INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, June 4, 2001, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council Members JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON and LOVELESS 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 May 21, 2001, were approved
unanimously by voice vote on a motion made by Mr. Loveless and a second by Mayor
Hindman.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mayor Hindman noted that Report G would be added under Reports.
The agenda, as amended, including the Consent Agenda, was
approved unanimously by voice vote on a motion made by Mr. Hutton and a second
by Mr. Loveless.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B169-01 Annexation of land located on
the east side of Bearfield Road, south of Nifong Boulevard;
establishing
permanent O-P zoning.
The bill was read by the Clerk.
Mr. Beck commented that additional information had been received
today regarding this issue which had been tabled from the last meeting. Copies
of the letter were also given to the Council.
Mr. Dudark noted that staff reviewed the exhibit provided
by the applicant's attorney at the last meeting. He said there were three items
which the Council may wish to consider adding or amending. The first would be
to add the word "wet" in the phrasing about an extended detention basin outlined
in Section 5 (c). In Section 6, Mr. Dudark suggested there be a written agreement
between the City and the owner/developer, as well as any subsequent owner/developer,
giving the City enforcement rights to collect any costs to repair and maintain
the drainage infrastructure. He referred to Section 8 regarding the use of pesticides
on the lawns, he suggested the Council consider including the sentence: "Such
pesticide applications shall be given prior approval by the City on a case-by-case
basis." Mr. Dudark indicated that staff believes the permitted use issues discussed
at the last meeting to be resolved by the exhibit.
Mayor Hindman reopened the public hearing.
Craig VanMatre, an attorney with offices at 1103 E. Broadway,
spoke on behalf of the applicant. He handed out a revised ordinance which contained
minor changes from the previous one. Mr. VanMatre said this revised document
incorporates two of the three changes Mr. Dudark suggested for Sections 5 and
6. He had not included the pesticide suggestion because he strongly disagrees
with it. Mr. VanMatre noted this requirement is not imposed on anyone else in
the community.
Mr. VanMatre explained that his clients have negotiated with
the NBA for an additional 8.75, not to exceed 9, acres of land. This land will
be subject to a conservation easement in order to facilitate the sale and maintain
the 30% impervious requirement. If the Council adopts a storm water ordinance
in the future that allows more than 30%, as long as there are appropriate safeguards,
Mr. VanMatre reported NBA has indicated they would want their land back. He hoped
that condition could be made part of the deal.
Jim Davis, 9642 S. Route N, spoke at the last meeting about
impervious surfaces and their relationship to stream damage. He passed out an
article quoting more than 40 studies that identified a link between impervious
surfaces and damage to streams. He summarized the types of damage that can occur.
Dr. Davis said he did not support or oppose any given development, he only wanted
to make the point that there is a strong relationship between the two, and the
Council should take this into account when making their decision.
Mr. John agreed the data supported a correlation, but he pointed
out there is no hard and fast rule in any of the data that stipulates exactly
what the impervious surface level should be. He said every watershed is unique
in its own right, even within each watershed itself, and as such, the level of
impervious surfaces should be based on specific attributes. Dr. Davis agreed.
In particular, he related that soil type and ground slope are two very key variables.
Mr. Loveless asked what criteria is used to define an environmentally
sensitive area. Dr. Davis responded that several factors to consider include
steep slopes, endangered species, and riparian areas.
Joe Bindbeutel, 1701 E. Gans Road, again spoke on behalf of
the Bearfield Neighborhood Association. He asked that the issue be tabled to
resolve three basic issues. He thought the concept of trading the development
rights would set a precedent. He commented on the potential right to transfer
the additional 8.75 acres to some other portion of the watershed and how the
additional development pressure could compromise its integrity. Currently, he
thought it was in a pretty good spot. Mr. Bindbeutel stated residents would prefer
some modification of the unlimited right to move the 8+ acres anywhere within
that watershed. He questioned the definition of a conservation easement.
Mr. VanMatre commented that the applicant would not agree
to a continuance. He reiterated their proposal to treat, impound and purify the
water and slow it down before it leaves the site. He felt they should have the
opportunity to do that as long as it does not result in post-development runoff
being any worse than pre-development.
Regarding the conservation easement, Mr. Coffman asked whether
Mr. VanMatre had a model he was basing that on. Mr. VanMatre responded that he
and Mr. Beckett envisioned the conservation easement would prohibit, without
the consent of the City, any construction of impervious surfaces on the 8.75
acre tract.
Dean Anderson, 4001 Hyde Park, spoke about the importance
of preserving green space.
Larry Schuster, 3109 Hill Haven Lane, believed as the City
battles urban sprawl by requiring a 30% level, we would inadvertently be encouraging
such.
Mayor Hindman closed the public hearing.
Mayor Hindman made the motion that B169-01 be substituted
by that ordinance prepared by Mr. VanMatre with the exception of technical issues
that were omitted, and that Section 1-11.82 be changed to reflect the June 2001
extension of corporate limits instead of May 2001. The motion was seconded by
Mr. Janku.
Mayor Hindman asked if a requirement in regards to the use
of pesticides had been placed on Mr. Stohldrier's development. Mr. Dudark explained
that the Bearfield covenant prohibited pesticide use for every lot.
Mr. Coffman asked about the definition of a conservation easement
and what control the City would have regarding future transfers. Mr. Boeckmann
said the only thing staff could go by was Mr. Beckett's letter where it reserved
the right to substitute. He said if the Council grants this condition, that means
the transfer could occur at any location within the watershed. Based on the letter,
Mr. Coffman asked whether Mr. Boeckmann thought the City would have the ability
to approve such a transfer. Mayor Hindman said he did not think so. He believed
the land could be outside the City and still be in the watershed. Mr. Coffman
asked if there would be a problem defining it. Mr. Boeckmann was sure something
could be worked out. He said there is a definition in the subdivision code for
greenbelt conservation easement. The basic concept being is that nothing can
be built on it. He thought the City would be getting something from the applicant
that we would be hard-pressed to demand.
Mr. Loveless asked what type of pesticide imposition was placed
on the Stohldrier property across the street. Mr. Dudark reported the use of
pesticides is prohibited as part of the restrictive covenant. Mr. Loveless said
he would not be inclined to favor a pesticide restriction on this development.
Mr. Hutton asked if the Council supported Section 8 of the
ordinance where it refers to limitations on pesticide use upon the completion
of the improvements being restricted to that applied by a professional pesticide
application firm. There was affirmative agreement.
The motion to amend B169-01, made by Mayor Hindman and seconded
by Mr. Janku, was approved unanimously by voice vote.
Mr. Coffman made the motion that B169-01, as amended, be tabled
to the next meeting for the purpose of receiving public input regarding the conservation
easement. The motion died for the lack of a second.
Mr. Janku noted that the debate again this evening points
to the fact that the City needs a comprehensive storm water policy. He wanted
to move away from the site by site design. Mr. Janku said there is a public benefit
to protect the watershed in Rock Bridge State Park and Gans Creek, and that the
Council should consider having the public pay that cost. He noted that is one
reason a storm water plan was adopted years ago when it was anticipated that
regional detention basins would be developed.
Mr. John agreed that the City needed to work on a regional
detention system instead of spending money in the storm water utility fund on
flooding in the central city.
Mayor Hindman believed this is a progressive step forward
and the applicant had dealt with the issues in a very good way. He suggested
they move ahead.
B169-01, as amended, was read with the vote recorded as follows:
VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B170-01 Rezoning property located on
the southeast corner of Nifong Boulevard and Bearfield Road from
A-1
to O-P.
The bill was read by the Clerk.
Mr. Beck commented that this is the companion to the one that
was just passed.
Mr. Janku made the motion that B170-01 be amended per the
substitute bill by Mr. VanMatre. The motion was seconded by Mr. Loveless.
Mayor Hindman opened the public hearing.
Mr. VanMatre, an attorney with offices at 1103 E. Broadway,
said his comments would be the same as the last time.
Joe Bindbeutel, 1701 E. Gans Road, speaking on behalf of the
Bearfield Neighborhood Association, restated his comments from the previous public
hearing.
Mayor Hindman closed the public hearing.
The motion to amend B170-01, made by Mr. Janku and seconded
by Mr. Loveless, was approved unanimously by voice vote.
Mr. Hutton questioned Section 3 which permitted impervious
structures. It read that, "the ratio of impervious structures to the total square
footage of the above described shall not exceed 40% by surface area." Mr. John
explained that was within the 23 acres, the 8.75 acres are on a different parcel.
Mr. VanMatre remarked that the defined term "property" is the 23 acres. He said
it is the intent that the number relates to the 40% of the 23 acres, and when
adding in the 8.75 acre conservation easement, they would be down to 30% overall.
B170-01, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON,
LOVELESS. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B184-01 Authorizing construction of
water main along Wilson Avenue from College Avenue east beyond Lee
Street.
The bill was given second reading by the Clerk.
Mr. Beck explained that this project would replace an existing
four-inch water main with an eight-inch water main along Wilson Avenue. The estimated
project cost is $15,600 to be paid from Water and Light funds.
Mayor Hindman opened the public hearing.
There being no comment, Mayor Hindman closed the public hearing.
B184-01 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B186-01 Rezoning property located on
the northeast corner of North Garth Avenue and Sexton Road from
R-2
and R-3 to PUD-30.
The bill was given second reading by the Clerk.
Mr. Beck noted that this rezoning would allow for the density
of 30 units per acre. He stated both staff and the Planning and Zoning Commission
recommended denial of the request. He said they were not opposed to the church,
but did not feel the area would be appropriately zoned at PUD-30.
Mayor Hindman opened the public hearing.
Dana Battison, 7200 E. Highway WW, Treasurer of Grace Covenant
Church, displayed their plan on the overhead. She explained that the parking
would be cooperative use pairing with Ridgeway School. Ms. Battison reported
plans call for a sanctuary, a family activity center, and an outdoor volleyball
and basketball area. She asked the Council to consider the unique needs of this
area. Ms. Battison explained that plans also call for a walking trail through
the property to engage residents with the young people. She remarked that the
youth activity center would offer mentoring and after school programs.
Regarding the letter of intent and the uses listed, Mr. John
noted that it refers to the possible construction of a gymnasium and an expansion
of the sanctuary for offices and fellowship. He asked about the square footage
of these facilities. Ms. Battison responded that the plan shows the maximum area
the sanctuary and family activity center would be. If in 10 years they can afford
to construct a gymnasium, she indicated it would be over the area shown as the
outdoor basketball and volleyball area. She said it would not be creating any
more impervious space. Mr. John thought this information should be included in
the letter of intent so the Church would not need to come back with a modification
of their plan. Ms. Battison said the square footage outlined in the letter of
intent contains the maximum needed for both the expanded sanctuary and the family
activity center. She said they would be agreeable to add the gymnasium to the
letter of intent by including that square footage as well.
Linda Dyer, 2723 Pine Drive, explained that the Grace Covenant
Church has a statement certifying that the funds needed to meet their obligation
are available. She said they also have the letter of intent signed by Mr. McNabb
registering their proposed use. In reference to the dissolution clause, Ms. Dyer
explained that it stipulates that all of their assets must be disposed of to
a not-for-profit organization for educational, scientific, or religious use.
In the unlikely event the University or another church inherited the land and
then possibly found some way to sell it to developers, she said the City would
still have control in the protection of the PUD. At the Ridgeway neighborhood
meeting in April, Ms. Dyer noted that several residents wanted the Church to
place a restrictive covenant on the land. She said they are willing to do that.
She passed out a sample of what they would file with the Recorder of Deeds after
closing.
Larry Schuster, 3109 Hill Haven Lane, explained that he has
a business at 1101 Grand Avenue as well as several rental properties in the neighborhood.
He remarked that he and his wife purchased the business on Grand Avenue 17 years
ago. Mr. Schuster described the condition of the area at that time and how much
it has changed since then. He said they have worked very hard over the years
to clean-up the area and be good corporate neighbors. He commented on the level
of crime in the area and noted that most of the perpetrators are kids under the
age of 12. Mr. Schuster believed the major problems in the neighborhood (identified
through participation with the police department and community surveys) is unattended
youth. He asked the council to support the church and its efforts because they
are getting at the crux of what the neighborhood deals with - unattended children.
Karen Cupp, 117 Fourth Avenue, indicated that she was vice-president
of the Ridgeway Neighborhood Association from April of last year to April of
this year. In her many conversations with her neighbors, they have expressed
opposition to more housing. What the area is in need of is activities and programs
for families within walking distance of the neighborhood. She believed that the
vandalism, crime and drug use is a result of kids with too much time on their
hands. Ms. Cupp noted that the households represented by the four officers of
the Ridgeway Neighborhood Association have no children and are insensitive to
the needs of their neighbors who they refer to as riffraff. Instead of understanding
that Grace Covenant would help many of their neighbors in addressing their most
pressing social issues, the Association opposes this rezoning request because
they fear a church might attract more needy people to the area. Ms. Cupp reported
that one of the Ridgeway Neighborhood officers approached David Thayer about
gaining site control of the property at Garth and Sexton. As a result of this,
an architect prepared plans for a 54-unit upscale complex. Ms. Cupp thought the
truth to be that if this rezoning request is denied and the church is unable
to secure the property, the Ridgeway officers will return with a request for
PUD-17. Such a plan would deny Ridgeway School a much needed parking lot, increase
the student load at Parkade School, increase traffic and parking problems in
the area, and create an opportunity for 54, Section 8 rentals in five years when
the owner occupancy requirement expires. Ms. Cupp commented that Mr. McNabb and
the church have been aboveboard with the neighborhood association and the neighbors.
She added that Grace Covenant is already actively participating in the neighborhood
in many positive ways.
John Cupp, 117 Fourth Avenue, past treasurer of the Ridgeway
Neighborhood Association, said residents were contacted by Pastor Dyer last year
in regards to the Church's interest in helping the neighborhood. He said members
from the Church assisted with the neighborhood clean-up day, at which time the
Pastor noticed the tract in question. Mr. Cupp and his wife visited the church
and found the members willing to help people improve the neighborhood. He and
his wife are now members of Grace Covenant Church. Mr. Cupp explained that Grace
Covenant's programs would offer after-school and evening activities for the youth
in the neighborhood.
Art Dyer, 2723 Pine Drive, Pastor of Grace Covenant Church,
pointed out that two years ago the people of Columbia said they did not want
housing on the McNabb property. He said the Church's plan would satisfy what
residents of this neighborhood said they wanted two years ago -- no more housing.
Pastor Dyer believed their plan to be a win/win in seven ways. They believe the
people in the neighborhood win by keeping more housing out and bringing the church
in; the children win by establishing a family activity center; Ridgeway School
will win by gaining much needed off-street parking and perhaps working together
on other cooperative projects in the future; the environment would win with a
plan that maintains a park-like setting and does not overtax the existing infrastructure;
the church wins by having a home from which they can make a real difference in
the lives of people; the City wins with a PUD project that is very similar to
the neighborhood common of the Metro 2020 Plan; and finally, Tom McNabb would
win because he could walk away from the property and concentrate on other ventures.
Mayor Hindman asked if the plans call for building a church
and then later a recreation facility. Pastor Dyer replied the project being proposed
is the construction of a church and a family activity center. The activity center
would hold after-school activities for youth. He said they plan to offer a place
where families can gather in the evenings for meetings and educational programs.
Mr. Dyer indicated this would not be a gymnasium, but there might be table games
and things of that nature. Regarding the use of the activity center, Mayor Hindman
asked if it would generally be open to any resident of the neighborhood, or whether
one would have to be a member of a church. Pastor Dyer verified it would be open
to anybody in the neighborhood and would not be tied to church affiliation or
attendance.
JoAnn Rainey, 21 Fourth Avenue, a member of the Ridgeway Neighborhood
Association, spoke in opposition to the up-zoning, not the church. She felt the
church could proceed with its vision under the current zoning.
Mayor Hindman asked Ms. Rainey how she would feel if there
were enforceable covenants that would down-zone this property to PUD-17 if the
project fell through. Ms. Rainey felt PUD-17 was still rather high. She would
be in favor of a PUD-9.
Pat Kelly, 1007 Grand Avenue, President of the Ridgeway Neighborhood
Association, said there are 20 vacant lots in this neighborhood. She verified
that she spoke to David Thayer and he supported some type of housing project,
but he needed site control. In order to obtain this he would have to have a plan
to show his bankers and his board. Ms. Kelly reported that is where the plan
comes from, not from secret meetings or her trying to decide what is best for
the neighborhood. She asked the Council to consider this as a zoning issue, and
not base a decision on the needs of the neighborhood. Ms. Kelly said she was
not opposed to the church's plan, only the up-zoning.
Vernon Forbes, 1007 Grand Avenue, spoke in opposition of the
up-zoning.
Bob Kunkler, 4403 Glen Eagle, explained that he owns rental
property in the area. He spoke in favor of the proposal saying that it seems
to address many issues of the neighborhood.
Wanda Leach, 106 E. Forest, Secretary of the Ridgeway Neighborhood
Association, spoke in opposition to the rezoning request.
Shannon Bossaller, 14 Fourth Avenue, explained that he and
his wife own the property next to the subject tract and they have lived there
for nine years. He believed the PUD-30 and its allowed uses to be inappropriate
for the property. Mr. Bossaller was not questioning the good intentions of the
church or its members.
Ms. Crayton commented that she did not want to see another
housing complex in this neighborhood.
Rebecca Schedler, 120 Benton, explained that she lives in
the Ridgeway neighborhood, but is President of Smithton Valley Neighborhood Association.
Although she is opposed to the up-zoning, Ms. Schedler remarked that she wholeheartedly
supports the church and their plan.
Waldo Palmer, 414 Alexander, said the only reason for this
up-zoning involves a tax break for the property owner. He was not opposed to
the church.
John Clark, 403 N. Ninth, indicated that he does not live
in the Ridgeway neighborhood, but he is a supporter of the neighborhood. He asked
the Council to continue to support the Ridgeway Neighborhood Association and
the neighborhood it works with. He said the Association is what is having a positive
affect on crime and on the park.
Lisa Nauman, 20 E. Forest, explained that she is a co-founder
of the Ridgeway Neighborhood Association and former officer. She gave Mr. McNabb
credit for maintaining the property. She said he has kept it mowed and has planted
trees and perhaps that is why he feels he is entitled to a little more money
for the property. Ms. Nauman spoke about the dilapidated homes he removed and
the sewer improvements he had to make.
Mayor Hindman closed the public hearing.
Ms. Crayton did not agree with the statements about the property
owner using the church as an excuse to up-zone the tract. She wondered if the
neighborhood would rather work with the present owner or with the church. Ms.
Crayton commented that it would not do any good to have a PUD-30 if residents
could not come outside because of crime. She asked if a covenant could be put
in place ruling out the possibility of a high rise building.
Mr. Boeckmann explained that covenants normally encumber certain
land and if all of the owners of the encumbered land agree to change it, then
this can be done. He said it is not under City control, this is a private relationship
between the owners of the property. He said to place a covenant on this particular
piece of property would not work because whoever owns the property could put
it on and take if off.
Mr. John explained that only a church would be allowed to
be built on the property if it is zoned PUD-30. He said the owner would have
to come back with a rezoning request if they even want one house on the property
because there are none allowed in this ordinance. Mr. Boeckmann added that before
anything can be built, the applicant would need to go through the site plan process.
Mr. John said there is a statement of intent that spells out what is being approved.
Mayor Hindman disagreed. Mr. Boeckmann remarked that if the Council thinks what
they are doing tonight by passing the ordinance is stipulating the only use that
could be made of the property is a church, they would be down-zoning the property
and the value would be less than what it is now. He said the Council actually
would be doing the owner a favor by defeating the rezoning request under that
analysis.
Ms. Crayton commented that she wanted to help the neighborhood
and the church at the same time while not having a huge building on the property.
Mr. Janku stated that even though he believed the church's
goal to be admirable, he had problems with the process. Because there are questions
about the enforceability of the covenants and the impact of the statement of
intent and the PUD-30, he suggested tabling the issue until these questions could
be answered.
Mr. Janku made the motion that B186-01 be tabled to the June
18, 2001, meeting.
Mr. Loveless asked if the end in this case justifies the means.
He was not comfortable with the means, but liked the end. If a letter of intent
attached to a PUD is binding enough that should the Council find itself faced
with a forfeiture of the church, that they feel comfortable there will not be
a high density dwelling unit constructed on the property, Mr. Loveless said he
could live with the means to achieve the end. He said the end is good and something
the neighborhood desires and supports.
Mr. Boeckmann said the Council is making a thorough record
that in rezoning this property, they want to be absolutely sure that the owner
cannot possibly use it for PUD-30 -- which is what Mr. McNabb needs for his values.
Mr. Beck asked how the Council felt about the staff recommendation
of PUD-17. Mr. Loveless pointed out that the sales contract between the owner
and the church is contingent upon the property being up-zoned to PUD-30.
Mayor Hindman understood the neighborhood would be happier
with PUD-17.
Mr. Coffman said he would be willing to support the proposal
because he thought the church could be a stabilizing influence for the neighborhood.
The motion to table B186-01, made by Mr. Janku, died for the
lack of a second.
Mr. Janku did not support the rezoning. He was concerned about
setting a precedent. Mr. Janku did not believe PUD-30 was the appropriate zoning
for the property because of the density. He also disagreed with the process.
Mr. Hutton said he would very much like to see the church
develop the property and succeed, but he agreed with Mr. Janku in that it is
just not the way to go. He did not think the zoning was appropriate for the property.
Mayor Hindman said the property owner has been accused of
getting a higher price for the property and he did not think that was happening.
He said if this rezoning is approved and the IRS were to recognize the PUD-30,
then Mr. McNabb would be able to sell the property to the church, in fact, for
a lower price. The seller would still be able to come out as though he had sold
it to an independent buyer and the church would be getting the property at a
lower price. Mayor Hindman believed that is why the church is interested in it.
Mr. John suggested that perhaps the church is being allowed
to use the seller -- Mr. McNabb's ability to obtain a potential tax advantage,
so they can get a piece of ground cheaply. In his reading of the zoning ordinance,
Mr. John said what the Council would be approving is a PUD that allows no houses,
no dwellings at all of any type, only a church. He said that is what the Council
is voting on.
Mr. John made the motion that B186-01 be amended per the amendment
sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice
vote.
B186-01, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, LOVELESS. VOTING
NO: JANKU, HUTTON. Bill declared enacted, reading as follows:
B187-01 Rezoning property located 150
feet north of Business Loop 70 East and 100 feet east of Poplar Street
from
R-3 to C-3.
The bill was given second reading by the Clerk.
Mr. Dudark noted the property is 2/10ths of an acre and the
tract is pretty much surrounded by business uses. He stated the area is transitioning
from residential to commercial. Both staff and the Planning and Zoning Commission
recommended approval of the rezoning request.
Mayor Hindman opened the public hearing.
Doug Schall, an attorney with offices at 11 N. 7th Street,
noted that the requested zoning change is much more compatible with the existing
use and development of the surrounding area.
Mayor Hindman closed the public hearing.
B187-01 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B188-01 Rezoning property located at
1402 Lakeview Avenue from R-3 to C-3.
The bill was given second reading by the Clerk.
Mr. Beck explained that the request for rezoning on this property
was also recommended for approval by the Commission.
Mayor Hindman opened the public hearing.
Lee Stidham, owner of Lee's Tire company, reported he is also
owner of the tract in question. He explained that he bought the property because
it is immediately adjacent to his business. Mr. Stidham noted a dilapidated house
on the property which will be torn down.
Mayor Hindman closed the public hearing.
B188-01 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B194-01 Approving the transfer of a
cable television franchise from TCI Cablevision of Missouri, Inc.,
providing
service as AT&T Broadband, to MCC Missouri, L.L.C., a subsidiary of Mediacom
Communications
Corporation.
The bill was given second reading by the Clerk.
Mr. Coffman, Chair of the Cable Committee, explained that
the group met on a couple of occasions with different representatives from Mediacom.
A preliminary issue which he believed should be addressed was whether this entity
is qualified to do business in the State of Missouri. He understood they are
in the process of creating a subsidiary to do that. Mr. Coffman reviewed the
issues raised by the committee which included what commitments Mediacom would
make to continue to offer technical upgrades and services in their service territory.
He noted this was addressed by Mediacom via a general statement in a letter dated
May 29, 2001. The statement indicated they have a track record of upgrading their
system and that they believe Columbia is a prime area, however, they did not
make a binding commitment about specific upgrades. The other issue involves new
development and at what point Mediacom will provide cable to new subdivisions.
Mr. Coffman commented the Committee had a fairly positive discussion on that
issue.
In regards to customer service standards, Mr. Coffman stated
this is an element the Council has insisted upon being the subject of quarterly
reporting with the last two transfers they approved. He said this condition was
not stipulated in the ordinance when AT&T assumed the franchise from TCI,
but it was made part of the ordinance when Charter Communications took over from
Capital Cable. He said both companies have provided reports on a fairly regular
basis. Mr. Coffman was of the opinion that AT&T's customer service has been
outstanding. However, he noted that Mediacom has agreed to voluntarily provide
quarterly reporting, but do not agree to make it a condition of the transfer.
Mr. Coffman stated another issue the Committee explored and
discussed in depth involved weather-related facilities. Again, Mediacom has not
made any commitment in that regard. Mr. Coffman reported the Committee has not
made a recommendation on the transfer, one way or the other. He asked Mr. Boeckmann
to address the questions about the legal entity.
Mr. Boeckmann stated that the initial letter received from
AT&T was a request to transfer the franchise to Mediacom Communications Corporation,
a Delaware Corporation. During the course of discussions, Mediacom informed the
City that the actual holder of the franchise was to be MCC Missouri, a limited
liability company. Mr. Boeckmann pointed out that neither entity is presently
qualified to do business in Missouri. He was told by Mr. Fisher (representative
from Mediacom) that later this week they are going to file with the Missouri
Secretary of State for qualifications. In previous conversations with the Secretary
of State's Office, Mr. Boeckmann was told it takes normally five to ten days
to process a request. The request itself is a one page application.
Under federal law, Mr. Boeckmann explained that the Council
has 120 days after receiving the request to take action on it. If that does not
happen, the request is automatically approved. He stated that there will be one
more Council meeting before the 120 day limitation expires. Mr. Boeckmann reported
that Mediacom requested that the transfer be approved tonight. He noted that
Mediacom is willing to condition the approval on them obtaining the necessary
qualification to do business in Missouri prior to closing with AT&T. He said
the closing could occur in the later part of June, but could drag into July.
Mayor Hindman opened the public hearing.
Bill Fisher, stated is the General Manager for the Missouri,
Kansas, and Oklahoma Mediacom Systems. He reiterated their intent to be a good
corporate citizen to Columbia, just as AT&T has been. Mr. Fisher indicated
his company is prepared to accept a condition on the final agreement this evening
relating to the registering of the legal entity in the State of Missouri. He
didn't expect for that to take more than a few days. Mr. Fisher stated it is
their intention to have it complete at the time of closing. He verified the information
contained within his letter of May 29th regarding Mediacom's intention to continue
to provide customer service reports on a voluntary basis.
Mr. Coffman asked whether the Mediacom companies in each state
have to file the same information (customer service standards) with the FCC.
Mr. Fisher stated telephone standards are filed. Mr. Coffman asked if this was
public information. Mr. Fisher said he could get this information for him.
Mayor Hindman asked who would be billing for the cable service.
Mr. Fisher responded that Mediacom would issue the bills, but the registered
entity in the State of Missouri will be MCC Missouri, L.L.C. Mayor Hindman questioned
why the company insists on voluntary reporting instead of agreeing to this stipulation
as part of the franchise transfer. Mr. Fisher said it was voluntary because it
is not a franchise requirement. He remarked that Mediacom takes their customer
service standards very seriously and are prepared to issue reports on a quarterly
basis just as they have been.
Previous to AT&T's ownership, Mr. John noted there was
a period of time when as new subdivisions were built, the franchisee was not
co-locating the cable at the same time as the electrical and phone lines were
run. This meant the trench had to be dug up again when they were ready to lay
television cable. He thought that was rather expensive and wasteful. Mr. John
asked what that policy would be with Mediacom. Mr. Fisher said in any municipality
Mediacom serves they ask to be given enough advance notice to go out and look
at the area in question because they do follow density and footage requirements.
As new subdivisions are built, they look for guidance from the local system to
submit to their regional office for approval. Mr. Fisher stated that they facilitate
that as quickly as possible so they can save money.
Mr. Coffman asked Mr. Fisher how Mediacom figures their standard.
In the franchises they negotiate, Mr. Fisher said they look at anything over
400 feet as beyond the area they want to run a drop to. After that point, it
would mean degradation of the cable signal. Usually, they use the standard of
25 homes to the mile. Mr. Coffman asked if that was what AT&T had been using.
Mr. Boeckmann noted a provision in Chapter 10 that covers that. Mr. Fisher indicated
that Mediacom will honor what is in the franchise agreement. Mr. Coffman questioned
if there were cases where Mediacom would go beyond that point. Mr. Fisher responded
they would look at every build out and would not discount anything until they
can put a cost to it.
Mr. Janku understood that Mediacom had signed their contract
with Excite@Home. Mr. Fisher said Mediacom is currently in the process of transitioning
over to Excite@Home. He remarked they have been with a different Internet provider
in their systems, and they are presently in the conversion process. Mr. Janku
asked if they anticipate the people that have the @Home Service through AT&T
being able to continue with it. Mr. Fisher replied they would be able to continue
with it.
Mr. Coffman questioned whether Mediacom provides access to
cable Internet in other communities. Mr. Fisher replied that they do. Mr. Coffman
asked how that price structure compares with what @Home charges. Mr. Fisher commented
that since Mediacom is still going through the transition process in Missouri,
they do not have the pricing structure as yet. He was hopeful they would have
that within the next 30 days. He said their previous provider was pretty much
in the same range as what AT&T is right now. Mr. Fisher assumed @Home would
be the same.
Mr. Coffman asked Mr. Fisher if he would object to the Council
approving the transfer with the condition that quarterly reports be provided
as part of the ordinance. Mr. Fisher said he could not commit to that. He reiterated
his previous public statement that Mediacom is prepared to continue with the
quarterly reports.
Gary Baugh, General Manager of AT&T Broadband in Columbia,
spoke in support of the transfer. Although he said it is true that MCC Missouri,
L.L.C. is not a legal entity in Missouri tonight, upon closing it will be.
William Woodward, 200A Unity, questioned AT&T's advertised
special offers for cable service at an introductory rate and whether these would
be honored by the new company. Mr. Baugh responded any written offer will be
honored by Mediacom.
Mayor Hindman closed the public hearing.
There was a discussion about amending the ordinance to make
the transfer conditional upon Mediacom becoming a registered entity.
Mr. Boeckmann suggested amending Section 7 by stipulating
that the approval of the franchise transfer to MCC Missouri, L.L.C. and the consent
to the assignment of agreements are subject to the condition that MCC Missouri,
L.L.C. become qualified to do business in Missouri by the time of closing referred
to in Section 5.
Mr. Loveless made the motion to amend B194-01 per Mr. Boeckmann's
suggestion. The motion was seconded by Mr. Janku and approved unanimously by
voice vote.
B194-01, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JOHN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: COFFMAN. Bill declared enacted, reading as follows:
(A) Voluntary annexation of property
located at 3220 South Old Ridge Road.
The item was read by the Clerk.
Mr. Beck explained that this is a one lot subdivision in the
Country Woods Subdivision consisting of about 2.7 acres. The property is adjacent
to the Hinkson Creek where City sewer runs alongside the creek.
In terms of future sewer development in the area, Mr. Janku
asked if there would be an ability for other homes to connect to this line even
though they are not immediately adjacent to it. Mr. Patterson responded that
they have the ability to do that now, but it would require some extension of
lines. He stated the only requirement would be the annexation policy. Because
it would be above the 80-acre point, a sewer district would have to be formed
and it would be the property owner's expense to connect to it.
Mr. John understood in this case it involves a lateral coming
down from one lot to the trunk line. Mr. Patterson said that was correct.
Mr. Hutton asked if the entire subdivision is served by a
private treatment facility. Mr. Patterson understood it was on-site facilities
(septic tanks).
Mr. Janku was concerned about these people coming forward
one by one. He wondered if it would be difficult to establish a sewer district
under that scenario. Mr. Patterson agreed that is a potential problem with piecemeal
annexation. He indicated the best solution would be to have a voter approved
annexation so the entire area could be brought in at one time. Currently, residents
have not expressed a strong desire for annexation.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
OLD BUSINESS
B181-01 Amending Chapter 14 of the code
to reduce the speed limit on Route PP from US 63 Connector to
785
feet west of Hanover Boulevard.
The bill was given second reading by the Clerk.
Mr. Beck explained that the Missouri Department of Transportation
studied this area and recommends that the speed limit be reduced from 45 to 35
mph on this five lane section of roadway.
B181-01 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B191-01 Vacating Virginia Avenue between
Rollins Street and Hospital Drive.
The bill was given second reading by the Clerk.
Mr. Beck explained that the University requested this vacation
in order to make it part of their jurisdiction to maintain. He reported the University
plans to build a new parking garage along the west side of the street to be vacated.
He noted the University will be replatting the area.
B191-01 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B192-01 Approving the final plat of
Virginia field Subdivision - a replat of part of Fairgrounds Addition;
granting
a variance to the subdivision regulations regarding street right-of-way.
The bill was given second reading by the Clerk.
Mr. Beck explained that this ordinance is related to the vacation
that was just approved. This tract consists of approximately 20.8 acres. The
staff as well as the Planning and Zoning Commission recommended approval of the
request.
B192-01 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B193-01 Approving the final plat of
Centerstate Plat 1.
The bill was given second reading by the Clerk.
Mr. Beck noted that this 101 acre tract is located on both
sides of US 63, south of Mexico Gravel Road where the US 63/Vandiver interchange
is being planned. The plat includes the street right-of-way which will be dedicated
in conjunction with the proposed interchange. The property is zoned M-1.
Mr. Patterson noted that the report to the Council indicated
the plans had not yet been approved by Public Works at the time of the report.
He said staff has been reviewing the plans with the developer and his engineer
and it was believed that they are in an approvable form.
Mr. Janku asked when the greenbelt would be dedicated. Mr.
Dudark said they expect that to come back when the plat for the lots that would
be affected by it come in. He indicated they will have a C-P plan and a final
plat for that area at the same time. Mr. Janku asked about the parkway -- he
understood Mexico Gravel Road is proposed to be connected next year. Mr. Patterson
thought that would occur in 2003.
Mayor Hindman asked about sidewalks. Mr. Shy explained the
reason there are no sidewalks on the bridge is because the ramps are on the north
side and a walk on that side would raise safety issues. A walk is planned on
the south side, but there is a traffic study that has to be done for Phase II
before any development can occur on the east side of 63. Mr. Shy reported the
sidewalk on the south side of the bridge is presently in the plan for Phase II.
Mr. Janku asked how wide the bridge would be. Mr. Shy replied
that it will be three lanes with left turn capabilities. It will eventually be
six lanes.
B193-01 was given third reading with the vote recorded as
follows: VOTING YES: JOHN, COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS.
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.
B179-01 Confirming the contract of
Sierra Bravo, Inc. for the upgrade of the north Runway 2-20 safety area
at
Columbia Regional Airport.
B180-01 Calling for bids for the American
Legion Post 202 sanitary sewer.
B182-01 Confirming the contract of J.C.
Industries, Inc. for construction of an engine/generator building at
Columbia
Regional Airport; advancing designated loan funds.
B183-01 Accepting conveyances for utility
purposes.
B185-01 Appropriating funds for COLT
Railroad car hire charges.
B189-01 Vacating a portion of a sewer
easement located within Prairie Hills Subdivision; accepting an
easement
for utility purposes.
B190-01 Vacating an alley located within
the proposed Virginia Field Subdivision.
R109-01 Setting a public hearing: water
main upgrade along Oak View Drive.
R110-01 Setting a public hearing: utilization
of Federal Transit Administration grant funds.
R111-01 Authorizing an agreement with
the University of Missouri to allow use of University property for
the
Fourth of July Celebration.
R112-01 Authorizing a contract with
Horizon Research Services to provide evaluation of City-funded social
services.
R113-01 Authorizing an agreement with
the Missouri Department of Health for Summer Food Service
Inspection
Program.
R114-01 Authorizing an adopt-a-spot
agreement with Vonderahe's Select Equipment Repair.
R115-01 Authorizing a lease with the
Federal Aviation Administration in regard to the construction of the
engine/generator
building at the Airport.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: JOHN, COFFMAN, HINDMAN,
CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Bills declared enacted
and resolutions declared adopted, reading as follows:
NEW BUSINESS
R116-01 Authorizing an agreement assigning
Comprehensive Human Services, Inc.'s interest in a social
service
contract with the City to Boys Town of Missouri, Inc.
The resolution was read by the Clerk.
Mr. Beck explained that last April, Comprehensive Human Services,
Inc. transferred the Front Door Program to the Boys and Girls Town of Missouri.
The agreement authorizes the use of City funds for the new agency.
Keith Hardin, 5326 Godas Circle, the Director of Boys and
Girls Town of Missouri, explained their mission to be the improvement of the
lives of children with emotional and behavioral problems through superior family-focused
services. He explained that the organization was founded in 1949 by a group of
World War II veterans who wanted to help troubled children in the St. Louis area.
The children they work with range in age from 6 to 17. The girl's house is currently
at capacity, but the boy's facility, which just opened this week, can hold up
to 18. Mr. Hardin summarized the different disorders they work with and the qualifications
of the staff. He passed out packets containing detailed information on the program.
Mr. Steinhaus noted that this agency has assured him they
will run approximately 90% or better with Boone County kids, whereas previously
Comprehensive Human Services was serving about 35% from Boone County.
The vote on R116-01 was recorded as follows: VOTING YES: JOHN,
COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R117-01 Authorizing the City Manager
to apply to Boone County for a grant to apply toward improvements to
Blue
Ridge Road and Garth Avenue.
The resolution was read by the Clerk.
Mr. Patterson explained that staff received notice in April
of the annual request for applications for Boone County Revenue Sharing money.
In continuing the City's efforts to develop cooperative projects with the County,
staff proposes to request funding for two road improvement projects. The funding
requested for the Blue Ridge Road project amounts to $182,000, and $206,000 will
be sought for the Garth Avenue Bridge and Garth Avenue from Bear Creek south
project. If the City is successful in obtaining any funding for these projects,
Mr. Patterson reported that would allow the reprogramming of money currently
dedicated to these projects for activities that would be more urban in nature
and less eligible for County funding.
Mr. Janku said both projects are very much needed and he was
appreciative staff is trying to move them forward.
The vote on R117-01 was recorded as follows: VOTING YES: JOHN,
COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B195-01 Authorizing water main upgrade
along Oak View Drive.
B196-01 Accepting easements for water
purposes.
B197-01 Approving the final plat of
Grasslands Subdivision, Plat 16 - a replat of Lot 1 and part of Lot 26 of
Block
5 Grasslands Addition.
B198-01 Approving the final plat of
Stonecrest, Plat 2; authorizing a performance contract.
B199-01 Voluntary annexation of property
located at 3220 South Old Ridge Road.
B200-01 Confirming the contract of Meyer
Electric Co., Inc. for the traffic signal modifications at the
intersection
of State Route 763 and Smiley Lane.
REPORTS AND PETITIONS
(A) Street closure requests.
Mr. Hutton made the motion that the requests be approved as
written. The motion was seconded by Mr. John and approved unanimously by voice
vote.
(B) Intra-departmental transfer of
funds.
Report accepted.
(C) Potential sanitary sewer district
in the Old Plank Road Subdivision.
Mr. Beck explained that six lots being served by a single
cell lagoon were recently annexed into the City. He stated the lagoon does not
meet state approval. If the Council wishes to proceed with a detailed study as
it relates to setting up a sewer district and preparing plans, a motion would
be in order. Mr. Beck noted that a petition had been received from the property
owners requesting the establishment of a sewer district.
Mr. Hutton made the motion that staff be directed to proceed
with plans. The motion was seconded by Mr. Loveless and approved unanimously
by voice vote.
(D) Merideth Branch storm water detention
basin.
Mr. Beck commented that this would be a fairly large project
in southwest Columbia, involving close to $250,000, for a storm water detention
system.
Mr. Patterson pointed out that the City has been spending
practically all of the funds received from the storm water utility to correct
problems in the City. This is one of the first efforts to be pro-active in attempting
to prevent problems with a regional facility. Mr. Patterson reported this is
one of the five specifically identified by Burns & McDonnell in the 1998
report.
Mr. Hutton said this is a perfect example demonstrating the
City's lack of a mechanism to get money out of developers for creating problems.
He realized that we do in the sense of the storm water tax issue. Mr. Hutton
asked if this project is necessary because of development. Mr. Patterson replied
more or less. He said in years past there has been flooding downstream in the
Georgetown Subdivision. With the new upstream development, it certainly has increased
the problem. In that sense, the City is trying to be pro-active in order to alleviate
potential problems downstream. Mr. Hutton noted that the worst of the flooding
occurs on property that actually is in the county. Mr. Patterson acknowledged
that was correct. Mr. Beck believed that some of those streets were probably
built in the flood plain. He remarked that this project would be paid for from
the storm water utility fund which is collected from everyone, including developers.
Mr. Patterson indicated staff will work with development in
the area to assure that we are able to accommodate the facility. He said both
sides of the property have been very cooperative with the City in trying to work
on it.
Mr. Loveless asked if easements have been obtained from Mr.
Overton yet. Mr. Patterson responded not all that will be needed have been received,
but the platting took care of preserving some of them. He stated some property
will have to be acquired.
Mr. Janku asked if there could be some sort of path or trail
between Gillespie Bridge up to Chapel Hill. Mr. Patterson said he was not sure
how that would be done, but his staff could discuss it with Parks and Recreation.
Mr. John asked how much a developer, when building a 2,000
square foot home, pays for storm water. Mr. Patterson believed that amount was
nine cents per square foot. Mr. John's point was that developers have been paying
into this fund for the last eight or so years. He pointed out that every home,
including those within this project area, are assessed a monthly storm water
fee. Mr. Patterson approximated that monthly fee to be $1.16.
Mr. Hutton asked how much the County pays towards storm water.
Mr. Patterson responded that we get their everlasting goodwill.
Mr. John made the motion that the staff be directed to proceed.
The motion was seconded by Mr. Janku and approved unanimously by voice vote.
(E) Request by owners of property within
the East Campus and Benton Stephens neighborhoods to rezone 13
parcels from
R-2 and R-3 to R1 and R-2.
Mr. Beck explained that these requests can be made once a
year and the City will pay the advertising costs.
Mr. Coffman made the motion that the staff be directed to
begin the process. The motion was seconded by Mr. Hutton and approved unanimously
by voice vote.
(F) Request by Fort Wayne Sister Cities,
Inc. to explore Sister City relationship with Sibiu, Romania.
Mr. Beck explained that Fort Wayne, Indiana is interested
in exploring a Sister City relationship with Sibiu, Romania. He reported that
Sister Cities International requires that all involved cities enter into a cooperative
agreement. As the City of Columbia is the primary Sister City with Sibiu, we
would have to sign the agreement before Fort Wayne could proceed with their plans
to partner with them. Mr. Beck noted we have not been active with this city and
we may want to terminate our agreement with Sibiu altogether.
Mr. Janku made the motion that we allow Fort Wayne to explore
a potential relationship with our Sister City Sibiu, Romania. The motion was
seconded by Ms. Crayton and approved unanimously by voice vote.
(G) Police Department Study.
Earlier this evening, Mr. Beck spoke to the Council regarding
the hiring of a consultant to work with staff from the Police Department and
a liaison from the Manager's Office regarding some project work. If the Council
wishes to proceed with the study, Mr. Beck explained the next step would be to
take proposals for the hiring of a consultant. Staff would need to bring back
legislation to actually allocate the funds. He asked Chief Boehm to give a brief
description of what is being proposed.
Chief Boehm explained the request would be to put out a proposal
for a consultant to look at three separate but closely related issues within
the Police Department. Those issues include an evaluation of the current community
policing program and recommendations for enhancement of such, facilitating a
strategic planning process, and conducting a comprehensive staffing study.
Mr. Loveless made the motion that the staff be directed to
proceed. The motion was seconded by Mr. Janku and approved unanimously by voice
vote.
BOARDS AND COMMISSIONS
None.
COMMENTS OF COUNCIL, STAFF, AND PUBLIC
Mr. Janku made the motion that the concerns of the Mayor and
the staff be communicated to the Governor regarding the right-of-way legislation.
The motion was seconded by Mr. Hutton and approved unanimously by voice vote.
Mr. Janku asked that information regarding the right-of-way
legislation be sent to the Council and that the public be informed as well.
In accordance with the City Charter, Mr. Beck announced that
he has scheduled a press conference on Wednesday morning at 9:30 a.m. to report
on priorities and procedures for the City of Columbia. He also noted that the
Council Retreat will be held at the Lake of the Ozarks beginning Thursday evening.
Retreat notebooks will be delivered Tuesday evening.
The meeting adjourned at 11:20 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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