INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, April 21, 2003, in the Council Chamber
of the City of Columbia, Missouri. The roll was taken with the following results:
Council Members JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN and CRAYTON 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 April 7, 2003, as well
as minutes of the special meeting of April 14, 2003, were approved unanimously
by voice vote on a motion by Mr. John and a second by Ms. Crayton.
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Mayor Hindman noted that the scheduled public comment by Mr.
Howe had been withdrawn.
The agenda, as amended, including the Consent Agenda, was
approved unanimously on a motion made by Mr. Loveless and a second by Mr. John.
SPECIAL ITEMS
None.
SCHEDULED PUBLIC COMMENTS
None.
Mayor Hindman welcomed Brian Ash to his first Council
meeting. He also introduced Heather Hampton who is a Rock Bridge High School
Senior. Mayor Hindman stated that Heather is an intern working with City
Administration.
PUBLIC HEARINGS
B74-03 Voluntary annexation of property
located on the west side of State Route 763, south of Brown School Road;
establishing permanent zoning.
Mayor Hindman announced that B74-03 had been withdrawn by
the applicant.
B96-03 Voluntary annexation of property located
on the west side of Providence Outer Roadway, approximately 100 feet
south of Corporate Lake Drive; establishing permanent R-3 zoning.
The bill was given second reading by the Clerk.
Mr. Beck noted that this 18.85 acre tract is in south central
Columbia and the Crestvale Mobile Home Park is located on the property. The Planning
and Zoning Commission recommended approval based on two conditions.
Mr. Dudark explained the conditions as follows: that the easement
documents for a cul-de-sac and pedestrian easement be provided to the City; and
that the contract purchaser enter into a development agreement providing for
the improvements of those facilities so a pedestrian connection would be possible.
He said both conditions have been satisfied.
Mr. Hutton asked if it would be possible to amend the performance
contract to add a stipulation that the City's 120-day eviction notice be put
into effect for the residents as opposed to the 60-day. Mr. Boeckmann understood
that eviction notices had already been given to some of the residents. He thought
if the Council approves the annexation request tonight, that City ordinances
would apply and the property owner would be required to give the 120-day notice.
To ensure that, Mr. Boeckmann said this stipulation could be added to the ordinance.
Mr. Hutton indicated that he would make such a motion following public comment.
Mr. John commented that he spoke to the applicant and he agreed
to the 120-days.
Mayor Hindman noted that an amendment sheet had been prepared
regarding the performance contract.
Mr. John made the motion that B96-03 be amended per the amendment
sheet. The motion was seconded by Mr. Loveless and approved unanimously by voice
vote.
Mayor Hindman asked about the width of the connecting pedestrian
sidewalk. Mr. Dudark thought it was a four-foot walkway and a ten-foot easement.
Mayor Hindman believed that to be too narrow. Mr. Dudark noted this walk is not
along a street. He pointed out that four-feet is the residential standard.
Mayor Hindman opened the public hearing.
Pat McKenzie, a resident of Crestvale Mobile Home Park, spoke
on behalf of Crestvale tenants. She commented that she received a 60-day eviction
notice last week, although she has been paying lot rent for the past 17 years.
She thought there were others who have been paying rent that were also sent a
60-day notice. Ms. McKenzie asked that all tenants be given 120-days if the annexation
is approved. She asked those present in favor of the 120-days to stand. Approximately
40 people stood.
James Valdick, a resident of Crestvale Mobile Home Park, thought
he had been treated unfairly, as had his mother and other relatives living in
the Park. He said they would have no place to go and needed time to figure out
what to do next.
Bill Arendt, 4100 Brown Station, said one could get the impression
that he had sent out mass eviction notices for reasons other than nonpayment
of rent in the past few weeks. He reported that he gave out two notices and felt
there were good reasons for doing so. Mr. Arendt said he was not opposed to granting
120-days, but was concerned about those not paying their rent. He did not think
these residents should live in Crestvale free of charge for another 120-days,
but he would respect the wishes of the City Council.
Mayor Hindman noted that the ordinance specifically states
that Mr. Arendt would have the right to exercise his normal landlord/tenant rights
in the event of non-payment of rent.
Jay Gebhardt, an engineer with The Civil Group, 1010 Fay,
displayed a conceptual plan showing the intentions of the developer if the annexation
is approved. Regarding the sidewalk issue, he said four-feet is shown, but he
had no problem with a five-foot sidewalk. With the R-3 zoning, Mr. Gebhardt noted
the developer could construct 329 units, however, 318 units are shown in townhouse
type apartments. He indicated these would be very similar to what is being constructed
on Broadway, just west of the D & H Drug Store.
Mayor Hindman inquired if there would be a sidewalk on outer
Providence Road. Mr. Gebhardt said there would be a five-foot sidewalk. Mayor
Hindman asked what the apartment buildings would look like. Mr. Gebhardt replied
that they are basically two-story, most would be eight unit townhouses where
the two bedrooms are upstairs with the living/family room and kitchen downstairs.
He related they are not stacked units, but attached horizontally. The buildings
will have brick on the lower floor and hearty plank siding on the sides with
hip roofs.
Bill Easley, 705 Cook, asked that the residents of Crestvale
Mobile Home Park be given six months to move.
Mayor Hindman closed the public hearing.
Mr. Hutton made the motion to amend B96-03 as follows: add
the following language to Section 7, "This zoning is subject to the condition
that property owner provide all tenants to be evicted notice of such eviction
at least 120 days prior to requiring such tenants to vacate the property due
to a change in use of the property. Nothing in this section shall prohibit property
owner from evicting a tenant with less than 120 days notice for a violation of
a lease or as otherwise provided by law."; and further that Section 1-11.108
be changed to 1-11.106.
Mayor Hindman asked that the performance contract be amended
to include a five-foot sidewalk. The motion made by Mr. Hutton, added to by Mayor
Hindman, was seconded by Ms. Crayton and approved unanimously by voice vote.
B96-03, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN,
CRAYTON. VOTING NO: NO ONE. Bill declared enacted, reading as follows:
B97-03 Rezoning property located at
the southwest corner of the Smiley Lane and Providence Road intersection
from C-3 to R-3.
The bill was given second reading by the Clerk.
Mr. Beck explained that this 10.5 acre tract is located in
north central Columbia. Both staff and the Planning and Zoning Commission recommended
approval.
Mayor Hindman opened the public hearing.
Bill Crockett, 2608 N. Stadium, commented that the reason
for this down zoning is due to the decrease in commercial demand.
Mr. Janku asked about the plans for the R-3 tract to the south.
Mr. Crockett responded that both this tract and the one to the south will be
constructed as one development and the plat is presently being reviewed by staff.
Mr. Janku inquired about the total number of units that will be developed on
the two tracts. Mr. Crockett reported that 56 units are planned for both tracts.
Mayor Hindman closed the public hearing.
Mr. Janku understood that duplexes could be constructed on
the tract in question with the C-3 zoning. Mr. Dudark agreed with that comment,
but at a non-residential street standard. The rezoning would apply a residential
street standard.
Mr. John noted discussion at the preliminary plat stage about
the cut through on the corner street. He asked if that was being taken care of
through the final plat. Mr. Dudark responded that the final plat shows a revision
to correct this problem.
Mr. Janku did not believe duplexes at this location is a good
idea, particularly because of the size of the development. However, the City's
pyramidal zoning would allow the development of duplex units on the property.
B97-03 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO:
NO ONE. Bill declared enacted, reading as follows:
B100-03 Authorizing Change Order No.
One; approving the engineer's final report; levying special assessments;
appropriating funds for the Spruce Drive Improvement Project.
The bill was given second reading by the Clerk.
Mr. Patterson explained Spruce Drive to be a local residential
street approximately 1,200 feet wide. The improvements consisted of constructing
a standard residential street at 32 feet in width within the existing 50-foot
right-of-way. The project also included a sidewalk along the entire length of
the south side of the roadway, landscaping and storm drainage improvements as
well as other utility improvements that were necessitated by the project.
Mr. Patterson reported a public hearing was held on March
6, 2000, with the project being initiated by petition of property owners abutting
the street. The total project cost was $280,840.25 with funding to be from capital
improvement funds appropriated for this purpose, special assessments against
the abutting properties, and from utility funds based on the portion of work
that has been done on behalf of those utilities. Under current ordinances, Mr.
Patterson explained that abutting property owners along residential streets,
outside developing subdivisions, may be tax billed in an amount equivalent to
the local pavement portion of the street. That amount is based on the average
cost for the two preceding years based on City contracts and construction cost
for that work. At the time of the public hearing, he noted a maximum tax bill
rate had been set at $30.00 per foot. The actual assessment being proposed is
$26.92 per foot. He noted that no through lot relief is applicable to this project.
The thirty separate parcels show tax bills ranging from approximately $2,400
to $3,500. Mr. Patterson noted that property owners have the option of paying
off the assessments over a ten year period. Approximately $68,785 of the total
cost would be generated by tax bills if assessed at the rate proposed.
Mr. Patterson explained for the Council to determine whether
special benefits have accrued to the properties, he suggested they consider that
the new curb and guttering will provide for better overall stormwater management,
the project improves the appearance and maintainability of the properties, the
new driveway approaches provide for improved access to the properties, the sidewalks
improve the pedestrian circulation and flow through the neighborhood, and there
will be less wear and tear on the vehicles due to the improved street surface.
Additionally, the City would be better able to maintain the street as far as
snow removal and street cleaning.
Mayor Hindman opened the public hearing.
Ruth Walters, 2611 Spruce, commented that the street was an
improvement, but her property values went down because the City allowed a neighborhood
to build behind her house which created stormwater problems. She reported that
her patio was lowered, however, she still has a channel of water which attracts
mosquitos in the summer. Ms. Walters asked that a water line be placed under
the street. The construction company had told her they would reseed, but she
said grass would never grow because of the constant water running through her
backyard.
Mr. Ash asked Ms. Walters if she was saying that her problems
were created by the street improvements. Ms. Walters said no, it was because
of the neighborhood that was allowed to go in behind her home.
Alexandra Walters, her daughter, clarified that as part of
the street improvement, some changes were made to her mothers house (a gutterway).
She said the backyard was lowered so the water could flow easier into the gutters.
Subsequent rains have eroded her mother's land into the gutter. Ms. Walters reported
that the company came back to reseed by putting hay under a netting, which still
keeps washing away.
Mr. Ash asked Mr. Patterson if he was aware of this situation.
Mr. Patterson indicated that staff sent letters to property owners asking if
they had any remaining problems with the project work. He stated that no responses
were received. However, he related that would not keep staff from going back
to ensure that all problems are corrected. With regard to re-seeding or establishing
regrowth of the grass, Mr. Patterson stated the work is under warranty for a
year. Regardless of the cause of Ms. Walters' problems, staff will investigate
the situation and report back to the City Manager.
Mr. Hutton was uncomfortable to vote on the issue until more
is known about the problems referred to by Ms. Walters. He asked whether staff
would object to this being tabled for two weeks. Mr. Patterson replied there
is no pressing time line. Mr. Hutton commented that Ms. Walters' problems may
have nothing to do with the street construction, but he would like to know that
for sure.
Mr. Hutton made the motion that B100-03 be tabled to the May
5, 2003, meeting. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
B102-03 Authorizing Change Order No.
One; approving the engineer's final report; levying special assessments;
appropriating funds for the 2001 Annual Sidewalk Project.
The bill was given second reading by the Clerk.
Mr. Patterson explained that last year's annual sidewalk construction
program included nine segments of sidewalk. He noted that four segments are subject
to tax bills. These include Dorothy Dean Drive, Chapel Hill Road, Portland Street
and Smiley Lane.
Mr. Patterson reported that property owners were given notification
of the project and provided ample time to construct sidewalks on their own. A
public hearing was held last year at which time the Council authorized the construction
and the work was done by contract. Mr. Patterson pointed out there were several
other segments of sidewalks where the property owners constructed their walks
privately and are, therefore, not included in the construction project.
Mr. Patterson stated that In August of 2001, a public hearing
was held where a special assessment maximum levy was set at $5.00 per square
foot. On Dorothy Dean and Portland, he noted the actual construction cost was
greater than $5.00 but the City is paying the difference. Mr. Patterson indicated
all of these walks are considered to be the total responsibility of property
owners and subject to the maximum tax bill.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B102-03 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B111-03 Authorizing landscape improvements
between Route B and the COLT Railroad south of the Brown Station Road
intersection.
The bill was given second reading by the Clerk.
Mr. Beck explained that the City's 1995 one-quarter cent sale
tax includes a level of funding that would provide for landscaping each year.
He said a priority list was put together and incorporated in the CIP. The Council
asked staff to consider landscaping along Route B. The budgeted amount for this
project is $14,000.
Mr. Janku asked how far south the project would extend from
Brown Station Road. Mr. Hood said it extends between Brown Station Road and Mexico
Gravel Road. He said the planting would primarily be shrubs, oriental grasses
and a few trees. Mr. Janku inquired if staff looked south of Vandiver. Mr. Hood
did not believe so, he related staff was looking at what they could get for this
amount of funding within the identified area. Mr. Janku asked about the amount
of remaining funds. Mr. Hood believed the amount to be $20,396 before this expenditure.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Mr. Janku commented that this will be a nice improvement,
but also wanted the strip south of Vandiver, towards the Business Loop, landscaped
at some point.
B111-03 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
PR76-03 Amending the guidelines for
the Convention and Visitors Bureau Tourism Development Fund Event and
Festival Program.
The policy resolution was given second reading by the Clerk.
Ms. Steiner explained a sub-committee from the overall Advisory
Board had been formed to meet with festival organizers to address concerns about
the process and guidelines for obtaining funding for their events. She said the
group did a lot of work and made recommendations which are enumerated in the
Council memo.
Rod Gelatt, 1020 LaGrange Court, Advisory Board member, reported
the group has tried to refine and improve the overall process. He reviewed the
proposed changes. The first recommendation was to establish a $15,000 funding
cap for any individual festival or event. The next change would eliminate the
requirement to include the cost of advertising in applications submitted for
funds. Instead, the C & VB will promote festivals and events through an extensive
radio and print campaign. The third recommendation is that the Board will contract
for professional surveys for each festival to get a better handle on the public's
response to the various festivals and whether they are increasing overnight visitation.
The last change would refine the scoring process by ensuring a more thorough
review to establish an objective and equitable assessment of each application.
Mr. Gelatt stated that the Board very much supports the funding of festivals
and events as they consider them to be important to Columbia's tourism development.
Although, the Board needs a better way to monitor the impact that funding has
on the ability of festivals and events to generate more tourism and overnight
stays.
Mr. Janku asked about funding above $200,000. Ms. Steiner
replied the Tourism Development Fund was created for the promotion/enhancement/development
of festivals and events and attractions. She said that portion of the funds deals
exclusively with festivals and events. Any money not allocated for this portion
of the fund goes into a separate fund and will be used for attraction development
or capital projects. Ms. Steiner indicated that this accrual has averaged about
$125,000 for the last four years. Mr. Janku referred to the $20,000 reserve and
understood it would come from the initial $200,000; therefore, a total of $180,000
in funding would actually be available. Ms. Steiner agreed with that assessment
and said that the Board believes the professional surveying will be very important
to determine the impact the festivals and events have on Columbia. She noted
the festival/event coordinators can include their own questions in the surveys.
Mr. Gelatt added that the $180,000 that would be left would be about the same
as what was allocated last year.
Carrie Gartner, spoke on behalf of the Central Columbia Association,
11 S. Tenth Street. She stated this organization supports several of the recommendations
outlined, specifically the ones designed to make the process more objective.
She said they do have serious concerns about the $15,000 cap per event. Ms. Gartner
reported the Advisory Board has criteria which defines the various events. She
maintained that based on this criteria some groups can submit multiple applications,
whereas others are prohibited from doing so. This results in some organizations
being able to circumvent the cap. The Central Columbia Association suggests setting
aside a percentage of the total funding in separate accounts - one for festivals
and one for events. Ms. Gartner stated the end result of doing such would mean
that small, volunteer run festivals would not be competing head-to-head with
large sporting events. It would also ensure that a certain amount of funding
will actually be reserved for festivals. Breaking it down that way would also
ensure that the Columbia tourism industry is varied and that there is a wide
range of activities for people to participate in when they come to town.
Mayor Hindman asked how much funding the Twilight Festival
has received over the years. Ms. Gartner responded they received $15,000 in the
first year, $10,000 the next year, and this coming year they received $9,000.
Mayor Hindman questioned if this funding was for both the spring and fall festivals.
Ms. Gartner indicated it was for all eight festivals. Mayor Hindman inquired
if the group had been told they had to combine the spring and fall festivals.
Ms. Gartner replied that had never come up until just recently at the meetings
held with the Advisory Board regarding the new guidelines. She had specifically
asked how Twilight Festivals could submit applications. She was told that Twilight
Festivals should submit one application. Mayor Hindman noted that one of the
changes is that the Board would be paying for advertising. He asked if any calculations
had been made with respect to how valuable that might be. Ms. Gartner said they
spent about 10% of their budget last year on advertising.
Mr. Loveless asked if the different groups could still spend
grant money on advertising. Mr. Gelatt replied that the budget request has to
show an itemized listing of expenses. He said the groups are no longer required
to include an advertising component. If the organization wants to spend their
own money to advertise in addition to what is spent by C &VB, Mr. Gelatt
said that would be acceptable.
Mr. Hutton wondered how C &VB would determine how much
money to spend on advertising. Ms. Steiner explained that they have an approximate
$70,000 to be used in a three-state radio advertising campaign plan. She stated
this would include the various festival and events through the fall. Last year
they spent about $40,000 in print advertising for festivals and events. This
would be an expanded campaign. Mr. Hutton did not feel advertising in a three-state
area for the Twilight Festival made much sense. Ms. Steiner responded that the
Bureau is trying to generate activity from outside the area and create interest
in the market. She reported the advertisement would include information about
the Katy Trail and downtown area. She said then there could be another spot that
might just refer to the Twilight Festival.
Mayor Hindman asked about local advertising for the Twilight
Festivals. Ms. Steiner said they advertised in the Tribune last year and placed
ads in a Mid-Missouri travel magazine. She noted they do not normally place ads
locally as she thought that was something the Twilight Festival's local media
sponsors handle. She stated that most festivals have a local television, newspaper,
or radio sponsor. Ms. Steiner related that C & VB's focus needs to be on
reaching people outside the market.
Mr. Janku requested that Ms. Steiner address the policy in
regard to multiple events. Ms. Steiner reported that the Board struggled with
the definition of an event and multiple application issue. She said they finally
decided it was more a matter of the changes that should be made in the process
and not so much the multiple application issue. Ms. Steiner indicated that anyone
can submit multiple applications. She believed it was stated that an event submitted
a multiple application. She clarified that an organization submitted applications
for different events. Ms. Steiner reiterated that anyone can submit multiple
applications for different events and they all will be judged on individual merit
based on the guidelines. She agreed that the process needs to be tightened up,
and said they had worked very hard to do just that.
Mr. Gelatt pointed out that $1,500 would be allocated from
the Tourism Development fund for each applicant to contract for professional
surveys to find out where people are coming from and whether it results in overnight
visitation. He said that would give them a better data base in future years to
gauge whether these events and festivals are indeed generating overnight visitation.
Ms. Crayton noted that the guide did not contain events she
was familiar with. Ms. Steiner explained that many events in the City do not
make the guide. She said they have a calendar of events and an on-line calendar
that touch on the hundreds of one or two-day events that take place in Columbia.
Ms. Steiner suggested that Ms. Crayton let her office know about the events she
was referring to so they can be included in the Bureau's informational venues.
Greg Ahrens, 1504 Sylvan, a member of the First Night Board,
explained they sponsor the only sanctioned foot race in the United States on
New Year's Eve. He said they get a lot of people from different states and knew
the race generated a lot of overnight stays. He supported the Bureau's advertising
for the various events as long as it is applied equitably.
Mr. John had no general problem with changing the guidelines,
but he was a bit concerned about groups not bringing in a certain amount of overnight
stays might not receive any funding. He did not want the focus to be on overnight
stays to the point that the generalized idea of the tax -- to support festivals
and events -- is lost.
Mayor Hindman agreed with Mr. John and said overnight stays
should be one criteria, but another thing is to ensure that we are recognized
for our festivals and to make it more appealing to come to Columbia than to go
elsewhere in the state. He thought the guidelines made a lot of sense, but felt
in judging and funding these events, the overall community interest in them must
also be taken into consideration.
Mr. Hutton asked if he understood that Ms. Steiner's group
was going to contract for the professional surveys during each event. Ms. Steiner
said that was correct.
Mr. Loveless inquired how the Bureau could ensure equitable
advertising for each event. Ms. Steiner explained that the radio plan is very
specific to the events themselves.
The vote on PR76-03 was recorded as follows: VOTING YES: JANKU,
HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Policy resolution
declared adopted, reading as follows:
R91-03 Approving amendments to the
FY 2003 Action Plan.
The resolution was read by the Clerk.
Mr. Beck explained that in March the City received notification
of our allocation for the 2003 HOME and CDBG programs. He reported that HOME
funding is $93,304 above what was expected while CDBG funding is $25,000 less.
He also noted that money was left over from some projects and can now be reallocated.
Mr. Beck stated of the funds being proposed for reallocation, staff suggests
that $290,000 in additional CDBG funds be allocated to the Health Facility so
those increased costs could be addressed. It is suggested that $96,000 of HOME
funds be made available for housing units, primarily to the Boone County Group
Home.
Regarding the Garth/Business Loop crossing, Mr. Janku noted
that the suggestion was that if it is not funded out of CDBG funds, that it could
be funded out of unobligated 2002 sidewalk funds. He asked how the Council could
make that happen. Mr. Dudark thought a list of projects would have to be submitted
to the Council for the use of those funds. He believed there to be $75,000 available.
Mr. Janku questioned where the $41,000 in funding proposed
to be allocated to the Health Facility would come from, and whether the public
improvement fund might be one source. Mr. Beck reported the City sold some bonds
for the study of the Daniel Boone Building and for other public building work.
Some of the funding for the Health Facility is from those special obligation
bonds. Mr. Janku wondered if more than $41,000 could be funded if the Council
elected to defer some projects. He noted there is $73,000 in left over contingency
HOME funds. He inquired if it would be possible to free up some of the CDBG funds
that are set aside for home ownership assistance since HOME funds can also fund
that or housing rehabilitation projects. Mr. Dudark responded that home ownership
assistance funds are being placed in the HOME account, but they have different
requirements. He indicated there is $25,000 remaining to transition from the
CDBG to the HOME Program. In the future, Mr. Dudark said staff plans on using
HOME funds almost exclusively for home ownership assistance. He explained there
has to be a deed of trust recorded when you use HOME funds and they have notified
people of the transition period to switch over from CDBG to HOME funds. For that
reason, staff did not want to implement that immediately.
Mayor Hindman opened the public hearing.
Art Dyer, 2723 Pine Drive, Chairman of the Board of The Intersection,
explained they are a non-religious charitable organization registered with the
IRS as a 501 C (3) corporation with a mission of community development. He explained
that Grace Covenant Church currently meets in property adjacent to the site of
The Intersection, and a year from now they are hoping to convert that space into
a neighborhood grocery store. At that time, The Intersection building will become
the meeting place for Grace Covenant Church. The Church will be renting space
from The Intersection until they have their own sanctuary built on their property
at Garth and Sexton. The agreement The Intersection has with the state is to
provide activities Monday through Friday. Mr. Dyer reported that over 110 separate
individuals have donated over 700 hours of time to build the Center. He explained
that the Community Development Commission voted 6-1 to give The Intersection
their full request for CDBG funding. He said The Intersection could use any unprogramed
money left over from previous years.
Dana Battison, 7200 E. Highway WW, spoke on behalf of The
Intersection. She noted that because of poor infrastructure at the corner of
Garth and Sexton, The Intersection will need to replace the City's water line
so that water pressure will be adequate to support fire plugs. The sidewalk will
also have to be dug up since the water line is under such. Ms. Battison reported
that The Intersection will be located in a low income neighborhood. Their goal
is to bring as much vitality, life and interest to the area as possible. She
suggested the Council reallocate the public infrastructure money from the Third
and Fourth Avenue overage to The Intersection to be used to replace the water
line. The replacement line would not just benefit her organization, it would
allow for the installation of four fire plugs that would be placed on Sexton
Road to the benefit of Ridgeway School. Ms. Battison noted that the sidewalk
in this area is in very poor condition and contains gaps. She asked that unallocated
sidewalk funds be used to replace the walk in this area. Ms. Battison pointed
out that they have raised over $191,000 in 14 months in commitments, materials
and cash donations to build their building. She said it was all privately funded,
they received no government funding whatsoever. They now also have professional
services that must be paid for and asked if there was any way that some of the
capital funds they requested last spring could be reallocated. Ms. Battison reported
they requested $50,000 toward the building, which is the amount also needed for
professional services. Any portion that could be reallocated would be appreciated.
James Peece, 301A Benton, said there was no need to cooperate
with any type of development in this area.
Mayor Hindman closed the public hearing.
Mr. Janku asked if the waterline could be replaced without
tearing up the sidewalk. Mr. Patterson understood that it would tear up the sidewalk
which is not in good condition to begin with. Mayor Hindman asked about the clay
waterline and whether it was defective. Mr. Malon suspected it could be possible
to put in a different water line rather than abandoning the one under the sidewalk.
One way or the other, he said the waterline would have to be replaced. Mr. Malon
related that his department has no plans to replace the line at this point, but
because of this development, he understood the Fire Department is requesting
that the fire hydrants be installed. In order to meet fire flow requirements
to feed the hydrants, the water line would have to be increased. Mr. Malon spoke
about the City's policy of those requesting the service have to pay for the upgrade.
Mr. Hutton felt the Fire Department should pay for the hydrants.
Mr. Loveless agreed. Mr. Hutton thought the basic question was the cause of the
fire hydrant request, is it simply to provide fire coverage for this development
or is it of benefit to the entire neighborhood. Mr. Janku noted that Oak Towers
is across the street. Mr. Loveless pointed out that Ridgeway School is also nearby.
Mr. Janku thought there was money in the ballot issue for reconstruction in older
parts of town. Mr. Malon said there is approximately $140,000 left in the bond
fund. The original item was to replace four-inch mains in the downtown area,
and not all of them have been done yet.
Ms. Crayton asked if there was adequate pressure for Oak Towers.
Mr. Malon believed there to be adequate fire protection around Oak Towers from
the time it was built. He said the Fire Department is asking that hydrants be
added for this additional development. Mr. Beck said when someone comes in for
a building permit for a change of use from single family to multi-family, they
cannot obtain a permit until certain fire flows and standards are met. He said
there is adequate pressure for what is there presently, but probably not for
an assembly building.
Mr. Janku asked if this was something required or just suggested
by the Fire Department. Mr. Dudark replied that the Fire Department had said
there needs to be 1,500 gallons per minute before the building could be occupied
for fire protection purposes.
Mayor Hindman said The Intersection was very appealing to
the Council as a project because it was going to provide a community recreation
center, after school programs, etc. He said the group has done well and raised
a considerable amount of money. Mayor Hindman felt the City as a whole would
benefit from this project. He thought it would be an appropriate use of CDBG
money.
Mr. Janku asked about tearing up the sidewalk to replace the
water main. Mr. Malon said it could be difficult to dig a trench big enough to
put in a good sized water main without damaging the sidewalk and staying within
the right-of-way. Mayor Hindman thought The Intersection might be willing to
give extra right-of-way for that purpose. Mr. Malon said that would probably
work.
At this time there was a discussion about which funds to reallocate
and for which projects.
Mr. Janku made the motion that R90-03 be amended by taking
the $23,000 for the waterline out of the contingency fund, that $25,000 for the
sidewalk, if needed, come out of the Ward 1 Sidewalk Improvements, and then reduce
the Health Facility funds from $290,000 to $270,000 in order to fund The Intersection
project request. The motion was seconded by Mr. Loveless and approved unanimously
by voice vote.
Mr. Janku ascertained that the Garth/Business Loop project
could come out of the 2002 sidewalk funds.
The vote on R91-03, as amended, was recorded as follows: VOTING
YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE.
Resolution declared adopted, reading as follows:
OLD BUSINESS
B99-03 Approving the final plat of Pratt's
Subdivision, Plat 4, a replat of part of Lot 6 of Pratt's Addition.
The bill was given second reading by the Clerk.
Mayor Hindman noted a request to table this issue.
Mr. Loveless made the motion that B99-03 be tabled to the
May 5, 2003, meeting. The motion was seconded by Mayor Hindman and approved unanimously
by voice vote.
B103-03 Amending Chapter 24 of the
City Code as it relates to depositing dirt and other material on city
streets and sidewalks.
The bill was given second reading by the Clerk.
Mr. Patterson explained the purpose of this recommended amendment
is to give staff another tool to try to deal with mud being brought out onto
the streets from construction sites. Under the current ordinance, there are provisions
where staff can declare it a safety hazard and City crews can be sent out to
clean it up. But there is nothing to keep it from happening again an hour after
the crew is gone. Mr. Patterson reported that it became a real problem this spring
on Old 63 where the apartments were being built. He commented that this amendment
would give the City the authority to issue stop work orders on construction projects
until action is taken to mitigate the mud. He noted that could be done by putting
down gravel pads or a foundation of some type before the equipment goes out onto
the street.
Mr. Hutton asked if someone doing fill work on a property
is regulated by a land disturbance permit. Mr. Patterson replied that it is usually
regulated by a clean fill permit that governs erosion and runoff. Mr. Hutton
understood it would also regulate mud on the street. Mr. Patterson replied affirmatively.
Mr. Ash asked if the City would still have the option of cleaning
the street up and charging for the cleanup. Mr. Patterson said we would, this
would simply be an additional tool in the event of no response. Mr. Ash questioned
if there would be a number of times before a stop work order would be issued.
Under current policy, Mr. Patterson explained that notification is hand-delivered.
If staff gets a prompt response to it, no further action is taken. A stop work
order would be issued as a last resort.
B103-03 was given third reading with the vote recorded as
follows: VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B112-03 Amending various chapters of
the City Code pertaining to city boards and commissions.
The bill was given second reading by the Clerk.
Mr. Beck explained that late last year the attendance provisions
were amended for three commissions. This bill would make similar changes to ordinances
governing other boards and commissions.
Mr. John asked if this would pretty well cover all of the
other boards and commissions. Mr. Boeckmann thought it covered all except the
fire and police pension boards. He indicated that staff is making comprehensive
changes to those chapters and this same change will be made to those boards before
too long.
B112-03 was given reading with the vote recorded as follows:
VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. 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.
B98-03 Approving the final
plat of Keene Estates, Plat No. 17.
B101-03 Authorizing Change Order No.
One; approving the engineer's final report for the Park de Ville and Ash
Street sidewalk project.
B104-03 Calling for bids for construction
of the MC-6 Sewer Extension, an 80-acre point sanitary sewer serving The
Cascades Subdivision.
B105-03 Amending Chapter 27 of the City
Code relating to the electric thermal storage rates.
B106-03 Authorizing Change Order No.
Two to the contract for construction of a water storage reservoir and high
service pump station.
B107-03 Confirming the contract of Combs
Construction Company, Inc. for construction of water main along Oakland Gravel
Road from Starke Lane to Gregory Heights Subdivision.
B108-03 Accepting easements for water
and electric utility purposes.
B109-03 Accepting a grant from the State
Emergency Management Agency to establish a Citizen Corps; appropriating funds.
B110-03 Authorizing an agreement with the Missouri
State Safety Center for the Missouri Police chiefs Association Step Grant;
appropriating funds.
B113-03 Authorizing an agreement with
Boone County and Boone Electric Cooperative for support of the geographic
information system.
R77-03 Setting a public
hearing: improvements to the Antimi Sports Complex.
R78-03 Setting a public
hearing: voluntary annexation of property located on the north side of St.
Charles Road, approximately 100 feet east of Upland Creek Road.
R79-03 Setting a public
hearing: voluntary annexation of property located on both sides of Teton
Drive, on the south side of Yosemite Avenue.
R80-03 Setting a public
hearing: voluntary annexation of property located on both sides of Bethany
Drive, east of Scott Boulevard.
R81-03 Setting a public
hearing: voluntary annexation of property located on the northwest corner
of Wyatt Lane and Opal Drive.
R82-03 Setting a public
hearing: voluntary annexation of property located on the southwest corner
of St. Charles Road and Grace Lane.
R83-03 Setting a public
hearing: replacement of the Water Distribution Operations Building and related
improvements.
R84-03 Consenting to an
assignment of the lease agreement for PCS tower space at City Fire Station
6.
R85-03 Authorizing application
to the Missouri Department of Social Services for an Emergency Shelter Grant.
R86-03 Renewing agreements
with the Missouri Department of Corrections to provide tuberculosis screening,
Hepatitis B and influenza vaccinations.
R87-03 Renewing an agreement
with The Curators of the University of Missouri for undergraduate nursing
student clinical opportunities.
R88-03 Amending existing
city contracts with health and welfare benefit providers to comply with the
Federal Health Insurance Portability and Accountability Act privacy rules.
R89-03 Transferring funds
from Public Works to Water & Light for extension of water line along
Peabody Road; transferring fixed asset from Public Works to Water & Light.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: JANKU, HUTTON, LOVELESS,
JOHN, ASH, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bills declared enacted and
resolutions declared adopted, reading as follows:
NEW BUSINESS
R90-03 Authorizing an agreement with
Black & Veatch Corporation for engineering services for the Sanitary
Sewer Utility Master Plan, Flow Monitoring and Centrifuge Procurement.
The resolution was read by the Clerk.
Mr. Beck explained that a committee interviewed consultants
after proposals were taken. He asked Mr. Patterson to explain the three part
engineering program.
Mr. Patterson reported the last time a major study of the
system, including infiltration inflow monitoring, was performed in the late 70's.
Since then, the Facility Plan has been amended several times, but this particular
plan is what they hope will be the blueprint for the next 20 years. He said it
will provide direction on wastewater treatment and system expansion, funding
options and probable costs. Mr. Patterson commented the Master Plan would also
provide staff with a tool which will be very essential to Columbia in the future
to provide a model to properly size and anticipate the impact of growth on the
system in the City's treatment facilities. He mentioned that these parts are
somewhat interdependent upon progress in that the Master Plan will address the
preferred options and alternatives for wastewater treatment.
Mr. Patterson reported the flow monitoring in the first part
of the project will be done on the City's larger diameter sewers in order to
determine the design parameters for wastewater treatment facility improvements,
as well as calibrating the hydraulic model of the sewer system. The second phase
will include additional flow monitoring so the consultant can make the hydraulic
model more accurate and detailed. A second supplemental flow monitoring period
will target areas in the sewer system that were identified as potential problem
areas. Mr. Patterson indicated that part three of this project consists of professional
engineering services associated with the procurement of a centrifuge. He noted
that one centrifuge replacement has been budgeted for, but staff thought it should
be held up until the Master Study is done to determine the options of whether
an existing facility should be upgraded, a new treatment plant should be built,
or a treatment plant should be upgraded and built in a separate location. Assuming
the option will include upgrading, staff would then proceed with procurement
of the sludge-thickening centrifuge. Mr. Patterson stated that each part has
a separate task that follows one another and the contractor will not proceed
without direction from the City.
James Peece, 301A Benton, commented that he did not like it.
B90-03 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, HUTTON, LOVELESS, JOHN, ASH, HINDMAN, CRAYTON. VOTING NO:
NO ONE. Bill declared enacted, reading as follows:
The following bills were introduced by the Mayor unless otherwise indicated, and all were given first reading:
B114-03 Approving the final plat of
Auburn Hills, Plat 3.
B115-03 Approving the final plat of
Pippen Place, Plat 1.
B116-03 Approving the final plat of
The Highlands, Plat 18, a replat of Lot 1703 of The Highlands, Plat 17.
B117-03 Approving the Auburn Hills Townhouses
PUD Site Plan.
B118-03 Approving the Broadway Shops
C-P Development Plan.
B119-03 Rezoning property located east
of Hanover Boulevard, at the eastern terminus of Hidden Creek Court from
R-1 to R-2.
B120-03 Amending Chapter 29 of the City
Code as it relates to laboratories.
B121-03 Calling for bids for the construction
of Heather Lane from Broadway north to the existing terminus south of Ash
Street.
B122-03 Accepting privately constructed
streets for public use and maintenance.
B123-03 Authorizing a right of use permit
with The Curators of the University of Missouri to allow work within the
Hitt Street and Rollins Street rights-of-way.
B124-03 Authorizing an agreement with
Dana Corporation for backup generator service: appropriating funds.
B125-03 Calling for bids for the replacement
of the Water Distribution Operations Building and related improvements.
B126-03 Authorizing an easement agreement
on behalf of the City with Union Electric Company.
B127-03 Accepting a deed of dedication
from Wilbur and Kim Gilmore.
B128-03 Accepting a deed of dedication;
approving the engineer's final report; authorizing payment of differential
costs for construction of water main serving Timberlane Subdivision, Plat
5.
B129-03 Appropriating fire equipment
sale proceed funds and sales tax funds for the purchase of a ladder truck.
B130-03 Amending Chapter 22 of the City
Code as it relates to deferred tax bills for sanitary sewer projects.
B131-02 Authorizing improvements to
the Antimi Sports Complex.
B132-03 Authorizing an amendment to
the lease for real property at Nifong Park to the Boone County Historical
Society.
REPORTS AND PETITIONS
(A) Inter-department Transfer of Funds.
Report accepted.
(B) Active Living by Design.
Mr. Beck explained that this is a grant the PedNet Coalition
is pursuing from the Robert Woods Johnson Foundation. He indicated that staff
will need direction from the Council on whether to pursue an agreement with PedNet
as it relates to City departmental coordination with this group.
Mayor Hindman believed this is a great opportunity for the
City of Columbia and said it actually capitalizes on the idea to encourage activity
within the community.
Mayor Hindman made a motion for the Council's endorsement
of the program and directed staff to work on becoming an active, integral partner
in this program. The motion was seconded by Mr. Janku and approved unanimously
by voice vote.
(C) Police Consultant Report.
Mr. Beck explained that earlier this month Chief Boehm made
a presentation to the Council on the department's strategic plan and the consultant's
report. If the Council does not wish to discuss the plan further, Mr. Beck said
his intention is to use the plan as a guide when future budgets are presented
to the City Council. Each year the Council will have the opportunity to see how
staff is doing in reference to the funding of such. It will also be used as a
guide for police department requests during the budget process.
Mr. John commented that the plan had been well-presented and
thought the Council was advised on what the staffing situation is as well as
understanding the policies and procedures. He suggested the Council accept the
report and expect it to be used in the future. The Council agreed.
Report accepted.
(D) South Providence Outer Roadway
Sidewalk - Nifong Boulevard to Southampton Drive.
Mr. Beck reported the estimated cost to construct a five-foot
sidewalk for a distance of approximately 3,150 feet, and a four-foot sidewalk
for 100 feet is $324,000. He explained the policy as to who pays for sidewalks.
It was felt the 50/50 sharing option would be applicable in this case. He needed
direction from the Council as to whether they would like to further consider
the project and have it brought in with the five-year CIP which would be discussed
at the Council Retreat.
Mayor Hindman asked if the development north of Rock Bridge
would have to put in sidewalks under present policy. Mr. Patterson said they
would unless there were specific variances granted by the Council at the time
of platting that relieved the developer of that responsibility. If staff is directed
to proceed with construction of sidewalks, the first part of the process would
be to notify property owners and then allow them the opportunity to construct
it themselves.
Mr. Loveless asked why this sidewalk was so expensive. Mr.
Patterson explained that a lot of money was included for the extension of storm
drainage pipes and culverts. He also noted the need for retaining structures
because of sloping at the south end in order to connect to the Southampton sidewalk.
Mayor Hindman pointed out the students also referred to the
danger of bicycling in this area. He did not think the sidewalks would solve
this problem. He suggested a pedway that would go between the outer road and
Providence Road. Mr. Patterson thought that was part of the Major Pedway Program.
He said this project would actually be supplementary to that. His understanding
was they were going to try to bring up a combined use trail in the area in between.
Mayor Hindman thought that might be considerably cheaper, although he said it
would be preferable to have both.
Mr. John pointed out the School District would be most impacted
by this proposed project due to the City's 50/50 building policy. He thought
we should let them know what their cost might be before going much further. Mayor
Hindman commented that all but one School Board member had signed the petition.
Mr. John indicated those members did not know what the sidewalk would cost them
at that time.
Mr. Loveless preferred to building one or the other, a pedway
or sidewalks. He would like to see cost estimates for the pedway.
Mr. Ash asked if the property owners would also share in the
50/50 cost of a pedway. Mayor Hindman replied the City would probably pay the
entire cost of a pedway, but there probably would not be the same drainage problems
and driveway cuts. Mr. Ash wondered if the commercial properties would have to
pay for their part of the sidewalk. It was ascertained that this would depend
on what the policy was when the platting was done, these owners could possibly
be responsible for the entire cost of the walk abutting their property.
Mayor Hindman suggested there may be some sort of safety funds
available from the Department of Transportation as Providence is a state road
which goes by a high school where a student has to walk in the ditch to get to
school. Mr. Beck indicated that staff could look into it.
Mr. Loveless made the motion that the Council receive cost
estimates on an eight-foot pedway for comparison purposes with the sidewalks.
The motion was seconded by Mayor Hindman and approved unanimously by voice vote.
(E) Commercial Use of Religious Facility
Parking Lots.
Mr. Beck asked if the Council preferred a work session on
this issue or whether they wanted to have the Planning and Zoning Commission
work on some changes. Mr. Janku felt the Council should discuss it at a work
session.
Mr. Janku made the motion that the issue be scheduled for
a work session. The motion was seconded by Mr. John and approved unanimously
by voice vote.
(F) Revisions to Planned Zoning District
Regulations.
Mr. Dudark said the Commission offered suggestions on how
some things could be improved for both the City and developers in regard to C-P,
O-P, M-R and the new M-P planned districts. These relate to the statement of
intent at the time of the zoning application and having some general guidelines.
He said that would then be used for the preparation of some of the site plans
for individual parcels or lots within the development. Mr. Dudark outlined the
report.
Mr. John thought the disparity between a planned development
and an open zoned development has always made it hard to convince a person of
the value for such. By narrowing the gap and allowing the planned development
to come forward more quickly and efficiently, he thought would hopefully open
up the process a bit. With the PUD, the statement of intent has allowed them
to be used fairly regularly and successfully. Mr. John recommended asking the
Commission to proceed.
Mr. Janku was concerned about deferring a stormwater plan
until after the Council has approved the zoning. He noted that the Public Works
Department would be responsible for basically making the final decision. He said
stormwater has always been a major concern to the public and residents want to
be assured that the plan is going to work. Mayor Hindman replied that the other
side to that is developers not requesting planned zoning. Mr. John said there
probably is not a person on the Council that can look at a stormwater plan and
know if it is going to work. He said it is the engineers in Public Works that
know whether or not it is going to work. He saw the only difference as not having
a piece of paper to hold up when the public is there to ask about it. Mr. Janku
understood that from the technical standpoint, but he was talking about the atmosphere
and the confidence level in knowing that things are going to work. He said if
the engineers have looked at it and they have an answer, it is better to tell
the people then. Mr. John said when the plan comes through for the buildings,
with the specific lots and buildings being specified, then all of those plans
will have to be in place. Until then, he said they are not creating traffic,
stormwater and other issues. He said that is when the staff will have to tell
them the plans are approved. Mr. Janku said he would at least like to know if
the plans are technically feasible. Mr. John felt the risk would be higher on
the property owner because if they say they are going to do something and there
is no technical way for them to do it, they will be stuck with an unbuildable
lot.
Mayor Hindman said there has been a huge reluctance from the
development community to ask for planned zoning. If this is the preference of
the Council, then the City needs a system acceptable to all the interests involved.
Mr. Janku indicted he would like to see something that allows
a developer to accept a restriction on his uses. He thought most people, when
hearing about commercial zoning, were concerned about uses. If a developer would
voluntarily restrict his uses and then go forward applying the regular standards
that the City has come up with, i.e., landscaping, signage, etc. That would make
it easy for them. Mr. John said he would go with that -- that would be 100% better.
Mayor Hindman asked about the off-premise improvements the City needs. Mr. Janku
related that he is proposing something in between a fully planned zone and open
zoning. He thought the off-site issues were what Mr. Dudark was talking about
strengthening.
Mr. John made the motion that the issue be forwarded to the
Planning and Zoning Commission per the staff recommendation. The motion was seconded
by Ms. Crayton and approved unanimously by voice vote.
(G) Fourth Grade Swimming Program.
Mr. Beck noted the program would cost between $30,000 and
$40,000. He said the question is whether or not the Council wants to consider
this during budget discussions. Before adding programs that need to be subsidized,
he suggested the staff would need to review it carefully.
Mr. Ash asked about the difficulty mentioned about scheduling
part-time help. He wondered if the classes could be staggered so that someone
would be there all day giving swimming lessons. Mr. Hood said that would be a
possibility if the program is totally revamped. The report before the Council
was based on what the school district currently offers in that each elementary
school is kept on a two week schedule of their own. Mr. Hood pointed out that
most of his department's instructors and life guards are full-time students themselves
-- either high school or college students. For them to be available for an entire
day would be improbable. Mr. Ash noted that the schools are set up to ship the
students around, and suggested letting them figure out how to get the kids to
the ARC and then let us teach them how to swim when they get there. If anything,
he said this could be used as a marketing tool in recruiting future ARC members.
Mr. John noted that the teachers have to be fully certified
to teach elementary school. He asked if the budget figures took that into consideration.
Mr. Hutton said it could be that the classroom teacher could accompany the students
and provide supervision.
Mayor Hindman thought staff should be asked to keep their
eye on this program when considering next year's budget.
Mr. Loveless pointed out that this is a school program and
he is not so sure it should be the City's responsibility to subsidize a school
swimming program. He agreed it is a desirable thing for every youngster to learn
how to swim, but there are a lot of other places the City could spend the same
amount in our own recreational programming. If the school could rework the scheduling
so that the cost to the City would come down considerably, Mr. Loveless said
he would be happy to entertain that thought.
Mayor Hindman argued the Council should at least consider
it for budgeting. He asked what would happen if Parks and Recreation decided
they should try to give swimming lessons for survival type swimming. Mr. Hood
said the schools offer the program to all the fourth graders and some of them
have fairly high level swimming skills while some have absolutely no swimming
skills. He said the goal is to get those with no swimming skills to at least
have the basic survival skills. Those that are already reasonably talented swimmers
will work on improving their skills. Mayor Hindman thought that teaching kids
basic survival skills is a worthy community goal and working with the school
would be the only way that could be done.
Mr. Janku suggested there might be other entities that might
want to make private donations to such a program.
Mayor Hindman made the motion that staff be directed to consider
the program for budget purposes, looking at various options and asking the school
district if they are interested in contributing at all. The motion was seconded
by Mr. Loveless and approved unanimously by voice vote.
(H) Boone County Regional Sewer District
- Request for Connection Agreement.
Mr. Beck explained the Regional Sewer District has requested
a sewer connection for customers currently served by a small treatment plant
in Boone Industrial Park. The companies are outside the City limits, but contiguous
to the City. Under City policy, they would have to be given a waiver to allow
their connection without being annexed. Mr. Beck thought the Council may want
to add the issue to their work session schedule. He said there has also been
a request that the Regional Sewer District enter into a territorial agreement.
Mr. Loveless asked if the City were to permit this, whether
each of the individual companies would remain County rate payers. Mr. Patterson
responded they would remain in the County and would also remain Sewer District
customers. Mr. Loveless asked if the City would be reimbursed by the District.
Mr. Patterson replied that was correct. Mr. Loveless questioned if the rate would
be about the same. Mr. Patterson explained that the City has a wholesale rate
we have used as a basis for the Sewer District contracts which is at 80% of what
the existing City charge is. He said it is based on what staff calculated the
City's cost to be for the trunk systems and the capacity at the treatment plant,
overhead and administration. Mr. Patterson reported all that was taken out was
the City's collection maintenance costs for the collection system itself -- staff
was trying to isolate the City's actual cost for treating the wastewater.
Mayor Hindman made the motion that the issue be placed on
the work session agenda.
Skip Elkin, Boone County Commissioner and Vice-Chair of the
Regional Sewer District Board, explained that they have had two requests for
building permits in the past few months to expand businesses, one of them very
significant that could add dozens of jobs to the community. He said Boone County
has denied the applications because they do not have sewer capacity. Mr. Elkin
remarked that they do not feel it is a wise use of public money to build or expand
a plant when a City sewer trunk line is less than 25 feet away from their existing
plant. He said there is a sewer line that was extended within 50 feet of the
Gas Light Acres plant further north. Mr. Elkin agreed with the City Manager's
recommendation that this be brought forward to a work session. He respectfully
requested that the work session be scheduled as soon as possible because the
private businesses are waiting to see what happens. Mr. Elkin pointed out that
the Sewer District's mission is to eliminate discharge points. He said they are
not looking for a territorial agreement, only a standardized connection agreement
with their existing facilities. It is important that they maintain their customer
base because they have 54 facilities throughout the county, which includes the
City of Hallsville, Rocheport and the City of Hartsburg.
For the work session, Mr. Ash said he would like to see the
other situations where the City has made exceptions and what the general thought
process is when exceptions are made.
The motion to place the item on the work session schedule,
made by Mayor Hindman, was seconded by Mr. Janku and approved unanimously by
voice vote.
(I) Philips Property.
Mr. Beck gave an overview of his interim report. He pointed
out that Mr. Sapp is interested in developing an environmentally sound development
and a very attractive addition to the community.
Mayor Hindman noted time pressure on this issue and asked
that it be put on the work session schedule.
BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council, the following
individuals were appointed to the ensuing Boards and Commissions.
BOARD OF ADJUSTMENT
Campbell, Rex, 905 Edgewood, Ward 4 - term to expire 5/1/08
AIRPORT ADVISORY BOARD
Cecil, Gregory A., 1700 Oak Cliff Place, Ward 4 - term to expire 5/16/07
Shapiro, Nicholas J., 4013 Newport, Ward 5 - term to expire 5/16/07
CULTURAL AFFAIRS COMMISSION
Ellis, Tonya King, 1107 Park De Ville Place, Ward 2 - term to expire 4/1/06
HEALTH INSURANCE APPEALS BOARD
Sublette, Nancy J., 4810 St. Charles Road, County - term to expire 9/1/03
HISTORIC PRESERVATION COMMISSION
Doyle, Mary Kaye, 1006 W. Rollins, Ward 4 - term to expire 9/1/03
NEW CENTURY FUND BOARD OF DIRECTORS
Battle, Eliot F., 2200 W. Rollins, Ward 4 - term to expire 9/30/03
COMMENTS BY COUNCIL, STAFF AND PUBLIC
Mr. Janku noted a previous report on Foreign Trade Zones which
recommended not pursuing the issue. He asked that another look be taken as he
understood it facilitates companies doing business with foreign countries. He
stated Columbia has a lot of new business that participate in foreign trade.
He pointed out that Springfield has one at their airport and thought it might
help our airport if we had one.
Mr. Janku made the motion that staff be directed to report
back on whether or not we should develop a foreign trade zone for Columbia. The
motion was seconded by Mayor Hindman and approved unanimously by voice vote.
Mr. Hutton commented that this was the longest meeting the Council has had for there to be absolutely nothing on the agenda.
Mr. Loveless was contacted by a constituent regarding tractor trailers going down the Stadium hill and using their "Jake brakes". He understood some cities have ordinances against using dynamic braking devices. Mr. Hutton said he can hear this noise off of I-70 as well. Mr. Loveless asked the staff to investigate the issue and report back.
Mr. Loveless referred to the last meeting when a remark had been made about stale zoning. He said there was a controversial issue before them regarding a 20-year old plus zoning that should never have remained in place. He thought it would be advantageous for Columbia to know how other cities deal with a zoning put in place that is not used until many years later. The zoning may have been appropriate at one time, but not now. Mr. Loveless suggested perhaps there should be a sunset clause on zoning and if an R-3 piece of property is not developed within a certain period of time, it reverts to R-1 or something of that nature. Mr. Boeckmann interjected that under state statutes, zoning changes require a public hearing. He reported there cannot be reverter clauses in zoning ordinances. Mr. Loveless asked if there was anyway to deal with the issue. Mr. Boeckmann responded the Council could down zone the properties. Mr. Hutton commented that they would need a watch dog group of staff members to track them after "x" number of years. Mayor Hindman noted that the Council just received a set of maps showing the R-3 areas. He suggested they take the issue up at a work session. Mr. John said a Council enforced down zoning could be considered a taking. Mayor Hindman disagreed.
Pat Wynd, 707 W. Worley, spoke about "cosmetic problems" in
the First Ward. The problems she reported on included trash out early, cars
parked on lawns, unlicensed vehicles, and cars parked over sidewalks.
Mayor Hindman explained that the procedure for enforcement
is complaint driven. Mr. Janku clarified that violations associated with unlicensed
vehicles are enforced by the Police Department, but the Protective Inspection
division enforces the violations of cars parked on lawns. He acknowledged that
it is difficult for citizens to determine which department to call. Mr. Janku
suggested Ms. Wynd contact the City Manager's Office so they could follow-up
with a report back to the Council.
The meeting adjourned at 11:25 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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