INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, January 7, 2002, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council Members COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, and JOHN
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 December 17, 2001, were
approved unanimously by voice vote on a motion made by Mr. John and a second
by Ms. Crayton.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mayor Hindman noted that R8-02 would be removed from the Consent
Agenda and placed under New Business.
The agenda, as amended, including the Consent Agenda, was
approved unanimously by voice vote on a motion made by Mr. Loveless and a second
by Mr. John.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B397-01 Authorizing an interconnection
agreement with Boone County Regional Sewer District; appropriating
funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that this agreement will provide wastewater
treatment for subdivisions south of the City and will eliminate four treatment
facilities.
Mr. Patterson summarized this joint project to construct the
Walnut Brook Subdivision and Old Plank Subdivision interceptor sewers between
the City and Boone County Regional Sewer District. The City sewer utility will
construct the sanitary sewer to the 80-acre point, and the District will be responsible
for the remainder of the project. Mr. Patterson indicated the City's portion
of the project is approximately $250,000. He explained that customer service
and base issues are identified in the agreement and are consistent with previous
agreements between the City and the District.
Mr. John asked whether vacant lots that have already been
platted and have sewer lines stubbed to them would be included in the Sewer District.
Mr. Patterson replied that lots in a platted subdivision currently served by
a centralized collection system would remain Sewer District customers. Anything
beyond those subdivisions would become City customers.
Mr. Janku asked whether those property owners would have to
sign a pre-annexation agreement. Mr. Patterson said they would not. He explained
that with approval of this agreement tonight, the City Council has waived the
requirement for pre-annexation agreements. He noted that anyone not in the service
district would be subject to annexation agreements.
Mr. Hutton asked if pre-annexation agreements only apply to
properties outside Boone County Regional Sewer District areas. Mr. Patterson
replied the policy is applicable to every property outside the City. It is by
approval of these specific agreements with the District that the City actually
waives that requirement. Any other area not associated with a contract with the
Sewer District is more typically subject to the pre-annexation agreement.
Mr. Boeckmann concurred. He explained that the ordinance before
the Council specifically provides that the pre-annexation agreement requirement
is waived. Mr. Boeckmann reported there is a policy resolution in place that
indicates the Council "may" waive the pre-annexation requirement. As a practical
matter in this case, he indicated that all the property owners in this area would
probably not sign an annexation agreement.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Mr. Janku said in the situation where there is a significant
part of a development that is built upon, the City may want to require pre-annexation
agreements for the lots that are not built upon.
Mr. Hutton asked about the capacity of the treatment facility.
Mr. Patterson said the capacity is always going to be subject to what is added
to it, but the areas included in the agreement before the Council tonight were
included in the last plant capacity analysis. With completion of Wetland Cell
#4, he estimated the next expansion would have to occur in 2008 or 2009. The
amount of flows for small developments are not likely to accelerate the capacity
as much as it would with another major user such as Columbia Foods.
B397-01 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B399-01 Authorizing construction of
water main serving Timberlake Subdivision, Plats 2 and 3 and payment
of
differential costs.
The bill was given second reading by the Clerk.
Mr. Beck explained that an eight-inch line versus a six-inch
line will be built by the subdivider along Timber Lane in Timberlake Subdivision.
The project's estimated cost of $1763 will be paid from Water and Light funds.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B399-01 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B406-01 Approving a revision to the
C-P/O-P Plan of Village Square.
The bill was given second reading by the Clerk.
Mr. Dudark displayed the site development plan on the overhead
and briefly described what had been presented to the Planning and Zoning Commission.
The Commission's recommendation is for approval of the request subject to some
conditions. He stated that the amendment to the plan involves four issues.
Mr. Dudark described the first issue in regards to Club Village
Drive with access off of Nifong and bisects the development. The plan approved
by the Council showed that roadway being 44 feet wide. He noted Club Village
Drive was actually constructed at a width of 38 feet. Following discussions between
the design engineer and engineering office, Mr. Dudark said the 38 foot street
is in the revised plan.
Mr. Dudark indicated the second issue relates to traffic calming
devices, speed humps and raised crosswalks. He stated these were shown on the
original plan but have not been installed. The new proposal calls for a warrant
study after more development occurs in the area to determine whether traffic
calming devices and pedestrian crosswalks are needed based on patterns of pedestrian
movement. The request is to post a $12,000 letter of credit for five years that
would provide a financial guarantee that should a warrant study be met, the money
would be in place.
Mr. Dudark reviewed the third issue pertaining to medians
on Nifong Boulevard. The plan approved by the Council depicted a landscaped median.
However, the median has been constructed as solid concrete and the proposal is
to retrofit it with an elevated planting bed, about two feet high, with xeroscape
plants.
Mr. Durdark reported the last issue involves a pedestrian
sidewalk on Forum Boulevard. The request is to install a ten foot wide pedestrian
sidewalk access at the north property line so cyclists could exit out of the
street into the off-street pedway. This would take the cyclists to the intersection
where they could cross and hook up with an existing six foot sidewalk that has
already been constructed along Forum between the new Walgreens building and the
street.
Mr. Loveless asked if the Class II bike lane would be re-striped
south of the entrance into Club Village Drive. Mr. Dudark believed there to be
no striping past the intersection. Mr. Loveless wondered why the sidewalk was
narrowed from ten to six feet as it continues south past Club Village Drive.
Mr. Dudark thought this amendment to the plan is being suggested because the
walk had already been constructed. He said the question is whether that is adequate
in the current width.
Mr. Loveless pointed out that the plan did not show a ten
foot pedway going all of the way to the north property line. Mr. Dudark felt
the intent was to go the full distance as practical on the lot, but then exit
to the curb so that someone from the street would have access to the pedway.
Mr. Hutton asked if there had been a ten foot sidewalk in
the original C-P plan. Mr. Dudark did not think there was. Mr. Hutton asked why
it was a point of discussion at this time. Mr. Dudark explained that it came
up during the discussion of the previously described issues. Mr. Hutton asked
then if this was an issue originated by staff, since the project has come back
up, in an effort to fix the situation. Mr. Dudark believed that to be a good
characterization.
Referring to Mr. VanMatre's letter of January 3rd relating
to traffic calming, Mr. Hutton wondered when Village Square Drive was redesigned
which caused the traffic calming device to be changed. Mr. Dudark explained that
the design engineer that was on the original project is no longer with the firm.
His description of it was that this engineer met with some City folks and they
worked out a change in the street design. Mr. Patterson explained what he thought
Mr. VanMatre meant by redesign. He said at one time there was a large circle
being planned as part of the development, but he did not believe there had been
any major changes to it from what the Council approved. He said staff had asked
the same thing...what has changed that would warrant removal of the traffic calming
devices they felt necessary at the time. Mr. Hutton asked if there are some traffic
calming devices on the street. Mr. Dudark explained where the painted crosswalks
are located.
Mr. John asked how much of Club Village Drive was narrowed
from 44 feet to 38 feet. Mr. Dudark thought it was probably 200 feet. Mr. John
inquired as to whether it was a commercial grade street at commercial thickness.
Mr. Patterson replied that it was built at local non-residential thickness, the
same as a collector, which is thicker than a residential street.
Mayor Hindman opened the public hearing.
Craig VanMatre, an attorney with offices at 1103 E. Broadway,
spoke on behalf of the applicant. He summarized his letter detailing the reasons
for the changes. He also noted that the Walgreens store is scheduled to open
on February 15. He said this has to happen in order to meet the contract terms.
Their fear was that if any changes are required on the lot, that it could possibly
jeopardize Walgreens' opening on the 15th and impose monetary penalties. Mr.
VanMatre did not think the applicant was asking for anything that would result
in the lack of safety or the deterioration in the desirability of the project.
Mr. Janku noted that it has been almost three years since
this plan was approved and there has yet to be a building completed on the site.
He asked how soon the rest of the development would be built out. Mr. VanMatre
believed one lot has been sold for a restaurant and that construction is supposed
to start this spring. A bank and another business are also interested in buying
lots. He thought within the next three years most of the lots will be developed.
Mr. John asked if Mr. VanMatre's client still has control
of the lot on which they are proposing to build the 10 foot sidewalk. Mr. VanMatre
indicated that was correct.
Mr. Janku questioned whether it would be known if traffic
calming would be warranted in five years based on the rate of development. Mr.
VanMatre indicated that could be negotiated.
A design drawing of the planter was passed around at Mr. Hutton's
request. Mr. John asked why the median is so small that it cannot have a planter
on it.
Brian Harrington, Allstate Consultants, said he believed the
original median had been shown at 3 feet in width. The reason for the change
was for a channelization affect. He said it began as a 3 foot constant width
median and that after discussions with the staff and the design engineer at the
time, he believed it was switched to a channelizing median in order to protect
the left turn pocket.
Mr. John asked Mr. Harrington if he knew how much of the street
was supposed to have been at 44 feet. Mr. Harrington believed Mr. Dudark had
been correct at the approximate 200 feet figure. Mr. John asked if the right-of-ways
were kept at the same distance. Mr. Harrington believed the right-of-ways to
be the same in both cases.
Mayor Hindman closed the public hearing.
Mayor Hindman commented that this is a high quality development
with a good engineering firm working on the project. He noted that approval to
proceed with such was a very hard-fought campaign with a large part of the neighborhood
being very unhappy that the development was approved. Mayor Hindman said the
Council approved the development with certain expectations. While he did not
think the street width was a big problem, he believed the neighborhood had certain
expectations with respect to aesthetics. In addition, the speed tables and crosswalks
were part of the deal, this was supposed to be a neighborhood, super friendly
development. He understood the argument that at this time it is not known where
the devices should be located, but Mayor Hindman did not understand the argument
about delaying the installation of such to see if they are even warranted --
a concept he totally opposes. Mayor Hindman noted this situation is exactly why
the City encounters resistance to commercial developments in neighborhoods. Although
he credited the developer for taking on the problem of the ten foot sidewalk.
Mr. John did not believe that bicyclists would want to share
sidewalks with pedestrians. He noted the original proposal was presented as a
walkable village neighborhood development. That was the selling point to the
Council. Mr. John suggested that the developer could use the money that was saved
by not paving Club Village Drive to the correct width, as well as the money saved
on landscaping and the traffic calming devices to rebuild Forum Boulevard to
include bicycle and turning lanes. He suggested that either the developer put
in the traffic calming devices as required or figure out what the value is for
not doing the rest of the work and put it towards rebuilding Forum.
Mr. Loveless expressed concern that the proposed 3 foot high
concrete barrier in the middle of Nifong Boulevard would be hazardous to motorists.
He would rather see it torn out and replaced with the correct median.
Mr. Patterson said staff would be the first to admit that
the modifications from the original plan should never have been approved. He
remarked those changes were authorized by someone who did not have the authority
to do so and mistakes were made. He explained staff tried to come up with accommodations
in the current proposal to recognize those areas of responsibility.
Mr. Patterson stated that staff has concerns about raised
items on medians in traffic ways. Staff believes that in regards to Club Village
Drive not being built to the correct width is one of the least critical concerns.
He agreed that traffic calming devices were expected to be included as part of
the project to prevent cut-through traffic, although this was not something staff
had determined was necessary at the time the original plan was presented for
approval. In regards to Forum, Mr. Patterson said that too was an item approved
at the time when a lot of accommodations were being made (at the last minute)
and amenities being added. He noted the impact of the island and bicycle lanes
were not determined until after installed. He agreed that this should be corrected
as part of the development. Mr. Patterson reported the preferred solution would
be the widening of Forum to accommodate both bicycle and traffic lanes. But,
he commented that staff has tried to accommodate the developer with the opportunity
to present the 10 foot pedestrian way.
If the island on Forum did not exist, Mr. Janku asked if there
would still be a left turn lane created in the middle of Forum. Mr. Patterson
replied that was correct. He added that the island serves a very important purpose
to divert traffic at this location. He said the problem with the island is that
it simply does not allow for a through bicycle lane from there to the intersection.
A question was raised in regards to the six foot sidewalk.
Mr. Patterson indicated there was room between the six foot sidewalk and the
existing curb that would allow some widening without disrupting it.
Mr. Loveless spoke about the discussions of widening Forum
all the way from the north property line, or at least where the island is north
of the Nifong/Forum intersection, down to the Nifong/Forum intersection. Mr.
Patterson said that would be desirable, and just widening it where the island
is would help a lot, but would effectively still be too narrow for separate lanes.
Mr. Loveless understood that would eliminate any bicycle traffic on the street
itself, south of Club Village Drive. Mr. Patterson responded it would eliminate
a separate marked lane if it were not widened.
Mr. John believed the Council had two options. The first is
to come up with a dollar figure for fixing Forum, ask the developer to participate
in the cost for such, and require the developer to install traffic calming devices.
The second option is to ask for a dollar amount for the traffic calming devices
and the other savings, and then the City will put them in when traffic warrants
them. Mr. John thought the traffic calming devices and improvements to Forum
should be made now, and then the developer should be required to reimburse the
City for some of the things they did not put in.
Mayor Hindman was concerned about the landscaped median and
the expectations of the neighborhood. Mr. John believed the City should take
the responsibility of cutting out what was installed and replace it with a regular
landscaped median. Again, he said the developer could take what their savings
was and apply it toward "the fix" of it. The Council agreed the median should
be landscaped to serve as a visual break. Mr. Hutton was not in favor of any
kind of raised median. It was decided that meant ripping out what was there.
Mayor Hindman asked the Council what they thought about tabling
the issue until the next meeting to allow time for staff to talk with the developer
to come up with a solution based on cost sharing. Mr. John said that would be
his preference. However, he recognized that the Walgreens occupancy permit should
not hinge on this revision. Although occupancy permits for other businesses within
this development will hinge on final approval of the amended plan.
Mr. Patterson noted there is a problem in that staff cannot
accept the streets in the development which Walgreens abuts unless they are built
according to the approved plan. He pointed out the developer could issue a bond
for whatever improvements are necessary in order to get the certificate of occupancy
so Walgreens can open. Mr. Patterson reported that staff needs direction from
the Council as to what their expectations are and then they could accept a bond.
Regarding the traffic calming and the raised sidewalks, Mayor
Hindman said the bonding proposal is acceptable to him as long as it based on
the construction of such.
It was noted that Walgreens should not be held accountable
for the current situation, nor did the Council want to hold up their occupancy
permit.
Mayor Hindman made the motion that B406-01 be tabled to the
January 22, 2002, meeting with the idea that a resolution will be worked out
and presented to the Council that would include a landscaped median on Nifong,
widening Forum Boulevard, the traffic calming devices and raised sidewalks, and
that there will be a sharing of costs recognizing the benefits to the developer
of having saved some costs.
Mr. Boeckmann asked about the traffic calming devices and
whether they should be kept as part of the original plan or if they could be
covered by a bond. Mayor Hindman thought a bond would be adequate provided the
terms of the bond are that the devices will be put in.
Mr. John thought the Council should require that the traffic
calming devices had to be built within so many number of months. This could be
done as installing one device a year for a few years. Mayor Hindman said he would
include that in his motion.
The motion made by Mayor Hindman, amended by Mr. John, was
seconded by Mr. Coffman and approved unanimously by voice vote.
OLD BUSINESS
B389-01 Approving the replat of Lot
194 Broadway Farms, Plat 13.
The bill was read by the Clerk.
Mr. Beck explained that the Council had tabled this issue
at the last meeting in order for staff to respond to some questions regarding
setbacks and sidewalks.
Edgar Kinkaid, spoke on behalf of Boone National Savings.
He offered to answer questions.
Mr. John stated the Council expressed concern about sidewalks
and it turns out that most of them have been built and the others have been bonded
for. He noted the questions in regards to setbacks had been answered as well.
Mayor Hindman explained that the Council had received some
information which answered those types of questions.
B389-01 was read with the vote recorded as follows: VOTING
YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO
ONE. Bill declared enacted, reading as follows:
B398-01 Amending Chapter 12 of the
Code as it relates to the Commission on Human Rights.
The bill was given second reading by the Clerk.
Mr. Beck explained that the proposed amendments would update
the procedures for investigating and resolving complaints of discrimination.
Mr. Hutton asked if the fine assessed by passage of this ordinance
would be collected through Municipal Court. Mr. Steinhaus replied it would. He
explained that once the investigator has reviewed a complaint and made that recommendation
to the Human Rights Commission, they would then vote on whether or not they found
there was a probable cause that discrimination had occurred. The case would then
be referred to the City Prosecutor. Mr. Hutton asked how many cases are actually
heard by the Commission and about their disposition. Mr. Steinhaus said he has
seen none go to the City Prosecutor in the last few years, and there is usually
one case filed per month. He reported that generally the cases are solved through
early resolution.
Mr. Loveless noted that an attempt had been made to change
the ordinance to gender neutral language. He noted a discrepancy in Section 12-34
in reference to employment.
Mr. Loveless made the motion that B398-01 be amended by striking
the word "his" in Section 12-34 (a)(1)b. The motion was seconded by Mr. Janku
and approved unanimously by voice vote.
Referring to the staff memo, Mr. John asked about City ordinances
that do not match state statutes and whether the state commission would be obliged
to enforce the City's ordinance. Mr. Boeckmann replied that there are no state
agencies that enforce City ordinances. He explained that the state is mandating
that the City cannot set up our own procedure for enforcing ordinances other
than in Municipal Court. He noted that Municipal Court does not have the power
to reinstate an employee. If a person is found guilty of violating the ordinance,
the Judge can impose a fine or, theoretically, a jail term.
Ms. Crayton asked how patterns of discrimination are pinpointed.
Mr. Steinhaus replied that the City's investigator tries to gather as much pertinent
information as possible. After that is done, the investigator makes a recommendation
to the Commission. Mr. Steinhaus noted it is the Commission who makes the final
decision about whether or not there is probable cause and the subsequent course
of action.
B398-01, as amended, was given third reading with the vote
recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS,
JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B401-01 Authorizing an agreement with
Harold Johnson Companies for lease of office space at 310 E. Walnut;
appropriating
funds.
The bill was given second reading by the Clerk.
Mayor Hindman noted an amendment sheet which shows the actual
name of the owner.
Mayor Hindman made the motion that B401-01 be amended per
the amendment sheet. The motion was seconded by Mr. Hutton and approved unanimously
by voice vote.
Mr. Beck explained that the plan is to move the engineering
division of the Water and Light Department from the Police/JCIC building to the
offices that were previously leased by the Police Department during the renovation
of that building. The lease is for 5,100 square feet at a cost of $5,100 per
month for two years, with an option to renew for two additional years.
In reference to the lease document under the item pertaining
to rent, Mr. Loveless noted an incomplete sentence. He also noted that the Water
and Light Department is referred to as Power and Light Department.
Mr. Loveless made the motion that B401-01 be further amended
by striking the incomplete sentence and by changing Power and Light to Water
and Light. The motion was seconded by Mr. John and approved unanimously by voice
vote.
B401-01, as amended, was given third reading with the vote
recorded as follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS,
JOHN. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B402-01 Voluntary annexation of property
located on the north side of St. Charles Road, approximately 300
feet
west of the intersection of St. Charles Road and Upland Creek Road.
The bill was given second reading by the Clerk.
Mr. Beck explained that the owner of this approximate one
acre tract, which contains a single family dwelling unit on the property, is
requesting connection to the City's sewer system via the voluntary annexation
procedure. Informally, R-1 zoning is being requested.
B402-01 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B403-01 Approving the replat of Highland
Park Addition, Block VII.
The bill was given second reading by the Clerk.
Mr. Beck explained that this final plat involves City-owned
property, commonly referred to as the old Nowell's building. He noted the property
has to be divided into two parcels as the County is interested in utilizing part
of the building for use other than the City/County Health facility. Mr. Beck
stated that Lot 2 would be retained by the City and Lot 1 would incorporate the
City/County Health Facility and the Family Health Facility in a condo type of
arrangement on the east side of the property.
Mr. Janku asked about sidewalks. Mr. Beck replied the entire
property will be surrounded by sidewalks.
B403-01 was given third reading with the vote recorded as
follows; VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B407-01 Amending Chapter 11 of the
City Code by repealing Article III relating to beverage containers.
B408-01 Calling a special election pertaining to deposits on
beverage containers.
Both bills were given second reading by the Clerk.
Mayor Hindman suggested that the bills be discussed at the
same time, but noted they would be voted on separately.
Mr. Beck explained that the City Clerk had certified the initiative
petition received as having the required number of valid signatures. He said
the Council now has the opportunity to repeal the ordinance or place it on the
ballot allowing the voters to decide whether or not to repeal it.
Comments were called for with none received.
B407-01 was given third reading with the vote recorded as
follows: VOTING YES: NO ONE. VOTING NO: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON,
LOVELESS, JOHN. Bill defeated.
B408-01 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B409-01 Calling a municipal election
to be held April 2, 2002 to elect Council Members for Wards 1 and 5.
The bill was given second reading by the Clerk.
Mr. Beck explained the procedure for filing a petition to
run for Council. He noted the filing deadline as January 17, 2002.
B409-01 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN.
VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B410-01 Authorizing Change Order No.
Two to the contract with Curtis-Manes-Schulte, Inc. for construction
of
the Columbia Community Recreation Center; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that this change order involves several
items and totals $27,000, bringing the total contract amount to $9,048,316.68.
The original finance plan for the Recreation Center set aside 4% for possible
change orders. All such requests are reviewed by staff and the architect before
being submitted to the Council for approval. At this point, Change Orders No.
1 and No. 2 total approximately 1.5% of the budget.
B410-01 was given third reading with the vote recorded as
follows: VOTING YES: COFFMAN, HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN.
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.
B394-01 Calling for bids for the Spruce
Drive Street construction project.
B395-01 Calling for bids for construction
of a sanitary sewer force main at Columbia Sanitary Landfill.
B396-01 Authorizing Change Order No.
One; approving engineer's final report for the Parkade Heights/Creasy
Springs
Road Drainage Project.
B400-01 Accepting easements for utility
and water purposes.
B404-01 Approving the final plat of
Woodrail Subdivision, Plat #14.
B405-01 Approving the final plat of
Rock Bridge Christian Church; Plat 1; authorizing a performance contract.
B411-01 Appropriating funds for the
Mayor's Council on Physical Fitness and Health.
R1-02 Setting a public
hearing: reconstruction of Garth Avenue from Thurman Street north of Bear
Creek,
including
reconstruction of bridge over Bear Creek.
R2-02 Authorizing
an agreement with the University of Missouri for a joint research project
to evaluate
settlement
in the landfill.
R3-02 Authorizing
a memorandum of agreement with the Family Health Center and El Centro de
Salud for
health
and social services to Spanish-speaking individuals.
R4-02 Authorizing
an agreement with the Missouri Department of Health for the issuance of birth
and death
certificates.
R5-02 Authorizing
an agreement with the Missouri Department of Health for HIV/STD prevention
and
counseling
services.
R6-02 Authorizing
Addendum #1 to the agreement with Columbia EnterLight Ministries for the
rehabilitation
of
606 West Worley Street.
R7-02 Authorizing
an Agreement for Easement, Notice and Covenant Running with Land with the
Missouri
Department
of Natural Resources.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: COFFMAN, HINDMAN,
CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Bills declared
enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R8-02 Authorizing an interruptible service
agreement with Con Agg of MO, LLC.
The resolution was read by the Clerk.
Mayor Hindman noted an amendment sheet had been prepared which
would change the name of the provider.
Mr. Hutton made the motion that R8-02 be amended per the amendment
sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice
vote.
Mr. Coffman asked Mr. Malon to define the words power factor.
Mr. Malon said it related to kilowatts and kilovars -- with the power factor
being the ratio between the two.
The vote on R8-02 was recorded as follows: VOTING YES: COFFMAN,
HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R9-02 Approving Preliminary Plat No.
1 of Grantwood Village.
The resolution was read by the Clerk.
Mr. Beck commented that this 46.8 acre tract is located in
northeast Columbia. He added that both staff and the Planning and Zoning Commission
recommended approval.
Bruce Beckett, a local attorney, spoke on behalf of two of
the proponents of this plat, Jim Beck and John Welek. The applicants have the
northwest 10.5 acres of the property under contract with the current owner (Mr.
Godas). The rest of the acreage will be covered by this plat. Mr. Beckett reported
the applicants will be submitting a PUD plan and final plat in the near future
for the 10.5 acres. He explained that seven acres will be PUD-8 with a density
of approximately 5.9 units per acre, and the remainder of the tract will be developed
as single family residences. Regarding the green space easement consideration
requirement, Mr. Beckett indicated he could not speak for Mr. Godas, but it would
be consistent with what he has done on his property just to the north. He anticipated
this property owner's intentions would be the same when he brings back a final
plat for his portion of this preliminary plat.
Mr. Janku noted if there could be a trail easement, it would
fit into the City's plans for the area. Mr. Beckett said he was not aware of
any detailed discussion of it.
Mr. Hutton asked if it was a trail easement on the north.
Mr. Dudark responded that Mr. Godas deeded the property to the City. Mr. Hutton
commented that was better than an easement.
The vote on R9-02 was recorded as follows: VOTING YES: COFFMAN,
HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R10-02 Approving the Preliminary Plat
of Lake of the Woods South Phase 2.
The resolution was read by the Clerk.
Mr. Dudark explained that this approximate 114 acre tract
has recently been annexed into the City. The preliminary plat would create 242
residential lots and 14 commercial lots. Access would be from a new street to
the north which would connect to St. Charles Road and out to the I-70 Interchange
at Lake of the Woods. Mr. Dudark noted a second access through an existing subdivision
(Teton Drive), which connects with Grace Lane to the west and St. Charles to
the north. He explained that the County is in the process of working on the extension
of Grace Lane to Richland Road. The developer has noted on the plat that there
would be either common open space or City parkland with a greenbelt trail easement.
Mr. Dudark indicated the Planning and Zoning Commission is
recommending approval of this preliminary plat subject to a condition that stipulates
no final plats or C-P development plans shall be approved for any of the commercially-zoned
lots shown on the preliminary plat until such time as an agreement has been reached
among the developer, the City and MoDOT regarding plans for improvements to St.
Charles Road and to the I-70 interchange. Mr. Dudark noted that discussions are
currently ongoing between the groups to reconfigure the access at the interchange.
He described a couple of ideas they are looking into. He said the plan is to
move traffic further away from I-70 so there would be a major, signalized intersection
with room for stacking and turning movements between the interchange and the
main entrance to the commercial area. With that condition, Mr. Dudark explained
the Commission believed the preliminary plat is ready for approval.
Mr. John noted in Mr. Dudark's report and comments that staff
had listed five recommendations to the Commission. He said it would appear at
least three or four could be covered by a more generalized statement. Mr. Dudark
responded in regards to access from the residential area, the developers are
trying to find a way to get a third connection from the south to connect to Richland
Road or Grace Lane. He noted they basically ran out of alternatives, but the
developer is working with a property owner and Mr. Dudark is hopeful that third
connection will be made at some point. In the meantime, he said they are turning
their attention to the I-70 and St. Charles area and working with the commercial
area reconfiguration. That change in the recommendation does encompass several
of the conditions listed in the earlier report.
Besides the alignment, Mr. Janku asked if there would be other
cost sharing. Mr. Dudark thought that would be part of the agreement - traffic
signals, geometric changes, lane widening, turn lanes, etc.
Mr. Hutton asked about the condition of Teton Drive and Richland
Road. Mr. Dudark explained that Teton Drive is a 32 foot wide paved street in
the county. He stated Richland Road is a paved street without curbs and gutters,
but the county has made some recent improvements to it.
Brian Harrington, of Allstate Consultants, spoke on behalf
of the Partnership of Lake of the Woods South. He offered to answer any questions.
Mr. Hutton asked about the progress on a south or southwest
access into the site. Mr. Harrington stated the primary focus is to create an
extension to Richland Road. He explained the applicants do not own this land,
but they are working with that property owner to facilitate the extension.
Jerry Carrington, 729 Demaret, commented that Grace Lane dead
ends 40 feet from Richland Road. He also commented on the poor shape of the roads
in Lake of the Woods Subdivision. Mr. Carrington expressed concern about future
maintenance costs of these streets if they are not sealed and repaired.
Tom Mendenhall, with offices at 2909 Falling Leaf Lane, pointed
out that Grace Lane has been annexed into the City and that they did get the
necessary right-of-ways. He said both the City and County are in support of extending
Grace Lane to Richland Road. Mr. Mendenhall also reported that Teton Drive is
paved, curbed and guttered and it is their plan to extend Teton into the proposed
subdivision.
Mr. Hutton asked Mr. Mendenhall if he had any comments about
a south entrance. He thought it was extremely important to have another way into
the subdivision besides Teton. Mr. Mendenhall thought that Grace Lane would be
extended by the time the residential properties are finished. In addition, he
pointed out that Bull Run Drive and Patriot Drive are additional means of ingress/egress
to the subdivision on the north side. Mr. Mendenhall said one of the adjacent
property owners is very interested in allowing an easement through their property
to Richland Road. He believed that would occur sometime in the future.
Mr. Hutton said he would support this proposal, but still
believed that it needed another south entrance. In his opinion, Teton Drive is
not a viable way in and out.
The vote on R10-02 was recorded as follows: VOTING YES: COFFMAN,
HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R11-02 Authorizing an agreement with
CH2M Hill for engineering services necessary to rehabilitate Deep
Well
#10.
The resolution was read by the Clerk.
Mr. Beck explained that this is an innovative approach to
storing water at Well #10. The treated water is being stored underground and
pumped out during times of peak flow. He said Mr. Malon has been working with
DNR to get this type of permit issued in the State of Missouri. The estimated
cost on the second part of this project is $48,900 and will be funded through
the 1997 bond issue.
Mr. Malon reported CH2M would make some changes requested
by DNR in the previous reports, and they would also do the bid and construction
work, set up the test programs and proceed with collecting data on aquifer storage
and recovery.
Mr. Janku asked about the number of gallons that could be
potentially stored. Mr. Malon responded the aquifer could potentially store several
million gallons of water. Mr. Hutton asked if anything special was required to
build a pump into the system. Mr. Malon replied there are piping arrangements
made that will actually pump water back down under pressure. He said they are
also required to make arrangements for back flow.
Mr. Janku pointed out that this would be available not only
to meet peak demands, but would also be beneficial if there was a failure at
the treatment plant or a line break.
The vote on R11-02 was recorded as follows; VOTING YES: COFFMAN,
HINDMAN, CRAYTON, JANKU, HUTTON, LOVELESS, JOHN. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R12-02 Authorizing an amendment to
the agreement with The Curators of the University of Missouri for use
of
the Simmons Field Baseball Facility.
The resolution was read by the Clerk.
Mr. Beck explained that five years remained on the agreement
with the University for the City's use of Simmons Field for some of our baseball
programs. He said he had discussed the situation with Mr. Hood and they believed,
if the Council wishes to move forward with the request, that adult teams could
be reprogrammed to other fields. However, Mr. Beck pointed out that for the first
year, staff would probably have to program at different fields in the overall
baseball scheduling program. Before the University can move forward with their
plans, they need to know what the City's position is as to the use of Simmons
Field. Mr. Beck indicated this field is owned by the University and they could
buy the City out at the rate of about $7,000 per year. Since this issue came
up, he noted that correspondence had been sent to Mayor Hindman from the Grasslands
Neighborhood Association. That letter was forwarded to the various parties associated
with this proposal to ensure everyone is aware of concerns raised by that neighborhood.
Mr. Beck explained that this resolution would waive the City's
use of Simmons Field during the time the fields would be utilized by minor league
baseball teams. The consideration for the community is that it would bring more
recreation opportunities and would add sales tax and other benefits.
In light of concerns voiced by others, Mayor Hindman said
he had spoken with University representatives who had said they would work on
addressing the neighborhood's concerns. He plans to make a motion to continue
the issue to the next meeting after allowing other to speak.
Gary Wendt, spoke on behalf of a group of investors that would
like to bring a minor league baseball club to Columbia. He gave a brief overview
and passed around a presentation for the Council to consider. He spoke about
the entertainment value a club would have and about the significant financial
impacts to the City. At this point, Mr. Wendt explained that they need to obtain
a conditional waiver from the City for the use of Simmons Field. After that takes
place, he said they would sign a long-term lease for the field with the University
and pay them a non-refundable $34,800 front-loaded lease payment. From there,
he indicated they would hold final negotiations with the leagues and finalize
the financing package. Mr. Wendt pointed out that they would like to include
local ownership in the financing package. He reported that June 1, 2003, is the
projected opening day.
Jack Donovan, another investor, believed Columbia is ready
for professional baseball. He commented that his group projects that independent,
short season baseball is the way to go in Columbia. He added that short season
baseball works exceptionally well across the country when there is a university
involved. Mr. Donovan was aware of the neighborhood's concerns and he truly believed
they could work through those issues.
Calvin Keller, 1105 Vegas, explained that these people have
worked very hard for the last eight months on this project. He said they have
done everything asked of them by the University. He pointed out that they looked
at several communities, not only nationwide, but in the state of Missouri. Mr.
Keller believed the group could address the concerns expressed by the Grasslands
Neighborhood Association.
Brad Oxenhandler, explained that his plan differs from the
previous proposal for minor league baseball in Columbia. He believed both proposals
to have merit, but felt his proposal would bring the highest caliber of minor
league baseball to Boone County because it is designed to reap the greatest benefit
for the community. A packet was provided earlier to the Council containing the
details of his proposal. Mr. Oxenhandler explained that the plan is to bring
an affiliated single A, minor league ball club to town. He noted that they play
a long season and that this would require building a new, 4,000 seat stadium
at an estimated cost of $7.3 million. Of that amount, Mr. Oxenhandler explained
that the investors would finance one-third of the cost and that new taxes generated
at the ball park could fund a significant amount of any debt service the City
and County might incur.
Mayor Hindman thanked both groups for their interest in bringing
baseball to Columbia.
Jerry Carrington, 729 Demaret, spoke about Simmons Field and
its seating capacity. He said Simmons would fill a temporary gap and he would
be supportive of going with the second proposal. He pointed out some pros and
cons to having a ball team in town.
Mayor Hindman made the motion that the issue be continued
to the January 22, 2002, meeting. The motion was seconded by Mr. John and approved
unanimously by voice vote.
The following bills were introduced by the Mayor unless otherwise indicated, and all were given first reading:
B1-02 Rezoning property located on
the south side of West Worley Street, approximately 375 feet east of
Bernadette
Drive from C-1 to C-P; approving the C-P Development Plan.
B2-02 Approving the final plat of Mohr
Subdivision.
B3-02 Vacating easements within Lots
32 and 33 of Timberlane Subdivision, Plat 2.
B4-02 Approving the final plat of Timberlane
Subdivision, Plat 3, a replat of Lot 33 and part of Lot 32 of
Timberlane
Subdivision, Plat 2 and part of Lots 1 and 8 of Timberlane Subdivision.
B5-02 Vacating a sewer easement within
Shelter North Subdivision.
B6-02 Approving the final plat of Shelter
North Subdivision, Plat 2, a replat of Shelter North Subdivision.
B7-02 Amending Chapter 14 of the City
Code to establish a user fee for replacement of magnetic entry cards
for
the municipal parking plaza.
B8-02 Authorizing a right of use permit
with Missouri Network Alliance, LLC to run an underground fiber optic
line
on City right-of-way.
B9-02 Accepting easements for drainage,
street, sidewalk, sewer and utility purposes.
B10-02 Accepting a deed of dedication; approving
the engineer's final report; authorizing payment of differential
costs
for construction of water main serving Arcadia, Plat 6.
B11-02 Amending the agreement with Sverdrup for
water system improvements; appropriating funds.
B12-02 Accepting easements for utility purposes.
B13-02 Appropriating funds for the Tourism Development
festival and Events Program.
B14-02 Authorizing an agreement with Boone County
for JCIC clerical services.
B15-02 Appropriating revenue from the sale of a
fire department truck for the purchase of fire fighting equipment.
B16-02 Authorizing a lease agreement with the Columbia
Public Library for the display of LaColomba;
appropriating
funds.
REPORTS AND PETITIONS
(A) Intra-departmental Transfer of Funds.
Report accepted.
(B) Report of City of Columbia Volunteer
Hours.
Mr. Beck summarized the annual report which showed volunteers
with the City of Columbia logged 41,402 hours of service in FY2001. Substantial
hours were logged in the Parks and Recreation, Health, Police, Public Works and
the Volunteer Services departments. Based on the national value of volunteer
service at $15.39/hour, the calculated value to the community last fiscal year
totals $637,000. Mr. Beck pointed out that volunteers are becoming more of a
major resource that helps enhance the City.
Mr. Janku commented that the TreeKeeper volunteers are a very
hard working group and they have done a great job. He spoke about the issues
raised regarding landscaping on north Providence. He suggested the new TreeKeeper
graduates might be used for this project. Mr. Beck indicated he would look into
it.
(C) Request for Proposals for Rail
Terminal Trans-load Facility.
Mr. Beck pointed out that the City recently purchased 15 acres
on Brown Station Road, north of Route B for a rail terminal facility. This proposal
is a request for partnership between a private company and the City. He said
the City would actually lease the property to the successful private company,
who would construct a facility that could not only handle current City use, but
would increase the use of the short line railroad to enhance that program.
Mr. Malon reported staff has been working with some rail lines
and have identified companies that provide this kind of service in other parts
of the country.
Mr. Hutton wondered because the proposals are due on January
29th, whether it would allow someone to come up with accurate figures. Mr. Malon
responded he was hopeful that would be the case. He added that one company had
indicated that time was of the essence. Mr. Malon noted that the date could be
extended if necessary.
Mr. Janku asked about benefits to the City. Mr. Malon replied
that revenues would be generated for the railroad. In addition, if a facility
is constructed by a private company, there would be tax revenues to the City
and the School District from the operation.
(D) Farmers Market Proposed Long-term
Lease.
Mr. Beck explained that the Parks and Recreation staff has
been meeting with representatives of the Farmers Market in regards to a lease
arrangement for property at the old fairgrounds. He noted the group is on a tight
schedule to get an arrangement worked out. Mr. Beck reported this had been part
of the overall master plan for the site. He pointed out that the agreement would
not be with the Farmers Market, but with Sustainable Farms and Communities, a
relatively new corporation. The proposal calls for a 99 year lease, which is
longer than what the City has agreed to in relation to other facility lease arrangements.
Mr. Beck had a list of issues he wanted the Council to address before a lot of
time is spent working up a formal agreement. Mayor Hindman noted the Council
decided the issue would be discussed at a work session next Monday.
BOARDS AND COMMISSIONS
None.
COMMENTS OF COUNCIL, STAFF, AND PUBLIC
Mr. John commented that a gas line crew had been working in
his neighborhood on a cold night a week or so ago and they had ruptured a water
main. A water crew came out quickly and fixed the line. He thanked staff for
their efforts.
Mr. Loveless said he had received an inquiry from people concerned
about the traffic calming device north of Chapel Hill on Hatton. Residents are
already seeing an increase in traffic through that route. He realized that was
anticipated when Mills Drive was partially closed, but he asked if that could
be confirmed or otherwise dealt with. In addition, Mr. Loveless noted the temporary
device is not staying n place. He asked the staff to report back on both issues.
Mr. Loveless reported a constituent concern pertaining to
considerable traffic stacking at the intersection of West Boulevard and Stewart
Road during the evening rush hour. He wondered if there should be a four-way
stop at that location. Mr. Loveless asked for staff to let him know how to respond.
Mr. Hutton asked about the status of the chronic nuisance
ordinance. Mr. Boeckmann said he had received comments from the Police Department
on the preliminary ordinance and it should be on the agenda for the next meeting
as a report.
Mr. Janku suggested this issue be added to the agenda for
next Monday's work session. Mr. Beck said it could be put on stand-by.
Regarding the Lake of the Woods development, Mr. Hutton noted
that subdivision regulations require a certain number of platted lots having
two means of ingress and egress. He thought the wording might be a problem in
this case because one entrance is through a residential subdivision on a residential
street - possibly one that is not in very good shape. Mr. Hutton asked for a
staff report/opinion on the wording. He wondered if the wording should be changed
so that there has to be two ways in and out, and one cannot be a residential
street....or neither should be a residential street.
Mr. Hutton made the motion that staff be directed to report
back on the issue with opinions, problems, and recommendations. The motion was
seconded by Mr. Janku and approved unanimously by voice vote.
Ms. Crayton asked what improvements would be going on in the
First Ward this year as new homes are being built. Mr. Janku noted that the CDBG
Commission is scheduling meetings in the next few weeks and would be sorting
out priorities for the next round of CDBG funding. He thought that could address
Ms. Crayton's concerns. Mayor Hindman suggested that Ms. Crayton make choices
and bring them up at budget time as well as talking to the CDBG Commission.
Mr. Janku said a few years ago the Benton Stephens Neighborhood
Association had an "Old House Day" wherein businesses and City department were
invited to work on projects in this neighborhood. He asked if staff could put
together a similar program and perhaps host it in the First Ward. He suggested
including information about available programs for home ownership, home rehabilitation,
energy conservation, etc. Mr. Janku said private businesses could come in and
promote various products and services while touting home ownership.
Mr. Janku understood that the public hearing for the Garth
Avenue improvements had been set for February 18, 2002. He asked that the matter
be referred to the Bicycle/Pedestrian Commission for their input on the revised
plans that were drafted after the staff met with the neighbors.
Mr. Janku made the motion that the issue be referred to the
Bicycle/Pedestrian Commission for their input. The motion was seconded by Mr.
Hutton and approved unanimously by voice vote.
Mr. Janku asked for an update on the plans for Blackfoot Road.
Mr. Janku noted a property at 318 N. Garth having an accumulation
of trash. He said the fence is also falling down and now the cars can be seen
that are stuck in the back. He asked that enforcement action be taken to get
the property cleaned up. Mr. Janku indicated if there are some gaps in the ordinance
that would prevent the City from getting the property cleaned up, he would like
to know about them.
Dan Kuebler, 2001 Winchester, thanked the Council and staff
for moving on the proposal for the Farmer Market which was presented earlier
this evening. He was appreciative of the work session set for next week on the
issue.
John Clark, 403 N. Ninth, spoke about The Uniform Conservation
Based Building Code. He explained that it is a building code that addresses
the same safety issues the others do, but also recognizes things that can be
done to older buildings without the same requirements as new buildings. Mr. Clark
encouraged the Council to request a report to see if this might be appropriate
in Columbia.
Mayor Hindman made the motion that the staff report back on The
Uniform Conservation Based Building Code. The motion was seconded by Mr.
Coffman and approved unanimously by voice vote.
The meeting adjourned at 10:10 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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