INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, August 19, 2002, 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 August 5, 2002, were
approved unanimously by voice vote on a motion by Mr. Janku and a second by Mr.
Hutton.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
The agenda, 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
Distinguished Budget Award
Mayor Hindman and the City Manager invited the Finance Director
to join them at the podium to accept the award. Mayor Hindman explained that
only cities and municipalities who have a very high standard of reporting receive
this award. He noted that the City of Columbia has received this award for four
or five years. Mayor Hindman presented the certificate to Mr. Beck.
Ms. Fleming commented that the award also goes to the City
Manager because it is his budget. She indicated that cities must meet GFOA standards
in order to qualify for the award.
Mr. Beck stated that he is very proud that Columbia has received
this award for several years. It is a credit to staff from all departments who
assist in the budget's preparation, particularly the Finance Department.
SCHEDULED PUBLIC COMMENTS
Ben Loeb and Skip Walther - Bethel Park tennis court expansion.
Ben Loeb, 1104 Elsdon, spoke about the need for an additional
four tennis courts at the Bethel Park tennis complex, which would bring the total
to 12 courts. He noted that the University will be demolishing their 16-court
complex on College Avenue for student housing. If the City were to have a 12-court
complex, he thought we could continue to attract tennis tournaments, not just
high school tournaments, but other tournaments in the summer which could bring
in a lot of overnight visitors. Currently, Mr. Loeb noted that the eight courts
are getting a lot of usage. He added there is enough land available in this area
to add four courts. Mr. Loeb was hopeful the Parks and Recreation Department
would include the courts in their budget request for next year. If that is asking
too much, he suggested that they be included in their five-year capital improvement
plan.
Skip Walter, 700 Cherry, pointed out that the Show-Me Games
is a very important component to the City. He stated the number of people who
come to Columbia for the Games provide a lot of revenue to the hotels, restaurants
and retail establishments in town. Losing the 16-court facility at the University
means there will not likely be the type of people coming in to play tennis which
could have an adverse affect on the retail establishments in town. By taking
Bethel from an eight to a twelve court facility, Mr. Walter believed that would
really open up the range of possibilities.
PUBLIC HEARINGS
B264-02 Setting property tax rates for
2002.
The bill was given second reading by the Clerk.
Mr. Beck explained his proposal to retain the current tax
rate which has been in place for a number of years. He pointed out that the City
is paying off the last general obligation bond, which is quite a milestone. He
noted Columbia's property tax rate is 3.91 cents below the maximum amount the
Council could approve for operational costs.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B264-02 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:
B165-02 Adopting the FY 2003 Budget.
The bill was given second reading by the Clerk.
Mr. Beck noted that he had submitted the budget in a timely
manner according to the City Charter. In addition to this evening, he explained
that the public will have an opportunity to comment on the budget at the September
3rd and September 16th Council meetings. This evening's presentations will be
made by the Convention and Visitors Bureau Advisory Board and the Cultural Affairs
Commission. Mr. Beck noted that the Council is conducting public work sessions
to review each department's budget as well as revenue sources and rates. He pointed
out that the budget does not include an increase in any tax or rate except for
the water utility. Included in the budget is a goal of raising an additional
3% in revenues for operational costs. Mr. Beck stated this recommendation has
been reviewed by the Water and Light Advisory Board. He pointed out that not
all customers will be charged a 3% increase, the goal is to raise revenues an
overall 3%.
Cindy Mustard, 600 S. Greenwood, Chair of the Cultural Arts
Commission, explained that contracts are being recommended for the support of
the arts in two categories; presentations and education projects. She explained
the schedule and process the group followed this year. Ms. Mustard noted that
one application had been received late and was returned to the applicant in accordance
with the Commission's policy. She said they encouraged that organization to submit
a small request application for possible funding up to $500.
Ms. Mustard reported that in June, the Commission held a public
work session to review the applications and to make preliminary recommendations.
They received twenty-three requests from 18 organizations totaling $153,122.
This year the program was allocated $71,215, which is a slight increase from
last year. In July, she explained that the Commission held a public hearing to
get feedback from applicants and individuals wanting to comment on the overall
process of the funding recommendations. Seven people attended that meeting. The
recommendations before the Council are the result of that meeting. Ms. Mustard
noted that the recommendations are not overall statements about an organization,
they are based only on the project application. She said the Commission is hopeful
the Council will consider some kind of increase to the funding process.
Mayor Hindman thanked Ms. Mustard and the Commission for their
many hours of hard work they spent on the process.
Mr. Beck pointed out a 2% increase is shown in the budget
for arts and social service programs.
John Poses, Executive Director of We Always Swing Jazz Series,
224 E. Parkway, thanked the Council for supporting the arts. He said the Jazz
Series has been privileged to be part of the process for the last several years
and have received funding from it which has been critical to their continued
success and growth. However, he felt the time has come to re-evaluate the baseline
funding for the Office of Cultural Affairs. Mr. Poses related that the 1½-2%
increase per year does not accrue to a lot of dollars. As the arts groups flourish,
he said the amount of money they are competing for represents a small "chunk
of change" and the operational baseline becomes more antiquated year by year.
Rod Gelatt, 1020 LaGrange Court, C&VB Advisory Board member,
reviewed the purpose of this particular fund is to enhance or develop festivals,
events and attractions with a substantial potential to generate overnight visitation.
He noted the potential to generate overnight visitation was part of the legislation
the voters adopted in November of 1999 which provided for a 2% increase in the
lodging tax (officially a gross receipts tax). Mr. Gelatt reported that half
of this revenue is used for marketing purposes and the other half is used for
the tourism development fund. The annual revenue is approximately $325,000. Mr.
Gelatt explained the Board recommends allocating $184,000 in funding this year.
Mr. Gelatt summarized the application and evaluation process.
All applications were due in June and were reviewed in July by Board members.
Applicants had an opportunity to make presentations before the board. He stated
21 applications were received for a total request of $344,800. He noted that
more than $1 million was proposed in terms of the total expenditure these various
agencies intended to make. Mr. Gelatt indicated that remaining Tourism Development
Funds will go into the Attraction Fund accrual which is a separate application
process that begins in the fall.
Edward Baker, 1804 Katy Lane, C&VB Advisory Board member,
explained what impact the 9/11 event had on tourism and its major affect on how
the Board reviewed applications. In addition, he reported the Columbia market
has been severely overbuilt in regards to the hotel business. More than ever
before, Mr. Baker indicated the Board put added emphasis on the rate of return
and supported those groups that would bring substantial room nights. He pointed
out that the Show-Me State Games brings millions and millions of dollars to the
City of Columbia. He said their track record is exemplary.
A slide show featuring events funded by these monies was shown.
Mayor Hindman thanked the Advisory Board for their work with
the process.
Mayor Hindman called for general public comments on the budget.
Hearing none, he continued the public hearing to the September
3, 2002, meeting.
B270-02 Authorizing construction of
water mains serving Stonecrest, Plat 4; authorizing payment of differential
costs.
The bill was given second reading by the Clerk.
Mr. Beck explained the total cost of the differential payment
in this case would be $9,000. It will be paid from Water and Light funds.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B270-02 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:
B276-02 Approving the "David & Harriet
Guitar Historic Mansion" C-P Development Plan; establishing H-P
Overlay
District and "landmark" status on Lot 2 of McCaleb Subdivision.
The bill was given second reading by the Clerk.
Mr. Dudark explained that the proposal calls for allowing
the property to be used as a bed and breakfast establishment, a meeting room
and gift shop. The surrounding immediately adjacent property is vacant, but has
been zoned for future residential development. The Planning and Zoning Commission
recommended approval of the application, including the landmark designation and
historic district overlay, subject to a couple of conditions. Mr. Dudark reported
the first condition limits the uses to those requested. The Commission also recommended
that a variance be granted to the perimeter landscape screen on the north side
where the parking lot is planned. Mr. Dudark noted the plan has been amended
to show the parking lot for 16 spaces, and then an 11 space area is identified
for future parking if needed.
Mayor Hindman opened the public hearing.
Brian Pape, 202 S. Glenwood, project architect, explained
that the owner has been working to restore the building. He offered to answer
any questions.
Noel Crowson, related that he and his wife are owners of the
Harriet & David Guitar Mansion. He expressed appreciation for the staff's
understanding and cooperation in dealing with the historic nature of the home
which enables him to make it an economically feasible project. Realizing this
is a request for commercial designation in a residential area, Mr. Crowson stated
they have asked for the historic overlay and landmark status so there could be
no future changes to the property.
Steve Smith, 15 S. Fifth, explained that he is the prior owner
of the property. He is appreciative the project is moving in the right direction.
Mayor Hindman closed the public hearing.
B276-02 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:
B277-02 Approving the "First National
Bank of Cherry Hill" C-P Development Plan.
The bill was given second reading by the Clerk.
Mr. Beck explained that this is an approximate one acre tract
and both staff and the Planning and Zoning Commission recommended that the C-P
plan be approved.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B277-02 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:
B278-02 Approving the "Monroe Street
Office" O-P Development Plan; approving less stringent screening
requirements.
The bill was given second reading by the Clerk.
Mr. Dudark noted that the proposal is to remodel an existing
residential structure for use as an office. The building is about 892 square
feet in size. The recommendation of the Commission is to approve the O-P Plan
and to grant a variance as requested to screening on the south and west sides.
Mr. Dudark displayed a site plan of the property and pointed out the adjacent
use to be affected by the variance is an open parking lot. The applicant believed
the variance is appropriate as it should not be necessary to screen a parking
lot from an existing parking lot or from a commercial area. The Commission agreed
with that summation and recommended approval of the variance.
Mayor Hindman asked if the two parking lots would become one
lot. Mr. Dudark replied they are adjacent to each other, but necessarily integrated
in terms of function. Mayor Hindman questioned whether there would be any landscaping
in connection with the parking lots. Mr. Dudark pointed out green space on the
site plan. Mayor Hindman did not think screening would be necessary, but felt
some landscaping might be significant to keep it from being too large of an asphalt
area. Mr. Dudark commented that the ordinance does not speak to landscaping,
just to screening.
Mayor Hindman asked about the proposed sign. Mr. Dudark indicated
the applicant amended the design parameters to show a six foot high sign. He
noted that the sign is not planned at this point, but would be allowed if proposed.
Mayor Hindman opened the public hearing.
Bill Crockett, an engineer with offices at 2608 N. Stadium,
spoke on behalf of Jeff Crane Builders, the property owner. Regarding the parking
lots, he said the one to the west is about four and one-half feet west of the
property line. The proposed parking lot for this tract will be just over six
feet from the property line, so there will be about 10 feet between the two parking
areas. He noted that the parking areas share a common 24-foot driveway on the
north side with access onto Monroe Street. To the rear, Mr. Crockett said the
property on the south side has no parking facility, but is a rear yard to the
development and the existing parking lot is probably 12-15 feet from the property
line. He indicated it was believed to be most inappropriate to have screening
between the two parking lots, which would probably be something similar to a
basket weave fence and could be viewed as an eyesore. Since the driveway is shared,
he said they could not split it with a fence anyway. Regarding the sign, Mr.
Crockett stated that the recommendation made by the Planning staff was completely
acceptable to the owner.
Mr. John understood there to be only four parking spaces in
front of the building. Mr. Crockett said there were only four parking spaces
on the entire tract. Besides the building, the patio and the existing storage
building, Mr. John asked about the lawn area. Mr. Crockett responded there will
not be any change to the existing lawn. Mr. John summarized that the applicant
is requesting the screening variance because the O-P property abuts a parking
lot within a residential district.
Mayor Hindman closed the public hearing.
B278-02 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:
B279-02 Rezoning property located on
the south side of Nifong Boulevard from R-2 PUD to C-P; changing
permitted
uses on property located on the southeast corner of Nifong Boulevard and
Hyde Park
Avenue.
The bill was given second reading by the Clerk.
Mr. Dudark explained that the original request involved two
tracts; the current use of Tract A shows a condominium common area zoned C-P
with O-1 uses. The applicant is requesting the allowance of some commercial uses
to include fast food restaurants, motels and that sort of thing. The proposal
shows a fast food restaurant on Tract A. Mr. Dudark noted the applicant sent
a letter deleting Tract B from the request.
Mr. Dudark reported that a concept plan has been submitted
for Tract A. He pointed out the location of the proposed fast food restaurant
and indicated access for such would be off of Hyde Park Avenue. There will be
no access from Nifong or Route AC to this property, nor would there be any access
to the street to the south that connects with the residential area. Mr. Dudark
stated the Planning and Zoning Commission voted 4-3 against the change in use
because they felt there was no overall plan for the redevelopment of this property,
and believed the proposal to be piecemeal. The question to consider is whether
a change in use for the corner lot is suitable at this time.
Mayor Hindman opened the public hearing.
Harriett Francis, an attorney with offices at 1103 E. Broadway,
reported the applicant had evaluated the well-placed comments made by the Commission
about the necessity of an overall plan for the area, and subsequently reduced
their request for the change in usage of the corner tract - which would allow
additional time to review redevelopment in the remaining area. Ms. Francis pointed
out that the applicants in this case consist of Godas Development as well as
the homeowners association for Hyde Park. She noted this request is being made
with the full approval of the members of the homeowners association.
Prior to the Planning and Zoning meeting, Ms. Francis explained
that Burger King representatives met with Planning staff to discuss the possible
use of Tract A for a new restaurant. She related that the Burger King folks realize
there are certain traffic concerns and have tried to address the issue. She pointed
out that access to the site will be limited to Hyde Park Avenue, with no access
to Cooper Drive. Ms. Francis reported that the property directly to the south
of the KFC location is a C-P zone, and the property directly across Nifong is
a C-1 zone. She thought most people recognize this area is moving more towards
a commercial/office type development. Ms. Francis asserted it was likely that
the entire Hyde Park area will undergo redevelopment that is more consistent
with what is going on to the west.
Mr. Loveless spoke about the location of the new Route AC
alignment with this property and asked whether there was any plan for the Highway
Department to put in a traffic signal at Hyde Park. Mr. Dudark was doubtful this
would occur as there is an existing signal on Buttonwood, located just one block
to the west.
Mr. John remembered discussions about this tract being as
far east as where commercial development should be allowed. After that, he remembered
property owners with a tract immediately adjacent to the north being granted
C-1 open zoning. He noted the nebulous line that had been proposed was not effective.
Mr. John believed the realignment of Route AC and the subsequent rezoning on
the north side puts into question the continued validity of that concern.
Mr. Loveless thought the purpose of the new AC was to build
a rather high speed, high volume arterial from the south part of town to Highway
63. He expressed concern about additional commercial development eastward on
this corridor and the resulting traffic stacking that is bound to occur. Mr.
Loveless spoke of his preference to consider a plan for the entire tract rather
than requests being submitted in pieces.
Mr. Loveless made the motion that B279-02 be amended by deleting
the rezoning request from the title, deleting Section 1 and renumbering Sections
2, 3, and 4 to 1, 2 and 3. The motion was seconded by Mayor Hindman and approved
unanimously by voice vote.
B279-02, as amended, was given third reading with the vote
recorded as follows: VOTING YES: NO ONE. VOTING NO: HINDMAN, CRAYTON, JANKU,
HUTTON, LOVELESS, JOHN, COFFMAN. Bill defeated.
B280-02 Rezoning property located on
the east side of Brown Station Road, south of US Highway 63 from A-1
to
M-C, M-R and PUD-12.
Mr. Beck explained this to be an approximate 50 acre tract
located in northeast Columbia. He stated it was owned by the University for a
number of years.
Mr. Dudark explained that to the north of this property is
Highway 63, to the east is the COLT Railroad, the property to the south is an
industrial park, and to the west is a mix of single and multi-family residences
and some vacant property. The proposal is to create three tracts. He related
that Tract A, located east of the Railroad, consists of almost 15 acres and the
requested zoning is M-C (controlled industrial, which is an open district). Mr.
Dudark stated the applicant has requested M-R zoning for Tract B, which is a
planned industrial district. He said the request for Tract C, which consists
of almost 11.5 acres, is for PUD-12. The Planning and Zoning Commission recommended
approval of the request with some conditions. The first is to limit the uses
on Tract B to administrative professional and research offices, commercial storage,
wholesale distribution warehouses, mechanical construction contractors, public
utility buildings, and accessory uses and structures. The second condition is
that at the time development plans are submitted for Tract B or Tract C, the
applicant must include a traffic study which examines the affects the development
will have on Brown Station Road and the surrounding area.
Mayor Hindman wondered if the traffic study justified a lower
density for the PUD, whether the Council would be within their rights to require
such. Mr. Dudark replied that the traffic study would show the affect of the
proposed development plan on Brown Station Road. The study would identify any
entrance and exit points, traffic improvements, turn lanes, and acceleration
and deceleration lanes that may be required to handle the proposed traffic volume
for the PUD development or for the M-R development. He said the Council could
not reduce the density of the PUD, but they could require impact mitigation measures
to deal with the traffic.
Mr. Loveless commented that Brown Station Road was recently
improved and he asked how far this extends. Mr. Dudark responded it goes past
Highway 63.
Regarding a traffic study, Mr. Hutton pointed out that the
City may be able to require mitigating improvements, but asked if they could
only be required to the extent of that property. Mr. John said off-site improvements
would be included as part of the approval. Mr. Dudark replied that if problems
are attributed and caused by a development, there would be a connection between
the improvement and the project. Mr. Beck asked if Mr. Dudark was suggesting
the Council could require the applicant to widen Brown Station Road to four lanes
to Route B. Mr. Dudark responded the further the development is from a particular
area, the weaker the connection would be. He clarified that problems would have
to be tied to the impact of the project.
Mr. John commented that if the traffic study indicates that
a Brown Station Road should be widened to four lanes as a result of this project,
then the Council would have a choice at that point. Either the applicant would
have to reduce the density of the PUD, or they would have to work with the City
to develop a four lane road.
Mayor Hindman opened the public hearing.
Robert Smith, 2311 E. Walnut, displayed a concept drawing
illustrating the plans for the tract. After the presentation at the Planning
meeting, Mr. Smith spoke informally with several area residents. He attempted
to address their questions as much as possible at this point in time. The residents
were concerned about traffic, and Mr. Smith spoke of his support for a traffic
study. He explained what is being presented tonight is simply a concept and that
a more detailed plan will be submitted at a later date. Mr. Smith assured the
Council he would meet with the homeowners prior to ever coming forward with a
plan to ensure the neighborhood's needs are addressed.
Mr. Janku asked about the three different structured groups.
Mr. Smith explained their concept at this time included apartments and small
office/warehouse/wholesale/distribution structures.
Edward South, 2907 Yoko Court, spoke on behalf of The Oaks
Subdivision, directly west of Brown Station Road. He related the resident's support
of a traffic study, their concern about the appearance of the proposed apartments,
and the overall development of the three tracts. Mr. South reported about the
current problem with erosion in this area, and expressed the need for more storm
water control.
Bill Crockett, 4600 Summerbrook Court, explained that he previously
lived in this neighborhood for 32 years and he still owns property in the immediate
area. He said any kind of development would be better than the previous chicken
farm. Mr. Crockett supported this proposal as it is in-fill development and the
property is not suitable for residential housing due to the proximity of the
railroad and dual lane highway. He also pointed out that it is not Bear Creek,
but a tributary of Bear Creek, which is causing the erosion problems in this
area. He believed these problems have been caused by current development in the
immediate area. Mr. Crockett thought the project should be given favorable consideration.
Mayor Hindman closed the public hearing.
Mr. Hutton noted this request is a zoning issue as opposed
to approval of a plan. He said because of the neighboring uses, it would not
be an appropriate location for residential development. Mr. Hutton commented
that the property will develop eventually, and the question is how and what use
will have the least impact on the neighborhood, especially the new R-1 area to
which Mr. South referred. He felt this zoning could possibly be one of the better
uses of the property, but he was concerned about the density of the PUD-12.
Mr. John asked Mr. Dudark about his earlier reference to an
M-C zone being an open district. Mr. Dudark indicated that development on the
M-C tract would not require plan approval by the Council. Mr. John noted that
there are listed uses and the zoning ordinance requires screening of exterior
storage and that sort of thing. Mr. Dudark added that it requires landscaping
as well. Mr. John pointed out that Tract A is truly an open zone. Mr. Hutton
agreed, but it would be totally buffered from the rest of the area. Mr. John
agreed that Tracts B and C, the M-R and PUD-12 zones, will act as a buffer. In
addition, both are planned districts that would have to come back before the
Council for approval. Mr. John commented that the plans would have to meet storm
water and screening requirements. He added that the front two tracts would have
to meet traffic requirements.
Mr. Beck asked Mr. Smith if he had given any thought to utilizing
the railroad frontage for railroad purposes with roadway access to Route B. Mr.
Smith replied that there had been discussions about such, but because of the
curvature of the track, it was his understanding that this would not be feasible.
As far as a connection to Route B, he said they would like to consider that.
Mr. Beck pointed out that there is another ownership involved.
Mr. Janku asked Mr. Smith's thoughts on the density issue.
Mr. Smith responded the PUD-12 had been chosen based on the Metro 2020 Plan,
and he believed the proposed density is less than what the Plan called for in
this particular area.
Assuming the traffic study determines there are problems with
the density for whatever reason, Mr. Coffman asked if that meant the project
could not develop at the PUD-12 density until the traffic problems are solved.
Mr. Dudark said that would be the Council's prerogative to require the improvements
as a condition of plan approval. He indicated there are two options; the project
could be scaled down to mitigate the traffic impact, or improvements would have
to be made to accommodate it. Mr. Coffman indicated his preference for the developer
to meet further with the residents before bringing a plan back to the Council.
There was a discussion at this point as to whether Tract A
could be developed independently of the other two tracts. Mr. Dudark thought
it was possible that it could develop without access to Brown Station Road. He
also thought development of Tract B could occur without development of Tract
C. Mr. Hutton believed that the Council needs to know the cumulative affect of
traffic for the entire project. Mr. John concurred. Mr. Dudark pointed out that
Section 5 in the ordinance stipulates that a traffic study must be conducted
to demonstrate the development affects that Tracts B and C will have on Brown
Station Road and the surrounding area.
B280-02 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:
B284-02 Declaring the need to acquire
land on Clarkson Road adjacent to the MKT Trail for open space and
park
purposes; authorizing acquisition by negotiation or, if necessary, condemnation.
The bill was given second reading by the Clerk.
Mayor Hindman explained that attorneys on both sides of this
issue have asked to table the public hearing to the September 3rd Council meeting.
As this was an advertised public hearing, he would allow public comment before
continuing the hearing to the next meeting.
Mayor Hindman opened the public hearing.
Mayor Hindman continued the public hearing to the September
3, 2002, meeting.
R162-02 Endorsing the 2002-2006 REDI
Economic Development Master Plan.
The resolution was read by the Clerk.
Ms. Pratt noted that the Council received a copy of the Master
Plan after its adoption at the REDI Board meeting on June 19th. She said the
Board adopted the Plan and sent it on to the Class A investors for action. Ms.
Pratt explained that the Board is charged with creating the document every five
years which functions as an economic development blueprint for Columbia and greater
Boone County. She said their charge is make sure they are engaged in economic
development activities that continue to support the community as a vital, progressive
area that is able to attract investment and also the talent necessary to keep
businesses moving forward. Ms. Pratt explained the process that was used to develop
the program and gave an overview of the Plan. She was hopeful to have the entire
Plan online sometime next week.
Mayor Hindman opened the public hearing.
Kee Groshong, 201 West Boulevard South, Chair of the REDI
Board, endorsed the Plan. He noted the Board spent a good deal of this year working
on it. He pointed out that a lot of input has been obtained from a variety of
people. Mr. Groshong hoped to attend the work session the Council expects to
have on the issue.
Mayor Hindman closed the public hearing.
Ms. Crayton made the motion that R162-02 be tabled to the
October 7, 2002, meeting. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
OLD BUSINESS
B271-02 Authorizing agreements with
the Columbia School District for playground improvement projects at
Parkade
and Lee Elementary schools.
The bill was given second reading by the Clerk.
In last year's budget, Mr. Beck explained that $30,000 was
included to provide playground equipment to Lee Elementary School and playground
improvements to the Parkade Elementary School. Both projects will be funded through
the Community Development Block Grant program.
B271-02 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:
B272-02 Authorizing Change Order No. 5 to
the contract with Curtiss-Manes-Schulte, Inc. for construction of
the
ARC.
The bill was given second reading by the Clerk.
Mr. Beck noted that this change order totals $32,117.62 and
will add 3 working days to the contract. He pointed out that the contract is
still within the amount set aside for change orders.
B272-02 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:
B273-02 Approving the final plat of
Ditter Subdivision; granting a variance relating to street right-of-way.
The bill was given second reading by the Clerk.
Mr. Beck explained that this small acreage request has been
recommended for approval by both the staff and the Planning and Zoning Commission.
Mr. Dudark noted that the buildings were constructed on the
building line which makes it impossible to dedicate additional right-of-way.
Richard Ditter, 2701 Malibu Court, explained that when the
Kelani structure was built, part of it was moved onto the D-Sport property in
order to maximize parking. An overhang was removed and by off-setting the building
by four feet they were able to maintain additional parking. Should the Council
approve this request to move the property line, Mr. Ditter indicated they could
be more creative if future renovations are required.
B273-02 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:
B275-02 Granting a variance to the
Subdivision Regulations regarding sidewalk construction along the south
side
of Chapel Hill Road, extended, west of Scott Boulevard.
The bill was given second reading by the Clerk.
Mr. Dudark explained that these two subdivision plats have
13 lots with either a side yard or rear yard along Chapel Hill Road, extended,
which has not yet been constructed. As the road has not been designed at this
point, the applicant is requesting a variance to the requirement that sidewalks
be installed as a condition of occupying a residential building. If the sidewalk
were constructed, Mr. Dudark noted it would likely have to be removed and reconstructed
at the time the street is put in. The Planning and Zoning Commission is in agreement
with the request, but asked that the ordinance granting the variance authorize
the City to tax bill the properties, and that the ordinance be recorded in the
Recorder's Office so that any prospective home buyers would be put on notice
about the future tax bill.
Mayor Hindman was concerned that future owners would not be
aware of this tax bill situation. He asked if it would be more appropriate to
ask the developer to contribute to a fund up front. He thought it should be a
part of the cost of development rather than an individual property owner who
could argue that the sidewalk does not benefit them.
Mr. John noted the problem when collecting payment in advance
of the project has been that staff is required to put the funds in an account
for that particular sidewalk. When doing this all over town, it would become
a mess to keep track of such funds. Mr. John believed the easiest thing to do
is to issue a special tax bill and put a price on it because most of the real
estate forms in existence today require that all known taxes must be paid in
advance of closing. He commented the tax bill will have to be paid by the seller,
which most likely would be the developer. Mr. John related that would not solve
the situation of establishing a special fund for each project, but it is anticipated
that the Chapel Hill extension will be built fairly soon.
Mayor Hindman agreed that the idea of the separate fund is
a problem, but he also believed that the idea of tax billing separate land owners
is going to be a problem of at least equal magnitude. It was concurred the burden
should be on the developer, not the lot owner. Mr. Hutton indicated this would
not necessarily be a developer cost because if the tax billing is done right
now, it would most likely be paid by the builder who would pass the cost to the
owner.
Mr. Janku referred to Policy Resolution 171-01A which specifically
requires the property owner to pay the cost of constructing a sidewalk. Mayor
Hindman thought that was the approach they should use in this case.
Mayor Hindman made the motion that B275-02 be amended per
Section 7 of PR171-01A. He further motioned that Section 2, relating to recording,
be deleted and that the title be changed accordingly. The motion was seconded
by Mr. Janku and approved unanimously by voice vote.
Bill Crockett, an engineer with offices at 2608 N. Stadium,
asked for clarification of the amendment. He noted that both plats have already
been approved and recorded. Mr. Dudark said that subsection (c) of the policy
resolution would apply. Mr. Crockett asked about the procedure of such, i.e.,
when someone applies for an occupancy permit for "Lot X", that person would have
to make the equivalent payment for the sidewalk. He asked Mr. Patterson if that
was his understanding. Mr. Patterson replied that was his interpretation. Otherwise,
he said it would be more logical to have done this before the builders actually
start construction. He commented that what staff would be faced with now is attempting
to collect the money from each individual lot owner. He thought that was what
the Council was trying to avoid. Mr. Patterson asked if the lots in question
have already changed hands. Mr. Crockett replied that a total of eight lots would
be affected by this legislation, and he thought half of them had changed hands.
He noted building permits have been issued on at least three of them with the
structures being well underway.
Mr. Patterson believed this problem occurred because a sidewalk
variance was not submitted with the final plats. Without a variance at that time,
there is no cause to deny the issuance of building permits. Therefore, the sidewalk
does not come up until the request for a certificate of occupancy. Mr. Crockett
thought the original plan was to construct an alternative sidewalk, but due to
circumstances, that was felt to be ridiculous.
Mr. Crockett requested that a certified copy of the ordinance
be recorded for the protection of everyone involved.
Mr. Boeckmann suggested amending the ordinance again to include
the prior language on recording.
Mr. Janku made the motion to further amend B275-02 per Mr.
Boeckmann's suggestion. The motion was seconded by Mayor Hindman and approved
unanimously by voice vote.
B275-02, 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:
B282-02 Appropriating funds for Share
the Light Program.
The bill was given second reading by the Clerk.
Ms. Nutter explained that this is the second year of the Share
the Light Program. She reported on its good success. Ms. Nutter indicated that
thus far, the program has raised almost $11,000. The request this evening involves
an appropriation of funds for the youth dental care, fire prevention and education,
and crime prevention programs.
B282-02 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.
B266-02 Authorizing a grant agreement
with the Department of Natural Resources for the purchase of a
conveyor
and material screener; appropriating funds.
B267-02 Confirming the contract of J.C.
Industries, Inc. for the Defoe Drive Area Drainage Project;
appropriating
funds.
B268-02 Confirming the contract of Tim
Harris Excavating & Construction for the Sanitary Sewer District No.
144
Project; appropriating funds.
B269-02 Accepting easements for utility
purposes.
B274-02 Approving the final plat of
Hidden Creek Subdivision, Plat 1.
B281-02 Vacating a sewer easement located
within Bearfield Subdivision; accepting a grant of easement for
sewer
purposes.
B283-02 Appropriating funds for personnel
expenses in the Department of Economic Development.
R153-02 Setting a public hearing: voluntary
annexation of property located at the eastern terminus of Rice
Road
and at the southern terminus of Shamrock Drive.
R154-02 Setting a public hearing: voluntary
annexation of property located on the south side of Highlands Court,
west
of Bentpath Drive.
R155-02 Setting a public hearing: Special
Business District Budget.
R156-02 Accepting a grant from the U.S.
Department of Health and Human Services to provide improved health
services
to Spanish-speaking residents.
R157-02 Authorizing an agreement with
The Curators of the University of Missouri for police assistance at
football
games.
R158-02 Authorizing service agreements
with Aquila Networks.
R159-02 Notice of public sale of Sanitary
Sewerage Refunding Revenue Bonds.
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
R160-02 Rejecting bids for construction
of the Rollins Road Improvement Project.
The resolution was read by the Clerk.
Mr. Patterson explained that the bids received had been substantially
over the engineer's estimate and available funding. The recommendation is to
reject the bids and then staff can re-examine the scope of the project. Because
of the considerable amount of discussion and input from neighborhood groups,
Mr. Patterson indicated it is important to meet again with these individuals
and discuss possible options that are feasible with the available funding. Several
options were outlined in the report.
Mr. Janku asked about the elimination of the pedway along
the south side of the road. Mr. Patterson said the Council has the final determination
of what will be built, but one option could be to build the road in such a way
as to accommodate a pedway at a later date. Mr. Janku said it would be helpful
to know how much each of the elements cost. Mr. Patterson thought as the project
is redeveloped, staff would be able to provide more specifics.
The vote on R160-02 was recorded as follows: VOTING YES: HINDMAN,
CRAYTON, JANKU, HUTTON, LOVELESS, JOHN, COFFMAN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R161-02 Transferring funds for the
cost of the special election.
The resolution was read by the Clerk.
Mr. Beck explained that the cost of the August election was
pro-rated between the different governmental entities who had issues on the ballot.
He said this would transfer enough money into the Clerk's budget to pay the county
what is owed them.
The vote on R161-02 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:
B285-02 Vacating easements within Concorde
Office and Industrial Plaza Subdivision.
B286-02 Authorizing an annexation agreement
with William D. and Carol A. Foley.
B287-02 Approving the Stoney Creek C-P
Development Plan and changing permitted uses.
B288-02 Approving the final plat of Stoney
Creek Subdivision.
B289-02 Approving the final plat of
Vanderveen Crossing, Plat No. 9.
B290-02 Approving the final plat of
Whispering Meadows.
B291-02 Approving the final plat of
B & B Crossings, Plat 1.
B292-02 Rezoning and changing permitted
uses on property located north of West Ash Street and west of
Clinkscales
Road.
B293-02 Establishing permanent zoning
on property located on the south side of State Route K, approximately
400
feet east of Old Village Road.
B294-02 Confirming the contract of N-J
Wilson Contracting, Inc. for the construction of I-70 Drive Southwest
from
West Boulevard to Business Loop 70.
B295-02 Confirming the contract of Concrete
Engineering, LLC for the construction of a right turn lane at the
southwest
corner of Providence Road and Broadway.
B296-02 Authorizing agreements in connection
with the East Broadway - State Route WW Project.
B297-02 Accepting easements for utility
purposes.
B298-02 Authorizing the issuance of
Sewerage System Revenue Bonds.
B299-02 Establishing Parks and Recreation
fees.
B300-02 Amending Chapter 27 of the City
Code as it relates to water connection and meter fees.
B301-02 Amending Chapter 27 of the City
Code as it relates to water service rates.
B302-02 Amending Chapter 26 of the City
Code to increase the development charge for new construction.
B303-02 Adopting the Special Business
District Budget.
REPORTS AND PETITIONS
(A) Intra-departmental Transfer of Funds.
Report accepted.
(B) Metro Greenbelt/Trail Plan.
Mr. Beck reviewed staff's suggestion to refer the issue to
the Planning and Zoning Commission for public hearing and a recommendation to
the Council.
Mayor Hindman made the motion that the Plan be referred to
the Planning and Zoning Commission for a recommendation back to the Council.
The motion was seconded by Mr. Janku and approved unanimously by voice vote.
BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council, the following
individuals were appointed to the following Boards and Commissions:
BUILDING CONSTRUCTION CODES COMMISSION
Creasy, Jay. O., 912 W. Ash, Ward 1 - term to expire 8/1/05 (layperson)
COMMUNITY DEVELOPMENT COMMISSION
Scherrer, Elizabeth G., 529 Huntridge, Ward 5 - term to expire 11/1/02
BOARD OF HEALTH
Groshong, Ted T., 2600 Limerick, Ward 4 - term to expire 8/31/05 (physician)
Lensmeyer, Bernard J., 6 McGregor, Ward 5 - term to expire 8/31/05 (layperson)
HISTORIC PRESERVATION COMMISSION
Ross, Bryan J., 3508 Woodside, Ward 3 - term to expire 9/1/05 (expertise
in HP)
Schapiro, Nicholas, J., 4013 Newport Court, Ward 5 - term to expire 9/1/05
COMMENTS BY COUNCIL, STAFF AND PUBLIC
Mr. John noted that some months ago they discussed streets
that had been built and rebuilt without lighting due to a change in policy, which
has since been modified again. He asked that Water and Light provide an update
on these sections of street.
Mr. Janku spoke about the various plats that have been
approved in the Vanderveen Subdivision. He noted some of the plats include
the future extension of Providence Road. Mr. Janku stated pedestrian access
issues across this section of Providence have not been addressed. Because
of the amount of residential and commercial development occurring in this
area, he was fearful the street would become too dangerous for pedestrians.
Mr. Janku suggested the Council keep this in mind as plans come forward.
Mr. Loveless asked if this section of roadway would be maintained
by MoDOT. Mr. Patterson said it would not. Mr. Loveless assumed the City will
have the authority to signalize it in that case. Mr. Patterson reminded the Council
that the City has entered into a development agreement for construction of a
portion of the road south of Smiley Lane.
In reference to earlier comments pertaining to construction of four tennis courts at Bethel Park, Mr. Janku asked that the Council be provided some rough cost estimates of such so the issue can be discussed further during budget hearings.
Regarding the Nifong issue that was defeated earlier this evening, Mr. Janku wondered whether the Planning and Zoning Commission should be directed to work with the landowners in this area to develop an overall plan, similar to what was done with Rock Quarry Road. Mr. Dudark indicated that staff contacted the attorney after the Nifong proposal was defeated at the Planning and Zoning meeting, and the current owners are not interested at this time in participating in such a venture. He noted that response might change after tonight's defeat. Mr. Janku inquired as to whether the Council should refer the issue to the Planning and Zoning Commission. Mr. John thought it would be up to the property owners as to how they want to proceed. He thought the Council would be in error to pre-empt this process. Mayor Hindman indicated the Rock Quarry Road people came to the Council and asked for assistance in creating a plan for their area. In this case, no one has made the same request. Mr. Coffman thought it might be a policy option that people are not aware of.
In regards to B295-02, the construction of the right turn lane at the southwest corner of Providence Road, Mr. Janku said there was mention made about storm water piping underneath the road and MoDOT's request for the City to expand the piping. As this intersection is known to flood, he suggested that funds from the storm water utility be used for the project.
Ms. Crayton spoke about an altercation in the downtown
area that occurred last weekend between a group of young people and Police
Officers responding to the scene. She believed parents should be responsible
for their kids, and suggested staff look into implementing a curfew for the
safety of young people. Ms. Crayton thought that area businesses need to
be more responsible in addressing this problem as well. She commented that
staff and the public should look into some kind of constructive activities
to keep the youth off the streets.
Ms. Crayton motioned that staff be directed to report back
on curfew, what can be done in Columbia, and what other cities are doing about
similar problems. The motion was seconded by Mayor Hindman and approved unanimously
by voice vote.
Mayor Hindman commented on Section 14-503 (e) of the
City Code which says if there is an off the road bicycle path, it is illegal
to ride a bicycle on the road next to it. Mayor Hindman made the motion that
the issue be referred to the Bicycle/Pedestrian Commission for their review
and recommendation as to whether or not it should be repealed. The motion
was seconded by Mr. Hutton.
Mr. Loveless asked if sidewalks were included in his thoughts
as an off-street bicycle path. Mayor Hindman did not remember what the definition
was of an off-street bicycle path.
Mayor Hindman's motion, seconded by Mr. Hutton, was approved
unanimously by voice vote.
Mayor Hindman reported that the Council had discussed
the Caring Community Partnership at the pre-Council dinner and the fact that
the City has the right to appoint a delegate to that Partnership.
Mayor Hindman made the motion that the City Manager, or his
designee, be appointed to the Caring Communities Partnership. The motion was
seconded by Mr. Janku and approved unanimously by voice vote.
Mayor Hindman noted that he recently met with the County
Commission and invited them to work with the City Parks and Recreation Department,
but he thought the Department should be officially charged by the Council
to do so.
Mayor Hindman made the motion that the Parks and Recreation
Department, or staff in any capacity, be willing to work with the County Commission
in regards to the County Fairground master plan. The motion was seconded by Mr.
Janku and approved unanimously by voice vote.
Waldo Palmer, 414 Alexander, a member of the Wilkes Boulevard Methodist Church, spoke about past storm sewer problems in this area. He also referred to a problem with pot holes being created in the church parking lot. It was believed these holes are being caused by the City's large trucks. Mr. Palmer asked how soon the situation could be looked into and fixed. He was told staff would check into it.
The meeting adjourned at 10:40 p.m.
Respectfully
submitted,
Penny
St. Romaine
City
Clerk
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