager, City Counselor, City Clerk, and various Department
Heads were also present.
APPROVAL OF MINUTES
The minutes of the regular meeting of March 6, 2000, were
approved unanimously by voice vote on a motion made by Mr. Janku and a second
by Mrs. Crockett.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mayor Hindman noted that B94-00 would be added under New Business.
The agenda, as amended, including the Consent Agenda, was
approved unanimously by voice vote on a motion made by Mayor Hindman and a second
by Mr. Campbell.
SPECIAL ITEMS
Mary Anne McCollum - Census 2000 Presentation
Ms. McCollum, Chair of the 2000 Census Committee, explained
the importance of filling out the census forms and how the information will be
used over the next ten years as a source of funding from the federal government.
Karina Galve-Peritore, a Committee member, explained she has
been working with the Committee to reach out in particular to the Hispanic/Latino
population.
Cynthia Mustard, also a Census Committee member, explained
how they are striving to contact the underserved population as well.
Ms. McCollum asked anyone who has not already received a census
form to contact the Census Office.
Mayor Hindman thanked Ms. McCollum and the Committee for their
continuous hard work.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B49-00 Rezoning property located on
the south side of Clark Lane, across from Ballenger Place from Districts
A-1,
R-2 and O-P to District C-P.
The bill was given second reading by the Clerk.
Mr. Beck explained that this 22 acre tract is located in northeast
Columbia. He noted that after the Planning and Zoning Commission recommended
denial of the request, the applicant met with the Hominy Branch Neighborhood
Association and have since submitted an amended request which includes rezoning
the western 11.63 acres from R-2 and O-P to C-P, and rezoning a 0.62 acre triangular
piece from A-1 to O-P with O-1 uses. It was stated that a good portion of the
greenbelt would remain A-1.
Mayor Hindman opened the public hearing.
Tom Schneider, an attorney with offices at 11 N. Seventh Street,
spoke on behalf of the applicants, Mr. and Mrs. Gus Karellas and George Godas.
Mr. Schneider displayed a color coded diagram depicting the net outcome of this
rezoning application. He noted the proposed C-P area represents an approximate
27% reduction from the original request and would eliminate about one-third of
the commercial frontage on Clark Lane. Mr. Schneider explained the land immediately
to the north of the frontage is zoned C-P and staff had a concern about a clash
of opposing commercial traffic. He said that concern would be eliminated. Mr.
Schneider explained that the currently zoned 6 acre tract will remain A-1. He
reported the applicants are willing to dedicate it to the City in the form of
a greenbelt overlay easement. He related the area to the east is currently zoned
R-2 and it would remain as buffer. Mr. Schneider believed it was unlikely there
would be any residential development in this area.
Mr. Schneider pointed out that the reconfiguration essentially
conforms to the recommendations of the staff report, and in many way, they thought
it conforms to the 2020 Plan should this request be approved. He reported that
the applicants agree that a traffic study should be submitted in conjunction
with any development plan. Mr. Schneider commented there are obviously traffic
issues in the area and the request is very reasonable.
Mr. Janku said it is conceivable that Ballenger Place will
be extended through this tract. He asked if the applicants had considered that
in their potential development plans or right-of-way dedication. Mr. Schneider
said they had not -- not specifically. He did not think the exact location of
the overpass had been determined. Mr. Schneider stated it is thought the extension
will occur in this area, but the applicants have not discussed any right-of-way
issues with the Highway Department. He noted that it was a significant point
because it would address the traffic congestion in the area. Mr. Janku asked
what would happen if the development precludes future options with respect to
the extension. Mr. Schneider said it would not preclude it, but it may make a
difference in the highest and best use of the property in the event of a condemnation
case. He said that is certainly not the purpose of this application, but he thought
that was the actual fall out in so far as the Highway issue is concerned. Mr.
Schneider reported it would probably also force the Highway Department to make
a decision now before any development occurs.
Bonnie Clarkson, 1205 Crump Lane, reported she is opposed
to this request, as are her neighbors who live on either side of her. She noted
that the subject tract is located directly across the street from her home where
she resides with her two young children. Ms. Clarkson indicated she made an investment
in her home hoping to keep her children away from the traffic of Clark Lane,
and now it appears the traffic will be getting closer to her house.
Judy Johnson, 1516 McKee, a member of the Zaring Neighborhood
Association, noted the resident's growing concern about additional commercial
zonings in the area. She believed the neighborhood is being overwhelmed with
commercial development.
Karl Skala, 5201 Gasconade, Chair of the Hominy Branch Neighborhood
Association, explained that he had sent a letter to the Council stating his opposition
to this rezoning request. He thought that since the Planning and Zoning Commission
meeting, the plan had been sufficiently altered. Mr. Skala believed the changes
were substantial, even though the new plan contains some positive things, and
that the application should be sent back to the Planning and Zoning Commission
for their reconsideration before the Council votes on the issue.
James German, 4217 Stevendale, President of the Alumni Heights
Neighborhood Association, spoke against the request.
Mayor Hindman closed the public hearing.
In their most recent publication, Mr. Janku reported that
MoDOT recognized the extension of Ballenger Place as a possible improvement to
the I-63/I-70 traffic issue. He asked how approval of this request would affect
those measures in terms of the planning process and ensuring that options are
preserved. Mr. Patterson replied staff would try to address that issue when the
plan is submitted to assure that the right-of-way is maintained. He pointed out
with a little deviation east and west, there will not be a lot of choice about
where the overpass will be located. Also significant, regardless of what the
Highway Department ultimately decides in their MIS Study, is that the possible
extension continues to be something that will be very important to the City of
Columbia in future years. Mr. Patterson indicated staff would certainly try to
address that opportunity to assure it can occur when the plan comes in for approval.
Mr. Janku asked if it is on the City's transportation plan at this point, and
wondered about the authority to ask for right-of-way dedication. Mr. Patterson
replied the City would have the authority.
Mr. John acknowledged the problem when significant changes
are made to a rezoning request after the Planning and Zoning Commission holds
the public hearing. He commented in this case, the Council is again being asked
to review something that has been significantly changed, hopefully for the better,
without having a recommendation from the Commission. He pointed out that the
original request had been defeated on a 7-0 vote. Mr. John remarked that the
Council has no idea what the Commission might have recommended on this particular
request. He preferred that the amended request be sent back to the Planning and
Zoning Commission for further review.
In addition to Mr. John's thoughts, Mr. Campbell had concerns
about the increased traffic that would be generated by this development. Until
the traffic situation is resolved, he would be reluctant to approve this rezoning
request.
Mr. Janku felt Mr. John's remarks were appropriate, however,
sometimes amendments are made to plans that reflect comments made at the Planning
and Zoning Commission meeting in an attempt to address concerns that were conveyed
at the public hearing. He did not think the Council should necessarily refer
those applications back to the Commission. As that is not the case in this situation,
Mr. Janku would agree with Mr. John's suggestion.
Mr. John made the motion that the issue be referred back to
the Planning and Zoning Commission. The motion was seconded by Mayor Hindman.
There was a discussion about the notice requirements when
something is referred back to the Commission. Mr. Boeckmann felt it best to readvertise
and have another public hearing at the Commission level. The question was raised
of who would pay for the costs associated with the readvertising. Mr. Hancock
indicated it would be handled like any other rezoning request -- the applicant
would pay for the advertising, unless otherwise directed by the Council.
The motion made my Mr. John, seconded by Mayor Hindman, was
approved unanimously by voice vote.
B70-00 Authorizing construction of
an 8-inch water main serving Quail Creek, Plat 1; authorizing payment
of
differential
costs; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that in keeping with City policy, we would
pay for the differential in cost between a six and eight inch water line. The
estimated cost of the improvement is $5,215 which will be paid from water and
electric funds.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B70-00 was given third reading with the vote recorded as follows:
VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B77-00 Change street name from "Charlie
Goff Drive" to "Kipling Way."
The bill was given second reading by the Clerk.
Mr. Beck noted that approval of this request had been recommended
by both the staff and the Planning and Zoning Commission.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B77-00 was given third reading with the vote recorded as follows:
VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU. VOTING NO: NO ONE.
ABSTAINING: CROCKETT. Bill declared enacted, reading as follows:
B81-00 Approving the transfer of a
cable television franchise from Falcon/Capital Cable, L.P. to Charter
Communications
Corporation.
The bill was given second reading by the Clerk.
Mr. Beck explained that the City Code requires that the Council
approve the transfer of a cable franchise. He noted that a substitute bill has
been prepared.
Mr. Boeckmann explained that the bill as introduced simply
approved the transfer. The proposed amendment requires that three conditions
be met: that the cable company shall submit quarterly reports to the City relating
to customer service, the open access issue may be raised by the City at a later
date, and the undergrounding of cable lines would be required when the City replaces
overhead electric service with underground facilities.
Mr. Coffman explained the reporting requirements and pointed
out that most of these conditions are already expected by the Federal Communications
Commission. Regarding the open access issue, Mr. Coffman related that the three
Council members on the Cable Committee have agreed this is an important issue.
He noted that Columbia is a very Internet focused community, being probably the
fourth most Internet connected city in the country. He said we are very fortunate
to have two cable companies that offer high speed Internet access, but Mr. Coffman
believed there is an issue that will be growing in importance - whether or not
one can receive, on a non-discriminatory basis, the Internet service provider
that one wants through their cable service modem. He asked Mr. Boeckmann to explain
what is occurring in St. Louis in regards to this issue.
Mr. Boeckmann reported that the City of St. Louis passed a
general ordinance that would require open access. A valid petition was submitted
and the issue apparently is going to be placed on the ballot as a referendum
for the voters to decide. Although, he stated the circulators of the petition
had withdrawn it. Mr. Coffman understood that the City of St. Louis passed an
open access ordinance and he asked if the petition drive had been an effort by
the cable company to repeal it. Mr. Boeckmann said that had been his understanding,
but he was not sure if that meant the City is going to require open access, or
if it meant they would rather challenge the legislation in court.
Mr. Coffman asked if the amendment before the Council tonight
would simply clarify that the City has the right to pass an ordinance if there
is no legal authority prohibiting it in the future. Mr. Boeckmann responded the
City of Columbia regulates its cable ordinances in two ways; one is that there
are some limitations to the franchise ordinance, and the other is that the City
also enacted a general ordinance that has been codified as a chapter of the City
Code. In the ordinance that is part of the City Code, a number of regulations
have been adopted. Mr. Boeckmann explained that the Council could deal with the
open access issue by amending the Code. He did not believe it was necessary to
do it as part of a franchise renewal or franchise transfer. He recommended that
the Council just amend the general ordinances. Mr. Boeckmann pointed out that
the cable company has ten days in which to accept the conditions in the ordinance.
By doing that, they would be acknowledging that the open access issue can be
raised by general ordinance later on, subject to whatever the federal law is.
Mr. Coffman supported non-discriminatory provision of Internet service.
Mayor Hindman opened the public hearing.
Don Howser, 4405 Melrose Drive, Chief Operating Officer and
Co-Owner of Socket Internet Services, spoke on behalf of the 70 plus employees
that Socket employs in Columbia. He thanked the Council for recognizing that
the citizens of Columbia deserve the right to choose their Internet service provider.
He felt this was a budding opportunity to allow options for the Columbia community.
Mr. Howser said as an innovative business, Socket tests new technology on a consistent
basis. For Charter to even hint that open access is a technology challenge is
laughable. He commented that open Internet access is necessary for true open
market commerce and for the development of local technology. He asked that the
wording in Section 1B of the proposed amended ordinance be changed from "may" to "shall".
Mayor Hindman asked if Socket provides Internet access, and
if so, whether it was through the telephone lines. Mr. Howser responded his company
does provide Internet access through the telephone lines. If Charter Communications
is required to provide open access, then Socket could offer service through the
cable system as well. Mr. Howser indicated he was very impressed with what the
Cable Committee has done so far in terms of educating themselves. However, he
noted one statement that had been made was not quite correct. Mr. Howser reported
it had been stated that consumers currently have the ability to utilize an Internet
service provider after accessing the cable Internet service provider. He said
that is not completely true. Mr. Howser indicated a customer could access their
Internet service provider only after they are on the cable company's network.
He noted that is not the same thing as being able to access any network directly.
At this point there was a technical discussion regarding DSL
lines.
Mr. Campbell asked if Socket wanted open access over Charter
lines, whether the Socket load would be competing directly with the Charter load.
Mr. Howser replied it would not.
Dave Miller, Vice-President of Operations for Charter Communications,
said his understanding regarding the transfer ordinance is that federal law mandates
that if no action is taken by the City within 120 days, it automatically passes.
He said that the platform in St. Louis is open and his company essentially sells
a high speed service for $29.95, and from that point people are free to access
their own Internet service provider. Mr. Miller commented that is what is proposed
for Columbia.
Mr. Coffman asked what the difference would be between a customer
here and a customer in St. Louis subscribing to a cable modem service. Mr. Miller
said there is none that he could think of. He believed a point of confusion may
be due to Charter's $29.95 fee for Internet access which includes an ISP service.
He said they do that for convenience sake because it helped them as an industry
to get to the market sooner.
Mr. Janku asked Mr. Miller if he was aware of the non-discriminatory
access wording. Mr. Miller said he was aware of it and thought it was the best
approach the City could take at this point in time. He fully anticipates the
federal government stepping in at some time in the future.
Mayor Hindman asked what difference requiring open access
would make. He wondered what the objection would be. Mr. Miller said his only
concern was that it is not known what requiring open access means at this point
in time.
George Pfeneger, an employee of Sockett, explained the definition
of open access. He commented there is a definite difference between open access
as they perceive it and as Mr. Miller has described it.
Mayor Hindman asked what the objection would be to the Council
approving a transfer of a system already in place, and delaying the decision
as to what the City would do about open access. Mr. Pfeneger believed that what
is before the Council allows the opportunity for open access to the citizens
of Columbia now. He saw no reason to wait for it. Mr. Pfeneger also thought that
if the citizens of Columbia were aware that what is at stake involves their ability
to obtain high speed access from whatever service provider they choose, versus
being forced to use their cable company, there would be many more people present
to debate the issue.
Mr. Campbell asked how much time lag would be involved because
of the differences in routers and the equipment that would be required. Mr. Pfeneger
said that would depend on the enthusiasm of the technical people involved in
such a transfer. He reported that Socket could do it in a timely fashion.
John Dupries, co-host of The Internet Hour on KOPN and Chief
Engineer of Socket, offered to answer any technical questions. He pointed out
that a lot of communities in the United States are requiring open access with
the awareness that they are not going to get it. Until the court makes a final
decision, Mr. Dupries stated that is not going to happen. He believed that if
more communities require open access, the more law suits that Charter Communications,
AT&T, etc., will have to deal with. Mr. Dupries thought a critical mass will
be reached at some point and the suits will be dropped. He theorized the risk
to the City would be minimal considering all of the other cities requiring open
access.
Timothy White, 4001 LaMarr Court, explained that he subscribes
to the cable Internet access service that AT&T offers, that Charter would
like to assume. He said the simple truth was that he uses this service because
he has no choice. Mr. White noted there is nothing in his agreement that states
he can use another access provider. Eddy Trower, General Manager of Capital Cable,
pointed out that their cable modem service is totally different from what AT&T
provides. He understands the open access issue, however, he reported his company
currently provides cable service to 1,080 customers within the city limits. Mr.
Trower stated Charter would not be able to provide open access right now because
the band width is exhausted in certain sections of the plant. He noted that Charter
is in the process of upgrading the plant and hope to have it completed before
fall.
Don Neely, speaking on behalf of GTE, reported that the bill
pertaining to open access in St. Louis passed 21 to 7, and they have not been
sued over it. Regardless of the number of customers, that did not change the
open access issue and what it means to the citizens of Columbia. Mr. Neely said
if the wording in Section 1B of the ordinance was changed from "may" to "shall",
it would create an open access requirement unless the FCC or the federal courts
rule that local governments do not have that authority.
Mr. Boeckmann reported that if the Council wants to impose
open access, they should not think changing the word "may" to "shall" would do
it. He stated Chapter 10 would have to be amended which would make the condition
apply to AT&T as well as Falcon or Charter.
Mr. Campbell asked what the time line was on this issue. Mr.
Boeckmann said the Council has 60 days to act on the transfer. He believed the
120 days is probably correct under federal law. Mr. Campbell asked when the 60
days began. Mr. Boeckmann said it was January 27. He suggested that the Council
vote on the issue this evening unless Charter consents to a continuance.
Joe Ellison, Manager of Information Systems at Socket Internet
Services, said that open access is allowing citizens to choose their own provider.
Brian Burns, 1517 Ross, explained that he moved here from
Silicon Valley a few months ago. He reported that he did not have cable service
in Silicon Valley because it was not available to him, nor was access through
the phone line. He said the reason being was that those lines were tied up by
the companies that own the lines. Mr. Burns believed that increased speed and
service should decide the issue, not the proprietary owners. He pointed out if
the lines are opened up, the company would do whatever was necessary to ensure
they could offer service on it. He said if they could not give service equivalent
to what AT&T gives, then AT&T would have all of the customers. Mr. Burns
was hopeful that it would give the opportunity for everyone to compete on the
same platform.
Mayor Hindman closed the public hearing.
Mr. Coffman said he is very much in favor of open access,
but thought it should be done after a little more education and in such a way
that it would apply to both cable companies. He suggested that the Council pass
the ordinance per the substitute bill and then pursue open access on a separate
basis by amending Chapter 10.
Mr. Coffman made the motion that B81-00 be amended per the
amendment sheet which sets forth the substitute bill. The motion was seconded
by Mr. Janku and approved unanimously by voice vote.
B81-00, as amended, was given third reading with the vote
recorded as follows: VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU,
CROCKETT. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
R49-00 Approving the FY 1999 CDBG & HOME
Performance Report: authorizing the City Manager to
submit
the document to the Department of Housing and Urban Development.
The resolution was read by the Clerk.
Mr. Beck explained this public hearing is an annual HUD requirement.
Any public comment received this evening will be forwarded to that agency to
be included in the records. The report itself, which was sent to the Council,
lists the expenditures by project during FY 99 for both CDBG and HOME federal
funds. An overhead was displayed detailing the expenditures.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
The vote on R49-00 was recorded as follows: VOTING YES: CAMPBELL,
JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
OLD BUSINESS
B74-00 Calling for bids for street improvements
to Fourth Avenue from Garth Avenue to Providence Road.
The bill was given second reading by the Clerk.
Mr. Beck explained that the bid would call for a 28-foot street
in width and the project includes sidewalks and driveway approaches. Mr. Beck
explained that because this is a CDBG funded project, the abutting property owners
will be tax billed at half of the cost. The estimated project cost is $252,000.
Comments were called for with none received.
B74-00 was given third reading with the vote recorded as follows:
VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B76-00 Amending Chapter 14 of the Code
to prohibit parking on the north side of Forest Avenue from Grand
Avenue
to Providence Road.
The bill was given second reading by the Clerk.
Mr. Beck explained that parking would be restricted to the
north side of the street between the hours of 8:00 a.m. to 3:00 p.m. on school
days. The amendment is the result of a request by property owners because the
street is only 26 feet wide and it is difficult to navigate due to the volume
of students who park on it during the school day.
Comments were called for with none received.
B76-00 was given third reading with the vote recorded as follows:
VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B79-00 Authorizing an agreement with
TeleCorp Realty, L.L.C. to lease site for antenna.
The bill was given second reading by the Clerk.
Mr. Beck said a request had been received several months ago
to construct a cell tower at Fire Station 6 on Chapel Hill Road. He reported
staff negotiated an agreement to allow a 120 foot cell phone tower disguised
as a flag pole. The agreement is for ten years with a right to extend for another
five years. The City will be paid $15,000 per year for the first ten years and
if extended, $18,000 per year for each additional year.
Mr. Janku pointed out that this is a non-exclusive lease.
He asked if there is another request for use of the pole, whether the City would
be receiving additional compensation from that provider. Mr. Watkins replied
there would be additional compensation, but it will not be the same amount because
there is a cabinet and some equipment space that will need to be leased as well.
B79-00 was given third reading with the vote recorded as follows:
VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B80-00 Authorizing a right of use agreement
with Williams Communications, Inc.
The bill was given second reading by the Clerk.
Mr. Beck explained that this proposal involves running fiber
optic lines through an abandoned gas line. He noted that the easements are already
in place. The staff has discussed the issue at length and determined the cost
based on what other cities are doing in similar situations. The charge will be
per foot and would amount to approximately $8,000 per year for a ten year period.
Comments were called for with none received.
B80-00 was given third reading with the vote recorded as follows:
VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B82-00 Authorizing acquisition of property
located at the northwest corner of Bearfield and Nifong for
construction
of a new fire station.
The bill was given second reading by the Clerk.
Mr. Beck explained that the November ballot issue included
funding for a new fire station in southeast Columbia. After consideration, staff
chose a 1.94 acre tract of land. He reported this ordinance would authorize the
acquisition of the property.
Mr. Janku recalled a recent rezoning in this area and spoke
about the volume of traffic at this intersection. He asked if a stop light is
being anticipated. Mr. Beck said staff would have to determine if that would
be warranted. Mr. Janku wondered whether the City would have the authority to
install a signal with the state controlling Nifong. Mr. Patterson explained that
the City has already signed an agreement accepting Nifong when the new Route
AC is constructed.
B82-00 was given third reading with the vote recorded as follows:
VOTING YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, JANKU, CRAYTON, CROCKETT. 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.
B71-00 Accepting easements for utility
purposes.
B72-00 Authorizing agreements with UMC
and Professor James R. Davis in connection with the EPA Clean
Water
Act Phase II Storm Water Regulations; appropriating funds.
B73-00 Approving Change Order No. 1
and the engineer's final report for the Nifong Boulevard and Bethel
Street
intersection improvement project.
B75-00 Calling for bids for construction
of the C-6 Bearfield Subdivision Lagoon Interceptor.
B78-00 Approving the final plat of Wellington
Manor Plat 2; authorizing a performance contract.
R41-00 Setting a public hearing: voluntary
annexation of property located on the west side of Bearfield
Road,
approximately 500 feet south of Nifong Boulevard.
R42-00 Setting a public hearing: construction
of the Wetland Treatment Units Berm Repair Project.
R43-00 Setting a public hearing: amendment
to the FY 2000 Action Plan.
R44-00 Approving the preliminary plat
of Vanderveen, Plat #2.
R45-00 Authorizing an agreement with
Boone County for JCIC clerical services.
R46-00 Authorizing amendments to agreements
for the 1999 Emergency Shelter Grant Program.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: CAMPBELL, JOHN,
COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Bills declared
enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R47-00 Authorizing an agreement with
Crawford, Murphy & Tilly for engineering services related to the
design
and construction of the Upper Hinkson Creek outfall relief sanitary sewer
improvements.
The resolution was read by the Clerk.
Mr. Beck explained that this will be a 48-inch line and indicated
this ordinance will provide the engineering service at an estimated cost of $89,000
with the project cost being estimated at $1 million. Funding would be paid by
sewer utility funds authorized in a revenue ballot issue. Mr. Beck related how
the staff decides on which firm to use on various projects.
The vote on R47-00 was recorded as follows: VOTING YES: CAMPBELL,
JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R48-00 Authorizing an agreement with
Shelter Mutual Insurance Company; authorizing request for proposals
for
backup generators.
The resolution was read by the Clerk.
Mr. Beck pointed out that the Council had discussed this issue
at a work session and that this would be the first of its kind in Columbia.
Mr. Malon explained that this generator will be located at
Shelter Insurance and would provide backup in case of a power failure at the
facility. He described it as consisting of two 1,250 KW diesel generators and
a switch gear in enclosures that would be installed on the property. Mr. Malon
reported it will also be designed so that the units can be run in parallel with
the City's system during peak times. As a result, he noted the City can take
credit for peaking capacity and off-set purchases. Mr. Malon noted that this
is proposed to be a lease finance project with the term of the lease tied to
the term of the contract for the generator. At the end of the seven year contract,
the City will end up owning the equipment. Mr. Malon explained the project will
provide both value to Shelter Insurance Company and to the utility.
The vote on R48-00 was recorded as follows: VOTING YES: CAMPBELL,
JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R50-00 Determining the use of City-owned
property along Flat Branch between Elm Street and Locust Street.
The resolution was read by the Clerk.
Mr. John explained his substitute resolution. He reported
the current plan shows a parking lot with 29 spaces at the actual Trailhead itself.
Mr. John stated that left the park itself relatively small with the area south
of Locust being significantly larger. He proposes to amend the bill by moving
19 parking spots from the north to the south side of Locust Street. Mr. John
pointed out that the amendment would provide parking for the Chamber of Commerce
as well as creating a better Trailhead Park consisting of more overall greenspace.
Mr. John made the motion that R50-00 be amended per the amendment
sheet. The motion was seconded by Ms. Crayton and approved unanimously by voice
vote.
John Ott, 212 Bingham, Chair of the Trailhead Park Committee,
displayed a diagram of the proposal which they felt would draw people to the
downtown area. He described the plan. He explained that the group has worked
very hard to create a park with a maximum amount of greenspace. Mr. Ott commented
that the Committee is appreciative of the Council support they have received
and thanked Mr. John for his idea regarding the parking issue.
Mr. Campbell asked if the plans would affect any parking on
the south end of Fourth Street. Mr. Ott said it would remain as is -- 43 parking
spaces.
Gary Oxenhandler, Chair of the Board of Directors of the Chamber
of Commerce, remarked representatives are present to join in support of the proposal
that was just made by John Ott of the Trailhead Committee. He said they have
had many, many discussions in regard to this matter and numerous bridges had
to be built in order to get here this evening. He thanked Mr. John for his suggestion
and noted that Mr. Campbell had spent a lot of time keeping the two groups at
the table in search of a plan that would meet the needs of the Chamber, the Walton
Building, the Trailhead Committee, and the citizens of Columbia. On behalf of
the Chamber, Mr. Oxenhandler stated they believe the plan presented this evening
meets all of those needs. He indicated that the Chamber looks forward to working
with the Committee in making the public aware of the proposal if it passes, and
to assist in raising funds for the Trailhead expansion. The Chamber thinks this
will be a great amenity for the downtown area as well as for the City of Columbia.
Mr. Campbell said the parking lot would be very tempting and
asked how it would be monitored. Mr. Oxenhandler responded the lot would only
accommodate either reserve or permit parking. He noted parking will be available
to anyone, however, the occupants of the Walton Building will be given the first
opportunity to rent or reserve those spaces on an annual basis. As with any other
lot, Mr. Oxenhandler stated it would be up to the Chamber to enforce parking.
Mr. John pointed out that the spaces would only be reserved
for normal business hours and the lot would still be available on weekends and
evenings for park users or downtown visitors.
Mohammad Eldeib, spoke on behalf of the Islamic Center of
Central Missouri, regarding the best public use of the property. He reported
the Center believes the property should contain the following three items; a
green space adjacent to the creek, limited parking (between 15 to 20 spaces),
and a portion of the property should be reserved to allow for an addition to
their cultural and education center. Dr. Eldeib noted that the City has invested
more than $160,000 to secure the Blind Boone Home as a landmark on the Katy Trail.
Similarly, the Islamic Center believes the proposed cultural and educational
center deserves the same attention. He explained that the Center requests only
a small piece of ground, less than 50 feet in width. He said it would leave over
70 x 300 feet for the park, greenspace, and parking. Dr. Eldeib asked the Council
to reconsider their previous decision.
Ali Jabigney, 3311 Belle Meade, agreed with Dr. Eldeib. He
said the Islamic Center has been excluded and it was not fair to them.
William Woodward, 200A Unity, spoke in opposition to the proposal.
Jeff Stack, a member of the Mid-Missouri Fellowship of Reconciliation,
explained that he has worked often with the members of the Islamic Center and
he has appreciated their presence in the downtown area and the diversity they
bring to our community. He was hopeful parking could be handled differently so
the Islamic Center could be accommodated.
Robert Cunningham, 2504 Waterside Drive, spoke in support
as a member of the Committee. He complimented Mr. John and the Council for the
suggestion of extending the original part of the park. He thought the extension
would do a lot more than resolve the parking problem.
Mayor Hindman theorized the whole complex of greenspace linked
together will be an extraordinarily valuable benefit to downtown Columbia. He
said after the project is completed, everyone will realize just how significant
it is. Regarding the comments made about space being needed for the public, Mayor
Hindman said that was the whole idea of the Trailhead Park -- to provide a genuinely
public place in the downtown area. He said the Islamic Center, very properly,
has raised the question of the necessity of a parking lot where they had requested
the purchase of City land for expansion purposes. Mayor Hindman stated it is
his view that the Walton Building is a City building and this area is City property.
He remarked the Council's concern relates to what is the best use for the public.
If the City were to sell a portion of the land to the Islamic Center, the Council
would be removing it from some valuable public uses. He said a tough decision
had to be made about whether or not that was the proper thing to do. Mayor Hindman
said it was the Council's belief that the best thing to do was to maintain it
in public ownership for public use. He believed that to be the right decision.
Mayor Hindman asked that people understand there is a big difference between
the City giving up the ownership of the property and using it for the benefit
of our own building.
Mr. Campbell said the calls he had been receiving were in
favor of retaining the greenspace and not for parking. After seeing the diagram,
he was convinced that the new configuration will provide more greenspace in total
for the area. Mr. Campbell believed that to be a worthwhile contribution in total
for the downtown area.
Mr. John said that a determination had been made that this
property was not in excess of City needs. The plan as it stands now would be
a net gain of greenspace.
The vote on R50-00, as amended, was recorded as follows: VOTING
YES: CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, CROCKETT. VOTING NO: NO
ONE. Resolution declared adopted, reading as follows:
R51-00 Providing relocation assistance
grants to the residents of Walnut Woods Mobile Home Park.
The resolution was read by the Clerk.
Mr. Beck explained the Council had asked staff to prepare
a resolution to allocate CDBG funds to be used for relocation assistance grants.
He reported the Council had been sent an update regarding options for resolving
the situation at Walnut Woods. Mr. Beck noted staff suggested that if the Council
authorizes the allocation, that applications for assistance should be processed
through the Voluntary Action Center. Included in the packet was a letter from
HUD indicating that funds could be used for this purpose.
Lisa Shields, #53 Walnut Woods, thanked the Council for requesting
the resolution. She suggested that the Council facilitate this difficult situation
by making the grants more user friendly. She said the grant is currently limited
to moving trailers, but there are some people that cannot move their trailers
and they will have to be abandoned. Ms. Shields stated these residents need assistance
as well. She believed any of the families still living in Walnut Woods, or families
that have already vacated the premises, should be allowed to apply for CDBG assistance.
Marilyn Paquin, a former tenant of Walnut Woods, explained
that as she has already relocated her home, she is now ineligible to apply for
any assistance.
Cindy Mustard, Director of the Voluntary Action Center, reported
she has been working very closely with the Office of Community Services and they
have met with the residents of Walnut Woods. She noted other agencies that have
been involved as well included Consumer Debt Counseling and the Salvation Army.
Ms. Mustard stated that the Salvation Army had applied for extra funding from
the United Way -- which she believed had been granted. She related that representatives
from these agencies have tried to express to the tenants of Walnut Woods that
they have extra funds available to help with moving expenses. Not only are they
willing to work with the funds outlined in this proposal, she indicated they
are also trying to do what they can to alleviate some of the other expenses that
have come up. Ms. Mustard felt the recommendation by the Community Services Office
was fair and suggested that the Council accept the proposal as presented.
Mayor Hindman remarked that people frequently get displaced
and have to move trailers and so forth. Ms. Mustard agreed. She stated her agency
sees that kind of thing on a daily basis. Mayor Hindman asked what kind of assistance
these folks are given. Ms. Mustard responded the Voluntary Action Center can
assist with funding for utility connections and the Salvation Army can supply
help with rent. In dire circumstances like this, she said they have the flexibility
to be a lot more reasonable. Mayor Hindman said the difference between this situation
and others is that there are so many families involved. Ms. Mustard agreed, although
it was through no fault of their own. Mayor Hindman believed any aid that is
given should as a result from the short notice. He pointed out Walnut Woods residents
have already received financial aid from the fund that JPI set up in addition
to the contribution from Larry Rice's organization. Ms. Mustard reported those
monies totaled approximately $1,100. Mayor Hindman felt that would surely cover
the extra distress caused by the short notice. He said that would put them in
the same position as other people who would have been evicted under normal circumstances.
Ms. Mustard indicated the average cost for moving a trailer is approximately
$1,450. If the Council approves the $350 grant per resident, that would make
up the difference.
Mr. Janku asked if there was anything in the package being
offered, monies from the bank fund and the potential City contribution, that
would not be normally done by Voluntary Action throughout the year. Ms. Mustard
replied that her organization does not have the funding to provide assistance
for this type of situation.
Mr. Campbell asked what the $1,450 figure covered. Ms. Mustard
explained that it covered moving the trailer. Mr. Campbell asked if that included
skirting and underpinning. Ms. Mustard responded a lot of those costs were probably
not covered. Mr. Campbell's point was that, at best, that figure represents only
a portion of the relocation expense that will be incurred by the residents.
Shelly Shields, #49 Walnut Woods, pointed out that the $1,450
figure also did not include the electric wiring (costing between $200-$300) necessary
to restore the electric connection. In addition, she noted an electrician is
needed in most cases to do this work.
Thunder Falcon, #36 Walnut Woods, asked the Council, on behalf
of Larry Rice, to meet or exceed his donation made to Walnut Woods residents.
She touched on the stipulation that those residents owing the City money will
not be eligible for the grant. Ms. Falcon explained that as she had lived in
the park for many years, she always knew she needed to pay her utility bill.
However, the newer residents were told that the utilities were part of their
lot rent. She said those people have accumulated bills between $500 and $700.
For those with trailers too old to move to another park, Ms. Falcon remarked
that relocation assistance would be helpful.
Paul Modeset, #48 Walnut Woods, spoke in favor of additional
funding for the residents of Walnut Woods.
Jeff Stack, 11 N. Glenwood, thanked the staff and Council
for considering the issue so carefully. He asked that the language of the proposal
be extended to include assistance to those residents who have already relocated.
Mr. Coffman said it was his understanding that CDBG money
could not be used for expenses already incurred. Mr. Hancock said the general
rule is that funds cannot be expended for costs incurred prior to any agreement
with an agency or any project undertaken by the municipality before there is
a program approved or an agreement is signed. Mr. Coffman asked about changing
the phrasing of "moving a mobile home" to "relocation". Mr. Hancock responded
there was no HUD requirement tied to that. He felt it could be changed without
any problem.
There was a discussion about the wording and rephrasing of
the council bill.
Per the comments of the Council, Mr. Boeckmann suggested the
following:
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B83-00 Amending Chapter 24 of the City
Code as it relates to changing street names.
B84-00 Accepting easements for utility
purposes.
B85-00 Authorizing an agreement with
Boone County for animal control services; appropriating funds.
B86-00 Authorizing an agreement with
Boone County for public health services.
B87-00 Calling for bids for the Lynn
Street and Oak Street Drainage Improvement Project.
B88-00 Calling for bids for the Wetland
Treatment Units Berm Repair Project.
B89-00 Confirming the contract of Don
Schneider Excavating Co. for the Hinkson Creek Trail Phase II Project.
B90-00 Approving the final plat of Arcadia,
Plat 6; authorizing a performance contract.
B91-00 Approving the final plat of Open
Heart Subdivision; authorizing a performance contract.
B92-00 Approving the final plat of East
Pointe, Plat 2-D; authorizing a performance contract.
B93-00 Vacating a utility easement located
within Lake Woodrail Subdivision.
B94-00 Amending the City Code: Chapter
18 re: Exclusion of Police Chief from Retirement Plan and
Chapter
19 re: Deferred Compensation and Money Purchase Plan.
REPORTS AND PETITIONS
A) Social Services Planning Process.
Mr. Beck noted that this report had been requested by Councilperson
Campbell.
Mr. Campbell thanked Mr. Steinhaus for an excellent report
and said he thought this would be an ongoing process.
B) Ice Skating Facility Request for
Proposals.
Mr. Beck explained that this proposal was put together by
City staff, with the help of a consultant working with the Recreation Committee.
He said the next step would be for the Council to approve the RFP.
Mayor Hindman made the motion that the staff proceed with
the issuance of the RFP with the modification that it include an option for payment
of any portion of gross income. The motion was seconded by Mr. John and approved
unanimously by voice vote.
C) Intra-Departmental Transfer of Funds
Request.
Report accepted.
D) Benton Stephens Neighborhood Request
to Rezone Property.
Mr. Beck explained that per policy resolution, down zonings
may be requested once a year and the City would pay for the associated advertising
costs.
Mr. John made the motion that staff be directed to set a public
hearing. The motion was seconded by Mrs. Crockett and approved unanimously by
voice vote.
E) Columbia Community Development Corporation.
Mr. Hancock described the two changes being requested to the
CDC program. The first was to decrease the amount of the subsidy on the homes
that are built by the students and an increase on the subsidy for the contractor
built homes. He said this should not affect the overall costs of the program.
Mr. Hancock recommended this amendment be approved. The second request was for
$10,000 in administrative funds. Mr. Hancock explained that the City provides
no funding toward the operation of CDC's program. He noted they have asked for
HOME funds, but those monies cannot be used for that purpose. Mr. Hancock indicated
CDC could use some of the CDBG administration funds. He believed it could be
absorbed out of the contingency fund.
Mr. Janku made the motion that the staff be directed to prepare
a new agreement. The motion was seconded by Mr. Campbell.
Mr. John asked how many houses CDC builds per year. Mr. Hancock
replied that CDC's letter indicates that they have constructed four to five houses
per year, and they plan to increase that to eight to ten homes.
Mr. Campbell asked whether representatives from CDC could
meet with the Council to discuss the effectiveness of the program. Mr. Hancock
indicated he would forward Mr. Campbell's request to the appropriate individual.
The motion made by Mr. Janku, seconded by Mr. Campbell, was
approved unanimously by voice vote.
F) Percent for Art Project Recommendations.
Mr. Beck explained that this report explained how staff might
proceed with the Percent for Art Program pertaining to the Fire Station and Community
Recreation Center projects.
Mr. Campbell reported he felt rather strongly that the City
has to, at a minimum, go to the alternative as provided by the staff for announcements
of who is going to be invited to participate in the program. Mr. Janku agreed.
Mr. Campbell made the motion that the Council adopt the recommendations
with the alternative staff recommendation. The motion was seconded by Mr. Janku
and approved unanimously by voice vote.
BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council the following
individuals were appointed to the following boards and commissions:
CULTURAL AFFAIRS COMMISSION
Adams, Algalee P., 2604 Grant lane, Ward 4 - term to expire 4/1/03
Gray, Randall D., 403 S. William, Ward 6 - term to expire 4/1/03
Schulz, Jolene M., 1716 Stirling Court, Ward 5 - term to expire 4/1/03
Shapiro, Elizabeth H., 4013 Newport Court, Ward 4 - term to expire 4/1/03
COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
Mr. Coffman made the motion that staff be directed to prepare
an ordinance in order to begin debate on the open access issue as an amendment
to Chapter 10. The motion was seconded by Mayor Hindman and approved unanimously
by voice vote.
Mr. Coffman remarked that he had attended a Hinkson Valley
Neighborhood meeting, and the residents along Bluff Dale have concerns about
the storm water grates in the area. He said they feel there are two or three
rather large ones and they worry about the safety of their children. Mr. Coffman
asked Public Works to check and make sure there was no safety hazard.
Mr. Coffman explained that a few years ago, the Council vacated
a section of Rockhill Road. Before that was done, he said there was considerable
discussion about how desirable it would be to have a pedestrian walkway between
Cliff Drive and Fyfer Place. Mr. Coffman reported he has been informed by residents
who have lived there for many years that the Council may not have had the best
information when they approved this vacation request. He distributed to the Council
an affidavit disclosing that the street was closed to vehicular traffic at some
point in the 50's. In addition, Rockhill Road has been used in the neighborhood
as a pedestrian walkway and for many other uses since then. Mr. Coffman asked
that staff report back on ways the City might be able to convert a portion of
the street to a pedestrian walkway.
Mr. Coffman made the motion that the staff be directed to
report back on the issue. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
Mrs. Crockett made the motion that the staff be directed to
work with Stephens College on the possibility of the City of Columbia purchasing
the lake and the golf course when it becomes available for sale, and to report
back to the Council their findings along with funding recommendations. The motion
was seconded by Mr. Coffman and approved unanimously by voice vote.
Mrs. Crockett reported that she has received several calls
regarding the Farmer's Market and whether voters approved the Market being included
with the Community Recreation Center. Mayor Hindman explained that they had represented
at the time of the election that space would be made available, but no funding
was approved by the ballot issue. Mrs. Crockett stated people realize the Farmer's
Market would have to provide the funding to build the facility, but they wanted
to know why they are being allowed to construct a building on the property. Mr.
Beck reported the group would have to enter into a formal agreement with the
City before they would be able to build on the site.
Mr. Campbell noted that he has been asked recently about the
status of the Health Adventure Center. He asked for a report.
Mr. John thanked Mr. Campbell for keeping the Chamber and
Trailhead groups together during the discussions relating to the Trailhead Park.
Mayor Hindman thanked Mr. John for his brilliant idea regarding
the parking issue in the Trailhead Park area.
Ms. Crayton congratulated the newest Boone Works graduates
and encouraged them to keep pursuing their educational opportunities.
Mr. Janku remarked that the Council had discussed the Community
Action Team at the work session last week. He commented that St. Louis County
is considering an ordinance that would allow property owners to be tax billed
to correct minor nuisances.
Mr. Janku made the motion that a report on the ordinance be
prepared exploring how it could be applied here, particularly in the case of
the automobile issue. The motion was seconded by Mr. Campbell and approved unanimously
by voice vote.
Mr. Janku stated that a few weeks ago the Council had discussed
the removal of trees on Garth Street and Wilkes Boulevard. He reported the contractor
had cut down the trees, but did not remove the stumps and large pieces of wood.
Mr. Janku asked the staff to have the contractor come back and finish the job.
Mr. Janku gave an article to the City Manager to forward to
the Convention and Visitors Bureau regarding a new bicycle route being created
across the country. He was hopeful the City could figure out a way to connect
to it.
Mrs. Crockett asked about some work being done near the intersection
of Nifong and Forum. Mr. Patterson reported that bike lanes in this area are
being removed to allow for safe passage of vehicles. The island that is being
constructed is the pedestrian refuge approved as part of the development plan.
Mr. Patterson explained the intersection will be signalized and the crosswalk
will be properly marked. In addition, the island itself will be painted with
reflective paint.
Waldo Palmer, 414 Alexander, asked for an explanation of a
report given at the last meeting regarding a reduction in landfill prices. It
was suggested that Mr. Palmer contact staff for a copy of the report.
William Woodward, 200A Unity, thanked Mrs. Crockett for her
motion regarding the Stephens College golf course and lake purchase. He asked
the Council to appoint a committee to work on it.
John Clark, 403 N. Ninth, asked the Council to direct Planning
and Zoning Commission to prepare a proposal relating to guidelines the Council
should follow when considering whether to send zoning applications back to the
Commission. He noted the Commission quite often feels left out of the process
and he felt the best place to start was to ask them what they would like to see
implemented. Mr. Clark also asked the Council to support any state legislation
that would lengthen the time with respect to evicting residents of mobile home
parks. He requested that the Council direct the Planning and Zoning Commission
to begin designing a process to systematically review all open zoning for residential
areas in the City of Columbia granted more than five years ago. Mr. Clark asked
for a public report on the status of the COLT clean-up and how the money is being
spent.
The meeting adjourned at 12:07 p.m.
Respectfully
submitted,
Penny
St. Romaine
City
Clerk
© 2024 City of Columbia