INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:05 p.m., on Monday, October 1, 2001, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council Members HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, and COFFMAN
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 September 17, 2001,
were approved unanimously by voice vote on a motion made by Mr. Loveless and
a second by Mr. John.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mayor Hindman noted that three reports would be added under
Reports and Petitions.
The agenda, including the Consent Agenda, was approved unanimously
by voice vote on a motion made by Mayor Hindman and a second by Mr. Hutton.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B312-01 Authorizing the installation
of traffic calming devices on Mills Drive, Hatton Avenue and Limerick
Lane.
The bill was given second reading by the Clerk.
Mr. Beck pointed out that this project was initiated by a
petition from property owners in the area.
Mr. Patterson explained this is an area where staff had identified
problems with both speeding and cut-through traffic. He noted that his department
worked closely with residents to address the problems. Since the proposed solutions
consist of some fairly unique and somewhat radical changes, Mr. Patterson reported
staff is recommending that the project be done in two phases. The first phase
would cost approximately $11,500. After evaluating those changes for a period
of at least six months, staff can determine whether the devices have been successful.
If so, more permanent changes can be installed.
Mr. Patterson described the improvements to include a speed
hump on Mills Drive, a raised intersection at Mills Drive and Marylee Drive,
a raised median on Limerick Lane to discourage speeding and cut-through traffic,
a reconfiguration of the intersection of Mills Drive and Hatton Drive, as well
as the half closure of Mills Drive at its intersection with Chapel Hill. He indicated
the speed hump and raised table will be constructed out of asphalt, but the other
devices will consist of delineators, flexible raised barriers and barrel type
features to detour traffic. Mr. Patterson reiterated that the devices will be
temporary so if it is found that they are not working, the City would not have
made a major investment.
Mr. Janku asked if motorists coming from the south and west
of Stadium would have to come down Limerick Lane. Mr. Patterson said that most
of the traffic movement generated from people living in this area is primarily
to the north. From the south, motorists would have to come through Limerick Lane
or come down Mills Drive. He said emergency vehicles would have access at any
time.
Mayor Hindman opened the public hearing.
Chris Haglund, 1815 Hatton, expressed support for the improvements.
He spoke about traffic volume and speeding in the area. He noted most of the
traffic is generated by people who do not live in the neighborhood.
Mr. John voiced his concern about the half closure of Mills
Drive because it will force traffic coming from the south and west onto Limerick
and back through Hatton. Mr. Haglund said that was a concern, but the idea is
to stop motorists from using Mills Drive as a cut-through from Chapel Hill Road
to access Forum Boulevard. He reported that the neighborhood traffic does not
need to use Mills Drive as it does not proceed past Chapel Hill to the south.
Mr. Haglund stated it would not be beneficial to the neighborhood to force more
traffic onto Limerick and Hatton. He noted the raised median on Limerick that
would also help slow traffic down.
Mr. Patterson indicated the half closure of Mills Drive was
a concern that staff reviewed. He explained staff identified the biggest problem
as the cut-through on Mills. He stated that when motorists travel east on Chapel
Hill and approach Mills Drive, they are close enough to see the intersection
of Chapel Hill and Forum. If traffic is backed up, the natural tendency is to
cut-through on Mills to avoid the light. On Limerick, Mr. Patterson said that
view is obscured.
Bob Humphreys, 1510 Marylee, also spoke in support of the
project.
Glen Roberts, 1805 Hatton, explained that he lives at the
junction of Mills and Hatton, the acceleration point for traffic. Mr. Roberts
was concerned about the safety of the children in the area.
Lewell Wilkinson, 1804 Limerick, believed the traffic lights
at the intersections of Mills Drive and Forum Boulevard and Mills Drive and Chapel
Hill to be a major contributor to the problem. He supported traffic calming on
both Mills Drive and Limerick Lane.
Ann Klusemeier, 1805 Limerick, noted that the proposed median
will be installed in front of her house. She did not have a problem with that,
but was also hopeful there would be some follow-up as to its effectiveness after
the trial period.
Mr. Patterson noted that staff will consider additional traffic
calming on Limerick in the event the initial devices are not sufficient, i.e.,
traffic circles at Tremont and Limerick. He said there are other treatments should
this project be ineffective.
Edwin Gibb, 1820 Hatton, spoke in support of the calming devices
to control traffic on Mills, Hatton and Limerick.
Mayor Hindman closed the public hearing.
Mayor Hindman thought the problems in this area to be a classic
example of why sidewalks should be constructed along unimproved streets as development
occurs.
B312-01 was given third reading with the vote recorded as
follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B317-01 Authorizing a Land and Water
Conservation Fund Grant from the State of Missouri; authorizing
construction
of football/lacrosse fields; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Hood explained the request to construct two fields in
the Cosmopolitan Recreation Area. The total cost of the project is estimated
to be $77,336 of which 50% would be paid by the grant. The two new fields will
be located in the southeast corner of Cosmo Park. Mr. Hood displayed an overhead
showing the detail of the construction of the two fields. He indicated that staff
anticipates the fields being used by the Columbia Youth Football Association
in the fall. In addition, numerous requests have been received for lacrosse fields
due to the interest in the sport at both high schools. He stated lacrosse season
takes place in the spring. Mr. Hood noted that the project will also include
about 500 feet of access road which will provide a secondary entrance into the
Rainbow Softball Center parking lot. The City's matching funds would come from
the park annual improvements account that was included in the 2001 City budget.
Mr. Loveless pointed out that the report mentioned the project
would be completed using a combination of contracted and force account labor,
yet the ordinance identifies only force account. Mr. Hood responded that staff
anticipated a contractor doing the earth work, and then City workers will complete
the remainder of the project. Mr. Boeckmann suggested the ordinance be amended
to reflect this.
Mr. Loveless made the motion that B317-01 be amended to include
both contracted services and force account labor. The motion was seconded by
Mr. Hutton and approved unanimously by voice vote.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Mr. John pointed out that both fields appear to be within
20 feet of the side road, which he believed to be too close. He expressed concern
about people parking on the side of the road and the proximity of the players
to a driving lane. Mr. Hood said he will ask the planners to pull the fields
back several more feet from the road.
Mayor Hindman asked about the proposed trail and wondered
if a small segment could be extended from the parking lot to the south end of
the two fields. Mr. Hood indicated staff could look at an access pathway to the
fields, but he did not think a full trail could be constructed with the funding
that is available. Mayor Hindman said a pathway to the west would also be helpful.
Mayor Hindman commented about the view of the park from the
Candlelight facility. He said there is a Parks maintenance building and a 150
foot wide driveway directly across from the facility. He asked that staff look
into what could be done about it. Mayor Hindman remarked that residents requested
picnic tables and barbeque grills in the greenery between the parking lot and
the other area. In addition, he noted residents of Candlelight cannot get across
the street because there is no crosswalk. He thought that should also be looked
into. Mr. Hood responded that staff could look at those concerns. He noted that
some very large vehicles access the driveway to deliver materials. He said the
trucks are not that wide, but they do need room to maneuver.
The vote on B317-01, as amended, was given third reading with
the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS,
JOHN, COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B322-01 Calling for bids for the construction
of McBaine Levee and well access road.
The bill was given second reading by the Clerk.
Mr. Beck explained that this is a joint project in the Missouri
River bottoms between the area farmers, the Missouri Department of Conservation,
and the Water and Light Department.
Mr. Malon noted that this is the last step in a project that
began with the drilling of two new wells at the McBaine bottoms. Currently, the
bottoms are protected by a levee district and a primary levee. Prior to 1993,
he noted that there had been a secondary levee which is lower than the primary
levee. Mr. Malon reported the secondary levee was not intended to provide the
same protection as the primary levee, but it did protect hundreds of acres of
farmland and the new wells from the annual spring rises. During the flood of
1993, the secondary levee was damaged in several places. Mr. Malon showed the
location of the new well sites and said the levee would be left open below them
and onto the south. The project will cost roughly $182,000 and will include mostly
dirt moving.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B322-01 was given third reading with the vote recorded as
follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
(A) Street Construction on Blue Ridge
Road from State Route 763 to Garth Avenue.
Item A was read by the Clerk.
Mr. Patterson explained that this is an STP Project and that
the Mayor would read a statement to open the public hearing.
Mayor Hindman read the following statement:
OLD BUSINESS
R197-01 Amending agreements with Central
Missouri Counties Human Development Corporation to provide
for
the use of program funds for HOME eligible activities.
The resolution was read by the Clerk.
Mr. Beck explained that this item, as well as the next, was
tabled from the last meeting because the Council inquired about the City's ability
to target the use of HOME funds to CDBG eligible areas. It was determined this
could be done.
Ms. Crayton asked if CDBG funds had to be used for existing
homes or new construction. Mr. Beck replied it could be used for either. Mr.
Dudark concurred. Ms. Crayton questioned whether there are any job training activities
linked to the funds. Mr. Dudark said there was not. Ms. Crayton asked what types
of residences could be built with these funds. Mr. Dudark said the HOME regulations
would allow all types. He said the question for the Council was whether or not
they want to distinguish the density or number of units targeted to the CDBG
area. He pointed out that language had been suggested in regards to this issue
if the Council should choose to include such in the agreements. Ms. Crayton asked
if the target areas could have more than one program. Mr. Dudark said nothing
would prevent a developer from trying to combine different programs for two different
goals, but the HOME funds would be strictly for housing purposes.
Mr. John inquired as to whether CDBG eligible areas could
be confined to a section bounded by I-70, 63 and 740. He thought more consideration
should be given to what the target area should be. Mr. Dudark thought the Council
has the discretion to do that -- they would just be geographically targeting
funds within that CDBG area.
Mr. Janku understood the restriction could only apply to program
income and that the annual allocation is around $80,000 -- which is not program
income. Mr. Dudark said it was not, it was their annual allocation. Mr. Janku
said program income would be from the proceeds of the duplex development, the
Hanover project, about $488,000 over the next 30 years, or approximately $16,000
per year. He wondered if $16,000 was the amount the Council could restrict, how
effective it would be. Mr. John said they could do more with $16,000 per year
if it was targeted to one specific area. Mr. Janku concurred.
Mr. John made the motion that all four agreements include
the wording that funds be restricted to CDBG eligible areas and that those areas
be bounded by I-70 to the north, U.S. 63 to the east, and U.S. 740 to the south
and west. The motion was seconded by Mr. Janku and approved unanimously by voice
vote.
The vote on R197-01, as amended, was recorded as follows:
VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING
NO: NO ONE. Resolution declared adopted, reading as follows:
R198-01 Authorizing an agreement with
Central Missouri Counties Human Development Corporation to
provide
HOME funds for the purpose of constructing affordable housing.
The resolution was read by the Clerk.
Mr. Dudark pointed out that this particular agreement also
has a program income section. He said the amendment made to the last bill could
be included in this one as well.
Mr. John made the motion that the agreement include the wording
that funding be restricted to CDBG eligible areas and that those areas be bounded
by I-70 to the north, U.S. 63 to the east and U.S. 740 to the south and west.
The motion was seconded by Mr. Janku and approved unanimously by voice vote.
The vote on R198-01, as amended, was recorded as follows;
VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING
NO: NO ONE. Resolution declared adopted, reading as follows:
B310-01 Authorizing an agreement with
Larkin Group Consulting Engineers, Inc. for design of the Lemone
Industrial
Boulevard Improvement Project.
The bill was given second reading by the Clerk.
Mr. Beck explained that this is another major street project
which would extend Lemone Boulevard from its northern terminus northward to Stadium
Boulevard extended. He said it would provide for another roadway access to this
industrial area east of U.S. 63. The project is divided into three phases and
the Council will be given an opportunity to review each of the phases. The estimated
cost of the engineering work is $330,940.
Mr. Coffman noted a stakeholders phrase. He asked who would
be considered a stakeholder. Mr. Patterson said it includes people who will ultimately
have use of the extension of Stadium to the east, as well as those people who
will be affected on the west side of 63. He indicated staff intends for the process
to be very inclusive. Mr. Patterson thought the concept phase would be the most
critical portion of the design.
Mr. Hutton asked about the amendment sheet and why the appropriation
is being removed from the bill. Mr. Patterson explained that staff began working
on the project in FY 2001, and if the ordinance had been passed prior to this
fiscal year, the appropriation would have been required. The 2002 budget went
into effect today and the project costs were already in the CIP.
Mr. Hutton made the motion that B310-01 be amended per the
amendment sheet. The motion was seconded by Mr. Coffman and approved unanimously
by voice vote.
Dee Dokken, 208 Sanford, voiced concern about the road extension
because of the effect on the creeks in the watersheds. She asked that people
who have been involved with the watersheds and the stream teams be included in
the Stakeholders Committee.
Mr. Coffman asked about technologies available to minimize
the project's impact on streams and bridges. Mr. Patterson replied different
options do exist, and that is the reason staff has stressed the cost estimate
is very preliminary and is dependent upon the alignment and design standards
that are used. He said one of the prime examples of environmental sensitivity
with construction is the Glenwood Canyon Interstate project in Colorado. He said
it utilizes internationally acclaimed construction techniques that are attentive
to the environment. Mr. Coffman asked if the scope of this plan would give the
Council the opportunity to look at some alternatives with different costs. Mr.
Patterson responded it would.
Mayor Hindman spoke of his support to ensure that people who
have a particular interest in the environmental situation be included in the
stakeholders group.
B310-01, as amended, was given third reading with the vote
recorded as follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN,
COFFMAN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B319-01 Amending Chapter 16 of the
Code to increase the penalty for violations of Article III relating to
noise.
The bill was given second reading by the Clerk.
Mr. Beck explained this would increase the fine for violations
to the noise ordinance from a minimum of $50 to $75, and the maximum from $500
to $1,000.
Mr. Coffman thanked staff for this recommendation and he did
not believe the minimum and maximum fines were out of line.
Gary Froeschner, 603 Medavista, explained that he has lived
in his home for 19 years. Because he is a musician who practices at home, he
has received tickets for violations to the noise ordinance for playing acoustic
instruments in his living room. He thought the ordinance is too restrictive.
The ordinance defines music heard 100 feet away from the source, at any time
during the day, as a peace disturbance. At one time, this distance was 200 yards.
Mr. Froeschner believed his activity to be just as justified and deserves the
same protection and tolerance that construction noise or running a lawn mower
does. He said when someone is playing an acoustic piano in their living room
with the windows open, they are violating this ordinance. Mr. Froeschner said
he had no problem with increasing the fines if that is deemed necessary to cut
down on the real problems, but he objected to being lumped in with loud parties
at 3:00 a.m. He suggested that music be eliminated from the ordinance.
Ellen Schlee, 1685 Sonora, spoke on behalf of Mr. Froeschner.
She observed firsthand how musicians are being singled out. She said all of his
neighbors, except one, find his Caribbean music entertaining.
Mr. Coffman asked if there was a general peace disturbance
ordinance. Mr. Boeckmann said there is a separate ordinance in Chapter 16. He
said that is not typically what the prosecution is brought under, it is brought
under the noise ordinance provisions. At one time the noise ordinance required
a complaining party, a person who was disturbed by the noise. That was eliminated
some years ago for the reason that people would be disturbed by the noise, call
the police, but would not want to participate in prosecution. It was changed
to what exists now in that if a noise is heard from a certain distance at a certain
time, it is a violation of the ordinance. Mr. Coffman asked if the ordinance
just stipulates music. Under the article relating to noise, Mr. Boeckmann said
there is a breakdown in many different categories, one of which includes musical
instruments, stereos and that type of thing. Mr. Coffman acknowledged that in
his neighborhood, which generates a lot of complaints, it is not music creating
problems as much as the general shouting and yelling associated with large parties
of a few hundred people.
Mr. Loveless said when he and Mr. Hutton were previously on
the Council, at that time the City had been searching for a way to regulate disturbing
parties and loudly played music from stereos and electronic instruments. He thought
Mr. Froeschner had made a good point and said someone playing a piano could be
heard at 100 feet if the windows are open. Mr. Loveless commented the ordinance
was enacted with the best of intentions, but it is not as accurate as it could
be. He asked that staff review it and find some way to allow musicians to rehearse
in their own homes, particularly if they have unamplified instruments. Mr. Coffman
thought that was reasonable. Mr. Janku suggested that they look at the time differences
and distance differences.
B319-01 was given third reading with the vote recorded as
follows: VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
Mr. Loveless made a motion that staff be directed to
report back with a proposal amending the noise ordinance that would allow
for such activities as Mr. Froeschner was talking about, primarily acoustical
instruments within reasonable time limits. The motion was seconded by Mr.
Coffman and approved unanimously by voice vote.
B320-01 Amending Chapter 4 of the Code
relating to alcoholic beverages to increase the penalty for violations
of
Chapter 4.
The bill was given second reading by the Clerk.
Mr. Beck said this would also increase the minimum fine from
$50 to $75 and the maximum from $500 to $1000.
B320-01 was given third reading with the vote recorded as
follows; VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN.
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.
B309-01 Appropriating donated funds
for supplies for the D.A.R.E. program.
B311-01 Calling for bids for the construction
of Smith Drive from Windermere Drive west 1,600 feet.
B313-01 Voluntary annexation of property
consisting of I-70 right of way.
B314-01 Approving the final plat of
McNabb's Addition, a replat of a part of Lot 7 of Hunthill Subdivision,
Block
3; authorizing a performance contract.
B315-01 Approving a replat of Lot 6
of Sedona Villas, Plat 1.
B316-01 Vacating a drainage easement
located in Stonecrest Subdivision, Plat 2; accepting an easement for
drainage
purposes.
B318-01 Amending Chapter 14 of the Code
as it relates to intoxication related traffic offenses.
B321-01 Accepting easements for utility
purposes.
R201-01 Setting a public hearing: installation
of a traffic calming device on William Street.
R202-01 Setting a public hearing: FY
2002 Action Plan and an amendment to the FY 2001 Action Plan to
allocate
CDBG and HOME funds.
R203-01 Setting a public hearing: construction
of a water storage reservoir at the South Pump Station at Bethel
Street
and Nifong Boulevard.
R204-01 Setting a public hearing: construction
of water main along Creasy Springs Road from Brown School
Road
to Sanderson Lane.
R205-01 Setting a public hearing: construction
of water main serving Western Hills Subdivision.
R206-01 Setting a public hearing: construction
of sewer improvements to the sanitary sewer serving the Settlers
Ridge
Subdivision.
R207-01 Setting a public hearing: levying
special assessments against property benefitting from the Annual
Sidewalk
Improvement Project.
R208-01 Authorizing application to the
Missouri Department of Natural Resources for loans and grants under
the
Missouri Clean Water Law for sanitary sewer improvement projects.
R209-01 Authorizing agreements with
the U.S. Geological Survey for groundwater monitoring in the vicinity of
the
wetlands.
R210-01 Authorizing an agreement with
Reliable In-Home Assistance, L.L.C. to provide homemaker/personal
care
and respite care services.
R211-01 Authorizing an amendment to
the agreement with the Missouri Department of Health for the Child
Dental
Sealant Program.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: HINDMAN, CRAYTON,
JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Bills declared
enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R212-01 Establishing a Stormwater Committee.
The resolution was read by the Clerk.
Mr. Beck reported there had been some discussion regarding
the need to have a committee established to evaluate issues associated with stormwater
management. He explained the EPA instituted requirements for cities of a certain
size to meet by the year 2003. The state is also working on regulations. Appointing
a committee now will allow time to prepare and adopt a community acceptable plan.
Mr. Janku made the motion that R212-01 be amended to include
the wording, "with the advice and consent of the Council". The motion was seconded
by Mr. Coffman and approved unanimously by voice vote.
Craig VanMatre, an attorney with offices at 1103 E. Broadway,
spoke on behalf of a group of developers who are concerned about the issue. Due
to the vagueness of the resolution relating to the size of the committee and
the character of persons to be appointed, he suggested an amendment to outline
the exact charge of the committee. Mr. VanMatre passed out copies of his proposal.
He asked that each Council member be responsible for appointing a member of the
Committee. He was not opposed to the Council having advice and consent, but was
hopeful they would have much more input in terms of the precision the committee
will have to approach its task.
Annie Pope, spoke on behalf of the Homebuilders Association
of Columbia, with offices at 204 Peach Way. Regarding the composition of the
group, she would like to see anyone whose livelihood is directly impacted by
the provisions of the ordinance be included as a member. Ms. Pope asked the Council
to consider amending the bill to ensure that those people have representation
in the body assigned to the project.
Dee Dokken, 208 Sanford, spoke in support of a broad-based
process that considers all points of view.
Mr. Beck believed the impact would be community-wide in that
all citizens pay stormwater management fees. He was hopeful to have a good cross-section
of representatives. Mr. Beck thought the committee could have guidelines, but
said to have an exact definition of what they are to do, other than addressing
the six issues, could possibly affect the flexibility of the group.
Mr. Janku pointed out that the Council considered appointing
a specific committee to address some of the technical issues. He said the Council
tried to come up with a way to address some of the concerns being raised about
ensuring equal representation. He noted they also discussed establishing guidelines
so the committee has a clear sense of their charge. Mr. Janku remarked that this
relatively general resolution was intended to begin the process. One of the reasons
for adding the words "advice and consent" is to give an opportunity for everyone
to hear the names of the committee members before they actually begin their role.
Mr. Hutton said when this topic was discussed at length during
several meetings, he raised questions concerning the very general nature of the
bill as presented, and the pros and cons of a more detailed resolution. When
reviewing the resolution presented by Mr. VanMatre, which Mr. Patterson prepared
several months ago, he said it did not even specifically address all of the issues
that have been asked about tonight. Adopting that resolution would not necessarily
solve all of the problems that are foreseen with the process. Mr. Hutton indicated
he was comfortable with the bill being considered tonight. He was convinced that
the committee will be a representative group of all aspects of the issue. He
believed the Council has mandated that they would try to develop, before the
committee is appointed, a mission statement with some detail on what is expected.
In regards to the technical committee, Mr. Hutton pointed out the Council discussed
this group would not be part of the actual stormwater committee, but a separate
group with expertise to provide information to the committee.
Mayor Hindman stated that it was more than abundantly clear
that this group will have to be a very balanced committee. He said it would be
difficult to satisfy everyone's idea of balance and that is why it has been set-up
so generally. He thought there should be a resolution addressing the charge of
the committee. Mayor Hindman reported he has made many appointments to committees,
and he has always worked very hard to be fair and across the board. He intended
to do the same in this situation.
Mr. Loveless commented that he had no concerns about this
being a very general resolution, and he agreed with the Mayor in that more specific
legislation regarding the committee's purpose and mission should be put forth
at some point.
Mr. John said he too was comfortable with the advice and consent
regarding the appointments to the committee. He thought the Council should carefully
draft a fairly tight mission statement as any stormwater regulations have the
potential of impacting the cost of living, the affordability of housing, and
the future of Columbia far more significantly than all of the five years' work
done on the 2020 Plan.
Mr. Coffman reiterated that this matter is something that
will affect everyone in the community to some degree, not just builders and developers,
but anyone who enjoys the parks and natural environment in Columbia. He suggested
that the Council also include people on the committee that have not yet formed
an opinion about the issue, but are very thoughtful, critical thinkers. He thought
that might be more helpful than having each ward represented.
There was a discussion about the manner in which names could
be gathered. It was decided that the regular application process would be encouraged,
and the deadline for submitting applications would be noon on November 2nd, 2001.
It was clarified that the regular appointment process will not be followed.
Mr. Loveless asked that the group be a task force rather than
a committee so as not to confuse the Stormwater Committee with the Technical
Committee.
Mr. Loveless made the motion that R212-01 be further amended
by striking the word Committee and inserting Task Force. The motion was seconded
by Mr. John and approved unanimously by voice vote.
The vote on R212-01, as amended, was recorded as follows:
VOTING YES: HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING
NO: NO ONE. Resolution declared adopted, reading as follows:
Mr. Janku made the motion that the City Clerk be authorized
to advertise the availability of membership on the Stormwater Task Force.
The motion was seconded by Mr. Loveless and approved unanimously by voice
vote.
R213-01 Authorizing Amendment No. 2
to the agreement with Burns & McDonnell for engineering services
in
connection
with construction of Cell No. 3 at the landfill.
The resolution was read by the Clerk.
Mr. Patterson explained that this amendment will increase
the not-to-exceed amount by $58,000. He reported those costs are not only for
revising the plans and specifications that became necessary when the last bids
for the project came in over estimate, but it also includes the costs that were
approved in Amendment No. 1 for the preparation of a change to the City's operating
permit to provide for a vertical expansion. He noted the City should receive
approval of that permit in the very near future. The total amount of the contract
will now be $226,000. Mr. Patterson indicated the amendment will authorize the
consultant to provide professional services associated with the rebidding and
the construction inspection and quality assurance of Cell No. 3.
The vote on R213-01 was recorded as follows: VOTING YES: HINDMAN,
CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R214-01 Authorizing demolition of a
dilapidated structure located at 507 Banks Avenue and issuance of a tax
bill.
The resolution was read by the Clerk.
Mr. Beck reported that staff followed a long process in trying
to get this house renovated. All parties were given notice and a public hearing
was held by the Public Works Director. This bill will authorize the removal of
the house and the issuance of a tax bill against the property owner.
Mr. Janku noted that the Community Development Corporation
is in the process of building a new house next to this property. He expressed
concern that once the house is demolished, the lot will become overgrown with
weeds in the summer and will once again be a nuisance. He suggested that the
City acquire the property and enter into an arrangement with an agency that could
build a house on the lot. Mr. Janku asked if staff could be authorized to pursue
acquisition of the property, including, if necessary, purchase by eminent domain.
Mr. Boeckmann pointed out that an ordinance is required to
authorize condemnations.
Mr. Janku indicated he supports passage of this bill, and
then during the interim staff could think about how his suggestion would work
and which way would be more cost effective. He wondered if it would be more economical
to deal with the property with the structure on it rather than going through
two processes.
Mr. Boeckmann said there are statutory procedures for dealing
with dilapidated housing, but pointed out that it does not include the purchase
of such. He explained a public purpose is needed whenever condemning property.
Mr. Patterson remarked that appraisals would be required which
would delay the project time wise. He said it would appear, if the Council wants
to remove the nuisance, that they should authorize demolition of it. He reported
a tax bill will then be assessed against the property. If the City acquires the
lot, Mr. Patterson stated we will have gained that back anyway. He saw no advantage
to separating them.
Mr. Beck said if the resolution is passed, staff will need
to determine whether it would be preferable to proceed with or without the demolition.
He said they could report back before actually doing anything.
Mr. John said when the staff reports back, an estimated cost
of the demolition, and the size and zoning of the lot would be important in determining
what will become of the property should the City try to acquire it. He noted
if the house is demolished, there probably will not be any weeds high enough
on the lot to garner complaints until mid-summer. Mr. John thought it would be
about this time next year before the City could claim the property a nuisance
and try to condemn it.
The vote on R214-01 was recorded as follows: VOTING YES: HINDMAN,
CRAYTON, JANKU, HUTTON, LOVELESS JOHN, COFFMAN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R215-01 Approving the preliminary plat
of Valley View South Subdivision, Plat 2; granting variances to the
Subdivision
Regulations.
The resolution was read by the Clerk.
Mr. Dudark explained that this 20 acre tract is located on
the north side of I-70, west of Stadium Drive. He said the proposed plat shows
36 lots zoned A-1, and one planned commercial lot. Using the overhead, he showed
the street that would come down and connect with I-70 Drive NW. He said it would
be an extension of Abbeywood off of Grayson. Prior to this development, Mr. Dudark
reported there was a variance granted for that street which the Thoroughfare
Plan shows as a collector street. The variance was for the right-of-way to be
reduced from 66 feet to 50 feet and the pavement width reduced from 38 feet to
32 feet. This proposal shows the street continued at a 50 foot right-of-way with
32 feet of pavement. The street would be constructed at a collector street thickness.
Mr. Dudark further explained that Barnwood, connecting to
I-70 Drive, would also be 50 feet with 32 feet of pavement constructed at collector
street thickness to a point. It would eventually widen out to the collector street
standard of 66 feet of right-of-way and 38 feet of pavement. The reason for the
request is because of the topography to the west. The wider right-of-way would
push the houses further back from the street and make it difficult to have enough
width on the lot to build a home without a lot of clearing and fill work. Mr.
Dudark explained that the Planning and Zoning Commission recommends the variance.
He indicated the Commission also recommended the installation of a traffic calming
device at the intersection of Abbeywood and Barnwood, and the development of
a stormwater management plan, including any necessary on-site detention, as a
part of any final plats submitted for this development.
Mr. Hutton assumed parking would be allowed on the 38 foot
street. Mr. Dudark responded that it is normally allowed on 32 foot streets.
Mr. Patterson clarified staff evaluates collector streets less than 38 feet wide
in regards to safety issues. If there is a need for a restriction, staff will
forward that recommendation to the Council. Mr. Hutton asked for examples of
other 32 foot collectors. Mr. Patterson named Grant Lane at 30 feet and Stewart
Road at less than 30 feet. Mr. Beck indicated that Clinkscales is 32 feet wide
with parking on both sides. He spoke of the near accidents every week.
Mr. Janku understood there was a discussion for R-1 zoning
on Abbeywood and possibly R-2 on the Barnwood lots. Mr. Dudark said no official
request has been made. Mr. Janku asked about the width of the lots. Mr. Dudark
said the minimum was 60 feet. Mr. Hutton asked if that minimum applies in A-1
as well. Mr. Dudark replied it was only the R-1 minimum. Mr. John said that larger
side yard setbacks are required in an A-1 district. Mr. Dudark thought there
would likely be a rezoning request to at least R-1.
Ron Lueck, Land Surveyor with Marshall Engineering, explained
that he had surveyed this property. He stated it was likely that a request would
be submitted to rezone 24 of the lots to R-1, nine to R-2, and the ones fronting
I-70 Drive would likely be M-C. Mr. Lueck noted that the tract is well-wooded
and if the variances are not granted, a significant amount of clearing would
have to occur.
Mr. John asked about the plans for Lot 45. Mr. Lueck said
it would butt up to the existing sewer line through the ditch.
David Rogers, an attorney with offices at 813 E. Walnut, noted
that the vote had been 6 -1 at the Commission level in favor of granting the
variances. The vote had been 7-0 in favor of approving the plat with the variances.
He stated there would be a considerable hardship if more right-of-way were to
be required for Barnwood because the City would take more than 66 feet after
grading. With Grayson Drive being a residential street, Mr. Rogers said Abbeywood
would be the only collector street in the City that ended in a cul-de-sac. Virtually
every car traveling on Barnwood Drive, except for the 8 or 10 lots that front
on Barnwood, would be going into 32 foot wide residential streets. He thought
it to be illogical for Abbeywood to be constructed at collector width.
Gus Moosman, 3009 I-70 Drive NW, reiterated the amount of
trees that would have to be removed if the 66 foot right-of-way is required.
He passed around a petition signed by property owners living on Grayson and Woodmoor
saying they would rather have a 32 foot street with a 50 foot right-of-way.
With respect to Abbeywood, Mr. Janku indicated he did not
object to the 32 feet street width since he anticipated that being an R-1 development.
He thought it likely there would not be much on-street parking. Mr. Janku was
concerned, however, about the potential for an R-2 development along Barnwood,
particularly with the narrow lots being suggested. He said that type of development
leads to parking problems.
Mr. John said although the Council was not making a rezoning
decision tonight, he thought it was obvious the applicant would come back with
a request for R-1, R-2, and M-C zoning. He believed the developer had been put
on notice because of the parking concerns, especially on the narrow lots up near
the front. As such, he did not have a problem with the narrowing of the streets.
Mr. John pointed out the Council could always remove parking if it became a problem.
The vote on R215-01 was recorded as follows: VOTING YES: HINDMAN,
CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. 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:
B323-01 Accepting easements for utility
purposes.
B324-01 Calling for bids for the construction
of a water storage reservoir at the South Pump Station;
appropriating
funds.
B325-01 Calling for bids for the construction
of water main along Creasy Springs Road from Brown School
Road
to Sanderson Lane.
B326-01 Authorizing construction of
water main serving Western Hills Subdivision.
B327-01 Approving the engineer's final
report; accepting a deed of dedication; authorizing payment of
differential
costs for construction of water main along Quail Creek, Plat 2.
B328-01 Appropriating funds for wholesale
power purchases and electric sales revenues.
B329-01 Voluntary annexation of property
located on the southeast corner of Rangeline Street and Brown
School
Road, extended; establishing permanent zoning in district C-3.
B330-01 Establishing permanent zoning
in district A-1 on property located at 3220 South Old Ridge Road.
B331-01 Establishing permanent zoning
in districts R-1, A-1 and C-3 on property located generally east of the
present
city limits, along both sides of I-70.
B332-01 Rezoning property located on
the west side of Rock Quarry Road, east of the easternmost part of
Seven
Oaks Subdivision from A-1 to PUD-4.
B333-01 Authorizing an annexation agreement
with B.C. Investments of Columbia, L.L.C.; approving the
preliminary
plat of Settlers Ridge.
B334-01 Authorizing the installation
of a traffic calming device on William Street.
B335-01 Authorizing acquisition of easements
for construction of the Route B pedestrian bridge over Business
Loop
70.
B336-01 Authorizing Change Order No.
1 to the agreement with Don Schneiders Excavating Co., Inc. and
accepting
the engineer's final report for the C-6 Interceptor Sewer Project.
B337-01 Authorizing Change Order No.1;
approving the engineer's final report; levying special assessments;
appropriating
funds for the Annual Sidewalk Project.
B338-01 Authorizing an agreement with
the Daniel Boone Regional Library for the City to provide vehicle
maintenance
to the Library.
B339-01 Accepting a Local Law Enforcement
Block Grant from the U.S. Department of Justice; appropriating
funds.
B340-01 Levying special assessments
on properties for abatement of weed nuisance.
B341-01 Accepting a Special Warranty
Deed for greenspace/trail purposes.
B342-01 Amending the FY 2002 Classification
Plan and Pay Plan.
B343-01 Amending Chapter 19 of the City
Code to establish the position of electronic government coordinator
as
an unclassified position.
B344-01 Amending Chapter 8 of the City
Code to establish new ward boundaries - Trial 4.
B345-01 Amending Chapter 8 of the City
Code to establish new ward boundaries - Trial 5.
B346-01 Amending Chapter 8 of the City
Code to establish new ward boundaries - Trial 4J.
REPORTS AND PETITIONS
(A) Intra-departmental Transfer of Funds.
Report accepted.
(B) Neighborhood Connectivity.
Mr. Beck explained that this report was prepared by the Planning
staff at the request of the Council. It identifies the benefits of connectivity
for vehicles and pedestrians.
Mr. Janku believed specific provisions are needed in the proposed
amendments. Mr. John said he would also like to see some cost calculations and
more information regarding grading, bridges, bicycle lanes and walkways -- who
will maintain these and will they be part of the City's right-of-way system.
He preferred to see some discussion on it before the Council considers the issue.
Mr. Janku distributed copies of a report from July of 1996
wherein staff looked at cities like Bloomington, Indiana where they had delved
into this issue.
Mr. Janku suggested that the Commission get some input from
the Bicycle/Pedestrian Commission. Mayor Hindman also suggested input from the
Disabilities Commission.
Mr. Janku made the motion that the issue be referred to the
Planning and Zoning Commission for proposed amendments to the Subdivision Regulations,
to hold a public hearing on the amendments, and then submit a report and recommendations
to the Council. The motion was seconded by Mayor Hindman and approved unanimously
by voice vote.
(C) Percent for Art at Water Plant
and Landfill Projects.
Mr. Janku suggested sending the proposals to the Cultural
Affairs Commission. He thought both projects fit the proposed revision to the
guidelines. He saw no reason to have them affected by any modifications.
Mr. Beck said the question is whether or not the engineer/architect
for the projects developed the art concept into the projects. Mr. Janku thought
it had apparently been too late for redesigning the projects.
Referring to Section 2 on Report D, Mr. John reported staff
suggests removing parking lots, trails, wetland cells, stormwater detention facilities,
water towers, wells, lift stations and radio towers from the Percent for Art
program. Mr. Janku disagreed with water towers being exempted. Mr. Coffman agreed
as water towers and radio towers can be seen by a lot of people. Mr. John remarked
that he was not opposed to keeping the Percent for Art program allocated for
certain projects, but for those that would not be appropriate, he would rather
see funding used for other art acquisitions. Mayor Hindman and Mr. Janku agreed.
Mr. Beck said the question would then be whether or not the
solid waste utility would make a donation to some other activity. Mr. John confirmed
that is what he had in mind. Mr. Beck noted the solid waste fund account is handled
separately from other City accounts, as is Water and Light. Mr. John commented
he was thinking that if the location is inappropriate for an art project, that
these funds would then be transferred from that project to another location,
whether it be specified or not.
Mr. Janku made motioned for the Commission to proceed and
designate these two projects and move forward. He said as indicated in the report
the Commission is somewhat restricted, so if they want to come up with an alternative,
that would be acceptable. The motion was seconded by Mr. John and approved unanimously
by voice vote.
(D) Staff Recommendations - Percent
for Art Policy Modifications.
Mr. Loveless made the motion that this report be sent to the
Cultural Affairs Commission for their recommendations. The motion was seconded
by Mr. John and approved unanimously by voice vote.
(E) Chapel Hill Road Bicycle Lanes.
Mr. Loveless indicated he requested this report and has since
received strong opposition to the proposal. He believed he should have asked
for suggestions on traffic calming devices first. Mr. Loveless stated he would
like to delay any movement on bike lanes in this location until traffic is slowed
down.
Mr. Loveless made the motion that staff prepare a report on
traffic calming suggestions for Chapel Hill Road. The motion was seconded by
Mr. John.
Mayor Hindman spoke in support of bicycle lanes and thought,
in the long run, they would have a traffic calming affect. He noted that he has
seen very little parking on Chapel Hill. Mr. Loveless responded that was certainly
true west of Fairview, but to the east and past Twin Lakes residents really have
very little parking. Mayor Hindman noted west of there, the way the traffic is
now, it has maximum incentive to go fast. He said it is a wide road and nobody
is parking there. He thought the bicycle lanes would tend to give it the appearance
of a narrower road. Mayor Hindman agreed that traffic calming devices for this
area made a lot of sense. Mr. Loveless said he would not want to paint a bicycle
lane on the side of Chapel Hill and call that it. He felt there should be some
type of physical barrier between where the automobiles are traveling and where
the bicycles will be traveling.
The motion made by Mr. Loveless, seconded by Mr. John, was
approved unanimously by voice vote.
(F) Sidewalk provisions of Subdivision
Ordinance.
Mr. Coffman made the motion that the proposed ordinance be
sent to the Planning and Zoning Commission for a public hearing and recommendation
back to the Council. The motion was seconded by Mr. Hutton and approved unanimously
by voice vote.
(G) Boone House Adaptive Use Plan.
Mr. John made the motion that the report be referred to the
Historical Preservation Commission for review and a report back to the Council.
The motion was seconded by Mr. Loveless and approved unanimously by voice vote.
(H) Adoption of Official Name for Stephens
Property.
Mr. Loveless motioned that the issue be referred to the Parks
and Recreation Commission for their recommendation back to the Council. The motion
was seconded by Mr. John.
Mr. Janku suggested a public hearing be held by the Commission.
The Council agreed.
The motion made by Mr. Loveless, amended by Mr. Janku, seconded
by Mr. John was approved unanimously by voice vote.
(I) Mayor's Walk/Bike/Wheel to Work
Challenge.
Mr. John made the motion that staff support be provided for
the Mayor's Challenge. The motion was seconded by Mr. Loveless and approved unanimously
by voice vote.
BOARDS AND COMMISSIONS
NEW CENTURY FUND BOARD OF DIRECTORS
Mr. Janku made a motion to appoint Mayor Hindman as the Council representative.
The motion was seconded by Mr. Hutton and approved unanimously by voice
vote.
COMMENTS OF COUNCIL, STAFF, AND PUBLIC
Mr. Hutton indicated he previously asked about a report on
strengthening the nuisance ordinance to include legal proceedings against landlords
for nuisance tenants. He asked if a similar report had been made before he was
elected. Mr. Boeckmann replied that the Law Department was not working on the
issue, but he thought he had heard something about it. He explained there is
a state statute that deals with nuisance tenants.
Mr. Hutton made the motion that staff review state statutes
to see if there is anything the City could take advantage of and report their
findings back to the Council. The motion was seconded by Mayor Hindman and approved
unanimously by voice vote.
In regards to the City Assistance Program, Mr. John explained
that in order for a resident to receive funding on an existing home, the structure
must be inspected for lead base paint. He noted all homes built before 1978 could
have lead base paint in them. Mr. John indicated a problem is occurring in that
the inspection does not take place until a few weeks before closing, which is
not enough time to get the results/report back before closing. He said it was
causing problems in actually getting some of the sales made. Mr. John inquired
as to whether that is still a problem and what can be done to resolve it. Mr.
Beck stated staff would look into it.
Mr. John commented about the signage in the parking garages
in regards to public and permit parking. He indicated that all spaces in City
garages are available for public parking, some are hourly and some are by permit,
but it is all public. In the Plaza Garage, when entering on Seventh Street and
arriving at the bottom of the first ramp, the sign reads "Permit Parking Only
This Way". He said there is no place to go if you want hourly parking and do
not have a permit. According to the sign, Mr. John stated it appears that you
are stuck and have no where else to go. He asked that the signs be modified so
people realize there are public permits and public hourly places as the signs
and locations in some of the garages are upgraded. He also asked that it be made
clear that a motorist can go through the permit areas to access the hourly areas.
Mr. Coffman asked about the City's policy on street cleaning
where on-street parking is allowed. He noted that some cities post streets so
that people know not to park on them when the cleaning is scheduled. Mr. Patterson
responded that staff has looked into posting streets, but the problem is being
able to schedule a cleaning for a particular day and time during the month as
the weather conditions can prevent that from occurring. He said most places that
are posted are in really concentrated areas of downtown or very dense areas.
Mr. Patterson said there might be some sections that could be posted, but as
a general rule it would be hard to do city-wide. Mr. Coffman asked how frequently
sweeps are done through residential neighborhoods. Mr. Patterson said streets
are swept at least once a month. Mr. Coffman inquired as to the possibility of
posting notices once or twice a year. Mr. Patterson responded staff could look
into it and would get some information back to the Council.
Mr. Coffman made the motion that the staff report back on
street cleaning in residential areas. The motion was seconded by Mayor Hindman
and approved unanimously by voice vote.
Ms. Crayton asked about the paratransit bus picking up only
outside the Café Court at the Mall. Mr. Patterson replied that he had
received the same e-mail and the situation is being investigated. He said he
would report back.
Ms. Crayton reported a tree at the corner of Worley and Oak.
She said it is on Housing Authority property, but they say it is not their tree.
She asked that it be cut back because the branches are hanging on the utility
lines. Mr. Patterson stated he would look into the situation and report back.
Mr. Janku commented the Council had previously discussed the
possibility of a program to assist City employees in purchasing homes in target
areas. He said the Council received a letter today from the Department of Housing
and Urban Development that indicated CDBG and HOME funds might be used for that
purpose. Mr. Janku noted the Council also reserved monies in the general fund
for that particular use.
Mr. Janku made the motion that staff explore the option, prepare
a report on how it could be implemented, and also work with some of the major
employers in the community to ascertain whether they might also be interested
in this program that Fannie May developed called Employer Assisted Housing. The
motion was seconded by Mr. John and approved unanimously by voice vote.
Because questions have been raised regarding security issues
and City facilities, Mr. Beck gave a brief report. He pointed out that emergency
planning is continually updated and reviewed. He stated the City has three emergency
operating centers. Regarding the City's water supply, Mr. Beck said we are fortunate
in Columbia to have multiple sources. In addition to the water plant near the
river bottoms (supplied from shallow underground wells in the river bottom),
the City has continued to maintain a deep well water supply that can be utilized
in times of emergency. He noted that in recent years a second electric source
has been added to the plant and wells. With respect to the power supply, again,
Columbia is fortunate to have multiple interconnections from outside sources,
in addition to two separate generating plants within the City. Mr. Beck specified
that one plant is owned by the City itself and the second is owned by Ameren.
In addition, the City operates a regional mechanical wastewater plant supplied
by two separate sources of electricity and has a number of wetland areas that
can be operated separately if necessary. In regards to airport security, Mr.
Beck explained the City has been following FAA guidelines and were notified by
FAA that Columbia meets the new higher security standards.
Greg Longheart, 102 Anderson, explained that he is a local
artist. For the past two years, he has been building a stone wall in the City's
right-of-way (he lives on the east side of the street and there is no sidewalk
at this time). Mr. Longheart asked for a variance in order to utilize the space
until a sidewalk is needed or any work needs to be done with the utilities.
Ms. Crayton said she had visited the site and thought staff
should look at it. Mr. Beck said he would have staff report back on the issue.
Richardson Simpson, 3407 Scenic Rock Quarry Road, President
of the Grindstone Rock Quarry Neighborhood Association, went on record opposing
B332-01, the rezoning request for PUD-4 in their area. Mr. Simpson thanked the
Council for their dedication and service to the City of Columbia.
The meeting adjourned at 10:45 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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