INTRODUCTORY
The City Council of the City of Columbia, Missouri met for
a regular meeting at 7:00 p.m., on Monday, February 21, 2000, in the Council
Chamber of the City of Columbia, Missouri. The roll was taken with the following
results: Council members JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, 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 February 7, 2000, were
approved unanimously by voice vote on a motion made by Mr. Campbell and a second
by Mrs. Crockett. .
APPROVAL AND ADJUSTMENT OF AGENDA INCLUDING CONSENT AGENDA
Upon their requests, Mr. Campbell made the motion that Mr.
John be allowed to abstain from any vote that may be taken on Report D and Mrs.
Crockett be allowed to abstain from voting on R34-00 and R35-00. The motion was
seconded by Mr. Coffman and approved by voice vote.
The agenda, including the Consent Agenda, was approved unanimously
by voice vote on a motion made by Mrs. Crockett and a second by Mr. Coffman.
SPECIAL ITEMS
Proclamation - 20th Birthday of McGruff the Crime Dog.
Sergeant Danny Grant and Crime Dog McGruff came forward and
Mayor Hindman read and presented them with a proclamation.
Acting Police Chief Boehm thanked the Mayor and Council for
taking the time to recognize the program. He thanked Sergeant Grant and the Crime
Prevention Unit for their work relating to crime prevention and the McGruff Campaign.
SCHEDULED PUBLIC COMMENTS
None.
PUBLIC HEARINGS
B32-00 Authorizing construction of a
12-inch water main serving Vanderveen Plaza, Plat 2; authorizing
payment
of differential costs; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck said this approximate 700 foot long water main project
was submitted in accordance with City policy. He explained that the City would
pay the difference between an eight inch main and a twelve inch main at an estimated
amount of $6,335. He noted that payment for the differential cost would come
out of water and electric funds.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B32-00 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B33-00 Authorizing construction of
an 8-inch water main serving Breezewood Estates, Plat 1; authorizing
payment
of differential costs; appropriating funds.
The bill was given second reading by the Clerk.
Mr. Beck explained that with this project the City would be
paying the difference between a six and eight inch water main. This 1,000 foot
project was estimated to cost the City $4,270. Again, payment for differential
costs would come from the water and electric fund.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B33-00 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B39-00 Approving the final report and
authorizing the issuance of special assessments for the 1999 street
maintenance
work.
The bill was given second reading by the Clerk.
Mr. Beck commented that this work has been done under the
City's annual street maintenance policy.
Mr. Patterson explained that work was done on six street segments
consisting of drainage work on roadside ditches, straightening driveway pipes,
and leveling street surfaces with asphalt and finishing with a single seal coat.
He further explained that this work is usually done every eight to ten years,
depending on the traffic and the condition of the street. Mr. Patterson listed
the six streets as follows: Ballenger Place, Elm Grove Drive, Fair Haven Drive,
Martha Drive, Pioneer Drive, and Walcox Drive. Mr. Patterson noted that the work
affected 62 parcels of property and represented approximately 11,000 feet of
abutting property along the aforementioned streets. He reported the work was
authorized by the City Council in July of 1999. The total cost of the work is
$63,222.11, and in accordance with current policies, he explained that the property
owners can only be assessed a maximum of $2.00 per abutting foot, although the
centerline cost for the work ranged from $7.00 to $27.00 per foot. Mr. Patterson
stated the tax assessments, if approved by the Council, will total $21,950.28,
with the remaining $41,271.83 coming from the operating budget of the street
division. He explained that property owners and residents were notified of this
public hearing by letter. Mr. Patterson indicated his staff received some telephone
inquiries, but most individuals were satisfied with the explanation of the work
and the cost involved.
In order to assess tax billing, Mr. Patterson noted that the
Council would have to make the determination that the properties have benefitted
in an amount at least equal to the proposed assessments. He suggested the Council
consider that generally there has been better drainage from the ditch work, and
that the smoother streets have reduced wear and tear on vehicles which also enhances
snow removal efforts in the winter.
Mrs. Crockett asked if there were any plans for these streets
to be curbed and guttered. Mr. Patterson said the property owners are notified
every year about the policy on street improvements. He reported residential streets
are not included in the Capital Improvement Plan. Under current policy, residents
would have to bring forth a petition requesting curbs and gutters.
Mayor Hindman opened the public hearing.
Laura Lowe, 2221 Walcox Drive, stated she is appreciative
of the improvement. She noted that three houses are being built on her street
and she thought the street work should have been delayed until those homes were
completed. Ms. Lowe remarked that she had never been informed the improvements
were going to be done.
Mr. Patterson explained notices had been sent out and he could
not explain why Ms. Lowe did not receive notification. He said he would check
into it.
Mayor Hindman closed the public hearing.
B39-00 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B44-00 Authorizing construction of
improvements to Again Street Park.
The bill was given second reading by the Clerk.
Mr. Beck explained that this project involves replacing the
fencing around the ballfield and the addition of an ADA approved drinking fountain.
He noted that CDBG funds can be used for a portion of the project. The cost for
the improvements will be approximately $17,000. He related that some of the work
will be done by City forces and some will be contracted out.
Mr. Hood displayed the proposed plan on the overhead.
Mr. Janku spoke about the need for a temporary second soccer
goal during the soccer season. Mr. Hood indicated staff would check into it.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
B44-00 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B49-00 Rezoning property located on
the south side of Clark Lane, across from Ballenger Place from
Districts
A-1, R-2 and O-P to District C-P.
The bill was given second reading by the Clerk.
Mayor Hindman noted that the proponent made a request to table
the matter. He also noted the applicant is considering a different configuration
of proposed uses and most likely an amended petition will be submitted.
Mr. Beck reported that the plan displayed on the overhead
had been recommended for denial by both the staff and the Commission.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman made the motion that
B49-00 be tabled to the March 20, 2000, meeting. The motion was seconded by Mr.
John and approved unanimously by voice vote. The public hearing was continued
to March 20, 2000.
B50-00 Rezoning four tracts of land
located west of Scott Boulevard, along both sides of Smith Drive, from
Districts
R-1, A-1, and PUD-10 to Districts C-P, O-P and PUD-12.
The bill was given second reading by the Clerk.
Mr. Hancock explained the request and referred to documents
in the packet relating to proposed uses and the statement of intent.
Mr. Campbell asked Mr. Patterson how storm water management
would be handled under current City ordinances. Mr. Patterson explained that
a storm water permit would be required before any grading could occur on the
site. He said that would consist of a storm water management plan that not only
addresses the erosion control issues, but pre and post-development run off. Under
current ordinances, Mr. Patterson reported staff would primarily be dealing with
the quantitative analysis of a site. In this case, he said they would be looking
at the downstream conditions to assure the development did not increase any existing
problems. He felt there has been enough discussion on this site to determine
there will be a need for some detention facilities in order to assure that post-development
peak discharge is not any greater than pre-development discharge. Mr. Patterson
explained that did not mean there would not be more water leaving the site, but
the ordinances will allow the City to control the velocity of that water.
Mayor Hindman noted that an amendment sheet was presented
to the Council and he asked that it be explained by the proponent. He also noted
that a valid protest petition had been received -- which meant an affirmative
two-thirds vote of the Council would be required for passage.
Mayor Hindman opened the public hearing.
Craig VanMatre, an attorney with offices at 1103 E. Broadway,
spoke on behalf of the applicant. He distributed a letter and suggested that
it be attached to the enabling ordinance adopting the zoning for this parcel
with the understanding that any plan which comes forward in the planned portions
of this development must be consistent with each item set forth on this addendum.
He said each of the items on the addendum represents elements the applicant has
pledged to utilize in the development of this project in order to give residents
the protection they felt they needed for their property and their quality of
life. Mr. VanMatre noted the other items were things they believe to be necessary
to assure the public, as a whole, that this will be a very high quality development.
He commented the applicant expects to be held to this when the development plan
is submitted.
Glen LeRoy, an architect with offices in Kansas City, Missouri,
explained this is an approximate 45.2 acre tract, and a four lane arterial street
and two collector roads would serve the proposed development. He explained the
new urbanism concept which is sweeping across the United States, but is just
starting to be seen in the Midwest. Mr. LeRoy related the criteria involved in
these new developments consisted of compact, walkable neighborhoods, public space
providing a pedestrian atmosphere, streets typically on a modified grid pattern,
and a diverse mix of housing options with shops, work places, and open spaces.
Mr. LeRoy commented that the Metro 2020 Plan has set forth
some very laudable goals for the City. He said the goals are to contain urban
development while maintaining environmental quality, motorized and non-motorized
mobility, and aesthetic quality. In each case, he believed the Westbury concept
plays right into what is being suggested by the 2020 Plan. Mr. LeRoy noted that
the plan calls for a community marketplace. That marketplace is to have access
to an arterial street system and should have an anchor tenant, such as the 40,000
square foot grocery store that is being proposed for this development. He indicated
the 2020 Plan suggests the primary tenant should preserve a separation of two
miles from other community marketplaces. Mr. LeRoy noted the proposed grocery
store in this case would be 2.6 miles away from the closest existing store. He
indicated the community marketplace also calls for other specialty retail service
stores and multi-family residential. Mr. LeRoy stated that Westbury Village calls
for a mixed use complex. He disagreed with the recommended size for the community
marketplace as he thought it should be somewhere in the range of twelve to twenty
acres, depending on how many other uses are to be incorporated into the development.
Mr. LeRoy asserted Westbury Village falls within that range.
Wayne Feuerborn, an architect with Gould Evans Goodman of
Kansas City, explained the design concept. He explained the design has evolved
after a lot of input from the City and the residents of the area. He believed
it was truly a multi-use village. Mr. Feuerborn reported the unifying element
throughout the development plan is the central boulevard coming off of Scott
Boulevard. He noted that it is central to the plan within itself and provides
easy community access for those residents who will live within the community
itself. He commented that the public park and open space are convenient to use
and are connected to the plan by bike trails, sidewalks, and other open space
amenities. In accordance with the 2020 Plan, he pointed out opportunities to
provide residential or other office uses on the second floor of some of the buildings.
Depending upon how the market assessment goes, Mr. Feuerborn said one or a combination
of those uses would be located on the second floor of the storefronts lining
the main village boulevard. Parking is also divided up within the plan so it
will be convenient to the users, but does not become the dominant design element
within the plan.
Mr. Feuerborn explained that the previous proposal for Tract
A was for a much higher density. However, the plan now calls for townhouse units,
that can be individually owned, along Smith Drive and on Stone Valley Parkway.
He noted it would provide a buffer to the commercial development. Mr. Feuerborn
reported that Tract B was formerly designated as a parking area to serve the
commercial development, but now some residential uses have been included to assist
in buffering the service area (grocery store) from adjoining property uses. He
said that change led them to contemplate how to locate the grocery store in such
a way so that it could serve the entire community, while also being screened
from the adjacent residential homes. Looking at the center of the site, Mr. Feuerborn
pointed out the store was situated along the village drive, which can be accessed
from both Smith Drive and Scott Boulevard, so shoppers do not have to travel
through the residential neighborhood to get to it.
Mr. Feuerborn reported the existing drainage way would be
maintained so as not to impact the storm water detention pond that will be developed
to serve this project. In addition, along the King's Meadows boundary they are
matching uses to uses so that duplexes are backed by duplexes, single family
would abut single family, etc., to provide a transition from existing neighborhoods
to the development site.
Jeff McKerrow, a transportation and planning engineer from
Kansas City, explained that they have completed their initial study of the project
site. He commented that it appears that the intersection of Scott Boulevard and
Smith Drive will likely have to be signalized at some point in the future. With
this and other improvements (i.e., turn lanes), Mr. McKerrow reported the traffic
generated from this site can easily be accommodated with the existing infrastructure.
Throughout this process, he indicated they would continue to ensure that the
safety, both for the motoring and non-motoring public, is always held up to the
highest standards and is not compromised.
Dave Bennett, Engineering Surveys and Services, lll3 Fay Street,
explained that he has seen several conceptual plans on this project, and as the
plans have evolved, they have gotten better in terms of storm water management,
infrastructure, and those types of things. He noted that a storm water evaluation
of this site was conducted in 1996, and at that point the development included
28 acres of C-P property and 17 acres of open zoned R-3. In terms of storm water
management, Mr. Bennett related he had every confidence in 1996 that they could
handle the storm water run off to meet the City's requirements. At this point
in time, he believed they have an even better plan in terms of storm water management.
Mr. Bennett explained on the north side of Smith Drive, they plan to install
an underground storm water detention facility. On the south side of Smith Drive,
there will be a wet weather storm water impoundment. The dam and everything for
the impoundment will be constructed first, before any of the commercial development
occurs to the north of Smith Drive. Not only will it serve to control storm water
run off, but it will also help in the sediment and erosion control for the site.
Mr. Bennett noted that it can be converted at a later time, once everything is
developed and vegetation is established, to a permanent wet weather impoundment.
In addition, he reported underground storage is very valuable to the commercial
property which generally consists of a series of large diameter pipes. Mr. Bennett
explained the pipes have the same purpose as a storm water detention facility
in that it collects the water and the volume is slowed so it can be expelled
at a controlled rate.
Mr. Janku asked about the permanent wet weather impoundment
and whether it would consist of detention rather than retention. Mr. Bennett
said that was correct. During a dry period there would be no water in it. Mr.
Janku observed if the plan works, it really in affect would appear as open space
most of the year and then during certain periods it will retain water. Mr. Bennett
said that was correct.
Jack Blaylock, a commercial real estate appraiser, 802 E.
Broadway, addressed the Council regarding trends he is seeing in land use and
development within the greater Columbia area. He spoke about the volume of shoppers
creating a tremendous strain on the major thoroughfares that lead to these centers.
He said that, in part, can be alleviated through this concept of neighborhood
and village centers. Mr. Blaylock explained when commercial areas are not moved
to the outer periphery of Columbia, that decreases the City's tax base. He noted
the high cost of infrastructure improvements in the outlying areas, but stated
there is not the offsetting sales tax revenue and real estate taxes that would
be gained through commercial development being done simultaneously with the "leap
frogging". Mr. Blaylock believed this is a way of curing the problem of urban
sprawl. He said it would be a good move on the City's part to allow it. Mr. Blaylock
passed out a letter with a study attached. The study showed that in Columbia,
commercial developments do not adversely affect property values of the adjacent
residential neighborhoods.
Michael Levin, owner/partner, Smithtown, New York, said he
was privileged to be part of the team working with Joseph Tosini to make Westbury
Village a reality. He said the team has spared no expense in hiring an award
winning architectural firm and a host of top shelf collateral professionals to
ensure the integrity and soundness of their project. He said they are looking
for pride of ownership and are about pride of retention. Mr. Levin said they
believe in providing value and quality and are committed to building Westbury
Village as an easily distinguishable paragon of excellence in real estate development.
Ardith Kirchhoff, 5712 Sundance, explained that she does not
live in the immediate neighborhood, however, she and her husband have invested
in properties in The Hamlet. She further explained that they have one finished
home for sale and two undeveloped lots. Ms. Kirchhoff related they are concerned
that any future development near The Hamlet is positive. She is in favor of Westbury
Village saying that its addition to the west side of Scott Boulevard would actually
increase their property values as well as the surrounding property values.
Oliver Adams, 4705 Manhasset, spoke in favor of the Westbury
project. Mr. Adams said he believed in diversity and would like to see a grocery
store and other amenities that residents could walk to.
Philip Gill, 4302 Christian Fellowship Road, explained that
this 45 acre tract is located immediately adjacent to his property, and he is
looking forward to the proposed amenities.
Dick Purcell, 4405 Sussex, explained that his property immediately
abuts Tract A. He reported that he had been attending meetings related to this
development for over four years. Mr. Purcell said they worked through a number
of issues and he believed a number of significant concessions have been made
so that this development is acceptable to himself as well as to a number of other
people living nearby. He felt it would provide needed services. Mr. Purcell believed
the diversity in housing to be a definite need in his neighborhood. Regarding
Tract A, he noted that only approximately 50% of it would actually be developed
as the other half will consist of a retention basin. Mr. Purcell related that
he had also asked the applicant about screening, landscaping, and the possibility
of preserving some of the larger trees on the property. He was under the impression
that this request would be honored. Mr. Purcell said he is in support of the
zoning change, but noted that this is a planned development. He would continue
to participate as the plans move forward to ensure the plan is developed in accordance
to the issues already agreed upon.
Ben Francisco, 4308 Christian Fellowship, spoke in favor of
the rezoning proposal. He had also been involved in the meetings for about three
years. He has seen the plan come a long way and was excited about this newest
proposal. Mr. Francisco stated there is a need for commercial development in
this area, and this proposal provides a buffer and a balance. In addition, he
was confident that the quality of the development will be above average. Mr.
Francisco submitted a letter to the Clerk signed by four neighborhood residents
who are not opposed to this development. He stated he found no one that was alarmed
or upset about this proposal.
Tony Prato, 212 Dayspring Drive, President of the King's Meadow
Neighborhood Association, reported there are a number of residents opposed to
this project. He noted there had been several meetings arranged by the developer
to discuss Westbury Village. He commented that he had attended some of them,
and yet there is still a considerable discrepancy between what the developer
wants and what is acceptable to most of the neighbors. Mr. Prato pointed out
that it was not because the neighbors currently oppose all forms of non-residential
development on this property. He believed that they have yielded ground to Mr.
Tosini. He said residents have demonstrated their willingness to accept higher
density housing, and even commercial development, just not to the extent desired
by Mr. Tosini. Mr. Prato stated that Mr. Tosini has been unwilling to change
the overall design concept for Westbury Village. He noted that high density in
a large commercial area have been non-negotiable features of the plan. Mr. Prato
acknowledged the applicant has made a few changes which made the plan more acceptable,
but the two sides never reached common ground because of the unwillingness of
the developer to significantly reduce the overall density of housing in the commercial
area. He explained in one instance the commercial area actually increased 23%.
Mr. Prato reported residents held their own meetings where they could control
the agenda and a couple of things came out of those meetings. He displayed a
plan that the neighborhood worked out and asked that the Council consider it.
Mr. Prato related that Mr. LeRoy chose the community marketplace,
the largest and densest type of development allowed. He believed it was simply
not appropriate in this location. He said the neighborhood center would better
fit the property because it is not to contain more than 24,000 square feet in
retail and office space. The rezoning request under consideration contains approximately
208,000 square feet of such. Mr. Prato commented that is five times more than
what is suggested in the Metro 2020 Plan. He stated that Mr. Tosini's plan not
only conflicts with the Metro 2020 Plan, but also with the current Land Use Plan.
In reference to the grocery store, Mr. Prato noted that many
of the neighbors are opposed to having one that is 35,000-40,000 square feet,
and potentially expandable to 50,000 square feet. He said a grocery store in
this area is not necessary because Gerbes and Schnuck's are just a few minutes
away. Mr. Prato read from the Business Times that a Kansas City developer is
planning to open three Hy-Vee grocery stores in Columbia, with one being located
at the corner of West Broadway and Fairview. He said that location is about one
mile from the subject property. In addition, Mr. Prato related that residents
are opposed to having 22 acres of PUD-12 and 15 acres of C-P in the middle of
a predominantly residential community. He said this rezoning would change the
character and aesthetic qualities of the neighborhood in ways that most residents
find unacceptable. He noted this development would also increase traffic congestion
and cause safety problems. Mr. Prato explained that the plan developed by the
residents contains a large buffer of comparable housing between the existing
neighborhoods and the high density and commercial areas. The plan also limits
the density of the PUD to 10 and contains no more than seven acres of commercial
area.
Mr. Prato disagreed with Mr. LeRoy in that this development
is part of the new urbanism. He reported that such a development is supposed
to contain public buildings like libraries, churches or community centers, as
well as open public spaces such as parks, playgrounds, and squares. He noted
that most of these features are absent in the Tosini plan. He felt in this case,
commercial sprawl is being substituted for urban sprawl. Finally, Mr. Prato asked
those people to stand who were present in opposition of the proposed rezoning
request. Approximately five to six dozen people stood representing the following
neighborhoods: The Hamlet, Rothwell Heights, King's Meadow, and Stoneridge. Mr.
Prato urged the Council to reject this rezoning request.
Trisha Brillheart, 4402 Shorum, Vice-President of The Hamlet
Homes Association, explained that they had held a special meeting on February
17 to discuss this proposed rezoning request. The association unanimously decided
to oppose the request for reasons due to lack of need, size, location, and the
potential for increased traffic problems. Residents felt a major focus of the
request is aimed at commercial and office development, and Ms. Brillheart said
the neighborhood did not see a need for this much commercial and office zoning
on the west side of Columbia. Ms. Brillheart pointed out that nearly 100 acres
zoned commercial and office already exist between Fairview and Vawter School
Road on Broadway and Scott Boulevard. She noted vacancies in the nearby Broadway
Shopping Center, Crossroads Shopping Center, Biscayne Mall and various other
churches and buildings. She said the vacancies define a lack of need for this
particular zoning in their area. Ms. Brillheart noted major differences between
the Westbury Village Plan and the Metro 2020 draft plan. She also noted that
the expansion plans for Scott Boulevard is not to occur until after 2007.
Ms. Brillheart reported to the Council that signatures were
gathered on a petition-like form that would indicate people in The Hamlet were
not opposed to this development or rezoning request. She said residents understood
from Mr. Tosini that members of the City Council requested the action. She explained
that two young ladies went from door to door in The Hamlet neighborhood stating
that they were working for the City Council to gather signatures from people
who support a zoning change in Westbury Village. Residents were told the property
would be down zoned from high density housing to R-1, and many people did not
question that, they just signed the petition without reading it. Ms. Brillheart
asked that the record indicate that the verbal message delivered to the homeowners
was not consistent with the intent of the written petition. She asked that the
Council disregard the misrepresented petition.
Mr. Campbell noted that the Council had not been presented
with the petition in favor of the request. He said he knew what happened and
added that he would comment on it later.
Herbert Reminez, 4809 Castlewood Court, noted the differences
between this development and the Cherry Hill development. He said that new urbanism
is not about dropping large commercial developments into established residential
neighborhoods. Mr. Reminez asked the Council to follow the Commission's recommendation.
Mark Burton, 4701 Sussex, said this is a plan being developed
and derived from community consensus. As such, he felt it should have significant
weight when looking at issues that affect Columbia. Mr. Burton sensed that the
approval of the plan rests on whether or not it would be good for Columbia as
a whole. He noted that the Metro 2020 Plan is based on Columbia as a whole. He
explained that the largest commercial development that plan would allow at this
location would be 20 acres, and only if it is located on two arterial streets
and is done as separate developed areas of ten acres or less. He also agreed
that this is not new urbanism. Mr. Burton stated the proposed 2020 Plan encourages
the walkable community concept, where this proposal has over 900 commercial parking
spaces and a store which needs to survive by drawing from a multi-mile radius.
Peter Wilden, 4311 Sussex, explained that his lot is immediately
adjacent to Tract A. He spoke in opposition because of the lack of need and support
from the surrounding area.
Bob Avali, 408 Parkwood Court, noted that a park is not planned
in the proposed development. After the second rejection by the Planning and Zoning
Commission, he said the developer had not held another meeting with the neighbors.
If the Council were to approve this rezoning request, Mr. Avali noted the City's
and resident's input would be limited to the content of the plan. He said most
of the opposition is based upon the size. Mr. Avali asked the Council to reject
this request.
Kelly Mescher, 308 Stalcup, President of the Rothwell Heights
Neighborhood Association, explained that they also opposed this development.
In addition, she reported her neighborhood was also petitioned by someone representing
Westbury Village, with the representation being different from what was described
to The Hamlet residents. Ms. Mescher explained they were shown a picture of the
multi-family housing and were told it had been approved, but the design of it
had been rejected and they needed to be in favor of the "pretty picture". If
she was in favor of the picture she was to sign the petition. She said if there
are signatures in favor from Rothwell Heights residents, she felt they misunderstood
what the issue was.
Mr. Campbell noted again that the Council had not been given
a petition in favor of the development.
Dan Borrocco, 4414 Smith Drive, stated his house is located
directly south of the proposed development. He stated although there have been
some changes made within the development, he was still in opposition to this
project. Mr. Borrocco's main concern was that the commercial area is too large.
John W. Lee, 4307 Sussex, presented Mr. Campbell with a letter
from another Hamlet resident. Mr. Lee was in opposition because of the large
commercial area.
Mr. Campbell read the letter from Alma Kneisel. Ms. Kneisel
wrote she was opposed to the project because of increased density which she felt
would increase traffic congestion which, in turn, would increase air pollution.
She also felt it would lower the property value of their homes in The Hamlet
Subdivision. Ms. Kneisel stated that she was very much opposed to the project
and was hopeful the Council would vote against it.
Katy Burton, 4701 Sussex, said she had researched new urbanism
at Mr. Campbell's request. She explained one criteria for new urbanism involved
the return of the corner store. Ms. Burton argued that a 40,000 square foot grocery
store did not qualify for such. She said another concept involved the reduction
in parking areas, which again, this plan does not do. Ms. Burton urged the Council
to defeat this issue.
Tim Neds, 808 Windemere, read an e-mail he sent earlier to
the Council which Mr. Campbell responded to. His concern related to storm water
runoff. Mr. Neds felt the developers were glossing over the fact that a large
amount of water will be generated from this site. He stated he is personally
concerned about the previous mistakes made by Mr. Tosini and his engineer's within
The Hamlet. Mr. Neds was hopeful the current engineer would not make the same
shoddy mistakes in Westbury Village.
Amy Jadryev, 1514 Pickford Place, spoke in opposition to the
plan. She related that the amount of commercial zoning requested is not in keeping
with the character and quality of the surrounding neighborhoods and would devalue
their properties. She felt that smaller businesses or offices that are more capable
of blending in with existing housing would be more suitable and less disruptive
to the surrounding neighborhoods than a 40,000 square foot grocery store. Ms.
Jadryev indicated she likes the concept of a walkable community, but Scott Boulevard
is more or less a highway with a speed limit of 45 mph -- which more often then
not is exceeded.
Cliff Grantham, 114 Dayspring Drive, explained that after
he retired, he placed all of his savings into his home. He stated he cannot afford
to pay a lawyer to help him fight this project. He said the traffic is already
atrocious and by adding more multi-family dwellings will only make it worse.
Mr. Grantham asked the Council to reject the proposal.
Mr. LeRoy responded to the concerns about traffic. He said
the traffic signal that will be required for this development will improve the
traffic situation as well as making it safer for the pedestrians. Mr. LeRoy said
they have done an extensive pro forma on this project that secures a modest amount
of profit for the developer, but on the other hand, pays for all of the improvements
being talked about.
Regarding the debate about neighborhood centers and the community
marketplace, Mr. LeRoy related that a neighborhood center is identified as a
unifying element within a neighborhood. In addition, community marketplaces with
retail uses serving several neighborhoods may be appropriate if developed at
a scale compatible to the surrounding area. He counted only four neighborhoods
surrounding Westbury Village. Mr. LeRoy compared the neighbor's plan to theirs.
He said the six acres of commercial along Scott Boulevard has only one design
option -- and that is for strip commercial. He noted the Council has the choice
tonight of perpetuating sprawl through strip commercial and associated development,
or the community marketplace as proposed. Mr. LeRoy reported the applicant has
agreed to a number of stipulations included in the document Mr. VanMatre distributed
earlier. He explained these stipulations will ensure quality and a new model
for Columbia.
Mayor Hindman closed the public hearing.
Mr. Janku asked Mr. Patterson if he felt the traffic would
be manageable with the improvements that have been proposed. Mr. Patterson responded
all staff could do is use past experiences as a model. In this case, the development
will be located on a four-lane arterial road. He stated staff would need to look
at the applicant's projections, verify this information and then develop the
criteria for the turn lanes, acceleration lanes and signals that would be needed.
Mr. Patterson felt this would be manageable. One concern he had pertained to
the impact this project would have on local collectors in the area.
Mayor Hindman asked about the storm water issue that had been
raised. Mr. Patterson said the plan would have to be very detailed and would
have to show the calculations the design is based on. As far as the peak discharge
from the site, the velocity of the water running off at any given time could
not exceed the pre-development condition. Obviously, Mr. Patterson said there
will be an increase in run off, but their goal in reviewing the plan would be
to assure it is not running off any faster and creating velocity problems downstream.
Regarding the question of whether or not the downstream detention system can
handle this discharge, Mr. Patterson explained that when staff designed the improvement
in The Hamlet, it was designed based on the upstream development at that time.
Therefore, whatever is done upstream is going to have to be handled as though
it were being developed at that land use for the channel downstream. He reported
the developer will probably be held to a higher design standard as they are essentially
changing the land use, thus creating a higher level of run off than previously
existed.
Mr. John asked how far north of this site, based on the Major
Thoroughfare Plan, the future extension of Broadway would be. Mr. Hancock said
it could be a quarter of a mile.
Mr. Campbell noted that his normal reaction is to side with
the neighborhoods, but in this case, he said there have been instances where
he felt he was being used to settle old scores. He has tried to look objectively
at every issue and had done his homework by researching the issues involved.
He felt The Hamlet drainage issues have clouded the discussion of the proposed
development. Mr. Campbell observed the Stoneridge neighborhood to the west is
the newest entrant to the discussions, where in the past the primary issues seemed
to be who was told what and when. He did not know when the various home owners
were told about the proposal for this tract, but he did know that Mr. Stohldrier,
the developer of that subdivision, was aware of the proposal for higher density
residential and commercial areas across Stone Valley Parkway before he started
his development. Mr. Campbell noted the King's Meadow neighborhood to the north
has had the longest relationship with Mr. Tosini, and there are old, personal
animosities that influenced discussions here. However, he said changes were made
to meet some of their concerns.
Regarding issues raised about the distance to other commercial
areas, Mr. Campbell said the question regarding the need for another grocery
store as close as Scott Boulevard is natural. He explained the model for grocery
stores is moving away from having a few big, boxy grocery stores toward smaller
neighborhood outlets spread out at more frequent intervals. In recent weeks,
Mr. Campbell has heard about at least six locations in the city being considered
for new grocery stores. He acknowledged that although 40,000 square feet does
not sound small, it is one-half the size of the Gerbes store on Broadway. Mr.
Campbell believed a grocery store located on Scott Boulevard will reduce some
of the arterial traffic, especially on Broadway.
In reference to the size of the commercial development on
the tract, Mr. Campbell commented that the literature on new urban developments
is very clear. He said there is no clear maximum size or number of square feet
for new urban commercial centers. Nor is there a magic size for a neighborhood
center. Mr. Campbell related that a 1999 study of successful neighborhood centers
reviewed 28 commercial developments ranging in size from 15,000 square feet to
600,000 square feet of commercial development.
On the issue of buffering to the other neighborhoods, Mr.
Campbell said it has been an accepted practice for this Council, and most other
cities, to place higher density residential areas next to single family areas.
In this case, he noted there are townhouses across from single family units.
Mr. Campbell said the single family residences, with the exception of the one
to the south, do not face this development. He noted the sketches of the townhouses
appear to be attractive and compatible with single family units. Therefore, Mr.
Campbell saw no reason why a townhouse development would have any adverse impact
on single family units. He felt most people have accepted the idea that the City
would have to go to higher density in residential areas to reduce urban sprawl.
With respect to the impact on housing values, Mr. Campbell
pointed out that for most people, their home is their largest single investment.
He said it is natural that all of us are concerned about the impact of any proposed
development on the resale values of our homes. Referring to a 1999 study by George
Washington University that compared newer urbanism projects to conventional suburbs,
it concluded that these have consistently demonstrated higher real estate values.
Other research has found that most people would prefer to reside in such neighborhoods.
Mr. Campbell suspected that within a very few years, residing in an integrated
community will become like the MKT Trail, an asset. He noted that the MKT Trail
was strongly opposed at first. Mr. Campbell recognized a strong consensus that
integrated communities should include, wherever possible, housing, retail establishments,
places of employment, and community services. He said new urbanism will not stop
the urban sprawl that is challenging Columbia and almost all other metropolitan
areas in the United States. He said it may slow the rate down, however. Mr. Campbell
wished the proposal, which he felt includes many of the elements for new urbanism,
did not come with so much baggage. He also wished there was one already built
the Council could point to as an example.
Regarding the neighborhood concerns on complete packages,
Mr. Campbell agreed it would be much better if entire tracts, large acreages,
were planned at one time. He said Columbia is still a relatively small market
and the possibility of doing a complete package, including large tracts, would
be very unusual in the Columbia housing market. If the Council were to insist
on complete packages, he did not think it was likely that we would have very
much new urbanism in Columbia.
Mr. Campbell said the Council has before them a request for
rezoning, which includes detailed plans that discloses building locations, architecture,
lighting, and landscaping, all of which the developer is willing to make a part
of the conditions for rezoning. He stated while he does not like the idea of
voting against many of the residents who are opposed to the proposal, he could
not find factual information to support their points. Mr. Campbell reported the
primary concerns about impact on values of housing and size of the commercial
tract are not supported by the academic research on these types of developments.
On balance, he believed the plan to be worthy of approving, although it was far
from perfect, but no plan is. Mr. Campbell said if the City is serious about
implementing a plan such as the Metro 2020 Plan, the Council must move ahead
with proposals such as this. He related that he would vote for the proposed rezoning.
Mr. Campbell made the motion to amend B50-00 per the amendment
sheet. The motion was seconded by Mayor Hindman.
Mr. Boeckmann explained that the amendment would impose restrictions
on the developer and also pertains to issues of what will be permitted in the
development. He said restaurants would be permitted to operate outdoor cafes
on sidewalks, including areas within the public right of way, and in courtyards
provided that pedestrian circulation and access to exterior building entrances
will not be impaired. Awning signs will also be permitted, and businesses located
in corner buildings will be permitted one sign for each street frontage.
Mr. Boeckmann reported that Exhibit D deals somewhat with
the proposed uses of the property and a lot of it is further restrictions. He
noted a difference from the original ordinance in that the O-P zoned area would
allow all residential uses. In addition, Mr. Boeckmann noted a number of references
to items presented at the hearing which he said would be pretty meaningless to
anyone in the future looking at it. He pointed out a reference on Page 2 of Exhibit
D that stated, "buildings will reflect a continuity of treatment obtained by
maintaining the building scale or by subtly graduating changes that would be
consistent with the illustrations and types shown to the City Council on February
21, 2000". It also says that "sidewalks shall be generally consistent with the
pedestrian and bike plans submitted to the City Council on February 21, 2000".
The letter also stated that "lighting must be consistent with the lighting plans
submitted and presented to the City Council on February 21, 2000". Mr. Boeckmann
indicated there are also a few things the City might have trouble enforcing.
He gave as an example, "no office or activity will be permitted to have hours
of operation for delivery or business operations when open to the general public
except during the hours of 6 a.m. through 11:30 p.m. on the same day".
Mr. Campbell asked if the Council passed the amendment understanding
these things to be restrictions, whether they would have the option of making
changes to the plan when it is presented to the Council for approval. Mr. Boeckmann
responded the Council would be able to make changes.
Mr. VanMatre said his client intends to be bound by the restrictions,
but if the Council wants further modifications in the restrictions or standards
when the plan is brought forward, they did not consider the Council bound by
the restrictions. He said this is a one way restriction on them, not the City.
Mr. VanMatre related that they did not intend on tricking the Council into approving
a plan that either does not meet current ordinances or does not meet with Council
approval.
When the plan comes forward, Mrs. Crockett asked if the restrictions
could be placed on the plat itself. Mr. Boeckmann said he was sure the appropriate
restrictions could be placed on the plat. Mrs. Crockett felt that would make
them more enforceable.
The motion to amend, made by Mr. Campbell, seconded by Mayor
Hindman, was approved unanimously by voice vote.
Mr. John observed on the one side of the tract it looks very
nice, all organized and laid out, but there are concerns. He noted that uses
are matched with uses against the King's Meadows boundary because residents demanded
such. However, that pushed the density against the Stoneridge Subdivision. Although
the Council has been shown a plan with an overall density of 12, in one neighborhood
it went six to seven, and against the other neighborhood it increased to 17.
He did not like playing one group against the other. Eventually, Mr. John noted
there will be a major arterial intersection one-quarter of a mile or so north
of this site. He said the road will be in place and that will be a more conducive
area for either the community marketplace or some sort of commercial zone.
Mr. John reported there are 30 acres of commercial property
located at the intersection of Fairview and Broadway, extending down the hill
toward Silvey Lane. He was not as concerned about the vacancies at Crossroads
and Biscayne because he said the owners want them that way. Mr. John commented
that to look at an urban village in Columbia, Missouri, one has to look at an
urban village that meets the scale of Columbia, Missouri. He stated it could
not be "one size fits all". The scale must be consistent with the community,
and he did not see this scale as being consistent with the community. Mr. John
indicated that he has serious reservations about this development after listening
to the testimony from both sides. When looking at the current land use plan and
the design criteria, he reported this proposal does not compare to The Village
of Cherry Hill at all. Mr. John stated he could not support this rezoning request.
Although it is a difficult situation, Mr. Janku felt the plan
had a lot of positives. He was not particularly troubled by the commercial area,
and he thought it would be a very strong benefit to the area. He also believed
the traffic improvements that would go along with the development would allow
it to work fine. Mr. Janku shared Mr. John's concerns about the way the density
is arranged on the site, saying it was over-weighted in one direction. He suggested
that could be modified when the plan moves forward. Mr. Janku thought the townhouse
style development was relatively attractive. He concluded there was a need for
this type of development in the area.
Mr. Coffman questioned whether or not the commercial area
is too large. He said the grocery store is the toughest part as it seemed a little
big. Although, he felt he could go along with the entire package.
Mr. Campbell interjected that if Columbia is to have a walkable
community, there must be stores that supply some of the daily needs of the individuals
living in the area.
Mayor Hindman liked the plan, although he agreed there are
things he would like to see done slightly differently. He was concerned about
the size of the grocery store and said he would not want to give the impression
to the developer that he would approve of anything over 40,000 square feet. When
the plan comes in, he wanted to see a true mix of residential uses in the commercial
area. Mayor Hindman believed this project would add to the neighborhood and he
would support the request.
B50-00, as amended, was given third reading with the vote
recorded as follows: VOTING YES: JANKU, CROCKETT, CAMPBELL, COFFMAN, HINDMAN,
CRAYTON. VOTING NO: JOHN. Bill declared enacted, reading as follows:
(A) Voluntary annexation of property
located on the west side of Lake of the Woods Road, north of Evergreen
Acres Subdivision.
Item A was read by the Clerk.
Mr. Beck noted that this tract of land consists of approximately
4.13 acres. He explained that the request is being made so that the property
owner can extend City sewers to the site.
Mayor Hindman opened the public hearing.
There being no comments, Mayor Hindman closed the public hearing.
Mayor Hindman noted that no action is required and that an
ordinance will be given first reading this evening.
OLD BUSINESS
B37-00 Authorizing an agreement with
Show-Me Power Technologies, L.L.C. to lease a dark fiber pair on the
City's
fiber optic cable system.
The bill was given second reading by the Clerk.
Mr. Malon explained that Show-Me Electric Coop is actually
a G & T cooperative in the southwest part of the state and they are trying
to interconnect several universities together. He said they have asked to rent
a dark pair on the City's fiber optic cable system to connect the Central Electric
system to Towner Communications. Mr. Malon noted they understand the restrictions
and the kind of services we are able to provide.
B37-00 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B38-00 Authorizing a right of use permit
with the University of Missouri for the installation of bus benches and
shelters.
The bill was given second reading by the Clerk.
Mr. Beck explained that this would authorize the City to place
a one passenger shelter and two benches on property owned by the University at
the Rusk Rehabilitation Center. He noted that the Greyhound Bus Lines are located
across the Business Loop from this location.
B38-00 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B41-00 Amending Chapter 14 of the Code
to prohibit parking along portions of Creekwood Parkway.
The bill was given second reading by the Clerk.
Mr. Beck explained that this would remove parking on the west
side of the street from Clark Lane to Penn Terrace, and on the east side from
Clark northward 340 feet. He said complaints were being received about trucks
parking in the area.
Mrs. Crockett said she had received a number of calls on this
problem and the initial feeling had been to have parking prohibited on both sides
of the street, but at this point she suggested that parking be removed from one
side and then if problems still continue, it could be removed from the other
side as well. Mrs. Crockett asked if Creekwood Parkway was a 38 foot wide street.
Mr. Patterson said that was correct. He reported that staff looked into this
situation and they believed that from a traffic standpoint, parking could be
limited to one side of the street without interfering with the movement of traffic
or visibility at the intersection. However, he said it may be necessary to come
back and remove parking from both sides if the problem continues.
B41-00 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B42-00 Authorizing change order to
the contract with Prost Builders for the Armory Building renovation project.
The bill was given second reading by the Clerk.
Mr. Beck noted there are about 16 items totaling approximately
$83,000 relating to the Armory renovation project. He noted the project is still
within the overall budgeted amount. Mr. Beck pointed out that the change order
does not include painting the exterior of the building that had been discussed
a few weeks ago. He said information relating to that issue would be brought
back to the Council after the Historic Preservation Commission looks at it. Mr.
Beck explained that most of the funds being used for this project are from Community
Development Block Grant monies.
Mayor Hindman noted that he had walked through the building
and said the contractors seemed to be making significant progress.
B42-00 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING
NO: NO ONE. Bill declared enacted, reading as follows:
B51-00 Appropriating hotel/motel gross
receipts tax funds for advertising and marketing.
The bill was given second reading by the Clerk.
Mr. Beck explained that this bill would allow for the appropriation
of funds that had been set aside for the marketing program.
Lorah Steiner explained the allocation would consist of approximately
$176,000 anticipated from the proceeds of the increased lodging tax for the period
of January 1 through September 30th. After the allocation of the $176,000, the
remainder of the funds will go into a festivals and events account. She noted
a portion of the monies will be used to bring the fund balance in compliance
to fund balance percentages.
Mr. Janku commented that mention had been made about the need
for some software for convention lodging. He asked if that had been addressed
in last year's budget. Ms. Steiner responded it had been.
B51-00 was given third reading with the vote recorded as follows:
VOTING YES: JANKU, CROCKETT, CAMPBELL, JOHN, COFFMAN, 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.
B34-00 Approving engineer's report;
accepting a conveyance; authorizing payment of differential costs for
water
main project in Richland Heights, Plat 2.
B35-00 Accepting easements for water
utility purposes.
B36-00 Authorizing an agreement with
the Columbia School District for use of a portion of the City's fiber
optic
cable system.
B40-00 Calling for bids for the construction
of the Bear Creek Recreation Trail, Phase III.
B43-00 Authorizing an agreement with
the Missouri Highway and Transportation Commission to provide
funding
for the bridge over Bear Creek Trail Phase 1; appropriating funds.
B45-00 Vacating a portion of a utility
easement located within The Village of Cherry Hill, Plat 3.
B46-00 Approving the final plat of Eastland
Hills, Plat XI; authorizing a performance contract.
B47-00 Approving the final plat of Heritage
Estates, Plat No. 1; authorizing a performance contract.
B48-00 Approving the final plat of Vanderveen
Crossing, Plat No. 4; authorizing a performance contract.
R28-00 Setting a public hearing: installation
of a 12-inch water main along Scott Boulevard from Beach
Pointe
Drive to the south side of the Katy Trail.
R29-00 Setting a public hearing: installation
of an 8-inch and 12-inch water main along Business Loop 70 at
Creasy
Springs Road.
R30-00 Setting a public hearing: street
construction on Spruce Drive.
R31-00 Authorizing an agreement with
the City of Fulton to provide transmission service for peaking capacity.
The bills were given third reading and the resolutions
were read with the vote recorded as follows: VOTING YES: JANKU, CROCKETT,
CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Bills declared
enacted and resolutions declared adopted, reading as follows:
NEW BUSINESS
R32-00 Approving the preliminary plat
of The Park at Arcadia, Phase 7.
The resolution was read by the Clerk.
Mr. Beck noted that this 23 acre tract is located in north
central Columbia on the east side of Derby Ridge, north of Smiley Lane. He said
it would create 99 R-1 lots. Both the staff and the Planning and Zoning Commission
recommended approval.
Mr. Janku commented that there has been a lot of new development
in this area and he noted the lack of a neighborhood park. Mr. Janku was hopeful
staff could work with the school to accommodate that.
The vote on R32-00 was recorded as follows: VOTING YES: JANKU,
CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R33-00 Authorizing an agreement with
Regional Economic Development, Inc. for lease of the Walton Building.
The resolution was read by the Clerk.
Mr. Beck noted that the City and the Chamber jointly own the
Walton Building. For a number of years, he explained that they have been leasing
space to the REDI Corporation. This proposal is to extend the lease an additional
five years at a rate of $17.75 per square foot.
Mr. Janku felt the amount was high. Mr. John noted that the
price includes utilities, janitorial service, parking lot maintenance and other
things that are not included in normal leases. Mr. Campbell was concerned that
the amount was well above the commercial rate and asked if it could be reduced.
Mr. Beck responded that staff had done some comparisons and with everything that
is included, it was not much out of line, if at all. Mr. John felt there was
a few dollars worth of utilities per hour at least. He said it would be another
couple of dollars per square foot for the janitorial services. Mr. Beck pointed
out that REDI would also have use of the meeting rooms that are not included
as part of the square footage being leased.
Mr. Coffman asked how the five year term was arrived at. Mr.
Beck said that is how it has been handled in the past.
The vote on R33-00 was recorded as follows: VOTING YES: JANKU,
CROCKETT, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. VOTING NO: NO ONE. Resolution
declared adopted, reading as follows:
R34-00 Providing relocation assistance
loans to the residents of Walnut Woods Mobile Home Park.
R35-00 Providing relocation assistance
grants to the residents of Walnut Woods Mobile Home Park.
Both resolutions were read by the Clerk.
Mayor Hindman asked that the bills be read and discussed at
the same time. He noted that they would be voted on separately.
After substantial testimony at the last meeting, Mr. Beck
commented that the Council asked the staff to prepare a report outlining alternatives
in regards to relocation assistance and the use of Community Development Block
Grant money. He pointed out that one resolution would allow for loans and the
other grants. Mr. Beck noted that information was supplied to the Council regarding
other social service programs that residents of Walnut Woods could apply for,
and a report from a local bank that established a trust to assist the residents
in relocation expenses.
Mr. Campbell related that the Council briefly discussed a
third alternative -- wherein the City would provide more support to the Voluntary
Action Center, assuming they would run out of funds if these monies were used
for relocation assistance. He asked how the City could provide CDBG funds to
a second agency. Mr. Hancock replied that staff could look into that. He said
it is very difficult to work within the regulations and take CDBG money, the
City's money, and simply provide it to another agency to then administer. Mr.
Hancock reported it would be difficult to monitor and difficult to ensure another
agency will comply with federal regulations when using those funds. Mr. Campbell
noted that since there are already other agencies that could help, the Council
could simply allow additional support for those agencies to prevent the City
from working on a mechanism.
Mr. Coffman agreed it might be more appropriate and easier
to administer if the City were somehow able to lend financial assistance to another
organization that has more expertise in qualifying people for social services.
However, he pointed out that timing in this case is a real problem. Mr. Coffman
understood that HUD has cleared the City to utilize CDBG funds and we would be
able to, under a grant program, administer the monies fairly quickly.
Mr. Hancock reminded the Council that this is money in the
contingency fund. Mr. Coffman understood that qualifying people and paying money
out is something the staff could have ready to go this month. Mr. Hancock said
that was correct. He felt his staff has put together the necessary paper work.
Mr. Hancock pointed out that this process could be facilitated if each applicant
did their own leg work in obtaining the necessary clearances from employers and
savings institutions, for example, and supply that information to the City. Mr.
Coffman asked if staff could also handle monies that had already been paid out.
Mr. Hancock said he thought they could for the grants.
Mr. Campbell asked what were the qualifying terms. Mr. Hancock
said the resolutions establishing either of the programs state that applicants
would have to become current on any past due utility bills before assistance
could be provided. Mr. Campbell asked if that included lot rent. Mr. Hancock
said it did not, only monies owed to the City.
Mr. Janku asked about the number of trailers yet to be moved
and whether there was any information on the fund being established by Union
Planters Bank. Mr. Hancock replied that as of Friday, staff had been told 62
trailers still remained. The only information he had regarding the trust fund
was that the applications had been sent to residents and some responses have
been received. He believed the trust fund contained approximately $26,000.
If it is the will of the Council to provide additional assistance
for social service needs, Mr. Coffman asked what a realistic timetable would
be to put something together. Mr. Hancock replied if the Council instructs staff
which agency to work with, they could contact this organization to determine
whether they would be able to provide the necessary funds. He said if they have
enough information, this could possibly be forwarded to the Council by the next
meeting. Mr. Hancock noted staff would have to check with HUD to make sure this
was acceptable.
Ms. Crayton stated these people need to move now. She asked
how much longer residents would have to wait if the City supplied additional
funding to the Voluntary Action Center. Mr. Campbell responded the Voluntary
Action Center already has some funds available, so residents could apply for
such immediately. He explained the question is, if the VAC runs out of funds,
could the City step in and provide more funding so they could continue to disperse
these monies.
Larry Rice, Director of the New Life Evangelistic Center,
901 Wilkes Boulevard, explained that his organization is the one that the Voluntary
Action Center and other agencies frequently refer people to when they need help
with energy assistance. He noted that Mr. Coffman brought out a very good point
in that residents of Walnut Woods are being forced to move and they need help
now.
Wesley Coats, #42 Walnut Woods, did not think it was possible
to move 62 trailers by April 1. He commented that no one is doing anything to
help residents, and a loan was certainly not going to help him. Mr. Coats stated
residents need to be given more time to move.
Mary Hussmann, a third ward resident on Rice Road, felt the
Walnut Woods people have been treated unjustly by JPI as well as by the former
owners. She asked Mrs. Crockett, because of a perceived conflict, to abstain
from any discussions or votes on this issue. Mrs. Crockett assured Mrs. Hussmann
that she would be happy to abstain. When the JPI development begins, Mrs. Crockett
stated she would automatically abstain because her husband would be directly
involved in the project.
Thunder Falcon, a Walnut Woods resident, reported that the
original request of residents of Walnut Woods was for the Council to write a
letter of condemnation to JPI, or for someone from the City to contact JPI on
their behalf to encourage the company to assist with relocation costs. She wondered
if anyone had been able to contact JPI. Ms. Falcon noted JPI made a donation
to the trust fund, but residents knew very little about it or what kind of requirements
are expected in order to receive the funds. In addition, she questioned what
legislation is in the works to protect future mobile home owners who live on
rented property.
Mayor Hindman explained that he had talked to the attorney
for JPI and it was suggested, as was mentioned when Mayor Hindman visited the
site, that the residents write him letters stating their particular cases, and
he in turn would forward these to the JPI attorney. That attorney would then
look into what they might be willing to do. Mayor Hindman pointed out JPI has
contributed $25,000 to the trust fund, and he felt they had responded in a significant
way to the public demand which has arisen from this situation.
Regarding future legislation, Mayor Hindman explained the
right to terminate leases is a state law matter. He understood one of the legislators
is looking into the situation.
Lisa Shields, #52 Walnut Woods, reiterated the resident's
situation of having no place to go and not knowing what to do. She said they
have 30 days left to move their home and no money to do it. Ms. Shields felt
JPI should be held accountable.
Shelly Shields, #49 Walnut Woods, spoke in opposition of the
eviction.
Dan Atwill, an attorney with offices at 609 E. Broadway, spoke
on behalf of the former owners of the property. He explained that his clients
are permanent residents of the City and are proud of their community. Mr. Atwill
added that his clients are taxpayers, law abiding citizens and employers of numerous
people in the community. He assured the Council that they have always had the
best interest of the City at the core of their business plans. Mr. Atwill reported
his clients have no position on the pending legislation before the Council.
Mr. Campbell asked if Mr. Atwill's clients would be willing
to help in the process of seeing this transition through. Mr. Atwill said he
thought they have helped in some ways. Although, he could not recommend that
they offer money at this time. Had it not been for the actions taken against
his clients and their businesses, Mr. Atwill thought their attitude might be
a little different.
Mayor Hindman commented as far as any interference with the
evictions, he said the new owners have absolutely complied with the law. He noted
the former owners had nothing to do with that process. They, as the City Council,
have no right to override that state law and cannot stop the evictions. In reference
to the community attitude toward JPI's actions, Mayor Hindman said he tried to
make it clear that he felt, as did others in the community, the notice was simply
too short and it should not have been handled in that manner. However, that did
not give the City any legal power to do anything about it. He said the project
is something that will happen regardless of what the Council's feelings may be.
Mayor Hindman felt the real injustice to be the length of time given for the
resident's to move, and he believed it would have been more humane of JPI to
allow for a substantially longer notice.
Mayor Hindman reported the most significant thing the Council
can do at this point is to ensure the proper social services are provided. He
noted that the City provides about $650,000 annually to various social service
agencies. Mayor Hindman related that staff had done some research pertaining
to the availability of monies from the various social service agencies, and he
explained the situation with respect to that issue. In addition, Mayor Hindman
read that a community fund has been established at the Union Planters Bank to
assist in relocation costs. He reported that Consumer Debt Counseling will work
with Union Planters Bank to determine the financial needs of the residents, assist
in the allocation of funds, and provide financial counseling services.
Mayor Hindman explained the Salvation Army can also provide
cash assistance with lot rent or other housing deposits, as well as their usual
shelter, food, and support services. He reported the Voluntary Action Center
has limited funds to assist with up to half of the cost of utility deposits,
which could help if one is experiencing problems getting reconnected after a
move. He noted there are also some utility assistance funds available through
the Health Department, the Division of Family Services, and the Human Development
Corporation. In addition, he stated there are vacant units in the public housing
area if the residents of Walnut Woods meet the eligibility requirements. Mayor
Hindman also mentioned the Community Harvest Food Pantry can provide food boxes
for families with financial needs and the United Way considers requests for emergency
funds from local agencies. If there is an extra load put on the local agencies
as a result of this situation, applications can be made to the United Way, which
the City supports in a substantial way.
Mayor Hindman related that the City does contribute in a significant
way to various social service agencies in the community, and he noted the information
he was reading from did not even mention the HOME funds and down payment assistance
programs the City has. He felt staff should make certain that a complete list
of the social services that would be available to residents of Walnut Woods be
widely distributed to those families.
Mayor Hindman suggested that the City allow Consumer Debt
Counseling and the United Planters Bank deal with this issue from the financial
point of view, and if additional help is needed because of this situation, the
City should then consider what else could be done to help.
Mr. Coffman agreed with the Mayor in that the eviction time
did not seem right, especially in the winter. However, he also did not think
it is the proper role of government to try to impose morality on a private party
that is playing by the rules. He felt it would be inappropriate for the City
to apply any pressure to JPI. Mr. Coffman believed there would be a benefit to
the City in assisting the Walnut Woods residents in this emergency because by
making public funds available right now, it could save the City higher social
service costs down the road. He also noted that utility assistance is one of
the biggest problems when looking at social service costs to a state or a community.
Mobility, he said, is particularly a problem for children. Mr. Coffman thought
it was appropriate for the City to assist these residents to the extent that
it could possibly help these individuals avoid ending up in a homeless situation.
He pointed out contingency funds have been set aside for situations such as this.
Mr. Coffman asked the Council to help the working poor of Walnut Woods.
Mr. John said while it is true this is a community issue,
there has been a trust fund set up at Union Planters Bank that could probably
be a greater help in this crisis than the City could. He called upon the community
to donate to the fund like he has personally. Mr. John agreed with the Mayor
in that certain agencies may get tapped because of extra needs at this time,
and if so, the City should come back and consider supporting them with more funds.
Mr. Janku was hopeful the fund would continue to grow to meet
most of the needs. He wanted to assure some degree of coordination between the
applicable agencies so that a full package of the available benefits can be made
easily accessible to the residents. Mr. Janku was also hopeful the community
will continue to respond to this crisis.
Mr. Campbell said his students had questioned the difference
between people living in low income housing receiving an eviction notice because
the structure was going to be torn down to build a shopping center versus this
situation with the residents of Walnut Woods. He noted that the magnitude may
be different, but it could be just as devastating. Mr. Campbell's position was
that he did not want to see another bureaucracy created and see these folks being
shuffled from one agency to another. He believed the City should be supportive.
He did not think the fund would be adequate and that the City should be prepared
to step forward and provide additional monies if necessary.
Mayor Hindman suggested that staff should continue to monitor
what is going on to ensure that information is disseminated to the affected residents.
In addition, he wanted staff to help with the coordination of the services in
such a way that it ends up being, as much as possible, a one-stop deal. He noted
that people are evicted regularly for one reason or another, and the City's social
service agencies have been dealing with these situations over the years. Mayor
Hindman pointed out that the same hardship will apply to other people who are
evicted on a smaller scale.
Mrs. Crayton asked that the City do whatever possible to help
the residents of Walnut Woods.
In the event the resolutions do not pass, Mayor Hindman said
he would like to make a motion asking the staff to work on the coordination of
benefits.
Mr. Campbell said he would urge that staff do much more than
coordinate. He indicated if there is a need, the City should be prepared to address
it.
The vote on R34-00 was recorded as follows: VOTING YES: NO
ONE. VOTING NO: JANKU, CAMPBELL, JOHN, COFFMAN, HINDMAN, CRAYTON. ABSTAINING:
CROCKETT. Resolution defeated.
The vote on R35-00 was recorded as follows: VOTING YES: COFFMAN,
CRAYTON. VOTING NO: JANKU, CAMPBELL, JOHN, HINDMAN. ABSTAINING: CROCKETT. Resolution
defeated.
Mayor Hindman made the motion that staff be asked to
coordinate with all of the service providers, and that they try and do everything
they can to get information about the services available to the affected
people, and that they monitor the situation and find out if the present services
and the trust fund will be adequate to meet the needs as determined by the
agencies. If the funds are not adequate, the staff is directed to report
back to the Council, as soon as possible, with a proposed resolution on how
to deal with additional funding options. The motion was seconded by Mr. Campbell
and approved unanimously by voice vote.
The following bills were introduced by the Mayor, unless otherwise indicated, and all were given first reading:
B52-00 Calling for bids for the development
of Field Neighborhood Park.
B53-00 Calling for bids for the development
of the MKT Trailhead Park; appropriating funds.
B54-00 Calling for bids for construction
of sidewalks along West Ash Street.
B55-00 Approving Change Order No. 3;
approving the engineer's final report for the 8th and Cherry parking
garage
project; appropriating funds.
B56-00 Approving Change Order No. 1;
approving the engineer's final report for the Glen Eagle drainage
project.
B57-00 Authorizing the acquisition of
easements necessary to construct the Parkade Heights storm water
drainage
improvement project.
B58-00 Amending Chapter 22 of the Code
relating to landfill rates.
B59-00 Authorizing a cooperative agreement
with Boone County relating to 2000 revenue sharing funding for
improvements
to Vandiver Drive.
B60-00 Rezoning property located on
the south side of Southampton Drive on both sides of John Garry Drive
from
District O-1 to District C-P; approving the "Corporate Lake" C-P Development
Plan.
B61-00 Establishing permanent R-1 zoning
on property located south of St. Charles Road, at the southern
terminus
of Charlie Goff Drive.
B62-00 Approving the final plat of McAlester
Plaza; authorizing a performance contract.
B63-00 Approving the final plat of Vanderveen
Crossing, Plat No. 3-A, a replat of part of Vanderveen Crossing,
Plat
No. 3; authorizing a performance contract.
B64-00 Approving the final plat of a
replat of Lot 2 of Sedona Villas, Plat 1.
B65-00 Vacating portions of a street
right-of-way and easements located within Plat No. 3 of Vanderveen
Subdivision.
B66-00 Voluntary annexation of property
located on the west side of Lake of the Woods Road, north of
Evergreen
Acres Subdivision.
B67-00 Authorizing installation of a
12-inch water main along Scott Boulevard from Beach Pointe Drive to the
south
side of the Katy Trail.
B68-00 Authorizing installation of an
8-inch and 12-inch water main along Business Loop 70 at Creasy Springs
Road.
B69-00 Accepting easements for water
utility purposes.
REPORTS AND PETITIONS
A) Street Closure Request.
Mr. Beck explained the request to be the closure of Walnut
Street, between Seventh and Eighth Streets, on Monday, May 8, from 4:30 to 7:00
p.m. for the Partners in Education Program. He noted that this is an annual event.
Mr. Campbell made the motion that the request be approved
as written. The motion was seconded by Mr. Janku and approved unanimously by
voice vote.
B) Intra-Departmental Transfer of Funds
Request.
Report accepted.
C) Food Code Ordinance.
Mr. Beck explained that staff is requesting to proceed with
an update of the food service ordinance using the national codes and state standards
and guidelines.
Ms. Browning explained that on October 30, 1999, the new Missouri
rule went into effect regarding sanitation of food establishments. She noted
her department is currently working under an ordinance that has been around since
1962. It took about two years for the Missouri Rule to go through a review process,
and her staff would like to move forward with a review of the City's ordinances.
Ms. Browning explained since her department is under contract to provide food
inspection services for Boone County, the new guidelines for retail food inspection
apply, however, the older standards still must be used within the city limits.
Ms. Browning explained she would like to use the Board of
Health as the vehicle for the review process. She proposes to establish a food
safety advisory council, or something similar, consisting not only of public
health people, but individuals from retail food establishments, restaurant owners,
consumers, and those who have a vested interest in the process. Ms. Browning
indicated she would also like to include some people from Protective Inspection
on the committee since they facilitate all of the plan reviews. She reported
this group would forward their findings to the Board of Health, and then their
suggestions would be referred to the City Council for consideration.
Mr. John said he has been asked about soda machines where
customers can serve themselves. He noted the situation in which a used cup comes
in contact with the dispenser. He was hopeful this process could also be reviewed.
Mr. John made the motion that the Board of Health be authorized
to proceed with the plan to review the existing Food Service ordinance. The motion
was seconded by Mr. Janku and approved unanimously by voice vote.
D) Proposal to Develop COLT Rail Terminal.
Mayor Hindman said he wanted to ensure that space is left
for the trail. He stated he would like to have more time to review the material.
Mayor Hindman asked about a deadline.
Mr. Malon was not sure there was a deadline, but said what
staff is concerned about is that the federal budget cycle is starting up again,
and the state budget cycle is underway, and they were hoping to try to get into
the stream. He noted there are a couple of different funding sources available.
Mr. Malon spoke about approaching the City's congressional delegation as other
states have been allocated funds for the same purposes. He remarked that his
staff felt it would be worthwhile to try to do the same.
Mr. Janku pointed out that the State Director of Transportation
just recently made a specific reference about trying to increase rail transport
to reduce truck traffic on I-70. He suggested this might be something staff may
want to look at. Mr. Janku indicated he wanted to see the City move forward with
the process, but he thought the Council would still need to look at the issue.
He was hopeful a work session could be scheduled fairly quickly.
Mr. Janku made the motion the staff be directed to schedule
a work session and pursue grants. The motion was seconded by Mr. Campbell and
approved by voice vote.
E) New Office Space Downtown.
Mayor Hindman noted this issue had been discussed at the pre-Council
dinner. The Council agreed to request that staff continue to review options and
report back with their findings.
Mayor Hindman made the motion that staff be directed to further
investigate options and report their findings back to the Council. The motion
was seconded by Mr. Campbell and approved unanimously by voice vote.
BOARDS AND COMMISSIONS
Upon receiving the majority vote of the Council, the following
individuals were appointed to the following Boards and Commissions:
CONVENTION & VISITORS ADVISORY BOARD
Dunn, Michael W., 1225 Sunset Drive, Ward 4 - term to expire 9/30/00
ENERGY & ENVIRONMENT COMMISSION
Echternach, Timothy R., 3605 Woodland Drive, Ward 2 - term to expire 6/1/01
HUMAN RIGHTS COMMISSION
Glaze, Marie A., 2209-A Creasy Springs Road, Ward 2 - term to expire 3/1/03
Naylor, Monica R., 3805 Frontenac Place, Ward 4 - term to expire 3/1/03
COMMENTS OF THE COUNCIL, STAFF, AND PUBLIC
Mrs. Crayton explained that she was having problems getting
to work at the Woodhaven facility due to bus schedules. She said as businesses
move further out, people who do not drive have trouble getting back and forth
to work. She asked what could be done about it. Mr. Patterson explained that
it is simply a matter of funding. Anything that is done without additional funding
would be taking a bus from one place to put it in another place. Unfortunately,
he said businesses do not always consider the transit system and the location
of buses when they locate their facilities.
Mr. Janku noted a report the Council received from the Disabilities
Commission. He related that last year, the Commission had received an award of
funds due to their work, and they would now like to organize a pedestrian awareness
campaign with this money. One of the requests in their memo was for permission
to spend up to $350 to participate in the Business Expo.
Mr. Janku made the motion that the Disabilities Commission
be authorized to spend up to $350 to participate in the Business Expo. The motion
was seconded by Mr. John and approved unanimously by voice vote.
Mr. Janku explained that he had been contacted by a person
owning a tree trimming service in town and this individual was concerned about
restrictions wherein those types of businesses are not allowed to take their
brush to the City's mulch sites. The caller adheres to those restrictions, but
this person has observed his competitors not following the laws. Mr. Janku said
if the rules could be enforced, it would give this individual a level playing
field. Mr. Patterson said any time staff observes commercial haulers bringing
in limbs, they do divert them to the landfill. He said sometimes he was sure
they slip in, but they do try to enforce it.
Mr. Coffman asked about the reason for the rule regarding
commercial haulers. Mr. Patterson responded because it is an additional cost
to the City, while the hauler is making money on it. He noted there is a provision
that limbs can be brought to the landfill compost site at half price if processing
is not required.
Another question the caller had was whether or not the City
requires people operating such services to be covered by worker's compensation.
Mr. Janku thought most businesses were required to have worker's compensation
coverage in order to get a City license. He asked for a report.
Mr. Coffman said he had received an e-mail from a gentleman
living in Southridge Subdivision who spoke about the need for additional lighting
on Old 63. The man wrote that he walks in this area at night (between Ponderosa
and Stadium) and he did not feel safe. Mr. Coffman thought the man was concerned
particularly about the asphalt deviation area. He asked for a report on the lighting
as to what is there and what is not, including costs. Mr. Coffman noted the gentleman
also had complimentary things to say about the Grindstone Nature Area and was
interested in when the entrance to the parking lot might be repaved.
Henry Lane, 1816 E. Broadway, spoke with concern about the
Walnut Woods residents and their current plight. He wished the Council had more
compassion and had approved the loans or grants to assist those folks in their
relocation expenses.
The meeting adjourned at 11:55 p.m.
Respectfully submitted,
Penny
St. Romaine
City
Clerk
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